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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 BCOI0931.doc 08/28/016:03 PM 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. BCOI0931.doc 08/28/01 6:03 PM 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 Beo 1 0931.doc 08/28/01 6:03 PM 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. BCOI093I.doc 08/28/01 6:03 PM 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. BCOI093 I.doc 08/28/01 6:03 PM 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~ BCOI093l.doc OllI28IUl 6:03 PM 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:: ~ = .." <:) 0 = - 2: ~> r- 2:n?; 0 rrt C"") I"'; ::: -t 0 ("). ("- .." Cl n . 0 0 c:: ::0 ~~ :::0 2:. 0 -j r- " :::0 :<~:x: :x ,." ';b- C"') "Tl C) .r:- ~ rr1 0 0 :::0 0 0 ~~ ~~ 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. ;,~~e:~ t~ "~~r:::,~~~ 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 ::::r o CJ ~ ?": 0("")..... ".. r- :>: .. ';r."" ("") . ,-. o C") . ~:ij;;J1;; . 0 -lC")r- :-<:-1::: ...,,' p r- C') :z,.. ,." a C> I'.,,) ~ ~ - .." ;== I"1"J o .." o ::0 ::0 rrr ("') o ::0 o o .., --l o -0 :J: .r:- 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 ,r"'~r:r'~r' 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. 3:: o Z :t>- ~p~~ ....._'" (""). Oe; . ~?5E :< ~~ ~ .,,' :P- I (,:;' ?> rr: /::) ~ r--:>> <= <= "TJ r ,." o "TJ o ::::0 ::::0 P'l C"') o ::0 o o CJ -4 o " :x .c- ,:::;) ;103 3420 Northside Drive K E)ijW EST 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~;":: ~ !?d~'8~: 0 ~_. :::0 :::0: -I' 0 -0 ,o~ ::z: . . . -Ip Signature of Affiant ;:'J C") .r::- > ", 0 N Sworn and subscribed before me this /q day of ~.v ,2001 ~~hIiC Expires: July 23. 2004 Personally Known x Produced Identification Type of Identification Produced \\,;\\\11" II/Itllll. .~",\ \()~ lhomqS ~II;,I;. .;:..... ,,) ........ ~~ ~,~~~\SSION .:=>. .~;. ~ . .--.~. O~2tJ~i~. ~ ~ N~~~eat ~m.. ~ ~* f'E .o~ <P ~*f ~.z, ~ #CC956515 : 0'.. ~v e. '. .~ :R:"if; ~ ~ e. ~ ~'1l.io[~\l\t'.{ ."~ .. C)"..~..: ~ .~r ... 'Yf~!lH~,'$'..l.,':4'~".~_<<,::~~~:t-, -:""'J;us;'ic 'ST~\\\~~~'~: ""'11 i /lI1\\\\" .." r ,." o .." C) :::0 :::0 ,." ("') o :::0 o 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~ : c_, r- "'- --I 1'T1;x.....; I n- r-.... . sr. C> ignature of Affiant ~ ~=o;: ~. P -0 :-< ~ :x: ::t: Ao ,,-/;:: A_ _ 4... . .." ';e.. .r:- Sworn and subscribed before me this /q day of ~m_<;'<...., ;; , %0 1 ~ ~~ Ignature of Notary PublIc Expires: July 23. 2004 Personally Known x Produced Identification Type of Identification Produced \\\\\\\111 "'''''1 ~'\\\o'l \homas IIII/~ ~. -> ....:....... ~ $,',\-\\-\'0::.10:' (f.c:-'. ~ ~ . CJCi -." ~3, ':0(\1 .'$; ". ~ - . -...... '::.>;;j lP 8 _ - . -- . * - ~ :.1"-J ot.ity"Seal: ~: -*. . - ~~. #CC956515 .: t';~ ~~.. 80 ~ :8:-" ~ /:.. 1; ~ndeo'<<'ll~'0-r3>..V'v.-- ~ 1'.-91_ -.:OY"aln.\f;S",'..- ~ " <_'., ~.1 rp: .."...a. ~C),<~;:- ''''111 VBLle, s\f\~ \,,'." IIUIIIII!lI'\b\ - " .- I"T1 o " C> ;0 :;:u Pl ("") C> ;0 o 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 .. 0 - <C..,.: _ (,.) I.J.J x: xu>- -' .- 0:::: cs:: o '% Chig~ryPUbliC ~~:;) 0:: N .uo 0 ....J .U lL.. >-::&:t.aJ 0- %-'0 0 W zUcx: w en <C :z; .-I o 0 - c::;:) :t: lL.. c::;:) ~ Expires: July 23, 2004 Personally Known x Produced Identification Type of Identification Produced \",\\\1118/1111111. ~"" ~cN 'Thomas 'III/.. ,ff' "........... ':.;..1": ~,.~,,\\SSION e:--/;'. "%- t ...~,ta~~.... ~ ; ,* : -- ~ 4)',~ : * ~ ~ 1;, ". #CC956515 .: ('$: ::"0.. :{ii.'''' ~ /-.. !knded"'\~ ~ .. C5 ;:,:' .~ --9'1>f- ..~toYFaifl.\\'\SIj'3.~!}9<_(<,<~,: ~/ ;O&: ........ 'i:. C), _.~~ "'II. BUe, 811\\ ,\\\\,' . ""1"1111\\\' 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 o c::r:: C> u w c::r:: a:: C> u.. o W -J u.. 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 I,./:) N l.LJ -i. (.,:, -' c:( ...... ::c.....,..: ...1(..)1- o 'z x:~:;" .uo ;S~ and subscribed before me this to z...lo ZUa::: c:( z o 0 x: ,2001 ::I: ex: N day of ~ 0- W en c::;l c::;l c:-..I 9n;; ~NOtary Public Expires: July 23. 2004 Personally Known x Produced Identification Type of Identification Produced ,,\\\11" """1/, \\ "-ho 'II/. ,."" \O~ 1 mils I';/.. .;::~ ".......... jII'~ ~ y,,,~\SSIOlV <:-:. ~ ...... ,.; <::::/" (..~...o . ~ ~ ..~()~ ?3! 200 ~ s.. ~ _ .;.... "::J"'::> - 57 ~. - ~* i <~oUtI~ Sdlq*~ ~ -Z: ~. #CC956515 .: ~- -. '~0.. ..~.~ .;: -?', 1; ~ded~1'l .. C5 ". ~~. '..'1>rFam-IOS\llaf..<_<<,:;: '/.- ,.0(;,'8........ c:. C), ,'I;i "'f' lie 511\.\'- \\,,:,,' ""1/1, '''11\\\\\' 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