Okaloosa County BOCC — January 8, 2013 — Jan 15 2013 RESTORE Workshop — reading text

January 15, 2013 RESTORE Act Workshop A workshop for updates on the RESTORE Act was called to order at 6:00 p.m. at the Water & Sewer Administration Building in Fort Walton Beach. Members present were Don Amunds, Chairman; Dave Parisot, Vice Chairman; Wayne Harris; Nathan Boyles; and Kelly Windes. Also present were Gary Stanford, Finance Officer, Clerk’s Office; John Dowd, County Attorney; Jim Curry, County Administrator; and members of the press. Mr. Amunds thanked everyone for their attendance at tonight’s workshop. He stated Mr. Parisot will begin with a PowerPoint presentation, then the floor will be opened for public commentary. Mr. Amunds said this is an important subject and encouraged citizen participation. However, if the comments become redundant, he advised he will close that portion of the meeting. After public comments, the Board will discuss establishing a RESTORE Advisory Committee. Mr. Parisot opened his presentation with a brief review of some of the various funding programs which have resulted from the Deepwater Horizon Oil Spill. He thanked T. J. Marshall of the Ocean Conservancy for providing the updated slide entitled “Flow of Oil Spill Funds in Florida.” Mr. Parisot provided a detailed explanation of this chart beginning with how the $4 Billion criminal penalty against BP would be divided, more particularly the portion which will go into the RESTORE Act Gulf Coast Restoration Trust Fund. Although not outlined on the slides, Mr. Parisot stated there is another program managed by the Florida Department of Economic Opportunity which provides $10 Million for economic development and job creation each year for three years. This program is now in its second year and is being called the “10-10-10 Program.” Mr. Parisot continued his explanation of the flow chart, outlining the various pots of money. The revised eight-county formula for distribution of Pot 1 monies was approved by the Okaloosa County Board of Commissioners on December 18, 2012 and supported by Resolution No. 12-208. He noted that as of today seven of the eight counties have adopted the eight-county resolution regarding the formula. The next two slide listed allowable activities for Pot 1 monies and how projects and programs are to be selected. January 15, 2013 -1- Minute Book 68, Page Okaloosa County Board of County Commissioners Topics on the next series of slides included: • Short Term Task which included developing a county RESTORE Multi-Year Plan and establishing an Okaloosa RESTORE Advisory Committee • Multi-Year Implementation Plan • RESTORE Timeline Mr. Parisot stated the most controversial slide deals with composition of the advisory committee. The Board must decide how many members will sit on this committee and what groups they will represent. Mr. Curry stated the second item on the agenda is Multi-year Plan Development. He felt the advisory committee should participate in the plan development. Mr. Curry pointed out the U.S. Treasury is currently promulgating rules. He underscored the importance of having a multi-year plan in place. Mr. Curry advised that in discussions with his counterparts throughout the state, he has learned most counties will hire a consulting company to assist with development of the plan and to aid the advisory committee. He reiterated the importance of having a plan in place before the dollars begin to flow and recommended the plan be ready by June. Mr. Amunds said he does not feel it is necessary to review 20 or 30 pages outlining what neighboring counties are doing (Item #3 on the agenda). He asked staff to display the flow chart he prepared on the composition of the advisory committee. Mr. Amunds proposed a seven-member committee consisting of two commissioners, two representatives of the cities, one member each representing the education, economic, and environmental sectors of the county. He also envisioned three sub- groups/working groups under the Education, Economic, and Environmental categories. Upon inquiry by Mr. Parisot, Mr. Dowd said he does not believe the working groups would be under the Sunshine Law provisions because they would not make recommendations directly to the Board. Mr. Parisot had also provided a possible committee composition in his presentation. One option was for a seven- member committee consisting of a representative from the League of Cities, the Chambers of Commerce, the School Board, Tourism, the Economic Development Council, the environmental community, and the Work Force Development Board. A nine-member proposal January 15, 2013 -2- Minute Book 68, Page Okaloosa County Board of County Commissioners would add an additional representative from the cities and the Chambers of Commerce. Mr. Harris, Mr. Windes, and Mr. Boyles stated they will reserve comment until after the public has an opportunity to address this subject. Mr. Mike Anderson, Fort Walton Beach, asked if staff will still provide input to the advisory committee if a consultant is hired. Mr. Amunds replied in the affirmative. Mr. Anderson questioned why commissioners should be on the advisory committee when that committee will report to the Board. He also recommended the commissioners have no voting privileges on the advisory committee. Mrs. Rebecca Sherry, Okaloosa Island, requested appointment to the advisory committee. She recommended the funds coming into the county be used to lower ad valorem taxes. Mrs. Sherry urged caution on preselecting categories from which to choose the committee members. Mrs. Sherry listed her qualifications. She also advocated for maximum transparency, saying the working groups should not be exempted from Sunshine Law requirements. Destin Mayor Sam Seevers thanked the commissioners for the great detail which has gone into this issue. She noted that everyone will not get what they want. Mayor Seevers referred to the proposal to have the municipalities represented by two individuals, saying she is hopeful there would be a person from North County and one from South County. As in the previous RESTORE Act workshop, she requested the League of Cities be allowed to choose their representatives. Mayor Seevers questioned one of the proposed committee compositions which had two county commissioners on it. She believed this could be a violation of the Sunshine Law for the Board to have two voting members on the committee. Mayor Seevers stressed the importance of having individuals from different aspects of the community on the committee. Mr. Amunds asked Mr. Dowd if it would be a violation of the Sunshine Law for two commissioners to serve on this committee if the meeting was properly announced/advertised. Mr. Dowd said he misunderstood the chart and thought Mr. Amunds was recommending two appointments by the BCC. Mr. Amunds said it could be reduced to one commissioner. Mr. Harris said this should be an January 15, 2013 -3- Minute Book 68, Page Okaloosa County Board of County Commissioners advisory committee and did not feel a commissioner could maintain objectivity if he was on it. Mr. Parisot stated there is a misconception the funding will act like a grant program. He said just because someone submits an application does not mean they will receive funding. Mr. Parisot pronounced funding must follow an established procedure with competitive bidding and task order approvals. Ms. Judy Stokes, Mary Esther Drive, asked how much of the money will go to infrastructure repair. Mr. Amunds replied that information is unknown at present. Ms. Stokes asked about repair of the older water pipes in Mary Esther. Mr. Amunds said he cannot answer for the city. She then asked about a grant for the city to repair the water lines. Mr. Harris and Mr. Amunds both told her there will be no grants. Mr. Dennis Mitchell, Laurel Hill, spoke about the number of committee members. He said 40 different groups have been identified with interest in being on the committee or in a sub- group. He felt nothing would get done if there are too many people on this committee. Mr. Dowd asked if the Board is going to make a decision on hiring a consultant to assist the advisory committee. Mr. Amunds answered that he wants to hear from the other commissioners and see if there is a consensus. Mr. Boyles asked if the Board can fund a position to be dedicated solely to this work. He posed questions on where the money to support administration of the program would come from. Mr. Amunds stated up to 3% of the monies can be used for administrative purposes. Mr. Parisot said Pot 1 is silent on administration costs but Pots 2 and 3 do allow 3% for administration. He added there appears to be no limits on hiring a consultant. Mr. Parisot reported there is still some question on whether you would be reimbursed for any expenditures made before the funds are actually disbursed. Mr. Curry agreed this is a gray area and they hope to have an answer very soon. He again encouraged having a plan and the advisory committee in place by June. Mr. Curry said if the Board gives the nod to a RFP for consulting services, staff could begin preparation and return it to the Board for review before any funds are spent and, hopefully, he will have an answer to the question of reimbursements. January 15, 2013 -4- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Curry said he does not believe everyone understands the magnitude of how this will impact Okaloosa County. He felt it important to bring in expertise for preparation of the plan so there is no push back from the Federal Government. Upon inquiry by Mr. Boyles, Mr. Curry said preparation of a RFP for a consulting firm will not be done alone. He explained that he has regular conference calls with FAC and other counties and we will all work together on preparation of the RFP. Upon further inquiry by Mr. Boyles, Mr. Curry said selection of the consultant would be based more on qualifications than costs. Mr. Harris stated that he is not as optimistic as others that we will get the money. He felt higher levels of government may intercept those funds. Mr. Harris said he believes we are still in the planning stage and that no commissioners should be on the advisory committee. He was of the opinion that it is too soon to make decisions on the committee but felt a committee should consist of five to seven members and no more than 11. Mr. Harris stated great caution must be taken in selection of these committee members and he believes it is too soon to select them tonight. He added that he supports a RFP to hire a consultant. Mr. Windes said he does not think commissioners should be on the committee and suggested those two slots be filled with a representative from the fishing and seafood industries and one from lodging and resorts. He agreed with Mr. Harris that 11 members would be too many on the committee and that he is prepared to make a motion to prepare a RFP for a consultant. Mr. Dowd said motions are not normally made during a workshop. Mr. Curry responded staff can take Board direction by consensus. Mr. Windes suggested this item be placed under Old Business for discussion and action at the next meeting. Mr. Parisot stated that he supports hiring a consultant. With regard to the size of the advisory committee, he said he would like to look at 7 or 9 members with no commissioners on it. He felt it important to keep politics out of it and suggested no members serving on the Tourist Development Council be considered for the lodging and resort industries position. Mr. Parisot supported a representative from the schools. He explained his rationale for putting someone from EDC on the committee to take