May 13, 2003
The Honorable Felicia Moore
Councilmember, District 9
Atlanta City Council
55 Trinity Avenue, S.W.
Atlanta, Georgia 30335
Dear Councilmember Moore:
As we move forward and work together to address the city’s responsibilities under the Federal Court mandated consent decree requirements for water and sewer improvements, my administration remains very committed to minimizing the impact to rate payers. It is with this consideration in mind, that I gave thoughtful and careful consideration to your proposed resolution regarding the affordability and schedule for the Combined Sewer Overflow (CSO) Consent Decree (03-R-0769). While I share your concerns over the potential impact to ratepayers, I strongly disagree with the proposed actions and I ask that you withdraw the resolution.
The City has twice before prepared affordability studies and submitted them to the U.S. Environmental Protection Agency. In both cases, EPA has determined that the CSO funding requirements represent a “medium” burden to the City of Atlanta. Under EPA guidance this final determination of a medium burden results in an implementation period of up to 10 years. Our 1998 CSO Consent Decree requires that we complete construction by November 2007. Our greatest challenge is not the schedule, but funding.
With the help of City Council, we have made our case at the federal level for $1 billion over ten years to help offset the cost to tax payers. We, like you, have grave concerns that Atlanta remain “affordable” for a full spectrum of income levels and thus our extensive efforts to secure outside funding.
I have been actively engaged with the Department of Watershed Management at both the state and federal level to secure funding. The Department is also actively pursuing cost reduction and containment measures through value engineering and financial management planning. We have made substantial progress in these areas and that progress has led to an improved relationship with the regulatory agencies.
It is essential that Atlanta retain control of the Consent Decree programs in order to manage costs and control rate structures. In other cities, Federal Judges have taken direct control of consent decree programs and your resolution has the real potential to trigger a takeover of Atlanta’s program. This action could result in yet another layer of program management, higher costs and the removal of City oversight authority. This is such a critical issue to Atlanta that I must reiterate the position I stated last Monday. If passed, I will veto this resolution.
Again, I appreciate your concern and interest in the Consent Decrees and I look forward to working with you on mitigating the financial impacts. I ask you to withdraw your resolution and allow Atlanta to resolve the issues, not the Federal Judge.
Sincerely,
Shirley Franklin
cc: Members of the Atlanta City Council
Ms. Lynnette Young, COO
Mr. Jack Ravan, Commissioner of Watershed Management