Item Q1 �S Q.
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Michelle Coldiron,District 2
��
{sJ ` °' Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
December 9, 2020
Agenda Item Number: Q.1
Agenda Item Summary #7566
BULK ITEM: No DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider approval of a resolution of Monroe
County, Florida electing to use the uniform method of collecting non-ad valorem special assessments
levied within the County toward the cost of providing capital costs, operations and maintenance
costs for canals 82, 83 and 84 located within unincorporated Monroe County.
ITEM BACKGROUND: Under F.S. 197.3632(3)(a), if the County wishes to collect non-ad
valorem special assessments in the upcoming fiscal year using the Uniform Method for the levy,
collection and enforcement of non-ad valorem assessments, the County must adopt a resolution at a
public hearing, indicating its intent to collect the special assessments using this method. The public
hearing must be held by January 1, or, if the Tax Collector, Property Appraiser and County agree, by
March 1, with a copy of the resolution mailed, once adopted, to the Tax Collector, Property
Appraiser and Florida Department of Revenue by March 10. A notice of the public hearing has been
advertised for four consecutive weeks. This resolution protects the option for levying the
assessments using this method beginning in November 2021.
The purpose of the "Notice of Intent" resolution is to announce the County's intent to collect special
assessments to cover capital costs as well as operations & maintenance costs for canals 82, 83 and
84, in the unincorporated County. The resolution is statutorily required under F.S. 197.3632(3)(a), if
the County wants to preserve its right to collect the assessments beginning in November 2021.
The "Notice of Intent" resolution is only to preserve the County's right to collect the assessments in
the next fiscal year. The County may decide not to go forward with the assessment program later.
By adopting the attached resolution, the County is simply reserving the right to use the tax bill
collection method beginning in November 2021. Collection of the assessment could not occur
without further approval of initial and final assessment resolutions in the spring/summer of 2021.
That assessment resolution would contain (a) a specific list of properties to be assessed, and (b) the
amount of the assessment for each property.
Staff hereby requests approval of the resolution announcing the County's intent to collect non-ad
valorem special assessments from various properties on the tax bill beginning in November 2021.
Packet Pg. 2272
Q.1
PREVIOUS RELEVANT BOCC ACTION:
10/18/2017: BOCC approval of Ordinance 021-2017, establishing a Municipal Service Benefit Unit
for collection of special non-ad valorem assessments for the canal restoration program.
11/20/18: Discussion and direction on the County's three air curtains installed on Big Pine Key as
part of the County's demonstration projects that were destroyed by Hurricane Irma. [Commissioners
directed staff to proceed with an air curtain replacement at canal 266 and to proceed with an MSBU
to fund the operations and maintenance.]
07/17/19: BOCC approves initial assessment resolution levying special assessments for Canal 266,
Big Pine Key (Monroe County Resolution No. 200-2019).
08/21/19: BOCC approves final assessment resolution levying special assessments for Canal 266
(Monroe County Resolution No. 229-2019).
CONTRACT/AGREEMENT CHANGES:
Not Applicable
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Notice of Intent Resolution for Canals 82, 83 and 84 FY 21
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: $0
Current Year Portion: $0
Budgeted: Yes
Source of Funds: MSBU
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: TBD
Grant: N/A
County Match: N/A
Packet Pg. 2273
Q.1
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Rhonda Haag Completed 11/23/2020 9:44 AM
Cynthia Hall Completed 11/23/2020 10:52 AM
Purchasing Completed 11/23/2020 11:24 AM
Budget and Finance Completed 11/23/2020 12:02 PM
Maria Slavik Completed 11/23/2020 12:22 PM
Liz Yongue Completed 11/23/2020 1:03 PM
Board of County Commissioners Pending 12/09/2020 9:00 AM
Packet Pg. 2274
Q.1.a
RESOLUTION NO. -2020
A RESOLUTION OF MONROE COUNTY, FLORIDA co
ANNOUNCING NOTICE OF INTENT TO USE THE UNIFORM
METHOD OF COLLECTING NON-AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE COUNTY BEGINNING
WITH THE TAX BILL ISSUED IN NOVEMBER 2021 FOR CANAL co
RESTORATION PROJECTS ON CANALS 82, 83 AND 84 IN KEY
LARGO; STATING A NEED FOR SUCH LEVY; PROVIDING FOR
THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
c
0
WHEREAS, on October 18, 2017, Monroe County Board of County Commissioners a
("BOCC") adopted Ordinance No. 021-2017 ("Ordinance"), creating a Monroe County Canals
Municipal Service Benefit Unit ("MCBU"), allowing for the future financing of improvements in a
canal restoration program through the collection of non-ad valorem special assessments; and
0
WHEREAS, under Section 197.3632(3)(a), Florida Statutes, and Section 4.01 of the
Ordinance, if Monroe County ("County") intends to collect a special assessment for the first time
in a geographic area, the County is required to adopt a resolution stating its intent prior to January
1 prior to the tax year in which the assessment will be collected, stating the need for the levy and
the legal description of the boundaries of the real property subject to the levy; and
WHEREAS, Monroe County (the "County") is contemplating the imposition of special
assessments beginning in November 2021 in order to pay for operations and maintenance cost
for air curtains on Canals 82, 83 and 84 in Key Largo, with the boundaries of the real property
shown on Exhibit A to this Resolution, incorporated by reference; and
WHEREAS, if assessments are used for these projects, the County intends to use the co
uniform method for the levy and collection of non-ad valorem special assessments, as authorized
by section 197.3632, Florida Statutes, because this method will allow such special assessments
co
to be collected annually commencing in November 2021; and ci
co
WHEREAS, use of the uniform method provides a benefit to the property owners who are T
paying the cost of the canal restoration, in that it allows the property owners to amortize the costs
and pay a portion on each year's tax bill; and ca
WHEREAS, the assessments are necessary in order to have the property owners of the
properties that receive the benefit of canal restoration programs also pay for ongoing operations
and maintenance of the canal restoration methods; and
0
WHEREAS, if the County proceeds with the assessment programs, adoption of this
"notice of intent' resolution will be followed by adoption of an initial assessment resolution and
final assessment resolution, later in the Spring, which will provide specific details about (a) the
amount of the assessment, (b) which properties will be subject to the assessment, and (c) the
amount of the assessment for each individual lot or parcel; and
0)
WHEREAS, the County held a duly advertised public hearing prior to the adoption of this
Resolution, proof of publication of such hearing being attached hereto as Exhibit B. c
NOW, THEREFORE BE IT RESOLVED:
1. Commencing with the Fiscal Year beginning on October 1, 2021, and with the tax
statement mailed for such Fiscal Year and continuing thereafter until discontinued by the County,
1
Packet Pg. 2275
Q.1.a
the County intends to use the uniform method of collecting non-ad valorem assessments
authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem
assessments for the cost of providing canal restoration on certain properties located on Canals
82, 83 and 84. Such non-ad valorem assessments shall be levied within the County. A legal co
description of such area subject to the assessment is attached hereto as Exhibit A and
incorporated by reference.
cci
2. The County hereby determines that the levy of the assessments is needed to fund
co
the cost of operations and maintenance for the canal restoration projects performed on Canals
82, 83 and 84.
3. Upon adoption, the County Clerk is hereby directed to send a copy of this
Resolution by United States mail to the Florida Department of Revenue, the Monroe County Tax
Collector, and the Monroe County Property Appraiser by no later than January 10, 2021.
4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 91h day of December 2020.
0
Mayor Michelle Coldiron
Mayor Pro Tern David Rice
Commissioner Craig Cates
Commissioner Eddie Martinez
Commissioner Mike Forster
co
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA co
cv
co
By: By:
Deputy Clerk Mayor Michelle Coldiron
0
c
c
c
2
Packet Pg. 2276
Q.1.a
Exhibit A -- Legal Description of Areas
KEY LARGO AREA
That portion of the unincorporated area of Monroe County bounded on the west by Florida Bay, co
on the north by Latitude 25.291354, on the east by the Atlantic Ocean, and on the south by
Tavernier Creek, in Monroe County, Florida.
cci
co
Canal 82:
Between Lobster Lane and Bonito Lane, between Overseas Highway and open water.
0
c
Canal 83:
0
Between Bonito Lane and Grouper Lane, between Overseas Highway and open water.
Canal 84:
Between Cuda Lane and Grouper Lane, between Overseas Highway and open water.
0
U)
f
4br9
82
�3 -
�
84
41r,
3
Packet Pg. 2277
Q.1.a
Exhibit B— Proof of Publication
(Insert Proof of Publication)
Cci
CO
CO
CO
CO
c
c
c
cv
N
CO
c
c
c
4
Packet Pg. 2278