HomeMy WebLinkAbout2006 09 11 Regular 301 Michael D Jones
COMMISSION AGENDA
ITEM 301
Regular
September 11, 2006
Meeting
MGR. Dept.
REQUEST: The Public Works Department Stormwater Division requests the City Commission
review the stormwater utility fee adjustment request by Michael D. Jones of 560
Dunmar Circle pursuant to Section 19166 of the City Code of Ordinances.
PURPOSE: The purpose of this Agenda Item is to allow Michael D. Jones of 560 Dunmar Circle to
petition the City Commission on the denial by the City Manager of the stormwater utility fee
adjustment request as provided in Section 19-166(a)(4) of the City Code of Ordinances.
APPLICABLE CODE:
Sec. 19-166. Adjustment of fees.
(a) Any owner, tenant or occupant who has paid the fee assessed against his property and
who believes that the fee is in error may, subject to the limitations set forth in this section,
submit an adjustment request to the city manager.
(1) Adjustment requests shall be made in writing and shall set forth in detail the
grounds upon which the request is made.
(2) The city manager shall review the adjustment request within ninety (90) days of
the submittal of the request and shall respond in writing to the applicant, either denying or
granting the request with the reasons therefore stated in such response.
(3) The rate adjustment, if granted, will apply retroactively to the date on which the
erroneous information was applied to the applicant's fee, but not to exceed one (1) year prior
to the adjustment request.
(4) If this adjustment is denied, the applicant may, within thirty (30) days ofthe
receipt of the denial, petition for a review of the adjustment request by the city commission.
The city commission shall review the adjustment request in accordance with the provisions
set forth in this article as well as the evidence provided in the original adjustment request and
supplemental evidence requested by the city manager or provided by the applicant prior to
the decision made by the city manager. Within sixty (60) days after applicant files the petition,
the city commission shall, in writing, either grant or deny the petition. If the petition is
granted, the city manager will apply the adjustment to the fee for the requesting customer for
the retroactive period identified by the city commission. If the petition is denied, the
petitioner may appeal to circuit court, provided said appeal is filed within thirty (30) days
after the commission renders its decision.
091106_ COMM _Regular _301_ Stormwater _Fee_Appeal
September 11, 2006
Regular Agenda Item 300
Page 2 of3
(b) The city manager, upon discovering an error or oversight in the calculation of the fee,
may initiate an adjustment request. The request must be made in writing documenting
the reasons for the adjustment. In the event that the adjustment would require an
increase in the fee, the city manager must provide the adjustment request to the affected
fee payer thirty (30) days prior to adjusting the fee and offer the fee payer an
opportunity within the stated thirty (30) days to request an adjustment pursuant to the
provisions of subsection (a) above. An increase or decrease in fee shall not be
retroactively effective more than one (1) year from the date of adjustment.
(Ord. No. 521, 6, 7-27-92)
FINDINGS:
1) On March 31,2006, Michael D. Jones submitted a letter to the City Manager requesting
that the City adjust the City Stormwater fee imposed on 560 Dunmar Circle be deleted
from the City's utility bill.
2) As stated in his letter, Mr. Jones' believes the stormwater fee should be deleted
essentially based on three grounds:
a) The road and stormwater system in Dunmar Estates is private and has been
privately maintained for 25 years.
b) The City does not furnish stormwater services to Dunmar Estates nor does the
City assist in the maintenance of any of the drainage swales, culverts, etc.
c) The City code exempts developed property not served by City water and sewer
from paying the stormwater management utility fee deposit, but does not define
deposit. The implication being that if the property is not served by sewer and
water and there is no stormwater services rendered to the property then there is
no stormwater fee.
3) On May 11, 2006, the City Manager denied Mr. Jones' request to delete the stormwater
fee for 560 Dunmar Circle. The basis for the City Manager's decision is as follows:
a) 560 Dunmar Circle is residential developed property subject to the stormwater
fee pursuant to Sec. 19-164 City Code at a rate of One Equivalent Residential
Unit (ERU). An ERU is the most common unit that stormwater utilities use to
measure impervious area for purposes of calculating stormwater fees.
b) Stormwater is generated from Dunmar Estates. Dunmar Estates is part of the
Gee Creek Secondary Stormwater Basin System 3 (Little Lake Howell Creek).
That basin is managed and operated by the City using the stormwater fees
collected pursuant to Chapter 19, Article V, Stormwater Management Utility,
of the City Code.
c) Dunmar Estates does not have a stormwater management facility designed and
constructed for the purpose of stormwater pollution reduction and is not
eligible for a reduced rate under Sec. 19-164(c).
d) The stormwater deposit waiver for non water and sewer customers does not
absolve residential developed property from the stormwater fee.
September 11,2006
Regular Agenda Item 300
Page 3 of 3
(4) On May 31,2006, Mr. Jones timely appealed the City Manager's decision to the City
Commission. Two (2) time extensions were mutually agreed to because of scheduling
conflicts.
(5) The City Commission must now review the original adjustment request and the evidence
provided in the original adjustment request, supplemental evidence requested by the City
Manager, or evidence provided by Mr. Jones prior to the decision made by the City
Manager.
(6) All evidence and documentation provided by Mr. Jones prior to the City Commission
meeting is attached to this agenda item.
(7) Order of Presentation:
a) Kip Lockcuff, UtilitylPublic Works Director, the City Manager's designee, will
present a five (5) minute overview of Mr. Jones request and summarize the City
Manager's findings and conclusions.
b) Mr. Jones will then be afforded ten (10) minutes to present the basis of his request
and rebut the City Manager's findings and conclusions by submitting relevant
evidence and by relevant questioning of the UtilitylPublic Works Director and/or
City Manager.
c) The City Manager or his designee will be afforded ten (10) minutes to respond to
Mr. Jones rebuttal.
d) Mr. Jones will then be afforded five (5) minutes to reply to the City Manager's or
his designee's response.
e) Upon conclusion of the presentations, the City Commission will deliberate, ask
additional questions if any, and render a final decision. The City Commission's
decision is subject to appeal to the Circuit Court per Section 19-166(a)(4), Winter
Springs Code.
RECOMMENDATION:
Staff recommends that the City Commission hear the request of Michael D. Jones, 560
Dunmar Circle, and uphold the City Manager's decision to deny the request to delete the stormwater
fee from the utility bill.
ATTACHMENTS:
1. All correspondence
CITY COMMISSION ACTION:
A TT ACHMENT NO.
MICHAEL D. JONES
560 Dunmar Circle
Winter Springs, Rorida 32708
407/695 2727
March 31, 2006
Mr. Ron Mclemore
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Dear Mr. McLemore:
I recently received a utility bill for garbage and storm water. I am not familiar with
your garbage collection procedure and I have requested Information regarding the
same from the Utility Department. However, with regard to the storm water fee, it
appears under your Code that Questions regarding the same should be directed to the
City Manager.
As you know, I reside in Dunmar Estates, where the road and storm water
system is private and has been privately maintained for twenty-five years. It appears
that the storm water management utility fee is for services furnished to developed
properties, however, the City does not furnish services to Dunmar Estates nor assist in
the maintenance of any of the drainage swales, culverts, etc. The Code exempts
developed property not served by City water and sewer from paying the storm water
management utility fee deposit, but does not define deposit. The implication is that if
the property is not served by sewer and water and there is no storm water services
rendered to the property then there is no storm water fee.
I request that the storm water fee be deleted from my utility bill pursuant to
Section 19.166. If this is not the appropriate procedure please advise.
Thank you for your courtesies and cooperation.
Michael D. Jones
MDJ/jmh
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708.2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
May 11, 2006
Michael D. Jones
560 Dunmar Circle
Winter Springs, FL 32708
RE: Stormwater Utility Fees
Dear Mr. Jones:
Thank you for your letter of March 31, 2006 requesting an Adjustment of Fees
pursuant to Sec. 19-166 of the Code of Ordinances. The City of Winter Springs
established the Stormwater Management Utility in 1992 as you may be aware from
reading the ordinance. Fees are charged to all developed properties which would
include your property in Dunmar Estates.
The deposit waiver for those without City water and sewer was included to streamline
the process for those residents. Obviously, provision of water and sewer services does
not correlate to whether stormwater services are rendered.
Findings:
1. 560 Dunmar Circle is residential developed property subject to the stormwater
fee pursuant Sec. 19-164 at a rate of One Equivalent Residential Unit (ERU). An
ERU is the most common unit that stormwater utilities use to measure
impervious area for purposes of calculating stormwater fees.
2. Stormwater is generated from Dunmar Estates. Dunmar Estates is part of the
Gee Creek Secondary Stormwater Basin System 3 (Little Lake Howell Creek).
That basin is managed and operated by the City USing the stormwater fees
collected pursuant to Chapter 19, Article V, Stormwater Management Utility, of
the City Code.
3. Dunmar Estates does not have a stormwater management facility designed and
constructed for the purpose of stormwater pollution reduction and is not eligible
for a reduced rate under Sec. 19-164(c).
4. The stormwater deposit waiver for non water and sewer customers does not
absolve residential developed property from the stormwater fee.
Atter reviewing the findings listed above, your request for a fee adjustment is denied.
Should you wish to appeal this denial to the City Commission, please respond to me
within 30 days of the date of this letter as defined in Sec. 19-166(a)(4).
Thank you again for your letter and I trust you will contact us if you need additional
information on your garbage service or if you have any additional questions.
Sincerely,
Ronald W. McLemore
City Manager
cc:
Mayor/City Commission
City Attorney
Utility/Public Works Director
City Engineer
MICHAEL D. JONES
560 Dunmar Circle
Winter Springs, Rorida 32708
407/695 3339
May 31, 2006
RECEIVED
JUN 0 1 2006
CITY OF WINTER SPRINGS
City Manager
Mr. Ron McLemore
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
RE: Stormwater Utility Fee Appeal
Dear Mr. McLemore:
I am in receipt of your letter of May 11, 2006, setting forth findings which support
your denial of my request for a fee adjustment. Section 19-166 allows for an appeal of
your decision to the City Commission, but it's not clear whether a hearing is provided or
how evidence is requested or presented. Further, there does not appear to be any
procedure for discovery so one can property present an appeal to the Commission.
First, I would ask you to consider this correspondence as a Petition for Review,
pursuant to Section 19-166. Secondly, I would ask that you provide me with information
regarding the discovery process, the presentation of evidence, and whom one would
speak to in the City to review the findings set forth in your letter of May 11, 2006.
If a hearing is afforded in this matter, please be mindful that I have a heavy trial
calendar over the next three months and It would be appreciated if hearings were
coordinated with my office at 407/695-7666.
I look forward to your prompt response.
Sincerely,
MDJ mh
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, flORIDA 32708.2799
Telephone (407) 327.1800
Fax (407) 327-6695
June 2, 2006
Michael D. Jones
560 Dunmar Circle
Winter Springs. FL 32708
Re: Stonnwater Utility Fee Appeal
Dear Mr. Jones:
I am in receipt of your May 31, 2006 letter, requesting a hearing before the City
Commission appealing the decision of the City Manager. At the moment, I am currently
serving as acting city manager and wish to promptly respond in the City Manager's
absence.
First, the City Commission will decide your appeal within sixty (60) days of your
May 31, 2006 letter. You have the right to present your petition to the City Commission
in person or you may have a duly appointed representative make your case for you.
Within that time period, the City Commission is scheduled to meet on June 12, June 26.
July 10, and July 24. Given your busy trial schedule, if neither of the dates are
available. you can request a reasonable continuance in writing. The next available
dates for the City Commission to hear your petition will be August 14. August 28.
September 11, and September 25. If the City does not hear back from you, your
petition will be placed on the agenda for the regularly scheduled July 24, 2006
Commission meeting. At which time. the City Commission will either grant or deny your
petition based on whatever evidence is presented to them. If your petition is denied.
you may appeal the denial to the circuit court.
With respect to the discovery process, you are free to inspect and/or copy any
existing public records pursuant to Chapter 119. Florida Statutes. Given this is primarily
a utility matter. please direct any sudl request to my attention. In addition, at the
hearing you will be permitted to present your petition and relevant evidence that
supports it. Also, it is likely that the City will have a staff member and/or the City's
stonnwater engineering consultant present the matter to the Commission. You will be
afforded an opportunity to question that staff member and/or consultant at the
Commission meeting.
Please advise as soon as possible.
Sincerely, .
Kipton Lockcuff, P.E.
Utility/Public Works Director
Cc: City Manager
Mayor/Commission
City Attorney
MICHAEL D. JONES
560 Dunmar Circle
Winter Springs, Florida 32708
407/695 3339
June 30, 2006
Mr. Kip Lockcuff
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
RE: Stormwater Utility Fee
Dear Mr. Lockcuff:
I am in receipt of and thank you for your letter of June 2,2006, and apologize for
my delay in responding to the same. I am trying to arrange my schedule to appear at
the July 24, 2006 hearing or alternately on August 13, 2006. I will confirm the date with
your office at the July 4th holiday.
Thank you for your courtesies.
MDJljmh
MICHAEL D. JONES
560 Dunmar Circle
Winter Springs, Florida 32708
407/695-3339
July 19, 2006
Mr. Kip Lockcuff
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
RE: Stormwater Utility Fee
Dear Mr. Lockcuff:
I've just returned from an unexpected out of town trip and I will not be able to
adequately prepare for the July 24th hearing on the above-referenced matter. I will have
more information available next week and try to schedule something for the first of
August.
Thanks for your assistance.
Sincerely,
Michael D. Jones
MDJ/jmh
MICHAEL D. JONES
560 Dunmar Circle
Winter Springs, Florida 32708
407/695*3339
August 17, 2006
Mr. Kip Lockcuff
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
RE: Stormwater Utility Fee
Dear Kip:
Please advise if the referenced matter can be placed on the Commission
Agenda for Monday, August 28, 2006. Likewise, it would be appreciated if you would
advise of the procedure that is followed.
Will the City present testimony and if so, who will address the Commission on
behalf of the City?
I appreciate your assistance in this matter.
Michael D. Jones
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FlORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
August 22, 2006
Michael D. Jones
560 Dunmar Cirde
VV1nterSpnngs, FL 32708
Re: Stormwater Utility Fee Appeal
Dear Mr. Jones:
I am in receipt of your August 17, 2006 letter requesting to be placed on the
Commission Agenda for Monday, August 28, 2006. Agenda items need to be complete
10 days before the meeting and we generally require notice two weeks before the
meeting to adhere to the guidelines set by the City Commission.
Therefore, we can not schedule this matter until the September 11, 2006 meeting
if that is acceptable with your schedule. I will proceed with putting your appeal on the
September 11, 2006 meeting unless I hear differently from you.
I have not yet been advised of the procedure that is to be followed other than
what has been previously provided. We will attempt to provide you specifics the week
before the meeting.
Thank you for your patience.
S7jJJj1
Kipton LockcUff, P. E.
Utility/Public Works Director
Cc: City Manager
City Attorney
MICHAEL D. JONES
560 Dunmar Circle
Winter Springs, Florida 32708
407/695-3339
August 24, 2006
Mr. Kip Lockcuff
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
RE: Stonnwater Utility Fee
Dear Kip:
This will confirm that the September 11 th date is acceptable.
Thank you for your assistance.
Michael D Jones
MDJ~mh