Fort Walton Beach Council agenda — 12-24-2010 Regular — reading text

has qualifi validity or enforcement of or relating to any contract of vork in connection pointment the authority, the authority shall be conclusively deemed to have become established and authorized to clerk, and ill mean persons or of the du( transact business and exercise its powers hereunder Ime which is neces- r sioner. A ( upon proof of the adoption of a resolution by the gov- ity :undertaking the eming body declaring the need for the authority. Such for his or h without financial resolution or resolutions shall be sufficient if it declares sary expe and sanitary dwell- that there is such need for an authority and finds in sub- the dische this subse stantially the foregoing terms, no further detail being y notes, interim cer- necessary, that either or both of the above enumerated sioners of icates, or other obli- the date o jant to this chapter. conditions exist in the city. A copy of such resolution 2) Th duly certified by the clerk shall be admissible in evi- all lands, including dence in any suit, action or proceeding. the commi n, and property of History. —s. 4, ch. 17981, 1937; CGL 1940 Supp. 7100(3 -d). majority o rn co used in connection rum of the 0 t and right, legal or 421. 05 Appointment, qualifications, and tenure of business for years and liens commissioners; hiring of employees. — purposes. otherwise and the 1) When the governing body of a city adopts a res- vote of a n 5. olution as aforesaid, the mayor, with the approval of the in any cas M or `obligee" shall governing body, shall promptly appoint no fewer than number. 1 U) istee or trustees for five persons, and no more than seven persons, as com- erring bo( ing to the authority ers appoir 0 housing project, or of tthe commissioners who are first appointed shatl' 6e of the chaff lessor's interest or designated to serve for terms of 1, 2, and 3 years the author government when it M respectively; the remaining commissioners shall be missionen s iuthority. designated to serve for terms of 4 years each, from the commissi( 7100(3 -c); s. 1, ch. 20219, 67-566. date of their appointment. Thereafter, each commis - tary, who- sioner shall be appointed as aforesaid for a term of experts, a 0 horities.- office of 4 years, except that a vacancy shall be filled for ees, perm s ied; there is hereby the unexpired term by an appointment by the mayor shall Bete c I politic to be known with the approval of the governing body within 60 days pensation m ity; provided, how- after such vacancy occurs. Each housing authority cre- authority r E transact any busi- ated pursuant to this chapter- shall have at least one or may e ider until or unless x- commissioner who shall be a resident who is current in authority r cu kr%or rM0^ 11 Minn choll rent in n hni minn nrnisn& nr A nccrcnn of rrniv nr uani Invu Amnlnvaa Q I Packet  14.1 City Council of Fort Walton Beach ENGINEERING SERVICES MEMORANDUM To: Robert T. Mearns, City Manager From: Michael Beedie, City Engineer Date: December 14, 2010 Subject: Participation in Lawsuit Against EPA 1. BACKGROUND: 1. 1. On November 15, 2010, the United States Environmental Protection Agency EPA) implemented the Numeric Nutrient Criteria ( NNC) Rule that sets forth discharge limits for Total Nitrogen and Total Phosphorus from publicly -owned treatment works ( POTWs) for wastewater and stormwater utilities that are permitted through the NPDES program. The initial rule applies to the water quality standards in streams, rivers, and lakes. Another rule is expected sometime in late 2011 that will apply to all discharges into estuaries and marine waters. 1. 2 EPA' s rationale for these standards is that excess loads of nitrogen and phosphorus, the common nutrients found in water bodies, are one of the most prevalent causes of water quality impairment in the United States and that it is a widespread, persistent, and growing problem." 1. 3. On December 6, 2010, the NNC Rule was filed in the Federal Register. The final rule becomes effective 15 months from its publication in the Federal Register. 1. 4. Between the time the NNC rule was initially published in the Federal Register in August 2010 and the pre -publication language on November 14, 2010, the EPA raised the limits based on comments received during the comment period. 2. DISCUSSION: 2. 1 Two main concerns have emerged. First, the science behind the proposal is not sound, and second, the costs are both too high and not proportionate to the environmental benefits that EPA is hoping to achieve. The Florida Water Environment Association Utility Council represents government and private utilities in Florida and released a report on November 1, 2010, which stated that treatment costs to meet the new standards are estimated to be between $ 4.2 and 6. 7 billion, and the annual debt service, including incremental operating and maintenance costs, is expected to range from $ 430 million to $ 620 million per year. Typical increases in customer charges are expected to range from $ 570 to 990 per year. 2. 2. Just for stormwater alone, the City of Fort Walton Beach could be facing a financial effect of hundreds of millions of dollars to construct pumping stations and treatment units at its over 60 stormwater outfalls. Currently, there are no known treatment technologies in the industry that have been proven to meet the NNC limits. 2. 3. This amounts to an unfunded mandate imposed by the federal government on the state of Florida and its residents who will eventually pay for this rule. 2. 4 Numerous utilities in Northwest Florida are partnering to enter into a Joint Packet Pg. 92  14.1 City Council of Fort Walton Beach ENGINEERING SERVICES MEMORANDUM To: Robert T. Mearns, City Manager From: Michael Beedie, City Engineer Date: December 14, 2010 Subject: Participation in Lawsuit Against EPA Agreement for Legal Representation ( JALR) to analyze and review the validity of the recently adopted NNC Rule in order to challenge its implementation. 2. 5. Currently, the parties involved in the JALR are Destin Water Users, Inc., South Walton Utility Co., Inc., Emerald Coast Utility Authority, and Okaloosa County Water & Sewer. The City of Panama City and Bay County are also considering the idea ofjoining into the JALR. 3. FINANCIAL INFORMATION: 3. 1. The . Joint Agreement for Legal Representation with the law firm of Oertel, Fernandez, Cole & Bryant, P. A. in Tallahassee, Florida, sets an hourly rate for legal services with a maximum fee of $70,000 that will be shared equally by all parties involved in the JALR. 3. 2. With the four utilities listed above a party to the agreement, the City of Fort Walton Beach would require a maximum of $14, 000 to participate in the JALR. 3. 3. There; are sufficient funds available in the Utilities Enterprise Fund reserve net assets