Item O11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MU 20, 2015 Division: County Attorney
Bulk Item: Yes X No Department:
Staff Contact Person: Cynthia L. Hall 295-3174
AGENDA ITEM WORDING: Approval to intervene in the case of Laudicina et al. v. Florida Keys Aqueduct
Authority and Dept of Environmental Protection, Florida DOAH Case No. 15-1233.
ITEM BACKGROUND: Individuals Mike Laudicina and Don DeMaria (Individuals), and the Cudjoe
Gardens Property Owners Association, Inc. and Sugarloaf Shores Property Owners Associations, Inc.
(Associations) (collectively, Petitioners) filed petitions with the State of Florida, Dep't of Environmental
Protection on July 25, 2014, asking that the permit granted to FKAA for construction and operation of the
Cudjoe Regional Wastewater System treatment plant be (a) denied or (b) modified to limit the use of shallow
wells and require construction of a 2,000' deep well. The petition was transferred to the State of Florida,
Division of Administrative Hearings (DOAH) in March 2015.
Notwithstanding the BOCC's recent approval of $7.1 million to pay for design and construction of the deep
well, the Petitioners have advised that they intend to go forward with the DOAH proceeding. Under F.A.C.
Rule 28-106.205, any party whose substantial interest will be affected the proceeding and who desires to
become a party may file a motion for leave to intervene.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: est'd $500 INDIRECT COST: staff time BUDGETED: Yes No
COST TO COUNTY: unknown SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
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DOCUMENTATION: Included X Not Required
DISPOSITION• AGENDA ITEM #