Item P1M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: P.1
Agenda Item Summary #3434
BULK ITEM: No DEPARTMENT: Waste Water
TIME APPROXIMATE: STAFF CONTACT: Tina Losacco (305) 289 -6051
5:05 PM Public Hearing
AGENDA ITEM WORDING: A Public Hearing for ratification of the annual rate resolution
approved by the Board at their budget hearing held 9/27/17 to continue the imposition of wastewater
assessments for all previously approved assessment rolls including East & West Long Key; No
Name Key; Middle/Big Torch Key; Expanded parcels within Cudjoe Regional; Cudjoe Regional
Inner & Outer Islands including Supplemental; Big Coppitt and Duck Key & Supplemental and the
Stock Island service areas.
ITEM BACKGROUND: Collection of annual assessments began for the Stock Island Service
Area for the 2004 tax year via Resolution 265 -2004. Collection of annual assessments for the Big
Coppitt and Duck Key Service Areas began for the 2007 tax year via Resolution 302 -2007.
Collection of annual assessments began for the Cudjoe Regional Centralized Inner Island for the tax
year 2012 via Resolution 197 -2012. Collection of annual assessments began for the Cudjoe
Regional Centralized Outer Island for the tax year 2013 via Resolution 198 -2012. Collection of
annual assessments began for East/West Long Key and No Name Key and Middle/Big Torch Key
and Expanded Parcels within Cudjoe Regional wastewater service area for the 2015 tax year via
Resolution 185 -2015. Collection of annual assessments began for the Stock Island Service Area
Phase 2 for the 2017 tax year via Resolution 116 -2017.
Ordinance 027 -2003 requires that the annual rate resolution be adopted "during the budget process."
This annual rate resolution was scheduled for approval at the Board's Final Budget Hearing to be
held on 9/11/17. On 9/4/17, due to the anticipated devastating impact of Hurricane Irma on the
Florida Keys, Governor Scott declared a State of Emergency for the State of Florida followed by
Mayor Neugent's declaration of a State of Emergency in Monroe County, FL on 9/5/17 resulting in
the cancellation of the 9/11/17 Budget Hearing which was eventually rescheduled for 9/27/17.
Ordinance 027 -2003 also requires a published notice of intent "An a newspaper of general
circulation.." 20 days prior to adoption of the annual rate resolution. Due to the crippling impact of
Hurricane Irma on the Florida Keys, our newspaper of general circulation, the Key West Citizen,
ceased publication making publication of the required notice impossible. Upon the rescheduling of
the Budget Hearing to 9/27/17, and as a result of the Citizen's limited publication only on
Wednesday and Saturday, a Notice of Intent was published on 9/27/17 notifying the public of
approval of the annual rate resolution on 9/27/17 and ratification of the 9/27/17 approval at a public
hearing on October, 18, 2017 which provides the required 20 -day prior notice.
This is allowable under Monroe County Code section 20 -167, which states: "Any informality or
irregularity in the proceedings in connection with the levy of any annual wastewater assessment
under the provision of this article shall not affect the validity of the same after the approval thereof
and any annual wastewater assessment as finally approved shall be competent and sufficient
evidence that such annual assessment was duly levied, that the annual wastewater assessment was
duly made and adopted, and that all other proceedings adequate to such annual wastewater
assessment were duly had, taken, and performed as required by this article; and no variance form the
directions hereunder shall be held material unless it be clearly shown that the party objecting was
materially injured thereby."
PREVIOUS RELEVANT BOCC ACTION: Adoption of an annual rate resolution is required by
County Ordinance 027 -2003.
BOCC 7/15/2003 BOCC enacted Ordinance No. 027 -2003 to authorize the imposition of special
assessments to fund the cost of wastewater treatment capacity.
BOCC 9/27/2017 (I -4) BOCC adopted this annual rate resolution at a public hearing held at 5:05
P.M. in Key West, Monroe County, FL
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Ratification of the Board's 9/27/17 approval of the annual rate
resolution.
DOCUMENTATION:
STAMPED WW Annual Rate Resolution (with 9 27 17 adoption date)
Proof of Publication KW Citizen Notice of 9/27/17 PH to approve and 10/18/17 PH for ratification
re: cont of WW sp assessment
POP Keynoter Notice of PH to adopt 9 27 17 and PH to ratify 10 18 17 WW annual rate resolution
FINANCIAL IMPACT:
Effective Date: September 20, 2017
Expiration Date:
Total Dollar Value of Contract: 49, 270.00 (admin. cost)
Total Cost to County: 49, 270.00
Current Year Portion:
Budgeted: Y
Source of Funds: special assessments
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Y
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount: varies
N/A
REVIEWED BY:
Cynthia Hall Completed 10/03/2017 8:16 AM
Kathy Peters Completed 10/04/2017 9:59 AM
Board of County Commissioners Pending 10/18/2017 9:00 AM
RESOLUTION NO. - 2017
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, CONTINUING THE ASSESSMENTS OF WASTEWATER SERVICE TO PROPERTIES
IN THE BIG COPPITT, DUCK KEY, STOCK ISLAND, THE CUDJOE REGIONAL CENTRALIZED
INNER AND OUTER ISLAND SERVICE AREAS, EAST/WEST LONG KEY, NO NAME KEY,
MIDDLE /BIG TORCH KEY, AND EXPANDED PARCELS WITHIN THE CUDJOE REGIONAL
SERVICE AREA FOR THE 2017 TAX YEAR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 20 -164 of the Monroe County Code provides that the Board of County
Commissioners will adopt an annual rate resolution during its budget adoption process for each fiscal year
following the initial fiscal year of a wastewater assessment; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida has enacted
Ordinance No. 027 -2003 relating to the provision of wastewater service and facilities in Monroe County,
Florida and authorizing the imposition and collection of wastewater assessments against property; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolution 261 -2004 relating to the provision of wastewater service to properties in the Stock Island
Service Area, describing the capacity reservation fee, collection costs, and the other terms and conditions
of the non -ad valorem annual wastewater assessments; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolution 265 -2004 that imposed a special assessment to collect Capacity Reservation Fees from certain
parcels within the Stock Island Service Areas to fund that portion of the capital cost of the wastewater
facility being assessed to each owner up to a maximum of $2,700 per Equivalent Dwelling Unit ( "EDU "),
wherein the number of EDUs for residential properties was assessed based on the number of residential
units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution
265 -2004 and the number of EDUs for non - residential properties was based on water consumption; and
WHEREAS, the Stock Island Assessments have been imposed annually since 2004 to recover
Capacity Reservation Fees advanced by Monroe County on behalf of certain parcels within the Stock
Island Service Area; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolution 116 -2017 that imposed a special assessment to collect Capacity Reservation Fees from certain
parcels within the Stock Island Phase 2 Service Area to fund that portion of the capital cost of the
wastewater facility being assessed to each owner up to a maximum of $2,700 per Equivalent Dwelling
Unit ( "EDU "), wherein the number of EDUs for residential properties were assigned by Key West Resort
Utility, Inc. (KWRU). These parcels were determined to not have paid the Capacity Reservation Fee
included in the Stock Island Assessments covered by Resolution 265 -2004; and
WHEREAS, the Stock Island Assessment Phase 2 was imposed in August 2017 to recover
Capacity Reservation Fees advanced by Monroe County on behalf of certain parcels within the Stock
Island Special Assessment Phase 2 which were not collected in the imposition of annually collected
assessments in 2004; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolution 264 -2007 relating to the provision of wastewater service to parcels in the Big Coppitt and
Duck Key Service Areas, describing the system development fee, collection costs, and the other terms and
conditions of the non -ad valorem annual wastewater assessments; and
Monroe County BOCC- Annual Rate Resolution — September, 2017 Page 1 of 5
WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolution 302 -2007 that imposed a special assessment to collect System Development Fees from certain
parcels within the Big Coppitt and Duck Key Service Areas to fund that portion of the capital cost of the
wastewater system being assessed to each owner up to a maximum of $4,500 per EDU, wherein the
number of EDUs for residential properties was assessed based on the number of residential units for that
Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 302 -2007
and the number of EDUs for non - residential properties was based on water consumption; and
WHEREAS, the Big Coppitt Assessments have been imposed annually since 2007 to pay a
portion of the debt service on Obligations issued in connection with the construction of Wastewater
Collection and Treatment Facilities within the Big Coppitt Service Area; and
WHEREAS, the Duck Key Assessments have been imposed annually since 2007 to fund
construction of a portion of the Duck Key Wastewater Treatment Facility; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolutions 173 -2012, 174 -2012, 154 -2013, 155 -2013, 156 -2013, and 157 -2015 relating to the provision
of wastewater service to properties in the Cudjoe Regional Centralized Service Area, describing the
System Development Fee, collection costs, and the other terms and conditions of the non -ad valorem
annual wastewater assessments; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolutions 197 -2012, 198 -2012, 184 -2013, 185 -2013, and 186 -2013 that imposed a special assessment
to collect System Development Fees from certain parcels within the Cudjoe Regional Centralized Service
Area to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to
a maximum of $4,500 per EDU, wherein the number of EDUs for residential properties was assessed
based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at
the time of the adoption of Resolutions and the number of EDUs for non - residential properties was based
on water consumption; and
WHEREAS, assessments on properties within the Cudjoe Regional Centralized Service Area
have been imposed annually since 2012 to pay a portion of the debt service on Obligations issued in
connection with the construction of and the wastewater system; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolution 157 -2013 relating to the provision of wastewater service to supplemental parcels in the Big
Coppitt and Duck Key Service Area, describing the System Development Fee, collection costs, and the
other terms and conditions of the non -ad valorem annual wastewater assessments; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolution 212 -2013 that imposed a special assessment to collect System Development Fees from certain
supplemental parcels within the Big Coppitt and Duck Key Service Area, to fund that portion of the
capital cost of the wastewater facility being assessed to each owner up to a maximum of $4,500 per EDU,
wherein the number of EDUs for residential properties was assessed based on the number of residential
units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution
212 -2013 and the number of EDUs for non - residential properties was based on water consumption; and
WHEREAS, the Assessments on the supplemental parcels within the Duck Key Service Area
have been imposed annually since 2013 to fund construction of a portion of the Duck Key Wastewater
Treatment Facility; and
Monroe County BOCC- Annual Rate Resolution — September, 2017 Page 2 of 5
WHEREAS, the Board of County Commissioners of Monroe County, Florida, adopted
Resolution 157 -2015, relating to the provision of wastewater service to parcels on East/West Long Key,
No Name Key, Middle /Big Torch Key, and Expanded Parcels within Cudjoe Regional Wastewater
Service Area; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolution 185 -2015 that imposed a special assessment to collect System Development Fees from certain
parcels within East/West Long Key and No Name Key and Middle /Big Torch Key to fund that portion of
the capital cost of the wastewater facility being assessed to each owner up to a maximum of $4,500 per
EDU, wherein the number of EDUs for residential properties was assessed based on the number of
residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of
Resolution 185 -2015 and the number of EDUs for non - residential properties was based on water
consumption; and
WHEREAS, assessments on properties within East/West Long Key and No Name Key and
Middle /Big Torch Key and Expanded Parcels within the Cudjoe Regional Wastewater Service Area have
been imposed annually since 2015 to pay a portion of the debt service on Obligations issued in connection
with the construction of and the wastewater treatment system; and
WHEREAS, Section 2.02 of Resolution 261 -2004 established the assessment term for Stock
Island to be 5, 10 or 20 years; and
WHEREAS, the 10 year assessment term for Stock Island expired in 2013 and the 20 year
assessment term for Stock Island will expire in 2023; and
WHEREAS, Section 2.02 of Resolution 116 -2017 established the assessment term for Stock
Island Phase 2 to be 20 years; and
WHEREAS, Section 2.02 of Resolution 264 -2007 established the assessment term for Big
Coppitt and Duck Key to be 20 years; and
WHEREAS, Section 2.02 of Resolution 173- 2012 established the assessment term for Cudjoe
Regional Centralized Inner Islands to be 20 years; and
WHEREAS, Section 2.02 of Resolution 174- 2012 established the assessment term for Cudjoe
Regional Centralized Outer Islands to be 20 years; and
WHEREAS, Section 2.02 of Resolution 154 -2013 established the assessment term for the
Cudjoe Regional Centralized Inner Islands Service Area supplemental parcels to be 20 years; and
WHEREAS, Section 2.02 of Resolution 155 -2013 established the assessment term for the
Cudjoe Regional Centralized Outer Islands Service Area supplemental parcels to be 20 years; and
WHEREAS, Section 2.02 of Resolution 156 -2013 established the assessment term for parcels in
Venture Out to be 20 years; and
WHEREAS, Section 2.02 of Resolution 157- 2013 established the assessment term for the Big
Coppitt and Duck Key Service Area supplemental parcels to be 20 years; and
WHEREAS, Section 2.02 of Resolution 157- 2015 established the assessment term for
East/West Long Key and No name Key and Middle /Big Torch Key and Expanded Parcels within Cudjoe
Regional to be 20 years; and
Monroe County BOCC- Annual Rate Resolution — September, 2017 Page 3 of 5
WHEREAS, the annual assessment revenue is necessary to repay debt obligations and capital
construction costs; and
WHEREAS, assessment rolls have been approved by the Board of County Commissioners as
part of each of the above - referenced resolutions
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, FLORIDA, AS FOLLOWS:
Section 1.0 The non -ad valorem annual assessment will be levied at a rate of $207.73 for those property
owners who elected to pay the Capacity Reservation Fee over 20 years as previously noticed for the Stock
Island assessment program.
Section 2.0 The non -ad valorem annual assessment will be levied at a rate of $211.37 for those property
owners who elected to pay the Capacity Reservation Fee over 20 years as previously noticed for the Stock
Island Phase 2 assessment program.
Section 3.0 The non -ad valorem annual assessment initially levied at the rate of $441.00 per EDU for the
Big Coppitt and Duck Key assessment programs was lowered to $271.88 per EDU in 2013. The amount
actually charged in 2013 was $343.02. A credit of $71.14 per EDU was applied to outstanding balances
and the annual rate of 271.88 began in 2014. The annual amount for 2017 will continue at a set rate of
$271.88 per EDU.
Section 4.0 The 2017 non -ad valorem annual assessment for the Cudjoe Regional Centralized assessment
tax rolls are:
• The annual amount for the Inner Islands tax roll which started in 2012 is set at a rate of $302.53
per EDU.
• The annual amount for the Outer Islands tax roll which started in 2013 is set at a rate of $310.29
per EDU.
• The annual amount for the tax roll for the parcels expanded in January 2013 within Cudjoe
Regional is set at a rate of 308.93 per EDU.
• The annual amount for the tax roll for the parcels expanded in June 2015 within the Inner and
Outer Islands is set at a rate of 330.92 per EDU.
Section 5.0 The non -ad valorem annual assessment will be levied at the rate of $329.24 per EDU for the
Big Coppitt and Duck Key Supplemental Service Area assessment programs.
Section 6.0 The non -ad valorem annual assessment will be levied at the rate of $330.92 per EDU for the
East/West Long Key and No Name Key.
Section 7.0. The assessment rolls for the above - referenced Service Areas for the upcoming fiscal year,
previously approved by the Board of County Commissioners in connection with the above - referenced
resolutions, are hereby approved.
[remainder of page left blank]
Monroe County BOCC- Annual Rate Resolution — September, 2017 Page 4 of 5
I eeting of said Board held • the 27 day of September 2017.
Mayor George Neugent Mayor
Pro Tem David Rice
Connitissioner Danny Kolhage
11'j r Ilealhf- 11
BOARD OF COUNTY COMMISSIONERS
OF MO OE COUNTY, FLORIDA
on
(Seal)
Attest: Kevin Madok, Clerk
mgmmm
Monroe County CO CC- Annual Rate Resolution — September, 2017 Page 5 of 5
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RECEIVED
STATE OF FLORIDA SEP 2 8 Z017
COUNTY OF MONROE
MONROE COUNTY ATTORNEY
was published in said newspaper in the issue(s) of
Brost re re of �Affiant
Sworn and subscribed before me this r-,>
/ day of September, 2017
'N [iXyllii KALKMNISIKY
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N�JY M&IISSTU0 N419-
EXPIRES: ji ,ual 4,9 20
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Personally Known x Produced Identification
Type of Identification -Produced
NOTICE OF HEARING REGARDING RESOLUTION
TO REIMPOSE AND PROVIDE FOR COLLECTION
OF WASTEWATER ASSESSMENTS
Duck K.Y'
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Pursuant to Section 286,0105, Florida Statutes, notice is given that if a person decides
to appeal any decision made by the Board with respect to any matter considered a t
such hearings or meetings, he will need a record of the proceedings,, and that, for such
purpose, he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be
based,
SePtember27,2017 Key totj�
S I
P7PA7
F 6 0 A 1 0 'A x 9 y a
KlEYNCOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
Richard Tarnborrino, Publisher
Sworn to and subscribed before me this
—2WDay of 2017
RECEIVED
OCT 4 2017
MONROE COUNTY ATrORNEY
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Duck Key
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Key
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StOCKIjAnd &Sig
COPPItt sy#emst:a
Cudjoo Reglonal
System
ADA ASSISTANCE: Ifyou are a person with a disabildt who needs special accommodations
in order to participate in, this proceeding, please contact the County Administrator's Ojftce,
by phoning (305) 292-4441, between the hours of 8:30 a. m. - 5:00 p.m., no later than five
(5) calendar days prior to the scheduled meeting; ij'you are healing or voice impaired,
call "711".
Dared at Key West, Florida, this 25 day of September, 20170
Kevin.Nladok, Clerk of the Circuit Court
and ex officio Clerk of the and of County
Cornmissioners of Monroe County, Florida
Published Keynoter 9127/17