Okaloosa County BOCC — May 17, 2013 — reading text

April 30, 2013 To: Ernie Padgett, Okaloosa County Administrator From: Kay Rasmussen, EDC Interim President Subject: Recommendations for Enterprise Zone Development Agency Board Members. Request for Attachment: EDC Memo 5-7 (1682 : Approval of Committee Appointments & Reappointments) May 7, 2013 agenda placement. The Economic Development Council through its role as the Okaloosa County/Crestview Enterprise Zone Coordinator, requests approval by the Board of County Commissioner’s for the following replacements to the Enterprise Zone Development Agency Board and reappointments of certain appointees. The names listed below are those being recommended to the board. Additionally, Mary Lou Reed resigned from the Board and as Board Chair therefore we recommend Linda Sumblin, to fill the vacancy of Mary Lou Reed through 2013 and to serve as Board Chair. Vacancy Appointee Current Term Expiration_ • Linda Sumblin Fill vacancy of Mary Lou Reed 2013 New Appointees Current Term Term Expiration_ • Linda Sumblin 2013 2017 • Al Appling n/a 2016 • Shannon Hayes n/a 2016 • Wayne Steele (pending Council Approval) 2016 With the possibility of the Florida Enterprise Zone Act “sunseting” December 31, 2015 (s.11, ch2005-287), we are requesting reappointments of the following board members whose appointments will expire in 2013 for continuity and oversight of the program. Appointee Current Term Expiration New Term Expiration • Jerry Parker 2013 2015 • Keith Brace 2013 2015 • Dwight Baggett 2013 2016 • Linda Parker 2013 2017 1st Term 2nd Term Appointee 2013 2014 2015 2016 2017 Expiration Expiration Linda Sumblin Vacancy 4 year term 2013 2017 Al Appling 4 year term 2016 n/a Shannon Hayes 4 year term 2016 n/a Wayne Steele 4 year term 2016 n/a Linda Parker Current 4 year term 2013 2017 Dwight Baggett Current 3 year term 2013 2016 Jerry Parker Current 2 year term 2013 2015 Keith Brace Current 2 year term 2013 2015 Tim Grandberry Current 2014 n/a For BCC Review Unchanged P.O. Box 4097, Fort Walton Beach, FL 32549 (850)362-6467 (800)995-7374 (850)362-6471 fax www.florida-edc.org Packet Pg. 328 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubM... 5.20.b Select Year: The 2012 Florida Statutes Title XIX Chapter 290 View Entire Chapter Attachment: Related Statute (1682 : Approval of Committee Appointments & Reappointments) PUBLIC BUSINESS URBAN REDEVELOPMENT 1290.0056 Enterprise zone development agency.— (1) Upon adoption of the resolution as provided in s. 290.0055(1)(a), the county or municipality shall create a public body corporate and politic to be known as an “enterprise zone development agency.” For an area nominated by a county and one or more municipalities jointly, the county shall create the agency. Each such agency shall be constituted as a public instrumentality, and the exercise by an enterprise zone development agency of the powers conferred by this act shall be deemed and held to be the performance of an essential public function. The enterprise zone development agency of a county has the power to function within the corporate limits of a municipality only if the governing body of the municipality has by resolution concurred in the enterprise zone development plan prepared pursuant to s. 290.0057. (2) When the governing body creates an enterprise zone development agency, that body shall appoint a board of commissioners of the agency, which shall consist of not fewer than 8 or more than 13 commissioners. The governing body may appoint at least one representative from each of the following: the local chamber of commerce; local financial or insurance entities; local businesses and, where possible, businesses operating within the nominated area; the residents residing within the nominated area; nonprofit community-based organizations operating within the nominated area; the regional workforce board; the local code enforcement agency; and the local law enforcement agency. The terms of office of the commissioners shall be for 4 years, except that, in making the initial appointments, the governing body shall appoint two members for terms of 3 years, two members for terms of 2 years, and one member for a term of 1 year; the remaining initial members shall serve for terms of 4 years. A vacancy occurring during a term shall be filled for the unexpired term. The importance of including individuals from the nominated area shall be considered in making appointments. Further, the importance of minority representation on the agency shall be considered in making appointments so that the agency generally reflects the gender and ethnic composition of the community as a whole. (3) A commissioner shall receive no compensation for his or her services, but is entitled to the necessary expenses, including travel expenses, incurred in the discharge of his or her duties. Each commissioner shall hold office until a successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner is conclusive evidence of the due and proper appointment of the commissioner. (4) The powers of an enterprise zone development agency shall be exercised by the commissioners. A majority of the commissioners constitutes a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws require a larger number. (5) The governing body shall designate a chair and vice chair from among the commissioners. An agency may employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it requires, and determine their qualifications, duties, and compensation. For such legal service as it requires, an agency may employ or retain its own counsel and legal staff. An agency authorized to transact business and exercise powers under this act shall file with the governing body, on or before March 31 Packet Pg. 329 1 of 3 5/1/2013 11:04 AM Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubM... 5.20.b of each year, a report of its activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. The agency shall make the report available for inspection during business hours in the office of the agency. (6) At any time after the creation of an enterprise zone development agency, the governing body of the county or municipality may appropriate to the agency such amounts as the governing body deems necessary for the administrative expenses and overhead of the agency. (7) The governing body may remove a commissioner for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if the commissioner has been given a copy of the charges at least 10 days Attachment: Related Statute (1682 : Approval of Committee Appointments & Reappointments) prior to the hearing and has had an opportunity to be heard in person or by counsel. (8) The enterprise zone development agency shall have the following powers and responsibilities: (a) To assist in the development, implementation, and annual review and update of the strategic plan or measurable goals. (b) To oversee and monitor the implementation of the strategic plan or measurable goals. The agency shall make quarterly reports to the governing body of the municipality or county, or the governing bodies of the county and one or more municipalities, evaluating the progress in implementing the strategic plan or measurable goals. (c) To identify and recommend to the governing body of the municipality or county, or the governing bodies of the county and one or more municipalities, ways to remove regulatory barriers. (d) To identify to the local government or governments the financial needs of, and local resources or assistance available to, eligible businesses in the zone. (e) To assist in promoting the enterprise zone incentives to residents and businesses within the enterprise zone. (f) To recommend boundary changes, as appropriate, in the enterprise zone to the governing body. (g) To work with organizations affiliated with Florida Agricultural and Mechanical University, the University of Florida, and the University of South Florida, a group of universities unofficially named the “University Partnership for Community Development,” or similar organizations that have combined their resources to provide development consulting on a nonprofit basis. (h) To work with the department and Enterprise