Item C23 C.23
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: C23
Agenda Item Summary #5503
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert(305) 292-3470
No
AGENDA ITEM WORDING: Approval of Resolution adopting the tentative Duck Key Security
District non ad valorem special assessment rates for Fiscal Year 2019-2020.
ITEM BACKGROUND: The Duck Key Security District Advisory Board (DKSDAB)voted at its
March 5, 2019 meeting to increase the special assessments for unimproved and improved lots by
10% (see pg. 2 of the attached meeting minutes). The DKSDAB again considered the increase of the
special assessment at its May 7th meeting. A motion to rescind the 10%increase approved at the
March 5th 2019 meeting failed 4-3, so the March 5th recommendation to increase the special
assessment by 10% stands. Ordinance 005-1992 establishing the Duck Key Security District allows
a ten percent(10%)increase over the previous year or increases to no more than $300.00 per
improved lot or $30.00 per unimproved lot without the need for a referendum. The initial special
assessment was set at $200.00 per improved lot and $20.00 per unimproved lot and was increased by
10% for the first time for FY 17, raising the assessment to $220.00 per improved lot and $22 per
unimproved lot. The rates were again increased by 10% (it is slightly less for round number
purposes) for FY 18, raising the assessment to $242 per improved lot and $24 per unimproved lot.
The special assessment for FY 19 was increased and approved at $266 per improved lot and $26 per
unimproved lot. The tentative special assessment rate for FY 20, as recommended by the advisory
board, is $292 per improved lot and $28 per unimproved lot.
PREVIOUS RELEVANT BOCC ACTION: The BOCC established the Duck Key Security
District in 1992 and adopted Ordinance No. 005-1992.
The BOCC enacted Ordinance No. 012-1994 June 16 ', 1994.
The BOCC enacted Ordinance No. 001-2009 January 28, 2009.
The BOCC enacted Ordinance No. 016-2014 September 17, 2014.
The Board approved Resolution No. 119-2016 adopting the tentative rate of$220 per improved lot
and $22 per unimproved lot for FY 2016-2017 on May 24th, 2016 and Resolution No. 168-2016
adopting the final rate at a Public Hearing held at its September 12th, 2016 meeting.
The Board approved Resolution No.122-2017 adopting the tentative rate of$242 per improved lot
and $24 per unimproved lot for FY 2017-2018 on May loth, 2017 and Resolution No. 228-2017
adopting the final rate at a Public Hearing held at its September 27, 2017 meeting.
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C.23
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve resolution setting tentative rate.
DOCUMENTATION:
Resolution adopting tenative rates for FY 20 (Rev 5 7 19 corrected yr in header)
DKSAB minutes 3-5-2019 Excerpt 10%increase FY20
Resolution 226-2018 Adopting Final Special Assessment
FINANCIAL IMPACT:
Effective Date: 10/1/19
Expiration Date: 9/30/20
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
10/01/19 311-55012 - DUCK KEY SPECIAL ASSMT $117,000.00
REVIEWED BY:
Bob Shillinger Completed 05/07/2019 2:03 PM
Christine Limbert Completed 05/07/2019 2:51 PM
Budget and Finance Completed 05/07/2019 3:56 PM
Maria Slavik Completed 05/07/2019 3:56 PM
Kathy Peters Completed 05/07/2019 8:47 PM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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C.23.a
RESOLUTION NO. -2019
as
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, ADOPTING THE
TENTATIVE DUCK KEY SECURITY
DISTRICT NON AD VALOREM SPECIAL 0
ASSESSMENT RATES FOR FISCAL YEAR <
2019-2020.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF U)
MONROE COUNTY, FLORIDA as follows:
1. The Board hereby adopts the following tentative non ad valorem
special assessment rates for the Duck Key Security District for fiscal
year 2019/2020:
$292.00 per improved lot;
$28.00 per unimproved lot.
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2. The Board hereby directs the Monroe County Clerk to transmit this
executed Resolution to the Monroe County Property Appraiser and
Monroe County Tax Collector. 2
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the 22nd day of May 2019. >
Mayor Sylvia Murphy cv
Mayor Pro Tem Danny L. Kolhage
Commissioner Heather Carruthers 0
Commissioner Michelle Coldiron U)
Commissioner David Rice
as
(Seal) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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By: By: a
Deputy Clerk Mayor Sylvia Murphy
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C.23.b
DUCK KEY SECURITY DISTRICT ADVISORY BOARD
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Minutes of March 5, 2019
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BOARD MEMBERS PRESENT
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Sylvia Hernandez, Chair
Rick Sherman,Vice Chair
Laurie Oestreicher, Secretary
Van Waddill
Dave Maki
Bill Grayden
BOARD MEMBERS ABSENT:
Philip Kircher
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QUORUM PRESENT:
Yes
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OTHERS PRESENT:
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Capt. Hiller, MCSO
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Sgt. Trevor Wirth, MCSO cu
Lt. Derek Paul, MCSO
Simon Leird, Keys Security
Residents:
Ron Oestreicher, DKPOA
Stormy Hayes
Michael Solomon
Ellen Tanis cv
Bill Tanis
David Williamson U)
Jon Porter
Thomas Merryman
Terry Regelmann
Margie Casey w
Dennis Casey
Fritz Anderson
Bobbie Hagel
Carrie Delbecg
Mona Barnes
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C.23.b
this time and would be aware of issues and take care of them. Sylvia gets daily reports
from Simon Leird and has knowledge of Keys Securities reports of any incidents. It was
asked these reports be brought to the future DKSAB meetings. Residents asked what the
current contract cost is, and it was announced it is $60,000 yearly, currently $17.00 an
hour for their service. Rick Sherman advised all that costs were looked at years ago of
having Keys Security or a dedicated and paid for Police presence, and the Police would cost A
the same with approximately 1/3 of the current hours covered. Discussion ensued about
the cost of"off-duty"police patrols for Duck Key. Capt. Hiller advised it would be
"volunteer" only basis, and at this point they would not have the manpower to cover our
hourly needs. The off-duty policemen will only take the hours they want to cover and
during holidays they would not be available due to County needs of manpower. Rick
Sherman advised all the Keys Security has "stepped up their game"and is a value to Duck
Key. If there is concern in the future,the current contract can be cancelled by either party
within 60 days. Michael Solomon asked if we could not have some type of Security system
more high-tech. Sylvia H. responded we have cameras on all the bridges and tag readers,
what more would be needed?
There was discussion about arming the Keys Security personnel. Simon L. responded that
he doesn't want his guards with guns. Capt. Hiller advised the Keys Security people would
need permits to carry guns, as well as different training and a class 3 license with different
restrictions. It was then asked if the Keys Security team should take lessons on how to
patrol the Island, as the MCSO patrol goes slower, watches the cars coming in and out of the 0
Island more thoroughly, etc. David Williamson proposed that DKSAB contract for a
dedicated Deputy for the Island instead of Keys Security. Capt. Hiller advised he could not
supply an officer at this point, due to his current open positions,but he could "post"for the
job for "Off-Duty Officer", costing$45.00 hourly, but he could not guarantee that an Officer 0
would accept the job. Capt. Hiller suggested DKSAB contact Sheriff Ramsey for further
discussion, and thought this would require legislation.
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MOTION: Rick Sherman motioned for a vote to extend Keys Security current contract for 1
year, and explore ideas of a dedicated Deputy for Duck Key with Sheriff Ramsey. Bill
Grayden seconded.
MOTION CARRIED
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Action requested: 10%increase in non-ad valorem property tax.
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MOTION: Rick Sherman motioned for a vote to decline to ratify the increase. Laurie
Oestreicher seconded the motion.
For: Laure Oestreicher
For: Rick Sherman
Against: David Maki
Against: Bill Grayden
Against: Sylvia Hernandez
Against:Van Waddill
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C.23.b
MOTION DECLINED
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MOTION: Sylvia H. motioned for a vote to increase the property tax by 10%.
Against: Rick Sherman
Against: Laurie Oestreicher
For: David Maki A
For: Bill Grayden
For: Sylvia Hernandez
For: Van Waddill
MOTION CARRIED
STRATEGIC PLANNING MEETING
At this point the general meeting ended, and the Strategic Planning meeting began.
Rick Sherman reviewed for the group the Mission of DKSAB as approved by the board 4
years ago.
Rick S. informed all he had written to County Attorney Shillinger asking for clarification on
the purpose of DKSAB. Bob Shillinger replied that there were three options: 0
1. Continue with the Ordinance "as is"
2. Tweak the Ordinance to include safety in the definition of security
3. Ask for an amendment to broaden the scope
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There was discussion on security versus safety, and whether we wanted to ask the County
Attorney to clarify the matter. We would come back to this issue in a future meeting.
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PRIORITIES:
Discussion concerning the breakwater damage caused by Hurricane Irma and repairs
needed. Sylvia H.thought that since there are environmental concerns,there is a possibility
the County could find a grant to pay for it. She had researched available grants, found some
that might be appropriate, and emailed them to John Schwarz. She also pointed out that
DKSAB available funds would not go very far to pay for the breakwater. David Williamson
pointed out that Attorney Bob Shillinger had told him in writing that he did not think it
would be an appropriate use of the security funds.
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Rick Sherman suggested we should list project to spend funds on, both capital and
is
recurring.
Listed for future discussion:
-Full time Police for Duck Key
-Breakwater repair
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C.23.c
Resolution No. 226 -2018 a�
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORDIA, ADOPTING THE FINAL DUCK KEY .
SECURITY DISTRICT NON AD VALOREM SPECIAL ASSESSMENT RATES A
FOR FISCAL YEAR 2018-2019
a
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA as
follows:
1. The Board hereby adopts the following final non ad valorem special assessment rates for the Duck
Key Security District for fiscal year 2018/2019:
$266.00 per improved lot;
$26.00 per unimproved lot.
2. The Board hereby directs the Monroe County Clerk to transmit this executed Resolution to the
Monroe County Property Appraiser and Monroe County Tax Collector.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting
of said Board held on the 4th day of September 2018.
Mayor David Rice Yes
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Mayor Pro Tern Sylvia Murphy Yes
Commissioner Danny L. Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner George Neugent Yes E
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BOARD OF COUNTY COMMISSIONERS OF U)
MONROE COUNTY, FLORIDA @
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Mayorcm
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,. NAtte"st:'Kevin Madok,Clerk -P
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By: ter, .. �
Deputy Clerk �C`' � .
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MONROE COUNTY ATTORNEY .
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CHRISTINE LIMBERT-BARROWS
ASSISTANT OUNTY ATrORNEY
DATE: I tin
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C.23.c
CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLLS
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I, the undersigned, hereby certify that, I am the Chair of the Board or authorized
agent of the Monroe County Board of County Commission located in Monroe County,
Florida; as such I have satisfied myself that all property included or includable on the
Duck Key Security Non-Ad Valorem Assessment Roll for the aforesaid county is
properly assessed so far as I have been able to ascertain; and that all required
extensions on the above described roll to show the non-ad valorem assessments
attributable to the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment
Collection Act, this certificate and the herein described Non-Ad Valorem Assessment
Roll will be delivered to the Monroe County Tax Collector by September 14, 2018.
IN WITNESS WHEREOF, I have subscribed this certificate and caused the same
to be attached to and made a part of the above described Non-Ad Valorem Assessment
Roll this 4th day of September 2018.
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Monroe County Board of County Commission
Monroe County, Florida
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Chair
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C.23.c
KEY wE,S'C
9jEN
The Florida Keys Only Daily Newspaper, Est 1876 RECEIVED
PO Box 1800,Key West FL 33041
P.,(305)292-7777 ext 219 F'(305)295-8025 q
lega/s@keysnews.com AUG 15 2018
MONROE COUNTY BD OF COMMISSIO MONROE COUNTY ATTORNEY
PO BOX 1026
KEY WEST FL 33041-1026
Account: 138472 Ticket: 246474
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
[legal.
COUNTY OF MONROE -
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Before the undersigned authority personally appeared
, r �' yeS who on oath says that he or she is
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' of the Key West Citizen, a daily
newspaper public ed in K West, in Monroe County, Florida;that the attached4,;
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of: NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR
COLLECTION OF DUCK KEY SECURITY SERVICES SPECIAL ASSESSI u) i
Wednesday,August 1,2018 Notice is hereby given that the County Commission,Monroe County,Flor II
conduct a public hearing to consider reimposing security services assessm r
the Fiscal Year beginning October 1,2018,against certain improved and unin i
properties located within Duck Key,to fund the cost of security services p i
Affiant further says that the Key West Citizen is a newspaper published in Key to such properties and to authorize collection of such assessments on the to
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day,and The public hearing will be held at 5:05 p.m.on September 4,2018,at the I
E.Nelson Government Center,102050 Overseas Highway,Key Largo,FL 331 t) r
has been entered as periodicals matter at the post office in Key West, in said the purpose of receiving public comment on the proposed assessments.All t u) i
Monroe County, Florida,for a period of 1 year next preceding the first publication property owners have a right to appear at the hearing and to,file written ob, s
of the attached copy of advertisement;and affiant further says that he or she has with the County Commission within 20 calendar days of the date of this
neither paid nor promised any person,firm or corporation any discount, rebate, Pursuant to section 286.0105, Florida Statutes,notice is given that if a i
decides to appeal any decision made by the County Commission with respec 0 y
commission or refund for the purpose of securing this advertisement for publics- matter considered at the'heering,such person will need a record of the prod 91 s
tion in a said news a and may need to ensure that a verbatim record is made,including the testiml f
evidence upon'which the appeal is to be made. In accordance with the Arr M s
with Disabilities Act,persons needing a special accommodation or an inti L- r
to participate in this proceeding should contact the County Administr t
(Sig re of.Affiant) (305) 292-4441, at least 48 hours prior to the date of the hearing. If I
impaired,'dial"711"for assistance.
Affix ed d bsc Ib efore me-this 5th day of August 2018 * 91
The annual Duck Key security assessment is based on the nm 0 f
/ y improved or unimproved lots contained within the Duck Key Security Distri 3
�� •• e�, total annual assessment revenue to be collected within Duck Key for the up I
( P lic ture '�bN �� fiscal year is estimated to be$96,000.The Duck Key Security District Advisor 00i
has recommended an Increase in the annual budget and annual assessme s
for the fiscal year beginning October 1,2018,from the current rates of V C4 r
improved lot and$24 per unimproved lot,to$266 per Improved lot and; r.
(Notary P m lic Printed ae (Notary Sea[) unimproved lot. qy
Copies of the legal documentation for the assessment program are avaR 0 r
My commission expires 2Z inspection at the County Administrator's office, located at the Gato E I,
2nd Floor,1100 Simonton Street,Key West,Florida.
If you have any questions,please contact the County at(305)292-4432, y
Personally Known X Produced Identification_ through Friday between 8:30 a.m.and 5:00 p.m.
The assessments will be collected on the ad valorem tax bill to be m n
Type of Identification Produced November,2018,as authorized by section 197.3632,Florida Statutes.Failur 4) y
the assessments will cause a tax certificate to be issued against the propert E h
may result In a loss of title.
BOARD OF COUNTY COMMIS: 3
August 1,2018 Key West Citizen MONROE COUNTY,I 4
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