Item K03BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:November 17, 2015Department:_Planning & Environmental Resources
Bulk Item: Yes X No Staff Contact Person/Phone #:Mayté Santamaria 289-2562
AGENDA ITEM WORDING:
Approvalof the 2015Monroe County Area of Critical State Concern
(ACSC) Annual Work ProgramReport, pursuant to Rule 28-20.140, F.A.C., which will be sentto the
Department ofEconomic Opportunity(DEO).
ITEM BACKGROUND:
Attached is the Monroe County ACSC Annual Work ProgramProgress Report,
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pursuant to Rule 28-20.140, F.A.C. The Report (see attached matrix) includes Monroe County comments (4and
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5column) related to progress that has been made over the past year toward the tasks in the Work Program.
The State Land Planning Agency or DEO (formerly the Department of Community Affairs)will use the
information provided byMonroe County to develop its Area of Critical State Concern Annual Reportto the
Administration Commission(Governor and Cabinet),pursuant to Section 380.0552(4), F.S., and Rule 28-
20.140(3)(a), F.A.C. This report is reviewed by the Administration Commission to evaluate the progress each
governmental entityhas made toward achieving the work program task objectivesand to determine whether to
recommend a decrease in annual allocations for housing units.
In summary, Rule 28-20.140, F.A.C., includes a Work Program for Monroe County with 52tasks to complete
(between 2011 until 2015) under four major topics: 1. Carrying Capacity Study Implementation; 2. Wastewater
Implementation; 3. Wastewater Project Implementation and 4. Stormwater Treatment Facilities.The County has
achieved 38of the Work Program tasks. The attached Report (matrix provided by theState to the County)
includes 13incomplete but in progress tasks, including one (1)remainingWork Program taskto complete by
December 2015, as follows:
Incomplete but in progress:
One(1) IncompleteCarrying CapacityTask/requesting Rule revision:policy to adoptTier Maps into the
Comprehensive Plan(Rule task (5)(a)1).
County requested Rule amendment to eliminate this requirement on August 22, 2013 and
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February 20, 2014 (see attached letters).
Four (4)Incomplete Carrying Capacity Tasks:policiesto establish objectives to develop a build-out
horizon and adopt Tier Maps into the Comprehensive Plan(Rule tasks (5)(a)3 & 4)andcreate policies to
update habitat data and establish a regular schedule for continued updates to Tier Maps to coincide with
evaluation and appraisal report timelines & to establish the Tier Designation Work Group Review
Committee(Rule tasks (5)(a) 5 & 6).
The County has created Goal 106 and associated Objective/Policies in its EAR-based CompPlan
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amendments (2030 ComprehensivePlan). These amendments were transmitted to the State Land
Planning Agency on January 14, 2015. The State Land Planning Agency issued an Objections,
Recommendations on April 28, 2015 and Comments Report and there were no objections to the
proposed Goal 106 associated Objective/Policies. Adoption is anticipated for early spring 2016.
Three(3)Incomplete Wastewater Tasks:complete all remaining connections to Key Largo Regional
WWTP; Hawk’s Cay WWTP; and South Lower Keys WWTP(Rule tasks (5)(c)1.h.; 2.f. &3.b.).
Key Largo Regional WWTP-92 % connected
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Hawk’s Cay WWTP –100% Conch/Coral Keys, 100% Hawk’s Cay and 94% Duck Key
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South Lower Keys WWTP (Big Coppitt) –83% connected
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Four (4)Incomplete Wastewater for CudjoeRegional WWTP:complete construction of Wastewater
Treatment Facility, Central Area Collection System and Central Area Transmission Main ((Rule tasks
(5)(c)4.c., e.,f., and g.).
Facility complete
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Construction continues on the remainder of the collection and transmission system in the inner
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(central) island area.
Remaining –Deadline December 1, 2015:
One (1) future/upcoming Wastewater Tasks: complete hook-ups to Cudjoe Regional WWTP (Rule tasks
(5)(c)4.h.).
Legal challenges resolved in late October 2015 and notices of service availability were mailed to
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1,100 Cudjoe Key properties on October 15, 2015, by FKAA.
Related to completingWork Program-funding:
Support continuation and expansion of the current Mayfield authorization, whereby the State agreed to partner
with the Florida Keys to provide $200 Million ($100M has been appropriated and $100M remains in the
authorization) to partially finance or refinance the cost of constructing sewage collection, treatment, and
disposal facilities.
Representative Holly Raschein submitted for the 2016 legislative session the “Florida Keys Stewardship Act”
(HB 447) to establish specific appropriations to the Florida Keys for water quality and land acquisition needs
that will, if passed, encompass and expand upon the balance of the Mayfield authorization.Draft legislation
includes:
10-year annual allocation of $20M to help address water quality issues including wastewater treatment
implementation, stormwater implementation and restoration of poor water quality canals (to be matched by
local effort)
10 year annual allocation of $5M in Florida Forever funding to help address the acquisition of vacant
parcels for the purposes of protecting critical habitat, public safety and property rights (to be matched by
local effort)
For FY 2016, the BOCC committed $10M ($6M from Local Option Sales Surtax proceedsand $4M from Land
Authority Reserves) for land acquisition and match for Florida Forever.
Contributorsto the status reportinclude: Planning & Environmental Resources Department,Code Compliance
Department,Public Works & Engineering Department, Key Largo Wastewater Treatment District, and the
Monroe County Land Authority.Also attached are reports from the Monroe County LandAuthority that are
required annually.
PREVIOUS RELEVANT BOCC ACTION:
On July 17, 2013, the BOCCdirectedstaff to write a letter to the Administration Commission to request that Rule 28-20.140,
F.A.C.,be amended to remove the requirement to adopt the Tier Overlay Zoning Maps into the Comprehensive Plan.
On February 19, 2014, the BOCC directed staff to write a letter to the Department of Economic Opportunity to request that
Rule 28-20.140, F.A.C., be amended to require the adoption the Tier Overlay Zoning Maps into the Comprehensive Plan
upon requesting theremoval of the designation.
On September 17, 2014, the BOCC approved the 2014 Monroe County Area of Critical State (ACSC) Annual Work Program
Report, pursuant to Rule 28-20.140, F.A.C., which was submitted to the Department of Economic Opportunity.
CONTRACT/AGREEMENT CHANGES
:n/a
STAFF RECOMMENDATIONS:Approval
TOTAL COST:INDIRECT COST: ______________BUDGETED:
n/aYes __No ____
DIFFERENTIALOF LOCAL PREFERENCE: ____________________________________________
COST TO COUNTY:SOURCE OF FUNDS:
____________________
REVENUE PRODUCING:AMOUNT PER MONTHYear ______
Yes No x__
APPROVED BY:
County Atty OMB/Purchasing Risk Management ____
DOCUMENTATION:
Included xNot Required______
DISPOSITION:AGENDA ITEM #