Item I2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2013 , -_ Division: _ Growth Management
Bulk Item: Yes No X Department: Marine Resources Office
Staff Contact Person/Phone #: Richard Jones/289-2805
AGENDA ITEM WORDING:
Presentation of an annual report from the Marine and Port Advisory Committee (MPAC) as required
by MPAC Administrative Procedures and By -Laws.
ITEM BACKGROUND:
The Chair of the MPAC will provide an oral report, on behalf of the committee, describing the
achievements of the MPAC in the past year. A written report is also provided as backup to this item.
PREVIOUS RELEVANT BOCC ACTION:
June 2012- approval of MPAC Administrative Procedures and By -Laws
CONTRACT/AGREEMENT CHANGES:
nla
STAFF RECOMMENDATIONS:
nla
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 #
Monroe County Marine and Port Advisory Committee
2012 Annual Report
This annual report is presented to the Board of County Commissioners (BOCC) per the Marine
and Port Advisory Committee (MPAC) bylaws. While covering MPAC accomplishments in
2012, this report draws on activities from 2011 that were not provided in a previous report.
FWC Pilot Program:
The MPAC held three Pilot Program stakeholder workshops during 2011. These workshops were
an excellent venue for the public to voice opinions and concerns ranging from crime and boating
impacts in Buttonwood Sound to fears that liveaboazd boaters would be forced into mooring
fields in Marathon and Key West. The committee and Marine Resources (staff) were able to
explain Pilot Program goals, and give assurances to the public, while gathering valuable input for
inclusion in the program.
With continuing public input at several 2012 MPAC meetings, the committee worked with staff
to distil potential regulatory options into a simple set of reasonable and understandable
requirements to be used within four "Managed Anchorages" and three "No- .Anchoring Buffer
Zones." The final MPAC recommendations were for anchored vessels to provide:
1- Proof of Pump Out
2- A satisfactory US Coast Guard Vessel Safety Check
As staff presented to and received feedback from the BOCC, the committee learned that the US
Coast guard command preferred their voluntary Vessel Safety Check Program not be used as a
mandatory regulatory requirement. Staff then worked directly with county commissioners to
create "Pre - Derelict" conditions, and the MPAC provided additional recommendations to the
BOCC on the use of these "Pre - Derelict" elements in the ordinance.
Marathon U.S. Customs Facility:
Based on public input received during MPAC meetings, it became clear to the committee that
boaters in the Marathon area recognized the benefit of a U.S. Customs facility at the Marathon
Airport and encouraged its creation. The committee approved transmittal of a letter from the
MPAC to the BOCC in support of a US Customs Port of Entry at the Marathon Airport.
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Monroe County Marine and Port Advisory Committee
2012 Annual Report
BIF Pro i ect Funding:
The MPAC was given the opportunity to weigh in on the prioritization of potential projects to be
funded with reserve Boating Improvement Funds (BIF). The recommendations were:
• Consider public /private and public /public partnerships as a cost effective approach to
mooring field development and management.
• Proceed with the repairs of six existing boat ramps and to include any other boat ramps in
need of repair.
• Consider the acquisition of distressed properties as an option for use of BIF funds, and
have Marine Resources contact a realtor to research potential locations.
General Discussion and Recommendations:
Throughout the year the committee discussed a variety of issues from boat ramp locations and
marina siting, to pump outs, and channel dredging. These discussions often follow an update by
staff on items being addressed by Marine Resources. Occasionally a member of the public will
raise an issue with the MPAC, but more often than not, the public contacts Marine Resources or
a county commissioner directly. The MPAC often makes recommendations about these issues,
which are taken under advisement by staff.
Lookin g Forward:
The original MPAC charter was most recently clarified in 1991 with a resolution that states the
MPAC, 64 . . shall have no powers other than to mare 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 i s sues, as requested by action of the Authority or the
Board, or both."
The Marine and Port Advisory Committee encourages the Board of County Commissioners to
utilize the talents and experience of the MPAC whenever opportunities arise.
In Closin
With thanks to Rich Jones, Marine Resources staff, and Monroe County Commissioner Sylvia
Murphy for their dedication and support, I respectfully submit this report.
Bill Hunter
Chairman — Monroe County Marine and Port Advisory Committee
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MONROE COUNTY
MARINE AND PORT ADVISORY COMMITTEE
ADMINISTRATIVE PROCEDURES,
BY -LAWS
Revised June 20, 2012
BOCC Approved 6/20/12
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MONROE COUNTY MARINE AND
PORT ADVISORY COMMITTEE
ADMINISTRATIVE PROCEDURES and BY --LAWS
Sec. (1.01) Governing Rules:
Except as may be provided by these Procedures and By -Laws, questions of order,
the methods of organization and the conduct of business of the Committee shall
be governed by Robert's Rules of Order, Newly Revised, 1990 Edition, Policies of
the Board of County Commissioners and by adopted Policy decisions of the
Committee.
Sec. 1,
off) Meetings:
(a) Regular Meetings: The Committee shall hold regular meetings on the first
Tuesday of the month, no less than once a quarter. Meeting times shall be
established to maximize the ability for both the committee members and general
public to attend. Meetings shall be held on a regular basis in Marathon. No
meeting shall be scheduled when the day fixed for a regular meeting falls on a
day designated as a holiday. Regular meetings may be postponed or cancelled
by Committee action and may be re- scheduled on another suitable day. With
advanced notice, in extenuating circumstances, the Chair and/or the County
Administrator may designate other suitable locations.
(b) Special Meetings: A special meeting of the Committee may be called by the
Chair whenever, in his/her opinion, the public interest may require it, and shall
be called whenever a majority of the committee request a special meeting.
Whenever a special meeting shall be called by the Chair, a written request signed
by the Chair shall be delivered to the County Administrator; and whenever a
special meeting shall be called by members of the Committee, a written request
signed by at least four (4) members of the Committee and shall be delivered to
the County Administrator. The request shall state the purpose of the meeting.
The County Administrator shall forthwith serve either verbal or written notice,
unless specifically waived, upon each member of the Committee, stating the date
and hour and the place of the meeting and the purpose for which such meeting
is being called. The County Administrator shall insure the proper notice is given
under statue and Attorney General opinion per F.S. 286.011.
No other business shall be transacted at that meeting unless a full ten 0 0)
member quorum is present and unanimously agrees to the additional items. The
Administrator in his notice shall allow at least forty eight (48) hours to elapse
between the call of the meeting and the date and hour of the meeting. If, after
reasonable diligence, it was impossible to give notice to each Committee
member, such failure shall not affect the legality of the meeting if a quorum
(simple majority) be in attendance. The minutes of each special meeting shall
show the manner and method by which notice of such special meeting was given
to each member of the Committee or shall show a waiver of notice.
All special meetings shall be open to the public and shall be held and conducted
in an appropriate location designated by the Chair or the County Administrator.
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Minutes thereof shall be kept by the Administrator or his designee, as is kept for
regular meetings.
Sec. (1.03) Agenda:
(a) official Agenda: An agenda will be prepared by the County Administrator's
office or his designee for every regular meeting or special meeting of the
Committee. A written add -on agenda shall be prepared by the County
Administrator's office for every regular meeting or special meeting of the
Committee, if necessary, and will be considered an official agenda. The
Committee shall not take action on any matter, proposal, report or item of
business which is not listed upon the official agenda, unless there is a
unanimous consent of the Committee on the day of a scheduled meeting to the
presentation thereof for consideration and action.
All regular meeting agenda items will be delivered to the Administrator's office
by 4:00 p.m. on the second Friday preceding the scheduled meeting date. Add -
on agenda items will be delivered to the Administrator's office by 4:00 p.m. on
the Friday preceding the scheduled meeting date. The agenda shall be prepared
and distributed not later than five (5) working days preceding the meeting on
Thursday.
(b) Regular Meeting Agenda Items: Matters for consideration may be placed on
the regular meeting agenda only by a member of the Monroe County
Commission (governing body), Committee Members, the County Attorney, the
County Clerk and the County Administrator; written comments and/or
recommendations from staff as is appropriate.
(c) Public Input: To provide that any member of the public who wishes may have
the opportunity to address the Committee on items from the agenda, the
Committee will allow individuals to address said issue for a period not to exceed
three (3) minutes per individual or five (5) minutes per group and as provided for
under Section (1.1 1 ) Rules of Debate contained herein.
Sec. x'1.04) Presiding officer, Election, Duties:
(a) Chair: The Presiding officer of the Committee is the Chair, who shall be
elected by a simple majority vote of the members present at the first regular
meeting of each calendar year. Selection of the Chair shall be nomination from
the floor, with no second required, followed by alphabetical roll call vote of
Committee members on each nomination, in order of nominations made.
Selection of the Vice Chair shall be in an identical manner.
(b) Vice Chair: If, for any reason, the Chair is absent or unable to perform
his/her duties, the Vice Chair, who will have been elected under the same
circumstances as the Chair, shall succeed the Chair. If the Committee
determines that the disability or absence is expected to extend for a period of
time in excess of the length of the meeting at which this is determined, a new
Vice Chair shall then be elected by a simple majority of the members present at
that meeting.
W Presiding officer: The Presiding Officer shall preserve strict order and
decorum at all meetings of the Committee. A majority vote of the members
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present shall govern and conclusively determine all questions of order not
otherwise covered. The Presiding officer may vote on all questions, his/her
name being called last.
The Chair shall sign all resolutions adopted by the committee in his/her
presence. In the event of the absence of the Chair, such resolutions shall be
signed by the Presiding Officer. The Chair shall represent the Committee before
the Monroe County Port Authority and the Monroe County Commission.
Sec. Parliamentarian:
A staff person may be provided by the Office of the County Administrator to act
as Parliamentarian for the purpose of ensuring that rules of order are followed.
Sec. (1.06) Additional officers:
A Secretary for the purposes of calling the roll, recording the Minutes, retaining
documents to be entered into the Record of the Committee's proceedings, and
other lawful duties necessary for the efficient functioning of the Committee may
be provided by the Office of the County Administrator.
Sec. 0.07} all to order:
The Presiding Officer shall take the chair at the hour appointed for the meeting
and shall immediately call the Committee to order. In the absence of the Chair,
and the Vice Chair, the Secretary shall then determine whether a quorum is
present and in that event shall call for the election of a Temporary Chair. Upon
the arrival of the Chair or the Vice Chair, the Temporary Chair shall relinquish the
chair upon the conclusion of the business immediately before the Committee.
Sec. (1.08) Quorum_
A majority of the whole number of members of the Committee shall constitute a
quorum. No resolution or motion shall be adopted by the Committee without the
affirmative vote of the majority of the members present at any meeting. Should
no quorum attend within thirty (30) minutes after the hour appointed for the
meeting of the Committee, the Chair, or the Vice Chair, or in their absence, the
Secretary, may adjourn the meeting until the next day; unless by unanimous
agreement those members present and their action at such meeting shall be
recorded in the minutes by the Secretary.
Sec. (1.10) order of Business:
All meetings of the Committee shall be open to the public. Promptly at the hour
set forth for each meeting, the members of the Committee, the County Attorney
(or his designee), and the Secretary shall take their stations in the meeting hall.
The business of the Committee shall then be taken up for consideration and
disposition in accordance with the agenda for the meeting. The agenda shall
constitute the order of business, unless otherwise determined by a majority of
the members present.
Sec. (1.11) Rules of Debate:
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(a) Questions under Consideration: when an item of business has been
announced by the Secretary, the Chair shall first ask if there is any member of
the audience who wishes to be heard regarding this matter. Expert witnesses
may be required by the Chair to provide documentation establishing their
credentials prior to said testimony being entered into the record as "Expert
Witness Testimony ". Any person who wishes to be heard shall, prior to the item
being called, provide the Secretary with his/her name and residence, and the
agenda item on which he/she wishes to be heard. Upon conclusion of the
audience participation, the Committee shall then consider the item.
After the Committee has begun its discussion of the item, no further audience
participation shall be permitted, unless otherwise determined by the Chair or by
committee majority; a member of the audience is permitted to respond to
specific questions from the Committee Members. A motion must be made and
properly seconded in order for official action to be taken by the Committee. The
presenter/mover shall be allowed to address the Committee on the motion
initially, whereupon each of the other Members shall be allowed to address the
Committee on the motion before it.
(b) As to the Chair: The Chair or such other Member of the Committee as may
be presiding may move, second, and debate from the chair; Subject only to such
limitations of debate as they are rules imposed upon all members and shall not
be deprived of any of the rights and privileges of a Member by reason of his
being the Presiding officer.
(c) obtaining the Floor, improper References: Every Member desiring to speak
for any purpose shall address the Presiding Officer, and upon recognition, shall
confine himself/herself to the question under debate, avoiding all personalities
and indecorous language.
(d) Interruption: A Member, once recognized, shall not be interrupted when
speaking unless it be to call him/her to order; or as herein otherwise provided.
If a member, while speaking, be called to order, he /she shall cease speaking
until the question of order be determined by the Presiding Officer, and if in
order, he/she shall be permitted to proceed. Any Member may appeal to the
Committee from the decision of the Chair upon a question of order when without
debate the Chair shall submit to the Committee the questions, "Shall the decision
of the Chair be sustained ?" and the Committee shall decide by a majority vote.
(e) Roll Call Vote: A vote shall be recorded or counted for each member present,
except when, with respect to any such matter there is, or appears to be, a
possible conflict of interest under provisions of Florida Statutes Sections
1 12.31 1, 112.313 or 112.3143. In such cases said member shall comply with
disclosure requirements of Section 112.3143.
Sec. (1.12) Reading of the Minutes:
Unless a reading of the minutes of a meeting is requested by a majority of the
Committee, such minutes shall be considered approved without reading;
provided that the County Administrator (or his designee) deliver a copy thereof
to each member of the Committee at least five (5) working days preceding the
next meeting on Tuesday. The minutes of the meetings may be approved by
majority of the members present, and upon such approval shall become the
official minutes.
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Sec. 1.13 Votes by Rol I Ca 11:
The vote upon every motion or resolution may be taken by roll call in
alphabetical order except the Chair shall be the last member called, and the vote
shall be entered upon the minutes. Resolutions, proclamations, or written
recommendations shall be signed by the Presiding officer at such meetings and
by the Secretary before they are entered upon the minutes. Each Resolution and
Motion shall contain, at the conclusion of the "Passed and Adopted" clause, a list
of the members of the Committee and the vote cast by each ( "Yes "No
"Abstention ", or "Not Present").
Sec. (1.14) Decorum:
Any person making impertinent or slanderous remarks or who becomes
boisterous while addressing the Committee shall be barred from further
audience before the Committee by the Presiding Officer, unless permission to
continue or again address the Committee be granted by the majority vote of the
Committee.
Sec. 1.15) Sergeant -At- Arms:
While probably unnecessary for the purposes of this Committee, the Presiding
Officer shall make the determination whether a Sheriff is required for the
purposes of maintaining order and decorum in accordance with these rules and
Florida Statutes.
Sec. (1.16) Motions. Resolutions and Recommendations:
(a) Preparation of Resolutions and Recommendations: The Secretary, when
requested, shall prepare resolutions and draft recommendations, a copy of which
shall be provided to both the County Administrator and the County Attorney
before such documents are presented by the Chairman to the County
Commission (Port Authority). All resolutions, contract recommendations or
formal presentations of the Committee shall have been reduced in writing and
may have been approved as to form and legality by the County Attorney. When
so referred, the County Attorney shall affix his signature to the document
certifying to the legal sufficiency and shall append his recommendations as
appropriate. Any action by the committee which has the effect of "advising" or
"recommending" expenditures of public monies by the Board of County
Commissioners shall adhere to County purchasing Policies and Procedures,
which are founded in public law requirements.
(b) Introduction for Passage or Approval: Motions, resolutions,
recommendations and other matters and subjects requiring action by the
Committee must be introduced and sponsored by a member of the Committee;
except the County Administrator, County Attorney or any member of the Monroe
County Commission may also sponsor an item for consideration, providing that
any such item prepared at the request of a Commissioner or Department
Director shall bear the name of the person on the document.
Sec. (1.17) Adjournment:
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A motion to adjourn shall always be in order and decided without debate. Said
motion cannot be amended, except where there is no other business before the
Committee, nor can it be reconsidered.
Sec. (1.18) Minutes. Correspondence:
(a) Secretary to the Committee: The County Administrator, or his designee,
shall act as the Secretary to the Committee and shall prepare the minutes and
attest to all motions, resolutions and recommendations of the Committee.
(b) Correspondence: Correspondence of a general nature addressed to the
Committee shall be referred to the County Administrator without first filing with
the Committee. The receipt of all correspondence will be immediately
acknowledged. Current files of such correspondence will be maintained for the
Committee's examination and/or action. The County Administrator shall advise
the Committee when action is required in response to any correspondence
received.
(c) official Minutes: The official minutes as prepared by the Secretary shall be as
brief as possible and reflect only the very essential elements or actions. Those
items specifically requested by the Committee shall appear in the minutes in the
manner as directed.
Sec. 1.19 The Committee and it's Sub - Committees:
(a) Establishment of the Marine and Port Advisory Committee: This Marine
and Port Advisory Committee, having been duly established by passage of the
following resolutions by the Monroe County Board of County Commissioners;
124 -1977 55-1977 057 -1991, and 138 -1991; shall consist of ten members
consisting of two appointments from each County Commissioner, all to serve
without pay. The terms of the Marine and Port Advisory Committee members
shall be staggered, with appointments for three years. A Committee seat left
vacant for three (3) meetings within a 12 month period may be considered
"Vacant" and the appropriate County Commissioner may be requested to make a
new appointment.
(b) Chairmanship or Chair: A Chair shall be elected once a year by the
committee members in accordance with Section (1.04) of the Administrative
Procedures contained herein. A Vice Chair shall be elected in a similar manner.
(c) Function: The Committee will only function in an advisory or investigative
manner, having no legislative, directive or enforcement authority.
(d) Formal Action: Any item requiring formal action shall be referred to the
Board of County Commissioners for action at a regular meeting for
consideration.
(e) Scheduled Meetings: Committee meetings shall be scheduled through the
County Administrator's office with appropriate notice requirements of statute.
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(f) Committee Reports made to the County Commission: Committee reports
to the County Commission may contain recommendations of actions but must
contain all data and views concerning the matter so as to inform the Commission
of all available information prior to their decision, and not simply consensus
views.
(g) Minutes: Taped minutes of all meetings shall be made and delivered to the
Administrator's Office. Written minutes shall be made and distributed to each
Commissioner by a representative from the Administrator's office, functioning as
the Committee's Secretary.
(h) Annual Report: The Committee shall provide the Board of County
Commissioners with a written or oral report at least once a year based on a
schedule developed and distributed by the County Administrator.
(i) Subcommittees: The Committee may form subcommittees to be headed by a
member of the full Committee in order to focus attention on specific areas of
interest.
(j) Address: The official address of the Marine and Port Advisory Committee:
Monroe County Marine and Port Advisory Committee
Marine Resources office
Growth Management Division
2798 overseas Highway, Suite 420
Marathon Florida 33050
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