Ordinance 014-1996 •
Growth Management Division
ORDINANCE NO. 014-1996
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
DECLARING THAT AN EMERGENCY EXISTS AND
WAIVING NOTICE BY A FOUR-FIFTH'S VOTE;
AMENDING MONROE COUNTY CODE § 2-1.1 TO
PROVIDE THAT THE HEARING OFFICER WHOSE
EMPLOYMENT IS AUTHORIZED UNDER THAT = • -71
ORDINANCE IS TO BE COMPENSATED AT THE RATE a,
OF $150.00 PER HOUR, AND AMENDING CERTAIN -2 -,- o
•
REFERENCES TO THE MONROE COUNTY CODE FOR ' CO 'T,
CONSISTENCY WITH THE NEWLY EFFECTIVE = !.
MONROE COUNTY YEAR 2010 COMPREHENSIVE =' -
PLAN; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES o
INCONSISTENT HEREWITH; PROVIDING FOR LA)
INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Monroe County Year 2010 Comprehensive Plan became effective
on January 4, 1996; and
WHEREAS, Policies No. 101.18.1, 101.18.2, 101.18.3, and 101.18.4 of the new
Comprehensive Plan outline procedures by which vested rights hearings will be
conducted; and
WHEREAS, Section 2-1.1, Monroe County Code, provides procedures for the
hiring and utilization of a hearing officer in vested rights and beneficial use cases; and
WHEREAS, the compensation to the hearing officer and certain references to
Monroe County Code sections contained in Section 2-1.1, Monroe County Code, have
become outdated; and
WHEREAS, there is'an immediate need for the appointment of a hearing officer
to perform the duties set forth in Policy 101.18.1(b)-(d); NOW THEREFORE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT:
Section 1. Monroe County Code Section 2-1.1(a) is hereby amended to
read as follows:
(a) There is hereby created within the office of the county administrator a
hearing officer division. Individuals employed by this division shall be part-time
employees as that term is defined elsewhere in this Code and entitled to all benefits
accruing to such employees. Individuals so employed shall be considered employees
of the county administrator and shall in no fashion be considered employees of the
county attorney's office. Individuals to be employed as hearing officer shall be hired
according to the method described in section 2 51(7), Monroe County Cod° by the
County Administrator and shall be formerly seated Monroe County Circuit Judges.
Section 2. Monroe County Code Section 2-1.1(b) is hereby amended to
read as follows:
(b) The employee's gross wage shall be 00 $150.00 per hour.
Section 3. Monroe County Code, Section 2-1.1(c)(1) is hereby amended to
read as follows:
1. Conduct beneficial use hearings and prepare
recommended orders therefore according to the terms of
Section 8 101, et seq., Monroe County Development
Regulations the Monroe County Year 2010 Comprehensive
Plan, Policy No. 101.18.5, and beneficial use procedures
adopted pursuant thereto, including all preliminary
matters connected therewith. Recommended orders shall
be rendered according to the standards of Section 8 101,
ct seq., Monroe County Development Regulations the
Monroe County Year 2010 Comprehensive Plan, Policy No.
101.18.5, and beneficial use procedures adopted pursuant
thereto, except to the extent that the employee, in his or
her professional judgment, believes such standards are
superseded by the laws or constitution of the State of
Florida or the United States of America. Applications for
beneficial use hearings shall be assigned to the employee
at the discretion of the County Administrator or his
designee.
Section 4. Monroe County Code, Section 2-1.1(c)(2) is hereby amended to
read as follows:
2. Conduct vested rights hearings and prepare
recommended orders therefore according to the terms of
Section 8 301, et seq., Monroe County Development
Regula414?Rs the Monroe County Year 2010 Comprehensive
Plan, Policies No. 101.18.1, 101.18.2, 101.18.3, and 101.18.4,
including all preliminary matters connected therewith.
Recommended orders shall be rendered according to the
• standards of Section 8 301, et seq., Monroe County
Development Reg, lations the Monroe County Year 2010
Comprehensive Plan, Policies No. 101.18.1, 101.18.2,
101.18.3, and 101.18.4, except to the extent that the
employee, in his or her professional judgment, believes
such standards are superseded by the laws or constitution
of the State of Florida or the United States of America.
Applications for,vested rights hearings shall be assigned to
the employee at the discretion of the County
Administrator or his designee.
Section 5. Monroe County Code Section 2-1.1(d) is hereby amended to
read as follows:
(d) In performance of the above described duties-end
pursuant to the authority of Section 9.5 27(c) the
employee also has the responsibility to issue subpoenas to
compel the attendance of witnesses and production of
documents, and to administer oaths to witnesses
appearing at any hearing.
Section 6. All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
Section 7. If any section, subsection, sentence, clause, item, change or
provision of this ordinance is held invalid, the remainder of this ordinance shall not be
affected by such invalidity.
Section 8. This ordinance shall take effect when a copy hereof has been
accepted by the postal authorities of the United States Postal Service for special
delivery by registered mail to the Department of State of the State of Florida.
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§ 2-1 MONROE COUNTY CODE
ARTICLE I. IN GENERAL
Sec. 2.1. County administration law adopted.
(a) The board of county commissioners hereby expressly adopts
the County Administration Law as contained in part III of chapter
125, Florida,Statutes.
(b) In case of a capital project with an estimated completion
cost in excess of one hundred thousand dollars ($100,000.00) and
which is the subject of previously executed construction con-
tract(s), the county administrator is authorized to sign and exe-
cute change orders not to exceed twenty-five thousand dollars
($25,000.00) without the approval of the county commission.
(c) The county administrator is authorized to sign and execute
contracts not to exceed one thousand dollars ($1,000.00) for the
purchase of goods or services, to execute airport sign leases, and
to sign and execute contracts providing for services to be rendered
by county personnel at Bayshore Manor.
(Ord. No. 13-1977, § 1; Ord. No. 29-1991, § 1; Ord. No. 11-1993, §
1; Ord. No. 6-1994, § 1)
Sec. 2.1.1. Hearing officer division.
(a) There is hereby created within the office of the county ad-
ministrator a hearing officer division. Individuals employed by
this division shall be part-time employees as that term is defined
elsewhere in this Code and entitled to all benefits accruing to
such employees.Individuals so employed shall be considered em-
ployees of the county administrator and shall in no fashion be
considered employees of the county attorney's office. Individuals
to be employed as hearing officers shall be hired according to the
method described in section 2-51(7), Monroe County Code.
(b) The employee's gross wage shall be one hundred twenty-
five dollars ($125.00) per hour.
(c) The employee shall have the following duties:
(1) Conduct beneficial use hearings and prepare recommended
orders therefor according to the terms of section 9.5-161 et
seq., including all preliminary matters connected there-
with. Recommended orders shall be rendered according to
Supp. No. 52 54
ADMINISTRATION § 2-1.1
the standards of section 9.5-161 et seq., except to the extent
that the employee, in his or her professional judgment,
believes such standards are superseded by the laws or con-
stitution of the State of Florida or the United States of
America. Applications for beneficial use hearings shall be
assigned to the employee at the discretion of the county
administrator or his designee.
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Supp. No. 48 54.1
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Aiannp IL. i&ott,age
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
February 1, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No. 014-1996,
declaring that an emergency exists and waiving notice by a four-fifth's vote; amending •
Monroe County Code 2-1.1 to provide that the Hearing Officer whose employment is
authorized under that ordinance is to be compensated at the rate of$150.00 per hour,
and amending certain reference to the Monroe County Code for consistency with the
newly effective Monroe County Year 2010 Comprehensive Plan; providing for
severability; providing for the repeal of all ordinances inconsistent herewith;providing
for incorporation into the Monroe County Code of Ordinances; and providing for an
effective date.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Special Meeting, in formal session, on January 29, 1996.
' e
•
Mrs. Liz Cloud
February 1, 1996
Page 2
Please file for record.
Sincerely,
Danny L.Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
%ado
I eputy erk
cc: Mayor Shirley Freeman
Mayor Pro tem Jack London
Commissioner Keith Douglass
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Bob Herman, Growth Management Director
County Attorney,Attn: Angela Adams
County Administrator
Municipal Code Corporation
File
. i SENDER:— — —'— —
I • Complete items 1 and/or 2 for additional services. 13IS0 wish to receive the
I • Complete items 3,and 4a&b. following services(for an extra fee):
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• Attach this form to the front of the mailpiece,or on the back if space does not permit. 2 0 Restricted Deliver
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3.Article Addressed to !l,.. '''' - . ' - 4a.Article Number
MRS. LIZ CLOUD- P 916 123 646 .
FLORIDA DEPT OF STATE 4b.Service Type
BUREAU OF ADMINISTRATIVE .CODE AND LAWS
THE ELLIOT BLDG. 0 CERTIFIED
401 SOUTH MONROE ST. - -
TALLAHASSEE, FL. 32399-0250 7.Date of Delivery
(ORD.014-1996)•
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sENDER: ; I also wish to receive the
I Complete.items 1 and/or 2 for additional services.
I�?tgfnplete-items 3,and 4a&b. following services(for an extra fee): ,I
I N Printayour name and address on the reverse of this form so that we can return this card
to yo5e. . 1. 0 Addressee's Address
• At1 ch this form to the front of the mailpiece,or on the back if space does not permit.
Is Write"Return Receipt Requested"on the mailpiece'below the article number. 2. ❑ Restricted Delivery
•,'Jhe`Return Receipt Fee will provide you the signature of the person delivered to and the i rdate.of delivery. Consult postmaster for fee.
3:article Addressed to: ' • . 4a.Article Number
MUNICIPAL CODE CORPORATION P 916 123 647
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FLORIDA DEPARTMENT OF STATE
Sandra B. Mortharn
Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
February 7, 1996
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
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Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letters dated January 29 and
February 1, 1996 and certified copy each of Monroe County
Ordinance Nos. 96-4 through 96-14 inclusive, which were filed
in this office on February 6, 1996.
Si~lY' ~
Liz Cl~Chief
Bureau of Administrative Code
LC/mw
MUN:•-!PAL CON. CORPORATION
Fippligient. Department N4:4
PO Fo- 2235 H4
`‘, 0464 ,c,-,"'"ir""
Ft 32310235 ...,/;134U.S.POSTAGt
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gx FEB1216 virrir. LI
SupplPment 59 02112!qf - n
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LC" P.B.WIT2E2R4
WE iVp received the following material.
Thank you for your Assistance and cooperation.
Ordir,ance Nos, 001-1996, 002-1996, 003-1996,
•
,)14- '936 and 026-1995.
TCi
fls. Ruth Ann Jant:en
Deputy Clerk
Monloe County
PO Box 1980
Vey (1,? t, 33040
180)-262-COD6 ftlation1) EDJ
Sen.f .:ca ordinances to ords@mail.AunicoJe.com
Visit our home page at http://www,municode.com
•