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HomeMy WebLinkAboutAgenda Council Agenda 062110CITY OF PALM BEACH GARDENS SPECIAL MEETING COUNCIL AGENDA June 21, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Barnett I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. RESOLUTION: a. RESOLUTION 42, 2010 — SPECIAL ELECTION /COUNCIL VACANCY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ESTABLISHING A SPECIAL ELECTION DATE AND A RUN -OFF ELECTION DATE, IF REQUIRED, TO FILL THE VACANCY IN COUNCIL SEAT # 5; PROVIDING FOR A QUALIFYING PERIOD FOR CANDIDATES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. V. 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 persons 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 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: June 21, 2010 Resolution 42, 2010 Subject/Agenda Item: Calling for a Special Election on November 2, 2010 to fill the vacancy in Group 5. [ X ) Recommendation to APPROVE � ] Recommendation to DENY Reviewed Originating Dept.: Costs: $ N/A Council Action: City Clerk Rol) City o y [ ] Approved le�zm Current FY [ ]Approved w/ conditions [ ] Denied Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Outer Resolution 42, 2010. [ x ] Not Required Staff Report Letter of Resignation from Councilmember Barnett Submitted by: City Clerk /�34 Department Director Affected parties Budget Acct. #: Approv y: [ ] Not required City na r Meeting Date: June 21, 2010 Resolution 42, 2010 BACKGROUND: The July 9, 2010 resignation of Jody Barnett has left Council Group 5 vacant. Section 4-4 of the City Charter states that a Special Election is required since the effective date of the resignation is not within one hundred eighty (180) days of the City's March 2011 General Election. Therefore, a Special Election is required to be held no later than Tuesday, September 7, 2010; however, the Supervisor of Elections, Susan Bucher notified us on Friday, June 18, 2010 that due to the Primary and General Elections being conducted by Palm Beach County, the voting equipment could not be made available within that time, resulting in a delay until November 2, 2010. As a result, the City's Special Election to elect a candidate to the City Council for the unexpired term of Jody Barnett will be held on Tuesday, November 2, 2010 in conjunction with the Palm Beach County General Election_ In the event a run -off election is required; same shall be held on Tuesday, November 16, 2010. In accordance with the request by the Supervisor of Elections to submit the ballot wording no later than Friday, August 6, 2010, the proposed timelines have been established for both the petition and filing fee methods of qualifying. To allow sufficient time to obtain the required number of signatures using the petition method, the proposed filing dates are as follows: • Filing by Petition. Begins Tuesday, July 6, 2010 at 8:00 a.m. through Friday, July 16, 2010 at 12:00 Noon To avoid overlap with the petition method of qualifying, the proposed dates using filing fee method of qualifying are as follows: • Filing by Fee: Begins Monday, July 19, 2010 at 8 :00 a.m. through Friday, July 30, 2010 at 4:30 p.m. STAFF RECOMMENDATION: Staff recommends approval of Resolution 42, 2010. 1 RESOLUTION 42, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ESTABLISHING A SPECIAL 6 ELECTION DATE AND A RUN -OFF ELECTION DATE, IF 7 REQUIRED, TO FILL THE VACANCY IN COUNCIL SEAT # 5; 8 PROVIDING FOR A QUALIFYING PERIOD FOR CANDIDATES; 9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, Coucilmember Jody Barnett has submitted her resignation as a 13 member of the Palm Beach Gardens City Council effective July 9, 2010; and 14 15 WHEREAS, pursuant to Section 44 of the Charter of the City of Palm Beach 16 Gardens, a Special Election is required since the effective date of the resignation is not 17 within one hundred eighty (180) days of the City's March 2011 General Election; and 18 19 WHEREAS, a Special Election is required to be held no later than Tuesday, 20 September 7, 2010; however, the Supervisor of Elections, Susan Bucher, notified city 21 staff on Friday, June 18, 2010, that due to the Primary and General Elections being 22 conducted by Palm Beach County, the voting equipment could not be made available 23 within that time, resulting in a delay until November 2, 2010; and 24 25 WHEREAS, the City Council deems approval of this Resolution 26 interests of the health safety and welfare of the residents and citize 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Palm Beach Gardens and the public at large. to be in the best is of the City of NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. A City Special Election shall be held on Tuesday, November 2, 2010, to elect a candidate to the City Council of the City of Palm Beach Gardens for the unexpired term of Jody Barnett, who has resigned therefrom, such term ending on March 8, 2011. In the event that a "run -off' election shall be required, same shall be held on Tuesday, November 16, 2010, SECTION 3. The qualifying period for candidates for said Special Election shall be as follows: Filing by Petition: Tuesday, July 6, 2010, at 8:00 a.m. through Friday, July 16, 2010, at 12:00 noon. Resolution 42, 2010 1 Filing by Fee: Monday, July 19, 2010, at 8:00 a.m. through Friday, July 2 30, 2010, at 4:30 p.m.. 3 4 SECTION 4. The City Clerk is authorized and directed to comply with all notice 5 and ballot requirements and coordinate said elections under the Palm Beach County 6 Supervisor of Elections. 7 8 SECTION 5. This Resolution shall become effective immediately upon adoption. 9 10 11 12 (The remainder of this page intentionally left blank) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2 1 PASSED AND ADOPTED this 2 3 Resolution 42, 2010 —I day of –SJ &<? , 2010. 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7_ = 10. 11 ATTEST::. 12 ,13 _ 14- 15-- -- Patricia Snider, MC, City Clerk 16 17 18 APPROVED AS TO FORM 19 LEG CY 20 21 BY: ' 22 Max L an, City Attorney 23 24 25 26 VOTE: 27 28 MAYOR LEVY 29 30 VICE MAYOR PREMUROSO 31 32 COUNCILMEMBER RUSSO 33 34 COUNCILMEMBER JABLIN 35 36 COUNCILMEMBER BARNETT 37 38 39 40 41 42 43 44 45 46 Wattornev share \RESOLUTiONS\2010 \Resolution 42 201 BY: V�(-- z? Davi Levy, Mayor 0 AYE NAY ABSENT .✓ - special election and run eff election date -- vercinn 7 ring 3 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL - PALM BEACH GARDENS, FLORIDA 33410.4698 June 17, 2010 Mr. Ronald Ferris, City Manager City of Palm Beach Gardens 10500 N. Military Trail City of Palm Beach Gardens, FL 33410 Dear Ron, I would like to state my appreciation ation for the work that we have done together, and with my fellow councilmembem these past six (6) years. My sincere thanks to the residents who elected me to serve them on the Palm Beach Gardens City Council. 1 am thankful to have had the opportunity to represent our community. These past two terms we have accomplished many of our goals, though there is still work to do. Public service is an honor and I hope to continue to serve the citizens of Florida throughout the years. Please accept this as my formal resignation from the office of Councilrnember, Palm Beach Gardens City Council effective July 9, 2010. Sin ly, Jody amett, Councilwoman cc: David Levy, Mayor Bert Premuroso, Vice Mayor Eric Jablin Joe Russo CITY OF PALM BEACH GARDENS SPECIAL MEETING COUNCIL AGENDA June 21, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Barnett I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. RESOLUTION: o a. RESOLUTION 42, 2010 — SPECIAL ELECTION /COUNCIL VACANCY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ESTABLISHING A SPECIAL ELECTION DATE AND A RUN -OFF ELECTION DATE, IF REQUIRED, TO FILL THE VACANCY IN COUNCIL SEAT # 5; PROVIDING FOR A QUALIFYING PERIOD FOR CANDIDATES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. V. 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 persons 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 S 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. Cfv � ��, r7. 0 3 � CITY OF PALM BEACH GARDENS SPECIAL MEETING COUNCIL AGENDA June 21, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Barnett I. t/PLEDGE OF ALLEGIANCE II. ✓ROLL CALL III. V DDITIONS. DELETIONS, MODIFICATIONS: IV. IRRESOLUTION: a. RESOLUTION 42, 2010 — SPECIAL ELECTION /COUNCIL VACANCY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ESTABLISHING A SPECIAL ELECTION DATE AND A RUN -OFF ELECTION DATE, IF REQUIRED, TO FILL THE VACANCY IN COUNCIL SEAT # 5; PROVIDING FOR A QUALIFYING PERIOD FOR CANDIDATES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. V. 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 persons 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 S 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.