Replacing the Stormwater Fee

Replacing the Stormwater FeeCity Council Business MeetingJune 5, 2012

HistoryStormwater Ordinance IssuesStormwater ProgramMaintenance and Swale RehabilitationMajor ProjectsStormwater Program Funding OptionsOverviewITT Installed Stormwater System from 1970-1983ITT Maintained Stormwater System until 1991PCCSC Maintained Stormwater System (No Swales) until 2005$3/Month for Platted Lots OnlyPCCSC Assets Transferred to City in 2005City Established Stormwater UtilityCity Maintenance for Whole Stormwater System (including Swales)$6/Month for Platted Lots Only$8/Month in 2008 for Platted Lots OnlyLetter from Developers Attorney Notifying of Intent to File Suit in April 2008Fee did not meet legal standards recently set by Florida Supreme CourtNew Stormwater Ordinance Adopted in 2011 to Meet Legal Standards

HistoryStormwater Ordinance Issues

Its Complicated. . .Stormwater is not your Typical Utility (i.e. water bill = base charge + gallons used)Some People without Swales Pay a Fee, Others without Swales Pay NothingCharges Differ for Similar Parcels, Adjacent to Canals, Credits Apply to Some, Not Others, etc.Commercial Billings Decreased 20% Under New OrdinanceHuge Increases for Some Customers

Some Bills Go Up, Others DownPrevious OrdinanceNew OrdinancePer MonthPer YearPer MonthPer Year70-ac. Lot$8.00$96.00$354.72$4,256.6419-ac. Lot$48.00$576.00$19.44*$233.28*100 Year Flood Plain Credit175 Parcels Never Received Bill Under Old OrdinanceUnder New Ordinance, Parcels would Receive a Bill Ranging from $1.92 to $18,700Not Mailed Yet, Scheduled for May 2012Total New Bills under New Ordinance (18 Month Period, Starting April 1, 2011): $342,000

Never Been BilledPublic Schools ($89k)Town Center CDD ($266k)Bankruptcy (i.e. Developer $600k Unpaid Fees)Areas Outside Service BoundaryAgricultural Exemption (@ $65k)Other ImpactsTotal Credited/Refunded from 2008-2011: $470,000Requests Made by September 30, 2011 Deadline$157k Paid to Addresses Outside City LimitsExample: 2 Big Box Credit/Refunds = $55,000Credits/RefundsGoing Back to 2004-2008 Refunds$153,000 (Address Within City)

Going Back to 2004-2008 Refunds$ 77,000(Address Outside City)

Total$230,000

Additional Credit/Refund RequestsOriginal Ordinance was going to be Challenged because it did not meet criteria for a FeeNew Ordinance attempted to address legal and technical requirements in the Eyes of a Judge, Lawyers, and Engineers through a complex process with billing adjustments, credits, refunds, appeals, etc.New Ordinance is Unfair in many ways to Property OwnersSome Bills Go Up, Some Go DownNever Been BilledSome People without Swales Pay a Fee, Others without Swales Pay NothingOthers (Town Center, Bankrupt Projects, Areas Outside Service Area, Schools, Agricultural Exemptions)

Stormwater Ordinance IssuesStormwater Gross BillingsLoan*OtherTotalFY 2010$6.5 M$8.0 M-$14.5 MFY 2011$5.8 M$1.2 M-$7.0 MFY 2012$4.9 M-$2.6 M$7.5 M*Total Loan Proceeds 2009-2011 = $11 MillionRevenue History11Stormwater Program

Expenses for FY2012 7.5M Swale Rehab: $1.45MValley Gutters: $125kMajor Projects: 2.16MStormwater ProgramMaintenance and Swale Rehabilitation

More Efficient and Effective Plan

Past Swale Maintenance - DitchmasterCompleted Work Order

More Efficient and Effective PlanGradingCompleted Work Order

Shooting ElevationsMore Efficient and Effective PlanGoodbye 800 List939 Work Orders, 917 Complete>6 Months = 05-6 Months = 04-5 Months = 13-4 Months = 12-3 Months = 11-2 Months = 6