08/17/2000(1)
08/17/00
-
2000/251
Adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the purchase of 9" piling caps for placement on County owned shallow
water markers, Roll call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner Neugent Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Freeman Yes
Motion carried.
RESOLUTION NO. 317-2000
See Res. Book No, 145, which is incorporated herein by reference.
Motion was made by Mayor Freeman and seconded by Commissioner Neugent to adopt
the following Resolution authorizing an allocation from the Boating Improvement Fund for the
emergency removal ofDV3A3163 located off of Duck Key, Monroe County, and granted
approval and authorized execution of Contract Agreement between Monroe County and Blue
Water Marine, Inc. for same. Roll call vote was taken with the following results:
-
Commissioner Harvey
Commissioner Neugent
Commissioner Reich
Commissioner Williams
Mayor Freeman
Motion carried.
Yes
Yes
No
Yes
Yes
RESOLUTION NO. 318-2000
See Res. Book No. 145, which is incorporated herein by reference.
-f:
Motion was made by Commissioner WilIiams and seconded by Commissioner Neugent
granting approval and authorizing execution ofa revised Memorandum of Understanding No.
DOH 01-1999 (Homeowners Wastewater Assistance,Program) between Monroe County and
Monroe County Health Department to incorporate Amendment Nos. 1 and 2 and to correct
scrivener errors and recession of Amendment No.2. Roll call vote was taken with the following
results:
-
Commissioner Harvey
Commissioner Neugent
Commissioner Reich
Commissioner WilIiams
Mayor Freeman
Yes
Yes
No
Yes
Yes
AMENDMENT NO. 2 TO
MEMORANDUM OF UNDERSTANDING
NO. DOH 01-1999 BETWEEN MONROE COUNTY AND THE
FLORIDA DEPARTMENT OF HEALTH, MONROE COUNTY
HEALTH DEPARTMENT, TO IMPLEMENT A HOMEOWNERS
WASTEWATER ASSISTANCE PROGRAM
Monroe County and the Florida Department of Health, Monroe County Health
Department (MCHD) hereby agree to amend the subject Memorandum of
Understanding (MOU) to reflect: an $100,000 increase in the amount of Florida
Department of Community Affairs funds available for this program; clarify that
any nutrient credits generated with the use of grant funds are the property of the
County; and, formalize the understanding between the two parties that prior
written approval by the Florida Department of Environmental Protection is need
for any revisions to the subsidy guidelines as stipulated below:
1. Section III B. 2. section title is amended to read as follows:
" 2. County and State Funding Sources"
2. Section III B. 2. a.), first sentence, is amended to read as follows:
"Monroe County shall make available to MCHD up to $949,909 in
infrastructure sales tax funds (Fund 304) as the County's share of
the eligible cost to eliminate cesspools and unknown and
inadequate on-site waste treatment and disposal systems under
this grant assistance program."
3. Section III, B. 2 b.) is amended to read as follows:
"Monroe County shall make available to MCHD up to $250,066,
$200,000 from Fund 148, Account 51000-530340, 2010
Comprehensive Plan and $50,066 from the one-cent infrastructure
sales tax (Fund 304) for funding the administrative costs of this
program."
4. Section III, B. 2.c.) is created that reads as follows:
"The non-County funding sources for replacement of unknown and
inadequate on-site waste treatment and disposal systems are as
follows: FDEP- $850,000; and FDCA-$700,750."
C:\DOCUMENT\Wastewater\AMENDMENT NO. 2.doc
Page 1 of 3
5. Section III, B. 3. c.) is amended to read as follows:
"When FDCA grant funds become available, the County shall
provide MCHD within 60 days of the executed contract with FDCA,
a lump sum amount, not to exceed $70,075, equal to 10 percent of
the grant funds provided by FDCA for the replacement of cesspools
and inadequate unknown systems."
6. Section III, B. 5. g.) is created that reads as follows:
"Any nutrient credit that is generated by replacement of an on-site
system for which grant assistance is provided under this program
shall be the property of Monroe County. As a condition of receiving
grant assistance, the property owner shall be required to sign a
statement waiving any right to such nutrient credits."
7. Section III, B, 6 is created that reads as follows:
"6. FDEP Coordination
Both parties agree that any amendment to this Agreement revising
the grant assistance levels in Attachment 2 or guidelines for shared
systems in Attachment 3, requires the prior written consent of the
FDEP Project Manager for FDEP Agreement No. SP. 527."
All other provisions of the Memorandum of Understanding No. DOH 01-1999, as
amended, between Monroe County and the Florida Health Department, Monroe
County Health Department shall remain in full force and effect.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
C:\DOCUMENT\Wastewater\AMENDMENT NO. 2.doc
Page 2 of 3
THE PARTIES, by their duly authorized undersigned representatives have
executed this Amendment on the dates and year below written.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY: cS~-F~
MAY ICHAIR PERSON
f1 A- ~ I fI. }.-tH-t)
,
DATE:
APPROVED AS TO FORM
AND~
BY
Attorney's Offic<:
D.C.
FLORIDA DEPARTMENT OF HEALTH,
MONROE COUNTY HEALTH DEPARTMENT
BY:
AUTHORIZED SIGNATORY
DATE:
C:\DOCUMENT\Wastewater\AMENDMENT NO. 2.doc
Page 3 of 3
CLERK'S ORIGINAL
AMENDMENT NO.1 TO
MEMORANDUM OF UNDERSTANDING
NO. DOH 01-1999 BETWEEN MONROE COUNTY AND THE
FLORIDA DEPARTMENT OF HEALTH, MONROE COUNTY
HEALTH DEPARTMENT, TO IMPLEMENT A HOMEOWNERS
WASTEWATER ASSISTANCE PROGRAM
Monroe County and the Florida Department of Health, Monroe County Health
Department (MCHD) hereby agree to amend the subject Memorandum of
Understanding (MOU) to expand the number of residential property owners
eligible for grant assistance under the County's Homeowners Wastewater
Assistance Program as stipulated below:
1. Section 11/ B. 2. a.) is amended to read as follows:
"Monroe County shall make available to MCHD up to $959,000 in
infrastructure sales tax funds (Fund 304) as the County's share of
the eligible cost to eliminate cesspools and unknown and
inadequate on-site waste treatment and disposal systems under
this grant assistance program. The County shall provide for the
entire share of the eligible costs for replacement of inadequate on-
site waste water treatment and disposal systems eligible for
assistance under the shared use of a system provisions of Section
11/ B 4. f.)."
2. Section'" B 4. b.) is amended to read as follows:
"The grant assistance program shall be available to property
owners of all eligible residential properties, including mobile home
and trailer parks. These funds shall be used to partially defray the
costs for the replacement of cesspools or unknown systems or
eligible inadequate systems with an approved OWNRS, small off-
site cluster systems, or DEP approved wastewater treatment
facilities, in accordance with FDEP Contract SP 527 and this
Agreement."
3. Section 11/ B 4. c.) is amended to read as follows:
"Only owners of residential properties identified through
implementation of Ord inance 031-1999 and owners of residential
properties under the provisions of Section III B. 4. f.) shall be
eligible for the grant assistance program. Except for residential
properties made eligible for grant assistance under the provisions
of Section III B. 4. f.), these properties must be listed on the
MCHD's "unknown systems" list and subsequently identified as
C:\DOCUMENnWastewater\AMENDMENT NO. 1.doc
Page 1 of 4
existing witi.ill Q "CIEA" as defined in Ordinance 031-1998 and
adopted by Resolution of the BOCC. Owners of residential
properties identified on the "unknown systems" list within a
designated" CIEA" that receive an official notification letter from
MCHD or owners of residential properties under the provisions of
Section 11/ B. 4. f.) shall be eligible for grant assistance funding.
Owners of other residential properties on the "unknown systems"
list situated within a "CIEA" shall not be eligible for grant funding
until they receive an official notification letter from MCHD.
Commercial properties shall be ineligible for any grant assistance
funding under this program."
4. Existing Section 11/ B. 4. f.) is renumbered to become "Section III B. 4. g.)."
5. A new Section 11/4. f.) is created that reads as follows:
"Owners of residential properties located within a "Cold Spot," who
want to replace their permitted systems through the shared use of a
new system with an adjacent property owner, who has received an
official notification letter, as provided for in Section 1/1 B. 4. c.), shall
be eligible for the grant assistance program. The grant to be
provided to each property owner shall be in accordance with
Attachment 3."
6. A new Attachment 3, titled "Subsidy Guidelines for Shared Systems," is
created, which is attached hereto and made part of this amendment.
All other provisions of the Memorandum of Understanding No. DOH 01-1999,
between Monroe County and the Florida Health Department, Monroe County
Health Department shall remain in full force and effect.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.
C:\DOCUMENT\Wastewater\AMENDMENT NO. 1.doc
Page 2 of 4
THE PARTIES, by their duly authorized undersigned representatives have
executed this Amendment on the dates and year below written.
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BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
(\~~.(~~a~
By:~j
M OR/CHAIR PERSON
DATE: m~ 1(, LOQ 0
D.c.. .
FLORIDA DEPARTMENT OF HEALTH,
MONROE COUNTY HEALTH DEPARTMENT
BY: AUTHORIZED '::i.~~I6/!r;J
DATE:
. ,. . '__'..J
C:\DOCUMENnWastewater\AMENDMENT NO. 1.doc
Page 3 of4
Attachment 3
SUBSIDY GUIDELINES FOR SHARED SYSTEMS
1. The total eligible project construction costs shall be divided by the number
of on-site systems to be replaced to determine the per unit cost allocation.
2. The owners of unknown systems to be replaced with a shared system that
have received an official notification letter from the Monroe County Health
Department in accordance with Section III B. 4. c.) shall be provided grant
assistance in accordance with Attachment 2, "Sliding Scale Homeowners
Wastewater System Assistance Program," and Section III B. 4. e.), based
upon the per unit cost allocation in Point 1.
3. The owners of property with permitted systems that are not in compliance
with current on-site wastewater treatment standards shall be provided
grant assistance in accordance with Attachment 2, "Sliding Scale
Homeowners Wastewater Assistance Program," and Section III B. 4. e.),
based upon the per unit cost allocation in Point 1. This entire grant
assistance shall be paid entirely from County funds.
C:\DOCUMENnWastewater\AMENDMENT NO. 1.doc
Page 4 of4
Cle.r/t'~ oru,'nc./
MEMORANDUM OF UNDERSTANDING
NO. DOH 01-1999 BETWEEN MONROE COUNTY AND THE FLORIDA
DEP ARTh1ENT OF HEALTH, MONROE COUNTY HEALTH
DEP ARTh1ENT, TO IMPLE:rv.tENT A HO:rv.tEOWNERS
WASTEWATER SYSTEM ASSISTANCE PROGRAM
This Memorandum of Understanding (MOD) is entered into between Monroe
County (County) and the Florida Department of Health, Monroe County Health
Department (MCHD), under the authority granted in Section 163.01, F.S.
I. PURPOSE
The purpose of this MOU is to outline the shared responsibilities of the Monroe
County Board of Commissioners (BOCC) and the MCHD concerning the
implementation of:
. Ordinance 031-1999, the Cesspool Identification and Elimination Ordinance,
and
. a grant assistance program for the replacement of cesspools and other unknown
on-site wastewater systems.
II. BACKGROUND
On 15 April 1993, the Board of County Commissioners adopted its 2010
Comprehensive Plan as required under Chapters 163 and 380 of the Florida
Statutes. After lengthy litigation through two separate administrative hearing
processes, the final adoption of the Monroe County 2010 Comprehensive Plan
(2010 Plan) occurred on 17 July 1997. The Comprehensive Plan, including the_
seven-year work program, were recently revised in Rule 28-20.100, by the
Governor and Cabinet in the June of 1999.
The seven-year work program and Comprehensive Plan policies require that the
County cause cesspools and unknown systems to be replaced with permitted On-
site Wastewater Nutrient Reduction Systems (OWNRS) in areas which are not
identified for central sewer service systems (referred to as "Cold Spots"). This
program has been re-codified recently in Ordinance 031-1999 (revising Chapter
15.5, Monroe County Code), known as the Cesspool Identification and
document/wastewater/dohcesspoolmou3.doc
Page 1 of8
Elimination Ordinance. That Ordinance focuses on areas that will not receive
sewer service within the next ten years. As required in the seven-year work
program, the program to eliminate all cesspools and unknown systems outside
"Hot Spots" must be completed by 12 July 2003.
The BOCC and the State of Florida retain a concern that those individuals who
must replace a cesspool or unknown, unpermitted system under the requirements
of Ordinance 031-1999, should be provided an opportunity for grant funding in
order to assist in their replacement efforts. Thus, the County and the State have
initially set aside up to $2.65 million for a cesspool and inadequate unknown
systems replacement grant assistance program.
Under the three-party Florida Department of Environmental Protection (DEP)
Contract SP527, approved by the Board of County Commissioners (BOCC) in
October 1999, the FDEP has agreed to provide $850,000 in funding to the grant
assistance program, which is to be distributed to eligible residential property
owners in an amount comparable to the subsidy to be received by property owners
in the Little Venice Wastewater Project. Little Venice residential property owners
will receive approximately a sixty-two percent (62%) subsidy for that wastewater
project.
The Florida Department of Community Affairs (FDCA) has agreed to provide up
to $600,750 in funding to the grant assistance program. These funds are expected
to be granted to eligible property owners in accordance with FDEP guidelines
specified in FDEP Contract SP527.
The cost of constructing an OWNRS under current standards is estimated to be
approximately $13,500 (including engineering fees and removal of any cesspool).
Sixty-two percent of this amount is approximately $8,400, which will be provided
as a flat subsidy to residential property owners replacing cesspools or other
unknown systems under Ordinance 031-1999.
Using its infrastructure funds, the County has agreed to provide a sliding-scale
subsidy in addition to the flat subsidy provided using state funds. The County will
provide at least $959,000 of infrastructure sales tax money toward this effort. The
amount provided to each residential property owner will be based on the current
assessed value of improvements to the subject property.
document/wastewater/dohcesspoolmou3.doc
Page 2 of8
The MCHD through FDEP Contract SP527, has agreed to administer the
Homeowners Wastewater System Assistance Program (HWSAP) using State and
County grant funds for ten (10) percent of the grant funds to be applied under the
grant assistance program. At its October 14, 1999, regular meeting, the BOCC
preliminarily approved providing the MCHD with up to $240,975 (l0 percent of
grant funds) from infrastructure tax and County Growth Management Division
(GMD) funds to assist in funding the administrative requirements of the program.
III. AGREEMENT
. A. Implementation of the Cesspool Identification and Elimination Ordinance.
1. The County and MCHD agree to coordinate implementation of the
Cesspool Identification and Elimination Ordinance, Ordinance 031-1999,
revising Chapter 15.5, Monroe County Code.
2. The MCHD shall prepare notification packages and official notification
letters to be sent to property owners under the Cesspool Identification and
Elimination Ordinance. The notification packages shall contain basic
consumer information on the HWSAP. The official notification letters shall
constitute formal notice to the property owners requiring them to come into
compliance with the requirements of the Cesspool Identification and
Elimination Ordinance. Included with each official notification letter shall
be necessary forms and instructions for complying with MCHD
requirements and instructions on how to receive grant assistance for the
replacement of the cesspool or inadequate unknown system.
3. The MCHD shall have responsibility for sending out notification
packages to owners of all properties identified on the MCHD "unknown.
systems" list within Cesspool Identification and Elimination Areas
("CIEAs") delineated by resolution of the BOCC, as specified in Ordinance
031-1999. After consultation with the Monroe County staff, the MCHD
shall send official notification letters to all owners of non-residential
properties and some portion or all of the owners of residential properties
identified on the MCDH "unknown systems" within a "CIEA." The number
of official notification letters sent to owners of residential properties shall
be limited to the number of cesspools and unknown systems anticipated to
document/wastewater/dohcesspoolmou3.doc
Page 3 of8
be replaced for which grant funding is available. Wherever possible, the
official notification letters shall be sent to concentrated geographic areas
and subdivisions.
4. The County and MCHD shall cooperate to develop the content of the
mail-out to those property owners receiving notification packages and
official notification letters as noted in Section III. A. 2. above.
5. The County and MCHD shall develop a public outreach effort to inform
the County's citizens about the implementation of the Cesspool
Identification and Elimination program - who will be affected, where, what
will be required of them, and what it is expected to cost. This program will
be carried out in fulfillment of task requirements identified in the seven-year
work program adopted by the Governor and Cabinet in Rule 28-20.100.
B. Implementation of the Homeowners Wastewater System Assistance
Program.
1. General Provisions
a.) The County and MCHD agree to coordinate a grant assistance
program for replacement of cesspools and unknown systems on
residential properties in accordance with the provisions of the three-party
contract SP527 and this Agreement.
b.) The County shall assist MCHD in completing an initial report to
FDEP as required in Attachment A, Section 6.A. of FDEP Contract
SP527. This effort will be completed on or before the end of December
1999. The County shall assist in the development of policies and
procedures for the selection of eligible grant recipients and in the
development of procurement procedures for the acquisition of
contractors and materials.
c.) The MCHD shall administer the grants assistance program in
accordance with all the terms and provisions of FDEP Contract SP527
and this Agreement. The payment conditions, schedules, record keeping
and audit requirements of FDEP Contract SP527 also apply to this
Agreement. A copy of FDEP Contract SP527 is hereby attached to this
document/wastewater/dohcesspoolmou3.doc
Page 4 of8
Agreement (Attachment 1). In furtherance of the objectives of this
Agreement, the MCHD shall provide the County with a copy of all
reports required by FDEP Contract SP527 and provide quarterly status
reports to the County beginning with the calendar year beginning on
January 1, 2000. The quarterly reports shall outline the grant assistance
program's administrative activities and expenditures for the reporting
period.
2. County Funding Sources
a.) Monroe County shall make available to MCHD up to $959,000 in
infrastructure sales tax funds (Fund 304) as the County's share of the
eligible cost to eliminate cesspools and unknown inadequate on-site
waste treatment and disposal systems under this grant assistance
program.
b.) Monroe County shall make available to MCHD up to $240,975,
$200,000 from Fund 148, Account 51000-530340, 2010 Comprehensive
Plan and $40,975 from the one-cent infrastructure sales tax (Fund 304)
for funding the administrative costs of this grant assistance program.
3. Administrative Funds
a.) During the duration of this grant assistance program, and unless
otherwise modified by an amendment to this Agreement, the County
shall provide ten percent of the cumulative total of all available grant
funds to MCHD for administration of the cesspool replacement grant
assistance program.
b.) Within 30 days of the execution of this agreement, the County shall
provide $180,900 in a lump sum amount to MCHD; an amount equaling
ten percent (10%) of the current available grant funds ($959,000 -
County; and~ $850,000 - FDEP) for replacement of cesspools and
inadequate unknown systems.
c.) When FDCA grant funds become available, the County shall
provide MCHD within 60 days of the executed contract with FDCA, a
lump sum amount, not to exceed $60,075, equal to 10 percent of the
document/wastewater/dohcesspoolmou3.doc
Page 5 of8
grant funds provided by FDCA for the replacement of cesspools and
inadequate unknown systems.
d.) As additional funds become available to be used in the grant
assistance program, the County will make additional funds available to
MCHD for program administration and replacement of cesspools and
inadequate unknown systems through amendments to this Agreement.
4. Homeowners Wastewater System Assistance Program (HWSAP)
a.) The MCHD shall administer a sliding scale, improved property
value based, HWSAP on behalf of Monroe County and the State of
Florida.
b.) The grant assistance program shall be available to property owners
of all eligible residential properties, including mobile home and trailer
parks. These funds shall be used to partially defray the costs for the
replacement of cesspools or unknown systems with an approved
OWNRS, small off-site cluster systems, or DEP approved wastewater
treatment facilities, in accordance with FDEP Contract SP527 and this
Agreement.
c.) Only owners of residential properties identified through
implementation of Ordinance 031-1999 shall be eligible for the grant
assistance program. These properties must be listed on the MCHD's
"unknown systems" list and subsequently identified as existing within a
"CIEA" as defined in Ordinance 031-1999 and adopted by Resolution of
the BOCC. Owners of residential properties identified on the "unknown
systems" list within a designated "CIEA" that receive an official
notification letter from MCHD shall be eligible to receive grant
assistance funding. Owners of other residential properties on the
"unknown systems" list situated within a "CIEA" shall not be eligible for
grant funding until they receive an official notification letter from
MCHD. Commercial properties shall be ineligible for any grant
assistance funding under this program.
d.) The grant assistance levels provided per each replaced on-site
system through this grant program are identified in Attachment 2 and
document/wastewater/dohcesspoolmou3.doc
Page 6 of8
may be modified through amendments to this Agreement. These
assistance levels shall be the maximum amounts that may be granted to
an eligible property owner per system replaced.
e.) If the actual cost of construction of an OWNRS or eligible
replacement system is less than the $13,500 average cost estimated by
the County, the grant assistance applicant shall only be eligible to
receive a proportionate share of the costs for reimbursement. This share
shall be calculated as follows: sixty-two percent (62%) of total costs for
properties with improvements valued over $200,000; seventy percent
(70%) of total costs for properties with improvements valued between
$100,000 and $200,000; and eighty-four percent (84%) of the total costs
for properties with improvements valued less than $100,000.
f.) MCHD shall not provide grant funds to any property owner, who
has been found to be in violation by the County Code Enforcement
Special Master of failing to comply with any of the provisions of Chapter
15.5 of the Monroe County Code.
5. Effective Date and Termination
a.) This Agreement shall be effective on the date the last party signs
this agreement. It shall remain in effect until July 12, 2003, unless
modified in writing between the two parties; or terminated as provided in
Section III 5. b.) below; or, unless the FDEP Contract SP 527 is
terminated.
b.) This Agreement may be terminated in whole or part by any of the
signed parties for convenience without cause, provided that no
termination may be effected unless the other party is given (1) not less .
than sixty (60) calendar days written notice (delivered by certified mail,
return receipt requested) of the intent to terminate and (2) an opportunity
for consultation with the terminating party. If termination for
convenience is effected by the County, the MCHD shall return to the
County all unexpended County funds adjusted for work performed and
settlement costs reasonably incurred by MCHD relating to any
commitments or contracts (e.g. suppliers, contractors), which had
become binding prior to receipt of the notice of intent to terminate.
document/wastewater/dohcesspoolmou3.doc
Page 7 of8
THE PARTIES, by their duly authorized undersigned representatives have
executed this Agreement on the dates and year below written.
BOARD OF COUNTY COMMISSIONERS
MONROE~CC?UNTY' ~ORIDA
BY:cS~7'~
MA OR/CHAIR PERSON
DATE: t1l~ ID, I'"
FLORIDA DEPARTMENT OF HEALTH,
MONROE COUNTY HEALTH DEPARTMENT
:~.iv.~J27
AUTHORIZED SIGNATORY
BY:
DATE:
/ J.. ! ..,- . 'i 9
document/wastewater/dohcesspoolmou3.doc
BY:
Page 8 of8
Attachment 1
FDEP Contract SP 527
Attachment 2
Sliding Scale Homeowners Wastewater System Assistance Program
Grant Assistance levels
Improved Property Value State Subsidy County Subsidy Total Percent
of Cost
< $100,000 $8,400 $3,000 $11,440 84
$100,000 - $200,000 $8,400 $1,000 $9,400 70
> $200,000 $8,400 $0 $8,400 62
Estimated Total Cost of Construction
Construction Cost:
Engineering Fees:
Removal of Cesspool:
$11,500
$ 1 ,500
$ 500
$13,500
Total Cost