Item S2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 15 , 2004
Bulk Item: Yes X No
Division: Growth Management
Department: Planning
AGENDA ITEM WORDING:
A public hearing to repeal BOCC Ordinance IIA-2004 due to a scrivener's error. [Only one
public hearing required]
ITEM BACKGROUND:
This item was heard at the April 21, 2004 BOCC meeting and was approved. The ordinance
contained a scrivener's error. However, the language contained in Ordinance 11A-2004 is also
found in Ordinance 10-2004 with the correct enumeration. When Ordinance 10-2004 is replaced
to correct a separate scrivener's error there will be no need to produce a replacement ordinance
for Ordinance 11A-2004.
PREVIOUS RELEVANT BOARD ACTION: BOCC Ordinance 11A-2004
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION:
Approve the repeal of Ordinance 11A-2004
TOTAL COST: NA
COST TO COUNTY: NA SOURCE OF FUNDS: NA
BUDGETED: Yes
No
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH _YEAR
APPROVED BY: County Attorney _ OMB/P
anagement _
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ]LTo follow Not required ]
DISPOSITION: AGENDA ITEM # ~ ~
BOCC STAFF REPORT
MEMORANDUM
TO:
The Monroe County Board of County Commissioners
FROM:
K. Marlene Conaway, Director of Planning
DATE:
August 26, 2004
MEETING DATE:
September 15, 2004
RE:
Repeal of BOCC Ordinance llA-2004 due to a scrivener's error.
I. BACKGROUND.
Ordinance lIA-2004, that amended Section 9.5-122.3 of the Monroe County Land Development
Regulations to prohibit the award of ROGO points for aggregation in specific areas, was found to
have a scrivener's error. Specifically, the ordinance erroneously indicated that the language
regarding the awarding of ROGO points for aggregation was Section 9.5-122.3 (a)(3) Additional
requirements #2, rather than # I.
II. ANALYSIS.
Ordinance l1A-2004 was found to contain a scrivener's error that did not affect the textual
content of the ordinance. However, the same language is found in Ordinance 10-2004 and is
correctly enumerated therein. Ordinance 10-2004 also contained a separate scrivener's error and
is being repealed and replaced with a new ordinance that will remove the existing scrivener's
error while maintaining the identical language. The repeal of Ordinance l1A-2004 in conjunction
with the replacement of Ordinance 10-2004 with a new ordinance will obviate the need for a
replacement ordinance for lIA-2004. The replacement ordinance for Ordinance 10-2004
which contains the identical language ordinance is consistent with all applicable goals, policies
and objectives of the Monroe County Year 2010 Comprehensive Plan as well as Florida Statutes
and Florida Administrative Code.
III. FINDINGS OF FACT.
1. BOCC Ordinance llA-2004 contained a scrivener's error.
2. Ordinance II A-2004 will be repealed.
3. A replacement ordinance for l1A-2004 IS not needed due to the fact that the same
language exists in Ordinance 10-2004.
IV. RECOMMENDATION:
The Growth Management Staff recommends APPROVAL of the proposed repeal of
BOCC Ordinance 11A-2004.