HomeMy WebLinkAboutR-1998-111 - RESOLUTION N0. 111-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DANIA, FLORIDA, AUTHORIZING THE CITY ATTORNEY
TO SERVE A NOTICE ON BROWARD COUNTY OF THE
INTENT OF THE CITY TO FILE SUIT FOR THE RECOVERY
OF UNDERPAYMENTS OF "MINNET" MONEY, AS
REQUIRED BY SECTION 164.103, FLORIDA STATUTES;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 1973, a group of mayors from certain cities in Broward County,
Florida, which provided their own Emergency Medical Services ("EMS", the "Provider
Cities"), brought suit against Broward County (the Alsdorf case), claiming that the residents
of their cities were being subjected to double taxation by the County as a result of its use
of County-wide ad valorem tax revenues to fund the County's EMS system; and
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WHEREAS, in response to an injunction issued by Broward County Circuit Judge
James F. Minnet in the Alsdorf case (as affirmed by the Fourth District Court of Appeal),
the County entered into Interlocal Agreements with the Provider Cities that required
payments to be made to the Provider Cities in accordance with a formula contained in the
Agreements; and
WHEREAS, the Provider Cities include the cities of Dania, Deerfield Beach,
Hallandale, Hollywood, Lauderdale Lakes, Margate, Miramar, Oakland Park, Pembroke
Pines, Pompano Beach and Sunrise; and
WHEREAS, in 1995, the Provider Cities joined with other Broward municipalities to
form "The Group City EMS Coalition of Broward County, Florida, Inc." (the "Coalition"), to
address common EMS issues; and
WHEREAS, the Coalition hired Mr. William G. Benson, a certified public accountant,
to analyze the payments being made to the Provider Cities under the Interlocal
Agreements and pursuant to the Alsdorf decision; and
WHEREAS, Mr. Benson has completed an investigation and has reported to the
Coalition that it is his opinion that, based upon the cities' interpretation of the Interlocal
Agreements, the County has underpaid the Provider Cities $12,871,773.00 between 1984
Page - 1 - RESOLUTION NO. 111-98
and 1994 (plus additional amounts for 1995 and 1996, which amounts are not currently
known); and
WHEREAS, of the $12,871,773.00, Mr. Benson found that the City of Dania was
underpaid $345,243.00 (plus additional amounts for 1995 and 1996, which amounts are
also not currently known); and
WHEREAS, prior to filing a lawsuit against the County, the City is required to serve
a notice of intent to sue pursuant to Chapter 164, Florida Statutes; and
WHEREAS, the serving of a Chapter 164 notice will toll the statute of limitations for
a period of time;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That the City Attorney is authorized to serve a "Chapter 164 notice" on the
County as referenced above, in coordination with other affected Provider Cities.
Section 2. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED ON JULY 28, 1998.
JIM CALI
MAYOR-COMMISSIONER
ATTEST:
I
M RIE JABAL CLERK-AUDITOR
I
APPROVED AS TO FORM AND
CORRECTNE S:
THOMA J. ANSBRO, CITY ATTORNEY
GAWFILESMAIDANIMEMS-MINNET FUNDS.RES
07123198
; a� Page - 2 - RESOLUTION NO. 111-98
07/21/99 NE 15:48 FAX 768011T BRINKLEY NCNERNEY LLP 0009
Jui-41-0 Tut I"S GILT Lit nWU Wily HI U rfU( Nu. auoauyuot r• u4
CITY of 1IOLLYW00% FLOMA
muoo
JAWE ALAN COLE (954)921.3w
ClryAtt M 'hk&x(914)92)-3081
July 21, 1998
VIA TELPCM
Attorneys for Each of the 11 EMS Provider
Re: Undemavment Fu ds"
Ladies and Gentlemen:
yesterday,I sent each of you letters regarding the underpayment by the County of
I , "Minuet Funds" since 1984, as well as a form resolution and Chapter 164 nonce.
In order to coordinate our efforts on this nxtcr'and to brainstorm regarding Potential
lcpl strategies,I would like to eomrone a meeting of the attorneys for each of the affected cities.
1 would suggest that we have the meeting at office at 2:Oo pm. on Friday,August 14, 1998,
If the date,time and/or location Pin convenient,we can allmopt to ma e ternauve arrangements
please et me know as soon as possible if you(or a represemative of your city)will attea
I also would like to keep track of what each city is doing in com=don with this issue.
I bave placed the molution on the agenda for tonight's special meeting of my City Commtsstoa.
please let we know the status for each of your cities. 19160 believe that it is important that all of
the Chapter 164 notices go out on the same day(because the Joint mating must be held within 30
days of the receipt of rho notices by the County).
T look forward to hearing front,and worlang with,each ofyou on this important issue.
Very 7AIa'y
y s,
J u Cole
Attorney
011FICE OF THE Crry ATTORNEY,2M Houywow Boulev2n4 HoUymw.Florida 33020-4801
-An Equal o pporionitr and SGrviee Provider Agency"
JLJL-21-1998 15:43 76BO117 P.09
' 07/21/98 TUB 15:18 FAX 7680117
BRINKLEY MCNERNEY .LLP la 002
1 CITY of HOLLYWOOD, FLORIDA
JAMMALANCOLE (954)921%W5
Oy Aaomey Telerax(934)921•SU81
July 20, 1998
yIa TELIECQPY .
Members of the Group City Emerge Medical Coalition
of Broward County,Florida,Inc.(the"Coalition")
Other Affected Cities
Re: UnderDayn=t of`9Vlinnet"Funds
Ladies and Gentlemen'
As you may be aware.Mr. William G.Benson,a certified public accountant with the
accounting firm of Keefe,McCullouo&Co.,Was retained by the Coalition to analyZA the
amounts paid by Broward County to various municipalities that provide their own EMS services,
more commonly referred to as"Miner Payments." These Payments were made by Broward
County pursuant to various lWerlocal agreements that were reached as it result of various
decisions end orders of judge Minmet and the Fourth District Court of Appeal in the litigation
styled nlerlgrf et al v Brotvard County,etc.,Case No. 73-14158(j)and 373 S0.2d 695 (Fla. 4"
DCA 1979).
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At the meeting oftbe Coalition on Friday;July 17, 1998, Mr. Benson trade a presentation
of bis findings. He concluded that,based upon the cities'interpretation of the interloral
agreetnerits,the County has underpaid the affected elcvm municipalities atotal of S12,871,773
between 1984 and 1994(plus additional amounts for 1995 and 1996,which amounts are not
currently known). A copy of Mr. gown's calculations as to each year and each city are
transmitted herewith. Also at the meeting, a presentation was made by the attotn cys for the
Coalition(?&dmell Cintllo,Jr.,and Kerry E=4 of the law firm of Josias, Goren, Cher4 Doody
Ba Ezrol,NA), regarding the legal issues and options. It was decided that,because there may be
statute of limitations issues, all of the affected cities should,as soon as possible, send statutorily
required notices to the County of their iottm to file suit regarding this matter, Once the notices
are sent,the statute of limitations is tolled for a limited period of time,
OM.Cr-Or THE CITY ArrORNEC=Hotlywood HoWemd,Hollywood.Flnrlda FA20-OU7
-An Equal Opporlanny and Saralee provider Apaney' ,
ZO'd 190E1Z650E 'ON 81i.4 111.1d 1,.11101 OMH rttl Jt.1.10 fi0:9i NOII Rfi-OZ-10(
Jlt_-21-1996 15:40
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07/21/98 TUE 15:ae FAX 7680117 BRINK LEY NCNERNEY ,LLP 1&03
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Letter to Affected EMS Cities
July 20, 1998
Page 2
The Coalition asked that I serve as kad counsel during the pre-litivption portions of this
matter. Accordingly,I have prepared a draft resolution and Chapter 164 notice, copies of which
are transmitted herewith. Each affected municipality that is interested in pursuing this matter
should schedule this matter for Commission action as soon as possible and contact we so we can
coordirma the sanding of the Chapter 164 notices.
Ifyou have any questions or comments,please feel free to call me. I look forward to
working closely with each of the affected cities on this matter. and hopefully we will be able to
reach a resolution with the Cminty that will provide each of the cities all(or at[cast a substantial
portion)of the amounts that have been underpaid,
j VcTY Lay Yours,
] 'e Alan Cole
try Attorney
Cc:John Sommerer,President
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f.0'd iRf1F.17R4fM YW VU4 fH.0 JI1.111 W 4n ell In nt :gt unu sip-nz-inr
JLIL-21-1996 15:40 7680117 P•03
07/21/98 111E 15:46 FAX 7080117 BRINKLEY MCNERNEY .LLP IA004
BMS5FIL&WK4
SEVENTEEN CITY COALMON
BROWARD COUNTY EMS SERVICES FUND
SCHEDUIY-OF TOTALS BY YEAR FOR THE TWO CHANGES
TO THE COUNTY ME1110D OF CALCULATING H N1ET PAYMENTS
FISCAL lNCRSAlCMDbSD3MwIa0 i7ae OF DUDG&1L'D
YEAR nvGN+MPm m,rrma vs.ACTUA rOM TOTAL.
1984 38AS 62,186 100,454
1985 19,134 114AU 133.938
1986 459,399 199,739 659.138
1987 641,705 21805 860,700
1988 794,646 181,872 966,518
1989 865,494 410,555 1,276,049
1990 649,786 355,439 1,005,225
1991 1,235.644 342A09 1,677,653
1992 1,425,731 95,800 1,521,531
1993 2,015,570 69,713 2,084,283
1994 11969,553 116,731 2,686,M4
-r 10,104,930 .w 2,766,843 12,871,773
SCFIFDULE OF TOTALS BY PROVIDER CTTY
FOR THE AFFECTS OF THE TWO CHANGES TO THE
COUNTY MEMOD OF CALC171ATING MINNEP PAYMENTS
' ntCREA$AIDPSKF, 7ATED l7iiE OF BUnG�iED
a;V=RM PERc6NrAm vs A=AL roars TOTAL
PROVIDER C1TIB5_ ------- _��- -------
Dania 273,351 71,892 345,243
Deerfield 850,860 236,179 1,087,039
Hallandale 610,792 177,972 788,764
Hollywood 2,7M,458 629,644 2,883.102
Lauderdale Lakes 499,934 239,063 638,9W
Margate 783,2S9 214.896 998.155
Wrmar 734a18 199,578 933,796
Oakland Park 480,424 131X3 611,677
PembrokGPines 1,166,690 306,914 L4751604
Pompano Beach L299,703 354,821 1:654,524
S�urteC 1,152,241 304,631 1,456,872
' 10,104,930 - 2,766,843 12,871,773
,eC-a---s--
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JUL.-21-1998 15;41 7680117 P•04
07/21/98 1VE 15:I7 FAX 7e80117 BRINKLF.Y acNERNEY ,LLP Q007
July_, 19"
VL&HAND DELIVERY
Roger Desjarlais
County Administrator
Office of the County Administrator
Broward County Governmental Center
115 South Andrews Avenue, Suite 409
Fort Lauderdaiq FL 33301
Re: Notice Under Chapter I Florida Statutes
Dear Mr.Desjarlais:
As you stay be aware,W. William G. Benson,a certified public accountant with the
accounting firm of Keefe,McCullough&Co.,rec=tly completed an analysis of the amounts paid
by Broward County to various cities that provide their own EMS services,more commonly
tderred to as"Mmnet Payments" These payment were made by Broward County pursuant to
various interlocal agreements with each city,including the"Intedocal Agreement Betwom
Broward County and City of Providing for the Furnishing of Emergency Medical Services
to a Portion of Broward County,Florida,"executed by Broward County on October 5, 1983 (the
"lnterloeal Agreement"). Mr.Bensoa concluded that,based upon the cities'interpretation of the
Interlooal Agreement,the County has underpaid the affected cities a total of S 12,871,773 between
1984 and 1994(plus additional amounts for 1995 and 1996, which amounts are not currently
known). Of this amount,Mr.Benson found that the City of was underpaid
(plus additional amou=for 1995 and 19%,which are also not currently known).
Pursuant to Chapter 164,Florida Statutes,I, on behalf of the City Commission,
hereby notify you that the City of intends to file a snit against the County in
connection with the County's breach of the Interlorsl Agreement and/or other issues pertaining to
the Interlocal Agreement and/or the County's Allure to abide by decisions and orders ofMge
Mmnet and the Fourth District Court of Apped in the litigation styled Alsdorf et al. v. Browud
Qa!pM etc., Case No. 73-14158(J) and 373 So.2d 695(Fla. 4 h DCA 1979).
in 'a innoi7Rcnc nm via r1IN 11I1)1 aMu M 111A 7TI01 timi oa_n7_,inf
JLL-21-1998 15:42 7680117 P.07
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07/21/98 TUB 15:48 FAX 7880117
BRINKLEY McNERNEY .LLP Q008
Lwar to Roger Aea7arlals
Julys 1998
Page 2
1n accordance with Section 164.103,Florida Statutes,the County Commission"must hold
a public meeting within 30 days after receipt" of this notice. The County Commission and City
Commission'sbali discuss the proposed litigation at the meeting in an effort to amicably Settle the
controversy_" We understand that several other affected cities are simultumously sending the
County notices regarding this same subject matter. Rather than hold several meetings on the same
subject,we believe that one Chapter 164 meeting should be held involving all of the affected deice
that send Chapter 164 notices. Please comet me upon receipt to discuss the date and logisdes of
trio joint meeting.
it is unfortunate that we have been forced to take this step,but we are optimistic that an
amicable resolution can be found to ibis problem.
Very truly yours,
Jamie Alan Cole
City Attorney
cc: County Commissioners
Sharon Cruz,Esq.,Acting County Attorney
Mayor and Commissionets
City Manager
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