Item P12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17 2008 Mara
BOCC
Bulk Item: Yes No X
Division:
Department: County Attorney,
Staff Contact /Phone #: Suzanne Hutton
AGENDA ITEM WORDING:
Approval of Resolution requesting Layton to enact an ordinance allowing Emergency Air Transport
(Trauma Star) MSTU to include the area within the City's boundaries.
ITEM BACKGROUND:
During budget hearings in the summer of 2008, it was proposed that there be an MSTU to cover the
costs of TraumaStar which are in excess of the revenue generated by patient transports. A non -binding
referendum was passed, by a vote of approximately 55% county -wide, albeit not quite 50% in the area
under Key Largo Fire Rescue and Emergency Medical Services District. After passage of such an
ordinance, the County must seek action from the municipalities and independent special district for
them to be covered in the taxing & service district.
PREVIOUS RELEVANT BOCC ACTION:
Approval of referendum question being placed on ballot at 2008 general election and passage of
Ordinance No. 30-2008 creating 2 MSTU's for emergency air transport.
CONTRACTIAGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Included X Not Required
AGENDA ITEM #
Revised 11/06
RESOLUTION NO. -2008
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
INVITING CITY OF LAYTON TO ADOPT AN ORDINANCE
TO INCLUDE CITY IN THE EMERGENCY AIR TRANSPORT
MSTU BOUNDARIES SET BY ORDINANCE NO.30-2008.
WHEREAS, the Monroe County Sheriff obtained a helicopter with the use of forfeiture
funds in 2002 and operated an air ambulance service for trauma victims to be transported rapidly to
trauma care facilities in Miami, saving hundreds of lives; and
WHEREAS, the Board of County Commissioners appropriated funds to purchase a
replacement helicopter when the original helicopter became so old that maintenance and
replacement parts became cost -prohibitive; and
WHEREAS, the annual costs of operation of TraumaStar, the Sheriff s rapid -transport air
ambulance, has been approximately $1,800,000 per year in excess of revenues collected from user
service fees; and
WHEREAS, the State legislature, in 2007 and 2008, limited the collection of ad valorem
taxes by local governments, except by super -majority or unanimous vote by the governing board or
by approval through referendum by the taxpayers; and
WHEREAS, it has been estimated that the amount necessary to supplement the TraumaStar
service revenues to keep it operational for trauma scenes throughout the Florida Keys can be met by
less than a .15 mill tax; and
WHEREAS, a running order by the Monroe County Fire Chief designates Mile Marker 95
as the point above which air ambulance service from Miami -Dade County is requested for trauma
scenes, and below which TraumaStar is requested for trauma scenes due to the time necessary for
the respective air ambulance to reach the scene; and
WHEREAS, it is equitable to assess a lower millage in the area above Mile Marker 95
because TraumaStar acts as a secondary provider for trauma scenes in that area and a higher miilage
in the area below Mile Marker 95 where it acts as primary provider; and
WHEREAS, the impact of the maximum levy of the proposed surtax on a property with an
assessable value of $350,000 would be $52.50 per year below Mile Marker 95 and $26.25 per year
above Mile Marker 95; and
WHEREAS, a majority vote by the electors on November 4, 2008, supported the
establishment of two taxing areas with the northern area to be limited to 7-112 cents tax per
thousand dollars of taxable value of real property and the remainder of the Florida Keys to be
limited to 15 cents per thousand dollars of taxable value of real property; and
TraurnaStar Opt in Res — Layton
WHEREAS, the Board of County Commissioners for Monroe County, Florida, did, at a
public hearing on December 8, 2008, adopt Ordinance No. 30-2008, creating two MSTU's, one for
the area north of Mile Marker 95 Northern County Emergency Air Transport Municipal Service
Taxing Unit), and one for the area encompassing Mile Marker 95and south (Central -Southern
County Emergency Air Transport Municipal Service Taxing Unit), for the County's fiscal year
beginning October 1, 2009, and continuing through September 30, 2019; and
WHEREAS, s.125.01(1)(q), F.S. requires a municipality to consent by ordinance either
annually or for a term of years to inclusion of the area within the municipal boundaries in the taxing
unit established by the County; and
WHEREAS, by multiple resolutions passed the date below, the County is inviting the
following entities to take action to opt into the MSTU's: the municipalities of Islamorada, Key
Colony Beach, Key West, Layton, and Marathon, and the Key Largo Fire Rescue & Emergency
Services District; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR MONROE
COUNTY that:
Section 1. Invitation for Municipal Legislation to adopt the MSTU for TraumaStar Funding.
The City of Layton is invited to enact an ordinance authorizing the real property within the City
boundaries to be included in the Central -Southern County Emergency Air Transport MSTU
established by Ordinance No. 30-2008. A sample ordinance is attached as Exhibit A.
Section 2. Delivery of copy of Resolution to Invitee. The Clerk shall send copies of this
Resolution to City Manager Norman Anderson and Vernis & Bowling, City Attorney.
Section 3. Effective Date.
This resolution shall be effective on the date written below.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of December, AD, 2008.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Heather Carruthers
Commissioner Mario DiGennaro
Commissioner Kim Wigington
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: By:
DANNY L. KOLHAGE, CLERK MAYOR
By:
Deputy Clerk i�ONROE CGUINTV ATTORNEY
APPR D AS TO P 11 :
t
E A. F T TO
COUNiYAT
TraumaStar Opt in Res — Layton 2 �� - z6 �� X�V
EXAr-
ORDINANCE-2008
WHEREAS, the Monroe County Sheriff obtained a helicopter with the use of forfeiture
funds in 2002 and operated an air ambulance service for trauma victims to be transported
rapidly to trauma care facilities in Miami, saving hundreds of lives; and
WHEREAS, the Board of County Commissioners appropriated funds to purchase a
replacement helicopter when the original helicopter became so old that maintenance and
replacement parts became cost -prohibitive; and
WHEREAS, the annual costs of operation of TraumaStar, the Sheriff's rapid -transport air
ambulance, has been approximately $1,800,000 per year in excess of revenues collected from
user service fees; and
WHEREAS, State legislature in 2007 and 2008, limited the collection of ad valorem
taxes by local governments, except by super -majority or unanimous vote by the governing
board or by approval through referendum by the taxpayers; and
WHEREAS, it has been estimated that the amount necessary to supplement the
TraumaStar service revenues to keep it operational for trauma scenes throughout the Florida
Keys can be met by less than a. 15 mill tax; and
WHEREAS, the County ordinance established two MTU's recognizing that it is equitable
to assess a lower millage in the area above Mile Marker 95 because TraumaStar acts as a
secondary provider for trauma scenes in that area and a higher millage in the area below Mile
Marker 95 where it acts as primary provider; and
WHEREAS, the impact of the maximum levy of the proposed surtax on a property with
an assessable value of $350,000 would be $52.50 per year below Mile Marker 95 and $26.25
per year above Mile Marker 95; and
WHEREAS, a majority vote by the electors on November 4, 2008, supported the
establishment of two taxing areas, the Northern area to be limited to 7-1/2 cents tax per
thousand of taxable value of real property and the remainder of the Florida Keys to be limited to
no more than 15 cents tax per thousand of taxable value of real property; and
WHEREAS, on December 8, 2008, the Board of County Commissioners of Monroe
County unanimously approved Ordinance No. ; and
WHEREAS, the City Commission finds it in the best interest of the residents of and
visitors to the City for the MSTU established by Monroe County for emergency air transport to
include the area within the jurisdiction of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THAT:
Section 1. CONSENT TO INCLUSION IN MSTU. The area within the City boundaries shall
be included in the Monroe County Central -Southern County Emergency Air Transport Municipal
Service Taxing Unit established by Monroe County Ordinance No. . The consent to inclusion
of the City in the MSTU shall continue to September 30, 2019, unless the County ordinance is
earlier repealed or unless this ordinance is earlier repealed.
Section 2. 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 3. REPEAL OF CONFLICTING PROVISIONS. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of said conflict.
Section 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance
shall be included and incorporated in the Code of Ordinances of the City of ,
Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the code.
Section 5. EFFECTIVE DATE. This Ordinance shall take effect ten days after the date of
adoption below, as provided in section 166.041 (2), Florida Statutes.
PASSED AND ADOPTED by the City Commission of , Florida, at a regular
meeting held on the day of , A.D., 2009.
Mayor
Mayor Pro Tern
Commissioner
Commissioner
Commissioner CITY COMMISSION
OF FLORIDA
(SEAL) BY:
ATTEST: CLERK Mayor
By: