CITY OF TALLAHASSEE
CITY COMMISSION AGENDA ITEM
ACTION REQUESTED ON: January 28, 2009
SUBJECT/TITLE: First and Only Public Hearing on Ordinance No. 09-O-07AA; Revising the Meeting Schedule and Functions of the Construction Industry Review Committee and Approval of Necessary Bylaws Changes
TARGET ISSUE: Long Range Planning

STATEMENT OF ISSUE
In 1994, the City Commission approved Ordinance No. 94-O-0020, which established the City’s Construction Industry Review Committee (CIRC) to exercise disciplinary control and oversight over local contractors who received certificates of competency from the City in plumbing, electrical, mechanical, and natural gas. On July 9, 2003, the City Commission approved Ordinance 03-O-44 that took the City to a single tier contractor licensing system in line with the State’s processes. Upon approval of Ordinance 03-O-44, the City no longer issued contractor competency cards for plumbing, electrical, mechanical and natural gas contractors. The CIRC continues to handle disciplinary issues for these contractors, but the level of work for the CIRC has decreased; and the CIRC requests that the City Commission amend the Land Development Code to revise its duties and meeting schedule. The City Attorney’s Office has drafted an ordinance amending the Land Development Code to allow the CIRC to meet on an as-needed basis for disciplining contractors. Other administrative duties of the CIRC will be shifted to the Building Official. Ordinance No. 09-O-07AA is before the City Commission for public hearing and action. (Attachment 1) In addition, if the ordinance is approved, the bylaws will need to be revised. The revised bylaws are attached for action only if the ordinance is approved. (Attachment 2)

CHANGE MADE AFTER INTRODUCTION
The ordinance was introduced on January 14, 2009, and has been amended to provide an exam for mechanical journeyman.

Mayor Marks and Commissioner Lightsey of the Long Range Planning Target Issue committee are sponsors of this ordinance.

RECOMMENDED ACTION
Approve Option 1: Hold the first and only public hearing on Ordinance No. 09-O-07AA, and approve the ordinance. Following approval of the ordinance, approve the revised bylaws attached as Attachment 2.

FISCAL IMPACT
With fewer CIRC meetings, staff costs should decrease.

James R. English, City Attorney

For Information, please contact: Linda Hudson, Assistant City Attorney, Ext. 8554

SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
In 1994, the City Commission approved Ordinance No. 94-O-0020, which included the establishment of the City’s Construction Industry Review Committee (CIRC). The City was required to have such a committee by Florida Statutes to exercise disciplinary control and oversight over contractors who received certificates of competency from the City in plumbing, electrical, mechanical, and natural gas. The CIRC also approves applicants to take examinations to be qualified as Master plumbers, electricians, mechanical, and natural gas fitters. If the applicant passes his/her examination, the CIRC certifies him/her as plumbing, electrical, mechanical and natural gas contractors.

On July 9, 2003, the City Commission approved Ordinance 03-O-44 that took the City to a single tier contractor licensing system in line with the State’s processes. Upon approval of Ordinance 03-O-44, the City no longer issued contractor competency cards for plumbing, electrical, mechanical and natural gas contractors. The CIRC no longer has duties related to those competency cards, but continues to handle disciplinary issues for contractors and to approve applicants for issuance of journeyman certification in plumbing, electrical, and gas fitting.

The level of work for the CIRC has decreased since 2003, and the CIRC requests that the City Commission amend the Land Development Code to revise its duties to shift the approval of applicants for issuance of journeyman certification to the Building Official and to revise its meeting schedule to allow it to meet at least once a year, but only as needed for disciplinary matters. The CIRC generally handles no more than 2-3 disciplinary matters per year.

Recognizing the change in its role and aware of the decreasing need for regular meetings, the CIRC members asked staff to prepare options for its future. City staff proposed several options, including transfer of CIRC duties to the County construction industry review board, merger of the CIRC and the County board, and revising the CIRC’s duties to limit it to disciplinary matters and have it meet on an as-needed basis to address those matters. With City staff’s full support, the CIRC chose the third option (revising its duties and meeting on an as-needed basis). This option will allow the City to continue to monitor problems, if any, with contractors in the City. (Attachment 1) The revised CIRC bylaws are before the City Commission for approval if the ordinance is approved. (Attachment 2)

City staff met with the Long Range Planning Target Issue committee on November 19, 2008, to explain the reasons for the CIRC’s request and the options it reviewed. The Long Range Planning commissioners agreed to sponsor the ordinance accomplishing the changes requested by the CIRC.

Under the proposed ordinance, the Land Development Code (and the CIRC bylaws) would be amended (Attachments 1) to shift responsibility for approving journeymen applicants for examinations from the CIRC to the Building Official; and to revise the CIRC’s meetings to an as-needed basis. The CIRC will meet only when a complaint against a contractor is brought to it, but will meet at least once a year for the purpose of handling administrative matters and electing officers. It is anticipated that the CIRC will
meet only 2-3 times a year. The Building Official or his designee will handle review of qualifications and approval of journeymen applicants to take the examinations. Staff has historically performed the reviews and made recommendations to the CIRC; the only change in the process will be that the recommendations will now be made to the Building Official.

The CIRC and its independent counsel (Knowles and Randolph) have reviewed and approved the proposed changes to the Land Development Code and the CIRC bylaws.

The City Attorney’s Office has drafted Ordinance No. 09-O-07AA amending the Land Development Code to allow the CIRC to meet on an as-needed basis for disciplining contractors and shift other duties to the Building Official. Ordinance No. 09-O-07AA is before the City Commission for the first and only public hearing and for action. (Attachment 1) If the attached ordinance is approved, the City Commission will need to review and take action on the revised bylaws, attached as Attachment 2. The bylaws were revised to reflect the new as-needed meeting schedule, the revised CIRC duties, and to streamline hearing procedures.

OPTIONS
1. Hold the first and only public hearing on Ordinance No. 09-O-07AA, and approve the ordinance. Following approval of the ordinance, approve the revised bylaws attached hereto as Attachment 2.

2. Hold the first and only public hearing on Ordinance No. 09-O-07AA, and approve the ordinance, as revised by the City Commission. Following approval of the ordinance, approve the revised bylaws attached hereto as Attachment 2, with further revisions to incorporate the revisions to the approved ordinance.

3. Hold the first and only public hearing on Ordinance No. 09-O-07AA, and do not approve the ordinance.

ATTACHMENTS/REFERENCES

1. Proposed Ordinance No. 09-O-07AA.
2. Proposed revised CIRC bylaws.