The RESTORE Act mandates that 80% of all Clean Water Act civil and administrative penalties resulting from the Deepwater Horizon disaster be placed in the Gulf Coast Restoration Trust Fund, managed by the U.S. Department of the Treasury. Bay County will receive 0.63% (approximately $42.2 million) of all penalties as Direct Component (Pot 1) funds from the Gulf Coast Restoration Trust Fund. Projects to be funded must perform one or more of the 11 eligible activities listed in the RESTORE Act, primarily related to environmental protection and restoration, and job creation and workforce development. The RESTORE Act requires the County to complete a Multi-Year Implementation Plan (MYIP) as part of the process to access Direct Component funds.

The U.S. Department of the Treasury accepted Bay County’s initial MYIP on May 5, 2017. The MYIP included nine projects, one of which was Porter Park Improvements, proposed by the City of Lynn Haven. Pot 1 funds were proposed to fund a portion of an improvement plan for Porter Park. The City requested RESTORE Act funds to improve the existing ramp, install fixed staging docks and a floating dock, and to replace the failing seawall. The overall improvement plan as described also included facilities such as restrooms, pavilions, parking and playground equipment.

Because of the sequencing of the improvement project, the City made the improvements to the ramp, docks and seawall prior to Treasury approval of the grant application. The City would like to amend its RESTORE Act proposal to have the RESTORE Act funds contribute to the future costs of the restrooms, pavilions, parking and playground equipment rather than the improvements now in place.

According to Treasury, this MYIP amendment will not affect the other eight projects included in the accepted MYIP.

The RESTORE Act mandates that projects listed in this plan must be “selected based on meaningful input from the public, including broad-based participation from individuals, businesses, and nonprofit organizations.”  On December 19, 2017, the BoCC approved a draft MYIP amendment for Porter Park for a 45-day public comment period on the amendment, ending February 2, 2018. As of January 31, no public comments had been received.  Any comments received by the February 2 deadline will be provided to BoCC members and reviewed during the February 6 BoCC meeting.  The MYIP amendment will be revised to describe relevant issues raised by the public and how the public comments were addressed by the BoCC.

The plan amendment is being presented today in a second public hearing forum. After the taking into account public comments, the Board will consider approving the amendment. If approved, the amendment will be submitted to Treasury for acceptance. After review and acceptance by Treasury, Bay County will prepare a grant application for Porter Park that reflects the amended plan. As for all Direct Component grant awards, the County will be the grant recipient.  The City of Lynn Haven will be the subrecipient.

Exhibit 1a shows the amendment to the MYIP RESTORE Act Direct Component Multiyear Plan Narrative relating to Porter Park in strikethrough/underline form and in a clean format. Exhibit 1b shows the Matrix, with changes noted in "11. Status". Exhibit 1c is a map of the project (unchanged). The draft amendment can also be downloaded at http://co.bay.fl.us/227/RESTORE-Act and is also be available for viewing at the main Bay County Public Library.

The MYIP as accepted by Treasury in May 2017 can be downloaded at https://fl-baycounty.civicplus.com/DocumentCenter/View/2213 (2.4 megs).