Item T1
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Wednesday, March 20, 2002, at 3:00 PM at the Marathon Government
Center, 2798 Overseas Highway, Marathon, Monroe County, Florida, the
Board of County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING ORDINANCES NO. 031-1988 AND 033-1996,
IN ORDER TO CHANGE THE NAME OF THE LOWER AND MIDDLE KEYS FIRE
AND AMBULANCE DISTRICT TO FIRE AND AMBULANCE DISTRICT 1;
PROVIDING FOR SEVERABIUTY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a
person decided to appeal any decision made by the Board with respect
to any matter considered at such hearings or meetings, he will need a
record of the proceedings, and that, for such purpose, he may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be
based.
Copies of the above-referenced ordinance are available for review at the
various public libraries in Monroe County, Florida.
Dated at Key West, Florida, this 15th day of February, 2002.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
Reporter 3/1 - 8
Keynoter 3/2 - 9
Citizen 3/3 - 10
7/
Board of County Commissioners
ORDINANCE NO.
- 2002
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING ORDINANCES NO. 031-
1988 AND 033-1996, IN ORDER TO CHANGE THE NAME OF THE
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT TO
FIRE AND AMBULANCE DISTRICT' 1; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 031-1988 created the Lower and Middle Keys Fire and
Ambulance District to include the areas from Cow Key Channel to Snake Creek; and
WHEREAS, Ordinance No. 033-1996 added the area from Snake Creek north to
South Bay Harbor Drive and Lobster Lane, thereby incorporating in the Lower and Middle
Keys Fire and Ambulance the Municipal Service Taxing District which had previously been
designated 5; and
WHEREAS, Ordinance No. 036-2000 deleted from the Lower and Middle Keys Fire
and Ambulance District the municipality of Key Colony Beach; and
WHEREAS, Monroe County Code Sec. 2-260 through 2-263 contain references to
the Lower and Middle Keys Fire and Ambulance District; and
WHEREAS, it is desirable to rename the District to more accurately reflect the
inclusion of the area as far north as South Bay Harbor Drive and Lobster Lane, Key
Largo; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. The Fire and Ambulance District heretofore known as the Lower and
Middle Keys Fire and Ambulance District and created by Ordinance 031-1988 shall be
renamed the Fire and Ambulance District 1.
Section 2. Sec. 2-260, Monroe County Code shall be amended to read as
follows:
Sec. 2-260. Findings of fact.
The board of county commissioners does find that since the volunteer fire and
rescue personnel in the special taxing districts created by Ordinance No.031-1988 and
districts 5 and 6 set up for the protection of the lives and property of the citizens of
Monroe County render a service which is utterly essential and necessary for this type of
protection that under the provisions creating the municipal services of a taxing district
under section 125.01(1)(q) of the Florida Statutes that certain reimbursement provisions
should be maintained for said volunteer personnel. It is the intent of this body to
therefore create and permit the reimbursement of said volunteers not to exceed four
hundred (400) in number so that said services may be maintained at a high and realistic
standard. In so doing, the board of county commissioners do find sufficient funds are
available and prescribed in the budget of the various special taxing districts hereinabove
recited, to wit: the Lo.....er ~nd ~1iddle Keys Fire and Ambulance District 1, and districts 5
aftd 6. From said district budgets, the funds shall be expended on a contractual basis to
each volunteer, a copy of said specimen contract being hereto attached and made a part
hereof by direct reference.
Section 3. Sec. 2-261 is hereby amended to read as follows:
Sec. 2-261. Personnel affected.
The personnel to be affected by this division shall be those volunteers in both the
fire/rescue departments and emergency medical service departments of all of the special
taxing districts hereinabove enumerated but who also work for and on behalf of the
following organizations: Stock Island Volunteer Fire Department, Inc.; Big Coppitt
Volunteer Fire Department, Inc.; Sugarloaf Key Volunteer Fire Department, Inc.; Big
Pine Key Volunteer Fire Department, Inc.; Marathon Volunteer Fire and Rescue, Inc.;
Conch Key Volunteer Fire Department and Rescue Squad, Inc.; Layton Volunteer Fire
Department, Inc.; Islamorada Volunteer Fire, Ambulance and Rescue Corps, Inc.;
Tavernier Volunteer Fire Department and Ambulance Corps., Inc.; Key Largo Volunteer
Fire Department, Inc.; and Key Largo Volunteer Ambulance, Inc.
All of =Fthe corporate names that appear in the preceding paragraph except the
Key Largo Volunteer Fire Deoartment. Inc. and the Key Largo Volunteer Ambulance. Inc.
correspond to Fire and Ambulance. District 1. Key Largo Volunteer Fire Department. Inc.
and the Key Largo Volunteer Ambulance. Inc. correspond to Fire and Ambulance. District
Q. corr-cspond with ttle districts in this fashion: Stock Isl~nd Volunteer Fire Dep;rtment,
Inc. Lower ~nd ~1iddle Keys Fire ~nd Ambul~nce District; Big Coppitt Volunteer Fire
~p.~~~~~, lne. Lower and ~1iddle Keys Fire and Ambul~nee District; SUgarlO~f Key
Volunteer Fire Department, Inc. Lo...Jer and ~1iddle Keys Fire 21nd Ambul~nce D'~t;kt;
~~ :.~ne Key Volunteer Fire Dep~rtment, Inc. . Lower and ~1iddle Keys Fir~ ;d
Ambul~nce District Fi~e ~nd Ambu.~~nce. District 1; ~1~r?th?n Volunteer Fire ~nd ~:c~~,
Inc. . Lower ~nd ~1lddle Keys Fire ~nd Ambul~nce District; Conch Key 'IOlunt~. F.;~
Dep~rtment ~nd Rescue Squ~d, Inc. . Lower ~nd ~1iddle Keys Fire ~nd Am; Ian;
District; L~.(ton Fire Department, Inc. . Lower ~nd ~1iddle Keys Fire ~nd Am;~i~~~
District; Islamorad~ Volunteer Fire, Ambulance ~nd Rescue Corps, Inc. . ~~i; ~~
~~le Keys Fire anEl Ambulance District; Tavernier Volunteer Fire Depart '~~"L ;~EI
~~~~!':~~C ..:.o~, Inc. 5; Key L~rgo Volunteer Ambulance Corps, Inc. 6; K . a 0
Velunteer Fire Dep~rtment, Inc. 6.
The various members of the units hereinbefore described shall be compensated
on a monthly basis for each budget year based on an agreement entered into by and
between the operating corporations and the county commission acting as the governing
body of Districts 5 ~nd 6 and/or District 1 governing body wherein they are volunteers
by agreement entered into and filed with the special taxing district. The reimbursement
schedule shall be set forth in the agreement and may be adjusted from time to time as
the parties may mutually agree. The county commission as the governing body may also
enter into agreements with the various operating corporations to provide for a length of
service awards program and disability and death benefit insurance for the volunteers
Section 4. Sec. 2-263 is hereby amended to read as follows:
Sec. 2-263. Required agreements.
It is hereby ordained that the various districts reflected in section 2-260 hereof
shall be required to enter into agreements with the corporations performing the services
to the various districts as a conditioned precedent to the reimbursement to the
volunteers provided in this division. These agreements shall be executed by the
presiding officer of the board of each special taxing district and the officers of the
operating corporations.
Further, any agreements effective beyond September 30, 1988, and entered into
with special taxing districts described in section 2-235(la)-(4b), which districts
performed the functions of the districts now described as the Lower and Middle Keys Fire
and Ambulance District created by Ordinance No. 031-1988, are hereby ratified,
confirmed and adopted as contracts of the Lower and ~4iddle Keys Fire ;:md Ambulance
District Fire and Ambulance. District 1; as if the agreements had originally been entered
into with that special taxing district.
Section 5. 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 6. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 7. 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 8. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
with said Office.
PASSED AND ADOPTED by the-Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the day of , 2002.
Mayor Charles McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
JdorclF&Al
DATE