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Item M3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Mav 18, 2005 Division:Board of CountvCommissioners Bulk Item: Yes No X Department: George R. Neugent Staff Contact Person: Terri Marble AGENDA ITEM WORDING: A detailed explanation from the County Administrator on his Municipal Assessment proposal, to pay for wastewater and how it would apply to hook-up costs in the future as opposed to the present way of doing so. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: (TYPE NAME HERE) DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 SUMMARY CONCEPT Backqround Florida law and rules of the Department of Community Affairs ("DCA") (amendments pending) require Monroe County (the "County") to achieve certain wastewater treatment levels in unincorporated areas of the County by the year 2010. The County has determined that compliance is achievable in large part through the installation of central wastewater systems throughout portions of the County although it is ambitious to believe that such installations can be completed by 2010. The County has completed a Sanitary Wastewater Master Plan (the "Master Plan") which identifies and prioritizes wastewater facility construction projects and estimates of costs based on 1999 dollars. The projects are identified on a regional basis: Upper, Middle and Lower Keys. Consistent with the Master Plan, to date, the County has cooperated with the Florida Keys Aqueduct Authority ("FKAA"), municipalities and an investor-owned utility to facilitate the construction of the wastewater projects. Under Florida law (Chapter 98-519, Laws of Florida) and as confirmed in several agreements between the County and the FKAA, the FKAA generally possesses jurisdiction to provide wastewater services throughout the County except for areas within municipal boundaries, areas within legislatively created wastewater districts, and areas served by investor-owned utilities pursuant to authorization issued by the Florida Public Service Commission. DCA Rules Comoliance There are three County wastewater activities to be completed by July 12, 2005 designated in the pending amendments to the DCA rules: a. the issuance of $40 million in financing for wastewater facilities secured by infrastructure sales surtax dollars. The County previously has issued infrastructure sales surtax bonds of which as much as $20 million may be available to fund the construction of 1 /113 wastewater projects. Currently, County staff is working with the Key Largo Wastewater Treatment District (the "District") to draft an interlocal agreement whereby the County could provide the District up to $20 million of infrastructure sales surtax bond proceeds to construct a regional wastewater facility to serve the northern portion of Key Largo, including the Key Largo Trailer Village/Key Largo Park. b. the beginning of construction of wastewater plants or laying of collection lines for Bay Point, Conch Key and Key Largo Trailer Village/Key Largo Park. With the County's assistance, the FKAA previously has initiated construction of wastewater facilities to serve the Conch Key and Bay Point areas. Connection of customers in these areas prior to July 12, 2005, is expected. As indicated above, the County is considering funding a central wastewater system to be constructed by the District which will serve the northern portion of Key Largo, including the Key Largo Trailer Village/Key Largo Park. c. the connection of 1,350 wastewater equivalent dwelling units ("EDUs",1. which basicallv represent a unit of measurement for wastewater service utilized bv one household) to the Key West Resort Utilities facilities at Stock Island. Many customers have been connected to the facilities constructed on Stock Island by Key West Resort Utilities. The County can request information from the utility to determine whether 1,350 EDUs will be connected by July 12, 2005. From these facts, it is apparent that the County has substantially complied with the near term time commitments set forth in the DCA rules. The pending rules further require that the County coordinate with the FKAA and the District for the issuance of $80 million of bonds to be secured by system development charges by July 12, 2006. The proceeds of such bonds are to be used to construct additional wastewater projects. As will be discussed later, the County may 2 consider an alternative method of financing the installation of central wastewater systems which could generate at least $80 million of bond proceeds for such purpose. Alternative for Complyinq With Florida Law and DCA Rules To date, the County has been cooperating with the FKAA, municipalities and an investor-owned utility to provide central wastewater service in the high priority areas identified in the Master Plan. Financing for such projects has been secured on a case- by-case basis. No projects constructed to date, whether such projects were financed by County funds or with other County support, are owned or operated by the County. An alternative to the current approach is for the County to become the provider of wastewater services in all unincorporated areas of the County. Areas within municipal boundaries also may be served by the County if the effected municipalities consent. By assuming this responsibility, the County may best be able to meet the obligations imposed by Florida law and DCA rules, as the County will exercise a greater degree of control over the construction of wastewater projects. Perhaps more important, if the County becomes the wastewater service provider, the County can best insure that all County residents, residential and commercial, pay a fair portion of the capital cost of such projects wherever they may be located. The following are the actions which would be required to initiate County wastewater services: 1. Enter into an interlocal agreement with the FKAA. Currently, the FKAA possesses jurisdiction to provide wastewater service in the areas described above. However, the FKAA has the power to contract away such jurisdiction by interlocal agreement with the County. The FKAA has informed the County's representatives that it is willing to investigate whether it is in the best interest of all concerned for jurisdiction over wastewater services to be transferred to the County. 2. Create a wastewater department within existing County structure or create a dependent special district by ordinance to provide wastewater service. 3. Establish necessary ordinances, policies and procedures relating to the provision of wastewater service and hire staff, at a time and in sufficient number as required as the County expands wastewater operations. In the alternative, the County 3 may consider providing wastewater services by utilizing a contract operator. Customer service, billing, financing, operations and maintenance services, or any portion thereof, may be contracted out to third parties. 4. Existing mandatory connection ordinance may need to be amended and agreements should be reached with water service providers, wherever possible, to provide for termination of water service if wastewater service fees are not paid to the County. Alternative Financinq Methods Should the County and the FKAA determine that it is in the best interests of County residents that the County assume responsibility for providing wastewater services in the unincorporated area, several financing options are available to finance construction of the necessary wastewater collection, treatment and disposal facilities. The primary sources of finances would be: a. infrastructure sales surtax revenue bonds; b. wastewater revenue bonds payable from month Iv. rates for' wastewater service; c. system development charges; and/or d. special assessments. A concept currently under consideration which would equitably spread the cost of providing wastewater service throughout the County is for the County to levy a special assessment, payable over a twenty (20) year period, in an equal amount for every EDU to be served by the County. Once the special assessment mechanism is in place, the County could issue bonds, on a project by project basis, secured by the special assessments to finance the capital costs of constructing regional wastewater facilities. To create a more uniform approach to the provision of wastewater services and to best assure that residents countywide are treated equitably, the County could enter into interlocal agreements with municipalities and districts pursuant to which the special assessment methodology for financing wastewater projects is agreed upon. Special assessments could be levied in an amount sufficient to eliminate the need for County residents to pay any up front system development charges (also known 4 l Fonnatted: Une spacing:_1.5 lines _J i Deleted: service ,--~-------_..._.._._.. as connection charges or impact fees). The intent would be to recover the identical amount of capital cost from every County resident to be provided service by the County, where possible, through a uniform special assessment (the "Uniform Special Assessment"). If a Uniform Special Assessment is levied countywide and the County issues bonds secured by special assessment revenue, the County would be able to maintain its existing bonding capacity of approximately $40 million from infrastructure sales surtax revenue. This additional bond capacity then could be tapped in the future in the event that the Uniform Special Assessment alone does not cover 100% of the capital cost of a particular project or projects. The levy of special assessments or issuance of infrastructure sales surtax revenue bonds to finance the capital cost of the wastewater projects will assist the County in maintaining the lowest monthly rates possible for wastewater service. Also, once the County begins to provide wastewater service to County residents, additional bonds could be supported by wastewater revenue. The owners of residential and commercial properties countywide would each pay an identical special assessment per EDU served. The special assessment can be collected over a twenty (20) year period. The special assessment ordinance may provide that the total amount of the special assessment outstanding becomes due and payable upon a transfer of title to the property. Property owners will be responsible for the cost of installing service laterals to be located on the property (which also are owned and maintained by the property owner) as well as the cost of decommissioning on-site sewage disposal systems at the time of initiation of the County's wastewater service to the property. Steps for Implementinq the Uniform Special Assessment Concept The following steps would have to be taken to implement the special assessment financing concept: a. designate appropriate personnel to identify the total cost of constructing wastewater projects countywide; b. identify total projected EDUs to be served by all of such projects; 5 c. divide the total wastewater project cost by the total projected EDUs to be served to arrive at an average capital cost per EDU. This average capital cost would be established as the Uniform Special Assessment; d. a County ordinance must be adopted to authorize the imposition and collection of special assessments for wastewater projects as projects are finalized and ready for construction; e. It is anticipated that the special assessments will be collected on the ad valorem tax statement pursuant to section 197.3632, Florida Statutes (the "Uniform Collection Method"); f. under the Uniform Collection Method, the County must pass a resolution notifying residents that the County could finance projects using special assessments; g. on a project by project basis, the County would pass resolutions (initial and final) necessary to levy the Uniform Special Assessment against property benefiting from each wastewater project as such projects are finalized and ready for construction. If grants or other no cost funding is obtained or if the Uniform Special Assessment exceeds projected project costs, the Uniform Special Assessment can be adjusted; h. a Uniform Special Assessment, unless adjusted by the County, is levied against benefited property on a project by project basis to finance the capital cost of bringing wastewater service to the property; and i. the County issues bonds secured by the special assessments with the proceeds funding the project construction costs. In the event that the Uniform Special Assessment does not cover 100% 0' the capital cost of a particular wastewater project, the County will be responsible for securing additional capital funds necessary to complete the project. Grants, low interest loans, revenue bonds, and infrastructure sales surtax bonds are a few of the potential sources of such revenue. If the Uniform Special Assessment exceeds the capital cost of a particular project, special assessments shall be adjusted to reflect the actual costs. The wastewater projects which would be constructed under this concept would be constructed over a period of years. Florida law requires that the benefit for which a 6 property owner is paying a special assessment must be capable of being realized within a reasonable time after the special assessment is initiated. Since it is anticipated that construction costs used to determine the Uniform Special Assessment will be stated in 2005 dollars, it is expected that the cost of projects which initially may be projected to cost less than the Uniform Special Assessment amount will approach such uniform amount over time and may perhaps exceed such amount by the time the project is initiated and the special assessment is authorized by the County. The overriding premise of the Uniform Special Assessments is the fact that the County is obligated by Federal and State laws and regulations to achieve certain wastewater treatment levels countywide. The County has determined that such levels can best be achieved by closely coordinating the construction of central wastewater facilities throughout the County. Federal, State and local authorities each have acknowledged the significant public interest in protecting the public health, safety and welfare of Key's residents and visitors as well as preserving the unique pristine environment of the Florida Keys and its precious beaches, coral formations, waters and aviary and marine life. These matters are of critical concern to all residents and businesses of Monroe County and thus a countywide approach to resolving existing wastewater issues will best protect these identified interests. F:ITally DatalGeneral DatalWPDATAIPROJECTSIMonroe County\05081 \sUMMARY CONCEPT.doc 7