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Home My WebLink AboutDocumentation_Regular_Tab 06_02/09/2017 00 CORBETT WHIT � � 00 DAVIS AN� ASHTON, r�A. KEITH W. DAVIS ATTORNEY AT LAW Board Cerhfied in City, Counh� and Local Ganernment Larn MEMORANDUM TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and Paterno CC: Manager Couzzo, Clerk McWilliams FROM: Attomey Davis DATE: January 27, 2017 RE: Consent Agenda Item — Resolution Memorializing Citizen Oversight Committee for Infrastructure Surtax Funds The following describes in detail the above referenced agenda item: This Resolution memorializes the delegation to the Village's Planning & Zoning Board of the responsibility and duty for the Village's Infrastructure Surtax Citizen Oversight Committee. 00 CORBETT , WHITE, �0 DAVIS AN� ASHTON, r�A. KEITH W. DAVIS ATTORNEY AT LAW Bourd CerNfied in City, County and Local Goaernment Larn MEMORANDUM TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and Paterno CC: Manager Couzzo, Clerk McWilliams FROM: Attorney Davis DATE: January 31, 2017 RE: Consent Agenda Item — Resolution Expressing Support for the Extension of a Minimum Speed / No-Wake Zone north from the C.R. 707 Bridge to the northern boundary of Coral Cove Park The following describes in detail the above referenced agenda item: This Resolution memorializes the Village Council's intent to support the above referenced effort pursuant to consensus of the Council expressed at the January 30, 2017 Workshop Meeting. � RESOLUTION NO. - A RESOLUTION OF THE VII,I;AGE COUNCIL OF THE VII..LAGE OF . TEQUESTA, FLORIDA, �DESIGNATING THE VII,LAGE PLANNING & '. � � � ZONING �BOARD AS THE VILLAGE INFRASTRUCTURE .SURTAX. . . � . CIT7ZEN OVERSIGHT CONIlVIITTEE; ESTABLISHING THE RESPONSIBILITIES AND DUTIES OF THE OVERSIGHT . COMIVIITTEE; ESTABLISHING PROCEDURES� FOR THE CONDUCT � _ _ .OE _MEETINGS AND __OPERATIONS;. ESTABLISHING. A _SUNSET _ _ __ _ _ _ • , DATE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. . � � WHEREAS; on May T0 2016, Palm Beach County (tlie "County") the Schooi Board of� � Palm� Beach County (the "School Board") and several municipalities entered into an Interlocal � - Agreement Pertaining to the Shared Distribution and Use . of the One Cent Local Government Infrastructure Surtax (the "Interlocal Agreement'');.and ��.. � . � WHEREAS; on May 17, 2016, the Boaid�of County Comrriissioners.of Palin Beach � County� (the� `BCC") adopted Ordinance No:� 2016-U32 to impose a voter approved'one percent � (1%) local: governmen� infrastructure surtax (the "Suitax")_to be utilized by the County, the,School . ,� _ Board, and tlie municipalities within Palm Beach County for the financing,. planning, constructing, , reconstructing, renovating and improving of neecled infrastructure; and WHEREAS; a refeiendum on the Surtax was held on November 8, 2016, and the voters of Falm Beach County approved said Surtax; . and WHEREAS; tlie Interlocal Agreement, County Ordinance No. 20i6-032 aud the ballot � language approved by voters in the referenduin called for "independent oversiglit by citizen c.ommittees" to review the County, tlie School Board, and the municipalities' respective - expenditures of Surtax proceeds; and . . .. .WHEREAS, the Interlocal_Agreement.and_County Ordinance.No. 2016-032 provide.that . _ _ _ . . . ', . the Villa e. of Te uesta "Villa e" ma create its own citizen oversi ht committee r �i � � to o de g q.. � $ ) Y g. P advice and recomznendation to the Village Council regazding the .Village's expenditure of Surtax � proceeds; and ' - , WHEREAS, the Village Planning & Zoning Board is�authorized to consider and make recommendations to the Village Council on such issues related to planning activities, as are specifically delegated to it• by the Village Council; and Page 1 of 5 � . , . � WHEREAS the Village Council believes that _given the current duties of �the Village Planning & Zoning Board, such Board is uniquely qualified anci experienced to provide. oversight regarding tlie Village's expenditure of Surtax.proceeds for the�financing, planning;�constructing, � . reconstructing renovating and improving.of needed infrastructure_within. the. Village; and WHEREAS; the Village Gouncil desires to designate the Village Planning &-Zoning ' Board to seive as the Village Infrastructure. Surfax Citizen Oversight Committee, and in'that role, the Planning: & Zoning.Boazd� shall be tasked with �ensuring tb;at-Surtax received by the - Village aie expended.in a manner consistent with Village Council direction, �the Statutes, the Interlocal Agreement, County Ordinance.No. 2016-032, and the ballot language approved liy - the voters. . NOW;.THEREFORE, BETT RESOLVED BY THE VILLAGE COUNCII; OF THE ., °-_ � . VII,LAGE OF TEQUESTA, PALM BEACH �COUNTY, FLORIDA, AS FOLLOWS: Section 1: Establishment and Purpose. The Village Council hereby designates the Village _ Planning & Zoning Board as the Village Infrast=ucture Surtax Citizen Odersight Committee : (the "Committee."). . The Village Council specifically _ delegates this. additional responsitiilify to . the. Planning &�Zoning Board pursuant to Section 22-53 � of Uillage Code. ; � Section 2: Membership and Qualifications: Term of Appointment: Vacancv: Ghair and Vice=Chair Appointments. 1Vlembership of the Committee, qualifications of Committee Meinbers, terms of appointment, the filling of vacancies, and the selection of a Chair and Vice-Chair shall be the same as for the Planning &• Zoning Board as provided for in Sections 22-51 through 22-53 of Village Code. Section 3: Responsibilities and Duties. The Committee sha11 act solely in an oversight and advisory capacity, to tlie Village Council. The .Committee shall piepaze an annual report to the Village Council regarding: 1. Whether �the Village's e�enditure of Surtax proceeds for the fiscal year was consistent with the requirements of Section 212.055(2), Florida Statutes, and the __ ballot language bythe voters; and _ � 2. Whether. ,the Village's expenditure of Surtax proceeds for the fiscal� year was � consistent with Village Couneil's approved Surt� proceeds expenditures. Section 4: Operations and Procedures. The Committee shall be govemed by the following niles_ of procedure: � Page 2 of 5 ' i. . A. 1Vleetin�s: -Pursuant to Section 22-56 of the Village .Code, meetings of the Planning & Zoning Board shall be scheduled and held as set by the Boazd with final approval by . ' Village Council_ � . . , . � ��_ All meetings and business of the Committee, and any Subcommittees, shall comply : . ._ . with and- be subject to the requirements of the .Florida Sunslune Law.(Chapfer 286 , Florida Statutes); the Florida. Public Records Law (Chapter 119, Florida Statutes); the _ � Florida, Ethics .Code (Chapter. 112, Florida Statutes), the .Palm Beach County Ethics � Code, t.�ie Pa1m Beach County 0ffice of inspector General Ordinance; and all . other �applicable local or state�statutes, ordinances; or rules: All meetings of the Committee and any Subcommittees shall be open to the public at:all times; sha11 be subject to public ,. participation requirements as outlined in tlie Florida: Statutes, and shall be conducted substantially in conformance with �Roberts Rules of Order. Minutes, of �each meetirig shall be recorded 6y the, Secretar'y assigned ;to the Committee `by the Village Clerk. �. B.- orum.. A quorum-shall consist a majority of the Board members. Recommendations . , -- and decisions� of the Committee sl�all be made by a majority of those pies.ent and .. . - ._.. : vohng: . . . . - � C; A e�ndas; The Community Development Director, with the assistance of the Chair, . shall prepare the meeting. agenda and distribute the agenda to all Membeis � �prior. to the meeting. . , . � . , . .� D. - Renorts: The Committee shall compile information received from the-Village on- Surtax expenditures so that it is able to provide an annual ieport to ttie � Village Council by � December 31 each .year; .or by� some other date � as determined by the Committee. _ � The Committee also shall provide a final report to Village Council prior to sun- •: setting and completing its operations. Village Staff shall provide support services to . the Committee, as needed, in order for the Committee to carry out its duties and responsibilities. � E: Subcommittees. By majority vote of those �members present and voting at a meeting, the Committee may create a subcommittee, task force, or work group to fiuther the purposes of the Committee. Any such task force, work group, or sub-committee shall be made up of Committee members, and shall report their findings and/or , recominendations back to the Committee for action, � � Section 5: Gompensation: 1Vlembers of the Committee shali receive no compensation for the performance of their duties and.responsibilities. Secfion 6: Sunset Provisions. Pursuant to County Ordinance No. 2U16-032, the Surtax �shall be in effect only through December 31, 2026. It shall "sunset" and expire thereafter, without further action by any local governinent. Altematively, the Surtax shall "sunset" in the event the total aggregate distributions of Surf� proceeds equal or exceed tlie amount of $2,700,000,000.00. on or before Septem6er.1. of any year during the term of the Surfax, in which event the BCC shall take all'necessary action to repeal tlie Surtax and notify the Florida Department.of Revenue prior . Page 3 of 5 . ___ . � . to tlie applicable deadline so that the Surtax will not continue for the following.calendar year. The � Planning 8i Zoriing Board shall continue to serve as �the Cominittee for the life of the Surtax, and �uutil .all Surtax proceeds are expended by the Village: Tliereafter, the Committee�. sha11 � automatically sunset.� No further action of the Village Council �is required for the sunset to occur, � � .�Section 7: � Effective Date: This Resolution shall� take effect immediately upon � adoptiori:. ' . . . . ., . . . Page 4 of 5