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Item M16 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 21 Mav 2003 Division: Growth Management Bulk Item: Y es ~ No Department: Marine Resources AGENDA ITEM WORDING: Approval of a Resolution to rescind the attached "Policy and Procedure for Expenditure of Boating Improvement Funds" in favor of the general Policies and Procedures as adopted in Administrative Instruction 4801.5 or it predecessor. ITEM BACKGROUND: At the September 17, 1997 BOCC meeting a Policy and Procedure (P&P) was approved for expenditure of Boating Improvement Funds. The reason for this new procedure was to recognize changes in State Statutes which would provide BIF funds directly to Counties, rather than through FDEP and then to Counties, as had been the procedure in the past. The P&P references review of proposed projects by the Marine and Port Advisory Committee (MP AC) and indicates that all projects must come through the Board for approval by Resolution. First, this P&P has never been followed to the letter until recently. Second, it implies that something as simple as the expenditure of funds for the removal of marine debris ($50 to $100), paid typically as a "tipping fee" at the County land fill, must be approved by the Board by Resolution. By rescinding the attached Policy and Procedure and utilizing Administrative Instruction 4801.5 as is done for all other procurement in the County, expenditure of the fund may be audited and will make administration much simpler. PREVIOUS RELEVANT BOCC ACTION: September 17, 1997 CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS; Approval TOTAL COST: NA COST TO COUNTY: NA BUDGETED: Yes SOURCE OF FUNDS: No REVENUE PRODUCING: Yes APPROVED BY: County Atty ~ DIVISION DIRECTOR APPROVAL: No ~ AMOUNT Per Month Year DOCUMENTATION: Included X To Follow DISPOSITION: Risk Management /'?/~ AGENDA ITEM NO.: BC0305120 04/28/03 4:07 PM Marine Resources RESOLUTION NO. 2003 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS RESCINDING THE ATTACHED POLICY AND PROCEDURE FOR EXPENDITURE OF BOATING IMPROVEMENT FUNDS IN FAVOR OF THE GENERAL PURCHASING POLICY ADOPTED IN ADMINISTRATIVE INSTRUCTION 4801.5 AND/OR ITS PREDECESSOR. WHEREAS, adopting Policies and Procedures which are uniform for all purchasing is desirable, and WHEREAS, the Policy and Procedure for Expenditure of Boating Improvement Funds (attached) does not conform to the current Purchasing Policy and Procedure as adopted in Administrative Instruction 4801.5 and/or its predecessor, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA THAT: 1. The attached Policy and Procedure for Expenditure of Boating Improvement Funds as approved by the Board of County on September 17, 1997 is hereby rescinded; and 2. The procurement process for the expenditure of Boating Improvement Funds will adhere to the current Purchasing Policy and Procedure as approved in Administrative Instruction 4801.5 and/or its predecessor. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 21st day of Mav . A.D., 2003. Mayor Pro Tem Dixie Spehar Mayor Pro Tem Murray Nelson Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner David Rice BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA BY: MAYOR/CHAIR PERSON (SEAL) ATTEST: DANNY 1. KOLHAGE, CLERK BY: DEPUTY CLERK APPROVED AS TO FORM AND ~ : ATTORNEY'S OFFICE /' Res BIF PurchPolicy030429 04/28/035:11 PM BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9-1 R-97 Division:J:omDmnity Services Bulk Item:YES-X- NO_ Department: Marine Projects . AGENDA ITEM WORDING: Approval of the Policy Statement for the administ:-an:::-:. of the Boating Improvement Funds. ITEM: During the 1996 session, the Florida Legislature enacted Chapter 96-321, Laws of Florida, which changed the manner in which DEP administers the Boating Improvement Funds. This policy outlines guidelines fc,r the administration of these funds. ' PREVIOUS RELEVANT BOCC ACTION: None ST AFF RECOMMENDATION: Approval TOTAL COST: N/A BUDGETED: COST TO COUNTY: Staff Time Only 100% GRANT FUNDING REVENUE PRODUCING: YES NO...x..... AM~~. PER MO._YEAR APPROVED BY:COA TTY _XJ)~5C.H:'-~INGL'1--~.. :~AN A GliMENT jUA T.~~~~"-':--"'~.~ ~(,r<v ~ ,r DIVISION DIRECTOR APPROVAL: 0 '" \..JV' -' . J ,. DOCUMENTATION: INCLUDED:~ TO FOLLOW: NOT REQUIRED: DlSPOSITION:J,Lekl ~m - - .---- ......-' i i t .J , ~.d vvSv-~6~-SOE u~wp~ OJ s~~aqo~ l sawer dIO:';C: STR_DOCUMENT_ VIEW Page 2 of3 5~. 11~ )111- ==-- ------ 971 -------- ~r.n.fer at Fundi. (Schedule I'tem Number 10) R.SOLVfZOB .0. 311-1.'7 See Res. Book No. 135 which is incorpora't8d hare in by refe Board adopted the tOllawinq ReSolution conc.rni~ rranster of 7unds. (Schedule Item NUmbe: 11) AISOLUTION Mo. 311-1"7 See Re.. Book No. 135 which 1. incorporat.d nerein by ref8. Board gran'ted approval of a 36-mon'tb lea.. .9r8~ ~.tw..n Monroe County and Xerox for. copier/t8x/printer fl Information Systems Department. Board granted approval and author1ze~ execution 4 Amendment 002 'to 1996-97 USDA Rate Agreement Contract IUs-~ between the Monroe County NUtrition Program and the Al11anc AlJinq, .Inc. Board qranted approval and authorized execution c Rate Aqreement IU8-851 between the Mon~oe County Nutrition Program and the Alliance tor Aging, Inc. 80ard vranted approval an~ authorized execution C renewal to the Contract Agr.ement between Monroe County and DiYer.itie~ Service. co" Ino. to provide janitorial Bervic the key West Library. Board granted approval an~ authorized execution 0 renewal the contract Agreement between Monroe Coun~y an4 L Dependable Janitorial, Inc. to provide janitorial sarvlca f 8ig Pine, Marathan, .Islamora4a and Key Larqo Libraries. Board granted approval of the Policy and Proce4ur, ll)Cpenditure of Boa1:ing ImprovemClt 1"unE!& for the adm1n1stra. of the Boa~ing Improvement Pund.. Board adQpt.~ the followinq Resolution and author; execution ot a Contract Aqreement between Monroe County and American Underwater Contraotors fer the reinltallation ot t: ~UOY8 at Smathere Beach, Key West and tna 1netallation of tl new buoy. at Jolly Roqers in the amount of $4,780. Ra8~U~IO. XO. 317-1'97 See Res. Book No. 135 which 1. incorporated herein by reter. Board gran'ted approval and au'tboriZ8d execut!gn af Federal Aviation Administration Grant ':J-1~-nn~.4_1~D" ~_.... -.. -- - - - .. http://www.minutes-monroe-c1erk.comlweblink/Doc View .asp ?DocumentID= 13 7 5&F old... 03/24/2003 :=:~5/~0133 113:55 313529535513 CLERK OF COURT PAGE 132/133 <S~~.~ ... Policy and Procedures for Expenditure of Boating Improvement Funds E~: . It is the policy of the Monroe County Board of Commissioners that Boating Improvement Funds be used for the sole purposes of providing recreational channel marking and public launching facilities and other boatlng-related activities, for removal ~-- vessels and floating structures deemed a hazard to public safety and health for failure to comply with F.S. 327.5~" and for manatee and marine mammal protection and ~~~~overy. Up to 30% of each yeelr's allocation may be used to fund a temp_Qrary st~ff ~:'l P Jsition dedicated solely to plan~,ing and/or implementing boating improve~nt ~ ~~ projects. __; I:'.'. ---; -I 1 C) ....1 .) : .J .8ac~ground: '._. -n ,.'1 :=o:-ida Statute 327.25 provides that a portion of the funds received from ~ ~:; ..". r:.;> .'; n :mcommercial boat license fees be returned to County govMQments to fu~~~ b~~ting:) --i 1r.'provement projects. In the pas,t, these fees went to the Florida Boating lm'proven1e>nt ..- '>ogram within the Florida Department of Environmental Protection (DEP). Counties would then apply to OEP for funds in the fcrm of grants to fund individual projects. .. During the 1996 session, the Florida Legislature enacted Chapter 96-321, Laws of Forida, which changed the manner in which DEP administers the funds. The intent of tt'e change is to allow counties direct access and administration of the funds. OEP will ':"JW distribute the funds directly to each county on or about the end of each State fiscal \'"~2i. Ti,erefore, Monroe County will now receive these Boating Improvement Funds (BIF) on :' ;:bout June 30 of each year. The funds are a portion of the fees collected from r"t)ncommercial boats which registered in Monroe County during the previous State f:;Ga: year. .~ ''J~dures: Proposed projects to be funded by Boating Improvement'Funds will be reviewed by staff and by the Marine and Port Advisory Committee (MPAC) for eligibility and merit. o Proposed projects approved b)' MPAC will be forwarded for approval to the Board of County Commissioners. This will be in the form of a resolution to Identify and reserve funding for the project. o Staff may choose to bring a pmposed project directly to the Board of County Sommissioners without MPAC review if the project is time dependent and would be greatly d~layed by waiting for rf~view at one of the quarterly meetings of the MPAC. :::;/:003 HI: 55 3052953660 CLERK OF COURT PAGE 03/03 " Page 2 S F Policy and Procedures . A separate account will be $et up for each project approved by SOCC with funds transferred from the main Boating Improvement Fund account. , Staff will determine whether it is necessary to use a portion of the yearly allocation to fund a temporary staff position to assist in carrying out approved projects. If so, they will make such a recommendation to the MPAC and then to the SOCC. Up to 30% of each year's allocation may he used for this purpose. · The site of a proposed land-belsed development project shall be dedicated for public recreational use. If owned by the County, the project site must be dedicated in perpetuity. There shall be a dl:!dication which shall extend for a minimum period of twenty-five years after project ,::ompletion if control of the site is by lease, permit, management agreement or other similar instrument. The qedication shall be recorded in the public property records. · ?!\SSED AND ADOPTED by the Board of County Commissioners of Monroe County, F,orida, at a regular meeting of suid Board held on 17th day ofAeptembeA..D., 1997. MAYOR Keith Douglass COMMISSIONER Shirley Freeman COMMISSIONER Jack London COMMISSIONER Mary KclY Reich COMMISSIONER Wilhelmina Harv~y yes yes yes yes yes NERS -~~J.o 0 C bJOJ !J~ Clerk I .