Resolution 269-2006
Resolution No.
269
-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 I, 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 Storm water 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:
1. 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 Key West by certified mail, return receipt requested. The letter shall contain, at a
minimum, the information required by section 164.1052(1), Florida Statutes.
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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 July 19 ,2006.
Mayor Charles McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner David Rice
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Yes
Yes
Yes
Yes
Yes
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Attest: Danny L.
BOARD OF COUNTY COMMISSIONERS
OF MONROE C TY, FLORIDA
By:
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