Item C06BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District 1
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
August 16, 2017
Agenda Item Number: C.6
Agenda Item Summary #3234
BULK ITEM: Yes DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Will Thompson (305) 292 -4432
no
AGENDA ITEM WORDING: Approval of a Resolution to adopt the revised rates and fees for the
County's Specialty Hauler Program.
ITEM BACKGROUND: On April 12, 2017 the Monroe County Board of Commissioners voted to
revise the Specialty Haulers ordinance to eliminate financial reporting, restructure the fee schedule,
limit the number of licenses issued, and impose a licensing fee on privately held transfer stations.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved ordinance revisions April 12, 2017
CONTRACT /AGREEMENT CHANGES:
no
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Final Resolution to adopt rates & fees for Specialty Hauler Program
Ordinance 003 -2017 Specialty Haulers approved at BOCC meeting 5 17 17
FINANCIAL IMPACT:
Effective Date: October 1, 2017
Expiration Date:
Total Dollar Value of Contract: 0
Total Cost to County: 0
Current Year Portion: 0
Budgeted: No
Source of Funds: N/a
CPI: No
Indirect Costs: 0
Estimated Ongoing Costs Not Included in above dollar amounts: 0
Revenue Producing: Yes
Grant: No
County Match: no
Insurance Required: no
Additional Details:
If yes, amount: Approximately $155,000.00
10/01/17 414 -40000 -SOLID WASTE ADMIN
approximate revenue
$155,000.00
REVIEWED BY:
Will Thompson
Completed
07/27/2017 2:13 PM
Christine Limbert
Completed
07/27/2017 5:12 PM
Budget and Finance
Completed
07/28/2017 8:19 AM
Maria Slavik
Completed
07/28/2017 8:44 AM
Kathy Peters
Completed
07/31/2017 9:50 AM
Board of County Commissioners
Pending
08/16/2017 9:00 AM
RESOLUTION NO. -2017
A RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS TO
ADOPT THE REVISED RATES AND FEES FOR
THE COUNTY'S SPECIALTY HAULER PROGRAM
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
as follows
Section 1 . Pursuant to the specialty hauler program, the rates and fees have been
revised to better reflect the costs involved. All fees are paid on an annual basis.
Non - refundable application fee: $250.00
Non - refundable license fee (includes one vehicle): $1,000.00
Each additional vehicle: $250.00
Renewal fee: $1,000.00
One -time project specific short -term license: $1,000.00
Transfer station operation fee (may be paid in 4 equal installments): $20,000.00
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, District 2
Mayor Pro Tern David Rice, District 4
Commissioner Danny L. Kolhage, District 1
Commissioner Heather Carruthers, District 3
Commissioner Sylvia Murphy, District 5
(Seal) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor George Neugent
Page 1 of 1
„( CAURt�
Kevin Madok, cPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
May 26, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 005 -2017 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on May 17, 2017. Should you have any questions,
please feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: County Attorney
Solid Waste
BOCC
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- Packet ,Pg. 109
ORDINANCE NO. 003 - 2017
as
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
a,
FOR RULES AND REGULATIONS RELATING TO
COLLECTION AND DISPOSAL OF SPECIAL SOLID
2
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.
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.
Paize 1
Packet ',Pg.110
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:
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.
Page 2
Packet,Pg. 111
(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 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 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.
Page 3
Packet ,Pg. 112
(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
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
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:
Pap,e 4
Packet ',Pg.113
(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 17 day of May, 2017.
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A #hest: K N MADOK, Clerk
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Deputy Clerk
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BOARD OF COUNTY COMMISSIONERI
OF MONROE COUNTY, FLORIDA CA
B �
Mayor /Chairperson
MONROE COUNTY ATTORNEY
PPROVED AS T9 FORM:
J,
CHRISTINE M. LIMBERT- BARROWS
A SSISTMT COUNTY ATTORNEY
Date
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Mayor George Neugent
Yes
Mayor Pro Tem David Rice
Yes
a
Commissioner Danny L. Kolhage
Yes
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Commissioner Heather Carruthers
Yes
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.
Commissioner Sylvia Murphy
Yes
on
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A #hest: K N MADOK, Clerk
By J
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERI
OF MONROE COUNTY, FLORIDA CA
B �
Mayor /Chairperson
MONROE COUNTY ATTORNEY
PPROVED AS T9 FORM:
J,
CHRISTINE M. LIMBERT- BARROWS
A SSISTMT COUNTY ATTORNEY
Date
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