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Agenda 06/11/2013 Item #16A106/11/2013 16.A.10. EXECUTIVE SUMMARY Recommendation to revise the membership of the RESTORE Evaluation Committee (Committee) to include only non - County staff members, to establish the Committee by Resolution as an Ad -hoc committee, and formally appoint Committee members. OBJECTIVE: To ensure that the RESTORE Evaluation Committee is established according to established County requirements. CONSIDERATIONS: On February 26, 2013, staff requested the Board of County Commissioners (BCC) to adopt the Collier County- specific Guiding Principles to evaluate project proposals to be ultimately funded by RESTORE funds and to have staff coordinate a Selection Committee (Committee) comprised of external stakeholders and county staff which will review and present to the BCC a list of potential projects. External stakeholders were to include representatives from the City of Naples, the City of Marco Island, Everglades City, The Conservancy of Southwest Florida, Rookery Bay National Estuarine Research Reserve, the Big Cypress Basin, the Tourism Development Council and the Collier County Marine Industries Association. County staff solicited representatives from these stakeholders and the following individuals were appointed by their representative organizations to be on the Committee: I. City of Naples 2. City of Marco Island 3. Everglades City 4. The Conservancy of Southwest Florida 5. Rookery Bay National Estuarine Preserve 6. Big Cypress Basin Board 7. Tourism Development Council 8. Collier County Marine Industries Association John Sorey III (Mike Bauer, Alternate) Dr. James Riviere (Bryan Milk, Alternate) Sammy Hamilton Andrew McElwaine Alberto Chavez Lisa Koehler Clark Hill Frank Perrucci In the February 26, 2013 agenda item, staff also requested that the Committee be composed of the nine (9) stakeholder Committee members and the following county staff: William Lorenz, Natural Resources Director; Gary McAlpin, Coastal Zone Programs Manager; Jerry Kurtz, Surface Water and Environmental Planning Manager; Jack Wert, Tourism Director; and Debbie Wight, Legislative Affairs Coordinator. County procedures, however, do not allow for County staff to serve on Advisory Committees. The County staff should not be voting members but instead will support the effort of the Committee by providing staffing resources and informational research as requested by the Committee. Therefore, the attached Resolution establishing this Ad -hoc committee does not identify County staff members. The Committee conducted an organizational meeting on May 17, 2013 that was duly noticed. At that meeting the Committee scheduled additional meetings for June 21, 2013 and for July 19, 2013. The Committee anticipates that it will have a recommendation for BCC consideration in September as opposed to the June timeframe identified in the February 26, 2013 Agenda item. It should be noted that the U.S. Treasury Department has not yet finalized rules for the Packet Page -963- 6/11/2013 16.A.10. disbursement of RESTORE funds. Therefore, staff does not consider changing the June target to September for BCC consideration of projects to have any adverse impacts. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: Staff recommends the BCC to approve the establishment of the RESTORE Evaluation Committee and appointing its members through the adoption of the attached Resolution. Prepared By: William D. Lorenz, P.E., Natural Resources Department Director Attachments: A) Resolution 2013- _ Packet Page -964- 6/11/2013 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.10. Item Summary: Recommendation to revise the membership of the RESTORE Evaluation Committee (Committee) to include only non - County staff members, to establish the Committee by Resolution as an Ad -hoc committee, and formally appoint Committee members. Meeting Date: 6/11/2013 Prepared By Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive 5/31/2013 10:45:55 AM Submitted by Title: Director - CDES Engineering Services,Comprehensive Name: LorenzWilliam 5/31/2013 10:45:58 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 5/31/2013 11:05:03 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 5/31/2013 11:46:47 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/31/2013 3:47:40 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 6/3/2013 9:43:10 AM Packet Page -965- Name: KlatzkowJeff Title: County Attorney Date: 6/3/2013 3:03:27 PM Name: OchsLeo Title: County Manager Date: 6/3/2013 4:48:33 PM Packet Page -966- 6/11/2013 16.A.10. 6/11/2013 16.A.10. RESOLUTION NO. 2013- A RESOLUTION FORMALIZING THE CREATION OF THE COLLIER COUNTY RESTORE AD HOC SELECTION ADVISORY COMMITTEE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS; QUORUM, RULES OF PROCEDURE; AND PROVIDING FOR SUNSET. WHEREAS, on February 26, 2013, the Board of County Commissioners directed staff to coordinate the creation of a RESTORE ( "Resources and Ecosystems Sustainability. Tourism Opportunities and Revived Economies of the Gulf States Act of 2012 ") Ad Hoc Selection Committee (the "Committee ") to include various external a-ency stakeholders and internal county employees (collectively, the "stakeholders "); and WHEREAS, staff assembled the external and internal stakeholders and conducted an initial publicly noticed organizational meeting on May 17, 2013; and WHEREAS, staff is recommending removal of the internal County employees as members of the Committee, consistent with the County's policy disallowing employees serving on advisory boards, except in limited circumstances; and WHEREAS, the removal of the internal County employees will allow staff to better support the efforts of the Committee by providing staffing resources and informational research to aid in the Committee's recommendations; and WHEREAS, the Board of County Commissioners recognizes the importance of identifying projects for which the County may be eligible for funding under RESTORE and that the creation of the Ad Hoc advisory committee to make recommendations is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, THAT: Packet Page -967- 6/11/2013 16.A.10. SECTION ONE: Creation and Purpose of the Collier County RESTORE Ad Hoc Selection Committee. There is hereby created the Collier County RESTORE Ad Hoc Selection Committee (hereinafter the "Advisory Committee "). The purpose of the Advisory Committee is to make recommendations to the Board of County Commissioners in matters related to identifying projects for which the County may be eligible for funding under RESTORE. SECTION TWO: Functions, Powers and Duties of the Advisory Committee. The duties of the Advisory Committee will include the following: 1. To review and make recommendations to the Board of County Commissioners regarding matters related to identifying projects for which the County may be eligible for funding under RESTORE. 2. Any other Board of County Commissioner direction requesting recommendations related to eligible funding opportunities under RESTORE. SECTION THREE: Appointment and Composition, Terms of Office, Attendance and Filling of Vacancies. The Advisory Committee shall be composed of nine members whose membership shall include the following: 1. City of Naples 2. City of Marco Island 3. Everglades City 4. The Conservancy of Southwest Florida 5. Rookery Bay National Estuarine Preserve 6. Big Cypress Basin Board 7. Tourism Development Council 8. Collier County Marine Industries Association John Sorey III (Mike Bauer, Alternate) Dr. James Riviere (Bryan Milk, Alternate) Sammy Hamilton Andrew McElwaine Alberto Chavez Lisa Koehler Clark Hill Frank Perrucci Members of the Advisory Committee shall be appointed and serve at the pleasure of the Board of County Commissioners. Each appointment shall be for a term of six (6) months from the date of approval of this Resolution. Appointments to fill any vacancies on the Advisory 2 Packet Page - 968 - ?' 6/11/2013 16.A.10. Board shall be for the remainder of the unexpired term. Should the Board of County Commissioners extend the Sunset date for this Advisory Committee as provided for in Section Six, the term of members will be revisited through a superseding Resolution. SECTION FOUR. Removal from Office; Failure to Attend Meetings. Removal from office and attendance requirements shall be governed by Ordinance No. 01 -55, as amended, or by its successor ordinance. SECTION FIVE. Officers; Quorum; Rules of Procedure. At its earliest opportunity, the membership of the Advisory Committee shall elect a chairman and vice chairman from among the members. The presence of five or more members shall constitute a quorum of the Advisory Committee necessary to take action and transact business. The Advisory Committee shall be governed by the same rules of order as the Board of County Commissioners. The Advisory Committee shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Advisory Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX: Sunset. The duration of the Advisory Committee is 6 months from the date of the adoption of this Resolution. This expiration date, however, may be extended by the Board of County Commissioners. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this l lthday of June, 2013. 3 a Packet Page -969- ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legality: Scott R. Teach Deputy County Attorney 6/11/2013 16.A.10. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ. CHAIRWOMAN 4 y Packet Page -970-