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Resolution 360-2005 Marine Resources RESOLUTION NO.360 - 2005 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE MONROE COUNTY LAND STEWARD TO TAKE OVER AND COMPLETE THE MITIGATION OBLIGATIONS OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT FOR THE AUTHORIZED CLEARING OF THE DISTRICT'S TREATMENT PLANT SITE AT MILE MARKER 100,5 AND AUTHORIZING THE LAND STEWARD TO UTILIZE FUNDS MADE AVAILABLE TO THE DISTRICT BY THE BOCC ON 18 AUGUST 2004 AT ITS REGULAR MEETING SO THAT FUNDS ARE AVAILABLE TO THE LAND STEWARD TO COMPLETE THE M1TIGATION EFFORT, WHEREAS, the Key Largo Wastewater Treatment District, in receipt of FEMA Unmet Needs funds, was allowed to clear up to 2.6 acres of land at its treatment plant site at Mile Marker 100,5; and WHEREAS, the U.S. Fish and Wildlife Service (FWS) Biological Opinion documented in the FEMA Environmental Assessment of the Key Largo wastewater project required mitigation for the loss of the 2.6 acres of habitat at the treatment plant site; and WHEREAS, the BOCC at its August 18,2004 regular meeting authorized $294,708,08 of Fund 304 (Infrastructure Sales Tax) money to the District to carry out the mitigation obligations required by FEMA and FWS; and WHEREAS, the Monroe County Land Steward is more knowledgeable and better qualified to carry out the mitigation obligations of the Key Largo Wastewater Treatment District; and WHEREAS, the BOCC established the County "Environmental Land Management and Restoration Fund" through Resolution 112-2004 to hold mitigation funds as they become available so as to allow completion of environmental restoration and mitigation projects; and WHEREAS, the Key Largo Wastewater Treatment District, FEMA, and the FWS agree that turning the mitigation obligations over to the Land Steward is acceptable and appropriate, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA THAT: 1. The Monroe County Land Steward is authorized to act on behalf of the Key Largo Wastewater Treatment District to take over and complete the mitigation obligations of the District for land clearing at the Mile Marker 100.5 treatment plant site. BC050931A Resol KLWTD-LandSteward - for merge. doc 9/2/2005 3 :31 :00 PM Marine Resources 2. The Monroe County Land Steward is authorized to utilize funds made available to the District by the BOCC at its August 18, 2004 meeting ($294,708.08) to complete the mitigations obligations, 3. The Monroe County Department of Management lll1d Budget is requested to take necessary action to ensure that the aforementioned funds are available to the Monroe County Land Steward by no later than the October 2005 BOCC meeting, PASSED AND ADOPTED by the Board of County Commisfiioners, Monroe County, Florida at a regular meeting of said Board held on the ~ g ~l!. day of S~ptember , A.D" 2005. Mayor Dixie Spehar Mayor Pro Tern Charles I'Sonny" McCoy Commissioner George Neugent Commissioner David Rice Commissioner Murray Nelson Yes Yes Yes YPR Yes BOARD OF COUNTY COMMISSIONERS MONROE C9Uf!Y' F~I3JDA / / BY: 4JjU- /r;. ~~ MAYOR/CHAIR PERSON (SEAL) ATTEST: DANNY 1. KOLHAGE, CLERK BY:.ih~ C. !{)y)6~ . APPROVED AS TO FORM DEPUTY CLERK LEGAL SUFFICIENCY9 .2-,05 BY:~4"$~ 11 ~ :ee:., AT 0 Y S OFFICE o 0::: o c:..:;, kI 0:: Q::" r;: a ....., - La.. 0\ 4- 0\ ~ ~ <") - ....., or:{ ~ -J oq:" ll.. ::J::J-::;..: ........ruf- C .;': :c~::::> , Uc ........r ,(.) >- ~l&J ~o ~~ Q'C) ~ '- ~ :g 2 BC050931A Resol KLWTD-LandSteward - for merge,doc 9/2/20053:31 :00 PM