Item M5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20, 2001
Division:
County Administrator
Bulk Item: Yes
No -1L
Department: County 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.
TOT AL COST:
-0-
BUDGETED: Yes
No
COST TO COUNTY: -0-
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty--2L
OMB/Purchasing _ Risk Management
-~~
James L. Roberts
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Incl uded
x
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # / -!JJS
VARIOUS OTHER APPOINTMENTS/NOTES
Industrial Development Authority
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 term ending in
2002. NO ACTON NECESSARY.
Health Care Coalition/Rural Health Network
Mayor Neugent and Commissioner Spehar appointed on 12/14/00. Terms 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 APPOINTMENT/REAPPOINTMENT. 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
government liaison on these issues.
NEED APPOINTMENT/REAPPOINTMENT. 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 APPOINTMENT/REAPPOINTMENT. PREFERENCES
. Nelson
_..,-_....<'_.__..__...,._.._~..,--_._--_.
2002 ORGANIZATION FOR ROTATIONAL COMMISSIONER A TIEND~CE:
1. UBRARY ADVIsoRY 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)
1. 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 ADVISORY 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)
1. 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 als'o,. 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 agen-da, 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 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 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
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
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 3
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.
3
(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
Setting times and dates for
required for advertising
abandonments, etc.)
H. Explicit interlocal agreements with other govern-
mental entities .
G.
Public
purposes
hearings when
(such as road
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 of the contract,
much in the same way that current Resolutions are
drawn for "nonprofit" transfer of budget-allocated
funds)
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 Charge for Agendas
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.
y
(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
Commissioner Cheal and seconded by Commissioner Jones
Tuesday meetings will begin at 9:00 a.m. Motion carried
mously.
(13 )
made by
that all
unani-
_l
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
y
(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
Is1amorada
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. -=;Ci"2.~$
A POLICY STATEMEN'l' OF THE BOARD OF COur.ITY
COMNISSJONF.R5 OF' MONROE COlJNTY, FLOIUDA, REGARlJll';(,
APPOIN'l'NEN'l'S '1'0 VARIOUS DOI\I<OS AND COM!-IIT'1'EES OF'
THE COUNTY OF MEMBERS OF 'l'HE 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,
mlEREAS, 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 Commissioners of Nonroe
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 expeditiou~ly and recorded
appropriately,
THEREFORE, THIS POLICY STATEMENT IS HEREBY ADOPTED:
Section 1. Numbers of 1\ppoin!ments - rotation
Appointm~J1ts to Boards and Committees specifically
designated as Board of County Commission/Mayoral
appointments shall be made according to Statute, except when
the particul~r position of the Nayor being allotted n~rc
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 1-1 . 1 appointee
Commissioner X 1 appointee
Commissioner Y 1 appointee
Commissioner Z I appointee
Appointments are for 2 year terms. Commissioner U
_1
succeeds Mayor/Commissioner V by election to office, or
Commissioner Y succeeds Nayor/Commissioner V by
selection as Mayor, Hayor/Commissioner V thereafter
(18)
would have only one appointment with the second
appointment being made by Mayor/successor; or
Commissioner U, succeeding by election
Mayor/Coromissioner V, would be entitled to only one
appoir.tment, with ~;dY'OI-/~uccessor makir.g the other) .
Section 2. Board appointees
Khere appointment. by statute, indicates "appointm8nt
by the Board of County Commissioner~;'" proper nominations
are to be received and ncted 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 appointment, assumption shal: be
that appointment is to be by the Board of County
Commissioners, as a body.
Section 3. Jurisdiction of Appointees
All citizen appointments hereafter to Boards and
Committees which act on matters involving only
Unincorporated Honroe County, where not otherwise specified
by geographic area, shall be filled by residents only of the
Unincorporate~ area, in order that their actions be guided
by and be responsive to only the Unincorporated aren for
which they govern.
Such Boards and Committees shall include, but by no
means be limited to Planning Commi!:sion, Code Enforcement
Board, Highway Beautification Committee, and the like.
Section 4. Geographic RepresentCltion
All citizen dppointment~ hereafter to Boards and
Commi ttees, I"here not otherwise spe-cified by geographic
area, shall additionally be constituted to be representativ~
of the geogr~phic area of total Monroe County, to include
the City of Key I\est, if Board or Committee actions involve
responsibilities throughout Monroe County, or be
representative of the geugraphic areas of Unincorporated
Monroe County only, if Board and Committee actions invol~e
responsibilities only in the, Unincorporated Monroe County.
-'
(19)
Section 5. Implementation o~ Policy
As Boards and Committees hereafter hecome 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 G. Standardization of Appointment Dates
At the discretion of the County Administrator, his
office shall attempt to conform future appointments to
membership on Boards or Committees too establish, where !',ut
otherwise required, an appointmerit 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 tl,is
Policy Statement. At the discretion of the County
Administrator, he may bring modifications of previous
Resolutions or Ordinances to the attention of the Board of
County COllL'Tlissioners for theil- revision se as t.o conform to
this Policy Statement.
Section a~ Terms of Appointments
As appointments are made, they shall, if necessary due
to the failure of appointment according 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 two years,
beginning January 1, 1986 through January], 198B.
Appointment of new person Y takes place April 1, 1988.
Y's term will run from April 1, 198B through January 1,
1990, so as to keep continuity in conjunction with
terms of the other Board or Committee members.)
Section 9. Termination of Acoointmpnts
Appointments shall be terminated by statutory
requirements or by direction of term, unless appointee no
longer meets residence or other criteria requisitp for
appointment.
-'
(20)
Section 10. Unexpired Terms
Appointments to !ill unexpired terms shall be for the
balance of the deRignatcd term only, with new appointment
(or re-appointment) being made by the de,signated date for
the new term.
Section 11. Appoin~ment Carry-over
Appointments mad,~ by Commissioners while in office,
shall not be terminat~d sol~ly upon that Commissioner leaving
office, so as to maintain Co balance and 'uniformity of
process.
-'
(21)
~'..'_t..
{
(
..J-
CommilJs.1oner Stornlont
Policy Statement No.~.:JLt~
A POLICY STA'),,.;MF.NT O}o' 'J'm; UOAkD Clio' COUNTY
COMMISSIONERS OF MONROE COUNT).', F'I.ORIDA, REGARDING
THE APPOIN'I'MENTS '1'0 VARIOUS DOMDS MJD COMMI'l''l'l~t~s
OF INDIVIDUAl. COUNTY COMMISSIONERS.
WHEREAS, the Boord of County Commisaionern of Monroe
County, Florida, desire that the> burdens of government
require participation, experience and knowledge of all
Commissioners as to the varied aspects and function6 of
government provided by sElrvice on Jlor\rds and Committeea, and
that this i8 be8t accomplished on a rotational baSis among
Commissioners, and,
WHEnEAS, memberships on the, vltried Doards ond
Committeos availbblc and roquired as duties of office
rt.~quire additionAl service beyond those normal 90vcrnmental
duties of Commissionera, and,
WHEREAS, tho Board of County C~mmi8aionors desires to
rosponsibly c8tabliah equity in sharin9 tho duties ot
government among its members, and,
WHEREAS, all Commissionors, reC]l\rdless of temperllment,
gender, affiliation, philosoPhy, interests, as~ociations or
other criteria arc equally and dUly el~ctcd by a majority of
electors for the duration of their term nf offjce, .1nd are
.-
deemed to be equally qualified and c~pabl~ of &erviog in
various capacitie. relating to thbir posJtion&, and,
WHEREAS, all Conunhsioners, 1n their positions, hold no
legal stature apart from ot~Qr COnlnliSllionera which Would
prov1de thenl with separate abllJt"ios or pc,wcra to PErrfocm
certain Board or Committeo responsihilities required at
general governmental Obligations, or preclude th('an froll!
sharing the rosponsibilitina of gover'nmcnt,
THEREFORE, THIS PO~ICY STATEMEN~' IS Hr.R~BY ADOPTED,
Section 1. Inte~
.'
It is hernby th~ desire of tho nObrd of County
Commissioners of Monroe County to t'Q\l t tut.ly c]1:;;tributo and
share the bUrd~ns and duties of govornmont among thnmsolve~
llS are necessary and incumbent upon their office. It is
(22 )
also the dcfOire of tho Bonrd of County Commi sfiioll(:rs of
Monroe County t.hat. all Cornmi8sionol.~, upon ll&sun'ption elf
off.ice, be ftCqulIinled and farn:! UlIJ"i?od t(l the <Jrf~..tC[lt
ox tent possible wi th qovoJ"nn,entlll fUlwU on(< prov i cl~c1 by
various Doarels und Committecs ltpllrt" from tlldr HorRlttl
dutteR.
Sectio.!L..? AJ}poir~_.!:>.ll.t-"
All represent.ation on 1l0Clr.ch. 1111<1 Commi tlees, where not
otherwise governcd by Statute, to which memhership is
required or made available, shall l~reDrter ~e made at th~
first regular moeting of the ROilJ:c] of County CommJsslorlers
in January of each yoar.
Section 3. u~~i..!',!ti.~.!:.~f~
All appu.1rlt.nlento to Roare1c. i&Oe1 Commilteos of
Commissionors by the office of M,'YCll" shall ht~ ollly iHI
designated by opeci fie st.L1t.ute. All ot h(lr" apf>oinlmentz; to
Boards and COlMlittees of Comm:lasiont:1.H ahtlll be hy so)(~cti(m
of peers.
So c t j on 4 ~~~ f\'p'p"oj}) t.!!~~)~~E.
Where not. otherwis~ dutunni 1Ic::t1 by 8pl~t.:i fie.: sttltute,
terms of Comm1'ssionorl:l (In UoardH Ilud Committl!t.l!; shall br- for
one year if .'lppoint.ment. is Inad(l at t.ho rh.st. regulor IlIel!tillY
of tho Board of County Commi6Hiouen. in ""lIlUClI 'i. Ulll(~ss such
appointment is made during the }'(!Clr, in whle}, case, th~,
llppointmcllt shall term! nate as of thE! first regulnr 1I1~(:t i 09
of the Board of Counly Commissionl.'rH in .1amlUry.
..
!!!ct.1on 5. Met.hod_..~L~}~~.~.i.o.~
_1
Unless ('loctian by or appcdntDlcnt to <illY br.ld'i .is
I)ovcrncd by apeciUc By-Laws of thlll body rcgulrtling
appointment. of members thereto, alJPolntr.u:mtn to Roardr; And
Comm1ttoos at the first regular IR(!ct'.incJ of t.he Buarc1 of
County Commissioners in January nhllll UP. hy alphllul!tic:Lll
rotation by COlllmlbSional" nlllRE! all'OllCJ all Commi IJRioncl'a for
tlPl'ointmcnt t.o R(tards /llld ('omrnitlcflf; llprJ(!,1r,iIlY on a lh.!
previously dilllriuutt>d by th~ C()UIlt.y Adminifltrllt.or.
Further, any appoinlmenta to ROeU'elK anct Commi ttces which Ar'l
(~3)
..,
.' "".
,
designated by ~t~tuto to be the prcro9ntiv~ oS ~h~ Mayor
shall be by alph~bvtical rotation by Commi~sionar name among
all Commissionerf-.
Soction 6. Travel Requirements
Any travel or othar legally rujmbursabJe cXp~n~eE
iJlcurred by any Conulliasionur in p(~rformJng dutios on veb'llf
of, or attendance ct any meeting of Roard or Committeo to
which he has been appointed, J.B hc)rchy authori~ed, unlells
such expenses are reimhursftble by the Ronrd or Commilt~e
itself from its own funds.
"
"
_1
.'
(24 )
Administrative IX OperattQ.~aJMPolicies IX 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 reqtlired.
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 accordance w:it.n established
MCBOCC policy and procedures.
6.
Specific MCBOCC approval of final contract
payments not required unless there exists unusual
or extenuating cir.cumstancer-: r.onct=>rning said
contract. ~
7.
Normal term for all lease rlqr~",ments is to be a
minimum of three (3) years.
8.
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 contr.act 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 the New Monroe c;;ounl;J" U....-..----- ----- -
~. firm of Toppino's Inc., in the amount of $1,292,526.25.
Roll call vote was taken with the following resultsl
commissioner Cheal
Commissioner Jones
Commissioner London
Mayor Harvey
Yes
No
Yes
Yes
Motion carried. During discussion of procedures used for
the bidding of construction of the facilities, the Board
discusseo.the Record's Center construction. The'C1erk
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 ~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. Boll 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 Sid 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~Soard 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 Soard 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. Roll call vote carried unanimously. The Board then
entered general discussion of the bidding process. Hotiqn
. W~l. ,"9'"J~f .,CQllUliQ.tone~ Janes and seconded by Cammisslcme~
. qbl,!l~\,~":'.!i,~J.i.'h . ~~&i~OllC:i" ~b,~ ~b,. t~l9.. ot. th~ C\1t-
get~lP.t:.th...qf'Q.J9t: 0 '. 0' would; coinclde..wl":~~,~.gpenlng
,>>~;:,~_':1l1ds;.>and" that any blc;1~. ;~ceived after that time '
'~pU~~.b' automatically rejected. : Roll call vote ca~rtea
'~n.ni~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'Soard for final
selection. Roll call vote was unanimous.
The Board of County Commissioners re!=essed..:
oj
/1 .
iI~
')
CJ
.......
(27)
* AUs ~I, ~ I
(Yly ll/l C .tJ1" }<d-
-H) ~ t:1 (){-.,l-f-
~,<- <-'C ~- '/"'7:
* *
iJul?
/7 * ~j
"
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.
---:::::T
James L. Roberts
County Administrator
April 18, 1994
Approved by the BOCC on May 17, 1994
-'
(29)
, lIJ -.:
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)
'-""-~'''''''-~ 't 'cl)w. ')"'1'\ a.c) n I I q q L) ~~
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.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey granting 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 following 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 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.
J
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.
MISCELLANEOOS BOLK 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)