HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 01_01/07/2013 (2) VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: Ord 18-12 Second Reading
12/13/12 (Revised from 1 Reading)
Consent Agenda: No Resolution #:
Originating Department: Legal
� � � • • � � : - � • -�•
ORDINANCE 18-12. SECOND READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 2. ADMINtSTRATION. AT ARTICLE II. VILLAGE COUNCIL, TO PROVIDE CLARIFYING
LANGUAGE AND INTERNAL CONSISTENCY; AT ARTICLE III. OFFICERS, EMPLOYEES AND
DEPARTMENTS, TO CLOSE THE PUBLIC SAFETY PENSION PLAN TO NEWLY HIRED POLICE
OFFICERS AFTER FEBRUARY 1, 2013 AND AMENDING EXHIBIT B ACCORDINGLY AND TO MAKE
CERTAIN INVESTMENT CHANGES RECOMMENDED BY THE FUND'S INVESTMENT MANAGER AND
MONITOR, AND TO PROVIDE FOR VARIOUS VILLAGE OFFICERS AND DEPARTMENTS; AT ARTICLE IV.
CODE ENFORCEMENT, TO REVISE THE TERM OF EMPLOYMENT FOR THE CODE ENFORCEMENT
SPECIAL MAGISTRATE, AND TO UPDATE NOTICE REQUIREMENTS IN ACCORDANCE WITH STATE
LAW; AND AT ARTICLE V. ELECTIONS, TO PROVIDE CLARIFYING LANGUAGE AND INTERNAL
CONSISTENCY AND TO PROVIDE FOR THE FILLING OF A COUNCIL MEMBER ELECT VACANCY
: � . . -.
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Choose an Appropriate Fund Balance: Cho�s� an item.
item.
� • � •- • .
,...� . .
Department Head Provided by Legal �
Finance Director
Reviewed for Financi I $ufficiency ❑
No Financial Impact
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: [�
Approve Item: ❑
Deny Item: �
` � • •' • • .• - • -• - • • -
•- • •• - • • -• • . - � - - •
Form Amended: 7/12/12
� ���� j �����
MEMORA11lDUM
��
FINANCE DEPARTMENT
DATE: DECEMBER 4, 2012
TO: LORI MCWII,LIAMS, VII,LAGE CLERK
FROM: JOANN FORSYTHE, FINANCE DIRECTOR
RE: ACTUARIAL VALUATION OF COST TO CLOSE THE POLICE PENSION
PLAN
Lori,
The valuation performed by Gabriel Roeder Smith, regarding the cost of closing the Police Pension Plan
should be attached to Ordinance 18-12. According to Bonni Jensen, attorney for the pension trust, the
valuation is required by statute to be presented to the Village Council prior to the second reading of the
Ordinance 18-12.
12J4/123:02 PM
J� G��riel Roe�er Smith & Company �ne East Broward Blvd. 454.527.1616 phone
Consultants & Act��aries Suite 505 954.525:0083 fa:t
�'t Lauderdale, FL 33301-1804 www.gabrielroeder.com
November 28, 2012
Ms. Jody Farsythe
Finance Director
Village of �Tequesta
345 Tequesta Dr.
Tequesta, FL 33469-0273
Re: Village of Tequesta Public Safety Ufficers' Pension Trust Fund
Dear Jody:
As requested, we are providing an Aetuarial Impact Statement for the praposed amendtnent which wauld
close the Flan to palice officers hired an or af�er January l, 2013.
We have enclosed an exhibit showing a 24-year projectian of the required emplayer contributions to the Plan
for police officers under bc�th the current plan provisians and the proposed plan design. The exhibit does not
include any additional employer cantributions to the Defined Contribution Plan for new palice officers. It is
irnportant to note that these figures assurne there are no future gains or losses, with the exception of an
antieipated investment return on the marl�et value of assets of 15%o during the fiscal year ending Septernber 30,
2012.
The projections of the cost far the closed plan are shown under two scenarit�s. Under one scenario, we have
reflected the same assumptions and methods used for the t�ct4ber l, 2411 Actuarial Valuaticrz� Report.
TJnder the second scenaria, we have reflected ehanging the funding rnethod frorn the Entry Age Nortnal
method to the Aggregate methad. The Aggregate method is more appropriate for a closed plan since the
obj ective of this methad is to fully fund the Plan's liability by the time the last active mernber retires.
Sinee the praposed date af closing the Plan is January l, 2013, we have reflected the receipt of Chapter 1$5
revenue during fiscal year ending September 30, 2013 based an the amount received during fiscal year ending
September 30, 201 Z. The Plan would forfeit Chapter 185 revenue going forward.
Addi:tional changes ineluded in the praposed amendment are as follaws:
■ Pravisions are added allowing a retired member to change his or her beneficiary desi up to
two times without the approval of the current beneficiary and without proof af good health of the
current ben�ciary.
■ Pravisions related to the Baard of Trustces are added which apply when the active police officer
mernbership is less than ten.
■ Investment policies are ehanged by allowing up to 5% of the portfolio to be invested in bonds belaw
the investment grade, limiting foreign investments in Ya:�ee Bonds to S% of the tatal fund, liiniting
the value of bc}nds issued by any single corporatian to S°lo of the total fund, and changing the limit an
equities frorn 60% of the original cast value to 70%0 of the current market value.
In our opinic�n, these add'ztional changes would have no significant actuarial impact on the Plan. The first
additional charage listed abave allows retirees ta ehange their joint annuitant as many as two times after
payments commenee. This provisian will open the door to what is referred to as "anti-selectian". Far
Ms. Jody Forsythe
No�ember 28, 2012
Page 2
example, if the retiree's joint annuitant becames terminally ill, the retiree cauld make a change to narne a
healthy jaint annuitant. This change would increase the liability afthe Plan unl�ss the shorCer expected
lifetime of the first joint annuitant is taken into accaunt when calcu�ating the amaunt of the new joint and
survivor pensian.
The anticipated cost of this provisian can be handled at the plan level or at the retiree level. If the east
is to be handled at the retiree level, the procedure shauld be described in the ordinance. One appraach
w€�uld b€ to assurne the joint annuitant is five years older than his or her actual age, unless
documentatian establishing good health is provided to the Bc�ard. If the Board does not adopt a
procedure sirnilar to the appraach shawn abave, this provisic�n may cause actuarial losses.
Members who take advantage of "anti-selection" will eause actuarial losses. Because of the difficulty in
measuring "anti-selection" and the law probability that members will take advantage of this, we da nat feel
that an estimate far advanced funding is necessary.
The Staternent must be filect with the I)ivisian of Retirement before the finat publie hearing on the ordinance.
Please have a member of the Board of Trustees sign the Statement. Then send the Statement alang with a copy
af the proposed or�iinance to Tallahassee.
Ad+ditional Disclosures
This report was prepared at the request of the Board and is intended for use by the Retirement System and
those designated or approved by the Board. Tlus report may be pravided to parties other than the Board c�nly
in its entirety and only with #he perrnission af the Board.
The purpose of tihis report is to describe the financial effect of the proposed plan changes. This report shauld
not be relied on for any purpose ather than the purpose described above.
The calculatians in this report are based upon infarn�ation furnished by the Plan Administrator far the
October l, 2411 Actuaria;l Valuation concerning Plan benefits, financial transactians, plan provisions and
active rnembers, ternunated rnernbers, retirees and beneficiaries. We reviewed this information for intemal
and year-to-year consistency, but did not othenvise audit the data. We are not responsible for the accuracy or
campleteness of the infarmation provided by the P1an Administrator.
The calculatians are based upon assumptions regarding future events, which may or may nat materialize.
They are also based t�n the assurnptions, methods, and plan provisions autlined in this report. Future
actuarial measurements may differ significantly fxom the current measurements presented in this report due
ta such factors as the following: plan experience differing from that anticipated by the econamic or
demographic assumptions; changes in ecvnomic or demograpl�ic assurnptians; increases or decreases
e�pected as part of the natural operation af the methodology used for these measurements (such as the end of
an amortization period or additional cost or cantrihution requirernents based on the plan's funded status); and
changes in plan provisions or applicable law. If yau have reason to believe that the assumptions that were
used are unreasonable, that the plan provisions are incorrectly described, that important plan pravisions
relevant to this proposal are not de�cribed, ar that canditions have changed since the calculatians were made,
you shauid contact the author of the report prior to relying on inforrnation in the repart.
The under�igned actuaries are mernbers of the Asnerican Academy of Actuaries a�rid meet the Qualification
Standards vf the American Acaderny of Actuaries to render the actuarial opinions containeci herein. The
unciersigned actuaries are independent of the plan spansor.
Ga�iriel Roec�er Sxnith & Company
Ms. Jody Forsythe
Navember 28, 2012
Page 3
This report has been prepared by actuaries who have substantial experience valuing pubiic employee
retirement system�, Ta the best of aur l�awledge the informatian contained in this report is accurate and
fairly presents the actuarial pasitian of the Plan as of the valuation c3ate. A11 calculations have been made in
conforrnity with generally accepted actuarial principles and practices, and with the Actuarial �tandards of
Practice issued by the Actuarial Standards Board and with applicable statutes.
Respectfully submitted,
' r
� ��
J te�h' Palmquist, AS AAA, FCA ffr ase,
Enrolled Aetuary No. 11-1560 Enro led Actuary No. 11-6599
Enclosures
cc: Bonni Jeusen
Dixie Martinez
Gal�riei Rc�eder Stnitli & Comgany
Village of Tequesta Public Safety Of�cers' Pension Trust Fund
Impact Statement — November 28, 2012
Description of Amendments
The proposed ordinance would close the Plan to police officers hired on or after January l, 2013.
Funding Implications of Amendment
An actuarial cost estimate is attached.
Certification of Administrator
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14,
Article X of the Constitution of the State of Florida.
For the Board of Trustees
as Plan Administrator
Village of Tequesta Public Safety Offcers Pensian Trust Fund
20-Year Projection of Required City Contributions for Police Officers
Current Pian Close Plan to New Police Officers
No Changes in Assumptions or Methods Aggregate Fundiug Method
Requirect City
Contribution Reqaired City ContributRo Saving s/(Cost) Required City Contribut Saving s/(Cost)
Fiscal Year Pensionable
Ending Pay S Amount % of Pay Pensionable Pay $ Amount % of Pay $ Amount $ Amount °/a of Pay $ Amount
2013 903,343 t82,137 20.16% 869,567 174,088 20.02% 8,049 155,653 17.90% 26,484
2014 948,857 200,953 21.18% 878,020 217,398 24.76% (16,445) 196,852 22.42% 4,101
2015 996,107 215,199 21.60% 887,371 222,996 25.13% (7,797) 203,918 22.98% 1I,28t
2016 1,003,655 216,981 21.62°/a 751,156 189,367 25.2t% 27,614 174,043 23.17% 42,938
2017 1,04t,57$ 218,515 20.98% 701,894 173,508 24.72% 45,007 168,735 24.04% 49,780
2018 1,071,353 219,281 20.47% 645,533 155,315 24.06% 63,966 155,444 24.08% 63,837
2019 1,092,183 222,004 20.33% 580,753 138,510 23.85% 83,444 t42,401 24.52% 79,603
2Q20 1,148,664 232,211 20.22% 596,167 140,338 23.54% 91,873 149,817 25.13% 82,394
2021 I,207,205 245,976 2038% 609,943 143,764 23.57% 102,212 153,645 25.19% 92,331
2022 1,263,962 259,�98 20.50% 625,099 147,461 23.59% 111,637 157,525 25.20% 101,573
2023 1,325,438 272,649 20.57% 641,475 151,388 23.60% 121,261 16I,716 25.21% 110,933
2d24 1,386,741 286,375 20.65% 654,354 154,427 23.60% 131,948 164,897 25.20% 12t,478
2025 1,445,909 299,429 20.71% 663,553 156,731 23.62% 142,698 167,414 25.23% 132,015
2026 1,491,724 308,922 20.71% 608,864 143,995 23.b5% 164,926 153,92t 25.2$% i55,001
2027 1,499,396 307,833 20.53% 510,369 119,579 23.43% 188,254 13t,981 25.86% 175,852
2d28 1,556,92t 323,716 20.79% 517,652 126,203 24.38% 197,513 t40,646 27.17% 183,070
2029 1,555,319 321,483 20.67% 407,507 99,676 24.46% 221,80? t 11,861 27.45% 204,622
2030 1,569,247 330,464 21.06% 318,058 85,144 26.77% 245,320 93,922 29.53% 236,542
2031 1,639,109 380,089 23.19% 329,408 127,020 38.56% 253,069 107,519 32.64% 272,570
2032 1,713,548 395,600 23.09% 341,602 130,287 38.14% 265,313 112,484 32.93% 283,111
2033 1,783,781 385,702 21.62% 354,620 t(J9,152 3Q.78% 276,550 116,174 32.76% 269,528
Total 5,824,617 3,106,348 2,718,269 3,120,573 2,704,044
Total Present Yalue 2,824,38ti 1,792,440 1,031,940 1,767,316 1,057,065
* Does not include contnbution to the Defined Contribution Plan.
Descriation of Piaa Provision Chanses
- Cunent active police officers continue to accrue benefits under the current Plan with no changes in benefit provisions.
- Future new police officers enter a Defined Contribution Plan.
Assumptions and Met6ods
Investment Return Assumption 7.50%
Funding Method Entry Age Normal for Cunent Plan; Proposed Plan results shown using Entry Age Normal {current xnethod) and Aggregate (proposed method)
Salary Sca1e 6.00% p�' year
Martaiity Assumption RP-2000 with Projected Mortality Improvements
No future non-investment gains or losses
Prepared by Gabriei, Itoeder, Smith and Company
November 28, 2012
ORDINANCE NO. 18-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 2. ADMINISTRATION. AT ARTICLE II.
VILLAGE COUNCIL, TO PROVIDE CLARiFYING LANGUAGE AND
INTERNAL CONSISTENCY; AT ARTICLE III. OFFICERS,
EMPLOYEES AND DEPARTMENTS, TO CLOSE THE PUBLIC SAFETY
PENSION PLAN TO NEWLY HIRED POLICE OFFICERS AFTER
FEBRUARY 1, 2013 AND AMENDING EXHIBIT B ACCORDINGLY AND
TO MAKE CERTAIN INVESTMENT CHANGES RECOMMENDED BY
THE FUND'S INVESTMENT MANAGER AND MONITOR, AND TO
PROVIDE FOR VARIOUS VILLAGE OFFICERS AND DEPARTMENTS;
AT ARTICLE IV. CODE ENFORCEMENT, TO REVISE THE TERM OF
EMPLOYMENT FOR THE CODE ENFORCEMENT SPECIAL
MAGISTRATE, AND TO UPDATE NOTICE REQUIREMENTS IN
ACCORDANCE WITH STATE LAW; AND AT ARTICLE V.
ELECTIONS, TO PROVIDE CLARIFYING LANGUAGE AND
INTERNAL CONSISTENCY AND TO PROVIDE FOR THE FILLING OF
A COUNCIL MEMBER ELECT VACANCY; 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 Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 2. Administration. to generally provide clarificatio� and internal
consistency throughout this Chapter; and
WHEREAS, the Village Council of the Village of Tequesta. desires to amend the Village
Code of Ordinances at Chapter 2. Administration. to provide for certain Village officers,
employees and departments; and
WHEREAS, the Village Council of the Village of Tequesta desires to arnend the Village
Code of Ordinances at Chapter 2. Administration. to close the public safety pension plan to
newly hired police officers after January 1, 2013, to make investment changes recommended by
the fund's manager and monitor, and to amend Exlubit B(Public Safety Officers Pension Trust
Fund) accordingly; and
WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 2. Administration. to revise the employment term of the code
Page 1 of 10
enforcement special magistrate, and update notice requirements in accordance with sta.te law;
and
WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 2. Administration. to provide for the filling of a cauncil member
elect vacancy; and
WHEREAS, 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 Chapter 2. Administration, as stated herein.
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 II. Village Council, to provide clarifying language and
internal consistency; at Article III. Officers, Employees and Departments, to close the Public
Safety Pension Plan to newly hired police officers after January l, 2013, and amend Exhibit B
(Public Safety Officers Pension Trust Fund) accordingly, and to provide for various Village
officers and departments; at Article IV. Code Enforcement, to revise the term of employment for
the code enforcement special magistrate, and update notice requirements in accordance with state
law; and at Article V. Elections, to provide clarifying language and internal consistency, and to
provide for the filling of a council member elect vacancy; providing that Chapter 2.
Administration. shall hereafter read as follows:
Chapter Z.
ADMINISTRATION
ARTICLE I. — BOARDS, COMMITTEES AND COMMISSIONS
[This Article shall remain in full force and effect as previously adopted]
ARTICLE II. — VILLAGE COUNCIL
Sec. 2-31. - Eli 'ig bilitv for office.
Sec. 2-32. - Special meetings.
Sec. 2-33. - Council member serve on public safety pension board or general emploYees
pension board.
Sec. 2-34. - Villa�e 11°gos•
Page 2 of 10
Secs. 2-35-2-60. - Reserved.
Sec. 2-31. - Eligibility for office.
In order for any individual to be eligible to serve on the village council, he or she must
have the qualifications prescribed by section 2.02 of the Charter.
Sec. 2-32. - Special meetings.
(a) Call; notice; contents. Special meetings of the village council may be called at any
time bv the mavor or bv a maioritv of the villa�e council; however, at least three days'
notice of such snecial meetin must be given. Such notice may be by announcement
at a regularly scheduled village council meeting or may be in writing, signed by the
village manager or mayor. If notice is given by mail, it shall be mailed to the
residence of each councilmember, and the notice period shall begin on the date of
mailing. The contents of the notice shall be placed in a conspicuous place in the
village hall and sha11 also be nosted on the Villa�e's website.
(b) Waiver of notice. If all councilmembers consider the matter to be taken up at the
special meeting to be urgent and of sufficient importance to the welfare of the village,
the three days set forth in subsection (a) of this section may be waived by the
unanimous consent of all five councilmembers. Such waiver sha11 be in writing and
shall be apnended to s��e�t the minutes of the s eci meeting. The notice shall
still be placed in a conspicuous place in the village hall, and shall also be nosted on
the Vill�e's website.
(c) Limztation on consideration of'business. T'he only matters to be considered at special
meetings shall be those matters set forth in the notice described in subsection (a) of
this section.
Sec. 2-33. - Council member �.,� se�e on public safety pension board or general
employees pension board.
A member of the village council may serve in an ex officio capacity as a member of e�
the Villa�e's public safety pension board or t�e general empioyees' pension board ��+"° �'�"°^°
e�T�eq�es��.
Sec. 2-34. - Village logos.
[This Section shall remain in fu11 force and effect as previously adopted)
Secs. 2-35-2-60. - Reserved.
ARTICLE III. - OFFICERS, EMPLOYEES AND DEPARTMENTS
DIVISION 1. – GENERALLY
Sec. 2-61. - Pension trust funds.
Page 3 of 10
Secs. 2-62-2-80. - Reserved.
Sec. Z-61. - Pension trust funds.
(a) General employees. The Village of Tequesta hereby creates and continues the
General Employees' Pension Trust Fund for the purpose of providing retirement,
death and disability benefits to members of the fund, certain former general
employees and survivor benefits to beneficiaries.
(b) Public safety officers. The Village of Tequesta hereby creates and continues the
Village of Tequesta Public Safety Officers' Pension Trust Fund for the purpose of
providing retirement, death and disability benefits to police officers and firefighters
who are members of this fund, certain former village police officers and f�refighters
and survivor benefits to beneficiaries.
(cl Police O�cers hired after Februaf 1. 2013. The Villa.�e of Teauesta. Public Safetv
Officers' Pension Trust Fund shal� be closed to anv new nolice officers hired after
Februarv l, 2013. All nolice officers hired after Februarv l. 2013 shall be offered the
onnortunitv to narticinate in a defined contribution nrogram.
Editor's note—
Ordinance No. 585, § 1, adopted December 11, 2003, set out provisions intended for use
as section 2-30. For purposes of classification, and at the editor's discretion, these
provisions have been included as section 2-61.
Ord. No. 585 incorporated Exhibits A and B as part of this section and is on file and
available for public inspection in the office of the village clerk.
�bit B is amended to effectuate nart !cl of this section in coniunction with this
ordinance.
Secs. 2-62-2-80. - Reserved.
DIVISION 2. - VILLAGE MANAGER �ND VI��AGE CLEIZi�
Sec 2-81 –�illage Mana�er; Authority and duties *� °^+°„ �~+^ ��H+
Sec. 2-82. – Village Clerk: Authoritv and duties.
Secs. 2-83 8� — 2-100. - Reserved.
Sec. 2-81. – Village Manager: Authority ���� d��tie .
��nerallv The Villase Mana�er shall �enerallv be vested with the authoritv and
�uties as set forth in Sec 3 03 of the Villa�e Charter
� Contracts. The Village manager is authorized to sign contracts in the maximum
amount of $25,000.00 without prior village council approval.
�g� �-$2 – V'Llla�e Clerk: Aut horitv and duties.
Page 4 of 10
Generallu The Villa�e Clerk shall �enerailv be vested with the authoritv and duties as set
forth in Sec. 3.04 of the Villa�e Charter.
Secs. 2-$� 83 — 2-100. - Reserved.
DIVISION 3. - DEPARTMENT OF COMMUNITY DEVELOPMENT
Sec. 2-101. - Created; functions.
Sec. 2-102. - Supervision.
Secs. 2-103-2-104 -�38. - Reserved.
Sec. 2-101. - Created; functions.
�a. There is hereby created a department of communiiy development,.
b� The denartment of communitv develonment shall be resnonsible for all nlannin�
activ in the Villa�e includin� ann exations the comnrehensive nlan and land
_. _ – --_-- -
develonment re�ulations In addition the denartment of communitv develonment
s–�1 ��1 i clu e ar�d incorporate all functions of the building
department.
Sec. 2-102. - Supervision.
� The denartment of communitv develobment shall be mana�ed and onerated bv a
�ommunitv develonment director who sha11 be an a�ointive administrative official
annointed bv the villa�e mana�er.
�b The department of community development. includin� the communitv develonment
director, shall be subject to general supervision and control by the village manager.
Secs. 2-103-2-�Q4 �3A. - Reserved.
DI �ION 4 – FIR �iESCUE DEPARTMENT
Sec 2-105. - Created: function.�,
Sec. 2-106. - Supervision.
Secs 2-107-2-108 - Reserved
Sec 2,-105 - Created;.._function�,
� There is herebv created a fire rescue denartment.
b� The fire arescue deuartment shall be com�osed of the chief of the denartment and such
�ther nerso and emnlovees as mav be annointed thereto bv the villa�e mana�er.
�n accordance with Chanter 34. Fire Protection and Prevention. the fire rescue
Page 5 of 10
dena�rtment sha11 be resnonsible for a11 fire res activities within the Villa�e and anv
adiacent areas nursuant to interlocal a�reement, if anv.
ec. 2-106. - Sunervision.
� The fire rescue denartment shall be mana�ed and o�erated bv a chief who sha11 be an
anDOintive a official annainted bv the vi llaee mana�er. The chief sha11
have control and sunervision of all the matters relatin� to the fire rescue denartment.
The chief shall have the custod and control of all annaratus, machinerv, or other
na_ranhernalia of the fire rescue denartment and sha11 have the nower to use and cause
to be but in service all or anv nart of the annaratus belon�ing to the fire rescue
debartment.
b� T e fire rescue denartment, including the fire chie£ shall be subiect to �eneral
supervision and control bv the village mana�er.
Secc 2-107 2-108 - Reserved�
pIVISION 5 POLICF �EPAR�MENT
S�c. 2-109. - Created, functions.
Sec. 2-110. - Su�ervision.
Secs -111-2-112 - Reserved.
S�c�2-109� - �rea�ed; fuqctions
�a. There is herebv created a nolice denartment.
� The nolice denartment shall be comnosed of the chief of the denartment and such
other nersonnel and em nlovees as mav be annointed thereto bv the villa�e mana�er.
_ _ - - ---_
In accordance with Chanter 42. Law Enforcement, and all annlicable state law. the
t�olice denartment shall be resbonsible for all law enforcement activities within the
Villa�e and anv adiace areas nursuant to interlocal agreement, if anv.
Sec. 2-110. - Sunervision.
�a he nolice de�arhnent shall be mana�ed and onerated bv a chief who shall be an
annoin administrative official abn ointed bv the village mana�er The chief shall
have control and sunervision of all the matters relatin�to the nolice denartment. The
chief shall have the custodv and control of all abnaratus, machinerv. or other
naranhernalia of the nolice denartment and shall have the nower to use and cause to
be nut in service all or a�nv nart af the auuaratus belongin t� o the nolice debartment.
b� The nolice denartment. includin� the nolice chief. shall be subiect to �eneral
unervision and control bv the villa�e manaser.
Page 6 of 10
Secs. 2-�1� 2-112� - Reserved.
�Iy��ION 6 OTHEI,� DEPARTMENTS
Sec. 2-113. – Created; functions.
Sec. 2-114. – Sunervision; staffing.
Secs 2-115-2-130 - Reserved
�.�c. 2-113. - Created: functions.
� The followin� denartments are herebv created pursuant to Sec. 3 Ol and 3.05 of the
Villa�e Charter:
i. Finance
ii Hum�..n Resources
iii. Parks & Recreation
iv. Public Works
v. Water Plant Mana�er
b� The functions of each of the above denartments shall be established nursuant to Sec
3 OS of the Villa�e Charter and mav be amended or revised from time to time
� The Villa�e Council mav. from time to time. create additional denartments, or abolish
denartments nursuant to the authoritv nrovided in Sec. 3.05 of the Village Charter.
Sec. 2-114. – Sunervision: staffm�.
The dena,rtments listed in Sec. 2-113 shall �enerallv be sunervised and directed bv the
villa.ge mana�er. who shall also aniaoint denartment heads ta be directiv resnonsible for the
oneration of their resnective dena�rtments All denartrnent staffin� shall be at the discretion of the
villase mana�er.
Secs. 2-115-2-130. - Res�rved.
ARTICLE IV. - CODE ENFORCEMENT
DIVISION 1. GENEI2ALLY
[Tlus Division shall remain in full force and effect as previously adopted]
DIVISION 2. – SPECIAL MAGISTRATE
Sec. 2-151. - Designation; term; qualifications.
Sec. 2-152. - Duties• hearin�s; clerical and administrative personnel.
Sec. 2-153. - Presentation of cases b�illa e�ornev.
Page 7 of 10
Sec. 2-154. - Jurisdiction.
Secs. 2-155 2-180. - Reserved.
Sec. 2-151. - Designation; term; qualifications.
(a) There is hereby established a special magistrate who shall be appointed �es�gr�a�e� by
the village council.
�t,� �r�,o � ;�i ,,, ;�,�..,+o �t,.,it �.o „ .,,oa � « ., +o,..,, ,.�,�,>„ �,o�r�
b� �} The special magistrate shall be an attorney and a member of the Florida Bar in
�ood standin�.
�c �} The special magistrate shall serves at the discretion and by appointment of the
village council and may be removed from such position with or without cause the
villa�e council at anv time
Secs. 2-152 — 2-154 shall remain in full force and effect as previously adopted.]
Secs. 2-155--2-180. - Reserved.
DIVISION 3. - ENFORCEMENT PROCEDURE
(Secs. 2-181— 2-190 shall remain in full force and effect as previously adopted.)
Sec. 2-191. - Notices.
(a) All notices required by this division sha11 be provided to the alleged violator by:
(1) Certified mail ta,-ie�eEe�t--�e�t��ea, ,. ,.aea +�.,,+ ;� r ,,.�, ,,,.+;,.o ; o„+ , ,,,ao„_ ��,;�
�„'��°�*;�� *� *'�° ^°^� +'�° -� r°� ; °°+�^^ °+ the address listed in the tax collector's
office for tax notices, a�-a� or to any other address provided to the local government by s�s� the
nrobertv owner in writin� for the nuraose of receivin� notices. For nronertv owned bv a
cornoration notices mav be nrovided bvi certified mail to the re�istered a�ent of the corooration.
If anv notice sent bvi certified mail is not si�ned as recei within thirtv f301 davs after the date
--- -- ___
of mailing, ^a ~�°'�•�°a �'��~�°a �°���° notice may be provided by posting as
described in subsection (b)(2) of this section °�a '�_, �-�°* �'°°� m°;' a;�°^+°,� t° 4b° �a�°��°�
�
(a}(2) —(a)(4) (Shall remain the same as previously adopted}
(b) —(c) (Shall remain the same as previously adopted)
[Secs. 2-192 — 2-203 shall remain in full force and effect as previously adopted.]
Secs. 2-204 — 2-230. Reserved.
Page 8 of 10
ARTICLE V. – ELECTIONS
DIVISION 1. - GENERALLY
Sec. 2-231. – Village elections: early voting_
Secs. 2-232-2-250. - Reserved.
Sec. 2-231. – Village elections: early voting.
The manner of voting in a11 Villa�e of Teauesta. Municinal Elections'�^=•�~ °'°^+;^~° shall
be the same as is provided by the county for voting in county and state elections, unless
otherwise provided by the village council.
The Village of Tequesta hereby exercises its right to exempt itself from the provisions of
F.S. § 101.657, and shall not conduct early voting for the Village of Tequesta Municipal
Elections.
Secs. 2-232-2-250. - Reserved.
DIVISION 2. – PERSONNEL
[This Division shall remain in full force and effect as previously adopted]
DIVISION 3. – CANDIDATES
Sec. 2-271. - Qualifyin�period.
Sec. 2-272. - Filin� fee.
Sec. 2-273. - Vacancy in candidacv.
Sec 2-274 – Vacancv between election and takin� office.
[Secs. 2-271– 2-273 shall remain in full force and effect as previously adopted.]
�c 2-274 - Vacancv between election and takin� office.
In the eve�t of a vacancv caused bv resi�nation death or forfeiture of office which
occurs subseauent to an election but before the council member elect takes the oath of office
reauired bv S 2 03 of the Villa�e Charter then such vacancv shall be filled in accordance with
t e brocedures s forth at Sec. 2.05 of the Villa�e Charter.
Section 2: Each and every other Section and Subsection of Chapter 2.
Administration. shall remain in full force and effect as previously adopted.
Page 9 of 10
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
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 invaiid,
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 ta.ke effect immediately upon passage.
Page 10 of 10