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Item M12
M.12 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting March 22, 2023 Agenda Item Number: M.12 Agenda Item Summary #11831 BULK ITEM: No DEPARTMENT: BOCC District 4 TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche (305) 289-6000 N/A AGENDA ITEM WORDING: Approval to reappoint Jon Porter to a second term on the Duck Key Security District Advisory Board. ITEM BACKGROUND: Jon Porter is a long-term property owner of Duck Key and was appointed to the Duck Key Security District Advisory Board in 2020. PREVIOUS RELEVANT BOCC ACTION: Previous appointment of Jon Porter to the board in March 2020. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: DOCUMENTATION: Porter Jon 2023 Appointment Information Ord005-1992EstDuckKeySecurityDistrict Ordinance 016-2014 Membership & Meeting Regs Bio Jon Porter FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Packet Pg. 2893 M.12 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: REVIEWED BY: David Rice Skipped 03/02/2023 1:49 PM Bob Shillinger Completed 03/06/2023 5:27 PM Lindsey Ballard Completed 03/07/2023 9:28 AM Board of County Commissioners Pending 03/22/2023 9:00 AM Packet Pg. 2894 M.12.a Monroe County Boards and Committees Appointment Information 0 Board or Committee: Duck Key Security District Advisory Board 0 Commissioner Appointing Member: Commissioner David Rice > Name of Member: ]on Porter A Address: 306 Seagrape St. n Duck Key, FL 33050 Mailing Address: Same as above 0 Phone Numbers: Home: Cell: 305-240-9044 Fax: NA Email: duckkey832(cbamail.com 0 CL CL Date of Appointment: March 22, 2023 (The date of this BOCC agenda item) Is this a Reappointment? Yes XX No 4- New Term Expiration Date: April 15, 2026 Name of Person Being Replaced: CL CL Fulfilling Term of: N N N 0 0 E CAD Form/09/06/12 Packet Pg. 2895 M.12.b raw+tr 0 Manne 1. WA&P 3 69AW I OFFICE CLERK OF THE CIRCUIT COURT aR&NCH OFFICE 3117 OVZR89AB HIGHWAY MOtiXOR COUNTY P.D.Box 379 MARATHON,PLRRIDA 38060 6W WHITEHEAD IT'RZET PLANTATION KEY,PWIUDA 3$070 TEL W61744M KEY WEST.FLORIDA JN40 'TSL iW86R4263 Teb.1306+xw 6�I rebruary 20, 1992 CERTIFIED MAIL RETURN RECEIPT REQUESTED � Mrs. Lis Cla�ad, Chief a Bureau of Administrative Code and Laws Department of State a The Capitol Tallahassee, Florida 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of ordinance No. 005-1.992 establishing a Security Oistrict for the resi- dential islands of Duds isey, Monroe County, Florida, as 2 authorized by Section 125 .014g3Li3, Florida Statutes; etc. This Ordinance was ,adopted by the 'Monroe County Board of County Commissioners at a Special. Meeting in formal session on February 6, 1992. Please file for record. en Very truly yours, Oanny I.. xakhage Clerk of the Circuit Court and , ex officio Cleric to the Beard W Of COUIn CGWJ iss' ns cN By; LO 'Rosalie L. C golly Deputy Clerk ec: Municipal Code Corporation E Mayor W. Harvey Mayor Fro Tem J. London Commissioner E. Cheal Comiaeioner ❑r Jones Commissivner J. Stormont Sheriff go Roth County Attorney R. Ludacer County Administrator T. Brown Finance Director T. Medina File Packet Pg. 2896 70 ACMA -ZNtINT 4 A+4 M ant1R_nx t}4gFGF 7.GRF 7.0 9 Y M.12.b Commissioner Cheal c ORDINANCE NO. 005 -1L Z AN RRPINANCE OF THE BOARD OF COUNTY COMMIS- SIONIERS OF MONROE COUNITY, FLORIDA, ESTABLISH- ING A SECURITY DISTRICT FOR THE RESIDENTIAL A ISLANDS OF IYUCK KEY, MONROE COUNTY, FLORIDA, AS AUTHORIZED BY SECTXON 125.aItq} tl} , FLORID STATUTES; PROVIDING FOR THE ESTABLISHMENT OF A BOARD OF DIRECTORS OF THE DISTRICT; PROVIDtNG FOR AN ADVISORY BOARD FOR THE DISTRICT; PROVIDING FOR DISTRICT POWERS Lf INCLUDING THE RESTRICTED POWER TO ASSESS REAL as PROPERTY WITHIN THE DISTRICT FOR DISTRICT PURPOSES= PROVIDING FOR FISCAL MANAGEMENT; s` PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF ALL ORDtNANICES 'EKONSISTENT 0 µ -HEREW PROVIDING FOR INCORPORATION INTO Ty MONROE COUNT-j CODE; AND PROVIDING AN 0 ECLECTIVIE DATE. WHEREAS, the Monroe County Board of County Comissi.oners is 0 CL authorized to ■atablish a Special. Security District in Monroe County, Florida, pursuant to Section 125.01(q) (1) of the Florida .c Statutes, and WHEREAS, the residents of Duck Key Subdivision in Noaroe c� County, Florida, desire to create a Security District for certain areas of Duck Key to be known as the Duck Key Security District; c� NOW, THEREFORE, BE IT ORDAINED BY THE HOARD OF COUNTY COMISSLONERS OF MOtMOE COUNTY, FLORIDA, that: Sec on I. DISTRICT CREATED. LO A Security District is hareby created pursuant to Florida Statutes 125.01(q)(1) which encompossae Center Island, Plantation E Island, Harbour Island, and Yacht Club Island of Duck Key Subdivision according to tha resubdivision thereof as recorded in Plat Book 41 Pages 7, 8, 9, 10, 11 and 12 of the Public Records Tfi:G7 Packet Pg. 2897 rn 7C1+J `1F,tlAls a v�a' + �H11�nv (apgi'CC7CpC M.12.b of Monroe County, Florida, but excluding Section 1, also known as 0 Indies Island of that reoubdivision. Mor* particularly described it A as a portion of Section 16 and 20, 21, Township 65S, R34E, Monroe County 0 Tlorlda. 2 5ect a 2 NAME OF DISTRICT. The name of the District shalt be known as DUCK KEY SECURITY c� DISTRTCT, hereinafter the District. 5 ct: 0 3. PURPOSE OF DISTRICT. c� The niettict shall be established for the sole and restricted purpose of providing security services for the District. Sect an 4 DESTGNATION OF THE GOVERNING BODY. c The County Commission of the County of Monroe County, Florida, is hereby designated as the District Governing Body, The chairman E of the district governing body shall be the Mayor of Monroe County. 2 ,c 5tctioll 5. ESTABLISHMENT OF ADVISORY BOARD. An Advisory Board is hereby established for the Duck Key Security District. This Advisory Board shall be composed of seven members vbo shall be owners of real property located in the district at residents thereof. The members of the Advisory Board shall be U) appointed by the Oovernf,ng Body, The Mourne County Sheriff's n a office shall appoint one ex-officio member to the Advisory Board. `t+ LO The Advisory Board shall perform such duties as may be prescribed 5 by the Governing Body and this Ordinance and shall submit within the time period specified �y the Governing Body or this Ordinance c� as applicable a report on the District's proposed activities and a proposed budget to accomplish the District's objocrives. to formulating s plan for law enforcement services, the Advisory 2 Packet Pg. 2898 M.12.b Hoard shalt consult with the appropriate staff of the County of 0 Monroe or the Shariff of Memos County, Co assist in the 0 preparation of the District'■ plan for suth service*. All. � mestinga of the Advisory board shall be open to the public. 2 A The Advisory Board members shell be appointed for staggered terms of three years. The initial appointment shall be three members for a one your taro; two members for a tvo year term and two membexa for a three year term. Vacancies shall be fitted for the c� unexpired portion of a term in the same manner as the initial appointment is made. Each member shall hold office until his CL successor is appointed and qualified unless the member ceases to C be qualified or is removed from office. All members shall serve at the pleasure of the Board of County Commissioners, a%e*pt for CL the ex-officio member appointed by-the Sheriff. Upon sppointment CL and qualification each year the members shall organize by . electing from choir membership a chairman and a secretary. The Advisory Beard shall recommend, with the approval of a mayori.ty c� of a quorum of the property owners, whether in person, by proxy, or by absentee ballot, and the Board of County Commissioners may approve, t:he actions of the Duck Key Security District. The power* of the Board of County Commissioners shall include but not 0) be limited to: LO 1) Enrer into contracts and agreemtnt®; 2) Have exclusive control of funds legally available to its subject to limitations imposed by law of by this c� Ordinance of by any agreement validly entered into by it+ 3 Packet Pg. 2899 cn „ ,,JOKIr J '+)4a--, 7ClHL1fl'4 agarc�rcc�� 79:4r a rV M.12.b 3) Coopertta and contract with other governmental agencies or other public bodies it 4) Contract with the county or private agencies far > increased levels of law enforcement protection. . including additional personnele 5) Make a nd collect non ad valorem assessments to c� finance the law enforcement services authorized in this sections �e 6) Exercise all lawful powers incidental to the effective and expedient exercise of the foregoing c Powers. c c Sm C G ASSESSMENTS. c Tht Advisory Board shall prepare to the Governing Body a proposed budget for the Duck Key Security District within ninety days of CL CL the date of the passage of this Ordinance. The Governing Body 2 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 ❑istvict to be held at the next available primary or general election Co approve the collection of non ad valorem assessments as provided by Sec, 197,3632, Fla. Stan . to support the ioplemen'tation of DisCricr W law enforcement services. The initial assessment shall not be ' LO levied unless first approved by a majority of voting residents in the referendum Called for that purpose. The initial non ad c valorem assessment for this budget shall he no nor* than $2oo.00 per improved lot and $20.00 per unimproved lot. If the referendum is disapproved by the voters, then the Governing Body thall take no further action pursuant to this ordinance and shall 4 Packet Pg. 2900 qp �"A 'ttNWNT a 'AA71' �1t7}d1C'IS1 RgGFGF,7GGiF ze:9 1 O M.12.b act with dispatch to repeal the same. If approved, and for the years following the initial year, the Advisory Body shall c aunually prepare a budget and submit it for acceptance, rejection or modification by the Govening Body and the Imposition of such .c non ad valorem aasesswents sa may be tmeded. Except as provided A in paragraph S. there shall be no need for referenda in subsequent years unless an sesessment increases more than ten percent (10I) over the previous year or increases to more than the sum of $300.00 per improved lot or more than the sum of $30.00 per unimproved lot in any given year. c Assessments shall be assessed an the basis of one residential c c assessment for each improved lot and one unimproved lot c assessment per unimproved lot, regardless of ownership unless c exempt by state lair. CL CL Lots with houses under construction on January lax of each year 2 shall pay the unimproved lot assessment unless the construction thereon has been substantially completed by January lot of each ,c year after which the lots will be assessed as residences. In addition to the precouding, the district budget shall also be approved pursuant to all general law relating to the adoption and preparation of County budgets. W cv Ssc.JQn_7. FIS L MANAGEMENT, LO All District funds shall be received, held, secured, in the same manner as other county funds by the Clerk of the Circuit Court. c The funds shall be maintained under a separate account and shall only be used for purposes autherixed by this Ordinance and shall be disbursed only upon the directicn of the Gaverving Body S „� ,� ,rmrrT �N�x� ros��n� 044E56Z5� ze:9 T e Packet Pg. 2901 M.12.b pursuant to the requisitions signed by the Mayor and 0 couateraigned by the Claret of the Court. 0 Sect a. SUNSET CtAUSE. C ,v4 b 4rd . 01 z > The puck Key Security bistrict &hail cease to exist at the enA of . the fourth year after adoption unless continued .for a subsequent A four years by referendum approving the continuation of the c� Discrict by a majority vote of the voters in the District. S c i n 9 It any section, subsection, sentence. clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. 0 Sacti,on la, All ordinances or parts of ordinances in c 0 conflict with this Ordinance are hereby repealed to the extent of said conflict, Sect E an�11.0 This provisions of this Ordinance shall be CL CL included and incorporated in the Code of Ordinances of the County 2 of Monroe. Florida. as an addition or amendment thereto, and shall be appropriately renumbered to conform: to the uniform numbering system of the Code. Section 12 This Ordinance shalt be filed in the Office of the Secretary of State, State of Florida, but she'll not take effect until a referendum approving the ordinance has been passed by the electors of the District. ' LO PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida. at a special meeting of said Board held c on the 6th day ofeb� , A.D. , 1992. c� Mayor Harvey Y_� Mayor Pro Tam London es Commissioner Cheat Yen 6 7C7:G� Packet Pg. 2902 CifA 7[1Fis 1kt►-INT a �iv'7�'l 7c�►+uY�`a CA4UCGG7C�� M.12.b Coasmissioner Jones Yes 0 Commissioner 5tc=onC ?ea 0 (SEAL) BOARD OF COUNTY COMKI S 5I ONF RS � Attest: DANNY L. KCLHAGE, CLERK OF ROME COUNTY, FLORIDA 2 BY-, BY: r c� EFFECTIVE DATE: c� viduckkeyi 0 CL 0 a9 ANI�GA NCCLCL MWAS16 OEM Dzfs . c5 c5 U) cN 0) 0) LO E c5 7 Packet Pg. 2903 r M.12.b HARR i L. SAWYER,-JR. Key West Office: 5a(] Whitehead Strcet(Rear) SUPERVISOR OF ELECTIONS Key West, Florida 3304&6S47 MONROE COUNTY, FLORIDA 305-292-3416 Marathon Office(MM so)- 5160 Overseas Highway Marathon, Florida 33050 3D5•289.6017 Plantation Key Office(MM 88.5): Plantation Key Government Cent,•, M Tavernier, Florida 33070 305.852-7 M April 14. 1992 RF.: BALLOTS CAST FOR PROPERTY OWNERS OIL THE RESIDENTIAL ISLANDS OF DUCK KEY c� In accordance with Monroe County ordinance No. 005-1992, a Duck Key Security District vas establlshed. An advisgry board of seven Members, who are property owners on Duck Kqy, was appointed by the County Commission. , They are required to recommend and request in approval from all rew-V property owners in the district, a budget for the sole purpose -0f providi-rig security for the residential islands on Duck Key. c� Should Monroe County levy a non advalorum assessment of $200.00 per residence and $20.00 per unimproved lot for the fiscal year 1992-1993 for the implementations of law enforcement services in the district as o follows: 0 1 . ;52,000.00 of the estimated 464,000.00 to be collected be spent to employ a- private security firm,* r 2. $7,000.00 to be spent- for the employment of off-duty deputy c sheriffs to enhance security during critical periods, such as CL CL lobster season asset spring break; (employmep t of Marine Patrol or private security firm way be included for additional security) , 2 3. The balance of $5,000.00 to be set aside for future increases in security protection. _ ,c Number of votes cast; Yes --- 109 No --- 31 U) CN 601""""- r � OCERTEDRuth E. McCleary, DeputySupervisor of 1Elertions SAWYj:a, R.OR OF ELECTIONS RECEIVED APR 2 0 mw Packet Pg. 2904 Uk't.J.LIAL IJAJ 1..Vi _ FOR PR IPERTY 04YNERS OIL THE r iI i)r-N 1AL PA RA !OS D1J 1'uf jS�D2 ISLANDS OF FUCK h...f I SLAS i, a1DENCIAL S DE DUCK K In accordance with Monroe County ordi- De acuerdo coq la ordenanza No. 005-299. nance No. 005-1992 a Buck Key Security del Condado de Monroe, un Distrito de District was established. An advisory Seguridad fue creado nara el area de board of seven members who are property Duck Kev. Un 'gruoo de consejeros de owners on Duck Key was appointed by the siete miembros, cuyos miombros son County Commisslotz. They are required duenoe de vropiedades en Duck Key. fue to recommend and request sppr-Gval front selsccionado mor los comisionados del all, real property owners in the district, condado. Eatos miembros recomendaron y a budget for the sole -purpose of pro- solici.taron de todos los duenos de e vidi,ng security for the residential propiedades en el distrito, la Islands on Duck Key. aprubacidn de: un �nrBsupuesta con el sol o Should Monroe County levy a non ad- propddito de proveer seguridad Para las LA valoru■ assessment of #200.00 1yer islas residenciales on Duck Key. residence and $20.00 per unimproved lot a©ebe el Condado de Monroe mPoner un for the fiscal year 1992--399k3 for the impus-sto van--iwd-va►lorsm de $200.00 par implementation of law enEctr-a meet ' G®da residencia y 820.00 por cede services in the district as 1011.0e<s-: terreno- Para el allo fiscal 1992-1993, 1.) S329DD0.00 of the estimated Para la impleffientaci.6n de los siguientr 364,0p0.00 to be collected be spent to seryicios de seguridad en el distrito? employ a private security firm. 1.) $52.000.00 del astimado $64,000,00 2. ) $7,000.00 to be spent for the employ- recaudado, oar& emplear Una firma ment of off duty deputy► sheriffs to privada de guardias de seguridad. enhance eacurity during critical 2. ) $7,040.00 pare el emnleo de periods. such as -lobster season and dilwt:ados Para seguridad adicional. spring break. durante Derf6doa er-fticos, tales Como > rployment of Marine Patrol a private temporada de;coger langostas y las 0 security firm may be included for vacaciones de Primavera de estudlantes additional security. universitarigs. 3. } The balance of $5,000.00 to be set Una Marina Patrul}era o firma de aside for future increas-ee in security segur-Wad, privada serf. inclufda para protection. proveer seguridad adi.cional. 3. ) F.1 balan�p e de $5,W0.00 serf 0 CL rgservado iDaLra uroveor nroteccion y CL R�Furidad en; un. 2 ,c { } YES { ) NO { } S1 t ) NO °c c� NOTE: All ballots must be received in NOTA: Es necesarto que on todos bolet the supervisor of elections' Marathon serf* en la oficina de elections de office by Auril 14. 1992: Marathon oar 1e 14 de Abri.l, 1992s N LO ~� r .ir Packet Pg. 2905 M.12.c Commissioner 0 ORDINANCE 016 - 2014 0 A AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CREATING SECTION 22-127. CHAPTER 22. SPECLIL DISTRICTS, OF THE MONROE COUNTY CODE RE-ADOPTING ORDINANCE NO. 005-1992 (THE DUCK KEY SECURITY DISTRICT ORDINANCE) AS AMENDED BY ORDINANCE NO. 012-1994 AND ORDINANCE NO. 041-1994, AMENDING SECTION 5. OF ORDINANCE NO. 005-1992 TO PROVIDE TERM LIMITS FOR ADVISORY BOARD MEMBERS �e AND OFFICERS, FREQUENCY OF MEETINGS AND ATTENDANCE REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR c INCORPORATION INTO THE MONROE COUNTY CODE OF 0 ORDINANCES AND PROVIDING 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 U) 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 electors in years with a primary election; and 06 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 andCN Ordinance No. 041-1994 as they inadvertently were not previously codified in the Monroe County Code; and WHEREAS, the Duck Key Security District was created under the statutory authority of F.S. 125.01(q) 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. 2906 WHEREAS, The DKSAB has made recommendations that set forth term limits, frequency of meetings, and attendance of meetings relating to the DKSAB; and 0 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; 0 A NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: � . SECTION 1: Section 22-127 of Chapter 22 Special Districts shall be created to re-adapt Ordinance No. 005-1992, as amended by Ordinance 012-1994 and Ordinance No. 041-1994, and as amended herein to read as follows: Section 22-127. Duck ILel Seen District created. (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. CL The name of the District shall be known as the DUCK KEY SECURITY DISTRICT, hereinaller < the District. (3) PURPOSE OF DISTRICT. The District shall be established for the sole and restricted purpose of providing security services or the District. 06 (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. CN 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. 2907 II M.12.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 terms of three years. The initial 0 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 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: c� 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. Contract with the county or private agencies for increased levels of law enforcement protection, including additional personnel; e. Make and collect non ad valorem assessments to finance the law enforcement services authorized in this section; S E f. Exercise all lawful powers incidental to the effective and expedient exercise of the0. forgoing powers. U) 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) 06 consecutive terns 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. E 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 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. 2908 M.12.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 $20.00 per unimproved lot. If the referendum is disapproved by the voters, then the Governing Body shall 0 take no further action pursuant to this ordinance and shall act with dispatch to repeal the same. If approved, and for the years following the initial year, the Advisory Board shall annually prepare a budget and submit it for acceptance, rejection, or modification by the Governing Body and the 2 imposition of such non ad valorem assessments as may be needed. Except as provided in paragraph 8, there shall be no need for referenda in subsequent years unless an assessment increases more than ten percent (10%) over the previous year or increases to more than the sum of$-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 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. 0 Lots with houses under construction on January 1't of each year shall pay the unimproved lot assessment unless the construction thereon has been substantially completed by January 1" of 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. S 0 CL CL (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. 06 (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 CN 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. c� Page 4 of 5 Packet Pg. 2909 M.12.c SECTION 2: SEVERABILTTY. 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. 0 A 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 2 n SECTION 4: 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 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of 5eptenber ,2014. 0 Mayor Sylvia Murphy 'des Mayor Pro Tem Danny Kolhage ie Commissioner Heather Carruthers Yee Commissioner George Neugent Absent CL C, Commissioner David Rice Yes < U)IN } BOARD OF COUNTY COMMISSIONERS Nk ealf ,41EAVILIN,Clerk OF MONROE COUNTY,FLORIDA a 11 ... 06 By.......... � � � � y H epu Clerk Mayor/Chairperso CN hR N R 9 E ' S h 0 betas � � . ,..N < � � �u gun P � E c� Page 5of5 Packet Pg. 2910 M.12.d Bio March 2, 2020 Jon Porter 306 Seagrape Duck Key, FL 33050 Cel: 305-240-9044 EM: duckkey832@gmail.com 0 Duck Key resident since 1996. Member of DKPOA, attend the island cleanup days and the annual meetings 2 A We moved to the Homestead area when I was 2 years old, when my mom and dad were stationed at Homestead Air Base, I had friends in the Keys and would come down to fish, dive and enjoy the islands all through my childhood and young adult life. In 1996 we bought our house on Duck Key after losing our house in Andrew and I have called Duck home ever since. Started a drilling and blasting company in 2008 called HSB/High Sierra Blasting, in Lake Tahoe, NV. I am in the process of starting another business here with a partner that will be a locally based company and provide employment for residents of Monroe County, and providing services within Monroe as well, operational by Spring of 2020. 0 I am very much so focused on providing local work so residents can enjoy what the Keys have to offer; we will be active in the community with the new business and I am very much so looking forward to starting another company that will be based here in the Keys. 0 0 0 E c� Packet Pg. 2911