Leon County
Board of County Commissioners
Agenda Item#20
 
February 20, 2024
To: Honorable Chairman and Members of the Board
  
From: Vincent S. Long, County Administrator
  
Title: Status Report on the Extension of Sewer Service to Properties in Unincorporated Leon County Located within the Urban Services Area
  

 

 

Review and Approval: Vincent S. Long, County Administrator
Department/Division
Review and Approval:		 Ken Morris, Assistant County Administrator
Ben Pingree, Assistant County Administrator
Artie White, Director, Planning, Land Management & Community
Enhancement
Brent Pell, Director, Public Works
Laurel Harbin, Director, Planning
Lead Staff/
Project Team: 		Russell Snyder, Administrative, Land Use Planning Division
Susan Denny, Senior Planner, Land Use Planning Division
Anna Padilla, Stromwater Management Coordinator

 

 

Statement of Issue:

This item provides a status report on the extension of centralized sanitary sewer service to unincorporated areas located within the Urban Services Area, particularly on the Southside and Southern Triangle area.  This item includes the information requested by the Board at its November 14, 2023 meeting as well as the information requested by the Board at its January 23, 2024 meeting.

 

Fiscal Impact:  

This item has no fiscal impact.

 

Staff Recommendation:

Option #1:       Accept the Status Report on the Extension of Sewer Service to Properties in Unincorporated Leon County within the Urban Services Area.

 

 

 

 

Report and Discussion

 

Background:

As requested at the Board’s November 14, 2023 and January 23, 2024 meetings, this item provides an update on the provision of sewer service to properties located within Leon County’s unincorporated area and within the Urban Services Area (USA) boundary.  This item also identifies current and planned sewer extension projects in these areas and outlines the policies, plans, and procedures for potential sewer service expansion.

 

This update advances the following FY2022-FY2026 Strategic Initiatives:

 

These particular Strategic Initiatives align with the Board’s Environment and Quality of Life Strategic Priorities:

 

Leon County has a long history of working to extend sewer service to critical areas of the community, particularly areas of unincorporated Leon County inside the Urban Services Area (Attachment #1) on the Southside.  Unincorporated Leon County includes all areas of the County that are not inside city limits.  The Urban Service Area (USA) is a growth management strategy adopted in the Tallahassee-Leon County Comprehensive Plan that is “based upon a desire to have Tallahassee and Leon County grow in a responsible manner, with infrastructure provided economically and efficiently, and surrounding forest and agricultural lands protected from unwarranted and premature conversion to urban land uses.  The Urban Service Strategy provides for well-managed, orderly growth, which preserves natural resources and promotes fiscal responsibility.” The USA works by generally directing growth to areas with existing infrastructure, identifying where urban infrastructure and services are planned to be provided, and identifying areas outside of the USA where urban infrastructure and services are not to be provided.  The effort to extend sewer service to areas of unincorporated Leon County inside the USA furthers this goal.

 

The focus on extending sewer service includes collaborative partnerships with the City of Tallahassee and aggressively pursuing grant funding to expedite the process and to reduce or remove fiscal impacts to Leon County residents.

 

As described in the analysis below, the extension of sewer service is guided by Comprehensive Plan policies that reflect the community’s growth strategy, the Water and Sewer Agreement between Leon County and the City of Tallahassee, and the City of Tallahassee Master Sewer Plan.

 

These plans and agreements, along with the collaborative work with the City of Tallahassee and the success with pursuing grant funding, has resulted in numerous sewer extension projects that are described in greater detail in the analysis below.

 

Analysis:

As detailed below, the extension of sewer service is guided by Comprehensive Plan policies that reflect the community’s growth strategy, the Water and Sewer Agreement between Leon County and the City of Tallahassee, and the City of Tallahassee Master Sewer Plan.  Each of those documents, with analysis of how they relate to the expansion of sewer to unserved areas, is detailed in the following three sections.

 

Tallahassee-Leon County Comprehensive Plan

The provision of sewer services in Leon County is guided by policies in the Utilities Element of the Tallahassee-Leon County Comprehensive Plan.  Objective 1.3[SS]: Sanitary Sewer Level of Service and associated policies address the alignment of providing sewer service and the community’s growth strategy.  Objective 2.1 [SS]: Extension of Sanitary Sewer Service and associated policies address how sewer service is extended to new areas of the community.  These objectives and policies set the parameters for the Water and Sewer Agreement and the Master Sewer Plan, as detailed below.

 

Per the Comprehensive Plan policies, the provision of sewer service is limited to areas within the Urban Services Area (USA), to designated rural communities, and to properties designated as Urban Fringe on the Future Land Use Map.  The purpose of this limitation is to promote orderly, compact urban growth, maximize the use of existing public infrastructure, and provide sewer service in a cost-efficient manner. 

 

The Comprehensive Plan also specifies in Policy 1.3.2: [SS] that a higher priority shall be placed on serving areas that are within the Southside Action Plan area (Attachment #2).  This area encompasses approximately 22 square miles of land in the southern quadrant of the Urban Services Area that was identified as a priority area for quality land development and redevelopment that was adopted into the Land Use element of the Comprehensive Plan in 1998 by Leon County and City of Tallahassee governments.  In addition, the provision of sewer service according to the Comprehensive Plan is prioritized in areas that may negatively impact the environmental quality of Wakulla Springs if developed with septic due to the sandy, more permeable soil conditions.  In these areas of southern Leon County that are composed of sandy soil conditions with little to no overlying protective clay, pollutants at the land surface, or in septic systems, are more likely to find their way into the Floridan aquifer and Wakulla Springs.  Therefore, the provision of sewer service to reduce waste disbursement into the soil for these areas is prioritized in areas designated in the Comprehensive Plan and the Leon County Land Development Code as the Primary Springs Protection Zone (Attachment #3).

Water and Sewer Agreement

The Water and Sewer Agreement between Leon County and the City of Tallahassee was adopted by the Board and the City Commission in 2005 and identifies the roles and responsibilities of both jurisdictions in the provision of water and sewer service (Attachment #4).  Specifically, the Water and Sewer Agreement (Agreement) does the following:

 

Master Sewer Plan

The Water and Sewer Agreement, adopted by Leon County and the City of Tallahassee in 2005 requires the City to develop and maintain a long-range Master Plan for sewer projects within the franchise area.  The resulting Master Sewer Plan is a planning tool used to identify current and future infrastructure needs and direct project prioritization through the City’s Capital Improvement Program (CIP).  Per the Agreement, the City determines the sewer service provisions for existing developments on the basis of site-specific evaluation that includes cost feasibility, availability of easements, and other pertinent factors in accordance with the water and sewer agreement and the City of Tallahassee Code of Ordinances Section 21-91.

 

The Master Sewer Plan is updated every five years and, per the Water and Sewer Agreement, is submitted to the County for approval.  The most recent approval of the Master Sewer Plan update was issued at the October 12, 2021, Board meeting for the 2040 Master Sewer Plan.  The 2040 Master Sewer Plan covers the period from 2021 through 2040 and serves as a guide for implementing operational and capacity improvements to the City’s sewer collection system.  The Master Sewer Plan includes a sewer system computer model, evaluation of all City-owned pump stations, forcemains, gravity sewers 10-inch and larger (along with some smaller gravity lines for connectivity), and a 20-year CIP.  The Master Sewer Plan contains research data, calculations, and geospatial maps.  It also contains information that is exempt from public disclosure under the Homeland Security Act; therefore, pertinent excerpts from the 2040 Master Sewer Plan are included as Attachment #6.

 

The City of Tallahassee and Leon County work together through the Comprehensive Plan, the Water and Sewer Agreement and the Master Sewer Plan to extend sewer to unsewered areas inside the USA.  As presented in this item, the county’s focus on the Primary Springs Protection Zone has led to success in advancing septic to sewer projects that protect Wakulla Springs while gaining substantial state grant support for this top county priority.  This County-City coordination also addresses the operational needs of the existing sewer system to provide infrastructure improvements to the existing sewer system in order to accommodate the new sewer projects that are under construction or planned for construction. 

 

This close coordination and ongoing planning effort between the County and City has provided leveraging opportunities with the state to gain substantial state grants for local septic to sewer projects within the Wakulla Springs Basin Management Action Plan (BMAP) for the reduction of nutrient loading to Wakulla Springs.  In 2015, county coordination with the state led to state grant funding for county septic to sewer projects that aligned with BMAP goals.  Specifically, it has led to advancing $63M for implementation of septic to sewer projects in the target Lake Munson area and in Woodville.  Additional analysis on those projects is detailed in the implementation section that follows on the next page. 

 

Sewer Service Expansion Implementation

The expansion of sewer service to developments in the unincorporated area of southern Leon County, specifically for those properties located in the USA, is accomplished in three ways:

(1) The implementation of the City’s Master Sewer Plan

(2) Leon County’s Septic-to-Sewer projects

(3) The development or redevelopment of private property

 

The following table provides a comparison of the three methods of sewer service expansion:

 

 

Table 1.  Implementation Methods for Sewer Service Expansion

Expansion Method

Master Sewer Plan

Septic-to-Sewer Projects

Private Development

Entity

City of Tallahassee

Leon County

Developer

Project Location

Determined by the City’s feasibility analysis per City of Tallahassee Code of Ordinances Section 21-91.  Target Areas and Southside Action Plan areas prioritized.

Priority investment areas identified by Leon County.  Locations are in the USA, Primary Springs Protection Zone, and are on the priority projects list in the Springs Protection Plan.

Project site determined by developer

Funding Source

Enterprise Fund

Grants

General Fund

Sales Tax Extension Funds

Grants

America Rescue Plan Act Funds

Private Funding

 

The following sections, beginning on the next page, provide specific details of how the city is expanding its sewer to targeted unserved areas on the southside through its Master Sewer Plan, specifically the Southern Triangle Water and Sewer Expansion and relevant improvements to existing sewer infrastructure.  These sections also provide specific details on how Leon County is expanding sewer service through Septic to Sewer projects for neighborhoods including Woodside Heights and Annawood/Belair, Northeast Lake Munson, and Woodville. 

 

Finally, information related to privately funded sewer expansions is provided.  Privately funded expansions of sanitary sewer in unincorporated Leon County occur during development and redevelopment of properties. 

 

Current Sewer Expansion Projects in Unincorporated Leon County

 

Southern Triangle Water and Sewer Expansion

In support of Southside septic-to-sewer improvements within the unincorporated area, the City Commission took formal action to initiate the Southern Triangle Water and Sewer Expansion effort at their October 26, 2022, meeting.  At this meeting, the City Commission authorized staff to proceed with the extension of water and sewer utility infrastructure into the unserved areas of the Southern Triangle; and to amend the Water and Sewer FY23 Capital Improvement Plans to provide initial planning and design funding for the project.  The following map was included in the City Commission’s Annual Retreat materials in January 2024, and shows the project area.

 

-     Shaded yellow area – Land within City limits.

 

Southern Triangle – City Work Performed in 2023:  Based on City Commission direction in October 2022, City staff quickly moved forward with implementation and began survey work the week of November 28, 2022.  This took approximately 3 months and was completed in early 2023.  This survey work included the collection of data, including right-of-way and utility easement boundaries; location, size, and depth of existing utilities; location of physical improvements within the rights-of-way/easements; and topographic information.  As this survey data was being collected, City staff also began the conceptual design phase to expand sewer within the Southern Triangle, which is their current project phase.  This phase involves the identification of suitable corridors for the infrastructure construction that are cost effective and minimize impacts to citizens and the environment.  City staff was able to move quickly on the survey and conceptual design because of the $2 million in funding authorized  by the City Commission in their action, specifically action #2, listed above.  The conceptual design phase of the project is anticipated to be completed later this year (the specific timeline is not known at this time).

 

Southern Triangle - Upcoming City Work:   Based on the conceptual design that will be finished this year (2024), the City will proceed with preparing final construction plans, and obtaining easements and acquiring right-of-way where needed.  This is anticipated to take approximately 2 years.  As the needed easements and rights-of-way are obtained, the project will then move into construction.  The City will construct the water mains, sewer pump stations, and sewer lines, extending up to the property lines.  Full construction will occur after easements and rights-of-way are acquired and is estimated to take 3 years.  Once constructed, the Water and Sewer Expansion project for the Southern Triangle will provide water and sewer service to approximately 203 properties in the area outlined with a dashed pink line on the map shown above not currently served by sewers.

 

Update at City Retreat and New Grant Details:  City staff provided an update to the City Commission on this project at their retreat on January 17, 2024, including that the City secured nearly $12 million in grant funding for the project during 2023.  This funding was derived from two awarded grants, as follows:

 

At their regular meeting following the retreat, the City Commission authorized the negotiation and execution of these grant agreements with the State.  Required matching funds from the City will be funded from future appropriations within the City’s Underground Utilities & Public Infrastructure's (UUPI) five-year Capital Improvements Plan.

 

Southern Triangle – Current Status and Next Steps:  As detailed above and recently presented by City staff at their annual retreat, this City Water and Sewer Expansion project for the Southern Triangle is currently in conceptual design.  This phase began in 2022 and will be completed this year (2024).  This phase will be followed by acquisition of easements and rights-of-way, which will take approximately 2 years (through 2026).  As the needed easements and rights-of-way are obtained, construction will begin and take approximately 3 years (through 2029) for full completion.  Once the project is completed, all residents and properties within the Southern Triangle will have access to the City’s central water and sewer system.  The most recent estimated budget for the entire project is currently $20 Million.  Once the project is complete, all residents and properties within the Southern Triangle will have access to the central water and sewer system.

The City does not require properties to connect to the sewer once it becomes available.  However, a readiness to serve fee is assessed monthly by the City on a property owner’s utility bill, or annually by the county as a non-ad valorem assessment on their property tax bill if the property does not have a city utility account.  The readiness to serve rate is currently $22.70/month and there is a 50% surcharge for properties outside of city limits.    

 

Relevant Improvements to Southside Sewer Infrastructure

Beyond the Southern Triangle, the City has prioritized necessary sewer infrastructure improvements in preparation to accept new sewer customers from the county’s septic to sewer expansion projects as those projects complete construction.  Sewer system infrastructure improvements identified in the City’s 2040 Master Sewer Plan include upgrades that will double the city’s sewer capacity, and redundancy, in the Southern Leon County area to both increase sewer performance and accommodate new flows from the County’s septic-to-sewer projects in the Lake Munson and Woodville Target Areas in southern Leon County, detailed further below.  This City investment is key for the County’s septic-to-sewer projects to be feasible.   

 

Leon County Septic-to-Sewer Projects

Since 2018, the County has completed multiple Septic-to-Sewer projects in southern Leon County and transferred the sewer infrastructure over to the City to operate and maintain.  Completed and ongoing Septic-to-Sewer projects include (note: map details are included in Attachment #7):

 

 

The completed and ongoing projects will provide sewer service to 709 homes currently served by septic tanks in the Primary Springs Protection Zone (PSPZ) in unincorporated Leon County.  An additional $18.1M has also been allocated by the county and FDEP thus far for construction of the next phase of the Woodville Sewer System.  Combined, these investments reflect a total funding amount, either spent or included in the five-year CIP, for County sewer projects that is over $63 million.  The next three phases for the Woodville Sewer project will provide sewer service to another 819 lots once constructed.  

 

The County’s progress in constructing new sewer infrastructure in southern Leon County can be attributed to its strategic planning and establishing goals to remove/replace septic tanks in the PSPZ, the first of its kind partnership with the Florida Department of Environmental Protection (FDEP) providing multiyear matching funds via the Springs Improvement Plan, the dedication of local sales tax funds for water quality projects, and substantial success in pursuing state grants with proven results. The above projects are described in more detail, on the following page.

 

Woodside Heights and Annawood/Belair Septic-to-Sewer Project

The Woodside Heights and Annawood/Belair Phase 1 septic-to-sewer projects have been completed, and Phase 2 of Annawood/Belair is near completion.  These projects provide sewer connections to 320 properties in three neighborhoods located inside (north) of Capital Circle Southeast.  The Woodside Heights project, completed in 2019, provides sanitary sewer service to nearly 200 properties and the Belair/Annawood project will provide sanitary sewer service to 121 properties.

 

Northeast Lake Munson Septic-to-Sewer Project

The Northeast Lake Munson septic-to-sewer project is currently under construction and will provide sewer to over 220 properties immediately adjacent to Lake Munson, south of Capital Circle Southwest and west of Crawfordville Road.  Construction for this project began in February 2023 with installation of the sewer lines and pump stations.  Importantly, a separate item on this agenda includes a new grant award by the state for approximately $2.9M for this project.  The project is estimated to be complete in August 2024. 

 

Woodville Septic-to-Sewer Project

The Woodville septic-to-sewer project will bring sewer service to nearly 1,000 properties in the Woodville community and has four phases.  Construction of the first phase of the Woodville project began in June 2023.  The first phase will provide sanitary sewer service to 170 properties and construction is expected to be complete in October 2024.  Importantly, a separate item on this agenda includes a new grant award by the state for $4.9M for this project.  Another agenda item on the Board’s agenda presents another, new grant opportunity to pursue an additional $10M in grant funding from the NW Florida Water Management District for the next phase of this project.

 

Design and right-of-way easement acquisition for the second phase of the Woodville project is anticipated to be completed by October  2024.  The third and fourth phases of the Woodville septic-to-sewer project are still in the design phase.  To maintain the County’s commitment of providing sewer to the remaining phases of the Woodville Project, this month’s Board agenda includes an item authorizing the County Administrator to submit a grant application for springs restoration funding from the Northwest Florida Water Management District.  If awarded, this additional funding would supplement the existing FDEP commitments and offset the rising construction costs.   An update on the Springs Improvement Plan and out-year funding commitments for projects in southern Leon County will be included in the FY 2025 budget process.

 

For the above Septic-to-Sewer projects, Leon County ensures that there is no cost to individual property owners for their septic-to-sewer conversion when they apply through the County’s “Connect to Protect” program.  The County is able to provide this financial assistance, at an estimated $10,000 savings to homeowners, with the support of FDEP grants that cover a portion of the conversion costs.  These projects are eligible for FDEP grants because they are identified in the jointly adopted (FDEP-Leon County) Leon County Water Quality and Springs Protection Infrastructure Improvement Plan (Springs Improvement Plan), which was developed out of a shared desire to enhance water quality in the region through nitrogen reduction projects.

 

Development/Redevelopment of Private Property

            The Water and Sewer Agreement (Agreement) requires all new development, and redevelopment, within the USA to connect to sanitary sewer facilities if available.  In addition, the Tallahassee-Leon County Comprehensive Plan and Leon County Land Development Code require new developments within the Primary Springs Protection Zone (PSPZ) to connect to central sewer, if available, or install an advanced nitrogen-reducing septic system.  The Agreement dictates that the availability determination of sewer for any new development shall be made based on existing conditions at the time of the first Site Development Plan review meeting.  If sewer service is determined to be available, then the property owner is responsible for extending the sewer main to their property and for installing any on-site sewer collection system.  Availability is defined in the Agreement based on the density or intensity of the proposed project, the projected sewer flow, and the distance of the project to an existing sewer line. 

 

As sewer service becomes available through city expansion, county septic-to-sewer conversions or through private development, properties become eligible for increased densities and intensities if they have sewer service.  Comprehensive Plan Policy 1.2.1: [SS] specifies that the minimum lot size for a septic tank shall be one-half acre.  Additionally, Comprehensive Plan Policy 1.2.3: [SS] specifies that, with specific exceptions, any non-residential development inside the Urban Services Area that is calculated to generate a wastewater flow in excess of 900 gallons per day must be connected to a central sanitary sewer service.  The provision of sanitary sewer to unserved areas inside the urban services area removes these limitations and, in many cases, makes the property eligible for land use changes or rezonings that increase the allowable residential densities and/or non-residential intensities on those properties.

 

Pending Legislation that Could Impact Future Sewer Expansion

The provision of sewer service via the Water and Sewer Agreement and Master Sewer Plan are contingent upon adherence to Florida Statutes.  Currently, there are at least four legislative bills related to municipal utilities that potentially establish limits on general fund transfers from utility revenues and eliminate or reduce the allowable surcharge levied for extraterritorial customers.  Under current law, a municipal utility has discretion to impose a surcharge on customers located outside its boundaries for the purposes of recouping the additional expense of providing utility services in the neighboring jurisdiction.  The proposed bills may impact municipal utilities serving customers outside of their boundaries, and have the potential to influence the analysis conducted by the City for identifying service for existing developments that are located outside the City limits and within the USA in the Master Sewer Plan.  However, as explained in this item, the acquisition and construction costs of extending utility service in the unincorporated areas are largely funded by grants or paid by the County, and the City gains additional customers from these projects, so the impact to the City due to any change in law may be mitigated. 

 

These bills are:

HB 1277, as currently written, sets the general fund transfer cap at 10% of gross revenues.  It also requires that a public meeting be held by the municipality providing the utility service in conjunction with the governing bodies of the municipality and unincorporated areas served prior to any new agreements or extensions, renewals, or material amendments of existing agreements.  Additionally, the amended version reduces the maximum total allowable water and sewer surcharge levied on extraterritorial customers from 50% to 25%.  As of February 1, 2024, CS/HB 1277 has passed two of its committees of reference and has one committee stop remaining in the House.

SB 1510, companion bill to HB1277, would set a general fund transfers limit from municipal water or wastewater utilities to a rate equal to the amount derived by applying the rate of return on equity established by the Public Service.  The bill also includes specific penalties and further reductions to the allowable general fund transfers based on the percentage of customers a municipality serves outside of its municipal boundaries.  For instance, if more than 15% of a municipal utility’s retail customers are located outside the municipal boundaries, the allowable transfer rate would be reduced by 150 basis points.  SB 1510 also reduces the maximum total allowable water and sewer surcharge levied on extraterritorial customers from 50% to 25%.  As of February 1, 2024, SB 1510 has not been scheduled to be heard in any of its three committees of reference. 

CS/HB 777 goes further than HB 1277 and SB 1510 and completely eliminates the allowable water and sewer surcharge levied on extraterritorial customers.  As of February 1, 2024, HB 777 has passed one of its committees of reference and has two committee stops remaining in the House.

SB 1088, companion bill to HB 777, completely eliminates the allowable water and sewer surcharge levied on extraterritorial customers.  As of February 1, 2024, SB 1088 has not been scheduled to be heard in any of its three committees of reference. 

 

Conclusion

Leon County has a strong record of working to extend sewer service to critical areas of the community, particularly areas of unincorporated Leon County inside the Urban Services Area on the Southside.  The focus on extending sewer service includes partnering with the City of Tallahassee and aggressively pursuing grant funding.  The effort to expand sewer is guided by Comprehensive Plan policies that reflect the community’s growth strategy, the Water and Sewer Agreement between Leon County and the City of Tallahassee, and the City of Tallahassee Master Sewer Plan.  With over $63 Million invested to date in county septic to sewer projects, the County has also been able to expand sewer service already to 709 properties on the southside.  In a separate agenda item the county is adding $7.8M to that total in a new state grant award for the Northeast Lake Munson and Woodville Sewer projects, combined, as detailed above.  As also reported in this item, the City has been awarded $12M in recent grants to invest in their $20M Southern Triangle water and sewer expansion project.  An additional agenda item is also before the Board at this meeting to pursue a new $10M grant application to expand sewer service in the southside of Leon County in the Woodville area.

 

Further expansion of Septic-to-Sewer conversions will leverage public funding sources and assist Leon County residents with the costs of conversion by amending the Springs Protection Plan to expand the Septic-to-Sewer Program to added priority areas.  Current areas prioritized for sewer expansion were selected based on their location within the Primary Springs Protection Zone and their impact on Wakulla Springs.  Expansion of sewer services is a significant priority of the Board, and staff will continue to implement this priority to improve the environment and quality of life in Leon County through updates to the Master Sewer Plan, pursuit of grant awards, and continued implementation of the county’s Septic-to-Sewer Projects.

 

Options:

  1. Accept the Status Report on Extension of Sewer Services to Properties in Unincorporated Leon County within the Urban Services Area.
  2. Do not accept the Status Report on Extension of Sewer Services to Properties in Unincorporated Leon County within the Urban Services Area.
  3. Board Direction.

 

Recommendation:

Option #1

 

Attachments:

  1. Urban Services Area Map
  2. Southside Action Area Map
  3. Primary Springs Protection Zone Map
  4. Interlocal Water and Sewer Agreement
  5. Unsewered Target Area Map
  6. Excerpt 2040 Water and Sewer Master Plan
  7. Leon County Septic-to-Sewer Projects Map