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Item P13 P13 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE u,.. 9 Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 - James K. Scholl,District 3 ' David Rice,District 4 Board of County Commissioners Meeting June 21, 2023 Agenda Item Number: P13 2023-1136 BULK ITEM: No DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Judy Clarke AGENDA ITEM WORDING: A Public Hearing to consider adoption of an Ordinance revising Section 19-4 of the Monroe County Code to increase the toll rates for Card Sound Road Toll. The Sunpass 2-axle rate will increase from $0.87 to $1.00 per axle and the 3-axle or greater rate will increase from $1.14 to $1.28 per axle. The Toll-by-Plate 2-axle rate will increase from $1.31 to $1.50 per axle and the 3-axle or greater rate will increase from $1.71 to $1.92 per axle. ITEM BACKGROUND: When the Board approved the revised rates for the All-electronic Tolling (AET) System at its March 21, 2018 meeting, it also directed for the rates to be adjusted annually in accordance with the Consumer Price Index (CPI). This public hearing is being held to consider adoption of an ordinance to increase the rates. The Sunpass 2-axle rate will increase from $0.87 to $1.00 per axle and the 3-axle or greater rate will increase from $1.14 to $1.28 per axle, and each additional axle will increase from $1.14 to $1.28. The Toll-by-Plate rate will increase from $1.31 to $1.50 per axle for two axle vehicles, and the per axle rate for 3-axle or greater will increase from $1.71 to $1.92. The ordinance provides for the increase toll rates to become effective October 1, 2023 at 12:00 a.m. PREVIOUS RELEVANT BOCC ACTION: The Board at its May 17, 2023 meeting approved advertising a public hearing to be held at its June 21, 2023 meeting. The Board at its June 15, 202 meeting adopted Ordinance No. 015-2021 setting the rates at $0.87 for 2- axle $1.14 for 3-axle or greater rate. The Toll-by-Plate rates were established at$1.31 per axle for 2- axle and$1.71 per axle for 3-axle or greater. The Board at its May 18, 2022 meeting approved advertising a public hearing to be held at its June 15, 2022 meeting. The Board at its June 16, 2021 meeting adopted Ordinance No. 015-2021 setting the rates at$0.80 for 2- axle and$1.05 for 3 axle or greater. The Board at its May 19, 2021 meeting approved advertising a public hearing to be held at its June 16, 2021 meeting. The Board at its August 19, 2020 meeting adopted Ordinance No. 28-2020 setting the rates at$0.78 for 2-axle and $1.03 for 3 axle or greater. 4152 The Board at its July 27, 2020 meeting scheduled a public hearing for 8/19/20 in Key West, FL at 1:30 P.M. or as soon thereafter as may be heard. The Board is its September 5th, 2019 Budget meeting adopted Ordinance No. 032-2019, which increased the toll rates by 2.1% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy and set the rates for 2-axle vehicle at$.077 per axle and for Vehicles of 3 axle or greater at $1.02 per axle. The Board adopted Ordinance No. 008-2018 setting the revised rates and discount rebate program at its May 16, 2018 meeting. The Board approved the revised rates for the all-electronic tolling (AET) system and discounted rebate program at its March 21, 2018 meeting held in Key Largo. The Board approved the Agreement with FDOT for SunPass and Toll-By-Plate Electronic Toll Collection at the Card Sound Road Toll Facility at its April 12, 2017 meeting Ordinance No. 002-2004 was approved by the BOCC at its February 18, 2004 meeting. Ordinance No. 009-1995 was approved by the BOCC at its February 21, 1995 meeting. Ordinance No. 028-1992 was approved by the BOCC at its September 15, 1992 meeting. Ordinance No. 034-1989 was approved by the BOCC at its November 1, 1989 meeting. Ordinance 018-1989 was approved by the BOCC at its June 27, 1989 meeting. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval as requested. DOCUMENTATION: NOI Revised Toll Rates --Final 2023.pdf Ordinance to increase rates by CPI and rounded for FY 24-signed 6 6 23.pdf FINANCIAL IMPACT: Effective Date: The ordinance provides an effective date of 10/1/23. Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes. If yes, amount: The amount is depend upon the users of Card Sound Road. Grant: County Match: Insurance Required: N/A 4153 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 21,2023, at 9:00 A.M. or as soon thereafter as the matter may be heard, at the Murray E. Nelson Government Center, 102050 Overseas Highway, Key Largo, Florida, the Board of County Commissioners of Monroe County,Florida, intends to consider adopting the following ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 19-4 OF THE MONROE COUNTY CODE PROVIDING FOR REVISED TOLL RATES AND TOLL-BY-PLATE RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed ordinance may be inspected by the public at the Monroe County website by viewing the agenda packet for the June 21, 2023 meeting, which will be posted beginning on June 9, 2023 at: lttp./� na � airfltyfl..Ilam2.ca.�m/citizens/dc�ar�llt.asp . The ordinance may also be viewed at the Monroe County Attorney's office at 1111 121h St. Ste. 408 Key West,FL 33040. The public can participate in the June 21, 2023 meeting of the Board of County Commissioners of Monroe County, FL by attending in person or via Zoom. The Zoom link can be found in the agenda at htt. :!lmonroeeount fflai m2,0e��m�eitizens�del°au➢taas �. 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)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 @ tt oll z a tlr C„ r 2e ..................................................../1�t.. for meetings of the Monroe County Board of County Commissioners. Dated at Key West, Florida,this 17' day of May,2023. (SEAL) KEVIN MADOK, Clerk of the Circuit Court and Ex Officio Clerk of the Board of County Commissioners of Monroe County,Florida Publication Dates: Keys Weekly(Thur., 05/25/2023) Keys Citizen (Sat., 05/27/2023) News Barometer(Fri., 05/26/2023) 4154 ORDINANCE NO.: -2023 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 19-4 OF THE MONROE COUNTY CODE PROVIDING FOR REVISED TOLL RATES AND TOLL-BY-PLATE RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (BOCC) after discussion and public input at its March 21, 2018 meeting in Key Largo set the toll rate for the Card Sound Road at $.75 per axle for 2-axle vehicles; $1.00 per axle for vehicles with greater than 2-axles to be effective upon implementation of the all-electronic tolling (AET) system and directed for the rate to be adjusted annually in accordance with the Consumer Price Index (CPI); and WHEREAS, the BOCC adopted Ordinance No. 008-2018, which increased the rates and became effective upon the completion of the all-electronic tolling (AET) system on Card Sound Road; and WHEREAS, the BOCC adopted Ordinance No. 032-2019, which increased the toll rates by 2.1% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 20 (effective October 1, 2019); and WHEREAS, the BOCC adopted Ordinance No. 028-2020, which increased the toll rates by 1.2%in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 2021 (effective October 1, 2020); and WHEREAS, the BOCC adopted Ordinance No. 015-2021, which increased the toll rates by 1.6%in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 2022 (effective October 1, 2021); and WHEREAS, the BOCC adopted Ordinance No. 007-2022, which increased the toll rates by 8.5% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 2023 (effective October 1, 2022); and WHEREAS, due to increased administrative cost for the processing and collection of toll-by- plate customers, a separate toll-by-plate rate was added for these customers to offset the higher administrative cost effective October 1, 2022; and WHEREAS, the toll rates are being revised as set forth below pursuant to the BOCC's direction to adjust the rates annually in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy, which rose 5% over the last 12-months and which is rounded to the nearest dollar for consistency at each per axle and toll-by-plate rates; 4155 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Section 19-4(b)(1) shall be amended to read as follows (added text noted in underlined text and deleted text noted in stfikethfettgh text): (b) Toll schedule. (1) The following toll per axle schedule is hereby established for travel through the Card Sound Road and Toll Bridge Facility: 2-axle vehicle $.8-7 1.00 Vehicles of 3-axle or greater $444 1.28 Each Additional axle $444 1.28 Toll-b - late 2-axle vehicle $4—.4 1.50 Vehicles of 3-axle or reater 4-.74 1.92 Each Additional axle 4-.74 1.92 SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person,property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes and shall be effective October 1, 2023 at 12:00 a.m. 4156 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the 21th day of June 2023. Mayor Craig Cates Mayor Pro Tem Holly Raschein Commissioner Michelle Lincoln Commissioner James K. Scholl Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (SEAL) Mayor Craig Cates ATTEST: KEVIN MADOK, CLERK MONROE COUNTY ATI01WEY B ic'c Aslr a. . y CP RIS 1NELIM ERP'-BARROWS As Deputy Clerk ASSNTANT COUNTY A`TORNF-'Y P S OAT6 6/ /23.. 4157