Okaloosa County BOCC — January 8, 2013 — RESTORE ACT RESOLUTION — reading text

RESOLUTION NUMBER _______________ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, ESTABLISHING THE RESTORE ADVISORY COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in response to the Deepwater Horizon oil spill during the summer of 2010, the United States Congress has enacted the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, also known as the “RESTORE Act”; and WHEREAS, one purpose of the RESTORE Act is to ensure that the federal government distributes a substantial portion of fines or settlement amounts collected as a result of the oil spill to communities affected by the oil spill; and WHEREAS, there is a wide range of eligible activities and projects for funding from the Trust Fund established by the RESTORE Act, and WHEREAS, the Act requires that the selection of activities or projects to be funded be based on meaningful input from the public, including broad-based participation from individuals, businesses, and nonprofit organizations, and WHEREAS, the RESTORE Act empowers the Okaloosa County Board of County Commissioners with the authority to distribute certain amounts for various purposes and projects as designated by the Act; and 1  WHEREAS, the Board of County Commissioners finds that an advisory committee would assist the Board in determining which projects qualify for funding under the Act, and therefore would serve the public interest. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS The aforementioned recital clauses are hereby incorporated into this Resolution. SECTION 2. ESTABLISHMENT The Okaloosa County Board of County Commissioners hereby establishes the Okaloosa RESTORE Act Advisory Committee. SECTION 3. DUTIES OF THE RESTORE ACT ADVISORY COMMITTEE. The Okaloosa RESTORE Act Advisory Committee shall have the following duties and responsibilities to be performed with the assistance of a consultant to be engaged by the Board: A. That within the first six months of formation, the committee shall develop a plan, taking public input into consideration, that sets forth the final goals for the community’s use of the subject RESTORE funds. B. The Committee shall establish an application and 2 application procedure for potential projects or activities to be funded by RESTORE Act funds and solicit and accept all applications. C. The Committee shall review and rank each proposed project and activity based upon the guidelines provided in the RESTORE Act, federal rules, approved Okaloosa County Multi-Year Plan, community needs, desires, and other relevant factors, including the best available science for natural resource protection or restoration projects or activities. D. The Committee’s rankings shall be compiled in each category. The Committee shall then submit the lists to the Board of County Commissioners for review and approval or disapproval. The Board of County Commissioners may adopt a timeline for the ranking and approval process and any other deadlines it deems necessary. This timeline and other deadlines shall be binding on the Committee. E. The Committee shall provide input and assistance in the drafting of a multiyear implementation plan for the use of RESTORE Act projects and activities with the County, which shall include milestones, projected completion of each project or activity, and a mechanism to evaluate the success of each activity in helping to restore and protect the County. F. The Committee shall perform such other duties as determined by the Board. 3 SECTION 4. COMPOSITION OF THE COMMITTEE. The Committee shall consist of eleven (11) members who have been residents of Okaloosa County for at least three years and appointed by the Board of County Commissioners as follows: 1. One member recommended by the Niceville-Valparaiso Chamber of Commerce. 2. One member recommended by the Ft. Walton Beach Chamber of Commerce. 3. One member recommended by the League of Cities from the City of Crestview. 4. One member recommended by the League of Cities from the City of Destin. 5. One member from the education community who will be selected by the Commission through open application. 6. One member from the fishing or seafood industry who will be selected by the Commission through open application. 7. One member from the tourism or lodging industry who will be selected by the Commission through open application. 8. One member recommended by the Okaloosa Economic Development Council. 9. One member representing the environmental community who will be selected by the Commission through open application. 10-11. Two members from the County at-large. A committee member may not vote on, or recommend any 4 project for funding, that is submitted by any organization that he/she is employed by or a member of. Any conflicts of interest of this or any other type must be disclosed at the meeting and the proper forms filed in accordance with Florida law. SECTION 5. TERMS OF COMMITTEE MEMBERS. Committee members shall serve on the Committee until it has made all recommendations and completed its assignments as designated by the Board of County Commissioners. Should any Committee member cease to be an elector of the County, he or she shall cease to be a Committee member and shall be replaced by the Board of County Commissioners. Committee members may be removed by the Board of County Commissioners at any time with, or without cause. The Committee shall recommend to the Board of County Commissions the removal of a Committee member who accrues three unexcused absences from regularly-scheduled meetings of the Committee during the calendar year. Absences may be excused by a vote of the members of the Committee present at any meeting. SECTION 6. OFFICERS. A. Chairperson. The Committee shall elect a Chairperson to preside at all meetings. The initial Chairperson shall be elected at the first meeting of the Committee. Thereafter, the Chairperson shall be elected at the first meeting in January of each year and shall serve until the first meeting in January of 5 the following year. There shall be no term limits for a member to serve as Chairperson. B. Vice-Chairperson. The Committee shall elect a Vice- Chairperson to preside and act on behalf of the Chairperson during his or her absence. The term of office and method of election for the Vice-Chairperson shall be the same as the Chairperson. SECTION 7. REGULAR MEETINGS. The Committee shall establish a schedule of regular meetings, which shall be held at least every other month. A schedule of each year’s regular meetings shall be distributed to all Committee members in December of the preceding calendar year. SECTION 8. QUORUM AND VOTING. Seven (7) Committee members shall constitute a quorum for the purpose of conducting business. Each member shall exercise one vote on all matters subject to a vote of the Committee. All matters shall be decided by a majority vote of the members present. No member shall abstain from voting unless the member has, or there appears to be, a possible conflict of interest. SECTION 9. SPECIAL MEETINGS. The Chairperson may call a special meeting of the Committee on his or her initiative and shall call a special meeting at the request of any four members. 6 SECTION 10. LOCATION OF MEETING. Committing meetings shall be held in a County facility of sufficient size to accommodate those present which has the capability to live-stream audio and video of the meeting on the County website at such locations as the Committee may determine from time to time. SECTION 11. RULES OF PROCEDURE. The Committee may adopt its own rules of procedure. Until changed, action of the committee shall be by motion of one member, followed by a second by another member, and affirmative vote of those voting. Unless overruled by the Committee, the Chairperson shall conduct the meetings. SECTION 12. SUNSHINE LAW. The Committee shall be subject to and each member shall be responsible for compliance with the Florida Sunshine Law and the Florida Public Records Act. SECTION 13. AGENDA The Chairperson shall prepare an agenda for all meetings. Any Committee member may request that a matter be placed on the agenda. The agenda and related materials shall be posted on the County website and distributed to the members at least two business days prior to the meeting date. SECTION 14. MINUTES. Minutes shall be kept at each Committee meeting. The 7 written summary of each meeting shall be submitted for approval of the members at the next regular meeting. Each written summary shall reflect the persons in attendance, items discussed, each action taken at the meeting, and the vote of the members on each item presented at the meeting. SECTION 15. NOTICE OF PULIC MEETING. Notice of regular or special meetings of the Committee and the time and location of each meeting shall be published to the public. SECTION 16. EFFECTIVE DATE. That this Resolution shall become effective immediately upon adoption by the Board of County Commissioners. ADOPTED this 19th day of February, 2013. OKALOOSA COUNTY, a Political Subdivision of the State of Florida (Seal) By:_________________________ DON R. AMUNDS, Chairman ATTEST: _______________________ DON W. HOWARD Clerk of Circuit Court 8