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Item I5- CM ounty of onroe BOARD OF COUNTY COMMISSIONERS  Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 TheFloridaKeys Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting August 17, 2016 Agenda Item Number: I.5  Agenda Item Summary #1787 BULK ITEM: DEPARTMENT: No Planning/Environmental Resources TIME APPROXIMATE:STAFF CONTACT: Rich Jones (305) 289-2805 N/A AGENDA ITEM WORDING: Discussion regarding the Keys-wide Mobile Vessel Pumpout Service (Pumpout Service), consideration for charging customers of the service, and direction regarding State funding which is available for the next year for the Pumpout Service. ITEM BACKGROUND: The Board of County Commissioners (Board) approved an Agreement with Pumpout USA (Contractor) on December 12, 2012 (Attachment 1), to provide free Keys-Wide Mobile Vessel Pumpout Service (Service) in the unincorporated areas of the Florida Keys, beginning January 1, 2013. The term of the Agreement was for two years, with a provision for two additional two-year terms. The Monroe County cost for the Service was $340,200 in the first year (during startup of the Service) and $329,223 in the second year. The Agreement required continuous, sufficient funding assistance from the Florida Department of Environmental Protection (DEP) Clean Vessel Act (CVA) Program to the Contractor. The Agreement has been amended several times, and at the March 18, 2015 BOCC meeting, the Board approved Amendment No. 5, which provided for an increased cost of (up to) $379,800 per year, associated with an increase in the monthly quota from 1300 to 1500 pumpouts, and extended the Agreement for an additional two years through March 31, 2017. At that meeting the Board discussed the need to consider charging for the Service at the end of the term. At the September 16, 2015 BOCC meeting, staff described the upcoming shift of DEP - CVA grant funding awards from the Contractor directly to the County, and an additional $100,000 in funds anticipated to be provided by the State to help offset costs for the Service. At that time, the Board inquired as to what other mobile pumpout programs throughout the State charge for such service. Attachment 2 includes information on the other mobile pumpout programs in Florida. At the November 17, 2015 BOCC meeting, the Board approved Amendment No. 6 to the Pumpout USA Agreement (Attachment 3) which provides up to $729,800 to be paid by the County for the Service (and references both the $100,000 in State reimbursement funding (i.e., non-CVA funding) and $250,000 in CVA grant funding to help offset the total cost of the Service), and revised the extension of the Service to run through October 31, 2016, to coincide with the new CVA grant's 4EGOIX4K - expiration date. Amendment No. 6 also provides for one additional two-year period. The Board indicated that the beginning of the next Agreement period (November 1, 2016) could be the date to establish a fee for Service, if, indeed, the Board decided to establish such a fee. Staff has provided Attachment 2, Considerations for Charging for Service, to assist with the discussion for the August 17, 2016 BOCC meeting, and includes: A background/summary of the and funding sources for other similar programs in Florida, and options and considerations for Background on the Former Mobile Pumpout Service in Key Largo, which describes the former County pumpout program that was run internally, and describes the issues and considerations related to charging for that previous service. -17 (note that DEP has indicated that the Legislature is providing funding to help offset the cost to Monroe County and eliminate the need to charge customers). Additionally, CVA is providing $172,350 in grant funding to help provide for the full cost of the Service (totaling $729,800). Both agreements will be retroactive to July 1, 2016. Due to the changes in funding sources and levels for the Service, the Pumpout Service Agreement will need to be amended to reflect funding sources and where the quarterly payments to Pumpout USA will be made from, and to ensure synchronization of beginning and ending dates among the agreements. Staff has provided information in Attachment 2 that includes the above-described funding for the next year of Service, as well as future funding options including charging for the Service. All three agreements (DEP, CVA and Pumpout USA) have been provided in the Board agenda (following this discussion item) for consideration of approval. PREVIOUS RELEVANT BOCC ACTION: October 2011- Denial of resolution to eliminate $5 charge for Key Largo pumpout service March 2012- Approval of recommendation to eliminate $5 charge for Key Largo pumpout service December 2012- Approval of Agreement with Pumpout USA March 2013- Approval of Amendment No. 1 to the Agreement with Pumpout USA July 2013- Approval of Amendment No. 2 to the Agreement with Pumpout USA September 2014- Direction to amend the Agreement extending service for two additional years November 2014- Direction to send a letter to CVA requesting sufficient funding to the Contractor December 2014- Approval of Amendment No. 3 to the Agreement with Pumpout USA January 2015- Approval of Amendment No.4 to the Agreement with Pumpout USA March 2015- Approval of Amendment No.5 to the Agreement with Pumpout USA November 2015- Approval of Amendment No.6 to the Agreement with Pumpout USA CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends not charging for pumpouts. DOCUMENTATION: 4EGOIX4K - Attachment 1- original Agreement for pumpout service Attachment 2- Considerations for Charging for Service Attachment 2b- communication from DEP regarding charging Attachment 3- Amendment No. 6 to Agreement Attachment 4- Background on the Former Mobile Pumpout Service in Key Largo Attachment A- Oct 19, 2011 BOCC minutes Attachment B- March 21, 2012 BOCC minutes FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match : Insurance Required: Additional Details: REVIEWED BY: Mayte Santamaria Completed 07/31/2016 2:28 PM Assistant County Administrator Christine Hurley Skipped 07/31/2016 2:27 PM Peter Morris Completed 08/01/2016 10:33 AM Jaclyn Carnago Completed 08/01/2016 10:36 AM Budget and Finance Skipped 07/31/2016 2:26 PM Maria Slavik Skipped 07/31/2016 2:27 PM Mayte Santamaria Completed 08/01/2016 11:14 AM Kathy Peters Completed 08/01/2016 11:29 AM Board of County Commissioners Pending 08/17/2016 9:00 AM 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -E 4EGOIX4K -F Mobile Vessel Pumpout Program- Considerations for Charging for Service Background/Summary of the Pumpout Service Agreement (Agreement ) Monroe County contracted with Pumpout USA (Contractor) to provide mobile vessel pumpout service in the unincorporated areas of the Florida Keys, beginning January 1, 2013. The original Agreement provided for free pumpout service to boaters at anchor and at marinas (with priority given to marinas without pumpouts), with a target quota of 1300 pumpouts per month at a cost of up to $340,200 to the County in the first year (see Pumpout Service Funding table below). The The County cost is cost per pumpout to the County in 2013 (based on the quota) was $21.80. paid from County Boating Improvement Funds (BIF) which is derived entirely from recreational vessel registration fees . The Agreement required continuous, sufficient funding assistance from the Department of Environmental Protection (DEP) Clean Vessel Act (CVA) Program to help provide for the full The CVA Program receives funding through the U.S. Fish & cost of the pumpout service. Wildlife Service (Sportfish Recreation Account), which is generated from boaters and  anglers through excise taxes paid on fishing tackle and motorboat fuels The funding level from CVA in 2013 was $494,802 and the combined cost (CVA - County) was $835,002 which translates to $56.40 per pumpout. In the third year of service (2015), the County increased its service cost to $379,800 annually, based on an increase in the quota to 1500 pumpouts/month, while CVA funding awards to the Contractor were significantly reduced (however that reduction was partially offset by a $100,000 State appropriation). This resulted in a reduced combined funding level of $686,336 and a reduction in the total cost per pumpout to $41.14. Pumpout Service Funding Calendar Maximum Pumpout Quota Average Cost Funding Source Year Funding Level (per month) Per Pumpout County: $340,200 $21.80 2013 $494,802 1300 $34.60 CVA Award: (began Feb) $56.40 Total: $835,002 County: $329,223 $21.10 2014 $34.60 CVA Award: $539,825 1300 Total: $869,048 $55.70 County: $367,156 $22.80 Legislative Funding: $16,667 $18.34 1300 (Jan-Mar) (from 100k)(11-1-15 to 12-30-15) 2015 (combined state) 1500 (Apr-Dec) CVA Award: $302,514 Total: $686,337 $41.14 $189,900 County: (1-1-16 to 6-30-16) $12.15 $28,725 County: (7-1-16 to 12-31-16) Legislative Funding: $83,333 2016 1500 (from 100k) (1-1-16 to 6-30-16) (projected) $28.39 Legislative Funding: $250,000 (combined state) (from 500k) (7-1-16 to 12-31-16) CVA Award: $177,842 Total: $729,800 $40.54 4EGOIX4K -F Considerations for Charging Customers On March 18, 2015, the Board approved a new two year Agreement for pumpout service (Service), and directed staff to begin thinking about charging for the service, subsequent to the end of the Agreement term (March 31, 2017). On September 16, 2015, during a discussion item on the pumpout service, staff reported to the Board that future CVA grants would be provided directly to the County rather than the Contractor. Staff indicated concern that if fees are collected it may cause a significant reduction in participation in the program, as well as an increase in the overall cost of the program due to the collection and administration of fees, thereby negatively impacting water quality. The Board asked how other mobile pumpout services around the State fund their programs. The following table provides information from mobile pumpout programs throughout the State, and how the programs are funded. Most of the mobile pumpout programs provide free pumpout to all users. Others are free to mooring field users, and charge $5 for anchor-outs. Only the City of Ft. Myers Beach charges more than $5 (currently $15), but they are pursuing CVA grant funds so they can reduce the fee to $5. The City of Marathon is the only locality to perform more than 200 pumpouts per week (other than Monroe County). Martin County is the only other locality to serve an entire County. As of November 1, 2015 the CVA Program did begin providing grant funding for the Service directly to the County, and the Board approved a CVA grant contract for $250,000 (running through October 31, 2016) and a legislative appropriation of $100,000 (running through June 30, 2016). At that same time the Board approved Amendment No.6 to the Agreement with Pumpout USA, to reflect the same beginning and ending dates for the Service as the CVA grant contract (ending October 31, 2016), with the option to extend the Service for an additional two year term. The Board also indicated that it would consider establishing charges for the service subsequent to the expiration of Amendment No.6. The State approved an appropriation of $500,000 for the Service as of July 1, 2016. In addition, the DEP has provided a CVA grant of $229,800 for the Service as of July 1, 2016. Those funding sources would cover an entire year of Service at the current annual cost of $729,800 (with the exception of a required 25% match for the CVA grant). 4EGOIX4K -F Mobile Vessel Pumpout Services in Florida Associated Associated No. of with with public Service Location Funding Sources Service Area Vessels public mooring Charge Served marina? field? 52% County BIF Monroe 14% Leg. No No Free Keys-wide 1800/month County appropriation, 34% CVA County Martin 75% CVA waters and No No Free 84/week County 25% local government Stuart mooring field Crystal 100% local not No No $5 City waters River government available City marinas, private docks 75% CVA Clearwater Yes No Free & marinas, 20/week 25% local government and anchored out vessels City marina Panama 75% CVA Yes No Free and anchor-20/week City 25% local government outs Included in mooring fee, Mooring field Ft.Myers No Yes $15 for info not available and all City 60/week Beach anchored waters. vessels St. 75% CVA not Yes Yes Free City waters Augustine 25% local government available Free- included Dinner Key 75% CVA Miami Yes Yes in mooring marina & 60/week 25% local government and slip fee mooring field Free- included in 75% CVA Boot Key Marathon Yes Yes mooring/slip 280/week 25% local government Harbor fee, $5 for all other vessels Free- included 50% CVA Mooring field Sarasota Yes Yes 8/week in mooring fee 50% local government only Free- included Mooring field St. in 100% local Yes Yes and marina 200/week Petersburg mooring/slip government only fee Free- included Mooring field 50% CVA Titusville Yes Yes in mooring and marina 10/week 50% local government and slip fee only City marina Punta 75% CVA Yes Yes Free and anchor-50/week Gorda 25% local government outs Free- included 100% local mooring field Key West Yes Yes 40/week in mooring fee government only marina and Vero Free- included 100% local Yes Yes mooring field 80/week Beach in mooring fee government only 4EGOIX4K -F The Pumpout Service is one of the significant achievements of the County, by reducing the illegal discharge of sewage from vessels and assisting boaters in complying with regulations of the federal No Discharge Zone in the Florida Keys. Currently the Service performs an average of approximately 1800 pumpouts per month (with a quota of 1500 pumpouts per month) removing and disposing of approximately 25,000 gallons of sewage monthly. The greatest issue with charging a fee is reduced participation and effectiveness of the pumpout program; however, logistical issues also exist including fee collection and administration. The fees would either be collected by the Contractor, or a system could be developed by which boaters go into a County office and prepay for pumpouts (eliminating involvement by the Contractor in handling money), or other system. If the Contractor collects the fees it will create a logistical issue of the boater having to be on the boat for the pumpout (which is not typically the case), and the Contractor would likely increase his cost per pumpout to cover the additional work. If the County collects the fees it will require additional staffing to administer the fee collection and issuance of some type of token (or other) for the boater to receive pumpout/s. Additional considerations for charging should include: Decreased participation will result in increased sewage discharged into the water Cost per pumpout is approximately $40, with the County covering $12 of the $40 (based on the approval of new State funding). The remaining cost of the Service is currently subsidized by the State (2016). State funding initially paid for approximately 59% of the program funding (with Pumpout USA being the grantee). State funding was then reduced in 2015 providing for approximately 44% of the cost. State funding has substantially increased in 2016 and currently may pay for 70% of the program funding (with the County being the grantee). Current CVA funding runs through June 30, 2017 (based on the approval of new State funding). While certain residents on land have concerns with the free service, boat owners and anglers (who pay for the program through vessel registration, and excise taxes paid on fishing tackle and motorboat fuels) have not commented. Charging customers of the service would require collection of fees, creating logistical issues and potentially increasing the cost of the Service. Monroe County is one of five participants in the Anchoring and Mooring Pilot Program established by F.S. 327.4105, which provides the authority for the Monroe County Anchoring and Mooring Ordinance No.009-2013. The Ordinance, approved by the FWC which administers the Pilot Program, is based on the provision of free pumpout Service, helping to ensure participation and compliance in managed anchoring zones implemented by the Ordinance. The Ordinance, and the FWC Anchoring and Mooring Pilot Program, will expire July 1, 2017 (unless extended by the Legislature). CurrentManaged Anchoring Zone, within which proof of pumpout is required. If fees are charged for pumpout 4EGOIX4K -F service a reduction in compliance with the proof of pumpout requirement regulation is anticipated. The description of the need to provide free pumpout service is provided in the following Whereas in the recital of the Ordinance: WHEREAS , it is the intention of the Monroe County Board of County Commissioners to optimize the incentive for vessel owners, who contribute to Boating Improvement Funds through vessel registration fees and contribute to DEP Clean Vessel Act Program funds through marine fuel taxes, to properly pumpout and comply with existing sewage discharge regulations within the federal No Discharge Zone in the Keys, by providing free pumpout service to vessels located in managed anchoring zones and which are served by the County pumpout program. Funding for the Next Year of Pumpout Service: Based on the legislative allocation of $500,000 for the pumpout service, and available CVA funding and funds budgeted from BIF, the following is provided for funding the Pumpout Note that the DEP has indicated that Service for the next year (July 1, 2016 June 30, 2017). the Legislature is providing funding to help offset the cost to Monroe County and eliminate the need to charge customers. Pumpout Service Annual Cost= $729,800 Funding Available: $500,000 + $229,800 = Need met (Legislative appropriation) (75% CVA / 25% BIF) Funding forJuly 1, 2016 through June 30, 2017 provides for the annual cost of the service, with the only cost to the County coming from BIF to provide for the 25% CVA match ($57,450). The by $322,350. Funding/Charging Options for Future Years of Service: Legislative appropriations for funding assistance for the Pumpout Service were provided for in . While the County will continue to pursue legislative appropriation legislative funding may not be relied on for future years of Pumpout Service. Future appropriations may include the same restrictions on charging. Staff has provided options for funding for the Service beyond the next year (to decrease subsidizing the Service) based on various customer charging levels. Any difference between the annual cost of the service and funds generated from charging could be provided by CVA and/or BIF. 4EGOIX4K -F Options for Charging for Pumpout Service Boaters Option/Fee Pros Cons Pay? Requires fee collection and administration; may increase Generate $90,000 per year total cost of pumpout program $5 charge typically allowed by CVA Results in increased program cost, staff time, or both Option 1 Charge $5 Would cause some reduction in participation; sewage potentially dumped into nearshore waters 88% of service cost would continue to be subsidized Requires fee collection and administration; may increase Generate $180,000 per year total cost of pumpout program $10 charge requires approval by CVA Results in increased program cost, staff time, or both Option 2 Charge $10 Would cause more reduction in participation; sewage potentially dumped into nearshore waters Boaters 75% of service cost would continue to be subsidized pay fees: both a CVA may not allow fee; County would pay unmet costs reg. fee Requires fee collection and administration; may increase and a Generate $360,000 per year total cost of pumpout program pumpout Covers approx. half of the total cost Results in increased program cost, staff time, or both fee Would cause significant reduction in participation; sewage Option 3 potentially dumped into nearshore waters Charge $20 50% of service cost would continue to be subsidized No CVA funding provided County would continue to pay unmet costs Requires fee collection and administration; may increase Generate $720,000 per year total cost of pumpout program Covers approximately the total cost Results in increased program cost, staff time, or both Option 4 Charge $40 Service would no longer be Participation in the program would be near zero; sewage subsidized potentially dumped into nearshore waters No CVA funding provided Note that when receiving CVA funding, any customer charges would require approval by USFWS (which prefers no pumpout charges). Typically CVA (and USFWS) does allow a $5 charge, but would have to provide approval for such a charge (or additional charges). Also CVA policy requires that any funds generated from customer charges be deducted from grant reimbursements. For example, if the County receives a CVA grant for $365,500 (half the annual cost of the Service) and generates $365,500 in customer charges, the County would receive $0 in CVA reimbursement. 4EGOIX4K -G Jones-Rich From:Wood, Rebecca <Rebecca.Wood@dep.state.fl.us> Sent:Friday, June 10, 2016 12:01 PM To:Jones-Rich Subject:!RE: upcoming $500,000 appropriation... Attachments:Proposed Monroe County calculations by Agreement FY16-17.xlsx Hi Rich, To answer your questions from your last correspondence just prior to vacation: 1.Monroe County should not charge for pumpout service on the $500K line item appropriation. 2.Monroe County can charge for pumpout service in the maximum amount of $5/pumpout in a CVA agreement; however, the total amount collected must be deducted from the total reimbursement sought. 3.DEP may only release the funds from the $500K line item appropriation on a quarterly basis. ($125,000/quarter) 4.Monroe County may continue to provide the same level of service as in previous contracts (4,500/quarter or 18,000/year) In order to meet the needs of Monroe County and to make the accounting process as easy as able, I’ve attached a spreadsheet outlining DEP’s thoughts.Basically, we will have to separate, non-contingent agreements in place.The first for the $500K line item appropriation will be a standard two-party contract in which you will submit an invoice for the pumpouts performed at a fixed cost and will include the Return on Investment requirements set forth by the Governor’s Office like last year. The second will be a CVA (75%/25%) reimbursement grant agreement in which receipts will be required for reimbursement. The current CVA agreement in place would be terminated to allow for broader scope of work language so we do not bind the ability to reimburse based on captain salaries, etc.Please take a look and let me know if we can walk through it together when you are back in the office next week.I have already started drafting both th agreements and anticipate we can get out to you in time for the July 20board meeting (assuming we follow each other’s train of thought). Have a great weekend! Rebecca Wood Program Coordinator, Office of Operations Carr Building, Room 301E rebecca.wood@dep.state.fl.us Office: 850.245.2314 . Please take our Customer Survey to provide feedback on our services!Select “Office of Operations” for my DivisionDEP Customer Survey From:Jones-Rich [mailto:Jones-Rich@MonroeCounty-FL.Gov] Sent:Thursday, June 09, 2016 6:22 PM To:Wood, Rebecca <Rebecca.Wood@dep.state.fl.us> Subject:Re: upcoming $500,000 appropriation... Hey. Lennie had mentioned using the 500k then using the cva funding which seemed to make sense.Let me know your ideas. Thx, rich 1 4EGOIX4K -G Sent from my iPhone On Jun 9, 2016, at 3:53 PM, "Wood, Rebecca" <Rebecca.Wood@dep.state.fl.us> wrote: Rich, I’m actually meeting with Lennie this afternoon todiscuss. I’ll be in touch again before I leave this evening.I anticipate we could have the draft to you before June 20. One quick question, do you want to enter into a separate CVA contract from the $500K which of course would require 25% match? I believe I have a solution that could keep the two independent of each other, but would cover your cost of $729,800 per year for the program. Rebecca Wood Program Coordinator, Office of Operations <image001.png> Carr Building, Room 301E rebecca.wood@dep.state.fl.us Office: 850.245.2314 Please take our Customer Survey to provide feedback on our services!Select “Officeof Operations” for . my DivisionDEP Customer Survey From:Jones-Rich [mailto:Jones-Rich@MonroeCounty-FL.Gov] Sent:Thursday, June 9, 2016 2:29 PM To:Leonard, Brenda <Brenda.Leonard@dep.state.fl.us> Cc:Santamaria-Mayte <Santamaria-Mayte@MonroeCounty-FL.Gov>; Morris-Peter <Morris- Peter@MonroeCounty-FL.Gov>; Hitchins-Celia <Hitchins-Celia@MonroeCounty-FL.Gov> Subject:RE: upcoming $500,000 appropriation... Hey Brenda-any word on the $500,000 legislative money for the pumpout project??And info would be appreciated. I’ll be back in the office Monday, but my director is asking me if we need to put and agenda item on the July BOCC agenda.My guess is that you won’t have anything in time (I would need a contract by June th 20or so), but wanted to see. Thx, Rich Jones From:Hurley-Christine Sent:Wednesday, June 08, 2016 3:30 PM To:Jones-Rich Cc:Santamaria-Mayte; Morris-Peter; Hitchins-Celia Subject:RE: upcoming $500,000 appropriation... Is anything going to be on the bocc agenda for this for July? From:Jones-Rich Sent:Friday, March 18, 2016 4:42 PM To:Hurley-Christine Cc:Santamaria-Mayte; Morris-Peter; Hitchins-Celia Subject:upcoming $500,000 appropriation... 2 4EGOIX4K -G Christine-as per our conversation a few moments ago regarding issues we’ve encountered with our current $100,000 contract (which was provided by, and is administered by CVA), Peter Morris and I will work towards trying to have the upcoming contract with the State for the $500,000 appropriation for pumpout services in FY’16-17 be administered by a non-CVA office of DEP. Thanks, Richard Jones Righ t- click here to dow nloa d pictu res. To hel… Righ t- click here to dow nloa d pictu res. To hel… 3 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -H 4EGOIX4K -I Background on the Former Mobile Pumpout Service in Key Largo Prior to contracting for Keys-wide mobile vessel pumpout service, the County operated a mobile vessel pumpout service in Key Largo (Service). That Service ran from 2005 through January 2013, and included one pumpout vessel and one pumpout captain. The Service faced many challenges including inclement weather, proper staffing, fee collection, vessel/equipment breakdowns, and low participation levels. One of the primary logistical issues with the Service was the collection of the $5 fee, which was established at the implementation of the Service. After recognizing the difficulties associated with the fee collection, including vessel occupants not being on their vessel at the time of the pumpout, staff took agenda Item H-14 before the Board at its October 19, 2011 BOCC meeting recommending to eliminate the fee. The recommendation was unanimously denied (see Attachment A). During late 2011 and early 2012 Commissioner Murphy held a series of working group meetings with enforcement agency representatives, staff and other interested parties to address increasing liveaboard boater/anchorage issues in the Key Largo area. During those meetings the participants discussed difficulties with the Service and lack of participation by many liveaboards. The group members identified the following elements related to the Service and the need to improve the Service by eliminating the $5 charge: 1-Boaters pay marine fuel taxes- a portion of which goes to USFWS, t Clean Vessel Act Program, which then goes to the County to offset costs of the pumpout program. 2-Boaters pay registration fees- a portion of which goes to Boating Improvement Funds, which is used by the County to offset the costs of the pumpout program. 3-Eliminating the $5 pumpout fee- optimizes participation in the program. Many boaters will not get a pumpout if there is any fee at all. 4-Administration of the $5 pumpout fee- is staff resource intensive and has to be accounted for (goes through several hands and requires documentation at several points in the process). 5-Exchanging the $5- is not practical as often the person is not on the boat, and leaving $5 in a ziplock bag sometimes has unintended consequences (the money is sometimes taken). 6-Safety- it is not safe for the pumpout operator to carry money on the pumpout vessel. 7-USFWS prefers that there is no fee- the CVA program administrator has indicated that the USFWS prefers that the pumpouts are free, but they allow us to charge $5. 8-Other pumpout programs in the state- indicate that having no fee optimizes participation, and greatly reduces administrative costs. Commissioner Murphy took those concerns before the Board at its March 21, 2012, BOCC meeting (Item M-8) for discussion and asked for approval to eliminate the $5 pumpout fee. The agenda item backup indicated the above list of elements, and the agenda item background indicated that the information may change the direction of the Board regarding having a pumpout fee. The agenda item was approved 3-2 (see Attachment B) and the County immediately stopped 4EGOIX4K -I charging for the Service. Participation in the Service did increase immediately, as indicated in the below graphs. During period of $5 pumpout charge: (note that the pumpout vessel was out of service from Sept-Dec 2011) One year later with no pumpout charge: While the increase in participation indicated above may have been affected by additional factors, the data does support the concern that charging for pumpouts significantly reduces boater participation. 4EGOIX4K -J 4EGOIX4K -J 4EGOIX4K -J 4EGOIX4K -K 4EGOIX4K -K 4EGOIX4K -K 4EGOIX4K