Item R7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 17. 2010
Division: County Attorney
Bulk Item: Yes -X- No
Department: County Attorney
Staff Contact Person!
Phone #: Christine Limbert-Barrows/#3475
AGENDA ITEM WORDING:
Approval to advertise a public hearing to consider adoption of an Ordinance amending the Momoe
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 ofthe business tax.
ITEM BACKGROUND:
In order to ensure that businesses that operate within Momoe 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 corrnnercial collection service to businesses;, c) amend Section 21-74(2)(a), MCC
to require businesses to obtain a corrnnercial 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 BOCC ACTION:
The Board adopted the current version of Section 21-46, MCC in 2000 (See Ord. 35-2000); Section
21-74, MCC in 1992 (See Ord. 25-1992); and Section 23-76, MCC in 2006 (See Ord. 027-2006).
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval to advertise public hearing for March 17,2010 at 3:00 p.m. in Marathon
TOTAL COST: n!a
INDIRECT COST: nfa
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: n!a
COST TO COUNTY: nfa
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No
APPROVED BY: County Attyc8t
AMOUNTPERMONTH_ Year
OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
Revised 7/09
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 MCC Section 21-74(2)(a), the definition of "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
with MCC 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 lof3
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 of property 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 for the business tax for the flfst time must complete the tax
form prepared by the county tax collector and shall provide proof of a current
commercial co llection 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 eHly. 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 20f3
SECTION 6. CONFLICT WITH OTHER ORDINANCES. AU 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
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 17,2010 at 3:00
P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas
Highway, Mile Marker 50, 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
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.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided 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 proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony apd evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in 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 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call "711".
Dated at Key West, Florida, this 17th day of February, 2010.
(SEAL)
DANNY L. KOLHAGE, Clerk ofthe Circuit Court
and ex officio Clerk ofthe Board of County
Commissioners of Monroe County, Florida
Publication dates:
Reporter (Fr)
Keynoter (Sa)
KW Citizen (Su)
2/19/10
2/20/10
2/21/10