Item S3 } S.3
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
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.3
Agenda Item Summary #9332
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 2022.
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 2022.
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 2022. Collection of the assessment could not occur
without further approval of initial and final assessment resolutions in the spring/summer of 2022.
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 2022.
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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).
12/09/20: 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.
CONTRACT/AGREEMENT CHANGES:
Not Applicable
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Notice of Intent Resolution Canals FY22
Notice of Advertisement for December 8 public hearing for Canals 82 83 and 84
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:
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Revenue Producing: Yes If yes, amount: TBD
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Rhonda Haag Completed 10/25/2021 4:14 PM
Cynthia Hall Completed 10/27/2021 1:25 PM
Purchasing Completed 10/27/2021 1:50 PM
Budget and Finance Completed 10/28/2021 3:37 PM
Maria Slavik Completed 10/29/2021 10:52 AM
Liz Yongue Completed 11/02/2021 9:54 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
ANNOUNCING NOTICE OF INTENT TO USE THE UNIFORM y
METHOD OF COLLECTING NON-AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE COUNTY BEGINNING
WITH THE TAX BILL ISSUED IN NOVEMBER 2022 FOR CANAL
RESTORATION PROJECTS ON CANALS 82, 83 AND 84 IN KEY
LARGO; STATING A NEED FOR SUCH LEVY; PROVIDING FOR co
THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
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WHEREAS, on October 18, 2017, Monroe County Board of County Commissioners
("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
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 0)
assessments beginning in November 2022 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 c
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
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 be collected annually commencing in November 2022; and
WHEREAS, use of the uniform method provides a benefit to the property owners who are
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
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 y
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 c
Resolution, proof of publication of such hearing being attached hereto as Exhibit B.
NOW, THEREFORE BE IT RESOLVED: E
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 by the County,
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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
description of such area subject to the assessment is attached hereto as Exhibit A and y
incorporated by reference.
2. The County hereby determines that the levy of the assessments is needed to fund
the cost of operations and maintenance for the canal restoration projects performed on Canals y
82, 83 and 84.
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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
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Collector, and the Monroe County Property Appraiser by no later than January 10, 2022.
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4. This Resolution shall be effective upon adoption.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 81h day of December 2021. y
Mayor David Rice
Mayor Pro Tern Craig Cates
Commissioner Michelle Coldiron
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Commissioner Eddie Martinez
Commissioner Holly Merrill Raschein
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
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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,
on the north by Latitude 25.291354, on the east by the Atlantic Ocean, and on the south by y
Tavernier Creek, in Monroe County, Florida.
Canal 82: co
Between Lobster Lane and Bonito Lane, between Overseas Highway and open water.
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Canal 83: co
Between Bonito Lane and Grouper Lane, between Overseas Highway and open water.
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Canal 84:
Between Cuda Lane and Grouper Lane, between Overseas Highway and open water.
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Exhibit B— Proof of Publication
(Insert Proof of Publication)
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KEYF�P WENST
Ad Pro S.3.b
T""HE �LZ \ NOTICE OF INTENTION TO CONSIDER
���i{��4Y�� ADOPTION OF COUNTY RESOLUTION
NOTICE IS HEREBY GIVEN TO WHOM
Key West Citizen-Florida Free Press-Paradise IT MAY CONCERN that on December 8,
2021,at 1:30 P.M.,or as soon thereaf-
ter as the matter may be heard,at the
Murray Nelson Center, 102050 Over-
seas Highway, Key Largo, FL 33037,
Date- October 24, 202 the Board of County Commissioners
of Monroe County, Florida, intends to
consider the adoption of the following
County resolution:
LEGALAD PROOF — A RESOLUTION OF MONROE COUNTY, N
FLORIDA ANNOUNCING NOTICE OF IN-
TENT TO USE THE UNIFORM METHOD ¢
OF COLLECTING NON-AD VALOREM
SPECIAL ASSESSMENTS LEVIED WITH-
IN THE COUNTY BEGINNING WITH THE
TAX BILL ISSUED IN NOVEMBER 2022
Thank you or advertising w uss s e proof o our a scheduled run on FOR CANAL RESTORATION PROJECTS
f d ti
y gith ! This i the ff ad t
p y ON CANALS 82,83 AND 84 IN KEY LAR- W
the dates indicated below. If changes are needed, please contact Sue Stamper by GO;STATING A NEED FOR SUCH LEVY,
PROVIDING FOR THE MAILING OF THIS
phone at or email at sstamper@keysnews.com. RESOLUTION;AND PROVIDING FOR AN
EFFECTIVE DATE.
The public can participate in the De-
cember 8,2021,meeting of the Board
of County Commissioners of Monroe
CUSTOMER INFORMATION County, FL via Communication Media
Technology("CMT")using a Zoom We-
binar platform by following the de- CL
Account#: 421061 tailed instructions below. The public
is strongly encouraged to watch the
Company Name: MONROE CO BOARD OF COMMISSIONERS meeting on Monroe County's MCTV
Address: PO BOX 1026 on Comcast Channel 76, AT&T Uverse
Channel 99, or on the County's web
KEY WEST FL 33041-1026 portal @ http://monroecountyfl.icim2. cy
Telephone: (305)292-3478 com/Citizens/Default.aspx. Simply se 00
-
lect the "Watch Live" banner to view
Email: campo-abra@monroecounty-fl.gov the live meeting with live closed-cap 00
-
tioning on an integrated page that m- try
cludes the Agenda and Agenda Back-
u p.
If citizens have a Roku device,they can CJ
search for and add "MCTV" to their
AD INFORMATION personal lineup. Monroe County's
"MCTV" is also provided via the Mon CD
-
roe County mobile apps for iOS and An-
Ad ID: 3818320 droid and through our streaming web
portal @ https://monroe-fl.vod.castus. t8
Run Dates: 10/27/21 to 11/17/21 tv/vod/?live=chl&nav-live.
#of Inserts: 8 Account Rep: Sue Stamper Citizens can listen to audio-only from
#of Lines: 136 Phone#: (305)292-7777 their phones by dialing(646)518-9805
Ad Class: 19 Email: Iegals@keysnews.com or(669)900-6833 and,when prompted,
enter the Webinar ID#860 9612 7118 0.
followed by the#key. co
Total Cost: $1,305.32 L_
The public can comment during the live 0)
Ordered By: Public Hearing either by phoning in or
Description: MC CANAL SEA LEVEL RISE by connecting to the live Zoom webi-
nar link using the following instruc- U
tions:
Publications Start Date End Date #Of Insertions a)To comment on an item by phone:
Dial (646) 518-9805 or (669) 900-6833
Key West Citizen 10/27/21 11/17/21 4 and,when prompted,enter the Webi-
s Free Press 10/27/21 11/17/21 4 nar ID#860 9612 7118 followed by the
Florida Keys #key,then*9 to"Raise your hand"to
be recognized by the Zoom webinar
host.
b) To comment on an item using
the live Zoom webinar link: Open this 0)
live Zoom webinar link @ https://www. >
monroecounty-fl.gov/B000Meeting-
Dec8 (that also appears in both the
published Agenda and Agenda Pack-
et). When prompted,enter your email 0
address and name to join the webinar.
When the Mayor calls for speakers on
the item(s)on which you wish to com- 0
ment, or when the Board is nearing
your item(s)as the meeting progresses,
select the "Raised Hand" feature that
appears at the bottom of the Zoom we-
binar screen to be recognized by the
Zoom webinar host.
U
The Zoom webinar host will request
the item#on which you wish to speak
and enable your participation when
the Mayor calls for public speakers on
your item. To report problems with the
broadcast or participation in the Zoom
webinar,please cal
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S.3.b
Pursuant to Section 286.0105, Florida
Statutes,notice is given that if a person
decides to appeal any decision made by
the Board with respect to any matter
considered at such hearings or meet-
ings,he will need a record of the pro-
ceedings and that,for such purpose,he
may need to ensure that a verbatim re-
cord of the proceedings is made,which
record includes the testimony and evi-
dence upon which the appeal is to be
based. U
ADA ASSISTANCE. If you area person
with a disability who needs special N
accommodations in order to partici-
pate in this proceeding,please contact
the County Administrator's Office,by
phoning(305)292-4441,between the
hours of 8.30a.m.—S:OOp.m.,prior to
the scheduled meeting,if you are hear-
ing or voice-impaired,call'711". Live
Closed-Captioning is available via our
web portal @ hfV.Ilmonroecounty- 0)
fl.igm2.com/Citizens/Default.a forU'
meetings of the Monroe County Board U
of County Commissioners.
Dated at Key West,Florida,this 21st
day of October 2021.
KEVIN MADOK, Clerk of
the Circuit Court and ex officio Clerk of
the Board of County Commissioners of
Monroe County,Florida
Oct.27&Nov.3,10,17,2021 CL
Key West Citizen
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