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BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Bulk Item: Yes _ No X Division: Budget & Finance Department: OMB Staff Contact Person/Phone #: Penny Kipp X4470 AGENDA ITEM WORDING: A Public Hearing to consider approval of a resolution for a Budget Amendment of Fiscal Year 2010 Affordable Housing Program Fund 100. ITEM BACKGROUND: To align the budget with revenues and expenditures of on -going costs in Funds 100. This amendment will budget the necessary funds needed to provide working capital for a Community Development Block Grant that was approved by the BOCC on January 20, 2010. PREVIOUS RELEVANT BOCC ACTION: At last month's BOCC meeting, the Board approved to advertise a public hearing for a budget amendment for Fund 100 Affordable Housing Program. On May 19, 2010, the BOCC approved the Disaster Recovery Contract #IODB-K4-11-54-02-K24 with the State of Florida Department of Community Affairs for a countywide Disaster Recovery Initiative program related to 2008 storm disasters. On January 20, 2010, the BOCC approved Resolution 019- 2010 which authorized the use of $300,000 to be used from Fund 100 to provide working capital for Monroe County's Disaster Recovery Initiative 2008 Tropical Storm Faye Community Development Block Grant (CDBG) program. On October 21, 2009, the BOCC approved Resolution 384-2009 which authorized the submission of Disaster Recovery Initiative 2008 Tropical Storm Faye applications or requests for funding. It also authorized the Monroe County Housing Authority to prepare the applications and administer the program. On September 23, 2009, the BOCC adopted the FY2010 Operating and Capital Budgets. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No COST TO COUNTY: N/A SOURCE OF FUNDS: Fund 100 Interest Income & Fund Balance REVENUE PRODUCING: Yes No X AMOUNT PER MONTH APPROVED BY: County Atty _ /Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Year Revised 2/27/01 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary to conduct a public hearing as required by section 129.03, Florida Statutes, to amend the following: Affordable Housing Program Fund 100, for the fiscal year beginning October 1, 2009 and ending September 30, 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that a Public Hearing was conducted on July 21, 2010, at 3:00 P.M. to Affordable Housing Program Fund 100 budget and to adopted the amended budget as follows: Affordable Housing Program- Fund 100 Current Inc./(Dec.) Revised Revenues: Budget Budget 100-36100561 Interest Earnings $10,000.00 ($7,500.00) $2,500.00 100-389001 Less 5%FL Statute -$500.00 $375.00 -$125.00 100-389002 Fund Balance Forward $351,040.00 ($41384.00) $309,656.00 Total $360,540.00 ($48,509.00) $312,031.00 Appropriations: 100 01005 530340 Affordable Housing Initiative $252,378.00 $57,622.00 $310,000.00 100 85502 590990 Reserves 168 $36,054.00 -$34,023.00 $2,031.00 100 855502 590991 Reserves 168 $72,108.00 -$72,108.00 0.00 Total $360,540.00 ($48,509.00) $312,031.00 $0.00 $0.00 $0.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board on the 21 st day of July, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA an (Seal) Attest: DANNY L. KOLHAGE, Clerk Bdgt Amendment Reso Fund 100 1 Kipp -Penny From: Wood -Liz Sent: Tuesday, May 04, 2010 7:16 PM To: Gastesi-Roman; Frederick -Debbie; Slavik-Maria; Boan-Tina Cc: 'hsijob@aol.com'; Kipp -Penny Subject: DCA 2008 Disaster Recovery CDBG Program Contract Attachments: AIS, Contract Summary and 4-14-10 Agreement.pdf The attached contract provides Community Block Development Grant Disaster Recovery housing rehabilitation assistance to income qualified households who sustained damage to their home during the 2008 storm season. It provides $2.4 million in housing assistance. These funds may also be used to assist qualified households who did not sustain storm damage, but are required to make a central sewer service connection. Resolution 384- 2009 authorized up to $10,000 from Fund 100 for start up costs associated with preparation of applications and Housing Assistance Plans required to obtain the grant. Resolution 019-2010 authorized $300,000 from Fund 100 to provide working capital which will be reimbursed by the grant. I will be routing the Contract Summary for signature tomorrow for inclusion on the May 19 agenda. Maria, Tina — Please let me know when you are available and we will bring to you then send down to Administrator's office. Elizabeth A. Wood Senior Administrator - Monroe County, Sewer Projects 1100 Simonton Street, Suite 2-216 Key West, FL 33040 305-292-4525 `' ` Please consider the environment before printing this email HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.net/Pages/MonroeCoFL WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. 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PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Bulk Item: Yes _ No X Division: Public Works Department: Public Works Staff Contact: Beth Leto, #4560 AGENDA ITEM WORDING: A public hearing to consider adoption of an Ordinance amending Sec. 23-76, MCC adding specific language regarding "mobile business first time" for clarification. ITEM BACKGROUND: Following approval of Ordinance No. 019-2010, it was determined that the language "all persons" did not sufficiently clarify "mobile business first time" and specific language needed to be added to Section 23-76, MCC for clarification. PREVIOUS RELEVANT BOCC ACTION: 4/21/10 BOCC approved Ordinance No. 0 19-20 10 6116110 BOCC approved Public Hearing for July 21, 2010 @ 3:00 P.M. in Key West CONTRACT/AGREEMENT CHANGES: Adds specific language regarding "mobile business first time" STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a INDIRECT COST: n/a BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: n/a. SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 ORDINANCE NO. -2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY AMENDING SECTION 23-76 OF THE MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HERWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an amendment of Section 23-76 of the Monroe County Code (MCC) was previously approved by the Monroe County Board of County Commissioners at its regularly scheduled May 2010 board meeting; and WHEREAS, subsequent to the approval of the amendment the Monroe County Tax Collector informed the County of problematic issues in implementing Section 23-76 as amended; and WHEREAS, representatives from the Tax Collector's office met with representatives of the County in order to address the issues raised and to redraft the amendment to Section 23-76; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: [Proposed Text Changes are presented in st�-�ough to indicate deletions and underline to indicate additions.] SECTION 1. Sec. 23-76(a) is hereby amended to read as follows: (a) All persons obtaining a business tax for the first time . '.,,.., business e tax must complete the tax form prepared by the county tax collector- -shaP County Code. All mobile businesses obtaining a business tax for the first time must complete the tax form prepared by the county tax collector and shall provide proof of either a current commercial collection service qgreement pursuant to Section 21-74 2 of the Monroe Cogqty Code or a home occupation special use permit pursuant to Section 130-124 of the Monroe CognV Code. Thereafter, all mobile businesses renewing a business tax must continue to submit proof of either a current commercial collection service agreement pursuant to Section 21-74(2) of the Monroe County Code or a home occupation special use permit pursuant to Section 134-124 of the Monroe Coqgty Code along with the renewal fee. The business tax will not be issued or renewed until proof of either a current commercial collection service agreement or a home occupation special use permit is provided. The business tax provided for in this chapter is for the primary purpose of raising revenue. It is not a County permit to undertake any business, profession, or occupation at a particular site. The tax collector shall, on a monthly basis, provide the county planning department with a list of the taxpayer who have paid and the addresses of their respective businesses, professions, or occupations. If the tax is paid for a business, profession or occupation at an address that the planning department concludes violates that county's Iand development regulations or comprehensive plan, then the county's code enforcement department may undertake whatever action it deems proper to force a correction of that violation. A statement similar to this subsection must appear on all business tax forms. SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. 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 part of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. 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 confirm to the uniform numbering system of the code. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of March 2010. Mayor Sylvia Murphy Mayor Pro Tem. Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk ie BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Lo Mayor/Chairperson �. c ci ij i'l i it i ii ,J t7 lt�l-11G D0 tSTA i v iJiITY Oi��i�Y * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 %)VD Division/Department: County Attorney Bulk Item: Yes No X Staff Contact Person/Phone #: 3470/Suzanne Hutton AGENDA ITEM WORDING: A public hearing to consider adoption of a County Ordinance to amend sections of Chapters 19 and 25 of the Monroe County Code to clarify prohibited uses of County rights -of - way and provide limitations on appeals processes, additional enforcement measures, penalties and increased fees for permits. ITEM BACKGROUND: MCC currently requires permits for construction or improvements in existing rights -of -way and County roads and streets and Florida Statutes prohibits the obstruction of the normal use of a public street or road. This public hearing and proposed ordinance is being presented in response to the volume of citizen complaints and incidents involving obstruction of our streets and rights -of -way by, semi -permanent structures within the right-of-way, on or off the pavement, for which neither the existing MCC, nor Florida Statutes, effectively clarify nor provide adequate enforcement measures to alleviate the problem. The proposed ordinance amends Chapters 19 and 25 of the Monroe County Code to clarify prohibited uses of County streets and rights -of -way and provides limitations on appeal processes, additional enforcement measures, penalties and increases fees for permits in an effort to effectively address these issues. PREVIOUS RELEVANT BOCC ACTION: 6/16/10 BOCC approved public hearing for 7/21/10 @ 3:00 p.m. in Key West, FL (P-4) CONTRACTIAGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: INDIRECT COST: COST TO COUNTY: REVENUE PRODUCING: Yes _ No APPROVED BY: County Atty DOCUMENTATION: Included DISPOSITION: Revised 1/09 BUDGETED: Yes No SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Risk Management Not Required AGENDA ITEM # Mayor Murphy ORDINANCE NO. — 2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING MONROE COUNTY CODE CHAPTERS 19 AND 25; PROVIDING CLARIFICATION OF PROHIBITED USES OF RIGHTS -OF -WAY; PROVIDING FOR LIMITATION ON ATTEMPTS TO CIRCUMVENT THE APPEALS PROCESS BY EXCLUDING THE SUBMISSION OF NEW APPLICATIONS OR REQUESTS FOR CLARIFICATION TO START THE APPEAL TIME PERIOD RUNNING ANEW; PROVIDING PENALTIES; PROVIDING ADDITIONAL ENFORCEMENT MEASURES AND PROCEDURES; PROVIDING FOR INCREASED FEES FOR PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Monroe County Code Ch. 19 currently requires permits for construction or improvements in existing rights -of -way and all roads and streets dedicated to the County in order to preserve the functionality of the rights -of -way, to maintain smooth traffic flow, and to apply safety standards; and WHEREAS, Section 31.6.025(1), Florida Statutes (F.S.), currently prohibits the obstruction of the normal use of a public street or road by impeding traffic thereon; and WHEREAS, members of the public have complained about children playing on their streets, especially where semi -permanent structures such as basketball hoops have been placed within the right-of-way on or off the pavement, and refusing to move when motor vehicles pull into the streets, thereby endangering both themselves and the persons in the vehicles; and WHEREAS, an old County Engineer opinion regarding obstructions in the right-of-way is debatably inconsistent with existing Code provisions and it is deemed in the interest of public safety and welfare that the County Code be revised to clarify permissible uses and effectively repeal the old opinion; and WHEREAS, it has been deemed to be a matter of public welfare to create a separate ordinance reinforcing the state statutes regarding obstruction of traffic and pedestrian traffic violations for enforcement by the State Attorney, County Sheriff and the Courts, to which this ordinance is a companion; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 19-33, Monroe County Code, shall be amended to read: Co.Atty. Ord Amend. Ch. 19 and 25 Page 1 of 7 Sec. 19-33. Permit required. County public right-of-way use permits shall be required for all roads and streets to be constructed or improved in existing rights -of -way; and all roads and streets that are to be dedicated to the county; all construction or installation or maintenance of any public or private utility as provided for in section 19-36; and any structure, driveway, culvert, pavement, boulder, landscaping,landscgping, or object in the right-of-way or easement, other than those constructed or maintained by the county, within rights -of -way of the county road system as defined in F.S. § 334.03. Construction or installation within county -owned canals and county -owned waterways will likewise require a permit. A permit from the Florida Department of Transportation is required for the construction of accessways to or construction within the rights -of -way of any part of the state highway system as defined in F.S. § 334.03. SECTION 2. Section 19-43(d), Monroe County Code, shall be amended to read: Section 19-43(d). Fees. (d) The public works department shall charge and collect fees for the items at rates listed in the following schedules: (1) Application fee. A nonrefundable processing fee of $10.00 $500.00 shall accompany all county public right-of-way use permit applications. If the permit application is approved, the application fee will be applied to the permit fees as detailed under subsection (d)(2) of this section. (2) Permit fees. Fees for public works construction, under permit issued by the public works department, in canal, road and street rights -of -way and easements in the unincorporated area of the county and in the rights -of -way of canals, roads and streets located within municipalities that are maintained by the county are established as follows: a. For installation or repair of sanitary and storm sewers, waterlines, gas lines, and other underground utilities: TABLE INSET: For 100 lineal feet or fewer $14.00 $30.00 For each additional 100 lineal feet or fraction thereof 6.25 b. For French drains, consisting of catchbasin and seepage trench or slab covered trench: TABLE INSET: For the installation consisting of one or two catch basins, and seepage $12.50 trench or soakage pit of lengths not to exceed 100 lineal feet $30.00 c. For construction or replacement of sidewalks, curb and gutter: TABLE INSET: For 100 lineal feet or fewer $12-50 $25.00 For each additional 100 lineal feet or fraction thereof 6.25 Co.Atty. Ord Amend. Ch. 19 and 25 Page 2 of 7 d. For construction of driveways: TABLE INSET: For driveway width of 20 feet or fewer $10.00 $25.00 For driveway width greater than 20 feet but less than 40 feet (each 15.00 driveway) For driveway width greater than 40 feet (each driveway) 20.00 e. For construction of street pavements: 1. One -Lane or two-lane pavements (width of pavement zero to 24 feet): TABLE INSET: For 100 lineal feet or fewer $25-00 $50.00 For each additional 100 lineal feet or fraction thereof 10.00 2. Three or more lanes of pavement (aggregate width greater than 24 feet): TABLE INSET: For 100 lineal feet or fewer .00- $100.00 For each additional 100 lineal feet or fraction thereof 25.00 f. For paving of parkways and shoulders: TABLE INSET: For 100 lineal feet or fewer $2-5.00 $50.00 For each additional 100 lineal feet or fraction thereof 12.50 g. For construction of curb separators: - TABLE INSET: For 100 lineal feet or fewer $12.50 $25.00 For each additional 100 lineal feet or fraction thereof 5.00 h. For construction of bridges: TABLE INSET: For bridge roadway area of 1000 square feet or fewer $+N.00- $500.00 For each additional 100 square feet 25.00 11 Co.Atty. Ord Amend. CIS, 19 and 25 Page 3 of 7 i. For installation of permanent -type traffic barricades, guardrails and guide posts: TABLE INSET: For each 100 lineal feet or fewer $12.50 j. For construction of street or driveway culvert crossing of canals and drainage ditches (not controlled by DEP): TABLE INSET: For each lineal foot pipe, per foot of pipe diameter or fraction thereof $1.00 k. A pen -nit fee for a multiple -pipe culvert shall be determined by regarding the aggregate lengths as one continuous pipe. (3) Penalty fees. a. When work for which a pen -nit is required is commenced prior to obtaining a pennit, a penalty fee will be imposed. If the applicant can show that failure to apply for a permit is based on a good -faith belief that the construction is not affecting the county right-of-way, the penalty fee may be waived at the discretion of the public works director; provided, however, that violators promptly apply for a permit and pay all applicable fees. b. The penalty fee shall be $25.00 $250.00 plus double the original permit fee. c. The payment of such penalty fee shall not relieve any person, firm or corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve any person, firm or corporation from being subject to any of the penalties therein. SECTION 3. Section 19-46, Monroe County Code, shall be amended to read: See. 19-46. Appeals. Any party claiming to be aggrieved by a decision of the public work_ s director may appeal to the board of county commissioners by filing a written notice of appeal with the public works director within 30 days of the date of denial. Once a denial has been issued by the County public works director or his designee, the aggrieved pq11y shall be restricted to -only, the appeal to the BOCC within 30 days of the denial and shall not be allowed to submit a second application or a petition for clarification or any other mechanism to attempt to create a new date from which the 30 days for appeal shall run. ,SECTION 4. Section 19-47, Monroe County Code, shall be amended to read: See. 19-47. Time limits. (a) Within seven days after receipt of an application for a permit under this article, the director of public works (or his designee) shall review the application and shall request submittal of any additional information the director is permitted by law to require. If the applicant believes any request for additional information is not authorized by law or departmental rule, the applicant may shall notify the director that the applicant objects the grounds therefore and that he will rely a on his appellate rights under section 19-46 in the event the permit is denied. Within 15 days after Co.Atty. Ord Amend. Ch. 19 and 25 Page 4 of 7 receipt of saran submitted additional information, the director shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. If the applicant believes the request of the director for such additional information is not authorized by law or department rule, the depai -meet,a* he applicant's quest, shall notify of his objection and give notice to proceed to process the permit application. Permits shall be approved or denied within 30 days after receipt of the original application, the last item of timely requested additional material, or the applicant's written request to begin processing the permit application, whichever shall have last occurred. If the application is not approved or denied in writing within -360 days after the last submittal, it shall be deemed approved and the a licant ma demand the ermit be issued. Applications for permits may be denied solely on the basis of actual and irreconcilable conflict of the proposed work with provisions of the public works manual. Any denial of an application must state the specific basis upon which the denial is based. The permit shall be considered valid for six months beginning on the date of issuance unless the commencement date shall be beyond such time. If work does not commence by the end of this period, the permit shall be considered void and reapplication shall be necessary. Work must be completed by the completion date indicated on the application unless the permit is extended upon request to the department of public works with an explanation of the basis for such request. (b) A request may be made to the director of public works with the filing of an application for expedited review and processing, and provided that all information required as described in subsection (a) of this section is submitted with the application, the director shall make a reasonable effort to review and process the same within five days after receipt. SECTION 5. Section 19-48, Monroe County Code, shall be amended to read: Sec. 19-48. Restoration and penalty. No person shall use county rights -of -way or easements for any purpose for which a permit is required by this article without first obtaining a permit therefore up ss the use is eidsting upe unless otherwise authorized by law. In the event county rights -of -way or easements are used and/or construction or obstruction takes place without a permit, upon written notice by the public works director, the person shall apply for an after -the -fact permit and pay all fees and penalties as provided in Section 19-43 of this Cha ter- hereferand shall restore -he g& area for which an after -the -fact permit May not be issued to its original condition and cease any nonpermitted use except as noted in section 19-43(b). SECTION 6. Section 25-5, Monroe County Code, shall be created to read: Sec. 25-5. Prohibition of obstruction of traffic. It is unlawful for an erson or nersons willfully to obstruct the free convenient and normal use of an p1blic street highway, or road in the ' corporated areas of Monroe CoEpU by iMpeding, hindering, stifling, retarding, or restraining.traffic or passage thereon, by standing or approaching4pproaching motor vehicles thereon,or b endangerina the safe movement of vehicles or pedestrians traveling thereon; and @ny person or persons who violate the pLovisions of this subsectio a on conviction, shall be cited for a pedestrian violationpunishable as Drovided in Sections 25-6 Monroe Count Code. Co.Atty. Ord Amend. Ch. 19 and 25 Page 5 of 7 SECTION 7. Section 25-6, Monroe County Code, shall be created to read: See.25-6. Penalties. a An person cited for a violation of Section 25-5 Monroe CoAnty Code is charged with a noncriminal infraction and shall be cited for such an infraction as well as the corresponding state statute and shall be cited to appear before the court official who handles other traffic violations. b ALiy person cited for an infraction under this section must silan and accept a citation indicating a promise to a ear. The officer may indicate on the traffic citation the time and location of the scheduled hearing and must indicate the applicable civil penalty established in s. 318.18. c Agy person who willfully refuses to accept and sign a summons is gpilty of a misdemeanor of the second degree. SECTION 8. Section 25-35, Monroe County Code, shall be amended to read: See. 25-35. Parking of trucks, trailers and travel trailers, storage. (a) Within any residential district, no trucks, trailers or wagons of one -ton or greater capacity or recreational vehicle -type units, as defined in F.S. § 320.01, in excess of 42 feet in length and in excess of 8.5 feet in width shall be parked , ineWding evenlight, on the aveA d .part of any public right-of-way, or on private property except within a completely enclosed garage. No trailers of less than one -ton capacity, including all pleasure boat trailers regarding of capacity, collapsible camping trailers and cargo trailers shall be parked for storage purposes, including overnight, on any public right-of-way, but such trailers may be parked on private property in any district pursuant to subsection (b) of this section and this chapter. Only one recreational vehicle -type unit as defined in F.S § 320.01, shall be permitted on any one residential or mobile home lot for storage purposes as provided I this section. Trucks, trailers, wagons, or recreational vehicle -type units as referred to in this subsection may only be'parked on the same lot with and after the principal structure is erected. (b) All trailers, motor homes or motor coaches parked in accordance with this article shall be parked taking into account the setback requirements as is set forth in part II of this Code. (c) Trailers, motor homes or motor coaches that are parked for storage as per the provisions of this article shall not be used as a place of habitation. d No motor vehicle of my type shall be stored including parking overnight. on an ublic ri ht-of wa . A motor vehicle parked -on a public right-of-wayright-of-wqy in excess of sevenjytwo 72 hours shall be presumed to be stored. fie) z vVehicles stored on non-commercial private uroper� must be registered in the name of the owner or the tenant of the property where they are parked. A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section mqy issue a ticket in the form used by the county for parkin violations to the driver or, if the vehicle is unattended attach the ticket to the vehicle in a conspicuous place. All parking ticket penalties collected pursuant to this section must be remitted to the coup 's general fund. Co.Atty. Ord Amend. Ch. 19 and 25 Page 6 of 7 (g) in the case of -a- violation of this section, the law „enforcement officer or parking enforcement specialist, in addition to charging the owner or operator with any noncriminal violation set forth in subsections a through e of this section may have the vehicle towed and impounded at the owner's expense. The cost of such towing and impoundment shall be a lien against the vehicle. If the county court determines that the noncriminal violation charged was invalid: (1) The vehicle zmust be immediately released without charge and with the lien provided for in this section automatically extinguished; or (2)If.the owner or operator has paid the cost of towing and impoundment, the amount aid must be refunded. SECTION 9. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. 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 10. 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 11. INCLUSION IN THE CODE OF ORDINANCES. 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. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in section 125.66(2), Florida Statutes. 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 5,2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner Mario Di Gennaro Commissioner Kim Wigington (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson Co.Atty. Ord Amend. Ch. l9 and 25 Page 7 of 7 ,M rr4 IE _ .- {j 3F vim, 6A/0J * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 -KW Division/Department: County Attorney Bulk Item: Yes No X Staff Contact Person/Phone #: 3470/Suzanne Hutton AGENDA ITEM WORDING: A public hearing providing for the repeal of Ordinance No. 011-2010 regarding registration of lobbyists. ITEM BACKGROUND: On 6/16/10, the Board started to repeal Ordinance No. 011-2010 adopted by the Board on 4/21/10 requiring the registration of lobbyists, but it was advised that a separate public hearing was necessary since the advertisement for the 6/16 public hearing was for revision only. The Board also directed staff to bring back to the Board a proposed ordinance that mirrored related statutory provisions on this issue which may possibly be discussed and/or considered at the advertised public hearing, on 7/21/10 along with the repeal of Ordinance No. 011-2010 or at an advertised public hearing to be held at a later date. Staff has worked on a re -draft, but is still revising it to bring it into conformity with the comments of the commissioners at the 6/16 meeting. It will be brought back to BOCC at a later date. PREVIOUS RELEVANT BOCC ACTION: Enactment of Ordinances No. 10-1990, No. 20-1990, and No. 22-2004, prohibiting current and former employees and officials from lobbying activities; and Ordinance No. 11-2010, requiring registry by anyone lobbying Monroe County BOCC, commissioners, staff, boards and councils thereof & their members. 6/16/10 BOCC approval repeal of Ordinance No. 011-2010 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No APPROVED BY: County Atty DOCUMENTATION: Included DISPOSITION: Revised 1/09 AMOUNT PER MONTH Year OMB/Purchasing Risk Management Not Required AGENDA ITEM # Commissioner Wigington ORDINANCE NO. 011 — 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, PROVIDING FOR REGISTRATION OF REPRESENTATION OF OTHERS BEFORE BOARD OF COUNTY COMMISSIONERS, PLANNING COMMISSION AND OTHERS OF LOBBYING ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAT. OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the operation of an open and responsible government requires the full opportunity of the people to seek redress of grievances and to express their opinions on executive and legislative actions; and WHEREAS, it is important to the integrity of the governmental process that the citizens be informed of, or have accessible information regarding, efforts to influence legislative and executive actions; and WHEREAS, public disclosure of the persons and entities represented by those who seek to influence governmental action is essential to citizens' confidence in the integrity of their local government; and WHEREAS, persons who appear before the Board of County Commissioners, Planning Commission, Contractors Examining Board and many of the advisory boards to the Board of County Commissioners may, from time to time, omit to disclose in identifying themselves to the public body that they represent interests other than their own person interests; and WHEREAS, there is an intent to require registry of every person who attempts to influence legislative and administrative decision -making of governmental entities for the benefit of a person or entity other than themselves in order to more fully inform the citizens as to the persons or entities for whom the benefits are being sought; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2-148, Monroe County Code, shall be amended by adding the following definitions: Board means the Monroe County Board of County Commissioners. Compensation means a payment, distribution, loan, advance, reimbursement, deposit, salary, fee, retainer, or anything of value provided or owed to a lobbying firm, directly or indirectly, by a Principal for any lobbying activity. Lobbying Registry Page 1 of 5 Pages Commissioner wigington County means Monroe County, Florida. County chairman and County mayor are interchangeable terms which mean the Chairman of the Monroe County Board of County Commissioners. County office means any governmental office staffed by employees under the authority of the Board of County Commissioners. Development permit means the same as this term is defined in F.S. § 163.3164. Expenditure means the same as this term is defined in F.S. § 112.3215. Lobbyist means any person, partnership, corporation or other business entity that lobbies on behalf of a principal. Lobbyist does not mean a County or other government official employee or any other person affiliated with any government while acting in his or her official capacity. Any person who only appears in his or her individual capacity for the purpose of self -representation without compensation or reimbursement, or other personal benefit, to express support of or opposition to any item, shall not be required to register as a lobbyist. Planning Commission means the local planning agency, as further described in the land development regulations of the Monroe County Code. Principal means the person, partnership, joint venture, trust, association, corporation, governmental entity or other entity which has contracted for, employed, retained or otherwise engaged the services of a lobbyist. SECTION 2. Section 2-148, Monroe County Code, definition of Lobbying shall be amended to read as follows: - Lobbying means seeking, on behalf of another person or entity, to influence the Board, Contractors Examining Board, Planning Commission or any advisory body with respect to a decision in the area of policy or procurement or an attempt to obtain the goodwill of a County official or employee. "Lobbies" also means influencing or attempting to influence, on behalf of another, the Board's action or non -action through oral or written communication or an attempt to obtain the goodwill of a member or employee of the Board of County Commissioners or any board or council under their authority. Lobbying Registry Page 2 of 5 Pages Commissioner 'W igington SECTION 3. Registration of Lobbyists. Section 2-154, Monroe County Code, shall be created to read as follows: 2-154. Registration and Re -registration of Lobbyists. a) All lobbyists shalt register and re -register with the County Administrator's Office at the times specified in this article and on the forms prescribed from time to time by the County Administrator. (b) The forms prescribed for the registration and re -registration of lobbyists shall require, at a minimum, the following information and State under oath: (1) The lobbyist's name and business address; (2) The name and business address of each principal represented; (3) The specific areas of the principal's governmental interest; (4) Where the principal is a corporation or association, the name of the chief executive officer of the corporation or association; (5) Where the principal is a general partnership or joint venture, the names of all partners; (6) Where the principal is a limited partnership, the name of the general partner or partners; (7) Where the principal is a trust, the names of all trustees and beneficiaries; (8) Where the principal is a partnership, joint venture, corporation, association, trust or nongovernmental entity other than a natural person, the names of all natural persons holding, directly or indirectly, a five (5) percent or more ownership interest in the entity, and (9) Disclosure of any business, professional or familial relationship that the lobbyist or any employee of the lobbyist may have with any county officer or county employee. _. (c) The County Administrator or his designee shall post the Registry to the County website on a quarterly basis reflecting registrations which have been filed in accordance with this ordinance. (d) All lobbyists shall register with the County Administrator or his designee within five (5) business days of being retained as a lobbyist, before engaging in any lobbying activities, whichever shall come first, and re -register prior to January first of each year. Lobbying prior to registration is prohibited. Each lobbyist who ceases lobbying for a particular principal shall file a written notice of withdrawal. (e) County employees shall be diligent to ascertain whether persons required to register pursuant to this section have complied. Employees of a County office many not knowingly permit a person who is not registered pursuant to this section to lobby the employees of that office. Lobbying Registry Page 3 of 5 Pages Commissioner wigington (f) Upon discovery of violations of this section, any person may file a swom complaint with the County Administrator. (g) Investigation of violations; penalties; validity of actions. (1) The County Attorney or County Administrator, or their designee, shall be informed by any County employee or officer who knows of any person engaged in lobbying activities who has failed to comply with the registration reporting requirements of this article and, in each such instance, shall conduct such investigation as he or she shall deem necessary under the circumstances. The results of each investigation shall be reported to the Board. (2) After determination of a first violation of registration requirements, the Board may warn, reprimand or censure the violator or may suspend or prohibit the violator from appearing on behalf of any principal before the Board or any County advisory body or from otherwise lobbying for any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two (2) years, and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. After determination of a subsequent violation, the Board shall suspend or prohibit the violator from appearing on behalf of any principal before the Board or any County advisory body or from otherwise lobbying for any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two (2) years, and no sanction shall be imposed unless the lobbyist allegedly in violation has been aff-orded reasonable notice and an opportunity to be heard. The penalties provided in this subsection shall be the exclusive penalties imposed for violations of the registration requirements, of this article. The failure or refusal of any lobbyist to comply with any order of the Board suspending or prohibiting the lobbyist from lobbying shall be punishable as provided by law and shall otherwise be subject to such civil remedies as the County may pursue, including injunctive relief (3) The Board of County Commissioners may void any action or contract entered into in connection with a procurement matter where the County chairman, one or more County commissioners, or a member of the pertinent procurement committee has been lobbied in violation of the registration reporting requirements. (h) This section shall sunset on November 30, 2010. Lobbying Registry Page 4 of Pages Commissioner Wigington SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. 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 5. 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 6. INCLUSION IN THE CODE OF ORDINANCES. 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 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21 st day of April, 2010. MayorSylvia Murphy Yes Mayor Pro Temp Heather Carruthers Yes Commissioner Mario Di Gennaro Yes Commissioner George Neugent Yes Commissioner Kim Wigington yes (SEAL) Attest: DANNY L. KOLHAGE, Clerk .YL e. kdbi") Deputy Clerk cz M w © to LU �- L C%J + LU am Lobbying Registry Page 5 of 5 Pages BOARD OF COUNTY COMMISSIONERS OF MO R Q 7*!T By Mayor/Chairperson " III"' ,OF GODUTY ATTO 'JEY OVEa AS T R ti... M!E A. HUTTON Y AT NEY FLORIDA KEYS 5e �` ' € x y 4- P 7,7 7�' S i 55 I y __ ............ Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Sworn to d s rlibed before me this ay (�j2�2010 (SEAL) 3; i -maimI 1W. . AMLt�M; C-:3 ?ND 71 _> C.- M N CD -:a 2 4 4 = a5 '� C) -- 'Kjja� ho;- s,4 �"«"•",.. e MY COMM# DO 869749EXPIRil 18,2014 sooaee rnN ublic un&wrNxs Notary Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION FILED FOR RECORD 20I0 AUG I 0 PH 2: 43 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: ate(s) of publication) yCf omIRkxida23M, lttf�" PANNW4,- HAtQE. iot C�,CetntftCQltllf0ik.>I M Vof . (SEAL). Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Sworn4o alof sub ibed before me this 0" Da , 2010 (SEAL) BEVEALY DD lAA MY COMMISSION Ik DD 9&9749 =� y • EXPIRES: April 18, 2014 Notary ''� a;P,0.�` a«,dea 7nru Notary Pubic Undenoftm TheReporter , r j ;LED FOR ?-F _CORQ P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-0199 2010 AUG 10 PM 2-- 43 PROOF OF PUBLICATION "tt' F , �TGE STATE OF FLORIDA , COUNTY OF MONROE Before the undersigned authority personally appeared DAVID GOODHUE who on oath, says that he is EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: July 2, 2010 Affiant further says that THE 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 Friday), and has been entered as second class mail matter at the Post Office in Tavernier, in said 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 she AD:* WON >' has neither paid nor promised any firm, person, Ho1r Via., or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in Noc0.0 the said newspaper and that The Reporter is in corM°} full compliance with C ter 50 of the Florida coufirrir State Statutes n e ga`I and OfficialTO ` Advertisemen!P.,, tnatata, meeting1©, ths8oardofCo�igty Commissioners ofMonrooe County, Florida tip repeal of Onlinonca too 01 q«2WQVW41M r Sworn and bscribed before me this 2nd on Apd ZI-AD i ,Vial day of July, 2pp''10. ofo,; requirintsg reglst� lobbyis, on Juh!21.20at 1 as m m P or aim \.,(\J\ as may be heard, alttNl Harvey cne ar, ,..... Truman A ,Key West, No 3, Monmo County; I ) D public � date MARGARET J. WHISENHUNT MY COMMISSION *00881967 i.+ MRES:JUN 22,2013 ��'� BondedthtoughlststatBIr" arse Y'WEST Me sm Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Advertising Coordinator PO Box 1800 Key West FI 33041 Office .... 305-2 92-7777 Extension ........ x219 Fax ....... 305-295-8025 IeaalsAkevsnews.com STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice -President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of // " a.dia INTERNET PUBLISHING keyom keysnewsnews.com as published ublished in said newspaper in the issues of floridakeys.com key-west.com �a) Web Design Services Lo! NEWSPAPERS Affiant further says that the Key West Citizen is a newspaper published in The Citizen Key West, in said Monroe County, Florida and that the said newspaper has Southernmost Flyer Solares Hill heretofore been continuously published in said Monroe County, Florida every Big Pine Free Press day, and has been entered as second-class mail matter at the post office in Key Marathon Free Press West in said Monroe County, Florida, p y preceding Islamorada Free Press, � ty, Florida for period of 1 year next recedin Key Largo Free Press the first publication of the attached copy of advertisement; and affiant further MARKETING SERVICES says that he has neither paid nor promised any person, firm or corporation any Commercial Printing discount, rebate, commission or refund for the purpose of securing this Citizen Locals Card advertisement for publication in the said newspaper. Direct Mail h - FLORIDA KEYS OFFICES Printing / Main Facility 3420 Northside Drive Key West, FL 33040-1800 Signature of Affiant Tel 305-292-7777 Fax 305-294-0768 citizen cnr keywest.com Sworn and subscribed before me this day of , 2010 Internet Division 33040-3328 Tel 305-292-1880 Fax 305-294-1699 Notary Public: sales@keywest.c.om Middle Keys Office Marsha F. Kirkwood 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 Li Tel 305-743-8766 Fax 305-743-9977 marathon(a),kevsnews com Expires: September 15, 2013 Notary Seal Upper Keys Office 91731 Overseas Hwry Tavernier, FL 33070 Tel 305-853-7277 Fax 305-853-0556 Personally Known x Produced Identification freepress@floridakeys.com Type of Identification Produced N'._.-, w Cd;i3'n',r.,Vf.'EPlC ',•.�-%!f110 ft1`114 1 Nd ODNSIDER a X)PT,_C)NOF. ORDINANta;_ NOTI( E: IS H'E,Rfas�, GIVEN TO WHOM IT MAY CONCERN that at a regularly s ht cu'eci meeting held on Jure ' 3, '_'Ol the Board of County Comrrris;ioiieis o! Monroe Co-tr.ty, Florida approved the repeat of Ordinance No. 011-2010 prevou.sly adopted on April 21, 2010, and will hold a public hearing for the repeal of Ordinance No. 011-2010, requiring registration of lobbyists, on July 21, 2010 at 3:00 P.M., or as soon thereafter as may be heard, at the Harvey Government Center, 1200 Tru- man Avenue, Key West, Monroe County, Florida. In a public hearing on the same date and approximate time and at the same location, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following new County ordinance: AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, PROVIDING FOR REGISTRATION OF LOBBYISTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 11-2010 AND ALL OTHER ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO 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 decides 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. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in these proceedings, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than ten (10) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call 711 ". Dated at Key West, Florida, this 24h day of June, 2010. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida June 25, 2010 C : rJ r'� O (.J .. O ;.; Cn - O