03/25/1980 Regular
u
os~
OJz.dinanc.e;
btMung
zoning
Regular Meeting
Board of County Commissioners
Tuesday, March 25, 1980
10:00 A.M., Upper Keys
Governmental Center
Plantation Key
A regular meeting of the Board of County Commissioners
convened on the above date. Present and answering to roll
call were: Commissioner George Dolezal, Commissioner Jerry
Hernandez, Jr., Commissioner Richard Kerr, Commissioner Curt
Blair and Chairman Don Schloesser. Also present were: Danny
Kolhage, Deputy Clerk; Michael Cates, County Attorney; Mr.
Charles Aguero; members of the Press and Radio and interested
citizens.
All stood for the Invocation and Pledge of Allegiance
to the Flag.
PUBLIC HEARINGS
Motion made by Commissioner Kerr and seconded by
Chairman Schloesser to read the ordinance by title only.
Motion carried unanimously. Ordinance read by title only.
The following individuals addressed the Board relative to the
amendment: Edwin Cothron, Alonzo Cothron Construction opposed
the amendment; Jeffrey A. Straw of Phillip Berger & Associates
Blasting Engineers advised the Board that the proposed amend-
ment was more restrictive than necessary; Mr. Ken Durr of the
Upper Keys Citizens Association supported the amendment; Mr.
Jones of Big Torch Key supported the amendment; Mr. Richard
Thompson of Big Pine Key supported the amendment. Chairman
Schloesser presented a petition supporting the amendment from
the residents of Summer Sea Condominium. Motion made by
Commissioner Dolezal and seconded by Commissioner Blair to
adopt the ordinance.
ORDINANCE NO. 5-1980
See Ord. Book #4 which is incorporated herein by reference.
Motion carried unanimously.
UNFINISHED BUSINESS
Mr. Harvey Hall of Department of Transportation address d
the Board concerning their need and application to construct
a borrow pit at Cudjoe Key. During discussion, Mr. Jones of
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UCS3
Big Torch Key discussed existing borrow pits and Mr. Richard
Thompson of Big Pine Key also addressed the Board concerning
existing borrow pits. After considerable discussion, Mr. Hall
was advised to follow the procedure as required under the
County Major Development Ordinance.
-
Motion made by Commissioner Hernandez and seconded by
Commissioner Kerr to approve the waiver of fees for work on
Pidgeon Key Ramp. Motion carried unanimously.
Motion made by Commissioner Kerr and seconded by
Commissioner Dolezal to postpone action on the approval for
dredge and fill project at Key Largo, Nichols Subdivision
for two weeks. Motion carried unanimously.
REPORTS & RECOMMENDATION OF COUNTY ADMINISTRATOR
Ramp6 ;
Uc.e.YL6 e.6 &
PeJtmU6 .
Z 0 Ml1g .
Commissioner Kerr discussed the Board's previous action RomU;
tUght-06-
concerning the clearing construction of turn-arounds in the waq. .
Bay Point area. Commissioner Kerr presented petitions from
Bay Point property owners objecting to the removal of trees
-
from the right-of-way in the Bay Point area not associated
with the work being done on the turn-arounds. After considera Ie
discussion, a motion was made by Commissioner Kerr and seconde
by Commissioner Hernandez directing the Road Department to
abide by the previous directions of the Board at the meeting
of February 12, 1989, to continue with the construction of the
turn-arounds and that they be paved at the earliest possible
date, when paving contractors are in the area or in the alter-
native to be done by county forces, to install medians in the
turn-around areas and to cease any further clearing of right-
of-way not associated with turn-arounds. Roll call vote was
taken and carried with Commissioner Blair and Dolezal voting
no.
UNFINISHED BUSINESS
Motion made by Commissioner Dolezal and seconded by Co~~
AgJz.e.eme.nt6
Chairman Schloesser to adopt the following resolution authoriz ng A~poJz.t
the Chairman of the Board of County Commissioners of Monroe
County, Florida, to execute an Agreement by and between the
County of Monroe, State of Florida, and Air Florida, Inc., and
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084
L e.g,{.1J la;Uo
Public.
H e.aLth .
TJtave1..
Air Florida, Sunshine Subsidiary d/b/a Air Sunshine.
RESOLUTION NO. 74-1980
See Res. Book #18 which is incorporated herein by reference.
Motion carried unanimously.
Motion made by Commissioner Blair and seconded by
Commissioner Dolezal to adopt the policy statement as amended
as follows:
Numbers 1, 2, 11, and 18 were deleted. Numbers 3, 4,
5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 19, 20, and 21 were
adopted as they were. Two others were added to read as follow
22 - Support Legislation to eliminate local Mental Health
Boards and 23 - Support Legislation to allocate fuel supplies
by County instead of Company. (See attached list)
Motion carried unanimously.
Motion made by Chairman Schloesser and seconded by
Commissioner Kerr to approve travel for the County Attorney,
County Administrator and any Board member to attend the
Legislative Sessions in Tallahassee, Motion carried unanimous]
REQUEST TO ADDRESS THE BOARD
Co.' Ta.x Co k. Mr. Harry Knight, Tax Collector discussed the use of
Fund6, gJz.a~;
MadUneny funds received by his office from a grant to purchase computer
EqtUpme.m:.
equipment. After discussion, a motion was made by Commissione
B~ng.6
GItO und6 .
Re.c.Jte..a.tion
Le.aI.> e., Co.
pita peJdy;
V,{.1J:t:JU.ct .
Hernandez and seconded by Commissioner Dolezal to authorize
Mr. Knight to utilize grant funds to purchase additional
computer equipment for his office. Motion carried unanimously
Mr. Knight and Ervin Higgs, Property Appraiser discussE
the uses of space now utilized by the judge in the Plantation
Key Courthouse and modifications to that space. Motion made
by Chairman Schloesser and seconded by Commissioner Kerr to
allocate the Judge's office in the Plantation Key Courthouse
to the Property Appraiser upon being vacated by the judge.
Motion carried unanimously.
UNFINISHED BUSINESS
Mr. Cates discussed his conversations with the Big
pine Athletic Association concerning a recreation area on
Big pine Key. Mr. Cates presented a proposed 10-year lease
u
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085
to the County for the property. After discussion, Commissione
Dolezal made a motion and was seconded by Commissioner Kerr to
approve the lease deleting item "J". After discussion, the
motion was withdrawn. Commissioner Hernandez returned to the
meeting at this point. Motion made by Commissioner Kerr and
-
seconded by Commissioner Hernandez to approve the lease and
delete item "J". Roll call vote was taken and carried with
Commissioners Blair and Dolezal voting no. The Board discusse
and requested the record to refelct that any additional fundin
above the $30,000.00 appropriated this fiscal year for improve
ments for the aforementioned recreational area would have to
come out of the special taxing district.
Motion made by Chairman Schloesser and seconded by
Commissioner Dolezal to approve the lease with the Weather
Bureau at the Key West International Airport reflecting an
annual 10% increase in the rental. Roll call vote taken and
carried with Commissioners Blair and iHernandez voting no.
REQUEST TO ADDRESS T~E BOARD
Lea.6 e., Co.
pJLO peJL:ty;
AvtpoJd.
Mrs. Betty Williams, President of the Upper Keys Garden Budget;
BlLUcUng.6 &
Club presented their plan for the Upper Keys Governmental GJLouncU
Center. Motion made by Chairman Schloesser and seconded by
Commissioner Kerr to adopt the plan and appropriate the sum
of $3,500.00 from the budget for the improvements to the Upper
Keys Governmental Center. Motion carried unanimously.
Mr. Charles Aguero discussed a letter from the U.S.
Department of the Interior concerning cattle crossings in the
Big Pine area for the protection of Key deer. Motion made by
Commissioner Dolezal and seconded by Commissioner Kerr to
authorize Mr. Aguero to grant permission to property owners
-
to contruct cattle crossings where necessary for the protectio
of Key deer. Motion carried unanimou~ly.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
Animal.
ConvwL
Mr. Fred Tittle discussed his proposed amendment to the OJu:Una.nc.e.;
GaJtba.ge.
garbage ordinance concerning franchisee rate increases. Motio
made by Commissioner Dolezal and seconded by Commissioner
Hernandez to schedule a discussion of the proposed amendment
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086
La.nd U6 e
Pla.n.
Co.. fmpto Ij e.
Co. Employe.
Budg et;
BlLil.ding.6
Gno und6 .
Public.
H ea1.:th;
Co. Empl.
Budget
to the garbage ordinance at the Key West meeting in four weeks
at a time certain. Motion carried unanimously.
Motion made by Chairman Schloesser and seconded by
Commissioner Blair authorizing the advertisement for public
hearings to be held for the Inter-Governmental and utilities
Elements of the Monroe County Comprehensive Plan.
The County Administrator discussed the position of
clerk of the works for the incinerator project at a suggested
salary of $14,000.00 a year. Commissioner Hernandez discussed
the Board's current policy concerning personnel actions.
Commissioner Hernandez directed Mr. Lewin to place an item on
the next agenda concerning the necessary changes required to
revert personnel actions back to Board control. Motion made
by Commissioner Dolezal and seconded by Commissioner Blair to
postpone further consideration on this position to the next
Marathon meeting. Motion carried unanimously.
Motion made by Commissioner Kerr and seconded by
Commissioner Blair to acknowledge the resignation of the
Extension Director, Mr. Tom Murray and authorizing the
University of Florida to proceed with the process necessary
to obtain a replacement. Motion carried unanimously.
Motion made by Chairman Schloesser and seconded by
Commissioner Kerr to reallocate the funds earmarked for the
repair of the tennis courts at Key Largo for the construction
of new courts on the Upper Keys Governmental Center property.
Motion carried unanimously.
County Administrator notified the Board of the resign-
ation of Dr. Acree at the Monroe County Health Department.
Motion made by Commissioner Dolezal and seconded by
Commissioner Kerr to approve the following bills for the
Dante Fascell luncheon in the amounts of:
cards) $ 2.08
$861.12
$ 3.02
$ 5.20
Conn's Camera & Card Center (place
Indies Inn (Food)
Conn's Camera & Card Center (name tags)
Plaza Card Corner
Motion carried unanimously.
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Board of Appeals
4:00 P.M.
A Board of County Commissioners convened on March 25,
1980 at 4:00 P.M. sitting as the Board of Appeals (Zoning) to
consider the appeal of Pauline Duggan. Motion made by
--
Commissioner Dolezal and seconded by Commissioner Blair to
adopt a resolution approving the change in zoning to BU-2E
on the following described property:
Lot 6, Rock Harbor Manor, as recorded in Plat Book 2,
Page 54, plus a parcel of land described by metes and
bounds adjoining said Lot all located in Section 32,
Township 61 South, Range 36 East, Key Largo.
Motion carried unanimously.
RESOLUTION NO. 83-1980
See Res. Book #18 which is incorporated herein by reference.
REGULAR MEETING
Motion made by Chairman Schloesser and seconded by
Commissioner Hernandez to authorize payment of $1,600.00 for
the installation of a septic tank at the Key Largo Animal
Shelter. Motion carried unanimously.
-
County Administrator a letter from the City of Key
West concerning an appointment to the Development Authority.
After considerable discussion, motion made by Commissioner
Blair and seconded by Commissioner Kerr instructing the
County Administrator to refer the City to the Board's pre-
vious communication wherein they supported a concept of a
two-member County and three-member City board composition.
Motion carried unanimously.
REPORTS & RECOMMENDATIONS OF COUNTY ADMINISTRATOR
The regular meeting re-convened with everyone present.
Motion made by Commissioner Kerr and seconded by
Commissioner Hernandez to approve the following County
Inventory change:
Public Works Department:
Inv. #2671-21, Sears air conditioner located at
Extension Service Lab (PSB) to be removed and disposed
of, beyond economical repair.
Motion carried unanimously.
Motion made by Commissioner Dolezal and seconded by
Commissioner Kerr to approve the award of a Contract to Keys
BOMd On
Appeai.6
Budget;
An.imai.
Co ntJwl;
Buil.cUng.6&
GIW und6 .
Appo.<.nt -
ment6 .
MacJunVl.y&
EqtUpment;
F wz.rUtwte&
F .<.xtuJte6 .
Co n:tJzac..t6 &
AglLee.ment6;
Road6 , 5:th&
sth C~Jqt,
Tax
u
088
&d6 &
PMpO.6at6 .
Change. OJui fl.;
Budget.
&d6 &
Pfl.O pO.6 a.L6 ;
Mac.fUneJty
Equipme.nt.
Cont. &
Agfl.e.e.me.nt.6
Mac.fUneJty
Equipme.nt.
Budg et;
Sui.t6, a6-
ne.cting Co
Bid6 &
PM pO.6a.L6;
BtUlcUng.6
GILO und6 .
Appoint-
me.nt.6 .
Grading & Paving, Inc. for reconstruction of Andros Rd., Key
Largo in the amount of $49,500.00. Motion carried unanimousll'
Motion made by Commissioner Hernandez and seconded by
Commissioner Dolezal to accept change to proposal as follows:
Removal and hauling of all fenders and all pilings at a cost
of $5,542.00. Disconnecting electric not included. And, to
waive the requirement for performance bond. Motion carried
unanimously.
Motion made by Chairman Schloesser to approve Change
Order #1 for the Boca Chica Road Project in the amount of
$37,296.00. Motion carried unanimously with Commissioner
Kerr not present.
Motion made by Commissioner Dolezal and seconded by
Commissioner Blair to authorize ,the Road Department to call
for bids for two portable air compressors. Roll call vote
taken and carried with Chairman Schloesser voting no.
Commissioner Kerr was not present.
Motion made by Chairman Schloesser and seconded by
Commissioner Dolezal to hold over to Marathon Meeting the
request for approval to enter into an agreement with Radio
Research for removal of radar equipment at Long Key. Motion
carried unanimously with Commissioner Kerr not present.
Motion made by Chairman Schloesser and seconded by
Commissioner Blair to approve the payment of $3,605.75 to
Horton, Perse & Ginsberg for legal services rendered in the
case of Monroe County vs. Dill. Motion carried unanimously.
Motion made by Commissioner Blair and seconded by
Chairman Schloesser to hold over to Marathon meeting any
action on proposals for installation of two 4" P.V.C. conduit
and one 3/4" conduit to Dispatcher's Room at County Courthous
Annex. Motion carried unanimously with Commissioner Kerr
not present.
Motion made by Commissioner Blair and seconded by
Commissioner Hernandez to accept the resignation of Meg Wise,
Phyllis Pope, Chandra Anderson, and Shirley Willard on the
Monroe County Commission on the Status of Women. Motion
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carried unanimously with Commissioner Kerr not present.
Motion made by Commissioner Blair and seconded by
Commissioner Hernandez to appoint the following members to
the Monroe County Commission on the Status of Women: Karen
Regan and Cindy Quinlivan. Motion carried unanimously with
....-.-
Commissioner Kerr not present.
Chairman Schloesser made a motion and was seconded by
Commissioner Dolezal to adopt the following resolution authori
zing the advertisement to close a portion of Sunshine Boulevar
and directing that the hearing be scheduled for the next Key
West meeting. Motion carried unanimously with Commissioner
Kerr not present.
.
RESOLUTION NO. 75-1980
See Res. Book #18 which is incorporated herein by refereRce.
Motion made by Commissioner Dolezal and seconded by
Commissioner Blair to approve a variance to AICUZ zone for
John L. Walters to place a mobile home on Lot 27, Porpoise
Point Section 2, as recorded in Plat Book 5, Page III and
located in Section 22, Township 67 South, Range 26 East, Big
Coppitt Key, Zone RU-5, AICUZ Zone. Motion carried unanimousl
with Commissioner Kerr not present.
LEGAL DEPARTMENT
Mr. Cates presented some information concerning roads
on Conch Key for the Boards information only.
Motion made by Commissioner Dolezal and seconded by
Commissioner Blair to adopt the following resolution declaring
the Boot Key Uarbor Project to be essential to the general
health, safety and welfare of the citizens and visitors of
Monroe County, Florida and absolute approval for the construc-
tion of said project. Motion carried unanimously with Commis-
-
sioner Kerr not present.
RESOLUTION NO. 76-1980
See Res. Book #lB which is incorporated herein by reference.
Motion made by Commissioner Blair and seconded by
Commissioner Dolezal to adopt the following resolution concern
ing receipt of unant~cipated funds.
RESOLTUION NO. 77-1980
See Res. Book #18 which is incorporated herein by reference.
APPO-trl-t-
menU .
Road,
abandonmen:1
Zoning;
Uc. eM ell &
P eJunW .
Road6 ,
Mi6 c..
Public.
H e.aU:h.
Budget.
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090
Motion carried unanimously with Commissioner Kerr not present.
Budge;t.
Motion made by Commissioner Blair and seconded by
Commissioner Dolezal to adopt the following resolution con-
cerning unanticipated funds.
RESOLUTION NO. 78-1980
See Res. Book #18 which is incorporated herein by reference.
Motion carried unanimously with Commissioner Kerr not present.
Budge;t.
Motion made by Commissioner Blair and seconded by
Commissioner Dolezal to adopt the following resolution con-
cerning unanticipated funds.
RESOLTUION NO. 79-1980
See Res. Book #18 which is incorporated herein by reference.
Motion carried unanimously with Commissioner Kerr not present.
Budge;t.
Motion made by Commissioner Blair and seconded by
Commissioner Dolezal to adopt the following resolution con-
cerning unanticipated funds.
RESOLUTION NO. 80-1980
See Res. Book #18 which is incorporated herein by reference.
Motion carried unanimously with Commissioner Kerr not present.
Budg e;t.
Motion made by Commissioner Dolezal and seconded by
Commissioner Hernandez to adopt the following resolution con-
cerning the transfer of funds.
RESOLUTION NO. 81-1980
See Res. Book #18 which is incorporated herein by reference.
Motion carried unanimously with Commissioner Kerr not present.
ZOtUng.
Commissioner Kerr returned to the meeting at 4:45 P.M.
Mr. Cates discussed information necessary to properly close
out the County's 201 Study. Motion made by Chairman Schloesse
and seconded by Commissioner to adopt the following resolution
closing out the County's 201 Study.
RESOLUTION NO. 82-1980
See Res. Book #18 which is incorporated herein by reference.
Roll call vote taken and carried with Commissioner Dolezal not
present and Commissioner Hernandez voting no.
REPORTS & RECOMMENDATIONS FROM THE CLERK TO THE BOAR[
Budge;t.
Motion made by Commissioner Blair and seconded by
Commissioner Kerr to approve the following Warrants for March,
1980:
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WARRANTS
General Revenue Fund, #4118-5059, in the amount of
$2,193,162.37.
General Revenue Fund, Boulevard Bank - #6, in the
amount of $27,746.95.
,....~--
General Revenue Fund, Marathon Bank - #5, in the
amount of $13,726.70.
General Revenue Fund, First American Bank, #5, in the
amount of $26,489.20.
General Revenue Fund FRS, #22, in the amounf of
$14,503.01.
Supplement to the General Revenue Fund, #20, in the
amount of $19,020.85.
Fine & Forfeiture Fund, #42-46, in the amount of
$256,7 34. 01.
Road & Bridge Fund, #43, in the amount of $19,120.92.
Road & Bridge Fund FRS, #5, in the amount of $1,208.74
Airport Revenue Fund, #13-14, in the amount of
$672.15.
Airport Operation & Maintenance Fund, #23, in the
amount of $3,772.24.
Law Library Fund, #15, in the amount of $163.62.
Card Sound Bridge Revenue Fund, #24-25, in the amount
of $30,234.14.
MSD Tax District, #51-57, in the amount of $95,592.30.
Workmens Compensation, #66-72, in the amount of
$1,750.81.
MSD Tax District #10 O-B, #22, in the amount of
$279.59.
MSD Tax District #72, #22, in the amount of $7.48.
MSD Tax District #73, #22, in the amount of $66.66.
MSD Tax District #74, #22, in the amount of $312.96.
MSD Tax District #75, #22, in the amount of $103.21.
MSD Tax District #76, #22, in the amount of $809.83.
MSD Tax District #lOO-A, #22, in the amount of $25.92.
--
MSD Tax District #lOO-C, #22, in the amount of $758.3]
Motion carried unanimously with Commissioner Dolezal not
present.
Motion made by Commissioner Hernandez and seconded by Ele~oM.
Commissioner Kerr to approve the Certificate of County Can-
vassing Board. Motion carried unanimously with Commissioner
Dolezal not present.
u
092
BudgeA:.
BudgeA:;
AUlpOfLt.
Budg et;
Road6,
5th & 6th
C e.n-tA Gcv.s
Tax.
Tnavei..
SheJU66.
Comm. pnoc.
Motion made by Commissioner Blair and seconded by
Commissioner Hernandez to approve the Budget for the Marathon
Chamber of Commerce in the amount of $2,800.00. Motion
carried unanimously with Commissioner Dolezal not present.
Motion made by Commissioner Blair and seconded by
Commissioner Hernandez to approve the payment of $450.00 for
Hearing Officer for Public Hearing for proposed development
at Key West International Airport and Marathon Airport - w.
Randall Winter. Motion carried unanimously with Commissioner
Dolezal not present.
Motion made by Commissioner Kerr and seconded by
Commissioner Hernandez to approve the payment of $76,490.28
to Charley Toppino & Sons for the Key Haven Roads. Motion
carried unanimously with Commissioner Dolezal not present.
Motion made by Commissioner Hernandez and seoonded
by Commissioner Kerr to approve the travel for Commissioner
Blair to Washington on February 14, 1980 in the amount of
$46.40. Motion carried unanimously with Commissioner Dolezal
not present.
OFFICIAL CORRESPONDENCE & INFORMATION
The appointments of the following as Deputy Sheriffs -
David Roy Diaz and Scott Harold Cockrell. Also no longer
employed by Sheriff's Department are Franklin Hernandez and
Albert Henriquez. This is for Board information only.
UNFINISHED BUSINESS
Motion made by Commissioner Blair and seconded by
Commissioner to adopt the following resolution adopting the
county policy statement.
RESOLUTION NO. 84-1980
See Res. Book #18 which is incorporated herein by reference.
Motion carried unanimously.
There being no further business before the Board,
the meeting was adjourned.
* * * * * * * * * * * *
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- -
T~EPHONE 813-33
I
,
FORT MYERS, FLORIDA
33902
SAL GERACI
CLERK
~U~1tt!J uf 11i.
, BOARD OF COUNTY COMMISSIONE
P. 0, BOX 3~
MRS, LAVON WISHER
COUNTY ADMINISTRATOR
DOUG TAYLOR
DISTRICT ONE:
.,
HARRY E, RODDA
DISTRICT TWO
ROLAND "RO" ROB ERn
DISTRICT THREE
....,
. . .....
.
\
/
,
E H, SCAFFE
DISTRICT FOUR
DICK STEELE
DISTRICT FIVE
Gentlemen:
The Board of Lee County Commissioners has adopted
the attached policy statements on State General
Legislation.
Sincerely,
..
..
BOARD OF COUNTY COMMISSIONERS
LEE COUNTY, FLORIDA
. -1S~ ---~~
..;l~~- ~-",' R. ~. Steele
'J~h~~ Chalrman
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RLS/jr
Enclosure
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POLICY STATEMENT
BOARD OF COUNTY COMMISSIONERS
LEE COUNTY, FLORIDA
ON
STATE GENERAf LEGISLATION
'"
Lee County supports legislation to eliminate the procedure
und,er which county constitutional officers may appeal their
budgets to the adminis'tration conunission.
t(;)le~ County ",upp'orts legislation to remove county employees'
\:J personal and personnel records from the coverage of the
public records law. Employee personal and personnel records
should not be considered "public records" and should be
available only by court order or with the express authori-
zation of the person (employee) involved.
Lee County supports legislation that recognizes the Medical
Examiner Program as a state-mandated function that should
be fully funded by the state.
4.
Lee County supports legislation that recognizes that, although
mental health is a problem that can best be handled through
community programs, it serves a state purpose and should be
fundec from state revenues.
Lee County supports legislation which eliminates the
requirement of a successful referendum ~n order to impose
the 9th cent gas monies for public or mass transportation.
6.
Lee County supports legislation requiring the DOT to send
5th and 6th cent moriies directly to the counties rather than
to continue to allow the DOT to act as the county's banker
under the present statute. Counties are now required to
keep books on 20 percent of the 5th and 6th cent and it will
be no additional burden on counties to maintain the books
on the other 80 percent.
Lee County supports legislation authorizing a constitutional
amendment to allow counties to use the 5th and 6th cent gas
tax for maintenance.
Lee County supports legislation that a portion of the first
gas tax (1, 2, 3, & 4 cents) be designated to construction
with local jurisdiction. Gas tax funds are decreasing while
construction costs on roads are increasing.
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POLICY STATEMEN~ - CONTINUED
Lee County supports legislation which would award attorney's
fees on the basis of the differential between the appraisal
and the amount awarded. Urge DOT to allow county attorneys
~nd especially local appraisers greater input into condem-
nation cases.
.~. ~~e County supports legislat~on to adopt a statewide com-
prehensive po~icy for the installation, operation, maintenance
., ~\-::::~:gW::lt:;::~::::::~:~ion repealing t~e motor
,J..>~i vehicle inspection program but would support an increase
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stitution was adopted under the specific premise that funding
would be the state's responsibility. Sadly, this has not
occured, with counties requir~d to foot the bills. Lee County
continues to place top priority on state funding of this and
al~ other state-mandated progtams. Lee County supports as a
means of property tax relief, 'the transfe~ of judiciary system
costs back to the state for items such as court reporters,
baliffs salaries, special public defenders, private investigatol
expert witness fees and court facilities. Lee County supports
legislation that reimburses local governments for capital
outlay funds already expended to accommodate Article V and
requires full state funding for other Article V costs currently
being paid by counties. Lee County supports legislation that
removes from counties the responsibility of paying for the
fees, costs and expenses paid in criminal prosecutions and
/ competency proceedings incurred on behalf of prisoners and
V indigent criminal or civil defendants.
13. Under existing Florida law, county municipal service taxing
units (MSTU's) unlike cities, are not eligible for revenue
sharing. Since MSTU's provide municipal-type services in
unincorporated areas, it logically follows that MSTU's
should be eligible for revenue sharing. Lee County will work
for and support legislation that will fairly and equitably
distribute state collected-locally shared revenues. Lee
County supports legislation that authorizes county municipal
services taxing units to share in the municipal revenue '
sharing trust fund.
Section 197.214, Fla. Sta., pr0vides that "Special assessment
liens on property in special districts shall be collected as
provided for ad valorem taxes under this chapter, whether
created by general or special law or by county ordinance which
now exists or may become law. The Attorney General in A.G.O.
79-111 opines that this statutej "is not applicable to
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POLICY STATEMENT - CONTINUED
Municipal Service Taxing or Benefit Units". Therefore.
Lee County strongly requests and urges that the Legislative
Delegation present and support legislation which would
amend Section 197.214 to include Municipal Service Taxing
or Benefit Units and thereby allow collection for delinquent
special assessments through the same procedure which is
provided for the collection of delinquent ad v~lorem taxes.
gnder existing Florida law, cities appoint their,own housing
'abthori ties but 'the Governor must appoint members of county
h~sing authorities. Lee County supports legislation that
would place counties on an "equal footing" with the cities,
transferring this appointment authority to boards of county
cormnissioners.
Florida cities and charter counties now receive gas tax
rebates on fuels consumed by operating their government
vehicles. Non-charter counties should also be eligible for
this type rebate.
Lee County supports legislation to broaden current authorization
for the defense of puqlic officers and employees in actions
arising out of and within the scope 'of their official duties.
Lee County will oppose any limitation or across the board
revenue reduction without a specific detailed analysis on
the impact on services as rendered by ~he local government.
Lee County supports legislation that wo~ld define the duties
and responsibili~ies of the health ~epartments between the
state and local governments and can only support legislatioD
that gives responsibility witH authority. For those programs
of a health system that should be funded locally, those
employees should be under county government with county
directions, enforcing county ordinances r~ther than state law.
Lee County opposes any legislation in the area of dual
taxation that would erode the ~onstitutional responsibility
of the counties and their authbrity to provide services
as needed on an equitable basis as determined by the local
governing body.
Lee County requests the Lee CoUnty Legislative Delegation to
present and support legislatio~ to license, certify and
regulate the profession of psychology for the protection
of the public health, safety and welfare.
Lee County requests an amendment to general legislation
providing authority for counties to impose license and/or
registration fees on recreational vehicles and repealing
any portion of the Florida Statutes inClUding Chapter 320.24
which prohibits counties from collecting licenses or regis-
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