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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