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Item T5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 16.2002 Division: County Administrator Bulk Item: Yes No -K- Department: County Administrator AGENDA ITEM WORDING: Adoption of a Resolution to further the acquisition of federal funding for the implementation of the municipal and County's Wastewater and Stormwater Master Plans in Monroe County. ITEM BACKGROUND: At the September, 2002 BOCC meeting, the Board passed a Resolution supporting the establishment of a state sponsored trust fund in to which the appropriations under the federal $100 million authorization would be deposited. These would then be available for projects within the County and its municipalities. At the Intergovernmental Task Force meeting on October 4,2002, that Resolution was discussed and the cities expressed concern that the approach at this time would cause confusion at the federal level and might even impede the possibility of funding. Since it is essential that appropriations be obtained as soon as possible, the attached Resolution is recommended for passage. PREVIOUS RELEVANT BOCC ACTION: As above. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: -0- -- "\. BUDGETED: Yes No COST TO COUNTY: -0- REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty -K- OMB/Purchasing _ Risk Management _ ~~~ James L. Roberts DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # ~r- RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING RESOLUTION NO, 400-2002 REQUESTING LOCAL, STATE AND FEDERAL REPRESENTATIVES TO PURSUE ALL AVAILABLE FUNDS FOR WASTEWATER AND STORMWATER IMPROVEMENTS IDENTIFIED IN THE MONROE COUNTY MASTER WASTEWATER AND STORMWATER PLANS, AND TO CONSIDER THE MOST EFFECTIVE MEANS TO SECURE, ADMINISTER AND DISPERSE SUCH FUNDING. WHEREAS, the projected cost to provide wastewater and stormwater infrastructure improvements in the Florida Keys is estimated to exceed $ 425 million according to the Monroe County Master Wastewater and Stormwater plans; and WHEREAS, the members of the Florida Keys National Marine Sanctuary Water Quality Steering Committee, which includes local, state and federal representation, has recognized and supported the need for state and federal funding to assist with the cost of such infrastructure; and WHEREAS, Congress has passed an authorization of $ 100 million to assist in providing necessary wastewater and stormwater infrastructure in the Florida Keys in a 65% - 35% federal to non-federal match to be administered by the U.S. Army Corps of Engineers; and WHEREAS, the State of Florida, under the leadership of State Representative Ken Sorensen and with the support of Governor Jeb Bush, has provided $ 12 million in funding to provide for such infrastructure improvements as part of the non-federal match to the federally authorized $ 100 million; and WHEREAS, the Florida Department of Community Affairs oversees the Monroe County Comprehensive Plan which requires timely wastewater and stormwater improvements under the Area of Critical State Concern status; and WHEREAS, State Representative Ken Sorenson has expressed the desire to establish a wastewater and stormwater trust fund to be administered by the Florida Department of Community Affairs; and WHEREAS, Monroe County Board of County Commissioners appreciates the support and recognizes the need for wastewater and stormwater funding from local, state and federal sources in order to accomplish the requirements of the Monroe County Wastewater and Stormwater Master Plans; and WHEREAS, the Monroe County Board of County Commissioners passed Resolution No. 400-2002 in the interest of supporting state and federal efforts to assist in funding such infrastructure improvements; and WHEREAS, the Florida Keys Intergovernmental Task Force, representing local, state and federal interests in the Florida Keys, has recommended against seeking to transfer administrative responsibility for the authorized, but not yet allocated, Federal funding for wastewater and stormwater projects in Monroe County from the Army Corps of Engineers to the Florida Department of Community Affairs, to be disbursed from a DCA- administered trust fund; therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The BOCC requests that State Representative Ken Sorenson, Governor Jeb Bush, Congresswoman Ros-Lehtinen Senat2{ Graham, Senator Nelson and representatives of the Florida Keys Int~lg~~y.task Force)f~u..n.. to~etermine the most effective way for local, state and federal funds to be secured, administered and dispersed for purposes of wastewater and stormwater infrastructure improvements. Section 2. The administration of allocated federal funding via the Florida Keys Water Quality Improvements Act remains the responsibility of the U.S. Army Corps of Engineers, with the South Florida Water Management District serving as the local partner until and unless a joint recommendation from the parties identified in Section 1 of this Resolution determines otherwise. Section 3. The Clerk is directed to send certified copies of this Resolution to Monroe County's State legislative delegation, Senator Graham, Senator Nelson, Congresswoman Ros-Lethinen, and all five municipalities in Monroe County replacing Resolution No. 400-2002. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th Day of October, 2002. Mayor McCoy rJ Mayor Pro Tern Spehar y Commissioner Nelson N Commissioner NeugentY Commissioner Jimenez t SEAL Attest: Danny L. Kolhage, Clerk BOARD OF COUNTY COMMISSIOERS OF MONROE COUNTY, FLORIDA By By Mayor/Chairperson Deputy Clerk J.t :(.."" t ~ ( b 0 V't. (" fY\ '" t /. T t= ) il-\.c,{ . 1\'\ oc..o I J -e. V~ L <L ~ C..e> ~ \.... Y\ ~ v S . RESOLUTION NO. 400 -2002 Commissioner Nelson A RESOLUnON OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA REQUESTING MONROE COUNTY'S CONGRESSIONAL DELEGAnON TO CAUSE THE $100,000,000 APPROPRIATED FOR WASTEWATER AND STORM WATER PROJECTS IN MONROE COUNTY TO BE PLACED IN A TRUST FUND ADMINISTERED BY THE STATE DEPARTMENT OF COMMUNITY AFFAIRS 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; WHEREAS, State Representative Sorensen has expressed willingness to introduce legislation creating a DCA-administered trust fund for wastewater and stormwater projects in Monroe County; now, therefore . BE IT RESOLVED BY THE BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY, flORIDA: Sectfon 1. The BOCC requests Monroe County's State legislative delegation to introduce legislation creating a DCA-administered trust fund for wastewater and stormwater projects in Monroe County, Sectfon 2, Monroe County's Congressional delegation is hereby requested to transfer administrative responsibility for the authorized, but not yet allocated, Federal funding for wastewater and stormwater projects in Monroe County from the ACOE to DCA, to be disbursed from a DCA- administered trust fund, Sectfon 3, The Oerk is directed to send certified copies of this Resolution to Monroe County's State legislative delegation and Senator Graham, Senator Nelson, and Congresswoman Ros-Lehtinen, Should Congresswoman Ros-Lehtlnen decide that the requested action would be counter-productive, the BOCC understands that she would take no action, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County~ '}=Jorida, at a regular meeting of said Board held on the 18th day of September, 2002, .... --. jdresSWDCA ~ c= .::::I ~ en 1""'1 -0 N ~ -0 :: t..) en N ~ ~ ~ llQ ~ BOARD OF COUNlY OMMISSIONERS . OF MONROE COU , flORIDA .." - r- IT1 o ." o ::0 :::0 rr'I C") o ::0 o By A RESOLUTION OF THE BOARD OF COPNrY COMMISSIONERS, MONROE COUNTY,FLORIDA REQUESTING MONROE COUNTY'S CONGRESSIONAL DELEGATION TO REQUEST A $500,000 APPROPRIATION F,iOM CONGRESS IN ORDER TO LEVERAGE LOCAL AND STATE INVESTMENTS IN WA~ AND STORMWATER IMPROVEMENTS WHEREAS, the Florida Keys Water Quality Improvements Act passed in December of 20000 requires a non-federal matching contribution of 35% of cost for projects; and WHEREASl Senator Bob Graham, Congressman Peter Deutsch and Congresswoman Ileana Ros- Lehtinen suppol.ted the enactment of this program, and WHEREAS, the amount local governments spend on matching share cannot be Counted as match until a Project Agreement (PCA) is signed by the U.S. Army Corps of Engineers as the federal sponsor and the South Florida Water Management District as the non-federal sponsor, and WHEREAS. a PCA and a concurrent agreement with local governments is expected to be ready for sit~natllre early next year, and WHEREAS, under U.S. Army Corp regulations, a PCA cannot be signed until an additional construction appropriation is received, and WHEREAS, The Florida legislature at the request of Representative Ken Sorensen and with the leadership of Governor Jeb Bush, has appropriated $12 million to be used as non-federal match during the current state fiscal year, and WHEREAS, lack of appropriation this year would mean that local expenditul'es wonld not be counted as required match toward projects funded under the Florida Keys Water Quality Improvement Army Corps of Engineers, and WHEREAS, the nearshore waters of the Florida Keys are degraded due to stormwater and wastewater pollution, therefOl'e BE IT RF:SOL VED BY THE BOARD OF COUNTY COMMISSIONWS : + J.. .{~~ ~ k.<< - Se'~tion 1: Monroe County's congressional delegation and Congresswoman Ileana Ros-Lehtinen are her-eby requested to work to obtain an FY03 appropriation of $500,000 for the U.S. Army Corps of .Engineers to assure that local and state funds will be counted as non-federal matching share, and Se(~tion 2: Monroe County's congressional delegation and Congresswoman Ileana Ros-Lehtinen are further requested to advise local government leaders on the best strategy for obtaining part or all of the remainder of the authorized funds in FY04. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, at a regular meeting of said body held 011 the 16th day of October, 2002 \TS v'd vvSv-2S2-S0E u~wP8 o~ s+~aqo~ I sawer eSE:Ol 20 Ll +00 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING RESOLUTION NO. 400-2002 REQUESTING LOCAL, ST ATE AND FEDERAL REPRESENT A TIVES TO PURSUE ALL AVAILABLE FUNDS FOR W ASTEW A TER AND STORMW A TER IMPROVEMENTS IDENTIFIED IN THE MONROE COUNTY MASTER WASTEWATER AND STORMWATER PLANS, AND TO CONSIDER THE MOST EFFECTIVE MEANS TO SECURE, ADMINISTER AND DISPERSE SUCH FUNDING, WHEREAS, the projected cost to provide wastewater and stOlmwater infrastructure improvements in the Florida Keys is estimated to exceed $ 425 million according to the Monroe County Master Wastewater and Stormwater plans; and WHEREAS, the members of the Florida Keys National Marine Sanctuary Water Quality Steering Committee, which includes local, state and federal representation, has recognized and supported the need for state and federal funding to assist with the cost of such infrastructure; and WHEREAS, Congress has passed an authorization of $ 100 million to assist in providing necessary wastewater and stormwater infrastructure in the Florida Keys in a 65% - 35% federal to non-federal match to be administered by the U.S. Army Corps of Engineers; and WHEREAS, the State of Florida, under the leadership of State Representative Ken Sorensen and with the support of Governor Jeb Bush, has provided $ 12 million in funding to provide for such infrastructure improvements as part of the non-federal match to the federally authorized $ 100 million; and WHEREAS, the Florida Department of Community Affairs oversees the Monroe County Comprehensive Plan which requires timely wastewater and stormwater improvements undcr thc Arca of Critical State Concern status; and WHEREAS, State Representative Ken Sorenson has expressed the desire to establish a wastewater and storm water trust fund to be administered by the Florida Department of Commwlity Affairs; and WHEREAS, Monroe County Board of County Commissioners appreciates the support and recognizes the need for wastewater and storm water funding from local, state and fe:deral sources in order to accomplish the requirements of the Monroe County Wastewater and Stormwater Master Plans; and WHEREAS, the Monroe County Board of County Commissioners passed Resolution No. 400-2002 in the interest of supporting state and federal efforts to assist in funding sllch infrastructure improvements; and 2'd vvSv-2S2-S0E U~wp8 O~s~~aqo~ I sawer e~E:or 20 ~r ~oo WHEREAS, the Florida Keys Intergovernmental Task Force, representing local, state and federal interests in the Florida Keys; has recommended against seeking to transfer administrative responsibility for the authorized, but not yet allocated, Federal funding for wastewater and stormwater projects in Monroe County from the Army Corps of Engineers to the Florida Department of Community Affairs, to be disbursed from a DCA- administered trust fund; therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: ~ +-<-1-.' ~~ v~ ..0-. ~..12..t c;:j.,.1 Section 1. The BOCC requests State Representative Ki Sorenson, Governor Jeb Bush, Congresswoman Ros-Lehtine Senator Graham Senator Nelson and Q t\ representatives of the Florida Keys InterageQ~ Task Force) onvene to dit~mli:R8 iM {b.. - "Y '"'-" J A~ 1110st effective way for local, state and federal funds to be secured, administered and ~ r V' - dispersed for purposes of wastewater and stormwater infrastructure improvements. Section 2. The administration of allocated federal funding via the Florida Keys Water Quality Improvements Act remains the responsibility of the D,S. Army Corps of Engineers, with the South Florida Water Management District serving as the local partner until and unless a joint recommendation from the parties identified in Section I of this Resolution determines otherwise. Section 3. The Clerk is directed to send certified copies of this Resolution to Monroe County's State legislative delegation, Senator Graham, Senator Nelson, Congresswoman Ros-Lethinen, and all five municipalities in Monroe County replacing Resolution No, 400-2002. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th Day of October, 2002. Mayor McCoy Mayor Pro Tern Spehar Commissioner Nelson Commissioner Neugent Commissioner Jimenez SEAL Attest: Danny L. Kolhage, Clerk BOARD OF COUNTY COMMISSIOERS OF MONROE COUNTY, FLORIDA By - Deputy Clerk By Mayor/Chairperson E'd vv9v-~S~-90E u~wp~ OJ s+~aqo~ I sawer eSE:OI ~O LI +00