Resolution 300-1997
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RESOLUTION NO. 300
-1997
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MO~OE
COUNTY, DECLINING THE INVITATION OF THE ARMY CORPS OF ENGINEERS'JO
PARTICIPATE IN A MEETING TO BE HElD IN TALLAHASSEE PERTAINING:ro.
FDOT'S PERMIT APPLICATION FOR THE WIDENING OF THE 18 MILE STRETC~O~
US 1 AND URGING THE CHIEF ENGINEER OF THE ARMY CORPS TO REVIEW:1'HIS .
PROJECT.
WHEREAS. Monroe County has been informed that on Monday, September 8. 1997.
Colonel Terry Rice. District Engineer of the U.S. Army Corps of Engineers. advised representatives
of the Governor of Florida and the Florida Departments of Transportation and Community
Affairs that he intends to deny the FDOT permit application to widen and improve US 1 from
Florida City to Key Largo; and
WHEREAS, the Army Corps of Engineers has invited Monroe County's staff to travel to
Tallahassee on September 19. 1997 to hear the Corps' announcement pertaining to the FDOT
permit application; and
WHEREAS. the condition of the "18 mile stretch," and particularly its two-lane causeway
over Lake Surprise that is subject to washout even in tropical storm conditions. and a two-lane
drawbridge over Jewfish Creek. prompted Dr. Robert C. Sheets. former Director of the National
Hurricane Center. to testify that the road is unsafe and that failure to improve US 1 would be
"unconscionable;" and
WHEREAS. the FDOT permit application includes much-needed bridge improvements as
well as improvements for highway safety. and the addition of an out-bound lane of traffic for
improved hurricane evacuation; and
WHEREAS. the anticipated decision to deny the permit is contrary to positions taken
previously by the Corps in support of road improvements for safety and improved hurricane
evacuation; and
WHEREAS, the South Florida Water Management District Governing Board fully reviewed
and debated the Recommended Order and issued a Final Order on June 20. 1997, in which
the Board fully adopted the findings of fact and conclusions of law of the Administrative Law
Judge. and subsequently issued the requested permits; and
WHEREAS, the issuance of the SFWMD permits constitutes State certification under
federal law that the project meets water quality standards; and
WHEREAS, the public safety concerns that motivated the County and the State to
propose the project and to spend hundreds of thousands of dollars to design the project, to
evaluate the direct and secondary impacts, and to defend the project in intensive
administrative hearings, are of great importance; and
WHEREAS. on September 12, 1997, the Florida Department of Transportation requested
that the ACOE take no action on its application, other than reactivation, until it has been given
a specific and reasonable period of time to respond to concerns of the ACOE and other
federal agencies; and
WHEREAS, the citizens of Monroe County, regardless of their views on the substantive
issues raised by the FDOT permit application, legitimately expect that governmental decisions
affecting their vital interests will be made on the basis of substantive evidence elicited through
public hearings, with due regard being given to the findings of their elected officials, and that
such decisions will not be unduly influenced by special interest groups whose allegations have
been expressly rejected in the administrative hearing process; now. therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
FLORIDA:
Section 1. The Monroe County Board Of County Commissioners urges the Army
Corps of Engineers to defer final action on the FDOT permit application for the widening of the
18 Mile Stretch of US 1 in the Florida Keys, until sufficient time has been given FDOT to respond
to the concerns of ACOE and other federal agencies.
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution No.
315-1995 on September 7, 1995, requesting that the Florida Department of Transportation
modify the proposed roadway improvements by constructing a three-lane road, rather than a
four-lane, stating, "Monroe County finds that the '3-lane alternative' ... is the most viable
proposal of those considered, because it balances the needs for a widened highway with
safeguards designed to address secondary impacts;" and
WHEREAS. FOOT explored all reasonable alternatives, including a two-lane alternative,
and in response to Monroe County's request and a similar request from the South Florida Water
Management District, FOOT redesigned the project to change the roadway from four lanes to
one in-bound lane with passing zones and two outbound lanes to minimize the potential for
additional growth to result from the improvements: and
WHEREAS, a two-month administrative trial was held on the redesigned FOOT proposal.
from September 4, through November 7, 1996 (including three evening public hearings on
September 24, 25, and 26, in which members of the public were invited to testify) during which
the Administrative Law Judge heard extensive expert witness testimony relating to primary,
secondary, and cumulative impacts of the project, resulting in findings that the project would
result in a net water quality improvement, that the mitigation and other environmental
enhancements of the project more than offset the environmental impacts and that the project
is definitely in the public interest; and
WHEREAS, the Administrative Law Judge expressly found that potential adverse
secondary impacts were offset by Monroe County's Comprehensive Plan and Land
Development Regulations, and by State agency regulations and oversight and that "the
evidence was insufficient to establish at a level above speculation that adverse environmental
impacts will result" from future growth under the County's Rate of Growth Ordinance, all
culminating in a Recommended Order from the AU that permits for the roadway
improvements should issue; and
Section 2.
Monroe County respectfully declines ACOE's invitation to attend the
announced September 19, 1997 Tallahassee meeting, and affirms its policy that issues involving
the vital interests of its residents should be heard and decided in the Florida Keys, not hundreds
of miles from the people who will be most impacted by the decision.
Section 3.
The Board hereby directs the Clerk of the Board to forward certified
copies of this Resolution to the elected officials of the State of Florida and to the Chief of
Engineers of the Army Corps of Engineers.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 11 th day of September. 1997.
Mayor Douglass
Commissioner Freeman
Commissioner Harvey
Commissioner London
Commissioner Reich
yes
yes
yes
yes
no
By ~ c. fJJ/J~
Deputy Clerk
By
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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