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Item J1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 20 201 Bulb Item: Yes No X Division: Troth Management Department: Marine Resources Office Staff Contact Person/Phone #: Richard Jones/289-2805 AGENDA ITEM ORDING: Discussion and consideration of a resolution providing for the purpose, duties and membership of the Ma ne and Port Advisory Committee MPAQ. ITEM BACKGROUND: The draft resolution for consideration includes six specific duties (recommended in Jan. 2013 and revised based on MPAC input) for the I IPAC. The MPAC requested BOCC consider approval of seventh duty to `Provide recommendations on channelmarking'. This is not recommended by Staff (see attached Memo). Also, the BOCC recommended the number of members of the MPAC be revised from ten to five which necessitates the need to address terms. Staff has recommended one appointment by each Commissioner to be made as of July 1, 2013 (prior to the August 6, 2013 MPAC meeting) which will expire along with the expiration of the Commissioner's terms (providing for staggering of member terms), with subsequent appointments to serge four year terms. Based on B CC action Staff will bring forward appropriate Bylaw amendments. PREVIOUS RELEVANT BOCC ACTION: January 201 - direction to draft a resolution providing for specific duties for the I IPAC, and reducing the number of members from ten to five. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as drafted without addition of channel markers as a duty of IiPAC TOTAL COST: n a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL of LOCAL PREFERENCE. COST To COUNTY, SOURCE of FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED Y: County At y OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM N. RESOLUTION NO. -2 1 RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE PURPOSE, DUTIES AND MEMBERSHIP F THE MARINE AND PORT ADVISORY COMMITTEE, WHEREAS, the Board ofCounty Commissioners passel Resolution No.24-1977 forming a Port Authority and providing for a Port Advisory Committee with committee members in a number not less than five nor more than seven, whose purpose is to make recommendations to the BCC as to the operation, improvement and financing of the Port facilities'; and WHEREAS, the Board of County Commissioners passed Resolution No.55-1977 providing for fort Advisory Committee member terns of two years; and WHEREAR, the Board of County Commissioners passed Resolution No.57-1991 renaming the fort Advisory Committee as the Marine and Port Advisory Committee (MPAC), providing for staggered three year terms for committee members, and revising the purpose of the MPAC to provide recommendations and advice to the Port Authority or the B CC on matters relating to ports and marine issues as requested by action of the Port Authority or the B C C; and WHEREAS, the Board of County Commissioners passed Resolution No. 138- 1991 amending a s rivener's error In Resolution l o. '7-1 1; and WHEREAS, the Board of County Commissioners on July 27, 2000 approved Administrative Procedures and Bylaws for the MPAC; and WHEREAS, the Board of County Commissioners on June 20, 2012 approved revisions to the Administrative Procedures and Bylaws for the MPAC, providing for an attendance policy and assigning a staff person as Parl lamentanan; and WHEREAS, at its January 16, 2013 meeting, the Board of County Commissioners discussed the role and duties of the MPAC, and in are effort to better utilize and 'increase the productivity of the MPAC directed staff to draft a resolution providing for specific duties for the MPAC, C, and to reduce the number of members from ten to five; and WHEREAS, currently each Commissioner has two appointments to the MPAC; and WHEREAS, the members of the MAC serve at the pleasure of the Board of County Commissioners, therefore In order to reduce the number of MPAC members from ten to five, individual Commissioners shall excuse their current appointments and make one new appoint nient as of July 1, 2013, prior to the August 6, 2013 MPAC meeting; Now 'THEREFORE, BE IT RESOLVED BY THE BOARD of COUNT COMMISSIONERS of MON OE COUNTY, FLORIDA THAT: Section 1. Committee Purpose. The purpose of the Marine and Port Advisory Committee Committee is to make informed recommendations and give advice to the Monroe County Fort Authority and the Monroe County Board of County Commissioners on matters relating to ports and marine issues as requested by action of the Port Authority or the Board of County Commissioners, Staff, or the Committee itself. Section 2. Committee Duties. In addition to the above described purpose, the following duties are assigned to the Committee: 1- Provide recommendations regarding vessel sewage and pumpout services 2- Provide recommendations regarding anchoring and mooring regulations - Provide recommendations regarding marinas, mooring fields and boat ramps 4- Provide recommendations regarding the preservation and enhancement of public water access 5- Provide a forum for the gathering and dissemination of relevant public information - Provide input on the development of educational and outreach materials and resources Section 3. Committee Members and Terms. The Committee shall be comprised of five members consisting of one appointment from each Counter Commissioner, all to serve without pay. Committee member terms shall be for four 4 years, and members shall serve at the pleasure of the County Commission, Members shall be appointed beginning July 1, 2013 and terms staggered as follows: District 1- July 1., 2013 through Nov. 1, 2016 District 2- July 1, 2013 through Nov. 1, 2014 District - July 1, 2013 through Nov. 1, 201 District 4- July 1, 2013 through Nov. 1, 2014 District 5- July 1, 2013 through Nov. 1, 201 Following terms will be for four gears. Section 4. Administrative Procedures and By-laws. The Committee shall function and operate in accordance with established Administrative Procedures andBy-Laws, as approved by the Board of County Commissioners. PASSED AND ADOPTED by the Boyd of County Commissioners of Monroe County, Florida at a regular mpg held on the 20th day of Mares, 2013 . Mayor merge Neugent Mayor Pro Fern Feather Carruthers o�asioner Danny L. Ilhage Commissioner David Rice omnu���sioner Sylvia Mushy BOARD OF COUNTY CON&MSIONERS OF MONROE COUNTY, FLORIDA Mayor merge Neugent (SEAL) ATTEST: AM I-1EAVILIN, CLERK Deputy Clerk "111� 00UN-rYATTORNEy AR ROVE TO FORD. US / GRIMS-EET ASS!jj ■ A• i OUTy ATTORN �1 MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DM IO We strive to be caring, professional rind fair To: Board of County Commissioners From: Richard Jones, Marine resources eruior Administrator . 1 r Date: February 25, 2013` RE: Resolution specifying MPA purpose, and membe rship .. The Pose of this memo is to provide additional information regarding consideration of a resolution providing for the purpose, specific duties and membership for the Marine and Port Advisory Committee (MPAC). Background At its January 16, 2013 BOCC meeting the Board discussed the role and duties of the MP.A. Staff provided information on the creation of the MPAC and explained the general purpose of the MPAC as provided for in resolution No. 05 7-1 9 1 which stipulates `the MPAC shall have no powers other than to make informed recommendations and give advice to the Monroe County Port Authority and the Monroe County Board of County Commissioners on matters relating to ports and marine issues as requested by action of the .Authority or the board or both". Staff explained that recently it had been brought to the attention of Growth Management staff that the MPAC does not have clearly defined duties, and if its purpose and duties were clarified and/or more specially defined the hoard would function better. The hoard discussed the issue d gave Staff direction to draft a resolution to include the following six specific duties based on staff` recommendation. 1- Provide recommendations regarding vessel sewage and pumpout services - Provide recommendations regarding implementation of the FWC Pilot Program anchoring ordinance 3 - Provide recommendations regarding siting of marinas, mooring fields and boat ramps 4- Provide recommendations regarding the preservation and enhancement of public water access 5- Provide a forum for the gathering and dissemination of public information - Provide input on the development of educational and outreach materials and resources In addition, the Board discussed issues regarding the membership of the MPA . The Board directed that each Commissioner should appoint one member to the Marine Port Advisory Committee, reducing the membership to a workable group of five. The general discussion was that ten (10) members is too many. The Board directed staff to provide a draft resolution to the MPAC for input before returning to the BOCC for approval. Marine and Port Advisory Committee Input: Staff included a draft resolution for the February 5, 2013 MPAC agenda for discussion and input, as directed by the Board. The Committee reviewed the specified duties and recommended minor revisions to items 2. 3 and 5 (below). The MPAC also recommended the addition of a seventh specific duty. The duties recommended by MPAC are as follows. 1- Provide recommendations regarding vessel sewage and pumgout services - Provide recommendations regarding . at R=a*am "nallark4anchoring and mooring regulations 3- Provide recommendations regarding .. marinas, mooring fields and boat ramps 4- Provide recommendations regarding the preservation and enhancement of public water access 5- Provide a forum for the gathering and dissemination of relevant public information - Provide input on the development of educational and outreach materials and resources 7- Provide recommendations on channel marl in In addition, the MPAC felt that ten members provide better public representation on the committee than five. The MPAC recommended against reducing the membership from ten to five members. The following table indicates BOCC, MPAC and Staff recommendations. MPAC REVISIONS Elements for Resolution Recommendations Purpose BOCC I PAC STAFF The purpose of the Marine and Port Advisory Committee is to make informed recon mwndations and give advice to the Monroe County Port Authority and the Monroe County Board of Countyl Yes Yes Commissioners on matters relating to ports and marine issues as I Yes requested by action of the Port Authority or the Board of Countyl Congnissionerl Staffor the Conmuttee itself. Duties .- Provide recommen_dations regarding vessel sewage and pumpout _ 7 services Yes Yes Yes 2- Provide recommendations regarding implementation of the FWC Pilot w P Program ordinance Yes Revise Revise 3- Provide reco rnmen&tions regardi ng siti ng of marinas, moo ri ng fields and boat ramps Yes Revise * * Revise 4- Provide reco mmenda tons rega4 ng fhe preservation a nd enha ncement � of public water access Yes Yes Yes S- Provide a forum f or the gathering and dissemination of public ----- - information Yes Revise* * * Revise* - Provide input on the development of educational and outreach materials and resources Yes Yes Yes 7- Provide recommendations on channel marking Yes**** No Membership Reduce membership from 10 members to S members Yes d No Yes * The MPAC recommended, and staff recommends- Provide recommendations regarding anchoring and mooring regulations ** The MPAC recommended, and staff recommends- Provide recommendations regarding marinas, mooring fields and boat ramps ** The MPAC recommended, a nd staff recommends- Provide a forum for the gathe ri ng and dissemi nation of re evant public 1nforntiation * * * The MPAC recommended a seventh duty regarding channel marking Staff Recommendation: Staff' is in agreement with the MPAC recommended amendments to items 1- , except the addition of duty #7, as channel marking is a safety function and should not have input by a committee. requiring Committee input would slow down replacement or addressing new markers needed. If the BOCC chooses to reduce MPAC membership from ten (10) to five (5), Staff recommends ends individual Commissioners excuse both of their current appointments and make a new appointment as of July 1, 2013 prior to the August 2013 MPAC meeting. Further, membership terns would run consistent with Board of County Commissioner terns. (See attached 11 PA Membership Table with term expirations and attendance records of members. ui m b r �+ Q V Z m e+i Cup N � C .0 m 1 E ?w C C C C C C C C N &M &n tA LL < m CL Q a C C C C C C C C 1 'o Ci � � r -0 � W 0.1 -0 � a � a z [Lla a s O a a C C 4-. C C C N C C rl C M Ln 75 1 1 Ln � 0 CA CA CL m a ¢ a C6 436. 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