Loading...
Item J5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ADD ON REVISED Meeting Date: March 17, 2004 Division: County Attorney AGENDA ITEM WORDING: Approval to advertise an ordinance amending Sec. 15.5-125(a), Monroe County Code in order to provide that ad valorem revenue raised by the MSTU together with loan and grant funds may be used to pay compensation and expense reimbursement to the members of the Key Largo Wastewater Treatment District Governing Body. ITEM BACKGROUND: The BOCC created the Key Largo Wastewater Treatment District Municipal Service Taxing Unit in 2003. PREVIOUS RELEVANT BOCC ACTION: Adopted Ordinance No. 17-2003 on May 20, 2003. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval to advertise for ONE PUBLIC HEARING on April 21, 2004 in Key West. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: Revenue Producing: Amount Per Month - Year APPROVED BY: County Atty YES OMB/Purchasing N/A Risk Management N/A DIVISION DIRECTORAPPROVAq~ ()J/{2J~'f J. R. COLUNS DOCUMENTAnON: Included x To Follow Not Required AGENDA ITEM # (Y/J County Attorney ORDINANCE NO. - 2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 17-2003 CODIFIED AS ART. VIII, CHAP. 15.5, MONROE COUNTY CODE, CREATING THE KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICIPAL SERVICE TAXING UNIT (MSTU), IN ORDER TO PROVIDE THAT AD VALOREM REVENUE RAISED BY THE MSTU TOGETHER WITH THE PROCEEDS OF ANY GRANT OR LOAN TO THE KEY LARGO WASTEWATER TREATMENT DISTRICT MAY BE USED TO PAY COMPENSATION AND EXPENSE REIMBURSEMENT OF THE MEMBERS OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT GOVERNING BODY; PROVIDING THAT SUCH REVENUE MAY BE USED TO PAY CERTAIN OTHER ADMINISTRATIVE COSTS AS DEFINED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sec. SA of Ordinance No. 17-2003, codified as Sec. 1S.S-12S(a), Monroe County Code, is hereby amended to read: (a) Revenues derived from ad valorem taxes levied within the Key Largo Wastewater Treatment District Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and provide funding for administration, planning and development costs associated with and incurred in advancing of wastewater and reclaimed water projects within and benefiting the Key Largo Wastewater Treatment District Municipal Service Taxing Unit. For the purposes of this Subsection the phrase administration costs shall include the comoensation and expense reimbursement of Key Largo Wastewater Treatment District (District) governing board members. Administration costs shall also include legal fees and expenses. consultant fees and expenses (including but not limited to all professions listed in Sec. 287.0SS(2)(a).Fla. Stat.). employee salaries and benefits. bond underwriting fees and all other costs usually associated with issuance of debt. the reimbursement of any public or private entity. person. firm. partnership or corooration for any monies advanced to further the District ourposes. and all other expenses as may be necessary or incidental to the furtherance of District purooses. Administration costs. as described in this suboaragraoh. may also be oaid for out of the oroceeds of any grant or loan made by the Unit or County to the District unless specifically prohibited by the terms of such grant or loan. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of 2004. Mayor Nelson Mayor Pro Tern Rice Commissioner McCoy Commissioner Neugent Commissioner Spehar (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk jordwwKLgb Mayor/Chairperson MONROE COU ~p~~NTY.. AT60R~EY _("-;>~ M. Ok/IUI. R~:t~.-;;f d:--Ub~r - o,,._~..... ~ t..l :5U~~TgI'lN'Y -- - .~ 1500 Mahan Drive Suite 200 Tallahassee, Florida 32308 (850) 224-4070 Telecopy (850) 224-4073 NABORS, GmLIN & NICKERSON, P.A. Attorneys at Law The Pointe, Suite 1060 2502 Rocky Point Drive Tampa, Florida 33607 (813) 281-2222 Telecopy (813) 281-0129 450 South Orange Avenue Suite 510 Orlando, Florida 32801 (407) 426-7595 Telecopy (407) 426-8022 March 15,2004 VIA E-MAIL James Roberts, County Administrator Monroe County, Florida The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-205 Key West, Florida 33040 Dear Jim: This letter will outline the schedule for completing the Stock Island wastewater assessment program developed at our working group meeting last Friday. Data Reconciliation and Notices to Property Owners Section 2.02(A) of Ordinance No. 027-2003 requires that the owner of each parcel of property participating in the deferred payment program execute a Consent and Acknowledgment Agreement. To initiate that process, the working group is developing a notice letter to be sent to each property owner that includes the number of equivalent development units (EDUs) attributable to the property, a summary of the deferred payment program and the annual payment amount for five, ten, fifteen and twenty year assessment terms. The letter will also satisfy the statutory requirement to provide a first- class mailed notice as a condition precedent to collecting special assessments on the ad valorem tax roll, as required by Section 197.3632, Florida Statutes. A parcel-specific Consent and Acknowledgment Agreement will be included with each letter. /.~u _),,6 James Roberts, County Administrator March 15,2004 Page 2 Although KW Resort Utilities Corporation has provided EDU data to the County, it does not match the tax roll data provided by the Property Appraiser. In order to ensure that all property owners receive an accurate notice of their option to participate in the deferred payment program, the data for several thousand parcels must be reconciled. We estimate that it will take 4 to 6 weeks to complete the reconciliation and are planning to mail the notices on April 30. Board Briefing When the data has been reconciled and the forms of the notice letter and Consent and Acknowledgment Agreement have been finalized, they will be presented to the Board for approval at its April 21 meeting in Key West. The presentation will include a complete description of the assessment program. Any changes in the notice and agreement forms requested by the Board will be made prior to mailing on April 30. Connections to the System The property owners should receive their Consent and Acknowledgment Agreements during the first week of May. Those executing their agreement and making the initial payment required by Ordinance No. 027-2003 will be permitted to connect to the wastewater system immediately. Resolution No. 353-2003, adopted by the Board on December 10,2003, established the initial payment at $135 per EDU (five percent of the capacity fee). Property owners will be directed to send their executed agreements and checks to KW Resort Utilities Corporation. Property Owner Deadline All property owners desiring to participate in the deferred payment program will be required to return their executed Consent and Acknowledgment Agreement and make their initial payment by July 1. This will allow a period of sixty days for the owners to make the initial payment. The return date will be determined by hand delivery or postmark. Initial Assessment Resolution The Initial Assessment Resolution required by Section 2.02(C) of Ordinance No. 027-2003 will be presented to the Board for adoption at its July 14 meeting in Key West. James Roberts, County Administrator March 15,2004 Page 3 The Initial Assessment Resolution will specify the details of the deferred payment program and direct that a public hearing be held on August 11 to impose the assessments. Published Notice Notice of the assessment hearing will be published on or prior to July 21 (twenty days prior to the hearing), as required by Section 2.05 of Ordinance No. 027-2003 and Section 197.3632, Florida Statutes. Public Hearing and Final Assessment Resolution This schedule assumes the Board will approve a special meeting in Key West at 5:00 p.m. on August 11 for the public hearing. Although little or no participation at the public hearing is expected since property will not be assessed unless a Consent and Acknowledgment Agreement is executed, it was our consensus that all Board actions for the program should take place in Key West. Following the public hearing, the Final Assessment Resolution required by Section 2.06 of Ordinance No. 027-2003 will be presented to the Board for adoption. If you have any questions regarding the foregoing schedule, please let me know. I plan to be present at Wednesday's Board meeting in Marathon to answer any questions the Commissioners may have. Very truly yours, 8J~ d/e O/V~~ ofie. cc: Richard Collins, County Attorney Sal Zuppulla, Finance Director Steve Miller, Nabors, Giblin & Nickerson, P.A. Camille Tharpe, Government Services Group, Inc. Kelly Ryman, Public Financial Management, Inc. Critical Events Schedule Stock Island, FL Develop Database for Preliminary Assessment Roll Board of County Commissioners Project Status Meeting Draft Initial Assessment Resolution Board of County Commissioners Meeting - Final Policy Direction - Key West Print and Stuff Notices/Consent Agreements Mail Notices March 12 - April 30, 2004 March 17, 2004 March - April 2004 April 21, 2004 April 22 - 30, 2004 April 30, 2004 Notices Due to City (postmarked) Prepare Final Assessment Roll Provide County with Initial Assessment Resolution Board of County Commissioners Adopt Initial Assessment Resolution - Key West County Publishes Notice of Public Hearing Public Hearing to Adopt Final Assessment Resolution (Special Meeting - Key West) Certify Assessment Roll to Tax Collector July 1, 2004 July 1 - 14, 2004 July 7,2004 July 14, 2004 July 21,2004 August 11, 2004 By September 15, 2004