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Item I1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 21 September 2005 Bulk Item: Yes X No Division: Growth Management Department: Marine Resources Staff Contact: George Garrett! Matt Van Ess AGENDA ITEM WORDING: Approval of a Resolution authorizing the Land Steward to carry out the mitigation obligations of the Key Largo Wastewater Treatment District for the clearing of its treatment plant site and to provide the mitigation funds authorized to the District in the amount of $294,708.08 by the BOCC at the August 18, 2004 meeting to the Land Steward to allow him to complete required mitigation projects for the District. ITEM BACKGROUND: The Key Largo Wastewater Treatment District, in receipt of FEMA Unmet Needs funds, was allowed to clear up to 2.6 acres of land at its treatment plant site at Mile Marker 100.5. The U.S. Fish and Wildlife Service (FWS) Biological Opinion documented in the FEMA Environmental Assessment of the Key Largo Wastewater Treatment System required mitigation for the loss of the 2.6 acres of habitat. The BOCC at its August 18,2004, regular meeting authorized the release of $294,708.08 of Fund 304 money to the District to carry out the mitigation obligations required by FEMA and FWS. Since that time, in consultation with the County, FEMA, and FWS, it has been detennined that the most effective way to complete the mitigation effort is to authorize the Monroe County Land Steward to complete the project. The attached resolution allows the funds authorized by the BOCC in August of 2004 to be utilized instead by the Land Steward to complete the obligation. The Land Steward will use the funds to restore 2.6 acres of upland habitat on County and/or state properties. PREVIOUS RELEVANT BOCC ACTION: August 18, 2004 ~ Authorization of funds CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS; Approval TOT AL COST: $294,708.08 COST TO COUNTY: $294,708.08 REVENUE PRODUCING: Yes BUDGETED: Yes SOURCE OF FUNDS: X No Fund 304 APPROVED BY: County Atty ~ No X AM~'. TTPer Month - /'! OM P rch : / I } X Risk Managem . Year DIVISION DIRECTOR APPROVAL: ir etm of Growth Man I DOCUMENTATION: Included ~ DISPOSITION: AGENDA ITEM NO.: BC050930.doc 9/2/2005 1 :05:00 PM Marine Resources RESOLUTION NO. 2005 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE MONROE COUNTY LAND STEWARD TO TAKE OVER AND COMPLETE THE MITIGATION OBLIGATIONS OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT FOR THE AUTHORIZED CLEARING OF THE DISTRICT'S TREATMENT PLANT SITE AT MILE MARKER 100.5 AND AUTHORIZING THE LAND STE\VARD TO UTILIZE FUNDS MADE AVAILABLE TO THE DISTRICT BY THE Boce ON 18 AUGUST 2004 AT ITS REGULAR MEETING SO THAT FUNDS ARE AVAILABLE TO THE LAND STEWARD TO COMPLETE THE MITIGATION EFFORT. WHEREAS, the Key Largo Wastewater Treatment District, in receipt of FEMA Unmet Needs funds, was allowed to clear up to 2.6 acres of land at its treatment plant site at Mile Marker 100.5; and WHEREAS, the U.S. Fish and Wildlife Service (FWS) Biological Opinion documented in the FEMA Environmental Assessment of the Key Largo wastewater project required mitigation for the loss of the 2.6 acres of habitat at the treatmept plant site; and WHEREAS, the BOCC at its August 18, 2004 regular meeting authorized $294,708.08 of Fund 304 (Infrastructure Sales Tax) money to the District to carry out the mitigation obligations required by FEMA and FWS; and WHEREAS, the Monroe County Land Steward is more knowledgeable and better qualified to earry out the mitigation obligations of the Key Largo Wastewater Treatment District; and WHEREAS, the BOCC established the County "Environmental Land Management and Restoration Fund" through Resolution 112-2004 to hold mitigation funds as they become available so as to allow completion of environmental restoration and mitigation projects; and WHEREAS, the Key Largo Wastewater Treatment District, FEMA, and the FWS agree that turning the mitigation obligations over to the Land Steward is acceptable and appropriate, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA TIlAT: 1. The Monroe County Land Steward is authorized to act on behalf of the Key Largo Wastewater Treatment District to take over and complete the mitigation obligations ofthe District for land clearing at the Mile Marker 100.5 treatment plant site. BC050931 A Rcsol KLWTD~LandSteward - for merge.doe 9!2/2005 3:31 :00 P1v1 Marine Resources 2. The Monroe County Land Steward is authorized to ~tilize funds made available to the District by the BOCC at its August 18, 2004 meeting ($294,708.08) to complete the mitigations obligations. 3. The Monroe County Department of Management ~nd Budget is requested to take necessary action to ensure that the aforementioned funds are available to the Monroe County Land Steward by no later than the October 2005 BOCC meeting. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 2] 51 day of S~ptember , A.D., 2005. Mayor Dixie Spehar Mayor Pro Tern Charles ~'Sonny" McCoy Commissioner George Neugent Commissioner David Rice Commissioner Murray Nelson BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA BY: MA YOR/CHAIR PERSON (SEAL) ATTEST: DANNY 1. KOLHAGE, CLERK BY: AND APPROVED AS TO FORM DEPUTY CLERK LEGAL SUFFICIENCY (J .~.~ II /p: f) ~ BY. "V~jj~.< f. ". 'A /i. (f 4 ATTOR}JEY'S OFFICE BC05093 lA Reml KLW'fD-LandSteward . kll" merge.doc 9/2/2005 3:31 iOO PM