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HomeMy WebLinkAboutResolution_38-22_12/22/2022RESOLUTION NO. 38-22 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR A SPECIAL ELECTION TO FILL AN EXISTING VACANCY IN COUNCIL SEAT 5 IN ACCORDANCE WITH VILLAGE CHARTER SEC. 2.05; PROVIDING THE DATE FOR THE SPECIAL ELECTION, PROVIDING THE QUALIFYING PERIOD FOR THE SPECIAL ELECTION, DIRECTING THE VILLAGE MANAGER REGARDING THE PROVISION OF EARLY VOTING FOR THE SPECIAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on December 15, 2022 Councilmember Aaron Johnson resigned his office of Council Member Seat 5 effective immediately; and WHEREAS, the current term for the office of Council Member Seat 5 runs through March 2024, resulting in a period of vacancy that would exceed six (6) months; and WHEREAS, the current Village Charter provides at Sec. 2.05, that "in the event of a vacancy on the Village Council because of ... resignation ... and the period of vacancy is to be more than six (6) months, the Village Council shall provide for a special election to fill the vacancy until the expiration of the term", and WHEREAS, Florida Statutes (Sec. 100.151) requires a local governing body to obtain the consent of the Supervisor of Elections as to the date when registration books for any special election can be available; and WHEREAS, the current Village Charter does not specify a date or deadline upon which or within which the special election must be held; and WHEREAS, the Palm Beach County Supervisor of Elections (SOE) has advised the Village Clerk that a special election can be held on March 14, 2023 in conjunction with the Regular Municipal Election, and WHEREAS, in order to have a March 14, 2023 special election, the qualifying period must begin at noon on January 11, 2023 and end at noon on January 18, 2023, in order to accommodate the printing and mailing of the Vote -by -Mail ballots; and WHEREAS, having considered the unique circumstances that have presented themselves in this case, as well as the recommendations of Village Staff and the Village Attorney, the Village Council desires to now provide for a special election to be held March 14, 2023 in conjunction with the March 14, 2023 Regular Municipal Election to fill the vacancy currently existing in the office of Council Member Seat 5. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. The Village Council of the Village of Tequesta, having obtained the consent of the Palm Beach County Supervisor of Elections (SOE) for a March 14, 2023 special election, hereby provides for a special election to fill the unexpired term of Council Member Seat 5, which was resigned by Aaron Johnson on December 15, 2022 effective immediately. SECTION 2. The special election shall be held on March 14, 2023 in conjunction with the March 14, 2023 Regular Municipal Election. SECTION 3. The qualifying period for the special election shall open at noon on January 11, 2023 and shall close at noon on January 18, 2023. SECTION 4. The Village Manager is further directed to do all things necessary to notice the qualifying period and the special election as required by law. SECTION 5. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED by the Village Council of the Village of Tequesta this 22nd day of December, 2022. RESOLUTION Date 38-22 12/22-2022 Motion Council Member Frank D'Ambra Second Vice -Mayor Kyle Stone FOR AGAINST ABSENT CONFLICT Mayor Molly Young ❑x ❑ ❑ ❑ Vice -Mayor Kyle Stone ❑x ❑ ❑ ❑ Council Member Laurie Brandon ❑x ❑ ❑ ❑ Council Member Frank D'Ambra III ❑x ❑ ® ❑ Council Seat 5 - Vacant ❑ ❑ ❑ ❑ The Mayor thereupon declared the Resolution duly passed and adopted. MAYOR OF TEQUESTA: Molly Young PCj �N ATTEST: �U SEAL INCORPORATED :' _ '�� u ✓F 4 A P.. M �: _... ga�Q: ' , Lori McWilliams, MMC Village Clerk