HomeMy WebLinkAboutAgenda Council Agenda 122117 - SpecialCITY OF PALM BEACH GARDENS
SPECIAL MEETING
COUNCIL AGENDA
December 21, 2017 7:00 p.m.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. COMMENTS FROM THE PUBLIC: (For Ordinance 28, 2017 AND Ordinance 32,
2017 ONLY, please submit request form to the City Clerk prior to this Item)
V. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing)
a. ORDINANCE 28, 2017 – (1ST READING) ELIGIBILITY TO SEEK ELECTION. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, ADOPTED IN ACCORDANCE WITH SECTIONS
101.161 AND 166.031, FLORIDA STATUTES, CALLING FOR A REFERENDUM
TO BE HELD ON MARCH 13, 2018, PROPOSING TO THE ELECTORATE OF
THE CITY THAT THE CITY CHARTER BE AMENDED AT SECTION 4-1. TO
PROVIDE THAT ANY COUNCIL MEMBER WHO HAS LEFT OFFICE DUE TO
TERM LIMITS MAY NOT BE ELECTED AGAIN FOR A PERIOD OF THREE (3)
YEARS; PROVIDING THAT THE REMAINDER OF THE CHARTER, AS MAY
BE AMENDED BY THE ELECTORATE, SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR SUBMISSION OF
THE PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY;
SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT
SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
b. ORDINANCE 32, 2017 – (1ST READING) – LIFETIME BAN. AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, ADOPTED IN ACCORDANCE WITH SECTIONS 101.161 AND
166.031, FLORIDA STATUTES, CALLING FOR A REFERENDUM TO BE HELD
ON MARCH 13, 2018, PROPOSING TO THE ELECTORATE OF THE CITY
THAT THE CITY CHARTER BE AMENDED AT SECTION 4-1. TO PROVIDE
THAT ANY COUNCIL MEMBER WHO HAS LEFT OFFICE DUE TO TERM
LIMITS MAY NOT BE RE-ELECTED TO CITY COUNCIL FOR THE
REMAINDER OF THEIR NATURAL LIFE; PROVIDING THAT THE REMAINDER
OF THE CHARTER, AS MAY BE AMENDED BY THE ELECTORATE, SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO
THE ELECTORS OF THE CITY; SETTING FORTH THE FORM OF THE
QUESTION TO BE VOTED UPON AT SUCH ELECTION; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Marino
Vice Mayor Marciano
Councilmember Woods
Councilmember Lane
Councilmember Litt
VI. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any
decision made by the City Council with respect to any matter considered at this public hearing, such
interested parties will need a record of the proceedings and may need to ensure that a verbatim record
is made, including the testimony and evidence upon which the appeal is to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons
with disabilities needing special accommodations in order to participate in this proceeding are entitled
to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no
later than five (5) days prior to the hearing if this assistance is required. For hearing impaired
assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770
(VOICE).
NOTE:
All presentation materials must be received by the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: December 21, 2017
Ordinance 28, 2017
Ordinance 32, 2017
Subject/Agenda Item: Proposed Charter change:
Ordinance 28, 2017 -Require term-limited Council members leaving office due to term
limits to wait three years before being elected again.
Ordinance 32, 2017 -Require a lifetime ban from being elected again on Council
members leaving office due to term limits.
[X] Recommendation to APPROVE
Recommendation to DENY
Reviewed by:
City ~
R. Max Lohman , Esq .
Submitted by: Cfy o/
R. Max Lohman , Esq.
Approved by:
Originating Dept.:
CityA~
R. Max Loh m an , Esq .
City Attorney
Advertised: NA
Date :
Paper:
[X] Not Required
Affected partie~
[ ] Notified
[X] Not required
Costs:$ NA ~----(Total)
$ NA
Current FY
Funding Source:
[ ] Operating
[x] Other
----------------------------
Contract/ Agreement:
Effective Date: NA
Expiration Date: NA
Budget Acct.#: NA
Council Action:
] Approved
] Approved w/
Conditions
] Denied
] Continued to:
Attachments:
• Ordinance 28, 20 17
• Ord inance 32, 2017
Meeting Date: December 21, 2017
Ordinance 28, 2017
Ordinance 32, 2017
Page 2 of 4
BACKGROUND: during the December 7, 2017 City Council meeting, the City Council voted 4-
1, (Council Member Lane opposed) to postpone Ordinance 28, 2017 to a date certain of
December 21, 2017. The City Council directed the City Attorney to review the recommended
changes and determine the appropriate ballot language and submit the ballot summary and
question to the electors for the March 13, 2018, Uniform Municipal Election.
The two ordinances being presented for City Council consideration provide for either waiting three
years before being eligible to run for office or establishing a lifetime ban against running for or
being elected to City Council after being term limited out of.
A Special City Council meeting has been scheduled for December 21, 2017 at 7:00 p.m. for a
public hearing to determine if Ordinance 28, 2017 or Ordinance 32, 2017 will be brought to the
electors.
The proposed language for Ordinance 28, 2017:
The elective officers under this Charter shall be the five (5) members of the city council. The
selection of members of the city council shall be by groups to be known as Groups 1, 2, 3, 4, and
5. The council members in Groups 2 and 4 shall, in the year 1977, be elected for a term of three
(3) years and for three-(3) year terms thereafter; council members in Groups 1, 3, and 5 shall be
elected for a term of three (3) years in the year 1978 and for three-(3) year terms thereafter. The
term of office of council members shall commence on the first regularly scheduled meeting of the
city council following the date of their election and shall continue for three (3) years thereafter until
their successors are elected and qualified. No individual shall be elected to the office of council
member for more than two (2) consecutive full terms. Service in a term of office which commenced
prior to the effective date of any term limit enacted on council members will be credited against
any term limitation appro•.ied by the Palm Beach Gardens' electorate. Any council member who
has left office due to term limits must be out of office for three (3) years prior to being elected
again, such that they shall not be eligible to file or qualify to run for city council again until the
second regularly scheduled Palm Beach Gardens municipal election following that council
member leaving office.
Option #1 CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3
THE CURRENT CHARTER DOES NOT SPECIFY HOW LONG A TERM LIMITED COUNCIL
MEMBER MUST BE OUT OF OFFICE BEFORE RUNNING FOR COUNCIL AGAIN. SHALL
THE PALM BEACH GARDENS CHARTER BE AMENDED TO ESTABLISH THAT TERM
LIMITED COUNCIL MEMBERS MUST BE OUT OF OFFICE FOR THREE YEARS PRIOR TO
BEING RE-ELECTED, SUCH THAT THEY MAY NOT RUN FOR CITY COUNCIL AGAIN UNTIL
THE SECOND REGULARLY SCHEDULED CITY MUNICIPAL ELECTION FOLLOWING THAT
MEMBER LEAVING OFFICE.
SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED?
__ YES ......
__ NO ~ ...
The proposed language for Ordinance 32, 2017:
Meeting Date: December 21, 2017
Ordinance 28, 2017
Ordinance 32, 2017
Page 3 of 4
The elective officers under this Charter shall be the five (5) members of the city council. The
selection of members of the city council shall be by groups to be known as Groups 1, 2, 3, 4, and
5. The council members in Groups 2 and 4 shall, in the year 1977, be elected for a term of three
(3) years, and for three-(3) year terms thereafter; council members in Groups 1, 3, and 5 shall be
elected for a term of three (3) years in the year 1978 and for three-(3) year terms thereafter. The
term of office of council members shall commence on the first regularly scheduled meeting of the
city council following the date of their election and shall continue for three (3) years thereafter until
their successors are elected and qualified. No individual shall be elected to the office of council
member for more than two (2) consecutive full terms. Service in a term of office which commenced
prior to the effecti·.ie date of any term limit enacted on council members will be credited against
any term limitation approved by the Palm Beach Gardens' electorate. Any council member who
has left office due to term limits shall not be eligible to be elected again to office in perpetuity.
Option #2 CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3
THE CURRENT CITY COUNCIL TERM LIMITS CONSTITUTE A LIFE TIME BAN FROM
RE-ELECTION ONLY ON THOSE PERSONS WHO WERE IN OFFICE WHEN TERM
LIMITS WERE ESTABLISHED. SHALL THE PALM BEACH GARDENS CHARTER BE
AMENDED TO ESTABLISH THAT ANY COUNCIL MEMBER WHO HAS LEFT OFFICE
DUE TO TERM LIMITS SHALL NOT BE ELIGIBLE TO BE RE-ELECTED TO CITY
COUNCIL FOR THE REMAINDER OF THEIR NATURAL LIFE.
SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED?
__ YES
__ NO
... ...
Meeting Date: December 21, 2017
Ordinance 28, 2017
Ordinance 32, 2017
Page 4 of 4
As required by Section 100.342, Florida Statutes, and the City Code of Oridnances Section 26-
11 , the City Clerk shall cause a notice of this election to be published in a newspaper of general
circulation within the City at least once in the second, third, fourth, and fifth weeks, provided the
first publication shall take place at least thirty (30) days before the date fixed for the referendum.
In addition, in accordance with Section 26-14 (d) of the City Code of Ordinances, the City Clerk shall
publish a sample ballot in a newspaper of general circulation prior to the day of the election, but no
more than ten (10) days prior to the election . Such publication shall be conspicuous and not be
included within the legal notices and advertisements being published per Chapter 50, Florida
Statutes .
The Ordinance that is approved by City Council shall become effective immediately upon
adoption . The revised language in Sections 4-1 and 4-2 of the Charter as set forth in Section 1
hereinabove shall become effective as of 12:01 a.m. on March 14, 2018, if the question to be
voted upon provided hereinabove receives an affirmative vote of the majority of the valid votes
cast and counted at the election held on March 13, 2018.
The deadline for submitting the proposed ballot language to the Supervisor of Elections is Friday ,
January 19, 2018, at noon.
Staff Recommendation: Staff recommends approval of either Ordinance 28, 2017 or Ordinance
32, 2017 as presented on first reading .
· COUNCIL MAY APPROVE ONE OR NONE, BUT NOT BOTH ORDINANCES.
1 ORDINANCE 28, 2017
2
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA, ADOPTED IN ACCORDANCE WITH
6 SECTIONS 101.161 AND 166.031, FLORIDA STATUTES, CALLING
7 FOR A REFERENDUM TO BE HELD ON MARCH 13, 2018,
8 PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY
9 CHARTER BE AMENDED AT SECTION 4-1. TO PROVIDE THAT ANY
10 COUNCIL MEMBER WHO HAS LEFT OFFICE DUE TO TERM LIMITS
11 MAY NOT BE ELECTED AGAIN FOR A PERIOD OF THREE (3)
12 YEARS; PROVIDING THAT THE REMAINDER OF THE CHARTER,
13 AS MAY BE AMENDED BY THE ELECTORATE, SHALL REMAIN IN
14 FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
15 PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT
16 QUESTION TO THE ELECTORS OF THE CITY; SETTING FORTH
17 THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH
18 ELECTION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
19 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
20 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
21
22
23 WHEREAS, the City Council of the City of Palm Beach Gardens directed the City
24 Attorney to review the City Charter and propose recommended changes to the City
25 Charter; and
26
27 WHEREAS, the City Council has reviewed the recommendations of the citizen
28 Charter Review Committee ("CRC"), and the City Council has determined that it would be
29 in the best interest of the City of Palm Beach Gardens to accept such recommendations;
30 and
31
32 WHEREAS, the City Council has concluded that the CRC's recommendation to
33 amend the City Charter such that any council member who has left office due to being
34 term limited may not be elected again until the second regularly scheduled city municipal
35 election following that council member having left office ( one term sit out) and calling for
36 a referendum election in accordance with the provisions of Section 166.031, Florida
37 Statutes, for the electorate of the City of Palm Beach Gardens to consider such
38 amendment to the Charter is in the best interest of the City of Palm Beach Gardens; and
39
40 WHEREAS, the City Council deems approval of this Ordinance to be in the best
41 interest of the health, safety , and welfare of the residents and citizens of the City of Palm
42 Beach Gardens and the public at large.
43
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
46 OF PALM BEACH GARDENS, FLORIDA, that:
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Ordinance 28, 2017
SECTION 1. The proposed amendment to Section 4-1 of the City's Charter shall
read as follows:
The elective officers under this Charter shall be the five (5) members of the city
council. The selection of members of the city council shall be by groups to be known as
Groups 1, 2, 3, 4, and 5. The council members in Groups 2 and 4 shall, in the year 1977,
be elected for a term of three (3) years, and for three-(3) year terms thereafter; council
members in Groups 1, 3, and 5 shall be elected for a term of three (3) years in the year
1978 and for three-(3) year terms thereafter. The term of office of council members shall
commence on the first regularly scheduled meeting of the city council following the date
of their election and shall continue for three (3) years thereafter until their successors are
elected and qualified. No individual shall be elected to the office of council member for
more than two (2) consecutive full terms. Service in a term of office which commenced
prior to the effecti¥e date of any term limit enacted on council members will be credited
against any term limitation appro•,ed by the Palm Beach GaFdens' electorate. Any council
member who has left office due to term limits must be out of office for three (3) years prior to being
elected again, such that they shall not be eligible to file or qualify to run for city council again until
the second regularly scheduled Palm Beach Gardens municipal election following that council
member leaving office .
SECTION 2. The Charter amendment proposed by this Ordinance shall be
submitted to the electors of the City of Palm Beach Gardens, Florida, at the general
municipal election to be held on the 13th day of March, 2018, in the form of the following
question:
CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3
THE CURRENT CHARTER DOES NOT SPECIFY HOW LONG A TERM
LIMITED COUNCIL MEMBER MUST BE OUT OF OFFICE BEFORE
RUNNING FOR COUNCIL AGAIN. SHALL THE PALM BEACH
GARDENS CHARTER BE AMENDED TO ESTABLISH THAT TERM
LIMITED COUNCIL MEMBERS MUST BE OUT OF OFFICE FOR THREE
YEARS PRIOR TO BEING RE-ELECTED, SUCH THAT THEY MAY NOT
RUN FOR CITY COUNCIL AGAIN UNTIL THE SECOND REGULARLY
SCHEDULED CITY MUNICIPAL ELECTION FOLLOWING THAT
MEMBER LEAVING OFFICE.
SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED?
__ YES
NO --
Page 2 of 4
Ordinance 28, 2017
1 SECTION 3. The City Clerk shall cause a notice of this election called for the
2 purpose of presenting the subject Charter revision to a vote of the electorate to be
3 published in accordance with the provisions of Section 100.342, Florida Statutes, at least
4 twice: once in the fifth week and once in the third week prior to the week in which the
5 referendum is to be held; provided that the first publication shall take place at least 30
6 days before the date fixed for the referendum and shall be published in a newspaper of
7 general circulation within the City.
8
9 SECTION 4. In accordance with Section 26-11 (a) of the City Code of Ordinances,
10 the City Clerk shall cause a notice of election to be published in a newspaper of general
11 circulation within the City at one time during the fourth week and at one time in the second
12 week preceding the week in which the election is held.
13
14 SECTION 5. In accordance with Section 26-14 (d) of the City Code of Ordinances,
15 the City Clerk shall publish a sample ballot in a newspaper of general circulation prior to the
16 day of the election, but no more than ten days prior to the election. Such publication shall
17 be conspicuous and not be included within the legal notices and advertisements being
18 published per Chapter 50, Florida Statutes .
19
20 SECTION 6. All ordinances or parts of ordinances in conflict be and the same are
21 hereby repealed .
22
23 SECTION 7. Should any section or prov1s1on of this Ordinance or any portion
24 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
25 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
26
27 SECTION 8. Specific authority is hereby given to codify this Ordinance.
28
29 SECTION 9. This Ordinance shall become effective immediately upon adoption.
30 The revised language in Section 4-1 . of the Charter as set forth in Section 1 hereinabove
31 shall become effective as of 12:01 a.m. on March 14, 2018, if the question to be voted
32 upon provided hereinabove receives an affirmative vote of the majority of the valid votes
33 cast and counted at the election held on March 13, 2018.
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Ordinance 28, 2017
PASSED this __ day of ______ , 2017, upon first reading.
PASSED AND ADOPTED this __ day of------' 2018, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY: -------------Maria G. Marino, Mayor
Mark T. Marciano, Vice Mayor
Carl Woods, Councilmember
Matthew Jay Lane, Councilmember
Rachelle A Litt, Councilmember
ATTEST:
BY: -------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: -------------R. Max Lohman, City Attorney
FOR AGAINST ABSENT
G:\attomey_share\ORDINANCES\2017\2017 Chart Amend-Ords 26-29\0rd 28 2017-Charter Rev-Quest 3-sit out 3 yrs.docx
Page 4 of 4
1 ORDINANCE 32, 2017
2
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA, ADOPTED IN ACCORDANCE WITH
6 SECTIONS 101.161 AND 166.031, FLORIDA STATUTES, CALLING
7 FOR A REFERENDUM TO BE HELD ON MARCH 13, 2018,
8 PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY
9 CHARTER BE AMENDED AT SECTION 4-1. TO PROVIDE THAT ANY
10 COUNCIL MEMBER WHO HAS LEFT OFFICE DUE TO TERM LIMITS
11 MAY NOT BE RE-ELECTED TO CITY COUNCIL FOR THE
12 REMAINDER OF THEIR NATURAL LIFE; PROVIDING THAT THE
13 REMAINDER OF THE CHARTER, AS MAY BE AMENDED BY THE
14 ELECTORATE, SHALL REMAIN IN FULL FORCE AND EFFECT AS
15 PREVIOUSLY ENACTED; PROVIDING FOR SUBMISSION OF THE
16 PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY;
17 SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED
18 UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A
19 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
20 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
21
22
23 WHEREAS, the City Council of the City of Palm Beach Gardens directed the City
24 Attorney to review the City Charter and propose recommended changes to the City
25 Charter; and
26
27 WHEREAS, the City Council has concluded that it is advisable to amend the City
28 Charter such that any council member who has left office due to term limit shall not be
29 eligible to be re-elected in perpetuity and calling for a referendum election in accordance
30 with the provisions of Section 166.031, Florida Statutes, for the electorate of the City of
31 Palm Beach Gardens to consider such amendment to the Charter is in the best interest
32 of the City of Palm Beach Gardens; and
33
34 WHEREAS, the City Council deems approval of this Ordinance to be in the best
35 interest of the health, safety, and welfare of the residents and citizens of the City of Palm
36 Beach Gardens and the public at large.
37
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
40 OF PALM BEACH GARDENS, FLORIDA, that:
41
42
43
44
45
46
Page 1 of 4
Ordinance 32 , 2017
1 SECTION 1. The proposed amendment to Section 4-1. of the City's Charter shall
2 read as follows:
3
4 The elective officers under this Charter shall be the five (5) members of the city
5 council. The selection of members of the city council shall be by groups to be known as
6 Groups 1, 2, 3, 4, and 5. The council members in Groups 2 and 4 shall , in the year 1977,
7 be elected for a term of three (3) years , and for three-(3) year terms thereafter; council
8 members in Groups 1, 3 , and 5 shall be elected for a term of three (3) years in the year
9 1978 and for three-(3) year terms thereafter. The term of office of council members shall
10 commence on the first regularly scheduled meeting of the city council following the date
11 of their election and shall continue for three (3) years thereafter until their successors are
12 elected and qualified . No individual shall be elected to the office of council member for
13 more than two (2) consecutive full terms. Service in a term of office which commenced
14 prior to the e#octi•1e date of any term limit enacted on council members will be credited
15 against any term limitation appro¥ed by the Palm Beach Gardens' electorate. Any council
16 member who has left office due to term limits shall not be eligible to be re-elected to city
17 council for the remainder of their natural life.
18
19 SECTION 2. The Charter amendment proposed by this Ordinance shall be
20 submitted to the electors of the City of Palm Beach Gardens, Florida, at the general
21 municipal election to be held on the 13th day of March, 2018, in the form of the following
22 question:
23
24 CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3
25
26 THE CURRENT CITY COUNCIL TERM LIMITS CONSTITUTE A LIFE
27 TIME BAN FROM RE-ELECTION ONLY ON THOSE PERSONS WHO
28 WERE IN OFFICE WHEN TERM LIMITS WERE ESTABLISHED. SHALL
29 THE PALM BEACH GARDENS CHARTER BE AMENDED TO
30 ESTABLISH THAT ANY COUNCIL MEMBER WHO HAS LEFT OFFICE
31 DUE TO TERM LIMITS SHALL NOT BE ELIGIBLE TO BE RE-ELECTED
32 TO CITY COUNCIL FOR THE REMAINDER OF THEIR NATURAL LIFE.
33
34 SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED?
35
36 YES
37
38 NO
39
40
41
42
43
44
45
46
47
Page 2 of 4
Ordinance 32, 2017
1 SECTION 3. The City Clerk shall cause a notice of this election called for the
2 purpose of presenting the subject Charter revision to a vote of the electorate to be
3 published in accordance with the provisions of Section 100.342, Florida Statutes, at least
4 twice: once in the fifth week and once in the third week prior to the week in which the
5 referendum is to be held; provided that the first publication shall take place at least 30
6 days before the date fixed for the referendum and shall be published in a newspaper of
7 general circulation within the City.
8
9 SECTION 4. In accordance with Section 26-11 (a) of the City Code of Ordinances,
10 the City Clerk shall cause a notice of election to be published in a newspaper of general
11 circulation within the City at one time during the fourth week and at one time in the second
12 week preceding the week in which the election is held.
13
14 SECTION 5. In accordance with Section 26-14 (d) of the City Code of Ordinances,
15 the City Clerk shall publish a sample ballot in a newspaper of general circulation prior to the
16 day of the election, but no more than ten days prior to the election. Such publication shall
17 be conspicuous and not be included within the legal notices and advertisements being
18 published per Chapter 50, Florida Statutes .
19
20 SECTION 6. All ordinances or parts of ordinances in conflict be and the same are
21 hereby repealed.
22
23 SECTION 7. Should any section or provision of this Ordinance or any portion
24 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
25 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
26
27 SECTION 8. Specific authority is hereby given to codify this Ordinance.
28
29 SECTION 9. This Ordinance shall become effective immediately upon adoption.
30 The revised language in Section 4-1 . of the Charter as set forth in Section 1 hereinabove
31 shall become effective as of 12:01 a.m. on March 14, 2018, if the question to be voted
32 upon provided hereinabove receives an affirmative vote of the majority of the valid votes
33 cast and counted at the election held on March 13, 2018.
34
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Ordinance 32 , 2017
PASSED this __ day of _______ , 2017, upon first reading.
PASSED AND ADOPTED this __ day of------' 2018, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY: -------------Maria G. Marino, Mayor
Mark T. Marciano, Vice Mayor
Carl Woods, Councilmember
Matthew Jay Lane, Councilmember
Rachelle A. Litt, Councilmember
ATTEST:
BY: -------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: -------------R. Max Lohman, City Attorney
FOR AGAINST ABSENT
G :\attorney_share\ORDINANCES\2017\2017 Chart Amend-Ords 26-29\0rd 32 2017-Charter Rev-Quest -Life time ban.docx
Page 4 of 4
PLEASE PRINT
COMMENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
NAME: lc>t's H, }< I &iVI b-0-7
ADDRESS: __ / _3_2_R"._S-__ ~_e-.,,-----'------C.t{_u_-=-'-V),__1)y~.x.;..v:e..,,__,._ ____ _
CITY: p 0-l..-n ~ 6-u..tl.--, , Ft---=3::t ~ZIP: ~ '3 Y Io
SUBJECT:
ITEM ON THE AGENDA: YES:~ NO:_
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. 1bis request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
cards must be filled out for each specific Agenda Item about which you wish to speak.
COMI\1ENTS FROM 1HE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
NAME: Sav'le-f&t ns+-Lt ~
ADDRESS: -""""-3 ----=(oe<.........::Lo"--(o=----_J -~----=-~------""-'k.==--------1--f)_v ___ _
----'--·f _6_..,,.(r:'--------ZIP: 3 'slf [ 0
SUBJECT: ::K1-Vk\ I , &) -~
CITY:
V'
ITEM ON THE AGENDA: YES: NO:
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. 1bis request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
COMMENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
NAME: \\ \ C:, 51-\ \1 ~ ~co"'-1
ADDRESS: ll t \ Oet~rceo
tp_ '3-.G. F l. ZIP: 3 SL/10 -'---'-----------~------
( w ~ ll k lt»~ ~PC,ti £1) Pfl7)
CITY:
SUBJECT:
IIBM ON THE AGENDA: YES: / NO:
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. This request to address the City Council must be
delivered to the City Clerk prior to the commerzcement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
CITY OF PALM BEACH GARDENS
SPECIAL MEETING
COUNCIL AGENDA
December 21, 2017 7:00 p.m.
Mayor Marino
Vice Mayor Marciano
Councilmember Woods
· 8: 3l Councilmember Lane ~~~1\4~ I\ ~ Councilmember Litt
I. PLEDGE OF ALLEGIANCE
II.
III.
IV.
ROLL CALL
COMMENTS FROM THE PUBLIC: (For Ordinance 28, 2017 AND Ordinance 32,
2017 ONLY, please submit request form to the City Clerk prior to this Item)
PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing)
a. ORDINANCE 28, 2017-(1 5 r READING) ELIGIBILITY TO SEEK ELECTION. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS , FLORIDA, ADOPTED IN ACCORDANCE WITH SECTIONS
101 .161 AND 166.031 , FLORIDA STATUTES, CALLING FOR A REFERENDUM
TO BE HELD ON MARCH 13, 2018, PROPOSING TO THE ELECTORATE OF
THE CITY THAT THE CITY CHARTER BE AMENDED AT SECTION 4-1 . TO
PROVIDE THAT ANY COUNCIL MEMBER WHO HAS LEFT OFFICE DUE TO
TERM LIMITS MAY NOT BE RE-ELECTED FOR A PERIOD OF THREE (3)
YEARS ; PROVIDING THAT THE REMAINDER OF THE CHARTER , AS MAY
BE AMENDED BY THE ELECTORATE, SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ENACTED ; PROVIDING FOR SUBMISSION OF
THE PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY ;
SETIING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT
SUCH ELECTION ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY
CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES .
b. ORDINANCE 32, 2017 -(1 sr READING) -LIFETIME BAN --AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, ADOPTED IN ACCORDANCE WITH SECTIONS 101 .161 AND
166.031 , FLORIDA STATUTES, CALLING FOR A REFERENDUM TO BE
HELD ON MARCH 13, 2018, PROPOSING TO THE ELECTORATE OF
THE CITY THAT THE CITY CHARTER BE AMENDED AT SECTION 4-1 .
TO PROVIDE THAT ANY COUNCIL M EMBER WHO HAS LEFT OFFICE
DUE TO TERM LIMITS MAY NOT BE RE-ELECTED TO CITY COUNCIL
FOR THE REMAINDER OF THEIR NATURAL LIFE; PROVIDING THAT
THE REMAINDER OF THE CHARTER, AS MAY BE AMENDED BY THE
ELECTORATE, SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY E NACTED; PROVIDING FOR SUBMISSION OF THE
PROPOSED BALLOT QU ESTION TO THE ELECTORS OF THE CITY;
SETIING FORTH THE FORM OF THE QUESTION TO BE VOTED
UPON AT SUCH ELECTION ; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTH ER PURPOSES.
VI. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal, any
decision made by the City Council with respect to any matter considered at this public hearing, such
interested parties will need a record of the proceedings and may need to ensure that a verbatim record
is made, including the testimony and evidence upon which the appeal is to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons
with disabilities needing special accommodations in order to participate in this proceeding are entitled
to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no
later than five (5) days prior to the hearing if this assistance is required. For hearing impaired
assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770
(VOICE).
NOTE:
All presentation materials must be received by the City Clerk prior to the presentation to the Council.