Item N3 N.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: N.3
Agenda Item Summary #3055
BULK ITEM: No DEPARTMENT: BOCC District 4
TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche (305) 289-6000
9:OOA
AGENDA ITEM WORDING: Approval to reappoint Rick Sherman to the Duck Key Security
District Advisory for a 3-yr. term ending May 19, 2024
ITEM BACKGROUND: Rick Sherman has served on the Duck Key Security District Advisory
Board for two previous full terms. This reappointment will be his third full term, at completion May
19, 2024, will be 9-years consecutive service (full terms only),per term limits set forth in Ordinance
4016-2014.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved full year term appointments for Mr.
Sherman in May 2015, and May 2018.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION:
DOCUMENTATION:
Rick Sherman Appt Info May 2021 DKSDAB
Sherman Rick Prev Term Appointment Letters
Ordinance 016-2014 Membership & Meeting Regs
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Packet Pg. 1978
N.3
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:
NA
REVIEWED BY:
David Rice Skipped 03/25/2021 3:00 PM
Bob Shillinger Completed 04/05/2021 10:00 AM
Liz Yongue Completed 04/05/2021 11:03 AM
Board of County Commissioners Pending 05/19/2021 9:00 AM
Packet Pg. 1979
N.3.a
Monroe County Boards and Committees
Appointment Information
Board or Committee: Duck Key Security District Advisory Board
Commissioner Appointing Member: David Rice, (BOCC District 4)
Name of Member: Richard (Rick) Sherman
Address: 202 Schooner Ln.
le
Duck Key, FL 2
Mailing Address: Same
E
Phone Numbers: Work: N/A
Home: 305-743-0965
Cell: 502-314-6698
E-mail: frshermaninvestments@gmail.com
Date of Appointment: May 19, 2021
CD
Reappointment: Yes
c
Date Term Expires: May 19, 2024
Name of Person Replaced: N/A
Fulfilling Term of: N/A o,
Misc. Info: Mr. Sherman was appointed in April 2014 to fulfill term of Donna Flammang. 2
This will be his 3rd full term appointment and will reach 9-yr. consecutive full term limit
upon completion of this term, per amending ordinance#016-2014. 0)
Packet Pg. 1980
N.3.b
�QLi� of Monroe BOARD OF COUNTY COMMISSIQNlERS
Mayor David Rice.District 4
The Florida Keys Mayor Pro"fun Sylvia J.Murphy,District 5
Danny L—Kotfogc-District t
George N CUgCnL District 2
He her CarmtheTx Distr Lt 3
Office of the County Administrator
The Historic Gato Cigar Factory _
l 100 Simonton Street,Suite 205
Key West,FL 33040
(305)2924441 -Phone w
(305)2924544-Fax
le
U
May 17,2018
Mr.Richard Sherman
202 Schooner Ln.
Duck Key, FL 33050 0
Dear Mr.Sherman, `✓
On behalf of this office and the Monroe County Board of County Commissioners,please allow me to congratulate
you on your reappointment to the Duck Key Security District Advisory Board, which occurred at the May 166
---Comm sion-meeting, Your appointed term of office will expire May 16,2021,
E
0
Thank you for your continued interest in our community and congratulations once again.
E
Very truly yours,
CL
le
Roman Gastesi
County Administrator
E
RGlgw
cc:Commissioner David Rice
2.� C-�ri
Packet Pg. 1981
N.3.b
BQARD DF OlPITY COh+MISaIUNER5.
Heath
County of Monroe Mayor Penny District 1
Mayor Pro Ten Heather Carruthers.District 3
'Me ' U17t� George Neugent,District 2
�' David nice.District 4
Sylvia Murphy.District 5
Office of the County Administrator
The Historic Gato Cigar FactaCY
1 100 Simonton Street,Suite 205
Key West,FL 33040
(305)292- 441 —Phane
(305)292-4544-Fax
le
May 29,20 15
Richard Sherman
202 Schooner Ln.
Duck Key, FL 33050
Dear. Mr. Sherman,
On behalf of this office and the Monroe County Board of County Commissioners, please allow me to y
congratulate you on your reappointment to the Duck Key Security District Advisory Board, which
occurred at the May 20tb Commission meeting. Your appointed term of office will expire May 20,2018. ,
E
Thank you For your continued interest in our community and congratulations once again.
0
Very trujy yours,
bbie Frederick CL
Deputy County Administrator Ie
❑Flef
cc:Commissioner David Rice
Sherry Popham
0
(-'5'/ ro''i
Packet Pg. 1982
Commissioner 'c
ORDINANCE 016 - 21
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS COUNTY, FLORIDA
CREATING SECTI -127. CHAPTER 22. SPEC
DISTRICTS, OF THE MONROE COUNTY CODE
RE-ADOPTINGC NO. 5-192 (THE DUCK KEY U)
SECURITY DISTRICTORDINANCE) AS AMENDED BY 2
ORDINANCE NO. 012-1994 AND ORDLVANCE NO. 01-199 ;
AMENDING SECTION 5. OF ORDINANCE NO. 005-192
LIMITSPROVIDE TERM FOR ADVISORY BOARD MEMBERS
AND OFFICERS, FREQUENCY OF MEETINGS
ATTENDANCE ; PROVIDING
S ; PROVIDING FOR REPEAL OF ALL 0
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES G FOR AN EFFECTIVE DATE.
WHEREAS, on February 6, 1992 the Board of County Commissioners (BOCC) enacted
Ordinance No. 005-1992 , which created the Duck Key Security District and established the Duck Key
Security Advisory Board(DKSAB); and.
WHEREAS, on June 16, 1994, the BOCC enacted Ordinance No. 012-1994, which amended
Section 8 of Ordinance No. 005-1992 in order to remove the sunset provision and provide that Duck
Key Security District may be abolished by a referendum approved by a majority vote of the District 2
electors in years with a primary election; and
N
WHEREAS, on December 14, 1994, the BOCC enacted Ordinance No. 041-1994 which
amended Section 6, of Ordinance No. 005-1992 providing that only one residential assessment may be
made under certain conditions when one residence occupies a multiple lot site; and
WHEREAS, Ordinance No. 001-2009, which adopted and enacted a new code of ordinances to
re-codify existing County Code, did not include Ordinance No. 005-1992, Ordinance No. 012-1994 and
Ordinance No. 041-1994 as they inadvertently were not previously codified in the Monroe County E
Code; and
WHEREAS, the Duck Key Security District was created under the statutory authority of F.S.
125.01(c) and is otherwise still in effect; and
WHEREAS, since Ordinance No. 005-1992, as amended by Ordinance No. 012-1994 and
Ordinance No. 041-1994, should be re-adopted and codified in the Monroe County Code; and
Page 1 of 5
Packet Pg. 1983
N.3 c
WHEREAS, The DKSAB has made recommendations that set forth term limits, frequency of
meetings, and attendance of meetings relating to the DKSAs and
WHEREAS, changes to the conditions, qualifications, or terms of the DKSAB members should
be adopted by ordinance by the BOCC and codified in the Monroe County Code;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS N COUNTY,FLORIDA:
E
SCTI 1: Section 22-17 of Chapter 22 Special Districts shall be created to re-adapt °'
Ordinance o. 0 5-1992, as amended by Ordinance 12-19 rdina ce No. 041-1994, and as le
ended here' to read s follows: -
(1) DISTRICT CREATED.
A Security District is hereby created pursuant to Florida Statutes 125.01(1)(q) which
encompasses Center Island, Plantation Island, Harbour Island, and Yacht Club Island of Duck
Key Subdivision according to the resubdivision thereof as recorded in Plat Book 4, Pages 7, 8, 9,
10, 11, and 12 of the Public Records of Monroe County, Florida, but excluding Section 1, also
known as Indies Island of that resubdivision. More particularly described as a portion of Section
16, and 20,21, Township 65S, R34E,Monroe County, Florida.
(2) NAME OF DISTRICT. m
The name of the District shall be known as the DUCK KEY SECURITY DISTRICT, hereinafter
the District.
(3) PURPOSE OF DISTRICT.
The District shall be established for the sole and restricted purpose of providing security services
for the District.
(4) DESIGNATION OF THE GOVERNMENT BODY.
The County Commission of the County of Monroe County, Florida, is hereby designated as the
District Governing Body. The chairman of the district governing body shall be the Mayor of
Monroe County.
(5) ESTABLISHMENT OF ADVISORY BOARD.
An Advisory Board is hereby established for the Duck Key Security District. The Advisory
Board shall be composed of seven members who shall be owners of real property located in the
district or residents thereof. The members of the advisory Board shall be appointed by the
Governing Body. The Monroe County Sheriffs Office shall appoint one ex-officio member to
the Advisory Board. The Advisory Board shall perform such duties as may be prescribed by the
Governing Body and this Ordinance and shall submit within the time period specified by the
Governing body or this Ordinance as applicable a report on the District's proposed activities and
a proposed budget to accomplish the District's objectives. In formulating a plan for law
enforcement services, the Advisory Board shall consult with the appropriate staff of the County
Page 2of5
Packet Pg. 1984
N.3.c
of Monroe or the Sheriff of Monroe County, to assist in the preparation of the District's plan for
such services. All meetings of the Advisory Board shall be open to the public.
The Advisory Board members shall be appointed for staggered terns of three years. The initial
appointment shall be three members for a one year term; two members for a two year term and
two members for a three year term. Vacancies shall be filled for the unexpired portion of a term
in the same manner as the initial appointment is made. Each member shall hold office until his
successor is appointed and qualified unless the member ceases to be qualified or is removed from
office. All members shall serve at the pleasure of the Board of County Commissioners, except
for the ex-officio member appointed by the Sheriff. Upon appointment and qualification each
year the members shall organize by electing from their membership a chairman, vice-chairman
and a secretary. The Advisory Board shall recommend, with the approval of a majority of a Ie
quorum of the board members, and the Board of County Commissioners may approve, the
actions of the Duck Key Security District. The powers of the Board of County Commissioners
shall include but not be limited to:
a. Enter into contracts and agreements;
b. Have exclusive control of funds legally available to it, subject to limitations imposed by
law or by this Ordinance or by any agreement validly entered into by it;
c. Cooperate and contract with other governmental agencies or other public bodies;
d. Contrast with the county or private agencies for increased levels of law enforcement N
protection, including additional personnel;
e. Make and collect non ad valorem assessments to finance the law enforcement services
authorized in this section;
f. Exercise all lawful powers incidental to the effective and expedient exercise of the
forgoing powers.
Term of office and term limits: The term of Advisory Board members shall be for 3 years.
Members shall be limited to serve three (3) consecutive terms. The three(3) year term limit shall
be prospectively applied from the effective date of this Ordinance. The term of the Chairman,
Vice-Chairman, and Secretary shall be for two (2) years and shall be limited to serve two (2)
consecutive terms for a total of four(4) consecutive years.
Advisory Board Meetings: Meetings shall be held every other month on the first Tuesday of that
month at 8:00 a.m.
Attendance: All members of the Duck Key Security Advisory Board shall attend two-thirds (2/3)
of all meetings of the Board. If a Board member is unable to be present for at least two-thirds
(2/3) of the Board meetings in any given year, they will be asked to submit their resignation to 0)
the Board for consideration to accept or not accept their resignation.
(6) ASSESSMENTS.
The Advisory Board shall prepare to the Governing Body a proposed budget for the Duck Key
Security District within ninety days of the date of the passage of this ordinance. The Governing
Body can accept, reject or modify the proposed budget. Upon the acceptance of the initial
proposed budget, the Governing Body shall authorize a referendum in the District to be held at
the next available primary or general election to approve the collection of non ad valorem
Page 3 of 5
Packet Pg. 1985
N.3.c
assessments as provided by Sec. 197.3632, Fla. Stat., to support the implementation of District
law enforcement services. The initial assessment shall not be levied unless first approved by a
majority of voting residents in the referendum called for that purpose. The initial non ad valorem
assessment for this budget shall be no more than $200.00 per improved lot and $20.00 per
unimproved lot. If the referendum is disapproved by the voters, then the Governing Body shall
take no further action pursuant to this ordinance and shall act with dispatch to repeal the same. If
approved, and for the years following the initial year, the Advisory Board shall annually prepare
a budget and submit it for acceptance, rejection, or modification by the Governing Body and the
imposition of such non ad valorem assessments as may be needed. Except as provided in E
paragraph 8, there shall be no need for referenda in subsequent years unless an assessment °3
increases more than ten percent (10%) over the previous year or increases to more than the sum le
of$2300.00 per improved lot or more than the sum of$30.00 per unimproved lot in any given -
year. Assessments shall be assessed on the basis of one residential assessment for each improved
lot and unimproved lot assessment per unimproved lot,regardless of ownership unless exempt by
state law. In the case of a residential unit that is built on more than one lot, or in the case of a
residential unit that is located on a site composed of more than one lot when the lots are in W
common ownership and subject to a recorded unity of title declaration or agreement, then only
one residential assessment may be assessed regardless of the number of lots involved.
Lots with houses under construction on January I' of each year shall pay the unimproved lot
assessment unless the construction thereon has been substantially completed by January 1' of N
each year after which the lots will be assessed as residences.
In addition to the preceding, the District budget shall also be approved pursuant to all general
law relating to the adoption and preparation of County budgets.
(7) FISCAL MANAGEMENT.
All District funds shall be received, held, secured, in the same manner as other county funds by
the Clerk of the Circuit Court. The funds shall be maintained under a separate account and shall
only be used for purposes authorized by this Ordinance and shall be disbursed only upon the
direction of the Governing Body pursuant to the requisitions signed by the Mayor and
countersigned by the Clerk of the Court.
(8) SUNSET CLAUSE.
The Duck Key Security District may be abolished by referendum in any primary election year by
the majority vote of the District electors voting in the referendum. The referendum must be held
at the September primary election to assure that the District, if the electors so decide, is timely
abolished for the ensuing fiscal year. The referendum may only be called by the Board of County
Commissioners upon the presentation of petition requesting the referendum signed by 20% or
more of the qualified District electors. The petition must be presented to the Board at least two
months in advance of the September primary to assure that sufficient time is available to place
the referendum on the September ballot.
Page 4 of 5
Packet Pg. 1986
N.3.c
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or
declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any
person, property or circumstances, such holding shall not affect its applicability to any other person,
property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
E
SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be °3
included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or
amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system
of the Code.
SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the
Department of state and shall be effective as provided in section 125.66(2), Florida Statutes.
E
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 1.7th day of September ,2014.
N
Mayor Sylvia Murphy Yes
Mayor Pro Tem Danny Kolhage Yes
Commissioner Heather Carruthers e
,r=: " z. Commissioner George Neugent Absent
Comm, sioner David Rice Yes
.: ,} a y
4 BOARD OF COUNTY COMMISSIONERS
# eslg;' AVILIN,Clerk OF MONROE COUNTY,FLORIDA E
BY.
mayor/ChairpersonDeputy Clerk
CH RiS11,"i All"E
Page 5 of 5
Packet Pg. 1987