Item D31
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
May 18, 2022
Agenda Item Number: D.31
Agenda Item Summary #10596
BULK ITEM: Yes DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan (305) 292-4536
No
AGENDA ITEM WORDING: Approval to advertise for a Public Hearing to be held June 15th,
2022 to consider adoption of an Ordinance amending Section 21-72 of the Monroe County Code to
allow for the number of annual specialty hauler licenses to be increased from the limit of 24 annual
specialty hauler licenses to 40.
ITEM BACKGROUND: The County has a Specialty Hauler Program (Program) which regulates
the collection and processing of certain special solid waste in Monroe County. 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 enacted Ordinance 003-2017 in 2017. As part of
Ordinance 003-2017, the County provided that no more than 24 annual licenses would be issued
each year expecting that 24 licenses would be sufficient to meet the market demands. 5 year later,
the County Solid Waste Department has now issued all 24 annual licenses. In consideration of the
growth of Monroe County and request for additional licenses by other businesses wishing to serve
Monroe County with specialty hauler services, staff seeks to increase the total numbers of licenses to
40 annually
PREVIOUS RELEVANT BOCC ACTION: At the October 19, 2016 meeting, BOCC directed
reporting while ensuring the new system captured the revenue stream that was intended by the
existing system. At the January 18, 2017 meeting, the BOCC gave direction on options presented.
The BOCC approved on 3/15/17 Ordinance No. 003-2017
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to advertise for Public Hearing to be held at June 15,
2022 meeting.
DOCUMENTATION:
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ORDINANCE AMENDING SEC 21-72 TO INCREASE THE ANNUAL SPECIALTY HAULER
LICENSE FROM 24 TO 40-signed
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
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: If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
N/A
REVIEWED BY:
Cheryl Sullivan Completed 05/03/2022 2:15 PM
Christine Limbert Completed 05/03/2022 2:28 PM
Purchasing Completed 05/03/2022 2:52 PM
Budget and Finance Completed 05/03/2022 2:57 PM
Maria Slavik Skipped 05/03/2022 11:40 AM
Lindsey Ballard Completed 05/03/2022 3:47 PM
Board of County Commissioners Pending 05/18/2022 9:00 AM
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ORDINANCE NO. _____ 2022
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 21-72(a), REGULATION OF
SPECIALTY HAULERS AND TRANSFER STATIONS, TO
ALLOW FOR THE NUMBER OF ANNUAL SPECIALTY
HAULER LICENSES TO BE INCREASED FROM THE
LIMIT OF 24 ANNUAL SPECIALTY HAULER LICENSES
TO 40; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, The County has a Specialty Hauler Program (Program) 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 enacted Ordinance 003-
2017in 2017; and
WHEREAS, as part of Ordinance 003-2017, the County provided that no more than 24 annual
licenses would be issued each year expecting that 24 licenses would be sufficient to meet the
market demands; and
WHEREAS, the County Solid Waste Department has now issued all 24 annual licenses; and
WHEREAS, in consideration of the growth of Monroe County and request for additional
licenses by other businesses wishing to serve Monroe County with specialty hauler services, staff
seeks to increase the total numbers of licenses to 40 annually; and
WHEREAS, §125.0l(1)(k) 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: Section 21-72(a) shall be amended to read as follows (Note: Deletion of language
is noted in strike-through text and addition of language is noted in underlined text):
Sec. 21-72. 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
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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 24 40 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.
(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.
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SECTION2: 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 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.
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 held on the 15th day of June, 2022.
Mayor David Rice, District 4 _______
Mayor Pro Tem Craig Cates, District 1 _______
Michelle Coldiron, District 2 _______
James K. Scholl, District 3 _______
Holly Merrill Raschein, District 5 _______
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
(SEAL) Mayor David Rice
ATTEST: KEVIN MADOK, CLERK
By:
As Deputy Clerk
604033
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