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Item K10 BOARD OF COUNTY COMMISSIONERS AGF.NDA ITEM SlWMARY M~eting Date: Jan. ]6-17. ?OO? .. Division: Boer. Bulk Item: No x Department: District Five AGENDA ITEM WORDING: Discussion of a partial payment to the FKAA for the preparation of the Key Largo wastewater bid. ITEM BACKGROUND: The FKAA has spent over $450[000 on the bid for the Key Largo wastewater project. At the December 2001 BOCC meeting[ it was discussed how Monroe County could make a partial payment. This would result in a good faith action and would create a willing partner with the FKAA to facilitate the savings of approximately 10.2 million dollars in FEMA unmet needs funds. (see attached) PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Attorney OMB/Purchasing Risk Mgt. DIVISION DIRECTOR APPROVAL, %~A'Z' Ef. NF.['==::: DOCUMENTATION: Included: x To Follow: Not Required: DISPOSITION: AGF.NDA TTF.M :/:/: / -1'/L:J lL/1L/~~Ol l~:~~ ..-. . ,3U..tUJ..J,L J'" ~ RBpty 1rI: ComIl'liUen: Local Gow't & Veler:lns Mairs (Chal() GelWnl Governmenf AppnlpTWont. NalUr.JJ ~ & Enwiro. P\~l Co..ud for Sm:ad6t Goven>mr:nl Sollie( Commilllte on Sec:urty o 90311 ~/1lghway.SI~A Post Olfrge eox 899 ! T41venllor, R. 33070 ; (305) 853-1!K7 l o 5Z:) AnglIIa SIre<< I<8y \HOSt City Hall Key Waf. A. 33040 (30:5) 2.93-1858 a "7 House omClD Bulk::inf} 402 SouIl Monroe S1reeI T~.R.32"1300 : (MO) 488-9965 ! e-mail: sore~IlI\.~IegS;;!e.a.U$ t ! FI~rida House of Representatives ; Ken Sorensen, Ph.D. State Representative, District 120 Summary of 12/11/01 Meeting ; I ! AUendee$: .! Rep. Ken Sorensen, District 120 .1comm. Murray Nelson,. Legislative Uaison \ John Koenig, Chair, FKAA ! Roger Braun, FKAA . Bob Feldman, FKAA \ Tommy Stevens i , i This meeting was calkld by FKM to discuss legis~ive issues in Monroe County. Rep. Sorensen said that wa ~tewater issues were inherent to the legislative issues and added that to the agenda. I . ! ISSUES: :i 1. Rep. Sorensen! ~ conoem fur possible loss of approximately $10 million in federal funding and a ri1ethod to secure those funds for the taxpayers of Monroe County as indicated be'pW, 2. Pass-through a!;~encies for federal and s~e funding. 3. There is federa! ltunding from FEMA (Federal Emergency Management Agency) for unmet needs from :~urricane Georges and Mitch in the amount of $6.4 minion. This funding is to be used r'i)r "hot spots" in Key Largo. The local match requirements are 12.5% match from the.~ and 12.5% from the county. i /~;J ~ 4. Additional fun~.\from EEMA. in the amount of $3.8 million is designated to be used for cold spots in tJ'le Keys. The local match requirements on this funding is 25% from the County. c> ;{' \ 19 /> P ~ c.A--V r ....., ....., .....".... i 5. The reques1 of the BOCC to Rep. Sorensen ttlat legislation be filed to create an independent sewer br.:~rd in Key Largo. i . 6. The request of 'jhe FKAA (Florida Keys Aqueduct Authority) to be removed as the primary wastewater u~ility in unincorporated Monroe County and the repayment of a debt incurred by an e~,r1ier BOCC. FKAA cannot make further financial commitments. ! I i DISCUSSIONS: ! Rep. Sorensen sugge~ that Commissioner Murray Nelson bring the following I solutions/recommend;itions to the Monroe County Board of County Commissioners (BOCC) for discussi6!"i and approval: ; I 1. Nels(:~ will SlIPport the repayment of a debt to the FKAA from a prior BOC'~ and also support the RFP for Key Largo be done by the FKAA in ref,:~rern::e to the $6.4 million. If successful. the funding or project can b~ passed to a new sewer board. This can prevent loss of the $6.4, :niOion in funding. ; f5'0A- 2. CorrirhisSioner Nelson will make a request to#EMA that the $3.8 milJic.~ funds omently set aside fOI'DcoId spots" be used for -hot spots-, and l!Sed in the Lower Keys. ~ Rep. Sorensen wm: ,\ j 1. c;hntinue to seek current legislation for independent sewer board in K$y Largo through legislative process. : 2. R~. SOrensen agrees to consider sponsoring legislation that would allsist FKM's request to be removed as wastewater authority in Mbnroe County. That action will occur after FKAA's consultation ,,~th BOCC and appropriate state agencieS. That authority. if . ateeci to by the BOCC, can revert either to the BOCC or, possibly, ttr _ SFWMD. i 3. R'~p. Sorensen will use his resources in Tallahassee to request a.:1ditional funding from the state for wastewater projects in the K(F' 4. R~~p. Sorensen will discuss with state agency heads from DOH, D~!;A, DE? and the SFWMO (South Florida Water Management b;~trict) and the Governor, the possibility of using SFWMD as the 1'l3n-federal partner to receive grant funding through, rather than tJ\e Army Corps of Engineers. e It ,() if=-/'3 I , ~t-.. Executive Office FLORIDA KEYS AQUEDUCT AUTHORIT 1100 Kennedy Drive Post Office Box 1239 Key West, Florida 33041-1239 Telephone Number (305) 296-2454 Facsimile Number (305 296-3521 TELECOPYTRANSMITTAL TO: Firm: ,Attention: Murrav Nelson Reference: Revised Date: Decemher /3. 200/ Telecopy Number Transmitted To: 305852-7162 FROM: Roger Number of pages telecopiedNOT including this cover sheet Two COMMENTS: Florida Keys Aqueduct Authority .-.,;~jiR~~~;' .-",",,~~:' . . i.~';~"-~;r"*~'~;.. - f .~..r'" '~!:." c1tJjf'~'-' ~'-, - . , December 13,2001 OFFlCIAL MEMORANDUM TO: FROM: COPY: SUBJECT: The Honorable Ken Sorenson Florida State Representative, District 120 ltoger Braun, Executive Di",ctor ~ Laura Todd, Administrative Aide, Dist. 120 County Commissioner Nelson~ District 5 Jolm Koenig, Sr., Chm. FKAA Board Robert Feldman, General COlUlsel, FKAA Response to the Draft Smnmary of 12/11/01 Meeting JOlin M, K.oenig, Sr, Chairman Key West Albert O. Appell Vice-Chairman Duck Key Mary L. Rice Secretory. Treasurer Marathon Linda B. Wheeler Key West Harry 1::. Cronin Key Largo Roger Braun Executive Director Per your draft summary for review reference the above subj eet, I have separated the FKAA response into a "tedmical" section and a "programmatic" section. Technical Section: Under "ISSUES". Item 4. Change "FEMA" to "EPA". Under "DISCUSSIONS", Item 2. (Nelson). Change ''FEMA'' to "EP A". Item 4. (Sorenson). End sentence ....to receive grant funding. Delete: .............tbrougb. rather than the Army Corps of Engineers. Comment: the Corps is the "federal partner" and the sentence is referring to the "non-federal partner:' Pro~rammatic Section: Under "ISSUES'. Item 3. Key Largo FEMA funding: Federal State Subtotal Local Total $5,485,714 (75%) $ 914.286 (12.5%) $6,400,000 (87.5%) ,,$ 914,28602.5%) ':$7,314,286 (100%) Item 3. "1bis funding is to be used for Hot Spots in Key Largo." Comment: DCA/FEMA has declared this fimding for a central sewer system for Key Largo. Any changes in the scope would have to be approved by DCA/FEMA. Consideration of such a change would at a minimum have to have an initial financial feasibility and method ofimplementation presented to DCAlFEMA to meet FEMA's Supplemental Environmental Assessment from the "Project Applicant" (copy attached). Item 4. ".. ..the amount of$3.8 million is designated to be used in cold spots in the Keys." Conunent: The designated $3.8 million ofEP A grant funds can definitely be "used for cold spots in the Keys", however as discussed, that is <<one part" of the grant fund requirements under the NATIONAL ONSITE W ASTEW ATER TREATMENT DISPOSAL DEMONSTRATION PROJECT IN TIlE FLORIDA KEYS, MONROE COUNTY, FLORIDA. Under <<DISCUSSIONS" (Nelson) Item 1. The FKAA discussed the' feasibility concerns of detennining the practicalities involved if a "bot spot" approach was direction the County decided to pursue with the limited funds FEMA funds of $6.4 million plus the local match. (of course the more funds, the more feasible). Any such project would have to meet FEMA's Supplemental Environmental Assessment requirements. Observation. I would recommend that Commissioner Nelson participate with County staff in their discussions with EP A as to "any" feasibility for the "use" and '~g" issues for the EPA DEMONSTRATION PROJECT. FKAA statethere will ~ be most willing to participate in such discussions and assist in any feasible way to I assist the county inrsaving this federal allocation. We appreciate your time and cooperation in addressing the FKAA concerns on December 11m and your continued support in developing a planned transition. NOTE ~ Item 2. !\I p Iff. ~ ~ ( As discussed the consideration of the development of an RFP for a limited Hot Spot by FKAA will require the concurrence of the BOCC, FKAA Board, and DCA/FEMA. It is assumed if such a process is determined feasible there will be community input prior to the formal establishment of the Key Largo elected board. 7 FKAA further stated it will cooperate fully with DCAlFEMA, Monroe County, and proposed sewer board to be a pass through of the FEMA funds based on DCAlFEMA agreement to same, to any County designated entity inclusive of the elected board in order to preserve the County's unmet needs funds designated for . Key Largo.