Loading...
Item T08 BOARD OF COUNTY COMMISSIONERS AGENDA T'TEI'v1 SUMMi"IRY Meeting Date: ,JUT ,Y. l 8. ? 0 O? Division: BOCC: Bulk Item: No x Department: Distri~t Fivp AGENDA ITEM WORDING: Conceptual approval of providing a $100,000 loan to the Key Largo Independent Elected Sewer Board to complete and expand the Key Largo Trailer Village wastewater project in the 2003 budget cycle. ITEM BACKGROUND: On Nov. 7, 2002, five Sewer Board members will be elected to the Key Largo Independent Sewer Board. At this time the Sewer Board will enter into an interlocal agreement with the FKAA and the BOCC to complete and expand wastewater projects in the Tavernier/Key Largo area. The $100,000 will be used in a manner approved by state statute and approved by the Monroe County Clerk. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: TOTAL COST: $100,000 BUDGETED: Yes No COST TO COUNTY: $100,000 REVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Attorney OMB/Purchasing Risk Mgt. DIVISION DIRECTOR APPROVAL: ~t-C./t/7..-~~ .::~.. ~~ " r/ MURRAY E NELSON. CommissioDPr DOCUMENTATION: Included: x To Follow: Not Required: DISPOSITION: AGENDA T'TRM :/:I: 7~ " MEMORANDUM DATE: June 18, ,2002 TO: Jim Hendrick BOCe members Coun1y Attorney Rob Wolfe f::] -1 7 Chief Assistaht County Attorney Dr IN FROM: RE: Commissioner Nelson's item regarding transfer of funds ($100,000) Key Largo Wastewater Treatment District hMh~h~hhhh~hhhhhh I believe th~ BOCe may, pursuant to Sec. 163.01, F5, enter into an interlocal agreement with the District for pert of the payment of the District's costs in planning and construction of wastewater treatment facilities, providing the Board determines that such a payment serves a County purpoSe. Alternatively the County could lend the District the funds, see AGO 2000-55. , . There are two caveats to the above: 1. The funds could not be paid out of the County general fund. That fund contains revenue raised through a County-wide (including the cities) ad valorem levy. The reason is that the District is serving a specific municipal purpose in Key Largo without a benefit to, say, Key West. See Town of PolITI BeQchv. Palm Beach Coun1Y, 460 SO.2d 879 (Fla. 1984). Infrastructure sales tax funds may be available,although I assume Mr. Roberts has more insight Oh this issue than r do. 2. The County funds should also not be used for general administrative purposes of the District (as opposed to the planning and construction). The reason for this is that the District is an independent special district, i.e., it is not a P<lrt of County government. Under Art 7, Sec. 9, Fla. Cons't. (1968), the eoee may levy tax~ (including the , ! ,.I..'l~~"...: ".:",--""1:~,....~1I."" ,',If....J,\~"'' ~~,1,~"..:''",/;.'.1i.:~'-~;:....:,i,:.~~J->t.\''~i..:1?~~:'')'~...''.t>"'r"';;~,~'~'fJ:~:';;"~"'.:'\'o:,~~Io,:~;~':'"':"1<-:;Ii:~~t:~, ;/t::,,~, v ,'~ "'~,'~ "".' , , \' " Page Two Jim Hendrick 6/18/2 infrastructure sales tax) for its -respective purposes." While the Board may determine that the planning and the construction of Key Largo wastewater treatment, facilities constitutes a County purpose and enter into an agreement with the Distf1ict to carry out that purpose, it is questionable that general District administrative expenses constitute a respective purpose of the eounty anymore than paying the expenses of the Key West City Manager or the City A Horney. The result would be different if the District were dependent, i.e., the BOCC was also the governing body. In that situation, the District would be just another County financing mechanism that could have its administrative expenses at least partially funded out of non-District funds. See State v. Sarasota County, 372 So.2d 1115 (Fla. 1979). I have consulted with Mr. Kolhage regarding the foregoing and he concurs. I would fihally point out Q certain practical problem with entering into an interlocol agreement with the District, to-wit: nobody is presently home at the District, the elections for the Di.1trict board not yet having taken place. At the moment, who can agree to an interJocal agreement on the District's behalf? RNW/jeh cc: Danny Kolhoge :' ~,!".'.~ ""~'" "'J;.",I.~.\, '\J.!i'1~"'''':/'< '~u,'" '~,:...~,,:..~.r'l")"~' ~:;.}~\:',<~('''~~:;'\f\,:-t''':!';:;''';~I~,!:,;l'f~1, :c.:;,!u,.f:.rt".\ '1"""';'i"I"~il:~"''-"'t,l:~,,'I,:\,; " \.~'"" ,'. .'~ ." ,- ADDITIONAL DOCUMENTATION FOR AGENDA ITEM T-8 , July 17, 2002 Commissioner Nelson Agenda Item: T - 8 Commissioner Nelson RESOLUTIOff 8Q~ -~OQ2 A RESOLUTION OF THE BOARD OF COUNlY COMMISSIONERS OF MONROE COUNTY, FLORIDA CONCEPTUALLY APPROVJNG ASSISTANCE, IN THE FORM OF A. $100,000 LOAN OR INTERLOCAL AGREEMENT, TO THE KEY LARGO WASTEWATER TREATMENT DISTRICT [DISTRICT] FOR SUCH KEY LARGO WASTEWATER COLLECTION AND TREATMENT PROJECT THAT THE DISTRICT BOARD MAY SELECT IN CONFORMITY WITH THE CQMPREHENSIVE PLAN ,. WHEREAS, the creation of wastewater treatment systems to abate pollution In the waters of the Florida Keys Is mandated by the Monroe County COmprehensive Plan, and is an ongoing County-wide project that is supported by the COunty Commission wherever such treatment systems are needed; WHEREAS, the recent. creation by the Legislature of the Key Largo Wastewater Treatment District (District) affords a legislatively-ordained mechanism for providing wastewater collection and treatment in the Key Largo area; and WHEREAS, as evidenced by the candidacy of thirteen announced candidates for the District Board, the citizens of Key Largo have shown great interest in having the new District take an active role in tlnding solutions to Monroe County's wastewater collection and treatment problems; WHEREAS, the County Commission desires to assist the District Board.as It goes forward In its efforts to arrive at both affordable and effective wastewater collection and treatment solutions for Key La rgo; WHEREAS, the COunty Commission desires to assist the District Board, through a loan Or I nterloca I agreement, toward the completion of wastewater projects, In the amount of $100,000 during fiscal year 2002-2003i and WHEREAS, there Is not yet an elected District Board with which to enter into a loan contract or Interlocal agreement; now, therefore BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA hereby conceptually approves ftnandal assistance to the District Board, via a loan ,r Interlocal agreement, In. the sum of $100,000 after District Board members are elected In November 2002, In order to assist the District Board to complete and/or expand wastewater [ . " collection and treatment systems In conformity with the goals, objectives and polides of the Monroe County COmprehensive Plan. Any County COmmission/District Board loan or interlocal agreement will conform to the requirements of general law and will contain an audit provision satisfactory to the County Clerk. PASSeD AND ADOPTED by the Board of COunty COmmIssioners of Monroe County, florida, at a regular meeting of sald Board held on the day of July, 2002. Mayor McCOy Mayor Pro Tem Spehar COmmissioner Nelson Commissioner Neugent COmmissioner Jimenez' (SEAL) Attest: DANNY L.KOLHAGE, Cleric BOARD OF COUNTY COMMISSIONERS OF MONROE COUNlY, FLORIDA By By oeputy Clerk jdresKl.wwt '.