HomeMy WebLinkAbout14-105.~
Attachment "1"
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3978366 07/2312014 at 03:15 PM a RESO
OR BOOK 3655 PAGE 1802 - 1824 Doc Typ
RECORDING: $197.00
ST. LUCIE COUNTY, FLORIDA
PRELIMINARY ASSESSMENT RESOLUTION
SOLID WASTE
ADOPTED: July 15, 2014
Page
TABLE OF CONTENTS
SECTION 1. AUTHORITY ............................................................................................................1
SECTION 2. PURPOSE AND DEFINITIONS ........................................................................1
SECTION 3. LEGISLATIVE DETERMINATIONS .............................................................11
SECTION 4, SOLID WASTE COLLECTION AND DISPOSAL SERVICES ...............14
SECTION 5. DETERMINATION OF SOLID WASTE COST;
ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE
ASSESSMENTS ..................................................................................................15
SECTION 6. ASSESSMENT ROLL .........................................................................................16
SECTION 7. AUTHORIZATION OF PUBLIC HEARING ................................................17
SECTION 8. NOTICE BY PUBLICATION ............................................................................17
SECTION 9. NOTICE BY MAIL ...............................................................................................17
SECTION 10. EFFECTIVE DATE ...............................................................................................18
APPENDIX A. DESCRIPTION OF COUNTY SOLID WASTE URBAN
SERVICE AREA .................................................................................................. A-1
APPENDIX B. FORM OF NOTICE TO BE PUBLISHED .................................................................. B-1
APPENDIX C. FORM OF NOTICE TO BE MAILED ......................................................................... C-1
RESOLUTION 14-105
A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA,
RELATING TO THE COLLECTION AND DISPOSAL OF
RESIDENTIAL WASTE AND RECYCLABLE MATERIALS IN
THE COUNTY SOLID WASTE URBAN SERVICE AREA OF ST.
LUCIE COUNTY, FLORIDA; DESCRIBING THE METHOD OF
ASSESSING SOLID WASTE COSTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN ST. LUCIE COUNTY;
DETERMINING THE SOLID WASTE COST AND THE
PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS;
DIRECTING THE PREPARATION OF AN ASSESSMENT
ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
SECTION 1. AUTHORITY.
This resolution is adopted pursuant to the provisions of Article V, Collection of Solid
Waste and Recyclable Materials, of the St. Lucie County Code, sections 125.01, 125.66,
197,3632, and 197.3635, Florida Statutes, and other applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS.
This resolution constitutes the Preliminary Assessment Resolution. All capitalized
words and terms not otherwise defined herein shall have the meanings set forth in Article V,
Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code. Unless
the context indicates otherwise, words imparting the singular number, include the plural
number, and vice versa. As used in this Preliminary Assessment Resolution, the following
terms shall have the following meanings, unless the context hereof otherwise requires:
"Assessed Property" means all parcels of land included on the Assessment Roll that
receive a special benefit from the delivery of the Residential Waste and Recyclable
Materials collection and disposal services, facilities or programs identified in the
Preliminary Assessment Resolution.
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"Assessment Roll" means the special assessment roll relating to a Solid Waste
Service Assessment approved by a Final Assessment Resolution.
"Biomedical Waste" means any solid waste or liquid waste that may present a threat
of infection to humans. The term includes, but is not limited to, non-liquid human tissue and
body parts; laboratory and veterinary waste that contain human-disease-causing agents;
discarded disposable sharps; human blood and human blood products and body fluids; and
other materials that in the opinion of the Department of Health represent a significant risk
of infection to persons outside the generating facility. The term does not include human
remains that are disposed of by persons licensed under chapter 497, Florida Statutes.
"Biological Waste" means solid waste that causes or has the capability of causing
disease or infection and includes, but is not limited to, biomedical waste, diseased or dead
animals, and other wastes capable of transmitting pathogens to humans or animals. The term
does not include human remains that are disposed of by persons licensed under chapter 497,
Florida Statutes.
"Board" means the Board of County Commissioners of St. Lucie County, Florida.
"Building" means any structure, whether temporary or permanent, built for the
support, shelter or enclosure of Persons, chattel or property of any kind.
"Bulk Items" means items that require special handling and management because of
their volume, e.g., tires, Construction and Demolition Debris, White Goods, large household
goods and furniture. "Bulk Items" must have been previously used by the customer at the
Dwelling Unit for which Collection Service is provided. The term "Bulk Items" excludes
Exempt Waste.
"Collection Service" means Residential Waste Collection Service and Recyclable
Material Collection Service.
"Commercial Property" means all Improved Property other than Residential Property.
"Construction and Demolition Debris" means discarded materials generally
considered to be not water-soluble and nonhazardous in nature, including but not limited to
steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber,
from the construction or destruction of a structure as part of a construction or demolition
project or from the renovation of a structure, and includes rocks, soils, tree remains, trees,
and other vegetative matter that normally results from land clearing or land-development
operations for a construction project including such debris from construction of structures
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at a site remote from the construction or demolition project site. Mixing of construction
and demolition debris with other types of solid waste will cause the resulting mixture to be
classified as other than construction and demolition debris. The term also includes:
1. Clean cardboard, paper, plastic, wood, and metal scraps from a construction
project;
2. Except as provided in s. 403.707(9)(j), Florida Statutes, yard trash and
unpainted, nontreated wood scraps and wood pallets from sources other than construction or
demolition projects;
3. Scrap from manufacturing facilities which is the type of material generally
used in construction projects and which would meet the definition of construction and
demolition debris if it were generated as part of a construction or demolition project. This
includes debris from the construction of manufactured homes and scrap shingles, wallboard,
siding concrete, and similar materials from industrial or commercial facilities; and
4. De minimis amounts of other nonhazardous wastes that are generated at
construction or destruction projects, provided such amounts are consistent with best
management practices of the industry.
"County" or any like term, means a political subdivision of the state established
pursuant to s.l, Art. VIII of the State Constitution and, when s. 403.706(19), Florida
Statutes, applies, means a special district or other entity.
"County Administrntor" means the chief executive officer of the County, or the
designee or designees of the County Administrator.
"County Solid Waste Urban Service Aren" means that portion of the unincorporated
area of the County described on Appendix A.
"Duplex" shall mean a Building that contains two Dwelling Units.
"Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for
residential purposes, consisting of one or more rooms arranged, designed, used, or intended
to be used as living quarters for one family only.
"DOR Code" means a property use code established in Rule 12D-8.008, Florida
Administrative Code, assigned by the Property Appraiser to Tax Parcels within the County.
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"Exempt Waste" means Biological Waste, Hazardous Waste, Sludge, automobiles,
automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead acid
batteries, used oil, any material for which there is no legally permitted disposal or storage
facility within the County. However, tires on rims, rims, small boat and auto parts under 50
Ibs are not exempt.
"Final Assessment Resolution" means the resolution adopted in which Solid Waste
Service Assessments are imposed which shall confirm, modify, or repeal the Preliminary
Assessment Resolution and which shall be the final proceeding for the annual imposition of
Solid Waste Service Assessments,
"Fiscal Year" means that period beginning October 1st of each year and ending on
September 30th of the subsequent year.
"Garbage" means all putrescible waste which generally includes, but is not limited to,
kitchen and table food waste, vegetative, food or any organic waste that is attendant with,
or results from the storage, preparation, cooking or handling of food material.
"Hazardous Waste" means solid waste, or a combination of solid wastes, which,
because of its quantity, concentration, or physical, chemical, or infectious characteristics,
may cause, or significantly contribute to, an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or may pose a substantial present or
potential hazard to human health or the environment when improperly transported, disposed
of, stored, treated, or otherwise managed. The term does not include human remains that
are disposed of by persons licensed under chapter 497, Florida Statutes.
"Household Waste" means Garbage and Rubbish generated by a Dwelling Unit for
which Collection Service is provided hereunder. The term "Household Waste" does not
include Exempt Waste or Bulk Items.
"Improved Property" means all property within the County on which a Building or
other improvements including, but not limited to, facilities providing retail electrical service
to such property have been placed or constructed, which improvements result in such
property generating Residential Waste or being capable of generating Residential Waste.
"Improvement Codes" mean the property use codes assigned by the Property
Appraiser to Tax Parcels within the County.
"Preliminary Assessment Resolution" means the annual resolution adopted in any year
in which Solid Waste Service Assessments are imposed which shall be the initial proceeding
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for the identification of the Solid Waste Cost for which an assessment is to be made and for
the imposition of a Solid Waste Service Assessment.
"Land Clearing Debris" means vegetative matter resulting from a comprehensive land
clearing operation, but does not include Yard Trash.
"Mobile Home" means manufactured homes, trailers, campers and recreational
vehicles.
"Multiple Single-Family Attached Units" means single-family dwelling units
constructed in a series, row, or group, including four units or more with common walls or
separate walls abutting each other, separated by a nominal space of not less than two inches,
or which have an independent entrance.
"Owner" means the Person reflected as the owner of Assessed Property on the Tax
Roll.
"Property Appraiser" means the St. Lucie County Property Appraiser.
"Recyclable Material" means those materials that are capable of being recycled and
that would otherwise be processed or disposed of as solid waste.
"Recyclable Material Collection Service" means the process whereby Recyclable
Material is removed from a Dwelling Unit, processed and marketed by Contractor.
"Residential Property" means a parcel of Improved Property on which aSingle-Family
Residence, Mobile Home, Duplex or Triplex is located; provided, however, that "Residential
Property" does not include (A) property on which a Mobile Home is located that is classified
as either "PUD," "HIRD," "RE-2", "CG," "CN," "CO," or "RVP" under the County's zoning
regulation, or (B) a parcel of property on which more than one Single-Family Residence,
Mobile Home, Duplex or Triplex is located; or (C) any Dwelling Unit located on a parcel of
property that shares a common wall with one or more other Dwelling Units on other parcels
of property not under common ownership. Residential property shall not include any County
owned property.
"Residential Waste" includes Household Waste, Yard Trash and Bulk Items.
"Residential Waste Collection Service" means the process whereby Residential
Waste is removed from a Dwelling Unit and transported to a Solid Waste Disposal Facility.
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"Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or paper
boxes and containers, sweep-ups and all other accumulations of a nature other than Garbage,
which are usual to housekeeping; also any bottles, cans or other containers not containing
Garbage.
"Single-Fnmily Residence" shall mean a Building that contains a single dwelling Unit.
"Sludge" includes, the accumulated solids, residues, and precipitates generated as a
result of waste treatment or processing, including wastewater treatment, water supply
treatment, or operation of an air pollution control facility, and mixed liquids and solids
pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances.
"Solid Waste Service Assessment" means a special assessment lawfully imposed by
the County against Assessed Property to fund all or any portion of the cost of the provision
of Residential Waste and Recyclable Materials collection and disposal services, facilities, or
programs providing a special benefit to property as a consequence of possessing a logical
relationship to the value, use, or characteristics of the Assessed Property.
"Solid Waste Cost" means the amount necessary to fund the County's collection and
disposal of Residential Waste and the recycling activities of Recyclable Materials that are
allocable to Assessed Property during a Fiscal Year and shall include, but not be limited to:
(A) the cost, whether direct or indirect, of all services, programs or facilities provided by
the County, or through contractual arrangements with the County relating to Residential
Waste and Recyclable Materials management, collection and disposal activities; (B) the cost
of any indemnity or surety bonds and premiums for insurance; (C) the cost of salaries,
volunteer pay, workers' compensation insurance, or other employment benefits; (D) the cost
of computer services, data processing, and communications; (E) the cost of training, travel
and per diem; (F) the recovery of unpaid or delinquent fees or charges advanced by the
County and due for Residential Waste and Recyclable Materials management, collection, and
disposal services, programs or facilities allocable to specific parcels; (G) the cost of
engineering, financial, legal or other professional services; (H) all costs associated with the
structure, implementation, collection, and enforcement of the Solid Waste Service
Assessments or a prior year's assessment for a comparable service, facility or program,
including any service charges of the Tax Collector or Property Appraiser; (I) nll other costs
and expenses necessary or incidental to the acquisition; provision, or delivery of the
services, programs or facilities funded by the Solid Waste Service Assessment, and such
other expenses as may be necessary or incidental to any related financing authorized by the
Board; (J) a reasonable amount for contingency and anticipated delinquencies and
uncollectible Solid Waste Service Assessments; and (K) reimbursement to the County or any
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other Person for any monies advanced for any costs incurred by the County or such Person in
connection with any of the foregoing items of Solid Waste Cost.
"Solid Waste Disposal Facility" means any solid waste management facility that is
the final resting place for solid waste, including landfills and incineration facilities that
produce ash from the process of incinerating municipal solid waste.
"Tax Collector" means the St. Lucie County Tax Collector.
"Tnx Roll" means the real property ad valorem tax assessment roll maintained by the
Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Triplex" shall mean a Building that contains three Dwelling Units.
"Uniform Assessment Collection Act" means sections 197.3632 and 197.3635,
Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem
assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated
thereunder.
"White Goods" includes discarded air conditioners, heaters, refrigerators, ranges,
water heaters, freezers, and other similar domestic and commercial large appliances.
"Yard Trnsh" means vegetative matter resulting from yard landscaping maintenance
and land clearing operations and includes associated rocks and soils.
SECTION 3. LEGISLATIVE DETERMINATIONS.
It is hereby ascertained, determined and declared that the Solid Waste Costs
provide a special benefit to the Assessed Property based upon the following legislative
determinations:
(A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01
and 125.66, Florida Statutes, the Board has all powers of local self-government to perform
county functions and to render county services except when prohibited by law, and such
power may be exercised by the enactment of legislation in the form of County ordinances
and resolutions.
(B) In addition to its powers of self-government, the Board is authorized by
section 125.01(1)(r), Florida Statutes, to impose Solid Waste Service Assessments in all or a
portion of the unincorporated area. Additionally, the Board derives authority to impose
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Solid Waste Service Assessments from the home rule power of counties in Article VIII,
section 1(f), Florida Constitution, section 125.01, Florida Statutes, and specifically section
125.01(1)(r), Florida Statutes.
(C) This Resolution authorizes the imposition of Solid Waste Service
Assessments within the County Solid Waste Urban Service Area.
(D) It is fair and reasonable to use the Improvement Codes and DOR Codes to
apportion the Solid Waste Cost among parcels of Assessed Property located within the
County Solid Waste Urban Service Area because: (1) the Tax Roll database employing the
use of such property use codes is the most comprehensive, accurate, and reliable
information readily available to determine the property use and number of Dwelling Units
for Improved Property within the County Solid Waste Urban Service Area, and (2) the Tax
Roll database is maintained by the Property Appraiser and is consistent with the coding of
parcel designations on the Tax Roll which compatibility permits the development of an
Assessment Roll inconformity with the requirements of the Uniform Assessment Collection
Act.
(E) Pursuant to section 403.706(1), Florida Statutes, the County has the general
responsibility and authority to provide for the collection and transport of Residential Waste
and Recyclable Materials generated within its unincorporated area to appropriate Solid
Waste Disposal Facilities.
(F) The existence of any Building or other improvement on Improved Property
results in such property generating Residential Waste and Recyclable Materials or being
capable of generating Residential Waste and Recyclable Materials.
(6) Whether imposed throughout the entire County or a portion thereof, the
imposition of a recurring annual Solid Waste Service Assessment is an alternative, equitable
and efficient method to fairly and reasonably apportion and recover the Residential Waste
and Recyclable Materials management, collection, and disposal costs experienced by the
County among the parcels of Residential Property within the County Solid Waste Urban
Service Area.
(H) The size or value of Residential Property does not determine the scope and
cost of Residential Waste and Recyclable Materials management, collection, and disposal
services to be provided to such property. The use of Residential Waste and Recyclable
Materials management, collection, and disposal services, facilities, and programs are driven
by the existence of a Dwelling Unit and the average occupant population.
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(I) Apportioning the Solid Waste Costs for Residential Waste collection and
disposal services provided to Residential Property within the County Solid Waste Urban
Service Area on a per Dwelling Unit basis is compatible with the use of the Tax Roll data
base, is required to avoid cost inefficiency and unnecessary administration, and is a fair and
reasonable method of apportioning Solid Waste Costs.
(J) The use of the uniform method of collection authorized in the Uniform
Assessment Collection Act provides a mechanism to equitably and efficiently collect Solid
Waste Service Assessments for Residential Waste and Recyclable Materials management,
collection, and disposal service, facilities, and programs allocable to specific parcels of
Assessed Property within the County Solid Waste Urban Service Area.
(K) The annual Solid Waste Service Assessment to be imposed pursuant to this
Resolution shall constitute non-ad valorem assessments within the meaning and intent of the
Uniform Assessment Collection Act.
(L) The Solid Waste Service Assessment imposed pursuant to this Resolution is
imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the
Property Appraiser or Tax Collector under the provision of the Uniform Assessment
Collection Act and the Interlocal Agreement with the Property Appraiser shall be construed
as ministerial.
(M) Residential Waste and Recyclable Materials management, collection, and
disposal services, facilities, and programs furnished by the County provide a special benefit
and possess a logical relationship to the use and enjoyment of Residential Property by
providing: (1) Residential Waste and Recyclable Materials management, collection, and
disposal services, facilities, and programs to the Owners and occupants of Residential
Property for proper, safe, and cost effective disposal of Residential Waste and Recyclable
Materials generated on such property, (2) better service to Owners and tenants, (3) the
enhancement of environmentally responsible use and enjoyment of Residential Property, and
(4) the protection and possible enhancement of property values and the health and safety of
the Owners and occupants of Residential Property resulting from the uniform delivery and
availability of such services, facilities, and programs.
(N) It is hereby ascertained, determined, and declared that each parcel of
Assessed Property will be benefitted by the County's provision of Residential Waste and
Recyclable Materials management, collection, and disposal services, facili#ies and programs
in an amount not less than the Solid Waste Service Assessment upon such parcel computed in
the manner set forth in this Preliminary Assessment Resolution.
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SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES.
(A) Upon the imposition of Solid Waste Service Assessments for Residential
Waste and Recyclable Materials management, collection, and disposal against Assessed
Property located within the County Solid Waste Urban Service Area, the County shall cause
Residential Waste and Recyclable Materials management, collection, and disposal services to
be provided to such Assessed Property. Solid Waste Costs shall be paid from proceeds of
the Solid Waste Service Assessments.
(B) The provision of comprehensive Residential Waste and Recyclable Materials
management, collection, and disposal services and programs furnished by or through the
County Solid Waste Urban Service Area to Residential Property enhances and strengthens
the relationship of such services and programs to the use and enjoyment of Residential
Property within the County Solid Waste Urban Service Area.
SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF
PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS.
(A) The Solid Waste Cost to be assessed and apportioned among benefitted
parcels for the Fiscal Year commencing October 1, 2014, is approximately $4,900,298.46.
The approval of this Preliminary Assessment Resolution determines the amount of the Solid
Waste Cost. The remainder of such Fiscal Year budget for Residential Waste and
Recyclable Materials services and facilities shall be funded from available County revenue
other than Solid Waste Service Assessments.
(B) For the Fiscal Year in which Solid Waste Service Assessments for Residential
Waste and Recyclable Materials management, collection, and disposal services, facilities and
programs are imposed, the Solid Waste Cost shall be allocated among all parcels of Assessed
Property, based upon each parcels' classification as Residential Property and the number of
Dwelling Units for such parcels. A rate of assessment equal to $252.06 for each Dwelling
Unit for Residential Waste and Recyclable Materials management, collection, and disposal
services is hereby approved for the Fiscal Year commencing on October 1, 2014. In
addition to the Solid Waste Service Assessments for Residential Waste and Recyclable
Materials for the Fiscal Year, the Solid Waste Cost due from any property for prior Fiscal
Years which is delinquent shall be assessed against such Residential Property.
(C) The rate of the Solid Waste Service Assessments established in this
Preliminary Assessment Resolution shall be the rates applied by the County Administrator in
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the preparation of the Preliminary Assessment Roll for the Fiscal Year commencing
October 1, 2014, as provided in Section 6 of this Preliminary Assessment Resolution.
SECTION 6. ASSESSMENT ROLL.
(A) The County Administrator is hereby directed to prepare, or cause to be
prepared, a Preliminary Assessment Roll for the Fiscal Year commencing October 1, 2014.
Such Preliminary Assessment Roll shall contain the following: (1) a summary description of
all Assessed Property within the County Solid Waste Urban Service Area conforming to the
description contained on the Tax Roll, (2) the name and address of the Owner of record of
each parcel as shown on the Tax Roll, and (3) the amount of the Preliminary Solid Waste
Service Assessment for Residential Waste and Recyclable Materials management,
collection, and disposal services. The Preliminary Assessment Roll shall be open to public
inspection. The foregoing shall not be construed to require that the Preliminary
Assessment Roll be in printed form if the amount of the Solid Waste Service Assessment
for each parcel of property can be determined by use of a computer terminal available to the
public. Such Solid Waste Service Assessment for each parcel of Assessed Property shall
be computed by multiplying the assessment rate by the number of Dwelling Units on such
parcel. A separate Assessment Roll containing the above information shall also be prepared
for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior
Fiscal Years.
(B) It is hereby ascertained, determined, and declared that the foregoing
method of determining the Solid Waste Service Assessments for Residential Waste and
Recyclable Materials management, collection, and disposal services (1) is a fair and
reasonable method of apportioning the Solid Waste Cost among parcels of Assessed
Property and (2) is an equitable and efficient mechanism to address payment delinquencies
and recover funds advanced for Residential Waste and Recyclable Materials management,
collection, and disposal services, facilities, and programs which are allocable to specific
parcels of Assessed Property.
SECTION 7. AUTHORIZATION OF PUBLIC HEARING.
There is hereby established a public hearing to be held at 6:00 p.m. on September 2,
2014, in the County Commission Chambers, on the Third Floor of the St. Lucie County
Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of (A)
receiving and considering any comments on the Solid Waste Service Assessments from
affected property owners and (B) authorizing the imposition of such Solid Waste Service
Assessments for Residential Waste and Recyclable Materials management, collection, and
disposal and collection on the same bill as ad valorem taxes.
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SECTION 8. NOTICE BY PUBLICATION.
The County Administrator shall publish a notice, as required by the Uniform
Assessment Collection Act, in substantially the form attached hereto as Appendix B. Such
notice shall be published not later than August 1, 2014 in a newspaper generally circulated in
the County.
SECTION 9. NOTICE BY MAIL.
The County Administrator shall provide notice by first class mail to the Owner of
each parcel of Assessed Property that was subject to the Solid Waste Assessment for the
first time, is being assessed for a delinquency in the payment of the Solid Waste Cost for
prior Fiscal Years or as otherwise required by the Uniform Assessment Collection Act, in
substantially the form attached hereto as Appendix 6. Such notices shall be mailed not
later than August 1, 2014. For purposes of the Solid Waste Assessment, the amount of the
assessment levied in Fiscal Year 2014-2015 shall be deemed the maximum rate authorized
by Inw.
SECTION 10. EFFECTIVE DATE.
This Preliminary Assessment Resolution shall take effect immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 15th day of July 2014.
(SEAL)
ATTEST: ,~
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By: /
/` Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLQRfi6A
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Y ~ '~ YY,
Chair
APPROVED~FOR FORM AND
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By : ~'~'`
my A
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APPENDIX A
DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA
The County Solid Waste Urban Service Area is described as that portion of the
unincorporated area of the County lying to the east of the following described line:
begin at the point Interstate 95 enters the County from Indian River County and run
southerly along Interstate 95 along Interstate 95 to Angle Road; then run westerly along
Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road;
then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to
Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run
southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95
to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-24 Canal; then run
southerly along C-24 Canal to Juliette Avenue; then run westerly along Juliette Avenue to
Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan
Boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly
along Interstate 95 to the point at which it enters Martin County.
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APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To be published on or before August 1, 2014
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS
Notice is hereby given that the Board of County Commissioners of St. Lucie County,
Florida (the "board") will conduct a public hearing to consider imposing solid waste special
assessments against certain improved residential properties located within the County Solid
Waste Urban Service Area to fund the cost of solid waste management, collection, and
disposal services, facilities and programs provided to such properties and to authorize
collection of such assessments on the tax bill.
The hearing will be held in the County Commission Chambers at 6:00 p.m. on
September 2, 2014, or as soon thereafter as the matter may be heard in the St. Lucie
County Commission Chambers located on the Third Floor in the St. Lucie County
Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of
receiving public comment on the proposed assessments. All affected property owners have
a right to appear at the hearing and to file written objections with the Board within 20 days
of this notice. If a person decides to appeal any decision made by the Board with respect to
any matter considered at the hearing, such person will need a record of the proceedings and
may need to ensure that a verbatim record is made, including the testimony and evidence
upon which the appeal is to be made. In accordance with the Americans with Disabilities
Act, persons needing a special accommodation or an interpreter to participate in this
proceeding should contact George Landry, Safety and Risk Manager at (772) 462-1546 or
TDD (772) 462-1428, at least seven days prior to the date of the hearing.
The assessments will be computed by multiplying the number of dwelling units on each
parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year
shall be $252.06 per dwelling unit. The maximum rate of assessment that can be charged in
future fiscal years without additional notice shall be $252.06 per dwelling unit. Copies of
the assessment roll, showing the amount of the assessment to be imposed against each
parcel of property, and the legal documentation relating to the assessments are available for
inspection at the office of the County's MSBU Coordinator located on the Second Floor of
the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida.
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The assessments will be collected on the ad valorem tax bill to be mailed in November
2014, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments
will cause a tax certificate to be issued against the property which may result in a loss of
title.
If you have any questions, please contact the County at (772) 462-1631, Monday
through Friday between 8:00 a.m. and 5:00 p.m.
[INSERT MAP OF COUNTY]
l~~ 1 j ~/
Daniel 5. McInty
County Adminis c
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APPENDIX C-1
******NOTICE TO PROPERTY OWNER******
ST. LUCIE COUNTY, FLORIDA NOTICE
OF HEARING TO IMPOSE AND PROVIDE
FOR COLLECTION OF NON-AD
VALOREM ASSESSMENTS
St. Lucie County
2300 Virginia Avenue NOTICE DATE: August 1, 2014
Owner Tax Parcel #
Address Legal Description:
City, State, Zip
As required by Section 197.3632, Florida Statutes, and at the direction of the Board of
County Commissioners of St. Lucie County, Florida, notice is given by the County that annual
assessments for solid waste services (garbage and yard waste collection) using the tax bill
collection method, may be levied on your property. The use of an annual special assessment
to fund solid waste services benefitting improved residential property located within the
County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund
solid waste services. The total annual solid waste assessment revenue to be collected
within the County Solid Waste Urban Service Area is estimated to be $4,900,298.46. The
annual solid waste assessment is based on the number of residential dwelling units contained
on each parcel of property.
The following is a summary of the non-ad valorem special assessments being imposed on the
above parcel for the fiscal year beginning October 1, 2014.
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units on the above parcel is 1 dwelling units.
The annual solid waste assessment for the above parcel is $252.06 for fiscal year
2014-2015 and shall constitute the maximum amount of the assessment for future fiscal
years, unless a new resolution is subsequently adopted by the Board.
A public hearing will be held at 6:00 p.m. on September 2, 2014 or as soon thereafter as may
be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County
17
Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of
receiving public comment on the proposed assessments. All owners of improved residential
property within the County Solid Waste Urban Service Area were mailed individual notices
similar to this one. Subsequent to this year, only owners of reclassified property which
resulted in an increased assessment, or owners of property not included on the prior years
assessment roll will receive updated mailed notice in addition to the annual published notice,
provided that the amount levied does not exceed the maximum amount of the assessment as
set forth herein. You and all other affected property owners have a right to appear at the
hearing and to file written objections with the Board within 20 calendar days of the date of
this notice. If you decide to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at the hearing, you will need a record of the
proceedings and may need to ensure that a verbatim record is made, including the testimony
and evidence upon which the appeal is to be made. In accordance with the Americans with
Disabilities Act, persons needing a special accommodation or an interpreter to participate in
this proceeding should contact the George Landry, Safety and Risk Manager at (772)
462-1546 or telecommunications device for the deaf at (772) 462-1428, at least seven (7)
days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within
20 days from the date of Board's action at the above hearing (including the method of
apportionment, the rate of assessment and the imposition of assessments), such action shall
be the final adjudication of the issues presented.
Copies of the legal documentation for the assessment program are available for inspection
at the Office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107,
Fort Pierce, Florida.
The special assessment amount shown on this notice and the ad valorem taxes for the above
parcel will be collected on the ad valorem tax bill mailed in November of each year that the
assessment is imposed. Failure to pay the assessment will cause a tax certificate to be
issued against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions, please
contact the County at (772) 462-5112, Monday through Friday between 8:00 a.m. and 5:00
p.m.
*****THIS IS NOT A TAX BILL*****
18
APPENDIX C-2
* * * * * NOTICE TO PROPERTY OWNER
ST. LUCIE COUNTY
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Owner
Address
City, State Zip
ST. LUCIE COUNTY. FLORIDA
NOTICE OF HEARING TO IMPOSE
AND PROVIDE FOR COLLECTION OF
NON-AD VALOREM ASSESSMENTS
NOTICE DATE: AUGUST 1, 2014
NOTICE OF ASSESSMENT FOR "UNCOLLECTED" SOLID WASTE SERVICE
ASSESSMENT FEES DUE FOR FISCAL YEAR 2013-2014 (OCTOBER 1, 2013 THROUGH
SEPTEMBER 30, 2014).
As required by Section 197.3632, Florida Statutes, and at the direction of the Board of
County Commissioners of St. Lucie County, Florida, notice is given by the County that annual
assessments for solid waste services (garbage, recXcling and ward waste collection and
disposal service) using the tax bill collection method, may be levied on your property. The
use of an annual special assessment to fund solid waste services benefitting improved
residential property located within the County Solid Waste Urban Service Area is a fair,
efficient and effective manner to fund solid waste services. The total annual solid waste
assessment revenue to be collected within the County Solid Waste Urban Service Area for
"uncollected" solid waste service assessment fees is estimated to be $4,900,298.46. The
annual solid waste assessment is based on the number of residential dwelling units contained
on each parcel of property.
The following is a summary of the solid waste service assessments that were erroneously not
collected for the above parcel for the fiscal year beginning October 1, 2013. This amount is
in addition to the solid waste non-ad valorem assessment for the fiscal year beginning
October 1, 2014.
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units on the above parcel is 1 dwelling units.
19
The annual solid waste assessment for the above parcel is $252.06 for f fiscal year 2014-15
and shall constitute the maximum amount of the assessment for future fiscal years, unless a
new resolution is subsequently adopted by the Board.
A public hearing will be held at 6:00 p.m. on September 2, 2014, or as soon thereafter as may
be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County
Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of
receiving public comment on the proposed assessments. All owners of improved residential
property within the County Solid Waste Urban Service Area were mailed individual notices
similar to this one. Subsequent to this year, only owners of reclassified property which
resulted in an increased assessment, or owners of property not included on the prior years
assessment roll will receive updated mailed notice in addition to the annual published notice,
provided that the amount levied does not exceed the maximum amount of the assessment as
set forth herein. You and all other affected property owners have a right to appear at the
hearing and to file written objections with the Board within 20 calendar days of the date of
this notice. If you decide to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at the hearing, you will need a record of the
proceedings and may need to ensure that a verbatim record is made, including the testimony
and evidence upon which the appeal is to be made. In accordance with the Americans with
Disabilities Act, persons needing a special accommodation or an interpreter to participate in
this proceeding should contact the George Landry, Safety and Risk Manager at (772)
462-1546 or telecommunications device for the deaf at (772) 462-1428, at least seven (7)
days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within
20 days from the date of Board's action at the above hearing (including the method of
apportionment, the rate of assessment and the imposition of assessments), such action shall
be the final adjudication of the issues presented.
Copies of the legal documentation for the assessment program are available for inspection
at the Office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107
Fort Pierce, Florida.
The special assessment amount shown on this notice and the ad valorem taxes for the above
parcel will be collected on the ad valorem tax bill mailed in November of each year that the
assessment is imposed. Failure to pay the assessment will cause a tax certificate to be
issued against the property which may result in a loss of title.
20
If there is a mistake on this notice, it will be corrected. If you have any questions, please
contact the County at (772) 462-3500, Monday through Friday between 8:00 a.m. and 5:00
p.m.
*****THIS IS NOT A TAX BILL*****
21