HomeMy WebLinkAboutDocumentation_Regular_Tab 09_08/09/2012 =��`� �� VILLAGE OF TE Redistributed from July Council
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AGENDA ITEM TRAN Meeting
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular
7/12/12
Consent Agenda: No Resolution #:
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Originating Department: Village Attorney and Village Clerk
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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
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Budget Transfer Required: No �� Appropriate Fund Balance: No
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4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shof description of the agenda iiem)
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: y � �Ul�" Finance Director: ❑ Reviewed for Financial
Sufficiency
, �``�, No Financial Impact
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Attorney: (for legal sufficiency) Yes ❑ No ❑
Village Manager: /''� �-�
• SUBMIT FOR COUNCIL DISCUSSION: [-�
� APPROVE ITEM: ❑
• DENY ITEM: �
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TRELA J. WH11E, 1ELHCOP�It (561) 586-%11
SRADIBY W. BIGGS*"
KETPH W. DAVIS�' * Bo�d Caofi� in City, Ca�,Y sad I�ca! Govetnmrat Iaw
R MAX IAHMAN " State Cati6ed Co�rt.Y amd Cin�# Cwrt Modis�or
AB�GAII. FnRKES7ER JORAiVDBY ••AICP.1� AP
]ENNIFIIt GARDNER ASH'PON
ERIN L DEADY, P.A.. Of Camsdss
MEMflRANDUM
TO: Mayor Paterno; Vice Mayor Arena; Council Members Brennan, D'Ambra, and
Okun; and Village Manager Couzzo
FROM: Village Attorney Keith W. Davis, Fsq. �
DATE: June 28, 2012
RE: Appoinm�ent of the Palm Bea�h Covnty 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 sp�ifically appoint her Office, or her Office's designee, as a member
of the Village Canvassing Boatd, or she will no longer ca.nvass the Village's municipal eledions.
Ordinance 8-12 proposes to constitute the membership of tlre village's canvassing board, and
include the Supervisor of Flections, the Village Clerk and one Council Member who is not
nuining for el�tion, and bring the Village Code into c�formance wit� the Supenrisor of
Elections' requiremen�
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ORDINANCE NO. 8-12
AN ORDINANCE OF THE VII.LAGE COUNCII. OF THE VII.LAGE OF
TEQiJESTA, FLORIDA, AMENDING 1'HE VII.LAGE CODE OF
ORDINANCES AT CAAPTER 2. ADMINISTRATION. AT �ARTICLE V.
ELECTIONS. DIV�SION L GENERALLY. BY CREATING AN
ENTIRELY NEW SEC. 2-232. CANVASS AND CERTIFICATION OF
ELECTIONS. TO PROVIDE FOR THE COMPt3SITION OF THE
VII.LAGE'S ELECTIONS CANVASSING BOARD; TO INCLUDE TI�
PALM BEACH COUNTY SUPERVISOR 4F ELECTIONS, OR
DESIGNEE, THE VII.LAGE CLERS, OR DESIGNEE, AND ONE
C4UNCiL MEMBER, TO CANVASS ALL VII.LAGE MUNICIPAL
ELECTI4NS; PROVIDING THAT EACH AND EVERY 01'HER
SECTION AND SUBSECTION OF CHAPTER 2 ADNIINISTRATION.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICI'S CLAUSF A SEVERABII.ITY
CLAUSE AND AUTIiORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR 01'HER PURPOSES.
WHEREAS, the Palm Bea�ch County Supervisor of Elections requires that she be
appointed as a member of a municipality's canvassing bo�rd in tt� munici�lity's elections c�de
in order for her to participate as a�ember of said canvassing boazd; and
WSEREAS, the Village Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 2. Adminislration. at Article V. Elections. Division 1. Generally.
by creating an entirely new Section 2-232 entitled "Canvass aad certificatian of elections" in
order to appoint the Pal�m Beach County Supervisor of Elections, or desigaee, as a member of the
Village's Ganvassing B�atd; anci
WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and welfaze of the citizens of the Village of Tequesta that the
Village amend its elections oocie in conformance with the Florida Election Code and oertain
pronouncements made by the Palm Beacl� County Supervisar of Elections.
NOW, THEREFORE, BE TT ORDAINID BY THE VILLAGE COUNCII. OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Se�ion 1: Chapter 2. Administration. of the Coc� of Ord,ina�nces of the Village of
Tequesta is hereby amended at Article V. Elections. Division 1. G�nerally. 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,
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along with the Village Clerk, ar designee, to canvass all Village municipal eledions; providing
that Sec. 2-232 shall hereafter read as follows:
Se� 2-?3�. Canv� �ed a�ir�t�. ��
e V'11_ � Clerk of the V'llage of Teaue.sta. or desi�e al�nn��th the Pa1m Beach
o�ntv Sunervi�r of Eler+io .. or des' Qn _ sh 11 �vass �d c�ifii �nv m�ni�i�1 election in_
the Village of Teauesta. �urs �s�nt rn the rea�Lrements set forth in S�. 100.3605_ Florida
Stntstos. �d L conformance wit� �v anrnaved and e �ve ,�eement between the ViLla_�e af
Teauesta and the Palm Bea h Co nrv S nerv' nf F.1Prtion. . Ad itio allv. the V'1�aQe Council
bv resolution shall rnovide that one Councilmember. which mav include the Mavor. ���
''on i eithPr nnt ccheci„led to be voted �,�n or who is uno�osed_at the election b�ing
caavassed shali �so be a memher of the V'Lage c�nvassing board.
Secs. 2-�3 � — �?.�0. Re�erved.
Sedion 2: The Village Clerk is hereby directed to transmit a certified oopy of this
ordinance to the Palm Beach County Supervisor of Eledions located at 240 South Military Trail,
West Palm Beach, F7orida 33415 with� mailing address of P.O. Box 22309, West Palm Be�ch,
Florida 3341b-2309.
S�n 3: F.ach and every other Secbion and Subsection of Chapter 2.
� Administration. shall remain in full force and effect as previously adopted.
S�ion 4: All ordinauces or parts of ordinanoes in conflict be and the same are
hereby repealed.
S�on 5: Shoiild any section or p�ovisi� of dus Ordinanoe or any portion thereof,
�Y Paz'�P sent�ce or word be d�lared by a court of competent jurisdic�ion to be invalid,
such decision shall �t affect the validity of tl� remainder of this Ordinance.
i6: 5pecific authority is hereby grant�i to codify this Ordinanee.
Section 7: This Ordinance shall take effect �iately upon passage.
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