Item Q5 �S Q.J
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
June 16, 2021
Agenda Item Number: Q.5
Agenda Item Summary #3305
BULK ITEM: Yes DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert(305) 292-3470
1:30 PM PUBLIC HEARING
AGENDA ITEM WORDING: Public Hearing to consider adoption of an Ordinance revising
Section 21-74 and Section 21-99 of the Monroe County Code (MCC) providing for corrections to
the MCC section referenced, providing for revisions to the notice requirements for commercial rates
and providing for revisions to the notice requirements for the non-ad valorem assessments to
conform to F.S. 197.3632.
ITEM BACKGROUND: The County provides notice requirements for the solid waste commercial
rates under Sec. 21-74 of the Monroe County Code (MCC) and notice requirements for solid waste
non-ad valorem special assessments of residential rates under Sec. 21-99, MCC.
The proposed ordinance 1) corrects and updates the code reference to the `home occupation special
use permit' 2) adds that the published notice for commercial rates shall include the "proposed
percentage adjustment with the proposed rates or a hyperlink" to the proposal rates and 3)revises
the published notice requirements for the residential solid waste special assessment to conform to
F.S. 197.3632, which requires for the notice to be published once and at least 20 days prior to the
public hearing. The details of the changes are set forth in more detail below.
The commercial rates are currently noticed in the Key West Citizen, as the newspaper of general
circulation, and in the News Barometer and Keys Weekly,per Board direction. The commercial
rates, as per our Franchisee Agreements with Waste Management, Inc., Marathon Garbage, Inc.,
Keys Sanitary Solutions Services, and Ocean Reef, are adjusted by the Consumer Price Index (CPI)
in accordance with the Agreements, and while the rates vary among the providers currently they are
being revised to be uniform. The County currently publishes in the notice of the public hearing to
adopt the commercial rates all of the proposed rates for the upcoming fiscal year, but due to the
volume of the various rates, the publication is normally between 8-9 pages. While the rates are to
become uniform for the upcoming fiscal year there are still several pages of commercial rates and
staff would like the ability to provide the commercial rates by either publishing the proposed rates
or by providing a link to the proposed rates on the County's website. The contracts with the
Franchisees also provide for them to include notice to the customers with the proposed rates in their
billing material. Staff is also requesting for the Franchisees to include the public hearing at which
those rates will be adopted. Many people receive there newspapers in digital form and providing the
proposed rates in a digital format may be a more efficient and cost-effective way to advertise the
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Q.5
commercial rates, and therefore it is proposed that the notice to be published include the CPI
adjustment to be imposed on the commercial rates, and either the proposed rates or a hyperlink to
the proposed rates, which will be posted on the County website.
The County also imposes a non-ad valorem assessment for residential rates and the MCC is being
revised to confirm with current statutory language (F.S. 197.3632 provides that the notice is to be
published at least 20 days prior to public hearing); the County Code provides for its publication at
least 10 days before the public hearing, which is not in compliance with statutory provisions and
therefore, that portion of the ordinance is being revised to meet the current statutory requirements.
The home occupation special use permit referenced in section 21-74 of the MCC cites the prior
MCC Part H Land Development Regulations (LDR) section, Sec. 130-124, and therefore the
language is being updated to reflect the correct and current MCC Part II LDR section, Sec. 134-2.
PREVIOUS RELEVANT BOCC ACTION: The Board revised Section 21-99 in 1989 with the
adoption of Ordinance No. 33-1989. The Board revised Section 21-74 in 1989 with the adoption of
Ordinance No. 33-1989, in 1992 with the adoption of Ordinance No. 25-1992 and in 2010 with the
adoption of Ordinance No. 019-2010.
The BOCC granted approval to advertise a Public Hearing to consider adoption of this ordinance at
its May 19, 2021 regular meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance-Commercial Residential SW Rates May 2021
Notice of Intent Published for Ordinance to amend Solid Waste provisions
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
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Q.5
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Cheryl Sullivan Completed 06/01/2021 4:41 PM
Kevin Wilson Completed 06/01/2021 4:44 PM
Christine Limbert Completed 06/01/2021 4:56 PM
Purchasing Skipped 06/01/2021 4:56 PM
Budget and Finance Completed 06/01/2021 4:56 PM
Maria Slavik Skipped 06/01/2021 4:56 PM
Liz Yongue Completed 06/01/2021 5:09 PM
Board of County Commissioners Pending 06/16/2021 9:00 AM
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Q.5.a
ORDINANCE NO. -2021
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AN ORDINANCE AMENDING CHAPTER 21 OF THE MONROE
COUNTY CODE PROVIDING FOR CORRECTIONS TO
MONROE COUNTY CODE SECTIONS REFERENCED,
PROVIDING FOR REVISIONS TO THE NOTICE
REQUIREMENTS FOR COMMERCIAL RATES AND
PROVIDING FOR REVISIONS TO THE NOTICE
REQUIREMENTS FOR NON-AD VALOREM ASSESSMENTS TO
CONFORM WITH F.S. 197.3632; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE
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WHEREAS, The County provides notice requirements for the solid waste commercial c
r_
rates under Sec. 21-74 of the Monroe County Code (MCC) and notice requirements for solid c
waste non-ad valorem special assessments of residential rates under Sec. 21-99, MCC; and 0
WHEREAS, the commercial rates are currently noticed in the Key West Citizen, as the
newspaper of general circulation, and in the News Barometer and Keys Weekly,per Board
direction; and 0
0
WHEREAS, the commercial rates, as per our Franchisee Agreements with Waste
Management, Inc., Marathon Garbage, Inc., Keys Sanitary Solutions Services, and Ocean Reef,
are adjusted by the Consumer Price Index (CPI) in accordance with the Agreements, and while
the rates vary among the providers currently they are being revised to be uniform; and
WHEREAS, the County currently publishes the notice of the public hearing to adopt the
commercial rates all of the proposed rates for the upcoming fiscal year, but due to the volume of
the various rates, the publication is normally between 8-9 pages and while the rates are to
become uniform for the upcoming fiscal year there are still several pages of commercial rates v)
and staff would like the ability to provide the commercial rate by either publishing the proposed
rates or by providing a link to the proposed rates on the County's website; and
WHEREAS, the contracts with the Franchisees also provide for them to include written
notice to the customers with the proposed rates and the public hearing at which those rates will
be adopted. Many people receive there newspapers in digital form and providing the proposed
a�
rates in a digital format may be a more efficient and cost-effective way to advertise the
commercial rates, and therefore it is proposed that the notice to be published include the CPI 0
adjustment to be imposed on the commercial rates, and either the proposed rates or a hyperlink to a,
the proposed rates, which will be posted on the County website; and
WHEREAS, the County also imposes a non-ad valorem assessment for residential rates
and the MCC is being revised to confirm with current statutory language (F.S. 197.3632 provides 0
that the notice is to be published at least 20 days prior to public hearing); the County Code
provides for its publication at least 10 days before the public hearing, which is not in compliance
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Q.5.a
with statutory provisions and therefore, that portion of the ordinance is being revised to meet the
current statutory requirements; and 0
WHEREAS, the home occupation special use permit referenced in section 21-74 of the
MCC cites the prior MCC Part 11 Land Development Regulations (LDR) section, Sec. 130-124,
and therefore the language is being updated to reflect the correct and current MCC Part 11 LDR
section, Sec. 134-2;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Monroe County Code Section 21-74(2). shall be amended to read as follows:
(deleted language is noted in st+ike �hr-ett text and added language is noted in underlined text):
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(2) Commercial and governmental collection service. r_
a. The owners and occupants of commercial property, businesses that operate within the
county and governmental property that generates solid waste regardless of use, within
the county shall enter into an agreement with a collector for the service area where such
commercial property or business is located to provide commercial and governmental
collection service. A business that has obtained a home occupation special use permit U
pursuant to section 130 124 134-2 of the Monroe County Code shall be exempt from s
the requirement of this subparagraph. �-
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b. The board shall adopt the commercial and governmental rates charged the owner and c„
occupants of commercial and governmental property at a public hearing to be held in
conjunction with the public hearing on solid waste non-ad valorem assessments
described in F.S. § 197.3632(4)(b). Notice of the public hearing on commercial and
governmental rates, stating the place and time of the hearing and the proposed
percentage adjustment to the commercial rates with the proposed rates or a h�erlink
to the proposed rates, shall be published at least 20 days in advance of the hearing in a
quarter-page advertisement in a newspaper of general circulation in the county in a
section of the paper not reserved for classified advertising. In the event the board
decides to use F.S. § 197.3632(6), and no public hearing is held on solid waste non-ad
valorem assessments, the board shall still hold a public hearing to adopt the
commercial and governmental collection rates on or before September 30 of each year, �?
noticed according to the preceding method. Nothing in this section shall preclude the E
board from also imposing a solid waste non-ad valorem assessment against E
commercial property.
SECTION 2: Monroe County Code Section 21-99(d) shall be amended to read as follows
(d) Notice of the date, time and place of the public hearing by the board on the adoption
of the rate resolution and of the annual solid waste assessment roll shall be published
by the board once twice in a newspaper of general circulation, with toe fi-st E
r4'ieat;o beginning at least�en twenly days prior to the public hearing, exeittding �
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Q.5.a
The notice shall set forth the
property to be assessed, a schedule of solid waste assessments, solid waste assessment 0
categories and any disposal charges proposed to be fixed and established during the
ensuing fiscal year, and shall annatmee toe .,ilab;l;t, oft4e pfeli fflfflff�' aflfittal S 1i �
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SECTION 3: SEVERABILITY. If any portion of this ordinance is for any reason held c
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect
the remaining portions of this ordinance. If this ordinance or any provision thereof shall be
held to be inapplicable to any person,property or circumstances, such holding shall not
affect its applicability to any other person,property or circumstances.
SECTION 4: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
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ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. -
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SECTION 5: INCLUSION IN CODE OF ORDINANCES. The provisions of this 0
ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the Code.
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SECTION 6: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed c
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with the Department of State and shall be effective as provided in section 125.66, Florida
Statutes.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of the Board held on the 16th day of June 2021.
Mayor Michelle Coldiron
Mayor Pro Tem David Rice v)
Commissioner Craig Cates
Commissioner Eddie Martinez
Commissioner Mike Forster
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
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By By
As Deputy Clerk Mayor/Chairperson
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Q.5.b
NOTICE OF INTENTION TO CONSIDER c
ADOPTION OF COUNTY ORDINANCE c
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 16,2021,at 1:30 P.M.,
or as soon thereafter as the matter may be heard, at the Nelson Government Center, 102050 Overseas '
Highway, Key Largo, Florida, the Board of County Commissioners of Monroe County, Florida,intends to
consider the adoption of the following County ordinance:
AN ORDINANCE AMENDING CHAPTER 21 OF THE
MONROE COUNTY CODE, PROVIDING FOR
CORRECTIONS TO THE MONROE COUNTY CODE
SECTIONS REFERENCED,PROVIDING FOR REVISIONS
TO THE NOTICE REQUIREMENTS FOR COMMERCIAL
RATES AND PROVIDING FOR REVISIONS TO THE
NOTICE REQUIREMENTS FOR NON-AD VALOREM
ASSESSMENTS TO CONFORM WITH F.S. 197-3632; U
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE _
OF ORDINANCES; e7
Please note that public participation in these meetings may be conducted via Communications Media
Technology ("CMT"). The connection information for members of the public who wish to attend or 2
participate in the Public Hearing(s)via a Zoom virtual platform will be posted on the Monroe County a,
website at @ htt ://inonroecountyfl.igin2.coin/Citizens/Default.aspx.
Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decides to appeal any decision
made by the Board with respect to any matter considered at such hearings or meetings,he will need a record v)
of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order
to participate in these proceedings,please contact the County Administrator's Office, by phoning(305)
292-4441, between the hours of 8:30a.m.-5:06p.m.,prior to the scheduled meetings;if you are hearing
or voice-impaired, call "711': Live Closed-Captioning is available via our web portal @
tta/rnonaoecounty .irirra2.corrrlCitizen�/Derrulrr��z for meetings of the Monroe County Board of a
County Commissioners.
Dated at Key West, Florida, this 28th day of May,2021. CL
(SEAL) KEVIN MADOK,Clerk of the Circuit Court and
ex officio Clerk of the Board of County Commissioners
of Monroe County,Florida
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Publication Dates:
Key West Citizen:Wed.,06/02/2021
Keys Weekly: Thur.,06/03/2021 m
News Barometer: Fri., 06/04/2021
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