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Ordinance 010-2011 ,-eib,,, ,,.. r .„,„,„,. _....,,,:,,,,,, 1 %7 .1:47.; MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 010 - 2011 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 2 -428, PLANNING COMMISSION MEMBERS; COMPENSATION; CONCERNING PLANNING COMMISSION COMPENSATION AND THE NUMBER OF MEETINGS FOR SUCH COMPENSATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning & Environmental Resources Department is proposing an amendment to the text of §2 -428 of the Monroe County Code (MCC), which concerns the required compensation to the Planning Commission members and the total number of public hearings /meetings required to be held by the Planning Commission in a given year; and WHEREAS, as the amendment affects the Planning Commission and is related to another amendment concurrently being processed by the Planning & Environmental Resources Department to MCC § 102- 20(i), the Planning Commission was presented the proposed amendment to obtain comments and suggestions; and WHEREAS, the current compensation rate in MCC §2 -248 for the Planning Commission members is $9,600.00 for 24 regularly scheduled meetings plus $100.00 per meeting for additional meetings in excess of those regularly scheduled pursuant to Ordinance 021- 2004; and WHEREAS, the current reference in MCC §2 -248 to 24 regularly scheduled meetings is inconsistent with §102-20 which requires bi- monthly regular meetings and also gives the Planning Commission the month of August with no meetings (hence requiring only 22 regular meetings); and WHEREAS, in companion legislation in the Land Development Code, in order to reduce unnecessary costs to the County and improve efficiency, staff is recommending regularly scheduled meetings to be held at least once monthly thus requiring only 12 meetings per year with the ability to hold other meetings as necessary; and WHEREAS, decreasing the number of regularly scheduled meetings from bi- monthly to monthly will consolidate planning staff resources, information technology staff services, courier services, and other county resources for necessary meetings while maintaining the required level of project review and service by the Planning Commissioners. NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section § 2 - 428 shall be amended as follows: Sec. 2 — Planning commission members; compensation. The members of the planning commission shall be compensated an annual salary at the rate of $9,600.00 per year, regardless of whether the commission is meeting as the local planning agency, or planning commission. The salary is not to be provided in a lump sum and shall be provided to Planning Commissioners according to Monroe County's payroll schedule. Nothing contained herein shall be construed to restrict payment to the members for expenses payable as otherwise authorized by state statutes. Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3. Conflicting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK • • Z Section 4. Inclusion in the Monroe County Code. 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 marking system of the Code. Section 5 . Effective Date. This ordinance shall be filed with the Department of State as provided in §125.66(2), Florida Statutes and shall be effective as provided by law. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17thday of August , 2011. Mayor Heather Carruthers Yes Mayor pro tem David Rice Yes Commissioner Kim Wigington Yes 4 0400 :® Commissioner George Neugent Yes Commissioner Sylvia Murph Yes y v �= t o UNTY BOARD OF COUNTY COMMISSION �` `_ L. KOLHAGE, CLERK By / By I Deputy lerk Mayo Hea ilr Carruthers Q co MONRO COUNTY ATTORNEY CD LCD PPg . AS TO fOJiM Q1 C-) 'a Z �� Q II ■ LL Cn © C.D Lai .cc o` _,- ?. MONROE COUNTY COURTHOUSE BRANCH OFFICE: � GOUNT 500 WHITEHEAD STREET, SUITE 101 +t• •' �,. .••. � ., c ) PLANTATION KEY . - „'off 1 KEY WEST, FLORIDA 33040 i� : '` "•,P, GOVERNMENT CENTER TEL. (305) 294-4641 # t _ * 88820 OVERSEAS HIGHWAY FAX (305) 295 -3663 % ' i I ' PLANTATION KEY, FLORIDA 33070 I 1 gyp '•” ,,: o o- i TEL. (305) 852 -7145 BRANCH OFFICE: ` • % , , F ` � FAX (305) 852 -7146 MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD O NROE OUNTY TEL. (305) 289 -6027 PLANTATION KEY, FLORIDA 33070 FAX (305) 289 -1745 www.clerk -of- the - court.com TEL. (305) 852 -7145 FAx (305) 853 -7440 August 30, 2011 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7010 1670 0001 0244 7600 Dear Ms. Cloud, Enclosed please find certified copies of the following: Ordinance No. 010 -2011 amending Monroe County Code Section 2 -428 concerning Planning Commission Compensation. Ordinance No. 011 -2011 amending Monroe County Code Section 102 -20, Planning Commission, meetings hearings and procedure, to modify the requirement of bimonthly planning commission regular meetings to monthly planning commission regular meetings and to modify the types of applications that may be heard at a Special Meeting. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on August 17, 2011. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Municipal Code via e-mail County Attorney via e-mail Growth Management via e-mail File U.S. Postal Service,,, CERTIFIED MAIL,, RECEIPT o (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com ru Postage Mall 0 Certified Fee , O \ Return Receipt Fee Postmark ,, O (Endorsement Required) r Here c3 ds Restricted Delivery Fee ` u (Endorsement Required) i 1 N ..1] Total Postage & Fees Millir,1111 \ S ent To 2 O Administrative Code & Weekly o gtreet, Apt. No.; N 0500 o0oBronough Street ° Ptell 9 affahsee FL 32399 -0250 ("Kb 1° PS Form 3800 . August 2006 See Reverse for Instructions - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent • Print your name and address on the reverse X ❑ Addressee :I so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. cc C� A G D. Is delivery a WorrTlEem 1? ❑ Yes 1. Article Addressed to: If YES, very bRie ❑ No Ms. Liz Cloud, Progam Admin. SY k)2 L11" Administrative Code & Weekly R.A. Gray Building 100 S Bronough Street Tallahassee FL 32399 -0250 3. Service Type Certified Mall ❑ Express Mail Ordinances 010 & 011 -2011 ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7 010 1670 0001 0 2 4 4 7600 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02- M-1540 c < q v. of � Ya . "� f4 A. FLORIDA DEPARTMENT of ST E RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING Governor Secretary of State September 7, 2011 Honorable Danny L. Kolhage - - o rrl Clerk of the Circuit Court 'ti _Ti Monroe County is 500 Whitehead Street, Suite 101 E z. rn Key West, Florida 33040 z Attention: Pamela G. Hancock, Deputy Clerk ' c o Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated August 30, 2011 and certified copies of Monroe County Ordinance Nos. 010 -2011 and 011 -2011, which were filed in this office on September 2, 2011. Sincerely, i 0. Liz Clou Program Administrator LC /vm ja r..., K A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov Commemorating 500 years of Florida history www.fla500.com YIVV UM MI YIVA FlfRIDASQD.