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Ordinance 014-1996 • Growth Management Division ORDINANCE NO. 014-1996 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DECLARING THAT AN EMERGENCY EXISTS AND WAIVING NOTICE BY A FOUR-FIFTH'S VOTE; AMENDING MONROE COUNTY CODE § 2-1.1 TO PROVIDE THAT THE HEARING OFFICER WHOSE EMPLOYMENT IS AUTHORIZED UNDER THAT = • -71 ORDINANCE IS TO BE COMPENSATED AT THE RATE a, OF $150.00 PER HOUR, AND AMENDING CERTAIN -2 -,- o • REFERENCES TO THE MONROE COUNTY CODE FOR ' CO 'T, CONSISTENCY WITH THE NEWLY EFFECTIVE = !. MONROE COUNTY YEAR 2010 COMPREHENSIVE =' - PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES o INCONSISTENT HEREWITH; PROVIDING FOR LA) INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Monroe County Year 2010 Comprehensive Plan became effective on January 4, 1996; and WHEREAS, Policies No. 101.18.1, 101.18.2, 101.18.3, and 101.18.4 of the new Comprehensive Plan outline procedures by which vested rights hearings will be conducted; and WHEREAS, Section 2-1.1, Monroe County Code, provides procedures for the hiring and utilization of a hearing officer in vested rights and beneficial use cases; and WHEREAS, the compensation to the hearing officer and certain references to Monroe County Code sections contained in Section 2-1.1, Monroe County Code, have become outdated; and WHEREAS, there is'an immediate need for the appointment of a hearing officer to perform the duties set forth in Policy 101.18.1(b)-(d); NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Monroe County Code Section 2-1.1(a) is hereby amended to read as follows: (a) There is hereby created within the office of the county administrator a hearing officer division. Individuals employed by this division shall be part-time employees as that term is defined elsewhere in this Code and entitled to all benefits accruing to such employees. Individuals so employed shall be considered employees of the county administrator and shall in no fashion be considered employees of the county attorney's office. Individuals to be employed as hearing officer shall be hired according to the method described in section 2 51(7), Monroe County Cod° by the County Administrator and shall be formerly seated Monroe County Circuit Judges. Section 2. Monroe County Code Section 2-1.1(b) is hereby amended to read as follows: (b) The employee's gross wage shall be 00 $150.00 per hour. Section 3. Monroe County Code, Section 2-1.1(c)(1) is hereby amended to read as follows: 1. Conduct beneficial use hearings and prepare recommended orders therefore according to the terms of Section 8 101, et seq., Monroe County Development Regulations the Monroe County Year 2010 Comprehensive Plan, Policy No. 101.18.5, and beneficial use procedures adopted pursuant thereto, including all preliminary matters connected therewith. Recommended orders shall be rendered according to the standards of Section 8 101, ct seq., Monroe County Development Regulations the Monroe County Year 2010 Comprehensive Plan, Policy No. 101.18.5, and beneficial use procedures adopted pursuant thereto, except to the extent that the employee, in his or her professional judgment, believes such standards are superseded by the laws or constitution of the State of Florida or the United States of America. Applications for beneficial use hearings shall be assigned to the employee at the discretion of the County Administrator or his designee. Section 4. Monroe County Code, Section 2-1.1(c)(2) is hereby amended to read as follows: 2. Conduct vested rights hearings and prepare recommended orders therefore according to the terms of Section 8 301, et seq., Monroe County Development Regula414?Rs the Monroe County Year 2010 Comprehensive Plan, Policies No. 101.18.1, 101.18.2, 101.18.3, and 101.18.4, including all preliminary matters connected therewith. Recommended orders shall be rendered according to the • standards of Section 8 301, et seq., Monroe County Development Reg, lations the Monroe County Year 2010 Comprehensive Plan, Policies No. 101.18.1, 101.18.2, 101.18.3, and 101.18.4, except to the extent that the employee, in his or her professional judgment, believes such standards are superseded by the laws or constitution of the State of Florida or the United States of America. Applications for,vested rights hearings shall be assigned to the employee at the discretion of the County Administrator or his designee. Section 5. Monroe County Code Section 2-1.1(d) is hereby amended to read as follows: (d) In performance of the above described duties-end pursuant to the authority of Section 9.5 27(c) the employee also has the responsibility to issue subpoenas to compel the attendance of witnesses and production of documents, and to administer oaths to witnesses appearing at any hearing. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 8. This ordinance shall take effect when a copy hereof has been accepted by the postal authorities of the United States Postal Service for special delivery by registered mail to the Department of State of the State of Florida. JOJO2sae/p10S01/ J7V ��p b- 1 1At A: ,6.1W GNP,' AQ •0d 01 OMAOOddr U.0,.....„...iv.D Jpq /JoAo A Belo ndaa �9 �8 Va121O1d 'A1Nf1O0 3O21NOW KO )121310 'JOVH1O)1 1 ANNVa :1911V .. S213NOISSIMOO A1Nf1O0 AO a21VO8 (1VJS) sad 4o!a21 Jauo!ss!wwo0 sad ssD 6noa Jauo!ss!wwo0 sad AaAJaH Jeuo!ss!wwo0 sad UopUol wal ad MAW, sad UDWGeJJ JOADN •9661 ' /Courtlier 10 Aop LI-6Z 9Lf uo pla4 pJno9 94, 40 6u11.99wlVza6ds a ID 'op!JolU 'A}uno0 aoJuoyy 4o sJauo!ss!wwo0 /}uno0 4o pJ0o8 NI Aq a31doav aNV a3SSVd •seouou!pJ0 4o apo0 /}uno0 eo uo!n! ay4 04u! uownaodJoou! Jo; uowJodJo0 apo0 l0dp!un►N 04 aouou!pJO NI 40 Adoo a pJ0MJo4 01 papaJ!p Agaieu s! pJ0o8 NI 40)1J910 941 •6 u0!400S § 2-1 MONROE COUNTY CODE ARTICLE I. IN GENERAL Sec. 2.1. County administration law adopted. (a) The board of county commissioners hereby expressly adopts the County Administration Law as contained in part III of chapter 125, Florida,Statutes. (b) In case of a capital project with an estimated completion cost in excess of one hundred thousand dollars ($100,000.00) and which is the subject of previously executed construction con- tract(s), the county administrator is authorized to sign and exe- cute change orders not to exceed twenty-five thousand dollars ($25,000.00) without the approval of the county commission. (c) The county administrator is authorized to sign and execute contracts not to exceed one thousand dollars ($1,000.00) for the purchase of goods or services, to execute airport sign leases, and to sign and execute contracts providing for services to be rendered by county personnel at Bayshore Manor. (Ord. No. 13-1977, § 1; Ord. No. 29-1991, § 1; Ord. No. 11-1993, § 1; Ord. No. 6-1994, § 1) Sec. 2.1.1. Hearing officer division. (a) There is hereby created within the office of the county ad- ministrator a hearing officer division. Individuals employed by this division shall be part-time employees as that term is defined elsewhere in this Code and entitled to all benefits accruing to such employees.Individuals so employed shall be considered em- ployees of the county administrator and shall in no fashion be considered employees of the county attorney's office. Individuals to be employed as hearing officers shall be hired according to the method described in section 2-51(7), Monroe County Code. (b) The employee's gross wage shall be one hundred twenty- five dollars ($125.00) per hour. (c) The employee shall have the following duties: (1) Conduct beneficial use hearings and prepare recommended orders therefor according to the terms of section 9.5-161 et seq., including all preliminary matters connected there- with. Recommended orders shall be rendered according to Supp. No. 52 54 ADMINISTRATION § 2-1.1 the standards of section 9.5-161 et seq., except to the extent that the employee, in his or her professional judgment, believes such standards are superseded by the laws or con- stitution of the State of Florida or the United States of America. Applications for beneficial use hearings shall be assigned to the employee at the discretion of the county administrator or his designee. • Supp. No. 48 54.1 • so wok b .........Co '`CE coUNTa•* Aiannp IL. i&ott,age BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3660 February 1, 1996 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud Florida Department of State Bureau of Administrative Code and Laws The Elliot Building 401 South Monroe Street Tallahassee, Fl. 32399-0250 Dear Mrs. Cloud: Enclosed please find a certified copy of Monroe County Ordinance No. 014-1996, declaring that an emergency exists and waiving notice by a four-fifth's vote; amending • Monroe County Code 2-1.1 to provide that the Hearing Officer whose employment is authorized under that ordinance is to be compensated at the rate of$150.00 per hour, and amending certain reference to the Monroe County Code for consistency with the newly effective Monroe County Year 2010 Comprehensive Plan; providing for severability; providing for the repeal of all ordinances inconsistent herewith;providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Special Meeting, in formal session, on January 29, 1996. ' e • Mrs. Liz Cloud February 1, 1996 Page 2 Please file for record. Sincerely, Danny L.Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen %ado I eputy erk cc: Mayor Shirley Freeman Mayor Pro tem Jack London Commissioner Keith Douglass Commissioner Wilhelmina Harvey Commissioner Mary Kay Reich Bob Herman, Growth Management Director County Attorney,Attn: Angela Adams County Administrator Municipal Code Corporation File . i SENDER:— — —'— — I • Complete items 1 and/or 2 for additional services. 13IS0 wish to receive the I • Complete items 3,and 4a&b. following services(for an extra fee): • Print your name and address on the reverse of this form so that we can return this card to you. 1. ❑ (kddressee's Address • Attach this form to the front of the mailpiece,or on the back if space does not permit. 2 0 Restricted Deliver • • Write"Return Receipt Requested"on the mailpiece below the article number. y • The Return Receipt Fee will provide you the signature of the person delivered to and the Consult postmaster for fee. date of delivery. 3.Article Addressed to !l,.. '''' - . ' - 4a.Article Number MRS. LIZ CLOUD- P 916 123 646 . FLORIDA DEPT OF STATE 4b.Service Type BUREAU OF ADMINISTRATIVE .CODE AND LAWS THE ELLIOT BLDG. 0 CERTIFIED 401 SOUTH MONROE ST. - - TALLAHASSEE, FL. 32399-0250 7.Date of Delivery (ORD.014-1996)• 5.Signature—(Addressee) 8.Addressee's Address (ONLY if requested and fee paid.) 6.Signature—(Agent) c:72// PS Form 3811;December 1991 • DOMES C RE RN RECEIPT ' . i i • sENDER: ; I also wish to receive the I Complete.items 1 and/or 2 for additional services. I�?tgfnplete-items 3,and 4a&b. following services(for an extra fee): ,I I N Printayour name and address on the reverse of this form so that we can return this card to yo5e. . 1. 0 Addressee's Address • At1 ch this form to the front of the mailpiece,or on the back if space does not permit. Is Write"Return Receipt Requested"on the mailpiece'below the article number. 2. ❑ Restricted Delivery •,'Jhe`Return Receipt Fee will provide you the signature of the person delivered to and the i rdate.of delivery. Consult postmaster for fee. 3:article Addressed to: ' • . 4a.Article Number MUNICIPAL CODE CORPORATION P 916 123 647 a s li"IX.0. BOX 2235 4b.Service Type I. TALLAHASSEE, FL. 3231 >I' ' l I I. /,n •• ` r 0 CERTIFIED I - : r C 1FiA 11 I, .: ` fr . y • 7.Date of Deli ery i :i ,ORDINANCE 014-1996 a, m 9( I 'S.Signature—(Addressee) \ON,.......Sta 8.Addressee's Address '` ' USPS (ONLY if requested and fee paid)I ir66:�Signature—(A ent )t PS Form 3811, December 1991. DOMESTIC RETURN RECEIPT . . . ,.....--..... ......... ..-...,,............,—.--------.- - POSTAGE —.......,747M1.,..g7,77,,,"1- -" ''"'".-"..""."•-`--."-- r—^,------ ----,- -,.4r,-=.4 POSTMARK OR DATE o , • RETURN '.rolEITSS CIIISEMAND/ RESTRICTEDE / . w RECEIPT CL . CERTIFIED FEE+RETURN RECEIPT . . ....16,.C) 0 SERVICE w cri - r- TOTAL POSTAGE AND FEES Z GI = NO INSURANCE COVERAGE PROVIDED- ILI CC SENT TO: „ . .NOT-FOR INTERNATIONAL MA _ - .--. ....„......_. , IL r3 -0 :. MEE OTHEI SIM 0.9 . -Sri& • m 'MUNICIPAL 'CODE 'CORP TION * , o z 1-mcc Ili F- ra : P.O. BOX 2235 • ,96. 4,1 . . , . , . LL .2 uj cc CC U.I _a 0 TALLAHA.S SEE, FL. V 1 6-2 2 4 t9 ). s 0 i='i- • .I. • 1 \ ....: ILI E . c.) ORDINANCE•01 41 9 9 6---- .):1 •' '' ' • -,\ -:.\-1 *-------91 493M 13-- . -I 2 LI-I- . PS FORM 3800 z < RECEIPT FOR CERTIFIED MAIL •1- cc .....a o . .. 0. UNITED STATES POSTAL SEFMCE . — . _ . . __.._•. . _ .-_ __. .-- POSTMARK OR DATE 1- . ula. I RETURN POSTAGEsmE3 0 F gviiim AND/ [121SiTyRZED 1 0 -1--;,.." _1> w 05 1 RECEIPT / SERVICE CERTIFIED FEE+RETURN RECEIPT C.--'1,;q25 W Z 1.1.1 I _13 -TOTAL POSTAGE AND FEES uj CC 0 NO INSURANCE COVERAGE PROVIDED- U- = SENT.TO.:„1. . .. ...NoT FlaTii'FraNAL•"!--• •• --•-- -- - - . .....a ...o D. -z i • -c, 1- m :'. MRS. LIZ CLOUD • •, 55040 . - a u, . ru . FLORIDA DEPT. OF ST f. • . . cc m ti,LL. • . ,j. • . o ‘1 . BTAEAU OF ADMINIS 't,A TIVE CO)4ii'AND AWS 0 . 44 . ..." rq ' THE ELLIOT BLDG. --... u)0. rr . 401 SOUTH MONROE — . ,...) LU—cc <ILI ....I 2 I0- ' TALLAHASSEE, FL. `4..3 99-Ap. 1.) ,50 . - (OR);0141.9 ) PS FORM 3800 b.. P. • OR CERTIFIED MAIL a 1- . , cc • UNITED STATES ci- . E ... POSTAL SENATES . . , .. . . - , • , • - . , . - - , • , . , . . • ' 'we. .' FLORIDA DEPARTMENT OF STATE Sandra B. Mortharn Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, Florida 32399-0250 (904) 488-8427 February 7, 1996 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk ~~ ~ -'.1 '-- :z: ,.,,.- A - , --, .. ., rr1 co N z u i.ft N Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letters dated January 29 and February 1, 1996 and certified copy each of Monroe County Ordinance Nos. 96-4 through 96-14 inclusive, which were filed in this office on February 6, 1996. Si~lY' ~ Liz Cl~Chief Bureau of Administrative Code LC/mw MUN:•-!PAL CON. CORPORATION Fippligient. Department N4:4 PO Fo- 2235 H4 `‘, 0464 ,c,-,"'"ir"" Ft 32310235 ...,/;134U.S.POSTAGt 1* gx FEB1216 virrir. LI SupplPment 59 02112!qf - n U LC" P.B.WIT2E2R4 WE iVp received the following material. Thank you for your Assistance and cooperation. Ordir,ance Nos, 001-1996, 002-1996, 003-1996, • ,)14- '936 and 026-1995. TCi fls. Ruth Ann Jant:en Deputy Clerk Monloe County PO Box 1980 Vey (1,? t, 33040 180)-262-COD6 ftlation1) EDJ Sen.f .:ca ordinances to ords@mail.AunicoJe.com Visit our home page at http://www,municode.com •