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Resolution 276-2016RESOLUTION NO. 276 - 2016 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING THE ALLOCATION OF MONROE COUNTY RESTORE ACT FUNDS TO CANAL WATER QUALITY RESTORATION PROJECTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in July 2012 the United States Congress passed the "Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012" (Act), and the President signed the Act into law, known as the RESTORE Act, to establish a trust fund for deposits of 80% of administrative and civil penalties exacted from parties responsible for the Deepwater Horizon oil spill for distribution of the funds among the affected states; and WHEREAS, the RESTORE Act distributes civil fines collected from the responsible parties under the Clean Water Act to impacted States and counties along the Gulf Coast in three separate streams or "pots" of funds: Direct Component "Pot 1" (Local Pot); Restoration Council Pot "Pot 2 "; and Spill Impact Component "Pot 3" (Gulf Consortium Pot); and WHEREAS, Monroe County is scheduled to receive both Spill Impact Component "Pot 3" (Gulf Consortium Pot) funding in the amount of approximately $12.5M and Direct Component "Pot 1" (Local Pot) in the amount of approximately $7.7M; and WHEREAS, the Spill Impact Component "Pot 3" funds are $286M, with an additional $14M expected in interest, for an approximate total of $300M. These funds are overseen by the Gulf Consortium, made up of representatives of the 23 disproportionately and non- disproportionately affected counties of the State of Florida. On September 21, 2012, Monroe County joined the Gulf Coast Consortium by approving the Interlocal Agreement and authorizing Resolution No. 246- 2012; and Commissioner George Neugent has represented Monroe County on the Executive Committee of the Gulf Consortium for the past 4 years; and WHEREAS, the Gulf Consortium ( "Consortium ") is responsible for developing a state- wide plan for expending the funds in Pot 3, called the State Expenditure Plan ( "SEP ") that will include eligible projects from each of the 23 Gulf Coast counties; and WHEREAS, the SEP must be approved by the Restoration Council and therefore projects to be included and funded in the State Expenditure Plan must be consistent with the RESTORE Act and the Council's Comprehensive Plan's adopted Gulf Consortium goals, which are: • Restore and Conserve Habitat — Restore and conserve the health, diversity, and resilience of key coastal, estuarine, and marine habitats. • Restore Water Quality — Restore and protect water quality of the Gulf Coast region's fresh, estuarine, and marine waters. • Replenish and Protect Living Coastal and Marine Resources — Restore and protect healthy, diverse, and sustainable living coastal and marine resources. • Enhance Community Resilience — Build upon and sustain communities with capacity to adapt to short- and long -term changes. • Restore and revitalize the Gulf Economy — Enhance the sustainability and resiliency of the Gulf economy; and Page 1 of 4 WHEREAS, the State Expenditure Plan must have the approval of the State of Florida Governor's office (and represented by Florida Department of Environmental Protection), and therefore projects to be included in the State Expenditure Plan shall be aligned with the coastal environmental priorities of the State of Florida, the most significant of which, as identified by the Consortium as theme for its plan, is water quality; and WHEREAS, it is an additional important goal of the Consortium to be able to use the $300M in its Pot 3 funds to leverage funds from other Deepwater Horizon spill - related funding buckets such as Council funding (Pot 2) and National Fish and Wildlife Foundation (NFWF). Therefore, the Consortium seeks to include projects in the SEP which have the potential to maximize leveragability, i.e., align with the priorities of those other sources, are founded on sound environmental plans, have secured local match, and are of significant size, scope and benefit; and WHEREAS, the Consortium formally approved expending Pot 3 funds such that each of the 23 counties making up the Consortium will have an equal amount of funded projects included in the State Expenditure Plan; thus each of the 23 counties will have approximately $12.5M ($13M with interest) in projects funded through the State Expenditure Plan; and WHEREAS, the Consortium will receive its Pot 3 funds via annual payments of approximately $20M over a 15 year period, under the terms and conditions of the Consent Decree approved and entered into by the US District Court and BP, with payments beginning in April 2017 through 2032; and WHEREAS, the Gulf Consortium has yet to determine the distribution of these annual funds among the projects of the 23 counties over the 15 -year payout period; and WHEREAS, canal water quality restoration is entirely consistent with goals and priorities set forth by the Consortium in the State Expenditure Plan; and WHEREAS, the County is also the recipient of RESTORE Act Direct Component ( "Local Pot " / "Pot I"). These funds to the Local Pot come via three different settlement allocations (see attached Treasury Department Allocation Tables): • Transocean settlement: $1,184,925, in a one -time, lump sum payment (allocated); • Anadarko settlement: $172,673, in a one -time, lump sum payment (not yet allocated); and • BP settlement: for $6,358,288, in annual payments over a 15 -year period (not yet allocated); and WHEREAS, the BOCC approved allocating the $1.184M in Transocean funding in the County's local pot, on February 18, 2015, to three projects: $478K for canal restoration in unincorporated Monroe, $128K for canal restoration in Islamorada and $578K for coral restoration. An advisory group convened by the Board of County Commissioners recommended these projects for funding based on a selection process developed by the committee as directed and approved by the BOCC; this process is reflected in the Monroe County Multi -Year Implementation Plan ( "MYIP "), adopted by the Board of County Commissioners on September 16, 2015 per Resolution 252 -2015, and deemed in compliance with the RESTORE Act regulations by the U.S. Treasury Department on April 6, 2016; and Page 2 of 4 WHEREAS, Monroe will receive the BP funds to its Local Pot via annual payments of over a 15 year period, under the terms and conditions of the Consent Decree approved and entered into by the US District Court and BP, with payments beginning in April 2017 through 2032; and will be paid as such: • 2017: payment of $410K; • 2018: payment of $220K; and . 2019 through 2031: annual payments of $440K; and WHEREAS, the extended payout period for these funds adds significantly to the County's administrative /oversight costs for the management, monitoring and reporting of the expenditure of these funds; and as RESTORE Act law limits administrative reimbursement to 3 %, the County desires to allocate these funds in a way that minimizes additional costs incurred to the County; and WHEREAS, allocating these funds to a large - scale, long -term environmental /restoration initiative such as canal restoration is cost - effective, while also being consistent with the local priorities articulated in the MYIP; and WHEREAS, canal restoration is a component of overall water quality and environmental protection in the Florida Keys, complementing the $1 B investment by local taxpayers and the state to implement centralized wastewater treatment to protect and restore water quality, and complies with the letter and intent of the RESTORE Act; and WHEREAS, over three hundred (300) canals have been identified in the Monroe County Canal Management Master Plan (CMMP) as having sub - standard water quality, and are listed as "impaired water bodies" by the EPA and exceed DEP Chapter 62 -302 Surface Water Standards for nutrients, such as nitrogen and phosphorus and dissolved oxygen. Canals discharge directly into near shore Outstanding Florida Waters in the Florida Keys National Marine Sanctuary ( FKNMS), where FDEP has adopted a "zero- degradation" policy. High levels of nutrients and low levels of dissolved oxygen are conditions that have been directly linked to extensive die -off of coral reefs and seagrass beds in coastal waters; and WHEREAS, canal water restoration projects will remedy the high nutrient loading and low dissolved oxygen impairing the water in canals by implementing technologies that address the most significant causes of those conditions: accumulated organics, seaweed loading, and poor flushing and tidal flow. WHEREAS, reduced nutrient loading, increased dissolved oxygen and increased water clarity to the nearshore Outstanding Florida Waters and the waters of FKNMS will improve water quality conditions that are essential for sustaining a marine ecosystem that is one of the most unique and prolific in the world, and home to the only living coral reef in the continental U.S., and one of the world's largest seagrass beds, both rich and productive habitats that provide support to 6,000 species of plants, fishes, and invertebrates, including many species listed for protection under the Endangered Species Act; and Page 3 of 4 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: 1. The Board of County Commissioners of Monroe County, Florida hereby approves the entire allocation of the BP and Anadarko settlement portions of funds to Monroe County's Pot 1 ( "Local Pot ") to canal restoration projects. 2. The Board of County Commissioners of Monroe County, Florida hereby approves the inclusion of canal water restoration projects in the State Expenditure Plan for Monroe County's share of Pot 3 ( "Gulf Consortium Pot ") and approves the entire allocation of Monroe County's share of the Gulf Consortium Pot to canal restoration projects. 3. This resolution shall take effect upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 14th day of November, 2016. Mayor Heather Carruthers yes Mayor Pro Tem George Neugent yes Commissioner Danny Kolhage yes Commissioner David Rice yes Commissioner Sylvia Murphy yes BOARD OF COUNTY COMMISSIONERS Clerk OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor MONROE C01.111`! 7 , -.TTORNEY AP ROV %I' fiy r�� ASSIST= , ATTORNEY Date_ °� 0/� Page 4 of 4 kJo C) C-1 .3 C�. U., o- 0 U0 0 C"i By: Mayor MONROE C01.111`! 7 , -.TTORNEY AP ROV %I' fiy r�� ASSIST= , ATTORNEY Date_ °� 0/� Page 4 of 4 GULF COAST RESTORATION TRUST FUND -' T�I'4Y�SoC�/f/v February 1, 2016 Treasury- Administered Direct Component Florida Trust Fund Allocations as of December 31, 2015 Nondisproportionately Impacted Charlotte Citrus Allocation of $ 737,204.48 670,082.03 $ - - $ 737,204.48 670,082.03 Florida County Florida's Direct Gross Allocations Obligations Current Allocations Dixie Component Share Made Available - Available Disproportionately Affected 75% 711,498.01 - 711,498.01 Bay 15.101453044% $ 6,470,084.58 $ - $ 6,470,084 Escambia 25.334760043% 10,854,454.86 415,850.11 10,438,604.75 Franklin 8.441253238% 3 - 3,616,580.62 Gulf 6.743202296% 2,889,065.65 560,400.66 2,328,664.99 Okaloosa 15.226456794 6,523,641.34 - 6,523,641.34 Santa Rosa 10.497314919% 4,497,482.14 - 4,497,482.14 Wakulla 4.943148294% 2,117,848.36 - 2,117,848.36 Walton 13.712411372% 5,874,961.90 - S,874,961.90 Subtotal - 000000 M%j $ 42 844119.45 1 $ 976,250.77 $ 41,867,868.68 Nondisproportionately Impacted Charlotte Citrus 25% 5 1 % 4.692% $ 737,204.48 670,082.03 $ - - $ 737,204.48 670,082.03 Colli 7 1,002,409.58 - 1,002,409.58 Dixie 3.484% 497,563.04 - 497,563.04 Hernando 4.9829 711,498.01 - 711,498.01 Hillsborough 13.339% 1,904,992.36 - 1,904,992.36 Jefferson 3.834% 547,547.85 - 547,547.85 Lee 8.776% 1,253,333.31 - 1,253,333.31 Levy 3.894% 556,116.67 - 556,116.67 Manatee Monroe Pasco Pinellas Sarasota 6.809% 8.297% 7.079% 11.002% 7.248% 972,418.70 -) 1,184,925.53 1010,978.41 1,571,236.67 1,035,113.93 - - - - - 972,418.70 1,184,925.53 1,010,978.41 1,571,236.67 1,035,113.93 Taylor 4.383%1 625,952.58 - 625,952.58 Subtotal 100.000%1 $ 14,281,373.15 $ 14,281,373.15 Totall $ 57,125,492.60 1 $ 976,250.77 56,149,241.83 Department of the Treasury Page 2 Office of Gulf Coast Restoration GULF COAST RESTORATION TRUST FUND Al /9 February 1, 2016 Allocation Estimates Including Deposit from Anadarko Petroleum Judgment Treasury- Administered Direct Component Florida Allocation Estimates Nondisproportionately Estimated Net Allocation Impacted Allocation of Gross Allocations Proceeds Obligations as of Estimates including Florida County Florida's Direct Available as of to be Deposited December 31, Deposit from Citrus Component Share December 31, 2015 from Anadarko 2015 Anadarko Judgment Collier 7.03 1,002,409.58 Judgment s after Obligations Disproportionately Affected 75% 497,563.04 72,507.49 - S 570,070.53 Bay 1 .1 $ 6,470,08458 $ 942,854.39 $ - $ 7,412,938.97 Esambia 25.334760043% 10,854,454.86 1581,767.63 415,850.11 $ 12,020,372.38 Franklin &4412532389 3,616580.62 527,026.94 - S 4,143,60756 Gulf 5.743202296% 2,889,065.6S 421,009.68 560,400.66 $ 2,749 674.67 Okaloosa 15226456794% 6,523,641.34 950,658.96 - $ 7,474,300.30 Santa Rosa 10.497314919% 4,497,482.14 655,39650 - $ 5,152,878.64 Wakuus 4.94314829476 2,117,84836 308,623.88 - $ 2,426,472.24 Walton 1.141 5,874,961.90 856,130.02 - S 6,731,09192 Subtotal 200• S 42,844,119.45 1 S 6,243,468.00 $ 976,250.77 $ 48,111,336.68 Nondisproportionately Impacted 25% Charlotte S- 62 %j 737,204.48 S 107,429.27 S S 844 633.75 Citrus 4.692% 670,082.03 97,647.84 - S 767,72917 Collier 7.03 1,002,409.58 146,076.34 $ 1,148,485.92 Dixie 3.484% 497,563.04 72,507.49 - S 570,070.53 Hernando 4.982% 711,498.01 103,683.19 $ 815,181.20 Hillsborough 13.339% 1,904,992.36 277,605.40 - $ 2,182,597.76 Jefferson 3.834% 547,547.85 79,791.52 - $ 627,339.37 Lee 8.776% 1,253333.31 182,642.25 - S 1,435,975.56 Levy 3.894% 556,116.67 81,040.21 $ 637,156.88 Manatee 6.809% 972,418.70 141,705.91 - $ 1,114,124.61 Monroe 8.297% 1,184,92553 -9 172,673.51 $ 1,3S7,599.04 Pasco 7.079% 1,010,978.41 147,325.03 - $ 1,158,303.44 Pinellas 11.002% 1,571,236.67 228,968.78 $ 1,800,205.45 Sarasota 7.248% 1,035,113.93 150,842.19 - $ 1,185,956.12 Taylor 4.383%1 625,952.58 91,217.07 - $ 717,169.65 Subtotal 100-000%1 14,281,373.15 1 2,081,156.00 - $ 16,362,529.15 Total S 57,125,492.60 1 $ 8,324,624.00 1 S 976,250.77 I S 64,473,865.83 1 For illustrative purposes, estimates Include the single payment of the December 16, 2015, Anadarko Petroleum Corporation Judgment, Issued by the United States District Court for the Eastern District of Louisiana, and are adjusted for Fiscal Year 2016 sequestration, pursuant to section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. These values do not Include an interest estimate for the Anadarko payment. Department of the Treasury Page 5 Office of Gulf Coast Restoration PROJECTED BP ANNUAL DEPOSITS INTO THE GULF COAST RESTORATION TRUST FUND PURSUANT TO THE CONSEM DECREE ACCEPTED ON APRIL 4.2016 SY THE EASTERN FEDERAL DISTRICT COURT OF NEW ORLEANS Estbdatad Gross Allocations Cumulative by Yew Through 2031 rkm.nl/4r to GrrN Coest aari.rethrn T)uat Puad: rases - +AMeeetlent rer�e to &- famine NreAnwaris AvoNeble and Funds AwrA* +a 4Rs+ ObNovebm of han*m Trc Administered Direct Com MOM Florida Cou nty Formula Allocatlon Estimates Gron Allocation faehnatd 6rott tstimwd 6At/ EsWeMSd Gress Estimated Gross Fathrated Gross b dwAW Groat Estlrost d Gross Atlocaunn F mwlaa B~rwwors ANoodowt AMaalloes AOswloro ANscadons Allocations Allecin sru Allocation rAda count, #wFWda'sohea andObapoons taaadaM -Tro Cr— dotniTlravah 0 d*Wl*ovah Cwnv4lMTM ewr.dativaTMogb a. owl-u amislatlsaTWousb compowrt slave As of Year 1 UM M you 2 wah k Yw3 Web W Yw4 welt aP Year S weh BP Yew 18 IN" eP Your 15 with IW Jana A 2016 hers Procaa4 Plasaad► III Prosaads prooaam Presrds I017P n Pr aaaDl wif am- 2o261 a02T -20321 F;-71 4 k'1 Sekmw mm dlwa) Floc Total Department of the Treasury Ilk Pftw&M aIUWDa. mbar 14 ,"2MS.AndwknhMel«.ntarpowtionlud n@ nt, bMMdIgties1hd 0dAsasOlsuktCaurtfartirEasaeaOboktdlanrbbna ,mmpr tosstlon2smot dw aWnud salt twd EnMro—v Ddblt c.nud Act or ism ar.rlMllldad. 1.3Grt /j ilok/ tZZuk / -+ 1 /`10 1`, `r .lam 7 R"ithad September 2, 2016 +'(/o 'f'