Item R2 R.2
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: R.2
Agenda Item Summary #12054
BULK ITEM: No DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Beth Bergh(305) 289-2511
1:30 PM PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to consider adoption of an Ordinance adding
Section 2-428 to 432 to the Monroe County Code, to establish a definition of Monroe County
Conservation Lands, to define the role of the County Land Stewardship Program in the management
of said lands, and to create a process to add County-owned properties to the inventory of said lands.
ITEM BACKGROUND: The Monroe County Land Stewardship staff manages both County-
owned conservation lands and Monroe County Land Authority (MCLA)-owned conservation lands
utilizing funding from the Monroe County Environmental Land Management and Restoration Fund
(Fund 160). Additionally, the County Land Stewardship staff manages State-owned conservation
lands where the County is the designated land manager through a State Lands Management Lease
(Lease 4 4549).
The purpose of the proposed ordinance is to define those County and MCLA owned properties that
are considered "Monroe County Conservation Lands", to create an inventory of said lands, and to
establish a process to add newly acquired properties to the inventory of managed conservation lands.
The County has recently acquired properties through various processes including, but not limited to:
• grant programs such as the Voluntary Home Buyout Program;
• the County's Code Compliance process; and
• the Transferable Development Rights procedure.
In order for the Land Stewardship staff to utilize funding from Fund 160 for the management of
these types of properties, the County must establish a procedure for designating them as
conservation lands.
The proposed ordinance creates such a procedure by:
Immediately classifying the following property types as Monroe County Conservation Lands upon
acquisition:
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a) Properties that were purchased by the Monroe County Comprehensive Plan Land Authority for
conservation purposes; and
b) Properties owned by the Board of County Commissioners that have been acquired through the
Rate of Growth Ordinance (ROGO) land dedication process for conservation purposes; and
c) Properties owned by the Board of County Commissioners that have been dedicated for
conservation through the Transferable Development Rights procedure; and
d) Properties acquired by the County utilizing grant funding where the terms of the grant require
long-term conservation of the property.
Other BOCC-owned properties not included above, may be added to the inventory of Monroe
County Conservation Lands at any time by resolution of the Board.
The ordinance requires the inventory of Monroe County Conservation Lands to be updated annually
by ratification by the BOCC in order to reflect the status of newly acquired properties previously
designated throughout the year. After adoption of this ordinance staff will bring forward a new
resolution with the attached list of existing conservation land.
The Environmental Land Management and Restoration Fund Resolution is attached, which provides
additional information related to the Fund.
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.
May 2022 — BOCC approved Resolution 149-2022 which rescinded Resolution 112-2004 and
Resolution 111-2010, updated revenue sources and authorized expenses, and re-authorized the
Monroe County Environmental Land Management and Restoration Fund.
April 2023 —BOCC approved advertising proposed ordinance
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution 149-2022
LAND STEWARDSHIP ordinance -5-2-23-Final
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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:
Dina Gambuzza Completed 04/26/2023 9:51 AM
Christine Hurley Completed 04/28/2023 12:07 PM
Purchasing Completed 04/28/2023 12:11 PM
Bob Shillinger Completed 04/28/2023 4:07 PM
Budget and Finance Completed 04/28/2023 5:00 PM
Risk Management Completed 05/01/2023 10:54 AM
Lindsey Ballard Completed 05/02/2023 9:22 AM
Board of County Commissioners Pending 05/17/2023 9:00 AM
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R.2.a
RESOLUTION 149 -2022
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RESCINDING RESOLUTION 112-2004 AND RESOLUTION III-
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
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WHEREAS, the Board of County Commissioners (BOCC)Resolution 112-2004 authorized the N
creation of a Special Revenue Fund called the Monroe County Environmental Land Management and
Restoration Fund (Fund 160) hereinafter"Fund" or"Fund 160"; and
WHEREAS, the Board of County Commissioners adopted Resolution No. 111-2010 whichCU
authorized all costs associated with the position of the Land Steward for Monroe County to come out of 6
Fund; and
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WHEREAS, the content of Resolutionl12-2004 is outdated in regards to funding sources and 0
allowed expenditures, and is in need of correction; and 2-
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WHEREAS, the content of Resolution 111-2010 is in need of revision to update permissible CU
expenses from the fund since the Fund operations have grown; and 2
WHEREAS, Monroe County's Land Development Code requires that the Fund be usedCU
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 a
WHEREAS, the amount of land being purchased by the BOCC and/or Monroe County has 0
been increasing, as well as the land managed by the County Land Steward through leases with the <
State of Florida; and N
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 0
the Lower Keys is located in Marathon, while their field work is centered in the Lower Keys, additionally 0
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 E
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;
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1• The "Whereas" 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.
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Section 4: The following revenues shall be deposited in the Monroe County Land Management and
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Restoration Fund:
1. Mitigation fees paid by landowners for removal of native vegetation required by Section 118-8 N
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.
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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 Monroe County's Land Stewardship staff. "Conservation lands" include those CU
properties that were purchased by the Monroe County Comprehensive Plan Land Authority for E
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 E
designated land manager through a lease with the State of Florida. The allowed expenditures include,
but are not limited to the following:
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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 0
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 N
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 0
10. Survey work as needed for management of conservation lands. W
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R.2.a
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 Yes
Mayor pro tem Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner James K. Scholl Yes
¢;® Commissioner Holly Raschein YPs
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i EVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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As Deputy erk Mayor David i `U
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Approved for Form and Legal Sufficiency
Robert B. Shillinger, Monroe County Attorney
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Digitally signed by Robert B. = — U)
Robert B.� Shillinger g '
° DN:cn=Robert B.Shillinger,
i;r/�o—B.O.C.C.of Monroe County,FL,
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rpL/ Date:2022.05.17 11:24:39-04'00'
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R.2.b
ORDINANCE NO. -2023
AN ORDINANCE OF THE BOARD OF COUNTY
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COMMISSIONERS OF MONROE COUNTY, FLORIDA,
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ADDING DIVISION 4 TO ARTICLE VII,OF CHAPTER 2 OFCN
THE MONROE COUNTY CODE OF ORDINANCES cN
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INCLUDING SECTIONS 2-428 THROUGH 2-432, TO
CREATE THE MONROE COUNTY CONSERVATION
LANDS ORDINANCE WHICH ESTABLISHES A
DEFINITION OF "MONROE COUNTY CONSERVATION a;
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LANDS"; DEFINES THE ROLE OF THE COUNTY LAND
STEWARDSHIP PROGRAM IN THE MANAGEMENT OF
SAID LANDS; CREATES A PROCESS TO ADD COUNTY-
OWEND PROPERTIES TO THE INVENTORY OF a
MONROE COUNTY CONSERVATION LANDS; AND
PROVIDES FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County (the "BOCC"),
Florida, is authorized by Article VIH of the Florida Constitution and Chapter 125,Florida Statutes,
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to adopt ordinances not inconsistent with general law; and 0
WHEREAS, Resolution 149-2022 reauthorized the Monroe County Environmental Land 0
Management and Restoration Fund (Fund 160 / the Fund) and identified revenue sources and <
allowed expenditures under the Fund; and
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WHEREAS, in accordance with Resolution 149-2022, Fund 160 is the funding source for M
the management of Monroe County Conservation Lands and may only be used for the management N
of said lands; and
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WHEREAS,the amount of land being acquired by the BOCC and the Monroe County CU
Comprehensive Plan Land Authority (MCLA) has been increasing, including acquisition of
lands by the BOCC through the Code Compliance Process, the Transferrable Development 0
Rights procedure, and grant programs, such as the Voluntary Home Buyout Program; and X
WHEREAS, in order for the Land Stewardship Program to manage appropriate
properties as Conservation Lands utilizing funding from Fund 160, the properties must be
designated by the BOCC as "Monroe County Conservation Lands; and
WHEREAS, the proposed Ordinance establishes a procedure for adding properties to the
inventory of Monroe County Conservation Lands that are managed by the Land Stewardship staff
utilizing monies from Fund 160; and
WHEREAS,the Board finds it in the best interests of the County to amend Article VII of
Chapter 2 of the Code of Ordinances to create Division 4 and add Sections 2-428 through 2-432
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to the Code, which establishes a definition of"Monroe County Conservation Lands"; defines the
role of the County Land Stewardship Program in the management of said lands; and creates a
process to add County-owned properties to the inventory of Monroe County Conservation Lands. M
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS:
SECTION 1. ARTICLE VII OF CHAPTER 2 OF THE CODE OF ORDINANCES SHALL BE
AMENDED TO ADD DIVISION 4. - MONROE COUNTY CONSERVATION LANDS,which
shall read as follows:
Section 2-428. —Title.
This article may be referred to as the Monroe County Conservation Lands Ordinance. 2-
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Section 2-429. —Purpose. CU
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This article is adopted for the purpose of establishing a definition of Monroe County_
Conservation Lands, to define the role of the County Land Stewardship Program inCU
the management of said lands, and to create a process to add County-owned 4-
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properties to the inventory of Monroe County Conservation Lands. Monroe County
Conservation Lands and State-owned Conservation Lands that are managed by the
County shall be managed by the County's Land Stewardship Program with funding
provided by the Monroe County Environmental Land Management and Restoration
Fund(Environmental Restoration Fund or Fund 160).
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Section 2-430. —Protection of Conservation Lands. N
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(1) Definitions. O
a. "Monroe County Conservation Lands" are defined as properties that are
managed _by the County for the purpose of conservation and include:the County for the purpose of conservation and include: CU
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i) Properties that were purchased by the Monroe County
Comprehensive Plan Land Authority for conservation purposes;
ii) Properties owned by the Board of County Commissioners that
have been acquired through the Rate of Growth Ordinance
(ROGO) land dedication process for conservation purposes;
iii) Properties owned by the Board of County Commissioners that
have been dedicated for conservation through the Transferable
Development Rights procedure,
iv) Properties acquired by the County utilizing grant funding where
the terms of the grant require long-term conservation of the
property; and
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R.2.b
v) Properties owned by the Board of County Commissioners
(BOCC)that have been designated as conservation.
b. "State-owned Conservation Lands that are managed by the County" are those 00
properties owned by the State of Florida for which the County is the
designated land manager through a management lease with the State of N
Florida.
(2) Lands designated Monroe County Conservation Lands shall be preserved in
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perpetuity and shall not be considered or used for any other purpose. Nothing herein
prohibits the Land Steward from removing invasive exotics or performing other
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restoration work.
Section 2-431. — Same. —Inventory of properties considered as Monroe County Conservation .2
Lands
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The BOCC shall ratify, by resolution, an inventory of Monroe County Conservation Lands. The
inventory shall be maintained by the County Land Steward and the Clerk. Properties included in
the inventory shall be under the management of the Land Stewardship Program utilizing funding
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from the Environmental Restoration Fund (Fund 160) in accordance with Resolution 14-2022, or 4-
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subsequent amendments to said Resolution. 29=
Section 2-432. — Same. —Additions to Inventory of Monroe County Conservation Lands 0
(1) For land managementpurposes, the following properties shall be immediately
considered Monroe County Conservation Lands upon acquisition by the CountyUr
a) Properties that were purchased by the Monroe County Comprehensive Plan
Land Authority for conservation purposes; and N
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b) Properties owned by the Board of County Commissioners that have been
acquired through the Rate of Growth Ordinance (ROGO) land dedication
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process for conservation purposes; and
c) Properties owned by the Board of County Commissioners that have been 0
dedicated for conservation through the Transferable Development Ri _ghts :
procedure; and
d) Properties acquired by the County utilizing grant funding where the terms of
the grant require long-term conservation of the property.
(2) Other BOCC-owned properties not included in (1) above, may be added to the
inventory of Monroe County Conservation Lands at any time by resolution of the
Board.
(3) The inventory of Monroe County Conservation Lands shall be updated annually by
ratification by the BOCC in order to reflect the status of newly acquired properties
previously designated throughout the year.
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SECTION 2. SEVERABILITY. Should any portion of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as
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a whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any
provision thereof shall be held to be inapplicable to any person,property or circumstances, such
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holding shall not affect its applicability to any other person,property or circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. CU
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SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this CU
Ordinance shall be included and incorporated in the Code of Ordinance of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be appropriately renumbered as needed to 0
conform to the uniform numbering system of the code.
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SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon the filing with the CU
Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, CU
Florida, at a regular meeting of said Board held on the day of
2023.
Mayor Craig Cates
Mayor Pro Tem Holly Raschein
Commissioner Michelle Lincoln
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Commissioner Jim Scholl M
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Commissioner David Rice N
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(SEAL) BOARD OF COUNTY
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COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA 0
By: By:
Deputy Clerk Mayor Craig Cates
Approved for form and legal sufficiency
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Robert B. Shillinger, County Attorney
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