Item Q3 Q.3
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
December 7, 2022
Agenda Item Number: Q.3
Agenda Item Summary #11426
BULK ITEM: No DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774
TBD
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 in Key Largo, Canal 105 in Tavernier, Canals 255, 287, 290, 295,
297 and 315 in Big Pine Key, and Canal 474 in Geiger Key, 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 2023.
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 Key Largo; Canal 105 in Tavernier; Canals 255, 287, 290, 295, 297 and 315 in Big Pine Key;
and Canal 474 in Geiger Key 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 2023.
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 2023. Collection of the assessment could not occur
without further approval of initial and final assessment resolutions in the spring/summer of 2023.
That assessment resolution would contain (a) a specific list of properties to be assessed, and (b) the
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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 2023.
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.
12/08/21: 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:
Ad Notice of Intent Resolution Canals
Notice of Intent Resolution Canals FY 23 - stamped
FINANCIAL IMPACT:
Effective Date: N/A Expiration Date: N/A
Total Dollar Value of Contract: N/A Total Cost to County: $0
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Current Year Portion: $0 Budgeted: N/A
Source of Funds: N/A CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: No
Additional Details:
REVIEWED BY:
Rhonda Haag Completed 11/15/2022 1:17 PM
Cynthia Hall Completed 11/16/2022 2:31 PM
Purchasing Skipped 11/16/2022 2:29 PM
Budget and Finance Completed 11/17/2022 8:39 AM
Brian Bradley Skipped 11/16/2022 2:29 PM
Lindsey Ballard Completed 11/17/2022 9:40 AM
Board of County Commissioners Pending 12/07/2022 9:00 AM
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Q.3.a
NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING
NON-AD VALOREM ASSESSMENTS
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on December
7, 2022, at 9:00 a.m. or as soon thereafter as it may be heard, at the Monroe County E
BOCC Chambers at the Murray Nelson Government Center, 102050 Overseas
Highway, Key Largo, Florida, the Monroe County Board of County Commissioners will
consider adoption of the following resolution:
A RESOLUTION OF MONROE COUNTY, FLORIDA 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 2023 FOR CANAL RESTORATION PROJECTS ON 0
CANALS 82, 83 AND 84 IN KEY LARGO; CANAL 105 IN TAVERNIER; g
CANALS 255, 287, 290, 295, 297 AND 315 IN BIG PINE KEY; AND
CANAL 474 IN GEIGER KEY; STATING A NEED FOR SUCH LEVY;
PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
The proposed resolution, which contains the legal description of the real property 0
subject to the levy and states the need for the special assessment, can be inspected by
the public by viewing the agenda packet for this meeting at: Z
http://monroecountyfl.igm2.com/citizens/default.aspx
All interested persons are invited to attend, either in person or by zoom. The zoom link
can be found at: http://monroecountyfl.igm2.com/citizens/default.aspx
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 U
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 of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special
accommodations in order to participate in this proceeding, please contact the
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County Administrator's Office, by phoning (305) 292-4441, between the hours of
8:30a.m. — 5:00p.m., prior to the scheduled meeting; if you are hearing or voice-
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impaired, call "711". Live Closed-Captioning is available via our web portal @
j;,p,,;;Vi��,�;nir�;�, ,g,,a�;�,u�,int fl,ii iin2,�:ao n/Cffii ens/IQefau�lf,as . for meetings of the Monroe County
Board of County Commissioners.
Dated at Key West, Florida, this _ day of November 2022.
KEVIN MADOK, Clerk of the Circuit Court and
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(SEAL) ex officio Clerk of the Board of County
Commissioners
of Monroe County, Florida
Publication Dates: E
Key West Citizen: November 9, 16, 23, and 30t" of 2022
Keys Weekly: November 10, 17, 24 and December 1, 2022
News Barometer: November 11, 18, 25, and December 2, 2022 76
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RESOLUTION NO. -2022
A RESOLUTION OF MONROE COUNTY, FLORIDA U)
ANNOUNCING NOTICE OF INTENT TO USE THE UNIFORM U)
METHOD OF COLLECTING NON-AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE COUNTY BEGINNING
WITH THE TAX BILL ISSUED IN NOVEMBER 2023 FOR CANAL
RESTORATION PROJECTS ON CANALS 82, 83 AND 84 IN KEY
LARGO; CANAL 105 IN TAVERNIER; CANALS 255, 287, 290,
295, 297 AND 315 IN BIG PINE KEY; AND CANAL 474 IN
GEIGER KEY; STATING A NEED FOR SUCH LEVY; PROVIDING
FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING 0
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 -
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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 0
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 2023 in order to pay for operations and maintenance cost
for restoration and air curtains on Canals 82, 83 and 84 in Key Largo; Canal 105 in Tavernier;
Canals 255, 287, 290, 295, 297 and 315 in Big Pine Key; and Canal 474 In Geiger Key; with the
boundaries of the real property shown on Exhibit A to this Resolution, incorporated by reference; U'
and
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WHEREAS, if assessments are used for these projects, the County intends to use the U_
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 2023; and U
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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 0
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
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WHEREAS, if the County proceeds with the assessment programs, adoption of this 0
"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 E
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.
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NOW, THEREFORE BE IT RESOLVED:
1. Commencing with the Fiscal Year beginning on October 1, 2023, and with the tax
statement mailed for such Fiscal Year and continuing thereafter until discontinued by the County, U)
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 adjacent to
Canals 82, 83 and 84 in Key Largo; Canal 105 in Tavernier; Canals 255, 287, 290, 295, 297 and
315 in Big Pine Key; and Canal 474 In Geiger Key (the "Canals"). 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 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 the 0
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Canals. g
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, 2023.
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 7th day of December 2022.
Mayor Craig Cates
Mayor Pro Tern Holly Merrill Raschein
Commissioner David Rice
Commissioner James K. Scholl
Commissioner Michelle Lincoln
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Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA U
By: By:
As Deputy Clerk Mayor
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Approved as to form and legal sufficiency:
Monroe County Attorney's Office 11-15-2022
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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, U)
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. m
Canal 82: U)
Between Lobster Lane and Bonito Lane, between Overseas Highway and open water.
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Canal 83:
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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TAVERNIER AREA
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Between Orange Blossom Road and Stinger Road, between Old Fashion Road and open water.
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BIG PINE KEY AREA
An island within unincorporated Monroe County, lying between Little Torch Key to the west;
Howe Key, Cutoe Key, Barnes Key and Annette Key on the north, and open water including the U)
Gulf of Mexico, Big Spanish Channel, Pine Key Bight, and the Atlantic Ocean on the east and
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Canal 255: U)
Between Louise Street and Big Pine Street, between Central Avenue and open water.
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BIG PINE KEY AREA, cont'd:
Canal 287:
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Between Atlantis Drive and Hollerich Drive, between Sands Road and open water. U)
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Canal 290: U)
Between Avenue J and Avenue I, between 3rd Street and open water.
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Canal 295:
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Between Avenue H and Avenue G, between 4th Street and open water.
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Between Avenue G and Avenue F, between 4th Street and open water. 0
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BIG PINE KEY AREA, cont'd:
Canal 315:
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Between Beach Drive and Warner Street, between overseas highway and open water. U)
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GEIGER KEY AREA
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Between Sun Lane and Vega Lane, between Star Lane and open water. 76
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ExhibitB — PrnnfnfPub|icoUom
(Insert Proof nfPublication)
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