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HomeMy WebLinkAboutDocumentation_Planning and Zoning_Tab 03_02/16/2017 A 114 RESOLUTION NO. I l 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. 2016 -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 municipalities within Palm Beach County for the financing, 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 committee 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 Planning & Zoning Board, such Board is uniquely qualified and experienced to provide oversight regarding the 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 Council desires to designate the Village Planning & Zoning Board to serve as the Village Infrastructure Surtax Citizen Oversight Committee, and in that role, the Planning & Zoning Board shall be tasked with ensuring that Surtax proceeds received by the Village are expended in a manner consistent with Village Council direction, the Florida Statutes, the Interlocal Agreement, County Ordinance No. 2016 -032, and the ballot language approved by the voters. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE 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 Infrastructure Surtax Citizen Oversight Committee (the "Committee "). The Village Council specifically delegates this additional responsibility to the Planning & Zoning Board pursuant to Section 22 -53 of Village Code. Section 2: Membership and Qualifications; Term of Appointment; Vacancy; Chair and Vice -Chair Appointments. Membership of the Committee, qualifications of Committee Members, 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 shall act solely in an oversight and advisory capacity to the 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 year 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 expenditure of Surtax proceeds for the fiscal year 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. Meetings: Pursuant to Section 22 -56 of the Village Code, meetings of the Planning & Zoning Board shall be scheduled and held as set by the Board 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 119, Florida Statutes), the Florida Ethics Code (Chapter 112, Florida Statutes), the Palm Beach County Ethics Code, the Palm Beach 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 at all times, shall be subject to public participation requirements as outlined in the Florida Statutes, and shall be conducted substantially in conformance with Roberts Rules of Order. Minutes of each meeting shall be recorded by the Secretary assigned to the Committee by the Village Clerk. B. Quorum. A quorum shall consist a majority of the Board members. Recommendations and decisions of the Committee shall be made by a majority vote of those present and voting. C. Agendas: The Community Development Director, with the assistance of the Chair, shall prepare the meeting agenda and distribute the agenda to all Committee Members prior to the meeting. D. Reports: The Committee shall compile information received from the Village on Surtax expenditures so that it is able to provide an annual report to the Village Council by December 31' of each year, or by some other date as determined by the Committee. The Committee also shall provide a final report to the 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 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 recommendations back to the Committee for action. Section 5: Compensation. Members of the Committee shall receive no compensation for the performance of their duties and responsibilities. Section 6: Sunset Provisions. Pursuant to County Ordinance No. 2016 -032, the Surtax shall be in effect only through December 31, 2026. It shall "sunset" and expire thereafter, without further action by any local government. Alternatively, the Surtax shall "sunset" in the event the total aggregate distributions of Surtax proceeds equal or exceed the amount of $2,700,000,000.00 on or before September 1 of any year during the term of the 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 Board shall continue to serve as the Committee for the life of the Surtax, and until all Surtax proceeds are expended by the Village. Thereafter, the Committee shall 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 adoption. Page 4 of 5