Resolution 393-1997
RESOLUTION NO. 393 -1997
A RESOLUTION OF THE MONROE COUNlY BOARD OF
COMMISSIONERS (BOCC) REQUESTING THAT THE FLORIDA KEYS
AQUEDUCT AUTHORITY (FKAA) BECOME THE WASTEWATER
AUTHORITY FOR UNINCORPORATED MONROE COUNlY, THAT
THE FKAA FOCUS ITS ATTENTION ON COMPLETING AND
IMPLEMENTING THE MARATHON WASTEWATER FACILITIES PLAN,
THAT THEY TAKE A STRONG PROACTIVE ROLE IN THE ENSUING
DEVELOPMENT OF THE MONROE COUNlY SANITARY
WASTEWATER MASTER PLAN, AND THAT THE FKAA ESTABLISH A
REVOLVING FUND TO ASSIST IN THE REPLACEMENT OF CESSfITS
FOR THOSE RESIDENTS MEETING QUALIFICATION REQUIREMENTS
AS MODERATE INCOME RESIDENTS.
WHEREAS, the final adoption of the Monroe County 2010 Comprehensive
Plan (2010 Plan) occurred on 17 July 1997; and ' )
;- 1 -
WHEREAS, the 2010 Plan requires that the County complete 'a 'Sanitary'
Wastewater Master Plan for unincorporated Monroe County (Objective 901.4
and subordinate Policies); and
WHEREAS, the 2010 Plan also requires that the County complete the
development of a Wastewater Facilities Plan for the Marathon area and
implement it by seeing that recommended wastewater facilities are constructed
(Policy 101.2.13, Five-year Work Program); and
WHEREAS, the County is not ideally suited either institutionally or
procedurally to implement construction phases anticipated in the Sanitary
Wastewater Master Plan or recommended in the Marathon Wastewater Facilities
Plan (MWFP); and
WHEREAS, the Florida Keys Aqueduct Authority (FKAA) is uniquely
authorized under the Laws of Florida (Chapter 76-441) to acquire, finance,
operate, and maintain sewer systems as defined in Section 3 (8) of the Law and
as specifically established in Section 9 (9) of the Law; and
WHEREAS, the Board of County Commissioners must authorize by a
majority vote of the Board, through a public hearing process duly noticed and
advertised, the boundaries of any sewer districts established by the FKAA; and
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WHEREAS, it is in the interest of the Board of County Commissioners to
request that the FKAA exercise its authority to purchase, finance, construct, and
otherwise acquire and to improve, extend, enlarge, and reconstruct a sewage
disposal system or systems in the Florida Keys.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA THAT:
Provision of Wastewater Services
1. the BOCC requests that the Florida Keys Aqueduct Authority (FKAA) exercise
its authority to acquire, finance, operate, and maintain wastewater
collection, transmission, treatment, and disposal systems, in effect becoming
the Wastewater Authority for the entire unincorporated area of the Florida
Keys; and
2. the BOCC acknowledges that the FKAA is currently prohibited in the use of
"water" money for the development of a wastewater system Authority. The
County will work with the FKAA, the State, and the Federal government to
establish seed money for the FKAA to develop the institutional and
administrative framework for such an Authority, to include the limited
hiring of staff, the acquisition of vehicles and office facilities, and provision
for travel expenses; and
3. the BOCC acknowledges that the FKAA will only establish one sewer district
currently, the Marathon Wastewater District, and that the establishment of
all subsequent districts (if any) will be dependent on the outcome of the
SWMP; and
The Marathon Wastewater District
1. upon receipt of necessary funds, the FKAA, under its authority, shall
immediately act to create a sewer district which includes the area from the
east end of the Seven -mile Bridge to Coco Plum Drive, excluding the
incorporated area of Key Colony Beach, as established in the current version
of the Marathon Wastewater Facilities Plan (MWFP); and
2. by adoption of this Resolution by a majority vote of the BOCC, having duly
noticed and advertised the adoption of this Resolution, the BOCC approves
the establishment of the Marathon Sewer District by the FKAA pursuant to
Section 9 (9) (b) of Chapter 76-441, Laws of Florida; and
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3. the FKAA, under it authority, shall participate in the completion of the
MWFP, initiate design and contract documents, finance, and ultimately,
own, operate, construct and manage the Marathon Wastewater Facility; and
4. the BOCC will complete the development of the MWFP to the point of
finishing contract commitments with the firm of CH2MHill to develop the
Marathon Wastewater Facilities Plan for the purposes of including it in a
Request for Prioritization in the State's Revolving Fund program; and
5. the BOCC recognizes that there will be key decision points in the effort to
construct the Marathon Wastewater Facility, particularly related to funding
requirements, which will necessitate actions by the BOCC or both Boards
prior to moving forward again. In particular, these decision points will
come at approximately the mid point in developing construction design
plans and prior to the initiation of actual construction of the Marathon
Wastewater Facility; and
The Sanitary Wastewater Master Plan
1. the FKAA staff and Board participate in the process of developing the
Sanitary Wastewater Master Plan (SWMP) for Monroe County; and
2. the FKAA shall consider the adoption of resulting recommendations from the
SWMP as they are forthcoming so that when requested to implement the
recommendations by the BOCC, the two Boards may be in prior mutual
agreement over the outcome of the SWMP; and
3. the BOCC will maintain a continuous process of coordination with the FKAA
so that the FKAA Board is fully apprised of all actions taken by the BOCC
with regard to the SWMP; and
The Establishment of a Revolving Loan Fund
1. the FKAA shall work with the Monroe County to develop a Revolving Fund
for the replacement of cesspools outside of the primary service area of the
proposed Marathon Sewer District and that the fund be made available to
those meeting qualifications as "moderate income" (to be defined) residents
of the County; and
Immediate Funding Commitments
1. the BOCC will direct approximately $3.3 million that is anticipated to be
available through Congressional appropriation of de-obligated Title II,
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Federal Pollution Control Act dollars for continuing development of and
construction design work for the Marathon Wastewater Facility Plan. This
commitment is dependent upon receipt of said funds through Congress and
successful negotiations with the Environmental Protection Agency, Region IV
and the State of Florida. It is the intent of the BOCC to see that these funds
are made directly available to the FKAA for this effort. By mutual agreement
on the amount, some portion of this money and/or part of any local match
requirements may be used as "seed money" to establish the staff and
administrative structure to complete this effort; and
z. the BOCC will direct approximately $1.0 million of any de-obligated Title II,
Federal Pollution Control Act dollars that are anticipated to be available to
Monroe County to assist moderate income residents of the County in the
replacement of cesspools outside of the primary service area of the proposed
Marathon Sewer District. This commitment is dependent upon receipt of
said funds and successful negotiations with the Environmental Protection
Agency, Region IV and the State of Florida. It is the intent of the BOCC to see
that these funds are made directly available to the FKAA for this effort; and
3. the BOCC will work to develop the financial package to make the Marathon
Wastewater project financially feasible in accordance with the direction of
the BOCC and with the concurrence of the FKAA; and
OTIlER ISSUES
1. the BOCC will recognize the FKAA as the sole governmental provider of
wastewater services. The BOCC will not approve any other provider of
wastewater services as part of its normal process of completing development
review and approval or as part or a request for a special taxing district or
similar taxing structure for wastewater, without prior approval of the Board
of the FKAA; and
Z. once the FKAA accepts the establishment of a wastewater district and the
BOCC has approved it, the further development of the project, design,
construction, the establishment of bonding requirements, hook-up, service
fees and charges, and the general operation and maintenance of the facilities
within the wastewater district will fall entirely within the purview of the
FKAA as established in Chapter 76-441, Laws of Florida, any other relevant
enabling legislation, and the policies and procedures for the FKAA; and
3. the BOCC will work with the FKAA to develop new legislative language
under Chapter 76-441, Laws of Florida, as may be necessary to effectively
operate as a wastewater authority. With the mutual agreement of both
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Boards concerning such changes, the BOCC will support efforts In the
Legislature to change the law.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on the 15th day of
October, A.D., 1997.
Mayor Douglass
Mayor Pro Tern London
Commissioner Freeman
Commissioner Harvey
Commissioner Reich
yes
yes
ye::;
yes
yes
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ATfEST:'"'DANNY 1. KOLHAGE, CLERK
BY: ~ Q.. ~A~
DEPUIY CLERK
BY:
APPROVED AS TO FORM AND
LEGAL SUffiCIENCY
BY:~'
AITORNEY'S 0
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