Ordinance 011-1986
Monroe County Commission
ORDINANCE NO.
011-1986
AN ORDINANCE CREATING A MONROE COUNTY
COMPREHENSIVE PLAN RESOURCES AND GRANTS TEAM;
PROVIDING FOR THE POWERS AND DUTIES OF SUCH
TEAM; PROVIDING FOR MEMBERS AND THE METHOD OF
SELECTION, TERM AND PAYMENT THEREOF; PRO-
VIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 28th, 1986, the Board of County Commis-
sioners of Monroe County, Florida, approved and transmitted to
the state the Comprehensive Land Use Plan mandated by Chapters
163 and 380, Laws of Florida, and the principles for guiding
development contained in Chapter 27-8F, F.A.C., designating the
Keys portion of Monroe County an area of critical state concern,
and
WHEREAS, it is desired that the new Land Use Plan preserve
the natural beauty and environmental integrity of the Florida
Keys not just for the citizens of Monroe County but for citizens
of the State of Florida and the nation as a whole, and
WHEREAS, the citizens of Monroe County deeply appreciate the
concern of others for the Keys and are greatly desirous of
protecting the Keys for all, and
WHEREAS, the citizens of Keys are, in a sense, waiving
various development rights and advantages for the benefit of all,
and
WHEREAS, such waiver will result in financial loss not just
to individual Keys property owners but, to the extent that there
is a reduction in economic opportunities and in a shrunken tax
base, a financial loss to all the citizens of Monroe County, and
WHEREAS, time is of the essence in lining up adequate
financial aid in order to ameliorate the effects of the plan, and
WHEREAS, the best way to seek out such aid is to rapidly
assemble a team of able legal experts assisted when necessary by
nonlegal help, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. There is hereby created a Monroe County
Comprehensive Plan Resources and Grants Team which shall have the
following duties and powers:
a.) Coordinate and apply, or direct responsible county
officials to apply, for all available grants, whether from the
federal government, from state government or from any other
lawful source, which may be available in order to offset the
unfavorable financial impact on the taxpayers of Monroe County of
the new state mandated Comprehensive Land Use Plan.
b.) Contact the members of the state and federal
executive branches and the state and federal legislative branches
concerning those branches desire and ability to provide finan-
cial, in kind, or other aid to Monroe County as The County seeks
to implement the Comprehensive Land Use Plan and offset the
unfavorable financial effects of that plan.
c.) All other powers reasonably implied which are
necessary to carrying out the above described duties.
Section 2. a.) Since the powers and duties described above
are primarily of a legal and technical nature, it is the intent
of the Board of County Commissioners of Monroe County that,
pursuant to F.S. 125.01(b), two (2) of the team members shall be
members in good standing of the Florida Bar. One member of the
team may be a nonlawyer, but he or she shall work under the
direct supervision of the attorney team members. In no case
shall this ordinance be construed as authorizing or permitting
the nonattorney member to engage in the unauthorized practice of
law.
b.) A team member shall be selected by a majority vote
of the Board of County Commissioners.
c. ) The attorney team members shall be independent
contractors and entitled to compensation in the amount of
Ninety Dollars ($90.00) per hour, plus reasonable expenses, which
shall be the sole remuneration for services rendered. The
attorney team members term of service shall be at the sufferance
of the Board. Attorney team members shall submit their bills for
2
hourly fees on a monthly basis to the Clerk of the Circuit Court
of Monroe County who is hereby directed to pay the same forthwith
out of funds budgeted by the Board for such purposes. Reasonable
expenses shall also be paid promptly by the Clerk, out of budget-
ed funds, when accompanied by appropriate documentation.
d.) Given the exigency of the fiscal situation created
by the new Land Use Plan, the nonattorney team member shall be an
emergency employee as that term is defined in Section 2-51(b)(4),
Monroe County Code, and shall be subj ect to all the terms of
employment in that section. The nonattorney member shall be
compensated at a negotiated amount per hour, which shall be the
sole remuneration for services rendered. The nonattorney team
member shall be paid, out of funds budgeted for that purpose by
the Board, by the Clerk. Reasonable expenses shall be paid
promptly by the Clerk out of budgeted funds, when accompanied by
appropriate documentation. The nonattorney team member shall
also serve at the sufferance of the Board.
e.) Upon selection by the Board of the team members,
either attorney or nonattorney, the terms of engagement, which
terms shall reflect the requirements of this ordinance, shall be
reduced to writing and signed by the team member and the Mayor on
behalf of the Commission. Upon failure of the parties to agree
to terms, the selection shall be deemed void and the Board shall
select another attorney or nonattorney as applicable.
f.) The Board of County Commissioners shall designate
one attorney team member the team member in charge and any
policy, strategy or procedural disputes among the team members
shall be resolved by him.
Section 3. 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 4. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5. This ordinance shall not be incorporated into
the Monroe County Code of Ordinances.
3
Section ~ This ordinance shall take effect when a copy has
been received by the postal authorities of the government of the
United States for special delivery by registered mail to the
Department of State.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
r:----.- .. ~
By ~.". t\ .,....~. "'",,-. ~
Mayor/Chairman
(SEAL)
Attest: J:)ANNX L. KOLHAGE, Clerk
,12~/ ~ I 1) t':
CLERK
ADOPTED:
S It. ? 0
FILED WITH SECRETARY OF STATE:
,~-~:J -$?C,
EFFECTIVE DATE:
~/.J,7-lr
c):'
(,\'"\ /lS TO FORM
.' ~:mCIEt~'
1 ~----'-,' 'vJ
,Xfiee L
4
mann!, 1.. I{olbage
,.:-TCH OFFICE
'IWERSEAS HIGHWAY
- ATHON, FWRIDA 33050
_ '. :l05) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FWRIDA 33070
TEL. (305) 852-9253
May 22, 1986
REGISTERED MAIL
RETURN RECIEPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 011-1986 creating a Monroe County Comprehensive Plan
Resources and Grants Team. This Ordinance was adopted by
the Monroe County Board of County Commissioners at a regular
meeting in formal session on May 16, 1986.
Enclosed please find a certified copy of said
Ordinance.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
/)/ l'
../ / r
Enclosure
cc: Mayor Wilhelmina Harvey
Commissioner Alison Fahrer
Commissioner William Freeman
Commissioner John Stormont
Commissioner Edwin Swift
County Administrator
County Att 'ey
Fjnance Dr ment
~ile
.
R 181 002 888
~'
~,-'. ,-..
•
SENDER: Complete items 1,2,3 and 4.
g Put your address in the"RETURN TO"space on the
3 r,eeverse side.Failure to do this will prevent this card from.
lSeing,returned to you.The return receipt fee will provide
co
.- you the name of the person delivered to and the date of
a delivery.For additional fees the following services are
✓ available.Consult postmaster for fees and check boxes) •
.� for service(s)requested.
r
m1. ❑ Show to whom,date and address of delivery. ' -
�a' 2. 0 Restricted Delivery.
63
ctn 3. Article Addressed to: Mrs. Liz Cloud, Chief
Bureau of Admin. Codes & Laws-
Dept. of State, The Capitol
Tallahassee, Florida 32301
4. Type of Service: Article Number
Registered ❑ Insured 181 002 888
4 ❑ Certified ❑COD
❑ Express Mail
Always obtain signature of addressee or agent and
DATE DELIVERED.
▪ 5. Signature—Addressee
S X
H 6. Si.n• gent'---' • ;.
Id
Fri
1986 ,rri
z 8.rAddressee's Address(ONLY ifrequestcd and ee
•
ate ..
o
m u z,
1
May 27, 1986
Honorable Danny Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provIsIons of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of May 22, 1986
and certified copy/ies of Monroe
County Ordinance(s) 86-11, 86-12, 86-13 & 86-14
2. Receipt of County Ordinance(s)
relative to:
(a)
which we have numbered
(b)
which we have numbered
3. We have filed r~f~/these Ordinance(s) In this office
on May 27, 1986.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
~ ~
~ ~
(Mrs.) Liz Cloud, Chief
Bureau of Administrative Code
LC/mb
FLDRIDA -State-Qftjj~-Arf~
"f-"~,:~_:'~; .. :~.,.' -~ ... -. . ~
.~~":!:,' ;.:,J'~I: ~'_",
,r:o:'::"- ....::::~, >.-:::..~;:
':. ~~ -',7
KEYS
PROOF OF PUBLICATION
Box 597, TAVERNIER, FL. 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared DAGNY \'()lff
, who on oath, says that he is EDITOR & PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
Nailcr or ItffOfTION TO COOSIDCR
in the Court, was published in said
newspaper in the issues of 4-~
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
IN THE MATTER OF
Jv/
,....,
)
1'\ !
l!../)' . ./:
,V
~
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 01
securing this said advertisement for publication in the
said newspaper.
SEAL
SWORN TO AND SUBSC ED BEFORE HIS 24
DAV OF -4A~'
L . N/"~?4~" ;-0
NOTARY rUW( STt,TE OF FLORfD~
MY COMMISSION EXPIRES. MY (:OMN,!SSION eXPIRES APR 2 19117
llC'NDED THRU GP-)[RAL 1:'~SI!P ',"( I .,
~
NOTICE drori'BNT)ON 1'0 CONSIOEa
AOOPTlott.~"INANCE
NOTJCE'Ut"KEREBY mv~"'TO WHOM IT MAY CONC~;RN~tl..t''''.'ri<tliv.
:r.~Jit~~~'~~~~~'C~~i~J~'M.~';:~~:..,
'~~Io~~lht>~''1'~~(Jtili/'llUJl.'\':'''''' "
,i>!lDlllANc&NOi' ;';lf1N,
AN ORDlNANC-t'\,'R'EA11NGA MONltot{~t)h'"'YC'OMP/(EH~;NSIVK
PLAN RESOU,RCES AN()GJWrfS TE-A~ ~WI"'lDIJIl(; t:(~,'1'1t.; .POWERS
AND DUTI,E;S OF SUCH TEAM; PROVIDING FOR I4t.M,BERS AND THE
M~tIOD OF SELECTION; TERM ANDJ'>AYlIJEN1''f~roF: PROVIDI!II(i
FOR SEVERABIL./11y;;rao"U:lING :Jl'O'RTJ$fr REPEAL OF, ALL
ORDINANCES OR PARTS JlF ORDtNANOES IN CONFLICT WITH .lFHIS
QRlm~!:'ffiJl!;f\~J;\'!tl~II;l!~..,~RiAN,~~~lY~ Il.\::~,:, ,y
:~t ti>Sertitm,1"286.'ltillll.'Fl.;rida StatutL'i,!idtiei-f>\'w.<'irthsl'lfa ~h
decided to appe~l,apY;~~by thellt'l'fltwitil ~'tH anymatler
consideredal sudfflparinwi:.r lrifi'till/....; ~ willneell It !'rt'i,;,h>flhe pnK",,'dinf.,'S.
and thaI. for such'pu~", ihelllsy r\iOI!d 10 _lI"":l.hal,"''''itiatim J't'{'ord of Ih"
PrlK'eeriingsjs made',lVhlch recoNl'i.wjades thet\!!ltillll...y alll! eVidence upon whjch
the appeal is 10 he ha...ed.
I>A TE D at KeyWesl. Florida, ihi" 8th day of April. J 986,
DANNY L. KOLHAI;E
CJerk of th(' Cirl'uil {'(lurt
flf.N\-,nruttCuunty. FlllrinM
,'an<h,,',lj'lic... CI~rk uf Ihe
w)ard~,r Gount; (;;mrlniN~.mt"rs
. ,of Monnft.> CUtRlty. "'IHrida
Puhlished: April 17 &.24;11lll'6
1'h<< Reporter ' " ,
Tave~Ilier. FL 1l=lll71)
4'
"-"'~---'''''__'Hf''''''''''''",;"",
MI
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA)
ss.
COUNTY OF MONROE)
Before the undersiged authority personally appeared
kt/irtAAA,Q,2)in , who on oath says that he is
4tLL,LtL172a/t-k21 of the Key West Citizen, a daily news-
y ,,- •;
paper published at Key West in Monroe County, Florida; that the
_ 1
attached copy of advertisement, being a
NOiTjIGE OF I NTENiililO,
itio- TOICONSIDER ADOPTION••.
��% OF COUNTY ORDINANCE '
NOTICE IS HEREBY GIVEN TO
n WHOM IT MAY CONCERN that on
Friday, May 2, 1986 at 3,00 P.M.in
Courtroom B, 500 Whitehead Street, 1
Key West,Monroe County,Florida,the
in the matter of Board of County Commissioners of
Monroe County, Florida, intends to
6M/0040,l9 MA/1.4-,0— pl.a-y, ��LSZI/iGeo County Ord nanceconer the tion of the following
n n ORDINANCE CREATING -
W /vq" �E' MONROE COUNTY RESOURCES
PREHENSIVE PLAN RESOURCES
AND GRANTS TEAM; PROVIDING 1
FOR THE POWERS AND DUTIES OF
SUCH TEAM; PROVIDING FOR
' MEMBERS AND THE METHOD OF
SELECTION,TERM AND PAYMENT
THEREOF; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL OR-
DINANCES OR PARTS OF OR-
was published in said newspaper in the is %NitNCES, IN CONFLICT WITH
THIS. ORDINANCE; AND
�� Q, f q PROVIDING FOR AN EFFECTIVE
v (. L0 5 I ' 1 eC 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 ton any
Affiant further says that the said Z matter considered of such hearings or S
a newspaper published at Key West, in sail meetings,he will need a record ofpfhe I. ,
I procee ings, and That, for such ur- lda
and that the said newspaper has heretofor pose, he may need�to ensure that a lub-
verbatim record of .he proceedings is
lished in said Monroe County, Florida, ea made, which record includes the la S
1 testimony and evidence upon which the Jff
y )
and has been entered as second class mail appealistoice
in KeyWest, in said Monroe County, Flora DATED at Key West, Florida, this ne
Bth day of Apri1,1986. {
year next preceeding the first publican DANNYurtofM L. AGE #Py
Clerk of the Circuit Court of Monroe
County,Florida and ex officio Clerk of I
of advertisement; and of f iant further sa� the Board of County Commissioners of r paid
Monroe County, Florida I
nor promised any person, firm or corporat April11,25,1986 pate,
commission or refund for the purpose of s __,, _ __'.�_ --sement
for publication in the said newspaper.
- (---- 1:10RIDI, /efli ,
N - ;;i,',',j;.. ,,,i,,:
t�C) '( 27 19�!
(SEAL) ' . i\v Tr',.a,:1,s '0;�, _ ` � L
.... `,.�� n:::.
SWORD-ANDSUBSCRIBED before me this c'a'-9day of 19
:- - -- frzle
i COMMISSION E PIRES :
P BLIC
•
PROOF OF PUBLICATION
•
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA ) -
•
COUNTY OF MONROE )
Before the undersigned authority personally appeared MARY LOU NE I S H , who on oath, says
that he is OFFICE MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a T N TENT TO CONS T D E R AD OP T. OF ORD. /7
IN THE MATTER OF COMPREHENSIVE PLAN RESOURCES & GRANTS TEAM in the
Court, was published in said
newspaper in the issues of April 1 7 2 4 1 9 8 6
NOTICE OF
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- CONINTENTION
IDER ADOPTTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously TO WHOM IT MAY CONCERN
that on Friday,.May 2, 1986 at
i 3:00 P.M In Courtroom
r K v Blfue 00
published in said Monroe County, Florida, each week (on Thursday)and has been entered as second I Monroe County, ;Florida the
iBoard of County Commissioners
of Monroe County, Florida, in-
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one I tends to consider the adoption of
i the following Countyy Ordinance;
ORDINANCE NO.-1986
AN ORDINANCE CREAT-R:..
year next preceding the first publication of the attached copy of advertisement; and affiant further ING A MONROE COUNTY .;
COMPREHENSIVE .PLAN,..
RESOURCES AND;"
GRANTS TEAM; PROVID-,:•
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, com- ING _FOR THE..POWERS-
TEAA-MD PROVID OF
SFOR.
MEMBERS AND THE
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. _METHOD_OF-SELECTION
TERM AND PAYMENT_
THEREOF; PROVIDING:_ -
FOR SEVERABILITY;.
...4 PROVIDING FOR THE:RE-
PEAL OF ALL. ORDI- -;
NANCES-OR PARTS- OF,:�:
ORDINANCES IN CON''-,-
i FLICT WITH THIS ORDI-
_ NANCE; AND PROVIDING
FOR AN- EFFECTIVE
(SEAL) P�su of to Section 286.0105,
ffff Florida Statutes, notice is given
_ g that if a person decided to ap-
SWORN TO AND SUBSCRIBED BEFORE ME THIS ` Beard wy decisionrep mode by the
.J - pearawith respect to any mat-
-
_ ter considered at such hearings
q-.1.2(1
� or meetings,he will need a rec-
ord OF � A.DI 19• Ve for suof the prpo e, es,and thne d i for such purpose, he may need
to ensure that a verbatim record
NOTARY PUBLIC STATE OF IF whicherecordincludes is
teesli-
6/X4u (- • 7 _��J NY COMMISSION EXP. FEB 17 1489 the ppeal is to tie bastion which •
• BONDED THRU GENERAL INS. UND. this 8thDdav o April,1986 rtda,
DANNY L.KOLHAGE
Clerk of the Circuit Court
of Monroe County,Florida
an exoff to Clerk of e
Board of Commissioners
countyCommissionea rs
of Monroe County,Florida_
Publish:April 17,24,1986