Agenda 11/13/2018 Item #11B11/13/2018
EXECUTIVE SUMMARY
Recommendation to accept an update on the Storm Water Utility initiative and provide
direction to the County Manager to develop a modified program for future Board
consideration based on the recommendations outlined in the staff report.
OBJECTIVE: To secure a dedicated funding source that is appropriate and sustainable for the
operation, maintenance, and capital needs of the county wide storm water system; and to provide
proper flood control, water quality, and rehydration of aquifers in a manner that protects property
values, the environment, and the safety of Collier County citizens and businesses.
CONSIDERATION: Over almost a 4-year period, Collier County (County) has worked on the
development and implementation of a Storm Water Utility to address the capital and maintenance
needs of the County’s expansive Storm Water Management System. A Storm Water Utility creates a
dedicated and restricted funding source that would support the storm water program without the
competing demands and funding fluctuations associated with a program primarily funded by ad
valorem taxes.
On April 10, 2018, the Board of County Commissioners approved the needed changes and updates
to Chapter 134, Article VII of the Collier County Code of Laws and Ordinances (Code), in order to
provide the regulatory framework to implement the Storm water Utility and the required Storm water
Utility Initial Assessment Resolution, in accordance with F.S. 403.0893, which specifically
authorizes and encourages the County to provide Storm water Management Services, creates Storm
water programs, and adopts Storm water charges sufficient to plan, construct, operate, and maintain
the Storm water Management Systems. The Board also authorized the mailing of the assessment
notices for parcels within Unincorporated Collier County.
On August 10, 2018 the official notices were mailed, which generated questions, concerns, and
comments as property owners received the notices. As part of this public vetting process, several
key items were identified, and potential solutions were developed to address the concerns. Providing
this information to the public became one of the primary challenges of this process and as a result,
on September 6, 2018, the Board of County Commissioners voted to postpone the implementation of
the storm water utility for 12 months to allow for additional review, alternatives, and public input.
Several key points were raised during the hearing:
• Targeted public outreach is needed.
Staff has continued to gather information and have discussions with residents and
businesses regarding the primary features and elements of the Storm Water Utility
program. Staff will move forward with additional stakeholder conversations and
establish a citizen’s steering committee including members representing the concerns
expressed. Further, the Productivity Committee has expressed their willingness to
assist with this effort and has received an initial presentation from staff with the
background information on the issue.
• The program must be easy to understand and fair.
As identified early on, intricate credit systems, complicated ratio calculations, and
layers of administrative requirements increase confusion. Any program moving
forward must be balanced and fair, but also understandable and reasonable.
11.B
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11/13/2018
• Provide an explanation/cover letter with the official notices.
The official notice is a statutory requirement, with specific legal language that must be
included. This language can be confusing and may cause concern for some property
owners. Should the Board elect to move forward with the Storm Water Utility
process, a cover letter will be developed to accompany the notices, explaining the
legal requirements and providing other pertinent information.
• Address concerns raised by Community Development Districts (CDD).
Staff will work with the individual CDDs to address the concerns raised and identify
any needed adjustments based on storm water discharge points, etc.
• Are there exemptions / how are public schools and government buildings being assessed?
The only exemption is related to permitted Agriculture, which is a statutory
requirement. Currently, the issue related to assessments for public schools is in the
Courts. On the advice of outside counsel, both public schools and government
buildings have calculated assessments, but those costs will be paid by the County,
through a General Fund transfer. Staff will monitor the ongoing cases related to
public school assessments and advise of any needed changes in policy.
• How to ensure the accuracy of data?
The data will continue to be reviewed and refined for accuracy. In the event an error
is identified in the future there is an established process to correct the issue.
• How will the money be spent (Capital Projects)?
The current Annual Update and Inventory Report (AUIR) identifies capital projects
scheduled in the upcoming 5 years. The current AUIR has over a $33 million shortfall
due to funding constraints. There are numerous projects that are not yet pr ioritized,
bringing the Storm water Capital Project needs to well over the $120 million-dollar
backlog that has been discussed. Staff has detailed information on project needs
throughout the County, which will also be shared and discussed as part of the public
outreach.
• What can be done to address the system benefits of large lots?
Options for large lot credits are being developed for public input at Board direction.
Options will be straightforward for ease of understanding and application.
• What credit program is available for commercial properties?
A credit program for commercial/non-residential parcels with permitted water
management systems is being developed, including an option for older developments
to receive credits by taking certain proactive measures, providing education, etc.
• What can be done to assist churches based on the benefits they provide to the
community?
Churches will be eligible for the commercial/non-residential credit program (above).
In addition, staff is developing options to provide further offsets to the assessments for
churches based on benefits provided to the community.
• Will the funds be diverted to other program areas?
No. Storm water Utility Funds are statutorily restricted and, by law, cannot be used
for any purpose other than Storm water.
11.B
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11/13/2018
Prior to the hearing, based on comments, feedback and concerns received, the County Manager,
County Attorney, rate consultant, and staff initially developed two recommended changes:
Eliminate unpaved surfaces (gravel driveways, etc.) from the rate calculations and revise the
definition of impervious to exclude unpaved surfaces, consistent with the Land Development
Code (LDC) and South Florida Water Management District (SFWMD) definitions of
impervious. This change provides an appropriate reduction in the assessments for properties
throughout the County, including Golden Gate Estates, where many of the lots are very deep,
with houses set back from the street and have long driveways.
Revise Tier 3 to include all single-family parcels with impervious area greater than 5,400
square feet. This option incorporates the parcels currently included in the Individually
Calculated Group (“Tier 4”), with impervious area over 9,300 square feet, into Tier 3, with a
maximum cost of $192 (1.6 ERUs). Therefore, no single-family improved parcel will
have an annual assessment in excess of $192.
These concepts were supported by the public and therefore should be included as part of any Storm
Water Utility Fee initiative moving forward. Additionally, as described above, the public provided
specific input on changes/clarifications to be incorporated when the concept is considered in the
future.
Therefore, staff recommends moving forward under the following direction:
1. Continue public outreach, including CDDs, with the assistance of stakeholders,
citizen’s steering committee, and the Productivity Committee.
2. Develop options to augment the Storm Water Utility rates by addressing unpaved
surfaces, adjustments to tiers which would limit the maximum single-family
assessments to $192, providing credits for large lots, developing a credit program for
commercial/non-residential parcels, providing further opportunities for offsets for
churches, and preparing a clear communication plan to address questions raised
(above) regarding the statutory process/notices, capital project planning, funding, etc.
3. In January 2019, request that the Board authorizes the required legal advertising (4
legal advertisements over a 4-week period) to preserve the right to utilize the Uniform
Method of Collection, which is the property tax bill, and notify the Property Appraiser
and Tax Collector of the County’s intent. This action is required by Statute and must
be completed by March 1, 2019. However, the action is non-binding and simply
preserves the County’s right to utilize this form of billing.
4. Finalize all information and options for presentation to the Board in February 2019, at
which time the Board may elect to continue with the process to implement the Storm
Water Utility or move forward with a different option. A schedule of milestones (and
statutory requirements) related to the implementation of the Storm Water Utility is
included as an attachment to this item.
FISCAL IMPACT: The current level of funding from the General Fund (001) and Unincorporated
Area General Fund (111) is not sufficient to achieve an expanded level of storm water capital and
maintenance funding consistent with industry standards. Without implementing a dedicated storm
water assessment, some level of capital financing, in conjunction with increasing General Fund
(001) and Unincorporated Area General Fund (111) maintenance dollars, will be required to advance
the program beyond the current “pay go” standard.
11.B
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11/13/2018
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no
legal issues, 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 Storm Water Management and the Conservation and Coastal
Management elements of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners accepts the update on the Storm
Water Utility and direct the County Manager to continue the process in accordance with the staff
recommendation detailed above.
Prepared by: Amy Patterson, Director
Capital Project Planning, Impact Fees & Program Management, GMD
ATTACHMENT(S)
1. Attachment A. Schdule.Milestones (PDF)
2. Stormwater Utility Update v7 (PPTX)
11.B
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11/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Doc ID: 7193
Item Summary: *** This item was continued from the October 23, 2018 BCC Meeting. ***
Recommendation to accept an update on the Storm Water Utility initiative and provide directi on to the
County Manager to develop a modified program for future Board consideration based on the
recommendations outlined in the staff report. (Thaddeus Cohen, Growth Management Department
Head)
Meeting Date: 11/13/2018
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
10/30/2018 10:27 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
10/30/2018 10:27 AM
Approved By:
Review:
Growth Management Department Michael Cox Level 1 Reviewer Skipped 10/30/2018 10:26 AM
Growth Management Department Michael Cox Deputy Department Head Review Skipped 10/30/2018 10:26 AM
Growth Management Department Michael Cox Department Head Review Skipped 10/30/2018 10:26 AM
Capital Project Planning, Impact Fees, and Program Management Michael Cox Additional Reviewer Skipped 10/30/2018 10:26 AM
Capital Project Planning, Impact Fees, and Program Management Michael Cox Additional Reviewer Skipped 10/30/2018 10:26 AM
County Attorney's Office Michael Cox Level 3 County Attorney's Office Review Skipped 10/30/2018 10:26 AM
Budget and Management Office Michael Cox Additional Reviewer Skipped 10/30/2018 10:26 AM
Office of Management and Budget Michael Cox Level 3 OMB Gatekeeper Review Skipped 10/30/2018 10:26 AM
County Attorney's Office Michael Cox CAO Preview Skipped 10/30/2018 10:26 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/04/2018 1:49 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM
11.B
Packet Pg. 395
The following are upcoming key dates and milestones required as part of the Stormwater Utility process:
October 2018:
• Presenting stormwater utility options for BCC consideration
November 2018:
• Public Outreach Program
• Development/Evaluation of Billing
• Obtain approvals from Collier County Tax Collector & Property Appraiser
January – March 2019:
• BCC approval to advertise intent to utilize the uniform method of collection (non-binding)
• Update rate study as the basis for the Master Account File
• Legal Notice of Intent to Utilize the Uniform Method of Collection: 4 consecutive weeks
February – April 2019:
• Prepare/finalize and advertise the resolution establishing the initial rate structure
• BCC approval of initial rate structure
May 2019:
• Assessment notices are sent out to property owners
June - July 2019:
• Work through any remaining issues and concerns
• Accept the Master Account File (MAF) as the basis for sending stormwater utility billings
• Final adoption of rate structure
September 2019:
• Certify the MAF for the Tax Collector
October 2019 (last working day of the month):
• Send out the annual stormwater utility bills
11.B.1
Packet Pg. 396 Attachment: Attachment A. Schdule.Milestones (7193 : Stormwater Utility Update)
Stormwate r Utility
Update
October 23, 2018
Board of County Commissioner
11.B.2
Packet Pg. 397 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
Why the County
manages stormwater?
Flood Control / Property Protection
§Maintenance of the stormwater system protects individual and personal
property
§Ensures roadways are accessible
Water Quality
§Stormwater management is essential to protect the beauty of the natural
environment (local water ways)
Regulatory Requirements
§The County’s stormwater system discharges are subject to Clean Water Act
§County is required perform stormwater management activities to comply
with stormwater discharge permit
11.B.2
Packet Pg. 398 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
Key System Challenges
•Aging Infrastructure -Current level of reinvestment is not
sustainable
•Inadequate maintenance -Current program resources
do not allow for maintenance to occur at industry
standards
•Lack of equity in current funding approach -Limited
correlation between property value and use of the
stormwater system
•Reactive program -Complaint and crisis based program
11.B.2
Packet Pg. 399 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
LEVEL OF
SERVICE
COMPONENTS
Tw o primary level of service components to providing
stormwater service:
System Operations and Maintenance
Day to day management and maintenance of the
system
Ensure the system is running as efficient as possible
Capital Projects
Re pair and replacement of system assets
System improvements
11.B.2
Packet Pg. 400 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
Guiding Principals
Proactive Maintenance
•Proactive pipe replacement project was executed on a portion
of the Mockingbird Lake stormwater outfall
ü Cost: $163/ft. of HDPE pipe replacement
•One month prior, an adjacent section of the same pipe failed
under Ridge Drive. Road was closed, Mockingbird Lake
overflowed causing significant street and yard flooding.
ü Cost: $1920/ft. of pipe replacement + $40k for emergency
pumping
•Reactive maintenance costs were over 10 times cost of
proactive maintenance
Stormwater Utility: Planning For Success
11.B.2
Packet Pg. 401 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
Stormwater Maintenance Activities
Maintenance Activity
Storm Sewer
Vacuuming
Curb Inlet
Cleaning
Catch Basin
Cleaning
Roadside Swale
Cleaning
6,000+
curb
inlets
6,000+
curb
inlets
6,000+
curb
inlets
690+
miles of
roadside
swales
690+
miles of
roadside
swales
690+
miles of
roadside
swales
375+
miles of
storm
sewer
pipes
375+
miles of
storm
sewer
pipes
375+
miles of
storm
sewer
pipes
6,000+
catch
basins
6,000+
catch
basins
6,000+
catch
basins
11.B.2
Packet Pg. 402 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
Current System Maintenance
Typical Industry
Standard
7.5 Y ears
5 Years
5 Years
12.5 Years
How can we
improve our level
of service?
Two Questions
What level of
service do we
want?
Maintenance
Activity
Storm Sewer
Vacuuming
Curb Inlet
Cleaning
Catch Basin
Cleaning
Roadside Swale
Cleaning
Current Pace to
Address Entire
County
27 Years
25 Years
37 Years
57 Years
11.B.2
Packet Pg. 403 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
Capital Project Level of Service
The County originally identified $120 million in stormwater capital needs to be addressed over
next 7 years. This does not represent the entirety of the needs and in fact this number has
substantially increased.
1)The Annual Update and Inventory Report (AUIR)developed by Growth Management outlines
the minimum capital needs for priority projects: $10.1 million per year and cost continue to
escalate.
2)Partnership projects have been identified that would allow the County’s stormwater system to
partner with other utilities (i.e. water and sewer): $3 million per year
3)Additional projects to provide system repair and replacements: $1.9 million per year
11.B.2
Packet Pg. 404 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
RESPONSE TO
PUBLIC
COMMENTS
Key Takeaways: based on public comments and input from
meetings including but not limited to the following:
•September 6th 2018 Budget Hearing
•September 19th 2018 Golden Gate Estates Civic Association
•October 11th 2018 Productivity Committee
11.B.2
Packet Pg. 405 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
Key Takeaways
•Targeted public outreach
o Staff has continued to gather information and have discussions with residents and businesses regarding
the Stormwater Utility,Stormwater Management needs,projects,etc.
o Upon direction of the Board,staff will move forward with:
§Additional stakeholder conversations
§Work with a citizen’s steering committee,with members representing the concerns expressed
§Productivity Committee has expressed their willingness to assist with this effort
•Address concerns raised by Community Development Districts (CDD)
o Upon direction by the Board,staff will work with the individual CDDs to address the concerns raised
and identify any needed adjustments based on stormwater discharge points,etc.
11.B.2
Packet Pg. 406 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
Key Takeaways
•How are public schools and government buildings being assessed?
o The only exemption is related to permitted Agriculture,which is a statutory requirement. Currently,
the issue related to assessments for public schools is in the Courts. On the advice of outside
counsel,both public schools and government buildings have calculated assessments,but those
costs will be paid by the County,through a General Fund transfer. Staff will monitor the ongoing
cases related to public school assessments and advise of any needed changes in policy.
•How to ensure the accuracy of data?
o The data will continue to be reviewed and refined for accuracy. In the event an error is identified
in the future there is an established process to correct the issue.
11.B.2
Packet Pg. 407 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
Key Takeaways
•How will the money be spent (Capital Projects)?
o The current Annual Update and Inventory Report (AUIR)identifies capital projects
scheduled in the upcoming 5 years. The current AUIR has over a $33 million shortfall due
to funding constraints. There are numerous projects that are not yet prioritized,bringing
the Stormwater Capital Project needs to well over the $120 million-dollar backlog that has
been discussed. Staff has detailed information on project needs throughout the County,
which will also be shared and discussed as part of the public outreach.
•What can be done to address the system benefits of large lots?
o Options for large lot credits are being developed for public input at Board direction.
Options will be straightforward for ease of understanding and application.
11.B.2
Packet Pg. 408 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
Key Takeaways
•What credit program is available for commercial properties?
o A credit program for commercial/non-residential parcels with permitted water
management systems is being developed,including an option for older developments
to receive credits by taking certain proactive measures,providing education,etc.
•What can be done to assist churches based on the benefits
they provide to the community?
o Staff is developing options to provide further offsets to the assessment.
•Will the funds be diverted to other program areas?
o No. Stormwater Utility Funds are statutorily restricted and,by law,cannot be used for any
purpose other than Stormwater.
11.B.2
Packet Pg. 409 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
NEXT STEPS Review and consideration of potential next steps.
11.B.2
Packet Pg. 410 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)
Next Steps
v Staff recommends moving forward with the process:
v Continue public outreach, including CDDs,with the assistance of stakeholders, citizen’s
steering committee, and the Productivity Committee
v Develop options to augment the Stormwater Utility rates by:
v Adjustments to tiers which would limit the maximum single-family assessments to $192
v Providing credits for large lots
v Developing a credit program for commercial/non-residential parcels
v Providing further opportunities for offsets for churches
v Removing unpaved surfaces calculations
v Preparing a clear communication plan
v In January 2019, request that the Board authorize the required legal advertising to preserve
the right to utilize the Uniform Method of Collection, which is non-binding and simply
preserves the County’s right to utilize this form of billing
v Finalize all information and options for presentation to the Board in February 2019
11.B.2
Packet Pg. 411 Attachment: Stormwater Utility Update v7 (7193 : Stormwater Utility Update)