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Item P1M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: P.1 Agenda Item Summary #2901 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Will Thompson (305) 292 -4432 3:00 PM PUBLIC HEARING AGENDA ITEM WORDING: A Public Hearing to consider adoption of an Ordinance amending Sections 21 -46, 21 -71, 21 -72 and 21 -75 of the Monroe County Code providing definitions; providing for rules, regulations and licensing requirements and fees for specialty haulers and transfer stations pursuant to the solid waste specialty hauler program. ITEM BACKGROUND: This proposed ordinance incorporates direction from the Board and suggestions from specialty haulers at previous meetings. In previous discussions the BOCC directed staff to consult with the specialty haulers and recommend revisions to the program which would secure a revenue stream equal to what the program should be receiving while eliminating the enforcement problems inherent in the self - reporting system currently in effect. Staff has reviewed options to eliminate the reporting requirement while maintaining the revenue stream. Several options were presented for BOCC consideration. After the discussion, this ordinance modifies various sections of Chapter 21 of the Monroe County code to implement the options selected. At the BOCC meeting on January 18, 2017 the BOCC gave direction on options presented. The objective is to implement the revised program for FY18 effective October 1, 2017. This agenda item was tabled from the April 12 2017 public hearing. At the April 12 meeting, Staff gave an update that additional changes were being made after consulting with a specialty hauler on requested changes. Staff also advised that the anti - scavenger provisions were being removed from consideration after prior input from the Board and the public. Public comment was taken from one public speaker. A question was raised as to whether the County's Franchisees could be exempted from the requirements of the specialty hauler provisions, specifically the $1500.00 license fee. In response to this question attached is a memorandum on equal protection considerations should the Board wish to consider the request from two of the Franchisees. PREVIOUS RELEVANT BOCC ACTION: At the October 19, 2016 meeting, BOCC directed staff to work with the specialty haulers to develop a revised program to eliminate the "honor system reporting while ensuring the new system captured the revenue stream that was intended by the existing system. At the January 18, 2017 meeting, the BOCC gave direction on options presented. At its meeting on March 15, 2017, the BOCC approved advertising a public hearing to be held at the regularly scheduled BOCC meeting on April 12, 2017 in Marathon, FL at 3 PM, or as soon thereafter as may be heard, to consider adoption of this proposed ordinance. At least one commissioner voiced concerns about the anti - scavenger language in the ordinance which would prevent homeowners from placing items curbside for pick up by those who may be able to use or may need the items and therefore an alternative version of the ordinance was drafted and is attached for consideration. BOCC 4/12/17 (N5): At the request of staff, the Board continued the public hearing to the May 17, 2017 meeting in Key West, FL. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends approval of Ordinance. DOCUMENTATION: Summary of Revisions to Specialty Hauler Ordinance 5 17 17 Draft Ordinance Revising Specialty Hauler program 5 17 17 (without anti - scavenger clause) Draft Ordinance Revising Specialty Hauler program for 5 17 17 (without anti - scavenger clause) CLEAN Equal Protection memo Fees memo for May 2017 FINANCIAL IMPACT: Effective Date: 10/1/2017 Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A I to] XTI i X1III i" Will Thompson Completed 04/20/2017 10:53 AM Kevin Wilson Completed 04/25/2017 2:03 PM Christine Limbert Completed 04/26/2017 1:18 PM Bob Shillinger Completed 05/02/2017 2:02 PM Budget and Finance Completed 05/02/2017 2:33 PM Maria Slavik Completed 05/02/2017 2:36 PM Kathy Peters Completed 05/02/2017 4:15 PM Board of County Commissioners Pending 05/17/2017 9:00 AM Summary of Proposed Changes to Specialty Hauler Ordinance Section 1 of the proposed revision revises Collector, Endorsement, and Specialty Hauler definitions in Section 21 -46 and create definition of Transfer Station • This change clears up some terminology confusion in that the term collector was used in different places in the ordinance to refer to franchisees and specialty haulers in different places. The changes draw distinction between Specialty Haulers and our Franchisees /Collectors, some Collectors do not want to engage in the Specialty Hauler business and thus specialty haulers will be licensed under the provisions of the code. • Collector is now defined to only be our contracted Franchisee /collectors, i.e. WM, Marathon Garbage, Keys Sanitary, and Ocean Reef Community Association. • Endorsement is now defined to exclude "collector ". The term collector now refers exclusively to Franchisees who may also choose to be Specialty Haulers. o Specialty Hauler is now defined as persons who are licensed under the provisions of the CL code. • Transfer Station is now defined term as they will be licensed and imposed fee under the Revised 04 Specialty Hauler Program Section 2 removes language under Section 21 -71(e) that requires the franchised haulers to also be licensed as specialty haulers •''''' As noted above, Section 21 -71(e) currently requires that our franchisee /collectors must be licensed as a specialty hauler. There is no commercial reason to require that our franchised collectors be licensed as specialty haulers. This does not preclude the franchised collectors from being licensed as specialty haulers. At the April 12,'2017 B'OCC meeting, it was brought to staff's attention that some of the Franchisees do not want to pay the specialty hauler license fee and wish to be exempted as the County's' franchisees. (Please see attached legal memo on equal protection considerations should the 'Board 'wish to exempt the Franchisees) o Removes language that no collection agreement may be granted to any collector until such collector is licensed under the provisions of section 21 -72. Section 4 revises language under Section 21 -72 to Add licensing of transfer stations, provided, exemption for existing municipal disposal facilities which currently only includes the City of Key West transfer station in Rockland Key. Also add language to clarify that it applies to transfer', stations that store materials collected by specialty haulers. Add language to clarify that specialty hauler regulations apply to person collecting and transporting certain materials, covered by a specialty hauler license,. • Limits number of specialty hauler licenses to 24 • Removes the requirement that 10% surcharge on gross receipts be paid by specialty haulers to the County and removed requirement that financial records must be provided to verify compliance. • This provision has been on a self- reporting (aka "honor system ") basis which has been nearly impossible to enforce. Solid waste staff has recommended that the specialty hauler program can be sustained by application of a revised license fee structure. • Remove requirement that specialty hauler exiting the county with loaded equipment must keep record of certain information. This information was only required for the 10% surcharge which is now being removed. • Adds that transfer stations in the Unit (jurisdiction serviced by the County or its agents, except for the existing municipal facility, i.e. the City of Key West Transfer Station operated in Rockland Key) must be licensed and pay an annual fee as adopted by the Board by resolution. • Adds language that allows for a one -time short term (per project) license and fee for construction waste removal (see also added under Sec. 21- 75(a)(1)) to allow for developments in which a developer has a proprietary "team" which constructs its projects. • Revises language to provide for license to be issued by the Solid Waste Department, not the county administrator. CD • Removes language that requires for applicant to provide sworn affidavit that all solid waste cI! collected shall be disposed of at solid waste disposal facility. All franchised collectors are required by contract to disposed at the County's transfer station and the specialty haulers are required by Florida Department of Environmental Protection to dispose at a FDEP licensed El facility. • Removes the word "collector" in several places in this section, since collector is used to refer to a franchised collector as differentiated from a specialty hauler who must be separately licensed as a specialty hauler • Removes interlocking directorships provision and certification of compliance of directorships • Removes specific fees as the Solid Waste Department intends for these fees to be adopted each year by resolution of the Board as part of the budget process and to ensure that funding is adequate and necessary for the specialty hauler program. Section 5 revises language under Section 21 -75 • To add the provision that a contractor may use a specialty hauler who has obtained a one time, project specific specialty hauler license. Effective Date of the revised requirement will be October 1, 2017 2 Marked -Up version without Anti - Scavenger provisions ORDINANCE -2017 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 21-46,21-71,21-72, and 21 -75 OF THE MONROE COUNTY CODE; PROVIDING REVISED DEFINITIONS; PROVIDING FOR RULES, REGULATIONS, AND LICENSE REQUIREMENTS AND FEES FOR SPECIALTY HAULERS AND TRANSFER STATIONS; PROVIDING FOR RULES AND REGULATIONS RELATING TO COLLECTION AND DISPOSAL OF SPECIAL SOLID WASTE;PROVIDING FOR FINES FOR NONCOMPLIANCE; 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, The County has a Specialty Hauler Program (Program) in which regulates the collection and processing of certain special solid waste in Monroe County; and WHEREAS, in an effort to improve the Program and effectiveness of the rules and regulations relating to the collection and disposal of special solid waste, the County seeks to enact this ordinance; and WHEREAS, §125.01(1)(k), §403.413, and § 403.706 Florida Statutes, authorizes the County to enact such an ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1 : Sec. 21 -46. — Definitions shall be amended to revise the definitions for Collector Endorsement, and Specialty Hauler as follows and to add the term Transfer Station: Collector means those persons who are 4reensed under the p rov i s i on s efseetion 2 7 and who are franchised to provide residential and /or commercial collection services pursuant to a collection agreement. Endorsement means an amendment or addition to the specialty hauler's license that will allow ^a'�r4 specialty hauler to pick up additional materials. Specialty hauler means those persons who are licensed under the provisions of section 21 -72 and —who provide for the collections of the following materials as defined in this article; commercial recycling, commercial white goods, construction and demolition debris, e- waste, 0 0. Page 1 Marked -Up version without Anti - Scavenger provisions metal, and sludge, however it does not include private individuals transporting or disposing of TM their personal property. Transfer Station means a facility the primary purpose of which is to store material collected by specialty haulers .'i eld se ll waste for transport to a processin og r disposal facility. � ,, 0- SECTION 2: Sec. 21 -71(e) shall be deleted in its entirety and subsection (f) shall be renumbered as (e) as set forth below: CD (e) 'T W pit Q Ua (f) There are hereby established the Monroe County Solid Waste Collection Service Areas No. 1 through No. 7, inclusive. The boundaries of each service area shall be defined by resolution of the board. Each service area shall be included in a collection agreement granted to a collector under the provisions of this article. SECTION 3: Sec. 21 -72. shall be amended to read as follows: Regulation of Specialty Haulers and Transfer Stations ee'�r-s (a) Any per-sons that pr-avide ealleetion seFviees within the unit shall obtain a lieense, as Any person collecting or transporting commercial recycling, commercial' white' goods, construction and demolition' debris, e- waste, metal, and sludge any -speed s waste shall be required to obtain a license prior to collection of such waste and shall comply with all provisions of this section; provided, however, that the applicant for a building permit that has elected to collect and dispose of construction waste or has obtained a one -time short-term license, which is only valid for one specific construction project and location, and paid the fee to collect and dispose of construction waste pursuant to section 21- 75 shall be exempt from the requirement of obtaining a license. Each "°e*er and specialty hauler shall be required to obtain a license annually No more than Twenty -four 24) annual licenses will be issued by the Monroe County Solid Waste Department. The standards for obtaining a license shall be as follows: (1) Any individual who desires to obtain a license from the county shall be at least 18 years old. A partnership, corporation or other business entity that desires to obtain a license must currently be in good standing with the Florida Department of State, Division of Corporations. (2) No license shall be issued to any person who has failed to file a sworn statement under F.S. § 287.133(3)(a) on public entity crimes or who is disbarred from contracting with the county pursuant to F. S. § 287.133. (3) The applicant shall provide evidence that he has obtained all permits and licenses required by law or ordinance in order to provide residential or commercial collection services or special waste collection, and shall maintain the same in full force and effect. Page 2 Marked -Up version without Anti - Scavenger provisions (4) The applicant shall provide a list of vehicles by size and type, including the vehicle 2 0 identification number that will be used to provide the collection services, or special solid waste collection. The applicant shall notify the county of any changes in equipment within 14 days. The county shall have the right to inspect such vehicles at - any time. (5) The applicant must sign a sworn affidavit that all selid waste eelleeted shall be disp 4at the solid waste disposal f4eility, e�Eeept as athe ted tinder- subseetion (e) CD efo� eetien erseetien 21 :70, and tha+ the applicant will comply with all standards and provisions of this article. (6) All applicants for a license must demonstrate that they are financially responsible. The applicant shall provide a sworn statement to the county that he has: a. No unsatisfied judgments against him resulting from the collection or disposal of any domestic solid waste or special solid waste as defined in this article; and b. No liens of record by the Internal Revenue Service or the corporate tax division of the state against any business or any organization he is qualifying. (7) Each applicant shall agree to indemnify the county from any loss that may result from the failure of the applicant to perform his responsibilities. (8) The applicant shall furnish proof of comprehensive liability insurance in an amount deemed adequate by the board, but not less than $100,000.00 per person bodily injury, $300,000.00 per occurrence, and $50,000.00 property damage per occurrence. Each holder of a license shall furnish evidence of the above - described insurance prior to having his license renewed each year. (9) Prior to the issuance of a license, every applicant shall show proof that the requirements of the Workers' Compensation Law of the state have been met. Each holder of a license shall furnish evidence that the requirements of the Workers Compensation Law of the state have been complied with prior to having his license renewed each year. (b) The application for license shall be filed with the Solid Waste Department eatiaty ,,,a finis+ +&r and shall be accompanied by a nonrefundable fee in an amount that shall be established by the board by resolution. (c) The term of the license shall be from October 1 to September 30 each year. Prior to the expiration of the license, the eanor specialty hauler may renew the license by filing an affidavit with the Solid Waste Department indicating continued compliance with the requirements of subsection (a) of this section, along with such fees as may be established by the board by resolution. Prior to renewal of a license, a eeper li eeneettenserviees a a specialty hauler shall provide to the county such information as may be required by the county or by state statutes, including, but not limited to, the rates charged and the number of customers serviced. (d) A license shall be conditioned upon the eel eet of specialty hauler's complying with the following additional requirements: (1) Assignment of license. The eell2ccvrer specialty hauler shall not assign the license to any person. A transfer during the term of a license of more than 25 percent of the issued Page 3 Marked -Up version without Anti - Scavenger provisions or outstanding stock of the eeper specialty hauler or of any corporation that holds 2 0 more than 50 percent of issued and outstanding stock of the eeper specialty hauler CO shall constitute an assignment for the purposes of this section. Likewise, during the term of a license, any transfer of the voting rights attendant to 25 percent or more of the issued or outstanding stock of the eager specialty hauler or of any corporation that holds more than 50 percent of issued and outstanding stock of the eeper specialty CD hauler shall constitute an assignment for the purposes of this section. CD ( 0 Af;his et All equipment used by specialty haulers in the collection and transportation of special solid waste must be clearly identified with the name of the specialty hauler der his /her telephone number and license number in lettering greater than four inches. (�The specialty hauler eelleete must apply to the county for a nonrefundable special solid waste license. The app ,.atio,, fee is $250 . 00 . The amount of the initial license fee is $ ' ro � .00 and each annual renewal fee is as adopted by Resolution of the Board of County Commissioners 0. The fee for- an additional ealleetion eader-semeat an the lieense is $750.00 and will flew f r- ee l l eetien ,.f ,,dditiena ma+er- als. The county may pro rate the fee for the initial licenses only. The fee for a one -time project specific short-term license fee for collection and disposal of construction waste is as adopted by Resolution of the Board of County Commissioners-$4-,040-40 Page 4 -- -- -- - - -- - -- - - - - - -- - -- - - - - -- OW Page 4 Marked -Up version without Anti - Scavenger provisions The 2 0 specialty hauler eel leete must purchase from the county a county decal /sticker for each vehicle used in the collection of special solid waste material. Each decal /sticker rests L _ $250 . 00 an is valid from October 1 to September 30. The decal /sticker assign to each 0 vehicle may not be transferred or sold. The decal /sticker must clearly show the date of purchase and be displayed /affixed on the front windshield on the passenger side of the vehicle. In addition to displaying the decal /sticker, the specialty hauler der shall CD also keep a copy of the license in the vehicle and shall present a copy upon request. T (5) Special solid waste material must be sufficiently covered or contained to prevent the release of the material while in transit. (6) All special solid waste material must be disposed of at a solid waste facility permitted for such material by the Florida Department of Environmental Protection. ( waste material shall keep r-eeer-d ef the fellewing infeRiiafien and shall pr-&vide fallowing i to the eati fity u pen esti e a. The eempany name, address, and telephene ; b. The ; d. Thevehicle atiffibef-, T The building p 2fm it atiffibor l wabl e); g. The sef-viee addr-ess/leea+ien h The disposal site (if} E n 2fi� ° crj F ��er�ee- tiek�e� The ea st o f � e e than tr-afisfer- basis, deliver- other- a eatifit-y awfied station shall, an a meathly s afftee of solid waste management. (37)A specialty hauler eel leete licensed under this subsection, shall not collect any residential or commercial solid waste without first obtaining a franchise therefore. A specialty hauler "e is only authorized to collect special solid waste the fellewing v,,. is for which a license or endorsement has been obtained from the county; ___ _____ .._____ a­­ -__- �____�____�__ �_�__.., waste, fnetal and sludge (4-9 county administrator or designee is authorized to suspend or revoke the license of a specialty hauler der when the administrator or designee determines that the specialty hauler "e has violated a provision of this section. Before suspending or revoking the license, the administrator or designee must afford the specialty hauler Page 5 Marked -Up version without Anti - Scavenger provisions eelleet an opportunity to offer such evidence as the specialty hauler der- deems 2 necessary to support his position, although the administrator ADMP4STRATO or designee is not bound to consider, and may reject, evidence that is cumulative, slanderous, or irrelevant. The administrator or designee's decision on a suspension or revocation must be in writing and state the reasons therefore. The decision is the final administrative action of the county. This subsection (e)(10), is cumulative to all other lawful remedies and procedures available to the County for the enforcement of its CD ordinances, including, but not limited to: prosecution as a second degree misdemeanor; issuance of citations to appear in county court; prosecution before the county code — enforcement board or special magistrate; and suits for injunctive relief. P&4 ( €e) Persons who provide lawn care or lawn maintenance for improved property and who transport the horticulture trash from such property shall be exempt from the provisions of this section, provided that all horticulture trash that is transported from the property shall be disposed of at the solid waste disposal facility. (g Transfer Stations operating in the Unit except for existing municipal dis osal facilties'' must pay an annual fee as adopted by Resolution of the Board of County Commissioners. The annual fee may be paid in four (4) equal installments on a quarterly basis to the Solid Waste Department. SECTION 4: Sec. 21- 75(a)(1) Construction waste shall be amended as follows: (a) Prior to the issuance of a building permit for the construction or renovation of any structure, or the demolition of a structure or land clearing; the applicant shall provide for the collection and disposal of any construction, demolition of a structure or land clearing debris, waste that may result from the construction. In order to obtain a building permit for the construction of any structure, the applicant shall indicate in writing on forms provided by the county which of the following methods of collection and disposal shall be used: (1) The applicant will contract with a specialty hauler, with a construction demolition debris collection license or a person that has obtained a one -time short-term license and paid the fee to Monroe County Solid Waste Department to collect and properly dispose of all construction waste and demolition debris generated at the construction site, and the applicant shall provide the name of the licensed eeper specialty hauler or person that has obtained the one -time project specific short-term license that will be used; or SECTION 5: 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 6: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Page 6 Marked -Up version without Anti - Scavenger provisions SECTION 7: 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 8: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of state and shall be effective October 1, 2017 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 , 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA IM Deputy Clerk IM Mayor /Chairperson 0 0- N Page 7 CLEAN version without Anti - Scavenger provisions ORDINANCE -2017 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 21-46,21-71,21-72, and 21 -75 OF THE MONROE COUNTY CODE; PROVIDING REVISED DEFINITIONS; PROVIDING FOR RULES, REGULATIONS, AND LICENSE REQUIREMENTS AND FEES FOR SPECIALTY HAULERS AND TRANSFER STATIONS; PROVIDING FOR RULES AND REGULATIONS RELATING TO COLLECTION AND DISPOSAL OF SPECIAL SOLID WASTE;PROVIDING FOR FINES FOR NONCOMPLIANCE; 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, The County has a Specialty Hauler Program (Program) in which regulates the collection and processing of certain special solid waste in Monroe County; and WHEREAS, in an effort to improve the Program and effectiveness of the rules and regulations relating to the collection and disposal of special solid waste, the County seeks to enact this ordinance; and WHEREAS, §125.01(1)(k), §403.413, and § 403.706 Florida Statutes, authorizes the County to enact such an ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1 : Sec. 21 -46. — Definitions shall be amended to revise the definitions for Collector Endorsement, and Specialty Hauler as follows and to add the term Transfer Station: Collector means those persons who are franchised to provide residential and /or commercial collection services pursuant to a collection agreement. Endorsement means an amendment or addition to the specialty hauler's license that will allow specialty hauler to pick up additional materials. Specialty hauler means those persons who are licensed under the provisions of section 21 -72 and who provide for the collections of the following materials as defined in this article; commercial recycling, commercial white goods, construction and demolition debris, e- waste, metal, and sludge, however it does not include private individuals transporting or disposing of their personal property. I Page 1 CLEAN version without Anti - Scavenger provisions Transfer Station means a facility the primary purpose of which is to store materials collected by specialty haulers for transport to a processing or disposal facility. T - SECTION 2: Sec. 21 -71(e) shall be deleted in its entirety and subsection (f) shall be renumbered as (e) as set forth below: (e) There are hereby established the Monroe County Solid Waste Collection Service Areas No. 1 through No. 7, inclusive. The boundaries of each service area shall be defined by resolution of the board. Each service area shall be included in a collection agreement granted to a collector under the provisions of this article. SECTION 3: Sec. 21 -72. shall be amended to read as follows: Regulation of Specialty Haulers and Transfer Stations. (a) Any person collecting or transporting commercial recycling, commercial white goods, construction and demolition debris, e- waste, metal, and sludge shall be required to obtain a license prior to collection of such waste and shall comply with all provisions of this section; provided, however, that the applicant for a building permit that has elected to collect and dispose of construction waste or has obtained a one -time short-term license, which is only valid for one specific construction project and location, and paid the fee to collect and dispose of construction waste pursuant to section 21 -75 shall be exempt from the requirement of obtaining a license. Each specialty hauler shall be required to obtain a license annually. No more than Twenty -four (24) annual licenses will be issued by the Monroe County Solid Waste Department. The standards for obtaining a license shall be as follows: (1) Any individual who desires to obtain a license from the county shall be at least 18 years old. A partnership, corporation or other business entity that desires to obtain a license must currently be in good standing with the Florida Department of State, Division of Corporations. (2) No license shall be issued to any person who has failed to file a sworn statement under F.S. § 287.133(3)(a) on public entity crimes or who is disbarred from contracting with the county pursuant to F. S. § 287.133. (3) The applicant shall provide evidence that he has obtained all permits and licenses required by law or ordinance in order to provide residential or commercial collection services or special waste collection, and shall maintain the same in full force and effect. (4) The applicant shall provide a list of vehicles by size and type, including the vehicle identification number that will be used to provide the collection services, or special solid waste collection. The applicant shall notify the county of any changes in equipment within 14 days. The county shall have the right to inspect such vehicles at any time. (5) The applicant must sign a sworn affidavit that the applicant will comply with all standards and provisions of this article. (6) All applicants for a license must demonstrate that they are financially responsible. The applicant shall provide a sworn statement to the county that he has: Page 2 CLEAN version without Anti - Scavenger provisions a. No unsatisfied judgments against him resulting from the collection or disposal of any domestic solid waste or special solid waste as defined in this article; and T - b. No liens of record by the Internal Revenue Service or the corporate tax division of the state against any business or any organization he is qualifying. (7) Each applicant shall agree to indemnify the county from any loss that may result from the failure of the applicant to perform his responsibilities. (8) The applicant shall furnish proof of comprehensive liability insurance in an amount deemed adequate by the board, but not less than $100,000.00 per person bodily injury, $300,000.00 per occurrence, and $50,000.00 property damage per occurrence. Each holder of a license shall furnish evidence of the above - described insurance prior to having his license renewed each year. (9) Prior to the issuance of a license, every applicant shall show proof that the requirements of the Workers' Compensation Law of the state have been met. Each holder of a license shall furnish evidence that the requirements of the Workers Compensation Law of the state have been complied with prior to having his license renewed each year. (b) The application for license shall be filed with the Solid Waste Department and shall be accompanied by a nonrefundable fee in an amount that shall be established by the board by resolution. (c) The term of the license shall be from October 1 to September 30 each year. Prior to the expiration of the license, the specialty hauler may renew the license by filing an affidavit with the Solid Waste Department indicating continued compliance with the requirements of subsection (a) of this section, along with such fees as may be established by the board by resolution. Prior to renewal of a license, a specialty hauler shall provide to the county such information as may be required by the county or by state statutes, including, but not limited to, the rates charged and the number of customers serviced. (d) A license shall be conditioned upon the eel eet er specialty hauler's complying with the following additional requirements: (1) Assignment of license. The specialty hauler shall not assign the license to any person. A transfer during the term of a license of more than 25 percent of the issued or outstanding stock of the specialty hauler or of any corporation that holds more than 50 percent of issued and outstanding stock of the specialty hauler shall constitute an assignment for the purposes of this section. Likewise, during the term of a license, any transfer of the voting rights attendant to 25 percent or more of the issued or outstanding stock of the specialty hauler or of any corporation that holds more than 50 percent of issued and outstanding stock of the specialty hauler shall constitute an assignment for the purposes of this section. (2) All equipment used by specialty haulers in the collection and transportation of special solid waste must be clearly identified with the name of the specialty hauler, his /her telephone number and license number in lettering greater than four inches. (3)The specialty hauler must apply to the county for a nonrefundable special solid waste license. The amount of the initial license fee and each annual renewal fee is as adopted by Resolution of the Board of County Commissioners. The county may pro rate the fee for Page 3 CLEAN version without Anti - Scavenger provisions the initial licenses only. The fee for a one -time project specific short-term license fee for collection and disposal of construction waste is as adopted by Resolution of the Board of County Commissioners. (4) The specialty hauler must purchase from the county a county decal /sticker for each vehicle used in the collection of special solid waste material. Each decal /sticker is valid from October 1 to September 30. The decal /sticker assign to each vehicle may not be transferred or sold. The decal /sticker must clearly show the date of purchase and be displayed /affixed on the front windshield on the passenger side of the vehicle. In addition to displaying the decal /sticker, the specialty hauler shall also keep a copy of the LU license in the vehicle and shall present a copy upon request. (5) Special solid waste material must be sufficiently covered or contained to prevent the release of the material while in transit. (6) All special solid waste material must be disposed of at a solid waste facility permitted for such material by the Florida Department of Environmental Protection. (7) A specialty hauler licensed under this subsection, shall not collect any residential or commercial solid waste without first obtaining a franchise therefore. A specialty hauler is only authorized to collect special solid waste for which a license or endorsement has been obtained from the county. (8) The county administrator or designee is authorized to suspend or revoke the license of a specialty hauler when the administrator or designee determines that the specialty hauler has violated a provision of this section. Before suspending or revoking the license, the administrator or designee must afford the specialty hauler an opportunity to offer such evidence as the specialty hauler deems necessary to support his position, although the administrator or designee is not bound to consider, and may reject, evidence that is cumulative, slanderous, or irrelevant. The administrator or designee's decision on a suspension or revocation must be in writing and state the reasons therefore. The decision is the final administrative action of the county. This subsection (e)(10), is cumulative to all other lawful remedies and procedures available to the County for the enforcement of its ordinances, including, but not limited to: prosecution as a second degree misdemeanor; issuance of citations to appear in county court; prosecution before the county code enforcement board or special magistrate; and suits for injunctive relief. (e) Persons who provide lawn care or lawn maintenance for improved property and who transport the horticulture trash from such property shall be exempt from the provisions of this section, provided that all horticulture trash that is transported from the property shall be disposed of at the solid waste disposal facility. (f) Transfer Stations operating in the Unit, except for existing municipal disposal facilities, must pay an annual fee as adopted by Resolution of the Board of County Commissioners. The annual fee may be paid in four (4) equal installments on a quarterly basis to the Solid Waste Department. SECTION 4: Sec. 21- 75(a)(1) Construction waste shall be amended as follows: (a) Prior to the issuance of a building permit for the construction or renovation of any structure, or the demolition of a structure or land clearing; the applicant shall provide for the collection Page 4 CLEAN version without Anti - Scavenger provisions and disposal of any construction, demolition of a structure or land clearing debris, waste that may result from the construction. In order to obtain a building permit for the construction of any structure, the applicant shall indicate in writing on forms provided by the county which of the following methods of collection and disposal shall be used: (1) The applicant will contract with a specialty hauler, with a construction demolition debris collection license or a person that has obtained a one -time short-term license and paid the fee to Monroe County Solid Waste Department, to collect and properly dispose of all construction waste and demolition debris generated at the construction site, and the applicant shall provide the name of the licensed specialty hauler or person that has obtained the one -time project specific short-term license that will be used; or SECTION 5: 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 6: 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 7: 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 8: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of state and shall be effective October 1, 2017 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 , 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA IM Deputy Clerk IM Mayor /Chairperson I Page 5 County of Monroe The Florida Keys Robert B. Shillinger, County Attorney" Pedro J. Mercado, Assistant County Attorney ** Cynthia L. Hall, Assistant County Attorney ** Christine Limbert- Barrows, Assistant County Attorney ** Derek V. Howard, Assistant County Attorney ** Steven T. Williams, Assistant County Attorney ** Peter H. Morris, Assistant County Attorney Patricia Eables, Assistant County Attorney Chris Ambrosio, Assistant County Attorney ** Board Certified in City, County & Local Govt. Law To: Board of County Commissioners off'? cQ. From : Robert Shillinger, County Attorney BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 Office of the County Attorney 111112' h Street, Suite 408 Key West, FL 33040 (305) 292 -3470 — Phone (305) 292 -3516 — Fax Through: Christine Limb ert-B arrows, Assistant County Attorney CC: Kevin Wilson, Assistant County Administrator and Will Thompson, Solid Waste Director It has come to staff s attention that two of our Franchisees have asked to be exempted from the Specialty Hauler Provisions as per the Monroe County Code. Initially staff was advised that these Franchisees did not want to be required to obtain a specialty hauler license, but under the current provision of the Monroe County Code they were required to have a license. In an effort to address their concerns, the provisions of the special hauler ordinances were revised to remove "collector" from the language. Under the revised ordinance a Franchisee would now only be required to obtain a specialty hauler license if they wanted to operate as a specialty hauler and participate in the market. If the Board of County Commissioners wants to exempt the Franchisees and provide for an exemption in the proposed ordinance, the Board should be mindful of equal protection considerations in their lawmaking deliberations. In cases in which the equal protection challenge does not involve a fundamental right or suspect classification, the "rational basis test" is applied'. "To satisfy the rational basis test, an [ordinance] must bear a rational and reasonable relationship to a legitimate [governmental] objective, and cannot be arbitrarily or capriciously imposed "" "There is a strong presumption of validity if there is a rational relationship between the disparity of treatment of those persons or groups and a legitimate governmental objective " "' 1 The Board can make distinctions among persons and groups, i.e., provide exemption for the County's Franchisees, without violating the equal protection laws"' so long as there is a rational basis for doing so. If the County were challenged, the burden would be on plaintiff to demonstrate that there is not a rational basis for the alleged disparity by showing that the ordinance intentionally and improperly treats him, her, or it in a different manner from similarly - situated persons or groups". While staff does not recommend providing an exemption to the Franchisees, if the Board wishes to do so it may, as long as it articulates that the classification, i.e., exemption of the Franchisees, bears a rational relationship to a legitimate governmental objective. A court must analyze an equal protection challenge that does not involve a fundamental right or suspect classification under the rational basis test. Progressive Am. Ins. Co. v. Eduardo J. Garrido D.C. P.A. 42 Fla. L. Weekly D408 (Fla. 3d DCA Feb. 15, 2017) " Estate of McCall v. U.S. 134 So.3d 894, 901 (Fla. 2014) City of Fort Lauderdale v. Gonzalez 134 So.3d 1119, 1121 (Fla. 4th DCA 2014) citing Heller v. Doe 509 U.S. 312, 319 -20, 113 S.Ct. 2637, 125 L.Ed.2d 257 (1993). Some measure of disparate treatment or inequality is constitutionally tolerable. Duncan v. Moore 754 So.2d 708, 712 (Fla. 2000); Acton v. Ft. Lauderdale Hosb 440 So.2d 1282, 1284 (Fla. 1983). '" Progressive Am. Ins. Co. v. Eduardo J. Garrido D.C. P.A. 42 Fla. L. Weekly D408 (Fla. 3d DCA Feb. 15, 2017) (The Legislature has the power to establish classifications, to make distinctions among persons or groups, without running afoul of equal protection law... Courts "are obligated to accord legislative acts a presumption of constitutionality and to construe challenged legislation to effect a constitutional outcome whenever possible) ° Id (citing Miller v. State 971 So.2d 951, 952 (Fla 5"' DCA 2007) The statute's challenger must "prove that there is no conceivable factual predicate which would rationally support the law." Id. 2 County of Monroe The Florida Keys Memorandum BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District 1 Sylvia J. Murphy, District 5 DATE: April 21, 2017 TO: Record FROM: W. Thompson, K. Wilson, P.E. SUBJECT: Draft Plan for Specialty Hauler Fees The Specialty Hauler ordinance is being changed to eliminate unenforceable provisions such as monthly reporting of customer invoices and payment of a percentage of revenue to the County. Additional recommendations include the addition of licensing fees for transfer stations; one time (per project fees) for subcontractors who are under national contracts with developers; limiting the number annual licenses; and, setting the fees by resolution rather than in the ordinance. The fee resolution will be adopted by the BOCC during its budget process in July or August 2017. The amounts of the fees are NOT included in the proposed ordinance. The following are the fees staff is expects to recommend during the budget process. It includes a change based upon comments at the April 12, 2017 BOCC meeting to make the one time (per project) fee equal to the annual license fee to preclude its use to circumvent annual license caps. First time application fee: License fee* $ 250.00 $ 1,000.00 annually (* The license fee covers all materials being hauled and one truck decal) Addition vehicle decals $ 250.00 per vehicle per year Transfer Station fee: $20,000.00 annually Fee (per project site) for a contractor to haul C &D as part of a developer's project team * *: $ 1,250.00 (per project site) ( ** General Contractors may still haul and dispose of their own C &D without a separate license)