Item R8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 17, 2010 (KL)
Bulk Item: Yes ~ No
Division: County Attorney
Department County Attorney
Staff Contact Person: Cynthia Hall
AGENDA ITEM WORDING:
Approval to advertise a public hearing to consider enactment of an ordinance amending Section 23-
199(b)( 4), Monroe County Code, to remove the "excused absence for elected officials" exception
within the Tourist Development Council absenteeism policy.
ITEM BACKGROUND: The TDC was originally created by the BOCC as an advisory council on
June 16, 1981 via Resolution No. 198-1981. The TDC is composed of nine members. Of the nine,
eight are appointed by the BOCC and one is the Mayor of the County or his or her delegate. Of the
nine, six are representatives of the tourist and three are elected officials (the County Mayor and two
elected municipal officials, at least one of whom is from the most populous municipality in the
County). The TDC generally meets eight (8) times in any given calendar or fiscal year. Until January
2008, the absenteeism policy of the TDC established by the BOCC provided that any member who
missed more than three consecutive regular meetings, or any four in a given fiscal year, without
official consent of the TDC would be automatically removed and a new representative appointed by
the BOCe. In January 2008, the BOCC passed Ordinance 006-2008, which provided that the absence
of an elected official (only) due to business or travel related to his or her position would be considered
an excused absence even without the vote of the TDC.
PREVIOUS RELEVANT BOCC ACTION: Ordinance 006-2008, passed January 16,2008.
CONTRACT/AGREEMENT CHANGES: Not applicable.
ST AFF RECOMMENDATIONS: Approval to advertise a public hearing at the March 2010 BOCC
meeting, for the purpose of considering the attached proposed ordinance.
TOTAL COST: cost of advertising
BUDGETED: Yes X
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X
1}\-
APPROVED BY: County Atty W OMBlPurchasing_
AMOUNTPERMONTH_ Year
Risk Management _
DOCUMENTATION:
Included
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO. -2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 23-199{b)(4),
MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 16, 1981, the Board of County Commissioners of
Monroe County, Florida, created an advisory council known as the Monroe County
Tourist Oevelopment Council ("TOC") by passage of Resolution No. 198-1981; and
WHEREAS, the TOC is composed of nine members. Of the nine members,
six are persons involved in the tourist industry and three are elected officials. Of the
three elected officials, two are elected municipal officials) at least one of whom must
be from the most populous municipality in the county; and one is the chairperson of
the Board of County Commissioners or his or her delegate; and
WHEREAS, prior to January 16, 2008, the absenteeism policy of the TOC
passed by the BOCe and in effect provided that any member of the TOC other than
the chair who was absent from more than three consecutive meetings of the TDG or
a total of four regular meetings in any given fiscal year would automatically forfeit his
or her position on the TOC and the governing board of the County would appoint a
new member to serve the remainder of the unexpired term of that person, unless
excused from attendance by the TOC by consent of the council expressed in its
official meetings; and
WHEREAS, on January 16, 2008, the Board of County Commissioners of
Monroe County, Florida, passed Ordinance 006-2008, which changed the
absenteeism policy for the elected officials (only) to provide that the absence of an
elected official because of business or travel specifically related to his or her elected
position shall be considered an excused absence and would be so noted in the
minutes of that meeting; and
WHEREAS, the TOC will meet eight (8) times in calendar year 2010 or fiscal
year 2009/10, and
WHEREAS, it is now the intent of the Board of County Commissioners to
change the policy to eliminate the special"excused absence" for elected officials in
order to ensure that the most populous municipality and the County have full and
consistent representation at the TOC meetings, and in order to avoid the possibilities
of tie votes or lack of quorum at the TOC meetings.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
[PROPOSED TEXT CHANGES are presented in strikethrough to indicate
deletions and underline to indicate additions.]
Section 1. Section 23-1 99(b)( 4) is amended to read as follows:
(4) Any member of the tourist development council who absents
himself from any three (3) consecutive regular meetings of said
tourist development council, unless excused from such attendance
by consent of the council, expressed by action of record in its
official minutes, or who is absent from a total of four (4) regular
meetings of said council in any fiscal year without having been
excused from such attendance by consent of the council
expressed by action of record in its official minutes, shall thereby
automatically forfeit his position and ,office as a member of the
tourist development council; and the name of such person shall be
automatically removed from the membership of said council
immediately after the adjournment of any such third consecutive
meeting or any such fourth meeting in any fiscal year, as the case
may be, at which such member has not appeared. The council
shall thereupon promptly notify the member so removed, and the
governing board of Monroe County shall thereupon appoint a new
member to serve the remainder of the unexpired term of the
member so removed. HO'Never, the absence of ~ln elected official
because of business or travel specifically related to his/her elected
position, who is a member of the TOe by virtue th3t elected
position, shall be considered an excused absence 3nd shall be so
noted in the minutes of that meeting.
Section 2. If 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.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of the conflict.
Section 4. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances in the County of Monroe, Florida, as
additions or amendments thereto, and the Monroe County Code shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 5. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the _ day of March 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: Deputy Clerk
By: Mayor/Chairperson
3
BRANCH OffiCE:
M,\KAHION SUB Cl)URTHOl:SE
J 117 O\TRSEAS HIGHWAY
MARA HJON, FU)RlDA 3:~050
HL" (305) 289-6027
F.\X (305) 211'1-1745
BRANCH OFFICE:
PI./\NT,\TION KFY
GOVERNMEl->T Cr-NTnR
88820 OVERSEAS HIGH\VAY
PLANTATION KEY, FLORIDA 33070
TEL (:105) 852.71.!5
FAX (305) 852.71.Jr,
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STRHT, SUlTE 101
KEY WEST, FLOIUDA 33040
T!'L (3nS) 294.4641
FAX (305) 295-3663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUJLD[:>I,~
50 HIGH POINT RO.o\!)
PLANTATION KEY. FLORIDA 33070
TEL. (305) 852.7145
FAX (305) 853.74.H)
February 1, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronaugh Street
Tallahassee FL 32399.0250
Via Certified Mail 7005 116000003841 2068
, -
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 006-2008 amending Section 2-299, Monroe County, providing for severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective date.
Ordinance No. 007-2008 clarifying the authority for the appointment of members to the Monroe
County Shared Asset Forfeiture Fund Advisory Board; providing for terms of members; providing for
severability; providing for the repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on January 16,2008. Please file for record. Should you have
any questions please feel free to contact me at (305) 295-3130.
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: Via E-Mail to the following:
Municipal Code TDC
County Attorney BOec
MeSO File
ORDINANCE NO. 00'.2008
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 2-299, MONRoe
COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODe OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 16, 1981, the Board of County Commissioners of
Monroe County, Florida, created an advisory council known as the Monroe County
Tourist Development Council ("TDC") by passage of Resolution No. 198-1981; and
WHEREAS, on February 16, 1988, the Board of County Commissioners of
Monroe County, Florida, passed Ordinance 015-1988, which established Section 2-
297 of the Monroe County Code and, in pertinent part, delineated rules for
appointment of representatives to the TOC and District Advisory Councils; and
WHEREAS, on October 18, 1995, the Board of County Commissioners of
Monroe County, Florida, passed Ordinance 045-1995, which amended Section 2-
297(F) of the Monroe County Code and provided additional rules for appointment of
members to District Advisory Councils; and
WHEREAS. on September 19, 1996, the Board of County Commissioners of
Monroe County, Florida, passed Ordinance 050-1996, which further delineated the
qualifications necessary to serve as a representative to the TDC; and
WHEREAS, it is the desire and intent of the Board of County Commissioners,
after recommendation from the TDC, to clarify that the intent of the tourism-related
and lodging industry appointments to the TDC and the District Advisory Councils
was that these positions should be filled with people who are willing and able to
serve as representatives of the geographic areas in which their businesses are
located, and also to clarify the absenteeism policy.
NOW THEREFORE) BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA) AS FOLLOWS:
Section 1. Section 2-299(B}(1}, Monroe County Code, is hereby amended
as follows:
(1) The Monroe County Tourist Development Council, following the
expiration of terms of its members heretofore established and
appointed, shall be composed of nine (9) members. Eight (8)
members of the board shall be appointed by the governing
board of Monroe County based on a percentage of the funds
collected throughout the five (5) tax collection districts, as set
forth in subsection (G) of this section. Each tax collection
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district shall have no less than one (1) representative on the
council. The ninth member of the council shall be the chairman
of the governing board of Monroe County or any other member
of the governing board as designated by the chairman. Two (2)
members of the council shall be elected municipal officials, at
least one (1) of whom shall be from the most populous
municipality in the county. Six (6) members of the council shall
be persons who are involved in the tourist industry and who
have demonstrated an interest in tourist development, of which
members, not less than three (3) nor more than four (4) shall be
owners or operators of motels, hotels, recreational vehicle
parks, or other tourist accommodations in the county or subject
to the tax. Each of the six members of the council who are
involved in the tourist industry shall represent a tax collection
district in which is located the business or businesses that
qualify the individual as a lodging or tourist-related industry
representative~ All members of the council shall be electors of
the county. The governing board of the county shall allow the
council to elect a chairman. The chairman shall be elected
annually and may be reelected.
Section 2. Section 2-299(B)(3) is amended to read as follows:
(3) All district vacancies occurring on the to.urist development
council shall be filled by a person who is also qualified under the
terms of Florida Statutes, section 125.0104(4)(e). In addition to
the vacancies described in subsection (B)(4) of this section, a
seat shall also be considered vacant when a member is no
longer an owner, operator, partner, employee or director of a
lodging or tourist-related business in that district.
Section 3. Section 2-299(8)(4) is amended to read as follows:
(4) Any member of the tourist development council who absents
himself from any three (3) consecutive regular meetings of said
tourist development council, unless excused from such attendance
by consent of the council, expressed by action of record in its
official minutes, or who is absent from a total of four (4) regular
meetings of said council in any fiscal year without having been
excused from such attendance by consent of the council
expressed by action of record in its official minutes, shall thereby
automatically forfeit his position and office as a member of the
tourist development council; and the name of such person shall be
automatically removed from the membership of said council
immediately after the adjournment of any such third consecutive
meeting or any such fourth meeting in any fiscal year, as the case
may be, at which such member has not appeared. The council
2
Section 4.
as follows:
shall thereupon promptly notify the member so removed, and the
governing board of Monroe County shall thereupon appoint a new
member to serve the remainder of the unexpired term of the
member so removed. However, the absence of an elected official
because of business or travel specifically related to hislher elected
position, who is a member of the TOC by virtue that elected
position, shall be considered an excused absence and shaH be so
noted in the minutes of that meeting.
Section 2-299(F)(2), Monroe County Code, is hereby amended
(2)
The advisory committees shall be comprised of nine (9)
members, whose qualifications shall be three (3) from the
lodging industry, three (3) from tourist-related businesses, and
three (3) from the general public. Each of the six members from
the lodging industry or tourist-related businesses must have
their primary place of business in that tax collection district. A
seat of one of these members will be consider vacant when the
member no longer has his primary place of business in that tax
collection district. The members of the advisory committee from
the general public will be individuals who either live or work
within the tax collection district. A seat of one of these members
will be considered vacant when the member neither resides nor
has his primary place of business in that tax collection district.
Section 5. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected such
invalidity.
Section 6. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of the conflict.
Section 7. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances in the County of Monroe, Florida, as
additions or amendments thereto, and the Monroe County Code shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 8. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
. ordinance has been filed with said Office.
3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 16thday of January,
2008.
Yes
Yes
Yes
Yes
Yes
Y L. KOLHAGE, Clerk
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLO DA
By:
Deputy Clerk
By: Mayor/Ch irperson
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