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Item Q3* 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 17 2009 - MAR Bulls Item: Yes _ No X Department: _County Attorney_ Staff Contact Person/ Phone #:Christine Limbert-Barrows AGENDA ITEM WORDING: A public hearing to consider adoption of a County Ordinance amending Monroe County Code Chapter 12, Article II providing for five ,(5) district advisory boards to correspond with commission districts and revising the composition of the Beach and Shore Preservation Authority District's Advisory Boards. ITEM BACKGROUND: Beach Advisory Committees have not met since 2001. This amended Ordinance proposes the revitalization of the Beach & Shore Preservation Committees as well as the composition of the boards and providing the BOCC more control of board makeup. On 5/20/09, following discussion and consideration of public hearing input, the BOCC directed staff to provide for five (5) district advisory boards to correspond with commission districts PREVIOUS RELEVANT BOCC ACTION: 5/20/09 BOCC considered public hearing input, provided direction to staff and approved the advertising and scheduling of a public hearing for 6/17/09 in Marathon CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: Unknown INDIRECT COST: Unknown BUDGETED: Yes No COST TO COUNTY: Unknown SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 1109 * wad- ed.t+Si ORDINANCE NO. -2009 AN ORDINANCE AMENDING MONROE COUNTY CODE > CTrnt� i r CHAPTER 12, ARTICLE II. BEACH AND _ - Deleted: - SHORE PRESERVATION AUTHORITY DISTRICTS; Formatted: Strikethrough PROVIDING FOR BEACH AND SHORE PRESERVATION Formatted: Strikethrough AUTHORITY DISTRICTS TO CORRESPOND TO COUNTY COMMISSION DISTRICTS: PROVIDING FOR COMPOSITION OF THE BEACH AND SHORE PRESERVATION AUTHORITY DISTRICTS ADVISORY BOARDS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HERWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 161.25, F.S., gives the Board of County Commissioners of Monroe County, Florida, the power to establish a beach and shore preservation authority, and; WHEREAS, the Board of County Commissioners of Monroe County, Florida, on November 17, 1987, created the Monroe County Beach and Shore Preservation Authority to carry out the Beach and Shore Preservation Program, and; WHEREAS, Section 161.25, Florida Statutes, gives the Board of County Commissioners of Monroe County, Florida, the power to establish County Beach and Shore Preservation Authority Districts, and; WHEREAS, the Board of County Commissioners of Monroe County, Florida, has determined that there is a need for such County Beach and Shore Preservation Authority Districts, and; WHEREAS, the Board of County Commissioners of Monroe County, Florida, has determined that in order to ensure more adequate representation among the Beach and Shore Preservation Authority District advisory boards changes to the appointees of the Board is necessary and proper; WHEREAS. the Board of County Commissioners of Monroe County, Florida, has determined that the Beach and Shore Preservation Authority Districts should correspond to the county commission district seats: NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Chapter 12, Article-1I, Monroe County Code, BEACH AND SHORE tDeleted:ection t�-3�,PRESERVATION AUTHORITY DISTRICT is hereb amended to read as follows: eacn andsi,ore Preservation- - - - - -- - -- - - - - - - - - _ - -- - - - - - - - - - - - - strict Advisoryhoards-- ,Sec. 12-25. Created. Formatted: Font: Bold Pursuant to F.S. § 161.31, there is hereby created five (S) separate aid distinct Formatted: Strikethrough county beach and shore preservation authority districts within the boundaries of the county. which will coincide with county commission district seats. Each district advisory,board shall be composed of five 5 separate and distinct count beach and shore prescrvation authority districts within the boundaries of the cotulty ,Sec. 12-26. Beach and shore preservation authority district No. 1 boundaries - Formatted: Font: Bold Monroe County Beach and Shore Preservation Authority District No. 1 shall comprise all of the territory within Board of County Commissioner District No. 1 of the county 1.1 of the teFfita.r-y within Baai'd of County G&fflmissieneFs piq�W;r-# NIA-1 ' _ - Formatted: Strikethrough Sec. 12-27. Beach and shore preservation authority_ district No. 2 boundaries Formatted: Font: Bold Monroe County Beach and Shore Preservation Authority District No. 2 shall comprise al I of the territory within Board of County Commissioner District No. 2 ,Sec. 12-28. Beach and shore preservation authorit • district No. 3 boundaries _ _ - �Formatted: Font: Bold Monroe County Beach and Shore Preservation Authority District No. 3 shall comprise all of the territor within Board of County Commissioners District No. 4 3 of the count _ - Formatted: Double strikethrough Sec. 12-29. Beach and shore preservation authority district No. 4 boundaries _ Formatted: Font: Bold Monroe County Beach and Shore Preservation Autliorit District No. 4 shall comprise all of the territory within the Board of County Commissioners District No. A 4 of the county. - Formatted: Strikethrough Sec. 12-30 Beach and shore preservation authority district No. 5 boundaries - Formatted: Font: Bold Monroe Countv Beach and Shore Preservation Authority District No. 5 shall comprise all of the territory within the Board of County Commissioners District No. 5 of the county. _ - Formatted: Font: Bold 12-31. Advisory boards -•---Required _ - Formatted: Font: Bold Each district established under the provisions of this article shall have a district advisor board whose functions. powers and res onsibilities shall be set and defined by the board of county commissioners. Sec. 12-32. Same --Composition Formatted: Font: Bold Each district advisory board shall be composed of five (5) individuals and shall be appointed as follows: Beach and shore preservation District i - • The county commissioner representing county commission district l t - "" - Formatted: Bullets and Numbering • Two (2) members of the Lower Keys Chamber of Commerce nominated by the Board of Directors and confirmed by the board of county commissioners: • A nonpublic official appointed by the County Mayor orb the Ma or Pro Tem where the mayor is also the appointed district advisory member. Said appointee shall be confirmed by the board of county commissioners • A nonpublic official appointed by the county commissioner of district 1 Appointees to the advisory board shall be residents of the beach and shore preservation district 1 as set forth in Sec. 12-2(z Beach and shore preservation District 2and 4 - • The county commissioner representing county commission district 2 the Geunt-y County, Florida ,hiewhiek e s the territr„-y of_the .AutWr4y Pirtri� • two (2) members of the Lower Keys Chamber of Commerce nominated by the Board of Directors and confirmed by the board of county commissioners € wh Adviser-), Board shall have two fflembers appointed by the ChambeF Of C—offiffieree ,_thee—r rtis,e ,d;ntri,.t[- • a nonpublic official appointed by the County Mayor or by the Mayor Pro Tern where the mayor is also the appointed district advisory member. Said appointee shall be confirmed by the board of county commissioners. and a tion pubie afllieinl appointee .,f the 1 Iayei- 411A. p&ee County, Fie -id • A nonpublic official appointed by the county commissioner of district 2-a-netr f .,f the A uthorit., Dist.-ic Appointees to the advisory board shall be residents of the beach and shore preservation district 2 as set forth in Sec. 12-27, Monroe County Code. eitee�te said Advoseriv, Board ef-DistFiet 2 shall be Fesidents of Oist-rio—as '-). ;Ind said A.dyisery Bear-d of DirtFiq A shall her si,dents of District 4. Beach and shore preservation District 3 • The A-inemher of the- county commissioner representing county comm.iss.ion district 3 ` Monroe • a member of the Key West City Commission nominated by the city commission and confirmed by the board of county commissioners: n m_-F • a member of the Key West Chamber of Commerce nominated by the Board of Directors Auld confirmed by the board of county commissioners: a Fnember a a nonpublic official appointed by the county commissioner of the district 3. Said appointee shall be confirmed by the board of county commissioners; r est • a nonpublic official appointed by the County Mayor or by the Mayor Pro Tern when the ma or is also serving as a district advisory member. Said appointee shall be confirmed by the board of COLIIILV commissioners. Appointees to the advisory board shall be residents of the beach and shore preservation district 3 as set forth in Sec. 12-28. Monroe County Code. A—R tom deleted: " m p,� of Ref of "•e county commission from county commission district I or 3 and so designated by the board of county commissioners; a filembef-ef-the-Menree C-01 nty Commission andso ed by Oie j <#>a member of the Key West City Commission nominated by the city commission and confirmed by the board of county commissioners;-a-nlember-e€ 9+547�4,,%en of P: e., of Key West Gemmissi n of Key Wei, ll <#>a member of the Key West Chamber of Commerce nominated by the Board of Directors; a FHLnjbe..,..peiFited by ,he e€-BireeteNj <#>a nonpublic official appointed by the county commissioner of the district that is not currently serving on the advisory board. Said appointee shall be confirmed by the board of county commissioners; a Fign ....1.1: ..fr......l ........'.. a Elf Wig Mayor of the 8 <#>a nonpublic official appointed by the County Mayor or by the Mayor Pro Tam when die mayor is also serving as a district advisory member. Said appointee shall be confirmed by the board of county commissioners. a Ren ^b'i^ efgeia appointee of the Mayor or Mourne Geffen q Appointees to the advisory board shall be residents of the beach and shore preservation district I as set forth in Sec. 12-26, Monroe County Code. eAmtee4 Formatted: 5trikethrough Formatted: Bullets and Numbering - - Formatted: Indent: Left: 0.25" Beach and shore preservation District . - Deleted: 3 • The county commissioner representing county commission district 4 the Geu;�y !',..,,.,. issi.,ney r-epreseating County Genifnissioner-sDistrict No. T�f4 of efffae County, Flar-i" • A member of the Marathon Chamber of Commerce nominated by the Board of Directors and confirmed by the board of county commissioners; Tie appointed by the Mar-affiefl GhambeF of GanqmeFee Board of Dkeetar-s; • A member of the Key Colony Beach City Commission nominated by the city commission and confirmed by the board of county commissioners-a-T e~or the Git-y GafflFnission of the Citt, of Key Colony Beaeh and so b • A nonpublic official appointed by the County Mayor or by the Mayor Pro Tern where the mayor is also the appointed district advisory member. Said appointee shall be confirmed by the board of county commissioners. ; • A nonpublic official appointed by the county commissioner of district 4 And A b U , Appointees to the advisory board shall be residents of the beach and shore preservation district,4 as set forth in Sec. 12-2 Monroe County Code. e�� i s - Deleted: 3 said n dyisefy Beal;d shall be Fes i.ae is f n:AFicI 3 Deleted: 8 Beach and shore preservation r'i&Wiets-42-and District 5 _ -j Deleted: 4 • The county commissioner representing county commission district 5 they • two (2) members of the Upper Keys Chamber of Commerce nominated by the Board of Directors and confirmed by the board of county commissioners; Adviser-, Board shall } ayea t,,,.. members .. tite 7 by the _C'`J affiber of r...,.,..,.,fe in their- r etiye distFiets • a nonpublic official appointed by the County Mayor or by the Mayor Pro Tern where the mayor is also the appointed district advisory member. Said appointee shall be confirmed by the board of county commissioners.and a non px131iE • A nonpublic official appointed by the county commissioner of district 5 a REm 5 the Gewity Appointees to the advisory board shall be residents of the beach and shore reservation district _5as set forth in Sec. 12-3 Monroe Count- Code testa Deleted: asaid AdYiSOFN' Board of Qistr-iet 2 shall be residents of Distf iet 2, afid &9j3E)iHtee5 tR Deleted: 29 Sec. 12-33. Same —Members' term Pursuant to F.S. § 1.61.31(2), and until such time as the as the legislature amends the state statutes, members of the district advisory boards shall have no definite term of office. but shall serve at the pleasure of the board of county commissioners. 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 Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance 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 Pei -son, property, or circumstances. SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. 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 confirm to the uniform numbering system of the code. SECTION S. EFFECTIVE DATE. This Ordinance shall take effect on , 2009 provided that this Ordinance shall be filed 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 2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairperson ORDINANCE NO. -2009 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 12, ARTICLE I1. BEACH AND SHORE PRESERVATION AUTHORITY DISTRICTS; PROVIDING FOR BEACH AND SHORE PRESERVATION AUTHORITY DISTRICTS TO CORRESPOND TO COUNTY COMMISSION DISTRICTS; PROVIDING FOR COMPOSITION OF THE BEACH AND SHORE PRESERVATION AUTHORITY DISTRICTS ADVISORY BOARDS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HERWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 161.25, F.S., gives the Board of County Commissioners of Monroe County, Florida, the power to establish a beach and shore preservation authority, and; WHEREAS, the Board of County Commissioners of Monroe County, Florida, on November 17, 1987, created the Monroe County Beach and Shore Preservation Authority to carry out the Beach and Shore Preservation Program, and; WHEREAS, Section 161.25, Florida Statutes, gives the Board of County Commissioners of Monroe County, Florida, the power to establish County Beach, and Shore Preservation Authority Districts,'and; WHEREAS, the Board of County Commissioners of Monroe County, Florida, has determined that there is a need for such County Beach and Shore Preservation Authority Districts, and; WHEREAS, the Board of County Commissioners of Monroe County, Florida, has determined that in order to ensure more adequate representation among the Beach and Shore Preservation Authority District advisory boards changes to the appointees of the Board is necessary and proper, WHEREAS, the Board of County Commissioners of Monroe County, Florida, has determined that the Beach and Shore Preservation Authority Districts should correspond to the county commission district seats; NOW THEREFORE BE IT. ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Chapter 12, Article II, Monroe County Code, BEACH AND SHORE PRESERVATION AUTHORITY DISTRICTS, is hereby amended to read as follows: Sec. 12-25. Created. Pursuant to F.S. § 161.31, there is hereby created five (5) separate and distinct county beach and shore preservation authority districts within the boundaries of the county, which will coincide with county commission district seats. Sec. 12-26. Beach and shore preservation authority district No. 1 boundaries. Monroe County Beach and Shore Preservation Authority District No. 1 shall comprise all of the territory within Board of County Commissioner District No. 1 of the county. Sec. 12-27. Beach and shore preservation authority district No. 2 boundaries. Monroe County Beach and Shore Preservation Authority District No. 2 shall comprise all of the territory within Board of County Commissioner District No. 2 Sec. 12-28. Beach and shore preservation authority district No. 3 boundaries. Monroe County Beach and Shore Preservation Authority District No. 3 shall comprise all of the territory within Board of County Commissioners District No. 3 of the county. Sec. 12-29. Beach and shore preservation authority district No. 4 boundaries. Monroe County Beach and Shore Preservation Authority District No. 4 shall comprise all of the territory within the Board of County Commissioners District No. 4 of the county. Sec. 12-30 Beach and shore preservation authority district No. 5 boundaries. Monroe County Beach and Shore Preservation Authority District No. 5 shall comprise all of the territory within the Board of County Commissioners District No. 5 of the county. 12-31. Advisory boards —Required. Each district established under the provisions of this article shall have a district advisory board whose functions, powers and responsibilities shall be set and defined by the board of county commissioners. See.12-32. Same —Composition. Each district advisory board shall be composed of five (5) individuals and shall be appointed as follows: Beach and shore preservation District I - • The county commissioner representing county commission district l; • Two (2) members of the Lower Keys Chamber of Commerce nominated by the Board of Directors and confirmed by the board of county commissioners; • A nonpublic official appointed by the County Mayor or by the Mayor Pro Tern where the mayor is also the appointed district advisory member. Said appointee shall be confirmed by the board of county commissioners. • A nonpublic official appointed by the county commissioner of district 1. Appointees to the advisory board shall be residents of the beach and shore preservation district 1 as set forth in Sec. 12-26 Beach and shore preservation District 2 0 The county commissioner representing county commission district 2; • two (2) members of the Lower Keys Chamber of Commerce nominated by the Board of Directors and confirmed by the board of county commissioners; • a nonpublic official appointed by the County Mayor or by the Mayor Pro Tem where the mayor is also the appointed district advisory member. Said appointee shall be confirmed by the board of county commissioners. • A nonpublic official appointed by the county commissioner of district 2. Appointees to the advisory board shall be residents of the beach and shore preservation district 2 as set forth in Sec. 12-27, Monroe County Code. Beach and shore preservation District 3 • The county commissioner representing county commission district 3; • a member of the Key West City Commission nominated by the city commission and confirmed by the board of county commissioners; • a member of the Key West Chamber of Commerce nominated by the Board of Directors and confirmed by the board of county commissioners; • a nonpublic official appointed by the county commissioner of the district 3. Said appointee shall be confirmed by the board of county commissioners; • a nonpublic official appointed by the County Mayor or by the Mayor Pro Tem when the mayor is also serving as a district advisory member. Said appointee shall be confirmed by the board of county commissioners. Appointees to the advisory board shall be residents of the beach and shore preservation district 3 as set forth in Sec. 1.2-28, Monroe County Code. Beach and shore preservation District 4 • The county commissioner representing county commission district 4., • A member of the Marathon Chamber of Commerce nominated by the Board of Directors and confirmed by the board of county commissioners; • A member of the Key Colony Beach City Commission nominated by the city commission and confirmed by the board of county commissioners; • A nonpublic official appointed by the County Mayor or by the Mayor Pro Tem where the mayor is also the appointed district advisory member. Said appointee shall be confirmed by the board of county commissioners. • A nonpublic official appointed by the county commissioner of district 4. Appointees to the advisory board shall be residents of the beach and shore preservation district 4 as set forth in Sec. 12-29, Monroe County Code. Beach and shore preservation District S • The county commissioner representing county commission district 5; • two (2) members of the Upper Keys Chamber of Commerce nominated by the Board of Directors and confirmed by the board of county commissioners; • a nonpublic official appointed by the County Mayor or by the Mayor Pro Tem where the mayor is also the appointed district advisory member. Said appointee shall be confirmed by the board of county commissioners. • A nonpublic official appointed by the county commissioner of district 5. Appointees to the advisory board shall be residents of the beach and shore preservation district 5 as set forth in Sec. 12-30, Monroe County Code. Sec. 12-33. Same —Members' term. Pursuant to F.S. § 161.31(2), and until such time as the as the legislature amends the state statutes, members of the district advisory boards shall have no definite term of office, but shall serve at the pleasure of the board of county commissioners. 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 Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance 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 part of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. 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 confirm to the uniform numbering system of the code. SECTION S. EFFECTIVE DATE. This Ordinance shall take effect on 2009 provided that this Ordinance shall be filed 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 2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, CLERK IM Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LOW Mayor/Chairperson MONROE COUNTY ATTORNEY PPRqV E� AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTANT COU TY ATTORNEY Date ��„ NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 17, 2009 at 3:00 P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas Highway, Mile Marker 50, 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 AMENDING MONROE COUNTY CODE CHAPTER 12, ARTICLE H; PROVIDING FOR FIVE (5) DISTRICT ADVISORY BOARDS TO CORRESPOND WITH COMMISSION DISTRICTS; REVISING THE COMPOSITION OF THE BEACH AND SHORE PRESERVATION AUTHORITY DISTRICTS ADVISORY BOARDS; 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. 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. 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 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting, • if you are hearing or voice impaired, call "711 ". Dated at Key West, Florida, this 22' day of May, 2009. DANNY L. KOLHAGE, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates: Reporter (Fr) 5/29/2009 Keynoter (Sa) 5/30/2009 KW Citizen (Su) 5/31/2009 NCITICE OF INTENTION TO CONSIDER ADOPTION QF COUNT�.��kNCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 17, 2009 at 3:00 P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas Highway, Mile Marker 50, 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 AMENDING MONROE COUNTY CODE CHAPTER 12, ARTICLE II; PROVIDING FOR FIVE (5) DISTRICT ADVISORY BOARDS TO CORRESPOND WITH COMMISSION DISTRICTS; REVISING THE COMPOSITION OF THE BEACH AND SHORE PRESERVATION AUTHORITY DISTRICTS ADVISORY BOARDS; 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. 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 Ihe 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. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order #o participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8.30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting, if you are hearing or voice impaired, call "711 ". Dated at Key West, Florida, this 22nd day of May, 2009. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida May 31, 2009 Fax ju5-obi-c, fib freepress@floridakeys.com STATE OF FLORIDA COUNTY OF MONROE ;efore the undersigned authority personally appeared Randy G. Erickson, who n oath says that he is Vice -President of Advertising Operations of the Key Jest Citizen, a daily newspaper published in Key West, in Monroe County, lorida; lat the attached copy of advertisement, being a legal notice in the matter of vas published in said newspaper in the issue(s) of J �ffiant further says that the Key West Citizen is a newspaper published in Cey West, in said Monroe County, Florida and that the said newspaper has ieretofore been continuously published in said Monroe County, Florida every lay, 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 :hat he has neither paid nor promised any person, firm or corporation any iiscount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ,-, Signature of Affiant Sworn and subscribed before me this day of 52009 Notary Public: Marsha F. Kirkwood Expires: September 15, 2013 : `•' :' MIIRSHA F. VJWWOOD MY COMMISSION # DD 89M H.:,�° EXPIRES: September 15, 2013 -' ,...... • Bonded Thru Notary Public Und9rWr&S Personally Known x Produced Identification Type of Identification Produced MCOO U -a C? 05 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The 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(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Sworn to an ubs i ed before me this / DaOf �� , 2009 (SEAL) Notary BEVERLY TRAFr ; - R r MY COMMISSION - EXPIRES: Apr. �" ,153 Florida Notary `' . ;:;., r_�• need --I! 'ng- tY ondjh*wa =to or, 2C (=) r 1rn t-7 zr 3 w CA rn M rn C) 0 TheReporter P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-0199 PROOF OF PUBLICATIONo oil a STATE OF FLORIDA - COUNTY OF MONROE Y Before the undersigned authority personally; - appeared DAVID GOODHUE who on oath, says �■ ,_ that he is EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida:�x; that the attached copy of advertisement, being rY on LEGAL NOTICE in said newspaper in the issue ,8. of: - May 29, 2009'' r;,t Affiant further says that THE REPORTER is a1�° newspaper published at Tavernier, in said F) Monroe County, Florida, and that the said newspaper has heretofore been continuously'"'.- - 2 - published in the said Monroe County, Florida, '' " x,, each week (on Friday), and has been entered asR, second class mail matter at the Post Office in of the 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 she has neither paid nor promised any firm " ` !� :_ ., m person, � � _ oil or corporation any discount, rebate, commission or refund for the purpose of 4 securing this advertisement for publication in 0r,3 the said newspaper and that The Reporter is in I' full compliance with Cha 50 of the Florida ra State Statutes on e 1 nd Official ! ..- Advertisements. �v Sworn to and Vubs6ribed before me 29,nday of h ao May, 2009. _ 3 rn rn r Not,LL a rd conego. lot* 27153 n'jt � 41ili�i „L .Ccl" ilsU«f1PR � /�