Resolution 291-1998
Board of County Commissioners
RESOLUTION NO.
291
-1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA RESPONDING TO THE CITY OF KEY WEST'S PETITION TO
COMPLY WITH SECTION 125.01(6}(a}, FLORIDA STATUTES, REGARDING THE
SHERIFF'S DEPARTMENT BUDGET AND BUILDING AND PLANNING
DEPARTMENT BUDGETS AND USE OF CITY AD VALOREM REVENUES IN
UNINCORPORATED MONROE COUNTY
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WHEREAS, the City Commission has passed a Resolution No. 98-186; and ~~3= ? g
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WHEREAS, said Resolution petitions the County to comply with "all as@~::Of !ectfi,
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125.01(6)(a), Florida Statutes, with respect to the Sheriff's Department budget and~aiJilc& ~
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planning department budgets, and generally with respect to its use of City ad valor~ t~ r~nlJa
in the unincorporated area, and to respond timely to the City pursuant to Section 125.01 (6)(b),
Florida Statutes." ; and
WHEREAS, Section 125.01 (6)(a), Florida Statutes requires a petitioning municipality to
identify "a service or program rendered specifically for the benefit of ... unincorporated areas", and
the only such services or programs so identified are those of the Sheriff's Department and building
and zoning; and
WHEREAS, the County has obtained factual information from the Sheriff's Department and
the Building and Planning Department; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1.
The County makes the following findings of fact:
(a) The Sheriff's Department provides real and substantial benefits to residents and
properties County-wide, including the incorporated areas, as more specifically identified in the June
12, 1998, letter of Sheriff Richard D. Roth, incorporated herein by reference and attached hereto
as Exhibit A; and
(b) The Growth Management Department of Monroe County, responsible for building
and planning, provides real and substantial benefits to residents and properties County-wide,
including the incorporated areas, as more specifically identified in the document entitled "County
Services Provided at No Cost to Incorporated Areas," incorporated herein by reference and
attached hereto as Exhibit B; and
Section 2.
Upon the above-stated findings of fact, the petition of the City of Key West
through its Resolution No. 98-186 is rejected. However, the Board of County Commissioners is
presently engaged in a cost allocation study and preparation of a budget for FY1998-99, in the
process of which the policy issues expressed in Resolution No. 98-186 will be carefully considered.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 8th day of July, 1998.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By ~. . t. ~..J "IV I-~. - ....~
Mayor/Chairman
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RICHARD D. ROTH. SHERIFF OF MONROE COUNTY
5525 COLLEGE ROAD. KEY WEST, FLORIDA 33040
(305) 296-2424 . FAX (305) 292-7070 . 1-800-27~COPS
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June 12, 1998
Attorney Jim Hendrick
Monroe County Government Annex
5100 College Road, Room 212
Key West, Fl 33040
Ref: Key West Commission Resolution on Taxation
Dear Mr. Hendrick:
I am in receipt of your letter of May 7th 1998, whereas you indicate that the Key West City
Commission has adopted a Resolution identifying the budget of the Sheriff's Office as well as the
Building and Planning Department as exclusively benefiting the residents or property in the
unincorporated areas of the County. In this respect, you advise that the County is required to file
a response to the City's petition whereas they either accept or reject the petition. Further you
advise that if the County rejects the petition then a .statement of fact" demonstrating that these
services don't specifically benefit the property or residents of the unincorporated areas must be
made.
To assist you in developing this .statement of fact" I asked my staff to update previous research
they had already conducted in this area (see my July 31, 1997 letter to Mayor Keith Douglas on
the matter). In the paragraphs that follow, I will outline their findings in the financial, service, and
legal area.
From a financial aspect, the taxable property value in the City of Key West, including the annexed
portion of Stock Island, in FY97 was appraised at $2,152,498,094. Based on the current F&F
millage rate of 3.94, city residents were assessed $8,480,842. for the operation of the county's
criminal justice system. Based on our estimate, city residents in FY97, received a total of
$8,628,643. worth of service from the criminal justice system as follows: (see tables for detail)
I PersqnnelQd~t .
Divisions Officers Unit Cost Total
law Enforcement 6 $66.090 $396.540
Court Security 11 $40.353 $443.883
Beach Security 2 $30.606 $61.212
School Crossina 15 $13.206 $198.090
Total 34 $1.099 725
EXHJBIT A
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20950 Ovc:r.e.. Hwy.~ (:udloe,K,ei,O: flor:lcla~3042
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Marathon Station ., ..... ,...'. ". .... ....;:~~i8iladc. ., . 1
3103 OverJea~lIw)'".~....~!iQ.g~F,Jodc:l.~~.~.,i;c:l[umOii~.linJ.Ta~en.I"~._Fl~rida33070
(305) 289.2430 FAX (305f2lJ9:;"2'497"""""'-"',c"~'~""'(~"''.;'ii~'WT'lY''''ni(\''ii",,'.:~Hn~c> c.. 'c.
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Created Workload
Cit 's Share of Cost
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$130310820
$793,533 Jail
Cost
40% of all Inmates
40% of all Inmates
$5 212 432
$317,413
I Capital
Annual Bond Payment on Jail City's Use of Facility City's Share of Cost
Paid By County Residents
$4 997 682 40% $1.999 073
I Total
Cateaories of Service Cost of Service Rendered Taxes Paid by City Residents
Personnel Cost for City $1.099 725
Operatino Cost for City $5212432
Jail Maintenance Cost for City $317 413
Capital Cost for City $1.999 073
Total $8 628 643 $8 480.842
These tables take into consideration the number of agency personnel assigned on a permanent
basis to provide routine security and law enforcement services within the boundaries of the City.
Further, this analysis factors in:
1. 40% of the amual cost for operating the main jail, because 40% of those incarcerated were
arrested by and are being held for the City.
2. 40% of the annual bond payment for the main jail, because 40% of those incarcerated were
arrested by and are being held for the City (taxpayers in the unincorporated part of the county
pay 100% of this cost).
3. 40% of the annual cost for maintenance at the main jail, because 40% of those incarcerated
were arrested by and are being held for the City.
In the end, when these tables are analyzed from a workload and equity standpoint it is clear that
overall the citizens of Key West are getting service from the County equal to, if not greater than,
what they are paying for. In fact, at a macro level these figures seem to indicate that in FY98, the
residents of the City are actually receiving $147,801 more in services than they actually paid for.
From a service standpoint, research shows that my agency provides services to the citizens of
Key West by way of staffing the county beach and the 13 school crossing zones with security
officers throughout the year. Also we have entered into an agreement with the City whereby we
respond to all calls for law enforcement service on that portion of Stock Island the City annexed
several years -ago. This area, also known as College Road, consists of commercial property;
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government and educational facilities; the local hospital and senior citizen center; as well as a
brand new 220 home residential community on the public golf course. During calendar year 1997
the Sheriff's Office supplied the following services in Key West and the surrounding area:
Area Service Calls Arrests Citations Field Cards
Key West 91 250 460 101
Stock Island CIne) 2213 1363 289 88
Stock Island (Un) 4301 257 452 1216
Kev West Area 6605 1870 1201 1405
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While I could have just given you service figures for the actions taken on Key West and the
incorporated side of Stock Island alone, I contend that service provided in the unincorporated
area of Stock Island also benefits the taxpayers of Key West and should be taken into account
when determining the amount of service rendered in a given area.
In addition to the above mentioned services, my agency provides additional services to City
residents in the following ways:
· We routinely respond as emergency back up for City officers.
· We administer the City's E-911 program (PSAP maintained in MCSO COM Center).
· We administer HIDTA grants for the City.
· We administer and support the digital mug shot system for the City.
· We administer Crime Stoppers program for the City.
· We process, store and track property and evidence for the City ( Firearms, etc.,)
· We provide K-9's, Bomb Technicians, Crimes Scene Services, SWAT Team, Dive Team,
Hostage Negotiators, Polygraphs, Bike Patrol, Environmental Services, Etc.
· We provide Criminal Justice Computer Services.
· We serve all civil process in the City.
· We assist City officers in the execution of all arrest warrants.
· We conduct traffic accident investigations and provide beefed up enforcement of traffic laws.
· We assist the City in complex drug and vice investigations.
· We support City youth services (i.e.: Bike Rodeo, Police Athletic league, City Fair, Explorers,
and the Teen Center).
· We supply supplemental forces for special events (Fantasy Feast, Spring Break, Boat Races,
Parades Escorts, and other major events such as hurricane evacuations).
· We provide academy and in-service law enforcement training for City officers at no additional
cost to the City.
Finally, from a legal standpoint, review of Section 125.01(7) of Florida law shows that it does
prohibit counties from using countywide revenue sources to fund services providing no real or
substantial benefit to municipal taxpayers. However, the Supreme Court of Florida ruled in the
landmark case of Palm Beach County v. Town of Palm Beach in 1983 that the type of services,
mentioned above, supplied by the Monroe County Sheriffs Office to the citizens of Key West are
of real and substantial benefit. Therefore, no violation of Florida law is occurring and from a
moral and ethical standpoint the county's position in this matter is very sound.
Hopefully, this information will benefit you and your staff. If you have questions or comments
regarding this correspondence please contact me directly at 292-7090.
Sifi?.J Ai ~
Richard D. Roth
Sheriff of Monroe County
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Attachment
1. Letter to Mayor Keith Douglas, dated July 31, 1997
Cc: Director Jan Schuffman, Planning & Research Division
General Counsel Mark Willis, Office of Legal Review
Mr. John Carter, Monroe County Budget Director
Mr. Jimmy Hendrick, County Attorney
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COUNTY SERVICES PROVIDED AT NO COST
TO INCORPORATED AREAS
· ROGO regulates limits and rate of growth to enable all citizens to safely
evacuate during a hurricane warning
· Long and short range a-ansportation planning, induding concurrency
management system, to establish and maintain Level of Service (LOS) IIC" as
acceptable (regulates growth and therefore provides safe travel for tourists and
citizens). Funded partially by grants for Annual TravelTIme & Delay Studies
for US 1, which Is the sole arterial for movement of people and goods through
the Keys
· Comprehensive planning and permit review for air transponadon facilities
· Comprehensive planning and development of County parks, i.e.:
KEY WEST:
Higgs Beach
Astro Park
lighthouse Museum
Martello Towers (East & West)
ISLAMORADA:
Anne's Beach
Library & Park
Hurricane Monument
· Analysis, submittal and management of all ISTEA grants for funding bike paths
and other eligible projects, such as historic preservation (e.g., Customs House
renovation)
· Planning & pennitting of majority of wireless communications towers needed to
provide radio & cellular phone services that serve or directly link incorporated
areas with the remainder of the County and the world
· Outdoor adverdsing for Key West and IsJamorada businesses (County did not
sunset billboards)
· StructUral analys[s, planning, permitting & Inspections of CES utilities
· Capital facilities planning & monitoring, including LOS, roads, water, and
comprehensive planning for libraries
· Collection and distribution of impact fees for libraries and Sheriff
EXHIBlT B
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· Comprehensive and redevelopment planning (Stock Island) and development
permitting for suburban areas serving the City of Key West, including affordable
housing and wholesale discrlbution/industrialactiyities that directly serve Key
West
· Mass transit plannIng for major trip-generating hubs, i.e. Key West and
Islamorada
· Review of InfrastruCtUre & capital facilities for Sheriff
· Channel marking plan for waters around all Florida Keys
. Artificial reef program for waters around Keys
. Speaking engagementS by. DIanne Bair, FEMA Senior Administrator
(Community Outreach Program, etc.)
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