HomeMy WebLinkAbout2006 09 25 Regular 302 Stormwater Utility Fee Adjustment
COMMISSION AGENDA
ITEM 302
Regular
September 25, 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 19-166 of the City Code of Ordinances.
PURPOSE: The purpose of this Agenda Item is to allow Michael D. Jones of560 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 of the
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.
092506_ COMM _Regular _302 _Stormwater]ee_Appeal
September 25,2006
Regular Agenda Item 302
Page 2 of 3
(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 25, 2006
Regular Agenda Item 302
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) At the September 11 th City Commission meeting, the City Commission directed staff to
determine whether or not stormwater flows off ofMr. Jones' property into the City
system.
(7) Staff requested access to Mr. Jones' property in writing on September 12, 2006 to
inspect the area and received a denial dated September 13th from Mr. Jones. No
engineering data has been provided by Mr. Jones. Copies of the correspondence are
attached.
(8) Kipton Lockcuff, P.E., UtilitylPublic Works Director, Brian Fields, P.E., City Engineer
and Terry Zaudtke, P.E. ofCPH Engineers reviewed the best available information (2001
topographic survey from St. Johns River Water Management District) and unanimously
agreed that portions of Mr. Jones' property and other areas of Dunmar Estates clearly
flow into the drainage basin known as Little Lake Howell Creek which is a subbasin of
Gee Creek.
(9) The City Commission needs to 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.
RECOMMENDA TION:
Staff recommends that the City Commission uphold the City Manager's decision to deny the
request to delete the stormwater fee from the utility bill.
ATTACHMENTS:
1. Correspondence of September 12th and September 13th.
CITY COMMISSION ACTION:
-
ATTACHMENT No. 1
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
UtIlity Public Works
Department
September 12, 2006
Michael D. Jones
560 Dunmar Circle
Winter Springs, FL 32708
Re: Stormwater Utility Fee Appeal
Dear Mr. Jones:
We are requesting permission to inspect 560 Dunmar Circle in response to your
statements at the hearing on September 11, 2006. We would also request you provide
us with the engineering documents referenced in your testimony.
Please advise as soon as possible.
Sincerely,
Kipton Lockcuff, P.E.
UtilitylPublic Works Director
Cc: City Manager
City Attorney
MICHAEL D. JONES
560 Dunmar Circle
Winter Springs, Florida 32708
407/695.3139
September 13, 2006
Mr. Kip Lockcuff
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
RE: Storm Water Utility Fee
Dear Mr. Lockcuff:
Thank you for letter of September 12, 2006 regarding "Stormwater Utility Fee
Appeal". I find your letter to be somewhat troubling. As your able counsel advised the
City at the outset of the appeal hearing, the review by the Commission was limited to
that which was already of record and the Commission added that which was in rebuttal
to what you placed in the record at the hearing. You advised on August 22,2006, that
you were unable to advise of the procedure that was to be followed in the appeal
process. At no time was I advised that there was the ability to take depositions or
conduct other discovery.
Because of the applicability of the ordinance in question is at issue, it follows that
the ordinance mayor may not be applicable to me until the conclusion of the appeal.
Therefore, I think it inappropriate for there to be a discovery process induced after the
appeal process has commenced and your request to inspection 560 Dunmar Circle or
any portion of Dunmar Estates, not specifically approved by the property owner and the
Architectural Control Committee is denied.
It was not my intention nor is it my desire that the City waste valuable time and
money investigating this issue. Clearly, funds could be diverted to more productive
measures. I have no problem with the fee, as evidenced by the fact that I paid it a year
in advance. My concern is that we are not provided service in Dunmar and there
apparently is no budget or plan for the same. If you can outline a proposed plan that
provides storm water operation, maintenance, repair and replacement of Dunmar's
drainage infrastructure, I would be happy to consider the same and work with the City to
implement the plan with the affected property owners and the Association.
September 13, 2006
Page 2
I understand that over the past ten years, property owners and the Association
have spent over $7,000.00 to maintain a portion of the drainage ditch which serves only
the City and none of Dunmar. While my request may be different, I suggest Dunmar is
different, and it would not be inappropriate for their to be a storm water system set up to
address storm water issues in Dunmar with the residents approval.
You can do what you have to do, but remember my schedule when you arrange
the engineering study.
Sincerely ,
Michael D. Jones
Copy to:
Damon Chase, Esquire (via facsimile)
Debra Nutcher, Attorney at Law (via facsimile)
George Acha, President HOA