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HomeMy WebLinkAbout2005 06 27 Regular Item 503- Request for Policy for Stormwater Mngt Fees COMMISSION AGENDA ITEM 503 Consent Information Public Hearin Re ular MGR. / -4v- /Dept.( '-(,U~') \ .,,"-'~ ".~ .>~ June 27, 2005 Meeting REQUEST: The Finance Department requests the City Commission establish a policy for the collection of unbilled or improperly billed stormwater management utility fees. PURPOSE: To have the Commission establish a policy for the collection of unbilled or improperly billed stormwater management utility fees. CONSIDERA TI ON: At the March 10, 2003 meeting of the Commission, and relative to a request to settle a disputed stormwater bill (see also tonight's Regular Agenda Item 504), the Commission requested the finance department to bring before them a policy on unbilled utility fees. The finance department, in consultation with Robert Ori of Public Resources Management Group, Inc, (the consultant who assisted in the development of the City's current Water and Sewer rate structure) and with the City's attorney, has prepared the attached Resolution 2005-21 detailing the proposed policy for the collection of unbilled or improperly billed stormwater management utility fees. FUNDING: N/A RECOMMENDATIONS: The Finance Department recommends that the Commission adopt a policy for the collection of unbilled or improperly billed stormwater management utility fees. A TT ACHMENTS: Resolution 2005-21 establishing a policy for the collection of unbilled or improperly billed stormwater management utility fees. Minutes from the City Commission Regular Meeting on March 10,2003. COMMISSION ACTION: RESOLUTION NO. 2005-21 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A POLICY FOR THE COLLECTION OF UNBILLED OR IMPROPERLY BILLED STORMW A TER MANAGEMENT UTILITY FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has established a stormwater management utility fee for the purpose of funding the stormwater management system; and WHEREAS, the rates for storm water services are applicable to all developed parcels located within the corporate limits of the City; and WHEREAS, from time to time the stormwater management utility fee may not be billed, or may be improperly billed, where stormwater management services are being provided in accordance with Chapter 19 of the City Code; and WHEREAS, in recognition of the foregoing, it is the City's intent to adopt a uniform policy providing for the collection and settlement of unbilled or improperly billed stormwater management utility fees; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference. Section 2. Definitions. In addition to the definitions provided within Chapter 19, Article V of the City Code, the following words or phrases shall have the meanings indicated below: A. Unbilled Stormwater Management Utility Fee shall mean the stormwater management utility fee due for stormwater management services provided to a developed property, as contemplated and provided by Chapter 19 of the City Code, as may be amended, for which a stormwater management utility fee has not been imposed upon the property. City of Winter Springs Resolution No. 2005-21 Page 1 of 4 B. Improperly Billed Stormwater Management Utility Fee shall mean the stormwater management utility fee due for stormwater management services provided to developed property, as contemplated and provided by Chapter 19 of the City Code, as may be amended, for which a storm water management utility fee was imposed inconsistent with the rate algorithm provided in Chapter 19 of the City Code. Section 3. Un billed Stormwater Management Utility Fees Policy. The following policy is adopted regarding unbilled stormwater management utility fees: A. Upon discovery of stormwater management services being provided which have not been billed, the City shall provide prompt notification to such property owner of the service and establish a proper billing record to bill for all future stormwater management services, beginning with the next regular billing cycle. Such notification will be by certified letter return receipt requested or other means as deemed appropriate by the City. B. The City utility department shall investigate, through the use of public records and other appropriate means, the duration of time for which storm water management services have been provided to the property and not billed, in order to determine the amount of the stormwater management utility fee due, based on the rate(s) in effect during the time services were provided but unbilled. C. In no event, however, will the City collect for unbilled stormwater management utility fees incurred more than twelve (12) months from the date the City determined stormwater management services were being provided but unbilled. D. The amount determined due and owed for unbilled stormwater management utility fees shall be invoiced on the customers' next regular invoice, and payment shall be due and payable in full upon receipt. To the extent that the period of time for the unbilled storm water management utility fees exceeds six (6) months, the City will allow the customer to pay for the unbilled charges on an installment basis, not greater than the timeframe of the unbilled charges, and at the rates imposed during the time of service. [For example, an account with twelve (12) months of unbilled stormwater management utility fees may elect an installment payment term not to exceed twelve (12) months.] E. If a customer has elected the installment method of payment for unbilled stormwater management utility fees and becomes delinquent in the payment of such fees, the City will have the right to charge a late payment penalty on the delinquent balance. If payment is not made after notification, the City may discontinue all utility services to such customer and the uncollected balance of the stormwater management utility fee will be due and payable in full prior to the reestablishment of service to such account. If the City requests a stormwater management utility fee deposit, as a matter of policy, from all new stormwater management customers, the City will also require the payment of a stormwater City of Winter Springs Resolution No. 2005-21 Page 2 of 4 management utility fee deposit as a condition of the reestablishment of utility servIce. F. If the customer terminates service, the uncollected balance of the stormwater management utility fees will be due and payable in full at time of service termination. Section 4. Improperly Billed Stormwater Management Utility Fees Policy. The following policy is adopted regarding improperly billed stormwater management utility fees to customers: A. If the City determines that an existing stormwater management system customer has been overcharged for stormwater management service and such customer has paid the City for such excess stormwater management utility fees, then the City will immediately refund such overpayment to the customer in accordance with City policy. No interest will be paid to the account for funds inadvertently billed to the account and collected and held by the City. B. If the City determines that an existing stormwater management system customer has been undercharged for storm water management service, the customer will be responsible for the payment of such additional charges that were not billed to such customer. The amount of customer liability will be determined in accordance with the collection procedures identified in Section 3 above. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Resolution No. 2005-21 Page 3 of 4 RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 27th day of June, 2005. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2005-21 Page 4 of 4 , . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH IO, 2003 PAGE 3 OF 20 Ms. Wafa Rumman-Khoury, 1189 Newton Court, Winter Springs, Florida: inquired about plans for a Library in the City of Winter Springs. .:..:. THE FOLLOWING AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE CONSENT AGENDA, AS DOCUMENTED. .:. .:. AWARDS AND PRESENTATIONS ADD-ON AWARDS AND PRESENTATIONS 36. A. Office Of The City Manager Presentation By Mr. Dick Wells, Community Development Department Director, City Of Casselberry, Regarding The Race Track Property Development. Mr. Dick Wells, Community Development Department Director, City Of Casselberry, 95 Triplet Lake Drive, Casselberry, Florida: presented renderings and spoke of the proposed plans for the race track property. CONSENT CONSENT 2. A. Finance Department Requesting That The City Commission Approve Government Services Group, Inc. (GSG) Contracts For Oak Forest And Tuscawilla Lighting And Beautification District's Annual Administrative Assessment Services In The Amount Of $11,000.00 Each For FY 03-04. Tape 1/Side B ( \ ) ) \ " CONSENT 3. B. Finance Department Requests The City Commission Make A Binding Decision Regarding The Alpert's Stormwater Bill Appeal. Discussion ensued with Ms. Louise Frangoul, Finance Department Director. Commissioner Michael S. Blake stated, "I would like to request this be taken off the Consent Agenda for separate consideration - under the Regular Agenda." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10,2003 PAGE 4 OF 20 CONSENT 4. C. Finance Department Recommends That The City Commission Designate McDirmit Davis As The Cities Auditors For The FY 03 Audit. CONSENT 5. D. Office Of The City Clerk Respectfully Requesting The City Commission Review, And Approve Acceptance Of An Intergovernmental Agreement Related To Elections. Deputy Mayor Robert S. Miller said, "I think we should Table this to the next Meeting." Commissioner Blake added, "We should move it to the Regular Agenda and then we can - Table this." CONSENT 6. E. Utility Department Requesting Authorization To Purchase One (1) Service Truck By Piggybacking Off Of Seminole County Bid Number A/B-340/JVP. CONSENT 7. F. Utility Department Requesting Authorization To Purchase One (1) Sterling Dump Truck By Piggybacking Off Of The State Contract Bid Number 070-700-230 (8D). CONSENT 8. G. Parks And Recreation Department Requests The City Commission's Approval To Conduct Its 2003 Summer Day Camp Program At The Church Of The New Covenant Facilities And Authorize The City Manager To Execute An Agreement With Them. CONSENT 9. H. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Florida Department Of Environmental Protection, Land And Water Conservation Fund Program, Project Grant Agreement For The Acquisition Of The Central Winds Park Expansion Property (Parker Property). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 10 OF 20 REGULAR REGULAR 21. E. Office Of The City Manager Requesting The City Commission To Approve A Revised Development Agreement With Chanh Nguyen Related To Repairs Of A Borrow Pit Located On A 4.42 Acre Site North Of Winter Springs High School. Mr. George B. Wallace, Esquire, 700 West First Street, Sanford, Florida: stated, "I wondered if we could Table Item 21 for two (2) weeks." "I WOULD LIKE TO MAKE A MOTION WE TABLE THE DEVELOPER'S AGREEMENT, ITEM 21, FOR THE BORROW PIT - FOR TWO (2) WEEKS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: ABSENT FOR VOTE MOTION CARRIED. Mayor Bush called a recess at 8:17 p.m. The Meeting reconvened at 9: 16 p.m. .:..:. THE FOLLOWING AGENDA ITEMS THAT WERE REMOVED FROM THE CONSENT AGENDA EARLIER IN THE MEETING WERE ADDRESSED NEXT, AS NOTED. .:..:. REGULAR ~') ~ \ (FORMERLY LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "B") Finance Department Requests The City Commission Make A Binding Decision Regarding The Alpert's Stormwater Bill Appeal. /1 " "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THIS ITEM I FOR THE FIRST MEETING IN APRIL AND ASK STAFF TO BRING US BACK f A DISCUSSION OF A POLICY ON UNBILLED UTILITY FEES." MOTION BY l COMMISSIONER BLAKE. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE II OF 20 ~ ~ l ',,",-_,_ c VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. (FORMERLY LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "D") Office Of The City Clerk Respectfully Requesting The City Commission Review, And Approve Acceptance Of An Intergovernmental Agreement Related To Elections. "I MAKE A MOTION TO POSTPONE THIS ITEM FOR TWO (2) WEEKS REQUIRING STAFF TO BRING US BACK THE REVISED AGREEMENT INCORPORATING THE RECOMMENDED LANGUAGE FROM THE CITY ATTORNEY." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:. .:. THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS HEARD NEXT, FOLLOWED BY THE REGULAR AGENDA, AS NOTED. .:..:. PUBLIC HEARINGS PUBLIC HEARINGS 16. C. Office Of The City Manager Requesting The City Commission To Approve The First Reading Of Ordinance Number 2003-04, Repealing Certain Sections Of Chapter Nine (9) Of The City Code Related To Impact Fees, Amending Police And Fire Impact Fees, And Establishing A New Parks Impact Fee. Mayor Bush stated, "Let's have a Motion to read by 'Title' only." Manager McLemore introduced this Agenda Item and presented a document with updated information to the City Commission. Discussion ensued.