DiGennaro was actually running his first campaign, having won the seat unopposed four years ago when his opponents dropped out of the race

He faced off against David Rice, the man he replaced when Rice resigned the seat to run for state representative against Ron Saunders.

Voters went for Rice overwhelmingly, with the former commissioner winning the Republican nomination with 65 percent of the vote.

“The people have spoken and I accept the fact that I have lost,” said DiGennaro. “I wish my opponent the best.”

DiGennaro said he will have time to do some more fishing and diving after his final BOCC meeting in October.

“I started off a little rough, stepped on a lot of toes. I’ve always been a businessman, not a politician and wanted to do things like a businessman,” said DiGennaro.

Rice now goes on to face Marathon’s Don Vasil, a former city councilman there, and former Islamorada councilman Mike Forster, both running as non-affiliated candidates, in the November general election.

“Over the last month or so, I got the feeling this (primary) would be a close race,” said Vasil. “Maybe this is indicative of the anti-incumbent movement that still seems to be gripping the country.”

Movement or not, anti-incumbent sentiments didn’t extend far enough to oust three-term District Two Commissioner George Neugent who won his primary race against Big Pine businessman Danny Coll by a handy margin.

Neugent garnered 3,571 votes in the closed Republican primary to Coll’s 2,937.

Neugent, from Marathon, will now go on to face non-affiliated candidate Sloan Bashinsky of Little Torch Key.

This will be the second time Neugent and Bashinsky have run against each other, with Neugent winning the first battle with more than 60 percent of the vote.

Bashinsky said Tuesday night that he intends to focus his campaign on three primary issues. He wants the county to put the Federal Emergency management Agency in federal court to halt its “devastating actions” in regard to downstairs enclosures. He wants the BOCC to get a tighter reign on code enforcement to stop what he terms “Gestapo-style” actions. And he wants the BOCC to get a tighter reign on its growth management division. He said he feels the growth management staff gives in to developers too easily, instead of just saying projects don’t meet the code and should be denied.

Neugent has said his biggest priority is to finish wastewater upgrades in the Lower Keys at an equitable cost to property owners there, and has also said that should he win a fourth term it will be his last.

County Mayor Sylvia Murphy said she wasn’t really surprised by the outcome of Tuesday’s vote.

“David Rice is an excellent politician and he was an excellent commissioner. And I believe our voters have a longer memory than we give them credit for,” said Murphy.

DiGennaro had been labeled part of the “Gang of Three” during his first two years in office, spearheading the sinking of the Vandenberg to the tune of $2 million county dollars and agreeing to the purchase of the Hickory House for $3 million county dollars. Both moves were exceedingly unpopular with local residents.

Voters also decided that former Key West Mayor Morgan McPherson should be the Republican nominee for District 120 State Representative over political newcomer Matt Gardi. McPherson will face incumbent Ron Saunders in November.

McPherson has been the recipient of large amounts of money poured into his campaign by the Republican Party of Florida, as the state group lines up to defeat Saunders who will be the minority party leader during the next legislative session should he win.

“This race has more to do with state politics than what’s best for the people of Monroe County,” said Saunders. “People feel the state Republican party hand-picked McPherson when they poured all that money into his campaign, and I think the voters should choose a candidate before the state party rings in.”

Despite being outspent nearly 10 to one, Gardi still managed to garner just over 46 percent of the total vote.

That total vote, however, represented just 26 percent of the registered voters in Monroe County, a poor showing at the polls. Monroe County did overwhelmingly better in voter turnout than its big neighbors to the north, however, as only 15 percent of registered voters turned out in Miami-Dade County and 10 percent in Broward County.

There was no clear cut winner in the two school board races Tuesday night, forcing a run off in November in both districts one and five.

Three candidates sought to replace incumbent Steve Pribramsky in district one after he decided not to run for reelection. Voters decided that Robin Smith-Martin and Barbara Bowers were their favorites for the seat, but neither polled a majority to win the seat outright.

Smith-Martin was the leading vote-getter with 46 percent of the vote, and Bowers finished with 40 percent. Judith Wild was a distant third with 15 percent.

Smith-Martin and Bowers will face off in November.

In the District Five school board race, none of the four candidates polled high enough to win the seat outright, and incumbent Debra Walker finished a distant second to leading vote-getter Ron Martin.

Martin polled 45 percent to Walker’s 30 percent. Bruce Swango was a distant third with 13 percent and Richard Bradley was last with 11 percent.

In two hotly contested races for Mosquito Control District commissioners, incumbent Dick Rudell held off challenger Howard Hubbard to win the Republican nomination in District Two, outpolling Hubbard 56 to 44 percent.

Boys and Girls Club executive director Dan Dombroski coasted to a win in the Democratic District Two mosquito control primary, garnering 57 percent of the vote to challenger Jay Marzella’s 43 percent. Marzella is the owner of Parmer’s resort on Little Torch Key.

That will pit incumbent Rudell against newcomer Dombroski in November.

“I guess people liked my issues,” said Rudell. “I’m happy for Dan. It will be a pleasure to campaign against him for November.”

Dombroski said he was surprised by the margin of victory considering he took no contributions and spent just over $500 on the race.

“I guess this just proves it can be all about knowing the issues and sticking to those issues,” said Dombroski. “I look forward to running against Rudell in the general election.”

Regardless of the November outcome, Rudell said there will definitely be a shifting of the guard on the mosquito control board.

He said he and Dombroski, as well as candidates in the District Five race, are all reform candidates who believe that the status quo must change in mosquito control.

“There’s going to be a new sheriff in town. We don’t know who will be wearing the badge yet, but things will change,” said Rudell.

Rudell and Bill Shaw have both been highly critical of current Mosquito Control director Ed Fussell for his $184,000 per year salary and other budgetary concerns Rudell believes are forcing tax rates for property owners higher than they need to be.

Republican voters in the District Five Mosquito Control race must have bought that same argument as they picked reform candidate Jack Bridges to be their standard bearer in November against Jose Piexoto and Bob Thomas, both non-affiliated candidates.

“The voters have spoken loudly for reform of financial affairs in mosquito control,” said Bridges. “The good news for Monroe County taxpayers from this race is that we will bring accountability to the board no matter who wins in November.”

Bridges was second only to Rice in vote totals for Republican candidates, winning his race by a 62 to 38 percent margin over Tony Gibbons.

In the night’s final local action, voters overwhelmingly approved the return of Judge Regan Ptomey to the bench against challenger Demetrious Efstratiou. Ptomey received just over 8,700 votes in the non-partisan race to his challengers 4,700.

“I am humbled by this victory,” said Ptomey. “I made a lot of new friends, but more importantly I think this was an approval of the way we run our courtroom in Plantation Key. We can always improve, but the voters feel we’re doing a good job.”

So said the voters of the county Tuesday night by an overwhelming margin.

The question was whether the current elected superintendent model should be tossed out in favor of a school superintendent hired by the local elected school board.

And the answer from the voters was a resounding yes.

A supermajority of a slim voter turnout approved the appointed superintendent model for the school system with about 65 percent of the voters going to the polls in favor of the change.

The same question was beaten back by voters four previous times, in 1976, 1992, 1994 and most recently in 2004.

John Padget, who was a School Superintendent appointed by then Governor Jeb Bush to fill the unexpired term of former Superintendent Mike Lannon when the question was defeated by voters in 2004, said he felt the vote heralds a fundamental shift in the way people are viewing the school system.

“People are more interested in what happens in their school system now than they have been in the past,” said Padget. “They are asking the question ‘Are our children getting the best education possible?’ and aren’t convinced they are.”

Padget said the people have said, with this vote, that they want professionalism in the schools, a proven educator not a popular politician who may or not have any educational credentials to bring to the job.

Robin Smith-Martin, a candidate for the open District One School Board seat vacated by incumbent Steve Pribramsky’s decision not to run for reelection, said that the decision to go with a “professional, knowledgeable educator” in the district’s top job will “vastly improve” the school system.

Smith-Martin will face off with Barbara Bowers for the district one seat as they were the two to vote getters in that primary vote, but neither garnered a 50 percent plus one majority to win the seat outright.

The school board put the question back on the ballot after four defeats in the wake of the financial scandal that rocked the school district earlier this year.

Adult Education Coordinator Monique Acevedo, wife of then elected Schools Superintendent Randy Acevedo, was arrested for allegedly stealing about $500,000 from the district through various avenues.

Randy Acevedo was arrested for attempting to cover up those crimes and convicted of three felonies in connection with those actions. He was subsequently removed from his position by Governor Charlie Crist.

Dr. Joseph Burke, a long-time educator and former school superintendent throughout Florida, was appointed by Crist to serve as interim Superintendent until the end of Acevedo’s elected term in 2012.

The move comes as the organization, and particularly Director Linda Gottwald, has come under fire for alleged financial irregularities.

An audit of the not-for-profit’s books is expected to be wrapped up by the end of the month. A preliminary audit revealed several possible instances of financial irregularities in the agency’s spending including:

The use of SUFA money by Gottwald to pay rent on a house leased by her for three months.

The use of SUFA money by Gottwald to pay personal utility bills.

The use of SUFA money to pay legal fees associated with an animal shelter Gottwald plans to open under the SUFA umbrella in Michigan and build a fence for that facility.

Plane tickets

The initial audit report also stated that Gottwald paid a SUFA employee to transport dogs from the Marathon shelter to the Michigan location using a Monroe County vehicle.

Gottwald has said that she will be presenting an answer to the audit findings.

According to Beth Leto, assistant public works director, there will be no gap in animal control services as a result of SUFA walking off the job.

Though the details are still being worked out, Leto said that the Key West SPCA had agreed to provide service from mile marker 17 to mile marker 60 and the Humane Animal Care Coalition in Key Largo would be providing service from there up the Keys.

“We are working out a transition plan now, and hope to have everything in place by Sept. 1,” said Leto.

SUFA wanted to cancel the contract immediately, but the agreement calls for 15 days notice, well past the Sept. 1 changeover date, and Leto said she feels confident SUFA employees will stay on the job until then.

“We are still working out hours of operation and such,” said Leto.

She said staff wants to get approval from the Board of County Commissioners to send the service out to bids Sept. 8 at the special budget meeting, but may have to wait until the regular meeting Sept. 15.

County Administrator Roman Gastesi said Wednesday morning on US 1 radio’s Morning Magazine that he hasn’t yet made the decision whether to just bid the territory SUFA covered, or go out for one contractor to cover the entire Keys.

Staff’s proposal right now is to bid just the current territory.

If bids are approved by mid-September, Leto said it will take four to six months to have a new contractor in place. The Upper Keys contractor has agreed to pick up the extra area at no charge, and the SPCA will charge only what SUFA would have been paid, about $22,000 per month.

Leto also said that both the Marathon and Big Pine shelters would remain in operation.

“The SPCA has agreed to put an animal control officer at both locations during the interim,” Leto said.

In her termination notice, Gottwald blamed the county’s actions for her need to terminate the contract early.

The county had sought bids for the territory in June. SUFA was the only bidder but asked for 24 percent more in payments to continue the same service. County officials felt the price was exorbitant and staff recommended that the bids be rejected and sent back out for other interested parties.

After some negotiation, SUFA agreed to a three-month extension of the current contract to give both sides a chance to find a suitable compromise.

Gastesi, however, ordered an audit of all three animal control contractors and the SUFA findings came to light.

In August, staff planned to recommend that the SUFA contract be terminated Sept. 1, but Commissioner Mario DiGennaro refused to allow the termination to be added to the agenda as an add-on item. It requires a unanimous vote to add an item the day of the meeting.

When the preliminary audit findings came to light, the county put a freeze on SUFA’s assets, partially releasing that freeze last week to pay bills approved by the county clerk.

Gottwald said that freeze prompted her decision to terminate the lease.

“The county’s and County Clerk’s refusal to allow SUFA to ensure that properly trained and licensed staff are timely paid for their work has resulted in and/or likely will result in their discontinuing employment with SUFA. This frustrates and obstructs the essential staffing duties pertaining to SUFA performing animal control services under the parties’ contracts and agreements. The county and/or its agents are responsible for the consequences,” wrote Gottwald.

If the BOCC approves going back out for bids on the service, there will be some changes to the scope of work for any group servicing the Middle Keys area, although those changes won’t be complete until the bid package is ready.

There are sets up for grabs in District One, predominantly Key West, and District Five, predominantly Key Largo.

Current District One board member Steve Pribramsky is not running for reelection, which leaves that seat wide open between three challengers, Barbara Bowers, Judith Wild and Robin Smith-Martin. Incumbent District Five n=board member Debra Walker is seeking reelection there against challengers Bruce Swango, Richard Bradley and Ronald Martin.

School board races are non-partisan meaning that every registered voter can cast a ballot. Should any candidate receive 50 percent plus on of the vote, they will win the seat. Should no candidate reach that number, the top two vote-getters will face off in November.

This election comes on the heels of a financial scandal that rocked the school district earlier this year when Adult Education Coordinator Monique Acevedo was arrested for allegedly stealing nearly $500,000 from various sources under her control.

That arrest led to the removal of School Superintendent Randy Acevedo, her husband, for conduct unbecoming when he was convicted of trying to cover up her alleged crimes.

The following are the candidates’ replies to questions posed by News-Barometer for the education of the voters:

District One:

What programs or processes do you feel need to be reviewed, or revamped as a result of the recent financial scandal at the school district?

Bowers: I think the school’s programs can always be tweaked, but I want to be clear that I think fiscal oversight was remiss on the school board’s part for many years. One-third of each board member’s time needs to be dedicated to finances that are diligently reviewed.

Smith-Martin: Job Descriptions, Purchase Order and Contract Approval; Identify a professional Contract Manager; clearly communicated Zero Tolerance Policy for Graft; Implement a Data-base-driven Enterprise Resource Management System that allows Super, CFO, and School Board Members to review all financials and contracts in real-time.

Wild: An effective step has been taken as a result of the recent financial scandal at the school district and that is the hiring of an internal auditor who reports directly to the school board. The other item I think should be reviewed is the job descriptions for administrators that were instituted under the previous administration. No job description at the administrative level should require less than a B.A or B.S. in education. Why? Education is a profession – as is law, as is medicine. It has its own body of knowledge that is necessary to perform to standards and these standards are hugely important since we are dealing with the futures of children.

Please outline your budget priorities for the coming four years, and outline your position on tax rates.

Smith-Martin: Resources should be focused in the classroom.  Period.  Millage will depend on next year’s property assessment.  We have a responsibility to educate our children.  If property values continue to slide, millage will have to increase—though the proportion will depend on identifying additional areas to lean within the existing operating budget.

Wild: I was quite disappointed to learn of the recently proposed tax hike for school capital outlay. Given the state of the economy, given the declining student population, budget cutting is preferable to a property tax hike of .50 mills. Cost savings should begin with the administration – no proposed bonuses. Job consolidation among administrative jobs is advisable.  Two assistant superintendents, given the number of students in Monroe County, are sufficient. Looking at the budget department by department, automatic raises as shown in line items should be eliminated. School board properties should be evaluated, but not sold at a loss to balance or increase the budget. Construction bids should be public and competitive and adhere to school board policy. In essence, hold the line.

Bowers: I want to be on a school board that does not raise taxes, but rather uses its extensive resources wisely—resources like the 73 properties the school district owns. Thirty one are land only, and all are assessed at more than $433 million. I want to make sure the school board evaluates how it uses this untaxed property, and possibly get some of it back onto the tax rolls.

Another fiscal issue is the $7.6 million dollar contingency fund—three times what the state requires—which was even increased by $800,000 this past year. During such a recessionary period, I think now is the time to use this emergency fund and apply as much as $5 million from it elsewhere.

Do you feel teachers have what they need to be successful? Can you explain that position?

Wild: As long as a teacher has a fair and unbiased principal, yes, a teacher has what he/she needs to be successful. A principal is responsible for the climate of the school – a huge responsibility. A positive, supportive climate can overcome almost any shortcoming of a school whether it is the physical plant, the quantity or quality of supplies, or the challenges of the student population.

Bowers: Although our starting teachers are some of the best paid in the state, Monroe County is expensive and teachers who want to buy homes are hard to retain. The school district needs to rethink its priorities and schedule pay raises for teachers, not administrators.

Nevertheless, the school district has retained some excellent teachers, who have been strong through a rash of scandals: They need support at all levels. I want to be on a school board that gets behind its teachers morally and legally; a school board that puts trust back into its working relationships.

Smith-Martin: No.  They need trust, respect, and the confidence they will have a job next year and the necessary resources to do their job well.

Do you feel students have what they need to be successful? Can you explain that position?

Bowers: If dollars equate to student success, Monroe County has the basic resources to be the best public school district in Florida. Its roughly $84 million school operating budget supports 8,400 students—that’s $10,000 per student. But if you take into account the overall $165 million school budget, the cost per student is almost $20,000, ranking Monroe County right up there with the cost per student of prestigious private schools.

Of course, the success mix requires more than money. Strong, caring teachers and programs designed to challenge students’ at all academic levels is critical. One program I encourage the school district to adopt is the International Baccalaureate Diploma program. I also want the school board to address the food it serves students: This year’s 1st-3rd graders will be Type 2 diabetics by the time they graduate if the district keeps serving them the breakfasts and lunches they’re currently getting.

Smith-Martin: Primary students, for the most part, seem to have what they need to be successful.  Middle and High School student face much greater challenges.  Fundamentally, they face a classroom and campus experience that is not conducive to scholarship due to issues of discipline and mutual respect between students and teachers.  Secondarily, we don’t see nearly enough parental involvement at the middle and High School level.

Wild: As long as a student has a teacher certified in education teaching in his/her field who is one hundred percent accountable for the student’s progress and educational well-being, yes, the student has what she/he needs. Educational well-being is a broad term, too broad a term to discuss here but I think the term is essentially self-explanatory.

[Where Monroe County Schools fall short, I believe, is in the “certification” of its teachers. Since I declared to run for School Board in District I, I asked one question of the current administration, one polite question by e-mail addressed to the head of Human Resources.

I asked: When it comes to new teachers being hired, what are the minimum requirements? There’s an asterisk on the Monthly Recommendations page (Meets minimum requirement), but no explanation anywhere.

The answer: The minimum requirements would be a Bachelors degree, State certification and HQ (highly qualified designation). Basically, you must be certified in the field you teach and be HQ. Plus, background check, etc.

I replied to that e-mail by asking: A bachelor’s degree in education, or just any bachelor’s degree?

I received an answer wholly underlined as if I were some bothersome dumbkoff: It can be any bachelor’s degree if you are certifiable in a subject area. If your bachelor’s degree is in basket weaving then you can take a subject area exam and with a passing score be certifiable and highly qualified in that area.

Well, I don’t think that’s good enough for our students. Professional teachers take forty hours of specialized coursework: tests and measurements, methodology, ethics, practicum, etc. It’s an entire curriculum designed to make them proficient in the profession of teaching and, with hope, trustworthy with children. I want the most highly trained teachers for our students, not just anyone who comes in through the backdoor. This kind of second rate hiring policy is fraught with hazards and I harken back to the lax standards of the previous administration. The current administration has proposed that we hire only rookies to bring down the cost of teacher salaries and I fear this second class certification may be part of it.]

Would you be in favor of term limits on locally elected officials and why or why not?

Smith-Martin: In general I support the concept of term limits for all elected officials, be they federal, state, or local.  So . . . why not?  Having said that, in recent years we haven’t had much of a problem, locally, with politicians over-staying their welcome.

Wild: I would be in favor of term limits. Elected officials have a tendency to build fiefdoms – all the negative connotations of fiefdoms applying.

Bowers: I believe strongly in term limits; in fact, I practiced this belief when I resigned this year from the Key West Historic Architectural Review Commission after serving the community for two terms. For two of the four years, I served as HARC chairperson.

What are your views on the appointed versus elected superintendent issue?

Wild: I favor the appointment of superintendents with the important caveat that the applicant have an advanced degree in education from a creditable university.

Bowers: I’m in favor of an appointed superintendent because I know first-hand that campaigning is immensely time consuming, and time our superintendent devotes to politics is time taken away from the business of education. Of the more than 15,000 school districts in the US, only 149 have elected superintendents.

Smith-Martin: We should vote yes on the upcoming referendum to employ our Superintendent.

District Five: Candidates Swango and Bradley did not respond.

What programs or processes do you feel need to be reviewed, or revamped as a result of the recent financial scandal at the school district?

Martin: The purchasing process, as a result of the recent financial scandal at the district level has affected how the local schools make their purchases. The checks and balances, that affected each individual school, were at the school level before the scandal began. I understand and support strict financial controls however, a policy needs to be established that allows a school to fast tract an order when needed.  For example, there was a school in the upper keys last year that went without air conditioning because there was not a procedure to fast track a requested twenty dollar part that was needed to make the simple repair.

Walker:  We have already begun the heavy lifting on that. In 2009 we completed a forensic audit, took legal action, created the position of internal auditor and revived the public audit committee. We now have a dual reporting system, with the new CFO (he has one new staff accountant) reporting to the superintendent and a the new internal auditor (only new administrative position) reporting to the board. He oversees the work of the public audit committee.

We have begun to get our operational accounts in order. All our financial data are now available online, including our checkbook. The CFO has already changed the way budget amendments are brought to the board, so that each budget shift is considered separately. He has changed policies and procedures regarding cash transactions. We eliminated all but one credit card which is held by the superintendent for emergency purchases. When budget permits, we need to migrate to a more efficient software product. The CFO will have a first big test of the new system for the Annual Financial Report due 15 September.

One goal we must ensure is met next–we are rebuilding Horace O’Bryant school in Key West using stimulus funds. We need to ensure the CFO, Internal Auditor and the Superintendent are all in agreement on handling capital funds appropriately and transparently. The great terms we have acquired for repayment (pay back $31M for $36M today) come with heavy penalties, so we can’t afford any mistakes.

The internal auditor is charged with efficiency analysis as well as fiscal oversight. He is currently working on revising the contract process so that it is scalable, comparable across departments and easily accessed for determining status. This will make a huge difference in how we do business going forward. All staff must be trained on these new procedures; the audit process will track training as well.

Over the next months the internal auditor needs to perform efficiency analyses of most major operations, including transportation, purchasing, personnel, insurance, and energy use. This track parallels his continued forensic auditing of the prior administration’s issues as they crop up.

We will no longer rely on Florida’s Auditor General to ensure fiscal health. They failed to test cash balances in Adult Education for seven years. They failed to find obvious discrepancies in the $2M per year volume in purchasing cards. These are essential components of a basic audit opinion. I hope the Auditor General will take our experience under advisement and revise the state process as well.

Please outline your budget priorities for the coming four years, and outline your position on tax rates.

1. Even in down times, fund a broad curriculum rather than eliminating elective subjects such as PE or music. These programs are essential to a healthy public school system. We must continue to raise the bar academically by allocating funds toward the materials and training for the International Baccalaureate Program which we intend to implement over the next three years.

2. Look for green ways to cut fixed costs through grant-funded energy efficiency projects such as solar power, wind power, biodiesel. Apply green strategies to capital projects to lower long term building maintenance costs. We set a good example for the next generation by doing this. For the most part, kids train their parents on green strategies anyway (recycling, composting) based on what they learn in school.

3. In collaboration with the union, professionalize the teacher contract so that outstanding teachers can reach the top of the salary schedule in about 10 years rather than waiting up to 25 years. Too many great teachers leave Monroe County after only a few years because they can’t afford to buy homes here.

Migrating to a new pay plan involves a more complex tenure committee review process which must be accompanied by a superior evaluative instrument. Based on our recent experience with FCAT grading (late or inaccurate scores and unclear statistics), we must rely on portfolio assessments of the entire year. FCAT data for small groups are statistically unreliable and reflect only a single day of student performance out of the 180 day teaching year.

4. Utilize the internal auditor’s recommendations on efficiencies to reduce the cost of administering the district.

5. Look at ways to distribute administration to available space in schools, especially in Marathon. This could reduce travel costs for administrators who visit all school sites.

6. Create a strategic capital assets plan for Key West to determine which properties may be excessed and which will remain in use. It’s expensive to maintain property we don’t plan to use, and it keeps these properties off the tax rolls. We should sell some and use the capital revenues to improve others. This has been in crisis management mode for entirely too long.

As for tax rates, we are required by law to levy the portion set by the Legislature, referred to as Required Local Effort (RLE). Last year we offset a legislative increase in millage with a reduction in our local  discretionary millage. I expect this policy will be implemented going forward, but that does not necessarily mean an individual homeowner’s taxes will stay level.

The millage rate is set by the total county taxable value; any individual’s taxes depends on the value of a specific property. Individual property valuations may vary from the overall average, making it difficult to predict an individual’s experience each year. Because of Save Our Homes legislation, homeowners tend to benefit from steadily increasing property values, and businesses and non-homesteaders benefit more tax wise during a dramatic decline. This is counterintuitive, so some homesteaders are surprised every year of the downturn.

We anticipate one or two low dollar years before property values recover.

I also believe that the ? mill switch has been good for kids and for taxpayers. We took ? mill of capital only monies and moved them to the operations side for 4 years by voter referendum. Most of that money goes to teachers’ salaries; some supports our school nurses. We can only afford to pay teachers at the top of the Florida salary schedule if we renew the ? mill switch when it comes due.

Martin: All my decisions will be based on what is best for the student first and foremost. Therefore, all budget decisions on my behalf will be made with this caveat. Budget priorities must be at the school level for maximum support. This starts with the classroom and works it way up the system (not the other way around). My position on the tax rate is quite simple. The tax payer should not pay anymore taxes than they paid this last fiscal year.

Do you feel teachers have what they need to be successful? Can you explain that position?

Martin: The discretionary budget at each school needs to be increased. This is the money each school gets to purchase class supplies. At present, most teachers only receive $100.per year. This amount averages out to 50 cents a day or approximately $6.00 a year (per student)  An increase in this discretionary money at the school level would be a tremendous help in providing different kinds of activities and materials in the instructional process and a morale booster to the classroom teacher. I feel that the district’s discretionary budget  (which is different than the school’s)  can be reduced so that the individual school’s discretionary budget can be increased.

Walker: Clearly teachers have been successful on many fronts because our kids are doing well by Florida standards. Admittedly all the best teachers are creative in their use of materials and lesson plans, particularly when funds are limited.  As we move to International Baccalaureate standards, however, there will be more training and resource needs if we hope to meet world-class standards.

There is never enough public money to address all needs; each school must evaluate its primary needs each year and target funds toward that effort. Some of our schools have been more effective than others in leveraging resources into excellent results. As 2/3 of our schools are starting school with new principals and/or assistant principals this fall, we must ensure new instructional leaders are clear on district goals and resources.

One of our greatest needs is in the area of technology. We have lots of  technology in the classroom, but it takes a big budget and resourceful technicians to keep them operating. It’s my hope the internal auditor can help us identify more efficient ways to renew our technology to keep up with kids’ needs, while not expending so many tax dollars to develop and maintain them. The fewer $ spent on upgrades and maintenance, the more there can be for extras in the classroom.

Do you feel students have what they need to be successful? Can you explain that position?

Walker: We have a challenging curriculum for students; our test data indicate we’re doing pretty well at teaching it,  but there is a lot more to student success than curriculum.

To be successful at kindergarten, one of our master teachers told me, a child must have read 1000 books before he/she arrives at kindergarten. Obviously she meant that the child would look at the books while a caring adult read with them. We have a few kids that read well the first day of kindergarten, but most do not. It’s the time spent shaping literary behavior before 5 years of age that begins to form success.

By that definition, not all kids come to school with what they need to be successful. There is a wide gap in early year experiences. Nonetheless, it is the teacher’s job to identify where a student is and get her/him to the resources he needs to succeed. Our teachers are doing a great job identifying kids’ strengths and weaknesses from 4-year-old VPK onward. Like it or not, we have our own test, the MBAT, that tracks student progress the beginning, middle and end of year. That, and new strategies that focus on immediate feedback keep students on track. Much of the differences in the early years can be mediated if kids are on grade level by 3rd grade.

When I joined the board, school nurse offices were empty most of the time; a nurse might be at school an hour or two per week. We now have a nurse in every school every school day. During the first year of implementation about 10 years ago, we documented a 10% decrease in student AND faculty absence. This is an essential component for success—good attendance by students who are healthy and well fed; they must also know that their teachers care about them.

The availability of school counselors is another important component of student success. I do not agree with the reductions in counselors the superintendent has recommended for 2010-2011. Counselors and college and career advisors are essential in the higher grades as well. This year more than 80% of our graduates continued on to some form of higher education. With good advice, more students get in to their top choice colleges and qualify for scholarships and financial aid. Pragmatic considerations such as sufficient school funds for books and housing can make all the difference in a successful college experience.

Finally, kids must take age appropriate personal responsibility for their learning. Our schools offer character education to reinforce these goals. Parental cooperation with these goals dramatically improves chances for success.

Martin: Again I refer to question 3. The school board must bring the focus back to the classrooms when making budget decisions.  The teachers and school level leaders do an incredible job with what they have, however, we must reallocate the money back to the classroom. There is always room for improvement when providing and striving for educational excellence.

Would you be in favor of term limits on locally elected officials and why or why not?

Martin: I believe a well informed voter can make intelligent decisions on when to remove elected officials. Leave it up to the voter when to remove a person from office.

Walker: Term limits have not served Florida well. Right now the Legislature is too heavily impacted by the strategic plans of individual politicians. Each new session there is a tremendous learning curve for a new class of recruits who seem to spend more time jockeying for leadership positions 4-6 years away rather than learning good long term policies on public governance. In this scenario, lobbyists control access to knowledge and short-term policies win out. FCAT, for example, has been revised in some way every year of its existence, making longterm comparisons essentially useless.

At the local level, term limits, particularly in small counties, could put a similar strain on resources and knowledge. Some of our best constitutional officers are long-serving and well-respected. My counsel is this—don’t change what ain’t broke.

What are your views on the appointed versus elected superintendent issue?

Walker: I have supported an appointed superintendent since my first campaign in 1994. My views have not changed. Much of what imploded at the school board table last year did so because the superintendent was able to maintain a separate constituency as an independently elected official. Other local governmental bodies hire professional managers. To be an elected superintendent, you need be only 18 years of age and registered to vote in Monroe County. Boards can do a national search for candidates who meet a stringent set of qualifications and pass the reference checking process. Elected superintendents are a remnant of post-Civil War Reconstruction. A full 99% of superintendents nationwide are hired by their boards. Case closed.

Martin: The most important issue here is to insure that a highly qualified superintendent lead our school system. If you have a well educated and informed school board making this decision then I have no issues with an appointed superintendent.

Regardless, a well informed voter is mandatory and is part of the equation in ensuring that our school board and our school superintendent are highly qualified.

County staff Wednesday morning intended to recommend to the Board of County Commissioners that the contract with SUFA be terminated in 15 days, but the item wasn’t placed on the agenda prior to the deadline.

Because of that, it took agreement from all five commissioners to add the item for action. Commissioner Mario DiGennaro said he would not grant that approval, forcing the item to be heard for discussion purposes only.

SUFA’s contract was extended for 90 days last month to give the county time to look at other options when the provider asked for a 24 percent increase to continue to run the Marathon and Big Pine Key animal shelters.

One of those options was an audit of the financial dealings of all three contractors.

Two weeks ago, County Clerk Danny Kolhage released some preliminary findings of the SUFA audit that alleges Director Linda Gottwald used shelter money to pay her personal rent and utility bills on more than one occasion. The audit also alleges that Gottwald used shelter money for airline tickets, to pay legal fees for another shelter she plans to open in Michigan and to pay a staff member to drive a county-owned vehicle to that location in Mighigan to deliver dogs from the Monroe County shelter, as well as other issues.

Upon release of those findings, county legal staff sought an injunction to freeze the assets of SUFA.

“We were concerned that funds that could be county funds were becoming comingled with (other) funds,” said Assistant County Attorney Bob Shillinger.

Because of the news that SUFA was opening another shelter in Michigan, Shillinger said they wanted the court to declare ownership of the various funds, “to make sure that county funds remain in the county.”

The audit isn’t yet complete, so Shillinger said the allegations didn’t extend to breach of contract or possibly fraud.

Kolhage expects to have the audit completed by the end of the month.

Shillinger said that the normal business of the shelter must continue, so he and shelter legal representatives have come to an understanding in principle that bills will be submitted to the clerk’s office for pre-approval and payment.

That agreement requires that Gottwald sign in agreement as well, “and the director has not yet signed off,” said Shillinger.

Kolhage also complained to commissioners Wednesday that his audit staff had attempted to retrieve financial documents from the organization and had been turned away by a shelter employee.

Gottwald agreed during the meeting that auditors could return to the facility and pick up any documents they required, calling the situation a misunderstanding. She said the staff was under the impression that the audit had ended, but would like to have some advance notice of auditors entering the property. When auditors returned early afternoon, the required documents were not at the facility.

“We’re talking about public records here and land owned by the county,” said Kolhage. “No one has ever said this audit is over. “We don’t have to give notice that we’re coming. This is a public facility.”

“I don’t ant to accuse anyone of improprieties. It might be a case of poor accounting. We don’t know anything yet,” said Neugent. “But if we find that county money was spent on the facility in Michigan, I would think at the least we’d want our money back.”

If nothing changes in the coming days, SUFA’s contract to run the shelters ends in 60 days, “and I believe that our (county’s) relationship with SUFA is over,” said Neugent.

County Attorney Suzanne Hutton received permission from the BOCC Wednesday to take emergency actions should SUFA employees walk off the job before the contract expires.

One of the possible actions in coming weeks, said Neugent, is to have the county’s Public Works Department take over supervision of the shelter with existing shelter employees, sans Gottwald, providing the daily operational manpower.

“I’ve heard they would like to keep their jobs,” he said.

Another avenue might be for the county to amend its existing contracts with the Lower Keys and Upper Keys animal control contractors to allow them to run the Marathon and Big Pine shelters until bids could be cycled through the system for a new contractor.

The latter process could take four months.

Staff will also bring back a slate of options for the BOCC next month, one of which promises to be immediate termination of the SUFA contract.

Regardless of the direction taken in coming weeks, “The Middle Keys will not be without animal control services,” said Commissioner Kim Wigington.

In fact, Wigington said she’d like to see the county seize the opportunity to increase services to Big Pine.

“I would like to see the level of service at the Big Pine shelter be the same as the level of service at the other shelters,” said Wigington.

Neugent agreed that the Big Pine shelter, which SUFA wanted to close to save itself money, would be part of any discussions going forward with any group.

In District Two, incumbent Marathon Republican Rick Ruddell is seeking another term and will have to hold off a challenge from Key Colony Beach newcomer Howard Hubbell to get to the general election in November.

On the Democratic side of the ballot, Parmer’s Resort owner, Tourist Development Council member and one-time county commission candidate Jay Marzella of Little Torch Key takes on Boys and Girls Club Executive Director Dan Dombroski of Big Pine.

In the District Five Mosquito Control race, Jack Bridges, Bob Thomas and Anthony Gibbons will meet head on in the Republican primary for the right to challenge Independent Jose Piexoto in November for that seat.

The director’s salary, the highest of any governmental administrator in Monroe County, an ongoing television program and large reserves, coupled with yearly increases in tax rates have become the primary issues in this hotly contested race.

It is the board’s job to oversee operations, make policy for the district and approve financial matters.

The following are questions answered by Mosquito Control candidates in response to questions from News-Barometer:

What programs or processes do you feel need to be reviewed, or revamped in light of the recent budget decisions made by the district?

Democrats in District Two:

Dombroski: There are many. The salary of the Executive Director is one that needs to be reevaluated; it is excessive, and if possible needs to be readjusted by the Board to meet the realities of our community’s economy and tax base.   This should have been addressed by the Board many years ago and not become an issue at this election time. Presently, the Executive Director makes more than the governor of the state of Florida. And, if you coupled that with all the salaries and benefits paid to the 5 Board members, this is quite a large sum needed to manage an organization of about 100 employees. The entire vehicle policy needs to be revisited. From maintenance to assignment.  I can not believe that it is essential for so many employees to have use of a vehicle. In fact it is so prevalent that when I told a neighbor of mine that I was running for the Mosquito Control Board he asked, if I won, would I get a pickup truck to use.  The fact is, there are too many white pickup trucks out there being driven by one driver.  A system of multiple uses and sharing of vehicles has to be implemented. It may not be popular, but it is essential for cost cutting and maximizing the service life of the vehicles.

The television show needs to become cost neutral and serve as a platform for community outreach and education. The TV show, if it remains should be apolitical and function as a public service, not as an opportunity for anyone to air their dirty laundry. The chronic misuse of the television show serves as a prime example of how disconnected, dysfunctional and irresponsible to the taxpayers some of the Board members and administration are. Currently, it is an inappropriate use of the taxpayer’s dollar and the current Board of Directors should have stopped that immediately.

The discussion about a new building or leasing larger space needs to end and be eliminated from the budget. This is not the time to do this with the economy being so flat. What people may be forgetting, it is not just the cost of constructing a larger building, there are additional hidden costs associated, like increase in maintenance, larger utility bills, etc.

I believe these are the main issues that need to be addressed in order to produce a flat budget with no tax increase to the Monroe County tax payers.

Marzella: Vehicles: Who needs one? Are they maintained properly? Can some be refurbished? Does the high school have an Auto Shop Class? Have we looked at Hybrids? Why don’t we have a motor pool?

Travel Expenses: Who needs to travel? Should it be a shared expense? Is there a detailed report by each traveler?

New Building: This simply is not the time. Perhaps we should move HQ to Marathon and lease a smaller building for the Key West’s operations.

Mosquito TV: It needs to be fresh, educational & entertaining…AND…it needs to pay for itself, at a minimum. In fact, sponsorships should be able to net an additional $10,000 a year in ad sales.

Chemicals: We are our vendor’s 2nd largest customer. It’s time we renegotiated pricing.

Please outline your budget priorities for the coming four years, and outline your position on tax rates.

Marzella: First of all, you build the budget from the bottom-up. You start with a dollar amount, that you can defend…it is your “foundation”. Then you build your budget from there, working up from your bottom line. You add what you need. You subtract what you don’t. If there is still room for what you want, maybe you can have it.

I hate taxes, and I hate mosquitoes. In fact mosquitoes are the only things that suck worse than taxes. Nobody chose to live here because it’s the cheapest place to live. We still live here because it’s the best place to live. Look at the millage rate on your tax bill. Right now, it cost less than $43 dollars per $100,000 dollars of your property value, to live in a paradise without mosquitoes. My position on taxes is simple. Pay the least taxes as possible, for the best service available. I realize that sounds obvious, but if you elect someone who is going to make good decisions each time, you will have a government that is working…for you!

Dombroski: The most pressing one is that the culture of the Mosquito Control District has to be changed from one of financial entitlement to one of effective fiscal management. While the department has been diligent in the efforts at controlling the mosquito population, their spending policies have been excessive with little internal controls.  There needs to be a comparative study of other Mosquito Districts operations and policies. The Board needs to obtain efficient personnel policies, management policies, compensation policies and vehicle policies from comparative Mosquito Districts.  This then will be used as a comparative tool to reevaluate present policies and procedures bringing them in line with our tax base and community needs.  I believe if these controls and policies are revisited and modfied, there will be enough fat cut from the budget to continue to successfully control the mosquito population without tax increases and cuts to service and operations.  The tax rate and budget should remain flat which reflects our economy.

There should be options to collaborate with other county/state organizations to reduce costs. Vehicle and Building maintenance might be areas where collaboration and sharing of resources with the County might reduce costs.  Dialogue must be set in motion to start these collaborative efforts to reduce the costs to the taxpayers while continuing to meet the needs of all Monroe County citizens

Please explain your views on adultacide versus larvacide treatments?

Dombroski: Mosquito control can be divided into two areas of responsibilities, individual and public.  A policy of an Integrated Mosquito Management control is the most cost effective and most effective at controlling and eliminating the mosquito population.  An integrated Mosquito Management program incorporates ecological, economic and social criteria in an integrated strategy of pest management. The treatment should be practical and effective at protecting the public’s health, the environment and improving the quality of life for all residents in Monroe County.

There are four basic approaches to controlling mosquitoes: prevention, source reduction, larviciding and adulticiding. Preventing mosquitoes from breeding is the most desirable solution. Prevention is the most desirable and effective method of controlling the mosquito population.

Source reduction is the second most effective method for controlling mosquitoes. Methods of source reduction involve eliminating containers that hold water and sources in our homes and environment that are inviting for mosquito egg laying and larval development.

Larviciding is the use of materials, either biological or chemical pesticides, to exterminate immature stages of mosquitoes or to prevent development of larvae from becoming adult mosquitoes. Larvicides are applied to waters that contain larvae and or pupae. Larvicides are effective in low concentrations and generally do not impact other organisms in the water or habitat. Every acre that is larvicided to prevent adult mosquitoes from emerging reduces the number of acres that must be treated with spray trucks or aircraft.

Adulticiding is the last effort to control mosquitoes, although the most visible. Applied as directed, adulticide treatments have minimal effects on other insects.  Adulticiding is usually done at night when adult mosquitoes are most active, which is also when most non-target insects like bees, dragonflies and butterflies are not as active. It is also the most expensive method of controlling the mosquito population and least effective.  The U.S. Centers for Disease Control and Prevention has written that “adulticiding, application of chemicals to kill adult mosquitoes by ground or aerial applications, is usually the least efficient mosquito control technique.”

Marzella: Adulticides, are used to kill mosquitoes in the adult stage, and is the option of  last resort                          because it is not target specific. There are two main chemicals that are used.

Pyrethrum, is sprayed from fog trucks, and is made from plants in the chrysanthemum family. Naled, is sprayed from airplanes, and is a toxin that poisons the adult mosquito’s stomach.

Larvicides, are used to kill mosquitoes in the larval stage, and are the    preferred treatment because it is target specific. There are about a half a dozen products    that are used, my favorite being the Gambusia fish. Bti and Bs are bacteria that occur    naturally in soil, and destroy the stomach walls. Both can be spread by helicopter or by hand. Methoprene is a growth inhibitor, and is spread by hand. Each of the other products, also have specific applications.

What changes to the treatment regimen(s) would you implement?

Marzella: Kill as many as possible, as safely as possible, as cheaply as possible.

Dombroski: I would increase efforts at prevention and of source reduction. They have been proven to the most efficient and cost effective ways at controlling the mosquito population. This can be successfully accomplished by increasing the public awareness and education of various mosquito prevention methods, including landscaping, home maintaince, and additional educational programs for our school age children.  There still would be a commitment to spraying, but if these preventive techniques are implemented, I feel there will be an over all reduction in the need for, and the amount of, spraying in many areas of our county. Of course, there are some areas which are not accessible and aerial spraying is the only real option to control the mosquito population.  The Department’s efforts should be focused on prevention, source reduction and larviciding to control the mosquito population, with the last option being that of adulticiding with the use of spray pesticides, either aerial or by truck.

Would you be in favor of term limits on locally elected officials and why or why not?

Dombroski: I would be in favor of term limits for all elected officials. Term limitation will accomplish a number of positive things, but one stands out: it will improve the quality of leadership of all of our elected public servants by replacing careerists whose primary motives are reelection to their office. I believe an elected official’s term should be limited to no more then two consecutive elected terms in their respective offices.

Marzella: Locally speaking, I feel that a fair and honest election process, serves as a term limiter. I would not want to lose an excellent leader, simply because his time is up…especially when you consider the depth of our candidate pool.

Republicans District Two:

What programs or processes do you feel need to be reviewed, or revamped in light of the recent budget decisions made by the district?

Hubbard: Until such time as a comprehensive review of labor costs is made there will be only limited success in controlling the budget.  This review should include, among other things, an independent salary survey, well-written job descriptions, periodic performance reviews, and clearly laid out policies and procedures.  The second major area involves the purchasing policies and procedures.  Every purchase needs to be fully documented, periodically reviewed, and bids obtained where the agreement exceeds or may exceed a certain level.

Rudell: Not all budget decisions have been made yet. Thia usually takes until September.

All board members seem to agree that the truck replacement program needs to be revamped. We have found the current system to be inefficient. Too many trucks have been getting auctioned out long before necessary. This is a big waste.

Other expenditures that two of us believe should be changed are; $1 million for the purchase of land, reduction in the director’s pay, reduction of professional fees and field and grant studies which now total $195,000. Put a freeze on pay raises, reduce travel expenses by $50,000 and eliminate the TV show at $30,000 per year.

More reductions will be forthcoming as the budget cycle progresses.

Please outline your budget priorities for the coming four years, and outline your position on tax rates.

Rudell: Budget priorities should be for what keeps mosquito control at full efficiency and eliminate unnecessary luxuries. Tax rates should be kept at a minimum. This year I see no reason we cannot maintain rollback.

Hubbard: Budget priorities include controlling labor costs and ensuring that the District procures only needed equipment, materials, and services at the most possible best prices.

Tax rates have to be sufficient for the District to fulfill its mission of protecting human health and safety, and promote the enjoyment of the Keys by residents and visitors alike.  This has to be accomplished in a manner that does not cause damage to our environment.  I believe these goals can be achieved at or below the current cost.

Please explain your views on adultacide versus larvacide treatments?

Hubbard: It is not a question of one or the other, it is a question of which is the most effective and efficient treatment for the problem at hand.  The two treatments are complimentary.  Where appropriate mosquito breeding areas are eliminated.  Where this is not possible, biological agent and/or monomolecular film larvaciding is used. These methods reduce the need to use adulticides.  Adulticides are employed to decrease a breeding population to limit the need to use larvacides.

Rudell: Larvacide is always the most efficient and cost-effective way to treat mosquitos. We try to get them before they spawn, which allows us to treat a smaller area. Once they take flight we have to adultacide a larger area.

What changes to the treatment regimen(s) would you implement?

Rudell: The treatment regimen appears to be working very well. The low number of telephone complaints tells us that. Meanwhile, we are always looking for advanced ways of treatment.

Hubbard: I favor the use of target-specific biological agents.  The use of naturally occurring biological agents to control mosquitoes lessens the impact on people and the environment.  Continued use toxic chemicals increases the mosquito resistance.  This requires heavier concentrations causing more harm to both the environment and people to achieve the same level of control.  It also means more cost.

Would you be in favor of term limits on locally elected officials and why or why not?

Hubbard: I favor term limitations.  Public office should not be a career but a citizen’s opportunity to give back to the community.  By having a term limitation, citizens are encouraged to seek office and bring out new ideas.

Rudell: I favor term limits at the state and federal level. The longer a Senator or Representative stays in office the more powerful they become, especially when that power is gained in committee. They stay in office by bringing home the bacon, sometimes to the detriment of the rest of the state or nation. Locally elected officials do not gain that type of power. They have to produce for the whole of the electorate or they get replaced.

An experienced (multiple term) elected official, who has integrity, can be a valuable asset to the community.

District Five Republicans:

The only candidate who answered the questionnaire by presstime last week was Tony Gibbons. Here are his views.

What programs or processes do you feel need to be reviewed, or revamped in light of the recent budget decisions made by the district?

A) The truck policy needs to be reviewed. An inspection check list should be established allowing the employees to determine if and when a vehicle is to be sold not on a fixed time or mileage.

B) The travel to educational meetings; limiting the number of employees being sent to seminars.

C) Personal vehicle policy; limit the number of employees having a car or truck provided by Mosquito Control.

Please outline your budget priorities for the coming four years, and outline your position on tax rates.

My budget priorities are basic; protect the citizens of Monroe County from mosquitoes and wasteful spending which would increase taxes needlessly.

Please explain your views on adultacide versus larvacide treatments?

Both are needed in an intergrated pesticide program.

What changes to the treatment regimen(s) would you implement?

As member of the board it would not be my job to implement any change. The Mosquito Control Board duties are to establish  the budget, set policy, and oversee the operations making sure these items are followed.

Would you be in favor of term limits on locally elected officials and why or why not?

I am for term limits and always have been. Two terms is plenty for government service.

Why?  Just look at Congress.

Carter was cited by county code enforcement more than 30 years after the fact for what it called an illegal downstairs enclosure. The enclosure, according to court documents, was originally part of the house when it was built in 1975, and the county issued permits on the property several times over the last 27 years.

The county has also been collecting property tax dollars on the enclosure since 1983 as habitable living space.

The county’s special magistrate for code enforcement, who is paid from county coffers, ruled against Carter when she challenged the citation. She appealed to the local courts, which overturned the magistrate’s ruling twice.

The county appealed that loss to the Third District Court of Appeals.

The Third District Court of Appeals ruled in favor of Monroe County based primarily on a public health and safety argument, said Lee Rohe, Summerland Key attorney representing Carter.

The county hadn’t used that argument until the appeal, and based in on the claims of the Federal Emergency Management Agency that enclosures below base flood pose a significant risk to lives and property when used as living space.

FEMA has been urging the eradication of living space below base flood elevation for more than two decades, as well as urging the eradication of ground-level mobile homes in Monroe County.

Rohe had initially won his arguments in front of the local court based on the argument that the county had passed up on its ability to prosecute the enclosure for 27 years, the owner had purchased the property during a time when a court ruling didn’t allow for code actions more than four years old to go forward, and that the county had collected tax dollars on the enclosure as living space for 27 years.

The appeals court ruled that just because the county had issued permits on the property, each one requiring a final inspection, and that building inspectors had been on the property in unofficial capacities several times, it couldn’t be assumed that the county knew of the enclosure’s existence.

The court ruled that way also despite knowing that part of the code enforcement process when a citation is issued is to pull the property record card from the appraiser’s office and check for permits, how the land is taxed, and what improvements are there.

It has been Rohe’s intention that allowing the county to enforce anytime it wants to for a code violation, whenever the rules change for building construction or usage, creates a scenario where property owners have no reliance on material information to make decisions on their homes.

He has also argued that the burden of proof in the case has shifted from the prosecuting body, Monroe County, to the defendant in violation of certain rights.

“Unfortunately, the decision as it now stands will only encourage ‘unbridled discretion’ in the county’s enforcement of suspected code violations,” wrote Rohe. “Under the mantle of ‘police power’ and ‘public safety,’ the county’s repudiation of its prior conduct and the amount of time that has elapsed in citing alleged code violations will become irrelevant.”

Rohe told the court that there were also questions of regional, possibly statewide importance since much of Florida is coastal community and subject to FEMA regulations on below base-flood elevation building.

He asks the court to ask the higher court if the county is allowed to disavow knowledge it has gained at a later date to facilitate code enforcement, and whether the county’s policy of total property inspection upon permit issue can actually mean that it has knowledge of what’s on the property.

The county has continued to prosecute the case partly because it feels FEMA would question its dedication to illegal enclosure enforcement and suspend the county from the National Flood Insurance Program, and partly because legal advisors have said the case could set a precedent that would hamper enforcement of future enclosure prosecutions.

Rohe said a decision by the Supreme Court would definitely be a precedent-setter, but he minimizes the risks to the county.

He said that unless a case mirrored the facts of the carter case very closely, each case would have to be acted on as a separate issue.

Attorneys expect the decision from Third DCA to come by the end of August, possibly early September.

Scientists still maintain that the Keys could be the recipient of tar balls from the Deepwater Horizon oil rig that exploded and sank off the coast of Louisiana April 20. That infiltration of toxic oil and possibly chemical dispersants used to break up the surface oil over the 100-plus days the well gushed millions of gallons of crude daily into the Gulf of Mexico will probably happen later in the summer at the earliest.

Those prognostications come on the heels of a counter-clockwise eddy current that formed in June on the eastern edge of the Gulf Loop Current, trapping the heavy oil plumes and surface sheen.

The Loop Current itself, a saltwater river of sorts that runs in a clockwise loop through the Gulf and meets the Gulf Stream near the Keys, has pushed westward, dragging the trapped oil away from the sea life rich waters of the Keys.

Commercial and recreational fishermen have spotted what they believe are under-surface oil plumes in several locations south of the Keys in recent weeks, and beach combers have continued to report tar balls that wash up on local beaches. None of those events, however, have been tied specifically to the Deepwater Horizon spill.

The rig was owned by BP Oil. The giant multinational corporation has pledged to fund all the clean up efforts needed to return the Gulf to its former condition, as well as any shoreline clean up efforts like the ones currently underway on beaches in Louisiana, Alabama and the Florida Panhandle.

The company has also agreed to pay for lost revenues to local businesses that suffered an economic downturn during the time the spill was headline news around the world.

District 4 incumbent Mario DiGennaro was appointed by the Governor to his seat when he turned out to be the only candidate seeking to replace his challenger David Rice when the latter resigned the seat to seek the State Representative job won by Democrat Ron Saunders.

Two other candidates declared for Rice’s vacated seat, but neither qualified, leaving DiGennaro the winner by default.

One of the men who had filed to run for Rice’s vacated seat, Don Vasil, has returned to the county political scene again seeking the District 4 commission seat, and will appear on the November ballot against the winner of the August 24 primary. Vasil, a former Marathon city councilman, will be one of three candidates in November, the last being former Islamorada councilman Mike Forster. Both of those men are running as non-affiliated candidates.

The following are responses from the candidates to questions posed by News-Barometer:

The County now has five more years before the enforcement of the wastewater mandate for AWT begins.  Where do you begin to meet this mandate?  From what source (s) do you obtain the money to build the systems?  Would you give any thought to creating an independent wastewater district for the expanded Cudjoe Regional service area, similar to Key Largo?

DiGennaro: I successfully fought to get $200 million in State funds for wastewater, and to extend completion deadlines from 2010 to 2015. I will continue to work vigorously at the State and Federal levels to obtain additional wastewater funding for County-wide projects.

The question of how to fund state-mandated wastewater upgrades was answered when Monroe County adopted the 2010 Comprehensive Plan, in the 1990s. When the County Commission approved that Plan, “Policy 1” recognized that implementation of a sewer master plan “will require funding which exceeds the reasonable budgetary constraints of Monroe County.”

It went on to commit Monroe County to pay up to one-third of the cost, with the balance of the funds to be sought form federal, state and private funding sources, with the proviso that “Monroe County shall not be required to implement these policies except as funds are made available as contemplated”.

When the Comprehensive Plan reached Tallahassee, that funding safeguard was gutted by the DCA, but the following provision survived: “When an implementation date cannot be met by reason of unavailability of sufficient funds, that date will be extended by Plan amendment to the earliest date that is reasonably practical after receipt of sufficient funds.”

Because sufficient funding was NOT provided by the State and federal governments, this year’s State legislature extended the 2010 deadline to 2015. I worked with other elected officials to obtain legislative reinstatement of a substantial funding authorization for Keys sewers.

However, the task facing me —and all of our elected officials — is to turn that authorization into budgeted dollars. Obviously that task is daunting, given the State’s poor financial condition. We can’t ask homeowners, particularly in non-urbanized areas of the County where sewage collection costs will be even higher than cities like Key West, to bear those costs alone. There has been substantial progress in Key Largo and in Marathon, but much remains to be completed.

When will it be done? When the State and Federal government honor their  commitments. If they fail to do so, the Comprehensive Plan approved by the State provides that the compliance date will be extended until sufficient funding is made available.

Forster: First, let`s be Honest ! Unless the State of Florida and/or the Federal Government not just appropriate (THEY DON`T HAVE IT TO GIVE) the $200 million that Mario says that He received for Monroe County Wastewater but actually start allocating it, then we are in trouble. This unfunded mandate has been going on for years and will not go away, no matter how long we continue to ignore it. By ignoring it, just allows the capital cost to keep rising with the economy. So with that being said, I only have three avenues to press on with the hope of funding.

1. Keep the pressure on the State & Federal Governments for money that was and has been promised for years. 2. I support going back to the Legislators during the 2011 session and pursue a dedicated 1-cent sales tax to finance Keys sewer projects. 3. I also support Commissioner Heather Carruthers on her efforts for a toll on the 18 mile stretch, with a couple of caveats a) Majority of monies collected go to sewer projects, not DOT or Dade County b) Maximum toll of $3 and Monroe County Residents Free. c) The use of a Sun Pass system to expedite traffic.

Second part of the question. The answer about an independent wastewater district for the Cudjoe area ? Absolutely.

Rice: The County will be continuing to make progress on wastewater construction as funds become available.  For example, the Florida Keys Aqueduct Authority very recently received a grant for 3.5 million dollars to provide treatment systems to scattered sites.  Scattered sites are homes, primarily in the Cudjoe Regional system (Cudjoe through Big Pine) which are in isolated locations which make it impractical to connect to a central system.  This 3.5 million will complete approximately 200 of the 300 homes which require this service.

Currently there are three potential sources of funds which will take part of the financial burden off the Monroe County property owners.  These sources are:

The Federal Government –still paying slowly on a 12 year commitment for 100 million dollars

The State of Florida-with a 200 million dollar promise, as yet unfunded.

The possibility of a 1 cent additional sales tax dedicated to wastewater.  This option must be approved by county voters in a referendum prior to being enacted.

I am willing to consider creating an independent wastewater district.  I am open to consideration of any and all ideas that can help move us toward a 2015 completion date.

Vasil: It is frustrating to see that Monroe County government has failed to take advantage of the significant federal dollars that have been made available recently because they did not have plans in place and shovels ready to go into the ground.  Marathon and Key Largo have obtained the lion’s share of that money and will probably continue to do so for the foreseeable future.  Good for them. Now the County has to get its act together.  We were fortunate to get additional time. Let’s get our program ready and start competing for the federal and state dollars.  As for an independent district for Cudjoe, I am willing to study all options.  The independent district seems to have worked in Key Largo, so it is certainly worth considering elsewhere.  But we need to consider all perspectives on this before moving in any direction.

Please outline your budget priorities for the coming four years and outline your position on tax rates.

Forster: Reduce wasteful spending across the board.

Maintain efficient and responsive services at bare minimum costs.

Only spend and allocate funds that are at hand, No more Borrowing away our future.

More Public/Private Partnerships,including Affordable Housing,Parks etc. Stop counting on State & Federal Funds.

Maintaining and leaving our Fund Balance alone.

Tax Rates, I`m for Rollback and some! No Higher Taxes!

Rice: In this economy, I do not feel that the Monroe County Commission should impose additional tax burdens to our citizens.  I believe that the County must identify core essential services and focus on spending revenues on essential services only.  Major capital projects should be reviewed and those which do not present life-safety issues should be postponed pending a stronger economy.  Government must do what so many of us, our citizens, are forced to do—spend money only on the essentials.

Vasil: My position is simple.  First, I will not support tax rate increases during the next four years.  Secondly, wherever possible, I will fight to lower the tax burden on our residents, particularly the homesteaded properties.  In order to achieve this, we need to challenge the County administration and workforce to do better.  We need to take a hard look at our outside consultants and professionals and find ways to cut those costs.  We can implement efficiency efforts to raise productivity of the workforce, and perhaps even incentivize them through sophisticated employee suggestion programs that ask them to tell us how we can do it better, and let them share in the savings.  We need to take a hard look at our current real estate portfolio (owned and leased) and figure out if we can save money there.  The key to all this is that there can be no sacred cows.  Everything has to be on the table in order to find the right formula.

DiGenanro: The best, and only, way to control spending is for elected officials to have the fortitude not to budget more than is required for essential services.

Raises for government officials cannot be justified when their counterparts in private business are losing their jobs. There is no “sacred cow” of County government that should automatically be given the same amount, or more, than previously budgeted.

What secondary economic engine would you attempt to implement as a fall back if tourism suffers a major setback?

Rice: For over 30 years, tourism has either directly or indirectly supported virtually every business in Monroe County and I am happy to say that Monroe County’s bed tax revenue is currently higher than last years.  This reflects the fact that our tourists continue to regard the Keys as a high travel priority.

The development of our tourist industry was a huge project which was developed slowly with the idea and involvement of individuals from all levels of our communities.  I believe that in the event of a long-term tourism setback, we would need to re-engage our communities to determine a future direction as was done 30 plus years ago.  No project of this magnitude can succeed unless it originates with the community and receives widespread support.

Vasil: First of all, I think we need to diversify our tourism base.  While the Keys are known for diving, fishing and sailing, we can do better to promote the power boat industry that attracts boaters that spend lots of money in our local economy.  Marathon and Key West can figure prominently in this.  We should also try to identify more sources of eco-tourism and market the region to such travelers.

Secondly I would also like to explore the link between medicine and tourism.  More and more people in the U.S. and abroad are traveling for medical care, often to resort settings where they can recuperate pleasantly.  We have hospitals that are under-utilized.  Perhaps we can work with them and medical professionals to find specialties (e.g. sports related injuries) that can attract medical visitors to our region.

DiGennaro: Tourism is the best economic engine Monroe County enjoys,  and it is important that we encourage our visitor-based economy.

I strongly support working with the TDC, and directly with local businesses to prevent any economic setback.

I also believe that other forms of economic activity, such as commercial fishing, support for our military, construction, education, the arts and others should be encouraged. But the large umbrella we refer to as “tourism” is the mainstay of our economy, and must be defended and encouraged.

Forster: Sorry Rhetorical Question! Unless GM or Ford want to open a truck assembly plant, or maybe go back to the Rum Running Days. Tourist based economy is what  we have, and I will do all that I can to protect the quality of our Ocean in turn to protect our quality of life as a tourist-driven, water-based economy.

The US Fish and Wildlife Services and Federal Emergency Management Agency are poised to come to agreement on the flood-insurance injunction to protect environmentally sensitive areas.  What ideas do you have for shifting development away from habitat and into scarified areas?

Vasil: We need to get the State to again fund the Florida Forever acquisition program so that many of these properties can be taken out of private ownership.  We need to identify certain major sites (e.g. Boot Key) and work with federal and state authorities to find ways to preserve those for future generations.  We need to look at other communities in Florida that have had success with “in-fill” development to see how we can replicate their efforts here.  This will include restoring historic waterfronts to preserve our fishing history and future (e.g. Stock Island) and continuing the commitment to affordable workforce housing (ownership and rental) so that our precious workforce can choose to stay in the Keys.

DiGennaro: This is a question that must be publically debated AFTER the agencies actually come to agreement.

Most importantly is doing what the public wants, so I favor a peer review committee to advise after careful review.

Forster: The only logical and ethical way to promote this is for people who own these properties (habitat) is to offer them tax incentives to develop in scarified areas instead. Do we really want to get into the litigation of property rights with the possibility of having to defend what could be considered a taking? I would ask the Commission to direct the County Manager to seek out Grants to purchase and protect these sensitive areas.

Rice: Monroe County’s tier system is designed specifically to shift development to platted, scarified areas which are served by utilities.  In addition, Monroe County’s Land Authority protects property rights by purchasing sensitive habitat for preservation.  I am quite familiar with this process since I chaired the Land Authority during my previous tenure as a Monroe County Commissioner.  I am happy to say that the funding source for these purchases, our bed tax revenue, is up over last year, as stated earlier.

Please explain your views on compliance driven code enforcement versus the coercive method we now have.

DiGennaro: Code enforcement is best achieved by working with the residents and businesses in a customer friendly manner. Use of legal enforcement should only be a last resort.

I have a history of working with people to achieve public interest.

Forster: By this question, one would have to assume that your part of the County is not  happy with Code Enforcement. It does seem that since many portions of the county have either incorporated or are separated by longer distances have created inequities or different interpretations in the Code Enforcement Dept. I would work towards enforcing the codes in the same manner for all cities in the  county. And if the Codes don`t work, then we change or get rid of them. This looking the other way, then all of the sudden coercive enforcement as you say has to STOP. We need to be consistent and equal treatment to all residents.

Rice: I favor a two phase code enforcement policy in which the coercive method only comes into play in the event of failure of compliance driven code enforcement.  In this system, when a code enforcement officer becomes aware of a violation they conduct a courtesy call with the owner and provide them with information and a reasonable period of time to come into voluntary compliance.  In this time period no fines or other punitive actions would be imposed by the County.  Only in the case that voluntary compliance fails would the second phase of enforcement be enacted.  This phase would involve the more coercive approach for those who have refused to come into compliance on a voluntary basis.

Vasil: I believe that the goal always has to be compliance.  Code enforcement should not become a mechanism for government to collect revenues or otherwise punish residents.  Obviously we need the fines to provide an incentive for some people to comply, but I think that if a property owner makes legitimate good faith efforts to comply and achieves compliance in a reasonable time frame, then fines should be reasonably mitigated so that the local government’s costs are covered without being punitive.  I do want to be clear that I do not condone ignoring violations.  Properties must be brought into compliance.  But we must work cooperatively with owners where possible, and not with a heavy hand.

Do you believe Amendment 4 would be good for Monroe County and why or why not?

Forster: I totally understand that Amendment 4 movement, example Wisteria Island. So if  that is the will of the people because their lack of trust in their elected officials to make decisions based on the will of the people, then more power to them. Personally, when I am elected for County Commissioner Dist 4, I would love to believe that the people would have faith in me to listen to them and make the right decision. It`s too bad it has come to this, but I can understand the frustration with the track record of some of the terrible decisions that were made in reference to land use. To this day, I am still the only candidate in my race that has declared that I will not accept any developers’ campaign contributions (don`t want to be beholden to any special interest) and I am also the only candidate that has declared that I will not accept any gifts of any amounts! (Currently, commissioners are allowed up to $100 worth of free food, drinks etc. etc. from each resident every day!) If I can`t afford it, then I don`t need it. No Special Favors.

Rice: I do not believe that Amendment 4 would be good for Monroe County.  I believe that our representative form of government serves us well as long as voters exercise their rights at the polls.  In areas where similar legislation has been enacted it has increased both the cost of government and the cost of construction.  The voter will be presented with a ballot consisting of many pages of complex material the understanding of which is essential prior to an informed vote.  When I served on the County Commission, I had the assistance of both the planning department and the County attorney’s staff to develop understanding prior to any vote.  I do not feel that our voters have these resources available to them.

Vasil: I do not.  Amendment 4 would create land use and zoning by referendum.  This is very burdensome on property owners, expensive for governments, and actually promotes the “not-in-my-backyard” attitudes that can prevent communities from doing what is right.  Property owners in the Keys have, for many years now, had their property rights impacted by a series of federal, state and local regulations that already make it complicated to own property in the Keys.  Creating a referendum approval process is not necessary in Monroe County in light of those regulations.

DiGennaro: The Amendment 4 question on the November ballot deserves careful consideration by the voters, and I will of course abide by their decision if it receives 60% passage. Personally, I do not plan to vote for the question, but it is something I could work with if it passes.

Would you be in favor of term limits on locally elected officials and why or why not?

Rice: This is not an issue which, for me, generates strong direction toward either position.  I have observed both term limits and no term limits  and find that both have strengths and weaknesses.  Without term limits we occasionally see public officials in office when we would prefer to see them elsewhere.  However it has been my observation that both the progression of life as well as the efficiency of the voters usually impose “term limits” to most.  With term limits we never must endure past  a stated number of years.  However, we find that we eliminate the good and the bad at the same point in their careers with term limits and that important decisions are made by less experienced public officials.  In my opinion, neither offers the “perfect” solution.

Vasil: Absolutely.  We have them in Marathon, and they have worked generally to keep a balance of veteran leadership and new blood on each Council.  It is natural for people to lose their sharp perspective after many years inside the belly of the beast.  It is good to bring in fresh eyes every few years to challenge the system.

DiGennaro: I support having a referendum on reasonable term limits for the Board of County Commissioners, and I would vote for it.

Forster: As you know, It`s harder and harder to find candidates to put themselves out there to run for public office. So I say let Democracy take its course (like it did by getting rid of the Gang of Three) and have unlimited terms. To be clear, I am not a career politician and have no intentions of following the longevity of the Queen “Wilhamina Harvey”

Two years ago, the price on wholesale lobster was adequate for most fishermen, but the catch was off. Last year, the catch was fine, but the price was so low many boat captains remained at the dock.

Most of last season, fishermen got paid $3 per pound for spiny lobster. That barely paid the expenses of operating the boat for most of them. And because they couldn’t sock any money away for the lean times, they skimped on needed, but unnecessary boat upgrades and repairs, and replaced fewer older traps, leaving those who would do that work skimping on less money.

And while no one is really guessing what price commercial fishermen will get this season as opening day bursts on the scene, “It has to be better than last year,” said Summerland Key fisherman Bobby Piller.

“I’ve heard that it will be at least $5 per pound this year to open, maybe as much as $6 per pound,” said Piller.

For an operation his size, every dollar in wholesale price means about an extra $15,000 in income for the year, income he can turn into purchases for new traps, boat upgrades or repairs, and possibly crew to take some of the pressure off.

Piller puts about 1,300 traps in the water.

The reasons for optimism are many, says Fanci Seafood owner Bobby Holloway.

“We haven’t heard any reports of large amounts of tail still in the freezers to be pulled out and sold before the new crawfish come in. The market seems to be up from last year, and with more demand comes a better price,” he said.

Last season, Holloway could sell everything he got in from the commercial fishermen, but there were fewer traps in the water because the price was so low.

Crab season presented a different dilemma in that fishermen were having a hard time bringing in stone crab claws, and although the market was there, the lack of catch translated to less money for the boats even with a decent price at the wholesale docks.

“I could have sold twice as much crab if I had it to sell,” said Holloway.

According to Piller, early reports are that the lobster are there to be had, fishermen may just have to adjust a little to find them.

“We didn’t find a lot out west when we went diving during mini-season, but we did find some in the east, so we’ll concentrate there for right now,” Piller said.

He also said the lobster seem to be a little larger this year than in year’s past.

Holloway said he has already been told by his buyers not to even accept any soft-shell lobster this year because they will just be returned,

But, there’s a lot of reason for optimism as the new season opens, he says, not the least of which is that it looks as though any serious effects from the Deepwater Horizon oil rig spill in the Gulf of Mexico back in late April appear to be bypassing the Keys.

The National Oceanographic and Atmospheric Administration (NOAA) said late last week that there is little chance heavy sheen or plumes will invade the waters off the Keys or more importantly the shorelines.

A combination of a counter-clockwise eddy current that formed in June and a shift to the west of the Gulf Loop Current are being touted as the reasons for that prognosis.

“Everybody is upbeat about the potential of this season after a couple of years of poor performance,” said Holloway.

The first bugs will be in this afternoon.