Item P15 P15
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE
u,.. 9 Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
- James K. Scholl,District 3
' David Rice,District 4
Board of County Commissioners Meeting
June 21, 2023
Agenda Item Number: P15
2023-1141
BULK ITEM: No DEPARTMENT: Library System
TIME APPROXIMATE: STAFF CONTACT:
AGENDA ITEM WORDING: A public hearing to consider adoption of an Ordinance abolishing the
Library of Advisory Board created under Ordinance 6-1981 and codified under Section 15-67 through
15-72; providing for severability;providing for the repeal of all Ordinance inconsistent herewith; and
providing an effective date.
ITEM BACKGROUND:
The Board of County Commissioners of Monroe County (the `Board"), Florida, is authorized by Article
V1II of the Florida Constitution and Chapter 125, Florida Statutes, to adopt ordinances not inconsistent
with general law and Florida Statute Section 125.01 provides the Board with the authority to provide
libraries for the community. Ordinance No. 6-1981 created an advisory board to operate and maintain a
free public library service within Monroe County and Ordinance No. 6-1981 is currently codified at
Sections 15-67 through 15-72 of the Monroe County Code of Ordinances. Staff seeks to now abolish
the Library Advisory Board established by Ordinance No. 6-1981 as it is no longer needed for the
purpose for which was established.
PREVIOUS RELEVANT BOCC ACTION:
Approved advertisement of this Public Hearing at the May 17, 2023 meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
MONROECOLI-9-3 892068-1.pdf
NOI Abolishing Library Advisory Bd_.pdf
Ordinance Abolishing the Library Advisory Board.pdf
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FINANCIAL IMPACT:
N/A
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iiffiCn
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO LIBRARIES
700 FLEMING STREET
KEY WEST FL 33040
Account: 422286 Ticket: 3892068
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
COUNTY OF MONROE
NOTICE IS HEREBY GIVEN TO WHOM
IT MAY CONCERN that on June 21,
.or as soon tereaf-
Before the undersigned authority personally appeared ter2as the matter Amay be heard,h at the
Murray E.Nelson Government Center,
102050 Overseas Highway,Key Largo,
Melinda Prescott who on oath says that he or she is Florida,the Board of County Commis-
sioners of Monroe County, Florida, in-
tends to consider adopting the follow-
The legal advertising representative of the Key West Citizen,a five day newspa- ing ordinance:
per published in Key West, in Monroe County, Florida;that the attached copy of AN ORDINANCE OF THE BOARD OF
advertisment, beinglegal notice in the matter of ABOLISHING THE LIBRARY COUNTY COMMISSIONERS MON-
a g ROE COUNTY, FLORIDA, ABOLISHING
was published in said newspaper in the issues of: THE LIBRARY ADVISORY BOARD CRE-
ATED BY ORDINANCE NO.6-1981 AND
CODIFIED UNDER MONROE COUNTY
Wednesday, May 24, 2023 CODE SECTION 15-67 THROUGH 15-72;
PROVIDING FOR SEVERABIUTY, PRO-
VIDING FOR THE REPEAL OF ALL OR-
Affiant further says that the Key West Citizen is a newspaper published in Key DINANCES INCONSISTENT HEREWITH;
West, in said Monroe County, Florida and that the said newspapers has hereto- AND PROVIDING AN EFFECTIVE DATE.
fore been continuously published in said Monroe County, Florida Tuesday thru The proposed ordinance may be in-
Saturday weekly,and has been entered as periodicals matter at the post office in spected by the public at the Monroe
KeyWest, in said Monroe County, Florida,for period of 1 year next preceding county or the by viewing the agenda
y p y p g packet for the June 21,2023 meeting,
the first publication of the attached copy of advertisement;and affiant further says which will be posted beginning on June
that he or she has neither paid nor promised any person,firm or corporation any 9,2023 at:http://monroecountyfl.igm2.
com/citizens/default.aspx. The ordi-
discount, rebate,commission or refund for the purpose of securing this advertise- nance may also be viewed at the Mon-
ment for publication in the said newspaper. roe County Attorney's office at 1111 12
th St.Ste.408 Key West,FL 33040.
The public can participate in the June
21,2023 meeting of the Board of Coun-
ty Commissioners of Monroe County,
FL by attending in person or via Zoom.
The Zoom link can be found in the
agenda at http://monroecountyfl.igm2.
com/atizens/defau lt.aspx.
ADA ASSISTANCE: If you are a person
(Signature ofAffiant) with a disability who needs special
accommodations in order to partici-
Affirmed and subscribed before me this 6th dayof June 2023 pate in this proceeding, please con-
Affirmed tact the County Administrator's Office,
by phoning (305) 292-4441, between
y the hours of 8:30a.m.-5:00p.m., prior
w to the scheduled meeting; if you are
hearing or voice-impaired, call "711".
Live Closed-Captioning is available via
(Notary Public Signature) our web portal @ http:Hmonroecoun-
tyfl.igm2.com/Citizens/Default.aspx for
meetings of the Monroe County Board
Laura M Robins of County Commissioners.
(Notary Public Printed Name) Dated at Key West, Florida, this 18th
day of May,2023.
My commission expires 9/26/2026
(SEAL)KEVIN MADOK,Clerk of the Cir-
cuit Court and
Personally Known X Produced Identification_ Ex Officio Clerk of the Board of Coun-
Type of Identification Produced (Notary Seal) ty Commissioners of Monroe County,
Florida
M e� e'p Feu Grp Jfto� rcer F"ugswtrJa 05/24/23-KWC
UmaJ�uPO M P rmta0na 422286 3892068
(C'xaaras 9N2612026
4203
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 21,2023, at 9:00 A.M.
or as soon thereafter as the matter may be heard, at the Murray E. Nelson Government Center, 102050
Overseas Highway,Key Largo,Florida,the Board of County Commissioners of Monroe County,Florida,
intends to consider adopting the following ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, ABOLISHING THE LIBRARY
ADVISORY BOARD CREATED BY ORDINANCE NO. 6-1981 AND
CODIFIED UNDER MONROE COUNTY CODE SECTION 15-67
THROUGH 15-72; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
The proposed ordinance may be inspected by the public at the Monroe County website by viewing the
agenda packet for the June 21, 2023 meeting, which will be posted beginning on June 9, 2023 at:
tttr./� ac; a2urtyll..Ilm2.cope/catierns/�lelault..asps. The ordinance may also be viewed at the Monroe
County Attorney's office at 1111 12th St. Ste. 408 Key West,FL 33040.
The public can participate in the June 21, 2023 meeting of the Board of County Commissioners of Monroe
County, FL by attending in person or via Zoom. The Zoom link can be found in the agenda at
htt. a/monroecount Bai m2.eomleitizens/detault.as x.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order
to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-
4441, between the hours of 8:30a.m.-5:06p.m.,prior to the scheduled meeting, if you are hearing or
voice-impaired, call "711". Live Closed-Captioning is available via our web portal @
Attn:ll 12mEmLfC„ 2e � /��t��� ,sl t.. for meetings of the Monroe County Board of
County Commissioners.
Dated at Key West, Florida, this 18th day of May, 2023.
(SEAL) KEVIN MADOK, Clerk of the Circuit Court and
Ex Officio Clerk of the Board of County Commissioners
of Monroe County,Florida
Publication Dates:
Keys Citizen(Wed.)5/24/2023
Keys Weekly(Thur.)5/25/2023
News Barometer(Fri.)5/26/2023
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ORDINANCE NO. -2023
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ABOLISHING THE LIBRARY ADVISORY BOARD
CREATED BY ORDINANCE NO. 6-1981 AND CODIFIED
UNDER MONROE COUNTY CODE SECTION 15-67
THROUGH 15-72; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County (the `Board"),
Florida,is authorized by Article V11I of the Florida Constitution and Chapter 125,Florida Statutes,
to adopt ordinances not inconsistent with general law; and
WHEREAS, Florida Statute Section 125.01 provides the Board with the authority to
provide libraries for the community and Ordinance No. 6-1981 created an advisory board to
operate and maintain a free public library service within Monroe County; and
WHEREAS, Ordinance No. 6-1981 is currently codified at Sections 15-67 through 15-72
of the Monroe County Code of Ordinances ("the Code"); and
WHEREAS, staff seeks to now abolish the Library Advisory Board established by
Ordinance No. 6-1981 as it is no longer needed for the purpose for which is was established; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS:
SECTION 1. Ordinance No. 6-1981 creating the library advisory board, and any other
ordinances revising Ordinance No. 6-1981, including but not limited to Ordinance No. 29-1999
are hereby repealed, as are any other ordinances inconsistent with this ordinance, and the Library
Advisory board is hereby dissolved. Monroe County Code Sections 15-67 through 15-72 are
hereby deleted as follows (deleted text is noted in strikethrough text):
Sec.. 15-8—Creatienr.
1
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terms.There is hereby of eated and established in the eounty an EtEWisoi=y boafd to be known Ets the
meetings.ffl-eqmh-P-mr- slh—All h-PV -A 4-:0-sid-p-mat A-4-4-d- o f thea, eounty; shall possess a reputation for- ifAegt:ivy5
See. 15 71. Organization, quorum and
deem iieeessay-y.
See. 15 72. Duties.
senTiees may be pfovided to all r-esidents of the eottff�y;
fneeting, general or- speeial. The eottaty libr-afy dir-eetor- shall attend all advisory boafd meetin
4206
RHEI Other-possible gFaPA-s-,
> ,
pt:ofess ^psi stance ffam state t o 1 ,*,a tb,et:
pelieies;
systeffi> and feeaffiffieiid akeies ,
assigned he board of eecmcy eommis sioi and
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by
a court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Resolution as whole, or any part thereof, other than the part declared to be invalid. If this
Resolution or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect upon filing
with the Department of State as provided in Section 125.66(2), Florida Statutes.
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 July, 2023.
Mayor Craig Cates
3
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Mayor Pro Tem Holly Raschein
Commissioner Michelle Lincoln
Commissioner Jim Scholl
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairperson
Approved for form and legal sufficiency
(jj�'JA
Christina Cory, Assistant Cc unty Attorney
Date:5/9/23
4
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