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HomeMy WebLinkAbout18-240RESOLUTION NO. 18-240 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ESTABLISHING THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE; ESTABLISHING THE MEMBERSHIP OF THE 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 April 3, 2018, the Board of County Commissioners of St. Lucie County (the "BCC") adopted Ordinance No. 18-004 to impose a voter approved half percent (.5%) local government infrastructure surtax (the "Surtax") to be utilized by St. Lucie County (the "County") and the municipalities within St. Lucie County for the financing, planning, constructing, reconstructing, renovating and improving of needed infrastructure; and WHEREAS, a referendum on the Surtax was held on November 6, 2018, and the voters of St. Lucie County approved the Surtax; and WHEREAS, County Ordinance No. 18-004 and the ballot language approved by voters in the referendum called for "independent oversight by citizen committees" to review the County's expenditures of Surtax proceeds; and WHEREAS, the Board of County Commissioners desires that the Infrastructure Sales Tax Oversight Committee be tasked with helping insure that Infrastructure Surtax proceeds are expended in a manner consistent with the Board's priority projects list, Ordinance No. 18-004 and state statute. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that: Section 1: Establishment and Purpose. The County hereby establishes the Infrastructure Surtax Citizen Oversight Committee (the "Committee") pursuant to County Ordinance No. 18-004 and the ballot language approved by the voters. Section 2: Membership and Qualifications: Term of Appointment; Vacancy A. The Committee shall consist of seven (7) members and one (1) alternate. All members shall have the following qualifications: 1. A member shall be a resident of St. Lucie County; Page 1 of 5 2. One member shall be appointed by each member of the BCC; 3. Two members shall be appointed at large; 4. At -large members shall serve a term of four years; 5. Members shall not be elected officials or County staff members; 6. Consideration should be given to applicants to the Committee that have a background in engineering, planning or finance. B. The term of each member of the Committee appointed by an individual Board member shall coincide with the terms of the BCC member that appointed the member of the Committee. C. All Committee Members appointed by an individual Board member shall serve at the pleasure of the BCC member who appointed the Committee member. Committee Members shall be automatically removed for lack of attendance. Lack of attendance means failure to attend three (3) consecutive regularly scheduled meetings or failure to attend at least two-thirds of the regularly scheduled meetings during a calendar year. Participation for less than three -fourths of a meeting shall be the same as a failure to attend a meeting. Absences shall be entered into the minutes of the Committee meeting. D. Vacancies occurring for any reason during the term of office by a Committee Member shall be filled within ninety (90) days from the date of the vacancy. Section 3: Responsibilities and Duties. The Committee shall act solely in an oversight and advisory capacity to the BCC. The Committee shall not be responsible for identifying projects or determining the priority of a proposed project on the approved projects list. Project priorities are determined by the BCC based upon many factors, including, but not limited to, availability of surtax revenues along with the status of project design and permitting. The Committee shall have the following responsibilities and duties: A. Prepare an annual report to the BCC regarding: 1. Whether County'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 County's expenditure of Surtax proceeds for the fiscal year was consistent with the County's approved Surtax proceeds project list, if any, or any future revisions to that list as approved and adopted by the BCC. Page 2 of 5 B. Review documents and projects: 1. The Committee will be presented with appropriate documents, plans, budgets, designs, permits (or permit applications), reports, photographs, presentations or other materials to sufficiently determine the status of each project. 2. Review and comment upon any changes or additions to the project list that may occur as a result of emergencies, hurricanes or other acts of God that might necessitate altering the projects list. In the case of an emergency, the Committee may be consulted after -the -fact. Section 4: Operations and Procedures. The Committee shall be governed by the following rules of procedure: A. Chair and Vice Chair: During the initial meeting of the Committee (organizational), the Committee shall select a Chair and Vice Chair from its membership to preside over and conduct meetings. The Chair and Vice Chair shall be selected by a majority vote of the Committee Members. After the first year of service, the Committee shall annually select one of its members as Chair and one of its members as Vice Chair. In the event the Chair or Vice Chair of the Committee is not fulfilling his or her responsibilities, the Committee, may in its own discretion, remove said Committee Member from the Chair or Vice Chair position, and appoint a replacement for the remainder of the term. B. Meetings: The Committee shall meet quarterly, or as needed, as determined by the Committee in order to fulfill its duties and responsibilities. The Committee shall endeavor to schedule the first meeting of the Committee in March of 2019. During the initial (organizational) meeting of the Committee, the Committee shall, by majority vote, set a meeting schedule for the upcoming year. The Committee shall set meeting schedules for subsequent years as determined by the Committee. The meeting schedule shall include the date, time, and location of the meetings. 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), 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. Minutes of each meeting shall be recorded. C. Quorum. A quorum shall consist of no less than four (4) members. Page 3 of 5 Recommendations and decisions of the Committee shall be made by a majority vote of those present and voting. D. Agendas. The County Administrator or designee, with input and assistance from the Chair, shall be responsible for preparing the meeting agenda and distributing the agenda to all Committee Members prior to the meeting. E. Reports. The Committee shall compile information received from the County on Surtax expenditures so that it is able to provide annual reports to the BCC by December 31s' of each year, or by some other date as determined by the Committee. The Committee also shall provide a final report to the BCC prior to sun -setting and completing its operations. F. Subcommittees. By majority vote of the Committee Members present and voting, a subcommittee, task force, or work group, may be created to further the purpose 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. G. Staff Support. The County shall provide the Committee adequate staff and support services to enable the Committee to carry out its duties and responsibilities. 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. 18-004, the Surtax shall be in effect only through December 31, 2028. It shall "sunset" and expire thereafter, without further action by any local government. The Committee shall remain in effect for the life of the Surtax imposed pursuant to County Ordinance No. 18-004 and until all Surtax proceeds are expended by the BCC. Thereafter, the Committee shall automatically sunset. Section 7. Effective Date: This Resolution shall take effect immediately upon its adoption. Page 4 of 5 PASSED AND DULY ADOPTED this 27th day of November, 2018. ATTEST: m X co Gc`�c�Uk7Y, FLA�`QP BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY:, CHAIR APPROVED S FORM /- C UNTY A NEY Page 5 of 5