10/20/1993 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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 ___