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PORT ORANGE CITY COUNCIL SPECIAL MEETING/WORKSHOP Council Chambers 1867 Tuesday, September 26, 2017 @ 6:30 PM

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PORT ORANGE CITY COUNCIL SPECIAL MEETING/WORKSHOP Council Chambers 1867 Tuesday, September 26, 2017 @ 6:30 PM © OS PORT ORANGE CITY COUNCIL SPECIAL MEETING/WORKSHOP Council Chambers 1867 Tuesday, September 26, 2017 @ 6:30 PM Pursuant to Section 3.06 of the Charter of the City of Port Orange, the Mayor has called a Special Meeting/Workshop of the City Council to be held for the following purposes: OPENING 1. Pledge of Allegiance 2. Silent Invocation 3. Roll Call ACTION ITEMS 4. Resolution No. 17­43 ­ Stormwater Fee Increase DISCUSSION ITEMS 5. Debris Management Plan­Private Property Debris Removal 6. State Funding Formula (DCD) ­ Florida Education Finance Program ADJOURNMENT ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE HE OR SHE MAY NEED TO ENSURE AT HIS OR HER OWN EXPENSE FOR THE TAKING AND PREPARATION OF A VERBATIM RECORD OF ALL TESTIMONY AND EVIDENCE OF THE PROCEEDINGS UPON WHICH THE APPEAL IS TO BE BASED. NOTE: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE CITY CLERK FOR THE CITY OF PORT ORANGE, 1000 CITY CENTER CIRCLE, PORT ORANGE, FLORIDA 32129, TELEPHONE NUMBER 386­506­5563, CITYCLERK@PORT­ORANGE.ORG, AS FAR IN ADVANCE AS POSSIBLE, BUT PREFERABLY WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE OR 5 DAYS PRIOR TO THE MEETING DATE. IF YOU ARE HEARING OR VOICE IMPAIRED, CONTACT THE RELAY OPERATOR AT 7­1­1 or 1­ 800­8771. UPON REQUEST BY A QUALIFIED INDIVIDUAL WITH A DISABILITY, THIS DOCUMENT WILL BE MADE AVAILABLE IN AN ALTERNATE FORMAT. IF YOU NEED TO REQUEST THIS DOCUMENT IN AN ALTERNATE FORMAT, PLEASE CONTACT THE CITY CLERK WHOSE CONTACT INFORMATION IS PROVIDED ABOVE. ANY INVOCATION THAT IS OFFERED BEFORE THE OFFICIAL START OF THE CITY COUNCIL MEETING SHALL BE THE VOLUNTARY OFFERING OF A PRIVATE PERSON, TO AND FOR THE BENEFIT OF THE CITY COUNCIL. THE VIEWS OR BELIEFS EXPRESSED BY THE INVOCATION SPEAKER HAVE NOT BEEN PREVIOUSLY REVIEWED OR APPROVED BY THE CITY COUNCIL OR THE CITY STAFF, AND THE CITY IS NOT ALLOWED BY LAW TO ENDORSE THE RELIGIOUS BELIEFS OR VIEWS OF THIS, OR ANY OTHER SPEAKER. PERSONS IN ATTENDANCE AT THE CITY COUNCIL MEETING ARE INVITED TO STAND DURING THE OPENING INVOCATION AND PLEDGE OF ALLEGIANCE. HOWEVER, SUCH INVITATION SHALL NOT BE CONSTRUED AS A DEMAND, ORDER, OR ANY OTHER TYPE OF COMMAND. NO PERSON IN ATTENDANCE AT THE MEETING SHALL BE REQUIRED TO PARTICIPATE IN ANY City Council Special Meeting/Workshop ​September 26, 2017 Page 2 of 2 OPENING INVOCATION THAT IS OFFERED. A PERSON MAY EXIT THE CITY COUNCIL CHAMBERS AND RETURN UPON COMPLETION OF THE OPENING INVOCATION IF A PERSON DOES NOT WISH TO PARTICIPATE IN OR WITNESS THE OPENING INVOCATION. S ' ' . : s O CITY COUNCIL AGENDA ITEM REQUESTED COUNCIL MEETING DATE 09/26/2017 5FH2 Consent item: No SUBJECT: (4) Resolution No. 17-43 - Stormwater Fee Increase DEPARTMENT: Finance GOAL: RECOMMENDED MOTION: Move to approve Resolution No. 17-43. SUMMARY: The City is proposing to increase the annual Stormwater Special Assessment fee from the current rate of $100 per Equivalent Residential Unit (ERU) to a new proposed rate of $120 per ERU. This proposed increase of $20 per ERU would approximately generate an additional $800K in revenue in fiscal year (FY) 2018. Project No.: Funding Account No.: ATTACHMENTS: 1. Reso. No. 17-43 Reso. No. 17-43.pdf 2. Stormwater Drainage Budget Presentation - Final - for 9-26-17 CC Mtg - Presentation rescheduled from 9-12-17.pdf 3. Letters from SKM_C754e17092114160.pdf Citizens Robin Fenwick Created/Initiated - 09/14/2017 Tracey Riehm Approved - 09/19/2017 Matthew Jones Approved - 09/21/2017 Jake Johansson Approved - 09/21/2017 Robin Fenwick Final Approval - 09/21/2017 RESOLUTION NO. 17-43 A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING A RATE INCREASE FOR THE ANNUAL STORMWATER UTILITY FEES IMPOSED BY THE CITY IN ACCORDANCE WITH CHAPTER 74, SECTIONS 156-164 OF THE CITY CODE OF ORDINANCES; DESCRIBING THE UNIT OF MEASUREMENT FOR THE STORMWATER UTILITY FEES; PROVIDING FOR COLLECTION OF THE STORMWATER UTILITY FEES PURSUANT TO THE TAX BILL COLLECTION METHOD AUTHORIZED BY SECTION 197.3632, FLORIDA STATUTES; APPROVING THE FISCAL YEAR 2017 NON-AD VALOREM ASSESSMENT ROLL FOR SUCH FEES; DIRECTING CERTIFICATION OF SUCH ROLL TO THE VOLUSIA COUNTY TAX COLLECTOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Port Orange (the "City") is authorized by Article VIII, Section 2(b) of the Florida Constitution and Sections 166.021, 197.3632 and 403.0893, Florida Statutes to establish a stormwater drainage utility, to impose annual stormwater utility fees sufficient to plan, construct, operate and maintain stormwater management systems, and to provide for the collection of such fees pursuant to the uniform method by which the fees are included on the annual property tax bill mailed by the Volusia County Tax Collector each November; and WHEREAS, in accordance therewith, the City Council adopted Sections 74-156 through 74-164 of the City of Port Orange Code of Ordinances which established a stormwater drainage utility and provided for the calculation, imposition and collection of stormwater drainage utility fees and capital facilities charges (the "Stormwater Ordinance"); and WHERES, the City imposes such fees and charges each year to fund the annual provision of stormwater management services and facilities, and collects the fees and charges on the annual property tax bill as authorized by Section 197.3632, Florida Statutes (the "Uniform Collection Act"); and WHEREAS, the City of Port Orange must ensure that Stormwater Drainage Utility System is properly designated, constructed and maintained within the City in an efficient manner to promote the general health, safety and welfare of the citizens; and WHEREAS, pursuant to the Uniform Collection Act, the City must certify a non-ad valorem assessment roll to the Volusia County Tax Collector by September 15th of each year in order to collect the stormwater fees on the annual property tax bill; and (RESO. NO. 17-43) WHEREAS, the non-ad valorem assessment roll includes a list of the parcels for which the stormwater fees will be collected on the annual property tax bill, and the amount of the fees to be imposed against each parcel; and WHEREAS, the City has imposed the stormwater fees using the tax bill collection method each year since 2005 and is now considering an increase in the rate of the fees for the fiscal year beginning October 1, 2017 ("Fiscal Year 2018"); and WHEREAS, notice of a public hearing to consider the rate increase has been published and mailed to each affected property owner notifying such property owner of the opportunity to be heard, and the proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively; and WHEREAS, such public hearing was originally scheduled to be held on September 12, 2017, and was postponed due to Hurricane Irma; and WHEREAS, the public hearing was rescheduled to September 26, 2017, and noticed by posting and publication in accordance with the amended emergency order issued by the State of Florida Department of Revenue on September 8, 2017, attached hereto as Appendix E (the “Emergency Order”); and WHEREAS, the proof of publication and an affidavit of posting for the rescheduled public hearing are attached hereto as Appendices F and G respectively; and WHEREAS, comments and objections of all interested persons have been heard and considered as required by law; and WHEREAS, the City Council has received and considered the Technical Memorandum prepared by the engineering firm QLH, a copy of which is attached hereto as Appendix C, which summarizes the stormwater drainage utility's projected revenue requirements for Fiscal Year 2018 and beyond, and which recognizes the fair and reasonable nature of calculating stormwater utility fees based on the impervious area method contemplated by the Stormwater Ordinance; and WHEREAS, the City's stormwater drainage utility and the services and facilities associated therewith provide for the proper and safe collection, storage, control, management, treatment and conveyance of the stormwater burden generated by the real property subject to the fees and charges approved hereunder; and WHEREAS, the benefits derived from the stormwater management services and facilities provided by the City exceed the amount of the fees and charges levied and imposed hereunder, and the fees and charges imposed against any tax parcel subject thereto does not exceed the proportional benefits that such tax parcel will receive compared to any other tax parcel; and 2 (RESO. NO. 17-43) WHEREAS, the City Council hereby finds and determines that the stormwater utility fees imposed in accordance with this Resolution provide an equitable method of funding the stormwater management services and facilities by fairly and reasonably apportioning the costs thereof among the real property specially benefited thereby. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA: Section 1. The recitals set forth above are incorporated herein as legislative findings of the City Council. Section 2. The Mayor and City Council of the City of Port Orange, Florida hereby approve the rate increase for the stormwater utility drainage fees and capital facilities charges as set forth in Sections 3 and 4 hereof, respectively. The stormwater utility fees and charges for Fiscal Year 2018 and each year thereafter shall be collected pursuant to the Uniform Collection Act. Upon adoption hereof, the City Manager shall cause the certification and delivery of the Non-Ad Valorem Assessment Roll for such fees and charges to the Volusia County Tax Collector by September 29, 2017, in accordance with the Emergency Order, and by September 15 of each successive year, in the manner prescribed by the Uniform Collection Act.
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