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10-16-89 v SPECIAL COMMISSION MEETING MONDAY, OCTOBER 16, 1989 AGENDA Call to order 1. Emergency change order for Oak Harbor Intertie (Don Ford) 2. Resolution 489-53 to provide budget for the City's share of the cost for the "Healing Wall" exhibition at the Jax Beach Flag Pavilion. 3. Emergency manhole replacement on Regulus Avenue (Harry McNally) 4. Names of applicants for the City Attorney position 5. Discussion of the Stormwater Management Program 6. Any other business Adjournment MINUTES OF THE SPECIAL CALUDD MEETING OF THE MANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON OCTOBER 16, 1989 AT 7:15 PM The meeting was called to order by Mayor Gulliford. Present in addition to the Mayor, were Commissioners Cook, Edwards, Jensen and Tucker. Also present were City Manager Leinbach and City Clerk King. Mayor Gulliford said he had recently been walking in the Dudley Road area and an elderly resident told him she had tried, unsuccessfully, for a long time to have a street light installed near her home. The resident had since then had her home burglarized and was brutalized in her home. He said he and the City Manager and Lt. Christman were going to drive through the area after the meeting and review the lighting. He further suggested scheduling a meeting with the residents of that area along with representatives from the Police Department to address the subject of crime in the neighborhood. He stressed the need for a more aggressive attitude towards crime and code enforcement. 1. Frgency Change Order for Oak Harbor Intertie (Don Ford) Don Ford explained an emergency situation existed with the Oak Harbor intertie in that it was the understanding of city personnel they could use the Buccaneer treatment plant until such time as the intertie was completed. However, Atlantic Utilities had threatened to shut the plant down on September 1 and an extension until September 15, at $150.00 per day had been worked out. The contractor was then asked to step up his schedule to meet the September 15 deadline. An hourly rate was negotiated and this Change Order in the amount of $7,315.00 reflects the overtime involved. Camiissioner Edwards moved to authorize the expenditure of $7,315.00 on emergency Change Order. The motion was seconded by Catmissioner Jensen. In further discussion before the vote, the Mayor said he understood from discussions with Harry Royal that the Oak Harbor system was not performing to the projections made prior to the purchase of the system and Mr. Royal agreed. The Mayor asked Mr. Royal to monitor the figures over the next several months to see whether any misrepresentations were made regarding the system. The question was called and the motion carried unanimously. 2. Resolution No. 89-53 to provide budget for the City's share of the cost for the "Healing Wall" exhibition at the Jacksonville Beach Flag Pavilion Harry Royal had circulated a memorandum stating in the opinion of the City Attorney it would be legal for the city to pay for this exhibit through its advertising budget, however, Mr. Royal was personally not in favor of this expenditure. Catmissioner Cook moved for passage of Resolution No. 89-53. The motion was seconded by Catmissioner Jensen. PAGE 'IWO MINUTES OF SPECIAL COMMISSION MEETING OCTOBER 16, 1989 Commissioner Cook said in his opinion this was a most worthy cause and urged the city to support it. Dorothy Kerber, 365 First Street, said the exhibition in Jacksonville last year had been supported by private industry, and questioned why Atlantic Beach should use tax revenues for this purpose. The Commissioners generally expressed support of the exhibition and the Mayor suggested the city underwrite the exhibit, and he challenged each of the Commissioners to raise $600.00 to reimburse the city for the $3,000.00 expenditure. In the meantime the Finance Director was asked to check into whether opening a special "Healing Wall" account would provide for tax free status for those wishing to make donations. The question was called and the motion carried unanimously. 3. Emergency manhole replacement on Regulus Drive (Harry McNally) Harry McNally explained because of the recent heavy rains and flooding he had an emergency situation with a manhole in the vicinity of the Buccaneer plant. The area around the manhole was sinking and causing a dangerous condition. He said this was a budgeted item and he had received three estimates for replacement, the lowest of which was from Pace Utilities at $4,895.00. Ccmaissioner Edwards moved to authorize manhole replacement on an emergency basis in the amount of $4,895.00 to Pace Utilities. The motion was seconded by Camnissioner Tucker and carried unanimously. 4. Names of applicants for the City Attorney position The Mayor confirmed that each of the Commissioners had received the names of the three finalists for the City Attorney position. He suggested asking Hugh Carithers to draft a contract which would require renewal by the City Commission on an annual basis. The Commission would establish an annual retainer which would include all services except litigation, and an hourly rate for litigation. The Commissioners were asked to give their suggestions regarding annual retainer and hourly rate to the City Manager, and also to present suggested questions for the candidates so that a list of questions to be asked of all candidates could be drawn up. After brief discussion the interviews were scheduled to begin at 5:00 PM on Monday, October 23. 5. Discussion on the StormoraterManagement Program The City Manager reported the city had received proposals several months ago on a stormwater management program. The firms were evaluated and CH2M Hill in a joint venture with England, Thims and Miller were ranked number one. The City Manager called on James E. Scholl for his presentation. PAGE THREE MINUTES OF SPECIAL COMMISSION MEETING OCTOBER 16, 1989 Mr. Scholl said it was important to understand the local drainage problems and felt England, Thims and Miller would be helpful in that respect. He outlined the procedures involved in starting up a storm- water utility project, possible funding sources, billing and operation of the system. A synopsis of his presentation was presented in hand-out form and is attached hereto and made a part hereof. He then called on Doug Miller of England, Thims, and Miller, to address some problems which might be anticipated and addressed during the operational phase of the utility. Mr. Miller said the EPA would require Atlantic Beach to have permits for the major stormwater outfall systems in 1992. He presented an aerial map of Atlantic Beach on which the main stormwater drainage canals had been highlighted and pointed out some of the areas which have drainage and flooding problems. He said some immediate problems which may require significant capital outlay would need to be addressed, and mentioned specifically the deep drainage ditch on Seminole Road. Mayor Gulliford said Atlantic Beach had been negotiating with the City of Jacksonville to culvert this ditch, but these negotiations had stalled pending the development of a master drainage plan. Mr. Scholl said he felt a rate structure could be developed in three or four months and as soon as the city adopted an ordinance, the city could start collecting revenue and start working on a master drainage plan. This plan could be done in phases with the Seminole Road area being addressed in the early stages of the project. Commissioner Edwards asked about blockages which may occur in the drainage system outside the city limits and it was generally agreed an interlocal agreement between the adjoining cities and the DOT would be desirable. Discussion then ensued relative to filtering mechanisms which could be added to retention systems to improve the quality of the outfall. Street sweeping, and maintenance of existing ditches to improve storm- water quality was also discussed. Mr. Miller said a study would be done to determine the average impervious area for single-family homes in order to establish a rate structure. Mayor Gulliford said he was opposed to a flat rate for single-family homes since the impervious areas involved could differ considerably from one home to another and he felt the system should be as fair as possible to owners of smaller homes. He felt that three classifications of single-family residences should be considered. Charges for commercial properties would be based on multiples of single- family dwellings, and allowances would be made for those who had provided catch basins for run-off from their property. PAGE FOUR MINUTES OF SPECIAL COMMISSION MEETING OCTOBER 16, 1989 Mr. Scholl said he felt his company could complete the initial phase of the project and have a draft ordinance and proposed rate ready to present to the Commission in about four months. This would depend in part on how much the city would allocate for capital improvement budget. The City Manager said he would like to include in the project a good topographical map of the city which could be used by other city departments. Commissioner Edwards moved to authorize the City Manager to negotiate a contract with CH2M Hill/England, Thims and Miller and report back to the City Commission November 13, 1989. The motion was seconded by Commissioner Cook and was unanimously approved. Commissioner Edwards reported he had attended a session on Code Enforcement at the recent Florida League of Cities Convention. He said training will soon be offered by the League and certification will soon be required for code enforcement officers. Authority to arrest will also be given to code enforcement officers in the near future. There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:30 PM. /I is it V - William I. Gu � Mayor/Presiding 0 Iind er 11 ATTEST: Ma een King, C'ty Cl k Presentation UTILITY FUNDING FOR STORMWATER MANAGEMENT SERVICES Prepared for Atlantic Beach , Florida James E. Scholl, P.E. Water Resources Engineer CH2M HILL Prepared by 7201 N.W. 11th Place P.O. Box 1647 CHMHILL Gainesville, Florida 32602 904/331-2442 October 16 1989 Fax No. 904/331-5320 Telex No. 756070 UTILITY FUNDING FOR STORMWATER MANAGEMENT SERVICES Prepared by James Scholl, P.E. stormwater facilities when an area is urbanized. Under the CH2M HILL, Gainesville, Florida traditional means of paying for these services, with ad val- October 1989 orem property tax revenues, the major burden has been placed upon higher valued property regardless of its contri- bution to stormwater runoff. Properties exempt from taxation, such as government institutions, have not paid at BACKGROUND all. In addition to equity considerations, the ad valorem tax funding method results in competition with other local Florida's flooding problems, typical of flat areas with poor service needs for general fund revenue as part of the natural drainage, have increased as the state has devel- annual budget process. oped. While flooding has a substantial impact on local activities, there is also a state mandate and a growing UTILITY FUNDING concern to address stormwater pollution problems. In fact, the U.S. Environmental Protection Agency is preparing a Under the premise that the public service required by all nationwide permitting program for stormwater discharges developed property that generates stormwater runoff can that will begin in 1990. be charged for in proportion to the amount generated, a utility approach to funding stormwater management ser- Since general fund revenues are typically limited, a new vices becomes viable. Utility customers are the properties and reliable source of funding is generally needed to ad- that add runoff to the stormwater system. Individual billing dress stormwater management problems. Experience units are based on runoff producing surfaces, and rates throughout the country has shown that the stormwater per unit can be set to generate revenue for providing management utility approach is a viable funding option for desired levels of service. local government officials to pursue. To establish the total number of stormwater billing units TRADITIONAL FUNDING within a local jurisdiction, a statistically significant determi- nation of the impervious area associated with a typical Local governments have historically assumed the major single-family residential parcel is required. For billing responsibility for constructing, operating, and maintaining purposes, this impervious area is often defined as one Equivalent Residential Unit (ERU). Billing units for all 1. Charges must be fair, reasonable, and easy to under- other properties are calculated by dividing the actual site stand. impervious area by the impervious area determined for an ERU. 2. Policy decisions related to charges must be legal and locally acceptable. Establishment of a stormwater management utility gener- ally involves the following three phases: 3. The basic algorithm for calculating charges must be flexible and easy to adjust. 1. Development 2. Implementation 4. Data for calculating charges must be readily available, 3. Operation reasonably accurate, and technically defensible. Important considerations for accomplishing the work asso- 5. Revenue requirements must be well documented and ciated with each of these phases are presented below. represent the actual costs of providing services. Utility Development 6. Rates must be set to generate adequate revenues to provide visible service benefits to customers. The primary objective of this phase is to provide sufficient and credible technical information to set stormwater ser- Guidance data for developing a rate structure can be vice fees that are fair, reasonable, and justified by,the compiled using property tax records and appropriate utility actual cost of providing services. Typical tasks include billing account files. Revenue requirements can be devel- setting the basis for charging service fees, defining reve- oped by identifying existing stormwater expenditures and nue requirements, assigning preliminary rates to generate adding desired service enhancement costs, including adequate revenue, developing a draft utility ordinance, capital costs for facility construction. Preparing a master beginning a public information program, and identifying plan for stormwater facilities should be initiated during the cost accounting and billing software requirements. subsequent utility implementation phase to better define and prioritize capital costs. Experience throughout the country indicates that the development work associated with preparing a rate struc- The outcome of the development phase should be adop- ture is critical to the success of implementation and opera- tion of the ordinance establishing a stormwater manage- tion phases of a stormwater management utility. CH2M ment utility. HILL has found that the following major criteria must be considered for a rate structure: Utility Implementation facilities master plan can provide an important framework for final design, permitting, and construction of facility The implementation phase typically includes setting up the improvements. The following activities are typical in the billing account files and software and training the appropri- operational phase of the utility: ate staff. A major effort is required to establish a link between the property tax records and utility billing ac- • Local Permit Review counts for non-residential property. This type of informa- • Facility Maintenance tion is not readily available or easily compiled, so the work • Facility Repair and Replacement is generally labor intensive and often requires some local • Project Planning and Design field investigation. Once a connection has been made, the • Project Construction information to develop billing factors based on the runoff • Permit Inspections producing area of a site can be prepared. • Regulatory Enforcement • Public Communications A more rapid method for funding development and imple- mentation costs of the utility as well as work to prepare a SUMMARY stormwater facilities master plan is to use a uniform service fee based on fixed costs of the program. A uniform fee The funding of stormwater management services as a billed to each utility account is easier to implement, be- municipal utility is a proven option available to the City of cause it does not require determination of non-residential Atlantic Beach. A funding program is usually established impervious areas or the process of linking property tax through a three-phase approach of development, implem- records to utility account records. entation, and operation. Development of a rate structure is the basis for local legislative action that officially estab- In most urban areas, some developed property is not being lishes the utility through an ordinance. The billing account billed for utility services. For example, parking lots or data base and billing software can then be implemented. common areas may be owned independently of a utility Operational success depends on providing visible benefits service account and not require water, sewer, or solid to customers, which can be facilitated by preparing a waste services. In such cases, a new account can be set stormwater facility master plan, up to bill only stormwater services to the property owner. Utility Operation Public visibility of benefits derived from the utility is central to operational success. Operation schedules and detailed budgets must be prepared for each activity. A stormwater