Agenda Backup
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MEMORANDUM
TO: Board of COWlty Commissioners
Jim Hendrick, COWlty Attorney
FROM: James L. Roberts
County Administrator
DATE: October 31, 2000
SUBJECT: Marathon and Islamorada
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
I am enclosing two very similar commWlications from the City and the Village. As you
can see, they are proceeding in their attempts to have the County share fWld balances. I shall
work with the County Attorney to pursue the issues raised.
If you have any questions, please let me know.
-~o. ~.
James L. Roberts
County Administrator
JLR:dlf
Ene.
cc: Danny Kolhage
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MAYOR JAMES MOONEY
VICE MAYOR FRANK R. KULlSKY
COUNCILMAN GEORGE GEISLER
COUNCIlMAN MARK GREGG
COUNCILMAN RON LEvy
October 30, 2000
Certified Mail
Return Receipt Requested
Mr. James L. Roberts
Monroe COWlty Administrator
Monroe County, Florida
Public Service Building
5100 College Road
Key West, FL 33040
Re: Turnover of Revenues to Islamorada, Village of Islands Pre-suit Notice
Pursuant to Cbapter 164, Florida Statutes
Dear Mr. Roberts:
Enclosed is a certified copy of resolution number 00-10-42, passed on October 26, 2000
by the Village Council of Islamorada, Village of Islands. This resolution was passed by the
Village COWlcil in accordance with Chapter 164, Florida Statutes, the "Florida Governmental
Conflict Resolution Act" (the "Act"). This letter and the enclosed resolution are notice of the
Village's intent to initiate the conflict resolution procedures of the Act prior to filing suit.
As you know from ow prior discussions, the Village has been seeking turnover of the
Village's proportionate share ofrevellues collected trom Village residents for fiscal years 1997-
98, 1998-99 and 1999-2000 (the "Village Revenues"). The Village Revenues resulted from the
collection of ad valorem and non-ad valorem revenues, special assessments, service charges,
impact fees, and other assessments, taxes and revenues. The County is prohibited from
expending V illage Revenues in and for the unincorporated portion of the County. The Village
has requested and formally petitioned the County to turnover the Village Revenues to
Islarnorada. Nevertheless, the County has continued to wrongfully withhold the Village
Revenues.
Because of the Cowlty'S failure to turnover the Village R
has initiated the Act's conflict resolution procedures, a prerequisit
action. In accordance with the Act, the Village and the County a
OCT 3 1 2000
P.O. Box 568 · h1.""IOM.~D^, I;L 33036
:,05.6642345 l'AX 305664.2399 www.islamorada.ll.u COUNTY ADMINISTRATOR
.Nov 01 00 10:06a
Jam~s L Rob~rts Co Admin
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Mr. James L. Roberts
Re: lslamorada Pre-suit Notice
October 30, 2000
Page 2
assessment meeting within thirty (30) days from the date you receive this letter. The Village's
representatives will be available to meet on November 20, November 21 or November 28, 2000
at Islamorada Village Hall, 81011 Overseas Hwy, Islamorada. We are proposing these dates
subject to the County's confirmation of date, location, and time. Public notice shall be given for
this meeting in accordance with the Act. Based upon our prior discussions, the Village suggests
that you attend the meeting along with a representative from the Momoe County Attorney's
office as well as any other staff that you may deem appropriate. By statute, the attendance is
required of the chief administrator, or his designee, for each governmental entity that is a
primary conflicting governmental entity. The attendance of other appropriate personnel from
each primary conflicting governmental entity is allowed. Please coordinate with Carol Simpkins,
to fmalize a date and time. She may be reached at 305-852-2381 ext. 501 or by email at
carol.simpkins@islamorada.fl.us.
In the event that no tentative resolution to the conflict can be agreed upon at the conflict
assessment meeting, the Village Council and the County Commission are required to schedule a
joint public meeting within 50 days of the receipt of this letter.
Finally, I would like to emphasize that the Village is seeking to resolve this issue without
the necessity of formal legal action. It is my hope that the Act's cont1ict resolution procedures
will be successful in this regard.
Enclosure
cc: James Hendrick, Esq., County Attorney (w/enc.)
Nina Boniske, Esq., Village Attorney (w/ene.)
81011 OVIRSIWi HIGH\V~Y' P.O. Box S611.1SlAMOKADA, 1'1.0RIDA 33036
305.664.2345 l'AX 305664.2399 www.islamo....IdaD.lIs
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CERTIFIED COpy Of RIGINAL
~r
RESOLUTION NO. 00-10-42 CAROL SIMPK ~S, "fI.tAGE CLERK
A RESOLUTION OF THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA (THE
"VILLAGE"), IN ACCORDANCE WITH THE "FLORIDA
GOVERNMENTAL CONFLICT RESOLUTION ACT,"
CHAPTER 164, FLORIDA STATUTES, PROVIDING
MONROE COUNTY, FLORIDA (THE "COUNTY"), WITH
NOTICE OF THE VILLAGE'S INTENT TO FILE SUIT TO
RECOVER THE VILLAGE'S PROPORTIONATE SHARE
OF AD VALOREM AND NON-AD VALOREM REVENUES,
SPECIAL ASSESSMENTS, SERVICE CHARGES, IMPACT
FEES AND ALL OTHER ASSESSMENTS, TAXES, AND
REVENUES COLLECTED BY THE COUNTY FROM THE
RESIDENTS OF THE VILLAGE; DIRECTING THE
VILLAGE MANAGER TO PREPARE A LETTER TO
MONROE COUNTY IN COMPLIANCE WITH THE
PROVISIONS OF THE FLORIDA GOVERNMENT AL
CONFLICT RESOLUTION ACT; DIRECTING THE
VILLAGE MANAGER TO SEND THE LETTER
TOGETHER WITH A CERTIFIED COPY OF THIS
RESOLUTION TO THE COUNTY ADMINISTRATOR AND
OTHERS WITHIN FIVE DAYS AFTER THE PASSAGE OF
THIS RESOLUTION, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Florida Governmental Conflict Resolution Act, Chapter 164, Florida
Statutes (the "Act"), requires the Village to initiate the Act's conflict resolution procedures
through the passage of a resolution by the Village Council prior to filing suit; and
WHEREAS, the Village has requested that Monroe County remit the Village's
proportionate share of ad valorem and non-ad valorem revenues, special assessments, service
charges, impact fees, and other assessments, taxes, and revenues ("Village Revenues") collected
from residents of the Village, but unexpended by the County for fiscal years 1997-98, 1998-99
and 1999-2000; and
WHEREAS, the Village has also petitioned Monroe County in accordance with Section
125.01 (6)(a), Florida Statutes, to remit the Village Revenues; and
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WHEREAS, the Village's request and petition to Monroe County were a proper exercise
of its sovereign authority; and
WHEREAS, the Village's request to Monroe County was proper because the Village is
no longer part of unincorporated Monroe County and the County is prohibited from expending
Village Revenues in and for unincorporated Monroe County; and
WHEREAS, the Village's request to Monroe County was proper because the County
carried forward into its fiscal year budget for 2000-2001 "fund balances" containing unexpended
revenues and reserves, a portion of which represent Village Revenues; and
WHEREAS, despite the Village's request, Monroe County continues to wrongfully
withhold the V ill age Revenues; and
WHEREAS, it is a violation of Article VIII, Section I (h), Florida Constitution, and
Sections 125.01(6) & (7), Florida Statutes, and other applicable laws and rules, for the County to
spend the Village Revenues on municipal-type services that benefit exclusively the
unincorporated areas of the County;
WHEREAS, it is the Village's desire and intention to resolve this conflict with the
County without the necessity of court proceedings, if possible.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
2
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Section 2. Pursuant to Chapter 164, Florida Statutes, this Resolution shall constitute
notice to the County of the Village's initiation of conflict resolution procedures pursuant to the
Act.
Section 3. The Village Manager is directed to send, within five days after the passage
of this Resolution, by certified mail, return receipt requested, a certified copy of this Resolution
together with a letter to the County Administrator.
Section 4.
The letter from the Village Manager shall contain a statement of the
conflict between the Village and the County, the justification for the Village's initiation of the
Act's conflict resolution procedures, proposed dates and a proposed location for a conflict
assessment meeting between the V illage and the County, and shall suggest which COWlty
officials should be present at the meeting.
Section 5. The Village Manager shall mail a copy of the letter and this Resolution
also to any other state, regional, or local governmental entity which may have a role in approving
or implementing a particular element or aspect of any settlement of the conflict, or whose
substantial interests may be affected by the resolution of the conflict; and to any other
goverrunental entity deemed appropriate by the Village Manager.
Section 6. Effective Date. This Resolution shall become effective immediately upon
its adoption.
PASSED AND ADOPTED this 26th day of October, 2000.
3
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p.?
ATTEST:
~~$L~
VILLAGE CLERK
APPROVED AS TO LEGAL SUFFICiENCY
--V\~. ~-
ViLLAGE ATTORNEY
Motion to adopt by Councilman Levy, seconded by Vice Mayor Kulisky.
FINAL VOTE AT ADOPTION
Mayor James V Mooney
Vice Mayor Frank R. Kulisky
Councilman George Geisler
Councilman Ron Levy
Councilman Mark Gregg
Yes
Yes
Absent
Yes
Yes
, > '.\~/niV\~"M VILLAGE OF ISLANDS
ISU\:viOrtADA, FL.
1:~;~' ('opy is 11 Tn:e ('~Y oflhe Ori;m.toa F.'....om..
\.t".-:.t:o Illy hand and OffICial ScaI
Thi., ~7h dayul' ~T'
A.D. ~ t?" "
Carol Simpllilll
~~
4
Nov 01 00 10:08a
Robert K. Miller
Muyor
John Bartus
t/;('-l.!1.1(~p"w
frank Greenman
C'tJ1lIU:i("'-UHI
Jon Johnson
(.imllL:ilnw./
Randy Mearns
Ctjtluci!mau
Cr;lig Wrathcll,
Moyer & Assudates
Ci~)' Mal/ager
Weiss Scrota Hdfinan
Pastoriza & Guccks. P.A
(.'iO'I\"/lnwl'~
Jam@s L Rob@rts Co Admin
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October 21, 2000
RECEIVED
OCT 3 1 2000
Federal Express
COUNTY ADMINISTRATOR
Mr. James L. Roberts
Monroe County Administrator
Monroe County, Florida
Public Service Building
5100 College Road
Key West, FL 33040
Re: Turnover of Revenues to City of Marathon Pre-suit Notice
Pursuant to Chapter 164, Florida Statutes
Dear Mr. Robe11s:
Enclosed is a certified copy of resolution number 00-10-66, passed on
October 24, 2000 by the Marathon City Council. This resolution was passed by the
City Council in accordance with Chapter 164, Florida Sta,tutes, the "Florida
Governmental Conflict Resolution Act" (the" Act"). This letter and the enclosed
resolution are notice of the City's intent to initiate the conflict resolution procedures
of the Act prior to filing suit.
As you know from our prior discussions, the City has been seeking turnover
of the City's proportionate share of revenues collected from City residents for fiscal
year 1999-2000 (the "City Revenues"). The City Revenues resulted from the
collection of ad valorem and non-ad valorem revenues, special assessments, service
charges, impact fees, and other assessments, taxes and revenues. The County is
prohibited from expending City Revenues in and for the unincorporated portion of
the County. The City has requested and formally petitioned the County to turnover
the City Revenues to Marathon. Nevertheless, the County has continued to
wrongfully withhold the City Revenues.
Because of the County's failure to turnover the City Revenues, the City
Council has initiated the Act's conflict resolution procedures, a prerequisite to the
tiling of formal legal action. In accordance with the Act, the City and the County
are required to hold a conflict assessment meeting within thirty (30) days from the
date you receive this letter. The City's representatives will be available to meet on
either 11/21/00, 11/22/00, or 11/29/00 at a suitable location within the City of
Marathon~ Florida. Public notice shall be given for this meeting in accordance with
the Act. Based upon our prior discussions, the City suggests that you attend the
meeting along with Mr. James Hendrick and any other interested party. By statute,
the attendance is required of the chief administrator, or his designee, for each
governmental entity that is a primary conflicting governmental entity. The
210 N. University Drive, Suite 301 . Coral Springs, Flonda 33071 . Phone: 954-753-5841. Fax: 954-345-1292
.Nov 01 00 10:08a
James L Roberts Co Admin
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p.9
Mr. James L. Roberts
Re: City of Marathon Pre-suit Notice
October 24,2000
Page 2
attendance of other appropriate personnel from each primary conflicting
governmental entity is allowed. Please coordinate with Dina Michael, to finalize a
date and arrange a mutually convenient location. She may be reached at (305) 289-
3000.
In the event that no tentative resolution to the conflict can be agreed upon at
the conflict assessment meeting, the City Council and the County Commission are
required to schedule a joint public meeting within 50 days of the receipt of this
letter.
Finally, I would like to emphasize that the City is seeking to resolve this
issue without the necessity of formal legal action. It is my hope that the Act's
conflict resolution procedures will be successful in this regard.
Sincerely,
r Ad I. t N---;J7J
\.j\O--&~~~' '._L(
Craig W rathell
City Manager
City of Marathon
DAW/vm
592.001
Enclosure
cc: James Hendrick, Esq., Coumy Attorney (w/ene.)
Nina Boniske, Esq., City Attorney (w/enc.)
Marathon City Council Members
Monroe County Commissioners
enclosures
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RESOLUTION NO. oo-J.Q..:1l
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA, PETITIONING MONROE
COUNTY, FLORIDA, TO REMIT TO THE CITY OF
MARATHON ITS PROPORTIONATE SHARE OF AD
V ALOREM AND NON-AD VALOREM REVENUES,
SPECIAL ASSESSMENTS, SERVICE CHARGES, IMPACT
FEES OR OTHER REVENUES COLLECTED BY THE
COUNTY FROM THE RESIDENTS OF THE CITY WHICH
THE COUNTY IS UTILIZING TO PROVIDE SERVICES
THAT DO NOT BENEFIT THE CITY PURSUANT TO
ARTICLE VIII, SECTION 1(0), FLORIDA CONSITUTION
AND SECTIONS 125.01(6) AND (7), FLORIDA STATUTES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article vm, Section 1 (h) of the Florida Constitution, prohibits the taxation
of property within a municipality for those services rendered by a county exclusively for the
benefit of the property or residents in unincorporated areas; and
WHEREAS, Section 125.01(7), Florida Statutes, prohibits county governments from
expending county revenues to fund any service or project provided by a county when no real
benefit accrues to the property or residents within a municipality or municipalities; and
WHEREAS, Section l25.01(6)(a), Florida Statutes, authorizes the goveming body of a
municipality to petition the Monroe County Board of County Commissioners (the "Connty") to
,
remit to the municipality a portion of taxes and revenues collected from the municipality if such
taxes and revenues are to be expended on services or programs that benefit the property or
residents in unincorporated areas; and
WHEREAS, for fiscal year 1999-2000. the County collected and retained both ad
valorem and non-ad valorem revenues, special assessments, impact fees and services charges
(the "Revenues") from the residents of the City; and
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WHEREAS, those Revenues were separated by the County into several funds, including
but not limited to, the Fire and Ambulance District I, the Unincorporated Parks and Beaches
Fund, and the Planning, Building, Code and Fire Marshall Municipal Service Taxing District (the
"Districts"); and
WHEREAS, on November 30, ] 999. the City of Marathon (the "City") was
incorporated; and
WHEREAS, the Residents of the City are no longer included in the Districts; and
WHEREAS, on October I. 2000, the County carried fOlWard into its fiscal year Budget
for 2000-200 1, a "fund balance" of unexpended revenues and reserves from each of the Districts;
and
WHEREAS. a portion of the fund balances m each of the Districts represents City
revenues; and
WHEREAS, as the City is no longer included in any of the Districts, the County can
expend said Revenues in only unincorporated Monroe County; and
WHEREAS, it is a violation of the Florida Constitution and Florida Statutes for the
County to spend City revenues on municipal-type services that benefit the unincorporated areas.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY 01" MARATHON, FLORIDA, AS FOLLOWS:
Section ].
Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
Section 2. Pursuant [0 Section 125.01(6), Florida Statutes, the City Council requests
the Board of County Commissioners of the County to remit to the City its proportionate share of
2
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Revenues presenlly being held by the County in the District funds, which Revenues represent
those funds collected by the County from the City. A copy of the "Revenues and Fund
Balances" spreadsheet providing a detailed description of the funds at issue attached as Exhibit
"An is incorporated into and made a part of this Resolution.
Section 3.
Pursuant to Section 125.0 I (6)(a), Florida Statutes, the City Council
petitions to the County to remit the Revenues to the City within six (6) months of the adoption of
the County budget in the proportion specified in Section 125.01(6)(a), Florida Statutes, or by any
olher method prescribed by law.
Section 4.
Pursuant to Section 125.0 I (6)(a), Florida Statutes, the City Council
requests the Coumy to respond to this petition within 90 days as required by law.
Section 5.
Effective Date. This Resolution shall become effective immediately upon
its adoption.
PASSED AND ADOPTED this 2.. if tjy day of
,2000.
:,-::'i;t~:;:. Carol N. Chamberlain
[.r~\.-~ MYCOMMlSSIONICC682321 EXPIRES
~~.i-.; September 27. 200t
,.tii(,~.,"" iONOfO 11iRU TROY fAIN IHS\.lINq INC.
ATTEST:
-........
-----.
f!wt1. ~
CITY CLERK
~.........---.-
APPROVED AS TO LEGAL SUFFICIENCY
3
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RESOLUTION NO. 00-10-""
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA (THE "CITY"), IN
ACCORDANCE WITH THE "FLORIDA
GOVERNMENTAL CONFLICT RESOLUTION ACT,"
CHAPTER 164, FLORIDA STATUTES, PROVIDING
MONROE COUNTY, FLORIDA (THE "COUNTY"), WITH
NOTICE OF THE CITY'S INTENT TO FILE SUIT TO
RECOVER THE CITY'S PROPORTIONATE SHARE OF
AD VALOREM AND NON..AD VALOREM REVENUES,
SPECIAL ASSESSMENTS, SERVICE CHARGES, IMPACT
FEES AND ALL OTHER ASSESSMENTS, TAXES, AND
REVENUES COLLECTED BY THE COUNTY FROM THE
RESIDENTS OF THE CITY; DIRECTING TIlE CITY
MANAGER TO PREPARE A LETTER TO THE MONROE
COUNTY ADMINISTRATOR IN COMPLIANCE WITH
THE PROVISIONS OF THE FLORIDA GOVERNMENTAL
CONFLICT RESOLUTION ACT; DIRECTING THE CITY
MANAGER TO SEND THE LEITER TOGETHER WITH A
CERTIFIED COpy OF THIS RESOLUTION TO THE
COUNTY ADMINISTRATOR AND OTHERS WITHIN
FIVE DAYS AFfER THE PASSAGE OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Governmental Conflict Resolution Act, Chapler 164, Florida
Statutes (the "Act"), requires the City to initiate the Act's contlict resolution procedures
through the passage of a resolution by the City Council prior to filing suit; and
WHEREAS, the City has requested that Monroe County remit the City's proportionate
share of ad valorem and non-ad valorem revenues, special assessments, service charges,
impact fees, and other assessments, taxes, and revenues ("City Revenues") collected from
residents of the City but unexpended by the County for fiscal year 1999-2000; and
Nov 01 00 10:10a
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WHEREAS, the City has also petitioned Monroe County in accordance with Section
125.01(6)(a), Florida Statutes, to remit the City Revenues; and
WHEREAS, the City's request and petition to Monroe County were a proper exercise
of its sovereign authority; and
WHEREAS, the City's request to Monroe County was proper because the City is no
longer part of unincorporated Monroe County and the County is prohibited from expending
City Revenues in and for unincorporated Monroe County; and
WHEREAS, the City's request to Monroe County was proper because the County
carried forward into its fiscal year budget for 2000-2001 "fund balances" containing
unexpended revenues and reserves, a portion of which represent City Revenues; and
WHEREAS, despite the City's request, Monroe County continues to wrongfully
withhold the City Revenues; and
WHEREAS, it is a violation of Article VIII, Section l(h), Florida Constitution, and
Sections 125.01(6) & (7), Florida Statutes, and other applicable laws and rules, for the County
to spend the City Revenues on municipal-type services that benefit exclusively the
unincorporated areas of the County;
WHEREAS, it is the City's desire and intention to resolve this conflict with the County
without the necessity of court proceedings, if possible.u
2
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARATHON, FLORIDA, AS FOLLOWS:
Section I.
Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
Section 2. Pursuant to Chapter 164, Florida Statutes, this Resolution shall constitute
notice to the County of the City's initiation of contlict resolUlion procedures pursuant to the
Act.
Section 3.
The City Manager is directed to send within five days after the passage
of this Resolution, by certified mail. return receipt requested, a certified copy of this
Resolution together with a letter to the County Administrator.
Section 4. The letter from the City Manager shall contain a statement of the conflict
between the City and the County, the justification for the City's initiation of the Act's contlict
resolution procedures, proposed dates and a proposed location for a contlict assessment
meeting between the City and the County, and shall suggest which County officials should be
present at the meeting.
The City Manager shall mail a copy of the letter and this Resolution also
Section 5.
to any other state, regional, or local governmental entity which may have a role in approving
or implementing a particular element or aspect of any settlement of the conflict, or whose
substantial interests may be affected by the resolution of the conflict, and to any other
governmental entity deemed appropriate by the City Manager.
3
Nov 01 00 10:10a
James L Roberts Co Admin
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Nov 08 00 12:38p
James L Roberts Co Admin
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/FAX
I Date
11/8/00
I Number of pages including cover sheet 10
TO:
THE HONORABLE
DANNY KOlHAGE
FROM: The Office of
James L. Roberts
Monroe County Administrator
5100 College Road
Room 212. Wing II, PSB
Key West, FI. 33040
~
Phone
Fax Phone
Phone
Fax #
305-292-4441
305-292-4544
I cc:
REMARKS:
o Urgent
f8\ For your review 0 Reply ASAP
o Please Comment
.Nov 08 00 12: 38p
Jam@s L Rob@rts Co Admin
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MEMORANDUM
TO:
Commissioner Neugent
Commissioner Williams
Jim Hendrick, County Attorney
FROM:
James L. Roberts
County Administrator
DATE:
November 8, 2000
SUBJECT: Task Force Meeting With City of Marathon
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
On November 9 at 1:30 p.m. in the Marathon Library, we have a meeting with
representatives of the City of Marathon in a joint "task force" for the purpose of discussing
additional transition issues. There is no prepared agenda for this session and, at this stage, I do
not know what issues the City will wish to discuss. Since at least March of 2000, there have
been discussions in one form or another in reference to these transition issues. Many items were
agreed to in various meetings and ultimately presented to the Board of County Commissioners
and the City Council for ratification. Notable among those is the year-long agreement to utilize
the Regional Government Center in Marathon for televised City Council meetings, the
Agreement for the County to continue providing emergency medical services and some fire
services for Fiscal Year 2001, and the transfer of a variety of County-owned properties to the
City. As you are aware, the deeds to some of those properties have already been transferred to
the City. We shall have to determine whether there are other properties that the City would be
willing to take.
I asswne that much of the discussion will center around the issue of the sharing of funds.
On October 26, 2000, the County Attorney and I met with representatives of the City for the
purpose of reviewing remaining issues. One of the issues was the sharing of impact fees. Since
the BOCC had set a precedent with the Village of Islamorada, it is assumed that we shall share
impact fees with the City. In that regard, there are three categories that are appropriate to
consider:
1. Fire Impact Fees: This was already agreed to in the Interlocal Agreement
concerning EMS and fIre services. A check for $21,870 is being processed for
the City.
2. Parks Impact Fees: The City feels that $152,]77 is due from the County as
their portion of the Park Impact Fees. The County had an impact fee analysis
done and feels that the appropriate figure is $61,784. The disparity in part can
be explained by previous expenditures of impact fees within the district.
3. Roadway Impact Fees: The City indicates that $1,084,709 is due to the City
from that account. A similar analysis as above done by the Growth
Nov 08 00 12:39p
James L Roberts Co Admin
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Management Division indicates the number to be $375,608. Part of the
disparity can also be identified as expended funds within the district.
Interestingly, we had asked the COWlty Engineer in February of 2000 to do an
analysis of transportation impact fees as they pertain to the City of Marathon.
His estimate was $382,625.
In September of 2000, the Board of County Commissioners passed an Interlocal
Agreement with the City of Marathon in reference to the amount of gas taxes the City would
receive. This, in effect, ratified the action taken by the City in July of 2000. The amount agreed
upon was $273,733.38. It was also agreed that there would be a formula developed for the
distribution of gas taxes in subsequent years.
At the meeting on October 26, the representatives of the City also indicated that they are
looking for some money related to Boot Key Bridge and/or infrastructure in general. My
assumption is that they mean fund balances. The City's staff representatives also felt that the
regional park system was acceptable if the City has the ability to control activities and
programming. The City indicated a strong interest in the marina and discussed a two-year
possible transition. Attached to this memorandum arc a number of docwnents pertaining to the
sharing of funds. These are as follows:
A. Revenues and fund balances due to the City as prepared by the City. This was
discussed at a City Council meeting and I obtained a copy from a member of
the press;
B. A list of impact fees that the City feels are due to it;
C. A docwnent titled "Transition Issue Deal Points" pertaining to the
infrastructure and maintenance costs the City feels it is owed and necessary to
come to a mutual accommodation;
D. A document prepared by the Division of Growth Management summarizing
their analysis of the impact fees collected in District 2 and that portion which
is still available for the City;
E. A memorandum from the County Engineer stating that based on the
perct:lltage of work proposed within the City, a tair amount of impact fees
would be $382, 625. This is only a few thousand dollars different from the
transportation impact fee nwnber derived by the Division of Growth
Management;
F. The September 30, 1999 fund balances. September 30, 2000 fund balances
will be available with the Comprehensive Annual Financial Report prepared
by the Clerk. However, it seems appropriate to consider the 1999 numbers
since it was shortly thereafter that the City was incorporated.
2
Nov 08 00 12:39p
James L Roberts Co Admin
305-292-4544
p.4
One issue that remains outstanding is the issue of solid waste. As you know, it has heen
the County's position that all those who utilize the transfer stations should do so at a rate of $92
per ton, whether that is billed directly or deducted from the fees received from the County's
direct billing in unincorporated areas. The City has taken the position that the County has a
fudge factor within that number which contributes to reserves and hurricane cleanup costs. TIle
County's position is that hurricane cleanup costs have never been included in that number
(confinlled with Mr. Boldissar, the previous Solid Waste Management Director). In addition,
there is no excess in that $92 per ton figure and, in fact, along with raising the overall fees for the
solid waste program, which have not been raised in five years, the Administration will propose to
the County Commission in the Spring of 2001 that the $92 per ton tipping fee be raised to
somewhere between $97 and $99 per ton. The City appears to want to put a cap on the amount
that it would pay to the County annually. The Board should be aware that after one month of
operation (October 2000), the bill for the City is approximately $116,000 in tipping fees.
Discussions have continued including a meeting on November 2, 2000. County staff
offered to work out a payment schedule that would carry some of the Fiscal Year 200 I payments
into Fiscal Year 2002 so that the City could meet what apparently is their present budget. That
was rejected by the City. There were further discussions and suggestions by the City which led
to a proposal that was estimated to be about $100,000 below the $1,403,000 estimated amount
due from the City for this Fiscal Year. (If the Board would recall, the original deal not
considered was a $199,000 shortfall.)
The Marathon representatives stated that they would have to speak with Marathon
Garbage Service in reference to this. I am having our consultant analyze the numbers and he is at
least concerned that the idea of a cap on the amount could potentially hurt the County. In any
ca~e, this will probably not be resolved in time for the November 9 task force meeting.
I am sure that there is any number of issues that could arise at the meeting. Hopefully, we
will be prepared to respond to them. We will have to take recommendations to the Board of
County Commissioners. I believe that the City contingent will be similarly restricted in tenus of
approval by their City Council.
If you have any questions. please let me know.
JLR:dlf
-~~~
County Administrator
Ene.
cc: Mayor Freeman
Commissioner Harvey
Commissioner Reich
3
Nov 08 00 12:39p
James L Roberts Co Admin
305-292-4544
Revenues and Fund Balances due per Negotiations
with Monroe County
Fund Speclfic Revwnue Amount
FundlUme NuInIIw ~ Basla of Cia'"' C~ RMioMIe Expected from
the CountY
Roads 102 local Option ~ T iIJ\ County nscelved lllese cay'S share oflhe lal<8$ for $121.14<
_ InllIllhe stale after months of 0.. through June
\lie City hN incOIpalllled 8Ild 7monlM)
noI usedt""'" lor their
slBlulofy puIpO$e5 wIIhIn City
Reeds 102 Fund balance 'RewntJes _ _ coIIaded City's s"- oftl>e fund $1.657,fl5oI
wiIhin the City aild not balance 8$ of9l3Ol2llOO per
exll8ndaCt Cilfs popuIa\ion to anlino
eo;.,..ws IIIlDIJlllIiI>n
I Impact Fees . 130 Impac;t Fee coIIec:tians Impact Fee __ wtlI1I CiIy's shan! of 018 budgeted $12,8IllI
Roadway Dislricl2 and InItmla1 on thll fund colI8cIed by the County within Impact Fee coII8cliona per
balance the Cily and not \lIqleIlded ro. Clly's IlCIIlUl8Uon 10 enlire
RJaIIWay \lIlIPIl68S D1slricl's papu\8tIOn
Imped Fees - 130 FUnd b.aIanc& ~ thai were colIecIed City's shant ollie fI!ncI S1,011.811
Roadway Disltid 2 wilhin Ihe CIty and not balanI:e . 01 lII3OI2OOO per
expended City's popuIaIion to antlle
D1slricl's llOI)uIaIion
lmpac;t Fees. 131 Impac;t Fee collections rmpectFee__ Cil(s share of the budgeted $33.716
PafK$ _ ReI:. OistriCl 2 ana I_' on Ihe fund collected by the County within Impact Fee cllllilctlans per
balance the CIty and not tlljltlOOdlld ro. cays IJqlUlation 10 entire
pall< and I'IlC. purposes DiSlritfs population
Impact F_ - 131 Fund balance RlMlI1U8S thai were colIecled City's shant of tile fund . , $118,461
p"",,, _ Ret:. Dlsb1cl 2 within Ihe Cfty and not IlaIance 8$ of 9130l200O per
expended Ciy's pclIlUMIion to entire
DlslJlct's DClOuIaIion
Impact fees - 135 Impact Fee Clllledlons Impact Fee IlI'iIInUlI$ _ City.. share of the budgeted $3.64!
F'IAIIEMS Dio;blct 2 and _ on the fund coIleo:Ied by tho County within Impact Fee ~ per.
balance the ClIy and not .."ended for City's populatkm to entlre
lInoIems puIJIOSeS O_a ilaIwlAIion
Impact Fees - 135 Fund batante Revenues 1Mt...... collectlId Cly's shant oflhe fund $18,22!
FIrelEMS DIaIricI 2 within the CIIy and not __ as 019I3012OOO per
expended CltYs JXIlIUl8tion ro ei\tiIe
Olslricrs n.........llnn
--... Fire and 141 Fund balance Revenu8& lhat _ CIlIlscIed City's shanI ollhe VId $473.461
Ambulance within the City and not balance as of 9/30l200O per
Oisllict 1 expended Cily's laltabIe ...rue to entire
Oislricl's luabIe value .
~. 147 Ad-valotem lax Ad'-vafonlm taxes wee cars talClIble. valOe times thB $244,81
PatI<&&8nchel conecttons colec1ed from propeItles wilI1itl mllIqe rale
the CIly and no aeMces were
rendered
IJnincorponlled 147 Fund balance Revenues that _ QJIIectlld Clly', st>am 01 Ihe fund S134.07t
Par1ca&BeacIle! wilhin thB City and noI balance 8$ 01 9I30/200O per
upended City's _ value 10 entire
Dis\nct's IlnaIlle value
MSTD.PIngI 148 Revenues Rewnues __ collected Dec. Iv Sept dllrIYaIion per $134,16.
IlIdgI Code! Fin> wilhin th\l City and no seMce& lIIlticlpaleclmvunue_ for
Marshal ptOVided aftDr Dec. 1, 1999 this dept. per MonIoe County
studv
MSTO . PIng/ 148 Fund balance Revenues tI1a1_ collected Clty's ......... of the fuIId $812,6(1(
~.1 CodeI Fin> wiIIlIn the CIIy and nlll baIIwa as ol9l3ll/2OO0 per
M8I&haII expended Cily's taxable value to entire
Dlsll1cC's laQble value
Penny 304 Inflaslructure SUItall COlJIIty rwceived these Cily's share of the Iaxes for $691,15<
Intrastl1lCluAt llMIRUea from the stalll aller monlhs 01 Dec. lIlrough JUlIe
SaIe& Tax Ihe CIIy hall iocoIporated and (7 months) perCitys
not used them for lhelr population 10 tile antin>
wilhin City !~s~
Penny 304 Fund baIIIooe Re_ thai were coltected Cfty's sh8N of the fund $2.484,39lI
Inftasbuclum wltI1in !he CIly and nlll balance lI$ ollll3Ol2OO0 per
Sales Tax expended Cily's popuIaIlon 10 enIite
COlIfI1y's population
SoIIcI Waste 414 Rlllalned-Eamings as of SuIplus funds collected from City', WI9 01 tile umesenred $1,153,911<
- Seplember 30. 1999 the residents I8lained -..lngs and
Municipal contributed capital per Ciy's
Service Dl&IrIcI popuIlItionlotheenlire
[Cc;umy's popu\8lIon
Total S10.433,1n
'Fire Rescue shale of $473,468
'EMS share or $413,_
Total
('V\ c.\ Q. ~"" 0 to.J
1:) Oc::,U "" fl'tti't
~ $197,199
. $216.267
. $473,486
p.5
A
Nov 08 00 12:39p
James L Roberts Co Admin
305-292-4544
IMPACT FEES
Impact Fees Due City Of Marathon From Monroe County
Roadway Impact Fees
$1,084,709.00
Parks Impact Fees
$ 152,177.00
*Fire Impact Fees
$ 21,870.00
Total
$ 1,258,756.00
*The City and County have already agreed to the transfer of Fire Impact Fees
but the City has not yet received these funds to date.
M.4R.Cr\~O~
~DCf..& ~e'~
p.6
~
Nov 08 00 12:40p
James L Roberts Co Admin
305-292-4544
p.?
c...
Transition Issue Deal Points
Roadway
Traffic and Safety Control
Bike Paths
Boot Key Bridge
Other Bridges
Traffic Signals
Senior Citizen's Center (33rd Street)
Teen Center (33rd Street)
Jaycees Building (33rd Street)
Switlik School Building (33rd Street)
Old Fire Station #1 (US1)
Yacht Club (33rd Street)
Fire Station #2 (US1)
Acreage at Crawl Key ( Centrat Sewer)
Coco Plum Park
$ 4.183.493.75
$ 1.492.265.63
$ 21,000.00
$ 4.236,250.00
$ 502,500.00
$ 2.937.500.00
$ 15.000.00
$ 17 .500.00
$ 64.375.00
$ 20.000.00
$ 2.500.000.00
$ 21.250.00
$ 2.500.000.00
Total Estimated Finacial Partnership
$18,511,134.38
The previous financial conditions applied to the City's acceptance of all the County
~ned parks and beaches have been removed.
.. Received from Monroe County via quitdaim deed as of date. Documents related to these properties
have not yet been received but are required by the City. These shall include, but not limited to. pennits
obtained, surveys. drawin9s. turtle nesting management plan (for Sombrero Beach). and any other
documents for these and future properties to be transferred.
.Sobrero Beach Park
*33rd Street Boat Ramp and Restrooms
(Still need keys for restrooms)
· Jesse Hobbs Park
.Park at the juncture of Calle Ensenada and Bulevar de Palms
.Aviation Boulevard Boulevard boat ramp
MA~"'O~
t::> D c. '-Co "" ~l\J ,
Nov 08 00 12:40p
NOV-C7-00 TUE
Jam@s L Rob@rts Co Admin
15:58 GR0WTH MGT. D1V.
305-292-4544
p.8
305 289 2854
P.02
County of Monroe
D
y!'Qwlb MIlMse.1lellt Divl~
2798 Overseas HiI\I.way
Suile 410
MlI.athon. Florid4 330~O
Voice: (305) 289 2S00
"AX: (305) 289 2536
1&l!UX~~t~'!i.'llig~
Mayor Shilley FI'CCllllll\. IJht ,
Mayoll'ro Ten', George Ne\'gClll, Oi,1. 2
C01n1lliU.Ol\er Wilhelmina Ihr\lcy. lli~1
CO\lllnissiclllcr MillY Kay Reich. Oisl. 5
(:ofN"is~loncr No,... Williams, 1);st "
MEMORANDUM
DATE:
James L Roberts, County Administrator
Timothy J. McGarry, Director of Growth Managementl41
October 31,2000
TO:
FROM:
SUBJECT:
Estimated Parks and Roads Impact fees for Marathon
fhe Building Department staff did a computer run of parks and roads impact fees generated by
permits issued between December 1, 1993 and November 30, 1999 within District 2. (DIstrict 2
generally includes everylhil19 between MM 41 (Seven Mile Bridge) and MM 70 Fiesta Key.) The
following are the estimated impact fees generated within District 2 and the corporate limits of
Marathon based on the results of that run:
Total for District 2:
Parks
Roads
$197.898
$571,011
Marathon Only
Parks
Roads
$ 61.784
$375.608
"should be noted that County financial records (Comprehensive Annual Financial Reports) reveal
that during Chis period (1996 and 1997), the County expended $149,961 in impact fees on Jesse
Hobbs Park, which is located within the corporate limits of Marathon.
During this same period. $386.499 were expended in impact fees for road improvements within
District 2. The financial records do not identify specifiC projects for which the fees were expended.
ShOllld you need any explanation or furtner informatiOn. please call me.
C;\OOCUMENTIRoberts\reportimpaclfees.dOC
-
.Nov 08 00 12: 40p
James L Roberts Co Admin
305-292-4544
p.9
G
MEMORANDUM
TO:
Dent Pierce, Director
Public Works Division
FROM:
David S. Koppel ~~lU
County Engineer O~
DATE:
February 23, 2000
..-
RE: Transportation Impact Fees
District 2
The amount of available transportation impact fees in District 2 is $\, J 86,370. However,
this is only a portion of money needed to complete the work programmed in the 7 Yr
Plan which was approved by the BOCC on 8-12-98. The amount needed to fund eligible
projects is $2,361,985.
To determine the fair amount of transportation impact fees which can be transferred to
the City of Marathon, we are proposing the following. Determine the value of scheduled
eligible projects within the limits ofincorporatiou and the value ofpt'ojects outside the
limits, or in the unincorporated area of District 2. Calculate the percentage of work in
each of the two areas and then apply that percentage to the total amount of available
transportation impact fees in District 2. Based on this methodology, we have concluded
that the fair amount of impact fees for Marathon is $382,625.
DSK/jl
TransI mpactFccsDPE. DOC
.No\! 08 00 12: 41 p
James L Roberts Co Admin
305-292-4544
September 30,1999 Fund Balances
FUnd Fund
Number Name
102 Road and Bridge
130 Impact Fees- Roadways
131 Impact Fees Parks and Rec.
135 Impact Fees Fire and EMS
141 Fire and Ambulance Dist 1
147 Uninc Parks and Rec.
148 Uninc Planning, Bldg., Zoning
304 One Cent Infrastructure Surtax
414 Municipal Service Waste District
Total Fund Balance in the above funds
Office of Managment & Budget
Revenue Source
9/30/99 Fund Balance
9130/99 Fund Balance
9/30/99 Fund Balance
9/30/99 Fund Balance
9/30/99 Fund Balance
9130199 Fund Balance
9/30199 Fund Balance
9/30/99 Fund Balance
9130/99 Unreserved Retained Earnings
Amount
$13,704,673
$6,943,910
$733,656
$200,238
$1.696.882
$829,436
$5.925,658
$28,619,508
$4,544,170
$63.200.131
10/2512000
p.l0
F
..