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Item N6BOARD OF COUNTY COMMISSIONERS C ounty of M onroe A(I Mayor George Neugent, District 2 T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4 l Danny L. Kolhage, District I „ Y „; ° W Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting August 16, 2017 Agenda Item Number: N.6 Agenda Item Summary #3261 BULK ITEM: No DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Christina Brickell (305) 292 -4466 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A Public Hearing to consider approval of a resolution for a Budget Amendment of Fiscal Year 2017 Upper Keys Health Care Taxing District Fund 144 to close the fund and distribute all residual balances in accordance with Ordinance No. 031 -2016. ITEM BACKGROUND: At last month's BOCC meeting, the Board approved to advertise a public hearing for a budget amendment for the Upper Keys Health Care Taxing District, Fund 144. In accordance with F.S. 129.06 the public hearing will be advertised at least two days, but no more than 5 days, before the date of the public hearing in the newspaper of paid general circulation. In December 2016, the BOCC approved Ordinance 031 -2016, dissolving the Upper Keys Health Care Taxing District (Trauma District). The ordinance calls for funds remaining for the District to be distributed to three entities. The adopted FY 2017 budget needs to be amended in order to dissolve the fund. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved Ordinance 031 -2016 on December 14 2016. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Budget Amendment Resolution Fund 144 Ordinance 031 -2016 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Tina Boan Christine Limbert Maria Slavik Kathy Peters Board of County Commissioners Completed 08/01/2017 2:27 PM Completed 08/01/2017 4:14 PM Skipped 08/01/2017 2:23 PM Completed 08/01/2017 8:01 PM Pending 08/16/2017 9:00 AM Resolution No. -2017 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary to conduct a public hearing as required by section 129.06, Florida Statutes, to amend the following: Upper Keys Health Care Taxing District Fund 144, for the fiscal year beginning October 1, 2016 and ending September 30, 2017, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that a Public Hearing was conducted on August 16, 2017 at 3:00 P.M. to amend Upper Keys Health Care Taxing District Fund 144 budget and to adopt the amended budgets as follows: Total $303,164.00 $0.00 Inc./(Dec.) Upper Keys Health Care Taxing District Current Revenues: $1,000.00 $4,000.00 Budget 144 361005GI $387,869.73 Interest Earnings $3,000.00 144 389001 $552,813.00 Less 5% ($150.00) 144 389008 $855,977.00 Fund Balance Forward -T &T $150,739.00 144 389009 Fund Balance Forward -Pre Hospital $52,137.00 144 389010 Fund Balance Forward- Upgrade Fac $97,438.00 Total $303,164.00 Appropriations: 144 68501 510* Trauma DistrictAdmin $12,297.00 144 68501 530* Trauma DistrictAdmin $3,984.00 144 68501 530340 Trauma DistrictAdmin $0.00 144 68502 530340 Trauma Transport & Treatment $200,000.00 144 68503 530340 Trauma Pre- Transportation $2,000.00 144 68504 530340 Trauma Facility Upgrade $100.00 144 85522 590990 Reserves 144 $29,000.00 144 85522 590991 Reserves 144 $37,142.00 144 86515 590910 Budget Transfers 001 $18,641.00 Total $303,164.00 $0.00 Inc./(Dec.) Revised ($2,150.00) Budget $1,000.00 $4,000.00 ($50.00) ($200.00) $237,130.73 $387,869.73 $105,007.57 $157,144.57 $209,724.70 $307,162.70 $552,813.00 $855,977.00 ($4,091.00) $8,206.00 ($2,150.00) $1,834.00 $845,937.00 $845,937.00 ($200,000.00) $0.00 ($2,000.00) $0.00 ($100.00) $0.00 ($29,000.00) $0.00 ($37,142.00) $0.00 ($18,641.00) $0.00 $552,813.00 $855,977.00 $0.00 $0.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at aregular meeting of the Board on the 16th day of August, AD 2017. Mayor Neugent Mayor Pro Tem Rice Commissioner Kolhage Commissioner Carruthers Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: (Seal) Attest: KEVIN MADOK, Clerk ORDINANCE NO. 031 -2016 AN ORDINANCE OF MONROE COUNTY, FLORIDA, ABOLISHING THE UPPER KEYS HEALTH CARE TAXING DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County ( "BOCC "), Florida, is authorized by Article VIII of the Florida Constitution and Chapter 125, Florida Statutes, to adopt ordinances not inconsistent with general law; and WHEREAS, Section 125.01(1)(q), Florida Statutes, grants to counties the authority to establish and abolish municipal service taxing units for the provision of numerous municipal services; and WHEREAS, the Upper Keys Health Care Taxing District ( "Trauma District ") was created by the BOCC via Ordinance No. 008 -1988, as adopted by the BOCC in January 1988; and WHEREAS, the purpose for the Trauma District was to provide revenues to ensure access to critical trauma care at appropriate trauma centers within time frames established by the American College of Surgeons on Trauma, for residents within the geographical area covered by the Trauma District; and WHEREAS, Ordinance No. 008 -1988 stated that the BOCC was the governing board of the Trauma District, and created an Advisory Board to make budgetary and procedural recommendation to the BOCC; and WHEREAS, Ordinance No. 008 -1988 conferred upon the Trauma District the authority to levy taxes, and after two referenda, ad valorem taxes were collected from properties located within the District; and WHEREAS, in 1997, the BOCC adopted Ordinance No. 050 -1997, terminating the taxing authority of the district; and WHEREAS, the ad valorem taxes collected under the Trauma District's taxing authority now stand at approximately $800,000; and WHEREAS, on or about September 9, 2016, the Advisory Board of the Trauma District passed a motion, recognizing that the Trauma District is no longer necessary in light of various improvements in health care coverage laws, and recommending that the Trauma District should be abolished and its funds disbursed to other entities within the geographic area covered by the Trauma District provided those funds are used to pay for trauma or emergency medical service - related equipment or apparatus in the geographic area in which the funds were collected, only. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida, as follows: SECTION 1. Ordinance Nos. 008 -1988 creating the Upper Keys Health Care Taxing District, and any other ordinances revising Ordinance No. 008 -1988, including but not limited to Ordinance Nos. 041 -1988, 052 -1988, and 007 -1991, are hereby repealed, as are any other ordinances inconsistent with this ordinance. SECTION 2. The Advisory Board created by Ordinance No. 008 -1988, as amended subsequently by other ordinances, is hereby dissolved. SECTION 3. Any funds still held on account for the Trauma District shall be disbursed by no later than January 15, 2017, to the following recipients, in the percentages listed: Ocean Reef Public Safety, a department of Ocean Reef Community Assoc. 37.50% Key Largo Fire & EMS District. 37.50% The funds for the District must be allocated and used as follows: - Of this amount, 31.25% must be given Key Largo Volunteer Ambulance Corps.; and - The remainder, or 6.25 %, must be given to Key Largo Volunteer Fire Department, Inc. Tavernier* 18.75% Layton* 6.25% 100.00% *These funds will go to Monroe County, for the trauma related expenses in this geographic area. Each of the recipients must sign an affidavit, certifying that the funds will be used only for trauma or emergency medical service- related equipment or apparatus, and that the equipment or apparatus will be used in the geographic area in which the Trauma District funds were collected, only, and that any equipment or apparatus purchased with the funds will remain within the geographic area for as long as the useful life of the equipment or apparatus. For a breach or violation of this provision, Monroe County reserves the right to institute any and all legal action to recoup the funds, including but not limited to an action for injunctive relief. SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 14 day of December, 2016. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny Kolhage Commissioner Heather Carruther Commissioner Sylvia Murphy VILIN, Clerk C / )ol k/ Deputy Clerk yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ByArY' Mayor /Chairperson c,, C_. �V_L. LT _= -� C MONROE COUNTY ATTORNEY AP !44 AS O L. HALL ASSISTANT �PU TY A TPRNEY Date 3 NOTICE OF WMWWN7O CON COUM CE N0710EIS HOMY QIVEN TO WHOM IT MAY CONCERN Mat on 08000r A 2016 at 3:00 PA1., or �atlla+ s , be hoard, In Govarntrrent Center, 102050 Ove"W" fthwow -, Mile Marker 102 Key Largo, Monroe County, Florida, the Hoard of county Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF MONROE COUNTY, FLORIDA, A THE UPPER 11 KEYS TH CARE TAXING I�FIOVIDING FOR THlE L OF ALL HEREWITH; DIG AN FT�s�!ls +is. Ctbn 286.0105, notice is given decides to Ision made by respect to any rid at such , slings, he will proceedings, k4that, for such purpope, he m" peed to ensure#ooverbadrn : record of M94)0 :00 nqr jg.Made, which recce ..#* 0de1e' ae #estimony and:: ` which the appeaif is fo�iei: . ADA ASSISTANCE: if vou are a RECEIVED 1UBY WEST STATE OF FLORIDA NOV 14 2016 COUNTY OF MONROE MONROE COUNTY ATTORNE aqw, EaL ISM is, LLC Before the undersigned authority personally appeared Paul Clarin, who on oath says that he is Publisher of the Key West Citizen, a daily newspaper 7 published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of 5 )m was published in said newspaper in the issue(s) of Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every day, and has been entered as second -class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and afiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. person wan, a vwe -wnv needs apec�ai adcommodations in order to parGgipat n -this proceeding, p oer16d the County Signature of Affiant � r ,.. o . , ; ., f .. , between the ' ' ot0 a.m. - 5 :00 P.M., /to fJian five (5) calendar days to scheduled rrre� �g if you are hearing or voice imp*ed, call Dated at Key West, Florida, this 22nd day of September, 2016. AMY HEAVILIN, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida November 6, 2016 Key West Citizen Sworn and subscribed before me this— day of bus o-\, 2016 DAWN KAW71NSKY ' A-Ps MY COMMISSION # FF 944194 Notary Public EXPIRES: January 4, 2020 Bonded Thru Notary Fubl�c Underwriters Dawn Kawzinsky Expires: 1/4/2020 Notary Seal Personally Known x Produced Identification Type of Identification Produced - 4D 1 1st, UP P& ka,s 1-� N)4� -TJ,x ))) f l O N I D A K E Y K EYNOTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared RICHARD TAMBORRINO who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal ,.,and _ Official Advertisements. Richard Tamborrino, Publisher Sworn to and subscribed before me this Day of / / / / /�� ' 2016 v r Notary (SEAL) BEVERLY TRAEGER MY COMMISSION # FF 108704 A' o` EXPIRES: April 18 2018 pF i4a ` Bonded Thru Notary Public Underwriters Ad# 2773398 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CON- CERN that on December 14, 2016 at 3:00 P.M., or as soon thereafter as may be heard, In the Murray E. Nelson` Government Center, 102050 Overseas Highway, Mile Marker 102,,Key Largo, Monroe County, Florida, the Board of County Commission- ers of Monroe County, Florida, intends to consider the adop- tion of the following County ordinance: AN ORDINANCE OF MON- ROE COUNTY, FLORIDA, ABOLISHING THE UPPER KEYS HEALTH CARE TAX - ING DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSIS- TENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is giv- en that If a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings o� meetings, he will need a record of the proceed- ings, and that, for such pur- pose, he may need to ensure that a verbatim reeoid of the . proceedi is made, which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: N you are a person with a disability who needs special accom. modations In order to paMcl. pate In this proceeding,, Please contact the County Administrator's Office, by phoning (305) 2924441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; ff you are hearing or voice impaired, call 11 711 ". Dated at Key West, Florida, this 22nd day of September, 2016. (SEAL) AMY HEAVILIN, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published November 9, 2016 Florida Keys Keynoter RECEIVED NOV 17 2016 MONROE COUNTY AT"M ,El u Packet Pg. 1544 THE REPORTER Published Weekly Tavernier, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared RICHARD TAMBORRINO who on oath, says that he is PUBLISHER of THE REPORTER, a weekly newspaper published in Tavernier, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) , / Affiant further says that the said THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each week (on Friday) and has been entered as a second class mail matter at the post office in Tavernier, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The THE REPORTER is in full compliance with Chapter 50 of the Florida State Statutgs on Legal and Official AdvertisemeefiJ _ Richard Tamborrino, Publisher Sworn to and subscribed before me this Day of ' 2016 Notary (SEAL) EBEVERLYTRAEGER MY COMMISSION a FF 1087r d EXPIRES: April 18 2018 Bonded Thru Notary PubAc Underwrders 1A i -F Pursuant to Section 286.0105, Florida Statutes, notice is giv- en that If a person decides to appeal any decision made by the Board with respect to any matter considered at such headnp or ineotings, he will -need a record of the proceed - , and "t, for, such' pur puss, he geed to ensure that a fecor+d of the or+abeedlimeLls made. which and ev dunce uuppoonn which the appeal is to be based' ASSISTANCE N you area pers,*Vft d1hu"tty, who no** apicial aocoiw' rnodatlorls In under to particti pate In this,p ettdif, a .m. - fin (4 to tho of Dated at . 1lNest; Frida, SIB 22nci�� of Sep tember, 2016: (SEAL) AMY. HEAVILIN, Clerk of the Circuit Court and ex officio Clerk of the Board of Courrly Commissioners of Monroe County, Florida Published November 11, 2016 The Reporter RECEIVED NOV 17 2n MONROE COVMy ATTOS AMY REAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MONROECOUNTI',FLORIDA Mr. Ernest L. Reddick, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Dear Mr. Reddick, Enclosed please find a certified copy of Ordinance No. 031 -2016 A public hearing to consider an ordinance abolishing the Upper Keys Health Care Taxing District (Trauma District). This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on December 14, 2016. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. R I ectfull s m'tted, - , o�e,�fSG }t Amy He�vilm, CPA, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners by: Cheryl Robertson, D.C. cc: County Attorney via e -mail Growth Management via e-mail County Administrator via e-mail BOCC via e -mail MuniCode via e-mail File 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 189 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 December 21, 2016 KEN DETZNER Secretary of State December 21, 2016 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Cheryl Robertson, Executive Aide Dear Ms. Heavilin: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 031 -2016, which was filed in this office on December 21, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 www.dos.state.fl.us