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HomeMy WebLinkAboutR-2013-092 Supported Creation of a Regional C-51 Governance & Finance Work Group to Develop Governance & Finance Strategies for Phase I Implementation of the Proposed C-51 Reservoir Project RESOLUTION NO. 2013-092 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE CREATION OF A REGIONAL C-51 GOVERNANCE AND FINANCE WORK GROUP TO DEVELOP li GOVERNANCE AND FINANCE STRATEGIES FOR PHASE I IMPLEMENTATION OF THE PROPOSED C-51 RESERVOIR PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Broward and Palm Beach Counties' Water Resources Task Forces were created for the purpose of identifying and evaluating cost-beneficial and effective regional water supply projects and conservation strategies; and WHEREAS, in 2006, prior to the convening of the Task Forces, Broward and Palm Beach water providers were beginning to investigate the potential development of a large surface water reservoir project to serve as a regional alternative water supply by capturing stormwater runoff for wet season storage and later distribution and use during the dry season; and WHEREAS, this project subsequently become known as the C-51 Reservoir, given its proposed siting just north of the C-51 Canal in central Palm Beach County, and is contemplated to include 75,000 acre-feet of surface water storage at a site proximate to the existing L-8 Reservoir where geologic characteristics allow long-term surface water storage without significant seepage losses; and WHEREAS, both Task Forces have been actively engaged in the advancement of the proposed C-51 Reservoir, having received numerous technical presentations, offered guidance and planning strategies, and conducted a site tour; and WHEREAS, regional collaboration in the C-51 Reservoir planning effort has expanded beyond the initial seven(7) utilities and in 2010/2011, a Memorandum of Understanding (MOU) was jointly approved by the City of Fort Lauderdale, the South Florida Water Management District, Palm Beach County, and the Lake Worth Drainage District providing for committed support to ongoing planning efforts, and this MOU was subsequently supported by seven (7) local governments, including Broward County; and WHEREAS, these planning efforts included project cost estimates, analysis of water availability and conveyance options, environmental considerations, economic analyses, hydrologic modeling, geotechnical evaluations, and processes for water supply certification, with the results documented in technical reports; and WHEREAS, these assessments have substantiated early estimations about the viability of the C-51 Reservoir as an alternative water supply with unique benefits that may include lower capital and operational costs,reduced energy demands, water resource enhancements (via aquifer recharge), wellfield offsets, and better general permittability relative to other alternative water supply options; and WHEREAS, most recently, the South Florida Water Management District, Broward County, Palm Beach County, and the Lake Worth Drainage District collaborated in the completion of the C-51 Preliminary Design and Cost Estimate Report dated June 2012, which estimates total water availabilityfrom the proposed C-51 Reservoir at 185 million gallons per P P g day(mgd) and total construction costs of$760 million; and WHEREAS, while the benefits of the C-51 Reservoir were originally focused on environmental enhancements and alternative water supply development, there is an increasing appreciation of the benefits the C-51 Reservoir in the preservation of existing water supplies, especially in light of climate change pressures; and WHEREAS, climate change and rising sea levels are predicted to.increase drought severity and saltwater intrusion into coastal wellfields, and storage provided in the C-51 can help mitigate these impacts while also providing stormwater mitigation and flood control protection during extreme storm events in an area that was inundated with the passage of Tropical Storm Isaac; and WHEREAS, on January 18, 2013, a joint meeting of the Task Forces was convened for the purpose of considering these issues, receiving a C-51 project status update, receiving updated cost estimates, evaluating phased implementation, and considering next steps; and WHEREAS, information presented at this meeting included a phased construction plan that would allow for Phase I construction to provide 14,000 acre-feet (35 mgd) of storage capacity in 2.5 years at an estimated cost between $150.5 and$186.5 million; and WHEREAS,many entities expressed strong support for the project and the need to move from project planning to implementation; and WHEREAS, having received and considered this information, the joint memberships of the Task Forces voted unanimously to support advancement of Phase I Implementation of the C- 2 RESOLUTION#2013-092 51 Reservoir project and the convening of a Work Group to develop a draft Interlocal Agreement and scope of work, including governance of and finance strategies for project construction and operation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIOM OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the City of Dania Beach supports the creation of the C-51 Governance and Finance Work Group ("Work Group") to develop governance of and finance strategies for construction and operation of the C-51 Reservoir Project as a regional project. The City of Dania Beach also finds that the Work Group is needed to serve the public interest in regional alternative water supplies and that the cost of its existence and operation to the citizens and taxpayers of the participating governmental entities is justified. Section 2. That the Work Group membership shall be composed of the appointees and alternatives of the following entities: (a) One (1) Broward County Commissioner appointed by the Board of County Commissioners of Broward County, Florida; (b) One (1) Palm Beach County Commissioner appointed by the Board of County Commissioners of Palm Beach County, Florida; (c) One (1) representative appointed by the South Florida Water Management District; (d) One (1) representative of a drainage/water control district located in Broward County appointed by the Surface Water Coordination Committee; (e) One(1) representative appointed by the Lake Worth Drainage District; (f) One (1) representative from and appointed by the Broward Water Resources Task Force; (g) One (1) representative from and appointed by the Palm Beach Water Resources Task Force; (h) Up to four (4) elected officials representing Broward County municipalities or independent water providers which adopt resolutions providing support for the C- 51 Work Group and Phase I development the C-51 Reservoir Project; and 3 RESOLUTION#2013-092 (i) Up to four (4) elected officials representing Palm Beach County municipalities or independent water providers which adopt resolutions providing support for the C- 51 Work Group and Phase I development the C-51 Reservoir Project. Section 3. That the Work Group shall be considered as created with the appointment of at least 5 members comprising categories (a) through (g). Work Group members in categories (h) and (i) will be chosen by the members in categories (a) through (g) from eligible municipalities and water providers by a majority vote. Each such municipal or water provider member shall appoint a representative to serve on the Work Group. Section 4. That the Work Group may increase the maximum number of members provided for in categories (h) and(i), by a majority vote. Section 5. That the appointment of a member to the Work Group is not for a fixed term. Appointees are required to attend meetings. An appointee shall serve as a member until the appointee is removed by the appointing authority, the appointee resigns, the appointee is absent for two consecutive meetings, or the Work Group is "sunset". In the event of a resignation or removal, the appointing authority may designate a new appointee or make its alternate the appointee and designated a new alternate. Section 6. That the Work Group members will be asked to develop and propose to their respective local or regional governing bodies an Interlocal Agreement to fund the procurement of consultant services to develop options for Phase I of the C-51 Reservoir Project. Work Group members will also be asked to evaluate the resulting options for Phase I of the C-51 Reservoir Project and make a recommendation to their respective local or regional governing bodies regarding a governance and finance strategy for implementation of Phase I of the C-51 Reservoir Project. Section 7. That the member entities must designate an alternate appointee, which may include a technical staff person,to serve in the absence of their appointee. Section 8. That as a regional working group, this Work Group is not a Broward County advisory board, but is subject to the public meetings and public records laws of the state of Florida and its members are subject to Sections 26-70 and 26-70.1 of the Broward County Code of Ordinances regarding lobbying and acceptance of gifts. Section 9. That a quorum of the Work Group shall be a majority of then-current total membership. 4 RESOLUTION#2013-092 Section 10. That the Work Group shall have a Chair and Vice-Chair elected from the appointees to the Work Group. Election of a Chair and Vice-Chair shall be the first order of business of the Work Group when a quorum is established. If the Chair or Vice-Chair can no longer serve due to resignation or removal, the election of a replacement shall be the first order of business at the next meeting of the Work Group where a quorum is present. Section 11. That the Work Group shall meet monthly, or more frequently as needed,to oversee and consider technical deliverables necessary to develop and propose a draft Interlocal Agreement for construction and operation of Phase I of the C-51 Reservoir Project, but shall "sunset" one (1)year from its first meeting date unless otherwise extended by resolution of all of the local or regional governmental entities comprising the then-current membership. Section 12. That the Work Group shall evaluate project economics and full cost accounting of proposed C-51 Reservoir Project costs, and shall consider and make recommendations regarding governance and finance strategies for construction and operation of Phase I of the C-51 Reservoir. These strategies may include, but are not limited to, the development of a water authority, special district, or public-private partnership. Section 13. That entities represented on the Work Group shall provide support staff to the Work Group. Section 14. That support staff shall coordinate and prepare meeting notices and minutes, maintain records, coordinate or prepare draft reports, and prepare the final report containing the findings and recommendations of the Work Group. Section 15. That recommendations of the Work Group shall be reported at a joint meeting of the Palm Beach and Broward Water Resources Task Force prior to the finalizing of them. Section 16. That the governmental entities adopting this Resolution recognize and agree that their participation as members of the Work Group is voluntary. The participating governments further recognize that any final report issued by the Work Group shall not be construed as imposing any mandates upon the participants or other government entities. It is understood and desired, rather, that the Work Group will produce recommendations for local governments, water managers, and water providers as there is a move forward as a region with consideration and decision-making regarding the C-51 Reservoir project as a regional water resource. 5 RESOLUTION#2013-092 Section 17. That the City of Dania Beach directs staff to send a copy of this Resolution to the South Florida Water Management District, the Broward County Board of County Commissioners, the Palm Beach County Board of County Commissioners, the Lake Worth Drainage District,the Task Forces, and the municipalities within Broward County. Section 18. That all resolutions or part of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 19. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on September 10, 2013. ATTEST: n1vl-1 U�(J LOUISE STILSON, CMC WALT9R B. DUKE, III CITY CLERK MAYOR APPROVED AS TO O AND CORRECTNESS: o�PVol THOMAS J. AN R CITY ATTORNEY 6 RESOLUTION#2013-092