Item M10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wednesday, Sept. 19,2001
Division:
BOCC
Bulk Item: Yes
No XX
;.;~
.P
Department: Comm. Nora Williams
AGENDA ITEM WORDING: Discussion of whether or not the County wishes to change its policy
regarding the Key Largo Wastewater District.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No XX
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
tJ<R--c:J{!~~
I (Nora WIlhams, CommIssIOner)
DOCUMENTATION:
Included:i:- To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # ;I-/?7)j
Revised 2/27/01
To: My Fellow Commissioners
From: Nora Williams
Background material.for discussion on whether the BOCC should change its position on
the exclusion of a segment of north Key Largo from the sewer district
~:
.'
Important Considerations regarding whether of not to include the
area of Key Largo north of the 18 Mile Stretch on County Road
905 and South of the community of Ocean Reef in our bill
language for Representative Sorenson:
There were primarily three reasons why the County Commission elected not to include
that area when we create a sewer district for Key Largo: '
1) The moratorium issues explained in my recent materials provided to you with regards
to the proposed Comp Plan Rule Change. This area is Key Largo's only "Cold Spot"
that is not currently designated to receive treatment when the centralized system is in
place. As such, it is the only area not subject to interim standards - meaning that it
will likely be the only area from which nutrient credits (credits from replacing older
onsite wastewater systems with ones that meet the current standards), which are
required for the issuance of building permits, will be released. While nutrient credits
for affordable housing will be able to come from other ROGO areas under the
proposed rule change, they will not for market rate housing. This area needs to remain
outside the sewer district as a "Cold Spot" if we wish to continue to issue market rate
building permits in the Key Largo area.
2) There is a reason none of the bids for the Key Largo RFP included this area: while,
for most areas, adding them reduces everyone's cost by spreading operation and
maintenance costs over a greater number of users, this did not seem to be true for this
area because of the very high cost of running line up through this lengthy and fairly
scarcely populated area. In other words, adding this area to the areas of Key Largo
destined to be treated by the centralized sewage system RAISED the prices of
everyone in the system.
3) Environmental Concerns: The "north Key Largo" area is a area that is a fragile
ecosystem, consisting of a great number of protected parcels of land - and still more
that the state and the feds are working to acquire and protect. Putting infrastructure
that would make construction easier in those areas has always caused a great deal of
concern among the environmental community.
Additional Points for consideration:
. The up side of including the area is that those people who lived in the area would
have a lower cost than if they had onsite system replacement. HOWEVER, the
$3.8 million in EP A grant funds that the FKAA is scheduled to receive soon will
go a long way towanl;-)naking their onsite system upgrades vastly more affordable
AND they intend to put in place a management program for these systems to
further lower long term costs. Additionally, it is planned that those systems,
where possible, will be clustered, so that a number of homes will each have their
own system, rather than more costly individual systems.
. Last but not least, the BOCC has been very successful with its onsite system
replacement program precisely because we have (1) had grant funds available and
(2) been true to our pledge that there would not be two hook-up charges - i.e. that
"cold spot" areas would not later be hooked up to central sewer. This area has
been treated in good faith as a "cold spot" because of the decision of the BOCC
not to include it in the sewer district.
It is the recommendation of Growth Management Staff, and I, as your Land Use Liaison,
heartily concur, that the BOCC should not change its position on the exclusion of this
area. We should request a change of language in our bill before Representative Sorenson.
This material has been seen and approved by staff.
SEP-24-01 16,39 FROM,MONROE COUNTY ATTY OFFICE ID,3052923516
PAGE
1/1
Office of the CoUf'\ty Attorney
PO Box 1026
Key West, FL 33041-1026
30!5/292~3470 - Phone
305/292-3516 - Fnx
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O~~d"'2~E
(:lDS12IM.-,
BOAAQ OF COUNTY t:OMMISsIOM;RS
~r George Neugen1', District 2 .
~ Pro Tem Nora Williams, I)istri<;t 4
Comrni$Sionu Charles Mc(;qy,l)istri<;t 3
Commissioner Murray Nelson, bistrict 5
, Commissioner Dixie Spc:.har, District 1
.
HEHQRAf'lQYM
VIA FAX
DATE:
September 21, 2001
TO:
Murray Nelson
County Commissioner
FROM:
Jim Hendrick ,/1 /YL
County Attorneyv r' {/ -
Item M-10 - BOCC meeting of September 19,2001
RE:
~~~~~_~~hhh~~_~~_hhhhhhhh~~
Robert's Rules. of Order (by that reference, I do not mean J. "Frog" Roberts' rules, but Robert's
Rules Of Order. Newly Revised, 1990 Edition) distinguishes two types of Motions.
(1) The Motion to Reconsider (also commtmly referred to as a motion for rehearing) "has the
following uniau~ characteristics: (a) It can be made only by a member who voted with the
prevailing side.***This requiremenL.is a protection against its dilatory use by a defeated
minority..." (b) "___In a session of one day...the motion to Reconsider can be made only on the
same day the vote to be reconsidered was taken. I' Robert's Rules, Sec. 36
(2) The motions to Rescind and to Amend Something Previously Adopted; "In contrast to the
case of the motion to Reconsider, there is no time limit on making these motions after the
adoption of the measure to which they are applied, and they can be moved by any member,
regardless of how he voted on the original question."
Robert's Rules, Sec.34
I trust that the c;lbove answers your question.
cc: BOCC
Jim Robc.rts
Danny Ke,lhage