Loading...
Minutes 01-25-99 M]:NUTES OF THE CITY COMMISSION WORKSHOP MEETZNG HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA~ ON MONDAY, 3ANUARY 25, Z999 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Henderson Tillman, Mayor Pro Tem Jamie Titcomb, Commissioner Nellie Denahan, Commissioner Kerry Willis, City Manager Nicholas Igwe, Asst. City Attorney Sue Kruse, City Clerk CALL TO ORDER Mayor Taylor called the meeting to order at 6:33 p.m. and acknowledged the presence of Representative Bill Andrews and Assistant City Attorney Nicholas Igwe. City Manager Willis announced that Dale Sugerman, Assistant City Manager, would make the presentation. STORMWATER PROGRAM Mr. Sugerman explained that the State of Florida is both blessed and cursed with abundant rainfall. That rainfall provides natural irrigation, replenishes ponds and lakes, provides essential hydroperiod fluctuations in our wetland systems and is essential to the recharge of our regional aquifer system. At the same time, frequent small storms cause pollutants from cars, fertilizer, pesticides and herbicides to enter the waterways. High rainfall intensities and/or large storm event volumes, combined with underdesigned or poorly maintained drainage systems, produce flooding and severe erosion. This creates stormwater management challenges. Stormwater Control Efforts In the 1930s, there were no standards for stormwater control in this State. By the 1950s, stormwater systems were designed to handle the two to five-year rainfall event. This is a measurement of statistical probability established by the South Florida Water Management District. Following is the South Florida Water Management District's storm control chart: 2 to 5-year storm Produces 5.7" of rainfall in a 24-hour period 5 year storm Produces 7.8" of rainfall in a 24-hour period 10-year storm Produces 9.3" of rainfall in a 24-hour period 25-year storm Produces 10.6" of rainfall in a 24-hour period 50-year storm Produces 12.1" of rainfall in a 24-hour period 100-year storm Produces 13.6" of rainfall in a 24-hour period Systems that have been installed since the 1970s have been designed around the 25-year rain event. This standard has remained since that time. In the 1990s, we have maintained the same standards, but we also have requirements for water quality treatment that include controlling runoff and pollutants. MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA 3ANUARY 25, 1999 How is Stormwater Controlled? There are a number of ways to control stormwater. They are: Canals controlled by the Lake Worth Drainage District and the South Florida Water Management District controls the larger canals in the bigger areas. These canals can be opened and closed. Ponds and retention basins - The downtown stormwater Pond "B" is a stormwater control device. There have also been discussions about acquiring land for the Tndustrial Avenue drainage project. 3. Curbs and gutters Swales that collect water off the road surface until the rain event is over. The water percolates down through the ground and back into the aquifer. Forty to forty-five percent of the stormwater in the City is controlled through the swale system. (Mr. Sugerman displayed a map that outlined the City limits in red and depicted swale areas in yellow.) Maintenance is of the utmost importance. We attempt to control stormwater by maintaining the canals, retention basins, swales and by installing curbs and gutters. The newer sections of the City (built since 1970s) have been built to meet fairly modern standards and they can handle the 25-year storm. All development prior to the 1970s can handle the 2 to 5-year storm. How was the current City of Boynton Beach Stormwater System established? This system was maintained through the combined efforts of Public Works, Streets and Utilities Departments. :In early 1992, the City contracted with Camp, Dresser & McKee to conduct a Stormwater Master Plan. That plan was completed and delivered to the City in September of 1992 and identified four priority areas. They were Boynton Beach Boulevard and Congress Avenue, :Industrial Avenue, north of SW 4th from Boynton Beach Boulevard to T-95, and NW 3rd Street from Boynton Beach Boulevard to NW 8th Avenue. The area of Boynton Beach Boulevard and Congress Avenue has been completed. The :Industrial Avenue project is under design and we are in the process of acquiring land for the retention pond. Not all of the funding is available for the project. ]:n 1995, the City diverted its attention to the Downtown Stormwater Project, Pond "B" and has been working on that project for 21/2 years. That project is almost ready for groundbreaking. The City holds the permits and is ready to move forward. Bidding on the construction should take place within the next 30 days. 2 MEETZNG MINUTES c~'rY COMMISSION WORKSHOP BOYNTON BEACH, FLOI~tDA JANUARY 25, 1999 How are stormwater activities to be oaid for? As part of the Master Plan, Camp, Dresser & McKee also completed a report called Stormwater Funding Study and Implementation. This was a Stage I rate study. In October, 1993, City Manager ,1. Scott Miller recommended to the Commission that the City create a formal Stormwater Utility with its own rate structure to support its activities. The City Commission adopted Ordinance 93-72 on December 21, 1993 that created the Stormwater Utility System. This set in place the first monthly stormwater fee. Based upon the recommendation of the City Manager, the City Commission adopted a monthly stormwater fee of $1.00 per ERU (Equivalent Residential Unit). Since different property has different physical attributes that contribute to stormwater runoff, there needed to be a standard for measuring how much runoff was actually created on each property. The Ordinance established the standard of one ERU as being either one single-family unit, or for commercial property, each 1,937 square feet of impervious area. Impervious areas include rooftops, parking lots, and sidewalks. ImPervious areas are determined by two methods: aerial photos; and drainage plans that are submitted by applicants. the impervious area in the proposed project. Each applicant must identif7 Are Stormwater fees the only way to pay for stormwater improvements and maintenance? There are three basic methods of paying for stormwater improvements and maintenance and each one has advantages and disadvantages. · Benefit Assessment Area - The properties that receive benefits pay their proportional share for specific improvements. General Taxes could be used to pay for stormwater improvements and maintenance. However, this method produces a number of problems. Because everyone pays taxes, credits would have to be issued to those who already have the improvements in place. Therefore, in the City of Boynton Beach, any property developed since :L970 would be entitled to a credit. In addition, there are units of local government and religious institutions that are exempt from taxes. Bond issues are a possibility. We are currently using the proceeds from the 1996 Utility System Refunding Bond Issue to pay the cost of the Pond "B" drainage project. That same bond issue has $700,000 available that will be used toward the Industrial Avenue drainage project. However, the Industrial Avenue drainage project will cost approximately $1.6 million. I~IEETING MINUTES CiTY COMMISSION WORKSHOP BOYNTON BEACH, FLOI~DA 3ANUARY 25, 1999 How does the City of Boynton Beach fee of $:L.00 per ERU compare? Mr. Sugerman explained that in order to make the comparison with neighboring municipalities, he based the fee upon 2,000 square feet of impervious area. Therefore, the City's rate is slightly higher to meet 2,000 square feet of ERU. See chart below for comparison. City of Boynton Beach City of Boca Raton Town of Jupiter City of Lake Worth City of Delray Beach City of West Palm Beach $1.032 $2.0186 $2.3310 $2.5742 $3.5970 $3.8142 The $1.00 per ERU raises approximately $550,000 per year. The 1998-99 approved budget for the Stormwater Utility was $519,915. This covers the cost of 61/2 full-time employees ($230,000) who are dedicated to stormwater work, operating expenses amounting to $180,000, $77,500 in capital outlay and $33,00 in inter-fund transfers. This amount of money also covers some maintenance of the swale system, some replacement of some of the drainage structures and some maintenance of the newer drainage structures. Can our Stormwater Utility handle the 100-year storm? Mr. Sugerman advised that our Stormwater Utility was not designed for and cannot handle such a storm. We are lucky to be able to keep up with maintenance of what we currently have. He pointed out that the South Florida Water Management District chart assumes that before a rain event, the weather had been dry. If there are storms prior to one of the events listed, the numbers on the chart must be drastically reduced. Mr. Sugerman explained that prior to Tropical Storm Mitch hitting the City of Boynton Beach, there were days of rain. When the storm dropped 13.5" of rain, our system could not handle it. What should we do next? It is recOmmended that the City concentrate on the areas that are underserved. The swale areas need concentration and can be handled by two methods: The Scientific Approach would be to order an update to the Master Plan to determine how much money we need to spend, what drainage needs to be installed and how much that would cost; or By using the Artistic Approach, we can determine the level of service that would be provided to the community. The City must determine whether all of the community should be protected from all levels of storm events or perhaps the 25-year event is sufficient. If the City decided to protect the community from the 100-year event, it might cost $15 per month. This seems to be unreasonable. 4 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA JANUARY 25, :L999 Is there a qood strateq¥? Mr. Sugerman recommends using the Artistic Approach by determining the level of service for the City. Then the City should authorize the completion of a new Master Plan for the areas of the City serviced only by the swale system. Also, the City should begin the process of adjusting the stormwater rate. If the rate were increased to $3.00, the City would realize an extra $1 million per year. If the rate were increased to $4.00, we would raise $1.5 million per year. What are the Opportunities and Side Benefits? At present, the City has a decentralized engineering function. The Stormwater Utility may be the item that drives creating a centralized, citywide engineering function. This item should be discussed in the near future. This would also be a natural time for a citywide geographical information system (GTS). Aerial photos and mapping of property ties in with GIS. What is the timinq? Mr. Sugerman suggests concentrating on the Stormwater Utility over the course of the next three to five years. In this time period, the City can determine a level of service, study it and put some of the drainage improvements in place with an adjusted stormwater rate. Once the land for the Industrial Avenue project has been acquired and all the funding is in place, approximately four to six months of final design is needed and twelve to eighteen months would be required for construction. This would tie in with the Utility's requirement to meet runoff standards by the Year 2005. The EPA, SFWMD and the State of Florida will be heavily regulating our stormwater runoff. There are thresholds and requirements we must meet. The three to five-year implementation of the stormwater plan will meet with our three to seven-year requirement to meet the runoff standards. (~UESTIONS & ANSWERS Commissioner Titcomb questioned whether there is a methodology to determine the percent of the City's topography that was affected by the 100-year storm? Mr. Sugerman stated that the City is aware of the flood zones and a flood zone map is available. However, Mr. Sugerman cautioned against relying too heavily on the chart because it assumes the weather was dry prior to a rain event. Therefore, if there was rainy weather and then a 100-year event occurred, it could affect people anywhere in the City. Commissioner Titcomb questioned whether it was realistic to provide a level of service in anticipation of a 100-year storm? 5 MEETING MINUTES CZTY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA .1ANUARY 25, 1999 Mr. Sugerman stated he was unaware of any community that is protected against the 100-year storm. Mayor Pro Tem Tillman inquired if there had been an opportunity for staff to cost out the levels of service. Mr. Sugerman advised that no costs had been established because staff wanted to give the Commissioners an opportunity to understand how the Stormwater Utility had been created. He admitted that the City has not been very sophisticated and pointed out that there were people in the audience that were angry because they were flooded during Tropical Storm Mitch. Questions from the audience: How does the City plan to address the fact that the canal was not lowered in time and the residents took in extra water? Mr. Sugerman explained that the Lake Worth Drainage District and South Florida Water Management District, through the major canals, operate one of the ways stormwater is controlled. During Tropical Storm Mitch, both entities were caught off-guard and did not open the floodgates early enough and the canals did not go down quickly enough to take the excess runoff from the neighborhoods. Mayor Taylor said he attended a briefing by a SFWMD representative who said that because Tropical Storm Mitch was a ZOO-year event, they would not attempt to open the floodgates because it would damage things farther downstream. Residents of Old Boynton Estates-Costa Bella said they contacted the City and received a certified letter in return stating that the situation was studied in depth and determined not to be the fault of the City. Was each neighborhood studied or was only an overall picture studied? Mr. Sugerman advised that the Risk Management Department looked at each property. A woman in the audience asked if the Risk Management Department looked back as far as 1992, when she had the drainage system redone to have a drainage pipe installed that led from her retention pond to a canal that did not exist prior to that. Mr. Sugerman stated that he did not have the answer to the question but guessed that the Department did not do a comparison from 1992 to :[998. However, since 1992, there has been further development in this community that has encroached on areas that previously would allow for better drainage. The residents said they are living in a development where the retention pond was shortened to allow for more development. The developer also built new construction 5' to 6' higher than the existing properties. Therefore, the swales no longer work. How could the City allow a developer to make a bad situation worse? MEE'rZNG MTNUTES CZTY COMMTSSTON WORKSHOP BOYNTON BEACH~ FLORZDA .1ANUARY 25~ 1999 Mr. Sugerman explained that the City would only approve a new development that will retain its stormwater on its own site. The older development did not have an obligation to retain its water on site. Therefore, the older development was probably using the availability of the unimproved land around them for their drainage. Once the land was improved, the older community's ability to drain on the formerly unimproved land was eliminated. With no ability for their runoff to drain, it floods their property. This is what is occurring in Costa Bella. Members of the audience disagreed with Mr. Sugerman's statements because they claim the retention pond was larger before the rain event. It is now smaller and there are more houses in the area. Peter lVlazzella, Assistant to the Utilities Director, advised that the drainage pond originally had no outfall. Tn 1993, the City put in a drainage line to the E-4 Canal. The drainage pond is designed for stormwater quality treatment. The first 21/2'' of rainfall must be retained in the pond for a designated number of hours prior to it bleeding down and flowing out. The outfall pipe dumps everything and allows the excess to flow out to the canal. :l:n the case of Tropical Storm Mitch, the canal was flowing backwards into the pond. This had nothing to do with the size of the pond. What this relates to is the water level in the canal before and during the rain event. Remarks were made that there should be "flapper" gates installed to stop water from re- entering from the canals. Mr. Sugerman advised that there are plans in place to install a gate to prevent the water from flowing back in. Mr. Mark Law said it could be done within six months. Another contributor to this problem is development requirements. On a five-acre parcel in Palm Beach County, the standards are for a 100-year flood. Mayor Taylor advised that the City could incorporate any standards that the citizens are willing to pay for. Mr. Sugerman added that there will have to be: decisions made about how far the City can go back to retrofit what already exists, to what standard, and who will pay for it. Representative Andrews advised that he also took on 6" of water in his Delray Beach office during Tropical Storm Mitch. He investigated and learned that many years ago, the :Inland Navigation District gave the operational control of the locks at the C-15 and C-16 canals to the SFVVMD. The LWDD controls a lot of the inner parts of our area. Their smaller canals drain into what the SFVVMD controls. LWDD said SFWMD was advised to open the gates early on, but they did not do it. SFWMD said they did not open the gates because they would have lost downstream structure. Representative Andrews recommended that Delray Beach, Boca Raton, Boynton Beach and Lantana join together to study the "big" drainage issue and develop a plan that eliminates finger pointing and ensues that the gates are opened early enough to avoid a flooding situation. :In addition, if water is retained in the canal for farming districts, they need to address structures west of Military Trail or the Turnpike. Retention ponds should only be built for individual neighborhoods. Having two entities controlling the water is a problem. 7 MEETZNG MINUTES cTrY COMMISSION WORKSHOP BOYNTON BEACH, FLORZDA ~ANUARY 25, 1999 Representative Andrews said he watched the weather radar and many people have legitimate grievances against SFWMD for their neglect of the situation. Why did the City authorize the developer to elevate the new construction and not address the drainage? Mayor Taylor responded that the developer was required to provide retention in his development. Before those houses were built, Costa Bella's water had a place to drain. That area is now flooding because it was not properly draining. The purpose of the workshop meeting is to begin to address stormwater drainage problems before the new construction. Robert Foot advised that he owns a home west of Seacrest Boulevard off Golf Road and his wife owns a shop on Ocean Avenue. The City has caused flooding on those two properties. He lives at the foot of a hill. When Ridgepoint Wood Villas was built, Mr. Foot took exception because it was not built in accordance with the plan approved by the City Commission. The engineer allowed the developer to substitute a culvert under the ddveway so that water could travel down Golf Road rather than having it go into their development as planned. The property behind his home was supposed to have French drains. However, they were not built and the City allowed this. The City is not doing its share to keep water off the citizens' property. A member of the audience recommended that the Development Director and Engineer be present at the next workshop meeting. He further stated that ~ all future development should meet the standa'rds of a 100-year flood to prevent any further increase in the runoff problem. With regard to flood irrigation for farms mentioned by Representative Andrews, the gentleman explained that it is not the only method of irrigation even though it is the cheapest method. Other systems include sprinkling from above. The farmers can alter their means of irrigation at slightly more expense. Jim Miriana spoke of the problems he has to deal with on NE 8th Avenue. His property is within 400' of the Tntracoastal Waterway. Flooding conditions back up from 7th Street. There is a grade from Federal Highway to a street formerly known as "Kansas Street". There was a drainage canal running between NE 8th and NE 7th Avenues. Seventh Street did not run across because of the drainage canal that traveled to the Intracoastal. When Harbor Club Condos were built, 7~ Street was expanded and the drainage canal was cut off. All of the water draining off Federal Highway pools in his area. There is water in this area at least 250 days of the year and mosquitoes are a major problem. He has been told this problem is created by high tide from the ]:ntracoastal, but that is not true. Drew Zuccala, a business owner with property on :l:ndustrial Avenue, said there are drainage problems on Industrial Avenue if it rains for more than 20 minutes. The businesses on Industrial Avenue are interested in anything the City plans with respect to stormwater drainage. Ron Whittaker, business owner from Industrial Avenue, reminded everyone that floOdgates cannot be opened without affecting the ecosystem. He recommends the purchase of a mobile pumping unit to be used in emergency situations. He further recommended investing the ERU 8 MEE'I~NG MINUTES C~I'Y COMMISSION WORKSHOP BOYNTON BEACH, FLOI~DA JANUARY 25, 1999 money that is not immediately used for a project so that it can grow and be used for a future project. Mayor Taylor explained that City officials are aware of the City's stormwater problems. The presentation was very good in explaining our position at this point. However, he pointed out that we have a long way to go. A decision must be made with respect to the level of service we want in the City. Mayor Taylor recommended that anyone with questions forward them to the City Manager's Office where they will be directed to the proper authorities for response. Mayor Taylor realizes that 61/2 stormwater employees are inadequate in this City. The City knows where the serious drainage problems exist. There is no way the City could solve all of the drainage problems in one year. However, we will begin with the worst problems once a decision is made regarding funding the improvements. Tn response to Commissioner Denahan, Mr. Sugerman advised that 120 acres of the downtown would benefit from Pond "B". When Mr. Foot asked if Pond "B" would catch the ponding on Federal Highway and Ocean Avenue, Mr. Sugerman responded affirmatively. Commissioner Denahan asked for the time frame for Pond "B". Mr. Sugerman advised that we expect to go out for bids in March, and construction will take approximately 12 to 18 months. Brian Edwards, who lives in Mangrove Walk, agreed with the recommendation to meet with other municipalities, but questioned what this City is willing to do about the flooding problems. He realizes this will cost a great deal of money and feels an analysis should be conducted to determine a reasonable cost for the citizens. A member of the audience recommended that staff be directed to prepare a clear map depicting the flood area throughout the City. That map should be displayed every time there is a discussion about floods. Mayor Taylor advised that if the citizens were in favor of the City looking at a citywide stormwater project, we would have to go to referendum with a stormwater bond issue. Commissioner Titcomb reminded everyone that when the City all done at once. There is a schedule in place for that project. also need a plan with respect to stormwater issues. That plan rating system. Many of the flood areas are well known. He have an independent consultant tell us what we already know. repaves streets, they are never Commissioner Titcomb feels we should include our needs with a is not certain it is necessary to Perhaps we need advice on how to attach priorities to the worst-case problems and assess funding. Commissioner Titcomb asked if there was a stumbling block to having staff prioritize these projects and make a recommendation to the Commission regarding a funding source. There are two issues to address. They are: 1. What should the overall citywide level of service be; and 2. Solving the problems that have been created over time. 9 MEET?NG MZNUTES C'rTY COMM'zSS?ON WORKSHOP BOYNTON BEACH,, FLOR.I:DA .1ANUARY 25~ 1999 Mayor Pro Tem -I~llman feels this was a major starting point for a very critical need in our City. He feels a critical needs assessment is required immediately and the levels of service need to be addressed. Mayor Pro Tem 'rillman feels staff should work this out and bring it back to the Commission for a determination on how much we can spend and how far we must go with this program. Mayor Pro Tem Tillman agreed with Representative Andrews' remarks that this issue needs to be brought into a regionalized arena. Mayor Taylor believes the logical approach would be to prioritize the projects. However, he pointed out that the cost of the Industrial Avenue project is $1.6 million. Under the current ERU fee, only $550,000 will be generated this year. It would take three years to fix that one problem. If the ERU fee was increased to $3, in one year only that one problem could be corrected. Therefore, Mayor Taylor feels the number one priority is the decision on how the stormwater will be funded. Representative Andrews explained that when he bought his office property, he was not required to purchase flood insurance because he was not in a flood area. However, anyone who is in a non-flood area can purchase flood insurance. He would have purchased that insurance to protect himself against a 100-year storm. He recommended that everyone purchase this insurance if possible. A gentleman in the audience asked if the City had attempted to negotiate with Comcast to lease land from them to dig a temporary pond for a period of five years in order to address the Industrial Avenue situation until the permanent drainage project could be completed. Mr. Sugerman advised that the only discussions the City has had with Comcast relates to the 50' easement for a roadway for traffic. There have been no discussions about retaining water on their property. Mr. Sugerman does not believe there is enough property available to build a retention area. City Manager Willis recommended that staff prepare an overview of the existing Stormwater Master Plan from 1992. The consultants can then overview what they consider to be the worst areas. It will be necessary to update that Plan and then talk about various funding alternatives at the next workshop. Mr. Sugerman pointed out that this Master Plan is a major report and analysis. Outside assistance will be required to provide an update and analysis since, given other responsibilities, there is no one on the Utilities staff who has been able to tackle this project. Commissioner Titcomb felt it made sense to bring back the consultants. A gentleman in the audience explained that approximately 10 years ago, the City of Cincinnati was facing the same problem and they passed a citywide bond issue. Tn that case, everyone shared the responsibility. In response to Commissioner Denahan, Mr. Sugerman advised that Old Boynton Estates is not one of the four critical areas that have been identified. 10 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLOI~DA 3ANUARY 25, 1999 AD3OURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 8:35 p.m. ATTEST: City ¢'lerk ~ eCler~k' P~ s) CiTY Of BOYNTON BE~C~ ~ ..... Commissioner jmp j:\sh rdata\cc\wp~nin utes\comm\012599.doc 1/29/99 8:49 APl 11