Item J5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
**ADD – ON**
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AGENDA ITEM WORDING: Discussion and direction to staff to include No Name Key into the
Lower Keys regional wastewater facility design plans.
ITEM BACKGROUND: There are currently 47 No Name Key residences in a documented
environmentally sensitive area which should be included in the County’s central sewer plans
with the required designation as a hot spot. The County should take the responsibility to
provide public wastewater services to No Name Key, removing the burden of meeting the 2010
State mandate from the individual property owners and stabilize the residents who are very
concerned and upset about this issue. No Name Key should be added now to the design plans
for the Lower Keys wastewater system along with Big Pine.
PREVIOUS RELEVANT BOCC ACTION: Item J.2 of April 16, 2008 BOCC agenda expands
the ILA with FKAA for the Summerland/Cudjoe/Sugarloaf Regional Wastewater System to
cover design for Big Pine Key through Ramrod and Lower Sugarloaf.
CONTRACT/AGREEMENT CHANGES:
__________________________________________________________________________________
STAFF RECOMMENDATIONS:
TOTAL COST:_______________________ BUDGETED:
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COST TO COUNTY:SOURCE OF FUNDS:
REVENUE PRODUCING:AMOUNT PER MONTHYear ____
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APPROVED BY:
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DOCUMENTATION:
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DISPOSITION:AGENDA ITEM #
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215 0 No- N CUYI.e/ v,.Wet
No- NCUYI.e/ 1<.e,', fL 33043 -5202
(305) 872-8888 -llo-m,e,
---------------------------------
04/16/2008
BOCC Regular Meeting
Key West, Florida
Agenda Item J-!';: "Discussion and direction to staff to include No Name Key into
the Lower Keys Regional Wastewater Facility design plans (aka Summerland/
Cud joe/ Upper Sugarloaf/ (Big Pine Key through Ramrod and Lower Sugarloaf
Key were presumable added today with the approval of Item J-2 by the BOCC).
Dear Mayor McCoy and Fellow Board of County Commissioners:
The wording of this agenda item needlessly raises problems which can be avoided by a
simple change in wording. Specifically, it commits the homeowners of No Name Key to
becoming a part of the Lower Keys Regional Wastewater Facility design plan without
recognizing the legal, technical and financial issues, which this inclusion involves.
Apart from the prohibition of federal dollars being used to extend an infrastructure
to No Name Key as Coastal Barrier Resources System unit FL-50, it simply would not be
financially practical to tie 43 dwelling units into a conventional gravity or vacuum
collection system. The technical problems are simply too great, including, of course, the
lack of commercial power.
Obviously it is essential to find a way for No Name Key to meet the 2010 deadline with
an acceptable system, and it is beginning to appear that individual on site systems which
meet the standards may not be the most practical solution.
Serendipitously, one of the 43 homeowners on No Name Key, a Mr. Tom Sinclair, is a
renowned wastewater engineer who owns the largest manufacture of onsite wastewater
system in the country, Wastewater Systems, Inc. He believes that a STEG hybrid
system, partly on site and partly central would be technically and financially feasible.
And, it is our belief that this system maybe legally instituted provided, among other
measures, No Name Key is a separate Municipal Service Taxing Unit District to ensure
compliance with the federal Coastal Barrier Resources Act. [Public Law 101-591]
Whether or not this particular approach proves to the final solution, we strongly believe
that we need to investigate aggressively all means of bringing No Name Key into
compliance with the 2010 directive.
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We do not believe it was the intention of Commissioner DiGennaro to close off such
investigation in the wording of his proposed directive. Accordingly, we respectfully ask
if he would consider amending this agenda item to give staff the latitude necessary for a
full analysis of our options. We offer the following substitute wording for Commissioner
DiGennaro's consideration:
"direction to staff to investigate wastewater options that would be legally, technically
andfinanciallyfeasible solutions to bring No Name Key into compliance with the 2010
BAT standards of 10-10-10-1. "
In closing, we ask that you please support our amendment to this agenda item wording
and help us make a well informed decision that will allow us to achieve the 2010
wastewater standards while respecting the uniqueness of the special place we call home,
No Name Key.
Thank you for you time and consideration in this important matter.
Sincerely,
<A~ 6- MU:k- PutltI.e:Y>
Alicia & Mick Putney
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2150 No- NIiIIfI1I& 'DrWe-
No-NIiIIfI1I&'K.I1{Y, fL 33043.5202
(305) 872-8888 . H~
---------------------------------
04/16/2008
BOCC Regular Meeting
Key West, Florida
Re: Division of Growth Management - Bulk Approvals: Agenda Item 1-10
"Approval of a resolution considering the request of the Growth
Management Division to amend the Tier Overlay Map from Tier I to Tier
III for properties having Real Estate Numbers; Sugarloaf Key, Monroe
County Florida. "
Dear Mayor and Fellow Commissioners:
We would ask that this agenda item be withdrawn and sent back to Growth Management with
direction that staff proceed with the 147 Tier Map amendments approved by the Special
Magistrate in 2006, as listed in Exhibit A of Resolution 148-2006, in accordance with MCC
Section 9.S-S11(d).
. Before the County makes any amendments to the Tier Overlay Maps that put any lands in a
less restrictive tier designation; the County needs to respond to the DCAs Final Order.
. Amending the currently adopted Tier Overlay Maps via the BULK APPROVAL process, rather
than the more formal map amendment approval process, has the potential to create a huge
legal problem for the County.
. There is nothing in the Staff Report or the Back-up materials to demonstrate reliance on MCC
Section 9.S-S11(d)(s)(e), that the Special Magistrate recommendations were based on
typographical or drafting errors.
. Whether or not a parcel is developed is not relevant to the parcel's Tier designation. Given the
Tier 1 designation of surrounding properties, there is evidence to support the original
designation as Tier 1 lands was, and is, the correct designation.
. The Special Magistrate's recommendations were made based on the criteria then being used
by the County. But, those criteria were found to be invalid (arbitrary and capricious) by the
Department of Community Affairs Final Order last year in the Tier Maps case.
. Thus, the merit of the Special Magistrate's recommendations is very much in question. Any
changes adopted based on those recommendations would be subject to legal challenges based
on the Department of Community Affairs's Final Order.
. And, finally, there is an error in this agenda item itself. Two (2) of the twelve (12) properties,
RE# 00119360-000100 and RE# 00119360.000200, are not included in the list of 147 Tier
Map amendments approved by the Special Magistrate in 2006, as listed in Exhibit A of
Resolution 148-2006.
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Subject: RE: URGENT: MUST ATTEND APRIL 16TH MEETING
Date: Wed, 9 Apr 200810: 1.8:59 -0400
From: Dave.Eaken@MyFWC.com
To: John. bakke(cjJhotmalLcom
Hey John, can you pass this message on to Mary please? I don't ,'1m'e her &-n1{
work. -dave
Regrettably, I will not be able to attend the meeting on Wednesday. I will be lea'
outreach event in St Petersburg that has been planned for over 1 year Wednes,
that Putzney is trying to circle the wagons, but she is probably down to 2 or 3 We
Hallet, and Barber....with support from the rest of the island I have a hard time b,
commissioners won't finally make a decision that benefits us.
ThanK you for ai( your hard worK and attention in this issue, please Keep me in (f
Dave
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Although I can't be there as I am teae/ling a class, if appropriate, (,'ease gw
central wastewater treatment. I am there in spirit and advocacy.
Dan Morris
32800 Tortllga to
No Name Key
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'Hi" , John Sandroni
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Mary, first of all thank you and all who has worked for the owners of property en NNK fr
have also thanked Mr Nugent and Mr, Digenaro for there support, I apologiZG for not b
meeting on the 16th of April because of my previous schedule meeting that eV'll1ln<J, I r
you have sent and in the future 1 wHl try my best to attend any future meetlOgs
Thanks ror 1118 collaboration
John J Sal'/r\\'0\\\
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Mary!
I can't attend the County Commission meeting as my sister is Sdh'.'cil.ded {Cl
voice \0 my support \0 centra', was\ewatertreatrnent..
Thank yuu for all tour- wor'k and the cornrnissionors support.
Kathy Brown
32731 Tortllga l.ane
No Name Kev
Big Pine Key, Fl 33043
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