Okaloosa County BOCC — Sept 11, 2012 — Wakulla Ordinance — reading text

ORDINANCE NO. LA -30 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, CREATING THE WAKULLA COUNTY RESTORE ACT ADVISORY COMMITTEE; ESTABLISHING THE PURPOSE OF THE WAKULLA COUNTY RESTORE ACT ADVISORY COMMITTEE; SETTING FORTH THE DUTIES AND RESPONSIBILITIES OF THE WAKULLA COUNTY RESTORE ACT ADVISORY COMMITTEE; PROVIDING FOR’ THE MEMBERSHIP AND MEETINGS OF THE RESTORE ACT ADVISORY COMMITTEE; PROVIDING VOTING REQUIREMENTS; REQUIRING COMPLIANCE WITH APPLICABLE LAWS; PROVIDING FOR CODIFICATION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Wakulla County Board of County Commissioners (the “Board”) recognizes that with the passage of RESTORE Act in the Summer of 2012, that millions of dollars will come to Florida as a result of fines levied against companies responsible for the 2010 Deepwater Horizon explosion and oil spill; and WHEREAS, the RESTORE Act requires that the U.S. Treasury, in consultation with other federal agencies, establish procedures for passing the fines levied (or the “funds”) to the recipients as so designated by the RESTORE Act. The U.S. Treasury will retain 20 percent of all fines collected for administration and accountability of the fines collected, therefore leaving 80 percent of the fines collected to be allocated and distributed according to the RESTORE Act; and WHEREAS, the RESTORE Act specifically allocates 35 percent, of the 80 percent, of the fines collected to be made available exclusively to Texas, Mississippi, Louisiana, Alabama and Florida (the “Gulf Coast States”), in equal shares; and WHEREAS, Florida’s share of the 35 percent allocation is to be split between the Gulf Coast counties with 75 percent going to those counties identified as being disproportionately impacted (i.e., Escambia, Santa Rosa, Okaloosa, Watton, Bay, Gulf, 1 Franklin and Wakulla) divided based upon an agreed to formula and 25 percent of the fines to be allocated to those counties that front on the Gulf coast, but were non- disproportionately impacted (i.e., Jefferson County south to Monroe County) by the 2010 Deep Water Horizon event; and WHEREAS, the RESTORE Act, section 1603 (3) further defines the use and eligible activities for which these funds may be used by the Gulf Coast states for ecological and economic restoration within the Gulf Coast region, as follows: (I) Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. (Il) = Mitigation of damage to fish, wildlife, and natural resources. (I) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring. (IV) Workforce development and job creation. (V) Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill. (VI) Infrastructure projects benefitting the economy or ecological resources, including port infrastructure. (VII) Coastal flood protection and related infrastructure. (VII) Planning assistance. (IX) Administrative costs of complying with this section." * Cannot exceed three percent (3%). WHEREAS, the RESTORE Act, section 1603 (3) additionally defines the use and eligible activities for which these funds may be used by the Gulf Coast states for promotion of tourism and seafood in the Gulf Coast region, as follows: (I) Promotion of tourism in the Gulf Coast Region, including recreational fishing. di) Promotion of the consumption of seafood harvested from the Gulf Coast Region. WHEREAS, the Board finds that it is in the best interest of the citizens of Wakulla County to receive input on the use of the RESTORE Act funds and eligible projects from a committee of individuals who have a broad range of knowledge and experience with one or more of the aforementioned allowable uses recognized by the RESTORE Act; and, . WHEREAS, the Board recognizes that it must be prepared to receive, review and award projects in the best interest of the County, report on expenditures and recommendation and awards, and account for the funds coming to Wakulla County; WHEREAS, the Board now desires to create the Wakulla County RESTORE Act Advisory Committee (‘Committee’). NOW, THEREFORE, be it resolved by the Board of County Commissioners of Wakulla County, Florida, that: SECTION 1. RECITALS. The above recitals are true and correct and are hereby incorporated herein by reference. SECTION 2. CREATION OF THE WAKULLA COUNTY RESTORE ACT ADVISORY COMMITTEE. The Wakulla County Board of County Commissioners hereby creates a thirteen-member committee to be called the “Wakulla County RESTORE Act Advisory Committee” or “RESTORE Committee,” having the responsibilities and authority to perform the tasks set forth in this Ordinance. SECTION 3. DUTIES AND RESPONSIBILITIES OF THE WAKULLA COUNTY RESTORE ACT ADVISORY COMMITTEE. The Wakulla County RESTORE Act Advisory Committee shall perform the following functions: (1) (2) (3) (4) (5) (6) (7) Establish an application and application procedure for potential projects or activities to be funded by RESTORE Act funds and solicit and accept all applications; Hold no less than five advertised public meetings to encourage and solicit broad-based citizen input on the potential projects and activities from individuals, businesses, and nonprofit organizations; Review and rank each proposed project and activity based upon the guidelines provided in the RESTORE Act, federal rules, community needs, desires, and other relevant factors, including the best available science for natural resource protection or restoration projects or activities; Provide monthly status reports to the Board of County Commissioners; Prepare and present a ranked project and activity list to the Board of County Commissioners no later than March 5, 2013; Track those projects and activities approved for funding, those referred to or funded from other potential funding sources, and those denied for funding; Provide input and assistance to the County in developing and submitting a multiyear implementation plan for the use of RESTORE Act projects and activities within the County, which shall include milestones, projected completion of each project activity, and a mechanism to evaluate the success of each activity in helping to restore and protect the County; and (8) | Such other duties as determined by the Board. SECTION 4. MEMBERSHIP OF RESTORE COMMITTEE AND MEETINGS. (A) The members of the RESTORE Committee shall be appointed by resolution of the Board as a whole and shail include thirteen persons who are residents of the County. The members shall receive no compensation for the performance of their duties as members of the RESTORE Committee, but each such member may be paid necessary expenses, as authorized in section 112.061, Florida Statutes, incurred while engaged in the performance of such duties to the extent funds are available and "such expenses are approved in advance by the Board. (B) in order to ensure that the RESTORE Committee is comprised of members with diversified backgrounds, as well as the expertise necessary to perform the responsibilities set forth in this Ordinance, the Board hereby establishes the following criteria for the composition of the Committee: (1) One member from the Wakulla County Board of County Commissioners, to be selected by the Board. (2) One member from the City of Sopchoppy, to be selected by the Sopchoppy City Commission. . (3) | One member from the City of St. Marks, to be selected by the St. Marks City Commission. (4) | One member from the Panacea Water Fronts, to be selected by the Panacea Water Fronts Board of Directors. (5) One member from the Wakulla Chamber of Commerce, to be selected by the Chamber's Board of Directors. -(6) | One member from the Economic Development Council (EDC), to be selected from the EDC. (7) One member from Tourist Development Council (TDC) Board Member, to be selected by the TDC. (8) One member from the Wakulla County School Board or Administration, to be selected by the School Board. (9) One member from the Wakulla TCC Campus, to be selected by the TCC Board of Directors. (10)One member from the Shell Point, Oyster Bay, Spring Creek communities, to be selected by the Board through an application process. (11) One member from the Fishing industry, to be selected by the Board through an application process. (12) One member from the Natural Resources area, to be selected by the Board through an application process. (13) One member as a Wakulla County Citizen at Large who must possess financial, accounting, or budgeting experience, to be selected by the Board through an application process. (C) Each member shall be allowed to appoint an alternate designee in the event the member must be absent from any meeting. Designees shall be subject to the same membership criteria as the member. (D) No Member or their designee shall receive any personal gain from serving on the RESTORE Committee. As members of an advisory body, all RESTORE Committee members shall be governed by the standards of conduct provided in Sections 112.313 and 112.3143, Florida Statutes. (E) Member vacancies shall be filled in the same manner as the original appointment. (F) Any member of the RESTORE Committee may be removed by the Board for misfeasance, malfeasance, failure to attend three or more consecutive meetings for any reason whatsoever, or willful neglect of duty. (G) Each member of the RESTORE Committee, before entering upon his duties, shall take and subscribe the oath or affirmation required by the state Constitution. A record of each such oath shall be filed with the Clerk of the Court. (H) Each member of the RESTORE Committee shall be deemed to be a local officer as provided in section 112.3145(1)(a), Florida Statutes, and shall file a statement of financial interests in compliance with that section. (i At the organizational meeting and annually thereafter, the members of the RESTORE Committee shail appoint one member to serve as Chair for a one-year term. At the organizational meeting and annually thereafter, the members of the Committee shall appoint one member to serve as a liaison between the RESTORE Committee and the County Administrator. The County Administrator shall appoint a staff person to serve as the RESTORE Committee secretary. (J) The RESTORE Committee shall meet at least weekly for the first two weeks for the purposes of orientation, establishing bylaws, electing a Chair and liaison, developing an application, procedures and other administrative business necessary to prepare for accepting projects and making recommendations to the Board. Thereafter the Committee may meet fess frequently for the purpose of conducting the business of the RESTORE Committee. SECTION 5. VOTING REQUIREMENTS. (A) A majority of the members of the RESTORE Committee shall constitute a quorum for purposes of conducting RESTORE Committee business at a meeting, and the affirmative vote of a majority of the members present at any given RESTORE Committee meeting shall be necessary for any action taken by the RESTORE Committee. No vacancy in the membership of the RESTORE Committee shall impair the right of a quorum to exercise all the rights and perform all the duties of the RESTORE Committee. (B) Any action taken by the RESTORE Committee under the provisions of this Ordinance may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted, unless otherwise required by law. SECTION 6. COMPLIANCE WITH APPLICABLE LAWS. The RESTORE Committee, its members, and all of its proceedings shall be governed by and comply with the provisions of the Florida Sunshine Law, F.S. Ch. 286, the Florida Public Records Law, F.S. Ch. 119, and the Florida Code of