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HomeMy WebLinkAboutItem N3 N3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting April 16, 2025 Agenda Item Number: N3 2023-3875 BULK ITEM: No DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag TBD AGENDA ITEM WORDING: Discussion and direction on a draft Resolution specifying that for all neighborhoods included in the Countys roadway adaptation and improvement program for sea level rise and flooding that a capital assessment amount of$25,000 shall be assessed per billing unit towards capital costs, and each neighborhood included in a project shall contribute 100% of the operations and maintenance of the roadway adaptation project through the creation of municipal service benefit units to collect funds to pay for capital costs and ongoing operation and maintenance costs. 10:30 TIME APPROXIMATE ITEM BACKGROUND: The purpose of this item is to review and discuss a Resolution specifying that for all neighborhoods included in the County's roadway adaptation and improvement program for sea level rise and flooding that a capital assessment amount of$25,000 shall be assessed per billing unit towards capital costs, and each neighborhood included in a project shall contribute 100% of the operations and maintenance of the roadway adaptation project through the creation of municipal service benefit units to collect funds to pay for capital costs and ongoing operation and maintenance costs The Countywide Roads Vulnerability Sea Level Rise Adaptation Study identifies 97 various roadway areas for adaptation improvements by the year 2045 to mitigate flooding at a cost of$1.6 Billion, of which 49 were recommended by the year 2025 at an estimated cost of$888 Million (in 2020 $'s). The property owners in the benefit areas where roadway adaptation work may be performed will realize specific benefits as a result of roadway adaptation work, including but not limited to decreases in road flooding and maintaining 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." 2166 PREVIOUS RELEVANT BOCC ACTION: 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. February 17, 2021: Board of County Commissioners adopted Ordinance No. 002-2021, the Sea Level Rise and Flood Mitigation Program, Assessment Ordinance. 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 road for roadway improvements and sea level rise and flood mitigation projects located within Monroe County. December 7, 2022: 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. December 13, 2023: 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/or operations and maintenance costs for roadway improvements, flood mitigation projects and addressing sea level rise projects for the Twin Lakes subdivision in Key Largo, located within unincorporated Monroe County. December 11, 2024: A public hearing to consider approval of a resolution of the Monroe County BOCC on the potential use of the uniform method of collecting non-ad valorem special assessments levied within the County toward the cost of providing capital costs and/or operations and maintenance costs for roadway improvements, flood mitigation projects and addressing sea level rise projects for the Twin Lakes subdivision in Key Largo, located within unincorporated Monroe County. March 15, 2025: Discussion and direction on the potential use of the uniform method of collecting non- ad valorem special assessment(s) levied within the County toward the cost of providing operations and maintenance and capital funds for the Twin Lakes Road Adaptation project in Key Largo. INSURANCE REQUIRED: 2167 No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: N/A - Discussion DOCUMENTATION: Resolution for MSBU for OM AND CAPITAL Costs.docx 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: 2168 RESOLUTION NO. -2025 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA SPECIFYING THAT FOR ALL NEIGHBORHOODS INCLUDED IN THE COUNTY'S ROADWAY ADAPTATION AND IMPROVEMENT PROGRAM FOR SEA LEVEL RISE AND FLOODING THAT A CAPITAL ASSESSMENT AMOUNT OF $25,000 SHALL BE ASSESSED PER BILLING UNIT TOWARDS CAPITAL COSTS,AND EACH NEIGHBORHOOD INCLUDED IN A PROJECT SHALL CONTRIBUTE 100%OF THE OPERATIONS AND MAINTENANCE OF THE ROADWAY ADAPTATION PROJECT THROUGH THE CREATION OF MUNICIPAL SERVICE BENEFIT UNITS TO COLLECT FUNDS TO PAY FOR CAPITAL COSTS AND ONGOING OPERATION AND MAINTENANCE COSTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 17, 2021, Monroe County Board of County Commissioners ("BOCC") adopted Ordinance No. 002-2021 ("Ordinance"), creating an ordinance of the Board of County Commissioners of Monroe County, Florida, relating to the imposition of Municipal Service Benefit Units ("MSBU")for a sea level rise and flood mitigation programs; allowing for the future financing of improvements 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 assessments in order to pay for capital improvements and operations and maintenance costs for sea level rise and flood mitigation projects; and WHEREAS, without contributions towards capital costs by the property owners in the benefit areas of the roadway improvement projects the County will need to raise overall taxes on all residents to help fund the program; and WHEREAS, without future operations and maintenance work to maintain the work constructed by the roadway adaptation projects, the full value of the work will not be realized, and it will not be possible to realize the full potential of the constructed project; and WHEREAS, the property owners in the benefit areas where work will be performed ("Subject Properties") will realize benefits as a result of the roadway adaptation work, including but not limited to maintenance of access to their property, maintaining or increase in property values, and continued future provision of general services such as postal delivery, solid waste services, and security patrols; and Page 1 of 2 2169 WHEREAS, it is appropriate for the County to collect funds towards the cost of capital and to fully cover the cost of operations and maintenance from the property owners who realize the special benefits of the roadway adaptation work in the form of special assessments, provided the costs are distributed so thatthey are fairly and reasonably apportioned to the subject properties; and WHEREAS, the County is authorized under Section 125.01(1)(q) to establish municipal service benefit units within all or any part of the unincorporated 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); and WHEREAS, roadway adaptation work falls within the definition of "other essential facilities and municipal services." NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: 1. The Board of County Commissioners hereby authorizes staff to move forward to develop a program for the collection of special assessments from the Subject Properties in the Benefit Area of each Roadway Adaptation Project to pay for 100% of the Operation and Maintenance costs of the Project. 2. The Board of County Commissioners hereby authorizes staff to move forward to develop a program for the collection of special assessments from the Subject Properties in the Benefit Area of each Roadway Adaptation Project to contribute $25,000 per billing unit towards the Capital Costs of the Project. 3. The Board of County Commissioners of Monroe County, Florida hereby directs staff to take the steps necessary to create one or more MSBU's consisting of the Subject Properties included in the Benefit Areas of the roadway adaptation program. 4. This resolution shall take effect upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2025. Mayor Jim Scholl Mayor Pro Tem Michelle Lincoln Commissioner Craig Cates Commissioner David Rice Commissioner Holly Merrill Raschein (SEAL) ATTEST: BOARD OF COUNTY COMMISSIONERS KEVIN MADDOK, Clerk OF MONROE COUNTY,FLORIDA By: By: Deputy Clerk Mayor Page 2 of 2 2170 Liz Yongue From: Burke-Sue <Burke-Sue@MonroeCounty-FL.Gov> Sent: Friday, April 11, 2025 1:34 PM To: Shillinger-Bob; Liz Yongue; Gomez-Krystal Subject: FW: Twin Lakes Pilot Road Adaption Project (For the Record) Attachments: Twin Lakes Pilot Project Assessment.docx Hi Bob, Liz, and Krystal, Following and attached is an email/letter from Mr. David Smail pertaining to N1, N2, and N3 on the 04-16-2025 BOCC Meeting Agenda. Please add to the record if not already added. TGIF! Sincerely, Sue Burke Executive Assistant to Jim Scholl Mayor Monroe County District 3 530 Whitehead Street, Suite 102 Key West, FL 33040 305-292-3430 (Office) 850-341-5041 (Cell) Courier Stop: CLK - Stop #8 Burke-Sue@MonroeCounty-FL.Gov www.monroecounty-fl.gov �A'al k7lF Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From: David Smail <dsmail118@gmail.com> Sent: Monday, April 7, 2025 10:52 AM To: BOCCDIS4<BOCCDIS4@ Mon roeCounty-FL.Gov>; Cates-Craig<Cates-Craig@ Mon roeCounty-FL.Gov>; BOCCDIS2 <boccdis2@monroecounty-fl.gov>; BOCCDIS5<BOCCDIS5@ Mon roeCounty-FL.Gov>; BOCCDIS3 <BOCCDIS3@ Mon roeCounty-FL.Gov>; asabbag@hdrinc.com; London-Debra <London-Debra@MonroeCounty-FL.Gov>; Dottie Moses<dpmoses@bellsouth.net>; Stephanie Russo<srusso@russolawandmediation.com>; Gus Betancourt' <gus_be@hotmail.com>; Rodolfo.Perez@klwtd.com;gveliz@fkaa.com Subject:Twin Lakes Pilot Road Adaption Project 1 Some people who received this message don't often get email from dsmail11807Rmail.com.Learn why this is important CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. For years several communities in the Florida Keys have experienced road flooding during King Tides. The residents have requested the county to raise the road levels to reduce the amount of flooding. The county has selected the Twin Lakes community for a pilot project to determine if the rain/flood water can be collected, filtered and injected into wells. Construction on this pilot project started in the summer of 2024 and is scheduled to be completed in 2026. The pilot project has received funding from both the Federal and State Governments. Monroe County estimates their share of the funding will be approximately$10.8 million. At the March 25, 2025 BOCC Meeting the county recommended that the residents of the Twin Lakes community not only pay for the operation and maintenance of the system, but also reimburse the county for a portion of the construction. Each of the property owners would be assessed approximately$4,200 per year. The estimated construction costs for six other communities are much higher than the pilot project. If the county uses the same method of having the residents in the community reimburse the county for the construction, operation and maintenance of the system, I believe most residents would not agree to install a similar system in their community. In addition, I believe that the injection system may not work in communities that were built on fill and have a muck layer below the top crust. The attached letter details my concerns. I request that the county reassess that amount that the community will need to pay. In addition the county should determine if there are more economical methods to reduce flooding in future projects. David Smail 2 Monroe County Board of Commissioners 1505 Shaw Drive 1200 Truman Ave. Key Largo, FL 33037 Key West, FL 33040 April 7, 2025 Subject: Twin Lakes Pilot Road Adaptation Project Dear Commissioner: For more than ten years several communities in the Florida Keys have experienced road flooding during King Tides. The residents in these communities have come to the Monroe County Board of Commissioners requesting that the roads be raised to minimize the flooding in the community. Several years ago, the County Board of Commissioners hired an engineering company to design a flood mitigation project that would satisfy all the environmental concerns associated with the Florida Keys. It was decided that Pilot Road Project should be built to test this concept prior to raisingthe roads in other Keys communities. The Key Largo Twin Lakes Community was selected for this pilot project. Construction of the pilot project started in the summer of 2024 and after observingthe construction duringthe past few months and reviewingthe recommendations presented at the March 25, 2025, BOCC Meeting, I believe we may already know the pilot projectwill be a failure and most other communities will not want to have a similar project in their community. It appears that the county not only wants the community to pay for the operation and maintain the pilot project once complete, but they also want the community to reimburse the county for a share of the cost of building the pilot. Each property owner will be expected to pay more than$4,200 per year. The county emphasizes the need for affordable housing in the Keys to attract workers to hospitals, schools, police, and businesses. Adding a large additional assessment to the property taxes will result in more middle-class families leaving the Keys and driving down the market value of property. I also have concerns about how successfully the project will work once completed. Let me first explain my background, which I base my assessments. I am a mechanical engineer who worked for Knolls Atomic Power Laboratory for 38.5 years, which is one of the national labs that design the United States Nuclear Reactors and supports the operation of the nuclear fleet. I built critical assemblies and performed nuclear physics tests to provide key information in the design of new naval nuclear cores. I helped design some nuclear fluid systems and developed new analytical model that are being used the American Society of Mechanical Engineering. For the first forty years of the Naval Nuclear Program, when a new design nuclear power plant was designed a prototype (pilot project)was built on land to test the concept prior to building the submarine/ship. I spent 8.5 years as a Nuclear Plant Engineer operating, testing, and training the navy on how to operate the plant. Many times, we would perform tests to verify that our design would meet our customer's needs and expectations. During the construction of the Twin Lakes Pilot Project, I have noted that the contractor has installed many temporary wells that are approximately 15 feet deep. During the construction large holes and ditches were dug and due to the high-water table, the holes filled with water. The water was pumped out of the holes into large sediment tanks and from the tank into one of the temporary wells. I observed many instances when the flow exceeded the compacity of the temporary well and the water spilled on to the ground. When the contractor was questioned, I was told that much of the project area has a large muck layer a short distance below the ground surface and in some areas, it is quite deep. When the temporary well is drilled in a large muck layer, the ability to pump large amounts of water is difficult. Tony Sabbag said that they did not have problems with the temporary wells in Key West. I questioned the ability of the permanent wells that are about 120 feet deep will be able to accept the design flow of the system. I was told they believe that the permanent wells are below the muck layer and will function as designed. I noted that when 1506 Shaw Drive was built, one of the piers had to be driven 100 feet to find solid ground. One of the permanent wells has been installed near the intersection of Shaw Drive and Crane Street. Over the years this intersection has sunk by several feet and has resulted in the water line failing several times. On Adams Drive, the muck layer is very deep and there have been several failures of the water lines. I believe that the muck has a lot of water that flows through the layer as the ground water level changes and washes out the sand in the gravel that is put in the trench to support the pipe. I have discussed this issuewith the Key Largo Wastewater District and the Florida Keys Aqueduct Authority and recommended that soil stabilization needs to be done in support of the replacement of piping in areas where we have the muck. I have recommended testing the capacity of the permanent wells by pumping water into the permanent well to find out if it has sufficient capacity to meet design flows. This test can be done using the water from the construction site or from the fire hydrons. If it fails, it may be necessary to drill deeper or relocate the well. This test should be done now, instead of at the end of the project when the concrete structure has been placed over the permanent well. This raises the question: If the project fails to meet the community's needs, will the county require the continued support of the failed system? In light of these comments, I ask the county to review the assessment that will be applied to the property owners of Twin Lakes. David Smail Liz Yongue From: Burke-Sue <Burke-Sue@MonroeCounty-FL.Gov> Sent: Friday, April 11, 2025 1:36 PM To: Shillinger-Bob; Gomez-Krystal; Liz Yongue Subject: FW: Stillwright Point Agenda Item BOCC 4-16-2025 Categories: Orange Category Hi Bob, Liz, and Krystal, Following is an email received from Ms . Emilie Stewart pertaining to N1, N2, and N3 on the 04-16-2025 BOCC Meeting Agenda. Please add to the record if not already done . Sincerely, Sue Burke Executive Assistant to Jim Scholl Mayor Monroe County District 3 530 Whitehead Street, Suite 102 Key West, FL 33040 305-292-3430 (Office) 850-341-5041 (Cell) Courier Stop: CLK - Stop #8 Burke-Sue@MonroeCounty-FL.Gov www.monroecounty-fl.gov �A'al k7lF Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From: EMILIE STEWART<kzfan@aol.com> Sent:Wednesday, April 9, 2025 3:11 PM To: BOCCDIS3<BOCCDIS3@ Mon roeCounty-FL.Gov> Subject: Stillwright Point Agenda Item BOCC 4-16-2025 Some people who received this message don't often get email from kzfan@aol.com.Learn why this is important 1 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Hi Jim! Follow up to our brief conversation; I just received the April 16 BOCC agenda. I had spoken with Rhonda March 27, who assured me the Stillwright capital assessment "would be much less" than Twin Lakes because we "have more houses." Now, two weeks Later, the proposed plan is a flat capital assessment of$25,000? It is obvious we can no Longer believe anything the county tells us. I also strongly believe the omission of including all affected neighborhoods in the agenda item March 25, was intentional. We would have had a HUGE turn out in opposition of capital assessments had it appeared on the agenda or had anyone from the county informed US. And now the newest surprise for Stillwright is the 10 foot easement! No how. No way. An easement is past a right-of-way. I sent Michelle these two photos of where a 10 foot easement would be on my property. In 2008 and 2009, when the sewers were installed, they only needed the right of way, about 5 feet past the edge of the asphalt, so the "10 ft easement" would be approx. 15 feet past the asphalt's edge. Ridiculous! Homeowners with pavers, landscaping, mature trees, cement walls would have all this destroyed - thus incurring another financial burden. I'll be on via Zoom, from outside the US, for the BOCC meeting April 16. I will speak. Take care. Emilie 2 PI �, �� i ,�, >, �i✓ ���// O/l Midi t i U ���,�.„,„Y ril/ ✓yiii/»✓ d i �'Ib�V,k�lrrl/zi? r w ro �ik�hxphh� ���d AI a � -,. 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