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Resolution 467-2002 RESOLUTION NO. 467 2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING RESOLUTION NO. 400-2002 REQUESTING LOCAL, STATE AND FEDERAL REPRESENTATIVES TO PURSUE ALL AVAILABLE FUNDS FOR WASTEWATER AND STORMWATER IMPROVEMENTS IDENTIFIED IN THE MONROE COUNTY MASTER WASTEWATER AND STORMWATER PLANS, AND TO CONSIDER THE MOST EFFECTIVE MEANS TO SECURE, ADMINISTER AND DISPERSE SUCH FUNDING. WHEREAS, the projected cost to provide wastewater and stormwater infrastructure improvements in the Florida Keys is estimated to exceed $425 million according to the Monroe County Master Wastewater and Stormwater plans; and WHEREAS, the members of the Florida Keys National Marine Sanctuary Water Quality Steering Committee, which includes local, state and federal representation, has recognized and supported the need for state and federal funding to assist with the cost of such infrastructure; and WHEREAS, Congress has passed an authorization of $100 million to assist in providing necessary wastewater and storm water infrastructure in the Florida Keys in a 65% - 35% federal to non-federal match to be administered by the U.S. Army Corps of Engineers; and WHEREAS, the State of Florida, under the leadership of State Representative Ken Sorensen and with the support of Governor Jeb Bush, has provided $12 million in funding to provide for such infrastructure improvements as part of the non-federal match to the federally authorized $100 million; and WHEREAS, the Florida Department of Community Affairs oversees the Monroe County Comprehensive Plan which requires timely wastewater and stormwater improvements under the Area of Critical State Concern status; and WHEREAS, State Representative Ken Sorenson has expressed the desire to establish a wastewater and stormwater trust fund to be administered by the Florida Department of Community Affairs; and WHEREAS, Monroe County Board of County Commissioners appreciates the support and recognizes the need for wastewater and stormwater funding from local, state and federal sources in order to accomplish the requirements of the Monroe County Wastewater and Stormwater Master Plans; and WHEREAS, the Monroe County Board of County Commissioners passed Resolution No. 400-2002 in the interest of supporting state and federal efforts to assist in funding such infrastructure improvements; and WHEREAS, the Florida Keys Intergovernmental Task Force, representing local, state and federal interests in the Florida Keys, has recommended against seeking to transfer administrative responsibility for the authorized, but not yet allocated, Federal funding for wastewater and stormwater projects in Monroe County from the Army Corps of Engineers to the Florida Department of Community Affairs, to be disbursed from a DCA- administered trust fund; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The BOCC requests that State Representative Ken Sorenson, Governor Jeb Bush, Congresswoman Ros-Lehtinen, Senator Graham, Senator Nelson and representatives of the Florida Keys Intergovernmental Task Force, including the County, convene to develop a consensus of the most effective way for local, state and federal funds to be secured, administered and dispersed for purposes of wastewater and stormwater infrastructure improvements. Section 2. The administration of allocated federal funding via the Florida Keys Water Quality Improvements Act remains the responsibility of the U.S. Army Corps of Engineers, with the South Florida Water Management District serving as the local partner until and unless a joint recommendation from the parties identified in Section 1 of this Resolution determines otherwise. Section 3. The Clerk is directed to send certified copies of this Resolution to Monroe County's State legislative delegation, Senator Graham, Senator Nelson, Congresswoman Ros-Lethinen, and all five municipalities in Monroe County replacing Resolution No. 400-2002. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of October, 2002. Mayor McCoy _M~yor Pro Tem Spehar ~.~:Ef-C..'.=~oner Nelson !. o~/1<~ "......,Ioner Neugent .{ C~.\i <~7-t~...c,.,m.".~~..~.\ ner Jimenez 0' ~ ~"::-..'.i ~ '" <.c;" - "t~l, ~.\.,~-, '..' '0", ~mi;L Kolhage, Clerk +r~+:~ _ <;;.j/ B"" ".: ~YJG.. &v~ Deputy Clerk no yes no ves ves BOARD OF COUNTY CO OF MONROE COUNTY, By 0 ,'\J a:: <{ 0 LtJ c) N c::; -.J l.u < l.4.. :L: :r. ~ >-= l::t::: a.. ,I={ wI- a::: .>'c. ~ @3 0 0"1 LI... N 'We ..J .w 0 1-- ~~; :5l.U U lL.J C> i':u~ -J - c-.., <( :!: LI... => Q 0 c:::::. 1: c-.., ROBERT N. DATE -,,:::>... "2 -~ "2- BOB GRAHAM FLORIDA tlnitrd ~tatrs ~rnatr WASHINGTON, DC 20510-0903 December 3, 2002 Mr. Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Dear Danny: Endosed i~ a copy of the latest correspondence received by my office rt:garding my inquiry on your behalf. My staff and I will continue to follow your case until resolution and we will keep you informed of further developments. With kind regards, Sincerely, United States Senator BG/kmb Enclosure ..~ ....., ....r.. <:::> ." 0 = ~ I'-.) r- 5t')~;'. 0 /TI C"'T1 rrJ;~ :':: n CJ (") . I .." on: ~ a ~?O ~~. :::0 J:Jo ::::0 :<C'")~ :x rrJ :" ;-i :J> a C) r- c-> a l> rll U1 :::0 1':, 0 USDA United States Department of Agriculture Rural Development FloridaNirgin Islands 4440 Northwest 25th Place Post Office Box 147010 Gainesville, FL 32614-7010 Office of State Director Telephone: 352-338-3402 Fax: 352.338-3405 TDD: 352-338-3499 www.rurdev.usda.govlff November 22,2002 Honorable Bob Graham United State Senator 2252 Killeam Center Boulevard, Suite 300 Tallahassee, Florida 32309-3573 Attention: Karen Bunton Dear Senator Graham: This is in reply to your letter of November 19,2002, to which you attached a copy of Resolution No. 467-2002 as adopted by the Monroe County Board of County Commissioners on October 16, 2002. In the resolution, the board has resolved to pursue all available Federal, State and Local funds for wastewater and stormwater improvements as identified in the Monroe County Master Wastewater and Stormwater Plans and to consider the most effective means to secure, administer and disperse such funding. You have requested our review and comments on the resolution. The Rural Utilities Service (RUS) administers a Water and Wastewater Loan and Grant Program designed to improve the quality of life and promote economic development in rural America. In Florida, the program is administered at the State and local level by field offices of USDA's Rural Development mission area. Under the program, direct loans may be made to develop wastewater systems, including storm drainage, in rural areas and cities and towns with a population of 10,000 or less inhabitants based on the most recent decennial census of the U. S. Funds are available to public entities such as municipalities, counties, special purpose districts and Indian Tribes as well as corporations operated on a not-for-profit basis. Priority is given to public entities in areas with less than 5,500 people to restore a deteriorating wastewater system or to improve, enlarge, or modify an inadequate waste facility. Applicants for funding under the program must be unable to obtain funds from other sources at reasonable rates and terms to finance the proposed project. Grant funds available under the program are used to help reduce waste disposal user costs to a reasonable level for users of the system. Funding for this program is received on an annual basis through an appropriation process. Currently, we are operating under a Continuing Resolution for Fiscal Year 2003, pending final action on the Federal Agencies appropriations for the year. Typically, we receive a State allocation of funds for Florida to assist in funding high priority projects within the State. These funds are administered directly by the agency through its field office structure within the State. Monroe County is served by our Area Five Office in West Palm Beach, Florida. Letter dated 12/22/02 to Senator Graham (Con't) Page Two Based on the estimates of cost shown in the resolution, it may be difficult for us to consider projects of the magnitude indicated. However, there are areas of Monroe County that are considered "rural"; and, as such, could be evaluated for eligibility for funding under this program. If the county and its representatives would like more information about our program to include eligibility requirements and application processing procedures, we would encourage them to contact our Rural Development Manager that serves the South Florida area. His name and contact information are as follows: Mr. Gregory L. Caruthers, Rural Development Manager USDA, Rural Development, Area Five Office 750 South Military Trail, Suite J West Palm Beach, Florida, 33415 Telephone: 561-683-2285 Facsimile: 561-683-6249 Email: greg.caruthers@f1.usda.gov Ifwe can be of further assistance, please let us know. Sincerely, C ~ w. &---- ~ CHARLES W. CLEMONS, SR. State Director c: RDM, West Palm Beach BOB GRAHAM FLORIDA tinitcd ~tatcs ~cnatc WASHINGTON, DC 20510-0903 January ]4,2003 Mr. Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Dear Danny: In response to my inquiry on your behalf, I have enclosed for your reference a copy of the letter I received from the United States Environmental Protection Agency. Kasey Gillette from my Washington, D.C. office will notify interested Monroe County officials, if there are any new developments related to a Congressional authorization. If I can be of assistance with other matters, please do not hesitate to let me know. It is important to me to be aware of your views and concerns III order to better represent you in Washington. Again, thank you for allowing me this opportunity to serve you. With kind regards, Sincerely, United States Senator BG/kmb Enclosure 3: o c ~ ~ 0'-' ~. ,.,..,r-',"~ ;:0;:-': t"") . r- 0(")< ~~-~ ----i' C) -< C) ~.~ . :-l....... "'TJ' ):> r- t.;) :l:> ,.,.., :c.. :x w c:...; '" {:::::> '=::> '-4J '- :t.;. ;e ..." r- ", o -., a ::::J;J :;0 Pl (") o ::0 o -.J -,,-<;\:o sr",,, 0" ~.s> i ^ :.0 '" ~ -Z \ ~IGt l 1-~ '\~ "'{ PR01~C UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 DEe 9 2002 Honorable Bob Graham United States Senator 2252 Killearn Center Boulevard, Suite 300 Tallahassee, Florida 32309-3573 Dear Senator Graham: Thank you for your November 19,2002, letter on behalf of Mr. Danny L. Kolhage, Clerk of the Circuit Court of Monroe County, Florida, requesting your support for federal funding for wastewater and storm water improvements identified in the Monroe County Master Wastewater and Stormwater Plans. You are requesting that the U.S. Environmental Protection Agency (EP A) Region 4 review the information submitted by Monroe County and provide your office with our comments. We are pleased to provide you with the following comments. As you are aware, EP A Region 4 has been working with Monroe County elected officials and staff since 1991, when we and the State of Florida Department of Environmental Protection, in cooperation with the National Oceanic and Atmospheric Administration, began the development of a Water Quality Protection Program (WQPP) for the Florida Keys National Marine Sanctuary. The WQPP was finalized in 1996 and includes priority corrective actions and schedules addressing point and nonpoint sources of pollution to restore and maintain the chemical, physical and biological integrity of the Sanctuary. The WQPP also includes a comprehensive monitoring and special studies program. This program has been funded primarily by EP A at over $10 million. EP A continues to work with numerous federal, State, and local government agencies to complete implementation ofrnany of the numerous strategies in the WQPP document~ including the following: 1) development ofa Sanitary Wastewater Master Plan for the Florida Keys that evaluates options for upgrading existing inadequate wastewater infrastructure, such as cesspits and septic systems; 2) establishment ofan inspection/compliance program for cesspits and septic systems; 3) development ofa Stormwater Master Plan for the Florida Keys; 4) establishment ofa no discharge zone for all State waters within the boundary of the Florida Keys National Marine Sanctuary; and 5) inventory and characterize dead-end canals/basins and investigate alternative management strategies to improve their water quality. In addition, EP A has provided federal dollars to support many projects associated with the improvement of water quality in the Florida Keys,'including the following: 1) $500,000 for a wastewater demonstration project on Big Pine Key to test iimovative onsite disposal systems; 2) a $3,800,000 grant to Monroe County to help fund state-of-the-art dec,entralized wastewater rruinagement systems; 3) $4,326,000 for a Title II construction grant to Monroe County for a Internet Address (UAL) . http://www.epa.gov Recycled/Recyclable. Printed w"h Vegetable Oil Based Inks on Recyded Paper (Minimum 30% Postconsumer)' 2 publicly-owned wastewater management system in the Marathon area; and 4) $400,000 for several environmental restoration projects throughout the Florida Keys. EP A recognizes that implementation of a comprehensive wastewater master plan to upgrade sewage treatment in Monroe County will require large sums of money with costs estimated at up to $438 million (per the Sanitary Wastewater Master Plan, which was finalized in June 2000). We also understand that many residents of the Florida Keys will experience hardship if required to bear the full financial responsibility of replacing inadequate onsite treatment systems. Recognizing these facts, Region 4 has been working with our federal, State and local government partners on the WQPP Steering Committee to identify funds which could be dedicated to assisting Monroe County and its citizens with upgrading insufficient wastewater and stormwater infrastructure. EP A Region 4 is encouraged by the recent actions takw by local governments in the Florida Keys to address wastewater issues and the fact that Governor Bush has supported and the State has provided $12 million for wastewater improvements in Monroe County. Region 4 will continue its participation in the partnership between federal, State and local government agencies and the concerned citizens of Monroe County to work together to solve the complex environmental problems of the Florida Keys. We cannot afford to lose this coral reef ecosystem of national importance. If you have any questions or need additional information, please contact me or have your staff contact the EP A Region 4 Office of Congressional and Intergovernmental Relations at (404) 562-8327. I . Palmer, Jr. Regional Administrator d'