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09/07/1993 Special/RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 93/362 Special Workshop/Regular Meeting Board of County Commissioners Tuesday, September 7, 1993 Key West A Special Workshop of the Monroe County Board of County Commissioners convened at 10:30 A.M., at Wing IV of the Public Service Building, Stock Island. Mayor and all Commissioners were present, with the exception of Commissioner Freeman. The Regular Meeting convened at 1:00 P.M. on the above date at Key West Courtroom B, Courthouse Annex . Present and answering to roll call were Commissioners Earl Cheal, Shirley Freeman, Wilhelmina Harvey, Mary Kay Reich, and Mayor Jack London. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. SPECIAL WORKSHOP Tim Miller, Information Systems Director, discussed Channel 16, and informed the Board that county -wide broadcasting would commence on November 1, 1993. The Kiosk system was discussed, and a demonstration was presented showing the capability of providing Government services to the citizens of Monroe County. The Special Workshop adjourned at 11:40 A.M. REGULAR MEETING All stood for the Invocation and Pledge of Allegiance. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey approving the addition of item G-2 regarding the Mariners Hospital Review Committee's projected meeting costs in the amount of $940.00 to $1,115.00, to the agenda. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Harvey approving the addition of item G-3 concerning 93/363 the adoption of a Resolution for a Voter Preference Referendum regarding the Florida Keys National Sanctuary Act, including a request that Congress be asked to suspend implementation of said act pending the outcome of the voter referendum. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor London Cheal Yes Freeman No Harvey Yes Reich Yes No Motion failed, pursuant to the Administrative Rules of the Commission, a motion to add an item to the Agenda must be unanimous. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to approve Additions, Corrections and Deletions. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval of the following: CONSENT AGENDA Adoption of the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation #91, Lots 3 and 45, Block 3, Lida Subdivision, Vaca Key, Monroe County, Florida, approximately mile marker 51. RESOLUTION NO. 308-1993 See Res. Book No. 117 which is incorporated herein by reference. Approval of signature authority for the County Administrator on the grant pre -application for federal assistance under the Florida Coastal Zone Management Act of 1972. DIVISION OF GROWTH MANAGEMENT Approval of the Annual Assessment of the Public Facilities Capacity Report for 1993. Approval to execute an agreement with the Florida 93/364 Department of Transportation, Contract No. AA505, to provide $50,000.00 in grant money for planning studies. Adoption of the following Resolution approving the Final Plat, as submitted by Kenneth Cianchette, for a subdivision to be known as "Sunrise Strip", consisting of eighteen (18) lots. The proposed subdivision, described as a replat of a portion of Sombrero properties subdivision, Sombrero Beach Road, Marathon, Section 10, Township 66 South, Range 32 East, Tallahassee Meridian, Boot Key, Monroe County, Florida. RESOLUTION NO. 309-1993 See Res. Book No. 117 which is incorporated herein by reference. COMMUNITY SERVICES Conceptual approval to fund public restrooms to support the Mooring Field Project for the City of Key West. COMMISSIONER'S ITEMS Adoption of the following Resolution expressing opposition to the proposed ad valorem millage increase of the South Florida Water Management District and expressing concern over the Everglades mediation statement of principles. RESOLUTION NO. 307-1993 See Res. Book No. 117 which is incorporated herein by reference. Board granted approval of the Mariners Hospital Review Committee's projected meeting costs in the amount of $940.00 up to $1,115.00. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Growth Management Director, Bob Herman, and Special Litigation Counsel, Jim Hendrick, addressed the Board concerning the approval of Affordable Housing Deed Restrictions submitted by Luis Falcon and Domingo Veloso. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Cheal granting the approval of the Affordable Housing Deed Restriction, deleting the word "inheritance" in Section IV, of the Deed Restrictions. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT 93/365 Growth Management Director, Bob Herman, serving as the Recovery Manager for Monroe County, discussed the status of the Hurricane Andrew relief assistance funding. Mr. Herman reported on the position of a Hearing Officer for Monroe County Land Use issues with the Division of Administrative Hearing, (DOAH). After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Freeman to conceptually approve the development of a contract with Division of Admisistrative Hearing (DOAH) for Hearing Officers. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor London Motion carried. Cheal Yes Freeman Yes Harvey Yes Reich No Yes Mr. Herman discussed the Four Foot Rule case in regards to Mr. Dan Jones, and the favorable ruling by the Governor and Cabinet relative to Mr. Jone's case. Mr. Herman discussed a ROGO case before the Department of Community Affairs on a rule challenge by Mr. Mattson and Associates; the status of the Jack Hill case ruling in which Monroe County was successful. Mr. Herman also discussed the status of a draft ordinance relative to Ordinance Nos. 016-1992, 031-1992, 032-1992 and of the ROGO Ordinances. After discussion, motion was made by Commissioner Cheal and seconded by Mayor London authorizing the advertisement of three Public Hearings concerning the adoption of an ordinance amending Ordinance 031-1992 and Sec. 6-40, Monroe County Code; Providing that a Building permit be required for each principal structure prior to construction; Providing for compliance with the Dwelling Unit Allocation Ordinance; Providing for expiration of building permits older than five (5) years; Providing for completion of structures which have received an approved framing inspection; Providing for declaration of public nuisance and requiring the completion or removal of principal structure(s) which have not received a certificate of occupancy within one (1) year of an approved framing inspection; Providing that the provisions of this ordinance shall control over any inconsistent provisions of the Monroe County Code; Providing for severability; Providing for repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. Roll call vote was unanimous. Special Litigation Counsel, Jim Hendrick, discussed the 93/366 Pigeon Key Lease with the Pigeon Key Foundation and the recent court ruling declaring the lease null and void, and made the following recommendations: Appealing the Court ruling; direct staff to renegotiate a backup lease and bring it back to the Board for reconsideration; determine what measures to be implemented by the Board regarding the Sunshine Law requirements. Richie Morretti and David Rice addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to move ahead with the Appeal and directed Staff to begin renegotiations of another lease. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich No Mayor London Yes Motion carried. DIVISION OF GROWTH MANAGEMENT/SOUNDING BOARD The following individuals addressed the Board concerning short-term and transient rentals of residential homes for commercial purposes: Charles R. Mills, Jr., David A. Ornstein, Eugene Paxton, H. Robert DeHaven, Eugene Shinkevich, Gustaf B. Johansson, Carol Fagan, Charles H. Vowels, III, Michael Fagan, Bettye Chaplin, H. T. Pontin, Theresa Collins, and Special Litigation Counsel, Jim Hendrick. Mr. Hendrick made the following recommendations: Direct Staff/Code Enforcement to enforce existing state licensing laws and local ordinances; formally request the state to enforce Chapter 509; organize groups, realtors, responsible professionals, and representatives of civic associations to formulate practical measures to curb the transient rental abuses, including methods of reporting problems; and if all of the above fails, direct staff to address the problems through zoning. 93/367 David Ornstein and Code Enforcement Director, Marty Arnold, addressed the Board. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Freeman accepting the above recommendations and directing the appropriate wording be provided at the next BOCC meeting for adoption. Roll call vote was unanimous. H. Robert DeHaven addressed the Board. Lorenzo Aghemo, Planning Director, and Attorney Jim Mattson, addressed the Board concerning the approval of Staff recommendation to deny an exemption to the Dwelling Allocation Ordinance (ROGO) for Curry Cove and Coral Coast. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman approving the Staff recommendation. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich No Mayor London Yes Motion carried. SOUNDING BOARD Delores Bia.lk addressed the Board concerning a noise problem. No official action was taken. Mike Grodzinski addressed the Board concerning input for a referendum on the sanctuary issue to gauge public opinion. A six minute video, showing two dive sites, was presented. Gail Feddern, Geoffrey Chapman, P.T. Rampy, and Pauline Klein also addressed the Board. The following people addressed the Board concerning public input to the Sanctuary Management Plan process and advisability of putting the Florida Keys National Marine Sanctuary to Monroe County referendum - Center for Marine Conservation: Marcy Roth, Harold E. Nugent, Tanya Feddern, H. T. Pontin, Henry Feddern, and Debra Harrison, representing The Wilderness Society, addressed the Board. The Board held discussion, no official action was taken. PUBLIC HEARINGS A Public Hearing was held regarding the proposed FY 94 93/368 Residential Solid Waste Collection, Recycling and Disposal Rates. Environmental Management Director, Barry Boldissar, addressed the Board. There was no public input. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to continue to the September 9, 1993, Budget Workshop at 5:05 p.m., at the Plantation Key Government Center, Courtroom A, 88820 Overseas Highway, Tavernier, Florida. Motion carried unanimously. A Public Hearing was held regarding the proposed FY 94 Commercial Solid Waste Collection, Recycling and Disposal Rates. Environmental Management Director, Barry Boldissar, addressed the Board. There was no public input. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to continue to the September 9, 1993, Budget Workshop at 5:05 p.m., at the Plantation Key Government Center, Courtroom A, 88820 Overseas Highway, Tavernier, Florida. Motion carried unanimously. A Public Hearing was held to discuss the FY 94 Tentative Budget. County Administrator, Tom Brown, discussed the tentative individual and aggregate millage rates of 7.1656 or 3.4% over the rollback rate. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to approve an $800,000.00 increase requested by the Sheriff with no increase to the ad valorem rate due to an offset by excess fees. Motion carried unanimously. Motion was made by Mayor London and seconded by Commissioner Harvey directing the Administrator to come back with a menu of proposed areas to further reduce the budget. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor London to tentatively adopt the tentative millage rates and budgets reflecting an aggregate millage rate of 7.1656%, and to continue to the September 9, 1993, Budget Workshop at 5:05 P.M., at the Plantation Key Government Center, Courtroom A, 88820 Overseas Highway, Tavernier, Florida. Said tentative millage rates and budgets are attached hereto and made a part hereof. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman adopting the following Resolution to the Department of Revenue, The Florida Association of Counties, The State Association of County Commissioners, as well as other agencies, expressing concern over the recent change in format in the Notice of Proposed Property Taxes. Motion carried unanimously. RESOLUTION NO. 310-1993 f See Res. Book No. 117 which is incorporated herein by reference. 93/369 SOUNDING BOARD A discussion of an ingress/egress easement and beautification permit, regarding property leased from Monroe County at 107th Street and US 1, Marathon, Florida was held by E. Michael Houtte, of Keys Woodworkers, Inc. Community Services Director, Peter Horton, and Growth Management Director, Bob Herman, addressed the Board. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Harvey directing Staff to draft appropriate documents for the ingress/egress easement and beautification permit. Motion carried unanimously. Nelson and Star Garcia of Garcia Cleaning Services, and Public Works Director, Dent Pierce, addressed the Board concerning giving locals preference on contracts for janitorial bids. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to award the bid to Garcia Cleaning Services. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman No Commissioner Harvey Yes Commissioner Reich Yes Mayor London No Motion failed. A discussion of an alternative airport design for the Key West International Airport was held. Architects Wayne Jessup and Sienna Leon, and Community Services Director, Peter Horton, addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal requesting Staff to evaluate the proposal from Architects Wayne Jessup and Sienna Leon as to cost, feasibility, hurricane vulnerability, and in conjunction with the present architect. Roll call vote was unanimous. PUBLIC HEARINGS The continuation of Public Hearing was held concerning the adoption of the following ordinance amending the Building Code by providing that all major structures (except for mobile homes) in Monroe County be designed pursuant to the wind design requirements of ASCE (American Society of Civil Engineers) Standard #7; using a minimum fastest mile wind velocity of 115 MPH; Amending the Building Code by adding a minimum roof sheathing requirement of 5/8" APA rated plywood sheathing exp 1 or 2, fastened to the framing by a minimum of 8d corrosion resistant nails 6" OC on the edges and 6" OC in the field; Providing for severability; Providing for repeal of all 93/370 ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing for an effective date. Motion was made by Commissioner Harvey and seconded by Commissioner Cheal to read by title only. Motion carried unanimously. County Attorney, Randy Ludacer, read by title only. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 024-1993 See Ord. Book No. 31 which is incorporated herein by reference. A Public Hearing was held to consider the adoption of the following ordinance prohibiting the sale, or offering for sale of foods or beverages from within any County Road, street right-of-way in unincorporated Monroe County., Florida; Providing for a waiver of the prohibition if certain conditions are met; Providing a procedure for granting such waivers; Providing for penalties for violations; Providing for severability; Providing for repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to read by title only. County Attorney, Randy Ludacer, read by title only. Susan Tolpa, Freeman K. Bateman, Jr., and Marcelene J. Tarvin, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to withdraw the Ordinance. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to continue to the next regularly scheduled Board meeting of September 28, 1993 at 3:00 P.M., Key Largo Library, Public Hearings section, the adoption of the following Ordinances: An Ordinance amending Sec. 6-16(a), Monroe County Code, by an ordinance adopting the 1993 amendment to the 1991 Standard Building Code as part of that code applicable in the unincorporated areas of Monroe County; Providing for severability; Providing for repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. An Ordinance amending Sec. 6.6-6(a) Monroe County Code, by an ordinance adopting the 1992 and 1993 amendments to the 1991 Standard Fire Prevention Code as part of that code applicable in the unincorporated areas of Monroe County; Providing for severability; Providing for repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. An Ordinance amending Sec. 6-206 Monroe County Code, by 93/371 an ordinance adopting the 1993 amendments to the 1991 Standard Gas Code as part of that code applicable in the unincorporated areas of Monroe County; Providing for severability; Providing for repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. An Ordinance amending Sec. 6-256 Monroe County Code, by an ordinance adopting the 1993 amendments to the 1991 Standard Mechanical Code as part of that code applicable in the unincorporated areas of Monroe County; Providing for severability; Providing for repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. An Ordinance amending Sec. 6-271, Monroe County Code, by an ordinance adopting the 1993 amendment to the 1991 Standard Plumbing Code as part of that code applicable in the unincorporated areas of Monroe County; Providing for severability; Providing for repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. An Ordinance amending Sec. 6-16.3 Monroe County Code, by an ordinance adopting the 1993 amendments to the 1991 Standard Swimming Pool Code as part of that code applicable in the unincorporated areas of Monroe County; Providing for severability; Providing for repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Growth Management Director, Bob Herman, addressed the Board concerning the discussion of personal hurricane refuges. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to continue the discussion of personal hurricane refuges to the October 19, 1993, at the Key Colony Beach City Hall. Motion carried unanimously. Susan Olsen, of the Key West Art and Historical Society addressed the Board concerning the selection and ranking of Intermodal Surface Transportation Efficiency Act (ISTEA) grant proposals. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to rank the ISTEA Transportation Enhancement Applications listing, which is attached hereto and made a part hereof, in the revised ranking order. Roll call vote was taken with the following results: 93/372 Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. Holly Larsen, of the Monroe County Planning Department, and David Rice, representing the Pigeon Key Foundation, Inc., addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman approving the list of 25 Proposed Enhancement Projects, as amended, which is attached hereto and made a part hereof. Motion carried unanimously. Charles Schafstall, David L. Shanks, and Robert Logel, addressed the Board concerning the consideration of Parks and Recreation Board's recommendation to purchase lands in order to eliminate the level of service deficiency of activity -based parkland in the Upper Keys. Motion was made by Commissioner Reich to proceed with appraisals on the 14 acres known as Port Largo Subdivision, Forth Addition, (Marr property). Motion died for lack of a second. COMMUNITY SERVICES Community Services Director, Peter Horton; Office of Management and Budget Director, Melonie Bryan; Ted Hommel, representing Avis Rent A Car; Richard P. Ketcham and Brad Harrellson, representing, Hertz Corporation; and Scott Nieman, representing Budget Rent-A-Car, addressed the Board concerning the approval to award bids to Hertz Corporation and Budget Rent- A-Car Corporation for space at the Key West International Airport. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to award the bid for space at the Key West International Airport to Budget Rent-A-Car and delay consideration of Hertz Corporation until receipt of a report from the County Attorney. Motion was withdrawn. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Freeman to continue this item to the September 8, 1993 Board Meeting at 4:00 P.M. Motion carried unanimously. MISCELLANEOUS Stephanie A. Walters, Administrator of the Monroe County Public Health Unit, addressed the Board concerning the approval to lease property located at 7993-7999 Overseas Highway, Marathon, Florida, for the HRS/Monroe County Public Health Unit. 93/373 Motion was made by Commissioner Harvey and seconded by Commissioner Reich granting approval of the execution of a Business Lease Agreement between HRS/Monroe County located at 7993-7999 Overseas Highway, Marathon, Florida, for the Monroe County Public Health Unit. After further discussion, motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve execution of the Business Lease Agreement with an Amendment to have a year-to-year provision substitute for the term of the lease; instead of 3 years, a 1 year lease with 2 successive options with the same terms and conditions. Roll call vote was taken with the following results on the amendment: Commissioner Commissioner Commissioner Commissioner Mayor London Cheal Yes Freeman Yes Harvey No Reich No Yes Motion carried. Roll call vote on the motion as amended was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. Motion was made by Mayor London and seconded by Commissioner Reich to reconsider. Roll call vote was unanimous. Motion was made by Mayor London and seconded by Commissioner Harvey granting approval of the execution of the Business Lease Agreement between HRS/Monroe County Public Health Unit. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. Stephanie A. Walters, Administrator of the Monroe County Public Health Unit addressed the Board concerning the approval to include construction of a new 3500 square foot Marathon HRS facility in the County's Capital Improvements Program. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey directing Staff to evaluate and come back to the Board with a recommendation providing for a Marathon HRS Facility in the Capital Improvements Program. Motion carried unanimously. 93/374 DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution amending Resolution No. 117-1993 regarding Building Permit Fees in order to revise Permit Application Fees pursuant to Monroe County Ordinance No. 031-1992, to reflect a change in non-refundable Permit Application Fees from $250.00 to $1,500.00 for new commercial buildings, multi -family buildings, and duplexes; $750.00 for conventional single family residences; and $500.00 for modular homes. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor London Motion carried. Cheal Yes Freeman Yes Harvey Yes Reich No Yes RESOLUTION NO. 311-1993 See Res. Book No. 117 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Mayor London granting approval of the submission of a proposal to EPA to extend the grant period and amend the scope of the Alternative Wastewater Treatment Demonstration Project. Roll call vote was taken with the following results: Motion carried. Commissioner Commissioner Commissioner Commissioner Mayor London Cheal Yes Freeman Yes Harvey Yes Reich No Yes COMMUNITY SERVICES Community Services Director, Peter Horton, presented a written report. Mr. Horton addressed the Board concerning a discussion and review of the Vegetation Management Plan for Key West International Airport. No official action was taken. There being no further business, the meeting was � adjourned. 93/375 Clerk to the Board of County Commissioners of Monroe County 4.).) C- Deputy Clerk Description --------------------------------- County/Wide Services -------------------- General Fund: Library Other Total General Fund Fine a Forfeiture Fund Local Health Unit Total County/Wide Services Other Service Areas ------------------- Unincorporated Area Tax Dist: Planning, Building, Code Enforcement and Fire Marshal Parks And Beaches Total Uninc Area Tax Diet Translator District Trauma Care District 3 Mariner's Hospital District Fire And Ambulance Districts: District 1 District 5 District 6 Total Fire a Ambulance AGGREGATE MILLAGE RATE Increase over Rolled -Back Rate SCHEDULE OF MILLAGE RATES AND PROPERTY TAXES 2994 MILLAGE RATES - TENTATIVE BUDGET Fiscal Year 1992 Approved -------------------------------- Rolled-Back Millage Rate Rate Amount 0.1642 0.1156 747,341 1.3180 1.3694 8,853,011 ------------------------------ 1.4822 1.4050 9,600,352 3.3701 3.3493 21,652,835 0.0361 0.0355 229,503 4.8884 4.8698 31,482,690 0.4302 0.6072 2,775,810 0.0328 ----------- 0.1014 ------- 463,549 0.4630 0.7086 ------------ 3,239,359 0.1563 0.1164 696,094 0.4786 0.5000 1,257,708 0.0000 0.0000 0 1.3465 1.1913 3,136,725 0.7615 1.0202 615,164 1.1175 0.3659 295,549 -------- ------------ N/A N/A 4,047,438 6.3116 6.2992 40,723,289 ........... .aa_aaa .__...aa_a_a -0.20% Adopted -------------------------------- Rolled-Ba k Millage Rate Rate Amount 0.1157 0.1483 966,365 1.3710 1.8141 11,821,187 ------------------------------ 1.4867 1.9624 12,787,552 3.3533 3.6592 23,844,379 0.0357 0.0349 227,418 4.8757 5.6565 36,859,349 0.6061 0.4452 2,054,101 0.1012 0.1205 558,680 0.7073 0.5657 2,622,781 0.1167 0.0628 274,843 0.4985 0.5000 1,285,061 0.0000 0.6850 2,749,144 1.1891 0.4796 1,274,401 0.9976 0.4510 288,869 0.3653 0.0000 0 ------------------ ------------ N/A N/A 1,563,270 6.3089 6.8061 44,354,448 7.88%4 --------------------------------- "Includes newly created Mariner's Hospital District 09/07/93 r-1sca1 Iear 1994 Tentative --------------------------------- Rolled-Back Millage Rate Rate Amount 0.1510 0.1859 1,204,013 1.8469 1.2967 8,398,297 ----------- -------- ------------ 1.9979 1.4826 9,602,310 3.7253 4.2020 27,214,963 0.0355 0.0434 281,087 5.7587 5.7200 37,098,360 0.4558 0.4081 1,875,348 0.1234 0.0814 374,059 0.5792 0.4895 2,249,407 0.0633 0.0713 314,124 0.5285 0.2500 617,224 0.7243 0.6850 1,579,628 0.4748 1.2565 3,420,572 0.4466 0.5580 367,201 0.0000 0.7846 663,038 ----------- -------- ------------ N/A N/A 4,450,811 6.9297 7.1656 46,409,554 + +W/ funds to implement CODY Study --------------------------------- Percent Increase Over Rolled -back -25.79% 12.80% 22.25% -0.53% -15.49% 12.64% -52.70% -5.43% 164.64% 24.94% 784.60% 3.40% General Fund #001 27,663,729.00 Supplement to General Fund #002 - 1,461,721.00 Community Development Blck Grt #100 112,802.00 Fine & Forfeiture Fund #101 32,044,969.00 Road and Bridge Fund #102 12,215,199.00 Law Library Fund #103 32,264.00 TDC Fund #107 73 873 ,858 .00 TDC Fund #108 TDC Fund #109 185,,85880.00.00 TDC Fund #110 207,127.00 TDC Fund #111 284,607.00 TDC Fund #116 3,208,805.00 TDC Fund #117 2,902,917.00 TDC Fund #118 233,992.00 _ TDC Fund #119 , 348,842.00 TDC Fund #120 369,162.00 TDC Fund #121 606,076.00 Fair Share Trust Fund #130 7,893,226.00 Fair Share Trust Fund #131 586,070.00 Fair Share Trust Fund #132 513,084.00 Fair Share Trust Fund #133 473,118.00 Fair Share Trust Fund #134 406,125.00 Fair Share Trust Fund #135 58,737.00 Diet 1 Fire & Amb Fund #141 4,726,261.00 Translator Fund #142 503,090.00 Upper Keys Trauma Fund 1144 4,324,360.00 F&A District 5 Fund #145 533,117.00 F&A District 6 Fund #146 839,824.00 Uninc. Pke & Bchs Fund #147 606,147.00 Ping/Bldg/Code Fund #148 4,935,238.00 E 911 Fund #150 316,165.00 Mariner's Hospital District Fund #151 2,855,698.00 Duck Key Security Dist Fund #152 81,800.00 Local Housing Assistance #153 517,054.00 1983 Bond Debt Service Fund #202 1,310,226.00 1988 Bond Debt Service Fund #203 1,171,120.00 1991 Bond Debt Service Fund #205 7,456,298.00 Capital Projects Fund #301 370,192.00 Capital Projects Fund #303 98,157.00 Capital Projects Fund #304 19,739,024.00 Capital Projects Fund #305 3,041,475.00 Card Sound Road Fund #401 3,966,394.00 Card Sound Road Debt Service Fund #402 382,715.00 Marathon Airport O&M Fund #403 450,178.00 Key West Airport O&M Fund #404 1,386,598.00 Municipal Svc Txing Dist Fund #414 21,323,011.00 Municipal Svc Debt Svc Fund #415 5,357,561.00 Workers Compensation Fund #501 2,150,005.00 Group Insurance Fund #502 7,691,721.00 Risk Management Fund #503 2,964,152.00 Central Services Fund #504 1,343,520.00 Law Enforcement Trust Fund #600 47,208.00 Shared Cty/St Health Care Fund #601 4,678.00 Court Facilities Trust Fund #602 231,350.00 Clerk's Drug Abuse Trust Fund #603 22,573.00 Total - All Funds 193,513,323.00 09/07/93 Recommended Ranking ISTEA TRANSPORTATION ENHANCEMENT APPLICATIONS STAFF RECOMMENDED RANKING OF ALL PROJECTS FOUND ELIGIBLE AS OF AUGUST 27,1993 Project Description 1 Customs House Restoration 2 Pigeon Key Restoration 3 Sugarloaf Bike Path 4 Upper Matecumbe Ped.Path 5 Big Coppitt Drainage/ Landscaping 6 Overseas Heritage Trail - Research 7 Billboard Removal (Several) 8 Billboard Removal (One) 9 Indian Key Bike/Landscaping 10 Craig Keys Landscaping 11 Heritage Monument Trail Location Front St.,K.West Pigeon Key Burnt -out Bridge Rd. Both sides, U.S.1 U.S.1, North Side County wide Boca Chica Lower Matecumbe Indian Key Fill Bayside, Craig Key Upper Matecumbe Contact organization KW Art & Hist.Soc. Pigeon Key Found. County Planning County Engineering County Engineering National Center/ Shipwreck Res. County Planning County Planning County Planning County Planning Matecumbe Historical Board e The Key West Citizen,- w Published Daily z x :r Key West, Monroe County, Florida 330� ,_ ... cr STATE OF FLORIDA COUNTY OF MONROE: Before the undersigned authority personally appeared Randy Erickson, who on oath says that he is Advertising Manager of The Key West Citizen, a daily newspaper published at Key West in Monroe County, Florida; that the attached copy of the advertisement, being a legal notice in the matter of in the issues of court, was published in said newspaper in the 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. l./ Sworn to and subscribed before me this day of FCC`CpUb,pi+ �CYiARY UG.151995 SEAL lNDV�C, GL- DONVED Expires: Personally Known �_ or Produced Identification Type of Identification Produced (Signature of Affiant) 1993. (Sign- • • • Bette J. Pusil (Name of Notary Public) NOTICE OF PUBLIC HEARING MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Discussion will be the Fiscal Year 1994 Budget Tuesday, September 7, 1993 - 5:05 p.m. Courtroom B 500 Whitehead St., Key West, FL 33040 9/5/93 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, September 7, 1993, at 3:00 P.M. in Courtroom "B", 500 Whitehead Street, Key West, 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 PROHIBITING THE SALE OR OFFERING FOR SALE OF FOODS OR BEVERAGES FROM WITHIN ANY COUNTY ROAD OR STREET RIGHT OF WAY IN UNINCORPORATED MONROE COUNTY, FLORIDA; PROVIDING FOR A WAIVER OF THE PROHIBITION IF CERTAIN CONDITIONS ARE MET; PROVIDING A PROCEDURE FOR GRANTING SUCH WAIVERS; PROVIDING FOR PENALTIES FOR VIO- LATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE 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 hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above -referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this loth day of August, 1993. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 28, 1993 Bulk Item: Yes X No Division: County Attorney Department: County Attorney AGENDA ITEM WORDING: Approval to advertise an ordinance prohibiting the sale or offering for sale of foods and beverages within any County road or street right of way; providing for waivers, etc. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: At the May 26, 1993, meeting the BOCC directed preparation of an ordinance regarding this matter. STAFF RECOMMENDATION: Approval to advertise. TOTAL COST: BUDGETED: Yes No Cost to County: APPROVED BY: County Atty X OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: =' ignature DOCUMENTATION: Included X To Follow Not Required�� Agenda Item # DISPOSITION: Commissioner Reich (BCC version) I ORDINANCE NO. -1993 AN ORDINANCE PROHIBITING THE SALE OR OFFERING FOR SALE OF FOODS OR BEVERAGES FROM WITHIN ANY COUNTY ROAD OR STREET RIGHT OF WAY IN UNINCORPORATED MONROE COUNTY, FLORIDA; PROVIDING FOR A WAIVER OF THE PROHIBITION IF CERTAIN CONDITIONS ARE MET; PROVIDING A PROCEDURE FOR GRANTING SUCH WAIVERS; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the sale of food and beverages from within road and street rights of way create traffic hazards particularly on narrow County roads; WHEREAS, vehicles or carts selling food and beverages are particularly attractive to children who are especially vulnerable to vehicle versus pedestrian or bicycle tragedies; and WHEREAS, in the interest of the public health, safety and welfare, the County Commission has determined that the use of County road or street rights of way for the sale of food or beverages should be prohibited except in those areas where traffic congestion and the configuration of the right of way will permit such sales without danger to the public; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: I Section 1. It is unlawful to sell or offer for sale any food or beverage for human consumption from any motor vehicle or any vehicle or cart of any kind on any County road or street right of way within the unincorporated area of Monroe County, Florida. Section 2. a) The County Commission may waive the prohibition set forth in Section 1 of this Ordinance upon the application of any person. In order to waive the prohibition the County Commission, at a public hearing, must determine that: 1. The portion or portions of County right of way desired as the sales site or sites have shoulders of sufficient width that the placement of the vendor's vehicle, motor vehicle or cart on the shoulders will not create a traffic hazard; 2. The proposed sale site or sites will not endanger children; 3. Sales at the proposed site or sites will not create a nuisance to nearby property owners. b) In making its determination, the County Commission shall consider the arguments of the applicant for the waiver and any person opposed. The County Commission may also rely on the advice of the County Engineer and Planning Director or members of their respective staffs as well as all other evidence, whether written or oral, of a type commonly relied on by reasonably prudent persons in the conduct of their affairs, whether or not such evidence would be admissible in a trial in the courts of 2 I Florida, and whether offered by County staff, the applicant, or persons in favor or opposed. However, the Mayor may exclude irrelevant, immaterial or unduly repetitious evidence. c) The County Commission's determination with regard to the requested waiver shall be reduced to writing and shall state the facts and law relied upon in reaching the determination. Copies of the written determination shall be sent to the appli- cant and any persons opposed. The determination shall constitute the final administrative action of Monroe County. d) The County Administrator shall be responsible for scheduling the waiver applications for public hearing before the County Commission. However, the applicant shall be responsible for, and shall pay for, published notice of the time, date, and place of the public hearing, and the notice required by Sec. 286.0105, Fla. Stat. The notice shall be published at least 15 days in advance of the hearing date and shall be a quarter page advertisement in The Key West Citizen, The Keynoter and The Reporter and shall not be placed in that portion of the newspapers where legal notices and classified advertisements appear. The notice shall also contain a map showing the location of the proposed sale site(s). The notice requirement is jurisdictional and may not be waived. e) The following minimum conditions shall apply to all waivers granted: 1. Hours of operation shall be sunrise to sunset; 2. No motor vehicle shall back up along any street or road 3 I except for emergency conditions; and 3. All vehicles, motor vehicles, and carts shall stay on the shoulder of the road or street while making sales and park as safely as possible to the edge of the shoulder on the right side of the street or road. 4. An applicant granted a waiver shall at all times when conducting business pursuant to that waiver keep and maintain the following insurance policies: a) Comprehensive General Liability, with minimum combined single limtis of $300,000 per occurrence for bodily injury and property damage. the County shall be named as an additional insured. b) If motor vehicle is licensed for road use, Auto Liability with minimum limits of $100,000 per person$300,000 per accident for bodily injury and $100,000 per accidnt for property damage, naming the County as an additional insured. 5. An applicant granted a waiver shall at all times when conducting business pursuant to that waiver keep and maintain all applicable licenses required by the State of Florida and the County for the sale of food and beverages from a vehicle, motor vehicle or cart. f) The County Commission may also attach additional or more restrictive conditions to any waiver which the County Commission deems necessary to assure that the criteria of Sec. 2(a)(1)-(3) are met. 4 Section 3. a) Violations of this ordinance may 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 sixty days or by both such fine and imprisonment. b) Violations of this ordinance may also be prosecuted before the County Code Enforcement Board or through any other process available under the laws of the State of Florida includ- ing suits for injunctive relief. Section 4. 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 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. 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. 5 4 M Section 7. I This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman EFFECTIVE DATE viifoodcarts t AtsorrWs OYice PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Twice Weekly ;j MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared MARY LOU SOLLEBERGER who on oath, says that she is FINANCIAL DIRECTOR of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being a NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE IN THE MATTER OF: PROHIBITING SALE OF FOODS OR BEVERAGES FROM WITHIN COUNTY ROADS... was published in said newspaper in the issues of AUGUST 14 & 21, 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 public41'hDn of the -attached copy of advertisement; and affiant fur- ther says;t�at h�has neither paid nor promised any person, firm, or corpo- ration an}Idisc(Pjnt, rebate,, commission or refund for the purpose of secur- ing this advertitsement f f blication in the said newspaper.(SEAL) W M SWORN TO AND SUBSCRIBED BEFORE ME THIS 24 t h DAY OF AUGUST A.D. 1993 _Z+9/ — �' ------------------------- JON—ERIC EHTON NOTARY MY Comm Exp, 5/27/97 PUBLIC Bonded'uy Service Ins y�0 OF *V No. CC290087 rrerswdy Knurl I ) Other 1, D. no. 6377500 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, September 7, 1993. at 3:00 p.m. in Courtroom "B", 500, Whitehead Street, Key West, Monroe County, Florida, the Board of County Commis- sioners of Monroe County, Flori- da, intends to consider the adop- tion of the following County ordi- nance: ORDINANCE NO. 1993 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 con- sidered at such hearing or meet- ing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence 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 1 OTH day of August, 1993. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publish: Aug. 14, & 21, 1993 Florida Keys Keynoter AUG �a 1g$ERVING THE UPPER KEYS DAGNY WOLFF FOR OVER 20 YEARS Editor& Publisher BOX 1197 • TAVERWER, FLA.33070 (105) 852.3216 PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undcrsigned 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 8719 and 8 / 2 6/ 9 3 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 this said advertisement for publication in lie said newspaper. 1 SWORN TO AND SUBSCRIBED BEFORE ME THIS 26th DAY oF August A.D., 19_93____ 1 1- .A� it Nnyj 108NG14 NOTARY PUBLIC }pia i �� NOTARY PUSUQ STATE OF FLORIDA AT LAR49 MY COMMISSION EXPIRES:_* -FMIJARY 05, IM WNDED THRU AGENT'S NOTARY %%V. TA l- d35 C6. t1: :' O j 03-11j NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUWyORDINANCE HEGIVEIir f0 WHOM IT MAY CONCERN NOTICE IS that on Tuesday, September 7,199" at 3:00 p.m. in Courtroom 500 ' Whitehead Street, Key West, Monroe County, Florida, the Board of ounty, Florida,ntends toconsiderthe County Commissioners of Monroe C adoption of the followingORDINANCE NO. 1993 AN ORDINANCE PROHIBITING THE SALE OR OFFERING GES FROM NY FOR SALE OF FOODS OR BEVERARIGHT F WIN A IN COUNTY RO AD M UNINCORPORATEDR STREET ONROE COUNTY, FLORIDA" PROVIDING LOHN IF CERTAIN NS FORAWTIPROVIDITHE 1 PRIOCEDURE FOR GRANTING I SJOCH ARE MET; FORVIOLATIONS;PRO- WAIVERS;PROVIDINGFORPENA VIDI OF ALL VIDING FOR SEVERABILITY; PROVIDI ITH;PREPEAL vF NG FOR ORDINANCES INCONSISTENTOLAR COUNTY CODE; AND INCORPORATION INTO ATE PROVIDING AN EFFECTIVE pursuant to Section 286.0105, Florida Statutes, ootiice is with reesnpeact o t if a person decided to appeal any decision made by ed a record of any matter considered at such hearing or meetingmay need he will nea ensure that a the proceedings, and that, for such purpose, verbatim record of the proceedings is [Wade, which record includes the hich the appeal is to ai based - testimony and evidence upon w 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 loth day of August, 1993. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, published: 8119 and 8/26/93 The Reporter Tavernier, FL 33070 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, who on oath says that he is Advertising Manager of The Key West Citizen, a daily newspaper published at Key West in Monroe County, Florida; that the attached copy of the advertisement, being a legal notice in the court, was published in said newspaper in the issues of �D 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. Sworn to and subscribed before me this(,Z0 day of SEAL (Signature of Affiant) 1 gture of Notary Public) Bette J. Push Vim° ame of Notary Public) Expires: -jg ;.j�_4 '-i0 t�3 11 Personally Known _� or Produced Identification Type of Identification Produced NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, September 7, 1993, at 3:00 P.M. in Courtroom "B", 500 Whitehead Street, Key West, Mon- roe County, Florida, intends to con- sider the adoption of the following County ordinance: ORDINANCE NO. -1993 AN ORDINANCE PROHIBITING THE SALE OR OFFERING FOR SALE OF FOODS OR BEVERAGES FROM WITHIN ANY COUNTY ROADS OR STREET RIGHT OF WAY IN UNINCORPORATED MON- 90E COUNTY, FLORIDA; PROVID- ING FOR A WAIVER OF THE PRO- HIBITION IF CERTAIN CONDI- TIONS ARE MET; PROVIDING A PROCEDURE FOR GRANTING SUCH WAIVERS; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR SERVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING OFR IN- CORPORATION INTO THE MON- ROE COUNTY CODE; AND PRO- VIDING AN EFFECTIVE 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 considerecd at such hearings or meetings, he will need a record 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 thq, 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, Floirda, this 10th day of August, 1993. DANNY L. KOLHAGE Clerk of the Circuit Court and ex offi- cio Clerk of the Board of County Commissioners of Monroe County, Florida August 15 & 22 1993