10/10/1995 - Laserfiche WebLink

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BOOK 96 PAJE 319 Attorney Vitunac advised that the last 4 items were suggested~ by OMB Director Joe Baird who is here to answer any questions. Director Baird stated that County Attorney Vitunac had asked for input from staff and he kept a list of each item brought up by the Board in the last year or two that affected his area. The County had wanted to utilize optional sales tax funds to pay the bond debt but the law only allows chartered counties to utilize these funds in this manner. The Board had mentioned that should be changed so that all counties would be allowed to utilize optional sales tax funds. Commissioner Adams questioned whether the law had been changed to allow small counties to use optional sales tax proceeds, and Director Baird responded that they are allowed to use it for operating if their population is under 50,000. Commissioner Bird asked Director Baird to elaborate on #6, and Director Baird advised that the law was passed years ago for cities to be able to get a franchise tax from telephone companies, but omitted counties. The unincorporated area of the county does not have the ability to collect franchise fees and the law should be changed to be consistent. Commissioner Adams believed a recent case where the County contributed some legal funds with FAC (Baker County vs FPL), was a very similar issue in that Baker County assessed a franchise fee on a utility for use of a right-of-way within the county and FPL said you cannot do that. The court said they could. That case has been appealed but the implications of that case probably will allow that right to counties without legislative action. Administrator Chandler felt that the difference between this item and the Baker County case was that the electric companies in that portion of the state attempted to apply their own interpretations of the law on electric franchise fees. Here, there is a specific prohibition in the law as relates to counties. Chairman Macht believed that makes management of telephone companies more forthcoming and more attentive to local concerns. Director Baird advised that utilities, cable and telephone companies are using our rights-of-way free while others have to pay. Commissioner Adams questioned Dawn Smith of Representative Sembler's office in regard to the Board's concern about tax exempt organizations having records which are not available in the V, Property Appraiser's office to verify that they are tax exempt. OCTOBER 10, 1995 I" -