Item Q5 Q.5
Co �� � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
June 15, 2022
Agenda Item Number: Q.5
Agenda Item Summary #10675
BULK ITEM: No DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan (305) 292-4536
1:30 P.M.
AGENDA ITEM WORDING: A Public Hearing to consider adoption of an ordinance amending
Monroe County Code Section 21-72(a), regulations 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.
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: PREVIOUS RELEVANT BOCC ACTION: At the
October 19, 2016 meeting, BOCC directed staff to work with the specialty haulers to develop a
revised program to eliminate the "honor system" 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:
Allow for the number of annual Specialty Hauler Licenses to be increased from the limit of 24
annual to 40.
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Q.5
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
ORDINANCE AMENDING SEC 21-72 TO REVISE SPECIALTY HAULER LICENSE
Notice of Intent to adopt ordinance - Solid Waste Management
FINANCIAL IMPACT:
Effective Date: NA
Expiration Date: NA
Total Dollar Value of Contract: NA
Total Cost to County: NA
Current Year Portion: NA
Budgeted: NA
Source of Funds: NA
CPI: NA
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts: NA
Revenue Producing: NA If yes, amount:
Grant: NA
County Match: NA
Insurance Required: NA
Additional Details:
N/A
REVIEWED BY:
Cheryl Sullivan Completed 05/27/2022 12:47 PM
Christine Limbert Completed 05/27/2022 3:29 PM
Kevin Wilson Completed 05/27/2022 3:38 PM
Purchasing Completed 05/27/2022 3:40 PM
Budget and Finance Completed 05/31/2022 8:55 AM
Maria Slavik Skipped 05/27/2022 3:29 PM
Lindsey Ballard Completed 05/31/2022 10:38 AM
Board of County Commissioners Pending 06/15/2022 9:00 AM
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Q.5.a
ORDINANCE NO. —2022
2
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
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LIMIT OF 24 ANNUAL SPECIALTY HAULER LICENSES
TO 40; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT a
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 0
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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- W
2017 in 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 X
market demands; and
WHEREAS, the County Solid Waste Department has now issued all 24 annual licenses; and U
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 W
WHEREAS, §125.01(1)(k) and § 403.706 Florida Statutes, authorizes the N
County to enact such an ordinance;
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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SECTION 1: Section 21-72(a) shall be amended to read as follows (Note: Deletion of language
is noted in se �hr-ettgh text and addition of language is noted in underlined text):
Sec. 21-72. Regulation of specialty haulers and transfer stations. U
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(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; 0
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 E
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Q.5.a
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: X
(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
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license must currently be in good standing with the Florida Department of State, LO
Division of Corporations.
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(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. E
(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 0
effect.
(4) The applicant shall provide a list of vehicles by size and type, including the vehicle W
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.
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(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:
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a. No unsatisfied judgments against him resulting from the collection or disposal of 5;
any domestic solid waste or special solid waste as defined in this article; and W
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 N
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 w
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holder of a license shall furnish evidence of the above-described insurance prior to
having his license renewed each year. U
(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 0
Compensation Law of the state have been complied with prior to having his license
renewed each year.
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Q.5.a
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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.
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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.
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SECTION 4: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed �s
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. 0
Mayor David Rice, District 4 W
Mayor Pro Tem Craig Cates, District 1 W
Michelle Coldiron, District 2 U
James K. Scholl, District 3
Holly Merrill Raschein, District 5
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BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA W
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By:
(SEAL) Mayor David Rice
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ATTEST: KEVIN MADOK, CLERK
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By:
As Deputy Clerk
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 15,2022,at 1:30 P.M.,
or as soon thereafter as the matter may be heard,at the at the Murray Nelson Government Center BOCC
Room, 102050 Overseas Hwy., Key Largo, Florida, the Board of County Commissioners of Monroe
County, Florida,intends to consider adopting the following ordinance:
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING MONROE CL
COUNTY CODE SECTION 21-72(a), REGULATION OF
SPECIALTY HAULERS AND TRANSFER STATIONS, TO
ALLOW FOR THE NUMBER OF ANNUAL SPECIALTY a
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 0
DATE.
The public can participate in the June 15, 2022, meeting of the Board of County Commissioners of
Monroe County,FL by attending in person or via Communication Media Technology("CMT")using
a Zoom Webinar platform by following the detailed instructions below. The public is strongly
encouraged to watch the meeting on Monroe County's MCTV on Comcast Channel 76, AT&T U-verse
Channel 99 or on the County's web portal live meetingwith
Simply select the "Watch Live"banner to view the 1 closed-captioning on an integrated
page that includes the Agenda and Agenda Backup.
If a citizen has a Roku device, they can search for and add "MCTV" to their personal lineup. Monroe
County's "MCTV"is also provided via the Monroe County mobile apps for 10S and Android and through
our streaming web portal @ tlllp, //irioti c� il.vod castLu tv/vod/°I v( ci:.:I.:.&nav:jjve,.
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Citizens can listen to audio-only from their phones by dialing(646) 518-9805 or(669) 900-6833 and,when 0
prompted, enter the Webinar ID 816 4884 2482 followed by the 9 key.
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The public can comment during the live Public Hearing either by phoning in or by connecting to the
live Zoom webinar link using the following instructions:
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a) To comment on an item by phone: Dial (646) 518-9805 or (669) 900-6833 and, when
prompted, enter the Webinar ID 816 4884 2482 followed by the 9 key, then *9 to "Raise 0
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your Hand"to be recognized by the Zoom webinar host.
b) To comment on an item usine the live Zoom webinar link: Open this live Zoom webinar a
link (that also appears in both the published
Agenda and Agenda Packet). When prompted, enter your email address and name to join
the webinar. When the Mayor calls for speakers on the item(s) on which you wish to
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Q.5.b
comment, or when the Board is nearing your item(s) as the meeting progresses, select
the "Raised Hand" feature that appears at the bottom of the Zoom webinar screen to be
recognized by the Zoom webinar host.
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The Zoom webinar host will request the item 9 on which you wish to speak and enable your participation U
when the Mayor calls for public speakers on your item. To report problems with the broadcast or
participation in the Zoom webinar,please call(305) 872-8831.
Pursuant to Section 286.0105,Florida Statutes,notice is given that if aperson decides to appeal any decision
made by the Board with respect to any matter considered at such hearings or meetings,he will need a record
of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the CL
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
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ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order
to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292- �
4441, between the hours of 8:30a.m.-5:00p.m.,prior to the scheduled meeting; if you are hearing or a
voice-impaired, call "711': Live Closed-Captioning is available via our web portal @
f !,tL.gsm for meetings of the Monroe County Board of 0
County Commissioners.
Dated at Key West, Florida, this 1st day of June, 2022.
(SEAL) KEVIN MADOK, Clerk of the Circuit Court and
ex officio Clerk of the Board of County Commissioners
of Monroe County, Florida
Publication Dates: 0
Key West Citizen (Sat.) 06/04/2022
Keys Weekly (Thur.) 06/02/2022
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News Barometer(Fri.) 06/03/2022
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