Laserfiche WebLink
e <br />Y� <br />ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY`COMMISSIONER <br />LYONS, THE BOARD UNANIMOUSLY AGREED TO MAKE COPIES OF THE DUAL TAXATION <br />REPORT AVAILABLE TO ALL MUNICIPALITIES. <br />ATTORNEY COLLINS INFORMED THE BOARD THAT IN THE MANATEE <br />COUNTY CASE, THE COURT RULED IN FAVOR OF THE COUNTY, AND THE HIGHLIGHTS <br />OF THE CASE ARE THAT: <br />(1) MUNICIPALITIES ARE NOT ENTITLED TO MONETARY JUDGMENTS; <br />(2) THAT THE COUNTIES HAVE THE RIGHT TO SELECT CERTAIN ALTERNATIVES <br />TO AVOID DUAL TAXATION; <br />(3) THAT DUAL TAXATION APPLIES ONLY.TO AD VALOREM SOURCES, NOT TO <br />OTHER COUNTY SOURCES OF FUNDS; AND <br />(4) IF DUAL TAXATION IS TO APPLY TO OTHER SOURCES; THEN THAT IS A <br />LEGISLATIVE FUNCTION AND NOT A JUDICIAL ONE. <br />CHAIRMAN WODTKE INQUIRED ABOUT THE STATUS OF THE FIRE TRUCK <br />SUIT INSTITUTED BY THE TOWN OF INDIAN RIVER SHORES. <br />ATTORNEY COLLINS EXPLAINED THAT THE TOWN HAS FILED A COMPLAINT <br />AGAINST THE COUNTY, AND WE HAVE FILED APPROPRIATE MOTIONS. HE FELT, <br />HOWEVER, THAT THE TOWN NOW HAS INDICATED THEY WILL WORK TOWARDS THE <br />FIRE DISTRICT, AND THE MATTER IS IN A STATUS OF ABEYANCE AT THIS POINT. <br />ATTORNEY COLLINS DISCUSSED THE 75' SETBACK ON STATE ROAD 60, <br />NOTING THAT THE LAW ONLY ALLOWS THIS TO BE DONE ON A TEMPORARY BASIS, <br />AND IT MUST BE RENEWED YEARLY. <br />ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER <br />LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A <br />PUBLIC HEARING IN REGARD TO A 75' SETBACK ON STATE ROAD 60 FROM 43RD <br />AVENUE TO I-95. <br />ATTORNEY COLLINS NEXT DISCUSSED HOLDING A PUBLIC HEARING IN <br />REGARD TO CREATING A MUNICIPAL SERVICE FIRE DISTRICT FOR ALL UNINCORPO— <br />RATED AREAS OF THE COUNTY. HE FELT THIS WAS NEEDED STRICTLY TO PROVIDE <br />FLEXIBILITY IN THE EVENT DISTRICTS SHOULD BE APPROVED FOR SOME AREAS <br />BUT NOT FOR OTHER AREAS. <br />CHAIRMAN WODTKE STRESSED THAT HE WOULD NOT WANT ANYONE TO <br />THINK THAT THIS IS THE ROUTE THE COUNTY WANTS TO GO, BUT UNLESS WE HAVE <br />THIS DISTRICT ON RECORD BY .JANUARY 1ST OF THIS COMING YEAR, WE WON'T <br />BE ABLE TO DO ANYTHING AT BUDGET TIME NEXT YEAR. HE CONTINUED THAT <br />THIS IS MERELY A SAFEGUARD, AND WE HAVE SET UP WATER DISTRICTS THE <br />SAME WAY. <br />58 <br />x 38 fAar 58 <br />