Miami-Dade Legislative Item
File Number: 101763
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File Number: 101763 File Type: Resolution Status: Adopted
Version: 0 Reference: R-849-10 Control: Board of County Commissioners
File Name: 2YR EXTENSION TO CONNECT PUBLIC GRAVITY SANITARY SEWER Introduced: 7/2/2010
Requester: NONE Cost: Final Action: 9/10/2010
Agenda Date: 9/10/2010 Agenda Item Number: 11A8
Notes: Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO REQUEST THE ENVIRONMENTAL QUALITY CONTROL BOARD GRANT EXISTING RESIDENTIAL AND NONRESIDENTIAL PROPERTIES A TWO-YEAR EXTENSION OF TIME TO CONNECT TO AN APPROVED PUBLIC GRAVITY SANITARY SEWER OR APPROVED SANITARY SEWER FORCE MAIN
Indexes: SEWER
Sponsors: Rebeca Sosa, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 9/10/2010 11A8 Adopted P

Government Operations Committee 7/13/2010 2I Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record. She noted Commissioner Diaz requested to be listed as a co-sponsor of this item. Commissioner Edmonson asked to be listed as a co-sponsor to this item, as well. It was moved by Commissioner Sosa that the foregoing proposed resolution be forwarded to the County Commission, with a favorable recommendation. This motion was seconded by Commissioner Diaz, followed by a discussion. Chairman Gimenez allowed the following person(s) to speak on this item: Ms. Charlene Emmanuel, 16320 SW 147th Avenue, appeared on behalf of the church, Unity Center of Miami, which, she noted, had complied with all of the Building Code requirements concerning projects developed on its property, except the requirement to connect to the public sewer system listed in this resolution. She also noted this church desires to comply with all of the County’s requirements, but cannot afford to connect to the required sewer system at this time because the cost is excessive (over $100,000) and the church has suffered financial losses due to the current economy. On behalf of the church, she requested the Board approve a two-year extension of time for the church to connect to this system. Mr. Charles McKinnon, Executive Director, Naranja/Princeton Community Development Corporation (CDC) and Attorney representing small, local nonprofit entities, appeared on behalf of his clients, Unity Center of Miami and Solid Rock Baptist Church. He noted these churches were having difficulties obtaining Certificates of Occupancy (COs) to complete construction projects on their respective sites because they could not afford to hook up to the County’s required water and sewer system. He spoke in support of the church’s request for a two-year moratorium. Commissioner Sosa commended the County Attorney’s Office and Department of Environmental Resources Management for bringing to her attention the County’s need to request an extension from the Environmental Quality Control Board in order to protect its bonds. Hearing no further comments or questions, the Committee proceeded to vote on this proposed resolution as presented.

County Attorney 7/2/2010 Referred Government Operations Committee 7/13/2010

County Attorney 7/2/2010 Assigned Henry N. Gillman 7/2/2010

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO REQUEST THE ENVIRONMENTAL QUALITY CONTROL BOARD GRANT EXISTING RESIDENTIAL AND NONRESIDENTIAL PROPERTIES A TWO-YEAR EXTENSION OF TIME TO CONNECT TO AN APPROVED PUBLIC GRAVITY SANITARY SEWER OR APPROVED SANITARY SEWER FORCE MAIN

BODY
WHEREAS, the Code of Miami-Dade County requires that within ninety (90) days of the Director of the Department of Environmental Resources Management’s or the Director’s designee’s determination that an approved public gravity sanitary sewer or approved sanitary sewer force main is available and operative in a public right-of-way or easement abutting a property, the property must connect to such public sanitary sewer; and
WHEREAS, the Environmental Quality Control Board (EQCB) has the authority to grant variances and extensions of time from certain Code requirements in Chapter 24 of the Code including granting additional time for a property to connect to a public sanitary sewer system when it is of benefit to the community; and
WHEREAS, the County Mayor or the County Mayor’s designee, to wit, the Director of the Department of Environmental Resources Management, has the authority to request from the EQCB extensions of time on behalf of a class of property owners which the Director has exercised in the past; and
WHEREAS, this Board finds that given the current economic conditions of the residential and commercial markets, current construction and permitting practices, the ninety (90) day limitation is unrealistic, economically unreasonable, and ultimately inconsistent with public welfare warranting a reasonable extension; and
WHEREAS, this Board desires that the County Mayor or the County Mayor’s designee, to wit, the Director of the Department of Environmental Resources Management, request the EQCB grant a two-year extension of time for all residential and nonresidential properties that have an existing, approved domestic sewage storage, disposal or treatment method to connect to a public sanitary sewer system.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the County Mayor or the County Mayor’s designee, to wit, the Director of the Department of Environmental Resources Management, is directed to request the Environmental Quality Control Board to grant all existing residential and nonresidential properties a two-year extension of time to connect to a public sanitary sewer system upon the condition that the existing property has an uncontaminated and operational septic tank or other domestic sewage storage or treatment method that is authorized for the current use of such property and certified in writing as uncontaminated and operational by a licensed septic system inspector. The request shall exclude properties located within any portion of any Wellfield Protection Area. The County Mayor or the County Mayor’s designee, to wit, the Director of the Department of Environmental Resources Management, is further directed to report to this Board following the EQCB’s consideration of the request for possible further action by this Board to implement the intent of this Resolution.



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