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HomeMy WebLinkAbout21-427RESOLUTION NO.21-427 A RESOLUTION AUTHORIZING THE CREATION OF THE ST. LUCIE COUNTY OPIOID ABATEMENT FUNDING ADVISORY BOARD AND PROVIDING FOR DUTIES AND FUNCTIONS OF THE BOARD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. A local, state, and national crisis arose as a result of the manufacture, distribution, and over - prescribing of opioid analgesics ("opioids") and resulted in opioid overdoses and addictions throughout municipalities, counties, states, and the nation; and 2. The crisis has caused an undue strain on local government finances to implement programing to combat the opioid epidemic, to mitigate the harmful effects of the opioid epidemic in the community, and to increase educational campaigns to counteract mis-information about the addictive nature and harmful effects of opioids; and 3. This Board recognizes that St. Lucie County is not immune from this nationwide crisis and realizes the importance of creating an Opioid Abatement Funding Advisory Board which will utilize the Opioid Taskforce data and projections; and 4. As a result of the national opioid crisis, many governmental entities throughout the country filed lawsuits against opioid manufacturers, distributors, and retailers, hereinafter referred to as the "defendants", to hold them accountable for the damage caused by their misfeasance, nonfeasance, and malfeasance, as well as to recover monetary damages for past harm and financial compensation for ongoing and future abatement efforts; and 5. Three governmental entities in St. Lucie County deemed the opioid crisis significant enough to secure litigation counsel and individually elect to file suit against the defendants as follows: the City of Port St. Lucie, the City of Fort Pierce, (hereinafter referred to as the "MDL Cities") and the County; and 6. The lawsuits filed by the MDL Cities and the County were consolidated with other lawsuits filed by state, tribal and local governmental entities into what is known as the National Prescription Opiate Litigation in the United States District Court of the Northern District of Ohio, Eastern Division, case number 1: 1 7-MD-2804; and 7. The Attorney General has proposed entering into agreements with local governments within the State of Florida to receive Settlement funds. This agreement (hereinafter referred to as S/Atty/Resolutions/Opioid Abatement Funding Advisory Board.doe the "State MOU"), as currently drafted, divides settlement funds into three portions designated as City/County, Regional and State funds; and The parties recognize that local control over Settlement funds is in the best interest of all persons within the geographic boundaries of St. Lucie County and ensures that Settlement funds are available and used to address opioid-related impacts within St. Lucie County and are, therefore, committed to the County qualifying as a "Qualified County" and thereby receiving Regional funds pursuant to the State MOU; and 9. St. Lucie County Regional Funding will be used in accordance with the requirements of the State MOU, and guidelines set forth by a board established by resolution of the Board of County Commissioners (hereinafter referred to as the "St. Lucie County Opioid Abatement Funding Advisory Board"), which will include utilizing the Opioid Taskforce data and projections. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby create the St. Lucie County Opioid Abatement Funding Advisory Board for the purpose of advising the Board of County Commissioners on matters relating to Final Review Recommendations and shall have the following duties and functions: a. Shall meet regularly and as often as needed to effectuate its responsibilities, but no less than quarterly and on a schedule which allows the St. Lucie County Opioid Abatement Funding Advisory Board to provide the data compiled for and arising out of its quarterly meeting to the Board of County Commissioners for review and consideration. b. Shall establish bylaws and an annual process which must include the following: I. A date certain each year by which the Board must meet and review the data available from previous years, tending to evidence the local status of the opioid epidemic and the effect of abatement programming. II. Must review the programs and services of the beneficiaries of St. Lucie County Regional Funds to determine the outcome of such programs and services in order to hold beneficiaries accountable. III. Must annually determine funding, programs, services, and location priorities for the upcoming year(s) ("St. Lucie County Opioid Abatement Funding Advisory Board Priority List'). 2. The County will perform competitive solicitations for programming and services based on the St. Lucie County Opioid Abatement Funding Advisory Board Priority List in accordance with a centralized, county -wide competitive grant process and the St. Lucie Litigating Governments will be provided the opportunity to participate in the review process. S/Atty/Resolutions/Opioid Abatement Funding Advisory Board.doe 3. St. Lucie County Regional Funding may be used to enhance current programs or develop new programs. Regional funding is not intended to supplant current funding sources and general funds, and County staff will continue to seek funding for opioid related abatement at the levels opioid abatement programs were funded as of the effective date of this Resolution. 4. Final Review recommendations will be approved by the St. Lucie County Opioid Abatement Funding Advisory Board, who shall present recommendations to the St. Lucie County Board of County Commissioners for approval. The St. Lucie County Opioid Abatement Funding Advisory Board and the Board of County Commissioners shall use its best efforts to fund services and programs that are available to all residents of St. Lucie County and shall strive to allocate funding and services in a manner that equally benefits all residents of St. Lucie County. 6. The action, decisions and recommendations of the St. Lucie County Opioid Abatement Funding Advisory Board shall not be final or binding on the Board of County Commissioners but shall be advisory only. 7. The St. Lucie County Opioid Abatement Funding Advisory Board shall consist of seven (7) members who shall be appointed as follows: a. St. Lucie County Opioid Abatement Funding Advisory Board membership shall be comprised of the following members appointed for two-year terms: 1. One member appointed by the City of Port St. Lucie; 2. One member appointed by the City of Fort Pierce; 3. One member appointed by the St. Lucie County Fire District; 4. One member nominated by the St. Lucie Sheriff's Office; 5. The Director of the Florida Department of Health in St. Lucie County or designee; 6. One member appointed nominated by the County Administrator and appointed by the Board of County Commissioners to represent the hospitals in St. Lucie County. 7. One member appointed nominated by the County Administrator and appointed by the Board of County Commissioners to represent the mental health community with expertise in public health and addiction. 8. Vacancies for all members shall be filled upon: 1. Death of a member 2. Resignation 3. Removal by majority vote of the remaining members of the Committee 4. Three (3) unexcused absences in a six (6) month period S/Atty/Resolutions/Opioid Abatement Funding Advisory Board.doc 9. Vacancies shall be filled by one of the managers working for the individual creating the vacancy. 10. The Committee Chairman shall establish a time and place for holding meetings as shall be necessary, and the Committee shall adopt such rules of organization and procedure as may be required. Majority (4) committee members shall constitute a quorum for the transaction of official business at Committee meetings. 11. The Committee may establish sub -committees for specific subjects or tasks from among its members. The Committee shall hold its first meeting as soon as possible from the date this resolution is adopted. 12. County Administration shall provide administrative support for the Committee and shall keep a record of its proceedings. 13. If any action, sentence, or clause of this resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this resolution. After motion and second the vote on this resolution was as follows: Commissioner Sean Mitchell, Chair AYE Commissioner Frannie Hutchinson, Vice Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Linda Bartz AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 14th day of December 2021. ATTEST: Ack /1A I TI .000—CO DEPUTY CLE J ���sc� y rn rG � C"� , COV^►TY. FLO�`�' S/Atty/Resolutions/Opioid Abatement Funding Advisory Board.doe BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: GL P• CHAIR APPROVED AS TO LEGAL FORM AND CORRFMCTNESS: LINTY ATTORNEY