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Ordinance 008-2022ORDINANCE NO. 008 — 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- 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 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, §125.01(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 ske �hr-ettgh 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 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. 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. Mayor David Rice, District 4 Yes. — Mayor Pro Tern Craig Cates, District I Michelle Coldiron, District 2 James K. Scholl, District 3 1--l1lly Merrill Raschein, District 5 BOARD OF COUNTY COMMISSIONERS OF MONROE . COUNTY, FLORIDA ...... . .. .. .. .. jl By: AIJ, Mayor David Rice AVIESTOXT,VfN MADOK, CLERK By: As De' puty Clerk MONROE COUNTY A17ORNEY rJMW.NE LIMBPRDBARROWS ASSWANY(MUNTY AITORNEV DAIT: r .2 ..,- �M2 MONROE CO SOLID WASTE 1100 SIMONTON ST ROOM 2-231 KEY WEST FL 33040 Account: 420450 Ticket: 3849248 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Melinda Prescott , who on oath says that he or she is The legal advertising representative of the Key West Citizen, a five day newspa- per published in Key West, in Monroe County, Florida; that the attached copy of advertisment, being a legal notice in the matter of ORDINANCE HAULERS was published in said newspaper in the issues of: Saturday, June 4, 2022 Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida Tuesday thru Saturday weekly, and has been entered as periodicals matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertise- ment for publication in the said newspaper. (Signature ofAffiant) Affirmed and subscribed before me this 24th day of June 2022 (Notary Public Signature) Laura M Robins (Notary Public Printed Name) My commission expires 9/26/2022 Personally Known X Produced Identification Type of Identification Produced (Notary Seal) 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 Coun- ty Commissioners of Monroe County, Florida, intends to consider adopting the following ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COM- MISSIONERS AMENDING MONROE COUNTY CODE SECTION 21-72(a), REG- ULATION 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 SPE- CIALTY HAULER LICENSES TO 40; PRO- VIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; AND PROVID- ING FOR AN EFFECTIVE 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 Technol- ogy ("CHIT") using a Zoom Webinar platform by following the detailed in- structions below. The public is strong- ly 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 @ http:H monroecountyfl.igm2.com/Citizens/De- fault.aspx. Simply select the "Watch Live" banner to view the live meeting with live closed -captioning on an inte- grated 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 Mon- roe County mobile apps for iOS and An- droid and through our streaming web portal @ https://monroe-fl.vod.castus. tv/vod/?Iive=chl &nav=live. Citizens can listen to audio -only from their phones by dialing (646) 518-9805 or (669) 900-6833 and, when prompt- ed, enter the Webinar ID 816 4884 2482 followed by the # key. The public can comment during the live Public Hearing either by phoning in or by connecting to the live Zoom webi- nar link using the following instruc- tions: a) To comment on an item by phone: � irtati'rry F"ub9ic Stale at FYorJde - Lauri Fi�6ns Dial (646) 518-9805 or (669) 900- t ty Gammiaseon GG 2B7S9 6833 and, when prompted, en- £xpitea R38/26ID22 ter the Webinar ID 816 4884 2482 followed by the # key, then *9 to "Raise your Hand" to be recog- nized by the Zoom webinar host b) To comment on an item using the live Zoom webinar link: Open this live Zoom webinar link @ https:H mcbocc.zoom.us/j/81 648842482 (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 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. The Zoom webinar host will request the item # on which you wish to speak and enable your participation 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 a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meet- ings, he will need a record of the pro- ceedings, and that, for such purpose, he may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE. If you area person with a disability who needs special accommodations in order to partici- pate 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 hear- ing or voice -impaired, call "711 ". Live Closed -Captioning is available via our web portal @ http://monroecounty- fl.igm2.com/Citizens/Default.aspx for meetings of the Monroe County Board of County Commissioners. Dated at Key West, Florida, this 1st day of June, 2022. KEVIN MADOK, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida 6/4/22 KEY WEST CITIZEN WE 9 E KaL Published Weekly Marathon, Monroe County, Florida STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared JASON KOLER who on oath, says that he is PUBLISHER of the WEEKLY NEWSPAPERS, a weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) o//f� publication) 7 t r 1 e— ram. e e ©ih 1Il Affiant further says that the said WEEKLY NEWSPAPERS is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published In said Monroe County, Florida, once each week (on Thursday) and has been qualified as a second class mail matter at the post office in Marathon, In Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that ih eekly Newspapers is in ft1It QNT)p),I.gntwtm, with Chapter 50 of the ggJclo.. State Statutes on Legal apt C3,f�c�l A,c��r�r�'st�rlts, Sworn to and lbscribed before me fl�lis day of 2022. (SEAL,) Notary CHARLOTTE HRUSKA �N �w MY COMMISSION # �G 221835 r,�1GGl y EXPIRES: September 1, 2022 1u" ;ry Bonded Thru Normry Public Underwriters w� 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 TO E OFTHE MONROE ID OF COUNTY ' iRS AMENDING NTY CODE !(a), REGULATION HAULERS AND TIONS TOALLOW 3ER OFANNUAL JEER LICENSES" iED FROM THE JNUAL SPECIALTY SES TO 40; �R SEVERABILITY; R REPEAL OF ALL DATE. oartklmlite In from their phones by dialing (646) 518-9805 or (669) 900-6833 and, when prompted, enter the Webinar ID 816 4884 2482 followed by the # kely, 11t5 tubllcconcompeolduting; t'he)�vdPUbIktlrradm eltbetby pholtlil n,orbytonfiect09 the ll %bm weblinar I&0 using', then ldlloWnsg lnstructionsn al "torlo8wm�rerpte�rlarrltarmdy ,: yultrnr� AFai(8�8)518"��°� ci (66% 900, 033 d nck when proplot0d, erIt6r the Oeblrror (tJ 8164884 2482followeq bythe, key' them*9fo"Ra1se �outHard, ICr'l, e n e:ogNzed by the Zoom webinar host. b) To comment on an item using the live Zoom webinar link: Open th4s liveZoom web'l(nmr n41r3o h'k'rncIR'vnrrYvrwrr 'xnr5etp the hottorn otme zooni *e W nar screen to be recognized by the in the Zoon,j wiMnar, please call GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe Count Florida o p Y, E cOVN July 18, 2022 Department of State Adiiiiiiistrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is a copy of Orduiance No. 008-2022 atnenduig Monroe Comity Code Section 21-72(A), Regulation of Specialty Haulers and Transfer Stations, to allow for the number of aiuival specialty hauler licenses to be increased from the limit of 24 aiuival specialty hauler licenses to 40; proNriduig for severability; pro�"I I for repeal of all Orduiances inconsistent herewith; and provriduig for an effective date. This Orduiance was adopted by the Monroe County Board of Cotulty Commissioners at a regular meeting, held iii formal session, on June 15, 2022. Should you have any questions please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller & ex-officio to the Monroe County Board of County Commissioners bp.• Pamela G. Hancock, D. C. cc: Lngmeeririg County Administrator County Attorney_ MuniCode BOCC File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305-294-4641 305-289-6027 305-852-7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305-852-7145 RON DESANTIS Governor July 18, 2022 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela Hancock Dear Kevin Madok: CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 008-2022, which was filed in this office on July 18, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 From: ordsC6municode.com To: cameo-abraC6monroecounty-fl.00v; Pamela G. Hancock Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 25 Update 1 Date: Monday,July 25,2022 12:58:24 PM ****THIS IS AN AUTOMATICALLY GENERATED EMAIL* Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 25 Update 1 Ordinance No. 007-2022 6/15/2022 7/25/2022 7DF Ordinance o. 008-2022 6/15/2022 7/25/2022 77 Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly.