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Item I1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 20, 2011 Division: Growth Management Bulk Item: Yes X No _ Department: Building Staff Contact Person/Phone #: Joseph Paskalik /(305) 289 -2574 AGENDA ITEM WORDING: Approval to re- appoint Frank Toppino, alternate member, to one (1) additional three (3) year term to the Contractors' Examining Board (CEB) beginning April, 2011. ITEM BACKGROUND: The Contractors' Examining Board (CEB) voted unanimously to recommend the re- appointment of Frank Toppino to the CEB at the February 8, 2011 hearing. PREVIOUS RELEVANT BOCC ACTION: The Board appointed Mr. Toppino in May, 1999. Mr. Toppino was re- appointed by the BOCC to one (1) three (3) year term in April, 2005 and again in February, 2008. On March 21, 2007 the B.O.C.C. approved advertising the amendment to M.C.C. Section 6 -85 repealing term limits for members of the C.E.B. The ordinance was amended effective May 2, 2007 removing term limitations. Per M.C.C. 6- 264.(a), regular voting members and two alternate voting members are appointed by the Board of County Commission (BOCC). CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A REVENUE PRODUCING: Yes No APPROVED BY: County Atty X OMB/Purchasmg DOCUMENTATION: Included X Not Required DISPOSITION• SOURCE OF FUNDS: AMOUNT PER MONTH Year Risk Management AGENDA ITEM # Revised 7/09 COUNTY OF MONROE MONROE COUNTY BOARDS AND COMMITTEES APPOINTMENT INFORMATION BOARD OR COMMITTEE: Monroe County Contractors' Examining Board Board of Adjustment and Appeals Committee COMIVIISSIONER APPOINTING MEMBER: BOCC (Per 6-234.(a)) NAME OF MEMBER: Frank Toppino ADDRESS: P.O. Box 41787 Key West, Florida 33041 -0787 PHONE NUMBERS WORK: (305) 296 -5605 HOME: _(305) 797 -5847 - Cell DATE OF APPOINTMENT: M 12,1999 REAPPOINTMENT: April, 2005; February, 2008; DATE TERM EXPIRES: May, 2011 NAME OF PERSON BEING REPLACED: n/a FULFILLING TERM OF: n/a OTHER INFORMATION: n/a COUNTY OF MONROE - # # ## Municode Page 1 of 4 Monroe County, Florida, Code of Ordinances >> PART I - GENERAL ORDINANCES >> Chapter 6 - UILDINGS AND CONSTRUCTIO >> ARTICLE III. - CONSTRUCTION INDUSTRY >> DIVISION 3. - CONTRACTORS EXAMINING BOARD >> DIVISION 3. - CONTRACTORS EXAMINING BOARD Sec. 6 -263. - Created. Se c. 6 -264. - Membe rshit). Sec. 6 -265. - T erms of office re moval, vacancies. Sec. 6-266. - O rggriizati on. Sec 6-267 - Me etings. Sec 6 -268. Em to ees Sec. 6-269. - Rules and reylations. , S ec. 6 -270 - Powe and duties. Sec. 6 - 263. - Created. A contractors examining board is hereby created that shall consist of: (1) One person holding an engineering I card; (2) One person holding a contractors I card; (3) One person holding a master plumber's card; (4) One person holding a master electrician's card; (5) One person holding a master mechanical card; (6) Two persons, holding any of the foregoing qualifications and having previously served as regular members of the contractors examining board shall be designated alternates to serve at any regularly scheduled meeting of the contractors examining board only upon the inability of a quorum to be met in the absence of the alternates; and (7) Three persons who are not and have never been, engaged in any of the occupations for which licensing is required under this chapter and who are not engaged in any related profession. e(,(, F 1 ¢ fJ 83: f t No. 16 - 1975 § e3(A); Oid. No. 10 1993, § 1; dad. No. 25 1998, § 1. Or.]. No. 004 2005, § 1) Sec. 6- 264. - Member (a) The contractors examining board shall consist of eight regular voting members and two alternate voting members appointed by the board of county commissioners. The building official or his designated agent shall serve as secretary to the board and shall have no vote. Legal counsel shall be furnished by the county attorney or his designated representative. The members of the board shall be proportionately representative of the trade related to the subject matter concerned in the examination and qualifications, and professions within and connected with the particular trades concerned shall be represented. The eight regular member composition shall, at all times, include at least one representative from each of the Lower, Middle and Upper Keys of the county. No member of the examining board shall receive any compensation for duties involved. (b) No officer, director or administrator of a state, county or regional professional or occupational organization or association, while holding such position, shall be eligible to serve as a member of the examining board for the profession or occupation. Each regular member who is a licensed contractor shall have five years of active participation in his respective field and shall be currently involved as a licensed contractor in that field to qualify for appointment. The alternate member shall be a prior member of the contractors examining board and shall be currently involved as a licensed contractor. „* 1)9 � 6 91, � G s ra NO 16 ir}!5 4 trlf : Ord 1( 46-t?8J. y 1 t9r..1. �u 10 r" s��,3 3: �3.d� , 1� e" ftltl,3 "ti Sec. 6 -265.- Terms of office; removal, vacancies. (a) Each member, regular or alternate, shall be selected for a period of three years. Upon expiration of a member's term, any member, regular or alternate, who has served in good standing and receives the Municode Page 2 of 4 recommendation of a quorum of the examining board, shall be eligible for reappointment to the examining board. Nothing contained in this section shall be construed to impose any limit on the number of terms, consecutive or otherwise, any individual member can serve. (b) Any member, regular or alternate, of the examining board may be removed from office by a majority vote of the five members of the board of county commissioners. (c) Any vacancy occurring during the unexpired term of office of any member, regular or alternate, of the examining board shall be filled by the board of county commissioners for the unexpired term 30 days after such vacancy occurs. (d) Any regular member of the contractors examining board who absents himself from any three consecutive regular meetings of the contractors examining board, unless excused from such attendance by consent of the board, expressed by action of record in its official minutes, or who is absent from a total of four regular meetings of the board in any fiscal year without having been excused from such attendance by consent of the board expressed by action of record in its official minutes shall thereby automatically forfeit his position and office as a member of the contractor's examining board; and the name of such person shall be automatically removed from the membership of the board immediately after the adjournment of any such third consecutive meeting or any such fourth meeting in any fiscal year, as the case may be, at which such member has not appeared. The board shall thereupon promptly notify the member so removed, and the board of county commissioners for the county shall thereupon appoint a new member to serve the remainder of the unexpired term for the member so removed. (Code 1979. § €i 85; O,d No. 16 1915, § �(C) Ord. No 46 1988, § 2. Ord. No 18 -1991. § 1; Ord. No. 10 -1993, §§ 4 7 Ord No. 038 -?003, § 1: Ord N 005 ,'007, § 1) Sec. 6 -266.- Organization. (a) The building official or his designated agent shall serve as secretary to the examining board. (b) The board shall elect a chair and such other officers as may be necessary from among their members. Terms of all officers shall be one year beginning with their election, with elections to be held the first meeting in July of each year. (Go, k 1979. 6 86: Ow d. No 16.19x5, § 6(0)) Sec. 6 -267.- Meetings. (a) The examining board shall not hold less than four regular meetings each fiscal year, during the fourth week in October, January, April, and in July. (b) Meetings shall be called by the chair of the board and in his absence by the vice -chair of the board. (c) All minutes shall be kept in the office of the building official. (d) Five members of the board shall constitute a quorum at any meeting, and a majority vote of the members voting shall be required to make any decision. (Coda 1 +19, 5 6 87. Ord No. 16 1975, ,-� 6(C); Ord No. d 1 1A6, 4§ a9. 40, Ord, No, 20 I D96, § 4, Ors). N:, 25- � 993, Sec. 6-268.- Employees. For the purpose of administering this article the examining board may call on the board of county commissioners to furnish such employees as may be necessary to carry on or assist the board in performing its duties. Sec. 6 - 269. - Rules and regulations. The examining board may make such rules and regulations as are consistent with the general policies of this article as it may deem necessary to carry out the provisions of this article, including the power to administer the oaths, subpoena witnesses, and enforce its subpoena in the county court. 5 0.�,'!.) `5 9, Orr] No. 1a (375. •'Y 6r6): Ord No. ?1 'x86, § f) Sec. 6 -270.- Powers and duties. (a) The examining board shall be the local construction regulation board, and shall have the following powers: (1) To determine if a license or certificate of competency of any local contractor should be suspended for any violation of this article and to fix the length of time for such suspension; Municode Page 3 of 4 (2) To call upon members of the industry to advise and assist it; (3) To determine if a state certified contractor is guilty of fraud or has willfully violated any of the building codes of the county or has, within the past 12 months, been found by the local construction regulation board of any other county or municipality to be guilty of fraud or a willful building code violation that would have been fraud or a building code violation if committed in the county; and (4) To determine if the authority of state certified contractors to obtain a building permit should be revoked, suspended or limited to obtaining permits with specific conditions and to set the terms of suspension or conditions. (b) When the board has reason to believe that any person not licensed by the board or building official has violated any provision of this chapter which relates to the practice of a profession regulated by this board or building department or any rule adopted pursuant thereto, the board or the building official may issue and deliver to such person a notice to cease and desist from such violation. In addition, the board may issue and deliver a notice of cease and desist to any person who aids and abets the unlicensed practice of a profession and/or contracts with such unlicensed person. (1) Code enforcement inspectors acting under the authority of chapter 8 are hereby designated to enforce the provisions of this article. (2) Code enforcement inspectors as designated in this subsection may issue a citation for any violation of this article whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that such a violation has occurred. The citation form shall be prescribed by resolution of the board of county commissioners and shall contain the following information: a. The time and date of issuance. b. The name and address of the person to whom the citation is issued. C. The time and date of violation. d. A brief description of the violation and the facts constituting reasonable cause. e. The name of the code enforcement officer. f. The procedure for the person to follow in order to: 1. Pay the civil penalty or contest the citation for violations; or 2. Appear before the contractors examining board to answer a summons. (c) The applicable civil penalty if the person elects not to contest the citation, which penalty shall be pursuant to the followinq schedules: Fine Schedule First Violation iolations Tandatory d Subsequent Unlicensed activity $500.00 notice to a ear idin an d abettin 500.00 notice to appear Il other violations 500.00 IMandatory notice to appear (1) Repeat violations of unlicensed activity shall be referred to the state attorney's office for criminal prosecution. All violations subsequent to the third violation shall be heard by the contractors examining board under the disciplinary hearing provisions of this article. A repeat violation is any violation on which a fine has been issued or disciplinary action has been taken where the person previously had disciplinary action taken against him or received a letter of reprimand in a prior case; and repeat violation is to apply: a. Regardless of the chronological relationship of the acts underlying the various disciplinary actions; and b. Regardless of whether the violations in the present and prior disciplinary actions are of the same or different provisions of this chapter. (2) An administrative fee for costs incurred may be assessed in the amount of the greater of ten percent of the fine or $100.00. Monies collected pursuant to this section shall be used to support administrative costs and future enforcement activities against unlicensed contractors. The fine shall be paid at the offices of the county building department. (d) Any party fined pursuant to this section may appeal to the contractors examining board for a full meritorious hearing in accordance with provisions of this chapter for administrative hearings by filing a notice for hearing with the secretary of the contractor's examining board within ten days of receipt of service of a citation. (e) The contractors examining board may impose an administrative fine or civil penalty, as appropriate, pursuant to the provisions of sections 6- 201(d)(5) and 6- 201(e)(2) or this section for any violations of this chapter by the contractors examining board and in the amounts stated in the fine schedule in this section upon a finding of violation when a citation is contested. Pursuant to this subsection, the board shall conduct a probable cause hearing as to the alleged violation. Upon a finding that probable cause to believe such violation has occurred, the board shall deny the appeal and impose an administrative ,�Mml Municode Page 4 of 4 fine or a civil penalty in an amount not less than the amount listed in the citation and no more than the amount of fine possible under this chapter and may assess costs of the proceedings, including, but not limited to, costs of personnel, equipment and supplies necessary to process the appeal. The board, at its discretion, may reduce the amount of the administrative fine or civil penalty upon a finding of mitigating circumstances. (f) The act for which the citation is issued shall be ceased immediately upon receipt of the citation. The person charged with the violation shall correct the violation and pay the civil penalty in the manner indicated on the citation or, within ten days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing before the contractors examining board to appeal the issuance of the citation by the code enforcement officer. (g) If the fine is not paid within the time period required in subsection (f) of this section or ordered by the board upon appeal, and if no extension has been granted by the board for good cause shown, the board's secretary shall advise the board of the failure to pay and obtain approval to file as a notice of lien in the official records of the county a certified copy of the order imposing the fine. The lien shall run against any real or personal property the violator may own. The lien may be foreclosed in accordance with F.S. ch. 89. (h) Upon any final judgment foreclosing such lien, the court shall award to the board all costs as a result of this violation, including investigation costs, filing fees, court costs, and reasonable attorney's fees. (1) In addition to or in lieu of any other remedies provided in this section, the board may seek the imposition of a civil penalty through the circuit court for any violation of the notice to cease and desist. The civil penalty shall be no less than $500.00 and no more than $5,000.00 for each offense. The court shall award to the board all costs as a result of this violation, including investigation costs, filing fees, court costs, and reasonable attorney's fees. Q) The provisions of this section shall apply only to the provisions of this Code that are administered by the board and the building department, and this section constitutes the exclusive statement of the board's authority and jurisdiction. Ord. 1970, § 6 90, Ore/ No 16 1975. § 6(H); Or d No. 21 1986, § 42; Ord. No a6 -1988, § 3: Ord. No, �'3 1091, q 1: Ord. No. 32 1993, § 1, , a, No. ?0- 19:'6, § 3, O. d. No. 58 1991`, § 1, '; Ord. No. 8 1998, S 9; turd. No. 2 1998. § 0; Ord, No. 23 1999, § 1 00 Nis. 023 - x'003, 0 1 - 3; Ord. No. 02 5 9006, 4 1)