Item J1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January_19, 2012
Bulk Item: Yes No X
Division: growth Management
Department: Planning & Env. Resources
Staff Contact: Richard Jones1289-2805
AGENDA ITEM WORDING: Discussion of policy regarding reimbursement funding to the
municipalities from Boating Improvement Funds (BIF) and possible future revisions to Resolution No.
3 71-2011 which would establish additional criteria and procedures.
ITEM BACKGROUND: At the October 19, 2011 BOCC meeting the Board approved Resolution
No. 371-2011 establishing policy for the general use of BIF and procedures for municipality requests
for BIF reimbursements. At that meeting the Board asked staff to return with another resolution
disallowing the use of BIF for revenue producing municipal infrastructure. Staff developed that
resolution language and brought a draft resolution back to the Board at the December 14, 2011 BOCC
meeting. The Board denied approval of that resolution, but discussed other criteria for consideration
which would provide for reimbursement of capital improvement projects, budgeting, prioritization of
funding requests, and specific uses of BIF funds. The attached memo describes existing policy, and
additional criteria for consideration for policy revisions. Staff anticipates discussing various scenarios
and potential criteria, and will ask for guidance from the Board.
PREVIOUS RELEVANT BOCC ACTION:
October 2011- approval of Resolution No.3 71-2011 establishing procedures for the reimbursement of
BIF to the municipalities
December 2011- denied approval of a resolution establishing criteria for the use of BIF
CONTRA.CTIAGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
NIA
TOTAL COST: INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing I Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Board of County Commissioners
From: Richard Jones, Marine Resources Senior Administrator
Date: January 3, 2012
RE: Boating Improvement Fund reimbursement funding policy
The purpose of this memo is to describe current policy for reimbursement funding to the
various municipalities from Boating Improvement Funds (BIF), and recommended policy
revisions for the establishment of additional funding criteria and procedures.
Back ound and current BIF funding policy:
Due to an influx of BIF reimbursement requests from both public and private entities,
staff brought a resolution before the Board at its October 19, 2011 BOCC meeting which
would provide clarification on the uses of BIF, reimbursement procedures, and provide
for the distribution of BIF (by allocation) to the various municipalities. The Board
approved sections of that resolution (No. 371-2011 attached) pertaining to the general use
of BIF, request submission/review timelines, and the mechanism for reimbursement. The
Board deleted sections pertaining to the distribution of BIF and annual allocations to the
various cities. Policy elements approved by the Board include the following:
1- BIF will be expended only for County and municipal boating and waterway
related projects, and which serve the general public.
2- Funding requests from municipalities will be submitted by April 1 st each fiscal
year.
3 - Staff will compile and review funding requests on, or around, June each year and
make recommendations to the BOCC accordingly, and in consideration of
funding availability.
4- Reimbursement funding will be provided for by Inter -local Agreement (ILA).
5- Unused funds allocated for a municipality may be provided to other
municipalities. *
* No. 5 (above) was inadvertently left in the resolution after deletion of other sections pertaining the
distribution and allocation of BIF to the municipalities. This section should be removed from the policy.
Upon approving the resolution described above, the Board discussed the issue of
providing reimbursement to the City of Marathon for repair and maintenance of its
mooring field. The Board indicated a concern for subsidizing municipal infrastructure
which is revenue producing. The Board directed staff to develop another resolution
which would provide additional policy for BIF reimbursements by disallowing funding
for the repair and/or maintenance of revenue producing infrastructure such as mooring
fields. At the December 14, 2011 BDCC meeting staff presented a resolution providing
that language, however the Board denied approval of the resolution. As an alternative the
Board directed staff to review other similar programs and bring hack to the BDCC
criteria that may be used for a future resolution, further refining BIF reimbursement
policy and procedures.
Additional BIF reimbursement funding policy_:
Based on the direction of the Board at its December BDCC meeting, staff has reviewed a
variety of information (e.g. Tourist Development Council manual for capital project
grants and Broward County's BIF funding procedures) to see the procedures used by
other entities for the receipt of requests for funding, the processing of those requests, and
the awarding of funds. Staffs evaluation of that information, as well as consideration of
comments from commissioners at the December BDCC meeting, determined that while
current County policy does provide for the basic mechanism and timelines for receipt of
funding requests, evaluation, and awarding of BIF reimbursement funding to the
municipalities, additional criteria would help refine the funding request submission and
selection processes, as well as providing clarification on the purpose of the funding.
The following table provides elements for consideration for inclusion in BIF
reimbursement funding policy.
Recommendations
for BIF Reimbursement
Funding Policy
}
1/19/2012 Recommendations
Element Category
Element Description
Staff BOCC
Recommendation Recommendation
For work to be performed in
x
next fiscal year
Purpose of Funding
For repair and maintenance
For new/capital projects
X
Only projects occurring over
public upland or public bay
X
bottom
Request Submission
For repair/maintenance of
Requirements
revenue producing
infrastructure must provide
X
current annual financial
reports indicating unmet
costs
Scoring and
Staff will score and prioritize
x
Prioritization
funding requests
Consolidate all BIF policy in a
x
single resolution
Policy by Resolution
Delete policy language
referencing allocations (no. 5
X
on previous page)
In addition to the above policy elements, staff anticipates developing a BIF Funding
Request Form to be completed and submitted by the municipalities. The request form
will provide information necessary to assist in the evaluation, scoring and prioritization
of funding requests (to be developed at a future date). Information that may be included
on the request form may include:
a) Total project cost
b) Funding amount requested
c) Description of public benefit related to boating and waterways
d) Description of how project may promote public water access
e) Timeframe for project start/completion
fl Status of project (designed, permitted, etc)
g) Does project occur entirely over publicly owned upland or submerged lands?
h) Is the request for routine maintenance of revenue generating infrastructure? If
so, describe and provide documentation (such as current annual financial
reports) justifying the need for the infrastructure to be subsidized
Summm and staff recommendation:
All of the elements described in the section above, in addition to current policy and
procedures provided under Resolution No. 3 71--2011 (with the exception of language
referencing unused allocations), are considered by staff to be appropriate for inclusion in
a policy for BIF reimbursement funding. The primary shift in BIF reimbursement
funding policy would be from projects previously performed to projects to be performed
in the following fiscal year, but funds would still only be reimbursed after expenditures
are made. This change will allow for budgeting of anticipated expenditures by both the
County and the municipalities, and provide an emphasis on funding of capital
improvement projects.
The structuring of reimbursement funding procedures by policy (and adopted by
resolution) would streamline current procedures by having the all funding requests and
staff recommendations presented to the BOCC at one meeting.
RESOLUTION NO. 371 -2011
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS PROVIDING A POLICY FOR THE
USE OF BOATING IMPROVEMENT FUNDS AND THE
DISTRIBUTION OF A PORTION OF COUNTY BOATING
IMPROVEMENT FUNDS TO THE MUNICPALITIES.
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. 328.72, hereafter referred to as State Boating Improvement Funds; and
WHEREAS, State Boating Improvement Funds are for the sole purposes of
providing recreational channel marring 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.328.55, 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
WHERERAS, the County has expended County Boating Improvement Funds for
new pumpout vessel match payments, boating and waterways studies, pumpout staff
salary, and pumpout vessel operational costs; and
WHEREAS, the County has been providing reimbursement funding to the
municipalities for boating and waterways related projects from State and County Boating
Improvement Funds based on funding requests averaging $51,094 in the past four
calendar years; and
WHEREAS, requests have recently been received from several incorporated
cities exceeding the typical annual amount the County has awarded; 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 currently has no policy regarding the distribution of
State and County Boating Improvement Funds, nor a maximum annual amount for cities;
and
WHEREAS, the State allows for the distribution of Boating Improvement Funds
to municipalities, but holds the County responsible for the appropriate expenditure of
such funds; and
WHEREAS, it is in the best interest of the County to create a policy regarding
the use of Boating Improvement Funds, and the distribution of a portion of State and
County Boating Improvement Funds to the municipalities; and
WHEREAS, an evaluation of State and County Boating Improvement Fund
revenues and expenditures indicates that the County can provide a portion of Boating
Improvement Funds, in an amount up to $75,000 per year, to the municipalities within
the County, subject to annual funding availability, and still maintain State and County
funds adequate to fund County obligations, including: channel marker maintenance,
derelict vessel removals, pumpout program costs, and boat ramp construction;
Now THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. 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 2. The Monroe County Board of County Commissioners and
municipalities within Monroe County shall execute boating and waterway related projects
that serve the general boating public.
Section 3. Municipality reimbursement funding requests for Boating
Improvement Funds shall be received by the County no later than April, 1 of the fiscal
year and shall be reviewed by the County, approximately four months prior to the end of
the County's fiscal year (on or around June of the fiscal year). At that time staff will
review the collective funding requests and make recommendations to the BOCC for
reimbursement accordingly, and in consideration of funding availability. Reimbursement
funding shall be provided for by Inter -local Agreement (ILA). Any unused funds
allocated for a particular municipality may be provided to other municipalities based on
their funding requests.
N
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 19th day of October, 2011.
Mayor Heather Carruthers Yes
Mayor Pro Tern David Rice Yes
Commissioner Kim Wigm' gton Yes
Commissioner George Neugent Yes
Commissioner Sylvia J. Murphy Yes
BOARD OF CO Y MISSIONERS
OF MONROE C
BY:
Mayor Bather Carruthers
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(SEAL) +�
. ATTEST: DXNNY L. KOLHAOE, CLERK
Deputy Clerk
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
fPSAN M. ORIMSLEY
ASSrSTANT COUNTY ATTORNEY
Date &h2ftVgd=a%
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4AtES OF
County Mayor Heather Carruthers
Monroe County Board of County Commissioners
530 Whitehead St.
Key West, FL 33040
Dear Mayor Carruthers:
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL OCEAN SERVICE
Florida Keys National Marine Sanctuary
33 East Quay Road
Key West, FL 33040
January 19, 2011
At the October 25 meeting of the Sanctuary Advisory Council for Florida Keys National Marine
Sanctuary the advisory council passed a resolution (enclosed) requesting I write a letter of
support for Monroe County Resolutions of 2008 and 2009 and the FS 327.4105 Florida Fish and
Wildlife Conservation Commission (FWC) Pilot Program for regulation of mooring vessels
outside of public mooring fields. The referenced Florida Statutes give the County authority to
propose ordinances and enact those found to be consistent with the goals of program. Florida
Keys National Marine Sanctuary strongly supports Monroe County's efforts to implement this
pilot program.
Improper anchoring, the sinking of vessels and floating structures, illegal discharge or deposit of
sewage from vessels into sanctuary waters, and other associated activities take a far-reaching toll
on the coastal and marine resources of the Florida Keys, and require expenditure of funds that
might otherwise be allocated to other programs, including resource protection and restoration. As
you know, the advisory council was informed that the impact of derelict vessels cost in excess of
$273,000 of Monroe County Boater Improvement Funds alone in 2011, and there was some
discussion at the meeting about other direct and indirect costs within the sanctuary for addressing
those issues. Florida Keys National Marine Sanctuary also expends significant funds addressing
derelict vessel issues — almost $100,000 in 2011. In addition, there are time and funds expended
to respond to and mitigate these problems involving personnel from FWC, other offices in the
National Oceanic and Atmospheric Administration, the Florida Department of Environmental
Protection, the U.S. Coast Guard, and the U.S. Coast Guard Auxiliary.
Again, I concur with the advisory council's advice. I hope that this information may be
considered as part of the Board of County Commissioners decision -making processes for
implementing the pilot program, and I am happy to address the Commissioners on the matter if
requested. If you have any questions, I may be reached at 305-809-4700.
i
Sean Morton
Superintendent
Attachment A��
�5,2
EXCERPT FROM THE DRAFT MINUTES OF THE OCTOBER 25, 2011 MEETING OF
FLORIDA KEYS NATIONAL MARINE SANCTUARY ADVISORY COUNCIL
FLORIDA KEYS NATIONAL MARINE SANCTUAR YAD VISOR Y COUNCIL
RESOLUTION
A RESOLUTION OF THE FLORIDA KEYS NATIONAL MARINE SANCTUARY ADVISORY
COUNCIL ACKNOWLEDGING THE ENVIRONMENTAL IMPACTS
OF BOTH LIVE ABOARD AND TRANSIENT CRUISING VESSELS WHO IMPROPERLY
AND ILLEGALLY ANCHOR AND PROLIFERATION OF DERELICT VESSELS
WHICH ARE HAVING TO BE REMOVED AT GREAT EXPENSE AND
ARE HAVING NEGATIVE IMPACTS ON RESOURCES AND NAVIGATION
DO OFFER STRONG SUPPORT FOR FS 327.4105 WHICH ESTABLISHES
THE STATE PILOT PROGRAM FOR THE REGULATION OF MOORING VESSELS
OUTSIDE OF PUBLIC MOORING FIELDS AND THE ESTABLISHMENT OF
ADDITIONAL MANAGED MOORING FIELDS WITHIN
THE FLORIDA KEYS NATIONAL MARINE SANCTUARY.
October 25, 2011
WHEREAS, Monroe County is home to North America's only coral barrier reef, among the most
endangered coral reefs in the world due to multiple stressors including pollution from sewage that has
caused a decline in water quality; and
WHEREAS, the reduction of water quality in Monroe County is caused in part by the discharge
of untreated or poorly treated sewage from vessels within Monroe County; and
WHEREAS, these waters are of such value that the State of Florida has designated them as
Outstanding Florida Waters and Congress has designated them as part of the Florida Keys National
Marine Sanctuary; and
WHEREAS, through the efforts of the Governor and the U.S. Environmental Protection Agency,
state waters within the boundaries of the Florida Keys National Marine Sanctuary were established as a
No Discharge Zone for boater sewage effective June 19, 2002, as published in the Federal Register at 67
FR 35735 on May 21, 2002; and NOAA regulations promulgated in November 2010, which made
discharge of sewage from marine sanitation devices throughout the entire Florida Keys National Marine
Sanctuary, both state and federal waters, a prohibited activity, with certain limitations. The NOAA
regulation became effective December 27, 2010, as published in the Federal Register at 75 FR 72655 on
November 26, 2010.
WHEREAS, the Monroe County 2010 Comprehensive Plan requires the County to develop
provisions to reduce pollutant discharges from anchored liveaboard vessels, including the establishment
of mooring areas; and
WHEREAS, surveys conducted for Boat Live-Aboards in The Florida Keys: A New Factor in
Waterfront Development prepared by Gus Antonini in 1990 concluded that anchor -outs are one of the
most serious concerns in regard to live -aboard issues in the keys; and
WHEREAS, The Boating Impacts Management Plan prepared by the Monroe County
Department of Marine Resources in 1992 recognized that liveaboard vessels require specialized
infrastructural services including sewage disposal and shore -side facilities; and
WHEREAS, The Channel Marking Master Plan for the Florida Keys prepared by the Monroe
County Department of Marine Resources in 1998 identified mooring fields as a key management tool in
addressing the variety of impacts generated by the proliferation of liveaboard boaters anchored
throughout the keys; and
WHEREAS, in 2001 the Monroe County Board of County Commissioners gave approval for the
Department of Marine Resources to apply for grants to fund the implementation of mooring fields and
pumpout facilities; and
WHEREAS, in 2001 the Monroe County Department of Marine Resources prepared a Project
Proposal for a Keys -Wide Mooring Field System for the Florida Department of Community Affairs which
recognized a variety of impacts associated with live -aboard anchorages in the keys; and
WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a Keys -
Wide Mooring Field System Preliminary Planning Document which included an evaluation of numerous
anchorages throughout the keys including Boca Chica harbor and recognized the need to address
numerous boating impacts associated with the crowded anchorage; and
WHEREAS, the anchorage at Boca Chica Harbor would benefit from implementation of
infrastructural services for the disposal of vessel sewage waste, provision of vessel mooring systems and
designated access to the shoreline; and
WHEREAS, the Florida Department of Environmental Protection has recognized the need for
establishing mooring fields designed to accommodate the management goals of local government
programs;
NOW THEREFORE, BE IT RESOLVED, I move that the Florida Keys National Marine
Sanctuary Advisory Council request that the Superintendent of the Florida Keys National Marine
Sanctuary, Sean Morton, construct a letter of strong support of the Monroe County Resolutions of 08 09
and FS 327.4105 Pilot Program, which gives the County authority to write ordinances which expound on
further protection from the negative and costly impact(s) of derelict vessels and other on -water structures
(which cost in excess of $273,000 of Monroe County Boater Improvement Funds alone in 2011), illegal
dumping, inappropriate and improper anchoring within the Florida Keys National Marine Sanctuary.
The Council is an advisory body to the sanctuary superintendent. The opinions and findings of this
publication do not necessarily reflect the position of the Florida Keys National Marine Sanctuary, the
National Oceanic and Atmospheric Administration, the Florida Department of Environmental Protection,
or the Florida Fish and Wildlife Conservation Commission.
[Passed on this date: October 25, 2011