Meeting Time: May 09, 2024 at 9:00am EDT
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Agenda Item

13) Public Comment on Consent Agenda Items

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    Jeffrey Pearson 7 months ago

    The City of Cape Coral submitted to the District their Final Water Facilities Supply Plan Update on April 10, 2024, and will adopt City of Cape Coral Resolution 162-24 on May 8, 2024, containing the following verbiage "within 18 months of the District adopting or updating a Regional Water Supply Plan, each local government within that region must prepare and adopt a Water Supply Facilities Work Plan that will become part of the Comprehensive Plan." The words “will become” is describing a future event and has no bearing on what is required via City adoption of their plan. The city’s resolution language is consistent with District Resolution 2020-11XX that the South Florida Water Management District adopted on November 18, 2022. District staff notified the City of Cape Coral last week that the City's projects are being excluded from Alternative Water Supply (AWS) funding eligibility before the 18-month deadline expires in June 2024. The South Florida Water Management District’s language from the November 2022 Resolution clearly states that all the City of Cape Coral is required to do is adopt their Water Facilities Work Plan which we will have done the day before the scheduled District Governing Board May 9, 2024, meeting date. A copy of the City’s Final Water Facilities Work Plan was sent to District staff almost 2 months before the deadline and the City’s Resolution 169-24 is being approved a full 30-days before the 18-month deadline expires. The City of Cape Coral Utilities Department respectfully requests that we are deemed eligible for AWS Fiscal Year 2025 funding as we have met all the South Florida Water Management District's requirements as set forth in District Resolution dated November 18, 2022, which does not specify that it must be adopted or approved by any other agency before the City formally adopts their Water Facilities Work Plan. The City received certified letter FedEx: 771265384874 dated February 9, 2023, states the following: "Each local government is required to update its Water Supply Facilities Work Plan within 18-months after Governing Board approval of a regional water supply plan. The Work Plan, due by June 2024, must cover at least a 10-year planning period, identify alternative and traditional water supply development projects, conservation efforts, and reuse activities needed to meet the projected future water demands." There was no mention in the certified letter regarding the South Florida Water Management District’s Resolution adopted on November 18, 2022, or the date the city's Water Supply Facilities Work Plan would be due other than stating it was due June 2024. Additionally, no date was provided for when the South Florida Water Management District adopted the 2022 Lower West Coast Water Supply Plan Update other than it stated it was December 2022. The City of Cape Coral experienced a devastating Category 5 hurricane shortly before this was adopted and the city was still able to complete their Water Supply Facilities Work Plan approximately 2 months ahead of schedule following Hurricane Ian. Since City staff are unable to upload the documentation via the meeting comment portal, I will be attending the meeting and providing the related documentation.