Resolution 2008-080
RESOLUTION NO. 2008 - ~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING AND CLARIFYING THE
COUNTY'S STORMWATER FUNDING, OPERATION, AND MANAGEMENT
POLICY
WHEREAS, Collier County is responsible for many public Secondary and
Tertiary 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:
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 dedicated to the County's Stormwater Utility will be deposited into Fund 325
and Fund 324. Definitions of terms are noted in Attachment "A" which is made a part 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 within the existing secondary system of Collier County
3. Tertiary System 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 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 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.
Purpose of Funding 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 Stormwater 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
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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 stormwater system issue warrants an improvement, a
determination will be made by stormwater staff as to the issue's cause and responsibility.
Funding of such improvements will be 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 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 and as otherwise
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
ifnot renumbered).
Capital and Ooerating Budget.
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 storm water 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 25th day of March, 2008.
Br. ~ ~irC.
":.'.. Deputy Cl .
4tL_. . u a..t...... .
.t.~. .GIrl.
::S:;;iJL7~"
Scott R. Teach,
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS,
COLLIER C7TY, FLO A. .
By: :J1rL
Tom Henning, Chairman
ATTEST; "'1
DWIGHT E. BROCI(" Clerk
Item# ~
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Date
Rec'd
ATTACHMENT "A"
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
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.
"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 Systern 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 lirnited
conveyinglholding capacity, as follows: (a) Neighborhood drainage system that collects
stormwater from the respective neighborhood and conveys that stormwater away from
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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 srnall 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.
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