Item Q3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 15. 2006
Division:
Growth Management
Bulk Item: Yes~
No~
Department:
Planning and Environmental Resources
Staff Contact Person:
Aref Joulani
AGENDA ITEM WORDING:
A public hearing to consider an ordinance to amend Section 9.5-22 of the Land Development Regulations regarding the
terms and selection of appointed Planning Commissioners, limiting the terms of vacancy, expanding the field of qualified
candidates and their geographic locations, as well as a deletion of term limitations.
ITEM BACKGROUND:
This item was heard at the Development Review Committee meeting on January 10, 2006 in Marathon and the Planning
Commission hearings held on January 25, 2006 in Key Largo and February 8, 2006 in Marathon. At both meetings the
Commission recommended changes to the Ordinance. All proposed changes approved by the Commission are highlighted
in underlined and struck through and included in the BOCC Ordinance (Option 1) and Staff Report. In summary,
the changes included the following: removal of the change in terms, adding that the qualified candidates shall have
experience, removal of uniform term dates, and requesting that three consecutive as opposed to regular meeting would call
for removal. In addition, the removal for just cause approved by an affirmative vote of at least three members of the
commission was added back into the Ordinance.
The original Ordinance as proposed by Commissioner Dixie Spehar, with no changes is also included as BOCC Ordinance
(Option 11).
PREVIOUS REVELANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANG ES: N! A
STAFF RECOMM ENDA nONS: Approval
TOTAL COST: N/A
BUDGETED: Yes _No _NiA
COST TO COUNTY: N/A
SOURCE OF FUNDS:
NiA
REVENUE PRODUCING:
Yes i'J!A No
AMOUNT PER MONTH N! A
Year
APPROVED BY:
County Attorney
OMB!Purchasing ~
Risk Management
[)IVISION [)IRECTOR APPROV AL:
/~ \
~ <!A474~~
/ Ronda No man, Acting Division Director
DOCUMENTATION: Included ~
Not Requiredw
[)ISPOSIT10N:
AGENDA ITEM #
MONROE COUNTY CODE
LAND DEVELOPl\<lENT REGULATIONS AMENDl'VIENT
SECTION 9.5-22
PLANNING COl\tJMISSION
BOARD OF COUNTY COMl\<lISSIONERS
MARATHON
MARCH 15, 2006
~IONROE COUNTY CODE
LAND DEVELOP~IENT REGULATIONS AMENn~IENT
SECTION 9.5-22
PLANNING CO~Il\tISSION
A REQUEST BY MONROE COUNTY PLANNING AND ENVIRONl\IENTAL
RESOURCES DEPARTMENT TO AMEND SECTION 9.5-22 OF THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS
CONCERNING QUALIFICATIONS FOR MEJ\rIBERSHIP, APPOINTMENT,
REMOVAL, TERJ\rIS, VACANCIES, QUORUM AND VOTING OF THE
PLANNING COl\rlMISSION.
RECO~IMENDA TIONS
Staff: Approval
DRC: Approval
PC: Approval
January 6, 2006
January 10,2006
February 8, 2006
Staff Report
Resolution # -06
Resolution #P -06
2
BOCC ORDINANCE
OPTION I
(WITH CHANGES HIGHLIGHTED IN YELLOW, UNDERLINED AND
STRUCK-THROUGH AS PROPOSED BY THE PLANNING COMMISSION)
3
ORDINANCE NO.
AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING
CHAPTER 9.5 ENTITLED "LAND DEVELOPMENT REGULATIONS" BY
AMENDING SECTION 9.5-22; PROVIDINC TH~A~T THE TERM OF E.A...CH
PLA...NNINC COMMISSION MEMBER IN OFFICE DECEMBER 31, 2005
SHALL EXPIRE DECEMBER 31 OF THE YE.4...R IN \VIIICH THE
MEMBER'S TERM EXPIRES; ESTABLISHING THAT AFTER JANUARY
1, 2006, VACANCIES SHALL BE FILLED BY NOMINATION BY THE
COMMISSIONER OF THE DISTRICT WHO MADE THE APPOINTMENT
FOR THE CURRENT VACANT POSITION; REQUIRING APPROVAL BY
A VOTE OF THREE MEMBERS OF THE COUNTY COMMISSION;
PROVIDING NEW EFFECTIVE DA TES FOR APPOINTMENTS;
ALLOWING CANDIDATES WITH EXPERIENCE FROM THE BUSINESS
COMMUNITY AND OTHER LOCAL INDUSTRY; PROVIDING FOR
NOMINATION BY THE MAYOR UNDER CERTAIN CONDITIONS;
PR()VIDING FOR UNIFORi'\i TERI\f R\TES; ALLOWING REMOVAL OF
A PLANNING COMMISSIONER ONLY BY VOTE OF AT LEAST THREE
MEMBERS OF THE COUNTY COMMISSION; ESTABLISHING THAT
PLANNING COMMISSIONERS SERVE AT THE PLEASURE OF THE
BOARD OF COUNTY COMMISSIONERS; ELIMINATING TERIVl LIMITS;
PROVIDING FOR EXCUSED ABSENCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
CODE OF ORDINANCES; PROVIDING FOR FILING WITH THE
SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY:
Section 1. Findings by the Board of County Commissioners.
A. The current ordinance on appointments to the Planning Commission gives more control over the
appointments to the person who is the mayor than to the individual commissioners.
B. Three of the appointments are currently made in September or October prior to or daring election
time in even years. T'.'lo appointments are made a )'8ar after an election in odd years. All
appointments are for a te-nn of two years.
C. "A, fall appointment date for the members of the planning commission may lead to a "lame duck"
appointment by a county commissioner who is not running for office or to an appointment fur
political reasons to further an incumbent's election prospects, and theref{)re a date for appointments
after No';ember of each year is more representati','6 of the political desires of the electorate.
4
P-B. It is difficult to find a number of planning commission candidates who meet the current
selection criteda of expertise only in environmental fields, development and planning. Allowing
persons who represent the diverse, local, business community to serve on the planning commission
will add other qualified persons to the candidate pool.
e-c. A planning commissioner may be removed for cause by a majority of the Board of County
Commissioners, allowing two members of a three member quorum to remove a member of the
planning commission, when by procedures adopted by the county commission a vote of at least
three of the members of the county commission is required to appoint a member of the planning
commlSSlOn.
F D. At present there is a term limit of three (3) consecutive terms for each planning commissioner.
This does not serve the public's interest in retaining those persons who are diligent in their duties
and have an expertise with the procedures and history of the planning commission if they so desire
to serve.
g E. Termination of a member of the planning commission is only for cause, parenthetically listed
as three consecutive absences in a three month pedod, allowing for no excusable absences. There
may be occasions when it is desirable to keep the current member if there are extenuating
circumstances.
g F. The only other provision for termination of a planning commissioner's tenn is a mandatory
tennination by reason of a conviction of a felony or offense of moral turpitude or not being a
qualified elector of Monroe County.
I G. It is in the best interests of the public that members of the planning commission serve at the
pleasure of the county commission.
J. The fi',"€! members on the Planning Commission with the district ofth6 co:mm.issioner appointing
them oodterm expiration dates are as indioated belo\v:
1. District 1
2. Distriot2
3. Distriot 3
4. District 4
5. District 5
James D. Cameron Term Empires geptember 1, 2006
Miohelle C. Deal,Esq. Term expires November 15, 2007
Julio Margalli, Esq. Term expires October 16, 2006
Lynn Mapes Term expires geptember 20, 2007
Randy Wall Term expires geptember 1, 2006
K. The dates of the terms of each planning commissioner are different. Uniform, although
staggered, terms 'Nould be of benefit to the publio and to those responsible for the appointment of
each oommissione!".
b- H. The absence of a planning commissioner for lack of an appointment is not in the public interest
and leads to stalled projects, land development regulations and other growth management issues if
there is a tie vote or lack of quorum. Retaining the planning commissioner whose term has expired
until the vacancy is filled will insure the presence of a quorum and help to prevent tie votes.
Assudng the vacancy will be filled by the mayor if a County commissioner does not put forth a
candidate within 60 days will insure that a vacancy does not persist.
5
M L Since the inception of the Planning Board, the mayor and commissioners have individually
nominated candidates for the planning commission and voted for or against the person nominated.
The procedure for appointment by the mayor with the advice and consent of the commission that is
prescribed in the cutTent ordinance has not been followed. The procedure that is followed is a fair
procedure and the ordinance should reflect the actual procedure used by the board of county
commISSIOners.
Section 2. Sec. 9.5-22 is hereby amended to read as foIlows*:
Sec. 9.5-22. Planning commission.
* * * * *
(d) Membership: Appointment, Removal, Terms, and Vacancies:
(1) The planning commission shall be composed of five (5) members:., 10 be appointed by the mayor
v,'ith the adyie6 and consent of the board of county commissioners. Each member of the board of
county commissioners shall submit a name of a candidate to the
mayor. Those persons holding a seat on the planning commission on December 31. 2005, ~
remain in office until December 31 of the y-ear in which their term expires. ~A..ftsr January L 2006,
whet} the terms of the members of the planninJ2: connnission expire or are vacant, the Vacancies
shall be filled by the county commission member for the district who made the previous
appointment for the vacant seat. Vaaancies for District 1. District 3 and District 5 shall be made
effective January 1 of odd numbered '.'ears. District 2 and District 4 vacancies shall be made
effectiveJa.n-uttry 1 of the &ven years. The county commissioner shall nominate a person qualified
as provided in paragraph (c) above to be approved by the board of county commissioners by a vote
of at least three (3) members. Members shall be chosen from electors With experience in the areas of
planning, environmental sciencc, the business community, aM the development industry, and other
Keys local industries.
*(Coding: Additional language is underlined; deleted language is stricken through.)
together with t Ihe geographical representation of the Keys shall be considered, but not required
when making appointments to the planning commission, If no candidate is put forth for approval by
the county commissioner member for the district within prior to sixty days of expiration of the
respective planning commissioner's term, the mayor shall submit a candidate for approval by the
board of county commissioners. After January 1, 2006. the terms of all new members of the
plannin.e: commission shall run from January 1 to December 31 for two v-eurs. If a planning
commissioner's term expires on December 31 of any "\-<ear, the plar~ing commissioner shallrem.ain
in office until his or her fe appointment Of a new aa:pointment is ratified by the Board of County
Commissioners. If an appointment is made and takes eff-ect later than Januar,t 1 of any vear,
accepting and filling SNch an appointment shall constitute the filling of a t\yo year term 'l:hich trads
December 31 in the normal year of termination.
(2)Mcmbers may be remoyed for cause prior to the expiration of their appointment shall serve at the
pleasure of the county commission and may be removed for cause prior to the expiration of their
appointment and such removal shan be approved by the affirmative vote of at least three (3)
6
members maJonty vote of the board of county commissioners.:-und shall be compensated as
determined by the board of county commissioners. [See Sec. 2 6.]
(3) All members shall serve a term of two (2) years and there shall be no term limit. however each
member shall be reappointed. All membefG shall serve a term of t\\'o (20 years except that t,,\,o (2)
members shall be appointed for an initial term of one (I) year. No member shall serve more thun
thr66 (3) consecutive terms. Planning commission members shall be compensated as determined by
the board of countv commissioners.
* * * * *
(6) If any member of the commission shall fail to attend three (3) regular consecutive meetings
without prior notice and an excuse sufficient to the planning commission within any three month
period, such failure shall constitute sufficient grounds for termination of the member's appointment.
The commission coordinator shall notify the chairman or the vice-chairman, as the case may be, and
he/she shall immediately file a notification of such nonattendance with the county administrator for
placement on the agenda of the board of county commissioners; and the board shall, by appropriate
action, terminate the appointment of such person and fill the vacancy thereby created as soon as
practicable. A member who desires to be excused shall contact the commission coordinator prior to
the meeting. The commission coordinator shall report the request to the chairman who shall make
the determination to grant or deny the request.
Section 3. 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 4.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5.
The provisions ofthi8 ordinance shall be included and incorporated in the Code
of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto.
Section 6.
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 and upon approval by the Department of Community Affairs of the State of Florida
according to the terms of the approvaL
7
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 , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
(SEAL)
Attest: DANNY LKOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By.mm__m._m.___.__
Deputy Clerk
Mayor
9
9
BOCC ORDINANCE
(AS SPONSORED BY COlVIMISSIONER SPEHAR)
OPTION II
(WITHOUT CHANGES BY THE PLANNING COMlVHSSION)
ORDINANCE NO.
AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING
CHAPTER 9.5 ENTITLED "LAND DEVELOPMENT REGULATIONS" BY
AMENDING SECTION 9.5-22; PROVIDING THAT THE TERM OF EACH
PLANNING COMMISSION MEMBER IN OFFICE DECEMBER 31, 2005
SHALL EXPIRE DECEMBER 31 OF THE YEAR IN 'VHICH THE
MEMBER'S TERl\1 EXPIRES; ESTABLISHING THAT AFTER JANUARY
1, 2006, VACANCIES SHALL BE FILLED BY NOMINATION BY THE
COMMISSIONER OF THE DISTRICT WHO MADE THE APPOINTMENT
FOR THE CURRENT VACANT POSITION; REQUIRING APPROVAL BY
A VOTE OF THREE MEMBERS OF THE COUNTY COMMISSION;
PROVIDING NEW EFFECTIVE DA TESFOR APPOINTMENTS;
ALLOWING CANDIDATES FROM THE BUSINESS COMMUNITY AND
OTHER LOCAL INDUSTRY; PROVIDING FOR NOMINATION BY THE
MAYOR UNDER CERTAIN CONDITIONS; PROVIDING FOR UNIFORM
TERM DATES; ALLOWING REMOVAL OF A PLANNING
COMMISSIONER ONLY BY VOTE OF AT LEAST THREE MEMBERS OF
THE COUNTY COMMISSION; ESTABLISHING THAT PLANNING
COMMISSIONERS SERVE AT THE PLEASURE OF THE BOARD OF
COUNTY COMMISSIONERS; ELIMINATING TER\-1 LIMITS;
PROVIDING FOR EXCUSED ABSENCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
CODE OF ORDINANCES; PROVIDING FOR FILING WITH THE
SECRETARY OF ST ATE; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY:
Section 1. Findings by the Board of County Commissioners.
A. The current ordinance on appointments to the Planning Commission gives more control over the
appointments to the person who is the mayor than to the individual commissioners.
B. Three of the appointments are currently made in September or October prior to or during election
time in even years. Two appointments are made a year after an election in odd years. All
appointments are for a term of two years.
C. A fall appointment date for the members of the planning commission may lead to a "lame duck"
appointment by a county commissioner who is not running for office or to an appointment for
political reasons to further an incumbent's election prospects, and therefore a date for appointments
after November of each year is more representative of the political desires of the electorate.
11
D. It is difficult to find a number of planning commission candidates who meet the current selection
criteria of expertise only in environmental fields, development and planning. Allowing persons who
represent the diverse, local, business community to serve on the planning commission will add other
qualified persons to the candidate pool.
E. A planning commissioner may be removed for cause by a majority of the Board of County
Commissioners, allowing two members of a three member quorum to remove a member of the
planning commission, when by procedures adopted by the county commission a vote of at least
three of the members of the county commission is required to appoint a member of the planning
commlSSlOn.
F. At present there is a term limit of three (3) consecutive terms for each planning commissioner.
This does not serve the public's interest in retaining those persons who are diligent in their duties
and have an expertise with the procedures and history of the planning commission if they so desire
to serve.
G. Termination of a member of the planning commission is only for cause, parenthetically listed as
three absences in a three month period, allowing for no excusable absences. There may be occasions
when it is desirable to keep the current member if there are extenuating circumstances.
H. The only other provision for termination of a planning commissioner's term is a mandatory
termination by reason of a conviction of a felony or offense of moral turpitude or not being a
qualified elector of Monroe County.
1. It is in the best interests of the public that members of the planning commission serve at the
pleasure of the county commission.
J. The five members on the Planning Commission with the district of the commissioner appointing
them and term expiration dates are as indicated below:
I. District I
2. District 2
3. District 3
4. District 4
5. District 5
James D. Cameron Tern1 expires September 1, 2006
Michelle C. Deal,Esq. Term expires November 15, 2007
Julio Margalli, Esq. Term expires October 16, 2006
Lynn Mapes Term expires September 20,2007
Randy Wall T em1 expires September I, 2006
K. The dates of the tenns of each planning commissioner are different. Uniform, although
staggered, terms would be of benefit to the public and to those responsible for the appointment of
each commissioner.
L. The absence of a planning commissioner for lack of an appointment is not in the public interest
and leads to stalled projects, land development regulations and other growth management issues if
there is a tie vote or lack of quorum. Retaining the planning commissioner whose term has expired
until the vacancy is filled will insure the presence of a quorum and help to prevent tie votes.
Assuring the vacancy will be filled by the mayor if a County commissioner does not put forth a
candidate within 60 days will insure that a vacancy does not persist.
12
M. Since the inception of the Planning Board, the mayor and commissioners have individually
nominated candidates for the planning commission and voted for or against the person nominated.
The procedure for appointment by the mayor with the advice and consent of the commission that is
prescribed in the current ordinance has not been followed. The procedure that is followed is a fair
procedure and the ordinance should reflect the actual procedure used by the board of county
commISSiOners.
Section 2. Sec. 9.5-22 is hereby amended to read as follows*:
Sec. 9.5-22. Planning commission.
* * * * *
(d) l'vfembership: Appointment. Removal, Tenns, and Vacancies:
(1) The planning commission shall be composed offive (5) members:., 10 be appointed by the mayor
'.vith the ad'.'ice and consent of tho board of county commissione-rs. Each member of the board of
oounty commissioners shall submit a name of a candidate to the
mayor. Those persons holding a seat on the planning commission on December 31, 2005, shall
remain in office until December 31 of the year in which their term expires. After January 1, 2006,
when the terms of the members of the planning commission expire or are vacant, the vacancies shall
be filled by the county commission member for the district who made the previous appointment for
the vacant seat. Vacancies for District 1, District 3 and District 5 shall be made effective January 1
of odd numbered years. District 2 and District 4 vacancies shall be made effective January 1 of the
even years. The county commissioner shall nominate a person qualified as provided in paragraph
(c) above to be approved by the board of county commissioners by a vote of at least three (3)
members. Members shall be chosen from the areas of planning, environmental science, the business
community, afl4 the development industry, and other Kevs local industries.
*(Coding: Additional language is underlined; deleted language is stricken through.)
together ,;\'itl1 t The geographical representation of the Keys shall be considered, but not required
when making appointments to the planning commission. If no candidate is Put forth for approval by
the county commissioner within sixty days of expiration of the respective planning commissioner's
term, the mayor shall submit a candidate for approval by the board of county commissioners. After
January 1, 2006, the terms of all new members of the planning commission shall run from January 1
to December 31 for two years. If a planning commissioner's term expires on December 31 of any
year. the planning commissioner shall remain in office until his or her re-appointment or a new
appointment is ratified by the Board of County Commissioners. If an appointment is made and takes
effect later than January 1 of any vear, accepting and filling such an appointment shall constitute the
filling of a two year term which ends December 31 in the nonnal year of termination.
(2)Members may be removed for cause prior to the expiration of their appointment shall serve at the
pleasure of the county commission and may be removed by the affim1ative vote of at least three (3)
members majority yote of the board of county commissioners.:......und shall be compensated as
determined by the board of county commissioners. [See Sec. 2 6.]
13
(3) All members shall serve a term oft,."",o (2) years except that t\'/o (2) members shall be appointed
for an initial term of one (1) year. No member shall scrve more than three (3) consecutive tenns.
Planning commission members shall be compensated as detenuined bv the board of county
commISSIoners.
* * * * *
(6) If any member of the commission shall fail to attend three (3) regular meetings without prior
notice and an excuse sufficient to the planning commission within any three month period, such
failure shall constitute sufficient grounds for termination of the member's appointment. The
chairman or the vice-chairman, as the case may be, shall immediately file a notification of such
nonattendance with the county administrator for placement on the agenda of the board of county
commissioners; and the board shall, by appropriate action, terminate the appointment of such person
and fill the vacancy thereby created as soon as practicable.
Section 3.
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 4.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5.
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.
Section 6.
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 and upon approval by the Department of Community Affairs of the State of Florida
according to the tenus of the approvaL
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 _.mm_....._'......~, ~.'
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor
By
By_..,
]4
Bacc STAFF REPORT
(\VITH CHANGES HIGHLIGHTED IN YELLOW, UNDERLINED AND
STRUCK-THROUGH AS PROPOSED BY THE PLANNING COMI\-IISSION)
15
MEMORANDUM
To: Board of County Commissioners
From: Susan Grimsley, Asst. County Attorney and Heather Beckmann, Senior Planner
Re: Planning Commission Ordinance
Date: February 24, 2006
I BACKGROUND
The proposed amendments to Section 9.5~22 of the Monroe County Land Development Regulations
will affect the qualifications for membership, appointment, removal, terms, vacancies, quorum and
voting of the Planning Commission. Specifically, this ordinance effects the terms and selection of
appointed Planning Commissioners, limits the term of vacancies, expands the field of qualified
candidates and geographic locations, as well as delete term limits. This amendment also allows the
Board to remove a Commissioner who is absent for more than three (3) consecutive regular
meetings.
At the January 25 and February 8 Planning Commission meetings, the Planning Commission
recommended changes to the Ordinance and Staff Report. All proposed changes approved by the
Commission are highlighted in yellow and underlined and in summary( option 1); included the
following: removal of the change in terms, adding that the qualified candidates shall have
experience,reUlOvalofuniform term dates,. and requesting that three consecutive as opposed to
~egulartl1eetiu,g\\foUldcalI for removal. Ina.ddition,tpe removal for just cause wasadde4 bac.k:into
the Ordina1lceapproved by an affirmative vote of at least three members of the commission. BOCe
Ordinance (Option 2) is the original, as proposed ordinance that was approved by the DRC.
II SUMMARY
The original proposed changes were as follows with revisions by the Planning Commission in
yellow:
1. Commissioner Appointments:
The current code provision states that the mayor appoints the members of the Planning Commission
after nominations are put forth by the commissioners, with the advice and consent of the board. This
may have been intended for the initial appointments. The proposed ordinance states that the
commissioner who appointed the person vacating the position on the Planning Commission
nominates a candidate, who then has to be approved by three members of the BOCC. This reflects
the general practice since the Planning Commission was established.
2. Tenns:
.\. "^Jl Plunning Commissioners holding a seat on December 31, 2005, shall serve until
December 31 of the year in which their terms expire, actually 2 3 months more than usuaL
"^....ppointments Me effective January 1 ofilia folIo'.ving year. This gives a new county commissioner
16
in Districts 1, 3 and 5 at leust a month to appoint someone, instead of lea'.'ing the appointment to
someone who is possibly -,c:aoating office.
B. Distriot 2 and 4 are appointed as they are now, but all terms '.",ill commence on January 1
and end on December 31 of each year, clarifying the dates of the terms.
C. This results in uniform terms and dates, retaining staggered terms.
Other options considered were appointing Planning Commissioners in the year of the election of the
county commissioners, or having terms expire when the term of the nominating commissioner
expires. This could mean longer terms for the Planning Commissioners, or if two year terms
continue, possibly five new commissioners in any year. If the terms expire when the county
commissioner's term expires, there will be a gap before nomination.
3. Limiting Vacancies:
The amended ordinance provides that the Planning Commission position will not be vacated until it
is fiJIed; thus, unless there is undue delay, the Commission will always have five members. If a
county commissioner does not nominate someone within 60 days of the vacancy, the mayor shall
put forth a nomination.
4. Additional Qualified Candidates:
Persons nominated must already be qualified electors in Monroe County. Currently, nominations
are supposed to be only from the fields of planning, development and environmental sciences. The
amendment would add additional qualified persons with experience to serve including members of
the business community and other Keys local industries, which I believe has actually been the
practice, and the ordinance should reflect that.
5. Geographical Representation:
The current code states, "... the geographical representation ofthe Keys shall be considered." The
amendment clarifies that specific geographical representation is not required as a condition of
nomination or appointment. A Planning Commission candidate does not have to be from a specific
area.
6.Excused Absences and Removal by the BaCC:
The amendment provides that members of the Planning Commission serve at the pleasure of the
Board of County Commissioners and that removal of a commissioner shall require cause and an
affirmative vote of at least three (3) members of the Board. There is still the requirement that the
candidate must be a qualified elector, and that they may not be absent more than three consecutive
regular meetings; however the amendment provides that there may be excused absences with notice
to the Planning Commission.
7. Term Limits;
The term limitation of three tem1S is deleted, however it is added that each commissioner has to be
reappointed.
III FINDINGS OF FACT
17
1. Staff finds that the proposed changes are consistent with Section 9.5-511(d)(5)b.(v)
"recogni6on of a need for additional detail or comprehensiveness".
2. Staff finds the amendment consistent with the goals, objectives, and policies of the Monroe
County Year 201 0 Comprehensive Plan.
3. Staff finds the amendment consistent with F.A.C Chapters 9J-5, Florida Statutes, Chapter
163, and The Principles for Guiding Development.
IV PROPOSED TEXT CHANGE
Please see attached Ordinance.
VI RECOMMENDED ACTION:
Based on the Findings of Fact and Conclusions of Law above, the Development Review Committee
and Planning Commission recommends APPROVAL of the proposed text changes (with the
proposed revisions in yellow) to Section 9.5-22 of the Monroe County Land Development
Regulations.
18
PLANNING COMMISSION RESOLUTION # P -06
19
PLANNING COMMISSION RESOLUTION NO. P ~06
A RESOLUTION OF MONROE COUNTY, FLORIDA, AMENDING
CHAPTER 9.5 ENTITLED "LAND DEVELOPMENT REGULATIONS" BY
AMENDING SECTION 9.5~22; ESTABLISHING THAT AFTER JANUARY 1,
2006, VACANCIES SHALL BE FILLED BY NOMINATION BY THE
COMMISSIONER OF THE DISTRICT WHO MADE THE APPOINTMENT
FOR THE CURRENT V ACANTPOSITION; REQUIRING APPROVAL BY
A VOTE OF THREE MEMBERS OF THE COUNTY COMMISSION;
PROVIDING NEW EFFECTIVE DATES FOR APPOINTMENTS;
ALLOWING CANDIDATES WITH EXPERIENCE FROM THE BUSINESS
COMMUNITY AND OTHER LOCAL INDUSTRY; PROVIDING FOR
NOMINATION BY THE MAYOR UNDER CERTAIN CONDITIONS;
ALLOWING REMOVAL OF A PLANNING COMMISSIONER ONLY BY
VOTE OF AT LEAST THREE MEMBERS OF THE COUNTY
COMMISSION; ESTABIJSHING THAT PLANNING COMMISSIONERS
SERVE AT THE PLEASURE OF THE BOARD OF COUNTY
COMMISSIONERS; ELIMINATING TERM LIMITS; PROVIDING FOR
EXCUSED ABSENCES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES;
PROVIDING FOR FILING WITH THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE PLANNING COMMISSION OF MONROE COUNTY:
Section 1. Findings by the Board of County Commissioners.
A. The current ordinance on appointments to the Planning Commission gives more control over the
appointments to the person who is the mayor than to the individual commissioners.
B. It is difficult to find a number of planning commission candidates who meet the current selection
criteria of expertise only in environmental fields, development and planning. Allowing persons who
represent the diverse, local, business community to serve on the planning commission will add other
qualified persons to the candidate pool.
C. A planning commissioner may be removed for cause by a majority of the Board of County
Commissioners, allowing two members of a three member quorum to remove a member of the
planning commission, when by procedures adopted by the county commission a vote of at least
three of the members of the county commission is required to appoint a member of the planning
commlSSlon.
D. At present there is a term limit of three (3) consecutive terms for each planning commissioner.
This does not serve the public's interest in retaining those persons who are diligent in their duties
and have an expertise with the procedures and history of the planning commission if they so desire
to serve.
20
E. Termination of a member ofthe planning commission is only for cause, parenthetically listed as
three absences in a three month period, allowing for no excusable absences. There may be occasions
when it is desirable to keep the current member ifthere are extenuating circumstances.
F. The only other provision for termination of a planning commissioner's tenn is a mandatory
tennination by reason of a conviction of a felony or offense of moral turpitude or not being a
qualified elector of Monroe County.
G. It is in the best interests of the public that members of the planning commission serve at the
pleasure of the county commission.
H. The absence of a planning commissioner for lack of an appointment is not in the public interest
and leads to stalled projects, land development regulations and other growth management issues if
there is a tie vote or lack of quorum. Retaining the planning commissioner whose term has expired
until the vacancy is filled will insure the presence of a quorum and help to prevent tie votes.
Assuring the vacancy will be filled by the mayor if a County commissioner does not put forth a
candidate within 60 days will insure that a vacancy does not persist.
L Since the inception of the Planning Board, the mayor and commissioners have individually
nominated candidates for the planning commission and voted for or against the person nominated.
The procedure for appointment by the mayor with the advice and consent of the commission that is
prescribed in the current ordinance has not been followed. The procedure that is followed is a fair
procedure and the ordinance should reflect the actual procedure used by the board of county
commlSSlOners.
Section 2. Sec. 9.5-22 is hereby amended to read as follows*:
Sec. 9.5-22. Planning commission.
* * * * *
(d) Membership: Appointment, Removal, Terms, and Vacancies:
(1) The planning commission shall be composed of five (5) members:, 10 be appointed by the mayor
'liith the advice and consent of the board of county commissioners. Each member of the board of
county commissioners shall submit a name of a oandidate to themayor. Vacancies shall be filled by
the county commission member for the district who made the previous appointment for the vacant
seat. The county commissioner shall nominate a person Qualified as provided in paragraph (c) above
to be approved bv the board of countv commissioners by a vote of at least three (3) members.
Members shall be chosen from electors with experience in the areas of planning, environmental
science, the business community, and the development industry, and other Keys local industries.
*(Coding: Additional language is underlined; deleted language is stricken through.)
together \",ith t The geographical representation of the Keys shall be considered, but not required
when making appointments to the planning commission. Tfno candidate is put forth for approval by
the county commissioner member for the district-prior to sixty days of expiration of the respective
21
planning commissioner's term, the mayor shall submit a candidate for approval by the board of
county commissioners.
(2)Members may be removed for cause prior to the expiration of their appointment shall serve at the
Qleasure of the county commission and may be removed for cause prior to the expiration of their
appointment and such removal shall be approved by the affirmative vote of at least three (3)
members majority vote of the board of county commissioners.:-and shall be compensated as
determined by the board of county commissioners. [See Sec. 2 6.]
(3) All members shall serve a term of two (2) years and there shall be no temllimit, however each
member shall be reappointed. except that two (2) members shall be appointed for an initial torm of
one (1) year. No member shall serve more than three (3) consecutive terms. Planning commission
members shall be compensated as determined by the board of county commissioners.
* * * * *
(6) If any member of the commission shall fail to attend three (3) regular consecutive meetings
without prior notice and an excuse sufficient to the planning commission within any three month
period, such failure shall constitute sufficient grounds for termination of the member's appointment.
The commission coordinator shall notify the chairman or the vice-chairman, as the case may be, and
he/she shall immediately file a notification of such nonattendance with the county administrator for
placement on the agenda of the board of county commissioners; and the board shall, by appropriate
action, terminate the appointment of such person and fill the vacancy thereby created as soon as
practicable. A member who desires to be excused shall contact the commission coordinator prior to
the meeting. The commission coordinator shall report the request to the chairman who shall make
the determination to grant or deny the request.
Section 3.
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 4.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5.
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.
Section 6.
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 and upon approval by the Department of Community Affairs of the State of Florida
according to the terms of the approval.
22
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 8th day of February, 2006.
James D. Cameron, Chair
Julio Margalli, Vice Chair
Michelle Cates Deal, Commissioner
Randolph D. Wall, Commissioner
Sherry Popham, Commissioner
Department of Health (by FAX)
Department of Public Works (by FAX)
Department of Engineering (by FAX)
YES
YES
YES
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA
By
] ames D. Cameron, Chair
Signed this
day of
,2006
23
DEVELOPMENT REVIEW COMMITTEE RESOLUTION # -06
24
DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. -06
A RESOLUTION OF MONROE COUNTY, FLORIDA, AMENDING
CHAPTER 9.5 ENTITLED "LAND DEVELOPMENT REGULATIONS" BY
AMENDING SECTION 9.5-22; PROVIDING THAT THE TERM OF EACH
PLANNING COMMISSION MEl\IBER IN OFFICE DECEMBER 31, 2005
SHALL EXPIRE DECEMBER 31 OF THE YEAR IN \VHICH THE
MEMBER'S TERM EXPIRES; ESTABLISHING THAT AFTER JANUARY
1, 2006, VACANCIES SHAI,L BE FILLED BY NOMINATION BY THE
COMMISSIONER OF THE DISTRICT WHO MADE THE APPOINTMENT
FOR THE CURRENT VACANT POSITION; REQUIRING APPROVAL BY
A VOTE OF THREE MEMBERS OF THE COUNTY COMMISSION;
PROVIDING NEW EFFECTIVE DATES FOR APPOINTMENTS;
ALLOWING CANDIDATES FROM THE BUSINESS COMMUNITY AND
OTHER LOCAL INDUSTRY; PROVIDING FOR NOMINATION BY THE
MAYOR UNDER CERTAIN CONDITIONS; PROVIDING FOR UNIFORM
TERM DATES; ALLOWING REMOVAL OF A PLANNING
COMMISSIONER ONLY BY VOTE OF AT LEAST THREE MEMBERS OF
THE COUNTY COMMISSION; ESTABLISHING THAT PLANNING
COMMISSIONERS SERVE AT THE PLEASURE OF THE BOARD OF
COUNTY COMMISSIONERS; ELIMINATING TERM LIMITS;
PROVIDING FOR EXCUSED ABSENCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
CODE OF ORDINANCES; PROVIDING FOR FILING WITH THE
SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE
COUNTY:
Section 1. Findings by the Board of County Commissioners.
A. The current ordinance on appointments to the Planning Commission gives more control over the
appointments to the person who is the mayor than to the individual commissioners.
B. Three of the appointments arc cun-cntly made in September or October prior to or during election
time in even years. Two appointments are made a year after an election in odd years. All
appointments are for a term of two years.
C. A fall appointment date for the members of the planning commission may lead to a "lame duck"
appointment by a county commissioner who is not running for office or to an appointment for
political reasons to further an incumbent's election prospects, and therefore a date for appointments
after November of each year is more representative of the political desires of the electorate.
D. It is difficult to find a number of planning commission candidates who meet the current selection
criteria of expertise only in environmental fields, development and planning. Allowing persons who
represent the diverse, local, business community to serve on the planning commission will add other
qualified persons to the candidate pool.
25
E. A planning commissioner may be removed for cause by a majority of the Board of County
Commissioners, allowing two members of a three member quorum to remove a member of the
planning commission, when by procedures adopted by the county commission a vote of at least
three of the members of the county commission is required to appoint a member of the planning
commlSSlOn.
F. At present there is a term limit of three (3) consecutive terms for each planning commissioner.
This does not serve the public's interest in retaining those persons who are diligent in their duties
and have an expertise with the procedures and history of the planning commission if they so desire
to serve.
G. Termination of a member of the planning commission is only for cause, parenthetically listed as
three absences in a three month period, allowing for no excusable absences. There may be occasions
when it is desirable to keep the current member if there are extenuating circumstances.
H. The only other provision for termination of a planning commissioner's term is a mandatory
termination by reason of a conviction of a felony or offense of moral turpitude or not being a
qualified elector of Monroe County.
L It is in the best interests of the public that members of the planning commission serve at the
pleasure of the county commission.
J. The five members on the Planning Commission with the district of the commissioner appointing
them and teIm expiration dates are as indicated below:
L District I
2. District 2
3. District 3
4. District 4
5. District 5
James D. Cameron Term expires September 1,2006
Michelle C. Deal,Esq. Term expires November 15, 2007
Julio Margalli, Esq. Term expires October 16,2006
Lynn Mapes Term expires September 20,2007
Randy Wall Term expires September 1,2006
K. The dates of the terms of each planning commissioner are different. Uniform, although
staggered, terms would be of benefit to the public and to those responsible for the appointment of
each commissioner.
L The absence of a planning commissioner for lack of an appointment is not in the public interest
and leads to stalled projects, land development regulations and other growth management issues if
there is a tie vote or lack of quorum. Retaining the planning commissioner whose term has expired
until the vacancy is filled will insure the presence of a quorum and help to prevent tie votes.
Assuring the vacancy will be filled by the mayor if a County commissioner does not put forth a
candidate within 60 days will insure that a vacancy does not persist.
M. Since the inception of the Planning Board, the mayor and commissioners have individually
nominated candidates for the planning commission and voted for or against the person nominated.
The procedure for appointment by the mayor with the advice and consent of the commission that is
prescribed in the cun-ent ordinance has not been followed. The procedure that is followed is a fair
26
procedure and the ordinance should reflect the actual procedure used by the board of county
commISSIOners.
Section 2. Sec. 9.5-22 is hereby amended to read as follows*:
Sec. 9.5-22. Planning commission.
* * * * *
(d) Membership: Appointment, Removal, Terms, and Vacancies:
(1) The planning commission shall be composed of five (5) members.:. 10 be appointed by the mayor
with the advice and consent of the board of county commissioners. Each member of th6 board of
oounty commissioners shall submit a name of a candidate to the
mayor. Those persons holding a seat on the planning commission on December 3 L 2005, shall
remain in office until December 31 of the year in which their term expires. After January L 2006,
when the terms orthe members of the planning: commission expire or are vacant the vacancies shall
be filled by the county commission member for the district who made the previous appointment for
the vacant seat. Vacancies for District 1, District 3 and District 5 shall be made effective January I
of odd numbered years. District 2 and District 4 vacancies shall be made effective January I of the
even years. The county commissioner shall nominate a person qualified as provided in paragraph
(c) above to be approved by the board of countv commissioners by a vote of at least three (3)
members. Members shall be chosen from the areas of planning, environmental science, the business
community. iifl:4 the development industry, and other Kevs local industries.
*(Coding: Additional language is underlined; deleted language is stricken through.)
together \vith t The geographical representation of the Keys shall be considered, but not required
when making appointments to the planning commission. Ifno candidate is put forth for approval by
the county commissioner within sixty days of expiration of the respective planning commissioner's
term, the mayor shall submit a candidate for approval by the board of county commissioners. After
January 1. 2006, the terms of all new members of the planning commission shall run from January 1
to December 31 for two Years. If a planning commissioner's term expires on December 31 of any
year, the planning commissioner shall remain in office until his or her re-appointment or a new
appointment is ratified by the Board of County Commissioners. If an appointment is made and takes
effect later than January 1 of any vear, accepting and filling such an appointment shall constitute the
filling of a two year term which ends December 31 in the normal year of termination.
(2)Members may be remO'led for cuuse prior to the expiration of their appointment shall serve at the
pleasure of the countv commission and may be removed by the affimlative vote of at least three (3)
members majority vote of the board of county commissioners.:..-and shall be compensated as
determined by the board of county oommissioners. [See Sec. 2 6.]
(3) }Jl members shall serve a term oft'so (2) years except that two (2) members shall be appointed
for an initial term of one (1) y-ear. No member shall serve more than three (3) consecutive temlS.
Planning commission members shall be compensated as determined by the board of county
commISSIOners.
27
* * * * *
(6) If any member of the commission shall fail to attend three (3) regular meetings without prior
notice and an excuse sufficient to the planning commission within any three month period, such
failure shall constitute sufficient grounds for termination of the member's appointment. The
chairman or the vice-chairman, as the case may be, shall immediately file a notification of such
nonattendance with the county administrator for placement on the agenda of the board of county
commissioners; and the board shall, by appropriate action, terminate the appointment of such person
and fill the vacancy thereby created as soon as practicable.
Section 3.
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 4.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5.
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.
Section 6.
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 and upon approval by the Department of Community Affairs of the State of Florida
according to the terms of the approval.
PASSED AND ADOPTED by the Development Review Committee of Monroe County at a
regular meeting held on the 10th day of January, 2006.
Aref Joulani, Senior Administrator of Development Review YES
Heather Beckmann, Senior Planner YES
Ralph Gouldy, Sf. Administrator of Environmental Resources YES
David Dacquisto, Director of Island Planning YES
Department of Hea1th (by FAX) YES
Department of Public \-Vorks (by FAX) YES
Department of Engineering (by FAX) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE
COUNTY, FLORIDA
By
Signed this
Aref Joulani, DRC Chair
day of , 2006
28
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Jerry Sanders
RE:
Item Q-3
DATE:
March 14,2006
Item Q-3 has been clarified to reflect the involvement of Jerry Sanders, Asst. County
Attorney as opposed to Susan Grimsley, Asst. County Attorney in the writing of the
BaCC Staff Report. The original Memorandum dated January 6, 2006 written by Susan
Grimsley, Asst. County Attorney has been added for reference,
G.'->~
MEMORANDUM
To: Board of County Commissioners
From: Jerry Sanders, Asst. County Attorney and Heather Beckmann, Senior Planner
Re: Planning Commission Ordinance
Date: February 24, 2006
I BACKGROUND
The proposed amendments to Section 9.5-22 of the Monroe County Land Development Regulations
will affect the qualifications for membership, appointment, removal, terms, vacancies, quorum and
voting of the Planning Commission. Specifically, this ordinance effects the terms and selection of
appointed Planning Commissioners, limits the term of vacancies, expands the field of qualified
candidates and geographic locations, as well as delete term limits. This amendment also allows the
Board to remove a Commissioner who is absent for more than three (3) consecutive regular
meetings.
II SUMMARY
The original proposed changes were as follows with revisions by the Planning Commission in
yellow:
1. Commissioner Ap.pointments:
The current code provision states that the mayor appoints the members of the Planning Commission
after nominations are put forth by the commissioners, with the advice and consent of the board. This
may have been intended for the initial appointments. The proposed ordinance states that the
commissioner who appointed the person vacating the position on the Planning Commission
nominates a candidate, who then has to be approved by three members of the BOCC. This reflects
the general practice since the Planning Commission was established.
15
:__:;1
;?iJ;:;'L,~;H';:;}i ':; >
'-''If'
'%J}H% ""'''''''',' , , "'"."., "
.,'rs;e:~;K<"i!~!g;;*1, .,-; ,. ..' , ',_ ",.,'" ',.. '" _, ,_' _ , '"" ,', '" ~ ,., ", "'"
Other options considered were appointing Planning Commissioners in the year of the election of the
county commissioners, or having terms expire when the term of the nominating commissioner
expires. This could mean longer terms for the Planning Commissioners, or if two year terms
continue, possibly five new commissioners in any year. If the terms expire when the county
commissioner's term expires, there will be a gap before nomination.
3. Limitinll Vacancies:
The amended ordinance provides that the Planning Commission position will not be vacated until it
is filled; thus, unless there is undue delay, the Commission will always have five members. If a
county commissioner does not nominate someone within 60 days of the vacancy, the mayor shall
put forth a nomination.
4. Additional Oualified Candidates:
Persons nominated must already be qualified electors in Monroe County. Currently, nominations
are supposed to be only from the fields of Planning'IiiiiiIi"".de~elo ment and environmental sciences. The
amendment would add additional qualified persons t , ,to serve including members of
the business community and other Keys local industries, which I believe has actually been the
practice, and the ordinance should reflect that.
5, Geographical Representation:
The current code states, "." the geographical representation of the Keys shall be considered." The
amendment clarifies that specific geographical representation is not required as a condition of
nomination or appointment. A Planning Commission candidate does not have to be from a specific
area.
6.Excused Absences and Removal by the BOCC:
The amendment provides that members of the Plannin
Board of Count Commissioners
There is still the requirem~~tt~~~!h~
candidate must be a qualified elector, and that they may not be absent more than three _..
regular meetings; however the amendment provides that there may be excused absences with notice
to the Planning Commission.
7. Term Limits:
The term limitation of three terms is deleted,
rill,,',"'''''"'''''''' ')Ii'''.''.
'..'.~:~j>.
..
III FINDINGS OF FACT
16
1. Staff finds that the proposed changes are consistent with Section 9.5-511(d)(5)b.(v)
"recognition of a need for additional detail or comprehensiveness",
2. Staff finds the amendment consistent with the goals, objectives, and policies of the Monroe
County Year 2010 Comprehensive Plan.
3. Staff finds the amendment consistent with F.A.C. Chapters 9J-5, Florida Statutes, Chapter
163, and The Principles for Guiding Development.
IV PROPOSED TEXT CHANGE
Please see attached Ordinance,
VI RECOMMENDED ACTION:
Based on the Findings of Fact and Conclusions of Law above, the Development Review Committee
and Planning Commission recommends APPROVAL of the proposed text changes (with the
proposed revisions in yellow) to Section 9.5-22 of the Monroe County Land Development
Regulations.
*THE ORIGINAL MEMORANDUM AS WRITTEN BY SUSAN GRIMSLEY,
ASST. COUNTY ATTORNEY TO TIM MCGARRY IS ATTACHED FOR
REFERENCE.
17
E-Mailed and Sent by Courier
OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM WITH CORRECTION TO PARAGRAPH 6
To: Tim McGarry, Growth Management Director
From: Susan Grimsley, Asst. County Attorney
Re: Planning Commission Ordinance
Date: January 6, 2006 correction to Memorandum of November 23, 2005
Thank you for discussing the proposed changes in the Planning Board Code provisions
with me. I am forwarding to you the ordinance as reviewed by Commissioner Spehar.
She understands your process, and is always open to public input.
The changes are as follows:
1, Commissioner Aooointments:
The current code provision states that the mayor appoints the members of the Planning
Commission after nominations are put forth by the commissioners, with the advice and
consent of the board, This may have been intended for the initial appointments, The
proposed ordinance states that the commissioner who appointed the person vacating the
position on the Planning Commission nominates a candidate, who then has to be
approved by three members of the BOCC. This reflects the general practice since the
Planning Commission was established.
2, Terms:
A. All Planning Commissioners holding a seat on December 31, 2005, shall serve
until December 31 of the year in which their terms expire, actually 2-3 months more than
usual. Appointments are effective January 1 of the following year. This gives a new
county commissioner in Districts 1, 3 and 5 at least a month to appoint someone, instead
ofleaving the appointment to someone who is possibly vacating office,
B. District 2 and 4 are appointed as they are now, but all terms will commence on
January 1 and end on December 31 of each year, clarifying the dates of the terms,
C. This results in uniform terms and dates, retaining staggered terms.
Other options considered were appointing Planning Commissioners in the year of the
election of the county commissioners, or having terms expire when the term of the
nominating commissioner expires. This could mean longer terms for the Planning
Commissioners, or if two year terms continue, possibly five new commissioners in any
year. If the terms expire when the county commissioner's term expires, there will be a
gap before nomination,
E-Mailed and Sent by Courier
3. Limitin2 Vacancies:
The amended ordinance provides that the Planning Commission position will not be
vacated until it is filled; thus, unless there is undue delay, the Commission will always
have five members, If a county commissioner does not nominate someone within 60 days
of the vacancy, the mayor may put forth a nomination,
4. Additional Oualified Candidates:
Persons nominated must already be qualified electors in Monroe County. Currently,
nominations are supposed to be only from the fields of planning, development and
environmental sciences, The amendment would add additional qualified persons to serve
including members of the business community and other Keys local industries, which I
believe has actually been the practice, and the ordinance should reflect that.
5, Geographical Reoresentation:
The current code states, "". the geographical representation of the Keys shall be
considered," The amendment clarifies that specific geographical representation is not
required as a condition of nomination or appointment. A Planning Commission candidate
does not have to be from a specific area.
6.Excused Absences and Removal bv the Bacc:
The amendment provides that members of the Planning Commission serve at the pleasure
of the Board of County Commissioners, There is still the requirement that the candidate
must be a qualified elector, and that they may not be absent more than three eeRseeative*
regular meetings; however the amendment provides that there may be excused absences
with notice to the Planning Commission,
7. Term Limits:
The term limitation of three terms is deleted,
I hope I have represented this clearly. Let me know if you have any questions for me, or
if you see any inaccuracies.
* The original and amended ordinance do not use the word "consecutive",
Cc: Mayor and County Commissioners
Richard Collins, County Attorney