Item C21 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2013 Division: Engineering&Public Works
Bulk Item: Yes _ No X Department: Wastewater
Staff Contact Person/Phone#:Wilson(453-8797)_
AGENDA ITEM WORDING: Approval for use of County owned parcel RE#00169200-000000 by
FKAA for installation of a neighborhood lift station, BOCC direction to the County Attorney to
prepare appropriate documents permitting that use, and approval for the County Administrator to
execute those documents.
ITEM BACKGROUND:. Residents of the Indian Mounds neighborhood on Upper Sugarloaf Key
have requested that the planned neighborhood lift station be relocated from the intersection of Indian
Mounds Drive and Aztec Street where it was located in the original design to the intersection of Aztec
St., and Cherokee St. on a vacant lot owned by Monroe County (RE# 00169200-000000). In the
original location the lift station would be located on a narrow unpaved portion of the ROW, directly
across the street from a neighborhood boat ramp and park, and immediately adjacent to a developed
parcel. In the proposed alternate location the lift station could be located on the narrow unpaved ROW.
With approval to locate the lift station on a 10' x 20' portion of the County owned parcel, the above
ground portion of the lift station (the electric panel) would be located a safer distance from the paved
portion of the ROW. The property was originally acquired by the County through a dedication of the
property for ROGO points and was to be held so as not to be developed. It is a Tier III lot.
PREVIOUS RELEVANT BOCC ACTION: On September 6, 2005, The County and FKAA entered
into a lease for the land and equipment which comprise various County owned and funded wastewater
systems to be constructed, operated and maintained by the FKAA. That lease provides for the addition
of properties, as needed to the lease by preparation of an addendum to the lease
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Staff recommends approval.
TOTAL COST: NONE INDIRECT COST: Staff Time BUDGETED: Yes No X
DIFFERENTIAL OF LOCAL PREFERENCE:N/A
COST TO COUNTY:N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty 501- OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
FKAA REQUEST
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Wilson-Kevin
From: Donald Hubbs <dhubbs@fkaa.com>
Sent: Thursday, May 23, 2013 4:33 PM
To: Wilson-Kevin
Cc: Tom Walker; Kirk Zuelch;Joshua Peele; 13granite@verizon.net
Subject: FW: Objection to proposed site for grinder-area lift for Indian Mound Wastewater
Project: Upper Sugarloaf
Attachments: UpperSugarloafLS1.pdf
Importance: High
Good afternoon Kevin.
The attachment and e-mail trailer represents a request by a group of homeowners On Upper
Sugarloaf Key regarding a request for area lift station relocation. The FKAA has met with the
homeowners most affected and support their request.
The attached exhibit requests that the relocated station be placed on county owned property
partially out of the road right-of-way on Cherokee Street. The current unpaved right-of-way
is not wide enough to safely accommodate the relocation request and requires a small amount
of additional property.
Please evaluate this request and let us know as soon as possible what the County's decision
is. An affirmative response will require a redesign, and although the cost should be small,
we want to make sure to allow enough time prior to moving into this island for construction.
Thanks very much
Donald R. Hubbs
Managing Director-Engineering
Florida Keys Aqueduct Authority
1100 Kennedy Drive
Key West, FL 33040
(305) 295-2142
(305) 295-2223 - fax
-----Original Message-----
From: Joshua Peele
Sent: Thursday, May 23, 2013 4:17 PM
To: Donald Hubbs
Cc: Tom Walker
Subject: FW: Objection to proposed site for grinder-area lift for Indian Mound Wastewater
Project: Upper Sugarloaf
Good Afternoon Don,
In response to the below homeowner, I have prepared the attached figure illustrating the
current design location and new proposed location for lift station 1. The new proposed
location would be adjacent to, and partially located on, County-owned land (Parcel ID
00169200-000000, ALK 1218197).
1
Sincerely,
Joshua W. Peele
Engineering Projects Administrator
Florida Keys Aqueduct Authority
(305) 809-2636 office
(305) 509-2025 mobile
-----Original Message-----
From: Kirk Zuelch
Sent: Thursday, May 16, 2013 2:38 PM
To: Jessica Lanier; Donald Hubbs; Joshua Peele
Cc: Tom Walker; boccdis4@monroecounty-fl.gov; boccdis2@monroecounty-fl.gov; Gastesi-
roman@monroecounty-fl.gov
Subject: RE: Objection to proposed site for grinder-area lift for Indian Mound Wastewater
Project: Upper Sugarloaf
Dear Ms. Lanier:
Thank you for your e-mail. We have been working closely with homeowners and neighborhood
associations when concerns arise. Recently we met with representatives of the Sugarloaf
Shores Property Owners Association to better position some lift stations. I have asked Tom
Walker, the head of our Engineering Department, to review your concerns and to look at the
alternative sites you have suggested. I will contact you upon completion of his review and
set a time that we can meet and discuss the options available.
Kirk Zuelch
-----Original Message-----
From: Jessica Lanier [mailto:13granite@verizon.net]
Sent: Thursday, May 16, 2013 12:52 PM
To: Donald Hubbs; Joshua Peele
Cc: Tom Walker; boccdis4@monroecounty-fl.gov; boccdis2@monroecounty-fl.gov; Gastesi-
roman@monroecounty-fl.gov; Kirk Zuelch
Subject: Objection to proposed site for grinder-area lift for Indian Mound Wastewater
Project: Upper Sugarloaf
Florida Keys Aqueduct Authority
1100 Kennedy Drive
Key West, FL 33041
Attn: Kirk C. Zuelch, Tom Walker, Donald R. Hubbs, Joshua Peele
CC: County Commissioners
Jessica Lanier and Gregory Morell
19674 Indian Mound Drive
Sugarloaf Key, FL 33042
May 15, 2013
RE: Siting of grinder/lift pump for Indian Mound Estates wastewater system
Gentlemen,
Thank you for taking the time to meet with us on May 13th. As we discussed we have grave
concerns regarding the planned location of the area lift grinder pump in our neighborhood of
Indian Mound Estates. The placement of this sewage treatment device in our front yard would
materially diminish the value of our home. However, our objections are not merely personal.
Discussions with our neighbors and with the president of our homeowners association, The
Indian Mound Estates Property Owners, indicates universal objection to the current plan. This
is not a community of wealthy "snow-birds" who live barricaded in waterfront compounds.
2
Rather, its a close-knit neighborhood of working families, many with children who attend
nearby Sugarloaf School.
It appears that the design of the Indian Mound sewer system was driven by the currently
proposed location for the grinder pump. While it is true that the inside corner of Indian
Mound Drive and Aztec Street has one of the larger easements in the area, it also sits at the
entrance to our boat ramp and picnic area, the sole asset of the aforesaid homeowners
association. Real estate agents invariably cite this neighborhood feature as a selling point.
However, as there was no public comment period, the designers, unfamiliar with the
neighborhood, failed to realize that this is a heavily used public space, in effect, a public
park enjoyed by the entire neighborhood. On weekends both sides of Aztec are lined with boats
and trailers, the street and neighboring field are filled with children and dogs playing.
This area is our community space, it is our living room. In an otherwise landlocked
neighborhood, most of us access the water via the area you propose to turn into a sewage
processing site marred by smells and droning grinders. Sewage infrastructure belongs in the
utility closet, not in the family room.
Furthermore, the proposed site not only lowers the value of everyone's property by
destroying this commonly held gem, it compromises the neighborhood's historic character.
originally a Native American settlement (hence the name) this subdivision was developed in
1952/3 when a dozen or so homes were moved from the naval base in Key West to their present
sites. These houses, vernacular one-story residences with gable roofs dating to the 1930s,
originally served as officer or pilot housing and are listed in the State File of Historic
Places maintained by the Florida Division of Historical Resources. A historic overlay
district has been proposed for the neighborhood (see attachment).1 It is wholly inappropriate
to site this type of infrastructure in the most publicly visible spot in the neighborhood.
Aside from the aesthetic considerations, locating a grinder pump here raises serious
safety and environmental concerns. When the system fails due to a prolonged power outage or a
hurricane, raw sewage will flow into the adjacent mangroves, the bay, and our swimming area.
We say when, not if --during Hurricane Wilma over five feet of water flooded the area. The
corner is also quite tight and the fence and palm tree located there now have been repeatedly
struck by trucks and boat trailers navigating the turn.
We recommend a redesign that takes these facts into consideration.
We regret that the project was allowed to go to bid without the public comment that could
have prevented this situation. However, it is wrong to victimize the residents of Indian
Mound because of it. There are several alternatives that will not adversely affect the
neighborhood (see attached proposals) . A county-owned lot at the northeast corner of Aztec
and Cherokee Street would be a far better location for the pump (Alternate Key: 1218197;
Parcel ID: 00169200- 000000.) This lot, like most of Indian Mound Estates is designated as
TIER III-Infill. Both options shorten the pipe runs and/or the depth requirements. We are at
a loss as to why the county would prevent the use of their lots for this necessary
infrastructure. Are these not OUR lots, as they are owned by OUR government? Should they not
be used for the good of the citizens who fund and elect said government? Another possible
site would be in the easement across the street from this lot, directly next to the existing
power line. We feel that a site on Cherokee Street would be the least intrusive location for
the grinder.
Given the problems of the proposed site and the community sentiment regarding it, we ask
you to find a more suitable location for the lift station; one that satisfies the engineering
requirements while taking into consideration the neighborhood's shared amenities. We are sure
that the cost associated with a redesign will be far less than that arising from a protracted
legal battle. We support the project wholeheartedly but fail to understand why its
implementation needs to irrevocably damage our historically unique and beautiful
neighborhood.
Sincerely,
Jessica Lanier and Greg Morell
(508) 843-6669
3
Attachments: Currently proposed design with (Z) alternative proposals
Florida State Historic Site File on Indian Mound Estates
[[: Indian Mound Estates Property Owners Association Monroe County Board of Commissioners,
Mayor David Rice boccdis4@monroecounty-fl.Qov Commissioner George NeuQent
boccdisZ@monroecounty-fl.Qov County Administrator Roman Gastesi Gastesi-roman@monroecounty-
fl.gov
*
COUNTY ATTORNEY OPINION
Wilson-Kevin
From: Grimsley-Susan
Sent: Friday, June 28, 2013 8:26 AM
To: Wilson-Kevin
Cc: Shillinger-Bob; Rosch-Mark; Bergh-Beth; Hurley-Christine
Subject: RE: Objection to proposed site for grinder-area lift for Indian Mound Wastewater
Project: Upper Sugarloaf
You have asked whether the property identified as Lot 1, block 5 Indian Mounds Estates RE# 00169200.000000, which
was dedicated/given to Monroe County for 2 ROGO points may be used for the installation of a pump station for the
central sewer system, and whether permits are required by FKAA .
1. The FKAA legislation states that the FKAA needs no permits or approvals from the County. The IS zoning requirement
for a conditional use does not apply.
2. There is no deed restriction and no restrictive covenant or easement restricting the use of the property to conservation
land.
3. The pre-Tier dedication was for a 2 point increase in the ROGO score if the application " includes the dedication of
either an additional legally platted buildable lot OR an additional one (1) acre of unplatted buildable land located in areas
proposed for acquisition by governmental agencies for the purposes of conservation or resource protection. " At this point
I am assuming that the purpose of conservation or resource protection applies to the platted lots as well as to the
acreage, and I believe that is how we have treated individual lots.
4. The property is Tier III, and appears from the aerial photo to be mostly clear of vegetation. Since the tier system was
implemented, criteria has changed for dedication of lots, and this one would now be acceptable for affordable housing.
5. I understand that MC treats this as conservation land and removes invasive exotics from the property with grant funds,
which we would not want to jeopardize. However if this one property was removed from the list of properties benefiting
from the funding, there may not be a problem with that. The property looks easy to maintain with County or FKAA funds .
I have e-mailed Linda King who manages our grant with FWC and need more information from her. Beth may be able to
clear up the grant funding question, and I have asked Linda King whether MC can still call this a conservation property.
6. However, in this particular case, I do not see a conflict between the purpose of " resource protection " in the pre-Tier
code and conservation . The goal is to protect the natural resources of Monroe County. The minimal installation of a 10
foot by 20 foot pump station underground with a small electrical panel showing does not destroy the use of the land for
conservation, especially with its classification of Tier III. The remaining part can be treated the same way as it has been
since it was dedicated. Since this is on a corner lot, perhaps we could plant some native plants on the property and
screen this from the other properties.
I would view this as a very limited exception to the use of land dedicated in the past, because the purpose is the same
and the intrusion is minimal. This should not be a precedent to the use of MC lots for other purposes. The BOCC should
make that decision. If the County decides to use the lot, an arrangement will have to be made with FKAA for its use and
protection. No permit process will be necessary because of FKAAs broad legislated powers.
Susan Grimsley
Asst. County Attorney
305.292.3470
From: Wilson-Kevin
Sent: Wednesday, June 26, 2013 9:16 PM
i
To: Grimsley-Susan
Cc: Shillinger-Bob
Subject: FW: Objection to proposed site for grinder-area lift for Indian Mound Wastewater Project: Upper Sugarloaf
Susan,
Here is the background info on the property in question. I need to ascertain whether the FKAA can use this County owned
parcel for a neighborhood lift station. Mayte has reviewed and there appears to be no
planning restriction. The remaining barrier we need to figure out is whether the basis for dedication to the County
includes restrictions that FKAA's enabling legislation doesn't supersede. If they can use it, I need to get that approval on
the BOCC agenda,
preferably this coming month so they can start re-design.
kevi nw
Kevin G. Wilson, P.E.
Monroe County Public Works & Engineering Division
Murray E. Nelson Government&Cultural Center
102050 Overseas Highway, Room 214
Key Largo, FL 33037
(305) 292-4560 (Key West)
(305) 453-8797 phone (Key Largo - direct)
(305) 797-1547 cell
(305) 453-8798 fax-Key Largo
(305) 295-4321 fax-Key West
wilson-kevin@monroecounty-fl.gov
From: Wilson-Kevin
Sent: Tuesday, June 25, 2013 8:16 PM
To: Shillinger-Bob
Cc: Suzanne Hutton
Subject: FW: Objection to proposed site for grinder-area lift for Indian Mound Wastewater Project: Upper Sugarloaf
Importance: High
Any luck ascertaining:
1.
Are there actually conservation easements on this property?
2.
2
&whether the FKAA enabling legislation trumps the conservation easements?
Kevin G. Wilson, P.E.
Monroe County Public Works & Engineering Division
Murray E. Nelson Government&Cultural Center
102050 Overseas Highway, Room 214
Key Largo, FL 33037
(305) 292-4560 (Key West)
(305) 453-8797 phone (Key Largo - direct)
(305) 797-1547 cell
(305) 453-8798 fax-Key Largo
(305) 295-4321 fax-Key West
wilson-kevin@monroecounty-fl.gov
From: Wilson-Kevin
Sent: Friday, June 21, 2013 3:59 PM
To: Shillinger-Bob
Cc: Santamaria-Mayte; Rosch-Mark
Subject: RE: Objection to proposed site for grinder-area lift for Indian Mound Wastewater Project: Upper Sugarloaf
Bob,
The original message had attachments showing the locations, etc. There's a considerable e-mail exchange but the
questions seem to boil down to:
1.
Is the basis for donation of the property for conservation purposes a show stopper for use of this property by the FKAA?
2.
Can the BOCC authorize the FKAA to put a lift station on this property? (i.e. does the conservation dedication bar its use?)
3.
If the property can be used, does the FKAA enabling statute overcome the LDC requirement for a Major Conditional Use
approval?
I've attached an e-mail thread with attachments that include Mayte's & Mark Rosch's research into the history of the
property. I've also included a copy of a LOF extract of Chapter 76-441 showing FKAA's permit
exemptions (provided by Bob Feldman)
Kevin G. Wilson, P.E.
Monroe County Public Works & Engineering Division
Murray E. Nelson Government&Cultural Center
102050 Overseas Highway, Room 214
Key Largo, FL 33037
(305) 292-4560 (Key West)
(305) 453-8797 phone (Key Largo - direct)
(305) 797-1547 cell
(305) 453-8798 fax-Key Largo
3
PLANNING REVIEW
Wilson-Kevin
From: Santa maha-K4ayte
Sent: Wednesday, K4ay2A' 2013 11:02AK4
To: Wilson-Kevin; Rnsch-Mark; Oarke-]udith; 'Don Hubbs (dhubbs@fkaa.cnm)'; 3hiUinger-
8nb
Cc: Hurley-Christine; Haberman-Joe
Subject: RE: Objection to proposed site for grinder-area lift for Indian Mound Wastewater
Project: Upper Sugarloaf
Okay—so | assumeda lift station was a small structure with equipment inside ofit.
Kevin just directed me to photos of lift station. | don't believe FAR is an issue.
That said, the IS zoning district permits wastewater treatment collection system (meaning the use of land and its above
ground installed appurtenances related to the collection and transmission of wastewater 10 a treatment facility located
on another lot or parcel) asa major conditional use (Section 130-83).
Frmmm: Santamaria-Mayte
Sent: Tuesday, May28, 2013 12:19 PM
To: Wilson-Kevin; Rosch-Mark; Clarke-]udith; Don Hubbs (dhubbs0fkaa.com); Shi||inger-Bob
Cm: Hurley-Christine; Haberman-]oe
Subject: RE: Objection to proposed site for grinder-area lift for Indian Mound Wastewater Project: Upper Sugarloaf
Okay—so |'m not positive on how the permitting of VVVV has been handled in the County to date.
This property has RM FLUM & |S zoning designations.
The IS district lists VVVVas a major conditional use (Section 130-83). That said, the RM FLUM category does not provide
for any FAR.
z
I'm not positive if a lift station isa structure vve review relative 10 FAR standards??? If yes,this may beanissue.
The code defines FAR as the total floor area lot or site.
Excerpts of the Comp Plan and Code are provided below.
May16
PoUicy101'4'3
The principal purpose ofthe Residential Medium land use category is to recognize those portions of
subdivisions that were lawfully established and improved prior to the adoption of this plan and to define
improved subdivisions as those lots served by a dedicated and accepted existing roadway, have an approved
potable water supply, and have sufficient uplands to accommodate the residential uses. Development on
vacant land within this land use category shall be limited to one residential dwelling unit for each such platted
lot or parcel which existed at the time of plan adoption. However, Monroe County shall adopt Land
Development Regulations which allow nonresidential uses that were listed as a permitted use in the Land
Development Regulations that were in effect immediately prior to the institution of the 2010 Comprehensive
Plan (pre-2010 LOR's). and that lawfully existed on such lands on January4. 1998todevelop, redeve|op,
reestablish and/or substantially improve provided that the uses are limited in intensity, floor area, density and
to the type of use that existed on January 4. 1998or limited towhat the pre-2O1OLOR's allowed, whichever is
more restricted. Lands within this land use category shall not be further subdivided.
PoUicy101^4.21
Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are
shown on the Future Land Use Map and described in Policies 1O1.4.1 -1O1.4.17:
Future Land Use Densities and Intensities
ty(b) Maximum Net Density
Future Land Use Category Allocated Densi (b)(i) Maximum Intensity
And Corresponding Zoning (per acre) (per buildable acre) (floor area ratio)
Residential Medium (RM) approx.0.5-8 du N/A
0 rooms/spaces
Sec. 101-1' - Definitions.
Building means a structure that is located on land or water and which can be used for housing, business,
commercial, agricultural, storage or office purposes, either temporarily or permanently.
Floor means the top surface of an enclosed area in a building (including basement), i.e., the top of the slab in
concrete slab construction or the top of the wood flooring in wood frame construction. The term does not
include the floor of an area used exclusively for parking of vehicles (i.e., garage), limited storage, or building
access (i.e.. stairs, elevator shafts, maintenance crawl spaoe).
Floor area means the sum of the gross horizontal areas of each story of the principal building, measured from
the exterior walls or from the centerline of party walls, including the floor area of accessory uses and of
accessory buildings and structures.
Floor area ratio means the total floor area of the building on a lot divided by the gross area of the lot or site.
2
Habitable floor means any floor area equipped for uses including, but not limited to, kitchen, dining, living,
family or recreation room, laundry, bedroom, bathroom, office, workshop, professional studio or commercial
occupancy.
Structure means anything constructed, installed or portable, the use of which requires a location on a parcel
of land. It includes a movable building that can be used for housing, business, commercial, agricultural or
office purposes, either temporarily or permanently. The term "structure" also includes roads, walkways, paths,
fences, swimming pools, tennis courts, poles, pipelines, transmission lines, tracks, signs, cisterns, sewage
treatment plants, sheds, docks, mooring areas, off-shore swimming platforms and other accessory
construction.
Wastewater treatment collection system means the use of land and its above ground installed appurtenances
related to the collection and transmission of wastewater to a treatment facility located on another lot or parcel.
Wastewater treatment facility means the use of land and its appurtenances for the treatment of wastewater
collected predominately from other lots or parcels.
Sec. 3 -1 4. _ Maximum nonresidential land use Intensities and district open space.
Maximum nonresidential land use intensities and district open space shall be in accordance with the
following table:
1� —
Land Use
...District FArea
aximum Floor Ratio
Improved subdivision:
......................................................................................................................................................................................................................................................................
Commercial retail:
Low intensity 6.25** 0.20
Medium
...intensity
....................................................................................... 0.20** 6.20
Offices 0.25 0.20
Sec. 3 -83. - Improved subdivision district (IS).
(a)The following uses are permitted as of right in the improved subdivision district:
(1)ln those improved subdivision districts with no subdistrict indicator, detached dwellings of all types;
(2)ln those improved subdivision districts with an M subdistrict indicator, only detached dwellings of
masonry construction;
(3)ln those improved subdivision district with a D subdistrict indicator:
a.Detached dwellings; and
b.Duplexes;
(4)Home occupations—Special use permit required;
(5)Accessory uses;
(6)Collocations on existing antenna-supporting structures, pursuant to section 146-5(3);
(7)Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(6); and
(8)Wastewater nutrient reduction cluster systems that serve less than ten residences.
(b)Vacation rental use is prohibited in all IS districts and subdistricts, except in:
(1)IS-V districts (as set forth in section 130-83); and
3
(2)ln gated communities that have:
a.Controlled access; and
b.A homeowner's or property owner's association that expressly regulates or manages
vacation rental uses.
(c)The following uses are permitted as minor conditional uses in the improved subdivision district, subject to
the standards and procedures set forth in chapter 110, article III:
(1)Parks and community parks;
(2)Public parks;
(3)Schools; and
(4)Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146-5(6).
(d)The following uses are permitted as major conditional uses in the improved subdivision district, subject to
the standards and procedures set forth in chapter 110, article III:
(1)Commercial retail of low- and medium-intensity and office uses or any combination thereof of less
than 2,500 square feet of floor area, provided that:
a.The parcel of land on which the commercial retail use is to be located abuts the right-of-
way of U.S. 1, or a dedicated right-of-way to serve as a frontage road for U.S. 1;
b.The structure must be located within 200 feet of the centerline of U.S. 1;
c.The commercial retail use does not involve the sale of petroleum products;
d.The commercial retail use does not involve the outside storage or display of goods or
merchandise;
e.There is no direct access to U.S. 1 from the parcel of land on which the commercial retail
use is to be located;
f.The structure in which the commercial retail use is to be located is separated from the U.S.
1 right-of-way by a class C bufferyard;
g.The structure in which the commercial retail use is to be located is separated from any
existing residential structure by a class C bufferyard; and
h.No signage other than one identification sign of no more than four square feet shall be
placed in any yard or on the wall of the structure in which the commercial retail use is to be
located except for the yard or wall that abuts the right-of-way for U.S. 1;
(2)Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(5);
(3)Land use overlays A, INS, PF, subject to the provisions of article IV of this chapter; and
(4)Wastewater treatment facilities and wastewater treatment collection systems serving uses located
in any land use district, provided that:
a.The wastewater treatment facility and wastewater treatment collection systems are in
compliance with all federal, state, and local requirements;
b.The wastewater treatment facility, wastewater treatment collection systems and accessory
uses shall be screened by structures designed to be architecturally consistent with the
character of the surrounding community and shall minimize the impact of any outdoor
storage, temporary or permanent; and
c.ln addition to any district boundary buffers set forth in chapter 114, article IV, a planting
bed, eight feet in width, to be measured perpendicular to the exterior of the screening
structure shall be established with the following:
1.0ne native canopy tree for every 25 linear feet of screening structure; and one
understory tree for every ten linear feet of screening structure;
4
23he required trees shall be evenly distributed throughout the planting bed;
33he planting bed shall be installed as set forth in chapter 114, article IV, and
maintained in perpetuity; and
4.A solid fence may be required upon determination by the planning director.
(e)The following lawfully established nonresidential uses in the suburban residential land use district, which
were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land
development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive
Plan (pre-2010 LDRs) and lawfully existed on such lands on January 4, 1996, which are damaged or
destroyed may be permitted to be redeveloped, make substantial improvements, or be reestablished as an
amendment to a major conditional use, subject to the standards and procedures set forth in cha ter 110,
article III: Commercial retail of low- and medium-intensity or office uses or any combination thereof of less
than 2,500 square feet of floor area, provided that:
(1)The parcel of land on which the commercial retail use is to be located abuts the right-of-way of
U.S. 1, or a dedicated right-of-way to serve as a frontage road for U.S. 1;
(2)The structure must be located within 200 feet of the centerline of U.S. 1;
(3)The commercial retail use does not involve the sale of petroleum products;
(4)The commercial retail use does not involve the outside storage or display of goods or
merchandise;
(5)There is no direct access to U.S. 1 from the parcel of land on which the commercial retail use is to
be located;
(6)The structure in which the commercial retail use is to be located is separated from the U.S. 1 right-
of-way by a class C bufferyard;
(7)The structure in which the commercial retail use is to be located is separated from any existing
residential structure by a class C bufferyard;
(8)No signage other than one identification sign of no more than four square feet shall be placed in
any yard or on the wall of the structure in which the commercial retail use is to be located except for
the yard or wall that abuts the right-of-way for U.S. 1; and
(9)The use is limited in intensity, floor area, density and to the type of use that existed on January 4,
1996, or limited to the permitted uses and/or the provisions for minor or major conditional uses
allowed in the pre-1996 LDRs for this district, whichever is more restrictive.
(Code 1979, .s.2 2y° Ord. No. 77..1 46, §9.2121, Ord. No. 40.1987, §61, Ord. No. 1 .1 4 y § I(PD66J), (PD84), (PD86)"
Ord. No. 21.1 4 y § I(PD62)" Ord. No . 4.1 7, § 151, Ord. No. 24.1 y §21, Ord. No. 53.2000, §91, Ord. No. 27.2001, §21,
Ord. No. 77..7001, §71° Ord. No. 018.2002, § 101° Ord. No. 01 .70Q7, § 11° Ord. No. 007..7003, § 111° Ord. No. 034.2005, §6)
From: Wilson-Kevin
Sent: Friday, May 24, 2013 5:00 PM
To: Rosch-Mark; Santamaria-Mayte; Clarke-Judith; Don Hubbs (dhubbspfkaa.com); Shillinger-Bob
Subject: FW: Objection to proposed site for grinder-area lift for Indian Mound Wastewater Project: Upper Sugarloaf
Importance: High
Mark,
See the below inquiry from FKAA about use of a County owned parcel. The property record card
is attached and shows the owner as Monroe County rather than Land Authority. I assume that
means it's development isn't restricted by you.
Mayte,
5
See below also. Attached is a copy of a zoning map. It appears the property is in an IS
area. I didn't look at all of the potential restrictions there might be. Are there any
restrictions on the property that might prevent use of part of the property for a
neighborhood wastewater pump station?
Don Hubbs,
How much of the property will be required? If you redesign, would you move the entire
station out of the ROW?
Judy,
Am I correct in assuming you'd rather see the lift station out of the ROW?
Bob S. ,
Assuming that this property is held in the County's (rather than Land Authority's) name, can
someone in your office research whether there are any deed restrictions (conservation, etc.)
that would preclude use of this site by FKAA? If not, and if all of the other inquiries do
not find a restriction preventing its use, I would like to let them use the property. I
assume we'd have to take it to the BOCC. The plan is to identify if there's any bar to using
the property, tell FKAA that it could be available if they need it and take it to the BOCC,
if/when FKAA confirms they'd like to use it.
Kevin G. Wilson, P.E.
Monroe County Public Works & Engineering Division
Murray E. Nelson Government & Cultural Center
102050 Overseas Highway, Room 214
Key Largo, FL 33037
(305) 292-4560 (Key West)
(305) 453-8797 phone (Key Largo - direct)
(305) 797-1547 cell
(305) 453-8798 fax-Key Largo
(305) 295-4321 fax-Key West
wilson-kevin@monroecounty-fl.gov
-----Original Message-----
From: Donald Hubbs [mailto:dhubbs�fkaamcom]
Sent: Thursday, May 23, 2013 4:33 PM
To: Wilson-Kevin
Cc: Tom Walker; Kirk Zuelch; Joshua Peele; 13granite@verizonmnet
Subject: FW: Objection to proposed site for grinder-area lift for Indian Mound Wastewater
Project: Upper Sugarloaf
Importance: High
Good afternoon Kevin.
The attachment and e-mail trailer represents a request by a group of homeowners On Upper
Sugarloaf Key regarding a request for area lift station relocation. The FKAA has met with the
homeowners most affected and support their request.
The attached exhibit requests that the relocated station be placed on county owned property
partially out of the road right-of-way on Cherokee Street. The current unpaved right-of-way
is not wide enough to safely accommodate the relocation request and requires a small amount
of additional property.
Please evaluate this request and let us know as soon as possible what the County's decision
is. An affirmative response will require a redesign, and although the cost should be small,
we want to make sure to allow enough time prior to moving into this island for construction.
6
Thanks very much
Donald R. Hubbs
Managing Director-Engineering
Florida Keys Aqueduct Authority
1100 Kennedy Drive
Key West, FL 33040
(305) 295-2142
(305) 295-2223 - fax
-----Original Message-----
From: Joshua Peele
Sent: Thursday, May 23, 2013 4:17 PM
To: Donald Hubbs
Cc: Tom Walker
Subject: FW: Objection to proposed site for grinder-area lift for Indian Mound Wastewater
Project: Upper Sugarloaf
Good Afternoon Don,
In response to the below homeowner, I have prepared the attached figure illustrating the
current design location and new proposed location for lift station 1. The new proposed
location would be adjacent to, and partially located on, County-owned land (Parcel ID
00169200-000000, ALK 1218197).
Sincerely,
Joshua W. Peele
Engineering Projects Administrator
Florida Keys Aqueduct Authority
(305) 809-2636 office
(305) 509-2025 mobile
-----Original Message-----
From: Kirk Zuelch
Sent: Thursday, May 16, 2013 2:38 PM
To: Jessica Lanier; Donald Hubbs; Joshua Peele
Cc: Tom Walker; boccdis4@monroecounty-fl.gov; boccdis2@monroecounty-fl.gov; Gastesi-
roman@monroecounty-fl.gov
Subject: RE: Objection to proposed site for grinder-area lift for Indian Mound Wastewater
Project: Upper Sugarloaf
Dear Ms. Lanier:
Thank you for your e-mail. We have been working closely with homeowners and neighborhood
associations when concerns arise. Recently we met with representatives of the Sugarloaf
Shores Property Owners Association to better position some lift stations. I have asked Tom
Walker, the head of our Engineering Department, to review your concerns and to look at the
alternative sites you have suggested. I will contact you upon completion of his review and
set a time that we can meet and discuss the options available.
Kirk Zuelch
-----Original Message-----
From: Jessica Lanier [mailto:13granite@verizon.net]
Sent: Thursday, May 16, 2013 12:52 PM
To: Donald Hubbs; Joshua Peele
Cc: Tom Walker; boccdis4@monroecounty-fl.gov; boccdis2@monroecounty-fl.gov; Gastesi-
roman@monroecounty-fl.gov; Kirk Zuelch
Subject: Objection to proposed site for grinder-area lift for Indian Mound Wastewater
Project: Upper Sugarloaf
Florida Keys Aqueduct Authority
1100 Kennedy Drive
Key West, FL 33041
Attn: Kirk C. Zuelch, Tom Walker, Donald R. Hubbs, Joshua Peele
CC: County Commissioners
Jessica Lanier and Gregory Morell
19674 Indian Mound Drive
Sugarloaf Key, FL 33042
May 15, 2013
RE: Siting of grinder/lift pump for Indian Mound Estates wastewater system
Gentlemen,
Thank you for taking the time to meet with us on May 13th. As we discussed we have grave
concerns regarding the planned location of the area lift grinder pump in our neighborhood of
Indian Mound Estates. The placement of this sewage treatment device in our front yard would
materially diminish the value of our home. However, our objections are not merely personal.
Discussions with our neighbors and with the president of our homeowners association, The
Indian Mound Estates Property Owners, indicates universal objection to the current plan. This
is not a community of wealthy "snow-birds" who live barricaded in waterfront compounds.
Rather, its a close-knit neighborhood of working families, many with children who attend
nearby Sugarloaf School.
It appears that the design of the Indian Mound sewer system was driven by the currently
proposed location for the grinder pump. While it is true that the inside corner of Indian
Mound Drive and Aztec Street has one of the larger easements in the area, it also sits at the
entrance to our boat ramp and picnic area, the sole asset of the aforesaid homeowners
association. Real estate agents invariably cite this neighborhood feature as a selling point.
However, as there was no public comment period, the designers, unfamiliar with the
neighborhood, failed to realize that this is a heavily-used public space, in effect, a public
park enjoyed by the entire neighborhood. On weekends both sides of Aztec are lined with boats
and trailers, the street and neighboring field are filled with children and dogs playing.
This area is our community space, it is our living room. In an otherwise landlocked
neighborhood, most of us access the water via the area you propose to turn into a sewage
processing site marred by smells and droning grinders. Sewage infrastructure belongs in the
utility closet, not in the family room.
Furthermore, the proposed site not only lowers the value of everyone's property by
destroying this commonly held gem, it compromises the neighborhood's historic character.
Originally a Native American settlement (hence the name) this subdivision was developed in
1952/3 when a dozen or so homes were moved from the naval base in Key West to their present
sites. These houses, vernacular one-story residences with gable roofs dating to the 1930s,
originally served as officer or pilot housing and are listed in the State File of Historic
Places maintained by the Florida Division of Historical Resources. A historic overlay
district has been proposed for the neighborhood (see attachment).1 It is wholly inappropriate
to site this type of infrastructure in the most publicly visible spot in the neighborhood.
Aside from the aesthetic considerations, locating a grinder pump here raises serious
safety and environmental concerns. When the system fails due to a prolonged power outage or a
hurricane, raw sewage will flow into the adjacent mangroves, the bay, and our swimming area.
8
We say when, not if --during Hurricane Wilma over five feet of water flooded the area. The
corner is also quite tight and the fence and palm tree located there now have been repeatedly
struck by trucks and boat trailers navigating the turn.
We recommend a redesign that takes these facts into consideration.
We regret that the project was allowed to go to bid without the public comment that could
have prevented this situation. However, it is wrong to victimize the residents of Indian
Mound because of it. There are several alternatives that will not adversely affect the
neighborhood (see attached proposals) . A county-owned lot at the northeast corner of Aztec
and Cherokee Street would be a far better location for the pump (Alternate Key: 1218197;
Parcel ID: 00169200- 000000.) This lot, like most of Indian Mound Estates is designated as
TIER III-Infill. Both options shorten the pipe runs and/or the depth requirements. We are at
a loss as to why the county would prevent the use of their lots for this necessary
infrastructure. Are these not OUR lots, as they are owned by OUR government? Should they not
be used for the good of the citizens who fund and elect said government? Another possible
site would be in the easement across the street from this lot, directly next to the existing
power line. We feel that a site on Cherokee Street would be the least intrusive location for
the grinder.
Given the problems of the proposed site and the community sentiment regarding it, we ask
you to find a more suitable location for the lift station; one that satisfies the engineering
requirements while taking into consideration the neighborhood's shared amenities. We are sure
that the cost associated with a redesign will be far less than that arising from a protracted
legal battle. We support the project wholeheartedly but fail to understand why its
implementation needs to irrevocably damage our historically unique and beautiful
neighborhood.
Sincerely,
Jessica Lanier and Greg Morell
(508) 843-6669
Attachments: Currently proposed design with (Z) alternative proposals
Florida State Historic Site File on Indian Mound Estates
[[: Indian Mound Estates Property Owners Association Monroe County Board of Commissioners,
Mayor David Rice boccdis4@monroecounty-fl.Qov Commissioner George NeuQent
boccdisZ@monroecounty-fl.Qov County Administrator Roman Gastesi Gastesi-roman@monroecounty-
fl.gov
9
INTERLOCAL AGREEMENT
MONROE COUNTY AND FLORIDA KEYS AQUEDUCT AUTHORITY
WASTEWATER SYSTEMS
THIS INTERLOCAL AGREEMENT is entered into pursuant to Sec. 163t S.,v and
between Monroe County, a political subdivision of the State of Florida, (County), and the>�rida
Keys Aqueduct Authority, Inc., an independent special district, (FKAA) ,{
WHEREAS,the Florida Legislature has identified the Florida Keys as an area of critical state
concern, and has authorized actions by the County and FKAA to provide adequate wastewater
treatment to protect the environment and the health, safety and welfare of landowners and
persons inhabiting the Florida Keys; and
WHEREAS, the County is authorized by Sec. 125.01(1), FS, to provide, assist in providing
and fund centralized wastewater treatment systems;
WHEREAS, Chap, 99-395, Sec. 6, Laws of Florida, and the County's Comprehensive Plan
require that certain wastewater treatment levels be achieved by 2010, levels which can best be
achieved by central wastewater treatment systems;
WHEREAS, the FKAA is authorized by Chap. 76-441, Laws of Florida, as amended, to
design, construct, and operate, wastewater treatment systems;
WHEREAS, the FKAA and the County have entered into previous interlocal agreements
establishing and confirming their ongoing relationship in providing wastewater facilities in the
Florida Keys; and
WHEREAS, the County, by adopted resolutions, has provided funding,to the FKAA for
wastewater projects and shall provide additional funds to the FKAA for the administration,
planning and construction of future wastewater projects in unincorporated Monroe County; and
WHEREAS, the County has deeded to the FKAA parcels of land on Conch Key, the
Saddlebunch Keys and Grassy Key; and
WHEREAS, the County has demonstrated its corunitment to sewering the Keys by
transferring, at no cost, to FKAA the Grassy Key parcel, for which ad valorem taxes were
expended at fair market value and the parcel is to be used by FKAA to serve the City of
Marathon, and has committed a maximum of $20,000,000 to the Key Largo Wastewater
Treatment District; and
WHEREAS, the Baypoint (Saddlebunch Keys) and Conch Key projects, constructed by
FKAA, are soon to be operational; and
WHEREAS, the County and the FKAA intend to continue their cooperation with
Governor Bush, the State Cabinet, the Department of Environmental Protection and the
Department of Community Affairs to implement wastewater systems in unincorporated Monroe
County by 2010; and
Monroe County/FKAA Draft ILA Sep.6,2005 1
WHEREAS, the parties desire to further define their commitment to work together and to
answer concerns raised by the State Cabinet, at a meeting of August 23, 2005, concerning an
agreement dated August 17, 2005, between the parties; and
WHEREAS, the parties have been in reliance upon expressions of commitment by the
Florida Department of Community Affairs of$10,000,000 for wastewater projects for fiscal year
2005, and $20,000,000 for fiscal year 2006, as identified in the Growth Management Plan
attached to County Resolution No.039-2004, and the ability to obtain additional critical financial
assistance from the State of Florida, the federal government and their agencies to achieve the
purpose of this agreement; now therefore,
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
1. STATEMENT OF INTENT:
This agreement shall set forth commitments of the parties to work together to achieve the 2010
mandate to sewer the Florida Keys. The parties shall work together to obtain funding for
wastewater treatment facilities from state and federal sources. The parties shall cooperate with
each other and act in a timely manner to acquire, design, construct, and operate wastewater
treatment systems throughout the unincorporated areas of Monroe County, except for the area
covered by the Key Largo Wastewater District, which has its separate authority and
responsibility for sewering that area. The parties further intend that the sewering of the Florida
Keys shall be done at a reasonable cost to users.
2. RESPONSIBILITIES OF COUNTY:
2.01 The County shall own the land and infrastructure of the wastewater treatment systems
.acquired or constructed under this agreement And any amendments hereto, and shall lease said
assets to the FKAA as described in Section 3.08 below.
2.02 The County, in addition to funds obtained from state and federal sources, shall provide up
to the limits of its bonding capacity of the infrastructure sales surtax and County's ability to levy
special assessments, the funds necessary to complete all wastewater projects so that citizens do
not have to pay in excess of $4,500 per EDU in non-ad valorem special assessments. The
County shall provide $20,000,000 for the costs of acquisition, procurement, design, and
construction of wastewater projects in the—Lower Keys. County commits to full faith and
diligence in working with the FKAA to provide funding to make costs of system development
and connections for the Big Coppitt and all future projects reasonable to users. County shall
have the responsibility of levying the special assessments for wastewater projects. Lower Keys
projects included under this Agreement are Big Coppitt area, Cudjoe-Sugarloaf area, and Big
Pine area. Other unincorporated County projects are Duck Key and Long Key.
2.03 The County Administrator shall review all procurement documents drafted by, or on behalf
of, FKAA for wastewater treatment systems in the unincorporated county. The County
Administrator shall make suggestions for changes as he deems in the best interest of the general
public.
Monroe County/FKAA Draft ILA Sep.6,2005 2
2.04 The County Administrator shall appoint two members of the evaluation committee should
any committee be established.
2.05 The County shall convey to FKAA such easements as are necessary for the installation of
sewer lines.
3. RESPONSIBILITIES OF FKAA:
3.01 The FKAA shall administer the procurement processes for the design and construction of
wastewater systems in unincorporated Monroe County.
3.02 The FKAA shall develop requests for proposals (RFP) and requests for qualifications
(RFQ) for the procurement of wastewater systems in unincorporated Monroe County, consistent
with the procurement policies of the FKAA and applicable State statute(s). FKAA shall submit
the drafts of RFP/RFQ to the County Administrator for review and input, give due consideration
to any suggestions for changes, and shall advertise RFP/RFQs.
3.03 The FKAA shall accept the RFP/RFQ submissions. It is intended that contracts be
awarded to the most responsive submitter, which shall not be required to be the lowest
responsive bid, the most qualified responder, or other. The parties recognize that the lowest bid
may not be the most effective bid. Accordingly, an evaluation committee which will comply
with Sec. 286.011, F.S., may be established on an ad hoc basis for each procurement process.
Should an evaluation committee be established, the Executive Director of the FKAA and the
County Administrator shall each appoint two members.
3.04 The FKAA shall give due consideration to recommendations of the committee, if any,
and the County Administrator. The FKAA shall award the contract.
3.05 The FKAA shall provide construction management of each project to insure its expeditious
and economic completion. The FKAA authorizes the County Engineer and/or his designee to
make site visits to any project under construction, and shall give due consideration to any
suggestions of the County Engineer regarding an ongoing project.
3.06 The FKAA shall retain the financing authority provided in its enabling legislation.
3.07 The FKAA shall aid the County in its efforts to obtain funding by providing copies of such
documents as the County needs to support its issuance of bonds or to seek Federal and State
grants to assist in the funding of all said wastewater projects.
3.08 The FKAA shall lease from the County the land and infrastructure of the wastewater
treatment systems acquired or constructed under this agreement and any amendments hereto.
The Lease shall be irrevocable and provide absolute and unconditional authority to the FKAA to
establish system development fees, rates, budgets, and rules governing operations_ in such
manner as to be consistent with Section 4.06 of this agreement. The lease term shall be ninety-
nine (99) years, itionaL,m-nety-r4 The FKAA shall be
responsible for the maintenance and operations of the systems leased from the County. The
Monroe County/FKAA Draft ILA Sep. 6,2005 3
parties understand and agree that the lease to be entered by the parties shall contain covenants,
warranties, auditing and monitoring provisions consistent with the provisions found in the
Interlocal Agreement between the County and the Key Largo Wastewater Treatment District.
3.09 The FKAA, pursuant to requirements of their enabling act, shall ensure that at least two
public hearings be held in the area affected before any system development fee, rate or any other
user fee is established or increased. All revenues derived from the wastewater systems by the
FKAA over and above maintenance, operations, customer service, billing, and any direct costs
specifically incurred to provide these services shall be used solely for the purposes of the
wastewater systems, such as the payment of debt service and retirement of bonds.
3.10 This Agreement shall not apply to wastewater assets currently owned by FKAA or
hereafter acquired from any other utility.
4. COOPERATION IN CARRYING OUT AGREEMENT:
4.01 The County Administrator and the FKAA Executive Director shall meet as necessary to
complete the tasks set forth in this agreement. The County Administrator and the FKAA
Executive Director and their staffs shall only serve in their customary capacity of fact-finding,
professional advice to, and other efforts to carry out the policies of,their respective boards.
4.02 All communications and dissemination of information regarding wastewater projects shall
be through the Offices of the County Administrator and the FKAA Executive Director.
4.03 The parties recognize an obligation of $80,000,000 of bond-financing to be secured by
special assessments in the unincorporated county.
4.04 The parties agree to enter into a lease consistent with this agreement in the most
expeditious manner as possible.
4.05 The parties shall work together to secure sites for wastewater treatment plants in remaining
lower keys no later than July 12, 2007. Attached hereto is Exhibit A setting forth a preliminary
timetable for the projects.
4.06 Neither party shall take any action or omit to take necessary action, including action
pertaining to rate setting, that will adversely affect the tax-exempt status of County and FKAA
bonds, or the respective party's ability to issue bonds under this agreement. Each party will take
such action as is reasonably requested by the other party in connection with the issuance of
bonds so as to allow the other party to issue such bonds on a tax-exempt basis, including, but not
limited to, executing tax certificates.
5. ESTABLISHMENT OF CERTAIN PREREQUISITES FOR EACH PROJECT
5.01 The County and the FKAA shall work together to achieve the following goal: to establish
fair and equitable connection fees and user fees to fund the operation and maintenance of
wastewater systems.
Monroe County/FKAA Draft ILA Sep.6,2005 4
5.02 Projects constructed under this agreement shall conform to the Monroe County Sanitary
Wastewater Master Plan.
5.03 It is recognized that some outlying areas of the Keys which are not heavily populated may
not be feasibly served by a centralized wastewater and sewage system, and that Alternative
Wastewater Facilities may be required to be installed to meet the mandate for adequate
wastewater treatment in the Florida Keys. All Alternative Wastewater Facilities that may
hereafter be constructed and operated within the Service Area of the FKAA shall conform to
good utility practices, adequate service to the public, ensure adequate Wastewater Service for the
Florida Keys and its citizens. FKAA shall comply with all applicable laws and rules in issuing
prior approval for the use, construction, installation, or operation of new or expanded Alternative
Wastewater Facilities. The FKAA shall require and enforce the use of its own Wastewater
Facilities and facilities leased from County whenever and wherever they are accessible. Any
Alternative Wastewater Facility must provide adequate and sufficient service to the projected
territory or development.
6. INSURANCE AND HOLD HARMLESS:
6.01 The parties to this agreement stipulate that each is a state governmental agency as defined
by Florida Statutes and represents to the other that it has purchased suitable Public Liability,
Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate
to respond to any and all claims under federal or state actions for civil rights violations, which
are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims
within the limitations of Florida Statutes Section 768.28 and Chapter 440, arising out of the
activities governed by this agreement.
6.02 To the extent allowed by law, each party shall be responsible for any acts, or omissions, of
negligence on the part of its employees, agents, contractors, and subcontractors and shall defend,
indemnify and hold the other party, its officers and employees, agents and contractors, harmless
from all claims demands, causes of action, losses, costs and expenses of whatever type -
including investigation and witness costs and expenses and attorneys' fees and costs - that arise
out of or are attributable to arising out of such actions or omissions. The purchase of the
insurance does not release or vitiate either party's obligations under this paragraph.
6.03 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
County and the FKAA in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the County be required to contain any provision for waiver.
7. GOVERNING LAW, VENUE, INTERPRETATION, COSTS,AND FEES:
7.01 This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
7.02 In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and FKAA agree that venue will lie
Monroe County/FKAA Draft ILA Sep. 6,2005 5
in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
7.03 The County and FKAA agree that, in the event of conflicting interpretations of the terms or
a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
7.04 The County and FKAA agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be
in accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
8. SEVERABILITY:
If any term, covenant, condition or provision of this Agreement(or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
County and FKAA agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
9. BINDING EFFECT:
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the County and FKAA and their respective legal representatives, successors, and
assigns.
10. AUTHORITY:
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and Authority action, as
required by law.
11. CLAIMS FOR FEDERAL OR STATE AID:
FKAA and County agree that each shall be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreement.
Monroe County/FKAA Draft ILA Sep.6,2005 6
12. NON-DISCRIMINATION:
FKAA and COUNTY agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. FKAA and County agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
13. ADJUDICATION OF DISPUTES OR DISAGREEMENTS:
13.01 County and FKAA agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If the issue
or issues are still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida law.
13.02 In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, County and
FKAA agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision
of the services under this Agreement. County and FKAA specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
14. COVENANT OF NO INTEREST:
County and FKAA covenant that neither presently has any interest, and shall not acquire any
interest, which would conflict in any manner or degree with its performance under this
Monroe County/FKAA Draft ILA Sep. 6,2005 7
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
15. CODE OF ETHICS:
15.01 County and the FKAA agree that officers and employees of the County recognize and will
be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
15.02 FKAA warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of ordinance No. 010-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990.
16. NO SOLICITATION/PAYMENT:
The County and FKAA each warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement.
17. PUBLIC ACCESS:
The County and FKAA shall each allow and permit reasonable access to., and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and FKAA in
conjunction with this Agreement.
18. PRIVILEGES AND IMMUNITIES:
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the County and
the FKAA, when performing their respective functions under this Agreement within the
territorial limits of the County and the FKAA, respectively, shall apply to the same degree and
extent to the performance of such functions and duties--of such officers, agents, volunteers, or
employees outside the territorial limits of the parties.
Monroe County/FKAA Draft ILA Sep.6,2005 8
19. LEGAL OBLIGATIONS AND RESPONSIBILITIES:
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County or the
FKAA, except to the extent permitted by the Florida constitution, state statute, and case law.
20. NON-RELIANCE BY NON-PARTIES:
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the FKAA agree that neither the County
nor the FKAA or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general. Notwithstanding the preceding language, the parties
hereby designate the State of Florida as a third party with the ability to enforce against the two
parties the provisions hereof,based upon the State Auditor conducting management and financial
audits of all sewer programs, past, present, and future, in the Florida Keys.
21. ATTESTATIONS:
FKAA and County agrees to execute such documents as the County or the FKAA may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
22. NO PERSONAL LIABILITY:
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of either party in his or her individual capacity, and no
member, officer, agent or employee of either party shall be liable personally on this Agreement
or be subject to any personal liability or accountability by reason of the execution of this
Agreement.
23. EXECUTION IN COUNTERPARTS:
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original,-all of which taken together shall constitute one and the-same instrument and any
of the parties hereto may execute this Agreement by signing any such counterpart.
Monroe County/FKAA Draft ILA Sep. 6,2005 9
24. SECTION HEADINGS:
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
25. TERM OF AGREEMENT AND TERMINATION:
This Agreement shall commence on September 6, 2005, and continue for ninety-nine (99) years,
or until such time as all leases entered pursuant hereto are terminated, whichever shall first
occur. The parties may elect to renew this agreement at the end of its term, as set forth in the
preceding sentence, for a period of ninety-nine (99) years.
26. ASSIGNMENT:
Neither party may assign this Agreement or assign any of its obligations under this Agreement
without the approval of the other party, which approval shall be in writing and fully executed by
both parties. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of FKAA and the County.
27. COMPLIANCE WITH LAWS:
This Agreement shall comply with the laws and regulations of the United States and the State of
Florida, whether in effect on commencement of this Agreement or adopted after that date.
28. CONSTRUCTION: -
This Agreement has been carefully reviewed by FKAA and the COUNTY. Therefore, this
Agreement is not to be construed against any party on the basis of authorship.
29. NOTICES.
Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the
following:
County: FKAA:
County Administrator Executive Director
1100 Simonton Street 1100 Kennedy Drive
Key West, FL 33040 Key West, FL 33040
30. FULL UNDERSTANDING:
Monroe County/FKAA Draft ILA Sep.6,2005 10
This Agreement is the parties' final mutual understanding with respect to any projects
constructed in the future. It replaces any earlier agreements or understandings, whether written
or oral, with respect to any projects constructed in the future. This Agreement cannot be
modified or replaced except in a written amendment duly executed by both parties.
31. EFFECTIVE DATE:
6�. S
This Agreement will take effect on the day of { , 2005.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
(SEAL)ATTEST:
DANNY L. KOLHAGE ERK By:
Mayor
Bye ,
epu Jerk
THE FLORIDA KEYS AQUEDUCT
AUTHORITY
(SEAL)ATTEST:
By: `
By: Chairman
Clerk
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