Item U2M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
November 14, 2017
Agenda Item Number: U2
Agenda Item Summary #3324
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453 -8727
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County
Board of County Commissioners amending Monroe County Code Section 122 -4, "Standards For
Issuance Of Building Permits In Areas Of Special Flood Hazard "; providing for severability;
providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning
Agency and the Secretary of State; providing for inclusion in the Monroe County Code; providing
for an effective date.
ITEM BACKGROUND:
The proposed amendment would remove the 300 square feet maximum for nonresidential new
construction and substantial improvements of nonresidential principal structures, as well as
nonresidential accessory structures. Developers of these types of structures have requested and
received variances to the 300 square feet maximum from the BOCC, provided they meet the required
conditions and relevant factors considered in Code Section 122 -5 "Variances to the floodplain
management requirements."
There have been 12 variance applications since 1998 and of those, 10 were for nonresidential
storage /parking areas exceeding 300 SF. Staff recommended approval for all 10 because the
proposed use and construction complied with the regulations governing storage and parking
enclosures in special flood hazard areas and because all of the applications were in compliance with
Code Section 122 -5 "Variances to the floodplain management requirements." A document "FDPO
Variances — 2001 to Present" which includes this variance information is attached.
Further, nonresidential development is permitted to floodproof their structures, as opposed to
residential structures which are not.
The County has not had issues with nonresidential enclosures becoming living area and certain non
residential development, such as fire stations; public garages; and airport development need ground
level enclosed storage and parking areas.
FEMA has no recommended limits to non - residential storage square footages and this was not a
policy required in the FEMA remedial plan developed after FEMA initiated a Pilot Program in the
Florida Keys whereby residential enclosures were required to have inspections to determine whether
they were illegal.
The maximum of 299 square feet of enclosed area below the base flood elevation for residential
construction is not being amended.
The proposed amendment also addresses a scrivener's error in Section 122- 4(b)(4)b.3. whereby
section 122 -3(b) is being corrected to 122 -3(c), which states the details of driven pilings for building
foundations. Both sections are shown here.
(b) Except for work specifically exempted under chapter 6, the building official shall
require building permits /fZoodplain development permits for all proposed construction
or other improvements within areas of special flood hazard. In addition to the standard
requirements for a building permit, an application for a building permit for
construction or improvements within areas of special flood hazard shall contain the
information and certifications set forth in a form provided by the building official.
(c) All building foundations shall rest directly on natural rock, on concrete piling driven to
rock or on friction piling (concrete or wood) and shall be anchored to such rock
support by holes, 16 inches in minimum diameter, augured into such rock a minimum
depth of three feet and reinforced by a minimum of four #5 vertical rods extending up
into the piers above a minimum of 18 inches and tied to the vertical steel of the pier.
Wooden pilings shall be locked into 16 -inch auger foundations by at least a #5 rebar
extending through the piling and three to five inches beyond.
The Planning Commission recommended approval of this item to the BOCC on April 26, 2017
through Planning Commission Resolution P13 -17.
PREVIOUS RELEVANT BOCC ACTION:
On February 16, 1988 the BOCC approved Ordinance No. 014 -1988 adding language allowing for
nonresidential accessory structures at grade elevation provided they "do not exceed one hundred
twenty -five square feet (125 sq. ft.) of enclosed area and which does not exceed $3,000.00 in value."
On June 6, 1989, the BOCC approved Ordinance No. 015 -1989 which amended the language to
allow for nonresidential accessory structures at grade elevation provided they "do not exceed three
hundred (300) square feet of enclosed area and which does not exceed five thousand dollars
($5,000.00) in value."
On January 18, 1994, the BOCC approved Ordinance No. 002 -1994 which added Section 9.5-
317(B)(3)(b) to address nonresidential accessory structures independently of (principal)
nonresidential structures. The size and value remained unchanged at not to exceed 300 square feet
and not exceeding $5,000.00 in value.
On July 26, 2000, the BOCC approved Ordinance 039 -2000 which removed the "not to exceed"
value on nonresidential construction constructed below the base flood level.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FDPO Variances - 2001 to Present - Summary
Ordinance amending Section 122 Flood 300non -res sf
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Mayte Santamaria
Completed
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Assistant County Administrator Christine Hurley
10/30/2017 3:55 PM
Ed Koconis
Skipped
Mayte Santamaria
Completed
10/27/2017 5:23 PM
10/30/2017 8:00 AM
10/30/2017 9:05 AM
10/27/2017 10:20 AM
10/27/2017 10:20 AM
Completed
10/30/2017 5:50 PM
10/30/2017 5:50 PM
Kathy Peters Completed 10/30/2017 5:54 PM
Board of County Commissioners Pending 11/14/2017 9:00 AM
November 28, 2016
FLOOD DAMAGE PREVENTION ORDINANCE
SUMMARY OF VARIANCE REQUESTS
2001 TO PRESENT
Summary Table below
Files for all variances to the Flood Damage Prevention Ordinance since 2001 have been reviewed.
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Summary Table
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'.Pack ®t Pg'. 1649
Flood
Saft of
Date of
Nam f
�Ti�ni " alit
Twe of
N t m of
Zone (at
(Prop d)
' fj'
Date of Final
ion
Submiss
Variance
S[reetAddress
U
Variance Rerjeest
'time g('
Building l
Flaodproafi g
Recommendation
Acti °n
Actin
Request
. req-0
'. Enclosure
Breakaway walls and
Recommended
"Marathon
3491 South
Non-
otherwise consistent with
Approval on
1/29/1998
Airport 2002"
Roosevelt Blvd
Key West
Residential
Size only
VE 10
2,316.50
FDPO in effect at time
3/11/1998
Approval
3/11/1998
Flood vents will be
installed, and will
otherwise be made
consistent with Florida
Non-
Building Codes and
" Toppino"
Residential
Monroe County
Recommended
[Rockland
125 Toppino
Rockland key
(Accessory
Floodplain Management
Approval on
2/26/2001
Recycling]
Industrial Drive
(Key West
Structure
Size only
AE10
2,000
Standards
3/23/2001
Approval
4/19/2001
South Conch
Ave - Lot 15 -
Commercial
Constructed resist
"Horacheck,
Fishing Special
flotation, lateral
Recommended
Thomas
District (CFSD-
Non-
movement, etc. as required
Approval on
8/15/2001
Variance"
16 )
Conch Key
Residential
Size only
AE10
335
by ordinance
8/20/2002
Approval
9/18/2002
7/29/2003 letter suggested
flood proof g of the
Non-
bathroom area (located in
"Key West
Residential
55,608 [across
AE Zone), and breakaway
Recommended
Airport
3491 South
(Accessory
several
walls for the adjacent
Approval on either
6/18/2003
Variance"
Roosevelt Blvd
Key West
Structure )
Size only
VE11
buildings]
hang.
7/24 or 7/7 2003
Approval
8/20/2003
Flood vents will be
installed, and will
otherwise be made
consistent with Florida
Non-
Building Codes and
Residential
Monroe County
Recommended
'Marathon
9400 Overseas
(Accessory
Floodplain Management
Approval on
4/28/2005
Airport 2005''
Hgl-vay Highway
Marathon
Structure )
Si only
AE6 -7
11,800
Standards
8 /mc /2005
Approval
9/28/2005
Structure designed as
"open ended" to have no
Non-
garage doors for delivery
Residential
truck drive through. All
Recommended
"Overseas
30500 Overseas
(Accessory
lumber /supplies to be
Approval on
10/3/2005
Lumber"
Hgh-ay High—ay
Big Pine Key
Structure )
Size only
AE8
3,852
stored above BFE.
11/10/2005
Approval
12/21/2005
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"Vantage
Breakaway walls and
Recommended
Property
21460 Overseas
Non-
otherwise consistent with
Approval on
1/7/2007
Variance"
Hi hwa
Cudoe Ke
Residential
Size onl
VEH
6,842
subsection 9.5 -317
1/19/2007
Approval
3/21/2007
Flood vents will be
installed, and will
otherwise be made
consistent with Florida
Building Codes and
"Key West
144,576
Monroe County
Recommended
Harbor
6000 Peninsula
Non-
[across three
Floodplain Management
Approval on
10/2/2007
Variance"
Ave
Stock Island
Residential
Size only
AE9 -10
buildings]
Standards
12/21/2007
Approval
1/6/2008
Flood vents will be
installed, and will
otherwise be made
consistent with Florida
Non-
Building Codes and
"Racquet
Residential
Monroe County
Recommended
Club at
212 Anchor
Key Largo
(Accessory
Floodplain Management
Approval on
4/28/2008
Ocean Reef'
Drive
Ocean Reef
Structure
Size only
AE9
600
Standards
5/6/2008
Approval
5/21/2008
Use (Habitation);
"Brown
Non - Conforming
Family
23048 Sailfish
Uses and
Recommended
6/21/2010
Variance"
Lane
Cudoe Key
Residential
Construction
AE9
672
None
Denial on 8/23/2010
Approval
9/10/2010
Use (Habitation);
Non - Conforming
VE8 in
Uses and
1987;
Construction;
VEH as of
"Kuhnke
9 Aqua Marine
Big Coppitt
After -the -Fact
2013 (final
Recommended
6/22/2012
Variance"
Drive
Key
Residential
Permits
actin)
1427
None
Denial on 11/2/2012
Denial
1/16/2013
Flood vents will be
installed, and will
otherwise be made
consistent with Florida
Non-
Building Codes and
Residential
Monroe County
Recommended
"Marathon
9400 Overseas
(Accessory
20400 [acr
Floodplain Management
Approval on
6/20/2013
Airport 2014"
I3ighway
Marathon
Structure)
Size only
AE6 -7
two buildings]
Standards
1/22/2014
Approval
2/19/2014
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Notes and Comments
1. Marathon Airport (1998/2002 — [Variance File is described as "Monroe County Airport" but
appears to pertain to the Key West Airport. - Also, typical "Staff Report" is not present, nor is an
signed affidavit attached] The Community Services Division (Peter Horton) requested a variance to
allow the enclosure of the area beneath a new Fire Rescue Station at the Key West Airport to house
emergency equipment and apparatus. No sqft amount was provided in the file; figure in table was
estimated from floor plan. Finally, Cover /Control sheet suggests "Approval or Denial Date" of
1/17/2002; nothing in variance files postdates 3/26/1998. There may be more to the story.
2. Topping /Rockland Recycling (2001 — Installation of a Quonset but on the property to protect
construction debris /recycled materials from rain - caused leachate generated by certain materials. One
thing not apparently addressed here is why would /could the materials be stored at grade elevation?
With the appropriate flood venting, floodwater would still inundate the recycled materials, resulting in
leachate. So should this have been a variance to both size and "use "?
3. Horacheck, Thomas (2001) — Construction of an enclosure /garage beneath a commercial fishing
related non - residential building. Only seeking a 35sgft increase; stated purpose was "parking." There is
a mention of the variance being to "size only." Appears to have gotten caught up in the NROGO
situation as evidenced by a preliminary denial of the request to permit the enclosure on 9/5/2001.
Was later approved, along with requirement for filing of Flood Insurance - related affidavit. The
"300sgft or less unless flood - proofed" language apparently applied at this time.
4. Key West Airport (2003 — Monroe County Airport Services sought to build a series of hangars for
parking aircraft and related vehicles. All would be built to V zone standards according to FEMA and
Monroe County code.
5. Marathon Airport (2005) — Another airport storage /accessory structure. Very similar to the other
airport variance requests in the AE Zone. The building is presented as a single 11,800 sqft structure,
although it apparently consists of several separate hangars. Interestingly, a letter from the NFIP
noticing "changes to your local flood insurance policy ", advising the party in receipt that its building
was flagged and being in violation, and directing the reader to contact the community to arrange an
inspection was included in the variance file.
6. Overseas Lumber (2005) — Request to build a free - standing "open- ended" structure to store lumber
and related supplies. All materials required to be stored above BFE on rack system. Variance file did
include materials from a previous variance request from 1987 for a 1,000 sqft addition to the existing
office /retail structure (at grade). This variance was also approved.
7. Vantage Property (2007) — Construction of a new non - residential office building. Developers desired
a walled -in enclosure for parking only. Staff Report makes multiple mentions that the variance is to
"size only" and not to (presumably) the use of the enclosure. The distinction to be drawn wasn't clear
to me as I reviewed this file relative to the others. Same issue with Horacheck (2001).
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8. Key West Harbor (2007 — Variance request to construct three detached boat storage buildings on
Stock Island; however these building were apparently not approved for storing boats at the ground
level. Apparently boat storage racks will be placed inside the buildings. Interesting to note that the
developer originally proposed grade level storage and wet flood - proofing. That aspect was presumably
worked through and denied.
9. Racquet Club at Ocean Reef (2008 — Request to build a 600 sqft storage shed for equipment (lawn
maintenance and equipment/ supplies) in the AE9' Zone at Ocean Reef s Racquet Club.
Straightforward, no real issues presented.
10. Brown Family (2010 — An originally permitted downstairs enclosure (1981 - not for habitation) for a
recreation room and a bathroom was converted for habitational uses by the Brown family when their
son became paralyzed. At some point it was discovered that the enclosure was being used for these
purposes, and the property was inspected in 2008. That report mandated several remedial actions
required to bring the enclosure to the original limits permitted. The Brown family sought a variance to
continue using the area, as -is, for their son. Staff recommended denial based on the FEMA Guidelines
stating that personal /physical hardship cannot be considered. The BOCC elected to approve the
request, noting that the inability of municipalities to consider physical hardship was merely a FEMA
"guideline ". FEMA responded with a mildly threatening letter, but no punitive action was introduced
as a result, at least as evidenced by the project file.
11. Kuhnke Family (2012 — Owners built a single family residence in 1978 with no permitted lower
enclosure; sometime between then and 2011 an un- permitted, fully furnished lower enclosure was
built in violation of a multitude of Monroe County ordinance sections. In 2011 the structure was
marked for a Flood Insurance Inspection, where the violations were noted. The owner sought a
variance on use, as well as after - the -fact permits for non - permitted work, due to personal hardship. All
denied. No information on any enforcement actions
12. Marathon Airport (2014) — Another airport storage /accessory structure. Very similar to the other
airport variance requests in the AE Zone. There appears to have been question about the siting of a
bathroom in the AE6 versus AE7 area, but otherwise pretty straightforward. Of note: I could find no
evidence of the BOCC approving the request, but there is a signed affidavit included in the variance
file, leading me to believe it was approved (recorded on 4/17/16).
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2017
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 122 -4, "STANDARDS FOR
ISSUANCE OF BUILDING PERMITS IN AREAS OF
SPECIAL FLOOD HAZARD "; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR INCLUSION IN THE MONROE
COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Monroe County Code currently limits the size of enclosed areas below an
elevated structure at grade for nonresidential, commercial or industrial uses for limited storage or
parking to 300 square feet; and
WHEREAS, applications for structures exceeding 300 square feet have been applied for
and received variances to this regulation from the BOCC, provided they meet the required
conditions and relevant factors considered in Section 122 -5 "Variances to the floodplain
management requirements;" and
WHEREAS, the removal of the 300 square foot maximum size of these nonresidential
structures would serve to expedite these permit applications provided that they meet all (other)
standards for the issuance of building permits in areas of special flood hazard;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Monroe County Land Development Code is amended as follows:
Deletions are stricken thretTh and additions are underlined
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Page 1 of 5
Sec. 122 -4 Standards for issuance of building permits in areas of special flood hazard.
(b) Additional standards. In all areas of special flood hazard where base flood elevation data
has been provided the following provisions are required:
(2) Nonresidential construction.
a. New construction and substantial improvements of any commercial,
industrial or other nonresidential structures within zone AE on the
community's flood insurance rate map (FIRM) shall have the lowest floor
(including basement) elevated to or above the base flood level or, together
with attendant utility and sanitary facilities, be designed so that below the
base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy. Elevating above base flood elevation may decrease
the cost of flood insurance. Where a nonresidential structure is intended
to be made watertight below the base flood level, a registered professional
engineer or architect shall develop and /or review structural design
specifications and plans for the construction and shall certify that the
design and methods of construction are in accordance with accepted
standards of practice for meeting the applicable provisions contained
herein. A record of such floodproofing certification which shall include
the specific elevation (in relation to mean sea level) to which structures are
floodproofed shall be provided to the building department. Wet
floodproofing is not acceptable. New construction or cumulative
substantial improvements of any commercial, industrial or other
nonresidential structures within zones VI-30, VE or V shall have the
bottom of the lowest horizontal structural member of the lowest floor,
elevated to or above the base flood elevation.
b. Enclosed areas below an elevated structure at grade elevation for
nonresidential, commercial or industrial uses shall be permitted for limited
storage or parking purposes, provided that they are anchored to prevent
flotation, collapse or lateral movement of the structure an d do not &Eeee
300 squafe feet of enelesed area and are in accordance with the
requirements of subsection 122 -4 (b)(5)g. of this section for V zones or
subsections 122 -4 (b)(1)dA (b)(1)d.8. of this section for A zones. Plans
for such structure shall be submitted to the building official for approval
prior to construction.
(3) Accessory structures.
Page 2 of 5
a. Residential accessory structures.
1. Any prefabricated light metal structure, which meets the following
criteria, may be permitted in an A or V zones--if:
(1) The enclosed area is 150 square feet or less;
(ii) The use is limited to limited storage; and
(iii) The structure is properly anchored to prevent flotation,
collapse, and lateral movement.
2. Accessory light metal structures which exceed the 150 square feet
enclosed space threshold or concrete or wood accessory structures
built on site regardless of size or value may be permitted if they
meet all of the criteria outlined in subsection 122- 4(b)(1)d_ within
A zones or the criteria set forth in section (b)(5)g_ within V zones.
b. Nonresidential accessory structures.
1. All nonresidential accessory structures, or enclosed areas, which
meet the following criteria, may be permitted if:
(i) The enelesed area is 300 square feet or- less,,
40) The use is restricted to limited storage and parking only;
{ice ii They meet the breakaway wall standards outlined in
subsection 122- 4(b)(5)a. within V zones or the venting
requirements outlined in section 122-- 4(b)(1)d.2 within A
zones;
{} iii They meet the other requirements as outlined in subsection
(b)(1)d. of this section; and
{ iv The structures are properly anchored to prevent flotation,
collapse and lateral movement.
2. Aceesser-y str-aetures in an A zone that exceed the 300 square
of - efieles,ed- space thf -eshol be per-m itted if th et tl,
di h e /h \Ml �
b �E�3te�i� } ucxxrrc��o�cc ti avrrLuJtz7 of this
see �se fue iir -a V zones that @*eeed the 300
(4) Manufactured homes.
a. Effective June 1, 1977, no manufactured home not already in place shall
be placed within areas of special flood hazard except in an existing
manufactured home park or subdivision, as hereafter defined. In the event
that the Federal Emergency Management Agency eliminates the existing
manufactured home park or subdivision requirement of 44 CFR
60.3(c)(12), then no manufactured home may be placed below the base
flood elevation.
Page 3 of 5
I
b. A manufactured home that is to be placed on a qualified lot may be placed
2
at an elevation below base flood elevation provided that:
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1. The lot which the manufactured home is to be placed is located in
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an existing manufactured home park or subdivision and is
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contiguous to and surrounded by manufactured homes not at base
7
flood elevation.
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2. The manufactured homes that are placed or substantially improved
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(for other than substantial damage due to a flood) on sites in
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existing manufactured home parks or subdivisions in flood hazard
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areas shall be elevated so that the manufactured home chassis is
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supported by reinforced piers or other foundation elements that are
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no less than 36 inches in height above the grade at the site. A
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lower foundation system could be used if the top of the finished
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floor of the manufactured home or the bottom of the beam (for V
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zones) would be at or above the base flood elevation using such
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foundation.
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3. All other foundations requiring elevation of the structure in order
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to meet the floodplain standards must comply with section 122-
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3( the provisions of subsection (b)(5) of this section or
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chapter 18 of the Florida Building Code whichever is applicable.
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27 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
28 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
29 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
30 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause,
31 sentence or provision immediately involved in the controversy in which such judgment or decree
32 shall be rendered.
33 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
34 this ordinance are hereby repealed to the extent of said conflict.
35 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
36 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
37 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
38 of Florida but shall not become effective pursuant to Section 7 until a final order is issued
39 according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration
40 Commission approving the ordinance, and if the final order is challenged, until the challenge to
41 the order is resolved pursuant to F.S. Chapter 120.
Page 4 of 5
I Section 6. Inclusion in the Monroe County Code. The provisions of this ordinance
2 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
3 as an amendment thereto, and shall be appropriately renumbered to conform to the uniform
4 marking system of the Code.
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Section 7. Effective Date. This ordinance shall become effective as provided for by law
and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of 2017.
Mayor George Neugent
Mayor Pro Tern David Rice
Commissioner Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor George Neugent
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
MONROE COUNTY ATTORNEY
�..�g �LLIAMS
;; 0UNTY A
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