Item C5'
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 14, 2016
Agenda Item Number: C.5
Agenda Item Summary #2368
BULK ITEM: DEPARTMENT:
No Sustainability
TIME APPROXIMATE:STAFF CONTACT:
Rhonda Haag (305) 453-8774
Not applicable
AGENDA ITEM WORDING:
Approval of a resolution directing staff to continue with
development of a program to collect special assessments and the creation of municipal service
benefit units (MSBUs) to collect funds to pay for ongoing operation and maintenance (O&M) costs
for existing canal water quality restoration projects.
ITEM BACKGROUND:
The Monroe County Board of County Commissioners has previously
approved restoration work totaling approximately $7 million to improve the water quality on the
following seven (7) canals as part of a pilot program to test the efficacy of the technologies: canals
29 (Key Largo); 83 (Rock Harbor); 266, 277, 287 and 290 (Big Pine Key); and 470/472 (Geiger
Key). The objective of the pilot program was to test the efficacy of four different types of
technologies (or combinations thereof) on the canals (backfilling, organic removal, air curtains, and
culverts) and use the improved canals as a predictor for the cost and water quality gains to be
achieved.
Without future operations and maintenance work, any gains accomplished by the restoration work
will slide backwards and be lost, the full value of the restoration work will not be realized, and it will
be impossible to measure the gains of the restoration work. All of the canals, with the exception of
the one canal that used only the backfilling technology (canal 29 in Key Largo), will require future
expenditure of funds to cover operations and maintenance costs.
The property owners on the canals where work was performed have already and will continue to
realize benefits as a result of the restoration work, including but not limited to gains in overall
appearance of their property, increase in property values, and improved use of the canals for fishing,
swimming and other recreational uses. It is therefore appropriate for the County to collect funds to
cover the cost of O&M from the property owners who realize the special benefits of the restoration
work in the form of special assessments, provided the cost is distributed so that they are fairly and
reasonably apportioned to the subject properties.
The County is authorized under Section 125.01(1)(q) to establish municipal service benefit units
within all or any part of the unincorporated county, within which may be provided essential facilities
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from funds derived from special assessments on the properties located within the municipal service
benefit unit (M
Staff hereby requests approval to move forward to develop a program for the collection of special
assessments from the Subject Properties abutting the canals in order to pay for the O&M work on the
canals, which steps will include a public hearing to approve an ordinance creating the MSBUs.
Staff also requests approval to take all steps necessary to bring back for approval a special
assessment program in accordance with Section 197.3632, Florida Statutes, which steps shall include
but not be limited to presentation of an Initial Assessment Resolution in Spring 2017 and
presentation of a Special Assessment Resolution in July or August 2017, both of which shall
delineate more specifically the specific properties to be levied and the amount of the assessment on
each property.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
Resolution for MSBU for O&M Costs for current demonstration canals
FINANCIAL IMPACT:
November 14, 2016
Effective Date:
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Current Year Portion: N/A
Budgeted: N/A Source of Funds:
CPI: N/A Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount:
Grant: N/A County Match: N/A
Insurance Required: N/A Additional Details:
REVIEWED BY:
Rhonda Haag Completed 11/05/2016 1:15 PM
Cynthia Hall Completed 11/05/2016 1:25 PM
Budget and Finance Completed 11/07/2016 10:21 AM
Maria Slavik Completed 11/07/2016 11:03 AM
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Kathy Peters Completed 11/07/2016 11:23 AM
Board of County Commissioners Pending 11/22/2016 9:00 AM
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RESOLUTION NO. _____ - 2016
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA DIRECTING STAFF TO
CONTINUE WITH DEVELOPMENT OF A PROGRAM TO
COLLECT SPECIAL ASSESSMENTS AND THE CREATION OF
MUNICIPAL SERVICE BENEFIT UNITS TO COLLECT FUNDS TO
PAY FOR ONGOING OPERATION AND MAINTENANCE COSTS
FOR EXISTING CANAL WATER QUALITY RESTORATION
PROJECTS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS
, the Monroe County Board of County Commissioners has previously
approved restoration work totaling approximately $7 million to improve the water quality on the
following seven (7) canals as part of a pilot program to test the efficacy of the technologies:
canals 29 (Key Largo); 83 (Rock Harbor); 266, 277, 287 and 290 (Big Pine Key); and 470/472
(Geiger Key); and
WHEREAS
, the objective of the pilot program was to test the efficacy of four different
types of technologies (or combinations thereof) on the canals (backfilling, organic removal, air
curtains, and culverts) and use the improved canals as a predictor for the cost and water quality
gains to be achieved; and
WHEREAS,
without future operations and maintenance work, any gains accomplished
by the restoration work will slide backwards and be lost; and
WHEREAS,
withoutfuture operations and maintenance work to maintain the gains
accomplished by the restoration work, the full value of the restoration work will not be realized,
and it will be impossible to measure the gains of the restoration work; and
WHEREAS,
all of the canals with the exception of the one canal that used only the
backfilling technology (canal 29 in Key Largo) will require future expenditure of funds to cover
operations and maintenance costs; and
WHEREAS
, the property owners on the canals where work was performed
have already and will continue to realize benefits as a result of the restoration work,
including but not limited to gains in overall appearance of their property, increase in property
values, and improved use of the canals for fishing, swimming and other recreational uses; and
WHEREAS,
it is appropriate for the County to collect funds to cover the cost of O&M
from the property owners who realize the special benefits of the restoration work in the form of
special assessments, provided the cost is distributed so that they are fairly and reasonably
apportioned to the subject properties; and
WHEREAS,
the County is authorized under Section 125.01(1)(q) to establish municipal
service benefit units within all or any part of the unincorporated county, within which may be
provided essential facilities from funds derived from special assessments on the properties
located within the municipal service benefit unit (MSBU); and
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WHEREAS,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that
:
1.The Board of County Commissioners hereby authorizes staff to move forward to develop
a program for the collection of special assessments from the Subject Properties abutting
the canals in order to pay for the O&M work on the canals.
2.The Board of County Commissioners of Monroe County, Florida hereby directs staff to
take the steps necessary to create one or more MSBUs consisting of the Subject
Properties abutting the current canal restoration projects within the pilot program for the
purpose of funding the O&M costs for those canals, which steps will include a public
hearing to approve an ordinance creating the MSBUs. Approval is hereby given to
advertise the public hearing of the ordinance, with the public hearing to be held in
December 2016.
3.The Board of County Commissioners of Monroe County, Florida hereby directs staff to
take all steps necessary to bring back for approval a special assessment program in
accordance with Section 197.3632, Florida Statutes, which steps shall include but not be
limited to presentation of an Initial Assessment Resolution in Spring 2017 and
presentation of a Special Assessment Resolution in July or August 2017, both of which
shall delineate more specifically the specific properties to be levied and the amount of the
assessment on each property.
4.This resolution shall take effect upon adoption.
PASSED AND ADOPTED
by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 14th day of November, 2016.
Mayor Heather Carruthers _____
Mayor Pro Tem George Neugent _____
Commissioner Danny Kolhage _____
Commissioner David Rice _____
Commissioner Sylvia Murphy _____
(SEAL)
ATTEST: BOARD OF COUNTY COMMISSIONERS
Clerk
AMY HEAVILIN, OF MONROE COUNTY, FLORIDA
By: ______________________________ By: _________________________________
Deputy Clerk Mayor
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