duck key

An Information Guide to Duck Key in the Florida Keys
























The newsletter below was scanned using an optical character recognition program, and transferred to html format for display on the internet. While it does not follow the original format as to spacing and characters per line and is missing graphics such as a logo, the text is correct as far as content goes. If a word or words are missing it was unintentional and a fault of proofreading.

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CCDK Corp.



TOM DAVIS, President 

GEORGE PROUT, M.D., Treasurer


March 15, 2002  

1.   On February 12, 2002, the Monroe County Board of County Commissioners passed a resolution amending Hawk's Cay Ltd.'s D.R.I. to permit the construction of 46 additional units, 18 of which are termed affordable housing (including three dormitories for Hawk's Cay employees).

2.   The BOCC justified their decision by requiring Hawk's Cay to build a central wastewater collection and treatment system to service ConcIWalker, Coral and the Duck Key residential islands, as well as provide additional capacity for the increased density on Indies Island.

3.   The Department of Community Affairs has stated publicly that the amendment to the D.R.I. is not justified under current law. However, the D.C.A. is working with the B0CC to provide centralized wastewatersystems and affordable housing throughout the Keys. The D.C.A. has established an incentive system whereby the number of building permits,including affordable housing permits granted to the County by the D.C.A.will go up if a centralized sewer system is built somewhere in the county. D.C.A. is changing its rules governing funding for cold spots from "priority" to "selected" spots.

Previous attempts to ram centralized sewer systems down the throats of the residents of Key Largo and Islamorada, also spearheaded by Commissioner Nora Williams, have failed dramatically. The Duck Key residential islands appeared vulnerable due to recent history and a general exodus in the summer months.

4. The County Attorney, James Hendrick, Esq., has kept the passed but as yet unsigned resolution in his office, thereby not triggering the 45-day period during which the D.C.A. must decide whether or not to appeal the resolution.

5.   It is highly likely that discussions are taking place between the D.C.A., the B0CC, the County Attorney and the County Growth Management Division, but we are not privy to those discussions.

6.   We have recently learned that the Florida Keys Aqueduct Authority rejected the contract provided to the Planning Commission by the County Attorney on February 7, 2002. This rejection was made five weeks ago on the ground that the FKAA mandate only permitted contracting with government agencies.

7.   FKAA engineering personnel have been told to stay off Duck Key -- that Pritam Singh's people will do all the engineering work for permitting, design and construction.

8.   Undoubtedly, new wastewater collection and treatment infrastructure agreements are being negotiated by the County Attorney,Pritam Singh, Don Johnson, Nora Williams, etal, but we are not privy even to the existence of those negotiations, let alone the content thereof.

9.   Representative Ken Sorenson and Commissioner Murray Nelson have encouraged us to demand a seat at the bargaining table.

10.   The FKAA has offered to educate us concerning the legal, financial and engineering issues.

11. The rejected sewage agreement submitted by the County Attorney to the Planning Commission on February 7, 2002 was objectionable to Duck Key residents for the following reasons:

a.   The C.P.I. escalator clause was levied against all capital costs for design, permitting and construction, on an annual basis for thirty years. Levying the C.P.I. escalator clause against capital costs of initial design, permitting and construction is illegal in government sewer contracts in many jurisdictions.

b.   The Duck Key Wastewater Cooperative will have all the financial liability for (1) long-term capital costs, (2) operation and maintenance and (3) fines levied by the State D.E.P., yet will fall outside the jurisdiction o the Public Service Board. We ratepayers will be entirely at the mercy of the County Attorney and the BOCC.

(1)   The FKAA attorney has said there are contractual provisions wnicn could protect us;

(2)   Representative Sorenson has recommended that we form our own wastewater cooperative, inasmuch as it would take a year to torm an independent sewage district.

(3)   Commissioner Nelson has offered to assist us in our fight.

c.   The allocation of EDU's appears arbitrary, not based on complete, verifiable water flow records. Hawk's Cay appears to have omitted. several facilities. Sirigh says Don Johnson will not accept more than 180 EDU's. "This is a deal breaker".

d.   Singh says Don Johnson wants all the grey water, which Singh calls "white water". The grey water is also a "deal breaker". The rejected contract gave Johnson the right to sell the grey water at his pleasure. The state D.E.P. IS concerned about violations of grey water regulations at Hawk's Cay on a daily basis.

e.   County, state and federal contract provisions prohibit no-bid awarding of contracts. The County Attorney had made the Singh Construction Company, Utility Island, a limited liability company, a party to the sewage agreement which was to be signed by the BOCC on February 12, 2002.


The Concerned Citizens of Duck Key, Inc. is demanding that the ongoing political process be made transparent in accordance with established law, and open to meaningful participation by all Duck Key residents. To that end, we have engaged the services of attorney, Andrew Tobin. We will fight for the right to participate in the decisions about centralized wastewater treatment and increased density on these islands.



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