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Res 62-94 RESOLUTION NO. 62-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE CONTINUATION OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FUNDING FOR AIR QUALITY MAINTENANCE AREAS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Dade, Broward and Palm Beach Counties have been individually designated as non-attainment areas for ozone and comprise the Southeast Florida Airshed; and WHEREAS, the State of Florida has submitted a request to the United States Environmental Protection Agency (EPA) to redesignate the Airshed from non-attainment to attainment and become an air quality maintenance area; and WHEREAS, the Airshed and the respective counties would lose eligibility for Congestion Mitigation and Air Quality (CMAQ) program funds used for transportation improvement projects which contribute to maintaining or reducing air quality emission levels; and WHEREAS, the Clean Air Act Amendments require the counties to attain and maintain clean air standards; and WHEREAS, a coalition effort of non-attainment areas proposed for redesignation to maintenance areas is underway to pursue changes in ISTEA to enable maintenance areas to qualify for CMAQ funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: $~tion 1. That the City of Delray Beach supports the amendment of the CMAQ program language to provide funding for air quality maintenance areas to continue implementation of projects that contribute to maintaining or improving air quality. Section 2. That the City of Delray Beach supports the coalition efforts to change ISTEA to enable maintenance areas to qualify for CMAQ funds. Section 3, That this Resolution shall take effect immediately upon adoption, and the City Clerk is hereby directed to forward a copy of the same to the Florida Department of Transportation, the Metropolitan Planning Organization, the Palm Beach County Municipal League, the Palm Beach County Legislative Delegation, the Board of County Commissioners, and all Palm Beach County Municipalities. PASSED AND ADOPTED in regular session on this the 2nd day of August, 1994. ATTEST: City C~erk ' - 2 - Res. No. 62-94 BOB GRAHAM FLORIDA nitt l ,$tatts ,$matt WASHINGTON, DC 20510-0903 October 6, 1994 Ms. Allison MacGregor Harty City Clerk City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Allison: Thank you for contacting me regarding the congestion mitigation and air quality (CMAQ) program. I am aware of the impending loss of CMAQ funding by areas reaching air quality attainment status. The House of Representatives has passed legislation which would freeze the current CMAQ apportionments for three years, regardless of whether an area comes into compliance with clean air requirements during that tlme. This provision is part of H.R. 4385, a bill which would establish the National Highway System (NHS}. The Senate passed NHS bill (S. 1887) does not include any changes to CMAQ or other transportation policies. I am uncertain whether a final NHS bill including these CMAQ changes could be approved by Congress before it adjourns in October, but I hope to be closely involved in any negotiations toward a final version of the bill. Senator Baucus has announced his intention to hold an oversight hearing on issues relating to the 1991 highway bill in anticipation of developing legislation in 1995 making mid-course corrections to the law. Additionally, the U.S. Department of Transportation is considering what ~lexibility ].t nas under existing law to address the CMAQ concerns of several states with metropolitan areas coming into compliance. Please be assured that I will have your comments in mind should the Environment Committee or the full Senate have the opportunity to address this issue. With kind regards, Sincerely, United States Senator MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM #--'~ - MEETING OF AuGusT 2, %994 RESOLUTION NO. 62-94/CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FUNDING DATE: JULY 29, 1994 This is a resolution in support of efforts by the Metropolitan Planning Organization to encourage the United States Environmental Protection Agency (EPA) to continue funding for congestion mitigation and air quality for air quality maintenance areas. As noted in the Municipal League's memorandum, if this program is not continued the County could lose approximately $5,000,000 which is used to implement this program. Recommend approval of Resolution No. 62-94. ref: agmemo8 -. CouilIy MUNICIPAL LEAGUE PO. BOX 1~8~, CI~NT~:R, W~$T PALM BEACH, FLORiOA 33~,0~ (407) 355-44~4 MBMO ANDUM 'Z~3t Mayors a~,~a~nagers (f appropriate distribution) FROM~ Jack Ho~an, Executi"e Director DATB~ July 14t 1994 ]tl~; Congestion Mitigation Air Quality (CMAQ)' Funding *************************** ************************* At the July 13, 1994 Municipal L~ague Board of Directors Meeting the Board agreed to support the tropolitan Planning Organization (MPO) in their efforts to encourage tho United States Environmental Protection Agency ~(EPA) to continue funding for congestion mitigation and air quality f~r air quality maintenance areas. Attached is the League R~solut~on that was passed by the Board and which will be submitte~ %o the general m~.~ership for ratification. The Board is encou~ag~n~ all municipalities to pass a similar Besolution in support o~ th~s effort. Basically, if this program is not continued the'County could lose approximately $5 Million which is used to this program. If you have any questions reg&rdin! this matter either contact this office or Randy Whitfield, Direct~ MPO at 684-4170. Attachment bce: Randy Whip,laid JUL 19 1994 RESOLUTION NC A RESOLUTION OF THE PALM BEACH COUNTY MUNICIPAL LEAGUE, , SUPPORTIN~ THE CONTINUATION OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) ~ FOR AIR QUALITY MAINTENANCE AREAS; AN EFFECTIVE DATE; AND FOR OTHER 'OSES. WHE~AS, Dads, Broward a Palm Beach Counties have been individually designated as non-a areas for ozone and comprise the 8outheast Florida ; and WHEREAS, the State of Fl¢~rida has submitted a request to the United States Environmental Protection Agency (EPA) to redesignate the Airshed from non ~tt&inmen: to attainment and become an air quality maintenance ~rea; and W~REAS, the Airshed the respective counties would lose eligibility for Congestion Ml, igation an~ Air Quality (CMAQ) program funds used for transportatLon improvement projects which contribute to maintaining or ~g air quality emission levels; and 'WHEREAS, t~e Clean Air Act Amendments require the counties to attain and maintain cle~n air standards; and WHZR~As', a ..~oalltion ef loft of .non-attainment areas proposed for redesignation to areas is underway to pursue changes in.ISTEA to enable maintenance areas. ~o qualify for CMAQ funds, NOW, THEREFORE, BE IT BY THE PALM BEACH COUNTY MUNICIPAL LEAGUE, INC., THAT: Sectlon__l~ The Palm Beach Muni¢~pal League, Inc. supports ~he amendment of the CMAQ program language ~o provide funding for air quality ma.ntenance areas to continue implementation of projects that contribute to maintaining or improving air qual£ty. ~e~i'on 2= The Palm County Municipal League, Inc. supports the coalition efforts to change ISTEA to enable maintenance areas to qualify for funds. Section__3~ This shall take effect immediately upon adoption. .PASSED. A~D ADOPTED this day o~' _ , i994. PALM BEACE COUNTY MUNICIPAL LEAGUe, INC, McCARTHY, President Attest ~ ( Seal ) C :\OLD W 8LMUNLI~AO LT~CMAQ 07/13/94 September 6, 1994 Commissioner Karen T. Marcus Board of County Commissioners 301 N. Olive Avenue West Palm Beach, FL 33401 Dear Commissioner Marcus: Enclosed please find a copy of Resolution No. 62-94 supporting the continuation of Congestion Mitigation and Air Quality (CMAQ) funding for air quality maintenance areas. This resolution was passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on August 2, 1994. Your serious consideration is appreciated. Sincerely, Alison MacGregor Harty City Clerk AMH/sm Distribution Richard Walesky, Dept of Environmental Resources Mgmt Trela White, Corbett and White Ben Watts, Secretary of Transportation David VanLeuvan, Federal Highway Authority Robert Graham, U.S. Senate Connie Mack, U.S. Senate Clay Shaw, U.S. House of Rep Jim Scott, Florida State Senate Carol Hanson, Florida State House of Rep Palm Beach County Municipal League Metropolitan Planning Organization County Commissioners All County Municipalities Board of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen t. Marcus EECEIVED Carol A. Roberts 71q//3Jc] Warren H. Newell Burt Aaronson ~/~~-~'~ CITY CLEr~K Maude Ford Lee ~ ........ September 9, 1994 Alison MacGregor Harty City Clerk City of DelrayBeach 100 N.'W. 1st Avenue DelrayBeach, Florida 33444 Dear Ms. Harty= Thank~ou for sending me a copy of Resolution no. 62-94 supporting the continuation of Congestion Mitigation and Air Quality (CMAQ) funding for air quality maintenance areas. I have forwarded the resolution and the interlocal agreement to the County's Agenda Coordinator to be placed on the next available agenda to be received and filed. If I m~y be of further assistance, please don't hesitate to contact me. Sincerely, · "An Equal Opportunity - Affirmative Action Employer" P.O. Box 1989 West Palm Beach, Florida 33402-1989 ~:3~ printed on rocyelodpapor (407) 355-2001 FAX: (407) 355-3990 O ZZ';' N. Bronough St. U.~~ Florida Divia4o~ ~ Room 2015 Ot~ TaltahaMN, Rorida 32301 ~~ September 20 1994 ~ , ~. ~* ~ ~HDA-FL Ms. Alison MacGregor Harty City of Delray Beach City Clerk 100 N.W.. 1st Avenue Delray Beach, FL. 33444 Dear Ms. Harty: Subject: Florida - Congestion Mitigation and Air Quality (CMAQ) In response to your September 6, 1994, letter supporting the continuation of CMAQ funding for air quality maintenance areas the following information is provided. The Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA), in cooperation with the Environmental Protection Agency (EPA) are currently conducting a "Process Review" of the CMAQ Program to determine if it is meeting its goals under the Intermodal Surface Transportation Efficiency Act and the Clean Air Act. This review includes evaluating the CMAQ Program objectives, approaches, and policy issues. The results and recommendations of this CMAQ review will be included in a final report to be released later this year, with additions or changes to the program guidance to follow, as necessary. This report will be available ~rom the FHWA Headquarters office of Environment and Planning through the Florida Division Office. Your interest and support of the CMAQ Program is-aPpreciated, and a for their review and consideration in developing modifications to the CMAQ program guidance. If you have any questions about this subject, please do not hesitate to contact this office. Sincerely yours, _ R. Skinner J: R£CH{VHD ~4~/vision Administrator CII'Y CLERK Board of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Carol A. Roberts Warren H. Newell Burt Aaronson ~ Maude Ford Lee October 4, 1994 Alison MacGregor Harty, City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Ms. Harty: This letter acknowledges receipt of Resolution No. 62-94, supporting the continuation of Congestion Mitigation and Air Quality (CMAQ) funding for air quality maintenance areas. The Palm Beach County Board of County Commissioners officially received and filed your correspondence at the October 4th Board meeting. A copy of your resolution was sent to Richard Walesky, Director of Environmental Resources Management. Sincerely, Diane Bethel Agenda Coordinator cc: Richard Walesky RECEIVED CITY CLERK "An Equal Opportunity - Affirmative Action Employer" ~?/~ printed on recyclodt~aper P.O. Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2030 FAX: (407) 355-3982 OCTOBER 4, 1994 3. CONSENT AGENDA APPROVAL A. ADMINISTRATION 1. Staff recommends motion to receive and file: Resolution No. 94-42 of the Village Council of the Village of Royal Palm Beach, Florida, establishing an additional assessment as a result of violations of criminal law. 2. Staff recommends motion to receive and file: Resolution No. 94-142 of the City Commission of the City of Boynton Beach, Florida, supporting the Pa{m Beach County Federal Transit Administration (FTA) Section 3 Grant Application. 3. Staff recommends motion to receive and file: Resolution No. 217 of the Town Commission of the Town of South Palm Beach, Florida, supporting the countywide referendum regarding County property-tax exemptions as an economic incentive. i 4. Staff recommends motion to receive and file: Resolution No. 62-94 of the City Commission of the City of Delray Beach, Florida, supporting the continuation of  congestion mitigation and air quality (CMAQ) funding for air quality maintenance areas. 5. Staff recommends motion to receive and file: Resolution 41 ~94 of the Town of Jupiter, Florida, requesting that Palm Beach County designate Center Street as a constrained roadway at a lower level of service (CRALLS) facility. 6. Staff recommends motion to approve and execute: The First Amendment to the Tri-Party Interlocal Waterfront Redevelopment Agreement for the expenditure of $20,000 to fund the County's portion of this agreement with the Port of Palm Beach and the City of Riviera Beach (each contributing $20,000), and with the the Metropolitan Planning Organization (MPO) contributing 840,000, if approved by MPO as requested at the October 1994 MPO meeting. SUMMARY: On-going discussions and coordination by the Tri-Party Interlocal Agreement Steering Committee have resulted in support for the $100,000 expenditure for consultant contractual services with Prime Interests to provide a conceptual plan for economic development/redevelopment of the Riviera Beach/Port of Palm Beach waterfront and surrounding area. The Metropolitan Planning Organization is being requested to provide $40,000 for transportation-related costs, making the total contractual cost for Phase II $100,000 (see below). Phase II will finalize planning and expedite implementation in three areas: anchor validation, property relationship, and program development, as explained in the attached Scope of Services. The Port will continue to act as the Interlocal Agreement Contract Administrator. (Companion Item 3G-9) M.P.O. $40,000 transportation-related costs only Port of P.B. $20,000 Riviera Bch. $20,000 P. Bch. County $20,000 + $100,000 contingent upon each entity's approval