Item Q02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
l\.-leeting Date: July] 9,2006
Bulk Item: Yes X No
Division: County Attorney
Staff Contact Person, Pedro Mercado
AGENDA ITEM WORDING:
Approval of Resolution authorizing the County Attorney's Offke to initiate conflict resolution
procedures against the City of Key West,
ITEM BACKGROl!ND;
The City of Key West enacted a stonmvater utility ordinance in 2002, Key West International Airport
commissioned two engineering studies showing the fee the City was charging the County was excessive
The County has met with City representatives on several occasions to try to resolve the disagreement
over the appropriate charge, Pursuant to the County's most recent attempt to resolve the dispute, the
County commissioned a drainage calculation study, The study has been completed and again shows the
fees being charged by the City are excessive, At the June 2006 BOee meeting, the County Attorney's
Office made a presentation, along with outside counseL and requested direction as to how the BOee
wished the COUllt)' Attorney's Office to proceed,
PREVIOl'S RELEVANT DOCC ACTION:
On June 21, 2006, upon recommendation of outside counsel, the BOee directed the County Attorney's
Otlice to move forward \',..ith the drafting of the resolution
CONTRACT lAG REE M ENT CHAN G ES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: _t'-JIA
BUDGETED: Yes No
COST TO CO[1\TY: N/A
SOl'RCE OF FUNDS:
REVENUE PRODLCING: Yes
NoX
AMOUNT PER MONTH
APPROVED BY;
County Auy _
OMBIPurchasing ~,;JJk~' Man,agemem --
- "
,_/,J ,";'-'
(....~- I ."" ,<," :!.. - ',---_..-".-" " ~ '( ....
_c,' "),, y- /< ,:J /:, ,_ (.. ,fir
,S~0A HI! TON, COCNTflhORNEY
DIVISION DIRECTOR APPROVAL:
DOCUMENTA TION:
;"- .......-'"
'- ..'
Included __ .x_d'
Not Required_,
DISPOSITION:
AGENDA ITEM #
Re"ised 2/05
Resolution No.
- 2006
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA.
AUTHORIZING THE INnlA TION OF CO~FLICT
RESOLlTION PROCEDURES AGAINST THE CITY OF
KEV WEST AS PROVIDED BY CHAPTER 164 O}' THE
FLORIDA STATUTES.
\VHEREAS, the City of Key \Vcst (the "City''') on June 5,2001, adopted Ordinance 01-
06 (codified as Section 74-363, Code of the City of Key West), which imposed Stormwater User
Fees on every residential and non-residential property, other than exempt propl~rty. located
within its municipal boundaries; and
\VHEREAS, Key West International Airport, which is owned by Monroe County (the
"CountyH), is located within the municipal boundaries of the City and is subject to the
Slormwater User fee imposed by the City~ and
WHEREAS, pursuant to the City Code, Key West International Airport appealed the
calculation of the Storm\vater User Fee as imposed by the City; and
WHEREAS, on January 1, 2002. Key West International Airport issued
Purchase/Service Order No, 02/03-6 to URS to provide an analysis of airport property to
determine the extent of stormwater retained on site and treated to calculate the eligible credit
from the City's Stormwater User Fee; and
WHEREAS, the City has been provided with copies of the studies; and
WHEREAS, as a result of discussions with the County, the City adjusted the amount of
the Stormwater User Fee to reflect the extent of impervious surface located at the Key West
International Airport; and
,,"'IIEREAS. there continues to be other factors relating to the calculation of the
appropriate amount of Stormwater User Fee upon the Key West International Airport which have
not been addressed by the City, These include, but are not limited to, the following'
A. The County has constructed at Key West International Airport an
extensive retention and disposal system that is able to retain and treat all or substantially all
stormwater from the Airport and, therefore, the Airport is not discharging into, or otherwise
impacting upon the City's stormwater utility system,
13 The City is requiring all development to meet a standard for retention of
stormwater sutlicient to meet a t\'ienty-tive year storm event over a 72-hour period. howeveL the
Stormwater User Pee imposed by the City is calculated on a substantially greater ~;tandard than
required of development or provided by the City
C The City is proposing to utilize the proceeds of the Stormwarer L'ser Fee
on improvements and activities that are unrelated to and provide no benefit to the Key West
International Airport,
WHEREAS, as a result of thesc and other factors, the County believes that the City is
charging an excessive fee and that it constitutes an unlawful tax~ and
WHERKi\S, Florida law requires that the amount and use of the Stormwater User Fee be
related to the impacts on the system and the actual expenditure of the proceeds,
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY
COM'HSSIO~ERS OF MONROE COUNTY, FLORIDA:
I, The following are findings of fact by the HaeC regarding the calculation of the
appropriate amount of Storm water User Fee upon the Key West lnternational Airport which have
not been adequately addressed by the City:
A. The County has constructed at Key West International Airport an
extensive retention and disposal system that is able to retain and treat all or substantially all
stormwater Cram the Airport and, therefore, the Airport is not discharging into, or otherwise
impacting upon the City's stormwater utility system,
B The City is requiring all development to meet a standard tor retention of
stormwater sufficient to meet a twenty-tive year storm event over a 72-hour period, although the
Stonn\vater User Fee imposed by the City is calculated on a substantially greater standard than
required of development or provided by the City,
C. The City is proposing to utilize the proceeds of the Stormwater User Fee
on improvemenls and activities that are unrelated to and provide no benefit to the Key West
International Airport,
I), Florida law requires that the amount and use of the Stormwater User Fee
be related to the impacts on the system and the actual expenditure of the proceeds,
2, As a result of these and other factors. the County believes that the City is charging an
excessive fee and that it constitutes an unlawful tax~ an
1 Monroe County shall initiate the conflict resolution procedures pursuant to Chapter 164,
Florida Statutes, as required prior to initiating court proceedings to resolve the conflict between
the City of Key West and Monroe County as to the appropriate Storrnwater User FCI2 for the Key
West International Airpon,
4. Within Jive (5) days following the adoption of this resolution, the County /I.,dministrator
is directed to send a letter and a certified copy of this Resolution to the Chief Administrator of
2
the City of Key West by certified mail, return receipt requested, The letter shall contain, at a
minimum, tht: information required by section 164,lO52( 1), Florida Statutes
5, The Monroe County Attorney's Office is the authorized representative of the County at
the conflict resolution hearing
PASSED A""D ADOPTED by the Board of County Commissioners of l\'lonroe County,
Florida, at a regular meeting of said Board held on , 2006,
Mayor Charles McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner David Rice
( Seal)
Attest Danny L Kolhagc, Clerk
BOARD OF COUNTY C01\fl\llSSI01'<r:RS
OF MONROE COUNTY, FLORIDA
By
By:
Deputy Clerk
Mayor/Chairperson
l
Dale
3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Julv 19. 2006
Bulk Item: Yes X No
Division: County Attorney
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING:
Approval of Resolution authorizing the
procedures against the City of Key West.
County Attorney's Office to initiate conflict resolution
ITEM BACKGROUND:
The City of Key West enacted a stormwater utility ordinance in 2002. Key West International Airport
commissioned two engineering studies showing the fee the City was charging the County was excessive.
The County has met with City representatives on several occasions to try to resolve the disagreement
over the appropriate charge. Pursuant to the County's most recent attempt to resolve the dispute, the
County commissioned a drainage calculation study. The study has been completed and again shows the
fees being charged by the City are excessive. At the June 2006 BOCC meeting, the County Attorney's
Office made a presentation, along with outside counsel, and requested direction as to how the BOCC
wished the County Attorney's Office to proceed.
PREVIOUS RELEVANT BOCC ACTION:
On June 21, 2006, upon recommendation of outside counsel, the BOCC directed the County Attorney's
Office to move forward with the drafting of the resolution.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
NoX
AMOUNT PER MONTH
APPROVED BY: County Atty _
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included ~
Not Required_
DISPOsmON:
AGENDAITEM#~
~ISe.d {5c:t-Jc--<1p D/I::>/6G.
Revised 2/05
Resolution No.
-2006
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE INITIATION OF CONFLICT
RESOLUTION PROCEDURES AGAINST THE CITY OF
KEY WEST AS PROVIDED BY CHAPTER 164 OF THE
FLORIDA STATUTES.
WHEREAS, the City of Key West (the "City") on June 5,2001, adopted Ordinance 01-
06 (codified as Section 74-363, Code of the City of Key West), which imposed Stormwater User
Fees on every residential and non-residential property, other than exempt property, located
within its municipal boundaries; and
WHEREAS, Key West International Airport, which is owned by Monroe County (the
"County"), is located within the municipal boundaries of the City and is subject to the
Stormwater User Fee imposed by the City; and
WHEREAS, pursuant to the City Code, Key West International Airport appealed the
calculation of the Stormwater User Fee as imposed by the City; and
WHEREAS, on January 1, 2002, Key West International Airport issued
Purchase/Service Order No. 02/03-6 to URS to provide an analysis of airport property to
determine the extent of stormwater retained on site and treated to calculate the eligible credit
from the City's Stormwater User Fee; and
WHEREAS, the City has been provided with copies of the studies; and
WHEREAS, as a result of discussions with the County, the City adjusted the amount of
the Stormwater User Fee to reflect the extent of impervious surface located at the Key West
International Airport; and
WHEREAS, there continues to be other factors relating to the calculation of the
appropriate amount of Stormwater User Fee upon the Key West International Airport which have
not been addressed by the City. These include, but are not limited to, the following:
A. The County has constructed at Key West International Airport an
extensive retention and disposal system that is able to retain and treat all or substantially all
stormwater from the Airport and, therefore, the Airport is not discharging into, or otherwise
impacting upon the City's stormwater utility system.
B. The City is requiring all development to meet a standard for retention of
stormwater sufficient to meet a twenty-five year storm event over a 72-hour period, however, the
Stormwater User Fee imposed by the City is calculated on a substantially greater standard than
required of development or provided by the City.
C. The City is proposing to utilize the proceeds of the Stormwater User Fee
on improvements and activities that are unrelated to and provide no benefit to the Key West
International Airport.
WHEREAS, as a result of these and other factors, the County believes that the City is
charging an excessive fee and that it constitutes an unlawful tax; and
WHEREAS, Florida law requires that the amount and use of the Stormwater User Fee be
related to the impacts on the system and the actual expenditure of the proceeds.
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
I. The following are findings of fact by the BOCC regarding the calculation of the
appropriate amount of Stormwater User Fee upon the Key West International Airport which have
not been adequately addressed by the City:
A. The County has constructed at Key West International Airport an
extensive retention and disposal system that is able to retain and treat all or substantially all
stormwater from the Airport and, therefore, the Airport is not discharging into, or otherwise
impacting upon the City's stormwater utility system.
B. The City is requiring all development to meet a standard for retention of
stormwater sufficient to meet a twenty-five year storm event over a 72-hour period, although the
Stormwater User Fee imposed by the City is calculated on a substantially greater standard than
required of development or provided by the City.
C. The City is proposing to utilize the proceeds of the Stormwater User Fee
on improvements and activities that are unrelated to and provide no benefit to the Key West
International Airport.
D. Florida law requires that the amount and use of the Stormwater User Fee
be related to the impacts on the system and the actual expenditure of the proceeds.
2. As a result of these and other factors, the County believes that the City is charging an
excessive fee and that it constitutes an unlawful tax; an
3. Monroe County shall initiate the conflict resolution procedures pursuant to Chapter 164,
Florida Statutes, as required prior to initiating court proceedings to resolve the conflict between
the City of Key West and Monroe County as to the appropriate Stormwater User Fee for the Key
West International Airport.
4. Within five (5) days following the adoption of this resolution, the County Administrator
is directed to send a letter and a certified copy of this Resolution to the Chief Administrator of
the City of K~:y West by certified mail, return receipt requested. The letter shall contain, at a
minimum, the information required by section 164.1052(1), Florida Statutes.
2
5. The Monroe County Attorney's Office or its designee is the authorized representative of
the County at the conflict resolution hearing.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on ,2006.
Mayor Charles McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner David Rice
(Seal)
Attest: Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By:
Mayor/Chairperson
3