Item P3C oun t y of Monr
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
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Mayor Pro Tern Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: P.3
Agenda Item Summary #3552
BULK ITEM: No DEPARTMENT: 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 2018.
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. 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 purpose of this resolution is only to meet the County's statutory notice requirements under F.S.
197.3632(3)(a), and to preserve the County's right to collect special assessments beginning in
November 2018. This 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 is simply reserving the right to use the tax bill
collection method beginning in November 2018. Collection of the assessments cannot 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 a resolution announcing the County's intent 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 2018.
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 2018 and presentation of a Final Special
Assessment Resolution in July or August 2018, 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:
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:
Stamped 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
11/17/2017 1:39 PM
Cynthia Hall
Completed
11/17/2017 2:24 PM
Budget and Finance
Completed
11/17/2017 3:00 PM
Maria Slavik
Completed
11/17/2017 3:01 PM
Kathy Peters
Completed
11/21/2017 3:54 PM
Board of County Commissioners
Pending
12/13/2017 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.]
F11
P.3.a
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 David Rice
Mayor Pro Tern Sylvia Murphy
Commissioner Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner George Neugent
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Deputy Clerk
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Mayor
MONROE COUNTY ATTORNEY
AP ROV D AS FORM:
YNTHIA ..HALL
,,SS1STANT ATTORNEY
Date---
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Racket Pg. 2555
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, 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.
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