Item T02M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tern David Rice, District 4
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Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
November 14, 2017
Agenda Item Number: T2
Agenda Item Summary #3499
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert (305) 292 -3470
N/A
AGENDA ITEM WORDING: Approval to advertise for public hearing for adoption of an
ordinance amending Section 22 -127 Establishment of advisory board, in order to remove a specific
time requirement for Duck Key Security District advisory board meetings
ITEM BACKGROUND: On February 6, 1992 the Board of County Commissioners (BOCC)
enacted Ordinance No. 005 -1992 , which created the Duck Key Security District and established the
Duck Key Security Advisory Board ( DKSAB). Monroe County Code Sec. 22- 127(e), Establishment
of advisory board, currently provides in part that Advisory Board meetings "shall be held every
other month on the first Tuesday of that month at 8:00 a.m. In order to allow flexibility on the time
that DKSDAB meetings may be held, this ordinance will remove the 8:00 a.m. time provided in the
code.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 005 -1992 enacted by BOCC February 6, 1992
Ordinance No 012 -1994 enacted by BOCC June 16, 1994
Ordinance 001 -2009 enacted by the BOCC January 28, 2009
Ordinance 16 -2014 enacted by the BOCC September 17, 2014
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
DKSAB ordinance removing time requirement of advisory board meetings
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: advertisement cost for public hearing
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Bob Shillinger
Completed
10/23/2017 5:28 PM
Christine Limbert
Completed
10/24/2017 8:40 AM
Budget and Finance
Completed
10/25/2017 8:22 AM
Maria Slavik
Completed
10/25/2017 8:42 AM
Kathy Peters
Completed
10/25/2017 9:48 AM
Board of County Commissioners
Pending
11/14/2017 9:00 AM
ORDINANCE NO. -2017
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
22- 127(e), ESTABLISHMENT OF ADVISORY BOARD, IN
ORDER TO REMOVE THE TIME WHEN DUCK KEY
SECURITY DISTRICT ADVISORY BOARD MEETINGS
ARE TO BE HELD TO ALLOW FLEXIBILITY FOR
HOLDING ADVISORY BOARD MEETINGS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 6, 1992 the Board of County Commissioners (BOCC) enacted
Ordinance No. 005-1992, which created the Duck Key Security District and established the Duck
Key Security Advisory Board (DKSAB); and
WHEREAS, Monroe County Code Sec. 22- 127(e), Establishment of advisory board,
provides in part that Advisory Board meetings "shall be held every other month on the first
Tuesday of that month at
8:00 a.m.; and
WHEREAS, in order to allow flexibility on the time that DKSDAB meetings may be
held, this ordinance will remove the 8:00 a.m. time provided in the code;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 22- 127(e) shall be amended to read as follows:
Establishment of advisory board. An advisory board is hereby established for the Duck Key
Security District. The advisory board shall be composed of seven members who shall be owners
of real property located in the district or residents thereof. The members of the advisory board
shall be appointed by the governing body. The Monroe County Sheriffs Office shall appoint
one ex- officio member to the advisory board. The advisory board shall perform such duties as
may be prescribed by the governing body and this section and shall submit within the time
period specified by the governing body or this section as applicable a report on the district's
proposed activities and a proposed budget to accomplish the district's objectives. In formulating
a plan for law enforcement services, the advisory board shall consult with the appropriate staff
of the County of Monroe or the Sheriff of Monroe County, to assist in the preparation of the
district's plan for such services. All meetings of the advisory board shall be open to the public.
The advisory board members shall be appointed for staggered terms of three years. The initial
appointment shall be three members for a one -year term; two members for a two -year term and
two members for a three -year term. Vacancies shall be filled for the unexpired portion of a term
in the same manner as the initial appointment is made. Each member shall hold office until his
successor is appointed and qualified unless the member ceases to be qualified or is removed
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from office. All members shall serve at the pleasure of the board of county commissioners,
except for the ex- officio member appointed by the sheriff. Upon appointment and qualification
each year the members shall organize by electing from their membership a chairman, vice -
chairman and a secretary. The advisory board shall recommend, with the approval of a majority
of a quorum of the board members, and the board of county commissioners may approve, the
actions of the Duck Key Security District. The powers of the board of county commissioners
shall include but not be limited to:
(1) Enter into contracts and agreements;
(2) Have exclusive control of funds legally available to it, subject to limitations
imposed by law or by this section or by any agreement validly entered into by it;
(3) Cooperate and contract with other governmental agencies or other public bodies;
(4) Contract with the county or private agencies for increased levels of law
enforcement protection, including additional personnel;
(5) Make and collect non ad valorem assessments to finance the law enforcement
services authorized in this section;
(6) Exercise all lawful powers incidental to the effective and expedient
exercise of the forgoing powers.
Term of office and term limits: The term of advisory board members shall be for three years.
Members shall be limited to serve three consecutive terms. The three -year term limit shall be
prospectively applied from the effective date of this section. The term of the chairman, vice -
chairman, and secretary shall be for two years and shall be limited to serve two consecutive
terms for a total of four consecutive years.
Advisory board meetings: Meetings shall be held every other month on the first Tuesday of that
month ^*
Attendance: All members of the Duck Key Security Advisory Board shall attend two - thirds of
all meetings of the board. If a board member is unable to be present for at least two - thirds of the
board meetings in any given year, they will be asked to submit their resignation to the board for
consideration to accept or not accept their resignation.
SECTION2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or
declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining
portions of this ordinance. 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 parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed
with the
Department of state and shall be effective as provided in section 125.66(2), Florida Statutes.
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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 , 2017.
Mayor
Mayor Pro Tem
Commissioner
Commissioner
Commissioner
(SEAL)
Attest: KEVIN MADOK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By:
Mayor /Chairperson
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