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Ordinance 017-1987 Commissioner Gene Lytton ORDINANCE NO. 017 -1987 AN ORDINANCE AMENDING SECTION 4-l02D, MONROE COUNTY DEVELOPMENT REGULATIONS, IN ORDER TO PROVIDE THAT PLANNING COMMISSION MEMBERS SHALL BE COMPENSATED AT THE RATE OF $5,200 PER YEAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL DEVELOPMENT REGULATIONS INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY DEVELOPMENT REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, to have Planning Commission members serve at the pleasure of the Board of County Commissioners is supported by traditional democratic practice and best serves the legislative authority and responsibility of the Board of County Commission- ers; and WHEREAS, it is desired to make such a change in the Monroe County Development Regulations during the current review process; and WHEREAS, all the public hearings required by Chapters 380.05, 163, and 125, Laws of Florida, have been held; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ~. MONROE COUNTY, FLORIDA, that: Section 1. Section 4-l02(D)(2), Monroe County Develop- ment Regulations, is hereby amended to read as follows: "2. Members may be removed for cause prior to the expiration of their appointment by a majority vote of the Board of County Commissioners and shall be compensated in the amount of $5,200 per year; the aforesaid compensation to be retroactive for each member of the Planning Commission commencing the 1st day of October, 1986. All funds paid in accordance with the provisions of this Ordinance shall be paid from funds furnished to the County through the State of Florida." In all other respects, Section 4-l02(D)(2) shall remain in full force and effect. Section 2. Section 4-102(D) (6), Monroe County Develop- ment Regulations, is hereby amended to read as follows: 6. In addition to removal pursuant to subsection (2), if any member of the Commission shall fail to attend three (3) regular meetings of the Commission within any three month period such failure shall constitute sufficient grounds for termination of the member's appointment. The Chairman or the Vice-Chairman, as the case may be, shall immediately file a notification of such non-attendance with the County Administrator for placement on the agenda of the Board of County Commissioners, and the Board shall, by appropriate action, terminate the appointment of such person and fill the vacancy thereby created as soon as practicable. 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 Development Regulations or parts of Development Regulations of Monroe County in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 5. The provisions of this Ordinance shall be included and incorporated in the Development Regulations of Monroe County, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Development Regulations Section 6. This Ordinance shall take effect when the administrative rule of the Governor and Cabinet, sitting as the Board of Administration, adopting this Ordinance as an amendment to the Monroe County Development Regulations goes into effect. 2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the eI IIJ day of ,J~ ~l!?.. , A.D., 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Attest: DANNY L. KOLHAGE, Clerk -./ / ~ ,.J ~~ a;<~ .1/1" j yor a~rman ~.L l?~1j)~ ,c er ADOPTED: ~ -~.'7 I FILED WITH SECRETARY OF STATE: ~ - 8'... g'7 EFFECTIVE DATE: (? - /0 - K 7 A~P vr:D AS TO fORM A."I 'f: r.:.11.: "UFFir:!E.....fi",Cf2~Y... " "".'J""'" . / -- (l FN ~--~ 1 .". /~:,"r,1.?:.r:'/p Of"F:'t.~ / V 3 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, May 19, 1987 at 5:00 P.M. in Courtroom "B", 500 Whitehead Street, Key West, Monroe County, Florida, and on Tuesday, June 2, 1987 at 5:00 P.M. at the Plantation Key Government Center, Plantation Key, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1987 AN ORDINANCE AMENDING SECTION 4-102D, MONROE COUNTY DEVELOPMENT REGULATIONS, IN ORDER TO PROVIDE THAT PLANNING COMMISSION MEMBERS SHALL BE COMPENSATED AT THE RATE OF $5,200 PER YEAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL DEVELOPMENT REGULATIONS INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY DEVELOPMENT REGULATIONS; 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 ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 27th day of April, 1987. DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) . iiiiii . . 74 Rdeeft . . , PROOF OF PUBLICATION SERVING THE UPPER KEYS BOX 1197, TAVERNIER, FL. 33070 STATE OF FLORIDA ) COUNTY OF MONROE ' ) Before the undersigned authority personally appeared DAGNY WOI FF , who on oath, says that he is EDITOR AND PUBLISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida; that the attached copy of advertisement, being a LEGAL NOTICE IN.THE MATTER OF INTENTION TO CONSIDER ADOPTION OF CO . ORDINANCE in the - " Court, was published in said_ _ _ T ___ ____ —- . ______ ______ K_,_a_ ____ newspaper in the issues of 5/7t 5/14 21/87 �~ / / ! • NOTICE OF INTENTION TO CONSIDERADOPTION OF COUNTY ORDINANCE Affiant further says that the said REPORTER newspaper published at Tavernier, in said Monroe co: NO TICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday,May 19,1987 at 5:00 p.m.in Courtroom"B",500 Whitehead Street,Key and that the said newspaper has heretofore) West,Monroe County,Florida,and on Tuesday,June 2,1987 at 5:00 p.m.at the Florida, 9 Plantation Key Government Center,Plantation Key,Monroe County,Florida,the in the said Monroe Count p, Board of County Commissioners of Monroe County,.Florida,intends to consider continuously publishedy the adoption of the following County Ordinance: , each week (on Thursday), and has been entered as set ORDINANCE NO. -1987 y AN ORDINANCE AMENDING SECTION 4-102D, MONROE COUNTY class mail matter at the Post Office in Tavernier, DEVELOPMENT REGULATIONS, IN ORDER TO ,PROVIDE THAT ,PLANNING COMMISSION MEMBERS SHALL BE COMPENSATED AT THE County Of Monroe, Florida, for a period of one yeai,. RATE OF $5,200 PER YEAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL DEVELOPMENT REGULATIONS preceding the first publication of the attached c0p'ITEREH; NG ORPORAN INTO d THENCONSIS MONROENT HE COUNTY WIT DEVELOPMENTPROVIDI FOR REINCGULATIONS;TIO AND advertisement; and affiant further says that he has PROVIDING AN EFFECTIVE DATE. paid nor promised any firm, person, or corporation . Pursuant to Section 286.01.05,Florida Statutes,notice is given that if a person decided to appeal any decision made by the Blloard awiteh orespectth eo pancy matter ngs, discount, rebate, commission or refund for the purF considered at such hearings ion maings,heeBuredata verbatimreordofthe and that,for such purpose,he may need to ensure,that a record of the securing this said advertisement for publication ir is made,which,record includes the testimony and evidence upon which Cthe appeal is to be based. said newspaper. Copies of the above ordinance are available for review at the various public ',ow. / libraries in Monroe County,Florida. fDATED,at Key West,Florida,this 27th day of April,1987. ^ 211-- �/� DANNY L.KOLHAGE C/.�A- �jJ(/ � Clerk of the Circuit Court I . of Monroe.County,Florida SEAL f • and ex officio Clerk of the Board of County Commissioner SWORN TO AND SUBSCRIBED EFORE ME THIS 0 of Monroe County,Florida 21 ' Published:517,5/14&5121187 ST DAY OF M Y A.D. , 19 87 The Reporter '_ - - - _ Tavernier,FL 33070 1, NOTARY PUBLI _ - - -. = NOTARY PUBLIC,STATE OF FLORIDA - MY ION EXPIRES: MY COMMIc$:QN EXPIRES MAR. 15, 1990. DONDED THRU NOTARY PUBLIC UNDERWRITERS. _^\ • 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 CHARLOTTE SIKORA , who on oath, says that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County, Florida; that the attached copy of advertisement, being a PROPOSED ORDINANCE 4-102D F' nroe Cty . Development Regulation IN THE MATTER OF in the Court, was published in said newspaper in the issues of M a y 6 , 1 3 , 2 0 . 1 9 8 7 , NOTICE OF INTENTION TO , Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-_ • OFOCNOUNTYR ORDINANCE I NOTICE IS HEREBY GIVEN thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously TOar WHOM n T IT MAY-CONCERN nAMay ONCER 5:00 P.M.in Courtroom„'JB'•500 Whitehead Street;=Key. West, ; published in said Monroe County, Florida, each week (on Thursday)and has been entered as second I Monroe County,Florida,and on Tuesday, June -2, 1987 at 5:00 P.M.at the Plantation Key Gov-. class mail matter at thepost office in Marathon, in said Monroe County, Florida, foraperiod of one Monroe Center,Pla lrold n Key, .Monroe County, Flrolssl the Board r County Commissioners of Monroe County, Florida, In- ' year next preceding the first publication of the attached copy of advertisement; and affiant further i the folllo°w`ng County O ddinance f 'ORDINANCE- says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- 1 •- NO.-1987- ., I I AN ORDINANCE AMENDING.I • (COUNTY 4DEVELOPMENT,1 • mission or refund for the purpose of securingthis advertisement for publication in the said newspaper. REGULATIONS,IN ORDER TO ' PROVIDE THAT PLANNING _ - - SHALLfSBENCOMPENSATED _------__ ' - . I AT THE RATE OF 55,200 PER • _ - _- VERAB LtTY-PROVIDINGROFOR V DING 1 _ _ ����T/J�J�) FOR THE-REPEAL OF ALL' a-4, `ems X DEVELOPMENT REGULE-: .r:�/ WITH;INCONSISTENT HERE- - WITH; PROVIDING FOR IN- (SEAL) ' = _ _ CORPORATION INTO THE -- _ -' -. - - _•. - MONROE COUNTY DEVEL- OPMENT REGULATIONS; _ - - ; _ / AND PROVIDING AN EFFEC- -• SWORN TO ', i u': -BSCRIBED BEFORE ME THIS TIVE DATE. Pursuant to Section 286.0105, ,. Florida Statutes, notice is given DAY OF L�W,- Alf A.D 19 that i-1 a person decided to ap >r _� / peat any decision made by the _ Board with respect to any mat- ter _ -- -- /�ij�, , /,` /�%- " considered at such hearings ., or he he will need a rec- ord of the proceedings,and that, -' for such purpose, he may need to ensure that a verbatim record NOT OPUBLIC STATE OF FLORIt'A which ithe proceedingsorindudist made, oft repd includes the Lade,mony and evidence upon whichNY ISSION EXP. AUG 1;,1988 the appeal is to be based. Copies of the above ordinance BONDED TNRU GENERAL IRRS. 11XDo are available for review at the, ' various public libraries In Mon- roe County,Florida. DATED at Key West, Florida,! this 27th day of april,1987. DANNY L.KOLHAGEI Clerk of the Circuit Court) - of Monroe County,Florida, an ex officio Clerk of the} ' Board,County Commissioners: of-Monroe County Florida P. ) ublish:May 6,13,20,198i, Florida Keys Keynoter 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 jg7t/ /:-/WW( d'A) , who on oath says that he is /Plie,4 7S6<✓C, 1-y,� of the Key West Citizen, a daily news— paper published at Key West in Monroe County, Florida; that the attached copy of advertisement, being a - , NOTICEDO"� INTENTION- - -MENT REGULATIONS; AN! /{/0�C(` OF /.v 7TOCONSIDIIAADOPTION PROVIDING AN EFFECTIVE I' OF COUNT .'ORDINANCE " DATE. NOTICE IS HEREBY GIVEN TO Pursuant to Section 286.0105 ha in the matter of WHOM IT MAY CONCERN that on Florida Statutes,notice is given an I ' Tuesday, May 19, 1987 at 5:00 P.M. if a person decided to appeal an decision mades in Courtroom "B, 500 Whitehead the wia Street„Key West, Monroe County, respect to any matter considered a Florida, and on Tuesday, June 2, such hearings or meetings, he wil /3. W.r?,9n7 O',c ,/n/i y 1987 at 5:00 P.M. at the Plantation need a record of the proceedings Key Government Center, Plantation and that, for such purpose, he mad L><A!q- CC Key, Monroe County, Florida, the need to ensure that a verbatin Board of County Commissioners of record of the proceedings is made r Monroe County, Florida, intends to which record includes the testimom Z--tea/N� /'T, 2 b consider the adoption of the and evidence upon which the allea ` following County Ordinance. is to be based. ORDINANCE NO. -1987 Copies of the above ordinance ar AN ORDINANCE • AMENDING available for review at the varioc was published in said newspaper i SECTION 4-102D, MONROE public libraries in Monroe Countl COUNTY DEVELOPMENT Florida. REGULATIONS, IN ORDER TO DATED at Key West,Florida,thl P ,/ P /9 /e- 3'O /` 7 1/?` PROVIDE THAT PLANNING 27th day of April,1987. / , /i COMMISSION MEMBERS SHALL DANNY L.KOLHAG { BE COMPENSATED AT THE Clerkoftf Affiant further says that th RATE OF $5,200 PER YEAR; CircuitCou' Y , of Monroe Count a newspaper published at Key Westti PROVIDING FOR Florida and c and that the said newspaper has hI FOR THE PROVIDING oardio Counl FOR THE REPEAL OF ALL the Board of Count lished in said Monroe County, Flo DEVELOPMENT REGULATIONS Commissioners ofMonrc y INCONSISTENT HEREWITH; County,Floric and has been entered as second cliff PROVIDING FOR I N- April 30,May 7,21,1987 in Key West, in said Monroe Countl CORPORATION INTO THE — year next preceeding the first pjMONROE COUNTY DEVELOP- of advertisement; and affiant furf :r says that he has neither7Frf . 4 nor promised any person, firm or corboration any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. �r �:� R^ r' Q���51 RES Li t' v 2.7 1957, L /�, Eig ? C�7-!1�',;1,S.51C?!�ll'. J1��� 2�' 1�£ I (SEAL.��- -- J l.. SWORN} S'D UBSCRIBED efore me this c,7 day of 19V • ..—/ COMMISSION EXPIRES: NOT P L C . ' PS Form 3800, June 1385 U.S.G.P.O.153306 jo p o a m. g n v cn cn 3 j `D` �a y 3 w H O bd 00 Mp, r33 n r� .� s 'O n.D 3 D N a m I—'� fl o, • M y y a n �lD m m 7a • fig " m a a //ma�cc 0 0 d to a 7 `l, ,9 .7s G pp t- z TI I PD d N' ja w a)N O N• oc-8 Cr1 T 3 >2 CDa 9 r yn lsJ Il 3 ' `C2 �n it v, 1, p., H. o vv c fr y. w AfaTTatIS :uggy SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee willProvideyou the name of the erson delivered to and the date of delive .For additional fees the following services are available.Consult . postmaster for fees and check box es)for additional service(s)requested. 1. 0 Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addressed-to: Mrs. Liz Cloud, Chief 4.Article Number 593085 1 10 Bureau of Admin Code & Laws P Department of Type of service:: State El Registered The Capitol Certified ❑ Insured Tallahassee, FL 32301 Express Mail ❑ COD Always obtain signature of addressee or 5.Signature—Addressee •agent and DATE DELIVERED. X 8.Addressee's Address(ONLY if 6. requested,r f.•ee paid) X Si/j —Age �e�,� S�,� Q� 7. Bate of Delivery • 5"-7 'sh '' JUN 1 °� PS Form 3811,Feb.1986 • ~ URN RECEIPT mann!, I.. i\olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON. FLORIDA 33050 TEL. (3051 743.9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST. FLORIDA 33040 TEL. (305) 294-4641 June 8, 1987 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 CERTIFIED 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. 017-1987 amending Section 4-l02D, Monroe County Development Regulations, in order to provide that Planning Commission memqers shall be compensated at the rate of $5,200 per year, etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on June 2, 1987. 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 By: Rosalie L. C Deputy Clerk Enclosure cc: Department of Community Affairs Commissioner Eugene Lytton County Attorney County Administrator Plann' Director Fi ce Director ~le , _ f 573 0'0 110 (, I iI . f.'LORIDA DEPARTM[NT OF STATE George Firestone Snlde]l\ of Stdtl.' Dorothy W. Jo.yce Deputy Secretary F~r Elections l802-E TllC Capitol June 11, 1987 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Floiida 33040 I f I 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 and certified copy/ies of Morrroe County Ordinance(s) #87-15, Emergency Ord. #87-16 and ./Ord. # 8 7 -1 7 June 8, 1987 2. Receipt of relative to: County Ordinance(s) ( a) which we have numbered (b) which we have numbered We have filed ~i~/these ordinan~es June 10 3. in this office 4. the fil:ilng date I CO~~~lY, ~ (M~t:iz Cloud, Chief Bureau of Administrative Code Lei mb Enclosures DIYISIONl OJf ftf.CTIS~~j?, ~~om i Q01, TRe Capitol, Tallahassee,' ~lorid~. 32301 f' -+t,~c:~ t904, :188-7"90 Iwom 1804.-E On.1.tnunccs