HomeMy WebLinkAboutS. Public HearingBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15.2010 Division: Administrator
Bulk Item: Yes _ No X Department: Wastewater
StaffContactPasan4onCW# hWood(292 -4525
AGENDA ITEM WORDING: Approval of a resolution renewing the intent to use the uniform
method to collect non -ad valorem special assessments toward the cost of providing wastewater utility
services to properties in Key Haven, Lower Sugarloaf through Big Pine Key, Long Key, and 3 parcels
on Boca Chica.
ITEM BACKGROUND: Florida Statute Section 197.3632 specifies that a public hearing to adopt a
resolution of intent to use the uniform method of collection for an assessment program must be held in
the calendar year prior to the collection. A notice of the public hearing has been advertised for four
consecutive weeks. The resolution of intent must be adopted by December 31, 2010 and sent to the
Monroe County Tax Collector, the Monroe County Property Appraiser, and the Florida Department of
Revenue by January 10, 2011.
PREVIOUS RELEVANT BOCC ACTION: On September 20, 2006, the BOCC entered into an ILA
with FKAA to administer, plan and develop a regional system for Upper Sugarloaf through
Summerland Keys. On April 16, 2008, the ILA was amended to cover from Lower Sugarloaf through
Big Pine Keys, and on August 3, 2009, to add 3 parcels on Boca Chica.
On November 20, 2007, the BOCC approved Resolution No. 568 -2007, with a notice of intent for the
non -ad valorem assessment program for properties in Lower Sugarloaf through Big Pine Keys, and
Long Key, but the assessment levy was delayed pending completion of the funding plan. On
December 17, 2008, the BOCC approved a similar resolution 515 -2008 for Key Haven, Lower
Sugarloaf through No Name, and Long Key, and on December 16, 2009, the BOCC approved Res. No.
463 -2009, for the same areas. No assessments were levied.
CONTRACT /AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: BUDGETED: Yes No
COST TO COUNTY:$
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
RESOLUTION NO. -2010
A RESOLUTION OF MONROE COUNTY, FLORIDA ELECTING
TO USE THE UNIFORM METHOD OF COLLECTING NON -AD
VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE
UNINCORPORATED AREA OF THE COUNTY; 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 for the provision of wastewater utility services; and
WHEREAS, the County intends to use the uniform method for collecting non -ad
valorem special assessments for the cost of providing wastewater utility services,
including both central sewer service and optional service for onsite systems in areas to
which central sewers will not be provided, for properties in Key Haven, Lower Sugarloaf
Key through No Name Key, Long Key, and three parcels on Boca Chica, authorized by
section 197.3632, Florida Statutes, as amended, because this method will allow such
special assessments to be collected annually commencing in November 2011, in the
same manner as provided for ad valorem taxes; and
WHEREAS, the County has advertised and held public hearings in the past three
years, adopting resolutions No. 568 -2007, 515 -2008, and 463 -2009, for intent to levy by
the uniform method of collection special assessments in the service areas; and
WHEREAS, the special assessments which those resolutions stated would be
collected by the County annually commencing in the following calendar years were never
levied; and
WHEREAS, the County intends to exercise in 2011 the previously declared intent
to use the uniform method of collecting non -ad valorem assessments as set forth in
Resolution 463 -2009;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Commencing with the Fiscal Year beginning on October 1, 2011 and
with the tax statement mailed for such Fiscal Year, 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 wastewater utility services. Such non -ad valorem assessments shall be levied
within Key Haven, Lower Sugarloaf Key through No Name Key, Long Key, and three
parcels on Boca Chica, including assessments for both central sewer service and
optional service for onsite systems in areas to which central sewers will not be provided.
A legal description of such area subject to the assessment is attached hereto as Exhibit B
and incorporated by reference.
Section 2. The County hereby determines that the levy of the assessments is
needed to fund the cost of wastewater utility services within the Key Haven, Lower
Sugarloaf Key through No Name Key, and Long Key Service Areas, as well as the
following three parcels on Boca Chica: RE 122870 - 000000, 122880 - 000000, 122890-
000000.
Res Intent to Use Uniform Method
For Special Assessments
Section 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, 2011.
Section 4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 15th day of December,
2010.
Mayor Heather Carruthers _
Mayor Pro Tern David Rice _
Commissioner Kim Wigington _
Commisioner George Neugent _
Commissioner Sylvia Murphy _
Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk
Mayor
Res Intent to Use Uniform Method
For Special Assessments
EXHIBIT A
PROOF OF PUBLICATION
Res Intent to Use Uniform Method
For Special Assessments
C UNTY oMONROE
KEY WEST FLORIDA 33040
(305)294 -4641
,
5�
Mayor Sylvia 1. Murphy,
District 5
Mayor Pro Tem Heather
Carruthers, District 3
Kim Wigington, District 1
George Neugent, District 2
Mario Di Gennaro, District 4
NOTICE OF INTENT TO USE UNIFORM METHOD
OF COLLECTING NON -AD VALOREM ASSESSMENTS
The Board of County Commissioners of Monroe County, Florida ( "the County") hereby provides
notice, pursuant to Section 197.3632(3)(x), Florida Statutes, of its intent to use the uniform
method of collecting non -ad valorem special assessments, for the cost of providing certain
wastewater capital improvements and connections, to be levied within the unincorporated area of
Monroe County encompassing the Key Haven, Lower Sugarloaf through Big Pine Key, No
Name Key and Long Key for the fiscal year beginning on October 1, 2011 and continuing each
year until discontinued by the County. The County will consider the adoption of a resolution
electing to use the uniform method of collecting such assessments authorized by Section
197.3632, Florida Statutes, at a public hearing to be held at 5:01 p.m. on December 15, 2010
in the Commission Chambers, Marathon Government Center, 2798 Overseas Highway,
Mile Marker 50, Marathon, FL. Such resolution will state the need for the levy and will contain
a legal description of the boundaries of the real property subject to the levy. All interested persons
are invited to attend.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal
any decision made by the Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for such purpose, he may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292 -4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than ten (10)
calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ".
Dated at Key West, Florida this 27` day of October, 2010.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
For Publication as a 3 x 5 display ad with border on the following dates
Key West Citizen (Su) 11/ 21/10,11/28/10,12 /5/10,12/12/10
Keynoter (Sa) 11/ 20/10,11/27/10,12 /4/10,12/11/10
Reporter (Fr) 11/ 19/10,11/26/10,12 /3/10,12/10/10
Res Intent to Use Uniform Method
For Special Assessments
11/30/2010 13:45 3052959778 KEY WEST CITIZEN PAGE 01/02
c
Cooke Communications, LLC
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FLORIDA KEYS OFFICES
Printing! Main Facility
3420 Northside Drive
Key West, FL
33040.1 800
Tel 30592.7777
Fax 305.294.0768
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Tel 305 - 292 -1880
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STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson,
who on oath says that he is Vice- President of Operations of the Key West
Citizen, a daily newspaper published in Key West, in Monroe County,
Florida; that the attached copy of advertisement, being a legal notice in the
matter of
4- 2 ?" . .9 / 0
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second -class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding
the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper,,, . ..I
Signature of ,Affiant
Sworn and subscribed before ine thi� day of / , 2010
Notary Public:
Marsha F. Kirkwood
MAR.R R! 4,11v, 0
� S '� � �'.'� • ,ijYiF,lir,rS115 '71]1
+A G IN N0 nonl.tll
Upper KOyts Office
91731 Overseas Hwy Expires: September 15, 2013 Notary Seal
Tavernier, FL 33070
Tel 305853 -7277
Fax 305. 853 -0556
tr&press @floridakWs,ccm
Personally Known x Produced Identification
Type of Identification Produced
was published in said newspaper in the issue(s) of
11/30/2010 13:45 3052959778 KEY WEST CITIZEN PAGE 02/02
NOTICE OF INTENTTO USE UNIFOAm METHOD
OF rQ LC TINr3 NON -AD VALORE
The Board of County Commissioners of Monroe county, Florida ("the County ") hereby provides notice,
pursuant Section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting
non -ad valorem special assessments, for the cost of providing certain wastewater capital improvements.
and connections, to be levied within the unincorporated area of Monroe County enoompasling the
Key Haden, Lower Sugarloaf through Big Plne.Key, No Name Key and Long Key for the fiscal
year beginning on October 1, 2oi 1 and continuing each year until discontinued by the County. The
County will consider the adoptlon of a resolution-electing to use the uniform method of collecting such
1 assessments authorized by Section 197.3632, Florida Statutes, at a public hearing to be held at
5:01 p.m. on December 15, 2010 in the Commisefon Chambers, Marathon Government Center,
2798 Overseas Highway, Mlle Marker 50, Marathon, FL Such resolution win state the- need for the
levy and will contain a legal descriplion of the boundaries of the real property subject to the levy. All
Interested persons are in to attend.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with `respect to any matter 'considered at such hearings or meetings,
he will need a record of the proceedings, and that for such purpose, he may need to ensure that a
verbatim record of the proceedings Is made, which record includes the testimony and evidence upon
which the appeal is to be based,
ADA ASSISTANCE. !f you are a PerW K*h a 6sabiAty who needs spedal,aoaomnrodatrons in
order to Participate M this Proceeding, please contact the County Administr doe d
(3a5) 292.444 between the h of 8:30 a. - 5..00 p,m., calendar ittos no later than five (5J W"03'
to the scheduled meeting; if you are hearing or voice innwired, call 71 f ". 1's prior
Dated at Kay West, Florida this 27th day of October, 2010.
DANNY L KOLHAGE, Clerk of the Clrcult Court
and sx Officio Clerk of the Board of County
Commissioners of Monroe County., Florida
�!r!1 i!! irp CoeMn 5 i 1�.. 4010 IOp WAI CJIb1M1 ..
EXHIBIT B
KEY HAVEN WASTEWATER SERVICE AREA
That portion of the unincorporated area bounded on the west by Florida Bay, on the east by
Atlantic Ocean, on the north by Florida Bay, and on the south by US1 and Stock Island (between
MM 5.5 and 6.0), Monroe County, Florida.
LOWER SUGARLOAF THROUGH NO NAME KEY WASTEWATER SERVICE AREA
That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound, on the
east by Big Spanish Channel and Bahia Honda Channel, on the north by Florida Bay, and on the
south by Atlantic Ocean (between MM 16.5 and 35), Monroe County, Florida.
LONG KEY SERVICE AREA
That portion of the unincorporated area bounded on the west by Long Key Viaduct, on the east by
Channel 5, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 65 and
71), Monroe County, Florida.
BOCA CHICA
The following parcels identified by RE number: RE 122870 - 000000, RE 122880 - 000000, RE
122890 - 000000.
Res Intent to Use Uniform Method
For Special Assessments 5