Item M6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 19,2002
Division: Grnwth MJm~gpmpnt
Bulk Item: Yes
No X
Department: N/ A
AGENDA ITEM WORDING: Approval of Stipulated Settlement Agreement between the Florida
Department of Community Affairs, Monroe County, Hawk's Cay Investors, Ltd., and Hawk's Cay
Developers, Ltd.
ITEM BACKGROUND: The DR! amendments for Hawk's Cay development, approved by the Board of
County Commissioners on February 12, 2002, were appealed by the Florida Department of Community
Affairs and cross-appealed by Hawk" Cay Investors/Hawk" Cay (collectively known as "Hawk's Cay
Resort") to the Land Adjudicatory Commission, Case No. APP-02-001. The parties have reached a
proposed stipulated settlement agreement that addressees the objections raised by the Florida Department
of Community Affairs concerning the vesting from the County's Rate of Growth Ordinance (ROGO) of
the additional 28 hotel and 18 employee units authorized by the DR! amendments.
The proposed stipulated settlement agreement requires that Hawk's Cay Resort submit a Notice of
Proposed Change (NOPe) to the County, DCA, and South Florida Regional Planning Council that
amends the approved DR! the terms and conditions set forth in Exhibit A. This amendment is to be
processed and presented to the Board of County Commissioners for its consideration.
As proposed in Exhibit A, the proposed amendments to the DR!: (1) reduce the number of bedroom and
bathroom combinations for the additional market rate hotel units to two (2) bedrooms and two and a half
(2.5) bathrooms each; and, (2) require that the 28 market rate hotel units and 18 affordable hotel staff
units obtain allocations under ROGO or obtain similar development rights prior to construction of the
units. Any transfer of exempt units from a municipality (i.e., City of Marathon) will require approval by
that jurisdiction's governing body.
PREVIOUS RELEVANT BOARD ACTION: The BOCC approved amendments to the DRI and Major
Development in Resolution 037-2002 on February 12,2002.
CONTRACTIAGREEMENTCHANGES: NM
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
BUDGETED: Yes
No
N/A
COST TO COUNTY: N/ A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A YEAR
APPROVED BY: County Attorney X
Risk Management
N/A
DIVISION DIRECTOR APPROVAL:
,AICP
DOCUMENTATION: Included ---1L
To follow
DISPOSITION:
AGENDA ITEM #:
Not Required
/11h
"
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
IN RE: A DEVELOPMENT ORDER ISSUED
BY MONROE COUNTY WITHIN THE
FLORIDA KEYS AREA OF CRITICAL
STATE CONCERN APPROVING AN
AMENDMENT TO A DEVELOPMENT
OF REGIONAL IMPACT KNOWN AS HAWK'S CAY
CASE NO.: APP-02-001
STIPULATED SETTLEMENT AGREEMENT
This Stipulated Settlement Agreement is entered into between the State of Florida, Department of
Connnunity Affairs (the DCA), Monroe County ("County"), Hawk's Cay Investors, Ltd., and Hawk's Cay
Developers, Ltd. (collectively, "Applicant"), as a complete and final settlement of all claims raised in the
Appeal and Cross-Appeal in the above-styled proceeding.
RECITALS
WHEREAS, the State of Florida, Department ofConnnunity Affairs ("DCA"), is the state land
planning agency and has the authority to administer and enforce Chapter 380, Florida Statutes, which
includes provisions relating to developments of regional impact; and
WHEREAS, Monroe County ("Local Government") is a local government with the duty to
consider proposed amendments to development of regional impact development orders; and
WHEREAS, Hawk's Cay Investors, Ltd., and Hawk's Cay Developers, Ltd. (collectively
"Applicant") are the owner and developer ofa Development of Regional Impact (DRI) in unincorporated
Monroe County known as Hawk's Cay; and
WHEREAS, the Hawk's Cay DRI Development Order was originally issued by Monroe County as
Resolution No. 365-1986 on December 5, 1986; and
WHEREAS, on October 12, 2001, the Applicant applied to the County for an amendment to the
DRI to include 28 additional hotel units and 18 additional staff units; and
WHEREAS, on February 12,2002, the Monroe County Board of County Commissioners
approved the application through Resolution 037-2002 and took the position that the approved additional
units are exempt from the Monroe County residential Permit Allocation System under its Rate of Growth
Ordinance (ROGO); and
WHEREAS, the DCA timely filed a Notice of Appeal and a Petition initiating an appeal to the
Florida Land And Water Adjudicatory Commission (FLW AC) pursuant to Section 380.07, Fla. Stat., taking
the position that the approved units are subject to ROGO; and
WHEREAS, the Applicant timely filed a Notice of Cross-Appeal and a Petition initiating a Cross-
Appeal to FLW AC pursuant to Section 380.07 challenging another provision of Resolution 037-2002; and
WHEREAS, the parties desire to resolve their dispute amicably, without the necessity of a lengthy
administrative proceeding and judicial appeals;
NOW, THEREFORE, the parties covenant and agree to settle the above-styled case on the
following terms:
1. Pursuant to Florida Statute Section 380.06(19)(e)2., the Applicant shall send a Notice of
Proposed Change (NOPC) to the County, DCA and the South Florida Regional Planning Council, to
incorporate in the Development Order the additional terms and conditions set out in Exhibit "A" attached
hereto and incorporated by reference. The 18 affordable hotel staff quarters shall consist of 12 units each
with 2 bedrooms and 1 12 baths; 3 units each with 2 bedrooms and 2 baths; and 3 units each with 2
bedrooms and 1 bath.
2. Monroe County Growth Management Division shall process and recommend approval of
the NOPC as expeditiously as possible consistent with the minor change requirements of Section
380.06(19)(e)2., Fla. Stat.
3. In a letter from Secretary Steve Seibert to the Honorable Charles McCoy dated April 15,
2002, the Department provided notification of appeal of Monroe County Resolution No. 037-2002, relating
to the Hawk's Cay Expansion DRI. In that letter it is stated that "... in this case I have found it necessary to
de-couple the wastewater issue from the development order issue." It is understood by all parties hereto that
in entering into this settlement agreement the Department takes no position, neither endorsing nor
opposing, any development order condition relating to the provision of wastewater treatment to Duck Key
and Indies Island. In regard to Conch Key, the Department supports the use of the Hawk's Cay wastewater
facility as one option of providing cost feasible wastewater service.
4. Upon the full execution of this agreement and upon the adoption of the DRI amendments
in Exhibit A hereto by the Board of County Commissioners, and no later than five (5) days after the later
action, the DCA shall voluntarily dismiss with prejudice its pending appeal in the above-styled case, and
shall not file a subsequent appeal challenging the minor changes reflected in Exhibit "A." The parties agree
that the changes in Exhibit "A" constitute changes that are not substantial deviations and are similar in
nature, impact and character to the changes enumerated in Florida Statute Section 380.06(19)( e )2.,
subparagraphs a-i, and do not create the likelihood of any additional regional impact. The parties further
agree that the proposed changes are consistent with the Momoe County Comprehensive Plan, Land
Development Regulations and Principles for Guiding Development in the Florida Keys.
5. Within five (5) days of the DCA filing a dismissal with prejudice pursuant
to paragraph 3. above, the Applicant shall voluntarily dismiss with prejudice its pending cross-appeal in the
above-styled case.
6. If necessary after the full execution of this agreement, the parties shall file a joint motion
in the above-styled case requesting that the FL W AC hold the pending appeal and cross-appeal in abeyance
and waive the 60-day requirement for FL W AC action for a time sufficient to allow the amendment process
described above to be completed, including reasonable extensions of time as may be necessary. If
necessary, this motion or request shall meet the time frames set forth in Rule 42-2.008(4), Fla. Admin.
Code.
7. In the event ofa breach of this agreement, all parties retain and shall be entitled to the
administrative and judicial remedies to which they would be entitled on the date that this agreement is
executed.
8. This Agreement affects the rights and obligations of the parties under Chapter 380, Fla.
Stat. It is not intended to determine or influence the authority or decisions of any other state or local
government or agency in issuance of any other permits or approvals which might be required by state law
or local ordinance for any development authorized by this Agreement. Any amendment to or modification
of this Agreement shall not be effective unless contained in a writing signed by the parties.
9. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall together constitute one and the same agreement. Counterparts of
this Agreement with facsimile signatures shall be deemed original counterparts for all purposes; however,
each party shall promptly furnish counterparts with original signatures upon request. The effective date
and date of execution of this Agreement shall be the date that the last party signs and acknowledges this
Agreement.
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS
Date
Sonny Timmerman, Director, Division
of Community Planning, for the Florida Department
of Community Affairs
STATE OF FLORIDA
COUNTY OF LEON
Sworn to (or affIrmed) and subscribed before me this _ day of ,2002, by Sonny Timmerman,
who _ is personally known to me or _ has produced as identification
Notary Public
State of Florida
My commission expires:
HAWK'S CAY DEVELOPERS, LTD.
A Florida Limited Partnership
Hawk's Cay Development, Inc.
A Florida Corporation, General Partner
By:
Donald H. Johnson, President
STATE OF FLORIDA
COUNTY OF
Sworn to (or affIrmed) and subscribed before me this _ day of , 2002, by
, who _ is personally known to me or _ has produced as identification
Notary Public
State of Florida
My commission expires:
HAWK'S CAY INVESTORS, LTD.
A Florida Limited Partnership
Hawk's Cay Management, Inc.,
A Florida Corporation, General Partner
By:
Donald H. Johnson, President
STATE OF FLORIDA
COUNTY OF
Sworn to (or affIrmed) and subscribed before me this _ day of , 2002, by
, who _ is personally known to me or _ has produced as identification
Notary Public
State of Florida
My commission expires:
MONROE COUNTY BOARD Of COUNTY
COMMISSIONERS
By:
Charles "SODDY" McCoy, Mayor
Date
STATE OF FLORIDA
COUNTY OF
SworD to (or aftlrmed) lUld 3~ribcd bcrore 1M WI _ day of .2002. by Charlca
"Soany" McCoy, who _ is personally DOwn to me or _ hu produced u identification
Nol:llty Public
State of Florida
My conunimoa expires:
EXHIBIT A TO SETTLEMENT AGREEMENT
HAWK'S CAY DRI AND MAJOR DEVELOPMENT
PROPOSED AMENDMENTS
1. Further revise condition 9.1a as follows:
The applicant may construct a maximum of 297 guest units consisting of
combinations of no more than (iG. 614 bedrooms and 6S4.S 626.5 bathrooms at
Hawk's Cay. he Applicant ae:rees that the 28 additional market rate units approved
in Resolutions 037-2002 adopted on February 12. 2002 shall each contain two
bedrooms and 2.5 bathrooms. The Applicant further ae:rees that the 28 additional
market rate units and the 18 affordable hotel staff Quarters described below shall be
subiect to the provisions of the Monroe County Comprehensive Plan that limit the
number of permits for new residential development in order to maintain hurricane
evacuation clearance times established in the Plan. Therefore. Monroe County shall
issue buildine: permits for the 28 market rate units and for the 18 affordable units
only at such time as the Applicant receives a Rate of Growth Ordinance (ROGO)
allocation under the Permit Allocation System. or the Applicant aCQuires and
extine:uishes an eQuivalent number of bedroom/bath combinations from a site or
sites within the Middle Keys subarea. as defined in Monroe County Code Section
9.5-120.2b. or from within another subarea ifthe Monroe County Comprehensive
Plan and/or Monroe County Code is amended to provide authorization. If the site
of the aCQuired units is within a separate municipality. that municipal e:overnment
must. by resolution. approve the extine:uishments and acknowlede:e that any new
units on the site of the aCQuired units must receive a ROGO award. [remaining text
unchanged]
2. Further Revise Condition 9.1h as follows:
The Second Supplemental Attachment G2 is modified to conform to the reduction of
bedrooms and bathrooms specified in condition 9.1a.
RESOLUTION NO. _ - 2002
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA
APPROVING AMENDMENTS TO THE DEVELOPMENT OF
REGIONAL IMPACT (DRI) DEVELOPMENT ORDER,
RESOLUTION NO. 365-1986, AND MODIFICATIONS TO THE
HAWK'S CAY EXPANSION DRI; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, on December 5,1986, after a public hearing, the Momoe County Board of
County Commissioners (Board), adopted Resolution No. 365-1986, a Development Order issued
under Chapter 380, Florida Statutes (F.S.), for a Development of Regional Impact (DRI) known as
the Hawk's Cay Expansion DRI; and
WHEREAS, on September 18,1996; February 23, 1998; and December 8,1999; the Momoe
Country Board of County Commissioners approved amendments to the DRI and Major
Development in Resolution 335A-1996, 086-1998, 616-1999, and respectively; and
WHEREAS,. on October 12, 2001, Hawk's Cay Investors, Limited, and Hawk's Cay
Developers, Limited (hereinafter Applicant), proposed a non-substantial change pursuant to
Section 380.06(19)(e) 2., F.S. to the 1986 DRI Development Order, as amended, by filing a Notice
with Momoe County, the South Florida Regional Planning Council, and the Department of
Community Affairs in accordance with Section 380.06(19), F.S., and
WHEREAS, the Applicant proposes to revise the DRI master plan for the DRI as approved
to create Corridor 5 which will include an additional 28 hotel units and 18 new staff units; and
WHEREAS, on October 12, 2001, the Applicant also flied an application for modifications
to the 1986 Major Development (hereinafter modifications), as previously amended; and
WHEREAS, during the review process, the Monroe County Planning COmmission, after
due notice and public participation in the hearing process, reviewed the proposed amendments
and modifications to the DRI and Major Development; and
WHEREAS, on February 6, 2002 the Planning COmmission recommended approval of the
proposed changes and modifications to the DRI and Major Development; and
WHEREAS, the Momoe County Board of County Commissioners (Board) is the local
government body having jurisdiction over the review and approval of the DRI, in accordance with
Section 380.06, F.S. (2000); and
WHEREAS, the public notice requirement sof Monroe County for consideration of the
proposed change have been made; and
WHEREAS, the public was afforded an opportunity to participate in the public hearing and
all parties was afforded the opportunity to present evidence and argument on all issues; and
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WHEREAS, the Board has reviewed the above referenced documents, the related
recommendations of the Planning Commission, as well as all related testimony and evidence
submitted by the parties and members of the general public;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA:
Section 1. This Resolution revokes and replaces Resolution No. 037-2002 adopted on
February 12, 2002.
Section 2. The changes proposed by the Applicant in its DR! notification, as modified
hereby, do not constitute a substantial deviation pursuant to Section 380.06(19), F.S.
Section 3. Resolution No. 365-1986, the 1986 DR! Development Order, as previously
amended, for the Hawk's Cay Expansion DRI, shall be further amended as follows:
1. Substitute revised Master Development Plan Dated December 14, 2001 attached hereto for
the June 12, 2001 revised Master Development Plan, attached to the Development Order as
Exhibit One and referenced in Condition 1.12.
2. Revise the third "WHEREAS" clause as follows:
WHEREAS, Hawks Cay Resort when completed will be a hotel type destination resort
consisting of 297 hotel suites, conference facilities, retail areas, restaurants, and recreational
facilities on approximately 58.8 acres of land located in unincorporated Monroe County, Florida
on Indies Islands at Duck Key; and
3. And three new "WHEREAS" clauses immediately after the third "WHEREAS" clause as
follows:
WHEREAS, Monroe County has experienced a severe shortage of affordable housing and
the number-of affordable housing units that can be built is limited under the Monroe County Year
2010 Comprehensive Plan; and
WHEREAS, the Applicant proposes to build eighteen (18) new staff units for use as
affordable housing; and
4. Revise Condition 1.12 as follows:
The land uses approved by this development order shall be on the Master Development
Plan attached hereto as Exhibit 1 for the DR! development located at Duck Key. This exhibit is
incorporated into this Development Order.
2
5. Revise Condition 9.1a as follows:
The Applicant may construct a maximum of 297 guest units consisting of combinations of
no more than 614 bedrooms and 626.5 bathrooms at Duck Key. The Applicant agrees that the 28
additional market rate units shall each contain two (2) bedrooms and two and a half (2 Y2)
bathrooms. The Applicant further agrees that the 28 additional market rate units and the 18
affordable hotel staff quarters described below shall be subject to the provisions of the Monroe
County Comprehensive Plan that limit the number of permits for new residential development in
order to maintain hurricane evacuation clearance times established in the Plan. Therefore, Monroe
County shall issue building permits for the 28 market rate units and for the 18 affordable hotel staff
units only at such time as the Applicant receives a Rate of Growth Ordinance (ROGO) allocation
under the permit allocation system., if applicable, or the Applicant acquires and extinguishes an
equivalent number of bedroom/bath combinations from a site or sites within the Middle Keys
subarea, as defined in Monroe County Code Section 9.5-120.2b. If the site of the acquired units is
within a separate municipality, that municipal government must, by resolution, approve the
extinguishments and acknowledge that any new units on the site of the acquired units must receive
a ROGO award, and all of the foregoing shall be subject to appropriate Monroe County
Development approval, taking into account the number of bedrooms and baths in the market rate
units and the affordable hotel staff quarters. For purposes of this Development Order, those
"affordable hotel staff quarters" shall be defined as new rental units that re restricted to (1) a
maximum monthly rent of 30 percent of the median adjusted gross annual income for households
within Monroe County divided by 12; and (2) units exclusively housing Hawk's Cay resort staff.
Prior to the issuance of any certificate of occupancy for any structure containing the staff quarters,
a restrictive covenant(s) running in favor of and enforceable by Monroe County or any resident of
Monroe County shall be filed in the official records of Monroe County. The covenant(s) shall be
effective for thirty (30) years but shall not commence running until a certificate of occupancy has
been issued by the building official for the staff quarters units to which the covenant or covenants
apply.
6. Revise Condition 9.1h as follows:
All new guest units constructed shall adhere to one of the architectural styles and one of
the representative floor plans depicted in Attachment G2 to the "Hawk's Cay Expansion Project
Community Impact Statement" updated May 20,1997, or submitted as Supplemental Attachment
G2 with the Notification of Proposed Change to a Previously Approved DR! for the Hawk's Cay
DR! dated December 1997, or submitted as Second Supplemental Attachment G2 with the
Notification of Proposed Change to a Previously Approved DR! for the Hawk's Cay DR! dated
November 27, 2001. The Second Supplemental Attachment G2 is modified to conform to the
reduction of bedrooms and bathrooms specified in Condition 9.1a.
Section 2. Those provisions of the DR! Development Order, Resolution No. 365-1986, as
amended, and the Major Development approval, as amended, which are not further amended by
this Resolution shall remain in full force and effect.
Section 3. A certified copy of this Resolution, with all exhibits, shall be furnished by the
County by certified mail, return receipt requested, to the Applicant, the South Florida Regional
3
Planning Council, and the Florida Department of Community Affairs within 10 days of its
adoption by the Board.
Section 4. The Applicant shall record a notice of this Resolution pursuant to Section
380.06(15), F.S. (2000).
Section 5. This Resolution shall take effect upon its adoption.
7. Add new Special Conditions in Section 13 as follows:
The Applicant and all successors in interest, shall hereby relinquish any and all rights to
seek vesting or any other means to reclaim units contemplated by the original Development of
Regional Impact (DRI). This DRI amendment shall constitute the final and maximum number of
units, which may exist pursuant to this DRI.
Section 4. Those provision of the DRI Development Order, Resolution No. 365-1986, as
amended, and the Major Development approval, as amended, which are not further amended by
this Resolution shall remain in full force and effect.
Section 5. A certified copy of this Resolution, with all exhibits, shall be furnished by the
County by certified mail, return receipt requested, to the Applicant, the South Florida Regional
Planning Council, and the Florida Department of Community Affairs within 10 days of its
adoption by the Board.
Section 6. The Applicant shall record a notice of this Resolution pursuant to Section
380.06(15), F.S. (2000).
Section 7. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19th day of June, 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
BOARD OF COUNfY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Mayor Charles "Sonny" McCoy
4
County of Monroe
Growth Management Division
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: (305) 289 2500
FAX: (305) 2892536
Board of County Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Dixie M. Spehar, Dist. 1
Comm. Bert Jimenez, District 4
Comm. MUlTay Nelson, District 5
Comm. George Neugent, District 2
MEMORANDUM
TO:
Board of County Commissioners
Timothy J. McGarry, AIC~
Director of Growth Mana~ I
June 19,2002
FROM:
DATE:
SUBJECT:
Suggested Revision to Both Exhibit A of the Hawk's Cay Stipulated II
Settlement Agreement (Item M 6) and Revised Condition 9.1 a. of the Hawk's
Cay DRI Development Order
In reviewing the Stipulated Agreement, the staff found that language concerning the affordable
housing was inadvertently left out of Exhibit A of the Settlement Agreement and Proposed Revised
Condition 9.1 a. The language of the second sentence of paragraph 1 of the Settlement Agreement
should be inserted in both Exhibit A and Proposed Revised Condition 9.1 at the end of the
proposed text. This sentence reads as follows: "The 18 affordable hotel staff quarters shall
consist of 12 units each with 2 bedrooms and 1 ~ baths; 3 units each with 2 bedrooms and 2
baths; and 3 units each with 2 bedrooms and 1 bath."
Cc: Danny Kolhage, Clerk ofthe Court
James Roberts, County Administrator
James Hendrick, County Attorney
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May 17, 2002
Monroe County Board Of County Commission
Oamaron BUilding, Suite 2
99198 Overseas Highway
Key Largo, FL 33037
Fax: 305-852-7162
Attn: CommissIoner Murray Nelson
./) ?J <rc etf' ~c",~jQn
k ~ ::-a?
Dear County Commissioner Nelson:
Let me introduce myself. I am the President of "Duck Key Property Owners
Association" (DKPOA) Our organization represents close to 400 residents of Duck
Key. Monroe County
Recently you received a misleading letter from a Mr. Gottschalk and two refired officers
from our organization, I am writing to set the record straight
First of all Mr. Gottschalk inapproprii3tely signed his May 6, 2002 letter as Vice
President of Duck Key Property Owners Association. I want to make It clear that Mr.
Gottschalk's letter and his opmions do not represent the views or the consensus Of our
membership. In fact 1he exact opposite is true.
The majOrity of our members are not in favor of building additional condominium units
on Duck Key. Further they want the wastewater treatment Issue separated from the
DR/ so that an infonned choice conc~~rning a wastewater treatment system can be
made without pressure from private developers or the county,
It offends me that these people would attempt to use our Duck Key Property Owner's
ASSociation name to add ethic appeal to their opinion WIThout our authorization or
consent
I feel confident that when you examine the situation your course of action wilt be to
support the majority and nct be misled by a group that represellts less than 5% of our
membership.
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Commissioner Nelson, thank you for your support and care for our island. Please don't
hesitate to call on us if we can be if assistance in the important work that lies ahead of
you.
Sincerely,
Duck Key Property Owners Association
WL'l..
Arthur J. APkanaJ
President
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Enclosure: Letter To Rap Ken Sorensen
God
llt-g:OI GO SO unL'
AFFIDA VIT
Alene Teynor, being of full age and duly sworn, hereby deposes and says:
1. I own a property located at 308 Cypress Street, Duck Key, Florida. Since
January of2002 I have been and continue to be the duly elected secretary of the
Duck Key Property Owners Association.
2. The Duck Key Property Owners Association BY-LAWS provide in part as
follows:
SECTION V - MEETINGS
ARTICLE 6: Each member shall be entitled to one vote only, on any issue,
regardless of the extent of his holdings on Duck Key
SECTION II - MEMBERSHIP
ARTICLE 2: Each property owner shall be entitled to one membership only,
regardless of the extent of his holdings on Duck Key. In the case ofjoint or
multiple ownership, the owners of any property or properties shall decide amongst
themselves which individuals shall be designated as the "voting" member and
shall notify the Association accordingly.
SECTION V - MEETINGS
ARTICLE 7: Any member may designate a person of his choice as his
representative with power to vote in his stead. The name of such representative
must be recorded in writing with the Association in advance before such
representative will be recognized.
3. No Duck Key Property Owners Association member registered a
designated person to vote on his behalf, for the February 3, 2002 meeting.
4. Contrary to the Provisions of Section V - Meetings, Article 1, the paid up
Duck Key Property Owner Association members were not given thirty days (30)
days written notice of the February 2,2002 meeting, "date of notice being
considered the date of mailing, and at the last address recorded by the member on
the books of the Association."
a~~ ~ 7ft-'
Alene Teynor
Dated on the I ~ay of June 2002.
STATE OF OHIO
)
)ss:
COUNTY OF OTTAWA)
This Affidavit was signed before me on this ]~ day of June 2002, by Alene
Teynor, a person known to me. ~,~ .
otary Public, State of Ohio ~
Printed Name SANDRA D
M '" r ESER
y commISSIon explf~TJl.RY pi, ':'1::: " i:'-':'JF OHIO
MY COMMiSSluN I:XPiHES 08-27-06
(Y\.~
Commissioner Nelson, thank you for your support and care for our island. Please dOln
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The Honorable Ken Sorenson PHD
House of Representat,,,es
P.O, Box 699
Tavernier, FL 33070
Dear Representative SOienson,
Let me introduce myself. I am the President of "Duck Key Property Owners
AssociatIon" IDKPOA) Our organizgtion represe!1ts close to 40J residents of Duck
Key, Monroe County.
Recently yol,; receIved a misleading letter from a Mr. Ed Gottschal~. and I am wnting to
set the record straight
First of all Mr Go:tschalk Inapproprfately signed his May 6, 2002 fetter as Vice
President of Duck Key Property Owners Associatior.. I want to make It clear that Mr.
Gottschalk's letter and opInions do not represent the views or the consensus of our
members'Iip. !n fact the exact Opposite is trlJe.
Tt':e majority of OlJr members are net in favor of bui:dlng additionai condominium units
on Duck Key. Further they want the wastewater treatment lss~e seoarated from tl18
DRl so that ar. informed choice concerning a wastewater treatment system ca'l be
made without pressure from private developers or the county.
We feel very fortunate to have a representative like you that cares about the
Improvement process of our IslandS and we look forward to your contnued supocrt for
Duck Key,
Please don't hes:tate to call on us if we can be If assistance to your office
Sincerely,
Duck Key Property Owners Association
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Arthur J. AP~~an (\.1
President '- \.
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