Item Q2* 3:00 p.m. Public Hearing *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16, 2012 Division: County Attorne
Bulk Item: Yes _ No X Kevin Wilson 453-8797 or
Staff Contact: Suzanne Hutton 292-3470
AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance amending
Article VI, Chapter 22, Monroe County Code by moving Summerland Key from the
Summerland/Cudjoe-Sugarloaf MSTU to the Big Pine Key MSTU and extending the time periods for
the levy of ad valorem tax in the Big Pine Key and Cudjoe-Sugarloaf MSTUs, and reinstating No
Name Key in the Big Pine Key MSTU.
ITEM BACKGROUND: MSTUs were established to provide 4 years of ad valorem taxation, not to
exceed .70 mil, for the purpose of funding the planning and design of wastewater projects. Original
wastewater MSTUs included Sugarloaf, Cudjoe and Summerland in one MSTU and the remainder of
the islands between Summerland and the Seven Mile Bridge which were connected by bridges and/or
US 1, including No Name Key, in the Big Pine Key MSTU. In subsequent years, as the project
evolved from several smaller treatment plants to one central treatment plant for the entire area, the
boundaries of the MSTUs were moved around and, in 2005, No Name Key, while remaining in the
general MSTU District Id (S. 22-21, MCC), was removed from the Big Pine Key Wastewater MSTU.
Ad valorem taxes were levied one year (2006), which happened to be at a time when Summerland Key
had been removed from Cudjoe-Sugarloaf MSTU. No wastewater MSTU taxes have never been
levied in the Big Pine Key MSTU, and in 2009, the county decided to include No Name Key in the
Cudjoe Regional System along with all other properties in the expanded Cudjoe regional area (Lower
Sugarloaf through Big Pine) which will have advanced wastewater treatment through Onsite Sewage
Treatment and Disposal Systems (OSTDS) or a central wastewater collection and treatment system.
Due to some misunderstanding of the western boundary lines at the time the request to advertise was
made, it was understood that Lower Sugarloaf needed to be reinstated in the Cudjoe-Sugarloaf MSTU,
but the Property Appraiser's Office has verified that Lower Sugarloaf is in the current MSTU, and it is
no longer necessary to change the western boundary of the MSTU. It was also determined that
Summerland had not been taxed the one year that the Sugarloafs and Cudjoe were taxed because
Summerland had been moved to the Big Pine Key MSTU. In order to retain the 4 year tax levy
applicable for all MSTUs, including those for areas which have now been sewered, it is desirable for
Summerland to be moved back to Big Pine so that Summerland, like all other islands in the affected
two MSTUs is taxed the same number (4) of years as all of the other islands being taxed.
PREVIOUS RELEVANT BOCC ACTION:
Ord. No. 38-2004 creating Stock Island, Summerland/Cudjoe/UpperSugarloaf, Big Pine, Long Key -
Layton, and Conch -Key -Duck Key MSTUs. Ord. No. 10-2005 revising legal descriptions for Stock
Island, Summerland/Cudjoe/Sugarloaf , Big Pine and Conch Key/Duck Key MSTUs.
Ord. No. 25-2007 setting new boundaries for Summerland/Cudjoe/Sugarloaf and Big Pine MSTUs.
Ord. No. 37-2009 extending dates for extensions of dates of authority for Conch Key, Duck Key,
Long Key, Summerland/Cudjoe/Sugarloaf and Big Pine MSTUs.
4/18/2012 BOCC approved Public Hearing for 3:00 p.m. on May 16, 2012 in Key Largo
CONTRACT/AGREEMENT CHANGES:
Reinstates Summerland Key previously moved between MSTUs in the Big Pine Key MSTU to achieve
same 4 years of tax as all other wastewater MSTUs, reinstates No Name Key which was previously
removed from the Big Pine Key MSTU but remained in the general District 1 d MSTU, and extends the
years in which ad valorem taxes for wastewater may be levied.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty 0OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
* Revised Back —Up
Revised 7109 (Contains Revised Ordinance v/ maps)
ORDINANCE NO. - 2012
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING ARTICLE VI, CHAPTER 22,
MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR EXTENSIONS
OF THE DATES OF AUTHORITY FOR THE BIG PINE KEY AND
CUDJOE--SUGARLOAF MUNICIPAL SERVICE TAXING UNITS;
PROVIDING FOR REINSTATING NO NAME KEY INTO THE BIG PINE
KEY MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR MOVING
SUMMERLAND KEY FROM THE CUDJOE--SUGARLOAF KEY
MUNICIPAL SERVICE TAXING UNIT INTO THE BIG PINE KEY
MUNICIPAL SERVICE TAXING UNIT; 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.
WHEREAS, Monroe County, through a number of ordinances, created municipal service
taxing units for the assessment of ad valorem taxes in order to provide a portion of the funding
necessary for planning and design of wastewater treatment and collection systems in the
unincorporated areas of the county; and
WHEREAS, the original plan was for each wastewater -related municipal taxing unit to
have taxes levied for four (4) years; and
WHEREAS, the logistical, technological, and funding issues in moving forward with
wastewater treatment and collection systems in various areas of the unincorporated county have
delayed the projects in these areas; and
WHEREAS, the monetary cap on ad valorem taxes imposed by the State legislature for
the County's fiscal years ending September 30, 2008 and thereafter, coupled with delayed
timelines in furtherance of some projects resulted in no levy of tax in some MSTUs for some, if
not all, of the fiscal years for which the MSTU's were created to generate revenue for planning,
design, and general administration of wastewater projects; and
WHEREAS, it is desired to extend the expiration dates of the specified MSTUs to allow
the County, should it be deemed necessary and in the best interests of the public, to levy taxes for
the areas specified for a total of four (4) years in each area, including the years in which taxes
were already levied; and
WHEREAS, the decision to incorporate Big Pine and Lower Sugarloaf Keys into Cudjoe
Regional was made by the BOCC on April 16, 2008; and
Page 1 of 4
ORD REINSTATE NNK & SUMMERLAND
IN BPK MSTU
WHEREAS, No Name Key was removed from the Big Pine Key MSTU through
Ordinance No. 10-2005, although it has been in the general MSTU for District 1 d since the
passage of Ordinance No. 7-1979; and
WHEREAS, the County decided on August 3, 2009, in amending its September 20, 2006
Interlocal Agreement with FKAA, to include on -site sewage treatment and disposal systems on
No Name Key in the Cudjoe Regional System; and
WHEREAS, the Summerland/Cudjoe-Sugarloaf MSTU was created to include
Summerland via Ordinance No. 38-2004; and
WHEREAS, Summerland Key was moved to the Big Pine Key MSTU via Ordinance
No. 10 -2005, and was therefore not in the Cudjoe/Sugarloaf MSTU the one year (FY 2007) that
the tax was levied for that MSTU but was then moved back into the MSTU by Ordinance No.
025-2007; and
WHEREAS, it is necessary to revise the MSTU's to reinstate No Name Key into the Big
Pine Key MSTU, and to move Summerland from the Summerland/Cudjoe — Sugarloaf MSTU to
the Big Pine Key MSTU, and extend terms for both MSTU's to allow for a total of four (4) years
of taxes to be levied for each island in each MSTU; now therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
SECTION 1. Section 22-122 , Monroe County Code, shall be amended to read:
Sec. 22-122. Summer —Sugarloaf Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a municipal service
taxing unit to be known as the Summer4an Municipal Service Taxing Unit.
The Summer4and/Cudjoe--Sugarloaf Municipal Service Taxing Unit shall encompass that
portion of the unincorporated area bounded on the west by the Harris Channel "Meander" and on
the east by Niles Kgmp Channel.
(b) The board is hereby authorized, in the manner and under the authority provided by F.S. §
125.01(1)(q), to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon
taxable real and personal property within the Summerland/Cudjoe--Sugarloaf Municipal Service
Taxing Unit, commencing with the county fiscal year beginning October 1, 2005. The imposition
of ad valorem taxes, as authorized herein, shall cease after a levy of taxes under this provision
for a total of four fiscal years and the Summedand[Cudjoe--Sugarloaf Municipal Service Taxing
Unit shall terminate on December 31, 2014 -3, and taxes for calendar year 2014 - may be
collected in 2015 4.
Page 2 of 4
ORD REINSTATE NNK & SUMMERLAND
IN BPK MSTU
(c) Revenue derived from ad valorem taxes levied in the Summer4an Cudjoe--Sugarloaf
Municipal Service Taxing Unit shall be used solely for the administration, planning and
development costs associated with and incurred in advancing wastewater and reclaimed water
projects within and benefiting the erVCudjoe--Sugarloaf Municipal Service Taxing
Unit. The board shall adopt a budget for the SuffiffierCudjoe--Sugarloaf Municipal Service
Taxing Unit for the county fiscal year beginning October 1, 2005, and each fiscal year thereafter,
at the same time and in the same manner as the county budget.
SECTION 2. Section 22-123 , Monroe County Code, shall be amended to read:
Sec. 22-123. Big Pine Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a municipal service
taxing unit to be known as the Big Pine Municipal Service Taxing Unit. The Big Pine Municipal
Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the
west by Niles Kemp Channel and on the east by the west end of the Seven Mile Bridge less
including No Name Key.
(b) The board is hereby authorized, in the manner and under the authority provided by F.S. §
125.01(1)(q), to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon
taxable real and personal property within the Big Pine Municipal Service Taxing Unit,
commencing with the county fiscal year beginning October 1, 2005. The imposition of ad
valorem taxes, as authorized herein, shall cease after a levy of taxes under this provision for a
total of four fiscal years and the Big Pine Municipal Service Taxing Unit shall terminate on
December 31, 2016 4, and taxes for calendar year 2016 4 may be collected in 2017-5.
(c) Revenue derived from ad valorem taxes levied in the Big Pine Municipal Service Taxing
Unit shall be used solely for the administration, planning and development costs associated with
and incurred in advancing wastewater and reclaimed water projects within and benefiting the Big
Pine Municipal Service Taxing Unit. The board shall adopt a budget for the Big Pine Municipal
Service Taxing Unit for the county fiscal year beginning October 1, 2005, and each fiscal year
thereafter, at the same time and in the same manner as the county budget.
SECTION 3. MAP OF AREA. The map attached hereto as Exhibit A, and
incorporated herein by reference, depicts the areas covered by the Cudjoe-Sugarloaf and Big
Pine Key MSTUs described herein, and is adopted upon the BOCC approval of this ordinance.
Page 3 of 4
ORD REINSTATE NNK & SUMMERLAND
IN BPK MSTU
SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 6. INCLUSION IN THE CODE OF ORDINANCES. 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 7. EFFECTIVE DATE. This Ordinance shall take effect on filing of this
Ordinance with the Department of State as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
day of , 2012.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
Page 4 of 4
ORD REINSTATE NNK & SUMMERLAND
IN BPK MSTU
I
d �
m
1-6
16
in
t g
F ,
r"
,—e
O
N
r
D
v
s
g
CO
m
p3
1
LLI
a�
r
� U
r
/
W
Co
CDi
!
e
a�- 1
S
7 �
�
�
i7;.Y7o- • s,. 1 !
X
44
..,
e
i
M,#
7t
XWM
F
i
C+%
SSL,.� `fit
➢`
(
i� t
NI,
_r
xf
4
( W
CD
G
fr� Y •1j
Qi
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on May 16, 2012 at 3:00
P.M., or as soon thereafter as may be heard, at the Murray E. Nelson Government Center,102050
Overseas Highway, Mile Marker 102, Key Largo, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the adoption of the following County
ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING ARTICLE VI, CHAPTER 22, MONROE COUNTY
CODE, IN ORDER TO PROVIDE FOR EXTENSIONS OF THE DATES OF
AUTHORITY FOR THE BIG PINE KEY AND CUDJOE--SUGARLOAF MUNICIPAL
SERVICE TAXING UNITS; PROVIDING FOR REINSTATING NO NAME KEY INTO
THE BIG PINE KEY MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR
MOVING SUMMERLAND KEY FROM THE CUDJOE--SUGARLOAF KEY
MUNICIPAL SERVICE TAXING UNIT INTO THE BIG PINE KEY MUNICIPAL
SERVICE TAXING UNIT; PROVIDING FOR REINSTATING LOWER SUGARLOAF
KEY INTO THE CUDJOE--SUGARLOAF KEY MUNICIPAL SERVICE TAXING
UNIT; 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.
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 at 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.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, 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; if
you are hearing or voice impaired, call "711 ".
Dated at Key West, Florida, this 24`h day of April, 2012
DANNY L. KOLHAGE, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Publication dates: Commissioners of Monroe County, Florida
KW Citizen (Fr) 4/27/12
Keynoter (Sa) 4/28/12
Reporter (Fr) 4/27/12
ADDITIONAL BACK-UP
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 04-18-2012
Bulk Item: Yes No X
Division: Public Works / Engineering
Department: _Wastewater
Staff Contact: Wilson (453-8797)
AGENDA ITEM WORDING: Approval to advertise a public hearing to amend Article VI, Chapter
22, Monroe County Code by extending the time periods for the levy of ad valorem tax in the Big Pine
Key and Summerland/Cudjoe--Sugarloaf MSTU's; reinstating No Name Key into the Big Pine Key
MSTU; and reinstating Lower Sugarloaf Key into the Summerland/Cudjoe--Sugarloaf Key MSTU.
ITEM BACKGROUND: MSTU's were established to provide 4 years of ad valorem taxation, not to
exceed .70 mil, for the purpose of funding the planning and design of wastewater projects. Due to a
number of financial constraints against moving forward with the Summerland/Cudjoe—Sugarloaf
project, the taxes were levied one year. It happened to be the fiscal year during which Lower
Sugarloaf was in the Summerland/Cudjoe--Sugarloaf MSTU, but Lower Sugarloaf was thereafter
removed from the MSTU. In 2005, No Name Key was removed from the Big Pine Key MSTU, where
the wastewater MSTU taxes have never been levied, but in 2009, the County decided to include No
Name Key in the Cudjoe Regional System along with all other properties in the expanded Cudjoe
regional area (Lower Sugarloaf through Big Pine) which will have to have advanced wastewater
treatment through Onsite Sewage Treatment and Disposal Systems (OSTDS).
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 38-2004 creating Stock Island, Summerland/Cudjoe/Upper Sugarloaf, Big Pine, Long
Key -Layton, and Conch Key -Duck Key MSTU's.
Ordinance No. 10-2005 revising legal descriptions for Stock Island, Summerland/Cudjoe/Sugarloaf,
Big Pine and Conch Key/Duck Key MSTU's.
Ordinance No. 24-2007 setting new boundaries for Summerland/Cudjoe—Sugarloaf and Big Pine
MSTU's.
Ordinance No. 37-2009 extending dates for extensions of dates of authority for Conch Key, Duck Key,
Long Key, Summerland/Cudjoe--Sugarloaf and Big Pine MSTU's.
CONTRACT/AGREEMENT CHANGES: Reinstates islands previously removed from MSTU's
and extends the years in which ad valorem taxes for wastewater may be levied.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. - 2012
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING ARTICLE VI, CHAPTER 22,
MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR EXTENSIONS OF
THE DATES OF AUTHORITY FOR THE BIG PINE KEY AND
SUMMERLAND/CUDJOE--SUGARLOAF MUNICIPAL SERVICE TAXIING
UNITS; PROVIDING FOR REINSTATING NO NAME KEY INTO THE BIG
PINE KEY MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR
REINSTATING LOWER SUGARLOAF KEY INTO THE
SUMMERLAND/CUDJOE--SUGARLOAF KEY MUNICIPAL SERVICE
TAXING UNIT; 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
WHEREAS, Monroe County, through a number of ordinances, created municipal
service taxing units for the assessment of ad valorem taxes in order to provide a portion of the
ftmding necessary for planning and design of wastewater treatment and collection systems in the
unincorporated areas of the county; and
WHEREAS, the original plan was for each wastewater -related municipal taxing unit to
have taxes levied for four (4) years; and
WHEREAS,, due to the logistical, technological, and funding issues in moving forward
with wastewater treatment and collection systems in various areas of the unincorporated county
have delayed the projects in these areas; and
WHEREAS, the monetary cap on ad valorem taxes imposed by the State legislature for
the County's fiscal years ending September 30, 2008 and thereafter, coupled with delayed
timelines in furtherance of some projects resulted in no levy of tax in some MSTUs for some, if
not all, of the fiscal years for which the MSTU's were created to generate revenue for planning,
design, and general administration of wastewater projects; and
WHEREAS, it is desired to extend the expiration dates of the specified MSTUs to allow
the County, should it be deemed necessary and in the best interests of the public, to levy taxes for
the areas specified for a total of four (4) years in each area, including the years in which taxes
were already levied; and
WHEREAS, the decision to incorporate Big Pine and Lower Sugarloaf Keys into Cudjoe
Regional was made by the BOCC on April 16, 2008; and
WHEREAS, No Name Key was removed from the Big Pine Key MSTU through
Ordinance No. 10-2005, and
ORD REINSTATE NNK BPK MSTU///LOWER SUG Page 1 of 3
SUMMERIAND/CUDJ0E-,SUGARWAF MSTU
WHEREAS, the County decided on August 3, 2009, in amending its September 20, 2006
interlocal Agreement with FKAA, to include on -site sewage treatment and disposal systems on
No Name Key in the Cudjoe Regional System; and
WHEREAS, Lower Sugarloaf was in the Cudjoe/Sugarloaf MSTU the one year (FY
2007) that the MSTU tax was levied and was then removed from the MSTU by Ordinance No.
025-2007, and
WHEREAS, it is necessary to revise the MSTU's to reinstate No Name Key into the Big
Pine Key MSTU, reinstate Lower Sugarloaf into the Summerland/Cudjoe--Sugarloaf MSTU, and
extend terms for both MSTU's to allow for a total of four (4) years of taxes to be levied in each
MSTU; now therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
SECTION 1. Section 22-122 , Monroe County Code, shall be amended to read:
Sec. 22-122. Summerlaud/Cudjoe--Sugarloaf Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a municipal service
taxing unit to be known as the Summerland/Cudjoe—Sugarloaf Municipal Service Taxing Unit.
The Summerland/Cudjoe--Sugarloaf Municipal Service Taxing Unit shall encompass that
portion of the unincorporated area bounded on the west by the " Shark
Key Channel and on the east by Niles Channel, less the area encompassed by the Big Coppitt
Municipal Service Taxing District as described in Ordinance No. 26 2006.
(b) The board is hereby authorized, in the manner and under the authority provided by F.S. §
125.01(1)(q), to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon
taxable real and personal property within the Summerland/Cudjoe—Sugarloaf Municipal Service
Taxing Unit, commencing with the county fiscal year beginning October 1, 2005. The imposition
of ad valorem taxes, as authorized herein, shall cease after a levy of taxes under this provision
for a total of four fiscal years and the Summerland/Cudjoe--Sugarloaf Municipal Service Taxing
Unit shall terminate on December 31, 2014 3, and taxes for calendar year 2014 3 may be
collected in 2015 4r
(c) Revenue derived from ad valorem taxes levied in the Summerland/Cudjoe--Sugarloaf
Municipal Service Taxing Unit shall be used solely for the administration, planning and
development costs associated with and incurred in advancing wastewater and reclaimed water
projects within and benefiting the Summerland/Cudjoe--Sugarloaf Municipal Service Taxing
Unit. The board shall adopt a budget for the Summerland/Cudjoe--Sugarloaf Municipal Service
Taxing Unit for the county fiscal year beginning October 1, 2005, and each fiscal year thereafter,
at the same time and in the same manner as the county budget.
SECTION 2. Section 22-123 , Monroe County Code, shall be amended to read:
Sea 22-123. Big Pine Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F.S. § 125.01(lXq), there is hereby created a municipal service
taxing unit to be known as the Big Pine Municipal Service Taxing Unit. The Big Pine Municipal
Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the
west by Niles Channel and on the east by the west end of the Seven Mile Bridge less including
No Name Key.
ORD REINSTATE NNK BPK MSTU///LOWER SUG Page 2 of 3
SUMMERIAND/CUDIOE SUGARLOAP MSTU
(b) The board is hereby authorized, in the manner and under the authority provided by F.S. §
125.01(lXq), to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon
taxable real and personal property within the Big Pine Municipal Service Taxing Unit,
commencing with the county fiscal year beginning October 1, 2005. The imposition of ad
valorem taxes, as authorized herein, shall cease after a levy of taxes under this provision for a
total of four fiscal years and the Big Pine Municipal Service Taxing Unit shall terminate on
December 31, 2016 4, and taxes for calendar year 2016 4 may be collected in 2017&
(c) Revenue derived from ad valorem taxes levied in the Big Pine Municipal Service Taxing
Unit shall be used solely for the administration, planning and development costs associated with
and incurred in advancing wastewater and reclaimed water projects within and benefiting the Big
Pine Municipal Service Taxing Unit. The board shall adopt a budget for the Big Pine Municipal
Service Taxing Unit for the county fiscal year beginning October 1, 2005, and each fiscal year
thereafter, at the same time and in the same manner as the county budget.
SECTION 3. SEVERABILITY. Should any provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 4. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 5. INCLUSION IN THE CODE OF ORDINANCES. 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 6. EFFECTIVE DATE. This Ordinance shall take effect on filing of this
Ordinance with the Department of State as provided in section 125.66(2), Florida Statutes.
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 .2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
dfla r ..
Page 3 of 3
ORD REINSTATE NNK BPK MSTU///LOWER SUG �I gm
-
SUMMERLAND/CUDJOE-SUGARLDAF MSTU
ID
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
4/18/12
Division:
Public Works/Eneineering
Bulk Item: Yes
X No _
Department:
Wastewater
Staff Contact Person/Phone #: Elizabeth Wood/453-8795
AGENDA ITEM WORDING: Approval for County Administrator to execute Second Amendment
to Contract for Consulting Services with Government Services Group, Inc. for the development and
implementation of the Non -Ad Valorem Assessment Programs for the Cudjoe Regional Central and
Supplemental Big Coppitt and Duck Key Programs based on contract scenario selected by the Board of
County Commissioners (BOCC).
■ a i..vi i ne Mate of Flonda FY13 General Appropriation Act if approved requires
construction contracts) for unincorporated Monroe County wastewater projects by March 1, 2013.
The preliminary cash flow analysis for the associated Cudjoe Regional Central System construction
schedule requires the availability of local System Development Fee (SDF) Revenue in FY13. Revenue
for a 2012 tax roll to collect SDFs as special assessments will be available for project construction
beginning in FY13. Statutory hearing and notice requirements to deliver a non -ad valorem tax roll to
the tax collector for the 2012 tax year requires that the Cudjoe Non -ad Valorem Assessment Program
be started now. An amendment for these consulting services is necessary to meet this proposed
construction schedule. Reducing the scope to annual services and development of the Supplemental
Big Coppitt and Duck Key tax rolls was planned prior to the potential State of Florida FY13
Appropriation.
PREVIOUS RELEVANT BOCC ACTION: On December 14, 2011 the BOCC adopted Resolution
No. 440b-2011 establishing the BOCC's intent to use the uniform method of collecting non -ad
valorem special assessments on the 2012 tax bill for the provision of wastewater utility services. The
BOCC previously adopted the following notice of intent resolutions: 568-2007, 515-2008, 463-2009
and 469-2010. The BOCC entered into the Agreement and First Amendment for Consulting Services
for Development and Administration of Non -Ad Valorem Assessment Program in 2009 and 2011
respectively. The non -ad valorem tax rolls were developed both years but were not implemented due
to lack of funding.
CONTRACT/AGREEMENT CHANGES: Contracts for four scenarios and associated costs are
described in the cover memo. Scenarios A, B, and C include: Tasks 1-5 for the development and
implementation of the Cudjoe Regional Central Non -ad Valorem Assessment Program; Task 6 for the
Stock Island, Big Coppitt, and Duck Key annual roll certification and database management; and Task
7 for development and implementation of the Supplemental Big Coppitt and Duck Key tax roll.
Scenario D includes Task 6 and 7 only.
STAFF RECOMMENDATIONS: Approval as stated.