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Minutes 06-25-91 SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 25, 1991 AT 7:00 P.M. PRESENT Arline Weiner, Mayor Edward Harmening, Vice Mayor Lillian Artis, Commissioner Jose Aguila, Commissioner Lynne Matson, Commissioner James Cherof, City Attorney Scott Miller, City Manager Sue Kruse, City Clerk PURPOSE Mayor Weiner called the meeting to order at 7:00 p.m. and explained the purpose of the meeting was to interview con- sultants for the creation and implementation of a stormwater utility. Later in the meeting, Education Advisory Board appointments will be made. The presentations were made one at a time as follows: Camp Dresser & McKee Inc. 800 Brickell Avenue, Suite 710 Miami, Florida 33131 (305) 372-7171 Dr. Armando Perez is the designated Project Manager. He thanked the Commission on behalf of his staff for allowing them to present their ideas. Dr. Perez presented a map which showed the Camp Dresser experience in stormwater uti- lity studies. They have a leadership role in the State in this regard. He introduced the staff in attendance at the meeting. Alan D. Wertepny, with Mock, Roos & Associates, Inc, is very familiar with the area and has worked with the Lake Worth Drainage District. Nilo Priede, known as the "grandfather~of stormwater utilities in Florida, Terry Lewis who knows the area quite well and would assist Camp Dresser and the city Attorney in the preparation of the stormwater utility Ordinance. He then explained the project. In the RFP, there are two main areas where Camp Dresser would be involved. One is a comprehensive stormwater master plan and the other is the funding study with its different phases. It was his feeling that not many capital improvements would be necessary in the master plan. There is nuisance flooding, but nothing major. However, they would look at the needs of the City and orga- nize them particularly as they intergrate with the federal government requirements on water quality. MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 25, 1991 A schedule was displayed for the Commission. This schedule is dictated by the federal government and is for all of Palm Beach County. Part I of the federal program is to be sub- mitted in May, 1992 and the second part in May of 1993. Part II calls for a Master Plan that will deal with water quality issues. Camp Dresser will try to integrate all of this since it must be done anyway at this time. The permitting process calls for a discussion of how to obtain and use the money to implement the water quality controls. In May, 1992, it calls for a discussion of finan- ces and a financial plan must be submitted in May, 1993. Camp Dresser feels this ties in very well with the idea of a stormwater utility. The federal program will serve as a basis to educate the public. With regard to the scheduling of the stormwater utility, they would start the utility at approximately the same time as the Master Plan. It does not have to start at that time, but they are willing to start whenever the Commission chooses. Dr. Perez explained that a stormwater study is usually divided into two parts. Part I is a rate study. The need for a stormwater utility is investigated. Then the revenue base is investigated to cover the cost of the needs. For the revenue base, they use a yardstick called an Equivalent Resident Unit which is the average amount of paved area in a single-family area. To determine this, a "footprint" of the building area is looked at. This includes the area of the roof and driveway which is added together and a statistical study of the City is done to come up with an average equiva- lent residential unit. This becomes the yardstick by which other impervious areas are measured such as shopping centers and parking lots, institutional areas, etc. They then figure out how much needs to be charged for each equivalent residential unit (ERU) to cover the costs. When this is completed, the Commission would then review the results and recommendations and decide if the City would like to go forward with the stormwater utility. If the decision is to go ahead, the next two parts would be necessary. A billing system would be necessary. This could be accomplished through using the water and sewer billing in use now. Another alternative is to use the Tax Collector's office; however, this is confusing to the public. Secondly, all non-residential areas such as parking lots and churches would have to be verified. The project would then be completed. This could be done within twenty-four months. it has been done in a lot less time. MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 25, 1991 At this point, Commissioner Aguila asked about the twenty- four month period and what the federal government is looking for in May, 1992 and May, 1993. Dr. Perez explained that the federal government does not require the City to have a stormwater utility in place by May of 1993. A revenue source must be identified; however, Camp Dresser thinks it would be to the City's advantage to have a stormwater uti- lity in place by that time or be underway in the process. They feel the timing is right and the public understands the need for this. However, it is not compulsory. Dr. Perez explained that you bill people according to the paved area at their house. Vice Mayor Harmening stated that basically, the tax based on the size of the house would generally take into account that much impervious area. He feels there is not that wide a discrepancy between the tax or stormwater utility. Mr. Priede stated that the only exception is that not only resi- dential was being billed, but all impervious is being investigated in the City and the tax exempt areas in the City contribute a great deal to the problem. Mr. Priede stated that their job is to analyze the situation for the City and point out the various options available. If the cost is too high to implement, then it will not be equitable. It is most important to have a knowledge of what ils trying to be done. It will be the City's decision in the end. He stated that the breakdown of the parcels is very important. There are three types of customers; developed property, roads and streets with no development on the pro- perty, but the run-off is impacting the City, and the unde- veloped property. All of these must be investigated. The billing system is the next most important phase. They want the public to understand that this is not a tax, but a user fee based on a characteristic that has been developed. The billing system must be compatible. The Federal government requires in May of 1992 that the City document the source of revenue. The City will be negotiating with EPA-Atlanta a permit that says the City will do certain things in opera- tion and maintenance, things in terms of improvement of the system and all must be done within five years. The public must be informed. Alan Wertepny then discussed the engineering part of the program. He spoke about the collection of data that is important. The City will be inventorying the City system. ?~ere are the collection systems that feed into U.S. waters. U. S. Waters must be identified. It is required that Palm Beach County and the Department of Transportation par- ticipate in this permit. They will also have to inventory their system and this information will be very useful to the City of Boynton. Northern Palm Beach County Water Control District is a lead institute for the MPDES permit. 3 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 25, 1991 At this time, twenty-seven municipalities have signed the agreement with Northern Palm Beach County Water District and Boynton is in the process now of finalizing an agreement. Mock, Roos is the Engineer for Northern Palm Beach County Water Control District. They will be involved in the coor- dination and assistance of the permitting process. He showed the Commission a map showing the drainage system. Information was also identified with regard to the Lake Worth Drainage System and roadways. This information will be available for Boynton Beach use. He stated that Mock, Roos has been the Engineer for over thirty years for the Lake Worth Drainage District. They have detailed infor- mation on the canal system. They have done computer moni- toring of the system which will be useful in the stormwater master planning. They have done a complete Stormwater Master Plan for the City of Lake Worth. They are now under construction with approximately 75% of the system being constructed. In closing, Dr. Perez left a summary of Camp Dresser's qualifications. He explained that they meet all of the requirements that were listed in the Request for Proposal. They are capable and very confident and know they can carry out this assignment. Commissioner Artis asked Dr. Perez about improvements to the areas. Mr. Guidry explained that the improvements would be in compliance with the Master Plan which would have to be approved by the City Commission. Camp Dresser's job is to inform the Commission of the requirements regarding dates to comply with the government regulations. The Master Plan is a document which allows local governments to make specific ~unding requirements. There were no further questions for these gentlemen. Gee & Jenson One Harvard Circle West Palm Beach, FL 33409-1923 (407) 683-3301 Mr. Richard Staudinger of Gee & Jenson, presented a booklet to the Commission. He introduced members of the staff that would work on this stormwater utility. He introduced Messrs. Paul Mercado, ji-Ang Song and Richard Warren of Karo & Warren, Inc. If chosen, his role would be Client Manager where he will interface with the client and the company to be sure the resources are committed to get the job done right. Fred Green, Chairman of the Board of Gee & Jenson, will be the principal in charge. He worked with Disney in 4 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 25, 1991 1965 in Disney World and they are still the drainage engi- neers. Ji-Ang Song will be the Project Manager. Mike Rocca does all of the rate studies and Dick Warren will handle the interfacing with the computer programming and implementation of the program. Mr. Staudinger explained that a stormwater utility is a user fee funding mechanism for a utility. It makes stormwater systems on par with the water and sewer system. This is a system by which people who are creating a run-off situation are charged for that system. Their past experience is very numerous and includes stormwater rate studies, which is a key component, stormwater master planning and water and sewer rate studies. Ji-Ang Song explained that this is a very important project to the City and to the consultant. He has done work in the past for the City. He felt that some of the local issues are the protection of properties from flooding, land use issues, erosion sedimentation problems and water quality. Funding is necessary to handle these issues. He went on to explain the "footprint" management initiated by the Federal Emergency Management Agency. He stated that he was aware that the City is making application with the county for per- mitting and the study by Gee & Jenson will be comparable to MPDES and will be able to be used later on. The funding required to address the issues consists of public education and water quality. Operation and maintenance costs will be substantial along with the important issues of capital improvements and enforcement. This ultimately leads to better water quality. To support the funding need, funding options have been used such as inter-fund transfers, general tax revenues, tax bonds, etc. Their suggestion at this time is to discuss user fees. He explained that Dick Warren had the foresight to initiate a stormwater utility in Bellevue, Washington. From there, many cities are now using this concept. In Florida, it is a very popular concept. He has done hundreds of stormwater utility projects during his career. He explained the technical approaches. He claims there are four phases. Phases I and II are the leading phases. In Phase I, the needs will be defined through a water manage- ment plan. They will design this phase so that all the material will be comparable to meet the EPA and MPDES per- mitting for submittal. Phase II will be the implementation of the billing system. That will include public information programs. He felt this might be accomplished through a newsletter. When money begins to come in, the remainder of the project can be accomplished. During Phase III, a 5 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 25, 1991 detailed comprehensive Master Plan can be done and plans for capital improvements. Phase IV will implement the capital improvement plan and water quality program. They feel Phases I and II will be done within a twelve-month period. This can change based on the City's need. Mr. Richard Warren spoke about working with funding for water quality. He felt this is a business decision. He felt the City knows they have a problem which has a certain monetary need and operational need. Vice Mayor Harmening asked how we know we have this problem. It has not been identified as yet. Mr. ~Warren felt that the City would not consider this unless it was somewhat con- cerned. Mr. Warren suggested that the consultants can help the City define any problems that exist. If the need exists for a stormwater utility, funding will be necessary. Mr. Warren stated that once the need is established, they look at how much needs to be spent. They will then decide on an equitable rate structure for users. The public must understand this system. The system must fit into the com- puter capability. There is a basic charge, drainage opera- tion and maintenance, capital costs and the ability to asses water quality charges against land use. If the need is here, he can help work through an equitable program. In closing, Mr. Staudinger said that Gee & Jenson should be selected because of the team and their familiarity with the City. They have worked with the City on drainage and street issues. They have a great deal of knowledge and are sen- sitive to local concerns. Public information programs are very important. He distributed a brochure to the Commission which was used in Delray Beach. The public must understand why this program is benefitting them. There were no questions from the Commission. Williams, Hatfield & Stoner, Inc. 1325 S. Congress Avenue, Suite 118 Boynton Beach, Florida 33426 (407) 738-0133 Mr. James Eberhart, Senior Vice President of Williams, Hatfield & Stoner, Inc., made the presentation. He intro- duced Nancy Lee Hurlbert who has been with the firm for seventeen years. She would act as Project Manager. Augustin Maristany has ten years of experience in surface water management. He has just completed development of the City of Tallahassee's Comprehensive Stormwater Master Plan. Jim Scholl is responsible for developing DOT's State Drainage Manual. He completed a stormwater utility for the 6 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 25, 1991 City of Gainesville recently. Wayne Welch has fifteen years of experience and public involvement. He explained that they would like to be considered on the three following items: 1) qualifications, 2) location, and 3) commitment. They have provided engineering services in South Florida for over thirty-three years. CH2M Hill brings to Williams, Hatfield & Stoner the scientists that will supplement the engineers in addressing the complex issues of the MPDES permit. Between the two firms, there are over 140 professionals. Their locale is important. They are local. They are the only engineering firm in Boynton Beach. Being local, they have a commitment to the project. They will make this the 91 priority project out of their Boynton Beach office if chosen. Nancy Hurlbert spoke about the purpose of the stormwater utility. She explained that it funds stormwater-required improvements. She stated that the City, in its Comp Plan, stated that by June 30, 1991, they would have a Master Drainage Plan prepared and implemented in the City. This is a required improvement. It would also address upgrading of existing utilities and water quality issues. By December 31, 1991, the City would amend the Comp Plan to incorporate the findings of the Master Drainage Plan. The improvements will be identified, prioritized and a cost will be asso- ciated to these improvements. The capital improvements ele- ment of the Comp Plan needs to be amended to incorporate the required improvements. These requirements are self-imposed. At this point, Vice Mayor Harmening stated that it was CH2M Hill who did the utility portion of the Comp Plan and they locked in storm drainage like it was the only ultimate thing in the world and no one in the City had the wit to tell them to rewrite it. She responded that there is probably a very definite reason why they had to obligate those certain commitments. Vice Mayor Harmening said there was no reason at all and DCA would have passed it. She asked to explain a third obliga- tion. She stated it is not self-imposed. It is a federal mandate, the MPDES permit, which is due in May of 1992. That permit requires extensive documentation compilation, field screenings and field inspections. They are extensive and have a cost factor involved. A means of funding a Master Drainage Plan, a means of funding the MPDES permit submittal could be a stormwater utility. They suggest that there is a need for a stormwater utility in the City. In attempting to prove the need for a stormwater utility, Ms. Hurlbert referred to a display. They looked at one 7 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 25, 1991 square mile of the City where City Hall is today bounded by Boynton Beach Boulevard and Woolbright, 1-95 and Federal Highway. They expanded this initial look to estimate the implications the Master Drainage Plan and the MPDES permit may have on the one-square mile. They added catch basins to alleviate local flooding. They also added catch basins con- nected with French drains to treat water quality in the multi-family areas and commercial areas. The entire City encompasses approximately 15 1/2 miles. Assigning costs to this, they estimated these improvements in the one-square mile could approximate $200,000. The means of a stormwater utility is not only to fund required drainage improvements, but can fund the permit process, the operation and main- tenance on a daily basis and the administration of the stormwater utility. They estimated that the City would be looking at an annual cost of approximately $650,000 per year. Vice Mayor Harmening asked Ms. Hurlbert if what she was saying is that it is broken and it will cost the City $650,000 per year. He claims that the City doesn't even know yet if the EPA is going to require it. She responded that this is part of the process. From her experience, they have a good indication that there are problems in every city. She went on to explain how the $650,000 expenditure is funded. The mainline basis of a stormwater utility is based upon a single-family lot, that is an Equivalent Residential Use. In the original one-square mile, they identified some random single-family lots and calculated the impervious areas on those lots and came up with an average which is a base line. Based on the single ERU, they identified certain possibilities of assessing different units in four different categories throughout the City. There is an impact from the Vacant areas which is approximately a 30% run-off. They have estimated that there are 37,391 ERUs in the City through the first quarter. Assuming that the stormwater utility is implemented, and assuming $1.00 per month per ERU is used, the rate structure varies anywhere from $ .50 per ERU per month to $4.50 per ERU per month. $2.50 is the average. If they assess at $1.00 per ERU, the City could realize just under $500,000 in revenue. She then compared this to other utilities being paid by the constituents in the City. She felt this is a very small amount to charge the public She suggested an early implementation of the stormwater uti- lity because of the possiblity of that $650,000 annually and the MPDES permit. All issues need to be addressed. By implementing this early at a negligible rate, this allows 8 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 25, 1991 for seed money to pursue other issues. One of the most important issues is the public information program. This program cannot be successful if the community has not bought into the overall plan. Community support must be achieved. Some of the things Williams, Hatfield & Stoner, Inc., would do would be to handle the public information program. They would set up a public advisory committee which would be available for workshops and council meetings. They could even attend homeowner's association meetings and community boards to present the benefits of a stormwater utility. Ms. Hurlbert stated that the public often asks if this is just another tax. Their response is that this is a user fee. When the public information program is won and the public is behind them 100% and the City is ready to implement the stormwater utility, they would proceed to identify the Master Drainage Plan to get a better handle on the real costs, identify affordable solutions and prepare a capital improvements plan. The rate structure of a stormwater uti- lity can be modified as needs change. In conclusion, she briefly went over what their team would bring to the City. Being local, they would be accessible for workshops and meetings and the City staff is accessible to them. They can quickly begin the program and refine the database they already have. They have a long-term commit- ment and a personal interest. They have committed staff for tlhe public information program as well as committed staff to the long-term addressing of needs in the City. They know the concerns and are sensitive to the economic conditions of the citizens of Boynton Beach. They bring a vast knowledge of stormwater experience which is more than creating a rate study. They will see the City through the entire process and train staff on the implementation. They bring no conflicts of interest. They feel this allows them to represent the City personally. She thanked the Commission for allowing them to present this evening. Mayor Weiner asked Ms. Hurlbert about her statement regarding the twenty-nine cities getting involved in this. These twenty-nine cities are throughout the State of Florida and fifty-three cities in the State are considering imple- mentation. Mayor Weiner wondered where all the other cities were since everyone will be affected by these regulations. Mso Hurlbert felt that it is just a matter of time because they have stipulations. The MPDES permit submittal is looming down on all of the cities. Vice Mayor Harmening stated that when the EPA finds out how broke all of the cities in the United States are, they may have to pull back a little bit. He also asked how long the French drains last. Ms. Hurlbert responded that it is based 9 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 25, 1991 on the operation and maintenance, but typically about five years. Commissioner Aguila asked Mr. Guidry if what we are con- sidering now is whether or not we want to spend money to do a city-wide evaluation of what currently exists to determine whether or not we have a problem. Mr. Guidry stated the utility fund has been funding storm water. Part of this rationale is ideal because it raises dollars. If he must allocate perhaps as an example, $500,000 per year to storm- water within the system, it is not fair to the water and sewer rate payer. We are trying to solve this problem. The other problem is that policy issues were established. We have gone forward for a review to DCA. The requirement for the Master Plan Element discussed tonight is~ chiseled in granite. For that reason, at the last budget session, we put into the utility budget a funding mechanism to fund this. From this aspect, we need to move forward with the Master Planning aspect. The decisions will ultmately be made by the Commission. The level of commitment and whethere it will continued to be funded with water/sewer utility will be decided by the Commission. Mr. Guidry stated there are several avenues. We have federal guidelines we must follow and a planning document that states we must implement a Master Plan based upon engi- neering judgment outside of staff. We need to make some hardcore judgments as to where we are going with this storm- water utility. We need to identify the key areas of expen- diture and bless them once and for all. Mayor Weiner stated that this explanation was very helpful. Scott Miller said that they are not advocating going out and installing storm drainage structures because you then need operation and maintenance on them. If you construct miles o~ them, then you need a full-time crew to maintain this. He mentioned that one piece of equipment necessary would be a~ vac truck with both jet and suck which costs approximately $1108,000. We now have one. One has been advistised for sale. Swales are very good in a lot of areas in the City and it was Mr. Miller's opinion to not allow paving of swa- les because this allows the water to percolate quickly into the ground. Pre-treatment is not necessary. We must comply by May, 1992 with MPDES permitting. The stormwater utility is only a funding vehicle. We must also initiate the Stormwater Drainage Plan for the City. This does not have to say that we have to construct miles of drainage. We m~y need it in certain areas. -10- MINUTES - SPECIAL CITY COMMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 25, 1991 Commissioner Aguila asked for the limits of their respon- sibility at this stage. Scott Miller stated that they con- duct a preliminary Stormwater Master Plan for the City. Commissioner Aguila asked about the dollar issue. How are we paying them? Scott Miller said that we have program dollars in the Utility Fund. If we go forth with the Drainage Plan and stormwater utility fee, Utilities can be reimbursed out of the stormwater once that is set up and collections are in. Since there were no further questions, Mayor Weiner asked the Commission to vote in the usual fashion. (One, two, three with three being the last choice and one being the first choice.) City Attorney asked that each member initial the ballot for the public record. The City Attorney and City Manager tallied the vote as follows: 1. Camp Dresser & McKee, Inc. 2. Williams, Hatfield & Stoner, Inc. & CH2M Hill 3. Gee & Jenson Mayor Weiner asked Mr. Guidry to inform the consultants of the Commission's decision. Mayor Weiner addressed the issue of the appointments to the Education Advisory Board. She stated that we are faced with a very real threat with the loss of Poinciana School and we need to have an entity in place to deal with this. Three appointments need to be made. Mayor Weiner asked Commissioner Matson if she was prepared to make her appoint- ment. Commissioner Matson was not prepared because she had not received any additional applications and was not satisfied with what she currently has. She is lobbying throughout her District and hopes to come up with someone by the next City Commission meeting. Mayor Weiner stated that letters went out today to those who were appointed and a date of July 17th has been set for the first meeting. Commissioner Aguila appointed Tom Sheehan. Mayor Weiner appointed Sue Delaney as a COBWRA Member. The Board will contain two COBWRA Members out of the nine regular members. Seven regular members and two alternates must be City resi- dents. -11- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 25, 1991 ADJOURNMENT There being no further business, Mayor Weiner adjourned the meeting at 8:40 p.m. ATTEST: Cit~ Clerk ~cording Secretary (Two Tapes) CITY OF BOYNTON BEACH - ~ ' Vice May or/~-- Commi~i oner mmlssioner -12-