Item Q1
Q.1
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Sylvia Murphy, District 5
Mayor Pro Tem Danny Kolhage, District 1
TheFloridaKeys
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
December 19, 2018
Agenda Item Number: Q.1
Agenda Item Summary #4953
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert (305) 292-3470
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance revising
Section 2-429 of the Monroe County Code to clarify voting conflicts.
ITEM BACKGROUND: The propose ordinance seeks to clarify Section 2-429 of the County Code
office does not ha
For example, the ordinance would clarify that the County Mayor, when serving on the Tourist
Development Council as provided for by statute, would be able to vote on County projects.
In 2009, the Board adopted Ordinance 014-2009 which amended the Monroe County Code to
include Section 2-429 Voting conflicts; members of advisory and quasi-judicial boards. That
ordinance imposed more stringent voting conflicts than those required by F.S. 112.3143 by creating
a voting conflict for members of advisory board who are also members of outside organizations,
such as government entities. When Ordinance 014-2009 was enacted, there was no intent to create a
voting conflict for government officials who serve on advisory boards when the
appointment to the advisory board is due solely to his or her government position, i.e., in an ex
officio capacity.
Under the proposed revision, a voting conflict would still arise if an advisory board members sit on
an advisory board that is unrelated to his or her government position, i.e. as a citizen or member of
the public.
PREVIOUS RELEVANT BOCC ACTION:
5/20/2009 BOCC adopted Ordinance No 014-2009.
11/20/2018 (R-7) BOCC approved advertising a scheduled public hearing to be held December
19, 2018 in Key Largo, FL at 3:00 P.M. or as soon thereafter as may be heard
CONTRACT/AGREEMENT CHANGES:
N/A
Packet Pg. 1581
Q.1
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
STAMPED Draft Ordinance amending Sec 2-429 (2ND REV UPDATE VOTE COUNT BLOCK
11/28/18 KP)
Ordinance 014-2009 code of ethics quasi judicial adv boards 5 20 09
Notice of Intention to Consider Adoption of County Ordinance clarifying voting conflicts PH BOCC
12 19 18
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising Cost
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Christine Limbert Completed 11/26/2018 3:56 PM
Bob Shillinger Completed 12/03/2018 4:29 PM
Budget and Finance Completed 12/03/2018 4:30 PM
Maria Slavik Completed 12/04/2018 9:17 AM
Kathy Peters Completed 12/04/2018 9:36 AM
Board of County Commissioners Pending 12/19/2018 9:00 AM
Packet Pg. 1582
Q.1.a
Attachment: STAMPED Draft Ordinance amending Sec 2-429 (2ND REV UPDATE VOTE COUNT BLOCK 11/28/18 KP) \[Revision 2\] (PH for
Packet Pg. 1583
Q.1.a
Attachment: STAMPED Draft Ordinance amending Sec 2-429 (2ND REV UPDATE VOTE COUNT BLOCK 11/28/18 KP) \[Revision 2\] (PH for
Packet Pg. 1584
Q.1.b
Attachment: Ordinance 014-2009 code of ethics quasi judicial adv boards 5 20 09 (PH for Ordinance Revising sec. 2-429 clarying voting
Packet Pg. 1585
Q.1.b
Attachment: Ordinance 014-2009 code of ethics quasi judicial adv boards 5 20 09 (PH for Ordinance Revising sec. 2-429 clarying voting
Packet Pg. 1586
Q.1.b
Attachment: Ordinance 014-2009 code of ethics quasi judicial adv boards 5 20 09 (PH for Ordinance Revising sec. 2-429 clarying voting
Packet Pg. 1587
Q.1.c
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on December 19, 2018 at 3:00
P.M., or as soon thereafter as may be heard, in the Commission Chambers, Murray E. Nelson
Government Center, 102050 Overseas Highway, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the adoption of the following County
ordinance:
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 2-429
OF THE MONROE COUNTY CODE; CLARIFYING THAT
VOTING CONFLICTS DO NOT APPLY TO EX-OFFICIO
MEMBERS OF ADVISORY BOARDS; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting;
Live Closed Captioning is available via our web portal @
http://monroecountyfl.iqm2.com for meetings of the Monroe County Board of County Commissioners.
h
Dated at Key West, Florida, this 20 day of November, 2018.
KEVIN MADOK, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Wed) 11/28/18 Account #143331 (BOCC County Administration)
Keys Weekly (Th) 11/29/18 - Account #2074 (BOCC County Administration)
News Barometer (Fr) 11/30/18 - Account # NB007 (BOCC County Administration)
Attachment: Notice of Intention to Consider Adoption of County Ordinance clarifying voting conflicts PH BOCC 12 19 18 (PH for Ordinance
Packet Pg. 1588