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STATE MANDATES - ADMINISTRATIVE_ FEES The Board reviewed the following memo dated 9/27/95: TO: Members of the Board of County Commissioners SUBJECT: STATE MANDATES - ADMINISTRATIVE FEES FROM: Joseph A Baird OMB Director September 27, 1995 DESCRIPTION On January 18, 1994, the Board of County Commissioners voted not to pay the $300.00 annual administrative fee for existing leases, subleases and management agreements on State owned land. The State is charging Indian River County a total of $900.00 in the 1995/96 fiscal year for the Wabasso, Treasure Shores Park and No. 11 Corp. property south of Treasure Shores Park. The County purchased these properties jointly with the State and contributed millions of dollars. Presently the County maintains the properties, but -the State requires payment of an administrative fee. The County has not paid the fee for 1993/94, 1994/95 and 1995/96 on .the three mentioned properties; therefore, a total of $2,700.00 is owed. Before staff writes the State another letter refusing to pay, we wanted to make sure we are in accord with the Board of County Commissioners' wishes. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Tippin, not to pay the administrative fees on the three properties as set out in staff's memorandum. Commissioner Bird asked if there are any provisions in the leases with the State for any type of administrative fee to be charged. Attorney Vitunac believed that the older leases we have with the State predate this policy of the State to collect money. He thought that the Board's decision not to pay has a good legal basis. With respect to the leases entered into after the State adopted the policy to charge an administrative fee, we have no legal basis whatsoever not to pay. It would be more of a political issue. Commissioner Bird understood then that the three leases in question here are under the old wording which Attorney Vitunac feels does not give them the right to charge an administrative fee. Attorney Vitunac answered affirmatively, that there is better legal basis to challenge the payment. Commissioner Tippin suggested sending them a similar bill since the County has put up more money in the long run. Commissioner Adams recalled that we sent them a bill and they said it wasn't their policy to pay. 17 BOOK 96 PAGE 266 OCTOBER 3, 1995