Item H16
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARy
Meeting Date: March 17, 2004
Division: Growth Management
Bulk Item: Yes X
No
Department: N/A
AGENDA ITEM WORDING: Approval of a resolution rescinding Resolution 345A-1999 and re-
authorizing the Environmental Restoration Fund as the Environmental Land Management and
Restoration Fund.
ITEM BACKGROUND: The BOCC approved the creation of an Environmental Restoration Fund
(Fund 160) in July 1999 by adopting Resolution 345A-1999. Unfortunately, the revenue sources for
this fund are limited and the language extremely vague about the purposes to which the revenues can
be used.
With the increasing number of acres which the County will be acquiring through purchase or
dedication for resource conservation and protection purposes, the County needs to have dedicated
revenue sources for land management activities. The existing name of the fund and purposes for use of
the revenues deposited in Fund 160 do not specifically authorize the use of the funds for land
management activities.
In the attached resolution, the staff proposes that the Fund would be re-authorized and entitle the
"Monroe County Land Management and Environmental Restoration Fund". In the proposed resolution
the list of revenue sources for dedication to the fund are expanded to include fees from after-the-fact
permits and for wetlands mitigation authorized under a proposed ordinance amending Chapter 6
(Building Code) and future amendments to Chapter 9.5 (Land Development Regulations) that would
address legal and illegal clearing and filling (For information purposes, a copy of Resolution 345A-
1999 is included.)
PREVIOUS RELEVANT BOARD ACTION: Adopted Resolution 345A-1999 on July 22, 1999.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: N/ A
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: N/A
AMOUNT PER MONTH
Year
DIVISION DIRECTOR APPROVAL:
Risk Management N/ A
APPROVED BY: County AttY1L-
DOCUMENTATION:
Included X
To Follow Not Required_
'AGENDA ITEM # \i \ {p
DISPOSITION:
MAR-01-04 14,42 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE
1/2
RESOLUTION
-2004
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RESCINDING RESOLUTION 345A-1999 A.~D
REAUTHORIZING THE ENVIRONMENTAL RESTORATION
FUND AS THE ENVIRONMENTAL LAND MANAGEMENT A.~D
RESTORATION FUND, AN ACCOUNT WITHIN THE BUDGET
OF THE MONROE COUNTY, MUNICIPAL SPECIAL TAXING
DISTRICT
WHEREAS, the Board of County Commissioners adopted Resolution 345A-1999, on July 22~
1999, establishing a special revenue fund, called the Monroe County Environmental Restoration Fund
[Fund 160], hereinafter called the "Fund"; and,
WHEREAS, Resolution 345A-1999 authorizes revenues for the Fund to come from various
sources, including fees collected for plant transplantatio~ filling of disturbed salt marsh and
buttonwood wetlands, payment of fees in lieu of plant stock, and environmental fines; and,
WHEREAS, Resolution 345A-1999 limits these funds to environmental restoration and
improvement purposes set forth in the Monroe COlmty Comprehensive Plan and Land Development
Regulations; and,
WHEREAS, the Board of Commissioners has designated large areas in unincorporated
Monroe County for public acquisition of environmentally sensitive lands and resources; and,
WHEREAS, the restoration and management of these lands for conservation and natural
resource protection purposes will require increased funding as the number of acres WIder County
o\Wership will be significantly expanded to implement Goal 105 of the Comprehensive Plan; and,
WHEREAS, the content of Resolution 345A-1999 regarding funding sources is limiting and
the language governing the use of the funds too vague for effective and efficient administration of this
fund; NOW THEREFORE
BE IT RESOL \lED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that:
Section 1:
Resolution 345A-1999 is hereby rescinded.
Section 2: The Special Revenue Fund, called the Monroe County Environmental Restoration Fund.
created by Resolution 345A-1999, is hereby fe-authorized as the Monroe County Environmental Land
Management and Restoration Fund.
.
Section 3: The following revenues shall be deposited in the ~onroe County Environmental Land
Management and Restoration Fund [Fund 160], hereinafter called the '''Fund'':
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MAR-01-04 14,42 FROM,MONROE COUNTY ATTY OFFICE ID,3052923516
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1. Mitigation fees paid by landowners for placing fill in wetlands and clearing of sites
pursuant to Chapters 6 and 9.5, Monroe County Code;
2. Restoration or transplantatiQn fees paid in lieu of plant stock by landowners pursuant to
Chapter 9.5, Monroe County Code.
3. All monies collected by the Growth Management Division tlu-ough civil law suits,
consent agreements, or after-the-fact clearing or filling permits, except for penalties and
administrative CQsts, required to' mitigate the environmental damages to' wetlands, tree
or hammock resources.
4. Any fmes levied for unlawful clearing and filling of environmentally sensitive lands
fOllild by the special master to' be irreparable or irreversible in nature.
5. Any fine for an environmental crime when such fme is ordered by the sentencing court
to be paid into the fund.
SectiOD 4: In addition to the revenue described in Section 3 above, the Fund may also accept
grants, donations, gifts, and revenue appropriated or transferred to the Fund by the County
Commission from any la\\-fully available source.
Section 5: The revenue deposited in the Fund may only be used for restoration and management
activities of public resource protection and conservation lands. These activities include, but are not
limited to the following: clearance and removal of debris. waste, and fill; removal of struCUlres or
other improvements required for site restoration; removal of exotics and invasive specie; purchase of
plant and landscaping materials for restoration ef wetlands and upland habitat; installation of plant
materials on site and site restoration; and, the purchase and installation of fences, signs, or other
materials to ensure securing of environmental lands. These funds shall not be used for acquisition Qf
real property or an interest in real property,
Section 6: Fund revenues for the purchases of goods, services, or improvements to real property
shall only be expended according to general law and to the Board of COllilty Commissioners'
Purchasing Policy and applicable purchasing ordinances,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe COWlty.
Florida, at a regular meeting of said Board held on 17[11 day of March 2004.
Mayor Murray Nelson
Mayor Pro Tern David Rice
Commissioner Charles "Sonny" McCQY
Commissioner George Neugent
Commissioner Dixie Spehar
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
OF \10~TROE COUNTY, FLORJDA
By:
Page 2 of1
Mayor/Chairperson
MONROE COUNTY ATT0i1NEY'
R VE FORM:
Deputy Clerk
C: \ TEMP\reso l-en viron _ .doc
FILED FOR RECORD
99 AUG 23 PH I: or
DANt~Y L. KOlHAGE
ClK. CIR. CT.
MOUROE COUNTY. FLA.
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Environmental Resources Department
r. ...
RESOLUTION NO. 345A -1999
A RESOLUTION CREATING THE MONROE COUNTY ENVIRONMENTAL
RESTORATION FUND. AN ACCOUNT WITHIN THE BUDGET OF THE MONROE
COUNTY PLANNING. ZONING AND BUilDING DISTRICT
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FlORIDA:
Section 1.1 (a) There is hereby created a Special Revenue Fund to be
called the Monroe County Environm~ntal Restoration Fund. ~ereafter the Fund.
(b) The following revenues must be deposited in the Fund:
(i) restoration fees paid by landowners developing in disturbed
salt marsh and buttonwood wetlands:
(ii) when the comprehensive plan or land development
regulations require the trcnsplanting of plants, but the County biologist has
determined that the survivability of such plants is low, the fee paid in lieu of such
trcnsplanting:
(iii) when the comprehensive plan or land development
regulations require the furnishing of plant stoel< or a fee in lieu of the stoel<. the
fee paid:
(iv) any fine for an environmentt]! crime when such fine is
ordered by the sentencing court to be paid inta tt.e funrl.
~
~
(c) In addition to the revenue described in subparagraph 1 (b), the
Fund may also accept donations, gifts, and revenue appropriated or ~ranSferred to the
I
i
Fund by the County Commission from ~ny lawfully available source. ,
Section 2.1 (a) The revenue' deposited in the Fund may only be used for
those environmental restoration and improvement purposes set ~-~&..
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....--..--
County Comprehensive Plan, and land Development Regulations.
(b) Fund revenues for the purchases of goods, services or
improvements to real property may only be expended according to general I~ and
to the Board of County Commissioners' Purchasing Policy and the applicable
purchasing ordinances. Fund revenues used for the purchase of real property, or an
interest in re:::l prc;:erty, may only be expended as provided by general law governing
the County's purchase of real property or interests in real property.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 22nd day of
July,
. 1999.
Mayor Wilhelmina G. Harvey
Meyor Pro Tem Shirley Freeman
'Commissioner George Neugent
~ ;. - _~~~ Commissioner Nora Williams
":,! ',;~,,,,:, :~. .~ ',' Commissioner Mary Kay Reich
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,( '(A~:.~~6~~NY L KOLHAGE. CLERK
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,By '~"~/~'G
\~ Deputy Clerk .
ves
yes
yes
,e::;
no
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
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Mayor/Chairman
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APPROVED AS TO FORM
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Re IT N.
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