Loading...
1993, March Revised 3/93 - MO:@OE COUNTY BOARD QF_QQ!lliITCg~I_!)!)_!QNEIi~ ADMINISTRATIVE PRQQ.E;RIJ.@S SECTION 1 Section 1.01 - Governing Rules: Except as may be provided by these Rules and By-Laws, questions of order, the methods of organization and the conduct of business of the Commission shall be governed by Robert's Rules of Order, Newly Revised, 1990 Editi.on, and by adopted policy decision of the Commission. Section 1.02 - Meetings: (a) Regular Meetings: The County Commission shall hold regular meetings every third Tuesday and Wednesday, commencing at 1:00 p.m. on Tuesday and 9:00 a.m. on Wednesday, on a regular rotation basis in Marathon, Key West and Key Largo. No meeting shall be scheduled when the day fixed for a regular meeting falls on a day designated as a holiday. Regular meetings may be postponed or cancelled by Board action and may be rescheduled on another sui table day. Regular meetings shall normally be held in the following locations: Key Colony Beach City Hall, Key Colony Beach, Marathon; Monroe County Courthouse, 500 Whitehead Street, Key West; Key Largo [,ibrary, Key Largo. Wi th advance notice, in extenuating circumstances, the Chairman and/or the County Administrator may designate other suitable locations. The Board of County Commissioners shall not schedule any particular time of the year as a vacat.ion period, but shall individually stagger their vacation times soth"t the Board may continue to function throughout the year. (b) Special Meetings: A special meeting of the Commission may be called by the Chai nnan whenever, opinion, the public business may require it, and shall whenever a majority of the Commission request" special County in hi s be called meeting. Whenever a special meeting shall be called by the Chairman, a written request signed by the Chairman shall be delivered to the Clerk; and whenever a special meeting shall be called by members of the Commission, a written request signed by at least two (2) members of the Commission shall be delivered to the Clerk. The request shall state the purpose of the meeting. The Clerk shall forthwith serve either verbal or written notice, unless specifically waived, upon each member of the Commission, the County Admini strator and the County Attorney, stating the date, hour and the place of the meeting and the purpose for which such meeting is being called. The Clerk shall insure that proper notice is given under statutp and Attorney General Opinion per F.S. 286.011. - Jonroe County Board of County Commissioners Administrative Procedures Page Two No other business shall be transacted at that meeting unless, in the opinion of the County Mayor or Administrator, the County's best interes~would be served if additional items were considered and an appropriate written agenda has accordingly been promulgated by the County Administrator's office a minimum of one (1) working day in advance of the special meeting, or a full five (5) member quorum is present and unanimously agrees to \ additional items. The Clerk in his notice of special meeting shall allow at least four (4) hours to elapse between the call of the meeting and the date and hour of the meeting. If, after reasonable diligence, it was impossible to give notice to each Commissioner, such failure shall not affect the legality of the meeting if a quorum be in attendance. The minutes of each special meeting shall show the manner and method by which notice of such special meeting was given to each member of the Commission or shall show a waiver of notice. All special meetings shall be open to the public and shall be held and conducted in an appropriate location designated by the Chairman or the County Administrator. Minutes thereof shall be kept by the Clerk as is kept for regular meetings. Section 1.03 - Agenda: (a) An agenda will be prepared by the County Administrator's office for every regular meeting or special meeting of the Commission. A written add-on agenda shall be prepared by the County Administrator's office for every regular meeting or special meeting of the Commission, if necessary, and ~'v.~will be considered an official agenda. The Commission shall not ~z take action on any matter, proposal, report of item of business 'which is not listed upon the official agenda, unless there is rt\^(ol/i~ \.l.naIJ.:':'w....,tl.3 consent of the me!nbcrs of the Commission prcs:::::lt on J the day of a scheduled meeting to the presentation thereof for consideration and action. Invocation will be a moment of silent prayer. All regular meeting agenda items will be delivered to the Administrator's office by 12:00 noon on the second Friday preceding the scheduled meeting date. Add-on agenda items will be delivered to the Administrator's office by 12:00 noon on the Thursday preceding the scheduled meeting date. The agenda shall be prepared and distributed not later than six (6) days preceding the meeting on Tuesday. (b) . Regular Meeting Agenda: Matters for action may be placed on the regular meeting agenda only by a Commissioner, the County Attorney, County Clerk and County Administrator, with written comments and/or recommendations from staff as is appropriate. Monroe County Board of County Commissioners Administrative Procedures Page Three - (c) Sounding Board: To provide t.hat any member of the public who wishes, may have the opportunit.y t.o address the Board of County Commissioners, a separate section of the agenda for regular meetings wi 11 be called Sounding Board. Sounding Board will provide a time certain, for public convenience, and will allow individual persons t.o address t.he Board for a period of ten (10) minutes, regardless of the number of speakers. Others who wish to speak on the item will be allocated five (5) minutes if representing a group or organization and three (3) minutes for an individual. Individuals wishing to address the Board of County Commi ssioners shall contact the County Admini strator to _ be included on the agenda and shall adhere to agenda deadlines herein established. (d) Presentations wi 11 be 1 im i tpd to a mAximum of fifty minutes. - (e) Appeals of the Planning Commission decisions before the County Commission shall be limited to twenty minutes of oral argument for each party and the appell Rnt may reserve five (5) minutes for rebuttal.-- (f) A speaker for agenda items which indi vidual or small group of persons, such as will be allocated a maximum of ten (10) minutes only impacts an a refund request, (g) When necessary, the Board of County Commissioners shall convene as the Board of Appeals to ,:ol1sidel' slIch appeals as may be required. Such hearings shall be c;chechlled for a time certain on the day it is adverti.sed by 1I1P County Ai:torney. Such appeal shall be scheduled on the ncr"nda. The Board shall consider the appeal and by motion adopt a resolution affirming or denying said appeal and all such motions shall include authorization for the Chairman of U,,, Board to execute said resolution when prepared. Section 1.04 - Presiding Officer, Election, ~Ities: (a) Chai rman: The Presi di ng Offi eel of the Commi ssion is the Chairman, who shall be elected by n majnr.ity vote of the members present at the first ,'egular meeti I1g of a new Board in an election year, and at t.he first n'qu181 mpeting in November in non-election years. Selection of the Chairman shall be by nomination from the floor, with no second required, followed by alphabetical roll call vote of Commissioners on each nomination, in order of the nominations made. Selection of the Vice Chairman shall be in an identical manner. Monroe County Board of County Commissioners Administrative Procedures Page Four - (b) Vice Chairman: If, for any reason, the Chairman is absent or unable to perform his duties, the Vice-Chairman, who will have been elected under the same circumstances as the Chairman, shall succeed him. If the Commission determines that the disability or absence is expected to extend for a period of time in excess of the length of the mee ting at which thi s is determined, a new Vice-Chai rman shall be elected by a maj ori ty of the members present at the meeting. (c) Presiding Officer: The Presiding Officer shall preserve strict order and decorum at all meetings of the Commission. A majority vote of the members present shall govern and conclusively determine all questions of order not otherwise covered. The Presiding Officer may vote on all questions, his name being called last. The Chairman shall sign all ordinances and resolutions adopted by the Commission during his presence. In the event of the absence of the Chairman, such ordinances and resolutions shall be signed by the Presiding Officer. Section 1.05 - Parliamentarian: The County Attorney or his parliamentarian and shall advise Officer in matters of parliamentary designee and assist law. shall the act as Presiding Section 1.06 - Attorney: The County Attorney, or designee, in his absence, shall be available to the Commission at all meetings unless excused by the Board. He shall draw ordinances and resolutions for any member of the Commission when and as direccted. Section 1.07 - Call to Order: The Chairman shall take the chair at the hour appointed for the meeting and shall immediately call the Commission to order. In the absence of the Chairman, and the Vice-Chairman, the Clerk shall then determine whether a quorum is present and in that event shall call for the election of temporary Chairman. Upon the arrival of the Chairman or the Vice-Chairman, the temporary Chairman shall relinquish the chair upon the conclusion of the business immediately before the Commission. Section 1.08 - Roll Call: Before proceeding with the business of the Commission, the Clerk or his designee shall ca.1 1 the rol J of the members in alphabetical order unless the Chairman stipulates all are present and the names of those present shall be entered in the minutes. Monroe County Board of County Commissioners Administrative Procedures Page Five - Section 1.09 - Quorum: A majority of the whole number of members of the Commission shall constitute a quorum. No ordinance, resolution or motion shall be adopted by the Commission without the affirmative vote of the majority of all members present. Should no quorum attend within thirty (30) minutes after the hour appointed for the meeting of the commission, the Chairman, or the Vice-Chairman, or in their absence, the Clerk or his designee, may adjourn the meeting until the next day, unless by unanimous agreement those members present and their action at such meeting shall be recorded in the minutes by the Clerk. Section 1.10 - Order of Business: All meetings of the Commission shall be open to the public. Promptly at the hour set forth for each meeting, the members of the Commission, the County Attorney, the County Administrator and the Clerk shall take their regular stations in the Commission Chamber, and the business of the Commission shall be taken up for consideration and disposition in accordance with the agenda for the meeting. The agenda shall consti tute the order of business, unless otherwi se determined by a maj ori ty of the members present. Section 1.11 - Rules of Debate: (a) Each meeting agenda shall state: "Any person who wi shes to be heard shall, prior to the item being called, provide the Clerk wi th hi s or her name and residence, and agenda item on which he or she wi shes to be heard. An individual has three minutes and a person representing an organization has five minutes to address the Board." For Land Use items, the time statement will be: "Five minutes are allowed for each person to address the Board." (b) Questions under Consideration: has been announced by the Clerk, t.he Chairman of any persons who wish to be conclusion of audience participation, consider the item. When an item of business Clerk shall noti fy the heard on that item. Upon the Board shall then After the Board has begun its di scussion of the item, no further audience participation shall be permitted, unless by Board majority a member of the audience is permitted to respond to specific questions from the Commissioners. A motion must be made and properly seconded in order for official action to be taken by the Board. The presenter/mover shall be allowed to address the Commission on the motion initially, whereupon each of the other Commissioners shall be allowed to address the Commission on the motion before the Board on any matter in alphabetical order as is done on regular roll call except the presenter/mover shall have the right. to address the Board initially and to close the debate on lehe matter under consideration. Monroe County Board of County Commissioners Administrative Procedures Page Six -- (c) As to the Chairman: The Chairman or such other member of the Commission as may be presiding may move, second, and debate from the chair, subject only to such limitations of debate as they are by those rules imposed upon all members and shall not be deprived of any of the rights and privileges of a Commissioners by reason of his being the Presiding Officer. (d) Obtaining the Floor, Improper References to be Avoided: Every member desiring to speak for any purpose shall address the Presiding Officer, and upon recognition, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (e) Interruption: A member, once recognized, shall not be interrupted when speaking unless it be to call him to order or as herein otherwi se provided. I f a member, whi Ie speaking, be called to order, he shall cease speaking until the questions of order be determined by the Presiding Officer, and if in order, he shall be permitted to proceed. Any member may appeal to the Commission from the decision of the Chairman upon a question of order when without debate the Chairman shall submit to the Commission the question, "Shall the decision of the Chair be sustained?" and the Commission shall decide by a majority vote. (f) Roll Call Vote: No member of any state, county or municipal governmental board, commission, or agency who is present at any meeting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling or other official act, and a vote shall be recorded or counted for each member present, except when, with respect to any such matter, there is, or appears to be, a possible conflict of interest under the provision of Florida Statutes Sections 112.311, 112.313 or 112.3143. In such cases said member shall comply with the disclosure requirements of Florida Statutes Section 112.3143. Section 1.12 - Reading Minutes: Unless a reading of the minutes of a meeting is requested by a majority of the Commission, such minutes shall be considered approved without reading; provided that the Clerk deliver a copy thereof to each member of the Commission, the County Attorney and the County Admini strator at least one (1) full working day preceding the meeting. The minutes of prior meeting may be approved by a maj ori ty of the members present, and upon such approval shall become the official minutes. Monroe County Board of County Commissionp)"s Administrative Procedures Page Seven ~ Section 1.13 - Votes by Roll Call: The vote upon every resolution or ordinance may be taken by roll call in alphabetical order except the Chairman shall be the last member called, and the vote shall be entered upon the minutes. Resolutions and ordinances shall be signed by the Presiding Officer at such meetings and by the Clerk before they are entered upon the minutes. Each resolution and ordinance shall contain, conclusion of the 'Passed and Adopted' clause, a list members of the Commission and the vote cast by each 'No', Abstention', or 'Not Present'), at the of the ('Yes' I Section 1.14 - Decorum: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred from further audience before the Commission by the Presiding Officer, unless permission to continue or again address the Commission be granted by the majority vote of the Commission. Section 1.15 - Sergeant-at-Arms: The County Sheriff, or his designated deputy, shall be the sergeant-at-arms at the Commission meetings and he will carry out all orders of the Chairman for purposes of maintaining order and decorum in accordance with these rules and Florida Statues. Section 1.16 Ordinances, Resolutions, Mot.ions, Contracts and Other Documents: (a) Preparation of ordinances "nd resolutions: The County Attorney, when requested, shall prepare ordinances and resolutions, a copy of which shall be delivered to the County Administrator, whereupon the Administ,'ator shall forthwith furnish a copy to each Commissioner. The original of the ordinance or resolution shall be filed witl1 the Clerk of the Circuit Court at the time said ordinance or resolution is submitted to the Board for action. There shall be a public hearing on ,,11 ordinances other than emergency ordinances. The procedures as set forth in the Florida Statutes for adoption of ordinances shall be followed. (b) Approval of Ordinances by County Attorney: All ordinances, resolutions and contract documents before presentation to the Commission sl1all hewe been reduced in writing and shall have been approved as to form and legality by the County Attorney. When so refer-red, the County Attorney shall affix hi s si gnature on the doc\llnent certi fying to the legal sufficiency and shall "ppend hi s ,"ecommendations as appropriate. Monroe County Board of County Commissioners Administrative Procedures Page Eight - (c) Introducing for Passage or Approval: Ordinances, resolutions and other matters and subjects requiring action by the Commission must be introduced and sponsored by a member of the Commission, except that the County Attorney may present ordinances, resolutions and other matters or subjects to the Commission for the consideration, and any Commissioner may assure sponsorship thereof by moving that such ordinance, resolutions, matter or subject be adopted in accordance with law; otherwise they shall not be considered. Any ordinance or resolution prepared at the request of a Commissioner or Department Director shall bear the name of the person on the document. Prior to placement on the Agenda of contracts or other similar matters to be approved by the Board as official actions, such documents shall have been completely processed according to Administrative Orders issued by the County Administrator. Section 1.17 - Adjournment: A motion to adjourn shalJ alwilYs bei n order and decided without debate. Section 1.18 - Clerk, Minutes, Correspondence: (a) The Clerk of the Ci rcui t Court, deputy, shall act as Clerk ex officio to the The Clerk shall prepare the minutes ilnd resolutions and ordinances. or his designated County Commission. attest to all (b) Correspondence of a general nature addressed to the Board shall be referred to the County Administrator without first filing with the Board. The receipt of all correspondence will be immediately acknowledged. Current files of such correspondence shall be maintained for the Commission's examination and/or action. The County Administrator shall advise the Commission when action is required in response to any correspondence received. (c) The official minutes as prepared by the Clerk shall be as brief as possible and reflect on the very essential elements or actions. Those items specifically requested by the Board shall appear in the minutes in the manner as directed. (d) The Clerk affixing the seal to signature of the resolutions and other shall be custodian of documents as appropriate Presiding Officer on documents. the County Seal, and attest to the all ordinances, Monroe County Board of County Commissioners Administrative Procedures Page Nine - Section 1.19 - Committees: (a) Commi ttees Commission resolution and purpose. shall be establi shed by Board of County and shall be for rI speci fic time duration (b) Function 1. The Committee investigative manner, resolution, and will enforcement authority. will only function in an advisory or as specified by the establishing have no legislative, directive or 2. to the regular Any item requiring formal action Board of County Commissioners meeting for consideration. shall be referred for action at a 3. Committee meetings shall be properly noticed according to requirements of statute. 4. Commi ttee reports to the Commi ssion recommendations of action but must contain views concerning the matter so as to inform of all available information prior to t:heir not simply consensus views. may contain all data and the Commission decision, and 5. Written minutes of all meetings shall be delivered to the County Administrator's office. (c) Composition 1. Committees may be composed of any number considered to be beneficial but appointments must be equally distributed among Commission~rs{ so as to reflect county-wide composition. 2. chairman. Committees shall elect their own respective (d) Commi ttees shall adhere to the ru les adopted by the Board of County Commissioners rlS Governing Rules Section 1.01 of these procedures. (e) Committees shall provi.de the Board of County Commissioners with a writ.ten or oral report at least twice a year based on a schedule developed and di. stri buted by the County Administrator. ""'"' MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADMINISTRATIVE POLICIES TABLE OF CONTENTS Impact Fees CPI Career Service Council Appointment of Commissioners, Travel Resolutions Events, Coin Toss Annual Charge of Agendas Meeting Locations County/City Commission Meetings Agenda Format BOCC Meeting Times & Dates South Florida Water Management District Condemnation & Demolition Preface to Bulk Items Agenda Packet, Placement & Standardization Appointment of pUblic to Boards & Committees Appointment of Commissioners to Boards & Committees Administrative & Operational policies & Procedures Receipt of Bid Policy Assignment of issues to Special Counsel Use of Promo 5000 Account for BOCC sympathy PAGE 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 22 25 26 28 30 - Impact Fees March 7, 1989 Randy LUdacer, County Attorney, discussed the proposed Concurren- cy Rule and possible required changes to the impact fee regula- tions. Jim Lewis addressed the Board. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Jones establishing it is the position of the Board of County Commissioners that impact occurs at the time of occupancy and use and that impact fees would be collected accordingly, said position to be effective July 1st. Motion carried unanimously. (2 ) " ... CPI November 1, 1989 Motion was made by Commissioner Puto and seconded by Commission- er Jones directing the County Staff to use the Annual CPI Rates from January to December of the previous year on all future con- tracts. Motion carried unanimously. (3 ) - Career Service Council January 10, 1990 Commissioner Harvey discussed the method of selection of members to the Career Service Council. Motion was made by Commissioner Harvey and seconded by Commissioner Jones that each Commissioner propose an individual for appointment to the Career Service Coun- cil and directing the County Administrator to write to the other responsible agencies and ask them to make their appointments representing a County-wide distribution of the Board. Motion carried unanimously. (4 ) Appointment of Commissioners - January 10, 1990 Motion was made by Mayor Stormont and seconded by Commissioner Jones to accept the recommendation that appointments (of Commissioners to Boards and Committees) be made through December of each year. Motion carried unanimously. Commissioners' Travel January 20, 1993 Motion was made by Commissioner Reich and seconded by Commissioner Freeman to establish a policy that if you belong to a Board/Committee, travel will be automatic. Motion carried unanimously. June 21, 1995 Motion was made by Commissioner Reich and seconded by Commissioner Douglass to establish a policy that travel to National Association of Counties and Florida Association of Counties meetings by County Commissioners will not require prior Board approval. Motion carried unanimously. (5 ) - Resolutions January 24, 1990 Motion was made by Commissioner Jones and seconded by Commission- er Harvey to adopt as official policy the following excerpt from Mayor Stormont's memorandum dated January 17, 1990: 1. A Resolution is required to be executed where the paper- work or action time is indeed contained in the Resolu- tion: A. Statements either supporting of opposing other governmental agency actions/functions/projects B. Transfer of funds (excluding transfers within Cost Centers) C. Receipt of unanticipated funds D. Amendments to transfer of funds Resolutions and receipt of unanticipated funds Resolutions E. Where explicit Resolution requirement might be made by other entity, in accompanying documents F. Establishment of boards, committees, councils G. Setting times required for abandonments, and dates for advertising etc. ) Public purposes hearings when (such as road H. Explicit interlocal agreements with other govern- mental entities . 1. Where official exist regarding determinations, cerning appeals, recording documentation property determination plats, decisions of the vested rights hearings, needs to (boundary Board con- etc. ) J. Others deemed appropriate (should be itemized for later reference and guidance) K. Certain existing documents should also then be re-formatted so that the information is indeed contained in the Resolution (therefore not requir- ing another accompanying document; i.e. Contract for admission to Bayshore Manor should be headed "Resolution", with several appropriate "Whereas" (6 ) - clauses leading into the body much in the same way that current drawn for "nonprofit" transfer of funds) of the contract, Resolutions are budget-allocated 2. Resolutions are not required: A. For execution of contracts, agreements and leases when otherwise trackable B. Authorizations for solicitations of bids C. Authorizations for advertisement of surplus proper- ty, ordinance public hearings D. Appointment to boards, committees, councils E. Others which may be deemed appropriate (should be itemized for later reference) F. It is possible that other paperwork functions now requiring 'Resolutions' for simply tracking in Official Records books, which purpose has no basic legal ramifications, could evolve into a 'tracking system' (7) Events -- Requests for temporary closing of state roads will be placed on the agenda for consideration and approval or disapproval by the Board. An individual Commissioner does not have the authority to authorize such closings. Coin Toss Events January 20, 1993 Board approved that no coin tosses will be granted. (8 ) ...... Annual Charge for Aqendas November 14, 1990 Board approved and authorized the increase to $30.00 per year of the annual charge to individuals, corporations, etc. requesting copies of the Agendas of the Monroe County Board of County Com- missioners, commencing January 1, 1991. ( 9) -- Meeting Locations December 5, 1990 Motion was made by commissioner London and seconded by Commis- sioner Jones to change from four meeting locations to three meet- ing location on the rotational schedule of Board of County Com- missioners' meetings. Roll call vote was unanimous. (10 ) - County/City Commission Meetings December 6, 1990 Joint County/City Commissions The Joint Boards discussed future meetings and agreed that the Chair should rotate between the Mayors at meetings, that there should be rotational Agenda, that the Boards should follow the rules of the "home" Commission, and that these meetings should be held on a quarterly basis. The County Administrator and City Manager were directed to work these matters out. (11 ) - Agenda Format December 19, 1990 The County Administrator discussed a change in the Agenda format to schedule Division Directors' items and items of the Consul- tants first. Motion was made by Mayor Harvey and seconded by Commissioner Jones to approve the County Administrator's recom- mendation to change the Agenda format to schedule items of Divi- sion Directors and Consultants first in the meetings. Motion carried unanimously. (12) - Meeting Times & Dates February 19, 1991 The Board discussed meeting times and dates. Motion was made by Commissioner Cheal and seconded by Commissioner Jones that all Tuesday meetings will begin at 9:00 a.m. Motion carried unani- mously. (13) - South Florida Water Management District February 19, 1991 Commissioner Cheal discussed South Florida Water Management Dis- trict meetings. Motion was made by Commissioner Cheal and second- ed by Commissioner Jones establishing a procedure whereby the County Commissioners will attend South Florida Water Management District meetings on a rotational basis and directing the County Administrator to develop a procedure and a rotational schedule and to request that. copies of agendas and minutes be provided to the County Commissioners. Motion carried unanimously. (14 ) ~ Condemnation & Demolition March 12, 1991 Motion was made by Commissioner Cheal and seconded by Commission- er Stormont to accept Staff recommendation to establish a policy which assesses all costs related to the condemnation, demolition and removal of debris to the property owner: and to authorize the County Administrator to incur all non-budgeted related costs involved in accomplishing this task using appropriate County personnel or local contractors. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes (15) Preface to Bulk Items April 24, 1991 Motion was made by Commissioner Cheal and seconded by Commission- er Jones to approve that the following preface to bulk items be read by the designated Commissioner: "Bulk items are normally of a routine nature and have been reviewed by each commissioner prior to the meeting. I will read the agenda number of those items proposed to be passed in bulk. If a commissioner, staff member or any member of the public wishes that item to be withheld, please indicate at the time the item is called and it will be held aside. I move the following items be approved in bulk: etc...... (16) -- Agenda Packet Placement & Standardization April 24, 1991 Motion was Jones to Islamorada all items 11. Motion present. made by Mayor Harvey and seconded by Commissioner approve adding an Agenda Packet for placement at the Library, and also to authorize the standardization of submitted for the Agenda to a paper size of 8 1/2 X carried unanimously with Commissioner Stormont not (17) Conunissioner Stormont -.' Policy Statement No.-JQ':2~i5$ A POLICY STATEMF:N'l' OF' THE BOAHO OF COUNTY COMMISSIONF:HS OF MONROE COUNTY, Y"LORIOA, nfo:Gl\RDIN(; APPOIN'fMEN'I'S 'l'O VARlOUS DOA1<D8 AND COM.MIT'l'EES OF THE COUNTY OF MEMBERS OF THE PUBLIC. WHEREAS, certain appoIntments to Boards and Committees of the County are governed by specific ordinance r-equirements as to appointee sponsor and geograpliic representation, and, ~.yHEREAS, certain other appointDlents to other Boards and Committees of the County are vested solely in the Board of County Commissioners, as a body, and without regard to geographical representation, and, WHEREAS, the Board of County Commissioners of Monroe County desire to unify and standardize Board and Committee appointments, to provide for more timely and representative appointments of citizens, as well as provide controls to insure that appointments are made expeditiously and recorded appropriately, THEREFORE, THIS POLICY STATEMENT IS HEREBY ADOPTED: Section 1. Numb('E~2.f_~l?~2:1~.:~lents -: roti"lt i CJ;', --~----~--- Appointm~Jlts to Boards and Committees specifically designated as Board of County Commission/Mayoral appointments shall be made accordi~g to Statute, except when the particular position of the Mayor being allotted Diora appointments tllan are other Commissioners, the appointment (or re-appointment] shall be by tit.Ie rather than by named appointer. {Example: Mayor/Commissioner V - 2 appointees Commissioner W 1 appointee Commissioner X 1 appointee Commissioner y 1 appointee Commissioner Z 1 appointee Appointments are for 2 year terms. Commissioner C succeeds Mayor/Commissioner V by election to offic0, O~ Commissioner Y succeeds MaY()J~!Commjssioner V l,y selection as Mayor, i'luyor/Colnmissioner V then'aft",~- ( 18) - would have only one appointment with the ~;econd appointment being made by Mayor/successor; or Commissioner V, succeeding by election Mayor/Commissioner V, would be er:titled to only one appointment, wittl Mayor/successor making the other) . Section 2. Hoard 8~intecs where appointnlent, by statute, indicates "appOiJltnlent by the Board of County Commissioners'" proper nominations are to be received and acted upon from other Commissioners, rather than assumption of appointment by Mayor, every Commissioner having been previously notified as to nomination opportunity. Where there does not exist statutory indication as to method of appointnlent, assu~ption shall be that appointment is to be by tIle Board of County Commissioners, as a body. Section 3. Jurisdiction of Appointees All citizen appointnlcnts hereafter to BORrds and Committees which act on matters involving only Unincorporated Monroe County, where not otherwise specified by geographic area, shall be filled by residents only of the Unincorporate~ area, j,11 order that their actiorls be guided by and be responsive to only the Unincorporated area for which they govern. Such Boards and Committees shall include, but by no means be limited to Planning Commission, Code Enforcenlcnt Board, Highway Beautification Committee, and the like. Section 4. Geographic Reprcsent~~ion All citizen ~ppointmentE hereafter to Boards and Committees, where not otherwise spe'cified by geographic area, shall additionally be constituted to be representiltiv0 of the geographic area of total Monroe County, to include the City of Key h~est, if Board or Comrnj.tt.ee actiolis i:1Vc:lve respon s ibi 1 i tie s thrr)ughou t Monroe Coun t y, O~. be representative of the qc(}gr<-lpj-li(~ .:-nCilS of liniTlC01"pOrated Monroe County only, if GORl~d anci C()!nlnitt~e ~(:ljons nvo:V0 responsibili ties only ir. the Unincorporated M01!l:~00:! County. (19 ) -- ~ect i on_~__.J:..!:'.2.L1 cmenta l i_'?~2-_~_~__~Q..~~.~:t As Boards and Committees hereafter he come constituted, specificness of representation and of appnintment method shall be designated in the enabling Resolution or Ordinance, to assure implementation of this Policy St~tement. S8 cti2.!::..,..0.~_ St and~_d i za tion~}~f~-:...~:..!.l.!:.!!,t'l,t _~~~ At the discretion of the Courty Adlllini8trator, his office shall attempt to confornl f\lture appointments to membership on Boards or Conlmittees to estabJish, where not othendse required, an appointment. date to coincide with the first regular n\eeting of the Board of COUflty Commissioners in tile month of January. Section 7. Consistency of Policy As Resolutions or Ordinarlces become modified in tl;e future, such modificC'ltions shall addj,tionfllly ill:plE:rlcllt tillS Policy Statement. At the discretion of the County Administrator, 11e may Lring modificati,ons of previous Resolutions or Ordinances to the Rttentioll of the Boa~d (,f County Commissioncl.-S fur the,ir ['L'Vision sc ClS to cor:j-onn tc; this Policy Statement. .Section a... Terms o.f__Appoin~~. As appointme!lts are made, they shal] if necessf!ry ch(~ to tlw [al.J.ure of appoin':!I:ent iJccc1rdinC] tu :;p(~c:i[icall~.' designated timefran;es, be for tIle balance of a tinl0 pe~'iod commensurate had the appointment. been mude timeJ.y. (Example: Appointment X is for a term of two year's, beginning January 1, 1986 through January 1, 1988. Appointment of new person Y takes place April 1, 1988. Y's term will run from April 1, 1988 through January 1, 1990, so as to keep continuity in conjunction with terms of the other Board or Committee me:mbers.J ~Section ~_ Termi..0..9!..L~9f AEPointm!:~_~ Appointments shall be terminilted by st~tlltory requirements or by dj.rcctj,on of term, unless appointee no longer meets residolleu or other criteria reqllisitt> for appointment. (20) ~ Section 10. Unexpired Terms Appointments to fill unexpired terms shall be for the balance of the designated term only, with new appointment (or re-appointment) being made by the d(~sign()ted date fOl- the new term. Section 11. Appoint~~~c:!rY-Ovel~ Appointments made by ComrnissioTlers while in office, shall not be terminated solf:ly Upc)n tbat Commissioner leaving office, so as to maintain a balance and uniforn\ity of process. (21) .;.........- r. - , .,/" Conurd.$8.1oner Stormont Policy Statement No...J!2.Q1.::..lJ5&" A POLICY STA1'f;MENT 0.' 1'm: UOAkD m' COUNTY COMMISSIONERS OF MONROE COUNTY, PI,ORIDA, REGARDING TflE APPOIN1'MENTS '1'0 VARIOUS 1l0AnDS MID COMMIT1'I~f~S Of' INDIVIDUAl, COUNTY COMMISSIONf;RS. WHEREAS, the BODrd of County Commiaa!onera of Monroe County, Floridl\, desire that tho burdens of government require partieJpation, experience and knowled96 of all Commissioners as to the varied ospects and functions of 90vernment provided by service On Hoardii l\:nd Committeeo, and that this 18 best accomplished on a rotaUonel basi s among Comrni.8jonors, ~nd, WHEREAS, memberships On the vn:r:1ect Dcards lIncl COmmittees available and required a. duties of office rllquire additional service beyond those normol 90v"rnme"tal dutios of Commissionera, and, WHEREAS, tho Board ot County CC'mmis8ionors '1~sire8 to rosponsibly cstabl i.h cqui t.y in sharing tllO cluties of government among it.s members, and, WHEREAS, all Commiss.tonors, rog(lrdleas of temporllment, gender, affiliation, philosophy, interests, a..ociations Or other criteria aro equally and duly p.I~ctcd by ^ majority of electors for tho duration of their t.orm nf offfce, and nre .' deemed to bo equally qualified and capablr. of servi"g in various capacitivs. relating to their POSitions, and, WHEReAS, all Comrnlosioners, in their positions, hold no le9~1 stature apart from ot~Cl:r COlumiSft1oncro whJ,ch would provide them with separate abill t.ios or pc,wor. to perform certain Board Or Committee responslbi.litics required as general governmental ob119at1ona, (')r procludt! the'ln from sha.ring tho rospotlsibillt!(!& of 90Vc)",'nmont, THEREFORE, THIS POr.ICY STATEMf;N1' IS HI!Rf;B~ ADOPTEDI Section 1. Int".!!! It is hereby tho desire of the nObrc1 of County CommifiSionQrs of Monroe County to t'q\ljt.~t"ly (.l1~tributo an,1 shll:re the 'burdens and duties of 9ovcrnm~I1t nmon9 t.h('!lT1so1vefo ftS are necQssory and incumbent upon their Office. It is (22) 'f/f", '~. also the t!(!f;ire of the Roard of County COllllnJ "~ionor. of Monroe County t.hat. a 11 Commi 8Foionors, upon O!:lSlllllption Ci r office, bo acqUDi/llQd ~nd fa~jlin)"i~cd tel tll~ Qr0~teBt extent p09siblc with gOV(H'nn,entcl) fUlwtjon~ p.t"ovj<1~c1 1)1' various Doards and Committees (tPClt"t fyom th(:j t" Ilornl('il duties. Section 2. J'.\PPointln(~nt_.;->_il....tP All representation on UO(Jrch; fllld COlnmi t.:leos, where not otherwJso govorned by Stat.\Jte, t.o which nLomhersh!p is roquired or mode available, shall hcre::.ofter be made llt tht:: first regular moeting of the AOclJ'd of County Comm1!>slorl(~n:s in JDnuury of oach yoar. Sect iOILl..-__ ~qJ.l_x:.1~~d_i~E!..~!:'!.l. All ap}loint.nlentL' to ROQr(1(1 imcl Commit.leos of Commissionors by the office of M,'yor shall Jltl ollly l.ts designat.ed by specific stllt.ute, ^11 Clthol" "ppointmentB te> Boards b.nd Comrllittees of Comm:l8~donU.lH !>hctll be hy sC)CCti0l'i of peer!>. Soct i on 4 ~~~-'''.PJ-:.()}pt.1!~'?.l~"~..!2 Where not. othcrwisu dl~tonrdl)(:d by HpL~L'ifit.' 6UltUtC, terms of Comml'sf,I,ionor!:> on Hoarf1ri (llld Cornndttl'lJiO shllll he- for One year if nppointment. 1s IM:dl\ at. t.ho fh'st l'e9uJor 111('td:illY of the Board of County Corluni.C>H!OIlC'J"S in ."J'll)lUA1Y, unless such appo:intment is lllltde during the yO(U, 1n widell case, thE-1 appointment shil11 termjnato as of tht! firat rcgulnr 1110Qting of the Board of County Cornm.is.siollt'rt; in ,1anuLlry. ~!! (: t, i oll_5--L..--.l1c t. hOd, ,"~}_~~~)p~.t ,1.o,n. Un1c'E;s "lection by or apl-'olntnlcnt to <lIlY t)l.ldy if'. l)oycrTlcd 11Y !'pC:'cific By-Laws (.If t:ll}ll bOd}' rc-gulfltinq appointment (If members tllercto, dPI,()intl~ent~ to RODrdf; Rnd Committ~cs c"It- t.lle first rcgulnr ffw~tillg' of the Botn"c] of County Commissioners in January nhall tJP. by aJphDbctici.l1 rotation by Cormnibsionar JHllhlE:- <11110111) illl COJllnd fJAiollel"8 foy lIppointmcnt. too nC)llrds fwd C'nmlldli,('C:t; apP(~;'l.iII~J on l'l li~;t previout'oly diHtri.out,.Jod by tile C\)~lllty AdminifitratOt., Further, any appoint.m<:nt:, to RCMnls l'Illcl Cornmjttcer. wtlich arf' (23 ) - . , '-' ..: .', , designated by utatuto to be the p}'crogntiv~ of th~ Mayor 911811 be by alphftbctical rotation hy CQmmiL6ion~r name anlol:g all Commlaslonert. Soction 6. Travel Requirerl'l~p~ Any travel or othel' legaJ ly l"l.dlnbursllbJe (>xpE.:n15eE; incurred by dny CornJllitJ6ion~r in P(~l.formjng dutieE\ 01'1 Loh"df of, or a.ttendance at any mcctirlg of ROl)rd or COffimittl:O to Which he has beef) appointed, is hero by Authorl~ed, unle~R such oxpense~ are reimhul-sltblc by lhe ROllrd or Committe-I: itself from its own fund.. .' (24 ) ~ .. Administrative & Operatl,Q.l'l'!J J'glicies & Procedure ",,- May 26, 1993 The County Administrator presented the fOllowing policies, which were adopted by the Board of County Commissioners: 1. Once the MCBOCC has approved a project, concept, and/or specific capital budget item, subsequent additional, redundant approval by the MCBOCC is specifically not required as a precedent for the applicable Departments to initiate Advertisements, Requests for Proposals (RFP's), Requests for Qualifications (RFQ's) or Bids. 2. County Administrator is authorized to approve construction project change orders of up to $25,000.00 if not doing so would result in significant project time delay and/or additional costs. Subsequent MCBOCC formal execution of the change order is still req\lired. 3. County Administrator is authorIzed to approve and execute Airport Sign Leases In accordance with the Monroe County Purchasing Policies and Procedures Doctrine (this authority is to be granted by an appropriate amendment to the ordinance that provided the Administrator contractual authority for agreements less than $1,000.00.) 4. County Administrator is authorized to approve refunds no exceeding $5,000.00 in accordance with established MCBOCC policy "no procedures. 5. County Administrator is authorized to approve pauper burials in accordance with establIshed MCBOCC policy and procedures. 6. Specific MCBOCC approval of final contract payments not required unless there exists unusual or extenuating ci rcumst8nr''''r', r:nl1(:prning said contract. 7. Normal term for aU leasp "qrppmpnl":s is to be a minimum of three (3) years 8. Adopt a set of Monroe County Standard Contract Document Forms containing al.l stat.utory and unique County policy or procedural c'equirements for use in the preparation of all contract documents, leases and agreements. (25) RECEIPT OF BID POLICY '- July 17, 1991 Board policy is that the time of the cut-off for the receipt of bids would coincide with the opening of the bids, and that any bids received after that time would be automatically rejected. November 21, 1995 Board policy directing that all bids, Requests for Proposals and/or Request for Qualifications received after the advertised time of submission be returned unopened and not be presented to the Board. ( 26) .-- caissons for tne L'j',,,, ".~..--- -- - firm of Toppino's Inc., in the amount of ~~,~~~,J~u.-~. Roll call vote was taken with the following results I Motion carried. During discussion of procedures used for the bidding of construction of the facilities, the Board discusseathe Record's Center construction. The' Clerk advised the Commission that he would recommend that the tra- ditional methods be used in the bidding and procurement of construction services for the record's center on J.ackson pquare. Motion was made Commissioner London and seconded by Commissioner Jones to direct that construction of the record's center will proceed on the basis of the traditional bidding process, rather than breaking the job up into many individual componants. Roll call vote on the motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Jones to approve Alternate No. 23 of the Bid package No.5, Site Grading and Caissons, for the New Monroe County Detention Facility. Roll call vote carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve Alternate No. 24, of Bid Package No.5, for the New Monroe County Detention Facility. Roll call vote carried unanimously. The Clerk advised the~Board that he was in receipt of late received bids for the planning, programming and ini- tial schematics of the Jackson Square and Truman School , Renovations, recieved after the time for filing as per the published notice. During Board discussion, the Board was advised that these bids did not include dollar amounts, but were expressions of interest and qualifications. Motion was made by Commissioner Jones and seconded by Commissioner London to authorize the Clerk to open the late received bids. Roll call vote carried unanimously. The Board then entered general discussion of the bidding process. Hot!qn W~Il,l!If9,,;RY.,CQlIUlliIHlione' Jones and seconded by Commiss1(wer Cb,.~J,;:,,~~",lJG;'~:J.hlll 4 B<?ard policy, ~ll,~ ~hli}. thJI,. pt tll~ cut- 9~~;J;,.f 9,~;',ttl..;~if!JQdPt of' biqQ W, ould' c,oincide, wit:b~.thQ..openin9 .;Q~;f.~..,.t:ilda;Land' that any bids p~ceived after tha~ time ~pu~d be automatically rejected. " Roll call vote ca~ried '~nani~us1Y. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to appoint the firm of Morrison Knudson/Gerrits and the County Eng.ineer, to review, and rank the proposals and to recommend not to exceed five firms who would make a presentation to the Board for final selection. Roll call vote was unanimous. ....,' Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey Yes No Yes Yes J'"i 1 The Board of County Commissioners recessed. :I " o v * * /7 · ~i IL~? (27 ) * 4uS j I, ) { /;11/1 ,.,,, (') /1 C, l( -1- ! r lk' (I V \ \J'Y-'-' .- --re' Cl <7~:1 L '\),-f- ~. POLICY ASSIGNMENT OF ISSUES TO SPECIAL COUNSEL BACKGROUND Monroe County utilizes the services of a number of attorneys as special counsel to deal with speci fie area.s of expertise. Examples are land use issues, labor relations and telecommunications. An issue has recently arisen concerning the manner in which subjects/cases/opinions are assigned to special counsel. This document is a suggestion for a policy to be adopted by the BOCC concerning how this can be clarified for the future. PROPOSAL The County Attorney and the County Attorney's office are assigned the responsibility for the general legal work. Where issues arise that do not fall within the scope of that general legal work and pertain directly to the subject areas covered by existing special counsel, those issues should be referred directly to special counsel. Where a question exists concerning whether an issue should be transferred to special counsel, that question should be raised with either the County Attorney or the County Administrator and a decision will be made as to where the issue should reside. (28 ) One example is the question of whether an issue falls within .~. the purview of special litigation counsel. Since many issues are potentially litigious, the determination of where to send the issue should be made by the County Attorney and/or the County Administrator. --~- ~ James L. Roberts County Administrator April 18, 1994 Approved by the BOCC on May 17, 1994 (29) '--' USE OF PROMO 5000 ACCOUNT FOR BOCC SYMPATHY Approved at May 17, 1994 BOCC meeting (copy of minutes attached) Approval of a policy for the utilization of the Promotional Account for expression of sympathy by the Board of County Commissioners. (30) '--'I'R~,~~ fsw'\">" "rY\ (l!-~ Il I l q ~ L) ~'0 94/159 County Administrator, James Roberts and Acting Director of the Office of Management and Budget, Eva Limbert, presented the Five (5) Year Budget Trend. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval of a policy to allow the Administrator to approve expenses for interviewed for positions of Division Director, Department Director and other significant level positions as determined by the Administrator. Motion carried unanimously. '~,tloni"l,las"madeby,commissioner Reich and seconded by ''''''';i;[' ""-p~ ~'~":,'v.al~\iof':>Ca''''()1ici'f6r'the " . .,,'. . ~l'r~.@~~9~,~, .,'"", ".,P, Yo",' .,.. :. " . '~, ,... '. m.Q,tiQ~9g~Pti:,f,():t;};;(~~Pr:.~Il!13~Q~'l.?f,sympathy ~-$' . [:~<;;'9JlU11~ss~oners:""""Rolr~call"'vote' was taken ..;,~~~" :\1g;':t;esults: Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes -'....'...."." ti;. y' " .~~~W'~~y ~. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal granting approval for the Administrator to advertise for Qualifications for the hiring of a facilitator for the strategic planning process. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal granting approval of a policy for referral of issues to Special Counsel and directed the County Administrator to also state who may task the attorney and to whom the attorney may respond. Motion carried unanimously. Mr. Roberts and the Board discussed the approval of a proposed policy for the handling of major issues and contact with citizens. No official action was take. Mr. Roberts and Ms. Limbert made a presentation of the revised Capital Improvement Program. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval of the revised Capital Improvement Program. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval to send a letter to Virginia Wetherell, Secretary, Florida Department of Environmental (31 ) no '11 17;2.. Ii 3 ''14 '.-' ./ /<,~ f _,' ' -'" ;7,:-1 J ~:IG 2 .~- " I --.J 93/480 Monroe County; providing a process for permitting mangrove alteration, etc. Mr. Brown discussed the 1994 Board of County Commissioner's Meeting Schedule and he also discussed the New Monroe County Detention Facility dedication, scheduled to be held December 10, 1993. Mr. Brown and Incoming Administrator, James Roberts, discussed the scheduling of an Organizational Meeting to be held during the November 9, 1993 regularly scheduled Board Meeting. COUNTY ADMINISTRATOi A discussion concerning a Monroe County Commission _ Management Staff Seminar to develop long range goals and objectives for providing public services in Monroe County was held. Motion was made by commissioner Cheal and seconded by Mayor London approving Staff recommendation that the County commission ,establish the goals and objectives of the planning sessions and direct staff to research and recommend an appropriate methodology for facilitating their conduct. Motion carried unanimously. Consideration of amending the Monroe County Board of County Commissioners Policies to clarify the policy for verbally adding items to the regular meeting's agenda. Motion was made by commissioner Cheal and seconded by Commissioner Freeman approving the substitution of the phrase "members of the Commission present" for the word "Commission" in the last sentence of section 1.03 (a). Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting ~pproval to change the Monroe County Board of County Commissioners December 1, 1993, meeting date, so as not to conflict with the Florida Association of Counties 1994 Legislative Conference to be held December 1 - 3, 1993. The new meeting dates are Monday, November 29, 1993 at 1:00 P.M. and Tuesday, November 30, at 9:00 A.M. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal granting approval to execute a renewed Professional Service Order with Post Buckley Schuh & Jernigan for general consulting professional services for the Smathers Beach Renourishment Project only. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval of a request for an , exception to the Monroe County Code to allow temporary overnight RV camping on church property on November 14 - 20, 1993, in support of the Habitat for Humanity Upper Keys Blitz-Building project. Motion carried unanimously. I ;:; Cc I sl :3/ 31 3y ~ 'iSy 1'7