2001, November
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20.2001
Division:
Countv Administrator
Bulk Item: Yes _ No...lL.
Department: Countv Administrator
AGENDA ITEM WORDING:
Approval of revised Administrative Procedures for the Board of County Commissioners.
ITEM BACKGROUND:
In previous discussions, the Board and the Administration agreed that the Board's Administrative
Procedures would be brought up-to-date. The attached package has been prepared by the
Administrator and the County Attorney's office. The previous Administrative Procedures included a
package of other policies. These should now be removed from the overall package. To the extent that
they are already in the revised Administrative Procedures they will not be retained as separate
documents. To the extent that they are still necessary they will be revised and placed in Administrative
Instructions from the County Administrator.
PREVIOUS RELEVANT BOCC ACTION:
As above.
CONTRACT/AGREEMENT CHANGES:
Within the Administrative Procedures.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
-0-
BUDGETED: Yes
No
COST TO COUNTY: -0-
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -L
OMB/Purchasing _ Risk Management_
-- / ~-'-~
James L. Roberts
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
x
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # / - /iJs
VARIOUS OTHER APPOINTMENTS/NOTES
Industrial Develooment Authoritv
The following appointments were made at the 7/19/01 meeting:
Chairperson - Charles McCoy
Vice-Chairperson - Dixie Spehar
Secretary - George Neugent
Murray Nelson
Nora Williams
NO ACTION NECESSARY.
Florida Association of Counties Board of Directors
Commissioner Williams appointed on 12/14/00. This is a two year tenn ending in
2002. NO ACTON NECESSARY.
Health Care CoalitionIRural Health Network
Mayor Neugent and Commissioner Spehar appointed on 12/14/00. Tenns have
no expiration date. NO ACTION NECESSARY.
OTHER ITEMS THAT WERE VOTED ON AT THE DECEMBER 14, 2000
BOARD MEETING THAT NEED UPDATED APPOINTMENTS:
A 5-0 motion was made to approve Mayor Neugent's delegation of
COMMISSIONER NELSON as the point person between the Board of County
Commissioners and Representative Sorensen for one year.
NEED APPOINTMENTIREAPPOINTMENT. PREFERENCES
. Nelson
A 5-0 motion was made to approve resolution authorizing Commissioner McCoy
to represent the Board on issues concerning highway safety and beautification,
excluding the 18 Mile Stretch of U.S. 1 and to be our State and Federal
govemment liaison on these issues.
NEED APPOINTMENTIREAPPOINTMENT. PREFERENCES
. McCoy
A 4-0 (Nelson not present) motion was made to the appointment of
COMMISSIONER NELSON to serve with the Florida Commission on Veterans
Affairs.
NEED APPOINTMENTIREAPPOINTMENT. PREFERENCES
. Nelson
2002 ORGANIZATION FOR ROTATIONAL COMMISSIONER ATIENDANCE:
1. lJBRARY ADW;oRY BOARD
a. January - Nelson (1/22 - Key Largo Library)
b. February - McCoy (2/19 - Big Pine Library)
c. March - Neugent (3/19 - Marathon EOC)
d. April - Williams (4/23 - Islamorada Library)
e. May - Spehar (5/21 - Key West Library)
f. June - McCoy (6/25 - Big Pine Library)
g. July - Neugent (7/23 - Marathon Library)
h. August - Nelson (8/20 - Key Largo Library)
i. September - Williams (9/24 - Islamorada Library)
j. October - Spehar (10/22 -Key West Library)
k. November - McCoy (11/26 -Big Pine Library)
1. December - Neugent (12/17 -Marathon Library)
. At the December 18, 1996 BOCC meeting, the Board requested to assign each Commissioner to
the meeting area nearest them. All meetings begin at 10:30 AM.
2. OLDER AMERICAN ADW;oRY BOARD
a. January - Nelson ~
b. February - Williams
c. March - McCoy
d. April - Spehar
e. May - Neugent
f. June - Nelson
g. July - OAAB Vacation (each year)
h. August - OAAB Vacation (each year)
i. September - OAAB Vacation (each year)
j. October - Williams
k. November - McCoy
1. December - Spehar
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ADMINISTRATIVE PROCEDURES
SECTION I
Section 1.01 - Introductory Items.
a) 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 Edition, which is hereby
adopted by the Commission.
b) The Mayor: In Chapter 65-1931, Laws of Florida, the Chairperson of the
Board of County Commissioners was designated the Mayor and the Vice Chairperson the
Mayor Pro-Tem. Therefore, in these administrative procedures, the terms Mayor and
Chairperson, and Mayor Pro-Tem and Vice Chairperson, refer to identical officers and are
used interchangeably.
Section 1.02 - Meeting.
a) Regular Meetings: The County Commission shall hold regular meetings,
usually on a Wednesday and the immediately following Thursday of each month, in a
week at the time(s) determined by motion of the County Commission. Other times and
dates may also be established by a motion of the County Commission. No regular
meeting may be scheduled when the day fixed for a regular meeting falls on a
designated holiday. The locations for regularly scheduled meetings of the County
Commission shall be established by motion of the County Commission but the monthly
location for the regularly scheduled meetings must rotate among the Lower, Middle and
Upper keys. All meeting sites must be in compliance with the American Disabilities Act
and any other applicable civil rights statutes. In an extenuating situation (e.g., a
hurricane or other disaster), and with the notice reasonably provided in light of the
situation, the Mayor or County Administrator may designate another location and time
for a regularly scheduled meeting of the County Commission.
The County Commission shall not schedule any particular time of the year as a
vacation period but shall individually stagger their vacation times so that the County
Commission may continue to function throughout the year.
.'
b) Special Meetings: A special meeting of the County Commission may be
called by the Mayor, or in his/her absence the Mayor Pro Tem whenever, in his/her
opinion, the public's business requires it. A special meeting may also be called by three
members of the County Commission. All requests for a special meeting must state the
purpose of the meeting and a proposed time and location.
When a special meeting is called by the Mayor, then a written request for the
meeting must be delivered to the Clerk. When a County Commissioner (other than the
Mayor) wishes to call a special meeting, he or she must send the written request to the
Clerk and, at the same time, send the request to all other members of the County
Commission, and the County Administrator. If, within two business days, two other
County Commissioners send to the Clerk written approval of the requested special
meeting, then the special meeting will be considered called. The County Commissioners
who send the Clerk written approval of the requested special meeting must also, at the
same time, send copies to the County Administrator. If the Clerk determines that the
special meeting was properly called, then the Clerk must promptly provide verbal or
written notice, unless specifically waived, to the County Commission members, the
County Administrator and the County Attorney, stating the date, hour and place of the
meeting and the purpose of the meeting. The Clerk must also send written notice of the
special meeting to the local media outlets.
Only the business stated in the notice of the special meeting may be considered at
the meeting unless the Mayor or the County Administrator determines that the public's
best interest would be served if additional items were considered and an amended
written agenda is delivered by the County Administrator to all County Commissioners,
the County Attorney, and the local media outlets a minimum of one business day in
advance of the special meeting date. Alternatively, a majority of the County
Commissioners present at the special meeting may agree to add additional items to the
special meeting agenda.
When the Clerk has received a request for a special meeting that complies with
this subsection 1.02(b), he or she must make sure that there are at least four hours
between the call for the meeting and the date and hour of the meeting unless an
extenuating circumstance (e.g., an impending hurricane) prevents that. If, after
reasonable diligence, it was impractical to give notice to each County Commissioner then
that failure will not affect the legality of the special meeting if a quorum is present. The
minutes of each special meeting must show the manner and method by which notice of
the special meeting was given to each member of the County Commissioners or the
waiver of the notice.
c) The notice requirements set forth In this Section 1.02 are in addition to, and
not the replacement for, notice requirements mandated by general law.
d) All County Commission meetings are open to the public unless a specific
exemption is provided by general law.
e)
minutes.
The Clerk must record, and is the custodian of, all County Commission
Section 1.03 - Agenda:
a) An official agenda will be prepared by the County Administrator's office for
every regular meeting or special meeting of the Commission. The Commission shall not
take action on any matter, proposal, or report of item of business which is not listed in
the official agenda, unless there is a majority consent of the members of the Commission
present on the day of a scheduled meeting to the addition of other Items to the agenda
for consideration and action.
All regular meeting agenda items must be delivered to the County Administrator's
office by 5 PM no later than 14 days before the meeting date, or as determined by the
Administrator. The agenda must be prepared and distributed no later than seven days
2
before the first meeting date. The delivery deadline and distribution deadline do not
apply to: (i) items added to the agenda by vote of the County Commission; and (ii)
items that the County Administrator determines are necessary to be on the agenda, for
example (by way of illustration and not limitation), the necessity of meeting a grant
application deadline.
Unless mandated otherwise by a general law, all scheduled times on the County
Commission agenda are approximate even if denominated as "time certain." The Mayor
should however, conduct the meetings in such a manner that the agenda schedule is
followed as closely as circumstances allow.
Invocation will be a moment of silent prayer.
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.
c) Sounding Board: A separate section of the regular meeting agenda will be
reserved for Sounding Board. Sounding Board must be scheduled for a time approximate
for public convenience. The purpose of the Sounding Board is to allow individuals to
address the County Commission on a matter pertaining to County government, excluding
matters in litigation and complaints against specific personnel. The initial speaker on an
item - whether representing him or herself, or a non-profit organization - may address
the County Commission for a period up to ten minutes. Subsequent speakers who are
speaking for themselves on the same item may speak for three minutes. A subsequent
speaker on the same item may address the County Commission on behalf of another
nonprofit organization for five minutes. Individuals who wish to utilize Sounding Board
must contact the County Administrator's Office in writing in order to be scheduled on the
agenda, must specify the subject matter of the presentation, and must comply with the
agenda deadlines established in this Section 1.03. No action may be taken by the
County Commission on an item on the Sounding Board agenda.
d) Presentations May not be promotional for products and services and will
be limited to a maximum of 15 minutes. Presentations must be sponsored by the
County Administrator or a County Commissioner.
e) Appeals of the Planning Commission decisions before the County
Commission shall be limited to 20 minutes of oral argument for each party and the
appellant may reserve 5 minutes for rebuttal.
f) When necessary, the Board of County Commissioners shall convene as the
Board of Appeals to consider such appeals as may be required. Such hearings shall be
scheduled for a time certain on the day it is advertised by the County Attorney. Such
appeal shall be scheduled on the agenda. 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 Chairperson of the Board to execute said resolution when
prepared.
3
g} Tabled Items: An agenda Item under consideration by the County
Commission may be removed from the table (tabled) by a majority vote of those
Commissioners present. A motion to table any Item that has received a second shall be
voted upon without discussion. The effect of such a vote is to remove the item from
consideration by the Commission. The item may be placed back on the table and
considered by the Commission by a majority vote of the Commission but only if such
vote takes place during the course of the meeting of the County Commission for which
the item was on the agenda. Once that County Commission meeting is adjourned, either
on the second day of a regularly scheduled meeting or at the conclusion of a special
meeting, then the item may not be recalled from the table but must be placed on a
subsequent County Commission meeting agenda by a person authorized to do so by
these rules of procedure. Items that are required by general law or ordinance to be
heard at a time certain public hearing may not be tabled but may be continued by a
majority vote of the County Commission present to a time and a place certain but only if
such a continuance is not contrary to general law or ordinance.
h} Continuances: Unless contrary to general law or ordinance, any item on
the County Commission meeting agenda may be continued by a majority vote of those
County Commissioners present. The continuation must be to a time and place certain
which may be later during the course of the same County Commission meeting or to a
subsequent meeting.
i) Reconsideration: During the course of a meeting and after a vote has
been concluded on an agenda item, any Commissioner who voted with the majority may
move for reconsideration of that item. If the motion Is approved by a majority of those
Commissioners present, then the Commission may ratify, rescind, or amend the decision
made by their initial vote. Provided, however, in the case of any agenda item where a
statute or a County ordinance requires published notice and a public hearing, then the
approval of a motion for reconsideration will operate to stay the effect of the initial vote
until the notice can be republished and a subsequent public hearing held. Upon
conclusion of the subsequent public hearing, the Commission may ratify, rescind or
amend the decision made by the Commission's initial vote.
At the next regular County Commission meeting, any Commissioner may move to
rescind or amend the decision on an agenda Item that was the subject of a vote at the
previous regular or special County Commission meeting. If the motion is approved by a
majority of those Commissioners present, then the Commission may ratify, rescind, or
amend the decision made by their initial vote. Provided, however, in the case of any
agenda where a statute or County ordinance requires a published notice and public
hearing, then the approval of a motion for reconsideration will operate to stay the effect
of the initial vote until the notice can be republished and a subsequent public hearing
held. Upon conclusion of the subsequent public hearing, the Commission may ratify,
rescind, or amend the decision made by the Initial vote.
No previously voted upon agenda item may be the subject of a motion for
reconsideration after the adjournment of the regular County Commission meeting that
immediately follows the meeting at which the initial vote was taken.
j} A County Commissioner may not engage in a discussion about a quasi
judicial agenda item outside the confines of the County Commission meeting with any
4
party having an interest in the item. If a County Commissioner is in doubt as to whether
an agenda item is quasi judicial, then he or she should contact the County Attorney (or
an assistant) before engaging in a conversation with an interested party. -.
Section 1.04 - Presiding Officer, Election, Duties:
a) Chairperson: The Presiding Officer of the County Commission is the
Chairperson/Mayor, who shall be elected by a majority vote of the members present at
the regular meeting of the BOCC in November. The November meeting in election years
must be on the date newly elected commissioners assume office as provided by law.
Selection of the Chairperson/Mayor 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 Chairperson/Mayor
Pro Tem shall be in an identical manner.
b) Vice Chairperson: If, for any reason, the Chairperson is absent or unable
to perform his/her duties, the Vice Chairperson, who will have been elected under the
same circumstances as the Chairperson, 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 meeting at which this is determined, a new Vice Chairperson
shall be elected by a majority of the members present at the meeting.
Section 1.05 - Parliamentarian:
The County Attorney or his/her designee shall act as parliamentarian and shall
advise and assist the Presiding Officer in matters of parliamentary law.
Section 1.06 - Attorney:
The County Attorney, or designee, in his/her absence, shall be available to the
Commission at all meetings unless excused by the Mayor or Administrator. He shall
draw ordinances and resolutions for any member of the Commission when and as
directed.
Section 1.07 - Call to Order:
The Chairperson shall take the chair at the hour appointed for the meeting and
shall immediately call the Commission to order. In the absence of the Chairperson and
the Vice Chairperson, the Clerk shall then determine whether a quorum is present and in
that event shall call for the election of temporary Chairperson. Upon the arrival of the
Chairperson or the Vice Chairperson, the temporary Chairperson 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/her
designee shall call the roll of the members in alphabetical order unless the Chairperson
stipulates all are present and the names of those present shall be entered in the
minutes.
5
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 Chairperson, or the Vice-Chairperson, or in their absence, the Clerk or
his/her designee, may adjourn the meeting until the next day.
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 constitute
the order of business, unless otherwise determined by the Mayor.
Section 1.11 - Rules of Debate:
a) Each meeting agenda must state: "Any person who wishes to be heard
shall, prior to the item being called, provide the Clerk with his/her name and residence,
and the agenda item on which he or she wishes to be heard. An individual has three
minutes. However, the first person representing an organization has five minutes to
address the Commission. Subsequent speakers for the same organization have three
minutes to address the Commission. For land use items, the time statement will be:
"The petitioner and, if the owner Is different than the petitioner, then the owner of the
property that is the subject of the land use item, will be allowed 20 minutes to address
the Commission. Other persons are allowed five minutes to address the Commission."
b) Questions under Consideration: When an item of business has been
announced by the Clerk, the Clerk shall notify the Chairperson of any persons who wish
to be heard on that item. Upon conclusion of audience participation, the Board shall
then consider the item.
After the Commission has begun its discussion of the item, no further audience
participation is permitted, unless the Mayor (or other Presiding Officer) permits a
member of the audience to respond to questions from the Commissioners. A mutlon
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 m<otion
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 the matter under consideration.
c) As to the Chairperson: The Chairperson 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
6
and shall not be deprived of any of the rights and privileges of a Commissioner by reason
of his/her 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 or her to order or as herein otherwise provided. If a
member, while speaking, be called to order, he/she shall cease speaking until the
questions of order be determined by the Presiding Officer, and if in order, he/she shall be
permitted to proceed. Any member may appeal to the Commission from the decision of
the Chairperson upon a question of order when without debate the Chairperson 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 delivers a copy thereof to each member of the Commission, the County
Attorney and the County Administrator at least one full working day preceding the
meeting at which the minutes will be approved. The minutes of prior meeting may be
approved by a majority of the members present, and upon such approval shall become
the official minutes.
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 Chairperson 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, at the conclusion of the 'Passed and
Adopted' clause, a list of the members of the Commission and the vote cast by each
('Yes', 'No', 'Abstention,' or 'Not Present').
7
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/her designated deputy, shall be the sergeant-at-arms at
the Commission meetings and will carry out all legal orders of the Chairperson for
purposes of maintaining order and decorum in accordance with these rules and Florida
Statutes.
Section 1.16 - Ordinances, Resolutions, Motions, Contracts and Other
Documents
a) Preparation of ordinances and resolutions: The County Attorney, when
requested, shall prepare ordinances and resolutions, a copy of which shall be delivered
to the County Administrator, whereupon the Administrator shall forthwith furnish a copy
to each Commissioner. The original of the ordinance or resolution shall be filed with 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 all 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 shall have
been reduced in writing and shall have been approved as to form and legality by the
County Attorney. When so referred, the County Attorney shall affix his/her signature on
the document certifying to the legal sufficiency and shall append his/her
recommendations as appropriate.
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 and County
Administrator may present ordinances, resolutions and other matters or subjects to the
Commission for consideration, and any Commissioner may assure sponsorship thereof by
moving such ordinance, resolution, 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, Administrator, Division 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 document shall have been completely
processed according to Administrative Orders issued by the County Administrator.
8
d) All ordinances, resolutions, contracts and other documents approved by the
County Commission must be signed by the Mayor, or Mayor Pro Tem in the absence of
the Mayor, as promptly as possible. -.
Section 1.17 - Adjournment:
A motion to adjourn shaH always be in order and decided without debate.
Section 1.18 - Clerk, Minutes, Correspondence:
a) The Clerk of the Circuit Court, or his/her designated deputy, shall act as
Clerk ex officio to the County Commission. The Clerk shall prepare the minutes and
attest to all resolutions and ordinances.
b) 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.
c) The Clerk shall be custodian of the County Seal, affixing the seal to
documents as appropriate and attest to the signature of the Presiding Officer on all
ordinances, resolutions and other documents.
Section 1.19 - Committees.
a) Committees shall be established by Board of County Commissioner
resolution and shall be for a specific time duration and purpose.
b) Function.
1. The Committee will only function in an advisory or investigative
manner, as specified by the establishing resolution, and will have no legislative,
directive or enforcement authority.
2. Any item requiring formal action shall be referred to the Board of
County Commissioners for action at a regular meeting for consideration.
3. Committee meetings shall be properly noticed according to
requirements of statute. All committee meetings must be held in the sunshine as
mandated by Sec. 286.0105, Fla. Stat.
4. Committee reports to the Commission may contain recommendations
of action but must contain all data and views concerning the matter so as to
inform the Commission of all available information prior to their decision, and not
Simply consensus views.
5. The County Administrator shall provide the committee with a County
employee to take written minutes of all Committee meetings. The County
Administrator's Office shall also be the custodian of those minutes.
9
c) Composition.
1. Committees may be composed of any number considered. to be
beneficial but appointments must be equally distributed among Commissioners, so
as to reflect county-wide composition.
2. Committees shall elect their own respective chairperson.
d) Committees shall adhere to the rules adopted by the Board of County
Commissioners as Governing Rules Section 1.01 of these procedures.
e) Committees shall provide the Board of County Commissioners with a written
or oral report on a schedule to be determined by motion of the Board.
jdconBOCCAdmProc
10
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ADMINISTRATIVE POLICIES
TABLE OF CONTENTS
PAGE
Impact Fees 2
CPI 3
Career Service Council 4
Appointment of Commissioners, Travel 5
Resolutions 6
Events, Coin Toss 8
Annual Charge of Agendas 9
Meeting Locations 10
County/City Commission Meetings 11
Agenda Format 12
BOCC Meeting Times & Dates 13
South Florida Water Management District 14
Condemnation & Demolition 15
Preface to Bulk Items 16
Agenda Packet, Placement & Standardization 17
Appointment of public to Boards & Committees 18
Appointment of Commissioners to Boards & Committees 22
Administrative & Operational Policies & Procedures 25
Receipt of Bid Policy 26
Assignment of issues to Special Counsel 28
Use of Promo 5000 Account for BOCC sympathy 30
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 c
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.
y
(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 interlqcal agreements with other govern-
mental entities
I.
Where official
exist regarding
determinations,
cerning appeals,
recording documentation needs to
property determination (boundary
plats, decisions of the Board con-
vested rights hearings, 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
Rp.quests 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 Charqe 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)
Meetinq 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 Meetinqs
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)
Aqenda 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)
Meetinq 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.
J
(13)
South Florida Water Manaqement 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.
J
(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-budqeted related costs
involved in accomplishinq this task usinq appropriate County
personnel or local contractors. Roll call vote was taken with
the followinq 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......
J
(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)
Commissioner Stormont
Policy Statement No. =;0"2. - {'1 ~
A POLICY STATEMEN~' OF TilE 1I0ARD OF COUNTY
COMMISSI0NF.RS OF MONROE COtINTY, FI..OHIDA, Rr-:G^RlJ:lt~(;
APPOIN'fMEN'l'S 't'O VAR10US DO.AlmS AND COMl-JIT'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
requirements as to appointee sponsor and geographic
representation, and,
l"1HEREAS, certain other appointments 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 CnrnmissinnC!rs 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 racorc'led
appropriately,
THEREFORE, THIS POLICY STATEMENT IS IIEREBY ADOPTED:
Section 1. Numbers of Appoin!=ments - rotation
Appointm~pts to Boards and Con~ittees specifically
designated as Board of County Commission/Mayoral
appointments sh411 be made according to Statute, except when
the partic:uIDr p,osition of the Mayor being allotted more
appointments than are other Commissioners, the appointment
(or re-appointment) shall be by title rather than by named
appointer.
(Example:
Mayor/Commissioner V - 2 appointees
Commissioner w. 1 appointee
Commissioner y. 1 appointee
Commissioner y 1 appointee
Commissioner Z 1 appointee
Appointments are for 2 year t~rms. Commissioner U
-'
succeeds Mayor/Commissioner V by election to office, or
Commissioner Y succeeds Mayor/Commissioner V Ly
selection as Mayor, Mayor/Commissioner V thereafter
( 18)
would hnvc only one appointment with the ~(:~ond
appointment being made by Mayor/successor: or
Commissioner U, succeeding by election
Mayor/Commiseioner v, would be entitlec to only one
appointment, wi th N:ay~or Inucce~sor making the other) .
Section 2. Hoard appointees
Where appointment. by statut~, tndicar.es nappoi ntm(::nt
by the Board of County Commissioners'" pro~er nominations
are to be received and acted upon from other Commissioners,
rather than assumption of appointment by Mayor, every
Commissioner having been previouely notified as to
nomination opportunity. Where there does not exist statutory
indication as to method of appointment, assumption shal: be
that appointment is to be by the Board of County
Commissioners, as a body.
Section 3. Jurisdiction of ~ppointees
All citizen appointftlents hereafter to BOilr.ds Llnd
Committees whi,:h act on matters invlllving only
Unincorporated "1onroe County, whcrp. not otherwise specified
by geographlc area, shall be filled by residents only of t.he
Unincorporateq. area, in order that their actions 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 limit.ed to Planning Commi~;sion, Code Enfor.cenlcnt
Board, Highway Beautification Committee, and the like.
Section 4. Geo~raphic Reprcsen~~
All citizen uppointment& hereafter to Boards and
Committees, where not otherwise cp~cified by geographic
area, shall additionally be constituted to be repre6entat.iv~
of the geogrephic area of total Monroe County, to include
the City of Key Nest, if Board or Committee actions involve
responsibilities throughout Monroe County, or be
representative of the geographic arCgS of Unincorporated
Monroe County only, if Board. and Committ.ec actions invoI....e
responsibilities only in th~ Uninccrporated Monro-e County.
J
(19)
Section 5. Implementation o~ Policy
As Boards and Committees hereafter become constituted,
specificness of representation and of appointment method
shall be designated in the enabling Resolution or Ordinance,
to assure implementation of this policy Statement.
Section 6. Standardization of APpointment Dates
At the discretion of the County Administrator, his
office shall attempt to confonn future appointments to
membership on Boards or COntmi ttees t.o establish, where ,.ut
otherwise required, an appointment. date to coincide with the
first regular meeting of the Board of County Commissioners
in the month of January.
Section 7. Consistency of Policy
As Resolutions or Ordinances become modified in the
future, such modifications shall additionally implement ttli!::i
Policy Statement. At the discretion of the County
Administrator, he may bring modifications of previous
Resolutions or Ordinances to the attention of the Board 0f
C;uunty Commissioners for their r~vision sc as t.O conform tc.,
this Policy Statement.
Section 8~ Terms of Appointments
As appointments are made, they shall, if necessary due
to thll failure of appointment aceording to specifically
designated time .frames, be for the balance of a time pe::-iod
commensurate had the appointment been made timely.
(Example: Appointment X is for a term of t.wo yea:rs,
beginning January 1, 1986 through January l, 1988.
Appointment of ne-." person 'l tak.es place April 1, 19138.
'lIs terI\'l will run from Apri.l 1, 1988 through January 1,
1990, so as to keep continuity in conjunr:-tion wittl
terms of the other Board or Committee members.)
Section 9. Termination of Annointm~nts
Appointments shall be terminated by statutory
requirements or by direction of term, unless appointee nc
longer meets residence or other criteria requisitp for
appointment.
-'
(20)
Section 10. Unexpired Terms
Appointment.s to :111 unexpired terms shall be for the
balance of tho de!':igrH.1tcd term only, with new appointment
(or re-appointment) LC'ing made hy the dt":signl.lted date for
the new term.
Section 11. APpoin~ment Carry-over
Appointments madl:- by Commissioners .....hile in office,
shall not be terminatea sol~ly upon that Commissioner leaving
office, so as to maintain Co balance and'uniformity of
process.
-'
(21)
-........
,/
,
I
,
J.
Coaniasioner Stor~ont
pOlicy Statement NO.~~~
A POLICY S'I'M'f.MEN'I' 01' 1'''~: IIOAIID 0)' COuNTY
COMMISSIONERS OF MONROE COIIN'I'Y, PI.oRIDA, REGIIIIDINC;
TilE APPOINTMENTS '1'0 VARIOUS DOARDS AND COMMITTtES
OF INDIVIDUAl. COUN'I'Y COMMISSIONKIIS.
WHBRRIIS, the Board of County Commissioners of Monroe
County, Florida, desire that tht' burdens of government
require participation, experience and knowledge of all
Commissioners ss to the varied aspects and functions of
government provided by eervice on Donrda and Committees, and
that this is beet eccompUahed on a rotational bash among
Commiesioners, end, .
HHEIlIA8, ...mberships on tho varied Doards and
Committees available and required aa duties of office
require additional eervice beyond Uloall nornlal governntental
dutios of Commiesionera, and,
WHEREAS, tho Board ot County Commiseionors desires to
rospondbly ...stabl hh equi ty In sharinq tho dutte8 of
goVerMent among hs ,nembere, and,
WHEUIIS, ell Commi88ionere, regftrdlea8 of hmpeUfttent,
gender, affJliation, phil080phy, intereats, associations Or
other criteria ero equally and dUly elected by a majority of
electors for the duration of their ~erm nf. office, and are
"
deemed to be equally quaUfted and capable of aervillg in
various capacities relating to their positions, and,
HKEIIEA8, all COlNftbdoners, in thei.r positiona, hold no
lall81 stature apart trom ot~er Com.'bsioners which Would
provide them with separate abilities or pc~ers to perf.orm
certain Board or Committeo responsihilit1c8 required a.
general IIovernmental obligationa, or preclude tll<'ln tro",
sharing the roepondbiliti..a of gove,:nlDcnt,
'I'KEREFOIIE, 'I'HI8 PO~ICY 8TATEM~NT IS HE~BY ADOPTED.
Section 1. Intent
.'
It ie hernby the desire ot tho no~rd of County
Commi..ionora nr Mnnl"Oe County to '"q\1tt,ubly d1f'trJ.butCl: IHl"
shere the burden. and dutios of govQrnmant among t.hnll'lanlve..
as Are necossery and incumbent Upon thbir Office. It is
(22)
aha the c1"fOire of. the Bonrd of County COlRmhs.loll<Jr8 of
Monroe County t.h.l all Comm1ssionofK, upon a&8URlpt!on e.f
ofUce, bo acquainted and famillal.hod to tl", QrIJateot
IIxtent poaelblo with goval.nn.entill fun"Uona provided I>y
various Boards and Cnmmittees apart from tllc.dr Jlornu\l
du tie..
Sect j o..!l...l. ArJPoir.tlnc.m t _~~..~.(l
All repro~.nt.lltion on l1C1i1rtl!. hua Commj tteo!\, where not
otherwhe governed by Statute, to which nlCl.nbenhil' 18
required or made available, ahall hereafter be made at th..
first: regular moeting of the /Io;,rd of County Commhsiollors
in January of "aeh yoar.
SectiOIl 3. -~1..!'~lE!..~!'.!!
All apl1u1ntl.ento to Roar4o i,nc1 Commit.uma of
Commisaionera by tile orfice of H,'Y01. ahall I", ollly a.
designated by opecHic statuto. ^11 othElr appoint..a"t" tu
Boards and Cotnlnitteee of Commj ".iont.tl:1:I Ili:httl1 be by .oJ(~ctj on
uf peerll.
Sactlon.. Termll of ~ljJlt.!...~!!J:1I
Where not. othorwise dutunni I\ttc;1 by spec! fie litatl1tc,
,
terms of Comml'8.donorll on J\oArt1n 1IIId C<.mmit.ttlU!; shall h() for
one year l' appoint.lrlenl i. Inade, at. tho first J'egul nr lu(.(~tiuq
of t.ho Board of Count.y Commiliffiol1(!,lo~ in ;,"mUUy, unh:ss such
appointment. 1& .."de during the YORr, in which case, tho,
"ppointment shall terminata aa of !:t,,, first rcgulnr 'n""t i"g
of the Board of Count.y Comm.iaa:IOl1t'rbl in .14.tntuITY.
!!!ction 5. Hethod_..~f 9._~~.ti.o.,\
o'
Unlos8 ~locti()n by or appnint.Dlont to lIlIY budy ois
'Joverncd by npacific By-Lawa oC thhl body rcqul"tinq
appointment. or me"ber. thereto, al'l'o1ntLlOntn tCJ Roardr; And
Co...itte"a at the firat. regular lft"OHnq. of t.ho lIt'ard ne
County Comminioncra in January nhall b.. hy alphobcUc:ul
rot.t1on by COIlIm;i.e,alon81' n_1I\e BihtOlUJ all CnmmJ 1101(111010& fur
appuintment t.o nc.llrds "ud C'omlllJ l1.c-,u, .PIJ(!lIr J 11'.1 (In a lh:.1
previou..ly dbt.ribut..d by th" C'..unt.y Ad..lnintrator.
Further, any appo.inl.lnent.. to 110"1"<1. al\,l Co....Jttcec which ar"
(23)
.' :;,.
.
designated by utbtuto to be the prerogntivo of tho Mayor
shall be by alphabetical rotetion by Commi~.ioner name amon!
all Commi..ioner~.
Soction 6. Travel Ile',uiremenh
Any travel or other legally l'uJmbursnbl e exponses
incurred by any CO'l\luhaionor in v"rformJng dutio8 on betll.lf
ot, or attendance Gt Any meeting of Ro&rd or Committco to
which he haa been appointed, 1c h"roby Guthorbed. unle8s
such ."pense. Gre reimbursable by the ~onrd or Cammitt~e
itself from its own lunds.
"
"
-'
"
(24)
Administrative & Operat:tQ.~aJ Policies & 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 "!xecution of the
change order is still required.
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 and procedures.
5.
County Administrator is authorized to approve
pauper burials in accordancp wit.h established
MCBOCC policy and procedureFl.
6.
Specific MCBOCC approval of final contract
payments not required unless there exists unusual
or extenuating cir.cumstancer: r.ol1G"rning said
contract.
.'
7.
Normal term for all lease "gr....m.mts is to be a
minimum of three (3) years.
Adopt a set of Monroe County Standard Contract
Document Forms containing all statutory and unique
County policy or procedural requirements for use in
the preparation of all contract documents, leases
and agreements.
8.
(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 )
......- I
...___e_.._ --- ~
firm of TOppino's Inc., in the amoun~ a~ ~.,4~4,J.W'-~'
Roll call vote was taken with the following results I
Commissioner Cheal Yes
Commissioner Jones No
Commissioner London Yes
Mayor aarvey Yes
Hotion carried. DUring discussion of procedures used for
the bidding of construction of the facilities, the Board
discusssa.the Record's Center construction. The'Clerk
advised the Commission that he WDuld recommend that the tra-
ditional methods be used in the bidding and procurement of
construction services for the record's center on Jackson
pquare. Hation 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. Rall 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. Rall 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. RaIl 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 receiv.ed
bids. Rall call vote carried unanimously. The Board' then
entered general discussion of the bidding process. NOtiqn
'W."JII.tJ'.,.~f.,CQ..ll1l1ionu JoneB and secoDded bf ColDlllisslemer
. ~bl.!Jif..~,.".~,~n.h ,~,. ~h,~ t:bl. U'"', o~. ~h.. C;:!Jt-
Rff,;Uif; .tb~~tP' Jut: of' ~i~r~~ld ; coineld...wl"~~'hgp.nlng
~tJ:~".. bla8;..-and" that any bl~~. feceived aftu that time .
"1iJPU~..~. auta_tieally rejected. , ROll call vote "lI-rriec2
9,nan1Ji!QuB1y. Motion was made by Commissioner Cheal and
seconded by commissioner Harvey to appoint the firm of ~
Harrison Knudson/Gerrits and the County Engineer, 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. Rall call vote was unanimous.
oj
.~
i/....
y'
The Board of County Commissioners re~esse~.:
....... ..
. . . ~j . ~S ~I ~ (
Cju-4 17 -
. ,
IYl.R /l/\ 0 ,~'l<.:f-
.. (27) -11' tC (1'.17 1\...J-1-
POLICY ASSIGNMENT OF ISSUES TO SPECIAL COUNSEL
BACKGROUND
Monroe County utilizes the services of a number of attorneys
as special counsel to deal with specific areas 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 concern~ng
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 ~ithin
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
.J
(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.
J
(30)
~I..'Y\M.~ t\.lh..-. '1'1'\ cu.) 11 I I q q Lj ~~
t4/15t
County Administrator, James Roberts and Actinq Director
of the Office of Manaqement and Budget, Eva Limbert, presented
the Five (5) Year Budqet Trend.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman qrantinq approval of a policy to allow the
Administrator to approve expenses for interviewed for positions
of Division Director, Department Director and other siqnificant
level positions as determined by the Administrator. Motion
carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey qrantinq approval of a policy for the
utilization of the Promotional Account for expression of sympathy
by the Board of County commissioners. Roll call vote was taken
with the followinq results:
commissioner Cheal No
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal qrantinq approval for the Administrator to
advertise for Qualifications for the hiring of a facilitator for
the strateqic planninq process. Motion carried unanimously.
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal qrantinq 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.
Hr. Roberts and the Board discussed the approval of a
proposed policy for the handlinq of major issues and contact with
citizens. No official action was take.
J
Hr. Roberts and Ms. Limbert made a presentation of the
revised Capital Improvement Program. Motion was made by .
Commissioner Reich and seconded by Commissioner Freeman qrantinq
approval of the revised Capital Improvement Proqram. Motion
carried unanimously.
HZSCBLLAHEOUS BULK APPROVALS
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich qranting approval to send a letter to Virqinia
Wetherell, Secretary, Florida Department of Environmental
I.""