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HomeMy WebLinkAboutMinutes_Charter Review_08/17/2007VILLAGE OF TEQUESTA CHARTER REVIEW BOARD MEETING MINUTES AUGUST 17, 2007 I. Call to Order and Roll Call The Village of Tequesta Charter Review Board held a regularly scheduled meeting at the Tequesta Village Hall, 345 Tequesta Drive, Tequesta, Florida, on Friday, August 17, 2007. The meeting was called to order at 2:18 P.M. by Village Clerk Lori McWilliams, who then called the roll: Present were Vice-Chair Mary Hinton, Dottie Campbell, Geraldine Genco. Chair Joe Capretta arrived at 2:20 P.M. Also in attendance were Village Attorney John C. Randolph and Village Clerk Lori McWilliams. II. Approval of Agenda MOTION: Board Member Campbell moved approval of the agenda; Board Member Genco seconded the motion; motion carried unanimously 3-0. III. MINUTES 1. Approve of the July 16, 2007 Minutes Chair Capretta arrived at 2:20 p.m. MOTION: Board Member Campbell moved approval of the July 16, 2007 Minutes; Board Member Genco seconded the motion; motion carried unanimously 4-0. Village Clerk McWilliams advised the Board she received a letter from Mr. Arena who regretfully removed himself from the Committee; each Board Member was provided a copy of the letter. She stated she called Council Member Turnquest who appointed Mr. Arena and requested he make another appointment as soon as possible. Attorney Randolph handed out a redlined version of the 2001 Charter Board and minutes showing what changes were previously made. V. New Business 12. Discussion on Meeting Schedule • Wednesday, August 22, 2007 - 2:00 p.m. • Wednesday, August 29, 2007 - 2:00 -.p.m. (Mr. Randolph has conflict) Board Member Genco suggested the Board wait to reschedule the upcoming meetings since a new Board Member would be joining the Board. She stated she would not be able to attend Charter Review Board August 17, 2007 Meeting Minutes Page 2 the August 22 meeting as scheduled. Board Member Campbell felt the August 29 meeting should be rescheduled. Board Member Genco mentioned the Village Council stated the attorney did not need to attend all the Charter Review meetings due to costs. She felt the Charter Board was tasked to deal with the concepts and then have the attorney fine tune the concepts for legality purposes. She explained she went through what the Board did during the last meeting and took language from other municipal charters and incorporated into the Village charter for the Board to review. She commented if the Board continued to be burdened looking at case law then the Board would not finalize the process. Board Member Hinton believed the attorney needed to be at least one other meeting during the process and noted she did not have a problem with meeting on August 29 withput Mr. Randolph. Board Member Genco agreed there should be another meeting with the attorney present, but later in the process. She mentioned receiving a lot of concerns from residents while on Council was whether the Village Manager should live in the Village and noted this was a concept issue and did not take the attorney to help decide. Board Member Campbell asked if she found this requirement in other charters to which she responded she found it in one other charter. Board Member Campbell commented there was a short time frame to complete the project and did not want to spend a lot of time on concept and then find there were legal issues; she was more comfortable if the attorney attended every meeting. Chair Capretta noted legal advice was needed on almost every item during the last meeting. Board Member Genco pointed out nothing was accomplished and mentioned the Board could pull the wording directly from other charters where their attorney's had already reviewed the legalities of the wording; she felt if their attorneys approved the language it was good language to which Board Member Campbell disagreed. MOTION: Board Member Campbell moved that the attorney be present at all Charter Review Board meetings. Board Member Hinton asked Board Member Genco what her objection was with the attorney being present. Board Member Genco stated legal opinion was not going to change what she was asked to do, which was to address concept and she did not believe case law was needed to discuss concept. Chair Capretta stated there were portions in the Charter that he would not consider changing and questioned Board Member Genco bringing up other municipal charter wording and felt she wanted changes. Board Member Genco noted the Board charge was not to change the Charter, it was to make a collective decision as to whether the Board wanted to make a change and there was not to be any preconceived notions. Chair Capretta believed Board Member Genco had preconceived notions due to previous comments regarding the Village Manager living in the Village. Charter Review Board August 17, 2007 Meeting Minutes Page 3 Vice-Chair Hinton seconded the motion on the table; motion carried 3-1 with Board Member Genco in dissent. Chair Capretta and Board Member Campbell explained the Board had already delayed meeting a month due to Board Member Genco's previous commitment and did not want to accommodate further delays. Chair Capretta stated he did not see the need to have a full quorum at meetings if it was not possible. Vice-Chair Hinton preferred to reschedule the August 22 meeting since the Board only had four members at this time. Detailed discussion ensued. Consensus of the Board agreed to hold the next meetings on August 22, 2007 and August 31, 2007 at 2:00 p.m. Board Member Genco stated for the record that she felt it was inconsiderate to reschedule for the attorney but not a fellow committee member and Board Member Campbell noted for the record that the Board had accommodated Board Member Genco for five weeks to date. Board Member Genco handed out a copy of work she had prepared on the charter incorporating language from other municipal charters. Board Member Campbell asked that all handouts indicate who distributed the item and the date. Board Member Genco explained the red line indicated a strike out and the yellow highlight denoted an addition. Board Member Campbell asked if the source of the red comments were listed for each specific comment and Board Member Genco stated she could reference and pointed out the three municipalities she used were Wellington, Boca Raton and Palm Springs. IV. Unfinished Business 2. Statutory Compliance of Existing Charter Attorney Randolph advised the Village Charter was in statutory compliance per state law. 3. Model Charter Attorney Randolph noted this was provided for information only for the Boards reference. V. New Business 11. Discussion of Charter Section 1.02 -Form of Government Attorney Randolph explained this was provided for information only and did not see the need for a change unless the Board wanted to change the Village's current form of government. Board Member Genco asked that wording "policies and" be added in the second to last sentence, "Except as limited in this Charter, the Village Manager shall execute the policies and laws..." Charter Review Board August 17, 2007 Meeting Minutes Page 4 Discussion ensued on word smithing and taking the charter to referendum; Attorney Randolph suggested keeping track of minor changes and should major changes not be made that would require a referendum, then the minor changes would not be made; however if it went to referendum then the changes would be made. Consensus of the Board agreed to the change. Section 2.01- Council Salary Attorney Randolph explained the major issue was whether Council would be reimbursed for expenses or paid a salary. He noted it did not matter if it was called a salary or compensation. Board Member Genco stated she believed Council Members should be entitled to receive reimbursement for authorized travel and per diem expenses and mentioned a time when she was denied reimbursement. Board Member Campbell questioned if this should be in the Charter. Chair Capretta noted this Council had always acted as a volunteer organization on a token salary. Board Member Hinton agreed that Council should be authorized to receive travel reimbursement for pre-authorized trips and asked if it needed to be addressed in the Charter or in Council Procedures. Attorney Randolph advised it did not need to be in the Charter and if it was placed it in the Charter it could not be changed from time to time, if needed, and suggested it be incorporated in Council Procedures. MOTION: Board Member Hinton moved to recommend to the Village Council that Council Members shall be entitled to receive reimbursement as outlined by State Statute for authorized travel and per diem expenses incurred during the performance of their official duties and be placed in the official Council Procedures and not in the Charter; Board Member Genco seconded; motion carried unanimously 4-0. Section 2.01-Determining Successful Candidate Not addressed. Section 2.02 Qualifications and Disqualifications MOTION: Board Member Hinton moved to approve as written with the typo changed; seconded by Board Member Campbell; motion carried unanimously 4-0. Section 2.03 Oath of Office Board Member Genco explained she added language to this section because when she was elected to Council they did not seat her at the first Council Meeting subsequent to the election and had her remain on the sideline until the following month. She stated the Charter was vague and felt it needed clarification. Board Member Hinton agreed wording to seat the Charter Review Board August 17, 2007 Meeting Minutes Page 5 member elect at the next Council Meeting needed to be in the Charter. Village Clerk McWilliams stated it was currently in the Charter and Board Member Genco stated it was under Section 2.01, however the wording was not clear. Attorney Randolph read the wording from Section 2.01, "The term of office of each Council Member shall commence at the next Council meeting subsequent to the date of the Council Member's election." Chair Capretta felt the wording was clear. Detailed discussion ensued. MOTION: Board Member Genco moved to adopt Section 2.03 as currently written without any amendments, changes or addendums; motion seconded by Board Member Campbell; motion carried 4-0. Section 2.04 Removal and Recall MOTION: Board Member Genco moved to adopt Section 2.04 as is; seconded by Board Member Hinton; motion carried 4-0. Section 2.05 Vacancies and Forfeiture of Office Board Member Genco explained she added the word vacancies and the language forfeiture of office. She noted the highlighted language was pulled from three municipalities which were generally identical except "misses five consecutive meetings or eight meetings in any one- year period" was six meetings instead of eight. Board Member Hinton stated her notes showed the Board needed to address the person that was sworn in and never showed up. Chair Capretta stated it used to be if someone missed three meetings they were out; Board Member Genco stated it used to be this way until the last Charter Review Committee removed the language. Attorney Randolph recommended the following language, "a person that was elected or appointed to Village Council shall forfeit office if he or she fails to take and subscribe to the Oath of Office as provided in Section 2.03 of this Charter within 30 days of commencement of office." He read the Jupiter Charter language under Section 4 (b) and his language outlined in his letter. Board Member Genco asked Mr. Randolph what he would recommend should remain or be removed from the wording she recommended. Attorney Randolph advised item (1) was good; he was concerned with the wording in item (2) and felt there were many opportunities for a Council Member to violate the code of ethics unintentionally such as failing to file your disclosure requirements annually. Board Member Genco felt they would have to be convicted of this violation and not based on an assumption. Board Member Hinton suggested the wording be convicted of a crime. Attorney Randolph pointed out a Council Member could unknowingly vote on an item that they had a conflict on and go to the Commission on Ethics and be found guilty. This would then create a vacancy on the Council. Board Member Hinton suggested that if someone was found guilty of a crime and Charter Review Board August 17, 2007 Meeting Minutes Page 6 their civil rights had not been restored wording would be more applicable. Attorney Randolph suggested the wording convicted of a felony during the term of office. Chair Capretta suggested the attorney review this section and all that had been discussed and bring back proposed language. MOTON: Board Member Hinton moved to direct the attorney to write new terminology for the forfeiture of office which would include failure to take the oath, lacking qualifications under the Charter, being convicted of felony during their term in office, and missing three consecutive regular meetings with a total of six missed regular meetings per year; Board Member Genco seconded; motion carried unanimously 4-0. 2.06 Mayor and Successors MOTION: Board Member Hinton moved to approve Section 2.06 as is; Board Member Campbell seconded; motion carried unanimously 4-0. 2 07 Appointment of LeSal Counsel and Auditor (New Section suggested 6y Board Member Genco) Board Member Genco suggested including a new section to the Charter where the Council appointed the attorney and auditor and asked the attorney if this was the appropriate placement. Mr. Randolph stated he would have to look at the entire Charter in context to determine the appropriateness of placement. Mr. Randolph stated that if the Charter was going to be changed it would be a good idea to place the language of appointment of the attorney and auditor into the Charter; however if a change to the Charter was not going to be made, it was his opinion that Council was tasked with the appointment of the attorney. He stated legal counsel was not a department head and was not an employee and not hired and fired by the Village Manager. He stated the Council had always appointed the attorney and had the right to hire and fire the attorney because the position did not fit into any of the classifications under the Village Manager. He stated for clarification purposes this was the place to put it and this was the most common Charter language. Chair Capretta asked if a Council Member could contact the attorney and ask for a legal clarification; Mr. Randolph strongly recommended this not be placed in the Charter but rather in Council Procedures. Board Member Campbell mentioned previous committee members contacting the attorney and driving up costs. Board Member Hinton suggested this could be addressed under Council policy if the Charter did not have to go to referendum; however she would like to see specific language in the Charter if it went to referendum. Board Member Campbell suggested the Council appoint the attorney and the manager authorize contact with the attorney. Mr. Randolph stated that would be done through Council Charter Review Board August 17, 2007 Meeting Minutes Page 7 Procedures. Board Member Hinton stated she wanted the position hired by Council and what was done after that would be a policy decision. Discussion ensued on the Village Attorney appointing outside counsel as needed in special circumstances for situations outside their expertise such as the Dalack case. MOTION: Board Member Genco moved to adopt the language as 2.07 -Appointment of Legal Counsel and Auditor, "The Council shall appoint legal counsel, as it deems necessary, to serve at the pleasure of the Council and to act as legal advisor to the Village and to all its officers on matters relating to their official duties. The Council shall engage a certified public accounting firm to prepare and submit to the Council an annual audit" and the attorney would review for legal sufficiency; seconded by Board Member Hinton; motion carried 4-0. The Board took a five minute break. 2.07 Meetings (Needs to be renumbered) Board Member Genco suggested adding parliamentary procedures into this section. Board Member Campbell felt this should be placed in the Council Procedures. Board Member Hinton pointed out there had been case law against placing this within Charters and Attorney Randolph agreed. Board Member Genco requested Ordinances be referenced in the Charter similar to the Florida Statutes being referenced. Detailed discussion took place regarding the reference. MOTION: Board Member Campbell moved to not include the ordinance reference in the Charter; seconded by Board Member Hinton; motion carried unanimously 4-0. MOTION: Board Member Campbell moved to approve Section 2.07 -Meetings with the state law references to be removed if taken to referendum; seconded by Board Member Hinton; motion carried unanimously 4-0. Attorney Randolph noted the state law references would be removed for to be placed before the electors; however would be automatically placed back in during the codification process. 2.08 Quorum (Needs to be renumbered) MOTION: Board Member Campbell moved to approve Section 2.08 as is; seconded by Board Member Hinton; motion carried unanimously 4-0. 2.09 Ordinances and Resolutions (Needs to be renumbered) MOTION: Board Member Campbell moved to approve Section 2.09 as is; seconded by Board Member Hinton; motion carried unanimously 4-0. Charter Review Board August 17, 2007 Meeting Minutes Page 8 Board Member Genco asked if the state law reference would be stricken and Attorney Randolph reiterated there would be no references in the document that goes to the electors; however the state law references would automatically be placed back in during the codification process. 2.10 Electors and Elections (Needs to be renumbered) Board Member Genco pointed out that in her research many other municipalities made a point of noting that elections were to be non-partisan. Additionally, she stated the Village Charter did not address how quickly one was to be certified following the election. Board Member Hinton clarified Board Member Genco was requesting language requiring the Clerk certify the total number of votes cast by each person including absentee within three days of the election. Village Clerk McWilliams stated she did not have the authority to certify the results until the Supervisor of Elections Office provided the numbers, which might not be within a three day period. Mr. Randolph stated this was generally handled by Ordinance. Board Member Campbell stated she did not want the non-partisan issue in the Charter. Board Member Genco asked if the Supervisor of Elections Office had a timeframe in which to count the absentee ballots; Village Clerk McWilliams explained the Elections Office certifies the numbers, forwards them to the municipalities and then the Clerk in turn immediately presents the numbers to Council through a resolution to certify the results. Board Member Campbell explained absentee ballots were not generally counted until the morning after the election. Board Member Genco asked Board Member Campbell if there were any issues with time delays and if there should be any concerns with absentee ballots. Board Member Campbell stated it had never happened and Clerk McWilliams advised the Village would not have control over this; additionally, she stated she did not sign certificates but signed the Resolution certifying the election results. MOTION: Board Member Campbell moved to approve Section 2.10 as is, seconded by Board Member Hinton; motion carried unanimously 4-0. 2.11 Interference with the Administrative Department (Needs to be Renumbered) Board Member Genco explained she was replacing the portion she struck out with the portion highlighted in yellow and the language was taken from the Boca Raton Charter because it was the most concise. She wanted the committee to review this section because the issue of a Council Member asking the Finance Director what the general balance for IBR 624 and where the did the money come from had been prohibited and Council were not allowed to ask specific questions. She felt that in order to allow Council to do their jobs properly they should be allowed to ask questions. Board Member Hinton stated that under the Village Manager form of government, Council did not have the authority to go directly to the department heads. Board Member Genco stated the wording gave the Manager the supervision and provided thresholds for what a Council Member could ask for versus interference; she did not believe it was interference to ask the Finance Director a question. Mr. Randolph stated that it was not interference under Charter Review Board August 17, 2007 Meeting Minutes Page 9 the Charter as written. Board Member Genco stated this had not been interpreted correctly and Mr. Hawkins had not taken a stand on this interpretation. Mr. Randolph stated the Board needed to ensure that Council Members were not directing department heads; and if a Council Member asked a question and it required research a Council Member should not make the request because it would be considered interference. He noted a simple request such as providing a copy of last years budget was okay. He stated the current language was typical and conceptually allowed Council to ask questions of a department head just not require them to do additional work. Board Member Campbell asked if a Council Member was able to obtain copies of documentation free of charge and Attorney Randolph explained the Council Member would generally go through the Manager who would ask the department head to obtain the copy and it would generally be provided free of charge. Village Clerk McWilliams stated it would be free if used for purposes of Village related work, but for election purposes or personal issues such as a permit request, they would be charged. Board Member Hinton stated she would limit even more what a Council Member could request of a department head. Board Member Genco asked that the Board strongly consider her language and asked that this section be brought back at August 31 meeting. Board Member Hinton stated she did not have a problem waiting and felt this was important to the Charter and the Village's form of government. Board Member Campbell had always been able to work well with the Manager and staff. Board Member Hinton stated she always went through the Manager due to the Charter requirements and staying within the town manager form of government. Attorney Randolph mentioned department heads could feel harassed or intimidated by Council Members requesting information. Consensus of the Board agreed to postpone the item until the August 31 meeting. V. New Business 11. Discussion of Charter The Board reviewed the previously reviewed sections of the Charter. No new sections were discussed. VI. Communications from Committee Members There were no communications from Committee Members. Charter Review Board August 17, 2007 Meeting Minutes Page 10 VII. Communications from Citizens There were no communications from citizens. VIII. Adjournment Upon motion by Board Member Campbell; seconded by Board Member Genco, and unanimously carried 4-0, the meeting was adjourned at 4:20 p.m. Respectfully submitted, `~ ~:~. mct.~~e..e.~c~m- Lori McWilliams, CMC Village Clerk