Resolution 2008-122
RESOLUTION NO. 2008 _ 122
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,
ESTABLISHING 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 planning
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.
2.
The Resolution and Memorandum of Understanding and Charter, attached thereto as
"Exhibit A" is adopted.
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.
The Public Utilities Division Administrator will appoint a representative of the Collier
County Water-Sewer District to attend the meetings of the Council and will seek Board
of County Commissioner ratification of that appointment.
3.
This Resolution is adopted after motion, second and majority vote favoring adoption this
,~3 rd day of April, 2008.
ATTEST:
DWIGHT K BROCK, CLERK
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~lturt'OIJ~." .
Approvill a~ to form and legal
Sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER C TY, ORIDA
By:
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J e ifer A. Bel edlO
Assistant County Attorney
Exhibit A
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
Executive Board
Section 4.1. Number. The Executive Board shall consist of three (3) members:
Chairperson, Co-Chairperson, Secretary/Treasurer.
1
Exhibit A
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 Chairpersonelect.
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 money,
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 officers shall be elected to the Executive Board by a majority
of the voting members voting at the annual meeting.
Section 4.7. Term of Office. The term of office for the Executive Board shall be
one (1) year. The term of office shall begin on May 1 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,
2
Exhibit A
located within the boundaries of the attached map (including all or portions of Lee
County, Collier County, Hendry County, Glades County, and Charlotte County) There
shall be only one (1) 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
V oting Members present at the Annual Meeting.
Lower West Coast Utility Council
Charter
The undersigned voluntarily consent 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
MEMBERSHIP
4
As Chairman
As Vice Chairman
As Secretary/Treasurer
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Figure 1. Lower West Coast Utility Council Coverage Area Map