Item D1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
20 September 200 I
Division:
Growth Management
Bulk Item: Yes
No X
Department:
Marine Resources
AGENDA ITEM WORDING: Public Hearing on an ordinance amending Chapter 15.5, Monroe County Code to provide for the
creation of a decentralized wastewater management utility for the replacement of on-site wastewater treatment and disposal
systems in Cesspool Identification and Elimination Areas ("Cold Spots").
ITEM BACKGROUND: The Cesspool Identification and Elimination Program established by Chapter 15.5. Monroe County
Code, will be completed by the Monroe County Health Department by the end of this year. All unknown and unpermitted on-site
wastewater treatment systems in "Cold Spots" will have been eliminated and replaced by nutrient reduction systems that meet the
wastewater treatment standards enacted by the State of Florida in 1998.
With the conclusion of this program, the County needs to move forward to upgrade all permitted on-site wastewater treatment and
disposal systems within Cold Spots to meet these wastewater treatment standards by no later than July I, 2010 as required by
Florida law and the Monroe County Comprehensive Plan. It is estimated by FKAA that it will cost over $12 million to upgrade
existing systems within the Cold Spots.
Monroe County has been selected as a site in the United States Environmental Protection Agency National Onsite Wastewater
Demonstration Project with associated grant funding of $3.8 million to establish a decentralized wastewater management utility.
This grant including additional state and local funds has been tentatively earmarked to initiate this project as part of the County's
effort to upgrade existing on-site wastewater treatment and disposal systems within Cold Spots.
As the wastewater utility for unincorporated Monroe County, the Florida Keys Aqueduct Authority requests an ordinance that
will provide it with the necessary authority to establish a decentralized wastewater utility to upgrade existing on-site systems
through use of small cluster systems (two to ten units per system). A Memorandum of Agreement will still have to be prepared
between the County and the Authority to implement and fund the program, which is anticipated to be initiated next year.
Details on the proposed system and its proposed financing are included in the agenda supporting documentation. Representatives
from the Florida Keys Aqueduct Authority and Growth Management Division will brief the Board on the ordinance and proposed
program at the public hearing.
It should be noted that the proposed ordinance in the package IS slightly different than the one advertised. The specific
differences are identified in a staff memorandum.
PREVIOUS RELEVANT BOCC ACTION: BOCC approval to advertise ordinance on August 15,2001.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/ A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/A
REVENUE PRODUCING:
Yes N/A No
Year
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
AITEM# d --]) }
DISPOSITION:
County of Monroe
Growth Mana2ement Division
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: (305) 289 2500
FAX: (305) 289 2536
Board of County Commissioners
Mayor George Neugent, District 2
Mayor Pro Tern Nora Williams, District 4
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. Murray E. Nelson. District 5
Comm. Dixie M. Spehar, District 1
MEMORANDUM
TO:
Board of County Commissioners
Timothy J. McGarry, AICPf11
Director of Growth Manag1ef1}
September 4,2001
FROM:
DATE:
SUBJECT:
Revisions to the Advertised Ordinance Amending
Chapter 15.5, Monroe County Code
Since the Board authorized the advertising ofthe ordinance amending Chapter 15.5, Monroe County Code,
the County Growth Management Division staff has made several minor revisions to the ordinance. The
revised ordinance is the one that the staff requests the Board of County Commissioners to adopt.
Most of these revisions which were primarily done to eliminate any reference to the U.S. Environmental
Protection Agency National Onsite Demonstration Project and typographical errors. The following is a list
of those changes (page number of original ordinance is cited):
1. Page 2. "Article III" has been changed to "Article IV."
2. Pages 2-4. Sections have all been given numbers and the hyphen (-) has been eliminated from the
spelling of the word "decentralized."
3. Pages 2-4. The formatting has been made consistent throughout the ordinance.
4. Page 2, Purpose and Intent, first sentence. The words "and shall be part of Monroe County's U.S.
EP A National Onsite Demonstration Project de-centralized wastewater management utility
system." have been eliminated.
5. Page 2, Purpose and Intent, second sentence. The words "under the National Onsite Demonstration
Project" have been eliminated and the words "defined below" added to the end of the sentence after
the words "service areas."
6. Page 3, De-centralized Wastewater Management, (a), Notification to Property Owners:. In the first
sentence the words "Through the United States Environmental Protection Agency National Onsite
Demonstration Project" have been eliminated.
7. Page 4, Enforcement and Penalties, (a)(I) Property Owners. In the first sentence, the words "U.S.
EPA National Onsite Demonstration Project" have been eliminated,
8. Page 4, Enforcement and Penalties, (I). In the first sentence, the word "section" has been changed
to "article" and the word "prosecuted" inserted after the words "may be."
Marine Resources
ORDINANCE NO. 2001
AN ORDINANCE AMENDING CHAPTER 15.5, MONROE
COUNTY CODE; PROVIDING FOR CREA nON OF
DECENTRALIZED W ASTEW A TER MANAGEMENT;
PROVIDING FOR APPLICABILITY, PROVIDING FOR
REPLACEMENT OF ON-SITE SEWAGE TREATMENT AND
DISPOSAL SYSTEMS (OSTDS) IN COLDSPOTS; PROVIDING
FOR FEES; PROVIDING FOR ENFORCEMENT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Chapter 99-395, Section 6., (4) Laws of Florida, requires that
all existing sewage facilities that discharge to other than surface water and all
existing on-site sewage treatment and disposal systems (OSTDS) shall cease
discharge or shall comply with the applicable treatment requirements of subsection
(6) by July 1, 2010, and with the rules of the Department of Environmental
Protection or the Department of health, as applicable; and
WHEREAS, Monroe County is obligated under its Year 2010
Comprehensive Plan to insure sewage treatment facilities county-side are in
compliance with this law, a Sanitary Wastewater Master Plan has been developed
and was adopted by the Board of County Commissioners in May, 2000; and
WHEREAS, Monroe County has been selected as a site in the United States
Environmental Protection Agency National On-site Wastewater Demonstration
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Page I of6
Marine Resources
Project with associated grant funding to establish a decentralized wastewater
management utility; and
WHEREAS, said grant funding would be used to maximum efficiency by
replacing individual on-site sewage systems with the wastewater treatment and
disposal systems meeting applicable standards of the Department of Health or the
Department of Environmental Protection; and
WHEREAS, staff has prepared revisions to Chapter 15.5, MCC to
implement decentralized wastewater management;
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA THAT:
Section 1. the following Article is added to Chapter 15.5, MCC.
ARTICLE IV. DECENTRALIZED W ASTEW A TER MANAGEMENT
Sec. 15.5-75. Purpose and intent.
This article establishes that, when notified, property owners served by
OSTDS in "coldspots" shall meet the applicable treatment requirements of the
Department of Health or the Department of Environmental Protection. It is also
intended that the Florida Keys Aqueduct Authority be Monroe County's
decentralized wastewater management utility for service areas defined below.
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Page 20f6
Marine Resources
Sec. 15.5-76 Applicability
This article shall apply to property owners of residential and commercial
structures that are located within specific geographic boundaries approved by the
Board of County Commissioners (Commission) as not being planned for hook-up
to a central wastewater collection, treatment, and disposal systems. These
Commission approved areas shall be known collectively as Cesspool Identification
and Elimination Areas or coldspots. Specific geographic areas within coldspots
chosen for participation in the decentralized wastewater management system shall
be referred to as service areas.
Sec. 15.5-77 Decentralized Wastewater Management
(a) Notification to Property Owners: Property owners with OSTDS that
are located in coldspots shall be notified of their existence within the
Decentralized Wastewater Utility Service Area and their ultimate
obligation under the authority of the Decentralized Wastewater Utility
to meet current state wastewater nutrient reduction standards.
(b) Prioritization of Connection to the Decentralized Wastewater Utility:
The Florida Keys Aqueduct Authority (FKAA) will prioritize active
hook-up or participation in the Decentralized Wastewater Utility.
Priority criteria shall be established upon data analysis of the affected
properties and availability of funding. The priority criteria shall be
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Page 3 of6
Marine Resources
duly published and approved by the Board of County Commissioners.
Subsequently, the FKAA will notify property owners of the
approximate time frame that they will be required to participate.
(c) Final Property Owner Notification/Application Submittal: When the
date of service availability is definitively established, the property
owner will receive final written notification of the requirement to
participate in the Decentralized Wastewater Utility and will be
provided with an application for inclusion. Application shall be
returned to the FKAA within sixty (60) days of the receipt of
notification by FKAA.
Sec. 15.5-78 Enforcement and Penalties.
(a) Prohibitions: Property owners of residential and commercial
structures located in coldspots and identified for participation in a
service area are in violation of this article if they fail to make
application with the Florida Keys Aqueduct Authority as described in
Section 15.5-77, MCC and/or fail to abandon their OSTDS according
to the standards of the Department of Health.
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Page 4 of 6
Marine Resources
(b) Penalties: Violations of this article may be prosecuted under F.S.
Chapter 162, and Chapter 6.3 Monroe County Code, or pursuant to
Chapter 76-435, Laws of Florida. The violations may also be
prosecuted in the same manner as misdemeanors are prosecuted, in
which case the violations shall be prosecuted in the name of the state
in a court having jurisdiction of misdemeanors by the prosecuting
attorney thereof and upon conviction shall be punished by a fine not to
exceed five hundred dollars ($500) or by imprisonment not to exceed
sixty (60) days or by both such fine and imprisonment. Violations
may also be prosecuted through any other lawfully available means
including civil and injunctive relief.
Section 2. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.
Section 3. All ordinances or parts of ordinances m conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and
incorporated in the code of Ordinances of Monroe County, Florida, as an addition
or amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
Section 5. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that
this ordinance has been filed with said Office.
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Page 5 of 6
Marine Resources
SectIon 6. The Clerk of the Board is hereby directed to forward a copy of
this Ordinance to Municipal Code Corporation for inCOtpOration into the Monroe
County Code of Ordinances.
PASSED AND ADOPI'ED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on the 2(1h day
of Se,ptemMr . A.D., 2001.
Mayor Neugent
Mayor Pro Tern. Williams
Commissioner McCoy
Commissioner Nelson
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIR PERSON
(SEAL)
A1TEST:
DANNY L KOLHAGE, CLERK
BY:
DEPUTY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFlCIBNCY
B~
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1"Qe6cf6
Memorandum
Deoartment of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Voice: (305) 289 2507
FAX: (305) 289 2536
Email: garrettg@maiI.state.t1.us
Board of County Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tern Nora Williams, Dist. 4
Commissioner Dixie Spehar, Dist. 1
Commissioner Sonny McCoy, Dist. 3
Commissioner Murry Nelson, Dist 5
DATE:
10 September, 2001
TO:
Monroe County Board of Commissioners
P George Garrett, Director OfMarineResourc~
Decentralized Wastewater Utility Project
FROM:
SUBJECT:
Overview
At its September 20, 2001, the Board will be asked to consider an ordinance
establishing the Florida Keys Aqueduct Authority as the decentralized wastewater
utility for provision of clustered on-site wastewater treatment and disposal systems
in Cesspool Identification and Elimination areas of the County, known collectively
as "Cold Spots." This ordinance is intended to both implement the Decentralized
Wastewater Utility Project funded under an EPA Grant and the second phase of the
County's wastewater program to upgrade permitted systems in Cold Spot areas.
This memorandum serves to provide background information to the Board on the
program that will be implemented through the proposed ordinance.
u.s. EPA Grant
In June of 1999 the Congress of the Untied States appropriated funds to
Monroe County in the amount of approximately $3.8 million dollars to assist in the
development of a decentralized wastewater utility. The funds were awarded as one
of several similar projects in recent years which are intended to advance the
technology and cost effectiveness of on-site wastewater treatment systems. Funds
provided through this program are administered by the U. S. Environmental
Protection Agency. The Board of Commissioners agreed at the outset that the
Florida Keys Aqueduct Authority (FKAA) would administer the Decentralized
Wastewater Utility Project and funds.
BCOI0951
09/10/011:11 PM
In general, the purpose of the grant to Monroe County is to accomplish two
things. First, the grant funds have been provided to assist in establishing a
Decentralized Wastewater Utility in the Cold Spot areas adopted by the Board of
County Commissioners. These are the areas which will not be improved with
local, sub-regional, or regional centralized wastewater systems. Second, the funds
have been provided to advance the technology, efficiency, and cost effectiveness of
on-site wastewater systems, particularly, the more technologically sophisticated
systems required in Monroe County.
The appropriation was provided at approximately the same time as the
County began work on the Key Largo centralized wastewater project. Requests for
Statements of Qualification (RFQ) went out in the Fall of 1999. As proposals for
the Key Largo project came in, were reviewed, and recommendations were made,
the area of North Key Largo was not included. This area had previously been
designated as a Cold Spot. Thus, the initial focus for use of the EP A Decentralized
Wastewater Utility dollars became North Key Largo. As a matter of timing, use of
the funds in North Key Largo could not be accomplished.
Proposed Pro2ram
As the Department of Health has administered the Cesspool Identification
and Elimination Program on behalf of the County, development of the
Decentralized Wastewater Utility and use of the funds has tracked elimination of
cesspools in Cold Spots. With the conclusion of the County program to eliminate
cesspools and unknown systems in the Cold Spots, it is now time to move forward
with the remaining permitted systems. These permitted systems will have to be all
upgraded by no later than July 2010.
The prevailing thought has been that the FKAA would analyze the location
of both cesspool (or unknown systems) and permitted on-site wastewater systems
and develop a program for creating clustered On-site Wastewater Systems in the
Cold Spots. Clustered systems coupled with a wastewater utility should result in
lower capital and operation and maintenance costs than single on-site wastewater
treatment and disposal systems.
The ordinance before the Commission would provide the FKAA, through
the County, with the ability to compel homeowners within Cold Spots to
participate in the Decentralized Wastewater Utility. This is analogous to the
requirement held in centralized wastewater districts to hook-up within 365 days (or
as few as 30 days in Monroe County) of system availability.
2
The FKAA will analyze the current location and status of on-site wastewater
systems in each of the several Cold Spots. FKAA staff has indicated that it will
not initially involve homeowners who have already participated in the Cesspool
Identification and Elimination Program. Having completed analysis, the FKAA
will then recommend a plan to establish a series of clustered on-site wastewater
systems. The Commission will be requested to validate the plan and its
implementation.
The FKAA will more than likely purchase property on which to construct
the clustered wastewater treatment systems and will own all off-site components of
the clustered wastewater system. These clustered systems will serve multiple
homes of from four to ten. Development of the Decentralized Wastewater Utility
will reduce individual homeowner costs for capital improvements. It will also
place the responsibility for operation and maintenance of the clustered systems on
the FKAA. This should also reduce system operation and maintenance costs to
homeowners.
Administration of the Decentralized Wastewater Utility will work much as a
regional wastewater utility does. As the FKAA determines construction, operation,
maintenance, and administration costs, specific figures will be determined for
hook-up and monthly charges. FKAA will also establish homeowner financing
options if necessary.
Fundin!!
Assistance for constructing the project will be provided by the EP A
Decentralized Wastewater Utility grant, $3.8 million dollars. In addition, staff has
determined that between $1.7 and $2.1 million dollars can be made available to
this program from remaining State grants and County funds, after completion of
the Homeowners Wastewater Assistance Grant Program administered as part of the
Cesspool Identification and Elimination Program. The use of grant and County
funds and their disbursement will require contract amendments and a
Memorandum of Agreement between the County and FKAA.
If all the EP A grant funds can be utilized for upgrading of systems, it is
estimated that sufficient federal, state, and local funding will be available for
approximately half of the projected costs of the cluster wastewater systems for the
estimated 900 systems to be upgrade throughout all the Cold Spots. The actual
amount of public funds needed will depend upon the level of financial assistance to
3
be provided property owners. [The existing Homeowners Wastewater Financial
Assistance Program pays from 62 to 84 percent of the capital costs of replaced
systems depending upon the value of the property.]
4
FLORIPA tu: 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 WAYNE MARKHAM 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)
..,})f!:O?77/a/ l g; J.ffD1
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Mop.roe 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
comDliance with ChaDter SO of the Florida
State Statutes on Leoal and Official
Advertisements.
. ('
Sworn ana
this~Day
(SEAL)
gff~(;;;;~.
"Notary jI
no. 3850100
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HERE8Y GIVEN TO
WHOM IT MAY CONCERN that
on Thursday, Septl!mber 20,
2001, at 10:30 AM at thl! Mar
athon Government Center.
2798 Overseas Highway. Mara-
thon, Monroe Counw. Florida.
thl! Board of County Commis-
sioners of Monroe County; Elori-
da, _ intends - to consider the
adoption of thl! fOllowing Coun-
tyordinance:
AN ORDINANCE AMENDING
CHAPTER 15.5, MONROe
COUNTY CODE; PROVIDING
FOR CREATION OF DECEN-
TRALIZED WASTEWATER
MANAGEMENT; PROVIDING
FOR APPLICABILITY; PROVID-
ING FOR REPLACEMENT OF
Continued on the
Next Column
MENT AND DISPOSAL SYS-
TEMS 10STDS) IN COLD
SPOTS; PROVIDING FOR FEES;
PROVIDING. FOR ENFORCE~
MENT;PROVIDING FOR SEV
ERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDI-
NANCES INCONSISTENT
HEREWITH; PROVIDING FOR
INCORPORATION INTO THE
MONROE COUNTY CODE OF
ORDINANCES; AND PROVrD_
.ING AN EFFECTIVE DA iE
Pursuant to Section 286.0105.
Florida Statutl!s..notice is given
that if a perSOA dl!cidad to ap-
pl!al any decision made by the
Board with~espect to any mat
ter considered at such hearings
Of. meetings, he win need a
f~~ f':1r ~~~hP~~~~~~~;lf.s.; ~~
need to ensure that. a verbatim
~~~~~ ~hi~~e r~:;~~~e~~Y~d~:
the testimony and evidence
upon which the appeal is to b
based.
Copies of the above-referenced
ordinance are available for re..,
view at the various public Iibrl!lr~
;es in Monroe County. Florida.
Dated at Key West, Florida. this
22nd day of August. 200 1
DANNYL. KOLHAGE
Clerk of the Circuit Court and tlx
officio Clerk of the Board of
County Commissioners.o
Monroe County. Florid
Publish September 1,8,2001.
Florida Keys Keynoter
3:: ~
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~~ BEVERL'f :RAEGEP
o~~~J;~;~~.
P.O. Box 1197. Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
personally appeared JACKL YN HARDER
who on oath, says that she is ASSOCIATE
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 LEGAL
NOTICE in said newspaper in the issue of:
No. 3334010
20.2001, at 10:30 AM at
the Marathon Govern-
ment Center. 2798 Over-
seas HighWay, Mara-
thon. Monroe County,
F~, the BoardQf
~~..r~
:=~-
th4t~'o(_'$ow-
irlfJ COUnty ordinance:
AIt~
"'~1DINGCIMPTER
15:1;iIiONROE ~N-
TVCOOE; PROVtOING
FOR CREATION OF DE-
cENtRAUZED
WASTEWATER MAN-
AGEMeNT;PROVID-
INGFORAPPLICABILI-
TV; PROVIDING FOR
REPlACEMENT OF
ONSffE8eWAGE
TREATMENT AND DIS-
POSAL SYSTEMS
(OSTDS) tNCOLD
SPOTS; PROVIDING
FOR FEE,; PROVIDING
FORENPORCEIlENT;
PROVIDING FoRSEV-
ERASILITY;PROVID-
ING FOR THE REPEAl.
OF Al..LOIUNNANCES
INCONSISTENT HERE-
WITH; PROVIDING FOR
INCORPORATION
INTOTtEIIONROE
COUNTY CODE OF OR-
DINANCES: AND PRO-
VlDlRGANEFFECTlVE
DATE
Aug. 30th & Sept. 6th, 2001
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 Advertisem nts.
~an.t!O_~n
)j~
if;
v: ../)
28ti.U100. J-1Dna8
S&atutes. notice ill giVlIn
that If a person decided to
appeal any decision
made by the Board with
respect to any matter
considered at such hear-
ingSormeetings, hewUI
......Il8GQIdGf.....
oil...... Met.... far
..~~ ...~
....'.......... wr-
l'lilIIIM.............. :
c..lIngs ill",.... which
record includes the testi-
mony and evidence upon
which the appeal is to be
based.
Copies of the above-ref-
erenced ordinance are
available for review at the
various public libraries in
Monroe County, Florida.
Dated at Key West, Flori-
da, this 22nd day of Au-
gust, 2001
DANNYL. KOLHAGE,
Clerk of the Circuit Cour-
tand ex officio Clerk of
the Board of County
Commissioners of Mon-
roe County. Florida
Publish: 08130 &
09I06I01
The Reporter
Tavernier, FL 33070
fLORIPA MJ:rJ
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM 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)
~;;~/tv/; %; dcm/
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
comoliance with Chapter 50 of the Florida
State Statutes on Leoal and Official
Advertisements.
I
Sworn to and s
this~Day 0 , 2001
(SEAL)
~~ifj~ .
no. 3843300
NOTICE-OF INTENTION TO
CONSIDER ADOPTION OF
COUNTYOROINANCE
NOTICE IS HERE8Y GIVEN TO
WHOM IT MAY CONCERN that
2oo1~~s~~Y30~~t:~~: ~: .
athon' Government Center,
2798 Ov~rs~as Highway. Mara-
thon, Monro~ County, Florida.
th~ Board of County Commis-
sioners of Monroe County, Flori-
da, intends to consider the
adoption of the following Coun-
ty ordinance:. _ .
AN ORDINANCE RELATING TO
THE PROVISION OF WATER
AND wASTEWATER - SER-
VICES. FACILITIES, AND PRO-
GRAMS BY THE. FLORIDA
KEYS AQUEDUCT AUTHORITY
IN MONROE COUNTY, FLORI-
DA; REQUIRING CONNECTION
TO FLORIDA KEYS AOUEDUCT ,
WASTEWATER FACILITIES
WHEN AVAILABLE: PROVID-
ING FOR DEFINITION.OF "ON-
SITE SEWAGE TREATMENT
DISPOSAL SYSTEMS" AND
OTHER DEFINITIONS: PROVID-
ING FOR WASTEWATER FA-
CILITIES USE AND PRETREAT-
MENT OF WASTEWATER;
PROVIDING FQR ENFORCE-
MENT; PROVIDING FOR SEV-
ERABILITY; AND PROVIDING
Continued on-the
Next Column
Pursuant to Section 286.0105,1
Florida Statutes, notictlis ,given;'
that if a person decided to ap-
peal any decision made by the
Board with respect to. any mat-
ter considered at' suCh hearings
or meetings, t)e will need 8 re-
cord of the proceedings. and
~~ ~~r eSnu;~.,PW;~~~\':;b~WZ
~:~~ ~hib~e r~:~~~Y~d~:
the testimony and evidence
upon which the appeal is to be
based.
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view at the various publiq Iibrar-
I ies in Monroe County, .F1orida.
Oated at Kay WeJt. Florida. this
22nd day of AUg~st. 200 1
DANNY LKOlHAGE
Clerk of the Circuit Court and ex
officio Clerk of .the Board of
County Commi,sioners 0
.Monroe County. Florid
Publish September 1. 8, 2001.
Florida Keys. Keynoter
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P.O. Box 1197 · Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
No. 3327800, Water
NOTICE OF INTENTION
TO poNSIDERAOOP-
TIONOFCOUNTV OR-
DINANCE
NOTICE !SHERRY
. GIVEN TO WHOM IT
MAY CONCERN that on
Wednesday, ........r
20,2001, at fo:30AM at
the MarathOn Govern-
ment CentW, 2798Over-
seas HighWay,Ma~ .
. thon. MonrOlI County.. .
Florida. the'Boardof
eountyCommisaioners
of Monroe County. Flori-
da, intendstoCOl16ider
the""" of llifl'lNI
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PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
personally appeared JACKL YN HARDER
who on oath, says that she is ASSOCIATE
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 LEGAL
NOTICE in said newspaper in the issue of:
~-Ir
M~JCE"" '
LA.....lO'-PIIO-
VIIIOII OF_,..
ANoWABTEWATER
SERVICES, FACIU-
TIES, AND PROGRAMs
BY THE FLORIDA
KEYS AQueDUCT AU-
THORlTVIN MONROE
COUNty, FLORIDA'
REQUIRING CONNEc-
TION TO f'LORJDA.
KEYS AQUEDUCT
WASTEWATERFACIL_
ITJESWMEN AVAIL-
ABLE; PROVIDING
FOR DEFINITION OF
"ONSITESEWAGE
TREATMENTDISPdlI.
AL SYSTEMS'~AND .
OTHER~.
PROVIbINGFOR '
WASTEWATERFAcJt._
ITIESUSE AND PRE- .
TREATMENT OF
WASTEWATER; PRO- .
VlDlNGFORI!N_
FORCEMENT; PROVID.
ING FOR S~VERA8lLI_
TV; ANDPROVIDING
AN EFFECnvEDATE
Pursuant to Section
286.0105. Florida
S~tes, notice is given
thIIt if aP8i'8On$cided to
...... My ~"~.~ij..~
~by"'~WI' .
W1. .-.,..... ..
.U..4iiui...,.._
l....or~.IIIL..ihe ..
need 8111COrd of the pr0.-
ceedings, and that, for
~PUI'p08e. he may
ne~ to ensure that a ver-
batim record of the pro-
ceedin~s is made, which
record includes the testi-
m~nyandev~enceupon
which the appeal is to be
based.
Aug. 30th & Sept. 6th, 2001
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 Advertisemen
(A ~
~~~~ '
Notary
Copies of the abQve-ref-
~ced ordinance are
ih/1!ilab~ for review at the
vanous pubficlibraries in
Monroe County, Florida.
Dated at Key West Flori-
.da, this 22nd dayof Au-
gust, 2001
DaNNY L. KOLHAGE.
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3420 Northside Drive
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ITIZEN
Key West Fl. 33040
Office 305-294-664:1. 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, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
=t,_b~e~a~~
In the Court, was published in said newspaper in the issues' of
Our ..3/cb ~ 7/2DOI
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, Florida each 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 o~
the attached copy of advertisement; and affiant further says that he has neithea,ai:sf no~
promised any person, firm or corporation any discount, rebate, commission or ~Pt~ foo
the purpose of securing this advertisement for publication in the said newspap~;":: ~
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Type of Identification Produced
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NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY 'oRDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Thursday, September 20, 2001, at
10:30 AM at the Marathon Govern-
ment Center, 2798 Overseas High-
way, Marathon, Monroe County,
Florida, the Board of County Com-
missioners of Monroe County, Flori-
da, intends to consider the adoption
of the following County ord.inance:
AN ORDINANCE RELATING TO
THE PROVISION OF WATER AND
WASTEWATER SERVICES, FA.
CILlTIES, AND PROGRAMS BY
THE FLORIDA KEYS AQUEDUCT
AUtHORITY IN MONROE COUN.
TY. FLORIDA; REQUIRING CON-
NECTION TO FLORIDA KEYS
AQUEDUCT WASTEWATER FA.
CILlTIES WHEN AVAILABLE;
PROVIDING FOR DEFINITION OF
"ON SITE SEWAGE TREATMENT
DISPOSAL SYSTEMS" AND OTH-
ER DEFINITIONS; PROVIDING
FOR WASTEWATER FACILITIES
USE AND PRETREATMENT OF
WASTEWATER; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE
Pursuant to Section 286.0105, Flori-
da Statutes, notice is given that if a
person decided to appeal. any deci-
siop. made bV .the.6oard with respect
to . any matter. considered at such
hearings or meetings, 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 ordi-
napce are available for review at the
various public libraries. in Monroe
County, Florida.
Dated at Key West, Florida, this
22nd day of August, 2001.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex-officio Clerk of
the Board of County Commissioners
of Monroe County, Florida.
August 31 & September 7,2001
8~3
3420 Northside Drive
KE)\JWEST
ITIZEN
Key West Fl.
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, who on oath
says that he is director of the Advertising Department ofthe Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
advertis~ment, being a legal notice in the 9l,atter of
~ - tlu-~ .j//~ 7YzrJ
In the _ Court, was published in said newspaper in the issues' of
()~ 31 ~ ~ '7/ cOOl
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, Florida each 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 PUblic~ation in th~e said new_spapeTt~ :
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Expires: July 23. 2004
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Type of Identification Produced
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NOTICE OF INTENTION TO
CONSIDER ADOPTIOIII OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, September 20, 2001, at
10:30 AM at the Marathon Govern-
ment Center, 2798 Overseas High-
way, Marathon, Monroe County,
Florida, the Board of County Com-
missioners of Monroe County, Flori-
da, intends to consider the adoption
of the following County ordinance:
AN ORDINANCE AMENDING
CHAPTER 15.5, MONROE COUN-
TY CODE; PROVIDING FOR CRE-
ATION OF DECENTRALIZED
WASTEWATER MANAGEMENT;
PROVIDING FOR APPLICABILITY;
PROVIDING FOR REPLACeMENT
OF ONSITE SEWAGE TREAT-
MENT AND DISPOSAL SYSTEMS
(OSTDS) IN COLD SPOTS; PRO-
VIDING FOR FEES; PROVIDING
FOR ENFORCEMENT; PROVIDING
FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDI-
NANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPO-
RATION INTO THE MONROE
COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE
DATE
Pursuant to Section 286.0105, Flori-
da Statutes, notice is given that if a
person decided to appeal any deci-
sion made by the Board with respect
to any matter considered at such
hearings or meetings,. 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 ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this
22nd day of August, 2001.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex-officio Clerk of
the Board of County Commissioners
of Monroe County, Florida.
August 31 & September 7, .2001.__
,.. .",,,,,....,.-..,,""",--''''''''''-
3420 Northside Dr,ive
KE~EST
ITIZEN
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, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, being a legal notice in the matter of
{jJUiVlUl/KAV - ~
In the
~al/2001
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and thai the said newspaper has heretofore been
continuously published in said Monroe County, Florida each 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 PUbli~jj_~spaper.
Signature of Affiant
Court, was published in said newspaper in the issues' of
0 \D ~~ and subscribed before me this ~~
0:: N (p day of ,2001
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NOTICE OF IHTEN110N TO
CONSIDI!R AIIOP1'IONOF
COUNTY ORDINANCE
NOTICE IS HEREBY. GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, September 20, 2001, at
10:30 AM at the Marathon Govem-
ment Center, 2798 Overseas High-
way, Marathon, Monroe County,
Florida, the ~oard of 'County Com-
missioners of Monroe .County, Flori-
da, intends to consider the adoption
of the following County ordinance: :
AN ORDINANCE AMENDING
CHAPTER 15.5, MONROE COUN-
TY CODE; PROVIDING FOR CRE-
ATION OF DECENTRALIZED
WASTEWATER MANAGEMENT;
PROVIDING FOR APPLICABILITY;
PROVIDING FOR REPLACEMENT
OFONSITESEWAGETREA~
MENT AND DISPOSAL SYSTEMS
(OSTDS) IN COLD SPOTS; PRO-
VIDING FOR FEES; PROVIDING
FOR ENFORCEMENT; PROVIDING
FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDI-
NANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPO-
RATION INTO THE MONROE
COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE
DATE
Pursuant to Section 286.0105, flori-
da Statutes, notice is given that if a
person decided to appeal any deci-
sion made by the Board with respect
to any matter. considered at such .
hearings or meetings, 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 ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this
22nd day of August, 2001.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex-officio Clerk of
the Board of County CommissiOners
of Monroe County, Florida.
August 31 & September 7,2001
KEYJWEST
IT IZEN
Office 305-294-6641 Fax 30S-:294-076B
3420 Northside Dr,ive
Key West Fl.
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, being a legal notice in the matter of
tM~- .2JilLvv
In the
O-_uF 3/ I Zool
Court, was published in said newspaper in the issues' of
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Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and thai the said newspaper has heretofore been
continuously published in said Monroe County, Florida each 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 in the said newspaper.
~>
. Signature of Affiant
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NOTICE OF IN1'ItNTION TO
CONfUDeR AOOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Thursday, September 20, 2001, at
10:30 . AM at the Marathon Govem-
ment. Center, 2798 Overseas High- ,
way, Marathon, Monroe County,
Florida, the Board. of County Com-
missioners of Monroe County, Flori-
~ehds to consider the adoption
of the following County ordinance:
AN' ORDINANCE RELATING TO
THE PROVISION OF WATER AND
WASTEWATER SERVICES,FA-
CILITIES, AND PROGRAMS BY
THE FLORIDA KEYS AQUEDUCT
AUTHORITY IN MONROE COUN-
TY, FLORIDA; REQUIRING CON- ,
NECTION TO FLORIDA KEYS .
AQUEDUCt WASTEWATER FA-
CILITIES WHEN AVAILABLE;
PROVIDING FOR DEFINITION OF
"ONSIT-=S~AGE TREATMENT
DISPOSA(.IYSTEMS" AND OTH-
ER DEFINITIONS; PROVIDING
FOR WASTEWATER FACILITIES
USE AND PRETREATMENT OF
WASTEWATER; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE
-
Pursuant to Section 286.0105, Flori-
da Statutes, notice Is given that if a
person decided. to . appeal any deci-
sion made by the Board with resPect
to'. any matter considered at such
hearings or meetings,. he wUl 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 ordi-
nance are .available for review at the
various public libraries in. Monroe'
County, Florida.
Dated at Key West, Florida, this
22nd day of August, 2001.
DANNY L. KOLHAGE, Clerk of the
Circuit eou.....~ Q8rk of
the Board of County Commissioners
. of MonlOlleo....." Aorida.
August 31 & September 7, 2001