Item Q5
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
January 15, 2003
Division
County Attorney
AGENDA ITEM WORDING
Discussion of request by Islamorada. Village of Islands to rejoin the Upper Keys Health Care Taxing
District.
ITEM BACKGROUND
PREVIOUS RELEVANT BOCC ACTION
CONTRACT/AGREEMENTCHANGES
N/A
STAFF RECOMMENDATIONS
TOTAL COST
COST TO COUNTY
BUDGETED Yes
SOURCE OF FUNDS
No
APPROVED BY:
County Attorney - OMS/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVA~. :~
HN R. LUNS
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
q0-
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
A"ORNEYS AT LAW
MITCHELL A. DIEIIMAN
N/lU\ L. BOHISJ\~
JAMIE AlAN COLC
~DW"RD G. GU~DtS
STEPHEN J. HELfMAN
GILBERTO ""$TORI:zA
JOS!:PH H. SEROTA
NANCY t. $TROUD
I\ICHAFlD JAY Wl:llo"
DAVID M. WOLPUl/
Sn:V~N W. :ttLKOWJU
~IAMI.DADE O""'c[
2665 SOUTH BAYSIiORt: ORIV~
SUITE 420
MIAMI, FLORIDA 33133
CHRISTOPHEJI f', KURTZ
HARRIET R. LrWIS.
I'ETEJt A. LICHTMAN
MREN L1I:SERMAN'
M"TTHCW H. I4AHOI:L
Sf:RHAIlO $. MANDLER'
MICHAeL J. MAIlRERO
ALDCA/IoIDI;R L. PALENZUELA-MAURI
MICHAEL S. POPOK'
A1WtHONY L RECIO
GARY I. R&:SNICK'
/lIARK A. ROTHENBERG
SCOTT A. IIOBIN
DANA J. SCHINOI.ER
CAlL D. SEROTA.
AIlI C. SHAPIRO
J&:f'f'IIEY P. SHf:fn:L
MIA M. SINGH
JOSE S. 'TAU\.VE/lA
SUSAN L. TREVARTHf;N
THONAS J. ANSSI\O'
LILLIAN ARANGD DE U HOZ'
ALISON S. BIELER
MITCHI:LL J. IiIURNSTEIN
EV.fNIi: M. COHtN
STEPHANIE PEUTSCIl.
DOUGLAS R. OON2ALES
JOHN R. Hf;RIN, JR.
TELEPHONE (305) 854-0800
TELECOPIER (305) 854'2323
WWW.WSH...UL.AW.COJol
BRoW"RD OI'I'"ICI:
310,. STIRLING ROAD. SUITE 300
rORT LAUbERDALl:, I'"LORID" 33312
'TELEPHO"'E (984) 763-424Z . TELl:COPIEIl (954) 764-7770
'01" COUNseL
December 30, 2002
VIA FASClMlI..E
Robert Wolfe, Esquire
Monroe County Attorney's Office
P,O. Box 1026
Key West, FI.. 33041-1026
Re: Issues regal'ding the inclusion of JslalDorada, Village of Islands (the
"VilJagc'') in the Upper Keys Health Car-c Taxing District (the
"District")
Dear Mr. Wolfe:
As you are aware, tbe Village wiU be holding a public hearing to consider the
adoption of an Ordinance to opt back into the District (the "Ordinance"). The public
hearing is scbeduled for January 9, 2003. At first reading, the Council voted to pass the
Ordinance to second reading with several amendments.
Prior to first reading of the Ordinance, we provided you with a draft. for your
review, as well as a Memo to the Village Council on the same subject. You advjsed us at
the time that you had no legal issues with the Ordinance, and that the District was within
the bounds of Chapter 2, Article V of the County Code.) However. you did advise that
in order for the governing body to change, Ordinance No. 050-1997, pertaining to the
District, must be .nmendcd. You also advised that the Monroe County Board of County
Commissioners (the "HOec'') had previou.l)!y cccated municipal service taxing units with
governing boards that included municipal officials, as well as members of the HOec.
I I Chapter 2, Article V includes Sections 2~2Jj tly'ough 2-257, pertaining to municipal service loxing
units, generally.
Robert Wolfe, Esquire
December 30, 2002
Page Two
I have enclOSed a redlined version of the Ordinance, as it will appear at next
week's Village Council meeting. The agenda for the meeting will bc finalized this
Thursday. Accordingly, please review the Ordinance and lct us know if you anticipate
any issues at the County level.
Very Truly Yours)
MJM/ajj
enclosure
436.001
cc: Nina Doniske) Esq., Village Attorney, (without enclosure)
Charles Baldwin. Village Manager, (without enclosure)
~~-
~?"~~,.
Michael J. Marrero
Village Attorney
WEISS SEROTA HELEMAN
PASTORIZA & G'UED:ES, EA.
ORDINANCE NO.
AN ORDINANCE OF JSLAMORADA, VILLAGE OF
ISLANDS, FLORIDA, CONSENTlNG TO THE
INCLUSION OF THE INCORPORATED AREA OF
ISLAMORADA, VILLAGE OF ISLANDS, IN THE UPPER
KEYS HEALTH CARE TAXING DISTRIC'l'; LIMITING
THE TERMs OF CONSENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statute 125.01(1)(q) grants counties the power to establish taxing
or benefit units to provide municipal services from funds derived from !ervice charges, special
assessments or taxes within such units; and
WHEREAS, on January 19, ]988, the Monroe County (the "County") Board of
County Commissioners ("BOCC") establisbed the Upper Keys Health Care Taxing District
(the "District>>) to provide a IreanS of increasing facility upgrading within the District and to
assure aecessibility and transport to areas outside of the County when proper care is Dot
available locally; and
WHEREAS, the County levied ad valorem taxes in the District from 1988 until 19J7,
when the passage of County Ordinance 050-1997 terminated the District's taxing power; and
WHEREAS, the area now known as the incorporated lslamorada, Village of Islands
(the "Village") was included in the District at the time of the District's establilhment; and
WHEREAS, the Vil1age became an incorporated municipality in 1997 and effectively
was removed from the District by operation of law; and
WHEREAS, the Village Council finds inclusion of the Village in the District is in the
best interest of the residents of the Vmage,
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS:
~ection 1. Consent.
The Village Council of IslamOrada, Village of Islands, hereby consents to the inclusion of
all of the inooqx,rated area of the Village within the UpPer Keys Health Care Taxing District
established pursuant to Monroe County Ordinance 031-1988, as amended by Ordinance No. 050-
1997. Such consent shall become effective immediately upon adoption of this Ordinance.
Provided, however. such consent shan be subject to the limitations specified in Section 2.
Section 2.
Limitations to Consent.
(a)
The coment shall expire - !lm...(-l@) ycaq from the effective date of 1l1Js I
Ordinance.
(b)
The consent shall be subject to the Monroe County Board of Commissioners not
31llhorizing the levy of a tax for the ~ Keys IIealth C..... TaJUug District, I
unless such tax is first approved by a voter referendum.
(c) The COnsent shall automatically terminate with no further notice <r action required
by !.he Vi11age COuncil should the Board of County Commissioners levy a tax for
the Ypper. Keys Health Care l'a";,,g District lhat violalos the provisions of Section j
2(b).
d The consent shall not become effective until:
J - an intcrlocal a2Teement is executed between f}le ViUa.g-e. Monroe
COlIDty and the Distric..r. as authorized in SecLiQJl 2-24-S.. Monroe
2
County Code and Section 163.01. Florida Statutes. which will
~necifv that:
8. the VilJagD would maintain operational control over the Village's
emetl~encv medical selVices. fire rescue and trauma care: and
b. the ViUap:e shall not be liable for any third partY. 3m-eemcnts.
contracts or any other actions or obJigationll entered into by th~
District prior to the inclusion of the Village in th~ DislrilCt
boundaries.
2. the BOCC amends Monroe County Ordinan.ce No. 05~1997 to
reflect that the Village Council is lrivcn the am:boritv to aplloint. by
resolutiOn. two (2) of its own members from the ViJJa2e Council to
sir on the governing board of the District along with three (3) ColillJy
~i,c;sioners. as described in Section 2-23&<~). Mo~oe Co.~~
Code: anQ
Lthc Hacc amends Monroe CouIJty Ordinance No. 059-1997 tQ
reflect that the Villal!e Council is l!iven the authority to tfupoint th~~
(3) members to the UPDer Kevs Health Car~ Taxin~ Disflict
Advisory Board.
Section 3. Severabllitv.
The provisions of this Ordinance are declared to be severable and if any section, sentence,
clause or phrase of this Ordinance shall for any rea.ctOn be held to be invaljd or unconstitutional,
3
such decision slran oot affect lire validity of lb. remainlng sections, sentences, clauses, and
J>hrases of Ibis Ordinaoce !rut Ihey sbaII remain in effi:ct, It being lire legislative iolaJt Ibat tIri.s
Ordinance shall stand notwithstanding the invalidity of any pan.
S~tion 4. inclusion in the Code.
It is the intention of the ViIJage COlUlciJ, and it is hereby ordained that the provisions of
tIri.s 0nIinance sIraIllrc:come and made a part of lire Islamorada, VUlage of Islands, Florida Cod.
of Onlinsnces; lIrat lire se<:tions of tIri.s 0Idinance may be renumbered or reletteIed to accomplislr
sucIr intentions; and IIrat lb. won! 'Ordinance' sIraII be changed to 'Section' or Olher appropriate
word.
Section 5. Effective Date.
This Ordinance shall be effective upon adoption on second reading.
The foregOing Ordinance was offered by Councilmember
who nwved for its adoption on fust reading. The motion was seconded by CouncUDlOIUber
, and upon being put to a vote, the Vote was as follows:
Mayor Mark H. Gregg
Couneilmember Michael Forster
CounCilmernber George Geisler
Councilmember Robert Johnson
Councilmembcr Chris Sante
PASSED On first reading this _ day of
, 2002.
4
. . .
The foregOing Ordinance was offered by Councilmcmber
who moved for its adoption on second reading. Thc motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Mayor Mark H. Gregg
Council member Michael Forster
Council member Georgc Geislcr
Councilmember Robert Johnson
Councilmember Chris Sante
PASSED AND ADOPTED on second reading this day of
----
, 2om2!.
'^
MARK H. GREGG, MA. YOR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
5
01/14/2003 15:54
305-367-3118
CONCH REPUBLIC WOODW
PAGE 01
Re: BOCC Agenda ItemQ5 - /./..5'-03
Dear Commissioner:
I have read the ordinance submitted to you by Islamorada and as someone who has been
active in the Upper Keys Health Care Taxing District (UKHClD) since it's inception, I
would like to share a few thoughts with you as a resident, a voter, a Monroe County
Emergency Medical Services retiree and a taxpayer---u! as a member oCthe UKHClD
Advisory Board--re: this subject.
(I) The Trauma District (UKHCm) and it's Advisory Board were created by Monroe
County ordinance #008-1988. The Trauma Board, as it it known localiy, is a non-
political body made up oCresidents oCthe Trauma District-Layton to the County line---
who are charged with providing l)oversight oftbis District and 2) recommendatioDll to
the BOCC. Since taxes have not been conected in this taxing district ror IIIIIJ1Y years, the
budgetary and procedural matters are much narrower in scope than in past years. In fact,
with no monies being added to the Trauma Fund, the UKHCTD will cease to exist, later
if not sooner, unless another refurendum is deemed necessary.
(2) If Monroe County, in it's financial negotiations with Islamorada, had reaIized that the
Trauma District had always considered the Village part of the District (per Mr. Hendricks
and per the Village accepting a new ambulance and also accepting patient transport and
care via the Trauma agreements) they might not have agm=d to pay the Village S440,OOO
from the Trauma fund. In fact, when made aware of this situation, the BOCC did use a
fund other than the Trauma fund fur this purpose.
(3) The Islamorada ordinance itself needs much clarification, ie:
a. 2 Islamorada councilpersons on a governing board that does not exist.
b. Not LIABLE fur 3rd party agreement~xplain 'Iiable'in this context.
c. 3 members on a 7 member board-board, at present, has ~ residents ofIsla.
d. If#'s 1&3 were enacted, what pw:pose would be served? The ordinance would
have to be rewritten, public hearings, etc. and what would be gained? Control of
a taxing district that no longer collects taxes?? Control of a taxing district that is
slowly diminishing?? Control oCa budget that spends money in only two areas--
administration and patient care??---not exactly rocket science...AIso, keep in
mind that there is another city-LA YTON-in the UKHCTD.
(4) It would appear that Isla. is drawing a parallel with the Mid-Lower Keys Fire and
Ambulance Board of Governors. The huge difference is that they approve tax rates fur
that district and the UKHCTD docs not tax at all.
(5) With this ordinance, Isla. seems to be attempting to gain excessive leverage in what
has been, and should remain, a non-political area. However, there is still 2. 7 million
dollars in the Trauma Fund
Thank you fur allowing me to express my thoughts on this matter~
~c