Item I2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 18,
2006
Division:
County
Administrator
Bulk Item: Yes
No X
Department:
County
Administrator
Staff Contact Person: Mr. Tom Willi
AGENDA ITEM WORDING: Approval of a resolution authorizing the negotiation of financial
assistant agreements and direct processing of allocations from Specific Appropriation Number 1818
with the Key Largo Water Treatment District (KLWTD) in the amount of six million thirty eight
thousand and the City of Marathon in the amount of one million dollars by the Florida Department of
Environmental Protection.
ITEM BACKGROUND: The State of Florida 2006-2007 General Appropriations Act, Chapter 2006-
25 Laws of Florida, included Specific Appropriation Number 1818 which appropriated eighteen
million dollars to Monroe County and two million dollars to the City of Key West to fund the
construction of wastewater projects.
PREVIOUS RELEVANT BOCC ACTION:
On August 16, 2006, the BOCC approved the allocation of six million thirty eight thousand dollars
($6,038,000.00) to the KLWTD, one million dollars to the City of Marathon ($1,000,000.00), and ten
million nine hundred and sixty two thousand ($10,962,000.00) to Monroe County.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $0 BUDGETED: Yes NA No
COST TO COUNTY: $0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #_
Revised 2/05
Engineering Division
MEMORANDUM
To: County Administrator's Office
From: Elizabeth Wood, Sr. Administrator — Sewer Projects
Date: 10/4/2006
Re: Resolution for allocation of 06-07 General Appropriation
AGENDA ITEM WORDING: Approval of a resolution authorizing the negotiation of
financial assistant agreements and direct processing of allocations from Specific
Appropriation Number 1818 with the Key Largo Water Treatment District (KLWTD) in the
amount of six million thirty eight thousand and the City of Marathon in the amount of one
million dollars by the Florida Department of Environmental Protection.
ITEM BACKGROUND: The State of Florida 2006-2007 General Appropriations Act,
Chapter 2006-25 Laws of Florida, included Specific Appropriation Number 1818 which
appropriated eighteen million dollars to Monroe County and two million dollars to the City
of Key West to fund the construction of wastewater projects. On September 8, 2006,
Martin Waits of the Key Largo Water Treatment District (District) sent a letter to the office
of the County Administrator regarding Tim Bank's (FDEP Administrator for our area)
direction to coordinate with Monroe County to obtain approval for FDEP to administer
the appropriation funding directly with the District. Mr. Bank's weekly summary on
9/14/06 to Secretary Castille indicated that FDEP was still waiting for a resolution
describing the BOCC approved allocation from August 16, 2006.
PREVIOUS RELEVANT BOCC ACTION:
On August 16, 2006, the BOCC approved the allocation of six million thirty eight
thousand dollars ($6,038,000.00) to the KLWTD, one million dollars to the City of
Marathon ($1,000,000.00), and ten million nine hundred and sixty two thousand
($10,962,000.00) to Monroe County.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
Mayor
RESOLUTION NO. -2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO
DISTRIBUTE THE STATE APPROPRIATION FROM THE 2006-2007
GENERAL APPROPRIATIONS ACT, CHAPTER 2006-25 LAWS OF
FLORIDA, IN THE AMOUNT OF SIX MILLION THIRTY EIGHT
THOUSAND DOLLARS ($6,038,000.00) FOR CONSTRUCTION OF
WASTEWATER FACILITY PROJECTS DIRECTLY TO THE KEY
LARGO WASTEWATER TREATMENT DISTRICT AND THE SUM
OF ONE MILLION DOLLARS ($1,000,000.00) DIRECTLY TO THE
CITY OF MARATHON.
WHEREAS, the Florida State Legislature appropriated Twenty Million Dollars to be used by the
Department of Environmental Protection (DEP) in Specific Appropriation Number 1818 to fund the construction
of wastewater facility projects in Monroe County and the City of Key West in the General Appropriations Act,
chapter 2006-25 Laws of Florida; and
WHEREAS, Eighteen Million Dollars is to be used for projects in Monroe County and Two Million
Dollars is to be used in the City of Key West; and
WHEREAS, at the Board of County Commissioners' meeting of August 16, 2006, the Board decided
on the amounts to be allocated to particular entities from the Eighteen Million Dollars as follows:
Six Million Thirty-eight Thousand Dollars ($6,038,000.00) - Key Largo Wastewater District (District)
One Million Dollars ($1,000,000.00) - City of Marathon (City)
Ten Million Nine Hundred Sixty Two Thousand Dollars ($10,962,000.00) - Monroe County, for the
Big Coppitt project; and
WHEREAS, it is more efficient and cost effective if the DEP deals directly with each entity receiving
funds; and
WHEREAS, there is no requirement by the state that the funds go through Monroe County for
distribution; and
WHEREAS, DEP is willing to negotiate financial assistance agreements and process the funds as
allocated directly with Monroe County, City and District; and
1818:
WHEREAS, the funding is subject to the following proviso in the Specific Appropriation Number
"In order to be eligible for funding under this specific appropriation, each grant recipient must
document that the wastewater project:
Is designed to meet the wastewater treatment and disposal requirements in chapter 99-395, Laws of
Florida, as amended;
Is included in the Monroe County Sanitary Wastewater Master Plan or other formally adopted planning
document addressing engineering and financing;
Involves exclusively construction or design - build;
Has been openly procured among contractors qualified to build wastewater facilities in the physical
environment of the Florida Keys;
Is to be located on sites acquired not later than March 1, 2007;
Will initiate construction no later than May 1, 2007;
Will result in the completion of entire facilities or significant phases of facilities;
Leverages other moneys (local funds, including local bonding; Department of Environmental Protection
State Revolving Fund loans; or other sources of money) to the maximum extent possible;
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Shall provide at least a 60% match from any other sources except a direct line item appropriation from
the State Legislature;
Has in place a system of user charges, fees, assessments, or other funding mechanisms to pay for the
completion of construction and long term operation and maintenance of the project; and
Provides mechanisms to ease the cost burden of the project on low-income residents." and
WHEREAS, pursuant to the appropriation legislation the Secretary of DEP is to decide whether the
criteria in the above proviso have been met;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
OF MONROE COUNTY:
1. Six Million Thirty Eight Thousand Dollars ($6,038,000.00) from Specific Appropriation Number
1818 shall be used by the State of Florida DEP to enter into a financial assistance agreement to fund the
construction of wastewater facility projects within or for the Key Largo Wastewater District as agreed upon
exclusively between DEP and District.
2. One Million Dollars ($1,000,000.00) from Specific Appropriation Number 1818 shall be used by
DEP to enter into a financial assistance agreement to fund the construction of wastewater facility projects within
or for the City of Marathon as agreed upon exclusively between DEP and City.
3. Other funds from Specific Appropriation Number 1818 designated for Monroe County, Ten Million
Nine Hundred Sixty Two Thousand Dollars ($10,962,000.00), shall remain available for the Monroe County Big
Coppitt project under the conditions of the appropriation's proviso language and for the purpose of entering into
a financial assistance agreement with DEP.
4. If DEP determines that District, City or the Monroe County Big Coppitt project do not meet the
conditions of the proviso language in the appropriation language as stated above, or the terms of any financial
assistance agreement, DEP may revisit the allocations of funds with Monroe County.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the day of 12006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Glenn Patton
Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORMA
By:
Deputy Clerk
(SEAL)
By:
MAYOR
MONROE COUNTY ATTORNEY
APPROV AS TO FORM:
SUS M. GRIMSLEY
ASSIST T COUNTY ATTORNEY
Date
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