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Home My Public Portal About2020-67 Providing for the Uniform Method of Levying, Collecting and Enforcing non-ad valorem assessments for solid waste feesRESOLUTION NO. 2020-67 A RESOLUTION OF THE VILLAGE COTJNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE UNIFORM METHOD OF LEVYING, COLLECTING AND ENFORCING NON.AD VALOREM ASSESSMENTS FOR SOLID WASTE FEES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 197.3632, F.S. THROUGHOUT THE TNCORPORATED AREA OF THE VILLAGE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AAI EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne ("Village') is authorized to impose fees for the collection of solid waste and the provision of recycling services as set forth in Chapter 2, Section 2-61, et seq., of the Village's Code of Ordinances (the "Code"); and WHEREAS' Section I97 .3632, Florida Statutes establishes a uniform method for the levy, collection and enforcement of non-ad valorem assessments (the "Uniform Method"); and WHEREAS, Section 197.3632, Florida Statutes, authorizes the Village to elect to utilize the Uniform Method; and WHEREAS, the Village Council desires to use the Uniform Method for the purpose of collecting solid waste and recycling fees; and WHEREAS, prior to the adoption of this Resolution, the Village Council advertised and conducted a public hearing, as shown on the advertisement and proof of publication attached hereto and incorporated herein as Exhibits "A" and "B," respectively; and WIIEREAS, pursuant to Section 197 .3632, Florida Statutes, the legal description of the properties which may be subject to the levy of non-ad valorem assessments is attached hereto and incorporated herein as Exhibit "C;" and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. Page I of7 NOW, THERE,FORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Intent. Commencing with the2022 Fiscal Year, concluding September 30, 2022, the Village of Key Biscayne intends to use the uniform method of collecting non-ad valorem assessments as authorizedby Section I97.3632, Florida Statutes, as amended from time to time, for solid waste and recycling fees. Such non-ad valorem assessments will be levied within the incorporated area of the Village, as described in Section 1.03 of the Village Charter. A legal description and a map of the area which may be subject to the non-ad valorem assessment is attached hereto and incorporated herein as Exhibits "C" and o'D," respectively. The non-ad valorem assessments and the Village's use of the uniform method of collecting its non-ad valorem assessments may continue for more than one year. Section 3. Authorization. That the Village Council hereby authorizes the Village Manager to implement the intent and purpose of this Resolution by, including but not limited to, notifuing the Miami-Dade County Property Appraiser's office, the Tax Collector and the Department of Revenue for the State of Florida of the Village's intent to collect solid waste fees by using the uniform method of collection and entering into a written agreement with the Property Appraiser and Tax Collector for this purpose, subject to the approval of the Village Attorney as to form, content, and legal sufficiency. Section 4. Direction to Villaee Clerk. The Village Clerk is hereby directed to send certified copies of this Resolution to the Miami-Dade County Property Appraiser, Miami-Dade County Tax Collector, and the Florida Department of Revenue. Page 2 of7 Section 5. Effective Date. That this Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 8th_ day of 2020. MICHAEL W. DAVEY, MAYOR ATTEST: B. VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 3 of7 EXIIIBIT A COPY OF NOTICE BY THE VILLAGE OF KEY BISCAYNE OF INTENT TO USE THE T]NIF'ORM AD VALOREM METHOD OF COLLECTION OF'A NON.AD VALOREM ASSESSMENT D6UY ruYUlET X Milut{Eutufl lllinrri ilsnl!Natlon | 7^ Buffalo diocese is accused of yearslong cover-up of sexual abuse ..! Acivil lasuit alleqesthat former Bi5hop Richard Malone and othersused bureaucratic maneuvers to shelter more thantwodozen priestsaccusedof harmingchildren. Champion Ken Jennings will be first interim'Jeopardy!' host The New York aftoh€y general, ktitia lmes, otr Monday acseal lhe Ro- man Ca$olic Di@ese of Buffilo md thee bishops comed€d to it of engaging in a yearslong cover-up of senal abse by pdests in violation of chwch poliry The lawsuitis lhe firet sate l€gal action agai$t the Catholic chuch in New Yorl since a new wave of abse inv€stigations beguin2018, dditis the culmination of ist on€ of eight h$fies, one for each Catholic diocese h the state. The other sev€n in- Sfies are ongoing and could yield fider lawsuits. The lawsuit represenb what prosedtos hlieve is a novel legal *.at€ry: The state will atempt to ue cMl laws, in pdiqdil those goveming rcligios chadds Md thei fiduc! des, to sue a Catholic doc€se for failing to follow chuch polcies enacted in 2002 after a series ofin- vesti$tive reptu by The Boston Globe srust the - ademand Sar dght &aw pushback from Sose who believe this encroach- €s into chwch autonony, The afromey g€nenl said her office's inv€stigrtion foud that the ditr€se and its &o form€r top lead€rs, Bishop Richard l. Malone dd Auiliary Bbhop Ed- ward M. crcsz, wd bu- reaucntic m&€uvels to shelter more &an Mo doz- en pfi$ts accused of ham- ins children. lames said in a stat€m€nt that the proseetion aimed to right bth a breach of trust and "a c*is offaith." "For yeils, fre Diocese of Bufialo and its lead- ercNp failed to protect cd&en ftom senrl abNe," she said. "Instead, they chos€ to proEct 6e very priests who were cred- ibly acased of these abo- cious acts. hdviduals who are victims of abue de- sePe to have their claimsjutly ud timely inv€stisa! ed and detemined, and the Buffdo Diocese refused to giv€ them that chanc€." Greg frcker, a sFkes- Froon for fre diocese, sdd it was reviewing he lawsuit and was committ€d to working wilh the civil au- thorities to investigate "allegedcrims ndcom- pldnts."!'In the medtim€, we wkh to rciterate Sat there abu€ of a minor or of s€x- ud heassm€nt of an adult "l€opddyl" record- holder Ken Jennings will b th€ first h a sedes of inter- im hosts r€placing Alex Trebek when h€ show r€smes producdon next Monday, Producers dnouced Monday that lendngs, who won 74 games in a row and cltued fre show's "Creats e*of dhe" titleh a compeddon last y€e, wi[ host episodes that will aL in JanW. A long-tem host to re- place Trebek, who died of canc€r on Nov. 8, will be namedlater, "By bdnghg h fmiliar gue* ho$s for he fore- seeable tuue) ou goal is to create a sense of com- muity md continuity for ou viewere," the show's exeotive producer, Mike Richdds, said. The show is in its 37th year of rydication, and Treb€k was its only host. It is still ahhg shows &at Trebek filmed before his death. &t neming host€d etrfi- €reditionr of S€ game shou hcluding the origL Ks J4oi6 rcn 74 Fm6 in a @ on lepardy! and claimed the shds 'Gr€t6t of All llmd title in a comf tition lilt ysi Late hct Alex Trebekt firol reek sex-abuse scandd into public view. It als dght raise Ses. tions abut r€ligious fiber t$ In addition to r€sdtution and chang€s in Se way he dioc€se hndles sxual- abue claims, ihe law$it seeks to ban vo bishops from management roles h any cheitable orgatution in the Diocese of Buffalo by any membs of the clerg, €mploye€ orvolute€r," he sdd. "The djoces€ hasput h place dgorous Fliciesed protocols goveming re$ted behavior as w€ll as a code of conduct which all clergyare expected to abide by." of Sffidllairsbdirus Jan.4 Jenni$'episde 6 hd bqin 6 Jan. 11 nal "l€opardyl", which debuted in 1964 otr NBC and aired for a d€cad€. Richuds said "JeaaF dy! " will air r€Fat epi sodes forthe hotday weekbesimhs D€c.21 dd 28, meiling Trebek's final w€ek of shows wifl air stding Monday, Iil, 4. Jemhgs' Aisodes begh onJd.11. ,*r \1;F."i 18,2020, al g:00 r.m. Thursday, November 26, 2020 the Thanksgiving holiday. We on 5:30Pt NOTICE BY TIIE VILLAGE OF KEY BISCAYI\E OF INTENT TO USE THE UNIFORMAD VALOREM METHOD OF COLLECTION OFA NON-AD VALOREM ASSESSMENT Notice is hereby given to all ownes of lmds located within the bouudari€s ofthe Mllage ofKey Biscayne ("Village") that the Village intends to use the unifom ad valorem method for coll€cting the non-ad valorem assessmenb Ievied by the Mllageas set fonh in Section 197.3632, F.S., mdthat the Village Coucil will hold a public hearing on D€cember 8, 2020 at 6:00 p.m. at the VillageofKeyBiscayne, Couucil Chamber, located at 560CtudonBoulevard, Key Bi$cayne, Florida 33149. The purpose ofthe public hearing is to consider lhe adoption ofa ResolutioD authorizing the Village to use the unifom ad valorem method ofcolleoting non-ad valorem assessme.ts levied by the Villago as provided in Section 197,3632, F.S. Copies ofthe proposed fom ofResolution are oD file at the omce ofthe Village Clerk, 88 West Mclntyre Steet, Suite 220, Key Biscayne, Florida 33149. The Villag€ is considering adopting a non-ad valor€m assessment for each yea. util discontinued, begiming in 2021, for the purpose ofcollecting solid waste fe€6 and asEessments. This non-ad valorem asseslmgDt vould be collected for the 6rst time using the unifom ad valorem method ofcollection, and is cMently collected by a dircct billing system. Interested panies may appear at tho public hearing to be h@rd regarding lhe use of the unifom ad vdorem method of coll€cting such non-ad valorem assessments alayor may submit wriften comfrenls to th€ Village Council. Written coments should be received by the Village Clerk on or before December 7, 2020. Any person$ desiring to present oral commenls should appearat the public hearirg, Ifany pe6on decidG to appeal any decision mad€ with r€spect to ary matt€r considercd at this public hearing, such person will deed a record of the proceedings and for such purpose such penon may need to eilsw that a verbatim record ofthe proceedings is made at lh€ir om expense ard which record includes the tstinony @d evidence on which the appeal is based. ln accordaoce vitb the Americatr with Disabilities Acl of 1990 aod Section 286.26, nS., persons with disabilities n€eding speoial accommodation to participate in such public hearing should contact the Village Clork, Jocelyr B. Koch, at 305-365.5506 at least forty-eight (48) hours pdor to the date of the public hearing. Dated this: 5'h day ofNovember,2020. Village ofKey Biscayne Byl Jocelyn B. Koch, Village Clerk PUBLISH: Miami Herald Publication Dates: November 8, Nov€mber 15, Noveober 22, Novembor 29 NOTICE BY THE VILLAGE OF KEY BISCAYNE OFINTENT TO USE THE UNIFORMADVALOREM METHOD OF COLLECTION OF A NON-AD VALORI,M ASSESSMENT Notice is hereby given to all owners oflands located within the boundaries ofthe Village ofKey Biscayne ("Village") that the Village intends to use the unifom ad valorem method for collecting the non-ad valorem assessments levied by the Villag€ 6 set fonh in Section 197.3632, RS.. and that the Village Council will hold a public hearing onDecember8,2020 at6:00p.m. at the Village of Key Biscayne. Council Chamb€i located at 560 Crandon Eoulevard, Key Biscayng, Florida 33149. The purpose oflhepublic hearing is to considerthe adoption ofaResolution authorizing the Village to use the sifonn ad valorrm method ofcollecting non-ad valorem assessments levied by the Village as provided h Section 197.3632, F.S. Copis oflhe proposed fom ofResolution are on file at the office oftheVillage Clerk.88 WestMclntFe Sheet, Suite 220, K€y Biscayne, Florida 33149. The \4llage is considering adopting a non-ad valorem assessment for each year until discontinued, beginoing in 2021, for the purpose of collecting stomwatff utility fges and assessments, This non-ad valorem assessment would be collected for the ffFt time using th€ unifom ad valorem method ofcollection, and is cMently collected on the Mimi-Dade Wat€r and SewerAuthority D€partmenl bill. Interested parties may appear at the public hearing to be heard reg{ding the use of the unifonn ad valorem nlethod of collecting such non-ad valorem asessmgnts and/or may submit Miften coments to the Village Council. Written commenls should be received by the Village Clerk on or before December 7, 2020. Any persoos desiring to present ofrl commenls should appear at the public hearing. lfany pe6on decides to appeal any dsision made wilh respectto my matter considercd at this public hearing. such person will need a record of the proceedings and for such purpose such person may need to ensue that a verbatim record ofthe proceedings is made at their own €xpense and which record includgs tho tostimony and evidence on which the appeal is based. In accordance vith theAmericans with DisabilitiesAct of 1990 and Section 286.26, F.S., pesons with disabilities needing special accommodation lo participate itr suoh publio hearing should coltact the Mllage Clerk, Jocelyr B. Koch, at 305-365-5506 at ledt fony-eight (48) hous prior to the date of the public heding. Dated tlis 56 day ofNov€nber,2020. Vllage ofKey Biscayne By: Jocelyn B. Koch, village Clerk PUBLISH: Miami Herald Publication Dates: November 8, November 15, November 22, November 29 EXIIIBIT B PROOF'OF PUBLICATION oF' NOTICE BY THE VILLAGE OF'KEY BISCAYNE OF'INTENT TO USE THE LINIFORM AD VALOREM METHOD OF COLLECTION OF'A NON.AD VALOREM ASSESSMENT Page 5 of7 Miami Herald Media Company 3511NW91Avenue Miami, FL33172 ffltiamilfieratb AFFIDAVIT OF PUBLICATION Account #Ad Number PO 1 83620 0004803373-09 Attention PUBLISHED DAILY MIAMI-DADE-FLORIDAVILLAGE OF KEY BISCAYNE 88 W MCINTYRE ST KEY BISCAYNE, FL 331491 846 Before the undersigned authority personally appeared: MCTORIA RODELA, who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Miami-Dade County, Florida; that the attached copy of the advertisement that was published was published in said newspaper in the issue(s) of Publication: Miami Herald Zone: MIA-Full Run November 29, 2020 STATE OF FLORIDA COUNry OF MIAMI.DADE v6dt Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dede County, Florida each day and has been entered a second class mail matter at the post offce in Miami, in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afliant fudher says that he/she has neither paid or promised any person. firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspape(s). Sworn to and me this 1 sl, day of December STEFANI SCOTT BEARD My Notary iD # 131708951 Expires October 23, 2A22 NOTICE BY THE VILLAGE OF KEY BISCAYNE OF INTENT TO USE THE UNIFORM AD VALOREM METHOD OF COLLECTION OFA NON-AD VALOREM ASSESSMENT Notice is hereby given to all owners of lands located within the boundaries of the village of Key Biscayne ("Village") that the village intends to use the uniform ad valorem method for collecting the non-ad valorem assessments levied by the village as set forlh in section lg7 .3632,F.s., and that the village council will hold a public hearing on December 8,2020 at 6:00 p.m. at the village ofKey Biscayne, council chamber, located at 560 crandon Boulevard, Key Biscayne, Florida 33149. The purpose of the public hearing is to consider the adoption of a Resolution authorizing the village to use the uniform ad valorem method of collecting non-ad valorem assessments levied by the village as provided in Section 197.3632, F.S. copies of the proposed form of Resolution are on file at the office of the village clerk, 88 west Mclntyre Street, suite 220, Key Biscayne, Florida 33149. The village is considering adopting a non-ad valorem assessment for each year until discontinued, beginning in202l, for the purpose of collecting solid waste fees and assessments. This non-ad valorem assessment would be collected for the first time using the uniform ad valorem method of collection, and is currently collected by a direct billing system. Interested parties may appear at the public hearing to be heard regarding the use of the uniform ad valorem method of collecting such non-ad valorem assessments and/or may submit written comments to the Village Council. written comments should be received by the viltage clerk on or before December 7, 2020. Any persons desiring to present oral comments should appear at the public hearing. If any person decides to appeal any decision made with respect to any matter considered at this public hearing, such person will need a record of the proceedings and for such purpose such pelson may need to ensure that a verbatim record of the proceedings is made at their own expense and which record includes the testimony and evidence on which the appeal is based. In accordance with the Americans with Disabilities Act of 1990 and Section 286.26, F.s., persons with disabilities needing special accommodation to participate in such public hearing should contact the viilage clerk, Jocelyn B. Koch, at 305-365-5506 at least forty-eight (48) hours prior to the date of the public hearing. Dated this: 5'h day of November, 2020. Vllage of Key Biscayne By: Jocelyn B. Koch, Village Clerk PUBLISH: MiamiHerald Publication Dates: November 8, November 15, November 22,November 29 EXHIBIT C LEGAL DESCRIPTION OF AREAS SUBJECT TO ASSESSMENT The Village's corporate boundary as set forth in Section 1.03 of the Village Charter, to wit: BEGIN althe point of intersection of the West line of Crandon Boulevard with the South line of Crandon Park, said point of intersection also being the Northeast comer of Tract 1 of SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, according to the plat thereof recorded in Plat Book 46 at Page 86 of the Public Records of Dade County, Florida; thence run Westerly along said South line of Crandon Park, also being the North line of said Tract 1 and its Westerly extension to a point in the waters of Biscayne Bay, said point being 1,200 feet Westerly of the most Northwesterly corner of Tract B of FOURTH ADDITION TO TROPICAL ISLE HOMES SUBDryISION, according to the plat thereof recorded in Plat Book 53 at Page 39 of the Public Records of Dade County, Florida;thence run Southwesterly, to a point in the waters of Biscayne Bay, said point being the point of intersection with the Southwesterly extension of the Southeasterly line of Lot 7 in Block 1 of MASHTA POINT SUBDIVISION, according to the plat thereof recorded in Plat Book 131 at Page 37 of the Public Records of Dade County, Florida, said point of intersection being 1,000 feet Southwesterly of the most Southeasterly comer of said Lot7, as measured along the Southwesterly extension of the Southeasterly line of said LotT; thence run Southeasterly to a point in the waters of Biscayne Bay, said point being the point of intersection of the Southwesterly extension of the Southeasterly line of Lot I7 of SMUGGLERS COVE, according to the plat thereof recorded in Plat Book 78 at Page 83 of the Public Records of Dade County, Florida, with the Westerly extension of the South line of the Waterway shown on the plat of CANOGA PROPERTIES- KEY BISCAYNE, FLORIDA, according to the plat thereof recorded in Plat Book 65 at Page 88 of the Public Records of Dade County, Florida; thence run Easterly, along the South line of said Waterway and its Westerly and Easterly extensions to a point in the Atlantic Ocean, 500 feet Easterly of the Erosion Control Line, as said Erosion Control Line is shown on the plat thereof recorded in Plat Book 74 atPage 26 of the Public Records of Dade County, Florida; thence run Northerly along a line 500 feet Easterly of and parallel to the said Erosion Control Line to the point of intersection with the Easterly extension of the said South line of Crandon Park; thence run Westerly along the said South line of Crandon Park and its Easterly extension to the Point of Beginning; AND BEGIN at the point of intersection of said South line of Crandon Park with the centerline of Crandon Boulevard, said centerline of Crandon Boulevard being the centerline of Tract 10 of said plat of SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, and its Northeasterly extension; thence run Westerly along the South Line of Crandon Park for a distance of 400 feet; thence run Northerly at right angles to the South line of Crandon Park for a distance of 700 feet; thence run Easterly parallel with the South Line of Crandon Park for a distance of 750 feet more or less to said centerline of Crandon Boulevard; thence run Southwesterly along said centerline of Crandon Boulevard for a distance of 783 feet more or less to the South boundary of Crandon Park and to the POINT OF BEGINNING. Page 6 of7 EXHIBIT D MAP OF ARE,AS SUBJECT TO ASSESSMENT SOL'D WAST E FEE BO UN DARY VI IIAGE O F Kg B'SCAYIIE, FL0 Legend Sdd l.&$ Fee Bsndry N A 0 265 s30 1.60 Feetlr'l',1 RdidDetegnM Mnby: KX J *13"r^