Item D2
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 28. 2000
Division:
County Administrator
Bulk Item: Yes
No~
Department: County Administrator
AGENDA ITEM WORDING:
Presentation of potential negotiation issues with the new City of Marathon and guidance by the Board
of County Commissioners as appropriate.
ITEM BACKGROUND:
With the incorporation of the new City of Marathon, many issues will arise, as they did with the
incorporation of the Village of Islamorada. The presentation and discussion are intended to identify
and provide some background concerning what those issues might be. It will be important to clarify as
many of these as possible prior to developing the draft budget to be submitted to the Board of County
Commissioners in July.
PREVIOUS REVELANT BOCC ACTION:
None.
STAFF RECOMMENDATIONS:
Discussion and guidance by the Board of County Commissioners as appropriate.
TOTAL COST:
-0-
BUDGETED: Yes
No
COST TO COUNTY: -0-
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _
OMB/Purchasing _Risk Management _
DIVISION DIRECTOR APPROVAL:
'-=1"?~
James L. Roberts
DOCUMENTATION:
Included
To Follow X
Not Required
AGENDA ITEM # '/ill
DISPOSITION:
AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION
County Administrator
DEPARTMENT County Administrator
SUBJECT Presentation of potential negotiation
issues with the new City of Marathon and guidance
by the Board of County Commissioners as appropriate.
DATE ITEM WILL BE AVAILABLE February 25, 2000
AGENDA ITEM NUMBER D2
MONROE COUNTY/CITY OF MARATHON NEGOTIATIONS
BACKGROUND
With the incorporation of the City of Marathon and the seating of the City
Council by the end of February, 2000, it is necessary for the County to begin preparing
for the negotiations that will ultimately occur between ~e County and the City. When
the Village of Islamorada was incorporated, the negotiation preparation did not begin
until after the Village had presented its requests, concerns, issues, etc. In discussions
with the Board of County Commissioners, the Board and the Administration agreed that
it would be beneficial to have some information made available early so there would be
time to consider the issues that might arise and to prepare for them. The agenda item for
the meeting of the Board of County Commissioners on February 28, 2000, is for the
purpose of reviewing many of the issues that might arise. It is not jntended to provide the
final positions for negotiations which should come only after an initial meeting with the
City representatives and a review of their concerns and requests.
There will probably be two sets of agreements to be considered by the Board of
County Commissioners. The first will be transition agreements, which will outline
responsibilities for the balance of fiscal year 2000. Notable among these are the Growth
Management issues and those areas in which the new City will be receiving some state
shared revenues. In that regard, the question will be how far into the year does the
County continue to supply the services if it is not receiving all the revenues to which it
was entitled before the incorporation.
Another concern is the timing of the negotiations. It would be helpful if they
could begin fairly quickly so that the County could have some agreements in place prior
1)1.
to the draft budget presentation to the Board of County Commissioners in July of 2000.
Issues such as whether the new City will supply its emergency medical services or ask
the County to sign a contract are critical for the projection of expenses and revenues for
fiscal year 2001. In addition, there are questions concerning a large number of County
parks and recreational areas and who will be responsible for owning and maintaining
them and the turning over of roads, bridges and bike paths to the new City. Also, how
are these to be funded since the City is no longer in the Unincorporated Parks and
Beaches Taxing District.
Having proceeded through negotiations with the Village of Islamorada, the
County is better prepared to work with and cooperate with the new City of Marathon.
We can begin meeting with the City representatives as soon as they feel they are prepared
to begin discussions.
ISSUES
Growth Management - The issues presented below assume that the new City of
Marathon will not request any services from the County's Growth Management Division
during the transition period or afterwards. If the City decides it wants the County to
provide any services, it will have to be by interlocal agreement and subject to the
approval of the Board of County Commissioners. The following are some of the issues
which will need to be addressed during the transition.
1. Development of a Chapter 380 Tri-party Agreement for creation of a
ROGO sub-allocation area for City of Marathon including identification of
City responsibilities and duties for assuming restrictive covenants and
2
dedication of ROGO lots and acknowledgment by both parties of the
necessity to enter into future intergovernmental agreements between the
two parties and other municipalities in the Keys to address concurrency,
hurricane evacuation, ROGO, and planning issues of mutual interest.
2. Transfer of official building permit and development records and code
enforcement files to the City by some specified period of time.
3. Arrangements for processing and transfer of impact fees by category
(dependent on negotiations for services).
4. Processing of proposed future land use map and zoning map amendments
for County-owned property within the City of Marathon.
5. Disposition of all building permit applications and fees received prior to February
24, 2000.
6. Disposition of all current code enforcement cases.
7. Disposition of outstanding beneficial use and vesting applications and fees.
Solid Waste - It is fortunate that the state legislation that allowed for the City to
be created provided that Marathon solid waste will be delivered to the County through the
end of fiscal year 2002. The County and the City should discuss guaranteeing the flow of
solid waste to the County facilities at least through 2006. The 2002 issue was a result of
negotiations during the legislative process. For the stability of the County solid waste
system, it is important that there be an opportunity to discuss this issue.
8. In the event the City of Marathon wants to have its own solid waste
collection agreement with the present franchisee, there should be the
3
guarantee that the solid waste flow will still come to the County facilities.
However, there should be additional discussions concerning the City
assuming their customer service, pollution control, and hurricane clean-up
functions, especially since the funds to pay for the solid waste system will
be raised by the City.
Public Works - The County has a large number of properties in Marathon that
are used for public and related purposes. These fall into a variety of categories which are
included on the attached set of tables. There are many facilities and parks that pertain
directly to services provided by the Board of County Commissioners. There are many
that are in support of the Constitutional Officers including the Sheriff. There are some
properties that are leased to nonprofit entities. Many properties are directly related to the
Marathon Airport operations and agreements with the entities that utilize that facility.
9. There are many properties that support the Constitutional Officers or
otherwise pertain to County-wide services. For the sake of this document,
it is assumed that these will remain within County control. Starting on
page one of the six page Public Works Addendum, the following fit that
category:
Sheriff's Substation, Tax Collector, Sub-Courthouse, Temporary
Courthouse, Clerk of Courts Offices, Marathon Library, Two Sheriff's
Storage Buildings, One Building used by Switlik School, all Marathon
Airport Properties, Public Works Offices, Animal Shelter Facility, Fleet,
Garage, Communications Trailer, Government Center Annex, Regional
4
Government Center, Ruth Ivans Health Clinic, Crawl Key Fire Training
Facility, Grassy Key Translator, Marathon Jail.
10. There are a number of facilities that are utilized by nonprofit organizations
and for general pubic usage as follows: Senior Citizens Center, 33rd Street
Restrooms, Teen Center, Jaycees Building, Yacht Club, DA V Building.
11. There are properties dedicated to municipal services such as Fire &
Emergency Medical Services. These are: Fire Station #1, Fire Station #2.
These will be covered more fully in the section on Public Safety.
12. A major portion of the County's investment in the Marathon area is
included on the third page of the tables. This summarizes information
about various parks and recreational facilities. It should be noted that the
Marathon Community Park is under construction for an expenditure of
approximately $1.9 million. The County has stated in the past that it
would complete this Phase I of the park since plans had proceeded far
enough along for that purpose.
13. Improvements at park and beach facilities are paid for from infrastructure
,
sales tax funds, impact fees, grants, or a combination of these.
Maintenance of the facilities is primarily through the Unincorporated
Parks & Beaches Taxing District. The City of Marathon will no longer be
in the Unincorporated Parks & Beaches Taxing District. As of July 1,
2000, the County will not be receiving infrastructure sales tax funds that
will now go to the new City. That amount is estimated at $1 million per
year.
5
14. The County and the City will need to discuss whether any of these
facilities will become the responsibility of the City of Marathon and
whether, if that is the case, they will propose to the County a contract to
continue maintenance. If that does not occur, the County will need to
consider how it will fund improvements and maintenance to those
facilities, with one possibility being County-wide (general fund) taxation.
15. Please note the Interlocal Agreement with the School Board and the
funding that is utilized within the City of Marathon for those purposes.
16. On the fourth page of the Public Works Tables is a summary of the Roads,
Bridges, Bike Paths, Street Lights, and Traffic Signals. Work on these is
funded primarily by gas tax funds. Effective July 1, 2000, the new City
will be eligible for gas tax funds and the County will loose that same
amount of approximately $227,000.
In summary, there are 286 roads for approximately 58 miles, 7 bridges, and
almost 10 miles of bike paths. In the negotiations with the Village, these were all turned
over to the Village and their maintenance became the Village's responsibilities.
Street lights on U.S. Highway 1 are paid for by the County costing approximately
$38,000 per year. The County is responsible for maintenance of traffic signals through
an agreement with the Florida Keys Electric Cooperative. These were negotiated to be
taken over by the Village.
17. The roads, bridges, bike paths, street lights and traffic signal costs are
estimated to be approximately $649,000 annually. This includes estimates
6
of personnel and operating costs as well as construction costs and physical
improvements.
Public Safety - There are many issues related to Public Safety in the new City.
Primary among these are Fire Services and Emergency Medical Services. In the
negotiations with the Village, these were also major points.of discussion. The following
list is provided to show that there are services which will shift to the responsibility of the
new City as a result of the City no longer being in the Fire & Ambulance District 1. The
question of equipment and facilities is paramount. In discussions with the Village, there
were agreements as to the Village retaining certain equipment and facilities.
Also in those discussions, the Village requested a contract to continue Emergency
Medical Services for its first full year of operation. There was an agreement between the
County and the Village and the County continued to provide 'that service through
September 30, 1999. The following are some of the issues in reference to Fire and
Emergency Medical Services:
18. Fire Station #1 is located at the intersection of U.S. Highway 1 and 33rd
Street. It is owned by Monroe County. It consists of three garage bays:
one is presently used as a storage area for County-wide fire rescue and
EMS supplies and portable equipment, another is used for housing the fireh
engine assigned to the County's Fire Academy, and the last one is used
periodically by the Marathon Volunteer Fire Department to house a fire
engine.
7
19. Fire Station #2 is located on airport property at Marathon Airport. It is
used as the headquarters station of the Marathon V olunteer Fire
Department. Most of the :fire engines are housed at and respond from this
station. Additionally, the airport's crash-tire-rescue (CFR) apparatus are
located at this station along with the personnel who staff them. The
County's EMS crew quarters for Medical Unit #6. are located in a trailer
adjacent to the rear of the station; ambulances are parked on the outside, in
front of the :fire station.
20. Presently, there are four equipped fire apparatus assigned to the Marathon
Volunteer Fire Department, excluding Marathon Airport's CFR apparatus.
They are a 1979 pumper, a 1989 tanker/pumper, a 1993 ladder truck, and a
1994 rescue/pumper; all are assets of the Lower and Middle Keys Fire and
Ambulance District
21. Presently, there are two equipped ambulances assigned to the Marathon
area.
22. There are numerous items of portable firefighting equipment, res'c~e
equipment and radio communications equipment presently assigned either
to the Marathon Volunteer Fire Department or for use in the area by EMS.
All are assets of the Lower and Middle Keys Fire and Ambulance District.
23. There are an estimated $23,800 in Fire and EMS Impact Fees in the
Middle Keys District. A proportionate share of those could be considered
in the negotiations.
8
24. The Lower and Middle Keys Fire and Ambulance District's fund balance
has dropped substantially over the past few years. Further depletion could
be problematic.
25. Continued County provided dispatch and communications services,
including handling 9-1-1 calls and dispatch through the Sheriff's Office,
could be negotiable.
26. Continued use of the County's emergency services radio communications
network could be negotiable.
27. Continued provision of automatic aid and mutual aid should be negotiable.
28. Use of the County's Fire Academy by the City of Marathon at a
reasonable charge should be negotiable.
29. The provision of fire rescue and/or EMS services by the County with the
City of Marathon on an interim or long-term basis could be negotiated.
Recently, the Administrator received a communication from the Mayor of the
City of Key Colony Beach. In that communication, the Mayor states that he believes
Marathon will eventually take over all of its own fire and ambulance services. He
,
questions whether the County could adequately serve his City, probably based upon the
geographical relationships.
Since it is probably not economically feasible for Key Colony Beach to supply its
service directly, the City is considering entering into some type of an interlocal
agreement with Marathon. They request to be included in any discussions concerning
fire and EMS services.
9
Community Services - The Community Services Division deals with County-
wide services and, as such, there will be little need for negotiations. It is assumed that
libraries will remain a County-wide function since to break up the system into pieces
would be a detriment to all areas of the County. There should be an agreement about
providing library impact fees to the County.
The Social Service Transportation Program is primarily funded through gas taxes.
Some of those funds are being transferred to the new City. Although there should not be
a direct impact on the Transportation Program, at some point the County should look at
the lessening amount of gas tax funds to be distributed among various County-wide
programs.
OTHER ISSUES
There are a number of issues including financial issues' 'that will need to be
discussed. These were major discussion items in the negotiations with the Village of
Islamorada. The financial issues are extremely important because they will impact not
only the City of Marathon but other parts of the County.
30. There are approximately $1,186,370 in roadway impact fees for district 2.
If the County is not to continue with its Seven Year Road and Bike Way
Plan in Marathon, there could be an agreement as to what portion of those
funds would be turned over to the City. One formula might be to utilize
what is proposed in the coming year for work in the City.
31. There are approximately $35,150 of park impact fees appropriated in the
district. Those funds that are already programmed for the balance of this
10
fiscal year could be discussed. Although it is labor extensive, it might be
possible to review the contributions to the impact fees based upon whether
they were collected within what is now the jurisdiction of Marathon.
32. There are approximately $23,800 of fire impact fees in the district. As
with the Village, there would need to be a system to determine what
portion would be appropriate for the City of Marathon.
33. The issue of fund balances, especially in Fire & Ambulance District 1, will
probably be raised. This was a major area of discussion with the Village.
34. There might also be discussion concerning the fund balances in the
municipal services taxing unit. These funds include Unincorporated Parks
& Beaches balances.
35. During the discussion with the Village, it was identified by the County
Attorney's Office that there is no statutory obligation to turn over funds in
any of the fund balance accounts.
The summary above is intended to be only an indication of the types of issues that
might arise during the negotiations. Obviously, the new City of Marathon repre~entatives
will bring more issues to the table. The Administration is not expecting decisions from
the Board of County Commissioners concerning these issues on February 28, 2000. If
the Board is interested in giving any guidance or raising additional issues or
interpretations, those can be requested and the Administration will provide that additional
information. Hopefully by reviewing some of these issues early, it will be possible to
begin negotiations and conclude them expeditiously.
James L. Roberts
February 24, 2000
11
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Acquisition Costs for Monroe County Parks in Marathon
Jessie Hobbs Park
Legal Description:
Purchase price:
Funding source:
Marathon Park
Legal Description:
Purchase price:
Funding source:
Legal Description:
Purchase price:
Funding source:
Block 1, Lot 1 and part of Lot 2. Marathon Beach subdivision
$122,200
County infrastructure sales tax revenue
RE #103350-000200 (David Swartz property, next to marina)
$1,337,857
50% County infrastructure sales tax revenue
50% Florida Communities Trust grant
RE #103340-000100 (fonnerly Pat and Kelly's Marina)
$525,000
County infrastructure sales tax revenue
Coco Plum Beach Park
Legal Description: Block 21, Lots 24-32, Coco Plum Beach (Faga property)
Purchase price: , $2,350,000
Funding source: 50% Land Authority funds
50% Florida Communities Trust grant
Legal Description:
Purchase price:
Funding source:
Legal Description:
Purchase price:
Funding source:
Legal Description:
Purchase price:
Funding source:
Block 21, Lots 33-40 & west 1/2 of Lot 41, Coco Plum 'Beach (Epic property)
$300,000
Land Authority funds
Block 21, East half of Lot 41 and Lots 42-49, Coc Plum Beach (Loia property)
none (never acquired)
Block 21, Lots 50-56, Coco Plum Beach (Schwitalla property)
$450,000
Land Authority funds ($262,500)
Florida Communities Trust grant ($187,500)
to the draft budget presentation to the Board of County Commissioners in July of 2000.
Issues such as whether the new City will supply its emergency medical services or ask
the County to sign a contract are critical for the projection of expenses and revenues for
fiscal year 2001. In addition, there are questions concerning a large number of County
parks and recreational areas and who will be responsible for owning and maintaining
them and the turning over of roads, bridges and bike paths to the new City. Also, how
are these to be funded since the City is no longer in the Unincorporated Parks and
Beaches Taxing District.
Having proceeded through negotiations with the Village of Islamorada, the
County is better prepared to work with and cooperate with the new City of Marathon.
We can begin meeting with the City representatives as soon as they feel they are prepared
to begin discussions.
ISSUES
Growth Management - The issues presented below assume that the new City of
Marathon will not request any services from the County's Growth Management Division
during the transition period or afterwards. If the City decides it wants the County to
provide any services, it will have to be by interlocal agreement and subject to the
approval of the Board of County Commissioners. The following are some of the issues
which will need to be addressed during the transition.
1. Development of a Chapter 380 Tri-party Agreement for creation of a
ROGO sub-allocation area for City of Marathon including identification of
City responsibilities and duties for assuming restrictive covenants and
2
Proiect
Coco Phan
M8I8thcm PaN'
Condemnation
Marina
Jesse Hobbs Park
Sombrero Beach
County Park Improvements
Amount Funding
Budntal Source
$ 40,000 lc Infrastructure
70,000 ' Pafk Impact Fee
$ 3.4 mil ' ic tnfrastructure
Previous Expense
( 1995-1999)
$324,000
'$100,000' lc Infrastructure $197,000.
180,000* lclnfrastructure ·
50,000, SFWMD
23,000 DIP-.
0 NJA $134,000
$ 60,000 Parle Impact Fees $ 40,000
75.000 Grants
60,000 FEMA
Total Available Park Impact Fees $ 35,150...
-Includes management fee ofSl4,sOOlmontb
.. Add' I. FUD~bci'ilI ~0I0d for doehge
..-Marathonto pt 1/3 of.lbaled'onfeuibility study == $11,717
, ,
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