Item R6 �s R.6
r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: R.6
Agenda Item Summary #8 167
BULK ITEM: Yes DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
1:30 PM PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider an Ordinance by the Monroe County
Board of County Commissioners Amending Monroe County Code Chapter 6 "Building and
Construction", Article III "Construction Industry", Division 3 "Contractors Examination Board" to
reduce its quorum requirement to three (3); Providing for Severability; Providing for the Repeal of
Conflicting Provisions; Providing for Inclusion in the Monroe County Code; Providing for the
Transmittal to the Department of State; and Providing for an Effective Date.
ITEM BACKGROUND:
Monroe County has existing regulations as it relates to the membership of the Contractors
Examination Board (CEB) and required quorum requirement of five. The CEB is a volunteer board
and at times it has been challenging to reach a required quorum. The CEB has made a formal motion
to request the BOCC change their quorum requirement from 5 to 3.
When a quorum cannot be reach the regularly scheduled meeting has to be canceled. Cancelling a
regularly scheduled meeting results in frustrations for members of the public who had planned to
participate at the meeting. In addition, the County will incur additional expenses to advertise the new
meeting date, additional staff time, and would cause delay in processing of contractor licensing,
interpretations of rules and regulations, to hear public complaints, address code compliance
violations and other duties.
The proposed amendment to address a reduction the number of CEB quorum requirements from 5 to
no less than 3.
PREVIOUS RELEVANT BOCC ACTION:
The Contractors' Examining Board was created on December 9, 1975 by Ordinance 016-1975 and is
provided for under MC Code Sec 6-263 - 6-270. This board was put in place to interpret and make
rules and regulations; to hear public complaints and code compliance violations.
The Board consists of eight regular voting members and two alternate voting members (Ordinance
Packet Pg. 2850
R.6
004-2005). Each member 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
recommendation of a quorum of the Examining Board shall be eligible for reappointment with no
limit on number of terms consecutive or otherwise (Ordinance 005-2007).
At a regular meeting held on January 5, 2021, the CEB discussed a possible need to reduce the
required number for a quorum from 5 to 3.
At the March 9, 2021 CEB meeting, the CEB approved a draft ordinance to modify MCC 6-267 to
decrease the number for a quorum from 5 to 3.
On April 21, 2021 the BOCC approved advertisement of this proposed ordinance.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
MCC 6-267 CEB quorum update (Revised)
FINANCIAL IMPACT:
Effective Date: Upon adoption
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: n/a If yes, amount:
Grant: n/a
County Match: n/a
Insurance Required: No
Additional Details:
N/A
Packet Pg. 2851
R.6
REVIEWED BY:
Paunece Scull Completed 05/03/2021 8:22 AM
Maria Partington Completed 05/03/2021 9:13 AM
Reynaldo Ortiz Completed 05/03/2021 10:15 AM
Rick Griffin Completed 05/03/2021 10:22 AM
Assistant County Administrator Christine Hurley Completed
05/03/2021 10:42 AM
Purchasing Completed 05/03/2021 10:43 AM
Budget and Finance Completed 05/03/2021 12:02 PM
Maria Slavik Completed 05/03/2021 12:27 PM
Liz Yongue Completed 05/03/2021 4:40 PM
Board of County Commissioners Pending 05/19/2021 9:00 AM
Packet Pg. 2852
R 6.a
ORDINANCE NO. -2021
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 6-267, MEETINGS, PERMITTING
THE CONTRACTORS EXAMINING BOARD TO REDUCE
ITS QUORUM REQUIREMENT TO THREE (3);
cv
PROVIDING FOR SEVERABILITY; PROVIDING FOR cg
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on December 8, 1975, the Board of County Commissioners (BOCC) enacted
Ordinance No. 16-1975, which created the Contractors Examining Board (CEB); and
WHEREAS, Monroe County Code Sec. 6-267, Meetings, provides in part that a quorum
consists of five (5) members of the board; and
WHEREAS, as the CEB is made up of volunteers, it is often difficult to ensure sufficient
members are present at the meetings to constitute a quorum; and
WHEREAS, the CEB seeks to reduce the quorum requirement from five (5) members to
three (3)members to ensure the meetings are able to proceed and be efficiently conducted; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS:
Section 1: Section 6-267(d),Meetings, shall be amended to read as follows: �--
(d) Three F4-v-e 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. E
Section 2: SEVERABILITY. If any portion of this ordinance is for any reason held �
Cr
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the as
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.
c,
c�
Section 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
a�
Section 4: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be
filed with the Department of State and shall be effective 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 on the 17th day of March, 2021.
1
Packet Pg. 2853
R 6.a
Mayor Michelle Coldiron
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner Eddie Martinez
Commissioner Mike Forster
r�.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA `
By: By:
As Deputy Clerk Mayor
0
ca
LU
Cr
U
c)
2
Packet Pg. 2854