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HomeMy WebLinkAboutS. Public Hearings BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY *** 3:00 p.m. *** public hearing Meeting Date: April 21, 20 10 Division: Emergency Services Bulk Item: Yes No X Department: Fire Rescue Staff Contact Person/Phone #: D. Hayes / 6004 AGENDA ITEM WORDING: Public Hearing regarding the Issuance of Certificate of Public Convenience and Necessity (COPCN) to American Ambulance Service, Inc. for the operation of an ALS transport ambulance service for the period April 21, 2010 through Apri120, 2012, ITEM BACKGROUND: Pursuant to the requirements of Section 11-173 of the Monroe County Code, an application for the issuance of a COPCN has been received from American Ambulance Service, Inc. to operate an ALS inter-facility transport service in all geographical locations of Monroe County, Florida. PREVIOUS RELEVANT BOCC ACTION: None. .. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: None. TOT AL COST:N/ A INDIRECT COST: N/ A BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY :N/ A SOURCE OF FUNDS:N/ A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty ~ OMBlPnrchasing _ Risk Management_ DOCUMENTATION: Included X Not Required _ DISPOSITION: AGENDA ITEM # Revised 7/09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21, 2010 Division: Budget & Finance Bulk Item: Yes No 1L- Department: OMB Staff Contact PersonlPhone #: Penny Kipp X4470 AGENDA ITEM WORDING: A Public Hearing to consider approval of a resolution for a Budget Amendment of Fiscal Year 2010 One Cent Infrastructure Sales Tax Fund 304, 2003 Revenue Bonds Fund 307, 2007 Revenue Bonds Fund 308, Big Coppitt Wastewater Fund 310 and Debt Service Fund 207. ITEM BACKGROUND: To align each budget with revenues and expenditures of on-going Capital Projects in Funds 304, 307, 308 and 310. To align Debt Service Fund 207 with revenues and expenditures of on-going costs to this fund. PREVIOUS RELEVANT BOCC ACTION: On September 23, 2009, the BOCC adopted the FY20 1 0 Operating and Capital Budgets. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/ A INDIRECT COST: BUDGETED: Yes ~ No COST TO COUNTY: N/A SOURCE OF FUNDS: Fund Balances 304.307.308.310.207 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~J)urchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/27/0 I Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary to conduct a public hearing as required by section 129.03, Florida Statutes, to amend the following: One Cent Infrastructure Surtax Fund 304, 2003 Revenue Bonds Fund 307, 2007 Revenue Bonds Fund 308, Big Coppitt Wastewater Fund 310 and Debt Service Fund 207, for the fiscal year beginning October 1,2009 and ending September 30,2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that a Public Hearing was conducted on April 21, 2010, at 3:00 P.M. to One Cent Infrastructure Surtax Fund 304, 2003 Revenue Bonds Fund 307, 2007 Revenue Bonds Fund 308, Big Coppitt Wastewater Fund 310 and Debt Service Fund 207 budgets and to adopt the amended budgets as follows: One Cent Infrastr Surtax - Fund 304 Current Inc./(Dec ) Revised Revenues: Budget Budget 304-3 1 2600GN Discret Sales Tax 1 Cent $12,879,210.00 $0.00 $12,879,210.00 304-36 I 005G1 Interest Earnings $100,000.00 $0.00 $100,00000 304-36200 1 SG Rent $10.00 $0.00 $10.00 304-26000-381125GT TmfFm Grants - 125 $477,282.00 ($3,69100) $473,591.00 304-389001 Less 5% FL Statute -$648,961.00 $0.00 -$648,961.00 304-389002 Fund Balance Forward $9 804.29400 $2 448,62200 $12252,91600 Total $22,611,835.00 $2,444,931.00 $25,056,766.00 Appropriations: 304 22004 510120 County Engineer Constr Mt $406,541.00 ($126,185.00) $280,356.00 304 22004 5102" County Engineer Constr Mt $164,33200 0.00 $164,332.00 304 22004 530'" County Engineer Constr Mt $55,312.00 $0.00 $55,312.00 304 22006 510'" ADA Assessment $12,000.00 $0.00 $12,000.00 304 22006 560620 ADA Assessment $187,50000 ($15,856.00) $171 ,644.00 304 22007 530340 Med Exam Envir Mitigation $5,500.00 $0.00 $5,500.00 304 23000 560630 Phyicasl Environment $1,524,800.00 ($1,490,000.00) $34,800.00 304 24000 510'" General Govt Cap Proj $18,871.00 $0.00 $18,871.00 304 24000 530310 General Govt Cap Proj $3,129.00 $0.00 $3,129.00 304 24000 560620 General Govt Cap Proj $76,500.00 $0.00 $76,500.00 304 25000 530340 Culture & Rec Proj $0.00 $0.00 $0.00 304 26000 510'" Public Safety Cap Proj $25,500.00 $0.00 $25,500.00 304 26000 530310 Public Safety Cap Proj $427,282.00 $0.00 $427,282.00 304 26000 560620 Public Safety Cap Proj $1,087,262.00 ($3,495.00) $1,083,767.00 304 26000 560640 Public Safety Cap Proj $11,463.00 $0.00 $11,463.00 304 85532 590990 Reserves 304 $1,300,570.00 $1,067,768.00 $2,368,338.00 304 85532 590991 Reserves 304 $1,891,755.00 $0.00 $1,891,755.00 304 86502 590207 Budgeted Transfers 207 $6,254,162.00 $2,987,640.00 $9,241,80200 304 86502 590307 Budgeted Transfers 307 $267,129.00 $25,059.00 $292,188.00 304 86502 590310 Budgeted Transfers 3 I 0 $1,000,00000 $0.00 $1,000,000.00 304 86502 590311 Budgeted Transfers 311 $7,000,000.00 $0.00 $7,000,000.00 304 86502 590403 Budgeted Transfers 403 $50,000.00 $0.00 $50,000.00 304 86502 590404 Budgeted Transfers 404 $500,000.00 $0.00 $500,000.00 304 86502 590414 Budgeted Transfers 414 $55,00000 $0.00 $55,000.00 304 86502 590910 Budgeted Transfers $287 ,227 00 $0.00 $287,227.00 Total $22,611,835.00 $2,444,931.00 $25,056,766.00 $0.00 $0.00 $0.00 2003 Revenue Bond - Fund 307 Current Inc./(Dec.) Revised Revenues: Budget Budget 307-361005G1 Interest Income $000 $0.00 $0.00 307-381163GT Transfer from Fund 163 $0.00 $0.00 $0.00 307-38 I 304GT Transfer from Fund 304 $267,129.00 $25,059.00 $292,18800 307-389001 Less 5% FL Statute $0.00 $000 $0.00 307 -389002 Fund Balance Forward $1 030,871.00 ($2505900) $1005812.00 Total $1,298,000.00 $0.00 $1,298,000.00 Appropriations: 307 24001 510"', 560'" General Govt Fund 307 $7,000.00 $0.00 $7,000.00 307 24003 510"',560'" Asbestos Abatement/PSB $1,278,000.00 $0.00 $1,278,00000 307 26501 510"',560'" Fund 307 Human Svc Proj $13,00000 $0.00 $13 000.00 Total $1,298,000,00 $0.00 $1,298,000.00 $0.00 $0.00 $0.00 Bdgt Amendment Reso Fund 304, 307, 308, 310, 207 2007 Revenue Bond - Fund 308 Current Inc/(Dec) Revised Revenues: Budget Budget 308-36 I 005GI Interest Income $250,000.00 $0.00 $250,000.00 308-25002-381125GT TrnfFm Grants - 125 $0.00 $0.00 $0.00 308-38900 1 Less 5% FL Statute -$12,500.00 $000 -$12,500.00 308-389002 Fund Balance Forward $13974206.00 f $854 ,206 00) $13,120,00000 Total $14,211,706,00 ($854,206,00) $13,357,500.00 Appropriations: 308 23004 560630 Physical Environment Fund 308 $9,443,733.00 1$1,697,973(0) $7,745,760.00 308 24004 510120 Gml Govt Projs Fund 308 $3,000.00 ($2.20000) $800.00 308 24004 510210 Gml Govt Projs Fund 308 $300.00 ($20000) $100.00 308 24004 510220 Gml Govt Projs Fund 308 $300.00 ($20000) $100.00 308 24004 560620 Gnrl Govt Projs Fund 308 $12,400.00 ($]2,400.00) $0.00 308 25002 510... Culture & Rec Fund 308 $2,400.00 $0.00 $2,400.00 308 25002 560620 Culture & Rec Fund 308 $57,600.00 $0.00 $57,600.00 308 26006 510... Public Safety Fund 308 $24,000.00 $0.00 $24,000.00 308 26006 560620 Public Safety Fund 308 $4,667,973.00 f$301,000.OO) $4,366.973.00 308 85570 590990 Reserves 308 $0.00 $667,875.00 $667,875.00 308 85570 590991 Reserves 308 $0.00 $49L892.00 $491.892.00 Total $14,211,706.00 ($854,206.00) $13,357,500.00 $0.00 $0.00 $0.00 Big Coppitt Key Wastewater- Fund 310 Current Inc.l(Dec.) Revised Revenues: Budget Budget 310-325100GM Special Assessments $500,000.00 $0.00 $500,000.00 310-23006-381125GT Trnf Fm Grants-I 25 $0.00 $1,415,826.00 $1,415,826.00 31O-23007-381125GT Trnf Fm Grants-I 25 $0.00 $100,000.00 $100,000.00 31 0-361 005GI Interest Earnings $0.00 $0.00 $0.00 31O-361008GI Interest Eamings-FRUFC $0.00 $0.00 $0.00 310-381009G1 Interest Earnings-Tax Collector $0.00 $0.00 $0.00 310-23003-381304GT Tsfr fm 1 Cent Infra- 304 $1,000,00000 $0.00 $1,000,000.00 310-23005-384003GM FRUFC Loan Proceeds $0.00 $2,589,650.00 $2,589,650.00 310-389001 Less than 5% -$25,000.00 $0.00 -$25,000.00 310-389002 Fund Balance Forward $1.466.258.00 $5.477.852.00 $6944110.00 Total $2,941,258.00 $9,583,328.00 $12,524,586.00 Appropriations: 310 23002 560630 Big Coppitt Wastewater $1,000,000.00 $494,722.00 $1,494,722.00 310 23005 560630 Big Coppitt WW Brdg Loan $0.00 $7,572,780.00 $7,572,780.00 310 23006 560630 Big Coppitt WW DEP Grant $0.00 $1,415,826.00 $1,415,826.00 310 23007 560630 Rockland/Geiger WW DEP Grant $0.00 $100,000.00 $100,000.00 310 54503 590996 BC Spcial Assmt Refund $5,000.00 $0.00 $5,000.00 310 55011 560630 Big Coppitt Special Assessment $1936258.00 $0.00 $1.936,258.00 Total $ 2,941,258.00 $9,583,328.00 $12,524,586.00 $0.00 $0.00 $0.00 Debt Service- Fund 207 Current Inc/(Dee.) Revised Revenues: Budget Budget 207-361005GI Interest Earnings $30,000.00 $10,000.00 $40,000.00 207-361008Gl Interest Earnings-FRUFC $30,000.00 -$10,000.00 $20,000.00 207-38 I 304GT Tsfr fm I Cent Infra- 304 $6,254,162.00 $2.987,640.00 $9,24 1,802.00 207-384000GM Loan Proceeds $0.00 $20,134,400.00 207-389001 Less than 5% -$3,000.00 $0.00 -$3,000.00 207-389002 Fund Balance Forward $2,504.447.00 $239.874.00 $2,744,321.00 Total $8,815,609.00 $23,361,914.00 $32,177,523.00 Appropriations: 207 87600 570.'. Debt Svc- 2003 Rev Bonds $1,851,733.00 $000 $1,851,733.00 207 87601 570.'. Debt Svc- 2007 Rev Bonds $3,734,055.00 $0.00 $3,734,055.00 207 87602 570710 FRUFC Revenue Notes $0.00 $20,000,000.00 $20,000,000.00 207 87602 570720 FRUFC Revenue Notes $882,000.00 $0.00 $882,000.00 207 87603 570710 Clean Water SRF Loan $0.00 $2,987,640.00 $2,987.640.00 207 87603 570720 Clean Water SRF Loan $268,374.00 $134,400.00 $402,774.00 207 87603 570730 Clean Water SRF Loan $400,000.00 $000 $400,000.00 207 85550 590990 Reserves 207 $50,000.00 $950,000.00 $1,000,000.00 207 85550 590991 Reserves 207 $1,629.447.00 ($71012600) $919,321.00 Total $8,815,609.00 $23,361,914.00 $32,177,523.00 0.00 000 0.00 Bdgt Amendment Reso Fund 304, 307, 308, 310, 207 2 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board on the 21st day of April, AD 2010. the above, is hereby authorized Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: (Seal) Attest: DANNY L KOLHAGE, Clerk BdgtAmendment Reso Fund 304, 307, 308, 310, 207 3 ~~ ~.g '" ~ 8~ <0" ~ o () III " [ -0 iil ::J " C ::J Q. '" o ... ~~;\l nnO g g ~ ::t ::t "" :T:T" g g ~ rt ~ ~ rn-l ~ 0" ~ ~~"" ~. O'.g ~ ~ " :; " a 3:: on "'3:: S'o:g ~1; ~;t~g ~ o~Eag ;::. :; " 0 n 9 g' ~ 3 g CIJ::l VI g. ~~~ ~~ 52.g3" ~G~() ~~~8 g~ ~ S S' S. g' '"- "" _ 0 "':; v" ,,~ [ ~ ~ ~ ~ " :1! ~ ~ :;:! t-- ~ " ~ ::. ~ ~ ~ ~ :E 0: NNNNNNNN 4......+:-,...................... 00000000 00000000 00000000 nnnnnn ~~2HH;2 00 -.j -.j -.j 0\ 0"- 000000 _WN_ooW nn ~Sl ::g~ NO - IUU 00 ~~~ ~ J if ... :T " " ~ Ii ~ ",0:;:>0> .., tl:I s- ... 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N = .....:i ~I ~ ~ -. ~ l'tl '"d ,. = i:l. ei" I1Q o * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: County Attorney Bulk Item: Yes No~ Staff Contact Person: Commissioner Wigington #3440 Suzanne Hutton #3473 AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance implementing a Monroe County Lobbyist Registry. ITEM BACKGROUND: It is in the public interest to ensure adequate disclosure of information about efforts to lobby County government. Monroe County government functions to serve the needs of all citizens. The citizens of Monroe County have a right to know the identity of interests which attempt to influence decisions of County government, as well as the means employed by those interests. Public disclosure of the financing of lobbyists and those who employ their services is essential to citizen confidence in the integrity of their local government. This draft requires anyone who represents any person or entity other than her/himselfto register, but requires no fees and no :financial reporting. PREVIOUS RELEVANT BOCC ACTION: 12/16/09 BOCC approved public hearing for 1/20/10 @3:00 p.m. 8/19/09 BOCC tabled request for approval to advertise a public hearing on an ordinance drafted to prohibit certain types of lobbying activities 1/20/10 BOCC continued public hearing to 2/17/10 @3:00p.m. in Key Largo 2/17/10 BOCC continued public hearing to 4/21/10 @ 3:00 p.m. in Key West CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A BUDGETED: Yes XX No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH_ Year APPROVED BY: County Arty ~OMB!PurChasing _ Risk Management_ DOCUMENTATION: Included XX Not Required DISPOSITION: AGENDA ITEM # Commissioner Wigington ORDINANCE NO. - 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAYfER 2, PROVIDING FOR REGISTRATION OF REPRESENTATION OF OTHERS BEFORE BOARD OF COUNTY COMMISSIONERS, PLANNING COMMISSION AND OTHER OF LOBBYING ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the operation of an open and responsible government requires the full opportunity of the people to seek redress of grievances and to express their opinions on executive and legislative actions; and WHEREAS, it is important to the integrity of the governmental process that the citizens be informed of, or have accessible information regarding, efforts to influence legislative and executive actions; and WHEREAS, public disclosure of the persons and entities represented by those who seek to influence governmental action is essential to citizens' confidence in the integrity of their local government; and WHEREAS, persons who appear before the Board of County Commissioners, Planning Commission, Contractors Examining Board and many of the advisory boards to the Board of County Commissioners may from time to time omit to disclose in identifying themselves to the public body that they represent interests other than their own personal interests; and WHEREAS, there is an intent to require registry of every person who attempts to influence legislative and administrative decision-making of governmental entities for the benefit of a person or entity other than themselves in order to more fully inform the citizens as to the persons or entities for whom the benefits are being sought; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2-148, Monroe County Code, shall be amended by adding the following definitions: Board means the Monroe County Board of County Commissioners. Lobbying Registry April 2010 1 Commissioner Wigington Compensation means a payment. distribution. loan. advance. reimbursement deposit salary. fee. retainer. or anything of value provided or owed to a lobbying firm. directly or indirectly, by a principal for any lobbying activity. Contractors Examining Board means the local construction regulation board for the unincorporated Monroe County. as further defined in Ch. 6. Art. III. Monroe County Code. County means Monroe County. Florida. County chairman and County mavor are interchangeable terms which mean the Chairman of the Monroe County Board of County Commissioners. County office means any governmental office staffed by employees under the authority of the Board of County Commissioners. Develovment permit means the same as this term is defined in F.S. ~ 163.3164. Expenditure means the same as this term is defined in F.S. ~ 112.3215. Lobbvist means any person. partnership. corporation or other business entity that lobbies on behalf of a principal. Lobbyist does not mean a county or other government official. employee. or any other person affiliated with any government while acting in his or her official capacity. Any person who only appears in his or her individual capacity for the purpose of self- representation without compensation or reimbursement. or other personal benefit. to express support of or opposition to any item. shall not be required to register as a lobbyist. Planning Commission means the local planning agency. as further described in the land development regulations of the Monroe County Code. Princival means the person, partnership, joint venture. trust. association. corporation, governmental entity or other entity which has contracted for. employed. retained or otherwise engaged the services of a lobbyist. SECTION 2. Section 2-148, Monroe County Code, definition of Lobbying shall be amended to read as follows: Lobbying means any degree of advocating by brand name or corporate name any product or service, ',vhether done through individual pri'late or public personnel effort, with or without receiving, having recch'ed, or intending to receive funds from any source of such ad'location seeking. on behalf of another person or entity. to influence the Board. Contractors Examining Board. Planning Commission or any advisory body with respect to a decision in the area of policy or procurement or an attempt to obtain the goodwill of a County official or employee. "Lobbies" also means influencing or attempting to influence. on behalf of another. the Boardts action or non-action through oral or written communication or an attempt to obtain the goodwill Lobbying Registry Apri12010 2 Commissioner Wigington of a member or employee of the Board of County Commissioners or any board or council under their authority. SECTION 3. Registration of Lobbyists. Section 2-154, Monroe County Code, shall be created to read as follows: 2-154. Registration and Re-registration of Lobbyists. a) All lobbyists shall register and re-register with the County Administrator's Office at the times specified in this article and on the forms prescribed from time to time by the County Administrator. (b) The forms prescribed for the registration and re-registration of lobbyists shall require. at a minimum. the following information and State under oath: (1) The lobbyist IS name and business address; (2) The name and business address of each principal represented; (3) The specific areas of the principal's governmental interest; (4) Where the principal is a corporation or association, the name of the chief executive officer of the corporation or association; (5) Where the principal is a general partnership or joint venture. the names of all partners; (6) Where the principal is a limited partnership. the name of the general partner or partners; (7) Where the principal is a trust the names of all trustees and beneficiaries: (8) Where the principal is a partnership. loint venture. corporation, association. trust or nongovernmental entity other than a natural person. the names of all natural persons holding. directly or indirectly. a five (5) percent or more ownership interest in the entity: and (9) Disclosure of any business. professional or familial relationship that the lobbyist or any employee of the lobbyist may have with any county officer or county employee. (c) The County Administrator or his designee shall post the Registry to the County website on a quarterly basis reflecting registrations which have been filed in accordance with this ordinance. (d) All lobbyists shall register with the County Administrator or his designee within five (5) business days of being retained as a lobbyist. before engaging in any lobbying activities. whichever shall come first. and re-register prior to January first of each year. Lobbying prior to registration is prohibited. Each lobbyist who ceases lobbying for a particular principal shall file a written notice of withdrawal. Lobbying Registry April 2010 3 Commissioner Wigington (e) County employees shall be diligent to ascertain whether persons required to register pursuant to this section have complied. Employees of a county office may not knowingly permit a person who is not registered pursuant to this section to lobby the employees of that office. (f) Upon discovery of violations of this section. any person may file a sworn complaint with the county administrator. (g) Investigation of violations~ pena1ties~ validity of actions. (1) The county attorney or county administrator, or their designee. shall be informed by anyone who knows of any of any person engaged in lobbying activities who has failed to comply with the registration reporting requirements of this article and. in each such instance. shall conduct such investigation as he or she shall deem necessary under the circumstances. The results of each investigation shall be reported to the board. (2) After determination of a first violation of registration requirements. the board may warn. reprimand or censure the violator or may suspend or prohibit the violator from appearing on behalf of any principal before the board or any county advisory body or from otherwise lobbying for any principal in any fashion for a period of time~ provided. however. that any suspension or prohibition may not exceed a period of two (2) years. and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. After determination of a subsequent violation. the board shall suspend or prohibit the violator from appearing on behalf of any principal before the board or any county advisory body or from otherwise lobbying for any principal in any fashion for a period of time~ provided, however. that any suspension or prohibition may not exceed a period of two (2) years. and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. The penalties provided in this subsection shall be the exclusive penalties imposed for violations of the registration requirements of this article. The failure or refusal of any lobbyist to comply with any order of the board suspending or prohibiting the lobbyist from lobbying shall be punishable as provided by law and shall otherwise be subject to such civil remedies as the county may pursue. including injunctive relief. (3) The board of county commissioners may void any action or contract entered into in connection with a procurement matter where the county chairman. one or more county commissioners. or a member of the pertinent procurement committee has been lobbied in violation of the registration reporting requirements. Lobbying Registry April 2010 4 Commissioner Wigington SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. 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 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. INCLUSION IN THE CODE OF ORDINANCES. 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, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION S. EFFECTIVE DATE. This Ordinance shall take effect on provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _th day of ,2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Mario DiGennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson Lobbying Registry April 2010 5 LelJerufaty KEY LARGO 5?J ChamberofConunerce 106000 Overseas Highway' Key Largo' FL' 33037. 305/451-1414' Fax: 305/451-4726' keylargochamber.org April 21, 2010 Lobbying ordinance The Key Largo Chamber of Commerce Board of Directors has reviewed the revised lobbying ordinance, and we are still opposed to it. l!)~~ This ordinance is overbroad and could bE\~titutional in certain situations. We still have issues as to the effect of the ordinance on such nonprofit organizations as the Chamber of Commerce, which are not exempt in this version. We are also deeply disturbed by the provision that allows the county to void any action or contract that was supposedly influenced by the person who has violated the lobbying registration requirements. Under the wording of this ordinance, anyone who does business with the county could be construed as a "lobbyist" because he or she will, in the course of carrying out the contract, talk to county staff, advisory board members and possibly the BOCC. Does that mean they could lose that contract unless they registered first as a lobbyist:> As we have said before, we are not sure why we need this lobbying ordinance in the first plac:e. Is the problem really with "Iobbyists"...or is it with staff members, advisory board members or county commissioners who do not fully understand what is acceptable? We are vvorried that this ordinance will create a barrier between the public and the people vvho represent them, as well as create a class of criminals where none existed before. We are absolutely in favor of open and transparent government, and we believe that the unintended consequences could cause more harm than what the ordinance is intended to cure. We urge you not to pass this ordinance. Mission statement of the Kev Laroo Chamber of Commerce Through the collective power of our membership, build a vibrant business and social environment for our community. * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 2 L 2010 Division: County Attorney Bulk Item: Yes No~ Staff Contact Person/Phone #: Bob Shillinger #3470 AGENDA ITEM WORDING: A public hearing to consider approval of a County Ordinance to add a section back into the Monroe County Code to provide penalties and enforcement measures for violation of the "Monroe County Human Rights Ordinance" (Sec. 14-40 through 14-45, MCC). ITEM BACKGROUND: Former section 13-104 of the Monroe County Code, which provided penalties and enforcement measures for violation of the Monroe County Human Rights Ordinance, (Sec. 14-40 through 14-45, MCC) did not get included in the Monroe County Code adopted on 1/28/09 by the Board. This omission deleted a private right of action for those persons who contend that they have been discriminated against. The proposed ordinance adds this provision back into the Monroe County Code. PREVIOUS RELEVANT BOCC ACTION: 10/17/2001 BOCC approved Ordinance 36-2001 (known as the Monroe County Human Rights Ordinance) 4/16/2003 BOCC approved Ordinance 008-2003 to prohibit discrimination on the basis of gender identify or expression for employment or in housing 1/28/09 BOCC approved adoption of the revised Monroe County Code 3/17/10 BOCC approved public hearing on April 21 , 2010 @ 3 :00 p.m. in Key West CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval. TOTAL COST: Adv. costs INDIRECT COST: N/A BUDGETED: Yes _No COST TO COUNTY: Adv. costs SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ OMBlPurchasing_ Risk Management _ DOCUMENTATION: Included x Not Required_ DISPOSITION: Revised 1/09 AGENDA ITEM # ORDINANCE NO. - 2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY TO PROVIDE PENALTIES AND ENFORCEMENT BY CIVIL ACTION FOR VIOLATIONS OF SEC. 14-40 THROUGH 14-45 OF THE MONROE COUNTY CODE KNOWN AS THE MONROE COUNTY HUMAN RIGHTS ORDINANCE, BY ADDING SECTION 14-46; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there previously existed Section 13-104 of the Monroe County Code providing penalties and enforcement by civil action including a right of private action by an aggrieved party, for violation of the Monroe County Human Rights Ordinance; and WHEREAS, this provision did not get included in the Monroe County Code adopted on January 28, 2009 by the Board of County Commissioners; now, therefore, BE IT ORDAINED by the Monroe County Board of County Commissioners that the Monroe County Code is amended as follows: Section 1. Article II of Chapter 14 is hereby amended as follows: Sec. 14-46. Penalties; enforcement by civil action. (a) Any person violating the provisions of the Monroe County Human Rights Ordinance shall upon written citation be subject to the penalties provided in Section 8-66 of the Monroe County Code. (b) The Monroe County Human Rights Ordinance may additionally be enforced by civil action, including action for equitable relief, by any aggrieved person in a court of competent jurisdiction. Page 1 of2 Human Rights Ord penalties 2/8/10 KMP Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4 The provisions ofthis 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. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office ofthe Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2010. Mayor Sylvia J. Murphy Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner Kim Wigington Commissioner Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Sylvia J. Murphy MONROE COUNTY ARNEY 1: FORM: Page 2 of2 Human Rights Ord penalties 218/10 KMP OBER'f B. SHILLINGER, JR. D~~~~~r~J E9U~TY ATTORNEY '* Vreu\&vL~ ~tc- OFFENSES AND MISCELLANEOUS PROVISIONS * 13-106 (e) No person who owns, leases, rents, operates, manages or in any manner controls a public accommodation shall withhold, deny, curtail, limit or discriminate concerning the full use of such public accommodation by any individual because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. The prohibition contained in this section, shall not apply to any facility, as to discrimination based on sex, which is distinctly private in nature, such as restrooms, shower rooms, and dressing rooms. (f) No person shall retaliate against any individual because that individual in good faith has made a charge, testified, assisted or participated in an investigation, proceeding or hearing under this division. (Ord. No. 36-2001 ~ \ Sec. 13~104. Penalties; 'enforcement by civil action. (a) Any person violating the provisions of the Monroe County Human Rights Ordinance shall upon written citation be subject to the penalties provided in section 6.3-34 of the Monroe County Code. (b) The Monroe County Human,Rights Ordinance may addi- tionally be enforced by civil action, including action for equitabl relief, by any aggrieved person in a court of competent jurisdi tion. ( d, No. 36-2001, 9 1) , / Sec. 1 ~1~ Nonwaivability. .0 / Any writte~ral_!!greement which purports.;to waive any provision of section 13-103-is-a~Ji.c.{loliCY and void. (Ord. No. 36-2001, 9 1) Sec. 13-106. Liberal construction; alternative remedies. The provisions of this division shall be liberally construed for the accomplishment of the purpose hereof. Nothing in this divi. sion shall be construed to limit rights granted under the laws of the State of Florida or the United States. Nothing in this division Supp. No. 80 1037 ~tL rr fAJ- (ltte- ~ s CJcio -pt ~cf ) }'J7)D9 ARTICLE II. DISCRIMINATION Sec. 14-40. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bona fide occupational qualification means that an employer can demonstrate that a particular characteristic or the absence thereof is reasonably necessary to the essence of the employer's business and that all or substantially all persons with or without the characteristic (as the case may be) are unable to perform the duties of the position in question. Credit transaction means the grant, denial, extension or termination of credit to an individual. Disability means: (1) A physical or mental impairment that substantially limits one or more of a person's major life activities; (2) A record of such impairment; or (3) The perception of having such an impairment. The term does not include persons who have current, illegal use of or addiction to a controlled substance as defined by F.S. S 893.02, as now enacted or hereinafter amended. A disabled individual is qualified with respect to employment if such individual can perform the essential functions of the job in question with reasonable accommodations. For the purpose of this definition, the term "major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. For the purpose of this definition, the term "substantially limited" means likely to experience difficulty in securing, retaining or advancing in employment because of a disability. Employee means an individual who is engaged to work for or under the direction and control of another for monetary or other valuable consideration. Employer means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, but such term does not include the United States or a corporation wholly owned by the government of the United States. Employment agency means a person that undertakes to procure employees or opportunities to work for potential employees, either through interviews, referrals, advertising or any combination thereof. Familial status means the status of living alone or in any familial relationship whatsoever, including, but not limited to, living with a partner, whether maintaining the legal status of being single, married, divorced, separated or widowed, and whether the partner is the same sex or opposite sex, and of living with one or more dependents, whether minor or disabled children or parents. Gender identity or expression means having, or being perceived as having, a gender- related self-identity, self-image, appearance, expression or behavior, whether or not such gender-related characteristics differ from those associated with the person's assigned sex at birth. Labor organization means any person which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of representing employees in dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment. Person means any natural person, firm, corporation, labor organization, partnership or other organization, association or group however organized. Public accommodation means a place, business establishment or agency that sells, leases, provides or offers any product, facility or service to the general public, regardless of ownership or operation: (1) By a public body or agency; (2) With or without regard to profit; or (3) For a fee or not for a fee. An institution, club, association or other place of accommodation that has more than 100 members, and provides regular meal service and regularly receives payment for dues, fees, accommodations, facilities or services from or on behalf of nonmembers for the furtherance of trade or business shall be considered a place of public accommodation for purposes of this article. Religion means all aspects of religious observance and practice, as well as belief. Sexual harassment means any unwelcome sexual advances or requests for sexual favors or conduct of a sexual nature when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) Submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or (3) Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sexual orientation means the actual or perceived state of heterosexuality, homosexuality or bisexuality. (Code 1979, ~ 13-102; Ord. No. 36-2001, ~ 1; Ord. No. 008-2003, ~ 1) Sec. 14-41. Prohibited conduct~~Employment. (a) No person shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation or other term or condition of employment because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. No employment agency shall directly or indirectly discriminate against any individual in classification, processing, referral or recommendation for employment because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. (b) The prohibitions contained in this subsection shall not apply to any of the following: (1) Using an individual's unfavorable discharge from military service as a valid employment criterion where the affected position of employment involves the exercise of fiduciary responsibilities and the reasons for the unfavorable discharge related to his fiduciary capacity; (2) Hiring or selecting among individuals for bona fide occupational qualifications; or (3) Giving preferential treatment to veterans and their relatives as required by federal or state law or regulation. (c) No employer, employee, agent of an employer, employment agency, or labor organization shall engage in sexual harassment. An employer shall be liable for sexual harassment by non employees or nonmanagerial and non supervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. (d) No employer shall refuse to make all reasonable efforts to accommodate the religious beliefs, observances and practices of an employee unless the employer demonstrates that the employer is unable to reasonably accommodate the employee's religious observance or practice without undue hardship on the conduct of the employer's business. Reasonable efforts to accommodate include, but are not limited to, allowing an employee: (1) To take a day of paid leave or vacation, where applicable under the employee's employment agreement; (2) To be excused from work without pay and without discipline or other penalty; or (3) To elect to take the day off with pay in order to practice the employee's religious beliefs, and to make up the lost work time within the same pay period of the employer at a time and date consistent with the operational need of the employer's business. (e) Any employee who elects such deferred work shall be compensated at his regular rate of pay, regardless of the time and date at which the work is made up. The employer may require that any employee who plans to exercise the provisions of subsection (d)(3) of this section provide the employer with notice of the employee's intention to do so, no less than ten days prior to the date of absence. (Code 1979, ~ 13-103(a)--(e); Ord. No. 36-2001, ~ 1; Ord, No. 008-2003, ~S 2, 3) Sec. 14-42. Same-~Credit. No person shall discriminate against any individual in any aspect of any credit transaction, or in any terms and conditions of bonding because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. (Code 1979,9 13-103(f); Ord. No. 36-2001, 9 1) Sec. 14~43. Same--Public accommodations. No person who owns, leases, rents, operates, manages or in any manner controls a public accommodation shall withhold, deny, curtail, limit or discriminate concerning the full use of such public accommodation by any individual because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. The prohibition contained in this section, shall not apply to any facility, as to discrimination based on sex, that is distinctly private in nature, such as restrooms, shower rooms, and dressing rooms. (Code 1979, 9 13-103(g); Ord. No. 36-2001,9 1) Sec. 14-44. Retaliation. No person shall retaliate against any individual because that individual in good faith has made a charge, testified, assisted or participated in an investigation, proceeding or hearing under this article. (Code 1979, S 13-103(h); Ord. No. 36-2001,91) Sec. 14-45. Liberal construction; alternative remedies. The provisions of this article shall be liberally construed for the accomplishment of the purpose hereof. Nothing in this article shall be construed to limit rights granted under the laws of the state or the United States. Nothing in this article shall be construed to waive the right of any person to file a charge with any agency with the authority to investigate or act upon the complaint. (Code 1979,9 13-106; Ord. No. 36-2001, S 1) Secs. 14-46--14-72. Reserved. * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: County Attorney Bulk Item: Yes No~ Staff Contact Person: Natileene Cassel #3470 AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance amending the Monroe County Code Section 6- 198 to update the construction industry definitions of various trades by adding new trades and eliminating some trades, to update testing requirements for licensure as recommended by the Construction Examining Board and to make the section easier to read by alphabetizing the trades and specialties. ITEM BACKGROUND: Over the last few years, the definitions and regulations of the various trades defined in the Monroe County Code have needed to be changed. The Contractors Examining Board has made several recommendations for changes in the code and has asked that the Section 6-198 be revised to reflect those changes and to make the code easier for the public to understand. PREVIOUS RELEVANT BOCC ACTION: 3/17/10 BOCC approved public hearing for 4/21/10 @ 3:00 p.m. in Key West CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Approval. TOTAL COST: -0- INDIRECT COST BUDGETED: yesq No DIFFERENTIAL OF LOCAL PREFERENCE: N/ A A/III ( REVENUE PRODUCING: Yes _ No ---,4.., OUNT PER MONTH_ Year ~v APPROVED BY: County Atty X OMBlPurchasing _ Risk Management_ COST TO COUNTY: SOURCE OF FUNDS: DOCUMENTATION: Included ~ Not Required_ DISPOSITION: AGENDA ITEM # ORDINANCE NO. -2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTION 6-198 OF THE MONROE COUNTY CODE; AMENDING SECTION 6-198 DEFINITIONS; ALPHABETIZING THE DEFINITIONS; PROVIDING FOR REQUIRED EXAMINATIONS AND EXPERIENCE IN VARIOUS CONTRACTOR CATEGORIES AND SPECIAL TIES; 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. WHEREAS, Section 6-198, contains the definitions for the various contracting trades; and WHEREAS, over the years the various definitions of trades, testing requirements and certification requirements have changed or been added to reflect the changing construction industry: and WHEREAS, the sections need to be revised and to be alphabetized to facilitate understanding of the section; and WHEREAS, the Contractor's Examining Board requested that the revisions be made and be placed before the Board of County COnuIDssioners for approval NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONER OF MONROE COUNTY, FLORIDA: Section 1. The introductory language in Section 6-198 of the Monroe County Code is hereby amended to read as follows: All of the contractor categories shall require experience in the field and shall be tested in the business & law exam and in the trade category in which they seek licensure as determined by state statute or by this chapter. or unless otherwise exempted by this chapter. The contractor's examining board shall make interpretations, as needed, of the scope of services permissible under this section by any contractor or specialty contractor. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Section 2. The definitions in Section 6-198 of the Monroe County Code is herby amended to read in alphabetical order, with new subheadings, and with the body of the definitions to be amended as follows: Air Conditioning contractor is divided into the following classes: ill Class A air conditioning contractor means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge and skill to install, maintain, repair, fabricate, alter, extend or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air- distribution system, boiler and unfIred pressure vessel systems, and all appurtenances, apparatus or equipment used in connection therewith, and to install, maintain, repair, fabricate, alter, extend or design, when not prohibited by law, piping, installation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, and installation of a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefIed petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and fIlters, or electrical power wiring. All applicants for Class A air conditioning contractor shall be required to pass the business & law exam and the appropriate trade exam and to have a minimum of six ( 6) years experience in the fIeld, as demonstrated to the satisfaction ofthe licensing board. ill Class B air conditioning contractor means any person whose services are limited to twenty-fIve (25) tons cooling and fIve hundred thousand (500,000) Btu heating (in anyone (1) system) in the execution of contracts requiring the experience, knowledge and skill to perform the following: install, maintain, repair, fabricate, alter, extend or design, when not prohibited by law, central air conditioning, refrigeration, heating and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system being installed under this classifIcation; and to install, maintain, repair, fabricate, alter, extend or design, when not prohibited by law, piping, installation of pipes, vessels and ducts, and installation of a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system, all in such a manner as to comply with all plans, specifications, codes, laws and regulations applicable thereto. All applicants for Class Bail' conditioning contractor shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of six ( 6) years experience in the field, as demonstrated to the satisfaction of the licensing board. ill Class C air conditioning contractor means any person whose business is limited to the servicing of air conditioning, heating or refrigeration systems, including duct alterations in connection with those systems said contractor is servicing, and whose certificate of competency issued pursuant to this article was valid on February 9, 1993, No person not previously certified as a Class C air conditioning contractor as of February 9, 1993, shall be certified as a Class C air conditioning contractor after February 9, 1993. However, the contractor's examining board shall continue to certify and regulate those Class C air conditioning contractors who held Class C certificates of competency prior to February 9, 1993, those persons holding such license on the effective date of this subsection shall be entitled to renew such license but at such time that the license is allowed to expire. it shall not be reinstated through the reinstatement provisions of the licensure chapter. Apprentice means a person learning a craft under a skilled worker; hence, a beginner, and as such must have a minimum of three ill years experience before taking a journeyman exam. Building contractors means those whose services are limited to construction of commercial buildings and single- or multiple-dwelling or residential buildings, neither to exceed three stories in height, and accessory use structures in connection therewith, or those whose services are limited to remodeling, repair or improving any size of building. If the services affect the structural members of the building, drawings sealed by an engineer or architect are required. However, they must comply with the same regulations in regards to subcontractors as a general contractor. All applicants for building contractor shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of four (4) years experience in the field. as demonstrated to the satisfaction orthe licensing board. Contractor means a person who possesses the requisite skill, knowledge, financial responsibility and experience to supervise, direct, manage and control the contracting activities of the business entity with which he is connected and whose technical and personal qualifications have been determined by investigation and examination as provided in this chapter, and any person who meets the state statutory definition of contractor in the chapter on construction contracting. Demolition means the dismantlement, disassembly, demolishing, wrecking, or removal of structures or parts thereof and removing the debris therefrom in such a manner that adjoining structures and properties and parts thereof and workmen and other persons may be kept safe. A contractor holding a certificate of competency under this chapter or F.S. S 489, pt. I (F.S. S 489.101 et seq.) may perform demolition of those elements of a structure or components thereof which said contractor is licensed to construct, assemble or instalL General contractors, building contractors, and residential contractors may totally demolish such structures, including the roofs, as they are licensed to construct after they have received from the properly licensed contractor a certificate that electricity, water, and any gaseous substances have been disconnected by said contractors from the source or supply at a point outside the structure to be demolished. Any demolition of a structure which is suspected to contain asbestos requires review by, and if necessary, coordination of activity through the Florida Dept. of Environmental Protection (DEP) prior to the start of work. After May 1, 1997, Monroe County shall no longer certify demolition specialty contractors, However. the board shall continue to license and regulate those demolition specialty contractors who held certificates of competencv prior to May L 1997. Those persons holding such license on the effective date of this subsection shall be entitled to renew such license but at such time that the license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. Electrical contractor means a contractor doing work on any premises or in any building or structure requiring the installation, repair, alteration, addition or changes to any system of electrical wiring, apparatus or equipment for light, heat or power. This work may include all electrical installations for which he holds a certificate of competency on private and public property and within substations and plants, and an electrical contractor may contract therefore and will be issued pennits for such work by the administrative agency concerned. All applicants for electrical contractor, shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of six (6) years experience in the field. as demonstrated to the satisfaction of the licensing board, Engage in business means doing a trade for any owner or any tenant of land or of a building or of any part thereof, or for any person, film or corporation in possession or in charge of the same or any part thereof, or entering into a contract with any such owner, tenant, person, firm or corporation for the doing of a trade. Emdneering contractor is divided into Class I general engineering contractor, Class II specialty engineering contractor, and Class III sub-engineering contractor. (1) Class I general engineering contractor may perform the following work: a. Construct foundations induding the excavating, fanning and placing of reinforcing steel and concrete and perform other incidental work thereto; and b. Other concrete and engineering work, induding but not limited to, harbors, docks excavating, filling and grading, drainage, pile driving, levees, pumping stations, and similar types of work in conjunction with water power, water control, waterworks and water supply, paving and sidewalks, curbs and gutters, streets and roads, bridges and overpasses and underpasses in streets, roads and public thoroughfares, underground sewage collection and disposal systems, bulk heading and underground utility line construction, both sanitary and storm sewer systems and similar work. No person not previously certified as a Class I general engineering as of February 18, 2004, shall be certified as a Class I general engineering after February 18, 2004. However, the Contractors Examining Board shall continue to certifY and regulate those Class I engineering contractors who were certified on February 18, 2004. those persons holding such license on the effective date of this subsection shall be entitled to renew such license but at such time that the license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. (2) Class II, specialty engineering contractor, is an engineering contractor, under the jurisdiction of the county examining board, who specializes in one (1) or more of the following engineering crafts and whose scope of work is so limited under his certificate of competency. His principal contracting business is the execution of contracts, in some instances sub- contracts, and possibly involving two (2) or more trades requiring the experience, financial means, knowledge and skill, as here set forth, to engage in the business of the particular engineering specialty concerned in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable, A specialty engineering contractor (Class II) may contract for and take out permits for any and all work or trades connected with his present project or with the construction industry, except that in those trades for which a "master" is specifically required, he shall subcontract with a qualified contractor holding a cuo"ent certificate of competency in that field. All permits for soakage pits, dry wells, catch basins and connection pipes or filled property shall be secured from the proper authority and installations made in accordance with the Standard Building Code a. An lIexcavating and grading engineering contractor" is an engineering contractor, qualified by the experience and skill gained by not less than three (3) years as a general superintendent for an engineering contractor, as demonstrated to the satisfaction of the licensing board, or education oquivalent thereto, or a combination thereof, and qualified and certified to make excavations, obtain or remove materials such as rock, gravel or sand, to construct or excavate canals, lakes, levees, roadways, including land clearing, filling and excavating and grading engineering contractor may do the work of a land clearing and grubbing contractor. Auguring is allowed under excavating and grading engineering contractor except in cases where the auguring is controlled by FDEP for well drilling. In addition. to the experience listed herein, all applicants for irexcavating and grading enzineering contractor" shall be required to pass the business & law examination and the appropriate trade exam. .^~ ''Iud tral'!s:nissio:1 8:1ft distribution line cngil"lcc,'-i:zg contmckJrll is an engineering contractor, having the e:xporionce and skill gained by not less than three (3) years experience in this field or education equivalent thereto, or a combination thereof, qualified and certified to O)(0a','ote for and construct, alter, repair and maintain transmission and distribution lines for liquid or gaseous fuels under pressure in welded pipes, including pumping and booster stations, '/alves, meters and similar components incidental thereto and restoration of pavement. The scope of work of a "fuel t,"817s:nissie1'/ and dist:-ibutie:t li:<ic cngincering cent,"acte:-" shall be considered to stop at the metering device. b. A "hydraulic dredging engineering contractor" is an engineering contractor having the experience in this field or education equivalent thereto or a combination thereof, qualified and certified to make submarine excavations, to remove from underwater locations, materials such as rock, gravel, silt, mud, marl or clay, to excavate canals, channels, lakes, borrow areas, to construct fills, embankments or stockpiles, using floating hydraulic dredging equipment All applicants for "hvdraulic dredging engineering contractor" shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum three (3) years experience in the field, as demonstrated to the satisfaction of the licensing board, f." A "seawall and small dock engincc;-ing cOl1t."actol~' "marine construction engineering contractor" is an engineering contractor, having the experience and skill gained by not less than three (3) years as a general superintendent for an engineering contractor, as demonstrated to the satisfaction of the licensing board or education equivalent thereto, or a combination, and qualified and certified to construct seawalls and small docks. A seawall and small dock engineering contractor may drive piling for one-story building construction, seawalls and small docks. . In addition. to the experience listed herein, aU applicants for "marine construction engineering contractor" shall be required to pass the business & law exam and the appropriate trade exam. d. A "paving engineering contractor" is an engineering contractor having the experience and skill gained by a minimum of three (3) years as a general superintendent for an engineering contractor. as demonstrated to the satisfaction of the licensing board or education equivalent thereto or a combination thereot~ and qualified and certified to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, property line walls, asphalt paving, concrete paving, and to perform the excavating, clearing and grading incidental thereto. A paving engineer contractor may not excavate for canals and lakes, or construct storm drainage facilities. In addition, to the experience listed herein, all applicants for "paving engineering contractor" shall be required to pass the business & law exam and the appropriate trade exam. ~ A "pile driving and foundation engineering contractor" is an engineering contractor having the experience and skill gained by not less than three (3) years as a general superintendent for a general building or general engineering contractor or education equi',alent thereto, or a combination thereof" as demonstrated to the satisfaction of the licensing board and qualified and certified to drive piling including sheet piling and construct foundations including the excavating, forming and placing of reinforcing steel and concrete and perform other work incidental thereto, In addition. to the experience listed herein. all applicants for "pile driving antlfoundation engineering contractor" shall be required to pass the business & law exam and the appropriate trade exam. "^~ "pipeline engineering contrecto,"" is an engineering contractor qualified by the experience and skill gained by not less than fi','e (5) years as a general superintendent for a general engineering contractor or pipeline engineering contractor, as demonstrated to the satisfaction ofthe licensin~ board or education equivalent thereto, or a combination thereof and certified to excavate, construct, install, repair or alter pipelines, such as water ilnd gas transmission and distribution lines, stann and sanitary se'.verage lines, force mains, outfall::; and pumping facilities incidental to the collection or installation and placing ';:ithin a structure v:hich. is constructed for the purpose of pumping or processing such pipeline products. A pipeline engineering contractor may construct or install junction boxes, manholes, inlets, '.'al'.'es, and similar components, in such manner as to comply with all plans specifications, codes, laws and regulations applicable, The work of the pipeline engineering contractor shall be considered to stop at a point five ill feet from a building not specifically constructed for the purpose of pumping or processing pipeline products ill Class III, sub-engineering contractor or land clearing and grubbing engineering contractor is any person who held a certificate of competency for this category on August 16, 1994, and is an engineering contractor having the experience and skill gained by not less than one (1) year as a general superintendent for an engineering contractor ef- education equivalent thereto, or a combination thereof, and qualified and certified to clear land of surface debris and vegetation growth, including the grubbing of roots, the removal of the debris therefrom and the general leveling of the surface thereinafter and work incidental thereto. A Class III engineering contractor may take out permits for work falling within his particular specialty or specialties except in those trades for which a master is specifically required; he shall subcontract with a qualified contractor holding a current certificate of competency in that field. AlL permits for soaking pits, dry wells, catch basins, and connection pipes or filled property shall be secured from the proper authority and installation made in accordance with the Standard Building Code. No person not previously classified as a Class III, sub-engineering contractor or land clearing and grubbing engineering contractor as of August 16, 1994, shall be certified as a Class III, sub-engineering contractor or land clearing and grubbing engineering contractor after August 16, 1994. However, the contractor's examining board shall continue to certifY and regulate those persons holding a Class III sub- engineering contractor or land clearing and grubbing engineering contractor certificate of competency prior to August 16, 1994, provided that the certificates of competency are maintained in good standing pursuant to all other provisions of this chapter, and rules and regulations promulgated hereunder, Those persons holding such license on the effective date of this subsection shall be entitled to renew such license but at such time that the license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. (3) Cc;-tijiceti(),'1 ,"ast,'-icti();7S. No person not previously certified as a class I general engineering or as class II, specialty engineering contractor in the subclasses pipeline, pile driving and foundation, seawall and small dock, fuel transmission and distribution line, and hydraulic dredging, as of February 18, 2001, shall be certified as a class I general engineering or closs II specialty engineering contractor after February 18, 2001, Howover, the contractors examining board shall continue to certify and regulate those class I and specified class II engineering contractors who ';:ere certified on February 18, 2001, provided that such engineering contractors maintain their certificates of competency in good standing pursuant to this chapter and rules promulgated hereunder. Firm shall include a sole proprietorship, partnership, corporation, association or any other type of business organization. General contractor means those whose services are unlimited al3em as to the type of work they may do as follows: any person who, for compensation, undertakes to or submits a bid to or does himself or by others, construct, repair, alter, remodel, add to, subtract from, improve any building or structure, including related improvements to real estate for others, or for resale to others, If the services affect the structural members of the building, drawings sealed by an engineer or architect are required. However, a contractor shall subcontract the electrical, plumbing, mechanical, roofing, sheet metal, and air conditioning work, unless he holds a certificate of competency for the respective trade. However, he shall not be required to subcontract for shingle roofing. All applicants for zeneral contractor shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of six (6) years experience in the field. as demonstrated to the satisfaction of the licensing board. Journeyman. The term "journeyman" shall mean any person who possesses the required skills, knowledge and experience, as evidenced by three (3) years' proven experience in the trade or craft, as demonstrated to the satisfaction of the licensing board, eF educational equi'l:alent thereto, or a combination thereof, but not morc than one half (1/2) of such experience may be by education equivalent, and who has passed the business and law examination and an examination in his particular trade or craft and possesses a valid certificate of competency as a joumeyman in such trade or craft. All work shall be done under the direct supervision of a master or journeyman on all job sites. Maintenance personnel includes all maintenance personnel who are regularly employed to maintain and make minor repairs to systems, apparatus and equipment, such as plumbing, electrical, refrigeration, air conditioning, ffl:eile boiler, heating and ventilating, which is installed, contained in and used upon premises or in buildings owned, occupied or controlled by the person or firm by whom such personnel is employed. Such maintenance personnel must hold a current certificate of competency for maintenance work or as master or joumeyman in the trade or trades in which they are to engage. A master or a journeyman will automatically qualify, without further examination as maintenance personnel in their particular trade. The term "maintenancell as used in this paragraph is not intended to include operators of appliances or equipment. Those persons holding: such license on the effective date of this subsection shall be entitled to renew such license but at such time that the license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. Master means any person who possesses the necessary qualifications, trammg and technical knowledge to do, pLan, layout and supervise the work connected in his particular trade. He must be a qualified contractor or work for a qualified contractor, and hold a current certificate of competency indicating his qualification, in order to work in his trade All applicants for master shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of six (6) years experience in the field. as demonstrated to the satisfaction of the licensing board. Master sign contractors means those who may erect, fabricate, repair or maintain for themselves or others any sign as defined in the part II of this Code. They may construct meter centers or services for individual or a series of signs, and install transformers and any device for and pertaining to illumination of signs, They may not COlmect a circuit to a panel, except for a sign, All applicants for master siJ!J1 contractor shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of six (6) vears experience in the field, as demonstrated to the satisfaction of the licensing board. Mechanical contractors means those whose services are unlimited in the execution of contracts requiring the experience, knowledge and skill to perform the following: install, maintain, repair, fabricate, alter, extend or design, when not prohibited by law, central air conditioning, refrigeration, heating and ventilation systems, including duct work in cOilllection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus or equipment used in connection therewith; and to install, maintain, repair, fabricate, alter, extend or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installation and piping for same, fire sprinkling systems and stand pipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines and installation of a condensate drain from an air conditioning to an existing safe waste or other approved disposal other than a direct connection to a sanitary system, all in such a manner as to comply with all plans, specifications, codes, laws and regulations applicable thereto, The scope of his work shall also include an excavation incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable waterlines, or connections thereto, sanitary sewer lines, swimming pools piping and filters, and electrical power wiring. All applicants for mechanical contractor shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of six (6) years experience in the field, as demonstrated to the satisfaction of the licensing board. Plumbing contractor means a contractor who installs, maintains, repairs, alters, extends or designs, when not prohibited by law, plumbing. A plumbing contractor may install, maintain, repair, alter, extend or design, when not prohibited by law, the following without obtaining any additional local regulatory license, certificate or registration: sanitary drainage or storm drainage facilities; venting systems; public or private water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar water heating systems and all appurtenances, apparatus or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas (excluding liquid petroleum gases), and storm and sanitary sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes, when not prohibited by law, the design, installation, maintenance, repair, alteration or extension of air piping, vacuum line piping, oxygen line piping, nitrous oxide piping and all related medical gas systems; fire line standpipes and fire sprinklers to the extent authorized by law; ink and chemical lines; fuel oil and gasoline piping and tank and pump installation, except bulk storage plants; and pneumatic control piping systems, all in such a manner as to comply with all plans, specifications, codes, laws and regulations applicable. The scope of work of the plumbing contractor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plumbing contractor including well drilling, swimming pool maintenance, lawn sprinkler systems. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work, but which is specified herein as being the work of a trade other than that of plumbing contractor. All applicants for olumbing contractor shall be required to pass the business & law exam and the master plumber examination and to have had a minimum of six (6) years experience in the field, as demonstrated to the satisfaction of the licensing board. Pool contractors are those whose scope of work involves the construction and repair of any pools, public or private, used for therapy, swimming or other use. This work shall include, but not be limited to, layout, excavation operation of pumps for dewatering purpose, steel work, installation of light niches, pouring of floors, guniting, installing of tile and coping, installation of perimeter and filter piping, installation of all filter equipment, and chemical feeder of any type, plastering of the interior, pouring of decks, construction of equipment rooms or housing for pool equipment, and the installation of package pool heaters. However, the scope of work of such contractor shall not include direct connection to a sanitary sewer system, or to potable water lines. All applicants for pool contractor shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of two (2) years experience in the field, as demonstrated to the satisfaction of the licensing board, Residential contractors are those whose services are limited to construction, remodeling, repair, improvement of one-, two- or three-family unit residences not exceeding two (2) stories in height and accessory use structures in connection therewith. If the services affect the structural members of the building, drawings sealed by an engineer or architect are required. However, they must comply with the same regulations in regards to subcontractors as a general contractor. All applicants for residential contractor shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of four (4) years experience in the field, as demonstrated to the satisfaction of the licensing board. Roofing contractor is a contractor whose services are unlimited in the roofing trade and who installs, maintains, repairs, alters, extends or designs, when not prohibited by law, and uses materials and items used in the installation, maintenance, extension and alteration of all kinds of roofing and waterproofing, all in such manner as to comply with all plans, specifications, codes, laws and regulations applicable thereto. All applicants for roofing contractor shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of four (4) years experience in the field, as demonstrated to the satisfaction of the licensing board. Septic tank contractor is licensed by the State of Florida Department of Health, means a contractor '::ho has experience and skill gained by not less than one (1) year [IS [I general superintendent for a plumbing or septic tank contractor, as demonstrated to the satisfaction of the licensing board_or education equivalent thereto, or combination thereof, and qualified and certified to install, clean, repair, alter, mctend and e'Kcavate for septic tanks, drain fields, interceptor tanks, dry wells, gas and oil interceptors, soakage pits and catch basins, and shall not include any other plumbing work or connecting pipes or pumps cxcept the nonferrous pipes between the catch basin and soakage pit. }Jl o[tlle forgoing and follov;ing contractor categories shall be tested categories Bfl::I:es.s othenyiso ex.ompted by this chapter Specialty contractors are those whose work consists of the performance of construction work and skills that are usually a minor but important part of the complete structure, or whose trades are unrelated to the integrity of the building structure. Unless specifically specified below, all specialty contractors shall be required for licensing to pass the business and law examination and shall have a minimum two (2) years experience in the field, as demonstrated to the satisfaction of the licensing board. The following is a list of specialty skills with the scope of work that may be performed under the certificate for each specialty; a certificate of competency shall be required for each specialty contractor: ill Acoustical ceiling specialty contractor is qualified to fabricate, install, maintain, alter or extend any acoustical ceiling material. ill Aluminum, vinyl and plastic specialty contractor is qualified to fabricate, install, maintain, alter or extend aluminum, vinyl and plastic products such as metal, vinyl, or plastic sidings, awnings, window frames, railings, screen and screen enclosures, and canopies, including canopy frames for canopies fabricated from materials other than aluminum, vinyl or plastic. ill Asphalt seal and coating specialty contractor is qualified to coat an existing asphaltic paving material with a sealer, which may be applied by squeegee, broom or mechanical applicator; and to repair deteriorated asphalt pavement through infrared technology or, up to a maximum of one hundred (100) square feet of patch work on a site, by cold patch technology, with no increase in the foot print of the paved area. ill Burglar alarm specialty electrical contractor is qualified to install, repair, alter, add to or change any system electrically energized in whole or in part, for the detection, prevention or control of burglary. The scope of these systems shall include conductors and raceways, radio frequency carriers, laser beams, light beams, sonic beams, any other means of signal transmissions, as well as all apparatus pertaining to burglar alarm systems. A burglar alarm specialty electrical contractor may connect to an existing separate circuit of approved capacity, which is terminated in an approved outlet, junction box, or fused disconnect switch within six (6) feet ofthe equipment to be energized. ill Cabinet and millwork specialty contractor is qualified to fabricate and install cabinets of all kinds, prefabricated or on-site fabricated of a non-structural nature; to apply paneling to the interior of the structure, which paneling shall be of wood or synthetic products or a combination of both; and to set door jams, hang doors, and apply trim molding to the interior of a structure. (Ql Demolition specialty contractor is qualified to demolish buildings, No person not previously certified as a demolition specialty contractor as of May 1, 1997, shall be so celiified after May 1, 1997. However, the board shall continue to license and regulate those demolition specialty contractors who held certificates of competency prior to May 1, 1997, those persons holding: such license on the effective date oEtbis subsection shall be entitled to renew such license but at such time that the license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. ill Drilling auger specialty contractor is qualified to drill auger holes for persons who have obtained permits. (]) Drywall specialty contractor is qualified to fabricate, install, maintain, alter or extend any gypsum drywall products to wood or metal studs, wood or steel joints and metal runners in the buildings. The scope of the work shall include the preparation of the surface over which the drywall product is to be applied, including the placing of metal studs and runners and all necessary trim. ill Fence erector specialty contractor is qualified to erect fences of wood, chain link or prefabricated materials. He may auger and pour concrete for fence post anchorages. .Qill Fire alarm specialty contractor is qualified to install, repair, alter, add to or change any system, electrically energized in whole or in part, for the detection and prevention of fire, noxious gases, liquids or atomic radiation. The scope of these systems shall include conductors and raceways, radio frequency carriers, laser beams, light beams, sonic beams, and any other means of signal transmissions as well as all apparatus pertaining to fire alarm systems. A fire alarm specialty contractor may connect to an existing separate circuit, of approved capacity, which is terminated in an approved outlet, junction box, or fuse disconnect switch within six (6) feet of the equipment to be energized. Such contractors must have a fire alarmjoumeyman or master or licensed fire alarm specialty contractor supervising the installation, repair and alteration of any system at all times. A fire alarm specialty contractor may not install, repair, or alter any fire suppression or extinguishing system even if such system is interconnected with a fire alarm system il..l} Flooring specialty contractor is qualified to install all types of flooring except cementitious products, marble or terrazzo. ill) Garage door opener/installation specialty contractor is qualified to install automatic garage door openers in residential and commercial buildings. !.12.l Gasoline tank and pump specialty contractor is a specialty mechanical contractor qualified and certified to install, maintain, repair, alter or extend any system used for storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures to be used solely in connection with gasoline filling stations dispensing fuel to mobile vehicles or marine equipment; provided, however, that bulk plants shall not be a part of the scope of such work. No person not previouslv certified as a gasoline tank and pump specialty contractor as of February 18. 2004, shall be so certified after February 18, 2004. However. the board shall continue to license and regulate those gasoline tank and Dump specialty contractors who held certificates of competency prior to February 18. 2004, but at such time that the license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. ill) Glazing specialty contractor is qualified to install glass of all kinds, and metal and wood window frames. All applicants for a glazing specialty contractor shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of two (2) years experience in the field. as demonstrated to the satisfaction of the licensing board. Those persons holding such license on the effective date ofthis subsection shall be entitled to renew such license but at such time that the license is allowed to expire. it shall not be reinstated until they have fulfilled the licensure requirements of this chapter. .ail Gunite and sandblasting specialty contractor is qualified to gunite, sandblast, place reinforcing steel for gunite work, place backing for gunite work, and do fonning. No person not previously certified as a ~mite and sandblasting specialty contractor as of Februarv 18,2004. shall be so certified after February 18.2004. However. the board shall continue to license and regulate those who held certificates of competency prior to February 18. 2004, but at such time that the a J{1.mite and sandblasting speCialty contractor license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. .QQl Heating, ventilation and air conditioning duct installation specialty contractor is a specialty mechanical contractor who is qualified and certified to fabricate, adjust and install fiberboard or flex duct designed by others and to install sheet metal duct fabricated by others, This specialty contractor shall work under the supervision of a mechanical contractor or other licensed air conditioning contractor. ill) House moving specialty contractor is qualified to move buildings. He is allowed to block up a building prior to moving, but foundations at the new site must be placed or installed by others. No person not previously certified as a house movin!! specialty contractor as of February 18, 2004, shall be so certified after February 18, 2004. However, the board shall continue to license and regulate those who held certificates of competency prior to February 18, 2004. but at such time that the house mavin)! slJecialtv contractor license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. House setter SpCciCl!fy CG."lt,"Cleto,'- is qualified to lift, place, secure, and assemble a modular structure on a foundation at a site for ...:hich a building permit has been secured by a qualified indi':idual. A house setter is not permitted to perform any structural, electrical, plumbing or mochnnical work. @ Insulating specialty contractor is qualified to place approved insulation in any type structure. il2) Landscaping specialty contractor is qualified to perfoml all services that may be performed by someone holding a mowing and yard service occupational license, as well as to install, alter, maintain and trim trees, grass, shrubbery and plants, as well as clearing, grubbing and pruning of trees, and the spreading of pea rock less than one (1) inch in diameter and top soil, but not including the alteration of the grade by the placement of filL Auguring for any purpose other than to install. alter, maintain and trim trees, grass, shrubbery and plants is not allowed under this specialty. ~ Landscaping curb contractor is qualified to form, mold, and lay non-structural decorative curbing to be used for landscaping purposes only, G.Q) Lawn sprinkler specialty contractor is qualified to install, maintain, repair, alter, extend or design lawn sprinkling systems and appliances and devices used in connection with such systems; except that such systems shall not include the drilling of wells or the connection of such systems to potable water (ill Low voltage slJecialtv contractor is qualified to install, maintain, repair, alter or extend any low voltage electrical construction less than fifty (50) volts or equivalent root mean squared. All applicants for low voltage specialty contractor shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of three (3) years experience in the field, as demonstrated to the satisfaction of the licensing board. (22) Masonry specialty contractor is qualified to place and finish concrete, and to fabricate or install block, pavers and bricks in a building. He cannot build or place forms or place steel in anything other than non-structural concrete components, except that he can place forms for the purpose of repairing spalling concrete only, ill) Mobile home maintenance and repair specialty contractor is qualified to install, alter or maintain a mobile home, confined to painting, siding, replacement of windows, doors, tie-downs, roof waterproofmg and flooring, excluding electrical, plumbing and air conditioning work. Those persons holding such license on the effective date of this subsection shall be entitled to renew such license but at such time that the license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. (24) Mobile home set-up and tie-down specialty contractor is qualified to place a mobile home on a lot with required blocking and tie- down straps, excluding electrical, plumbing and air conditioning work. Those persons holding such license on the effective date oftlis subsection shall be entitled to renew such license but at such time that the license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. (25) Painting and decorating specialty contractor is qualiti.ed to paint buildings, interior and exterior, and signs, with brushes, rollers or spray. He can apply with brush, roller or spray, textured finishes to interior ceilings. This provision does not require a certificate of competency for the painting of signs only at the painter's shop, (26) Pavement painting specialty contractor is limited to painting pavement, including parking lot and street striping with brushes, rollers or spray. (27) Plastering specialty contractor is qualified to plaster interior or exterior of any structure, and in addition, may finish concrete. (28) Satellite, T. V. antenna, telephone and other communications equipment installation specialty contractor is qualified to fabricate, install, maintain, alter or extend any satellite or T.v. antenna installations, or any telephone or other conununications equipment installation, excluding any electrical connections other than plug- m. Q.2} Septic tank cleaning specialty contractor is qualified to pump and clean septic tanks or grease interceptors. .Q..Q) Sign electrician (electrical wiring only) specialty contractor is qualified to do all neon installation on preinstalled signs, structures and appurtenances; to manufacture neon lights and mount neon lights on signs erected and placed by others; to do all other electrical wiring for electrical signs; and to install transformers and any other device pertaining to illumination of signs. They shall not connect a circuit to a panel except for a sign. AU applicants for sign electrician shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of six (6) years experience in the field, as demonstrated to the satisfaction of the licensing board. ill) Sign erection specialty contractor is qualified to erect signs of all classes and do repairs of such signs; however, if electlical signs are installed or repaired, a master electrician, a sign electrician specialty contractor, or master sign contractor shall be required. ill) Sign Painting specialty contractor is limited to painting of interior and exterior signs, with brushes, rollers or spray, This provision does not require a certificate of competency for the painting: of signs only at the sign painter's shop. (TI,) Solar products specialty contractor }. solar products specialty contractor is qualified to install solar products, excluding any connection to potable water and electrical connections other than electrical plug in. A solar contractor is a contractor whose contracting business consists of the execution of contracts requiring the experience, fmancial means, knowledge and skill to install, alter. repair. maintain. relocate. or replace solar panels for potable solar water heating systems, and swimming pool solar heating systems and any appurtenances. apparatus. or equipment used in connection therewith. Such contractor shall subcontract with a qualified contractor in the field concerned all other work which is specified herein as being the work of a trade other than that of a solar contracto 'r. The scope of work of the solar contractor shall apply to private and public property, and shall include all minor work incidental thereto as specified herein. For purposes of this section the term residential refers to systems installed in connection with one family. two family. or three family residences not exceeding: two stories in height. The following minor work incidental to the installation of residential solar equipment shall be considered to be within the scope of work of a solar contractor. Unless otherwise indicated. the solar contractor shall be permitted to perform such work without subcontracting: to a trade other than that of a solar contractor. a. Electrical work. The branch circuit supplying: the electric water heater, the receptacle outlet for a cord-and-plug- connected solar controller, the swimming pool pump motor, and the premises wiring on the load side of the premises service disconnecting means shall be in accordance with the National Electric Code. If installation, alteration, removaL replacement, or upgrading of this circuit is necessary. the work shall be performed by licensed electrical contractors only. b. Solar Water Heating: Systems. Solar contractors may disconnect and reconnect the existing branch circuit wiring at the water heater. Solar contractors may install new or replace existing control attached to a cord-and-plug- connected solar controller. All work shall be done in accordance with the National Electric Code. c. Solar Pool Heating Systems. Solar contractors may install new or replace existing. power wiring on the load side of an existing pump motor disconnect. Solar contractors may also install new or replace existing control wiring connected to a solar pool controller. All work shall be done in accordance with the National Electric Code. d. Plumbing. The solar contractor shall perform all work required for the installation of a domestic solar water heating. system and solar pool heating system, including. connecting the solar hot water system to the existing cold water supply and hot water lines at the existing domestic water heater location. Such work shall be performed in accordance with applicable codes and standards, e, Roofing. Solar contractors may perform roofing work directly related to the installation of a domestic solar water heating system. or solar pool heating system. including cutting roof openings and penetrations. installing flashings, attaching: equipment mounting brackets and solar panels, Such work shall be limited to an area within 18 inches of each roof penetration or attaclunent and shall be performed in accordance with National Roofing Contractors Association roofing practices. Q..1} Solar window tinting specialty contractor is qualified to install solar window tinting products. Qj} Steel reinforcing and iron specialty contractor is qualified to place and tie reinforcing steel in forms built by others and forms built by said contractor to repair spalling concrete only. QQ} Structural steel erection specialty contractor is qualified to erect and fasten stmctural steel in place, by riveting, bolting or welding, including metal towers and rigging, Q1l Swimming pool servicing specialty contractor is qualified to service, repair, and maintain any swimming pool, whether public or private, and treat swimming pool water. The scope of such work may include any necessary piping and repairs, replacement and repair of existing equipment, or installation of new additional equipment as necessary. The scope of such work includes the reinstallation of tile and coping, repair and replacement of all piping, filter equipment, and chemical feeders of any type, replastering, re-pouring of decks, and reinstallation or addition of pool heaters. No person not previously certified as a swimminz 0001 servicinz soecialtv contractor as of Febmary 18, 2004, shall be so certified after Febmarv 18. 2004. However. the board shall continue to license and regulate those who held certificates of competency prior to February 18. 2004. but at such time that the swimminz 0001 servicing soecialtv contractor license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. (35) Testing, except /0:" ed:ni:listra.th'e eXBm, shall not be required for licensing in the specialty trades enumerated provided the applicant has had at least two (2) years experience in the field, demonstrated to the satisfaction of the licensing board, for the follo\':ing specialty trades: /\coustical ceiling ;\luminum specialties Cabinet and milhvorl~ Drill in-g auger Fence erection Flooring Garage door opener/installation Heating, ventilation and NC duct installation House setter Insulation Landscaping Masonry Mobile home maintenance and repair Mobile home set up and tie dO'l:n Painting and decorating Plastering Satellite, TV antenna, telephone and other communications equipment installation Septic tank cleaning Solar windm.v tinting: Steel reinforcing and iron Tile, marble and terrazzo Thatched roofing The follo'l..ing list of specialty trades shall always require testing for purposes of licensure: ,^.sphalt sealing and coating Burglar alarms DOlIKllition Dry.vall Fire alarm Glazing Lawn sprinkler Low voltage Sign electrician Sign erection Waterproofing and roof painting Persons seeking a certificate of competency in any of the specialty trades other than asphalt scaling and coating, burglar alarms, delIKllition, fire alarm, drywall, gasoline tank and pump, glazing, gunite and sandblasting, house lIKlving, lawn sprinkler, 10':: ':oltage, sign electrician, structural steel erection, sign erection, s'l:imming pool ser'lieing, and '.vrnerproofing and roof painting, welding may substitute for the two (2) years experience in the field, a minimum grade of seventy (70) percent on the respecti':e technical examination provided by Block and .\ssociates. Q.[} Thatched structure specialty contractor is qualifLed to install by placing or erecting support poles and beams, chickees and tiki huts and placing thatched roofing thereon. No person not previously certified as a thatched structure specialty contractor as of February 18,2004. shall be so certified after February 18.2004. However, the board shall continue to license and regulate those who held celtificates of competency prior to February 18. 2004, but at such time that the thatched structure specialty contractor license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. Q..2} Thatched roofing specialty contractor is qualified to install thatched roofing on "chickee" and "tiki" huts. A thatched roofing specialty contractor can not place or erect the support poles and beams for "chickee" and "tiki" huts. (40) Tile, marble and terrazzo specialty contractor is qualified to install, repair and maintain pavers, tile, marble and terrazzo. Hl.} Wate/proofing and roof painting specialty contractor is qualified to apply waterproof sealants and to paint roofs. (42) Welding specialty contractor is qualified to fabricate and install assembled accessories and sections of structural and ornamental metals. No person not previously certified as a welding specialty contractor as of February 18,2004, shall be so certified after February 18. 2004. However, the board shall continue to license and regulate those who held certificates of competency prior to February 18.2004, but at such time that the welding specialty contractor license is allowed to expire, it shall not be reinstated through the reinstatement provisions of the licensure chapter. Supervision means control over and direction of the construction work. It reqUlres the supervisor to give direction and inspect the work being performed by others and to be on the site during construction activity as is necessary for said direction and inspections, to ensure that work complies with plans, specifications, regulations and the building codes. Testing means the examination(s) which shall be taken and passed bv the applicant in order to complete a portion of the specific requirements for a certificate of competency in any particular field. A minimum grade of seventy (70) percent is required in order to achieve a passing grade on any examination for all trades defined in this section. The particular examination requirements may vary depending on the specific certificate of competency sought by the applicant. Trade shall include but shall not be limited to plumbing, electrical work, plastering, construction, repair or removal of buildings, and any other similar occupation connected with the construction industry or defined in this section. Underground utility and excavation contractor means a contractor whose services are limited to the construction, installation, and repair. on public or private property, whether accomplished through open excavations or through other means, including, but not limited to. directional drilling. auger boring. iacking and boring, trenchless technologies. wet and dry taps. grouting. and slip lining. of main sanitary sewer collection systems. main water distribution systems. storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at propertv line on residential or single-occupancy commercial properties, or on multioccupancy propelties at manhole or wye lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection svstems at storm sewer structures. However, an underground utility and excavation contractor may install empty underground conduits in rights-of-way, easements, platted rights-of-way in new site development. and sleeves for parking lot crossings no smaller than 2 inches in diameter, provided that each conduit system installed is designed by a licensed professional engineer or an authorized employee of a municipality, county, or public utility and that the installation of any such conduit does not include installation of any conductor wiring or connection to an energized electrical system, An underground utility and excavation contractor shall not install any piping that is an integral pmt of a fire protection svstem as defined in Florida Statute Section 633.021 beginning at the point where the piping is used exclusively for such system. All applicants for underground utility and excavation contractor shall be required to pass the business & law exam and the appropriate trade exam and to have had a minimum of three (3) vears experience in the field, as demonstrated to the satisfaction of the licensing board. Commencing February 12, 2001, no person not prc':iously certified as a specialty contractor in the follo'.ving specialty list as of February 18, 2001, shall be certified in the folLov:ing specialty list after February 12, 2001. Ho',ye'.'er, the Contractors Examining Board shall continue to certify and regulate those contractors vlho continue to maintain their certificates of competency in good standing pursuant to this chapter and rules promulgated hereunder the following specialty trades: gasoline tank and pump gtmite and sandblasting house moving solar products swimming pool servicing thatched structure welding The contractor's examining board shall make interpretations, as needed, of the scope of services permissible under this section by any contractor or specialty contractor. Section 3. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. 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. CONFLICTING PROVISIONS, In case of direct conflict between any provision of any appropriate federal, state of County law, rule code of regulation, the more restrictive shall apply. Section 5. INCLUSION IN THE CODE OF ORDINANCES. 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, and shall be appropriately renumbered to conform to the uniform numbering system of the code. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes. 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 _, 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario DiGennaro Commissioner George Neugent _ Commissioner Kim Wigington _ (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairperson MONROE COI , ,~ _ ~ROV.- .~--'.. '. 'I. J. Y A fTOFii'iEY t: C. AS TO FOf!j'\A: . NAT~-V (;~ ILi:.'!: r' '----~_. , ". . A. Q C' ASSISTANT (',.. .. ' '".::.'EL. Date 'J - ~ .'. l' ATTORNEY * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Bulk Item: Yes No --X- Division: County Attorney Department: County Attorney Meeting Date: April2L 2010 Staff Contact: Suzanne Hutton. #3473 Christine Limbert-Barrows/#3475 AGENDA ITEM WORDING: A public hearing to consider adoption of an Ordinance amending Monroe County Code to require businesses to obtain a commercial collection service agreement and provide proof of a current commercial collection service agreement upon issue or renewal of the business tax. ITEM BACKGROUND: In order to ensure that businesses that operate within Monroe County comply with obtaining commercial collection service agreements, the proposed ordinance will: a) amend Section 21-46, MCC to expand the definition of 'Commercial collection service" to include businesses; b) amend Section 21- 74, MCC to expand commercial collection service to businesses; c) amend Section 21-74(2)(a), MCC to require businesses to obtain a commercial collection service agreement; d) amend Section 23-76(a), MCC to require businesses to provide a current commercial collection service agreement before a business tax will be issued or renewed. PREVIOUS RELEVANT BOCe ACTION: The Board adopted the current version of Section 21-46, MCC in 2000 (See Drd. 35-2000); Section 21-74, MCC in 1992 (See Ord. 25-1992); and Section 23-76, MCC in 2006 (See Ord. 027-2006). 3/17/10 (Q-3) BOCC continued public hearing to 4/21/10 @ 3:00 p.m. in Marathon CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval. TOTAL COST: n/a INDIRECT COST: n/a BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: n/a REVENUE PRODUCING: Yes SOURCE OF FUNDS: AMOUNTPERMONTH_ Year No APPROVED BY: County Atty --X- OMBlPurchasing _ Risk Management_ DOCUMENTATION: DISPOSITION: Revised 7/09 Included X Not Required_ AGENDA ITEM # ORDINANCE NO. -2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTION 21-46 OF THE MONROE COUNTY CODE; AMENDING SECTIONS 21-74 AND 21- 74(2)(a) OF THE MONROE COUNTY CODE; AMENDING SECTION 23-76(a) OF THE MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 21-74(2)(a) of the Monroe County Code (MCC) currently only requires owners and occupants of commercial property within the county to enter into an agreement with a collector for commercial collection service; and WHEREAS, there are businesses that operate within Monroe County that are mobile or operate out of a residential property which are currently not required to comply with MCC Section 21-74(2)(a); and WHEREAS, businesses that are mobile or that operate from a residential property still generate solid waste that a commercial property would generate for purposes of commercial collection service; and WHEREAS, such businesses should be required to enter into an agreement for commercial collection service pursuant to MCC Section 21-74(2)(a) since failure to do so may effect the overall cost of garbage collection for the taxpayers of Monroe County; and WHEREAS, in order to ensure that businesses that are mobile or operate out of a residential property comply with M CC Section 21-74(2)( a), the defmition 0 f "commercial collection service" under MCC Section 21-46 and the requirements under MCC Section 21-74 should be amended; and WHEREAS, there is currently no enforcement mechanism in place to ensure compliance withMCC Section 21-74(2)(a); and WHEREAS, in order to ensure that businesses comply with MCC Section 21-74(2)(a), the tax collector will require proof of an agreement for commercial collection service before a business tax will be issued; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COuNTY, FLORIDA: [Proposed Text Changes are presented in strikethrough to indicate deletions and underline to indicate additions.] Page 1 of3 SECTION 1. Sec. 21-46 Commercial collection service is hereby amended to read as follows: Commercial collection service means the collection, disposal and recycling of domestic solid waste generated by commercial property or business provided by a collector. SECTION 2. Section 21-74 is hereby amended to read as follows: Sec. 21-74 Responsibility ofproperty owners and businesses. The owners and occupants of improved property and businesses that operate within the county shall use the collection services provided by the collector for the service area where such property is located, unless exempted by the provisions of this article. All improved property shall be subject to the imposition of the solid waste assessment for such services as may be established in the rate resolution. SECTION 3. Section 21-74(2)(a.) is hereby amended to read as follows: 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. SECTION 4. Sec. 23-76(a) is hereby amended to read as follows: (a) All persons obtaining a fm the business tax for the fIrst time must complete the tax form prepared by the county tax collector and shall provide proof of a current commercial collection service agreement pursuant to Section 21-74(2) of the Monroe County Code. The business tax will not be issued or renewed until proof of a current commercial collection service agreement is provided. The business tax provided for in this chapter is for the primary purpose of raising revenue enly. It is not a County permit to undertake any business, profession, or occupation at a particular site. The tax collector shall, on a montWy basis, provide the county planning department with a list of the taxpayer who have paid and the addresses of their respective businesses, professions, or occupations. If the tax is paid for a business, profession or occupation at an address that the planning department concludes violates that county's land development regulations or comprehensive plan, then the county's code enforcement department may undertake whatever action it deems proper to force a correction of that violation. A statement similar to this subsection must appear on all business tax forms. SECTION 5. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. 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. Page 2 of3 SECTION 6. CONFLICT WITH OTHER ORDINANCES. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 7. INCLUSION IN THE CODE OF ORDINANCES. 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, and shall be appropriately renumbered to confirm to the uniform numbering system of the code. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida., at a regular meeting of said Board held on the 17th day of March, 2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairperson Page 3 of3 sb ligendarg KEY LARGO Chamber of Conunerce 106000 Overseas Highway' Key Largo · FL · 33037. 305/451-1414' Fax: 305/451-4726' keylargochamber.org April 21, 2010 Commercial garbage collection for home occupational permit holders The Key Largo Chamber of Commerce, which has 380 members, opposes this ordinance...because it doesn't make any sens'e and it isn't necessary. This ordinance states in the third whereas "businesses that operate from a residential property still generate solid waste that a commercial property would generat1e for purposes of commercial collection service." That is not true. Home businesses do NOT generate solid waste at the same level as typical businesses. And if they did, they could be cited by Code Enforcement, their license pulled and eventually closed down. Here's vvhy. The county already heavily restricts who can get a home occupational permit. To get one, the! business owner must meet stringent, ii-point criteria. Among them: · I'Jo more than 200/0 of the home is used as a business; · l-he business "shall be operated so as to not change the essential residential character of the use"; and · 1\'0 stock will be displayed or sold, nor any equipment or material stored outside the business. If you mleet these criteria, there is no way a home business will generate commercial-level garbage. Can you imagine how a commercial dumpster would impact the "essential residential character" of a neighborhood? If there is a problem with home businesses generating garbage at the level of, for instance, a restaurant or hotel, then the business is violating the home occupation ordinance and should be dealt with by Code Enforcement. We urge you not to pass this ordinance. Mission statement of the Kev Larao Chamber of Commerce Through the collective power of our membership, build a vibrant business and social environment for our community. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUl\1MARY Meeting Date: April 21. 20 10 Division: Growth Management Bulk Item: Yes NoX Department: Staff Contact PersonlPhone #: Christine Hurley Ex. 2517 AGENDA ITEM WORDING: A Public Hearing to consider a resolution revising the fee schedule for the Growth Management Division to add an appeal fee for ROGO and NROGO. ITEM BACKGROUND: Monroe County Code Section 138-1 allows for an appeal from the decision of the Planning Commission on a ROGO or NROGO allocation to the Board of County Commissioners. An appeal fee for ROGO or NROGO has not been listed. PREVIOUS RELEVANT BOCC ACTION: September 16, 2009 - Resolution 294-2009 changed the fee for Future Land Use Map Amendments, Land Use District Map Amendments, Comprehensive Plan Amendments and Land Development Regulation Applications. CONTRACTIAGREEMffiNTCHANGES:N/A STAFF RECOMMENDATIONS: Approval TOT AL COST: INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes L No AMOUNT PER MONTH TBD Year APPROVED BY: County AttylL OMBlPurchasing lL Risk Management X DOCUMffiNT ATION: Included ~ Not Required_ DISPOSITION: AGENDA ITEM # Revised 3120 I 0 RESOLUTION NO. -2010 A RESOLUTION AMENDING THE PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FEE SCHEDULE TO ADD AN APPEAL FEE FOR ROGO/NROGO; CLARIFYING OTHER CHARGES; REPEALING ANY OTHER FEE SCHEDULES INCONSISTENT HEREWITH. WHEREAS, the Monroe County Board of County Commissioners wishes to provide the citizens of the County with the best possible service in the most cost effective and reasonable manner; and WHEREAS, the Board finds that it would be in the best interests of the general public to charge the true cost for such services, thereby placing the burden of such costs directly upon those parties deriving the benefit from such services; and, WHEREAS, the updated fee schedule prepared by the Growth Management Director for providing these services includes the estimated direct costs and reasonable indirect costs associated with the review and processing of planning and development approval applications and site plans, on-site biological reviews, administrative appeals, preparation of official documentation verifying existing development rights and other processes and services; and WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee schedule during a public hearing on April 21, 2010; and, WHEREAS, the Board of County Commissioners wishes to add an appeal application fee for ROGO and NROGO to update Board of County Commissioners Resolution 294-2009; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA: Section 1. Pursuant to Section 102-19(9), the following schedule of fees to be charged by the Growth Management Division for its services, including but not limited to the filing of land development permit applications, land development approvals, land development orders, and appeal applications, and requests for technical services or official letters attesting to development rights recognized by the County shall be implemented: Administrative Appeals Administrative Relief Alcoholic Beverage Application Appeal ROGO or NROGO to BOCC Beneficial Use Biological Site Visit (per visit) 1500.00 1,011.00 1,264.00 816.00 4,490.00 280.00 PLANNING FEE RESO - PROPOSED - 0421201O.doc Page I of 3 Biologist Fee (misc - per hour) Boundary Determination Comprehensive Plan Amendment Conditional Use Application, Major Conditional Use, Application, Minor Conditional Use, Minor Deviation Conditional Use, Revised Plan Review Conditional Use, Time Extension Conditional Use, Transfer of Development Rights Conditional Use, Transfer of Floor Area Conditional Use, Transfer of ROGO Exemption Development Agreement Development of Regional Impact DOAH Appeals Dock Length Variance Future Land Use Map Amendment Grant of Conservation Easement Habitat Evaluation Index (per hour) Home Occupation Application Inclusionary Housing Exemption Land Development Regulations Text Amendment Land Use District Map Amendment - Nonresidential Land Use District Map Amendment -Residential Letter of Current Site Conditions Letter of Development Rights Determination Letter of ROGO Exemption NROGO Application Planning Fee (misc - per hour) Parking Agreement Planning Site Visit Platting, 5 lots or less Platting, 6 lots or more Pre-application with Letter of Understanding Pre-application with No Letter of Understanding Public Assembly Research, permits and records (per hour) Road Abandonment ROGO Application ROGO Lot/Parcel Dedication Letter Sign Variance Special Certificate of Appropriateness Vacation Rental Application Vacation Rental Manager License Fee Vacation Rental Renewal Variance, Planning Commission Variance, Planning Director 60.00 1,201.00 5,531.00 10,014.00 8,484.00 1,768.00 638.00 986.00 1,239.00 1,944.00 1,740.00 12,900.00 28,876.00 816.00 1,026.00 5,531.00 269.00 60.00 498.00 900.00 5,041.00 4,929.00 4,131.00 936.00 2209.00 215.00 774.00 50.00 1,013.00 129.00 4,017.00 4,613.00 689.00 296.00 149.00 50.00 1,533.00 748.00 236.00 1,076.00 200.00 493.00 106.00 100.00 1,608.00 1,248.00 PLANNING FEE RESO - PROPOSED - 042120 I O.doc Page 2 of3 Vested Rights Determination Waiver, Planning Director Wetlands Delineation (per hour) 2,248.00 1,248.00 60.00 Growth Management applications may be subject to the following additional fees or requirements: 1. Advertising and lor notice fees; $245 for newspaper advertisement and $3 per property owner notice. 2. No application or other fees for affordable housing projects. 3. Hearing fees; payment of half the cost of the hearing officer, which is currently $70.00 per hour. County is charged $140.00 per hour by DOAH. If the fee charged to the County is increased, the charge will change proportionately 4. Subject to technology fee of $20. 5. Applicants for Administrative Appeal who prevail based on County error, as found by the Planning Commission, shall have the entire application fee refunded. Section 2. Any other fees schedules or proVIsIons of the Monroe County Code inconsistent herewith are hereby repealed. Section 3. The Clerk of the Board is hereby directed to forward one (1) certified copy of this Resolution to the Division of Growth Management. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _ day of ,2010. Mayor Sylvia Murphy Mayor pro tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Sylvia Murphy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk PLANNING FEE RESO - PROPOSED - 042120 I O.doc Page 3 of 3