07/30/1987 Special
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Public Hearing/Special Meeting
Board o~ County Commissioners
Thursday, July 30, 1987
Key Colony Beach
A Public Hearing/Special Meeting of the Monroe
County Board of County Commissioners convened at 9:00 a.m.
on the above date in the Key Colony Beach City Hall.
Present and answering to roll call were Commissioner William
Freeman, Commissioner John Stormont, and Mayor Pro Tern
Eugene Lytton. Absent from the meeting were Commissioner
Michael Puto and Mayor Jerry Hernandez, Jr. Also present
were Danny L. Kolhage, Clerkl Rob Wolfe, Assistant County
Attorney 1 Tom Brown, County Administrator; Charles Pattison
and Planning Staff; members of the Press and Radio; and the
general public.
Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to approve the following
actions by unanimous consent:
Amendment 1105; 9-90111 Page 217
Accept the recommendation of the Planning Commission to
amend as follows:
A location or bicycle rack for parking
bicycles shall be provided by all non-
residential development serviced by
County bicycle paths.
Amendment 1106; 9-904; Page 218
Accept the recommendation of the Planning Commission to
delete:
Layout configurations which require backing
directly onto a street from a parking or
loading space are prohibited.
and to insert:
Layout configurations which require backing
directly onto u.S. 1, arterial and collector
streets from a parking or loading space are
prohibited.
Amendment '185; 9-90l(D)/(F)(4)
Accept the recommendation of the Planning Commission to
approve the following modifcations:
Section 9-901(0)
Total number of provided spaces
or total number of required
spaces, whichever is greater
1-20
21-50
51-75
76-100
101 or more
Total number of spaces
required for handicapped
1
2
3
4
4 plus 1 for each
50 over 100
Section 9-90l(F)(4)
Each such parking space shall be paved and
prominently outlined with blue paint and
extended three feet longer than the other
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spaces and maintained with a permanent,
above-grade sign of color and design
approved by the Florida Department of
Transportation, bearing the internation-
ally accepted wheelchair symbol and/or
the caption "Parking by disabled permit
only."
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Amendment #48; 7-106; Page 89
Accept the recommendation of the Planning Commission to
amend title of section to add the word "bufferyards" and
amend section so that cross-references are to Divisions 9,
10, 11, 12, 13, and 14.
Amendment 1109; 9-1007; Page 224-226
Accept recommendation of the Planning Commission to delete
the entire section and insert as follows:
All required landscaping shall be of the
types and minimum sizes set forth in this
section. Canopy trees shall have a
minimum of three inches DBH or twelve
feet in height. Understory trees shall
be a minimum of five feet in height.
Shrubs shall be a minimum of three feet
in height.
and to insert an attached list of landscaping materials with
a footnote explaining the abbreviations.
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Amendment #115; 9-1407a; Page 253
Accept recommendation of the Planning Commission to amend
local street clear sight triangle for drives with buffer-
yards as follows: 20....150
Amendment 17; 3-101C-11; Page 12
Accept recommendation of Staff to deny proposed Amendment
17.
Amendment t15; 3-101; Page 26
Accept recommendation of Planning Commission to amend as
follows:
PUBLIC BUILDINGS AND USES means office and
service buildings, uses, or facilities
owned or operated by a governmental agency,
including pub1ica11y and privately owned
utilities, which are compatible with or
provide services to the area in which the
building is located.
Amendment 187; 9-504A3; Page 171
Accept recommendation of Planning Commission to delete
requirement for septic tank inspection.
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Amendment 1116; 11-104; Page 261
Accept recommendation of Planning Commission to delete so
as to read as follows:
Upon designation of an area of the County
under the provisions of this Chapter,
except for threshold designations, no
person shall carry out any development
other than development which is
specifically authorized in an interim
regulation which is included in the
designation of the Area of Critical
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County Concern, unless a development
impact report demonstrating that the
proposed development will have no
adverse impact on the values identified
as the basis for designation of the Area
of Critical County Concern is approved
by the Board of County Commissioners as
part of a major conditional use.
Amendment 1142; 2-101; Page 5
Accept recommendation of Planning Commission to incorporate
the following language after the last sentence:
It is the manifest intent and purpose of
the County Commission that in construing
this Plan, the broadest interpretations
be given to the same to carry out
and effectuate its purposes while at the
same time maximizing protection of civil
liberties and property rights of citizens
as required by both the State and Federal
Constitutions. Any interpretation
inconsistent with the intent of this
paragraph shall be resolved in favor of
the citizen.
Amendment 1159; V.2, M., Improvements Priority (Capital
Improvements Programming), (4); Page 81
Accept recommendation of Planning commission to change Item
(4) reference to Level of Service from "C" to "0".
Amendment #160; V.2, Public Facilities Element, Roads, (1),
(2) and (3); Page 30
Accept recommendation of Staff to change the Level of
Service standard for each of these items from "C" to "0".
Amendment 1161; l2-l0l0(d); Page 273
Accept recommendation of Planning Commission to insert the
following sentence before "Standard applicable practices..."
Needed improvements shall be determined
through the end of a twenty-year time
horizon beginning with the year the
project is "built out" or completed.
Amendment 169; 9-305; Page 157
Accept recommendation of Staff to deny proposed Amendment
169.
Amendment 186; 9-502Bl; Page 167
Accept recommendation of staff to amend as follows:
1. Purpose.
It is the purpose of this section
to provide an orderly and equitable
procedure for the issuance of
development permits, other than
permits for additions to existing
structures and other development
activity not requiring additional
public facilities, whenever the
rate or intensity of growth and
development is likely to exceed
the capacity of essential public
facilities in order to ensure
that the purposes of the Monroe
County Comprehensive Plan are
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achieved.
Amendment t70~ 9-305A~ Page 157
Accept recommendation of Planning Commission to add cross-
reference to Section 9-305 after 9-302 and 9-303~ and to add
cross-reference to 9-307 to 9-305A2.
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Amendment 188~ 9-506K~ Page 173
Accept recommendation of Planning Commission to correct
typographical error: "reserve" should have been "reverse".
Amendment t108~ 9-1006~ Page 224
Accept recommendation of Planning Commission to correct
cross-references to 9-1102, 1103, 1104.
Amendment t126~ 12-102F~ Page 284
Accept recommendation of Planning commission to change
typographical error reference to "roadway improvements" to
.park" . ·
Motion carried unanimously.
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Amendment 1113,
Amendment 1114,
Amendment t129A
Motion was made by Mayor Pro Tern Lytton and seconded by
Commissioner Freeman to consider these proposed Amendments
at this time. Motion carried unanimously. Charles Papy,
attorney representing Lake Advertising, addressed the Board.
Motion was made by Commissioner Freeman and seconded by
Commissioner Stormont to continue consideration of these
proposed Amendments to October 1st. Roll call vote was una-
nimous. Betty Wilson of the Highway Beautification
Committee made a presentation concerning signs.
Amendment 1173
After Board discussion, motion was made by Mayor Pro Tem
Lytton and seconded by Commissioner Freeman to continue con-
sideration to July 31st. Motion carried unanimously.
Amendment 1103
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to approve Staff recommendation but
request Staff to come back to the Board with a clarification
of the reference to DBH. Motion carried unanimously.
Amendment 1107~ 9-1001~ Page 219
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to add Improved Subdivision District
(Commercial) to the list of districts requiring landscaping
for parking areas with a Class A landscape standard. Motion
carried unanimously.
Motion was then made by Commissioner Stormont and seconded
by Commissioner Freeman to upgrade landscaping standard for
Sparsely Settled district from Class A to Class C. Motion
carried unanimously.
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Amendment 1110~ 9-1006~ Page 224
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Freeman to add at the end of the paragraph
regarding street trees:
...provided that in no event will less
than one street tree be provided for
every lot. Existing natural native
vegetation takes priority and satisfies
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this requirement.
Motion carried unanimously.
Amendment 11111 9-11011 Page 226
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to approve the recommendation of the
Planning Commission amended as follows:
No structure other than a fence shall
be placed within a required bufferyard1
provided, however, that if there is
existing native vegetation which will
provide for a bufferyard, no clearing
will be permitted for the installation
of a fence, other than along property
lines.
Motion carried unanimously.
Amendment 141 3-101 A-11 Page 9
Motion was made by Commissioner Freeman and seconded by
Commissioner Stormont to add after the last sentence:
...except docks, piers, bulkheads, rip-
rap, fences and gates unless otherwise
restricted in these Regulations.
Motion carried unanimously.
Amendment 11531 3-301 A-11 Page 9
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Freeman to deny proposed Amendment 1153.
Motion carried unanimously.
Amendment ill
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Stormont to continue to July 31st. Motion
carried unanimously.
Amendment 1141 3-101 M-51 Page 23
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to amend definition as follows:
MARINA means a facility for the storage
(wet and dry), launching and mooring of
boats together with accessory retail
and service uses, including restaurants
and live-aboards, charter boat and
sport diving uses, except where pro-
hibited, but not including docks
accessory to a land-based dwelling unit
limited to the use of owners or occu-
pants of those dwelling units.
Motion carried unanimously.
Amendment i161 3-101 S-51 Page 28
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to insert the following Item 54 from
Page 16 of the proposed Sign Ordinance as the definition
for "shopping center":
A parcel of property under one ownership
or singular control, or developed as a
unified or coordinated project, with a
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building or buildings housing more than
one occupant conducting a business opera-
tion of any kind.
Motion carried unanimously.
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Amendment 1811 3-l0l-S, 9-4031 Page 29, 165
Motion was made by Commissioner Freeman and seconded by
Commissioner Stormont to deny proposed Amendment #81 and
retain the 35' height limitation. AI Fried addressed the
Board. Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Stormont
Mayor Pro Tem Lytton
Yes
Yes
No
Motion carried.
Amendment #971 9-703; Page 188
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Freeman to add a section as follows:
C. Independent water systems shall be
encouraged whenever permitted.
Amendment il17
No action of the Board was required.
Amendment 1118
No action of the Board was required.
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Amendment i140; 3-301; Page 9
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to add a new definition of the term
SITE PLAN:
Information submitted by applicant shall
identify all development activities in-
cluding principal and accessory uses
within the property boundaries.
Motion carried unanimously.
Amendment 1141; 9-303; Page 157
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Freeman to accept the recommendation of the
Planning Commission to amend the definition of Common
Ownership as follows:
Common Ownership shall mean a common or
shared interest in real property recog-
nizable as unity of title as a matter of
law or the ownership of property by
persons related by blood or marriage
where the ownership is the product of a
commingling of assets and interests to
serve a non-economic objective
and to delete the final paragraphs in Section 9-303 and
9-304. Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Stormont
Mayor Pro Tern Lytton
Yes
No
Yes
Motion carried.
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Amendment 1143: 2-101: Page 5
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Stormont to accept the Staff's recommendation
to deny proposed Amendment 1143. Motion carried unani-
mously.
Amendment 1162: 12-101 Ded): Page 273
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Freeman to deny proposed Amendment 1162.
Motion carried unanimously.
Amendment 1144: 9-305: Page 158-159
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Freeman to approve that density intensification
through the vehicle of TORs may occur between any districts
according to the original submission of the Land Use Plan to
the Department of Community Affairs on February 28, 1986
pertaining to Section 9-305. Roll call vote was taken with
the following results:
Commissioner Freeman
Commissioner Stormont
Mayor Pro Tem Lytton
Yes
No
Yes
Motion carried.
Amendment 185: 9-501, 502: 11-101-105: Page 166-167:
Motion was made by Mayor Pro Tem Lytton and seconded
Commissioner Freeman to deny proposed Amendment 185.
carried unanimously.
260-261
by
Motion
Amendment 196: 9-601 et seg.: Page 178ff
Motion was made by Mayor Pro Tem Lytton and seconded by
Commissioner Freeman to approve the attached amendments to
the Floodplain Management Standards, subject to the provi-
sions of 44CFR, Parts 59 and 60, effective June 30, 1987.
Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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BO.:1rd of r.otlncy Commissioners
ORDP~;\NC"- NO.
-1987
o,p-
AN ORDINANCE A:IE~DING SECTION 6-201, ~!CNROE
CCUN7"i DEVElOF~!E~:T REGUl.ATIONS, IN ORDER TO
REQUB!': THAT THE BUILDING OFFICIAL CONSIDER
All RELEVANT DATA CONCERNING PROPER CON-
STRUCTION STANDARDS IN A ZONE AREAS OF
SPECIAL FLOOD HAZARD; PROVIDING FOR A DEFINI-
TION OF MANUFACTURED HOMES; PROVIDING THAT
All NANUFACTURED HOMES TO BE PLACED IN, OR
SUBSTANTIALLY IMPROVED IN, SPECIAL FLOOD
HAZARD ZONES AI-30. AH AND AE MEET CERTAIN
ElEVATION REQUIRENENTS AND ANCHORING REQUIRE-
~E~TS; PROVIDING THAT I-'.ANUFACTURED HOMES
PLACED IN, OR SUESTANTIALlY IMPROVED IN, HIGH
HAZARD FLOOD ZO~ES V, VE AND VI-30 SHALL MEET
ALL THE REQUIREMENTS OF SECTIONS
9-n03(R) (J) (d) AND 9-603(B) (4) AND ANY OTHER
REQUIREm:NT OTHER\HSE APPLICABLE TO CONVEN-
TIONAL HOUSING IN THOSE ZONF.S; DELETING ALL
REFERENCES TO MOnILE HOMES IN 9-603(B)(3)(d)'
AND REPLACING SUCH RF.FERtNCF.S WITH THE PHRASE
MANUFACTURED HOUSING; AMENDING SECTION
9-603(?,)(/d(d) TO REQUIRE THAT'A REGISTERED
ARCHITECT OR PROFESSIONAL ENGINEER SHALL
REVIEH OR DEVELOP CERTAIN DESIGN FEATURES FOR
STRUCTURES IN AREAS OF HIGH FLOOD HAZARD;
PROVIDING FOR TIlE REPF:AL OF ALL DEVELOPMF:NT
REGULATIONS INCONSISTENT HEREtHTH; PROVIDING
FOR S~VF.RABILITY; PROVIDING FOR INCORPORATION
INTO THE MONROE COllNTY DEVEtOPI'IENT REGU-
LATIONS: AND PROVIDING FOR AN EFFECTIVE
DATE.
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t.1iEREAS. recenc changes mude hy FEMA to che Code of Feder:11
Regulncions reg:Jnlin~ flood plain mnn;lgcmt!nc ill Curn rl'CJuire
:1mendrnencs to che Monroe Councy Development Regulations chat
couch upon flood plnin managemenc; und
WHEREAS, ic is desired Co mnke such changes to insure Monroe
Councy's ccncinued p~rcicipacicn' in che Nation:11 Flood Insurance
P:'ogram; ~nrl
WHEREAS, ull the public h~aring5 reCJuired hy Chapters
380.05, 163, and l~S. L;a.:; of Florida. havt! I,....n held; now.
thl.'refore.
131.: IT ORD.\ WED In' Tlil-; flOAHD OF r.0l1NTY r.m-I~!J SSIONEI~S or
:-:m!ROi:: CCU:ri'l. FLOR IDA:
Seccion I.
Section 6-:01, ~10nroc Councy Devclopmenc
I\el;ul.lcions. is ~er('by ,1I:1l'lIdc'd hy the ;ultlicion of clw rotlowin~;
"0. The C"Junc./ Buillline Orrici..:11 sh~11
also obtain. re'lic'", ane! :,casonabl... t1cili~e .1n" h:lse
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r..:!C!ui=-in~ thJC n~".~ .:unstru.:c:ion. subst:ll1c1.al imorOVI'-
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See cion 'l
SeCCil'l1 9-IiOJ(I~) (3). Honroe C,'uncy D('velop-
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menc Regu13cions. is hereby a~cnded to read as follows:
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"J. Manu:;1 L" r:urerl Hmr,E:'s.
a.
N.. tl..r j t h S t:Jn din g S e c. J - I 0 1 (1A - 10) .
'm:lnll f.1ctllr~J heme' for rhe nurDO~CS of Set.:.
~1-60J me<1n~ .1 ~trucCure. transoort.1hlc in nn!"'
..r more ~ectirnR. which is built on <1
r.er.:1:1n,'nt chassis and dC'signed to he used
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I",ith ot" I",ithollt a permanent foundation tOhen
connecced to th~ recuired utilities. The
term al:;o includes Dark trailers. travel
trailers, and similar transoortable
struccures olaced on a site for 130
consecutive davs or longer and intended to be
imeroved prooertv.
b. All manufactured homes to he olaced or
subst.1n:i<lllv improved within Zones AI-JO.
AH, and AE shall be elevated on a oermanent
foundation such that the lowest floor of the
manufactured home is at or above base flood
elevation and shall be secure Iv anchored to
an adeouatelv anchored foundation svstem in
accordance with the orovisions of Sec.
9-603(13) (3) (d).
c. All manu~accured homes to he placed or
suhstantiallv imeroved within Zones V, VE,
and VI-JO shnll meet the standards described
ill See!;. 9-603(B)(Jl(d) and 9-li03(B)(4) and
all other standards otherwise rE:'ouircd or new
conventi.on.,l hOll~in~ loc:tt..d in those s.,me
zones.
d. All ~~Bt*e-R~~~~ manufactured homes shall be
anchored to resist flot3tion, collnrs~ or
laterill movemenr. by providin~ over-the-tup
and framp. ties to ground ;)nchors. Specific
requirements shnll he th~t:
(i)
Over-the-top tics shnll be provided Jt
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c3~h ~nd of the m~ei!~-HM~~ manuf~c:ured
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with one ~~dition~l tic per side ~t ~n
inrC'rmc>di.:lte location for ffil'lAtl:~-l'l"f!le"
manu:.1ctured home!> less than fifey fec>t
(50') l.lng .1nd t..u, ':Illd i. t ion':ll t i ,'s per
side ~t intermedi~r;e locations for
~eetl:e-k~me~ m~nufactured homes of
fifty feet (50') or greater length:
(ii) Frame ti~s shall be provided at each
corner of the ~l'let!e-R~f!le manufactur~d
home with four (4) additional ties per
side at intermediate locations for
Ilt"hi,ie-l'l"me.'l manllf.1cturcd homes less
than (50') long and fi~e (5) additional
ties per side i1t intermediate loc~tions
for ~l'letl:e-k"f!le~ manufactured homes of
fifry fec>t SO' or greater l~ngth:
(iiU
All components of the ~nchorin~ sy!>tem
must be cap~hle of carrying a force of
~.OOO pounds for mehi,te-k..me"
m~nuf~ctured homes rxisting on the
..ffective date of these rer,lIlations or
.',;-\00 pounds for new lll~h1,~~-R~tlle:!
l!lunuf.1cturpt! homes: and
(iv) Any additions to thl.! ",,,kHe-k,,/ltt!
manufacturp.d home shall be similarly
.:mchored.
e. An exisrinl'. lT1.:lOuf.Jctu:-cd home '..hic!! is
d~maepri or other..i5p' in need of :-eoair.
:-econstruc::ion or imorovt'!ncnt the valllC of
which meets or c:<ceeds 50~ of the value of
the :-!.1nuf.lctured home !>h.Jll :"lor he reonircd.
reC'1ns c::-::c::pd. imornvpd or ~.:!:> 1.1(:ed exceoc hv
n ~unufac:urcd home which mee:~ the rp.cent
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s c:.:lnd., rds promul ga teu hv the Dcoartmen t 0 f
Hc~s!ng and Urban Develooment in 24 C.F.R.
JZSO.J08(C)(Z) and. in acdition. meets th~
s~3ndards set forth in Secs: 9-60J(B)(J)(b).
9-603(B)(])(c). and 9-603(B)(])(d). as
:J(lnlic~lblt!. "
Section J.
Section 9-603(B) (4) (d) is hereb:r amended to
read as fa llows :
~~ b~~p!id"~~-wieh-p~evi~i~"~-~e"eHiM~d-i"
9~egeeeie"~-fdt7-fet-aRd-fet-~hdtt-ee-e~~ei€i~6_6Y
8-p~A€e~~ieRdl-~Mgi~ee~-e~-H~~hieeee~
"d. A registered orofessionill engineer or architect
shall
develop or' review the structural
~I~ . slwI'i f i C:l ~ i Oil:' ;tnd .p. LIn:: for thl'
construction. and shall certify that the
dl':;;~n and m...t:hods of cOII,:tructioo to he used
are in accordanc~ with the accepted standards-
of practice for mper.in~ thc prov; sions of
sections (a). (b) and (c)."
Section 4.
All sections of the Monroe County Development
Regulations or parts thereof in conflict with these sections are
hereby repealed to the extent of said conflict.
Secc:ion s.
If any section, subsection, sentence, clause
of provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 6.
The provisions of this Ordinance shall be
included and incorporated into the Monroe County Development
Regul:Jtions as iln ilddition and amendmcnr thereto when this
Ordinance takes ~[fcct.
5I::c::.on 7.
This Ordinance sh~ll take effect when the
administrative rul~ of the Governor ane Cabinet. sitting ilS the
Board of AJministration, adopting this Ordinilnce as an amendment
to the ~onroe County Development RegulJtions, goes in:o effect.
6
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~!\Jn:"oe Coune:y,
PASSED AND ADOPTED by e:he Board of Coune:y Commissioners of
on e:hC'
O:IY of
FloricL:1, ae: a re!;ular r:1cee:inr, of 5aid Board held
1\.0.,1937.
....-
(SEAL)
Ae:t:est::
Clerk
ADOPTF:D:
ADOPTED BY BOARD OF ADMINISTRATION:
BOARD OF COUNTY CO~~ISSIONERS
OF MONROE COUNTY. FLORIDA
By
MayorlCha~rman
EFFECTIVE DATE:
7
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