Resolution 276-2016RESOLUTION NO. 276 - 2016
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA APPROVING THE
ALLOCATION OF MONROE COUNTY RESTORE ACT FUNDS TO
CANAL WATER QUALITY RESTORATION PROJECTS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in July 2012 the United States Congress passed the "Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012" (Act), and the President signed the Act into law, known as the RESTORE Act, to
establish a trust fund for deposits of 80% of administrative and civil penalties exacted from parties
responsible for the Deepwater Horizon oil spill for distribution of the funds among the affected
states; and
WHEREAS, the RESTORE Act distributes civil fines collected from the responsible
parties under the Clean Water Act to impacted States and counties along the Gulf Coast in three
separate streams or "pots" of funds: Direct Component "Pot 1" (Local Pot); Restoration Council
Pot "Pot 2 "; and Spill Impact Component "Pot 3" (Gulf Consortium Pot); and
WHEREAS, Monroe County is scheduled to receive both Spill Impact Component "Pot
3" (Gulf Consortium Pot) funding in the amount of approximately $12.5M and Direct Component
"Pot 1" (Local Pot) in the amount of approximately $7.7M; and
WHEREAS, the Spill Impact Component "Pot 3" funds are $286M, with an additional
$14M expected in interest, for an approximate total of $300M. These funds are overseen by the
Gulf Consortium, made up of representatives of the 23 disproportionately and non-
disproportionately affected counties of the State of Florida. On September 21, 2012, Monroe
County joined the Gulf Coast Consortium by approving the Interlocal Agreement and authorizing
Resolution No. 246- 2012; and Commissioner George Neugent has represented Monroe County on
the Executive Committee of the Gulf Consortium for the past 4 years; and
WHEREAS, the Gulf Consortium ( "Consortium ") is responsible for developing a state-
wide plan for expending the funds in Pot 3, called the State Expenditure Plan ( "SEP ") that will
include eligible projects from each of the 23 Gulf Coast counties; and
WHEREAS, the SEP must be approved by the Restoration Council and therefore projects
to be included and funded in the State Expenditure Plan must be consistent with the RESTORE
Act and the Council's Comprehensive Plan's adopted Gulf Consortium goals, which are:
• Restore and Conserve Habitat — Restore and conserve the health, diversity, and
resilience of key coastal, estuarine, and marine habitats.
• Restore Water Quality — Restore and protect water quality of the Gulf Coast region's
fresh, estuarine, and marine waters.
• Replenish and Protect Living Coastal and Marine Resources — Restore and protect
healthy, diverse, and sustainable living coastal and marine resources.
• Enhance Community Resilience — Build upon and sustain communities with capacity to
adapt to short- and long -term changes.
• Restore and revitalize the Gulf Economy — Enhance the sustainability and resiliency of
the Gulf economy; and
Page 1 of 4
WHEREAS, the State Expenditure Plan must have the approval of the State of Florida
Governor's office (and represented by Florida Department of Environmental Protection), and
therefore projects to be included in the State Expenditure Plan shall be aligned with the coastal
environmental priorities of the State of Florida, the most significant of which, as identified by the
Consortium as theme for its plan, is water quality; and
WHEREAS, it is an additional important goal of the Consortium to be able to use the
$300M in its Pot 3 funds to leverage funds from other Deepwater Horizon spill - related funding
buckets such as Council funding (Pot 2) and National Fish and Wildlife Foundation (NFWF).
Therefore, the Consortium seeks to include projects in the SEP which have the potential to
maximize leveragability, i.e., align with the priorities of those other sources, are founded on sound
environmental plans, have secured local match, and are of significant size, scope and benefit; and
WHEREAS, the Consortium formally approved expending Pot 3 funds such that each of
the 23 counties making up the Consortium will have an equal amount of funded projects included
in the State Expenditure Plan; thus each of the 23 counties will have approximately $12.5M
($13M with interest) in projects funded through the State Expenditure Plan; and
WHEREAS, the Consortium will receive its Pot 3 funds via annual payments of
approximately $20M over a 15 year period, under the terms and conditions of the Consent Decree
approved and entered into by the US District Court and BP, with payments beginning in April
2017 through 2032; and
WHEREAS, the Gulf Consortium has yet to determine the distribution of these annual
funds among the projects of the 23 counties over the 15 -year payout period; and
WHEREAS, canal water quality restoration is entirely consistent with goals and priorities
set forth by the Consortium in the State Expenditure Plan; and
WHEREAS, the County is also the recipient of RESTORE Act Direct Component ( "Local
Pot " / "Pot I"). These funds to the Local Pot come via three different settlement allocations (see
attached Treasury Department Allocation Tables):
• Transocean settlement: $1,184,925, in a one -time, lump sum payment (allocated);
• Anadarko settlement: $172,673, in a one -time, lump sum payment (not yet allocated);
and
• BP settlement: for $6,358,288, in annual payments over a 15 -year period (not yet
allocated); and
WHEREAS, the BOCC approved allocating the $1.184M in Transocean funding in the
County's local pot, on February 18, 2015, to three projects: $478K for canal restoration in
unincorporated Monroe, $128K for canal restoration in Islamorada and $578K for coral
restoration. An advisory group convened by the Board of County Commissioners recommended
these projects for funding based on a selection process developed by the committee as directed and
approved by the BOCC; this process is reflected in the Monroe County Multi -Year
Implementation Plan ( "MYIP "), adopted by the Board of County Commissioners on September
16, 2015 per Resolution 252 -2015, and deemed in compliance with the RESTORE Act regulations
by the U.S. Treasury Department on April 6, 2016; and
Page 2 of 4
WHEREAS, Monroe will receive the BP funds to its Local Pot via annual payments of over
a 15 year period, under the terms and conditions of the Consent Decree approved and entered into
by the US District Court and BP, with payments beginning in April 2017 through 2032; and will
be paid as such:
• 2017: payment of $410K;
• 2018: payment of $220K; and
. 2019 through 2031: annual payments of $440K; and
WHEREAS, the extended payout period for these funds adds significantly to the County's
administrative /oversight costs for the management, monitoring and reporting of the expenditure of
these funds; and as RESTORE Act law limits administrative reimbursement to 3 %, the County
desires to allocate these funds in a way that minimizes additional costs incurred to the County; and
WHEREAS, allocating these funds to a large - scale, long -term environmental /restoration
initiative such as canal restoration is cost - effective, while also being consistent with the local
priorities articulated in the MYIP; and
WHEREAS, canal restoration is a component of overall water quality and environmental
protection in the Florida Keys, complementing the $1 B investment by local taxpayers and the state
to implement centralized wastewater treatment to protect and restore water quality, and complies
with the letter and intent of the RESTORE Act; and
WHEREAS, over three hundred (300) canals have been identified in the Monroe County
Canal Management Master Plan (CMMP) as having sub - standard water quality, and are listed as
"impaired water bodies" by the EPA and exceed DEP Chapter 62 -302 Surface Water Standards for
nutrients, such as nitrogen and phosphorus and dissolved oxygen. Canals discharge directly into
near shore Outstanding Florida Waters in the Florida Keys National Marine Sanctuary ( FKNMS),
where FDEP has adopted a "zero- degradation" policy. High levels of nutrients and low levels of
dissolved oxygen are conditions that have been directly linked to extensive die -off of coral reefs
and seagrass beds in coastal waters; and
WHEREAS, canal water restoration projects will remedy the high nutrient loading and
low dissolved oxygen impairing the water in canals by implementing technologies that address the
most significant causes of those conditions: accumulated organics, seaweed loading, and poor
flushing and tidal flow.
WHEREAS, reduced nutrient loading, increased dissolved oxygen and increased water
clarity to the nearshore Outstanding Florida Waters and the waters of FKNMS will improve water
quality conditions that are essential for sustaining a marine ecosystem that is one of the most
unique and prolific in the world, and home to the only living coral reef in the continental U.S., and
one of the world's largest seagrass beds, both rich and productive habitats that provide support to
6,000 species of plants, fishes, and invertebrates, including many species listed for protection
under the Endangered Species Act; and
Page 3 of 4
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
1. The Board of County Commissioners of Monroe County, Florida hereby approves the
entire allocation of the BP and Anadarko settlement portions of funds to Monroe
County's Pot 1 ( "Local Pot ") to canal restoration projects.
2. The Board of County Commissioners of Monroe County, Florida hereby approves the
inclusion of canal water restoration projects in the State Expenditure Plan for Monroe
County's share of Pot 3 ( "Gulf Consortium Pot ") and approves the entire allocation of
Monroe County's share of the Gulf Consortium Pot to canal restoration projects.
3. This resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 14th day of November, 2016.
Mayor Heather Carruthers yes
Mayor Pro Tem George Neugent yes
Commissioner Danny Kolhage yes
Commissioner David Rice yes
Commissioner Sylvia Murphy yes
BOARD OF COUNTY COMMISSIONERS
Clerk OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor
MONROE C01.111`! 7 , -.TTORNEY
AP ROV %I' fiy r��
ASSIST= , ATTORNEY
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Page 4 of 4
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Page 4 of 4
GULF COAST RESTORATION TRUST FUND -' T�I'4Y�SoC�/f/v February 1, 2016
Treasury- Administered Direct Component
Florida Trust Fund Allocations as of December 31, 2015
Nondisproportionately Impacted
Charlotte
Citrus
Allocation of
$ 737,204.48
670,082.03
$ -
-
$ 737,204.48
670,082.03
Florida County
Florida's Direct
Gross Allocations
Obligations
Current Allocations
Dixie
Component Share
Made Available
-
Available
Disproportionately Affected
75%
711,498.01
-
711,498.01
Bay
15.101453044%
$ 6,470,084.58
$ -
$ 6,470,084
Escambia
25.334760043%
10,854,454.86
415,850.11
10,438,604.75
Franklin
8.441253238%
3
-
3,616,580.62
Gulf
6.743202296%
2,889,065.65
560,400.66
2,328,664.99
Okaloosa
15.226456794
6,523,641.34
-
6,523,641.34
Santa Rosa
10.497314919%
4,497,482.14
-
4,497,482.14
Wakulla
4.943148294%
2,117,848.36
-
2,117,848.36
Walton
13.712411372%
5,874,961.90
-
S,874,961.90
Subtotal
- 000000 M%j
$ 42 844119.45 1
$ 976,250.77
$ 41,867,868.68
Nondisproportionately Impacted
Charlotte
Citrus
25%
5 1 %
4.692%
$ 737,204.48
670,082.03
$ -
-
$ 737,204.48
670,082.03
Colli
7
1,002,409.58
-
1,002,409.58
Dixie
3.484%
497,563.04
-
497,563.04
Hernando
4.9829
711,498.01
-
711,498.01
Hillsborough
13.339%
1,904,992.36
-
1,904,992.36
Jefferson
3.834%
547,547.85
-
547,547.85
Lee
8.776%
1,253,333.31
-
1,253,333.31
Levy
3.894%
556,116.67
-
556,116.67
Manatee
Monroe
Pasco
Pinellas
Sarasota
6.809%
8.297%
7.079%
11.002%
7.248%
972,418.70
-) 1,184,925.53
1010,978.41
1,571,236.67
1,035,113.93
-
-
-
-
-
972,418.70
1,184,925.53
1,010,978.41
1,571,236.67
1,035,113.93
Taylor
4.383%1
625,952.58
-
625,952.58
Subtotal
100.000%1
$ 14,281,373.15
$ 14,281,373.15
Totall $ 57,125,492.60 1 $ 976,250.77 56,149,241.83
Department of the Treasury Page 2 Office of Gulf Coast Restoration
GULF COAST RESTORATION TRUST FUND Al /9 February 1, 2016
Allocation Estimates Including Deposit from Anadarko Petroleum Judgment
Treasury- Administered Direct Component Florida Allocation Estimates
Nondisproportionately
Estimated
Net Allocation
Impacted
Allocation of
Gross Allocations
Proceeds
Obligations as of
Estimates including
Florida County
Florida's Direct
Available as of
to be Deposited
December 31,
Deposit from
Citrus
Component Share
December 31, 2015
from Anadarko
2015
Anadarko Judgment
Collier
7.03
1,002,409.58
Judgment s
after Obligations
Disproportionately Affected
75%
497,563.04
72,507.49
-
S 570,070.53
Bay
1 .1
$ 6,470,08458
$ 942,854.39
$ -
$ 7,412,938.97
Esambia
25.334760043%
10,854,454.86
1581,767.63
415,850.11
$ 12,020,372.38
Franklin
&4412532389
3,616580.62
527,026.94
-
S 4,143,60756
Gulf
5.743202296%
2,889,065.6S
421,009.68
560,400.66
$ 2,749 674.67
Okaloosa
15226456794%
6,523,641.34
950,658.96
-
$ 7,474,300.30
Santa Rosa
10.497314919%
4,497,482.14
655,39650
-
$ 5,152,878.64
Wakuus
4.94314829476
2,117,84836
308,623.88
-
$ 2,426,472.24
Walton
1.141
5,874,961.90
856,130.02
-
S 6,731,09192
Subtotal
200•
S 42,844,119.45 1
S 6,243,468.00
$ 976,250.77
$ 48,111,336.68
Nondisproportionately
Impacted
25%
Charlotte
S- 62 %j
737,204.48
S 107,429.27
S
S 844 633.75
Citrus
4.692%
670,082.03
97,647.84
-
S 767,72917
Collier
7.03
1,002,409.58
146,076.34
$ 1,148,485.92
Dixie
3.484%
497,563.04
72,507.49
-
S 570,070.53
Hernando
4.982%
711,498.01
103,683.19
$ 815,181.20
Hillsborough
13.339%
1,904,992.36
277,605.40
-
$ 2,182,597.76
Jefferson
3.834%
547,547.85
79,791.52
-
$ 627,339.37
Lee
8.776%
1,253333.31
182,642.25
-
S 1,435,975.56
Levy
3.894%
556,116.67
81,040.21
$ 637,156.88
Manatee
6.809%
972,418.70
141,705.91
-
$ 1,114,124.61
Monroe
8.297%
1,184,92553
-9 172,673.51
$ 1,3S7,599.04
Pasco
7.079%
1,010,978.41
147,325.03
-
$ 1,158,303.44
Pinellas
11.002%
1,571,236.67
228,968.78
$ 1,800,205.45
Sarasota
7.248%
1,035,113.93
150,842.19
-
$ 1,185,956.12
Taylor
4.383%1
625,952.58
91,217.07
-
$ 717,169.65
Subtotal
100-000%1
14,281,373.15 1
2,081,156.00
-
$ 16,362,529.15
Total S 57,125,492.60 1 $ 8,324,624.00 1 S 976,250.77 I S 64,473,865.83
1 For illustrative purposes, estimates Include the single payment of the December 16, 2015, Anadarko Petroleum Corporation
Judgment, Issued by the United States District Court for the Eastern District of Louisiana, and are adjusted for Fiscal Year 2016
sequestration, pursuant to section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
These values do not Include an interest estimate for the Anadarko payment.
Department of the Treasury Page 5 Office of Gulf Coast Restoration
PROJECTED BP ANNUAL DEPOSITS INTO THE GULF COAST RESTORATION TRUST FUND
PURSUANT TO THE CONSEM DECREE ACCEPTED ON APRIL 4.2016 SY THE EASTERN FEDERAL DISTRICT COURT OF NEW ORLEANS
Estbdatad Gross Allocations Cumulative by Yew Through 2031
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