Item O5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15, 2011 Division: County Administrator
Bulk Item: Yes X No Staff Contact Person: Lisa Tennyson
Phone #: 292-4444
AGENDA ITEM WORDING: Ratification of grant submission to FY 2011 Transportation,
Community, and System Preservation Program of FHWA for a feasibility study to explore the viability
of obtaining tolling authority on US 1, forecast potential revenues and operational costs, and evaluate
the possibility of utilizing a portion of the revenues for wastewater/re-usetstormwater projects.
ITEM BACKGROUND: The BOCC has discussed ways to generate revenue to complete wastewater
projects since the funds from the state and federal governments have not been appropriated as
promised. One such revenue generating idea that has been discussed several times is a toll on US 1
similar to the toll on Alligator Alley, a portion of I-75, part of which is used for environmental
purposes (Everglades restoration.)
PREVIOUS RELEVANT BOCC ACTION: January 19, 2011-Approval of Expression of Interest to
the FHWA to set forth the County's interest in pursuing an agreement to place a toll on US 1, the
proceeds of which could be used for wastewater/re-use/storm water. Approval of Resolution No. 118-
1999, supporting concept of establishing a non -transportation toll on US 1. Approval of Resolution
No. 267-2007 directing staff' to seek out grants and waiving requirements that grant applications be
individually approved prior to submission when no match is required (cash/in-kind match not
specified.)
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 300 000 INDIRECT COST: staff time to prepare BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY $ 60,000- in -kind only SOURCE OF FUNDS: FHWA/TCSP program
REVENUE PRODUCING: Yes No X AM T PER MONTH Year
APPROVED BY: County Atty /P chasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
Transportation, Community, and System Preservation Program (TCSP)
PROGRAM FY 2011 GRANT APPLICATION
Project Title:
Florida Keys Toll Road Feasibility
Study
Project Location (include City/County,
State):
US 1/Overseas Highway
Monroe County, Florida
State Priority (to be completed by State
DOT):
CONTACT INFORMATION
-GRANTEE
Grantee Contact Name:
Roman Gastesi, County Administrator
Agency/Tribal Government:
Monroe County BOCC
-Mailing Address (Street/P.O. Box):
1100 Simonton Street, Rm. 205
City, State, Zip code:
Key West, Florida 33040
Phone:
305-292-4441
Fax:
305-292-4544
E-Mail:
Gastesi-Roman@monroecounty-fl.gov
STATE DOT CONTACT INFORMATION
State Contact Person:
Phil Steinmiller
Phone:
305-470-5386
Fax:
305-470-7565
E-Mail:
phi 1. steinmiller@dot. state. fl. us
FHWA DIVISION OFFICE CONTACT INFORMATION
Division Contact Person: Lee Ann Jacobs
Phone: 850-553-2219
Fax:
E-Mail: LeeAnn.Jacobs@dot.gov
. . . . . . . . . . . Flo
Updated: June 3. 2011 P. I
CONGRESSIONAL INFORMATION
Congress Member: Representative Ileana Ros-Lehtinen
Congressional District No.: Florida 1$th Congressional District
TCSP Program Funds: $300,000
Matching Funds/In-kind Services Value: $60,000
Matching Funds/In-kind Services Source: Monroe County
Total TCSP-Related Project Costs: $360,000
State Administered?
Yes
No
Division Administered?
Yes
No
"Transfer" TCSP funding for Project
Administration?
Yes
No
If yes, which Federal Agency
Will the project be obligated by
September 30, 2011?
Yes
No
Date grant application approved by
FHWA Division Office
Part B. Project Abstract
(Maximum 4 sentences) Briefly describe the how the TCSP Program funds will be used to support the proposed
project.
This project seeks to explore coordinated federal transportation and environmental policies for an avenue to develop a
financing mechanism, which can help offset the costs of an unfunded, mandated, nationally significant ecosystem
protection project. Specifically, we propose to use TCSP Program funds for a feasibility study to explore the viability of
obtaining tolling authority on US 1 in the Florida Keys and to forecast the potential revenue of a toll. The subject of this
feasibility study, US ] /Overseas Highway, is about 120 miles long, mostly 2-lane, and mostly rural. Almost 4,000,000
vehicles enter the Keys annually. As there are only 73,000 total residents in the Keys, the overwhelming majority of these
vehicles carry visitors and tourists. A portion of the revenue would be used for maintenance and reconstruction projects
on US 1, and a portion would be designated for wastewater/re-use/storm water infrastructure designed to protect the
fragile Florida Keys' marine ecosystem.
Part C. Project Narrative
Background/Justification for Proposed Project:
Monroe County is home to the Florida Keys and serves as the steward of this rare and precious ecosystem of
national significance. Much of the Keys lie within federally -owned and nationally -protected areas including the
Everglades National Park, Dry Tortugas National Park, Biscayne National Park, and 4 national wildlife refuges. The
entire Florida Keys archipelago is surrounded by a 3,800 square -mile National Marine Sanctuary, a fragile marine
Updated: June 3, 2011 p. 2
2011 Discretionary Grant programs
environment that includes the only living coral reef in the continental U.S. and numerous federally endangered and
threatened wildlife and marine species.
Augmenting the already significant level of federal conservation efforts, federal and state oversight agencies deemed
it necessary to provide additional protection of the National Marine Sanctuary through the improvement of near -shore
water quality by requiring the implementation of wastewater treatment at the highest possible standard.
Toward this end, the State of Florida (per Section 6, Chapter 99-395, Laws of Florida) mandated the construction of
an advanced wastewater treatment system throughout the entirety of the Florida Keys island chain, in compliance with
the following federal regulations:
Federal Clean Water Act, Section 319 (1987) requiring States to implement programs to reduce pollution from
nonpoint sources into navigable waters;
Public Law 101-605, the Florida Keys National Marine Sanctuary and Protection Act of 1990, to develop a
comprehensive Water Quality Protection Program for the Sanctuary to "restore and maintain" the water
quality, coral reefs, and other living marine resources of the Florida Keys environment; and
The National Marine Sanctuaries Program Amendments Act of 1992, H.R. 5617, requiring that the U.S.
Environmental Protection Agency (EPA) and the State of Florida implement the Water Quality Protection
Program in coordination with the National Oceanic and Atmospheric Administration.
This massive wastewater infrastructure project, known as the "Florida Keys Water Quality Improvement Program"
(FKWQIP) will cost $935M when completed. It is a worthy, but largely unfunded, environmental mandate. As
steward, Monroe, a mostly rural county with only 73,000 residents, has borne almost all of the costs.
In 2001, the U.S. Congress, per Public Law 106-554, directed the U.S. Army Corp of Engineers to help coordinate
the effort and authorized an initial $100M in support (and promised to provide funding for 65% of the total project
cost.) Since then, however, only a meager $32M has been appropriated, including a one-time stimulus payment of
$25M, last year.
The State Legislature has given the Keys until December 2015 to complete the project. To date, the State's
contribution has been approximately $50M. Last year, the Legislature reauthorized a bond that could bring $200M to
the Keys for wastewater projects, but the money was not appropriated last year, and was again left out of this year's
budget. With the state struggling to balance its own budget, there is concern that it could be years before that money
reaches the Keys.
FKWQIP is a project of statewide and national significance whose benefits accrue to the entire county and are enjoyed
by millions of tourists each year. Yet, the small population of the Florida Keys is shouldering most of the costs.
Almost 4 million tourists (vs. the 73,000 residents) visit the Keys each year. Tourist impacts on the environment
through vehicular and air traffic, on near shore waters through fishing, snorkeling, diving, boating, ferries and cruise
ships, and their contribution to the wastewater stream are immense, but those costs are not equitably shared.
About 40% of the work has been completed, funded almost entirely at the local level through the levy of taxes and
fees on our residents, and loan financing. Monroe County still faces over $220M in project costs and has reached its
bonding capacity.
Even those areas which are at or near completion of their wastewater and re -use projects now face mandated storm
water work, but have little if any funding opportunities available with which to address those projects.
The County even tried to tax itself to raise additional project funding. In 2010, Monroe asked state legislators to allow
the County to implement an additional cent to its sales tax for wastewater projects, but the request was rejected.
Individual homeowners, regardless of income, already bear mandatory charges of over $10,000 (a combination of
system development fees and lateral installation costs, plus an annual maintenance fee.) These costs exceed by IOx the
standards for financial hardship established by the US EPA.
Without any further federal or state support, additional sales tax or toll revenue, those yet to be connected Keys
Updated: June 3, 2011 p. 3
homeowners (in the furthest, most rural sections, with the highest percentage of economically disadvantaged residents)
will face as much as $20,000 in sewer connection fees. Such costs are both oppressive and inequitable given that
assessments for prior projects were subsidized by early federal and state grant funds.
With little realistic expectations of federal/state support, and non-existent political will for a tax increase --even a
small, targeted one-- innovative and non-traditional, "self-help" financing mechanisms must be considered. Since
"The purpose of the Transportation and Community and System Preservation (TCSP) Pilot Program is to fund
innovative projects that will increase the knowledge of the costs and benefits of different approaches to integrating
transportation investments and strategies, community, preservation, land development patterns, and environmental
quality, " we believe this proposed project is well -matched with the program's purpose and intentions.
Description of Proposed Project:
We propose to utilize TCSP Program funds to research the viability of obtaining tolling authority and using the toll
revenue, or a portion thereof, to help finance the costs of the wastewater/re-use/storm water mandates in the Florida
Keys.
The study would:
1. Forecast the potential revenue that could be generated from a toll collection project;
2. Estimate project operations and maintenance costs;
3. Address the regulatory, political, and policy hurdles for obtaining tolling authority on a federally -assisted
roadway, as well as tolling authority which would allow a portion of toll revenues to be used for
environmental purposes; and
4. Evaluate the potential financial risks and impacts on local travel demand and the regional transportation
system.
There are two roads into the Florida Keys, U.S. 1 and Card Sound Road. The northernmost section of US I in the
Keys, between Florida City and Key Largo, is known as the "I 8-mile stretch." A toll is envisioned in the vicinity of the
18-mile stretch. According to 2008 FDOT figures, the yearly total number of southbound vehicles on the 18-mile
stretch is 3,139,000; the yearly total number of southbound vehicles on Card Sound Road is 730,000.2
It is premature to estimate revenue potential as issues related to the cost of construction, administration, etc. are
unknown at this point. However, assuming for the sake of discussion that all vehicles would pay the same rate and using
2008 FDOT southbound traffic figures (southbound only) on the 18-mile stretch and Card Sound Road, tolls could
generate gross revenues of approximately $4 million ($1 per trip southbound only) to $23 million ($6 per trip
southbound only) annually.3
As the vast majority of these vehicles are carrying tourists and visitors, a vehicle toll would also provide an equitable
way to capture the tourist impact to help offset wastewater treatment projects costs.
All toll collection would be by StmPass and/or compatible electronic toll collections systems; there would be no toll
plazas and no stopping to pay tolls. There would be no additional lanes.
It is anticipated that the Florida Department of Transportation, which currently has responsibility for the maintenance
and reconstruction projects on US 1 in Monroe County will remain the agency responsible for the transportation projects
and the toll operations, and the Florida Department of Revenue would be the agency responsible for distributing the
environmental share of the toll revenues to the County and municipalities for their wastewater, re -use and storm water
projects.
According to the Needs Assessment Study prepared by UNC-Chapel Hill Environmental Finance Center for the Florida Keys
Wastewater Assistance Foundation, there are almost 4,000 families and seniors in areas stil l to be seweted that earn less than $40,000 a year.
Florida Department of Transportation, 2008 Annual Average Daily Traffic Report, p.679 of 739, April 2009
3 Even at $6, the per mile cost of atoll in Monroe County would be the lowest in Florida at $0.025 per mile. Alligator Alley `s per mile cost (for
double —axle) is 5.026; Florida's Turnpike Mainline is 5.06; Florida's Turnpike Extension is $.07-.12: Miami -Dade Expressway is 5.13-.25.
Updated: June 3, 2011 p. 4
The study would consider precedents that have been set that allow toll funds to be used for projects other than road
and bridge infrastructure. It would explore the viability of seeking an agreement for tolling authority similar to that
made available under Section 313(e) of P.L. 104-59, National Highway Systems Act of 1995, on a section of Interstate
75 known as "Alligator Alley," which allows a percentage of the toll revenues to be used for environmental purposes.
Additionally, the study will consider relevant Florida statutes:
• FS 338.26, The Everglades Forever Act, provides for the continuation of parkway tolls to be used as a funding
source to help restore the Everglades (and Florida Bay). Projects that qualify include land acquisition, waste
conveyance, engineering design for wastewater treatment facilities for Florida Bay marine waters and
Everglades. To date, over $28M in toll revenue has been used for Everglades projects.
• FS 334.30 provides for the leasing of toll roads to the private sector with a negotiated portion of excess
revenues from tolled or fare -generating projects returned to the department over the life of the public -private
agreement. The private partner may use their portion of revenues for projects not related to road and bridge
infrastructure.
• FS 331.316 Spaceport Facility and System Cost recovery allows for rates, fees, tolls, fares, and charges to be
prescribed to recover the costs of the spaceport operations.
• State of Florida Office of the Governor Executive Order No. 98-309 convened a working group of DCA,
DEP, DOT, DOH, SFWMD, GFC, and local governments of Monroe County and authorized the working
group to prioritize funding for wastewater and storm water and to consider long-term funding solutions,
including the feasibility of tolling US 1.
There is precedence for and history of tolls in Florida Keys:
• Card Sound Road currently has a tollbooth ($1 south and northbound). Revenues average $1.5M per year
(2007 and 2008). The County uses these funds to maintain Card Sound Road and Bridge.
• Portions of Overseas Highway were tolled until April 15, 1954, with toll booths located on Big Pine Key and
Lower Matecumbe Key. Pigeon Key, roughly the midway point of the Seven Mile Bridge, served as the
headquarters for the "Overseas Road and Toll District."
The main goals of this study include:
• Enhanced coordination and effectiveness of federal policies to maximize federal investment in the Florida
Keys;
• Protection of an environmentally -sensitive area of national and State interest; and
• Safeguarding the economic well-being, community character and livability of our communities.
Timeframe:
We anticipate the study to take approximately 6-9 months. The funds can be obligated and the project can begin by
September 2011, and will be expeditiously completed within the fiscal year of funding.
If applicable, describe how the project meets all of the priority consideration criteria.
The protection of the natural environment of the Florida Keys has historically necessitated and continues to require
highly -integrated transportation, community and system preservation practices, as well as transportation and
infrastructure plans and programs that minimize environmental impacts. Here are some examples of the nexus between
federal transportation and environmental policy in Monroe County:
• The $300M reconstruction of the 18-mile stretch portion of US 1, including the construction of a fixed -span
bridge above Jewfish Creek, in order to restore natural water flows is a significant federal transportation
investment that recognizes the extreme importance of improving the quality of near -shore waters.
External Regulatory Compliance: Due to the environmental sensitivity of the majority of the land in Monroe
County, its designation as a National Marine Sanctuary and an Area of Critical State Concern, Monroe
County's land use and development is subject to the oversight of numerous state and federal agencies and
exhibits extensive cooperative efforts with a wide variety of jurisdictional bodies: such as Florida
Department of Transportation(FDOT), Department of Environmental Protection (DEP), U.S Army Corps of
Engineers (USACE), FEMA, U.S. Navy, U.S. Fish and Wildlife Service, South Florida Water Management
Updated: June 3, 2011 p. 5
District, the Department of Community Affairs (DCA).
• Monroe County 2010 Comprehensive Plan: To satisfy the requirements of the Wastewater Master Plan, and
myriad other federal and state regulatory agencies, the County has adopted a Rate of Growth Ordinance
system and other regulatory provisions; Livable CommuniKeys Plans; a Working Waterfronts Preservation
Plan; a Habitat Conservation Plan (IICP), developed the "Tier System" to steer development away from
environmentally sensitive areas; adopted storm water and waste water plans, and a 10-year Water Supply
Plan, and Hurricane Evacuation Study and the Phased Evacuation Plan.
Master Plan for Florida Keys Overseas Heritage Trail: Agency partnerships with FDOT/ FDEP/ OGT and
Monroe County provide the foundation for trail development from Key Largo MM 106 to Key West MM 0.
The trail project offers a link to sustainable community development by providing an alternative form of
transportation, supports and encourages healthy ecosystems, livable communities, and minimized
consumption of non-renewable resources and multi -modal methods of transportation. Monroe County
Resolution No. 205-2000 commits it to safe alternative transportation along US 1 for non -motorized users,
for methods to attract low impact, resource friendly tourists and alternatives to long-term maintenance costs
associated with a trail in partnership with the FDEP/OGT and FDOT.
• HUD/DOT/EPA Sustainable Communities Initiative: Awarded to SE Florida this past year, Monroe County
is a member of this 7 county initiative, the purpose of which is to further enhance and maximize the regional
coordination of federal housing, environmental protections, transportation planning, and water infrastructure
and to make more effective use of federal investment efforts.
• Hurricane Evacuation: In Monroe County, evacuation clearance times on US 1 are used as both an
emergency management tool and to control the rate of growth.
• The Florida Keys Overseas Highway is also designated as a National Scenic Byway and in 2009 was named
an All -American Road by the Federal Highway Administration.
Describe how the project meets the project selection criteria
The proposed project meets all of the following selection criteria:
• Livability: This project seeks to maximize the benefits of combined federal policies and investments in our
community to promote affordability, improve the efficiency of public works investments, safeguard our rural
landscape, preserve community character, and remove barriers to coordinated transportation and
environmental protection policies.
• State of good repair: The project seeks to improve conditions of existing facilities, protect investments, and
minimize life -cycle costs.
• Safety: The project seeks to improve safety of existing facilities.
• Expeditious completion of project: The project can be started immediately and completed within 9 months.
• State priorities: Monroe County coordinates closely with FDOT.
• Leverage of private or other public funding: Monroe County commits to funding 20% of project costs (with
in -kind services.)
• Amount of funding: Our request is modestly -sized and is the least amount of funding we believe this
research project will cost.
Discuss the project schedule, commitment of public and private funding, and any other TCSP or other Federal
funding being used for the project.
• Schedule: Completion of feasibility study expected to take 6-9 months.
Commitment of other Public Funding: The Monroe County Board of County Commissioners will commit 20%
of necessary project funds in in -kind support.
Updated: June 3. 2011 p. 6
Local Government Authorization and Support: The Monroe County Board of County Commissioners, on
numerous occasions, has authorized and expressed its support for exploring the idea of a toll on US 1. Most
recently, in January 2011 it approved the Expression of Interest submittal to FHWA Office of Operation's
Tolling and Pricing Opportunities Team. A copy of the submittal, the agenda item and the minutes
demonstrating Board approval for that submission are attached. BOCC approval for this project could not be
obtained prior to application submission due to the schedule of once per month BOCC meetings. A request for
BOCC ratification of this application and project has been placed on the agenda for the June 15`", 2011 BOCC
meeting. A copy of this agenda item is also attached. The minutes documenting ratification will be forwarded
to you after the meeting.
Part D. Project Eligibility
a. Is the project located on a Federal -aid highway? (List the functional class(es) of the facility(ies) to be
improved)
The subject of the project is US 1, a Federal Aid Highway, maintained by the State of Florida Department of
Transportation. The functional classification for US 1 in the County is a principal arterial. Within some areas, US 1 is
classified as a rural principal arterial while in others, such as the cities of Marathon and Key West, it is classified as an
urban -other principal arterial. U.S. I/SR 5 in the County is defined between MM 0.00 and 1116. It generally consists of
a cross-section varying between two and four lanes. Of its 112 total miles, approximately 80 miles (74%) are two-lane
segments that are undivided. US 1 functions as an arterial, collector and "Main Street" Nowhere else is there a 112
mile -plus long archipelago connected by over 40 bridges along a single roadway.
b. If the project is not located on a Federal -aid highway, how do you consider the project eligible for
assistance under Title 23 or Chapter 53 of Title 49, United States Code? (i.e., list program(s) and
describe how the project meets the statutory eligibility criteria for that program.)
Not applicable.
c. Is the project a corridor preservation activity necessary to implement transit -oriented development
plans, traffic calming measures, or other coordinated transportation, community, and system
preservation practices?
US 1 is the principal roadway corridor in Monroe County. It is the only continuous roadway link among the island
chain. Roadway access to and from Monroe County to the mainland is provided by only two roads, US 1 and Card
Sound Road (CR 905A). All transportation planning, growth management policies, and land use practices in the
County necessarily include US 1.
Updated: June 3, 2011 p. 7
2011 Discretionary Grant Programs
Updated: June 3, 2011 P. 8
Back up Documentation:
• Pending Agenda Item for BOCC Ratification of TCSP Toll Feasibility Study Project
• Jan 2011 Agenda Item seeking BOCC Approval of Expression of Interest to FHWA for Toll
Project
• Minutes from Jan 2011 BOCC meeting documenting BOCC Approval for Expression of
Interest
• Resolution 118-1999 of BOCC in support of concept of establishing a non -transportation
toll on US 1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15, 2011
Bulk Item: Yes X No _
Division: County Administrator
Staff Contact Person: Lisa Tennyson
Phone #: 292-4444
AGENDA ITEM WORDING: Ratification of grant submission to FY 2011 Transportation,
Community, and System Preservation Program of FHWA for a feasibility study to explore the viability
of obtaining tolling authority on US 1, forecast potential revenues and operational costs, and evaluate
the possibility of utilizing a portion of the revenues for wastewater/re-use/stormwater projects.
ITEM BACKGROUND: The BOCC has discussed ways to generate revenue to complete wastewater
projects since the funds from the state and federal governments have not been appropriated as
promised. One such revenue generating idea that has been discussed several times is a toll on US 1
similar to the toll on Alligator Alley, a portion of I-75, part of which is used for environmental
purposes (Everglades restoration.)
PREVIOUS RELEVANT BOCC ACTION: January 19, 2011-Approval of Expression of Interest to
the FHWA to set forth the County's interest in pursuing an agreement to place a toll on US 1, the
proceeds of which could be used for wastewater/re-use/storm water. Approval of Resolution No. 118-
1999, supporting concept of establishing a non -transportation toll on US 1. Approval of Resolution
No. 267-2007 directing staff to seek out grants and waiving requirements that grant applications be
individually approved prior to submission when no match is required (cash/in-kind match not
specified.)
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 300 000 INDIRECT COST: staff time to prepare BUDGETED: Yes No ,
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $ 60,000- in -kind only SOURCE OF FUNDS: FHWA/TCSP program
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty /P chasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: _ AGENDA ITEM #_
Revised 7/09
POV, �1�1_
Meeting Date: Jamiga 19, 2011 (Key
West)_ Department: County Attorney
Bulk Item: Yes X No — Staff Contact: Suzanne Hutton # 3473
AGENDA ITEM WORDING: Approval to prepare and submit an Expression of Interest to the
Federal Highway Administration to set forth the County's interest in pursuing an agreement whereby a
toll could be placed on US I on Key Largo and a portion of the toll proceeds could be used for
wastewater and storm water.
ITEM BACKGROUND: In order to start a dialogue with the federal government about the
possibility of a toll on US 1, a portion of which would be designated to fund local government
wastewater and storm water projects, the interested agency needs to submit an expression of interest,
The BOCC has talked about various ways to generate revenue to help complete the projects since the
subsidization monies from the state and federal governments has not been disbursed as promised, and
their fiscal problems indicate that the funding will not be available in the foreseeable future. One
revenue idea discussed several times has been a toll on US I similar to the toll on Alligator Alley, a
portion of 1-75, part of which toll is used for Everglades restoration.
(Blank form is in back-up for placement on agenda. As much completion as possible will be provided
for the revised agenda.)
PREVIOUS RELEVANT BOCC ACTION: Approval of resolution No. 118-1999, a copy of which
is in the agenda back-up.
UUNTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
LIM"J'AL C*ST: No
____Y1DIRECT COST: &a—ff time to wepare $750 lo si.5oo BUDGETED:Yes— —
•
REVENUE PRODUCING: Yes — No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty _X(OMB/Purchasing _ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: ih3
AGENDA ITEM #
Revised 1/09
C
UNTY f�MONROE
KEY VVM RoraDA 33M
Q05) 2"-Maul
Suzanne A. Hutton, County Attorney —
Robert B. Shillinger, Chief Assistant County Attorney ss
Pedro J. Mercado, Assistant County Attorney **
Susan M. Gtimsley, Assistant County Attorney **
Natileene W. Cassd, Assistant County Attorney
Cynthia L. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
Lisa Grange, Assistant County Attorney
** Board Certified in City, County & Local Govt Law
January 27, 2011
Tolling and Pricing Team
Federal highway Administration
Office of Innovative Program Delivery
Attn: Patrick DeCorla-Souza
1200 New Jersey Avenue, SE, Mail Stop E84-320
Washington, DC 20590
RE: Letter of Expression of Interest
Dear Mr. DeCorla-Souza:
Mayor Heather CNrubun's, DisWd 3
Mayor Pro Tem David Rke, Distrkt 4
i0m Wkftton, DlStrld 1
George Neugett, DW id 2
Sylvia 3. Murphy, Dot 5
Office of the County Attorney
1111 I P Street, Suite 408
Key West, FL 33040
(305) 292-3470 — Phone
(305) 292-3516 — Fax
Enclosed is an Expression of Interest form completed to explore the possibility of a toll
on US 1 in the Florida Keys, particularly with a portion of the toll being used for certain
environmental projects as authorized under Section 313(e) of P.L. 104-59. Included are
several exhibits showing both previous county commission support and a compilation of
information about other toll roads, particularly Alligator Alley, which is part of the
interstate system and for which a portion of the toll is designated for restoration of the
Everglades.
Although I felt that I probably could submit the Expression of Interest form without taking
the matter back to the Board of County Commissioners for specific approval, in an
abundance of caution to ensure that they were not only still generally in favor of
exploring the idea of a toll but that they were comfortable with the specific language of
the Expression and the back-up material, I did submit the Expression of Interest to them
for approval on January 19, 2011. They required slight revision to include reuse with
wastewater and storm water for the protection and improvement of near -shore waters.
Behind a bright yellow dividing paper, I have added to the Expression of Interest,
revised per the county commission direction, and the exhibits to which it refers, copies
of the minutes from the January 19th meeting and the agenda item summary which was
also submitted to the county commission, to further show that the local interest is
current.
Please let me know if there is anything else which we may be able to provide to assist
you in your review of the Monroe County Expression of Interest I hope that you and
your team will find that the federal and state interests in protecting the waters of the
Florida Keys warrant further exploration of the possibility and will soon be advising me
as to the next steps in your process.
Sincerely, 0"
z
C- --�Suzan A. f�H�'i W� �on�
County Attorney
cc:
Florida Division Federal Highway Administration
Roman Gastesi, County Administrator
U.S. ent d Trartpersatton
Federal Howay Adminr.ditabo i
Tolling and Pricing Opportunities
Expression oflnterest
If you have any questions completing this form, please contact Patrick DeCorla Souza at (202) 366-4076. Please complete
all applicable information and attach this request via email to li dPnc c i dog or via U.S. mail to:
Tolling and Pricing Team
Federal Highway Administration
Office of Innovative Program Delivery, Attn: Patrick DeCorla-Souza
1200 New Jersey Avenue, SE, Mail Stop E84-320
Washington, DC, 20590
Please copy your respective FHWA State Division Office
A) What is the requesting agency, authority, or public company? What is the lead of ke within the
Name(s):
Board of County Commissioners of Monroe County, Florida
Project Website (if applicable) or Your Agency/Company Website: 4 i isCi t 'I c 1 11
Name: Suzanne A. Hutton
Title: County Attorney
Address: PO Box 1026, Key West, Fl. 33041-1026
Phone: (305)292-3470
E-mail: hutton-suzanne(&monroecounty-fl.aov
❑ Funding ONLY for this project or study (Federal authority already granted or not necessary).
❑ Federal Tolling Authority ONLY for this project or study (no funds requested).
❑ Funding AND tolling authority for this project or study.
❑ Other, not listed.
Please briefly elaborate: Monroe County is seeking an agreement for tolling authority similar to that made
available under Section 313(e) of P.L.104-59, National Highway Systems Act of 1995, on a section of Interstate
75 known as Alligator Alley, which allows a percentage of the toll revenues to be used for environmental
proposes.
D) Pleaseprowde a brief description of the tolling orpncm9project or study. Please identify and describe the
subject facility or general area to be tolled, priced or studied i e. name of projectlstudy, locatiion, length,
level of service, problem to be addressed. etc,)?
Monroe County, Florida is comprised of two distinguishable segments, a mainland portion which is
encompassed almost entirely within the Everglades National Park, and the 120-mile island chain known as the
Florida Keys. State and federal interests in the county are evidenced by several national* and state** refuges,
parks and sanctuaries, and a substantial percentage of the land mass in public ownership for conservation
purposes. US Highway 1 is the common linkk between the majority of inhabited islands. it is desired to obtain
funds via a toll, and possibly three tolls as one travels down US 1 to the City of Key West, to finance projects
targeted by both the state and federal governments as important to the environment of national interest —
Pagel of 4
Expression of taterest-FiiWA Office of Operations
Version 1.012/05
US. Depa#Vmrrt of TmnsporWon Tolling and Pricing Opportunities
Federal Highway Administration Evre'sstott of litter st
specifically wastewater, re -use, and storm water projects to protect and improve the near -shore waters. Funds
have been authorized by both the state and federal governments to supplement local funding to achieve specific
wastewater treatment goals, but less than one-third of the combined state and federal monies authorized since
the year 2000 have been appropriated and disbursed. Expectations of receipt of the remaining promised grant
funds have been extremely diminished by economic problems of all levels of government.
A study has established that approximately one-third of the residential property owners, many retirees on fined
income or blue collar workers, would be economically burdened if their share of the infrastructure development
costs exceeds $4,500. Accordingly, most of the affected governmental entities have assessed system
development, capacity, or connection fees in the amounts of $4,500 to $6,000. Since the area of the
unincorporated county remaining to be sewered is the most rural of the areas identified in the Monroe County
Sanitary Master Plan, the costs attributable to the central wastewater project are much higher than those in areas
which have, for the most part, been addressed and are nearing completion or completed. The remaining area
probably contains a higher percentage of economically disadvantaged residents than the county population in
general. Areas which have finalized or are near completion of their wastewater and re -use projects still have
storm water work to do but have little if any funding opportunities available with which to address those
projects.
The County has little realistic expectation that the promised state and federal monies authorized for wastewater,
reuse, and storm water projects which remains to be appropriated will ever be made available. It is therefore
desired to pursue measures of self-help to generate revenue to supplement the projects remaining in order to be
able to complete the projects critical to environmental protection without imposing assessments which are both
oppressive and inequitable in light of assessments for prior projects which received federal and state grant fiends.
*Florida Keys National Marine Sanctuary, National Key Deer Refuge, Crocodile Lake National Refuge, Great
White HeronNational Wildlife Refuge, Key West National Wildlife Refuge, Everglades National Park, Dry
Tortugas National Park. Of the 28 national refuges in the state of Florida, 4 are within Monroe County.
** Dagay Johnson Key Largo Hammock Botanical State Park, John Pennekamp Coral Reef State Park,
Windley Key Fossil Reef Geological State Park, Lignumvitae Key Botanical State Park, Indian Key Historic
State Park, San Pedro Underwater Archaeological Preserve State Park, Long Key State Park, Curry Hammock
State Park, Bahia Honda State Park, Fort Zachary Taylor Historic State Park.
E) Nhich type offacility is proposed to be tolled or stet
❑ Interstate
❑ Non Interstate
❑ Project contains both types offacilities
E Project is not specific to any type offacilityi<;=
Does the toll protect involve ANY construction
L No L7Yes (f so, please mark all that apply)
17New construction L7Expansion
Omv to HOT Conversion L7 other not listed
ONot applicable
ORehabilitation OReconstruction
Please briefly elaborate It is anticipated that if a toll is authorized, it will designate a portion of the revenue for
maintenance and reconstruction projects on US 1, and a portion would be designated for the wastewater/re-
use/storm water projects. The costs of constructing and operation the new technology of camera tolling would
be expected to be covered by the toll as well.
rage Z 014
Exprmion of Interest-FHWA Office of Opcmtions
Vesion 1.012/05
U.S. oeparirwni of Transportatlon Tolling and Pricing Opportunities
Federal Highway Administration Expression of Interest
HOV lane(s) currently exist on the fa
C1 No a Yes ONot applicable
ZQ What is the timetable to enact the foUbW or rkin project or stu ?
The County is mandated to complete its wastewater projects by December 31, 2015. The state legislature is in
session from March through the first week in May, and the County will be seeking legislation to authorize the
dual purpose uses of a toll on US 1 in Monroe County. Therefore, an agreement with the FHWA is desired to be
reached within that time frame, or certainly no later than December 2011, in order to get the state legislation in
the 2012 session in order to implement the camera tolling construction and operation to commence revenue
generation by October 1, 2012, and finalize the funding plan for the remaining wastewater project.
I) Are there expressions of support from public of, j"ieials or the public? Have any public meetings been held?
If no public meetings or expressions of support are available, please indicate the agency's plans for
ensuring adequate public involvement and seeking public support, for the toll nreiect or stu
Attached as Exhibit 1 is a copy of Resolution No. 118-1999 in support. Also attached are, as Exhibit 2, an
agenda item submitted by Commissioner Heather Carruthers to the Board of County Commissioners at its
January 20, 2010 meeting, and, as Exhibit 3, a copy of page 13 of the minutes of that meeting showing
discussion but no action to supplement or replace the prior resolution.
J) Where known (and if applicable), what is plan for implementing tolls or prices and the strategies to vary
toll rates orprices La, the ormulae or variable gncin ?
There has only been limited staff discussion beyond the initial discussions reflected in pages 3 through 5 of the
history segment of the 1/20/10 agenda item, as to the possibility of establishing more than one toll, so that those
people going only to locations within the first 20 or 30 miles would not have to pay as much as those people
using the entirety of US 1. As noted in the pages 3 through 5 of the history segment, the commission discussions
have ranged from $2 to $6, and took place at a time when technology that is available today was not available
and therefore costs of operating and maintaining toll booths were part of the discussion.
What is the reasons of the toll project or study? .Please mark all that
QFinancing construction
C7Reducing congestion
OImproving air quality
G7Other not listed.
Please briefly elaborate: Improving the quality of near shore waters, something which has already been
recognized as extremely important as evidenced by the re -construction of US 1 in an area between Florida City
and Key Largo known as the 18 Mile Stretch, in order to restore natural water flows.
Page 3 of
Expression of interest-FHWA Office of Operations
Version 1.012/05
U.S. Department of Transportation
Federal Highway Administration
Tolling and Pricing Opportunities
Expression of Interest
L) Please provide a description of the public and/or private agency that will be responsible for operation,
maintenance and/or en orcement or the toll project or study?
It is anticipated that the Florida Department of Transportation, which currently has responsibility for the
maintenance and reconstruction projects on US 1 in Monroe County will remain the agency responsible for the
transportation projects and also be responsible toll operations, and the Florida Department of Revenue would be
the agency responsible for distributing the environmental share of the toll revenues to the county and
municipalities for their wastewater, re -use, and storm water projects.
AV Please provide a description of how, if at all, any private entities are involved in the up -front costs, or will
share in project nqpqnsiWifies debt retiremen4 or revenues?
An entity may be contracted pursuant to a competitive selection process to assist or develop the full tolling
project, if the state and federal authorities to pursue the project indicate that the concept has viability. Further,
once tolling is established, any issuance of revenue bonds would probably be done almost entirely through
contracted agents.
This request is being pursued in order to enable the local governments to complete projects for which federal
and state funding have been authorized in recognition of the grave environmental concerns and the value to the
state and nation of the unique environment of the Florida Keys and its many endangered and threatened species
of both animals and plant life, but only partially appropriated and disbursed.
Section 313(e) of P.L.104-59, National Highway Systems Act of 1995, provides:
(e) Collection of Tolls To Finance Certain Environmental Projects in
Florida. --Notwithstanding section 129(a) of title 23, United States
Code, on request of the Governor of the State of Florida, the Secretary
shall modify the agreement entered into with the transportation
department of the State under section 129(a)(3) of such title to permit
the collection of tolls to liquidate such indebtedness as may be
incurred to finance any cost associated with a feature of an
environmental project that is carried out under State law and approved
by the Secretary of the interior.
Page 4 of
Expression of Interest-FHWA Office of Operations
version 1.012/05
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, January 19, 2011
Key West, Florida
201111
The Regular Meeting of the Monroe County Board of County Commissioners convened
at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were
Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice,
Commissioner Kim Wigington, and Mayor Heather Carruthers. Also present at the meeting were
Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator;
Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Pamela G. Hancock, Deputy Clerk;
County Staff, members of the press and radio; and the general public.
Item B 1 Presentation of Years of Service Award for 25 years of service to Tom Hambright,
Librarian, Local History, Key West Library.
Item B2 Presentation of Employee Service Award for November, 2010 to Louise Basham,
Insurance Specialist, Employee Services Division, Employee Benefits, Key West.
Item B3 Presentation of Mayor's Proclamation declaring January 2011 as Sculpture Key
West month.
Item B4 Presentation of Mayor's Proclamation declaring February 5, 2011 as Key West
International Airport Appreciation Day.
MISCELLANEOUS
Captain Patrick deQuattro, United States Coast Guard, gave the Board an update
on Deep Water Horizon. Captain deQuattro announced a seminar for Maritime Pollution
Response and Planning on the 17th of February at the Marathon Government Center and that all
elected officials, across all municipalities in Monroe County, will be invited as well as the public
will be invited. The Board presented Captain deQuattro with an Honorary Conch Certificate and
a gold conch shell.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Motion was made by Commissioner Neugent and seconded by Commissioner
Wigington granting approval of the Additions, Corrections, and Deletions to the Agenda.
Motion carried unanimously.
201111 i
Item Q7 Rick Boettger addressed the Board. Bob Shillinger, Chief Assistant County
Attorney and Suzanne Hutton, County Attorney addressed the Board. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and
authorizing execution of an Agreement for Professional Services between Monroe County and
Carr, Riggs & Ingram, LLC in connection with Monroe County and Roman Gastesi v. Stand Up
for Animals, Inc., Circuit Court Case No. CAK 10-1050. Motion carried unanimously.
Item Q8 Suzanne Hutton, County Attorney discussed approval to prepare and submit an
Expression of Interest to the Federal Highway Administration (FHA) to set forth the County's
interest in pursing an agreement whereby a toll could be placed on US 1 on Key Largo and a
portion of the toll proceeds could be used for wastewater and stormwater. Roman Gastesi,
County Administrator addressed the Board. The following individual addressed the Board:
Pauline Klein. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Rice granting approval to send the letter to FHA and to include reuse. Roll call
vote carried
Item Q11 Bob Shillinger, Chief Assistant County Attorney addressed the Board. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to
adopt the following Resolution calling on the U.S. Congress to amend the National Flood
Insurance Act to direct FEMA to refrain from issuing flood insurance for new construction on
vacant properties which contain suitable habitat for threatened and endangered species and
authorizing staff and Cardenas Partners to initiate efforts to lobby Congress to assist with this
initiative. Roll call vote carried unanimously.
RESOLUTION NO.034-2011
Said Resolution is incorporated herein by reference.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Pamela G. Hancock, Deputy Clerk
Board of County Commissioners
RESOLUTION NO. 118 -1999
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS IN SUPPORT OF THE CONCEPT OF ESTABLISHINd A410 -n
'TRANSPORTATION TOLL ON U.S. 1 TO ASSIST IN FUND19G3:- rrn
IMPLEMENTATION OF THE MONROE COUNTY YEAR 2010 COMPRIfI► c3
PLAN POLICY 101.2.13
(FIVE YEAR WORK PLAN)
WHEREAS, an incredible variety of state and national resources are contain ggt�j the o
boundaries of Monroe County, represented in numerous aquatic preserve n4onle o
wildlife refuges, state and national parks, national marine sanctuaries and thousands o�
acres of wilderness designated lands; and
WHEREAS, local, state and federal interests have made significant investments in
pursuing the protection of these unique resources over the past several decades; and
WHEREAS, Monroe County has been designated an Area of Critical State Concern and
has developed a comprehensive plan to accomplish unique land use goals such as water
quality and land acquisition; and
WHEREAS, while Monroe County welcomes the seasonal tourist population to the Keys,
the Commission desires that they contribute toward alleviating their impacts; and
WHEREAS, many of the visitors to the Florida Keys utilize U.S. 1 as the means of
entering this area; and
WHEREAS, Monroe County and the State of Florida have spent eight (8) years preparing
and deliberating the successful adoption of a comprehensive land use plan intended to
reconcile the outstanding issues which continue to threaten the vitality of these recourses;
and
WHEREAS, Monroe County is concerned about the quality of water, the need for land
acquisition, the availability of affordable housing, and the availability of recreational
opportunities for residents; and
WHEREAS, Policy 101.2.13, the Five Year Work Plan, identifies the actions, responsible
agencies, and timetable with which those agreed upon actions must be implemented,
including land acquisition, wastewater improvements, and stormwater management; and
WHEREAS, Policy 4 commits Monroe County, with the assistance of the Department of
Community Affairs, to report to the Legislature the full fiscal cost of implementing the
Plan, the state and local shares of such implementation, and recommendations for funding
initiatives and alternatives for implementation; and
HISTORY 16 of 18
WHEREAS, Policy 1 of the Monroe County Year 2010 Comprehensive Plan recognizes
that implementation of this plan will require funding which exceeds the reasonable
budgetary constraints of Monroe County, and that as an Area of Critical State Concern
and site of unique natural resources of national importance, Monroe County should not be
expected to bear the sole burden of implementing these policies without substantial
financial assistance from state and federal partners; and
WHEREAS, the proper implementation of the Five Year Work Plan is anticipated to be
in the hundreds of millions of dollars; and
WHEREAS, the success of efforts to secure assistance from state and federal partners
requires clear guidance to these partners from Monroe County; and
WHEREAS, Monroe County is pursuing local funding initiatives as well as creative
funding partnerships to assure successful implementation; and
WHEREAS, a non -transportation toll on U.S.l has been identified both now and in past
discussions as a possible source of funding for such comprehensive plan implementation;
and
WHEREAS, tolls have been established in other areas to assist with non -transportation
costs associated with secondary effects of transportation impacts including the Alligator
Alley toll adopted by the Florida Legislature in the Everglades Forever Act and by the
United States Congress; and
WHEREAS, the State Administration Commission met on March 9, 1999, and approved
a proposed Rule amending the original Five -Year Work Plan and identifying actions and
criteria to continue the implementation of the Monroe County 2010 Comprehensive Plan
and especially identifying the steps necessary to protect and improve water quality and
protection of the environment; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Board of County Commissioners desires to continue the
implementation of the Monroe County 2010 Comprehensive Plan and seeks the
assistance of federal and state agencies in the financing of the implementation of that
Plan, as provided in the proposed Rule.
Section 2. The Monroe County Board of County Commissioners supports the
implementation of a toll on U.S.I in Monroe County for the purpose of providing needed
financial resources for such implementation, including funding for such activities as
support for publicly issued bonds, support for direct cost of activities, and support for
preliminary expenses leading to the implementation of the Comprehensive Plan.
2 HISTORY 17 of 18
Section 3. The Monroe County Board of County Commissioners supports the
implementation of a toll on U.S. 1 in Monroe County for such purposes as wastewater
treatment facilities, stormwater management, property acquisition, and other
environmental needs of the Florida Keys Area of Critical State Concern.
Section 4. The Monroe County Board of County Commissioners' funds for
the above purposes may be made available through the appropriate channels to Monroe
County government, the Monroe County Land Authority, or the Florida Keys Aqueduct
Authority as appropriate to implement the 2010 Comprehensive Plan.
Section 5. This resolution shall be forwarded to the Governor of the State of
Florida and the Monroe County Legislative Delegation.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting of said Board held on the 24`h day of March, 1999.
Mayor Wilhelmina Harvey
Mayor Pro Tern Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
DANNY L. KOLHAGE
Clerk
Yes
Yes
Yes
No
_Yes_
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
AP O
Al IEGb AS ro F
B S F/C M
DArER08 Rr N,
HISTORY 18 of 18
Transportation and Community and System Preservation (TSCP) Program - FHWA
Page 1 of 2
Planning
TCSP
i
I ,�
FHWA> HEP > Planning
— TCSP
Transportation, Community, and
System Preservation Program
*** FY 2011 TCSP
Announcement ***
2011 TCSP Grant Program
In an effort to put transportation funds to work
for States and localities, the U.S. Department
of Transportation is soliciting applications for
FY 2011 TCSP grant applications.
Applications submitted should support
planning, development, and implementation
of strategies to integrate transportation,
community and system preservation plans
and practices.
For more details about the FY 2011 TCSP
grant program and selection criteria, please
visit
All applications are due by June 3, 2011
The Transportation, Community, and System Preservation (TCSP) Program is a
comprehensive initiative of research and grants to investigate the relationships between
transportation, community, and system preservation plans and practices and identify
private sector -based initiatives to improve such relationships. States, metropolitan planning
organizations, local governments, and tribal governments are eligible for discretionary
grants to carry out eligible projects to integrate transportation, community, and system
preservation plans and practices that:
Improve the efficiency of the transportation system of the United States.
Reduce environmental impacts of transportation.
Reduce the need for costly future public infrastructure investments.
Ensure efficient access to jobs, services, and centers of trade.
Examine community development patterns and identify strategies to encourage
private sector development patterns and investments that support these goals.
Section 1117 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU, Public Law 109-203) authorized the extension of TCSP
Program funds through FY 2011.
The TCSP Program is a FHWA Program being jointly developed with the Federal Transit
Administration, the Federal Rail Administration, the Office of the Secretary, and the
http://www.fbwa.dot.gov/tcsp/ 6/3/2011
Transportation and Community and System Pceuorva1ou(TSCP) Program -FIlWA Page 2ofZ
Research and Innovative Technology Administration within the USDepartment of
Transportation, and the USEnvironmental Protection Agency.
Additional Program Information
mprovide Feedback, Suggestions mComments for this page contact Wesley Blount at
This page last modified on May 19, 2011
TQSP Home I FHWA Horne I Eped� ��k I Proyacy Notice I Site Map
Federal Highway Administration United States Department of Transportation
Selection Criteria and Additional Information - Transportation, Community, and System ... Page 1 of 6
2011 Discretionary Grant Programs
Transportation, Community, and System Preservation
Program - Selection Criteria and Additional Information
The Transportation, Community, and System Preservation (TCSP) Program provides funding for a
comprehensive initiative including planning grants, implementation grants, and research to investigate
and address the relationships among transportation, community, and system preservation plans and
practices and identify private sector -based initiatives to improve those relationships.
States, metropolitan planning organizations, local governments, and tribal governments are eligible
for TCSP Program discretionary grants to plan and implement strategies which improve the efficiency
of the transportation system, reduce environmental impacts of transportation, reduce the need for
costly future public infrastructure investments, ensure efficient access to jobs, services and centers of
trade, and examine development patterns and identify strategies to encourage private sector
development patterns which achieve these goals.
Additional information on the TCSP Program can be found at
hqp:/,Iwww.fhwa.dot.aov/tcs,p/index.html.
STATUTORY REFERENCES:
TEA-21 Section 1221
SAFETEA-LU Section 1117
FUNDING:
Funded by contract authority; funds are not transferable. Funds are subject to the overall Federal -aid
highway obligation limitation. Funds are to be allocated by the Secretary to States, metropolitan
planning organizations, local and tribal governments, ensuring an equitable distribution to a diversity
of populations and geographic regions.
The Federal share payable shall be 80% or subject to the sliding scale rate under 23 USC 120(b).
ELIGIBLE USE OF FUNDS:
Funds may be used to carry out eligible projects to integrate transportation, community, and system
preservation plans and practices that:
1. Improve the efficiency of the transportation system of the United States,
2. Reduce the impacts of transportation on the environment.
3. Reduce the need for costly future investments in public infrastructure.
http://www.fhwa.dot,gov/discretionary/tcsp20l I selc.htm 6/3/2011
Selection Criteria and Additional Information - Transportation, Community, and System ... Page 2 of 6
4. Provide efficient access to jobs, services, and centers of trade.
5. Examine community development patterns and identify strategies to encourage private sector
development.
Eligibility is broadly defined as a project eligible for assistance under Title 23 or Chapter 53 of Title
491, or any other activity the Secretary determines to be appropriate to implement transit -oriented
development plans, traffic calming measures, or other coordinated TCSP practices.
The Secretary of Transportation will make grants for projects from States, metropolitan planning
organizations, local governments, and tribal governments, with priority consideration given to
projects that meet all of the following:
1. Have instituted preservation or development plans and programs that -
A. are coordinated with State and local preservation or development plans, including transit -
oriented development plans;
B. promote cost-effective and strategic investments in transportation infrastructure that
minimize adverse impacts on the environment; or
C. promote innovative private sector strategies;
2. Have instituted other policies to integrate transportation, community, and system preservation
practices, such as -
A. spending policies that direct funds to high -growth areas,
B. urban growth boundaries to guide metropolitan expansion;
C. "green corridors" programs that provide access to major highway corridors for areas
targeted for efficient and compact development; or
D. other similar programs or policies as determined by the Secretary;
3. Have preservation or development policies that include a mechanism for reducing potential
impacts of transportation activities on the environment;
4. Demonstrate a commitment to public and private involvement, including the involvement of
nontraditional partners in the project team; AND
5. Examine ways to encourage private sector investments that address the purposes of this section.
PROJECT SELECTION CRITERIA:
FHWA has not established regulatory criteria for the selection of TCSP projects; however, FHWA
notes that the following criteria will also be considered in the evaluation of candidates for this
program:
Livability - Priority will be given to requests that address livability, especially from a highway
perspective. This would include, but is not limited to, activities such as:
• Operational improvements
• Safety improvements
• Complete street strategies
• Traffic calming
http://www.fhwa.dot.gov/discretionary,ltcsp20l I selc.htm 6/3/2011
Selection Criteria and Additional Information - Transportation, Community, and System ... Page 3 of 6
• Street connectivity improvements
• Reduction of conflicts through access management
• Development of livability plans
• State of Good Repair - Improving the condition of existing transportation facilities and
systems, with particular emphasis on projects that minimize life -cycle costs.
• Safety - Improving the safety of U.S. transportation facilities and systems.
• Expeditious completion of project - Consideration is given to requests that will expedite the
completion of a viable project. This is a project's ability to be expeditiously completed within
the limited funding amounts available.
• State priorities - For States which more than one project is submitted. Consideration is given
to the individual State's priorities. Applicants other than the State should coordinate with the
State department of transportation to ensure prioritization.
• Leveraging of private or other public funding - Because the requests for funding far exceed
the available TCSP funds, commitment of other funding sources to complement the requested
TCSP funding is an important factor.
• Amount of TCSP funding - The requested amount of funding is a consideration. Realizing the
historically high demand of funding under this program and the very limited amount of funding
available, modest sized requests to allow more States to receive funding under this program are
given added consideration.
• National Distribution - National geographic distribution of funding in both urban and rural
areas.
Applicants are strongly encouraged to coordinate applications with the State department of
transportation and metropolitan planning organization to ensure proposals are consistent with
statewide and metropolitan planning requirements.
Applicants other than State departments of transportation should document that they are authorized to
submit grant applications on behalf of their metropolitan planning organization, or local or tribal
government, and that the project has the support of such.
Applicants other than State departments of transportation should also demonstrate how they will meet
the requirements of Title 49 of the Code of Federal Regulations Part 18, including financial
management standards and audits. In addition, they should discuss how they will meet other Federal
requirements such as Title 23 of United States Code, Title VI of the Civil Rights Act, environmental
laws and standards including the National Environmental Policy Act and the National Historic
Preservation Act, the Uniform Relocation Act, and other applicable Federal laws and regulations.
SUBMISSION REQUIREMENTS:
Applications are due from the State departments of transportation (State DOTs), metropolitan
planning organizations, local governments, and tribal governments to the Federal Highway
Administration (FHWA) division offices by June 3, 2011.
The following information must be included to properly evaluate the candidate projects. The
appropriate division office must submit the applications by electronic mail in Microsoft Word format.
Those applications that do not include these items are considered incomplete and will not be
considered in the evaluation selection process.
1. State in which the project is located.
2. County in which the project is located.
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Selection Criteria and Additional Information - Transportation, Community, and System ... Page 4 of 6
3. U.S. Congressional District No.(s) in which the project is located. This is the U.S.
Congressional District, not the State district.
4. U.S. Congressional District Member's Name(s). This is the U.S. Congressional District
representative, not the State legislature.
5. Project Title - This should be a very short project description that readily identifies the project,
or is commonly used to describe the facility or project.
6. State Priority - The State department of transportation should rank each project submitted
within the State as to priority. For example. if five projects are submitted within a State, they
should be ranked 1 to 5 with 1 being the highest priority.
7. Project Location - Describe the specific location of the project, including route number and
termini, if applicable. Also include appropriate local jurisdiction in which the project is located.
8. Project Abstract - Describe project work that is to be completed under this particular request,
and whether this is a complete project or part of a larger project. (Maximum: 4 Sentences)
9. Project Narrative - This should include a list of the needs for the project and how each of
those needs will be addressed by completion of the project. Other transportation benefits that
will result from completion of the project, such as improved public safety, economic
development, community enhancement, etc., should be described. (Maximum: 2 Pages)
10. Amount of Federal TCSP Funds Requested - Indicate the total cost of the proposed work
along with the amount of TCSP funds being requested (the maximum Federal share for this
program is 80 percent). The State may request partial funding (less than the 80 percent
maximum), committing a larger portion of State or local funds. If the State is willing to accept
partial funding of the request, that should be indicated. Partial funding along with the
commitment of other funds will be used to determine leveraging of funds and allow funding to
more projects since the requests far exceed the funding available.
11. Commitment of Other Funds - Indicate the amounts and sources of any private or other
public funding being provided as part of this project. Only indicate those amounts of funding
that are firm and documented commitments from the entity controlling the funds.
12. Previous TCSP Funding - Indicate the amount and Federal fiscal year of any previous TCSP
funds received for this project
13. Project Administration - Indicate whether the project is being administered by the State
transportation department, an Indian tribe, or a county, or other local jurisdiction. This
information is needed to determine to whom to allocate the funds if the project is selected for
funding. If the project is to be allocated to other than the State department of transportation,
indicate coordination with State department of transportation and the metropolitan planning
organization, ability to act on behalf of the applicant jurisdiction, and ability to meet Federal
funding requirements
14. Project Schedule - The anticipated project schedule (assuming the requested TCSP funding is
provided) is required. The schedule should show how the work will be commenced in the fiscal
year for which the funds are being requested, and the anticipated completion date of the work.
Applications should only be submitted for projects that are ready to advance if the funding
request is met.
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Selection Criteria and Additional Information - Transportation, Community, and System ... Page 5 of 6
If the applicant desires to submit additional information, such as maps, pictures, copies of support
letters etc., those items must be submitted electronically to the FHWA division office, who will
submit them to Headquarters. This additional information should be identified by the State and
Project Title that matches items 1 and 5 of the electronic application. These additional items are not
required and should not be relied upon to meet the application submission requirements above. Any
support letters should be addressed and sent to the Federal Highway Administrator, who is the official
ultimately responsible for selecting projects for funding.
The applications must be submitted electronically in Microsoft Word format (see Attachment 2).
When submitting the project applications, the division office shall transmit them via email to the
attention of Wesley Blount at r'eslev.i31<)UnT' dot,gov. Transmittal should include:
a. a statement from the division office that the submittal has been reviewed by the division office
and that it meets the submission requirements;
b. the applicants submission e-mail or letter to the FHWA division office, and
c. each Microsoft Word application as an attachment.
ANNOUNCEMENT OF AWARDS I ALLOCATION OF FUNDS:
After the applications are received and projects are selected for funding, it is required that Congress
be notified before the funds are allocated to the States. When this Congressional notification process
is completed, the Office of Planning, Environment and Realty will issue an announcement by email to
all FHWA division offices, announcing the TCSP projects that will be funded and the amount of
funding for each project.
At that time, States may request that funds be allocated for any projects for which the funds are ready
to be obligated. The State transportation agency shall send an email to the FHWA division office
indicating the project, the amount requested for allocation, and the date by which the funds will be
obligated. The Office of Planning, Environment and Realty will issue the allocation memorandum
within a few days of receiving the allocation request from the division office.
STATE TRANSPORTATION AGENCY RESPONSIBILITIES:
1. Coordinate with State, metropolitan planning organizations, local, tribal, and Federal agencies
within the State to develop project applications.
2. Ensure that the applications are completed for candidate projects in accordance with the
submission requirements outlined above.
3. If required, establish priorities if more than one project is submitted for the State.
4. Submit the applications electronically to the local FHWA division office on time so that the
submission deadline can be met.
5. Submit request to FHWA division office for allocation of funds, after awards are announced,
and when project funds are ready to be obligated.
FHWA DIVISION OFFICE RESPONSIBILITIES:
1. Provide the solicitation memorandum and this program information to the State transportation
agency electronically to facilitate their electronic submission of applications.
2. Request candidate projects be submitted by the State to the FHWA division office
electronically to meet the submission deadline established in the solicitation.
http://w-ww.fhwa.dot.gov/discretionary/tcsp20l I selc.htm 6/3/2011
Selection Criteria and Additional Information - Transportation, Community, and System ... Page 6 of 6
3. Review all candidate applications submitted by the State prior to sending them to FHWA
Headquarters to ensure that they are complete and meet the submission requirements.
4. Submit the candidate applications electronically to FHWA Headquarters Office of Planning as
outlined in the solicitation memorandum. Include the following with the transmitting email
message:
a. Statement from the division office that the State's submittal has been reviewed by the
division office and that it meets the submission requirements.
b. State transportation department submission email or letter to the FHWA division office.
c. Each Microsoft Word TCSP grant application as a separate attachment.
5. Forward award announcement to the State.
6. Forward allocation requests from State to the Office of Planning, Environment and Realty
1. Solicit applications from the States through annual solicitation memorandum.
2. Review applications and compile appropriate program and project information for the Federal
Highway Administrator.
3. Issue award announcement via email to all FHWA division offices.
4. Allocate funds upon receipt of request from State through the FHWA division office.
through
last modified: May 5, 2011
http://www.fhwa.dot-gov/discretionar,v/tcsp20l I selc.htm 6/3/2011
Section 1117 - TCSP Program
Page 1 of 2
Planning
MTCSP
I .
FHWA > HEP > Planning > TCSP > Documents
SEC. 1117. TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION
PROGRAM
SEC. 1117. TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION
PROGRAM.
(a) ESTABLISHMENT. - In cooperation with appropriate State, tribal, regional, and
local governments, the Secretary shall establish
a comprehensive program to address the relationships among transportation,
community, and system preservation plans and practices
and identify private sector -based initiatives to improve such relationships.
(b) PURPOSE. - Through the program under this section, the Secretary shall facilitate
the planning, development, and implementation
of strategies to integrate transportation, community, and system preservation plans and
practices that address 1 or more of the
following:
1. Improve the efficiency of the transportation system of the United States.
2. Reduce the impacts of transportation on the environment.
3. Reduce the need for costly future investments in public infrastructure.
4. Provide efficient access to jobs, services, and centers of trade.
5. Examine community development pattems and identify strategies to encourage private
sector development that achieves the purposes identified in paragraphs (1) through (4).
(c) GENERAL AUTHORITY. - The Secretary shall allocate funds made available to
carry out this section to States, metropolitan
planning organizations, local governments, and tribal governments to carry out eligible
projects to integrate transportation, community,
and system preservation plans and practices.
(d) ELIGIBILITY. - A project described in subsection (c) is an eligible
project under this section if the project -
1. is eligible for assistance under title 23 or chapter 53 of title 49, United States Code; or
2. is to conduct any other activity relating to transportation, community, and system
preservation that the Secretary
determines to be appropriate, including corridor preservation activities that are
necessary to implement 1 or more of the following:
A. Transit -oriented development plans.
B. Traffic calming measures.
C. Other coordinated transportation, community, and system preservation
practices.
(e) CRITERIA. - In allocating funds made available to carry out this section, the
Secretary shall give priority consideration to applicants
that -
1 . have instituted preservation or development plans and programs that -
http://www.fhwa.dot.gov/tcsp/sec 1117.htm 5/26/2011
Section 1117 - TCSP Program
Page 2 of 2
A. are coordinated with State and local preservation or development plans, including
transit -oriented development plans;
B. promote cost-effective and strategic investments in transportation infrastructure that
minimize adverse impacts on the environment; or
C. promote innovative private sector strategies;
2. have instituted other policies to integrate transportation, community, and system
preservation practices, such as -
A. spending policies that direct funds to high -growth areas;
B. urban growth boundaries to guide metropolitan expansion;
C. "green corridors" programs that provide access to major highway corridors for areas
targeted for efficient and compact development; or
D. other similar programs or policies as determined by the Secretary;
3. have preservation or development policies that include a mechanism for reducing
potential impacts of transportation
activities on the environment;
4. demonstrate a commitment to public and private involvement, including the
involvement of nontraditional partners
in the project team; and
5. examine ways to encourage private sector investments that address the purposes of
this section.
(f) EQUITABLE DISTRIBUTION. - In allocating funds to carry out this section, the
Secretary shall ensure the equitable distribution of
funds to a diversity of populations and geographic regions.
(g) FUNDING. -
1. IN GENERAL. - There is authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account)
to carry out this section $25,000,000 for fiscal year 2005 and $61,250,000 for each of
fiscal years 2006, 2007, 2008, and
2009.
2. CONTRACT AUTHORITY. - Funds made available to carry out this section shall be
available for obligation in the same
manner as if the funds were apportioned under chapter 1 of title 23, United States
Code; except that such funds shall not
be transferable, and the Federal share for projects and activities carried out with such
funds shall be determined in accordance
with section 120(b) of title 23, United States Code.
(h) CONFORMING AMENDMENT. - Section 1221 of the Transportation Equity Act for
the 21st Century (23 U.S.C. 101 note; 112 Stat.
221) is repealed.
This page last modified on April 4, 2011
ICS' Home J l'vJA me J Foebac J Priax otie J City gv1a
Federal Highway Administration - United States Department of Transportation
http.//",ww.fhwa.dot.gov/tcsp/sec 1117.htm 5/26/2011
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 19, 2011 {Key West)_ Department: County Attorney
Bulk Item: Yes X No — Staff Contact: Suzanne Hutton # 3473
AGENDA ITEM WORDING: Approval to prepare and submit an Expression of Interest to the
Federal Highway Administration to set forth the County's interest in pursuing an agreement whereby a
toll could be placed on US I on Key Largo and a portion of the toll proceeds could be used for
wastewater and storm water.
ITEM BACKGROUND: In order to start a dialogue with the federal government about the
possibility of a toll on US 1, a portion of which would be designated to fund local government
wastewater and storm water projects, the interested agency needs to submit an expression of interest.
The BOCC has talked about various ways to generate revenue to help complete the projects since the
subsidization monies from the state and federal governments has not been disbursed as promised, and
their fiscal problems indicate that the funding will not be available in the foreseeable future. One
revenue idea discussed several times has been a toll on US I similar to the toll on Alligator Alley, a
portion of 1-75, part of which toll is used for Everglades restoration.
(Blank form is in back-up for placement on agenda. As much completion as possible will be provided
for the revised agenda.)
PREVIOUS RELEVANT BOCC ACTION: Approval of resolution No, 118-1999, a copy of which
is in the agenda back-up.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST: Staff time to prepare $750 to $1,500 BUDGETED: Yes No —
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING. Yes — No AMOUNT PER MONTH— Year
APPROVED BY: Xf n -ID.,
County Atty X; OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
AGENDA ITEM #
Revised 1/09
C
UNTY SO�M.CINROE
► EY VWM 33000
loos) 2N-.e.+
Suzanne A. Hutton, County Attorney —
Robert B. Shim Cher Assistant County Attorney "
Pedro J. Mercado. Assistant County Attorney s'
Susan M. Grimsky, Assistant County Attorney :.
Nstileae W. Cassd, Assistant County Attorney
Cynihm L. Hall, Amstew County Attorney
(buis Lambert Bsrroas, Assistant County Attorney
Derek V. Howa4 Assistant Canty Amorney
IAA Granger, Amutmt Canty Attorney
- Boud Ca dSed is City, County tit Locsi ciovt. law
Ilk
January 27, 2011
Toiling and Pricing Team
Federal highway Administration
Office of Innovative Program Delivery
Attn: Patrick DeCorla-Souza
1200 New Jersey Avenue, SE, Mail Stop E84-320
Washington, DC 20590
RE: Letter of Expression of Interest
Dear Mr. DeCoria-Souza:
BGWUW OF COUNTY
Miayw HeaOW C ffne % Mild 3
Mayor Pro Tem DVM Rke, Mild 4
Kkn Wlgkgtort, DWykt 1
George Neugent, Miict 2
Sylvia I hhrphy, Vabid 5
Office of the County Attorney
1111 1P Street, Suite 409
Key West, FL 33040
(305) 292-3470 — Phone
(305) 292-3516 — Fax
Enclosed is an Expression of Interest form completed to explore the possibility of a toll
on US 1 in the Florida Keys, particularly with a portion of the toll being used for certain
environmental projects as authorized under Section 313(e) of P.L. 104-59. Included are
several exhibits showing both previous county commission support and a compilation of
information about other toll roads, particularly Alligator Alley, which is part of the
interstate system and for which a portion of the toll is designated for restoration of the
Everglades.
Although I felt that I probably could submit the Expression of Interest form without taking
the matter back to the Board of County Commissioners for specific approval, in an
abundance of caution to ensure that they were rot only still generally in favor of
exploring the idea of a toll but that they were comfortable with the specific language of
the Expression and the back-up material, I did submit the Expression of Interest to them
for approval on January 19, 2011. They required slight revision to include reuse with
wastewater and storm water for the protection and improvement of near -shore waters.
Behind a bright yellow dividing paper, I have added to the Expression of Interest,
revised per the county commission direction, and the exhibits to which it refers, copies
of the minutes from the January 19th meeting and the agenda item summary which was
also submitted to the county commission, to further show that the local interest is
current
Please let me know if there is anything else which we may be able to provide to assist
you in your review of the Monroe County Expression of Interest. I hope that you and
your team will find that the federal and state interests in protecting the waters of the
Florida Keys warrant further exploration of the possibility and will soon be advising me
as to the next steps in your process.
Sincerely
Suzanne A. Hutton
County Attorney
cc:
Florida Division Federal Highway Administration
Roman Gastesi, County Administrator
u,s, Dqwbmm Twniportedon
Federal HWWay Ad mirisiradw
Tolling and Pricing Opportunities
Egression oflnterest
If you have any questions completing this f mn, Please contact Patrick DeCarla-Souza at (202) 366-4076. Please complete
all applicable information and attach this request via email to iili l_-_ _ s.ical.� or via U.S. mail to:
Tolling and Pricing Team
Federal Highway Administration
Office of innovative program Delivery, Attn: Patrick DeCoria-Souza
1200 New Jersey Avenue, SE, Mail Stop E84-320
Washington, DC, 205"
Please copy your respective FHWA State Division Office
A} What is the requesting agency, authority, or public company? What is the lead ofj9ce *Wfun the
Name(s):
Board of County Commissioners of Monroe County, Florida
Project Website (if applicable) or Yo urAgen cylCompany Website: !tSk' i ,I e:xt �l, ;�-
= , «4
Name: Suzanne A. Hutton
7a11e: County Attorney
Address: PO Box 1026, Key West, Fl. 33041-1026
Phone: (305)292-3470
E-mail: hutton-suzannda)monroemunty-fLoov
What is the requestinx azencyseeking? Mkaw mark ammPriate bo
❑ Funding ONLY for this project or study (Federal authority already granted or not necessary).
❑ Federal Tolling Authority ONLY for this project or study (no funds requested).
❑ Funding AND tolling authority for this project or study.
❑ Other, not listed.
Please briefly elaborate: Moms County is seeking an agreement for toiling authority similar to that made
available under Section 313(e) of P.L.104-59, National Highway Systems Act of 1995, on a section of Interstate
75 known as Alligator Alley, which allows a percentage of the toll revenues to be used for environmental
purposes.
D} Pleaseprovide a brief description of the tolling orpricingproject or study. Please identify and describe the
subjed facility or general area to be tolled: priced or studied 6.& name ofprejeWstudy, location, length,
level of service, problem to be addressed op }t
Monroe County, Florida is comprised of two distinguishable segments, a mainland portion which is
encompassed almost entirely within the Everglades National Park, and the 120-mile island chain known as the
Florida Keys. State and federal interests in the county are evidenced by several national* and state" refuges,
Parks and sanctuaries, and a substantial percentage of the land mass in public ownership for conservation
purposes. US Highway 1 is the common link between the majority of inhabited islands. It is desired to obtain
Rinds via a toll, and possibly three tolls as one travels down US 1 to the City of Key West, to finance projects
targeted by both the state and federal governments as important to the environment of national interest —
Pap I of
Exprtsswn ofiatmM-FHWA office ofopaatioas
Version 1.012105
U.S. Department of Trensportatk+n
Federal Highway Administration
Tolling and Pricing Opportunities
E.mression of Interest
specifically wastewater, ro-use, and storm water projects to protect and improve the near -shore waters. Funds
have been authorized by bath the state and federal governments to supplement local funding to achieve specific
wastewater treatment goals, but less than one-third of the combined state and federal monies authorized since
the year 2000 have been appropriated and disbursed. Expectations of receipt of the remaining promised grant
funds have been extremely diminished by economic problems of all levels of government.
A study has established that approximately one-third of the residential property owners, many retirees on faced
income or blue collar workers, would be economically burdened if their share of the infrastructure development
costs exceeds $4,500. Accordingly, most of the affected governmental entities have assessed system
development, capacity, or connection fees in the amounts of $4,5W to $6,000. Since the area of the
uninmporated county remaining to be sewered is the most rural of the areas identified in the Monroe County
Sanitary Master Plan, the costs attributable to the central wastewater project are much higher than those in areas
which have, for the most part, been addressed and are nearing completion or completed. The remaining area
probably contains a higher percentage of economically disadvantaged residents than the county population in
general. Areas which have finalized or are near completion of their wastewater and reuse projects still have
storm water work to do but have little if any funding opportunities available with which to address those
projects.
TheCounty has little realistic expectation that the promised state and federal monies authorized for wastewater,
re -use, and storm water projects which remains to be appropriated will ever be made available. It is therefore
desired to pursue measures of self-help to generate revenue to supplement the projects remaining in order to be
able to complete the projects critical to environmental protection without imposing assessments which are both
oppressive and inequitable in light of assessments for prior projects which received federal and state grant funds.
*Florida Keys National Marine Sanctuary, National Key Deer Refuge, Crocodile Lake National Refuge, Great
White HeronNational Wildlife Refuge, Key West National Wildlife Refuge, Everglades National Park, Dry
Tortugas National Park. Of the 28 national refuges in the state of Florida, 4 are within Monroe County.
** Dagny Johnson Key Largo Hammock Botanical State Park, John Pennekamp Coral Reef State Park,
Windley Key Fossil Reef Geological State Park, Lignumvitae Key Botanical State Park, Indian Key Historic
State Park, San Pedro Underwater Archaeological Preserve State Park, Long Key State Park, Curry Hammock
State Park, Bahia Honda State Paris, Fort Zachary Taylor Historic State Park.
E W ch &Pe Offaciftis proposed to he tolled or studied?
D Interstate
D Non Interstate
❑ Project contains both types of facilities
D Project is not specific to any type of facility
construction
LINO 0 Yes (rf so, please mark all that apply) ON& applicable —
17New construction O&pansion ORehabilitation OReconstruction
CIHOF to HOT Conversion 0other not listed.
Please briefly elaborate It is anticipated that if a toll is authorized, it will designate a portion of the revenue for
maintenance and reconstruction projects on US 1, and a portion would be designated for the wastewater/re-
uselstorm water projects. The costs of constructing and operation the new technology of camera tolling would
be expected to be covered by the toll as well.
Expression of tntcrm-FHwA Ofte of opeatiom
yesion 1.012105
US. DepwV erd of Transportadai
Federal Highway Administration
7 T-' T r t
1 L7No L7Yes ONot applicable
Tolling and Pricing t?pportuniges
Egression oflnterest
What is the timetable to enact the toHing or pricinproject or ?
The County is mandated to complete its wastewater projects by December 31, 2015. The state legislature is in
session from March through the first week in May, and the County will be seeking legislation to authorize the
dual purpose uses of a toll on US 1 in Monroe County. Therefore, an agreement with the FHWA is desired to be
reached within that time frame, or certainly no later than December 2011, in order to get the state legislation in
the 2012 session in order to implement the camera toiling construction and operation to commence revenue
generation by October 1, 2012, and finalize the finding plan for the remaining wastewater project.
Ij Are there expressions of support from public officials or the public? Have any public meetings been held?
If no public meetings or expressions of support are available, please indicate the agency's plans for
ensu ' uate Public involvement and spee—bm Public surportfor the toll 'ect or study
Attached as Exhibit 1 is a copy of Resolution No. 118-1999 in support. Also attached we, as Exhibit 2, an
agenda item submitted by Commissioner Heather Carruthers to the Board of County Commissioners at its
January 20, 2010 meeting, and, as Exhibit 3, a copy of page 13 of the minutes of that meeting showing
discussion but no action to supplement or replace the prior resolution.
.0 Where known (and if applicable), what is plan for implementing tons or prices and the strategies to vary
toll rates orprkm xe. the ormulae or var iable n P
There has only been limited staff discussion beyond the initial discussions reflected in pages 3 through 5 of the
history segment of the ll20110 agenda item, as to the possibility of establishing more than one toll, so that those
people going only to locations within the first 20 or 30 miles would not have to pay as much as those people
using the entirety of US 1. As noted in the pages 3 through 5 of the history segment, the commission discussions
have ranged from $2 to $6, and took place at a time when technology that is available today was not available
and therefore costs of operating and maintaining toll booths were part of the discussion.
JV What is the reasons of the toll pTject or study? Please mark all that
QFinancing construction
O Reducing congestion
OImproving air quality
17Other not listed.
Please briefly elaborate: Improving the quality of near shore waters, something which has already been
recognized as extremely important as evidenced by the re -construction of US I in an area between Florida City
and Key Largo known as the 18 Mile Stretch, in order to restore natural water flows.
Page 3 of
Expression of 7aierest-FHWA office of opeations
Vesion 1.01=5
U.S. oeaam„ers of Transportation Tolling and Pricing Opportunities
Federal Highway AdfrnnistraWn Expression of Interest
L) Please provide a description of the public andlorprivate agency that will be responsible for operation.
maintenance andlor enforcement for the toll proJect or study? - -
It is anticipated that the Florida Department of Transportation, which currently has responsibility for the
maintenance and rwansbuction projects on US 1 in Monroe County will remain the agency responsible for the
transportation projects and also be responsible toll operations, and the Florida Department of Revenue would be
the agency responsible for distributing the environmental share of the toll revenues to the county and
municipalities for their wastewater, re -use, and storm water projects.
M% Please provide a description of how: if at al4 any private entities are involved in the an -front caste or ,mil
share in project responsibilities, debt retirement; or revenues?
An entity may be contracted pursuant to a competitive selection process to assist or develop the full tolling
project, if the state and federal authorities to pursue the project indicate that the concept has viability. Further,
once tolling is established, any issuance of revenue bonds would probably be done almost entirely through
contracted agents.
Please provide any additional information yomfeer is n f, =ar
y.
This request is being pursued in order to eatable the local governments to complete projects for which federal
and state funding have been authorized in recognition of the grave environmental concerns and the value to the
state and nation of the unique environment of the Florida Keys and its many endangered and threatened species
of both animals and plant life, but only partially appropriated and disbursed.
Section 313(e) of P.L.104-59, National Highway Systems Act of 1995, provides:
(e) Collection of Tolls To Finance Certain Environmental Projects in
Florida. —Notwithstanding section 129(a) of title 23, United States
Code, on request of the Governor of the State of Florida, the Secretary
shall modify the agreement entered into with the transportation
department of the State under section 129(a)(3) of such title to permit
the collection of tolls to liquidate such indebtedness as may be
incurred to finance any cost associated with a feature of an
environmental project that is carried out under State law and approved
by the Secretary of the Interior.
Page of4
Expression of Interest -I HWA Office of opaatioes
Version 1.01=5
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, January 19, 2011
Key West, Florida
201111
The Regular Meeting of the Monroe County Board of County Commissioners convened
at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were
Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice,
Commissioner Kim Wigington, and Mayor Heather Carruthers. Also present at the meeting were
Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator;
Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Pamela G. Hancock, Deputy Clerk;
County Staff, members of the press and radio; and the general public.
PRESENTATION OF AWARDS
Item B 1 Presentation of Years of Service Award for 25 years of service to Tom Hambright,
Librarian, Local History, Key West Library.
Item B2 Presentation of Employee Service Award for November, 2010 to Louise Basham,
Insurance Specialist, Employee Services Division, Employee Benefits, Key West.
Item B3 Presentation of Mayor's Proclamation declaring January 2011 as Sculpture Key
West month.
Item B4 Presentation of Mayor's Proclamation declaring February 5, 2011 as Key West
International Airport Appreciation Day.
MISCELLANEOUS
Captain Patrick deQuattro, United States Coast Guard, gave the Board an update
on Deep Water Horizon. Captain deQuattro announced a seminar for Maritime Pollution
Response and Planning on the l 7th of February at the Marathon Government Center and that all
elected officials, across all municipalities in Monroe County, will be invited as well as the public
will be invited. The Board presented Captain deQuattro with an Honorary Conch Certificate and
a gold conch shell.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Motion was made by Commissioner Neugent and seconded by Commissioner
Wigington granting approval of the Additions, Corrections, and Deletions to the Agenda.
Motion carried unanimously.
2011/17
Item Q7 Rick Boettger addressed the Board. Bob Shillinger, Chief Assistant County
Attorney and Suzanne Hutton, County Attorney addressed the Board. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and
authorizing execution of an Agreement for Professional Services between Monroe County and
Carr, Riggs & Ingram, LLC in connection with Monroe County and Roman Gastesi v. Stand Up
far.Animals, Inc., Circuit Court Case No. CAK 10-1050. Motion carried unanimously.
Item Q8 Suzanne Hutton, County Attorney discussed approval to prepare and submit an
Expression of Interest to the Federal Highway Administration (FHA) to set forth the County's
interest in pursing an agreement whereby a toll could be placed on US I on Key Largo and a
portion of the toll proceeds could be used for wastewater and stormwater. Roman Gastesi,
County Administrator addressed the Board. The following individual addressed the Board:
Pauline Klein. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Rice granting approval to send the letter to FHA and to include reuse. Roll call
vote carried unanimously.
Item Q11 Bob Shillinger, Chief Assistant County Attorney addressed the Board. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to
adopt the following Resolution calling on the U.S. Congress to amend the National Flood
Insurance Act to direct FEMA to refrain from issuing flood insurance for new construction on
vacant properties which contain suitable habitat for threatened and endangered species and
authorizing staff and Cardenas Partners to initiate efforts to lobby Congress to assist with this
initiative. Roll call vote carried unanimously.
RESOLUTION NO.034-2011
Said Resolution is incorporated herein by reference.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Pamela G. Hancock, Deputy Clerk
Board of County Commissioners
RESOLUTION NO. 118-1999
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS IN SUPPORT OF THE CONCEPT OF ESTABLISHING
A40%j!)
'TRANSPORTATION TOLL ON U.S. I TO ASSIST IN FUND19G'-'
IMPLEMENTATION OF THE MONROE COUNTY YEAR 2010 COMP RIIT�L- 71-
PLAN POLICY 101.2.13 _*vz I
(FIVE YEAR WORK PLAN) -j
C)
WHEREAS, an incredible variety of state and national resources are containe4�
C-,
boundaries of Monroe County, represented in numerous aquatic preserve ; neon
wildlife refuges, state and national parks, national marine sanctuaries and thbusands 6Y
xi
acres of wilderness designated lands; and
WHEREAS, local, state and federal interests have made significant investments in
pursuing the protection of these unique resources over the past several decades; and
WHEREAS, Monroe County has been designated an Area of Critical State Concern and
has developed a comprehensive plan to accomplish unique land use goals such as water
quality and land acquisition; and
WHEREAS, while Monroe County welcomes the seasonal tourist population to the Keys,
the Commission desires that they contribute toward alleviating their impacts; and
WHEREAS, many of the visitors to the Florida Keys utilize U.S. I as the means of
entering this area; and
WHEREAS, Monroe County and the State of Florida have spent eight (8) years preparing
and deliberating the successful adoption of a comprehensive land use plan intended to
reconcile the outstanding issues which continue to threaten the vitality of these recourses;
and
WHEREAS, Monroe County is concerned about the quality of water, the need for land
acquisition, the availability of affordable housing, and the availability of recreational
opportunities for residents; and
WHEREAS, Policy 101.2.13, the Five Year Work Plan, identifies the actions, responsible
agencies, and timetable with which those agreed upon actions must be implemented,
including land acquisition, wastewater improvements, and stormwater management; and
WHEREAS, Policy 4 commits Monroe County, with the assistance of the Department of
Community Affairs, to report to the Legislature the full fiscal cost of implementing the
Plan, the state and local shares of such implementation, and recommendations for funding
initiatives and alternatives for implementation; and
HISTORY 16 of 18
WHEREAS, Policy 1 of the Monroe County Year 2010 Comprehensive Plan recognizes
that implementation of this plan will require funding which exceeds the reasonable
budgetary constraints of Monroe County, and that as an Area of Critical State Concern
and site of unique natural resources of national importance, Monroe County should not be
expected to bear the sole burden of implementing these policies without substantial
financial assistance from state and federal partners; and
WHEREAS, the proper implementation of the Five Year Work Plan is anticipated to be
in the hundreds of millions of dollars; and
WHEREAS, the success of efforts to secure assistance from state and federal partners
requires clear guidance to these partners from Monroe County; and
WHEREAS, Monroe County is pursuing local funding initiatives as well as creative
funding partnerships to assure successful implementation; and
WHEREAS, a non -transportation toll on U.S.I has been identified both now and in past
discussions as a possible source of funding for such comprehensive plan implementation;
and
WHEREAS, tolls have been established in other areas to assist with non -transportation
costs associated with secondary effects of transportation impacts including the Alligator
Ailey toll adopted by the Florida Legislature in the Everglades Forever Act and by the
United States Congress; and
WHEREAS, the State Administration Commission met on March 9, 1999, and approved
a proposed Rule amending the original Five -Year Work Plan and identifying actions and
criteria to continue the implementation of the Monroe County 2010 Comprehensive Plan
and especially identifying the steps necessary to protect and improve water quality and
protection of the environment; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Board of County Commissioners desires to continue the
implementation of the Monroe County 2010 Comprehensive Plan and seeks the
assistance of federal and state agencies in the financing of the implementation of that
Plan, as provided in the proposed Rule.
Section 2. The Monroe County Board of County Commissioners supports the
implementation of a toll on U.S.1 in Monroe County for the purpose of providing needed
financial resources for such implementation, including funding for such activities as
support for publicly issued bonds, support for direct cost of activities, and support for
preliminary expenses leading to the implementation of the Comprehensive Plan.
HISTORY 17 of 18
Section 3. The Monroe County Board of County Commissioners supports the
implementation of a toll on U.S. 1 in Monroe County for such purposes as wastewater
treatment facilities, stormwater management, property acquisition, and other
environmental needs of the Florida Keys Area of Critical State Concern.
Section 4, The Monroe County Board of County Commissioners' funds for
the above purposes may be made available through the appropriate channels to Monroe
County government, the Monroe County Land Authority, or the Florida Keys Aqueduct
Authority as appropriate to implement the 2010 Comprehensive Plan.
Section 5. This resolution shall be forwarded to the Governor of the State of
Florida and the Monroe County Legislative Delegation.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting of said Board held on the 24`/' day of March, 1999.
Mayor Wilhelmina Harvey
Mayor Pro Tern Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
DANNY L. KOLHAGE
Clerk
BylL
Dj~ ,
Yes
Yes
Yes
No
yt- r,_
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
Agvov
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5 AS To F
BS F/ M
N. �,y
HISTORY 18 of 18
Administration
RESOLUTION NO. 267 -2007
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, DIRECTING STAFF TO ORGANIZE
EFFORTS TO SEEK OUT AND APPLY FOR APPROPRIATE GRANTS
TO OFFSET COSTS; WAIVING THE EXISTING REQUIREMENTS
THAT EACH GRANT APPLICATION BE INDIVIDUALLY APPROVED
By THE BOARD PRIOR TO SUBMISSION AND AGAIN PRIOR TO
ACCEPTANCE OF THE AWARD WHEN THE AWARD DOES NOT
REQUIRE A MATCH BY MONROE COUNTY; AND MAINTAINING
ALL EXISTING REQUIREMENTS FOR GRANT APPLICATIONS AND
ACCEPTANCE OF GRANT AWARDS THAT DO REQUIRE A MATCH
BY MONROE COUNTY.
WHEREAS, Monroe County has been impacted by recent legislature and the subsequent
need to significantly cut budgets, and
WHEREAS, it is our desire to continue to provide outstanding public service responsive
to the needs of our citizens, community. and environment despite the impact of these budget
cuts, and
WHEREAS, currently, the Board must approve all applications for grants prior to
submission, which can cause a delay of up to six weeks, at times delaying the grant application
until the next submission cycle, as well as adding unnecessarily to the Board agenda, and
WHEREAS, it is unnecessary to delay acceptance of grants awarded to the County that
do not require any matching funds, again adding unnecessarily to the Board agenda; and
WHEREAS, out heightened focus on pursuing a wider variety of grant opportunities
requires improved coordination between Divisions and will result in a significantly increased
number of grant applications; now, therefore,
BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, HEREBY:
Directs Division staff to coordinate grant opportunity research and application
submission with the Project Manager to the County Administrator.
2. Waives the requirement that grant applications be approved by the Board before
submission, and authorizes the County Administrator to manage grant application
submission approval and execution of related documents.
3. Authorizes the County Administrator to accept award of grants that have no match
criteria, and to execute related documents,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida- at a meeting of said Board held on the l8th day of July, 2007
Mayor DiGennaro
Mayor Pro Tem Spehar
Commissioner Neugent
Commissioner McCoy
phy
,rk
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTYYLORIDA
Mayor/Chairman
MONROE COUNTY OATTO
A'TTO Ey
TO C— t:�;
VED AS TO
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ANN 0
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Date
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