Resolution 094-2013RESOLUTION NO. 094 -2013
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY,
FLORIDA CREATING THE MONROE COUNTY RESTORE ACT ADVISORY
COMMITTEE; ESTABLISHING THE PURPOSE OF THE MONROE COUNTY
RESTORE ACT ADVISORY COMMITTEE; SETTING FORTH THE DUTIES AND
RESPONSIBILITIES OF THE MONROE COUNTY RESTORE ACT ADVISORY
COMMITTEE; PROVIDING FOR THE MEMBERSHIP OF THE MONROE COUNTY
RESTORE ACT ADVISORY COMMITTEE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the United States Congress passed the "Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf
Coast States Act of 2012," known as the RESTORE Act, to establish a trust fund for
deposits of 80% of administrative and civil penalties exacted from parties responsible
for the Deepwater Horizon oil spill for distribution of the funds among the affected
states, and
WHEREAS, the RESTORE Act requires 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;
WHEREAS, the RESTORE Act specifically allocated 35% of the 80% of the fines
collected to be made exclusively to the five Gulf Coast states of Texas, Mississippi,
Louisiana, Alabama and Florida, in equal shares; and
WHEREAS, Florida's share of the 35% allocation is to be split between the Gulf
Coast counties with 75% going to those 8 counties identified as being disproportionate
impacted (ie, Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, and
Wakulla) divided based upon an agreed formula, and 25% of the fines to be allocated to
those 15 counties that front on the Gulf Coast, but were non - disproportionately
impacted) by the Deepwater Horizon event divided by an established formula; and
WHEREAS, Monroe County is identified as one of the 15 non - disproportionately
impacted counties and will be the recipient of RESTORE Act funds, should they be
distributed;
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 regions, as follows:
1) Restoration and protection of the natural resources, ecosystems, fisheries,
marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast
region.
2) Mitigation of damage to fish, wildlife, and natural resources.
3) Implementation of a federally approved marine, coastal or comprehensive
conservation management plan, including fisheries monitoring.
4) Workforce development and job creation.
5) Improvements to or on State parks located in coastal areas affected by the
Deepwater Horizon oil spill.
6) Infrastructure projects benefitting the economy of ecological resources,
including port infrastructure.
7) Coastal flood protections and related infrastructure.
8) Planning assistance.
9) Administrative costs of complying with this section, which cannot exceed 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:
1) Promotion of tourism in the Gulf Coast Region, including recreational fishing.
2) Promotion of the consumption of seafood harvested from the Gulf Coast
Region.
WHEREAS, the RESTORE Act empowers the Monroe County Board of County
Commissioners with the authority to distribute certain amounts of funds for various
purposes and projects as designated by and consistent with the Act; and
WHEREAS, the Board of County Commissioners recognizes that it must be
prepared to receive, review, and award projects in the best interest of the County, and
account for the funds coming to Monroe County; and
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.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Creation of the Monroe County RESTORE ACT Advisory Committee.
The Board of County Commissioners ( "BOCC') hereby creates an eleven- member
council to be called the Monroe County RESTORE Act Advisory Committee.
Section 2. Duties and Responsibilities. The Monroe County RESTORE Act Advisory
Committee shall perform the following functions:
1) Establish an application and application procedure for potential projects
according to the RESTORE Act eligible activities list, for consideration of funding.
2) Solicit and accept all applications that comply with RESTORE Act eligible
activities list.
3) Hold advertised public meetings to encourage and solicit broad based input on
the potential projects submitted.
4) Review and rank each proposed projects based upon the guidelines provided in
the RESTORE Act, federal rules, community needs, and other relevant factors
for the purpose of developing recommendations for consideration of funding to
the BOCC.
5) Provide monthly status reports.
6) Prepare and present a ranked project list to the BOCC for review and approval.
7) Utilize any ranking criteria adopted by the BOCC.
8) Follow timelines established by the BOCC for the ranking and recommending
projects for approval and any other deadlines set by the BOCC.
9) Work or consult with any technical advisors, firm, coalition, or consultants as
directed by the BOCC to carry out the purposed of the Committee.
10) Such other duties as determined by the BOCC.
Section 3. Membership
1) The Committee shall consist of eleven (11) members who are residents of
Monroe County with the following composition:
a. One representative appointed by each of the five County Commissioners.
b. One representative appointed by the Monroe County Gulf Consortium
Director.
c. One representative appointed by The City of Key West.
d. One representative appointed by The City of Marathon.
e. One representative appointed by The Village of Islamorada.
f. One representative appointed by The City of Layton.
g. One representative appointed by The City of Key Colony Beach.
2) No member shall receive any personal gain from serving on the RESTORE
Committee. As members of an advisory committee, all RESTORE Committee
members shall be governed by the standards of conduct provided for in Florida
law, including but not limited to, F.S. 112.313 (Ethics Code), F.S. 112.3143
(Voting Conflicts), F.S. 119.07 (Public Records), and F.S. 286.011 (Sunshine
Law).
3) All appointments to the Committee shall be for a term of one year. There is no
limit to the number of terms.
4) Member vacancies shall be filled in the same manner as the original
appointments.
5) Each member of the RESTORE Committee, before entering upon his /her duties,
shall take and subscribe the oath or affirmation required by the State
Constitution.
6) Each member of the RESTORE Committee shall be deemed to be a local officer
as provided in F.S. 112.3145, and shall file a statement of financial interests in
compliance with that statute within 30 days of appointment and by July 1 st of
each year.
7) All members must have experience or expertise in one or more of the following
areas: the environment, coastal resources, business development, tourism or
economic development.
8) Any member of the Committee may be removed upon the motion of his /her
respective governing body making that appointment.
Section 4. Meetings and Voting
1) At the organizational meeting and annually thereafter, the members of the
RESTORE Committee shall appoint one member to serve as Chair, to preside at
all meetings, and one member to serve as Vice -Chair to preside and act on
behalf of the Chair in his /her absence, for one -year terms. There shall be no term
limits for a member to serve as Chair or Vice - Chair.
2) The County Administrator shall appoint a staff person to assist the Committee.
3) The RESTORE Committee shall meet as often as is necessary in the first 12
weeks for the purposes of orientation, establishing by -laws, electing a Chair and
Vice - Chair, developing an application, procedures, and other administrative
business necessary to prepare for accepting projects and making
recommendations to the Board. Thereafter, the Committee shall establish a
schedule of regular meetings, which shall be held at least every other month.
4) The Chair may call a special meeting of the Committee on his or her initiative, or
shall call a special meeting at the request of a quorum.
5) A majority of the 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 a conflict of interest.
6) Committee meetings shall be held in a public facility of sufficient size to
accommodate those present and at such location as the Committee may
determine from time to time.
7) The Committee shall conduct its meeting in accordance with the current edition
of Robert's Rules of Order.
8) Minutes shall be kept at each meeting. The written summary of each meeting
shall be submitted for approval of the members at the next regular meeting. Each
written summary shall reflect the committee members in attendance, items
discussed, each action taken at the meeting, and the vote of the members on
each item presented at the meeting.
9) The Committee shall meet within one month after the BOCC approves the
members appointed as outlined in Section 3(1).
Section 5. Effective Date
This Resolution shall become effective immediately upon its adoption.
Section 6. Municipal Coordination
The Clerk is directed to send copies of this Resolution to the Mayors of the five
municipalities within the County. In the event that a municipality does not appoint a
representative within 30 days of the adoption of this Resolution or in the event a
municipal appointment position is becomes vacant, the County Mayor may appoint an
interim committee member who is a resident of that municipality and who shall serve
until that municipality appoints a replacement.
4
PASSED AND ADOPTED by the Board of County Commissioners of Moe CoVty
Florida, at a regular meeting of said Board held on the 20 day of FebrLF 201
o
Mayor George Neugent Yes
Mayor Pro Heather Carruthers Yes
Commissioner Danny Kolhage Yes o
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
(Seal) AMY HEAYILIN, Clerk Monroe ounty Boar of Commissi ners
Attcs G.— O- �- By: o
Clerk of Court Mayor
MONROE O ATTORNEY
APP AS O F
4MBERT B. SH I NOER, JR.
DNs 3 ' / — %
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289 -6027
FAX (305) 289 -6025
60
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OF COUNty.
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the- court.com
March 5, 2013
Mayor Ron Sutton
City of Key Colony Beach
PO Box 510141
Key Colony Beach FL 33051 -0141
Honorable Mayor Sutton,
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Enclosed please find a certified copy of Resolution No. 094 -2013 creating the Monroe
County Restore Act Advisory Committee; establishing the purpose of the Monroe County
Restore Act Advisory Committee; setting forth the duties and responsibilities of the Monroe
County Restore Act Advisory Committee; providing for the membership of the Monroe County
Restore Act Advisorty Committee; and providing for an effective date.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting held in formal session on February 20, 2013. Should you have any questions
please feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Amy Heavilin, CPA, Clerk
of Court and ex- officio Clerk
to the Board of County Commissioners
by: Pamela G. Hancock, D. C
cc: File
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289 -6025
ti COUwr yc
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OF COUNT4'P'
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
March 5, 2013
Mayor Craig Cates
City of Key West
3132 Flagler Avenue
Key West FL 33040
Honorable Mayor Cates,
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX(305)852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853 -7440
Enclosed please find a certified copy of Resolution No. 094 -2013 creating the Monroe
County Restore Act Advisory Committee; establishing the purpose of the Monroe County
Restore Act Advisory Committee; setting forth the duties and responsibilities of the Monroe
County Restore Act Advisory Committee; providing for the membership of the Monroe County
Restore Act Advisorty Committee; and providing for an effective date.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting held in formal session on February 20, 2013. Should you have any questions
please feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Amy Heavilin, CPA, Clerk
of Court and ex- officio Clerk
to the Board of County Commissioners
by: Pamela G. Hancock, D. C
cc: File
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX(305)295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289 -6027
FAX (305) 289 -6025
GOUW
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
March 5, 2013
Mayor Norman Anderson
City of Layton
PO Box 778
Long Key FL 33001
Honorable Mayor Anderson,
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX(305)853 -7440
Enclosed please find a certified copy of Resolution No. 094 -2013 creating the Monroe
County Restore Act Advisory Committee; establishing the purpose of the Monroe County
Restore Act Advisory Committee; setting forth the duties and responsibilities of the Monroe
County Restore Act Advisory Committee; providing for the membership of the Monroe County
Restore Act Advisorty Committee; and providing for an effective date.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting held in formal session on February 20, 2013. Should you have any questions
please feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Amy Heavilin, CPA, Clerk
of Court and ex- officio Clerk
to the Board of County Commissioners
by: Pamela G. Hancock, D. C
cc: File
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289 -6025
C oLP N
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
March 5, 2013
Mayor Mike Cinque
City of Marathon
10045 -55 Overseas Highway
Marathon, Florida 33050
Honorable Mayor Cinque,
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Enclosed please find a certified copy of Resolution No. 094 -2013 creating the Monroe
County Restore Act Advisory Committee; establishing the
purpose
Restore Act Advisory Committee; setting forth the duties and responsibilities the Monroe
County Restore Act Advisory Committee; providing for the membership of the Monroe County
Restore Act Advisorty Committee; and providing for an effective date.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting held in formal session on February 20, 2013. Should you have any questions
please feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Amy Heavilin, CPA, Clerk
Of Court and ex- officio Clerk
to the Board of County Commissioners
by: Pamela G. Hancock, D. C
cc: File
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289 -6027
FAX (305) 289 -6025
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
March 5, 2013
Mayor Ken Philipson
Islamorada, Village of Islands
86800 Overseas Highway
Islamorada FL 33036
Honorable Mayor Philipson,
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX(305)852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Enclosed please find a certified copy of Resolution No. 094 -2013 creating the Monroe
County Restore Act Advisory Committee; establishing the purpose of the Monroe County
Restore Act Advisory Committee; setting forth the duties and responsibilities of the Monroe
County Restore Act Advisory Committee; providing for the membership of the Monroe County
Restore Act Advisorty Committee; and providing for an effective date.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting held in formal session on February 20, 2013. Should you have any questions
please feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Amy Heavilin, CPA, Clerk
of Court and ex- officio Clerk
to the Board of County Commissioners
by: Pamela G. Hancock, D. C
cc: File