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HomeMy WebLinkAboutDTS-10-085 - Update on Stormwater Utility REPORT REPORT TO: Mayor C. Zehr and Members of Council DATE OF MEETING: May 3, 2010 SUBMITTED BY: Grant Murphy, Director Engineering Services PREPARED BY: Grant Murphy, Director Engineering Services - 741-2410 WARD(S) INVOLVED: All DATE OF REPORT: April 27, 2010 REPORT NO.: DTS-10-085 SUBJECT: UPDATE ON STORMWATER UTILITY RECOMMENDATION: For information. BACKGROUND: In November 2004, Council directed staff to proceed with undertaking a Stormwater Management Program and Funding Review Study (Study) collaboratively with the City of Waterloo as part of the Shared Services Initiative. The purpose was to identify the City’s current level of service, compare this to the legislated requirements and guidelines, develop a suggested level of service, and to evaluate appropriate funding mechanisms to support the stormwater program needs. The Study recommended that a utility structure and user rate approach be implemented in order to fully fund stormwater management programming within the City of Kitchener. Council approved the principle of shifting stormwater management programming from the tax base to a rate based approach on January 18, 2010 (DTS Report 10-016 and 10-023). As well, Council approved an annual sustainable level of service for stormwater management of $9,910,590 (2007) and directed staff to present additional information on a preferred rate methodology for their consideration. On February 8, 2010, staff provided additional information to Council regarding the “tiered flat fee” stormwater rate model was approved by Council. Further direction was provided to staff to develop a ten (10) year capital and operating forecast, options for a storm water rate schedule and stormwater rate implementation plan, and present these recommendations to Council for consideration on or before May 31, 2010. This report provides an update on the status of the work completed to date and includes a draft stormwater programming 10 year forecast, a draft stormwater rate schedule, and an update on the consultation process with tax exempt property sector. REPORT: As per direction from Council, the ten (10) year capital and operating forecast for the stormwater management program has been recently updated to reflect current program costs as the original study was based on 2007 program information. Based on updated information, the current service level estimate has been revised from $5.82M to $8.9M annually. As such, the sustainable level of service has been revised from $9.91M to $13M annually, based on the approved Council increase in the service level of $4.1M. The service level of $13M includes inflationary adjustments, refined construction cost estimates not originally considered in the 2007 Feasibility Study, and the inclusion of administrative and support service overheads. The City allocates administrative overheads to operating units to better reflect the full cost of providing service and to assist in setting appropriate user fees and charges. To be consistent, in developing the operating projections for the Storm Water Utility, staff have allocated a reasonable share of corporate overheads to the Utility consistent with the approach for other enterprises. These allocations do not reflect new costs to the rate payer; rather they are reflected in the shift from the tax or utility base and the corresponding reduction in the property tax rates and other utility rates. These overheads amount to approximately $1 million and pertain to the following functions: billing, collecting, customer service, facilities management, dispatch, engineering management, human resources, finance/accounting, purchasing, information technology, etc. It should be noted that the forecast takes into consideration the proposed remediation and upstream SWM works, identified in the Victoria Park Lake Class EA Study Report, starting in 2011 with completion in 2015 and ensures that this remains a priority project for Council. Refer to Table 1 which provides details associated with the revised annual program forecast over the next ten (10) years (draft version shown). Table 1 – Draft 10 Year Stormwater Program Capital and Operating Forecast (2011 to 2020) Draft Stormwater Rate Schedule Based on the results from the Study, Council approved the principle of shifting stormwater management programming from the tax base to a rate based approach on January 18, 2010. On February 8, 2010, staff provided additional information to Council regarding the “tiered flat fee” stormwater rate model was approved by Council. A “tiered flat fee” structure made up of four (4) broad tiers (single family, multi-family, non- residential, and tax-exempt non-residential) was recommended to be adopted for implementation. Based on Council direction staff have investigated an approach to provide further sub-tiers to take into account the differentiation of various property sizes and property uses. This “tiered flat fee” structure is consistent with what is being considered by the City of Waterloo and includes 11 rate categories in the draft stormwater rate schedule shown in Table 2. The rate schedule is based upon the updated 10 year stormwater program capital and operating forecast of $13.0M annually (less sources of other revenue such as the federal gas tax reserve). Table 2 – Draft Tiered Flat Fee Rate Schedule The proposed rate structure ensures that stormwater program costs are equitably and fairly distributed amongst property classes in accordance with the recommendations of the 2007 Feasibility Study (i.e. 51% single family, 14% multi-family, 26% taxable non-residential, and 9% tax-exempt non-residential). The rate structure would enable an approximate 10% shift in overall stormwater program costs from residential users to the non-residential sector, where taxable non-residential properties would be paying their fair share of stormwater services, due to the amount of stormwater run-off generated from their properties. All property owners would be charged a stormwater rate based on the rate schedule. including tax-exempt properties. Tax-exempt properties would be charged the stormwater rate according to the non-residential categories 8, 9, 10 and 11 in Table 2. Tax exempt properties include governmental parcels (e.g. municipal, regional, provincial, and federal buildings) as well as institutional parcels (e.g. schools, hospitals, and churches) and other charitable organizations that are registered with the Canada Revenue Agency and therefore exempt from taxation under the Income Tax Act. FINANCIAL IMPLICATIONS: None at this time. COMMUNICATIONS: Stormwater Advisory Committee In early 2005, a Stormwater Advisory Committee (SWAC) was formed consisting of various stakeholders from across the Cities of Kitchener and Waterloo. Representation has included the school boards and universities, the Chamber of Commerce, other business representation and members of the public. Eight meetings over the last 4 years have been held with the Committee, as well as individual meetings with the various stakeholders to identify issues and concerns. The project team circulated the Draft Final Report to the SWAC members on October 22, 2008 th for their review and comments. At the December 4, 2008 SWAC meeting, these comments were addressed, the final study report was presented, and the consultation process formally concluded. Additionally over the past eight (8) months, staff have also been providing e-mail updates to the members of Stormwater Advisory Committee as reports go forward to Council on matters related to the stormwater rate. Cconsultation Process - Tax Exempt Sector As directed by Council, staff have initiated additional public consultation with the school boards and the “places of worship” during March and April 2010. Both the Waterloo Region District School Board and the Waterloo Region Separate School Boards have raised concerns as to a municipality’s authority charge stormwater rates to tax exempt sector properties. As this relates to a legal matter, staff will address it in caucus with Council. In the meantime, information about the proposed rate structure has been provided to the Boards for their consideration and it is anticipated that further dialogue will be needed to resolve this matter. th Letters were issued to 171 “place of worship” properties on March 29, inviting property owners th to attend a special open house on April 14 at the Downtown Community Centre. The open house provided information about the draft stormwater rate schedule. 25 places of worship were represented at the open house, with 33 people attending. Feedback forms were provided and th attendees were encouraged to return them by April 28. Additional letters were issued on April th 18 , including a copy of their estimated rate cost (a property SWM rate fact sheet), informing th them that information had been posted to the City’s web page and of the May 10 Financial and Corporate Services Committee at which a report will be presented on the stormwater rate implementation. At the time of writing this report, it was not possible to include a complete synopsis of these feedback forms, and staff intend to provide this information at the May 10th meeting for Council’s consideration. CONCLUSION: th On May 10 2010, Council will be presented with a stormwater rate structure to implement the ten (10) year operating and capital forecast, and a rate implementation plan to deliver a sustainable level of service for stormwater management. ACKNOWLEDGED BY: Jeff Willmer, General Manager, Development and Technical Services