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