Item P1 �s P.1
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: P.1
Agenda Item Summary #9330
BULK ITEM: No DEPARTMENT: Waste Water
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
1:30 P.M. to be read with Public Hearings
AGENDA ITEM WORDING: Approval of a resolution terminating the collection of wastewater
system development fees (SDFs) as part of the building permit system and in favor of the collection
of those fees by the Florida Keys Aqueduct Authority (FKAA) for new or expanded development.
ITEM BACKGROUND: This resolution provides clear direction to the Building Department to
stop assessment and collection of wastewater system development fees (SDFs) as part of the
building permit review and issuance process.
The asset purchase/ sale agreement transferring the wastewater systems owned by the County
includes a provision that the County will continue collecting system development fees (SDFs) levied
prior to the closing date of the transaction and the Florida Keys Aqueduct Authority (FKAA) will
collect SDFs for all new or expanded development. This resolution provides the authority for the
Building Department to cease collecting these fees as a part of the building permit process and refer
the property owners to the FKAA for payment of the SDFs.
The County, as a part of the closing process, will furnish the FKAA with a list of all properties from
which it is collecting or has collected SDFs and the number of EDUs currently assigned to the
properties. From the date of closing forward, FKAA will collect SDFs for any increase in EDUs on
each property. This will provide FKAA with a source of funding for future capacity needs.
The practical effect of this is that FKAA will determine when and how much each development must
pay and when they will pay it. There will be some short-term situations in which the developer may
expect to be allowed to add the costs of SDFs to their tax bills over a number of years. In most, if
not all cases, the County's tax rolls have been in force long enough that the costs of"financing" the
assessment over a number of years is more expensive than paying it in full at permit issuance.
PREVIOUS RELEVANT BOCC ACTION:
2007 BOCC adopted the assessment program for Big Coppitt& Duck Key systems
2012 BOCC adopted the Assessments for Cudjoe Inner and Outer Islands
2013 BOCC adopted the supplemental assessment program for Big Coppitt, Duck Key, and the
Cudjoe Outer Islands
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2015 BOCC adopted the assessment program for East& West Long Key collection system
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution cutoff date collection system development fee
FINANCIAL IMPACT:
Effective Date: upon execution of the Asset Transfer Agreement with FKAA
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
N/A
REVIEWED BY:
Tina Losacco Skipped 10/04/2021 2:20 PM
Kevin Wilson Completed 10/04/2021 2:24 PM
Cynthia Hall Completed 10/04/2021 2:51 PM
Rick Griffin Completed 10/04/2021 3:33 PM
Purchasing Skipped 10/04/2021 2:21 PM
Budget and Finance Completed 10/04/2021 4:51 PM
Maria Slavik Skipped 10/04/2021 2:21 PM
Liz Yongue Completed 10/05/2021 9:02 AM
Board of County Commissioners Pending 10/20/2021 9:00 AM
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RESOLUTION NO. - 2021
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS N
OF MONROE COUNTY, FLORIDA, TERMINATING THE
COLLECTION OF WASTEWATER SYSTEM DEVELOPMENT FEES y
AS PART OF THE BUILDING PERMIT SYSTEM IN FAVOR OF
COLLECTION OF THOSE FEES BY THE FLORIDA KEYS
AQUEDUCT AUTHORITY; SETTING A CUTOFF DATE FOR THE
COLLECTION OF THE SYSTEM DEVELOPMENT FEES; ANDCD
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, Monroe County (hereinafter "County") has the authority pursuant
to F.S. 125.38, F.S. 125.3401, and its home rule powers, to determine that the sale of 2
a wastewater utility is in the public interest; and
WHEREAS, the County has determined that it is in the best interests of the County
and the citizens of the County to sell the County-owned centralized wastewater system
within the unincorporated county to Florida Keys Aqueduct Authority ("FKAX), because
the sale of the assets to FKAA will consolidate the ownership of the assets under the entity
best equipped to own and manage the wastewater utility; and
WHEREAS, on July 15, 2003, with the adoption of Ordinance No. 027-2003, the y
Board of County Commissioners ("Board") authorized the imposition of special
assessments to fund a portion of the costs of wastewater treatment capacity; and
WHEREAS, beginning in July 2007 and continuing on a rolling basis through 2015,
the Board adopted numerous assessment resolutions relating to the provision of
wastewater services to properties within unincorporated County, levying assessments for 2
system development fees in accordance with other terms and conditions of the
assessment program for properties located within these areas; and
WHEREAS, the special assessments have been collected using the uniform y
method laid out in F.S. 197.3632, the Florida Uniform Assessment Collection Act, which
provides that if that method is used, then the assessments may either be paid in lump
sum (the "prepayment option"), or, if the owner agrees to terms and conditions of the
assessment programs, the special assessments may be paid over a term of years by
having the annual amount of the assessment placed on the tax bill and collected in that
manner; and
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WHEREAS, the term for the various assessment programs adopted by the Board
for the County-owned system pursuant to F.S. 197.3632 has been for twenty (20) years
from the time the resolutions were adopted; and
WHEREAS, it has been the practice of the Monroe County Building Department
to collect the system development fees as one of the steps prior to issuing the building
permit, either by collecting the Initial Prepayment prior to issuance of the building permit
or by entering into a Consent and Acknowledgement Agreement with the property owner
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to place the property on the assessment roll so that the system development fees can be
paid over the term of the assessment program; and
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WHEREAS, with the sale of the wastewater system ("Acquired Assets", as that
term is defined in the Asset Purchase Agreement approved by the Board), it is necessary y
to establish a cutoff date, beyond which the County will no longer collect special y
assessments from newly developed properties or properties with changes in
development use resulting in an increase in the number of equivalent dwelling units
(EDUs) assigned to the property; and
WHEREAS, Section 3.03 of the Asset Purchase Agreement, if approved by the
Board, provides that on the Closing Date, the County shall deliver a list of properties -
already on the County's assessment rolls ("Assessed Properties") to the Purchaser, and
after the Closing Date, FKAA will assess and collect system development fees from that
point forward for any new properties and any Assessed Properties for which system
development fees will be increased as a result of expansion of the use of the property.
These system development fees will provide FKAA with a source of funding for future
capacity needs.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, AS FOLLOWS-
1. The Closing Date for the sale of the wastewater system to FKAA pursuant to the
Asset Purchase Agreement shall be held on or before October 29, 2021.
2. On or before the Closing Date, the Monroe County wastewater program shall
deliver a list of the Assessed Properties to the Monroe County Building 0.
Department, showing a list of properties already on the County's assessment roll.
3. After the Closing Date, Monroe County Building Department will no longer collect
system development fees after the Closing Date for other properties, i.e., (a) any
new properties not yet contained on the County's assessment roll and (b)
properties where additional system development fees will be collected as a result
of expansion of the use of the property that increases the number of EDUs
assigned (collectively, these will be known as "Additional Properties"). This
policy will apply to all properties who have not yet paid the system development
fees as of that date, even if the properties have already applied for building
permits. After the Closing Date, FKAA will be responsible for collection of its own
system development fees from Additional Properties.
4. This resolution is effective upon adoption by the Board of County
Commissioners.
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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 October 2021.
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Mayor Michelle Coldiron
Mayor Pro Tern David Rice y
Commissioner Craig Cates y
Commissioner Mike Forster
Commissioner Holly Merrill Raschein
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(Attest) BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK, CLERK OF THE COURT OF MONROE COUNTY, FLORIDA
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By: By:
As Deputy Clerk Mayor
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