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Agenda 01/29/2008 Item #10D Agenda Item No. 100 January 29, 2008 Page 1 of 19 EXECUTIVE SUMMARY Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida, to amend and clarify the County's Storm water Funding Policy; Funding of Stormwater Management; Findings and Purpose; Capital and Operating Budget; Definitions; superseding Board Resolution No. 2005-115; and providing an effective date. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to adopt a Resolution to clarity the funding, operation and management of the County's stormwater systems. CONSIDERATIONS: In 1991, the Board of County Commissioners approved Ordinance No. 91-27, establishing a Stormwater Utility for Collier County. Ordinance No. 91-27 established the "Stormwater Utility enterprise fund" to account for all revenues, expenditures, assets, earnings of the utility, in which all revenues from the stormwater utility shall be deposited, and that such monies shall, in order of priority, (i) pay the costs of operations and maintenance, (ii) debt service, and (iii) extension and replacement of the system. ( On June 22, 2004, the Board of County Commissioners approved item lOG of the County Managers Report entitled "Recommendation to adopt a Stormwater Funding policy for the Capital Improvement Program to ensure adequate flood protection and water quality, estimated fiscal impact of $140 million from Collier County with a total of $346 million over the next 20 years." The Board concurred with an overall funding program that included proportionate cost share for stormwater improvements from Collier County, Big Cypress Basin of the South Florida Water Management District, Municipal Services Taxing Units (MSTUs) and other grants (See Attachment 3). On March 5, 2005, the Board of County Commissioners adopted Resolution No. 2005-115 entitled "Resolution of the Board of County Commissioners of Collier County, Florida, directing that ad valorem revenues (generated from 0.15 mills) shall be dedicated to Collier County's Stormwater Utility for fiscal year 2006 and for the next nineteen fiscal years." The Board directed that these revenues be deposited into "Fund 325 - the Stormwater Capital Improvement Fund." On January 25, 2007 the Board of County Commissioners approved Ordinance No. 2007-11 amending the Collier County Growth Management Plan (GMP) that includes the Drainage Sub- Element of the Public Facilities Element. This portion of the GMP inventories the stormwater management activities within unincorporated Collier County and establishes the goal of providing drainage and flood protection for existing and future development, minimize degradation of quality of receiving waters and surrounding natural areas and protect the functions of natural groundwater aquifer recharge areas. The County's Transportation Services Division is responsible for the management of the stormwater drainage systems associated with County roadways as well as the Secondary Drainage system, and is responsible to assure compliance with the County's National Pollutant Discharge Elimination System (NPDES) Phases II MS4 General permit. Agenda Item No. 100 January 29, 2008 Page 2 of 19 On June 12, 2007 the Board of County Commissioners directed that a Consolidated StorrIlwater Ordinance/Reso lution that clearly defines responsibility for constructing, operating and maintaining stormwater facilities be brought back to the Board for consideration. Collier County has more than 130 lineal miles of canals, 41 water level control structures, and 3 pump stations that are operated and maintained by the County. This system of stormwater drainage facilities is referred to as the Secondary Drainage System. The network of roadside drainage facilities within County and State Transportation easements are operated and maintained by the County as part of the roadside Tertiary System. In addition there are many neighborhood drainage systems that are privately owned and not maintained by the County. The Board of County Commissioners recognizes that to meet the needs of the community, it is important that the Secondary Drainage System be preserved and improved in order to provide adequate facility capacity to receive the discharge from neighborhoods and roadside tertiary drainage systems in order to protect the health, safety and welfare of the citizens of the County. Unfortunately, funding from the Big Cypress Basin, MSTUs and other grants as identified in the 2004 Stormwater Funding Policy has not materialized and the Florida State Legislature has restricted the County's ability to generate future revenue from MSTUs by requiring an adjustment to the County-wide ad valorem tax to offset revenues received from any new MSTU, unless action is taken by the Board by supermajority vote to exceed the prior millage rate for ad valorem taxes. Attached are two (2) Resolutions. Both seek to clarity that tax revenues generated by 0.15 mils of the County's ad valorem taxes are to be deposited into Fund 324 and Fund 325 to be expended for administration of the NPDES Phase II MS4 General Permit and for planning and design of stormwater projects for improvements and maintenance of the Secondary System. The Resolution in Attachment #1 focuses current funding towards improvement of the Secondary System with funding for improvements, and for maintenance of the Tertiary System only if such maintenance is the most effective and efficient means to resolve a Secondary System deficiency; or when there is a specific health, safety and welfare concern regarding the Secondary System or any Tertiary System. The Resolution in Attachment #4 maintains the current proportionate share for stormwater projects (Attachment #3) and would require the Board to pass the increased millage in the Approved Budget to include the proceeds of approved Stormwater MSTU/BU's. While greater funding will be realized under this second approach, there has been difficulty mandating the formulation of MSTU/BU's, typically grant funding has only been available for larger secondary projects, and, to protect current programs, the millage would need to be adopted during budget development by superm:ljority vote to cover the proceeds of established MSTU/BU's. FISCAL IMPACT: Funding of the Stormwater Utility by 0.15 mils of ad valorem revenues until Fiscal Year 2024-2025 represents an anticipated fiscal impact of approximately $12,000,000 (Twelve Million Dollars) per fiscal year for the next seventeen fiscal years, until and including Fiscal Year 2024-2025. Agenda Item No. 100 January 29, 2008 Page 3 of 19 GROWTH MANAGEMENT IMPACT: These Resolutions are consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the Resolution in Attachment # I amending and claritying the County's Stormwater Funding Policy; Funding of Stormwater Management; Findings and Purpose; Capital and Operating Budget; Definitions; Superseding Board Resolution No. 2005-115; and providing an effective date. 2. Authorize the Chairman to execute same on behalf of the Board. OR 1. Maintain the current Funding Policy with proportionate funding shares, including the use ofMSTU/BU's. 2. Set policy that will require the formulation of MSTU/BU's and the increase in General Revenue taxes by increased millage in supermajority vote of each budget to include the proceeds of approved MSTU/BU's. 3. Authorize the Chairman to execute same on behalf of the Board. Prepared By: Eugene Calvert, P.E. - Director, Stormwater Management Department Attachment: (I) Resolution for focus on Secondary System; (2) 2007 AUIR Facility Summary Form; (3) Current Funding Policy Proportionate Fund Split; (4) Resolution for Superrnajority Vote to expand millage for approved MSTU/BU's. Page lof2 Agenda Item No. 100 January 29, 2008 Page 4 of 19 ( COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 100 Item Summary: Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida, to amend and clarify the Countys Stormwater Funding Policy; Funding of Stormwater Management: Findings and Purpose; Capital and Operating Budget; Definitions; superseding Board Resolution No. 2005-115; and providing an effective date. (Norman Feder, Transportation Services Administrator) Meeting Dale: 1/29/200890000 AM Prepared By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 1114/200810:29:49 AM Approved By Eugene Calvert Principal Project Manager Date Transportations Services Transportation Engineering and Construction Management 1/14/200810:31 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Dale Transportation Services Transportation Services Admin. 1/14120084:16 PM Approved By Caroline Soto Administrative Assistant Date Transportation Services Transportation Engineering and Construction 1/15/2008 9:45 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/15/200812:37 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/15/2008 1 :23 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 1/16/20089:32 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/17/2008 2:17 PM Approved By file:IIC:\Ag~ndaTest\Export\92-Januarv%2029 %202008\ I O.%20COI JNTY%?OMANAGK... 101L?OOR Page 20f2 Agenda Item NO.1 00 January 29, 2008 Page 5 of 19 James V. Mudd Board of County Commissioners County Manager Dale County Manager's Office 1/22/20087:09 PM file:/LC'\AllendaTest\Exnort\99-Janllarv%2029 %202008\ 1 0.%20COI JNTY%?OM A NAClR.. li?1000R Agenda Item No.1 aD January 29, 2008 Page 6 of 19 ATTACHMENT #1 RESOLUTION NO. 2008- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO AMEND AND CLARIFY THE COUNTY'S STORMWATER FUNDING POLICY; FUNDING OF STORMWATER MANAGEMENT; FINDINGS AND PURPOSE; OPERATING BUDGET; DEFINITIONS; SUPERSEDING BOARD RESOLUTION NUMBER 2005-115; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County is responsible for many Tertiary and Secondary stormwater system facilities in unincorporated Collier County: and WHEREAS, the effective management of the County's stormwater systems is to provide drainage and fiood protection for existing and future development, to minimize degradation of the quality of receiving waters and surrounding natural areas, and to promote groundwater aquifer recharge areas; and WHEREAS, the Board recognizes the need to provide adequate levels of funding to support management, planning, operation, construction, maintenance, repairs to and replacements of the above-referenced stormwater facilities, including compliance with the County's obli9ations regarding the National Pollutant Discharge Elimination System (NPDES) Program: and WHEREAS, this Resolution is to amend and clarify the County's stormwater funding policy regarding management, planning, operation, construction, maintenance, repairs to and replacements of the above-referenced County stormwater facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Funding of Stormwater Management. 1. To the greatest extent authorized by law, all of the County's applicable officers and employees are hereby directed that the dollar amounts of the County's ad valorem tax revenue received in Fiscal Year 2008 and for the next seventeen years (resulting from applying in each fiscal year a millage rate of 0.15 mills), shall be dedicated to the County's Stormwater Utility by depositing these revenues into Fund 325 and Fund 324. 2. Fund 325 funds (a) the stormwater planning and design of projects that typically utilize services of professional consultants; (b) construction and management of capital improvements to, and maintenance of, the County's Secondary System; (c) capital improvements to, and maintenance of, the Tertiary System where such Tertiary System project is determined by staff to be the most cost effective and efficient means to resolve a Secondary System deficiency; or (d) when the Board of County Commissioners decides there is a specific health, r'genda Item No.1 aD January 29,2008 Page 7 of 19 safety or welfare concern regarding the Secondary System or Tertiary System; and (e) expenditures necessary for compliance ef with the County's "NPDES Phase II MS4 General Permit." Funds to pay for capital projects and maintenance projects funded from Fund 325 shall be allocated in each budget adopted by the Board of County Commissioners based on the Annual Update and Inventory Report (AUIR). Such projects shall be primarily focused on the County's Secondary System and be directed to increasing the cubic feet per second ftow capacity for flood control and acre feel slorage for water quality and acquifer recharge. 3. Fund 324 funds the administration of the County's Stormwater Department. SECTION TWO. Findings and Purpose. 1 This Resoiulion specifies and implements the County's stormwater funding policy to meet the demands of Collier County's rapid land development and population growth, and to promote, protect. and improve the health, safety and welfare of individuals by safe. reliable and economical administration, management, planning, construction, maintenance, repairs, replacements. and operation of the County's Secondary Stormwater System; and to fund the County's Tertiary Stormwater Systems when needed to facilitate operation of the functionally related County Secondary System. 2. Resolution No. 2005-115 provides for funding of "Fund 325 - The Stormwater Capital Improvement Fund" for implementation of the County's Stormwater Capital Improvement Program by depositing proceeds from 0.15 mills of ad valorem tax revenues into Fund 325 until and including Fiscal Year 2025. 3. This Resolution applies in combination with Ordinance No. 74-50, as amended, "Water Resources Management" (Article II of Chapter 90 of the County's Code of Laws and Ordinances); in combination with Article II of Chapter 62 of the Code of Law and Ordinances, "Flood Damage Protection" (Ordinance No, 86-28, as amended): and in combination with the Land Development Code, including Section 6.050.00 therein, "Water Management Systems and Drainage Improvements Standards." 4. Collier County does not fund the Primary System ("primary watercourses") because the Primary System is the responsibility of the Big Cypress Basin of the South Florida Management District ("District") pursuant to an Agreement, dated October 30, 2000, between the County and that District. That Agreement also provides that the County shall be responsible for planning, operation, maintenance and capital improvements of all secondary watercourses. The Big Cyprus Basin has historically provided funds to partially fund the County's maintenance of the Secondary System. Staff will continue to pursue such funding from the Basin. 2 Agenda Item No. 100 January 29, 2008 Page 8 of 19 5. The Funds listed in this Resolution are necessary to meet the County's stormwater needs. Adoption of various rates, fees, charges, fines, and penalties may be necessary in the future to meet the County's stormwater needs. 6. Money received from grants, developer agreements, Municipal Service Taxing Units/Benefit Units (MSTU/BU), donations, and other funding sources can be expended for all purposes regarding the County's stormwater systems as authorized by the respective budget approved by the Board of County Commissioners. 7. If any Fund(s) referenced in this Resolution is/are hereafter renumbered, the renumbered successor in function Fund shall continue to be subject to this Resoiution (as if not renumbered). SECTION THREE. Capital and Operating Budget. The Board shall adopt a Capital and Operating Budget not later than the first day of each Fiscal Year. Each Budget shall specify the estimated revenues and estimated costs for the Funds listed above in Section ONE. The Capital Budget may include funding for general maintenance, specific maintenance projects; and specific stormwater projects including specific major repairs, specific major replacements, and/or specific System extensions. SECTION FOUR. Definitions. "Capital improvement" means a stormwater project designed and constructed to improve the stormwater Level of Service through the construction of stormwater facilities including providing drainage and/or ftood protection for existing and/or future development, to minimize degradation of water quality of receiving waters and/or surrounding natural areas, and/or promote natural groundwater aquifer recharge areas. "Maintenance" means ordinary maintenance, including minor repairs and/or minor replacements required to keep the respective Stormwater System or part(s) thereof In a condition to function properly, or to prevent decline of pipes, culverts, canals, swales, ditches, control structures, and other stormwater facilities. The primary purpose of maintenance is to keep the Stormwater Facility functioning in the manner as designed. Improvements that increase the conveyance capacity or retention/detention capacity of the Facility are capital Improvements. "NPDES" - As used in this Resolution, NPDES is limited to the County's obligations under its "National Pollutant Discharge Elimination System (NPDES) Phase II MS4 General Permit," which regulates discharges of stormwater Into surface waters of the State of Florida from the County's Municipal Separate Storm Sewer System ("MS4"). In Collier County the MS4 includes the Secondary System, and Tertiary Systems including County and State road drainage systems. 3 Agenda Item No. 10D January 29, 2008 Page 9 of 19 "Primary System" means the Stormwater System that is neither the Secondary System nor any Tertiary System. The Primary System in unincorporated Collier County is administered, managed and controlied under the jurisdiction of the Big Cypress Basin of the South Fiorida Water Management District. "Secondary System" means the system of canals, ditches, swaies, outfalls and other structures that are neither part of the Tertiary System nor part of the Primary System. The Secondary System typicaliy receives stormwater from a Tertiary System or directly from a neighborhood's drainage system, and conveys such water directly into the Primary System watercourses or directly into a receiving water. The County's Secondary System is identified in a document created and up-dated from time to time by the staff of the County's Stormwater Department. "Stormwater Facilities" means tangible assets, including. but not limited to. ponds, pumps, pipes, culverts (including driveway culverts), inlets, weir control structures, canals, ditches, swales, and other appurtenant structures. "Tertiary System" means, and is limited to, small systems that have relatively limited conveying/holding capacity, as foliows: (a) Neighborhood drainage system that coliects stormwater from the respective neighborhood and conveys that stormwater away from that neighborhood into either the Secondary System, directly into the Primary System, or directly into a receiving water: or (b) Public maintained roadside stormwater system, including small roadside swales and retention/detention ponds, that provide stormwater connectivity from public roadway surfaces into either the Secondary System, directly into the Primary System, or directly into a receiving water. SECTION FIVE. This Resoiution supersedes Board Resolution Number 2005- 115. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of January 2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Deputy Clerk By: , Chairman Approved as to form and legal sufficiency By: Thomas C. Palmer, Assistant County Attorney 4 Agenda Item No. 10D January 29, 2008 Page 10 of 19 ATTACHMENT #2 2007 AUlR FACILITY SUMMARY FORM Facility Type: County Maintained Secondary Drainage Canals & Structures (Category A) Level of Scrvice Standard: New Development (subsequeut to January 1989) - 25 year, 3-day storm Existing Rural Estates (prior to January 1989) u 10 year, 3-day stonn The County Stormwater Department seeks to manage an important resource. As such, the Stonnwater Level of Service (LOS) reflects both Water Quality Trcatment (acre-feet) for recharge and water quality, as well as Flood Attenuation cubic feet per second (cfs) for fiood control. Consistent with the Growth Management Plan, this AUlR specifically addresses the four (4) projects in the Stormwater Capital Improvement Element (CIE) in relation to both treatment and conveyance. Beyond the specitie required reporting for the AUIR, the entire system of Secondary Drainage Canals and Structures is being assessed to detennine acre-feet and cfs capacities. This will fully document the capabilities of the Secondary System to treat and convey stormwater from the tertiary system to the primary system. which is maintained and operated by the Big Cypress Basin. Infomlation from the Watershed Management Plans underway will indicate needs vvhich, compared to the secondary system capacities, will identify the location and nature of deficiencies and direct the addition of projects for inclusion in future AUlR's and ClE's. While a new stormwater funding policy needs to be brought to the Board, it is recommended that no LOS be caleu lated for the tertiary system where the primary focus will be on maintenance by the Road and Bridge Department. This parallels the process for roadway LOS for the major transportation network that is modeled, but doesn't include local streets. As with transportation, it is proposed that capital project investments of the Stormwater Program Funding (.15mil) be focused on the Secondary Drainage Canals and Structures and the National Polutant Discharge Elimination System (NPDES). Under such a funding policy strategy, capital project funds only would be spent on the tertiary system where an improvement of tertiary system is shown as the most effective and efficient means to resolve a Secondary System deticiency or where there is a specific health, safety and welfare concern (i.e. flooding into homes) on the tertiary system. Again, this parallels the LOS and capital fund expenditures for roadways. This AUIR provides the basis for Board direction on the development of an updated Stormwater funding policy to be brought back for their approvaL Stormwater Improvement Budl!et FY 07-08 thru FY 11-12 Capital Improvement Element (CIE) Non-CIE Improvement Projects Total Stormwater Improvement Budget $ 74,253,580 $ 28.161.548 $102,415,128 The reporting for the four (4) ClE projects as provided for in the Growth Management Plan is as follows. Attachments A and B are provided to cover the full Five-Year Work Program for Stonnwater with the projects and revenues detailed, respectively. Staff Recommendation: That the BCC direct staff to include "Proposed CIE FY07-08 to FYII-12" major projects and studies as indicated on the spreadsheet footnote with existing and recommended revenues in the next Annual CIE Update and Amendment. CCPC Recommendation: Agenda Item No.1 00 January 29, 2008 Page 11 of 19 The Planning Commission recommended approval of the County Roads component of the 2007 AUIR with the following changes and recommendations: Update the summary form for Drainage Canals and Structures with the carry forward financial information; Correlate those values with exhibit "'B"' and "C"'; Remove $7 million in federal grant funds in FYlO-II and FY 11-12 due to uncertainty of securing those funds; Extend out the Drainage program due to adjustment of removal of the federal funds, Consider a way to account f{)r the FEMA flood elevations when arriving upon a LOSS for the County The mot ion passed unanimously. The changes sought by the ccpe have been incorporated within the 2007 AUlR. Productivitv Committee Recommendation: The Productivity Committee will provide separate recommendations to the BCC f{}J" the 2007 AUIR at its October 31st. meeting. 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"' co ~ ;2 .(1) E::l et:> ';2 o = c ~ v.c >- 0" " 0 w:ti 5.~ :a-; o 0 ro E ~ 0 = " o ro "'~ .8~ ,,-. ~-g -" 0 ~ W _fIl :; ~a. "EO 0 0.0 Q- ()= o ~ .c w :;=> V <Xl :g~ 00 0 0)= ".c ~" o ro:j "W.... "OlCl) ~'" 2~ ~ = iii" ~~ .= E .2 0 u.':= <--" a . a> N "d) v ill f'- ' o " ij; > ~ D '" 10 w . e5 0.:;::; o~ ",v c E t ~ ~g wD "D W W ::= N .~ ~ ::'E <(' 0.2 00 -> w ~ ,.c .00.... "'~ ",,s ~w :-=0) = Q 0" E g E W ow ~l3 o.c c~ o = E 0 to ro- g-o 0'7 .g8 "C>- ou. u:: 2 ..c .c- -", EO er-:.. _a v,. .Z:u.. 10- v W .: m DO ",,, 'C" N '" Go:Jo) oo~ ~o_ .NO o "('0 zf:3..- =: :>. 1) (l)~0l ~'"'" ~ ~o.. v'" =--~ (l) en .~ Agenda Item No. 10D January 29, 2008 Page140f19 ATTACHMENT #3 CURRENT STORMWATER FUNDING POLICY PROPORTIONATE SHARES Capital Projects Funding Split Secondary System 1/3 County, 1/3 MSTU/BU, 1/3 Grants Tertiary System y, County. \/, MSTU/BU Tidal Receiving Areas y, County, ]/, Grants. MSTU/BU** **MSTTJiBU ~~ After initial rehabilitatiolJ of the tidal areas. MSTU/BU's will he responsiblc for operation and maintenance. Agenda Item No. 100 January 29, 2008 Page 15 of 19 ATTACHMENT #4 RESOLUTION NO. 2008- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. TO AMEND AND CLARIFY THE COUNTY'S STORMWATER FUNDING POLICY; FUNDING OF STORMWATER MANAGEMENT; FINDINGS AND PURPOSE; OPERATING BUDGET; DEFINITIONS; SUPERSEDING BOARD RESOLUTION NUMBER 2005-115; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County is responsible for many Tertiary and Secondary stormwater system facilities in unincorporated Collier County: and WHEREAS, the effective management of the County's stormwater systems is to provide drainage and flood protection for existing and future development, to minimize degradation of the quality of receiving waters and surrounding natural areas, and to promote groundwater aquifer recharge areas; and WHEREAS, the Board recognizes the need to provide adequate levels of funding to support management. planning. operation. construction, maintenance, repairs to and replacements of the above-referenced stormwater facilities. including compliance with the County's obligations regarding the National Pollutant Discharge Elimination System (NPDES) Program: and WHEREAS, this Resolution is to amend and clarify the County's stormwater funding policy regarding management, planning, operation, construction, maintenance, repairs to and replacements of the above-referenced County stormwater facilities. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Funding of Stormwater Management. 1. To the greatest extent authorized by law, all of the County's applicable officers and employees are hereby directed that the dollar amounts of the County's ad valorem tax revenue received in Fiscal Year 2008 and for the next seventeen years (resulting from applying in each fiscal year a millage rate of 0.15 mills), shall be dedicated to the County's Stormwater Utility by depositing these revenues into Fund 325 and Fund 324. 2. Fund 325 funds (a) the stormwater planning and design of projects that typicaliy utiiize services of professional consultants; (b) construction and management of capital improvements to, and maintenance of, the County's Secondary System; or (c) capital improvements to, and maintenance of, the Tertiary System: and (d) expenditures necessary for compliance with the County's "NPDES Phase Ii MS4 General Permit." Funds to pay for capital Agenda Item No. 100 January 29, 2008 Page 16 of 19 projects and maintenance projects funded from Fund 325 shall be allocated in each budget adopted by the Board of County Commissioners based on the Annual Update and Inventory Report (AUIR). Such projects shall be primarily focused on the County's Secondary System and be directed to increasing the cubic feet per second flow capacity for flood control and acre feet storage for water quality and acquifer recharge. 3. Fund 324 funds the administration of the County's Stormwater Department. SECTION TWO. Findings and Purpose. 1. This Resolution speCifies and implements the County's stormwater funding policy to meet the demands of Collier County's rapid land development and population growth, and to promote, protect, and improve the health, safety and welfare of individuals by safe, reliable and economical administration, management, planning, construction, maintenance, repairs, replacements, and operation of the County's Secondary Stormwater System: and to fund the County's Tertiary Stormwater Systems when needed to facilitate operation of the functionally related County Secondary System. 2. Resolution No. 2005-115 provides for funding of "Fund 325 - The Stormwater Capital Improvement Fund" for implementation of the County's Stormwater Capital Improvement Program by depositing proceeds from 0.15 mills of ad valorem tax revenues into Fund 325 until and including Fiscal Year 2025. 3. This Resolution applies in combination with Ordinance No. 74-50, as amended, "Water Resources Management" (Article II of Chapter 90 of the County's Code of Laws and Ordinances); in combination with Article II of Chapter 62 of the Code of Law and Ordinances, "Flood Damage Protection" (Ordinance No, 86-28, as amended); and in combination with the Land Development Code, including Section 6.050.00 therein, "Water Management Systems and Drainage Improvements Standards." 4. Collier County does not fund the Primary System ("primary watercourses") because the Primary System is the responsibility of the Big Cypress Basin of the South Florida Management District ("District") pursuant to an Agreement, dated October 30, 2000, between the County and that District. That Agreement also provides that the County shall be responsible for planning, operation, maintenance and capital improvements of all secondary watercourses. The Big Cyprus Basin has historically provided funds to partially fund the County's maintenance of the Secondary System. Staff will continue to pursue such funding from the Basin. 5. The Funds listed in this Resolution are necessary to meet the County's stormwater needs. Adoption of various rates, fees, charges, fines, and penalties may be necessary in the future to meet the County's stormwater needs. 2 Agenda Item No. 10D January 29, 2008 Page 17 of 19 6. Money received from grants, developer agreements, Municipal Service Taxing Units/Benefit Units (MSTU/BU), donations, and other funding sources can be expended for all purposes regarding the County's stormwater systems as authorized by the respective budget approved by the Board of County Commissioners. 7. If any Fund(s) referenced in this Resolution is/are hereafter renumbered, the renumbered successor in function Fund shall continue to be subject to this Resolution (as if not renumbered). SECTION THREE. Capital and Operating Budget. The Board shall adopt a Capital and Operating Budget not later than the first day of each Fiscal Year. Each Budget shall specify the estimated revenues and estimated costs for the Funds listed above in Section ONE. The Capital Budget may include funding for general maintenance. specific maintenance projects; and specific stormwater projects including specific major repairs, specific major replacements, and/or specific System extensions. Generally. the cost of improvements to County stormwater facilities shall be shared in accordance with the following: Capital Proiects Fundinq Split Secondary System 1/3 County, 1/3 MSTU/BU, 1/3 Grants Tertiary System Y, County, Y, MSTU/BU Tidal Receiving Areas Y, County, Y, Grants, MSTU/BU** "MSTU/BU - After initial rehabilitation of the tidal areas, MSTU/BU's will be responsible for operation and maintenance. Rather than reducing the millage for General Funds ad valorem, the Board of County Commissioners may by supermajority vote increase the millage rate to include the MSTU/BU. SECTION FOUR. Definitions. "Capital Improvement" means a stormwater project designed and constructed to improve the stormwater Level of Service through the construction of stormwater facilities including providing drainage and/or flood protection for existing and/or future deveiopment, to minimize degradation of water quality of receiving waters and/or surrounding natural areas, and/or promote natural groundwater aqUifer recharge areas. "Maintenance" means ordinary maintenance, including minor repairs and/or minor replacements required to keep the respective Stormwater System or part(s) thereof in a condition to function properly, or to prevent decline of pipes, culverts, canals, swales, ditches, control structures, and other stormwater 3 Agenda Item No. 10D January 29, 2008 Page 18 of 19 facilities. The primary purpose of maintenance is to keep the Stormwater Facility functioning in the manner as designed. improvements that increase the conveyance capacity or retention/detention capacity of the Facility are capital Improvements. "NPDES"' - As used in this Resolution, NPDES is limited to the County's obligations under its "National Pollutant Discharge Elimination System (NPDES) Phase Ii MS4 General Permit,"' which regulates discharges of stormwater into surface waters of the State of Florida from the County's Municipal Separate Storm Sewer System ("'MS4"). In Coilier County the MS4 includes the Secondary System, and Tertiary Systems including County and State road drainage systems. "Primary System" means the Stormwater System that Is neither the Secondary System nor any Tertiary System. The Primary System in unincorporated Collier County is administered, managed and controlled under the jurisdiction of the Big Cypress Basin of the South Florida Water Management District. .'Secondary System" means the system of canals, ditches, swales, outfalls and other structures that are neither part of the Tertiary System nor part of the Primary System. The Secondary System typically receives stormwater from a Tertiary System or directly from a neighborhood's drainage system, and conveys such water directly into the Primary System watercourses or directly into a receiving water. The County's Secondary System is identified in a document created and up-dated from time to time by the staff of the County's Stormwater Department. "Stormwater Facilities" means tangible assets, including, but not limited to, ponds, pumps, pipes, culverts (including driveway culverts), inlets, weir control structures, canals, ditches, swales, and other appurtenant structures. "Tertiary System" means, and is limited to, small systems that have relatively limited conveying/holding capacity, as follows: (a) Neighborhood drainage system that collects stormwater from the respective neighborhood and conveys that stormwater away from that neighborhood Into either the Secondary System, directly into the Primary System, or directly into a receiving water; or (b) Public maintained roadside stormwater system, including small roadside swales and retention/detention ponds, that provide stormwater connectivity from public roadway surfaces into either the Secondary System, directly into the Primary System, or directly into a receiving water. SECTION FIVE. This Resolution supersedes Board Resolution Number 2005- 115. 4 Agenda Item No. 100 January 29, 2008 Page 19 of 19 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of January 2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Deputy Clerk By: , Chairman Approved as to form and legal sufficiency By: Thomas C. Palmer, Assistant County Attorney 5