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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor David Rice,District 4
�1 `ll Mayor Pro Tem CraigCates,District 1
The Florida Keys ��� `� � Michelle Coldiron,District 2
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
December 3, 2021
Agenda Item Number: S.2
Agenda Item Summary #9353
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 and sea level rise and flood mitigation
projects located within Monroe County.
ITEM BACKGROUND: The purpose of this "Notice of Intent" resolution is to announce the
County's potential intent to collect special assessments to cover capital costs and/or operations &
maintenance costs for roadway improvements related to mitigation of sea level rise and flooding
impacts in the County. The resolution is statutorily required under F.S. 197.3632(3)(a) if the County
desires to preserve its right to collect the assessments beginning in November 2022.
The County may at its option decide not to move forward with the assessment program later. By
adopting the attached resolution in December 2021, the County is reserving the right to use the tax
bill collection method beginning in November 2022. Collection of the assessment cannot occur
without further approval of Initial and Final assessment resolutions in the spring/summer of 2022.
Those assessment resolutions would contain (a) a specific list of properties to be assessed, and (b)
the amount of the assessment for each property.
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 are being identified for adaptation to mitigate flooding.
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 decreases in road flooding and maintaining
access to their homes.
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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 2022.
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
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:
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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.
December 9, 2020: 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.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution for SLR MSBU 2021 Final
Notice of Intent- Advertisement for 12 8 21 Public Hearing
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 10/26/2021 2:25 PM
Christine Limbert Completed 10/26/2021 3:04 PM
Purchasing Completed 10/26/2021 3:15 PM
Budget and Finance Completed 10/26/2021 3:46 PM
Maria Slavik Completed 10/27/2021 9:12 AM
Liz Yongue Completed 11/02/2021 9:55 AM
Board of County Commissioners Pending 12/08/2021 9:00 AM
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RESOLUTION NO. -2021
A RESOLUTION OF MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS ELECTING
TO USE THE UNIFORM METHOD OF COLLECTING
NON-AD VALOREM SPECIAL ASSESSMENTS
LEVIED WITHIN THE COUNTY WITH THE TAX
BILL ISSUED IN NOVEMBER 2022 FOR ROADWAY y
IMPROVEMENTS AND SEA LEVEL RISE AND
FLOOD MITIGATION PROJECTS; STATING A
NEED FOR SUCH LEVY; PROVIDING FOR THE
MAILING OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE c
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WHEREAS, on February 17, 2021, Monroe County Board of County Commissioners n
("BOCC") adopted Ordinance No. 002-2021 ("Ordinance"), creating an ordinance of the Board
of County Commissioners of Monroe County, Florida, relating to the imposition of Municipal 2
Service Benefit Units ("MSBU") for a sea level rise and flood mitigation program; allowing
for the future financing of improvements 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 0
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
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WHEREAS, Monroe County (the "County") is contemplating the imposition of special
assessments beginning in November 2022 in order to pay for improvements and/or operations s
and maintenance costs for sea level rise and flood mitigation projects, with the boundaries of the
real property shown on Exhibit A to this Resolution, incorporated by reference; and
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WHEREAS, if assessments are used for these projects, the County intends to use the
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 to ca
be collected annually commencing in November 2022; and
WHEREAS, the assessments are necessary in order to have the property owners of the
properties that receive the benefit of sea level rise and flood mitigation projects pay for 0
improvements and/or ongoing operations and maintenance of them; and
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 E
amount of the assessment for each individual lot or parcel; and
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WHEREAS, Monroe County, Florida (the "County") is contemplating the
imposition of special assessments for the provision of roadway improvements, and sea
level rise and flood mitigation improvements; and
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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 v,
level rise and flood mitigation 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 2022, in the
same manner as provided for ad valorem taxes; and
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WHEREAS, the County held a duly advertised public hearing prior to the 0
adoption of this Resolution, proof of publication of such hearing being attached hereto b
as Exhibit B. v)
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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1. Commencing with the Fiscal Year beginning on October 1, 2022, and with
the tax statement mailed for such Fiscal Year and continuing thereafter until discontinued r_
by the County, the County intends to use the uniform method of collecting non-ad 2
valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for 0
collecting non-ad valorem assessments for the cost of providing roadway improvements, 2
and sea level rise improvements. Such non-ad valorem assessments shall be levied S
within the County. A legal description of such area subject to the assessment is attached
hereto as Exhibit B and incorporated by reference. 0
2. The County hereby determines that the levy of the assessments is needed
to fund the cost of roadway improvements, and sea level rise and flood mitigation
improvements within the County.
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3. Upon adoption, the County Clerk is hereby directed to send a copy of this N
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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, ca
2022.
4. This Resolution shall be effective upon adoption.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe r_
County, Florida, at a regular meeting of said Board held on the 8th day of December 2021. c
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Mayor David Rice
Mayor Pro Tem Craig Cates
Commissioner Eddie Martinez
Commissioner Michelle Coldiron
Commissioner Holly Raschein
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Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS a
OF MONROE COUNTY, FLORIDA c
By: By:
As Deputy Clerk Mayor
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EXHIBIT A
LEGAL DESCRIPTION
MONROE COUNTY, FLORIDA CHAPTER
7.44, FLORIDA STATUTES
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EXHIBIT B
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Proof of Publication
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY RESOLUTION y
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NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on December 8, at 1:30 P.M.
or as soon thereafter as the matter may be heard, at the Murray Nelson Center, 102050 Overseas
Highway,Key Largo,FL,33037,the Board of County Commissioners of Monroe County,Florida,intends
to consider the adoption of the following County resolution: c
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A RESOLUTION OF MONROE COUNTY, FLORIDA BOARD OF y
COUNTY COMMISSIONERS ELECTING TO USE THE UNIFORM
METHOD OF COLLECTING NON-AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE COUNTY WITH THE TAX BILL
ISSUED IN NOVEMBER 2022 FOR ROADWAY IMPROVEMENTS AND
SEA LEVEL RISE AND FLOOD MITIGATION PROJECTS; STATING A
NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The public can participate in the December 8,2021, meeting of the Board of County Commissioners 0
of Monroe County, FL via Communication Media Technology ("CMT") using a Zoom Webinar '
platform by following the detailed instructions below. The public is strongly encouraged to watch the
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meeting on Monroe County's MCTV on Comcast Channel 76, AT&T Uverse Channel 99, or on the
County's web portal @ htt ://inonroecoLintyfl.iqin2.coin/Citizens/DefaLilt.as x. Simply select the "Watch c
Live"banner to view the live meeting with live closed-captioning on an integrated page that includes the
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Agenda and Agenda Backup.
If citizens have a Roku device, they can search for and add "MCTV" to their personal lineup. Monroe
County's "MCTV"is also provided via the Monroe County mobile apps for 10S and Android and through
our streaming web portal @ htt s://monroe-fl.vod.castus.ty/vod/?live=chl&nav=live.
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Citizens can listen to audio-only from their phones by dialing(646) 518-9805 or(669) 900-6833 and,when
prompted, enter the Webinar ID# 860 9612 7118 followed by the #key. `o
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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:
a) To comment on an item by phone: Dial (646) 518-9805 or (669) 900-6833 and, when
prompted, enter the Webinar ID#860 9612 7118 followed by the #key, then *9 to "Raise your hand"to
be recognized by the Zoom webinar host.
b) To comment on an item usine the live Zoom webinar link: Open this live Zoom webinar
link @ hops.j www.monroecounty-fl.ov/BQCCMootin 3oc8 (that also appears in both the published
Agenda and Agenda Packet). When prompted, enter your email address and name to join the webinar. W
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 the meeting progresses,select the "Raised Hand"feature that appears at the bottom z
of the Zoom webinar screen to be recognized by the Zoom webinar host.
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The Zoom webinar host will request the item 4 on which you wish to speak and enable your participation :5
when the Mayor calls for public speakers on your item. To report problems with the broadcast or 'a
participation in the Zoom webinar,please call(305) 872-8831.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
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decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings and that, for such purpose,he may need to ensure that a verbatim record c
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of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to
be based. y
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ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order
to participate in this proceeding,please contact the County Administrator's Office, by phoning (305) 2
292-4441, between the hours of 8:30a.m. —5:06p.m.,prior to the scheduled meeting; ifyou are hearing
or voice-impaired, call "711': Live Closed-Captioning is available via our web portal @
htt ://inonroecountvfl.i in2.coin/Citizens/Default.as)x for meetings of the Monroe County Board of
County Commissioners. 0
Dated at Key West, Florida, this 26'day of October 2021. �
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KEVIN MADOK, Clerk of the Circuit Court and F
(SEAL) ex officio Clerk of the Board of County Commissioners 0
of Monroe County, Florida
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Publication Dates: CL
Key West Citizen: Friday, October 29, 2021; November 5, 2021; November 12, 2021 & November 19,
2021
Keys Weekly: Thursday,October 28,2021;November 4,2021;November 11,2021 &November 18,2021
News Barometer: Friday,October 29,2021;November 5,2021;November 12,2021 &November 19,2021 g
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