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10/20/1993 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 93/460 Regular Meeting Board of County Commissioners Wednesday, October 20, 1993 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date, at the Key Colony Beach City Hall. Present and answering to roll call were Commissioners, Earl Cheal, Shirley Freeman, Wilhelmina Harvey and Mary Kay Reich and Mayor London. Also present were -Danny L. Kolhage, Clerk; Isabel DeSantis, Deputy Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal-and seconded by Commissioner Harvey to approve Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS A Proclamation was made declaring November 14-20, 1993, to be "Habitat for Humanity Week". A Proclamation was made declaring October 1993 as "Breast Cancer Awareness Month". A Recognition of the Monroe County Department of Veterans Affairs receipt of the Veterans of Foreign Wars outstanding County Veterans Service Office of the Year Award. BULK APPROVALS Motion was made by Mayor London and seconded by Commissioner Cheal to approve the following items by unanimous 93/461 consent: Board granted approval and authorized execution of an Agreement between Monroe County, State of Florida, and Visiting Nurse Association and Hospice of the Florida Keys. Board granted permission to remove the following equipment from Monroe County Social Services' inventory and to solicit bids for resale: #1801-20 NCR CRT Serial # 11062649 Board granted approval and authorized execution of two (2) Agreement Addenda between two (2) volunteer Fire Departments and the Municipal Services Taxing District 5 and 6, extending the ending date of their original service agreements until September 30, 1994, or earlier upon the execution of new basic agreements. Board adopted the following Resolution authorizing the execution of an Amendment to the Department of Natural Resources FRDAP Agreement #C6530, in order to extend the completion date of the Lower Matecumbe Beach Project. RESOLUTION NO. 393-1993 See Res. Book No. 118 which is incorporated herein by reference. Board granted approval to advertise a Public Hearing for November 9, 1993, at 5:05 P.M. at Key West City Hall regarding a Budget Amendment for the Law Enforcement Trust Fund #600. Board granted Award of Bid to Mowrey Elevator Service, Inc., for elevator inspection and maintenance for seven (7) Monroe County elevators in the amount of $487.75 per month and authorized execution of the Contract for same. Board granted approval to advertise a Public Hearing for November 9, 1993, at 5:05 P.M. at Key West City Hall regarding a Budget Amendment for the Impact Fees Roadway Fund #130. Board granted approval to advertise a Public Hearing for November 9, 1993, at 5:05 P.M. at Key West City Hall regarding a Budget Amendment for the Card Sound Bridge Fund #401. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds to rollover into Fiscal Year 1994 - Growth Management Division. RESOLUTION NO. 394-1993 RESOLUTION NO. 395-1993 93/462 RESOLUTION NO. 396-1993 RESOLUTION NO. 397-1993 RESOLUTION NO. 398-1993 RESOLUTION NO. 399-1993 See Res. Book No. 118 which is incorporated herein by reference. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds to rollover grants into Fiscal Year 1994 - Community Services Division. RESOLUTION NO. 400-1993 RESOLUTION NO. 401-1993 RESOLUTION NO. 402-1993 RESOLUTION NO. 403-1993 See Res. Book No. 118 which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds for Fiscal Year 1994. RESOLUTION NO. 404-1993 See Res. Book No. 118 which is incorporated herein by reference. Board granted approval and authorized execution of a Contract Agreement Addendum with the United States Coast Guard for use of the tower at the North Key Largo Translator Site, extending Agreement through September 30, 1994. Board granted approval to remove the following surplus from the Court Administrator's inventory and advertise for bids: Double Arm Black Sofas 2322B-144 2322A-174 2322A-179 Board granted approval to remove the following surplus property from the Purchasing Department's inventory and advertise for bids: Toshiba Printer w/paper feeder #0803-030 IBM Typewriter , Quietwriter 7 #0808-057 Board granted approval to remove the following surplus property from the Key West and Key Largo Libraries and advertise for bids: Electric Typewriter 2600-531 Bard Central AC 2601-724 Typewriter 2600-726 16mm film projector 2601-733 Coronet Super 12 typewriter Unknown 93/463 Board granted approval of a settlement offer of a Code Enforcement Board lien on the property of Forestek, Inc., in the amount of $1,000.00 regarding CEB Case #U7-92-485. Board granted approval and authorized execution of a USDA Contract #US-451A between Monroe County and the Alliance for Aging, Inc., for Dade/Monroe County. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation, regarding DRI Study for the Key West International Airport, WPI No. 6826764. Board granted approval and authorized execution of a Lease Agreement with Cape Air for space at the Key West International Airport. Board granted approval to pay invoice from Johnson, Anselmo, Murdoch, Burke & George dated 09/23/93, in the amount of $38,139.70 from Fiscal Year 1993 funds regarding the case of Christopher v. Monroe County, et al. Board granted approval and authorized execution of a Contract Agreement between Monroe County and the Guidance Clinic of the Upper Keys, Inc., to provide assistance to the Citizens of Monroe County, in the amount of $67,859.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and the Guidance Clinic of the Middle Keys, Inc., to provide assistance to the Citizens of Monroe County, in the amount of $501,266.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Care Center for Mental Health of the Lower Keys, Inc., to provide assistance to the Citizens of Monroe County, in the amount of $164,629.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and the U.S. Fellowship of Florida, Inc., to provide assistance to Monroe County, in the amount of $25,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Big Brothers/Big Sisters of Monroe County, Florida, to provide assistance to Monroe County, in the amount of $10,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Aids Help, Inc., to provide assistance to Monroe County, in the amount of $34,000.00. Board granted approval and authorized execution of a 93/464 Contract Agreement between Monroe County and Wesley House, to provide assistance to Monroe County, in the amount of $12,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Red Cross of the Upper Keys, to provide assistance to Monroe County, in the amount of $10,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Red Cross of the Lower Keys, to provide assistance to Monroe County, in the amount of $10,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and the Domestic Abuse Shelter, Inc., to provide assistance to Monroe County, in the amount of $20,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Literacy of America to provide assistance to Monroe County, in the amount of $3,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Help Line, Inc., to provide assistance to Monroe County, in the amount of $12,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Florida Keys Children's Shelter, to provide assistance to Monroe County, in the amount of $21,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Hospice of the Florida Keys, Inc., to provide assistance to Monroe County, in the amount of $48,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and the Handicapped Job Placement Council of the Florida Keys, to provide assistance to Monroe County, in the amount of $25,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and the Monroe Association for Retarded Citizens, to provide assistance to Monroe County, in the amount of $25,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and the Florida Keys Youth Club, to provide assistance to Monroe County, in the amount of $25,000.00. 93/465 Board granted approval and authorized execution of a Contract Agreement between Monroe County and the Upper Keys Youth Association, to provide assistance to Monroe County, in the amount of $33,600.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and the Big Pine Key Athletic Association, to provide assistance to Monroe County, in the amount of $18,000.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and the Heart of the Keys Recreation Association, Inc., to provide assistance to Monroe County, in the amount of $18,000.00. Board granted approval of the deletion of the following property from inventory and granted approval to advertise for bids: Crusher/Chipper 0976-29 Board granted approval to remove the following property from the Social Services/Bayshore Manor Inventory: Black Selectric II Typewriter 1803-348 % GE 7800 BTU Airconditioner 1803-384 RCA Color Console Television 1803-456 Board granted approval to award bid to Advantage Medical Electronics for the purchase of a telemetry monitoring system. Board granted approval and authorized execution of a Contract Agreement Addendum between Monroe County and the Key Largo Volunteer Ambulance Corps, Inc., extending the ending date of the original Agreement to September 30, 1994, or earlier, upon execution of a new basic Agreement. Board granted approval and authorized execution of a Contract Agreement Addendum between Monroe County and the Tavernier Volunteer Fire Department and Ambulance Corps, Inc., extending the ending date of the original Agreement to September 30, 1994, or earlier, upon execution of a new basic Agreement. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds, to rollover grants in Fiscal Year 1994, - Management Services Division. RESOLUTION NO. 405-1993 RESOLUTION NO. 406-1993 RESOLUTION NO. 407-1993 RESOLUTION NO. 408-1993 93/466 RESOLUTION NO. 409-1993 See Res. Book No. 118 which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds to rollover grants into Fiscal Year 1994, - Growth Management Division. RESOLUTION NO. 410-1993 RESOLUTION NO. 411-1993 See Res. Book No. 118 which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds, Fiscal Year 1994. RESOLUTION NO. 412-1993 See Res. Book No. 118 which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds, Fiscal Year 1993. RESOLUTION NO. 413-1993 See Res. Book No. 118 which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds to rollover grants into Fiscal Year 1994 - Environmental Management. RESOLUTION NO. 414-1993 RESOLUTION NO. 415-1993 RESOLUTION NO. 416-1993 See Res. Book No. 11 which is incorporated herein by reference. Board adopted the following Resolution to rescind Resolution No. 529-1992, concerning the Litter Grant. RESOLUTION NO. 417-1993 See Res. Book No. 118 which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 418-1993 See Res. Book No. 118 which is incorporated herein by reference. Board granted approval to solicit proposals for a Tax Anticipation Note for the Municipal Service Street Taxing District - Winston Waterways, in an amount not to exceed $110,000.00. Board granted approval and authorized execution of Business Lease for space for the Aids Prevention Center, between Monroe County and Joan R. Lord-Papy. 93/467 Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds to rollover grants into Fiscal Year 1994 - Public Safety Division. RESOLUTION NO. 419-1993 RESOLUTION NO. 420-1993 RESOLUTION NO. 421-1993 RESOLUTION NO. 422-1993 RESOLUTION NO. 423-1993 RESOLUTION NO. 424-1993 RESOLUTION NO. 425-1993 See Res. Book No. 118 which is incorporated herein by reference. Board granted approval and authorized execution of Standard Contract between Monroe County and the State of Florida Health & Rehabilitative Services. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 426-1993 See Res. Book No. 118 which is incorporated herein by reference. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 427-1993 RESOLUTION NO. 428-1993 RESOLUTION NO. 429-1993 RESOLUTION NO. 430-1993 RESOLUTION NO. 431-1993 RESOLUTION NO. 432-1993 RESOLUTION NO. 433-1993 RESOLUTION NO. 434-1993 RESOLUTION NO. 435-1993 RESOLUTION NO. 436-1993 RESOLUTION NO. 437-1993 RESOLUTION NO. 438-1993 RESOLUTION NO. 439-1993 See Res. Book No. 118 which is incorporated herein by reference. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Board granted approval and authorized execution of Change Order No. 01-026-004 to Roman Caulking's Contract No. KJ- 026, Sealants, in the increased amount of $8,807.00, for the New Detention Facility. Board granted approval and authorized execution of Contract FF-001, Fire Facilities Roof Repairs to Page Building Systems, in the amount of $61,479.00, pending legal sufficiency. 93/468 Board granted approval and authorized execution of Change Order No. 01-017-007, to D. L. Porter Construction's Contract No. KJ-017, Concrete, in the increased amount of $4,596.00, for the New Detention Facility DIVISION OF PUBLIC WORKS Board granted approval of Monroe County's revised Seven Year Roadway/Bicycle Path Plan. TOURIST DEVELOPMENT COUNCIL Board adopted the following Resolution concerning the Transfer of Funds, Fiscal Year 1994. RESOLUTION NO. 440-1993 See Res. Book No. 118 which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds, Fiscal Year 1993. RESOLUTION NO. 441-1993 See Res. Book No. 118 which is incorporated herein by reference. Board granted approval and authorized execution of a Funding Agreement with Holiday Isle Resort and Marine covering the Holiday Isle Sailfish Tournament, for an amount not to exceed $4,000.00 Fiscal Year 1994, Two Penny, on January 28-30, 1994. Board granted approval and authorized execution of a Funding Agreement with the San Pedro Catholic Church Altar Society, for an amount not to exceed $6,062.00, Fiscal Year 1994, Two Penny, covering Art Under the Oaks, on January 22, 1994. Board granted approval and authorized execution of a Funding Agreement with the Florida Keys Renaissance Faire, Inc., for an amount not to exceed $10,301.85, Fiscal Year 1994, Two Penny, on January 8-16, 1994. Board granted approval and authorized execution of a Contract with Exclusive Sports Marketing, Inc., of Florida, in an amount not to exceed $45,000.00, Fiscal Year 1994, Third Penny, covering a two day event, October 8-9, 1994, in Key West. Board adopted the following Resolution concerning the Transfer of Funds, Fiscal Year 1993. RESOLUTION NO. 442-1993 See Res. Book No. 118 which is incorporated herein by reference. 93/469 Board granted approval and authorized execution of a Local Major Events Agreement between Monroe County and Festival Floats, Inc., in an amount not to exceed $30,000.00, Fiscal Year 1994, Two Penny, Public Relations Expense Budget, for a Miami King Orange Jamboree Parade Float, December 31, 1993. Board adopted the following Resolution concerning the Transfer of Funds, Fiscal Year 1993. RESOLUTION NO. 443-1993 See Res. Book No. 118 which is incorporated herein by reference. Board granted approval and authorized execution of a three (3) year Agreement for Administrative Services between Monroe County and the 3406 North Roosevelt Boulevard Corporation to perform administrative duties on behalf of the Monroe County Tourist Development Council. Board granted approval and authorized execution of an Agreement with Original Impression, Inc., in an amount not to exceed $70,000.00, Fiscal Year 1994, from Third Penny Telephone and Tourist Information Services to cover the processing and mailing of material provided by each of the five Chambers of Commerce in the Florida Keys. COUNTY CLERK Board approved the following Warrants: WORKERS COMPENSATION FUND (501), #4003-#4007 in the amount of $46,271.59 UPPER KEYS TRAUMA DISTRICT (144), #190-#193, in the amount of $22,207.14. TRANSLATOR FUND (142), #427-#430, in the amount of $28,827.87. TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #842- #844, in the amount of $546,470.55. SUPPLEMENT TO GENERAL REVENUE FUND (002), #490-#492, in the amount of $74,450.88. FL TRUST FUND (600,601), #1052-1054, in the amount of $6,826.34. SALES TAX BOND ANTICIPATION NOTE (305), #156-#158, in the amount of $937,117.82. RISK MANAGEMENT FUND (503), #253-#256, in the amount 93/470 of $18,535.73. PLANNING,BUILDING,& CODE ENFORCEMENT/ PARKS & BEACHES UNINCORPORATED (148,147), #463-#466, in the amount of $538,110.27. MSD TAXING DISTRICTS (145,146,141), #749-#755, in the amount of $888,502.56. MSD PLEDGED FUNDS (414), #341-346, in the amount of $1,439,182.26. LAW LIBRARY FUND (103), #418, 420-421, in the amount of $1,024.00. MONROE COUNTY GROUP INS FUND (502), #604-#609, in the amount of $511,633.58. GENERAL REVENUE FUND (001), #200983-#201998, in the amount of $11,037.114.23. FINE & FORFEITURE FUND (101), #1377-#1382, in the amount of $345,796.95. FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #1414142, in the amount of $41,699.44. CARD SOUND BRIDGE FUND (401), #504-#506, in the amount of $309,342.05. CAPITAL PROJECTS FUND (301), #653-#657, in the amount of $894,040.93. AIRPORT OPERATION & MAINTENANCE FUND (004), #816-#819, in the amount of $250,635.00. ROAD & BRIDGE (102), #787-#790, in the amount of $342,746.75. VENETIAN SHORES SPEC RD DIST (149), #0046, in the amount of #23,328.33. MARINERS HOSPITAL SPEC TAX (715), #078, in the amount of $9.99. MONROE COUNTY EMS FUND -NATIONS BANK (719), #01-02, in the amount of $1,181,325.37. 93/471 FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Care Center for Mental Health, in the amount of $500.00; Tanju Mishara, in the amount of $250.00; Deborah Harrison, in the amount of $250.00; and Guillermo Marcovici, in the amount of $300.00. COURT -APPOINTED ATTORNEYS, Candida Cobb, in the amount of $350.00; Charles Milligan, in the amount of $86.78; David Manz, in the amount of $350.00; Franklin Greenman, in the amount of $1,420.80; Donald E. Yates, in the amount of $350.00; Leighton G. Morse, in the amount of $1,719.00; Y Garcia, in the amount of $350.00; Mattson & Tobin, 1,041.75; Stephen Isherwood, in the amount of $540.00; in the amount of $1,018.97; Tegan Slaton, in the amount of $1,502.50; Thornton McDaniel, in the amount of $762.00; Timothy Thomes, in the amount of $350.00; and William Kuypers, in the amount of $6,004.00. OTHER EXPENSES, Louis J. Spallone, in the amount of $1,000.00; State of Florida, in the amount of $936.70; David Burns Investigations Service, in the amount of $375.35. REGULAR WITNESS FEES, Witness Payroll, in the amount of $266.20. COURT REPORTER SERVICES, Amy Landry, in the amount of $1,401.00; Associated Court Reporters, in the amount of $1,897.45.; Joe Troiano, Inc., in the amount of $50.00; Kathy Sheffy Reporting Service, in the amount of $215.00; Lisa Roeser, in the amount of $60.00; Nancy Maleske, in the amount of $202.25; Nancy Maleske, in the amount of $519.75; and Reanie Hill, in the amount of $1,719.75. COURT INTERPRETER SERVICES, Eva Carbone, in the amount of $75.00; Feditchev Valeri, in the amount of $25.00; Jose R. Menendez, in the amount of $315.00; Juan Borges, in the amount of $310.00; Mark Strosin, in the amount of $35.00; Mararita Oppermann, in the amount of $30.00; Sara O'Neal, in the amount of $60.00; Susan Tellez, in the amount of $115.00; Wally Morawski, in the amount of $200.00; William G. Waddel, in the amount of $110.00; and Ute Rhode, in the amount of $25.00. $480.00. $936.50. TRAVEL EXPENSE, Witness Travel, in the amount of EXPERT WITNESS, Dr. Ronald Reeves, in the amount of EXTRADITION, in the amount of $1,327.20. 93/472 Board officially approved the following Minutes of the Board County Commissioner's Meetings: July 29, 1993 and September 7 & 8, 1993. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to draft a Resolution concerning voluntary compliance in requesting commercial establishments, which sell products related to construction, to post signs notifying customers that construction work may require building permits and licensed contractors, etc. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to granting approval of supplemental plant requisitions in the combined amount of $2,500.00 for the Cudjoe Highway Beautification Project. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval to enter into Contract between Monroe County and Bender & Deluane Architects for the Renovation of the Marathon Sheriff's Substation and Tax Collector's Office and granted authorization for the.Mayor to execute same. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval to execute an Agreement for Purchase and Addendum between Monroe County and EMC Corporation for the Champion 8mm tape from the Board of County Commissioner's Contingency to provide a more effective and cost efficient AS/400 nightly back up process. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval to renew Monroe County's membership in the Florida Shore & Beach Preservation Association. Motion carried unanimously. Community Services Director, Peter Horton, and James E. Platt, addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval for the Civil Air Patrol to utilize a tie -down space at the Marathon Airport on a month -to -month basis, pending Lease Agreement approval, and with the following conditions, as indicated on a Memorandum dated, October 18, 1993 from Mr. Horton: 1. Only minor maintenance can be performed at the tie 93/473 down area. 2. Civil Air Patrol will install and maintain the tie down apparatus. 3. Civil Air Patrol assumes all risks involved with the tie down apparatus. 4. Civil Air Patrol will obey all Airport Rules and Regulations. 5. Monroe County to be named an additional insured. Motion carried unanimously. Environmental Management Director, Barry Boldissar, addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal granting permission to redeem Monroe County Municipal Service District Special Obligation Note, Series 1989. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval of a request to waive Personnel, Policies & Procedures concerning temporary hire for Esther Taylor. Motion carried unanimously. County Attorney, Randy Ludacer, and Upper Keys Health Care Taxing District Director, Elaine Gorman, addressed the Board. Motion was made by Mayor London and seconded by Commissioner Harvey granting approval to advertise for bids for the purchase of an autoclave and a portable x-ray machine for use by Mariners Hospital. Motion carried unanimously. Motion was made by Mayor London and seconded by Commissioner Cheal approving the following items: Adoption of the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of Marlin Street, Edenair Subdivision, Key Largo., Florida. RESOLUTION NO. 444-1993 See Res. Book No. 118 which is incorporated herein by reference. Adoption of the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 445-1993 See Res. Book No. 118 which is incorporated herein by reference. Adoption of the following Resolution concerning the Transfer of Funds for Fiscal Year 1994. REVISION 93/474 RESOLUTION NO. 446-1993 See Res. Book No. 118 which is incorporated herein by reference. Approval of a request from Mr. John Carbonnel, President of Super Boat Racing, Inc., to utilize the enclosed tower at Higgs Beach for the Dry Pit area and the installation of a temporary fence securing the area from November 4-15, 1993. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES The following individuals addressed the Board concerning the Jet Center Lease renewal at the Marathon Airport: Community Services Director, Peter Horton; County Attorney, Randy Ludacer; Jim Crozier, John Etmanczyk, Dick Ramsay, W.J. Heffernan, Jr., representing the Marathon Aero Services; and Michael R. Barnes, representing the Florida Keys Aviation Association. Motion was made by Mayor London and seconded by Commissioner Reich directing Community Services Director, Peter Horton to negotiate with the appropriate leaseholder at the Marathon Airport to arrange to buy back the lease and open it up for other alternatives and/or negotiate other appropriate conditions in the best interest of the citizens of Monroe County. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey requesting Staff to express the Board's concern to both FBO's of providing high quality services and attempt to have more open communication with pilots and other users at the Marathon Airport. Motion carried unanimously. Mr. Horton made a presentation concerning tree removal and relocation at the Northside of the Marathon Airport. DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioners James Fenhoff, Jack London, Mary Kay Reich, and Chairman Earl Cheal. Commissioner Hal Halenza was not present. 93/475 not present. Public Safety Director, Reggie Paros, addressed the Board. Motion was made by Chairman Cheal and seconded by Commissioner London to table this item until further details on charges/costs concerning per diem rates and investigate the possibility of Information Systems providing this support. Motion carried unanimously, with Commissioner Halenza not present. Motion was made by Commissioner London and seconded by Commissioner Reich granting approval of a request to remove a 1962 Ford Howe Pumper Truck, serial number F85QU311552, from inventory and advertise for sale. Motion carried unanimously, with Commissioner Halenza not present. Motion was made by Commissioner Reich and seconded by Commissioner Feinhoff granting approval of eight (8) Agreement Addenda between eight (8) Volunteer Fire Departments and the Lower and Middle Keys Fire and Ambulance District, extending the ending date of their original Service Agreements until September 30, 1994, or earlier upon the execution of new basic agreements. Motion carried unanimously, with Commissioner Halenza not present. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. The Board of County Commissioners reconvened with all Commissioners present. DIVISION OF COMMUNITY SERVICES Community Services Director, Peter Horton, discussed a Department of Environmental Protection grant in the amount of $109,150.00 for derelict vessel removal. The emplanement figures for the Key West International Airport were increased by 4% and Marathon Airport were increased by 28%. DIVISION OF PUBLIC WORKS Public Works Director, Dent Pierce, discussed the receipt of a check from the State in the amount of $307,000.00 for repairs to Card Sound Road as a result of Hurricane Andrew. The Boot Key bridge new operating hours. 93/476 COMMISSIONERS' ITEMS Commissioner Harvey and County Administrator, Tom Brown, discussed the identifying of all items to be included in reports in advance of a Board of County Commissioner's Meeting. Commissioner Cheal, Elaine Gorman, Director of the Upper Keys Health Taxing District, and County Attorney, Randy Ludacer, addressed the Board concerning the Upper Keys Trauma District. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman tasking the County Administrator with reviewing the possibility of incorporating the supervision of the Trauma District under the County Administrator's purview including the relationship with the County Purchasing Department, and requesting the County Administrator to report to the Board at the next Key Largo meeting. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. Commissioner Reich reported on her attendance in Washington, D.C. concerning a NACO meeting. MISCELLANEOUS BULK APPROVALS Virginia Panico, Executive Director of the Key West Chamber of Commerce, addressed the Board. concerning an Interlocal Agreement for Grant of Funds with the City of Key West concerning the White Street Pier/Higgs Beach Project. Motion was made by Commissioner Freeman to approve the Interlocal Agreement for Grant of Funds with the City of Key West. After discussion, Commissioner Freeman withdrew her motion. Motion was then made by Commissioner Cheal and seconded by Commissioner Freeman to table this item. Motion carried unanimously. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Larry Keys, Project Manager, addressed the Board concerning the approval of Add Service No. 27 to Hansen Lind Meyer's contract, for the New Detention Facility. No official action was taken. Motion was made by Commissioner Reich and seconded by V Commissioner Harvey authorizing Morrison-Knudsen//Gerrits to 93/477 issue the appropriate directives and financial commitments to proceed with design, purchasing and installation of the fire water pump, fire piping, and miscellaneous appurtenances for the New Detention Facility, at a cost not -to exceed $150,000.00. Roll call vote was taken with the following results: Motion carried. Commissioner Commissioner Commissioner Commissioner Mayor London Cheal No Freeman Yes Harvey Yes Reich Yes Yes MISCELLANEOUS BULK APPROVALS DIVISION OF GROWTH MANAGEMENT DIVISION OF PUBLIC WORKS The following individuals addressed the Board concerning (1) a request from Omega Sector, Inc., to use and close State Road 4A to local traffic, Sugarloaf Key, for filming between November 15 and December 6, 1993, for a ten (10) day period; (2) a discussion of additional temporary uses/structures to be used for the upcoming filming of the motion picture, "True Lies"; and (3) a presentation regarding the filming of the movie, "True Lies" - Colette Hailey, Omega Sector, Inc.: Public Works Director, Dent Pierce; County Administrator, Tom Brown; James J. Cooney, representing Omega Sector, Inc., and 20th Century Fox; R. Colette Hailey, Florida Location Manager of Omega Sector; Donald Craig, representing Omega Sector; Kieran Mahoney, William Sargent, John Rolli, C. Jean Cann, Virginia A. Panico, Monroe County Film Commissioner; and Growth Management Director, Bob Herman. Motion was made by Commissioner Reich and seconded by Commissioner Freeman approving the request from Omega Sector, Inc., to use and close State Road 4A to local traffic, Sugarloaf Key, for filming between -November 15 and December 6, 1993, for a ten (10) day period. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to approve the additional temporary uses/structure to be used for the upcoming filming of the motion picture "True Lies", as recommended by Staff as follows: Provide authorization to Omega Sector, Inc., to build an approach ramp and a temporary bridge without benefit of a Monroe County building permit. To minimize any l negative environmental impact, permitting of all land v clearing is recommended, and acknowledgement is made 93/478 that State and Federal agencies will be required to authorize such activities as allowing gasoline to be ignited in a boat basin and the blowing up of the temporary bridge. In addition, Omega Sector, Inc., shall provide a performance bond, as approved by the County Attorney, in the amount of $250,000.00 and contingent upon the reimbursement to Monroe County for to compensate for Staff time involved in the process. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Freeman and seconded by Commissioner Reich remove from the table Agenda item C-1 concerning the approval and execution of an Interlocal Agreement for Grant of Funds with the City of Key West concerning the White Street Pier/Higgs Beach Project. Motion carried unanimously. Commissioner Harvey excused herself from the Meeting for a short period of time. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval to execute an Interlocal Agreement for Grant of Funds with the City of Key West concerning the White Street Pier/Higgs Beach Project. Motion carried unanimously, with Commissioner Harvey not present. Commissioner Harvey entered the Meeting. PUBLIC HEARING A Public Hearing was held concerning the approval to advertise an Ordinance creating Chapter 4, Article III, Monroe County Mangrove Protection Ordinance, prohibiting the alteration of mangroves within Monroe County; Providing a process for permitting mangrove alteration; Providing a statement of Policy and Intent; Definitions; Prohibitions; Approval procedures; Standards for approval or denial of an application; Providing for Species Specific Mangrove Trimming Standards; Mitigation requirements; Exceptions; Enforcement; Conflicting provisions; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; Providing for filing with the Department of Community Affairs, The Department of Natural Resources, The Department of Environmental Regulation, and the Department of State; and Providing an effective date. Motion was made by Commissioner Reich and seconded by Commissioner Cheal to read by title only. County Attorney Randy Ludacer read by title only. Growth Management Director, Bob Herman; and Bud Post addressed the 93/479 Board. After Board discussion, motion was made by Commissioner Reich and seconded by Commissioner Harvey to postpone and readvertise this item. Roll call vote was unanimous. TOURIST DEVELOPMENT COUNCIL Mayor Samuel Feiner, Chairman and Tim Greene, Vice - Chairman of the Monroe County Tourist Development Council, addressed the Board concerning the Monroe County Tourist Development Council Fiscal Year 1993 Report. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to add to the Monroe County Tourist Development Long Range Plan the following: Protection of natural resources which draw people to the Florida Keys. Motion carried unanimously. Commissioner Freeman discussed exploring ways to reduce the impact of traffic in the Florida Keys due to tourists. Motion was made by Commissioner Cheal and seconded by Mayor London to re -appoint Mayor Samuel Feiner as Chairman of the Tourist Development Council. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to add to today's Agenda the discussion of the Marathon Heart of the Florida Keys Brochure. Russell Teal, representing the Official Heart of the Keys Information Center, addressed the Board. No official action was taken. COMMISSIONERS' ITEMS Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to send a letter to the family of the late Hank Kokenzie expressing the Board's sympathy. Motion carried unanimously. THE FOLLOWING AGENDA ITEMS ARE CONTINUED FROM THE OCTOBER 19, 1993 MEETING COUNTY ADMINISTRATOR County Administrator, Tom Brown, informed the Board that the Old City Hall in Key West is available all day on November 9, -.1993 at 9:00 A.M. to hold the continuation of a Public Hearing concerning the alteration of mangroves within 93/480 Monroe County; providing a process for permitting mangrove alteration, etc. Mr. Brown discussed the 1994 Board of County Commissioner's Meeting Schedule and he also discussed the New Monroe County Detention Facility dedication, scheduled to be held December 10, 1993. Mr. Brown and Incoming Administrator, James Roberts, discussed the scheduling of an Organizational Meeting to be held during the November 9, 1993 regularly scheduled Board Meeting. COUNTY ADMINISTRATOR A discussion concerning a Monroe County Commission - Management Staff Seminar to develop long range goals and objectives for providing public services in Monroe County was held. Motion was made by Commissioner Cheal and seconded by Mayor London approving Staff recommendation that the County Commission establish the goals and objectives of the planning sessions and direct staff to research and recommend an appropriate methodology for facilitating their conduct. Motion carried unanimously. Consideration of amending the Monroe County Board of County Commissioners Policies to clarify the policy for verbally adding items to the regular meeting's agenda. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman approving the substitution of the phrase "members of the Commission present" for the word "Commission" in the last sentence of Section 1.03 (a). Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval to change the Monroe County Board of County Commissioners December 1, 1993, meeting date, so as not to conflict with the Florida Association of Counties 1994 Legislative Conference to be held December 1 - 3, 1993. The new meeting dates are Monday, November 29, 1993 at 1:00 P.M. and Tuesday, November 30, at 9:00 A.M. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal granting approval to execute a renewed Professional Service Order with Post Buckley Schuh & Jernigan for general consulting professional services for the Smathers Beach Renourishment Project only. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval of a request for an exception to the Monroe County Code to allow temporary overnight RV camping on church property on November 14 - 20, 1993, in support of the Habitat for Humanity Upper Keys Blitz -Building project. Motion carried unanimously. REVISION 93/481 Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting the approval for payment of the following invoice: 1. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. for professional services through September 30, 1993, in the amount of $2,780.33. Motion carried unanimously. COUNTY ATTORNEY County Attorney, Randy Ludacer, informed the Board of the status of the various Ocean Reef lawsuits and the County being held 5% liable. Mr. Ludacer recommended denial of the request for reimbursement of expenses and attorney's fees in the case of Nancy L. Snowman v. BOCC. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to approve the County Attorney's recommendation to deny the request for reimbursement. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to adopt the following Resolution concerning federal unfunded mandates and supporting "National Unfunded Mandates Day." Motion carried unanimously. RESOLUTION NO. 447-1993 See Res. Book No. 118 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution requesting the Chief Judge to modify his administrative order concerning "venue" within the County by requiring all actions filed by or against Monroe County and other County governmental entities to be filed and tried in the County seat. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor London Motion carried. Cheal Yes Freeman Yes Harvey No Reich Yes Yes RESOLUTION NO. 448-1993 See Res. Book No. 118 which is incorporated herein by reference. 93/482 Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to approve Staff recommendation approving draft notification regarding sunshine law to all advisory committee members. Motion carried unanimously. Motion was made by Mayor London and seconded by Commissioner Reich to adopt the following Resolution requesting the President of the United States to direct the Department of Defense to provide early detection coverage to the residents of the Florida Keys. Motion carried unanimously. RESOLUTION NO. 449-1993 See Res. Book No. 118 which is incorporated herein by reference. adjourned. There being no further business, the meeting was Clerk to the Board of County Commissioners of Monroe County �i NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, October 20, 1993, at 3:00 p.m. at the Key Colony Beach City Hall, Key Colony Beach, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1993 AN ORDINANCE CREATING CHAPTER 4, ARTICLE III, MONROE COUNTY MANGROVE PROTECTION ORDINANCE, PROHIBITING THE ALTERATION OF MANGROVES WITHIN MONROE COUNTY; PROVIDING A PROCESS FOR PERMITTING MANGROVE ALTERATION; PROVIDING A STATEMENT OF POLICY AND INTENT; DEFINITIONS; PROHIBITIONS; APPROVAL PROCEDURES; STANDARDS FOR APPROVAL OR DENIAL OF AN APPLICATION; PROVIDING FOR SPECIES SPECIFIC MANGROVE TRIMMING STANDARDS; MITIGATION REQUIREMENTS; EXEMPTIONS; ENFORCEMENT; CONFLICTING PRO- VISIONS; PROVIDING FOR SEVERABILITY; PROVID- ING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; PROVIDING FOR FILING WITIf THE DEPARTMENT OF COMMUNITY AFFAIRS, THE DEPARTMENT OF NATURAL RESOURCES, THE DEPART- MENT OF ENVIRONMENTAL REGULATION, AND THE DEPARTMENT OF STATE; AND PROVIDING AN EFFEC- TIVE DATE Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearing or meeting, 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 ordinance are available for review at the various public',IDraries in Monroe County, Florida. DATED at Key West, Florida, this 27th day of September, 1993. IF: 8 V R7 L43S e6. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Commissioner Reich ORDINANCE NO. -1993 AN ORDINANCE CREATING CHAPTER 4, ARTICLE III, MONROE COUNTY MANGROVE PROTECTION ORDINANCE, PROHIBITING THE ALTERATION OF MANGROVES WITHIN MONROE COUNTY; PROVIDING A PROCESS FOR PERMITTING MANGROVE ALTERATION; PROVIDING A STATEMENT OF POLICY AND INTENT; DEFINITIONS; PROHIBITIONS; APPROVAL PROCEDURES; STANDARDS FOR APPROVAL OR DENIAL OF AN -APPLICATION; PROVIDING FOR SPECIES SPECIFIC MANGROVE TRIMMING STANDARDS; MITIGATION REQUIREMENTS; EXEMPTIONS; ENFORCEMENT; CONFLICTING PRO- VISIONS; PROVIDING FOR SEVERABILITY; PROVID- ING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS, THE DEPARTMENT OF, NATURAL RESOURCES, THE DEPART- MENT OF ENVIRONMENTAL REGULATION, AND THE DEPARTMENT OF STATE; AND PROVIDING AN EFFEC- TIVE DATE WHEREAS, the Board of County Commissioners of Monroe County, Florida, is authorized by Chapter 125, Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, the Monroe County Board of County Commnissioners has determined that it is in the public interest to protect mangrove vegetation; and WHEREAS, the Legislature in Chapter 93-34, Laws of Florida has authorized the Florida Department of Environmental Regulation (DER) to adopt a Mangrove Protection Rule which allows counties to apply to the state for authorization to implement a program to w � f permit limited mangrove trimming and DER has adopted such a rule; and , WHEREAS, the Monroe County Board of County Commissioners has determined it is in the interest of the public health, safety and welfare to permit limited mangrove, alteration in certain circum- stances, now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Chapter 4, Article III, Monroe County Code is hereby created as follows: ARTICLE III. MANGROVE PROTECTION Sec. 4-36. Title. This ordinance shall be known as the "Monroe County mangrove Protection -Ordinance": Sec. 4-37. Policy, Intent and Scope. (1) The Monroe County Board of County Commissioners finds the following: (a) Mangrove vegetation borders much of the estuarine shoreline of Monroe County; (b) Natural mangrove vegetation protects the shoreline against erosion resulting from coastal dynamics; (c) Mangroves provide habitat for a diverse community of plants and animals, including endangered and threatened species, and species of special concern; (d) Mangroves play a fundamental role in estuarine nutri- tion by producing concentrations of organic matter which are utilized by marine organisms within the estuarine food web; 2 (e) Over 90 percent of Florida's commercial fish species are dependent upon the nursery function of these dynamic estuaries; (f) Mangroves estuaries provide a dependable winter resting ground for a host of species of migratory birds; (g) Mangroves are aesthetically appealing and, with special concern for maintenance of biological function, can be reasonably incorporated into the landscaping of waterfront residences; (h) Mangroves have been shown, in certain cases, to be amenable to standard horticultural practices, including pruning, and waterfront property owners can live in harmony with mangroves by use of selective modification of the vegetative growth; and (i) Mangrove wetlands improve and maintain water quality by stabilizing sediments, storing and assimilating nutrients, and filtering particulate matter which is suspended in the water column. (2) It is the intent of this ordinance to protect mangroves and their vital role in the economy and ecology of the County by establishing a procedure for evaluating and minimizing the adverse impacts of proposed mangrove alteration, while allowing the selective trimming and alteration of mangroves in order for persons to enjoy the benefits of riparian ownership. (3) This rule is not applicable to the alteration of mangroves by: (a) duly constituted communication, water, sewerage, electrical or other utility companies, engineers or surveyors working under a contract with duly constituted communication, P water, sewerage, electrical or other utility companies; and Federal, State, municipal or county agencies, and engineers or surveyors working under a contract with these agencies when the alteration of mangroves is done as a governmental function of the agency, where the mangrove alteration is: 1. on or adjacent to rights of way owned or con- trolled by a duly constituted communication, water, sewerage, electrical or other utility companies; 2. limited to those areas necessary for maintenance or existing lines or facilities, or for construction of new lines or facilities in or adjacent to a public or private easement or right of way, in furtherance of providing utility service; or located on the groundslof previously authorized electric power plants and substations, water treatment plants, or sewage treat- ment plants in furtherance of providing utility service, or necessary for public safety and welfare. All alteration pursuant to this subparagraph shall be conducted so as to avoid any unnecessary alteration of mangroves. Unnecessary mangrove alteration shall include any alteration of limbs, branches or trunks of mangroves which are growing at a height of fifteen feet or less above the substrate on which the mangroves are growing; except that limbs, branches, and trunks may be trimmed below a height of fifteen feet above the substrate within access routes not exceeding three feet in width and spaced not less than fifteen feet apart which are necessary to provide access into mangroves, or to eliminate hazardous sign impairment along public streets, highways, rights of way or intrusion into airport flight 4 patterns. Cut mangrove alteration debris shall be deposited entirely on uplands to the maximum extent particable, except for leaf and twig material that inadvertently falls into waters of the State; and 3. the governmental function of a Federal, State, county, or municipal agency for this provision shall not include: a. mangrove alteration or selective trimming performed in order to allow upland private or commercial landown- ers to better enjoy coastal water vistas or any other enhanced view to benefit the private or commercial ownership of the land; b. mangrove alteration or selective trimming in excess of the amount necessary to maintain 'or install communica- tion, water, sewerage, electrical services or safe transportation functions. (b) Florida licensed land surveyors or other persons under the supervision of a Florida licensed land surveyor in the performance of determining survey lines, provided such alteration is limited to a swath of three feet or less in width and provided that all cut mangrove alteration debris is disposed of in upland locations to the greatest extent practical, except for leaf and twig material which inadvertently drops into the water and except where the removal of the cut mangrove debris to uplands can be expected to cause additional damage to adjacent mangroves or to the sediments and grades of the mangrove substrate. (4) Selective trimming of mangroves, as defined in Sec. 4-38(15), Monroe County Code, will not be regulated as alteration pursuant to this ordinance. 5 Sec. 4-38. Definitions. (1) "Alter" or "alteration" means to cut, trim, remove, defoliate, or otherwise destroy any mangroves, but shall not mean selective trimming of mangroves as defined in Sec. 4-38(15), Monroe County Code. (2) "Approved local pollution control programs" refers to local government environmental regulatory programs which have entered into a General Operating Agreement with the Department of Environmental Regulation which recognizes the program as meeting eligibility criteria provided in Sec. 403.182, FS. (3) "Biological integrity," as used in this ordinance, means the similar and, uninterrupted ability of an individual, trimmed mangrove plant P to continue to live, to grow, to produce leaves, flowers, and propagules, to provide wildlife habitat functions,' *and to contribute to marine productivity, as compared to an untrimmed mangrove plant of the same species and size. (4) "cbh" (circumference at breast height) means the circumference of the trunk:, limb, or stem material measured at the point or points of the tree located 4k feet from where the tree emerges from the substrate. In the case or c:ulti-trunked trees, the cbh is measured by the sum of circumferences of each trunk at the point or points located 4k feet from where the tree emerges from the substrate. (5) "dbh" (diameter at breast height) means the diameter of the trunk, limb, or stem material measured at the point or points of the tree located 4k ieet from where the tree emerges from the substrate. In the case of multi-trunked trees, the dbh is N. measured by the sum of diameter of each trunk at the point or points located 4k feet from whp-re the tree emerges from the substrate. (6) "Established pattern of regular maintenance" means two or more events of trimming or pruning to approximately the same configuration where reasonable efforts have been made to maintain the configuration and the mangroves continue to live, grow, and produce leaves, flowers, and propagules. (7) "Department" means the Monroe County Planning Department or any division thereof or any sucessor department, which is the agency charged with administering this ordinance. (8) "DER" means the Florida Department of Environmental Regulation or any sucessor agency. (9) "Freeze -damaged mangroves" means mangroves that have suffered freeze damage but still have living material within the plant and that retain evidence of life. (10) "Freeze -killed mangroves" means mangroves that follow- ing six months after the last winter freeze fail to exhibit any visible signs of growth consisting of leaf or stem buds. (11) "Jurisdictional waters" means those surface waters and wetlands to their landward extent within DER's wetland resource jurisdiction, pursuant to Rule 17-312.030, FAC, and Rule 17-301.200 or 17-301.400, FAC. (12) "Mangrove" means any individual specimen, living or dead, of the species Avicennia P-erminans (black mangrove), Laguncularia racemosa (white mangrove), or Rhizonhora mangle (red mangrove). 7 (13) "Pneumatophore" means the aerial root structure typi- cally associated with Avicennia germinans (black mangrove) rising vertically from the spreading underground roots. (14) "Prop roots," also known as stilt roots, means the non -leaf producing structures which descend from the trunk and limbs of Rhizophora mangle (red mangrove). (15) "Selective trimming" means trimming which does not eliminate the biological integrity of the individual mangrove plant. Deposition of material which results from selective trimming activities, other than leaf and twig material that inadvertently falls into waters of the State, shall be regulated as filling which requires a wetland resource permit pursuant to Rule 17-312, FAC. Selective trimming does not include altering mangroves through the use of chemical defoliants. Trimming other than as provided in paragraphs (a) through (e) below will elimi- nate the biological integrity of individual mangrove plants and will be regulated as alteration pursuant to this ordinance. (a) trimming must be conducted only during the months of October, November, December, January, February, or March, and only one time each year on any individual mangrove. The config- uration attained by selective trimming may be maintained each year following the initial selective trimming during October, November, December, January, February, or March; (b) no limb may be cut which has a circumference greater than or equal to three inches, or a diameter greater than or equal to one inch, at the point of connection to the main truck, trunks, or branches of any tree; (c) no limbs may be cut from the upper half of the height of the mangrove; (d) no tree seven feet in height and under may be cut; (e) roots, including prop roots and pneumatophores, may not be disturbed.. (16) "Substrate"' means the soils, sediments, shell or rock in which the mangroves are growing. Sec. 4-39. Prohibitions. (1) No permit shall be issued for mangrove alteration activities which are conducted in whole or in part with chemical defoliants. (2) No permit shall be issued for the alteration of mangroves which are larger than twelve inches (12") dbh or thirty-seven inches (37") cbh. Sec. 4-40. Permit Procedures. (1) Unless exempted pursuant to Sec. 4-42 or unregulated pursuant to Sec. 4-37 of this ordinance, no person shall alter or allow or cause to be altered any mangrove in the unincorporated areas of Monroe County without first obtaining an approval from the Department in accordance with the provisions of this part. (2) An owner or an owner's designee desiring to alter mangroves in unincorporated Monroe County shall apply for ap- proval to do so or. application forms provided by the Department unless the proposed alteration is exempt pursuant to Sec. 4-42 or unregulated pursuant to 4-37 of this ordinance. (3) The Department may adopt less rigorous application re- quirements for maintenance trimming and minor trimming 6 applications, however, major applications for mangrove alteration must contain the information specified in paragraphs (a) through (f) below: (a) Site Plan - plan showing size, dimensions and shape of the parcel, footprint dimension, height of structure, and the location of the"mangroves to be trimmed. (b) Vegetative Analysis - identification of all vegetation in the trimming area, including all species of mangroves. (c) Method - the method that will be used to designate the trees to be trimmed and the means by which the trees will be trimmed. (d) Photographs - photographs taken of the trees before trimming including a replicable height scale. (e) Date - the proposed date of trimming work. (f) Application fees - such amounts as may be established by resolution of the Monroe County Board of County Commissioners from time to time. (4) With thirty (30) days after receipt of an application or receipt of additional information, the Department shall examine the application and notify the applicant of any apparent errors or omissions, and request such additional information as may be necessary for the processing of the application. (5) Within thirty (30) working days after an application has been determined to be complete by the Department, the Depart- ment shall take one of the following actions: 10 (a) Approve the application with or without specific conditions reasonably necessary to assure compliance with this ordinance. (b) Deny the application with an explanation of what changes, if any,,in the application are necessary for approval of the application. (c) Deny the application with reasons clearly stated. (d) Inform the applicant if the activity for which he seeks a permit is exempt or unregulated or qualifies for a general permit. (e) The Department's failure to timely act pursuant to this Sec. 4-40(5) shall constitute an approval of the permit applied for. (6) Any final decision of the Department made under this ordinance may be appealed by any person described in Sec. 9.5-521(b), Monroe County Code, to the Planning Commission and the County Commission pursuant to the procedure set forth in Sec. 9.5-521, Monroe County Code. The Planning Commission and County Commission shall assure that this ordinance is properly applied. Upon the effective date of ordinance No. 019-1993, such appeals shall be to the Planning Commission and hearing officer according to the procedure established in Sec. 9.5-521, Monroe County Code as amended by ordinance No. 019-1993. (7) Applications for mangrove alteration that involve dredge and fill activities or other activities which require a wetland resource permit, pursuant to Chapter 403, FS, and Rule 17-312, FAC, shall be processed by DER. 11 Sec. 4-41. Standards for Issuance or Denial of a Permit. (1) No permit shall be issued unless the applicant provides reasonable assurance that: (a) the water quality standards of Rule 17-302, FAC, will not be violated by or as a result of the proposed mangrove alteration; and (b) the proposed mangrove alteration is not contrary to the public interest or, for proposed mangrove alteration which may significantly degrade an Outstanding Florida Water (OFW) or is wholly or partly within an OFW, the proposed mangrove alteration will be clearly in the public interest. (2) In determining whether a project is not contrary to the public interest or is clearly in the public interest, the Depart- ment shall consider and balance the following factors: (a) whether the project will adversely affect the public health, safety, or welfare or property of others; (b) whether the project will adversely affect the conserva- tion of fish and wildlife, including endangered or threatened species, or their habitats; (c) whether the project will adversely affect navigation or the flow of water or cause harmful erosion or shoaling; (d) whether the project will adversely affect the fishing or recreational values or marine productivity in the vicinity of the project; (e) whether the project will be of a temporary or permanent nature; 12 (f) whether the project will adversely affect or enhance significant historical and archaeological resources under the provisions of Sec. 267.061, FS; and (g) the current condition and relative value of functions being performed by areas affected by the proposed activity. When an applicant proposes to alter previously unaltered and untrimmed mangroves in accordance with an established pattern of regular maintenance at a comparable location, the Department shall consider the current health of the mangroves at the comparable location, including whether or not the biological integrity of the mangroves..has been impaired. (h) whether the project is the continuation of a regular pattern of preexisting trimming. (3) If the applicant is unable to otherwise meet the criteria set: forth in subsections (a) and (b) of this section, the Department, in deciding to grant or deny a permit, shall consider measures proposed by or acceptable to the applicant to mitigate adverse effects which may be caused by the project. Mitigation within aquatic preserves will be subject to the specific mitigation provisions of Sec. 4-44, Monroe County Code. (4) The Department, in deciding to grant or deny a permit, shall consider: (a) the impact of the project for which the permit is sought; (b) the impact of the projects which are existing or under construction, or for which permits or jurisdictional determina- tions have been sought; 13 (c) the impact of the projects which are under review, approved, or vested pursuant to Sec. 380.06, FS, or other proj- ects which may reasonably be expected to be located within the waters of the County, based upon land use restrictions and regulations. (5) No permit shall be issued for alteration of mangroves by means of chemical defoliants. (6) No permit shall be issued for alteration of mangrove which: serves as breeding, nesting or roosting area for colonial water birds; or is used by endangered or threatened species for breeding, or which is routinely used by endangered or threatened species as listed in Rule 39-27, FAC, and 50 CFR 17.11-12; or contains a nest or nests of protected solitary nesting birds, as defined in Rule 39-12.002 or 39-27.002, FAC; except where a permit has been issued by the Florida Game and Fresh Water Fish Commission, or, where appropriate, the US Fish and Wildlife Service, to remove the nest or nests. (7) No permit shall be issued to alter of mangroves in OFW or mangroves that are directly landward of mangroves within OFW, except as provided herein and pursuant to Sec. 4-44, Monroe County Code (8) Except for subsequent alterations to maintain the height achieved pursuant to a valid permit, permitted mangrove alterations must be completed within one year of permit issuance, unless a longer time schedule is specifically authorized in the permit. Permits for mangrove alteration shall not be valid for more than five years. 14 LMJ (9) No alteration of mangroves shall be permitted in any portion of a parcel of land which is encumbered by a conservation easement granted to the County, or is within the limits of an area encumbered by a deed restriction or written agreement required by the County, or for which a preservation area has been established by a County permit to preserve the overall biological and water quality functions of the specific area, unless the mangrove alteration is specifically provided for in the conserva- tion easement, deed restriction, or other document which estab- lished the preservation areas or has previously been established. Sec. 4-42. Exemptions. (1) No permit under this ordinance is required for the alteration of mangroves by or for the following: (a) the alteration of mangroves by the owner of property which he or she owns or controls and on adjacent State-owned lands lying waterward of the parcel of property in conjunction with and as essential for any of the activities from wetland resource permit requirements by Sec. 403.813(2), FS, and Rule 17-312.050, FAC, or for alteration of mangroves conducted in conjunction with and essential for any of the activities au- thorized by a general permit issued by Chapter 17-312, FAC, provided that the alteration is limited to the minimal amount necessary to construct the works and provided that alteration of mangroves on state-owned lands may not be performed without the requisite approval of the Department; (b) the alteration of mangroves by personnel of State and local government agencies, including employees of mosquito 15 control districts, to clear access lines for determining juris- dictional boundaries or for conducting routine site inspections as a function of their governmental duties, provided such altera- tion is limited to a swath of three feet or less in width; (c) the alteration of mangroves by Federal, State, munici- pal or county agencies for the installation and maintenance of fences and for other maintenance practices which have the sole purpose of insuring safe driving or flying conditions within the rights of way or boundaries of existing public streets, highways and airports and the alteration of mangroves for performing geotechnical explorations associated with the construction, expansion, or maintenance of public streets, highways and air- ports. (d) the alteration of dead mangroves and the dead portions of live mangroves. Any apparently freeze killed mangrove or portion of freeze damaged mangrove which after a period of six months following the last winter freeze does not exhibit visible signs of growth consisting of leaf or stem buds, shall be deemed dead. Debris from the alteration of dead mangroves shall be disposed of in an upland location. This exemption shall not authorize the removal of the mangrove root system. The removal of the mangrove root system shall be regulated as dredging pursuant to Rule 17-312, FAC. (2) Plant material removed by the exempt mangrove altera- tion activities authorized pursuant to Sec. 4-42(1)(a) and (d) shall be disposed of in upland locations. Cut mangrove debris which results from the exempt mangrove alteration activities 16 authorized pursuant to Sec. 4-42(1)(b) shall be disposed of in an upland location to the greatest extent practicable, except for leaf and twig material which inadvertently drops into the water and except where the removal of the cut mangrove debris to uplands will cause additional damage to adjacent mangroves or to the sediments and grades of the mangrove substrate. (3) The exemptions listed in this section shall not apply to any dredging or filling associated with or resulting from the exempted activities. (4) The bark on the remaining trunk, limbs, or other branches shall not be damaged. (5) Pruning paint shall not be used. (6) No alteration,, -`of mangroves by means of chemical defoliants shall occur pursuant to this exemption. (7) No'alteration of mangroves pursuant to this exemption shall occur in any portion of a parcel of land which is encum- bered by a conservation easement granted subsequent to July 1, 1975, to Monroe County or the DER or is within the limits of an area encumbered by a deed restriction or written agreement required by the County or DER, or for which a preservation area has been established by a County or DER permit to preserve the overall biological and water quality functions of the specific area, unless the mangrove alteration is specifically provided for in this conservation easement, deed restriction, or other docu- ment which established the preservation area or where a preexist- ing pattern of trimming had been established. 17 eLMMMJ Loma (8) No permit under this ordinance is required for the alteration of mangroves not located in or directly landward of OFW which have been previously altered pursuant to an established pattern of regular maintenance, including those mangroves which have naturally recruited into the area previously altered, where said maintenance has been conducted prior to the effective date of this ordinance, and the altered mangroves continue to live, grow, and produce flowers, propagules and leaves; provided that continuing alteration does not exceed the limits of the estab- lished pattern of regular maintenance, provided that the mangroves are maintained at a height of not less than four feet, and provided that no prop roots are,altered or damaged. Leaves, twig material, limbs and, branches less than one -quarter inch in diameter resulting from such trimming may be placed in the jurisdictional waters where they fall. Limbs and branches greater than one -quarter inch in diameter shall be disposed of in an upland location. (9) No permit under this rule is required for the altera- tion of mangroves not located in or directly landward of OFW which have been planted on a parcel of property, including those mangroves which have naturally recruited within the area defined by the planted mangroves, for the purpose of maintaining a height of no less than six feet, provided that the mangroves were not originally planted to satisfy mitigation or restoration require- ments of the Department or any other governmental agency, that no prop roots are altered or damaged, and provided the alteration does not prohibit the mangroves from continuing to live, grow and IV] produce flowers, propagules and leave. Leaves, twigs, limbs and branches shall be disposed of in the same manner as stated in subsection (8) above. (10) In any dispute with regard to entitlement to the use of the exemptions in Sec. 4-42(1)(d), (8) and (9), the burden shall be on the entity owning or controlling the property to demon- strate and plead as an affirmative defense that the alteration qualifies for the exemption. This burden may be met by providing documentation including photographs, county or city mangrove permits, affidavits of prior property owners or eyewitnesses, or receipts or invoices from tree trimming, lawn service or compara- ble contractors which are accompanied by affidavits of the person doing the work detailing,'the extent of the work completed. In order to be entitled to use the exemptions in Sec. 4-42(1)(d), (8) and (9),, the entity owning or controlling the property must notify the Department in writing by certified mail within one year of effective date of this ordinance or within one year of planting, of the location and extent of the area eligible to be exempt and the basis for the exemption. The exemption shall be effective unless the Department disputes entitlement to use the exemption within 90 days of receipt of notification. Sec. 4-43. Variance Relief. Upon application, the Department may grant a variance from the provisions of this rule if compliance would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Relief shall be granted only upon demonstration by the landowner or affected party that such 19 hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the general intent and purpose of this rule. The Department shall grant variances as it shall deem appropriate. Sec. 4-44. Alterations Within OFW. (1) In addition to the provisions of Sec. 4-41, no permit shall be issued to alter mangroves in OFW or mangroves that are directly landward of mangroves within OFW except where necessary to allow governmental agencies to construct and maintain public facilities as a governmental function of the agency, or to allow the minimal alteration necessary to maintain navigation in existing navigable channels and canals, or where necessary to allow an upland owner limited ingress, egress and visual access to open waters. Alterations for such purposes, when accomplished in accordance with the provisions of this chapter, are deemed to be clearly in the public interest. The extent of mangrove alteration provided for in this Section represents the maximum which may be permitted by the County, which shall make every effort to issue permits for mangrove alteration in amounts less than the maximum amounts provided for in this section where such lesser amounts provide for reasonable ingress, egress, and visual access or where such lesser amounts are justified by the other permitting criteria of Sec. 4-41. For the purposes of this section: (a) limited ingress and egress for residential parcels shall be restricted to no more than a single pathway per parcel of property, or to multiple pathways spaced at a minimum of one 20 hundred feet apart, of no more than four feet wide,. which path- ways are meandered to cause the least amount of damage practica- ble to the mangroves, provided that no mangroves equal to or greater than one foot cbh or four inches dbh may be altered, and provided that access to the water cannot be provided by a dock or boardwalk facility. For non-residential parcels, limited ingress and egress may be permitted within the limits of areas which previously have been altered pursuant to a County or DER permit. For non-residential parcels which contain mangroves which have not been altered previously, alteration shall be allowed only where access is typically a part of the use and enjoyment of the facility and access to the water cannot be provided by a dock or boardwalk facility; (b) limited visual access shall be restricted to the alteration' of mangrove fringes which do not exceed a fifty foot width between the open water and landward extent of the area dominated by mangroves. In addition and for the purposes of this subsection (b): 1. except for freeze -damaged and freeze -killed mangroves, no mangroves less than seven feet in height shall be permitted to be altered. Mangroves taller than seven feet in height may not be reduced annually by more than 257 of the height or width of the dimensions of the individual tree canopy, based upon the unaltered configuration or upon the final configuration achieved from the previous year's permitted alteration, provided that at no time may mangroves be permitted to be reduced below 7 21 r feet in height. Heights shall be measured from the point where the trunk of the mangrove emerges from the substrate; and 2. for residential parcels, the shore parallel length of the mangrove area to be altered shall not exceed 1/2 of the dimension of the habitable portion of the dwelling or dwellings that face the mangroves, unless the mangrove area to be altered has been altered previously pursuant to a permit or exemption, or by alteration which was completed prior to May 21, 1985, in which case alteration may be permitted to continue within the length of shoreline that was previously altered to the height of the former alteration or to a minimum height of 7 feet, whichever is higher. The height shall be measured from the point where the trunk of the mangrove emerges from'the substrate: 3, for non-residential parcels, alteration may be permitted only where a view of the water typically is part of the use and enjoyment of the persons using the parcel. In addition, the shore parallel length of the mangrove area to be altered shall not be permitted to exceed the dimensions of the structure that faces the mangroves, or 50 feet, whichever is less, unless the mangrove area to be altered has been altered previously pursuant to a County or DER permit or exemption, or by alteration which was completed prior to May 21, 1985, in which case altera- tion may be permitted to continue within the length of the shoreline that was previously altered to the height of the former alteration or to a minimum height of 7 feet, whichever is higher. The height shall be measured from the point where the trunk of the mangrove emerges from the substrate; 22 4. with regard to existing structures under sub- sections (1)(b)(2) and (3) where the 7 foot height limitation would result in less than a 4 foot differential between the 7 foot height and the elevation of the first habitable floor measured at the midpoint of that lateral dimension of the struc- ture which faces the water, then the height limitation shall be 6 feet. (2) In addition to the provisions of subsection (1), mangrove alterations within aquatic preserves shall also be subject to the following: (a) no permit for altering mangroves within aquatic pre- serves shall be issued for visual access where the width of the mangrove fringe within -the aquatic preserve exceeds 30 feet, as measured from the approximate mean high water line (MHWL), or from the mangrove closest to and waterward of MHWL waterward along a line perpendicular to the MHWL along the base of the mangroves to the base of the most waterward mangrove; (b) all mangrove alteration within aquatic preserves shall be subject to the following minimum mitigation requirements: 1. the landowner shall plant mangroves on a minimum of 3-foot staggered centers along the property shoreline in an area at least three times as large as the area covered by the full canopies of the mangroves which are to be altered. This area shall additionally possess or shall be modified to possess elevations and conditions which are typically customarily suit- able for mangrove growth. The portions of the mangrove mitiga- tion area which are planted pursuant to this subparagraph 3 directly landward or waterward of the visual access area may be permitted to be maintained at a height of the visual access area. Such subsequent alteration of those portions of the mangrove mitigation area shall not be subject to the mitigation require- ments of this paragraph and shall not be subject to the fringe width limitations of subsection (1)(b)(2) or (3); 2. the minimum mitigation requirements of subsection (2)(b)(1) shall not be required, except for other mitigation which may be appropriate pursuant to section 4-41(3), Monroe County Code, if a landowner can provide sufficient documentation that the mangroves to be altered were planted or colonized the shoreline after the habitable dwelling that faces the mangroves on the parcel (residential or non-residential) was constructed. Sufficient, documentation may include receipts for invoices for purchased mangrove plants, receipts or invoices from contractors or consultants who planted the plants, or photographs of the area immediately prior to and immediately following the planting which clearly documents that the mangroves were planted; 3. in lieu of providing mitigation along the landown- er's shoreline pursuant to the requirements of subsection (2)(b)(1), mitigation may be conducted in other mitigation areas designated and approved by the County. At a minimum, this off -site mitigation shall consist of mangrove planting or exotic species removal to enhance, restore, or create mangrove wetlands within the aquatic preserve in which the project is located, and shall be designed to provide reasonable assurance that the off -site mitigation will offset the impacts of the project on 24 LMJ specific habitat functions that would be affected as a result of the project. The County shall not be prevented from determining that additional mitigation may be appropriate, pursuant to Sec. 4-41(3), in addition to the requirement of this subparagraph. 4. where the landowner, can provide documentation to demonstrate that the mitigation specified pursuant to subsections (2)(b)(1) and (3) cannot reasonably be accomplished, the Depart- ment may consider allowing the landowner to contribute an amount of money at least equal to what it would cost to provide the mitigation required to implement the provisions of subsections (2)(b)(1) or (3). The fund must be used to initiate or to supplement an ongoing, previously identified governmental wetlands enhancement project of a vegetative or restorative nature within the aquatic preserve in which the alteration is to take place. Expenditures from the fund must have endorsement of the County and the DNR; 5. the mitigation plans pursuant to subsections (2)(b)(1) and (3) shall include minimum success criteria, con- sisting of at least a survival of eighty percent or more of the planted mangroves after three years of the initial planting. If these criteria are not met, the landowner shall be required to conduct additional remedial actions, including but not limited to replanting, until the success criteria are met; 6. except for mitigation which may be appropriate pursuant to Sec. 4-41, the minimum mitigation requirements identified in subsections (2)(b)(1) - (5) may be superseded by other, specific alternate mitigation plan categories which are W protection plans, and which are approved by DNR during any review of the County's permit approvals. Sec. 4-45. General Permit for Limited Alteration of revious y PlaMed Mangrov'gs-in OFW (1) A general permit is hereby granted for a period of five years to the entity owning or controlling a parcel of property to alter mangroves in or directly landward of OFW in the limited manner as specified below: (a) the alteration of mangroves, which have been planted on a parcel of property, including those which have naturally recruited within the area defined by the planted mangroves, for the purpose of maintaining a height of no less than seven feet, unless another height was,previously authorized by either DER or the Department through a permit or consent order, provided that the mangroves were not originally planted to satisfy mitigation or restoration requirements of the Department or any other governmental agency, that no prop roots are altered or damaged, that alteration is performed during the months of October, November, December, January, February or March on any parcel of property and provided the alteration does not prohibit the mangroves from continuing to live, grow, and produce flowers, propagules and leaves; (b) the applicant shall provide to the Department suffi- cient documentation that the mangroves were previously planted. The documentation may include but not be limited to photographs, County permits, affidavits of prior property owners or eyewit- nesses, receipts of invoices for purchased mangrove plants, or 26 receipts or invoices from contractors or consultants who planted the plants; and (c) the alteration of previously planted mangroves on state-owned lands may not be performed without the appropriate consent of the Trustees of the Internal Improvement Trust Fund; and (2) This general permit shall not apply to alteration of mangroves in preparation for or in conjunction with any activity that requires a permit from the DER pursuant to Chapters 17-4, 17-45, and 17-312, FAC, except as provided in Sec. 4-42(1)(a). (3) this general permit shall be subject to the following specific conditions: (a) no dredging or filling shall take place in conjunction with the alteration of mangroves except as otherwise specifically authorized'by the DER or exempted by statute or DER rule; (b) bulldozers or other heavy equipment shall not be utilized to perform the limited alteration of mangroves au- thorized herein; (c) the limited alteration of mangroves shall be performed in a manner which prevents damage to mangroves outside the specific area authorized by the general permit and in a manner which does not otherwise result in the destruction, removal, or elimination of the portions of the mangroves which are to be left uncut; (d) leaves, twigs, limbs and branches less than one -quarter inch in diameter resulting from the limited alteration authorized by this general permit may be placed in the jurisdictional waters f 27 1 where they fall. Limbs and branches greater than one -quarter inch in diameter shall be disposed of in an upland location; (e) the permittee shall be responsible for securing all other necessary approvals from state and federal authorities having jurisdiction over the site of the alteration prior to undertaking any work pursuant to this general permit; (f) the bark on the remaining trunk, limbs or other branch- es shall not be damaged; (g) pruning paint shall not be used; (h) this general permit does not authorize alteration of mangroves on any portion of a parcel of land which is encumbered by a conservation easement granted to the County or the DER, or is within the limits of an area encumbered by a deed restriction or written• agreement required by the County or the DER, or for which a preservation area has been established by a DER permit to preserve the overall biological and water quality functions of the specific area, unless the mangrove alteration is specifically provided for in the conservation easement, deed restriction, or other document which established the preservation area; (i) this general permit does not authorize the alteration of any mangrove which: serves as breeding, nesting or roosting area for colonial water birds; or is used by endangered or threatened species for breeding, or which is routinely used by endangered or threatened species as listed in Rule 39-27, FAC, and 40 CFR 17.11-12; or contains a nest or nests of protected solitary nesting birds, as defined in Rule 38.12.002 or 39-27.002, FAC, except where a permit has been issued by the : A Florida Game and Fresh Water Fish Commission, or, where appropri- ate, the US Fish and Wildlife Service, to remove the nest or nests; (j) this general permit does not authorize the alteration of mangroves by means of chemical defoliants; (k) this general permit does not authorize the alteration of mangroves which existed at the site prior to the planting of mangroves or to the alteration of mangroves which naturally recruited into areas outside of the planted area. Sec. 4-46. General Permit for the Alteration of Man roves in an- a e lZesigential Canals Not Directly Connect;d to Class 11 Waters or to (1) A general permit is hereby granted to any applicant to alter mangroves as specified below in man-made residential canals constructed after January 1, 1957 and provided the mouth of the canal or canal system is not directly connected to Class ZI Waters or OFW. This general permit shall be valid only for the alteration of mangroves along canal shorelines owned or con- trolled by the applicant and on immediately adjacent mangrove fringes lying waterward of the parcel of property, provided all alteration occurs along the shoreline of a man-made residential canal. For the purposes of this section, a man-made residential canal shall include both those artificially created residential waterways which were totally dredged or excavated from uplands and do not overlap historic natural waters of the State, as well as residential canal systems which were not totally dredged or excavated from uplands. M 1 Iq The alteration of mangroves in man-made residential canals pursuant to the rules hall be limited to: (a) mangroves with a dbh of less than or equal to six inches or a dbh of less than or equal to two inches, provided: 1, no, tree is cut to a height of less than four feet above the substrate; 2. no trimming of the height of the mangroves is performed below a height of one foot above the top of the bank of 11 the canal which is not stabilized with an existing seawall, vertical seawall, or revetment, or below a height of one foot above the top of existing seawall, vertical seawall, or revetment which exist landward of the mangroves; (b) for those mangroves with a cbh of greater than six inches or a dbh of greater than two inches, trimming shall occur only to those limbs in the lower one-half of the tree, which limbs have a circumference of three inches or less, or a diameter of one inch or less, at their point of attachment to the main trunk, trunks, or branches of the tree, provided that roots, including prop roots and pneumatophores are not altered, and not tree that is less than six feet in height is cut. (2) This general permit shall be subject to the following specific conditions: (a) there shall be no dredging or filling associated with the alteration of mangroves except where associated with an activity which is exempt from dredge and fill permit requirements pursuant to Rule 17-312.050, FAC, and Section 403.813(2), FS, or activities in conjunction with and essential for any activity 30 I conducted pursuant to and in accordance with Rules 17.312.903, 17-312.804.17-312.805, 17-312.806, 17-312.816, 17-312.817, 17-312.818, FAC. (b) this general permit shall not be valid for the altera- tion of mangroves, in preparation for or in conjunction with any activity which requires a separate wetland resource permit from the DER pursuant to Chapter 403, FS; (c) this general permit shall not apply to any portion of a parcel of land which is encumbered by a conservation easement granted to the County or the DER, or is within the limits of an area encumbered by a deed restriction or written agreement required by the DER, or, for which a preservation area has been established by a DER permit to preserve the overall biological and water quality functions of the specific area, unless the mangrove alteration is specifically provided for in the conserva- tion easement, deed restriction, or other document which estab- lished the preservation area; (d) all mangrove alteration shall be performed by hand-held equipment without the use of bulldozers or other heavy equipment, unless associated with an activity which is otherwise specifical- ly authorized by DER or otherwise exempted; (e) alteration of mangroves shall be performed in a manner which prevents damage to mangroves outside the specific area authorized by this general permit; (f) State water quality standards shall not be violated by or as a result of the proposed mangrove alteration; 31 LMJ ti (g) debris from the alteration of mangroves shall be disposed of in an upland site, except that leaf and twig debris that inadvertently falls into water from the mangroves which are authorized to be altered which may remain in waters of the State; (h) the permittee shall be responsible for securing all other necessary approvals from local, State and federal author- ities having jurisdiction over the site of the alteration prior to undertaking any work pursuant to this general permit; (i) the bark on the remaining trunk, limbs or other branch- es shall not be damaged; (j) pruning pain shall not be used; (k) this general permit does not authorize alteration of mangroves by means of chemical defoliants; (1) this general permit does not authorize the alteration of any mangrove which: serves as breeding, nesting or roosting area for colonial water birds; or is used by endangered or threatened species for breeding, or which is routinely used by endangered or threatened species as listed in Rule 39-27, FAC, and 50 CFR 17.11-12; or contains a nest or rests of protected solitary nesting birds, as defined in Rule 39-12.002 or 39-27.002, FAC; except where a permit has been issued by the Florida Game and Fresh Water Fish Commission, or, where appropri- ate, the US Fish and Wildlife Service, to remove the nest or nests. Sec. 4-47. General Permit for the Continued Alteration of Mangroves in (1) A general permit is hereby granted for a period of five years to the entity owning or controlling a parcel of property to 32 alter mangroves in or directly landward of OFW which have been previously altered pursuant to a previously issued Department or DER permit or general permit, or previous DER or Department exemption, or an established pattern of regular maintenance, including those mangroves which have naturally recruited into the area previously altered, provided the alteration does not prevent the mangroves from continuing to live, grow, and produce flowers, propagules and leaves, according to the provisions specified below: (a) in the case of previously issued permits or exemptions, the alteration on the parcel of property shall be limited only to that necessary to maintain the height or configuration previously authorized; (b) in the case of an established pattern of regular maintenance,, the continuing alteration on the parcel of property shall not exceed the limits of the established pattern of mainte- nance, and the maintenance must have been conducted on a regular basis prior to the effective date of this ordinance. In no case shall the mangroves be maintained at a height less than six feet, unless another height was previously authorized by the Department or DER through a permit or consent order, nor shall any prop roots be altered or damaged. The applicant shall provide docu- mentation of the existence of an established pattern of mainte- nance prior to the effective date of this ordinance. The docu- mentation may include, but not be limited to, photographs, County mangrove permits, affidavits of prior property owners or eyewit- nesses, or receipts or invoices from tree trimming, lawn service 33 LMJ or comparable contractors which are accompanied by affidavits detailing the extent of the work completed; and (c) the alteration shall be conducted at least once each year to minimize the stress to the individual mangrove. (2) This general permit shall not apply to alteration of mangroves in preparation for or in conjunction with any activity that requires a permit from DER pursuant to Chapters 17-4, 17-312, or 17-45, FAC. (3) This general permit shall be subject to the following specific conditions: (a) no dredging or filling shall take place in conjunction with the alteration of mangroves except as otherwise specifically authorized by DER or exempted by statute or DER rule; (b) bulldozers or other heavy equipment shall not be utilized toy perform the limited alteration of mangroves au- thorized herein unless essential to the performance of the activity; (c) the limited alteration of mangroves shall be performed in a manner which prevents damage to mangroves outside the specific areas authorized by the general permit and in a manner which does not otherwise result in -the destruction, removal, or elimination of the portions of the mangroves which are to be left uncut; (d) leaves, twigs, limbs and branches less than one -quarter inch in diameter resulting from the limited alteration authorized by this general permit may be placed in the jurisdictional waters 34 where they fall. Limbs and branches greater than one -quarter inch in diameter shall be disposed of in an upland location; (e) the permittee shall be responsible for securing all other necessary approvals from state and federal authorities having jurisdiction over the site of the alteration prior to undertaking any work pursuant to this general permit; (f) the bark on the remaining trunk, limbs or other branch- es shall not be damaged; (g) pruning paint shall not be used; (h) this general permit does not authorize alteration of mangroves on any portion of a parcel of land which is encumbered by a conservation easement granted to the County or the DER, or is within the limits of PAn area encumbered by a deed restriction or written_ agreement required by the County or the DER, or for which a preservation area has been established by a DER permit to preserve the overall biological and water quality functions of the specific area, unless the mangrove alteration is specifically provided for in the conservation easement, deed restriction, or other document which established the preservation area; (i) this general permit does not authorize the alteration of any mangrove which: serves as breeding, nesting or roosting area for colonial water birds; or is used by endangered or threatened species for breeding, or which is routinely used by endangered or threatened species as listed in Rule 39-27, FAC, and 50 CFR 17.11-12; or contains a nest or nests of protected solitary nesting birds, as defined in Rule 39.12.002 or 39-27.002, FAC, except where a permit has been issued by the 35 Florida Game and Fresh Water Fish Commission, or, where appropri- ate, the US Fish and Wildlife Service, to remove the nest or nests; (j) this general permit does not authorize the alteration of mangroves by means of chemical defoliants; (k) this general permit does not authorize the alteration of mangroves on state-owned lands without requisite prior ap- proval of the Board of Trustees of the Internal Improvement Trust Fund. Sec. 4-48. Enforcement and Penalties. (1) Violations of this ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted. Such 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 $500 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. In addition violations of this ordinance may be prosecuted before the County's Code En- forcement Board or through any other means available under the laws of the State of Florida including suits for injunctive relief. (2) Each individual mangrove unlawfully altered under the provisions of this ordinance shall constitute a separate offense. (3) In addition to other penalties provided by law, resto- ration equal to no less than four times the number of mangroves altered or no less than four times the area of trimmed mangroves, 36 whichever is greater, shall be required for violation of this ordinance. (4) No development orders shall be issued to any violators of this ordinance until the violation(s) has been property abated to the satisfaction of the Department. (5) Mangroves used for mitigation, reforestation, and restoration purposes shall have no fewer than two lateral branch- es and be a minimum of two feet in height at the time of plant- ing. (6) No alteration shall be permitted for ten _years on mangroves that have been planted to abate violation of this ordinance or mangroves which have been found to be trimmed in violation of this ordinance. (7) A surety in a form acceptable to the County Attorney shall be posted for a minimum of two years to assure that the plant materials installed to abate a violation of this ordinance shall survive and that the natural habitat is maintained by regular removal of non-native competing vegetation. The amount of the surety shall be equal to 200 percent of the estimated cost of the necessary work required to abate the violation. (8) Violators of this ordinance shall pay for all costs to the County for the review of any reforestation or other mitiga- tion plan and for any required plan implementation inspections conducted by the County. The review and inspection fees shall be established by resolution of the County Commission and shall be sufficient to cover the expenses to the County. 37 (9) When a landowner in Monroe County utilizes a certified person or firm to conduct mangrove trimming, the landowner shall not be responsible for violation by the contractor of the terms of the permit rather the contractor shall be responsible for violation and any.,penalties and restoration. 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 in 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 the County of Monroe, 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 riled with said Office. Section 6. The Clerk of the Court is hereby directed to forthwith provide a certified copy of this ordinance to: The Department of Community Affairs, South Florida Region Planner/DRI Section,2740 Centerview Drive, Tallahassee, FL 32399; The Department of Natural Resources, Marjorie Stoneham Douglas Building, 3900 Commonwealth Blvd., Tallahassee, FL 32399; The Department of Environmental Regulation, Bureau of Water ku Resources Management, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, FL 32301; and The Department of State, Bureau of Laws, The Capitol, Tallassee, FL 32304; PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , A.D., 1993. Mayor London Mayor Pro Tem Cheal Commissioner Harvey Commissioner Freeman Commissioner Reich (SEAL) Attest: DANNY L.KOLHAGE, Clerk By Deputy Cier7 EFFECTIVE DATE viimangroves BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman APPROV,70 c. Date_- 39 PROOF OF PUBLICATION �..r THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared MARY LOU SOLLBERGER who d, oath, sa} thatslhe is d FINANCIAL DIRECTOR of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper p"lished atpARATHON, in —V MONROE COUNTY, FLORIDA; Ni O• that the attached copy of advertisement, being a NOTICE OF INTENTION TO CONSIDER ADOPTI04W-OF COUNTY 00 ORDINANCE IN THE MATTER OF CREATING CHAPTER 4, ARTICLE III MO. CO. MANGROVE PROTECTION was published in said newspaper in the issues of October 2 & 9, 1993 Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- paper has heretofore been continuously published in said MONROE COUN- TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been entered as second class mail matter at the post office in MARATHON, in said MONROE COUNTY, FLORIDA,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant fur- ther says that he has neither paid nor promised any person, firm, or corpo- ration any discount, rebate, commission or refund for the purpose of secur- ing this advertisement for publication in the said newspaper. (SEAL) SWORN TO AND SUBSCRIBED BEFORE ME THIS 22ND DAY OF OCTOBER A.D. 1993 0JON—ERIC DIJON !,,3,4*c)'y Comm Exp. 5127 7 5onded ay Servi; e Ins No, CC290i g7 11'-""Idf k nI ,pn 11 L!Ftr r. o. no.6060BDD OTICE OF CONSIDE ADOPTION TON OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday. October 20, 1993, at 3:00 p.m. at the Key Colony Beach City Hell, Key Colo- ny Beach, Florida, the Board of County Commissioners of Morn. roe County, Florida, intends to consider the adoption of the fol- lowing County ordinance; ORDINANCE NO. 1093 Pursuant to Section 286.0106, lorida Statutes, notice is giver, that if a Person decided to gipped any deaa— made by the 8oad h respec witt to any matter con- sidered! at such hearing or meet- ing, he will need a record of the Proceedings, and that, for such purpose, he may reed to ensure that a verbatim record of the pro- ceedi1 96 is made, which record mcludes the testimony and ev , to based. which the appoM is Copies of the above -referenced ordinance are evdlabls for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 27TH day of September, 1993. DANNY L KOLHAGE Clark Of the Circuit Court and ex oHicio Clerk of the Board of County Commissioners oI Monroe County, Florida Publish: Oct. 2, & 9, 1993 Florida Keys Keynoter SEAVINI3 THE UPPER KEYS FOR OVER 20 YEARS DAGNY WOLPF Editor k Publisher BOX 1197 • TAV E R N I E R, F LA. 33070 (305) 852-3216 FAX 852-8249 PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared _DAGNY WOLFF , who on oath, says that she is_EDITOR & PUBLISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a LEGAL AD. IN THE MATTER OF —NOTICE OF INTENTION IN THE Court, was published in said newspaper in the issues of 9/30 AND 10/7/93_. Affiant further says that the said 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 Us said advertisement for publication in the said newspaper. s SWORN TO AND SUBSCRIBED BEFORE ME THIS _7TH_DAYOF_OCTOBER_A.D., 1993_ )21AlGlr' NOTARY PUBLIC O V. e v ! �Q E6. NOTARY PUBLIC) STAII Of FLORIDA AT LAA41i MY COMMISSION EXPIRW COMMISSION M MRN MiLRUARY 95, 1"8 BONDED THRU AGENTS NOTARY 00JURAOr ; NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN (baton Wednesday,October20,1993 at 3:00 p.m. at the Key Colony Beach City Hall, Key Colony Beach,Florida, the Board of County Commission- ers of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. 1993 AN ORD] NANCE CREATING CHAPTER 4, ARTICLE I 11, MON- ROECOUNTY MANGROVE PROTECTION ORDINANCE, PROHIB- ITING THE ALTERATION OF MANGROVES WITHIN MONROE COUNTY; PROVIDING A PROCESS FOR PERMITTING MANGROVE ALTERATION; PROVIDING A STATEMENT OF POLICY AND IN- TENT; DEFINITIONS: PROHIBITIONS; APPROVAL PROCEDURES; STANDARDS FOR APPROVAL OR DENIAL OF AN APPLICATION; PROVIDING FOR SPECIES SPECIFIC MANGROVE TRIMMING STANDARDS; MITIGATION REQUIREMENTS; EXEMPTIONS; ENFORCEMENT; CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EF- FECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearing or meeting, 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 ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 23rd day of September, 1993. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published: 9/30 and 10/7/93 The Reporter Tavernier, FL 33070 El The Key West Citizen Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE: Before the undersigned authority personally appeared Randy Erickson,pwho on oath says that he is Advertising Manager of The Key West Citizen, a daily newspkper published at Key West in Monroe County, Florida; that the attached copy of the advertisement, being a legal notice in the matter of ur) Ur onnon c e, (T e a+I o in the court, was published in said newspaper in the issues of 5 e 3D ' 3 Affiant further says that the said The Key West Citizen is a newspaper published at 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 specified holidays) 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 preceding 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. u Sworn to and subscribed before me this day of ./�' SEAL 8t IC STA� �y� A Expires: l Personally Known or Produced Identification Type of Identification Produced (Signature of Affiant) i1041slci ature of Notary Public) Bette J. Push (Name of Notary Public) NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT'MAY CONCERN that on Wednesday, October 20, 1993, at 3:00 pm. at the Key Colony Beach .City Hall, Key Colony Beach, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County or- dinance: ORDINANCE NO. -1993 AN ORDINANCE CREATING CHAP- TER 4, ARTICLE III, MONROE COUNTY MANGROVE PROTEC- TION ORDINANCE, PROHIBITING THE ALTERATION OF MAN- GROVES WITHIN MONROE COUN- TY, PROVIDING A PROCESS FOR PERMITTING MANGROVE ALTER- ATION; PROVIDING A STATEMENT OF POLICY AND INTENT; DEFINI- TIONS; PROHIBITIONS; AP- PROVAL PROCEDURES; STAN- DARS FOR APPROVAL OR DENIAL OF AN APPLICATION; PROVIDING FOR SPECIES SPECIFIC MAN- GROVE TRIMMING STANDARDS; MITIGATION REQUIREMENTS; EX- EMPTIONS; ENFORCEMENT; CONFLICTING PROVISIONS; PRO- VIDING FOR SEVERABILITY; PRO- VIDING FOR REPEAL OF ALL OR- DINANCES INCONSISTENT HERE- WITH; PROVIDING FOR INCORPO- RATION INTO THE MONROE COUNTY CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS, THE DEPARTMENT OF NATURAL RE- SOURCES, THE DEPARTMENT OF ENVIRONMENTAL REGULATION, AND THE DEPARTMENT OF STATE; AND PROVIDING AN EF- FECTIVE DATE Pursuant to Section 286.0105, Flor- ida 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 hea?twj or meeting, he will need a rec ,Trt of the proceedings, and that, for such purpose, he may need to en- sure 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 27th day of September, 1993, DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida September 30, 1993 and October07, 1993 ___