Item J6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:February 15, 2012 .
Bulk Item: Yes X No
Division: Growth Manaizement
Department: Plannin & Env. Resources
Staff Contact Person: Richard Jones1289-2805
AGENDA ITEM WORDING: Approval of a resolution rescinding Resolution No. 371-2011 and
establishing policy for the expenditure of Boating Improvement Funds and procedures for the award of
Boating Improvement Funds to the municipalities within Monroe County.
ITEM BACKGROUND: At the October 19, 2011 BOCC meeting the Board approved Resolution
No.3 71-2011 which established policy for the general use of Boating Improvement Funds (BIF) and
procedures for the selection and award of reimbursement funding from BIF to the various
municipalities for work previously performed. At its December 14, 2011 BOCC meeting the Board
indicated the need to revise the selection procedures, and shift the funding awards from work
previously performed to projects to be completed in the upcoming fiscal year. The emphasis of the
shift was to encourage the use of BIF for new boating and waterway projects, and provide for
improved budgeting by both the County and the municipalities. At the January 19, 2012 BOCC
meeting the Board approved policy recommendations provided by staff (based on the guidance
provided by the Board at its December 14, 2011 BOCC meeting) and directed staff to draft a new
resolution. This agenda item provides for rescinding the previous resolution (No-371-2011) and
approving a new resolution which provides policy for the use of BIF, and revised selection and award
procedures for reimbursement funding to the municipalities.
PREVIOUS RELEVANT BOCC ACTION:
September 21, 2011 - discussion of the need for a policy for the use and distribution of BIF.
October 19, 2011- approval of Resolution No.3 71-2011 establishing policy for the reimbursement of
BIF to the municipalities.
January 19, 2012- approval of recommended BIF reimbursement funding policy elements and
direction for staff to draft a revised resolution which would replace Resolution No.371-2011.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: nla INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
RESOLUTION NO. -2012
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS RESCINDING RESOLUTION NO,
371-2011 AND ESTABLISHING POLICY FOR THE
EXPENDITURE OF BOATING IMPROVEMENT FUNDS AND
PROCEDURES FOR THE AWARD OF BOATING
IMPROVEMENT FUNDS TO THE MUNICPALITIES WITHIN
MONROE COUNTY.
WHEREAS, moneys from vessel registration fees designated for the use of the
counties is distributed by the tax collector to the Board of County Commissioners,
pursuant to F.S. 328.725 hereafter referred to as State Boating Improvement Funds; and
WHEREAS, State Boating Improvement Funds are for the sole purposes of
providing recreational channel marking and other uniform waterway markers, public boat
ramps, lifts, and hoists, marine railways, and other public launching facilities, derelict
vessel removal, and removal of vessels and floating structures deemed a hazard to public
safety and health for failure to comply with F.S.327.53; and
WHEREAS, State Boating Improvement Fund revenues provide approximately
$250,000 annually; and
WHEREAS, the County approved Ordinance No.034-2002 to impose an annual
registration fee on vessels registered, operated, or stored in the water within its
jurisdiction pursuant to F.S.328.66, hereafter referred to as County Boating Improvement
Funds; and
WHEREAS, County Boating Improvement Funds shall be expended for the
patrol, regulation, and maintenance of the lakes, rivers, and waters and for other boating -
related activities of municipalities or counties; and
WHEREAS, County Boating Improvement Fund revenues provide
approximately $400,000 annually; and
WHEREAS, State and County Boating Improvement Funds are utilized by the
County for County channel marker and boat ramp maintenance, derelict vessel removals,
pumpout program costs, and other boating and waterway related projects Keys -wide; and
WHEREAS, the County may provide Boating Improvement Fund dollars to the
various municipalities for boating and waterway projects in accordance with the allowed
uses described in F.S.327.53 and F.S.328.66; and
WHEREAS, the County approved Resolution No.3 71-2D 11 which established
criteria for the general use of Boating Improvement Funds and procedures for the
reimbursement of Boating Improvement Funds to the municipalities; and
WHEREAS, the County desires to revise the policy established by Resolution
No.371-2011, refining the purpose of reimbursement funding to the municipalities from
Boating Improvement Funds, establishing funding request submission procedures, and
providing for a selection process for the award of reimbursement funding;
NO''L7V THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. Resolution No.3 71-2011 is hereby rescinded.
Section 2. The Monroe County Board of County Commissioners shall expend
State and County Boating Improvement Funds only for County boating and waterway
related projects, and municipal boating and waterway related projects in the form of
reimbursement funding, in accordance with the allowed uses of Boating Improvement
Funds as described in F.S. 328.72 and F.S. 328.66.
Section 3. The Monroe County Board of County Commissioners and
municipalities within Monroe County shall only perform boating and waterway related
projects that serve the general boating public.
Section 4. The Monroe County Board of County Commissioners may provide
reimbursement funding from Boating Improvement Funds to the various municipalities
for the purpose of providing for repair and maintenance of existing infrastructure, as well
as for capital improvement projects. The following procedures are established:
Funding Requests. Reimbursement funding requests shall be received by the
County no later than April 1 of the fiscal year for funding from the upcoming
fiscal year. Funding request forms will be available accompanied by
guidelines including the following criteria:
1- Projects for consideration must occur over public upland or public bay
bottom.
2- Funding shall not be provided for projects previously completed.
3- Requests for repair and maintenance funding for projects involving
revenue producing infrastructure (such as, but not limited to, mooring
fields or marinas or fee generating boat ramps) which should be
completely self -funding are discouraged. Requests for project funding for
revenue producing infrastructure shall include evidence and written
analysis by the applicant of unmet costs, such as a current annual financial
report, indicating total revenue, total expenses, and unmet availability of
funds for repairs and maintenance. Boater Improvement Funds should not
be used to simply supplant repair and maintenance funding.
4- Requests for new improvement funding for projects that may involve
future revenue producing infrastructure should include a fiscal analysis
and assurance from the municipality that the improvement will be self -
supportive and include operating and maintenance funding for future
needs.
6F
5- Project Selection. Municipality funding request forms received shall be
reviewed by County Growth Management staff (Staff after April 1 of the
fiscal year. Staff shall score each funding request and make selection
recommendations based on community need, project merit, and funding
availability. Staff recommendations may include awarding all of, or a
portion of the amount requested. Staff shall provide funding requests and
selection recommendations to the BOCC by June of each fiscal year. The
BOCC shall evaluate the staff recommendations and provide Board
approval in ranking order, based on funding availability.
6- Funding Awards. After the Board approved projects are known, each
applicant shall enter into an Inter -local Agreement (ILA) with the County
indicating the municipality shall expend the funds and show evidence of
expenditures, prior to reimbursement.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 15th day of February, 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia J. Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor David Rice
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
MOR E UNTY ATTORNEY
Pki V AS TQ FORM
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