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HomeMy WebLinkAboutP. County AttorneyBOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15 2010 Mara Bulk Item: Yes X No Department: County Attorney Staff Contact: Suzanne Hutton # 3473 AGENDA ITEM WORDING: Approval of resolution adopting a policy with respect to use of county seal by anyone other than County official or employee in the course of performing their duties. ITEM BACKGROUND: On August 18, 2010, a resolution was submitted to and approved by the BOCC in support of EcoWeek and authorizing the sponsoring organization to use Monroe County's seal and logo in their outreach materials, brochures, press releases, website(s), posters, advertisement and souvenirs, solely for the purpose of promoting EcoWeek PREVIOUS RELEVANT BOCC ACTION: See above. CONTRACTIAGREEMENT CHANGES: STAFF RECOMMENDATIONS: NIA C Z K -V co nj o(e r C &a , Cee S�.cck u.J C) TOTAL COST INDIRECT COST: May vary; generally $100 to $200 per request for staff time BUDGETED: Yes No V COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included t / Not Required DISPOSITION: AGENDA ITEM # Revised 1109 RESOLUTION NO. -2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING A POLICY FOR USE OF COUNTY SEAL. WHEREAS, business entities, individuals and special interest groups have approached county staff seeking approval for usage of the County seal; and WHEREAS, Florida Statutes Section 165.043 prohibits the use of the County seal by anyone other than a county official or employee in the course of performing their official duties without express approval by the Board of County Commissioners; and WHEREAS, the Board of County Commissioners has determined that any use other than by a County official or employee should be very limited; and WHEREAS, the Board of County Commissioners has determined that non - official uses should be limited only to those events and projects that promote a public goal related to the protection of the environment and conservation of resources which the Board of County Commissioners has previously supported through establishment of an advisory committee or program, or other affirmative action such as approval of a resolution or contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that: 1. USE OF COUNTY SEAL. Any use of the County seal by anyone other than a county official or employee in the course of performing their official duties requires express approval by the Board of County Commissioners pursuant to F.S. 165.043. It shall be the policy of the Board of County Commissioners of Monroe County that requests for use of the County seal may be brought by County staff before the Board of County Commissioners in a public meeting agenda item only if the proposed use is in connection with events or programs of environmental concern and related to issues on which the Board of County Commissioners has already undertaken some initiative, such as the creation of an advisory committee or implementation of a related program. The manufacture, use, display, or other employment of any facsimile or reproduction of the county seal, except by county officials or employees in the performance of their official duties, without the express approval of the Board of County Commissioners is a second degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083, F.S. 2. This Resolution shall become effective upon the date of its adoption. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the day of , A.D., 2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Mario DiGennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) ATTEST: By: Danny L. Kolhage, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIN Mayor Sylvia Murphy ,- APP VED AS T ^ Statutes & Constitution :View Statutes: Online Sunshine Page 1 of 1 165.043 Official county or municipal seal. The governing body of a county or municipality may, by ordinance, designate an official county or municipal seal. The manufacture, use, display, or other employment of any facsimile or reproduction of the county or municipal seal, except by county or municipal officials or employees in the performance of their official duties, without the express approval of the governing body is a second degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083 http: / /www.leg. state. fl. us /STATUTES/ index. cfin? App Display_Statute&Search_St... 8/24/2010 Statutes & Constitution :View Statutes: Online Sunshine Page 1 of 7 775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison. � A person who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in findings by the court that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole. ( In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment as provided in subsection (1). No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States. (3) A person who has been convicted of any other designated felony may be punished as follows: (a) 1. For a life felony committed prior to October 1, 1983, by a term of imprisonment for life or for a term of years not less than 30. 2 For a life felony committed on or after October 1, 1983, by a term of imprisonment for life or by a term of imprisonment not exceeding 40 years. 3 Except as provided in subparagraph 4., for a life felony committed on or after July 1, 1995, by a term of imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment. 4. a. http:llwww.leg. state.fl.usISTATUTES /index. cfm? App_ mode= Display_Statute &Search_St... 8/24/2010 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 7 Except as provided in sub - subparagraph b., for a life felony committed on or after September 1, 2005, which is a violation of s. 800.04 (5)(b), by: (I) A term of imprisonment for life; or (II) A split sentence that is a terra of not less than 25 years' imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person's natural life, as provided in s. 948.012 L For a life felony committed on or after July 1, 2008, which is a person's second or subsequent violation of s. 800.04 (5)(b), by a term of imprisonment for life. (b) For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment. (C) For a felony of the second degree, by a term of imprisonment not exceeding 15 years. (d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. (4) A person who has been convicted of a designated misdemeanor may be sentenced as follows: (a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding i year; (b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 50 days. (5) http: //V ww.leg.state.fl.us /STATUTES /index.cf n ?App_mode= Display_Statute &Search St... 8/24/2010 Statutes & Constitution :View Statutes: Online Sunshine Page 3 of 7 Any person who has been convicted of a noncriminal violation may not be sentenced to a term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any city or county. (6) Nothing in this section shall be construed to alter the operation of any statute of this state authorizing a trial court, in its discretion, to impose a sentence of imprisonment for an indeterminate period within minimum and maximum limits as provided by law, except as provided in subsection (1). (7) This section does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence. ( (a) The sentencing guidelines that were effective October 1, 1983, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1983, and before January 1, 1994, and to all felonies, except capital felonies and life felonies, committed before October 1, 1983, when the defendant affirmatively selects to be sentenced pursuant to such provisions. (b) The 1994 sentencing guidelines, that were effective January 1, 1994, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after January 1, 1994, and before October 1, 1995. (G) The 1995 sentencing guidelines that were effective October 1, 1995, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1995, and before October 1, 1998. (d) The Criminal Punishment Code applies to all felonies, except capital felonies, committed on or after October 1, 1998. Any revision to the Criminal Punishment Code applies to sentencing for all felonies, except capital felonies, committed on or after the effective date of the revision. (e) Felonies, except capital felonies, with continuing dates of enterprise shall be sentenced under the sentencing guidelines or the Criminal Punishment Code in effect on the beginning date of the criminal http: / /www. leg .state.fl.us /STATUTESlindex.cfm ?App mode= Display_Statute&Search — St... 8/24/2010 Statutes & Constitution :View Statutes : Online Sunshine activity. (9) (a) I. "Prison releasee reoffender" means any defendant who commits, or attempts to commit: a. Treason; b. Murder; C. Manslaughter; d. Sexual battery; e. Carjackin8; f. Home- invasion robbery; 9. Robbery; h. Arson; L Kidnapping; j- Page 4 of 7 http: / /www. leg .state.fl.usISTATUTESlindex.cfm? App _mode= Display_Statute&Search St... 8/24/2910 Statutes & Constitution :View Statutes: Online Sunshine Aggravated assault with a deadly weapon; k, Aggravated battery; I. Aggravated stalking; M. Aircraft piracy; n. Unlawful throwing, placing, or discharging of a destructive device or bomb; Any felony that involves the use or threat of physical force or violence against an individual; P. Armed burglary; q• Burglary of a dwelling or burglary of an occupied structure; or Any felony violation of s. 790.07 s. 800.04 s. 827.03 s. 827.071 or s. 847.0135 Page 5 of 7 within 3 years after being released from a state correctional facility operated by the Department of Corrections or a private vendor or within 3 years after being released from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state. 2. "Prison releasee reoffender" also means any defendant who commits or attempts to commit any offense Listed in sub - subparagraphs (a)l .a. -r. white the defendant was serving a prison sentence or on escape status from a state correctional facility operated by the Department of Corrections or a private vendor http: / / www.leg.state.fl.us /STATUTES /index.cf n? App_Mode= Display_Statute&Search St... 8/24/2010 Statutes & Constitution :View Statutes : Online Sunshine Page b of 7 or while the defendant was on escape status from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state. 0 If the state attorney determines that a defendant is a prison releasee reoffender as defined in subparagraph 1., the state attorney may seek to have the court sentence the defendant as a prison releasee reoffender. Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows: n For a felony punishable by life, by a term of imprisonment for life; L For a felony of the first degree, by a term of imprisonment of 30 years; C. For a felony of the second degree, by a term of imprisonment of 15 years; and 91 For a felony of the third degree, by a term of imprisonment of 5 years. (b) A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court- imposed sentence. (c) Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law. (d) 1. It is the intent of the Legislature that offenders previously released from prison who meet the criteria in paragraph (a) be punished to the fullest extent of the law and as provided in this subsection, unless the http:llwww. leg .state.fl.us /STATVTESlindex.cfm ?App mode= Display_Statute&Search_St... 8/24/2010 Statutes & Constitution :View Statutes: Online Sunshine Page 7 of 7 state attorney determines that extenuating circumstances exist which preclude the just prosecution of the offender, including whether the victim recommends that the offender not be sentenced as provided in this subsection. 2. For every case in which the offender meets the criteria in paragraph (a) and does not receive the mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in writing and place such explanation in the case file maintained by the state attorney. On an annual basis, each state attorney shall submit copies of deviation memoranda regarding offenses committed on or after the effective date of this subsection, to the president of the Florida Prosecuting Attorneys Association, Inc. The association must maintain such information, and make such information available to the public upon request, for at least a 10 -year period. (10) if a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 and excluding any third degree felony violation under chapter 810, and if the total sentence points pursuant to S. 921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction. However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section. (11) The purpose of this section is to provide uniform punishment for those crimes made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference. History. s. 3, ch. 71 -136; ss. 1, 2, ch. 72 -118; s. 2, ch. 72 -724; s. 5, ch. 74 -383; s. 1, ch. 77 -174; s. 1, ch. 83 -87; s. 1, ch. 94228; s. 16, ch. 95 -184; s. 4, ch. 95 -294; s. 2, ch. 97 -239; s. 2, ch. 98 -3; s. 10, ch. 98 -204; s. 2, ch. 99 -188; s. 3, ch. 2000 -246; s. 1, ch. 2001 -239; s. 2, ch. 2002 -70; ss. 1, 2, ch. 2002 -211; s. 4, ch. 2005 -28; s. 13, ch. 2008 -172; s. 1, ch. 2008 -182; s. 1, ch. 2009 -63. http: / /www.leg. state.fl.usISTATUTES/ index. c£ rn? App_jmode= Display_Statute&Search_St... 8/24/2010 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 775.083 Fines. (1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082 when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082 A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed: (a) $15,000, when the conviction is of a life felony. (b) $10,000, when the conviction is of a felony of the first or second degree. (c) $5,000, when the conviction is of a felony of the third degree. (d) $1,000, when the conviction is of a misdemeanor of the first degree. (e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation. (f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim. (9) Any higher amount specifically authorized by statute. Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01 except that the clerk shall remit fines imposed when adjudication is withheld to the Department of Revenue for deposit in the General Revenue Fund. if a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain. As used in this subsection, the term "convicted" or "conviction" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contenders, regardless of whether adjudication is withheld. (2) h4: / /www.leg.state.fl.us /STATUTES /index.cfm ?App_ node=Display_Statute&Search St... 8/24/2010 Statutes & Constitution :View Statutes: Online Sunshine Page 2 of 2 In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law. The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection. A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss. 163.501 163.523. (3) The purpose of this section is to provide uniform penalty authorization for criminal offenses and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference. History. s. 4, ch. 71 -936; S. 6, ch. 74 -383; s. 1, ch. 77 -97; s. 1, ch. 77 -174; s. 1, ch. 96 -408; s. 1830, ch. 97 -102; s. 117, ch. 2003 -402; s. 5, ch. 2009 -6; s. 29, ch. 2010 -162. http:llwww. leg .state.fl.usISTATUTESlindex.cfm ?App pode= Display_Statute&Search_St... 8/24/2010 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15 2010 Mara Division: County Attorney Bulk Item: Yes X No _ Department: Staff Contact Person/Phone #: Suzanne Hutton 292 -3470 AGENDA ITEM WORDING: Request Approval to advertise a public hearing for an Ordinance requiring registration of people representing others, seeking to influence the BOCC, and to delete the exemption available to officials and employees in county service as of April 17, 1990, which exemption would allow them* to lobby the county immediately after vacating office while all other officials and employees are precluded from lobbying for 2 years after vacating position. (*Elected officials are currently prohibited by statute from lobbying for 2 years after leaving office.) ITEM BACKGROUND: On April 21, 2010, the BOCC enacted a lobbyist registry ordinance. There were issues as to administration and complaints from public to being called "lobbyists," and the BOCC directed that the ordinance be redrafted to address the issues. Since the ordinance has already been incorporated into the County Code and there are some terms that overlap with provisions related to lobbying by former officials and employees, rather than repeal Ordinance No. 11 -2010 and start again from scratch, it is preferable to have an ordinance that reflects changes to the current Code. Due to the length of time it has taken to re -draft the ordinance, it is now necessary to seek approval to advertise a public hearing. PREVIOUS RELEVANT BOCC ACTION: Enactment of Ordinance No. 11 -2010, requiring registration of lobbyists; enactment of Ordinances No. 10 -1990, No. 20- 1990, and No. 22 -2004, prohibiting current and former employees and officials from lobbying activities. CONTRACTIAGREEMENT CHANGES: Ordinance eliminates the definition of a lobbyist, creates a definition for representative, and changes the requirement for lobbyists to register with the County to a requirement for registration of people representing others, seeking to influence official action. It also eliminates an exemption applicable only to people employed as of 4/17/1990, or the revision date of July 10, 1990 — the exemption is from a prohibition against lobbying for two years after vacating position. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $200_ advertise, etc. INDIRECT COST: BUDGETED: Yes X No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty ,OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Commissioner Wigington ORDINANCE NO. — 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, PROVIDING FOR REGISTRATION OF PEOPLE REPRESENTING OTHERS TO INFLUENCE COUNTY OFFICIALS AND EMPLOYEES; PROVIDING FOR SEVERABILITY; DELETING THE EXEMPTION FOR FORMER OFFICIALS AND EMPLOYEES IN OFFICE IN 1990 FROM A PROHIBITION AGAINST LOBBYING FOR TWO YEARS; 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 Board of County Commissioners of Monroe County, on April 21, 2010, enacted Ordinance No. 11 -2010 in an attempt to provide transparency to the citizens of Monroe County with respect to lobbying efforts to influence legislative and executive actions; and WHEREAS, after enactment, issues arose regarding applicability of the ordinance and objections to the label "lobbyist;" and WHEREAS, to clarify that registration is to be required of every person who represents another person or entity, regardless of relationship or compensation, or absence thereof; and WHEREAS, it is desired to repeal provisions of Ordinance No. 11 -2010 that required only lobbyists to register and to amend other sections of the ordinance to eliminate the purportedly pejorative label of "lobbyist" imposed upon those who frequently appear at public meetings or communicate via phone and correspondence to seek to influence county officials and employees; and WHEREAS, it is desired to repeal that portion of Section 2-149(b), Monroe County Code, that exempted from a prohibition against lobbying for two years by former county officials and employees after vacating office if the officials and employees were in county service on the date of the ordinance enacting the prohibition in 1990; 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 as follows: 2 -148. Definitions The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Registration of Representatives Commissioner Wigington Advisory body means any county board, commission, committee, council or authority whose powers, jurisdiction and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties or obligations, other than those relating to its internal operations. A body with land planning, zoning, or natural resources responsibilities shall not be considered an advisory body. Agent means a person acting or doing business for another. Board means the Monroe County Board of County Commissioners. Business entity means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in the state. 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. 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. Developmentpermit means the same as this term is defined in F.S. § 163.3164. Employee or county employee means any person employed by the board of county commissioners, whether by contract or not, except those persons described in the definition of "officer or county officer." Expenditure means the same as this term is defined in F.S. § 112.3215. LobbyiWg means to seeking, on behalf of another person or entity, to influence the board, contractors examining board, planning commission land authority, board of governors or any advisory body, or any members of the stated boards commissions or authority, 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. Registration of Representatives M Y LobbyiWg means to seeking, on behalf of another person or entity, to influence the board, contractors examining board, planning commission land authority, board of governors or any advisory body, or any members of the stated boards commissions or authority, 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. Registration of Representatives Commissioner Wigington Officer or county officer means those persons defined in F.S. § 112.3145(1)(a); any other appointed member of a local government board who is required to file a statement of financial interest by the appointing authority or the enabling legislation, ordinance, or resolution creating the board, and any member of an advisory body appointed by and serving under the board of county commissioners. Person means a natural person. 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 l obbyis representative Representative means an person, partnership co oration or other business entit who seeks on behalf of any other person or or-entity, to influence the Board Contractors Examinina Board Planning-Commission, Land Authority, Board of Governors or an advisor body try of the specified boards, commission and authority, with respect to a decision in the area of policy or procurement, or to obtain the goodwill of a County official or employee in the execution of their administrative duties. SECTION 2. Section 2- 149(b), Monroe County Code, shall be amended as follows: (a) No former county officer or employee shall, within two years following vacation of office or termination of employment, lobby on behalf of any other person or business entity in any formal or informal appearance before, or with the intent to influence, make any oral or written communication on behalf of any other person or business entity, to: (1) Any board, commission, authority, or advisory body of the county; or (2) Any department, division, special district or bureau of the county, in connection with current or future procurement of goods and/or services. (b) This section shall not apply in the case of collective bargaining_ .+�� -.+.+, v- ry uaa vaaavva atv Aar �,AAr,. Ull lA ✓L/V1111.111Li11L'L\J - � , , , l 1 that if sijeh 7 effeetive date of the erdinafiee from "ieh this ar-fic4e is 7 then this seefien sh-aU Registration of Representatives - w y y o.c c• Officer or county officer means those persons defined in F.S. § 112.3145(1)(a); any other appointed member of a local government board who is required to file a statement of financial interest by the appointing authority or the enabling legislation, ordinance, or resolution creating the board, and any member of an advisory body appointed by and serving under the board of county commissioners. Person means a natural person. 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 l obbyis representative Representative means an person, partnership co oration or other business entit who seeks on behalf of any other person or or-entity, to influence the Board Contractors Examinina Board Planning-Commission, Land Authority, Board of Governors or an advisor body try of the specified boards, commission and authority, with respect to a decision in the area of policy or procurement, or to obtain the goodwill of a County official or employee in the execution of their administrative duties. SECTION 2. Section 2- 149(b), Monroe County Code, shall be amended as follows: (a) No former county officer or employee shall, within two years following vacation of office or termination of employment, lobby on behalf of any other person or business entity in any formal or informal appearance before, or with the intent to influence, make any oral or written communication on behalf of any other person or business entity, to: (1) Any board, commission, authority, or advisory body of the county; or (2) Any department, division, special district or bureau of the county, in connection with current or future procurement of goods and/or services. (b) This section shall not apply in the case of collective bargaining_ .+�� -.+.+, v- ry uaa vaaavva atv Aar �,AAr,. Ull lA ✓L/V1111.111Li11L'L\J - � , , , l 1 that if sijeh 7 effeetive date of the erdinafiee from "ieh this ar-fic4e is 7 then this seefien sh-aU Registration of Representatives Commissioner Wigington SECTION 3. Section 2 -154, Monroe County Code, shall be amended as follows: Sec. 2 -154. — Registration and re- registration of-1obbyisls representatives (a) All lobs representatives shall 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. This registration is required„ even if one fills out a s eaker's card to s peak at ublic meetings. When acting in his or her official capacity, cqpacity, a county official gggnty employee, or an official or em to ee of another governmental entit shall not be required to register. (b) The forms prescribed for the registration and re- registration of lobbyists representatives shall require, at a minimum, the following information and stated under oath: (1) The lo bbyist's representative's name and business address; Q The representative's business address (3) The firm,_ if any, of which the representative is an owner, partner, associate, or otherwise em to ed for the pu1pose of representing others; (� 4) The name and business address of each principal represented; (-35) The specific areas of the principal's governmental interest; (46) Where the principal is a corporation or association, the name of the chief executive officer of the corporation or association; ( -5 1) Where the principal is a general partnership or joint venture, the names of all partners; (§ 8) Where the principal is a limited partnership, the name of the general partner or partners; ( &9) Where the principal is a partnership, joint venture, corporation, association, trust or nongovernmental entity other than a natural person, the names of all natural Registration of Representatives Commissioner Wigington persons holding, directly or indirectly, a five percent or more ownership interest in the entity; and (} 10) Disclosure of any business, professional or familial relationship that the lebbyist representative or any employee of the lebbyisf representative 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 section. (d) All lobbyists representatives shall register with the county administrator or his designee within five business days of being retained as a lobbyist representative before engaging in any lobbying activities, whichever shall come first, and re- register prior to January first of each year. he Representation prior to registration is prohibited. Each lobbyist representative who ceases lobby t_o_represent fef 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 may not knowingly permit a person who is not registered pursuant to this section to lebby influence or seek the goo_dwill_of the employees of that office. 1 (f) Upon discovery of violations of this section, any person may file a sworn 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 ies who has failed to comply with the registration-fepeffiiig requirements of this article rior to seekin to influence or obtain the goodwill of a County official or employee in violation of this section, 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 advisory ,_Contractors Examining Board, Planning Commission, Land AuthoritL Board of Governors or any advisory body to any of the specified boards 1 Alternative language could be "lobby" or, similar to the definition of that word, it could be restated as "to influence, with respect to a decision in the area of policy or procurement, or seek the goodwill of..." Registration of Representatives 5 Commissioner Wigington commission and authority, or from otherwise lebbying-fef representing, before any of the aforementioned bodies any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two years, and no sanction shall be imposed unless the lebbyist representative 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-b any couRty aforementioned bodies or from otherwise lobbying -far representing any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two years, and no sanction shall be imposed unless the lobbyist representative allegedly in violation has been afforded reasonable notice and an opportunity to be heard before the board 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 representative to comply with any order of the board suspending or prohibiting the lobbyis representative 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, the Board as a whole, or a member of the pertinent procurement committee has been lobbied in violation of the registration reporting requirements. (h) This section shall sunset on May 31, 2011 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. Registration of Representatives 6 Commissioner Wigington SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 12S.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 , 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson V1 x.1 - € F 3rd S D Registration of Representatives BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September „15, 2010 Department: County Attorney Bulk Item: Yes X No _ Staff Contact: Christine Limbert- Barrows #3475 AGENDA ITEM WORDING: Approval to advertise a public hearing to consider approval of an ordinance amending portions of Section 4 of the Monroe County Code relating to dangerous dogs. ITEM BACKGROUND: The proposed ordinance simplifies the definition and classification of a "dangerous dog" and makes the language more consistent with Florida Statutes. The proposed ordinance also provides the owners of alleged dangerous dogs an opportunity to an administrative hearing upon request to contest the final determination and classification of a dog as "dangerous" and sets forth the procedures and appeal process for owners of dogs classified as "dangerous" to follow. The proposed ordinance was drafted in coordination with the animal control contractors to allow for their prior review and input prior to presentation to the Board. PREVIOUS RELEVANT BOCC ACTION: 3115106 BOCC approved Ordinance No. 006 -2006 CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval to advertise a Public Hearing for 3:00 P.M. on October 20, 2010 in Key West TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: NIA SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year APPROVED BY: County Atty I____- OMB/Purchasing isk Management g g DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7109 ORDINANCE NO. - 2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTIONS 4 -1, 4 -3, 4 -37, 4 -38, 4 -67 and 4 -75, OF THE MONROE COUNTY CODE, PROVIDING FOR THE AUTHORITY TO DESIGNATE DOG AS DANGEROUS; PROVIDING FOR CONFISCATION; PROVIDING FOR AN APPEAL PROCEDURE AND PROVIDING FOR ADDITIONAL RESTRICTIONS RELATING TO DANGEROUS DOGS; 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, Monroe County Code Chapter 4 sets forth the definitions of "dangerous ", "fierce ", "vicious" dogs, and WHEREAS, in order to simplify the Monroe County Code and to be more consistent with Florida Statutes, the definition and classification of a "dangerous dog" should be amended; and WHEREAS, the Monroe County Code should provide the owner(s) of such dangerous dogs an opportunity to an administrative hearing upon request to contest the final determination and classification of a dog as dangerous; and WHEREAS, the Monroe County Code should set forth the procedure and appeal process for owners' of dogs classified as "dangerous" to follow; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. See. 4 -1, Monroe County Code is hereby amended to read as follows: 4 -1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or to leave an animal unattended for more than 24 hours, or to release the animal upon public roads or public or private lands, or to fail to provide adequate food, water, exercise or medical care. Animal means any living dumb creature, including any mammal, bird, fish, reptile, ferret, turtle, horse, mollusc, crustacean, or any other vertebrate other than a human being. Animal at large means any animal, other than a cat, that is not under the control, custody, charge or possession of the owner or other responsible person in attendance, by leash, secure fence or other means of confinement or restraint. Animal control officermeans any person employed or appointed by the county for the purpose of enforcing county ordinances or state statutes pertaining to animal care and control, who is authorized to investigate on public or private property civil infractions relating to animal control or cruelty and to issue citations as provided in this chapter, and whose appointment is approved by the board of county commissioners, and whose appointment is approved by a judge of the county court or circuit court for the county. For purposes of enforcement of violations of this chapter, the terms "animal control officer" and "animal control supervisor" are interchangeable. Animal control shelter means a facility designated or recognized by the county or the state for the purpose of impounding and /or caring for animals, including a contract service provider, such as a local animal protection shelter, that may include a humane society. Animal control supervisor means a person who has been duly appointed as an animal control officer and who is: (1) The person, if the function of animal control is administered by county employees or if a single independent contractor has contracted for animal control services county -wide, who has authority and responsibility for all county animal shelters and to whom all duly appointed animal control officers shall report; or (2) Any person with authority and responsibility for one or more county animal shelters and to whom duly appointed animal control officers shall report by area under the jurisdiction of any single contractor, if the animal control functions within the county are administered by more than one independent contractor. Animal fighting means fighting between roosters or other birds or between dogs, or between other animals of the same species. Bait means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, the "baiting" means the use of live animals in the training of racing greyhounds. Cat means any member of the species felis catus. Charging instrument means a writing or document that recites the mode of committing an offense. Citation means a charging instrument or written notice, issued to a person by an animal control officer or law enforcement officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the charge. The citation must contain: (1) The date and time of issuance; (2) The name and address of the person; (3) The date and time the civil infraction was committed; (4) The facts constituting probable cause; (5) The section of this Code violated; (6) The name and authority of the officer; (7) The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court as required this section; 2 (8) The applicable civil penalty if the person elects to contest the citation; (9) The applicable civil penalty if the person elects not to contest the citation; (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty; and (11) A conspicuous statement that if the person is required to appear in court as mandated by this section, he does not have the option of paying a fine in lieu of appearing in court. Commercial kennel or cattery means a facility that offers the services of a kennel or cattery for a profit. Cruelty means any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal, and includes, but is not limited to, any omission of a duty to provide food and water, shelter, and health care which omission causes unjustifiable pain or suffering of an animal, and allowing pain or suffering to continue when there is reasonable remedy or relief. Dangerous dog aWmq 1 means any dog animal that according to the records of the appropriate authority: 1 _ _ Iv bitten er attacked as or endangered or has inflicted severe injury on a h ) H aggressively being on public or private property, 2) Has more than once severely injured or killed a domestic animal while off the owner's property; 3) has been used primarily or in part for the purpose of dog fight ing or is a dog trained for dog fighting; or 4) has, when not provoked, chased, or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement - by one or more persons and dutifully investigated by the animal control supervisor a p9men gr an animal, The term but does not include the following: (1) An animal gdog that bites or attacks a person or animal that provokes, torments, tortures, or treats the animal cruelly or is unlawfully on the property of the owner or (2) AR aR'mal deco that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect itself or another animal or a person if that person is engaged in lawful activity and is the subject of an assault or battery or animal attack; or (3) A_dog that was engaged in law enforcement work under the direction of a law enforcement officer: or (4) A dog that was engaged in a legal hunt or in a legal sport or exhibition such as obedience trial, conformation show, field trial, hunting /retrieving trial, or herding trial. Direct control means control that is immediate and continuous. Dog means any member of the species canis familiaris. Domesticated companion animal means an animal that has traditionally, through a long association with humans, lived in a state of dependence upon humans or has been traditionally kept as a household pet, including, but not limited to: dogs, cats, hamsters, gerbils, ferrets, mice, rabbits, parakeets, parrots, cockatiels, cockatoos, canaries, love birds, finches and tropical fish. Effective voice command means voice control within 20 feet by a competent person which at all times prevents the animal subject to the voice control from running at large or otherwise violating the provisions of this chapter. Ferret means any member of the species mustela furo. aggressive s- Keepermeans any person possessing or having custody of an animal. Kennel or cattery means any establishment, except a pet shop or animal protection shelter, wherein or whereon animals are kept for boarding, training, care and grooming, breeding, or stud services for remuneration, or sales of offspring or adult animals, but does not include a veterinarian hospital. Leash means a cord, strap or other like apparatus that is attached to an animal in an effort to control the movement of the animal by the holder thereof. License certificate means a license document issued pursuant to this chapter. The board may by resolution authorize the license certificate and rabies vaccination certificate to be a combined document. License tag means a license tag, designed to be attached to an animal collar, issued pursuant to this chapter. Licensed veterinarian means a veterinarian licensed to practice in the state. Livestock means horses, stallions, colts, geldings, mares, sheep, rams, Iambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jenneys, burros, goats, kids, swine, and any other fur - bearing animals being raised in captivity, including those other animals recognized by the department of agriculture as being within the jurisdiction of its department. Neglect means failure to comply with the minimum requirements for animal care set forth in this chapter. Neutered or spayed means rendered permanently incapable of reproduction by surgical alteration, implantation of a device or other physical means, or permanently incapable of reproduction because of physiological sterility, but only where the neutered or spayed condition has been certified by a veterinarian licensed in any state. Notice means a notice to appear, unless the context of the chapter requires a different definition. Nuisance means the following; (1) An animal that habitually barks, howls, cries, screams or makes other bothersome noises any time of day or night; or (2) Any animal that, by its conduct or behavior, including, but not limited to, habitual or repeated destruction or soiling of any public or private property, habitual chasing of persons, cars or other vehicles, or running at large, causes a disturbance to the peace or causes injury or threat of injury to persons or property. Officermeans any law enforcement officer defined in F.S. § 943.10, or any animal control officer. Ordinance means any ordinance relating to the control of or cruelty to animals enacted by the governing body of a county or municipality, the violation of which is a civil infraction. Owner means any person or custodian in charge of an animal and includes any person having a right of property in the animal; or an authorized agent of the person having a right of property in the animal; every person who keeps or harbors the animal or has it in his care, custody or control; and any person who has the apparent authority to have a right of property in the animal. The term shall include every person who resides at the same address or permits an animal to remain on the premises in which that person resides, if such person is of legal age. Person means any individual, corporation, society, co- partnership, limited partnership, limited liability company, association, or any other legal or business entity. Knowledge and acts of 11 agents and employees of corporations in regards to animals transported, owned, employed by or in the custody of a corporation, shall be held to be the knowledge and act of such corporation. Pet means any domesticated companion animal, excluding livestock, poultry, or wild animals, that is owned by any person. Poultry means any domestic fowl, ornamental birds, and game birds Premises means a tract of land, including its dwelling units, buildings and other appurtenances. Provoke means to perform an act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an animal. Quarantine means strict confinement by leash, closed cage, paddock, or in any other manner, and in a place as approved by the animal control supervisor of all animals specified in the order. Rabies suspect animal means any animal that has bitten, scratched, or broken the skin of a human being, been in contact with or been bitten, scratched or has had its skin broken by a rabid animal; or any animal that shows symptoms suggestive of rabies. Rabies vaccination certificate means a certificate issued by a licensed veterinarian attesting that the animal has been inoculated against rabies. The certificate shall be Form 51, "Rabies Vaccination Certificate," of the National Association of State Public Health Veterinarians or an equivalent form containing all the information required by such form. The form may be combined with the license certificate and the veterinarian who administers the rabies vaccine to the animal may affix his signature stamp in lieu of an actual signature. Rabies vaccination tag means a tag, designed to be attached to an animal collar and containing the rabies vaccination certificate number. Sporting kennel orcattery means a facility that offers no services for profit, that maintains animals solely for the owner's sporting or hobby purposes, and that sells offspring and adult animals only on an occasional basis. The term "occasional basis" means animal sales of a frequency of no greater than one litter per fertile female per year. Tether means a rope or chain fastened to an animal and a stationery object to keep the animal within a certain boundary. Torment means an act or omission, including abandonment or neglect that causes pain, suffering, or distress to an animal, including mental or emotional distress as evidenced by the animal's altered behavior. Veterinary hospital means any establishment operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases, illnesses, and injuries of animals. �Gsieusak a Q_ M The term does- not inn-lude the fGllewing: a Wild animal means any animal that is not a domesticated companion animal, or that is any crossbreed of wild animals with domestic animals, or any descendant of any crossbreed. Such animals include, but are not limited to: any venomous snake, python or constrictor snakes, owls, porcupines, monkeys, raccoons, skunks, leopards, lions, tigers, lynx, bobcats, badgers, fox, coyote, wolves, wolf- hybrids, wolverines, squirrels, bears, deer, chipmunks, moose, elk, rabbits, opossum, beavers, ground hogs, moles, gophers, mice /rodents, bats, birds, and any related fur or feathered nondomesticated companion animals. SECTION 2. Sec. 4 -3(1), Monroe County Code is hereby amended to read as follows: (1) The board of county commissioners finds that the presence of dangerous dogs animals a as defined in this chapter, within the county creates an increased danger to public health and safety and to the welfare of other animals and people. SECTION 3. Sec. 4- 37(x)(2), Monroe County Code is hereby amended to read as follows: (2) Any fier-e°, vieieas e dangerous dog(s) aiiifnals not properly secured or restrained by the owner or keeper; SECTION 4, Sec. 4- 38(a)(3), Monroe County Code is hereby amended to read as follows: (a) The animal control supervisor and animal control officers may catch, seize or pick up: (1) Any stray animal; (2) Any animal at large; (3) Any fieFGe, dangerous dog a nimal not properly restrained or secured by the owner or keeper; (4) Any animal carrying or believed to be carrying rabies or other infectious or contagious diseases; (5) Any animal that is a nuisance; (6) Any dog not licensed and inoculated as required by this chapter; 2 (7) Any sick or injured animal for which the owner or keeper cannot be found after reasonable effort to do so, or for which the owner or keeper is unable or unwilling to provide proper care; (8) Any animal that has been found engaged in animal fighting that is prohibited by this chapter; or (9) Any other animal authorized by this chapter to be quarantined, impounded, caught, seized or picked up. (b) The animal control supervisor or his officers shall impound or otherwise dispose of such animals as provided under this chapter. (c) The animal control supervisor and animal control officer shall investigate complaints or actions allegedly in violation of this chapter and shall issue citations demanding that the violations cease or be corrected. Those animal control officers authorized to issue citations pursuant to F.S. § 828.27(i)(b) and F.S. § 828.23(1)(f), have authority under this chapter. (d) Pursuant to law, the animal control supervisor and officers may enter public or unfenced private property within the county, except residential buildings, to carry out the duties imposed by this chapter. (e) The animal control supervisor may declare an animal to be a 4 "dangerous dog" an of `vIG196is animal" as defined by section 4 -1 in accordance with the procedure set forth in section 4 -75 of this chapter, and may order the owner of such animal to secure, restrain and confine it in a reasonable manner specified by the animal control supervisor and comply with other regulations pertaining to "dangerous dogs" as required by this chapter (f) The animal control officer shall fulfill the following duties: (1) The animal control officer shall promptly seize, take up and place in the animal protection shelter, or contracted services provider, all animals being kept or harbored or found running at large any place within the county contrary to the provisions of this chapter or the statutes of the state. As to any cat found roaming or wandering on public property or private property other than that of its owner, that is unrestrained, without its owner immediately and visibly present in such area and without an identifying license tag, the animal control officer, after reasonable investigation, shall be vested with discretion to conclude that such cat is feral or abandoned by its owner and may seize and impound the cat in accordance with the provisions of this chapter. (2) The animal control officer shall be properly deputized as a peace or police officer for the purpose of this chapter. He shall have the legal authority and duty to issue appearance tickets, citations or summonses to those persons owning, keeping or harboring animals contrary to the provisions of this chapter. (3) The animal control officer shall dispose of impounded animals that are not claimed and released within: a. Seven days if the animal has been chipped or tattooed or wears a license or rabies tag, which chip, tattoo, rabies or license tag is registered with current information to facilitate contact of the owner, or wears an identification tag with current information to facilitate contact of the owner; or b. Five days if the animal is not able to be identified by one of the following methods: 1. Adoption by an individual person who meets adoption criteria for the animal; 2. Humane euthanasia under state statute if the animal is deemed unadoptable or cannot be placed within a reasonable time with a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter; or 3. Release to a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter. 7 If, however, a dog or cat has a collar, license, or other evidence of ownership, the animal control officer shall notify the owner of the impoundment. Disposition of the animal shall then not be made until after five days from the date of confirmed delivery of a certified mailing or notice of non - pick -up of the certified mail, unless the owner has, prior to the end of the five days, redeemed the animal or relinquished in writing ownership of the animal. The animal control supervisor shall maintain a record of when the animal was acquired and under what circumstances. This record shall also indicate the date of notice sent to the owner of an animal and any subsequent disposition of the animal. This section does not apply to animals that are sick or injured to the extent that the holding period would cause the animal to suffer. Regulations regarding the sale of animals from the animal protection shelter and boarding and other charges shall be posted in a conspicuous place at the animal control shelter. The bodies of all animals destroyed at the animal control shelter or elsewhere in the county shall be disposed of by the animal control officer in a manner approved by the county health department and the board of county commissioners. Any animals voluntarily relinquished to the animal control shelter by their owners for disposition (not boarding) need not be kept for the minimum period of five days before release or disposal of the animal by the animal control officer. (4) The animal control officer shall promptly investigate all animal bite cases involving human injury and shall search out and attempt to discover the animal involved. If the animal control officer finds the animal responsible for the bite, he shall either impound or quarantine the animal for examination for disease in accordance with the applicable provisions of this chapter and the statutes of the state. The animal control officer shall also be obliged to seize and impound any rabies - suspected animal and cause the animal to be either impounded or quarantined for examination for disease in accordance with the provisions of this chapter. (5) In response to a complaint of an animal at large or there being a clear indication of "animal in distress" as defined by F.S. § 828.12, the animal control officer is authorized and empowered in accordance with the provisions of this chapter to enter upon private premises (excepting entry into the private areas of buildings or enclosures constructed to provide privacy, unless in possession of a search warrant) for the purpose of inspecting those premises to determine if the owners of dogs, cats or animals harbored, kept or possessed on the premises have complied with the provisions of this chapter. The animal control officer is authorized and empowered to issue a citation to the owner of any dogs, cats or ferrets for whom no license has been procured in accordance with this chapter or for any other violation of this chapter. The provisions of this subsection shall include, but not be limited to, investigation of, and seizure for, cruelty to animals, and investigation and seizure of visinus ar dangerous dogs Animals. (6) The animal control officer shall have the duty to inspect any kennel, a license for that has been issued by any state or county agency or their authorized officers, and shall have the duty to notify the licensing agency of any conditions that are unhealthy or inhumane to the animals kept in the kennel. (7) The animal control officer shall have the duty to investigate complaints of animals alleged to be dangerous dogs aniFnals or viGinter, Animals, and shall have the right to seize, take up and impound such animals pending disposition pursuant to this chapter. (8) The animal control officer shall have the duty to investigate complaints of cruelty to or abandonment or neglect of animals and shall take such action as is required or permitted by the section of this chapter governing animals in distress. (9) The animal control officer shall be responsible for coordinating with the county administrator or his designated appointee the sale of licenses and the keeping of appropriate records and related books of account. (1 Q) The animal control officer shall not sell, give or make available in any manner any live or dead animals of any species or any animal body parts or organs to be used for research, demonstration, experimental or any other purposes by any person, firm, corporation or institution, except to the extent necessary to comply with health laws and regulations concerning rabies. The animal control officer N . shall be responsible for disposition of the bodies of animals destroyed at the animal protection shelter in accordance with state law and regulations. (11) The animal control officer shall provide to the state attorney for investigation and possible prosecution information concerning suspected violations of the following: a. The provisions of F.S. § 828.122 governing fighting or baiting animals; L The provisions of F.S. § 828.123 governing killing a dog or cat with intent to sell pelt and possession of pelts of dogs or cats with the intent to sell; C. The provisions of F.S. § 828.1231 governing the sale of garments or items of clothing containing dog or cat fur; d. The provisions of F.S. § 828.125 governing the killing or aggravated abuse of registered horses and cattle; and e. The provisions of F.S. § 828.29 governing the transportation into the state, and offering for sale of, dogs and cats. The county attorney is authorized to seek injunctive relief against continued violations of such statutes if an investigation discloses probable cause to believe the violations are occurring and there is no criminal prosecution of the violations. (12) The animal control officer shall have such other duties relating to the enforcement of this chapter as the board of commissioners may from time to time provide. (g) The animal control officer, in enforcing the provisions of this chapter and the statutes of the state pertaining to animals, may issue to the owner or keeper of an animal in violation of this chapter a citation containing a notice to pay a fine and/or appear in court or may make complaint to the State Attorney for the Sixteenth Judicial Circuit and to the circuit or county court in regard to any violations of this chapter. (h) No employee of the county or any contracted entity shall perform the duties of an animal control officer unless that person has been certified through the training program described in F.S. § 828.27(4)(a). This provision shall not preclude employees who are not certified from providing care for animals, maintenance of animal living areas or attending to other operational and administrative duties of the animal control and sheltering functions. SECTION 5. Sec. 4 -67, Monroe County Code is hereby amended to read as follows: Sec. 4 -67. - Animals at large prohibited; restraint of #ietse, dangerous dogs nuisances; confinement of female dogs and cats in heat; curbing dogs. (a) No owner or keeper of an animal other than a domestic cat shall willfully or negligently allow the animal to run at large on any public property or on any private property of another without permission of the property owner. Any animal under the close supervision of its owner or keeper or otherwise engaged in an organized animal exhibition, field trial, competition, legal sport or training for these activities, shall not be deemed to be an animal at large. It is unlawful for owners or keepers of a diseased animal, including a diseased cat, to allow the animal to run at large. (b) No owner or keeper of a deg a animal declared by the animal control supervisor to be fiersa,risieus er dangerous shall either willfully or negligently allow the dog animal to run at large or to fail to secure, restrain or confine the dog anirmal as ordered by the animal control supervisor or animal control officer pursuant to this chapter. (c) No animal owner or keeper shall permit, either willfully or negligently, the animal to be a nuisance. The owner or keeper of any animal for which the owner or keeper has been given notice that the animal constitutes a public nuisance shall take necessary precautions to abate the nuisance. At a minimum, the owner or keeper shall immediately confine the animal in such manner as is necessary to prevent the continuation of the nuisance. Within 14 days of receipt of notice that an animal constitutes a public nuisance, It the owner or keeper shall permanently confine the animal, have the animal destroyed by euthanasia by a licensed veterinarian or remove the animal from the county, whichever may be necessary to the abatement of the nuisance. Failure to abate the nuisance as required herein shall be deemed the maintaining of a public nuisance in violation of this chapter. (d) No owner or keeper shall permit a female dog or cat in heat (estrus) to be upon the streets or in any public place. The owner or keeper of a female dog or cat in heat shall confine the animal so as to make it inaccessible to any male dog or cat except for controlled and intentional breeding purposes. Maintaining direct control or confinement within a fence, open kennel, open cage or run may be, but shall not be presumed to be, insufficient and not in compliance with this section, unless other measures have been instituted to prevent uncontrolled breeding. (e) The following regulations shall apply: (1) No dog owner or keeper shall allow an unleashed dog upon any school grounds. (2) No dog owner or keeper shall, either willfully or negligently, permit the dog to defecate upon any public property, except where designated by official signage, or on private property without the permission of the owner. A dog owner or keeper is required to remove the dog's feces from any public property or school grounds or any private property upon which the dog is not permitted to defecate. A person having custody or control of an animal on property other than his own shall be equipped to collect and shall collect such animal's solid waste when eliminated. (3) Except for animals that assist disabled persons, domestic animals are prohibited from all county parks and beaches unless permitted in this Code. No person may cause or allow any domestic animal (of whatever size) other than an animal that assists a disabled person to be brought to, or remain on, any county park or beach, with the exceptions of parks and beaches specified in subsection (e)(4) of this section. (4) Pets are permitted to be taken to County Parks as set forth in Sec. 18.270) fey} La ge Park in Key I = a FgG a nd Sombre D.. G h T].._, in xn......ahon subject to pet - friendly park restrictions specified therein. 'R chapter 4 B. . (5) Except for animals that assist disabled persons, and animals that play a work - related role, domestic animals are prohibited from all county facilities except where specifically allowed by other sections of this Code or by resolution of the board. (6) If this subsection (e) is violated, the department is authorized to remove the animal or, in its discretion, to order the owner or keeper to do so. (7) An owner or keeper of any animal shall immediately remove any excrement deposited by the animal on any property other than that of the owner, whether the animal is lawfully or unlawfully on the property. Failure to do so immediately shall constitute an additional violation of this section. SECTION 6 . Sec. 4 -75, Monroe County Code shall be amended to read as follows: Sec. 4 -75. - Confinement of fieree, dangerous dogs authorit to designate a do as dangerous; confiscation hearing and ap geal procedures. (a) Upon receipt of a notarized sworn affidavit Wit, the animal control supervisor shall investigate whether a do g mat is tiers dangerous or isiaU . An individual desiring to have a dog designated as dangerous shall attest in a notarized sworn affidavit to the incident giving rise to the re ___ guest and shall submit the affidavit to the animal control supervisor within 33 days of the incident. The animal control supervisor will, if possible, interview the owner or keeper of the „dog under investigation before designating the dog as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded by the animal control supervisor, shall be humanely and ,safely confined by the owner in a securely fenced or enclosed area endin the outcome of the investigation and 11111 resolution of the hearings related to the dangerous dg _q The animal control supervisor shall require, at a minimum that: (1) No fierce dangerous dog may be kept on an unenclosed porch, patio or in any part of a house or structure that would allow the animal to exit such building or enclosure on its own volition, nor shall such animal be kept in a house or structure where window screens or screen doors are the only obstacle preventing the animal from exiting the structure; and (2) All owners, keepers or harborers of 49fse dangerous dogs shall display in a prominent place on their premises a sign, easily readable by the public from adjoining public roads or streets, using such words as "Beware of Dangerous Pog, Animal" or other appropriate warning language, along with a similar sign that shall be posted on the kennel or pen of such animal. (3) Additional_ regulations shall be met as set forth in Section 4 -81(t) upon final determination of a dog as dangerous by the animal control supervisor or administrative hearing process. (b) If the animal control supervisor finds that there is sufficient cause to designate a dog as #ierce dangerous written notification of that determination and all the facts known to him shall be delivered to the responsible party by registered mail, certified hand delivery, or service of process in conformance with Chapter 48 Florida Statutes. �er-vi The notice hall inform the owner or keeper „that the determination and any related fines may be appealed by providin within seven (7) calendar days of receipt of the written notification, a written request for an administrative hearing; the request shall be delivered to the address provided on the written notice. If a request for a hearing is received more than seven (7) calendar days from the receipt of the written notification, the hearing_ officer shall be precluded from exercising jurisdiction, and the appeal shall be dismissed as untimely. Persons that seek an administrative hearing shall be responsible for all cost incurred and shall pay the cost for the administrative hearing officer before said hearing will be scheduled. c Appeal procedure. Upon receipt of a timely written request for an administrative hearin the animal control supervisor shall schedule an administrative hearing to be held not later than 21 calendar days, and not sooner than five 5 days, after recei t of the written request. Determinations of dangerousness and fines based on the same incident shall be heard at the same administrative hearing. No Person aggrieved by a determination to designate a dog as dangerouaMay a pal to the Court for relief unless he has first exhausted the remedies_ provided for herein and taken all available steps provided in this section. While an appeal is pending, the determination shall be stayed, provided, however that pending resolution of the agpeaLthe owner or keeper shall confine the dog as set forth by the animal control supervisor. If the animal control supervisor has confiscated the doer, the owner or keeper shall be responsible for payment of all boarding cost and other fees as may be required to humane) and safely keep the dog durin an appeal. (bd) No owner or keeper shall permit an a nimal dog deemed fierGe dangerous, to be in noncompliance with the animal control supervisor's written order or any requirement of this 68404 chapter. Failure to comply constitutes a violation of this chapter and subjects the owner or keeper to the penalties of this chapter and subjects the Aog Animal to seizure as provided in this chapter. (se) Any owner, keeper or harborer of fierce, dangerous daps , within ten days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed fisrce,Yisieus or dangerous, shall provide proof to the animal control supervisor and to any person claiming to have been injured by the animal that the owner has notified in writing, proof of service required, the insurer of the premises where the animal is kept. (d#) All owners, keepers or harborers of fierGe dangerous dogs animals, within ten days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed dangerous, shall provide the animal control supervisor with two color 11 photographs of the registered animal clearly showing the color and approximate size of the animal. (eg All owners, keepers or harborers of fierGS, dangerous dogs animas must, within three days of the following incidents, report the following in writing to an animal control supervisor: (1) The removal from the county or death of a fieFG9, YiGieus Gf dangerous dog Baal; ( , (32) The new address of a fieree dangerous dog animal if the owner moves within the county limits; and (43) The animal is on the loose, has been stolen or has attacked or bitten a person or animal ( #h) A dog that bites any person or domestic animal may be quarantined, as provided by F.S. § 767.13, or section 4 -44 of the Monroe County Code No dog may bite or attack a person or an animal, and may be determined to be dangerous ervisiaas unless the bite or attack occurs in circumstances that exempt an animal from the definitions of dangerous -W vioieee under this chapter. SECTION 7. Section 4 -81(t) shall be amended to read as follows: (t) Dangerous dag ^ ^'�„f.,pa.f an v: d_fousae4pai care. Every dangerous dog animal shall be: M confined by its owner within a building or secure enclosure. A clearly visible warning sign informing the public of the presence of a dangerous dog on the property shall be posted; securely muzzled or caged whenever off the premises of its owner; (3) vaccinated in accordance with Section 4 -64 of this chapter: (4) sterilized; and 5 implanted with a microchip. The microchip shall be registered by the owner with the national registry applicable to the microchip, and the microchip number and other identifying information must be provided to the animal control supervisor. SECTION 8. 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 9. 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 10. INCLUSION IN 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 11. EFFECTIVE DATE. This Ordinance shall take effect as provided in section 125.66(2), Florida Statutes. 12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the th day of , 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro {SEAL} BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor /Chairperson MONROE OOLJNTuAT TOIFINEY a ALPP&R'�ED AS TO FORM: 0HRISTINS M. LIM,5 ATY ASSISTA i" COQNTY ATTORNEY Date 13 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Bulk Item: Yes X No Department: Coun1y Attorne Staff Contact : Susan Grimsley #3.477 AGENDA ITEM WORDING: Approval of a resolution to correct the erroneous language currently reflected in Sec. 110- 73(a), MCC due to a scriveners error in Ordinance No. 005 -2010 to accurately reflect prior deletions and changes in text effective in Ordinance No. 033 -2009. ITEM BACKGROUND: Ordinance No. 033 -2009 was approved by the BOCC on 10/21/09 which amended Sec. 110 -73(a) of the MCC. While the ordinance was effective 1/29/10, it was not available on the Municipal Code Website nor in paper format during the writing of Ordinance No. 005 -2010 approved by the BOCC on 2/17/10. As a result, the old text of Sec. 110- 73(a), which was no longer in the Code, was used in the general text of Ordinance No. 005 -2010 and was not changed in any way but simply copied to provide continuity to the sections and for no other purpose. This resolution will correct Ordinance No. 005 -2010 and will be transmitted to the Department of Community Affairs and the Secretary of State to also correct their records. PREVIOUS RELEVANT BOCC ACTION: 10/21/2009 BOCC approved Ordinance No. 033 -2009 2/17/2010 BOCC approved Ordinance No. 005 -2010 CONTRACT /AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No APPROVED BY: County Atty /�� DOCUMENTATION: Included X AMOUNT PER MONTH Year OMB/Purchasing Risk Management Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 GMD RESOLUTION NO. -2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CORRECTING ORDINANCE NO. 005 -2010 TO REFLECT PRIOR DELETIONS AND CHANGES IN TEXT EFFECTIVE IN ORDINANCE NO. 033 -2009; PROVIDING FOR TRANSMISSION TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN I —W 0FR I #- ki/AJ:1I_" WHEREAS, Ordinance No. 033 -2009 was enacted October 21, 2009; and WHEREAS, Ordinance No. 033 -2009 amended Sec. 110 -73(a) of the Monroe County Code; and WHEREAS, said ordinance was effective January 29, 2010 and was not available on the Municipal Code Website nor in paper format during the writing of Ordinance No. 005- 2010; and WHEREAS, Ordinance No. 005 -2010, attached as Exhibit A, was enacted on February 17, 2010 and the old text of Sec. 110- 73(a), which was no longer in the Code, was used in the general text of Ordinance No. 005 -2010 and was not changed in any way, but was simply copied to provide continuity to the sections in the ordinance and for no other purpose; and WHEREAS, Sec. 110 -73(a) had been changed as follows by Ordinance No. 033 -2009: 110 -73(a) Effect of issuance of a conditional use approval. Approval for a conditional use shall be deemed to authorize only the particular use for which it is issued. A conditional use approval shall not be transferred to a successive owner without notification to the deve epmen ,- °.....,.,,,.,ainate Planning Director within fifteen 15 days of the transfer. (1) Unless otherwise specified in the apprev ed a major conditional use approval, application fer- a building peFfflit shall be Faade within six menths of the date of the appfeval ef the eeiWitienal use, and all required building �permits and certificates of occupancy shall be procured within t�ve three 3 years of the date e f the ..,,.,.., e f t h e initial building pefmit on which the major conditional use pproval is recorded and filed in the official records of Monroe County or the m_ ajor conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. "n ex4e .sie Extensions of time to a major conditional use approval may be granted only by the planning commission for aperiedl ep nods not to exceed ene year- two 2) years and only within the efiginal period of vAidity. Applications for extensions shall be made prior to the expiration dates. Extensions to Mired major conditional use approvals shall be accomplished only by re- application for the major conditional uses When a hearing officer has ordered a conditional use approval initially denied by the Res correcting Ord No. 005 -2010 BOCC 9115110 Page of 3 GND planning commission, the planning commission shall nonetheless have the authority to grant or deny a time extension under this section. If the planning commission denies a time extension, the holder of the conditional use may request an appeal of that decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written denial of the planning commission. (2) Unless otherwise specified in a minor conditional use approval, all required building permits and certificates of ocMancy shall be procured within three (33) years of the date on which the minor conditional use gppLgyal is recorded and filed in the official records of Monroe Coupty or the minor conditional use approval shall become null and void with no further action required by the county. Approval _ time frames do not chanize with successive owners. Extensions of time to a minor conditional use approval may be granted only by the Planning Director for periods not to exceed one (1 ) year. Applications for extensions shall be made prior. to the expiration dates. Extensions to expired minor conditional use approvals shall be accom lisped only byre-4pplication for the minor conditional uses. When a hearing officer has ordered a conditional use 4pRLcLyal initially denied by the Planning Director the Planning Director shall nonetheless have the authority to grant or deny a time extension under this section. If the Planning Director denies a time extension, the holder of the conditional use mgy request an appeal of that decision under chapter 102 article VI division 2 by filing the notice required by that article within 30 days of the written denial of the Planning Director. (2) (D Development of the use shall not be carried out until the applicant has secured all other permits and approvals required by this chapter, this Code, or regional, state and federal agencies and until the approved conditional use is recorded in accordance with section 110 -72. WHEREAS, Sec. 110 -73(a) had already been changed, was effective, could not have been changed by using incorrect text without any strikethrough marks and deletions, and should be so reflected in Ordinance 005 -2010 and in the Monroe County Code; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 110- 73(a), Monroe County Code shall be corrected as shown above, pursuant to this resolution and pursuant to Ordinance No. 033 -2009 previously adopted by the BOCC on 1012112009. Section 2. A copy of this resolution shall be sent to the Department of Community Affairs by the Planning Director and to the Sectary of State by the Clerk of the Board. Res correcting Ord No. 005 -2010 BOCC 9 /15110 Page 2 of 3 GMD Section 3. This Resolution shall take effect immediately upon passage by the Board of County Commissioners of Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15' day of September, 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor /Chairperson MONROE COUNTY ATTORNEY APPR ED AS TO FORM: SU N M. GRIMSLEY ASSIST TLOLiNT ATTORNEY Date SS II io Res correcting Ord No. 005 -2010 BOCC 9/15/10 Page 3 of 3 ORDINANCE 005 - 2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 102 -55, REGISTRATION, SECTION 110 -4, DETERMINATION OF COMPLETENESS AND COMPLIANCE, EXCEPT FOR SINGLE - FAMILY DWELLINGS, SECTION 110 -7, ACTIONS BY DECISION - MAKING PERSONS AND BODIES, SECTION 110 -37, DEVELOPMENT PERMITTED AS OF RIGHT, SECTION 110- 69, MINOR CONDITIONAL USES, SECTION 110 -70, MAJOR CONDITIONAL USES, SECTION 110 -71, FINAL DEVELOPMENT PLAN SUBSEQUENT TO APPROVAL OF CONDITIONAL USE PERMIT, SECTION 110 -73, DEVELOPMENT UNDER AN APPROVED CONDITIONAL USE PERMIT, SECTION 110 -98, PRELIMINARY PLAT APPROVAL, SECTION 110 -99, FINAL PLAT APPROVAL; ELIMINATING REFERENCES TO THE OBSOLETE POSITION OF DEVELOPMENT REVIEW COORDINATOR; REASSIGNING THE RESPONSIBILITIES AND DUTIES OF THE DEVELOPMENT REVIEW COORDINATOR TO THE PLANNING DIRECTOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current text within the Monroe County Code's Land Development Code describing the job qualifications and functioning of the Planning & Environmental Resources Department is outdated; and WHEREAS, concerning the development review coordinator position, the position of development review coordinator has been eliminated in the Planning & Environmental Resources Department. All responsibilities of the position have been assumed by the planning director and the principal current planner; and WHEREAS, there is a need for consistency in terminology in the Monroe County Code; however, the terms "director of planning" and "planning director" are used interchangeably throughout the code; and NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section 102 -55 shall be amended as follows: Sec. 102 -55. Registration. All claims of nonconforming uses and structures shall be registered with the planning director in a form provided by the planning director within one year of the service of individual notice by mail to all landowners of record of the adoption of the plan and the requirement to register nonconforming uses and structures. Individual notice by mail shall be deemed served upon the deposit of duly stamped notice in the U.S. mails addressed to the owner of record according to the most recent listing of the property appraiser of the county. Failure to register a claim of nonconforming use or structure within one year after adequate legal notification by the planning director shall constitute a waiver of the right to claim nonconforming use status. Evaluation of nonconformity claims shall be on a case -by -case basis by the planning director based on the lawful nature of the use or structure when established, subject to appeal as provided in article VI of this chapter. The board of county commissioners, at its discretion, may direct the planning director to issue notification by category. Section 2. Section 110 -4 shall be amended as follows: Sec. 114 -4. Determination of completeness and compliance, except for single - family dwellings. Within 15 working days after an application for development approval has been received, the planning director shall determine whether the application is complete. If the planning director determines that the application is not complete, he shall serve a written notice on the applicant specifying the application's deficiencies. The planning director shall take no further action on the application unless the deficiencies are remedied. If the planning director fails to make a determination of completeness within 15 working days, the application is deemed complete. Once the application is deemed complete, the planning director shall cause the application to be evaluated within ten working days for compliance with the county's land use regulations. If the planning director determines that the application is not in compliance, he shall serve a written, notice explaining why this is so; and the application shall be denied. If the application is determined to be in compliance with these land use regulations, the planning director shall notify the applicant and the secretary of the planning commission so that a public hearing may be scheduled no earlier than 30 days following a determination of compliance and a notice given, if required, and shall convene the development review committee. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this chapter. Section 3. Section 110-7 shall be amended as follows: Sec. 110 -7. Actions by decision - making persons and bodies. I 1 (a) Generally. All decision - making persons and bodies shall act in accord with time limits established in this chapter except as provided in section 101 -2(b). Action shall be taken as promptly as possible in consideration of the interests of the citizens of the county. (b) Findings. All decisions shall be in writing and adopted by, resolution and shall include at least the following elements: , (1) A summary of the information presented before the decision - making body; i (2) A summary of all documentary evidence provided to the decision - making body or which the decision - making body considered in making its decision; and (3) A clear statement of specific findings of fact and a s,tatement of the basis upon which such facts were determined, with specific reference to the relevant standards set forth in this chapter, including, bVt not limited to, the standards in section 110 -67. (c) Notification. Notification of a decision - making body's decision, by copy of the resolution, shall be mailed by the planning director to the applicant by certified mail. Section 4. Section 110 -37 shall be amended as follows: See, 110 -37. Development permitted as of right. (a) Purpose. Uses permitted as of right are those uses that are compatible with other land uses in a land use district, provided they are developed in conformity with this chapter. (b) Application. An applicant for development approval for a use permitted as of right shall submit an application for a building permit, together with a certificate of compliance, if required, obtained pursuant to section 110 -142 and a description of the proposed development, to the building official. (c) Action on the application. If the planning director determines that the proposed development is in compliance with all requirements of this Code and the Monroe County Comprehensive Plan, and the building official determines that it is in compliance with the Florida Building Code and the applicant for development approval has been awarded a certificate of compliance, the building official shall issue a building permit with or without conditions. (d) Certified IS districts. This subsection authorizes the planning director to submit for certification by the board of county commissioners certain IS areas herein defined which may be issued permits without review by the land planning division. (1) At any regularly scheduled meeting of the board of county commissioners, certification may be given to those IS areas recommended for approval and listing by the planning director. (2) The planning director shall recommend from time to time to the board of county commissioners any IS area that meets the following: a. Documentation that all utilities and roads are in place consistent with the definition of 1S; b. Documentation that all appropriate bulk regulations found in section 130 -186 can be followed, as well as the requirements of article V of this chapter and chapter 130, article VI; c. Provision for appropriate impact fee payments as required by chapter 126; d. Provision for required landscaping as required by chapter 114, article IV; and e. Provisions for adequate parking as required by chapter 114, article III and access standards as required by chapter 114, article VII. (3) Any certificate given by the board of county commissioners under this section shall be in the form of a resolution that shall specify compliance with the requirements of subsection (d)(2) of this section. Section S. Section 110 -69 shall be amended as follows: See. 110-69. Minor conditional uses. (a) Applications for a minor conditional use permit. An application for a minor conditional use permit shall be submitted to the planning director in the form provided by the planning department. If approval of a plat is required for the proposed development, an application for plat approval shall be submitted in conjunction with the application for a conditional use permit. If an application for a minor conditional use includes a major conditional use, then the minor conditional use shall be considered in conjunction with the major conditional use in accordance with the procedures of section 110 -70. (b) Review by the development review committee. An application for a minor conditional use permit shall be reviewed by the development review committee. The development review committee shall forward its report and recommendation on the application for a minor conditional use permit to the planning director within ten working days of its determination of completeness. (c) Decision by the planning director. Within ten working days after receiving the report and recommendation of the development review committee, the planning director shall render a development order granting, granting with conditions or denying the application for a minor conditional use permit. (d) Notice of grant of a minor conditional use permit. The planning director shall give notice of any development order granting a minor conditional use by sending a written notice to all owners of real property located within 300 feet of the property that is subject to the minor conditional use permit, and notice of the intent to issue the minor conditional approval shall be published in newspapers of local circulation in the county by advertisement in the legal section. The costs of publication and written notice are to be borne by the applicant. Notice by the planning director shall be by regular mail on the day of the granting of the minor conditional use. (e) Consideration of a minor conditional use approval by the planning commission. Consideration of a minor conditional use approval shall be governed by the provisions of chapter 102, article VI. r j (f) Public hearing on an application for a minor conditional use permit_ The public hearing on an application for minor conditional use, if requested by the applicant, an adjacent property owner, or an aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any resident or real property owner, shall be conducted by the planning commission in accordance with the provisions of section 102- 185(e). Section 6. Section 110 -70 shall be amended as follows: See. 110-70. Major conditional uses. (a) Applications for major conditional uses. An application for a major conditional use permit shall be submitted to the planning director in a form provided by the planning department. (1) if approval of a plat is required for the proposed development, an application for plat approval shall be submitted in conjunction with the application for a conditional use permit. However, a major conditional use shall not become effective until the plat has been approved by the board of county commissioners. (2) As a part of the application for major conditional use, an applicant shall be required to submit the following, except for those inappropriate to the proposed development due to the limited size or scale of the development as determined by the planning director: a. An environmental designation survey consisting of: 1. A plan drawn to a scale of one inch equals 20 feet or less, except where impractical and the planning director authorizes a smaller scale, and showing the following: (i) The location of property; (ii) The date, approximate north point and graphic scale; (iii) The acreage within the property; (iv) The boundary lines of the property and their bearings and distances; (v) The topography and typical ground cover; (vi) The general surface characteristics, water areas and drainage patterns; (vii) The contours at an interval of not greater than one foot or at lesser intervals if deemed necessary for review purposes; (viii) The 100 -year flood -prone areas by flood zone; (ix) The presently developed and/or already altered areas; and (x) The location of mean high -water line; 2. A natural vegetation map and/or a map of unique environmental features such as: (i) Climax tropical hardwood hammocks; (ii) Endangered species habitats; and (iii) Major wildlife intensive use areas; 3. Aerial photographs of the property and surrounding area; 4. A review of historical and archeological sites by the Florida Division of Archives, History and Records Management; 5. A review of unique environmental features such as: (i) Climax tropical hardwood hammocks; (ii) Endangered species habitats; and (iii) Major wildlife intensive use areas; 6. Actual acreage of specific vegetation species or other environmental characteristics; 7. General information relating to the property in regard to the potential impact which development of the site could have on the area's natural environment and ecology; 8. Environmental resources: (i) If shoreline zones were identified, describe in detail any proposed site alterations in the areas, including vegetation removal, dredging, canals or channels; identify measures which have been taken to protect the natural, biological functions of vegetation within this area such as shoreline stabilization, wildlife and marine habitat, marine productivity and water quality maintenance; (ii) If tropical hammock communities or other protected vegetative communities were identified, describe proposed site alteration in those areas and indicate measures which were taken to protect intact areas prior to, during and after construction; (iii) Describe plans for vegetation and landscaping of cleared sites including a completion schedule for such work; 9. Environmental resources - wildlife. Describe the wildlife species that nest, feed or reside on or adjacent to the proposed site. Specifically identify those species considered to be threatened or endangered. Indicate measures that will be taken to protect wildlife and their habitats; and 10. Environmental resources -water quality: (i) Identify any wastewater disposal areas, including stormwater runoff, septic tank drain - fields, impervious surfaces and construction - related runoff, describe anticipated volume and characteristics. Indicate measures taken to minimize the adverse impacts of these potential pollution sources upon the quality of the receiving waters prior to, during, and after construction, identify the near shore water quality; and identify how this development will not adversely impact the near shore water quality. (ii) Indicate the degree to which any natural drainage patterns have been incorporated into the drainage system of the project; b. A community impact statement, including: 1. General description of proposed development: 2. 3. (i) Provide a general written description of the proposed development; include in this description the proposed phases of development or operation and facility use, target dates for each of these, and date of completion; in addition, indicate the site size, developing staging and appropriate descriptive measures such as quantity and type of residential units, commercial floor area, tourist accommodation units, seating and parking capacities; for residential development, indicate the anticipated unit-per-acre density of the completed project; (ii) Identify aspects of the project design, such as a clustering, which were incorporated to reduce public facilities costs and improve the scenic quality of the development; describe building and siting specifications which were used to reduce hurricane and fire damage potential to comply with federal flood insurance regulations and the comprehensive land use plan; Impact assessment on public facilities and water supply: (i) Identify projected daily potable water demands at the end of each development phase and specify any consumption rates that have been assumed for the projection; (ii) Provide proof of coordination with the Florida Keys Aqueduct Authority; assess the present and projected capacity of the water supply system and the ability of such system to provide adequate water for the proposed development; and (iii) Describe measures to ensure that water pressure and flow will be adequate for fire protection for the type of construction proposed; Public facilities -- Wastewater management: (i) Provide proof of coordination with the Florida Department of Health and Rehabilitative Services; (ii) Provide projection of the average flows of wastewater generated by the development at the end of each development phase; describe proposed treatment system, method and degree of treatment, quality of effluent, and location of effluent and sludge disposal areas; identify method and responsibilities for operation and maintenance of facilities; (iii) If public facilities are to be used, provide proof of coordination with the county waste collection and disposal district; assess the present and projected capacity of the treatment and transmission facilities and the ability of such facilities to provide adequate service to the proposed development; and (iv) If applicable, provide a description of the volume and characteristics of any industrial or other effluents; 4. Public facilities - -Solid waste: (i) Identify projected average daily volumes of solid waste generated by the development at the end of each phase; indicate proposed methods of treatment and disposal; (ii) Provide proof of coordination with county municipal services district; assess the present and projected capacity of the solid waste treatment and disposal system and the ability of such facilities to provide adequate services to the proposed development; and (iii) Comply with the requirements of section 114 -200 concerning any applicable traffic study; 5. Public facilities -- Transportation: (i) Provide a projection of the expected vehicle trip generation at the completion of each development phase; describe in terms of external trip generation and average daily and peak hour traffic; (ii) If the project site is adjacent to U.S. 1, describe the measures, such as setbacks and access limitations, which have been incorporated into the project design to reduce impacts upon U.S. 1; 6. Housing: (i) If the project includes residential development, provide breakdown of the proposed residential units by price range or rental range and type of unit such as single- family, duplex, townhouse, etc.; (ii) If lots are to be sold without constructed dwelling units, indicate the number and percentage of such lots and the extent of improvements to be made prior to sale; (iii) Assess the potential of the proposed development to meet local or regional housing needs; in particular, indicate any measures taken to provide low- and moderate - income housing; 7. Special considerations: (i) Describe the relationship of the proposed development to the comprehensive land use plan objectives and policies; also indicate relationships between existing or proposed public facilities plans; identify any conflicts; (ii) Indicate any relationships of the project to special land use and development district such as airport noise and hazard zones, solid or liquid waste treatment or disposal areas; (iii) If applicable, assess the impact of the proposed development upon other adjacent or nearby municipalities or counties; S. The data and information provided in a community impact statement shall be coordinated with data and other information and/or permits required by local, regional, state or federal regulatory or reviewing agencies as appropriate to the major conditional use proposed. (b) Review by the development review committee. An application for a major conditional use permit shall be reviewed by the development review committee. Within 15 working days after the submission of a complete application for a major conditional use permit, the development review committee shall forward a report and recommendation on the application for a major conditional use permit to the planning commission. (c) Public hearing on an application for a major conditional use permit. The planning commission shall hold a public hearing on the application for a major conditional use permit and shall within 45 working days of the submission of a complete application for a major conditional use permit to the planning director issue a development order granting, granting with conditions or denying the application for a major conditional use permit. (d) Notice of grant of a major conditional use permit. The planning director shall give notice of any development order granting a major conditional use by sending a written notice to all owners of real property located within 300 feet of the property that is the subject of the major conditional use permit, and notice of the intent to issue the major conditional approval shall be published in newspapers of local circulation in the county by advertisement other than in the legal notice section with the cost to be borne by the applicant. Notice by the planning director shall be by regular mail within 15 days of the granting of the major conditional use. (e) Appeal of a conditional use approved by the planning commission. The applicant, an adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any person who presented testimony or evidence at the public hearing conducted pursuant to subsection (c) of this section may request an appeal of the planning commission's major conditional use decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days after the publication of notice or sending of the written notice by the county, whichever is later. Section 7. Section 110 -71 shall be amended as follows: Sec. 110 -71. Final development plan subsequent to approval of conditional use permit. (a) Purpose. The final development plan is a more detailed plan for implementation of an approved conditional use. (b) Authority. The final plan representing conditions placed by the planning commission and required for development approval shall be submitted to the planning director within 60 days of the rendering of the development order for the conditional use permit. The final plan may be submitted in phases if phases have been approved as part of approval at the time of major conditional use approval. (c) Application. An application for final development plan approval shall include the information specified in a form provided by the planning director. (d) Staff review. If the planning department staff shall find that the application is complete, the application shall be reviewed by a development review committee, who shall submit a report to the planning director and planning commission within 15 working days of the date of a determination that the application is complete. (e) Final plan approval. Unless final development plan approval has been reserved to the planning commission as a condition of approval of a conditional use permit or by the provisions pertaining to that land use district, the planning director, upon a finding of conformity with the conditional use approval, shall prepare a report of his findings. If final action of a final development plan has been reserved to the planning commission, the planning commission shall hear it at a regularly scheduled meeting and upon the recommendation of the planning director shall approve a final development plan if it is deemed to be in conformity with conditional use approval. If the plan is not in conformity, the planning commission shall return the final plan to the applicant with a written statement of the changes that would make the final plan conform. The planning commission shall consider the final plan at a regularly scheduled hearing when requested by the applicant. Any final plan rejected by the planning commission shall be deemed null and void if not resubmitted within 180 days unless tolled by the filing of an appeal under subsection (e)(2) of this section. (1) A final plan shall be deemed to be in conformity if it: a. Evidences development within the parameters established by the planning commission in the prior approval of the conditional use as to the total number of dwelling units proposed by type of structure and number of bedrooms; b. Evidences development within the parameters established by the planning commission as to the total number of nonresidential structures; c. Evidences development within the parameters established by the planning commission as to the total square feet of building floor area proposed; d. Evidences development within the parameters established by the planning commission as to the total land area devoted to residential uses, commercial uses, public and private open space, streets, off-street parking and loading areas and other impervious surfaces; e. Evidences development within the parameters established by the planning commission for floor area ratio by type of development; f. Evidences development within the parameters established in the prior approval of the conditional use permit for the number of off - street parking and loading spaces for each type of use; g_ Evidences development that is consistent with the stated purpose of the land use district; and h. Evidences conformity to such other criteria and/or conditions as were established by the planning commission in the conditional use permit. (2) The holder of an approved conditional use whose final development plan has been denied by the planning commission may request an appeal hearing before a hearing officer under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the date of the written denial of the planning commission Section S. Section 110 -73 shall be amended as follows: See. 114 -73. Development under an approved conditional use permit. (a) Effect of issuance of a conditional use approval. Approval for a conditional use shall be deemed to authorize only the particular use for which it is issued. A conditional use approval shall not be transferred to a successive owner without notification to the development review coordinator within five days of the transfer. (1) Unless otherwise specified in the approved conditional use approval, application for a building permit shall be made within six months of the date of the approval of the conditional use, and all required certificates of occupancy shall be procured within two years of the date of issuance of the initial building permit, or the conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. An extension of time may be granted only by the planning commission for a period not to exceed one year and only within the original period of validity. When a hearing officer has ordered a conditional use approval initially denied by the planning commission, the planning commission shall nonetheless have the authority to grant or deny a time extension under this section. If the planning commission denies a time extension, the holder of the conditional use may request an appeal of that decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written denial of the planning commission. (2) Development of the use shall not be carried out until the applicant has secured all other permits and approvals required by this chapter, this Code, or regional, state and federal agencies and until the approved conditional use is recorded in accordance with section 1.10 -72. (b) Adjustments to approved conditional use approvals and inspection during development under a conditional use approval. (1) Authorized. After a conditional use has been approved, adjustments may be approved for major or minor deviations as set forth in subsections (b)(3) and (b)(4) of this section. (2) Inspections by department of planning. Following issuance of a conditional use approval, planning director shall review on a quarterly basis until the completion of the development all permits issued and construction undertaken, shall compare actual development and the approved plans and permits for development and the approved development schedule, if any, and shall report his findings in writing to the planning commission. (3) Minor deviations. The planning director may approve a minor deviation from the final development plan and schedule. Minor deviations must be authorized in writing and are subject to administrative appeal to the planning commission. Minor deviations that may be authorized are those that appear necessary in light of technical and engineering considerations brought to light by the applicant or the planning director and shall be limited to the following: a. Alteration of the location of any road or walkway by not more than five feet; b. Reduction of the total amount of open space by not more than five percent or reduction of the yard area or open space associated with any single structure by not more than five percent, provided that such reduction does not permit the required open space to be Iess than that required by section 130 -157; and C. Alteration of the location, type or quality of required landscaping elements of the conditional use permit. (4) Major deviations. If the holder of an approved conditional use wishes to make an adjustment to the approval that is not a minor deviation, approval of the planning commission in accordance with the provisions of subsection (b)(5) of this section must be obtained. If the planning director finds that the development is not proceeding in substantial accordance with the approved plans or schedule or that it fails in any other respect to comply with the conditional use approval issued or any provision contained in this chapter, that director shall immediately notify the planning director and the planning commission and may, if necessary for the protection of the public health, safety or welfare, notify the building official to issue a temporary order stopping any and all work on the development until such time as any noncompliance is cured. No action may be taken by the planning commission that effectively amends the conditional use approval except by way of the procedures set out in section 110 -70. (5) Action by the planning commission. Within 30 working days following notification by the planning director that work is not proceeding in substantial accordance with the approved plans or schedule or in some other respect is not in compliance with the conditional use approval, the commission shall: a. Determine that action be taken to bring development into substantial compliance; b. Determine that the conditional use approval be revoked; or c_ Authorize adjustments to the approved conditional use approval when such adjustments appear necessary in tight of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. Such adjustments shall be consistent with the intent and purpose of the conditional use approval as permitted, and shall be the minimum necessary to overcome the particular difficulty. No adjustment shall be inconsistent with the requirements of this chapter. Prior to considering action on such adjustments, the planning commission shall make inquiry of any person having information that may relate to the basis for consideration of an adjustment, but shall act as promptly and as expeditiously as possible. If the planning commission determines that an adjustment is necessary, it may, without public hearing, approve the following adjustments, provided that such adjustments do not have the effect of reducing the open space required under the provisions of section 130 -157: I. Alteration of the bulk regulations for any one structure by not more than five percent; 2. Alteration of the location of any one structure or group of structures by not more than ten feet; and 3. Alterations of such other requirements or conditions as were imposed in the approval of the conditional use or in approval of the final development plan by not more than five percent or, in the case of location, a variation of not more than ten feet from the location approved in the final plan, so long as in all cases such adjustments are in accord with the parameters established in the conditional use approval. d. In the event the building official has issued a temporary order stopping work as provided for herein, the planning commission shall, within 30 working days from the date of the issuance of the temporary order: 1. Proceed to revoke the conditional use approval; or 2. Overrule the action of the building official, in which case the temporary order shall immediately become null and void. (6) Appeal before hearing officer. The holder of a conditional use approval aggrieved by the decision of the planning commission made pursuant to subsection (b)(5) of this section may request an appeal before a hearing officer under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the date of the written decision of the planning commission. (c) Other adjustments. Any other adjustments or changes not specified in subsection (b) of this section shall be granted only in accordance with procedures for original approval of a conditional use, as set forth in section 110 -63 et seq. (d) Inspections after development. (1) Inspections by planning department. Following completion of the development of a conditional use, the planning department shall review the development for compliance with the use as approved. If it is determined that the conditional use has been developed in accordance with the approval, then a certificate of occupancy shall be issued in accordance with section 6 -145. If the planning director finds that the development, as completed, fails in any respect to comply with the use as approved, he shall immediately notify the building official, the planning commission, the board of county commissioners, and the applicant of such fact. The building official shall not issue a certificate of occupancy pursuant to section 6- 145 until the planning commission has acted on the planning director's notification of noncompliance. (2) Action by planning commission. Within 30 working days following notification by the planning director, the commission shall: a. Recommend that the finding of the planning director be overruled; b. Recommend to the applicant modifications in the development to bring it into accord with the terms and provisions of the final plan approval and the conditional use permit, or c. Revoke the conditional use permit, as well as all prior approvals and related or resulting permits. (3) Appeal before hearing officer. The holder of a conditional use approval aggrieved by the decision of the planning commission pursuant to subsection (b)(5) of this section may request an appeal before a hearing officer under chapter 102, article Vl, division 2 by filing the notice required by that article within 30 days of the date of the written decision of the planning commission Section 9. Section 110 -98 shall be amended as follows: See. 110 -98. Preliminary plat approval. (a) Generally. All applicants for approval of a plat involving five or more lots shall submit a preliminary plat for approval in accordance with the provisions of this section. (b) Application. An application for preliminary approval shall be submitted to the planning director in accordance with the provisions of this section, accompanied by a nonrefiendable fee as established from time to time by the board of county commissioners. The application shall contain the information required on a form provided by the planning director. (c) Staff review. After a determination that the application for preliminary plat approval is complete under the provisions of section 110 -4, the planning director shall submit the application to the development review committee, which shall prepare a recommendation and report for the commission. (d) Public hearing and action by the planning commission. The planning commission shall conduct a public hearing on an application for preliminary plat approval of a subdivision involving five or more lots, in accordance with the requirements of sections 110 -6 and 110 -7. The commission shall review such applications, the recommendation of the development review committee, and the testimony at the public hearing, and shall recommend granting preliminary plat approval, granting approval subject to specified conditions, or denying the application at its next meeting following submittal of the report and recommendation of the development review committee. (e) Effect of approval of preliminary plat. Approval of a preliminary plat shall not constitute approval of a final plat or permission to proceed with development. Such approval shall constitute only authorization to proceed with the preparation of such documents as are required by the planning director for a final plat. (f) Limitation on approval of preliminary plat. An application for final plat approval shall be filed within one year of the date of preliminary plat approval. Unless an extension is granted by the board of county commissioners, failure to file such an application automatically shall render null and void the preliminary approval previously granted by the board. Section 10. Section .110 -99 shall be amended as follows: See. 110 -99. Final plat approval. (a) Generally. All applicants for approval of a plat shall submit a final plat for approval in accordance with the provisions of this section. (b) Application. It shall be the responsibility of the developer to complete, have in final form, and submit to the planning director for final processing the final plat, along with all final construction plans, required documents, exhibits, legal instruments to guarantee performance, certificates properly executed by all required agencies and parties as required in this article, and the recording fee, and any other documents or information as are required by the planning director. After receipt of a complete application for final plat approval, as determined in accordance with section 110 -4, the planning director shall submit the application and accompanying documents to the development review committee. (c) Review and action by development review committee. The development review committee shall review all applications for final plat approval. (1) If the committee determines that a final plat for a subdivision involving fewer than five lots conforms to the substantive and procedural requirements of this chapter, the committee shall approve the final plat or approve it with conditions at its next regular meeting 15 working days after receipt of a complete application from the planning director, or as soon thereafter as practical. Final plats that are approved by the committee shall be placed on the consent agenda of the next regularly scheduled meeting of the board of county commissioners and shall become final unless removed from the consent agenda by the affirmative vote of three members of the board. If a final plat is removed from the consent agenda, the board shall not modify or reject the decision of the committee unless the board finds that the record does not contain competent substantial evidence to support approval. If the committee denies final plat approval, the applicant may appeal such denial to the board, which shall consider the application and any additional testimony submitted by the applicant and other persons and shall approve the final plat, approve it with conditions, or deny final plat approval. (2) For a final plat for a subdivision involving five or more lots, if the plat conforms to the approved preliminary plat and the substantive and procedural requirements of this chapter, at its next regular meeting or as soon as practical after receipt of a complete application, the development review committee shall recommend to the planning commission approval of the final plat or approval with conditions, If the committee finds that the plat does not substantially conform to the approved preliminary plat or the substantive and procedural requirements of this chapter, the committee shall recommend denial, specifying the area of nonconformity. (d) Review and action by the planning commission. The planning commission shall review all applications for final plat approval involving five or more lots and the recommendation of the development review committee. If the commission finds that the final plat conforms to the approved preliminary plat and the substantive and procedural requirements of this chapter, and commission shall recommend to the board of county commissioners approval of the final plat, or approval with specified conditions, and shall submit a report and written findings in accordance with section 110 -7. (e) Public hearing by the board of county commissioners. The board of county commissioners shall conduct a public hearing on all applications for final plat approval involving five or more lots in accordance with the procedures of section 110 -6(c). (f) Action by the board of county commissioners. For proposed subdivisions involving five or more lots, the board of county commissioners shall review the application, the recommendations of the development review committee and the planning commission, and the testimony at the public hearing, and shall grant final plat approval, grant approval subject to specified conditions, or deny the application, in accordance with the provisions of section 110 -7. Section 11. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, ' such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 12. Conflicting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 13. Transmittal. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 14. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 15. Inclusion in the Monroe Countv Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of the Code. Section 16. Effective Date. This ordinance shall become effective as provided by law and stated above. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17th day of February, 2010. Mayor Sylvia Murphy Mayor pro tem Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington Yes Yes Yes Yes Yes COUNTY BOARD OF COUNTY COMNIISSIONERS L. KOLHAGE, CLERK B . y Mayor Sylvia Murphy ti: TORNE'y =rim. nrA, irO. FORM: M. G SLEY '�?JWTY ATTORNEY c� -- 01 p �-7 co C7 MONROE COUNTY COURTHOUSE 500 WHITLIMAU STREET, SUITE 101 K FY WEST FLORIDA 33040 TEL. (305) 294 -4641 FAX (305) 295 -3663 B RANCH OFFICE: MARATHON Sus Couwmousr. 31 17 OVFRSFAS H IGH W AY MARATHON, FLORIDA 33050 TEL. (305) 289 -6027 FAX (3115) 289 -1745 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Dear Ms. Cloud, March 4, 2010 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852.7145 FAX (305) 852 -7146 ROT" BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -7145 FAX (305) 853 -7440 Via Certified Mail 7005 1160 0000 3841 5 Enclosed are certified copies of the following Ordinances: Ordinance No. 005 -2010 amending Monroe County Code Sections 102 -55, 110 -4, 110 -7, 110 -37, 110-69, 110 -70, 110 -71, 110 -73, 110 -98 and 1 10-99 to eliminate reference to employee positions no longer in the Growth Management Division; provide for the director of planning to perform those functions within the Division; and provide consistency in the title for the director of planning. Ordinance No. 006 -2010 amending Monroe County Code Sections 102 -21 and 6 -55 to revise the Planning Director's qualifications and duties; eliminate the position and description of the development review coordinator; amend the development review committee duties; relocate within the code the duties of the building official; and eliminate the divisions of capital improvements planning, land use planning, and environmental resources in the Monroe County Code. Ordinance No. 007 -2010 amending Monroe County Code Section 110 -3, Pre - application Conference; Eliminating references to the obsolete position of Development Review Coordinator; Reassigning the responsibilities and duties of the Development Review Coordinator to the Planning Director or Planning Department Staff; and Amending the time frame in which a letter of Understanding shall be mailed to the applicant. _ i �oow : r .- 0, w we :�G •o- {�OF �ouNTY 4 O CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk- of- the- court.com Ordinance No. 008 -2010 amending the land use district map designation from Improved Subdivision (1S) to Suburban Commercial (SC) pursuant to a request by Siever's Marine ,Inc., for property located at Mile Marker 106 in Key Largo (RE #'s 00538170.000000, 00538180.000000, and 00538190.000000). These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on February 17, 2010. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Growth Management County Attorney via e-mail File S 22 TbWE 0000 09T'[ SGOL SENDER COMPLrTr suclofv (�,/ /�IB6 Item 4 It mad Qty de trod. Pr#r3t YOur neFr w and addrem on ft reverse so that we can return the card toy, X Aqwft © Addmmm K' Rtk thls cart to the back of ttie wolow, B• wed by (P tart raj G. c at kTeIive►y or on the fm "I if space perrnf . . . • Rrtiole Armed to: D. *OM )wn 17 17 Ybs L 19 4,4; Program Administrator ff belbur: © No Administrative Code and Weekly R.A. Gray Building 00 South Bronough Street. ype ^flahasses, Florida 32399 -0250 , © E3 for © rns ed MiLq 110.o n. . 4. Re�ricEed oatl re,�rt Aft F" 0 VN Argyle t�utEber . , , 1 7C]C3a 1160 01100 3841 2235 .: PS >381 W, If�II EIlI[IE {EElill�l[tlilt(t'Eltl l� {I[I �IS iilil l�l�l 2z!w3a .� tlt ltll� 3 f 086L xos 'O'd 3J1 ifl '7 MNva . xoq sjgl ul i7 +dfZ pua 'SSaapP 'awau �c�o� fw d asaa�d :aapuag . 0 VE) 'ON MLW Od SdSn pled sea3 I ®BEPOd 331nI:13S Id 1SOd S31VIS 031IN �aeyy sse�� -Isjl:j 3 CHARLIE CRIST Governor March 11, 2010 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: KmT S. BROWNING Secretary of State Pursuant to the provisions of Section 125.56, Florida Statutes, this will acknowledge receipt of your letter dated March 4, 2010 and certified copies of Monroe County Ordinance Nos. 004 -2010 through 008 -2010, which were filed in this office on March 9, 2010. Sincerely, Liz Cloud Program Administrator LC /srd DIRECTOR'S OFFICE R,A. Gray Building . 500 South Bmnough Street a Tallahassee. Florida 32399 -6250 850.245.6600 • FAX: 950.245.6735 * TOD: 850.922.4085 • http: /1d1ls.d06.state.11.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 + FAX: 850.245.6643 850 245.6600 o FAX: 850.245,6744 850 245,6700 • FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.4882812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHIVES OF FLORIDA y f f p t'-) �t a DIRECTOR'S OFFICE R,A. Gray Building . 500 South Bmnough Street a Tallahassee. Florida 32399 -6250 850.245.6600 • FAX: 950.245.6735 * TOD: 850.922.4085 • http: /1d1ls.d06.state.11.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 + FAX: 850.245.6643 850 245.6600 o FAX: 850.245,6744 850 245,6700 • FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.4882812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHIVES OF FLORIDA DCA Final Order No.: DCAIO -OR -082 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS o ADOPTED BY MONROE COUNTY a,' r~ rn ORDINANCE NO. 005 -2010 C� O FINAL ORDER = a. -q) zC F r i The Department of Community Affairs (the "Department ") hereby issues its_�fn'" rd pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2009), approving a lang o development regulation adopted by a local goverrnnent within the Florida Keys Area of Critical State Concern as set forth below. FINDINGS OF FACT 1. The Florida Keys Area is a statutorily designated area of critical state concern, and Monroe County is a local government within the Florida Keys Area. 2. On March 15, 2010, the Department received for review Monroe County Ordinance No. 005 -2010 ( "Ord. 005 - 2010 "), adopted by Monroe County on February 17, 2010. 3. The purpose of Ord. No. 005 -2010 is to amend Monroe County Code Section 102 -55, Registration; Section 110 -4, Determination of Completeness and Compliance, Except for Single - Family Dwellings; Section 110 -7, Actions by Decision Making Persons and Bodies; Section 110 -37, Development Permitted as of Right; Section 110 -69, Minor Conditional Uses; Section 110 -70, Major Conditional Uses; Section 110 -71, Final Development Plan Subsequent to Approval of Conditional Use Permit; Section 110 -73, Development Under an Approved Conditional Use Permit; Section 110 -98, Preliminary Plat Approval; Section 110 -99, Final Plat Approval, to eliminate references to the obsolete position of Development Review Coordinator and to reassign the responsibilities and duties of the Development Review Coordinator to the Planning Director. DCA Final Order No.: DCA10 -OR -082 CONCLUSIONS OF LAW 4. The Department is required to approve or reject land development regulations that are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical State Concern. § 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2009). 5. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Stat. (2009) and Rule 28- 29.002 (superseding Chapter 27F -8), Fla. Admin. Code. 6. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat. (2009). The regulations adopted by Ord. 005 -2010 are land development regulations. 7. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the "Principles ") as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions. 8. Ord. 005 -2010 promotes and furthers the following Principles: (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. (1) To protect the public health, safety and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique resource. 9. Ord. 005 -2010 is consistent with the Principles for Guiding Development as a whole. 10. Ord. 005 -2010 furthers Monroe County Comprehensive Plan and is not inconsistent with the Comprehensive Plan. WHEREFORE, IT IS ORDERED that Ord. 005 -2010 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED DCA Final Order No.; DCA10 -OR -082 This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below. DONE AND ORDERED in Tallahassee, Florida. CHM= GAUTHIER, AICP Director, Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING. IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON DCA Final Order No.: DCA10 -OR -482 ALL THE ISSUES INVOLVED, TO CONDUCT CROSS - EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399 -2100. THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28- 106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- 106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- 106.201(2), FLORIDA ADMINISTRATIVE CODE. A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28- 106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING. YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER. CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true and qrrepecopies have been furnished to the persons listed below by the method indicated this 44Taay of May, 2010. Ford, Agency Clerk DCA Final Order No.: DCA10 -OR -082 By U.S. Mail Honorable Sylvia Murphy Mayor of Monroe County 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Christine Hurley Growth Management Director 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 By Hand Delivery or Interagency Mail: Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee ADDITIONAL BACK -UP ORDINANCE 033 -2009 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY SECTION 110 -72 CONCERNING RECORDING OF CONDITIONAL USES; AMENDING SECTION 110 -73 REGARDING EXTENSIONS OF CONDITIONAL USES AND PROVIDING CONSISTENCY WITH SECTION 110 -72 TIME PERIODS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the position of development review coordinator has been eliminated in the Planning & Environmental Resources Department. All responsibilities of the position have been assumed by the Director of Planning & Environmental Resources and the Principal Current Planner. Therefore, Section 110 -72(a) and Section 110 -73(a) need to be amended to remove mention of this position; and WHEREAS, during Board Discussion at public hearings in which conditional use permit time extension applications were considered, members of the Monroe County Planning Commission requested that Planning & Environmental Resources Department staff review Section 110 -73(a) and determine if a two (2) -year timeframe would be more appropriate for a time extension period for conditional use permits, as opposed to the one (1) -year maximum currently permitted, and suggested that staff clarify the language of the section, particularly that relating to whether or not multiple extensions can be granted; and WHEREAS, upon review of the Section 110- 73(a), staff found that the current timeframe of conditional use permits is difficult to administer and recommended that the timeframe period be modified to provide a more practical timeframe for conditional use permits that is easier to administer and that important dates be clarified; and WHEREAS, upon review of the Section 110- 73(a), staff found that only the Planning Commission has the authority to grant extensions to all conditional use permits. In that the Planning Commission grants major conditional use permits, they are the appropriate entity to grant extensions to major conditional use permits. However, the Planning Director grants minor conditional use permits. Since these applications are granted by the Planning Director, staff recommended that the Planning Director, not the Planning Commission, hold the authority to grant extensions to minor conditional use permits; and WHEREAS, this ordinance was recommended for approval to the Board of County Commissioners by the Planning Commission at its meeting of September 23, 2009; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section 110 -72(a) shall be amended as follows: (a) All conditional use approvals shall be recorded with the clerk of the circuit court in the official records of the county, including the terms and conditions upon which such approval is given, prior to the issuance of a building permit. The requirement contained in section 110 -73(a) that a conditional use permit not be transferred to a successive owner without notification to the Planning Director within 15 days of the transfer must be included on the document which is recorded pursuant to this section. Section 2. Section 110 -73(a) shall be amended as follows: (a) Effect of issuance of a conditional use approval. Approval for a conditional use shall be deemed to authorize only the particular use for which it is issued. A conditional use approval shall not be transferred to a successive owner without notification to the Planning Director within fifteen (15) days of the transfer. (1) Unless otherwise specified in a major conditional use approval, all required building permits and certificates of occupancy shall be procured within three (3) years of the date on which the major conditional use approval is recorded and filed in the official records of Monroe County, or the major conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. Extensions of time to a major conditional use approval may be granted only by the planning commission for periods not to exceed two (2) years. There may be no more than two (2) extensions. Applications for extensions shall be made prior to the expiration dates. Extensions to expired major conditional use approvals shall be accomplished only by re- application for the major conditional uses. When a hearing officer has ordered a conditional use approval initially denied by the planning commission, the planning commission shall nonetheless have the authority to grant or deny a time extension under this section. If the planning commission denies a time extension, the holder of the conditional use may request an appeal of that decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written denial of the planning commission. (2) Unless otherwise specified in a minor conditional use approval, all required building permits and certificates of occupancy shall be procured within three (3) years of the date on which the minor conditional use approval is recorded and filed in the official records of Monroe County, or the minor conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. Extensions of time to a minor conditional use approval may be granted only by the Planning Director for periods not to exceed one (1) year. Applications for extensions shall be made prior to the expiration dates. Extensions to expired minor conditional use approvals shall be accomplished only by re- application for the minor conditional uses. When a hearing officer has ordered a conditional use approval initially denied by the Planning Director, the Planning Director shall nonetheless have the authority to grant or deny a time extension under this section. If the Planning Director denies a time extension, the holder of the conditional use may request an appeal of that decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written denial of the Planning Director. (3) Development of the use shall not be carried out until the applicant has secured all other permits and approvals required by this chapter, this Code, or regional, state and federal agencies and until the approved conditional use is recorded in accordance with section 110 -72. Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 4. Conflicting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 5. Transmittal. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05 (11) and F.S. 380.0552(9). (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) Section 6. Filinz. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 7. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of the Code. Section S. Effective Date. This ordinance shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 st day of October, 2009. Mayor George Neugent Mayor pro tem Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro Yes Yes Yes Yes Yes MOE COUNTY BOARD OF COUNTY COMMISSIONERS 0 G1C C=) C..] Li Cr C:: O !i r� ttJ U— Attest: NNY L. LHAGE, CLERK By By Deputy Clerk �c VD 1 a er+ w U 4- �)40ft5oo� Mayor George Neugent M IOE COON ATTORNEY I APP UEO • 5 FORK! Data: MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST FLORIDA 33040 TEL. (305) 294 -4641 FAX (305) 295 -3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON FLORIDA 33050 TEL. (305) 289 -6027 FAX (305) 289 -1745 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Dear Ms. Cloud, November 9, 2009 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852 -7146 ROTH BUILDING 50 H IGH POINT R OAD PLANTATION KEY FLORIDA 33070 TEL. (305) 852 -7145 FAX (305) 853 -7440 Via Certified Marl 70051160 0000 3841 2334 Enclosed is a certified copy of Ordinance No. 033 -2009 by the Monroe County Board of County Commissioners amending Section 110.72 of the Monroe County Land Development Code concerning recording of conditional uses; Amending Section 110.73 regarding extensions of conditional uses and providing consistency with Section 110 -72 time periods. This Ordinance was adopted by the Monroe County Board of County Commissioners at a special meeting, held in formal session, on October 21, 2009. Please file for the record, Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, r�`r cou�vrr 10 1M . . n•. r . _:'_.." . CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk- of- the- court.com Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Via E -Mail to the following: Grolvth Management County Attorney File ��2 VAE 0000 09TT 5002 CHARLIE GRIST Governor November 17, 2009 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: KURT S. BROWNING Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated November 9, 2009 and certified copy of Monroe County Ordinance No. 033 -2009, which was filed in this office on November 13, 2009. Sincerely, Liz Cloud Program Administrator LC/Srd DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronaugh Street • Tallahassee, Florida 32399 -0250 850.245.6600 • FAX: 850.245.6735 • TDD:850.922.4085 • httpWdlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850,498.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHNES OF FLORIDA C F CD -ry W O CM DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronaugh Street • Tallahassee, Florida 32399 -0250 850.245.6600 • FAX: 850.245.6735 • TDD:850.922.4085 • httpWdlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850,498.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHNES OF FLORIDA • Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Artidp Addressed to: Program Administrator Aoministrative Code and Weekly R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 Ad�u, - 33 A. signature X �� ❑ Agent ❑ Addressee B. Received by (PA& Narp�l C. Date of Delivery . y D. Is delivery address nt from Rem tT 11 Yes If YES, enter delivery se below: ❑ No 3. Ice Type Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Recelpt for Merchandise ❑ Insured Mall © C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7005 1160 0000 3841 2334 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Rece 1x2595 -02 -M -1540 i rtl jlt3E [7 /t1Et1f1 {��I�i[�[tEl+t�it3�lf 111 E,�fElllf lflE�l��I+I 086 j. :'09 'O'd 3EWH I C) " ; NIVQ xOq s[y; ui V +dlZ pue 'ssaippe 'aweu anon( }uud aseall :39pues U -J 'ON I[uuad Sdsn pied saad V 88 e3 30 d HON sse[o - Is - 1[d EDIA83S - lViSOd SKUS a31[Nn Page I of I Pam Hancock From: <ords @munjcode.com> To: <phancock @monroe- clerk.com> Sent: Friday, March 05, 2010 1:31 PM Subject: Monroe County, FL Code of ordinances - 2008 (14298) Supplement 3 Municipal Code Corporation municode.com OCL www.municode.com 1.800.262.2633 Monroe County, FL Code of Ordinances - 2008 (14298) S €IPplement 3 Document Adopted Date Recorded Recorded Format Ordinance No. 030 -2009 8/16/2009 12/9/2009 Hard Copy /Electronic Ordinance No. 031 -2009 8/19/2009 12/9/2009 Hard Copy /Electronic Ordinance No. 036 -2009 11/18/2009 12/16/2009 Hard Copy Ordinance No. 32 -2009 12/16/2009 1/4/2010 Hard Copy /Electronic Ordinance No. 038 -2009 12/16/2009 1/19/2010 Hard Copy Ordinance No. 001 -2010 1/20/2010 2/5/2010 Hard Copy /Electronic Ordinance No. 033 -2009 10/21/2009 2/5/2010 Hard Copy /Electronic Resolution No. 018 -2010 1/20/2010 2/12/2010 Hard Copy /Electronic Ordinance No. 004 -2010 2/17/2010 3/5/2010 Hard Copy /Electronic You can also AEmGO GREENde❑ and reduce the number of supplement copies you receive or just get a PDF of the supplement to print your own copies. El Update the internet version of your Code more often than a printed supplement. We can update the Internet quarterly, monthly, even weekly. FE We can post newly enacted ordinances in the online Code after each meeting. 3/5/2010 DCA Final Order No.: DCA09 -OR -404 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2: � " � In re: MONROE COUNTY LAND r ; o r DEVELOPMENT REGULATIONS -� n ADOPTED BY MONROE COUNTY r, YV ORDINANCE NO. 033 -2009 - s M FINAL ORDER o The Department of Community Affairs (the "Department") hereby issues its Final Order, pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2008), approving a land development regulation adopted by a local government within the Florida Keys Area of Critical State Concern as set forth below. FINDINGS OF FACT 1. The Florida Keys Area is a statutorily designated area of critical state concern, and Monroe County is a local government within the Florida Keys Area. 2. On November 13, 2009, the Department received for review Monroe County Ordinance No. 033 -2009 ( "Ord. 033. 2009 "), adopted by Monroe County on October 21, 2009. Ord. No. 033 -2009 amends Sections 110 -72 and 110 -73, Monroe County Code, concerning Amendments to the Land Development Regulations concerning recording of conditional uses and extensions of conditional uses and providing consistency with Section 110 -72 Time Periods. 3. The purpose of Ord. No. 033 -2009 is to amend Section 110 -72 and Section 110 -73 to reflect that the position of development review coordinator has been eliminated in the Planning Environmental Resources Department and that the responsibilities of that position have been assumed by the Director of Planning; and to provide a 2 year extension for major conditional use approvals and a 1 year extension for minor conditional use approvals. CONCLUSIONS OF LAW 4, The Department is required to approve or reject land development regulations that are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical DCA Final Order No.: DCA09 -OR 404 State Concern. § 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2008). 5. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Stat. (2008) and Rule 28- 29.002 (superseding Chapter 27F -8), Fla. Admin. Code. 6. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat. (2008). The regulations adopted by Ord. 033 -2009 are land development regulations. 7. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the "Principles ") as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions. 8. Ord. 033 -2009 promotes and furthers the following Principles: (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. (1) To protect the public health, safety and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique resource. 9. Ord. 033 -2009 is consistent with the Principles for Guiding Development as a whole. 10. Ord. 033 -2009 furthers Monroe County Comprehensive Plan and is not inconsistent with the Comprehensive Plan. WHEREFORE, IT IS ORDERED that Ord. 033 -2009 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is fled as described below. DCA Final Order No.: DCA09 -OR -404 DONE AND ORDERED in Tallahassee, Florida. CHARLES GAUTHIER, AICP Director, Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING. IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS - EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. DCA Final Order No.: DCA09- OR404 IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399 -2100. THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28- 106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- 106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- 106.201(2), FLORIDA ADMINISTRATIVE CODE. A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28- 106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING. YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER. CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true and corn ct copies have been furnished to the persons listed below by the method indicated this of December, 2009. Paula Ford, Agency erk DCA Final Order No.: DCA09- OR404 By U.S. Mail: Honorable George Neugent Mayor of Monroe County 25 Ships Way Big Pine Key, Florida 33043 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Christine Hurley Growth Management Director 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 By Hand Deliverer or Interagency Mail Craig Diamond, Bureau of State Planning, DCA Tallahassee Rebecca 3etton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Cou Attorney Bulk Item: Yes XX No Staff Contact Person: Bob Shillinger x 3470 AGENDA ITEM WORDING: Authorization to execute Ninth Amended Settlement Agreement in Case No. CAK 01 -108, Richard M. Osborne, Trustee & Conch Contrada, L.C. v. Monroe County, et al. 11L+ lV1 BAUKUKOUND: The Eighth Amended Settlement Agreement and Order Approving same was entered April 6, 2009. The proposed Ninth Amended Settlement Agreement is amended as follows: Paragraph 1: The Keys Federal Credit Union ( "KFCU ") as successor in interest to Richard M. Osborne has received Major (formerly Minor) Conditional Use Approval to construct a 25,120 sq. ft. credit union, banking or financial institution office facility requiring 74 parking spaces plus 4 handicap parking spaces during ROGO Year 19 (ending July 13, 2011). Paragraph 2: Per the development orders in' 1 of the original Settlement Agreement, Monroe County agrees to process promptly upon submittal the application for building permit by Osbome or his assigns for construction of mini - storage warehouse per the original Settlement Agreement during ROGO Year 13 or alternatively a 25,120 sq -ft. credit union, banking or financial institution office facility in ROGO Year 19 (July 14, 2009 through July 13, 2011). PREVIOUS RELEVANT BOCC ACTION: In July, 2002, the BOCC approved a Settlement Agreement with both Osborne and Conch Contrada, settling an inverse condemnation case by authorizing specified development on two properties fronting US Hwy 1 on Stock .Island. The original Settlement Agreement has been modified over time, via Stipulation, to amend the Conditional Use Order. CONTRACT /AGREEMENT CHANGES: NIA STAF F R1N:COMMENDATIONS: Approval TOTAL COST: -0- BUDGETED: Yes _ No COST TO COUNTY: -0- SOURCE OF FUNDS: REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year APPROVED BY: County Att x OMB /Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # STOKES & CARDEN,AS ATTORNEYS AT LAW 221 SIMONTON STREET, KEY WEST, FL 33040 TELEPHONE (305) 294 -0252 FAx (305) 292 -5442 ADELE VIRGINIA STONES, P.A. July 15, 2010 s,jojbRGE GoUtJ'� Bob Schillinger, Esq. County Attorney's Office PO Box 1026 Key West, FL 33041 SUSAN M. CARDENAS, P,A. Re: Richard Osborne, Trustee and Conch Contrada, LC v. Monroe County, et. al. Case No. CA -K -0 1 -108 Dear Mr. S er: Enclosed please find the proposed Ninth Amendment to the Settlement Agreement and Order approving same in the above- referenced matter, for your review. Please advise what further step(s) may be required for consideration and approval of this request by placement before the Board of County Commissioners. Thank you for your attention to this request. if you have any questions, please do not hesitate to contact me. Sincerely Yours, Adele V. Stones AVS /cros c: client IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA RICHARD M. OSBORNE, as Trustee; and CONCH CONTRADA, L.C., a Florida Limited Liability Company, Plaintiff/Petitioners, Case No. CA -K -0 1 -108 V. MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH PASKALIK, in his official capacity as Building Official, Defendant/Respondents ORDER APPROVING NINTH AMENDED SETTLEMENT AGREEMENT AS TO KEYS FEDERAL CREDIT UNION, AS SUCCESSOR IN INTEREST TO RICHARD M. OSBORNE THIS MATTER was considered, and the Court having reviewed the Ninth Amended Settlement Agreement entered into by the parties and finding same to be acceptable, it is ADJUDGED that the Ninth Amended Settlement Agreement is approved. The Court shall retain jurisdiction over the parties to enforce the terms of the Agreement contained therein. DONE AND ORDERED at Key West, Monroe County, Florida this day of , 2010. CIRCUIT JUDGE c: County Attorney Adele V. Stones IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA RICHARD M.SBORNE, as Trustee; and CONCH CONTRADA, L.C., a Florida Limited Liability Company, Plaintiff /Petitioners, Case No, CA -K -0 1 -108 V MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH PASKALIK, in his official capacity as Building Official, Defendant/Respondents NINTH AMENDED SETTLEMENT AGREEMENT AS TO KEYS FEDERAL CREDIT UNION, AS SUCCESSOR IN INTEREST TO RICHARD M. OSBORNE Plaintiff KEYS FEDERAL CREDIT UNION ( "Credit Union "), as successor in interest to Richard M. Osborne, Trustee, and, and Defendants, MONROE COUNTY, a political subdivision of the State of Florida ( "Monroe County "), and JOSEPH PASKALIK, in his official capacity as Building Official ( "Paskalik "), (collectively, the "Parties "), having previously amended a settlement agreement in the above - styled action, and agreed to Credit succeeding Osborne according to the rights and duties contained in: a. The Settlement Agreement dated July 17, 2002, hereafter "Original Settlement Agreement," attached hereto as Exhibit "A ". b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit "B ". c. The Second Amended Settlement Agreement dated May 16, 2006, attached hereto as Exhibit "C'. d. The Third Amended Settlement Agreement as to Conch Contrada, L.C. dated May 16, 2006, attached hereto as Exhibit "D ". e. The Fourth Amended Settlement Agreement as to Keys Federal Credit Union dated February 21, 2007, as Successor in Interest to Richard M. Osborne, attached hereto as Exhibit aV A f. The Fifth Amended Settlement Agreement as to Conch Contrada, L.C. dated February 21, 2007, attached hereto as Exhibit "F" g. The Sixth Amended Settlement Agreement as to Keys Federal Credit Union, as Successor in Interest to Richard M. Osborne, attached hereto as Exhibit "G ". h. The Seventh Amended Settlement Agreement as to Conch Contrada, L.C., attached hereto as Exhibit "11". i. The Eighth Amended Settlement Agreement as to Keys Federal Credit Union, as Successor in Interest to Richard M. Osborne, attached hereto as Exhibit "I ". 1. The parties hereby agree to amend the Eighth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne as follows: a. Paragraph I is hereby amended to read: 1. The Keys Federal Credit Union, as successor in interest to Osborne, has received through the Eighth Amended Settlement Agreement Major Conditional Use Approval to construct a 25,120 square foot credit union, banking or financial institution office facility requiring 74 parking spaces plus 4 handicap parking spaces during ROGO Year 19 (ending July 13, 2011). b. Paragraph 3 is hereby amended to read: In accordance with the development orders referred to in paragraph 1 of the Original Settlement Agreement, Monroe County agrees to process promptly upon submittal the application for building permit by Osborne or his assigns for construction of mini- storage warehouse per the Original Settlement Agreement during ROGO Year 13 or the alternative 25,120 sq. ft. credit union, banking or financial institution office facility in ROGO Year 19 (July 14, 2009 through July 13, 2011). C. Paragraph 7 is hereby amended to read: 7. All other terms of the original Settlement Agreement dated July 17, 2002, and subsequent Amended Settlement Agreement, and Second Amended Settlement Agreement, Third Amended Settlement Agreement as to Conch Contrada, LC., Fourth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne, Fifth Amended Settlement Agreement as to Conch Contrada, L.C., Sixth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne, Seventh Amended Settlement Agreement as to Conch Contrada, L.C., and Eighth Amended Settlement Agreement as to Keys Federal Credit Union, as Successor in Interest to Richard M. Osborne, shall remain in full force and effect. d. Paragraph 8 is hereby amended to read: 8. This Ninth Amended Settlement Agreement shall not be valid and binding upon the parties until approved by the Court and incorporated into an Amended Final Judgment entered by the Court in these proceedings. C. Paragraph 9 is hereby amended to read: 9. Until this Ninth Amended Settlement Agreement has been approved by the Court pursuant to Paragraph R above, the preceding paragraph, the Original Settlement Agreement and Judgment previously entered and unmodified, and any subsequent approved amendments or modification shall remain in full force and effect. ATTEST: DANNY L. KOLHAGE CLERK: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY By: Deputy Clerk Signature of Witness Signature of Witness Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness , President/CEO MONROE 0 T TTO APP T RM: OBERT S. SHILLINGER, JR. CHIEF ASSITANT AUNTY TTORNEY D ate:... �-- — Sylvia Murphy, Mayor MONROE COUNTY BUILDING OFFICIAL IN Joseph Paskalik KEYS FEDERAL CREDIT UNION as Successor in Interest to RICHARD M. OSBORNE LIN IN TH P� CIE CU11 COURT OF THE SIXTEENTH DICfAL CIRCUITIN AF14D FOR MONROE COJNTV PLO IDA RICHARI) M• 0 SB0R_NF , , as Trustee, and CONCH C OW DA,' a, Florida Limited Lin r y ConpanY, Plait ntiff slI'etitioners Cgse No. CA _0l 1 o MONROE a . Ct)UNI Y, political ry strbdivision of the State of F � Ibrid�a; -arid JOSEPH PASKA.I,I.K, in his official capacity as Building Official, Defen dant/ Respondent., ,t? ; C4 's��rLl�M.�I�T AG3ftEEMENT Nlaititifl RICHARD M,. OSBORNE, as Trustee ( "Osborne "), and CON'CfI CONTRADA, l..0 , a Florida Limited Liability Cozen Defcndants, MONROE Co JN�Y R an y ( Conch Cont7rada „ ), and E a political subdivision of the State of Florida ( "Monroe County ,, ), and J SLl'l I pASKALI K i his; official capacity as Building Official ( "Paslcalik "), ha ving IM icalaly resolved their diff� rences which gave rise to this actioit, hereby agree to settle this matter between i #tem i l Eon the following terms and conditions I As to Oshorjne M`onroc County agrees; a) d at a Major Conditional Usk to colzstruct a 35,200 sq. ft• milli stor e Warehouse arehouse has be6n approved, with conditions, by Monroe County Pla1zning Com rssion on January 27 I9�7' a I, under Resolution No. P3 -97, recorded at O. R. Book 1446, ages 2205 - 2207; b)' thai a variance with regard to off- street parking, reducing the ntzr der of'requ.ired parking sp ces from 10 to 2.5 per 1,000 Exhibit "A" ol'tloot ai a for tlxc proposed mini storage warehouse r gas granted by the Monroe vtInty Planning Con 1rrtssion on January 17, 1997, wider resolution' No. P?w r 97, and, c) that both development orders are presently valid and in full force and•effcc #. , i 2 • As to Conch Contrada L.C. , Monroe County agree: a) that a Minor Conditional Use Development, Order No. 5 -99 to construct one ;500 square foot restaurant, to relocate an, existing sewage treatment , l'tcilit Y, , and t locate a shared driveway, was approved, with conditions, by the Planning Director v of onroc County on August 4, 2000, recorded in ()R. Book 1554, pages 1591 -1595; ' td h that development order is Presen y valid and in full force and e#'fect ) t this . 3. Notwith.standin anything in any of the development a I , paragraph I or 2, above ( nd, specifcaily r ers r eferred to in Condition No. I in Conditional Use Development Order No. 5 -99 or any other provision of the Compr+hensive Plan or i Ordinances o1' Monroe COUnty no building permit shall be denied to ether Osborne or Conch Contrada, I —C., on the basis of Monroe County's regulations relati to non- residential rats; of groAfh or th adoption (or lack of adoption) of a non I sidentia rrf, including, t 1 permit allocation system or its equival Ing, but not limited to, the reg lations set forth in Monroe County Comprehensive PI 1 an Policies 101 - 8 -J through I01.3�5, and Monroe County Ordinance No. 032 -2001. `t• In accordance W th the development orders referred to , > paragraph.. 1, above, Monroe County agrees to process promptly upon submittal Osbor e' s application for building permit for construction of a 35,200 sq, 11: mini- storage warehouse in ROGO s Year 12 (July 14, 2003, through J"uIy 13, 2004). ) 2 S. In accordance with the developrnent order referred to ii, Paragraph 2 above Monroe COUntY agrees s , , Y gees to prc�ccss promptly upon.. SIILrn tW Coach Contrada's 'lppltC at1011 for .building permit for const rilction of one 7,500 square foot restatrrarst , to Year I tc an existing sewage treatment facility, and to locate a shared drivcway, in ROGO Year l (July 14,2002, through July 13, 2003) 6. 1 �- 7 xccpt as �xpressly provided herein, OS bome and Conch Contrad a, L,C., Monroe Counter and Paskalik, waive any claim that each asserted or was capable o i� f asserting in this cause and each shall Bear its own attorney's fees and costs Of this procecding. in pardcular, and without limitation., Osborne and Conch COntrada, L.C. on chaff of themselves, . their members, beneficiaries and any others claiming by or throug theln., waive all Claims for damages and co denial of mpensation for due process and i)lvcrsc condemnation {also referred to as regulatory or temporary (aking) arising roi g n the COUnty's actions and regulations prior to the date of this Settlement Agreernefrt. 7, The Plaintiffs Osborne and Conch Contrada, I.C. will prepare and submit to the Court a "Notice of Voluntary Dismissal With Prejudice" of their present claims s against the Defendants. g• All parties acknowledge that this agreement is entered into far the purpose Of" settling b pending litigation and does not constitute an admission or evidence that 1 ' an y actions of Monroe County or its employees that Plaintiffs cons 1 � n of were un,Iawful, unco»stitutional or deprived Plaintiffs or any others of any right o perty. Witness Print Name Of Witness) Charles " ortny" �cCoy, Mayor of Monroe County Dated o - 7 - / p� 3 i n e 8 (Print Na c of Wit Mules (Print Narn OT Witness') (Print Name of Witness) Appryoveda to Legal sufficiency By: & S. U jnje r, p S ial Co ullsel to polonrce County bSePh Paskalik, as Building Official F6r Manrop, Comit Dated A L , I c, ustee h OS Onch G ada, L.,Q. Dated 4 i 1N THE CIRCUIT COURT OF TIC SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNT', FLORIDA RICHARD M. OSBORNE, as Trust , a nd CONCH CO A, L.C., Florida Limiter Liability Cor PlaintifflPetitioners, Case No. CA -K-0I - 108 V. MONROE COLl7.+d'PY, a political subdivision of the State of Florida; and .JOSEPH PASS, in leis official capacity as Building Official, Defendant/Resporndonts Plaintiffs RICHARD M. OSBORNE, as 'Trustee ( „ Osborne "), and CONCH CONTRADA, L.C., a Florida Limuitodd Liability Company ( "Conch Co o,ntrada "), and Defendants, MONROE COUNTY, apolitical subdivision of the State of Florida ( " Monroe County and JOSEPH PASKALIK, in his official capacity as Building Official ( "Paskalik "), previously resolved their differences which gave rise to the above - styled action, wherein the parties agreed to settle the matter between them upon the tens and conditions recited in the Settlement Agreement cued July 17, 2442, h mftbr "Original Settlement Agreement," attached hereto as Exhibit "A" t. The major conditional use granted to Osborne to construct a 35,240 square foot mini- storage warehouse with 84 parking spaces plus 4 handicap spaces during RO O Year 12, through the Original Settlement Agreement, shall be amended to allow an alternate use con fisting of construction of 25,124 square feet credit union, banking or fhmneio institution of€'ice facility requiring 74 parking spas, plus 4 kLgrtdreap parking Vp zes during R000 Year 14. Exhibit "B ", w/o exhibits Z. Notwitiistancling an �. any of the developm ard�s ref���cd to in c Original S tlom' tnt A Mentt, or any other provision of the Com r hemivc plan or Ordr=oes o f Mane County, no building Permit shall be denied to Osb-Otne on the basis of Monroe Coumty's m g u lfttiOns relating tO non - residential rate of growth or the adoption (or lack of adoption) of h nonresidential p all tiOn System or its oquivalent, including, but not limited to, the regulations set forth in Monroe County Comprehensive plan policies 101.3.1 through 101.3.5, and Monroe CoumY Ordinance No, 032.2001, 3. In accordance with the development Orders rcferred to in paragraph 1 of the original Settlement Agreement Moruoe County agrees to process promptly upon submittal the application for building permit by Osborne or his assigns for construct£nn Ofmini.stor warehouse per the Original Settlement Agreement during ROGO Year 12 or the alternative 25,120 sq. ft. credit union, banking or fhnarmial institution office facility in ROGO Year 14 (July 14, 2005, through July 13, 2006). 4. Fxcept as expressly provided herein, Osborne and Monroe County and paskelik, waive any claim that each asserted or was capable of assorting in this cause and each shall bear its own attorney's fees and costs of this proceeding, In particular, and without limitation, Osborne, on behalf of itself, their heirs, successors, beneficiaries and any others claiming by or through them, waive all claims for damages and compensation for denial of due process and inverse condezbnation (also roferred to as regulatory or temporary taking) arising from the County's actions and regulations prior to the date of this Amended Settlement Agreement, Plaintiff Osborne , in cooperation with MOnrOe County, will prepare and submit to the Cow pleadings or notice rNuired to aft= the Amended Settlement Agreement, 6. All parties a.chowledge that the Original Settlement A)pwment was entmd into for the purpose of settling pending litigation and that this Amended Settlement Agreement does not constitute an admission or evidence that any actions of Monroe County or its employees tbat Plaintiff's Complain of were unlawful, unconstitutional or deprived Plaintiffs or any others of any rights or property. 7. All other tel ms of the Original Settlement A&=ment dated July 1'7, 2002, shall remain in #fall force and effect, 8. A County Code Enforcement lien currently encumbers the property. This lien will be addressed in a separate agreement between Osborne and the County, 9. This Amended Agreement shall not be valid and binding upon the parties until approved by the Court and incorporated into an Amended Final Judgment entered by the Court in these proceedings. 10. Until this Amended Settlement Agreement has been approved by the Court pursuant to p=8mph 9 above, the Original Settlement Agreement and Judgment previnuBly entered and unenodifiied shall remain in full force and effect. k \2\ST AYANIN V L. X.OI C\EBU±: E ¢- A■ty erk #U -/c • ' 2 . , 2 $ . ■! !�$ a » a . ■ >... / � »a «� °,.y< ©4 r$2�$,l IF�.$a G» ;.• 0 d ar �2 \ : +efyfw \ »�� RIC HARD. »z *!1+ <:z . z Trustee . ®. 1 :� �,J kZ; wt» ;m : z Printed Nwne : \ W IN TM C COURT OF 71-M SW EN TH RMICIAL CWTJJT.W AND p�op MoNp OEC 01TNTy,.RqR! I _DA and CONCH COIF T tRADA, L,C,, Modd& Urnited Liaba c =pmv,.,, V. MONROE COUNTY, a poUtical subdiviaioa oftbe state ofFloM and JOSEPH PAS ,K in his oAcw capathy as Buflaug Official, DeftdantlRe PWatiffi RICHARD M, 0SB0p1,M as Tnlstft (. Osbome"I and� CONCH CONTRADA. L.C., a Florida Limited Liability, Colrpar'Y ("C Contrad&,,), and COUNTY, R political subdivision of the Stale of M (-'M ( PASICALK irl his olfficW Ca P O4 'ty as :budding 02HCW ("Paskalik'), prerV, di� wbkh We rim to the above -sqqed action, W the parties matter between them upon the terms W4, conditions reeftod in the SeWM is July 17,2W2, hereinafter -O Agreement, attached Marsh 19, 2003, the Board of CM No, C� I - 108 C.arnmissionera of Monzoe County ants, MONROE 4 am JOSEPH 13 1Y resolved their xftd to "we the : Agreement dated as Exhibit "A". N droved the Amended Settlement Agrmnent, bereiufter ended SeWernent Agmwnt" aft q h"o as Exhibit The parties agree to amend 016 i (Amended) settlemew agreement as f o n ows: I The KM Federal Credit Uni0n, as successor in interest to sborne, has received thr(A the Amended tftlenmft A91'"neW Major Conditi: Dnal use App to Exhibit "C", w/o exhibits comgruct a 25,120 sWare foot credit union, banking or financial institution of1"iccc facility requh 74 ping 0p=5 plus 4 handicap parldnag spaces during ROGO year is 2. Notwithstandi =yUfWg in any of Ile devejopr t Ord= MF erred to in the Oi iginal or Amended Settlement Agreement, or any other provision of the Comprehensive Plant or Ordiances OfMoruoe County, no building pmnit ftH be denied to Osborne on the basis of Monroe County's regulations relating to non. rWdeWW rate Of growth or the adoption (or lack Of adoption) of nonresid tial permit allocation system or its equivalent, including, but not lirnited to, the regulations set forth in Monroe County Comprohmsive Plan Policies 101.3.1 through 10 L3.5, and Monroe County Ordinance No. 032 -2001. 3. In a.ccordarxe with the development orders refined to in paragraph 1 of the Original Settlement Agreement, Monroe County agroea to process promptly upon submittal the application for building permit by Osborne or his assigns for construction of mini - storage wamhouse per the Original Settlement Agreement during ROGO Year 12 ar the Wtefaative 25,120 sq. ft, credit union„ banking or ffnancial institution office facility in ROGO year IS (tuly 14, 2006, through July 13, 2007). 4. Except as expressly provided herein, Osborne and Monroe County and Pashlik, waive any claim that each asserted or was capable of asserting in this cause and each shall beau- its own attorney's fees and casts of this proceeding. In particular, and wfthout limitation, Osborne, on behalf of itself; their heirs, successo beneficiaries and any others claiming by or through them, waive aIl claims for damage& and compenGation for denial of due process and invent -, condenmtion NsD refezx d to as t•e xclatoxy or temporary taldng).arising from the County's aeiom and reOPfiom for to the date of this Amended Settlement AgreeramL S. PWntiff Osborne, ia cooperation with Monroe County, will prepare and subns t to the Court PleadinP or w6ce required to address the Amended , Satlemernt Agreement. 6. All parties ad mowledge dw the ()rigiW SeOement Agreement was entered into for the purpose of settling pending litigation and that this Amended Settlement Agreement does riot constitute an admission or evidence that arrgr actions of MQnwe County or its employees that Plaintiff's Complain of were uwwwp unconstitutional or deprived Plautti� or any others of any rights or Pry �. � r c i 7. All other terms of the final SeWenxnt Agreement dated July 17, 20� x� s� remain in full force and effect. rn ) 8. This Second Amended Agreement shall not be valid and binding upon 66 parties until approved by the Court and incorporated into an Amended Final Judgment entered by the Court its the proms. 9. Until this Second Amended Settlement Agreement has beers approved by the Court ^ Pursuant to Paragraph 8 above, the Or4 nal Setdemen Agreement and Judgment entered and unmodified shall remain in full force and effect. BOARD OF COUNTY OF MONRi OE CO B B Ijeputy Cl erk Chatlt, c{". V avnr MV rt mod... � � �°"! `."� �' '• °9 P'II ed N=e of Witness � Joseph Paskaa v , MONR.OE COUNTY, a political subdivision: of the State ofFlodk and JOSEPH PASKAUK, in his offlcial caPacky as Buiking Officig Defendant/Respondents NT AS Tn rnvpgj PhdnfffCONCH CONTRADA, L.C., a Florida Limited Liability Company ( "Conch Cofttrada "), and Defendants, MONROE COUNTY, $ political subdivision of the State of Florida ( "Monroe County"), and JOSEPH PASKALIK, in his o#flcial capacity as Building Official ( "Paskalik "), (cotlectively, the - ParOes "), Previously resolved their differ which gave rise to the above - styled action, wherein the parties agreed to settle the matter between them upon the terms and conditions recited in Paragraphs 2, 3, and S in the Settlement Agreement dated July I7, 2QQ2, hereinafter ^Original Settlement Ag ent," attached hereto as Exhibit "A ". The Settlement Agreement was previously amended to provide for a change in the conditional use and to extend the time period for bw1ding permh application and constzucoon of the approved conditional use. a cr a =e cn ..ir •a fonows: a. Paragraph 5 is amended to now read: Exhibit "D ", w/o exhibits Conch C outrada agrees to ,3tibmit an appliratiort f ®r Amended Cwnditio l lase Order thAt rOflwts the intended change in , should Conch Contmda decide to develop the subject prropesty Mth an alternative ue(s). Upon approval of the Amended Conditio l Use Order by the Planning Director, and in accordance with the development orden referred to in Paragraph 2 oftho Original Settlement Agreement, Monroe County agnes to process promptly upon submittal the application for building penrit by Conch Contmda or its assure fOr construotlon of one 7,500 square foot restaurant, or as an alternative, a 7,500 spm foot medium- intensity, mixed a retail and/or offlWprofessional use fhvility in AOW yev IS (July 14, 2006 - July 13, 2007). 2. The parties further agreed that no provision in this agre meat shall exempt Plaintiff Coach Contrada LC from any requirements imposed by statute and/or ordinance to connect to a central sewage system when one becomes "available" as that term is defined by statute and/or ordinance. 3. plaintiff Conch Contrada, in cooperation with Monroe County, will prepare and subnvt to the Court pleadings or notice required to addteas the Amended ±dement Agreement, Conch Contracia shall pay any costs incurred as a result of fling this Second Amended Settlemew Agreement and any 8930ciated pleadings or notices with the exception that each party shall bear its own attorney's fees. 4. All parties acknowledge that the original agreement was entered into for the ptngose of nettling pending litigation and that this Second Amended Settlement Agreement does not constitute an admission or evidence that any actions of Monroe Cou'lity or its employm that P la ti 's Cow ion of were kHawful, unoonstitutional or dopr PlaintiM or any others of any r�ghts or property. S. AU outer terms of the S flernent Agreemen dated July 17, 2002, wd ffie (first) Amended Settle it agmmem which was approved by the Board on or about May 21, 2003, and the Second Amended Settlement Agrmment which was approved by the Board on or about 3anuxy 19, 2005, especially as it pertains to Conch Contrada, L.C., shall remain in fbll force and eiffect. 6. This Amended Agreement all not be valid and binding upon the parties until 7. BOARD OF Co ON MSSIONERS Charl McCoy, of Monroe County MONR€)E COUNTY BLDG. OFFICIAL segh skali�k approved by the Court and incorporated into a Third Amended Final Judgment entered by the Court in these proceedings. Until this Third Amended Settlement Agreement has been appro pursuant to the preceding pa ragWh, the Original Settlernernt Agreeme� r.0 Judgment previously entered, and any subsqueizt approved axnew"�_c. ff"fications shalt remain in full farce and elect. --t r r�t v C3 Signature of Witam- Cindy Sam Printed Name of Virltnew CON4CI CONTRZAD��C b Trevo Lib y IN THE CIRCUIT COURT OF THE SIXTEENTH X CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA IUCHARD M. OSBORNE, as Trustee, and CONCH CONTRADA, L.C., a Florida Limited - Liability Company, V. Plaintiff/Petitioners, Case No. C� -K-01-108 MONROE COUNT', a political subdivision of the State of Florida; and JOSEPH PASKALIK, in his official capacity as Building Official, Defendant/Respondents FO TI-I AME ED E TLEME T A REEMENT A TO KEYS FEDERAL CREDIT UNION AS SUCCESSOR IN INTEREST y ' T R TC M. OSBORNE Plaintiff KEYS FEDERAL CREDIT UNION ( "Credit Union ".), as successor in interest to Richard M. Osborne, Trustee, and Defendants, MONROE COUNTY, a political subdivision of the State of Florida ( County "), and JOSEPH PASKALIK, in his official capacity as Building Official. ( "Paskalik" ), (collectively, the "Parties "), having previously amended a settlement agreement in the above - styled action, and agreed to Credit succeeding Osborne according to the rights and duties contained in: a. The Settlement Agreement dated July 17, 2002, hereinafter "Original Settlement Agreement," attached hereto as Exhibit "A" b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit "B" C. The Second Amended Settlement Agreement dated May 16, 2006 attached as Exhibit "C°' Exhibit "E ", w/o exhibits d. The Ihr rd Amended Setilelnent A97'eement ors to Conch Conzt°ada, L, C. dated May 16, 2006 attached as Exhibit " D" �. The parties hereby agree to amend the Second Amended SeNement Agreement as follows: a. Paragraph I is hereby amended to read: 1, The Keys Federal Credit Union, as successor in interest to Obsorne, has received through the Amended Settlement Agreement Major Conditional Use Approval to construct a 25,120 square foot credit union, banking or financial institution office facility requiring 74 parking spaces plus 4 handicap parking spaces during ROGQ Year 16 (ending July 13, 2008). b. Paragraph 3 is hereby amended to read: 3. In accordance with the development orders referred to in paragraph I of the Original Settlement Agreement, Monroe County agrees to process promptly upon submittal the application for building permit by Osborne or his assigns for construction of mini- storage warehouse per the Original Settlement Agreement during ROGO Year 12 or the alternative 25,120 sq. ft. credit union, banking or financial institution office facility in ROGO Year 16 (July 14, 2007 through July 13, 2008), 2 e. Paragraph 7 is hereby amended to read: 7, All other terms of the original Settlement Agreement dated July 17, 2002, and subsequent Amended Settlement Agreement, and Second Amended Settlement Agreement and Thad Amended Settlement Agreement as to Conch Contrada, L. C shalt remain in full force and effect. d. Paragraph 8 is hereby amended to read: 8. This Fourth Amended Settlement Agreement shall not be valid and binding upon the parties until approved by the Court and incorporated into an Amended Final Judgment entered by the Court in these proceedings. e. Paragraph 9 is hereby amended to read: 9. Until this Fourth Amended Settlement Agreement has been approved by the Court pursuant to Paragraph 8 above, the preceding paragraph, the Original Settlement Agreement and Judgment previously entered and unmodified, and any subsequent approved amendments or modifications shall remain in full force and effect. 3 DANM�, \✓ CLERK By eputy Clerk BOARD OF COUNTY COMXffSSIONERS OF MONROE COUNTY, FLORA " Y: IVTayor /Chairperson MONROE COUNTY ATTOR AVEtf AS TO PANNE COUNTY Signature of Witness Printed Name of Witness Date MONROE COUNTY BUIL OFFICIAL B Joseph Pas allk .z !i Signature of Witness V, S� "�.s Printed Name of Witness KEYS FEDERAL CREDIT UNION as Successor in Interest to RICHARD M. OSBORNE B reside CEO in 1N T CIRCUIT, C0TjRT OF TIC SIXTEENTH JlM!CIAL CMC UfT IN AND FOR MONROE COUI� FLORIDA RICHARD M. OSBORNE, as Trustee; and CONCH CONTRADA, L,C., a Florida Limited Liability Company, Plaintiff/Petitioners, u MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH PASKALH�, in , his official capacity as Building Official, Defendant/Respondents Case N o -K.0.l -108.. FIFTH AMENDED SETTLEMENT AGREEMENT AS TO CONCH CONTRAL� L, Plaintiff CONCH CONTRADA, L, C., a Florida Limited Liability Company ( "Conch Contrada"), and Defendants, MONROE COUNTY, a political subdivision of the State of Florida ( "Monroe County "), and JOSEPH PASKALIK, in his official capacity as Building Official ( "Paskalik "), (collectively, the "Pasties "), previously resolved their differences which gave rise to the above- styled action, Therein the Parties agreed to settle the matter between, them upon the terms and conditions recited in: a. The Settlement Agreement dated July 17, 2002, hereinafter "Original Settlement Agreement," attached hereto as Exhibit "A" b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit "B ", C. The Second Amended Settlement Agreement (Osborne) dated May 16, attached as Exhibit "C ", Exhibit "F ", w/o exhibits d• T11e _Ihird Aynended Scttlerrrerrt 417'eenwnt as to Conch Corat • r adca, L. C. dated Ma 16, 200 attached as Exl ibil , 1. The parties hereby agree to amend the Third Amended Settlement Agreement as follows: . a. Paragraph La. (Paragraph 5 of original Settlement Agreement) is hereby amended to read: 1. a, Conch Contrada agrees to submit an application for Amended Conditional Use Order that reflects the intended change in use, should Conch Contrada decide to develop the subject property with an alternative use(s). Upon approval of the Amended Conditional Use Order by the Planning Director, and in accordance with the developmerlt orders referred to in Paragraph 2 of the Original Settlement Agreement, Monroe County agrees to process promptly upon submittal the application for building permit by Conch Contrada or its assigns for construction of one 7,500 square foot restaurant, or as an alternative, a 7,500 square foot medium - intensity, mixed use, retail and/or office /professional use facility in ROGO Year 16 (July 1.4, 2007 - July 13, 2008). b. Paragraph; 3. is hereby amended to read. 3. Plaintiff Conch Contrada, in cooperation with Monroe County, will prepare and submit to the Court pleadings or notice required to address the Fifth Amended Settlement Agreement, Conch Contrada shall pay any costs incurred as a result of filing this F ffh Amended Settlement Agreement and any associated pleadings or notices with the exception that each party'shall bear its own attorney's fees. 2 C' Paragraph 4 is hereby amended to read: 4. All parties acknowledge that the original Settlement Agreement was entered into for the purpose of settling pending litigation and that this Fifth Amended Settlement Agreement does not constitute an admission or evidence that any actions of Monroe County or its employees that Plaintiff's complain of were unlawful, unconstitutional or deprived Plaintiffs or any bthers of any rights or property. d. Paragraph 5 is hereby amended to read: 5, All other terms of the original Settlement Agreement dated July 17, 2002 and the (first) Amended Settlement Agreement, the Second Amended Settlement Agreement and the Third Amended Settlement Agreement (Conch Contrada) shall remain in fiiil force and effect. e. Paragraph 6 is hereby amended to read: 6. This Fifth Amended Agreement shall not be valid and binding upon the parties until approved by the Court and incorporated into a Fifth Amended Final Judgment entered by the Court in these proceedings. f Paragraph 7, is hereby amended to read: 7. Until this Fifth Amended Settlement Agreement has been approved by the Court pursuant to the preceding paragraph, the original Settlement Agreement and Judgment previously entered, and any subsequent approved amendments or modifications shall remain in ftzll force and effect. 3 ATTEST: DAR'NY`, CLERK bF T B Deputy Clerk BOARD OF COUNTY COTv [SSIONERS OF MONROE COUNTY, `FLORIDA, Mayor /Chairperson MONROE COUNTY ATTO DROVED AS TV701 ,,-- JZANN.E A. HUTTON COUNT AT TO N = Date ..._.____._.�.�,�....,�, g tore of Witn WE Ns I N Pri d Name of Witness MONROE COUNTY BUILDING OFFICIAL By: Joseph Paskalik CONCH CONTRADA, L.C. By: _) Libby evor O Printed Name of Witness 1-T TIT 0RCUIT COURT 0 THTE SIXTEI~;INI T H .s JDTCIAL CIRCIT 1 1N AND FOR MOIN KOE COUNTY, I <LO1UDA RICHARD M. OSBORNE, as Trustee; and CONCH CONTRADA, L.C., a Florida. Limited Liability Company, Plaintiff/Petitioners, Case No. CA -K-01 -108 v MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH PASKALD', in his official capacity as Building Official, Defendant/Respondents TO RICHARD M. OS13ORNE Plaintiff KEYS FEDERAL CREDIT UNION ( "Credit Union "), as successor in interest to Richard M, Osborne, Trustee, and, and Defendants, MONROE COUNTY, a political subdivision of the State of Florida ( "Monroe County "), and JOSEPH PASKALIK, in his official capacity as Building Official ( "Paskalik "), (collectively, the "Parties "), having previously amended a settlement agreement in the above - styled action, and agreed to Credit Union. succeeding Osborne according to the rights and duties contained in: a. The Settlement Agreement dated July 17, 2002, hereafter "Original Settlement Agreement," attached hereto as Exhibit "A ". b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit "B" c. The Second Amended Settlement Agreement dated May 16, 2006 attached as Exhibit II C" Exhibit "G ", w/o exhibits d. i'lre rl'hird 1mendt cl Settlement Agreemurft as to oncl Cola: a.da, f .C. dated i���z;r 16, 2006 attached as EDl -bit "D" e. The Fourth Airiended Settlement Agreement as to Keys Federal Credit Union dated February 21, 2007, as Successor in interest to Richard M. Osborne attached as Exhibit "E" f. The Fifth Amended Settlement Agreement as to Conch Contrada, L.C. dated February 21, 2007, attached hereto as Exhibit "F" 1. The parties hereby agree to amend the Fourth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne as follows: a. Paragraph 1 is hereby amended to read: 1, The Keys Federal Credit Unon, as successor in interest to Osborne, has received through the Fourth Amended Settlement Agreement Major Conditional Use Approval to construct a 25,120 square foot credit union, banking or financial institution office facility requiring 74 parking spaces plus 4 handicap parking spaces during ROGO Year 17 (ending July 13, 2009). b. Paragraph 3 is hereby amended to read: 3. In accordance with the development orders referred to in paragraph 1 of the Original Settlement Agreement, Monroe County agrees to process promptly upon submittal the application for building permit by Osborne or his assigns for construction of mini -- storage warehouse per the Original Settlement Agreement during ROGO Year 12 or the alternative 25,120 sq. ft. credit union, banking or financial institution office facility in ROGO Year 17 (July 14, 2008 through July 13, 2009). C. Paragraph 7 is hereby amended to � ead: I. A l; otiIer terns of the original Settlement Agreement dated July 17, 2002, and subsequent Amended Settlement Agreement, and Second Amended Settlement Agreement, Third Amended Settlement Agreement as to Conch Contrada, LC., Fourth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne, and Fifth Amended Settlement Agreement as to Conch Contrada, L.C., shall remain in full force and effect. d. Paragraph 8 is hereby amended to read: 8. This Sixth Amended Settlement Agreement shall not be valid and binding upon the parties until approved by the Court and incorporated into an Amended Final Judgment entered by the Court in these proceedings. e. Paragraph 9 is hereby amended to read: 9. Until this Sixth Amended Settlement Agreement has been approved by the Court pursuant to Paragraph 8 above, the preceding paragraph, the Original Settlement Agreement and Judgment previously entered and :. unmodified, and any subsequent approved amendments or modification ' N , shall remain in full force and effect. e 5 By Deputy �Clerk��� BOARD OF COUNTY COMMISSIO RS OF MONROE COUNTY Z B Mario Di Gennaro, Mayor VIONROE COIIVTY I UD -DINMG OFFICI4L B eph Paskalik KEYS FEDERAL CREDIT I72VI0N as Successor in Interest. to RICHARD M. OSBORNE ignature of Vitness 5�: 6vS "'s j Printed Name of Witness Signa UrV of Wit=ness '9o&a0q wad Printed t4ame of Witness By. President /CEO 0 - - '.a • ,l .Wlvv'� y1 [.f --- ROBERT B. SHILLI R, JR. CHIEF ASSISTA�Z C�NTY ATTORNEY Date: �.., }- 114 THE CIRCUIT COURT OF THE SIX 7EE NTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA IUCHARD M. OSBORNE, as Trustee, And CONCH CONTRADA, L.C., a Florida Limited Liability Company, Plaintiff /Petitioners Case No.: CA-K-01-108 V . MONROE COUNTY, a political subdivision of the State of Florida and JOSEPH PASKA1LIK, in his official capacity as Building Official, Defendant/ Respondents SEVENTH AMENDED SETTLEMENT AGREEMENT AS TO CONCH CONTRADA L.C.. a FLORIDA LIMITED LIABILITY COMPANY Plaintiff, CONCH CONTRADA, L. C., A Florida Limited Liability Company ( "Conch Conti ada" ), and Defendants, MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County "), and JOSEPH PASKALM, in his official capacity as Building Official ( "Paskalhe ), (collectively, the "Parties "), previously resolved their differences which gave rise to the above- styled action, wherein the parties agreed to settle the matter between them upon the terms and conditions recited in: a. The Settlement Agreement dated July 17, 2002, hereinafter "original Settlement Agreement," attached hereto as Exhibit "A ". b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit "B" Exhibit "H ", w/o exhibits c. The Second Amended Settlement Agreement (Osborne) dated May 16, 2006 attached as Exhibit "C" d. The Third Amended Settlement Agreement as to Conch Contrada, L.C. dated May 16, 2006 attached as Exhibit "D ". e, The Fourth Amended Settlement Agreement as to Keys Federal Credit Union dated February 21, 2007, as Successor in Interest to Richard M. Osborne attached as Exhibit "E" f. The Fifth Amended Settlement Agreement as to Conch Contrada, L.C. dated February 21, 2007 attached hereto as Exhibit "F" ' g. The Sixth Amended Settlement Agreement as to Keys Federal Credit Union dated August 11, 2008, as Successor in Interest to Richard M. Osborne attached as Exhibit 1, The parties agree to amend the Fifth Amended Settlement Agreement as to Conch Contrada, L.C. as follows: a. Paragraph La. (Paragraph 5 of the original Settlement Agreement) is hereby amended to read: La. Conch Contrada agrees to submit an application for Amended Conditional Use Order that reflects the intended change in use, should Conch Contrada decide to develop the subject property with an alternative use(s). Upon approval of the Amended Conditional Use Order by the Planning Director, and in accordance with the development orders referred to in Paragraph 2 of the Original Settlement Agreement, Monroe County agrees to process promptly upon submittal the application for building permit by Conch Contrada or its assigns for construction of one 7,500 square foot restaurant, or as an alternative, a 7,500 square fool. medium - intensity, mixed use, retail and/or office /professional use facility by December 1, 2009. b. Paragraph 3 is hereby amended to read: 3. Plaintiff Conch Contrada, in cooperation. with Monroe County, will prepare and submit to the Court pleadings or notice required to address the Seventh Amended Settlement Agreement. Conch Contrada shall pay any costs incurred as a of filing the Seventh Amended Settlement Agreement and any associated pleadings or notices with the exception that each party shall bear its own attorney's fees. C. Paragraph, 5 is hereby amended to read: 5. All other terms of the original Settlement Agreement dated July 17, 2002 and the (first) Amended Settlement Agreement, the Second Amended Settlement Agreement, the Third Amended Settlement Agreement (Conch Contrada), and the Fifth Amended Settlement Agreement shall remain in full force and effect. d. Paragraph 6 is hereby amended to read: 6_ This Seventh Amended Agreement shall not be valid and binding upon the parties until approved by the Court and incotporated into a Seventh Amended Final Judgment entered by the Court in these proceedings. e. Paragraph 7 is hereby amended to read: J Witness Printed Name J � By: Douglas Trevor, Manager �. Until this Seventh Amended Settlement Agreement has been approved by the Court pursuant to the preceding paragraph, the original Settlement Agreement and Judgment previously entered, and any subsequent approved amendments or modifications shall remain in full force and effect. ATTEST.. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: c.Z e Mayor /ChWrperson With s Prints,d Name --�— MONROE COUNTY BUILDING OFFICIAL BY: r AJOS MONROE COUNTY ATTORNEY APPRO D AS TO FORM: �SU�NM. 4�M E Y ASST TANT COUNTY ATTORNEY Da TB a m- W. Printed Name C NCH CONTRADA, L.C. lorida limited liability Company IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA RICHARD M. OSBORNE, as Trustee; and CONCH CONTRADA, L.C., a Florida Limited Liability Company, Plaintiff/Petitioners, Case No. CA -K -01 -108 V. MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH PASKALIK, in his official capacity as Building Official, Defendant/Respondents EIGHTH AMENDED SETTLEMENT AGREEMENT AS TO KEYS FEDERAL CREDIT UNION, AS SUCCESSOR IN INTEREST TO RICHARD M. OSBORNE Plaintiff KEYS FEDERAL CREDIT UNION ( "Credit Union "), as successor in interest to Richard M. Osborne, Trustee, and, and Defendants, MONROE COUNTY, a political subdivision of the State of Florida ( "Monroe County "), and JOSEPH PASKALIK, in his official capacity as Building Official ( "Paskalik "), (collectively, the "Parties "), having previously amended a settlement agreement in the above - styled action, and agreed to Credit succeeding Osborne according to the rights and duties contained in: a. The Settlement Agreement dated July 17, 2002, hereafter "Original Settlement Agreement," attached hereto as Exhibit "A ". b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit "B ". c. The Second Amended Settlement Agreement dated May 16, 2006, attached hereto as Exhibit "C ". Exhibit "I ", w/o exhibits d. The Third Amended Settlement Agreement as to Conch Contrada, L.C. dated May 16, 2006, attached hereto as Exhibit "D ". e. The Fourth Amended Settlement Agreement as to Keys Federal Credit Union dated February 21, 2007, as Successor in Interest to Richard M. Osborne, attached hereto as Exhibit „ f The Fifth Amended Settlement Agreement as to Conch Contrada, L.C. dated February 21, 2007, attached hereto as Exhibit "F ". g. The Sixth Amended Settlement Agreement as to Keys Federal Credit Union, as Successor in Interest to Richard M. Osborne, attached hereto as Exhibit "G ". h. The Seventh Amended Settlement Agreement as to Conch Contrada, L.C., attached hereto as Exhibit "H ". 1. The parties hereby agree to amend the Sixth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne as follows: a. Paragraph 1 is hereby amended to read: 1. The Keys Federal Credit Union, as successor in interest to Osborne, has received through the Sixth Amended Settlement Agreement Major Conditional Use Approval to construct a 25,120 square foot credit union, banking or financial institution office facility requiring 74 parking spaces plus 4 handicap parking spaces during ROGO Year 18 (ending July 13, 2010). b. Paragraph 3 is hereby amended to read: 3. In accordance with the development orders referred to in paragraph 1 of the Original Settlement Agreement, Monroe County agrees to process promptly upon submittal the application for building permit by Osborne or his assigns for construction of mini - storage warehouse per the Original Settlement Agreement during ROGO Year 13 or the alternative 25,120 sq. ft. credit union, banking or financial institution office facility in ROGO Year 18 (July 14, 2009 through July 13, 2010). c. Paragraph 7 is hereby amended to read: 7. All other terms of the original Settlement Agreement dated July 17, 2002, and subsequent Amended Settlement Agreement, and Second Amended Settlement Agreement, Third Amended Settlement Agreement as to Conch Contrada, LC., Fourth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M, Osborne, Fifth Amended Settlement Agreement as to Conch Contrada, L.C., Sixth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne, and Seventh Amended Settlement Agreement as to Conch Contrada, L.C. shall remain in full force and effect. d. Paragraph 8 is hereby amended to read: 8. This Eighth Amended Settlement Agreement shall not be valid and binding upon the parties until approved by the Court and incorporated into an Amended Final Judgment entered by the Court in these proceedings. Paragraph 9 is hereby amended to read: 9. Until this Eighth Amended Settlement Agreement has been approved by the Court pursuant to Paragraph 8 above, the preceding paragraph, the Original Settlement Agreement and Judgment previously and unmodified, and any subsequent approved amendments or shall remain in full force and effect. CLERK: By: S:i Deputy Cler Signature of Wi � ess Cindy SawyeF Printed Name of Witness Signaturof Wi Printed Name of Witness BOARD OF COUNTY COMMISSIONERS OF MO COUNTY B George Neugent, Mayor MONROE COUNTY BUILDING OFFICIAL B eaa" � JeWeph Paskalik KEYS FEDERAL CREDIT UNION as Successor in Interest to RICHARD M. OSBORNE By. , � , ��- Z abert Watson, President/CEO ROBERT S. HILL INGER, JR. CHIEF A T�,NT CPINTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/15/2010 - MAR Bulk Item: Yes _ No X Division: County Attorne Staff Contact Person: Bob Shillinger 292 -3470 AGENDA ITEM WORDING: Approval to schedule an Attorney -Client Closed Session of the Board of County Commissioners in the matter of nomas Collins et al. v. Monroe County, CA M 04 -379 at their regularly scheduled meeting to be held on October 20, 2010 in Key West. ITEM BACKGROUND: Per F.S. 286.011(8), the subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. Present at the meeting will be the Commissioners, County Administrator Roman Gastesi, County Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Assistant County Attorney Susan Grimsley, Assistant County Attorney Derek Howard, and the County's special litigation counsel Stephen Moore, Esq. and a certified court reporter. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT /AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval. TOTAL COST: $250 INDIRECT COST: BUDGETED: Yes xx No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $250 for Court Reporter SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included DISPOSITION: Not Required x AGENDA ITEM # Revised 2105 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/15/10 - MAR Bulk Item: Yes No ax Division: County Attorney Staff Contact Person: Bob Shilhnger, 292 -3470 AGENDA ITEM WORDING: Approval to schedule an Attorney - Client Closed Session of the Board of County Commissioners in the matter of Galleon Bay vs. Monroe County v. State of Florida, CAK -02 -595, at their regularly scheduled meeting to be held on October 20, 2010 in Key West. ITEM BACKGROUND: This matter involves a takings claim filed against the County in 2002 by Galleon Bay Corporation. The County also sued the State as a Third Party Defendant to the action. Per F. S. 286.011(8), the subject of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. Present at the meeting will be the Commissioners, the County Administrator, the County Attorney, Chief Assistant County Attorney Bob Shillinger, Assistant County Attorneys Susan Grimsley and Derek Howard and a certified court reporter. PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval. TOTAL COST: $250 INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $250 for Court Reporter. SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included DISPOSITION: Revised 2105 Not Required X AGENDA ITEM #