Resolution 069-2019 RESOLUTION 069 -2019
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA REGARDING COLLECTION OF
PAYMENT FOR THE PROVISION OF CONNECTION POINTS FOR
NEWLY DEVELOPED PROPERTIES IN ANY COUNTY-FUNDED
CENTRAL WASTEWATER SYSTEM WHOSE CONNECTIONS
WERE NOT INCLUDED IN THE SYSTEM'S DESIGN OR
CONSTRUCTION.
WHEREAS,the County is authorized by Section 125.01(1)(k), Fla. Stat.,to provide for
wastewater treatment and provide for the funding for the wastewater treatment; and
WHEREAS, Ch. 99-395, Laws of Florida, and the Cot nty's Comprehensive Plan require that
certain wastewater treatment levels be achieved, which can best be achieved by inclusion of properties
in centralized wastewater treatment systems; and
WHEREAS,the FKAA is authorized by Ch. 76-441, Laws of Florida, as amended, and h. 98-
519, Laws of Florida,to design, construct and operate wastewater treatment systems; and
WHEREAS,the County by Interlocal Agreement dated September 6, 2005 and by Master Lease
dated September 6, 2005 has committed to providing the funding for the administration,planning and
construction of wastewater projects in unincorporated Monroe County; and
WHEREAS, at its June 20,2015 meeting,the Monroe County Board of County Commissioners
(BOCC) instructed County staff that 210 gravity area properties and 70 properties in low pressure
service areas in the Cudjoe Regional Wastewater System(CRWS) developed after the bid package and
in development as of June 30, 2015 should have a connection included in the project at no additional
cost to the property owner(s), at a cost to the County of$2.51 million; and
WHEREAS, at its July 15, 2015 meeting,the BOCC directed staff to bring forth a policy with
regard to the cost of connection that would be paid for by the County as to properties in any County-
funded central wastewater systems that were not included in the system's design at the time the
construction of the system was bid and which were developed on or after July 1, 2015; and
WHEREAS, on November 17, 2015,the Board of County Commissioners_(BOCC)approved a
policy for sewer connections to residential properties in the County-funded Cudjoe Regional,Big
Coppitt, Duck Key/Conch Key or East/West Long Key wastewater systems whose connections were not
included in the systems' designs and which were developed on or after July 1, 2015 (the Project); and
WHEREAS,the BOCC approved a policy stating that when any property located within the
Cudjoe Regional, Big Coppitt, Duck Key/Conch Key, or East/West Long Key service area'is issued a
building permit,the FKAA will provide a point of connection from the property to the central
wastewater collection system and Monroe County would pay for the cost of that connection point at the
cost of$9,000 per EDU, for a total of$5.6 million over the remaining 813 market rate and affordable
housing rate of growth ordinance(ROGO)allocations over the nekt eight years; and
WHEREAS, on November 22,2016 the County and the FKAA entered into an interlocal
agreement("2016 ILA")to memorialize the policy and to put in place procedures for the allocation of
funding for the sewer connection points for these properties;and
WHEREAS,the cost of providing a connection point at the time of the 2016 ILA was
approximately$9,000, which was approximately equivalent to the average actual cost of the connection
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point to FKAA at the time, however,today, the actual average cost of providing the connection point
has increased to approximately$16,000 as a result of higher construction costs, in large part due to the
fact that all of the systems are now substantially complete so the per unit cost of hardware has increased
and contractors are charging to re-mobilize;and
WHEREAS,the cost of providing new connection points has and will continue to increase; and
WHEREAS,the Board of County Commissioners fmds that properties to be developed in the
future, both residential and non-residential, should bear the cost of providing a connection point to the
central sewer system in addition to the system development fee,rather than taxpayers having to
shoulder the cost; and
WHEREAS,the Florida Keys Aqueduct Authority has a mechanism for collecting water system
coimection.fees for newly developed properties;and
WHEREAS,the Florida Keys Aqueduct Authority has agreed to set and collect fees for
installing the connection point for properties to be developed in the future.
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board of County Commissioners hereby establishes a policy that the fee for
providing a connection point for each property developed after the date of this resolution that does
not already have a connection point will be established and collected by the Florida Keys Aqueduct
Authority(FKAA) at the time of building permit issuance.
Section 2. The FKAA may self-perform the installation or use an external contractor, at its
sole discretion.
Section 3. The County will continue to determine the number of Equivalent Dwelling Units
(EDUs)allocable to each new development and collect and retain system development fees (SDFs).
SDFs will continue to be adjusted annually by a consumer price index(CPI) and property owners
will owe the SDF, adjusted by CPI for each year of the assessment program in which the property is
located. As long as a tax roll exists for the system in which a property is located,the owner of the
newly developed property will be allowed to add the SDF assessment to the non-ad valorem
assessment tax roll for the municipal service benefit unit in which the property is located.
Section 4. This policy will be applied to the following central sewer systems: Big Coppitt
Regional, Cudjoe Regional, Duck Key,the east and west Long Key system expansions outside of
the City of Layton.
Section 5. Staff is directed to take appropriate steps to terminate the 2016 ILA in
accordance with Paragraph 30 of the 2016 ILA.
Section 6. This Resolution shall be effective upon adoption.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida,at a regular meeting of the Board held on the 20th day of February 2019.
Mayor Sylvia Murphy Yes
Mayor Pro Tem Danny Kolhage Yes
1G}-2----c *N Commissioner Michelle Coldiron Yes
' `'te Commissioner Heather Carruthers Yes
,(A,,,,,:-
' ,�, `� Commissioner David Rice Yes
-- s c , s '.
_Attest Kevin Madok, CLERK BOARD OF COUNTY COMMISSIONERS
� OF MONROE COUNTY, FLORIDA
By: 62By:
Deputy Clerk / M or/Chairperson
MONROE COUNTY ATTORNEY'S OFFICE
APPROVED AS TO FORM:
ASSISTANT COUNTY ATTORNEY
Digitally signed by Cynthia L.Hall
Crew
I DN:cn=Cynthia L.Hall,o=Monroe
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fl"'� cynthla@monroecounty-fi.gov,
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