Item J2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
10/17/12
Division:
Public Works/En ineering_
Bulk Item: Yes
X No _
Department:
Wastewater
Staff Contact Person/Phone #: Elizabeth Wood/453-8795
AGENDA ITEM WORDING: Approval of a resolution establishing the wastewater capacity fee for
properties developed within the Cudjoe Regional centralized Inner Island Service Area after the levy
of the non -ad valorem wastewater assessments; providing for a method of adjusting for inflation;
providing for a method of collection; and providing for an effective date.
ITEM BACKGROUND: The Capacity Fee Resolution (Reso. 168-2011) for the Big Coppitt and
Duck Key Service Areas was adopted on June 15, 2011 and included the same method of collection
and adjustment for inflation. System Development Fees (SDFs) in the amount of $4,500.00 per
Equivalent Dwelling Unit (EDU) were amortized as non -ad valorem special assessments in the amount
of $401.11 per EDU on the 2012 tax bill for developed parcels within the centralized Cudjoe Regional
Inner Island Service Area. Collection for the Outer Islands is scheduled for the 2013 tax year. All
properties located within the central service area are required to connect to the central wastewater
system, when available. Properties in the Cudjoe Regional Inner Island Service Area which have been
or will be developed after the initial assessment levy should pay their share of the cost of establishing
the system. This resolution provides the mechanism to collect that share.
PREVIOUS RELEVANT BOCC ACTION: On July 18, 2012 the BOCC adopted the Cudjoe
Regional Inner Islands Final Assessment Resolution (Reso. 197-2012) levying a non -ad valorem
assessment on developed properties within the centralized service area boundaries on Upper Sugarloaf,
Cudjoe and Summerland Keys. Properties that were not developed at the time of the assessment roll
development were not included in the assessment tax roll. On July 15 2003, the BOCC adopted
Monroe County Ordinance 027-2003 authorizing the imposition and collection of assessments on
property for wastewater services.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Staff recommends adoption of the resolution.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
RESOLUTION NO. -2012
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABLISHING THE WASTEWATER
CAPACITY SERVICE FEE FOR PROPERTIES DEVELOPED WITHIN THE
CUDJOE REGIONAL CENTRALIZED INNER ISLAND SERVICE AREA
AFTER THE LEVY OF THE NON -AD VALOREM WASTEWATER
ASSESSMENTS; PROVIDING FOR
INFLATION; PROVIDING FOR A
PROVIDING AN EFFECTIVE DATE.
A METHOD OF ADJUSTING FOR
METHOD OF COLLECTION; AND
WHEREAS, the Cudjoe Regional Centralized Wastewater Treatment System herein
referred to as the "System" is to be constructed with additional capacity for future development;
and
WHEREAS, impact fees are normally exacted from future new development of properties
but cannot currently be required for wastewater because the capacity for new development for the
foreseeable future is included in the System design; and
WHEREAS, Section 2.02 of the September 6, 2005 Interlocal Agreement between
Monroe County and the Florida Keys Aqueduct Authority, as amended September 19, 2007,
establishes the levy of non -ad valorem special assessments as a County responsibility; and
WHEREAS, Monroe County levied non -ad valorem wastewater assessments to collect
System Development Fees of $4,500.00 per Equivalent Dwelling Unit (EDU) from developed
properties within the Cudjoe Regional Centralized Inner Island Service Area as described in the
Final Assessment Resolutions adopted on July 18, 2012; and
WHEREAS, due to timing of development or changes in use, some properties requiring
wastewater service may not have been included on the non -ad valorem tax roll certified in
September 2012 or may not have been included for the extent of connection required for the usage
of that property; and
WHEREAS, in order to provide equity for all users of central wastewater systems, a
mechanism is necessary to collect a wastewater capacity fee from those properties within the
Cudjoe Regional Centralized Inner Island Service Area for which initial or additional wastewater
service is required; and
WHEREAS, these wastewater capacity fees from future development have been determined
to be necessary to pay towards the anticipated debt obligation incurred to provide future
development with wastewater service; and
WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those
properties within the Cudjoe Regional Centralized Inner Island Service Area which initial or
additional wastewater service is required; and
WHEREAS, adjustments need to be made for inflation since there are financing costs for
the project; and
Cudjoe Inner Island Assessment Res. 2012
WHEREAS, the inflationary element would contribute to the overall financing costs
similar to the interest factor included on the annual assessment;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, FLORIDA, AS FOLLOWS:
Section 1.0. The following fees are hereby established for wastewater system capacity within the
Cudjoe Regional Centralized Inner Island Service Area. These fees apply to new development and
re -development for which permits are or were issued subsequent to the non -ad valorem wastewater
assessments levied on the 2012 tax bill:
1.1 Residential Service:
The wastewater capacity fee for residential service is $4,500.00 per residential unit (EDU) times an
adjustment for inflation based upon the all cities Consumer Price Index for all urban consumers
(CPI-U) as published by the Bureau of Labor Statistics of the U.S. Government. Single family
residences will be charged $4,500.00 times a CPI-U adjustment factor. The base date for CPI
adjustments for the Inner Islands Service area is December 2012. The CPI adjustment factor will
be 1.0 until the December 2012 and subsequent year CPI -Us are published. The CPI-U adjustment
factor is calculated as described below in section 2.0.
1.11 Multi -family residences will be charged $4,500.00 for each dwelling unit times the CPI-U
adjustment factor.
Wastewater capacity fee = $4,500.00 x number of EDUs x CPI-U adjustment factor (see Section
2.0 below)
1.1 Non -Residential Service:
The wastewater capacity fee for non-residential properties shall be calculated based on an
estimated EDU allocation provided by the Florida Keys Aqueduct Authority. The EDU allocation
will be based on the anticipated volume (in gallons) of wastewater anticipated to be generated by
the property divided by a volume to EDU conversion of 167 gallons/EDU. The wastewater
capacity fee will be adjusted for inflation in the same manner described in sections 1.1 and 1.11 for
residential properties. The anticipated volume shall be calculated based on the State of Florida
Department of Health System Size Determinations found in Florida Administrative Code (Chapter
64E-6.008 as of the date of this resolution).
Wastewater capacity fee = $4,500 x number of EDUs x CPI-U adjustment factor (see Section 2.0
below)
Section 2.0. The CPI-U adjustment factor is calculated each year by dividing the most recent
year's December CPI-U (not seasonally adjusted) by the CPI-U (not seasonally adjusted) for
December 2012.
Section 3.0. The wastewater capacity fee shall be collected by the Monroe County Building
Department upon issuance of a permit, or if a permit has already been issued but no certificate of
occupancy has been issued, the fee shall be collected by the Monroe County Building Department
prior to the issuance of the certificate of occupancy. If a building permit or certificate of
Cudjoe Inner Island Assessment Res. 2012
occupancy was issued but the System Development Fee was not collected pursuant to the Cudjoe
Regional Inner Islands Final Assessment Resolution nor was the wastewater Capacity Fee collected
by the Building Department, the wastewater capacity fee will be collected as a supplementary non -
ad valorem assessment to the 2012 tax roll. The non -ad valorem assessment will be collected as a
part of the annual property tax bill and will include the opportunity for prepayment.
Section 4.0. These fees shall apply to all permits and certificates of occupancy issued after the
effective date of this resolution.
Section 5.0. This resolution shall become effective immediately upon its adoption by the Monroe
County Board of County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a meeting of said Board held on the 17'' day of October.
(Seal) Attest Danny L. Kolhage, Clerk
LE
Deputy Clerk
Mayor David Rice _
Mayor Pro Tern Kim Wigington _
Commissioner George Neugent _
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor
ONROE COUNTY ATTORNEY
APP VED AS TO
U NNE A. HUTTON
COU NEIf
Cudjoe Inner Island Assessment Res. 2012