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Agenda 03/14/2017 Item #11D03/14/2017 EXECUTIVE SUMMARY Recommendation to consider a request from the Florida Department of Environmental Protection (FDEP) for Collier County to serve as a temporary receiver for the Everglades City Utilities system. OBJECTIVE: To receive direction on the request from FDEP that Collier County consider serving as a temporary receiver for the Everglades City Utilities (ECU). CONSIDERATIONS: On February 21, 2017, FDEP met with staff to discuss the condition of the ECU and to request that Collier County consider assisting in solving the problem. They identified that the potable water facility has been included in the existing wastewater complaint with the court, and that City management was amenable to work with FDEP on a plan to bring the utility back into compliance. FDEP noted that Collier County utilities has an exemplary record of delivering high quality water and wastewater services and is the closest utility provider that could manage the combined water/wastewater utility for the ECU. The concept of developing a temporary receivership agreement was put on the table for further consideration. The receivership option could be a provisional management vehicle until such time that a final solution is adopted. Ultimately, the ECU may reach a point that it is able to take back the management. Alternatively, other management structures via County Ordinance or Legislative action, considering the County itself, or a third-party Government Utility Authority may be adopted to properly manage the utility. On March 3, 2017, Collier County received a letter from FDEP formally requesting assistance and cooperation from Collier County Public Utilities (Attachment 1). The receivership concept for a period of up to two years, would allow all interested parties time establish an entity that would best serve the County’s and the City’s interests. The temporary nature of the receivership may also allow for the solicitation and expenditure of available state funds for the rehabilitation and replacement of the water and wastewater facility infrastructure. As a condition of accepting a temporary receivership agreement, staff and the County Attorney would seek appropriate indemnification and would identify a sufficient funding plan. At this time, staff is only seeking Board approval to begin discussion with FDEP to refine the concept. FISCAL IMPACT: Funds are available in the General Fund (001) for the initial legal ECU receivership and general support up to $10,000 for special legal counsel expertise. GROWTH MANAGEMENT IMPACT: None specific to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board (1) Considers the FDEP request for Collier County to serve as a temporary receiver, among other options, for the Everglades City Utilities; (2) directs staff to work with FDEP and bring back appropriate action items in the near future for Board action; (3) authorizes the County Attorney to retain special legal counsel to assist and provide needed legal expertise in this process; and (4) encourages the City of Everglades City to work 11.D Packet Pg. 284 03/14/2017 cooperatively with FDEP and EPA to resolve the utility’s non-compliance. Prepared By: G. George Yilmaz, Public Utilities Department Head Joseph Bellone, Director, Financial Operations Support Division ATTACHMENT(S) 1. FDEP Letter - Everglades CIty-3-3-17 (PDF) 11.D Packet Pg. 285 03/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.D Doc ID: 2846 Item Summary: Recommendation to consider a request from the Florida Department of Environmental Protection for Collier County to serve as a temporary receiver for the Everglades City Utilities system. (George Yilmaz, Public Utilities Department Head) Meeting Date: 03/14/2017 Prepared by: Title: Division Director - Operations Support – Public Utilities Operations Support Name: Joseph Bellone 03/06/2017 4:08 PM Submitted by: Title: Operations Analyst – Public Utilities Operations Support Name: Heather Sweet 03/06/2017 4:08 PM Approved By: Review: Public Utilities Department Joseph Bellone Level 1 Division Reviewer Skipped 03/06/2017 3:21 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/06/2017 4:10 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/06/2017 4:50 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/07/2017 9:41 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 03/07/2017 11:56 AM Budget and Management Office Ed Finn Additional Reviewer Completed 03/07/2017 4:17 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/08/2017 1:19 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM 11.D Packet Pg. 286 www.dep.state.fl.us Florida Department of Environmental Protection South District Post Office Box 2549 Fort Myers, Florida 33902-2549 SouthDistrict@dep.state.fl.us Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Ryan E. Mathews Interim Secretary March 3, 2017 Mr. Leo E. Ochs, Jr. County Manager County Manager’s Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 maryjobrock@colliergov.net Re: Everglades City Utilities Dear Mr. Ochs, We appreciated the opportunity to discuss the referenced project with Collier County staff on February 21. The Department shared that the potable water facility has been included in the existing Waste Water treatment facility Complaint with the Court. We also explained the funding limitations that have arisen from the non-compliance issues. Finally, we discussed paths forward to ensure the affected citizens are provided safe and reliable water and wastewater service. The County has the opportunity to guide the future for the combined water/wastewater utility for the City and surrounding unincorporated areas. The various options will take some time to vet, but conditions at the facilities warrant a more expedited timetable for action. The Department is working with the City to voluntarily turn over, through a current Court proceeding, the facilities and assets to a receiver. A receiver could be a management entity (Special Board) created by County Ordnance or Legislative action, the County itself, or a third-party Government Utility Authority. The major concern for any receiver is the potential monetary liability involved with the facility. The wastewater facility is under a Consent Order for essentially a complete rebuilding effort. 11.D.a Packet Pg. 287 Attachment: FDEP Letter - Everglades CIty-3-3-17 (2846 : Direction regarding Everglades City Utilities) Mr. Leo E. Ochs, Jr. County Manager March 3, 2017 Page 2 of 2 During our discussions, the concept of the County serving as temporary receiver evolved. This could be the best option for several reasons. The Collier County Utilities department is of the finest in the State, and is very capable of assuming an oversight management role quickly to ensure continued service to the residents. As a temporary receiver for a period of up to two years, a utility authority could be created that would best serve the County’s interests. The temporary nature of the receivership may also allow for the solicitation and expenditure of available state funds for the replacement of the wastewater facility infrastructure. The Department requests the County consider serving as a temporary receiver for the Everglades City Utilities by directing staff to vet this option with us to help the Commission determine if it is an appropriate path forward. Sincerely, _________________________ Jon M. Iglehart Director of District Management JMI/JC/isc 11.D.a Packet Pg. 288 Attachment: FDEP Letter - Everglades CIty-3-3-17 (2846 : Direction regarding Everglades City Utilities)