Item C23County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: C23
Agenda Item Summary #4158
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329
No
AGENDA ITEM WORDING: Approval for Duck Key Community Benefit Inc. d /b /a Duck Key
Property Owners Association ( DKPOA) to landscape on county rights -of -way in front of vacant lots
owned by Monroe County and multiple private owners. If the Board approves issuance of a permit to
this organization, then Monroe County Code Sec. 19 -33 will need to be revised to allow for a right -
of -way permit to be issued to a corporation such as the Duck Key Community Benefit, Inc.
ITEM BACKGROUND: Duck Key Community Benefit, Inc, a Florida not for profit corporation,
d /b /a Duck Key Property Owners Association ( DKPOA) has requested permission to plant trees
along on the right -of -way adjacent to numerous vacant lots as described more fully in the attached
memo and aerial. Since DKPOA is not the owner of the lots adjacent to the proposed landscaping,
BOCC approval is being sought prior to issuing a right -of -way permit and agreement by DKPOA for
maintenance.
Additionally, the Duck Key Property Owners Association has been dissolved (see attached voluntary
dissolution) and is operating under a newly formed corporation (see attached Duck Key Community
Benefit, Inc. Entity Detail and Articles of incorporation from sunbiz). If the Board approves the
issuance of this permit, the Monroe County Code will need to be revised to allow for a permit to be
issued to this type of organization for the reasons as explained in more detail below.
• Currently Monroe County Code section 19- 33(a)(1) provides that a "property /homeowners
association, as set forth in F.S. ch. 720 may be issued a permit for limited landscaping around
wastewater lift stations. While the specific requirement to be an established as an HOA under
chapter 720, F.S. is not stated under subsection (2), which applies to permits for limited
landscaping within the ROW, the ordinance still only provides that a permit may be issued to
a property owner or property/homeowners association.
o F.S. 720.30 - Definitions defines a homeowners association in part as a Florida
corporation made up of parcel owners and in which membership as a mandatory
condition of parcel ownership.
• The Duck Key Property Owners Association is a voluntary POA and thus was not established
with mandatory membership as a condition of parcel ownership as set forth in the statutory
definition.
• If the BOCC wishes to allow for issuance of this permit, then Section 19 -33 will need to be
amended to allow for permits to be issued to corporations that are established for the purpose
of maintaining and improving their specific neighborhood.
The difficulty in allowing permits to be issued to voluntary HOAs or POAs is that
agreements with the County for continued upkeep and maintenance may become
unenforceable if the organization is dissolved or unorganized. If this occurs, the County will
ultimately become responsible for maintenance, upkeep or removal of landscaping,
especially if potential hazards for failed maintenance by the HOA /POA exist.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved revisions to Monroe County Code
Chapter 19 Roads and Bridges to permit limited landscaping on County rights -of -way at the
September 16, 2015 BOCC meeting.
CONTRACT /AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Duck Key Landscaping 5_16_2018
Duck Key aerial 5_16_2018
Duck Key Community Benefit Inc Entity Detail and Art. of Incorporation from sunbiz.org
Voluntary Dissolution of DKPOA
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
None
REVIEWED BY:
Judith Clarke
Completed
04/26/2018 2:42 PM
Christine Limbert
Completed
04/26/2018 3:06 PM
Budget and Finance
Completed
04/26/2018 3:26 PM
Maria Slavik
Completed
04/27/2018 7:26 AM
Kathy Peters
Completed
04/27/2018 2:28 PM
Board of County Commissioners
Pending
05/16/2018 9:00 AM
Engineering Department
MEMORANDUM
To: Board of County Commissioners
From: Judy Clarke, Director of Engineering Services
Date: May 16, 2018
Re: Duck Key Property Owners Association Landscaping by Vacant Lots
The Duck Key Property Owners' Association ( DKPOA) has requested permission to plant
between 125 and 150 Triple Montgomeryana Palm trees on county rights -of -way in front of
vacant lots on Duck Key. Typically landscaping permits are issued to owners of the parcel
adjacent to the right -of -way where landscaping is to be installed, and since the proposed
landscaping locations are adjacent to vacant lots owned by both Monroe County and various
private owners, approval by the BOCC is sought prior to issuance of a right -of -way permit.
The proposed landscaping would be adjacent to the vacant lots on the following roads: Bimini
Drive, North Indies, South Indies, Corsair Road, Barque Street, West Seaview Drive, West
Seaview Circle and East Seaview Drive. The roads are shown highlighted on the attached aerial.
DKPOA is not proposing to landscape in front of developed parcels on these roads, just in front
of vacant parcels.
DKPOA would execute an agreement with Monroe County to install the trees in accordance with
county requirements and maintain them at its own expense. The agreement would stipulate that
DKPOA would relocate or remove trees at the request of the property owner if a lot is developed
at some point in the future. DKPOA has indicated that they would obtain agreement from the
private lot owners prior to performing the landscaping.
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Certified Copies Certificates of Status
Special Instructions to Filing Officer:
Office Use Only
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COVER LETTER
Department of State
Division of Corporations
P. O. Box 6327
Tallahassee, FL 32314
SUBJECT: Duck Key Communi
Benefit Inc.
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Enclosed is an original and one (1) copy of the Artic
$70.00
Filing Fee
$78.75
Filing Fee &
Certificate of
Status
es of incorporation and a check tor:
$78.75 $87.50
LIFiling Fee Filing Fee,
& Certified Copy Certified Copy
& Certificate
ADDMONAL COPY REQUIRED
FROM: John Schwarz
Name (Printed or typed)
112 Vista Ln
Address
Marathon, FL 33050
City, State & Zip
305 - 743 -2265
Daytime Telephone number
johnsct @gmail.com
E -mail address: (to Be us2 for future annual report notification)
NOTE: Please provide the original and one copy of the articles.
Articles of Incorporation
Of
Duck Key Community Benefit Inc.
(In Compliance with Chapter 617, F.S., Not for profit)
Article 1.
The name of the corporation is Duck Key Community Benefit Inc.
Article 2.
The initial registered office of the Corporation shall be at: 112 Vista Ln, Marathon, FL
33050. The initial registered agent of the Corporation at such address shall be: John
Schwarz.
Article 3.
The name and address of the incorporator is:
John Schwarz
112 Vista Ln
Marathon, FL 33050
Article 4.
The initial principal office address of the Corporation shall be at:
Marathon, FL 33050.
Article 5.
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112 Vista LIP'
Said organization is organized exclusively for charitable, religious, educational, and
scientific purposes, including, for such purposes, the making of distributions to
organizations that qualify as exempt organizations under 501(c) (3) of the Internal
Revenue Code, or corresponding section of any future federal tax code.
The specific purpose of the organization is to maintain of the beauty and public usability
of the Duck Key Island and its waterways for the quiet enjoyment of its residents and
visitors.
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Article 6.
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The Corporation shall have perpetual duration.
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Article 7.
The affairs of the Corporation shall be managed by a Board of Directors. The number of
Directors of the Corporation and method of election shall be set out more specifically in
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the bylaws. Initial Board Members are: CL
John Schwarz — President and Director
112 Vista Ln
Marathon, FL 33050
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Demetrio Brid - Secretary and Director
8620 SW 94th St
Miami, FL 33156
Brian Walsh -- Treasurer and Director
226 West Seaview Dr
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Marathon, FL 33050
Article 8.
Upon dissolution of the Corporation, assets shall be distributed for one or more exempt
purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the
corresponding section of any future federal tax code, or shall be distributed to the federal
government, or to a state or local government, for a public purpose. Any such assets not
disposed of shall be disposed of by a Court of Competent Jurisdiction of the County in
which the principal office of the Corporation is then located, exclusively for such
purposes or to such organizations, as said Court shall determine, which are organized and
operated exclusively for such purposes.
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Article 9.
No part of the net earnings of the corporation shall inure to the benefit of, or be
distributable to its members, trustees, officers or other private persons, except that the
corporation shall be authorized and empowered to pay reasonable compensation for
services rendered and to make payments and distributions in furtherance of section
501(c)(3) purposes. No substantial part of the activities of the corporation shall be
carrying on of propaganda, and the corporation shall not participate in, or intervene in
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(including the publishing or distribution of statements) any political campaign on behalf
of or in opposition to any candidate for public office.
Notwithstanding any other provision of these articles, the corporation shall not carry on
any other activities not permitted to be carried on (a) by a corporation exempt from
Federal income tax under section 501(c)(3) of the Internal Revenue Code, or the
corresponding section of any future federal tax code, or (b) by a corporation,
contributions to which are deductible under section 170 (c)(2) of the Internal Revenue
Code, or the corresponding section of any future federal tax code.
IN WITNESS WHEREOF, the undersigned has executed these Articles of Incorporation
this 4th day of February, 2015.
Name of Incorporator John Schwarz,
Signature of Incorporator �" tom"
Date trr {" )C '" l Sr
Having been named as registered agent to accept service of process for the above stated corporation at the
place designated in this certificate,) am familiar with and accept the appointment as registered aggt and
agree to act in this capacit
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Name of Registered Agent
John Schwarz '
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Signature of Registered Agent
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Date Mes. Z -�-- i r�-
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FILED
Feb 23, 2018
Secretary of State
ARTICLES OF DISSOLUTION
Pursuant to section 617.1403, Florida Statutes, this Florida not for profit corporation submits the following
Articles of Dissolution:
FIRST: The name of the corporation as currently filed with the Florida Department of State:
DUCK KEY PROPERTY OWNERS ASSOCIATION, INC.
SECOND: The document number of the corporation: 720769
THIRD: The date of the meeting of members at which the resolution to dissolve was adopted
February 19, 2017. The number of votes cast by the members was sufficient for approval
I submit this document and affirm that the facts stated herein are true. I am aware that any false information
submitted in a document to the Department of State constitutes a third degree felony as provided for in section
817.155, Florida Statutes.
Signature: JOHN SCHWARTZ DIRECTOR
Electronic Signature of Signing Officer, Director, Incorporator or Authorized Representative