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Agenda 09/27/2016 Item #11C 11.0 09/27/2016 EXECUTIVE SUMMARY Recommendation to accept an update on work completed to date and to seek Board approval to proceed with Phase II of the analysis of establishing a Stormwater Utility - an alternative user fee based funding source for ongoing and future Collier County Stormwater Management related initiatives and operations. (David S.Wilkison, P.E., Growth Management Department Head) OBJECTIVE: To perform an analysis for the establishment of a Stormwater Utility (SWU) as an alternate user fee based, dedicated funding source for continuation and advancement of Collier County's Stormwater Management Program and Level of Service(LOS)responsibilities. CONSIDERATIONS: The Board of County Commissioners (Board) directed staff to initiate an analysis of SWU development on November 3, 2015, during an Integrated Water Resources Management Strategy Workshop. The Board authorized staff to begin a SWU review and analysis on December 8, 2015, (Item 16.A.20), at a regular Board meeting. A notice to proceed was issued on April 19, 2016 for consultant Amec Foster Wheeler to begin work. A SWU is a programmatic approach that when administered provides a dedicated funding source that fairly distributes costs equitably among all users proportionate to the benefits received. Fourteen(14) of Florida's sixty-seven (67) counties have adopted and implemented SWUs to fund their respective stormwater management needs. Collier County is unique because it also has separate advalorem assessments for the operation and maintenance of the primary system and regional obligations through the Big Cypress Basin (BCB) and the South Florida Water Management District (SFWMD). These separate and distinct assessments are used for the contract operation and maintenance of the primary system, support from SFWMD, and future obligations relative to the Comprehensive Everglades Restoration Project(CERP). Current stormwater operations, maintenance, planning and capital activities for portions of the secondary and tertiary systems are funded by a General Fund transfer. Resolution 2010-137 allows revenue up to an equivalent rate of 0.15 mils to be transferred annually for such activities. The current equivalent funding level is approximately 0.08 mils. Stormwater management, operation and maintenance activities are executed through the Road Maintenance Division. Current funding levels cannot adequately support the rehabilitation of existing aging infrastructure and enhancements needed to improve flood control and water quality. Stormwater operations, maintenance, and capital programs benefit all property owners in Collier County. A significant portion of real estate is exempt from property taxes and do not contribute to these needs but still impact the system. A SWU treats all property owners equally and provides incentives for best management practices and enhanced water quantity and water quality improvements. Plainly stating, property owners that have enhanced water management systems would pay less. A SWU determines a user fee rate based on the amount of rainfall-generated stormwater runoff discharging from the property that subsequently enters the County's stormwater management system. Property value is not a factor in fee determination. Implementation also includes issuance of different types of fee credits based on type and age of development. Also taken under consideration are property features that reduce and/or treat runoff and improve stormwater runoff quality. County stormwater management responsibilities include present and future property flood protection; stormwater runoff water quality improvement prior to discharge into sensitive receiving waters; and I Packet Pa. 148 11.0 09/27/2016 natural area and aquifer recharge protection. In 1991 and 1992, the Board did consider establishment of a stormwater utility however, on January 5, 1993, at the conclusion of public input and Board discussion, the Board voted not to proceed with creating a countywide SWU. Recent Board-directed research of a SWU in Collier County includes the following attachments accompanying this Executive Summary: (1) Collier County's Stormwater Utility Establishment History; (2) a Stormwater Utility Overview and Potential Benefits for Collier County; and (3) a PowerPoint presentation that provides key SWU concepts, approaches/models, and other characteristics. FISCAL IMPACT: This work is a continuation of an existing work order with the consulting firm of Amec Foster Wheeler Environment and Infrastructure Inc., under the fixed term Architectural and Engineering Services Agreement, Contract No. 13-6164 in the amount of $98,359, managed through project number 51144, Stormwater Feasibility and Preliminary Design, Stormwater Capital Improvement Fund 325. The source of these funds is transfers from the General Fund (001) and Unincorporated Area General Fund(111). If the Board approves this recommendation, staff will move forward with Phase II of the analysis of designing and developing a Collier County SWU with options. Phase II will include developing a fee assessment methodology, completing a rate study, and conducting extensive public outreach. Staff projects 12 to 18 months to complete the analysis at an estimated cost of$250,000 to $300,000. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: Approval of this item is in accordance with the goals, objectives, and policies of all applicable sections of the Stormwater Management and the Conservation and Coastal Management elements of the Growth Management Plan. RECOMMENDATION: To direct the County Manager or his designee to proceed with Phase II of the Stormwater Utility and to bring back options for program specifications and an implementation plan. Prepared by: Gerald Kurtz, P.E., Principal Project Manager, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department ATTACHMENT(S) 1.Final History 1.2 Whitepaper 9.20.16 (PDF) 2.Final Overview 1.1 Whitepaper 9 20 16 (PDF) 3.final draft GS stonnwater utility PPT 9 20 16 (PPTX) I Packet Pg. 149 11.0 09/27/2016 COLLIER COUNTY Board of County Commissioners Item Number: 11.0 Item Summary: Recommendation to accept an update on work completed to date and to seek Board approval to proceed with Phase II of the analysis of establishing a Stormwater Utility - an alternative user fee based funding source for ongoing and future Collier County Stormwater Management related initiatives and operations. (David S. Wilkison,P.E., Growth Management Department Head) Meeting Date: 09/27/2016 Prepared by: Title: Senior Grants and Housing Coordinator—Capital Project Planning, Impact Fees, and Program Management Name: Gino Santabarbara 08/24/2016 9:49 AM Submitted by: Title: Division Director- IF, CPP&PM—Capital Project Planning,Impact Fees, and Program Management Name: Amy Patterson 08/24/2016 9:49 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/30/2016 2:10 PM Capital Project Planning,Impact Fees,and Program Management Amy Patterson Level 1 Sim.Reviewer 1-8Completed Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/15/2016 12:46 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/15/2016 4:46 PM Capital Project Planning,Impact Fees,and Program Management Gerald Kurtz Level 1 Sim.Reviewer 1-8Completed County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/16/2016 10:06 AM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/16/2016 10:11 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/21/2016 8:45 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM I Packet Pg.150 A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Prepared for Collier County Leadership A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper TABLE OF CONTENTS Table of Contents i Acronyms ii Summary iii INTRODUCTION 1 KEY EVENTS 1 On-Going Internal Drivers: CONTINUING GROWTH, URBAN DRAINAGE CHALLENGES AND PERIODIC FLOODING 2 2 Evolving External Driver: NPDES STORMWATER AND WASTEWATER PROGRAM PERMITS 3 3 SWU Initiative Number One: THE COLLIER COUNTY PHASE I STORMWATER MANAGEMENT MASTER PLAN 3 Identification of Stormwater Problems and Resource Needs 4 SWU Initiative Number Two: WATER MANAGEMENT PROGRAM ANALYSIS REPORT (WMPAR) 5 Stormwater Utility Concept Plan 5 SWU Initiative Number Three: ADOPTION OF A STORMWATER UTILITY ORDINANCE 7 6 SWU Initiative Number Four: DETAILED DEVELOPMENT OF MULTIPLE SPECIALIZED ASSESSMENTS 8 Stormwater Utility Development – Phase I 7 Evolving External Driver: ISSUANCE OF MUNICIPAL SEPARATE STORM SYSTEM PERMIT 9 8 An Abrupt Halt of the Stormwater Utility: CANCELLATION OF PHASE II SWU DEVELOPMENT ACTIVITIES 10 9 External Driver: ARRIVAL OF TMDL AND BMAP REQUIREMENTS 11 10 SWU Initiative Number Five: APPROVAL OF A DEDICATED STORMWATER MILLAGE FOR CIP PROJECTS 12 Alternative Stormwater Funding Approach 11 External Driver: EMERGENCE OF THE NUMERIC NUTRIENT CRITERIA (NNC) CRITERIA 13 12 SWU Initiative Number Six: STORMWATER UTILITY RATE STUDY 13 13 SWU Initiative Number Seven: COLLIER COUNTY WATERSHED MANAGEMENT PLAN 15 REFERENCE DOCUMENTS 18 A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper ACRONYMS BCB Big Cypress Basin Board BMAP Basin Management Action Plan BMP Best Management Practice BCC Collier County Board of County Commissioners CCWMP Collier County Watershed Management Plan CIP Capital Improvement Program CWA Clean Water Act DCA Department of Community Affairs ERU Equivalent Residential Unit or Equivalent Runoff Unit FDEP Florida Department of Environmental Protection GI Green Infrastructure GMP Growth Management Plan LID Low Impact Development M Million mil Taxation unit equal to $1 in tax for each $1,000 of valuation MS4 Municipal Separate Storm Sewer System NNC Numeric Nutrient Criteria NPDES National Pollutant Discharge Elimination System O&M Operations & Maintenance SFWMD South Florida Water Management District SMP Stormwater Master Plan SWU Stormwater Utility TMDL Total Maximum Daily Load USEPA United States Environmental Protection Agency WMPAR Water Management Program Analysis Report WOTUS Waters of the United States WQS Water Quality Standards WUS Water of the United States A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper SUMMARY Collier County has assessed stormwater needs and costs at several junctures since 1990. In each instance the identified needs were substantially greater than available funding. The stormwater utility initially proposed in 1990 and partially developed was shown to be a feasible solution that was capable of developing the required stable, predictable, and sustainable funding needed to resolve the identified problems. The implementation of an annual stormwater services assessment was dropped in 1993 due in part to the overall system charge formulation decisions, selected cost allocation methodology, and resulting public pushback. An alternate dedicated millage rate approach was subsequently implemented in 2004 using a millage rate of 0.15 mils and was intended as a twenty-year measure to provide increased stormwater funding for critical stormwater CIP project needs until a stormwater assessment could be developed and successfully implemented. The following White Paper summarizes the key events and provides useful information that will assist the County’s elected officials and senior management team in evaluating the potential opportunities and benefits to implementing a stormwater utility. A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 1 INTRODUCTION In the late 1980’s Collier County was struggling with a host of challenges in managing stormwater due to rapid urban growth, tropical storm events that caused periodic roadway and structure flooding, and seasonal thunderstorms causing frequent nuisance flooding. Programmatic challenges included a geographically limited drainage system with inadequate conveyance and attenuation capacities for existing runoff, pressing needs for expansion of the existing roadway network, and competition between the County departments for available infrastructure funding. The County began a journey in 1989 to identify stormwater management challenges, establish a proactive stormwater management program, construct needed stormwater infrastructure, and establish an adequate, stable, long-term funding mechanism to meet community needs. The following sections summarize the internal and external drivers, key decisions and actions that have influenced Collier County’s efforts to develop a sustainable, dedicated stormwater funding mechanism to meet long-term needs. The term “stormwater utility” is used in many communities to mean different things, but generally refers to one or more of the following five concepts: (i) A sustainable funding source that is dedicated to supporting stormwater management activities; (ii) The manager and staff who provide stormwater management services to the community; (iii) An organization within the Public Works or Transportation Department that specializes in managing stormwater; (iv) A collaboration of staff from multiple departments working together to provide collaborative stormwater services using the resources of many departments; or (v) A stand-alone self-funding utility. For purpose of clarity the following definitions are provided for terms that are used in this white paper:  Stormwater Management Program – The cumulative administrative, planning, engineering, design, construction, operations, maintenance, inspection, permitting and enforcement activities that manage stormwater within the unincorporated area of Collier County, including development and implementation of stormwater related CIP projects, to reduce flooding, improve water quality of receiving waters, comply with federal, state and local regulatory standards, and potentially reuse excess seasonal stormwaters to improve surface water recharge and improve the County’s natural systems.  Stormwater Utility – An internal fee-based source of funding that is used exclusively or in conjunction with other funding sources, to fund one or more of the activities of Collier County’s stormwater management program. A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 2 KEY EVENTS 1 Ongoing Internal Drivers: CONTINUING GROWTH, URBAN DRAINAGE CHALLENGES AND PERIODIC FLOODING Collier County, like many Florida counties in the 1980s, struggled to provide adequate drainage capacity to address recurring nuisance flooding caused by seasonal thunderstorms and periodic flooding of roads, yards and structures that occurred after significant rainfall events and tropical storms. These challenges were exacerbated by the increasing urban development in unincorporated areas, and expansion of existing roads and construction of new roadways to accommodate increasing traffic volumes. At the same time the State, through the Department of Community Affairs (DCA), was working to provide a consistent growth management strategy and establish minimum standards across Florida’s diverse communities. DCA’s Growth Management Plan (GMP) required Collier County to address existing stormwater management issues, identify the levels of service currently being provided, and identify existing deficiencies. DCA also required the County to develop a funded Capital Improvement Program that demonstrated adequate provision of funding to support the design and implementation of the stormwater management capital facilities necessary to meet current needs and address the foreseeable challenges of continuing growth. The existing flood control and drainage facilities in the unincorporated areas of Collier County are extensive. Overall planning, construction, operation and maintenance of the County’s stormwater drainage facilities were performed under multi-agency designated responsibilities.  Approximately 160 miles of the designated primary canals and their water control structures were managed by the Big Cypress Basin Board (BCB) of the South Florida Water Management District (SFWMD)  Collier County’s responsibilities included managing of waterways that include 80 miles of primary, 180 miles of secondary canals (roadside swales, internal drainage outlets, some tidal canal segments) within the county limits. Collier County’s limited stormwater management staff worked collaboratively with the BCB/SFWMD to upgrade culvert capacities, expand existing channel capacities, control aquatic growth in channels and rivers, and add/upgrade hydraulic control structures in an effort to keep pace with weed growth in natural and man-made facilities while also catching up with constantly expanding community demands for implementation of stormwater solutions. By most accounts, the County’s stormwater management efforts were falling short of Community needs. A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 3 2 Evolving External Driver: NPDES STORMWATER AND WASTEWATER PROGRAM PERMITS The United States Environmental Protection Agency (USEPA) implemented its National Pollutant Discharge Elimination System (NPDES) program, a key element of the Clean Water Act (CWA), in the 1970s. The NPDES program’s goal is the elimination of excessive pollutant loads discharged to Waters of the United States (WOTUS) which included all of the streams, rivers and lakes in Collier County. In the mid-1970s USEPA’s water quality regulatory actions were primarily focused on reducing the concentration of pollutants in receiving waters from sources such as combined sewer overflows, untreated industrial wastewaters and urban runoff discharges, and under-treated domestic wastewater discharges, with the long-term goal of eliminating the pollutant discharges in wastewater altogether. USEPA’s CWA water quality management regulations also contained provisions that required communities to develop, implement, and operate municipal stormwater systems that to reduce pollutant loads being directly or indirectly discharged to receiving waterbodies. However, the stormwater NPDES regulations were generally deferred until effective regulation of wastewater treatment plant discharges had been implemented and the Construction Grants Program was well under way in the mid-1980s. The Stormwater NPDES would not be rolled out until 1990. During the 1980s Collier County focused its resources on undertaking major wastewater capital improvement projects for collection, treatment and effluent disposal to upgrade and improve their existing wastewater systems in order to achieve and comply with EPA’s mandated new requirements and discharge performance standards. During this period the County provided continuing funding for drainage system maintenance and aquatic weed management. In the late 1980s the Board also approved special dedicated funding for the Pollution Control Department to begin collecting water quality data in anticipation of the eventual arrival of the evolving NPDES Stormwater requirements that would mandate that communities reduce the pollutant concentrations and annual loads discharged from their stormwater systems to federal and state receiving waterbodies. 3 SWU Initiative Number One: THE COLLIER COUNTY PHASE I STORMWATER MANAGEMENT MASTER PLAN Implementing a commitment in the County’s Growth Management Plan, in 1989 the Board of County Commissioners (BCC) authorized Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) to develop the County’s first Stormwater Master Plan (SMP) as a management tool for assisting elected officials, staff and developers in understanding the nature and significance of the stormwater challenges the rapidly growing community was facing and assess the funding needs that would be required in the near future. PBS&J provided a project team of multi-disciplinary professionals, led by Stephen R. Lienhart, PE, who worked closely with County stormwater management and environmental staff. This collaborative effort A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 4 focused on the key challenges facing the community, and subsequent development of a Stormwater Atlas, an analysis of stormwater infrastructure needs, potential conveyance solutions, and the development of a comprehensive Stormwater Management Master Plan.  Work Activities and Deliverables  Updated delineation of basin and sub-basin boundaries with proper hydrographic identification of existing rivers/streams and primary channels;  Mapping, inventory, and photographic documentation of existing conditions of urban and suburban stormwater conveyance and control facilities in unincorporated areas;  Identification of improvements needed for the secondary canals, all major structures and primary channels;  Preparation of the County’s first Stormwater Atlas;  Assessment of existing hydraulic conditions and determination of 1990 Levels of Service of the drainage facilities;  Development of planning level cost estimates for required existing drainage improvements;  Identification and prioritization of detailed basin study needs which included extensive field investigations, and development and application of hydrologic/hydraulic simulation models;  Updating of the Stormwater Division’s existing Stormwater Capital Improvements Plan;  Development of the Enhanced Maintenance Plan for improvement of the conveyance of primary channels and creeks, and improved functionality and capacity of existing control structures;  Defined a phased, multi-year Implementation Program to serve as an operating blueprint for County staff that included priorities, sequencing and scheduling for moving ahead; and  Development and execution of a limited Public Information Program that focused on imparting information to the community regarding current stormwater challenges and evolving regulatory programs.  Outcomes The capability of Collier County’s current stormwater management facilities to effectively manage, convey and treat the stormwater runoff generated in the unincorporated areas, when compared with the levels of service currently being achieved, and the target levels of services, indicated that the County must implement a significant, long-term program to upgrade its existing stormwater services to meet Community needs. Collier County’s stormwater management program is proposed to include the following key actions:  Adopt the Master Plan to direct and facilitate formulation of policy, process and program decisions;  Begin a program of continuing long-term planning to develop the creation of basin management plans to provide the detailed planning and design of the remedial facilities needed to solve existing and anticipated problems in each basin; A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 5  Utilize the Implementation Plan to organize the enhancement of existing programs, implementation of new programs, and support investments and budgeting;  Implement and annually update, prioritize and sequence the Stormwater CIP projects to reduce flooding and improve water quality in each basin and reduce annual pollutant discharges to the County’s receiving waters;  Integrate the regulation of stormwater with the regulation of development activities, water quality management programs and water supply initiatives;  Enhance the current Operations & Maintenance Program and Aquatic Weed Control Program to be able to maintain the hydraulic capacity of the existing and future facilities at or near their original design capacities or subsequently modified conveyance capacities;  Resolve institutional issues with other municipalities and agencies involved in the regulation and provision of stormwater management services in Collier County; and  Maintain the implemented Public Information Program to keep the public informed and develop/improve citizen support for the County’s stormwater management program.  End Point At the Stormwater Division’s request, PBS&J provided a scope, schedule and budget for developing a stormwater utility that would generate the funding necessary to meet the County’s stormwater needs through a combination of annual stormwater services charges using a non-ad valorem assessment of charges for specific stormwater services and improvements. The scope proposed developing a methodology approach that allocates annual SWU fees for all customers that:  Uses an ERU based on the average impervious area of a typical developed SFR parcel;  Calculates the number of ERUs for each parcel based on parcel acreage and land use category;  Determines each parcel’s gross annual charge using a uniform stormwater services rate; and  Provides for credits for on-site stormwater practices where appropriate. 4 SWU Initiative Number Two: WATER MANAGEMENT PROGRAM ANALYSIS REPORT (WMPAR) The number and cumulative cost of required stormwater basin studies and CIP projects presented in the Stormwater Master Plan identified the need for a comprehensive stormwater program, quantified the levels of infrastructure costs required and highlighted need for a sustainable and dedicated stormwater funding mechanism to enable the Stormwater Division to plan and meet the County’s long-term needs. In 1990 Collier County authorized the development of the Water Management Program Analysis Report (WMPAR) and an accompanying financial master plan with datasets required for the conceptualization of a stormwater utility that would be compatible with the County’s long-term stormwater funding needs. The Project Team consisted of a collaborative effort of Post, Buckley, Schuh & Jernigan, Inc. A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 6 (Prime) and Water Resource Associates, Inc. (Sub-consultant) whose President, Hector Cyre, is generally recognized as the “father” of stormwater utilities.  Activities and Deliverables The WMPAR Final Report provided Collier County with the following key items related to the firm’s proposed funding program:  Identification and analysis of the functional requirements of the County stormwater system to be addressed in the SWU which included both projected cost estimates and priorities;  Analysis of a variety of potential existing revenue sources for funding the County stormwater programs and pending NPDES permit compliance activities;  Definition of the Equivalent Runoff Unit (ERU) as the most equitable basis for assessing benefits of all parcels and subsequent calculation of the number of ERU’s in the unincorporated areas to serve as the basis for establishing SWU rates for the various alternatives being evaluated;  Development of a cost-of-services analysis to provide annual stormwater operations and CIP project costs for use in developing cost allocations;  Development of a rate structure analysis;  Use of a non-ad valorem assessment for billing of SWU fees and collection of payments; and  Public outreach and education activities during the WMPAR development period.  Working Assumptions and Conclusions  Analysis of all of the potential alternate funding sources available to the County concluded that only stormwater utility service charges had sufficient revenue generation capacity to be the primary means of financing the County’s future stormwater management operations and capital improvement needs.  As an adjunct to stormwater utility revenues, it was also recommended that stormwater services and permit fees also be used for funding the new stormwater program.  Recommendation of a non-ad valorem assessment as the preferable method to be used for billing, and collecting stormwater utility fees.  Proposed Solution Characteristics 1. Full implementation of the stormwater utility in Year 1. 2. Stormwater Utility fee amounts for parcels would be based on runoff expected to be generated by each parcel based on parcel size and land use characteristics. 3. Runoff volumes are to be expressed in terms of Equivalent Residential Units (ERUs) based on the runoff generated by a “typical” SFR detached residence. 4. Assignment of an appropriate number of ERUs to non-SFR detached parcels based on the impervious area of each parcel, calculated by their runoff coefficients for general land use types. A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 7 5. Annual stormwater costs are to be divided into three separate categories (combined costs of O&M services and basin engineering reports, capital costs, administrative costs,) and allocated as appropriate on a geo-spatial basis to Benefit Units, Basin Units and Neighborhood Units. 6. Use a common stormwater utility rate for all participating properties. 7. Use a non-ad valorem assessment for billing and collection of the annual stormwater fees.  Outcomes PBS&J, in association with Water Resource Associates, proposes a financial master plan based on the Stormwater Master Plan that established stormwater needs and priorities, defined and assessed alternative approaches for funding stormwater needs, and formulated a stormwater utility approach with equitably allocated costs to properties, and established rates that were reasonable to meet the established needs of the unincorporated areas of the County.  End Point The BCC accepted the proposed funding concepts, working assumptions and approaches, and moved forward with the guidance of a financial consultant to implement the stormwater utility. 5 SWU Initiative Number Three: ADOPTION OF THE STORMWATER UTILITY ORDINANCE The Board reaffirmed the Stormwater Utility as the funding source of choice for the County’s ongoing stormwater management activities on March 19, 1991 by adoption of the Stormwater Utility Ordinance No. 91-27, which:  Created the legal entity with responsibilities for the conservation, management, protection, control, use and enhancement of the County’s water resources, and the management, operation, maintenance and improvement of the County’s stormwater systems;  Allowed for the establishment of a stormwater utility fund;  Made provision for setting rates at a later date by resolution;  Defined one or more benefit areas;  Imposed stormwater fees on real properties located in the benefit areas;  Determined what portion of each assessment will be used for the costs of O&M, Extension and replacement of the stormwater system and payment of debt services (if any);  Imposed utility fees within benefit areas and set appropriate utility fee rates to meet needs;  Issued credits against assessments and stormwater utility fees based on stormwater management practices undertaken on private property that benefit the stormwater system;  Established the method of sending and collecting stormwater utility fees and assessments;  Utilized penalties and levy liens against private properties to collect outstanding payments; and A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 8  Made adjustments as appropriate to correct any errors in calculating fees and assessment values  Created a comprehensive Stormwater Management Utility Code. In the simplest terms the Ordinance’s intent was for the Stormwater Utility operate as a section of the then Storm Water Management Department within the Environmental Services Division. 6 SWU Initiative Number Four: DETAILED DEVELOPMENT OF MULTIPLE SPECIALIZED ASSESSMENTS In 1992 Collier County authorized David M. Griffith & Associates, Ltd. (DMG) to begin work on the Stormwater Management Program’s financial planning, the programmatic development of the stormwater utility’s components, generally described by County Staff as Stormwater Utility Development – Phase I. As this work progressed, the Project Team’s attorneys proposed a change from the enterprise structure using one service area to a special purpose assessment program with five benefit areas in the unincorporated areas of the County. The primary objective of this project was to develop a series of rates for stormwater charges that properly reflected the costs associated with the administration, operations and maintenance, and the Capital Improvements Program of the Collier County Stormwater Management Department.  Deliverables The DMG Final Report provided Collier County with detailed discussions of the following key considerations related to the firm’s proposed funding program:  Review of the project background;  Discussion of Stormwater Management Practices;  Summary of Stormwater Utility Project Objectives;  Discussion of fundamental legal issues and concerns related to using a special assessment;  Description of the apportionment methodology used for computing stormwater charges;  Definition and phased implementation of five separate funding level scenarios ranging from $1.22M to $4.42M in total annual expenditure and $1.12M to $4.23M (1991 Dollars) in SWU Assessment revenues; and  Rate analysis for the initial years of the special assessment program used five different funding scenarios to demonstrate the impact on annual rates from different formulation assumptions;  Working Assumptions and Conclusions  A SWU has a weakness in reaching unimproved properties if it relies on other municipal utilities (water, wastewater and solid waste) for billing and collecting SWU fees because it is rare that the other utilities serve the unimproved properties. A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 9  The inability to collect and enforce the collection of a SWU charge to improved property dictates the utilization of specialized assessments as the recommended billing and collection method based on the County’s decision to impose a charge on unimproved property.  Proposed Solution Characteristics 1. Proposed five individual defined geographic benefit units. 2. Phased implementation of the special assessment program across the five defined benefit units. 3. Inclusion of separate assessment fees for project components with no significant stormwater management benefits (ex. landscaping) to benefitted properties. 4. Special Assessment amounts for parcels would be based on runoff expected to be generated by each parcel based on parcel size and land use characteristics. 5. Runoff volumes are to be expressed in terms of Equivalent Residential Units (ERUs) based on the runoff generated by a “typical” SFR detached residence. 6. Assignment of the appropriate number of ERU for non-SFR detached units based on the impervious area of each parcel, calculated by runoff coefficients for general land use types. 7. Sharing the burden of managing the stormwater runoff of secondary roads by properties located within the areas served by the secondary roads. 8. Annual stormwater costs were to be divided into three separate categories (combined costs of O&M services and basin engineering reports, capital costs, administrative costs,) and allocated as appropriate on a geo-spatial basis to Benefit Units, Basin Units and Neighborhood Units. 9. Use of a common annual stormwater fee rate for all SWU customers. 10. Use of a non-ad valorem assessment for billing and collection of annual stormwater fees.  Outcome The BCC accepted the Phase I work, and requested that Staff work with the Board’s financial consultant, David M. Griffith and Associates, to prepare a Scope of services and negotiate a “fast track” critical path schedule and budget to implement the Phase II work tasks for implementation of the Stormwater Utility in Fiscal Year 1993/94. 7 Evolving External Driver: ISSUANCE OF MUNICIPAL SEPARATE STORM SYSTEM PERMIT With the Federal NPDES program’s issuance of stormwater regulations in 1990 and the start of Federal and State issuance of Municipal Separate Storm Sewer System (MS4) permits, water quality issues were added to the list of challenges facing Collier County. Both the United States Environmental Protection Agency (USEPA) and the Florida Department of Environmental Protection (FDEP) issued new requirements that directed Collier County to promptly initiate an aggressive program to evaluate, control and monitor the pollutant loads being discharged from their stormwater outfalls to WOTUS. A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 10 In 1992 USEPA and FDEP notified the County that they would have 18 months to submit their Part I MS4 permit application, which includes extensive data gathering and mapping of stormwater facilities and outfalls ≥ 36” in diameter no later than December 1994. The deadline for the Part II application, which includes development and implementation of new stormwater management and regulation programs, was December 1995. Staff’s preliminary estimates of the costs to prepare the Part I application using County staff were $75,000 and $250,000 for preparing the Part II application (both estimates in 1991 dollars). Upon completion of the Part 1 + Part 2 MS4 permitting process, Collier County received its MS4 Permit which contained requirements and conditions that made the County responsible for ongoing annual water quality sampling, stormwater regulatory programs, facilities construction, annual operation & maintenance activities for all necessary stormwater management facilities which would allow the County to reduce to the “maximum extent practicable” their annual pollutant loads discharged to WOTUS. The cost for the corrective actions, as estimated in the Stormwater Management Master Plan CIP Program, was approximately $80,000,000 over the anticipated 20 years of implementation. The MS4 Program added new program dimensions to the County’s stormwater program which included supplemental staffing needs, increased annual operating costs and significant additional CIP costs. Staff notified the County Manager and the BCC of the MS4 Permit’s new stormwater challenges and the long- term funding needs, and recommended that preliminary work needed to begin in short order to meet the permit’s imposed compliance deadlines. 8 An Abrupt Halt of the Stormwater Utility: CANCELLATION OF PHASE II SWU DEVELOPMENT ACTIVITIES The original intent of the BCC was to implement the Stormwater Utility Phase II in Fiscal Year 1993/94. To accomplish this objective, staff and the BCC’s financial consultant, David M. Griffith and Associates, Inc., worked collaboratively with County Staff to prepare a scope of services, negotiate a “fast track” critical path schedule and prepare an acceptable budget for achieving Phase II implementation, which was scheduled for presentation to the Board in April 1992. However, the Board deferred acting on the proposal in April, and again in September 1992 and eventually decided to continue the Stormwater Utility item after the November 17, 1992 Board Meeting. With the implementation schedule having already slipped, the BCC decided that since the project had already been delayed nine months that the Stormwater Utility could not be implemented in Fiscal Year 1993/94 as intended, given the legal requirements and implementation safeguards required to assure a successful program.  End Point During the subsequent Board meeting in January 1993 Commissioners conducted a public hearing to consider authorizing Staff to proceed with the implementation of the Stormwater Utility and adopting a A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 11 resolution of intent to use non-ad valorem assessment for billing and collection stormwater fees. After the Public hearing and subsequent discussion between the Commissioners regarding the complexity of the SWU and whether the SWU was actually “necessary at this time,” the Board decided not to proceed with the Stormwater Utility and directed Staff to:  Not proceed with Implementation of the Countywide Stormwater Utility Assessment program which would have implemented annual collection of stormwater service fees; and  Prepare an ordinance to Repeal Ordinance No. 91-27 that established the Stormwater Utility. Initiation of the Phase II SWU activities were stopped, but the Stormwater Utility Ordinance was never rescinded. 9 External Driver: ARRIVAL OF TMDL AND BMAP REQUIREMENTS After extensive discussions of the Federal Total Maximum Daily Load (TMDL) regulations between USEPA and FDEP, subsequent negotiations as to how the regulations could reasonably be applied in Florida’s waterbodies, and resolution of the ensuing litigation by the regulated municipal and private sector permittees, a new challenge emerged for Collier County. The end result of the TMDL collaboration and litigation, generally conducted in 2000-2004, was a significantly enhanced set of water quality regulations, implemented through Basin Management Action Plans (BMAPs) developed “collaboratively” between FDEP and MS4 Permittees, which would be enforced through Collier County’s MS4 permit. The TMDLs established the maximum allowable pollutant concentrations for Florida’s rivers, streams, estuaries, lakes and wetlands. Water quality assessments conducted in 2007-2008 by FDEP identified three waterbodies in Collier County that were impaired by excessive pollutant loading. FDEP staff developed TMDLs which were subsequently approved by the FDEP Secretary, added to Florida’s Water Quality Standards (WQS), and incorporated in the County’s MS4 Permit. Specific impairments included the Gordon River for Dissolved Oxygen, Wiggins Pass for Coliform bacteria and Lake Trafford for nutrients and un-ionized ammonia. The Basin Management Action Plans (BMAPs) have not been developed or promulgated to date. However, they will eventually evolve when FDEP staff translate the ambient water concentrations in the three waterbodies into excessive annual pollutant loads that need to be removed to meet the adopted WQS, and then allocate the required reductions to the municipal and private sector dischargers as prorata reductions to be achieved. The annual load reductions, once assigned to MS4 permittees, generally have to be achieved over two or three MS4 Permit cycles using one or more of the following:  Implementation of enhanced stormwater regulations for development and redevelopment activities which include the strategic implementation of common stormwater Best Management Practices (BMPs), low impact development (LID) and/or green infrastructure (GI) design practices; A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 12  Upgrading and enhancement of the treatment capabilities of existing County stormwater attenuation and treatment facilities;  Construction and operation of new County stormwater attenuation and treatment facilities;  Upgrading annual O&M practices and frequencies for County stormwater treatment facilities;  Recycling/reuse of stormwater for agricultural and/or suburban irrigation purposes; and  Public education activities. Collier County stormwater discharges much of its stormwater to WOTUS and Waters of the State, and is subject to the TMDL and BMAP requirements. Collectively, compliance with these regulations is expensive in terms of initial capital construction and annual O&M activities, and can be readily enforced by FDEP and USEPA. Fortunately, these ongoing costs are considered to be components of modern stormwater utilities, and are currently being either partially subsidized or fully funded by stormwater utility revenues in many communities throughout Florida and the United States. 10 SWU Initiative Five: APPROVAL OF A DEDICATED STORMWATER MILLAGE FOR CIP PROJECTS During the decade after the decision to stop the SWU development process (1994–2004) costs of the County’s annual stormwater management activities during the next decade for CIP projects, aquatic plant maintenance activities and NPDES regulatory compliance requirements continued to rise. In 1992 the estimated cost was $29.7M for the overall needs including capital and operating costs for the first five years of the Stormwater Management Program. In 2004 when this study was authorized by the Board the estimate was over $150M for the first five years. The stormwater funding levels during the decade were proving to be increasingly inadequate for the County’s ongoing stormwater management program and increasingly more expensive water quality activities related to the expanding NPDES program. Available General Fund revenues allocations for stormwater were in need of some form of supplementation to meet residential flooding needs and regulatory compliance mandates. Recognizing the growing need for adequate and predictable funding for stormwater management activities, the County Manager worked closely with the Stormwater staff to identify and prioritize the minimum levels of funding required in the upcoming years. Significant rainfall events and periodic rainfall produced additional pressure on Collier County to find more money for solving progressively worse stormwater needs. Analysis of foreseeable needs indicated that a dedicated millage rate of 0.15 mils would meet the County’s needs and priorities going forward.  Outcome On June 22, 2004 the BCC approved staff’s recommendation to establish a Stormwater Management Funding Policy with 0.15 mils of ad valorem dedicated solely to the funding stormwater CIP projects. This was conservatively expected to produce $7M annually for 20 years starting in FY 2006. BCC’s intention was for the funds to be used in conjunction with funding from the Big Cypress Basin, MSTU revenues and grants for capital projects, tertiary system swales and tidal receiving areas. A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 13  End Point The dedicated millage rate sustained stormwater management needs for a number of years but, during the post-2008 downturn in the economy, the funding levels were redefined by Resolution 2010-137 to reflect an annual funding of “up to 0.15 mils per year” and approved annual funding levels dropped significantly, not achieving the 0.15 mils goal in subsequent years. 11 New External Driver: EMERGENCE OF THE NUMERIC NUTRIENT CRITERIA USEPA’s most recent roll-out in the realm of water quality management is the Numeric Nutrient Criteria (NNC) program, which has emerged over a decade of work at multiple levels with early tentative approaches starting in 2001 and culminating in 2011 with adoption of the State’s Numeric Nutrient Criteria rules. The NNC regulations establish enforceable numerical standards that cover the vast majority of Florida’s freshwater streams, lakes, and springs, including Collier County’s major waterbodies. Currently, only wetlands (except for the Everglades Protection Area) and South Florida canals are not covered by numeric nutrient criteria. While the NNC are integrally related to USEPA’s TMDL program strategy they differ in that TMDLs focus on establishing the assimilative capacity of the water bodies expressed as pounds per year of a specific pollutant discharged to receiving waters, the NNC focus on the observed and simulated ambient concentration of the pollutants in the waters relative to their toxicity and impacts on the designated uses of the waterbodies. Violations of adopted NNC levels in the County’s fresh, brackish, estuarine and marine waters above allowable incident rates will require Collier County to undertake non-structural management practices and/or construction, operation and maintenance of facilities to intercept, attenuate and treat stormwaters and process waters in order to maintain ambient concentrations of pollutants of concern levels below the adopted NNC for the receiving waterbodies. In short, the NNC Program adds another challenge for Collier County’s stormwater management program to overcome, and represents another incremental funding need to be addressed. 12 SWU Initiative Number Six: STORMWATER UTILITY RATE STUDY In June 2004 the Board of County Commissioners authorized PBS&J to prepare a Stormwater Utility Rate Study to assist the County with developing a plan for meeting current and future financial obligations associated with implementation of the stormwater management project in the Capital Improvement Program, as well as the services and programs necessary to comply with the County’s Municipal Separate Storm Sewer System (MS4) permit. A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 14  Conclusions The Stormwater Utility Rate Study Report came to the following conclusions regarding funding stormwater services going forward:  While the Project Team understood the need to have a dedicated revenue source to fund stormwater activities in the short term, based on the anticipated capital improvement and expansion needs, ad valorem revenues would not be sufficient to fund operations and maintenance and capital expenses in the future.  Assessing a stormwater user fee, along with adoption of a financial plan, would provide a program that will protect the citizens of Collier County in an environmentally pro-active fashion and further protect the fiscal integrity of the County.  Recognizing that tourists, seasonal residents and out-of-state businesses benefit from the County’s providing stormwater services, considering that the State gives counties the authority to levy a Discretionary Sales Surtax under Section 212.055 of the Florida Statutes specifically to fund infrastructure, and given that in 2004, 57 of Florida’s 67 counties levied discretionary taxes in the amount of 0.5%-1.0% on sales, the project asked the question, “why should only the property owners in Collier County shoulder the burden of the costs to provides services that are utilized by so many others?”  Outcome The Rate Study report provided the following recommendations for the eventual, post-dedicated millage, stormwater utility funding choices:  Adopt an enabling resolution/ordinance that allows for the collection of non-ad valorem assessments levied within the unincorporated area of Collier County for the provision of stormwater management, with the levy applying to the entire county limits.  Establish a fund and reserve policy specific to the stormwater enterprise operations.  Upon completion of the Stormwater Management Plan, conduct a stormwater rate study to develop user rates for the unincorporated areas of the County to fund operations and maintenance and evaluate whether or not the rates should include a capital component to fund the expansion and replacement projects in the CIP.  Begin community outreach and education activities concerning the importance, value and needs of establishment of a stormwater utility and user fees which would serve to support the County’s planning initiatives.  Adopt a stormwater fee structure that charges users on a basis that is proportionate to the stormwater management benefits they receive to fairly distribute recoverable costs equitably amongst all users for purpose of future implementation of user rates.  End Point A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 15 The 2005 Stormwater Utility Rate Study is generally consistent with the cost allocation practices and assessment formulation decisions with many of Florida’s SWUs, and provides good insights for the Collier County’s consideration if/when the County elects to proceed with updating its SWU formulation and proceeding with a stormwater fee based methodology for generating the necessary stormwater program funding. 13 SWU Initiative Number Seven: COLLIER COUNTY WATERSHED MANAGEMENT PLAN Collier County hired Atkins (formerly PBS&J) in 2009 to update the Big Cypress Basin hydrologic /hydraulic model and develop the Collier County Watershed Management Plan (CCWMP) in order to satisfy a Growth Management Plan commitment to assess and protect the County’s water resources. Work focused on the review of existing reports and prior water resource modeling/assessment, modeling and evaluation of existing water resource conditions, identification of the impacts of 50+ years of development and drainage modifications in terms of surface water-groundwater flows, environmental impacts, results of current drainage systems, reduction of groundwater recharge, and impacts of surface water discharges on estuarine waters and ecosystems. Based on these assessments, the project team proposed development of structural and non-structural alternatives for the County’s use in restoration and mitigation of the identified problems. Other key deliverables and tools resulting from the execution of the CCWMP included:  Development and calibration of integrated surface/groundwater models;  Preparation of a comprehensive assessment of current stormwater conditions and in the Golden Gate watershed;  Update of current stormwater levels of service (LOS);  Evaluation of the characteristics and capacities of existing stormwater facilities and controls;  Development of recommendations for structural and nonstructural improvements;  Identification and prioritization of CIP projects with current cost estimates; and  Projection of long-term watershed funding needs.  Conclusions Urban development in Collier County and subsequent construction of major drainage canals for flood control have altered what were historically regional surface and groundwater patterns, resulting in multiple, artificially created watersheds that have reduced water quality, altered natural ecosystems, altered historic freshwater flows to estuaries, and reduced groundwater recharge. A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 16 The CCWMP provides a detailed and valuable analysis of existing conditions in the County with respect to changes from pre-development conditions and provides County-wide recommendations to reversing some of the adverse impacts of development on the County’s water resources and natural systems by:  Restoring historical water quantity and estuarine discharges;  Improving water quality within the watersheds and estuaries; and  Addressing flood control and water supply issues. Simulation results of the existing conditions model developed as part of this management plan and the natural systems model were used to evaluate historical changes and develop performance measures that were, in turn, used to quantify relative benefits anticipated from implementing proposed structural projects.  Outcome One of the initial results of the WMP’s comparison of historic vs. current hydrologic conditions was the identification four key areas of water resource concerns:  Excessive freshwater discharges from canals, including both stormwater runoff and groundwater discharges to County estuarine waters, especially to Naples Bay;  Pollutant loading associated with development may degrade ambient water quality conditions;  Inability of the existing drainage system to provide the desired level of flood protection; and  Aquifer impacts to excessive dewatering caused by canals reduce discharge to the surficial Management. Some of these concerns are being addressed by ongoing and completed restoration projects in the South Golden Gate Estates and Lake Trafford areas. The CCWMP’s evaluation results, as summarized in the draft plan, were extensively reviewed, discussed and commented upon at over 31 meetings including multiple Environmental Advisory Council and Collier County Planning Commission meetings and public workshops. Staff recommended to the BCC that the CCWMP be implemented utilizing existing staff and budget and the potential use of a stormwater utility revenues to provide near-term incentives for using LID development practices and long-term stormwater credits to off-set stormwater services fees. Potential structural BMP projects were ranked based on various criteria, including a detailed cost versus benefit analysis. Ten of the projects, requiring an estimated capital investment of approximately $24.5 Million (2011 dollars), were recommended for implementation. The top four structural projects recommended, in order of preferred implementation are:  Northern Golden Gate Estates Flow-way Restoration;  North Belle Meade Spreader Swale;  Henderson Creek Diversion; and  Corkscrew Regional Ecosystem Watershed Restoration. A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 17 Another outcome of the study was 12 focused recommendations for implementing nonstructural stormwater Best Management Practices (BMPs) to enhance current development practices. The proposed BMPs included incentives in terms of relaxation of some Land Development Code requirements to encourage LID components, and potential credits against future stormwater fees.  End Point The four key concerns and the 13 specific recommendations, being technically sound and well vetted within the community, provide a firm basis that can be used to guide future assessments and solution development efforts in developed watersheds in the County. These concerns and focused recommendations also assist Staff to avoid some of the same types of problems in newly developing areas as well as redevelopment efforts. The CCWMP, in and of itself, was not intended to be regulatory. The Plan’s recommended initiatives may lead to regulations and/or policies if supported through future vetting and approval of the BCC. However, the recommendations serve as a valuable guide for Staff in developing the resultant policy, program, ordinance and/or regulation for further consideration by the BCC. The CCWMP provides the County with up-to-date information that can be used in identifying initial incremental funding needs and subsequent adjustments in the relative priorities of stormwater CIP projects County-wide as well as in individual watersheds. Relative to the County’s ongoing consideration of full implementation of a stormwater utility, the WMP includes a recommendation to evaluate the effectiveness of a Fee-Based Stormwater Utility to create incentives to improve water quality treatment and surficial aquifer recharge. The stated intent was that “structure of the fees in a manner that would not increase the total (stormwater management) revenues but would reward users with effective (on-site stormwater) treatment systems.” Potential benefits that would be produced through the WMP’s incentivized activities would include increased groundwater recharge of the surficial aquifer, improved raw water supply availability and water quality, and reduction of groundwater discharge due to the canal network (surficial aquifer dewatering). A BRIEF HISTORY OF COLLIER COUNTY STORMWATER UTILITY DEVELOPMENT INITIATIVES A Stormwater Management White Paper Page 18 REFERENCE DOCUMENTS 1. Collier County Stormwater Management Program, Phase I Master Plan Final Report, Post, Buckley, Schuh & Jernigan, Inc., August 1990 2. Collier County Stormwater Management Program, Phase I Master Plan Final Report, Post, Buckley, Schuh & Jernigan, Inc., August 1990 3. Collier County Ordinances, Stormwater Utility Ordinance, Ordinance 91-27, March 19, 1991 4. Collier County Stormwater Management Program, Phase I Services Final Report, David M. Griffith & Associates, LTD et al, February 1992 5. Collier County Stormwater Utility Program, Board of County Commissioners Briefing Documents, Collier County Water Management Department, December 15, 1992 6. Collier County Board of County Commissioners, Meeting Minutes, Item # 8G1 Authorization to Proceed with Implementation of Phase II of the Stormwater Utility Assessment Program, March 1, 1993 7. Stormwater Utility Rate Study Report, Post, Buckley, Schuh & Jernigan, Inc., January 2005 8. Collier County Watershed Management Plan, Final Report, Atkins Inc., December, 2011 9. Collier County Board of County Commissioners, Briefing Documents, Collier County Water Management Plan Executive Summary, December 13, 2011 f:\~amec-fw\collier swu phase i\task 1-2\wp 1.2 revised document - ver3.docx STORMWATER UTILITY OVERVIEW AND POTENTIAL BENEFITS FOR COLLIER COUNTY A Stormwater Management White Paper Prepared for Collier County Leadership STORMWATER UTILITY OVERVIEW AND POTENTIAL BENEFITS FOR COLLIER COUNTY A Stormwater Management White Paper TABLE OF CONTENTS Table of Contents i Acronyms ii Summary iii INTRODUCTION 1 1 What Municipalities Mean When They Say “Stormwater Utility” 3  Common Utility Elements 3 2 How a SWU Can Be Developed to Meet Specific Community Needs 5  Develop a List of Perceived Community Stormwater Management Needs and Priorities 5  Develop a Ten-Year Strategic Stormwater Plan for Collier County 6  Identify Potential Linkages in Priority Projects, New Program Elements and Budgets Between the Stormwater Needs Inventory and the Ten Year Strategic Stormwater Plan 6  Adjust SWU Activity and Funding Levels to Meet Community Need 6 3 How SWUs Generate Stormwater Revenues 7  Legal Basis for Charging for Stormwater Services 7  Stormwater Management Benefits 8  Generating Stormwater Revenues 9 4 Activities That SWU Revenues Can Fund 12  Initial Considerations 12  Core Stormwater Management Activities 13  Ancillary Stormwater Management Activities 16  Initial Decisions in Stormwater Utility Development 17 5 Long-Term Benefits that Have Accrued to Other Florida Communities 17  Benefits are a Matter Perspective 17  Categorical Summary of Long-Term Benefits 19 6 How a SWU Can Help Collier County Meet Current and Long-term Stormwater Management Requirements and Other Related Obligations 20  Meeting Current Obligations 21  Other Related Obligations and Opportunities 21  Integrated Water Resources Management 22  Integrated Water Resources Opportunities 22  Implement a Systematic Stormwater Management Improvement Process 26  Initial Choices 26 STORMWATER UTILITY OVERVIEW AND POTENTIAL BENEFITS FOR COLLIER COUNTY A Stormwater Management White Paper ACRONYMS BCB Big Cypress Basin Board BMAP Basin Management Action Plan BMP Best Management Practice BCC Collier County Board of County Commissioners CIP Capital Improvement Program CWA Clean Water Act ERP Environmental Resource Permit ERU Equivalent Residential Unit or Equivalent Runoff Unit FDEP Florida Department of Environmental Protection GI Green Infrastructure LID Low Impact Development M Million mil Taxation unit equal to $1 in tax for each $1,000 of valuation MS4 Municipal Separate Storm Sewer System, NPDES National Pollutant Discharge Elimination System NNC Numeric Nutrient Criteria O&M Operations & Maintenance SFWMD South Florida Water Management District SMP Stormwater Master Plan SWU Stormwater Utility TMDL Total Maximum Daily Load USEPA United States Environmental Protection Agency WUS Water of the United States WMPAR Water Management Program Analysis Report STORMWATER UTILITY OVERVIEW AND POTENTIAL BENEFITS FOR COLLIER COUNTY A Stormwater Management White Paper SUMMARY The Stormwater Utility (SWU) concept has gained ground throughout the country since it was introduced in the 1980s, a fact that is easily demonstrated by the implementation of over 150 SWUs in Florida and well over 1,000 SWU’s in the United States. The allure of a SWU is its ability to generate dedicated funds through reasonable non-ad valorem annual stormwater service fees that are insulated fluctuations in the economy, and can be readily used to directly support flood control, drainage enhancement, channel bank erosion, sedimentation, in-ditch vegetation growth control, water quality improvement and compliance with stormwater regulatory programs. Additionally, SWUs can also be creatively used to indirectly support water supply environmental systems protection objectives and related integrated water management needs of communities. Funding these activities, which are projected to continue to increase due to growth in the unincorporated areas and developing regulatory programs, can significantly extend the uses and benefits provided by of annual tax-based revenues. This White Paper addresses the most common questions asked by communities considering undertaking the development and implementation of a stormwater utility to provide funding for their Stormwater Management programs including:  What is a stormwater utility?  How can a utility be developed to meet our community’s needs?  How do we use a stormwater utility to generate the revenues we need?  Can a utility address our unique problems?  What can we fund with our stormwater utility revenues?  What sustainable benefits can we expect receive from a SWU?  How can a stormwater utility meet our long-term stormwater needs and, hopefully, help with our other related responsibilities? This white paper provides straightforward and useful information that will assist the County’s elected officials and senior management team in evaluating the potential opportunities and benefits to be had in using a stormwater utility to:  Reduce the use of General Fund revenues for stormwater management programs and activities;  Provide revenue diversification using fair and equitable stormwater fees to free up millage dollars;  Produce significant funding and integrate with other Community needs; and  Provide a stable, flexible and resilient long-term funding source with substantial flexibility 1 | P a g e STORMWATER UTILITY OVERVIEW AND POTENTIAL BENEFITS FOR COLLIER COUNTY A Stormwater Management White Paper INTRODUCTION The nature of stormwater management has changed dramatically since the first stormwater utilities (SWUs) were formed in the 1980s. Historically, stormwater management programs typically involved ‘ditch and drain’ projects with a singular objective (flooding) that focused generally on water quantity control issues. In many cases, funding limitations precluded consideration of water quality treatment aspects of stormwater management. Local environmental quality concerns played a role in the scope expansion of some stormwater utilities, perhaps most notably in Bellevue, Washington, where citizen concerns over the reduction of seasonal salmon runs and spawning in local creeks led to the creation of the first stormwater utility. During this decade Integrated Watershed Management practices with multiple water resources objectives had to rise to prominence. The SWU concept has gained ground throughout the country since then. The popularity of Stormwater Utilities is easily demonstrated by the facts that Florida now has over 150 SWU and over 1,000 SWU have been developed in the United States to support stormwater management, water quality, water supply and environmental systems protection objectives of American counties, cities and smaller municipalities. However, in the early days of stormwater utilities the predominant concerns in most Florida communities were flooding, channel bank erosion, sedimentation, and management of in-ditch vegetation growth. Over the ensuing years most of the communities with stormwater utilities have asked, and subsequently answered, the following key questions:  What is a stormwater utility?  How can a utility be developed to meet our needs?  How do we generate the revenues we need?  Can a utility address our unique problems?  What can we fund with our stormwater utility revenues?  What sustainable benefits can we expect receive from a SWU?  How can a stormwater utility meet our long-term stormwater needs and, hopefully, help with our other related responsibilities? The whats, whens, whys and hows of a stormwater utility raise a lot of seemingly simple questions, that need to be carefully considered, but don’t have short answers. This white paper focuses on providing straight-forward answers to the six most important questions for most communities considering implementing a stormwater utility to help solve their long-term stormwater management needs. Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 2 The term “stormwater utility” is used in many communities to mean different things, but generally refers to one or more of the following five concepts: (i) A sustainable funding source that is dedicated to supporting stormwater management activities; (ii) The manager and staff who provide stormwater management services to the community; (iii) An organization entity within the Public Works or Transportation Department that specializes in managing stormwater; (iv) A collaboration of staff from multiple departments working together to provide collaborative stormwater services using the resources of many departments; or (v) A stand-alone self-funding utility. In Florida a stormwater utility is often a dedicated financing mechanism, a stormwater management program and an organizational entity. For purpose of clarity the following definitions are provided this white paper: 1. Stormwater Management Program – The cumulative administrative, planning, engineering, design, construction, operations, maintenance, inspection, permitting and enforcement activities that manage stormwater within the unincorporated area of Collier County, including development and implementation of stormwater related CIP projects, to reduce flooding, improve water quality of receiving waters, comply with federal, state and local regulatory standards, and potentially reuse excess seasonal stormwaters to improve surface water recharge and improve the County’s natural systems. 2. Stormwater Utility – An internal fee-based source of funding that is used exclusively or in conjunction with other funding sources, to fund one or more of the activities of Collier County’s stormwater management program. 3. Organizational Entity – The formal organization structure, combined with the leadership, mix and distribution of administrative responsibilities, internal staffing roles and reporting structure, generally define the organizational entity that drives the stormwater utility. This technical memorandum discusses six key stormwater utility topics which are essential in defining a community’s stormwater utility, establishing its focus and capabilities, selecting its common stormwater management operations and activities, and shaping the benefits it delivers over time to the community. The discussion of the six key issues also describes how a stormwater utility can help Collier County meet current and long-term stormwater management requirements and other related obligations. Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 3 1 What Municipalities Mean When They Say “Stormwater Utility” The term “stormwater utility” is used in many counties and cities with successful stormwater management programs when they refer to their chosen stormwater management approach, yet the meaning of the term varies widely within these communities. Unfortunately, the term “stormwater utility” is used interchangeably for a wide variety of programs that have different objectives, organizational structures, and types of funding sources. Like potable water, wastewater and solid waste utilities, stormwater utilities have evolved to serve critically important needs of their communities.  Common Stormwater Utility Elements Regardless of how a community uses the term stormwater Utility their SWU generally has a minimum of three of the following elements:  Stormwater Management Program – Most stormwater utilities that have been established for 15+ years were initially founded for the singular mission of improving drainage and conveyance in order to reduce flooding. More recently, SWUs have expanded their mission and objectives to include additional activities which have been demonstrated to be consistent with effective management of stormwater runoff including water quality management, infrastructure sustainability, implementation of new facilities, environmental systems improvements, habitat restoration, groundwater recharge, and augmentation of secondary water systems. Consequently, their programs generally have incorporated the following new components:  Drainage and Flood Control for conveying stormwater runoff throughout the community, controlling its velocity and flow rates, and eliminating/reducing localized flooding problems;  Water Quality Management to improve ambient water quality, identify and eliminate illicit discharges and monitor flows and ambient conditions;  Regulatory Compliance addressing their MS4 permit conditions and maintaining compliance with TMDL, BMAPs and NNC requirements, and coordinating with SFWMD when necessary on enforcement of ERP requirements for development and redevelopment activities ;  Operations & Management of existing stormwater facilities including basic cleaning, repair, restoration and replacement; and  Capital Improvement Projects for construction of new infrastructure or expansion of existing conveyance, attenuation, treatment, reuse and proper discharge of community stormwaters. Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 4  An Organizational Entity – The organization, management responsibilities, working structure and the reporting relationships that direct the individuals who lead, manage, oversee and staff the daily work comprise the organizational structure that deliver stormwater services to the community. This structure varies widely based on the nature of the stormwater program's goals, municipal government mandates and choices in the integrated/shared vs. stand- alone/dedicated staffing philosophical continuum. Consider the follow forms of stormwater organizational structures that have been developed in the last three decades in Florida:  A Division of a Larger Department of Local Government – In this alternative the stormwater management unit operates as a division of the Public Works Department (or the wastewater utility or other department) and reports to the Public Works Director. Currently 98 Florida communities use this organizational structure.  A Separate Department of Local Government – In this alternative the stormwater management unit operates as an independent department and reports to the City or County Manager. Currently 22 Florida communities use this organizational structure.  An Authority or District Separate from Local Government – In this alternative the stormwater management unit operates as an authority or a district that is independent from the local government(s) and coordinates with the City or County Manager on a peer level. Currently 4 Florida communities have adopted this structure.  A Multi-Disciplinary Management Team – In this alternative a unit manager designated by the County or City Manager leads a multidisciplinary team of managers from other departments who collectively manage the Staff from their departments (streets, drainage, engineering, parks, code compliance, etc.) in jointly providing the necessary annual stormwater services to the community. Smaller communities in Florida often use this organizational structure as a means of sharing skills and controlling staff levels. Each of these organizational alternatives has strengths and weaknesses that must be carefully considered before proceeding. Large to medium Florida counties generally opt for one of the first two alternatives and smaller counties tend to choose either the first or last alternative.  Financing Mechanism – The stormwater utility is a dedicated funding source that can be crafted to support one or all of the stormwater management programs activities. Most stormwater utilities are designed to provide the majority of the required stormwater funding for annual stormwater operations, thereby offsetting some or all of the existing stormwater funding sources for other purposes in the annual budget. Revenues generated by stormwater utilities gradually increase as communities grow and stormwater needs increase. Periodic revenue jumps related to growth/development spurts and rate increases are occasionally necessitated by additional responsibilities and annual inflation of unit costs. Florida Stormwater Association’s 2016 Stormwater Utilities Survey provides the following insights into the adequacy of SWU funding for Florida’s stormwater programs:  Average reported annual ERU rate in 02015 was $78.84/year or $6.57/month;  Average generated revenue for all reporting SWUs was $3,661,411 per year; Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 5  82% of the Utilities use SWU revenues for funding their annual operating budget;  44% of the Utilities use SWU revenues for funding stormwater CIP construction;  SWU revenues were reported to meet most Capital Improvement Program needs by 23% of the surveyed SWU and all of the needs by 10% of the surveyed SWUs;  SWU revenues were reported to meet most O&M program needs by 41% of the surveyed SWU and all of the needs by 25% of the surveyed SWUs; and  98% of the utilities charge the same rates in all watersheds and benefit areas. These indicators demonstrate that in Florida, stormwater utilities, whether used exclusively or in conjunction with other funding sources, is a powerful and sustainable financial tool for helping communities achieve their stormwater goals on a long-term basis.  Supplemental Funding Sources – Many communities used revenues from a variety of available state, regional and internal/local sources to fund their stormwater programs prior to their implementation of a stormwater utility. These sources have included:  General Fund revenues;  Community Infrastructure Trust (CIT) funds;  State grants, cost sharing agreements and low interest loans;  Water Management District grants and cost sharing agreements;  Gas and road tax revenues; and  Commercial loans and bonds. The decision of which funds might be included to supplement a SWU are generally governed by legal constraints on the specific uses of funds and the budgetary strategies and commitments of the community with respect to other programs and needs. 2 How a SWU Can Be Developed to Meet Specific Community Needs The proven approach for ensuring that a SWU meets specific community needs, and demands, generally has several process steps including:  Develop a List of Perceived Community Stormwater Management Needs and Priorities  Direct Staff to prepare an Inventory of Stormwater Needs that identifies specific planning, engineering, regulatory, operations, maintenance, infrastructure and inspection needs that include the location of each need, a relative priority rating, budget and an estimated date for when the identified need will be required to be operational.  Meet with the CM and senior staff, present the proposed Inventory of Stormwater Needs for consideration Make adjustments in the Inventory of Stormwater Needs as directed by CM Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 6  Meet with representatives of the Community to solicit public input and discuss the Inventory of Stormwater Needs, and ask the representatives to provide written review comments and suggestions including their relative priorities for all identified needs.  Make adjustments in proposed Inventory of Stormwater Needs as suggested and send copies of the finalized list of needs with appropriate caveats regarding timing, staff capacity and available funding to all involved parties.  Develop a Ten-Year Strategic Stormwater Plan for Collier County  Direct staff to prepare a Ten-Year Strategic Stormwater Plan to serve as a blueprint for Stormwater Management in Collier County going forward that incorporates current stormwater management program activities and add new program elements, projects and activities to meet the County’s existing stormwater goals during the next decade.  Meet with the CM and senior staff, present the draft Ten-Year Strategic Stormwater Plan and its projected budget, and ask the CM and senior staff to provide written review comments and suggestions for improving the acceptability of the plan and budget.  Clear Roadmap  Long term and short term goals  Review input from the CM and senior staff and determine how to address management’s issues and concerns  Request a follow-up meeting with the CM and senior staff to discuss proposed changes and adjustments.  Identify Potential Linkages in Priority Projects, New Program Elements and Budgets Between the Stormwater Needs Inventory and the Ten Year Strategic Stormwater Plan  Identify which of the potential linkages between Community Needs and near future Stormwater Management plans meet one or more of the following criteria:  Currently supported and adopted ordinances and budgets;  Likely to be supported in the next 5 years (years 1-5) and are programmatic consistent;  Likely to be supported in the following five years (years 6-10) and are expected to be programmatic consistent;  Are required by pending or evolving USEPA or FDEP/WMD regulatory requirements  Rank the potential linkages in terms of their priorities and required operational dates, and include estimated land acquisition, construction and staffing costs.  Identify the project and activity confluences and linkages between the Stormwater Needs Inventory and the Ten-Year Strategic Stormwater Management  Adjust SWU Activity and Funding Levels to Meet Community Needs  Prepare a summary matrix of estimated annual line funding required over the 10-year duration of the Strategic Stormwater Plan for each CIP project or stormwater management activity. Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 7  Existing stormwater program element, activity and CIP Project  New stormwater element, activity and CIP Project  Enhancement of existing stormwater element, activity and CIP Project  Calculate the total annual funding requirement for each of the preceding categories If these steps are followed Collier County will know what needs to be done, why it is important, how much it will likely cost, and in what order to proceed with doing the approved work items. These answers also provide excellent answers to the Public’s questions and provides a sound basis for projecting stormwater utility annual revenue generation requirements and developing long-term financial plans. 3 How SWUs Generate Stormwater Revenues Historically, the primary source of funding for all stormwater management activities within Collier County has been derived from legally available revenues through the County’s General Fund and the resultant stormwater related expenditures by the Stormwater Management, Public Works and Growth Management. The program also derives some revenues through cooperative funding agreements from BCB/SFWMD, and other occasional funding from State/Federal grant opportunities the Road Maintenance Department.  Legal Basis for Charging for Stormwater Services Recognizing the importance of adequate stormwater management systems to the health, safety and welfare of the citizens, Florida’s legislature has provided counties and cities three important stormwater funding authorities under Section 403.0893, Florida Statutes:  Subsection (1) authorizes the creation of one or more stormwater utilities and the ability to adopt stormwater utility fees that are sufficient to plan, construct, operate and maintain stormwater systems set out in their required local stormwater management programs.  Subsection (2) authorizes local governments to set aside a continuing revenue source, from general taxation or other sources that is sufficient to plan, construct, operate and maintain their system(s); and  Subsection (3) authorizes Cities and counties to create stormwater management system benefit areas and subareas within which all property owners may be assessed a per acreage fee related to the benefits of the stormwater system, and provides for counties or cities to use the non-ad valorem method prescribed in Chapter 197, Florida Statutes for the levy, collection and enforcement of stormwater fees. Florida law holds that stormwater services and improvements should possess a logical relationship to the use and enjoyment of, relieve a burden created by and provide a special benefit to Developed Property by treating and controlling Stormwater generated and subsequently contaminated by improvements constructed on Developed Property which resulted in the alteration of such property Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 8 from its natural state. Litigation has established the precedent that a user fee is lawful if it is imposed in proportion to the capital and operational costs attributable to the customer impact Florida law allows communities to charge property owners for the benefits that they enjoy from the services provided to their properties. The special benefits conveyed to developed property by Stormwater Management Services includes but is not limited to:  The proper and safe collection, storage, control, management and conveyance and proper discharge of the Stormwater burden generated by the Development of Developed Property;  Alleviation and/or reduction of the burdens caused by Stormwater runoff and accumulation attendant with the present or projected use of property;  Stabilization of or the increase of property value and marketability;  Increased safety and better access to property and other public and private properties within the community;  Reduced water quality impacts to the local habitat, Waters of the United States and State waters;  Rendering property more adaptable to a current or reasonably foreseeable new and higher use;  Improved appearance; and  Fostering the enhancement of environmentally responsible use and enjoyment of real property and the natural resources within the City.  Stormwater Management Benefits Stormwater programs provide a wide variety of stormwater management services that benefit properties in numerous ways including:  Management and administration of the Stormwater System;  Development, modification and implementation of stormwater master plan;  Stormwater design, engineering and permitting for repair, replacement and development of new stormwater management infrastructure and stormwater Improvements;  Operation and maintenance of the Stormwater system components including extraordinary maintenance, structural repairs and restoration;  Use of equipment and consumables used in the provision of stormwater services;  Billing, processing and collection of Stormwater Assessments, including customer information services and appropriate reserves;  Permitting, inspecting, and reviewing of plans;  Monitoring the stormwater system’s flows, ambient water quality and discharges;  Periodic reporting to regulatory agencies as required by active permits; and  Securing necessary professional services for specialized legal, engineering, and other consultant services as required for the provision of stormwater services. Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 9  Generating Stormwater Revenues Most stormwater utilities operate like water, wastewater and solid waste utilities serving the community in that they provide services, expend funds, send bills and use the resulting payments to reimburse the cost of their services. In the case of a stormwater utility Basic Stormwater Utility Revenue Cycle Concepts and Terms Stormwater utilities generate revenues by sending stormwater bills to individuals in a community that benefits from stormwater program services. The revenue cycle process used to allo cate costs, calculate rates and fees and send bills to generate revenues is relatively straight forward. Basic terms and concepts are briefly discussed below.  Stormwater Services – Stormwater utilities provide a broad mix of services every year and these services vary from community to community based on the community’s weather, stormwater systems, water quality issues and concerns, operation and maintenance requirements and other factors. Services are driven by the needs of the community which generally focus on the collection, conveyance, attenuation, treatment and proper discharge of the stormwater runoff.  Stormwater Costs – The stormwater utility employs a mix of professional and technical specialists, construction and maintenance workers, and occasionally employ consultants to produce and deliver the annual services. Services provided to a community all have individual costs and, when taken collectively, the services translate into annual expense budget.  Stormwater Customers – Residents, businesses, institutions, and numerous other entities that own the properties receive the stormwater services are deemed by state laws to have received certain and specific benefits.  Customer Base – All of the benefitted properties comprise the stormwater utility’s defined service area(s), also known as benefit area(s) customer base. Property owners and/or the residents of the properties, unless exempted or otherwise excluded, are billed for stormwater services received by their properties.  Customer Benefit Units – the Equivalent Runoff (ERU), also known as the Equivalent Residential Unit and other conceptually similar terms, is the most common unit for measuring the units of service. The majority of Florida SWUs use the average estimated area of the typical single- family residence to define an ERU, and subsequent use the ERU to develop equivalency with non-residential properties.  Stormwater Credits – Most Florida SWUs issue credits to property owners against their annual stormwater bill who that have construct, operate and maintain an approved stormwater facility on their property that relieves the community’s stormwater management burden.  Cost Allocation – The process of establishing the Stormwater Rate for developing SWU bills is typically an allocation of the total anticipated annual stormwater costs to the total number of ERU for all of the non-exempt properties in the SWU service area which is calculated as follows: Annual Rate = Total Stormwater Costs ÷ Total Number of ERUs The rate is normally expressed as $/ERU/year and bills are developed based on the number of ERUs assigned to a property times the approved annual stormwater ERU rate less any assigned credits issued for the property. The stormwater bill is calculated as follows: Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 10 Annual Fee = Annual Rate x Parcel’s Assigned Number of ERUs – Issued Credits The procedural sequencing relationship in the revenue cycle is schematically in Figure 1 on the following page of this technical memorandum. Figure 1 Basic Stormwater Utility Revenue Cycle Other activities that occur in most SWU in conjunction with the preceding SWU formulation, development and implementation activities include: 1. Municipal administration of the stormwater management program 2. Preparation/adoption of a Credits Policy and Procedures for issuing and revoking credits 3. Adoption and periodic revisions of the community’s Stormwater Utility Ordinance 4. Preparation of a Stormwater Services Assessment Resolution and Assessment Roll 5. Public Outreach, education and involvement 6. Municipal In-Reach, staff orientation and general staff orientation 7. Staff Training for Customer Services, billing, payment processing and collections, etc. Stormwater Needs Service Area Benefitted Properties Allocation Method Non-Exempt ERUs ExemptProperties Stormwater Services Stormwater Program Adjustment for Credits Set Annual Rate(s) Calculate Annual Fee Stormwater Costs Customer Base Stormwater Billing STORMWATER FUNDING COSTS CUSTOMERS Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 11 Stormwater Utility Development and Implementation Processes Development of a stormwater utility is a step-wise, generally linear process that produces a unique outcome for each community based on its physical characteristics, identified stormwater management needs and goals, historic stormwater management practices, proximity to significant water bodies, internal politics, staff insights, and public perspectives and expectations. In most communities SWU formulation, development and implementation activities include the following basic steps: 1. Definition of the stormwater needs and services to be funded by the SWU 2. Delineation of one or more service/benefit area and identification of benefitted properties; 3. Evaluation of the size, impervious, land cover and land development characteristics of the properties that comprise the service/benefit area; 4. Calculation of the Cost of Services to be provided; 5. Definition of a standard unit, oftentimes an Equivalent Runoff Unit (ERU), for measuring the services received by individual parcels 6. Determination of the number of charge units in the service/benefit area(s) 7. Selection of a suitable cost allocation methodology 8. Decisions of key policy concepts for exclusions of specific land uses and issuance of exemptions and treatment credits for individual parcels; 9. Determination of how stormwater fees billing and collection will be handled 10. Development of a Stormwater Utility Ordinance 11. Decision of the extent of public involvement and outreach to be used during SWU development. The SWU implementation process begins once the consensus in achieved for the key development decisions and commonly includes the following activities: 1. Development of the Master Account File for the identified SWU customer base; 2. Implementation of adjustments in types and frequencies of stormwater services and incremental staffing needs 3. Calculation of the total number of benefit units in the benefit area(s) 4. Initial review and assessment of credit applications and issuance of credits against fees; 5. Calculation of stormwater fee rates and potential credits; 6. initial revenue projections; 7. Inreach and orientation activities for staff and managers; 8. Execution of outreach and public involvement activities; 9. Compliance of key milestone dates and BCC actions as dictated for levy, collection and enforcement of fees in Chapter 197, FS (assuming the use of a non-ad valorem assessment); Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 12 10. Staff recruitment, reassignment and training (as may be required); and 11. Development and adoption of the annual assessment roll of the stormwater 4 Activities That SWU Revenues Can Fund Perhaps the greatest single feature of a stormwater utility is the range and diversity of activities that can be funded by its revenues.  Initial Considerations When determining which activities can be funded with stormwater utilities revenues, a stormwater utility first needs to ascertain first whether it is legal to use stormwater utility revenues for funding a project or activities, and then whether it is a sound investment. Does it Meet the Stormwater Nexus Test? The critical constraint on using stormwater utility revenues is whether or not the proposed revenue sue meets the Stormwater Nexus test. In simplest terms, can you identify a strong relationship between the proposed expenditure and one or more of the identified goals of the community’s stormwater management program. As an example, consider the County’s on-going, periodic street sweeping program that removes sediment, trash and stormwater pollutants before they are washed into the community’s drainage system. This activity has at least three a very strong and well document ways it meets the stormwater nexus test including:  Reducing the annual pollutant loads subsequently being discharged by from the drainage system to Waters of the United States;  Improving the ambient water quality in ditches prior to discharge; and  Reducing the ditch maintenance and cleaning frequency required remove sediment loads that facilitates maintenance of adequate conveyance capacity for the adopted Level of Service for the ditch An ancillary benefit is that street sweeping reduces the annual O&M cost of ditch cleaning and sediment removal which in turn reduces annual County O&M program costs. This process clearly meets the nexus test. Can It Pass the Reality Test? Consider the reality test that is commonly applied to expenditure of public funds: “Just because it can be legally be funded, does it actually merit being funded?” Virtually every community has had an incident Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 13 where, for whatever reason, it has funded a project that turned out to be a lemon. In the realm of stormwater utilities three reality based questions should be answered before spending SWU funding on proposed projects or new activities:  Performance: Has it Been Successfully Tried Before? Inquiries should be made of other stormwater programs within the state regarding (a) their experience with the proposed project or activity to ascertain if it has been successfully implemented under comparable conditions, and (b) if they would or have undertaken additional projects with similar technologies or expanded the practice within their stormwater program.  Cost Effectiveness: Does It Have a Competitive Life Cycle Cost? One of the common concerns in adding new technologies or practices to a stormwater program is whether the outcome will have the same or more beneficial outcome in life-cycle cost when (a) capital investment, (b) annual O&M costs, and (c) chemical and power costs are all considered in the mix. Vendor testing results can be useful in terms of capital and annual O&M costs and effectiveness. However, Peer-to-peer discussions regarding life cycles, life cycle costs, and unit costs for performance metrics and user insights are often more useful in assessing whether the project or practice is appropriate in your SWU.  Safety: Are there any Known Risks or Adverse Impacts to the Environment? Inquiries with peers regarding any (a) unanticipated outcomes, (b) safety issues/concerns, or (c) environmental, habitat or water quality impacts are also very helpful in making the decision to go all in on a new technology in a project or implement a new activity in a stormwater management program. The answers to these questions should govern whether the project or activity is suitable for utility funding. In the case of the example used in the nexus test, it would also pass the components of the reality test.  Core Stormwater Management Activities Stormwater utilities are commonly founded to provide the incremental funding needed to solve significant community flooding problems. Communities use the utilities revenues to fund services that focus on improving stormwater management capabilities and achieving adopted community stormwater management goals and objectives. Florida stormwater utilities commonly focus on several of the following core services:  Program Administration – Administrative functions and support expenses, including those associated with financial management and program development, are generally included under the category of program administration activities which include:  General Administration;  Secretarial and Clerical Support;  Financial Management; Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 14  Program Planning and Development; and  Capital Outlay and Overhead Expense. These activities, and occasionally the billing and collection of fees, are described as administrative functions. Capital outlay and overhead costs are normally classified as "non- functional" aspects of the stormwater program in the sense that they are not work activities that are directly related to a specific function but are common to all functions. However, they are required for general support of the program, and this category is simply the most suitable one in which to group them.  Drainage and Flood Control – Technical functions, engineering and planning related to stormwater flows, are directly influenced by stormwater master plans, basin studies and siting and sizing of the conveyance components of the stormwater management systems. These functions continue to be essential work elements as improvements are made to the community's drainage program. The technical functions are grouped into eight categories:  Surveying and Documentation of Existing Drainage and Conveyance Conditions;  GIS Development and Operations;  Conveyance and Attenuation Facilities Mapping and Inventories;  Stormwater Management Master Planning/Basin Planning;  Water Quality Planning and Engineering;  Design and Field Engineering;  Hazard Mitigation; and  Support Requirements. Most of the planning and engineering activities for stormwater management are related to project design and construction, negotiation of permits, and coordination of operations and maintenance programs.  Water Quality Management – Technical functions, engineering and planning related to stormwater quality and pollutant load reduction, are indirectly influenced by stormwater master plans, basin studies and sizing of the conveyance and treatment components of the stormwater management systems. These functions continue to be essential work elements as improvements are made to the community's program. The technical functions are grouped into ten categories:  Surveying and Documentation of Existing Water Quality Conditions;  Water Quality Treatment and Pollutant Load Reduction Facilities Mapping and Inventories;  Water Quality Management Master Planning/Basin Planning;  Water Quality Planning and Engineering;  Flow Measurements and Sampling;  Documentation of Ambient and Instantaneous Water Quality;  Water Quality Impact Mitigation; and  Support Requirements.  NPDES Compliance and Reporting; and  Public Awareness and Involvement. Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 15 Most of the planning and engineering activities for water quality management are related to compliance with Federal and State water quality regulatory programs, negotiation of permits, and coordination of operations and maintenance programs.  Maintenance Operations – A community must undertake maintenance operations, both routine and remedial, if it intends to keep its stormwater infrastructure operational at or near its design capacities. Routine maintenance includes the normal cleaning activities required to keep the stormwater management systems in proper condition. Remedial maintenance involves repair and reconstruction short of total replacement, enlargement, or construction of entire stormwater systems. Remedial work is typically done as parts of systems deteriorate due to aging or are damaged. Both routine and remedial maintenance are required to ensure that the systems work as effectively as possible when storms occur. The ten primary work tasks and related support activities included under the operation category include the following headings:  Operations Management;  Routine Maintenance;  Remedial Maintenance;  Erosion and Sediment Control;  Emergency Response Operations;  Water Quality Operations;  Street Sweeping;  Litter Control;  Spill Response/Containment; and  Support Services. The integrity of any stormwater management system to operate at Level of Service (LOS) adopted by the community lies in a combination of proper sizing and design and a suitable level of facilities maintenance to assure that the system components function as originally designed.  Regulation and Enforcement – Regulation and enforcement functions included in a community's stormwater program focus on discharges to the community’s stormwater infrastructure and elimination of illicit discharges. and are separated into six distinct categories:  Permit Administration;  Inspection of Construction Activities;  Code Development and Enforcement;  Private Stormwater System Regulation;  Floodplain Management; and  Monitoring of Stormwater Discharges and Receiving Waters. Experience in Florida communities has shown that regulatory efforts are among the most cost- effective and productive stormwater control measures. Regulations can be developed more quickly than capital projects, are less expensive than increased maintenance, tend to reduce the causes of problems quickly if vigorously pursued, and are permanent when applied consistently and repeatedly.  Capital Construction – Most Florida communities have significant planned, deferred and future needs for stormwater system capital improvements. These needs are generally in the form of Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 16 capital improvement program projects for conveyance improvements, treatment facilities, and reconstruction of aged and deteriorated components of the existing system which have been identified through master planning and basin studies. Major types of capital investments and other capitalized expenditures that are required in a community have been summarized in five general categories:  Strategic Detailed Basin Studies;  Periodic Repair, Restoration and Replacement Projects;  Major Capital Improvements;  Minor Capital Improvements;  Land Acquisition, Easements, and Rights-of-Way Acquisition. Given the range of stormwater management and flooding problems evident in many communities, it is clear that both major and minor capital improvements are needed. Many of the tasks are similar or common to more than one category, and numerous overlaps exist. Some tasks might be placed in more than one category, but the overall fabric of the stormwater management needs in a community is properly represented by the list of functional requirement categories.  Ancillary Stormwater Management Activities Some of the new activities that are being selectively implemented and funded with SWU revenues that might benefit Collier County’s residents, businesses and tourists include:  Groundwater Recharge to increase the community’s water supply;  Ecological Preservation and Restoration to sustain/maintain the coverage, diversity and quality of the County’s land and marine based habitats, flora and fauna for the benefit and uses of both natural and human residents;  Working with local NGOs and community activists to identify and subsequently work meeting both community environmental expectations related to the remediation of damaged local ecosystems and protection of remaining undamaged habitats.  Implementing Stormwater Best Management Practices (BMPs) for reducing structural and street flooding while also improving ambient water quality in community streams, ponds and lakes; These ancillary stormwater management activities tend to focus on supporting other municipal programs that have been developed to provide their community with water-based benefits including:  Shared Projects with other Regulated Communities, through inter-local agreements, that have larger treatment and attenuation capacities and also enjoy lower unit treatment costs, land acquisition costs and overall lower project costs due to size, technology and scale factors;  Integrated water resource management;  Resiliency;  System-wide Planning; and Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 17  Regulation and Enforcement Activities These ancillary stormwater management activities are supported by many of the same stormwater management activities that are needed in the core activities including:  Initial Decisions in Stormwater Utility Development  What function(s) of the Stormwater Management Program will the stormwater utility fund?  Who will responsible for leading, directing and managing the stormwater utility in developing and executing the Stormwater Management Program’s operations?  How will the stormwater management program’s operations be organized it decides to change its organizational strategy and structure?  How will the stormwater utility be staffed?  What will the annual funding requirements be for the utility’s initial 5-year operations period? Taken collectively, the decisions relating to these key considerations allow the stormwater utility to be defined as anything from a simple dedicated funding source to a utility that is a complex operational entity that serves the needs of the unincorporated areas of the County. 5 Long-Term Benefits that Have Accrued to Other Florida Communities The simple answer for virtually all of the benefits achieved by Florida Communities with fully implemented SWUs can be expressed in the following seven words: Adequate, Stable, Predictable and Sustainable Long-Term Funding Stormwater utilities require a commitment of time and resources to develop and implement, but what are their benefits? This important question can be answered from two different points of view.  Benefits are a Matter Perspective The first perspective on long-term benefits is that of the elected representatives and senior managers of the community who are responsible for the annual funding of the community’s stormwater management program. Stormwater utility implementation in their communities has enabled them to receive the following significant financial and political benefits for their citizens:  New Funding Source - Revenues generated by stormwater utilities can be used as a new source of funds to supplement the community’s current stormwater management funding.  Supplemental Funding Source – Stormwater utility revenues can be used to replace current general fund/ad valorem tax funding which enables the tax based funding to be used for other community needs. Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 18  Sustainable Revenues – Revenues generated by stormwater utilities are constant, tend to gradually increase with the community’s growth, and can be gradually increased through rate hikes and increasing/imposing special user fees.  A Bondable Revenue Stream – Bonds for capital improvements can be issued to facilitate constructing stormwater management facilities because the revenues generated by stormwater utilities can be used to pay back bonds.  Ability to Deliver on Promises – Resolve chronic stormwater management problems that have plagued the community including localized flooding, major stormwater event flooding of roadways and structures, and water quality events causing public health impacts and fish kills.  Ability to Take Advantage of Collaborative Funding – Having adequate revenues to plan for and to have provide matching funds for cooperative funding and matching grants. The second perspective on long-term benefits is that of the technical and operational individuals who are responsible for delivering the daily and seasonal stormwater management operations to support their community. Stormwater utility implementation in their communities has enabled them to deliver the following significant financial benefits for their citizens:  Programmatic Stability – The community’s stormwater management program will tend to operate on a stable basis which supports staff stability, continued levels of maintenance operations, and continuity in CIP programs since stormwater utilities have stable revenues.  Long-Term View – Stormwater managers are allowed to adopt a longer view in planning for capital investments, undertaking maintenance enhancement, and developing staff since they are not operating in a year-to-year funding environment with no certainty of follow-on funding in successive years.  Facilitation of NPDES Compliance – Communities that are regulated under the Federal NPDES Stormwater Permitting Program are more readily able to comply with the specific permit conditions requiring the development of funding for annual operation of the Storm Water Management Program that is contained in their MS4 Permits.  Ability to Comply with Federal and State Quality requirements – The County will readily and maintain water quality compliance with the Total Maximum Daily Loads (TMDLs), Basin Management Action Plans (BMAPs) and Numeric Nutrient Criteria (NNC) programs implemented by USEPA and FDEP that are now being incorporated in the MS4 Permits.  Improved LOS - Ability to provide higher levels of service, typically in terms of frequency of activities, for mowing, trash removal, spraying, access management, native plantings, inspections and similar ongoing activities. The third perspective on long-term benefits is that of the residents and businesses, who are personally impacted by significant flooding events in their homes and workplaces. Stormwater utility implementation in their communities has enabled them to return to normal lives more quickly including:  Elimination of nuisance road flooding to facilitate traffic and minimize transportation problems; Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 19  Reduction or elimination significant flooding that precludes access and/or damages yards, homes, businesses, schools and other community institutions;  Reduction or elimination business interruptions that impacts jobs in the short term or eliminates community jobs and creates local economic impacts; and  Improved community recovery after major events which reduces short term impacts to daily life or reduces long-term financial impacts to the community. The fourth perspective on long-term benefits is that of the attorneys who develop stormwater utility ordinances and resolutions for annual assessments for stormwater fees and judges who determine the legality and equity issues of the formulation and basis of a stormwater utility. Their view of benefits generally includes those stormwater management services and activities that benefit to properties in numerous ways including:  Management and administration of the Stormwater System;  Stormwater program engineering;  Development, modification and implementation of stormwater master plans;  Provision of Stormwater Improvements and facilities;  Operation and maintenance of the Stormwater Improvements, including routine and extraordinary maintenance;  Expenditures of equipment and consumables used in the provision of stormwater services,  Billing, processing and collecting stormwater fees and assessments, including customer information services and appropriate reserves;  Permitting, inspecting, and reviewing of plans; and  Monitoring the City’s stormwater system’s flows and discharges,  Periodic reporting to regulatory agencies as required by active permits, and reporting; and  Securing necessary legal, engineering, and other consultant services required for the provision of stormwater services.  Categorical Summary of Long-Term Benefits The longer view of the four separate perspectives just discussed in the preceding paragraphs, can generally be condensed in the following points: 1. Provision of Financial Capability to Adequately Fund Annual Programs  Significant capacity financial  Diverse range of legal uses of revenues  Accommodates diverse cost allocation methodologies Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 20  Ability to Build/Maintain a Dedicated Stormwater Reserve Fund  Bondable and Revenues can pay annual debt service  Can accommodate flat rate and variable rate billing 2. Facilitation of Delivery of Promised Projects  Planning, design and construction of promised stormwater improvements  Facilitates Long-Term Planning  Simplifies prioritizing, scheduling and budgeting of CIP projects 3. Gradual Development of Community Backing  Transparent, Fair and Equitable for Customers  Develops Community Trust and Support  Facilitates the emergence of Community Champions 4. Diversification of Existing Funding Sources  The SWU is a diversified funding source compared to conventional ad valorem tax levies as it can be applied to traditionally exempt properties  The change and or elimination of exemptions can significantly reduce the burden on the community’s millage rate and improve annual net revenues generated for stormwater management activities. It is obvious that a stormwater utility can provide a community with numerous, continuing benefits which can amply compensate the initial efforts and costs of stormwater utility development and implementation. If this were not the case, it is unlikely that over 150 Florida communities would have undertaken the-development and implementation of a stormwater utility. 6 How a SWU Can Help Collier County Meet Current and Long-term Stormwater Management Requirements and Other Related Obligations The first step in addressing is to separate the current and long-term requirements, which are on-going concerns, from the other related obligations that represent future improvements to the County’s stormwater management program. Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 21  Meeting Current Obligations Collier County’s current stormwater management obligations are diverse and continually increasing due to County growth, emerging needs continuing unfunded mandates. While the County staff have worked diligently to meet these obligations, a some of the critical stormwater program components have been less than fully addressed or altogether deferred due to the combination of inadequate annual funding and personnel reductions caused by cyclic and varying annual economic conditions. Current obligations include:  Program Administration  Planning and Engineering  Continuing Maintenance Operations  Regulation and Enforcement  Review and Inspection  Capital Construction Specific critical stormwater program components that have been less than fully addressed or altogether deferred include:  Stormwater Capital Improvement Projects for replacement of aged-out and/or under-sized infrastructure t, and construction of new infrastructure;  Incremental NPDES Activities including compliance with the six minimum required MS4 activities, addressing TMDLs and BMAP requirements, updating MS4 system inventories and mapping, catchments delineation, water quality monitoring and documentation, mandated periodic pollutant load estimates and other data collection and reporting activities; and  Enhanced Annual Operations and Maintenance Levels for both primary and secondary stormwater systems, and impacted natural conveyance systems. Successful execution of Collier County’s current obligations requires a clear community vision, leadership, executive management team, appropriate staffing, material resources, access to specialized professional and vendors and, perhaps most importantly, adequate, funding. A stormwater utility, depending upon its formulation and list of items to fund, could provide new sustainable and predictable long-term funding to support some or all of the unmet stormwater needs.  Other Related Obligations and Opportunities Sunshine, climate, water resources and natural systems are the key reasons that people become Florida residents and tourists continue to return to our state. While Collier County can’t control the sunshine or climate, the County can manage its water resources to improve its available water supplies and protect its natural resources. Historically, most Florida communities consider stormwater runoff to be the common enemy that needed to be collected and quickly routed to the Gulf of Mexico or the Atlantic Ocean in order to minimize flooding and the scourge of mosquitoes. Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 22 More recently, the combination of sea level rise and continuing growth in Collier County have created a two-prong water resources management challenge in which the sea level rise reduces the volume and quality of the County’s existing potable groundwater supplies while the influx of new residents and businesses increases the consumption of the decreasing potable water supplies. Many Florida coastal communities are currently evaluating strategies for better managing the water quality and usable volumes of their water supplies while also addressing the impacts of sea level rise. Implementation of one or more of Integrated Water Resources Management (IWRM) strategy elements is emerging as a common part of these communities’ developing plans to conserve their existing water supplies and develop viable solutions to their sea level rise problems.  Integrated Water Resources Management IWRM is a systematic process for the sustainable development, allocation, and beneficial use of water resource. The principles of IWRM are based on the understanding that all the different uses of finite water resources are interdependent, and communities need to adopt coordinated development and management strategies and processes to maximize community benefits of their water resources without compromising the sustainability of vital ecosystems. IWRM is not an end in itself but a means of achieving three key strategic objectives of the strategy include:  Efficiency to make water resources go as far as possible – Due to the increasing scarcity of water and financial resources, the finite and vulnerable nature of water as a resource, and the increasing demands upon it, water must be used with maximum possible efficiency;  Equity, in the allocation of water across different social and economic groups – The basic right for all people to have access to water of adequate quantity and quality for the sustenance of human well-being must be universally recognized; and  Environmental sustainability, to protect the water resources base and associated ecosystems. "The present use of the resource should be managed in a way that does not undermine the life- support system thereby compromising use by future generations of the same resource.” (GWP 2008)  Integrated Water Resources Opportunities Collier County has significant opportunities going forward to utilize IWRM strategies in conjunction with its stormwater management program to better manage its available water resources through maximum use of its stormwater runoff.  Strategy One: Enhancement of Surficial Aquifer Recharge Collier County has a linked Stormwater + Potable Water challenge that has developed as a result of early flood control activities which impacts the available volume of suitable raw water that is available in the surficial aquifer for treatment and use as potable water to meet the needs of residents and non- residential users. The constructed stormwater management channels and deeper ditches were Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 23 constructed such that their bottoms are below the water table elevation, which has resulted in over drainage of the surficial aquifer which subsequently lessens the availability and quality of the surficial water volume available for potable water production. Over the last two decades the continuing over drainage has required the County to develop additional wells in brackish areas of the surficial aquifer to meet customer demands and upgrade the water treatment facilities with reverse osmosis facilities to meet water quality standards The good news is that the reduction of stormwater recharge to the surficial aquifer can be reversed to improve the availability and the quality of surficial aquifer water supplies to better manage the treatment processes and cost of potable water to County residents.  Concept 1: Changing Old Stormwater Runoff Practices to Meet Future Needs Modify current stormwater management strategies that focus on rapid collection, conveyance and disposal of runoff in estuarine waters to a better solution that collects the runoff and routes it to a constructed pond or artificial wetland that provides the following benefits: (a) Creates new storage volume that can attenuate and reduce eliminate runoff flows to undersized existing primary channels and canals thereby reducing their needed expansion to meet projected long-term needs; (b) New storage facilities will in time provide natural systems water quality treatment to the runoff before discharge or any other uses; (c) Standing water volumes will induce groundwater recharge which increases the available groundwater sources for potable water needs; and (d) Stored runoff can be treated and mixed with reuse waters to seasonally augment reuse availability during high demand periods (e) Re-purposed stormwater supplies off-set the use of potable water supplies for turf irrigation thereby extending the number of new residents and businesses that can be serves over time.  Concept 2: Changing Old Stormwater Runoff Practices to Meet Future Needs Modify current stormwater management strategies that focus on rapid collection, conveyance and disposal of runoff in estuarine waters to a better solution which collects the runoff and routes it to degraded wetlands (where it went before the modern era of development) and provides the following benefits: a) Utilizes available storage volume that can attenuate and reduce/eliminate runoff flows to the undersized existing primary channels and canals thereby reducing their needed expansion to meet projected long-term needs; (b) Rehydrates the degraded and disconnected wetlands providing habitat to off-set continuing losses related to ongoing development, (c) Rehydrated wetlands will provide natural systems water quality treatment to the runoff before discharge or any other uses; (d) Standing water volumes will induce groundwater recharge which increases the available groundwater sources for potable water needs; and Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 24 (e) Excess runoff at rehydrated wetlands could be pumped to artificial ponds or pumped to mixing points for treated and subsequent mixing with reuse waters to seasonally augment reuse availability during high demand periods (f) Re-purposed stormwater supplies off-set the use of potable water supplies for turf irrigation thereby extending the number of new residents and businesses that can be serves over time.  Concept 3: Modify Current Gate Operations Modify the existing operating schedules for opening and closure of water control gates to release of floodwaters during the wet season and link the maintenance of conservation pools levels during the dry season incorporate to variable ambient water table levels and closer monitoring of hydro- meteorological forecasts. Other innovative solutions including Low Impact Development (LID) measures are available that can integrate the needs of effective stormwater management with long-term water supply needs.  Concept 4: Modify Current Gate Operations Require that the development of new or remedial drainage solutions include an element that: (a) Consider the intimate relationship between water supply and stormwater management systems; (b) Assess flows assessment of groundwater dewatering volumes, seasonal flow rates and seasonal flows elevations; (c) Require the reduction of over drainage of the surficial aquifers; and (d) Provide enhanced aquifer recharge opportunities. While stormwater management practices may not be the answer to meeting long-term water supply needs, it can be a significant component in an integrated water supply program.  Strategy Two: Aquifer Storage and Recovery Systems Depending on the success of the City of Naples’ ASR program, the County might consider implementing a pilot ASR project to determine the potential locations of suitable injection zones and estimated benefits of using ASR concepts for seasonal storage of potable waters and/or secondary waters from the runoff diversion projects discussed in discussed in Concepts 1 and 2 of Strategy 1. While pretreatment may be required, the net benefit could be positive depending on the subsurface of selected zones in the unincorporated areas of the County.  Strategy Three: Coastal Resiliency/Mitigation Strategies The anticipated encroachments associated with sea level rise will move current mean sea level lines inland, relocate freshwater-saltwater boundaries in rivers and channels, move estuarine habitats upstream and cause increased frequency and severity of flooding of waterfront properties and roadways. Other significant impacts will be the movement of coastal surge elevations inland, require the modification of FEMA flood mapping, increase salinity levels in coastal aquifers and, in some areas require abandonment of developed properties. Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 25 Florida communities have identified and evaluated a variety of potential measures that Collier County might consider taking for defending its coastlines against the threat of sea level rise. Measures include:  Structural solutions like sea walls and control structures on channels to control encroachment, elevations of existing roadways and setting new minimum floor elevations for new construction and elevating existing structures in marginally encroachment areas to avoid mandatory relocations.  Non-structural solutions that tend to focus on new construction including revising minimum floor elevations in coastal areas, revising roadway designs and minimum pavement elevations, and criteria for abandoning first floors of structures and parking facilities These measures can also be viewed as sequential steps that can be taken in a longer term strategy as rising sea levels continue to encroach on coastal areas. Before implementing and specific actions, it is crucial that the County decide when, where and at what levels the different strategies should be undertaken. Initial decisions that must be made include the amount of sea level rise that will occur over what period time.  Phase I – Actively Confronting the Encroaching Seas is the first step in many resiliency plans and is accomplished by building structures to reclaim inundated coastal regions and coastal defenses such as dikes, elevated seawalls, beach nourishment, addition of water control structures on channels and canals that provide an impediment to rising waters;  Phase II – Accommodating Lesser Encroachment is often the second step in many plans. Based upon the community’s determination of an acceptable degree of inundation include. That might include building flood-proof structures, and floating platforms for agriculture, etc. The final step is retreat. It can involve managed retreating, such as the building of sea walls, and planned evacuation when no other options are available; and  Phase III –Abandonment, the last step in any plan, occurs when the community determines that the cost of accommodating lesser encroachment greatly exceeds the identifiable cost and ancillary impacts associated accommodations. In most cases, development of a resiliency plan based on a carefully consider approach and thoughtful guidelines for each phase, allows staff to develop working plans, identify specific projects with rough cost estimates, and develop milestone schedules. In virtually all plans there are significant impacts on the existing drainage infrastructure and master plans which need to be carefully evaluated in Phases I and II. While this work can be contentious and at times demoralizing for staff, it does provide the community with some form of a blue print that can be used for future community planning. Stormwater Utility Overview and Potential Benefits for Collier County A Stormwater Management White Paper Page | 26  Implement a Systematic Stormwater Management Improvement Process Another approach to meeting the County’s current and long-term requirements could be met over time through the implementation of an ongoing Systematic Stormwater Management Improvement Process (SSMIP) which focuses on assessing stormwater program’s current and future needs on a fixed interval basis, perhaps every five years. Based upon unmet current needs and identified future needs, Stormwater staff would propose adjustments for the project priorities, update the milestone schedule for capital projects and process changes, and propose adjustments in the stormwater utility requirements for the Executive Team’s consideration and approval. The basic SSMIP process steps include: 1. Identify the County' Current and Foreseeable Stormwater Management Needs. 2. Define a Comprehensive Stormwater Management Program Will Meet Current Needs. 3. Describe Stormwater Program Enhancements Required to Meet Future Needs. 4. Prepare a Milestone Schedule for Implementing New Program Elements. 5. Estimate Current Costs for Achieving Current and Future Stormwater Needs. 6. Develop the Annual Revenue Stream Needed to Fund the Program. 7. Select the Funding Sources that Will Be Used to Fund Initial and Long-Term Needs. 8. Estimate the Annual Capacity for Each Revenue Source. 9. Develop a Phased SWU to Provide the Gap Funding Required to Fully Fund the Long-Term Program.  Initial Choices  Should the utility serve all or just the more developed portions of the unincorporated areas?  What function(s) of the Stormwater Management Program will the stormwater utility fund?  Who will responsible for leading, directing and managing the stormwater utility in developing and executing the Stormwater Management Program’s operations?  How will the stormwater utility be staffed, and will its employees be organized?  What will the annual funding requirements be for the utility’s initial 5-year operations period? Taken collectively, the decisions relating to these key considerations allow the stormwater utility to be defined as anything from a simple dedicated funding source to a utility that is a complex operational entity that serves the needs of both the unincorporated areas of the county and one or mo re of the cities. Stormwater Management Section Capital Project Planning, Impact Fees, Program Management Division Growth Management Department September 27, 2016 David S. Wilkison, P.E., Department Head Stephen R. Lienhart, P.E., AMEC Foster Wheeler 1 Previous BCC Direction —November 3, 2015, the concept of a S torm Wa ter Utility (SWU) was introduced to t he board at the Integrated Wa ter M anagement Strategy wo rkshop —December 8,2015, BCC meeting, staff requested and was directed to p rocure a co nsultant to study t he feasibility of a S WU 2 Stormwate r Utility Is: —Alternative u ser fee b ased funding source for ongoing stormwater management initiative s and operations —Dedicated funding source —A m ethod of fairly distributing costs equitably among all users proportionate to t he benef its they rece ive —Based on the amount of ra infall-ge nerated stormwater runoff of individual properties 3 Appropriate To ol for Collier County —Sustained reliable, scalable, and resilient re ve nue source to s upport capital programs —Long term financing for stormwater system operations and maintenance —Clear co nnection to the services being prov ided —Long-term programmatic stability 4 Stormwate r Utility Basics —SWU Charge Fe es for prov iding stormwater m anagement ser vices that benef it properties —Ancillary co sts co mmonly included: ü Administrative e xpenses (IT, HR, etc.) ü Internal ser vices provided by o ther divisions (Road Maintenance) ü Billing, payment processing and collection ser vices —Assessed as a No n-Ad Valorem Fe e —The Stormwater Fe e is based on total cost of all stormwater ser vices and the number of benef it units 5 SWU Benefits for Collier County —Stable, Predictable and Re silient Funding ü Flexible uses for most stormwater a ctivities ü Capacity to meet current and future n eeds ü Re ve nues aligned with co mmunity grow th —Fe e B ase Reve nues ü Diversif y County ’s reve nue stream ü Broaden customer base ü Commonly billed as a Non-Ad Valorem Assessment 6 User Equity and Fee Tra nsparency —Equity Fe atures ü Fe es are based on parce l characteristics ü Re flect intensity of land development ü Generally based on runoff/imper vious area ü Cu stomized by availability of credits/exemptions —Fe e Tr ansparency ü Logical relationship between fees and ser vices ü Strong nexus between runoff and annual fees ü Re latable utility fee co mputation process 7 7 Pa sco County —ERU (Equivalent Re sidential Unit) = 2,890 sq. ft. —Single Fa mily Ho me: Flat Rate o f $57/year —Estate L ots: Flat Rate o f $57/year —Non-residential: (Imper vious Area/ERU) x $57 —Exclusive u se of funds: —Administrative —Planning & Engineering —Operations & Maintenance —Po llution Abatement Devices —Debt Service —Extension & Replacement —Capital Projects 8 Pinellas County —ERU (Equivalent Re sidential Unit) = 2,339 sq. ft. —Single Fa mily Ho me based on three tiers of imper vious area: —Small (less than 1,576 sq. ft.) = $70.64/year —Me dium (1,577 –4,368 sq. ft.) = $117.74/year —Large (4,368 –9,999 sq. ft.) = $270.80/year —Ve ry large h omes (>10,000 sq. ft. of impervious area)= (Impervious Area/ERU) x $117.74) —Exclusive u se of funds: —Surface Water Service Costs —Capital Cost of Surface Water Improvements —Debt Service 9 Adjustments, Credits, & Exemptions v Adjustments: Request to review imper vious area calculation v Credits: Incentives for onsite s tormwater m anagement systems v Exemptions: Policy on various parce ls/uses excluded from SWU 10 Commercial Model —8.84 acre parcel: Home Depot (Davis & Airport): —Receiving a 56% credit for on-site stormwater management systems and reducing imper vious area to per vious areas —Pasco County estimated assessment –From: $6,076/year To : $2,673/year —Pinellas County estimated assessment –From: $15,507/year To : $6,823/year 11 Benefits Recap —SWUs are Tre nding ü Provides reve nue diversif ication ü Fa ir and transparent stormwater f ees ü Stable, f lexible and resilient long-term funding —Solve s Community SWM Funding Problems ü Flexible for meeting current needs ü Flexibility for future n eeds ü Assists in meeting regulatory go als 12 Next Steps —Develop RFP to secure co nsultant —Def ine a SWU Benefit Area —Prepare a Master Account File —Develop a fee assessment methodology —Complete a ra te study —Conduct extensive p ublic outreach —Staff projects 12 to 1 8 months to complete t he process —Estimated process cost of $250,000 to $300,000. 13 Questions 14 Supplemental Slides 15 Ke y Stormwate r Concepts —The Stormwater Management Program (SWMP) is all of the activities that Collier County undertakes to manage flooding, water quality, and maintain regulator y co mpliance —Cu stomer Base is all properties that rece ive b enef its from the stormwater m anagement program efforts —A Stormwater Utility (SWU) is a s table source o f dedicated funding that supports one or more e lements of the County’s stormwater m anagement program 16 Implementation Mechanisms —Property data analysis —Comprehensive p lan of ser vices and costs to be funded —Rate s tudy d etermination —Billing method —Public outreach —Implementation timeline 17 Approaches for establishing SWU A) Steady g ra dual grow th model —Most common SWU approach —Combination of SWU and General Fund revenues —Critical needs are funded f irst —Ta pered use of General Fund dollars General Fund Revenues Stormwater Utility Revenues 21 3 4 5 9876YearNet Revenue Needs18 Approaches for establishing SWU Cont. B) Stepped grow th model —Critical needs funded f irst —Includes anticipated and event-drive n needs —Signif icant step changes in funding —Ta pering of General Fund use with adjustments General Fund Revenues Stormwater Utility Revenues 21 3 4 5 976YearNet Revenue Needs8 New W Q Regulations Accelerated CIP Program Hurricane Recovery 19 Florida County SWU Characteristics County Population Ye arly ERU Rate ERU Size sq. ft. 2015 Total Revenue 2015 Revenue Per Capita Bay 74,517 39.96 N/A 1,755,850 23.56 Brevard 226,119 51.96 2,500 4,956,903 21.92 Charlotte 160,511 128.64 N/A 5,000,000 31.15 Duval/Jacksonville 853,382 60.00 3,100 30,600,000 35.86 Hillsborough 872,600 30.00 N/A 16,900,000 19.37 Lake 290,435 0.4984m N/A 504,000 1.74 Leon 94,650 84.96 3,272 3,492,616 36.90 Marion 727,607 15.00 2,275 3,500,000 4.81 Miami-Dade 1,102,955 48.00 1,548 31,000,000 28.11 Pasco 470,391 57.00 2,890 14,000,000 29.76 Pinellas 344,000 117.72 2,339 18,000,000 52.33 Polk 392,700 N/A N/A 1,400,000 3.57 Sarasota 390,500 90.60 3,153 17,092,167 43.77 Vo lusia 116,720 72.00 2,775 4,780,750 40.96 2015 Averages 436,935 $66.32 2,650 10,927,306 26.70 2019 Collier County 375,074 $ 10,014,476 * *Example using 2019 BEBR population multiplied by Average 2015 Per Capita Revenue 20 21 Sarasota County —ESU (Equivalent Stormwater Unit) = 3,153 sq. ft. —Single Fa mily Ho me: Tiered based on lot size: —Less than 8,100 sq. ft. = $81.90/year —8,100 –14,600 sq. ft. = $90.65/year —Greater that 14,600 sq. ft. = $151.94/year —Estate L ots: Same as above —No n-re sidential: (Impervious Area/ESU) x $90.65 —Reduction for undeveloped lots, based on size —Exclusive use of funds: —Customer Service Costs —Operations & Maintenance Based on parcels within the Sarasota Customer Service, Operating, and Maintenance Service Assessment Area, currently no capital improvement assessments are in place. 22 City of Naples (Based on 2016 Section 30-336 Code of Ordinances) —ARU (Ave rage Re sidential Unit) = 1,934 sq. ft. —Single-family re sidential = $156.72/ye ar —Multi-Fa mily : $156.72/ye ar for each unit —Commercial: (Impervious Area/ARU) x $156.72 —Un disturbed and Vacant parce ls are e xe mpt —Exclusive use of funds: —Administrative —Planning & Engineering —Operations & Maintenance —Po llution Abatement Devices —Debt Service 23 Commercial Model —8.84 acre parce l: Home Depot (Davis & Airport): —Estimated 80% of impervious area —Pasco Co unty estimated assessment: $6,076/year —Pinellas County estimated assessment: $15,506.86/year Please note: The data provided is calculated for each jurisdiction based on estimated impervious area and does not consider potential adjustments/credits 24 Commercial Strip Model —1.37 acre p arce l: Promenade Plaza (Airport Pulling Rd): —Estimated 80% of impervious area —Pasco Co unty estimated assessment: $942/year —Pinellas County estimated assessment: $2,403/year Please note: The data provided is calculated for each jurisdiction based on estimated impervious area and does not consider potential adjustments/credits 25 Pharmacy —1.98 acre p arce l: Walgreens (Davis Blvd & Airport Pulling Rd) —Estimated 80% of impervious area —Pasco Co unty estimated assessment $1,361/year —Pinellas County estimated assessment: $3,473/year Please note: The data provided is calculated for each jurisdiction based on estimated impervious area and does not consider potential adjustments/credits 26 Commercial Model Example Area (sq. ft.) Runoff Coefficients (c)* Total Site Area 385,070 Impervious Area 127,073 0.90 Pervious Area 192,535 0.45 Basin Area 65,462 0.95 Formulas We ighted Runoff Coefficient 0.68 ( (Impervious Area x "c") +(Pervious Area x "c") + (Basin x "c") ) / Total Site Sq. Ft. Volume be tween SW infrastructure and final point of discharge 196,386 Runoff from 100-year storm event 261,848 total size are a x weighted are a Mi tigation Credit based on 75%Ma ximum 56%volume re tai ned x max cre dit of 75% 27 Credit Example (Pinellas County) —Maximum credit —75% maximum credit based on the surface water program allocations. —Properties with functional stormwater management systems provide a relief to the County’s maintenance e fforts. —Basis for credit —100-yr /24-hr criteria —State recognized criteria for zero discharge —Mitigation credit = 75% for zero discharge —Sliding scale for meeting smaller storm event criteria —Tidal criteria —Must achieve Outstanding Florida Wa ter S tandards —Unique features —Stilt homes, pervious pavement, rain garden, rain barrels 28 Credit Model —Credit policies require engineering analysis and certif ication —56% credit equates to the following reduction to each home per ye ar : —Pasco: From $57 to $32 —Pinellas County: From: $117 to $66 —Renewal every two ye ars –submit ce rtif ication or equivalent —No additional engineering submittal 29 Credit Objectives —Some developed properties currently operate and maintain onsite stormwater m anagement systems reducing stormwater r unoff impacts to the County system —These facilities lessen the burden on the County to manage, maintain and operate the stormwater system. —The Mitigation Credits Po licy i s designed to a chieve t he following key objective s: —Provide financial incentives to property owners to implement and maintain functional onsite stormwater management systems —Reducing their surface water assessment —Promote parcel-level best management practices 30 Commercial Strip Model —1.37 acre parcel: Promenade Plaza (Airport Pulling Rd): —Receiving a 56% mitigation credit for on-site stormwater management system and reducing imper vious area to per vious areas —Pasco County estimated assessment–From:$942/year To : $414/year —Pinellas County estimated assessment –From: $2,403/year To : $1,057/year 31 Pharmacy —1.98 acre parcel: Walgreens (Davis Blvd & Airport Pulling Rd) —Receiving a 56% mitigation credit for on-site stormwater management system and reducing imper vious area to per vious areas —Pasco County estimated assessment–From: $1,361/year To : $599/year —Pinellas County estimated assessment –From: $3,473/year To : $1,528/year 32 Implementation Schedule FY17 •October –RFP Hire Consultant •March –Begin Phase II FY18 •December –BCC Approval •December –File Notice o f Intent •July –TRIM Notice /Master Account File FY19 •November –Bills sent to users •December –Incoming Revenue 33