Item H4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 20, 2011 Division: Growth Management
Bulk Item: Yes X No
Department:
Staff Contact Person/Phone #: Susan Grimsley
305 289- 2500
AGENDA ITEM WORDING: Approval to advertise an ordinance amending Section 2 -428 of the
Monroe County Code concerning Planning Commission compensation.
ITEM BACKGROUND: Staff is proposing an amendment to Section 2 -428 of the Monroe County
Code, which section concerns compensation to the Planning Commission and the total number of
public hearing/meetings required to be held by the Planning Commission in a given year. The
compensation will stay the same ($9,600.00 per year). The compensation for special meetings of
$100.00 is eliminated. Section 2 -428 will now concern only salary. Land Development Code Sec. 102 -
20(i) prescribes a different number of meetings than is currently in Section 2 -428. Staff is proposing
concurrent legislation in the Land Development Code to resolve this inconsistency, and amend the
required number of meetings to once a month, including the month of August, which is currently
exempted. Additional meetings may be held if necessary. This concurrent legislation will improve
efficiency and reduce unnecessary costs to the County.
PREVIOUS RELEVANT BOCC ACTION:
July 14, 2004 — BOCC approved Ordinance 021 -2004 increasing the Planning Commission
compensation.
CONTRACT /AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: n/a SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION:
Included x Not Required
BUDGETED: Yes No
AGENDA ITEM #
Revised 7/09
From: Reynaldo Ortiz, Assoc. AIA, AICP, Planner
Date: June 27, 2011
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Subject: 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 ANEFFECTIVE DATE.
Meeting: July 20, 2011
I REQUEST
The Planning & Environmental Resources Department is proposing an amendment to the text
of §2 -428 of the Monroe County Code, which concerns the required compensation to the
Planning Commission and the total number of public hearings /meetings required to be held
by the Planning Commission in a given year.
Note: This section of code is not within the Land Development Code, also known as Part II
of the Monroe County Code. Therefore, a Planning Commission review and
recommendation was not required. However, as the amendment affects the Planning
Commission and is related to another amendment being concurrently processed by the
Planning & Environmental Resources Department (to § 102- 20(I)), staff opted to present the
proposed amendment to the Planning Commission at the public hearing of June 22, 2011 to
obtain the comments and suggestions of the Planning Commissioners.
II RELEVANT PRIOR COUNTY ACTIONS:
§2 -428 was last revised with Ordinance #021 -2004.
III REVIEW
The current compensation rate for the Planning Commission is $9,600.00 for 24 regularly
scheduled meetings plus $100.00 per meeting for additional meetings in excess of those
Page 1 of 2 (File #2011 -053)
Page 2 of 2 (File #2011 -053)
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 (deletions are stFiskefi fiff
and additions are underlined)
Sec. 2428. — Planning commission members; compensation.
The members of the planning commission shall be compensated an annual
salar at the rate of $9,600.00 per year
regardless of whether the commission is meeting as the
local planning agency, the zeningboaEd, beafd of adjustmeat,—or planning
commission. The salary is not to be provided in a lump sum and shall be
provided to Planning Commissioners according to Monroe Count's
payroll schedule. ,
o ffibes 4-h—All be e at the ra of $100 . 00 r m eeti n g also
without r-eg a s to Whether- th ee ti g as th tent
plaftflifig ageft8y, eZePAft oeafdbeaFd Oms ent,
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.
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 to- 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 day of , 2011.
Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
By
Attest: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Mayor Heather Carruthers