Item G1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16,2008
Division: Growth Management
Bulk Item: Yes -L No
Department:
Staff Contact Andrew O. Trivette and Beth Bergh
AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of
Monroe County, authorizing the payment of costs of employment for the management services of the
Monroe County Land Steward from the Monroe County Environmental Land Management and
Restoration Fund.
ITEM BACKGROUND: In an effort to reduce expenses from the General Fund (Fund 001) we are
transferring the funding for this position and the expenses associated with it to a Special Revenue Fund
(Fund 160) called the Monroe County Environmental Land Management and Restoration Fund.
Resolution 112-2004 authorizes the County to use the fees collected for mitigation for filling in
wetlands, restoration or transplantation fees, and monies received through fmes for restoration and
management activities of public resource protection and conservation lands.
PREVIOUS RELEVANT BOCC ACTION:
March 17,2004 approved Resolution 112-2004.
July 22, 1999 approved Resolution 345A-1999.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
RESOLUTION -2008
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE PAYMENT OF COSTS OF EMPLOYMENT
FOR THE MANAGEMENT SERVICES OF THE MONROE
COUNTY LAND STEWARD FROM THE MONROE COUNTY
ENVIRONMENTAL LAND MANGAGEMENT AND
RESTORATION FUND
WHEREAS, Board of County Commissioners Resolution 112- 2004 authorized the Special
Revenue Fund called the Monroe County Environmental Land Management and Restoration
Fund (Fund 160) hereinafter "Fund" ; and
WHEREAS, Resolution 112-2004 authorized the use of the funds for restoration and
management activities for conservation lands and public resource protection; and
WHEREAS, the position of Land Steward is an integral part of management of the conservation
lands and provision of public resource protection; and
WHEREAS, such position is necessary for the public health, safety and welfare; and
WHEREAS, there are sufficient monies in the Fund to pay the salary of the Land Steward out of
Fund 160 Cost Center 52002; and
WHEREAS, budget constraints for fiscal year 2007-2008 projected to continue through fiscal
year 2008-2009 necessitate the use of the Fund for the Land Steward position;
NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Effective February 1, 2008, all costs associated with the position of Land Steward for Monroe
County shall come out of Fund 160 (Cost Center 52002) through September 30, 2009.
PASSED AND ADOPTED by the Board of county Commissioners of Monroe County Florida, at
a regular meeting on January 16, 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario DiGennaro
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MAYOR
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
BY:
RESOLUTIONl12 -2004
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RESCINDING RESOLUTION 345A-1999 AND
REAUTHORIZING THE ENVIRONMENTAL RESTORATION
FUND AS THE ENVIRONMENTAL LAND MANAGEMENT AND
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 transplantation, 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 County 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 under County
ownership 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 RESOLVED 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 re-authorized as the Monroe County Environmental Land
Management and Restoration Fund.
Section 3: The following revenues shall be deposited in the Monroe County Environmental Land
Management and Restoration Fund [Fund 160J, hereinafter called the "Fund":
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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 transplantation 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 through civil law suits,
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.
4. Any fines levied for unlawful clearing and filling of environmentally sensitive lands
found by the special master to be irreparable or irreversible in nature.
5. Any fme for an environmental crime when such fine is ordered by the sentencing court
to be paid into the fund.
Section 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 lawfully 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 structures or
other improvements required for site restoration; removal of exotics and invasive specie; purchase of
plant and landscaping materials for restoration of 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 of
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 County Commissioners'
Purchasing Policy and applicable purchasing ordinances.
Mayor Murray Nelson yes
Mayor Pro Tern David Rice yes
Commissioner Charles "Sonny" McCoy yes
Commissioner George Neugent yes
Commissioner Dixie Spehar yes
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PASSED AND ADOPTED by the Board of County Commissioners
Florida, at a regular meeting of said Board held on 17th day of March 2004.
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Clerk
BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY, FLORIDA
By:
Page 2 of2
MONROE COUNT,' ~rf'J'~i'lE:r'
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fiLED fOR RECORD
99 AUG 23 PH I: 0 I
DAN}, Y L. r\OLHAGE
eLK. CIR. CT.
~10NROE COUNTY. FLA.
Environmental Resources Department
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.) (a)
There is hereby created a Special Revenue Fund to be
called the Monroe County Environmental Restoration Fund, hereafter 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 transplanting of plants, but the County biologist has
determined that the survivability of such plants is low, the fee paid in lieu of such
transplanting;
(iii) when the comprehensive plan or land development
regulations require the furnishing of plant stock or a fee in lieu of the stock, the
fee paid;
(iv) any fine for an environmental crime when such fine is
ordered by the sentencing court to be paid into the fund.
(c) In addition to the revenue described in subparagraph 1 (b), the
Fund may also accept donations, gifts, and revenue appropriated or transferred to the
Fund by the County Commission from any 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 forth in the Monroe
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 law 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 real property, 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.
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SEAt . ,."I-!
;: . .. Am~:' 6A'NNY L. KOLHAGE, CLERK
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Mayor Wilhelmina G. Harvey
Mayor Pro Tem Shirley Freeman
Commissioner George Neugent
Commissioner Nora Williams
Commissioner Mary Kay Reich
yes
yes
yes
ye~
no
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. 4 d.l_
By~~~-.'--A~
Mayor /Chairma n
2
jresp/restore