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Item Q6BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 15, 2013 Division: Bulk Item: Yes x No Department: OMB Staff Contact Person/Phone #: Lisa Tennyson x4444 AGENDA ITEM WORDING: Notice of upcoming meetings related to RESTORE Act activities. ITEM BACKGROUND: The BOCC has convened a Local Advisory Committee to make recommendations for funding of projects from the "local" pot of RESTORE Act dollars. The County is also a member of the Gulf Consortium, an entity that represents the 23 Gulf counties formed to make decisions regarding projects to be funded from the "state" pot of RESTORE Act dollars, and recommendations to the Governor's office related to projects to be recommended for funding from the "federal" pot. The Local Advisory Committee will hold its first meeting on Thursday, May 16, 2013 at 11 at the Marathon Government Center. The County will be hosting a meeting of the Gulf Consortium on Friday, May 17, 2013 at 9 am at the Nelson Government Center in Key Largo. PREVIOUS RELEVANT BOCC ACTION: • February 20, 2013 BOCC adopted Resolution 094-2013 creating Monroe County Restore Act Advisory Committee, and its purpose, duties, and responsibilities. • March 20, 2013 BOCC approved its six appointees to Committee; the five municipalities have also appointed their representatives to Committee. • September 21, 2012 BOCC approval of Inter -local agreement to join the RESTORE Act Gulf Consortium; • September 21, 2012 BOCC selection of Mayor Neugent as representative and Commissioner Rice as the alternate representative to the RESTORE Act Gulf Consortium. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: 0 INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: 0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM 9 RESTORE Act UPDATE May 3, 2013 Upcoming Meetings/Events: • May 16, 2013, llam-lpm: First meeting of the Local Restore Act Committee in Marathon at Marathon Government Center. The Local Committee is the I I -member group representing Monroe County BOCC and the municipalities that will be reviewing and ranking projects for funding from the local pot of RESTORE Act funds. This first meeting will be an orientation on Sunshine, Ethics and Public Records, an overview of Oil Spill Funds and specifically, RESTORE; and an. intro into the role/responsibilities of the Local Committee. It will be video -recorded. • May 16, 2013, 5:30-7pm: Reception for the Gulf Consortium Directors and related attendees, Key Largo Government Center, Lobby. The Gulf Consortium Directors are County Commissioners appointed by their respective Commissions to represent their counties on the Consortium. They are traveling to Monroe County from as far away as the Panhandle, so many will be coming in the day before the meeting. The reception will give us an opportunity to meet/talk/network with them. • May 17, 2013, 9am-12pm(this may be extended until 2pm): Meeting of the Gulf Consortium Directors, Key Largo Government Center, BOCC Chambers. The Gulf Consortium is the entity that represents the 23 Gulf Coast counties in Florida that will be overseeing the distribution of the state pot of RESTORE Act funds. The Consortium convenes monthly at meetings held in the various Gulf Coast counties. The May meeting was decided to be held in Monroe (at the County's invitation). The meetings are on the County's website's calendar and county news. The meeting notices will also be on Channel 76. More information/agendas will be forthcoming General Info • The Treasury rules are still not out. • The Federal Council Comprehensive Plan draft is not out, but is anticipated shortly. • Transocean Civil Settlement: You've heard this before but it bears repeating. The funds from the civil settlement with Transocean will be directed thru RESTORE Act, and will follow the same rules and distribution formula. Based on that formula, Monroe will get $1.16M. 75% of these funds are expected to be available this year. In other words, this money will be available soon as opposed the bulk of the RESTORE Act funds which will come from BP's civil fine or settlement (if and when that happens). However, the distribution of these funds will still require we follow the process and rules (which haven't come out yet.) 1 • Transocean and BP Criminal Settlement: Transocean's criminal settlement amount is $400M; BP's criminal settlement amount is $413. Of this approx.. $4.413, $1.25 will be fines that fund the Oil Spill Liability Trust Fund. The US Dept of Justice selected to direct the balance of the funds (about $313) through the National Fish and Wildlife Foundation (NFWF.) NFWF is a national non-profit chartered by Congress, and governed by a 30-member Board that is approved by the Sec of Interior, US Wildlife Service and NOAA. NFWF is in the process of developing the distribution program for these funds, in accordance with the terms of the settlement. This $313 will be distributed among the five Gulf states. We are hearing they will be competitive grants, and that they will be injury -related. Nothing is out yet from them. State Legislative Activity Related to RESTORE and April 29 Trip to Tallahassee: • Pending legislation (Senate Bill 1024) was late last week filed that raised concerns among the Consortium for its attempt to re-route the flow of RESTORE Act funds. On Monday, April 29, 2013, the Gulf Consortium Committee of Eight Disproportionately Affected Counties had an emergency meeting in the State Capitol. The group stressed its unified desire that RESTORE Act funds follow the Federal Law with no interruption. • FAC and Consortium staff worked with several senate members who filed amendments deleting references to the RESTORE Act. • Another issue we had with this bill concerns its plan for distributing any economic damages revenue that may result from the suit just recently filed by Attorney General Pam Bondi ($613 suit.) Currently the bill directs almost all of this potential revenue to the 8 counties in the Panhandle. Since the attorney general's suit was based on statewide impact and statewide numbers, we would've liked to see the bill amended to share the proceeds shared more equitably throughout the State. • As of yesterday, the House passed a Senate -amended version of HB 7007, that takes out all references to RESTORE (which is good), but still includes the Bondi lawsuit 75% share to disproportionately affected counties. The bill also contains requirements for additional auditing of ALL oil spill -related expenditures by ALL counties (means more administrative work, but ok). The bill is now enrolled. • Meeting with Governor Scott's Chief of Staff Adam Hollingsworth. • This was a very good meeting, and fortunate get into see him at the busy end of session. (Thanks to JWS.) We discussed Mayfield fielding. • Relatedly, we spoke to him about the Governor's support for Monroe's submissions for RESTORE Act funding from the Federal pot for wastewater. He let us know the Governor would be relying heavily on DEP Commissioner Vineyard and Mimi Drew for his decisions. N Update on DEP submissions • Just this week, DEP has asked the Gulf Consortium counties to participate directly in the vet the hundreds of applications submitted to the agency. These are the projects that the State will forward to the Federal Council for funding from the "Federal Pot." Again, Monroe's submissions for this pot are for WW ($50M) and Canals/Stormwater ($32M.) The details for this process haven't been worked out yet. Counties were asked to assign staff for this task. Monroe has assigned a team: L.Tennyson as point, with K.Wilson and R.Haag for project -specific discussions, and P. Mathews for environmental/Sanctuary expertise. Early Restoration Funding/Projects and NRDA Funding • There were some press releases this week highlighting $58M in Early Restoration Projects for Florida Communities related to BP funding. This funding is coming from the Natural Resources Damage Assessment Trustees ("NRDA"). This funding, about $1001V1 in total for Florida, is ONLY for the 8 panhandle counties. It is remotely possible that future NRDA money will be used more broadly, but as it stands right now, we are not eligible for this. (Also, the funding is for environmental damage, no economic dev activities.) Monroe County's RESTORE Act Website • All information related to RESTORE is posted on the webpage. Information on the Local Committee and the Gulf Consortium, in addition to assorted documents related to RESTORE such as the Overview of RESTORE, the Funding Flow Chart, the Federal Legislation, etc. are also there. I will be updating that frequently. 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