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Home My WebLink AboutDocumentation_Regular_Tab 14_1/12/2023Agenda Item #14. Regular Council STAFF MEMO -D Meeting: Regular Council -Jan 12 2023 Staff Contact: Lori McWilliams, Village Clerk Department: Village Clerk TITLE ORDINANCE 1-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE 1. — BOARDS, COMMITTEES AND COMMISSIONS. BY CREATING AN ENTIRELY NEW SECTION 2-2. — MEETING ATTENDANCE REQUIREMENTS FOR APPOINTEES, TO PROVIDE ATTENDANCE REQUIREMENTS FOR APPOINTEES; AND BY CREATING AN ENTIRELY NEW SECTION 2-3. — VIRTUAL ATTENDANCE LIMITATIONS, TO PROVIDE LIMITATIONS ON THE USE OF VIRTUAL MEETING ATTENDANCE FOR APPOINTEES; AND BY CREATING AN ENTIRELY NEW SECTION 2-4. — ELIGIBILITY FOR APPOINTMENT, TO PROVIDE MINIMUM BOARD, COMMITTEE OR COMMISSION APPOINTMENT ELIGIBILITY CRITERIA; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Our Boards and Committees do not currently have a provision for attendance requirements, virtual attendance (zoom, phone, etc.), or resident and/or voter status (eligibility for appointment). To Mitigate issues we may have with a committee member being appointed and not attending meetings and prevent members from attending mostly through remote avenues, staff is recommending changes to the Code to allow for Council to consider releasing a member from appointment- if necessary. Currently we do not have any measure in place to give Council this discretion. In order to ensure we meet the required in -person quorum as stipulated by law, staff recommends limiting the number of virtual meetings a member can attend. Virtual attendance should be used sparingly when in -person attendance can not be achieved. In addition, our Code does not address members being Tequesta residents and registered voters. However, this language has always been included in our advertisements and a past practice of council. Adding this to our Code would complement the Council preference for this selection process. An exception should be made on our pension boards due to the nature of the position, and required knowledge and skills necessary. There may be instances where we have to go outside of the Village to fill the position. Page 264 of 396 Agenda Item #14. 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. PROJECT NAME: N/A BUDGET: N/A ENCUMBERED: N/A Proposed: N/A ATTACHMENTS: • • -•, - • Projected Remaining: N/A Page 265 of 396 Agenda Item #14. ORDINANCE 1-23 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE 1. — BOARDS, COMMITTEES AND COMMISSIONS. BY CREATING AN ENTIRELY NEW SECTION 2-2. — MEETING ATTENDANCE REQUIREMENTS FOR APPOINTEES, TO PROVIDE ATTENDANCE REQUIREMENTS FOR APPOINTEES; AND BY CREATING AN ENTIRELY NEW SECTION 2-3. — VIRTUAL ATTENDANCE LIMITATIONS, TO PROVIDE LIMITATIONS ON THE USE OF VIRTUAL MEETING ATTENDANCE FOR APPOINTEES; AND BY CREATING AN ENTIRELY NEW SECTION 2-4. — ELIGIBILITY FOR APPOINTMENT, TO PROVIDE MINIMUM BOARD, COMMITTEE OR COMMISSION APPOINTMENT ELIGIBILITY CRITERIA; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta Code of Ordinances provides for the establishment of various boards, committees and commissions as are more particularly described throughout the Village Code of Ordinances; and WHEREAS, in order to ensure an active and engaged membership within all of the Village's appointed boards, committees and commissions, and in order to facilitate the physical presence of a quorum to conduct business at all board, committee and commission public meetings, the Village Council desires to implement an attendance policy and a virtual meeting policy; and WHEREAS, the Village Council also desires to codify certain minimum eligibility criteria for appointment to Village boards, committees and commissions to ensure appropriate appointments which will serve the best interests of the Village; and WHEREAS, the Village Council of the Village of Tequesta has determined that the code amendments contained in this ordinance will promote and protect the public health, safety and welfare. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 2. Administration. Article 1. — Boards, Committees and Commissions; is hereby amended by creating an entirely new Section 2-2. entitled "Meeting attendance requirements for appointees", to provide attendance requirements for all board, 1 Page 266 of 396 Agenda Item #14. committee and commission members; and by creating an entirely new Section 2-3. entitled "Virtual attendance limitations", to regulate the use of virtual meeting attendance by board, committee or commission members; and by creating an entirely new Section 2-4. entitled "Eligibility for appointment", to provide minimum board, committee or commission appointment eligibility criteria; providing that Chapter 2. Administration, Article 1. — Boards, committees and commissions shall hereafter read as follows: Chapter 2 - ADMINISTRATION ARTICLE 1. - BOARDS, COMMITTEES AND COMMISSIONS Sec. 2-1. — Appointments to boards, committees and commissions. [This section shall remain in full force and effect as previously adopted.] Sec. 2-2. - Meeting attendance requirements for appointees. La)All board, committee and commission members appointed pursuant to Sec. 2-1. above are expected to commit to attending all meetings of the board, committee or commission to which they have been appointed. While it is understood that absences from time -to - time may be unavoidable due to circumstances beyond the control of the board, committee or commission member, excessive absences may be grounds for the village council to rescind the appointment. Lb)The following schedule shall apply to all board, committee and commission members appointed pursuant to Sec. 2-1. above: 1 For a board, committee or commission that has a regular monthly meeting schedule, an appointee who misses three (3) or more regularly scheduled meetings in any twelve-month period may be removed from the board, committee or commission by the village council. 2 For a board, committee or commission that has a regular quarterly meeting schedule, an appointee who misses two (2) or more regularly scheduled meetings in any twelve-month period may be removed from the board, committee or commission by the village council. 3 For a board, committee or commission that meets on an as needed basis with no regular meeting schedule, an appointee who misses three (3) or more meetings in 2 Page 267 of 396 Agenda Item #14. any twelve-month period may be removed from the board, committee or commission by the village council. Lc)Vacancies created by a village council removal as -provided for above may be filled by the village council at any time. Sec. 2-3. - Virtual attendance limitations. Board, committee and commission meetings are public meetings. Board, committee and commission members appointed pursuant to Sec. 2-1. above are expected to attend their respective meetings in person in order to facilitate the conduct of business as well as meaningful interaction with fellow board, committee or commission members, village staff, and members of the public. It is understood that from time -to -time a board, committee or commission member's ability to attend a meeting in person may be prevented due to circumstances beyond the control of the board, committee or commission member and therefore, any board, committee or commission member may attend no more than two (2) meetings of the board, committee or commission to which they have been appointed in any twelve-month period via a virtual platform provided by the village (ify), so long as a quorum of the board, committee or commission is also physically present in person at the public meeting. Sec. 2-4. — Eligibility for appointment. La)No person shall be eligible for appointment to a Village board, committee or commission unless said person shall be a registered voter and resident of the Village, with the exception of the Village's Pension Boards. Any appointed board, committee or commission member who ceases to possess these qualifications shall forthwith forfeit his or her office. Lb)Vacancies created by a forfeiture of office due to ineli ibility as described above may be filled by the village council at any time. Section 2: Each and every other section and subsection of Chapter 2. Administration. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. 3 Page 268 of 396 Agenda Item #14. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon adoption. El Page 269 of 396