Item S5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
August 21, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Report on forum sponsored by the Florida Association of Counties on the pending Article V
reforms.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDAnONS:
Approval.
TOTAL COST: BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL~~. .. .
AS. H NDRICK
DOCUMENTAnON: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
C70
Memo
To: Jim Hendrick
From: Bob Shillinger
Date: August 5, 2002
Re: FAC's Article V Forum
Last week, I attended a two-day forum on the pending Article V reforms.
The forum was sponsored by the Florida Association of Counties and included
presentations from Representative Dudley Goodlette, Senator Rod Smith, FAC
staff as well as various stakeholders in the Art. V reforms including the Clerks,
Sheriffs, State Attorneys, and Court Administrators.
The general themes presented were: 1) the reform process is just
appearing on the radar screens of the House and Senate; 2) there is no
consensus on the likely outcome after the legislature takes up this issue; and 3)
FAC needs input and financial data from the counties to be able to adequately
represent its members in the process.
Some of the key issues to be decided by the legislature include: 1)
determining which court functions are "essential" and therefore will become the
responsibility of the state; 2) whether the reforms will require that certain county
employees will become state employees or whether the state will simply provide
grants to counties to pay for those employees; and 3) determining which funding
sources will the state use to cover the responsibilities that it eventually takes on
and corresponding the effect on the counties.
The FAC is seeking its members' help by educating our legislators and
candidates on the County's position on Article V issues. To that end, the FAC
suggests: 1) naming a commissioner as a liaison on Article V issues to be the
point person on this issue; 2) providing educational literature to voters and public
interest groups so that they may inform candidates of the need for action; 3)
holding a workshop with the various local stakeholders and our candidates for
the House and Senate so our delegation can be presented a comprehensive
picture of our particular needs.
The FAC is also seeking input on the validity of the financial data that
have been provided through the Clerk in the Uniform Statement of Accounts.
Apparently, because there is room for interpretation as to how certain
expenditures have been accounted for by the clerks in 67 counties, the "Uniform"
Statement of Accounts may be a misnomer.
County of Monroe
Board of County Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Dixie M_ Spehar, Dist. I
Comm_ Bert Jimenez, District 4
Comm. Murray Nelson, District 5
Comm. George Neugent, District 2
MEMORANDUM
TO:
Board of County Commissioners
FROM: ~ James L. Roberts ~
"--p' County Administratoy
DATE: August 20,2002
SUBJECT: Staff Update Report (# 03-02) on Wastewater Master Plan
Implementation Issues
A V AILABLE FUNDS FOR WASTEWATER
Update on FEMA Funds: The County staff met on two separate occasions with the FKAA
to discuss redistribution ofFEMA funds among the three projects. As more cost details are
prepared for the three projects, including the Key Largo Park project (see following), the
County staff will come forward with recommended transfers of funds for BOCC approval.
The discussions with the FKAA also focused on addressing the needs of low and very low
income homeowners, as required under federal guidelines which will impact the amount of
funds available to write down connection costs for all residents. This financial assistance,
which could be supplemental to any other financial assistance provided by the County,
would be primarily aimed at homesteaded homeowners earning less than 80 percent of the
median County family income ($55, I 00). FEMA and County grant funds would be
supplemented by State SHIP funds and, eventually, Community Development Block Grant
funds, to provide this assistance. It would be desirable that any such financial assistance
program should be uniform among the FEMA projects and other County sponsored
projects.
One issue that would need to be addressed in any financial assistance program would be its
administration. The staff believes that the Housing Authority may be the most likely
candidate to administer such programs, due to its extensive experience in grant programs of
this kind and the expertise of its staff in these programs; however, if this agency were to
Page 1 of 12
administer such programs, funds would have to be made available to pays its administration
costs.
The County needs to move fairly quickly on this issue due to the start of the construction on
the expansion of the Key West Resort Utility's system to Stock Island [please see Stock
Island].
Update on FDEP Funding Grant: At its June meeting, the BOCC adopted a resolution
confirming an agreement reached by members of the Intergovernmental Task Force for the
equitable distribution of the supplemental $4.76 million in grant funds between the County
and five municipal governments. The County's share of these additional funds was
$1,122,408. $1.66 million have already been designated for provision of wastewater
services to Key Largo Park [see discussion under FEMA projects].
Based on previous BOCC actions, the BOCC will be asked to adopt a resolution at its
August meeting designating the $1.122 million in supplemental funds to North Key Largo
Utility Corporation ($987,586) for expansion of its $3.95 million central sewer system
project in Ocean Reef and Key West Resort Utility ($134,822) for its $4.6 million sewer
expansion project in south Stock Island.
This resolution also requests that if any State grant funds that for any reason can not be
applied to these two projects, these funds will be made available to the FKAA project
proposed for Key Largo Park. The County will be the sponsor of these two grants and
serve as grant administrator.
Although under the Department of Environmental Protection's grant guidelines privately-
owned investor utilities are not eligible for this grant program, the staff has learned from
the Governor's office that it would be amenable to supporting the use of these funds for
privately-owned investor projects. In addition, State Representative Sorensen, who was
author of the appropriations bill, has mentioned that this legislation was not intended to be
limited to only publicly-owned utilities_
On behalf of the County, the FKAA is sponsoring the Key Largo Park project. At its
August meeting, the BOCC will be asked to provide up to $200,000 to reimburse the
FKAA for the services of its engineering consultant to prepare necessary preliminary
engineering and design and complete all necessary documentation to meet FDEP grant
requirements and the preparation of a Design/Build package. It is anticipated this package
will be ready to advertise sometime in early December in order to ensure that the March 1,
2003, deadline for receiving responses is achieved.
Remaining Cesspool Elimination Funds: As indicated in Wastewater Report 01-02,
approximately $1.76 million in DCA grant funds and $0.68 million in County (FY 00
148/304 Funds) will remain after the Cold Spot cesspool elimination program is completed
by the end of this year. The DCA staff has indicated that its grant, scheduled to terminate
in December, can be extended another year and that the agency would be amenable to
modifying the grant contract, if necessary, to allow these funds to be used on County central
Page 2 of 12
sewer projects. In cooperation with the FKAA staff, County staff will try to have its
recommendations on the use of these funds the BOCC's consideration in September.
Issues Addressed! Actions Taken:
o Approval by BOCC of the use of FDEP grant funds to financially assist the North
Key Largo Utility Corporation and Key West Resort Utility.
o Approval by BOCC of a resolution authorizing in conceptual form the transfer of
FEMA funds between projects to make costs to users more uniform, subject to final
BOCC approval.
Issue Needed to be Addressed:
o Need to investigate the desirability of redistribution of FEMA funds to make costs
to customers more equitable and uniform.
o Need to develop financial assistance programs for economically disadvantaged
households, including fashioning out details on its administration.
Recommended BOCC Action:
o Consideration of staff recommendations on use of remaining DCA and County
funds for wastewater projects.
o Consideration of staff recommendations on financial assistance programs for
wastewater projects.
Significant Milestones/Action:
o Decision on use of remaining DCA and County (Fund 304/148) funds for current
projects under development. [Target Date: September or October Commission
meeting)
o Decision on financial assistance programs, once recommendations are prepared by
County staff. [Target Date: September or October Commission meeting)
WASTEWATER GOVERNANCE
Update: The FKAA and County are working on specific project related agreements that do
specify duties, responsibilities and commitments of both agencies; however, no work has
been done on any overall management agreement as the most important priority is now on
getting committed projects on track.
Page 3 of 12
Issues Needed to be Addressed:
o Need to prepare and approve new agreement(s) between the FKAA and Monroe
County spelling out the roles and responsibilities of the two organizations for each
party for the provision of wastewater services and the financial commitment and
underwriting by the County.
Recommended BOCC Actions:
o Consideration of new agreement(s) with FKAA establishing roles and
responsibilities for wastewater services in unincorporated Monroe County prepared
by FKAA and County staffs.
Significant Milestones/Actions:
o Execution of new agreement(s) with FKAA spelling out renewed relationship with
the County including specific roles and responsibilities and financial commitment
and underwriting by the County. [Target Date: October or later Commission
meeting)
PROGRAMMATIC IMPLEMENTATION PLAN
Update: In conjunction with the FKAA staff, the County staff intends to move forward on
the preparation of the programmatic implementation plan as more substantive progress is
made on moving forward committed wastewater projects.
Issues Addressed! Action Taken:
o Approval by BOCC of policies on "reasonable" connection fees and monthly
service charges and public financial assistance to wastewater projects and
economically disadvantaged.
Issues Needed to be Addressed:
o Need for realistic programmatic implementation plan that establishes: policies on
"reasonable" connection fees and monthly user charges; project and financing
priorities; and, a schedule for programming of wastewater projects based on
available identified funding in accordance with the Sanitary Wastewater Master
PIano
o Need to revise the Seven Year Work Program in the Monroe County Year 2010
Comprehensive Plan to reflect the results of the adopted programmatic
implementation plan.
Page 4 of 12
Recommended BOCC Actions:
o Consideration of recommended draft programmatic implementation plan prepared
by County staff.
Significant Milestones/Actions:
o Approval of programmatic implementation plan for the Sanitary Wastewater Master
Plan. [Target Date: October or later Commission meeting)
FEMA UNMET NEEDS PROJECTS
A. General
FEMA has notified the FKAA and County that the Programmatic Environmental
Assessment (PEA) is almost completed. Initially, FEMA had scheduled public meetings on
this document for September 26 and 27; however, the County has been since notified that
the meeting dates will be changed. No alternative dates have been set, but it is assumed
that these meetings will take place in October.
It is anticipated that once these public meetings are held, FEMA will schedule supplemental
public meetings for each of the three FEMA project specific areas. Based on discussions
with FEMA staff, it is anticipated that Conch Key will be the first meeting to be held,
sometime in November.
B. Key Largo Trailer Village (MM 101.5) and Key Largo Park (MM 100.5)
Update: The FKAA staff continues to complete the preliminary engineering and design
work necessary to prepare the DesignlBuild package to be put on the streets sometime in
December. The current estimated costs of this wastewater project are $8.6 million,
excluding the $0.850 million spent by Momoe County to purchase the site for the
wastewater treatment plant.
At its June meeting, the BOCC authorized that $1.66 million in DEP grant funds be used to
expand the wastewater treatment project in Key Largo to include Key Largo Park
(approximately 195 EDUs), which is across from the site of the proposed wastewater
treatment plant. [See attached map.] To ensure no loss of either FEMA or DEP funds, the
FKAA's consultant is preparing a stand alone proj ect for Key Largo Park allowing that
project to move forward independent of other Key Largo project. [The staff is requesting
BOCC authorization to provide $200,000 to FKAA to reimburse it for the consultant
engineering costs to prepare preliminary engineering and design for the designlbuild
package.] Eventually these two projects are intended to linked to the same wastewater
treatment facility to reduce the per EDU operations and maintenance costs.
Page 5 of 12
The $1.66 million in funds for this project is not sufficient to entirely serve all of Key
Largo Park and still meet reasonable cost guidelines; therefore, the project will be designed
to allow its service area to be expanded depending upon the amount of federal, state, and
local monies that can be applied. The staff will seriously look at the use of state and
County funds remaining from the County Cold Spot cesspool elimination funds. It is
anticipated that the design/build proposal will be ready for release sometime in December
to ensure the March 1, 2003, grant eligibility deadline is achieved.
A public meeting on these two projects to be conducted by FKAA and the County is
scheduled for September 10,2002, at 5:30 p.m., at the Key Largo Holiday Inn.
Issues Addressed! Actions Taken:
o Approval by BOCC assigning $1.66 million in available FDEP grant funds to
expand the Key Largo wastewater project to include Key Largo Park.
Issues Needed to be Addressed:
o Need to amend the joint resolution with FKAA (Resolution #093-02) to more
accurately reflect transition of responsibilities and duties to the new wastewater
authority for the FEMA and any changes in County funding commitments.
o Need for joint resolution with FKAA for the use of $1.66 million in FDEP funds to
construct wastewater project for Key Largo Park and to designate joint
responsibilities and commitments, including provision of funding by County to
FKAA for consultant services.
Recommended BOCC Actions:
o Consideration of amended joint resolution or agreement with FKAA for Key Largo
Trailer Village on a transition plan and appropriate changes in County project
funding and underwriting commitment.
o Consider of joint resolution with FKAA for FDEP funded Key Largo Park project,
including making $200,000 available to reimburse FKAA for consultant
engineering costs to do preliminary engineering and design and prepare design/build
package.
Significant Milestones/Actions:
o Approval of joint resolution with FKAA on Key Largo Park project [Target Date:
August Commission meeting}
o Approval of amended joint resolution with FKAA on Key Largo Trailer Village
project. [Target date: September or October Commission meeting}
Page 6 of 12
C. Conch Key (MM61)
Update: The County Public Works Division is working on preparing a survey of the
property needed for submittal to the FDOT to authorize the ransfer of the surplus right-of-
way to the County for the siting of the Conch Key wastewater treatment plant. It is
anticipated the survey will be completed at the end of this week and sent to FDOT for its
review and approval.
The FKAA indicates that it will prepare preliminary engineer and design for a stand alone
wastewater treatment facility to serve Conch Key as directed by the BOCC on June 20,
2002. It is anticipated that the request for designlbuild will be ready for distribution by
December.
The County and FK.AA staff intend to hold a public meeting in the Conch Key on this
project prior to the public meetings on the Programmatic Environmental Assessment. No
date has been set; however, it is anticipated that it will be toward the end of September.
Issues Addressed! Actions Taken:
o Approval by BOCC of the selection of the stand-alone wastewater management
option for Conch Key on June 20, 2002_
Issues Needed to be Addressed:
o Need to revise joint resolution with FK.AA (Resolution #227-002) to reflect updated
job responsibilities and commitments_
Recommended BOCC Actions:
o Consideration of amended joint resolution or agreement with FK.AA for Conch Key
on milestones to complete project and County project funding and underwriting
commitment.
Significant Milestones! Actions:
o Approval of joint resolution(s) on milestones to complete project and County
project funding and underwriting commitment. [Target Date: September or later
Commission meeting)
D. Bay Point (MM 15)
Update: In consultation with the County staff, the FK.AA is moving forward to complete
preliminary engineering and design on this project with the Bluewater RV Park serving as
Page 7 of 12
the site for the wastewater treatment plant. It is anticipated that the designlbuild package
will be ready for release by the end of this year.
The Land Authority is having appraisals completed on the approved site for the location of
the wastewater treatment plant and the two alternative sites. In addition, the staff is
investigating other potential backup sites near the Bluewater RV Park and two lots on U.S.
Highway 1. The Land Authority has received authorization to allow entry of County staff
on the Bluewater RV Park site to survey parcel D, which has been identified as the location
of the proposed wastewater treatment plant.
After the BOCC's decision on site selection for the wastewater treatment plant, the County
staff found that the zoning of the park did not allow for wastewater treatment plants as a
principal use. The County Planning staff was instructed to prepare any necessary
amendments to the County's Land Development Regulations, as has been done for other
districts, to allow wastewater treatment plants as a principal use in RV districts_
As requested by the BOCC, the County and FK.AA staffs will hold a public meeting for the
Baypoint Community for public input on the proposed project. This meeting will be held
within a month.
Issues Addressed! Actions Taken:
o Approval by the BOCC of the selection of a site in Bluewater RV for location of
wastewater treatment facility on July 17, 2002.
Issues Needed to Be Addressed:
o Need to acquire site for wastewater treatment facility.
o Need to revise joint resolution with FK.AA concerning mutual responsibilities and
commitments.
Recommended BOCC Actions:
o Consideration of an amended joint resolution with FK.AA.
o Consideration of acquisition of site through purchase or condemnation.
Significant Milestones/Actions:
o Acquisition of wastewater treatment plant site at Bay Point based on staff
recommendations_ [Target Date: October Commission meeting)
o Approval of amended joint resolution with FK.AA. [Target Date: September or
later Commission meeting)
Page 8 of 12
KEY WEST RESORT UTILITIES (STOCK ISLAND EXPANSION)
Update: Based on the BOCC's adopted reasonableness standards, the staff believes that
with the assistance of the Housing Authority, it should investigate providing some level of
assistance to certain financially disadvantage households that are unable to meet connection
payments or pay for decommissioning of their systems and lateral connections to the Key
West Resort Utility at their property line. The BOCC has already passed a resolution that
would allow "hardship" households to be able to pay their connection fees with no interest
equal monthly payments over five years from the date of the notification of the availability
of central sewer. However, these payments do not include on-site preparation costs, which
would be borne by the property owner and may average over $2,000.
Although SHIP funds will be available to assist low income homeowners it will not be
available for owners of trailers. The concern is that the fees and on-site costs to connect to
the new system may cause some owners of trailer parks to either pass these costs directly to
trailer owners who can't afford the costs or provide an economic incentive to these property
owners to redevelop their property to uses with a higher economic return. In either case
these residents may be displaced. It is a difficult issue.
It should be noted that paying for these connection fees over five years, will reduce the flow
and value of the funds being reimbursed to the County from the utility. The $4.6 million in
infrastructure funds made available to the utility is to be paid out, based on percentage of
construction completed, not the number of EDUs connected. The County will receive
reimbursement to the County's 304 Fund only from connection fees collected (excluding
$600 per EDU for A WT).
Paragraph 5 of the contract with the Key West Resort Utility approved by the BOCC on
July 31, calls for the utility to upgrade its wastewater treatment plant by January 1, 2007
provided that the County requests and the utility is allowed to recapture the costs of its
conversion to A WT and increased operating costs by resolution of the BOCC. At that same
meeting, the BOCC indicated that it wanted to move forward with that resolution and
indicated its desire to see the January 1, 2007, date moved to an earlier date.
Since the work on the collection system is to be accomplished within 16 months
(November or December 2003), this date should be moved advanced, particularly as the
utility will be withholding $600 of every $2,700 in connection fees collected. In
consultation with the Utility, the staff will prepare a resolution for BOCC consideration at
its October Key West meeting.
Issues Addressed! Actions Taken:
o Approval by BOCC on July 31,2002, of a contract to make available to Key West
Resort Utility $4.6 million in 304 funds to expand its collection system to south
Stock Island.
Page 9 of 12
Issues Needed to be Addressed:
o Need to develop, if appropriate, a financial assistance program for economically
disadvantaged households.
o Need to request Key West Resort Utility to move forward on upgrading its plant to
AWT.
Recommended BOCC Actions:
o Consideration of recommended financial assistance program recommended by
County staff.
o Consideration of resolution requesting Key West Resort Utility to move forward
with upgrading its plant to A WT.
Significant Milestones/Actions
o Approval of financial assistance program for economically disadvantaged
households. [Target Date: September or October Commission meeting)
o Approval of resolution requesting Key West Resort Utility to upgrade its plant.
LOWER KEYS WASTEWATER (MM 7.0 TO MM 11.0)
Update: After further discussion with the FK.AA staff, it was agreed that FK.AA will
initiate preliminary engineering and design of a wastewater collection system shortly before
or after October I of this year for the Big Coppitt area using grant funds previously
awarded to that agency by FDEP_ Prior to or parallel with this effort, the County and its
consultant will work with Key West Resort Utilities to obtain specific cost data and
engineering information from that utility concerning its proposal to serve the Big Coppitt
area from its plant on Stock Island.
The information provided will be evaluated by the County staff and engineering consultant
and used to evaluate management options and recommend the most preferable wastewater
management option for the Lower Keys.
Issues Needed to be Addressed
o Need to determine the preferred wastewater management option for Big Coppitt,
including preliminary system capital and operating costs.
o Need to complete preliminary engineering and design on preferred wastewater
management option.
Page 10 of 12
o Need to identify specific funding sources for project.
Recommended BOCC Action
o Consideration of recommendations of staff on preferred wastewater management
option for Big Coppitt.
o [Too early to identify other needed actions.]
Significant Milestones/Actions
o Decision on preferred wastewater management option for Big Coppitt. [Target
Date: October or later Commission meeting)
o [Too early in process to identify other milestones/actions]
EP A DECENTRALIZED WASTEWATER DEMONSTRATION PROGRAM
Update: The County and FK.AA staffs met recently with Bob Freeman with the U.S.
Environmental Protection Agency (EP A) to discuss how to jump start and move forward on
this project which has laid dormant for almost two years. Clearly, as Mr. Freeman pointed
out, the County is in danger of losing these funds.
Mr. Freeman again reiterated that any of the $3.8 million in grant funds must be used in
areas where decentralized systems are a permanent solution (roughly 15 years) and to assist
in the establishment of a centralized administrative entity with responsibility for
construction, oversight, ongoing maintenance, and financial administration. Any project
funded must be consistent with the Sanitary Wastewater Master Plan. The funds will cover
"construction" costs, but are not intended to be primarily for construction projects. EP A is
looking for a project, which will provide data and
It was agreed by both the County and FK.AA staffs to work with EPA to come up with a
proposed project that will meet the program's requirements. A preliminary outline will be
prepared for the proposed project and will be presented to both the FK.AA board and
County Commission for their consideration.
Issues Needed to be Addressed:
o Need to determine how the grant funds will be used and to prepare an application
for supplemental to U.S. EP A.
Recommended BOCC Actions:
o Consideration of recommended proposed project for submittal ofa grant application
to FK.AA.
Page 11 of 12
Significant Milestones/Actions:
o Decision on the project to be included in the EP A grant application. [Target Date:
September Commission meeting)
Attachment
Page 12 of 12
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