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Item Q2 �5 Q2 I`� County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `ll 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.2 Agenda Item Summary #7634 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 Board of County Commissioners electing to use the uniform method of collecting non-ad valorem special assessments levied within the County toward the cost of providing capital costs and operations and maintenance costs for roadway improvements related to sea level rise located within 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 roadway improvements related to mitigation of sea level rise in the 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. Packet Pg. 2279 Q.2 The Monroe County Board of County Commissioners has previously approved the design of two sea level rise pilot projects in Twin Lakes and Sands Subdivision to lessen the frequency and severity of flooding and decrease predicted flood damage. The objective of the pilot program was to test the efficacy of technologies (or combinations thereof) and use the projects as a predictor for the cost and benefits to be achieved. As the County proceeds with the Countywide Roads Vulnerability Sea Level Rise Adaptation Study, various roadway areas will be identified for design and construction subject to further approval of the Board. Funding for design and construction may require sea level rise special assessments to be imposed in these various areas. The property owners on the roads where work may be performed will realize benefits as a result of any roads adaptation work, including but not limited to decrease in road flooding and potential increase in property values. The County is authorized under Section 125.01(1)(q) to establish municipal service benefit units within all or any part of the county, within which may be provided essential facilities from funds derived from special assessments on the properties located within the municipal service benefit unit (MSBU). Road adaptation work falls within the definition of"other essential facilities and municipal services." 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. MSBU CALENDAR YEAR SCHEDULE Before January 1 4 consecutive week public notice notification that the local government has intent to use the uniform method of collection for non-ad valorem assessment By January 1 Adopt a resolution at a public hearing(by March 1 if local government,property appraiser, and tax collector agree) By January 10 Local government mails by U.S Postal first-class mail a copy of the resolution to property appraiser,tax collector, and the Department of Revenue(by March 10 if the local government, property appraiser, and tax collector agree) By June Property Appraiser provides local government with legal descriptions,names and addresses of the property owners within boundary of MSBU Between January 1 to September 15 20 Days Prior to the public hearing to adopt a non ad-valorem roll local government shall notice the hearing by U.S.Postal first-class mail and by newspaper. The notice by mail shall be sent to each property owner that shall be subject to the assessment Between January 1 and September 15 Local government adopts a non ad-valorem roil at public hearing if. 1)Non ad-valorem assessment is levied for the first time 2)assessment is increased beyond the maximum rate authorized 3)upon any boundary changes 4)upon change of Packet Pg. 2280 Q.2 purpose or use of revenue Between January 1 and September 15 Written Objections-Property owners have a right to appear at the hearing and to file written objections with the local government within 20 days of the notice Local government makes agreement with Property Appraiser and Tax Collector for providing reimbursement of administrative costs. (Postage, forms, supplies, etc.) PREVIOUS RELEVANT BOCC ACTION: November 17, 2020: Presentation, discussion and direction regarding a potential special assessment program for the Key Largo Twin Lakes Subdivision and Big Pine Key Sands Subdivision sea level rise roads adaptation pilot projects. [Commissioners directed staff to proceed with an MSBU to fund capital costs and operations and maintenance for county-maintained roads in Monroe County. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution to use uniform method of collection non-ad valorem special assessments for Roads for SLR for BOCC on 12 9 20 Notice of Intent for Roads MSBU FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: TBD Current Year Portion: $0 Budgeted: TBD Source of Funds: Potential MSBU CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: TBD Revenue Producing: TBD If yes, amount: Grant: N/A County Match: TBD Insurance Required: N/A Additional Details: N/A REVIEWED BY: Rhonda Haag Completed 11/23/2020 2:22 PM Packet Pg. 2281 Q.2 Christine Limbert Completed 11/23/2020 2:39 PM Purchasing Skipped 11/23/2020 2:39 PM Budget and Finance Completed 11/23/2020 2:49 PM Maria Slavik Skipped 11/23/2020 2:38 PM Liz Yongue Completed 11/23/2020 2:53 PM Board of County Commissioners Pending 12/09/2020 9:00 AM Packet Pg. 2282 Q2.a RESOLUTION NO. N w N A RESOLUTION OF MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ELECTING TO c USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE COUNTY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 2 c WHEREAS, Monroe County, Florida (the "County") is contemplating the imposition of 0 special assessments for the provision of roadway improvements, and sea level rise improvements; and 0 N WHEREAS, the County intends to use the uniform method for collecting non-ad valorem special assessments for the cost of providing roadway improvements, and sea level rise improvements to property within the County as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2021, in the same manner as provided for ad valorem taxes; and WHEREAS,the County held a duly advertised public hearing prior to the adoption of this Resolution,proof of publication of such hearing being attached hereto as Exhibit A. E NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: > 1. Commencing with the Fiscal Year beginning on October 1, 2021, and with the tax 0 statement mailed for such Fiscal Year and continuing thereafter until discontinued by the County, r_ the County intends to use the uniform method of collecting non-ad valorem assessments authorized c in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing roadway improvements, and sea level rise improvements. Such non-ad valorem assessments shall be levied within the County. A legal description of such area subject to 0 the assessment is attached hereto as Exhibit B and incorporated by reference. 0 E 2. The County hereby determines that the levy of the assessments is needed to fund °i the cost of roadway improvements, and sea level rise improvements within the County. E 3. Upon adoption, the County Clerk is hereby directed to send a copy of this 01 Resolution by United States mail to the Florida Department of Revenue, the Monroe County Tax Collector, and the Monroe County Property' APPraiser by January 10, 2021. � 4. This Resolution shall be effective upon adoption. c c 0 1 Packet Pg. 2283 Q2.a PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, W Florida, at a regular meeting of said Board held on the 9th day of December 2020. N Mayor Michelle Coldiron Mayor Pro Tem David Rice c c, Commissioner Craig Cates Commissioner Eddie Martinez Commissioner Mike Forster c (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA 0 N By By As Deputy Clerk Mayor Michelle Coldiron c 0 c 0 0 0 E 0 0 c 0 2 Packet Pg. 2284 Q2.a EXHIBIT A W cv w cv PROOF OF PUBLICATION 0 [INSERT PROOF OF PUBLICATION] c c 0 0 N cn c c c c c E 0 c c 0 3 Packet Pg. 2285 Q2.a EXHIBIT B cv w cv LEGAL DESCRIPTION 0 MONROE COUNTY, FLORIDA CHAPTER 7.44, FLORIDA STATUTES c 0 0 N cn c c c c c E 0 c c 0 4 Packet Pg. 2286 Q.2.b NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS Monroe County,Florida(the"County")hereby provides notice,pursuantto section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non-ad valorem special assessments to be levied within the County, for the cost of providing roadway improvements, and sea level rise 0 improvements commencing for the Fiscal Year beginning on October 1, 2021 and continuing until discontinued by the County. The County will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by section 197.3632 Florida Statutes,at a public hearing to be held at 1:30 P.M. on December 9, 2020 at the Commission Chambers, Murray Nelson 2 Government Center BOCC Room, 102050 Overseas Highway,Key Largo,Florida and via Communication > Technology Technology("CMT"),using a Zoom webinar platform as set forth in more detail below. uo Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of the proposed form of resolution, which contains the legal description of the real property subject to the levy, are on file at the Clerk of the Courts, 500 Whitehead 0 Street, Key West, Florida.All interested persons are invited to attend. JA Due to COVID-19 and in consideration of the Center for Disease Control ("CDC") social-distancing guidelines established to contain the spread of the COVID-19 virus,the December 9,2020,Public Hearing 2 will also be conducted via Communication Media Technology ("CMT") using a Zoom Webinar platform @ https://incbocc.zooin.us/j/96823206145. The County will provide updates for changing directives for Local Government Public Meetings on the County Website at: www.MonroeCounty-FL.Gov. Below are 0 the various options available to the public to view the live meeting and/or to make public comments on the public hearing. c The public can comment during the live Public Hearing either by phoning in or by connecting to the live Zoom webinar link using the following instructions: y a) To comment on an item by phone: Dial (646) 518-9805 or (669) 900-6833 and, when prompted, enter the Webinar ID#968 2320 6145 followed by the #key, then *9 to "Raise your hand"to 0 be recognized by the Zoom webinar host. cu 0 b) To comment on an item using the live Zoom webinar link: Open this live Zoom webinar link @ htt s:/hizcbocc.zooiiz.us//96823206145 (that also appears in both the published Agenda and Agenda e!- Packet). When prompted, enter your email address and name to join the webinar. When the Mayor calls for speakers on the item(s) on which you wish to comment, or when the Board is nearing your item(s) as U) the meeting progresses, select the "Raised Hand"feature that appears at the bottom of the Zoom webinar screen, to be recognized by the Zoom webinar host. a 0 The Zoom Webinar monitor will request the agenda item#on which you wish to comment and will enable your participation when the Mayor calls for public speakers on your item. To report problems with the broadcast,please call: (305) 872-8831. A person may submit written or other physical evidence on a particular agenda item for consideration at the BOCC meeting to: Lindsey Ballard, via email to: ballard-lindsev(ttiizonroecounty-fl.(ov, or by mail to: County Administrator's Office, 1100 Simonton Street, Suite 205, Key West, FL 33040. The documents must be received by 3:00 P.M. on Monday, December 7, 2020, and must include the submitter's name, address,phone number,email address,and the agenda item number to which the documents refer. E Packet Pg. 2287 Q.2.b In the event any person decides to appeal any decision by the County with respect to any matter relating to the consideration of the resolution at the above-referenced public hearing, a record of the proceeding may be needed and in such an event,such person may need to ensure that a verbatim record of the public hearing is made,which record includes the testimony and evidence on which the appeal is to be based.In accordance > with the Americans with Disabilities Act, persons 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.prior to the date of the hearing; if you are hearing or voice impaired, v) call "711". Live Closed Captioning is available via our web portal m htt ://iiionroecoLintyfl.iqiii2.coiii/Citizens/Default.aspx for meetings of the Monroe County Board of � County Commissioners. 0 Dated at Key West, Florida, this 3rd day of November 2020. m (SEAL) KEVIN MADOK, Clerk of the Circuit Court and ex ofcio -� Clerk of the Board of County Commissioners of Monroe County, 0 Florida 0 Publication Dates: Key West Citizen: Sat., 11/14/20; Sat., 11/21/20; Sat., 11/28/20; Sat., 12/05/20 Keys Weekly: Thur., 11/12/20; Thur., 11/19/20; Thur., 11/26/20; Thur., 12/03/20 News Barometer: Fri., 11/13/20; Fri., 11/20/20; Fri., 11/27/20; Fri., 12/04/20 0 c c 0 0 0 0 0 0 0 Packet Pg. 2288