Item H4
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
May 18, 2022
Agenda Item Number: H.4
Agenda Item Summary #10527
REVISED BACK-UP: Resolution was revised adding theunderlined language to Section 5 (2):
All capital and operating expenses associated with the Land Stewardship staff, including
buildings, office space, and storage space.
BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Beth Bergh (305) 289-2511
NA
AGENDA ITEM WORDING: Approval of a Resolution of the Board of County Commissioners
of MonroeCounty, Florida, rescinding Resolution 112-2004 and Resolution 111-2010, updating
revenue sources and authorized expenses, and re-authorizing the Monroe County Environmental
Land Management and Restoration Fund.
ITEM BACKGROUND: The Monroe County Environmental Land Management and Restoration
Fund (Fund 160) is a Special Revenue Fund that was established by the Board of County
Commissioners by Resolution 112-2004 and later modified by Resolution No. 111-2010. The Fund
is used by the County’s Land Steward for the restoration and management of Monroe County’s
Conservation Lands. The content of Resolution 112-2004 is currently outdated regardingfunding
sources and allowed expenditures.
The restoration or transplantation fees paid in lieu of plant stock by landowners pursuant to Chapter
9.5 (this is an old Section Number), Monroe County Code has been the primary revenue dedicated to
the fund. However, the original resolution anticipated funding sources that were never directed to
the Environmental Land Management and Restoration Fund, including:
Mitigation Fees paid by landowners for placing fill in wetlands and clearing of sites
All monies collected by Growth Management Division through civil lawsuits, consent agreements,
or after the fact clearing or filling permits, except for penalties and administrative costs, required to
mitigate the environmental damages to wetlands, tree or hammock resources
Any fines levied for unlawful clearing and filling of environmentally sensitive lands found by the
special master to be irreparable or irreversible in nature.
Any fine for an environmental crime when such fine is ordered by the sentencing court to be paid
into the fund.
Additionally, Resolution 111-2010 is in need of revision to update permissible expenditures from the
Fund since the County’s Land Stewardship operations have grownin recent years. The proposed
Resolution will rescind the two existing Resolutions and re-authorize the Fund with the necessary
updated language and clarification related to authorized revenues and expenditures.
Expenditures now include: Salaries, Operating expenses, including office space and storage space,
equipment and tools such as vehicles, herbicides, chainsaws, cell phones, etc., clearing of debris,
waste and fill, removal of structures, purchasing and planting of plants and trees, installation of
fences, signs, or other material to ensure security and protection of conservation lands, and survey
work as needed.
PREVIOUS RELEVANT BOCC ACTION:
March 2004 –BOCC approved Resolution 112-2004 which authorized the creation of a Special
Revenue Fund called the Monroe County Environmental Land Management and Restoration Fund
(Fund 160)
April 2010 – BOCC approved Resolution 111-2010 which authorized all costs associated with the
position of the Land Steward for Monroe County to come out of Fund 160
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MCELMR Reso 2022 -DRAFT 4-25-22 (revised)
Resolution 112-2004
Resolution 111-2010
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:
NA
REVIEWED BY:
Christine Hurley Completed 04/25/2022 10:41 AM
Beth Bergh Completed 04/25/2022 2:03 PM
Purchasing Completed 04/25/2022 3:09 PM
Bob Shillinger Completed 04/26/2022 10:01 AM
Budget and Finance Completed 04/26/2022 10:07 AM
Risk Management Completed 04/27/2022 9:53 AM
Lindsey Ballard Completed 04/27/2022 10:28 AM
Board of County Commissioners Pending 05/18/2022 9:00 AM
RESOLUTION NO. -2022
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RESCINDING RESOLUTION 112-2004 AND RESOLUTION 111-
2010, UPDATING REVENUE SOURCES AND AUTHORIZED
EXPENSES, AND RE-AUTHORIZING THE MONROE COUNTY
ENVIRONMENTAL LAND MANAGEMENT AND
RESTORATION FUND, AN ACCOUNT WITHIN THE BUDGET
OF MONROE COUNTY, MUNICIPAL TAXING DISTRICT
WHEREAS, the Board of County Commissioners (BOCC) Resolution 112-2004 authorized the
creation of a Special Revenue Fund called the Monroe County Environmental Land Management and
; and
WHEREAS, the Board of County Commissioners adopted Resolution No. 111-2010 which
authorized all costs associated with the position of the Land Steward for Monroe County to come out of
Fund; and
WHEREAS, the content of Resolution112-2004 is outdated in regards to funding sources and
allowed expenditures, and is in need of correction; and
WHEREAS, the content of Resolution 111-2010 is in need of revision to update permissible
expenses from the fund since the Fund operations have grown; and
WHEREAS, Land Development Code requires that the Fund be used
for restoration and management activities of public resource protection and conservation lands, as
specifically detailed by resolution of the BOCC \[Sec. 118-8(c)\]; and
WHEREAS, the amount of land being purchased by the BOCC and/or Monroe County has
been increasing, as well as the land managed by the County Land Steward through leases with the
State of Florida; and
WHEREAS, the Land Steward staff has recently expanded to include three staff positions, all of
which are integral to the management of Monroe County conservation lands; and
WHEREAS, the current office space for the Land Steward and the Assistant Land Steward for
the Lower Keys is located in Marathon, while their field work is centered in the Lower Keys, additionally
storage space is needed for their field supplies, such as tools and herbicides; and
WHEREAS, a potential office location for Land Stewardship staff has been identified on Big
Pine Key, the site would require construction of office space and could also supply needed storage; and
WHEREAS, there are sufficient monies in the Fund to cover the costs of restoration projects,
management activities, employment, supplies (including necessary vehicles), operating costs, and
construction of office space; and
WHEREAS, the BOCC finds that the best use of the Fund is to cover all costs associated with
the management of Monroe County conservation lands, including the costs of Land Stewardship staff
and their required equipment, tools, and office space;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1: The Wherea clauses set forth above are incorporated as findings by the Board.
Section 2: Resolution 112-2004 and Resolution 111-2010 are hereby rescinded.
Section 3: The Monroe County Environmental Land Management and Restoration Fund (Fund 160),
a special revenue fund, is hereby re-authorized.
Section 4: The following revenues shall be deposited in the Monroe County Land Management and
Restoration Fund:
1. Mitigation fees paid by landowners for removal of native vegetation required by Section 118-8
of the Monroe County Land Development Code;
2. Any donation, gift, grant, or revenue appropriated or transferred to the Fund by the County
Commission from any lawfully available source.
Section 5: The revenue deposited into the Fund may only be used for the restoration and
management of Monroe County and Monroe County Land Authority conservation lands, including all
costs associated with
properties that were purchased by the Monroe County Comprehensive Plan Land Authority for
conservation purposes, those properties owned by the Board of County Commissioners that have been
designated as conservation (including properties acquired through the Rate of Growth Ordinance land
dedication process), and those properties owned by the State of Florida for which the County is the
designated land manager through a lease with the State of Florida. The allowed expenditures include,
but are not limited to the following:
1. All costs associated with the salaries of the Land Steward and the Assistant Land Stewards;
2. All capital and operating expenses associated with the Land Stewardship staff, including
buildings, office space and storage space;
3. All equipment and tools required by the Land Stewardship staff, including vehicles, herbicides,
chainsaws, cell phones, and hand tools, and their associated maintenance;
4. Clearing and removal of debris, waste, and fill from conservation lands;
5. Removal of structures or other improvements required for site restoration of conservation
lands;
6. Removal of invasive exotic plant species from conservation lands;
7. Purchase and installation of native plant species on conservation lands;
8. Trimming or removal of hazardous vegetation on conservation lands;
9. Installation of fences, signs, or other materials to ensure security of conservation lands; and
10. Survey work as needed for management of conservation lands.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 18th day of May 2022.
Mayor David Rice
Mayor pro tem Craig Cates
Commissioner Michelle Coldiron
Commissioner James K. Scholl
Commissioner Holly Raschein
(SEAL)
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
As Deputy Clerk Mayor David Rice
Approved for Form and Legal Sufficiency
Robert B. Shillinger, Monroe County Attorney
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