Planning Commission appointments are set to be made at next week's Marathon City Council meeting, but at least one council member still isn't convinced the new system complies with Marathon regulations.

Councilman Pete Worthington has contacted the Florida Department of Community Affairs to seek their opinion -- and closer scrutiny -- while the DCA reviews the ordinance Marathon's city council passed, 3-2, last week.

"I've made a call to DCA to see what their opinion is on it," Worthington said. "I've been told there are several other people who are concerned. My indication is [the DCA] has a concern with 2 year terms and with super majority" not being required to remove someone from the board.

The ordinance states that members can be removed by a vote of the majority of the city council, rather than by a super majority (at least 4 to 1 in a five-person quorum, or 2-1 in a three-person quorum) as had been required previously.

"Theoretically, two council members could remove anybody's choice," said Councilman Richard Keating at the last council meeting. "I have a problem with that."

"I don't know of any other municipality that doesn't have a super majority to remove someone from these boards," said Worthington. "I think it's also contrary to what's in our LDRs."

Vice Mayor Mike Cinque felt Keating and Worthington's concerns were ignoring the bigger picture.

"We serve at the pleasure of the majority, not a super majority," Cinque said of the council at the March 9 meeting. "We all face the electorate. If we do stupid things up here, we're all out of a job."

The DCA must approve the new system because it is a part of Marathon's Land Development Regulations, and Marathon -- and the rest of the Keys -- have been designated as an Area of Critical State Concern. The review process can take up to 60 days.

Even if the DCA does approve the ordinance, Worthington or another party would have a chance to appeal.

"There's a time frame for someone who wants to file an appeal," he said.

Along with concerns about the removal process Worthington worries that the appointment process will be a revolving door to the board. "You're not going to have any consistency (on the planning board) with the majority being replaced every other year."

He also believes the appointments will set up a board of proxies for the city council.

"If they want [Councilman Dick Ramsay's] appointment to look like Dick, smell like Dick and be a Dick, then why don't we just go back to the council being the Planning Commission?"

But the council isn't waiting for DCA approval, an appeal or more arguments since the vote passed. According to City Manager Roger Hernstadt, the five Planning Commission seats will be filled by the one-for-one appointment process at Tuesday's meeting. The agenda was released after press time. The ordinance has each of the five seats being appointed by a different council member.

"The planning appointments are on [the agenda]," he said. "Council can go forward and do that."

Worthington was surprised to learn the appointments are coming up already.

"I would think that if DCA hasn't signed off on it, then it's not a legal ordinance," he said.

The Marathon City Council meets for its general meeting Tuesday at 5:30 p.m. at the Marathon Government Center.

mphelps@keysnews.com