HomeMy WebLinkAbout2006 12 11 Consent 409 Total Maximum Daily Load
COMMISSION AGENDA
ITEM 409
CONSENT
December 11, 2006
Meeting
Authorization
REQUEST: The Public Works Department - Stormwater Division requests City
Commission authorization to enter into an Interlocal Agreement with
Seminole County and the cities of Altamonte Springs, Casselberry, Lake
Mary, Longwood, Sanford, and Oviedo, providing intergovernmental
cooperation on stormwater Total Maximum Daily Load (TMDL) - related
implementation activities.
PURPOSE: The purpose ofthis agenda item is to request authorization to enter into an
Interlocal Agreement with Seminole County and the cities of Altamonte Springs,
Casselberry, Lake Mary, Longwood, Sanford, and Oviedo, providing
intergovernmental cooperation on stormwater TMDL-related implementation
activities.
TMDL SUMMARY:
. Under the federal Clean Water Act Section 303 (d) and the Florida Water Restoration
Act, Total Maximum Daily Loads (TMDLs) must be developed for all waters that are not
meeting their designated uses and, consequently, are defined as "impaired waters." A
TMDL is the maximum amount of a given pollutant that a water body can absorb and still
meet water quality standards, including applicable water quality criteria and its designated
uses (e.g. drinking, fishing, swimming). TMDLs provide important pollution reduction
goals that will guide water quality restoration activities for many years to come.
. The City of Winter Springs within the Seminole County area is grouped under the Middle
St. Johns River Basin, which includes Lake Jesup and its contributing tributaries. FDEP
conducted investigations, monitoring, and water quality assessments of the Middle St.
Johns River Basin and verified that Lake Jesup is impaired (polluted) for nutrients
(nitrogen and phosphorous) and un-ionized ammonia criteria. Lake Jesup was one of the
water bodies included on the Verified List of Impaired Waters for the Middle St. Johns
River Basin that was adopted by Secretarial Order on May 27,2004.
121106_ COMM _ Consent_ 409 _ Interloca1 Agreement for TMDL Coordination
Consent Agenda Item 409
December 11, 2006
Page 2
TMDL PROCESS AND CURRENT STATUS:
The development and implementation of the TMDL program is a five-phase process being guided
by the Florida Department of Environmental Protection (FDEP), with the phases, current status,
and estimated schedule for Lake Jesup as follows:
o Phase 1 - Preliminary evaluation of water quality - COMPLETE
o Phase 2 - Strategic monitoring and assessment - verification of water quality impairments
- COMPLETE
o Phase 3 - Development and adoption ofTMDLs - FDEP has adopted the TMDLs for
Lake Jesup; regulatory approvals are pending
o Phase 4 - Development of a Basin Management Action Plan (BMAP) to achieve the
TMDL - Currently in-progress; completion in late 2007 or 2008
o Phase 5 - Implementation of the BMAP and monitoring of results - 2008 and beyond
INTERLOCAL AGREEMENT SUMMARY:
The proposed TMDL Interlocal Agreement with Seminole County and all incorporated cities in
the County will accomplish the following:
. Streamline intergovernmental cooperation on regional TMDL issues
. Increase the effectiveness in seeking and obtaining matching funds from outside sources
for implementation of TMDL-related activities
. Allow local governments to share knowledge and resources on TMDL issues
The Interlocal Agreement will create a TMDL "Technical Coordination Group" (TCG) consisting
of representatives from the County and each incorporated city. The TCG will meet regularly,
identify priority studies and projects, develop cost sharing formulas, seek matching funds, and
perform other activities as needed to cost-effectively implement the TMDL.
The Interlocal Agreement provides a means for local jurisdictions to implement regional TMDL
solutions without entering into separate Interlocal Agreements for every regional TMDL activity.
FUNDING:
This Interlocal Agreement does not require any funding. Funding requests for specific projects to
be performed under this Agreement would go through the City's normal budgeting and approval
process.
121106_ COMM_ Consent_ 409 _Interlocal Agreement for TMDL Coordination
Consent Agenda Item 409
December 11, 2006
Page 3
RECOMMENDATION:
Staff recommends that authorization be given to enter into an Interlocal Agreement with
Seminole County and the cities of Altamonte Springs, Casselberry, Lake Mary, Longwood,
Sanford, and Oviedo, providing intergovernmental cooperation on TMDL-related
implementation activities, subject to the proposed text to be added as shown on page 3,
paragraph #2 of the attached agreement.
ATTACHMENTS:
1. Exhibit 1 - Interlocal Agreement for TMDL Activities
COMMISSION ACTION:
121106_COMM_Consent_ 409 _Interlocal Agreement for TMDL Coordination
INTERLOCAL AGREEMENT FOR TOTAL MAXIMUM DAILY LOAD (TMDL) ACTIVITIEES
THIS AGREEMENT, made and entered into this
day of
, 20 , by and between SEMINOLE COUNTY, a political
subdivision of the State of Florida, whose address is Seminole County
Services Building, 1101 E. First Street, Sanford, Florida 32771,
hereinafter referred to as uCOUNTY., the CITY OF ALTAMONTE SPRINGS, a
Florida municipal corporation, whose address is 225 Newburyport
Avenue, Altamonte Springs, Florida 32701, hereinafter referred to as
"ALTAMONTE SPRINGS., the CITY OF CASSELBERRY, a Florida municipal
corporation, whose address is 95 Triplet Lake Drive, Casselberry,
Florida 32707, hereinafter referred to as uCASSELBERRY., the CITY OF
LAKE MARY, a Florida municipal corporation, whose address is 100 N.
Country Club Road, Lake Mary, Florida 32746, hereinafter referred to as
"LAKE MARY", the CITY OF LONGWOOD, a Florida municipal corporation,
whose address is 175 W. Warren Avenue, Longwood, Florida, 32765,
hereinafter referred to as the LONGWOOD", the CITY OF SANFORD, a
Florida municipal corporation, whose address is 300 N. Park Avenue,
Sanford, Florida 32771, hereinafter referred to as uSANFORD", the CITY
OF OVIEDO, a Florida municipal corporation, whose address is 400
Alexandria Boulevard, Oviedo, Florida 32765, hereinafter referred to
as "OVIEDO", and the CITY OF WINTER SPRINGS, a Florida municipal
corporation, whose address is 1126 E. State Road 434, Winter Springs,
Florida 32708, hereinafter referred to as "WINTER SPRINGS".
WITHNESSETH:
MBBRBAS, State's TMDL program requirement became effective in the
Spring of 2006 and will be reflected in the National Polluntant
1
Discharge Elimination System (NPDES) permit requirements beginning in
2007; and
WHEREAS, meeting the requirements of the State TMDL progr~ will
require local governmental agencies to cooperate extensively on TMDL-
related studies and projects; and
MBBRBAB, such intergovernmental cooperation will result in more
efficient, cost-effective TMDL compliance for each governmental
agency, and less duplication of efforts overall; and
WBBRBAS, entering into a cooperative interlocal governing TMDL
activities will accomplish the following:
. Streamline cooperation on TMDL related issues without
superseding the authority of any individual governmental entity.
. Increase the effectiveness of Seminole County local
governments in seeking and obtaining matching funds from regional,
State and Federal sources for implementation of TMDL-related
activities.
. Allow
local
governments
to
share
resources
for
development of effective programs for TMDL, NPDES, lake management,
basin studies and educational outreach,
HOW, "J.'IIJ!:RBFORE, in consideration of the premises and covenants of
each party for the benefit of the others set forth below, the parties
hereto agree as follows:
1. There is hereby established by the parties the Technical
Coordination Group, hereinafter referred to as the "TCG", consisting
of the following members, by position (or designee) in the respective
juriSdictions:
2
. Principal Engineer - Stormwater Programs (COUNTY)
. Compliance Coordinator (ALTAMONTE SPRINGS)
. City Engineer (CASSELBERRY)
. Stormwater Professional Engineer (LAKE MARY)
. Community Development Coordinator (LONGWOOD)
. City Engineer (OVIEDO)
. City Engineer (SANFORD)
. City Engineer (WINTER SPRINGS)
2. The TCG shall meet as needed to jointly review TMDL-related
activities in Seminole County and make recommendations to the
governing boards of Seminole County governmental entities with respect
to such activities and projects designed to meet TMDL-related needs.
The TCG responsibilities shall include, but not be limited to, the
following:
(a)
For ongoing activities:
providing member jurisdictions to this agreement
with advisory recommendations pertaining to
. Identify study priorities.
. Identify jurisdictions that should participate in
each.
.
Obtain concurrence
from each jurisdiction's
representative.
. Develop and recommend a cost sharing formula for
each activity.
. Develop total TMDL activity-related expenditures
for each jurisdiction.
. Develop/approve the scope for each joint study.
3
. Participate, where applicable and permitted, in
selection of consultants and contractors for approved project.
(b) For capital projects:
. Identify priorities.
. Identify jurisdictions that should participate in
each.
. Obtain concurrence from each jurisdiction.
. Develop and recommend agreed upon cost sharing
formula specific to each project, addressing financing, contribution
and payment issues and procedures to be used for processing and
payment qf change orders. (Jurisdictions participating in a project
would have to agree to the formula for that project.)
· Seek matching funds from regional, State or
Federal sources.
· Develop total TMDL project-related expenditures
for each jurisdiction.
· Develop/approve scope.
. Seek board approvals.
· Participate, where applicable and permitted, in
selection of consultants and contractors for approved project.
(c) The TCG shall also, on an annual basis or as deemed
necessary by participating governmental entities, present reports on
activities, projects, and progress with TMDL-related goals. Said
reports shall contain TCG recommendations with respect to TMDL-related
4
requiring approval
of
the participating governmental
projects
entities.
3. Each party to this Agreement agrees that, upon its approval
of, and award of, funds for any TCG reconunended project, this
Interlocal Agreement shall serve as authorization for the
participating jurisdictions to proceed with that project without
further written agreement between the parties, unless the parties deem
it in their best interest with respect to the project to reduce
additional issues to formal agreement.
4. Each party to this Agreement shall have the right of access
at reasonable times to observe and inspect all the other parties
books, records and other information of whatsoever nature related to
TMDL activities and the work of the TOG.
S. Each party to this Agreement shall retain its right to
approve, disapprove, or modify its participation in any TCG
reconunended project or activity and shall further retain its right to
decide the amount of its financial participation, if any, in such
projec'ts and activities.
6. Any party may terminate its participation in this Agreement
by giving sixty (60) days written notice of its intention to do so to
the other parties. Upon a party's withdrawal from participation in
this Agreement, its representation on the TCG shall also be withdrawn.
7. This Agreement is solely for the benefit of the formal
parties herein and nb right or cause of action shall accrue upon, or
by reason hereof, to or for the benefit of any third party not a
formal party thereto.
5
8. This Agreement shall be binding on the parties hereto and
their representatives and successors. Neither party shall assign this
Agreement or the rights and obligations thereof to any other party.
9. This Agreement and the provisions contained herein shall be
construed, controlled. and interpreted according to the laws of the
State of Florida.
10. Any provision of this Agreement which is prohibited or
unenforceable under any laws shall be ineffective to the extent of
such prohibition or unenforceability without invalidating the
remaining provisions hereof, provided the rights and obligations of
the parties hereto are not materially prejudiced and the intentions of
the parties can continue to be effected.
11. Any notice to be given by any party to this Agreement to
the other parties shall be sent by either hand delivery, registered or
certified mail to the respective addresses shown below. Either party
may change its notice address by giving proper written notice to the
others as provided herein.
FOR COUNTY:
County Manager
1101 E. First Street
Sanford, FL 32771
FOR ALTAMONTE:
City Manager
225 Newburyport Avenue
Altamonte Springs, FL 32701
For CASSELBERRY:
City Manager
95 Lake Triplet Drive
Casselberry, FL 32707
6
FOR LAKE MARY:
City Manager
100 N. Country Club Road
Lake Mary, FL 32746
For LONGWOOD:
City Manager
175 W. Warren Avenue
Longwood, FL 32750
FOR OVIEDO:
City Manager
400 Alexandria Boulevard
Oviedo, FL 32765
For SANFORD:
City Manager
300 N. Park Avenue
Sanford, FL 32771
P.O. Box 1788, Sanford, FL 32772-1788
For WINTER SPRINGS:
City Manager
1126 E. S.R. 434
Winter Springs, FL 32708
12. This Agreement shall become effective upon its execution by
all ~he parties and shall remain in effect until mutually terminated
by the parties.
13. This Agreement may be executed simultaneously and in any
number of counterparts, each of which shall be deemed an original, but
all of which shall constitute one and the same instrument. The
headings herein set out are for convenience and reference only and
shall not be deemed a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement for the purposes stated herein.
7
ATTEST:
CITY OF ALTAMONTE SPRINGS
PATSY WAINWRIGHT, City Clerk
By:
RUSSEL HAUCK, Mayor
Approved as to form and
legal sufficiency.
Date:
SKIP FOWLER, City Attorney
ATTEST:
CITY OF CASSELBERRY
THELMA MCPHERSON, City Clerk
By:
BOB GOFF, Mayor
Approved as to form and
legal sufficiency.
Date:
CATHERINE REISHMANN, City Attorney
ATTEST:
CITY OF LAKE MARY
CAROL FOSTER, City Clerk
By:
THOMAS C. GREENE, Mayor
Approved as to form and
legal sufficiency.
Date:
CATHERINE REISHMANN, City Attorney
8
ATTEST:
SARAH M. MIRUS, City Clerk
Approved as to fo~~d
legal sufficiency.
RICHARD TAYLOR, City Attorney
ATTEST:
BARBARA BARBOUR, City Clerk
Approved as to fo~ ~d
legal sufficiency.
WILLIAM L. COLBERT, Ci ty Attorney
ATTEST:
JANET R. DOUGHERTY, City Clerk
Approved as to form ~d
legal sufficiency.
WILLIAM L. COLBERT, City Attorney
CITY OF LONGWOOD
By:
JOHN MAINGOT, Mayor
Date:
CITY OF OVIEDO
By:
THOMAS G. WALTERS, Mayor
Date:
CITY OF SANFORD
l;ly :
LINDA KUHN, Mayor
Date:
9
ATTEST:
CITY OF WINTER SPRINGS
ANDREA LORENZO-LUACES, City Clerk
By:
JOHN F. BUSH, Mayor
Approved as to fo~~d
legal sufficiency.
Date:
ANTHONY A. GARGANESE, City Attorney
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
CARLTON HENLEY, Chairman
MARYANNE MORSE
Clerk to the Board of
County Coxmnissioners of
Seminole County, Florida .
Date:
For the use and reliance
of Seminole County only.
As authorized for execution
by the Board of County Commissioners
at their , 20_____
regular meeting.
Approved as to fo~ and
legal sufficiency.
County Attorney
AC/1pk
10/24/06
Interlocal all municipalitieS-TMDL
10