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11/14/2016 SpecialMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 Special Meeting (Canal Financing) Board of County Commissioners Monday, November 14, 2016 Marathon, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 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 AND DELETIONS Item A.1 Approval of Agenda. Approval of the agenda was not called by the Clerk nor moved by the Board. Item B1 -6 Discussion and direction for the County's Canal Restoration Program, determining if and how to proceed with a plan to restore 300 impaired canals in Monroe County, of which 229 reside in unincorporated Monroe, and how to finance the various costs of implementing such a program. Rhonda Haag, Sustainability Coordinator, set the stage. Gus Rios presented the Florida Department of Environmental Protection Presentation. Others speakers were: Jim Corklin, Wendy Blondin, Camielle Heart, and Lisa Tennyson. Public Speakers: Stuart Schaffer (representing Sugarloaf Shores Property Owners Association), Colin Hannaford, Brent Viau (representing Homeowner - Surrounding Neighbors), D'Ann Stone, Mike Forster (representing Islamorada), Dottie Moses (representing The Island of Key Largo Federation of Homeowners), Celin Pacheco, Thomas Samartino, and Deb Gillis. Following the public speakers who addressed the Board under the Public Comments section of the agenda (B.6.), a motion was made and read into the record by Commissioner Kolhage as follows: "As a priority for future canal restoration expenditures, from whatever source we decide, we direct the County Administrator and the County Attorney's Office to take whatever steps are required to procure a scientific peer reviewed study of the effects of impaired canals in the Keys on near shore waters which would include an analysis of the completion of our wastewater project throughout the County and the work done on the County's canal restoration demonstration programs to date." The motion was seconded by Commissioner Neugent for discussion. Following discussion, a roll-call was taken. 11/14/2016 Pagel MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 A Roll -Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. ACTION ITEMS Item C.1 Approval of a resolution directing staff to evaluate the creation of a municipal service taxing unit in order to fund program management costs estimated at $1 million annually for master program planning, effectiveness monitoring, data collection, outreach, and program administration of canal water quality restoration projects, as well as testing of alternative technologies and design and construction of potential canal restoration projects. (7f. Shall Monroe County evaluate use of an MSTU to fund program management costs estimated at $1 Million annually to pay for master program planning, effectiveness monitoring, data collection, outreach, program administration, design of alternative technologies and design and construction of potential new restoration projects so that the FRAD requirements can be met and a TMDL may be avoided? Staff Recommendation: Approval. Staff has presented a Resolution for approval directing staff to continue to research and evaluate moving forward with an MSTUfor such purposes). A Motion to deny approval of the resolution was made by Commissioner Kolhage and seconded by Commissioner Murphy. The motion to deny was approved unanimously without objection. A Roll -Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. Item C.2 Approval of resolution approving the expenditure of the $1.5 Million in current available FY 17 Keys Stewardship funds for canal restoration projects in unincorporated Monroe County. C. all Monroe County use FY17 Stewardship funds in the amount of X1.5 11/14/2016 Page 2 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 million for the canal restoration program? Staff Recommendation: Approval. Staff has provided a Resolution for approval directing that the FYI Stewardship funds he used for the canal restoration program). A motion to approve was made by Commissioner Murphy and seconded by Commissioner Rice. A Roll -Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. RESOLUTION NO. 275 -2016 Said Resolution is incorporated herein by reference. Item C.3 Approval of resolution to allocate Monroe County RESTORE funds for canal restoration projects. (7d. Shall Monroe County use the RESTORE funds for the canal restoration program? Staff Recommendation: Approval. Staff has provided a Resolution for approval directing that RESTORE funds he used for the canal restoration program). Lisa Tennyson, Legislative Affairs Director, addressed the Board to answer the Commission's questions. A motion to approve the resolution was made by Commissioner Rice and seconded by Commissioner Murphy. Following discussion, Commissioner Neugent moved to amend the motion to include added language stipulating these 4 aeration projects would only move forward after we have a long -term funding formula in place. Commissioner Rice accepted the amendment. Following additional discussion between staff and the Board, Commissioner Neugent withdrew his amendment and Commissioner Kolhage accepted the second. A Roll -Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. RESOLUTION NO. 276 -2016 Said Resolution is incorporated herein by reference. 11/14/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 Item CA Approval of a resolution directing staff to move forward with six additional canal water quality restoration projects. (7e. Shall Monroe County staff move forward with the 6 new demonstration projects at an estimated cost of $2 Million, using Stewardship and RESTORE funds? Staff Recommendation: Approval. Staff has presented a Resolution for approval directing staff to move forward with the 6 projects). A motion was made by Commissioner Kolhage to approve the resolution as amended to include the added language "..including four aeration projects that will proceed provided a long -term funding formula has been established." The motion was seconded by Commissioner Neugent. A Roll -Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. RESOLUTION NO. 277 -2016 Said Resolution is incorporated herein by reference. Iem C.5 Approval of a resolution directing staff to continue with development of a program to collect special assessments and the creation of municipal service benefit units (MSBUs) to collect funds to pay for ongoing operation and maintenance (O &M) costs for existing canal water quality restoration projects. (7b. Shall the Operations and Maintenance costs for the existing completed demonstration projects be funded by an MSBU? Staff Recommendation: Approval. Staff has provided a Resolution for approval directing staff to set up an MSBU and collect special assessments for the O &M costs of the completed demonstration projects). Cynthia Hall, Assistant County Attorney, addressed the Board to answer the Commission's questions, steps today is just to set up the MSBU. A motion to approve the resolution was made by Commissioner Kolhage and seconded by Commissioner Neugent. The motion passed unanimously without objection. ................................................................................................................................................................................................ ............................... RESULT: APPROVED [UNANIMOUS] Agenda Item C.5 MOVER: Danny Kolhage, Commissioner District 1 SECONDER: George Neugent, Mayor Pro Tem/Commissioner District 2 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice 11/14/2016 Page 4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 7a. Shall Monroe County continue with the canal restoration program? Staff Recommendation: Approval. Staff has developed a conservative, incremental approach for moving forward with the restoration program. Commissioner Neugent moved 7a as worded, seconded by Commissioner Murphy. After further discussion, previous motion amended by Mayor Carruthers to say, "Shall Monroe County continue with the development of canal restoration program as approve by the County Commission from time to time." Accepted by Commissioner Neugent and seconded by Commissioner Murphy. A Roll -Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. RESOLUTION NO. 278 -2016 Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, CPA, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida C`L, 0.6.? 11/14/2016 Page S MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 Special Meeting(Canal Financing) Board of County Commissioners Monday,November 14, 2016 Marathon, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 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 AND DELETIONS Item A.1 Approval of Agenda. Approval of the agenda was not called by the Clerk nor moved by the Board. Item Bl-6 Discussion and direction for the County's Canal Restoration Program, determining if and how to proceed with a plan to restore 300 impaired canals in Monroe County, of which 229 reside in unincorporated Monroe, and how to finance the various costs of implementing such a program. Rhonda Haag, Sustainability Coordinator, set the stage. Gus Rios presented the Florida Department of Environmental Protection Presentation. Others speakers were: Jim Corklin, Wendy Blondin, Camielle Heart, and Lisa Tennyson. Public Speakers: Stuart Schaffer(representing Sugarloaf Shores Property Owners Association), Cohn Hannaford, Brent Viau (representing Homeowner- Surrounding Neighbors), D'Ann Stone, Mike Forster (representing Islamorada), Dottie Moses (representing The Island of Key Largo Federation of Homeowners), Celin Pacheco, Thomas Samartino, and Deb Gillis. Following the public speakers who addressed the Board under the Public Comments section of the agenda (B.6.), a motion was made and read into the record by Commissioner Kolhage as follows: "As a priority for future canal restoration expenditures, from whatever source we decide, we direct the County Administrator and the County Attorney's Office to take whatever steps are required to procure a scientific peer reviewed study of the effects of impaired canals in the Keys on near shore waters which would include an analysis of the completion of our wastewater project throughout the County and the work done on the County's canal restoration demonstration programs to date." The motion was seconded by Commissioner Neugent for discussion. Following discussion, a roll-call was taken. 11/14/2016 Pagel 1' MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. ACTION ITEMS Item C.I Approval of a resolution directing staff to evaluate the creation of a municipal service taxing unit in order to fund program management costs estimated at $1 million annually for master program planning, effectiveness monitoring, data collection,outreach, and program administration of canal water quality restoration projects, as well as testing of alternative technologies and design and construction of potential canal restoration projects. (7f. Shall Monroe County evaluate use of an MSTU to fund program management costs estimated at $1 Million annually to pay for master program planning, effectiveness monitoring, data collection, outreach, program administration, design of alternative technologies and design and construction of potential new restoration projects so that the FRAD requirements can be met and a TMDL may be avoided? Staff Recommendation: Approval. Staff has presented a Resolution for approval directing staff to continue to research and evaluate moving forward with an MSTU for such purposes). A Motion to deny approval of the resolution was made by Commissioner Kolhage and seconded by Commissioner Murphy. The motion to deny was approved unanimously without objection. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. 11/14/2016 Paget MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 Item C.2 Approval of resolution approving the expenditure of the $1.5 Million in current available FY 17 Keys Stewardship funds for canal restoration projects in unincorporated Monroe County. (7c. Shall Monroe County use FY17 Stewardship funds in the amount of $1.5 million for the canal restoration program? Staff Recommendation:Approval. Staff has provided a Resolution for approval directing that the FYl7 Stewardship funds be used for the canal restoration program). A motion to approve was made by Commissioner Murphy and seconded by Commissioner Rice. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. Item C.3 Approval of resolution to allocate Monroe County RESTORE funds for canal restoration projects. (7d. Shall Monroe County use the RESTORE funds for the canal restoration program? Staff Recommendation: Approval. Staff has provided a Resolution for approval directing that RESTORE funds be used for the canal restoration program). Lisa Tennyson, Legislative Affairs Director, addressed the Board to answer the Commission's questions. A motion to approve the resolution was made by Commissioner Rice and seconded by Commissioner Murphy. Following discussion, Commissioner Neugent moved to amend the motion to include added language stipulating these 4 aeration projects would only move forward after we have a long-term funding formula in place. Commissioner Rice accepted the amendment. Following additional discussion between staff and the Board, Commissioner Neugent withdrew his amendment and Commissioner Kolhage accepted the second. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. 11/14/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14,2016 Item C.4 Approval of a resolution directing staff to move forward with six additional canal water quality restoration projects. (7e. Shall Monroe County staff move forward with the 6 new demonstration projects at an estimated cost of $2 Million, using Stewardship and RESTORE funds? Staff Recommendation: Approval. Staf has presented a Resolution for approval directing staff to move forward with the 6 projects). A motion was made by Commissioner Kolhage to approve the resolution as amended to include the added language "..including four aeration projects that will proceed provided a long-term funding formula has been established." The motion was seconded by Commissioner Neugent. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. lem C.5 Approval of a resolution directing staff to continue with development of a program to collect special assessments and the creation of municipal service benefit units (MSBUs) to collect funds to pay for ongoing operation and maintenance (O&M) costs for existing canal water quality restoration projects. (7b. Shall the Operations and Maintenance costs for the existing completed demonstration projects be funded by an MSBU? Staff Recommendation: Approval. Staff has provided a Resolution for approval directing staff to set up an MSBU and collect special assessments for the O&M costs of the completed demonstration projects). Cynthia Hall, Assistant County Attorney, addressed the Board to answer the Commission's questions. steps today is just to set up the MSBU. A motion to approve the resolution was made by Commissioner Kolhage and seconded by Commissioner Neugent. The motion passed unanimously without objection. ' RESULT: APPROVED EUNANIMOUSI Agenda Item C.5 MOVER: Danny Kolhage,Commissioner District 1 SECONDER: George Neugent,Mayor Pro Tem/Commissioner District 2 AYES: Carruthers,Neugent,Kolhage,Murphy,Rice 11/14/2016 Page4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14,2016 7a. Shall Monroe County continue with the canal restoration program? Staff Recommendation:Approval. Staff has developed a conservative, incremental approach for movingforward with the restoration program. Commissioner Neugent moved 7a as worded, seconded by Commissioner Murphy. After further discussion, previous motion amended by Mayor Carruthers to say, "Shall Monroe County continue with the development of canal restoration program as approve by the County Commission from time to time."Accepted by Commissioner Neugent and seconded by Commissioner Murphy. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. 11/14/2016 Pages MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14,2016 There being no further business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, CPA, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida Q. Et.L& ta, D.C. 11/14/2016 Page6