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Ordinance 025-2015ORDINANCE NO. 025 - 2015 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING MONROE COUNTY CODE SECTIONS 1 -2; 2- 179(a)(2); 2- 347(1)(4); 2- 349(d); 4- 3(2); 6- 55(c)(22); and 122- 6(b)(c) and (d) TO REFLECT THE CHANGE IN NOMENCLATURE CONTAINED IN THE COUNTY'S NEW TABLE OF ORGANIZATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 9, 2015 the County Administrator modified the organizational and managerial structure of the County to reflect not only changes in titles and positions but also in the organizational and managerial structure of the County in a new Table of Organization; and WHEREAS, on July 15, 2015 the Monroe County Board of County Commissioners passed Resolution 181-2015, which approved the new Table of Organization; and, WHEREAS, as a result of the Board's adoption and approval of the new Table of Organization, certain sections of the Monroe County Code need to be amended to reflect the nomenclature utilized in the new Table of Organization; and, WHEREAS, the specific term "Division Director" appears in the Monroe County Code in Sections: 2- 179(a) (2); 2- 347(1) (4); 2- 349(d); 4 -3(2); 6 -55(c) (22); and 122 -6(d); and WHEREAS, the specific term "director" appears numerous times throughout the Monroe County Code including the land development code and this term may change from time to time; and, WHEREAS, this Ordinance will add definitions and amend specific sections to reflect titles and positions in the Table of Organization; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA as follows: Section 1: Section 1 -2 - Rules of construction and definitions. is hereby amended to add the following additional language to this section: Assistant County Administrator. The term "assistant county administrator" shall mean a County employee who has been selected by the County Administrator and confirmed by the Board as the person responsible for the oversight and supervision of multiple County departments and department heads and authorized to exercise such authority as delegated by the County Administrator. County Administrator. The term "county administrator" shall mean the individual appointed by the Board to be the administrative head of the County and shall be responsible for the administration of all departments of County government over which the Board has authority to control except for the County Attorney's Office and the Monroe County Comprehensive Land Authority. Department. The term "department" means a distinct sub -unit of County government created by the Board which falls under the general supervision of the County Administrator and /or Assistant County Administrator, as well as the direct supervision of a department head confirmed by the Board. Department Head. The term "department head" means the County employee who has been selected by the County Administrator and confirmed by the Board as the person responsible for the operations of a County department and supervision of all employees within that department. The term department head applies to all employees selected by the County Administrator and confirmed by the Board as the employee responsible for the operations of a County department regardless of that employee's actual title. Section 2: Section 2 -179 (a) (2) - Duties of the county attorney. is hereby amended to read as follows: (a)The County Attorney shall represent the Board as the Board's County attorney, and either personally or through one or more assistant County attorneys or selected outside counsel: (2) Provide legal advice concerning County business to the County Administrator, any Assistant County Administrator, and department heads when requested or when the County Attorney deems it advisable to do so, provided legal advice shall be furnished according to such procedures the County Attorney may deem necessary to ensure the consistency and quality of advice provided; 2 Section 3: Section 2 -347 (1) (4) - Competitive bidding procedures. is hereby amended to read as follows: (4) The person suspended by the administrative officer may request a hearing de novo by filing a request for a hearing with the County Administrator's office within ten days after his receipt of the administrative officer's suspension. The County Administrator must schedule a hearing before the vendor committee within 21 days of the County Administrator's receipt of the request. The vendor committee consists o£ the County Administrator, a County commissioner appointed by the Board of County Commissioners; the County Attorney; another employee selected by the County Administrator whose department has infrequent or no business dealings with the suspended person; and, if the person was suspended by the OMB director, the County engineer; if the person was suspended by the County engineer, the OMB director. All vendor committee hearings are public hearings (meetings) under F.S. § 286.011. Published notice of a vendor committee hearing must be five days or more in advance of such hearing, excluding the date of publication and the date of the hearing. The hearing must be informally conducted. At the hearing, the suspended person and the administrative officer may offer such evidence as each deems necessary to support each party's respective position, although the vendor committee may exclude immaterial, irrelevant or repetitious evidence. All other evidence of a type commonly relied on by reasonably prudent persons in the conduct of their affairs may be entertained. The vendor committee must, in writing, affirm, vacate, or modify the administrative officer's suspension within ten days after the conclusion of the hearing. The vendor committee's decision is the final administrative action of the county. Section 4: Section 2 -349 (d) - Local preference in bidding. is hereby amended to read as follows: (d) Waiver provision. The application of local preference to a particular purchase, contract or category of contracts for which the Monroe County Board of County Commissioners is the awarding authority may be waived upon written recommendation of the County Administrator and approval of the Monroe County Board of County Commissioners at the time of the award. The application of local preference to a particular purchase, contract, or category of contracts below the award authority of the Monroe County Board of County Commissioners may be waived upon written recommendation of the affected department head and approval of the County Administrator. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services or professional services sought to be purchased by the County. Section 5: Section 4 -3(2) - Legislative findings and intent. is hereby amended to read as follows: (2)The Board of County Commissioners finds that the authority endowed upon the County Administrator to reassign and reallocate job functions may result in changes in the department head assigned responsibility by the county administrator for oversight of the animal control functions. 3 Section 6: Section 6 -55 (c)(22) - Building department. is hereby amended to read as follows: (22) To provide the Board of County Commissioners and the Planning Commission with reports and recommendations with respect to matters before such bodies, as directed by the Board of County Commissioners, Planning Director, County Administrator or an Assistant County Administrator. Section 7: Section 122 -6 (b)(c) and (d) - Required inspections of residential structures. is hereby amended to read as follows: (b) Inspections. The inspection required under this section may be conducted either by an inspector from the Building Department or by an inspector approved by the Building Department. Fees for inspections conducted by the Building Department shall be in accordance with the schedule established by resolution of the Board of County Commissioners for inspections conducted under the County's flood insurance inspection and compliance program. (c) Inspection procedures and forms. All inspections required under this section shall be conducted in accordance with procedures and recorded on County forms approved by the Building Department. (d) Private inspectors' approval. Non - County inspectors from an approved list maintained by the Building Department may be retained by property owners to complete the inspections required by this section. These inspectors shall be approved by the Building Official and shall be required to take an inspection training session conducted by the Building Department to ensure all inspectors fully understand county inspection and reporting requirements. All inspections conducted and inspection reports prepared by non - County inspectors are subject to review by the Building Department. Inspection reports that are found to be incomplete, inaccurate, or contain errors and omissions, may result in the inspector being removed from the approved list of inspectors by the Building Official. Section 8. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 9. Conflictin! Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or county law, rule code or regulation, the more restrictive shall apply. rd Section 10. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an amendment thereto. Section 11. Filing. This Ordinance shall be filed with the Department of State and shall be effective as provided in Chapter 125.66(2) Florida Statutes. Section 12. Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting of said board held on the 21st of October , 2015. Mayor Danny L. Kolhage Yes Mayor Pro Tem Heather Carruthers Yes Commissioner George Neugent Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: t ayo anny L. Kolhage ERK ATTORNEY D 5 FLORIDA KEY KEVIN40TER Ad #1981232 NOTICE OF INTENTION TO Published Twice Weekly CONSIDER ADOPTION OF COUNTY ORDINANCE Marathon, Monroe County, Florida NOTICE IS HEREBY GIVEN TO WHOM IT MAY CON- PROOF OF PUBLICATION CERN that on October 21, 2015 at 3:00 P.M., or as soon thereafter as may be heard, in the Commission Cham- STATE OF FLORIDA bers located in the Marathon Government Center, COUNTY OF MONROE 2798 Overseas Highway, Before the undersigned authority personally Marathon, Monroe County, Florida, the Board of County appeared RICHARD TAMBORRINO who on Commissioners of Monroe oath, says that he is PUBLISHER of the County, Florida, intends to consider the adoption of the FLORIDA KEYS KEYNOTER, a twice weekly following County ordinance: newspaper published in Marathon, in Monroe County, Florida: that the attached copy of AN ORDINANCE OF THE BOARD OF COUNTY COM- advertisement was published In said MISSIONERS OF MONROE newspaper in the issues of: (date(s) of COUNTY AMENDING MON- publication) ROE COUNTY CODE SEC - TIONS 2 -179 (a)(2); 2- ��� v �/ 347(1)2); 4 -3(2); 6- 55(c)(22)22) and 1; and 122 -6(d) TO ✓ REFLECT THE CHANGE IN NOMENCLATURE CON- TAINED IN THE COUNTY'S NEW TABLE OF ORGANIZA- TION; PROVIDING FOR Affiant further says that the said FLORIDA SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL KEYS KEYNOTER is a newspaper published at ORDINANCES INCONSIS- Marathon, in said Monroe County, Florida, and TENT HEREWITH; PROVID- that the said newspaper has heretofore been ING FOR INCORPORATION INTO THE MONROE COUN- continuously published in said Monroe County, TY CODE PROVIDING FOR Florida, twice each week (on Wednesday and FILING WITH THE DEPART- Saturday) and has been entered as a second MENT OF STATE; AND PRO - VIDING AN EFFECTIVE class mail matter at the post office in DATE. Marathon, in Monroe County, Florida, for a period of one year next preceding the first Pursuant to Section 286.0105, Florida Statutes, notice is giv- publication of the attached copy of en that if a person decides to advertisement. The affiant further says that appeal any decision made by he has neither paid nor promised any person, the Board with respect to any matter considered at such firm, or corporation any discount, rebate, hearings or meetings, he will commission or refund for the purpose of need a record of the proceed - ings and that, for such pur- securing this advertisement for publication in pose, he may need to ensure the said newspaper(s) and that The Florida that a verbatim record of the Keys Keynoter is in full compliance with proceedings is made, which record includes the testimony Chapter 50 of the Florida State Statutes on and evidence upon which the Legal fficia - Advertisements. appeal is to be based. j' ADA ASSISTANCE: If you are a person with a disability who needs special accom- modations in order to partici- Ric and Tarkborrino, Publish r pate in this proceeding, please contact the County Administrator's Office, by Sworn to and subscribed before me this phoning (305) 292 -4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days Day of �� 20 prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ". Dated at Key West, Florida, N otary this 16th day of September, (SEAL) 2015. AMY HEAVILIN, Clerk of the ;:NY Py''• BEVERLY TRAEGER Circuit Court and ex officio MY COMMISSION Y FF 108704 Clerk of the Board of County EXPIRES: April 18, 2018 Commissioners of Monroe k odd ° Bonded Thru Notary Public Underwriters County, Florida Published September 23, 2015 Florida Keys Keynoter Ad# 1981234 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) Ovv / 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 ts. 1 2�� Richard Tam orrino, Publisher Sworn to and subscribed before me this 7 Day of.Jtli ' 2015 F 2 WAIEZW�= Notary 71;7 tl BEVERLY TRAEGER PAY 0O&WISSION # FF 108704 44a EXPIRES: April 18, 2018 5 k �',q�, Bonded Tnru Nolary Public Underwriters 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 Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COM- MISSIONERS OF MONROE COUNTY AMENDING MON- ROE COUNTY CODE SEC- TIONS 2 -179 (a)(2); 2- 347(1)(4); 2- 349(d); 4 -3(2); 6- 55(c)(22); and 122 -6(d) TO REFLECT THE CHANGE IN NOMENCLATURE CON- TAINED IN THE COUNTY's NEW TABLE OF ORGANIZA- TION; PR OVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSIS- TENT HEREWITH; PROVID- ING FOR INCORPORATION INTO THE MONROE COUN- TY CODE; PROVIDING FOR FILING WITH THE DEPART- MENT OF STATE; AND PRO- VIDING 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 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 Taverni FL 33070 NOTICE OF INTENTION TO CONSIDER ADOPTION OF . COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN Board of County that on October 21, 2015 at KEY ®WEST 3:00 P.M., or as soon )41 2_7777 thereafter as may be heard, in consider the adoption of the the Commission Chambers yNewspaper, Est. 7876 located in the Marathon , ations, LLC Government Center, 2798 STATE OF FLORIDA COUNTY OF MONROE Overseas Highway, Marathon, Monroe County, Florida, the Before the undersigned authority personally appeared Tommy Todd , who on Board of County oath says that he is Advertising Director of the Key West Citizen, a daily Commissioners of Monroe County, Florida, intends to )41 2_7777 newspaper published in Key West, in Monroe County, Florida; that the consider the adoption of the 9 attached copy of advertisement, being a legal notice in the matter of following County ordinance: AN ORDINANCE OF THE i -8025 1 NS,CO�It U C VQ n - 4 v njo,-� BOARD OF COUNTY Q �� /"`��� II' COMMISSIONERS OF � MONROE COUNTY AMENDING MONROE iING O P4 1v `` � e - A M uu C d e S e A oN COUNTY CODE SECTIONS 2- 179 (a)(2); 2- 347(1)(4); 2- 3 49(d) ; 4 -3(2); 6- 55(c and 122 -6(d) TO REFLECT THE T was p ublished in said newspaper in the issues p issue( s) of CHANGE IN NOMENCLATURE s CONTAINED IN THEM `- V COUNTY'S NEW TABLE OF ORGANIZATION; PROVIDING FOR SEVERABILITY ass Affiant further says that the Key West Citizen is a newspaper published in PROVIDING FOR THE REPEAL OF ALL Ke y n said Monroe Count West, in M C Florida and that the said newspaper has ORDINANCES CES heretofore been continuously published in said Monroe County, Florida every INCONSISTENT HEREWITH; PROVIDING FOR day, and has been entered as second -class mail matter at the post office in Key INCORPORATION INTO THE MONROE COUNTY CODE; 'ICES W est, in said Monroe Cou nty, Florida, for a period of 1 year next preceding PROVIDING FOR FILING ity the first publication of the attached copy of advertisement; and affiant further WITH THE DEPARTMENT OF STATE; AND PROVIDING AN says that he has neith aid nor mised erson, i or corporation any EFFECTIVE DATE. discount rebate, mm isslon or r for the purpose f securing this Pursuant to Section 286.0105, advertisement for ublication in th ai newspaper. 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 the proceedings is made which Sworn and subscribed before me this day of September, 2015 record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: If you s.com y DAWN KAWZINSKY are a person with a disability NOTARY PUBLIC Notary Public: , who needs special °° z STATE OF FLORIDA accommodations in order to • Comm# EE157233 participate in this proceeding, p ��E 19ilb Expires 1/4/2016 please contact the County J 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 scheduled meeting; if you are Expires: 1/4/16 Notary Seal hearing or voice impaired, call 711 ". Dated at Key West, Florida, this 16th day of September 2015. Personally Known x Produced Identification AMY HEAVILIN Ty of Identification Produced yp Clerk of the Circuit Court and ex officio Clerk of the Board of County September 23, 2015 Key West Citizen October 28, 2015 Mr. Ernest L. Reddick, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Dear Mr. Reddick, Enclosed please find a certified copy of Ordinance No. 025 -2015 A public hearing to adopt an ordinance amending the Monroe County Code to reflect changes in nomenclature as a result of the Table of Organization that was approved by the Board on July 15, 2015 and to provide definitions. REVISED BACK -UP: Added standard language clarifying amendments to each section. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on October 21, 2015. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Amy Heavilin, CPA, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners by: Cheryl Robertson, D.C. cc: County Attorney via e -mail Growth Management via e-mail County Administrator via e-mail BOCC via e-mail MuniCode via e-mail File t8 a• FLORIDA DEPARTMENT O f ST ATE RICK SCOTT Governor November 12, 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. 025 -2015, which was filed in this office on November 10, 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.fl.us