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Item P10 EMERGENCY ADD-ON BOARD OF COUNTY COMMISSIONERS AGENDA TTF.M RlJMMARY Meeting Date: Rp.pt. 18-19. ?OD? Division: BOCC Bulk Item: No x Department: DiRtrir.t Fivp. AGENDA ITEM WORDING: Approval to request Senators Nelson and Graham and Congresswoman Ros-Lehtinen to forward the 100 million dollars appropriated but not yet funded for wastewater and stormwater projects in Monroe County to a trust fund administered by the DCA of the State of Florida. ITEM BACKGROUND: The ACOE has stated that wastewater projects in Monroe Co. are of a low priority and that the ACOE has little experience in small waste- water projects. The FL Dept. of Community Affairs is in close contact with Monroe Co. on all wastewater issues and is cognizant of the necessity to move our wastewater and stormwater projects along at the fastest pace. The DCA in partnership with local governments and wastewater authorities is clearly the most appropriate agency to achieve 2010 standards for wastewater and storm- water in Monroe Co. Rep. Ken Sorensen will introduce a bill in the FL House to create a trust fund to which all state and federal funds for wastewater and stormwater will be deposited, and oversight and disbursement will be provided by the DCA directly to governmental agencies of Monroe County. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Attorney OMB/Purchasing '-Y1/L0L/LLC'-1 { Risk Mgt. rk~j!.~ ~. / d"-- ( DIVISION DIRECTOR APPROVAL: MURRAY F.. NEI,RON Commj RRi onp.r DOCUMENTATION: Included: x To Follow: Not Required: DISPOSITION: AGF.NDA ITEM :/:I: P JO .~ 09 01 02:51p Commissioner Williams (305) 289-6306 Intergovernmental Task Force . Minutes Key Colony Beach City Hall September 25,2001 Meeting convened at 10 a.m. All municipal governments were represented with the exception of Key Colony Beach. Representatives of DCA, FKAA and SFWMD were present as well. Hand-outs distributed included letters of support for an appropriation for $350,000 this year for an ACOE report, and the resolution of support for the wastewater master plan unnanimouslyapproved by the Water Quality Steering Committee (which includes a voting representative from the Army Corps of Engineers). The ACOE has approved and supported a request for $350,000 to be appropriated for them to take a "first step" in moving forward to determine a process for supporting our local projects. While concerns were raised about yet another study, it was also noted that this is a necessary first step to create some comfort in WashingtonlACOE for moving forward with funding and, given the recent tragic events, that we are much more likely to get those funds as part of this year's requests than the larger appropriation we had hoped for. Two potential timetables were discussed: 1) If the $350,000 is forthcoming this year: We should know if the $350,000 is approved by the end of November, 2001. Money would be appropriated for the 2002 budget for that ''first step" report. The ACOE could then expect to be in a position to request significant funds FOR projects no sooner than budget year 2003. 2) If the $350,000 is not forthcoming this year: If we fail to see the $350,000 appropriated by the end of 2001, then our effort must turn to getting these funds included in the ACOE budget for the next fiscal year (and hence, included within the President's budget), which should be set by the end of the first few months of2002. That would, in all likelihood, delay significant funding to budget year 2004. Discussed at length were things that the local governments and the FKAA can do to increase the Corps' comfort level and their willingness to fight for our funding. Educating them about the projects and providing them a formal oversight role will clearly help. Both Islamorada and the FKAA discussed making efforts to begin that process quickly. There was some consternation about the funding timetable given that Islamorada is considering a contract at their Octob~r 11 meeting, and given the discussions about Key Largo scheduled to take place later in that month by the BOCC. Islamorada indicated that they would need to give the command to proceed by JWle of2002 or lose their price, but also noted that, with a capital cost per EDD of roughly $10,000, they were unlikely to feel able to proceed without promise of those additional federal funds. As of this date, the Village Council has committed 1.2 million in infrastructure sales tax funds to the project. p.3 . ~::=~"':;;'""'.- n":" ~~~""'.".;:;- =.. t:oz' - --_":Z'" - ~---.:.==(... u ~_- . "':~~~h7J~~\!."'V.&. l' y 'V.I. ..~":!.!~.b! -!::L~JylllJ !~J.l~JJ. .l.~\.;\..'JM. / A: The readiness to proceed requirements were developed with the idea to put local governments in the position that once they get the funds, they would be ready to immediately go into construction. Ifth~y can meet the RTP criteria, the local government would be awarded the funcls. and be able to begin construction, all the planning, etc. would already be complete. Summary of requirements: A The sites identified and determined to be environmentally and technically suitable for the purpose to be served, and the land must be available. B. Preliminary engineering for wastewater management and storm water management done. C. Planning documentation complete. Example, reuse if reclaimed water to be a part of the proj ect, etc. D. Financial plan prepared. Capital costs, operational and maintenance costs, amount and source of non-federal share funding, the commitment froJJl a financmg entIty documented. A draft ordinance describing rates, fees, and charges, a connection ordmance, and a pretreatment ordinance in place. E. Public involvement in the entire process demonstrated. F. Federal grant funds shall not be accepJed contin~ent upon receipt of any ^ ID 46(.1dd/Z: additional federal funds in subsequent appropriation~. Local government mustr~' '''''G/~4/~~. ;Iiow a commitment to move forWard with projects, not a tentative or contingent commitment, but a readiness to move forward with the proj ect as a whole. 15) To ACOE &'{ag~~): In looking over projects funded this year in the same conference report in which we were funded, I noted that Broward County received funds marked as "reimbursable." If the municipal governments move forward with projects prior to the appropriation of future federal funds, what is the likelihood we can include reimbursement language that would allow for us to be paid back for those expenditures and what do you feel is the likelihood that future funds '~L be forthcoming? -[;, A: It is very important, then, for you to work with your congresspeople for those coming appropriations to get that reimbursable langua e in future appropriations bills. At 0 ,A,Lf y Reimbursable projects with the A E will still require us to meet the National #/1ctc " I~ &CA 4- Environ~ental Policies Act (NEP A) requirements and also the Corps design and rV""'/P.....} constructIon standards as well. - 16) To EPA (Freeman): You're the federal agency that has provided most of the grant funding for wastewater treatment projects for the federal government, yet you're not the agency designated to deal with the Florida Water Quality Improvement Act. Given your experience with this, as a semi-disinterested party, what is your assessment of what we need to be doing to make sure that the federal government feels comfortable committing serious funds to our projects? A: Even before the completion of the Phase I and Phase II Reports of the Water Quality Protection Program 10 years ago there was a continuous request for Federal and State funding of wastewater improvements in the Keys. That issue has continued and been reinforced by the many plans and studies that have further documented that need. As one 17 ~I ~~~ ~ ( . '~ U~ ll:l::la ~ommlSSloner ~lmeneZ l:::lU5J 289-6306 , Intergovernmental Taslc Force Minutes lbmsday. Apri14. 2002 lO:OOAM Marathon Gov't Center, BOCC Chambers I. n. fit If- Nt' Ie- Welcome and Introduction Federal Funding: A. The Anny Corp. of Engineers (ACOE) will begin work promptly on a document that will be composed of three documents. The Program Implementation GuideHnes (PIG), a draft Project Cooperation Agreement (PeA) and the Programmatic Environmental hnpact Study (EIS). It was noted that no credit for construction can be given until a PeA is executed, and that no PeA can be executed until a conmuction appropriation is made. The Programmatic EIS is necessary even thongh it is clear that there is a positive environment impact from improving wastewater. The Corp will try to create this draft document by contract quickly, within six months. But. we will need to have designated the non-Federal sponsor first. Savings and Slippage: Savings and Slippage (S&8) is applied to all projects appropriated funding each year. S&S is not an excess pot of moDe}' . OMB applies this S&S because they realize some projects will slip each year. OMB decides on a percentage each year to apply to the different appropriations. We can usually get S&S programmed back to the project if a need exists. Of the initial funding, $80,000 sent to S&8. The Corps has 1420,000 to work with in FY02. FlJture appropriations will be unlikely to be budgeted by the Corp under OMB. due to the program priorities as reflected in the OMB budget comments. There are additional challenges because of our wartime status. If money is provided through a Congressional add. the draft PeA will be a blueprint ready to go, and the final PeA will be negotiated and signed. . The Corps doesn't lobby for our adds. This is not a grant process. Grants have to be specifically authorized as such. That doesn't necessarily mean tho Corps builds each project. There are several different kinds of agreements, including oversight participation. One place where you can receive credit pre-PCA is land acquisition. Current fair market value is tho credit. The PeA lays out details for bow various partnership arrangements can work. Matching funds (even uto be returned by user fees) must be provided upfront and cannot come from a Federal source. The PeA needs a financial plan for the projects to be funded. If there is one non-Federal sponsor, all OlD' projects will be listed in a single PeA so all those projects will be eligible for funding as they become ready. In other words, with a non-Federal sponsor, everyone can be covered. It is also a huge plus for the Corp and for an efficient process, because a bunch of different agreements do not have to be created. If a problem emerges with the non-federal partner, a change is doable as loog as the projects remains as described. Changing the plan is a big problem. Nora requested Sharon look at how the NevadalMissouri programs got the sizable appropriations they received. as well as provide a copy of the model agreement, issued by Memorandum dated 27 November 2001, for that program. Although there are no guarantees once a project is started, Richard's experience has been that Congress will usually fund projects to completion once they have been initially funded. Traditionally in these programs, ACOE controls bidding and p.? 5/l hjJj..~ Florida House of Representatives - 2002 CS/HB 1653 By the Council for Smarter Government and Representative Sorensen 1 A bill to be entitled 2 An act relating to trust funds; creating s. 3 403.185, F.S.; creating the Florida Keys and 4 Key West Areas of Critical State Concern 5 Wastewater and Stormwater Trust Fund to be 6 administered by the Department of Community 7 Affairs; providing sources of funds; providing 8 purposes and administrative provisions with 9 respect to such purposes; providing rulemaking 10 authority for such administrative provisions; 11 providing for annual carryforward of funds; 12 providing for future review and termination or 13 re-creation of the trust fund; providing an 14 effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 403.185, Florida Statutes, is 19 created to read: 20 403.185 Florida Keys and Key West Areas of Critical 21 State Concern Wastewater and Stormwater Trust Fund.-- 22 (1) There is created the Florida Keys and Key West 23 Areas of Critical State Concern Wastewater and Stormwater 24 Trust Fund to be administered by the Department of Community 25 Affairs for the purpose of funding priority wastewater and 26 stormwater management projects in the Florida Keys and Key 27 West Areas of Critical State Concern. 28 (2) The trust fund shall be credited with state 29 appropriations made by law and with funds from state and 30 federal grants. 31 1 CODING:Words 5tL~ckcn are deletions; words underlined are additions. SEP-17-02 13,54 FROM,MONROE COUNTY ATTY OFFICE 10,3052823518 PAGE 1/1 Commissioner Nelson RESOWTlON 811, -2pp2 A RESOLUTION OF THE BOARD O' COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA REQUESTING MONROE COUNTY'S CONGRESSIONAL DELI!GATlON TO CAUSE THE $100,000,000 APPROPRIATED FOR WASTEWATER AND STORMWATER PROJECTS IN MONROE COUNTY TO BE PLACED IN A TRUST FUND ADMINISTERED BY THE STATE DEPART,..ENT OF <;OMMU8JTY ~~FAIRS WHEREAS, the US Army Corps of Engineers (ACOE) lacks experience in adminIstering small wastewater and stormwater projects; WHEREAS, the State Department of Community Affairs (DCA) does have such experience; and WHEREAS, State Representative Ken Sorensen is willing to introduce legislation to establish a DCA administered trust fund for the disbursement of funds for wastewater and stormwater projects In Monroe County; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNlY, FLORIDA: Section 1. Monroe County's Congressional delegation is hereby requested to cause the $100,000,000 appropriated for wastewater and stormwater projects in Monroe County to be transferred from the ACOE to a DCA administered trust fund. DCA will then be responsible for disbursing the $100,000,000 for wastewater and stormwater projects in Monroe County. Section 2. The Clerk is directed to send certified copies of this Resolution to Senator Graham, Senator Nelson, Congresswoman Ros-Lehtinen. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 18th day of September, 2002. Mayor MCCOy Mayor Pro Tem Spehar Commissioner Nelson Commissioner Neugent Commissioner Jimenez (SEAL) Attest: DANNY LKOLHAGE, Clerk BOARD OF COUNlY COMMISSIONERS OF MONROE COUN1Y, FLORIDA By By Deputy Clerk Mayor/Chairperson jdresSWDCA