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Item C05 C.5 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 August 21, 2019 Agenda Item Number: C.5 Agenda Item Summary #5851 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329 No AGENDA ITEM WORDING: Approval to advertise for a Public Hearing to be held at the September 5, 2019 budget meeting to consider adoption of an Ordinance revising Section 19-4 of the Monroe County Code to increase the toll rates for Card Sound Road Toll and authorization for the Monroe County Director of Engineering Services to inform the Florida Department of Transportation of the changes to the toll rates in accordance with the Agreement for Sunpass and Toll-by-Plate Electronic Toll Collection at the Card Sound Toll Facility. ITEM BACKGROUND: The Board at its March 21, 2018 meeting, after discussion and public input, set the toll rate for the Card Sound Road at $0.75 per axle for 2-axles vehicles; $1.00 per axle for vehicles with greater than 2-axles to be effective upon implementation of the all electronic tolling (AET) system. The Board also directed for the rates to be adjusted annually in accordance with the Consumer Price Index (CPI). This agenda item seeks approval to hold a public hearing to be held at the September 51', 2019 special budget meeting at 5:05 p.m. or as soon thereafter as may be heard. The public hearing will be held to consider adoption of an ordinance to increase the rates by 2.1%in accordance Bureau of Labor Statistics Consumer Price Index for all items less food and energy. The ordinance provides for the increase toll rates to become effective October 1, 2019 at 12:00 a.m. This agenda item also request authorization for the Monroe County Director of Engineering Services, Judith Clarke, to inform the Florida Department of Transportation (Department) of the upcoming rate change in accordance with the Agreement for Sunpass and Toll-By-Plate Electronic Toll Collection At the Card Sound Road Toll Facility (Agreement). The Agreement provides that the County will inform the Department of any changes in the toll amount to be charged and the date the rates are to become effective no less than thirty (30) days before the new toll amounts are to be in effect. PREVIOUS RELEVANT BOCC ACTION: Ordinance No. 008-2018 setting the revised rates and discount rebate program was approved by the BOCC at its May 16, 2018 meeting. The Board approved the revised rates for the all-electronic tolling (AET) system and discounted rebate program at its March 21, 2018 meeting held in Key Largo. Packet Pg. 135 C.5 The Board approved the Agreement with FDOT for Sunpass and Toll-By-Plate Electronic Toll Collection at the Card Sound Road Toll Facility at its April 12, 2017 meeting Ordinance No. 002-2004 was approved by the BOCC at its February 18, 2004 meeting. Ordinance No. 009-1995 was approved by the BOCC at its February 21, 1995 meeting. Ordinance No. 028-1992 was approved by the BOCC at its September 15, 1992 meeting. Ordinance No. 034-1989 was approved by the BOCC at its November 1, 1989 meeting. Ordinance 018-1989 was approved by the BOCC at its June 27, 1989 meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval as requested. DOCUMENTATION: Ordinance revising sec 19-4 to increase rates by CPI(version showing changes) Ordinance revising sec 19-4 to increase rates by CPI(Clean version) Ordinance No 008-2018 Card Sound Toll Rate BOCC 5 16 18 (Q1) from Clerk 5 24 18 Card Sound Agreement with FDOT Consumer Price Index - June 2019 FINANCIAL IMPACT: Effective Date: The ordinance provides an effective date of 10/1/19 Expiration Date: N/A Total Dollar Value of Contract: 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: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Judith Clarke Completed 08/05/2019 11:22 AM Packet Pg. 136 C.5 Christine Limbert Completed 08/05/2019 12:53 PM Budget and Finance Completed 08/05/2019 1:51 PM Maria Slavik Skipped 08/05/2019 12:51 PM Kathy Peters Completed 08/05/2019 2:14 PM Board of County Commissioners Pending 08/21/2019 9:00 AM Packet Pg. 137 C.5.a Version showing changes; added text noted in underlined text and deleted text noted in Strike t,r,,,,g te*t. ORDINANCE -2019 0 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 19-4 OF THE MONROE COUNTY CODE PROVIDING FOR REVISED TOLL RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (BOCC) after discussion and public input T at its March 21, 2018 meeting in Key Largo set the toll rate for the Card Sound Road at $.75 per axle for 2-axle vehicles; $1.00 per axle for vehicles with greater than 2-axles to be effective upon implementation of the all electronic tolling (AET) system and directed for the rate to be adjusted annually in accordance with the Consumer Price Index (CPI); and WHEREAS, the BOCC adopted Ordinance 008-2018, which increased the rates and became effective upon the completion of the all-electronic tolling (AET) system on Card Sound Road; and 0 U) WHEREAS, the toll rates are being revised as set forth below pursuant to the BOCC's direction to adjust the rates annually in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy, which rose 2.1% over the last 12-months; a �s NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Section 194(b)(1) shall be amended to read as follows: U) a� (b) Toll schedule. 0 (1) The following toll schedule is hereby established for travel through the Card Sound Road and Toll Bridge Facility: 2-axle vehicle $0.7-7 per axle c� Vehicles of 3 axle or greater $1.002 per axle c� Packet Pg. 138 C.5.a Version showing changes; added text noted in underlined text and deleted text noted in Strike t,r,,,,g te*t. SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the � remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person,property or circumstances, such holding shall not affect its applicability to any other person,property or circumstances. SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of 0 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. 0 SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. T a� SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes and shall be effective October 1, 2019 at 12:00 a.m. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of the Board held on the 5th day of September 2019. 0 Mayor Sylvia Murphy U) Mayor Pro Tem Danny Kolhage Commissioner Heather Carruthers Commissioner Michelle Coldiron Commissioner David Rice U) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA c� 0 BY (SEAL) Mayor Sylvia Murphy c� U) ATTEST: KEVIN MADOK, CLERK T a� 2 By Deputy Clerk Packet Pg. 139 C.5.b ORDINANCE -2019 c� AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 0 19-4 OF THE MONROE COUNTY CODE PROVIDING FOR REVISED TOLL RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE > MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (BOCC) after discussion and public input c 0 at its March 21, 2018 meeting in Key Largo set the toll rate for the Card Sound Road at $.75 per axle for 2-axle vehicles; $1.00 per axle for vehicles with greater than 2-axles to be effective upon implementation of the all electronic tolling (AET) system and directed for the rate to be adjusted annually in accordance with the Consumer Price Index (CPI); and .2 WHEREAS, the BOCC adopted Ordinance 008-2018, which increased the rates and became effective upon the completion of the all-electronic tolling (AET) system on Card Sound Road; and WHEREAS, the toll rates are being revised as set forth below pursuant to the BOCC's direction to adjust the rates annually in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy, which rose 2.1% over the last 12-months; �s NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Section 194(b)(1) shall be amended to read as follows: (b) Toll schedule. 0 (1) The following toll schedule is hereby established for travel through the Card Sound Road and Toll Bridge Facility: c� 2-axle vehicle $0.77 per axle c� Vehicles of 3 axle or greater $1.02 per axle 0 c� Packet Pg. 140 C.5.b SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person,property or circumstances, such holding shall not affect its 0 applicability to any other person,property or circumstances. I- 4- SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, 0 as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes and shall be effective October 1, 2019 at 12:00 a.m. 2 T a� PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of the Board held on the 5th day of September 2019. c a� Mayor Sylvia Murphy Mayor Pro Tem Danny Kolhage Commissioner Heather Carruthers Commissioner Michelle Coldiron E Commissioner David Rice U) BOARD OF COUNTY COMMISSIONERS U) OF MONROE COUNTY, FLORIDA 2 c� 0 BY (SEAL) Mayor Sylvia Murphy as ATTEST: KEVIN MADOK, CLERK a� By Deputy Clerk Packet Pg. 141 C.5.c 2 Kevin Madok, cpA Clary of the Circuit Court& Comptroller— Monroe County, Florida as May 23, 201 0 4- IL A Department of'state � Administrative Code & Register 500 S Bronouagh Street. "f"allahassee FL 32399-0250 0 "ro Whom It May Concern, Attached is an electronic copy of Ordinance e o. 008-2018 Amending Section 19-4 of the 00 Monroe County Code providing for revised toll rates and Rebate Discouant.Program; providing for severability; Providing for repeal of all ordinances inconsistent herewith; providing for LO incorporation into the Morrr-oc County Code of Ordinances; and providing for an effective date, � �s 'This Ordinance was adopted by the Monroe County Board raf'COLU'aty Corrimissioners at a regulaar meeting, held in formal session, on May 1 , 2018, Should you have any questions, please feel free to contact me at (305) 2 2-:3550 00 Respectfully Submitted, LO Kevin Manor, CPA, Clerk of U the, Circuit.Court & Comptroller & ex-of"1"icio to the Monroe, County Board of County Commissioners � 0 0 cc: County Administrator County Attorney rney Engineering 130CC 00 0 KEY WEST MARATHON PLANTATION KEY INK/ROTH BUILDING 800" trlte tie ad Street 8117 Overseas Highway 88820 Overseas Highway 80 High Point Road fey West,Florida 88040Marathon,,,Florida 88050 Plantation Key, FloridaI 880170 Plarita,t" Packet Pg. 142 8 - 4-44188 - 89..807 808u882-7148 805-8'1 FLORIDA DEPARTMENT 0.f STATE RICK SCOTT KEN DETZNER Governor Secretary of State 0 A May 25, 2018 0 00 Honorable Kevin Madok Clerk of the Circuit Court LO Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 0 I- 4- Attention: Ms. Sally Abrams 00 Ir- Dear Mr. Madok: to Ir- LO Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 008-2018, which was filed in this office on May 25, 0 2018. Sincerely, Ernest L. Reddick Program Administrator00 cv ELR/lb °0 0 R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us Packet Pg. 143 ORDINANCE008-2018 AN ORDINANCE OF THE NIONROE COUNTY BOARD OF C'OUNTY COMMISSIONERS AMENDING SECTION 0 L. 19-4 OF THE NIONROE COUNTY CODE PROVIDING 0 FOR REVISED TOLL RATES AND REBATE DISCOUNT Z: IL PROG'RAM; PROVIDING FOR SEVERABILITV; PROVIDING FOR RE,PEAL OF ALL ORDINANCES INC ONSISTEN"r 1JEREWITI-1; PROVIDING FOR > INCORPORATION INTO THE MONROE COUN'ry 0 CODE OF ORDINANCES; AND PROVIDIN(", FOR AN EFFECTIVE DATE. > 0 WHEREAS, Monme COL11"Ity is iniplen'ierifingan ad] electronic trilling (AET) systern ()it < Card Sound Road; and 00 Ir- Iq C14 WHEREAS, the tolling rate has been 0.50 cents, per axle since the early 1990s; and LO WHEREAS, personnel and maintcnance costs Im Card SoUnd Road and the five bridges on it have increased over time andannual costs will so,')on surpass annual revenLic; and E 0 I- 4- NVIIEREAS, the bridge assessamit report that was coni leted f6r the County in 2014 p a indicates that the Card Sound Bridge should be scheduled for-replaectnent in 2030 and givcs an estiniated construction cost of$32,000,000 to)r the replacenient; and LO WHEREAS, the Board ofCounty Conunissioners ,afler discussion and public input at its Nlarch 21, 2018 mecting in Key Largo set the tell rate lbr the (`Zird Sound Road at $.75 per axle 0 for 2-axle vehicles; $1.00 per axle for vehicles with greater than 2-axles to be effective upon implementation of theall electronic tolling(Afi"I') sy stair and which will be adjusled allrILKIlly In -ice Index (CTI) as per the Board's direction; and 0 am I-da nce with the Consumer N WHEREAS, the rebate discOUnt program was also set at as 4011,o discount with (lie threshold 0 being 28 one �vay (OW) trips per month and as per the Board's direction the annual pass, (n program price will be based care as 50% discount calculated UpOn 480 trips per year multiplied by 2 the toll rate t"or 2-axle vehicles; and 00 WHE'a REAS, with the itriplementation ol'the AE'r system, the County in coordination with the I C1,4 00 'rurnpike Enterprise, will determine the appropriate wavier oftolls tor certain 'lorid emergency vChicles a,Is is customary with other toll clUthorities and thus Section 194(b)(4) ofthe 0 z Monroe ounty Code is being deleted; and WHEREAS, the Monroe C ounty Code needs, to be revised to implernent the toll, rates and di count prograrns for Card Sound RoadandToll l3ridge I"'Icility tolls, 0 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ('OUNTY E CONI MISSION ERS III MONROE COUNTA' FLORIDA- Packet Pg. 144 C SECTION 1: Section 194(b) shall be amended to read as follows: 0 (b) Toll schcdulel (I) 'File following tofl schedule is hereby established for travel thl-Migh the Card Sound Road 0 and 'ra Bridge Facility: .......... 2-axle vehicle $0.75 per axle 0 > 0 Vehicles of ,,axle or greater $1.00 per axle 00 C14 LO .......... .............. 19 (2) The rebate diSCOU11t program is, set at a 40% discount with the threshold being 28 one E way (OW) trips per month. The annual pass prograni price will be based on a 50% 0- discount calculated upon 480 trips per year multiplied by the toll rate for 2-axle vehicles, T- o (3) All revenue colfccted pursuant to this section shall be deposited in the Card Sound Road and Toll Bridge Facility enterprise furid created by Resolution No. 54A-1967, Nvhich fund is limby CollfinUCd and the amount therein carried forward under this section LO notwithstanding the repeal ol'Resolution No. 54A-1967. 0 PASSED AND ADOPTED by the Bmard Ol'('OLII'Ity (:;"artilinissi(tnei!-s of Monroe County, Florida, at a regular meeting of"the Board held on the 16,th(Jay of" 20M 0 Mayor David Rice Yes C 0 Mayor pro Tern Sylvia Murphy Yes (n ............ Conninssioner Danny L. Kolhage Yes ommissioner (Jeorge Neugent Yes 00 ("onit-nissioner I I eather Carruthers Yes T- C14 00 (S EA L) BOARD OF COUN'r), COMMISSIONERS CD CD ATTEST. KEVIN MADOK (-')F MONROE COUNI"Y, FLORIDA 0 z C D r'rp n"U ...........I . ...........Mayor DaVid Rice CD C-) 1-U 0 B Y ::a 4i m C C-) 0 Mputy ("Icrk E W EV WIS NEY Packet Pg. 145 PNi 0 a u a it l,Vnnthe N a y 1876COUNTY OF MONRO'E ROE COU rTY XITIORNEY � a as ura ian d miter,1,200 Key W�sk, a mrr � lodds,,tho Before the undersigned authority personally appeared "Fhomas Cooke, who on I- pnb4nd tl iNai Monroe oath.says that he is president of the Key West Citizen, a daily newspaper - aaun t°'K 1b 1 ;,Jai n � a� it to � �a published in Key Vest, in Monro C.".aunty, �F lorida; that the attached copy of a aninnr m a nni a urns, advertisement, being a legal notice in the matter cif J ............ < IN a< COUNTY al. o C,." "9 ' ,y ro > � INO FOR 0— AM AND CL t lad UNT waspublished in said newspaper in the issue(s) of r 00 tilt f'farrt further says that t nhc� diet t he Key west Citizen is a newspaper published inLO Le CODE OIF Key West, in said Monroe County, Florida and that the said newspaper has � lala� Ia Iu I r 1I , O,FOR AIN heretofore been continuously published in said Monroe County, Florida every EF SCIIIVE na day, and has been entered as second-class snail natter at the past office in Key ,L_ . t preceding �rnza�s„u°��� 4�v'cst�, in said `Ic��nroc County, Florida, for a period cat" l year next dotD the first publication caf"t�he attached co nf�adve tise��ent, and altlant, �f`iurther� `M1`w �ia awn copy 00 811 1 a irn ad b neither l y � says that he has ne�tlau paid nor promised any person, tirn or cap~lcarti ,rr an Matter �wt Such discount, rebate, commission or refund for the purpose c��.�f" securing this n a any nnr anrn IWm `M LO raeecl,rn recorccoftiw ad ertisement for publication in the said newspaper. � a)at,,for sluch 0 CIO i �rrr r igir iw mend and Ikan $' rouammaurb . �W i� 6 sir� a a are Arhidh the �`�s natu!Cif • uint a fin; dr 0 Who r r a la a SNvorn and subscribed before me this... ...� ,. day of`April, 201 to 10"this bof14 the DW14 �irzss_ 00 r Notary Public:w a " rn F 04W �¢ inn,„a a tern than ti trot d SwF P'4 S 9 was y 4, aa�?rr cv ed i n 9"�b»7flf rracell 9,youred, a� ` '" i li"si!i l4d�'7Y �l r r liC;uarah 00 earl, sc; �a am niu°o�� wr Q� �„ 0 Z '.. Diked l Key l es loci this " as 14th afar f af, a� Dawn Kawzinsky MAN ar 00a , a r the Expires: l/4/2020 Notary, Seal urn wa�Cit�"$urt x afflicto 2 snana.@'nr nu annrs° of Monroe ff earonnnw "Urt Personally Known X Produced ldentification "�""...._w.....m�.�"..���_... � a( ,`� c1w,3t6r, `f„ype of identification Produced ... �. d�...._. � Packet Pg. 146 C.5.e N EWS RELEASE U. S. ED E P A R T P+0 f_ N T 0 F IL A B 0 RrRl� US ✓ �� Al,�SCDC�� as Transmission of material in this release is embargoed until USDL-19-1250 Z 8:30 a.m. (EDT) July 11, 2019 Technical information: (202) 691-7000 • cpi info@bls.gov • www.bls.gov/cpi 0 Media Contact: (202) 691-5902 • PressOffice@bls.gov CONSUMER PRICE INDEX — JUNE 2019 ° The Consumer Price Index for All Urban Consumers (CPI-U)increased 0.1 percent in June on a seasonally adjusted basis, the same increase as in May, the U.S. Bureau of Labor Statistics reported today. Over the last 12 months, the all items index increased 1.6 percent before seasonal adjustment. Increases in the indexes for shelter, apparel, and used cars and trucks more than offset declines in energy indexes to result in the seasonally adjusted all items monthly increase in June. The energy index fell 2.3 percent as all of the major energy component indexes declined. The food index was unchanged as the 0 index for food away from home rose but the index for food at home declined. as 2 The index for all items less food and energy rose 0.3 in June, its largest monthly increase since January (, 2018. Along with the indexes for shelter, used cars and trucks, and apparel, the indexes for household furnishings and operations, medical care, and motor vehicle insurance were among the indexes that 0 increased in June. The indexes for recreation, airline fares, and personal care all declined in June. 0 The all items index increased 1.6 percent for the 12 months ending June, a smaller increase than the 1.8- percent rise for the period ending May. The index for all items less food and energy rose 2.1 percent over the last 12 months, and the food index increased 1.9 percent. The energy index, in contrast, declined 3.4 percent over the last 12 months. 04 as e Chart 1.One-month percent change in CPI for All Urban Consumers(CPI-U),seasonally adjusted,June 2018-June 2019 aD Percent change 0.4 0.4 L, CL L_ 0.3 0.3 0.3 E U) 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 E U 0.0 0.0 0.0 0.0 Jun'18 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun'19 Packet Pg. 147