Agenda 03/25/2008 Item #10I
Agenda Item NO.1 01
March 25, 2008
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution of the Board of County Commissioners of Collier
County, Florida, amending and clarifying the County's Storm water Funding, Operation and
Management Policy
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to adopt a
Resolution to clarify the funding, operation and management of the County's stormwater
systems,
CONSIDERATIONS: In 1991, the Board of County Commissioners approved Ordinance
No. 91-27, establishing a Stormwater Utility for Collier County. Ordinance No. 91-27
established the "Storm water Utility enterprise fund" to account for all revenues, expenditures,
assets, earnings of the utility, in which all revenues from the stormwater utility shall be
deposited, and that such monies shall, in order of priority, (i) pay the costs of operations and
maintenance, (ii) debt servicc, and (iii) extension and replacement of the system.
On June 22, 2004, the Board of County Commissioners approved item lOG of the County
Manager's Report entitled "Recommendation to adopt a Stormwater Funding Policy for the
Capital Improvement Program to ensure adequate flood protection and water quality, estimated
fiscal impact of $140 million from Collier County with a total of $346 million over the next 20
years." The Board concurred with an overall funding program that included proportionate cost
share for stom1water improvements trom Collier County, Big Cypress Basin of the South Florida
Water Management District, Municipal Services Taxing Units (MSTUs) and other grants.
On March 5, 2005, the Board of County Commissioners adopted Resolution No. 2005-115
entitled "Resolution of the Board of County Commissioners of Collier County, Florida, directing
that ad valorem revenues (generated from 0.15 mills) shall be dedicated to Collier County's
Stormwater Utility for fiscal year 2006 and for the next nineteen fiscal years." The Board
directed that these revenues be deposited into "Fund 325 - the Stormwater Capital Improvement
Fund."
On January 25, 2007, the Board of County Commissioners approved Ordinance No. 2007-11
amending the Collier County Growth Management Plan (GMP) that includes the Drainage Sub-
Element of the Public Facilities Element. This portion of the GMP inventories the storm water
management activities within unincorporated Collier County and establishes the goal of
providing drainage and flood protection for existing and future development, minimize
degradation of quality of receiving waters and surrounding natural areas and protect the
functions of natural groundwater aquifer recharge areas. The County's Transportation Services
Division is responsible for the management of the storm water drainage systems associated with
County roadways as well as the Secondary Drainage system, and is responsible to assure
compliance with the County's National Pollutant Discharge Elimination System (NPDES)
Phases II MS4 General Permit.
Agenda Item t-Jo. 101
March 25, 2008
Page 2 of 15
On June 12, 2007, the Board of County Commissioners directed staff to prepare and bring back
to the Board for consideration a consolidated Stormwater Ordinance/Resolution that clearly
defines responsibility for constructing, operating and maintaining storm water facilities.
On January 29, 2008, staff presented two alternative approaches for County Stormwater
responsibilities and priorities (Item 100). The Board continued the item and directed staff to
further clarify the Stormwater Policy.
Collier County has more than 130 lineal miles of canals, 4 I water level control structures, and 3
pump stations that are operated and maintained by the County. This system of stormwater
drainage facilities is referred to as the Secondary Drainage System. The network of roadside
drainage facilities within County and State Transportation easements are operated and
maintained by the County as part of the roadside Tertiary System. In addition, there are many
neighborhood drainage systems that are privately owned and not maintained by the County.
The Board of County Commissioners recognizes that to meet the needs of the community, it is
important that the Secondary Drainage System be preserved and improved in order to provide
adequate facility capacity to receive the discharge from neighborhoods and roadside tertiary
drainage systems in order to protect the health, safety and welfare of the citizens of the County.
Improvement of the secondary system will facilitate off-site flows from neighborhoods and in
many instances, help resolve existing tertiary system deficiencies in the most cost-effective
mmmer.
Unfortunately, funding from MSTUs as identified in the 2004 Stormwater Funding Policy has
not materialized and the Florida State Legislature has restricted the County's ability to generate
future revenue from MSTUs by requiring an adjustment to the County-wide ad valorem tax to
offset revenues received from any new MSTU, unless action is taken by the Board by
supermajority vote to exceed the prior millage rate for ad valorem taxes.
The attached resolution seeks to clarify that tax revenues generated by 0.15 mils or the Board
approved funding from the County's ad valorem taxes are to be deposited into Fund 324 and
Fund 325 to be expended for administration of the NPDES Phase]] MS4 General Permit and for
planning and design of storm water projects for improvements and maintenance of the Secondary
System. The Resolution focuses current funding towards improvement of the Secondary System
with funding for improvements, and for maintenance of the Tertiary System only if such
maintenance is the most effective and efficient means to resolve a Secondary System deficiency;
or when there is a specific health, safety and welfare concern regarding the Secondary System or
any Tertiary System.
The Resolution also recognizes that the public funding in the County Stormwater Utility should
not be used to fund problems with the tertiary system where such drainage problems are the
direct result of action of the developer, the Homeowner Association or the individual property
owner to alter their stormwater facilities approval when the property was developed. However,
the County or Water Management District might have the need to fund or provide the
proportional support for tertiary system improvements where action of the governmental entity
created or contributed to the deficiency. Rather than setting a preset proportionate funding for
Agenda Item t,o. 101
March 25, 2008
Page 3 of 15
tertiary improvements, each separate issue will be addressed by the Board, upon analysis by staff
and input by the affected property owners on the funding split, if any, based on contribution to
the deficiency.
FISCAL IMPACT: The Stormwater Utility funds will be used to improve and preserve the
Secondary Drainage System through maintenance and capital improvement projects receiving
the discharge from neighborhoods and roadside tertiary drainage systems. Funds will also be
used for administration of the NPDES Program. Funding for tertiary system improvements will
be detern1ined by the Board only after a detennination by staff of a public health, safety and
welfare concern and an analysis of the predevelopment responsibility for such deficiencies
between governmental entities and the developer, associations or private property owners.
GROWTH MANAGEMENT IMPACT: This resolution is consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Adopt the attached Resolution amending and clarifying the County's Stormwater
Funding, Operation and Management Policy.
2. Authorize the Chairman to execute same on behalf of the Board.
Prepared By: Margaret Bishop, P.E., Senior Project Manager, Stormwater Section,
Transportation Services Division
Attachments; (l) Resolution; (2) 2007 AUIR Facility Summary Fonn; (3) Current Funding
Policy Proportionate Fund Split
Page 1 of 2
Agenda Item No. 101
March 25, 2008
Page 4 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
101
Recommendation to adopt a Resolution of the Board of County Commissioners of Collier
County, Florida, to amend and clarify the Countys Stormwater Funding Policy: Funding of
Stormwater Management; Findings and Purpose; Capital and Operating Budget; Definitions;
and providing an effective date. (Norman Feder. Administrator, Transportation Services)
Meeting Date:
3/25/20089:0000 AM
Approved By
Caroline Soto
Administrative Assistant
Date
Transportation Services
Transportation Engineering and
Construction
3/11/20082:01 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/11/20085:04 PM
Approved By
Margaret A. Bishop
Project Manager
Date
Transportation Services
Stormwater Management
3/12/2008 8:21 AM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
3/12/200811:03 AM
Approved By
Gerald Kurtz
Senior Engineer
Date
Transportation Services
Storm water Management
3/12/20083:12 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
3/12/20083:36 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/17/20084:18 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
3/17/20084:51 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
3/18120086:55 AM
file://C;\Ae:endaTest\ExDort\ 1 03-March%2025.%202008\ 1 0.%20COI JNTY%20M AN AGE...
1/19/2008
Page 2 of 2
Agenda 1~2m NO.1 01
f\1arch 25, 2008
Page 5 of 15
Approved By
John A. Y onkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
3/18/200811:20 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/18/20087:13 PM
file://C:\AgendaTest\Export\ 1 03-March%2025. %202008\ 1 0.%20COUNTY%20MANAGE... 3/19/2008
Agenda Item NO.1 01
March 25, 2008
Page 6 of 15
ATTACHMENT #2
2007 AUIR FACILITY SUMMARY FORM
Facility Type: County Maintained Secondary Drainage Canals & Structures (Category A)
Level of Service Standard:
New Development (subsequent to January 1989) - 25 year, 3-day storm
Existing Rural Estates (prior to January 1989) - 10 year, 3-day storm
The County Stonnwater Department seeks to manage an important resource. As such, the Stormwater
Level of Service (LOS) reflects both Water Quality Treatment (acre-feet) for recharge and water
quality, as well as Flood Attenuation cubic feet per second (cfs) for flood control. Consistent with the
Growth Management Plan, this AUlR specifically addresses the four (4) projects in the Stormwater
Capital Improvement Element (CIE) in relation to both treatment and conveyance.
Beyond the specific required reporting for the AUIR, the entire system of Secondary Drainage Canals
and Structures is being assessed to determine acre-feet and cfs capacities. This will fully document the
capabilities of the Secondary System to treat and convey stormwater from the te11iary system to the
primary system, which is maintained and operated by the Big Cypress Basin. Information from the
Watershed Management Plans underway will indicate needs which, compared to the secondary system
capacities, will identify the location and nature of deficiencies and direct the addition of projects for
inclusion in future AUIR's and CIE's.
While a new stormwater funding policy needs to be brought to the Board, it is recommended that no
LOS be calculated for the tertiary system where the primary focus will be on maintenance by the Road
and Bridge Department. This parallels the process for roadway LOS for the major transportation
network that is modeled, but doesn't include local streets. As with transportation, it is proposed that
capital project investments of the Stormwater Program Funding (.15mil) be focused on the Secondary
Drainage Canals and Structures and the National Polutant Discharge Elimination System (NPDES).
Under such a funding policy strategy, capital project funds only would be spent on the tertiary system
where an improvement of tertiary system is shown as the most effective and efficient means to resolve
a Secondary System deficiency or where there is a specific health, safety and welfare concern (i.e.
flooding into homes) on the tertiary system. Again, this parallels the LOS and capital fund
expenditures for roadways. This AUIR provides the basis for Board direction on the development of
an updated Stormwater funding policy to be brought back for their approval.
Stormwater Improvement Budl!et FY 07-08 thrn FY 11-12
Capital Improvement Element (CIE)
Non-CIE Improvement Projects
Total Stormwater Improvement Budget
$ 74,253,580
$ 28,161.548
$102,415,128
The reporting for the four (4) CIE projects as provided for in the Growth Management Plan is as
follows. Attachments A and B are provided to cover the full Five-Year Work Program for Stonnwater
with the projects and revenues detailed, respectively.
Staff Recommendation:
That the BCC direct staff to include "Proposed cm FY07-08 to FYII-12" major projects and
studies as indicated on the spreadsheet footnote with existing and recommended revenues in
the next Annual cm Update and Amendment.
CCPC Recommendation:
Agenda Item NO.1 01
March 25, 2008
Page 7 of 15
The Planning Commission recommended approval of the County Roads component of the
2007 AUIR with the following changes and recommendations:
Update the summary form for Drainage Canals and Structures with the carry forward
financial information;
Correlate those values with exhibit "B" and "C";
Remove $7 million in federal grant funds in FYlO-ll and FYII-12 due to uncertainty of
securing those funds;
Extend out the Drainage program due to adjustment ofremoval of the federal funds,
Consider a way to account for the FEMA flood elevations when arriving upon a LOSS for
the County
The motion passed unanimously. The changes sought by the CCPC have been incorporated
within the 2007 AUIR.
Productivity Committee Recommendation:
The Productivity Committee will provide separate recommendations to the BCC for the 2007
AUIR at its October 31st, meeting. The recommendations will be provided to the BCC per a
separate distribution.
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Agenda Item NO.1 01
March 25, 2008
Page 10 of 15
ATTACHMENT #3
CURRENT STORMWATER FUNDING POLICY
PROPORTIONATE SHARES
Capital Proiects
Funding Split
Secondary System
1/3 County, 1/3 MSTU/BU, 1/3 Grants
Tertiary System
Yz County, Y2 MSTUIBU
Tidal Receiving Areas
Yz County, Yz Grants, MSTU/BU**
**MSTU/BU - After initial rehabilitation of the tidal areas, MSTU/BU's will be
responsible for operation and maintenance.
Agenda Item I~o. 101
March 25, 2008
Page 11 of 15
RESOLUTION NO. 2008-
A RESOLUTION 01' THE BOARD 01' COCNTY COMMISSIONERS 01'
COLLIER COUNTY, FLORIDA, AMENDING AND CLARIFYING THE
COUNTY'S STORMWATER FUNDING, OPERATION, AND MANAGEMENT
POLICY
\VHEREAS, Collier County is responsible for many public Secondary and
TCl1iary stormwater system facilities in unincorporated Collier County; and
\\lH EREAS, the effective management of the County's stormwatcr systems is to
provide drainage and flood protection for existing and future development, to minimize
degradation of the quality of receiving waters and surrounding natural areas, and to
promote groundv..'ater aquifer recharge areas; and
\VHEREAS, the Board recognizes the need to provide adequate levels of funding
to support management, planning, operation, construction, maintenance, repairs to and
replacements of the above-referenced storm\vater facilities, including compliance with
the Cmmty's ohligations regarding the I\ationa] Pol]utant Discharge Elimination System
(NPDES) Program; and
\VHEREAS, this Resolution is to amend and clarify the County's stonnwater
funding policy regarding management. planning, operation, construction, maintenance,
repairs to and replacements of the above-referenced County stormwater facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD 01' COUNTY
COMMISSIONERS 01' COLLIER COUNTY, FLORIDA, that:
Fundine of Stormwater Management
1. To the greatest extent authorized by law, all of the County's applicable officers
and employees are hereby directed that the dollar amounts of the County's ad ,...alorem tax
revenue dedicated to the County's Stonnvvater Utility v..'ill he deposited into Fund 325
and Fund 324. Definitions of terms are noted in Attachment "A" which is made a pari of
this Resolution.
2. The Stormwater Utility primarily funds the stormwater program designed to
improve the overall flood protection capability and water quality improvement capacity
of identified deficient sections ,vithin the existing secondary system of Collier County
3. Tertiary S)'stem projects are proposed only when determined by staff to be the
most cost effective and efficient means to resolve a Secondary System deficiency or
when the Board of County Commissioners decides there is a specific health, safety or
welfare concern regarding the Secondary System or Tertiary System. Additionally,
County Stormwater Utility funds cover expenditures necessary for compliance with the
County's "NPDES Phase]] MS4 General Pennit." Funus to pay for capital projects and
maintenance projects funded from Fund 325 shall be allocated in each budget adopted by
the Board of County Commissioners based on the Annua] Lpdate and Inventory Report
Agenda Item NO.1 01
March 25, 2008
Page 12 of 15
(AUIR). Such projects shall be primarily focused on the County's Secondary System and
be directed to increasing the cubic feet per second flow capacity for flood control and
acre feet storage for water quality and acquifer recharge.
4 Improvements to the secondary system will, in many cases, resolve the current
drainage problems within neighborhoods as the localized tertiary systems are able to
more effectively be conveyed to the primary system and outfalls with less backflow onto
neighborhood lands.
5. Public funding in the County Stormwater Utility should not be used to fund
problems with the tertiary system where such drainage problems are the direct result of
action of the developer, the Homeowner Association or the individual property owner to
alter their stormwater facilities approved when the property was developed. However,
the County or Water Management District might have the need to fund or provide the
proportional support for tertiary system improvements where action of the governmental
entity created or contributed to the deficiency. Rather than setting a preset proportionate
funding for tertiary improvements, each separate issue will be addressed by the Board,
upon analysis by staff and input by the affected property owners on the funding split, if
any, based on contribution to the deficiency.
Puroose ofFundinl! Policv
6. This stormwater funding policy is intended to meet the demands of Collier
County's rapid land development and population growth, and to promote, protect, and
improve the health, safety and welfare of individuals by safe, reliable and economical
administration, management, planning, construction, maintenance, repairs, replacements,
and operation of the County's Secondary Stormwater System; and to fund the County's
Tertiary Stonnwater Systems when needed to facilitate operation of the functionally
related County Secondary System.
7. Collier County Resolution No. 2005-115 provides for funding of "fund 325 - The
Stormwater Capital Improvement Fund," for implementation of the County's Stormwater
Capital Improvement Program, by depositing proceeds from 0.15 mills or the Board
approved dedicated millage of ad valorem tax revenues into Fund 325 until and including
Fiscal Year 2025.
8. This Resolution is consistent with the dictates of Ordinance No. 74-50, as
amended, "Water Resources Management" (Article II of Chapter 90 of the County's Code
of Laws and Ordinances); Article II of Chapter 62 of the Code of Law and Ordinances,
"Flood Damage Protection" (Ordinance No, 86-28, as amended); and the Land
Development Code, including Section 6.050.00 therein, "Water Management Systems
and Drainage Improvements Standards."
9. Collier County does not fund the Primary System ("primary watercourses")
because the Primary System is the responsibility of the Big Cypress Basin of the South
Florida Management District {"District") pursuant to an Agreement, dated October 30,
2000, between the County and that District, which also provides that the County shall be
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Agenda Item No. 101
March 25, 2008
Page 13 of 15
responsible for planning, operation, maintenance and capital improvements of all
secondary watercourses. County staff will continue to pursue partial funding from the
Big Cypress Basin for maintenance of the Secondary System as has been provided by the
Basin in the past.
10. When a tertiary stonnwater system issue warrants an improvement, a
determination will be made by stonnwater staff as to the issue's cause and responsibility.
Funding of such improvements will he based on the Board of County Commissioners
approval of a proportionate share contribution from parties deemed responsible, including
and not limited to a community, individuals, developers, property owners association, etc.
11. Money received from grants, developer ab'Tcements, Municipal Service Taxing
Units/Benefit Units (MSTU/BU), donations, and other funding sources can be expended
for all pillposes regarding the County's stormwater systems as authorized by the
respective budget approved by the Board of County Commissioners and as otberwise
permitted by law.
12. If any Fund(s) referenced in this Resolution is/are hereafter renumbered, the
renumbered successor in function Fund shall continue to be subject to this Resolution (as
if not renumbered).
Canital and Oneratine: Bude:et.
13. The Board shall adopt a Capital and Operating Budget not later than the first day
of each Fiscal Year. Each Budget shall specify the estimated revenues and estimated
costs for the above-referenced stormwater Funds. The Capital Budget may include
funding for general maintenance, specific maintenance projects, and specific stormwater
projects including specific major repairs, specific major replacements, and/or specific
System extensions.
THIS RESOLUTION is hereby adopted after motion, second, and majority vote
by the Board of Collier County Commissioners on this 15th day of March, 2008.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk
By:.__
Tom Henning, Chainmm
Approved as to form and legal sufficiency
By:
Scott R. Teach,
Managing Assistant County Attorney
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Agenda Item No. 101
March 25, 2008
Page 14 of 15
ATTACHMENT "A"
Definitions
"Capital Improvement" means a stonnwater project designed and constructed to
improve the stormwater Level of Service through the construction of stormwater facilities
including providing drainage and/or flood protection for existing and/or future
development, to minimize degradation of water quality of receiving waters and/or
sWTounding natmal areas, and/or promote natural groundwater aquifer recharge areas.
"Maintenance" means ordinary maintenance, including minor repairs and/or minor
replacements required to keep the respective Stormwater System or part(s) thereof in a
condition to function properly, or to prevent decline of pipes, culverts, canals, swales,
ditches, control structures, and other stonnwater facilities. The primary purpose of
maintenance is to keep the Stormwater Facility functioning in the manner as designed.
Improvements that increase the conveyance capacity or retention/detention capacity of
the Facility are capital Improvements.
"NPDES" - As used in this Resolution, NPDES is limited to the County's obligations
under its "National Pollutant Discharge Elimination System (NPDES) Phase II MS4
General Permit," which reb,'lJlates discharges of stormwater into surface waters of the
State of Florida from the County's Municipal Separate Stonn Sewer System ("MS4"). In
Collier County the MS4 includes the Secondary System, and Tertiary Systems including
County and State road drainage systems.
"Primary System" means the Stonnwater System that is neither the Secondary System
nor any Tertiary System The Primary System in unincorporated Collier County is
administered, managed and controlled under the jurisdiction of the Big Cypress Basin of
the South Florida Water Management District.
"Secondary System" means the system of canals, ditches, swales, outfalls and other
structures that are neither part of the Tertiary System nor part of the Primary System. The
Secondary System typically receives stonnwater from a Tertiary System or directly from
a neighborhood's drainage system, and conveys such water directly into the Primary
System watercourses or directly into a receiving water. The COLlllty'S Secondary System
is identified in a document created and up-dated from time to time by the staff of the
County's Stonnwater Department.
"Stormwater Facilities" means tangible assets, including, but not limited to, ponds,
pumps, pipes, culverts (including driveway culverts), inlets, weir control structures,
canals, ditches, swales, and other appwienant structures.
"Tertiary System" means, and is limited to, small systems that have relatively limited
conveyinglholding capacity, as follows: (a) Neighborhood drainage system that collects
stonnwater from the respective neighborhood and conveys that stormwater away from
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Agenda Item NO.1 Oi
March 25. 2008
Page 15 of 15
that neighhorhood into either the Secondary System, directly into the Primary System, or
directly into a receiving \vater; or (b) Public maintained roadside stormwater system,
including small roadside swales and retention/detention ponds, that provide stormwater
connectivity from public roadway surfaces into either the Secondary System, directly into
the Primary System, or directly into a receiving water.
5