Item P04BOARD OF COUNTY COMMISSION
AGENDA ITEM SUMMARY
Meeting Date: 5 20 08 —.Key Largo
Bulk Item: Yes X No
Division County Attorneys Office
Staff Contact Person: Suzanne Hutton
AGENDA ITEM WORDING:
Approval of a resolution authorizing staff to prepare necessary documents and to submit same to Key
Largo Wastewater Treatment District to obtain exemptions from wastewater assessments for properties
which were obtained for conservation and other non -development purposes.
ITEM BACKGROUND:
KLWTD has been providing County with notice of wastewater assessments as their projects progressed
and properties in the areas of project completion were expected to have the ability to connect to central
sewerage. The County, primarily through the Land Authority office has been asking for exemptions
when these notices were made. KLWTD recently provided a list of those properties remaining to be
addressed, regardless of the timing of project completion. Since it is not expected that the County will
have these properties connected, the County should be accorded an exemption from assessment. It
should be noted that Islamorada granted the exemption based solely on submissions of staff and
adoption of a blanket policy re governmental entities. KLWTD requires forms to be executed in order
to grant the exemption.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: Savings of as much as one or more hundred thousand dollars. BUDGETED: Yes
No _
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
FOR MONROE COUNTY, FLORIDA, AUTHORIZING STAFF TO
REQUEST OF KEY LARGO WASTEWATER TREATMENT
DISTRICT EXEMPTIONS FROM THE WASTEWATER
ASSESSMENTS FOR PROPERTIES ACQUIRED FOR
CONSERVATION AND OTHER PURPOSES NOT CONSISTENT
WITH DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, as it progresses on its system projects, Key Largo Wastewater
Treatment District (KLWTD) imposes on properties in the area affected special assessments
for the provision of wastewater treatment; and
WHEREAS, some of the County -owned properties within the KLWTD service area
are not expected to be developed, generate wastewater, or benefit from wastewater treatment
service; and
WHEREAS, KLWTD has a procedure by which the County may request an
exemption from wastewater assessments for said properties; and
WHEREAS, the County understands and acknowledges that in the event an exempted
property is later developed in a manner requiring connection to the KLWTD Wastewater
treatment system, the County shall be required to pay to KLWTD all direct and indirect costs
and expenses, including but not limited to, an amount fairly representing the special benefit
the property will receive, as determined by KLWTD, which amount is expected to be higher
than current KLWTD assessments; and
WHEREAS, the County should not pay for infrastructure which will not benefit those
properties which are expected to be conserved and have no development which will generate
wastewater;
NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners
for Monroe county, Florida that:
1. The County Administrator or his designee is hereby authorized to submit to KLWTD
requests for exemptions from assessments for any County -owned properties where the
purpose or means of acquisition, the applicable development regulations, or the existing use
indicate the properties will not be developed in a manner requiring state -mandated connection
to a central sewerage system. Such properties shall consist primarily of, but not limited to,
conservation lands acquired by ROGO dedication, purchase with grant funds, or settlements;
lands designated Tier I; wetlands; undeveloped park lands acquired by dedication on plats;
and properties serving as right-of-way.
Exemptions from KLWTD Assessment
2. The County Administrator and the County Attorney each have the authority to execute
any documents required by KLWTD in order to finalize the award of exemption from any
assessment.
3. This Resolution shall be effective upon adoption.
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 , 2008.
Mayor Charles McCoy
Mayor Pro Mario DiGennaro
Commissioner Sylvia J. Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
ATTEST
DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
By:
Mayor Charles McCoy
MON DECOUNfYAii®RNEV
VED AS 70
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Late �, 2-
Exemptions from KLWTD Assessment 2