HomeMy WebLinkAboutDocumentation_Regular_Tab 14_01/12/2017 � �
COI�BETT, WHITE,
�� DAVIS �N� ASHTON ��.
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KEITH W. DAVIS
ATTORNEY AT LAW
Bonrd Certified in City, County and Local Government Law
MEMORANDUM
TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and
Paterno
CC: Manager Couzzo, Clerk McWilliams
FROM: Attorney Davis
DATE: December 5, 2016
RE: Agenda Item — Infrastructure Surtax Citizen Oversight Committee
The following describes in detail the above referenced agenda item:
As you are aware, the voters of Palm Beach County approved the one-cent sales surtax on
November 8, 2016. The Surtax effective date is January 1, 2017. Pursuant to the County
Ordinance (No. 2016-032) and the ballot language approved by the voters, municipal
expenditures of surtax proceeds are subject to independent oversight by citizen
committees. Each municipality must utilize a citizen oversight committee, with the choice of
either creating its own oversight committee or participating in one created by the Palm
Beach County League of Cities. The County Ordinance provides the following general
requirements for citizen oversight committees:
1. The citizen oversight committee must be created as soon as possible after the surtax
becomes effective (January 1, 2017), but not later than the date on which surtax
funds are first expended. The Village may start receiving funds as soon as February
or March of 2017;
2. The Tequesta citizen oversight committee would be an advisory and reporting body
which will report to the Village Council. The Village Council would be responsible for
establishing specific duties and membership requirements for the committee within
the following parameters:
a. The committee will be responsible for reviewing the expenditure of Surtax
proceeds by the Village;
b. The committee is required to meet monthly, or as otherwise needed to fulfill its
duties and responsibilities;
c. The committee is required to provide an annual report to the Village Council
regarding surtax expenditures;
d. Committee members may receive no compensation for the performance of their
duties;
e. The committee, its members, and all committee proceedings shall be governed by
and comply with the provisions of the Florida Sunshine Law (Chapter 286,
Florida Statutes), the Florida Public Records Law (Chapter 119, Florida
Statutes), and the Florida Ethics Code (Chapter 112, Florida Statutes), and all
other applicable local or state statutes, ordinances, and rules.
3. If the Village Council decides to not create its own committee, the Palm Beach
County League of Cities is also working on a draft resolution creating a citizen
oversight committee that can be utilized. The League's committee should be up and
running by March, 2017. Although the membership of the League's committee is not
yet known, it is unlikely that it would necessarily include Tequesta residents.
.
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