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HomeMy WebLinkAboutPresentation_Workshop_Tab 02_2/22/2023 V *Illage ��� o F rEPGF WinkHALL MEETING WHAT IS A CHARTER? • Charter ie9�ec�a.Elonrta-coee al Uramancaz CH—E- A municipal charter is the basic document that defines the organization, powers, functions and essential TEQNESTA PLORIOA s PLEMENTNIST°RYT E procedures of the city government. It is comparable to the Constitution of the United States or a state's V> ARTKLEL-IN[°�ORATION:ORM°R constitution. The charter is, therefore, the most important legal document of any city. - National League 6OVERNMfNT ANOLEII.T„EALLGEC°UNCIL of Cities ) ARTKLEIII.-NLLAGE A°MINISTRATION —CLE rv--MUNKmAL POWERS > ARTKLEV.TAARN It is common practice to review municipal charter every 10 years. The Village last updated the Charter in > ARTKLf N.-INITIATNEANO REPERENOUM 2008. ) ARTKLFNI..MISCELLANEOUS CHARTER COMPARATMETABIE ORbINANEES • Charter Consist of Seven Articles > ChaNef 1.GENE PRUYISIGNS EhEPHY.AUMINI>IPATI©N Article I: Incorporation; Form of Government ' Chaph,<.AARMS Article II: Village Council Chapttr6-ALCOHOLK BEYEMGfS C pte 0ANIMALS • Article III: Village Administration > Ch2pttl le.BUlL°INGs pND @IJILUING Article IV: Municipal Powers • Article V: Taxation • Article VI: Initiative and Referendum • Article VII: Miscellaneous Provisions Village Council established a Charter Review Committee at the Regularly Scheduled August 12, 2021 Recommendations from Review Committee presented to the Village Council at the March 22nd1 2022 Village Council approved amendments to be placed on ballot through Ordinance 12-22 at the July 14t", 2022 Regularly Scheduled meeting NO August 31St, 2021 Charter Review Board Kick-Off Meeting s 11 Meetings erwa a as IF • Sunset Committee with passage of Ordinance - July 141", 2022 Teques Flori Cotleof OrdTrances>CNARTL'- $SNOWCHANGESCD .LT MORE- nTMN:OCT G.mzz LCLIRENTI• !jp-- 51PPLEMENTNISTOR TA3Le CapAT1-GENERAL PROVISIONS> CODEOFORDINANCES WLLAC OF LEDDESTA FLaRE. PART I-CHARTERO] 9, ® a E3 m PF..ENTHIBTDRYT ELe= Y�=R�ena�Av w�avrealr D>a N�4a2N�3��,2T 2AAI.a�oY, ,�� .:2o0,A,�N�,HN,N N. aR�aN�o.���N�nw«,�N„RAa..yan.Neeao>,vHu. > ARTKLEL INCOR,.GA MFDEMOF F11,11,,.-,— GOVERNMENT > ARTKLER.-THEY AGECOUNCIL ARTICLE L-INCORRORATION;FORM OF GOVERNMENT % B _ > ARTKLERL-VILLAGEAMAINISTRATON > ARTICLE N.-MUNICIPAL POWERS Section 1.01.-Incorporation. R, .. > ARTKLE V.-TAMATNN THe IUIICIPI Fereby eebbliGNeb Mall be­1 as Me VITUge OfTequeGIR.FbNEa.Ta TeEII IIIIttItG of GaId NunlNpa£LY are AePolM at Get TOM below. > ARTKLEN.-INNIATNEAND VILLAGE OF TEDUESTA IT FERENOUM LEGAL OP_SCRIRUON > ARTICLE VR-MI$CELIANEOUS A PARCEL OF LAND LYING IN SECTIONS 25,jE.27.35 AND 36.NWMSHIP 40 SOUTN,RANGE PROVISIONS AZ FAST.SECTIONS RR_M AND 32.TOWNSHIP 40 SOUIM.RANGE 43 EAST.AND THE CON EZ GRANT.PALM EEACH COUNTY.FLORIDA.MORE PARTICULARLY DESCRIBED AS FOLLOWS. CHARTER COM PAFFATNE TABLE ORDINANCES COMMENCING AT THE NORTHEAST CORNER OF SNO TION 2G SEC THENCE WESTERLY ALONG TH NORTH E NOR LINE OF SAID 5ECTON 2E TO THE CENTERLINE OF THE NORTH LOGIN OF THE LO W.HATCHEE RiYER AND THE POIMOF BEGINNING:THENCE ALONG 50.10 LEMEPLINE 9F THE NORTH FORK TO THE EAST-WEST OVARTER SECTION LINE OF SAID SECTION 25:THENCE W ESTERLY ALONG SAT❑ > CNapte11-GENERALFROV190N5 QLARTERLIKETOTHEEASTERLY > CIR I.2-ADMINISTRATION RIGHT-0E-WAV LINE OF GULFSTREAM DRIVE THENCE SOUTHERLY ALONO SAID EASTERLY RIGHT TF LINE TO THE NORTH LINE OF BERMUDATERRACf.SECHONIAERECDRDFDINP BO EK > Chaple14.ALARMS PAGE23,PALMBFACA CONI FLONDA PUBLIC RECORDS:THENCE WESTERLYALONG SAID NORTH LINE OF SERMUDA TERRACE,SECTION I AND ALONG THE NORTH LINE OF RERMUDATERRACE SEQ19M2 AS REGORGED IN—ROOI(25.PAGE SIR PALM BEACH COUNTY.FLORIDA PUBLYC RECORDS AND ALSO ALONG THE NORTH LINE OF BERMUDA TERRACE,5EZUQU AS RECORDED IN PLAT > LNaPter E-ALCO—BEVERAGES EpOK 25�PAGE 198.PALM BFA[H COVNn,FLORIDAPVBLICRECORDS,THENCE SOMIERLV ALONG THE WEST LINE OF SAID SERMUDATE FRACE,gEQLpN,j AND ALONG THEWEST ONEOF S D > CNapterl0-ANIMALS BEAMUCATERRACE SECTION ITO THE POINT OF CURVATURE OF--ERNE AT THE SOUMWEST CORNER OF LOT I OF SAID EERMU DA TERRACE SECTION I:THENCE ALONG SAID CURVE TO ITS POINT OF TANGENCY ON THE SOUTH LINE OF SND BERM UDA TERRACE SECTION 1:THENCE EASTERLY ALONG SMD SOUTH LINE TO THE EAST LI HE OF SAID SERMODA TE—E SECTION 1:THENCE NORTHERLY > CR III 14-EUILDINGS AND BUILDING ALGREI—EBA>TLINEOF SAID BETEODATEFRACE.SECTION I.4BD.76 FEET:THENCE EASTERLY PARALLEL TO THE NORTH RIGHT OF-WAY LINE OFTECUESTA ONNE TO THE WEST LINE OF PINE TREE REGUTATONS DRP THENCE5011THERLYALONGSAIDWESTLINEOFPINETREEDRIVE TOAPOINT145,30FEET NORTH OFSMDNORTHRIGHT-0E-WAYOFTEDUESTADRIVEAS ME LUREDPAR4LIELTOSAIDWEST Chair Abby Brennan Vice-Chair Kimberly Kraft Member Gary Vonk Member Marcia Nielson Member David Hudson RECOMMENDATION # 1 Change Council terms from 2-year terms to 3-year terms Add a two-term limit Reorganization meeting on off election years PP References: ARTICLE II. —THE VILLAGE COUNCIL Section 2.01 —Selection, Term and Compensation .w Section 2.06 — Mayor and Successorsa QUESTION QUESTION 1 "CHARTER AMENDMENT PROVIDING FOR COUNCILMEMBER THREE YEAR TERMS, TERM LIMITS, AND REVISED COUNCIL REORGANIZATION" "SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO INCREASE COUNCILMEMBER TERMS FROM TWO YEARS TO THREE YEARS, AND TO ADD NEW TERM LIMITS OF THREE CONSECUTIVE TERMS, THEREAFTER REQUIRING A ONE TERM WAITING PERIOD BEFORE RUNNING FOR OFFICE AGAIN, AND TO REVISE VILLAGE COUNCIL RE- ORGANIZATION PROCEDURES TO CONFORM WITH THE NEW THREE-YEAR TERMS?" 1 • WHAT THE AMENDMENT WOULD DO • Present term for council is 2 years. This amendment would increase term to 3 years. • Presently no term limit. This amendment would limit a council member to 3 terms (9 years). • After serving 3 terms, a council member would have to wait a full term (3 years) to run again for office. • Change the election cycle: • Year one - 3 seats would be up for election (3 year term) • Year two - 2 seats would be up for election (3 year term) • Year three — no election (saves the taxpayers money) BEHINDTHE ISSUE THREE YEAR TERMS • Former council members have shared that it takes a year to get "up to speed" on Village issues. By expanding the term to three years, a council person would be more effective and knowledgeable on important issues. • It is very expensive to have a municipal election. Passage would eliminate the cost of one council election every third year. • The trend in municipal government is three year terms. • More residents might consider running for council if there was a longer term. TERM LIMITS • One former council person was on the council for 16 consecutive years. This would eliminate that possibility. • Residents would know when a seat has termed out and would not have an incumbent running or returning. • Council member would have a time line on which to base their priorities to enact legislative action. IMPORTANT NOTE: Both 3 year terms and term limits are included in question one. � RECOMMENDATION #2 Add Candidate Residency . . ........... .............. .. ..... - ,�& ' f « References: ARTICLE 11. —THE VILLAGE COUNCIL Section ±O2 —Qualifications and Disqualifications QUESTION QUESTION 2 "CHARTER AMENDMENT PROVIDING A CONTINUOUS ONE YEAR RESIDENCY REQUIREMENT PRIOR TO SERVING AS A COUNCILMEMBER" "SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO REQUIRE ANY PERSON RUNNING FOR THE OFFICE OF VILLAGE OF TEQUESTA COUNCILMEMBER TO HAVE RESIDED IN THE VILLAGE OF TEQUESTA FOR A MINIMUM OF ONE CONTINUOUS YEAR PRIOR TO BEING ELIGIBLE TO QUALIFY AND RUN FOR THE OFFICE OF COUNCILMEMBER?" 1 • WHAT THE AMENDMENT WOULD DO Any candidate would have to prove that they have resided in the Village of Tequesta for one continuous year. IMPORTANT NOTE: The present charter does not address a residency requirement to run for office. BEHINDTHE ISSUE The committee and council felt it advantageous, to both the candidate and the village, for candidates to have knowledge of the village, its unique character, history, and government; and to have integrated into the community to be an effective council member who can understand the issues facing the community. � RECOMMENDATION #3 Tie Votes (Run-off) - ,�& ' f References: ARTICLE 11. -THE VILLAGE COUNCIL - \ _ . . SeaSn ±OS -VcanciesandFoRGture of Office Section ±O1 -Selection, Term and Compensation QUESTION QUESTION 3 "CHARTER AMENDMENT PROVIDING FOR DRAWING OF LOTS TO RESOLVE A TIE VOTE BETWEEN COUNCILMEMBER CANDIDATES" "SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO ELIMINATE THE REQUIREMENT FOR RUNOFF ELECTIONS TO RESOLVE TIE VOTES AMONG CANDIDATES FOR COUNCILMEMBER OFFICE, AND TO INSTEAD PROVIDE FOR THE DRAWING OF LOTS?" SPECIAL ELECTIONS What is a special election? By definition, a special election is scheduled at a time other than the usual date for a specific purpose* *source : yourdiction.com What is the process for a special election? • The Municipal Clerk works with the County Supervisor of Elections (SOE) to determine the specifics of the election including a date for the election. The SOE determines if they have the ability and staffing to hold a special election. • Special elections are held in months other than March. • The cost of a special election in Palm Beach county is approximately $35,000-$50,000. 1 • WHAT THE AMENDMENT WOULD DO In lieu of a special election, and in the case of a tie vote, a simple "casting of lots" would determine the election result. BEHINDTHE ISSUE No Village election has resulted in a tie vote. However, there have been several elections, when the count was close, including the election in 2021. RECOMMENDATION #4 Vacancies Temporary Appointments ............................ ................. w. References: w ARTICLE II. —THE VILLAGE COUNCIL ` gin: „wp Section 2.05 —Vacancies and Forfeiture of Officem Section 2.01 —Selection, Term and Compensation : QUESTION #4 QUESTION 4 "CHARTER AMENDMENT PROVIDING TEMPORARY APPOINTMENTS FOR COUNCILMEMBER VACANCIES" "SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO ELIMINATE THE REQUIREMENT FOR A SPECIAL ELECTION TO FILL A COUNCILMEMBER VACANCY CAUSED BY DEATH, RESIGNATION, AND REMOVAL FROM OFFICE, OR FAILURE TO QUALIFY, AND TO INSTEAD ALLOW A TEMPORARY VILLAGE COUNCIL APPOINTMENT UNTIL THE NEXT GENERAL ELECTION?" A • WHATTHE AMENDMENTWOULD DO This amendment would empower the council to fill a vacancy until the next election (March or November). BEHINDTHE ISSUE The charter previous to the current charter stated that vacancies would be filled by the Council until the next election. In the late 1990's, there were three resignations resulting in vacancies. There was much controversy about the processes the sitting council used to fill these vacancies. This resulted in the 2000 Charter Committee recommending changes to alleviate the problem. The changes were approved by the sitting council and the voters. However, the changes initiated by the 2000 Committee are cumbersome, costly and do not specify a time limit for action. RECOMMENDATION #5 Require a Referendum of Electors to Dissolve the Police or Fire Departments. PP References: %W m ARTICLE III. —VILLAGE ADMINISTRATION Adds Section 3.06— Fire Rescue and Police Departments, Referendum Required to Dissolve, Abolish, or Outsource m m QUESTION QUESTION 5 "CHARTER AMENDMENT PROVIDING FOR REFERENDUM VOTER APPROVAL PRIOR TO DISSOLVING THE POLICE OR FIRE DEPARTMENTS" "SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO REQUIRE A REFERENDUM AND VOTER APPROVAL PRIOR TO ANY FUTURE CONSIDERATION BY THE VILLAGE COUNCIL FOR DISSOLVING, ABOLISHING, OR OUTSOURCING THE VILLAGE OF TEQUESTA POLICE DEPARTMENT OR FIRE RESCUE DEPARTMENT?" BEHINDTHE ISSUE Many local municipalities utilize the Palm Beach County Sheriff's Department and/or the Palm Beach County Fire Rescue Department for emergency services. Over the years, some residents have voiced the opinion that Tequesta should consider transferring our local departments to county services. Traditionally, Tequesta has always had its own police department. In 1957, at the third meeting of the newly incorporated Village of Tequesta, Council established the police department by hiring Paul "Freddie" Dahlmeyer as its first police officer. Fire services evolved over the years resulting in a 1993 referendum (vote of the residents) establishing the Tequesta Fire Department. Ambulance services began as volunteers and were integrated into our fire department in the late 1990's. Because of our tradition and history, the committee felt that in a matter as important as emergency services, the residents should have the right, by way of a vote, to determine if any changes should be made. RECOMMENDATION #6 Housekeeping and internal language cleanup without any substantive changes. Examples: Add zoning map to legal description , r�r ri up Language changes to Manager and Clerk's Office Article reorganization Clarifying language for Oath of Office References: ARTICLE 1. — INCORPORATION; FORM OF GOVERNMENT ARTICLE II. —THE VILLAGE COUNCIL Section 2.03 —Oath of Office ARTICLE III. —VILLAGE ADMINISTRATION Section 3.02 —The Village Manager—Appointment, Removal, Qualifications, Vacancy Section 3.04—The Village Clerk ARTICLE V. —TAXATION ARTICLE VI. — INITIATIVE AND REFERENDUN ARTICLE VII. —LEGAL STATUS OF CHARTER AND LAWS; VESTED RIGHTS; PENDING MATTERS QUESTION • QUESTION 6 "CHARTER AMENDMENT PROVIDING FOR NON-SUBSTANTIVE TEXT EDITS, INTERNAL CONSISTENCY, AND GENERAL CLARIFICATION AND ORGANIZATION" "SHALL THE VILLAGE OF TEQUESTA CHARTER BE AMENDED TO PROVIDE NON- SUBSTANTIVE TEXT EDITS, INTERNAL CONSISTENCY, GENERAL LANGUAGE CLARIFICATION, AND ORGANIZATION IN ACCORDANCE WITH ORDINANCE 12-22, PASSED AND ADOPTED BY THE VILLAGE COUNCIL ON JULY 141 2022?" 1 • WHATTHE AMENDMENTWOULD DO This is simply a "clean up" amendment which eliminates redundancies, grammatical errors, inconsistencies, etc.