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Home My Public Portal About2020-68 Providing for the Uniform Method of Levying, Collecting and Enforcing non-ad valorem assessments for stormwater servicesRESOLUTION NO. 2020.68 A RESOLUTION OF THE VILLAGE COT]NCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDINGFOR THE TJNIFORM METHOD OF LEVYING, COLLECTING AND ENFORCING NON-AD VALOREM ASSESSMENTS FOR STORMWATER SERVICES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 197.3632, F.S. THROUGHOUT THE INCORPORATEDAREA OF THE VILLAGE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne ("Village") has created a stormwater utility as set forth in Chapter 29, Section 29-I, et seq., of the Village's Code of Ordinances (the "Code"); and WHEREAS, Section 197 .3632, Florida Statutes establishes a uniform method for the levy, collection and enforcement of non-ad valorem assessments (the "Uniform Method"); and WHEREAS, Section I97.3632, 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 stormwater utility 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 WHEREAS, 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, THEREFORE, BE IT RESOLVED BY THE VILLAGE COT]NCIL 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 the 2022 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 stormwater 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 "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 stormwater fees by using the uniform method of collection and entering into a written agreement with the Property Appraiser and Tax Collector for this pulpose, 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. Page2 of7 Section 5. Effective Date. That this Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 8th day of Decemher 2020. MICHAEL W. DAVEY, MAYOR ATTEST: JOCEI,YN B. K6dH VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SI.JFFICIENCY: Q,'.r-4*.^8. [C- J--, 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 UNIFORM AD VALOREM METHOD OF'COLLECTION OF A NON.AD VALOREM ASSESSMENT 26^ | LocalU State lllinnri llmlD I surMY mv4rrr s ron I NrSrHEiltoIfi rR$t PA6t ZtA PATA Depatu€nt abo d€clined to comm€nt about the SPN story on what remains an oFn inv$tigation. Seved Pata fmily memb€rs, in- cluding $iblings and Hs mofr€r, had not reMed phone calls or texts to the Miad Herald by Wedn€sday after- But Dav€ Howeu, on€ of Pata's best fdends ed a fom€r t€ammate, sdd police shodd conthue to pusue all leads in the case.rrrt\ b€enso longand therehasn't been any more trorffition that's led to an arest," h€ told the HeBld. "tud that iust leads to more fNtration for the famill' Pata was a 22-y€ar-old senior md .tud.@,tuntikruu,@il tu employee of the city of No.h Mimiandaretired t€acher dl go h€ad to head in a moff elecdon Tuesday to decide who will r€place Phyus Smith on the Nodh Miami Beach City Comision. Dadela Jeil, a filsltime canddate who works in th€ dsk management depffient in neighboring Norh Miad, finished first in th€ Nov. 3 g€neral election with about 34% of S€ votes in a sixrer- son field. Mtrgset "Margie" Love, who is Mfrg for city commbsion for a ffth tim€, lnished secondwidl 19%. Becaue no candidate took a maiority of the votes, the top M finish€rs will now face off The ffiner dl hcome the Aeach politics. Smith is temed out after n€arly 14 y€are in omc€. May' or tuthony D€Finip md Commilsion€rs Michael lo- seph and McKenzie Fleui- monal each defeated a chal- lenger Nov.3 to maintain their Jem, 34, is an administrative coordinator in No(h Miami's risk management dvision ed has worked in lGal govem- m€nt for abut eight y€ars. She was bom h Paris and moved to Nonh Mimi B€ach with h€r pd€nb, who ile Haitian-bom, when she was 6 Jean toub her statu as a millennial md refere to herslf as a "bom l€ader" and a "Foblem solver." She teaches Medcm Sign Ldguge to sch@Lag€ kids dd author€d a sef-help e-book, called (56s the city," lean said. "Theywant to see improvem€nts h fteL ma, They want to know Sq been muted duhg virud meedngs and th€atened to have thei micrcphones st off. She apFared to be refering to D€Fillipo, S€ city's mayor, who shout€d) r'Mut€ her dght nowl" h r€ference to Sdh at a meeting last mon6. hve sdd datr il she wins, she wants commission m€et- irys 'to be a con$ant rednd€r of prQer decom md civility withh ou alais. For me, that's a stdhg Fht." Unlifte l€an, Love was blmt about her take on the Intsa- coastal Mdl prcject, sayhg resid€nts of the n€arby Eastem Shor€s neighhrhood "were realyletdoM." She caledth€ develoFr pshg the project - GilDerer,whomsh€ also declned to mention by nme -a "shadychtracter" who shodtu\ be trusted. The public leam€d in 2018 that DeErwas €mploying the wife of then- mayor George valleio and pay- hg her ftough secret shell companies vallejo set up. bve and .lean bruhed off S€stions about he fact that the city's fou white el€ct€d officials tre all supofring bve, who i! white, while Mo Hdtian-hedcd comission- ers are $Wdng lean. A frrd Haitim-Medcm comdssion- €r, Michael losph, did not respnd to an inquiry about whom he's swoning. About 20 % of fre Nod Miami Beach popdation is Haitim herican, according to U.S. Censs data. The cityin nodest Mid-Dade CoMty "h a tru€ meltug pot," sdd l€an. "ThaCswhat I want to foro on: serying my commui- bve, memwhile, sgested lhewodd "ignorerace" asa city .ommissioner, iust as she "fu an educator in th€ class- room, I w6 colorblind fo. over fou decades. I iur have n€v€r se€ncolor," she said. hve rdded:'rThh is the dme to emhac€ €ach other and ignore religion, iFore race .,, and be as one in one Facefiilcomuity, one Facefri dais." k Lcibotitz:3}S-376-2235, @eron Lib Political newcomer, five-time candidate face off in North Miami Beach runoff home at the Colony Aprhents in Kenddl on Nov. 7, 2006. Pata, who was €rycted to be a Ngh NFL draft pick, had iut reM€d from pracdce. There wer€ no dir€ct eyewihesses to the sh@tug. The police depffi€trt's homicide bueau had long been tighllipp€d abst details of the inv€stigadon, but €venN- ally releas€d some dom€nts to ESPN. mPN's reFd suggested that Jonesappeed to be the most viable sup€ct. The neMork foud one plice records cover sh€et that d€scribed Jones as a "sspect" but without erylaifrg whF The doMents obtained by ESPN dso revededdath fte hoEs afterthe sh@ting, lones - who had bren ss- pend€d b€cause of a trd psitive mar- iiuana test - sHped a mddatory tem meedngatthe cmpu atliletic centei The story also saF Jones changed his phone nMber on th€ day of fre sh@! ing and asked ano$er sNdent alhl€t€ "to boFow mon€y to go out of tom." The sFds netuork frst began work- ing on the story h 2017, but the rela- tionSip with Mid-Dade Police sou€d. m€n the neMork w€nt to cofi to ask for more plice records, a judge declin€d to rel€as€ them, citing d open inv€stigation, But dwing that coM heffig, then-homicide tj€uten' ant losph Zanconato testified that there was a "ptury Frson of inter- r'We have a strong beliefwho killed Bryan Pata," Zanconato said, accor&g tO ESPN. di:r k s nab in: s o s -sz t : tn, @chwkabin oaniela Jsn, left, and ffi rgaret 'hryie- Lm are lhe lwo dndidales in a Nov t runoff fora No*hMiami Beachcity hve, 68, tr usmcessfully for Nofi Mmi Beach city coMssion in 2011, 2013, 2015 md 2018, She says her fust few campaiFs wer€ made more chalenging by her ctreer teach- ing kinderga&n in the Miami- Dade Couty hblic Schools. But she has sinc€ retild and on doors and M a campaign, "ln the b€giming, no one told me what you have to do to wh an electionr" she said. and killed outside his commission $at, "l'm amill€ndal, I'min- novative, I'm a leader," she said. Iem declined to say how she migbt hav€ hmdled tuo critical recent dsisions by fre city comdssion: one to teminate a contmct for pdvate operatior of the city's water udity, dal anofrer to aFrove a $1,5 billion r€development of the htB- coasd Mdl. hstea4 she said she prefers residents will ben€fit from those changes.I'mat we wdt is hat the promiss that should be yielded fton th€ d€cision lshould bel acsily followed tfuough," lean sdd of the wt€r utility contnct, citing the jobs that may be offered to €mployees of Jacobs Engin€ering as Nodh Miami Beach tansitions back to city conuol. Oder k€y issu€s, Jean said, include resid€nt concems ahut high water bi[s, mor€ F[c€ patsol! to prevent spe€frg, md investing more mon€y from the civs comuity red€v€lop- ment ag€ncy in small ild mi- nority-omed buinesses. Some of the cityrs neigh- borh@ds den't as w€U-k€pt as they shodd be, she added. paiCn. hve told &e Herald d e4e- rience she had in 20rO, when she was the victh of a dme and was assisted by North Mia- d Beach polic€, moved her to become a Neighborhood Cride Watch advtrate, She oryadz€d fr€etings for resid€nts at City Ha[ and browht in exp€n Sheadd€d hat, shcefrb were made to h€ civs polce deparhent nine yeils ago, she beliwes th€ depatuent hast had the funding n€cessary to supon ib ofiicers and promote coffiuity policing. "I fe€l thatw€'ve neverever recovered frcm that," sh€ said. "I will be the law-ild-ord€r bve alsosddshe'sbeen distubed by som€ of what she's seen duing city cod$ion me€tings, saying the way m€eF ings tre being conduct€d is "appalling," Without mendon- ing dyone by nme, she poinF NOTICE BY THE VILLAGE OF KEY BISCAYNE OFINTENTTO USE THE UNIFORMAD VALOREM METHOD OF COLLECTION OFA NON.AD VALOREM ASSESSMENT Notice is hereby given to all owners oflancls located within the boundaries oftheVillage ofKey Biscayne ("Village") that theVillage intends ro ue the unifom ad valor€m method for collecting the non"ad valorem assessments Iovied by the Village 6 set fofrh in Section 197.3632, nS., and that the Village Council will hold apublic hearingon December 8,2020 at 6:00p.m. at the Mllage ofKey Biscayne, Counoil Chamb€i located at 560 Crandon Boulevard, Key Biscayne, Florida 33I49. Thepurpose ofthepublic he.ring is to consider the adoption ofa Resolution authorizing the Village to use lhe uifom ad valorem method ofcollsting non-ad valorcm assessmenb levied by the Village as provided in Sectior 197.3632, LS. Copis ofthe proposed fom ofResolution are on file at the office oftheVillage Clerk,88 WestMclntyre Street, Suite 220, Key Biscayne, Florida 33 149. The Village is considering adopting a non.ad valorem assessment for each year unlil discontinued, beginning in 2021, for the purpose of collecting stofrwater utility fees snd assessments. This non-ad valorem assessment would be collect€d for the first time using the unifom ad valorem method ofcollection, and is cuetrtly collecied on the Midri.Dade Water and SewerAuthoriiy Departhent bill. Interested pdies may appear at the public hearing to be h€ard regarding the use of the unifom ad valorem method of collecting such non-ad valorem assessmens and/or may submit wriften coments to the Village Council. Wrilten com€trts should be received by the Village Clork on or before D€cember 7, 2020. Any persons desiring to present oml comments should appear at the public hearing. lfaDyperson decides to appeal anydecision rnadewith respect to anymatter considered at this public hqring, such person will need a record of the proceedings and for such purpose such person may need to ensurc that a verbatim record ofthe prooeedings is made at their own expense and which rccord includs tho 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., pemons with disabilitic needing special accommodation to participate in such public hearing should contaot the Village Clerk, Jocelyn B. Koch, at 305-365-5506 at le6t forty-eight (48) hous prior to the date of the public hearing. Dated this 5d day ofNovembor,2020. Village of Key Biscayne By: Jocelyn B. Koch, Village Clerk PUBLISH: Miami Herald Publication Dates: Novenber 8, November l5,November 22, Novombor 29 NOTICE BY THE VILLAGE OF KEY BISCAYNE OFINTENT TO USE TTTE UNIFORMAD VALOREM METIIOD OF COLLECTION OFA NON-AD VALOREM ASSESSMENT Notice is hereby given to all oMes ofldds loceted within the boundaries ofthe Village ofKey Biscayne ("ViUage") that the Village intends to us€ the unifom ad valorem method for collecting th9 non-ad valorem assessmenb levied by the Village as set fonh in Section I 97.3632, F.S., and that the \4llage Courcil will hold a publio hearing oil December 8, 2020 at 6:00 p,m, at the Village ofKey Biscayne, Council Chamber, located at 560 Cmndon Boulevard, Key Biscayne, Florida 33149. The purpose ofthe public hearing is to consider the adoption ofa Resolution aulhorizilg the Village to use the unifom ad valorem method ofcollecting non-ad vslorem assessments l€vied by the Village as provided in S€ction 197.3632, F.S. Copies ofthe proposed fom ofResolution are otr file at th€ omce of the Village Clerk, 88 West Mclntyre Street, Suite 220, Key Biscayne, Florida 33149. The Mllage is considering adopting a non.ad valorem assessment for each yearullil discontinued. beginning in 2021, for the purpose ofcollecting solid This non-ad valorem assessment vould be collected for the 6nt tim€ using the unifom ad valorem method of collectio!, dd is cwttly colleded by a direct billing system. Idteresled partie$ may appear al the public hearing to be heard regardiDg th€ use of the unifom ad valotem method of colleering such Don-ad valorem assessm€nts and/or may submit written comments to the Vllage Council. Wdttgn coments should be leceived by fte Village Clerk on or beforc December 7, 2020. Any persons desidng to pr€sont oml comments should appear at the public hearing. Ifuy peson decid6 h appeal any decision made with respect to dry mater coNidered at lbis public hearing, such pe6on will need a record of the proc€editrgs and for such purpose such pcson may need to enswe that a ve.batim record ofthe proceedings is made at their own expense and which record includs the t*timony ud evidence on which the appeal is bsed. ln accordance with the Americans with Disabilities Act of I990 and Section 286.26. F.S., pesons with disabilities needing special accomodation to pdticipate ir such public hering sbould conlact the Village Clerk, Jocelyn B. Koch, at 305-365-5506 at least fony-eight (48) houN prior to the date of the public heding, Dated this: 5s day of November, 2020. Village ofKey Biscayne By: Jocelyn B. Koch, Village Clerk PUBLISH: Miami Herald Publication Daks: November 8, November 15, November 22, November 29 EXHIBIT B PROOF' OF' PUBLICATION OF NOTICE BY THE VILLAGE OF KEY BISCAYNE OF'INTENT TO USE THE UNIFORM AD VALOREM METHOD OF COLLECTION OF A NON.AD VALOREM ASSESSMENT Page 5 of7 Miami Herald Media Company 351 I NW 91 Avenue Miami, FL33172 Iltiamilllerat0 AFFIDAVIT OF PUBLICATION I I I I IilE Account #Ad Number ldentiliction PO I 83620 0004803373-'1 0 Attention PUBLISHED DAILY MIAMI-DADE-FLORIDAVILLAGE OF KEY BISCAYNE 88 W MCINTYRE ST KEY BISCAYNE, FL 331491 846 STATE OF FLORIDA COUNTY OF MIAMI.DADE Before the undersigned authority personally appeared: VICTORIA 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 /ffi,L/ 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 Dade 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 flrst publication of the attached copy of advertisement; and affiant further says that he/she has neither paid or promised any person, firm or corporation any discount, reb€ile, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s). Sworn to and subscribed me this 1 st, day of December STEFANI SCOfi BEARD Mv Notary lD # 131768951 Expires Ociobor 23, 2022 *: I{OTICB BY THE VILLAGE OF KEY BISCAYNE OF INTENT TO USE THE UI{IFORMAD VALOREM METHOD OF COLLECTION OFA NOI{.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 forth in Section 197.3632, F.S., and that the Mllage Council will hold a public hearing on December 8,2020 at 6:00 p.m. at the Vllage of Key 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 ofthe 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 in 2021, for the purpose of collecting stormwater utility 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 on the Miami-Dade Water and Sewer Authority Department bill. 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 Village 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 person 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 Acr of 1990 and Section 286.26, F.S., persons with disabilities needing special accommodation to participate in such public hearing should contact the Village Clerk, Jocelyn B. Koch, at 305-365-5506 at least forty-eight (48) hours prior to the date of the public hearing. Dated this 5ft day of November,2}Z}. Village of Key Biscayne By: Jocelyn B. Koch, Village Clerk PUBLISH: Miami Herald Publication Dates: November 8, November 15, November ZL,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 at the 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 corner of Tract 1 of SUBDTVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA, according to the plat thereof recorded in Plat Book 46 atPage 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 I and its Westerly extension to a point in the waters of Biscayne Bay, said point being I,200 feet Westerly of the most Northwesterly corner of Tract B of FOURTH ADDITION TO TROPICAL ISLE HOMES SUBDIVISION, 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 corner 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 17 of SMUGGLERS COVE, according to the plat thereof recorded in Plat Book 18 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 at Page 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 nrn 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 COLINTY, 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 of1 EXIIIBIT D MAP OF AREAS SUBJECT TO ASSESSMENT STOR"WATER FE BO'}NDARY VIILAGE OF K* B'SCAYIIE, FLI Legend - smtrr Fs Bdnd.ry N A 0 275 550 1,100 Fed RMDdeg/tM hwn bf ffi