Item O3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 19.2009
Division: Growth Management
Bulk Item: Yes
No ----X
Department:
Staff Contact Person/Phone #: Susan Grimsley
Ext. 2524
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County
Board of County Commissioners amending Section 102-20 of the Monroe County Code concerning the
appointments and terms of members of the Planning Commission and vacancies thereon; deleting
removal for cause except as specifically set forth; deleting the requirement for special meetings;
removing the for time certain public hearings and adding a military representative as an ex officio
member.
ITEM BACKGROUND: At the April 15, 2009 BOCC meeting the Board approved Resolution 120a-
2009 directing the Growth Management Division Director to amend Section 102-20 of the Monroe
County Code to establish the terms of members of the Planning Commission to be commensurate with
the terms of the sponsoring BOCC Commissioner. The proposed ordinance addresses the changes
outlined in the above referenced resolution and also makes changes to the rest of Section 102-20.
PREVIOUS RELEVANT BOCC ACTION:
April IS, 2009 - BOCC approved Resolution No. 120a-2009
CONTRACT/AGREEMENT CHANGES: nla
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
n/a
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
nla
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No x
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ---1L OMBlPurchasing _ Risk Management_
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional andfair
To: Board of County Commissioners
From: Susan Mary Grimsley, Assistant County Attorney
Date: July 20, 2009
RE: Ordinance Changing Planning Commission Terms
On April 15, 2009, by BOCC Resolution 120a. 2009, staff was directed to immediately
pursue the revision of Section 102-20 of the Monroe County Code to provide that the
appointed terms of the members of the Planning Commission shall be commensurate with
the term of the sponsoring member of the Board of County Commissioners.
The opportunity was taken to make other changes in the rest of Section 102.20.
The ordinance as now changed provides the following:
1. Members serve from their appointment dates until removed or replaced.
2. Removal for cause, currently and in the revision, includes:
(a) The member is no longer a qualified elector or is convicted of a felony or an
offense involving moral turpitude
(b) Is absent for three consecutive meetings without an excuse sufficient to the
Planning Commission.
3. Members serve at the pleasure of the BOCC; however, it takes three votes to remove
the planning commissioner.
4. If there is a vacancy for more than 60 days on the Planning Commission, the Mayor
may appoint a person to serve until the Board approves a new member. (This is similar to
the existing requirement that the Mayor put forth a nomination 60 days prior to an
expiring term if the district commissioner fails to do so, for instance if there was no
BOCC commissioner in office at the time of expiration.)
5. At or before the February BOCC meeting following an election of members to the
BOCC, the newly elected or re.elected BOCC members shall nominate for appointment,
or ask for ratification of the appointment, a member of the Planning Commission.
Members currently serving will be covered by this process. There will be no need to
reappoint them until after the 2010 elections, when Mayor Neugent's and Commissioner
DiGelUlaro's appointments will be subject to this requirement. If no candidate is put
forth. the office will be deemed vacant. This was added since the Planning Commission
meeting. for clarity as to the status of a seated olanning commissioner neither re-
appointed nor replaced.
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6. Pursuant to F. S. Sec. 163.3175(5)t a representative of a military installation acting on
behalf of all military installations within the jurisdiction shall be included as an ex officio
non-voting member of the planning commission. The commander of the Naval Air
Station Key West or designee was added to be this membert similar to the City of Key
West.
7. The requirement to hold a special meeting within seven working clays if a quorum is
not present at a regular meeting was removed as unduly burdensomet as there would
likely be an emergency situation if three members could not be present. The Chairman
may still call a special meeting.
8. The requirement for public hearings to be set for a time certain is redundant and
implies a certain hour of the clay other than the beginning of the meeting; that was
removed. By their nature, all public hearings have to be noticed for a time certain.
This ordinance was heard by the Planning Commission at its meeting on June 24t 2009t
and recommended for approval by a 3-1 vote.
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ORDINANCE
- 2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 102-20 OF
THE MONROE COUNTY CODE CONCERNING THE
APPOINTMENTS AND TERMS OF MEMBERS OF THE
PLANNING COMMISSION AND VACANCIES THEREON;
DELETING REMOVAL FOR CAUSE EXCEPT AS SPECIFICALLY
SET FORTH; DELETING THE REQUIREMENT FOR SPECIAL
MEETINGS; REMOVING THE REQUIREMENT FOR TIME
CERTAIN PUBLIC HEARINGS; ADDING A MILITARY
REPRESENTATIVE AS AN EX OFFICIO MEMBER; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL
TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE
SECRETARY OF STATE; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Soard of County Commissioners (SaCC) desires to align the terms of the
Planning Commission appointees more closely with the terms of the sacc members; and
WHEREAS, the SDCC desires to clarify that there may be removal of commissioners on the
Planning Commission at the pleasure of the county commission or for cause which is now
defined in the code as (a) three unexcused absences or (b) commission of a felony or an
offense involving moral turpitude, or (3) no longer being a qualified elector of the county; and
WHEREAS, the requirement to have a special meeting within seven days if a quorum is not
present at a regular meeting is unduly burdensome given that the reasons for lack of
a quorum would most likely be of such an emergency to prevent a meeting within seven days;
additionally, a provision allowing a special meeting to be called by the chairman is currently
provided; and
WHEREAS, this ordinance was recommended for approval to the Soard of County
Commissioners by the Planning Commission at its meeting of June 24, 2009;
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS:
Section 1. Section 102-20 is amended as follows:
Page 1 of 6
1 Sec. 102-20. Planning commission.
2 (a) Creation. There is hereby established a planning commission.
3
4 (b) Powers and duties. The planning commission shall have the following powers and duties:
5 (1) To serve as the local planning agency (LPA), required by F.S. ~ 163.3174;
6 (2) To prepare or cause to be prepared a comprehensive plan or element thereof and to submit
7 to the board of county commissioners an annual report recommending amendments to such
8 plan;
9 (3) To review and make recommendations to the board of county commissioners in regard to
o amendment of the official land use district map;
1 (4) To hear, review and approve or disapprove applications for minor or major conditional use
2 permits;
3 (5) To initiate, hear, review and make recommendations to the board of county commissioners
4 on applications for amendment to the text of this chapter;
5 (6) To hear, review and recommend approval or disapproval of all plats in accordance with the
6 rules and regulations established by the board of county commissioners;
7 (7) To hear, consider and act on appeals of administrative actions;
8 (8) To act to ensure compliance with conditional use permits, as approved and issued;
9 (9) To make its special knowledge and expertise available upon reasonably written request and
o authorization of the board of county commissioners to any official, department, board.
1 commission or agency of the county, state or federal government; and
2 (10) To adopt such rules of procedure necessary for the administration of its responsibilities not
3 inconsistent with this article to govern the commission's proceedings.
4
5 (c) Qualifications for membership. *Members shall be chosen from persons with experience in
6 the areas of plannina. environmental science. the business community. the development
7 industrv. and other Kevs local industries. Members of the planning commission shall be
8 qualified electors in the county. In the event that any member is no longer a qualified elector or
9 is convicted of a felony or an offense involving moral turpitude while in office, the board of
o county commissioners shall terminate the appointment of such person as a member of the
1 commission.
2
3 *Editor's note NOT Dart of text:: This existina orovision is moved from later section (d)(1J
4
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1
2 (d) Membership: appointment, removal, terms, and vacancies,
3 (1) The planning commission shall be composed of five members, Vacancies shall be filled by
4 nomination by the district's commissioner for the district whose member on the board of county
5 commissioners member for the district wl=HHnade the previous appointment for the vacant seat.
6 The county commissioner shall nominate a person qualified as provided in subsection (c) of this
7 section to be approved by the board of county commissioners by a vote of at least three
8 members. Members shall be chosen froFFl eleGteffs '....ith experienGe iF! the areas of planning,
9 en'o'irenFFlental science, the lablsiness community, the de'o'elopment industry, ans other Keys local
o inSustries. The geographical representation of the Keys shall be considered, but not required
1 when making appointments to the planning commission. If na candidate is put forth for approval
2 BY the BearS af Gablnty GOFFlFFlissioners member for the district prior to 60 days of expiration of
3 the respecti'/e planning commissioner's term, the mayor shall submit a GanEtiElate fer appre..-al BY
4 the board of county commissioner-so If there is a vacancy on the plannina commission which
5 remains unfilled for more than sixtv (60) days, the mayor may appoint a person to hold the office
6 until an appointment is approved by the county commission,
7 (2) Members shall serve at the pleasure of the board of county commissioners,,-or may be
8 rema':es fer Gablse priar to the expiration of their appointment and suoh r Removal
9 shall be approved by the affirmative vote of at least three members of the board of county
o commissioners.
1 (3) All meFFlBeFs shall serve a term of two years and there shall be no term limit, howe'o'er each
2 member shall be reappointed. Planning commission members shall be compensated as
3 deteFFFliF!ea BY the saari:! of county commissioners, All appointments shall terminate upon
4 replacement by a County Commissioner with another person appointed and approved by the
5 county commission. Confirmation of existina appointments or nominations for new appointments
6 bY all county commissioners elected in the fall of each election year shall be made by those
7 commissioners at or before the recular monthlv meetinc of the board of county commissioners
8 in February of each year followinc an election year. If such ratification or appointment does not
9 take place, the respective planninc commission seat shall be deemed vacant. Terms of the
o planninc commission appointments shall be from their appointment dates until replaced or
1 terminated. Planninc Commission members servinc as of Aucust 1, 2009 shall be subiect to the
2 provision of this subsection and shall serve until replaced as described above, whether fillina out
3 the term of a previously appointed member or servina their own terms.
Page 3 of 6
1 (4) At an annual organizational meeting, the members of the planning commission shall elect
2 one of its members as chair and one as vice-chair. In the absence of the chair, the vice-chair
3 shall act as chair and shall have all powers of the chair. The chair shall serve a term of one year,
4 No member shall serve as chair for more than two consecutive terms.
5 (5) The presiding officer of any meeting of the commission sAatI- may administer oaths, shall
6 be in charge of all proceedings before the commission, and shall take such action as shall be
7 necessary to preserve order and the integrity of all proceedings before the commission.
8 (6) If any member of the commission shall fail to attend three regular consecutive meetings
9 without prior notice and an excuse sufficient to the planning commission within 3ny three month
o period, such failure shall constitute sufficient grounds for termination of the member's
1 appointment. The commission coordinator shall notify the chair or the vice-chair, as the case
2 may be, and he shall immediately file a notification of such nonattendance with the county
3 administrator for placement on the agenda of the board of county commissioners; and the board
4 shall, by appropriate action, terminate the appointment of such person and fill the vacancy
5 thereby created as soon as practicable, A member who desires to be excused shall contact the
6 commission coordinator prior to the meeting. The commission coordinator shall report the
7 request to the chair who shall make the determination to grant or deny the request.
8 (7) A representative of the school district shall be appointed by the school board as a
9 nonvoting member of the planning commission and shall attend those meetings at which the
o planning commission considers comprehensive plan amendments and rezonings that would, if
1 approved, increase residential density on the property that is the subject of the application. The
2 base commander of the Naval Air Station Kev West or desianee shall be a nonvotina ex-officio
3 member of the Plannina Commission as lona as such a requirement for military installation
4 representation is in the Florida Statutes.
5
6 (e) Recording secretary. The director of planning shall appoint a recording secretary to serve
7 the planning commission. The secretary shall keep minutes of all proceedings of the
8 commission, which minutes shall be a summary of all proceedings before the commission,
9 attested to by the secretary, and which shall include the vote of each member upon every
o question. The minutes shall be approved by a majority of the members of the commission
1 voting. In addition, the secretary shall maintain all records of commission meetings, hearings
2 and proceedings, the correspondence of the commission, and a mailing list of persons wishing
3 to receive notices of meetings, agendas or minutes and who have paid an annual fee set by the
4 board of county commissioners to cover copying and mailing costs.
Page 4 of 6
1 (f) Staff. The department of planning shall be the professional staff of the planning commission.
2 (g) Quorum and necessary vote, No meeting of the planning commission may be called to
3 order, nor may any business be transacted by the commission, without a quorum consisting of
4 at least three members of the commission being present. The chair shall be considered and
5 counted as a member. The concurring vote of at least three members shall be necessary for the
6 commission to take action on major or minor conditional use applications, final plat approvals,
7 amendments to the text of this chapter or to the official land use district map. All other actions
8 shall require the concurring vote of a simple majority of the members of the commission then
9 present and voting.
o (h) Plannino commission members shall be comoensated as determined bv the board of countv
1 commissioners. (Note not to be included in text: Existing provision moved from Sec. (d)(3))
2 ~ ill..Meetings, hearings and procedure.
3 (1) Regular meetings of the planning commission shall be scheduled twice monthlv beginning
4 January 1 of every calendar year fer t\...ise FRonthly and soecial meetinos mav be scheduled as
5 required by a majority of the board of county commissioners, the chair of the planning
6 commission, or a majority of the members of the planning commission, However, no regular
7 meetings shall be scheduled for the month of August.
a (2) The regularly scheduled (bi-monthly) meetings shall be held in Marathon or an appropriate
9 location in the middle keys. All items which relate to specific properties such as but not limited to
o minor and major conditional uses, variances and administrative appeals, shall be held at the
1 regularly scheduled meetings. The planning commission may, in its discretion, schedule special
2 meetings in the upper and lower Keys subarea as required by the demand for such meetings. In
3 cases where an item is postponed due to the lack of a quorum of the planning commission, the
4 item shall be continued to a special meeting t9 ae heIGl.....ithin seven '....arking G1ays. or to the next
5 available reoular meetino. In cases where an item is postponed for any other reason, the item
6 shall be continued to the next regularly scheduled meeting. Items which are oot-related to
7 specific properties, such as but not limited to text amendments to this chapter and
8 comprehensive plan amendments, may be heard in Marathon or the planning commission may,
9 in its discretion, schedule such items for the most appropriate area or for additional meetings in
o each subarea.
1 (3) All meetings and hearings of the commission shall be open to the public.
2 (4) Public hearings shall be set for a time certain.
3
4
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Section 2. Severabilitv.
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. Conflictina 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. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources Department
to the Florida Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes and as required by F.S. 380.05(6) and (11).
Section 5. Filina.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 6. 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 to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the _ day of ,2009.
Mayor George Neugent
Mayor pro tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL)
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
Attest: DANNY L KOLHAGE, CLERK
By
Deputy Clerk
By
Mayor George Neugent
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