HomeMy WebLinkAboutK. Watewater IssuesBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 8/18/10 Division: Administrator
Bulk Item: Yes _ No X Department: Wastewater
Staff Contact Person/Phone #: Elizabeth Wood/292-4525
AGENDA ITEM WORDING: Wastewater status report.
ITEM BACKGROUND: N/A.
PREVIOUS RELEVANT BOCC ACTION: N/A.
CONTRACT/AGREEMENT CHANGES:N/A.
STAFF RECOMMENDATIONS: N/A.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
Engineering Division - Wastewater Proiects — July 2010 Status Report — August 18, 2010
Keys Wastewater Plan (KWP) Implementation
Providing assistance to property owners referred to Monroe County by DOH for explanation of
SB550 and how it effects local requirements for development.
County and FKAA are analyzing the additional funding necessary to complete the onsite system
installation program using the EPA Decentralized Wastewater Treatment Demonstration Project
as the primary funding source.
Lateral Assistance Status
Disaster Recovery
- DCA Disaster Recovery Contract #IODB-K4-11-54-02-K24 in place.
- Working with grant administrators to develop grant program.
Small Cities
Monroe County raked 19; funding availability provided for projects ranked 12 and
above to be funded.
Non -Ad Valorem Assessments
• Drafted annual rate resolution.
Managed system development fee assessment pay-offs, appeals, tax roll corrections and refunds
for the Big Coppitt, Duck Key, and Stock Island Programs. Loaded Stock Island assessment data
into database.
• Began file review to address equivalent dwelling unit (EDU) allocation appeals.
Key Largo Wastewater Treatment District
KLWTD anticipates sending approximately 7,000 mandatory connection notices after the regional
wastewater treatment plant startup.
Key Largo Sewer— Monroe County site inspector overseeing construction on KLWTD projects to
ensure compliance with County road restoration requirements, including attending pre -
construction meetings with contractors, inspecting road repairs, meeting with contractors to
determine repairs and replacement of county road signs in project area.
Duck Key/Conch Key
FKAA awarded Wastewater Treatment Plant construction upgrade and expansion contract to
Encore Construction. Progress meeting 9 held July 21, 2010.
ILA Amendment drafted to include Duck Key collection system construction.
73% of 150 EDUs at Conch Key are connected to system.
South Lower Keys Regional Wastewater Treatment Facility (Big Coppitt)
• Provided responses to Clerk's internal audit.
• Approved Giannetti pay applications.
• Addressed property owner questions related to lateral connections and building permits.
• FKAA reports 961 out of 1704 EDUs connected.
Wastewater Report — August 18, 2010 BOCC meeting
Page 1 of 2
Cudioe Regional Wastewater Treatment Facility
Cudjoe Regional WWTP and central collection system plans and specifications being finalized;
projects are considered biddable.
Cudjoe transmission main 30% design review complete. Feasibility of Niles Channel crossing
established. DOTS surplus of property at three locations for the Cudjoe regional pumping stations,
per DOT'S guidelines, under review for consistency with Heritage Trail Plan.
Cudjoe Regional (expanded) 30% design drawings under review.
Stock Island
Approximately 82% of the 2,672 EDUs served by the initial gravity collection system and Phases 1-3
of the expanded vacuum system are connected. Code enforcement meetings are held monthly and
fines are being imposed if design, permitting, and connection deadlines are not met.
Approved invoice for buffer tank installation.
West Long Key
• Meeting held with property owners on West Long Key to present option of connecting adjacent
properties to Outdoor Resorts treatment facility as opposed to upgrading approximately 20 onsite
systems. Level of subsidy will determine which option is more attractive to residents.
Wastewater Report — August 18, 2010 BOCC meeting
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Aujust 18, 2010 Division: County Administrator
Bulk Item: Yes _ No X Department: Wastewater
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval of third amendment to Interlocal Agreement (ILA) with the
Florida Keys Aqueduct Authority (FKAA) dated September 20, 2006 and previously amended on July
15, 2009 and February 17, 2010 for the County to provide $8,800,000 funding for construction of the
collection system portion of the Duck Key Regional Wastewater System.
ITEM BACKGROUND: The BOCC authorized $5,100,000 to fund construction to expand and
upgrade the Duck Key treatment plant on July 15, 2009. Amendment no. 2 to the ILA clarifies that the
$5,100,000 authorization is in addition to the $1,500,000 previously authorized to fund planning and
design of the treatment plant and collection system. Amendment no. 3 to the ILA authorizes an
additional $8,800,000 (for a total of $15,400,000) for construction of the collection system. $1,500,000
will be advanced to FKAA.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved the ILA with FKAA for the Duck Key
wastewater system on September 6, 2006; BOCC approved the first amendment to the ILA with FKAA
for Duck Key wastewater system on July 15, 2009. BOCC approved the second amendment to the ILA
with FKAA on February 17, 2010.
CONTRACT/AGREEMENT CHANGES: Authorizes additional funds in the amount of $8,800,000
for construction of the collection system and associated engineering services and an additional advance
of $1,500,000.
STAFF RECOMMENDATIONS: Approval of Amendment no. 3 as stated above.
TOTAL COST: $8,800,000 INDIRECT COST: _nJa BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: $8,800,000 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
THIRD AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CONCH KEY/DUCK KEY REGIONAL WASTEWATER SYSTEM
THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT is entered into
this 18th day of August, 2010, pursuant to Sec. 163.01, FS., by and between Monroe County, a
political subdivision of the State of Florida, (County), and the Florida Keys Aqueduct Authority,
Inc., an independent special district, (FKAA).
WHEREAS, the County has committed by interlocal agreement dated September 6,
2005, and by Master Lease dated as of September 6, 2005, to seek funding through federal and
state grants and the issuance of revenue bonds backed by the pledge of infrastructure tax; and to
provide funding to the FKAA for the administration, planning and construction of wastewater
projects owned Monroe County; and
WHEREAS, on September 20, 2006, the County and the FKAA entered into an
interlocal agreement for the County to provide funding for administration, planning and
construction of a wastewater collection system, transmission main and method of treatment to
Advanced Wastewater Treatment (AWT) standards to serve the residents and business in the
Conch Key/Duck Key Wastewater Service District; and
WHEREAS, FKAA has acquired a treatment plant on Duck Key for purposes of upgrade
and expansion to provide AWT to the area encompassing Duck Key, Indies Island, and Conch
Key, and has initiated design and other services to commence the Duck Key Project; and
WHEREAS, the County and the FKAA desire to establish their responsibilities and
rights in carrying out the collection system segment of the Duck Key Project, including, but not
limited to, ownership of various system components and respective percentage of funding
responsibilities; and
WHEREAS, on July 15, 2009 the County and FKAA amended the interlocal agreement
to increase funding to Five Million One Hundred Thousand Dollars ($5,100,000) to fund
construction of the wastewater treatment plant upgrades and to identify ownership of segments
of the project; and
WHEREAS, on February 17, 2010 the County and the FKAA amended the interlocal
Agreement to increase funding to Six Million Six Hundred Thousand Dollars ($6,600,000) to
fund construction of the wastewater treatment plant upgrades; and
WHEREAS, the Parties find it appropriate and beneficial to increase the initial funding
to the FKAA to address funding for the collection system; now therefore
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
3rd Amend Duck Key ILA 1
1. Section 1, COUNTY FUNDING, Paragraph A, of the interlocal agreement (ILA) dated
September 20, 2006 , as amended July 15, 2009 and February 17, 2010 shall be amended to
read:
L COUNTY FUNDING OF COUNTY -OWNED SEGMENTS OF PROJECT:
A. The County shall pay to the FKAA, subject to annual appropriation from any lawfully
available source, an amount not to exceed Fifteen Million Four Hundred Thousand Dollars
($15,400,000) for the estimated cost of administration, planning, and construction of the
County -owned segments of the Duck Key Project, including the acquisition of the capacity at
the treatment plant to provide advanced wastewater treatment for Conch Key and Duck Key and
the collection system for Duck Key. FKAA shall provide changes in estimates to Monroe
County following bid selection. The County will consider such changes in estimates, but makes
no commitment to fund the project in excess of the amount stated herein.
2. Section 3, EXPENDITURE OF FUNDS, of the interlocal agreement (ILA) dated September
20, 2006, as amended July 15, 2009 and February 17, 2010 shall be amended to read:
3. EXPENDITURE OF FUNDS.
A. For application solely to the County's interest in the treatment plant included in
Section 2, PROJECT, paragraph A, of the ILA as previously amended, the FKAA shall initially
be funded in the amount of One Million Five Hundred Thousand Dollars ($1,500,000) for the
administration, planning and construction of the County -owned segments of the Duck Key
wastewater project.
B. For application solely to the collection systems included in Section 2, PROJECT,
paragraph A, of the ILA as previously amended, the FKAA shall initially be authorized to be
funded in the amount of Five Million Dollars ($5,000,000.00) for construction and engineering
services during construction of the collection system. Initial payment of One Million Five
Hundred Thousand Dollars ($1,500,000) will be made following receipt of Conformed
Documents and Notice to Proceed.
Thereafter, during the course of the project, and subject to annual appropriation by the County,
the FKAA may request reimbursement for payments made by FKAA upon submission of
documentation of previous expenditures from prior advance payments until the total amount of
Fifteen Million Four Hundred Thousand Dollars ($15,400,000) allocated by the County is
exhausted.
The FKAA shall submit documentation to the County Senior Administrator, Sewer Projects
(hereafter designated as the CSA) describing the services performed and stating for which
wastewater district for which the funds were expended. The submission must be in a form
satisfactory to the CSA and Clerk of the Circuit Court (Clerk). If the CSA approves the
submission she shall forward the same to the Clerk. If the CSA or the Clerk determine that the
submission is unacceptable, either of them shall return it to the FKAA in writing with a written
description of the deficiency(ies).
3. All other provisions of the ILA dated September 20, 2006, as amended on July 15, 2009 and
February 17, 2010, for the Conch Key/Duck Key Regional Wastewater System, not inconsistent
3rd Amend Duck Key ILA 2
herewith shall remain in full force and effect.
4. EFFECTIVE DATE. This Agreement will take effect on August 18, 2010.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
Danny L. Kolhage, Clerk
By:
Deputy Clerk
(SEAL)
ATTEST:
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairperson
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FLORIDA KEYS AQUEDUCT AUTHORITY
James C. Reynolds, Executive Director
3rd Amend Duck Key ILA 3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
8/18/10
Division:
Administrator
Bulk Item: Yes
_ No X
Department:
Wastewater
Staff Contact Person/Phone #: Elizabeth Wood/292-4525
AGENDA ITEM WORDING: Approval of a resolution establishing the wastewater capacity service
fee for properties within the Big Coppitt and Duck Key central service areas.
ITEM BACKGROUND: A mechanism is necessary to collect the wastewater capacity fee of $4,500
from properties that require initial wastewater service or additional capacity for redevelopment.
System Development Fees of $4,500 were collected from developed properties within the Big Coppitt
and Duck Key Service Areas. Some property owners elected to pay non -ad valorem assessments on
the annual tax bill for 20 years.
PREVIOUS RELEVANT BOCC ACTION: N/A.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X Not Required
AGENDA ITEM #
RESOLUTION NO. - 2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, ESTABLISHING THE WASTEWATER CAPACITY SERVICE FEE
FOR PROPERTIES WITHIN THE BIG COPPITT AND DUCK KEY CENTRAL SERVICE
AREAS DEVELOPED AFTER THE LEVY OF THE NON -AD VALOREM WASTEWATER
ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Big Coppitt and Duck Key Central Wastewater Systems were
constructed with additional capacity for future development; and
WHEREAS, impact fees are normally exacted for new development of properties but
cannot be required for wastewater because the capacity for new development for the foreseeable
future was incorporated into the Big Coppitt and Duck Key Central Wastewater Systems; and
WHEREAS, Monroe County is obligated to repay the Florida Department of
Environmental Protection (FDEP) State Revolving Fund (SRF) debt service associated with this
additional capacity; and
WHEREAS, Section 2.02 of the Interlocal Agreement between Monroe County and the
Florida Keys Aqueduct Authority establishes the levy of non -ad valorem special assessments as a
County responsibility; and
WHEREAS, Monroe County levied non -ad valorem wastewater assessments to collect
System Development Fees of $4,500 per Equivalent Dwelling Unit (EDU) from developed
properties within in the Big Coppitt and Duck Key Service Areas as described in Resolution 302-
2007 adopted on September 10, 2007; and
WHEREAS, in order to provide equity for all users of central wastewater systems, a
mechanism is necessary to collect a wastewater capacity fee from those properties within the Big
Coppitt and Duck Key service areas for which initial or additional wastewater service is required;
and
WHEREAS, a significant capital funding gap exists for the Cudjoe Regional Wstewater
Facility; and
WHEREAS, these wastewater capacity fees from future development have been
determined to be necessary to pay the FDEP SRF so that future sales tax revenue may be de -
obligated; and
WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those
properties within the Big Coppitt and Duck Key service areas for which initial or additional
wastewater service is required; and
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, FLORIDA, AS FOLLOWS:
Section 1.0 The following fees are hereby established for wastewater system capacity within the
Big Coppitt and Duck Key central service areas:
Residential Service:
The wastewater capacity fee for residential service is $4500.00 per residential unit (EDU). Single
family residences will be charged $4500.00; multi -family residences will be charge $4,500.00 for
each residential unit.
Non -Residential Service:
The wastewater capacity fee for non-residential properties shall be calculated based on an
estimated EDU allocation provided by the Florida Keys Aqueduct Authority. The EDU
allocation will the based on the anticipated volume (in gallons) of wastewater anticipated to be
generated by the property divided by a volume to EDU conversion of 167 gallons/EDU.
The anticipated volume shall be calculated based on the State of Florida Department of Health
System Size Determinations found in Chapter 64E-6.008 Florida Administrative Code,
Section 2.0 The wastewater capacity fee shall be collected by the Monroe County Building
Department upon issuance of a permit, or if a permit has already been issued but no certificate of
occupancy has been issued, the fee shall be collected by the Monroe County Building Department
prior to the issuance of the certificate of occupancy.
Section 3.0 This resolution shall become effective immediately upon its adoption by the
Monroe County Board of County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a meeting of said Board held on the 18"' day of August.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Kim Wigington
Commissioner Mario Di Gennaro
Commissioner George Neugent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
c -.
(Seal)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
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