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Item J1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 16, 2009 Division: Growth Management Bulk Item: Yes -X- No Department: Staff Contact PersonlPhone #: Christine Hurley Ext. 2517 AGENDA ITEM WORDING: Approval of a resolution of the Monroe County Board of County Commissioners requesting the Florida Legislature bond an additional fifty million dollars ($50,000,000.00) of Save Our Everglades Trust Fund monies to be appropriated this fiscal year toward the Florida Keys Area of Critical State Concern protection program to restore and conserve natural systems through the implementation of wastewater management projects. ITEM BACKGROUND: County-wide there is a need for approximately $400,000,000.00 to complete the Keys Wastewater Plan. In addition, proposed Rule 28-20.140 of the Florida Administrative Code requires Monroe County to draft a resolution to the Florida Legislature requesting the issuance of $50,000,000.00 of the $200,000,000.00 in bonds authorized under Florida Statute Sec. 215.619 and a state appropriation of sufficient debt service for those bonds for the construction of wastewater infrastructure within the Florida Keys. This resolution is being proposed now for the 2010 legislative seSSIOn. PREVIOUS RELEVANT BOCC ACTION: March 18, 2009 - BOCC approved Resolution No. 081-2009 requesting the same action. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes _No COST TO COUNTY: n/a SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty 1L- OMB/Purchasing _ Risk Management_ DOCUMENT A TION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 RESOLUTION NO. -2009 - A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THE FLORIDA LEGISLATURE BOND AN ADDITIONAL FIFTY MILLION DOLLARS ($50,000,000.00) OF SAVE OUR EVERGLADES TRUST FUND MONIES TO BE APPROPRIATED TIDS FISCAL YEAR TOWARD THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN PROTECTION PROGRAM TO RESTORE AND CONSERVE NATURAL SYSTEMS THROUGH THE IMPLEMENTATION OF WASTEWATER MANAGEMENT PROJECTS WHEREAS, proposed Rule 28-20.140 of the Florida Administrative Code requires Monroe County to draft a resolution to the Florida Legislature requesting the issuance of Fifty Million Dollars ($50,000,000.00) of the Two Hundred Million Dollars ($200,000,000.00) in bonds authorized under Florida Statute Sec. 215.619 and a state appropriation of sufficient debt service for those bonds, for the construction of wastewater infrastructure within the Florida Keys; and WHEREAS, the State of Florida House of Representatives Environment and Natural Resources Council unanimously passed House Bill 1135 at a regularly scheduled meeting on April 4, 2008 authorizing Two Hundred Million Dollars ($200,000,000.00) in additional bonding for complete implementation of the "Keys Wastewater Plan" dated November 2007; and WHEREAS, the State of Florida House of Representatives Policy and Budget Council unanimously passed House Bill 1135 at a regularly scheduled meeting on April 21, 2008 authorizing Two Hundred Million Dollars ($200,000,000.00)in additional bonding for complete implementation of the "Keys Wastewater Plan" dated November 2007; and WHEREAS, the State of Florida Senate Committee on Environmental Preservation and Conservation unanimously passed Senate Bill 1552 at a regularly scheduled meeting on March 13, 2008 authorizing Two Hundred Million Dollars ($200,000,000.00) in additional bonding for complete implementation of the "Keys Wastewater Plan" dated November 2007; and WHEREAS, the State of Florida Senate Committee on Finance and Tax unanimously passed Senate Bill 1552 at a regularly scheduled meeting on April 22, 2008 authorizing Two Hundred Million Dollars ($200,000,000.00) in additional bonding for complete implementation of the "Keys Wastewater Plan" dated November 2007; and WHEREAS, the State of Florida Senate unanimously passed Senate Bill 1552 on April 30, 2008 authorizing Two Hundred Million Dollars ($200,000,000.00) in additional bonding for complete implementation of the "Keys Wastewater Plan" dated November 2007; and WHEREAS, Chapter 99-395 of the Laws of Florida mandates the upgrade of all wastewater systems within the Florida Keys to advanced wastewater treatment standards or best available technology by July 1, 2010 without regard to funding assistance; and WHEREAS, Monroe County and the Florida Keys are one of five Areas of Critical State Concern as designated by the Florida legislature in 1975; and WHEREAS, the estimated cost for complete implementation of the "Keys Wastewater Plan" dated November 2007 is Nine Hundred Thirty-Seven Million Dollars ($937,000,000.00) with Six Hundred One Million Dollars ($601,000,000.00) currently funded leaving an unfunded amount of Three Hundred Thirty-Six Million Dollars ($336,000,000.00); and WHEREAS, proposed Rule 28-20.140 of the Florida Administrative Code requires implementation of the "Keys Wastewater Plan" to achieve interim progress each year as determined by the State of Florida Administration Commission; and WHEREAS, the bond funds are necessary to fund Keys wastewater management and disposal systems and achieve the interim progress required each year; NOW, THEREFORE, BE IT RESOLVED by the Monroe County Board of County Commissioners: The Monroe County Board of County Commissioners requests that the Legislature of the State of Florida honor the authorization of Fifty Million Dollars ($50,000,000.00) this fiscal year to be bonded through secured monies in the Save Our Everglades Trust Fund toward funding the Florida Keys Area of Critical State Concern protection program to restore and conserve natural systems through the implementation of wastewater management projects identified in the "Keys Wastewater Plan" dated November 2007 and submitted to the Florida House of Representatives on December 4,2007. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _ day of ,2009. Mayor Sylvia Murphy Mayor pro tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Sylvia Murphy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk