Agenda 01/29/2008 Item #10D
Agenda Item No. 100
January 29, 2008
Page 1 of 19
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution of the Board of County Commissioners of Collier
County, Florida, to amend and clarify the County's Storm water Funding Policy; Funding of
Stormwater Management; Findings and Purpose; Capital and Operating Budget;
Definitions; superseding Board Resolution No. 2005-115; and providing an effective date.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to adopt a
Resolution to clarity 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 "Stormwater 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 service, and (iii) extension and replacement of the system.
(
On June 22, 2004, the Board of County Commissioners approved item lOG of the County
Managers 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 stormwater improvements from Collier County, Big Cypress Basin of the South Florida
Water Management District, Municipal Services Taxing Units (MSTUs) and other grants (See
Attachment 3).
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 stormwater
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 stormwater 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 No. 100
January 29, 2008
Page 2 of 19
On June 12, 2007 the Board of County Commissioners directed that a Consolidated StorrIlwater
Ordinance/Reso lution that clearly defines responsibility for constructing, operating and
maintaining stormwater facilities be brought back to the Board for consideration.
Collier County has more than 130 lineal miles of canals, 41 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.
Unfortunately, funding from the Big Cypress Basin, MSTUs and other grants 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.
Attached are two (2) Resolutions. Both seek to clarity that tax revenues generated by 0.15 mils
of 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 II MS4 General Permit and for planning and design of
stormwater projects for improvements and maintenance of the Secondary System. The
Resolution in Attachment #1 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 in Attachment #4 maintains the current proportionate share
for stormwater projects (Attachment #3) and would require the Board to pass the increased
millage in the Approved Budget to include the proceeds of approved Stormwater MSTU/BU's.
While greater funding will be realized under this second approach, there has been difficulty
mandating the formulation of MSTU/BU's, typically grant funding has only been available for
larger secondary projects, and, to protect current programs, the millage would need to be adopted
during budget development by superm:ljority vote to cover the proceeds of established
MSTU/BU's.
FISCAL IMPACT: Funding of the Stormwater Utility by 0.15 mils of ad valorem revenues
until Fiscal Year 2024-2025 represents an anticipated fiscal impact of approximately
$12,000,000 (Twelve Million Dollars) per fiscal year for the next seventeen fiscal years, until
and including Fiscal Year 2024-2025.
Agenda Item No. 100
January 29, 2008
Page 3 of 19
GROWTH MANAGEMENT IMPACT: These Resolutions are consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Adopt the Resolution in Attachment # I amending and claritying the County's
Stormwater Funding Policy; Funding of Stormwater Management; Findings and Purpose;
Capital and Operating Budget; Definitions; Superseding Board Resolution No. 2005-115;
and providing an effective date.
2. Authorize the Chairman to execute same on behalf of the Board.
OR
1. Maintain the current Funding Policy with proportionate funding shares, including the use
ofMSTU/BU's.
2. Set policy that will require the formulation of MSTU/BU's and the increase in General
Revenue taxes by increased millage in supermajority vote of each budget to include the
proceeds of approved MSTU/BU's.
3. Authorize the Chairman to execute same on behalf of the Board.
Prepared By: Eugene Calvert, P.E. - Director, Stormwater Management Department
Attachment: (I) Resolution for focus on Secondary System; (2) 2007 AUIR Facility Summary
Form; (3) Current Funding Policy Proportionate Fund Split; (4) Resolution for Superrnajority
Vote to expand millage for approved MSTU/BU's.
Page lof2
Agenda Item No. 100
January 29, 2008
Page 4 of 19
(
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
100
Item Summary:
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;
superseding Board Resolution No. 2005-115; and providing an effective date. (Norman
Feder, Transportation Services Administrator)
Meeting Dale:
1/29/200890000 AM
Prepared By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
1114/200810:29:49 AM
Approved By
Eugene Calvert
Principal Project Manager
Date
Transportations Services
Transportation Engineering and
Construction Management
1/14/200810:31 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Dale
Transportation Services
Transportation Services Admin.
1/14120084:16 PM
Approved By
Caroline Soto
Administrative Assistant
Date
Transportation Services
Transportation Engineering and
Construction
1/15/2008 9:45 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
1/15/200812:37 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
1/15/2008 1 :23 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
1/16/20089:32 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/17/2008 2:17 PM
Approved By
file:IIC:\Ag~ndaTest\Export\92-Januarv%2029 %202008\ I O.%20COI JNTY%?OMANAGK...
101L?OOR
Page 20f2
Agenda Item NO.1 00
January 29, 2008
Page 5 of 19
James V. Mudd
Board of County
Commissioners
County Manager
Dale
County Manager's Office
1/22/20087:09 PM
file:/LC'\AllendaTest\Exnort\99-Janllarv%2029 %202008\ 1 0.%20COI JNTY%?OM A NAClR.. li?1000R
Agenda Item No.1 aD
January 29, 2008
Page 6 of 19
ATTACHMENT #1
RESOLUTION NO. 2008-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO AMEND AND CLARIFY THE COUNTY'S
STORMWATER FUNDING POLICY; FUNDING OF STORMWATER
MANAGEMENT; FINDINGS AND PURPOSE; OPERATING BUDGET;
DEFINITIONS; SUPERSEDING BOARD RESOLUTION NUMBER 2005-115;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County is responsible for many Tertiary and Secondary
stormwater system facilities in unincorporated Collier County: and
WHEREAS, the effective management of the County's stormwater systems is to
provide drainage and fiood protection for existing and future development, to
minimize degradation of the quality of receiving waters and surrounding natural
areas, and to promote groundwater aquifer recharge areas; and
WHEREAS, 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 stormwater facilities, including
compliance with the County's obli9ations regarding the National Pollutant
Discharge Elimination System (NPDES) Program: and
WHEREAS, this Resolution is to amend and clarify the County's stormwater
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 OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Funding 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 valorem tax revenue received in Fiscal Year 2008 and for the next
seventeen years (resulting from applying in each fiscal year a millage rate of 0.15
mills), shall be dedicated to the County's Stormwater Utility by depositing these
revenues into Fund 325 and Fund 324.
2. Fund 325 funds (a) the stormwater planning and design of projects that
typically utilize services of professional consultants; (b) construction and
management of capital improvements to, and maintenance of, the County's
Secondary System; (c) capital improvements to, and maintenance of, the Tertiary
System where such Tertiary System project is determined by staff to be the most
cost effective and efficient means to resolve a Secondary System deficiency; or
(d) when the Board of County Commissioners decides there is a specific health,
r'genda Item No.1 aD
January 29,2008
Page 7 of 19
safety or welfare concern regarding the Secondary System or Tertiary System;
and (e) expenditures necessary for compliance ef with the County's "NPDES
Phase II MS4 General Permit." Funds 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 Annual Update
and Inventory Report (AUIR). Such projects shall be primarily focused on the
County's Secondary System and be directed to increasing the cubic feet per
second ftow capacity for flood control and acre feel slorage for water quality and
acquifer recharge.
3. Fund 324 funds the administration of the County's Stormwater
Department.
SECTION TWO. Findings and Purpose.
1 This Resoiulion specifies and implements the County's stormwater funding
policy 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 Stormwater Systems when needed to facilitate operation of the
functionally related County Secondary System.
2. 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 of ad valorem tax revenues into Fund 325 until and including Fiscal Year
2025.
3. This Resolution applies in combination with Ordinance No. 74-50, as
amended, "Water Resources Management" (Article II of Chapter 90 of the
County's Code of Laws and Ordinances); in combination with Article II of Chapter
62 of the Code of Law and Ordinances, "Flood Damage Protection" (Ordinance
No, 86-28, as amended): and in combination with the Land Development Code,
including Section 6.050.00 therein, "Water Management Systems and Drainage
Improvements Standards."
4. 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. That Agreement also
provides that the County shall be responsible for planning, operation,
maintenance and capital improvements of all secondary watercourses. The Big
Cyprus Basin has historically provided funds to partially fund the County's
maintenance of the Secondary System. Staff will continue to pursue such
funding from the Basin.
2
Agenda Item No. 100
January 29, 2008
Page 8 of 19
5. The Funds listed in this Resolution are necessary to meet the County's
stormwater needs. Adoption of various rates, fees, charges, fines, and penalties
may be necessary in the future to meet the County's stormwater needs.
6. Money received from grants, developer agreements, Municipal Service
Taxing Units/Benefit Units (MSTU/BU), donations, and other funding sources can
be expended for all purposes regarding the County's stormwater systems as
authorized by the respective budget approved by the Board of County
Commissioners.
7. 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
Resoiution (as if not renumbered).
SECTION THREE. Capital and Operating Budget.
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 Funds listed above in Section ONE. 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.
SECTION FOUR. Definitions.
"Capital improvement" means a stormwater project designed and constructed
to improve the stormwater Level of Service through the construction of
stormwater facilities including providing drainage and/or ftood protection for
existing and/or future development, to minimize degradation of water quality of
receiving waters and/or surrounding natural 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 stormwater
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 regulates discharges of stormwater Into
surface waters of the State of Florida from the County's Municipal Separate
Storm Sewer System ("MS4"). In Collier County the MS4 includes the
Secondary System, and Tertiary Systems including County and State road
drainage systems.
3
Agenda Item No. 10D
January 29, 2008
Page 9 of 19
"Primary System" means the Stormwater System that is neither the
Secondary System nor any Tertiary System. The Primary System in
unincorporated Collier County is administered, managed and controlied under
the jurisdiction of the Big Cypress Basin of the South Fiorida Water Management
District.
"Secondary System" means the system of canals, ditches, swaies, outfalls
and other structures that are neither part of the Tertiary System nor part of the
Primary System. The Secondary System typicaliy receives stormwater 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 County's Secondary System is identified in a document
created and up-dated from time to time by the staff of the County's Stormwater
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 appurtenant structures.
"Tertiary System" means, and is limited to, small systems that have relatively
limited conveying/holding capacity, as foliows: (a) Neighborhood drainage
system that coliects stormwater from the respective neighborhood and conveys
that stormwater away from that neighborhood into either the Secondary System,
directly into the Primary System, or directly into a receiving water: 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.
SECTION FIVE. This Resoiution supersedes Board Resolution Number 2005-
115.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this ~ day of January 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk
By:
, Chairman
Approved as to form and legal sufficiency
By:
Thomas C. Palmer,
Assistant County Attorney
4
Agenda Item No. 10D
January 29, 2008
Page 10 of 19
ATTACHMENT #2
2007 AUlR FACILITY SUMMARY FORM
Facility Type: County Maintained Secondary Drainage Canals & Structures (Category A)
Level of Scrvice Standard:
New Development (subsequeut to January 1989) - 25 year, 3-day storm
Existing Rural Estates (prior to January 1989) u 10 year, 3-day stonn
The County Stormwater Department seeks to manage an important resource. As such, the Stonnwater
Level of Service (LOS) reflects both Water Quality Trcatment (acre-feet) for recharge and water
quality, as well as Flood Attenuation cubic feet per second (cfs) for fiood 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 specitie required reporting for the AUIR, the entire system of Secondary Drainage Canals
and Structures is being assessed to detennine acre-feet and cfs capacities. This will fully document the
capabilities of the Secondary System to treat and convey stormwater from the tertiary system to the
primary system. which is maintained and operated by the Big Cypress Basin. Infomlation from the
Watershed Management Plans underway will indicate needs vvhich, compared to the secondary system
capacities, will identify the location and nature of deficiencies and direct the addition of projects for
inclusion in future AUlR's and ClE's.
While a new stormwater funding policy needs to be brought to the Board, it is recommended that no
LOS be caleu lated 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 deticiency 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 thru 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) ClE 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 CIE FY07-08 to FYII-12" major projects and
studies as indicated on the spreadsheet footnote with existing and recommended revenues in
the next Annual CIE Update and Amendment.
CCPC Recommendation:
Agenda Item No.1 00
January 29, 2008
Page 11 of 19
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-II and FY 11-12 due to uncertainty of
securing those funds;
Extend out the Drainage program due to adjustment of removal of the federal funds,
Consider a way to account f{)r the FEMA flood elevations when arriving upon a LOSS for
the County
The mot ion passed unanimously. The changes sought by the ccpe have been incorporated
within the 2007 AUlR.
Productivitv Committee Recommendation:
The Productivity Committee will provide separate recommendations to the BCC f{}J" the 2007
AUIR at its October 31st. meeting. The recommendations will he provided to the BCC per a
separate distribut ion.
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Agenda Item No. 10D
January 29, 2008
Page140f19
ATTACHMENT #3
CURRENT STORMWATER FUNDING POLICY
PROPORTIONATE SHARES
Capital Projects
Funding Split
Secondary System
1/3 County, 1/3 MSTU/BU, 1/3 Grants
Tertiary System
y, County. \/, MSTU/BU
Tidal Receiving Areas
y, County, ]/, Grants. MSTU/BU**
**MSTTJiBU ~~ After initial rehabilitatiolJ of the tidal areas. MSTU/BU's will he
responsiblc for operation and maintenance.
Agenda Item No. 100
January 29, 2008
Page 15 of 19
ATTACHMENT #4
RESOLUTION NO. 2008-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA. TO AMEND AND CLARIFY THE COUNTY'S
STORMWATER FUNDING POLICY; FUNDING OF STORMWATER
MANAGEMENT; FINDINGS AND PURPOSE; OPERATING BUDGET;
DEFINITIONS; SUPERSEDING BOARD RESOLUTION NUMBER 2005-115;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County is responsible for many Tertiary and Secondary
stormwater system facilities in unincorporated Collier County: and
WHEREAS, the effective management of the County's stormwater 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 groundwater aquifer recharge areas; and
WHEREAS, 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 stormwater facilities. including
compliance with the County's obligations regarding the National Pollutant
Discharge Elimination System (NPDES) Program: and
WHEREAS, this Resolution is to amend and clarify the County's stormwater
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 OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Funding 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 valorem tax revenue received in Fiscal Year 2008 and for the next
seventeen years (resulting from applying in each fiscal year a millage rate of 0.15
mills), shall be dedicated to the County's Stormwater Utility by depositing these
revenues into Fund 325 and Fund 324.
2. Fund 325 funds (a) the stormwater planning and design of projects that
typicaliy utiiize services of professional consultants; (b) construction and
management of capital improvements to, and maintenance of, the County's
Secondary System; or (c) capital improvements to, and maintenance of, the
Tertiary System: and (d) expenditures necessary for compliance with the
County's "NPDES Phase Ii MS4 General Permit." Funds to pay for capital
Agenda Item No. 100
January 29, 2008
Page 16 of 19
projects and maintenance projects funded from Fund 325 shall be allocated in
each budget adopted by the Board of County Commissioners based on the
Annual Update and Inventory Report (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.
3. Fund 324 funds the administration of the County's Stormwater
Department.
SECTION TWO. Findings and Purpose.
1. This Resolution speCifies and implements the County's stormwater funding
policy 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 Stormwater Systems when needed to facilitate operation of the
functionally related County Secondary System.
2. 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 of ad valorem tax revenues into Fund 325 until and including Fiscal Year
2025.
3. This Resolution applies in combination with Ordinance No. 74-50, as
amended, "Water Resources Management" (Article II of Chapter 90 of the
County's Code of Laws and Ordinances); in combination with Article II of Chapter
62 of the Code of Law and Ordinances, "Flood Damage Protection" (Ordinance
No, 86-28, as amended); and in combination with the Land Development Code,
including Section 6.050.00 therein, "Water Management Systems and Drainage
Improvements Standards."
4. 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. That Agreement also
provides that the County shall be responsible for planning, operation,
maintenance and capital improvements of all secondary watercourses. The Big
Cyprus Basin has historically provided funds to partially fund the County's
maintenance of the Secondary System. Staff will continue to pursue such
funding from the Basin.
5. The Funds listed in this Resolution are necessary to meet the County's
stormwater needs. Adoption of various rates, fees, charges, fines, and penalties
may be necessary in the future to meet the County's stormwater needs.
2
Agenda Item No. 10D
January 29, 2008
Page 17 of 19
6. Money received from grants, developer agreements, Municipal Service
Taxing Units/Benefit Units (MSTU/BU), donations, and other funding sources can
be expended for all purposes regarding the County's stormwater systems as
authorized by the respective budget approved by the Board of County
Commissioners.
7. 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).
SECTION THREE. Capital and Operating Budget.
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 Funds listed above in Section ONE. 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.
Generally. the cost of improvements to County stormwater facilities shall be
shared in accordance with the following:
Capital Proiects
Fundinq Split
Secondary System
1/3 County, 1/3 MSTU/BU, 1/3 Grants
Tertiary System
Y, County, Y, MSTU/BU
Tidal Receiving Areas
Y, County, Y, Grants, MSTU/BU**
"MSTU/BU - After initial rehabilitation of the tidal areas, MSTU/BU's will be
responsible for operation and maintenance. Rather than reducing the millage for
General Funds ad valorem, the Board of County Commissioners may by
supermajority vote increase the millage rate to include the MSTU/BU.
SECTION FOUR. Definitions.
"Capital Improvement" means a stormwater 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 deveiopment, to minimize degradation of water quality of
receiving waters and/or surrounding natural 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 stormwater
3
Agenda Item No. 10D
January 29, 2008
Page 18 of 19
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 regulates discharges of stormwater into
surface waters of the State of Florida from the County's Municipal Separate
Storm Sewer System ("'MS4"). In Coilier County the MS4 includes the
Secondary System, and Tertiary Systems including County and State road
drainage systems.
"Primary System" means the Stormwater 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 stormwater 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 County's Secondary System is identified in a document
created and up-dated from time to time by the staff of the County's Stormwater
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 appurtenant structures.
"Tertiary System" means, and is limited to, small systems that have relatively
limited conveying/holding capacity, as follows: (a) Neighborhood drainage
system that collects stormwater from the respective neighborhood and conveys
that stormwater away from that neighborhood Into either the Secondary System,
directly into the Primary System, or directly into a receiving water; 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.
SECTION FIVE. This Resolution supersedes Board Resolution Number 2005-
115.
4
Agenda Item No. 100
January 29, 2008
Page 19 of 19
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this _ day of January 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk
By:
, Chairman
Approved as to form and legal sufficiency
By:
Thomas C. Palmer,
Assistant County Attorney
5