Item H7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 10, 2015 Division: Growth Management
Bulk Item: Yes X No_ Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2517
AGENDA ITEM WORDING: Approval of a Resolution amending Resolution 403-2013 reserving I additional
affordable ROGO allocation (1 moderate affordable unit) for Stock Island Holdings, LLC, for property at 5350 3`d
Avenue, Stock Island, Florida; for a total of 47 allocations in accordance with the development agreement between
Oceanside Investors, LLC, Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landings, LLC,
stock island holding, LLC, and Singh Investors, LLC.
This is a companion item to Development Agreement Second Amendment which is the subject of a public hearing
at this meeting.
ITEM BACKGROUND:
On December 11, 2013, the Board of County Commissioners (BOCC) approved Development Agreement Summerland
Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC, and Oceanside
Investors, LLC pursuant to MCC § 130-161.1 which would enable the property owner to transfer 46 market -rate Rate of
Growth Ordinance (ROGO) exemptions associated with existing mobile homes to the receiver site in exchange for
maintaining an equal number of deed -restricted affordable housing units.
Also, on this date the BOCC approved Resolution 403-2013 reserving 46 allocations for a period of five years from the
effective date of the Development Agreement approved by the BOCC December 11, 2013. The reserved allocations, as
approved by the BOCC, are apportioned approximately as 25% low income, 25% median income, and 50% moderate
income as follows:
Low
Median
Moderate
Stock Island Suncrest Property
3
-
4
Summerland Palms Property
7
10
5
CudJoe Coco Palms Property
1
2
14
TOTAL
11
12
23
% of total
24°Io
26%
50%
Request. 1 additional moderate affordable ROGO allocation for Stock Island Holdings
Stock Island Holdings Property
-
-
I 1
% of total
23 %
25%
1 51 %
Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC, Stock
Island Holdings, LLC and Oceanside Investors, LLC are proposing a development agreement amendment pursuant to
MCC §130-161.1 which would enable the property owner to increase the transfer of 46 market -rate exemptions to 47
market -rate Rate of Growth Ordinance (ROGO) exemptions associated with existing mobile homes to the receiver site in
exchange for maintaining an equal number of deed -restricted affordable housing units.
On February 24, 2015, the development agreement was reviewed by the Development Review Committee. Staff and the
DRC recommended approval. On April 28, 2015, the Planning Commission held a public hearing and recommended
approval to the second amendment to the development agreement but did not provide a specific recommendation on the
affordable income category (median vs. moderate) for the one (1) additional affordable deed -restricted unit. Therefore, a
reservation for one unit for Stock Island Holdings, LLC, for property at 5350 3" Avenue, Stock Island, Florida is needed
to match the proposed development agreement amendment companion item.
PREVIOUS RELEVANT BOCC ACTION:
December 11, 2013, BOCC approved Development Agreement.
December 11, 2013, BOCC Resolution 403-2013 for the reservation of 46 Affordable Housing Allocations for
Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC, for
properties at 24930 Overseas Highway, Summerland Key, Florida; 21585 Old State Road 4A, Cudjoe Key, Florida, and
5176 Suncrest Road, Stock Island, Florida.
December 10, 2014, BOCC approved First Amendment to Development Agreement.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
APROVED BY: County Atty Z
V`
DOCUMENTATION: Included X
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management
Not Required_
DISPOSITION: AGENDA ITEM #
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F
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. - 2015
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING RESOLUTION
403-2013 TO RESERVE ONE (1) ADDITONAL
AFFORDABLE HOUSING DWELLING UNIT
ALLOCATION FOR STOCK ISLAND HOLDINGS, LLC
FOR USE ON MOBILE HOME PARK LOCATED ON
PROPERTY AT 5350 3RD AVENUE, STOCK ISLAND,
FLORIDA; FOR A TOTAL OF 47 ALLOCATIONS IN
ACCRODANCE WITH THE DEVELOPMENT
AGREEMENT BETWEEN OCEANSIDE INVESTORS, LLC
SUMMERLAND PALMS INVESTORS, LLC, COCO PALMS
DEVELOPERS, LLC, SUNCREST LANDINGS, LLC,
STOCK ISLAND HOLDING, LLC AND SINGH
INVESTORS, LLC; SETTING TERMS AND CONDITIONS.
WHEREAS, Oceanside Investors, LLC ("Oceanside Investors"), Summerland
Palms Investors, LLC ("Summerland Palms Investors"), Coco Palms Developers, LLC
("Coco Palms"), Suncrest Landings, LLC ("Suncrest Landings") and Singh Investors,
LLC ("Singh Investors")(Collectively, "Applicants") entered into a Development
Agreement (Agreement) with Monroe County (County) which was recorded in the
Monroe County Public Records on December 19, 2013; and
WHEREAS, the Agreement allowed the property owner, Oceanside Investors, to
request 46 affordable Rate of Growth Ordinance (ROGO) allocations within five (5)
years of the Agreement's effective date; and
WHEREAS, Oceanside Investors and the County are utilizing the provisions of
Monroe County Code Sec. 130-161.1, which allows the transfer of market rate units from
mobile home parks after establishment of deed -restricted affordable housing units on the
mobile home park property using affordable housing ROGO allocations from the County;
and
WHEREAS, the first mobile home park site, located at 24930 Overseas Highway,
Summerland Key ("Summerland Palms Property"), at Mile Marker 25, is legally
described as Lot 55 and a portion of Lot 54, Summerland Yacht Harbor (Plat Book 2,
1
I Page 142), having real estate #00194741.000100, #00194741.000200,
2 #00194741.000300, #00194741.000400, #00194741.000500, #00194741.000600,
3 #00194741.000700, #00194741.000800, #00194741.000900, #00194741.001000,
4 #00194741.001100, #00194741.001200, #00194741.001300, #00194741.001400,
5
6 #00194741.001500, #00194741.001600, #00194741.001700, #00194741.001800,
7 #00194741.001900, #00194741.002000, #00194741.002100 and #00194741.002200; and
8
9 WHEREAS, the second mobile home park site, located at 21585 Old State Road
10 4A, Cudjoe Key ("Cudjoe Coco Palms Property"), at Mile Marker 21, is legally described
i 1 as Lot 30, Sacarma (Plat Book 2, Page 48), having real estate #00174960.000000; and
12
13 WHEREAS, the third mobile home park site, located at 5176 Suncrest Road,
14 Stock Island ("Stock Island Suncrest Property"), at Mile Marker 5, is legally described as
15 Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate #00132680.000000;
16 and
17
18 WHEREAS, the Planning Commission requested a revision to the development
19 agreement to modify affordable housing income types of the 46 affordable housing units
20 from 100 percent moderate -income to an approximate combination of 50 percent
21 moderate -income, 25 percent median -income and 25 percent low-income; and
22
23 WHEREAS, the Board of County Commissioner's approved Resolution 403-
24 2013 reserving 46 allocations for a period of five years from the effective date of the
25 Development Agreement approved by the BOCC December 11, 2013. The reserved
26 allocations apportioned approximately 25% low income, 25% median income, and 50%
27 moderate income as follows:
28
29 a. The Stock Island Suncrest Property allocated three (3) low income and four (4)
30 moderate income affordable ROGO allocations.
31 b. The Summerland Palms Property allocated seven (7) low income, ten (10) median
32 income and five (5) moderate affordable ROGO allocations.
33 c. The Cudjoe Coco Palms Property allocated one (1) low income, two (2) median
34 income and fourteen (14) moderate income ROGO allocations.
35
36 WHEREAS, Oceanside Investors, LLC ("Oceanside Investors"), Summerland
37 Palms Investors, LLC ("Summerland Palms Investors"), Coco Palms Developers, LLC
38 ("Coco Palms"), Suncrest Landings, LLC ("Suncrest Landings"), Stock Island Holdings,
39 LLC ("Stock Island Holdings") and Singh Investors, LLC ("Singh
40 Investors")(Collective ly, "Applicants") are requesting a Second Amendment to the
41 Development Agreement (Agreement) with Monroe County (County) concurrently with
42 this Resolution to establish 47 units of Deed -Restricted Affordable Housing at existing
43 mobile home parks; and
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45 WHEREAS, the proposed Second Amendment will increase total units from 46
46 to 47; and
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WHEREAS, the new mobile home park site included in the proposed Second
Amendment Development Agreement is located at 5350 P Avenue, Stock Island ("Stock
Island Holdings"), at Mile Marker 5, is legally described as Lots 19, 20, 21, 22, and 23
Block 53, Maloney Subdivision (Plat Book 1, Page 55), having real estate # 00126770-
000000; and
WHEREAS, the proposed Second Amendment is proposing the one additional
unit to come from the moderate income Affordable Housing category; and
WHEREAS, the Planning Commission requested a revision to the development
agreement to modify affordable housing income type; and
WHEREAS, Monroe County Code Sec. 138-24(b) states: "Notwithstanding the
provisions of Monroe County Code Sec. 138-26 for awarding of affordable ROGO
allocations, the Board of County Commissioners may reserve by resolution some or all of
the available affordable ROGO allocations for award to certain sponsoring agencies or
specific housing programs consistent with all other requirements of Monroe County Code
Chapter 138. Building permits for these reserved allocations shall be picked up within
six months of the effective reservation date, unless otherwise authorized by the Board of
County Commissioners in its resolution. The Board of County Commissioners may, at its
discretion, place conditions on any reservation as it deems appropriate. These
reservations may be authorized by the Board of County Commissioners for:
(1) The county housing authority, nonprofit community development
organizations, pursuant to Monroe County Code Sec. 130-161(e), and other
public entities established to provide affordable housing by entering into a
memorandum of understanding with one or more of these agencies;
(2) Specific affordable or employee housing projects participating in a
federal/state housing financial assistance or tax credit program or receiving
some form of direct financial assistance from the county upon written request
from the project sponsor and approved by resolution of the Board of County
Commissioners;
(3) Specific affordable or employee housing projects sponsored by
nongovernmental not -for -profit organizations above upon written request
from the project sponsor and approved by resolution of the Board of County
Commissioners;
(4) Specific affordable or employee housing programs sponsored by the County
pursuant to procedures and guidelines as may be established from time to time
by the board of county commissioners;
(5) Specific affordable or employee housing projects by any entity, organization,
or person, contingent upon transfer of ownership of the underlying land for
the affordable housing project to the County, a not -for -profit community
development organization, or any other entity approved by the Board of
County Commissioners, upon written request from the project sponsor and
approved by resolution of the Board of County Commissioners; or
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(6) Rental employee housing projects situated on the same parcel of land as the
nonresidential workplace for the tenants of these projects, upon written
request from the property owner and approved by resolution of the Board of
County Commissioners"; and
WHEREAS, Oceanside Investors qualifies for this reservation pursuant to
Monroe County Code Sec. 138-24(b)(4); and
WHEREAS, the reservation of affordable housing allocation for the anticipated
Oceanside Project does not exempt the Oceanside Project from applicable requirements
in the Monroe County Code, Florida Building Code and other regulatory requirements;
and
WHEREAS, the reservation of the one additional affordable housing allocation
for a period for greater than six months is necessary to provide consistency with the
Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. A total of 47 affordable housing ROGO allocation are reserved for the use of
Oceanside Investors for a period of five years from the effective date of the companion
Development Agreement between the parties listed above, approved by Monroe County
on December 11, 2013.
Section 2. The allocations will be apportioned approximately 25% low income, 25%
median income, and 50% moderate income.
Section 3. The reservation of twenty-four (24) moderate income affordable ROGO
allocations, twelve (12) median income affordable ROGO allocations, and eleven (11)
low income affordable ROGO allocations for award to the above mentioned mobile home
parks shall expire five (5) years from the effective date of the companion Development
Agreement between the parties listed above approved by Monroe County on December
11, 2013.
a. The Stock Island Suncrest Property shall be allocated three (3) low income
and four (4) moderate income affordable ROGO allocations.
b. The SummerIand Palms Property shall be allocated seven (7) low income,
ten (10) median income and five (5) moderate affordable ROGO
allocations.
c. The Cudjoe Coco Palms Property shall be allocated one (1) low income,
two (2) median income and fourteen (14) moderate income ROGO
allocations.
d. The Stock Island Holdings Property shall be allocated one (1) moderate
income affordable ROGO allocation..
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Section 4. The reservation of 1 moderate income affordable ROGO allocation for Stock
Island Holdings property shall be allocated 1 moderate income affordable housing to the
above mentioned mobile home parks shall expire five (5) years from the effective date of
the companion Development Agreement between the parties listed above approved by
Monroe County on December 11, 2013.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on thelOth day of June, 2015.
Mayor Danny Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
:J
{SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
Mayor Danny Kolhage
5
MONROE COUNTY ATTORNEY
APPROVED AS.1 ,0 FORK
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date T,'I JI
Barton W. Smith, Esq.
Tel: 305-296-7227
Fax:305-296-8448
bartjcd1smithoropeza.com
April 14, 2015
Ms. Christine Hurley
Monroe County Growth Management Department
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Re: Affordable Housing Allocation Reservation for 5350 3rd Ave, Stock Island,
Florida 33040
Dear Ms. Hurley,
Please consider this letter a request for a moderate income affordable ROGO allocation for the
sender site located at 5350 3rd Ave, Stock Island, Florida 33040 as assessed by the Monroe County
Property Appraiser with real estate number 00126770-000000, in accordance with that certain
Second Amendment to Development Agreement between Monroe County, Florida and
Summerland Palms Investors, LLC, a Florida limited liability company, Coco Palms Developers,
LLC, a Florida limited liability company, Suncrest Investors, LLC, a Florida limited liability
company, Stock Island Holdings LLC, a Florida limited liability company and Oceanside
Investors, LLC, a Florida limited liability company. We are requesting one additional moderate
income affordable ROGO allocation to be added to ROGO reservation Reso. 403-2013.
If you, or staff, should have any questions please do not hesitate to contact me.
Sincerely,
B on W. Smith, Esq.
cc: Mayte Santatmaria (via email)
Tiffany Stankiewicz (via email)
16aooi - vt
138-14.2 Simonton Street • Key West, Florida 33040 • Phone: (305) 296-7227 • Fax: (305) 296-8448
Z� xx 3 nur
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INIONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COIN-IMISSIONERS
9 RESOLUTION NO. 403 - 2013
10
11 A RESOLUTION BY THE NIONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS RESERVING FORTY-SIX (46)
13 AFFORDABLE HOUSING DWELLING UNIT
14 ALLOCATIONS FOR OCEANSIDE INVESTORS, LLC;
15 PROVIDING FOR USE ON MOBILE HOME PARKS
16 LOCATED ON PROPERTIES AT 24930 OVERSEAS
17 HIGHWAY, SUMMERLAND .KEY, FLORIDA, 21585 OLD
18 STATE-- ROAD 4A, CUDJOE KEY, FLORIDA AND 5176
19 SUNCREST ROAD, STOCK ISLAND, FLORIDA;SETTING
20 'PERMS AND CONDITIONS.
21
2�
4 fw
23 WHEREAS, Oceanside Investors, LLC ("Oceanside Investors"), Surnmerland Palms
24 Investors, LLC ("Summerland .Palms Investors"), Coco Palms Developers, LLC ("Coco
25 Palms"), Suncrest Landings, LLC ("Suncrest Landings") and Sine Investors, LLC
26 ("Singh Investors")(Collectively, "Applicants") are entering into a Development
27 Agreement (..Agreement) with Monroe County (County) concurrently with this .Resolution
28 to establish. 46 units of Deed -Restricted Affordable Housing at existing mobile home
29 parks-, and
30
31 WHEREAS, the Agreement allows the property owner, Oceanside Investors, to request
32 46 affordable Rate of Growth Ordinance (ROGO) allocations within live (5) years of the
33 Agreement's effective date; and
34
35 WHEREAS, Oceanside Investors and the County are utilizing the provisions of Monroe
36 County Code Sec. 130-161.1, which allows the transfer of market rate units from inobile
37 borne parrs after establishment of deed -restricted affordable housing units on the mobile
38 home park property using affordable pausing ROGO allocations from the County; and
39
40 WHEREAS, the first mobile home park site, located at 24930 Overseas Highway,
41 Suminerland Key ("Surrunerland Palms Property") at Mile Marker 25, is legally
42 described as Lot 55 and a portion of Lot 54, Summerland "yacht Harbor (Plat Book 2,
43 Page 142), having real estate 400194741.000100, 400194741.000200.
44 #001.94741.000300, #00194741.000400, -400194741-000500, #00194741.000600
45 90,0194741-000700, 900194741..000800, 90019474 L00()900, #00194741 m 100o"
46 #400194741.001100, #00194741,001200, 400194741..001300, 400194741.001400,
2 #00194741.001.500, ##00194741.001600. ##00194741.00.1.700, 100194741,001800,
3 900194741,001900, ##00194741.002000, #00194741,002100 and #00194741..002200: and
4
5 WHEREAS, the second immobile home park site, located at 21585 Old State Road 4A,
6 Cudjoe Key ("Cudjoe Coco Palmns Property") at Mile Marker 21, is legally described as
7 Lot 30, Sacarma (Plat Book 2, Page 48), having real estate #00174960.000000; and
8
9 WHEREAS, time third mobile home parts site, located at 5176 Suncrest Road, Stock
10 Island ("Stock Island Sunerest Property'), at Mile Marker 5, is legally described as Lets
1.1 27 and 28, Sun Krest (Plat Book 1. Page 107), having real estate #00132680.000000- and
12
13 WHEREAS, the Planning Commission requested a revision to the development
14 agreement to rrmodity affordable housing income types of time 46 affordable housing units
15 from 100 percent moderate -income to an. approximate combination of 50 percent
16 mnoderate-inc orne, 2.5 percent mmaedi arm-incomne and 25 percent low-income; and
17
19 WHEREAS, Monroe County Cade Sec. 138-24(b) states: "Notwithstanding the
19 provisions of Monroe County Cade Sec. 138-26 for awarding of affordable ROGO
20 allocations, time Board of County Commissioners may reserve by resolution same or all of
21 the available affordable RCGO allocations for award to certain sponsoring agencies or
22 specific housing programns consistent with all anther requirements of Monroe County Code
2j Chapter 138. Building permits for these reserved allocations shall be picked up within
24 six months of the effective reservation date, unless otherwise authorized by the Board of
25 County Commissioners in its resolution. The Board of County Commissioners may, at its
26 discretion, place conditions can array reservation as it deems appropriate. These
27 reservations may be authorized by the Board of County Commissioners for:
28
29 (1) The county Dousing authority, nonprofit community development
30 organizations, pursuant to Monroe County Cade Sea. 130-161(e), and rather
3I public entities established to provide affordable housing by entering into a
32 memorandum of understanding with one or more of these agencies;
33 (2) Specific affordable or onployee housing; projects participating in a
34 federal/state housing financial assistance or tax credit program or receiving
35 some form of direct financial assistance from the county upon written request
36 from the project sponsor and approved by resolution of time Board of County
37 Commissioners;
38 (3) Specific affordable or employee Dousing projects sponsored by
39 nongovernmental neat -for -profit organizations above upon written request
40 from the project sponsor and approved by resolution of the Board of County
41 Commissioners;
42 (4) Specific affordable or employee housing prog-ramns sponsored by the County
43 pursuant to procedures and guidelines as may be established from time to time
44 by the board of county commissioners;
45 (5) Specific affordable or employee housing projects by any entity, organization,
46 or person, contingent upon transfer of ownership of the underlying land for
2
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I the affordable housing project to the County, a not -for -profit oommuriltv
2 development organization, or any other entity approved by the Board of
3 County Commissioners, upon written request from the project sponsor and
4 approved by resolution of the Board of County Commissioners; or
5 t6) Rental employee housing projects situated on the same parcel of land as the
6 nonresidential workplace for the tenants of these projects, upon written
7 request from the property owner and approved by resolution of the Board of
8 County Commissioners"; and
9
10 WHEREAS, Oceanside Investors qualifies for this reservation pursuant to Monroe
I I County Code Sec. 138424(b)(4); and
12
13 WHEREAS, the reservation of affordable housing allocation for the anticipated Project
14 does not exempt the Project from applicable requirements in the .Monroe County Code,
15 Florida Building Code and other regulatory requirements; and
16
17 WHEREAS, the reservation of these affordable housing allocations for a period for
18 greater than six months is necessary to provide consistency with. the Agreement-,
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
22
23 Section L. A total of forty-six (46) affordable housing ROGO allocations are reserved for
24 the use of Oceanside Investors for a period of five years from the effective date of the
25 companion Development Agreement between the parties listed above, approved. by
Monroe County on December 11, 2013.
27
23 Section 2. The allocations will be apportioned approximately 25% low income, 25%
29 median income, and 50% moderate income.
30
.31 Section 3. The reservation of twenty-three (23) moderate income affordable ROGO
32 allocations, twelve (12) median income affordable ROGO allocations, and eleven (11)
33 low income affordable ROGO allocations for award to the above mentioned mobile home
34
parks shall expire five (5) years from the effective date of the companion Development
35 Agreement between the parties listed above approved by Monroe County on December
36 11 2 013.
37
38 a. The Stock Island Suncrest Property shall be allocated three (3) low income
39 and four ( ' 4) moderate income affordable ROGO allocations.
40 b. The Summerland Palms Property shall be allocated seven (7) low income, ten
41 (10) median income and five (5) moderate affordable ROGO allocations,
42 c. The Cudjoe Coco Palms Property shall be allocated one (1) low income, two
13 (2) median income and fourteen (14) moderate income ROGO allocations.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on thel Ith day of December, 2013.
Mayor Sylvia Murphy Yes
Mayor Pro Tee Danny Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner David Rice Yes
Commissioner George Neugent Yes
BOARD OF COUNTY COMMISSIONERS
OF MO ROE COUNTY, FLORIDA
BY
a Murphy
MY HEAVILIN, CLERK
4
7U -1i IE'!
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--A,, A TTOW" -Y
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