HomeMy WebLinkAboutDocumentation_Regular_Tab 17_8/8/2024 Agenda Item #17.
Regular Council
STAFF MEMO
Y
Meeting: Regular Council - Aug 08 2024
Staff Contact: Marjorie Craig, Utilities Director Department: Utilities
RESOLUTION NO. 06-24, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING THE STORMWATER UTILITY FEES FOR FISCAL YEAR
ENDING SEPTEMBER 30, 2025, AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED IN
ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES
The Village of Tequesta's (Village) stormwater utility collects approved stormwater rates for the
"Stormwater Enterprise Fund" through a non-ad valorem assessment on the annual tax role. The
Utilities Department is recommending approval of a resolution and revised fee schedule, increasing
stormwater rates by 5% for fiscal year 2025. The proposed schedule of fees would result in a total
annual increase of$4.29 for the base residential rate, which equates to about $0.36 per month.
The Village of Tequesta (Village) is one of approximately 170 local governments in Florida that have
an established "Stormwater Utility" pursuant to, and as defined in Chapter 403, Florida Statutes. The
stormwater utility is responsible for operation and maintenance of the Village's stormwater
infrastructure as well as compliance responsibilities under the Palm Beach County Municipal
Separate Storm Sewer System (MS4) National Pollution Discharge Elimination System (NPDES)
program (http://www.pbco-npdes.org).
The "Stormwater Enterprise Fund" is run on a business model and follows Governmental Accounting
Standards Board (GASB) accounting standards. Revenues collected through the non-ad valorem
assessment are used to fund personnel (1.7 full time equivalent positions or FTE's), operation and
maintenance (O&M), capital costs, and other indirect costs. Capital costs of utilities projects have
soared the last few years, especially in the last year, due to the rising cost of labor and materials, and
the rate increase is needed to help maintain and enhance the system. For many years, renewal and
replacement projects were deferred resulting in increasing stormwater pipe deterioration and failure,
and swale erosion. In some places, the swales have completely disappeared. Needs and plans for
pipe lining, swale restoration, and other projects are projected in our current stormwater master plan.
Over the last five fiscal years, over $2.5 million has been spent on stormwater capital renewal and
replacement projects or pipe lining projects (which effectively renews the pipe for 15-20 years). This
includes a $30,000 Florida Department of Environmental Protection (FDEP) "State Water-quality
Assistance Grant" (SWAG) for a bio-swale (a 60% grant), and a $145,000 ($95k + $50k) vulnerability
assessment (VA) through FDEP Resilient Florida grants (a 100% grant).
We've also been awarded a $157,500 legislative grant administered through FDEP (50% grant). It is
a joint grant with the Town of Jupiter, through the Loxahatchee River Preservation Initiative towards
Page 248 of 265
Agenda Item #17.
the total cost of the project, estimated to be $315,000. The Utilities Department will continue to
pursue grants as much as possible to offset costs.
Please see the attached recommended resolution and exhibit with proposed stormwater rates, a
stormwater rate comparison of the Village and other utilities, and slides from the June 20, 2024
budget presentation related to the Stormwater Enterprise Fund, with accomplishments in FY24, the
projected net financial position, and proposed FY25 budget.
The consideration of this rate increase was advertised online on the Palm Beach County website, on
our website, and on social media. Additionally, owners in the Village of Tequesta were mailed a letter
notifying them of the public hearing at the August 8, 2023, Council Meeting.
Attachments:
1. Resolution for consideration of a 5% stormwater rate increase and Exhibit A with the
stormwater rates
2. 2024 stormwater rate comparison of the Village with other stormwater utilities
3. 2025 VOT SW proposed net position & FY24 stormwater budget presentation
4. Proof of publication affidavit
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
'-�2UDGrY • - •
BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
FUNDING SOURCES: N/A IS THIS A PIGGYBACK:
❑ Yes 0 N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes 0 N/A
QUOTE 1 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 2 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 3 - BUSINESS NAME N/A QUOTE AMOUNT N/A
COMMENTS/EXPLANATION ON SELECTION Not related to a procurement item
1) FY25 Res. 06-24 SW Utility Rate Resolution & Exhibit A Rates
2) 2024 Teguesta Stormwater Rate Comparison
3) FY2024 25 VOT SW Proposed Net Position & FY25 Budget
4) 2025 SW Rate Inc Proof of Publication
Page 249 of 265
Agenda Item #17.
RESOLUTION NO. 06-24
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING THE STORMWATER UTILITY FEES
FOR FISCAL YEAR ENDING SEPTEMBER 30, 2025 AND
AUTHORIZING THE VILLAGE MANAGER TO PROCEED IN
ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta is required to annually
set sufficient levels of stormwater utility fees to ensure adequate revenues are generated;
and
WHEREAS, the Village Council adopts the annual stormwater utility rates as
specified in the attached "Exhibit A" for fiscal year ending September 30t", 2025; and
WHEREAS, the Fiscal Year ending September 30t"1 2025 rates represent a 5%
increase from the prior year; and
WHEREAS, the stormwater rates are to be adopted by resolution and transmitted
to the Palm Beach County Property Appraiser as part of a uniform method of assessment
of these rates by the Village of Tequesta;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. The Village Council of the Village of Tequesta hereby adopts the
rates attached to this Resolution as "Exhibit A" to be effective October 1st, 2024 for the
fiscal year ending September 30t", 2025 and authorizes the Village Manager to proceed
on behalf of the Village in order to provide for their uniform assessment.
SECTION I This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED by the Village Council of the Village of Tequesta this
8t" day of August 2024.
Page 250 of 265
Agenda Item #17. EXHIBIT A-STORMWATER RATE RESOLUTION FOR FY25
VILLAGE OF TEQUESTA-UTILITIES DEPARTMENT
PROPOSED STORMWATER FEES FOR FISCAL YEAR ENDING 9/30/2025
"EXHIBIT A"
NAV FORMULA FORMULA FORMULA FORMULA RATE
CODE NAV TYPE NAV DESCRIPTION MINIMUM MAXIMUM CURRENT FY ENDING
93025
0046001A SFH Tequesta SFH area A 1 2506 $ 85.84 $ 90.13
0046001B SFH Tequesta SFH area B 2507 4621 $ 132.07 $ 138.67
0046001C SFH Tequesta SFH area C 4622 8198 $ 171.69 $ 180.27
0046001D SFH Tequesta SFH area D 8199 $ 264.14 $ 277.35
0046002 CON Tequesta Condo $ 88.49 $ 92.91
0046003 MFH Tequesta MFH (area/3576) $ 110.94 $ 116.49
0046004 COM Tequesta COM(area/3576) $ 0.03693180 $ 0.03877839
0046005 GOV Tequesta GOV(area/3576) $ 0.03693180 $ 0.03877839
0046006 IND Tequesta IND(area/3576) $ 0.03693180 $ 0.03877839
0046007 M H Tequesta M H (area/3576) $ 0.03693180 $ 0.03877839
0046008 VAC Tequesta VAC(area/3576) $ - $ -
Page 251 of 265
Agenda Item #17.
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Agenda Item #17.
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il�g�ll�otice
07/03/2024 3:15 PM (EDT)
Submitted by Jennifer Todd Otodd@tequesta.org)
Tequesta Legal Notice
Please choose a category Meeting Notices-Tequesta
Title Notice of Meeting to Impose & Collect Annual Stormwater Assessments in the
Village of Tequesta-August 8, 2024 6:00 PM
Publish Date 07/03/2024
Publish Time 3:00 PM (EDT)
Page 258 of 265
Submission ID:94289c76-afaf-4baa-8af3-e7b29f6b6ae6 Page 1/3
IMen anitem #17. The Village of Tequesta, Florida, (the "Village")owns and operates a stormwater
utility. The Village's Utilities Department manages and maintains the stormwater
infrastructure within the Village, and minimizes pollution of water bodies that
surround the Village. The Village imposes annual non-ad valorem special
assessments against real property in the Village to fund the stormwater utility
each year. The Village Council is currently in the process of adopting the
stormwater assessment roll for the Village's fiscal year which begins October 1,
2024, and ends September 30, 2025 ("Fiscal Year 25"or"FY25").
Notice is hereby given that the Village Council will conduct a public hearing to
adopt the stormwater assessment roll for FY25, which includes a stormwater
assessment against real property within the Village limits of Tequesta, as depicted
on the map herein.
The public hearing will be held at 6:00 p.m. or as soon thereafter as may be
heard, on August 8, 2024, in the Council Chambers at Village Hall, 345 Tequesta
Drive, Tequesta, Florida, 33469, for the purpose of receiving public comment on
the adoption of the stormwater assessment roll for FY24.
All affected property owners have a right to attend and participate in the hearing
as described above and to file written objections with the Village Council prior to
the meeting. Comments may be submitted by email to utilities@tequesta.org or by
U.S. Mail to The Village of Tequesta, Utilities Department, RE: Stormwater Annual
Assessment Comments, 345 Tequesta Drive, Tequesta, Florida 33469.
The stormwater assessment is based on the impervious area of each parcel as
measured in "Equivalent Residential Units" ("ERUs"). One ERU is based on the
average single-family residence and is equivalent to 2,506 square feet of
impervious area. Each single-family residential parcel is assigned one ERU, and
other property uses are assigned ERUs by using an existing rate class formula
based on land use and impervious area of the parcel. The assignment of ERUs
estimates the amount of stormwater runoff generated by the impervious area on
each property. Impervious area includes the rooftop, driveways, parking lots and
similar hard surfaces that do not allow rainwater to percolate into the ground.
The minimum and maximum annual stormwater assessment rate for FY25 will not
exceed $90.13 and $277.35 per ERU, respectively. The assessment includes a
5% increase from FY24.
A more specific description of the stormwater utility and assessment program and
the method of computing the assessment amount for each parcel are set forth in
Article IV, Chapter 74 of the Village Code of Tequesta, Florida (the "Stormwater
Ordinance"). Copies of the Stormwater Ordinance, the adopted assessment rate
for Fiscal Year 25 and the stormwater utility assessment roll describing the parcels
subject to the stormwater assessments are available for review at the offices of
the City Clerk located at City Hall, 345 Tequesta Drive, Tequesta, Florida 33469.
The stormwater assessments will be collected on the ad valorem tax bill to be
mailed by the Palm Beach County Tax Collector in November 2024, and each
November thereafter, as authorized by section 197.3632, Florida Statutes. The
stormwater assessment is an annual assessment that will be imposed each fiscal
year and will continue from year to year. The annual assessment may include a
share of the costs incurred in the annual administration and collection of the
assessment. Florida law requires that the City must inform you that failure to pay
your assessment will cause a tax certificate to be issued against the property
which may result in a loss of title.
If you have any questions regarding the stormwater assessment, please contact
the Village of Tequesta Utilities Department at (561) 768-0700.
If you decide to appeal any decision made by the Village Council with respect to
any matter considered at the meeting, you will need a record of the proceedings
and may need to ensure that a verbatim record is made, including the testimony
and evidence upon which the appeal is to be made. In accordance with the
Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in this proceeding should contact the City Clerk at
(561) 768-0443 at least two (2)days prior to the date of the hearing.
Attach Files(Optional) FY25 Proof Public Notice final Stormwater Assessments.p df
Page 259 of 265
Submission ID:94289c76-afaf-4baa-8af3-e7b29f6b6ae6 Page 2/3
AgMIdB#qBM&16Zdress) jtodd@tequesta.org
Notifications Yes
Signature
Page 260 of 265
Submission ID:94289c76-afaf-4baa-8af3-e7b29f6b6ae6 Page 3/3
Agenda Item #17.
ffid va of Legal Notice submission and publica on
Tequesta Legal Notice
Submission Time, OP03i2024 3:13PIA(EDT)
Please find a P F of your submission detwis attached to this email.
The attachments included in your submission are listed below_ This legal
Notice along wM the attachments ts now publi bed on the web p # l
FY25 Proof Public Notice final Stormwater Assessments pd
signature prig
Signature of Affiant
Signature of Notary Public
0929
Commission HH 110929
Notary �.
- '`` ,2025
Stain � ' Tray Fin I��I
Tequesta Legal Nob a Submission
Page 261 of 265
Agenda Item #17.
NOTICE OF MEETING TO IMPOSE The stormwater assessment is based on the impervious area
of each parcel as measured in"Equivalent Residential Units"
AND COLLECT ANNUAL ("ERUs"). One ERU is based on the average single-family
residence and is equivalent to 2,506 square feet of
STORMWATER ASSESSMENTS IN THE impervious area. Each single-family residential parcel is
assigned one ERU, and other property uses are assigned
VILLAGE OF TEQUESTA, FLORIDA ERUs b usin an existin rate class formula based on land
Y g g
. use and impervious area of the parcel. The assignment of
V _ ERUs estimates the amount of stormwater runoff generated
I'7hf f y by the impervious area on each property. Impervious area
rooftop, driveways, parkin includes the lots and similar
p Y g
hard surfaces that do not allow rainwater to percolate into
- � the ground.
V� ✓ m,��j,.
:t a
- 'S' The minimum and maximum annual stormwater assessment
4. r � rate for FY25 will not exceed $90.13 and $277.35 per ERU,
respectively. The assessment includes a 5/ increase from
'} FY24.
A more specific description of the stormwater utility and
F 'y
assessment program and the method of computing the
p g g
y -3 assessment amount for each parcel are set forth in Article
lei CA IV, Chapter 74 of the Village Code of Tequesta, Florida (the
The Village of Tequesta, Florida, (the "Village") owns and "Stormwater Ordinance"). Copies of the Stormwater
operates a stormwater utility. The Village's Utilities Ordinance, the adopted assessment rate for Fiscal Year 25
Department manages and maintains the stormwater and the stormwater utility assessment roll describing the
infrastructure within the Village,and minimizes pollution of parcels subject to the stormwater assessments are available
water bodies that surround the Village.The Village imposes for review at the offices of the City Clerk located at City Hall,
annual non-ad valorem special assessments against real 345 Tequesta Drive,Tequesta, Florida 33469.
property in the Village to fund the Stormwater utility each The stormwater assessments will be collected on the ad
year. The Village Council is currently in the process of valorem tax bill to be mailed b the Palm Beach Count Tax
adopting the stormwater assessment roll for the Village's Y Y
fiscal year which begins October 1, 2024, and ends Collector in November 2024,and each November thereafter,
Y „ g „ as authorized by section 197.3632, Florida Statutes. The
September 30,2025 ("Fiscal Year 25 or"FY25""). stormwater assessment is an annual assessment that will be
Notice is hereby given that the Village Council will conduct a imposed each fiscal year and will continue from year to year.
public hearing to adopt the stormwater assessment roll for The annual assessment may include a share of the costs
FY25, which includes a stormwater assessment against real incurred in the annual administration and collection of the
property within the Village limits of Tequesta, as depicted assessment. Florida law requires that the City must inform
on the map herein. you that failure to pay your assessment will cause a tax
The public hearing will be held at 6:00 p.m. or as soon certificate to be issued against the property which may
thereafter as may be heard,on August 8,2024,in the Council result in a loss of title.
Chambers at Village Hall, 345 Tequesta Drive, Tequesta, If you have any questions regarding the stormwater
Florida, 33469,for the purpose of receiving public comment assessment, please contact the Village of Tequesta Utilities
on the adoption of the stormwater assessment roll for FY24. Department at(561) 768-0700.
All affected property owners have a right to attend and If you decide to appeal any decision made by the Village
participate in the hearing as described above and to file Council with respect to any matter considered at the
written objections with the Village Council prior to the meeting,you will need a record of the proceedings and
meeting. Comments may be submitted by email to may need to ensure that a verbatim record is made,
utilities@tequesta.org or by U.S. Mail to The Village of including the testimony and evidence upon which the
Tequesta, Utilities Department, RE: Stormwater Annual appeal is to be made. In accordance with the Americans
Assessment Comments, 345 Tequesta Drive, Tequesta, with Disabilities Act of 1990, persons needing a special
Florida 33469. accommodation to participate in this proceeding should
contact the City Clerk at(561)768-0443 at least two(2)
days prior to the date of the hearing.
Page 262 of 265