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Item Q1 Q.1 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.1 Agenda Item Summary #11373 BULK ITEM: No DEPARTMENT: Waste Water TIME APPROXIMATE: STAFF CONTACT: Tina Losacco (305) 289-6051 1:30 PUBLIC HEARING AGENDA ITEM WORDING: A Resolution of Monroe County, Florida, electing to use the uniform method of collecting non-ad valorem special assessments for wastewater levied within the unincorporated area of the County; stating a need for such levy; providing for the mailing of the resolution; and providing for an effective date. ITEM BACKGROUND: In order to use the uniform method of collection of non-ad valorem special assessments in the upcoming fiscal year, a public hearing must be held before 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 dates provided in F.S. 197.3632(3)(a). A notice of the public hearing has been advertised for four consecutive weeks as required by the statute. This resolution protects the option for levying the assessments using this method in October 2023. PREVIOUS RELEVANT BOCC ACTION: The BOCC has approved the following resolutions stating the County's intent to use the uniform method of collecting non-ad valorem assessments in Duck Key; Big Coppitt, Stock Island, Lower Sugarloaf through Big Pine Key, Long Key, Key Haven, No Name Key, three parcels on Boca Chica: RE# 00122870-000000,00122880-000000, 00122890-000000 for both central sewer service and optional service for onsite systems in area to which central sewers will not be provided; Nos. 635-2006, 568-2007, 515-2008, 463-2009, 469- 2010, 440b-2011, 017-2013 and 018-2014, 406-2015, 321-2016, 363-2017, 440-2018, 485-2021, respectively. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Packet Pg. 2039 Q.1 NOI draft 2022 Legal AD NOI 2022 draft Legal AD NOI 2022 draft word FINANCIAL IMPACT: Effective Date: 10-01-2023 Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NO If yes, amount: Grant: County Match: Insurance Required: NO Additional Details: N/A REVIEWED BY: Tina Losacco Completed 11/01/2022 6:55 AM Kevin Wilson Completed 11/01/2022 7:19 PM Cynthia Hall Completed 11/01/2022 11:16 PM Purchasing Completed 11/02/2022 8:24 AM Budget and Finance Completed 11/03/2022 8:41 AM Brian Bradley Completed 11/03/2022 8:50 AM Lindsey Ballard Completed 11/16/2022 12:29 PM Board of County Commissioners Pending 12/07/2022 9:00 AM Packet Pg. 2040 Q.1.a RESOLUTION NO. -2022 A RESOLUTION OF MONROE COUNTY, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE UNINCORPORATED AREA OF THE COUNTY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County, Florida (the "County") is currently collecting special assessments for the provision of wastewater utility services; and WHEREAS,the County intends to continue to use the uniform method for collecting non-ad valorem special assessments for the cost of providing wastewater utility services, including both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided, for properties in Stock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key, and three parcels on Boca Chica: RE#00122870-000000,00122880-000000, 00122890-000000, authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in October 2023, in the same manner as provided for ad valorem taxes; and N N WHEREAS, the County previously held public hearings in the past sixteen years, a adopting resolution Nos. 635-2006, 568-2007, 515-2008, 463-2009, 469-2010, 440b-2011, 017-2013, 018-2014, 406-2015, 321-2016; 363-2017; 440-2018; 485-2021; and Z N N WHEREAS,the BOCC held a duly advertised public hearing prior to the adoption a of this Resolution, proof of publication of which being attached hereto as Exhibit A; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 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 wastewater utility services. Such non-ad valorem assessments shall be levied within Stock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key and three parcels on Boca Chica: RE#00122870- 000000,00122880-000000, 00122890-000000, including assessments for both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided. A legal description of each area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. Section 2. The County hereby determines that the levy of the assessments is needed to fund the cost of wastewater utility services within the geographic areas described above. Section 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 1, 2023. 2022 Resolution of the Monroe County Board of County Commissioners Notice of Intent—Uniform Method of Collecting Wastewater Special Assessment I Packet Pg. 2041 Q.1.a Section 4. This Resolution shall be effective upon adoption. 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 Mayor Pro Tern _ Commissioner _ Commissioner _ Commissioner Attest: Kevin Madok, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor U) N N N N N N c� Approved as to form and legal sufficiency: Monroe County Attorney's Office 11-1-2022 cj4v 4. fW 2022 Resolution of the Monroe County Board of County Commissioners Notice of Intent—Uniform Method of Collecting Wastewater Special Assessment I Packet Pg. 2042 Q.1.a EXHIBIT A PROOF OF PUBLICATION PLACE HOLDER N CN CN CN CN CN E 2022 Resolution of the Monroe County Board of County Commissioners Notice of Intent—Uniform Method of Collecting Wastewater Special Assessment Packet Pg. 2043 Q.1.a EXHIBIT B STOCK ISLAND AREA That portion of the unincorporated area bounded on the west by Cow Key Channel, on the east by Boca Chica Channel, on the north by the centerline of U.S. 1 (State Road No. 5), and on the south by the Atlantic Ocean. KEY HAVEN AREA That portion of the unincorporated area bounded on the west by Florida Bay, on the east by Atlantic Ocean, on the north by Florida Bay, and on the south by US1 and Stock Island (between MM 5.5 and 6.0), Monroe County, Florida. BIG COPPITT AREA That portion of the unincorporated area bounded on the west by Boca Chica Channel, on the east by Shark Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean (between Mile Markers 7 and 11) Monroe County, FL. LOWER SUGARLOAF THROUGH BIG PINE KEY, NO NAME KEY AREA That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound, on the N east by Big Spanish Channel and Bahia Honda Channel, on the north by Florida Bay, and on the a south by Atlantic Ocean (between MM 16.5 and 35), Monroe County, Florida. LONG KEY AREA z N N That portion of the unincorporated area bounded on the west by Long Key Viaduct, on the east by a Channel 5, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 65 and 71), Monroe County, Florida. DUCK KEY AREA That portion of unincorporated area bounded by the north by U.S. Highway 1, on the west by Tom's Harbor Channel, on the south by Hawk's Channel and on the East by Tom's Harbor Cut; but excluding Indies Island. THREE PARCELS ON BOCA CHICA The properties identified by the Property Appraiser's Parcel ID numbers: 00122870-000000, 00122880-000000, and 00122890-000000. 2022 Resolution of the Monroe County Board of County Commissioners Notice of Intent—Uniform Method of Collecting Wastewater Special Assessment I Packet Pg. 2044 Q.1.b County of Monroe zm� ',y BOARD OF COUNTY COMMISSIONERS /� Mayor,David Rice,District 4 f� The Fl® da Keys ,d Mayor Pro Craig Cates,District 1 r� � Michelle Coldiron,District 2 n� U Tames K.Scholl,District 3 Holly Merrill Raschein,District 5 NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS The Board of County Commissioners of Monroe County, Florida ("the County") hereby provides notice,pursuant to Section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non-ad valorem special assessments, for the cost of providing certain wastewater capital improvements and connections, to be levied within the unincorporated area of Monroe County encompassing the Stock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key; excluding Indies Islands, and three (3)parcels on Boca Chica: RE# 122870-000000, 0122880-00000, and 122890-000000 for the fiscal year beginning on October 1, 2023 and continuing each year 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 U) 197.3632, Florida Statutes, at a public hearing to be held on December 7, 2022 in the Commission Chambers, Murray E. Nelson Government Center, 102050 Overseas Highway, Key Largo, Mile Marker c4 102 and by Communications Media Technology (CMT). 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. All interested persons are invited to attend. Z Please note that public participation in these meetings may be conducted via Communications Media a Technology("CMT"). The connection information for members of the public who wish to attend or participate � in the Public Hearing(s) via a Zoom virtual platform will be posted on the Monroe County website at CN 1-ittp:/finonroecountyfl.iclrn2.corn/Citizens/Default.aspx. Z 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 r 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. c� ADA ASSISTANCE: Ifyou are a person with a disability who needs special accommodation in order to participate in these proceeding,please contact the County Administrator's Office, by phoning (305) 292- 4441, between the hours of 8:30 a.m. 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; iyou are hearing or voice impaired, call "711". Dated at Key West, Florida this I" day of November, 2022 . Kevin Madok, Clerk and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida For Publication as a 3X5 display ad with border: hL .± (.7ilizen New iarometer Packet Pg. 2045 Q.1.c ►;, BOARD OF COUNTY COMMISSIONERS County Of Monroe 4 �.,bn ? Mayor,David Rice,District 4 ligg The Florida Keys Mayor Pro Craig Cates,District 1 Michelle Coldiron,District 2 James K.Scholl,District 3 17 Holly Merrill Raschein,District 5 NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS The Board of County Commissioners of Monroe County, Florida ("the County") hereby provides notice,pursuant to Section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non-ad valorem special assessments, for the cost of providing certain wastewater capital improvements and connections, to be levied within the unincorporated area of Monroe County encompassing the Stock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Ke Lon Ke Duck Key; excluding Indies Islands and three 3 parcels on Boca Chica: RE# y� g y� Y g � O p � 122870-000000, 0122880-00000, and 122890-000000 for the fiscal year beginning on October 1, 2023 and continuing each year until discontinued by the County. The County will consider the adoption of a U) 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 on December 7, 2022 in the Commission Chambers, Murray E. Nelson Government Center, 102050 Overseas Highway, Key Largo, Mile Marker c4, 102 and by Communications Media Technology (CMT). Such resolution will state the need for the levy 5 and will contain a legal description of the boundaries of the real property subject to the levy. All interested persons are invited to attend. Please note that public participation in these meetings may be conducted via Communications Media Technology("CMT"). The connection information for members of the public who wish to attend or participate in the Public Hearing(s) via a Zoom virtual platform will be posted on the Monroe County website at @ � http://moliroecountyfl.igm2,corn/Citizens/Def,iult.,ispx. Q N 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. a� ADA ASSISTANCE: If you are a person with a disability who needs special accommodation in order to participate in these proceeding,please contact the County Administrator's Office, by phoning(305) 292- 4441, between the hours of 8:30 a.m. 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". Dated at Key West, Florida this 1st day of November, 2022 . Kevin Madok, Clerk and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida For Publication as a 3X5 display ad with border: r Ifiz n News Bttrotn ter Packet Pg. 2046