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Home My WebLink AboutResolution_11-17_02/09/2017 RESOLUTION NO. 11-17 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA; DESIGNATING THE VILLAGE PLANNING & � ZONING BOARD AS THE VILLAGE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE; ESTABLISHING THE RESPONSIBILITIES AND DUTIES OF THE OVERSIGHT COMMITTEE; ESTABLISHING PROCEDURES FOR THE CONDUCT " � OF MEETINGS AND OPERATIONS; ESTABLISHING A SUNSET DATE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. � - WHEREAS, on May 10, 2016, Palm Beach County (the "County"), the School 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 Board of County Commissioners of Palm Beach County (the `BCC") adopted Ordinance No. 20'16-032 to impose a voter approved one percent (1%) local government infrastructure surtax (the "Surtax") to be utilized by the County, the School Board and the munici alities withiri Palm Beach Coun for the fin , p ty ancing, planning, constructing, reconstructing, renovating and improving of needed infrastructure; and WHEREAS, a referendum on the Surtax was held on November 8, 2016, and the voters of Palm Beach County approved said Surtax; and WHEREAS, the Interlocal Agreement, County Ordinance No. 2016-032 and the ballot language approved by voters in the referendum called for "independent oversight by citizen committees" to review the County, the School Board; and the municipalities' respective expenditures of Surtax proceeds; and WHEREAS, the Interlocal Agreement and County Ordinance No. 2016-032 provide that the Village of Tequesta ("Village") may create its own citizen oversight corrunittee to provide advice and recommendation to the Village Council regarding 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 Elanning & Zoning Board, such Board is uniquely qualified and experienced to provide oversight regarding ttte Village's expenditure of Surtax proceeds for the financing; planning;�consiructing reconstnicting renovating arid improving.of needed infrastructure within the.Yillage; and WHEREAS; the Village Gouncil desires to -designate the Village Planning & Zoning ' Board to ser.ve as the Village Infrastructure. Surtax Citizen Oversight Committee, and. in'that role, the Planning & Zoning.Board� shall tasked-witli ensuring tliat Surtax received by the �- Village are expended.in a manner consistent with Village Council direction, the Florida. Statutes, the Interlocal Agreement; County OrdinanceNo. 2016-032, and the ballot language approved liy � the voters. � � NOW; THEREFORE, BE RESOI.VED BY THE'VILLAGE COUNCII; OF T.HE .. -- VILLAGE OF'TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Establishment and Purpose. The Village Council hereby designates the.Viliage _ Planning & Board as the Village Infrastnicture Surtax Citizen Oversight Committee.(the `.`Committee"). The Village.Council specifically�.delegates tlus additional responsibility to the.. Planning & Zoning Board pursuant to Section 22-53� of Uillage Code. ' SecHon 2: Membership and 4ualifications: Term of Appointment< Vacancv� Gfiair and Vice=Chair Appointments: Membership of the Committee, qualifications of Committee Memliers, terms of appointment, the filling of vacancies, and the selection of a Chair and Vice-Chair sha11 be the same as for the_ Planning & Zoning Boazd as provided for in Sections-22-51 through �22-53 of � Village Code: � Section 3: Responsibilities and Duties. The Committee shall act solely in an oversight , - and advisory capacity. to tlie Village Council. The .Committee shall prepare an annual report to the Village Council regarding: � 1. Whether the Village's expenditure of Surtax proceeds for the. fiscal yeaz was consistent with the requirements of Section 212:055(2); Florida Statutes, and the ballot language approved by the voters; and _ � 2. Whether the Village's e�cpenditure of Surtax proceeds for the fiscal yeaz was � � consistent with Village Council's approved Surtax proceeds expenditures. Section 4: Operations and Procedures. The Committee shall be governed by the following rules of procedure`. � . Page 2 of 5 � . � - � A. -Meetin�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. Sunshine Law-(Chapter 286, �. Florida Statutes); the Florida Public Records Law (Chapter I1-9 Florida Statutes), the � � . Florida Ethics -Code (Chapter Florida Statutes), the .Palm Beach County Ethics : Code, tlie Palm: Beacfi County Office 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 atall times, shall be subject to public participation requirements as outlined in the Florida Statute"s, and shall be conducted � �substantially in confo'rmance with Roberts. Rules of Order. 1Vlinutes of each. meeting shall be recorded�by tlie. Secretary assigned to the Committee by the_ Village Clerk�. B. orurri.. A quorum. shall consist a majority. of the Board members. Recommendations � -�- and decisions of the Committee shall be made by a majorityvote ofthose pies.ent� and - � voting. � . . � . - . . . � C: A e�: The Community Development D'uector,�'with the assistance of the Chair, . � shall prepaiaze the meeting agenda and distribute the agenda t9, all Committee Membeis �prior. to the meeting. � . � � � D. Reports: The Committee shall compile information receive.d from the_Village on Surtax expenditures so that it is able to provide an annual report to the Village Council by. . December 3.1s�._of each .year; -or by- some :other date' as determined by the Cominittee. The Cominittee also shall �provide a final� report to the Viliage Couucil prior to sun- � setting and, completing its operations. Village Staff shall provide support services to the Committee, as needed, in order for ttie Coininittee to carry out. its duties and responsibilities. . E: Subcoinmittees. By majority vote of those present and voting at a meeting, the Committee may create a subcommittee, task force, or work group to further 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: Compensation: Members'of the Committee shali receive no compensation for the performance of their duties and responsibilities. Section 6: Sunset .Provisions. Pursuant to County Ordiriance 1Vo. 2U 16-032, the Surtax shall be in effect only through December 31, 2026. It shall "sunset" and expire thereafter, without further action by any local goyernment. Alfematively the Surtax shall "sunset" in the event the total aggregate distributions of Surtax proeeeds equal or exceecl the amount of $2,700,000,000.00 on or before September. l of any year during the term of tlie Surtax, in which event the BCC shall take all necessary action to repeal the Surtax and notify the Florida Department.of Revenue prior Page 3 of 5 � ., . � . . to the applicable deadline so that the. Surtax will not continue for the following.calendar'year. The Planning & Zoning Boazd shall continue to serve as the Committee for the life of the Surtax, and until � all Surtax proceeds are expended by the Uillage. Thereafter, the Committee sha11 automatically sunset. No further action of the Village Council is required foi the sunset to occur. � . Section 7: Effective Date: This Resolution shall take effect immediately upon adoption. Page 4 of 5 RESOLUTION 11-17 MOTION SECOND Council Member Frank D'Ambra Vico-Mayor Vince Arena VOTF.. � FOR AGAINST ABSENT ADOPTION ADOPTI�N Mayor Abby E3rennan � � � Vice-Mayor Vince Arena � � Council Member Steve Okun � � � Council Member Tom Paterno � � � Council Member Frank D'Ambra � � � The Mayor thereupon declared the Resolution duly passed and adopted on 9-Fcb-2017 MAYOR OF TEQUESTA / ATTEST: � ,p11\1111111 I I N I I I I I lllll/ CaE� � F Tt��"'°�, n.ti- � /� ' Y . �,Q'GpRPO PGy� Lori McWilliams, MMC � ;,,•' �..�N Village Clerk : � :D� ' ^' N� �RATEp ; _ � r9 � 4, 1 g � : •Y, ��' �4 � � `��,�«u��,,,,�,,,,�