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HomeMy WebLinkAboutMinutes_Charter Review_10/6/2021MINUTES 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 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. Page 1 of 3 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 Page 2 of 3 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. Loci �Y1i�,,�� 1 ti&*v Page 3 of 3