09/06/2005 Special
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2005/201
Special Meeting
Board of County Commissioners
Tuesday, September 6, 2005
Marathon, Florida
A Special Meeting of the Monroe County Board of County Commissioners convened on
the above date at 9:00 A.M., at the Marathon Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner Murray E. Nelson,
Commissioner George R. Neugent, Commissioner David P. Rice, and Mayor Dixie M. Spehar.
Also present were Danny L. Kolhage, Clerk; Richard Collins, County Attorney; Suzanne Hutton,
Assistant County Attorney; Thomas Willi, County Administrator; County Staff, members of the
press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Neugent and seconded by Commissioner Rice
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
INTERLOCALAGREEMENT
MONROECOUNTYWKAA
County Administrator Tom Willi; Monroe County's Bond Counsel, Brian Armstrong;
Executive Director of the Florida Keys Aqueduct Authority, Jim Reynolds; and Assistant County
Attorney, Suzanne Hutton discussed with the Board an Interlocal Agreement (ILA) between
Monroe County and the Florida Keys Aqueduct Authority.
Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to
approve the following wording:
3. RESPONSIBILITIES OF FKAA:
Section 3.09 The FKAA, pursuant to requirements of their enabling act, shall ensure that
at least two public hearings be held in the area affected before any system development fee, rate
or any other user fee is established or increased. All revenues derived from the wastewater
systems by the FKAA over and above maintenance, operations, customer service, billing, and any
direct costs specifically incurred to provide these services shall be used solely for the purposes of
the wastewater systems, such as the payment of debt service and retirement bonds.
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Roll call vote was unanimous.
Motion was made by Commissioner Nelson and seconded by Commissioner Rice for the
following section to remain "as is":
3. RESPONSmILITIES OF FKAA:
Section 3. 10 This Agreement shall not apply to wastewater assets currently owned by
FKAA or hereafter acquired by FKAA from any other utility.
Roll call vote was unanimous.
Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to
approve the following wording:
20. NON-RELIANCE BY NON-PARTIES:
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce and third-party claim or entitlement to or benefit of
any service or program contemplated hereunder, and the County and the FKAA agree that neither
the County nor the FKAA or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity
or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general. Notwithstanding the preceding language, the parties hereby
designate the State of Florida as a third party with the ability to enforce against the two parties
the provisions hereof, based upon the State Auditor conducting management and financial audits
of all sewer programs, past, present, and future, in the Florida Keys.
Roll call vote was unanimous.
Motion was made by Commissioner Rice and seconded by Commissioner Neugent for the
following section to remain "as is":
3. RESPONSmILITIES OF FKAA:
Section 3.03 The FKAA shall accept the RFPIRFQ submissions. It is intended that
contracts be awarded to the most responsive submitter, which shall not be required to be the
lowest responsive bid, the most qualified responder, or other. The parties recognize that the
lowest bid may not be the most effective bid. Accordingly, an evaluation committee which will
comply with Sec. 286.011, F.S., may be established on an ad hoc basis for each procurement
process. Should an evaluation committee be established, the Executive Director of the FKAA and
the County Administrator shall each appoint two members. Roll call vote was taken with the
following results:
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Commissioner Neugent
Commissioner McCoy
Commissioner Rice
Commissioner Nelson
Mayor Spehar
Yes
No
Yes
Yes
Yes
Motion carried.
Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to
approve the following wording:
2. RESPONSmILITIES OF COUNTY:
Section 2.03 The County Administrator shall review all procurement documents drafted
by, or on behalf of, FKAA for wastewater treatment systems in the unincorporated county. The
County Administrator shall make suggestions for changes as he deems in the best interest of the
general public.
3. RESPONSmILITIES OF FKAA:
Section 3.02 The FKAA shall develop requests for proposals (RFP) and requests for
qualifications (RFQ) for the procurement of wastewater systems in unincorporated Monroe
County, consistent with the procurement policies of the FKAA and applicable State statute(s).
FKAA shall submit the drafts ofRFPIRFQ to the County Administrator for review and input, give
due consideration to any suggestions for changes, and shall advertise RFPIRFQs.
Roll call vote was unanimous.
Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to
remove the first sentence in the section; add the words "Infrastructure Sales Tax"; and change the
words "Big Coppitt" to the words "Lower Keys".
2. RESPONSmILITIES OF COUNTY:
2.02 The County, in addition to funds obtained from state and federal sources, shall
provide up to the limits of its bonding capacity for infrastructure sales surtax revenue and may in
its discretion levy and collect special assessments and issue bonds secured by such special
assessments, to secure the funds necessary to complete all wastewater projects so that citizens do
not have to pay in excess of $4,500 per EDU in non-ad valorem special assessments. The County
shall provide $20,000,000 from the proceeds of bonds secured by the infrastructure sales surtax
revenue for the costs of the imminent acquisition, procurement, design, and construction of
wastewater projects in the Big Coppitt area. County commits to diligently work with the FKAA
in good faith to provide funding to make costs of system development and connections for the
Big Coppitt and all future projects reasonable to users. Lower Keys projects included under this
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Agreement are Big Coppitt area, Cudjoe-Sugarloaf area, and Big Pine area. Other
unincorporated County projects are Duck Key and Long Key.
Roll call vote was taken with the following results:
Commissioner Neugent No
Commissioner McCoy Yes
Commissioner Rice No
Commissioner Nelson Yes
Mayor Spehar No
Motion failed.
Motion was made by Commissioner Rice and seconded by Commissioner Neugent to
approve the following wording:
4. COOPERATION IN CARRYING OUT AGREEMENT:
Section 4.05 Insert the word "preliminary" before the word "timetable" in the section.
Roll call vote was unanimous.
Motion was made by Commissioner Rice and seconded by Commissioner Neugent to add
the following wording after Resolution No. 039-2004, in the 2nd WHEREAS at page 2:
"and the ability to obtain additional critical financial assistance from the State of Florida
and their agencies to achieve the purpose of this Agreement"
Roll call vote was unanimous.
MISCELLANEOUS
Commissioner Rice and the Board discussed government assistance to victims of
Hurricane Katrina. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner McCoy that Monroe County move forward, with the assistance of other
governments, to consider helping with disaster recovery efforts. Roll call vote was unanimous.
The Board discussed damage to fishing traps and buoys as a result of Hurricane Katrina.
INTERLOCALAGREEMENT
MONROECOUNTY$KAA
Motion was made by Mayor Spehar and seconded by Commissioner Nelson to modify
Section 3. - Responsibilities ofFKAA, 3.08 and page 10, Section 25 - Term of Agreement and
09/06/2005
20051205
Termination: lease term shall be concurrent with the term of the Infrastructure Sales Tax
Surcharge Revenue Bonds". After consideration, the motion was withdrawn.
The Board returned to the consideration of the Interlocal Agreement, as amended. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent
granting approval and authorizing execution of the Interlocal Agreement, as amended, between
Monroe County and the Florida Keys Aqueduct Authority Wastewater Systems. Roll call vote
was unammous.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
~Q.~
Isabel C. DeSantis, Deputy Clerk