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HomeMy WebLinkAboutDocumentation_Regular_Tab 23_8/12/2025 Agenda Item #23. Regular Council STAFF MEMO x Meeting: Regular Council - Aug 12 2025 Staff Contact: Marjorie Craig, Utilities Director Department: Utilities ffNfflWW RESOLUTION NO. 13-25, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING THE STORMWATER UTILITY FEES FOR FISCAL YEAR ENDING SEPTEMBER 30, 2026, AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES M. 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 roll. 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$4.51 for the base residential rate, which equates to about $0.38 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 the 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" operates on a business model and adheres to 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 over 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 $2.6 million has been spent on stormwater capital renewal and replacement projects or pipe lining projects (which effectively renews the pipe for 15-20 years), which includes a $30,000 Florida Department of Environmental Protection (FDEP) "State Water-quality Assistance Grant" (SWAG) for a bio-swale. The Dover Ditch, a shared conveyance with the Town of Jupiter, has a 50% matching legislative grant through the Loxahatchee River Preservation Initiative. The Village will receive $157,500 in funds to match towards the total estimated cost of the improvements of $315,000. The project has been awarded, and the pre-construction meeting was Page 218 of 313 Agenda Item #23. held on July 30, 2025. 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 22, 2025, budget presentation related to the Stormwater Enterprise Fund, with 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 14, 2025, Council Meeting. Attachments: 1. Res.13-25 for consideration of a 5% stormwater rate increase 2. Exhibit A— FY26 Proposed Stormwater Rates 3. 2024 stormwater rate comparison of the Village with other stormwater utilities 4. 2025 VOT SW proposed net position & FY25 stormwater budget presentation 5. Proof of Publication 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. BUDGET • - • BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A FUNDING SOURCES: N/A IS THIS A PIGGYBACK: ❑ Yes ❑x N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑x 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 SELECTIONNot related to a procurement item ATTACHMENTS: i 1) Res. 13-25 for Consideration 2) Exhibit A- FY26 Proposed Stormwater Rates 3) 25.0731.2024 Stormwater Rate Comparison 4) FY25-26 Stormwater Budget Slide 5) 2026 SW Rate Proof of Publication Page 219 of 313 Agenda Item #23. RESOLUTION NO. 13-25 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING THE STORMWATER UTILITY FEES FOR FISCAL YEAR ENDING SEPTEMBER 30, 2026, 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 the fiscal year ending September 30th, 2026; and WHEREAS, the Fiscal Year ending September 30th, 2026, 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, 2025, for the fiscal year ending September 30th, 2026, and authorizes the Village Manager to proceed on behalf of the Village in order to provide for their uniform assessment. SECTION 2. This resolution shall become effective immediately upon adoption. Page 220 of 313 Agenaa item iuj. 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Agenda Item #23. o 00 Q� O p v c s X C� i .�. a. O ~ M �. N }, `� DC — t!}� N N 3 O p . m O N N c6 O LL `� O Q1 fu N N tUp O \ — c6 • aj O Q N c.n O cn O O O O i cn 4, rl �, r-I N DC w O H ;;v cn cM -Ln c/) V) a ■ ■ ■ LL o o o 41* Ln r�% r- M O M O 14.% mI� r-I r-I lG rl 1� r-I O rl 1� I� lf L Ll1 r-1 M V IIq V lC N O M Gl ^ ' �--� OLA 0 +, O H Q N H Z cn .............. V O C .y `ti •� O ................................ .O •� ..........I.................... O_ N X N N +� �--� CC O z O W to Z V /1� ++ i a +' a ++ s +' _ V O Q M V O V M V a aAN aoN £ N N41 N a m J W a m J W a W LV LL.z L j W M M age 223 of 31 AspjtUtL Motice 07/11/2025 9:25AM(EDT) Submitted by Jennifer Todd Otodd@tequesta.org) .r� Tequesta ' • . Notice Please choose a category Meeting Notices-Tequesta Title NOTICE OF MEETING TO IMPOSE AND COLLECT ANNUAL STORMWATER ASSESSMENTS IN THE VILLAGE OF TEQUESTA, FLORIDA-AUGUST 12, 2025- 6 PM Publish Date 07/03/2025 Publish Time 4:17 PM (EDT) Description 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, 2025, and ends September 30, 2026 ("Fiscal Year 26"or"FY26"). Notice is hereby given that the Village Council will conduct a public hearing to adopt the stormwater assessment roll for FY26, 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 12, 2025, 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 FY26. 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 Page 224 of 313 Submission ID:e4f21569-8aOd-41c7-8856-1533445eb39e Fjgc i:,_ Agenda Item #23. 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 FY26 will not exceed $94.64 and $291.22 per ERU, respectively. The assessment includes a 5% increase from FY25. 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 26 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 2025, 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) 9 FY26 Stormwater Public Notice Final DLR_.pdf Submitted by(Email Address) jtodd@tequesta.org Notifications Yes Signature Page 225 of 313 Submission ID:e4f21569-8aOd-41c7-8856-1533445eb39e Fac;c 2 2 Agenda Item #23. , Affidavit of Legal Notice submission and publication Tequesta Legal Notice Submission Time. 07/03/2025 4:23 PM (EDT) Please find a PDF of your submission details attached to this email. The attachments included in your submission are listed below. This Legal Notice along with the attachments is now published on the web portal. • FY26 Stormwater Public Notice Final DLR -pdf • signature.png Signature of Affiant Signature of Notary Public wAY]0A,0-b ,� :.. DMA coLErrErNaNnu Commission#HH 572660 Notary ''''�o':;:?.' s November 17,2028 Stamp - Tequesta Legal Notice Submission Page 226 of 313 Agenda Item #23. 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 VILLAGE OF TE�IUESTA FLORIDA assigned one ERU, and other property uses are assigned `� z ERUs by using an existing rate class formula based on land use and impervious area of the parcel. The assignment of ____ nR_ 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 _' y the ground. The minimum and maximum annual stormwater assessment rate for FY26 will not exceed $94.64 and $291.22 per ERU, Ilia_ 1 ",i respectively. The assessment includes a 5% increase from FY25. 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 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 26 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 by the Palm Beach County Tax adopting the stormwater assessment roll for the Village's Collector in November 2025,and each November thereafter, fiscal year which begins October 11` 2025, and ends as authorized by section 197.3632, Florida Statutes. The September 30,2026("Fiscal Year 26 or"FY26"). 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 FY26, 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 certificate to be issued against the property which may soon thereafter as may be heard, on August 12, 2025, result in a loss of title. in the Council Chambers at Village Hall, 345 Tequesta If you have any questions regarding the stormwater Drive, Tequesta, Florida, 33469, for the purpose of assessment, please contact the Village of Tequesta Utilities receiving public comment on the adoption of the Department at(561)768-0700. stormwater assessment roll for FY26. If you decide to appeal any decision made by the Village All affected property owners have a right to attend and Council with respect to any matter considered at the participate in the hearing as described above and to file meeting,you will need a record of the proceedings and written objections with the Village Council prior to the may need to ensure that a verbatim record is made, meeting. Comments may be submitted by email to including the testimony and evidence upon which the utilities@tequesta.org or by U.S. Mail to The Village of appeal is to be made. In accordance with the Americans Tequesta, Utilities Department, RE: Stormwater Annual with Disabilities Act of 1990, persons needing a special Assessment Comments, 345 Tequesta Drive, Tequesta, accommodation to participate in this proceeding should Florida 33469. contact the City Clerk at(561)768-0443 at least two(2) days prior to the date of the hearing. Page 227 of 313