Item T07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17. 2002
Division: County Administrator
Bulk Item: Yes
No
Department: County Administrator
AGENDA ITEM WORDING: Approval ofa resolution requesting conveyance of Conch Key
property from the FDOT for use as a wastewater treatment plant site.
ITEM BACKGROUND: As one of two potential wastewater alternatives for Conch Key, the Board
has directed staff to pursue the construction of a stand-alone plant on Conch Key. The Florida
Department of Transportation has indicated a willingness to convey to the BOCC, free of charge, a 100-
foot wide parcel ofland running along the outermost limits of the FDOT right-of-way on the bayside of
Conch Key. The proposed resolution formally requests the conveyance for the public purpose of a
wastewater treatment plant site and addresses consistency with BOCC Resolution 565-1999 (policy on
surplus FDOT right of way). Short of acquisition via eminent domain, this FDOT property is the only
vacant land available on Conch Key of sufficient size to accommodate a wastewater treatment plant.
Staff is currently preparing a survey of the property and will report on the survey results at the BOCC
meeting.
PREVIOUS RELEVANT BOCC ACTION: On June 20,2002 the BOCC directed staff to pursue
two potential wastewater alternatives for Conch Key: 1) connection to the existing treatment plant at
Hawk's Cay and 2) construction ofa stand-alone treatment plant on Conch Key. On November 10,
1999 the BOCC adopted Resolution 565-1999 regarding surplus FDOT right of way.
CONTRACT I AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
o
BUDGETED: Yes
No
COST TO COUNTY: 0
REVENUE PRODUCING: Yes
No -L AMOUNT PER MONTH
YR
APPROVED BY: County Atty ---X- OMB/Purchasing_
Risk Management _
DIVISION DIRECTOR APPROVAL:
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James L. Roberts, County Administrator
DOCUMENTATION:
Included
x
To Follow
Not Required
AGENDA ITEM # "7
DISPOSITION:
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
REQUESTING CONVEYANCE OF CONCH KEY PROPERTY
FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR USE AS A WASTEWATER TREATMENT PLANT SITE.
WHEREAS, the marine ecosystem of the Florida Keys is dependent on clear water with low
levels of nutrients; and
WHEREAS, ongoing research has determined that nutrients from wastewater are one of the
major contributors to the decline of the water quality in the Florida Keys; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan mandates reducing nutrient
loading in the Florida Keys marine ecosystem through, among other measures, the provision of
wastewater treatment plants; and
WHEREAS, the Monroe County Sanitary Wastewater Master Plan identifies the community of
Conch Key as a priority area in need of upgraded wastewater treatment facilities; and
WHEREAS, most of Conch Key is developed land and there are no suitable vacant sites for a
wastewater treatment plant available via willing seller acquisition from private owners; and
WHEREAS, the Florida Department of Transportation owns excess right-of-way on the bays ide
of Conch Key that would provide a suitable site for a wastewater treatment plant; and
WHEREAS, said right-of-way is not proposed for use in the Overseas Heritage Trail; now,
therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1. The Florida Department of Transportation (FDOT) is hereby requested to convey to
the Board of County Commissioners (BOCC) for no consideration a 1 DO-foot wide parcel of land
running along the outermost limits of the FDOT right-of-way on the bayside of Conch Key for
the length of Conch Key for the public purpose of providing a wastewater treatment plant site.
Section 2. The BOCC finds that use of said property is consistent with the policy articulated in
SOCC Resolution 565-1999, in that the use will not interfere with the proposed Overseas
Heritage Trail and will provide benefits to the quality of nearshore water similar to those
provided by stormwater facilities.
PASSED AND ADOPTED by the Soard of County Commissioners of Monroe County, Florida,
at
Page 1 of 2
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a regular meeting of said Board held on the
Mayor McCoy
Mayor Pro Tem Spehar
Commissioner Nelson
Commissioner Neugent
Commissioner Jimenez
(SEAL)
Attest: DANNY L. KOLHAGE, CIerI<
By
Deputy Clerk
day 0' July, 2002.
BOARD OF COUNTY COMMISSIONERS
OF MONROe COUNTY. FLORIDA
By
Mayor/Chairperson
APPROVED AS TO FORM
AND l SUFfICIENCY,
BY
NE.t /~r;,o
I'ldTI' - .' -y-:5icJ2-.-
Page 2 of 2
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Florida Department of Transportation
JEB BUSH
GOVERNOR
OFFICE OF RIGHT OF WA Y
ADMlNISTRA TION - DISTRICT SIX
1000 NW III A VENUE - ROOM 6116
MIAMI, FLORIDA 33172
PHONE. (305)470-5J50/SC429.5150
THOMAS F. BARRY, JR.
SECRETARY
June 27, 2002
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RECEIVED JUN
Mr. Mark J. Rosch, Executive Director
Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, Aorida 33040
SUBJECT:
Surplus Property on Conch Key
Item/Segment No.
Section/Job No.
FAP No.
State Road No.
County
Parcel No.
: 2503081
: 90050
:N/A
: 5/US 1/0verseas Highway (Gulfside, MM 63)
: Monroe
: 6015
Dear Mr. Rosch:
As requested in our telephone conversation earlier this week, I am forwarding copies of the leases, together with
their respective legal descriptions and sketches, on the above referenced property. I am also enclosing the
Guidelines for Legal Description/Sketch, which shows the preferred layout and information needed in the Legal
Description/Sketch to be prepared for use with the conveyance document.
I noticed as I was preparing the package to send to you that in the Lobster Trap Agreement with Monroe County,
Area Six (6) in the Exhibits appears to coincide with the area you are considering for the wastewater treatment plant.
To avoid any possible conflict, you will need to have that area "released" from the Agreement. I think a letter
addressing the situation and evidencing agreement between the County and the Director of the Cooperative
Extension Service will be sufficient.
As advised in our earlier correspondence, in addition to the Survey/Legal Description, we will need an adopted
resolution from Monroe County showing the public purpose use of the land and a letter from Monroe County
addressing their earlier request that FOOT not surplus any properties in Monroe County to ensure there is no conflict
of purpose prior to conveyance.
If you have any questions or if I can be of any further assistance in this matter, please call me at (305) 470-5816.
11
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Property Management Agent
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cc: Paul Wilson, File
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RESOLUTION;I 565
...1999
A RESOLUTION BY THE MONROE COUNtY
BOARD OF COMMISSIONERS EVIDENCING ITS
POLley THAI MOl\"R.OE COUNTY RECOMMEND
mAT TIlE aORrDA DEPA..TtTMENT OF
TRANSPORTATION DE..'ri' THE REQUESTS TO
STJPLUS THE PROPERTY ADJACENT TO U.5t. 1
UNTIL BOARD ACTION IS TAKEN ON lEE
OVERSeAS HERITAGE TRAIL AND rim
STOR..'-!W A TBR MASTER PLANS
WHEREASt the Monroe County Board of Commissioners has L'1itiated tW<'\
county-wjl.lt: master planning effotts that look closely at t.ie use of U.S. 1 and the right-
of-way adjacent to it. that is. the Overseas Heri~ge Taij Master Phm and the
Stormwater Master Plan; and
WHEREAs, durlcg the course ort.~ projects. planners and designers will be
identifying suitable lccctioIU along U.S. 1 :snd in Its righ~f.way for facilities such as
bicycle trails, trail h~ pedestrian wclkways, other accessory, trail uses. landscaping
....
and stOI1Uwatc:r dramage a.reas; and
WHEREAS,' final recommendations OD the design, COnstruction and
maintenance of these rar.ilities will be provided iu th~e plm:i; wod
WHl:REAS, action hy the Board of Couuty CoIIlIIlissioners will be taken on
these recommendations; and
WHERAS, the Florida D9anment of Tnn~rtBtion considers requests to sell
parcels of land adjacent to U.S. 1 on a regular basis; and
WHEREAS, selling these lands before the Board of C~"rty Commissioners can
act on the rec.onunendations of Lha master plans puts the integrity of the planning
process and the ultimate benefits to Monroe CoWlty at risk.
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
It shall. be the policy of Monroe County recpHtding that the Florida D~em of
TJaDSpOrtation dcmy any requests to surplus properties adjacent to U.S. 1 until the Board
of County Commission haS taken action on the overseas Herit3.ge Trail and the
Stormwater Master PWts.
'P.usED AND ADOPTED by the Board of County Commissioners of Momoe
COU!lty, Florida. at a regular meeting of said Board h~ld on the ~ day of November,
t 999.
Comm. ~lhemina HarVey
Mayor' . Shirley :Freeman
Commissioner George Neugent
Commi!ltUoner Nora Williams
C<lmmissioner Mary Kay Reich
yes
yes
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yes
yes
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'i.\".:'j!.At:tiS'i: 'DANNY L. KOLHAOE, Clerk
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AND
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County of Monroe
Growth Manag;ement Division
2798 Overseas Highway
Suite 410
Marathon, norida 33050
Voice: (305) 289 2500
FAX: (305) 289 2536
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. Georze Neuzent, District 2
SUGGESTED KEY W ASTEW ATER ACTION ITEMS
JULY 17, 2002, BOCC MEETING
Make a decision on staff recommendation to use the $1.66 million in State funding
designated for a project in Key Largo for the expansion of the Key Largo Trailer Village
wastewater project to include Hibiscus Park with the understanding that such expansion
will be done in a manner that will not jeopardizel either FEMA or State funding. [Agenda
Item T-l]
Authorize the County Administrator to submit a letter to FDEP indicating that FKAA will,
on behalf of the County, be responsible for project documentation under the State grant
funding program set forth in line Item l765A of the 2002-2003 General Appropriations
Act. [Agenda Item T -1 ]
o
Direct the staff to work with FKAA in responding to check list to be provided by FDEP to
initiate specific grant agreement discussions. [Agenda Item T -1]
Authorize the staff in coordination with FKAA to investigate the redistribution of FEMA
Uronet funds among the three FEMA funded projects once detailed cost estimates have
been prepared and to come to BOCC with recommendations on any proposed
redistribution. [Agenda Item T - 2]
Approve resolution adopting policies and guidelines for establishment of "reasonable"
wastewater connection fees and monthly service charges including the level of public
financial assistance to wastewater treatment systems and economically disadvantaged
households. [Agenda Item T-3]
o
Approve motion to support conceptual agreement with Key West Resort Utilities and direct
the County Attorney with staff assistance to prepare a contract and authorize Mayor to
execute same subject to legal, financial, and risk management review. [Agenda Item T-4]
o
Approve resolution designating the combined Conch Key-Hawk's Cay alternative as the
preferred wastewater management option for Conch Key and direct the County Attorney
and staff to negotiate a contract for transfer of ownership of the Hawk's Cay facility to the
County/FKAA for consideration by BOCC in August. [Agenda Item T-5]
\\GMD0059\tim\DOCUMEN1\AGENDA \wastewateractionjuly.doc
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o Approve staff recommendation to seek State funding for the upgrade of the Hawk's Cay
facility to A WT contingent upon BOCC approval of combined Conch Key-Hawk's Cay
option and transfer of the ownership of the Hawk's Cay plant to County/FKAA. [Agenda
Item T -5]
o Approve resolution selecting two preferred sites for the location of a wastewater treatment
facility to serve Bay Point communitY. and request the Land Authoirty to obtain appraisals
and enter into negotations for purchase starting with highest ranked site. [Agenda Item T -6]
o Approve resolution requesting conveyance of Conch Key property from FDOT for use as
wastewater treatment plant site. [Agenda Item T - 7]
\ \GMD0059\tim\DOCUMENT\AGENDA \wastewateractionjuly.doc