Item K2
Jun 18 02 03:15p
p. 1
E~EKGENCY AJD-ON
BOARD OF CO~TY COMMISSIONERS
AGENDA I~EM S{~ARV
~ee,:ing Date:
cfu'NE ?J. 2002
Division: 30('('
~L.l ~~ ::: e::1:
Ko
x
~epart~ent: D~q-rirt ~ivp
AG~~DA I~~~ WO~JI~G: Approval 0: prov~ding a 25% Sta~e ma~ch 0: $987,586
~oy a wastewater pro:ect by North Key Largo Jtil~ty Corp. for a $3,95J,346
was~ewater prc~ect
TTS~ 2ACKGROUND: Nor~~ Key ~argo Cti:ity Corp. has a $3,930,346 sewage
~P9rade ~o re~ove 266 o:d septic tanks a~d connect them to ~te existing
ce~traL was:ewa~er system. This project mee~s the readiness to proceed
req~ireme~~s of the Slate grant anq has a c~rrent ~EP per~it. Th~s will
prov:de a cessp~:!sept~c tank removal for approximately 53,759 each.
':"hese S::.ate grant fu::ds :nust be utilized ny March it 2003 or be retClr-ned
to ~;.-:e State.
PREVIO~S ~E~cVAKT 30CC ACTICN:
CCNIR.l\C':'!l\3REEMENT CHANGES:
S'::.'Al?? ~ECO:v!~El',TDA T:!: OK:
-:O-:A~ J C:C~'3':':
BlDGETED; Yes
No
CCST:'O CCT..,"l\':'Y;
~EVE~E ?RO~JC~NG: Yes
No
AMOUNT PER MONTH
YEAR
A??~OVE:'; IlY:
CO'..l:".::Y At torney
OMB!Purchaoing
R~s:'<;' Mgt.
~lVTSIO~ ~IREC~OR ^P?ROVA~:____
'-'JYl.L E ~ I d/{J
IIr. TO "U;:;; .:!iF ."eN 00=' 5 R "'~ e, r
DOC :Ufv:Iili fA':': ON : I:: c 2. '...;ded : __L-
70 Fo:low;
Not Requ.:red:
i)IS?Os:nON:
l\G".::'\JiA T~E:vr !t__
/<2
Jun 18 02 03:15p
North Key Largo Utility Corp.
p.2
D ~@&'QW~~., I
JUN i 3 2ll1l ~
24 Dockside Lane #512
Key Largo, Florida 33037
~
--
T
June 12,2002
Honorable Ylurray Nelson
Damaron Buildmg Suite 2
99198 Overseas Hwy,
Key Largo, FL 33037
Dear Commissioner Nelson:
Attached please find copies of the North Key Largo Utility Corp. 2002 sewer capital
project for the Ocean Reef Community.
A summary of the contracts and the project budget is as follows:
1. Engineering and Design - Boyle Engmeeling
2. Vacuum Sewer Equipment and Materials - AIRY AC
3. Sewer Line and Vacuum installation - United Engineering
4. Vacuum Pump Station - United Engineering
5. Construction Yfanagement and Inspection (memo attached)
6. Permit - FDEP
7. *Main Vacuum Line - Atlantic Civil Enginecling
8. *Legal (Rose Sundstrom & Bentley)
9. *Capitalized Interest - Bank of America Telm Loan
10. *Contingency - Change order expenses, advertising, and other Iypical
construction costs.
PROJECT TOTAL
$ 227,357
S 549,835
$ 2.345,500
$ 569.000
:5 35,000
S 1,500
$ 27,154
$ 15,000
S 80,000
L..lQ.Q.OOO
$3,950,346
*Conlract not applicable; fees and documentalion can he provided by Invoice or Payment
Documents at project conclusion.
E/
David C. Ritz
Presidenl
(305) 367 3C67
Fox: t3C5) 367.4?,~6
E-Mol n~:u@orcoreef.com
Jun 18 02 03:16p
p.3
North Key Largo Utility Corp.
24 Dockside Lane #512
Key Largo, Florida 33037
:\1ay 28, 2002
Honorable Murray Nelson
~loIUoe County Commissioner
Damaron Building, Suite 2
99198 Overseas Highway
Key Largo, FL 33037
Dear Commissioner Nelson:
As you may be aware North Key Largo Utility Corporation serves Ocean Reef and the
Angler's Club with wastewater service, Presently, the Ocean Reef community is
coordinating with the FKAA to eliminate the remaining septic tanks (266), install a sewer
collection system for every home and replace the water distribution system.
The costs for installing the new sewer system will total approximately 54,000,000 at a
cost of about $15,000 per resident. This coupled with a S2,400 connection fee and $560
annual charges is a significant impact, especially for those residents that have recently
installed S20,000 septic systems. To date, North Key Largo Utility Corporation has
maintained and upgraded its system voluntarily without any government financial
support.
It has come to our attention that Monroe County has the potential for receiving funds
from state and federal sources in 2002 for sewer projects. In the Upper Keys supporting
projects like ours would be very beneficial to the long path of changing septic to sewer
installations. Any assistance you could offer in qualifying North Key Largo Utility for
financial assistance in its project would be greatly appreciated.
1 look forward to discussing this issue with you further at your earliest convenience.
Sincerely,
k!
David C. Ritz,
President ~KLUC
cc: James Roberts
~
~
(305) 367-3067
(:ox: (305) 367-4246
E-tV 01': nklu@orcoreef,com
T
MONROE COUNTY
WASTEWATER
Project Book
TO:
FROM:
DATE:
SUBJECT:
County of Monroe
Board of County Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Dixie M. Spehar, Dist. 1
Comm. Bert Jimenez, District 4
Comm. Murray Nelson, District 5
Comm. George Neugent, District 2
MEMORANDUM
Board of County Commissioners
7/}
James L. Roberts ..)
County Administrator "'~_/-
June 18, 2002 /
Staff Update Report (# 01-02) on Wastewater Master Plan
Implementation Issues
AVAILABLE FUNDS FOR WASTEWATER
Status of Available Funding: The dedicated or anticipated revenue for County wastewater
projects is shown in the attached table at the end of this report. The following is a
discussion of each dedicated or anticipated funding on a project by project basis:
o FEMA Unmet Needs Funds: Federal/State-$ll.4 million; County(FY02 304 Fund)-
$1.65 million. The FEMA and State match funds are all dedicated to three specific
projects-Key Largo, Conch Key, and Baypoint. The deadline for expenditure of
these funds is September 2005. It is the staffs understanding that these grant funds
may be redistributed between projects, which is discussed under "FEMA Unmet
Needs Projects". Not shown on the attached table are approximately $0.427
million (FY02 304 Fund) in funds required to reimburse FKAA for expenses on the
Ogden project.
o EPA Decentralized Utility Demonstration Program: $3.8 million. These funds are
earmarked specifically for a decentralized utility demonstration project in areas not
intended for central sewer services within the next 15 years, consistent with the
adopted wastewater master plan. As discussed under "EP A Demonstration Grant
Funds", these funds will require a $1.3 million match for which no County funds
have been appropriated. Although no specific deadline has been placed on these
funds, the staff is concerned that if a grant application is not expeditiously filed to
obtain these funds they may be lost due to other federal funding priorities.
Page 1 of 23
o FDEP/NOAA Coastal Improvements Assistance Program: $0.35 million. These
funds have been awarded to the FKAA for completing preliminary engineering and
feasibility studies regarding provision of wastewater services on Big Coppitt. (For a
discussion of the use of these funds see "Lower Keys Wastewater".)
o Cesspool Elimination Funds: DCA-$1.08 million; County (FYOO 148/304 Funds)-
$0.68 million. An estimated $1.76 million in DCA grant and County funds are
expected to be available after the Cold Spot cesspool elimination program is
concluded later this year (see "Cold Spot Program/DCA Funds"). The deadline for
use of the DCA funds is December 2002. The DCA funds are restricted to
elimination of cesspools within Cold Spots; however the deadline may be extended
to June 2003 and the grant contract amended to allow the funds to be redistributed
to other areas. The County funds are under no time deadline and may be redirected
to other projects if approved by the BOCC. Some options for future use of these
funds are discussed under "Cold Spot Program/DCA Funds."
o Lower Keys Wastewater Projects: County (FY02 304 Fund)-$2.0 million. The
BOCC approved $2.0 million in 304 Funds (Infrastructure Tax) for wastewater
project(s) in Big Coppitt and Lower Keys in its FY 2002 capital budget and $2.0
million in FY 2003 and 2004. These funds have yet been applied to any specific
project within these areas; however, approximately 200,000 in FY02 304 Funds
were expended to financially support the engineering and design work necessary for
expansion of the Key West Resort Utility to serve south Stock Island.
o Key Largo: FDEP-$1.66 million. The Florida Legislature has appropriated $1.66
million for the Key Largo project as part of a $12.0 million appropriations package
in FY 2003 for funding wastewater and stormwater projects in Monroe County. To
be eligible for these funds, the wastewater treatment plant site must be acquired,
construction bids or design/build proposal must have been evaluated, and a system
of user charges, fees, or assessment must have been established no later than March
1,2003. As discussed in the section on "Key Largo Trailer Village" under "FEMA
Unmet Needs Projects", the FKAA staff has indicated that it wants to expand the
service area of the Key Largo project to make full use of these funds.
o Unspecified Wastewater Projects: FDEP- $5.0 million. As part ofthe $12.0 million
appropriations package for Keys wastewater projects passed by the Florida
Legislature, approximately $5.0 million are for unspecified projects; however, for
projects to eligible for these funds they must meet the same eligibility criteria as
listed previously for the Key Largo project. Furthermore, since these funds are not
earmarked for any specific project, the County will have to compete with other
municipalities for these funds. Although no specific criteria or rules have been yet
released, the staff believes these funds could be awarded to any eligible wastewater
project in unincorporated Monroe County, including those owned by semi-public or
public-investor utilities. The most likely eligible candidate projects that could met
Page 2 of 23
the March 1, 2003, deadline would be eXlstmg systems needing to upgrade or
expand, such as the Key West Resort Utilities on Stock Island, Hawk's Cay's
treatment plant (if transferred to County /FKAA) or the North Key Largo Utility
Corporation (Ocean Reef).
Florida Keys Water Quality Improvement Act: The $100 million in Federal funds
authorized by the U.S. Congress have not been identified as available in this report for
wastewater projects, since no funds have been appropriated for any projects. As it stands
now, the U.S. Army Corps of Engineers has responsibility for this program, but the
construction of wastewater projects or grants administration are not part of its mission. The
BOCC has approved the South Florida Water Management District as the local sponsor for
the program. Any appropriations would have to be sought on an annual basis through the
Florida Congressional delegation and lobbying efforts of the County and local
municipalities. With the current situation at the federal level after 911, it is unrealistic to
assume such funds will be forthcoming without a united and strong lobbying effort in
Washington from the FKAA, County, and municipalities.
Countv 304 Fund Concerns. The staff is concerned that the dedicated funding from the
County 304 Fund (infrastructure) may be insufficient to move forward all identified
projects. The County Administrator and his budgeting staff have identified that funding
commitments from the 304 Funds are already running higher than the amount funds
appropriated for specific wastewater projects, which will require cutbacks or
reprogramming of projects.
As is discussed later in this report, the amount of "working capital" committed by the
County to underwrite projects prior to it generating any revenues may be insufficient. The
FKAA has been providing this working capital by borrowing from its water enterprise fund;
however, this funding alternative has created problems for that agency and is one of the
issues that will have to be satisfactorily addressed in any continued reliance by the County
on the FKAA, as the primary wastewater management agency for unincorporated Monroe
County.
Therefore, the County staff believes that the County needs to work with the FKAA in
establishing a sufficient pool of funds that can be used as a revolving interest free loan to
help underwrite projects before any grant proceeds and revenues become available.
Certainly, this application of funds may well limit the amount of dedicated local funds that
may be available for specific projects.
In a directly related matter, as discussed under "Programmatic Implementation Plan", the
County staff believes the BOCC needs to adopt a detailed programmatic implementation
plan to allocate its scarce financial resources among the projects in a manner that ensures
these projects will be expeditiously started and successfully completed.
Page 3 of 23
Issues Needed to be Addressed:
o Need to identify specific projects eligible for the $5.0 million in FDEP funds to be
sponsored by the County to obtain grant funding.
o Need for programmatic implementation plan (see "Programmatic Implementation
Plan") that includes consideration of the need for "working capital" to be available
for the FK.AA (see "Wastewater Governance") or other utility.
Recommended BOCC Actions:
o Direct staff to find out the details on the FDEP $12.0 million grant program and
prepare recommendations on specific projects to be sponsored by the County.
Significant Milestones! Actions:
o Decision on sponsorship of eligible projects for the $5.0 million in FDEP funds
after consideration of staff recommendations. (Target Date: July Commission
meeting or as soon as possible)
W ASTEW ATER GOVERNANCE
Background and Status: Through various resolutions and joint resolutions with Monroe
County, the FK.AA has previously indicated its intention to fully relinquish its authority
and responsibilities for wastewater management in unincorporated Monroe County. The
FK.AA requested in Resolution #02-02 that the BOCC support legislation relinquishing the
FK.AA's wastewater authority and responsibilities in unincorporated Monroe County
should legislation be adopted establishing an independent wastewater treatment authority in
Key Largo. Subsequent to adoption of such legislation, the FK.AA provided the County
staff in May a suggested resolution for consideration by the BOCC that would officially
request the FK.AA to pre-approve the county's exercise of its wastewater authority. The
resolution, if adopted, would commit the BOCC to pursuing a formalization of this
wastewater authority in coordination with the FK.AA by sponsoring legislation in the 2003
state legislative session that would remove FK.AA's authority for wastewater management.
The County staff has serious concerns about the ramifications such a shift in responsibility
would have on the completion of wastewater projects and meeting the County's obligations
under its Comprehensive Plan. The County currently does not have the expertise, resources
or an existing governmental organization and structure for managing and administering the
construction and operation of wastewater systems. An appropriate mechanism, such as a
wastewater authority, would take County staff time and resources to establish, detracting
from efforts to implement authorized wastewater projects and addressing other pressing
County priorities. The efforts to establish such an agency that could well seriously delay or
Page 4 of 23
jeopardize on-going wastewater projects, even though the FKAA has committed to
ensuring that the FEMA funded projects will continue.
In the staffs professional opinion, the FK.AA is still the most logical and appropriate entity
for wastewater management authority within unincorporated Monroe County. It has the
resources, expertise, business, and management experience for carrying out such functions.
Its mission and authority are solely to the providing utility services in a cost-efficient
manner to its customers.
The FKAA has a governing board and revenue generating authority independent from local
government, which gives it the ability to address service delivery in a business like
manner, somewhat insulated from the day-to-day political pressures placed on elected
representatives of general purpose government. Furthermore as political appointees of the
Governor with County-wide authority and responsibility for utilities services, this agency
may have an edge in obtaining needed state and federal funding assistance than would the
County relying on its own resources.
With similar concerns raised by individual BOCC members about the relinquishing of
FK.AA authority, the County Administrator appeared before the FK.AA board of directors at
its June 5th meeting. This meeting was specifically called to discuss future options
concerning FKAA involvement in wastewater management.
At that meeting, the County Administrative reiterated his staffs position supportive of a
continuing relationship with FK.AA, acknowledging that any such a relationship was
subject to mutual agreement of the FK.AA and BOCC. The County Administrator
mentioned that any renewed commitment to maintaining such a partnership would require
satisfactory resolution of certain funding issues particularly related to the guaranteed
underwriting of all unrecoverable costs and expenses.
After discussing specific options proposed by its own staff, the FKAA board of directors
unanimously indicated its commitment and sense of responsibility to providing wastewater
services to unincorporated Monroe County and the City of Marathon. In the course of its
discussion, the FKAA board unanimously rescinded Resolution #02-02, approved a new
mission statement(s), and agreed to work with the City and County in reaching agreement
on specific relationships between the agencies.
If the BOCC desires to pursue this opportunity, the staff will work with FK.AA staff in
working out the details of this relationship including specifying the specific roles and
responsibilities of each agency. The staff suggests that outside of the County's financial
responsibilities, the preferable role for the County should be: the setting of policies and
priorities in the programming of wastewater treatment projects in coordination with the
FK.AA; selection and acquisition of wastewater treatment plant sites; and, adopting policies
to guide FK.AA in setting connection fees, operations and maintenance costs, and levels of
public subsidy for lower income customers. [Such policies and project priorities could be
Page 5 of 23
established in a programmatic implementation plan for wastewater projects recommended
by the staff under "Wastewater Programmatic Implementation Plan".]
However, should the BOCC decide not to pursue a renewed relationship with FKAA or
should the County and FKAA not be able to reach a mutually agreement understanding on
this relationship, it is imperative that the County direct staff to move forward immediately
to investigate wastewater governance options for consideration by the BOCC.
Issues Needed to be Addressed:
o Need to reach decision as quickly as possible on either entering into negotiations
with the FKAA to continue as the wastewater authority for unincorporated Monroe
County or moving forward to establish a governance structure for wastewater
management.
Recommended BOCC Actions:
o Reach decision on retaining FKAA as the wastewater authority for unincorporated
Monroe County based on the staffs recommendations and direct the staff to begin
negotiations with the FKAA on a new agreement(s) spelling out this relationship,
including roles and responsibilities for each party and the financial commitment and
underwriting by the County.
Significant Milestones/Actions:
o Decision on retaining the FKAA as the wastewater authority for unincorporated
Monroe County and entering into a new agreement(s). [Target Date: June
Commission meeting)
o Approval of new agreement(s) with FKAA spelling out the renewed relationship
with the County including specific roles and responsibilities and financial
commitment and underwriting by the County. [Target Date: July or August
Commission meeting)
PROGRAMMATIC IMPLEMENTATION PLAN
Background: The Sanitary Wastewater Master Plan was adopted by the BOCC in May
2000. This Plan identified approximately $430 million in needed wastewater improvements
to be completed prior to July 2010 in order to meet wastewater treatment standards
established by the Florida legislature and the requirements of the Monroe County Year
2010 Comprehensive Plan. The adopted Plan called for the construction of new central
sewer systems and expansion and upgrading of existing central sewer systems and package
plants to serve almost 98 percent of the total number of existing Equivalent Dwelling Units
Page 6 of 23
(EDUs) in unincorporated Monroe County, including the City of Marathon and Village of
Islamorada.
However, it is quite apparent to the County staff that while the adopted Sanitary
Wastewater Master Plan still serves as a valid framework to follow, its implementation and
funding within a ten-year time frame is clearly not realistic and practical. A concern which
has been raised both by County Commissioners and staff.
Competing demands for appropriation and distribution of public funds and resources to
implement at least 9 identified separate wastewater projects or programs has also made it
more difficult for the County to concentrate on getting any single project successfully
implemented. It has generated a growing concern among staff about the County's financial
ability to move forward to move forward on so projects simultaneously. (Please refer to
previous discussion on 304 Fund concerns.)
A realistic programmatic implementation plan, which establishes project and financing
priorities based on the anticipated funding for wastewater projects is needed. Such a plan
should include specify policies, standards and criteria for establishing "reasonable"
connection fees and monthly charges. These connection and rate standards would provide
the policy basis for determining the level of County financial involvement to be applied to
individual projects.
Any such programmatic implementation plan must also take into consideration that all the
existing "hot spots" with lower priorities in the Sanitary Wastewater Master Plan will
probably not be served by central sewer by 2010. Rethinking of how the County should
address such areas, should also be part of this planning and programming effort and may
led to recommending specific changes in the Seven Year Work Program approved by the
Florida Administrative Commission. [It should be noted that the Department of
Community Affairs is aware ofthis issue and has similar concerns as the staffs.]
Issues Needed to be Addressed:
o Need for realistic programmatic implementation plan that establishes: policies on
"reasonable" connection fees and monthly user charges; project and financing
priorities; and, a schedule for programming of wastewater projects based on
available identified funding in accordance with the Sanitary Wastewater
Management Plan.
o Need to revise the Seven Year Work Program in the Monroe County Year 2010
Comprehensive Plan to reflect the results of the adopted programmatic
implementation plan.
Page 7 of 23
Recommended BOCC Actions:
o Direct staff in coordination with the FKAA, DCA, and DEP to prepare a draft
programmatic implementation plan for its consideration that recommends specific
project and financing priorities and a programmatic schedule for implementation of
wastewater projects based on available anticipated funding that reflects policies,
criteria, and standards on "reasonable" connection fees and monthly user charges.
o Direct staff to prepare proposed revisions to the Seven Work Program based on the
programmatic implementation plan to be adopted for submittal to DCA and
Governor and Cabinet as part of the County's required 4th and 5th Years Status
Reports.
Significant Milestones/Actions:
o Approval of programmatic implementation plan for the Sanitary Wasterwater
Master Plan. [Target Date: September Commission meeting)
o Submittal to DCA of proposed revisions to Work Program based on programmatic
implementation plan. [Target Date: To be determined)
FEMA UNMET NEEDS PROJECTS
A. General
The Federal and State funds for the three FEMA Unmeet Needs projects are being
administratively managed through separate contracts with DCA. Each project is broken
into two phases for contractual and funds disbursement purposes. Phase I is preliminary
planning and engineering, site acquisition, and environmental assessment. Phase II is
construction.
A contract for Phase I-Conch Key will be executed shortly followed by the one for Key
Largo. The Baypoint contract will take longer since the site has not been acquired and
other preliminary engineering and planning work is not completed.
Both an overall Programmatic Environmental Assessment (PEA) and Supplemental
Environmental Assessments (SEAs) for each specific project will need to be completed
prior to Phase n. A draft PEA has been prepared by FEMA's consultants and is currently
undergoing review by staff. A public meeting will be held to receive input on the PEA
followed by public hearings on the SEAs as they are completed.
The individual project SEAs can not be completed until preliminary system costs including
connection fees and monthly costs for individual users are estimated and preliminary
engineering plans or designlbuild package are completed. In addition, prior to completion
Page 8 of 23
of the SEAs, further information is required on possible economic impacts on households
below the federal poverty guidelines.
The entire schedule may be further lengthened should a full Environmental Impact
Statement be required for any of the projects.
B. Key Largo Trailer Village (MM 101.5)
Project Background and Status: The Key Largo Trailer Village project was identified by the
FKAA and approved by the BaCC in Resolution #156-2002 on March 20, 2002.
Preliminary engineering and design tasks are being finalized by the FKAA to prepare a
designlbuild bid package. The FKAA anticipates that a preliminary pro forma with
financial information will be available by mid-June.
An opportunity has arisen concerning the recent State funding (see "Available Funds for
Wastewater") in the amount of $1.66 million made available specifically for Key Largo. A
decision needs to be made by the County and FKAA of how these funds may be used for
this project to expand the project service area boundaries to include additional areas
identified below. If the project service area is to be expanded, both the County and FKAA
must move quickly to provide additional information that will be necessary for the SEA.
Specific milestones have not yet been identified and agreed upon between the County and
FKAA for completion of this project as called for in the joint resolution with the FKAA
(Resolution #93-2002).
A contract to purchase property at MM 100.5 for siting the wastewater treatment facility
has been executed by the County and property owner as authorized by the BaCC on May
15,2002. The closing date is scheduled for June 25, 2002.
As called for in the County's existing joint resolution with the FKAA, the FKAA will
transfer all wastewater facilities and responsibilities to the Key Largo Wastewater
Treatment District when this agency is established and organized. However, the Governor
recently vetoed seed monies for this new agency.
Based on the staffs cursory review of the authority's charter, it appears that it will be
difficult for the the new authority to generate any revenues from ad valorem taxes and non-
ad valorem fees until at least a year after its formation. Therefore, the staff believes some
outstanding issues concerning support for the authority during its start-up, both financial
and administrative, require addressing by the BaCc.
Estimated Project Costs: FKAA has not provided the County with project costs; however,
the FKAA staff is currently preparing a preliminary pro-forma information on the project.
Project Service ArealNumber of EDUs: The project service area is the Key Largo Trailer
Village and non-residential development fronting U.S. Highway 1, which is estimated to
Page 9 of 23
contain 480 EDUs. The project service area could be expanded to included other nearby
subdivisions and neighborhoods in the vicinity of wastewater treatment facility site at MM
100.5. These additional areas are (estimated EDUs shown in parentheses): Hibiscus Park
((55), Holiday Homesites (60), and Key Largo Park and Sunset Waterways (500).
Funding Commitments: The following are the current funding commitments for the project,
not counting user fees which have yet to be determined:
Federal (FEMA)
State
County (304)
Total
$5.486
.914
.914
$7.314 million
In addition, Florida Legislature has recently approved $1.66 million for funding the Key
Largo project. As stated above, these funds could be used to expand the service area of the
initial project to include nearby neighborhoods along U.S. Highway 1.
The BOCC approved the local match guarantee in Resolution #93-2002, dated February 14,
2002. This resolution also authorized an initial 20 percent ($183,000) of the local match
(FY 02-304 Fund) to be forwarded to the FKAA. Previously the BOCC had approved
$331,000 and has been invoiced another $96,000 by FKAA to pay for its non-reimbersable
costs incurred with the Ogden project.
The contract purchase price of the property for the wastewater treatment facility site
including associated closing costs, is approximately $850,000, which will be from FY02
304 Funds. This expenditure is an eligible reimbursement cost under the FEMA grant.
With the purchase of this property, discounting the County will have spent $1.033 million
(including the 20 percent advance to FKAA) that more than exceeds the required match
requirements and its local match guarantee made to FKAA in Resolution #93-2002. [This
figure does not include the more than $427,000 paid or to be paid the FKAA to reimburse
that agency for costs incurred related to the terminated Ogden regional wastewater plant
project. ]
The County is eligible for reimbursement of at least some these expenditures from the
FEMA grant and from user fees/special assessments, once detailed project construction and
operating costs are finalized and rate structure is established. However, the details of such
reimbursement have not been worked out and are heavily influenced by the amount of
connection fees and user charges that will be assessed households within the proposed
servIce area.
At this time, it is unknown what will be the amount of additional funding commitments,
both reimbursable and non-reimbursable, needed by FKAA as "working capital" from
Momoe County in order to satisfactorily complete this project. The reimbursable funding
commitments may be administered in the form of a revolving loan fund so that FKAA is
Page 10 of23
not required to borrow from its water enterprise funds [ see "Wastewater Governance"]
prior to receiving grants and fees.
Issues Needed to be Addressed:
o Lack of specific milestones set by the FKAA and County to complete the project as
called for in the joint resolution with FKAA (Resolution #093-02) including a more
specific transition plan for transfer of the project to the new wastewater authority.
o Need to reach decision on use of the $1.66 million in State funds and expansion of
the service area of the project.
o Need to reach mutual agreement with the FKAA on the level of project funding and
underwriting commitment by County until transfer of facility to new authority.
o Need to establish County policy on financial and administrative assistance on an
interim basis, if any, to the new authority.
Recommended BOCC Action(s):
o Direct staff and its engineering consultant to work with FKAA staff in preparing
specific recommendations for expansion of project service area to make use of the
$1.66 million in newly available state funding.
o Direct staff to work with the FKAA staff in preparing a revised joint resolution(s)
for its consideration that: establishes milestones for project; provides a specific plan
for transition of responsibility from the FKAA/County to the new authority; and,
spells out the County's project funding and underwriting commitment to the project.
o Direct staff to evaluate financial, administrative, legal, and other relevant issues
related to the new authority and provide the BOCC with specific policy
recommendations.
Significant Milestones/Actions:
o Decision on the use of $1.66 million in newly available State funds and expansion
of the service area of the proposed Key Largo project. [Target Date: July
Commission meeting]
o Approval of joint resolution(s) on milestones to complete project, transition plan,
and County project funding and underwriting commitment. [Target Date: July
Commission meeting]
o Decision on interim County financial and administrative assistance to the new
authority during its start-up period. [Target Date: August Commission meeting]
Page 11 of23
C. Conch Key (MM 61)
Project Background and Status: The FKAA is currently completing engineering and design
of this project. As part of its alternatives evaluation process, the FKAA has analyzed both a
stand alone best available technology (BAT) facility solely serving Conch Key and the
delivery of wastewater effluent to the Hawk's Cay treatment facility, including the eventual
upgrading of this facility to advance wastewater treatment (A WT). Based on the results of
this evaluation, the FKAA has done all its preliminary engineering and design work on the
connection of Conch Key to the Hawk's Cay facility and has been negotiating with Hawk's
Cay for the transfer of that facility to FKAA/County. [In its memorandum to the BOCC,
dated April 16, 2002, the FKAA presented its arguments against a stand alone wastewater
treatment facility for Conch Key.]
Once the site is acquired and the SEA is approved, the FKAA intends to move forward with
a request for construction bids. A specific timeline for these actions have yet to be
established.
The County's wastewater engineering consultant (CH2M Hill) has been directed to evaluate
the two alternatives and prepare independent cost estimates, including estimated connection
fees and monthly sewer bills, for the alternatives. This consultant report is to be prepared
for consideration by the BOCC at its June Commission meeting. A proposed option
agreement for the eventual transfer of the Hawk's Cay facility to the County/FKAA is also
to be considered by the BOCC at that same meeting.
The BOCC approved a joint resolution with the FKAA (Resolution #227-2002) that
committed the County to guaranteeing the local required match and calls for the
establishment of specific milestones for completion of the project. No such milestones
have been established. These milestones should be established as soon as the BOCC has
made a decision on the preferred project alternative.
The resolution also states that upon execution of a construction contract, the FKAA will
enter into a sub-agreement with the County making the County responsible for directly or
through subcontract of the construction management, administration and inspection. Once
the County has officially designated an entity to assume wastewater authority and
responsibility, the FKAA will transfer the project to the County. [See discussion under
"Wastewater Governance. "]
In accordance with its obligations under the joint resolution with FKAA, the Land
Authority authorized the purchase ofa site for approximately $15,000 on ocean side of U.S.
Highway 1 for the location of the vacuum/pump station. This site was identified by the
FKAA in a siting evaluation report dated February 2001. Closing on the purchase is being
held up until the BOCC makes a decision regarding the Hawk's Cay wastewater treatment
plant.
Page 12 of23
The acquired site is of insufficient size for a wastewater treatment facility. However, if the
BOCC decides to go with a stand alone facility, the Florida Department of Transportation
has indicated that it would be willing to convey its surplus property on bayside of U.S.
Highway 1 to the County for a wastewater treatment facility. Approximately % acre of
land may be required for such a facility. Without further research, it is uncertain whether
the FDOT surplus land is of sufficient size to accommodate this facility.
It should be noted that the FEMA grant funds can only be expended for the wastewater
collection system on Conch Key and the construction of a either vacuum/pump station and
connection to Hawk's Cay or construction of a stand alone wastewater treatment facility at
Conch Key. Any improvements to the Hawk's Cay treatment facility would have to be
separately financed.
Estimated Project Cost: The County staff has not been provided any cost estimates by
FKAA; however, the County's engineering consultant will be providing such data in his
report.
Project Service ArealNumber of EDUs: The project service area will be Conch Key and
Walker Island, which contain 157 EDUs. The Hawk's Cay facility currently serves
approximately 480 EDU's.
Funding Commitments: The following are the current funding commitments for the
project, not counting user fees which have yet to be determined:
Federal (FEMA)
State
County (304)
Total
$1.398
.233
.233
$1.864 million
The BOCC approved the local match guarantee in Resolution #227-2002, dated May 15,
2002. This resolution also authorized an initial 20 percent ($46,607) of the local required
match to be forwarded to the FKAA.
At this time, it is unknown what will be the amount of additional funding commitments,
both reimbursable and non-reimbursable, needed by FKAA from Momoe County in order
to satisfactorily complete this project. The reimbursable funding commitments may be
administered in the form of a revolving loan fund so that FKAA is not required to borrow
from its water enterprise funds [see "Wastewater Governance."] prior to receiving grants
and fees.
Issues Needed to be Addressed:
o Need for County to make decision on which alternative to pursue, either a stand
alone wastewater treatment facility or the delivery of effluent from Conch Key to an
upgraded Hawk's Cay wastewater treatment facility.
Page 13 of23
\
o Lack of specific milestones set by the FKAA and County to complete the project as
called for in the joint resolution with FKAA (Resolution #227-002).
o Construction and long-term management responsibilities for the project [see
"Wastewater Governance"]
o Need to reach mutual agreement with the FKAA on the level of project funding and
underwriting commitment by the County to complete project expeditiously.
Recommended BOCC Actions:
o Make a decision on the wastewater treatment facility alternative for Conch Key
based on consideration of recommendations from County staff and its engineering
consultant; and then direct staff to work with the FKAA staff in preparing a revised
joint resolution(s) for its consideration that: establishes milestones for the project;
and, spells out the County's project funding and underwriting commitment for the
project.
Significant Milestones/Actions:
o Decision on wastewater treatment facility alternative for Conch Key and the option
agreement for transfer of Hawk's Cay wastewater treatment facility to the
FKAA/County. [Target Date: June Commission meeting]
o Approval of joint resolution(s) that establishes milestones to complete project and
details County funding and underwriting commitment. [Target Date: July
Commission meeting]
D. Baypoint (MM 15)
Project Background and Status: Preliminary engineering and design work was apparently
delayed until initial design and cost feasibility engineering work was to be completed for
Big Coppitt area under a grant from the Florida Department of Environmental Protection.
[see "Lower Keys Wastewater"] Therefore, little, if any, preliminary engineering and
design work has been done on the Baypoint facility. However, FKAA staff has indicated
that it will follow a design/build process for this facility, which will help shorten the length
oftime to get this project underway; however the County must forward with site acquisition
before the designlbuild package can be completed.
The County's engineering consultant has been directed to provide cost estimates for this
project including capital and operations and maintenance (O&M) costs for presentation in a
report to the BOCC at its June meeting.
The BOCC approved a joint resolution with the FKAA (Resolution #227-2002) that
committed the County to guaranteeing the local required match and to securing a
Page 14 of23
wastewater treatment facility site. The resolution also calls for the establishment of specific
milestones for completion of the project, which has not been done.
The FKAA has completed an analysis of alternative sites for locating the BAT facility,
including sites for possible pump stations should the plant eventually be dismantled when
the Baypoint service area is connected to a larger regional system. The preliminary siting
evaluation report was recently provided to County staff, which will review the report and
make specific recommendations to the BOCC. This acquisition process must be done
quickly so that FKAA can move forward with preliminary engineering and design
necessary to prepare design/build package.
The resolution also states that upon execution of a construction contract, the FKAA will
enter into a sub-agreement with the County making the County responsible for directly or
through subcontract of the construction management, administration and inspection. Once
the County has officially designated an entity to assume wastewater authority and
responsibility, the FKAA will transfer the project to the County. [See discussion under
"Wastewater Governance. "]
Estimated Project Costs: The FKAA has not provided any cost estimates on this project;
however, the County's engineering consultant has been directed to provide such estimates
in a report to the BOCC.
Project Service ArealNumber of EDUs: The project service area includes the Baypoint
community, which contains approximately 320 EDUs.
Funding Commitments: The following are the current funding commitments for the
project, not counting user fees which have yet to be determined:
Federal (FEMA)
State
Local
Total
$3.017
.503
.503
$4.023 million
The BOCC approved the local match guarantee in Resolution #227-2002, dated May 15,
2002. This resolution also authorized an initial 20 percent ($100,561) of the local required
match to be forwarded to the FKAA.
At this time, it is unknown what will be the amount of additional funding commitments,
both reimbursable and non-reimbursable, needed by FKAA from Momoe County in order
to satisfactorily complete this project. The reimbursable funding commitments may be
administered in the form of a revolving loan fund so that FKAA is not required to borrow
from its water enterprise funds [see "Wastewater Governance."] prior to receiving grants
and fees.
Page 15 of23
Issues Needed to be Addressed:
o Need to identify and acquire site for wastewater treatment facility.
o Lack of specific milestones set by the FKAA and County to complete the project as
called for in the joint resolution with FKAA (Resolution #227-002).
o Construction and long-term management responsibilities for project [see
"Wastewater Governance"]
o Need to reach mutual agreement with the FKAA on the level of project funding and
underwriting commitment by the County to complete project expeditiously.
Recommended BOCC Actions:
o Direct staff to work with the FKAA staff in preparing a revised joint resolution(s)
for its consideration that establishes milestones for the project and spells out the
County's project funding and underwriting commitment for the project.
Significant Milestones/Actions:
o Approval of wastewater treatment plant site at Baypoint based on staff
recommendations. [Target Date: July Commission meeting.}
o Approval of draft joint resolution(s) that establishes milestones to complete project
and details County funding and underwriting commitment. [Target Date: August
Commission meeting]
KEY WEST RESORT UTILITIES (STOCK ISLAND EXPANSION)
Project Background and Status. The BOCC approved a grant of $200,000 (FY 02 304
Fund) to the Key West Resort Utility to pay for the engineering and design work to extend
its wastewater system to south Stock Island. The Key West Resort Utility Corporation,
which is a private investor-owned system with franchise authority from the Public Service
Commission for all of Stock Island, has completed necessary design and engineering to
move forward with expansion of its system to serve the remainder of Stock Island. Bids
for construction of the collection system is due by July 1,2002. The utility has provided the
County with specific plans and drawings, which have been turned over to the County's
engineering consultant for review.
The utility's plant facility treats effluent at a secondary level. It has a treatment capacity of
499,000 gallons per day and treats an average of 250,000 gallons a day. The plant has
sufficient capacity to serve the remainder of south Stock Island without having to upgrade
to A WT; however, it will be required to upgrade to A WT by July 1, 2010.
Page 16 of23
By adopting Ordinance #17-1999, the BOCC approved the establishment of a Municipal
Service Benefit Unit for all of Stock Island, except for the City of Key West. The creation
of this district allows its governing body (the BOCC) to impose non-ad valorem
assessments on real property to fund wastewater infrastructure improvements.
Estimated Project CostsIEDU's: In a facsimile to the BOCC dated June 5, 2002, the Key
West Resort Utility indicated that it will cost $4.6 million to connect approximately 1,775
EDUs on south Stock Island to its wastewater treatment facility. The per EDU cost is
approximately $2,607. This cost doesn't include decommissioning any existing on-site
wastewater treatment systems or making the necessary on-site connections to the utility's
collection system. It does not include upgrading the plant to A WT, which will be required
by July 1, 2010. The financial information provided was insufficient in amount of detail to
be properly evaluated by County staff and its engineering consultant.
Funding Commitments: Other than the $200,000 provided the utility to complete its
engineering and design for expansion of its system to south Stock Island, no government
funds have yet been made available for this expansion. As noted above, the County has
recently been provided engineering plans for the south Stock Island expansion, but no
detailed financial information was included on how the cost and proposed rate figures were
calculated.
The Utility proposes in its June 5,2002, correspondence that the County provide a grant of
$4.6 million to be paid over a 12 month period. The County would be reimbursed through
the $2,700 connection fee per EDU. In addition, the Utility is requesting the County to be a
partner in securing a favorable financial package due to the County's ability as a
government to secure below interest loans.
An opportunity to move forward with the expansion of an existing and its potential cost
savings for citizens of Stock Island require that the County give careful consideration to
working with the Key West Resort Utility. In particular, the capital per EDU connection
cost of approximately $2,700 is very reasonable, and depending upon monthly service
charges, little or no governmental financial assistance may be desirable except subsidies for
low income households [see discussion under "Wastewater Implementation Plan"].
Furthermore, the only available 304 Funds would be those appropriated in FY02 and FY03
for Big Coppitt and the Lower Keys.
Therefore, before making any decision on this proposal, the staff believes it would prudent
to obtain detailed financial information to properly evaluate the proposal and determine the
appropriate level of public funding, financial obligations, and other financial
commitments/arrangements for this project. The County staff has included such an
engineering and financial analysis as part of the scope of services for its engineering
consultant to be approved by the BOCC at its June meeting..
Page 17 of23
Issues Needed to be Addressed:
o Lack of specific financial information on capital component costs, operations and
maintenance costs, and monthly rate charges for expansion of system to south Stock
Island.
o Need to reach decision on appropriate level and type(s) of public financial
assistance for the expansion project, including the upgrading of the treatment
facility to A WT.
Recommended BOCC Actions:
o Direct staff with assistance from its engineering consultant to obtain and evaluate
specific cost information from Key West Resort Utility on the expansion including
costs of upgrading the existing treatment facility to AWT.
o Direct staff to prepare recommendations on the appropriate levels and types and
sources of public financial assistance to the Key West Resort Utility, including
financial assistance for low income households.
Significant Milestones/Actions:
o Decision on the Key West Resort Utility's proposal after consideration of the
recommendations of staff and engineering consultant. [Target Date: July
Commission meeting]
LOWER KEYS WASTEWATER (MM 7.0 MM 11.0)
Background and Status: The Momoe County Sanitary Wastewater Master Plan calls for a
three-phase project to entirely service this area starting with construction of a treatment
facility and collection system at Big Coppitt. This system would be eventually expanded to
take in Rockland and Boca Chica/Geiger Keys. The master plan also provides for an option
of connecting the system to the Key West Resort Utilities or the Key West Naval Air
Station.
On March 22, 1999, the BOCC adopted Ordinance #3-1999 on January 13, 1999,
establishing a Municipal Service Benefit Unit (MSBU) for this area that provides for the
levy of non-ad valorem assessments for construction of wastewater facilities, if approved
by referendum. Since that ordinance was enacted, no specific project has been formally
put forward for the Lower Keys (Boca Chica, Rockland, Big Coppit, and Geiger Keys).
The Florida Keys Aqueduct Authority under a grant from the Department of Environmental
Protection has been conducting an engineering feasibility study of providing central sewer
service to Big Coppitt. The FKAA has completed some preliminary design and engineering
Page 18 of23
for locating a regional wastewater site on Rockland Key that would serve the Lower Keys
regional service area; however, how much preliminary engineering has been actually
completed is not clear.
In addition, Key West Resort Utilities Corporation has offered to provide service to this
area, in conjunction with completion of its expansion to serve south Stock Island. Any
such expansion outside of south Stock island would require approval by the FKAA, since it
is part of the authority's service area.
In its June 5, 2002, facsimile to the BOCC, the Key West Resort Utility also proposed that,
based on its preliminary engineer cost estimates, it could construct a collection system to
serve the Lower Keys service area, extend a wastewater transmission main to its plant on
Stock Island, and upgrade its plant for approximately $12.2 million, including engineering,
surveying, legal, and acquisition costs. No specific financial or engineering details were
provided to the County to determine upon what these estimates were based. It should be
noted that this estimate compares to the $20.5 million estimate in the Momoe County
Sanitary Wastewater Master Plan to build a stand alone system to serve the Lower Keys
regional service area with a regional plant on Big Coppitt.
To evaluate the proposal and determine the appropriate approach for providing wastewater
services in the Lower Keys, the firm of Government Services Group, Inc., a subsidiary of
Nabors, Giblin & Nickerson, was asked by the BOCC last year to prepare a work plan to
evaluate three alternatives based on information provided by Key West Resort Utilities and
FKAA: 1) expansion and improvement of Key West Resort Utilities to serve the entire
Lower Keys regional service area; 2) construction of separate system by FKAA to serve the
entire Lower Keys regional service area; and, 3) combined approach with FKAA moving
forward with Bay Point and expanding southward to serve the northern portion of the
regional service area and Key West Resort Utilities serving the southern portion of the
regional service area.
The proposed work plan was just recently provided to the County Administrator on May
22,2002. It has not been approved by the BOCC. At this time, the staff believes it may be
more desirable and expeditious to have its engineering consultant to conduct the analysis
rather than engage another outside firm. The FKAA staff has indicated that it would be
willing to provide some of its grant monies to complete such an analysis.
Estimated Project CostslEDUs: The Sanitary Wastewater Master Plan estimated that it
would take $20.5 million to construct the central wastewater system for the Lower Keys
regional service area, which would serve 1,780 EDUs. As noted above, the Key West
Resort Utility has provided estimates to the County that it can serve the same service area
for approximately $12.2 million with a connection to its plant on Stock Island.
Funding Commitments: The FKAA has been provided approximately $350,000 in State
and Federal grants to complete preliminary engineering work for provision of wastewater
service in the Lower Keys. The BOcC has approved $2.0 million in its capital budget over
Page 19 of23
three years (FY 2002 through FY 2004) from 304 Funds for wastewater improvements in
the Lower Keys regional service area.
Issues to be Addressed:
o Need to make a determination on appropriate project alternative(s) for providing
wastewater treatment services after evaluating information provided by the Key
West Resort Utilities and the FKAA.
Recommended BOCC Actions:
o Direct staff to engage the services of its engineering consultant to evaluate facility
engineering and financial data provided by the FKAA and Key West Resort Utility
for the provision of wastewater services in the Lower Keys Regional Service Area
and prepare a report on findings and recommendations for the Board's
consideration.
Significant Milestones/Actions:
o Decision on wastewater treatment alternative(s) to be pursued for the Lower Keys
regional service area. [Target Date: September Commission meeting.]
EPA DECENTRALIZED WASTEWATER DEMONSTRATION PROGRAM
Background and Status: Approximately two years ago, the County was notified by the U.S
Environmental Protection Agency that it had earmarked $3.8 million in grant funds for the
Florida Keys, as part of Community Decentralized Wastewater Demonstration Grant
Program. This program is intended to fund prototype, innovative wastewater programs for
providing on-site wastewater treatment solutions on a decentralized basis through a
centralized management or administrative structure. Eligible costs under this grant
program with a 75 percent match [about $1.3 million] include design, construction,
operations and maintenance, and administering a decentralized/on-site system. Any projects
supported with these funds must be for a permanent (15 years or more) and not a temporary
solution to wastewater treatment needs and consistent with the Sanitary Wastewater Master
Plan. It must have a centralized authority or administration with responsibility for
construction, oversight, on-going maintenance and financial administration.
A proposal by the FKAA to use these funds for a follow-on program in the Cold Spot areas
by upgrading existing permitted on-site systems to meet the new Best Available
Technology (BAT) standard came to naught in November 2001 when circumstances led
FKAA to reconsider its role of providing wastewater services in unincorporated Momoe
County. No required application was ever prepared, since the FKAA believed that a
mandatory replacement/connection ordinance needed to be enacted by the County to require
upgrading and connection to proposed on-site cluster systems prior to its submittal.
Page 20 of 23
Another proposal recently came forth to use the funds to do a demonstration project in an
existing hot spot area, such as the Upper Sugarloaf service area identified in the Sanitary
Wastewater Master Plan. Some thought has also been given to possibly using some of
these funds to assist the County in planning and implementing a centralized wastewater
authority should the FKAA not rescind its decision on its planned transition out of
providing wastewater services in unincorporated Momoe County. The EP A staff has also
indicated that the grant could be used in a phased approach to first identify and evaluate
projects and then implement them.
The issue is that the County is in real danger of losing these funds unless it reaches on a
decision very soon on how to proceed. Before deciding how to move forward on the use of
funds, the issue about FKAA's future [see "Wastewater Governance'] must be addressed
before the staff with or without FKAA may come forward with its recommendations. Once
that decision is made, the staff suggests that the determination of specific projects and type
of projects to be implemented, such as one for Upper Sugarloaf, be identified and evaluated
as an element of the program to be funded by the grant.
Issues Needed to be Addressed:
o Need to reach a decision on how grant funds will be used and to prepare a grant
application for submittal to U.S. EP A by either the County or FKAA as sponsor,
depending upon how the governance issue is resolved concerning the FKAA.
Recommended BOCC Actions:
o Direct staff in conjunction with FKAA (depending upon the outcome of the
governance issue) to prepare recommended application for use grant funds.
Significant Milestones/Actions:
o Decision on the grant application to be submitted to EP A. [Target date:
August/September Commission meeting]
COLD SPOT PROGRAM (DCA/COUNTY FUNDS)
Background and Status. In conjunction with the Department of Health, the County's two
year cesspooVunknown systems identification and elimination program in the Cold Spots (areas
not proposed for central sewer services by 2010) is almost complete. As of May 21, 2002, The
program has replaced 96 on-site unknown or cesspools with onsite systems with nutrient reduction
at an average installation cost of $14,900. Once the remaining 44 identified systems are replaced
and receive final approval from DOH, the program will come to an end.
To complete the program, the County staff estimates the entire $850,000 grant provided by
the Department of Environmental Protection will be expended. Approximately $250,000 will be
Page 21 of23
expended from the three grants provided by the Department of Community Affairs leaving a total
of $1.075 million available under the remaining two active DCA grant contracts.
The County appropriated $1.2 million for the program, of which $1.0 million was from
FYOO 304 Funds and $0.2 million from the FYOO 148 Fund. The staff estimates that after grant
funds for the remaining systems under the Homeowners Wastewater Financial Assistance Program
and administrative fees to DOH are disbursed, approximately $678,000 of County funds will
remam.
As mentioned under the "EPA Demonstration Grant Funds", the FKAA had proposed to
use monies remaining from this program to be used in a second phase program within the Cold
Spots to upgrade existing permitted systems through cluster systems to meet the new standards.
This program would have required that the County adopt a mandatory hook -up ordinance .
However, based on its experience with the current cesspool identification and replacement
program and statutory time constraints for mandatory hookups to wastewater systems, the staff
does not believe that the DCA funds could be fully obligated with such a program before the grant
expires, even if the grant were extended from December 31,2002, to June 30, 2003. [The County
148/304 Funds used to provide for administration of the program in the Cold Spots are not under
any such time constraints.] Furthermore, although these on-site systems will have to upgrade by
2010, clearly such a program may well meet more resistance from the public than even the initial
Cold Spot program that focused on illegal and non-functioning systems.
Another option that has been put forth would be to expand the Cold Spot areas and expand
the cesspit identification and elimination program; however, such a program has the same
problems with meeting the deadlines for fund obligations due to procedural and statutory
constraints. Furthermore, unless the Work Program is amended in the Comprehensive Plan, the
expansion of Cold Spots will require that all the cesspools and unknown systems within these
newly added areas will have to be eliminated by July 2003, which the staff believes is not possible.
In addition, these areas would have to be carefully selected to ensure that areas are not ones that are
desirable in terms of density and proximity to existing/planned central systems should receive
central sewer within the next 10 to 15 years.
An option for use of the funds, recognizing the time limits on the DCA grant funds, would
be to redistributed the remaining DCA grant and County funds to financially assist committed
central sewer projects. Based on the status of current projects, the staff believes this approach is
doable and should be explored in conjunction with the FKAA staff [assuming the continued role
and responsibility of the FKAA for wastewater management in unincorporated Momoe County.]
Issues Needed to Resolved:
o Need to expeditiously determine the most practical and effective way to obligate
remaining DCA grant and County 148/304 funds.
Page 22 of 23
Recommended BOCC Action(s):
o Direct staff in conjunction with FKAA (assuming resolution of governance issue) to
evaluate and prepare recommend options for use of remaining funds.
Significant Milestones/Actions:
o Approval of reallocation of these funds to other projects. [Target Date: July
Commission meeting.]
Attachment: "Dedicated or Anticipated Revenue, Florida Keys Wastewater Projects"
Page 23 of 23
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Florida Keys
Aqueduct Authority
Post Office 80)< 1 239
1100 Kennedy Drive
Key West. ~IOtida 33041.1239
Telepllone (305) 21l6-2454
TO:
MEMORM'DUM OF TRANSMlIT AL
March 2, 2002
FROM:
COPY:
SUBJECT:
Mr. A. Todd Davison, Director
Federal Emergency Management Agency
Federal Insurance and Mitigation Division
Roger BraWl, Executive Director
Florida Keys Aqueduct Authority
Teresa Tinker, Governor's Office, State of Florida
Ken Sorensen, State Representative, District 120
James Roberts, Monroe COWlty Administrator
Darmy Kohlage, Monroe COWlty Clerk
James Hendrick, Monroe County Attorney
Science Kilner, FEMA
Miles Anderson, FDCA
Robert Feldman. General COWlsel, FKAA
Paul Feldman. Director, Env'lronmental Services, FKAA
Tim McGarry, Growth Management, Monroe COWlty
Mark Rosch, Monroe COWlty Land Authority
Nora Williams, Commissioner, Monroe County, Wastewater Liaison
Murray Nelson, CommiSSIOner, Monroe County, State Legislative LiaISon
Florida Keys Aqueduct Authority Key Largo Wastewater System under
Public Law 106-31, Emergency Supplemental Appropriations Ad for Fiscal
Year 1999 (1249 and 1259 Unmet Needs Program)
----...-------.--------------------------------------------------------
.-f-\U_
JOhn M. KoenIg. Sr
Chairman
Key West
Albert O. Appell
\/lc9-Cna;rman
Duck Key
Mary L Rice
Secretary-Treasurer
Marathon
Linda B. Wheeler
Key West
Harry E. Cronm
Key Largo
Roger Braun
Executove Director
I am taking the initiative to forward to your office an executed copy of the joint resolution between the
Board of County Commissioners, Monroe County and the Board of Directors of the Florida Keys
Aqueduct Authority reference the above subject.
Also attached in accordance with the Authority's commitment Wlder the resolution is a draft copy of the
preliminary milestones and critical event list for discussion at the joint meeting of the staffs from Monroe
County, FDCA, FEMA, and FKA,..<\ scheduled for 10:00 a.m., Tuesday, March 12th, at the FK.AA
Administration Building, 1100 Kennedy Drive, Key West, Florida.
Attachments.
MAR-03-02 10,21 FRUM'~~A KE~5 AQUcUUL, Mu,H
,
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FKAA DRAFT--KEY LARGO/FEMA
MILESTONES AND CRITICAL EVENTS LIST for discussion 03112102 Meeting
(Timelines to be developed & interlaced in an Excel spreadsheet)
MONROE COUNTY OBLIGATIONS:
1. Approved initial joint resolution with FKAA (February 14111). Recorded March 1. 2002
2. Appropriate local match to the FEMAlDCA grant funds
3. Approve advance payment of 20% of local match to FKAA
4. Reimburse FKAA for acceptable expenditures related to Key Largo (NL T 3/20/02)
5. Execute sUbsequent joint resolution with FKAA
6, Adopt a resolution approving the hot spot area(s) to be served
7. Perform surveys and assessments of the M.M. 100.5 site. including:
Updated boundary and topographic surveys
Updated property appraIsals
Updated biological assessment
Jurisdictional wetlands determination
Historical and archaeological survey
Coastal resources system survey if applicable
8. Acquire the wastewater treatment plant and vacuum pump station site at M.M. 100.5 (and
any other real property necessary for system design)
9. Create any required conservation easements on the M.M. 100.5 site
10. Convey the site at M.M. 100.5 (and any other real property necessary
for system design) to the FKAA (fee simple or lease per FKAA)
11. Adopt a joint resolution with FKAA finding financial feasibility of hot spot project
FKAA OBLIGATIONS:
1. Approved initial joint resolution with Monroe County (Feb. 20th). Recorded March 1, 2002
2, Review of preliminary hotspot area and applicable supplemental area(s} to be served.
Preliminary flow data, number of Equivalent Dwelling Units (ED Us)
Coordination of water meters w/Real Estate numbers
Private property issues, & required easements
3, Prepare preliminary project cost/budget estimate &system development charge design
4. Development of legal criteria:
ownership of system.
enforcement regulations
wastewater rules & regulations.
oollection method of local match from customer base,
5. Propose to Monroe County the "hot spot~ area(s) to be served
6. Approve subsequent joint resolution with Monroe County
7, Prepare conceptual design of collection system
8. Prepare design-build RFP front-end contract documents
9. Prepare RFP conceptual design criteria package
10. Perform preliminary geotechnical survey of site at M.M. 100.5
11, Advertise design-build RFP
12. Review design-build proposals 1 contractor selection / contract recommendation
13. Adopt a joint resolution with Monroe County finding financial feaSibility
14. Award contract. provide construction management
15. Prepare Request for Proposal for O&M contract
16. Prepare final monthly rate structure
FEMA I DCA OBLIGATIONS:
1, Complete an EA or EIS of the site at M.M, 100.5 pursuant to NEPA
2. Complete an SEA of the site at M.M. 100.5
3, Conduct the public hearing required for the M.M. 100,5 site per NEPA
--end--
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JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS
AQUEDUCT AUTHORITY
MONROE COUNlY RESOLUTION # 093-2002
FKAA RESOLUTION # 02-08
A JOINT RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTI' COMMISSIONERS AND THE
FLORIDA KEYS AQUEDUCT AUTHORITY RELATING
TO THE PROVISION OF WASTEWATER FACILITIES IN
THE KEY LARGO AREA OF MONROE COUNTY,
FLORIDA; PROVIDING FOR A COMMITMENT TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY IN
ORDER TO PRESERVE AND SECURE CERTAIN GRANT
F1JNDING FOR W ASTEW A TER PROJECT(S) IN THE KEY
LARGO AREA PROVIDING FOR MATCHING ruNDING
BY MONROE COUNTY; PROVIDING FOR
REIMBURSEMENTS BY MONROE COUNTY TO THE
FLORIDA KEYS AQUEDUCT AUTHORITY; PROVIDING
FOR THE DEVELOPMENT OF A CRITICAL EVENTS
SCHEDULE ACCEPTABLE TO FEDERAL EMERGENCY
MANAGEMENT AGENCY IN ORDER TO IMPLEMENT A
W ASTEW A TER PROJECT IN THE KEY LARGO AREA;
PROVIDING THAT THIS JOINT RESOLUTION BE
DEEMED AN INTERLOCAL AGREEMENT PURSUANT
TO SECTION 163.01, FLORIDA STATUTES; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMlSSIONERS OF
MONROE COUNTY, FLORIDA, AND THE BOARD OF DIRECTORS OF THE
FLORIDA KEYS AQUEDUCT AUTHORITY THAT:
SECTION 1. FINDINGS. It is ascertained, detennined and declared that:
(A) The Florida Keys Aqueduct Authority (the "FKAA") is a special pwpose local
government charged with the authority to provide wastewater facilities and services in
unincorporated Monroe County pursuant to a Special Act of the Horida Legislature under
Chapter 76-441, Laws of Horida. as amended.
(B) Monroe County and the FK.AA have entered into various memoranda of
understanding and other agreements that describe shared responsibilities between Monroe
County and the FKAA for the development of wastewater facilities and services in Monroe
County.
(C) Under Public Law 106-31, the Emergency Supplemental Appropriations Act for
fiscal year 1999 (1249 and ) 259 Unmet Needs Program), a supplemental appropriation was
made available to Monroe County for wastewater projects in the Key Largo area. Premised upon
the authority of the FKAA to provide wastewater facilities and services within the
unincorporated portions of Monroe County, the FKAA has been designated as sub-grantee under
the Unmet Needs Program to receive and expend grant funds for a wastewater project(s) in the
Key Largo area. The Federal Emergency Managemem Agency ("FEMA") and the State of
Florida Department of Community Affairs COCA") are charged with administering grants under
the Uomet Needs Program.
(D) In order to secure grant funding under the Unmet Needs Program, FEMA has
advised Monroe County that Monroe County and FKAA must provide a firm commitment to
immediately develop and implement wastewater project(s) in the Key Largo area or the
foregoing grant funds under the Unmet Needs Program will be withdrawn.
(E) Further, FEMA has advised Monroe County and FK.AA that a firm commitment
to proceed will require the development of a set of "milestones" or critical events to advance.
develop and implement the construction of the contemplated wastewater project(s) in the Key
Largo area and that such "milestones" or critical events thereafter must be diligently and timely
accomplished in order to continue to secure grant funding under the Unmet Needs Program.
(F) It is recognized and agreed that the FKAA has no independent source of funds for
the Key Largo Wastewater project(s) and is acting hereunder on reliance upon Monroe County
and the Vnmet Needs Program in order to fulfill its obligations hereunder,
SECTION 2. MONROE COUNTY COMMITMENTS TO FKAA. In order to
secure wastewater project funding under the Vnmet Needs Program for the Key Largo area.
Monroe County commits and agrees as follows:
(A) Monroe County shall immediately appropriate and fund all matching fund
requirements of local government under the Unmet Needs Program grant requirements. Monroe
County will forward to FKAA twenty percent (20%) of the required local match upon execution
of this resolution. Such funds to be held by FKA.A as security for the local match in a separate
fund and used for the Key Largo wastewater project(s), and otherwise segregated from all other
funds of the FKAA. Monroe County will subsequently make local match reimbursements upon
the approval of the federal/state reimbursements to FKAA. It is the intent of the panies to
recover Monroe County's local match contribution from user fees and/or special assessments.
(B) Monroe County reaffinns and acknowledges its obligation to reimburse the
FKAA for all prior legally incurred expenditures related to wastewater initiatives in the Key
Largo area and to pay in full to the FKAA all remaining reimbursements due within thirty (30)
days of the effective date of this resolution,
(C) Monroe County commits to obtain and convey to the FKAA in fee simple the
proposed wastewater treatment plant site approved by FEMA at Mile Marker 100.5 (the "Mile
Marker 100.5 Site"), Time is of the essence in acquiring the Mile Marker 100.5 Site and Monroe
MAR-03-02 16,2~ FROM,FLA K~I~ AQUEDU~. Mu,h
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County shall exercise its powers of eminent domain if it cannot otherwise expeditiously
negotiate the purchase for the site. It is recognized that the cost to acquire the site is an eligible
expense from funding under the Vnmer Needs Program and/or the required matching grant
dollars_
(D) Within fifteen (15) days after the effectjve date hereof, the FK.AA shall propose
the area(s) that wj]) be served by the Mile Marker 100.5 Site,] (sometimes commonly referred to
as a "hot spot") Monroe County shall be responsible for affinning and approving by resolution
the proposed area(s) to be served within thirty (30) days thereof.
(F) Monroe County shall work diligently with the FKAA to develop and adopt,
within sixty (60) days of the effective date hereof, a subsequent joint resolution which will
provide a series of milestones or critical events, acceptable to the FKAA and FEMA for the
completion of wastewater project(s) in the Key Largo area,
(G) Monroe County agrees to timely implement the foregoing critical events schedule
adopted by the FKAA and Monroe County as approved by FEMA
SECTION 3. FKAA COMMITMENTS TO MONROE COUNTY. In order to
secure wastewater project funding under the Vnmet Needs Program for the Key Largo area, the
FKAA commits and agrees as [o)]ows:
(A) FKAA shall work diligently with Monroe County to develop and adopt, within
sixty (60) days of the effective date hereof, a subsequent joint resolution which will provide a
series of milestones or critical events. acceptable to Monroe County and FEMA, for the
completion of wastewater project(s) in the Key Largo area (using the Mile Marker 100.5 Site),
(B) FK.AA agrees 10 timely implement the critical events schedule adopted by the
FKAA and Monroe County as approved by FEMA; provided however, that all FKAA activities
called for under this resolution shall be paid as an eligible expense from funding under the
Vnmer Needs Program and/or the required matching grant do)]ars, or otherwise reimbursed to
FKAA by Monroe County.
(C) Vpon lhe creation, establishment and organization of the Key Largo Wastewater
Treatment District (the .'District") by the Florida Legislature as an independent special purpose
local government, the FKAA agrees to conveyor otherwise transfer all wastewater facilities and
responsibilities to the District without additional cost (other than full reimbursement as set forth
in subsection (B) above) upon the District's unqualified acceptance and assumption of all
liability and responsibility associated therewith. Any such transfer shall be first subject to
approval by FEMA and DCA.
SECTION 4. INTERLOCAL AGREEMENT.
(A) This Resolution constitutes a joint exercise of power, privilege or authority by and
between Monroe County and the FKAA and shall be deemed to be an "lnterlocal Agreement"
MAR-~J-~~ Ib;~~ rKU.~:~~~ K~~~ M~ULUU~~ MUlM
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within the meaning of the Florida InterlocaJ Cooperation Act of 1969 as amended. This
Resolution shall be filed with the Clerk of the Circuit Coun of Monroe County.
(B) This Resolution shaJI remain effective until the Vomet Needs Program grant
funding addressed by lIlis resolution is expended for wastewater project(s) in lIle Key Largo area;
or, such grant funds are withdrawn by FEMA or DCA and are no longer available, and until the
FKAA has been fully paid all sums as required hereby.
SECTION 5. SEVERABILTY. Any provision of this Resolution shaJI be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provisions thereof.
PASSED AND ADOPTED by the Board of CO~J!ty Commissioners, Monroe County,
Florida at a regular meeting of said Board held on this .l..!:!.:!:: day of February 2002.
Mayor Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Nora Williams
Yes
Absent
Yes
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BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA ~
By: (J h
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DUL Y ADOPTED by the Florida Keys Aqueduct Authority thls,,<, c.., day of February
2002.
BOARD OF DIRECTORS
FLORIDA KEYS AQUEDUCT AUTHORITY
(SEAL)
tfi6 ~' ,
By: /A, ~ ~
ohn M. Koe Ig,Hhairman
J :\BONDS\2000\4155\Resolutions\ID-2,RESOLUfION.02_ I I_02,DOC
Marine Resources
RESOLUTION NO. 156 2002
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AFFIRMING THE RECOMMENDATIONS
OF THE FLORIDA KEYS AQUEDUCT AUTHORITY (FKAA)
FOR PRIMARY AND SECONDARY WASTEWATER
IMPROVEMENT PROJECT AREAS IN KEY LARGO AND
REQUESTING THAT THE FKAA BEGIN WORK
IMMEDIATELY TO FULFILL OUR OBLIGATIONS TO
FEMA FOR RECEIPT OF FEMA UNMET NEEDS GRANT
DOLLARS IN KEY LARGO AT THE PRIMARY
WASTEWATER PROJECT AREA, KEY LARGO TRAILER
VILLAGE.
WHEREAS, FEMA Unmet Needs dollars were awarded and are
available to complete wastewater improvements in the Key Largo area; and
WHEREAS, the BOCC and the FKAA adopted a joint Resolution or
Interlocal Agreement (Monroe County Resolution #093-2002; FKAA Resolution
#02-08) that establishes a series of necessary commitments to secure FEMA
Unmet Needs dollars for a wastewater improvement project in Key Largo; and
WHEREAS, Section 2. (D) of the Interlocal Agreement requires the County
to Affirm with the FKAA an appropriate primary Wastewater Improvement Project
area; and
WHEREAS, the FKAA has recommended a primary and a secondary
Wastewater Improvement Project Area, Key Largo Trailer Village and Key Largo
Park/Sunset Waterways respectively; and
WHEREAS, the priority of the Key Largo Trailer Village area stands well
above the secondary project area for two reasons,
· Greater number of unknown wastewater systems (286 VS 70),
· Higher ranking in the Sanitary Wastewater Master Plan in terms of
nutrient loading (No.2 VS No. 40); and now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA THAT:
SWMP-KL WWTPFEMASiteOl O,doc
03/061028:49 AM
Marine Resources
Section 1.
The BOCC confirms both the FKAA' s primary and secondary recommendations
for FEMA UnmetNeeds Wastewater Improvement Project Areas in Key Largo.
These sites are:
a. Key Largo Trailer Village
b. Key Largo Park/Sunset Waterways.
Section 2.
The BOCC requests that the FKAA begin immediate efforts to complete our
obligations with FEMA for receipt of FEMA Unmet Needs money allocated to
Key Largo wastewater projects, approximately $5.4 million, and that it initiate
work on the primary site, Key Largo Trailer Village.
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held onthe 20th day
of March. A.D., 2002.
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Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Nora Williams
Commissioner Murray Nelson
yes
yes
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BOARD OF COUNTY COMMISSIONERS
MONROE CO FLORIDA
BY:
APPROVED AS TO FORM AND
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SWMP-KL WWTPFEMASiteOI O.doc
03/061028:49 AM
AMENDMENT TO THE FKAA/MONROE COUNTY
JOINT RESOLUTION AND INTERLOCAL AGREEMENT
THIS AMENDMENT to a joint resolution/interlocal agreement dated February 14,
2002 (a copy of which is attached and made a part of this amendment, hereafter the
original agreement), is entered into by and between Monroe County (the County) and the
Florida Keys Aqueduct Authority (FKAA).
In consideration of the mutual promises and consideration set forth below, the
parties agree as follows:
1. The original agreement, Sec. 2A, is amended to read as follows:
Monroe County shall immediately appropriate and fund all matching fund
requirements of local government under the Unmet Needs Program grant
requirements (Project Funding $7,314,285: Federal Share $5,485,714,000,
State Share $914,286 and Local Share $914,285). Monroe County will
forward to FKAA twenty percent (20%) $182,857 of the required local match
upon execution of this resolution. Such funds are to be held by FKAA as
security for the local match in a separate fund and used for the Key Largo
wastewater project(s), and otherwise segregated from all other funds of the
FKAA. Any earned interest on these funds shall be considered as part of the
principal amount of local match funding required by Monroe County and
subject to same conditions of expenditure. Upon FKAA written request based
on previous expenditure documentation, Monroe County will subsequently
make local match reimbursements up to the stated 20% ($182,857) upon the
approval of the federal/state reimbursements to FKAA. It is the intent of the
parties to recover Monroe County's local match contribution from user fees
and/or special assessments.
For all matching funds forwarded or transferred to the FKAA under this
agreement, the FKAA must establish fiscal control and fund accounting
procedures that comply with generally accepted government accounting
principles, satisfactory to the County's Clerk, in order to assure that the
County matching funds forwarded or transferred to the FKAA are spent for the
purposes set forth in this agreement. All FKAA financial records pertaining to
this agreement must be made available, upon request, to the Clerk, an auditor
employed by the County or the State of Florida. Any matching funds
forwarded or transferr~d by the County to the FKAA under this agreement that
are determined by the Clerk, an auditor employed by the County or employed
by the State to have been spent on a purpose not contemplated by this
agreement must be paid back to the County with interest calculated pursuant
to Sec. 55.03(1), F.S., from the date the auditor determines the funds were
expended for a purpose not authorized by this agreement. The FKAA agrees to
provide the County Clerk and Administrator with quarterly status reports
concerning the expenditure of County matching funds in sufficient detail to
demonstrate compliance with the provisions of this joint resolution and
interlocal agreement.
. .
2. This amendment will take effect when .executed by both parties and filed with the
Clerk of the Circuit Court.
. ~4N:~NESS WHEREOF, the parties hereto have set their hands and seals the day
and ,Ye-c.l(~_effD~h below.
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COI;7' FLORIDA
By ~
Mayor/Chairman
Date 111~ 2.1:>, 1,. 0 ('J 1-
(SEAL)
ATTEST: FLORIDA KEYS AQUEDUCT AUTHORITY
By ~d~
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Date 3,,~ -1~/'CVI!!",s/ .3' ;),,7-6..2-
By?rn I(~ 6pW
Chairma
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R ERT N .
DATE ,3 - Ii. CJ "Z.
OINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS
AQUEDUCT AUTHORITY
MONROE COUNTY RESOLUTION # 093-2002
FKAA RESOLUTION # 02-08
A JOINT RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE
FLORIDA KEYS AQUEDUCI' AUTHORITY RELATING
TO THE PROVISION OF WASTEWATER FACILITIES IN
THE KEY LARGO AREA OF MONROE COUNTY,
FLORIDA; PROVIDING FOR A COMMITMENT TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY IN
ORDER TO PRESERVE AND SECURE CERTAIN GRANT
FUNDING FOR W ASTEW A TER PROJECI'(S) IN THE KEY
LARGO AREA PROVIDING FOR MATCHING FUNDING
BY MONROE COUNTY; PROVIDING FOR
REIMBURSEMENTS BY MONROE COUNTY TO THE
FLORIDA KEYS AQUEDUCT AUTHORITY; PROVIDING
FOR THE DEVELOPMENT OF A CRITICAL EVENTS
SCHEDULE ACCEPTABLE TO FEDERAL EMERGENCY
MANAGEMENT AGENCY IN ORDER TO IMPLEMENT A
W ASTEW A TER PROJECT IN THE KEY LARGO AREA;
PROVIDING THAT THIS JOINT RESOLUTION BE
DEEMED AN INTERLOCAL AGREEMENT PURSUANT
TO SECI'ION 163.01, FLORIDA STATUTES; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AND THE BOARD OF DIRECI'ORS OF THE
FLORIDA KEYS AQUEDUCT AUTHORITY THAT:
SECTION 1. FlNDINGS. It is ascertained, determined and declared that:
(A) The Florida K~ys Aqueduct Authority (the uFKAA") is a special purpose local
government charged with the authority to provide wastewater facilities and services in
unincorporated Monroe County pursuant to a Special Act of the Florida Legislature under
Chapter 76-441, Laws of Florida, as amended.
(B) Monroe CounJY, and the FKAA have entered into various memoranda of
understanding and other agreements that describe shared responsibilities between Monroe
County and the FKAA for the development of wastewater facilities and services in Monroe
County.
(C) Vnder Public Law 106-31, the Emergency SuppJemental Appropriations Act for
fiscal year 1999 (1249 and J 259 Vnmet Needs Program), a Supplemental appropriation was
made available to Monroe County for wastewater projects in the Key Largo area. Premised Upon
the authority of the FKAA to provide wastewater faciJities and services within the
unincorporated portions of Monroe County, the FKAA has been designated as sub-grantee under
the Vnmet Needs Program to receive and expend grant funds for a wastewater project(s) in the
Key Largo area. The FederaJ Emergency Management Agency ("FEMA") and the State of
Florida Department of Community Affairs ("DCA") are charged with administering grants under
the Vnmet Needs Program.
(D) In order to secure grant funding under the Vnmet Needs Program, FEMA has
advised Monroe County that Monroe County and FKAA must provide a firm commitment to
immediateJy develop and implement wastewater project(s) in the Key Largo area or the
foregoing grant funds under the Vnmet Needs Program wiJ] be withdrawn.
(E) Further, FEMA has advised Monroe County and FKAA that a firm commitment
to proceed wiJ] require the development of a set of "milestones" or critical events to advance,
deveJop and impJement the construction of the contemplated wastewater project(s) in the Key
Largo area and that such "milestones" or critical events thereafter must be diligently and timely
accomplished in order to continue to secure grant funding under the Vnmet Needs Program.
(F) It is recognized and agreed that the FKAA has no independent Source of funds for
the Key Largo Wastewater project(s) and is acting hereunder on reliance Upon Monroe County
and the Vnmet Needs Program in order to fulfiJJ its obligations hereunder.
SECTION 2. MONROE COUNTY COMMITMENTS TO FKAA. In order to
secure wastewater project funding under the Vnmet Needs Program for the Key Largo area,
Monroe County commits and agrees as foJJows:
(A) Monroe County shaJJ immediately appropriate and fund aJJ matching fund
requirements of local government under the Vnmet Needs Program grant requirements. Monroe
County wiJ] forward to FKAA twenty percent (20%) of the required local match upon execution
of this resolution. Such funds to be held by FKAA as security for the local match in a separate
fund and used for the Key Largo wastewater project(s), and otherwise segregated from aJJ other
funds of the FKAA. Monroe County wiJ] subsequently make local match reimbursements upon
the approvaJ of the federaV.~tl'ue reimbursements to FKAA. It is the intent of the parties to
recover Monroe County's local 'match contribution from user fees and/or special assessments.
(B) Monroe County reaffirms and acknowledges its obligation to reimburse the
FKAA for aJJ prior Jegally incurred expenditures related to wastewater initiatives in the Key
Largo area and to gay in fuJJ to the FKAA aIJ remaining reimbursements due within thirty (30)
days of the effective date of thi's 'resolution.
(C) Monroe County commits to obtain and convey to the FKAA in fee simple the
proposed wastewater treatment plant site approved by FEMA at Mile Marker lOO.5 (the "Mile
Marker 100.5 Site"). Time is of the essence in acquiring the Mile Marker 100.5 Site and Monroe
CouDly shall exercise its powers of emioent domain if it cannot otherwise expeditiously
negotiate the purchase for the site. It is recognized that the cost to acquire the site is an eligible
expense from funding under the Unmet Needs Program and/or the required matching grant
doHars.
(D) Within fifteen (I5) days after the effective date hereof, the FKAA shall propose
the area(s) that wiIJ ~ served by the Mile Marker 100.5 Site,] (sometimes commonly referred to
as a "hot spot") Monroe County shall be responsible for affirming and approving by resolution
the proposed area(s) to be served within thiny (30) days thereof.
(F) Monroe County shall work diligently with the FKAA to develop and adopt,
within sixty (60) days of the effective date hereof, a subsequent joint resolution which will
provide a series of milestones or critical events, acceptable to the FKAA and FEMA for the
completion of wastewater project(s) in the Key Largo area.
(0) Monroe County agrees to timely implement the foregoing critical events schedule
adopted by the FKAA and Monroe County as approved by FEMA.
SECTION 3. FKAA COMMITMENTS TO MONROE COUNTY. In order to
secure wastewater project funding under the Unmet Needs Program for the Key Largo area, the
FKAA commits and agrees as follows:
(A) FKAA shall work diligently with Monroe County to develop and adopt, within
sixty (60) days of the effective date hereof, a subsequent joint resolution which will provide a
series of milestones or critical events, acceptable to Monroe County and FEMA, for the
completion of wastewater project(s) in the Key Largo area (using the Mile Marker 100.5 Site).
.
(B) FKAA agrees to timely implement the critical events schedule adopted by the
FKAA and Monroe County as approved by FEMA; provided however, that all FKAA activities
called for under this resolution shaH be paid as an eligible expense from funding under the
Unmet Needs Program and/or the required matching grant dollars, or otherwise reimbursed to
FKAA by Monroe County.
(C) Upon the creation, establishment and organization of the Key Largo Wastewater
Treatment District (the "District") by the Aorida Legislature as an independent special pUrpose
local government, the FKAA ~grees to conveyor otherwise transfer all wastewater facilities and
responsibilities to the District without additional cost (other than full reimbursement as set fonh
in subsection (B) above) upon the District's unqualified acceptance and assumption of all
liability and responsibility associated therewith. Any such transfer shall be first subject to
approval by FEMA and DCA.
SECTION 4. INTERLOCAL AGREEMENT.
(A) This Resolution constitutes a joint exercise of power, privilege or authority by and
between Monroe County and the FKAA and shall be deemed to be an "Interlocal Agreement"
within the meaning of the Florida Interlocal Cooperation Act of 1969 as amended. This
Resolution shaH be filed with the Clerk of the Circuit Court of Monroe County.
(B) This Resolution shaH remain effective until the Vnmet Needs Program grant
funding addressed by this resolution is expended for wastewater project(s) in the Key Largo area;
or, such grant funds are withdrawn by FEMA or DCA and are no longer available, and until the
FKAA has been fully paid all sums as required hereby.
SECTION 5. SEVERABILTY. Any provision of this Resolution shall be held invalid
or unenforceable by any court of competent jUriSdiction, such holding shall not invalidate or
render unenforceable any other provisions thereof.
PASSED AND ADOPTED by the Board of CO'J!ty Commissioners, Monroe County,
Florida at a regular meeting of said Board held on this .1.!::t.5: day of February 2002.
Mayor Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner pixie Spehar
Commissioner Nora Wj)]iams
Yes
-
Absent
-
~
--Y..e..L
--Y..e..L
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA "
By: () JJ
MaYOr/Chai~i
:G~h~~
eputy Cle
. , '.
APPROVE.D AS T FORM
A G
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2002.
-t~
DULY ADOPTED by !he Florida Keys Aqueduct AUlbori.y this 20 day of February
BOARD OF DIRECTORS
FLORIDA KEYS AQUEDUCT AUTHORITY
(SEAL)
~ ~<
By: /~ ~
obit M. Koe 19Hhairman
Attest:
] :\BONDS\2000w155\RcsoJUhOns\lD_2.RESOLUTION.02_ J J _02.DOC
. " '.
JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS
AOUEDUCT AUTHORITY (ABril!'. 2002)
-
MONROE COUNTY RESOLUTION # 227-2002
FKAA RESOLUTION # 02- 20
A JOINT RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE
FLORIDA KEYS AQUEDUCT AUTHORITY RELATING TO
THE PROVISION OF WASTEWATER FACILITIES IN THE
CONCH KEY AND BAY POINT AREAS OF MONROE
COUNTY, FLORIDA; PROVIDING FOR A COMMITMENT
TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY
IN ORDER TO PRESERVE AND SECURE CERTAIN GRANT
FUNDING FOR W ASTEW ATER PROJECf(S) IN THE
CONCH KEY AND BAY POINT AREAS PROVIDING FOR
MATCHING FUNDING BY MONROE COUNTY; PROVIDING
FOR REIMBURSEMENTS BY MONROE COUNTY TO THE
FLORIDA KEYS AQUEDUCT AUTHORITY; PROVIDING
FOR THE DEVELOPMENT OF A CRITICAL EVENTS
SCHEDULE ACCEPTABLE TO FEDERAL EMERGENCY
MANAGEMENT AGENCY IN ORDER TO IMPLEMENT A
WASTEWATER PROJECT IN THE CONCH KEY AND BAY
POINT AREAS; PROVIDING THAT THIS JOINT
RESOLUTION BE DEEMED AN INTERLOCAL
AGREEMENT PURSUANT TO SECTION 163.01, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AND THE BOARD OF DIRECTORS OF THE FLORIDA
KEYS AQUEDUCf AUTHORITY THAT:
SECTION 1. FlNDINGS. It is ascertained, detennined and declared that:
!
(A) The Florida Keys Aqueduct Authority (the "FKAA") is a special purpose local
government charged with the authority to provide wastewater facilities and services in
unincorporated Monroe County pursuant to a Special Act of the Florida Legislature under Chapter
76-441, Laws of Florida, as amended.
(B) Monroe County and the FKAA have entered into various memoranda of
understanding and other agreements that describe shared responsibilities between Monroe County
and the FKAA for the development of wastewater facilities and services in Monroe County.
(C) Under Public Law 106-31, the Emergency Supplemental Appropriations Act for
fiscal year 1999 (1249 and 1259 Urunet Needs Program), a supplemental appropriation was made
available to Monroe County for wastewater projects in the Conch Key and Bay Point areas.
Premised upon the authority of the FK.AA to provide wastewater facilities and services within the
unincorporated portions of Monroe County, the FK.AA has been designated as sub-grantee under
the Unmet Needs Program to receive and expend grant funds for a wastewater project(s) in the
Conch Key and Bay Point areas. The Federal Emergency Management Agency (UFEMA") and the
State of Florida Department of Community Affairs ("DCA") are charged with administering grants
under the Unmet Needs Program.
(0) In order to continue to receive state and federal grant funding under the Unmet
Needs Program, for the Conch Key and Bay point areas FEMA has advised Monroe County and
FK.AA there needs to be a firm commitment to continue to develop and implement wastewater
projects for the Conch Key and Bay Point areas.
(E) Further, FEMA has advised Monroe County and FKAA that a firm commitment to
proceed will require the development of a set of ''milestones'' or critical events to advance, develop
and implement the construction of the contemplated wastewater project(s) in the Conch Key and
Bay Point areas and that such "milestones" or critical events thereafter must be diligently and timely
accomplished in order to continue to secure grant funding under the Unmet Needs Program.
(F) It is recognized and agreed that the FKAA has no independent source of funds for
the Conch Key area and Bay Point area wastewater project(s) and has initially borrowed funds
through a loan to meet the initial local match portion and is acting hereunder on reliance upon
Monroe County and the Unmet Needs Program in order to fulfill its obligations hereunder.
SECTION 2. MONROE COUNTY COMMITMENTS TO FKAA. In order to
continue to secure wastewater project funding under the Unmet Needs Program for the Conch Key
area and Bay Point area, Monroe County commits and agrees as follows:
(A) Monroe County shall immediately appropriate and fund all matching fund
requirements of local government under the Unmet Needs Program grant requirements for Conch
Project ($1,864,285 ), Federal Share $1,398,215, State Share $233,035, and Local Share $233,035
and the Bay Point Project ($4,022,464) Federal Share $3,016,848, State Share $502,808 and Local
Share $502,808. Momoe County will forward to FKAA twenty percent (20%) of the required local
match upon execution of this resolution for reimbursement of authorized expenditures under the
executed Phase I agreements with the Florida Department of Community Affairs. Such funds to be
held by FK.AA as security for the local match in a separate fund and used solely for the Conch Key
and Bay Point wastewater project(s), and otherwise segregated from all other funds of the FKAA.
Any earned interest on these funds shall be considered as part of the principal amount of local
match funding required by Momoe County and subject to same conditions of expenditure. Upon
FK.AA written request based on previous expenditure documentation, Monroe County will
subsequently make local match reimbursement up to the stated 20% for Conch Key ($46,607) and
for Bay Point ($100,561) Monroe County will subsequently make local match reimbursements upon
the approval of the federal/state reimbursements to FKAA, It is the intent of the parties to recover
Monroe County's local match contribution from user fees and/or special assessments.
For all matching funds forwarded or transferred to the FKAA under this agreement, the FKAA must
establish fiscal control and fund accounting procedures that comply with generally accepted
government accounting principles, satisfactory to the County's Clerk, in order to assure that the
County matching funds forwarded or transferred to the FKAA are spent for the purposes set forth in
this agreement. All FKAA financial records pertaining to this agreement must be made available,
upon request, to the Clerk, an auditor employed by the County or State of Florida. Any matching
funds forwarded or transferred by the County to the FKAA under this agreement that are
determined by the clerk, an auditor employed by the County or employed by the State to have been
spent on a purpose not contemplated by this agreement must be paid back to the County with
interest calculated pursuant to Sec. 55,03 (1), F.S., from the date the auditor determines the funds
were expended for a purpose not authorized by this agreement. The FKAA agrees to provide the
County Clerk and Administrator with quarterly status reports concerning the expenditure of County
matching funds in sufficient detail to demonstrate compliance with the provisions of this joint
resolution and interlocal agreement.
(B) Monroe County reaffirms and acknowledges its obligation to reimburse the FKAA
for all prior legally incurred expenditures prior to the execution of the Phase I Agreement with
DCA, related to wastewater initiatives in the Conch Key area ($12,946) and to pay in full to the
FKAA within thirty (30) days upon review and approval by the County Clerk.
(C) Monroe County commits to obtain a proposed wastewater treatment plant site(s) to
serve Conch Key area and Bay Point areas. Monroe County shall exercise its powers of eminent
domain if it cannot otherwise expeditiously negotiate the purchase for the sites. It is recognized that
the cost to acquire the site is an eligible expense from funding under the Unmet Needs Program
and/or the required matching grant dollars.
(D) Upon execution of a construction contract for a wastewater treatment and collection
system for the Conch Key area and/or the Bay Point area, FK.AA shall enter into a sub-agreement
with Monroe County. Under the sub-agreement, Monroe County shall be responsible for the
provision directly or by subcontract of construction management, administration and inspection, all
of which shall be an eligible project expense as either local match and/or project reimbursement
from state/federal match.
(E) Monroe County shall work diligently with the FKAA to develop and adopt, within
sixty (60) days of the effective date hereof, a series of milestones or critical events, acceptable to
the FKAA and FEMA for the completion of wastewater project(s) in the Conch Key area and the
Bay Point area..
(F) Monroe County agrees to timely implement the foregoing critical events schedule
adopted by the FKAA and Monroe County as approved by FEMA.
SECTION 3. FKAA COMMITMENTS TO MONROE COUNTY. In order to
continue to secure wastewater project funding under the Unmet Needs Program for the Conch Key
area and the Bay Point area, the FKAA commits and agrees as follows:
(A) FK.AA shall work diligently with Monroe County to develop and adopt, within sixty
(60) days of the effective date hereof, a series of milestones or critical events, acceptable to Monroe
County and FEMA, for the completion of wastewater project(s) in the Conch Keyarea and Bay
Point area.
(B) FK.AA agrees to timely implement the critical events schedule adopted by the FKAA
and Momoe County as approved by FEMA; provided however, that all FKAA activities called for
under this resolution shall be paid as an eligible expense from funding under the Unmet Needs
Program and/or the required matching grant dollars, or otherwise reimbursed to FKAA by Monroe
County.
(C) Upon the creation, establishment and organization by Momoe County of a division
or department of local government and/or any officially designated entity to assume wastewater
authority and responsibility, the FKAA agrees to conveyor otherwise transfer all wastewater
facilities and responsibilities to Monroe County without additional cost (other than full
reimbursement as set forth in subsection (B) above) upon Monroe County's unqualified acceptance
and assumption of all liability and responsibility associated therewith. Any such transfer shall be
first subject to approval by FEMA and DCA.
SECTION 4. INTERLOCAL AGREEMENT.
(A) This Resolution constitutes a joint exercise of power, privilege or authority by and
between Monroe County and the FKAA and shall be deemed to be an "Interlocal Agreement"
within the meaning of the Florida Interlocal Cooperation Act of 1969 as amended. This Resolution
shall be filed with the Clerk of the Circuit Court of Monroe County.
(B) This Resolution shall remain effective until the Unmet Needs Program grant funding
addressed by this resolution is expended for wastewater project(s) in the Conch Key area and Bay
Point area; or, such grant funds are withdrawn by FEMA or DCA and are no longer available, and
until the FK.AA has been fully paid all sums as required hereby.
SECTION 5. SEVERABILTY. Any provision of this Resolution shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provisions thereof.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe County,
Florida at a regular meeting of said Board held on this l.i.th. day of~lM,y 2002.
o
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absent
By:
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA
Mayar/Chai9.J"n
APPROVED AS TO F M
AND L AL SUFFI C
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DATE
nUL Y ADOPTED by the Florida Keys Aqueduct Authority this '7 day of April 2002.
BOARD OF DIRECTORS
FLORIDA KEYS AQUEDUCT AUTHORITY
(SEAL)
By:
ffi~~~
o M. Ko"" g, Sr., "Oirman
Attest:
'-I)(~ 0( ~
Mary L. Rice, retary- Treasurer:
APR-16-02 12,17 FROM,FLA KEYS AQUEDUCT AUTH
April 16, 2002
TO:
FROM:
SUBJECT:
COPY:
Attachment:
ID'3052963521
PAGE
2/8
Florida Keys
Aqueduct Authority
-:.,;~:~..
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John M. Koenig, Sr.
Chairman
Key West
Albert O. Appell
Vice-Chairr'an
Duck Key
Mary L. Rice
Secretary- Treasurer
Marathon
Post OffieQ Sox 1239
1100 Kennedy Drive
Kay West. Florida 33G41-1239
Telephone (305) 296-2454
Linda a. Wheeler
Key West
Harry E. Cronin
Key Largo
Roger Bra u n
Executive Director
James Roberts, County Administrator and
Board of County Commissioners, Monroe County
Roger Braun, Executive Director ~.
April 9, 2002 Conch Key Informational Request
From County Commissioner Nora Williams, Wastewater Liaison
I) FKAA. statement as to Conch Key separate plant vs. connection to
to Hawk's Cay costs
2) Hawk's Cay hook~up could endanger FEMA funding
James Hendrick, Momoe County Attorney
Tim McGarry, Director of Growth Management, Monroe County
Mark Rosch, Executive Director, Monroe County Land Authority
Robert Feldman., FKAA General Counsel
Paul Feldman, Director of Environmental Services, FKAA
Board of Directors, FKAA
Todd Davison, FEMA
Science Kilner, FEMA
Miles Anderson, DCA
Proposed Joint Resolution (per deletion in original copy of previous
reference to Key Largo as discussed with Director of Growth l\'Ianagement,
4/16/02)
The following information is provided in response to the above subject request and pending
proposed joint resolution:
As discussed at the March 12, 2002 meeting with DCA, FEMA, Momoe C01n1ty and FKAA staff
members the plans are for the FKAA to continue with the design, planning and preparation of
bid documents for a vacuum collection system, vacuum pump station, force main and effluent
delivery to the existing Hawks Cay Plant. There was to be a resolution prepared by the County
for their April meeting reference the commitment to the local match funds and definition of
ArR-16-02 12,17 FROM,FLA KEYS AQUEDUCT AUTH
10,3052863521
PAGE
3/8
responsibilities between the County and FK.AA (similar to the joint resolution for Key Largo
reference FEMA funding) in order for FK.AA to continue with their Phase I agreement with
DCA/FEMA-
FEMA made it clear at the meeting of March 12th, that the state/federal funds were to be for the
direct benefit of the Conch Key(s) property owners and that the plan was to bring the effluent to
the existing Hawk's Treatment Plant. FEMA stated that the state/federal funds were not to be
used for treatment plant upgrades. It was discussed that the Conch Key property owners through
System Development Charges or assessments would proportionately be responsible for any
permit requirement plant upgrades.
Since there have been other county issues concerning Hawks CaylDuck Key, it was learned that
a county resolution had not been generated. FK.AA then prepared the joint resolution for
consideration and aEproval at the BOCC's April 17th meeting and FKAA Board of Directors'
meeting of April 17 . Tbis resolution mirrors the previous resolution for Key Largo/FEMA and
provides for future flexibility of any officially designated entity to asswne wastewater authority
and responsibility.
The FK.AA has notified the Governor's office, DCA and FEMA that based 011 the passage of
joint resolution (April 17th) it is prepared to continue to proceeding with preliminary plans for the
design and construction of a vacuum wastewater collection system to serve Conch Key. TIlls
plan includes a vacuum pump station that will direct wastewater flow to the existing Hawk's Cay
Plant for treatment and disposal. TIlls minor deviation from the recommendation in the Sanitary
Wastewater Master Plan for a stand-alone treatment plant on Conch Key is based on the
following:
1. The limited availability of suitable land on Conch Key to accommodate a stand-alone
\V\VTP.
2. Previous public opposition by a number of Conch Key property owners and residents to
the installation of a stand-alone WWTP on Conch Key.
3. The reasonably close proximity of Conch Key to the existing Hawk's Cay WWTP.
4. Reserve capacity in the existing Hawk's Cay \VWTP is sufficient to accommodate the
additional flow from Conch Key without the need to expand the Hawk's Cay WWTP at
this time.
5. Reserve capacity in the existing Hawk's Cay WWTP is sufficient to accommodate the
additional flow from Conch Key without the need to upgrade the level of treatment at the
Hawk's Cay WWTP-
6. Additional wastewater flow vviIl be available in the event the existing reuse irrigation
system serving the Hawk's Cay Resort is expanded in the future.
7. Based on current cost estimates for design, construction, operation and maintenance, the
life cycle cost of directing wastewater flow from Conch Key to the Hawk's Cay WWfP
was determined to be lower than the life cycle cost of a stand-alone \V\VTP on Conch
Key_
APR-16-02 12,17 FROM,FLA KEYS AQUEDUCT AUTH
10,3052963521
PAGE
4/8
Life cycle costs consider all costs for operation and maintenance of the wastewater system,
including but not limited to the following:
Operation and maintenance of the wvrrP
Operation and maintenance of the collection system
Electrical power costs (treatment and collection)
Chemicals
Customer billing
Customer service
Insurance
Building and grounds maintenance
Sampling and laboratory testing
Regulatory compliance and reporting
Permitting and licensing
Renewal and replacement coverage
Debt service revenue coverage
Legal, finance, accounting, auditing, procurement, engineering, rate setting, information
system services, general administration and other internal and external professional
servIces
JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS
AOUEDUCT AUTHORITY (ADriI17. 2002)
MONROE COllNTY RESOLUTION # 227-2002
EKAA RESOLUTION # 02 - 2 0
A JOINT RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE
FLORIDA KEYS AQUEDUCT AUTHORITY RELATING TO
THE PROVISION OF WASTEWATER FACILITIES IN THE
CONCH KEY AND BAY POINT AREAS OF MONROE
COUNTY, FLORIDA; PROVIDING FOR A COMMITMENT
TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY
IN ORDER TO PRESERVE AND SECURE CERTAIN GRANT
FUNDING FOR WASTEWATER PROJECT(S) IN THE
CONCH KEY AND BAY POINT AREAS PROVIDING FOR
MATCHING FUNDING BY MONROE COUNTY; PROVIDING
FOR REIMBURSEMENTS BY MONROE COUNTY TO THE
FLORIDA KEYS AQUEDUCT AUTHORITY; PROVIDING
FOR THE DEVELOPMENT OF A CRITICAL EVENTS
SCHEDULE ACCEPTABLE TO FEDERAL EMERGENCY
MANAGEMENT AGENCY IN ORDER TO IMPLEMENT A
WASTEWATER PROJECT IN THE CONCH KEY AND BAY
POINT AREAS; PROVIDING THAT THIS JOINT
RESOLUTION BE DEEMED AN INTERLOCAL
AGREEMENT PURSUANT TO SECTION 163.01, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AND THE BOARD OF DIRECTORS OF THE FLORIDA
KEYS AQUEDUCT AUTHORITY THAT:
SECTION 1. FINDINGS. It is ascertained, determined and declared that:
.I
(A) The Florida Keys Aqueduct Authority (the "FKAA") is a special purpose local
government charged with the authority to provide wastewater facilities and services in
unincorporated Monroe County pursuant to a Special Act of the Florida Legislature under Chapter
76-441, Laws of Florida, as amended.
(B) Monroe County and the FKAA have entered into various memoranda of
understanding and other agreements that describe shared responsibilities between Monroe County
and the FKAA for the development of wastewater facilities and services in Monroe County.
(C) Under Public Law 106-31, the Emergency Supplemental Appropriations Act for
fiscal year 1999 (1249 and 1259 Unmet Needs Program), a supplemental appropriation was made
available to Monroe County for wastewater projects in the Conch Key and Bay Point areas.
Premised upon the authority of the FKAA to provide wastewater facilities and services within the
unincorporated portions of Monroe County, the FKAA has been designated as sub-grantee under
the Unmet Needs Program to receive and expend grant funds for a wastewater project(s) in the
Conch Key and Bay Point areas. The Federal Emergency Management Agency (''FEMAn) and the
State of Florida Department of Community Affairs (''DCA'') are charged with administering grants
under the Umnet Needs Program.
(D) In order to continue to receive state and federal grant funding under the Unmet
Needs Program, for the Conch Key and Bay point areas FEMA has advised Monroe County and
FKAA there needs to be a firm commitment to continue to develop and implement wastewater
projects for the Conch Key and Bay Point areas.
(E) Further, FEMA has advised Monroe County and FKAA that a finn commitment to
proceed will require the development of a set of ''milestones'' or critical events to advance, develop
and implement the construction of the contemplated wastewater project(s) in the Conch Key and
Bay Point areas and that such "milestones" or critical events thereafter must be diligently and timely
accomplished in order to continue to secure grant funding under the Unmet Needs Program.
(F) It is recognized and agreed that the FKAA has no independent source of funds for
the Conch Key area and Bay Point area wastewater project(s) and has initially bOlTOwed funds
through a loan to meet the initial local match portion and is acting hereunder on reliance upon
Monroe County and the Unmet Needs Program in order to fulfill its obligations hereunder.
SECTION 2. MONROE COUNTY COMMITMENTS TO FKAA. In order to
continue to secure wastewater project funding under the Unmet Needs Program for the Conch Key
area and Bay Point area, Monroe County commits and agrees as follows:
(A) Monroe County shall immediately appropriate and fund all matching fund
requirements of local government under the Unmet Needs Program grant requirements for Conch
Project ($1,864,285 ), Federal Share $1,398,215, State Share $233,035, and Local Share $233,035
and the Bay Point Project ($4,022,464) Federal Share $3,016,848, State Share $502,808 and Local
Share $502,808. Momoe County will forward to FKAA twenty percent (20%) of the required local
match upon execution of this resolution for reimbursement of authorized expenditures under the
executed Phase I agreements with the Florida Department of Community Affairs. Such funds to be
held by FKAA as security for the local match in a separate fund and used solely for the Conch Key
and Bay Point wastewater project(s), and otherwise segregated from all other funds of the FKAA.
Any earned interest on these funds shall be considered as part of the principal amount of local
match funding required by Monroe County and subject to same conditions of expenditure. Upon
FKAA written request based on previous expenditure documentation, Monroe County will
subsequently make local match reimbursement up to the stated 20% for Conch Key ($46,607) and
for Bay Point ($100,561) Monroe County will subsequently make local match reimbursements upon
the approval of the federal/state reimbursements to FKAA. It is the intent of the parties to recover
Monroe County's local match contribution from user fees and/or special assessments.
For all matching funds forwarded or transferred to the FKAA under this agreement, the FKAA must
establish fiscal control and fund accounting procedures that comply with generally accepted
government accounting principles, satisfactory to the County's Clerk, in order to assure that the
County matching funds forwarded or transferred to the FKAA are spent for the pwposes set forth in
this agreement. All FKAA financial records pertaining to this agreement must be made available,
upon request, to the Clerk, an auditor employed by the County or State of Florida. Any matching
funds forwarded or transferred by the County to the FKAA under this agreement that are
determined by the clerk, an auditor employed by the County or employed by the State to have been
spent on a purpose not contemplated by this agreement must be paid back to the County with
interest calculated pursuant to Sec. 55.03 (1), F.S., from the date the auditor determines the funds
were expended for a purpose not authorized by this agreement. The FKAA agrees to provide the
County Clerk and Administrator with quarterly status reports concerning the expenditure of County
matching funds in sufficient detail to demonstrate compliance with the provisions of this joint
resolution and interlocal agreement.
(B) Monroe County reaffirms and acknowledges its obligation to reimburse the FKAA
for all prior legally incurred expenditures prior to the execution of the Phase I Agreement with
DCA, related to wastewater initiatives in the Conch Key area ($12,946) and to pay in full to the
FKAA within thirty (30) days upon review and approval by the County Clerk.
(C) Monroe County commits to obtain a proposed wastewater treatment plant site(s) to
serve Conch Key area and Bay Point areas. Monroe County shall exercise its powers of eminent
domain if it cannot otherwise expeditiously negotiate the purchase for the sites. It is recognized that
the cost to acquire the site is an eligible expense from funding under the Unmet Needs Program
and/or the required matching grant dollars.
(D) Upon execution of a construction contract for a wastewater treatment and collection
system for the Conch Key area and/or the Bay Point area, FKAA shall enter into a sub-agreement
with Monroe County. Under the sub-agreement, Monroe County shall be responsible for the
provision directly or by subcontract of construction management, administration and inspection, all
of which shall be an eligible project expense as either local match and/or project reimbursement
from state/federal match.
(E) Monroe County shall work diligently with the FKAA to develop and adopt, within
sixty (60) days of the effective date hereof, a series of milestones or critical events, acceptable to
the FKAA and FEMA for the completion of wastewater project(s) in the Conch Key area and the
Bay Point area..
(F) Monroe County agrees to timely implement the foregoing critical events schedule
adopted by the FKAA and Monroe County as approved by FEMA.
SECTION 3. FKAA COMMITMENTS TO MONROE COUNTY. In order to
continue to secure wastewater project funding under the Unmet Needs Program for the Conch Key
area and the Bay Point area, the FKAA commits and agrees as follows:
(A) FKAA shall work diligently with Monroe County to develop and adopt, within sixty
(60) days of the effective date hereof, a series of milestones or critical events, acceptable to Monroe
County and FEMA, for the completion of wastewater project(s) in the Conch Keyarea and Bay
Point area.
(B) FKAA agrees to timely implement the critical events schedule adopted by the FKAA
and Monroe County as approved by FEMA; provided however, that all FKAA activities called for
under this resolution shall be paid as an eligible expense from funding under the Unmet Needs
Program and/or the required matching grant dollars, or otherwise reimbursed to FKAA by Monroe
County.
(C) Upon the creation, establishment and organization by Monroe County of a division
or department of local government and/or any officially designated entity to assume wastewater
authority and responsibility, the FKAA agrees to conveyor otherwise transfer all wastewater
facilities and responsibilities to Monroe County without additional cost (other than fill)
reimbursement as set forth in subsection (B) above) upon Monroe County's unqualified acceptance
and assumption of all liability and responsibility associated therewith. Any such transfer shall be
first subject to approval by FEMA and DCA.
SECTION 4. INTERLOCAL AGREEMENT.
(A) This Resolution constitutes a joint exercise of power, privilege or authority by and
between Monroe County and the FKAA and shall be deemed to be an "Interlocal Agreement"
within the meaning of the Florida Interlocal Cooperation Act of 1969 as amended. This Resolution
shall be filed with the Clerk of the Circuit Court of Monroe County.
(B) This Resolution shall remain effective until the Unmet Needs Program grant funding
addressed by this resolution is expended for wastewater project(s) in the Conch Key area and Bay
Point area; or, such grant funds are withdrawn by FEMA or DCA and are no longer available, and
until the FKAA has been fully paid all sums as required hereby.
SECTION S. SEVERABILTY. Any provision of this Resolution shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provisions thereof
PASSED AND ADOPTED by the Board of County Commissioners, Monroe County,
Florida at a regular meeting of said Board held on this 15-th. day O(~lij,y 2002.
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By:
BOARD OF COUNTY COMMISSIONERs OF
MONROE COUNTY, FLORIDA
Mayor/Chait
APPROVED AS TO F M
AND AL SUFFI C
DULY ADOPTED by the Florida Keys Aqueduct Authority this I 7 day of April 2002.
BOARD OF DIRECTORS
FLORIDA KEYS AQUEDUCT AUTHORITY
(SEAL)
By:
~*~
o M. Ko - g, Sr., ainnaU
Attest:
M~~_~
FJ;OM: ~
FAX NO. :
Jun. 11 2002 08:37AM Pi
Oli-OB-Dl
14:28
FR~Snlth, Hlmmllch, Burke' Brannl.an
Post-it'" Fax Note
Co
KWRESORTU Fnll' ~
6130 FI
Stock Island, florida 33040
PhnMII
F.. .
June S. 2002
VIA FACSIMILE J05-292-4j44
Monroe County Board of Commissioners
Rc: Lower Keys Sewage TreatmCDt
Gentlemen:
KW Re!lort Utilities Corp. currently owns and operates a sewage treatment plant at 6130
Front Street, South Stock Island in Monroe County, Florida. The plant has a rated capacity of
499.000 galloD! per day. Currently the plant tIeaa approximately 250,000 gallons per day. In
addition sufficient land is available to build an expansion of the plant of 500,000 galtons per day
for a total of a 999,000-ga11on per day treatment plant. The Company has a franchise from the
Florida Public Service Commission for s8Wl.gc trcllmcut that includes all of South Stock Island.
The plant cwrently treats to secondary treatment standards although trenanent to A WT standards
is available but at twice the current operating costs. Substantially all of the effluent is reused as
iIIiiation for the Key West Golf Club located on North Stock. Island.
The company is regulated by the Florida Public Service Commission, and the rates,
charge! and profits for the company are set by the' Florida Public Service Commission.
CUlTently, the monthly residential m:atmc:nt charges are approximately $35 per month and any
new additions to the pllnt pay a 52,700 capacity reset'Vation fee.
On South Stoclc Island there are currently 1,775 equivalent residential connections (ERe)
thaj are not serviced by Central Sewer. Over 1,000 use cesspits or septic systems for treatment.
The county has granted me wmpany a 5200,000 grant to study and plan for the
expansion of the collectioD system on South stock Island. To that extent we have surveyed the
area, deli811ed a vacuum collections system, permitted the project with the Florida DEP and are
in the process of bidding the project for ~onstruction. Construction bids are due back at the
company's office by July It 2002. The enlinecr', e9timatcd total cost for the project is
$4,627.516 or $2,607 per ER.C. Subject to financing by the county the I'foject could commence
by August 1.2002 and by completed by July 31.2003,
The project needs a grant of $4,627,516 from the county in order to be done. The county
payment need3 to be made over a 12-month period.
r~OM: .
F~X NO. :
Jun. 11 2002 08:37~M P2
08-01-0,
14:Z8
FRO~$mlth, HIII..~h. Burk. & Brannllin
31znaTTSS
~-219 P.003/OU4 F-674
Monroe County Board of Commissioners
JUJU) S, 2002
Pnge 2
The project will cost $4,627 .51~, a s~. ~t Key West Utilities is not in a position to
fund without the county's direetfiuanclal pal'Uclpauon. We are greatly concerned, 89 we know
the county is about the obvious issue of collecting the capacity reservation fees in a timely
~, e~iallY in view of the fact that ~e county has adopte? ordinanc~9 thflt would
significantly extend the time frame for certaln USe!'! to pay capacity reservation fees after
connecting the to the system.
-
We believe that the most cost effective way to proceed with this much-needed initiative is
to partner and join with the county !o sec~ ~e necessary financ~g, whic~ will ~low ~ to
move ahead as expeditiously as pOSSible WIth this much needed proJect. To msure lt$ ulumate
success we respectively suggest that the county consult with tbcir financial advisors, and ba!led
on their expert advice, we can cooperatively obtain the best possible financing paclcaae.
Clearly, that appro&ch is the most cost- effective way to provide South Stock Island with
central sewage. Since the county is a governmental entity it is in the enviable position of having
the ability to borrow the necessary funds to fanance the project at a much lower interest-rate.
That will allow the county to pass along significant savings directly to the residents of South
Stock Island.
KW Resort Utilities Corp. is prepared T.o fmancially commit to the pIQject its capacity
reservation fees from the county assisted project in order to repay the cost of installing the
collections system, estimated contribution approximately $4,000,000. As funcic: are received
from connections to the new system ($2,700 per ERe), those funds will be paid to the county.
We project within one year we will connect approximately 1,000 ERC's with the balance
to come over the next 5 years. The company is also willing to guanmtee completion of the
constrUction and the construction of the system aD budiCt.
Upon completion of the constrUction of the South Stock Island Project. the company
would be willing to plan, engineer, permit and construct a collection system covering Big Copitt,
Rockland and Geiger Keys. Preliminary studies indicated approximately 1,780 ERCs in those
three areas. A!! put of the collection system constrUction we would need to expand the existing
treatment plant from 499,000 gallons to 999,000 gallons per day to treat the increase flows from
the new area. At that time the plant will be converted and run to adv8llccd wastewater treatment
standaIds as required by the Florida DEP. A preliminary estimate of cost for the construction
including the expansion of the reus~ distribution facility is $2,859.550. I note that we anticipate
. beini able to reuse substantially all of the water from Big Copitt, R.ockland and Geiger Keys.
The estimate for a collections system to be installed in Big Capitt, Rockland and Geiger Key! is
$6,306.214 with $2.300.000 for a transmission line from Big Copitt to South Stock Island.
Engineering, legal and surveying is estimated at $750,000 for a total cost of S11,465,764 or
$6,441 per ERC. This cost per ERC is substantially higher because of the tranSmission line and
r C:UfTI :
FAX NO. :
a8-03-~~
14:2D
F~OM-Smlth, H.....Ch, Burk. & Srannl.an
Jun. 11 2002 08:37AM P3
31283.1765
1-21. P.004/004 F-ST4
Monroe County Board of COmmissioners
June 5.2002
Page 3
mjuiremeot to - additional pi.... capacity. Ho_. I DOte !bat our estimates rdIec:red
~aI saviagJ as CIppOoed 10 CODsln1ctiDg a new sewer plant in the Big Copitt area. We
estimate the CO$l of -tioo of a new plant betweou S7.500.ooo 10 SIO.ooo.ooo not counting
land ocquisltion costs. Of co..... tho collections system cost Of$6,306.2l4 WOuld be a !liven fOt
wherever the plant is constructed.
This project could be completed in 18 mooths lium COJDmellCcment._ We would propose
to e_ this project in A_ 2003 With a completion date of January of 2005. F1lIl<b
from capacity reservations fee would equal $4,806.000.
As I estillUlte !be project fwlds teq1lircd for the emite project are South Stock Island
S4.1527,5I6(S2,607 per ERC), fund. for Big Copift, Rockland and Geiger SII,46S,764
(S6.441per ERe) lotal CODsltuction cosr 116,093.280. We es1imata the ClIp8City =ervation fee.
for South Stodi; Island $4,792,500 and for Bla Cupit<. Roc:IcIand and Geiser $4,806.000. county
I1'8ftt money $6,000,000 total funds available for project $15,598,500,
I note that the receipt of the capacity reservation fees may be delayed because of CCI1lIin
low-income proyUjons in the J'8l'lDeat pro.... and also because of certain reaiatance lium
conneoting 10 C8Dlnl sewers. Theremn, the timing of ~ and collection of receipt!
needs to be addressed in order for the projects to proceed.
My SUSllestion is 10 proceed Wilb the South Slock Island Projcet imGtediatc1y as it is Ibe
mOil c_ effective and · teIative.Iy small proj.... To put this in fJOrIpectjve the COil is far I...
than the LiltJe Venice Project and .... end up _ling Ins ERe's or three times as many
Customers as Lillie V 1lZli.... In our estimation it Will take out of service almost 1000 failing
septic systems and cesspim in the lower Keys.
WLS/jng
Sincerely yours,
~dW!t
cc: Jim Roberts, County AtImini!trator
p@c 10 01 02:01~
James L RObe~ts Co Admln
DEC-07-01
305-292-4544
10 3052953521
17.17 FROMFLA KEYS AQUEDUCT AUTH
Florida Keys
Aqueduct Authority
MEMORANDUM
December 7, 200 1
TO:
Tne Honorable Dixie Spehar
District 1, County Conunissioner, Monroe County
Roger Braun, Executive Director ~
FROM:
COPY: James Roberts, COlmty Administrator
Nora Williams, County Commissioner Dist. 4, !Wastewater Liaison
Charles McCoy, Mayor, Monroe County, District 3
Murray Nelson, County Commissioner, District 5
George Neugent, County Commissioner, District 2
Board ofDlroclors, FKAA
SUBJECT: Informal Listing of Several Areas of Consideration
Per lnquiry on Key West Resorl Utility's Interest In
Wastewater Service for the Lower Keys
In reference to the publicly noticed meeting to consider initiatives and information as to
wastewater issues affecting the Lower Keys, it reflects the ongoing concern that staff and
the Board have as to sewer issues within unincorporated Monroe County. This meeting
was a further example of the County's independent wastewater actIons. The previous
"independent-uncoordinated with FKAA" BOCC actions concerning the Luwer Keys (I)
independently voting to transfer $6.4 million ofFEMA funds from Key Largo to Big
Coppin (2) commit $6 million of future infrastructure funds to the Lower Keys-not
deSIgnated to F'KAA, (3) approve $50,000 for an immediate ''independent'' Cnleria
establishment fOJ a yet to be defined cost analysis for Lower Keys per an initial letter of
selYices offcrod by KWRU. and (4) a BOCC commilJnent of $200.000 to assist KWRU
in the future development of south Stock Island wastewater facilities. The above BOCe
actions; previous action to support an independent Key Largo special sewer
distric-tlelective board; and inclusive of other independent BOeC wastewater agenda
items scheduled for the BOCC's November 20/21st meetIng; left no alternative for the
FKAA, but to formally present its request through theIr November 14th Resolutlon 02-02.
The FKAA's Resolution requested lhe cessation ofviolatlons by the BOCC of the
FKAA.s enabling legislation, County's Memorandwn of Understanding, and the
~'
PAGE
~.J
2/4
.JU'w 1\/ KVf:l1ty, .s,
Chauma,'
Key Wes:
Alben 0 Appell
V'C4!-Cn;WMan
Duc~ I\ey
Mary l. R.ce
SQC'QI..,y TrllaGurer
M~talho~
~md" B Wheeler
Key West
Harry E CrOnin
Key Largo
Roger Braun
l';xecu\;v.. Q..r
~
CD
~@C 10 01 02:02p Jam@s L ~Ob@rts Co HemIn JU~-~~c-~~~~
OCC-07-01 17.17 FROM,FLA KEYS AQUEDUCT AUTH 10 3052963521
FLORJDA KEYS AQUEDUCT AUTHORITY
PACE
p.~
3/4
aclmoW)edgement ofFKAA Wastewater responsibilities under the County's
Comprehensive Work Plan agreement with the State of Florida.
KEY WEST. FLORIDA
Note: per our July Joint workshop the entire county cash contribution to fKAA's
implementation of the County's Wastewater Master Plan is $20,000.
NOle: At the October soce Boald meetmg, FKAA addressed the BOCC srating that if
K\.VRV wanted to extend their services into unincorporated Monroe Counry beyond their
cwrently designated area., then they needed to present 10 the FKAA a comprehensive
proposal for FKAA staff and Board review. If such a proposal were in the best financial
interests of the residents of the Lower Keys then by all means the FKAA Board would
recommend the Implementation of such a proposal.
As to the COWlty'S 2 p.m., November 19th advertIsed meeling to independently discuss
KWRU and the Lower Keys, the FKAA was not contacted about the meeting Or asked to
pal1icipate. Upon seeing the notice in Ihe paper and planning 10 be at the 4 p.m, COWlty
wastewater workshop we sent a staff member and persona11y participated in the latter part
of the meeting (as reflected in the meeting minutes), The only addition to the minutes
received is that they did reflect our statement that FKAA and DEP have executed a
$100,000 grant agreement for the wastewater planning for greater Big Coppin areal
regional system. Also that the FKAA was reviewing the Rockland regional system as to
cost feasibility which would include the review of the KWRU plant site as a possible
regional plant site,
I did commit to providing you a number QueStIOns/areas of clarification that both KWRU
and FK.I\A would acknowledge that KWRU would need to address in any criteria listing
for a proposal for service for consideration by FKAA and/or any future waslewaler
provider for unincorporated Monroe County reference FKAA's Resolution 02-02.
Per our commitment here is a partial listing of questions/areas of clarifications for
consideration:
J. KWRU shall provide a written commitment from FDEP, regarding KWRU '5
ability to continue operate at "secondary treatment levels" upon renewal of penn it
and Wlder what conditions and/or restrictions such permission will be granted
(i,e" existing capacity, 80% capacity expansion trigger, dual pennitted plants
reuse/no-use, existing wet weather backup and future wet weather back up based
on expansion to serve.
2. EXIsting and permit renewal requirements for upgrading to A WT. Also any
expansion to cwrent facility under the existing pennit and future permit as to
A WT upgrade.
3. Will FDEP require "deep well injection" when plant is pennitted for I million
gaJlons even with a reuse element?
Dee 10 01 02:02p James L ROberts Co ~amln ~U~-~~~-~~~~
D~C-07-01 1718 FROMFLA KEVS AQUEDUCT AUTH 10 3052983521
FLORIDA KEYS AQUEDUCT AUTHORITY
p.~
PAGI:
4/4
KEY WEST, FLORIDA
4. Define the geographical extent of the proposed expanded service area. It should
Include (for economy of scale)
Baypoinr/Saddlebunch
Geiger Key
Big Coppitt Key
Rockland Key
Shark Key (?)
(per existlng County Ordinance)
Other listings to be included:
Current EDUs served by KWRU
Future EDUs South Island
Future EDOs Nonh Island (K W)
Future penmned ROGO units
(Lower Keys area)
Future pennitted Affordable units
City ofKW allowed in Lower Keys
And Monroe COWlty Lower Keys
# of ED Us_
# of ED Us_
# of ED Us_
# ofEDVs_
# of ED Us_
# of ED Us_
# of ED Us_
# of ED Us_
# of ED Us_
# of ED Us_
# of ED Us_
5. Estimate of "commercial facilitIes" to be serviced in the expanded KWRU service
area and methodology of "developing" the System Development Fee and Monthly
Service Charges, (Include any additional charges/fees for Pre-treatment
requirements). State the estimated # of ED Us represented by
commerciaJ facilities,
6. Statement that the commercial System Development Fee and the residential
Syslem Development Fee includes "ALL'" capital construction costs and capital
financing costs m the SDF with "nODe" beang included in the Monthly Service
Fee or that it is and the projected amount per month and length of that debt
recovery.
7. Estimated Capital costs for Plant rehabilitation and expansion.
Estimated costs of Expansion of collection system.
Estimated costs of real estate acquisJtions for plant/collection system
8. Description of collection system as to the number and general location of
required vacuum/pump statIons and route/sizing of force main.
9. Define responsibilities of pnvate property owners as (0 physical connection to the
vacuum collection system and abandoJUnent requirements of existing systems
both for septic/cesspits and existing FDEP permitted Par.kage Plants.
10. Detailed/comprehensive timehne for initiation/completion of construction and
a listing of "alJ'" lequired permits and timeIine for obtaining the permits.
---end---
To. CommIssIoner Murray Nelson
Sent: Tuesday, May 21, 2002 1 :53 PM
Subject: EPA Decentralized Demo Grant
This email is to confirm the discussion we had on the telephone today
regarding the criteria necessary for the Decentralized System Demo Grant
to be offered to Monroe County by EPA.
])~@~DWrgrm Page I of2
. -.
. r=-:--__---,
!
Murray Nelson \ MAY21311l e;PA
' . 1 l.I
I=rom: <F ree man .Bob@epamaiJ.epa.gov> I Ef'R
" "
As we have discussed previously, there are four basic principles that
any project(s) funded under this Demo Grant must comply with, as
follows:
. The funds must be used to cover as much as 75% of the costs of
design, construction, monitoring, O&M and administering
decentralized/onsite systems. Costs associated with operating the onsite
technology test facility on Big Pine Key could also be included in the
demo project.
. These funds must be used in areas where the decentralized systems are
seen to be a "permanent" solution, Le. where those systems will not
be replaced during the life of that system (roughly 15 years)
. The establishment of a,centralized administrative entity with
responsibility for construction, oversight, ongoing maintenance,
gnd financial administration (billinQ) for these systems ;s an ~ssential
.,Qart ot any pro/ect.
. Any project funded should be consistent with the Sanitary Wastewater
Master Plan accepted by the County,
As we discussed, the grant could be made with a phased approach on the
scope of work, with the first phase consisting of the evaluation of
alternative possible projects or project areas - the completion of that
phase would result in a detailed plan of work with specific project( s)
in specific areas. This evaluation/scope development would be prepared
by a consultant who has demonstrated experience and capability in
dealing with onsite and decentralized wastewater treatment alternatives
and who has demonstrated experience in FL Keys projects, This work
would be eligible for EPA participation under the Demo Grant at the 75%
max grant percentage, The grant would contain grant conditions
requiring the implementation of the developed scope of work within a
specific periOd of time.
If projects desired to be evaluated are not consistent with the existing
Master Plan, the Phase 1 scope should include re-examination of the
portion of the plan pertaining to the project( s) in question to
determine if the Plan recommendations should be sustained or amended,
If an amendment to the Plan is justified, the Phase 1 deliverables
should include the amendment to the Plan along with the specific SCope
of work for the project(s).
The goal of this Demo Grant is to further the concept of centralized
OS/2]/2002
.r....
. management of decentralized wastewater treatment technology by "real
life" demonstrations projects. Close coordination with EPA throughout
the grant process and performance of the work will help insure that the
Agency goal is achieved through successful projects, as well as provide
Monroe County with a demonstration of decentralized treatment technology
~hat may provide an incentive for greater application of those concepts
in the future,
If you have any questions please contact me, I look forward to working
with the County to utilize these grant funds in an expeditious and
effective manner,
Bob Freeman, P.E.
Construction Grants & Technical Assistance
Water Management Division
EPA - Region 4
phone: 404-562-9244
fax: 404-562 -8692
email: freeman.bob@epa.gov
l'age L 01 ..:..
05/2 J 12002
-.
.'
D ~ ~[W~rm
NAY 2 , aD2 .
Murra Nelson
, -
f=rom: <Freeman,Bob@epamail.epa.gov> G r If
To: "Commissioner Murray Nelson"
Sent: Tuesday, May 21, 2002 1 :53 PM
Subject: EPA Decentralized Demo Grant
This email is to COnfirm the discussion we had on the telephone tOday
regarding the criteria necessary for the Decentralized System Demo Grant
to be offered to Monroe County by EPA.
As we have discussed previously, there are four basic principles that
any project(s) funded under this Demo Grant must comply with, as
follows:
. The funds must be used to cover as much as 75% of the costs of
design, construction, monitoring, O&M and administering
decentralized/onsite systems, Costs associated with operating the onsite
technology test facility on Big Pine Key could also be included in the
demo project.
. These funds must be used in areas where the decentralized systems are
seen to be a "permanent" solution, i.e, where those systems will not
be replaced during the life of that system (roughly 15 years)
. The establishment of alcentralized administrative entity with
responsibility for construction, oversight, ongoing maintenance,
~nd financial administration (billinQ) for these systems is an E?ssential
J;2art ot any prOfect.
. Any project funded should be consistent with the Sanitary Wastewater
Master Plan accepted by the County,
As we discussed, the grant could be made with a phased approach on the
scope of work, with the first phase consisting of the evaluation of ~
alternative possible projects or project areas - the completion of that
phase would result in a detailed plan of work with specific project(s)
in specific areas. This evaluation/scope development would be prepared
by a consultant who has demonstrated experience and capability in
dealing with onsite and decentralized wastewater treatment alternatives
and who has demonstrated experience in FL Keys projects, This work
would be eligible for EPA participation under the Demo Grant at the 75%
max grant percentage. The grant would contain grant conditions
requiring the implementation of the developed scope of work within a
specific period of time,
If projects desired to be evaluated are not consistent with the existing
Master Plan, the Phase 1 scope should include re-examination of the
portion of the plan pertaining to the project(s) in question to
determine if the Plan recommendations should be sustained or amended.
If an amendment to the Plan is justified, the Phase 1 deliverables
should include the amendment to the Plan along with the specific SCope
of work for the project(s).
The goal of this Demo Grant is to further the concept of centralized
Page I of2
e;PA
OS/2] /2002
...
· management of decentralized wastewater treatment technology by "real
life" demonstrations projects. Close coordination with EPA throughout
!. the grant process and performance of the work will help insure that the
Agency goal is achieved through successful projects, as well as provide
Monroe County with a demonstration of decentralized treatment technology
lhat ma~ provide an incentive for greater application of those concepts
in the future,
If yOU have any questions please contact me. I look forward to working
with the County to utilize these grant funds in an expeditious and
effective manner.
Bob Freeman, P.E.
Construction Grants & Technical Assistance
Water Management Division
EP A - Region 4
phone: 404-562-9244
fax: 404-562-8692
email: freeman,bob@epa.goV
1-'age L or L
05/2 J 12002
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