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Item S3M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting November 14, 2017 Agenda Item Number: S.3 Agenda Item Summary #3559 BULK ITEM: No DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774 N/A AGENDA ITEM WORDING: Approval to advertise a public hearing to consider approval of a resolution of Monroe County, Florida electing to use the uniform method of collecting non -ad valorem special assessments levied within the County toward the cost of providing Operations and Maintenance costs for canal restoration demonstration projects and /or for canal skimming services for any canals within unincorporated Monroe County (the Notice of Intent resolution will be heard at the December 13, 2017 public hearing in Key Largo). ITEM BACKGROUND: Under F.S. 197.3632(3)(a), if the County wishes to collect non -ad valorem special assessments in the upcoming fiscal year using the Uniform Method for the levy, collection and enforcement of non -ad valorem assessments, the County must adopt a resolution at a public hearing, indicating its intent to collect the special assessments using this method. The public hearing must be held by January 1, or, if the Tax Collector, Property Appraiser and County agree, by March 1, with a copy of the resolution mailed, once adopted, to the Tax Collector, Property Appraiser and Florida Department of Revenue by March 10. A notice of the public hearing has been advertised for four consecutive weeks. This resolution protects the option for levying the assessments using this method in November 2018. The purpose of the "Notice of Intent" resolution would be to announce the County's intent to collect special assessments to cover operations & maintenance costs for canal restoration projects, and /or for canal skimming services, in the unincorporated County. The resolution is statutorily required under F.S. 197.3632(3)(a), if the County wants to preserve its right to collect the assessments beginning in November 2018. The "Notice of Intent" resolution is non - binding. The County may reduce the areas covered by any future assessments or decide not to go forward with the assessment program at a later date. By adopting the attached resolution, the County would simply be reserving the right to use the tax bill collection method beginning in November 2018. Collection of the assessments could not occur without further approval of initial and final assessment resolutions in the spring/summer of 2018. Those assessment resolutions would contain (a) a specific list of properties to be assessed, and (b) the amount of the assessment for each property. Staff hereby requests approval of advertising the public hearing to consider adoption of the resolution announcing the County's intent to collect non -ad valorem special assessments from various properties on the tax bill beginning in November 2018. PREVIOUS RELEVANT BOCC ACTION: 10/18/2017: BOCC approval of Ordinance 021 -2017, establishing a Municipal Service Benefit Unit for collection of special non -ad valorem assessments for the canal restoration program. CONTRACT /AGREEMENT CHANGES: Not Applicable STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution of Intent - Monroe County -Canal Restoration FY 2018 FINANCIAL IMPACT: Effective Date: December 2017 Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: $0 Current Year Portion: $0 Budgeted: Yes Source of Funds: MSBU CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: TBD Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: REVIEWED BY: Rhonda Haag Completed 10/30/2017 5:25 PM Cynthia Hall Completed 10/30/2017 5:37 PM Budget and Finance Completed 10/31/2017 8:42 AM Maria Slavik Completed 10/31/2017 8:50 AM Kathy Peters Completed 10/31/2017 9:04 AM Board of County Commissioners Pending 11/14/2017 9:00 AM RESOLUTION NO. -2017 A RESOLUTION OF MONROE COUNTY, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE COUNTY FOR CANAL RESTORATION PROJECTS; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County, Florida (the "County ") is contemplating the imposition of special assessments to generate the funds necessary for the costs of operations and maintenance for canal demonstration restoration projects; and WHEREAS, the County intends to use the uniform method for collecting non -ad valorem special assessments for the cost of providing funds for Demonstration Project Canals located on Key Largo, Rock Harbor, Big Pine Key, and Geiger Key, as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2018; WHEREAS, use of the uniform method provides a benefit to the property owners who are paying the cost of the canal restoration, in that it allows the property owners to amortize the costs and pay a portion on each year's tax bill; and WHEREAS, the County held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW, THEREFORE BE IT RESOLVED: 1. Commencing with the Fiscal Year beginning on October 1, 2018, and with the tax statement mailed for such Fiscal Year and continuing thereafter until discontinued by the County, the County intends to use the uniform method of collecting non -ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non - ad valorem assessments for the cost of providing canal restoration on certain properties located on Key Largo, Rock Harbor, Big Pine Key, and Geiger Key. Such non -ad valorem assessments shall be levied within the County. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. 2. The County hereby determines that the levy of the assessments is needed to fund the cost of operations and maintenance for the canal restoration projects listed on Exhibit B. 3. Upon adoption, the County Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Monroe County Tax Collector, and the Monroe County Property Appraiser by January 10, 2018. 4. This Resolution shall be effective upon adoption. [The balance of this page intentionally left blank.] 1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the _ day of December 2017. Mayor George Neugent Mayor Pro Tern David Rice Commissioner Heather Carruthers Commissioner Danny L. Kolhage Commissioner Sylvia Murphy Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor 2 Exhibit A — Proof of Publication (Insert Proof of Publication) 3 Exhibit B — Legal Description of Areas KEY LARGO AREA That portion of the unincorporated area of Monroe County bounded on the west by Florida Bay, on the north by Latitude 25.291354, on the east by the Atlantic Ocean, and on the south by Tavernier Creek, in Monroe County, Florida. BIG PINE KEY AREA That portion of the unincorporated area of Monroe County bounded on the west by Pine Channel, on the east by Bogie Channel, on the north by the Florida Bay, on the south by Atlantic Ocean, on the Southeast by Spanish Harbor, and on the Southwest by Newfound Harbor Channel, all in Monroe County, Florida. GEIGER KEY AREA That portion of the unincorporated area of Monroe County bounded on the east by Similar Sound, on the west by Geiger Creek, on the south by the Atlantic Ocean, and on the north by Boca Chica Tidal Bay latitude 81 0 39'24.444 "W and longitude 24 0 35'6.195 "N. 4