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Home My Public Portal About02-21-02 Charter Revision Commission.tifMINUTES CHARTER REVISION COMMISSION VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, FEBRUARY 21, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Chairman at 7 00 p m Present were Commission Members Stuart D Ames, Michael Kelly, Luis Lauredo (arrived at 7 40 p m ), Vice Chairman Michael Kahn and Chairman Martha F Broucek Also present were Village Clerk Conchita H Alvarez and Village Attorneys Richard Weiss and Tony Recio Chairman Broucek led the Pledge of Allegiance Vice Chairman Kahn made a motion to approve the minutes of the February 7, 2002 meeting The motion was seconded by Commissioner Kelly and approved by a 4-0 voice vote The vote was as follows Commissioners Ames, Kelly, Vice Chairman Kahn and Chairman Broucek voting Yes Commissioner Ames made a motion to accept the alternative language for Section 2 02 as redrafted by the Attorney The motion was seconded by Chairman Broucek Section 2 02 Mayor and Vice Mayor (a) Mayor The Mayor shall preside at meetmgs of the Council; and be a voting member of the Council, ;name -committees -of eounetfand-appoint-members-ofthe-Wlage-boardrand The Mayor shall be recognized as head of Village government for all ceremonial purposes and for purposes of military law, for service of process, execution of duly authonzed contracts, deeds and other documents, and as the Village official designated to represent the Village in all dealings with other governmental entities The Mayor shall annually present a state of the Village message and, after approval 1 of February 21 2002 of the budget by the Council, an annual budget message The Mayor shall appoint all members of the Village boards. agencies. and committees ("Village Boards"). subject to ratification by the Council. Appointment Procedure Appointments to Village Boards shall become effective upon ratification by the Council. Pnor to making any appointments to Village Boards. the Mayor shall solicit at a Council meeting, recommendations from each Council Member for appointees The Mayor's appointments shall be announced by the Mayor at a Council meeting that precedes the meeting at which ratification is considered Waiver The method of appointment herein described may be waived in its entirety in connection with a particular Village Board by an affirmative vote of the Council Where the Mayor fails to announce appointments to a particular Village Board at the meeting preceding the meeting at which ratification is considered, the Council shall appoint the members of the particular Village Board by an affirmative vote on each appointee at the meeting at which ratification was onginally going to be considered The motion to accept Section 2 02 as redrafted was approved by a 4-0 voice vote The vote was as follows Commissioners Ames, Kelly, Vice Chairman Kahn and Chairman Broucek voting Yes Section 3 07 as redrafted Section 3 07 Expenditure of Village funds No funds of the Village shall be expended except pursuant to duly approved appropriations Where a r esolution h as b een a dopted p ursuant t o S ec. 5.02 s etting a n election. and the Council approves an expenditure of funds to inform the public of its position ("Majority Position") with respect to a particular ballot question ("Communication Expenditure") via mailings. advertising. web pages. or the like (collectively "Communications"). that Communication shall also inform the public of any minority position of t he C ouncil ( "Minority P osition"). A c ommittee s hall b e formed for e ach Minonty Position, comprised solely of Council Members who hold that Minonty Position ("Minonty Position Committee"). The content of the Communication relating to each Minority Position shall be determined by the Minonty Position Committee representing that Mmonty Position. The resolution authonzutg the Communication Expenditure shall specify the type of Communication and the date the Minority Position statement shall be completed and submitted to the Manager for inclusion in the Communication. All Communications shall present the Majonty Position and Minority Position(s) in substantially the same fashion in terms of size. color. type, length. and other physical characteristics. The Minonty Position Committee(s) created by operation of this Section shall sunset upon the date the 2 of 5 February 21 2002 Communication is effected, Chairman Broucek made a motion to simplify the language and not include a specific procedure in Section 3 07 The motion was seconded by Vice Chairman Kahn and failed by a 1-3 voice vote The vote was as follows Chairman Broucek voting Yes Commissioners Ames, Kelly and Vice Chairman Kahn voting No Section 4 12 has been deleted No discussion The-ecrunerl-shalfestabltsh-or-termnratt-suclrboards-and-agencres--as-rt-mar deem For consistency with the defined term "Council", Section 4 13 has been changed to read Section 4 13 Village Code, Ordinances and Resolutions Except as otherwise modified or replaced by this Charter or by the Visage Council, all codes, ordinances and resolutions of the Village and of Metropolitan Dade County, as applicable to the Village, which County and Village Codes, ordinances and resolutions are in effect as of Apnl 1, 1997, shall remain in force and effect as municipal codes, ordinances and resolutions of the Village Section 4 13 No discussion Article VI Charter Amendments Section 6 01 Charter Amendments No discussion Section 6 02 Procedure to amend The Attorney addressed the Commission regarding the changes that were currently being made to Section 5 02 requiring review of legal sufficiency and legality of initiative and referendum petition documentation, by the Village Attorney at the expense of the Village, prior to obtaining elector signatures The Attorney suggested to include similar language in Section 6 02 The Commission concurred and the Attorney will bring back sample language Section 6 03 Form of ballot. No discussion Conchita Suarez, 201 Crandon Boulevard addressed the Commission Article VII General Provisions Section 7 01 No casino gambhng Commissioner Kelly asked if this provision applied to casino boats The Attorney explained that the City of Hollywood was currently facing litigation on this very 3 of 5 February 21 2002 same question, but it was his preliminary opinion that the provision would not prohibit activities that took place solely outside the Village boundaries Section 7 02 Severability No discussion Section 7 03 Conflicts of interest, ethical standards No discussion Section 7 04 Village personnel system, merit principle Chairman Broucek asked whether Village employees were currently under a ten -step pay plan The Clerk explained that this is the procedure currently in place Section 7 05 Grants and charitable contributions Commissioner Ames made a motion to reduce the approval of grants or charitable contributions to five (5) Councilmembers The motion was seconded by Commissioner Kelly and approved by a 4-0 voice vote The vote was as follows Commissioners Ames, Kelly, Vice Chairman Kahn and Chairman Broucek voting Yes Section 7 06 Charter revision Commissioner Ames made a motion to increase the time between mandatory Charter Revisions to every ten (10) years The motion was seconded by Chairman Broucek The motion was tabled to the next meeting, so that the item could be brought back for discussion when Commissioner Lauredo was present Section 7 07 Variation of pronouns No discussion Article VIII Transition Provisions No discussion Section 8 01 Temporary nature of Article No discussion Section 8 04 Taxes and fees No discussion Section 8 07 Initial election of Council and Mayor No discussion There was extensive discussion from the Commission on the redrafted language for Section 2 03 Section 2 03 was discussed, and the option of increasing the term length to three (3) years for not more than two (2) consecutive terms No action was taken on this item Commissioner Ames discussed the possibility of placing two alternatives on the ballot for voters to choose from The Attorney explained that only those amendments that received a majority vote would be adopted and, m the case of two conflictmg amendments, assuming first that both received 4 of 5 February 21 2002 a majonty, the provision with more positive votes would be adopted Commissioner Lauredo expressed firm disagreement with placing two alternatives on the ballot, because it would confuse voters and might result in neither provision being adopted Chairman Broucek made a motion to amend Section 2 03 changing the terms for the Mayor and Councilmembers to two (2) three (3) year terms and no person shall serve on the Council, as Mayor or as any Councilmember for more than two (2) consecutive terms The motion died for lack of a second Commissioner Ames excused himself from the meeting at 8 00 p m The February 28th meeting was canceled to allow the Attorney sufficient time to put together a final package for the Commissioners' review The next meeting of the Charter Revision Commission will be on Thursday, March 7, 2002 at 7 00 p m in the Council Chamber At this meeting a review of all amendments will be made Commissioner Lauredo also expressed disappointment with the lack of public participation in the Charter Revision process and the lack of coverage by the Islander News The meeting was adjourned at 8 20 p m ctfully sub ' fitted hita H Alvarez, CMC Village Clerk Approved by the Commission Mullis_ day of March , 2002 ee Marta F Broucek Chairman IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVIEW COMMISSION WITH RESPECT TO ANYMATTER CONSIDERED AT A MEETING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 5 of 5