Item Z1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 20 November 2002
Division:
Growth Management
Bulk Item: Yes
No ---X...-
Department
Marine Resources
AGENDA ITEM WORDING:
Update briefing on wastewater management projects and issues.
ITEM BACKGROUND:
The County Administrator informed the BOCC at its June 20, 2002, regular meeting, that staff will provide
briefing updates on the status of wastewater projects and issues to the BOCC on at least a monthly basis. In
addition to an oral briefing, the staff will prepare a written update report intended for insertion in the
Wastewater Project Book provided to the BOCC at the June meeting. A staff representative from the FKAA
has also been asked to attend the meeting to provide the Commission with further updates on their projects as
necessary .
PREVIOUS RELEVANT BOCC ACTION:
NA
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
NA
TOTAL COST:
NA
BUDGETED: Yes
No
COST TO COUNTY: NA
Year
REVENUE PRODUCING: Yes
No NA AMOUNT Per Month
APPROVED BY: County Atty
NA
Risk Management
DIVISION DIRECTOR APPROVAL:
of Growth Management
DOCUMENTATION: Included ~ To Follow _ Not Required
DISPOSITION:
AGENDA ITEM NO.:
'cl
BC021l50
10/30/023:29 PM
Memorandum
Deoartment of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Voice: (305) 289 2507
FAX: (305) 289 2536
Email: garrettg(cllmail.state.f1.us or
garrettgeo@hotmail.com
Board of County Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Dixie Spehar, Dist. I
Commissioner George Neugent, Dist. 2
Commissioner David Rice, Dist. 4
Commissioner Murray Nelson, Dist. 5
DATE: 14 November, 2002
TO: Board of County Commissioners
FROM: James L. Roberts, County Administrator
SUBJECT: Staff Update Report (# 06-02) on Wastewater Master Plan Implementation
Issues
The staff of the Florida Keys Aqueduct Authority will be on hand at the November Commission
to update the Commission on progress to date. The FKAA staff report for October is attached
(Attachment 1) for your review. FKAA staff will update the Commission on all issues through
the date of the BOCC meeting.
AVAILABLE FUNDS FOR WASTEWATER
Update on Federal Funds - $100 M Congressional Authorization: Public Law 106-554
authorized the Army Corps of Engineers (ACOE) to "provide technical and financial assistance
to carry out projects for the planning, design and construction of treatment works to improve
water quality in the Florida Keys National Marine Sanctuary. Congress may appropriate up to
100 million dollars through previous authorization language.
To date, through fiscal year 2002, $420,000 has been appropriated by Congress and received by
the ACOE for document preparation.
At both the County and state level, support has been given for the South Florida Water
Management District to be designated as the non-federal sponsor for the project. They were
confirmed as the local partner during the summer. Currently, the two agencies are developing a
Project Cooperation Agreement (PCA) to coordinate wastewater efforts in the Keys.
Over the course of the coming months, the ACOE will be developing a Program Implementation
Guide and a Program Management Plan. Input from the Program Development Team will be
taken as either document is created and the project comes to fruition.
To begin the process, the Monroe County Intergovernmental Task Force held a meeting on
September 23, 2002 on behalf of the ACOE and SFWMD. The Corps and District discussed
plans to move forward with wastewater projects in the Keys. At this meeting it was determined
BC021151
11/12/021:37 PM
that the Intergovernmental Task Force, since already in existence and representing all
governments in Monroe County, would accept the role acting as the Program Development Team
(PDT).
The Board of Commissioners, at its regular meeting held on September 18, 2002 resolved to
request that our Congressional delegation focus on moving any money appropriated under Public
Law 106-554 to the Florida Department of Community Affairs for direct management and
dissemination to wastewater projects in the Keys.
The Intergovernmental Task Force met on October 4, 2002 to discuss the Commission's
Resolution concerning the appropriation of federal dollars for wastewater. The Task Force voted
unanimously to request that the County reconsider its resolution to allow a bifurcated approach,
appreciating the actions of the Commission and the County's State Representative, but
suggesting that the County continue to pursue funding under the current federal authorization.
At its 16 October meeting, the Board adopted a revised Resolution, supporting the dual approach
suggested by the Intergovernmental Task Force. Similar Resolutions have been adopted by each
of the Cities.
On behalf of the Task Force, World Wildlife Fund representatives spent the week of the 21st of
October in Washington, D.C. discussing wastewater project appropriations with Key
Congressional staffers.
Update on FEMA Funds: The County staff continues to work with FEMA and the FKAA to
complete the FEMA projects at Key Largo, Conch Key and Baypoint.
Receipt of FEMA funds depends on the completion of a series of stepwise commitments leading
from public hearings through construction design and ultimately construction. FEMA also
indicates that the local share of the project must be committed and contracted by September
2003.
At this point, the first in a series of public hearings will take place concerning all three County
FEMA projects on the 8th and 9th of October 2002. FEMA through the State Conflict Resolution
Consortium, will host the meetings on the 8th at the Key Largo Library starting at 6:00 and at the
Marathon Government Center at the same time on the 9th. FEMA will present the Programmatic
Environmental Assessment (EA) for the entire suite of FEMA Unmet Needs projects (including
Islamorada). The public will be allowed to comment on the general scope of the FEMA project
collectively and the general programmatic EA, they will not be allowed to speak to the details of
any project individually. Staff met on September 19th with FEMA, the Consortium, and the
FKAA to complete a "dry run" for the proceedings for the 8th and 9th of October.
Next in the progression of requirements will be Supplemental Environmental Assessment
meetings which will allow the public to speak to specific issues concerning individual FEMA
projects.
In tandem with the FEMA public hearings, the FKAA continues to develop design criteria
documents in preparation for putting each of these projects out to bid for design and
construction. All of these documents should be available and out for responses by the end of the
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year. In the case of the Key Largo project, detailed designlbuild specifications will be sent out in
early December. Response to the Request of Statements of Qualification will be provided for
review by the new Key Largo Wastewater Utility Board. The Board will have sole responsibility
for reviewing, accepting (or rejecting), and developing any contracts necessary once the
responses are received.
On October 8th and 9t\ FEMA held its Programmatic Environmental Assessment meetings in
Key Largo and Marathon. The meetings were uneventful and from 7 to 10 individuals attended
each. The audience raised a number of questions, most unrelated to the general Environmental
Assessment. Questions about the new Key Largo Wastewater Board and the Conch Key
wastewater project were the principle subjects of discussion.
Update on FDEP State funding: State funding, in the amount of $ 11.8 million, was broken into
three categories and may fund either wastewater or stormwater projects. First, $1.66 million was
provided to qualifying projects in Key Largo, Islamorada, Marathon, and Key West. Second,
$200,000 was provided both Layton and Key Colony Beach. Third, the remaining funds ($4.76
million) will be provided to qualifying projects in hotspot areas as identified in the Wastewater
Master Plan. The County and municipalities have agreed in joint resolution to the equitable split
of these funds. The County's share will be $1.112 million. Then, ifthere are any funds left over,
additional projects will be considered in an additional round of funding.
Initial project proposals for the first category of funds noted above were due to the Florida
Department of Environmental Protection (FDEP) on August 19, 2002. Staff provided
information to FDEP documenting projects at Key Largo Park ($1.66 M), North Key Largo
Utility (NKLU - Ocean Reef Club) ($987,586), and Key West Resort Utility (KWRU)
($134,822). Comments on the project proposals have been made by FDEP for the Key Largo
Park project and have been responded to by FKAA consulting engineers. Staff awaits comments
from FDEP on the NKLU and KWRU projects.
Recall from the August report, that there is a question as to whether the State funds may be
utilized for private utility projects. This question has not been answered to date and must be
before the projects may move forward. However, Representative Sorensen has addressed this
matter in a letter to FDEP indicating that it was not his intent in the legislation, which provides
the funds, to exclude private utilities from potential receipt of grant dollars. Staff presented a
letter to FDEP on the question of eligibility for the private utility projects in the middle of
October. Geof Mansfield with FDEP and staff from the Governor's office will answer the letter
from County staff, but has not to date.
Finally, at its August meeting the County agreed to provided up to $200,000 to reimburse the
FKAA for services from its consulting engineer in preparation of documents for the state funding
projects, notably Key Largo Park. This amount was modified to include an additional $156,000
for the project at the Board's October meeting. Funds will be provided to the FKAA on a
reimbursement basis.
No additional information is available concerning the State funded wastewater projects.
Development of each project is moving forward within the FKAA to have RFQs on the street for
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each by the middle of December. Dick Smith will be in the Keys dwing the week of October 5th
to discuss progress on each project. County staff will attend meetings with Mr. Smith at the
FKAA facilities in Key West.
Remaining Cesspool Elimination Funds: In a separate report prepared for the September Board
meeting, a complete assessment of the availability of the cesspit replacement funds is provided
with recommendations for its redistribution to other projects. However, at a minimum
$1,095,394 of state funds and $792,049 of County funds are projected to remain for
redistribution. These figures are predicated on an assumption that 36 on-site system permits that
are currently still in the system will apply for and receive grant funds for cesspit replacement. If
this is not the case, then the availability of cesspit replacement funds for redistribution will be
higher than projected. The BOCC approved utilizing FDCA and County funds intended for
cesspit removal at its September 21, 2002 meeting. Grant revisions to both FDCA grants for
cesspit funding were also provided to the Board at its October 16, 2002 meeting. Both contract
revisions were approved.
The FDEP grant, if any FDEP funds remain, must be spent by July 2003. Staff has talked to both
FDEP and the FDOH at about the transition process for using this money. FDOH will send out
"last chance" letters to the remaining 36 applicants in the permitting process. If they do not
adequately respond by the end of the year, the cesspit identification and elimination grant
program will be terminated and the funds will be shifted through a grant contract revision to the
Key Largo Wastewater project or elsewhere as appropriate.
Based on the Commission's approval to shift the cesspit replacement grant funds to other
projects, staff has focused on providing these funds to projects underway in Key Largo.
Precisely how much of the state and remaining County funds will be necessary to fund these
projects has not been determined to date. Some of the issues concerning the use of these funds
will be presented to the new Key Largo Wastewater Board. Their response will be provided
back to the Commission with additional staff reports before a final determination concerning the
use of these funds is made.
Other Grant Opportunities: Under House Bill 851 (FY 2002), the County may request projects
funding for wastewater. The deadline for submittal of an application is November 15, 2002.
Since staff became aware of this project between the October and November Board meeting,
staff was not able to request to submit a proposal under the grant funding program in October. A
copy of the proposal will be provided to the Board at the November meeting. Staff will develop
a project proposal for the Big Coppitt area.
Rick Casey of the Monroe County Housing Authority has been very hopeful of receiving a
Community Development Block Grant (CDBG)for approximately $350,000. This request fell
through in October, failing to meet the funding cut by 1 place. Mr. Casey will be able to
resubmit a request in December of 2002 and hopes to receive an affirmative response in June of
2003. Tis is highly likely as agencies that already have a grant will not receive another. This
puts the County in a strategic position to receive a grant in the upcoming round of grant
approvals. The problem with this delay is that failure to receive that CDBT grant funds limits
availability of funds to assist low and very low income households.
4
Issues Addressed! Actions Taken
o Approval by the BOCC to provide funds to the FKAA in the amount of $200,000 to offset
costs of preliminary engineering efforts to complete requirements to receive State funds at
Key Largo Park.
o Approval of staff recommendations for use of remaining FDEP, FDCA, and County funds
remaining from cesspit replacement program.
o Approval of a Resolution requesting that the State's Congressional delegation assess the
feasibility of shifting any federal appropriations funds for wastewater in the Florida for
management and dissemination by the Florida Department of Community Affairs.
o Approval by the BOCC to provide an additional $156,000 to the FKAA for development of
the state funded Key Largo Park wastewater project.
o Approval of a revised Resolution to seek a dual path for funding wastewater projects, one
through the existing federal authorization and the other through the efforts of the County's
State Representative to have appropriations provided to a State Trust Fund administered by
FDCA.
Issues That Need to be Addressed
o Need to adopt financial assistance criteria for economically disadvantaged households
throughout the County.
o Need to submit a project proposal for Big Coppitt under the auspices of House Bull 851.
Recommended BOCC Action:
o Consideration of additional recommendations for financial assistance programs.
Significant Future Milestones/Actions:
o Decision on financial assistance programs as recommended by staff. [Target Date:
December Commission meeting}
WASTEWATER GOVERNANCE
Two issues now appear under the wastewater governance category of the monthly report:
1. the continuing relationship and agreements between the County and the FKAA, and
2. the issue of transition agreements between the County and the new utility in Key Largo.
5
Update: Currently County and FKAA staff are working well together, though more frequent
communication is recommended. No work has been done to complete or revise the current
operating agreement between the two agencies. Staff believes that a new operating agreement
will be ready for the November BOCC meeting.
Staff continues to make preparations for the transition of the Key Largo FEMA project at Key
Largo Trailer Village and the state funded project at Key Largo Park. It is the goal of each
agency to complete all requirements for both projects up to and through the development of a
Request for Statements of Qualifications (RSQ) for a design/build wastewater facility at Key
Largo Trailer Village and a design/bid/build project at Key Largo Park. The FKAA will provide
the documents to the newly elected Board of the Key Largo Wastewater Utility as the RSQs are
completed and the new Board is prepared to receive them and take action.
The Florida Keys Aqueduct Authority (FKAA) is faced with significant funding limitations
during the development phase of wastewater projects currently underway until these projects are
complete and are revenue generating. In order to address the start-up funding issue, the FKAA
has proposed entering into a cooperative interlocal agreement with the County to develop a
limited funding source for administration, planning, and development of wastewater projects.
The funding source in this case would be a Municipal Service Taxing Unit (MSTU) authorized
of County governments (not municipalities) under Section 125.0l(1)(q), Florida Statutes.
No referendum is required for levy by a County of ad-valorem taxes for the provision of
municipal services with an MSTU. Revenues would be generated for a limited duration of four
years and would be levied against all properties. Funding levels and millage would be justified
in a four year budget for each project within an MSTU. At the time of required hook-up,
developed properties would be required to pay hook-up fees, however, reduced by the amount
paid by those properties under the MSTU.
The FKAA, with their bond council Mark Lawson, will make a presentation to the Board on this
issue at the November 2002 meeting. The Board will be asked to authorize advertising the
MSTU Ordinance for public hearing at the Commission's December regular meeting. If the
Board approves the MSTU in December, they will also be requested to approve an Interlocal
Agreement between the County and FKAA for use of the funds. In order for the MSTU to be
effective for the coming tax bill (fall 2003), the MSTU ordinance must be passed before January
1,2003 in accordance with Florida Statutes Chapter 125.
Staff also remains concerned that, with the time deadlines facing the new Key Largo Board for
both the FEMA and State projects, the new Wastewater Utility Board will have difficulty
meeting these appointed deadlines. Staff believes that the County and the FKAA should stand
ready to assist if requested.
An additional concern is that the new Utility Board has no financial wherewithal at this time to
commit to and complete the two wastewater projects in Key Largo. The voters of Key Largo
rejected a referendum to provide funds to the Utility. There are very limited options for the new
Board with regard to raising necessary administrative dollars to begin and continue with their
operations. One possibility is to ask the County to include them in the upcoming review of
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ordinances to adopt Municipal Service Taxing Units as noted above. However, if it is agreed to
adopt an MSTU for Key Largo, limitations for their general use to fund Utility administration
will still exist.
Many of the potential Utility Board candidates are requesting that the Commission assist in
holding the first Utility Board meeting, for instance, in providing the agenda, assisting in the
election of a Board Chair, or in providing the meeting location and services of Channel 16. The
County has agreed to host the new Key Largo Wastewater Utility Board's first meeting. The
meeting will be held at the Key Largo Library on November 19, 2002 at 6:00 PM. This is the
evening before the Commission meets at the same location. Staff has taken comments from
several of the Board members individually and has incorporated these into an agenda for the
meeting. Prime issues will be to elect officers and set up basic administrative procedures. The
staff of the County, FKAA, and the State will be on hand or provide reports, which inform the
Board of progress to date of the commitments and time frames that the new Board is operating
under. A copy of the draft agenda for the new Board is attached for your review (Attachment 2).
Issues That Need to be Addressed:
o Need to prepare and approve new agreements 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 financial commitment and underwriting by the County.
o Need to consider the possibility of an MSTU for each of the wastewater project areas,
including the City of Marthon.
Recommended BaCC Action:
o Consideration of new agreement(s) with the FKAA establishing roles and responsibilities for
wastewater services in unincorporated Monroe County prepared by the FKAA and County
staffs.
o Consideration of MSTU concept and approval for advertisement (including Key Largo
potentially).
Significant Future Milestones/Actions:
o Approval of an MSTU ordinance adopting four wastewater districts, Conch Key, Marathon,
Baypoint, and Big Coppitt. [Target Date: December meeting}
o Approval of an MSTU ordinance adopting a wastewater district for Key Largo if the Key
Largo Wastewater Board requests such action and only after careful consideration of the
Commission. [Target Date: December meeting}
o Execution of new agreement(s) with the FKAA spelling out the renewed relationship with
the County including specific roles and responsibilities and financial commitment and
underwriting by the County. [Target Date: December or later Commission meeting}
7
PROGRAMMATIC IMPLEMENTATION PLAN
Update: In conjunction with the FKAA staff, the County will move forward on the preparation
of the programmatic implementation plan. Significant work has been completed by the BOCC in
the past several months, but additional time investment is necessary on critical wastewater
projects before completing the programmatic implementation plan. Staff anticipates having this
item in front of the Board at its November meeting. Most importantly, the plan will outline a
reasonable and achievable prioritized list of wastewater projects to move forward on.
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 disadvantage
households.
Issues That Need to be Addressed:
o Need for realistic programmatic implementation plan that establishes policies on reasonable
connection fees and monthly 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 Plan.
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.
Recommended BOCC Action:
o Consideration of recommended draft programmatic implementation plan prepared by County
and FKAA staff.
Significant Future Milestones/Actions:
o Approval of programmatic implementation plan for the Sanitary Wastewater Master Plan
[Target Date: January 2003 Commission meeting]
FEMA UNMET NEEDS PROJECTS
A. General
FEMA has notified FKAA and the County that the Programmatic Environmental Assessment
(PEA) for all FEMA projects is completed and that public hearing dates have been set for
October 8, 2002 in Key Largo and October 9, 2002 in Marathon. All staff meeting was held on
September 19, 2002 in preparation for the October meetings. An informal public workshop was
hosted by the FKAA on the same day to assist the new sewer board candidates in understanding
the issues associated with the wastewater projects in the works.
8
Supplemental Environmental Assessment hearings will be held for each of the projects
individually, Key Largo, Conch Key, and Baypoint later in the fall. Dates have not yet been set
for these hearings. However, these meetings should start with the Conch Key project sometime
in December or early 2003.
B. Key Largo Trailer Village (MM 101.5) and Key Largo Park (MM 100.5)
Update: Staff continues to work in preparing documents for both the Key Largo Trailer Village
FEMA project and the Key Largo Park State funded project. Staff believes that all necessary
documents for initiating a Request for Statements of Qualification will be complete before the
end of the year. Thus, the newly elected Key Largo Wastewater Utility Board can direct the
projects from that point forward. Such preparations will include all documentation required to
that point for both FEMA and FDEP, which provide separate funding for these projects.
The Board approved the redistribution the State cesspit replacement funds to the Key Largo
projects to assist in writing down some of the cost to homeowners and businesses as well as to
expand the user base of these projects if possible. This will help expanding the project area and
in minimizing some costs.
However, principal issues facing the Board of County Commissioners is the smooth and
expedient transition of this process to the newly elected Utility Board. Staff believes that the
newly elected Board will have a difficult time completing the transition in a timely manner
without the assistance of the County and the FKAA. Meetings between the County, FKAA, and
the State continue on this subject. As noted elsewhere in the report, the County will host the
initial meeting for the newly elected Wastewater Utility Board. It may host one additional
meeting to ensure timely transition of responsibilities.
Issues Addressed! Addressed Taken:
o Approval by the BOCC assigning $1.66 million in available State funds to expand the Key
Largo Trailer Village FEMA project to include Key Largo Park.
o Approval of a resolution with the FKAA for the use of $1.66 million in FDEP funds to move
forward toward constructing the Key Largo Park project and the designation of up to
$200,000 in Fund 148 dollars to assist the FKAA in on-going engineering costs for the Key
Largo project.
o Approval of an additional $156,000 in funding for project development at Key Largo Park
Issues That Need to be Addressed:
o Need to amend the joint resolution with FKAA (Resolution No. 093-02) to more accurately
reflect transition of responsibilities and duties to the new wastewater utility board for the
FEMA and State project commitments and for any commitments that the County has made to
the FKAA.
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Recommended BOCC Action:
o Consideration of an amended joint resolution agreement with the FKAA for the Key Largo
Trailer Village on a transition plan and appropriate changes in County funding and
underwriting commitments.
Significant Future Milestones/Actions:
o Approval of a joint resolution with the FKAA on the Key Largo Trailer Village project.
[Target Date: December Commission meeting}
C. Conch Key (MM 61)
Update: The FKAA will prepare design criteria for the stand alone project at Conch Key. The
design criteria will be for either a designlbuild or designlbid/build type project. These design
criteria documents should be ready by December 2002. A typical site layout for the wastewater
treatment plant and vacuum pump station is attached for your review.
The Commission agreed at its October meeting to a transfer agreement with the FDOT for
property on the north side of U.S. 1 on Conch Key. This property will be utilized for both the
treatment plant and vacuum pump station on the island. Completion of this acquisition effort
should be complete by the end of the year. A typical layout of the FDOt identifying a
wastewater treatment plant and vacuum pump station is provided for your review as Attachment
3.
The County and the FKAA will hold an informal public meeting at Conch Key to discuss the
direction and progress on the project and to take public input. This meeting will be held on
December 3,2002 at 7:00 PM at the Conch Key Volunteer Fire Department meeting room.
Issues Addressed! Addressed Taken:
o Approval by the BOCC of the selection of the stand-alone wastewater management option
for Conch Key on June 20, 2002.
o Approval of an agreement with FDOT for the proposed wastewater treatment plant site on
the north side of the Overseas Highway, Conch Key
o Decision not to move forward in acquiring property on the south side of the Overseas
Highway, Conch Key.
Issues That Need to be Addressed:
o Need to revise the joint resolution with the FKAA (Resolution No. 227-002) to reflect
updated job responsibilities and commitments.
10
Recommended BOCC Action:
o Consideration of amended joint resolution or agreement with the FK.AA for Conch Key on
milestones to complete the project and on County funding and underwriting for the
commitments for the project.
Significant Future Milestones/Actions:
o Approval of a joint resolution on milestones to complete the Conch Key project and on
County project funding and underwriting commitments. [Target Date: December
Commission meeting)
D. Baypoint (MM 15)
Update: Work on the development of design documents continues for the Baypoint FEMA
project. FK.AA will be finished with this work in preparation to send and evaluate responses to a
Request for Statements of Qualification in the early part of the year.
The Land Authority is proceeding on efforts to purchase lots 11 and 12 of Bay Point Amended
Plat Saddle bunch as directed by the Commission at the 16 October 2002 Board meeting. The
Commissions' "due diligence" period ends on December 15, 2002 and therefore, acquisition
should be complete by the end of the year.
Surveys of lots 11 and 12 are complete including elevations and have been provided to the
FK.AA in order to allow them to begin detailed site engineering. Attached for the Board's
review is a typical layout of the wastewater treatment plant and vacuum pump station as they
may appear on lots 11 and 12 when constructed.
County and FK.AA staff will hold an informal community meeting at the Sugarloaf Firehouse on
December 4, 2002 at 7:00 PM to discuss current progress on the project with Baypoint and
Saddlebunch Keys' residents.
Issues Addressed! Addressed Taken:
o Selection by the BOCC of a site in Bluewater RV Park for location of a wastewater treatment
plant.
o Approval to purchase lots 11 and 12 of Baypoint Subdivision
Issues That Need to be Addressed:
o Need to acquire the site for the wastewater treatment plant at Bluewater RV Park.
o Need to revise the joint resolution with the FK.AA concerning mutual responsibilities and
commitments for the Baypoint FEMA project.
11
Recommended BOCC Action:
o Consideration of an amended joint resolution with the FKAA.
Significant Future Milestones/Actions:
o Approval of an amended joint resolution with the FKAA. [Target Date: October
Commission meeting or later]
KEY WEST RESORT UTILITIES (STOCK ISLAND EXPANSION)
Update: The Commission requested that a recommendation be made concerning the
determination of financial hardship for those required to hook-up to an investor-owned utility.
The Commission will be asked to review recommendations made by staff at its September 2002
meeting. Discussions with the Monroe County Housing Authority indicate that the housing
Authority is willing to administer the grant program for hook-up fees and certain on-site
improvements for those determined to have a financial hardship. In will use SHIP funds in this
effort. In addition, the Housing Authority has been notified that it has been short-listed to
receive Community Development Block Grant Funds (CDBG) in the amount of approximately
$487,000. These funds will assist in making hook-up fees and on-site improvements for
wastewater affordable to a larger number of individuals identified as meeting hardship criteria.
Issues Addressed! Addressed Taken:
o Approval by the BOCC on July 31, 2002, of a contract to make available to Key West Resort
Utility $4.6 million in Fund 304 Infrastructure money to expand its collection to the
remaining portions of south Stock Island.
Issues That Need to be Addressed:
o Need to develop a financial assistance program for economically disadvantaged households.
o Need to request the Key West Resort Utility move forward on upgrading its plant to A WT.
Recommended BOCC Action:
o Consideration of financial assistance program developed by staff at the direction of the
Board.
o Consideration of a resolution requesting that Key West Resort Utility move forward on
upgrading its wastewater treatment plant to meet A WT standards.
Significant Future Milestones/Actions:
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o Acceptance of financial assistance program for economically disadvantaged households
presented by staff. [Target Date: September Commission meeting]
o Approval of resolution requesting the Key West Resort Utility upgrade to A WT. [Target
Date: October 2002 Commission meeting]
LOWER KEYS WASTEWATER (MM 7.0 TO MM 11.0)
Update: The FKAA is initiating preliminary work to develop engineering design criteria for the
Big Coppitt area. This will begin in detail in October.
Information developed by the FKAA will be evaluated to determined what the best management
options are for the area. A preferred approach will be presented to the Commission.
Staff will submit a grant proposal to FDEP under the auspices of House Bill 851 (FY 2002).
Issues Addressed! Addressed Taken:
o None to date
Issues That Need 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.
o Need to seek additional funding for the project as the next project in priority from the
Sanitary Wastewater Master Plan.
Recommended BOCC Action:
o Consideration of recommendations of staff on preferred wastewater management options for
Big Coppitt.
o Consideration of a resolution requesting that Key West Resort Utility move forward on
upgrading its wastewater treatment plant to meet A WT standards.
o Direct staff to seek funding for the Big Coppitt wastewater project.
Significant Future Milestones/Actions:
o Consideration of project proposals for wastewater management options on Big Coppitt to
determine the preferred wastewater management option. [Target Date: To be determined)
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o Acceptance of grant funds to further develop the Big Coppitt wastewater project. [Target
Date: To be determined)
EP A DECENTRALIZED W ASTEW A TER DEMONSTRATION PROGRAM
Update: Staff has met with the Board of the FKAA and presented a preliminary proposal to
move forward in acceptance of the EP A Decentralized wastewater grant. The FKAA Board
agreed that it was worth pursuing the grant through the development of a feasibility analysis at
which time the County and the FKAA would determine whether to move forward further on the
project. The Commission approved this same recommended approach at its October meeting.
Work orders for the completion of the EP A grant application and processing and for the
Decentralized Utility feasibility study. CH2MHill will provide all documentation and report to
the Commission by early 2003.
Issues Addressed! Addressed Taken:
o Approval of staff recommendations to move forward with the EP A decentralized grant
program. [Target Date: September Commission meeting]
Issues That Need to be Addressed:
o Need to determine how the grant funds will be used and to prepare an application to receive
the EP A decentralized utility grant award.
o Need to complete a feasibility analysis to determine whether or not to move forward with the
EP A decentralized Utility grant award.
o Need to access the feasibility study and determine the future direction of the EP A
decentralized wastewater project.
Recommended BOCC Action:
o None at this time
Significant Future Milestones/Actions:
Determination of project feasibility for the EPA Decentralized Utility project. [Target Date:
January or February 2003 Commission meeting]
OTHER ISSUES
Update: Revision of the "coldspot" ordinance has placed areas like Duck Key and Conch Key in
jeopardy of being required to provide engineered on-site wastewater systems prior to the
availability of the centralize wastewater system anticipated for either area. This jeopardy would
involve both new construction, additions, repair, or redevelopment.
14
Issues Addressed! Addressed Taken:
o Revision of ordinance to change Duck Key and Conch Key to "hotspots." Resolutions 39-
2002 and 40-2002.
Issues That Need to be Addressed:
o None
Recommended BOCC Action:
o None
Significant Future Milestones/Actions:
o
15
WASTEWATER REPORT - NOVEMBER 2002
General Information:
. The next BOCC meeting is scheduled for
November 13th in Key Largo. At the time this report was prepared only
limited information was available regarding wastewater items on the BOCC
agenda:
1) Report on issues with the Florida Keys Aqueduct Authority,
FEMA and the State including project eligibility and funding.
2) Update briefing on wastewater management projects and issues.
3) Resolutions creating Municipal Service Taxing Units (MSTU) for the
Bay Point, Conch Key, Big Coppitt and City of Marathon wastewater
project areas.
!Active Project~
Little Venice:
· Project Completion Agreement executed
between Liberty Mutual and United Engineering Corporation (fEC)
effective October 1st.
· A pre-construction conference was held on
October 24th. Liberty Mutual issued a Notice to Proceed to UEC effective
October 7th. The schedule for completion of the major project elements is as
follows:
Potable water system 120 days
Sewer collection system 210 days
Wastewater treatment plant 330 days
· FDEP has approved $1,660,000 of State
grant funding to be used toward construction of the existing Little Venice
project.
· UEC will begin construction the week of
November 11th in the Ocean Isles Fishing Village community (i.e., 10gh
17
Street) with this portion of the vacuum collection system to be complete by
November 28th.
Little Venice Phase II Expansion:
. The project will serve an area on the gulf side of U.S. Highway One,
generally east of the Marathon Airport, with funding from a State grant of
$1,122,408.
. The City of Marathon has requested that the entire Phase II expansion area
be served provided the blended system development fee for all Little Venice
Wastewater System customers does not exceed $4,700 per EDU.
. The preliminary number of EDU's in the Phase II expansion area is
estimated to be 280.
. FDEP has approved the $1,122,408 of State
grant funding to be used toward construction of the project. A grant funding
agreement has been prepared by the FDEP and submitted to the FKAA.
. Staff and the FDEP are preparing the
documentation required by the USEP A to advertise a Finding of No
Significant Impact (FONSI) for the expanded project.
. Boyle engineering continues work on the project design with completion
scheduled for December 2cJh.
Marathon Central:
. The bond validation ruling issued on August 2ft by the Monroe County
Circuit Court has been appealed to the Florida Supreme Court.
. Additional changes are being made to the design/build/operate request for
proposals that have been requested by the FDEP in their role as lender under
the State Revolving Fund (SRF) loan program.
. The FDEP State Revolving Fund (SRF) pre-construction loan expires on
December 15th. If the Marathon Central project is going to move forward, an
amended pre-construction loan agreement will need to be executed.
Conch Kev:
18
. Monroe County expects to finalize the acquisition of surplus U.S. Highway
One right-of-way from FDOT for a wastewater treatment plant and vacuum
pump station on the gulf side of Conch Key.
. FKAA staff is working with County staff to develop an extensive
landscaping plan on the selected property to provide visual screening of the
proposed treatment plant and pump station facilities.
. Staff has substantially completed a Basis of Conceptual Design Report to
accompany the Supplemental Environmental Assessment (SEA) information
required by FEMA to conduct a site-specific public workshop for the
project. The site-specific workshop will be conducted by FEMA in January
or February.
. Boyle Engineering is preparing a revised Preliminary Design Report based
on a stand-alone treatment plant to be located on Conch Key. The
Preliminary Design Report previously prepared was based on directing the
Conch Key flow to the existing Hawk's Cay wastewater system.
. Staff is substantially complete with a design-build request for proposals
(RFP).
Kev Lar20 Trailer Villa2e:
. Staff is preparing a Basis of Conceptual Design Report to accompany the
Supplemental Environmental Assessment (SEA) information required for
FEMA to conduct a site-specific public workshop for the project. The site-
specific workshop will be conducted by FEMA in January or February.
. Boyle Engineering has prepared a task order to furnish planning, preliminary
design and proposal solicitation phase services as Design Criteria
Professional for the project pursuant to the requirements of Florida Statutes.
Kev Lar20 Park:
. The BOCC selected the Key Largo Park subdivision (M.M. 101.5) as the
community to be provided with sewer service using $1,660,000 of State
grant funding designated for the Key Largo area.
. A grant funding agreement is being prepared
by the FDEP and will be provided to the new KL WWTD Governing Board
in December.
19
. Boyle engineering continues work on the project design with completion
scheduled for December 1 fib.
. County staff is evaluating the availability of other sources of state and
county grant funding (i.e., cesspit elimination funds), a portion of which will
be applied toward construction of the Key Largo Park project.
Bav Point:
. At the County Commission meeting of July 1 f the BOCC selected property
on Bay Point Key as the site for a wastewater treatment plant and vacuum
pump station. The Monroe County Land Authority is in the process of
completing acquisition of the property.
. FKAA staff is working with County staff to develop an extensive
landscaping plan on the selected property to provide visual screening of the
proposed treatment plant and pump station facilities.
. Staff is substantially complete with a design-build request for proposals
(RFP).
. Staff is preparing a Basis of Conceptual Design Report to accompany the
Supplemental Environmental Assessment (SEA) information required for
FEMA to conduct a site-specific public workshop for the project. The site-
specific workshop will be conducted by FEMA in February or March.
DCA Funding
Layton:
. Staff has completed a basis of conceptual facilities design plan and report
required under the Inter-local Agreement with Layton. The facilities
plan/report was submitted to the City on October 30".
.
20
Attachment 2
Draft Agenda - Key Largo Wastewater Utility
21
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AGENDA
KEY LARGO WASTEWATER DISTRICT
BOARD MEETING
6:00 PM, Tuesday, November 19,2002
Key Largo Library
101485 Overseas Highway
Monroe County, Florida
A. Call to Order (Mr. James L. Roberts, Monroe County Administrator)- 6:00 PM
B. Pledge of Allegiance
C. Administration of Oath of Office (Judge William R. Ptomey)
(Board members: Gary Bauman, Cris Beaty, Charles Brooks, Andrew Tobin, and
Jerry Wilkinson)
D. Election of Officers
1. Agreement on nomination and election procedures proposed by County
Administrator
2. Chairman (Elected chairman assumes leadership of meeting)
3. Vice Chairman
4. Secretary/Treasurer
E. Brief Opening Statements by Board Members
F Housekeeping Items
1. Approval of resolution authorizing Chairman to sign official documents
on behalf of the Board.
2. Adoption of Robert Rules of Order
G. Background Briefings by State, FKAA, and County Representatives
1.. Key Largo wastewater projects, schedule, and transition issues. (Jim
Reynolds, FKAA Deputy Executive Director, and representative from
Boyle Engineering)
2. County financial assistance and transition issues (James Roberts, County
Administrator)
3. Letter from FDEP on State financial assistance and requirements for Key
Largo Park Project (attached-FDEP representative will be unable to attend
meeting)
4. Sunshine and Public Records Laws (County representative)
H. Agenda Items (to be set by Board at meeting) [Attached to this agenda for the
Board's consideration are some suggested items provided by Charles Brooks,
Andrew Tobin, and Jerry Wilkinson.]
I. Public Input
J. Scheduling of Next Meeting
K. Adjournment - 9:00 PM
ADA Assistance: Anyone needing special assistance at the Board of County
Commissioners' meeting due to a disability should contact the Monroe County Growth
Management Division Director's office at 289-2517 by 12:00 p.m. on Monday,
November 18, 2002.
Attachments
Department of
Environmental Protection
Jeb Bush
Governor
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
David B. Struhs
Secretary
November 7, 2002
Mr. George Garrett, Director
Division of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Re: Appropriation Line Item 1765A - Key Largo Park
Dear Mr. Garrett:
Establishment of the Key Largo Wastewater Treatment District Governing Board, the lack of funding for
the Governing Board, and the possible termination of County responsibilities for wastewater management
in the District raise questions about how the March 1, 2003 deadline to establish readiness-to-proceed will
be met. The funding situation is complicated by the necessity to proceed with the Key Largo Trailer
Village project to provide treatment for the wastewater to be collected in the Key Largo Park service area.
As you know, failure to meet the deadline would release $1.66 million for reallocation to other ready-to-
proceed projects in the Florida Keys.
A listing of activities associated with the potential Appropriation Line Item 1765A funding is attached to
explain the Department's concern over the Sewer Board's ability to meet the March 1 deadline. Some of
the listed activities relate to the Appropriation requirement for establishing rates, fees, and assessments.
Please note that there also are activities of concern that would not be subject to the March 1 deadline, but
such activities would become tasks to complete under any agreement obligating grant funds.
Satisfying the financing requirement necessitates an identification of the source of up-front money that
the locally generated revenues would support. Of course, evidence of the ability to obtain the non-grant
share for the complete project (i.e., Key Largo Trailer Village and Key Largo Park) is needed as well.
Accordingly, please identify the amount (and timing) of any funds that the County will provide in
addition to the required match to the Federal Emergency Management Agency grant.
If you have any questions about the requirements for grant funding, please call me at (850) 245 - 8358.
Sincerely,
fJ:a~{U
Richard W. Smith, Professional Engineer Administrator
Bureau of Water Facilities Funding
RWS/
Attachment
cc: Gus Rios
Jim Reynolds
"More P"'ou.:::rlt;n. LC:::: P,"occss
Printed on recyded paper.
ATTACHMENT A
KEY LARGO W ASTEW A TER TREATMENT DISTRICT
Key Largo Park Subdivision
PROJECT BUDGET
Category of Expenditure DEP Funds Other Funds Total Funding
FY 02/03 FY 03/04 FY 04/05
EI12in . DesiJ.Ul None None None
Construction
Technical Services
d~ Construction
Administrative Services None None None
Legal Services None None None
Land None None None
Office Equipment and None None None
Related Costs
Other None None None
Total
SCOPE OF PROJECT WORK:
A vacuum collection system serving the Key Largo Park subdivision will be constructed using
the design/bid/build approach. The collection system consists of vacuum mains, vacuum pits,
buffer tanks, vacuum valves and gravity collection lines extending from the vacuum pits and
tanks to the property line for each building to be served. While Appropriation 1765A funding is
not being provided for the decommissioning of on-site treatment and disposal systems or the
installation of building laterals on private property, such work must be undertaken to achieve a
functional system. The Grantee must ensure that the work on private property is accomplished in
a timely manner. The Key Largo Park vacuum collection system is dependent upon the
construction of a vacuum station, treatment plant, and injection well disposal system described as
the Key Largo Trailer Village subdivision system. Therefore, the Grantee must ensure that all
construction necessary for a complete and operable wastewater management system is
undertaken in a timely manner.
PROJECT SCHEDULE:
Completion of Project activity (1) through (9) below shall be accomplished before March 1,
2003 to comply with statutory requirements. Expected completion dates for the necessary
Project activities are indicated below. The completion dates for Project activities (10) through
(25) may be adjusted in the event that this Agreement is amended to provide for grant
disbursements. All submittals shall be made to the Department's Grant Manager.
DEP Agreement LP033 -' Attachment A, Page 1 on
(1) Establishment of revenue generation system (rates, fees, and assessments) for recovery of
capital costs and operation/maintenance costs (submittal to the Department is required) -
(2) Establishment of requirements for connection to the wastewater management system -
(3) Certification of availability oflocal share of the complete wastewater management system
(submittal to the Department is required) -
(4) Procurement of services for the following:
(a) Preparation of plans and specifications for Key Largo Park-
(b) Preparation of designlbuild request for proposals for Key Largo Trailer Village -
(c) Utilities engineering -
(d) Legal -
(e) Financial -
(t) Administrative (record keeping and audit capability) -
(g) Construction bid evaluation and designlbuild proposal evaluation -
(5) Certification of availability of the treatment plant site, including injection well disposal
(submittal to the Department is required) -
(6) Preparation of design/build request for proposals for Key Largo Trailer Village -
(7) Preparation of plans and specifications for Key Largo Park (submittal to the Department is
required) -
(8) Receipt of solicited design/build proposals -
(9) Certification of receipt of bids (submittal to the Department is required) -
(10) Public notice and public participation in Project decisions (submittal to the Department is
required) -
(11) Justification for the proposed award of the design/build contract to the firm selected by the
Board, complete with certification of compliance with the evaluation/award procedures
described in the request for proposals -
(12) Bid tabulation and award recommendation for Key Largo Park construction (submittal to the
Department is required) -
(13) Certification of compliance with evaluation/award procedures prescribed in request for
proposals -
(14) Procurement of services for Construction Management-
(I5)Design/build contract award for Key Largo Trailer Village-
DEP Agreement LP033.J Attachment A. Page 2 of3
(16) Construction contract award for Key Largo Park -
(1 7) Initiate designlbuild activities for Key Largo Trailer Village -
(18) Initiate construction activities for Key Largo Park -
(19) Certification of availability of the all Key Largo Park wastewater collection/transmission
system sites, including easements and rights-of-way (submittal to the Department is
required) -
(20) Complete construction for Key Largo Park -
(21) Complete construction for Key Largo Trailer Village-
(22) Initial collection of fees, charges, and assessments -
(23) Solicit services of contract operator for wastewater management system -
(24) Operations contract award -
(25) Certification of treatment plant operability -
DEP Agreement LP033 -' Attachment A. Page 3 00
Charles Brooks
Key Largo Wastewater Treatment District Board Member Elect
Thirty-five Pigeon Drive
Key Largo FL 33037
305451-5271
fax 305 451-6399
e-mail cbrooks442@aol.com
Tuesday Nov. 122002
Tim McGarry
Monroe County
Director of Growth Management
e-mail McGarry--Tim@monroecounty.com
Tim
Attached are my suggestions/visions on agenda items for our first meeting. I hope you will match these, integrate with
suggestions from other members elect. The items are put in what I believe will be a positive progressive chronological
order. A lot may depend the County's presentation and what the board members may decide is a progressive chronological
order.
At this point with having so many unanswered questions it is difficult to determine where the starting line really should be.
I believe we have an enthusiastic and very co-operative support from the County and the FKAA to make this transition a
smooth and successful time. Given the circumstances I believe all want to make this a successful endeavor. I thank the
County and the FKAA for their efforts in helping us get started.
Thanks again, if you have any questions or suggestions please contact me.
Sincerely
Charles Brooks
WWTD Board Member Elect
CC:
Murray Nelson via boccdis5mail.state.f1.us
FKAA via kovide@fkaa.com
Page 1 of 4
Wastewater Board Proposed Agenda
November 1900002
Charles Brooks
WWTD Board Member
Elect
Swearing in Ceremonies
Board Members Opening Statements
Open discussion on procedure for nominations and elections of chairman vice chair & Sec/Trea.
Nominations and Elections of Chairman Vice Chair & Sec.lTrea.
Adoption Of Robert Rules of Order
Designate chairman to sign papers on behalf of the board
COUNTY TRANSITIONAL P ARTICIP A TION
Presentation by County staff on the County's level of transitional support (notice meetings recording staff and
eccentric).County to present to the board what they can legally and are willing to do in the transitional period.
Board members to have open discussion with the County regarding wastewater board's needs during
transitional period. Hopefully necessary County ~ersonnel staff, attorney would be present for this discussion.
It may require discussion at wastewater board 19t meeting and authorization on the BOCC 20th meeting.
Requiring at least one member ofthe WW board to make a presentational requests before the BOCC.
IMMEDIATE CASH FLOW
Discussion with the County staff present on the County funding a transitional period for administrative
wastewater board cost. The amount of funding, whether the funding is grant money or a loan. The timeline for
securing the funds into a wastewater district bank account. The legal and auditing requirements for acquiring
these funds and administering the funds for administrative costs. This item may also require, will most likely
require an interlocal agreement between Monroe County and the Wastewater District.if this requires a business
plan or some form of budget explain what type of business plan or budget is acceptable.
Discuss and have available whatever information that is gathered between the November 7th and the meeting
date of the 19th regarding available bank loans. If possible bank loan officers, present. So far Till and First
State Bank may be sources for immediate cash flow. In order to expedite this may require at least one board
member elect to make contact with the banks to explore bank loan possibilities.
LONG- TERM CASH FLOW
NON AD VALOREM ASSESSMENT -- -- get legal input on starting the process of a resolution establishing
a non ad valorem assessment for the wastewater district. Jan. 1 2003 is the deadline date for establishing an
assessment that will be available November 2003. However there is a possibility, the law states its deadline
may be extended to March 1 2003. Open discussion and get legal advice and professional guidance to bring
about a long term cash flow. Since we only have 30 days to get this process started for the 2003 tax year, ifthe
board decides to pursue the non ad valorem assessment route we must start this process immediately. Research
the statues that govern the non ad valorem assessment process. Will need to overcome or clarify the "must
receive service" in order to collect non ad valorem assessment. It should be considered the administration of
the wastewater district for Key Largo is a districtwide public purpose (a service) which is a benefit to all within
the district (a service that will eventually reduce nutrient loading from the near shore waters, a benefit to all.
We may have a speaker and a proposal on this issue.
Page 2 of 4
ALTERNATE LONG-TERM CASH FLOW
Board Discussion on Why Tax Referendum Failed
Open board discussion, what message does the board see in this referendum failing. It was brought to my
attention there is strong feeling among our constituents that an additional tax is not necessary to fund the
administration of the wastewater board. That the County has sufficient Key Largo tax dollars stored away in an
emergency fund that is well above the amount necessary for possible emergencies. I believe that people feel
this money can be put to better use providing Key Largo with the services of the wastewater board to bring
about cleaner near shore waters.
In that vein I believe it would be prudent for this board, to seek this is an avenue of revenue for administrative
costs until such time as the wastewater board becomes self-sufficient through the collection of wastewater
service fees. This process may take considerable amount oftime, beyond the federal and state deadline dates,
therefore the board should pursue this as a background endeavor while still pursuing the non ad valorem
assessment method or other sources.
ORGANIZATIONAL PREPLANNING
Open discussion between board members, given the conditions above on how to best to start acquiring the
necessary staff volunteer and or paid, perhaps a combination thereof to accomplish the goals that the federal and
state funding require us to meet. This of course will be governed by our availability of administrative funds.
Set up a preliminary process for screening and acquiring the necessary staff to function for whatever transitional
period The Wastewater Board decides is appropriate..
Discussion build consensus on what immediate staff is required to function as an independent board, lists staff
positions, job descriptions and salaries if applicable. Should staff be permanent or 90 day plus or minus intern
positions.
If on the onset of board decides to hire an administrator or consultant to map out a budget with staff planning
included, if enough time is available to find the right person or organization for the administrative planning it
maybe cost effective to go this route. Perhaps the board should explore the possibilities of
consultants/organizations helping us in the beginning. Perhaps the board should hear from some of these
consultants/organizations.
UPDATE ON FKAA TRANSITIONAL PROCESS
FKAA staff update the WWTD on transitional issues:
. Update on Key Largo Trailer Village RFP
. Update on Key Largo Park RFP
. Update on BOCCIFKAA interlocal agreement (distribute copies of FKAA /BOCC interlocal agreements
to WWTD members)
. Update on Financial/Funding Issues -- -- discussion and distribution of documents between BOCC
FKAA concerning the County funding the transitional period between FKAA/WWTD. Inquire about
the BOCC transferring funds from the County to the FKAA regarding the two Key Largo transitional
projects. Inquire from the FKAA in what proportions in the past, present and future has the County
reimbursed or is reimbursing the FKAA on Key Largo projects. Inquire of the FKAA how
administrative salaries for the wastewater side of the FKAA are classified, administrative or project
related? Hopefully we may get some open candid discussion on the funding issues. Perhaps this
discussion will show that the WWTD is on the same parallel course that the FKAA has been pursuing
Page 3 of 4
for several years, that the funding of administrative services for wastewater serves a public purpose and
meets the legal criteria for the County to support wastewater initiatives until such time as those
initiatives become self-reliant (generating their own source of revenue).
. FKAA's case before the state Supreme Court regarding aqueducts authority/power to levy charges
a~ainst property owners. What is the status of this case and how yOU see if this case will affect or not
affect the WWTD? Contact FKAA and !let backf!Yound on this before the meeting
UPDATE ON FEDERAL AND STATE FUNDING
Have knowledgeable people on the state and federal funding present the dollars that are available, the projects
they are available for, the restrictions or covenants required to receive funding and the timeline/deadlines to
receive the money. Also cover and explain to the WWTD the federal state and local matches required.
PERIPHERAL REPRESENTATIONS
Requests seat on Intergovernmental Task Force
Requests seat on Florida Keys National Marine Sanctuary Steering Committee
Seek information about Association of Independent Special Districts
ADOPTION OF RULES AND FEES
Discuss the rulemaking process using Stat. 120 -- does FKAA transitional agreement involved the FKAA
passing on a draft rules document for adoption by the WWTD? Is there a emergency clause in 120 that allows
the WWTD . to institute rules and fees on in term basis. .
FUTURE WWTD MEETINGS
Schedule future meetings most particularly the next one and build method for developing agendas
MISCELLANEOUS ADD-ON ITEMS
WWTD BYLAWS -- start the drafting process
Immediate Physical Items Needed to Administer WWTD (list)
. Physical Location (Office Space)
. Office & Communication Equipment
REFERENCE ITEMS
WWTD enabling legislation 471
BOCC/FKAA interlocal agreements
Monroe County Master Wastewater Plan
County Staff Update Report on the Wastewater Issues
BOCC resolutions concerning WWTD
FKAA resolutions concerning WWTD
Peripheral agencies' documents concerning WWTD
News Articles concerning WWTD
Relevant RFP's
Relevan(Florida Statutes and Regulations
Adjourn
Page 4 of 4
Proposed First Agenda (By Tobin)
1. Elect Officers.
2. Discuss and adopt temporary governing Rules
3. Discuss and appoint Records Custodians;
4. Discuss status of Key Largo project, timetables and deadlines, and how to move forward
with the project.
<<< Presentation by Others >>>
5. Discuss and adopt resolution setting regular dates for public meetings and workshops
for the next three months. (Le., Board will meet every Monday @ 5 pm).
6. Discuss and adopt resolution or advertise intent to schedule public hearings to use
uniform collection method for special assessments
7. Discuss and adopt resolution or advertise intent to schedule public hearing to request
property appraiser and tax collector to extend deadline from Jan. 1 to March 1,
2003 in order to include any special assessment adopted by the board in trimm
and tax notices for 2003.
8. Discuss and adopt resolution or advertise intent to schedule public hearings to enact
special assessments.
9. Discuss and adopt resolution or advertise intent to schedule public hearing for RFQ for
engineer.
10. Discuss and adopt resolution or advertise intent to schedule public hearing to employ
Lewis Longman and Walker, Attorneys
11. Discuss and appointment Board members as liaison with a) FKAA; b) Monroe County; c)
DEP; c) Army Corps; d) SFWMD; etc.
12. Discuss and appoint committee members to the following: a) Office and Staffing
Committee; b) Budget Committee; c) Revenue Committee; d) Technical
Evaluation Committee;
13. Discuss and adopt resolution to have Terranova.net host website and email services,
(Le., KLWW.org)
Jerry Wilkinson
38 East Beach Road
Tavernier, FL 33070
November 10, 2002
Mr. Timothy McGarry
27980SH
Marathon, FL 33050
Tim:
Thanks for the email. I see time allocation as a problem if all these specialists are to give any
kind of comprehensive briefing. I assume this is posturing as everyone can come per diem for the BOCC
meeting a few hours later. For any effective briefing I would envision at least four hours for each with a
well prepared packet of printed material, otherwise we will be more confused when we are finished than
we are now. Items in italics are my comments.
The following are a few of the elements that I envision that must be accomplished within a rather
short period of time. The order and significance will change with the availability of funds. Please note
these are generally the administrative functions. The technical wastewater agenda will have to be
merged in as it becomes available. These suggestions will have to be merged/modified with the inputs of
the other four members. I will suggest the Board maintain a current "Things to Do" objectives list.
During the entire legislative process, an Economic Impact Study (EIS) accompanied HB 471
estimating the start-up costs to $720,000 for the year one and $600,000 for year two. The basis for the
EIS came from Mr. Garrett, but was adopted as the EIS. I generally concur with the EIS if the District
projects come in on time, and for planning purposes, we must assume they will. If there are no projects,
the District will have a fund balance.
At the moment, I see four routes to proceed as Mr. Sorensen suggests: (1) The county
grants/loans the District $720,000 with $100,000 almost immediately; (2) The district sues the county
for the $1,320,000 (2 years) for the failed ad valorem referendum; (3) The governor/legislature extends
the March 1 date to 2005 and the District raises $300,000 for 2003 and $700,000 for 2004; (4) The
District out-sources the total set-up, funding and management until funds are arranged.
I believe the very minimum of items 1. through 3.h. below be placed on this agenda for the
agenda of the following KL WB meeting. (Suggest Mr. Roberts review the library schedule before the
meeting.)
TIME APPROXIMATE SPECIAL MEETING
6:00 P.M. CALL TO ORDER (Who?)
INVOCATION
SALUTE TO FLAG
NOTES
A.
INAUGUATION OF THE KEY LARGO WASTEWATER BOARD
1. Administration of Oath.
2. Election of Officers and passing of the gavel. (You may want to adjourn and reconvene
as the KL WB after the break).
ADJOURNMENT
BREAK
CALL TO ORDER
INTRODUCTIONS BY THE CHAIRMAN
1. Approval of a resolution electing officers. (This makes the election legal.)
2. Approval of a resolution for authorizing signing official documents.
6:30 P.M.
A.
1
[From this point on should be the prioritizing of agenda items for subsequent KL WE
meetings. It has no staff; therefore the Board must act as the staff and prepare, approve and
execute all required actions following all Florida legal procedures. The items below are not
necessarily in order of significance and execution, and serves only as menu.]
3. Approval and prioritizing KLWTD subject issues for the next and/or subsequent
KLWB meeting(s) agenda(s) applicable organizational business/issues to include but not
limited to consideration of:
a. Approval of a letter of introduction to the governor of Florida of its election,
election of officers, willingness to proceed; however, awaiting a funding process.
b. A joint session with Monroe County for a quick and significant
grant/loan/transfer for District start-up expenses. (Possibly November 20/21,
2002 should time allow, but it must be noticed.)
c. Discussion of a schedule and noticing for regular meeting dates, times and
locations.
d. Discussion of a letter of introduction to the Association of Independent Special
Districts and a request from it a conceptual management plan to include a
workshop in Key Largo.
e. Discussion of an interim process for input of agenda items and noticing thereof.
f. General discussion of accomplishing the March 1, 2003 deadline for Budget
Line Item 1765 - Key Largo (Key Largo Park collection system).
g. Discussion of a resolution to Rep. Sorensen, Florida Speaker of the House,
Florida President of the Senate and Governor requesting extension to the March 1
deadline for Budget Line Item 1765A - Key Largo. Marathon and Islamorada
were already formed and have had almost a year to get where we are not.
h. Discussion of time and location management/allocations for meetings and
workshops, then establish the date, time, place and agenda for the next meeting
with approval and coordination of the county. (This is a must!)
i. Discussion of method of internal tasking of Board members considering FS 286
and goals until staff is available.
j. Discussion to adopt Roberts Rules of Order now or later.
k. Discussion of a resolution to Rep. Sorensen requesting release from FS 120.54
rules and fees because of small size of the district and the financial burden.
1. Discussion of approval of local newspapers of general circulation for notice
purposes in accordance with FS 189.417 publication of meetings.
m. Discussion of establishing a physical office and lor P.O. Box for
administrative needs.
n. Discussion of in-house financial issues to include but not limited to:
(1) Discussion for administration and operation funds for District
functions
(2) Establishing and approval of a budget.
(3) Discussion of a volunteer interim accountant.
(4) Establishing a general funds bank account.
(5) Discussion of the method ofre-imbursement of out-of-pocket expenses
- F.S. 112
(6) Discussion of a method of presenting bills, receipts and signing of
KL WB checks.
o. Discussion of requesting a Certification to Total Value from the Monroe
County Property Appraiser.
2
p. Discussion of scheduling and noticing a comprehensive workshop with Monroe
County to include a printed packet of necessary materials.
q. Discussion of scheduling and noticing a workshop with FKAA to include a
printed packet of necessary materials including copies of all previous related Key
Largo actions, status of Key Largo Park collection system and discuss a draft
copy of the KL TV RFP.
r. Discussion of scheduling and noticing a workshop with SFWMD to include a
printed packet of necessary materials for a newly formed independent special
district of the state of Florida with tasks prescribed by ch. 2002-337, LOF.
s. Discussion of scheduling and noticing a workshop with FDEP to include a
printed packet of necessary materials for a newly formed independent special
district with tasks prescribed by ch. 2002-337, LOF.
t. Discussion of scheduling and noticing a workshop with FDCA to include a
printed packet of necessary materials for a newly formed independent special
district with tasks prescribed by ch. 2002-337, LOF.
u. Discussion of scheduling and noticing a workshop with the governor's staff to
include a printed packet of necessary materials for a newly formed independent
special district with tasks prescribed by ch. 2002-337, LOF.
v. Discussion of scheduling and noticing a workshop with the Florida Association
of Independents Special Districts to include a printed packet of necessary
materials for a newly formed independent special district with tasks prescribed by
ch. 2002-337, LOF.
w. Discussion of a schedule, a trainer and notice a workshop for training in
Government in the Sunshine, F.S. 119 and 286.
x. Discussion of scheduling and noticing a workshop with the Village of
Islamorada for related wastewater activities.
y. Discussion of scheduling and noticing a workshop with Ocean Reef for
possible sharing wastewater management resources.
z. Development, maintain and publish a "Things to Do" list.
aa. Request from FKAA the past three years of monthly billed water usage data
for the District with Key Largo Trailer Village and Key Largo Park usage broken
out separately.
bb. Discussion for administration and operation funds for District functions to
include a printed packet of necessary materials for a newly formed independent
special district with tasks prescribed by ch. 2002-337, LOF.
cc. Discussion of the appointing of a registered Agent as soon as possible.
dd. Establish the date, time and place for the next meeting and noticing thereof.
ee. Write bylaws or operating procedures for the KLWTD.
ff. Began the process of write job descriptions for the KL WTD.
B. PUBLIC INPUT
ADJOURNMENT
3
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