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Agenda 04/22-23/2008 Item #16C 2 Agenda Item No. 16C2 April 22, 2008 Page 1 of9 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners of Collier County, Florida, as Ex-officio the Governing Board of the Collier County Water-Sewer District, Adopt a Resolution and Memorandum of Understanding/Charter, attached hereto as "Exhibit A", establishing the Lower West Coast Utility Council. OBJECTIVE: To adopt a Resolution and Memorandum of Understanding (MOU)/Charter, attached hereto as "Exhibit A", establishing the Lower West Coast Utility Council; authorize the Chairman of the Board of County Commissioners (Board) to execute the Resolution; and. to authorize the Public Utilities Division Administrator, or designee, to execute the MOU/Charter once executed by the other participating water and wastewater utility representatives. CONSIDERATIONS: In order to further the County's interests in the areas of water supply and wastewater, it is recommended by staff that the Board support the establishment of a Lower West Coast Utility Council. This group will provide a forum and organization of water and wastewater utilities within the Lower West Coast of Florida to develop priorities, issues, position statements and concerns that are of a common interest. The Lower West Coast Utility Council coverage area is shown in Figure I; please see the attached document. The Council will foster the ability to speak with one unified voice and effectively provide water supply and wastewater utility services to our customers in a cost effective, safe and environmentally conscious manner. The Public Utilities Division Administrator, or designee, will attend the meetings of the council. To assure that the public records are complete, the Resolution and fully executed MOU/Charter will be provided to the Clerk of the Circuit Court as soon as it is available. FISCAL IMPACT: Providing cost effective water and wastewater services is part of the Mission of the Council, as contained in the MOU/Charter. GROWTH MANAGEMENT IMPACT: There is no grow1h management impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: Protection of the environment is part of the Mission of the Council, as contained in the MOU/Charter document. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. RECOMMENDATIONS: That the Board take the following actions: 1) Adopt the Resolution and MOU/Charter, attached hereto as "Exhibit A", establishing the Lower West Coast Utility Council; 2) Authorize the Chairman of the Board to execute the Resolution; and 3) Authorize the Public Utilities Division Administrator, or designee, to execute the MOU/Charter once executed by the other participating water and wastewater utility representatives. PREPARED BY: Roy B. Anderson, P.E., Director, Public Utilities - Engineering Department Page 10f2 Agenda Item No. 16C2 April 22, 2008 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C2 Meeling Dale: Recommendation to approve as ex-officio the governing Board of the Collier County Water- Sewer District, to enter into a Memorandum of Understanding/Charter, establishing the Lower West Coast Utility Council. 4/22/200890000 AM Prepared By Roy B. Anderson, P .E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 3/19120082:06:49 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 3/281200811 :32 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 4/1/20089:29 AM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 413/2008 9:54 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 4/3/200810:08 AM Approved By Jennifer A. Selpedio Assistant County Attorney Date County Attorney County Attorney Office 4/7/20082;26 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 4/8/20088:28 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 4/9/200810:53 AM Approved By Randy Greenwald ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 4/9/2008 1 ;26 PM Approved By file://C:\AgendaTest\Export\ 1 05-April%2022,%202008\ l6.%20CONSENT%20AGENDA\1... 4/]6/2008 Page 2 of2 Agenda Item No. 16C2 April 22, 2008 Page 3 of 9 Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/12/20089:31 AM file://C:IAgendaTestIExportl] 05-April%2022,%2020081 16.%20CONSENT%20AGENDA 11... 4/16/2008 Exhibit A Agenda Item No. 16C2 April 22, 2008 Page 4 of 9 LOWER WEST COAST UTILITY COUNCIL CHARTER Article I Name The name of the organization shall be Lower West Coast Utility Council. Article II Mission Statement To provide a forum and organization for water and wastewater utilities within the Lower West Coast of Florida to develop priorities, issues, position statements and concerns that are of common interest. To speak with one unified voice and effectively advocate in order to provide water supply and wastewater utility services to our customers in a cost effective, safe and environmentally conscious manner. Article III Objectives The objectives of the Lower West Coast Utility Council are: I. To work towards maintaining and preserving our natural resources while developing sources to meet projected water supply needs of our communities and customers. 2. To develop positions and goals that proactively address, in a unified voice, regulatory issues that may adversely impact utilities and the public which we serve. 3. Through a cooperative approach and proactive advocacy, provide critical information and assistance to federal, state and regional regulatory agencies, as well as public officials. 4. To develop a support system for member utilities to develop and advocate, in an effective fashion, before regulatory and planning agencies. 5. To develop and coordinate, where appropriate, regional or multi-jurisdictional solutions to certain challenges and projects. Article IV Execntive Board Section 4.1. Number. The Executive Board shall consist of three (3) members: Chairperson, Co-Chairperson, Secretary/Treasurer. I Exhibit A Agenda Item No. 16C2 April 22. 2008 Page 5 of 9 Section 4.2. Chairperson. The Chairperson shall preside at meetings of the Council, plan agendas for the Council, facilitate all meetings, and serve as spokesperson for the Council. The Chairperson shall execute all contracts and perform such other duties as may be designated by the Council. Section 4.3. Co-Chairperson. The Co-Chairperson shall serve as the Chairperson- elect. In the absence, of the Chairperson, the Co-Chairperson shall possess all the powers and perform all the duties of that office until such time as the Chairman is able to resume those duties or until the Chairperson's term expires. The Co-Chairperson shall perform other duties such as the Chairperson and Council may designate. Section 4.4. Secretary/Treasurer. The Secretary/Treasurer shall keep minutes of all meetings of the Executive Board and of the general membership; keep a file of those minutes and other records as may be deemed necessary by the Council; The Secretary/Treasurer shall collect and receive all money due, be custodian to this rnoney, deposit money in a bank designated by the Council, and disburse funds only upon order of the Council. The Secretary/Treasurer shall maintain financial records and prepare monthly reports as well as a simple yearly financial statement and budget. The Secretary/Treasurer will administer grants and all other sources of revenue generated by the Council, and maintain a list of members. Section 4.5. Nominations. The Nominating Committee, selected annually by the Chairperson, will present to the membership a slate of candidates for consideration. Additional nominations will be accepted from the general membership at the Annual Election meeting. Section 4.6. Selection. New members shall be elected to the Executive Board by a majority of the voting members voting at the annual meeting. Section 4.7. one (1) year. Term of Office. The term of office for the Executive Board shall be The term of office shall begin on May I and end April 30. Section 4.8. Meetings/Attendance. Members of the Council are expected to attend a majority of all meetings, or designate an appropriate representative to attend. Attendance by members should be at a senior management or utility director level whenever possible. Section 4.9. Contracts. The Council may contract for services as deemed necessary to fulfill the purposes of the organization. Article V Membership Section 5.0. Voting Member. A voting member shall be any water resource, potable water supply or wastewater management utility representative, public or private, located in Lee County, Collier County, or Cape Coral, Ft. Myers, Ft. Myers Beach, 2 Exhibit A Agenda Item No. 16C2 April 22, 2008 Page 6 of 9 Sanibel, Naples, Hendry County, Glades County, Charolette County. Only one (I) voting member per utility. Section 5.1. Voting Member Privileges. A voting member may serve on the Nominating Committee and vote on Directors at the annual membership meeting. A voting member may also vote on issues brought to the membership. A voting member not in attendance at the annual meeting may vote by written proxy according to policies established by the Board of Directors. Should multiple individuals represent one organization, only one vote will be valid. Article VI Meetings Section 6.0. General Meetings of the Lower West Coast Utility Council shall be held at least quarterly at a place agreed upon by the Executive Board. Section 6.1. Business items requested by voting members, for hearing at general meetings, will be submitted to the Council Chairperson. The Chairperson is responsible for agenda preparation and shall make every effort to bring all items to the floor for discussion. Section 6.2. An Annual Meeting shall be held during the month of March each year to conduct the following business. a) Election of Executive Board b) Adoption of the budget c) Establishment of priorities and goals d) Any other business of an appropriate nature Article VII Amendments Section 7.0. Amendments. These bylaws may be amended by a two-thirds vote of the Voting Members present at the Annual Meeting. Lower West Coast Utility Council Charter The undersigned voluntarily conseut to the creation of the Lower West Coast Utility Council and agree to abide by the terms of this Charter. This Charter is not a binding legal contract or agreement. Instead, this Charter constitutes a memorandum of understanding by and between the member utilities. 3 Exhibit A Agenda Item No. 16C2 April 22, 2008 Page 7 of 9 As Chairman As Vice Chairman As Secretaryrrreasurer MEMBERSHIP 4 Agenda Item No. 16C2 April 22, 2008 Page 8 of 9 RESOLUTION NO. 2008 - RECOMMENDATION TO APPROVE AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, TO ENTER INTO A MEMORANDUM OF UNDERSTANDING AND CHARTER, EST ABLISIDNG THE LOWER WEST COAST UTILITY COUNCIL. WHEREAS, that Collier County (the County) must develop safe, cost effective, and environmentally sound sources of public water supply to serve the needs of its residents; and WHEREAS, that Collier County must manage its wastewater system in a safe, cost effective, and environmentally sound manner; and WHEREAS, various regulatory initiatives and plans by Federal, State, and Regional agencies, including the South Florida Water Management District (SFWMD) and the Florida Department of Environmental Protection (FDEP) impact present and future water supply and wastewater management, including its relative costs and availability of potable water supply, reclaimed water production, and wastewater disposal; and WHEREAS, the SFWMD and the FDEP is undertaking a number of regulatory and plarming initiatives that may directly impact Collier County Utilities, including the development and updating of its drought management, water shortage regulations and reclaimed water policies, as well as wastewater; and WHEREAS, the Collier County Board of County Commissioners through its Public Utilities Division can develop positions, and advocate more effectively, in concert with other public water and wastewater utilities in the region; and WHEREAS, through a cooperative and proactive approach, public water and wastewater utilities in the Lower West Coast region of Florida can more effectively interact with Federal, State, and Regional agencies; and WHEREAS, the County would benefit from the creation of a forum whereby utilities in the Lower West Coast region of Florida can discuss and coordinate issues of mutual importance, and where appropriate, assist in developing regional or multi-jurisdictional solutions. NOW BE IT THEREFORE RESOLVED by the Collier County Board of County Commissioners as ex-officio the governing board of the Collier County Water-Sewer District that: 1. The Resolution and Memorandum of Understanding and Charter, attached thereto as "Exhibit An is adopted. 2. The Public Utilities Division Administrator or designee is authorized to execute the Memorandum of Understanding and Charter once executed by the other participating water and wastewater utility representatives. This Resolution is adopted after motion, second and majority vote favoring adoption this 22nd day of April, 2008. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAtRMAN Approval as to form and legal Sufficiency: ~Cl?-' ~.. >~ Jennifer A. Belpe Assistant County Attorney N Agenda Item No. 16C2 April 22, 2008 Page 9 of 9 ~ .~ c::=J .AnI.. wt\II SlPlaft RelI~ Il. hi lhoYBr ElIfit Caul Plgrnng Atea AM tnlt -.- R.O'II'onIl\IVlJtfiMill'1II~Sy...... Figure 1, Lower West Coast Utility Council Coverage Area Map