Ordinance 024-2015ORDINANCE 024 -2015
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
2 -58 OF THE MONROE COUNTY CODE; PROVIDING
FOR REVISIONS TO COUNTY ADMINISTRATION AND
COUNTY ADMINISTRATOR POWERS AND DUTIES;
PROVIDNG FOR REVISIONS AS IT RELATES TO THE
COUNTY'S REORGANIZATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 2 -58 of the Monroe County Code (MCC) adopts F.S. Chapter 125,
Part III County Administration (the County Administration Act of 1974); and
WHEREAS, F.S. 125.74 enumerates the county administrator's statutory powers and
duties; and
WHEREAS, the Board of County Commissioners desires to authorize the county
administrator to execute agreements on their behalf so long as the agreements are within his
designated signatory authority; and
WHEREAS, Section 2 -58 of the Monroe County Code should be revised to set forth the
signature authority for agreements and otherwise clarify the county administrator's powers and
duties as it relates to change orders and execution of contracts;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1 : Section 2 -58 shall be amended to read as follows:
Sec. 2 -58. - County Administration.
(a) County Administration law adopted: The board of county commissioners hereby expressly
adopts the county administration law as contained in F.S. ch. 125, pt. III (F.S. § 125.70 et
seq.).
(b) County Administrator; powers and duties:
In addition to the power and duties set forth in F.S. 125.74:
(1) In case of a construction project or professional services that are the subject of
previously executed contracts, the county administrator is authorized without necessity
of approval by the board of county commissioners:
a. To approve, sign and execute change orders with each change order not to exceed
$50,000.00 or five percent (5%) of the original contract price, whichever is greater.
1
Such change orders are noncumulative: in other words, each change order may be in the
amounts described and need not be added together for the purposes of reaching a
maximum per project or per service change order cost ceiling of $50,000.00 or five
percent of the original contract price. However, before the county administrator may
execute a change order authorized by this subsection, he must notify the members of the
board of county commissioners, at least 24 hours in advance, of his intention to execute
the change order. The county administrator must provide a report at each monthly board
of county commissioners meeting listing the change orders approved by him during the
prior month and the reasons for those change orders; and
b. To extend a project's substantial completion date up to six (6) months by written
agreement to the previously approved contract.
(2) In the case of selecting and employing County personnel, the county administrator is
authorized without the necessity of approval of the board of county commissioners:
a. To approve and sign reimbursement requests for moving expenses of newly employed
department heads or other key personnel as designated by the administrator, who reside
outside of the county at the time of hire. The amount paid may not exceed $5,000.00; and
b. To reimburse travel expenses of department director or other key personnel interviewees.
(3) The county administrator may execute agreements on behalf of the board, provided that said
agreements are for an amount within the administrator's signature authority of less than
$50,000.00. If the county administrator authorizes a person to act as a designee, such person
shall comply with Section 112.3145, Florida Statutes and the financial disclosure
requirements set forth therein. All agreements will be in a form approved by the County
Attorney's Office prior to execution. The County Attorney may require approval or
ratification of an agreement by the board.
In such cases, the board hereby determines that none of its discretionary authority is being
exercised by the county administrator; rather, the execution of such agreements is in conformity
with fiscal decisions already made by the board. Agreements and reimbursements heretofore
made by the administrator and that meet the criteria set forth in this section, as hereby ratified.
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 3: 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 4: INCLUSION IN 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 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
2
the Department of state and shall be effective 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 21st day of October, 2015.
Mayor Danny Kolhage
Yes
Mayor Pro Tern Heather Carruthers
Yes
Commissioner George Neugent
Yes
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor /Chairperson
Ad #1981260
THE REPORTER
Published Weekly
Tavernier, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared RICHARD TAMBORRINO who on
oath, says that he is PUBLISHER of THE
REPORTER, a weekly newspaper published in
Tavernier, in Monroe County, Florida: that the
attached copy of advertisement was published in
said newspaper in the issues of: (date(s) of
publication)
621,5
Affiant further says that the said THE
REPORTER is a newspaper published at
Tavernier, in said Monroe County, Florida, and
that the said newspaper has heretofore been
continuously published in said Monroe County,
Florida, each week (on Friday) and has been
entered as a second class mail matter at the
post office in Tavernier, in Monroe County,
Florida, for a period of one year next preceding
the first publication of the attached copy of
advertisement. The affiant further says that he
has neither paid nor promised any person, firm,
or corporation any discount, rebate, commission
or refund for the purpose of securing this
advertisement for publication in the said
newspaper(s) and that The THE REPORTER is
in full compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertis " e ts.
"V
Richard Tam orrino, Publisher
Sworn to and subscribed before me this
Day of �i��, 2015
Notary
(SEAL)
�......... BEVERLY TRAEGER
°4 MY COMMISSION # FF 108704
4f EXPIRES: April 18, 2018
pF Bonded Thru Notary Public Underwriters
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY COW
CERN that on October 21,
2015 at 3:00 P.M., or as soon
thereafter as may be heard,
in the Commission Cham-
bers located in the Marathon
Government Center,
2798 Overseas Highway,
Marathon, Monroe County,
Florida, the Board of County
Commissioners of Monroe
County, Florida, intends to
consider the adoption of the
following County ordinance:
AN ORDINANCE OF THE
MONROE COUNTY BOARD
OF COUNTY COMMISSION-
ERS AMENDING SECTION 2-
58 OF THE MONROE COUN-
TY CODE; PROVIDING FOR
REVISIONS TO COUNTY
ADMINISTRATION AND
COUNTY ADMINISTRATOR
POWERS AND DUTIES;
PROVIDING FOR REVISIONS
AS IT RELATES TO THE
COUNTY'S REORGANIZA-
TION; PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDI-
NANCES INCONSISTENT
HEREWITH; PROVIDING
FOR INCORPORATION INTO
THE MONROE COUNTY
CODE OF ORDINANCES;
AND PROVIDING FOR AN
EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is giv-
en that if a person decides to
appeal any decision made by
the Board with respect to any
matter considered at such
hearings or meetings, he will
need a record of the proceed-
ings, and that, for such pur-
pose, he may need to ensure
that a verbatim record of the
proceedings is made, which
record includes the testimony
and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you
are a person with a disability
who needs special accom-
modations in order to partici-
pate in this proceeding,
please contact the County
Administrator's Office, by
phoning (305) 292 -4441,
between the hours of 8:30
a.m. • 5:00 p.m., no later than
five (5) calendar days prior
to the scheduled meeting;
if you are hearing or voice
impaired, call "711 ".
Dated at Key West, Florida,
this 16th day of September,
2015.
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
.Clerk of the Board of County
Commissioners of Monroe
County, Florida
Published September 25, 2015
The Reporter
Tavernier, FL 33070
—� F l 0 R 1 D A K E Y S
KEYNCOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared RICHARD TAMBORRINO who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice weekly
newspaper published in Marathon, in Monroe
County, Florida: that the attached copy of
advertisement was published in said
newspaper in the issues of: (date(s) of
publication)
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published at
Marathon, in said Monroe County, Florida, and
that the said newspaper has heretofore been
continuously published in said Monroe County,
Florida, twice each week (on Wednesday and
Saturday) and has been entered as a second
class mail matter at the post office in
Marathon, in Monroe County, Florida, for a
period of one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says that
he has neither paid nor promised any person,
firm, or corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for publication in
the said newspaper(s) and that The Florida
Keys Keynoter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal fficia Advertisements.
Ric and Ta borrino, Publishrer
Sworn to and subscribed before me this
Day of ��_ / , 2015
Notary
(SEAL)
far, EEVERIYTRAEGER
MY COMNAISS10N it FF 108704
! 4
. EXPIRES: April 18, 2018
E ^nded Thru Notary Pudic Unde w lets
Ad #1981257
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON -
CERN that on October 21,
2015 at 3:00 P.M., or as soon
thereafter as may be heard,
in the Commission Cham-
bers located in the Marathon
Government Center,
2798 Overseas Highway,
Marathon, Monroe County,
Florida, the Board of County
I Commissioners of Monroe
County, Florida, intends to
consider the adoption of the
following County ordinance:
AN ORDINANCE OF THE
MONROE COUNTY BOARD
OF COUNTY COMMISSION -
ERS AMENDING SECTION 2-
58 OF THE MONROE COUN-
TY CODE; PROVIDING FOR
REVISIONS TO COUNTY
ADMINISTRATION AND
COUNTY ADMINISTRATOR
POWERS AND DUTIES;
PROVIDNG FOR REVISIONS
AS IT RELATES TO THE
COUNTY'S REORGANIZA-
TION; PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDI-
NANCES INCONSISTENT
HEREWITH; PROVIDING
FOR INCORPORATION INTO
THE MONROE COUNTY
CODE OF ORDINANCES;
AND PROVIDING FOR AN
EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is giv-
en that if a person decides to
appeal any decision made by
the Board with respect to any
matter considered at such
hearings or meetings, he will
need a record of the proceed-
ings, and that, for such pur-
pose, he may need to ensure
that a verbatim record of the
proceedings is made, which
record includes the testimony
and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you
are a person with a disability
who needs special accom-
modations in order to partici-
pate in this proceeding,
please contact the County
Administrator's Office, by
phoning (305) 292 -4441,
between the hours of 8:30
a.m. - 5:00 p.m., no later than
five (5) calendar days prior
to the scheduled meeting;
if you are hearing or voice
impaired, call "711 ".
Dated at Key West, Florida,
this 16th day of September,
2015.
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
Published Septemer 23, 2015
Florida Keys Keynoter
NOTICE OF INTENTION TO
col"SnT ER
ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HERFoY GIVEN
WHOM MAY CONCERN
th at
that on Oct 21, 2015 at
Kr v �wEST
�7rj �T STATE OF FLORIDA
t h er eafter P.M., or as soon
thereafter as may be heard, in
MEN COUNTY OF MONROE
lewspeper, Est. 1876
the Commission Chambers
Lions, LLC
located in the Marathon
Government Center, 2798
Overseas Highway, Marathon
Before the undersigned authority personally appeared Tommy Todd, who on
Monroe County, Florida, the
oath says that he is Advertising Director of the Key West Citizen, a daily
Board of County
1
Commissioners of Monroe
1777 newspaper published in Key West, in Monroe County, Florida; that the
County, Florida, intend to
consider the adoption o f the
o
copy o advertiseme attached f adi being a legal notice in the matter of
following County ordinance:
;025
AN ORDINANCE OF THE
;,COi11 e (-,e cR � V
MONROE COUNTY BOARD
OF COUNTY
COMMISSIONERS
IG
Ci e S e G Z Y
AMENDING SECTION 2 -58 OF
THE MONROE COUNTY
CODE; PROVIDING FOR
REVISIONS TO COUNTY
was published in said newspaper in the issue(s) of
ADMINISTRATION AND
COUNTY ADMINISTRATOR
POWERS AND DUTIES;
C /
O
PROVIDNG FOR REVISIONS
AS IT RELATES TO THE
COUNTY'S
Affiant further says that the Key West Citizen is a newspaper published in
REORGANIZATION;
PROVIDING FOR _
Key West in said Monroe County, Florida and that the said newspaper has
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL
:S ti
f
heretoore been continuou p ublished in said Monroe Count Florida
Y P �� ev e ry
ORDINANCES
day, and has been entered as second -class mail matter at the office in Key
INCONSISTENT HEREWITH;
PROVIDING FOR
post
; ES West, in said Monroe County, Florida, for a period of 1 year next preceding
INCORPORATION INTO THE
the first ublication of the attached co of advertisement- and affiant further
p cop
MONROE COUNTY CODE OF
ORDINANCES; AND
says that he has neither nor p sed any per , l rm or c oration any
PROVIDING FOR AN
EFFECTIVE DATE.
d1SCOUnt r
, ebate, c0 lsslon Or re fun f a purpose of se uring this
advertisement for blication in the said spaper.
Pursuant to Section 286.0105
Florida Statutes, notice is given
that if a person decides to
appeal any decision made by
the Board with respect to any
matter considered at such
hearings or meetings, he will
Signature of Affiant
need a record of the
proceedings, and that, for such
purpose, he may need to
ensure that a verbatim record of
Sworn before
the proceedings is made, which
and subscribed me this t- d ay of S 2015
Y p ,
record includes the testimony
and evidence upon which the
appeal is to be based.
:om � DAWN KAWZINSKV
Notary Public: NOTARY PUBLIC
ADA ASSISTANCE: If you are
a person with a disability who
STATE OF FLORIDA
needs special accommodations
Comm# EE157233
in order to participate in this
yC9 Expires 1/4/2016
proceeding, please contact the
County Administrator's Office,
by phoning (305) 292 -4441,
between the hours of 8:30 a.m.
- 5:00 p.m., no later than five (5)
Dawn Kawzinsky
calendar days prior to the
Expires: 1/4/16 Notary Seal
scheduled meeting; if you are
hearing or voice impaired, call
711 ".
Dated at Key West, Florida this
Personally Known x Produced Identification
16th day of September, 2015.
AMY HEAVILIN,
Type of Identification Produced
Clerk of the Circuit Court
and ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
September 23, 2015
Key West Citizen
FLORIDA DEPARTMENT Of STAT
RICK SCOTT
Governor
November 3, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 024 -2015, which was filed in this office on November 3,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.tl.us