Item O43
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: O.4
Agenda Item Summary #2437
BULK ITEM: DEPARTMENT:
No Sustainability
TIME APPROXIMATE:STAFF CONTACT:
Rhonda Haag (305) 453-8774
3:00 PM
AGENDA ITEM WORDING:
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 on Big Pine Key, Geiger Key and Key Largo; stating a need for
such levy; providing for the mailing of this resolution; and providing for an effective date.
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 2017.
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, Key Largo); 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.
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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
from funds derived from special assessments on the properties located within the municipal service
l facilities
Staff hereby requests approval at this public hearing
to collect non-ad valorem special assessments from the Subject Properties abutting the canals#83
Rock Harbor Key Largo; 470/472 Geiger Key; and 266, 277, 287 and 290 in Big Pine Key in order
to pay for the operations and maintenance work on the canals, starting in November 2017.
Staff will 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 Final 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:
11/14/16:
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.
CONTRACT/AGREEMENT CHANGES:
Not Applicable
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
Resolution of Intent - Monroe County MSBU for Canals
FINANCIAL IMPACT:
Effective Date: December 14, 2016 Expiration Date: N/A
Total Dollar Value of Contract: N/A Total Cost to County: $0
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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 11/29/2016 12:47 PM
Cynthia Hall Completed 11/29/2016 1:02 PM
Budget and Finance Completed 11/29/2016 2:24 PM
Maria Slavik Completed 11/29/2016 2:24 PM
Kathy Peters Completed 11/29/2016 3:12 PM
Board of County Commissioners Pending 12/14/2016 9:00 AM
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RESOLUTION NO.________________ - 2016
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 CountyCounty
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 2017;
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
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, 2017, 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, 2017.
4. This Resolution shall be effective upon adoption.
[The balance of this page intentionally left blank.]
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PASSED AND ADOPTED
by the Board of County Commissioners of Monroe County,
th
Florida, at a regular meeting of the Board held on the 14 day of December, 2016.
Mayor George Neugent ____
Mayor Pro Tem 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
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Exhibit A Proof of Publication
(Insert Proof of Publication)
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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, in Monroe County, Florida.
GEIGER KEY AREA
That portion of the unincorporated area of Monroe County bounded on 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°39'24.444"W and longitude 24°35'6.195"N.
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