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Item T2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 18 September 2002 Division: Growth Management Bulk Item: Yes No----X- Department Marine Resources AGENDA ITEM WORDING: Approval of a Resolution directing staff to move forward in preparation of a grant to EP A, a feasibility analysis as part of the grant, and a request for statement of qualifications for construction projects under the grant, utilizing the services of CH2MHill. ITEM BACKGROUND: In the summer of 2000, Congress provided $3,8 M in funds to Monroe County to develop and implement a centralized management approach for decentralized wastewater systems. The Grant requires four basic components: 1) Up to 75 % of the grant may be used to cover the cost of design, construction, monitoring, 0 & M, and administering decentralized wastewater systems. 2) The funds must be used in areas where a decentralized approach to wastewater improvements is a viable long-term solution (at least 15 year life). 3) Establishment of a centralized authority to manage decentralized wastewater systems is an essential component of the grant. 4) Any project must be consistent with the County's Wastewater Master Plan. The attached document discusses the options for the Board's consideration, which will allow staff and the FKAA to move forward with the project, if it is the Board's desire and the desire of the FKAA to do so, A Resolution directing staff to move forward on the project is provided for Board approval. PREVIOUS RELEVANT BOCC ACTION: NA CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS; Approval TOTAL COST: $5.07 M BUDGETED: Yes No NA, COST TO COUNTY: $1.27 M (User Fees / Fund 304 or other for ineligible costs) REVENUE PRODUCING: Yes No NA AMOUNT Per Month Year APPROVED BY: County Atty NA Risk Management DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included ~ To Follow _ Not Required _ DISPOSITION: AGENDA ITEM NO.: 7~~ BC020970a 09/03/0212:03 PM Memorandum DeDartment of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Voice: (305) 289 2507 FAX: (305) 289 2536 Email: garrettgltl.mail.state.fl.us or garrettgeo,{/'hotmai l.eom Board of County Commissioners Mayor Charles "Sonny" McCoy, Dist. 3 Mayor Pro Tem Dixie Spehar, Dist. I Commissioner George Neugent, Dist. 2 Commissioner Nora Williams, Dist. 4 Commissioner Murray Nelson, Dist. 5 DATE: 6 September, 2002 TO: SUBJECT: Board of County Commissioners George Garrett, Director of Marine Resources h- ~ Options for utilizing EP A grant funds to develop and implement a centralized management authority for decentralized wastewater systems FROM: INTRODUCTION The EP A grant provides an opportunity to develop a centralized authority for decentralized wastewater systems in the Keys as a demonstration project. This document provides an assessment of the issues and some of the options available to the County and the Florida Keys Aqueduct Authority should both Boards wish to pursue the project. Staff believes that the project can be completed, but that significant staff time will be required. It is suggested that the County utilize CH2MHill to complete the grant package and a project feasibility analysis as part of the grant toward completion of the EPA grant project. BACKGROUND In the summer of 2000, Congress provided $3.8 M in funds to Monroe County to develop and implement a centralized management approach for decentralized wastewater systems. A 25 % match of the grant was required. Four basic criteria govern the use of the grant funds: 1. Up to 75 % of the grant may be used to cover the cost of design, construction, monitoring, 0 & M, and administering decentralized wastewater systems. BC02097I 09/03/02 II :54 AM 2. The funds must be used in areas where a decentralized approach to wastewater improvements is a viable long-term solution (at least 15 year life ). 3. The establishment of a centralized authority to manage decentralized wastewater systems must be an essential component of the grant. 4. Any project must be consistent with the County's Wastewater Master Plan. PROJECT This grant program, which involves the development and implementation of a centralized management authority for a decentralized wastewater management system, is complicated and will challenge the available resources on both the County and FKAA staffs. To assist the Board in making its decision on whether or not to move forward on applying for the grant, the staff has broken the options for management and administration of the grant into five issues. Issue 1. Who accepts the grant? Issue 2. What are the grant match requirements and what source is used? Issue 3. What does decentralized utility management look like? a. Who runs the utility? b. How is the utility run? Issue 4. What are the project areas? Issue 5. To what extent does the project undertake and test experimental technologies. Issue 1. There are two options as to which agency accepts and administers the EP A grant, either the County or the Florida Keys Aqueduct Authority. Currently the Florida Keys Aqueduct Authority has limited staff, committed to completing projects in Key Largo, Conch Key, Baypoint, and Big Coppitt. FKAA staff does not feel that it has the time or staff resources to undertake the grant and bring it to completion. The County doesn't have adequate staff either, but does have a standing contract with the engineering firm of CH2MHill and remaining committed funds to complete planning for the County's Wastewater Master Plan. In addition, CH2MHill has completed preliminary documents toward submitting a grant proposal for the EP A grant funds. CH2MHill could simply complete the grant package or could be asked to complete the grant package and then be requested to 2 complete the stipulations of the grant once received. The County Marine Resources Department will administer the grant. Recommendation: County staff recommends that the County become the EP A grant recipient and administrator and that CH2MHill be further retained under their existing contract with the County to complete the grant package to receive the EP A grant dollars. The staff suggests that CH2MHill be retained to complete the EP A grant package and to provide the County with a complete "Request for Proposals" package so that the grant project may be bid out to perspective engineering firms. They should also be asked to assist in reviewing bid submittals. Issue 2: A twenty-five percent match is required for the receipt of the EPA grant. It is anticipated that most of the required match will come from user fees resulting collected from construction of on-site wastewater systems under the grant. However, funds may be required to develop options under the grant. Recommendation: Should funds outside of the grant be required, the County will need to shift money within its budget, either in Fund 304 dollars or in Fund 148 fund stabilization dollars to meet the grant requirements. It is anticipated that as much as $200,000 could be needed for the consultant to finish the grant requirements. Issue 3: Who runs the decentralized wastewater utility is a significant question. The County is not technically qualified to become a wastewater utility at this time. The FK.AA is technically qualified to run the utility but how the utility is run may be the greater question for them. The purpose of the EP A grant is to develop and demonstrate a centralized management approach for a successful decentralized wastewater system management. A number of factors are involved in the establishment and operation of such a utility: administration, potential property acquisition, construction, and operation/maintenance. All aspects of each of these three components must be analyzed in more detail than is currently possible prior to submitting a grant proposal. EP A understands this and is willing to make this type of analysis part of the grant tasks and deliverables. Recommendation: After discussions with FK.AA staff, County staff believes that the FK.AA will ultimately operate and maintain the decentralized utility. However, whether the FK.AA runs the utility directly, contracts all aspects of running the utility, or retains portions of the utility while contracting other portions is 3 something that should be determined by a thorough analysis in the development of information toward completion of the EP A grant. Thus, the most significant aspect of who runs the utility and how, should be determined through the completion of the EPA grant project. Critical to this analysis will also be the analysis of economies of scale and the physical options for developing a project site. Analysis of the scale of proposed initial operations and the ultimate scale of potential future operations must be considered as well. A complete and exhaustive feasibility and fiscal analysis of all options is essential to complete of the grant and to the success of the centralized management authority for decentralized wastewater systems utility. Issue 4. Two options exist for the establishment of EP A grant project locations: the "Coldspot areas" and the low priority "Hotspot areas." In all other areas it is best to assume, as developed in the Wastewater Master Plan, that these other areas will receive sewer service in the near future. As noted in the background information above, the decentralized wastewater system utility must be physically and financially viable for at least fifteen years. Recommendation: A thorough analysis of each coldspot and low priority hotspot must be completed as another essential component of the EP A grant tasks and deliverables. Key to the decisions about a project location or multiple locations is the feasibility of constructing on-site facilities in either a coldspot or hotspot area. Attendant issues include: 1. the number of homes or commercial structures to be served; 2. the proximity of each existing residence or commercial structure to one another; 3. the availability of vacant properties to locate clustered wastewater facilities if deemed appropriate; and 4. the number of on-site systems that may have already been replaced in the area. The coldspot areas are already well defined. Several potential low priority hotspots have been suggested, such as the upper Sugarloaf Key area. Issue 5: The EP A decentralized wastewater system utility concept also focuses on reviewing and potentially testing new or developing technologies under field conditions. Part of this grant project may involve assessing new technologies or simply better ways of improving the efficiencies and economies of scale possible within a utility structure, 4 There are two basic options available to the utility as it develops: 1. develop a rigorous approach to monitoring the operations of the utility, from administration, to construction, to operations and maintenance, or 2. develop a rigorous test facility in which new technologies or improvements on new approaches to managing existing technologies can be tested. The possibility of utilizing the Department of Corrections facility on Big Pine exists, as it has been used in on-site wastewater system field tests in the past. However, should such an approach be taken a relationship for such an effort would have to be reestablished with the Department of Corrections and an assessment of the resources needed to construct, operate, and manage the facility would be necessary . Recommendation: Staff believes that the greatest effort should be placed on developing the basis for utility organization and operation and in constructing the project demonstration area. A rigorous monitoring approach for all aspects of the utility for decentralized wastewater systems should be adopted to allow the FKAA as the ultimate management authority for the utility, to assess its efficiencies and inefficiencies and how improvements to the operation of the utility could be made. This type of information will be crucial to the new utility and to the EP A, who will need this type of information for adopting similar utility structures in other areas. The concept of developing a test facility at the Department of Corrections site should not be abandoned, should be analyzed as part of the grant project, but should be placed as a lower priority to ensure that the utility and its project areas are fully and adequately developed. CONCLUSION County staff recommends that the County be the grant recipient and administrator of the EP A Decentralized utility demonstration grant. The County's engineering firm, CH2MHill should develop the grant package and, once the grant is received, prepare a detailed feasibility analysis for the project, a subsequent Request for Statements of Qualification package for completing the construction portion of the grant project under its current contract with the County. A majority of the grant project must involve the coherent development of the utility concept for the FKAA as the ultimate manger of the utility. This includes 5 aspects of administration, construction, and operation and maintenance. It must include an assessment of the potential site locations for construction of the project with the limited funds provided in the scope of this project. It also must include an assessment of how to best achieve the economies of scale anticipated for a utility under the criteria established through this EP A grant. The utility concept when completed, adopted, and implemented by the FKAA, must be workable. An important aspect of the grant project must include a decision point, before which a significant amount of information is assembled with which a decision can be made about the physical and fiscal feasibility of the project. If the project were shown to be not feasible under the specific conditions available in the Keys, implementation of the project should not be carried out. Finally, the project should focus on the fundamentals of developing and constructing the utility. While a test facility may be a laudable goal of the project its creation, administration, and maintenance create and entirely different layer of responsibility once the grant project is implemented by the FKAA. Monitoring should be rigorously carried out on the administrative processes developed for the FKAA, construction of wastewater systems in project areas, and in the operation and maintenance of those facilities. If in the project analysis it can be shown that the goal of developing what amounts to a research facility at the Department of Corrections or a similar site is feasible, only then it should then be achieved. OVERALL RECOMMENDATION It is recommended that the Board of County Commissioners adopt the attached resolution directing staff to proceed with the preparation and submittal of a grant application for the centralized management of decentralized wastewater systems. As part of the grant staff should also work with CH2MHill to prepare a rigorous and detailed feasibility study concerning the administration, construction, and continuing operation and maintenance of the utility As part of the resolution staff should also be directed to prepare a request for statements of qualification package to complete other anticipated stipulations of the grant concerning construction aspects of the project. Proposed Outline of Activities for Receipt and Administration of the Grant 6 Q) CH2MHill will prepare the EP A Grant Package in consultation with County and FKAA staff Q) CH2MHill will submit the grant package to EP A and respond to comments form EP A as necessary Q) CH2MHill will work with County and FKAA staff under the grant, once received, to complete: 1. A Detailed assessment of needs for creating the new utility management approach including . Administration . Land acquisition . Construction . Operation and maintenance 2. A detailed assessment of project siting options 3. A detailed physical and fiscal and feasibility analysis Q) The consultant will provide information to the County and the FKAA to allow the agencies to determine the overall feasibility of continuing with the project. Q) CH2MHill will then prepare a Request for Statements of Qualification package for contracting construction portions of the EP A grant stipulations and will provide the County with an estimated cost range for the proj ect. Q) CH2MHill will participate with the FKAA and the County in reviewing all Statements of Qualification and in making a recommendation for selecting a project construction contractor. Q) A recommendation will be made to the BOCC and FKAA for selection of a consultant to complete the EP A contract stipulations. Q) The Consultant will work with County and FKAA staff to create necessary transition requirements in order to implement the utility, should the County and FKAA agree the implementation of the utility is feasible Q) FKAA will take over the implementation of the centralized approach for a decentralized wastewater system utility. Remaining grant funds and user fees will pass through the FKAA for further development and implementation of the utility concept. 7 Marine Resources RESOLUTION NO. 2002 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS DIRECTING STAFF TO MOVE FORWARD ON THE COMPLETION OF A GRANT APPLICATION TO EPA FOR THE DEVELOPMENT OF A CENTRALIZED MANAGEMENT APPROACH FOR DECENTRALIZED WASTEWATER SYSTEMS, TO COMPLETE A WORK ORDER WITH THE COUNTY'S WASTEWATER ENGINEERING FIRM, CH2MHILL, TO COMPLETE THE GRANT PACKAGE, COMPLETE A DETAILED FEASIBILITY ANALYSIS, AS PART OF THE GRANT, AND COMPLETE A REQUEST FOR STATEMENTS OF QUALIFICATION TO COMPLETE THE CONSTRUCTION PORTION OF THE EPA GRANT PROJECT. WHEREAS, Congress through the U.S. Environmental Protection Agency (EPA) has made $3.8 million dollars available to Monroe County for the development of a centralized management approach for a decentralized wastewater system utility; and WHEREAS, it is the County's desire to accept the EPA grant and to move forward toward the establishment of a management approach for a decentralized wastewater system utility; and WHEREAS, it is believed that this approach to on-site wastewater system management may lead to more efficient and cost effective ways to construct and maintain on-site wastewater systems, now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA THAT: Section 1. Staff is directed to work with FKAA staff and its Board to ensure that the FKAA agrees with the County's approach toward the receipt of the EPA grant. Section 2. Staff is directed to develop a work order with the County wastewater engineer to complete the application to EPA for receipt of the EPA funds, a Scope of work and work order to complete a feasibility analysis under the grant, and to BC020971 09/05/0212:07 PM Marine Resources prepare a Request for Statements of Qualification to solicit contractors to complete the anticipated construction portions of the grant requirements. Section 3. The BOCC requires that a task be placed in the grant contract with EP A, which will establish the physical and fmancial feasibility of the project in Monroe COlmty. This task and the information developed as part of it, will allow the County and FKAA to make a decision as to whether or not to move forward with the development and implementation of a decentralized wastewater system utility beyond the development of the feasibility study. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 18th day of SeDtember , A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner Bert Jimenez Commissioner Murray Nelson BOARD OF COUNTY CO~SSIONERS MONROE COUNTY, FLORIDA BY: MAYOR/CHAIR PERSON (SEAL) ArrEST: DANNY 1. KOLHAGE, CLERK BY: BY' DEPUTY CLERK BC020972 09/05102 12:07 PM