Agenda 04/10/2018 Item # 9A04/10/2018
EXECUTIVE SUMMARY
Recommendation to approve: 1. An Amendment to Chapter 134, Article VII, of the Collier
County Laws and Ordinances (Stormwater Utility Ordinance) to update definitions, updating
County authority to manage the stormwater utility and establish assessments and utility fees
and provide for the process of granting credits; and 2. the Stormwater Utility Initial
Assessment Resolution relating to the provisions of the stormwater management system and
improvements; estimating costs of the system and benefits; establishing the method of
calculating the cost and collection of the stormwater utility fee; directing the preparation of the
stormwater utility fee rolls; setting a public hearing for the adoption of the final rate resolution
for the stormwater utility fee and directing the provision of notice and providing an effective
date, in accordance with Section 403.0893, Florida Statutes, pertaining to stormwater
programs.
OBJECTIVE: To approve an Amendment to Chapter 134, Article VII, of the Collier County Laws
and Ordinances (Code) and approve the Stormwater Utility Initial Assessment Resolution, to continue
the stormwater utility implementation process as directed by the Board of County Commissioners
(Board) on February 13, 2018.
CONSIDERATIONS: On November 18, 2014, the Board approved the Collier County Planning
Commission’s recommendation to seek an alternate source of funding to adequately fund Stormwater
Management related initiatives and operations (Item 9.A).
On November 3, 2015, the Board of County Commissioners discussed initiating an analysis of
development of a stormwater utility during the Integrated Water Resources Management Strategy
Workshop. The purpose of a stormwater utility feasibility study is to take a detailed look at all current
and future stormwater and surface water management needs and evaluate a mechanism that would
create a dedicated restricted funding source that would support the stormwater program.
On December 8, 2015, at a regular Board of County Commissioners meeting, the Board authorized
staff to secure a consultant and begin Phase I of the stormwater utility review and analysis (Item
16.A.20). A notice to proceed was issued on April 19, 2016, for consultant Amec Foster Wheeler
Environment & Infrastructure, Inc. to complete the Phase I portion of the project.
On September 27, 2016, staff along with Amec Foster Wheeler Environment & Infrastructure, Inc.
provided the Board of County Commissioners with an overview of a stormwater utility (Item 11.C).
The Board directed the County Manager to proceed with a stormwater utility feasibility study, Phase
II, that would evaluate an alternative dedicated funding source for ongoing and future Stormwater
Management related initiatives and operations; and to bring the findings of the study back to the
Board for future consideration on implementation.
On June 27, 2017, the Board of County Commissioners directed the County Manager to proceed with
Phase II of the analysis to develop and provide the necessary study and materials required to properly
make major policy decisions regarding rate structure, billing methodology, levels of service, and rate
study methodology for implementing a stormwater utility for Collier County. A notice to proceed was
issued on July 17, 2017 for consultant Stantec Consulting Services, Inc. to complete the Phase II
portion of the project.
On October 10, 2017, Stantec Consulting Services, Inc., along with county staff, presented an update
presentation on the stormwater utility phase II rate study. Board of County Commissioners directed
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the County Manager to continue forward with the Phase II analysis (Item 11.B).
On February 13, 2018, the Board of County Commissioners approved the Collier County Stormwater
Utility Rate Study, establishing a stormwater rate structure of $120 per Equivalent Residential Unit
(ERU) with the Level of Service of Industry Standard, billing methodology, the rate study
methodology for implementing a stormwater utility for Collier County, and established the use of the
uniform method of collecting non-ad valorem special assessments, levied within the unincorporated
area of Collier County, for the provision of stormwater services, facilities, and programs.
This item provides the needed changes and updates to Chapter 134, Article VII of the Code, in order
to provide the regulatory framework to implement the Stormwater Utility. In addition, the required
Stormwater Utility Initial Assessment Resolution has been prepared, in accordance with F.S.
403.0893, which specifically authorizes and encourages the County to provide Stormwater
Management Services and create Stormwater programs and adopt Stormwater charges sufficient to
plan, construct, operate and maintain the Stormwater management systems. These actions are the
next required steps of the implementation plan. The remaining key dates and milestones required as
part of the Stormwater Utility process are as follows:
July 2018: Accept the Master Account File (MAF) as the basis for sending stormwater utility
billings
August 2018: TRIM notices and/or direct mail notices sent out to property owners. Direct
mail notices may be sent before August 2018.
September 2018: Final adoption of rate at first budget hearing
September 15th, 2018: Certify the MAF for the Tax Collector
November 1st, 2018: Stormwater Utility assessment included on the annual property tax bill
The public information/engagement program will continue to provide updated information regarding
the status of the Stormwater Utility, which will include updated information and access to the
dedicated stormwater utility website (www.collierstormwater.com) and the coordination of additional
public meetings or hearings to assist in conveying information about the Utility to the public and
elected officials.
FISCAL IMPACT: The Stormwater capital and maintenance activities have been traditionally
supported by annual appropriations from both the General Fund (001) and Unincorporated General
Fund (111). The past twenty years have focused heavily on improvements to t he Lely Area
Stormwater Improvement Program (LASIP) to benefit the general watershed, and thus funded
appropriately with General Fund revenues. With LASIP in the close-out phase, there has been a
focused shift to improving the stormwater system in more rural areas of the county.
A transfer of $4,267,900 in FY18 from the Unincorporated Area General Fund (111) comprised
54.3% of the total funding to the Stormwater Capital Improvement Program, and that percentage is
expected to grow as projects continue to focus on areas outside of the general county watershed. The
current level of funding from General Governmental revenues is insufficient to fully support the
needs of both maintaining and improving the stormwater system. The “pay-as-you-go” method of
cash flowing the projects has become a detriment to the level of service demanded by our full -time
and seasonal residents, and without the proposed assessment, debt service or a millage increase may
become feasible next options. By authorizing a Stormwater Utility assessment, a new and
incremental revenue stream, there will be a sizeable offset to the burden on both the General Fund
and Unincorporated Area General Fund, and allow for increased appropriations to other general
governmental services which rely heavily, or solely, on those funding sources.
If the Stormwater Utility is approved, a non-ad valorem special assessment would be levied within
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the Unincorporated Area and placed on the annual property tax bill as a separate line item for the
provision of stormwater services, facilities, and programs. As detailed in the presentation on February
13, 2018 this funding source is estimated to generate approximately $21 million annually for use
specifically, and restricted to, Stormwater Capital, Maintenance and support activities. Funding at
this level will provide the County with the resources to proactively address Stormwater issues,
improve level of service for maintenance activities and continue to improve planning and construction
efforts throughout the County related to the Stormwater Capital Program.
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: This item is consistent 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 approve an Amendment to Chapter 134, Article VII, of Collier County
Laws and Ordinances and the Stormwater Utility Initial Assessment Resolution, in consideration and
as part of the stormwater utility implementation process.
Prepared by: Gino Santabarbara, Principal Planner, Capital Project Planning, Impact Fees and
Program Management Division
ATTACHMENT(S)
1. legal ad - stormwater utility (PDF)
2. Final SW Reso 4.3.18 (PDF)
3. SWU Ordinance (PDF)
4. Stormwater Utility Phase III v2 (PPTX)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doc ID: 5133
Item Summary: Recommendation to approve: 1. An Amendment to Chapter 134, Article VII, of
the Collier County Laws and Ordinances (Stormwater Utility Ordinance) to update definitions, updating
County authority to manage the stormwater utility and establish as sessments and utility fees and provide
for the process of granting credits; and 2. the Stormwater Utility Initial Assessment Resolution relating to
the provisions of the stormwater management system and improvements; estimating costs of the system
and benefits; establishing the method of calculating the cost and collection of the stormwater utility fee;
directing the preparation of the stormwater utility fee rolls; setting a public hearing for the adoption of the
final rate resolution for the stormwater utility fee and directing the provision of notice and providing an
effective date, in accordance with Section 403.0893, Florida Statutes, pertaining to stormwater programs.
Meeting Date: 04/10/2018
Prepared by:
Title: Senior Grants and Housing Coordinator – Capital Project Planning, Impact Fees, and Program
Management
Name: Gino Santabarbara
03/28/2018 11:43 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
03/28/2018 11:43 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/28/2018 12:04 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/28/2018 2:12 PM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 03/28/2018 3:45 PM
Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 03/28/2018 5:08 PM
Growth Management Department Gene Shue Additional Reviewer Completed 03/29/2018 8:56 AM
Growth Management Department Gino Santabarbara Deputy Department Head Review Skipped 03/29/2018 9:01 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/29/2018 5:46 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/30/2018 9:05 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/02/2018 10:03 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/04/2018 11:29 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/04/2018 11:59 AM
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Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
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Packet Pg. 40 Attachment: legal ad - stormwater utility (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 41 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 42 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 43 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 44 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 45 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 46 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 47 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 48 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 49 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 50 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 51 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 52 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 53 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 54 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 55 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 56 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 57 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 58 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 59 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 60 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 61 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 62 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 63 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 64 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 65 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 66 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 67 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 68 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 69 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 70 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 71 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 72 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 73 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 74 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 75 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 76 Attachment: Final SW Reso 4.3.18 (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 77 Attachment: SWU Ordinance (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 78 Attachment: SWU Ordinance (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 82 Attachment: SWU Ordinance (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
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Packet Pg. 83 Attachment: SWU Ordinance (5133 : Stormwater Utility:Ordinance Amendment and Initial Resolution)
Stormwater Utility
Ph ase III:
Implementation
April 10, 2018
Board of County Commissioners
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Packet Pg. 84 Attachment: Stormwater Utility Phase III v2 (5133 : Stormwater Utility:Ordinance Amendment and Initial
A B rief History…
2
§The Board of Commissioners discussed the benefits of a Stormwater Utility at an
Integrated Water Management Wo rkshop and authorized a Ph ase I study –
November/December 2015
§Information from the Phase I study was presented and the Board of Commissioners
gave further direction to proceed with a Phase II study, Rate analysis –September
2016
§Stantec was engaged to bring forward a Rate Study and to help address key
questions related to the a Stormwater Utility for Collier County –July 2017
§On February 13, 2018 the Board of Commissioners approved the Stormwater Utility
rate study
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Packet Pg. 85 Attachment: Stormwater Utility Phase III v2 (5133 : Stormwater Utility:Ordinance Amendment and Initial
Next Steps
u Pr oactively preparing for the upcoming
rainy season
u Pe rforming review of all existing
contracts
u Mowing
u Spraying
u Va c Tr uck Operations
u Pi pe cleaning
u Viewing and repair (video)
u Clearing & Grubbing
u Engineering & Consulting Services
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Packet Pg. 86 Attachment: Stormwater Utility Phase III v2 (5133 : Stormwater Utility:Ordinance Amendment and Initial
4
Improved Operations & Maintenance
Level of Serv ice
26.7 24.7
37.2
56.5
17.1 14.9
21.1
34.5
12.3 9.9
13.0
23.5
7.5 5.0 5.0
12.5
Storm Sewer Vaccuuming Curb Inlets Cleaned Catch Basin Cleaned Roadside Swale CleanedMaintenance Frequency (Years)Current LOS 1 LOS 2 Industry Standard
Improved LOS
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Packet Pg. 87 Attachment: Stormwater Utility Phase III v2 (5133 : Stormwater Utility:Ordinance Amendment and Initial
Public
Engagement
u Continuing efforts to provide
public information
u Have received a great deal of
positive public feedback
u Stormwater Utility website will
remain current, including regular
updates of upcoming milestones
and events
u Additional meetings to assist in
conveying information to the
public and elected officials
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Packet Pg. 88 Attachment: Stormwater Utility Phase III v2 (5133 : Stormwater Utility:Ordinance Amendment and Initial
Ti meline
Amendment to
Chapter 134, Article
VII, of Collier County
Laws and Ordinances
and the Stormwater
Utility Initial
Assessment
Resolution
April 10 2018
Accept the Master
Account File (MAF) as
the basis for sending
stormwater utility
billings
July 2018
TRIM notices and/or
direct mail notices
sent out to property
owners. Direct mail
notices may be sent
before August 2018
Aug. 2018
Final adoption of rate
at first budget hearing
Sep. 2018
Certify the MAF for
the Tax Collector
Sep. 15 2018
Stormwater Utility
assessment included
on the annual
property tax bill
Nov. 1 2018
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Packet Pg. 89 Attachment: Stormwater Utility Phase III v2 (5133 : Stormwater Utility:Ordinance Amendment and Initial
Re commendation
u To day’s recommendation approve an Amendment to
Chapter 134, Article VII, of Collier County Laws and
Ordinances and the Stormwater Utility Initial
Assessment Resolution, in consideration and as part of
the stormwater utility implementation process
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Packet Pg. 90 Attachment: Stormwater Utility Phase III v2 (5133 : Stormwater Utility:Ordinance Amendment and Initial