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HomeMy WebLinkAboutItem F03 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District 1 James K. Scholl,District 3 - Holly Merrill Raschein,District 5 Regular Meeting June 10, 2026 Agenda Item Number: F3 26-32230 BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land Management TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra AGENDA ITEM WORDING: Approval of a Resolution of the Board of County Commissioners of Monroe County,Florida,rescinding Resolution No. 149-2022, updating 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. 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 111-2010 and Resolution 149-2022. The Fund is used by the County's Land Steward for the restoration and management of Monroe County's Conservation Lands. Revenues into the Fund are comprised of mitigation fees paid by landowners for removal of native vegetation required by Section 118-8 of the Monroe County Land Development Code, and any donations (including, but not limited to, grants and gifts) to the Fund from any lawfully available sources. The revenues deposited into the Fund are used for restoration and management of Monroe County and Monroe County Land Authority conservation lands, including all the costs associated with the operation of the Monroe County Land Stewardship staff, and all associated capital and operating expenses of the Monroe County Land Stewardship staff. Currently,there are sufficient monies in the Fund to cover the costs of restoration projects,management activities, staff expenses, supplies,vehicles and operating and other necessary and allowable costs. The Fund can additionally support the acquisition of conservation lands which staff is seeking to add as an allowable expenditure of Fund revenues when the Fund balance exceeds four million dollars. The Monroe County Land Authority will identify properties for consideration and coordinate with County staff on acquisitions proposed to use the Fund. Proposed land acquisitions utilizing Fund revenues will complement and expand current conservation land purchases that already address county objectives such as density reduction. This additional land acquisition will support land management activities and address land management challenges, such as: private in-holdings in conservation land areas, enhancement of conservation lands in the area, habitat restoration potential, and protection of listed species. PREVIOUS RELEVANT BOCC ACTION: July 22, 1999: The Board of County Commissioners adopted Resolution 345A-1999 establishing a special revenue fund, called the Monroe County Environmental Restoration Fund(Fund 160). March 17, 2004: The Board of County Commissioners rescided Resolution 345A-1999 and adopted Resolution 112-2004 renaming the fund as the Monroe County Environmental Land Management and Restoration Fund and clarifying the revenue sources. April 21, 2010: The Board of County Commissioners adopted Resolution 111-2010 authorizing the payment of costs of staff and operating costs for the County Land Steward from the Fund. May 18, 2022: The Board of County Commissioners rescinded Resolution 112-2004 and Resolution 111-2010, and adopted Resolution 149-2022 updating the revenue sources and authorized expenses. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval DOCUMENTATION: MCELMR Proposed 2026 Resolution Resolution 149-2022 FINANCIAL IMPACT: NA Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: Fund 160 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: No RESOLUTION NO. -2026 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RESCINDING RESOLUTION NO. 149-2022, UPDATING 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 Restoration Fund (Fund 160) hereinafter"the Fund" or "Fund 160"; and WHEREAS, the BOCC adopted Resolution No. 111-2010 which authorized all costs associated with the position of the Land Steward for Monroe County to come out of the Fund; and WHEREAS, the BOCC adopted Resolution No. 149-2022 which rescinded and replaced Resolution No. 112-2004 and No. Resolution 111-2010, reauthorized the Fund, and provided updates to permissible expenses from the Fund; WHEREAS, Resolution 149-2022 is in need of revision to allow for acquisition of conservation lands using the Fund; and WHEREAS, Monroe County's 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, there are sufficient monies in the Fund to cover the costs of restoration projects, management activities, employment, supplies (including necessary vehicles), operating costs, and the Fund can additionally support the acquisition of conservation lands; and WHEREAS, the BOCC finds that the principal use of the Fund is to cover all costs associated with the management of Monroe County conservation lands, however acquisition of conservation lands is an appropriate expenditure when the Fund balance exceeds $4 million. 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 149-2022 is 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, management, and acquisition 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 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; 10. Survey work as needed for management of conservation lands, and 11. Purchase of properties for conservation, in accordance with Section 6,below. Section 6: A minimum balance of four million dollars of Fund 160 is reserved for land management and restoration activities on County conservation lands, as listed in Section 5, nos. 1- 10. Any fund balance in excess of four million dollars may be used for conservation land acquisition as follows: Monroe County Land Authority (MCLA) shall administer this land acquisition process on behalf of the BOCC, utilizing the monies available within Fund 160. MCLA will identify properties for consideration and coordinate with County staff on proposed land acquisition purchases. MCLA's evaluation of potential land purchases may be based on the following criteria: location in the landscape, including whether the property is a private in-holding surrounded by public conservation land; efficiency of land management as it relates to nearby or adjacent County conservation lands;habitat restoration potential on the site;reduction of density; and/or protection of listed species of plants or animals or their habitat. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the th day of June 2026. Mayor Michelle Lincoln Mayor pro tern David Rice Commissioner Craig Cates Commissioner James K. Scholl Commissioner Holly Raschein (SEAL) ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA As Deputy Clerk Mayor Michelle Lincoln Approved for Form and Legal Sufficiency Derek Howard, Senior Asst. County Attorney 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 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 Restoration Fund (Fund 160) hereinafter"Fund" or"Fund 160"; 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 Resolutionl12-2004 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, Monroe County's 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 "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. 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 Monroe County's Land Stewardship staff. "Conservation lands" include those 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 Yes Mayor pro tem Craig Cates Yes Commissioner Michelle Coldiron Yes Commissioner James K. Scholl Yes ¢;® Commissioner Holly Raschein YPs EVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Fr • As Deputy Verk Mayor David i Approved for Form and Legal Sufficiency Robert B. Shillinger, Monroe County Attorney 717 I Digitally signed by Robert B. — R o b e rt B•�t� Shillinger g ' ° DN:cn=Robert B.Shillinger, !/';.=B.O.C.C.of Monroe County,FL, {;r ou=County Attorney, _ shilling'Any-email=shillinger bob@moriroecounty-fl.gov,c=US j rpL/ Date:2022.05.17 11:24:39-04'00' ti