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BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
DATE: August 6, 2013
TO: Honorable Chairman and Members of the Board
FROM: John Hofstad
SUBJECT: Public Hearing Request to Amend Ordinance
DEPARTMENT: Public Works
BCC DISTRICT: All
STATEMENT OF ISSUE: Amendments to and expansion of the unincorporated area
Municipal Service Taxing Unit (MSTU) Ordinance to include provisions related to funding the
management and control of stormwater and authorizing the use of proceeds of the MSTU for
such other essential facilities and municipal services as authorized under law.
BACKGROUND: Currently, the County has in place a MSTU (Ord. #84-19) to provide funding
for unincorporated parks located throughout all five districts within the County. The Ordinance
was enacted as part of a Stipulation and Agreement to resolve various disputes with certain
municipalities over funding law enforcement activities and specific infrastructure. Over time,
law enforcement and roads were eliminated from the Stipulation and Agreement; however,
funding for unincorporated County parks remains.
The County separated out stormwater related functions from the Road Division budget in 2010
resulting in a stand-alone Stormwater Division of the Public Works Department. Funding was
initially set up for this division from a combination of General Fund revenue ($500K) and cash
carry-forward from completed and under budget projects (• $2M). Staff informed the Board at
the time that the proposed funding was not a sustainable revenue source to support the
operational and capital needs of the division. Since this time, revenues have been depleted and
sufficient revenue is not available for FY 2013/14 to fund the minimal operating needs of
approximately $835,000.
For the upcoming budget year, staff estimates a substantial reserve of approximately $4.9M will
be available in the unincorporated parks MSTU. Together with the revenue generated annually
from the MSTU (• $1.1M), sufficient funding exists to support the ongoing needs of the Parks
Division for the foreseeable future. As a result, staff suggested and a majority of the Board
concurred that a portion of the funding from the unincorporated MSTU could be diverted to aid
in the establishment of a Stormwater Utility. Based on further direction from the Board, staff
would suggest an annual allocation from the MSTU in the range of $400-$450K to support the
Stormwater Utility. Combined with the current General Fund allocation of $400K, this revenue
would be sufficient to cover the operational expenses of the Division. In addition, revenues will
continue to be utilized from gas taxes to support annual capital improvement initiatives. The
proposed ordinance revisions were drafted and approved by the County Attorney and outside
legal counsel.
OPTIONS: Approve/Disapprove authorizing a Public Hearing to solicit comments for and
against amending and expanding the County’s unincorporated Municipal Service Taxing Unit.
RECOMMENDATIONS: Request Board authorization to advertise a Public Hearing to be
scheduled for the August 20, 2013 BCC meeting to be held at 6 p.m. in the Water & Sewer
Administrative Building for the purpose of considering an ordinance amending and expanding
the unincorporated area Municipal Service Taxing Unit to include stormwater funding and other
unincorporated area parks.
RECOMMENDED BY:
APPROVED BY:
Ernie Padgett, County Administrator
