Item P1 PI
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: P1
127
BULK ITEM: No DEPARTMENT: Waste Water
TIME APPROXIMATE: STAFF CONTACT: Tina LoSacco
TBD
AGENDA ITEM WORDING: Approval of a resolution to continue the imposition of wastewater
assessments and to set the annual rate for all previously approved assessment rolls including Big
Coppitt, Duck Key, Stock Island including Stock Island Phase 2, Cudjoe Regional Centralized Inner&
Outer Island and Expanded Parcels within the Cudjoe Regional Service Area, East/West Long Key,No
Name Key, and Middle/Big Torch Key service areas. The administrative cost associated with the
imposition of wastewater assessments is paid from the collection of the annual assessments.
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.
PREVIOUS RELEVANT BOCC ACTION:
Adoption of an annual rate resolution is required by County Ordinance 027-2003. On July 15, 2003, the
BOCC enacted Ordinance No. 027-2003 to authorize the imposition of special assessments to fund the
cost of wastewater treatment capacity.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve.
5095
DOCUMENTATION:
Annual WW Rate Reso - 2023 CAY STAMPED.pdf
FINANCIAL IMPACT:
Effective Date 07-19-2023
Total Cost of Collecting Assessments: $47,000.00
Total Cost to the County: $47,000.00
Current Year Cost: N/A(falls in next fiscal year)
Budgeted: Yes
Source of funds: Special Assessments
Revenue Producing - The amount varies depending on the Special Assessments.
5096
RESOLUTION NO. - 2023
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, 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 2023 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 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 KW Resort
Utilities, 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—July 2023 Page 1 of 5
5097
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 Big Coppitt and Duck Key
Service Areas have been imposed annually since 2013 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
Resolution 157-2015,relating to the provision of wastewater service to parcels on East/West Long Key,
Monroe County BOCC-Annual Rate Resolution—July 2023 Page 2 of 5
5098
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
WHEREAS, the annual assessment revenue is necessary to repay debt obligations and capital
construction costs; and
Monroe County BOCC-Annual Rate Resolution—July 2023 Page 3 of 5
5099
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 per EDU 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 per EDU 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 2023 will continue at a set rate of
$271.88 per EDU.
Section 4.0 The 2023 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 Inner and Outer Islands Supplemental parcels expanded
in January 2013 within Cudjoe Regional is set at a rate of$308.93 per EDU.
• The annual amount for the parcels in the July 2015 Cudjoe-Long Key expansion(No Name Key,
Torches, 35 additional properties, and Long Key)will be levied at a rate of$337.10 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$337.10 per EDU for
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—July 2023 Page 4 of 5
5100
Section 8.0. The effective date of this Resolution is July 19, 2023.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
meeting of said Board held on the 19th day of July 2023.
Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein
Commissioner Michille Lincoln
Commissioner James K.Scholl
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
(Seal)
Attest: Kevin Madok, Clerk
As Deputy Clerk
Approved as to form and content
Monroe County Attorney's Office:
oj'e'-�
Assistant County Attorney
Date: 5-20-2023
Monroe County BOCC-Annual Rate Resolution—July 2023 Page 5 of 5
5101