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Item P1 P.1 G 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 July 17, 2019 Agenda Item Number: P.1 Agenda Item Summary #5752 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 1:30 pm public hearing AGENDA ITEM WORDING: A public hearing to consider adoption of an Initial Assessment Resolution for Monroe County, Florida to collect special assessments within the Monroe County Canals Municipal Services Benefit Unit (MSBU) to pay for ongoing operation and maintenance (O&M) costs for existing canal water quality restoration projects on Canal 266 on Big Pine Key; stating a need for such levy; setting a public hearing for adoption of a Final Assessment Resolution (FAR); providing for mailed and published notice of the public hearing on the FAR; and providing for an effective date. ITEM BACKGROUND: In April 2019, after a public hearing, the Monroe BOCC approved adoption of an Initial Assessment Resolution (IAR) (Resolution No. 121-2019) for Monroe County, Florida, to collect special assessments within the Monroe County Canals Municipal Services Benefit Unit (MSBU) to collect funds to pay for ongoing operation and maintenance (O&M) costs for existing canal water quality restoration projects on Canal 266 on Big Pine Key. The IAR based assessments on a cost per lot. Shortly after the meeting, the residents on the canal requested that the County consider imposing the assessment on a "per parcel" basis, rather than "per lot." There are 41 lots on the canal, combined into 28 parcels. At the May 2019 BOCC, the BOCC rescinded Resolution No. 020-2019. The IAR has been subsequently revised to modify the assessment to be applied by "parcel" rather than by "lot". The term of the assessment remains at 20 years and provides for a "full" benefit in terms of operations and maintenance levels. The benefit includes the cost of electricity to run the air curtain, a regular repair and maintenance program, and replacement cost of the equipment. The attached IAR, if approved, would collect annual special non-ad valorem assessments of $1,247.95 (which translates to $104.00 per month per parcel) to pay for ongoing operations and maintenance costs. The assessment includes funds for replacement costs of the equipment. (The capital life expectancy of the equipment is currently projected to be 7-10 years.) The IAR also sets a public hearing for adoption of a Final Assessment Resolution (FAR); provides for mailed and published notice of the public hearing on the FAR; and provides for an effective date. Packet Pg. 3078 P.1 If approved, a Final Assessment Resolution will be presented to the BOCC for approval in a public hearing (the revised target date is the August 21, 2019 meeting in Key West). PREVIOUS RELEVANT BOCC ACTION: 10/18/2017: BOCC adoption of Monroe County Ordinance No. 021-2017, creating and establishing the Municipal Service Benefit Unit (MSBU) and authorizing the levy and collection of special assessments for canal restoration projects. 1/23/2019: BOCC adoption of Resolution No. 033-2019, providing notice of intent to use uniform method of collecting non-ad valorem special assessments beginning in October 2019. 4/17/2019, item P.5: BOCC adoption of an Initial Assessment Resolution (Resolution No. 121- 2019) for Monroe County, Florida, to collect special assessments within the Monroe County Canals Municipal Services Benefit Unit (MSBU) to collect funds to pay for ongoing operation and maintenance (O&M) costs for existing canal water quality restoration projects on Canal 266 on Big Pine Key; stating a need for such levy; setting a public hearing for adoption of a Final Assessment Resolution (FAR); providing for mailed and published notice of the public hearing on the FAR; and providing for an effective date. 6/19/2019,item P.2: Rescission of Initial Assessment Resolution adopted 4/17/2019. CONTRACT/AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATION: Approval. DOCUMENTATION: Monroe County Canal IAR Canal 266 MSBU 6.28.2019 FINANCIAL IMPACT: Effective Date: July 17, 2019 Expiration Date: (20 year assessment period) 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: Packet Pg. 3079 P.1 REVIEWED BY: Cynthia Hall Completed 06/28/2019 2:55 PM Rhonda Haag Completed 06/28/2019 2:58 PM Budget and Finance Completed 07/01/2019 9:35 AM Maria Slavik Completed 07/01/2019 10:09 AM Kathy Peters Completed 07/01/2019 10:23 AM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 3080 P.1.a C) 0 0 U) U) U) 4) U) U) a 4— MONROE COUNTY, FLORIDA r_ 0 0 0) a E MONROE COUNTY CANAL RESTORATION OPERATIONS AND MAINTENANCE SERVICES ASSESSMENT PROGRAM Co INITIAL ASSESSMENT RESOLUTION Co CANAL 266 t� t� ADOPTED DULY 17, 2019 1 Packet Pg. 3081 P.1.a TABLE OF CONTENTS PAGE ARTICLE I AUTHORITY, DEFINITIONS AND LEGISLATIVE FINDINGS SECTION 1.01. AUTHORITY.................................................................................. 3 SECTION 1.02. DEFINITIONS................................................................................4 SECTION 1.03. INTERPRETATION.......................................................................7 SECTION 1.04. FINDINGS ...................................................................................... 7 U) U) ARTICLE II 0 NOTICE AND PUBLIC HEARING SECTION 2.01. PUBLIC HEARING........................................................................ 9 SECTION 2.02. NOTICE BY PUBLICATION........................................................ 9 SECTION 2.03. NOTICE BY MAIL ........................................................................ 9 ARTICLE III PROPOSED ASSESSMENT AREAS Cm SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREAS......... 10 ARTICLE IV 2 MAINTENANCE ASSESSMENTS SECTION 4.01. ESTIMATED MAINTENANCE COST....................................... 10 SECTION 4.02. IMPOSITION OF MAINTENANCE ASSESSMENTS............... 11 Co SECTION 4.03. COMPUTATION OF MAINTENANCE ASSESSMENTS ........ 11 SECTION 4.04. MAINTENANCE ASSESSMENT ROLL ................................... 12 � Co Co ARTICLE V GENERAL PROVISIONS SECTION 5.01. METHOD OF COLLECTION ..................................................... 12 SECTION 5.02. SEVERABILITY.......................................................................... 12 SECTION 5.03. CONFLICTS................................................................................. 12 SECTION 5.04. EFFECTIVE DATE...................................................................... 12 t� APPENDICES: t� APPENDIX A: FORM OF NOTICE TO BE MAILED......................................... 13 APPENDIX B: FORM OF NOTICE TO BE PUBLISHED .................................. 15 APPENDIX C: LEGAL DESCRIPTION OF PARCELS BY ASSESSMENT AREA........................................................... 17 APPENDIX D: LIST OF PARCELS BY ASSESSMENT AREA......................... 19 2 Packet Pg. 3082 P.1.a MONROE COUNTY, FLORIDA RESOLUTION NO. - 2019 t� A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, 0 RELATING TO THE CANAL RESTORATION PROGRAM; IMPOSING ANNUAL MAINTENANCE ASSESSMENTS FOR PROPERTIES LOCATED WITHIN THE MONROE COUNTY CANAL 266 MUNICIPAL SERVICE BENEFIT U) U) UNIT; ESTABLISHING LEGISLATIVE FINDINGS 0 DETERMINING THAT SUCH REAL PROPERTY WILL DERIVE A SPECIAL BENEFIT FROM THE CANAL RESTORATION ACTIVITIES AND THE ONGOING OPERATIONS AND MAINTENANCE THEREOF AND 0 THE REASONABLE APPORTIONMENT OF THE r_ ASSESSMENT; ESTABLISHING THE TERMS AND CONDITIONS OF THE PROPOSED SPECIAL ASSESSMENT, INCLUDING ADMINISTRATIVE AND COLLECTION COSTS; ESTABLISHING THE AMOUNT 0 AND TERM OF THE ANNUAL CANAL OPERATIONS AND OPERATION ASSESSMENT FOR EACH PARCEL OF PROPERTY TO BE ASSESSED BASED ON THE 2 METHODOLOGY SET FORTH HEREIN; DIRECTING PREPARATION OF THE ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND co PROVIDING AN EFFECTIVE DATE. co BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF to MONROE COUNTY, FLORIDA,AS FOLLOWS: to ARTICLE I AUTHORITY, DEFINITIONS, LEGISLATIVE FINDINGS SECTION 1.01. AUTHORITY. This resolution is adopted pursuant to the t� provisions of Article VIII, Section 1 of the Florida Constitution; Sections 125.01 and 0 125.66 of Florida Statutes, which grant to a board of county commissioners all 0 powers of local self-government to perform county functions and to render services 0 for county purposes in a manner not inconsistent with general law; Monroe County Ordinance No. 021-2017 ("Ordinance") creating and establishing the Monroe 3 Packet Pg. 3083 P.1.a County Canals Municipal Service Benefit Unit ("MSBU"); and other applicable cm provisions of law. Section 1.02. DEFINITIONS. This resolution constitutes the Initial Assessment 2 0 Resolution as defined in the Ordinance. Any capitalized words and terms not defined herein shall have the meaning ascribed to such terms in the Ordinance. Unless the U) U) context indicates otherwise, words imparting the singular number including the U) plural number, and vice versa. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. 0 r_ "Annual Maintenance Assessment" means the amount computed for each Parcel pursuant to Section 4.03 hereof. 0 0) E "Assessment Area" means a geographic area created by this Resolution, which is a sub-unit of an MSBU, containing properties that specially benefit from a Local Improvement, service, facility or program. "Assessment Coordinator" means the person designated by the County to co be responsible for coordinating the Assessments, or such person's designee. co "Board" means the Board of County Commissioners of Monroe County, cm Florida. c� "Canal Improvements" means canal restoration activities performed within each of the canals within the MSBU as part of a Local Improvement as defined in the Ordinance, including but not limited to organic removal, backfilling, c� installation of air curtains, and installation of culverts, or any combination thereof. 0 r_ 0 "County" means Monroe County, a political subdivision of the State of Florida. "County Administrator" means the chief executive officer of the County, 4 Packet Pg. 3084 P.1.a or such person's designee. cm "Final Assessment Resolution" means the resolution described in Sections 3.02 and 3.06 of the Ordinance that imposes the Assessments within the Assessment 2 0 U) Area. "Fiscal Year" means the period commencing on October 1 of each year and E U) U) continuing through the next succeeding September 30, or such other period as may U) be prescribed by law as the fiscal year for the County. 4- 0 "Government Property" means property owned by the United States of r_ America or any agency thereof, the State of Florida or any agency thereof, a county, a special district or a municipal corporation. 0) a E "Local Improvement" means a capital improvement constructed or installed by the County for the special benefit of a neighborhood or other local area, for which special assessments are imposed pursuant to the Ordinance. co "Lot" means a building lot described on a map or plat recorded in the County's Official Records on or prior to the effective date of the Final Assessment co Resolution or any subsequent Annual Assessment Resolution. cm "MSBU" means the Monroe County Canals Municipal Service Benefit Unit described in the Ordinance. "Maintenance" or "Maintenance Activities" means the ongoing operations and maintenance of the canal improvements, including but not limited to 0 t� 0 electrical service to operate air curtains and other electrical equipment, regular upkeep, and minor repairs. "Maintenance Assessment" means an annual special assessment imposed against real property located within the MSBU to fund the Maintenance Activities, 5 Packet Pg. 3085 P.1.a and related expenses, computed in the manner described in Section 4.03 hereof. cm "Maintenance Assessment Collection Cost" means the estimated cost to be c� incurred by the County during any Fiscal Year in connection with the administration 0 of the Maintenance Assessment program and collection of the Maintenance Assessment, and shall consist of an internal administrative fee in the amount of five U) U) percent(5%) of the Maintenance Costs; external consultant administrative fee; and a U) commission paid to the Tax Collector, authorized per F.S. 192.091(2)(b), all 4- distributed on a per Tax Parcel basis. 0 "Maintenance Assessment Roll" means a non-ad valorem assessment roll 0 relating to the Maintenance Cost of the Maintenance Activities and related expenses. 0 CD a E "Maintenance Assessment Statutory Discount Amount" means the amount computed for each Parcel pursuant to Section 4.03 hereof. "Maintenance Cost" means all or any portion of the expenses that are co properly attributable to the Operations and Maintenance under generally accepted accounting principles,including,without limiting the generality of the foregoing,the co cost of ongoing operations and maintenance of the canal improvements, including cm but not limited to electrical service to operate air curtains and other electrical equipment; repair and maintenance of the air curtain equipment, replacement of the air curtain equipment; and similar services. "Maintenance Cost"is synonymous with "Service Cost" as defined in the Ordinance. 0 c� "Ordinance" means Monroe County Ordinance No. 021-2017, the Canal 0 Restoration Program Assessment Ordinance. "Property Appraiser" means the Monroe County Property Appraiser. 6 Packet Pg. 3086 P.1.a "Tax Parcel" means a parcel of real property to which the Property cm Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll 0 maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of 4- non-ad valorem Assessments on the same bill as ad valorem taxes,and any applicable 0 regulations promulgated thereunder. 0 SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, 0 0) E words importing the singular number include the plural number, and vice versa. The terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; the term "hereafter" means after; and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the co correlative words of the other gender, unless the sense indicates otherwise. co SECTION 1.03. FINDINGS. It is hereby ascertained, determined and cm declared that: c� (A) The Board of County Commissioners of Monroe County,Florida,has enacted the Ordinance in order to provide for the creation of a municipal service benefit unit and to authorize the imposition of Assessments to fund the Maintenance t� of Local Improvements that serve and specially benefit the property located therein. 0 0 (B) The Canal Improvements constitute a Local Improvement, as defined in the Ordinance, and Maintenance constitutes a related service. (C) All properties within the Assessment Area that have received an air 7 Packet Pg. 3087 P.1.a curtain will require continued operation of the air curtain in order to maintain the cm benefits achieved by these types of technology. All Lots and Tax Parcels within the MSBU that have received any this technology will also benefit from Maintenance of 2 0 the Local Improvements. Without Maintenance of the Local Improvements, the gains achieved through improvement in water quality within the benefitted Lots and U) U) Tax Parcels by the Canal Improvements will be lost. U) (D) The Board desires to create the Assessment Area and to collect 4- Maintenance Assessments in order to fund Maintenance Costs. 0 r_ (E) The Canal Improvement, and the related Maintenance Activities, 0 provide a special benefit to the properties located within the Assessment Area, by 0 0) E protecting and enhancing their value, use and enjoyment;promoting health, welfare, convenience and safety for all assessed property owners in the Assessment Area; stabilization of or increase in property values; established and preserving water CO access to all properties within the Assessment Area; and improved appearance of the Assessment Area. CO (F) The Board hereby finds and determines that the Assessments to be cm imposed in accordance with this Resolution provide an equitable method of funding the Maintenance of the Local Improvements by fairly and reasonably allocating the cost to specially benefitted property. (G) The Board hereby finds that each property within the proposed 0 0 MSBU will be benefited by the Maintenance of the Local Improvements in an 0 amount not less than the Assessment imposed against such property, computed in the manner set forth in this Resolution. a, (H) The Maintenance Assessment will be implemented to provide for 8 Packet Pg. 3088 P.1.a mandatory payment of the annual Maintenance Costs by all Tax Parcels within the cm MSBU. ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. PUBLIC HEARING. A public hearing will be conducted by the Board at 1:30 P.M., or as soon thereafter as the matter can be heard, on August 21, U) U) U) 2019, at the Harvey Government Center, 1200 Truman Avenue,2nd Floor,Key West, Florida, 33040 to consider adoption of a Final Assessment Resolution that will (A) , 0 r_ create Assessment Areas, (B) impose Assessments, and (C) authorize collection of 0 the Assessments pursuant to the Florida Uniform Assessment Collection Act. 0 CD SECTION 2.02. NOTICE BY PUBLICATION. Upon completion of the initial E a� Assessment Roll, the Assessment Coordinator shall publish a notice of the public hearing on adoption of a Final Assessment Resolution as authorized by Section 2.01 hereof in the manner and the time provided in Section 3.04 of the Ordinance and co Section 197.3632. Such notice shall be in substantially the form attached hereto as co Appendix A. cm SECTION 2.03. NOTICE BY MAIL. Upon completion of the initial Assessment t� Roll, the Assessment Coordinator shall, at the time and in the manner specified in Section 3.05 of the Ordinance,provide first class mailed notice of the public hearing t� authorized by Section 2.01 hereof to each real property owner proposed to be 0 assessed at the address indicated on the Tax Roll. Such notice shall be mailed at least 0 0 twenty (20) days prior to the public hearing, in accordance with Section 197.3632, 0 F.S., and shall be in substantially the form attached hereto as Appendix B. 9 Packet Pg. 3089 P.1.a ARTICLE III PROPOSED ASSESSMENT AREA t� SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA. (A) The Board proposes to create an assessment area for the Tax Parcels 0 more particularly described in Appendix C attached hereto. The assessment area(the "Air Curtain Technology Assessment Area") shall consist of Tax Parcels shown in U) 0 U) U) Appendix C, on Canal 266 (Big Pine Key) and listed in Appendix D, Description of Parcels by Assessment Area. Each Tax Parcel has received the Local Improvements 4- 0 r_ consisting of air curtain technology. 2 0 (B) The Assessment Area is proposed for the purpose of funding 0 Maintenance Activities within the MSBU and for the purpose of improving the use 0 E and enjoyment of property by funding the ongoing operations and maintenance of the Local Improvements. ARTICLE IV co MAINTENANCE ASSESSMENTS SECTION 4.01. ESTIMATED MAINTENANCE COST. The co estimated annual Maintenance Cost for the Tax Parcels within the Air Curtain cm Technology Assessment Area is $34,942.60 per Fiscal Year. This Maintenance Cost will be funded through the imposition of Maintenance Assessments against real property located in the Air Curtain Technology Assessment Area in the manner set forth in this article. t� 0 SECTION 4.02. IMPOSITION OF MAINTENANCE ASSESSMENTS. 0 The Maintenance Assessments shall be imposed against all real property located within the MSBU for each Fiscal Year and shall be computed in accordance with this 10 Packet Pg. 3090 P.1.a Article. The Maintenance Assessments shall be imposed for a period of twenty (20) cm years. The first annual Maintenance Assessment will be included on the ad valorem tax bill to be mailed in November 2019. When imposed, the Maintenance 0 Assessment for each Fiscal Year shall constitute a lien upon the Tax Parcels located in the MSBU,pursuant to the Ordinance. U) U) SECTION 4.03. COMPUTATION OF MAINTENANCE ASSESSMENTS. (A) The annual Maintenance Assessments shall be computed for each a Tax Parcel located in the MSBU by: adding the annual Maintenance Cost together 0 r_ with the Collection Cost, plus a five per cent (5%) reserve for the under-collection of assessments due to the discount on annual property tax bills allowed for property CD E owners who pay prior to March 1 ("Maintenance Assessment Statutory Discount Amount"). This sum is then divided by the sum by the total number of Tax Parcels .2 within the Assessment Area. The result is the portion of the Maintenance Costs attributable to each Tax Parcels. co (B) The above calculations shall be completed on an annual basis for co purposes of the Maintenance Assessments. cm SECTION 4.04. MAINTENANCE ASSESSMENT ROLL. The Assessment Coordinator is hereby directed to prepare a final estimate of ; c� the Maintenance Assessments and to prepare the initial Maintenance Assessment Roll in the manner provided in the Ordinance. The Assessment Coordinator shall 0 apportion the Maintenance Cost among the Tax Parcels of real property within the 0 MSBU and within each Assessment Area as reflected on the Tax Roll in conformity with this Article. The estimate of Maintenance Cost and the Maintenance 11 Packet Pg. 3091 P.1.a Assessment Roll shall be maintained on file at the office of the Assessment cm Coordinator and open to public inspection. The foregoing shall not be construed to require that the Maintenance Assessment Roll be in printed form if the amount of 2 0 the Maintenance Assessment for each Tax Parcel can be determined by use of a computer terminal available to the public. ARTICLE V GENERAL PROVISIONS a 4- SECTION 5.01. METHOD OF COLLECTION. The Assessments shall be 0 r_ levied and collected pursuant to the Florida Uniform Assessment Collection Act,F.S. 0 197.3632 and 197.3635. 0 0) E SECTION 5.02. SEVERABILITY. If any clause, section or provision of this Resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. co SECTION 5.03. CONFLICTS. All resolutions or parts thereof in conflict herewith co are hereby repealed to the extent of such conflict. cm SECTION 5.04. EFFECTIVE DATE. This Resolution shall take effect t� immediately upon its adoption. t� 0 t� 0 0 12 Packet Pg. 3092 P.1.a PASSED AND DULY ADOPTED on this day of July 2019. t� ATTEST: BOARD OF COUNTY KEVIN MADOK, Clerk of Circuit COMMISSIONERS OF MONROE Court and Ex-Officio Clerk to the COUNTY, FLORIDA 0 Board of County Commissioners By: Deputy Clerk By: Mayor Sylvia Murphy a 4- 0 r_ 0 0 0) a E co co cm t� t� 0 t� 0 0 13 Packet Pg. 3093 P.1.a APPENDIX A N C FORM OF NOTICE TO BE PUBLISHED U c O To Be Published on or before July 31,2019 0 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY FINAL ASSESSMENT RESOLUTION c m NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 21,2019,at 1:30 p.m. or as soon thereafter as may be heard, at the Harvey Government Center, 1200 Truman Avenue, rn 2°d Floor,Key West,FL 33040,the Board of County Commissioners of Monroe County,Florida,will hold a Q public hearing to consider approval of the following County resolution: r E Monroe County,Florida 4- Canal Restoration Program O c Final Assessment Resolution O r a O A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA,RELATING TO THE CANAL RESTORATION PROGRAM; c IMPOSING ANNUAL MAINTENANCE ASSESSMENTS FOR PROPERTIES a) LOCATED WITHIN THE CANAL RESTORATION MUNICIPAL SERVICE E BENEFIT UNIT; APPROVING THE NON-AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF MAINTENANCE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. a The figure below depicts the Assessment Areas within the Canal Restoration Municipal Service Benefit Unit subject to the assessments: c N 00 Canal Restoration-#266 N CO 2 Lfl M s! Porcel eaun0en� ). � O Carwi mess V d O Canal 266 Big Pine Key,FL c 2 The public hearing is being held for the purpose of receiving public comment on the proposed assessments and r collection of the assessment on the ad valorem tax bills. All affected property owners have the right to appear and provide input at the hearing, and may file written objections with the County Administrator at any time E prior to the public meeting or within twenty(20)days following publication of this notice,whichever is greater. r r The Assessments have been proposed to fund ongoing annual maintenance costs for the canals,including but Q 14 Packet Pg. 3094 P.1.a not limited to cost of electricity to run air curtains, vegetation removal and related services. The assessment for each parcel of property will be based upon the number of Tax Parcels in the Assessment Area. A more specific description is set forth in the Initial Assessment Resolution adopted by the Board of County Commissioners on July 17,2019. Copies of the Initial Assessment Resolution,the plans and specifications for the Maintenance Activities,and the initial Assessment Rolls are available for inspection at the Monroe County Administrator's Office, 1100 Simonton St., Suite 2-268,Key West Florida 33040,between the hours of 8:00 a.m. and 4:30 p.m.,Monday through Friday. 0 U) The annual assessment rates are: $1,247.95 per Tax Parcel in the Air Curtain Technology Assessment Area U) The assessments will be collected on the ad valorem tax bill, commencing with the tax bill to be mailed in 4) November 2019,as authorized by Section 197.3632,Florida Statutes. Failure to pay the assessments will cause d a tax certificate to be issued against the real property which may result in a loss of title. TO If you have any questions,please contact Rhonda Haag at(305)453-8775 Monday through Friday between 8:00 a.m. and 4:30 p.m. 0 r_ Pursuant to Section 286.0105,F.S.,if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to 0 ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. 0) E ADA Assistance: In accordance with the Americans with Disabilities Act, any person needing a special accommodation or an interpreter to participate in this proceeding should contact the County Administrator's office at(305)292-4441,between the hours of 8:30 a.m. and 5:00 p.m.,no later than five(5)days prior to the 2 date of the hearing. If you are hearing or voice impaired,call`711.' � CL (SEAL) KEVIN MADOK,Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida 00 Publication as disulav ad with border on the following dates: co Reporter Keynoter KW Citizen C14 C) C) C) 15 Packet Pg. 3095 P.1.a APPENDIX B r_ M t� FORM OF FIRST CLASS NOTICE TO BE MAILED Monroe County , Board of County Commissioners 0 Sustainability p De artment r r � ' Mayor Sylvia Murphy, Dist. 5 102050 Overseas Hwy., #246i y „pf Mayor Pro Tem Danny Kolhage, Dis Key Largo, FL 33037 Michelle Coldiron, Dist. 2 Heather Carruthers, Dist. 3 David Rice, Dist. 4 U) July J 2019 < a «OwnerName1» «OwnerName2» r_ «OwnerAdd 1 «OwnerAdd2 AK#: » «City» «State» «Zip» «COUNTRY» Sequence Number: S12-xSegNum)) Notice Date: July 31, 2019 0 CD Re: Notice of Proposed Maintenance Special Assessment for Canal 266 Air Curtain a Canal Restoration Program 2 Dear Property Owner: A municipal service benefit unit is being created to fund assessments for operation and maintenance costs related to certain canal restoration activities in your area. The operation and maintenance work is necessary 00 in order to maintain the water quality improvement that has already been achieved on the canals. The type of operation and maintenance work that is necessary depends on the type of canal restoration technology that was used in each canal. The assessment for each parcel of property is based on the cost of the operations CO and maintenance and the number of Tax Parcels on each canal. A more specific description of the assessment program is set forth in the Initial Assessment Resolution adopted by the County Commission on April 17,2019. to Information regarding the assessment for your specific property is shown below. Monroe County created the Monroe County Canals Municipal Service Benefit Unit to impose special 0 assessments to fund ongoing operations and maintenance costs for those canals in the canal restoration program. The maintenance assessments will be collected on the ad valorem tax bill commencing with the tax cc bill to be mailed in November 2019, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the real property, which may result in a loss of title. A more specific description of the improvements and the method of computing the assessment for each parcel of real property are set forth in the Initial Assessment Resolution adopted by the Board of County Commissioners on July 17,2019. Copies of the Canal Restoration Program Assessment Ordinance,the Initial Assessment Resolution (including an explanation of the assessment methodology)and the initial Assessment Roll are available for inspection at the Monroe County Administrator's Office, 1100 Simonton St.,#2-268, Key West Florida 33040 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Information regarding the assessment for your specific real property is attached to this letter. The proposed assessments are based on the total overall future maintenance cost,divided by the number of Tax Parcels on the canal. The annual assessment for each Tax Parcel will include its share of annual 16 Packet Pg. 3096 P.1.a collection costs. An amount is also added to cover the statutory discount applicable to early payment of ad valorem taxes and special assessments. The total number of Tax Parcels attributable to the above tax parcel is: 28 �? The estimated Annual Maintenance Assessment for the above parcel is $1,247.95, which translates to 0 $104.00 per Tax Parcel per month. 0 The estimated total revenue to be collected for the Air Curtain Technology Assessment Area is 34,943 per Fiscal 4) Year. You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for August 21, 2019 at 1:30 p.m.at the Harvey Government Building at 1200 Truman Avenue,2"d Floor, Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at U) www.monroecounty-fl.gov/agendacenter on August 6, 2019. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing. If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing,you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. 0 In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs special accommodations to participate in this proceeding, please contact the County Administrator at (305) 292- 4441,between the hours of 8:30 a.m.—5:00 p.m.,no later than fine(5)calendar days prior to the date of the hearing. If you are hearing or voice impaired,call "711". CD ° Questions regarding your assessment and the process for collection may be directed to the Monroe County Sustainability Department at(305)453-8774, Monday through Friday between 8:00 a.m.and 4:30 p.m. 2 MONROE COUNTY,FLORIDA CL 00 C0 C) C) C) 17 Packet Pg. 3097 P.1.a APPENDIX C LEGAL DESCRIPTION OF PARCELS IN ASSESSMENT AREA 0 U) Cana1266 Those lots Lying on Big Pine Key, FL adjacent to Canal 266, E lying in the portion of unincorporated Monroe County bounded U) on the north by Baileys Lane, on the west by Matthew Rd., on U) the south by Witters Lane, and on the east by the Gulf of Mexico. 4- 0 r_ 0 0 0) a E co co cm t� t� 0 t� 0 0 18 Packet Pg. 3098 P.1.a APPENDIX D t� DESCRIPTION OF PARCELS BY ASSESSMENT AREA The Air Curtain Technology Assessment Area shall consist of the following properties located in the unincorporated area of Monroe County, Florida, on Canal 266, as identified by the parcel identification number provided by the Monroe County Properly Appraiser. U) U) 0 Alt Key IRE•# Owner IName (Parcels Assessment U) U) 1382 396 0031028 0C10C)00 ANDR'E DEVELOPMENT INC;' 1_0 $1,247.95 1382400 00310290 C)C1()000 LANG MICHAEIL 1.0 $1,247.95 1382441,2 00310330-000000 DONOHUE KEVIN T 1.0 $1,247.95 � 1382451 00310340-00004'0 DONOHUE KEVIN T 1.0 $1,247.95 4- 1382469 d'0310350-0C1d')C74'0 SC€ABARASSI ALFR'ED 1.0 $1,247.95 0 1382485 00310370-000000 STONE (LIVING TRUST1/7/1997 1.0 $1,247.95 2 1382493 C'0310380 0000700 STONE LIVING TRUST 1/7/1997 1.0 $1,247.95 0 1382507 00310390 C1CIC,000 KESSEL LINDA 1_0 $1,247.95 � 1382523 0031041)L}Ck()()00 GLARK SH,ARON L 1.0 $1,247.95 � 1382540 ('0310430-C)C1(,1C700 A-1 FINANCIAL SERVICES INC 1.0 $1,247.95 1382566 00310450-000000 REISNER'MIIC"HAEL D AND SHERYL L 1.0 $1,247.95 1382591 00310480-000000 ALESI DENISE M LIVING TM JST 6/28/2012 1.0 $1,247.95 � 1382604 d'0310490-0C1d')C74'0 SHEAR'IIN ➢ERRY N 1.0 $1,247.95 � 1382612 00310500-000000 DAVEM IOHN 1.0 $1,247.95 ga 1382621 C'031051}-0(1C')C700 MILLER.IAMES 1M 1.0 $1,247.95 � 1382639 00310520-000000 MILLERJAMES M 1.0 $1,247.95 CL 13826417 00310540 L)Ck()C)00 DIMARGL1 EVELYN H/'Wtid 1.0 $1,247.95 1382698 C'0310590-00C',IC)C'0 WEINBER'G LAWR'ENCE REV TR'4/6/1996 1.0 $1,247.95 � 1382710 ('031061)-C)(1C,)000 BAILEY SHARON S 1.0 $1,247.95 1382736 d'0310630-0C1d')C74'0 SACIKETT IIOELLE 1.0 $1,247.95 06 13827464 C'03'10640-00C)000 MOSS ROBERT F 1.0 $1,247.95 1382761 C'0310660 00700700 REESE IR WILILIAM KENTON 1.0 $1,247.95 1382779 C'0310670 L1L1C,}000 ARNOLD FAMILY INT VIIV TRRIST 3/7/1999 1.0 $1,247.95 U) 1382787 0031063(}C}C1(}000 SHIREY PATRICJ'IK 1.0 $1,247.95 � 1382795 00310690 L)Ck()C)00 GASEY lR RICJ'HARLI C 1.0 $1,247.95 1382809 C'0310700-00C',IC)C'0 SEVGR3 IEFFREY J AND SIISAN 1.0 $1,247.95 1382817 d'0310710-0C1d',bC74'0 RUGGIIANG GEORGE Wkd AND PATRICi'IA L 1.0 $1,247.95 � 1382833 d'03'10730-0C1d)C700 LEIEUNE LARR'YVW 1.0 $1,247.95 Total 28.0 34,942.60 0 �S 0 0 �S 19 Packet Pg. 3099 My name is Larry LeJeune and I'm speaking for the canal residents who are afraid their majority support for the air curtain may be forgotten because of all the "noise" being made by Mr. Sutcliffe._ He has, at most, the support of 2 or 3 homeowners, as opposed to the 18 or 19 that support the air curtain. His entire plan for a private system is based on fabrication - He states the weed gate worked. But the horrible water quality testing results indicate otherwise. So, you have him and some other guy saying the weed gate worked, and on the other hand you have professional environmental engineers stating that it did not. - He keeps telling people the weed gate can be started in a couple of days, but he doesn't have engineering, permitting or funding in place to make that happen. - Even assuming he had these things, the system must be installed at the mouth of the canal, and he does not have the approval from either of the homeowners to access or use their property. Considering his behavior over the last 6 months, I assure you that this is not someone people on the canal want representing them. FI He keeps saying he wants to have a cooperative, respectful partnership with the County, but his actions indicate the exact opposite. - He called you guys "self-serving politicians" who have a "clear neglect of their duty", he sent a nasty, sarcastic email about Ms. Haag to Commissioner Carruthers, which I found to be snarky and offensive. - He has attached me in emails by telling my neighbors that I have lied to and mislead them. He has written that I am a "pushy newcomer" and a "litigious little man", so apparently, he thinks insulting someone's physical appearance is OK. Aside from the verbal insults: - On four separate occasions he has placed hard barriers across the canal to block it. The first one he put in front of my house, and the last one was made of chicken wire and rope suspended below the surface, which tangled in people's outboards as they crossed over it. - We have filed reports with County Police, FDEP, County Code Enforcement and FWC Law Enforcement. He has been contacted multiple time by authorities and told to stop, but to date has not. The bottom line is that no one wants him speaking for us, and most people, including me, just want to get this over with so we can move on with our lives. So please do not approve his request and instead vote this afternoon to support the installation of the air curtain. I'm submitting all backup documents into public record. MLarry LeJeune<lejeune1991@gmail.com> Re: Weed Permit transfer to CSG 1 message James Sutcliffe<jms.sutcliffe@gmail.com> Wed,Jun 5,2019 at 12:23 PM To:Larry LeJeune<lejeune1991@gmail.com> Cc:tiaag-Rhonda<Haag-Rhonda@monroecounty-fl.gov>,"Holly.Raschein@myfloridahouse.gov"<Holly.Raschein@myfloridahouse.gov>,"Rios,Gus" <Gus.Rios@floridadep.gov>,"Sattelberger,Danielle"<dsattelb@sfwmd.gov>,"Cc:Conmy,Barbara"<bconmy@sfwmd.gov>,"Cerullo,Terry" <Terry.Cerullo@floridadep.gov> Bcc:lejeune1991@gmail.com Hello to all: If I have addressed this email to any of my neighbors that does not imply their agreement, only their right to be informed. Several owners have indicated a willingness to operate and maintain a private weed gate along with myself and my wife. If the public sector would support our fair, equitable, transparent and sustainable private arrangement then we feel a majority would be in favor the private option. Seven votes for a Special Taxation District (STD) is not a majority out of 25 parcels subject to the tax. We wish to install the exact same system as the one installed by the county in 2015. We have presented a funding mechanism that is both fair, equitable, transparent and sustainable. If the county can do it quicker and faster they are welcome to do so, as long as they leave it in place after five years when we take over the O&M as the vote indicated our collective will to be. The county claims they have taxpayer support but this vote does not indicate that. Larry, what happened to the majority rules? The majority is not voting for this STD. Although this email would give them that choice, in all fairness. Respectfully your neighbor, James On Wed,Jun 5,2019 at 11:43 AM Larry LeJeune<lejeune1991@gmail.com>wrote: Rhonda, Relative to the email below from Mr.Sutcliffe,let me state that I believe the majority of homeowners still support the proposal to have a county installed and maintained air curtain. Mr.Sutclife has flooded both the county and the canal homeowners with misinformation(which I can factually disprove)in an attempt to undermine our efforts to finally have the canal protected. I see that Mr.Sutcliffe has included selective homeowners on the email which gives the impression that they support his proposal. I don't know if they do or do not,but to date,none of the homeowners who originally supported the air curtain(with the exception of Mr/Mrs Sciabarassi)have indicated to me that they wanted to have their support withdrawn. One homeowner(Mr/Mrs DiMarco)has qualified their support to be based on the original county proposal to assess by parcel(which I believe is supported by our latest homeowner vote),and also expressed concerns beyond that. Unlike Mr.Sutcliffe who has appointed himself as spokesman for a fictitious organization he has created, I will continue to only provide the county with the written documents from the homeowners in which they express their views,and will never presume to speak for anyone except myself. Based on the latest homeowner vote(of which emails from all homeowners that voted have been sent to the county and are public record),it appears the majority support the assessment by parcel,which I believe will be approximately$960 per month for a term of 5 years. I understand this vote still must to be reviewed and accepted by the county. This is in line with the original proposal from the county in November of 2018,which was supported by 19 homeowners. Specific to the request for transfer of the permit: MGmail Larry LeJeune<lejeune1991@gmail.com> FW: Weed gate permit transfer to CSG 1 message Haag-Rhonda<Haag-Rhonda@monroecounty-fl.gov> Wed,Jun 5,2019 at 9:54 AM To: Larry LeJeune<lejeune1991@gmail.com> From:James Sutcliffe<jms.sutcliffe@gmail.com> Sent:Wednesday,June 5,2019 9:48 AM To: Haag-Rhonda<Haag-Rhonda@MonroeCounty-FL.Gov>;Sattelberger, Danielle<dsattelb@sfwmd.gov>;Conmy, Barbara<bconmy@sfwmd.gov>; Cerullo,Terry<Terry.Cerullo@floridadep.gov>; Holly.Raschein@myfloridahouse.gov;Gus.Rios@FloridaDEP.gov;bcc:ALFRED SCIABARASSI <sciabarassia@bellsouth.net>; Evelyn&Tino Dimarco<alpaca100@aol.com>;David K.<koppelds@yahoo.com>; Rick Casey<rickcaseyjr@gmail.com>; Al Alesi<alalesi@bellsouth.net>;Kent Reese<KJScuba1536@gmail.com> Subject:Weed gate permit transfer to CSG Hi Rhonda, Before we talk, I have not had breakfast yet, (I've been on the phone with my mother, her brother and her nursing home in Ohio). It would be beneficial if the permit allowing for installation of the weed gate were in our name so that we could properly insure it. My neighbors insist that this protection be in place as soon as possible. We are prepared to fund and install this gate immediately. If you cannot confirm a better timetable we see no reason that you should not transfer the permit to our name so that may be done most expeditiously, effectively and sustainably in every regard. James Working together for sustainable water quality improvement, James Allen Sutcliffe, Representative, Canal Stewards Group, Baitters Lane Canal, Big Pine Key, FL. USA Subject: Re: Conference call today?!! Schreck-Carol@monroecounty-fl.gov Tue,May 21, 12:37 PM • to James Sutcliffe You are viewing an attached message. Gmail can't verify the authenticity of attached messages. Received.Thanks,James. Cell Phone Reply • Carol Schreck Aide to Commissioner Heather Carruthers Monroe County Florida 305-292-3430 Schreck-Carol@ MonroeCounty-FL.qov On May 21,2019,at 12:21 PM,James Sutcliffe<jms.sutcliffe@gmail.com>wrote: Hi Carol, As promised, I'm keeping you updated on my efforts at engaging Ms. Haag in a constructive conversation. She did call me this morning, bravo! She was not very collegial, oh my! By collegial I mean to say • 'works well with others in a professional setting'. 1. When I asked what the scientists call the muck in the canal so I could be on the same page as her engineer when we speak (shortly I expect a call, bravo!) she answered, "I'm not a scientist; how should I know?". 2. She does not answer pertinent and direct questions such as "What criteria did you give the engineer?" ( in his search for the most sustainable response to a very complex situation ). She chose not to give me an answer but chose instead to talk down to me and repeat what she had just said as if I was incapable of processing plain spoken English. As I assured Ms. Haag, I am a hard bitten optimist and I insist on a win/win solution to every knotty complexity confronting me. It has worked so far and I'm not anywhere near giving up patiently, mildly, kindly persisting in our common efforts to obtain sustainable resolutions to our interlocking issues. For the record, I envision an area wide answer to the floating weed issue. It will require high level cooperation between all stakeholders and yet in the end we shall reap so much more than the cooperation MGmail Larry LeJeune<Iejeune1991@gmail.com> Fwd: Health danger alert! 1 message Haag-Rhonda<Haag-Rhonda@monroecounty-fl.gov> Fri,Jun 21,2019 at 6:36 AM To: Larry LeJeune<lejeune1991@gmail.com> Per request... Sent from my iPhone Begin forwarded message: From:James Sutcliffe<jms.sutcliffe@gmail.com> Date:June 20,2019 at 6:15:53 PM EDT To: Haag-Rhonda<Haag-Rhonda@monroecounty-fl.gov> Cc:"Kuchta,Alexandra"<Alexandra.Kuchta@floridadep.gov>, "Avila,Martha"<Martha.Avila@floridadep.gov>,"Rios,Gus" <Gus.Rios@floridadep.gov>, "Holly.Raschein@myfloridahouse.gov"<Holly.Raschein@myfloridahouse.gov> Subject: Re:Health danger alert! Dear Alexandra: That is not much help at all. When we are told about the names of the chemicals causing the stink and the lack of dissolved oxygen killing whatever fish might be crazy enough to swim into this sewage pit we feel as if the executioner has just told us how the lethal chemicals they are injecting us with will cause us to die. We are asking for help! Help means action! We want the county to simply say to us, "Go ahead and put your weed gate up." One resident that did try to protect his own property way down at the very end of the canal was told by a DEP enforcement officer that he must take it down. The county is directly responsible for this situation and they have done absolutely nothing in 22 months to correct it. Instead they are using our terror at the situation to force us to pay an exorbitant fee for this 'air bubble curtain' which Ms. Haag herself has acknowledged does nothing to improve the dangerous condition they have created out of negligence to their duty. They tried it out. It did not work. Worse, it impedes the tidal flushing that does clear the canal. I asked them to show me it didn't and they could not. We have opposed the 'air bubble curtain' from the start. Commonsense can see better than these so called experts we are paying so much for advise. Weeds are at the surface, They are pushed by the wind in a horizontal direction. It takes a technocrat to come up with the crazy plan to go to the bottom and push up. Surface mounted impeller motors have been used for years on these canals by people that have been dealing with this issue since before these technocrats were born. It is not their fault that their bosses have told them to ignore what has been done by the private volunteers that have been doing this job for 60 years. Ms. Haag wants to make a difference. Self serving politicians are telling her to intentionally ignore the private efforts over the past 60 years. They do this in clear neglect of their duty to support the people in their best efforts to do their duty towards the world we live in. We had a surface mounted impeller system in place before the county came to 'help us out'. We have continually asked the county to just put back what they took away and they refuse. We have some pushy newcomer of a neighbor that claims he has signatures from the majority of owners requesting the 'air bubble curtain' because he wants a new toy on his property. His name is on the permit as owner. He gets the on/off switch. He gets to control what he is making us pay for. The offer that the majority supposedly signed for is no longer being offered by the county. Of course, the county always has some excuse for this bad faith negotiating but truth is truth. We questioned this whole process and he came up with another 'vote' . 'You can have whatever you want as long as you want the 'air bubble curtain' - ' no choices but 'pay for 5 or pay for 20 years. ' That 'vote' did not get a majority to respond so again they go back to waving the first vote letters, again claiming they have the right to tax us for what we do not want. They allow this litigious little man to dominate the process and what we the people keep asking for is ignored. Just say you will not use your regulations to stop us from doing what we have always done. We could have the impellers back up and running next week. Gus Rios from the DEP has threatened enforcement action if we try to take action on our own. The litigious little man has threatened me personally with lawsuits if I attempt to install weed gate protection in front of his house. We need help not false words! Gus Rios won't accept the samples we have for testing. He says there is no facility for water testing. We are paying the FIU experts $500,000 for water testing and there is no way for him test this water! Please stop fighting with us and help us help the earth! I do have several neighbors in agreement. Most are exhausted, frustrated and angry. If the county would deal with the people who care and who work for our earth then we would have an answer here. Sincerely, James On Thu,Jun 20,2019 at 4:35 PM Haag-Rhonda<Haag-Rhonda©monroecounty-fl.gov>wrote: Thank you Alexandra,you are correct,the County is planning on installing an air curtain in this canal. -Rhonda Sent from my iPhone On Jun 20,2019,at 4:20 PM, Kuchta,Alexandra<Alexandra.Kuchta©floridadep.gov>wrote: Dear Mr.Sutcliffe, Thank you for contacting the Florida Department of Environmental Protection(DEP).Water is vital to Florida's environment, our state's economy,and our future. MGmail Larry LeJeune<lejeune1991@gmail.com> RE: Canal #266 Barricade 1 message Rios,Gus<Gus.Rios@floridadep.gov> Mon,Jun 17,2019 at 2:47 PM To: Larry LeJeune<lejeune1991@gmail.com> Cc:"Plee,Tara"<Tara.Plee@floridadep.gov>,"Charnock, Nicole"<Nicole.Charnock@floridadep.gov>, Haag-Rhonda<Haag-Rhonda@monroecounty-fl.gov> Mr.Lejeune, Our staff inspected the canal on 5/20 and they reported the barrier had been removed. I informed Mr.Sutcliffe of the State requirements for installations on surface waters and encouraged him to work with Rhonda and the rest of the canal residents since the County is replacing the air curtain that was damaged during the storm. I also informed Mr.Sutcliffe that the air curtain that was installed by the Count at the canal entrance was authorized by the South Florida Water Management District.We have not received any additional complaints since our last inspection. Gus Rios From: Larry LeJeune<lejeune1991@gmail.com> Sent: Monday,June 17,2019 9:15 AM To: Rios,Gus<Gus.Rios@FloridaDEP.gov> Subject: Re:Canal#266 Barricade Thank you Mr. Rios On Mon,Jun 17,2019 at 9:05 AM Rios,Gus<Gus.Rios@floridadep.gov>wrote: Good morning Mr. Lejeune. Jason is out this week.He did follow up on your complaint.I apologize if you did not receive a follow-up response. I have to leave the office for an appointment at 9:30 AM,but I will check into this and will contact you this afternoon. Thanks, Gustavo Rios Program Administrator Florida Department of Environmental Protection South District Marathon Office (305)289-7081 Gus.Rios@FloridaDEP.gov From:Larry LeJeune<lejeune1991 @gmail.com> Sent: Monday,June 17,2019 8:58 AM To:Golden,Jason<Jason.Golden@FloridaDEP.gov> Cc: Rios,Gus<Gus.Rios@FloridaDEP.gov> Subject:Canal#266 Barricade Mr.Golden, MGmail Larry LeJeune<Iejeune1991@gmail.com> RE: Canal #266 Blockage 1 message Rios,Gus<Gus.Rios@floridadep.gov> Mon,Jul 1,2019 at 12:12 PM To:"Dipre,David"<David.Dipre@myfwc.com> Cc:"lejeune1991@gmail.com"<lejeune1991@gmail.com>,"Charnock,Nicole"<Nicole.Chamock@floridadep.gov>,McPherson-Cynthia<McPherson- Cynthia@monroecounty-fl.gov>,"miker0653@yahoo.com"<miker0653@yahoo.com> Thank you David. Mr.Michael Reisner,a canal resident,also called my office and he is concerned about netting blocking the canal that could damage his boat engine.Mr. Reisner is also copied in this e-mail and he can be reached at(561)685-9217.Please provide this information to Officer Chesney. Thanks for investigating this matter. Gustavo Rios Program Administrator Florida Department of Environmental Protection South District Marathon Office (305)289-7081 Gus.Rios@FloridaDEP.gov From:Dipre,David<David.Dipre@MyFWC.com> Sent:Monday,July 1,2019 12:04 PM To:Rios,Gus<Gus.Rios@FloridaDEP.gov> Subject:RE:Canal#266 Blockage Gus, This has been assigned to Officer Chesney for his investigation.... David From:Rios,Gus<Gus.Rios@FloridaDEP.gov> Sent:Monday,July 1,2019 11:06 AM To:Dipre,David<David.Dipre@MyFWC.com>;lejeune1991@gmail.com Cc:Charnock,Nicole<Nicole.Chamock@FloridaDEP.gov>;'Haag-Rhonda'<Haag-Rhonda@MonroeCounty-FL.Gov>;Roberts-Michael@monroecounty- fl.gov;McPherson-Cynthia<McPherson-Cynthia@MonroeCounty-FL.Gov>;Plee,Tara<Tara.Plee@FloridaDEP.gov> Subject:FW:Canal#266 Blockage [EXTERNAL SENDER] Use Caution opening links or attachments Dear Mr.Lejeune, • I am forwarding your message and pictures to Captain Dipre of FWC Law Enforcement so they can investigate this matter. Thanks, Gustavo Rios Program Administrator Florida Department of Environmental Protection South District Marathon Office (305)289-7081 Gus.Rios@FloridaDEP.gov From: Larry LeJeune<lejeune1991@gmail.com> Sent: Monday,July 1,2019 10:47 AM To:Rios,Gus<Gus.Rios@FloridaDEP.gov>; Plee,Tara<Tara.Plee@FloridaDEP.gov>;Charnock,Nicole<Nicole.Charnock@FloridaDEP.gov>; Roberts- Michael@monroecounty-fl.gov; McPherson-Cynthia@monroecounty-fl.gov;david.dipre@myfwc.com Cc: Haag-Rhonda<Haag-Rhonda@monroecounty-fl.gov> Subject:Canal#266 Blockage Mr.Rios, The attached pictures are the latest attempt by James Sutcliffe to block access on canal#266. As with the previous occurrences,the barricade is a navigational hazard and has already been removed. This one consisted of weighted flotation devices with wire and rope strung between them. The pictures show the barrier in place and also show it on the side of the canal after it was removed. If you zoom in on the boat in the picture,you will see the that the prop is tangled with ropes. The owner of the boat did not see the blockage and became entangled in the ropes as he attempted to leave the canal. I am also including some pictures from the 6/18/19 occurrence sent in by Mr.Mike Reisner because I do not believe the pictures he sent accurately depicted the barrier. It included flotation in the middle of the canal(which was in part a canoe)and 2 x 4 boards extending to the canal sides. The pictures show a boat approaching the barrier and also show the boards after they were moved to the canal side to allow the boat to pass. As I stated,these barriers are moved as they are discovered because they block boat traffic on the canal,so someone coming from your office will not see them. I will continue to document them with pictures as I become aware of new installations and hope a solution can be found to stop additional barriers from being installed. 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