06/20/2002 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2002/160
Regular Meeting
Board of County Commissioners
Thursday, June 20, 2002
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date at the Marathon Government Center. Present and answering to roll
call were Commissioner Murray Nelson, Commissioner George Neugent, Commissioner Dixie
Spehar, and Mayor Charles "Sonny" McCoy. Absent was Commissioner Humberto 'Bert"
Jimenez. Also present were Danny L. Kolhage, Clerk; James Roberts, County Administrator;
James Hendrick, County Attorney; 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 Spehar and seconded by Commissioner Neugent
granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
DIVISION OF GROWTH MANAGEMENT
County Administrator James Roberts reported on the status of the relationship between
Monroe County and Florida Keys Aqueduct Authority.
Mr. Roberts also reported on the meetings and discussions with the Federal Emergency
Management Agency and Department of Community Affairs.
Mary Rice, Florida Keys Aqueduct Authority (FKAA) Board member addressed the
Board and discussed the relationship between the FKAA and the Board of County
Commissioners. Growth Management Director Tim McGarry addressed the Board.
Mr. Roberts and Mr. McGarry discussed the status of available Federal/State funds and
the allocations to the various projects.
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Mr. McGarry discussed the action items described on the Suggested Key Wastewater
Action Items, June 20, 2002, BOCC Meeting. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Neugent granting approval of the following
items described on the above document:
• Make a decision on FKAA as wastewater authority; Direct Staff to begin negotiations on
new agreement(s) with FKAA. [Agenda Item: B]
• Direct Staff to negotiate individual agreements with FKAA concerning responsibilities,
milestones, and funding commitments for FEMA unmet needs projects to submit to
BOCC in July or soon as possible. [Agenda Item: B and C]
• Direct Staff to evaluate the use of the $1.66 million in newly available State funds for the
Key Largo Project with recommendations to BOCC in July. [Agenda Item: D]
• Direct Staff in conjunction with FKAA to prepare recommended EPA Grant Application
package for consideration by BOCC in August. [Agenda Item: D]
• Direct Staff in coordination with FKAA to evaluate options for use of DCA and County
funds remaining from cesspool elimination program with recommendations to BOCC in
July. [Agenda Item D]
• Direct Staff to investigate new $12.0 million State funding program with
recommendations to BOCC on specific projects to be sponsored by the County in July.
[Agenda Item: D]
• Direct Staff in conjunction with FKAA to prepare a draft programmatic implementation
plan for wastewater projects for consideration by BOCC in September. [Agenda Item: D]
Motion carried unanimously.
Mr. Roberts and the Board discussed the Stock Island Wastewater Project. After
discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar
directing Staff to meet with Key West Resort Utility concerning the south Stock Island sewer
project and report back to the Board in July with recommendations. Roll call vote was
unanimous.
Mr. McGarry, Ken Williams, representing CH2MHill; and Gus Rios, representing the
Department of Environmental Protection addressed the Board concerning the CH2MHill report
on Conch Key/Hawk's Cay wastewater management options. After discussion, motion was made
by Commissioner Neugent and seconded by Commissioner Nelson directing the County
Administrator to proceed on a dual track for wastewater treatment on Conch Key with a final
recommendation to be available by July. Motion carried unanimously.
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County Attorney James T. Hendrick addressed the Board concerning an Option
Agreement for the Transfer of a Wastewater System with Duck Key Wastewater Cooperative,
Inc., (DKWC); Hawk's Cay Investors, Ltd., (HCI); and the Board of County Commissioners of
Monroe County (BOCC). This Option Agreement grants the County the option (but does not
require) transfer of the Hawk's Cay plant to the County or its assignee to maximize flexibility in
providing central wastewater treatment to Conch Key and Duck Key. The following individuals
addressed the Board: Donna Withington, Carol Parker, Cathy Scholl, Dr. Lewis Adam, Harry O.
Keller, Cathy Scholl, Carol Parker, June Helbling, and R. J. Helbling. After discussion, motion
was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of
the item. Motion carried unanimously.
Mr. McGarry addressed the Board concerning the report by CH2MHil1 on the Bay Point
area wastewater management options. Motion was made by Commissioner Neugent and
seconded by Commissioner Nelson to accept the report. Motion carried unanimously.
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval and authorizing execution of Amendment 5 to Contract between Monroe
County and CH2MHill, Inc., to complete the Sanitary Wastewater Master Plan for Monroe
County. Motion carried unanimously.
COUNTY ATTORNEY
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson
granting approval of the recommendation for the payment of $83,210 plus the costs in the amount
of $2,517.85 per the Court Order in Case No. CA-K-00-1170 (Plaintiff) Florida Keys Aqueduct
Authority, Inc. v. (Defendants) Board of County Commissioners Monroe County Florida and
Ogden Water Systems of Key Largo, Inc Intervenor Keys Citizens for Responsible
Government, Inc. Motion carried unanimously.
COMMISSIONERS' ITEMS
Jerry Wilkinson and Charles Brooks addressed the Board concerning (Commissioner
Nelson's item) approval of interim funding for the Key Largo Independent Elected Sewer Board
to oversee sewer projects in the Key Largo/Tavernier area. Commissioner Nelson, Danny L.
Kolhage, Clerk and Mr. Hendrick discussed the item with the Board. Motion was made by
Commissioner Neugent and seconded by Commissioner Nelson to table to the Key West meeting
in July. Motion carried unanimously.
Debra Harrison, representing the World Wildlife Fund addressed the Board concerning
approval of providing a 25% State match of $987,586 for a wastewater project by North Key
Largo Utility Corp. for a $3,950,346 wastewater project. Motion was made by Commissioner
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Nelson and seconded by Commissioner Spehar granting approval of the item. Motion carried
unanimously.
There being no further business to come before the Board, the meeting adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
Isabel C. DeSantis, Deputy Clerk