HomeMy Public PortalAbout03-07-02 Charter Revision Commission.tifMINUTES
CHARTER REVISION COMMISSION
VILLAGE OF KEY BISCAYNE, FLORIDA
THURSDAY MARCH 7, 2002
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
The meeting was called to order by the Chairman at 7 10 p m Present were Commission Members
Stuart D Ames, Michael Kelly, Luis Lauredo (arrived at 7 16 p m ), Vice Chairman Michael Kahn
and Chairman Martha F Broucek Also present were Village Clerk Conchita H Alvarez and Village
Attorney Richard Weiss
Chairman Broucek led the Pledge of Allegiance
Vice Chairman Kahn made a motion to approve the minutes of the February 21, 2002 meeting The
motion was seconded by Commissioner Ames and approved by a 4-0 voice vote The vote was as
follows Commissioners Ames, Kelly, Vice Chairman Kahn and Chairman Broucek voting Yes
The Attorney addressed the Commission regarding the procedure to approve or amend the revisions
made to date
Vice Chairman Kahn made a motion to approve the Charter as revised The motion was seconded
by Commissioner Kelly
3 The Charter Revision Commission of 2001-02 was appointed by the Village Council on
November 13. 2001 (as ratified on January 15. 2002) and met dunng the early months of 2002 to
review the Village Charter The members of the Charter Revision Commission were as follows
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March 7 2002
Martha F Broucek, Chair
Michael A Kahn, Vice Chair
Stuart D Ames, Member
Dr Michael E Kelly, Member
Luis Lauredo, Member
The Clerk was Conchita H Alvarez, the Manager was C Samuel Kissinger and the attorneys were
Richard Jay Weiss and Tony Recio As a result of those meetings, _ amendments were proposed
to the electorate Of the amendments proposed, , were approved by the electorate on
ARTICLE II VILLAGE COUNCIL, MAYOR
Section 2 01 was redrafted as follows
Section 2 01 Village Council
There shall be a Village Council (the "Council") with all legislative powers of the Village
vested therein, consisting of six (6) members ("Council Members") and the Mayor References in
this Charter to Council Members shall include the Mayor unless the context otherwise requires
John Festa, 695 Harbor Lane, Ed Meyer, 100 Sunrise Drive and Richard Gregone, Key
Biscayne addressed the Commission
The Attorney addressed the Commission regarding the number of Council Members
Commissioner Ames addressed the Commission on behalf of Mayor Joe I Rasco, stating that the
Mayor supports a five (5) member Council and designated seats
Vice Chairman Kahn made a motion to reduce the number of Council Members to five (5) The
motion was seconded by Commissioner Lauredo and failed by a 2-3 roll call vote The vote was as
follows Commissioner Lauredo and Vice Chairman Kahn voting Yes Commissioners Ames, Kelly
and Chairman Broucek voting No
Vice Chairman Kahn made a motion to change the method of running for Council to designated
seats The motion was seconded by Commissioner Kelly and approved by a 5-0 roll call vote The
vote was as follows Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman
Broucek voting Yes
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Commissioner Lauredo made a motion to reduce the number of Council Members to five (5) The
motion was seconded by Vice Chairman Kahn and approved by a 3-2 roll call vote The vote was
as follows Commissioners Ames, Lauredo and Vice Chairman Kahn voting Yes Commissioner
Kelly and Chairman Broucek voting No
Vice Mayor Robert Oldakowski addressed the Commission
Section 2 02 was redrafted as follows
Section 2 02 Mayor and Vice Mayor
(a) Mayor The Mayor shall preside at meetings of the Council; and be a voting member
of the Council_ ,
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, d eeds a nd o ther d ocuments, a nd a s t he V illage o fficial d esignated t o
represent the Village in all dealings with other governmental entities The Mayor
shall annually present a state of the Village message and, after approval of the budget
by the Council, an annual budget message The Mayor shall appoint all members of
Village boards, agencies. and committees ("Village Boards"). subject to and
effective upon ratification by the Council pursuant to the following procedure
Ij Appointment Procedure Pnor to making appointments to Village Boards,
the Mayor. during a Council meeting. shall solicit recommendations from
each Council Member for appointees The Mayor's appointments shall be
announced at a subsequent Council meeting which precedes the meeting at
which ratification will be considered
111 Waiver The method of appointment descnbed in paragraph (I) may be
waived in part or in its entirety in connection with a particular Village Board
by the Council Where the Mayor fails to appoint members of a particular
Village Board, the Council shall appoint the members
(b) Vice Mayor Dunng the absence or incapacity of the Mayor, the Vice Mayor shall
have all the powers, authority, duties and responsibilities of the Mayor At the first
Council meeting after each regular Village election, or in any calendar year in which
there is no regular Village election, at the first Council meeting in the month of
November of such year, the Council shall elect one (1) of its members as Vice
Mayor
Commissioner Lauredo made an amending motion to amend Section 2 02 (a) as follows (a) Mayor
The Mayor shall preside at meetings of the Council; and be a voting member of the Council_ ;name
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March 7 2002
of the Council 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 authorized
contracts, deeds and other documents, and, after obtaining the advise and consent from Council, 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 of the
budget by the Council, an annual budget message The Mayor shall appoint all members of Village
boards, agencies, and committees ( Village Boards"), subject to and effective upon ratification by
the Council The motion was seconded by Chairman Broucek
and approved by a 5-0 roll call vote The vote was as follows Commissioners Ames, Kelly,
Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes
Commissioner Lauredo made an amending motion to amend Section 2 02 (1) and (zi) as follows 0
Appozntment Procedure Pnor to making appointments to Village Boards, the Mayor, dunng a
Council meeting, shall solicit recommendations from each Council Member for appointees The
Mayor's appointments shall be listed on the agenda for the next Regular
Council meeting at which time ratification will be considered and
(u) Waiver The procedure for appointment described in paragraph (I) may be waived in
part or in its entirety in connection with a particular Village Board by the Council Where the Mayor
fails to appoint members of a particular Village Board, the Council shall appoint the members The
motion was seconded by Commissioner Kelly and approved by a 5-0 roll call vote The vote was
as follows Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek
voting Yes
Vice Mayor Oldakowski addressed the Commission regarding Section 2 02 (1) and (tt)
Section 2 03 was redrafted as follows
Section 2 03 Election and term of office
Each Council Member and the Mayor shall be elected at -large by the electors of the Village
in the manner provided in Article V of this Charter Each Council Member and the Mayor shall be
elected for a two (2) year term No
person shall serve on the Council, as Mayor, or as any combination of Mayor and Council Member
for more than six (6) consecutive years , and no-pc,rs
John Festa, 695 Harbor Lane addressed the Commission
Commissioner Lauredo made an amending motion to change the elected terms to eight (8)
consecutive years The motion was seconded by Vice Chairman Kahn and approved by a 5-0 roll
call vote The vote was as follows Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and
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March 7 2002
Chairman Broucek voting Yes
Vice Mayor Oldakowski addressed the Council regarding the length of elected terms
Vice Chairman Kahn made a motion to keep the elected term as it is currently in the Charter, a four
(4) year term The motion was seconded by Chairman Broucek and approved by a 3-2 roll call vote
The vote was as follows Commissioner Ames, Vice Chairman Kahn and Chairman Broucek voting
Yes Commissioners Kelly and Lauredo voting No
At this time, the Chairman requested a 5 minute recess There was no objection to the request The
meeting was reconvened at 9 25 p m
John Festa, 695 Harbor Lane addressed the Commission regarding the number of years for
elected terms
Commissioner Kelly made a motion to change the elected term to a two (2) year term The motion
was seconded by Chairman Broucek and approved by a 4-1 roll call vote The vote was as follows
Commissioners Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes
Commissioner Ames voting No
Section 2 04 has been redrafted as follows
Section 2 04 Qualifications
Candidates for Council Member or Mayor shall qualify for election by the filing of a wntten
notice of candidacy with the Clerk of the Village at such time and in such manner as may be
prescribed b y ordinance and payment to the Village Clerk of the sum of one hundred dollars
($100 00) as a qualifying fee A candidate for Mayor may not be a candidate for Council Member
in the same election Only electors of the Village who have resided continuously in the Village for
at least one (1) year preceding the date of such filing shall be eligible to hold the office of Council
Member or Mayor
The Attorney addressed the Commission regarding the qualifying fee stating that it is a State law
requirement
Commissioner Lauredo made an amending motion to amend Section 2 04 as follows Candidates
for Council Member or Mayor shall qualify for election by the filing of a wntten notice of candidacy
with the Clerk of the Village at such time and in such manner as may be prescribed by ordinance and
payment to the Village Clerk of the sum of one hundred dollars ($100 00) as a qualifying fee A
candidate for Mayor may not be a candidate for Council Member in the same election Only electors
of the Village who have resided continuously in the Village and have been a registered voter of the
Village of Key Biscayne for at least one (1) year preceding the date of such filing shall be eligible
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March 7 2002
to hold the office of Council Member or Mayor The motion was seconded by Vice Chairman Kahn
and approved by a 5-0 roll call vote The vote was as follows Commissioners Ames Kelly,
Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes
Section 2 05 Vacancies, forfeiture of office, filling of vacancies No discussion
Section 2 06 Recall No discussion
Section 2 07 was redrafted as follows
Section 2 07 No compensation, reimbursement for expenses
Council Members (including the Mayor) shall serve without compensation but shall receive
reimbursement for authonzed travel and per diem expenses incurred in the performance of their
official duties in accordance with applicable law, or as may be otherwise provided by ordinance_ ffor
Commissioner Ames, on behalf of Mayor Rasco, addressed the Commission expressing the Mayor's
support for compensation of the Mayor and members of the Village Council
John Festa, 695 Harbor Lane addressed the Commission regarding compensation
ARTICLE III ADMINISTRATIVE
Section 3 01 Village Manager No discussion
Section 3 02 Appointment, removal, compensation No discussion
Section 3 03 Powers and duties of the Village Manager No discussion
Section 3 04 Village Clerk No discussion
Section 3 05 Village Attorney No discussion
Section 3 06 Village code of administrative regulations No discussion
Section 3 07 was redrafted as follows
Section 3 07 Expenditure of Village funds
No funds of the Village shall be expended except pursuant to duly approved appropriations
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Where a resolution or ordinance has been adopted pursuant to Sections 5 02 or 6 02 setting an
election. and the Council approves an expenditure of funds to inform the public of its position
( Majonty 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 the Council (` Minonty
Position ) A committee shall be formed for each Minonty Position. compnsed solely of Council
Members who hold that Minority Position (Minonty Position Committee') The content of the
Communication relating to each Minority Position shall be determined by the Minority Position
Committee representing that Minority Position The resolution authonzing the Communication
Expenditure shall specify the type of Communication and the date the Minonty Position statement
shall be completed and submitted to the Manager for inclusion in the Communication All
Communications shall present the Majority Position and Minority Position(s) in substantially the
same fashion in terms of size. color. type. length. and other physical charactenstics The Minonty
Position Committee(s) created by operation of this Section shall sunset upon the date the
Communication is effected
John Festa, 695 Harbor Lane addressed the Commission regarding compensation
Vice Chairman Kahn made a motion to amend Section 3 07 as follows No funds of the Village
shall be expended except pursuant to duly approved appropnations Where a resolution or ordinance
has been adopted pursuant to Sections 5 02 or 6 02 setting an 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
minonty position of the Council ( `Minority Position") A committee shall be formed for each
Minonty Position. compnsed solely of Council Members who hold that Minority Position ( Minority
Position Committee") The content of the Communication relating to each Minority Position shall
be determined by the Minonty Position Committee if any representing that Minonty Position The
resolution authonzing the Communication Expenditure shall specify the type of Communication and
the date the Minonty Position statement shall be completed and submitted to the Manager for
inclusion in the Communication All Communications shall present the Majonty Position and
Minonty Position(s) in substantially the same fashion in terms of size. color. type. length. and other
physical charactenstics The Minority Position Committee(s) created by operation of this Section
shall sunset upon the date the Communication is effected The motion was seconded by Chairman
Kahn and approved by a 5-0 roll call vote The vote was as follows Commissioners Ames, Kelly
Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes
Section 3 08 Competitive bid requirement No discussion
Section 3 09 Removal of Council Appointees No discussion
ARTICLE IV LEGISLATIVE
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Section 4 01 Council meeting procedure No discussion
Section 4 02 Prohibitions No discussion
Section 4 03 was redrafted as follows
Section 4 03 Action requiring an ordinance
In addition to other acts required by law or by specific provision of this Charter to be effected
or authonzed by ordinance, those acts of the Village Council shall be by ordinance which
(1) Adopt or amend an administrative regulation or establish, alter or abolish any Village
office, department, board or agency,
(2) Establish a rule or regulation the violation of which carries a penalty,
(3) Levy taxes or appropnate funds,
(4) Grant, renew or extend a franchise,
(5) Set service or user charges for municipal services or grant administrative authonty
to set such charges,
(6) Authorize the borrowing of money,
(7) Convey or lease or authonze by administrative action the conveyance or lease of any
lands of the Village, or
(8) Amend or repeal any ordinance previously adopted except as otherwise provided in
this Charter
Approve expenditures in excess of $500,000 for (1) the acquisition, construction,
renovation, or improvement of public buildings or facilities, or (2) the purchase of
equipment ("Capital Project ')
Vice Chairman Kahn made a motion to amend Section 4 03 as follows (9) Approve expenditures
in excess of $500,000 for (1) the acquisitior, construction, renovation, or improvement of public
buildings or facilities, (2) purchase of land or (3) the purchase of equipment (` Capital Project') The
motion was seconded by Commissioner Lauredo and approved by a 5-0 roll call vote The vote was
as follows Commissioners Ames, Kelly, Lauredo Vice Chairman Kahn and Chairman Broucek
voting Yes
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John Festa, 695 Harbor Lane addressed the Commission
The Attorney addressed the Commission regarding this section
The Clerk brought to the attention of the Commission that the Community Center Committee had
a scheduled meeting on Monday, March 18, 2002 at 7 30 p m in the Council Chamber
It was the consensus of the Commission to schedule the next meeting of the Charter Revision
Commission on Monday, March 18, 2002 at 7 00 p m in the Council Chamber The discussion will
begin with Section 4 03
The meeting was adjourned at 11 10 p m
Re ectfully submitted
ea
hcta H Alvarez, CMC
Village Clerk
Approved by the Commission
this 18th day of March , 2002
'''' ( L//
Martha F Broucek
Chairman
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CHARTER REVIEW
COMMISSION WITH RESPECT TO ANY MATTER 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
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