Resolution 269-2005
RESOLUTION NO. 269 -2005
A RESOLUTION OF THE MONROE BOARD OF COUNTY
COMMISSIONERS DELINEATING LIMITS TO
WASTEWATER ACTIVITIES OF COUNTY GOVERNMENT
AND SUPPORTING THE FLORIDA KEYS AQUEDUCT
AUTHORITY, THE KEY LARGO WASTEWATER BOARD
AND THE VARIOUS MUNICIPALITIES OF THE COUNTY IN
EXERCISE OF THEIR STATUTORY ROLES AS
DESIGNATED WASTEWATER AUTHORITIES FOR THE
FLORIDA KEYS.
WHEREAS, general state law would authorize Monroe County to have authority and
jurisdiction to provide and operate wastewater treatment facilities in the Florida keys except that a
special law has pre-empted that authority and responsibility to the Florida Keys Aqueduct
Authority; and
WHEREAS, the Board of County Commissioners (BOCC) seeks the removal of
conflicting, shared authority and responsibility in the fulfillment of 20 1 0 wastewater goals for
the Florida Keys; and
WHEREAS, there has been concern and disagreement over siting wastewater treatment
plants, high costs, and the need to implement limitations on the use of general revenues; and
WHEREAS, the logical and prudent approach is that the entity that spends the money
should be the entity that borrows or otherwise obtains the money, thereby lending itself to
accountability and care in the spending half of the equation; and
WHEREAS, the Florida Keys Aqueduct Authority (FKAA) has bonding capability that
can be secured by the monetary flow downstream of connection fees, user fees, and state or
federal grants or subsidies; and
WHEREAS, the County has bonding capability but will not have that recovery
downstream of monies that will still flow to the FKAA; and
WHEREAS, the BOCC has grave concern that without checks and balances such as an
elected board, FKAA has little or no incentive to keep the costs of sewering and wastewater
treatment to a level affordable by the residents of Monroe County: and
WHEREAS, the absence of County bond funds will encourage the FKAA to adopt
imaginative, state of the art management approaches to sewering and in the long run will accrue to
the benefit of all our citizens; and
WHEREAS, the BOCC in a desire to remove any real or perceived obstacles to the
aforementioned independent agencies' and municipalities' expeditious, effective, and cost-efficient
implementation of wastewater projects for the Florida Keys; and
WHEREAS, the BOCC recognizes the limitations of County funds and the need for and
duty of the County to allocate sources to the meeting of pressing, though still under-funded, needs
within the County, including among them acquisition of available environmentally sensitive land
and the need to provide workforce housing, for all of which acquisition efforts there exists clear
mandate and authority for County action; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA that:
Section 1: In the absence of new state legislative or other authority the BOCC hereby directs
that the County cease from further activities aimed at or which may be construed as seeking or
undertaking new and further commitments of County resources in the wastewater area.
Section 2: The BOCC hereby directs County officers to fund those previously approved
wastewater commitments that have been incorporated into Key Largo Wastewater Board's budget
as it exists to this point,
Section 3: In the absence of new state legislative or other authority for the County to
provide wastewater systems for unincorporated Monroe County, including, but not limited to, the
Big Coppitt/Rockland/Geiger Key area, the BOCC hereby directs County officers to work with
the Florida Keys Aqueduct Authority to reach, wherever possible, appropriate interlocal
agreements that will provide for both:
(a) BOCC approval of wastewater projects with projected hookup fees set at no more
than $4,500 per residential dwelling unit and projected monthly user service fees estimated to
begin and remain at levels which residents can reasonably be expected to afford without undue
burden; and
(b) County recoupment from customer hookup and future monthly user service fees
such funds as shall be required to service and retire any new bond obligations (not to exceed
$ 2 0 , 000 , 000. 00) incurred by the County for additional bonded investments in wastewater
projects,
Section 4: No additional County bonding shall occur without BOCC agreement that the
foregoing criteria set forth in 3(a) and 3(b) have been met.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board held on the 20th day of July, 2005,
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BOARD OF COUNTY COMMISSilJNEkg ~
OF MONRO~ ?Ol{NTY, FLORIDk ,il .....
By: ~J'U m. ~~
Mayor Dixie M, Spehar
MONROE COUNTY AHO NEY
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