Item Q2 Q.2
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.2
Agenda Item Summary #11425
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 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 2023.
The County may at its option decide not to move forward with the assessment program later. By
adopting the attached resolution in December 2022, the County is reserving the right to use the tax
bill collection method beginning in November 2023. Collection of the assessment cannot occur
without further approval of Initial and Final assessment resolutions in the spring/summer of 2023.
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 and
construction 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
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access to their homes.
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 2023.
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.
December 8, 2021: 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.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Monroe Roadway Improvements Sea Level Rise ROI FY 23 - stamped
Ad Notice of intent resolution sea level rise Roads
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: No
Additional Details:
N/A
REVIEWED BY:
Rhonda Haag Completed 11/15/2022 1:28 PM
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Cynthia Hall Completed 11/16/2022 2:28 PM
Purchasing Skipped 11/16/2022 2:28 PM
Budget and Finance Completed 11/17/2022 8:32 AM
Brian Bradley Skipped 11/16/2022 2:28 PM
Lindsey Ballard Completed 11/17/2022 9:43 AM
Board of County Commissioners Pending 12/07/2022 9:00 AM
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RESOLUTION NO. -2022
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A RESOLUTION OF MONROE COUNTY, FLORIDA ELECTING
TO USE THE UNIFORM METHOD OF COLLECTING NON-AD
VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE
COUNTY FOR ROADWAY IMPROVEMENTS AND SEA LEVEL
RISE IMPROVEMENTS; STATING A NEED FOR SUCH LEVY;
PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, Monroe County, Florida (the "County") is contemplating the imposition of
special assessments for the provision of roadway improvements, sea level rise improvements, a
and canal dredging improvements and services; and
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 and related services to property within the County as authorized by section 0
197.3632, Florida Statutes, as amended, because this method will allow such special
assessments to be collected annually commencing in November 2023, in the same manner as 0
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 B.
NOW, THEREFORE BE IT RESOLVED:
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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, >_
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 roadway improvements, sea level rise improvements, and
related services. 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 roadway improvements, sea level rise improvements, and related services within the
County.
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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
Collector, and the Monroe County Property Appraiser by 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 said Board held on the 7th day of December 2022. 0
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Mayor Craig Cates JA
Mayor Pro Tern Holly Merrill Raschein
Commissioner David Rice
Commissioner James K. Scholl
Commissioner Michelle Lincoln
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ATTEST: Kevin Madok, CPA, Clerk Board of County Commissioners of Monroe
County, Florida 0
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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
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LEGAL DESCRIPTION 0
MONROE COUNTY, FLORIDA
CHAPTER 7.44, FLORIDA STATUTES
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EXHIBIT B
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PROOF OF PUBLICATION
[INSERT PROOF OF PUBLICATION]
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NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING
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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 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
ELECTING TO USE THE UNIFORM METHOD OF
COLLECTING NON-AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE COUNTY FOR
ROADWAY IMPROVEMENTS AND SEA LEVEL RISE
IMPROVEMENTS; STATING A NEED FOR SUCH LEVY;
PROVIDING FOR THE MAILING OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
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The resolution, if adopted, would indicate the County's intent to use the uniform method
of collecting non-ad valorem special assessments to be levied within the County as
authorized by section 197.3632, Florida Statutes, for the cost of providing roadway
improvements and sea level rise improvements for the Fiscal Year beginning on
October 1, 2023 and continuing until discontinued by the County.
The proposed resolution, which contains the legal description of the real property
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:
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
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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 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.
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ADA ASSISTANCE: If you are a person with a disability who needs special 2
accommodations in order to participate in this proceeding, please contact the Z
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-
impaired, call "711". Live Closed-Captioning is available via our web portal @
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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 W
Commissioners
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of Monroe County, Florida
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Publication Dates:
Key West Citizen: November 9, 16, 23, and 30th of 2022
Keys Weekly: November 10, 17, 24 and December 1, 2022
News Barometer: November 11, 18, 25, and December 2, 2022 0
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