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Ordinance 024-1985Mayor Wilhelmina Harvey ORDINANCE NO. 024 -1985 AN ORDINANCE ESTABLISHING A COMMISSION FOR THE AID OF THE HANDICAPPED; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENTS AND TERMS FOR OFFICERS OF THIS COMMISSION; PROVIDING FOR THE ORGANIZING OF SAID COMMISSION AND THE PREROGATIVES AND POWERS OF THE COMMISSION; PROVIDING FOR LIMITATIONS ON THE POWERS OF THE COMMISSION; PROVIDING FOR THE HELP AND ASSISTANCE TO BE PROVIDED BY OTHER COUNTY PERSONNEL; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County wishes to assist and aid the phys- ically handicapped in any and all ways that are legally possible, and WHEREAS, as an addition, the Board now desires to create a body for the purpose of aiding these people, and the said body shall be herein known as the Commission for the Advancement of the Physically Handicapped, and WHEREAS, the Board finds and does indicate that there is a very definite problem concerning the physically handicapped in Monroe County and that those persons should be afforded any and all assistance that is legally possible, and WHEREAS, such a Commission for the Advancement of the Physically Handicapped can play an important part in the lives of these unfortunate people and shall from time to time propose to the Commission either ordinances or resolutions that may have some significant impact of the everyday problems of these phys- ically handicapped individuals, now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. That there is hereby created and established a commission to be hereinafter entitled "Commission for the Ad- vancement for the Physically Handicapped." The number of persons on said Commission to be appointed by the Board of County Commis- sioners shall be as follows: 12 . Section 2. Members who are appointed to this Commission shall be representative of any and all organizations or agencies that are dedicated to the advancement of the physically handi- capped or of individuals who have exhibited a dedication and an interest in helping those persons who have physical handicaps. Two (2) members of this Commission, appointed by the Mayor, shall be physically handicapped and the other ten (10) members of this Commission may or may not be physically handicapped, using the term "physically handicapped" to be defined as in the Code of Federal Regulations. Members of this Commission shall either work or be residents of Monroe County. Members who serve on this Commission should not be candidates for election to any public office. Section 3. The original Commission appointed under this Ordinance shall be composed of two (2) members selected by each member of the Monroe County Board of County Commissioners and two (2) who shall be selected in the following fashion: by the Mayor. Section 4. The Chairperson of this first Commission shall be selected by the Aid to the Handicapped Commission at its first meeting and shall serve in such capacity for a period of one (1) year. As Chairperson this person shall be responsible for advising individuals and organizations in Monroe County of the existence of this Commission and its purposes. It is provided herein that when the appointments are made, both initially and at later times or vacancies, at least two members of this Commission shall have physical handicaps. The initial appointments made to this Commission shall be for a period of time as is stated hereinafter; each Commissioner from Districts 3 and 4 shall appoint at least two (2) members to this Commission for a term of one (1) year; Commissioners from Districts 1, 2, and 5 shall make appointments to this Commission for a period of two (2) years and the at -large membership of this Commission shall be appointed by the Mayor for a period of three (3) years. Subsequent thereto, any and all appointments shall be for a period of three (3) years. If any vacancy occurs on the 2 Commission the County Commission of Monroe county shall appoint someone in the category designated to the remainder of the unexpired term of office. Members of this Commission may be removed without cause only by a majority vote of the Board of County Commissioners. The Commission herein appointed may discharge and remove a member thereof who has missed three (3) consecutive members without good and just reason. If one is removed from the Commission, the Chairperson of the Commission shall certify the same to the Board of County Commissioners, and at that time it is deemed that the vacancy will then occur for that particular position. If vacancies occur on the Commission, the Commission itself shall recommend at least three (3) persons to the Board of County Commissioners, and from said list, the Board of County Commis- sioners shall fill the vacancy. The terms of officers created by this Ordinance shall commence on the 1st day of January and, consequently, the termination date of any and all appointments will be on the 31st day of December. Section 5. At the initial meeting of the Commission created herein an election will be held wherein the Commission will select a Chairperson, a Vice -Chairperson and a Secretary. It will take seven (7) persons on this Commission to constitute a quorum which shall be necessary to hold any meeting or take any action whatsoever. The first meeting of this Commission shall occur on the 14th day after the Commission is so selected and designated by the Board of County Commissioners and shall be presided over by a temporarily elected Chairperson, whose position and authority will be transerred to the elected Chairperson at that initial meeting. The Chairperson of the Commission will set the date, time and place of all meetings, but a special meeting may be arranged upon the call of at least four (4) members of this Commission in writing. There shall be at least six (6) meetings a year. All minutes shall be kept by the Secretary and be part of the regular and permanent records of this Commission. Any and all meetings shall be public and shall be properly noticed to the public. 3 Section 6. No compensation shall be paid to people select- ed to this Commission, but the Board of County Commissioners does hereby provided that any legally incurred travel expenses going back and forth to the meetings of the Commission shall be com- pensated. Section 7. The Commission created hereunder shall have the following powers: a. Advise the Board of County Commissioners, and when asked by the County Commission, make recommendations and suggestions to the County administration on any and all matters that pertain to the status and handling of physically handicapped persons' problems which shall include, but not be limited to, discrimination against physically handicapped persons; the employment of physically handicapped persons; the vocational and manual training for physically handicapped persons; the determination of the transportation needs of the physically handicapped persons; determine the attitudes toward the physical- ly handicapped persons in the community, and in so doing, recom- mend what is, in their judgment, a proper procedure to follow in resolving this and then to report the various doings and findings of the Commission to the Board of County Commissioners of Monroe County. b. Act in a liaison capacity between the Board of County Commissioners of Monroe County and the people in this County who are physically handicapped to the point of consulting with representatives of this body from time to time as requested and necessary in order to carry out the Commission's functions and duties. C. When necessary and desirable, initiate studies and have studies made which are in respect to the needs of the physically handicapped, which shall include any discrimination or improper actions toward the handicapped in this County and any method to investigate in such studies the employment, education, and transportation and other problems relating to the physically handicapped; to determine the difficulties involved in the establishment of a residential center for physically handicapped 4 persons; the treatment of these people, recreational services and other facilities for the physically handicapped and problems of attitude or barriers toward the physically handicapped. d. Formulate and recommend plans and programs for the coordination of activities of all government entities and non- governmental agencies dealing with problems of the physically handicapped. e. Serve as a resource facility to physically handicapped persons and to those persons who are interested in advancing the welfare of physically handicapped persons. f. Solicit and accept funds from persons interested in the activities of the Commission herein created so as to further the carrying out of the duties and activities of this Commission for the Advancement of the Physically Handicapped. g. Form other activities that relate to this Commission, which shall be referred to them by the Board of County Commis- sioners of Monroe County. h. Annually prepare a report to be submitted to the Board of County Commissioners reflecting and showing the study activ- ities that have been conducted at its request. Section 8. It is understood that the powers, duties and prerogatives of this Commission are only advisory. The right to subpoena witnesses or compel the attendance of witnesses does not exist with this Commission, and the Commission shall have no power to appoint County offices or employees to make any decisions or any determinations that have any effect upon the acts and conduct of the business of this Commission. The County Commission can determine who and what members of the staff in the administration of the County of Monroe shall be involved in aiding this Commission where requested. The County Administrator, at his discretion, may direct any staff member or employee of this County, to aid this Commission in its activities when requested. Section 9. 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. 5 Section 10. All ordinances or parts of ordinances in con- flict with this ordinance are hereby repealed to the extent of any such conflict. Section 11. 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 conform to the uniform numbering system of the Code. Section 12 This ordinance shall take effect upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 0 1— day of A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA a 00 0 M�M I ���� = 2 i 0 � Z M - - (SEAL) At t e s t : DANNY L, KOLHAGE, Clerk ULEKK ADOPTED:- Ff ; - g,s FILED WITH SECRETARY OF STATE: EFFECTIVE DATE: APPROVED AS TO FORM AND aGAL SUFF/c! -#72 BY Attomey's Office C: NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, August 2, 1985 at 8:30 A.M. at Courtroom "B" of the Monroe County Courthouse Annex, 500 Whitehead Street, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1985 AN ORDINANCE ESTABLISHING A COMMISSION FOR THE AID OF THE HANDICAPPED, PROVIDING FOR THE QUALIFICATIONS, APPOINTMENTS AND TERMS FOR OFFICERS OF THIS COMMISSION; PROVIDING FOR THE ORGANIZING OF SAID COMMISSION AND THE PREROGATIVES AND POWERS OF THE COMMISSION; PROVIDING FOR LIMITATIONS ON THE POWERS OF THE COMMISSION; PROVIDING FOR THE HELP AND ASSISTANCE TO BE PROVIDED BY OTHER COUNTY PERSONNEL; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN 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. DATED at Key West, Florida, this llth day of July, 1985. 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) V � 1 PROOF OF PUBLICAT4ON" 6ERVING THE UPPER KEYS BOX 1197, TAVERNIER, FL:. 33070 ..STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned au'thcrity personally appeared j1ASNY WOLM 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 IN THE MATTER OF N4nT,ICE OF TNMNTION M CONSIDER in the Court, was published in said newspaper in the issues of 7 11 1Q-4� Affiant further says that the said REPORTER is a — — newspaper published at Tavernier, in said Monroe Cot NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE Florida, and that the said newspaper has heretofore NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, continuously published in the said Monroe County, F August2,1985at8:30A.M.atCourtroom'B"oftheMonroeCountyCou_rthouse, Annex, 500 Whitehead Street, Key West, Monroe County, Florida, the Board of each week (on Thursday) and has been entered as set County Commissioner of Monroe County, Florida, intends to consider the adop- tion of the following Co ty Ordinance: j class mail matter at the Post Office in Tavernier, ORDINANCE NO. -1985 I County Of Monroe, Florida, for a period of One year AN ORDINANCE ESTABLISHING A COMMISSION FOR THE AID OF THE I preceding the first publication Of the attached cop HANDICAPPED, PROVIDING FOR THE QUALIFICATIONS, APPOIN- TMENTS AND TERMS FOR OFFICERS OF THIS COMMISSION; PROVIDING advertisement; and affiant further says that he has; FOR THE ORGANIZING OF SAID COMMISSION ANDTHE PREROGATIVES i AND POWERS OF THE COMMISSION; PROVIDING FOR THE LIMITATIONS paid nor promised any firm, person, or corporation ON'THE POWERS OF THE COMMISSION; PROVIDING FOR THE HELP AND ASSISTANCE TO BE PROVIDED BY OTHER COUNTY PERSONNEL; discount rebate COmm1SSlOn OT refund for the. purp� PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR 1 e i PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR IN - securing this said advertisement for publication iIl, PROVIDINGANEFFELUSION IN THE CTIVEDAOE OENTY CODE OF ORDINANCES; AND said newspaper. 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 con- t sidered at such hearings or meetings, he will need a record of the proceedings, and i 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. DATED AT Key West,Florida, this 11th day of July,1985.- SWdRN TO ND SUBSC I BEFORE,�ME THIS Est l DANNYL..KOLHAGE Clerk of the Circuit Court DAY OF 11QT% -A • D • 1 9 of Monroe Co my Florida _� z !- p and ex offic Clerk of the . Board of County mmissioners of Monroe ounty. Florin. Published: 7111 & 7/25/85 T A _Y P U B L I C, p The Reporter Tavernier, FL 33070 IOTA ZY PUBLIC S-FA-I E OF FLORII)A MY COMMISSION EXPIRES: MY rnAAAAI1rQ4l87 BONDED THRU GENERAL INSURANCE- UtiIC BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 ;Dannp V Ralbage CLERK OF THE CIRCUIT COURT 16TH JUDICIAL CIRCUIT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 RECORDER TEL. (305) 294-4641 COLLECTOR OF DELINQUENT TAXES August 22, 1985 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 33040 Dear Mrs. Cloud: BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 COUNTY CLERK COUNTY AUDITOR The Board of County Commissioners at a regular meeting in formal session on August 16, 1985 adopted Ordinance No. 024-1985 establishing a Commission For The Aid Of The Handicapped. Enclosed please find a certified copy of this Ordinance. Please file for record. Very truly yours, Danny L. Kolhage Clerk of Circuit Court and ex officio Board of County Commissioners by: _ Deputy Clerk Enclosure cc: Municipal Code Corporation County Administrator County Attorney VFi 1e 1�* r N rn T 033 767 960 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Cloud Street and No. The Capitol P.Q,�i1ctSSeeo 11ar FL 3230T Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of Delivery T0T&&Aa@sAAge and Fees $ KE Po ark 'f/ rylt s OF ZHE tT,�,, Why p�� H � G < _ p W u � FLORIDA DEPARTMENT OFSTATE George Firestone Secretary of State August 26, 1985 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County Courthouse S00 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Simmons, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of August 22. 1985 and certified copy/ies of Monroe County Ord. LC/mb No. 85-24 2. Receipt of County Ordinance/s relative to: (a) which we have numbered (b) which we have numbered 3. We have filed this/these Ordinance(s) in this office on August 26, 1985. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially, (Mrs.) z Cloud, Chief Bureau of Administrative Code FLORIDA-State of the Arts ACHNOWLZWNZw DATE: August 27, 1985 TO: Monroe Count Y, Florida (Supplement No. 24) We are in receipt of the following material which will be con- sidered for inclusion in the neat Supplement to your Code: Ordinance No. 024-1985 Thank you for your assistance and cooperation. kb Robert L. Laslie Vice President . Supplements Municipal Code Corporation