04/11/2016 WorkshopMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 11, 2016
Special Meeting (Workshop)
Board of County Commissioners
Monday, April 11, 2016
Marathon, Florida
A special meeting of the Monroe County Board of County Commissioners convened at 10:00
a.m. at the Marathon Government Center. Present and answering to roll call were Commissioner
Danny Kolhage, Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner
David Rice, and Mayor Heather Carruthers. Also present at the meeting were Bob Shillinger,
County Attorney; Roman Gastesi; County Administrator, Cheryl Robertson, Deputy Clerk;
county staff and members of the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item Al There were no Additions, Corrections, or Deletions.
CANAL RESTORATION WORKSHOP
Item B Discussion of the County's current Canal Restoration Program and the future of
the program. (Attached is the Monroe County BOCC Canal Restoration
Workshop Agenda)
1. The Need for a Canal Restoration Program
a. Welcome and introduction to purpose of workshop by Rhonda Haag,
Sustainability Director.
b. Municipalities
• Islamorada, Village of Islands -Mike Forster (commented)
• City of Marathon — George Garrett
• City of Key Colony Beach- Jerry Ellis (commented)
• City of Layton- Skip Haring (commented)
• City of Key West — Alison Higgins
2. Public Comment
Public Speakers: Harold Pinder, Beth Ramsay- Vickery, Tino Di Marco
(representing homeowners /Canal Clean-up /Doctors Arm, Big Pine Key),
Sylvia Walden (representing Ave. F., Big Pine Key), Maryse Hill
(representing Ave. G., Big Pine Key, elected not to speak), and final
speaker Marco Osorio.
Page 1 of 6
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 11, 2016
3. Results from the $5 Million Demo Program
a. Summary of the Canal Management Master Plan - Wendy Blondin
(AMEC) provided an update of results from demonstration projects.
The first step was creation of canal management master
plan. The master plan included water quality assessment of
canals, established prioritization for restoration, and
identifield various restoration options for various canals.
The master plan did not develop conceptual designs, costs,
or schedule for implementation.
b. Demonstration Project Construction Updates - Wendy Blondin
• Geiger Key #470/ #472 Mon. Co. and DEP Funded Culvert
Project,
• Canal #29 Backfilling Project- Sexton Cove Key Largo,
• Canal #266 Combined Organic Removal and Air Curtain
Project- Doctors Arm Big Pine Key,
• Canal #290 Organic Removal Project The Avenues — Big
Pine Key,
• Canal #277 Culvert Installation Project — Tropical Bay
Estates — Big Pine Key,
• Canal #287 Curtain Installation Project Atlantic Estates —
Big Pine Key, and
• Other Demonstration Project updates.
c. Water Quality Improvements - before and after — are they working? —
Wendy Blondin(AMEC)
d. Budget Expenditures — Wendy Blondin(AMEC)
4. Regulatory Requirements Related to Canal Water Quality Impairments -
Are We Mandated?
a. Monroe County Attorney's Office Memorandum on Canal Restoration
Regulatory Background — What would trigger a TMDL and
Consequences of No Action — Derek Howard, Assistant County
Attorney discussed the Clean Water Act and related regulations.
Page 2 of 6
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 11, 2016
b. Florida Keys National Marine Sanctuary and Protection Act — Legally
mandated development of a Water Quality Protection Program that is
administered by DEP and EPA — canal restoration is identified as a top
priority and next challenge in the Water Quality Improvement Plan —
Sean Morton, Superintendent, Florida Keys National Marine
Sanctuary (FKNMS) provided a brief high -level overview from the
NOAA side of the statutory and regulatory requirements. Discussion
as well as comments made by NOAA's Billy Causey (Regional
Director, Southeast Atlantic, Gulf of Mexico, and Caribbean Region —
NOAA Office of National Marine Sanctuaries), Jon Iglehart (DEP),
and Gus Rios (DEP).
c. Overview of Reasonable Assurance Documentation and — EPA Letter
dated August 28, 2015 — Steve Blackburn EPA Atlanta, Program
Manager Florida Keys Sanctuary.
d. DEP Impaired canals and requirements — DEP letter dated September
10, 2015 — Jon Iglehart (DEP) introduced Tom Frick, Director of DEP
Division of Water Quality Assessment and Restoration. Tom Frick
spoke about the Clean Water Act, Reasonable Assurance Plan, and
provided an update of where we are going in the next couple of years.
Discussion as well as comments by Jerry Ellis (Mayor, City of Key
Colony Beach), Gus Rios (DEP), Mike Forster (Councilman,
Islamorada, Village of Islands), and Billy Causey (Regional Director,
Southeast Atlantic, Gulf of Mexico, and Caribbean Region — NOAA
Office of National Marine Sanctuaries).
e. TMDL Program Requirements — Practical aspects of TMDL versus
Reasonable Assurance Documentation — Walt Reigner (AMEC).
Rhonda Haag, Sustainability Director, sought guidance to either move
forward with TMDL or RAD. Board's consensus is for staff to work
under the RAD.
5. Long -Term Financing Strategies for Canal Restorations
a. Summary of known funding sources - Grants, legislative, Restore Act,
Stewardship Bill, Infrastructure Taxes — Rhonda Haag
Test of use of infrastructure tax dollars for canal
restorations — Bob Shillinger County Attorney. Discussion
as well as comments by Billy Causey (Regional Director,
Southeast Atlantic, Gulf of Mexico, and Caribbean Region
— NOAA Office of National Marine Sanctuaries), Gus Rios
(DEP), George Garrett (Planning Director, City of
Page 3 of 6
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 11, 2016
Marathon), Jerry Ellis (Mayor, City of Key Colony Beach),
and Wendy Blondin (AMEC).
b. Issues to be addressed
• Ownership of canal waters, canal bottoms, littoral rights,
and common law, constitutional, and statutory sources of
authority to regulate littoral rights (including but not
limited to boat traffic) — Peter Morris, Assistant County
Attorney
• Can canals be public facilities? — Peter Morris
• Theories of potential liability for County regulation of
canals — Peter Morris
• Resident notification and approval process for performing
work in a canal when ownership is not documented - Peter
Morris.
Current Minimum 75% signed returned
homeowner letter approval required.
New Recommendation Outgoing notification letter
and community meeting only. Plus permit process
notification
• Resident notification and approval process for doing work
in a canal when ownership is private — Peter Morris
• Sea Level Rise Impact on selection of canals for restoration
- policy decision is needed - Rhonda Haag
c. Overview of general revenue tools, such as special assessments, ad
valorem taxes, and fees for service (utility fees), as well as the creation
of MSBU's and MSTU's - Cynthia Hall, Assistant County Attorney
provided a brief overview regarding alternatives with respect to
funding sources.
d. Actual Funding Strategies Used throughout Florida — Elizabeth
Treadway (AMEC)
e. Considerations for Long -Term Financing - Elizabeth Treadway
(AMEC)
• Equity of Apportionment (all land owners, only water front
property owners, undeveloped lots, County owned lots,
Federal or State owned lots, Tiered fee approach). Have
residents define their jurisdiction if it is an MSTU.
• How much can the County manage /spend per year (level
and extent of service)
Page 4 of 6
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 11, 2016
f. Integrated Approach — Multiple sources of funding — Elizabeth
Treadway (AMEC)
• Private /Public Partnership — Homeowner funding
participation — Voluntary or required? What % should the
residents pay? The contribution of matching funds by local
residents moves the canal up in prioritization for selection
for restoration.
• Operation and maintenance after 2 years — MOU needed,
County oversight?
• Long Term
Discussion as well as comments by Roman Gastesi (County
Administrator), Peter Morris (Assistant County Attorney), and
Gus Rios (DEP). Items 6, 7, and 8 not heard today before the
Board.
Public speakers; Mike Maurer (representing Eden Pines, Big Pine
Key, elected not to speak), Sylvia Walden (representing Ave. F.,
Big Pine Key), and final speaker Maryse Hill (representing Ave.
G., Big Pine Key, elected not to speak).
Page 5 of 6
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APRIL 11, 2016
There being no further business, the meeting of the Board of County Commissioners was
ADJOURNED.
� CPA
° lerk to the Monroe County, FL
County Commissioners
By: Cheryl Robertson
Executive Aide /Deputy Clerk
Page 6 of 6
a
r
7-3 C-,
s
c
c
rn:x
N
G
=Z
7n
-
..
:D
.3
Page 6 of 6