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Home My WebLink AboutDocumentation_Special Meeting_Tab 19_12/08/2005VILLAGE OF TEQUESTA • MEETING AGENDA ROUTING SHEET MEETING DATE: ~ Z18/OS AMENDED MEETING DATE: SUBJECT: ~ 00 ~ i'~ ~ ~ c~~ a.~ ~~ dYL.S COVER MEMO ATTACHED: ~.es RESOLUTION OR ORDINANCE NUMBER: ~ S ~ 2- ~ ~~`~ ~ ORIGINATING DEPARTMENT: U r I ~ C~~~ ~~ DEPARTMENT HEAD APPROVAL FUNDING SOURCE: 2005/2006 BUDGET / ,~ _ - - ACCOUNT NUMBER: '` f r a a CURRENT BUDGETED AMO V ABLE: $ _ _ • AMOUNT OF THIS ITE :~`~ ~P(~ ~~oCa,o~ s BUDGETE ANCE REMAINING: GGYBACK CONTRACT NAME AND # OR COMPETITIVE BID FOR ANYTHING OVER $10,000 -ATTACH 3 BIDS) APPROVALS: _ _ _._~, /'~ ! ` FINANCE D VILLAGE MANAGER ~~ ~--~'-` v VILLAGE ATTORNEY (if Needed) Yes No PLEASE RETURN TO VILLAGE CLERK TO PLACE ON THE AGENDA • • MEMORANDUM DATE: 11 /29/05 TO: The Mayor and Members of Council THRU: Michael R. Couzzo, Jr., Village Manager FROM: Gwen Carlisle, Village Clerk~C/ RE: AGENDA ITEM - Council authorization to allow for a General Municipal Election on March 14, 2006 and if necessary a run off election March 28, 2006 in the Village of Tequesta; to allow .the Supervisor of Elections to canvass the absentee ballots and attend the Logic and Accuracy test; and to opt out of Early Voting for the 2006 Municipal Election Attached is a form from the Supervisor of Elections asking for direction by his office on the upcoming March 2006 Municipal Elections. I would ask Council to consider having Dr. Arthur Anderson, Supervisor of Elections to assist the Village of Tequesta in the 2006 Election process. • The Municipal Canvassing Board in the past has been the Supervisor of Elections and the Village Clerk. I believe Ordinance 595 as written in the Village of Code of Ordinances will allow the Village to opt out of early voting for March 2006 and in future Municipal elections. Staff recommends approval of Resolution 32- 05/06. • • • • RESOLUTION N0.32 - 05/06 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 14, 2006, AND IF NECESSARY THE MUNICIPAL RUN-OFF ELECTION. TO BE HELD TUESDAY, MARCH 28, 2006, FOR THE PURPOSE OF ELECTING COUNCIL SEATS 1, 3 AND 5; DESIGNATING POLLING LOCATIONS, ELECTION OFFICIALS AND INSPECTORS OF ELECTION; ESTABLISHING ELECTION PROCEDURES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village adopted the uniform filing and election dates as preceded by the Legislature of the State of Florida House Bill 742, designating the second Tuesday in Mazch as the uniform election date for municipal office; and designating a filing period for such office from noon on the last Tuesday in Januazy through and not later than noon on the second Tuesday in February of the calendar year; and WHEREAS, Section 2.01 of the Village Charter provides that Councilmembers shall be elected at lazge to Seats 1, 3 and 5 in the even years; and WHEREAS, Section 2, Article 5 of the Village Code of Ordinances provides that Council may designate by Resolution inspectors of election, and other incidentals required to conduct elections in the Village; and WHEREAS, the Village Council of the Village of Tequesta desires to designate polling locations, inspectors of election, and establish election procedures for the General Municipal Election on Mazch 14, 2006; and if necessary a Municipal Run-off Election on Mazch 28, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Notice is hereby given that a General Municipal Election is scheduled to be held on Tuesday, Mazch 14, 2006; and if necessary, a Municipal Run-off Election on Tuesday, Mazch 28, 2006. The polling locations will be: Precincts 1072 and 1076 Tequesta Recreation Center 399 Seabrook Road Tequesta, Florida 33469 1 Precinct 1077 First Baptist Church of Tequesta • 423 Tequesta Drive Tequesta, Florida 33469 The polls will be open from 7:00 a.m. to 7:00 p.m. Section 2. In accordance with the provisions of Section 3.04 of the Village Charter, the Village Clerk shall be the Clerk of Elections and shall supervise the conduct of the General Municipal Election and Run off Election in accordance with the State of Florida Election Laws and the Village of Tequesta Code of Ordinances. Section 3. The Village Clerk shall authorize payment of the Inspectors of Election per the rates in effect by the Palm Beach County Supervisor of Elections for poll workers, inspectors, clerks, and deputies. Section 4. The Palm Beach County Supervisor of Elections shall be appointed a member of the Village of Tequesta's Canvassing Board for the purpose of conducting the General Municipal Election and if necessary the Run off Election. Section 5. The provisions of the Florida Elections Code relating to absentee ballots shall apply to the General Municipal Election and if necessary the Run off Election, allowing the Palm Beach County Supervisor of Elections to canvass the absentee ballots, and attend the Logic and Accuracy Test for the Village of Tequesta. • Section 6. The Palm Beach County Supervisor of Elections is designated to tabulate the ballots cast at the General Municipal Election, March 14, 2006 and if necessary the Run off Election, March 28, 2006. Section 7. The Village Clerk is hereby directed to post this Resolution in the Village Administrative Offices immediately after passage, and provide a certified copy to the Palm Beach County Supervisor of Elections. THE FOREGOING RESOLUTION .was offered by Council Member who moved its adoption. The Resolution was seconded by Council Member ,and upon being put to vote, the vote was as follows: FOR AGAINST • 2 • The Mayor thereupon declared the Resolution duly passed and adopted this 8"' day of December 2005, A.D. Jim Humpage, Mayor ATTEST: Gwen Carlisle, Village Clerk • • NOV-28-2005 ~~ OF F~0 N~P ~ 9,1 ~,.~` 02 21 SUPERVISOR OF ELECTIONS 561 656 6228 P.02 Palm Beach County 240 SOUTH MILrTARY TRL1iL WEST PALM BEACH, FL 33415 POST OFFICE BOX 22308 WEST PALM BEACH, FL 33416 DR. ARTHUF~ ANDERSON Supervisor of Elections TELEPHONE: [561) 656-6200 FAX NUMBER' (561) 656-6297 WEBSITE: www.pticelectians.vre QUESTIONNAIRE PLEASE ANSWER THE FOLLOWING QUESTIONS ANp RETURN THIS FORM ~ A COPY OF THE ACTIONS TAKEN TO APPOINT DR. ARTHUR ANDERSON T4 YOUR MUNICIPAL CANVASSING BOARD. For your upcoming Municipal Election do you wish to have Dr. Arthur Anderson represent your Municipal Canvassing Board, as an additional member of your Canvassing Board, at: 1. The Logic and Accuracy Test? YES NO .... 2. The canvassing of the Absentee Ballots? YES NO • Ar+e you opting out of early voting for the 2U06 Municipal E/actions? YES NO If so, please provide the Supervisor of Elections with a copy of your Ordinance/Resolution when available. Signature of Municipal Clerk Municipality Date NOTE: PLEASE PROVIDE US WITH THE SECTION OF YOUR CHARTER THAT RELATES TO ELECTIaNS. • PLEASE. RETURN TO SUPERVISOR OF ELECTIONS IMMEDIATELY L:16HARE1EYetienSOE{UtmSOE M,n[.n.ea.dx TOTRL P. 02 NOV-28-2005 02:18PM FAX:561 656 6220 ID: PAGE:00P R=97~ ADMINISTRATION § 2-250 • ` • • to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the max- imum civil penalty. State lawreference-Similar provisions, F.S. § 162.21(3Xc). Sec. 2-198. Disposition of copies of citations. After issuing a citation to an alleged violator, the code enforcement officer shall deposit the original citation and one copy of the citation with the county court. State law reference~imilar provisions, F.S. § 162.21(4). Sec. 2-199. Adoption of schedule of viola- tions and penalties. The village council may enact a schedule of violations and penalties to be assessed by code enforcement officers. Such ordinance shall pro- vide: (1) That a violation of a Code provision or an ordinance is a civil infraction. (2) A maximum civil penalty not to exceed $500.00. (3) A civil penalty of less than the maximum civil penalty if the person who has com- mittedthe civil infraction does not contest the citation. State law reference~imilar provisions, F.S. § 162.21(a~ (c). Sec. 2-200. Grounds for issuance of citation; right to contest issuance. (a) The issuance of a citation shall be by a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a Code provision or an ordinance. (b) The violator may contest the issuance of a citation in county court. State law reference-Similar provisions, F.S. Sec. 2-201. Refusal to sign and accept cita- tion. officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or 775.083. State law reference~imilar provisions, F.S. § 162.21(6). Sec. 2-202. Enforcement of building code. The provisions of this division shall not apply to the enforcement pursuant to F.S. §§ 553.79 and 553.80 of the Florida Building Code adopted pur- suant to F.S. § 553.73 as applied to construction, provided that a building permit is either not required or has been issued by the village. Crossreference-Buildings and building regulations, ch. 14. State law reference-similar provisions, F.S. § 163.21(7). Sec. 2-203. Provisions supplemental. The provisions of this division are additional and supplemental means of enforcing village codes or ordinances and may be used for the enforce- ment of any code or ordinance, or for the enforce- ment of all codes and ordinances. Nothing con- tained in this division shall prohibit the village from enforcing its codes or ordinances by any other means. State law reference-similar provisions, F.S. § 162.1(8). Secs. 2-204-2-230. Reserved. ARTICLE V. ELECTIONS* DIVISION 1. GENERALLY Sec. 2-231. Early voting. The manner of voting in all town elections shall be the same as is provided by the county for voting in county and state elections, unless oth- erwise 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. (Ord. No. 595, § 1, 2-17-2005) Secs. 2-232-2-250. Reserved. Any person who willfully refuses to sign and accept a citation issued by a code enforcement *Cross reference-Vllage council, § 2-31 et seq. Supp. No. 2 CD2:11 • ORDINANCE 595 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, ELECTIONS, EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES SPECIFICALLY RELATED TO EARLY VOTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has adopted revisions to Section 101.657 of the Florida Statutes, said section relating to Eazly Voting; and WHEREAS, State Law allows the Village of Tequesta to "opt out" of the provisions of Section 101.657, the Early Voting requirements, by adopting an ordinance stating such intent; and WHEREAS, the Village of Tequesta finds that it is in the best interest of its citizens to opt out of the eazly voting provisions contained in Section 101.657 Florida Statutes. • !NOW, THEREFORE BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Article V. Elections. is amended to include the following: The manner of voting in all town 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 Section 101.657, F.S. and shall not conduct early voting for the Village of Tequesta Municipal Elections. Section 2. Repeal of Ordinances in Conflict That all ordinances of the Village of Tequesta or portions thereof which conflict with this or any part of this ordinance are hereby repealed. Section 3. This ordinance shall be codified and made a part of the- Official Code of Ordinances of the Village of Tequesta. • • Section 4. This ordinance shall become effective on Second Reading by the { Village Council. THE FOREGOING ORDINANCE was offered by Council Member Resnik, who moved its adoption. The Ordinance was seconded by Councilmember Humpage, and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Geraldine A. Genco Edward D. Resnik Russell J. von Frank Jim Humpage i• The Acting Mayor, thereupon declared Ordinance 595 duly passed and adopted this 17th day of February, 2005. i ~ ~ 1! -~_ " Geraldme A. ~Gen~a, A~t{ng Mayor Attest: ~., ; + Gwen Carlisle Village Clerk ~E,.; ~~AF~rA~a ~'w =- ~~ ``~L '~ ~i,° l,J~I ~'. - y ~; ~~ F:~~ ~q~ ~: - ~ D = c,; :l~~LpRppRATEp~ ii~~i'~`OF'~ i O~````~ r~ L J VILLAGE OF TEQUESTA 2006 MUNICIPAL ELECTION AT A GLANCE • DATE OF ELECTION: March 14, 2006 Polls open 7:00 a.m. to 7:00 p.m. COUNCIL SEATS UP FOR ELECTION: Seats No. 1, 3, and 5 PRESENT SEAT HOLDERS: Seat 1-Geraldine A. Genco Seat 3 -Jim Humpage Seat 5 -Vacant FILING/QUALIFYING PERIOD: 12:00 Noon, Tuesday, January 31, 2006 through 12:00 Noon, Tuesday, February 14, 2006 FILING FEE PER VILLAGE OF TEQUESTA CHARTER: $30.00 ELECTION ASSESSMENT FEE $30.00 TOTAL FILING FEE: $60.00 NOTICE OF CANDIDACY/NOMINATING PETITION: Signed by at least fifty (50) registered voters of the Village of Tequesta and certified by the Palm Beach County Supervisor of Elections. L & A TEST (Logic & Accuracy Test): Unknown at this time VILLAGE OF TEQUESTA POLLING LOCATIONS: Precinct 1072 and Precinct 1076-Tequesta Recreation Center, 399 Seabrook Road Precinct 1077- First Baptist Church of Tequesta, 423 Tequesta Drive •