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HomeMy Public PortalAbout03-21-02 Charter Commission Revision.tifMINUTES CHARTER REVISION COMMISSION VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, MARCH 21, 2002 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Chairman at 7 05 p m Present were Commission Members Stuart D Ames, Michael Kelly, Luis Lauredo (arrived at 7 10 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 Attorney Weiss gave an invocation Chairman Broucek led the Pledge of Allegiance Chairman Broucek addressed the Commission and the public regarding this process The Attorney also addressed the Commission regarding the proposed amendments Vice Chairman Kahn made a motion to appoint Commissioner Ames to represent the Commission in the final revision of the Charter together with the Attorneys The motion was seconded by Chairman Broucek and approved by a 5-0 voice vote The vote was as follows Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes 1 of 39 March 21 2002 The Charter below reflects amendments to Sections 4 10 and 5 02 approved at a general election on December 4, 2001 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 during the early months of 2002 to review the Village Charter. The members of the Charter Revision Commission were as follows. 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 L. Recio. As a result of those meetings, _ amendments were proposed to the electorate Of the _ amendments proposed, _ were approved by the electorate on Article I Corporate Existence, Form of Government, Boundary and Powers Sec 1 01 Corporate existence Sec 1 02 Form of government Sec 1 03 Corporate boundary/MAP Sec 1 04 Powers Sec 1 05 Construction Sec 1 06 Capitalization Article II Village Council, Mayor Sec 2 01 Village Council 2 of 39 March 21 2002 Sec 2 02 Mayor and Vice Mayor Sec 2 03 Election and term of office Sec 2 04 Qualifications Sec 2 05 Vacancies, forfeiture of office, filling of vacancies Sec 2 06 Recall Sec 2 07 No compensation, reimbursement for expenses Article III Administrative Sec 3 01 Village Manager Sec 3 02 Appointment, removal, compensation Sec 3 03 Powers and duties of the Village Manager Sec 3 04 Village Clerk Sec 3 05 Village Attorney Sec 3 06 Village code of administrative regulations Sec 3 07 Expenditure of Village funds Sec 3 08 Competitive bid requirement Sec 3 09 Removal of Council Appointees Article IV Legislative Sec 4 01 Council meeting procedure Sec 4 02 Prohibitions Sec 4 03 Action requiring an ordinance Sec 4 04 Emergency ordinances 3 of 39 March 21 2002 Sec 4 05 Annual budget adoption Sec 4 06 Fiscal year Sec 4 07 Appropnation amendments during the fiscal year Sec 4 08 Authentication, recording and disposition of ordinances, resolutions and charter amendments Sec 4 09 Tax levy Sec 4 10 Borrowing Sec 4 11 Revenue Shanng Sec 412 Village Boards Sec 4 13 Village Code, Ordinances and Resolutions Sec 4 14 Special Assessments Article V Elections Sec 5 01 Elections Sec 5 02 Initiative and referendum Sec 5 03 Form of ballots Article VI Charter Amendments Sec 6 01 Charter Amendments Sec 6 02 Procedure to amend Sec 6 03 Form of ballot Article VII General Provisions Sec 7 01 No casino gambling 4 of 39 March 21 2002 Sec 7 02 Severability Sec 7 03 Conflicts of interest, ethical standards Sec 7 04 Village personnel system, merit principle Sec 7 05 Grants and Charitable contributions Sec 7 06 Charter revision Sec 7 07 Variation of pronouns Article VIII Transition Provisions Sec 8 01 Temporary nature of Article Sec 8 04 Taxes and fees Sec 8.08 Transition provisions to facilitate change to two-year terms, five member Council, Seats. ARTICLE I CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS Section 1 01 Corporate existence A municipal corporation known as Village of Key Biscayne (the "Village") is hereby created pursuant to the Constitution of the State of Florida (the "State") and the Home Rule Charter of Metropolitan Dade County (the "County") The corporate existence of the Village shall commence upon the adoption of this Charter (the or this "Charter") (Res No 97-15, 4-1-97/6-10-97) Section 1 02 Form of government The Village shall have a "Council -Manager" form of government (Res No 97-15, 4-1-97/6-10-97) 5 of 39 March 21 2002 Section 1 03 Corporate boundary/MAP The corporate boundary of the Village shall be as follows BEGIN at the point of intersection of the West line of Crandon Boulevard with the South hne of Crandon Park, said point of intersection also being the Northeast corner of Tract 1 of SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, according to the plat thereof recorded in Plat Book 46 at Page 86 of the Public Records of Dade County, Flonda, thence run Westerly along said South line of Crandon Park, also being the North hne of said Tract 1 and its Westerly extension to a point in the waters of Biscayne Bay, said point being 1,200 feet Westerly of the most Northwesterly corner of Tract B of FOURTH ADDITION TO TROPICAL ISLE HOMES SUBDIVISION, according to the plat thereof recorded in Plat Book 53 at Page 39 of the Public Records of Dade County, Flonda, thence run Southwesterly, to a point in the waters of Biscayne Bay, said pomt being the point of intersection with the Southwesterly extension of the Southeasterly line of Lot 7 in Block 1 of MASHTA POINT SUBDIVISION, according to the plat thereof recorded in Plat Book 131 at Page 37 of the Public Records of Dade County, Flonda, s aid p oint o f i ntersection b eing 1,000 feet S outhwesterly o f t he m ost Southeasterly corner of said Lot 7, as measured along the Southwesterly extension of the Southeasterly line of said Lot 7, thence run Southeasterly to a point in the waters of Biscayne Bay, said point being the point of intersection of the Southwesterly extension of the Southeasterly line of Lot 17 of SMUGGLERS COVE, according to the plat thereof recorded in Plat Book 78 at Page 83 of the Public Records of Dade County, Flonda, with the Westerly extension of the South line of the Waterway shown on the plat of CANOGA PROPERTIES --KEY BISCAYNE, FLORIDA, according to the plat thereof recorded in Plat Book 65 at Page 88 of the Pubhc Records of Dade County, Flonda, thence run Easterly, along the South line of said Waterway and its Westerly and Easterly extensions to a point in the Atlantic Ocean, 500 feet Easterly of the Erosion Control Line as said Erosion Control Line is shown on the plat thereof recorded in Plat Book 74 at Page 26 of the Public Records of Dade County, Florida, thence run Northerly along a line 500 feet Easterly of and parallel to the said Erosion Control Line to the point of intersection with the Easterly extension of the said South hne of Crandon Park, thence run Westerly along the said South hne of Crandon Park and its Easterly extension to the Point of Beginning, AND BEGIN at the point of intersection of said South line of Crandon Park with the centerline of Crandon Boulevard, said centerline of Crandon Boulevard being the centerline of Tract 10 of said plat of SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, and its Northeasterly extension, thence run Westerly along the South Line of Crandon Park for a distance of 400 feet, thence run 6of39 March 21 2002 Northerly at nght angles to the South line of Crandon Park for a distance of 700 feet, thence run Easterly parallel with the South Line of Crandon Park for a distance of 750 feet more or less to said centerline of Crandon Boulevard, thence run Southwesterly along said centerline of Crandon Boulevard for a distance of 783 feet more or less to the South boundary of Crandon Park and to the POINT OF BEGINNING [INSERT MAPI (Res No 97-15, 4-1-97/6-10-97) Section 1 04 Powers The Village shall have all available governmental, corporate and proprietary powers Through the adoption of this Charter, it is the intent of the electors of the Village that the municipal government established herein have the broadest exercise of home rule powers permitted under the Constitution and laws of the State (Res No 97-15, 4-1-97/6-10-97) Section 1 05 Construction The powers of the Village shall be construed liberally in favor of the Village (Res No 97-15, 4-1-97/6-10-97) Section 1 06 Capitalization When a defined word is enclosed in quotes and in parentheses after the defimtion, that word shall be treated as a defined term in the remainder of this Charter, when capitalized Commissioner Ames suggested a clanfication note regarding singular and plurals (Res No 97-15, 4-1-97/6-10-97) ARTICLE II VILLAGE COUNCIL, MAYOR* *Editor's note —Pursuant to Ord No 92-18,' 1, adopted on August 11, 1992, and approved by the voters on November 3, 1992, the title of article II of the Charter has been changed from "Village Board of Trustees, Mayor" to "Village Council, Mayor " 7of39 March 21 2002 (Res No 97-15, 4-1-97/6-10-97) Code reference --Village Council, ' 2-21 et seq Commissioner Lauredo made a motion to accept the substitute version of Section 2 01 as follows Section 2 01 Village Council There shall be a Village Council (thc "Council") with all legislative powers of the Village vested therein, consisting of four (4) members ( ) and the Mayor References in this Charter to the "Council" or "members of the Council" shall include the four Council members and the Mayor. and references to "Council Members" shall include only the four members and exclude the Mayor The motion was seconded by Vice Chairman Kahn and approved by a 5-0 voice vote The vote was as follows Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes 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 authorized contracts, deeds and other documents, and. with the advice and consent of the 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 M ayor s hall a ppoint a 11 m embers o f V illage b oards, agencies, and committees ("Village Boards"). subject to and effective upon ratification by the Council 1.1 Appointment Procedure Prior 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 listed on the agenda for the next Council meeting at which time ratification will be considered. 8 of 39 March 21 2002 Waiver. The procedure for appointment described m paragraph (1) 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 During 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 m 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 (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 2 03 Election and term of office, Seats. 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 The 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 eight (8) consecutive years thl Seats Council Members shall serve in seats numbered 1-4 (collectively "Seats", individually each is a "Seat.") One Council Member shall be elected to each Seat. (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 2 04 Quahfications Candidates for Council Member or Mayor shall qualify for election by the fihng of a wntten notice of candidacy, specifying which Seat they seek, with the Clerk ofhc Villag., at such time and in such manner as may be prescnbed 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 and have been a registered voter in the Village for at least one (1) year preceding the date of such 9 of 39 March 21 2002 filing shall be eligible to hold the office of Council Member or Mayor If at the conclusion of the qualifying period no elector has filed or qualified for an open Seat, then the qualifying period for that open Seat shall be reopened for a period of five business days. (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 2 05 Vacancies, forfeiture of office, filling of vacancies (a) Vacancies The office of a Council Member or Mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture of his/her office (b) Forfeiture of office (I) Forfeiture by disqualification A Council Member shall forfeit his/her office if at any time dunng his/her term s/he ceases to maintain his/her permanent residence in the Village or otherwise ceases, without good cause, to be a qualified elector of the Village (n) Forfeiture by absence A Council Member shall be subject to forfeiture of his/her office, m the discretion of the remaining Council Members, if s/he is absent without good cause from any three (3) regular monthly meetings of the Council (collectively "Regular Meetings", individually each is a "Regular Meeting") dunng any calendar year, or if s/he is absent without good cause from any three (3), consecutive Regular Meetings of the Council, whether or not dunng the same calendar year (iii) Procedures The Council shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture of a Council Member's office, including whether or not good cause for absence has been or may be established The burden of establishing good cause shall be on the Council Member in question, provided, however, that any Council Member may at any time during any duly held meeting move to establish good cause for the absence of him/herself or any other Council Member, from any past, present or future meeting(s), which motion, if carried, shall be conclusive A Council Member whose qualifications are in question or who is otherwise subject to forfeiture of his/her office shall not vote on any such matters The Council Member in question shall be entitled to a public heanng(s) on request If a public hearing is requested, notice thereof shall be published in one (1) or more newspapers of general circulation in the Village at least one (1) week in advance of the hearing Any final determination by the Council that a Council Member has forfeited his/her office shall be made by resolution All votes and other acts of the Council Member in question pnor to the effective date of such resolution 10of39 March 21 2002 shall be valid regardless of the grounds of forfeiture (c) Filling of vacancies A vacancy on the Council or in the office of Mayor shall be filled as follows (1) If the vacancy occurs on the Council and less than six (6) months remain in the unexpired term, the vacancy shall be filled by the Council If the vacancy occurs in the office of Mayor and less than six (6) months remain in the unexpired term, the vacancy shall be filled by vote of the Council from among its members (u) If one (1) year or more remains in the unexpired term, the vacancy shall be filled by a special election to be held not sooner than thirty (30) days or more than ninety (90) days following the occurrence of the vacancy (m) If six (6) months or more but less than one (1) year remain, the vacancy shall be filled by the Council as provided for in paragraph (I) of this subsection (c) unless there is a Village, County, State or a national election scheduled to take place on any date(s) within such penod, in which case the vacancy shall be filled by special election on the first such election date (iv) If there is no qualified candidate for any vacancy in any election, the Council shall appoint a person qualified under this Article for the vacancy (v) Notwithstanding any quorum requirements established herein, if at any time the full membership of the Council is reduced to less than a quorum, the remaining members may, by majority vote, appoint additional members to the extent otherwise permitted or required under this subsection (c) (vi) In the event that all the members of the Council are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor shall appoint interim Council Members who shall call a special election within not less than thirty (30) days or more than sixty (60) days after such appointment and such election shall be held in the same manner as the first elections under this Charter, provided, however, that if there are less than six (6) months remaining in the unexpired terms, the intenm Council appointed by the Governor shall serve out the unexpired terms Appointees must meet all requirements for candidates provided for in the last sentence of Section 2 04 (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) 11 of 39 March 21 2002 Section 2 06 Recall The electors of the Village shall have the power to recall and to remove from office any Council Member to the extent permitted by the Constitution and laws of the State The mmimum number of electors of the Village which shall be required to initiate a recall petition shall be ten percent (10%) of the total number of electors of the Village as of the preceding Village election (Res No 97-15, 4-1-97/6-10-97) Section 2 07 was redrafted as follows Section 2 07 No compensation, reimbursement for expenses Elected Officials shall serve without compensation but shall receive reimbursement for authorized expenses incurred in the performance of their official duties in accordance with applicable law, or as may be otherwise provided by ordinanc , (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) ARTICLE III ADMINISTRATIVE* *Code reference --Administration, ch 2 Section 3 01 Village Manager There shall be a Village Manager (the "Manager") who shall be the chief administrative officer of the Village The Manager shall be responsible to the Council for the administration of all Village affairs (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 3 02 Appointment, removal, compensation The Council shall appoint the Manager for an indefinite term The Council may remove the Manager as provided in Section 3 09 The compensation of the Manager shall be fixed by the Council 12 of 39 March 21 2002 (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 3 03 was redrafted as follows Section 3 03 Powers and duties of the rage Manager The Manager shall (1) Be responsible for the appointment, supervision and removal of all Village employees, (2) Direct and supervise the administration of all departments and offices but not Village boards -or agencies Boards, unless so directed by the Council from time to time, (3) Attend all Council meetings except when excused by the Council and shall participate in discussion but not have the right to vote, (4) See that all laws, provisions of this Charter and acts of the Council, subject to enforcement and/or administration by him/her or by officers employees subject to his/her direction and supervision ("Employees"), are faithfully executed, (5) Prepare the Council's a proposed annual budget and capital program, with due input from the Council, (6) Submit to the Council and make available to the public an annual report on the finances and administrative activities of the Village as of the end of each fiscal year, (7) Prepare such other reports as the Council may require concerning the operations of Village Boards, departments; offices, , (8) Keep the Council fully advised as to the financial condition and future needs of the Village and make such recommendations to the Council concerning the affairs of the Village as s/he deems to be in the best interests of the Village, (9) Execute contracts, deeds and other documents on behalf of the Village as authonzed by the Council, and (10) Perform such other duties as are specified in this Charter or as may be required by the Council (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) 13 of 39 March 21 2002 Section 3 04 Village Clerk The Council shall appoint a Village Clerk (the "Clerk" or "Village"Clerk") for an indefinite term The compensation of the Clerk shall be fixed by the Council The Clerk shall give notice of Council meetings to its members and the public, shall keep minutes of its proceedings which shall be a public record and shall perform such other duties as the Council may prescnbe from time to time The Clerk shall report to the Council and may be removed by the Council as provided in Section 3 09 (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 3 05 Village Attorney The Council may from time to time appoint an individual attorney or a law firm to act as the Village Attorney (the "Village Attorney") under such terms and conditions as are consistent with this Charter and as may be established by the Council The Village Attorney shall report to the Council and may be removed by the Council at any time (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 3 06 Village code of administrative regulations The manager Manager shall maintain a Village code of administrative regulations The council Council shall, by ordinance, establish appropnate procedures for reasonable notice and public comment on proposed administrative regulations pnor to taking final action on the same (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 3 07 was redrafted as follows Section 3 07 Expenditure of Village funds Generally No funds of the Village shall be expended except pursuant to duly approved appropriations Uzi Communications Expenditures. 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 ("Communication Expenditure") to inform the public of its position with respect to a particular ballot question ("Majority Position") via mailings, advertising, web pages or the like (each a "Communication"), that Communication shall also inform the public of any 14of39 March 21, 2002 minority position(s) of the Council ("Minority Position"). The Elected Officials voting for Minority Position(s) may form a committee for each Minority Position, comprised solely of those Elected Officials who hold that Minority Position ("Minority Position Committee"). The content of the Communication relating to each Mmority Position("Minority Position Communication"), if any, shall be determined by the Minority Position Committee representing that Minority Position. The resolution authorizmg the Communication Expenditure shall specify the type of Communication and the date the Minority Position Communication 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 characteristics, except that, in the event that one or more Minority Position Committee(s) elects not to include a Minority Position Communication. the Communication shall contain the Majority Position, other Minority Position Communication(s), if any. and a statement that one or more Minority Position Committee(s) did not elect to include a Minority Position in the Communication. The Minority Position Committee(s) created by operation of this Section shall sunset upon the date the Communication is effected. Capital Projects. The Council may authorize expenditures for. (0 the acquisition, construction, renovation, or improvement of public buildings or facilities, (u) purchase of land, or (uu) the purchase of equipment. Each of the categories I, u and iii. irrespective of cost, is a "Capital Project". A resolution or ordinance, as required, approving a Capital Project shall contain at the minimum a description and the projected cost of the Capital Project and be specifically labeled "Capital Project Authorizing Resolution or Ordinance" ("Capital Project Legislation"). (Res No 97-15, 4-1-97/6-10-97) Conchita Suarez, 201 Crandon Boulevard and Ed Meyer, 100 Sunrise Dnve addressed the Commission Section 3 08 Competitive bid requirement Except as otherwise provided by law or ordinance, contracts for public improvements and purchases of supplies, matenals or services shall be awarded or made on the basis of specifications and competitive bids, except in cases where the Council determines that it is impracticable to do so (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) 15 of 39 March 21 2002 Section 3 09 Removal of Council Appointees The 3vVrllagc Manager and the Village Clerk (each, rs a "Council Appointee") may be suspended with pay pending removal by a resolution which shall set forth the reasons for suspension and proposed removal A copy of such resolution shall be served immediately upon the affected Council Appointee The affected Council Appointee shall have fifteen (15) days m which to reply thereto in wnting, and upon request, shall be afforded a public hearing before the Council, which shall occur not earlier than ten (10) days nor later than 15 days after such hearing is requested, and after full consideration, the Village Council may adopt a final resolution of removal The affected Council Appointee shall continue to receive full compensation until the effective date of a final resolution of removal (Res No 97-15, 4-1-97/6-10-97) ARTICLE IV LEGISLATIVE Section 4 01 Council meeting procedure (a) Meetings The Council shall hold at least eleven (11) regular monthir meetmgs Regular Meetings in each calendar year, at such times and places as the Council may prescribe by rul Special meetings may be held on the call of the Mayor or by four three (3) Council Members and upon no less than twenty-four (24) hours' notice to each member Council Member and the public, or such shorter time as a majority of the Council shall deem necessary in case of an emergency affecting life, health, property or the public peace (b) Rules and minutes The Council shall determine its own rules of procedure and order of business and shall keep minutes open for public inspection (c) Quorum and voting Any three (3) Council Members shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent members in a mariner and subject to the penalties prescribed by the rules of the Council Voting on ordinances and resolutions shall be by roll call on final action and shall be recorded in the minutes Except as otherwise specially provided in this Charter, no action of the Council shall be valid or binding unless adopted by the affirmative votes of at least four (4) three (3) Council Members In the event that four -(4) three (3) or more members of the Council are ineligible to vote on a particular matter due to required abstention pursuant to Flonda law, then the remaining members of the Council may vote and approve such matter by unanimous vote 16of39 March 21, 2002 (d) Meeting time lzmzts No meeting of the Council shall extend later than 11 00 p m except upon the affirmative vote of five (5) four (4) Council Members, or if less than five (5) four, (4) Council Members are present, upon the unanimous vote of all Council Members present at the meeting (Ord No 92-17, ' 1, 8-11-92/11-3-92, Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1- 97/6-10-97) Section 4 02 Prohibitions (a) Appointment[s] and removals Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any Village employees whom the Manager or any of his/her subordinates is empowered to appoint (collectively "Employees", individually each is an "Employee"), but the Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such Employees (b) Interference with administration Except for the purpose of inquires and investigations made in good faith, the Council or its members shall deal with Employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or Employee, either publicly or pnvately It is the express intent of this Charter that recommendations for improvement in Village government operations by individual Council M embers b e m ade s olely t o a nd t hrough t he M anager N o individual C ouncil Member shall give orders to the Manager (c) Holding other office No Council Member shall hold any appointive Village office or employment while in office No former Council Member shall hold any compensated appointive Village office or employment until one (1) year after the expiration of his/her term (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) 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 authorized by ordinance, those acts of the Village Council shall be by ordinance which 17of39 March 21 2002 (1) Adopt or amend an admimstrative regulation or establish, alter or abolish any Village office, department, board or agency, (2) Establish a rule or regulation the violation of which cames a penalty, (3) Levy taxes or appropriate funds, (4) Grant, renew or extend a franchise, (5) Set service or user charges for municipal services or grant admimstrative authority to set such charges, (6) Authorize the borrowing of money, (7) Convey or lease or authorize 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,sa a9 Approve a Capital Project in excess of $500.000. When an ordinance authorizing a Capital Project in excess of $500.000 has been approved upon first reading, notice of the date and time of the second reading shall be provided ("Second Reading Notice"). The Second Reading Notice shall include a brief description of the Capital Project and its cost and shall be published in addition to and contemporaneously with notices regularly published for second readings. Each Village elector shall be sent a Second Reading Notice by postcard. Action taken by the Council on a Capital Project shall not be voided by the failure of an individual Village elector to receive a Second Reading Notice postcard. - (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 4 04 Emergency ordinances (a) Authorization form To meet a public emergency affecting life, health, property or the public peace, the Council may adopt, in the manner provided in this Section, one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend any municipal franchise, set service or user charges for any municipal services, or authonze the borrowing of money except as provided under the emergency appropriations provisions of this Charter if applicable An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated in a 18of39 March 21 2002 preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and descnbing it in clear and specific terms (b) Procedure An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced After its adoption, the ordinance shall be published and pnnted as prescnbed for other ordinances (c) Effective date Emergency ordinances shall become effective upon adoption or at such other date as may be specified in the ordinance (d) Repeal Every emergency ordinance except emergency appropnation ordinances shall automatically be repealed as of the sixty-first (61st) day following its effective date, but this shall not prevent re-enactment of the ordinance under regular procedures, or if the emergency still exists, in the manner specified in this Section An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances (e) Emergency appropriations The Council may make emergency appropnations m the manner provided in this Section To the extent that there are no available unappropnated revenues to meet such appropnations, the Council may by such emergency ordinance (without regard to Section 4 10) authonze the issuance of emergency notes, which may be renewed from time to time, but the emergency notes, including renewals thereof, shall be payable not later than the last day o f t he fiscal y ear n ext s ucceedmg t he fiscal y ear in w hich t he e mergency appropnation ordinance was originally adopted (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 4 05 Annual budget adoption (a) Balanced budget Each annual budget adopted by the Council shall be a balanced budget (b) Budget adoption The Council shall by ordinance adopt the annual budget on or before the last day of September of each year If it fails to adopt the annual budget by this date, the Council may by resolution direct that the amounts appropnated for current operations for the then ending fiscal year be deemed appropnate for the ensuing fiscal year for a penod of fifteen (15) days and may be renewed by resolution each fifteen (15) days, with all items in it prorated accordingly, until such time as the Council adopts an annual budget for the ensuing fiscal year An ordinance adopting an annual budget shall constitute appropnations of the amounts specified therein 19 of 39 March 21 2002 (c) Specific appropriation The budget shall be specific as to the nature of each category of appropnations therein Reasonable appropnations may be made for contingencies, but only within defined spending categories The Village. Manager may at any time, transfer any unencumbered appropriation balance or portion thereof between classifications of expenditures within an office or department (d) Deferred compensation, pensions Contributions to pension and other deferred compensation plans or arrangements for Employees may be made under such terms and conditions as the Council may establish from time to time in accordance with sound actuarial pnnciples (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 4 06 Fiscal year The fiscal year of the Village government shall begin on the first (1st) day of October and shall end on the last day of September of the following calendar year Such fiscal year shall also constitute the annual budget and accounting year (Res No 97-15, 4-1-97/6-10-97) Section 4 07 Appropriation amendments during the fiscal year (a) Supplemental appropriations If, during any fiscal year, revenues in excess of those estimated in the annual budget are available for appropnation, the Council may by ordinance make supplemental appropnations for the fiscal year up to the amount of such excess (b) Reduction of appropriations If, at any time during the fiscal year, it appears probable to the Manager that the revenues available will be insufficient to meet the amounts appropriated, s/he shall report to the Council without delay, indicating the estimated amount of the deficit, and his/her recommendations as to the remedial action to be taken The Council shall then take such action as it deems appropnate to prevent any deficit spending not covered by adequate reserves (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 4 08 Authentication, recording and disposition of ordinances, resolutions and charter amendments (a) Authentication The Mayor or the Clerk shall authenticate by his/her signature all ordinances and resolutions adopted by the Council In addition, when charter amendments have been 20of39 March 21, 2002 approved by the electors, the Mayor and the Clerk shall authenticate by their signatures the charter amendment, such authentication to reflect the approval of the charter amendment by the electorate (b) Recording The Clerk shall keep properly indexed books in which shall be recorded, in full, all ordinances and resolutions passed by the Council Ordinances shall, at the direction of the Council, be penodically codified The Clerk shall also maintain the Village Charter m current form and shall enter all charter amendments (c) Printing The Council shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this Charter available to the people of the Village for public inspection and available for purchase at a reasonable pnce (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 4 09 Tax levy The Village shall have the right to levy, assess and collect all such taxes as are permitted by law, including without limitation ad valorem, excise, franchise or privilege taxes and taxes on services and utilities (Res No 97-15, 4-1-97/6-10-97) Section 410 Borrowing (a) Debt Approval The Village shall incur no Debt unless the incurrence of such Debt is approved by at least fivc (5) four (4) Council Members (b) Limits The total Debt of the Village, including amounts authonzed but still not drawn down under existing loan agreements and other contractual arrangements with banks and other financial institutions, underwnters, brokers and/or intermediaries, shall not exceed the greater of I one percent (1%) of the total assessed value of all property within the Village, as certified by the Miami -Dade County Property Appraiser for the current fiscal year, or 11 that amount which would cause annual Debt Service to equal fifteen percent (15%) of General Fund expenditures for the previous fiscal year 21 of 39 March 21 2002 (c) "Definitions As used in this Section 4 10 the following terms shall have the meanings ascnbed to them in this subsection "Debt" means any obligation of the Village to repay borrowed money however evidenced since the date of its incorporation regardless of tenor or term for which it was ongmally contracted or subsequently converted through refinancing or novation, except (A) any obligation required to be repaid in less than a year and which was incurred solely for emergency relief of natural disasters, or (B) that portion of any obligation for operations which are financed and operated in an independent, self-liquidating manner and recovered entirely through currently collected user fees and charges ii "Debt Service" shall include, without limitation thereto, scheduled interest payments, repayments of principal and all financial fees arising from Debt or from the underlying contractual obligations, whether as onginally incurred or subsequently deferred or otherwise renegotiated 111 "General Fund" shall mean any and all revenues of the Village, from whatever source denved, e xcept t hose r evenues d enved from s pecial a ssessments, u ser fees a nd charges and designated as a separate fund to finance goods and services to the public (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97)[Note Ord /Res Nos need to be added] Section 411 Revenue Sharing No funds of the Village shall be paid to the County or other governmental entity pursuant to a revenue distnbution or "revenue sharing" program (Res No 97-15, 4-1-97/6-10-97) Section 4 12 Village Boards The Council shall establish or terminate such Village Boards as it may deem advisable from time to time Village Boards shall report to the Council (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) 22 of 39 March 21 2002 Section 413 Village Code, Ordinances and Resolutions Except as otherwise modified or replaced by this Charter or by the %Rage Council, all codes, ordinances and resolutions of the Village and of Metropoirtan Miami -Dade County, as applicable to the Village, which County and Village Codes, ordinances and resolutions are in effect as of April May 1, 1997 2002, shall remain in force and effect as municipal codes, ordinances and resolutions of the Village (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 414 Special Assessments Properties may be specially assessed according to lawn however, no properties shall be specially assessed by the Village, unless (a) A majonty of the owners of the properties to be specially assessed petition the Village for a special assessment, or (b) An election of the property owners to be specially assessed is held to approve the special assessment and a majonty of the property owners voting, one (1) vote per property, on a proposed special assessments vote in its favor (Res No 2000-11, ' 4, 3-14-00/5-16-00) ARTICLE V ELECTIONS Section 5 01 was redrafted as follows Section 5 01 Elections (a) Electors Any person who is a resident of the Village, has qualified as an elector of the State and registers to vote in the manner prescribed by law shall be an elector of the Village (b) Nonpartisan elections All elections for the offices of eounedmember Council Member and Mayor shall be conducted on a nonpartisan basis (c) Election rlutea primary election shall be held in each aien-nu,nbe��d year on the day of date. An election shall be held in November of each even -numbered year, on the same day U S congressional elections are held, or if none are is held in any year, on the first Tuesday following the first Monday of 23 of 39 March 21 2002 saitl-montlr and November of that year (d) a,na,y e ion Election The ballot for the pnmary election shall contain the names of all qualified candidates for Mayor and for each of the four (4) Council Seats, and shall instruct electors to cast one (1) vote for Mayor and one (1) vote for each Seat no If any candidate for Mayor receives greater than fifty percent (50%) of the total ballots cast for Mayor, such candidate shall be , duly elected Mayor. If any candidate for a Seat receives greater than fifty percent (50%) of the totaFnumberof ballots cast for that Seat, such candidate(s) shall be duly elected to that Seat. If no candidate receives greater than fifty percent (50%) of the ballots cast for Mayor. e) the two (2) candidates for Mayor who received th 1 VVV1 V L11V 111V►71 • J #i aaa .&w 1JL LL ... J vavv�avaa, r ' ..»..» .•�.+� ��J — �'----- 1- --------- - - -- - , CralllillLaLG►7 1V1 VVLL11V11 Lvvvlr1116 L1W ILLJJa ♦vwv, av►aYvv�a.v.J, .,.�.+.. greatest number of ballots cast shall be included in a runoff election. If no candidate for a Seat receives greater than fifty (50%) of the ballots cast for that Seat, the two (2) candidates who received the greatest number of ballots cast for that Seat shall be included in a runoff election for that Seat. je Special elections Special elections, when required, shall be scheduled by the Council at such times and in such manner as shall be consistent with this Charter (-OW Runoff election If apply a runoff election is necessary. it shall be held two (2) weeks after the election held pursuant to subsection (c) of this Section The candidate receiving the greatest number 24of39 March 21 2002 of ballots cast in the runoff election for Mayor shall be duly elected Mayor. The candidate receiving the greatest number of ballots cast for each Seat shall be duly elected to that Seat. If a tie vote occurs in the regular runoff election between two (2) or more candidates for either the office of Mayor or a Seat, the tie shall be decided by lot under the direction of the Village Clcrk Clerk. (ham ogle ca. E au=l p to -be fille be 1rsted-an-the-prtmary-ar -regular Village election ballot Single candidates. No election for Mayor or for any Seat shall be required in any election if there is only one duly qualified candidate for Mayor or for that Seat. The duly qualified candidate shall be deemed elected. ()-(r)) Absentee votes Absentee voting will be permitted as provided by the laws of the State and under such conditions as may be prescribed by ordinance from time to time, provided, however, that no ordinance shall limit the right to vote by absentee ballot available under State law i Commencement of terms The term of office of any elected official will commence seven (7) days following the day of the regular, runoff, or special election at which s/he is elected (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 5 02 was redrafted as follows Section 5 02 Initiative and referendum (a) Power to initiate and reconsider ordinances (1) Initiative The electors of the Village shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a Village election, provided that such power shall not extend to the annual budget or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees The initiative power shall not be available to propose an ordinance which delays. prevents, changes the nature of, or otherwise affects the execution of a Capital Project unless proceedings with respect to the initiative are commenced within thirty (30) days after the date of adoption of the ordinance or resolution approving the Capital Project 25 of 39 March 21 2002 (ii) Referendum (A) The electors of the Village shall have power to require reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Village election, provided that such power shall not extend to the annual budget or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees The referendum power described in ihn paragraph shall not be available to require reconsideration of an ordinance authonzing a Capital Project or the issuance of debt unless proceedings with respect to the referendum are commenced within thirty (30) days after the date of adoption of the ordinance (B) Notwithstanding anything in paragraph (u)(A) of this subsection (a) to the contrary, the referendum power shall extend to any ordinance levying ad valorem taxes, provided that (1) the ordinance increases the millage rate above five (5) mills, (2) proceedings with respect to the referendum are commenced within twenty (20) days after the date of adoption of the ordinance, and (3) all petitions with respect to the referendum are filed within thirty (30) days after the date of adoption of the ordinance (b) Commencement of proceedings A minimum of ten (10) electors may commence initiative or referendum p roceedings b y filing w ith t he C lerk o r o ther o fficial d esignated b y t he Council an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form ("Petitioners' Committee"), stating their names and addresses and specifying the address to which all notices to the committee Petitioners' Committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered In addition, the Petitioner') Committee shall submit the petition form to be used, a summary description of the proposed initiative ordinance or the ordinance sought to be reconsidered, and an unexecuted affidavit of circulator, prepared pursuant to paragraph (}ii) of subsection isl Promptly after the affidavit of the Petitioners' Committee, the form of petition. the summary description, and the unexecuted affidavit of circulator (collectively "Documentation") are filed, the Clerk or other official designated by the Council , review -shall submit the Documentation to the Village Attorney for review, at the Village's e xpense, as to legal sufficiency by and legality of subject matter If the Documentation is determined to be legally sufficient and of lawful subject matter, the Village Attorney andlor shall, within ten business days of the Village Attorney's receipt of the Documentation, so advise the Clerk ("Legal Sufficiency Notice") who shall issue 26 of 39 March 21 2002 the appropnate petition blanks to the Petitioners' Committee. pcnse- Camille Guething, 260 Seaview Dnve and Councilmember Scott Bass addressed the Commission Commissioner Lauredo made a motion to change the number of electors required to commence initiative or referendum proceedings to forty (40) electors The motion was seconded by Commissioner Ames and approved by a 4-1 voice vote The vote was as follows Commissioners Ames, Lauredo, Vice Chairman Kahn and Chairman Lauredo voting Yes Commissioner Kelly voting No %1 Determination of legal insufficiency. If the Documentation is determined to be legally insufficient the Village Attorney shall, shall withm ten business days of the Village Attorney's receipt of the Documentation, propose revisions that respect the spirit and intent of the proposed initiative or referendum ("Proposed Revisions"), which the Clerk shall transmit to the Petitioners' Committee. I f t he P etitioners' Committee a ccepts t he P roposed R evisions within ten business days of its receipt of the Proposed Revisions, the Proposed Revisions shall be incorporated into the Documentation, and the Documentation thus amended; shall replace the initially proposed Documentation. The Clerk shall then issue the appropriate petition blanks to the Petitioners' Committee. If the Petitioners' Committee does not accept the corrections within the ten - business -day period, the Petitioners' Committee may redraft the Documentation, re -commence the proceedings, and file all Documentation with the Clerk in accordance with subsection (b) of this Section. Lul Determination of'unlawful suhject matter. In the event the subject matter of the petition is determined to be unlawful, the Village Attorney shall, within ten business days of receipt of the Documentation, issue an opinion addressed to the Petitioners' Committee setting forth the reasons for such determination ("Notice of Subject Matter Deficiency"). A Notice of Subject Matter Deficiency may be appealed to the Council within thirty days of the date rendered. Commissioner Kelly made a motion to amend Section 5 02 (b)(n) by deleting the last sentence The motion was seconded by Commissioner Ames and approved by a 4-1 voice vote The vote was as follows Commissioners Ames, Kelly, Lauredo and Chairman Broucek voting Yes Vice Chairman Kahn voting No Councilmember Scott Bass and Camille Guething, 260 Seaview Dnve addressed the Commission 27of39 March 21 2002 (c) Petitions (i) Number of signatures Initiative and referendum petitions must be signed by electors of the Village equal in number to at least ten percent (10%) of the total number of electors registered to vote at the last regular Village election Conchita Suarez, 201 Crandon Boulevard, Councilmembers Scott Bass and James L Peters addressed the Commission Commissioner Ames made a motion to increase the percentage of the required number of signatures required for initiative and referendum to fifteen (15%) The motion was seconded by Commissioner Lauredo and approved by a 5-0 voice vote The vote was as follows Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek (u) Form and content All papers of a petition shall be assembled as one instrument of filing Each signature shall be executed in ink and shall be followed by the pnnted name and address of the person signing Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered, as well as a summary description of such ordinance The petition shall be legally sufficient (m) Affidavit of circulator Each -paper of-a-petttion-shalfhave-attaehed-to-tt-when-fried Upon filing of the petition, each page of the petition that contains one or more signatures shall have an affidavit executed by the circulator thereof statmg attached to it. The affidavit shall state the name of the circulator, that s/he personally circulated the paper page, the number of signatures thereon on the page, that all the signatures were affixed in his/her presence, that s/he believes them to be the genuine signatures of the persons whose names they purport to be, and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered (iv) Filing deadline Except as otherwise provided in paragraph (ii)(B) of subsection (a) of this Section, all initiative and referendum petitions must be filed within sixty (60) days of the date the Clerk issues the appropriate petition blanks to the Petitioners' Committee. (d) Procedure for filing (i) Certificate of Clerk amendment Within twenty (20) days after an initiative petition is filed or within five (5) days after a referendum petition is filed, the Clerk or other 28 of 39 March 21 2002 official designated by the Council shall complete a certificate of sufficiency ("Certificate"), specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the Certificate to the Petitioners' Committee by certified mail, return receipt requested(thc-ileertificate") Grounds for insufficiency are only those specified in subsection (c) of this Section A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitionersLcominMee Petitioners' Committee files a notice of intention to amend it with the Clerk or other official designated by the Council within two (2) business days after receiving the copy of the Certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such Certificate Such supplementary petition shall comply with the requirements of paragraphs (I) and (n). and (in) of subsection (c) of this Section, and within five (5) days after it is filed the Clerk or other official designated by the Council shall complete a Certificate as to the +egad sufficiency of the petition as amended and promptly send a copy of such Certificate to the Petitioners' Committee by certified mail, return receipt requested, as in the case of an onginal petition If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the Petitioners' Committee does not elect to amend or request Council review under paragraph (ii) of this subsection (d) within the time required, the Clerk or other official designated by the Council shall promptly present his/her Certificate to the Council and such Certificate shall then be a final determination as to the sufficiency of the petition (ii) Council review If a petition has been certified insufficient and the cbrmrtrttce Petitioners' Committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee Petitioners' Committee may, within two (2) business days after receiving the copy of such Certificate, file a request that it be reviewed by the Council The Council shall review the Certificate at its next meeting following the filing of such request and approve or disapprove it, and the Council's determination shall then be a final determination as to the sufficiency of the petition (e) Action on petitions (i) Action by Council When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance by voting its repeal, all in the manner provided in Article IV The repeal of an ordinance relating to the levy of ad valorem taxes shall be by resolution If the Council fails to adopt a proposed initiative ordinance without any change in substance within forty-five (45) days or fails to 29 of 39 March 21, 2002 repeal the referred ordinance within thirty (30) days (or, in the case of a referendum authonzed pursuant to paragraph (ii)(B) of subsection (a) of this Section, within five (5) days after the date on which the petition is determined to be sufficient), it shall submit the p roposed o r r eferred o rdinance t o t he e lectors o f t he V illage I f t he Council fails to act on a proposed initiative ordinance or a referred ordinance within the time penod contained in paragraph (I) of subsection (e) of this Section, the Council shall be deemed to have failed to adopt the proposed initiative ordinance or failed to repeal the referred ordinance on the last day that the Council was authonzed to act on such matter (ii) Submission to electors The vote of the Village on a proposed or referred ordinance shall be held not less than thirty (30) or more than sixty -(60) one hundred twenty (120) days from the date the Council acted or was deemed to have acted pursuant to paragraph (I) o f s ubsection (e) o f t his S ection t hat t he p etition w as d etermined sufficient If no regular election is to be held within the penod descnbed in this paragraph, the Council shall provide for a special election, except that the Council may, in its discretion, provide for a special election at an earlier date within the described period Copies of the proposed or referred ordinance shall be made available at the polls (ni) Withdrawal of petitions An initiative or referendum petition may be withdrawn at any time pnor to the fifteenth (15th) day preceding the day scheduled for a vote of the Village by filing with the Clerk or other official designated by the Council a request for withdrawal signed by at least eight -tenths (8/10) of the members of the Petitioners' Committee Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated (f) Results of election (1) Initiative If a majonty of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict (n) Referendum If a majonty of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results (Ord No 92-18, ' 1, 8-11-92/11-3-92, Ord No 97-11, ' 1, 4-8-97/6-10-97, Res No 97-15, 4-1-97/6- 10-97) [Note Ord /Res Nos need to be added] 30 of 39 March 21, 2002 Section 5 03 Form of ballots A charter amendment, ordinance or other ballot issue to be voted on by the electors shall be presented for voting by ballot title The ballot title of a measure may differ from its legal title and shall be a clear, concise statement descnbing the substance of the measure without argument or prejudice Below the ballot title shall appear the following question "Shall the above described [amendment/ordinance/proposal] be adopted7" Immediately below such question shall appear, in the following order, the word "YES" and also the word "NO " (Res No 97-15, 4-1-97/6-10-97) ARTICLE VI CHARTER AMENDMENTS Section 6 01 Charter Amendments This Charter may be amended in accordance with the provisions of this Article (Res No 97-15, 4-1-97/6-10-97) Section 6 02 Procedure to amend (a) Initiation This Charter may be amended in two (2) ways (1) By ordinance The Council may, by ordinance, propose amendments to this Charter and upon passage of the initiating ordinance shall submit the proposed amendment to a vote of the electors at the next general election held within the Village or at a special election called for such purpose (11) By petition The electors of the Village may propose amendments to this Charter by petition Each petition proposing amendments to this Charter shall be commenced, in the form, filed, certified as to its sufficiency and/or withdrawn in the same manner as an ordinance proposed by initiative pursuant to Section 5 02 Section 6 02 (b) was redrafted as follows (b) Submission to electors Upon certification of the sufficiency of a petition, the Council shall submit the proposed amendment to a vote of the electors at the next general election if such election is scheduled to be held not less than sixty (60) days or more than one hundred twenty (120) days from the date on which the petition was certified or at a special election called for such purpose A special election, if necessary, shall be held not less than sixty (60) days or more than ninety (90) days from the date on which the petition 31 of 39 March 21, 2002 was certified (c) Results of election If a majority of the qualified electors voting on a proposed amendment vote for its adoption, it shall be considered adopted upon certification of the election results If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 6 03 Form of ballot Any charter amendment ballot issue to be voted on by the electors shall be presented on the ballot in the form required by Section 5 03 (Res No 97-15, 4-1-97/6-10-97) ARTICLE VII GENERAL PROVISIONS* *Code reference --General provisions, ch 1 Section 7 01 No casino gambling There shall be no casino gambling within the Village, provided, however, that nothing herein shall prevent religious, educational or chantable organizations from holding occasional events which feature games of chance which are not otherwise prohibited by State or County law (Res No 97-15, 4-1-97/6-10-97) Section 7 02 Severability If any section or part of section of this Charter shall be held invalid by a court of competent junsdiction, such holding shall not affect the remainder of this Charter or the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply (Res No 97-15, 4-1-97/6-10-97) Code reference--Severability of Code, ' 1-13 32 of 39 March 21, 2002 Section 7 03 Conflicts of interest, ethical standards All Council Members, officials and employees of the Village shall be subject to the standards of conduct for public officers and employees set by law In addition, the Council may, by ordinance, establish a code of ethics for Council Members, officials and employees of the Village Without in any way limiting the generality of the foregoing, no member of the Council shall have a financial interest, direct or indirect, or by reason of ownership of stock or other equity ownership in any corporation or entity, in any contract or in the sale to the Village or to a contractor supplying the Village of any land or nghts or interests in any land, matenal, supplies, or services unless, after full disclosure to the Council of the nature and extent of such interest, the same is authorized by the Council before the event or accepted and ratified by the Council after the event No member of the Council who possesses such a financial interest shall vote on, or participate m the Council deliberations concenung, any such contract or sale if such interest is more than a de muumis interest Any violation of this Section with the knowledge of the person or entity contracting with the Village shall render the contract voidable by the Council (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Code reference --Village Council, ' 2-21 et seq Section 7 04 Village personnel system, merit principle All new employments, appointments and promotions of Employees shall be made pursuant to personnel procedures to be established by the Manager from time to time Such personnel procedures shall be based on pnnciples of meat and fitness (Res No 97-15, 4-1-97/6-10-97) Section 7 05 Grants and charitable contributions The Village shall not make any grants or chantable contribution to any person or entity, except such grants or contributions as have been approved by all scven (7) four (4) Council Members (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 7 06 was redrafted as follows 33 of 39 March 21 2002 Section 7 06 Charter revision At its first regular meeting in December of every fifth (5th) year after the adoption of this Charter, commencing with December 1996, the Council shall appomt a Charter revision commission (the "Charter Revision Commission") consisting of five (5) persons, one (1) of whom shall be a member of the Council and four (4) of whom shall be electors of the Village In the event that the appointed Council Member is unable or unwilling to serve on the Charter Revision Commission, the Council shall appoint 1) Count+ Member an elector of the Village in his place The Mayor shall not be eligible for appointment to the Charter Revision Commission The Charter Revision Commission shall commence its proceedings within forty-five (45) days after appointment by the Council If the Charter Revision Commission determines that a revision is needed, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Council not later than Apnl 1 of the year following appointment The report of the Charter Revision Commission may grant to the Council the option of placing the proposed amendments on the ballot for the next scheduled election Otherwise, the Council shall, not less than thirty (30) sixty (60) days or more than ninety (90) days after submission of the proposed amendments to the Council, submit them to the electors of the Village in accordance with the provisions of Section 6 02, except that the provisions of subsections (a) and (b) of such Section shall not apply (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 7 07 Variation of pronouns All pronouns and any variation thereof used in this Charter shall be deemed to refer to masculine, feminine, neutral, singular or plural as the identity of the person or persons shall require and are not intended to descnbe, interpret, define or limit the scope, extent or intent of this Charter (Res No 97-15, 4-1-97/6-10-97) ARTICLE VIII TRANSITION PROVISIONS* *Editor's note --The former sections of the Charter pnnted in this note, with their`history, have become ineffective and no longer a part of the Charter, pursuant to section 8 01 of the Charter, since the implementation of each such section has been accomplished Set out herein are former sections 8 02, 8 05, 8 06, and 8 07 34 of 39 March 21, 2002 Section 8 02 Interim governing body After adoption of this Charter but pnor to the election and acceptance of office of the first elected Village Council, the governing body for the Village shall be the Dade County Board of County Commissioners In acting as the governing body for the Village dunng this mtenm penod, the Dade County Board of County Commissioners shall not make decisions which could reasonably be postponed until the election of the Village board of trustees or which would matenally alter or affect the status quo within the Village boundanes (Ord No 92-18,' 1, 8-11-92/11-3-92) Section 8 05 Fiscal year and first budget The first fiscal year of the Village shall commence on the effective date of this Charter and shall end on September 30, 1992 The first budget shall be adopted on or before October 30, 1991 Section 8 06 Transitional ordinances and resolutions The Council shall adopt ordinances and resolutions required to effect the transition Ordinances adopted within sixty (60) days after the first Council meeting may be passed as emergency ordmances These transitional ordinances shall be effective for no longer than mnety (90) days after adoption, and thereafter may be readopted, renewed or otherwise continued only in the manner normally prescnbed for ordinances (Ord No 92-18,'l, 8-11-92/11-3-92) Section 8 07 Initial election of Council and Mayor (a) Transition This Section shall apply to all pnmary and regular elections for Council and Mayor held on or before December 31, 1996[,] and any conflicting provisions of Section 5 01 shall not apply to such elections (b) Election dates The first Village pnmary election shall be held on September 3, 1991 Pnmary elections shall also be held in 1993 and 1994 on the day of the second State pnmary election, or if none are held in any such year, on the first Tuesday following the first Monday of October The first Village regular election shall be held on September 17, 1991 Regular elections shall also be held in November of 1993 and 1994 on the same day U S congressional elections are held, or if none are held in any year, on the first Tuesday following the first Monday of said month and year 35 of 39 March 21 2002 (c) 1991 elections The pnmary and regular elections in 1991 shall be held pursuant to the procedures set forth in Section 2 03 and Section 5 01(d) and (e), except as follows (i) only those candidates will qualify for election who have filed wntten notice of candidacy for Council Member or Mayor (but not both) with the Dade County Elections Department, which notice is received before 5 00 p m , August 5, 1991 [,] and which notice shall (A) indicate whether the candidate seeks the office of Council Member or Mayor, (B) contain the candidate's certification that he is a qualified elector of the State of Flonda, is registered to vote in the Village and has resided continuously within the Village since August 5, 1990, (C) contain or be accompanied by such other information or statement, if any, as may be required by the Dade County Elections Department, (D) be signed by the candidate and duly notarized, and (E) be accompanied by a check payable to the Dade County Elections Department in the amount of $100 00, (n) there will be six (6), rather than three (3), Council positions to be filled, (iii) the number of candidates on the regular election ballot will be twelve (12), rather than six (6), or a lesser number equal to two (2) times the number of Council positions to be filled, if any candidates were duly elected to the Council in the pnmary, (iv) the Mayor will be elected to a two (2) year term expinng in 1993, (v) the three (3) duly elected Council Members receiving the most votes, respectively, will be elected to three (3) year terms expinng in 1994, for purposes of this provision, any Council Member duly elected in the pnmary will be considered to have received more votes than any Council Member elected in the regular election, and (vi) the three (3) remaining duly elected Council Members will be elected to two (2) year terms expinng in 1993 (d) 1993 elections The primary and regular elections in 1993 shall be held pursuant to the procedures set forth in Section[s] 2 03, 2 04 and Section 5 01(d) and (e), except as follows 36 of 39 March 21 2002 (1) the Mayor will be elected to a three (3) year term expinng in 1996, and (u) the three (3) duly elected Council Members will be elected to a three (3) year term expinng in 1996 (e) 1994 elections The pnmary and regular elections in 1994 shall be held pursuant to the procedures set forth in Section 2 03 and Section 5 01(d) and (e) ff Maximum terms Notwithstanding Section 2.03, any Council Member (including the Mayor) elected m the 1991 election may serve for a maximum of nine (9) consecutive years on the Council, and the Mayor elected in 1991 or 1993 may serve for a maximum of five (5) consecutive years as Mayor. LA" - (g) Induction into office Those candidates who are elected at the first regular election shall take office at the imtial Council meeting, which shall be held at 7 p m on September 23, 1991 [,] at the Key Biscayne Elementary School (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) Section 8 01 Temporary nature of Article The following sections of this Article are inserted solely for the purpose of effecting the incorporation of the Village and, the transition to a new municipal government. and the transition to a five -member Council, two-year terms ands Seats for elected officials Each section of this Article shall automatically, and without further vote or act of the electors of the Village, become ineffective and no longer a part of this Charter at such time as the implementation of such section has been accomplished (Res No 97-15, 4-1-97/6-10-97) Section 8 04 Taxes and fees Until otherwise modified by the Village Council, all municipal taxes and fees imposed within the Village boundaries by the County as the municipal government for unincorporated Dade County, which taxes and fees are in effect on the date of adoption of this Charter, shall continue at the same rate and on the same conditions as if those taxes and fees had been adopted and assessed by the Village (Ord No 92-18, ' 1, 8-11-92/11-3-92, Res No 97-15, 4-1-97/6-10-97) 37of39 March 21 2002 Section ni yin 8 08 Transition provisions to facilitate change to two-year terms, five -member Council, Seats At 9 00 p m the Commission took a ten minute recess The meeting was reconvened at 9 10 p m %! Transition. This Section shall apply to all elections for Council and Mayor held in 2002. Any conflicting provisions of Sections 2.03 and 5.01 shall not apply to such elections al Seats. On May 1, 2002, the title of the various Council positions shall be changed to reflect the following. The Council position currently held by Council Member Scott Bass shall be deemed to be Seat 1. (11) The Council position currently held by Council Member Alan Fein shall be deemed to be Seat 2. (m) The Council position currently held by Council Member Robert Oldakowski shall be deemed to be Seat 3. (iv) The Council position currently held by Council Member James L. Peters shall be deemed to be Seat 4. id 2002 Elections. Elections shall be held in 2002 in the manner described in Section 5 01, except that only Seats 1, 2, and 3 shall be filled. The three (3) Council Members elected shall serve two (2) year terms Thereafter all elections shall be held pursuant to the procedures set forth in Section 2 03 and Section 5.01. all Transition to Five -Member Council Upon the expiration of the current terms of Council Members' Martha Fernandez -Leon Broucek and Mortimer Fried. their 38 of 39 March 21, 2002 respective Council positions shall cease to exist. Councilmember Scott Bass and Conchita Suarez, 201 Crandon Boulevard addressed the Commission Commissioner Lauredo made a motion to implement the five (5) Council Member transition at the next election The motion was seconded by Commissioner Kelly and approved by a 3-2 roll call vote The vote was as follows Commissioners Kelly, Lauredo and Vice Chairman Kahn voting Yes Commissioner Ames and Chairman Broucek voting No The Clerk read into the record a letter from former Councilmember Raul Llorente regarding Councilmembers running for seats Commissioner Lauredo made a motion to adopt the Charter as amended The motion was seconded by Vice Chairman Kahn and approved by a 5-0 voice vote The vote was as follows Commissioners Ames, Kelly, Lauredo, Vice Chairman Kahn and Chairman Broucek voting Yes Vice Chairman Kahn requested the courtesy of receiving the ballot language before it is presented to the Village Council There was no objection to the request The meeting was adjourned at 9 55 p m ctfully submctted onchita H Alvarez, CMC Village Clerk Approved by the Commission this_ day of . 2002 Martha F Broucek Chairman tr 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 39 of 39