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Home My WebLink AboutDocumentation_Regular_Tab 06_07/12/2012 �� VILLAGE OF TEQUESTA - � AGENDA ITEM TRANSMITTAL FORM � 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: 8-12 7/12/12 Consent Agenda: No Resolution #: Originating Department: Village Attorney and Village Clerk 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 8-12, First Readinq, Creating an Entirely New Sec. 2-232. Canvass and Certification of Elections. To Provide for the Composition of the Village's Elections Canvassing Board; to Include the Palm Beach County Supervisor of Elections, or Designee, the Village Clerk, or Designee, and One Council Member, to Canvass all Village Municipal Elections 3. BUDGET / FINANCIAL IMPACT: Account #: rvA Amount of this item: rvA Current Budgeted Amount Available: Amount Remaining after item: N/A N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Palm Beach County Supervisor of Elections Susan Bucher has advised that the Village Code of Ordinances must specifically appoint her Office, or her Office's designee, as a member of the Village Canvassing Board, or she will no longer canvass the Village's municipal elections. Ordinance 8-12 proposes to constitute the membership of the village's canvassing board, and include the Supervisor of Elections, the Village Clerk and one Council Member who is not running for election, and bring the Village Code into conformance with the Su ervisor of Elections' re uirement. 5. APPROVALS� , ` Dept. Head: ,� � �•�/�� Finance Director: ❑ Reviewed for Financial Sufficiency No Financial Impact �� '�.. Attorney: (for legal sufficiency) �' Yes ❑ No ❑ Village Manager: �� ' • SUBMIT FOR COUNCIL DISCUSSION: � • APPROVEITEM: ❑ • DENY ITEM: � �°,��G%�� ATTORNEYS AT LAW 1111 Hypoluso Road, Suite 207 `y�� .�.��62 JOHIV CORBETT TEL.E.PHONE (561) 586-7116 TRELA J. WHTTE T'ELECOPIER (561) 586-9611 BRADLEY W. BIGGS*^ KEITH W. DAVIS* * Board Certified in Ciry, Co�mty and Local Government Iaw R. MAX IAHMAN ^ State Certified County and Circuit Court Mediator ABIGAII. FORRESTER JORANDBY **AICP, LEID AP JENNIFER GARDNER ASHTON ERIN L. DEADY, P.A., Of Counsel** MEMORANDUM TO: Mayor Paterno; Vice Mayor Arena; Council Members Brennan, D'Ambra, and Okun; and Village Manager Couzzo FROM: Village Attorney Keith W. Davis, Esq. � DATE: June 28, 2012 RE: Appointment of the Palm Beach County Supervisor of Elections to the Village Canvassing Board Palm Beach County Supervisor of Elections Susan Bucher has advised that the Village Code of Ordinances must specifically appoint her Off'ice, or her Of�ce's designee, as a member of the Village Canvassing Board, or she will no longer canvass the Village's municipal elections. Ordinance 8-12 proposes to constitute the membership of the village's canvassing board, and include the Supervisor of Elections, the Village Clerk and one Council Member who is not running for election, and bring the Village Code into conformance with the Supervisor of Elections' requirement. 1 ORDINANCE NO. 8-12 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. AT ARTICLE V. ELECTIONS. DIVISION 1. GENERAI.LY. BY CREATING AN ENTIRELY NEW SEC. 2-232. CANVASS AND CERTIFICATION OF ELECTIONS. TO PROVIDE FOR THE COMPOSITION OF THE VILLAGE'S ELECTIONS CANVASSING BOARD; TO INCLUDE THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS, OR DESIGNEE, THE VILLAGE CLERK, OR DESIGNEE, AND ONE COUNCIL MEMBER, TO CANVASS ALL VILLAGE MUNICIPAL ELECTIONS; 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 Pa1m Beach County Supervisor of Elections requires that she be appointed as a member of a municipality's canvassing board in the municipality's elections code in order for her to participate as a member of said canvassing board; and WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 2. Administration. at Article V. Elections. Division 1. Generally. by creating an entirely new Section 2-232 entitled "Canvass and certification of elections" in order to appoint the Palm Beach County Supervisor of Elections, or designee, as a member of the Village's Canvassing Board; and WI�REAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its elections code in conformance with the Florida Election Code and certain pronouncements made by the Palm Beach County Supervisor of Elections. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 2. Administration. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article V. Elections. Division 1. Generally. by creating an entirely new Sec. 2-232 entitled "Canvass and certification of elections" to provide that the Village of Tequesta shall utilize the Palm Beach County Supervisor of Elections, or designee, 1 along with the Village Clerk, or designee, to canvass all Village municipal elections; providing that Sec. 2-232 shall hereafter read as follows: Sec 2-232 Canvass and certification of election The Villa�e Clerk of the Villaee of Teauesta. or desi�nee. alon� with the Pa1m Beach Countv Sunervisor of Elections. or desiQnee. shall canvass and certifv anv municinal election in the Village of Teauesta, nursuant to the reauirements set forth in Sec. 100.3605. Florida Statutes. and in conformance with anv avnroved and effective a�reement between the Villa�e of Teauesta and the Palm Beach Countv Sunervisor of Elections. Additionallv. the Villa�e Council bv resolution shall nrovide that one Councilmember. which mav include the Mavor. whose nosition is either not scheduled to be voted unon or who is unonnosed at the election bein� canvassed. shall also be made a member of the Villa�e canvassin� board. Secs. 2-3�3 �3 — 2-250. Reserved. Section 2: The Village Clerk is hereby directed to transmit a certified copy of this ordinance to the Palm Beach County Supervisor of Elections located at 240 South Military Trail, West Palm Beach, Florida 33415 with mailing address of P.O. Box 22309, West Palm Beach, Florida 33416-2309. Section 3: Each and every other Section and Subsection of Chapter 2. Administration. shall remain in full force and effect as previously adopted. Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 5: 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 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall take effect immediately upon passage. 2