Item M4County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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t , ,��Mayor
Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: M.4
Agenda Item Summary #4223
BULK ITEM: No DEPARTMENT: BOCC District 2
TIME APPROXIMATE: STAFF CONTACT: Terri Colonna (305) 292 -4512
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AGENDA ITEM WORDING: Discussion a case can be made, and has been, that our franchises,
Marathon Garbage Service and Keys Sanitary Service, who are required to deliver solid waste to our
transfer stations should not be required to obtain a Speciality Hauler license. May it be
recommended that we exempt them from being required to acquire a license that is covered by
already being our service provider.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT /AGREEMENT CHANGES:
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STAFF RECOMMENDATION:
DOCUMENTATION:
Marathon Garbage doc
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
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:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
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REVIEWED BY:
George Neugent
Kathy Peters
Board of County Commissioners
Completed
Completed
Pending
05/02/2018 4:18 PM
05/02/2018 4:18 PM
05/16/2018 9:00 AM
Marathon Garb;kj!t-.Sery ice, Inc.
4290 OVerSCa5 Hfghway
-Marathon, Flom4a 33050
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Monroe County Board Of Commissioners
Marathon Government Center
2798 Overseas Hwy.
Marathon, FL 33050
Attention: George Neugent & Sylvia Murphy,
Re: Contract issue wi;th CP1 calcLilatI1011
Dear Commissioners,
As discussed previously the contracts negotiated for the 2014 to 2024 period for the three Haulers Marathon
Garbage Service, Inc., Waste Management, and Keys Sanitary would all receive the same CPI increase during
the contract period. Below you will see the differences in the CPI calculations for the first three years
determined by Monroe County Solid Waste for Marathon Garbage Service, Inc. and Waste Management. It
appears that the calculations are being taken from two different CPI reports leaving Marathon Garbage Service,
Inc. and Keys Sanitary with a large deficit in increases over Waste Managements.
Year
Marathon Garbage Service
W aste Management
Difference
1.1%
0%
2
0.0%
0.42%
42%
3
0.7%
1.6%
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This difference was brought to Monroe County Solid Wastes attention and has finally been rectified for the
upcoming contract years but does not allow for the previous year's differences. As increases do not occur on
every contract year residentially and are also capped, these errors are even more detrimental. When applied
across the board these amounts are not as trivial as they may appear at face value and should have been rectified
in a much more timely and professional manner. Marathon Garbage Service, Inc. is again requesting that the
differences be addressed by the county and reimbursed to our company. This issue was brought to the attention
of the County over a year ago and still has not been properly addressed. We are required to rectify errors made
in the favor of the County and would expect the same outcome in return.
Attached you will see where Waste Management's Contract was amended to reflect the discrepancy while ours
remained incorrect, We would appreciate your consideration in this matter and hope to come to an amicable
resolution.
Sincerely,
Ronald G. Konrath
President
M PPPrf4y, E
(2w 1 LIZ-
Contract Administrator will verify the error and make an appropriate adjustment to the Franchisee's payment to
correct the error.
B, Solid Waste and Recycling Collection Rate Adjustments
(1) For all Collection services, the charges shall be initially based on the rates established in
Exhibit 11, and as subsequently adjusted pursuant to this Agreement. The Franchisee shall receive periodic
adjustments in the Residential Solid Waste and Recycling Collection Service, and annual adjustments to the
Commercial Recycling Collection Service, and Commercial Solid Waste Collection Services as specified herein
The Franchisee shall provide Commercial customers written notice of a potential rate change in its annual
September billing period. The pe?lodic adjustment shall be made to the combined category of Residential Solid
Waste Collection Service and Residential Recycling Collection Service. The annual adjustment shall be made to
the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection
Service, and the CPITJ for such shall not exceed 5% annually. CPIU increases beyond 5% shall require BOCC
approval and an amendment to the Agreement.
(2) The adjustment to Residential collection shall be made in accordance with the percentage change in
the Consumer Price Index for all urban consumers ("CPIU") for the most recent twelve (12) months available,
ending in February, but shall not exceed 2.5%. Residential adjustments for the combined Residential Solid
Waste and Recycling Collection shall be allowed as follows:
Years 1, 3, 5, 6, 7 — No CPI Adjustment allowed
Years 2, 4, 8, 9, 10— Up to a maximum 2.5% CPI Adjustment
Effective October 1, 2014, contingent upon Board of County Commission approval of the periodic and annual
rate adjustments, the Franchisee will receive the specified CPI adjustment.
C. Agreement Amount
(1) Residential: The COUNTY shall pay the Franchisee in current annual funds for the
Franchisee's performance of this Agreement for residential collection services. Funding for years 1-10 of the
residential collection services are estimated as follows, which includes the estimated periodic CPI increases as
allowed and specified herein:
Year 1
$1.90 Million
Year 6
$2.00 Million
Year 2
$1.94 Million
Year 7
$2.00 Million
Year 3
$1.94 Million
Year 8
$2.04 Million
28 Year 4
$2.00 Million
Year 9
$2.09 Million
Year 5
$2,00 Million
Year 10
$2.15 Million
Total Estimated Amount Paid To Franchisee For Residential Services: $20.06 Million
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WHEREAS, the definitions in Section 21446 of the Monroe County Code should
be revised to describe in more detail the scope and types of collection allowed by the
Monroe County Solid Waste Department; and
WHEREAS, the Monroe County Code ("Code") should also be revised to
accurately reflect current license requirements and regulations of specialty haulers as
required by the Monroe County Solid Waste Department; and
WHEREAS, In order to ensure compliance with the requirements and regulations
as set forth in the Code and to allow for enforcement, the Code should be amended to
provide penalties for violations;
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SECTION 1: Section 21-46 Definitions Business shall be created to read as follows:
Business means any commercial or public entity, including but not limited to a firm,
partnership, corporation, or association that is organized as a for-profit entity, strip mall
(e.g. Property complex containing two or more commercial entities), industrial facilities,
school, school district, community colleges, medical facilities, supermarkets, bars,
restaurants, financial institutions (banks), regional agency or facility. Local jurisdiction
can establish other specific exemptions.
SEC 'TON 2: Section 21-46 Definitions Commercial Recycling shall be created to read
as follows:
Commercial Recycling means materials generated directly by businesses, as defined in
this section,
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SECTION 3: Sec. 21-46 Definitions Commercial Recyclable materials shall be created
to read as follows:
Commercial recyclable materials means any material from commercial property which is
capable of being recycled and which, if not recycled, would be processed and disposed of
as solid waste. The term "recyclable material" shall include green glass, brown glass, and
clear glass; aluminum and steel cans and scrap metal; plastic containers, mixed paper,
newspaper, corrugated cardboard, office paper, and phonebooks. Any recyclable material
mixed with solid waste shall be considered solid waste. Recyclable materials shall only
be collected from commercial property.
SECTION 4: See. 21-46 Definitions, Endorsement shall be created to read as follows:
Endorsement means an amendment or addition to the Specialty Mauler's license that will
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allow collector/specialty hauler to pick up additional materials.
SECTION 5.- See, 21-46 Definitions Secondary Metals Recycler shall be created to read
as follows: Z
Secondan Metals Recycler means any person who:
(1) From a fixed location is conducting the business of gathering or obtaining ferrous
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or nonferrous metals that have served their original economic purpose or is in the
business of performing the manufacturing process by which ferrous metals or CL
nonferrous metals are converted into raw material products consisting of prepared U)
grades and having an existing or potential economic value; or 0
(2) Has facilities for performirg the manufacturing process by which ferrous metals
or nonferrous metals are converted into raw material products consisting of
prepared grades and having an existing or potential economic value, other than by 0
the exclusive use of hand tools, by methods including, without limitation, r-
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processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding,
shearing, or changing the physical form or chemical content thereof.
SEC2 6. Sec. 21-46(2) Special solid was shall be amended to read as follows:
(2) Special solid waste means commercial white goods, construction and demolition
debris, biohazardous wastes, e-waste, extraordinary waste, hazardous waste,
metal, and sludge as defined as follows:
a. Commercial white goods means large electrical home appliances,
refrigerators, washing machines, washers, dryers, freezers, stoves, ovens,
dishwashers, trash compactor, metal dehumidifiers, water heaters, heaters,
air conditioners, furnaces and other large metal appliances generated from
commercial property. White good materials shall only be collected from
commercial property.
b. Construction and demolition debris (C & D) means discarded materials
resulting from structural and functional materials comprising the structure
and surrounding site improvements from the alteration, construction,
destruction, rehabilitation, or repair of any manmade physical structure
including houses, buildings, industrial or commercial facilities, and
roadways generally considered to be not water soluble and nonhazardous
in nature, including but not limited to steel, glass, brick, concrete and other
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masonry materials, stone, glass, asphalt and asphaltic substances, roofing
material, plumbing fixtures, including toilets, sinks, water heaters and pipe,
gypsum wallboard, wall coverings, drywall and incidental paper, insulation and
framing and finishing lumber, electrical wiring and components containing no
hazardous fluids or refrigerants from the construction or destruction of a structure
as part of a construction or demolition project or from the renovation of a
structure, and including rocks, soils, tree remains, trees, and other vegetative
matter that normally results from land clearing or land development operations for
a construction project, including such debris from construction of structures at a
site remote from the construction or demolition project site. Mixing of
construction and demolition debris with other types of solid waste will cause it to
be classified as other than construction and demolition debris. The term also
includes
Clean cardboard paper, plastic, wood, wood chips, heating
equipment, including furnaces and duct work, floor covering or
carpeting and metal scraps and screen materials from a
construction project; weathered railroad ties and weathered utility
poles; and
I De minimis amounts of other nonhazardous wastes that are
generated at construction or destruction projects, provided such
amounts are consistent with best management practices of the
industry,
I C&D does not include materials whose removal has been required
prior to demolition. Example- asbestos and PCB containing
materials. C&D does not include materials identified or listed as
solid wastes, electronic waste, infectious wastes, or hazardous
waste, nor does it include materials resulting from mining
operations. Containerized or bulk liquids, fuel tanks, drums and
other closed or filled containers, tires, and batteries are also not
considered C&D. Appliances are not considered C & D unless
they were attached to the structure before the demolition.
C. Biohaz,ardous wastes means any solid waste or liquid waste that may
present a threat of infection to humans. The terns includes, but is not
limited to, non-liquid human tissue and body parts; laboratory and
veterinary waste that contains human disease-causing agents; discarded
disposable sharps, human blood, human blood products and body fluids.
The term does not include human remains that are disposed of by persons
licensed under F.S. ch. 497. The following are also included:
Used, absorbent materials such as bandages, gauzes or sponges
that are supersaturated, having the potential to drip or splash blood
or body fluids, from areas such as operating rooms, delivery
rooms, trauma centers, emergency rooms or autopsy rooms;
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2. Devices that retain visible blood adhering to inner surfaces after
use and rinsing such as intravenous tubing, hemodialysis filters and
catheters;
3. Other contaminated solid waste materials that represent a
significant risk of infection that are generated in medical facilities
that are for persons suffering from those rare or unusual diseases
requiring strict isolation criteria and listed by the U.S. Department
of Health and Human Services, Centers for Disease Control, "CDC
Guidelines for Isolation Precautions in Hospitals," July/August,
1983; and
4. Other materials that in the opinion of the state department of health
represent a significant risk of infection to persons outside the
generating facility.
d. E-Waste is an informal name for electronic products/ equipment nearing
the end of their "useful life." Computers, televisions, VCRs, stereos,
copiers, and fax machines are common electronic products. Many of these
products can be reused, refurbished, or recycled. Certain components of
some electronic products contain materials that render them hazardous,
depending on their condition and density. For instance, nonfunctioning
CRTs (cathode ray tubes) from televisions and monitor are classified as
hazardous.
Extraordinary waste includes items that require extraordinary
management due to their extreme bulk or weight and shall include, but not
be limited to, abandoned automobiles, automobile parts, tires, boats, and
matter or debris resulting from tree removal, land clearing, land
development or such other like material not defined herein as horticultural
trash,
Hazardous waste means solid waste, or a combination of solid wastes,
that, because of its quantity, concentration, or physical, chemical, or
infectious characteristics, may cause, or significantly contribute to, an
increase in mortality or an increase in serious irreversible or incapacitating
reversible illness or may pose a substantial present or potential hazard to
human health or the environment when improperly transported, disposed
of, stored, treated, or otherwise managed. The term does not include
human remains that are disposed of by persons licensed under F.S. ch.
497.
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Metal means both ferrous metals and nonferrous metals, as defined as
follows:
"Ferrous metals" means any metals containing significant
quantities of iron or steel.
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2. "Nonferrous metals" means metals not containing significant
quantities of iron or steel, including, without limitation, copper,
brass, aluminum, bronze, lead, zinc, nickel, and alloys.
h. Sludge means any solid or semisolid or liquid generated from any water or
wastewater treatment plant, air pollution control facility, septic tank,
grease trap, portable toilet and related operations, or any such waste
having similar characteristics or effect.
SECTION 7: Sec. 21-46 Definitions Specialty hauler shall be amended to read as
follows
Specialty hauler means those persons 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.
SEC-110IN 8: Section 21-72(a) shall be amended to read as follows:
(a) Any persons that provide collection services within the unit shall obtain a license,
as provided herein. Any person collecting any special solid 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
pursuant t 0 section 21-75 shall be exempt from the requirement of obtaining a
license. Each collector and specialty hauler shall be required to obtain a license.
The standards for obtaining a license shall be as follows:
(l) 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. § 287-13.
(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.
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The applicant must sign a sworn affidavit that all solid waste collected
shall be disposed of at the solid waste disposal facility, except as
otherwise permitted under subsection (e) of this section or section 21-70,
and 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
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b. No liens of record by the Internal Revenue Service or the corporate L_
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tax division of the state against any business or any organization he
is qualifying.
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(7) Each applicant shall agree to indemnify the county from any loss that may M
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result from the failure of the applicant to perform his responsibilities. U)
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(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 E
property damage per occurrence. Each holder of a license shall furnish CD
evidence of the above-described insurance prior to having his license 0
renewed each year. :E
(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.
SECTION 9: Section 21-72(d)(4) shall be created to read as follows:
(4.) All equipment used by specialty haulers in the collection and transportation of
waste must be clearly identified with the name of the collector, his/her telephone
number and license number in lettering greater than 4 inches.
SECTION 10. Section 21 -72(e) shall be amended to read as follows:
(e) The following requirements are only applicable to specialty haulers
(hereafter term "Collector" in this subsection) engaged in the collection and
transportation of special solid waste materials.
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The collector must apply to the county for a nonrefundable special solid
waste license. The application fee is $250.00. The initial license fee is
$1,500.00 and each annual renewal fee is $1,000.00. The fee for an
additional collection endorsement on the license is $750.00 and will allow
for collection of additional materials. The County may pro rate the fee for
the initial licenses only.
(2) The collector must pay a ten percent surcharge on the collector's gross
receipts received for special solid waste removal; except, however, no
surcharge is due on the gross receipts received for materials that are
delivered to the county's transfer stations and the full tipping fee is paid.
The surcharge is payable monthly and is due 15 days after the close of
each month. The payment must be accompanied by a report listing
locations of service. the customer fees charged, the amount of recovered
material and the disposal site, together with receipts from the disposal
facility, stating volume or weight.
(3) In order to ensure compliance with subsection (e)(2) of this section, the
collector's financial records must be provided upon request to
representatives of the county during regular business hours (Monday
through Friday, 9:00 a.m. to 5:00 p.m., holidays excepted).
(4) All equipment used by the collector or their agent in the collection and
transportation of special solid waste material must be clearly identified
with the name of the collector, his telephone number and his license
number in lettering greater than 4 inches. The collector must purchase
from the county a county decal/sticker for each vehicle used in the
collection of special solid waste material. Each decalfsticker costs $250.00
and is valid from October I 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 purchases and be displayed/affixed on the front
windshield on the passenger side of the vehicle. In addition to displaying
the decal/sticker, the collector 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 collector exiting the county with equipment loaded with special solid
waste material shall keep record of the following information and shall
provide the following information to the County upon request:
a. The company name, address, and telephone number;
b. The driver's name;
c. The specialty hauler's license number;
d, The vehicle number,
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e. The container number and size (if applicable);
f. Tice building permit number (if applicable);
9- The service address/location;
h. The disposal site (including DEP permit number);
i. The service ticket number; and
j• The cost of service.
(8) A collector disposing of special solid waste within the county at a site
other than a county-owned transfer station shall, on a monthly basis,
deliver service tickets containing the information set forth in subsection
(e)(7) of this section, to the office of solid waste management.
(9) A collector licensed under this subsection, shall not collect any residential
or commercial solid waste without first obtaining a franchise therefore. A
collector is only authorized to collect the following materials for which
a license or endorsement has been obtained from the County; commercial
recycling, commercial white goods, construction and demolition debris, e-
waste, metal, and sludge,
(10) The county administrator is authorized to suspend or revoke the license of
collector when the administrator determines that the collector has violated
a provision of this section. Before suspending or revoking the license the
administrator must afford the collector an opportunity to offer such
evidence as the collector deems necessary to support his position,
although the administrator is not bound to consider, and may reject,
evidence that is cumulative, slanderous, or irrelevant. The administrator'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 cumulative to all other lawful remedie
subsection e)(10), is s
'-'e'('O" is .1
and procedures available to 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.
SECTION 11. Section 21-72(g) shall be repealed in its entirety.
SECTION 12: Section 21-76(c) shall be amended to read as follows:
(c ) o person may provide collection services unless certified pursuant to the
provisions of section 21-72 and pursuant to a collection agreement.
SECTION 13: Section 21-77 of Chapter 21 is hereby created to read as follows:
Sec. 21-77 Penalties.
Violation of this Section shall be prosecuted in the same manner as misdemeanors, are
prosecuted. Such violations shall be prosecuted in the name of the state in a court having
j urisdiction of misdemeanors by the prosecuting attorney thereof, and upon conviction
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shall be punished by a fine not to exceed five hundred d• 11ars ($500.00) or by
imprisonment in the caunty jail not to exceed sixty (60) days or by both such fine and
imprisonment.
SECTION 14: 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 15: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts
extent of ordinances in conflict with this ordinance are hereby repealed to the ex nt of said
conflict.
SECTION 16: INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances of the County of M
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Monroe, Florida, as an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the Code.
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SECTION 17: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be U)
'Filed with the Department of state and shall be effective as provided in section 125.66(2), 0
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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 18th day of July, 2012.
Mayor David Rice
Mayor Pro Tern Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neu gent
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Yes
Yes -71
Yes
Yes
C)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B By
Deputy Clerk Mayor/ChAlw
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
h,mRI"NE M. UMBERTMAR OWS
ASSISTANT COUNTY ATTORNEY
9 Date -1-.
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