Fort Walton Beach Council minutes — 06-03-08 workshop minutes — reading text

157 MINUTES OF THE COUNCILWORKSHOP MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JUNE 3, 2008 INTRODUCTION A Council Workshop Meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 3, 2008, at 5: 30 p. m. with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves ( arrived at 6: 00 pm), Bill Garvie, Mayor Pro Tem; Dr. Wayne Pullen, and Mike Minich Absent: Councilmen Virgil Miller and Jim Hartwell; Interim Finance Director Brandy Wunker Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney ( arrived 5: 50 pm); and Department Directors CALL TO ORDER The Mayor called the meeting to order. He advised that Mr. Miller is receiving medical treatment in Houston; Mr. Hartwell is out of town on business; and Ms. Wunker had a previous appointment. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. WORKSHOP AGENDA-STORMWATER UTILITY Discussion regarding the development of a Stormwater Utility. John Hofstad, Utilities Director, advised that Tetra Tech was charged with putting the study and implementation together, and introduced Michael Bomar, Vice President of Tetra Tech, to discuss the process. Mr. Bomar briefed Council on the status of the Stormwater Utility Master Plan, and began by reporting that the City' s 29 drainage basins covers 7.4 square miles, and the infrastructure is over 70 years old. Mr. Bomar noted the City' s water quality concerns and the city-wide water quality initiative, future projects and costs, and ensuring the level of service for the citizens is taken care of in respect to stormwater management. Mr. Bomar advised a variety of elements go into a stormwater utility system, including a funding mechanism to provide capital improvement programs to determine level of standards; an inventory of the infrastructure; and the need to include new state and federal regulations in regards to the National Pollutant Discharge Elimination System ( NPDES) and the Total Maximum Daily Load ( TMDL) of a given pollutant that a particular water body can assimilate without exceeding surface water quality standards. Council discussion included the capital improvement projects developed by the consultant along with Staff assistance that was presented to Council in January. Further discussion included that the distribution of the cost for the Sylvania Heights/ Industrial Park Area project will be determined between the City and the County. The City Manager stated that the County has little interest to fund a Municipal Services Benefit Unit ( MSBU) and it would be difficult to make that a separate stormwater utility, and that an interlocal agreement with the County might be the best course of action. The City Attorney arrived at 5: 50 p. m. 158 Council Workshop 06/ 03/ 08 STORMWATER UTILITY (CONT) Mr. Bomar continued by discussing TMDL and NPDES permitting and compliance; the Stormwater Utility Experience in Florida; and the northwest Florida cities that currently have stormwater utilities, including Niceville, Gulf Breeze, and Pensacola. Mr. Reeves arrived at 6: 00 p. m. Mr. Bomar concluded by explaining the monthly Equivalent Residential Unit ( ERU) meant to represent a typical residence, whereby every residential property would pay a fee associated with one ( 1) ERU and non- residential properties would pay a fee based on increments of ERUs. He explained the differences between single family residential and non- single family residential, city- owned land, and vacant and uncleared land. The City Manager announced the schedule with the first reading for the Stormwater Utility Ordinance on June 10, 2008, and second reading of the ordinance on June 24, 2008. The Stormwater Utility Rate Resolution will be presented to Council in August of 2008, and if adopted, the program will be implemented on October 1, 2008. The Mayor asked if there was any public input regarding the Stormwater Utility Master Plan. Kabe Woods, 240 Brooks Street, mentioned this is the right idea to generate revenues, and asked that a clearer explanation of mitigation strategies be given to the public. FIRE ASSESSMENT FEE Discussion regarding the development of a Fire Assessment Fee. Fire Chief Mike Dutton advised that a Fire Assessment Fee would enable the department to continue to provide its current level of fire services, while fairly apportioning the cost between the recipients of fire services rather than burdening only ad valorem taxpayers in proportion to the taxable value of their property. Charlotte Dunworth, Budget/Grants Manager, explained that the assessment must provide a special benefit to property, and the benefits include protecting the value of structures and improvements and lowering the cost of fire insurance through the presence of a professional and comprehensive City fire program. She also explained the assessment must be fairly and reasonably apportioned, whereby the amount is relative to property size, property type, and fire services demand, as determined by historical fire call data, property size and type from property appraiser data, and fire protection services budget. Ms. Dunworth explained that due to reduced state shared revenues and property tax reform, Staff believes it is prudent to again evaluate the feasibility of a fire protection services charge, which was first evaluated in 2002. Ms. Dunworth explained that a tiered fire protection services charge is the fairest apportionment method relative to property size, property type, and fire services demand, and the assessment is levied based on equivalent residential unit or non- residential square footage. Certain properties such as churches, government, or vacant properties are excluded by state statute from the fire II protection services charge, and a Resolution of Intent is needed by City Council to move forward. Ms. Dunworth concluded by advising Council needs to consider whether a portion of the fire protection budget should be funded by an assessment; what dollar amount should be recovered through an assessment; and should non- residential properties be tiered or charged per actual square footage.  159 Council Workshop 06/ 03/ 08 FIRE ASSESSMENT ( CONTI The City Manager explained there are two ways to do assessments, either on the utility bills or a special billing from the City. She advised that typically they are done on a property bill and in order to put it on the property bill a deadline set by the property appraiser must be met. The City Manager stated if Council is interested in moving forward, the schedule and time frame would need to be discussed. Mr. Reeves expressed his concern regarding the number of workshops that have been held recently regarding adding fees for services, and stated his feeling that fire services is something that should be provided to the citizens without another fee being added. Mr. Minich expressed his feeling that the City' s fire department is the best and that it offers services above those of others, and in a year such as this with budget cuts you have to look at levels of service, and it is important to keep those services and that is the direction the City should move. Mr. Holmes questioned the fire services that would be eliminated if the City does not move ahead with an assessment. Chief Dutton responded that a fire prevention position would not be filled, and public education services, such as the fire safety house and the Learn Not to Burn program, would be eliminated. The Mayor noted that there is a possibility that fire services will be consolidated which will create a separate fire district, and if this occurs, the assessment would be moot. Chief Dutton advised the study is being done in Washington but does not know how long it will take to complete. The City Manager advised that if there is a fire district, a portion of property taxes will be taxed for that, and there will be a corresponding reduction in the City' s property taxes, but the cost of the fire district could possibly be more. Council questioned what the time- line would be if it was decided to move forward with the assessment. The City Manager responded that there was a move in the legislature to prohibit or limit municipality' s right to raise any additional fees, and that the City does not want to be legislatively prohibited from considering fees. She advised that the appraiser needs something by January 1, 2009, if there is intent for implementation of the assessment on January 1, 2010. Discussion ensued regarding the need for the public to be educated on an issue such as this. The City Attorney advised that in this process, a resolution of intent is adopted, and when that is adopted, the two ordinances are brought forward, and finally the fee resolution. She also explained that when dealing with an assessment or fee, churches, government entities, or non profits do not necessarily have to be excluded. The City Attorney noted that in the fire protection fee churches are excluded but they may not have to be, and in the stormwater utility churches were not excluded, and when looking at fees, the properties entitled to an exemption should be considered. Clarification was given that if the resolution of intent is not adopted, there is no need to go forward with the ordinances or the rest of the process. The City Manager explained that during the workshop process, it can be determined whether Council has an interest in moving forward with an issue before bringing it forward on a Council agenda. She also reminded that through public TV and the City' s website, the public has the opportunity to become involved. She suggested Staff hold community workshops to gain the public' s feelings regarding issues, and if there is disillusionment among the community an issue would not be brought forward to Council. 160 Council Workshop 06/ 03/ 08 FIRE ASSESSMENT CCONT) Councilman Garvie stated he is in favor of user fees, but that he considers this an assessment as it will be required of everyone. The City Manager clarified what is being discussed is an assessment, not a user fee. Kabe Woods, 240 Brooks Street, stated the first responsibility of government is to