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Item Q2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 17, 2011 Division: Growth Management Bulk Item: Yes _ No X Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley — 289-2500 Reynaldo Ortiz — 289-2589 AGENDA ITEM WORDING: A public hearing to consider an Ordinance amending Monroe County Code Section 2-428 concerning Planning Commission compensation. ITEM BACKGROUND: The current compensation rate for the Planning Commission is $9,600.00 for an anticipated 24 regularly scheduled meetings plus $100.00 per meeting for additional meetings in excess of those regularly scheduled. In order to reduce travel costs to the County and improve efficiency, staff is recommending regularly scheduled meetings to 12, with the ability to hold additional special meetings as needed. A 2-year review of Planning Commission meetings indicates monthly meetings would be adequate to conduct Planning Commission business. Decreasing the number of regularly scheduled meetings from bi-monthly to monthly is an opportunity to consolidate resources and more effectively manage monetary commitments. PREVIOUS RELEVANT BOCC ACTION: §2-428 was last revised with Ordinance #021-2004. This agenda item was discussed by the BOCC at its July 20, 2011 meeting. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Staff recommends approval. TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: REVENUE PRODUCING: Yes _ No SOURCE OF FUNDS: AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # IS2 MONROE COUNTY PLANNING & ENvIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners Through: Christine Hurley, AICP, Director of Growth Management Townsley Schwab, Senior Director of Planning & Environmental Resources From: Reynaldo Ortiz, Assoc. AIA, AICP, Planner Date: August 2, 2011 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 TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE, PROVIDING FOR CODIFICATION, PROVIDING FOR ANEFFECTIVE DATE. Meeting: August 17, 2011 1 2 I REQUEST 3 4 The Planning & Environmental Resources Department is proposing an amendment to the text 5 of §2-428 of the Monroe County Code, which concerns the required compensation to the 6 Planning Commission and the total number of public hearings/meetings required to be held 7 by the Planning Commission in a given year. 8 9 Note: This section of code is not within the Land Development Code, also known as Part II 10 of the Monroe County Code. Therefore, a Planning Commission review and 11 recommendation it not required. However, as the amendment affects the Planning 12 Commission and is related to another amendment being concurrently processed by the 13 Planning & Environmental Resources Department (to § 102-20(I)), staff opted to present the 14 proposed amendment to the Planning Commission and obtain the comments and suggestions 15 of the Planning Commissioners. 16 17 II RELEVANT PRIOR COUNTY ACTIONS: 18 19 §2-428 was last revised with Ordinance #021-2004. 20 21 Page 1 of 2 (File #2011-053) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 regularly scheduled. In order to reduce unnecessary costs to the County and improve efficiency, staff is recommending regularly scheduled meetings to 12. As a note, the reference to 24 regularly scheduled meetings is inconsistent with § 102-20 which also requires bi-monthly regular meetings; however also gives the Planning Commission the month of August off (hence only requiring 22 regular meetings). By decreasing the number of regularly scheduled meetings from bi-monthly to monthly is an opportunity to consolidate resources and more effectively manage monetary commitments. Therefore, staff recommends the following changes (deletions are stFiel£en off and additions are underlined): Sec. 2428. — 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 she egg—fl , '^eeramissien meetings d+i the eaf , regardless of whether the commission is meeting as the local planning agency, the zoning board, board of adjustment, 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. IV RECOMMENDATION Staff recommends that the Board of County Commissioners amend the Monroe County Code as stated in the text of this staff report. Page 2 of 2 (File #2011-053) sr r Y �f MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. - 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 (deletions are stFiskea tkeia and additions are underlined Sec. 2428. — Planning commission members; compensation. The members of the planning commission shall be compensated an annual Lahr at the rate of $9,600.00 per year year- thema, regardless of whether the commission is meeting as the local planning agency, the zopAng board, board of Ojustffl r 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 payrollschedule. i all eemwAssiea meefifigs in o e of the�4 witheut regard as to whether- the . . i is meeting as the le 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 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 Attest: DANNY L. KOLHAGE, CLERK By By Deputy Clerk Mayor Heather Carruthers MONRO COUNTY ATTORNEY PP VED AS TO FO M Date: