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HomeMy WebLinkAboutDocumentation_Charter Review_Tab 01_11/3/2021Agenda Item #1. Charter Review Board STAFF MEMO Meeting: Charter Review Board - Nov 03 2021 Staff Contact: Lori McWilliams, Village Clerk Department: Village Clerk Minutes: September 15, 2021 This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. Charter Review Board - Sep 15 2021 - Minutes Charter Review Board - Oct 06 2021 - Minutes - Pdf (1) Page 3 of 36 Agenda Item #1. MINUTES CHARTER REVIEW BOARD MEETING VILLAGE OF TEQUESTA, FL SEPTEMBER 15, 2021 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Chair Abby Brennan at 6:03 p.m. A roll call was taken by Clerk Lori McWilliams. Present were: Chair Abby Brennan, Vice -Chair Kimberly Kraft, Member David Hudson, Member Marcia Nielson. Absent were: Member Gary Vonk COMMUNICATIONS FROM CITIZENS There were none. AGENDA ITEMS 1. Meeting Format and Process Chair Brennan provided an explanation of the agenda and articles. She highlighted that legal and a representative of the Clerk's office would attend the meetings noting Attorney Mitty Barnard would attend the next meeting due to a scheduling conflict with Attorney Davis. Chair Brennan also advised the Board Manager Allen would attend as often as possible. Chair Brennan handed out a draft meeting schedule to the Board. 2. Discuss Possible Schedule Adjustment The Board agreed a consistent legal representative was important and decided to revise the meeting schedule to the first and second Wednesdays of the month. This would allow Attorney Davis to attend all meetings. Board Members would confirm the changes with Member Vonk. 3. ARTICLE I - INCORPORATION; FORM OF GOVERNMENT- Section 1.01 Incorporation; 1.02 Form of Government Mgge4'bfJ86 Agenda Item #1. The Board inquired on a Village map and requested it be added to the Charter. Attorney Davis explained the Council -Manager form of government utilized by the Village. He stated the Mayor had equal authority as Council Members and the Mayor was voted in by the Council Members every year during a re -organization. The alternative form of government was a strong Mayor form with a Mayor elected by residents and performing administrative responsibilities. This type of government does not allow a Mayor to vote. The City of West Palm Beach was used as an example. Member Nielson inquired if an elected Mayor could have the same authority as a Council Member. Attorney Davis said it was possible and provided The Town of Palm Beach Shores as an example. He stated they did not have a Town Manager which created difficulties with the Sunshine Laws. The Board agreed to leave the form of government as stated and would revisit it, if needed, as they moved along to other Articles. Member Hudson asked for information on the Village description and when it was updated. Attorney Davis explained as areas were annexed the description was updated by an Ordinance. The last update was January of 2018. 4. ARTICLE IV - MUNICIPAL POWERS - Section 4.01 General Powers; Section 4.02 Annexation Attorney Davis explained the Annexation process. Members discussed annexed areas and agreed no changes were needed. 5. ARTICLE VII — MISCELLANEOUS PROVISIONS — Section 7.01 Constitutionality; Section 7.02 Public Meetings; Section 7.03 Conflict of Interest; Section 7.04 Effect of this Charter The Board agreed to update the title of Article Seven. Attorney Davis would research an appropriate title for the article and provide examples. Section 7.01 would be renamed from Constitutionality to Severability Clause and Section 7.04 would be renamed to a Continuity Clause and remain in Article Seven. The Board agreed to move Section 7.02 to Section 2.08. The Board discussed Section 7.03 titled Conflict of Interest and agreed to move Section 7.03 to a new section in Article Two. The Board further discussed the content of Section 7.03 in great detail. Attorney Davis noted once something was in the charter it was very difficult to change. The Board was concerned with the time frame of one year after term expiration. Attorney Davis referenced State law was two years. They agreed lobbying was covered for elected officials under the State law. The Board also discussed including Village Staff in the language but, agreed it Agenda Item #1. was not needed. Attorney Davis would draft lobby language memorializing State law for the Board to review before the next meeting. 6. Any Other Matters The Board agreed to move future meetings to the Village Hall Conference Room and announced the next meeting was on October 6th. ADJOURNMENT The meeting was adjourned at 6:55 p.m. Agenda Item #1. Draft MINUTES CHARTER REVIEW BOARD MEETING VILLAGE OF TEQUESTA, FL OCTOBER 6, 2021 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Chair Abby Brennan at 6:00 p.m. A roll call was taken by Clerk Lori McWilliams. Present were: Chair Abby Brennan, Member David Hudson, Member Marcia Nielson, Member Gary Vonk. Late were: Vice -Chair Kimberly Kraft. COMMUNICATIONS FROM CITIZENS There were none. AGENDA ITEMS 1. Minutes: August 31, 2021 MOTION: Member Kraft made a motion to approve the August 31, 2021 minutes; Member Nielson seconded the motion. Carried unanimously 5-0. 2. Discussion on Legal's Charter Working Document Village Attorney Mitty Barnard reviews the revisions made to the working Charter Document from the previous Charter Review meeting. Section 2.13 was the most substantial change. The Board agreed on all changes. MOTION: Member Nielson made a motion to approve the revisions made to Legal's Charter working document; Member Hudson seconded the motion. Carried unanimously 5-0. Agenda Item #1. Draft 3. ARTICLE V - Taxation - 5.01 - Powers of Village Council; 5.02 - Limitations; and 5.03 - Tax Assessment, Levy and Collection The Board discussed Article 5, Section 01, item 08. Member Nielson opened the discussion on charitable donations and questioned the need for the language. She felt Council's discretionary funds covered this. Chair Brennan also inquired about adding a 501 c3 designation requirement. Chair Brennan explained that Council had not budgeted for charitable donations in recent years due to budget restrictions and had left donation gifts up to the individual Council Member with their discretionary funds. Member Vonk suggested a set criteria for charitable donations. Village Attorney Barnard explained verbiage was generic by design to allow Council flexibility. The Board discussed charitable donations in great length and agreed upon additional language which would state a support of charitable purposes approved by the Village Council. The Board reviewed Article 5, Section 01, item 11. Member Nielson had concerns with the acquisition and sale of land. She suggested it fall to a referendum. Chair Brennan was concerned specific verbiage or referendums would handicap government. Attorney Barnard explained the Section followed State law and was not authorizing the sale or purpose. The Section allowed Council to raise funds through taxation and was broad by design to allow for a functioning government. The Board agreed to remove item 22 and incorporate the verbiage into the first sentence of Article 5.01. Attorney Barnard stated that Attorney Davis recommended organizing the items into similar groups and would present the re -order at the next meeting. The Board agreed. The Board agreed to allow the Village Attorney to review and provide language for Section 2: Limitations. MOTION: Member Hudson made a motion to approve the discussed revisions to Charter; Member Nielson seconded the motion. Carried unanimously 5-0. 4. ARTICLE VI -INITIATIVE AND REFERENDUM - Section 6.01 - Power of Initiative; 6.02 - Power of Referendum; 6.03 - Form of Petitions; 6.04 - Filing, Examination and Certification of Petitions; 6.05 - Amendment of Petitions; 6.06 - Effect of Certification of Referendum Petition; 6.07 - Consideration by Village Council; 6.08 - Submission to Electors; 6.09 - Form of Ballot for Initiated and Referred Ordinances; 6.10 - Form Agenda Item #1. Draft of Ballot for Initiated and Referred Ordinances; 6.11 - Result of Elections; and 6.12 - Repealing Ordinances The Board discussed the wording and process of Article 6 in great detail. The consensus of the Board was the wording was difficult to understand. Village Clerk McWilliams cited other municipalities used similar language. The Board did not object to the process of a referendum. Village Attorney Barnard would review the language and clarify where possible. Chair Brennan suggested adding language allowing for an automated process. Clerk McWilliams noted the elections office had not gone digital. Village Attorney Barnard would add caveat language allowing for the Village to follow the Supervisor of Elections should a digital process be added or changed. Clerk McWilliams suggested revisions to 6.01 and the reference of 10% of registered voters. She noted the daily change of registered voters and proposed language that stated the number of registered voters at the time of the last general Village election. The Board agreed. Clerk McWilliams was also concerned about the specific time frames in section 6.08 and proposed language that stated the next general Village election. This would alleviate the specific date range. The Board agreed. Village Attorney Barnard would work on language to encompass special elections. MOTION: Member Nielson made a motion to approve the discussed revisions to the Charter; Member Vonk seconded the motion. Carried unanimously 5-0. 5. Any Other Matters Member Nielsen provided history to the Board on Article 2. This Article was on the agenda for the next meeting. ADJOURNMENT The meeting was adjourned at 7:33 PM. MOTION: Member Nielson made a motion to adjourn the meeting; Member Vonk seconded the motion. Carried unanimously 5-0.