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Item P05BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2008 Division: County Attorney Bulk Item: Yes X No _ Department: Natileene W. Cassel Staff Contact Person/Phone #:292-3470 AGENDA ITEM WORDING: Approval of the unanimous recommendation from the Contractor's Examining Board to appoint Mr. Rudy Krause, as a regular member of the Board for an initial three (3) year term to begin January 19, 2009; and approval to reappoint the Mr. Charles Miller as an alternate member, for another term to begin January 1, 2009. ITEM BACKGROUND: At the November 12, 2008 meeting, the Contractor's Examining Board unanimously recommended Mr. Rudy Krause for a three-year term as a regular member of the Contractors Examining Board. Mr. Rudy Krause is a certified building contractor, who has served as past -president of the Contractors Association, and has resigned that position in order to be considered by the BOCC. He would be taking the position previously held by Mr. Edward Werling, whose term expires in January 18, 2009, and who does not desire an additional term. At the November 12, 2008 meeting of the Contractor's Examining Board, Mr. Charlie Miller was recommended unanimously for another term as an alternate member. Mr. Miller is a certified general contractor who has diligently served on the CEB since January 28, 2006. The Contractor's Examining Board recommends BOCC approval for both of these appointments. The Monroe County Code Section 6-84(a) requires that BOCC appoint members to the Contractors Examining Board. The members of the Contractor's Examining Board serve without compensation for three-year terms. There are no term limits for service on the Contractor's Examining Board per Monroe County Code Section 6-85. PREVIOUS RELEVANT BOCC ACTION:: Approval to reappoint Mr. Joseph Veirick, as a regular member, Ms. Peggy J. Bankester, as a regular member, and Mr. Frank Toppino, as an alternate member, was granted by the BOCC on February 20, 2008. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST.-0- Members serve for free COST TO COUNTY: -0- BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year G APPROVED BY: County Atty X_0 OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # ARTICLE III. CONTRACTORS, SUBCONTRACTORS, MASTERS, JOURNEYMEN... Page 1 of 2 DIVISION 2. EXAMINING BOARD* *Editor's note: Division 2 was formerly entitled "Examining and Examiners Mediation Boards." Since the examiners mediation board provisions were repealed by Ord. No. 21-1986, the editor has changed the division title to "Examining Board." Sec. 6-83. Created. The following examining board is hereby created: (1) One (1) person holding an engineering I card. (2) One (1) person holding a contractors I card. (3) One (1) person holding a master plumber's card. (4) One (1) person holding a master electrician's card. (5) One (1) person holding a master mechanical card. (6) Two (2) 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 said alternates. (7) Three (3) 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. (Ord. No. 16-1975, § 6(A); Ord. No. 10-1993, § 1; Ord. No. 25-1998, § 1; Ord. No. 004-2005, § 1) Sec. 6-84. Appointment; secretary, etc. (a) The examining board shall consist of eight (8) regular voting members and two (2) 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 or trades 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 (8) regular member composition shall, at all times, include at least one (1) representative from each of the Lower, Middle and Upper Keys of Monroe 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 or the examining board for the profession or occupation_ Each regular member who is a licensed contractor shall have five (5) 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 priormember of the contractor's examining board and shall be currently involved as a licensed contractor. http://Iibrary2.municode.com/default/DocView/l 1270/1 /54/57 11 /25/2008 ARTICLE 111. CONTRACTORS, SUBCONTRACTORS, MASTERS, JOURNEYMEN... Page 2 of 2 (Ord. No. 16-1975, § 6(13); Ord. No. 46-1988, § 1; Ord. No. 10-1993, §§ 2, 3; Ord. No. 25-1998, §§ 2, 3; Ord. No. 004-2005, § 2) Editor's note: Section 1 of Ord. No. 46-1988, adopted Oct. 4, 1988, added provisions to § 6-84 designated by the editor as subsection (b), with the existing provisions of the section designated as subsection (a). Sec. 5-85. Terms of office; removal, vacancies. (a) Each member, regular or alternate, shall be selected for a period of three (3) 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 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 (5) 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 thirty (30) days after such vacancy occurs. (d) Any regular member of the contractor's examining board who absents himself from any three (3) consecutive regular meetings of the contractor's 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 (4) 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 Monroe County shall thereupon appoint a newmember to serve the remainder of the unexpired term for the member so removed. (Ord. No. 16-1975, § 6(C); Ord. No. 46-1988, § 2; Ord. No. 18-1991, § 1; Ord. No. 10-1993, §§ 4--7; Ord. No. 038-2003, § 1; Ord. No. 005-2007, § 1) http://Iibrary2.municode.com/default/DocView/I 1270/1/54/57 11/25/2008 The Present Members of the Contractor's Board are: 1) Steve R. Henson, Chairman, Certified General Contractor, engineering card, Lower Keys 2) William (Bill) Kelly III, Vice Chairman, Electrical contractor, electrician card, Middle Keys 3) Jonathon Barth, Certified Air Conditioning Contractor, mechanical card, Upper Keys 4) Gary Centonze, Certified Plumbing Contractor, plumber's card, Lower Keys S) Edward Werling, Certified Building Contractor, contractors card, Lower Keys b) Peggy J. Bankester, Lay person member, Lower Keys 7) Joseph Vetrick, Lay person member, Upper Keys S) Vacancy for Lay Person Alternate members: 1) Charles Miller, Certified General Contractor, Middle Keys 2) Frank Toppino, Engineering Contractor, Lower Keys