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

beneficial functioning, 22 3  I ( i) Encourage the use of drainage systems which minimize the consumption of electrical 2 energy, or petroleum fuels, in order to move water, remove pollutants, and maintain said 3 systems, 4 5( i) Minimize the transport ofpollutants to community waters; G 7 04 Maintain or restore groundwater levels; 8 9( 1) Protect, maintain, or to restore natural salinity levels in estuarine areas; 10 11 ( m) Minimize erosion and sedimentation; 12 13 ( n) Prevent damage to wetlands; 14 15 ( o) Prevent damage from flooding= while recognizing that natural fluctuations in water 16 levels are beneficial; 17 18 ( p ) Protect, restore, and maintain the habitat of fish and wildlife; and 19 20 ( Q) Ensure the attainment of these objectives by requiring the approval and 21 implementation of a Stormwater Management Prouam for all activities adversely 22 impacting communily waters. 23 9  1 fir) Ensure cooperative efforts toward joint development of compatible and efficient 2 stormwater managant programs in adjacentjurisdictions. 3 4( s) Ensure the City' s compliance with all requirements of the NPDES permit. 5 6 10. 521. 03 STORMWATER MANAGEMENT UTILITY USER FEE 7 There is hereby created a stormwater management utility user fee to be charged 8 for the provision of stormwater management services to all vacant properties with 9 impervious surfaces and developed properties with improvements or uses that contribute 10 stormwater runoff to the city's stormwater management systems. Such user fees shall be 11 used only to accomplish the functions of the stormwater management program and 12 utility. Such user fees shall be a monthly fee as established by a separate resolution and 13 set forth in the Comprehensive Fee Schedule, in accordance with the following 14 methodology. 15 16 ( 1) Singlefamily residential property. Each single- family property, including those properties 17 with up to five residential units, shall be considered one ERU for billing purposes. Monthly 18 service charges for each single -family dwelling unit shall be identical. 19 20 Q Other properties. All other properties shall be charged a user fee equivalent to the following 21 formula: Base ERU = Total impervious surface on property divided by the residential ERU of 22 2, 700 23 24 10  1 10. 521. 04 Exemptions 2 City -owned lots or parcels and public road ri is -ofways shall be classified as 3 exempt from stormwater utility user fees. 5 10. 521. 05 Right of Refusal to Connect To Utility; Procedures 6 Any property owner responsible for paying the stormwater user fee, who chooses 7 not to use stormwater management program services, may elect to develop their property 8 in a manner that retains all run -off on -site and prevents discharge to the City' s 9 stormwater infrastructure. The property owner must verify retention of all stormwater on- 10 site by submitting, for review and approval by the City, certified engineering drawings 11 and calculations demonstrating that one hundred ( 100) percent of the total volume of 12 runoff from the property will a retained within the property. The engine 13 calculations shall be based on runoff volumes from the one -hundred -year frequency 14 rainfall event, for the following durations: one ( 1), two 2), four 4), eight ( 8) and twenty - 15 four (24) hours and one ( 1). two (2 three (3), four 4), seven ( 7) and ten ( 10) days. 16 17 10. 521. 06 Mitigation Credits 18 Stormwater fee credits of up to fifty percent (50 %) m4y be given to developed properties. 19 other than single family residential properties up to five residential units, demonstrating 20 stormwater control and management facilities which generate less volume of runoff and 21 apply Best Management Practices ( 3NTs ) to improve surface water quality. The amount 22 of each available credit shall be adopted byeparate resolution and set forth in the City' s 23 Comprehensive fee schedule. Credits will be awarded on a four -year basis and each I1  I property owner must reestablish the right to a credit every four ( 4) years A property 2 owner may aunly for a credit by submitting an application for credit, on a form approved 3 by the City Manager, alonwith certified engineering drawings and calculations 4 sufficient enough to evaluate a claim for credit. 6 10.521. 07 Collection of Fees 7 Stormwater utility fees shall be collected and enforced in the same manner that water, 8 wastewater, and solid waste fees are collected and enforced Failure to timely pay the 9 monthly stormwater utility fees will result in the termination of water service to the 10 subject property in accordance with section 10.53 02, of the City' s Code, as amended 11 The City may, at its discretion, submit a separate notice to a property owner of the annual 12 stormwater utility fees imposed on that owner' s pro ggy if such notice will facilitate the 13 billing and collection of imposed fees. 14 15 10.521.08 Stormwater Utili y Fund 16 There shall be established a stormwater utility fund for the deposit of all fees collected 17 pursuant to this ordinance for the Stormwater Management Program The stormwater 18 utility fund shall be used exclusively to provide services and facilities related to the 19 Stormwater Management Progxam and for the following expenditures: operation or 20 maintenance of stormwater management facilities; costs for the planning, evaluation, 21 design, construction, and management of the Stormwater Management Program; 22 administrative costs related to the management of the Stormwater Management Program; 23 management services, such as permit review and planning and development review 12  I related to the Stormwater Management Program, debt service financing of capital 2 improvements related to the Stormwater Management Proms_ 3 4 10.521. 09 Inspection, Compliance, and Enforcement 5 The City' s Code Inspectors and other City staff as required, upon presentation ofpro er 6 identification, shall be anted access for inspection of facilities, structures, or properties, r 7 dischar n or suspected of discharging to the City's MS4 or waters of the United States 8 in order to effectuate the provisions of this ordinance, investigate violations or complaints 9 of potential violations of the terms of this ordinance, and to collect samples for review 10 and analysis. All structures and processes which allow discharges to the City's MS4, as 11 well as records concerning them, shall be made accessible to authorized personnel for this 12 purpose. 13 14 SECTION 4. CONFLICTS 15 If any ordinance or parts of any ordinance are in conflict with this ordinance, the 16 provisions of this ordinance shall prevail. 17 18 SECTION 5. SEVERABILTTY 19 If any provision, section, paragraph, sentence, clause, or portion of this ordinance, or the 20 application thereof to any person or circumstance, is, for any reason, held invalid by a court of 21 competent jurisdiction, such provision shall be deemed a separate, distinct, and independent 22 provision, and such holding shall not affect the validity of the remaining provisions or portions. 23 13  1 SECTION 6. PENALTIES 2 Violations of this ordinance shall be subject to enforcement and penalties as provided in 3 chapter 1. 05 of the City' s Code. 4 5 SECTION 7. EFFECTIVE DATE 6 This ordinance shall become effective immediately upon its adoption by the City 7 Council. 9 10 11 Adopted Mike Anderson, Mayor 12 13 14 15 Attest: Approved for form and legal sufficiency: 16 17 18 19 Helen Spencer, City Clerk 20 21 Codification Instructions: 22 Sections 1, 2,4, 5, 6, 7: not codified. 23 Section 3: codified as chapter 10.521 as indicated. 14  CITY COUNCIL WORKSHOP June 3, 2008 Workshop Agenda Discussion regarding the development of a Fire Assessment Fee Fire Chief, Budget & Grants Manager) Agenda Item Number: WA- 3  CITY OF FORT WALTON BEACH Memorandum TO: Joyce Shanahan, City Manager THROUGH: Brandy Wunker, Interim Finance Directors/ FROM: Mike Dutton, Fire Chief Charlotte Dunworth, Budget 9 & Grants Mana 9 eA RE: Consideration of a Fire Protection Services Assessment Charge DATE: May 30, 2008 Background A fire protection services charge is a non -ad valorem fee levied against property to fund any or all of the costs of fire services, facilities, or programs. Authority to enact and collect such a charge is found in sections 170. 201, 197. 3631, and 197. 3632 of the Florida Statutes. The City of Fort Walton Beach is authorized to charge a fire protection services charge for fire services ( which benefit property). The benefits of fire services 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. Property tax reform passed by the Florida Legislature in June 2007 required that the City's FY 2007 -08 millage rate not exceed 95% of the roll -back rate unless adopted by a vote greater than simple majority of the governing body. That legislation and a follow -up " glitch bill" limit the maximum millage that can be levied by a simple majority of the governing body for FY 2008 -09 to the roll -back rate ( calculated exclusive of the impact of Amendment One on assessed value) plus a 4. 15% adjustment factor for growth in per capita Florida personal income. A Constitutional amendment passed by voters in January 2008 provides for an additional $ 25, 000 homestead for properties valued over $ 75K ( partial for properties between $ 50K and $ 75K), portability of accrued homestead savings, exemption of tangible property tax of $ 25, 000 for businesses, and a 10% annual cap in assessed value increase for non -homestead properties. The additional homestead exemption could reduce the City' s ad valorem revenue