Subject:
Title
Adoption of Solid Waste Special Assessments, Fees and Charges and Ratification, Confirmation and Certification of the Solid Waste Special Assessment Rolls.
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Fiscal Impact:
On July 12, 2022, the Board approved incremental increases in the Department’s Solid Waste Disposal Assessment (Assessments) for Fiscal Years 2022-23, 2023-24, and 2024-25. The fiscal impact on Assessments for the third year, FY 2024-25, incremental increase in the annual residential billing unit will increase by $3.32, and the annual commercial billing unit will increase by $9.59.
In accordance with the Solid Waste & Recycle Collection Services Contract, all charges for residential and commercial collection may increase by either CPI-Garbage and Trash or 3%, whichever is lower. Since the CPI-Garbage and Trash increase was 5.76%, beginning October 1, 2024, the collection rates will increase by 3% for residential and commercial properties.
Dept/Office:
Solid Waste Management Department
Requested Action:
Recommendation
It is requested that the Board of County Commissioners adopt:
(1) The Annual Solid Waste Disposal Special Assessment Rate Resolution reflecting an incremental increase to the annual billing unit for residential properties of $3.32 and for commercial properties of $9.59 for FY 2024-2025.
(2) The Solid Waste Collection and Recycling Special Assessment Rate Resolution and Special Rates and Charges for Improved Non-Residential Property and Compensation Rates which reflect a 3% increase.
(3) The Schedule of Special Rates and Gate Charges Resolution modified to reflect changes to Chapter 94 of the Brevard County Code of Ordinances as approved by the Board on July 9, 2024, amend roll-off container service operating permit fees to $200 per year, and remove the stand-alone gate account security deposit for landscaping companies.
(4) Ratify, Confirm, and Certify the Annual Disposal, Collection, and Recycling Special Assessment Rolls to the Brevard County Tax Collector.
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Summary Explanation and Background:
In accordance with Section 197.3632, Florida Statutes, and Chapter 94, Brevard County Code of Ordinances (Chapter 94) on or before the fifteenth day of September of each year the Board shall hold a Public Hearing and adopt the special assessment rate resolutions for Solid Waste Disposal, and Collection and Recycling and ratify and confirm such rolls to the Brevard County Tax Collector. A Public Hearing is also required for increases in Service Fees at the Gate unless such increases were previously approved by the Board during a Public Hearing.
In addition, Chapter 94 requires that a notice of the Public Hearing be published in a newspaper at least twice, with the first publication being at least 20 days prior to the Public Hearing. Notifications were published on August 7 and August 16, 2024. The following summarizes and explains each requested action:
(1) Annual Solid Waste Disposal Special Assessment Rate Resolution:
In the Department’s Proposed FY 2024-25 Budget, the Solid Waste Disposal Special Assessment (Disposal Assessments) reflects a $3.32 residential billing unit increase and a $9.59 commercial billing unit increase to Disposal Assessment rates. The FY 2024-25 Disposal Special Assessment rate for residential customers is $69.80 per billing unit and $201.46 per billing unit for commercial customers. The Disposal Assessments are assessed against all improved properties within the unincorporated and incorporated areas of the County and are used to fund the operation and capital requirements of Brevard County’s Solid Waste Disposal System.
(2) Annual Solid Waste Collection and Recycling Special Assessment Rate Resolution and Special Rates and Charges for Improved Non-Residential Property:
The Solid Waste Collection and Recycling Special Assessment (Collection Assessment for residential property) for FY 2024-25 reflects an increase of 3%. This will increase a residential billing unit to $218.66 from the current year’s assessment of $212.30. The increase is based on the County’s Collector Contract that requires collection rates to be adjusted annually to reflect the changes in the CPI-Garbage & Trash (CPI-G&T) or an annual increase no greater than 3%, whichever is lower. The CPI-G&T for the March 2023 to March 2024 term increased by 5.76%. The 3% increase in rate will be paid to the Contractor for the services provided to residential improved properties within the unincorporated areas of the County.
The Department FY 2024-25 Budget also reflects an increase in the Special Rates and Charges for Improved Non-Residential Property by 3%. The increase is based on the County’s Collector Contract that requires the rates charged to non-residential properties in the unincorporated areas of the County to increase annually by CPI-G&T or no greater than 3%, whichever is lower. The CPI-G&T for the March 2023 to March 2024 term increased by 5.76%. The 3% increase will be charged to non-residential properties by the Collector.
(3) Schedule of Special Rates and Gate Charges Resolution:
Construction and demolition debris and vegetative material from residential properties brought to the landfill by any person other than the owner, tenant, or contracted collector for disposal will be subject to gate charges. A significant result of this change will allow the County to avoid sweeping solid waste disposal assessment increases to Brevard County residents that would otherwise be needed by focusing on users paying their fair share of costs.
Roll-off container service operating permit fees will be modified from $500 for a five-year permit to $200 per year. This modification is proposed because a) the fee and term has not been modified since 2004, and b) several businesses have allowed their Business Tax Receipt to expire and/or allowed their business to become listed as “Inactive” according to Sunbiz over the five-year permit period yet have continued to operate their business. Changing the permit term to one year will require each roll-off service provider to submit proof of a properly registered business annually.
The gate account security deposit required for landscaping companies has been removed as a stand-alone item and added to the security deposit required of all other businesses; the deposit amount reflects the estimated charges for a period of two months or $200, whichever is greater. Exemption from a security deposit has been removed.
(4) Ratify, Confirm, and Certify the Annual Disposal, Collection, and Recycling Special Assessment Rolls to the Brevard County Tax Collector:
As required by Section 197.3632, Florida Statutes and Chapter 97, Brevard County Code of Ordinances, on or before the 15th day of September of each year the Board of County Commissioners shall certify the Disposal Assessment Roll, and the Collection and Recycling Assessment Roll to the Brevard County Tax Collector. Non-ad valorem assessments collected pursuant to Section 197.3632, Florida Statutes shall be included in the combined notice for ad valorem taxes and shall be subject to all collection provisions of ad valorem taxes.
Attachments:
• Collection Rate Resolution FY2025
• Disposal Rate Resolution FY2025
• Special Rates and Gate Charges Resolution FY2025
• Disposal and Collection Tax Roll Certification FY2025
Clerk to the Board Instructions:
Please sign and attest three (3) copies of each resolution and return two (2) originals of each to the Solid Waste Management Department.