Item T1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 16 October 2002
Division:
Growth Management
Bulk Item: Yes No ~
Department"
Marine Resources
AGENDA ITEM WORDING:
Update briefing on wastewater management projects and issues and the Florida Keys Aqueduct Authority.
ITEM BACKGROUND:
The County Administrator informed the BOCC at its June 20, 2002, regular meeting, that staff will provide
briefing updates on the status of wastewater projects and issues to the BOCC on at least a monthly basis. In
addition to an oral briefing, the staff will prepare a written update report intended for insertion in the
Wastewater Project Book provided to the BOCC at the June meeting. A staff representative from the FKAA
has also been asked to attend the meeting to provide the Commission with further updates on their projects,
--PREVIOUS RELEVANT BOCC ACTION:
NA
CONTRACT/AGREEMENT CHANGES:
NA -
STAFF RECOMMENDATIONS;
NA
TOTAL COST:
NA
BUDGETED: Yes
No
COST TO COUNTY: NA
REVENUE PRODUCING: Yes
No NA AMOUNT Per Month
Year
APPROVED BY: County Atty
NA
Risk Management
DIVISION DIRECTOR APPROVAL:
/
r of Growth Management
DOCUMENTATION: Included X
To Follow
DISPOSITION:
AGENDA ITEM NO.: '7 /
BC021040
09/25/029:51 AM
Memorandum
Deoartment of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Voice: (305) 289 2507
FAX: (305) 289 2536
Email: garrCllg.dmail.statc.f1.us or
garrellgeo( iilhotmai I.com
Board of Co un tv Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Dixie Spehar, Dist. I
Commissioner George Neugent, Dist. 2
Commissioner Nora Williams, Dist. 4
Commissioner Murray Nelson, Dist. 5
DATE:
30 September, 2002
SUBJECT:
Board of County Commissioners
James L. Roberts, County Administrator ~ f
Staff Update Report (# 05-02) on wasfeJater Master Plan Implementation
Issues
TO:
FROM:
AVAILABLE FUNDS FOR W ASTEW A TER
Update on Federal Foods - $100 M Congressional Authorization: Public Law 106-554
,authorized the Army Corps of Engineers (ACOE) to "provide technical and financial assistance
to carry out projects for the planning, design and construction of treatment works to improve
water quality in the Florida Keys National Marine Sanctuary. Congress may appropriate up to
100 million dollars through previous authorization language,
To date, through fiscal year 2002, $420,000 has been appropriated by Congress and received by
the ACOE for document preparation.
At both the County and state level, the South Florida Water Management District has been
designated as the non-federal sponsor for the project. Currently, the two agencies are developing
a Project Cooperation Agreement (PCA) to coordinate wastewater efforts in the Keys.
Over the course of the coming months, the ACOE will be developing a Program Implementation
Guide and a Program Management Plan. Input from the Program Development Team will be
taken as either document is created and the project comes to fruition.
To begin the process, the Monroe County Intergovernmental Task Force held a meeting on
September 23, 2002 on behalf of the ACOE and SFWMD. The Corps and District discussed
plans to move forward with wastewater projects in the Keys, At this meeting it was determined
that the Intergovernmental Task Force, since already in existence and representing all
governments in Monroe County, would accept the role acting as the Program Development
Team, A powerpoint presentation presented by the ACOE and SFWMD is attached for the
Board's review.
BC021041
09/20/02 10: I 7 AM
In separate action taken by the Board of Commissioners at it s regular meeting on October 28,
2002, the Board resolved they would request that our Congressional delegation focus on moving
any money appropriated under Public Law 106-554 to the Florida Department of Community
Affairs for direct management and dissemination to wastewater projects in the Keys,
Update on FEMA Funds: The County staff continues to work with FEMA and the FKAA to
complete the FEMA projects at Key Largo, Conch Key and Baypoint.
Receipt of FEMA funds depends on the completion of a series of stepwise commitments leading
from public hearings through construction design and ultimately construction, FEMA also
indicates that the local share of the project must be committed and contracted by September
2003,
At this point, the first in a series of public hearings will take place concerning all three County
FEMA projects on the 8th and 9th of October 2002. FEMA through the State Conflict Resolution
Consortium, will host the meetings on the 8th at the Key Largo Library starting at 6:00 and at the
Marathon Government Center at the same time on the 9th. FEMA will present the Programmatic
Environmental Assessment (EA) for the entire suite of FEMA Unmet Needs projects (including
Islamorada). The public will be allowed to comment on the general scope of the FEMA project
collectively and the general programmatic EA, they will not be allowed to speak to the details of
any project individually. Staff met on September 19th with FEMA, the Consortium, and the
FKAA to complete a "dry run',~ of the proceedings for the 8th and 9th.
~Next in the progression of requirements will be Supplemental Environmental Assessment
meetings which will allow the public to speak to specific issues concerning individual FEMA
projects,
In tandem with the FEMA public hearings, the FKAA continues to develop design criteria
documents in preparation for putting each of these projects out to bid for design and
construction. All of these documents should be available and out for responses by the end of the
year. In the case of the Key Largo project, detailed designlbuild specifications will be held for
review and mail-out by the new Key Largo Wastewater Utility Board,
Update on FDEP State funding: State funding, in the amount of $ 11.8 million, was broken into
three categories and may fund either wastewater or stormwater projects, First, $1,66 million was
provided to qualifying projects in Key Largo, Islamorada, Marathon, and Key West. Second,
$200,000 was provided both Layton and Key Colony Beach, Third, the remaining funds ($4.76
million) will be provided to qualifying projects in hotspot areas as identified in the Wastewater
Master Plan, The County and municipalities have agreed in joint resolution to the equitable split
of these funds. The County's share will be $1.112 million, Then, ifthere are any funds left over,
additional projects will be considered in an additional round of funding,
Initial project proposals for the first category of funds noted above were due to the Florida
Department of Environmental Protection (FDEP) on August 19, 2002, Staff provided
information to FDEP documenting projects at Key Largo Park ($1.66 M), North Key Largo
Utility (NKLU - Ocean Reef Club) ($987,586), and Key West Resort Utility (KWRU)
2
($134,822). Comments on the project proposals have been made by FDEP for the Key Largo
Park project and have been responded to by FKAA consulting engineers. Staff awaits comments
from FDEP on the NKLU and KWRU projects.
Recall from the August report, that there is a question as to whether the State funds may be
utilized for private utility projects, This question has not been answered to date and must be
before the projects may move forward, However, Representative Sorensen has addressed this
matter in a letter to FDEP indicating that it was not his intent in the legislation, which provides
the funds, to exclude private utilities from potential receipt of grant dollars. Staff will provide an
answer to this question by the next BOCC meeting in October.
Finally, at its August meeting the County agreed to provided up to $200,000 to reimburse the
FKAA for services from its consulting engineer in preparation of documents for the state funding
projects, notably Key Largo Park, Funds will be provided to the FKAA on a reimbursement
basis,
Remaining Cesspool Elimination Funds: In a separate report prepared for the September Board
meeting, a complete assessment of the availability of the cesspit replacement funds is provided
with recommendations for its redistribution to other projects. However, at a minimum
$1,095,394 of state funds and $792,049 of County funds are projected to remain for
redistribution. These figures are predicated on an assumption that 36 on-site system permits that
are currently still in the system will apply for and receive grant funds for cesspit replacement. If
this is not the case, then the availability of cesspit replacement funds for redistribution will be
'higher than projected,
The BOCC approved utilizing FDCA and County funds intended for cesspit removal at its
September 21, 2002 meeting. Staff is working on grant revisions to both FDCA grants to be
prepared for the October 16, 2002 board meeting, If contract revisions can not be completed in
time, this item may slip to no later than the November BOCC meeting, FDCA is preparing the
contract revisions at this time,
The FDEP grant, if any FDEP funds remain, must be spent by July 2003. Staff has talked to both
FDEP and the FDOH at about the transition process for using this money. FDOH will send out
"last chance" letters to the remaining 36 applicants in the permitting process, If they do not
adequately respond by the end of the year, the cesspit identification and elimination grant
program will be terminated and the funds will be shifted through a grant contract revision to the
Key Largo Wastewater project or elsewhere as appropriate"
Issues Addressed! Actions Taken
o Approval by the BOCC to provide funds to the FKAA in the amount of $200,000 to offset
costs of preliminary engineering efforts to complete requirements to receive State funds,
o Approval of staff recommendations for use of remaining FDEP, FDCA, and County funds
remaining from cesspit replacement program,
3
o Approval of a Resolution requesting that the State's Congressional delegation assess the
feasibility of shifting any federal appropriations funds for wastewater in the Florida for
management and dissemination by the Florida Department of Community Affairs,
Issues That Need to be Addressed
o Need to adopt financial assistance criteria for economically disadvantaged households
throughout the County,
Recommended BOCC Action:
o Consideration of additional recommendations for financial assistance programs.
Significant Future Milestones/Actions:
o Decision on financial assistance programs as recommended by staff. [Target Date:
November Commission meeting}
WASTEWATER GOVERNANCE
Two issues now appear under the wastewater governance category of the monthly report:
1. the continuing relationship and agreements between the County and the FKAA, and
'2. the issue oftransition agreements between the County and the new utility in Key Largo,
Update: Currently County and FKAA staff are working well together, though more frequent
communication is recommended, No work has been done to complete or revise thecurrent
operating agreement between the two agencies. Staff believes that a new operating agreement
will be ready for the November BOCC meeting,
Staff continues to make preparations for the transition of the Key Largo FEMA project at Key
Largo Trailer Village and the state funded project at Key Largo Park, It is the goal of each
agency to complete all requirements for both projects up to and through the development of a
Request for Statements of Qualifications (RSQ) for a designlbuild wastewater facility at Key
Largo Trailer Village and a designlbid/build project at Key Largo Park. The FKAA will provide
the documents to the newly elected Board of the Key Largo Wastewater Utility as the RSQs are
completed and the new Board is prepared to receive them and take action.
Staff remains concerned that, with the time deadlines facing the new Key Largo Board for both
the FEMA and State projects, the new Wastewater Utility Board will have difficulty meeting
these appointed deadlines, Staff believes that the County and the FKAA should stand ready to
assist if requested.
An additional concern is that the new Utility Board may not have the financial wherewithal to
commit to and complete the two wastewater projects in Key Largo if the voters do not elect to
provide funds through the Utility millage referendum.
4
Issues That Need to be Addressed:
o Need to prepare and approve new agreements between the FKAA and Monroe County
spelling out the roles and responsibilities of the two organizations for each party for the
provision of wastewater services and financial commitment and underwriting by the County,
Recommended BaCC Action:
o Consideration of new agreement(s) with the FKAA establishing roles and responsibilities for
wastewater services in unincorporated Monroe County prepared by the FKAA and County
staffs.
Significant Future Milestones/Actions:
o Execution of new agreement(s) with the FKAA spelling out the renewed relationship with
the County including specific roles and responsibilities and financial commitment and
underwriting by the County, [Target Date: November or later Commission meeting}
PROGRAMMATIC IMPLEMENTATION PLAN
Update: In conjunction with the-FKAA staff, the County will move forward on the preparation
of the programmatic implementation plan, Significant work has been completed by the BaCC in
'-the past several months, but additional time investment is necessary on critical wastewater
projects before completing the programmatic implementation plan. Staff anticipates having this
item in front of the Board at its November meeting, Most importantly, the plan will outline a
reasonable and achievable prioritized list of wastewater projects to move forward on,
Issues Addressed! Action Taken:
o Approval by BaCC of policies on "reasonable" connection fees and monthly service charges
and public financial assistance to wastewater projects and economically disadvantage
households,
Issues That Need to be Addressed:
o Need for realistic programmatic implementation plan that establishes policies on reasonable
connection fees and monthly charges; project and financing priorities; and a schedule for
programming of wastewater projects based on available identified funding in accordance
with the Sanitary Wastewater Master 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,
5
Recommended BOCC Action:
o Consideration of recommended draft programmatic implementation plan prepared by County
and FKAA staff.
Significant Future Milestones/Actions:
o Approval of programmatic implementation plan for the Sanitary Wastewater Master Plan
[Target Date: November Commission meeting}
FEMA UNMET NEEDS PROJECTS
A. General
FEMA has notified FKAA and the County that the Programmatic Environmental Assessment
(PEA) for all FEMA projects is completed and that public hearing dates have been set for
October 8, 2002 in Key Largo and October 9, 2002 in Marathon, All staff meeting was held on
September 19,2002 in preparation for the October meetings, An informal public workshop was
hosted by the FKAA on the same day to assist the new sewer board candidates in understanding
the issues associated with the wastewater projects in the works,
Supplemental Environmental, Assessment hearings will be held for each of the projects
individually, Key Largo, Conch Key, and Baypoint later in the fall. Dates have not yet been set
'for these hearings. However, these meetings should start with the Conch Key project sometime
in November.
B. Key Largo Trailer Village (MM 101.5) and Key Largo Park (MM 100.5)
Update: Staff continues to work in preparing documents for both the Key Largo Trailer Village
FEMA project and the Key Largo Park State funded project. Staff believes that all necessary
documents for initiating a Request for Statements of Qualification will be complete before the
end of the year, Thus, the newly elected Key Largo Wastewater Utility Board can direct the
projects from that point forward. Such preparations will include all documentation required to
that point for both FEMA and FDEP, which provide separate funding for these projects,
The Board approved the redistribution the State cesspit replacement funds to the Key Largo
projects to assist in writing down some of the cost to homeowners and businesses as well as to
expand the user base of these projects if possible. This will help expanding the project area and
in minimizing some costs,
However, principal issues facing the Board of County Commissioners is the smooth and
expedient transition of this process to the newly elected Utility Board, Staff believes that the
newly elected Board will have a difficult time completing the transition in a timely manner
without the assistance of the County and the FKAA. Meetings between the County, FKAA, and
the State continue on this subject.
6
Issues Addressed! Addressed Taken:
o Approval by the BOCC assigning $1.66 million in available State funds to expand the Key
Largo Trailer Village FEMA project to include Key Largo Park.
o Approval of a resolution with the FKAA for the use of $1,66 million in FDEP funds to move
forward toward constructing the Key Largo Park project and the designation of up to
$200,000 in Fund 148 dollars to assist the FKAA in on-going engineering costs for the Key
Largo project.
Issues That Need to be Addressed:
o Need to amend the joint resolution with FKAA (Resolution No, 093-02) to more accurately
reflect transition of responsibilities and duties to the new wastewater utility board for the
FEMA and State project commitments and for any commitments that the County has made to
the FKAA.
Recommended BOCC Action:
o Consideration of an amended joint resolution agreement with the FKAA for the Key Largo
Trailer Village on a transition plan and appropriate changes in County funding and
underWriting commitments.
Significant Future Milestones/Actions:
o Approval of a joint resolution with the FKAA on the Key Largo Trailer Village project.
[Target Date: November Commission meeting)
C. Conch Key (MM 61)
Update: Public works has completed a survey of the proposed Conch Key Wastewater
Treatment Plan site in order to request transfer of the property from the Florida Department of
Transportation to the County, This action is being coordinated by the Land Authority and should
be in front of the Commission within by the November meeting.
The FKAA will prepare design criteria for the stand alone project at Conch Key, The design
criteria will be for a design/build type project. These design criteria documents should be read
by December 2002,
The County and the FKAA will hold an informal public meeting at Conch Key to discuss the
direction and progress on the project and to take public input. This meeting will be held in
October 2002,
7
Issues Addressed! Addressed Taken:
o Approval by the BOCC of the selection of the stand-alone wastewater management option
for Conch Key on June 20, 2002,
Issues That Need to be Addressed:
o Need to revise the joint resolution with the FKAA (Resolution No. 227-002) to reflect
updated job responsibilities and commitments.
Recommended BOCC Action:
o Consideration of amended joint resolution or agreement with the FKAA for Conch Key on
milestones to complete the project and on County funding and underwriting for the
commitments for the project.
o Need to accept transfer of property on the bayside of Conch Key from FDOT for placement
of the proposed wastewater treatment plant.
Significant Future Milestones/Actions:
o Approval of a joint resolution on milestones to complete the Conch Key project and on
County project funding and underwriting commitments, {Target Date: November
Commission meeting]
o Approval of transfer of property from FDOT to the County, {Target Date: November
Commission meeting]
D. Baypoint (MM 15)
Update: Work on the development of design documents continues for the Baypoint FEMA
project. FKAA will be finished with this work in preparation to send and evaluate responses to a
Request for Statements of Qualification in the early part of the year.
The land Authority is proceeding on efforts to appraise and acquire the selected wastewater
treatment plant site at Bluewater RV Park. Staff is continuing to look at other options and will
look at those at its meeting with the FKAA on September 19th.
Revisions to the County zoning regulations concerning allowed uses in RV Land Use districts is
underway, The Planning Commission heard the proposed change to the RV District and several
others on Tuesday September 10th, 2002 amending the regulations to all wastewater treatment
facilities. In the future, components of public wastewater utilities, such as pump stations or
8
treatment plants, may be allowed through a major conditional use approval. The BOCC will
receive this amendment to the Land Development Regulations (LDRs) soon. Quite a number of
individuals representing the property owners in Bluewater RV Park addressed the Planning
Commission concerning the revision to the LDRs and are likely more specifically concerned
about the potential location of this plant within their current Park boundaries.
As requested by the BOCC, County and the FKAA staff will hold public forums on the Baypoint
project in October,
Issues Addressed! Addressed Taken:
o Selection by the BOCC of a site in Bluewater RV Park for location of a wastewater treatment
plant,
Issues That Need to be Addressed:
o Need to acquire the site for the wastewater treatment plant at Bluewater RV Park,
o Need to revise the joint resolution with the FKAA concerning mutual responsibilities and
commitments for the Baypoint FEMA project.
Recommended BOCC Action~' -
o Consideration of an amended joint resolution with the FKAA,
o Consideration of an acquisition site through purchase or condemnation,
Significant Future Milestones/Actions:
o Acquisition of wastewater treatment plant site for the Baypoint project. (Target Date:
October 2002 Commission meeting)
o Approval of an amended joint resolution with the FKAA. (Target Date: October
Commission meeting or later)
KEY WEST RESORT UTILITIES (STOCK ISLAND EXPANSION)
Update: The Commission requested that a recommendation be made concerning the
determination of financial hardship for those required to hook-up to an investor-owned utility.
The Commission will be asked to review recommendations made by staff at its September 2002
meeting, Discussions with the Monroe County Housing Authority indicate that the housing
Authority is willing to administer the grant program for hook-up fees and certain on-site
improvements for those determined to have a financial hardship, In will use SHIP funds in this
effort, In addition, the Housing Authority has been notified that it has been short-listed to
receive Community Development Block Grant Funds (CDBG) in the amount of approximately
9
$487,000. These funds will assist in making hook-up fees and on-site improvements for
wastewater affordable to a larger number of individuals identified as meeting hardship criteria.
Issues Addressed/Addressed Taken:
o Approval by the BaCC on July 31, 2002, of a contract to make available to Key West Resort
Utility $4,6 million in Fund 304 Infrastructure money to expand its collection to the
remaining portions of south Stock Island.
Issues That Need to be Addressed:
o Need to develop a financial assistance program for economically disadvantaged households.
o Need to request the Key West Resort Utility move forward on upgrading its plant to A WT,
Recommended BaCC Action:
o Consideration of financial assistance program developed by staff at the direction of the
Board,
o Consideration of a resolution requesting that Key West Resort Utility move forward on
upgrading its wastewater treatment plant to meet A WT standards.
Significant Future Milestones/Actions:
o Acceptance of financial assistance program for economically disadvantaged households
presented by staff, [Target Date: September Commission meeting)
o Approval of resolution requesting the Key West Resort Utility upgrade to A WT, [Target
Date: October 2002 Commission meeting]
LOWER KEYS WASTEWATER (MM 7.0 TO MM 11.0)
Update: The FKAA is initiating preliminary work to develop engineering design criteria for the
Big Coppitt area. This will begin in detail in October.
Information developed by the FKAA will be evaluated to determined what the best management
options are for the area. A preferred approach will be presented to the Commission.
Issues Addressed! Addressed Taken:
o None to date
Issues That Need to be Addressed:
10
o Need to determine the preferred wastewater management option for Big Coppitt, including
preliminary system capital and operating costs.
o Need to complete preliminary engineering and design on preferred wastewater management
option.
o Need to seek additional funding for the project as the next project in priority from the
Sanitary Wastewater Master Plan.
Recommended BaCC Action:
o Consideration of recommendations of staff on preferred wastewater management options for
Big Coppitt,
o Consideration of a resolution requesting that Key West Resort Utility move forward on
upgrading its wastewater treatment plant to meet A WT standards.
o Direct staff to seek funding for the Big Coppitt wastewater project.
Significant Future Milestones/Actions:
o Consideration of project proposals for wastewater management options on Big Coppitt to
determine the preferred wastewater management option. [Target Date: To be determined)
o Acceptance of grant funds to further develop the Big Coppitt wastewater project. [Target
Date: To be determined)
EP A DECENTRALIZED WASTEWATER DEMONSTRATION PROGRAM
Update: Staff has met with the Board of the FKAA and presented a preliminary proposal to
move forward in acceptance of the EP A Decentralized wastewater grant. The FKAA Board
agreed that it was worth pursuing the grant through the development of a feasibility analysis at
which time the County and the FKAA would determine whether to move forward further on the
project. This same preliminary proposal is before the Commission for its September meeting,
Should the Commission agree to move forward with the project, CH2MHill would be requested
to prepare grant application for the EP A funds and the feasibility analysis. CH2MHill would
then prepare a Request for Statements of Qualification document to complete construction
components of the project.
Issues Addressed! Addressed Taken:
o Approval of staff recommendations to move forward with the EP A decentralized grant
program. [Target Date: September Commission meeting}
1 1
Issues That Need to be Addressed:
o Need to determine how the grant funds will be used and to prepare an application to receive
the EP A decentralized utility grant award,
o Need to complete a feasibility analysis to determine whether or not to move forward with the
EP A decentralized Utility grant award,
o Need to access the feasibility study and determine the future direction of the EP A
decentralized wastewater project,
Recommended BOCC Action:
o None at this time
Significant Future Milestones/Actions:
Determination of project feasibility for the EP A Decentralized Utility project. [Target Date:
January or February 2003 Commission meeting}
OTHER ISSUES
Update: Revision of the "coldspot" ordinance has placed areas like Duck Key and Conch Key in
Jeopardy of being required to provide engineered on-site wastewater systems prior to the
availability of the centralize wastewater system anticipated for either area. This jeopardy would
involve both new construction, additions, repair, or redevelopment.
Issues Addressed! Addressed Taken:
o None to date:
Issues That Need to be Addressed:
o Need to rescind the Resolutions 39-2002 and 40-2002 to eliminate Conch Key and Duck Key
as coldspot areas.
Recommended BOCC Action:
o Direct staff to revise the Coldspot ordinance to delete Conch Key and Duck Key from the
Coldspot ordinance,
Significant Future Milestones/Actions:
12
o Approval of a resolution to rescind Resolutions 39-2002 and 40-2002 to eliminate Conch
Key and Duck Key as coldspot areas, [Target Date: October Commission meeting]
13
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