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Item U8 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 18. 2009 Division: County Attorney Bulk Item: Yes -1L No Department: Staff Contact PersonlPhone #:Suzanne Hutton x 3470- AGENDA ITEM WORDING: Approval of resolution requesting DCA for a rule change to revise the scoring for Small Cities Community Development Block Grant application scoring methodology to be updated to provide appropriate emphasis on activities consistent with wastewater treatment standards mandated In Chapter 99-395 Laws of Florida, as opposed to emphasizing installation of septic tanks, which is now prohibited in Monroe County. ITEM BACKGROUND: Approximately one-third of the households still having to connect to centralized wastewater in Monroe County are deemed by federal standards to be extremely financially burdened by the system development fees which have been subsidized are 10% of the annual income of that one-third of the population, and the connection costs being 2 to 4 times the subsidized system development fees, and especially where no system development subsidy has been identified for approximately 8,800 residences. PREVIOUS RELEVANT BOCC ACTION: Levying affordable assessments for system development charges. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: o INDIRECT COST: BUDGETED: Yes _No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty)if- OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included --L- Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 Resolution No. - 2009 A RESOLUTION OF MONROE COUNTY, FLORIDA REQUESTING AN ADMINISTRATIVE RULE HEARING TO PROPOSE THAT THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION SCORING METHODOLOGY BE UPDATED TO PROVIDE APPROPRIATE EMPHASIS ON ACTIVITIES CONSISTENT WITH WASTEWATER MANAGEMENT STANDARDS MANDATED IN CHAPTER 99-395 LAWS OF FLORIDA. WHEREAS, Monroe County is mandated by Chapter 99-395 Laws of Florida to eliminate discharges of nutrients to surface waters and significantly reduce nutrient discharges to groundwater; and WHEREAS, compliance with 99-395 Laws of Florida requires elimination of septic tanks and un-permitted onsite storage treatment and disposal systems; and WHEREAS, the Monroe County Sanitary Wastewater Master Plan (2000) recommended the installation of central wastewater treatment systems which meet the most stringent standards in areas identified as hot spots; and WHEREAS, in unincorporated Monroe County, construction of the central wastewater system in the Big Coppitt Service Area and portions of the Key Largo Wastewater Treatment District have been completed, and the City of Marathon reports that it is close to conclusion of its construction of several systems; and WHEREAS, connection to the centralized systems is estimated to cost between $9,000 and $18,000; and WHEREAS, the Monroe County Needs Assessment prepared by the University of North Carolina reported that 13% of households required to connect have an annual income of less than $15,000 and another 20% have an annual income of less than $35,000; and WHEREAS, the Needs Assessment reported that these percentages represent approximately 7,000 households in Monroe County; and WHEREAS, these households qualify for assistance based on single member family HUD standards; and WHEREAS, funding assistance to complete connections to the newly constructed centralized system is documented to be necessary for preservation of the existing community; and WHEREAS, construction of the centralized system was subsidized to reduce system development fees to the fee considered affordable by the Environmental Protection Agency's affordability standards; and Page 1 of2 WHEREAS, the construction of lateral connections to a newly constructed centralized system receives 60 points while installation of septic tanks, which is a prohibited activity in the Florida Keys, receives 75 points; and WHEREAS, additional central wastewater system construction throughout Monroe County is underway to achieve compliance with Ch. 99-395 Laws of Florida; and WHEREAS, the need for connection assistance funding is anticipated to be a multi-year effort; and WHEREAS, the estimated need for connection assistance funding assistance is at least $63,000,000 to $128,000,000 (7,000 households times $9,000 to $18,000 per home); and WHEREAS, as an Area of Critical State Concern, Monroe County's environmental restoration and community preservation are intended to receive priority; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY that: 1. The BOCC supports an administrative hearing to request the application scoring methodology be updated to provide goal points and grant history score points, consistent with the required activities and financial need, necessary to achieve for compliance with 99-395 Laws of Florida. 2. This resolution shall become effective immediately upon its adoption. 3. The Clerk is directed to send copies of this resolution to Secretary Thomas G. Pelham, Florida Department of Community Mfairs, and Janice Browning, Director, Division of Housing and Community Development, both at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the _ day of ,2009. Mayor George Neugent Mayor Pro Tern Sylvia J. Murphy Commissioner Mario Di Gennaro Commissioner Kim Wigington Commissioner Heather Carruthers Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk MAYOR Page 2 of 2 GG~~i~EY