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
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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
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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
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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
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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)
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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
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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 "
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(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.
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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
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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
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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)
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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
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(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)
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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
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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)
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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
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(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
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(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
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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
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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
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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)
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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
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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
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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
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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
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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
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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
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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]
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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
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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
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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
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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
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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
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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
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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)
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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
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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
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