Item Q1
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XorganHendrlckJOS2984331
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HUCH ..J. ""OAo.uo
..J.....EST, HD4DRIClt MORGAN & HENDRICK
KAReN K. C...B......S
JI!:OOE V. REO.....TE 3 I 7 WHITEHEAD STREET
KEY WEST. FLOftlDA 3.3040
LAW OFFICES
February 2, 2000
W. CUIiIII1II" HARRIS
(1007-' oeel
H.......... U. ALBUR"
( I 020- I 000)
~~
~o~t
Tim McGarry
Growth Management Division
Marathon Govenunent Center
2798 Overseas Hwy., Ste. 400
Marathon, FL 33050
Re: Proposed Brownfield Project
Dear Tim:
Based on my analysis of the criteria set forth under Chapter 376, Fla. Stat., the proposed site is not viable as
a Brownfield redevelopment. Section 376.80 provides that a local government shall designate a proposed
Brownfield site for DEP consideration only if the following criteria are met:
1. agreement by property owner to redevelop & rehabilitate site;
2. redevelopment of the site will create at least 10 new full or part-time jobs not associated with
the clean-up of the site;
3. redevelopment is consistent with the local comprehensive plan and is a permittable use under
applicable local land development regulations;
4. proper notice to nearby property owners; and
S. property owner/developer provides reasonable assurance of sufficient financial resources to
fund rehabilitation and redevelopment. See, J376.80(2)(b), Fla. Stat.(1997).
Any proposed development must fully comply with the Comp Plan and LDRs and it appears unlikely that
the land is buildable due to wetland considerations. Assuming your complete analysis shows the land is
Wlbuildable, another proposed alternative is to rehabilitate the site for CARL purchase. This proposal does
not meet the Brownfield criteria because the redevelopment will not produce the mandated 10 new jobs
required under ~3 76.80(2)(b )(2). Therefore, clean-up for purposes of environmental consclVation does not
meet the required criteria for Brownfield designation. Based on the foregoing analysis, the proposed project
does not meet the required criteria to allow the BOCC to designate it as a Brownfield area.
Sincerely,
Karen K. Cabanas
Copy to:
Commissioner Williams, Land Use Liason
P.O. Box I I 1 7. KEY WEST. Fl. 3304 I . 1l:l.E"HO"S: 305 zSle-5e 7e . F...CSIMlLE 30& 20e-433I
/-0\
FLORIPAKErS
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATIOI\1
STATE OF FLORIDA
COUNTY OF MONROE
no. 9094900
NOTICE OF INTENTION TO
CGN8IDEfI ADOf'l"ION OF
COONTYORO,INANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAVeONCERN that
on W~, Jan:'il 19.
~~~I~lnanM~h=, ~
Truman' Avenue. Key West.
~~roeof~~
ar$ 'of Monroe County, Floricle,
. in.,. . tl> consider the edop-
tIonof . thefolloWinO County
RESOLUTION:
A
BOA
SION
IGNA
AT.
OlilM'
TORCH
. DUMP
t~:
: ~<rc;
T
F
ENVI
UNO
FAC
CRI
IGNA N..
Puraullllt to SectIon 288.0105,
Florlcle Stetutea, notice Is given
that if a per80n deci_ to tip-
, peel any dec:I8lan ~ by the
Boert!.with rwpect 19 any m. et-
tel' conlldenld .thlt~ he
wi" need a. ~. of the pro-
, ~ _Uhat. 'onuch pur-
~:'a~~:-::
~ III meda. which re-
Cord inducJelI the tHtimonY and
evidence upon which the appeal
is to be baaed.
~. 'P,.....~~
AESOLtlTlC)N "ri'iN' for
re\lfliW'tt~ ~ Ii-
brerWallt . CoUnty, FlOri-
c1e.
o.ted~ K~ W..t, Florlcle, this
10m cIeY of December,1999.
DANNY L.KOLHAGE,
Clerk d theClrcuit Court
end ft officliO CIelk of the Board
of County Comtnluloners of
MonroeCounty;Floride
PublleIH)___31,1999;
Januaryg.2ooo.
FIorkIe Keys Keynoter
Before the undersigned authority person-
ally appeared TOM SCHUMAKER who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
December 31, 1999
January 8, 2000
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County! Florida, for a period of
one year next preceding the first
pu blication of the attached copy of
advertisement. The affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Kevs Kevnoter is in full
comoliance with Chaoter 50 of the Florida
State Statute on Le and Offi .al
Adve. nts.
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fLORIPA KI r:l
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared TOM SCHUMAKER who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in fvtonroe County, Florida: that the:
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
Florida Keys Keynoter
January 1,2000
Affiant further says that the said FlORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says .
that he has neither paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Kevs Kevnoter is in full
com liance with Cha t r 50 of the A rida
State Statu on e a and ffici
Adve . ts.
<.-,
ore me ~
1,,(flft>
~~~~
FILED FOR RECORD
OOJAN I 9 PHc3i 09
DANNy....
MONlJ"tK. "' IWINTEN11ONlO CONSIDER
.
NOTfCE 'IS . HEREBY GIVEN TO WHOM .IT MAY,
CONCERNthatpn Wednesday, January 19, 2000.
at.3:00 p.m. afthe Harvey Cerrt'Br - Truman School,
1200 Truman. Avenue. Key West, Monroe County,
Aorida,me . BOard of County Commissioners of
Monroe COunty,. Florida, intends toconsidel' the
adoption of the fOlloWing County RESOlUTION:
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS REalJESllNG"A DESIGNATION OF
BROWNAELDS AT THE MONROE COUNtY DUMP
SITE oN MIOOlE TORCH KEYNKlA BALTUFFDUMP
SITE. . FOR THE PURPOSE OF ENVtRONMENTAl
REMEDIATION, REHABILITATION, AND ECONOMIC
DEVELOPMENT" . FURTHER AUTHORIZING THE
COUNlY AOMINlSlRAlOR TO N011fY THER.ORIDA
DEPARTMENT OF ENVIRONMENTAl PROTECTION'
UNDER.~, 62-185, . fAC BROWNFIELQS
.... ~R8l.E.cFSAbOiSBW1Ofl."
PursUWft" tE) Section 286.01 OS,Aorida .-statutes.
notice' . .'.. that ita . . "decides to. Ian
~ ..~".. appea y
decision made . by' the Board. with . respect to any I'
matter considered at the hearing, he witl need a !
record of. the proceedings, and that, for such
purpose, he may need to ensure that a verbatim
record of the proceedings is. made, which record
includes the testimony and evidence upon which
the appeal isto1le~:
Copies of. the above-referenced. RESOLUTION are
available for review at the various public libraries in
Monroe COunty, Florida.
, .
Dat,ed at Key W~t,. AorieJa, this 10th day of
December, 1999.
.... ". ,.." ...'.................OANNY..... ...l....KOLHAGE........ .....c.tlrt~.lIle..c.. ircult Court .
" . . .... . . ...Il(_iCJe$P~~~CotJiy.
. ., ' ,.. .,eoornissioners 6fMllnroe County, Fforida
;.. <,-. .
fi}) ~~ ~ fr'~f?~ ~
~ JAN 1 0 ~~3[J JJ
~ally Known II OlIIer LD.
FLORIPA Kl:rs
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared TOM SCHUMAKER who on
oath, says that he is PUBLISHER of t~e
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
Florida Keys Keynoter
January 5,2000
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says '
that he has neithei paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Keys Keynoter is in full
com Iiance with Cha ter 50 of the Florida
State S at tes on Le a and Off I
Advertis~ts.
......, . ,.
fore me _ -L
'~~
FILED FOR RECORD
00 JAN ,
Of; ~I~', '
"flti r I
HONRCO't C
INTEtrnONlO CONSIDER
~HEREBY GIVEN TO WHOM IT MAY
CONCER nliat on Wednesday, January 19, 2000,
at 3:00 p.m. at the Harvey Center - Truman School,
1200 Truman Avenue, Key West, Monroe County,
Florida, the 8oardof County Commissioners of
Monroe County, Flori~. intends to consider the
adoption of the following' County RESOLUTION:
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS REQUESTING A DESIGNATION OF
BROWNFJELDS AT THE MONROE COUNlY DUMP
SITE ON MIDDLE TORCH KEY /W./A BALTUFF DUMP
SITE FOR THE PURPOSE OF ENVIRONMENTAL
REMEDIATION, REflABIUTATION, AND ECONOMIC'
DEVELOPMENT, FURTHER AUTHORIZING THE
COUNTY ADMINISTRATOR TO NOTIFY THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROJECTION
UNDER CHAPTER 62-785, FAC BROWNFIELDS
ClEANUP CRITERIA RULE, OF SAID DESIGNATION.
Pursuant to Section 286.0105, Aorida Statutes,
notice is given thatif a person decides to appeal any
decision made by the Board with respect to any
matter ,considered at the hearing, he will need a
record of the proceedings. and that,for . such
purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record
includes the testimony and evidence upon which
the appeal is to be based.
Copies of the above-referenced RESOLUTION are
aVailable for review at the various public libraries in
Monroe County, Florida.
Dated at Key West, Florida, this 10th day of
December, 1999.
.
DANNY L. KOt.tfNJE.CIllIk oftre Circuit Court
and ex offiCio Clerk of" Boan:t of County
ComtlIissklleis of MOnroe Coonty,.fIorida
~
W)l:'g~l1W~w
~, JAN 1 0 2000
PORTER
P.O. Box 1197 . Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
PROOF OF PUBLICATION
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF A
COUNTY RESOLUTION
STATE OF FLORIDA
COUNTY OF MONROE
NOTICE IS HEREBY' GIVEN TO WHOM -IT
MAY CONCERN that on Wednesday, January 19,
2000, at 3:00 PM at the Harvey Center - Truman
School, 1200 Truman Avenue, Key West, Monroe
County, Florida, the Board otCounty Commission:..
ers of Monroe County, Florida; intends to consider
the adoption of the following County RESOLU-
TION: ..
A RESOLUflON OF THE BOARD OF COUNTY
COMMISSIONERS REQUESTING A DESIGNA-
TION OF BROWNFlELDS AT THE MONROE
COUNTY DUMP SITE ON MIDDLE TORCH
KEY AlKJA BALTUFF DUMP SITE, FOR THE
PURPOSE OF ENVIRONMENTAL REMEDIA-
TION, REHABILITATION, AND ECONOMIC
DEVELOP~NT, FURTHEIl AUTHORIZING
THE COUNTY ADMINisTRATOR TO NOTIFY
THE FLORIDA DEPARTMENT OF ENVIRON-
MENTAL PROTEcrtON UNDER CHAPTER. 62-
78S, FAC BRO~CLEANUPCRITERIA
RULE, OF SAID DESIGNATION.
Before the undersigned authority
personally appeared DONNA STUTTS,
who on oath, says that she is PUBLISHER
of THE REPORTER, a weekly newspaper
entitled to publish legal advertising
published at Tavernier, Monroe County,
Florida: that the attached copy of
advertisement, being a LEGAL NOTICE in
said newspaper in the issue of:
December 30, 1999 & January 6, 2000
(SEAL)
Affiant further says that THE REPORTER
is a newspaper published at Tavernier, in
said Monroe County, Florida, and that the
said newspaper has heretofore been
continuously published in the said
Monroe County, Florida, each week (on
Thursday), and has been entered as
second class mail matter at the Post
Office in Tavernier, in said County of
Monroe, Florida, for a period of one year
next preceding the first publication of the
attached copy of advertisement; and
affiant further says that he has neither
paid nor promised any firm, person, or
corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for
publication in the said newspaper and that
The Reporter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal and Official Advertisements.
~~t before me this
6th Day of January, 2000
,"" "", Anna M Hines
.<:.6 to
* ~ *My CommiSSion CC715804
"~'i' Expires March 31, 2002
..~.~
Pursuant to Section 286.0105, Florida Statutes,
notice is given that if a person decides to appeal any
decision- made by the Board with respect to any mat-
ter considered at the hearing. be d peed a record of
the proceedings, and that, for such purpose, he may
need to ensure. that a verbatbn record of the pro-
ceedinp is made, whidl record includes the testimo-
nyand evidence upon which the appeal is based.
Copies of tile above-referenced RESOLUTION are
llvailable for review at the various public libraries in
Monroe County, Florida.
Dated at Key West, Florida, this 10th day of Decem-
ber, 1999.
DANNY L KOLHAGE, Gerlt ofthe Circuit
Court and ex ofticio Clerk of the Board of
County COIn missioners of
Monroe CountY, Florida
PUBUSHED: 12130199 & 1/6100
The Reporter
Tavern'
~
Notary
'IS :1, Wd sa Q3j 00
OlJO~3~ ~O.:l a31'.~
I
3420 Northside Drive
Key West Fl. 33040
'1) {A, 71
\.< \,-' j
Office 305-294-6641 Fax 305-294-0768
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, wi oIp>atg
says that he is director of the Advertising Department of the Key West Citiz~~.~il*=
newspaper published in Key West, in Monroe County, Florida; that the attac~py",
. vertisement being a legal Rotice.in the matter of " .~g;- ;0
~: l'--'. .~ <11.- VWL '., V-l,u liell!ili'U" l
:<~~ ::r:
Court, was published in said newspaper in the,1isu~ o~
,. tTi -,
r,
Ulhe . -
'_,{', ,1/-<\:p;q~
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Floridaeach day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement ; and affiant further says that he has neither paid nor
promised any person , firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication . s id newspaper.
Signature of
Sworn and subscribed before me thi;3J!day of 1({:x./~7 ' 1999.
/; / (~/' ,....--..,.,
L~L (I JIt2. 1~7. {[ (~
ISignature of Notary Public
fo)~@~)\WlW~
~ JAN 1 4 2000
~\\\I'\l1I 1/1/1111.
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Type ofIdentification Produced
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CONSIDER AJ)QPTIQN .OF
.COlJNTYRESOLUTION
NOTICE IS HEREBY GIVEN TO WHOM IT MAY
CONCERN that on WedneSday, January 19, 2000, at
3:00 PM at the Harvey Center - Truman SchoQ', 1200
Truman Avenue, Key West, Monroe County, Florida, the
Board of County Commissioners of Monroe County,
Florida,intends to consider the adoption of the
fOllowing County RESOLUTION:
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS REQUESTING A DESIGNATION OF
BROWNFIELDS AT THE MONROE COUNTY DUMP SITE
ON MIDDLE TORCH KEYA/K1A BALTUFF DUMP SITE,
FOR THE PURPOSE OF ENVIRONMENTAL
REMEDIATION, REHABILITATION, AND ECONOMIC
DEVELOPMENT, FURTHER AUTHORIZING THE COUNTY
ADMINISTRATOR TO NOTIFY THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
UNDER CHAPTER 62-785, FAC BROWNFIELDS
CLEANUP CR,ITERIA RULE, OF SAID' DESIGNATION.
Pursuant to Section 286.0105, Fl,orida Statutes, notice is
given that if a person decides to appeal any decision
made by the Board with respect to any metter
cOn$dered at the hearing, he will need a recordofthe
'proceedings, and that, for such purpose, he may need
toerisure that ayerbatim record oftheprocee~ings is
made, which record includes the testimony and
eVic;fence upon which the appeal is to be based.
Copies of the above-referenced RESOLUTION are
available for review at the various public libraries in
Monroe County, Florida.
Dated as Key West, Florida, this 10th day of December,
1999.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
...... of County "
~.f..... of
Monroe County, Acrid.
Florida Brownfields Grants
(Administered by OTTED)
Grant Name
Amount
$140,000
$500,000
$140,000
$200,000
$200,000
$500,000
$200,000
$140,000
$140,000
$500,000
$200,000
Totfli: $2,860,000
Broward County
Clearwater
Escambia County
Gainesville
Jacksonville
Miami
Miami-Dade County
Ocala
Opa-Locka
St. Petersburg
Tallahassee
Th~. Mu,y 27. 1999
Piige 1 oj 1