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Minutes 11-15-99 MINUTES OF THE STORMWATER WORKSHOP MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON MONDAY, NOVEMBER '15, '1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Nellie Denahan, Commissioner Ronald Weiland, Commissioner Dale Sugerman, Assistant City Manager Sue Kruse, City Clerk I. OPENINGS: Mayor Broening called the meeting to order at 6:38 p.m. and informed those present that tonight's meeting was a workshop and that no decisions would be made, but hopefully the workshop will prove to be fruitful, as well as informational. Mr. Dale Sugerman, Assistant City Manager said he would be making a presentation this evening. The first portion of the presentation would be historical and the second portion would be a stormwater report. He noted that the last City Stormwater Workshop was held on January 25, 1999. After the report, questions can be answered. History (Dale Sugerman) In November of 1998, Tropical Storm Mitch unexpectedly inundated the City. Tropical Storm Mitch left 13.5" of rain on the City within a 24-hour period. The City experienced significant drainage problems, as well as some localized flooding. The difference between drainage problems and localized flooding is that drainage problems result when the stormwater system gets overwhelmed because there is no where for the stormwater to go and the system cannot handle all the water. Streets, parks, and ball fields fill up with water when the system gets overwhelmed. However, virtually no water gets into any structures. Flooding is when homes and businesses take on water and property becomes damaged and sometimes destroyed. When Tropical Storm Mitch hit Boynton Beach, a significant amount of drainage problems and localized flooding occurred. In January of this year after that Storm, the City held a Stormwater Utility Workshop. Mr. Sugerman made available to the Commissioners the same handout from the January 1999 workshop that had been distributed to the Commission members at that time. At that meeting many stormwater topics were covered and a background and history of the City's stormwater utility were given. The South Florida Water Management District (SFWMD) Storm Control Chart was also reviewed along with the statistics contained on the Chart (which is attached and made a parr of the original minutes of this workshop. He noted that a 50 year storm (which means the storm would only happen once every MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA November 15, 1999 50 years) would produce 12.1" of rainfall within a 24-hour period. Historically, a 100- year storm would bring 13.6" rainfall within a 24-hour period. Therefore, statistically, Tropical Storm Mitch is the type of storm that should only hit Boynton Beach once every one hundred years. The City has to meet certain compliance dates mandated by the Stormwater Pollution Control Mandates of the EPA. The City is going to have to regulate run-offs and must ensure that the stormwater run-off will be going into the lakes, rivers and streams and is properly controlled and treated. This is outlined in the January 1999 Report, as well as setting forth the compliance dates. The January Report also contains the City's Stormwater Utility Budget, including revenues and expenses. The City's source of funds is realized by charging each customer $1.00 per Equivalent Residential Unit (ERU) per month. Therefore a homeowner would be charged $1.00 a month on a utility bill. Commercial properties pay more. In January 1999 the City's stormwater charge was the fourth lowest in the State of Florida. Mr. Sugerman also distributed the updated 1999 Stormwater Utilities Survey, which contains the statistics for 1999. Currently, the City has lost ground, because many municipalities have raised their rates. The City keeps falling further and further behind. Also, at the January meeting specific stormwater management problems in the City were briefly discussed. Most of the established City neighborhoods, east of 1-95 have no formal drainage structures to move stormwater. These neighborhoods rely on the swale system and this is almost the only source of drainage for neighborhoods east of I- 95. Neighborhood Associations were identified that had prior drainage problems, such as Costa Bella, Industrial Avenue (east and west), and the residential area south of Boynton Beach Boulevard between the railroad tracks and 8th Street, south to Home Depot. After the January Workshop, a Plan of Action was developed to start making many of the needed improvements. Three areas were concentrated upon as follows: . Develop a plan to deal with the established neighborhoods east of 1-95. It was determined to perform a swale inventory and to develop a swale maintenance improvement plan. · Make some immediate short term repairs to some of the critical intersections and in some of the difficult neighborhoods. 2 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA November 15, 1999 · Design work was instituted for the Costa Bella neighborhood and Industrial Avenue. The following steps were taken: · During this past spring and summer, a number of physical repairs and improvements that had been planned were made. · A swale study was instituted and the results of the study will be presented tonight. · The design work on the Industrial Avenue project was begun and the City is currently looking at what will be needed for the Costa Bella project. Mr. Sugerman said that on October 13, 1999 he furnished an updated report to Interim City Manager Hawkins. A copy of the memorandum was distributed to all the Commissioners. Mr. Sugerman further stated that on October 15, 1999 Hurricane Irene hit and left 18.35" of rain within a 24-hour period in Boynton Beach. Never before has Boynton Beach ever seen that much rain. Hurricane Irene caused much more drainage problems than Tropical Storm Mitch. However, there was much less significant flooding with Hurricane Irene. We believe this is due to the short-term improvements that the City has made to the system. In Mr. Sugerman's opinion, with just one or two problem areas remaining, the City's stormwater system worked very well. He noted that 18.35" of rain within a 24-hour period is national news and Boynton Beach had the most rain during Hurricane Irene. He further said that very few homes that were part of the City's stormwater system were actually flooded and he received a total flooding count of just five homes in three different locations. This is much better than what was experienced with Tropical Storm Mitch one year ago. Industrial Avenue and the neighborhoods south of Boynton Beach Boulevard are still a big problem, but a solution is being designed. Costa Bella is another area that has specific problems and the City is currently working with its consulting engineers to design a solution. However, funding the projects is a prOblem. For established neighborhoods east of 1-95, a swale maintenance plan is also being provided. Industrial Avenue and Residential Neighborhoods South of Boynton Beach BOulevard In 1996, $700,000 was placed in a Utility Department Bond Issue to help with the cost associated with making the improvements on Industrial Avenue and to the 3 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA November 15, 1999 neighborhobds south of Boynton Beach Boulevard. The final cost, however, to control stormwater in this area may be between $1.5 and $2.25 million. Already $120,000 from the $700,000 has been spent on design and engineering, together with land acquisition for stormwater retention, which the City now owns free and clear. Therefore, there could be a shortage of up to $1.75 million. The swale maintenance report calls for $11.7 million in swale construction and improvements with another approximate $700,000 for annual maintenance costs. Currently, all of those costs are not covered either. The stormwater fee brings in a little less than $600,000. Consideration needs to be given to increase the monthly fees and the City Commission must approve this. Mr. Sugerman noted that there is a State Revolving Loan Fund Program and the City has applied for some of those funds. The Program allows cities to borrow stormwater construction funds at approximately 3 to 3 ½ percent up to 20 years. Swale Maintenance Report The oldest sections of the City have the worst drainage problems because of the lack of a formal drainage system and the swale systems have never been maintained properly due to lack of resources. The swale system study contained five main goals - v' Determine System Adequacies. v' Reduce Poor Drainage in Older Neighborhoods. v' Provide Improved Water Quality Treatment (NPDES Program) v' Promote Aquifer Recharge. ,/' Reduce Need for Expensive Infrastructure (underground pipes). The areas included in the study were pointed out on the map. The areas were broken down into five target areas and the swales were inventoried with the following results: v' There are 490,500 linear feet of swales. v' 14% of the streets have properly functioning swales. v' 70% of the streets do not have properly functioning swales. (They are either blocked, filled in or don't flow at all.) These 70% are good candidates for retrofitting and can be put into a properly functioning condition. v' 16% of the streets are not suitable for retrofitting. Level of Service Associated with Improvements to the Stormwater System There are four basic levels of service that could be provided in a stormwater system as follows. However, in order to guaranty that there would never be any stormwater ever standing anywhere in the City probably would take hundreds of millions of dollars in 4 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA November 15, 1999 improvements to make this guaranty. Therefore, the City would never suggest that it could provide a level of service guaranteeing no standing water anywhere. You have to accept some level of stormwater. · Under Service Level A, water would stand 100% within the swale structure itself for a typical storm of less than 1" in 24 hours. · Under Service Level B, water would exceed the capacity of the actual swale and might work its way into the street. However, on average one lane would remain open and passable. This is a storm that is greater than 1", but less than 2.5" in 24 hours. This would capture about 90% of all statistical storm events. · Under Service Level C, streets and yards fill with stormwater and this covers a storm event that is greater than 2.5", but less than 6". No structures would be taking on any water. For rain greater than 6", the SFWMD Storm Control Chart would apply and this is a storm that typically would only occur once every two to five years. · Under Service Level D this applies to a storm that is greater than 6" of rain within a 24-hour period. In those cases, structural flooding is possible, which occurred during Hurricanes Mitch and Irene. As a result of the Swale Report, the City now has a page-by-page inventory of all the streets and the type of retrofit that each street would receive. These areas were pointed out on the map. Summary of Costs to Make Improvements The Report by Camp Dresser & McKee determined that the City will need to spend $3.9 million each year for the next three years, for a total of $11.7 million for the swale retrofit program. Approximately $350,000 will have to be spent annually for swale maintenance, which would include the following: 1. Three (3) mowings per year; 2. Debris pick up three (3) times per year; and 3. Swale regrading once every five (5) years. We believe that with these improvements between 85% to 90% of the drainage problems can be contained by the swale systems. This would avoid the significant costs associated with installing drainage and pipes. Mr. Sugerman introduced Brian Mack, a Senior Water Resources Engineer with Camp Dresser & McKee and the main writer of the report. Mr. Mack will answer any specific technical questions that anyone might have. Mr. Sugerman said he would have a simple plan of action to present to the Commission at the end of the presentation. 5 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA November 15, 1999 Commissioner Denahan noted that the streets in Area 5, including NE 8th Avenue just finally cleared of water and have had water on the streets since the beginning of September. Commissioner Denahan asked if Service Level B would be effective on streets like NE 8th Avenue to capture 90% of storm events? Mr. Sugerman said the neighborhoods that have a tidal problem because the land is so Iow, the high tides from the Intracoastal saturates the ground and there is no percolation. Commissioner Denahan asked if seawalls were included in the maintenance and was informed they were not. Mr. Sugerman said the Report does not address the tidal issue and more money would be needed to resolve that problem. Vice Mayor Tillman did not feel the stormwater problem would go away but merely readdressing how the City looks at its swales. To him, this is not a solution. Vice Mayor Tillman said the City should start to look outside the box and needs to start doing something creative in solving these problems. Vice Mayor Tillman said the City has taken some bold steps in terms of its drinking water and now something should be done for stormwater. He would like something tied in with stormwater irrigation. All this water that is run-off could be retained for irrigation. By utilizing the stormwater for irrigating certain neighborhoods, it would reduce the cost of the residents' monthly water bill and this could free up money. We need to come up with some long-term concrete solutions. Vice Mayor Tillman said if you are standing in ankle-deep water, to him this is flooding and the City cannot keep telling its citizens one thing, when actually it is something else. Vice Mayor Tillman would like the City to choose a particular location and put out an RFP and see what comes back that would be innovative and state-of-the-art. This is how you start moving forward to a better stormwater/irrigation program. Mr. Sugerman said one of the goals was to keep the cost Iow, but he would like to pursue Vice Mayor Tillman's suggestions, but needs to know just how much money the City wants to commit to accomplish these goals. Mr. Sugerman said if he had unlimited resources, he could get very creative. Commissioner Denahan wanted to know if speaking "outside the box" would be environmentally friendly? Mr. Sugerman said the City is always driven by the environmental factor no matter what projects it undertakes and will be regulated on the stormwater. Mayor Broening noted that the Report did not prioritize any particular area. Mayor Broening said he drove through all the areas of the City immediately after the storm and noticed a lot of drainage problems that persisted for many days, even though the rain had stopped. Mayor Broening was of the opinion that this water was coming from other sources and was not water that fell on the area. 6 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA November 15, 1999 Mr. Mack replied that with regard to prioritization Camp Dresser undertook an inventory to where swales would be feasible or not feasible. These areas, however, could be prioritized, as the information is now available. With specific reference to the Boynton Lakes situation, this is not a City of Boynton Beach system, but is a private system. Also, this same scenario applies to the Meadows. These private systems eventually drain into the public canals. However, the systems were not properly maintained, which caused their lakes to overflow. The water went into their streets, and they did not have a drainage system to get the water off the streets and back into the lake. The City is talking to these private systems to assist them in the future to avoid these situations. Vice Mayor Tillman felt this was the best method to proceed in these areas since the residents of these communities are citizens of the City and need help. Commissioner Weiland asked Mr. Sugerman to address the Industrial Avenue area and the area south of Boynton Beach Boulevard. Currently, the City is taking photographs of the topographical areas in the neighborhoods south of Boynton Beach Boulevard, down to Home Depot. Preliminary indications show that all the water can flow south to a retention pond that the City will build on property the City already owns. This is the direction the City is heading. This will involve underground structures that will flow southward, off Industrial under the Boynton Beach overpass, south through the neighborhood and eventually to the aboveground retention pond. This is currently in design. Commissioner Weiland asked if it would be more feasible to have a retention pond north of Industrial Park and then use what is currently in place south of Boynton Beach Boulevard because of the great expense involved? Mr. Mark Law, Deputy Utilities Director, Wastewater/Stormwater stated staff did a preliminary design in house which includes a second retention pond in conjunction with a storage facility on the south end of Industrial Avenue, with the ultimate goal of the water emptying into the canal. This will be turned over to Camp Dresser & McKee who will continue the design in order to solve the problem. Commissioner Weiland felt that $334,000 for swale maintenance might be too Iow. Mr. Sugerman said this is just a range for Report purposes. Commissioner Weiland pointed out that most homeowners have to maintain the swales themselves. Mr. Sugerman said that this Program would guaranty that there would be three mowings per year. Mr. Mack noted that the swales are shallow-type swales and are not deep ditches and blend in with the landscape. We are recommending a brochure be distributed to the residents regarding the swales and a public education and awareness program. 7 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA November 15, 1999 Commissioner Denahan asked about the neighborhoods that have sidewalks and curbs and how would they be retrofitted. Mr. Mack said these areas are not suitable for swales and are not included in the retrofitting. Commissioner Weiland agreed with Vice Mayor Tillman that the City needs to look outside the box and to come up with something more high tech. He said that consideration should be given to charging residents more than $1.00 per month and perhaps charge $3.00 to $5.00 per month. This would create more revenue and could take care of the drainage problems. Mr. Sugerman said he would like the Commission to give staff approval to conduct a rate study to determine what revenues would be necessary to make the improvements. Staff can become creative and could bring back figures on what it would exactly cost, if this is what the Commission would like. Mayor Broening would like to see mitigation combined with long-term solutions, together with prioritization of where flooding is actually occurring. Mayor Broening acknowledged that the EPA has mandated the year 2007 for resolution, but would like to start moving immediately to address the real problems. Summary If there is consensus on the Commission, staff would like to continue with the short-term improvements. Staff would like to continue moving forward with their design for an improvement project for Industrial Avenue and Costa Bella. This will be coming back to the Commission for funding. Staff would like to conduct a rate study to correct and separate stormwater as well as water/sewer. The water and sewer system currently subsidizes the stormwater system and this is inappropriate. Mr. Sugerman requested to do a full rate study for all three utilities to make certain the rates are where they need to be. Staff will search for alternative funding and alternative methods, other than just the Swale Report. Mayor Broening noted there was a consensus on the Commission for staff to continue in this direction. Mayor Pro Tem Sherman pointed out that the average stormwater fee is $3.07 per month per ERU and the City has been charging only $1.00 for many years. The City keeps falling further behind with this Iow fee. MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA November 15, 1999 PUBLIC AUDIENCE Mr. Thomas McGow presented a letter to the Recording Secretary for inclusion in the record and then assumed the podium. Mr. McGow stated he resides at 945 Le Grace Circle in Costa Bella. He said he asked the Commissioners to come down and look at his neighborhood and contact him, but no one ever did except for Mr. Law. Mr. McGow said that .Costa Bella has a flooding problem. He loses $2,000 every time his house floods and his family is put in jeopardy every time another house goes up in his neighborhood without a drainage program. Mr. McGow requested the City fix his neighborhood and he is upset. He pays taxes on his house, but could not sell his house at a fair value because he has to divulge that it floods. The retention pond in his neighborhood has been reduced in size and the outflow pipe that the City put in is mostly underwater in the canal. This does not work. The City has made it worse by allowing more housing in the neighborhood and if another house goes up in his neighborhood, he is bringing suit against the City. Mayor Broening said he drove through the neighborhood and did observe how deep the water was. There have been 15 homes built without any suitable improvement to the drainage system and has made the system worse. He would like someone from the City to come out to this neighborhood to show him where the drainage was improved. Ms. Pam Brown, 935 LeGrace Circle said she owns one of the first houses built in the development in 1986, which she purchased in 1990. One year later she found that her house flooded. Ms. Brown said that a drainage system was put in leading into the canal. However, at that time there was no consideration given to adding 15 additional houses to the development. The land originally was intended for only 11 houses to be built. She has been flooded three times and has had 12" of water in her house twice in one year. Sewer water comes up under her bathtub and there is mold on the walls. Ms. Brown said she has been fighting this for ten years and is ready to go to court and sue. Something must be done. She felt it was ludicrous to allow the developer to come in and put up houses that are four feet higher than the two existing homes, which caused more flooding. The other existing homes do not flood, but the water reaches their garage doors. Ms. Brown said she had a foot of standing water in her house for two days and there was sewer water coming out of her front yard and she had to walk through this water just to get out of the development. She too said she could not sell her property and she is now ill from living in a contaminated house. Mayor Pro Tem Sherman inquired when the 14 additional houses were built and Ms. Brown replied within the past two years. Ms. Brown said at that time the drainage 9 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA November 15, 1999 system was working and there were occasions where there was water in the cul-de-sac, but never up to her house. Mayor Broening asked if the new houses were on the original permit or were they new permits and Ms. Brown replied they were new permits with a new developer who bought the land. The houses that the new developer put in are 4' higher than the existing houses. Ms. Brown requested that the City not allow the developer to put in the last house, which is right next to her retention pond in her backyard. Ms. Jane Egert, stated she resides in Laurel Hills and said she never had any flooding problems and has lived in the same house for 16 years until the last two severe storms. She felt the flooding was the result of the two new houses that were built on NW 7th Street and were built higher than the surrounding property. She said that every time the City repaves the read, they pave over the existing road, which results in the road getting higher all the time. Ms. Egert said the City is creating these problems and is now asking the residents to pay to correct these problems and she said it should have been handled better. Mr. Ron Whittaker, 259 Industrial Avenue asked that the Commissioners and City staff hold a workshop with the residents of Industrial Avenue to keep them updated on the City's plans. He would like to know how long it will take, how much it would cost and what is involved. Mr. Whittaker did not think that raising the rates to $5.00 was fair and suggested raising the rates to about $2.00. Mr. Whittaker would also like more information on the bond issue. Mr. Kevin Scully, Scully's Market, said his property on East Ocean Avenue did not flood and yet that is where the City is putting in a $600,000 drainage project. He does not understand why the City is spending this much money on a road that doesn't flood and there are other neighborhoods in the City that do flood. Mr. Scully said that people from Gee and Jensen have told him that there are hundreds of ways to do the drainage project in Boynton Beach and Ocean Avenue, which does not flood. Mr. Scully has concerns about the new drainage project going in on East Ocean Avenue at the new bridge. According to the contractors, the designer of the project incorrectly pitChed the road and twice each day at high tide it floods. They told him that this is a problem that is never going away. Mr. Scully said this new drainage problem is already permanently flawed. Commissioner Weiland asked if any of the stormwater from East Ocean Avenue would be going to the retention pond and Mr. Sugerman replied it would all be going to the retention pond. 10 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA November 15, 1999 Mr. Jeffrey Bennett, 4039 Floral Drive said he lives in the County and does not want anything to do with Boynton Beach. He said when the City annexed property next to Sausalito Place, the City accepted a Master Plan from the County, which required the City to follow the PUD. This required providing drainage to his neighborhood and this has not been done. Mr. Bennett would like to know why the plan for Sausalito was not followed and the entryway leading from Lawrence Road floods his property. He has been flooded since 1995 from Sausalito Place and his property never had a problem with drainage until Sausalito Place was built. Mayor Broening said the Commission could not answer these questions tonight and Mr. Bennett requested that someone contact him to answer these questions. Mr. Ron Mercantante, 955 Le Grace Circle, asked when he purchased his property why he was not informed that it was in a flood zone? He said he did not find out that he was in a flood zone until he applied for a mortgage. He said that although his home did not receive extensive damage, he probably would have flooded had the rain continued just a little longer. He said he would never have bought his property if he knew it was in a flood zone and he holds the city responsible for not making a developer disclose that property is located in a flood zone. There was no one else to speak. Mayor Broening closed the public audience. Mr. Sugerman suggested that the City Attorney should be consulted on some of these issues. Mr. Sugerman said that the City has a standard and that all new developments that are built must be able to retain up to three inches of stormwater on site and it is their obligation. Therefore, with the City's standard just being 3", more than 3" will run off somewhere else. Because of all the development in the City, this has caused more impervious areas. As a result, there is not as much raw ground to permit stormwater to percolate back into the ground. This all changed the configuration of the land because of development. Mr. Sugerman said he has had lengthy discussions with the City Attorney on how far the City's obligation goes when development is allowed, if it meets code, building standards and the standards of the SFWD and other agencies for flood control. In that event, how far is the City obligated to allow the development to go before it impacts an older, adjacent property owner? Mr. Sugerman feels that the City does not have an obligation to protect immediately adjacent property owners from development next door. He. requested that those present tonight speak with the City Attorney. He concluded that 40 years ago the City had in place a stormwater utility, but development has been explosive in the last 10 to 15 years in our community, which has not had much of system in place. 11 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA November 15, 1999 There being nothing further to discuss, the Mayor declared the meeting adjourned. The meeting properly adjourned at 8:00 p.m. ATTEST: 'City ~lerk - - Recording Secretary (two tapes) Mayor Pro Tem 12 MEMORANDUM TO: John A. Guidry Utility Director FROM: H. David Kelley, Jr., PE/PSM Utility Engineer DATE: October 12, 1999 SUBJECT: Updated Status Report Preliminary Stormwater Projects Time Table REFERENCE: Memorandum to Mark Law dated 04/20/99 Pursuant to your request, I have reviewed the status of the stormwater projects that we have been working on in-house. The following review and time table update is submitted for your information: SW 1st STREET ~ WOOLBRIGHT ROAD This project was designed and submitted to Palm Beach County Engineering Department (PBCED) for connection permit on August 6, 1999. Comments received back on September l0th were addressed and re-submitted to PBCED on September 29th. We are awaiting their approval of the application and issuance of the permit. The construction of the intersection of SW 1st Street and SW 14th Avenue has been under-way for some time; however, the overflow connection to the drainage system in Woolbright Road is the subject of the permit. LAKE DRIVE NORTH This area is known as the Potter Road - Lake Drive North drainage problen~ Previous area review is in my memorandum to you on September 9, 1998. Additional field data verification was performed in May, 1999 by an outside surveying fn'm, and received back via a electronic file supplement in July, 1999. We met with the county office of the Florida Department of Transportation (FDOT) in early September, 1999 and extracted plan information to their Federal Highway outfall located in the area north of Dimick Avenue. I have been in contact with Mr. Mike Tomecko at the Fort Lauderdale district office of FDOT in the attempt to obtain a copy of the drainage calculations wastewater and stormwater). That is a tbpic that can most likely be discussed with the City Commission if and when we make a formal presentation to them on our Stormwater Master Plan update. As always, should you have any questions about what I have outlined above, please be sure to contact me directly. Dale S. Sugerman Assistant City Manager cc: John A. Guidry, Utilities Director CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPON DENC E DATE: TO: FROM: SUBJECT: October 13, 1999 Wilfred J. Hawkins, Interim City Manager Dale S. Sugerman, Assistant City Manager Stormwater Management- Plan of Action Update Report This memorandum shall serve as an update report on our stormwater management activities that we have been working on throughout the course of the past year. First, a brief history on what has taken place to date: January, 1999- A public workshop was held on a variety of stormwater management topics. The City Commission asked the staff to move forward with developing an update to the Stormwater Master Plan. February, 1999- The City's Utility Department staff developed a "Plan of Action" for moving forward with the direction from the City Commission. The "Plan" included 4 major focuses: 1) Working with the utility's engineering consultant (Camp, Dresser & McKee), the staff asked them to respond to a scope of services to complete a Swale Improvement Plan. The Plan is intended to include: a) b) c) A swale inventory. A swale rehabilitation plan. A long-term maintenance and staffing plan. 2) A construction plan to address some "quick-fix" drainage areas, including: a) b) c) S.W. 30th Ave. & S.W. 13th Place. S.W. 14th Ave. & S.W. 1st Street. Lake Drive North & Mission Hill. problem 3) Development Of a plan for some near-term projects, including: a) b) c) d) e) Woolbright Rd. @ S.W. 1st St. Lake Drive North. N.E. 8th Ave. @ N.E. 7th St. Costa Bella neighborhood. Industrial Avenue. improvement 4) Starting the discussions on completing a citywide drainage improvement plan (long-term fixes), involving the potential installation of hard pipe and drainage structures. The long-term improvement discussions included the need for the City to consider modifications to the utility rate structure and the issuance of bonds to finance these types of major projects. It was shortly after these February staff planning meetings when the former City Manager asked us to "slow down" our efforts on ttze stormwater master planning project. In Particular, we were asked to not move forward with Focus #1, # 3 & #4. It was apparent that, other than some of the quick-fix projects~, many of the larger projects would have a Significant price tag attached to them, and she was concerned that these large price tag amounts should "not get out dudng the electiort time of year." March, 1999- The new City Commission was seated. The utility staff began to gear up its efforts again. We asked the Utility,s consulting engineers to begin to put together anioutline for helping us update the overall Master Plan. ~. April, 1999- CDM presents a ScopeofYVork for completing a Swale Inventory and Maintenance program as part of the Stormwater Master Plan Update. The Utility staff begins to make some of the minor repairs outlined above (Focus #2). May, 1999- CDM was awarded a $49,930 not-to-exceed contract to complete the Swale Inventory and Maintenance Report. Summer, 1999- Finishing touches are puten the design for the Pond "B" project (the major downtown stormwater, improvement structure). Arbitration moves forward on the final purchase price for the Pond "B" property. Most of the quick-fix projects are completed. Many of the near-term projects (Focus #3 above) ~re begun. August, 1999- CDM delivers to the Staff the 90% completed Swale Report. Staff makes its comments and asks CDM to make some revisions to the final report. There is a preliminary indication that this project will come in under budget. October, 1999- Final Swale Inventory and Maintenance Report is delivered to the City. This project does come in under budget by approximately 20%, due to close staff involvement in the project. That gives you a fairly good analysis of the general work efforts we have made toward stormwater management to date. To help you get a handle on some of the details of the construction work that is underway, attached to this memorandum is a separate memorandum from Utilities Engineer David Kelley to Utilities Director John Guidry. The attached memorandum outlines the status of the near-term construction projects. You will notice that some of those projects are currently underway. Others of them are still in design, and others yet will have to wait for the long-term fix. These long-term fix projects, as mentioned earlier, will most likely result in an adjustment in the utility rates and the issuance of bonded indebtedness to cover the expense of these major projects. SUMMARY In summary, we can expect delivery of the Swale Inventory and Maintenance Plan within the next week or so. Once it is delivered, I would be happy to schedule a formal presentation of this report to the City Commission if you believe that it would be helpful. The Report is fairly comprehensive, yet it is relatively easy to read. However, the sticking point is that the price tag to implement the recommendations within the report may be difficult for some people to accept. Please let me know if you think that such a presentation should be scheduled. In addition, since we last had the general issue of stormwater management before the Commission and the general public, we have undertaken many of the quick fix and near- term construction projects identified this past February. We are making good progress in controlling many of the drainage problems throughout the community. In fact, there have not been any serious "flooding" complaint calls during this entire year, including the two hurricane and many tropical storm events that have occurred. We have made a concerted effort to eliminate the number of "flooding" complaints that we experienced last fall and are very proud that these efforts are now paying off. From my perspective then, all that really remains to be done is to implement the Swale Maintenance program and to consider undertaking the major stormwater improvements (pipes and structures). Either or both of these efforts will most likely take a system-wide bond issue to fund. And of course, a system-wide bond issue will only be available if we allow for modifications to our utility rate structure. If we do have the opportunity to look at modifying our overall rates (for the purpose of issuing bonds) then of course it makes the greatest amount of sense to look at modifying our rates for all of our utility activities (water, MEMORANDUM - Stormwater Project Update Page 2 from this office (circa 1961). Refer to my memorandum to you dated September 3~ regarding this matter. NE 8th AVENUE ~ NE 7th STREET Again, this area is located in a coastal zone, which was cited in my memorandum dated February 9, 1998, augmented by a response to citizen's action complaint #46, dated March 11, 1998. No economical solution is available at this time. COSTA BELLA SUBDIVISION This subdivision was looked at in June, 1997 at the request of Mark Law. In essence, my report -to him reflected that the drainage was private and dedicated to the Costa Bella Homeowners Association for construction and maintenance of drainage facilities. Apparently the Costa Bella Homeowners Association was dissolved prior to 1995, as the association does not exist today. We had an outside surveying fu'm perform an area topographical survey to verify the area elevations including the street profiles of all existing streets that drain into this subdivision area. This included the existing outfall system through the adjacent Sky Lake subdivision to the LWDD E4 Canal. [Refer to my referenced memorandum.] This was completed in June, 1999. A review of the data reveals that the original house (Lot 9) constructed in the Costa Bella subdivision was established at 16" above the cul-de-sac pavement of Le Grace Circle. All other dwellings on this circle exceed 18" above the pavement. Lot 9 abuts the drainage easement located in the rear of Lot 7. Any potential outfall remedial solution analysis has not been completed. Previous discussion of a 'flap gate' will not work in this case. A probable storm pumping system may work. This project is next on the priority list. INDUSTRIAL AVENUE The Department issued a City Commission authorized P.O. #992429 to Brown & Phillips, Inc. for the field survey work for this project. This is being performed in four (4) parts, as follows: The 50-foot canal easement, from the LWDD E-4Canal eastward along Woolbright Road to the CSX Railroad right-of-way, then northward to the northeast comer of The Vinings at Boynton Beach development. Retention Pond area; this area located between SW 6"' Street on the west and the railroad on the east, and between SW 4th Avenue on the south and SW Ist Avenue on the north. MEMORANDUM - Stormwater Project Update Page 3 Establish centerline and right-of-way for NW 6th Street, from SW 1st Avenue to Boynton Beach Boulevard, including in and around (under) the bridge span of Boynton Beach Boulevard over railroad/I-95 crossing, to Industrial Avenue. The STOR-ALL site improvement plan has been submitted to the City for the develop- ment permit which the Department will incorporate into the thru-passage stormwater design of the overall area drainage solution. Establish centerline and right-of-way topography for Industrial Avenue, fi.om Boynton Beach Boulevard to the north end of the roadway. The issue of Mark Bobich's 12/21/98 memorandum (Industrial Avenue Area Safety) will come into play in the design phase for this segment. The field survey work is approximately 80% complete. In a telecon with John Phillips today, they expect to complete the Industrial Avenue segment by the end of the month. Rain delays have held them up. They will then submit the product(s) to the Department for review and acceptance. The design plans (to be developed in three (3) segments) will consume a minimum of 3 months. Preliminary meetings with the SFWMD will also take place at the same time. Permitting through the SFWMD usually takes between 5 and 7 months. ASsuming that the project proceeds normally, this project should be scheduled for FY 2000-2001construction. SUMMARY I trust this will be helpful. Unless otherwise directed, we are following the Current Project Status Report Priority List established by you on July 7th. HDK XC: Dale S. Sugerman Mark G. Law Grace Wilson File Stormwater Utilities Survey Copyright© 1999 by the Florida Association of Stormwater Utilities, Inc. Ail rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, photographically, or otherwise, without the prior written permission of the Florid~ Association of Stormwater Utilities, P.O. Box 867, T~llahassee, FL 32302 11. What is your current stormwater utility rate per month? Average rate is $3.07, which is unchanged from the average rate reported in 1997. Jurisdiction Billing Rate Unit Size Jurisdiction Billing Rate Unit Size City of Aubumdale $0.50 .' N/A City of Dunedin $3.00 1,708 City of Boynton Beach 1.00 1,937 City of Leesburg 3.00 2,000 Hillsborough County 1.00 N/A City of Longwood 3.00 2,898 City of Sundse 1.30 1,884 City of Oakland Park 3.00 1,503 City of Hallandale 1.42 958 City of Ocala 3.00 1,948 Leon County 1.67 2,723 City of Satellite Beach 3.00 3,000 City of Margate 1.85 2,328 City of West Palm Beach 3.00 1,573 City of Cocoa 2.00 2,166 City of Wilton Manors 3.00 3,460 City of Homestead 2.00 2,000 Charlotte County 3.00 N/A City of Largo 2.00 2,257 Town of Jupiter 3.18 2,651 City of Miramar ZOO 3,619 City of T'rtusville 3.29 1,100 Miami-Dade County 2.00 1,548 City of Miami 3.50 1,191 City of Winter Spdngs 2.04 2,123 City of DeLand 3.60 4,900 City of North Miami 2.10 1,760 City of North Miami Beach 3.70 1,800 City of Ft. Lauderdale 2.24 N/A City of Oviedo 4.00 2,454 City of Lake Worth 2.25 1,748 City of Sanford 4.00 2,126 City of Cape Coral 2.50 10,000 City of Winte~ Garden 4.00 4,077 City of Deltona 2.50 2,495 City of Cleanvater 4.17 1,830 City of Hialeah 2.50 1,654 City of Ft. Meade 4.25 NIA City of Holly Hill 2.50 1,620 City of Altamonte Springs 4.50 15,540 City of North Lauderdale 2.50 2,138 City of St. Petersburg 4.50 2,719 City of Oldsmar 2.50 2,550 City of Jacksonville Beach 5.00 1,541 Town of Bay Harbor Islands 2.50 1,548 City of Ocoee 5.00 2,054 Volusia County 2.50 2,067 City of Gainesville 5.25 2,300 City of Daytona Beach 2.56 1,667 City of Orlando 5.50 2,000 City of Cocoa Beach 2.75 2,900 City of Tallahassee 5.91 1,990 City of Boca Raton 2.90 2,837 City of Edgewater 6.00 2,027 City of Casselberry 2.90 2,304 City of Port Orange 6.00 3,050 City of Griffin 2.95 2,200 Sarasota County 6.70 3,153 City of Venice 2.98 9,489 City of Winter Park 7.43 2,324 Brevard County 3.00 2,500 City of Port St. Lucie 8.33 2,280 City of Atlantic Beach 3.00 1,790 $9.00 $8.00 t $7.00 $6.00 $5.00 $4.00 $3.00 $2.00 $1.00 $0.00 Respondents FASU 1999 Stormwater Utilities Survey Page 10 Comparative Monthly Stormwater Rates Based on Standardized Billing Area Standardizing the billing area to 1,000 square feet dramatically changes the rankings of rates. Average for 1999 is $1.53 (19;)7 was $1.46). Jurisdiction Rate Jurisdiction Rate City of Cape Coral 0.25 ? City of Ocala 1,28 City of Venice 0.27 City of Sanford 1.41 City of Plant City 0.44 City of Coral Gables 1.44 City of Boynton Beach 0.52 City of Oviedo 1.62 Leon County 0.61 City of Clearwater 1.64 City of Longwood 0.63 City of SL Petersburg 1.66 City of Lake Mary 0.89 City of Atlantic Beach 1.68 City of Margate 0.75 City of Dunedin 1.78 City of Oldsmar 0.78 Sarasota County 1.85 City of Wilton Manors 0.87 City of West Palm Beach 1.91 City of Largo 0.89 City of Port Orange 1.97 City of Cocoa Beach 0.95 City of Oakland Park 2.00 City of Winter Springs 0.96 City of Gainesville 2.17 City of Winter Garden 0.98 City of Tamarac 2.19 City of Homestead 1.00 City of Ocoee 2.19 City of Boca Raton 1.02 City of Orlando 2.25 City of North Miami 1.14 City of Tallahassee 2.89 Town of Jupiter 1.17 City of Miami 2.94 City of North Lauderdale 1.17 City of Edgewater 2.96 Brevard County 1.20 City of Winter Park 3.20 Volusia of County 1.21 City of Jacksonville Beach 3.24 City of Casselberry 1.26 $3.50 $3.00 I ' 1 $2.50 $2.00 $1.5o $1.00, $0.50 $0.00, Jurisdictions Responding 1999 Stormwater Utilities Survey Page 11 0 0 ~ 0 II II II II II oo 0 o m PO 0 ,=1 ,-.I o o f.o c~10~ o 0.1 co 00 o CITY OF BOYNTON BEACH DETAIL EXPENDITURES BUDGET YEAR 1998-1999 ~EPARTMENT: WATER/SEWER REVENUE ~IVISION: STORMWATER MAINTENANCE FUND: 40t DEPT. NO.: 2824-536 OBJECT 1995/96 1996/97 1997198 t998/99 NUMBER EXPENDITURE CLASSIFICATION ACTUAL ACTUAL AMENDED ADOPTED CAPITAL OUTLAY 63-13 STORM DRAINS 42.862 70,000 70.000 64~2 GENERAL EQUIPMENT 6,370 8.800 6,500 64~20 COMMUNICATION EQUIPMENT 2,763 1,600 1,000 TOTAL CAPITAL OUTLAY ~; $ 51,995 $ 80,400 $ 77,500- NON~)PERATING EXPENSES 91~2 TRANSFER TO SELF INSURANCE/W.C. - 4,616 5.500 5,805 91~30 TRANSFER TO VEHICLE SERVICE - 250,866 - 27,000 TOTAL NON~3PERATING EXPENSES $ $ 255,482 $ 5,500 $ 32.805 TOTAL STORMWATERMAINTENANCE $ 912 $ 556,553 $ 484,714 $ 519,915 CiTY OF BOYNTON BEACH DETAIL EXPENDITURES BUDGET YEAR 1998-1999 OEPARTMENT: WATERJSEWER REVENUE ~ DMSION: STORMWATER MAINTENANCE FUND: 40t DEPT. NO.: 2824-536 OBJECT 1995/96 1996/97 1997198 1998/99 NUMBER EXPENDITURE CLASSIFICATION · ACTUAL ACTUAL AMENDED ADOPTED PERSONNEL SERVICES 12-10 REGULAR SALARIES $ 896 $ 141.232 $ 166,209 $ 168,062 14-10 OVERTIME PAY 16 11.669 20,000 20,000 21-10 FICA TAXES - 11,395 14,245 12,857 22-10 GENERAL EMPLOYEES RETIREMENT 7,472 12.094 11,254 23-10 LIFE INSURANCE 252 296 375 23-20 DISABILITY INSURANCE 718 874 1.109 23-30 HEALTH INSURANCE 10,082 13,558 14,335 23-40 DENTAL INSURANCE 588 1,454 1.940 TOTAL PERSONNEL SERVICES $ 912 $ 183,408 $ 228,730 $ 229.932 OPERATING EXPENSES 43-30 GARBAGE FEES/ROLL OFFS 4,075 10,000 10,000 44~30 EQUIPMENT RENTAL 1.000 5(X) 46~20 !EQUIPMENT REPAIRS & MAINTENANCE 314 5.0(X) 3,000 ~30 VEHICLE MAINTENANCE - GARAGE 12,687 7,440 31,895 ~ STORM DRAIN REPAIRS - 4,835 35,000 35,000 47410 PRINTING - 1,0(X) 500 4~10: WAREHOUSE SERVICE CHARGE - 2,039 944 1,133 4417i OTHER CONTRACTUAL SERVICES - 16,157 62,000 62,000 4418 COMPUTER SERVICE CHARGE 14,000 15,000 49~0 LABORATORY TEST - 5,000 5,000 52i20 :OPERATING EQUIPMENT <$500. 242 500 3,000 52;[23 SAFETY CLOTHING/EQUIPMENT 1,260 1,000 1,500 52;24 BLDG. SUPPLIES/MATERIALS 21 750 750 52,27 HARDWARE/TOOLS - 2,973 4,000 4,000 52428 CHLORINE - 500 500 52-33 STORM DRAIN SUPPLIES - 4,174 17,000 17,000 52;75 EQUIPMENT PARTS/SUPPLIES - 2,516 2,550 2,500 54-30 TRAINING 375 1,400 1,400 TOTAL OPERATING EXPENSES $ $ 65,668 $ 170,084 $ 179,678 Florida Storrnwater Utility Rates Updated November, 1.998 Jurisdiction i Rate I ERU_S~e Jurisdiction ~ Rate i ERU Siz_e Brevard County i'~--3'--00 I 2,500 sq. ft. City of Naples $ 1.43 i NIA City of Altamonte Springs ! $ 3.75 i N/A City of North Lauderdale $ 2.50 j 2,138 sq. ft-~. :City ofAttantic Beach iS 3.00i 1,790sq. ft. City of North Miami $ 2.001 1,760sq. ff _City of Aubumdale i $ 0.50 N/A City of North Miami Beach $ 2.65 i 1800 sq. ft. City of Boca Raton $ 2.90 2,873 sq. ft. City of Oakland Park $ 3.00 i 1,385 sq. ft. C!ty of Boynton Beach I $ 1.00 1,937 sq. ft. City of Ocala $ 2.50 I 1,948 sq. ft. City of Cape Coral i$ 2.50 I 10,000sq. ft.~iCityofOcoee $ 4.50 I 2,054sq. ft. Ci!y of Casselberry i $ 2.90 I 2,304 sq. ft. City of Oldsmar $ 2.00I 2,550 sq. ft~ City of Clearwater. I $ 3.00I 1,830 sq. ft. City of Opa-Locka $ 1.90 N/,a City of Clermont j $ 3.00 i NIA City of Orlando $ 5.50 I 2,000 sq. City of Cocoa { $ 2.75 1,700 sq. ft. City of Ormond Beach $ 5.00 ! 3,000 sq. ft. City of Cocoa Beach i $ 2.75 2,900 sq. ff. City of Oviedo N/A ! Ci:ty of Coral Gables I $ 3.50 2,428 sq. ft. City of Plant City $ 3.00 N/A ~;_~it_y of Daytona Beach I $ 2.43 1,661 sq. ft. City of Pompano Beach $ 3.60 N/Ai Ciiy of Deland t $ 3.00 4,900 sq. ft. City of Port Orange $ 6.00 3,050 sq. ft. City of Delray Beach 15 4.50I 2,502 sq. ft. City of Port St. Lucie $ 4.42f N/A ~;itY of Deltona I $ 2.50 2,495 sq. ft. ~City of Safety Harbor $ 3.50 1,865 sq. ft. City of Dunedin I$ 3.00 1,708 sq. ft. : City of Sanford $ 3.00 2,126sq. ftl City of Edgewater $ 6.00 2,027 sq. ft. City of Satellite Beach $ 3.00 3,000 sq. ff. CitY of Eustis $ 3.00 N/A City of South Daytona $ 5.00 NtA CitY of Fort Meade $ 3.75 I ~ N/A City of South Miami $ 2.50 N/A cit~ of Ft. Lauderdale $ 2.24 I N/,~ City of St. Augustine $ 2,00 N// citY of Ft. Pierce $ 12.00I 2,186 sq. ft. City of St. Petersburg $ 4.50 2,719 sq. ft. City of Ft. Myers $ 3.00 N/A City of Sunrise $ 1.30 1884 sq. ft~ City of Gainesville $ 5.25 2,300 sq. ff. City of Sweetwater $ 2.50 N/A city of Golden Beach $ 12.00 N/A City of Tallahassee $ 5.92 1,990 sq. ft. City of Hallandale $ 1.42 958 sq. ft. City of Tamarac $ 4.00 1,830 sq. ft. City of Hialeah $ 2.50 1,664sq. ff. City of Tavares $ 2.00 N/A City of Hialeah Gardens N/A N/A', City of Titusville $ 3.00 N/A city of Holly Hill $ 2.50 1120 sq. ft. City of Venice $ 3. i2 11,000 sq. ft. City of Homestead $ 2.00 2,000 sq. ft. City of West Miami $ 1.75 N/A Cit~ of Jacksonville Beach $ 5.00 1,541 sq. ft. City of West Palm Beach $ 3.00 1,573 sq. ft. Cit~ of Jupiter $ 3.09 2,651 sq. ft. City of Wilton Manors $ 3.00 3,460 sq, ft. Cit~ of Kissimmee $ 2.00 NIA City of Winter Garden $ 4.00 4,077 sq. ft. Ci~ of Lake Mary $ 3.00 4,376 sq. ff. City of Winter Park $ 3.60 2,324 sq. ft. City of Lake Worth $ 2.25 1,748 sq. ft. City of Winter Springs $ 2,04 2,123 sq. ft. CitY of Largo $ 2.00 ' 2,257 sq. ft. Dade County $ 2.50 1,548 sq. ft. Cit~ of Leesburg $ 3.00 2,000 sq. ft. Hillsborough County $ 1.00 N/A Cit~ of Longwo0d $ 3.00 2,898 sq. ft. Leon County $ 1.67 2,723 sq. ff. City of Margate $ 1.79 2,382 sq. ft. Sarasota County Utility $ 5.83 3,153 sq. ft. City of Medley $ 2.50 N/Al Town of Bay Harbor Island $ 2.50 1,568 sq. ft. CitY of Miami $ 3.50 1,191 sq. ft. Town of Surfside NIA City of M ami Beach $ 2.50 N/A Village of El Portal N/A city of Miami Shores $ 2.50 N/A Village of Key Biscayne $ 7.50 N/A City of Miami Springs $ 29.44 I Acre (res.) Volusia County $ 2.50 2,067 sq. ft. ' I City of Mount Dora I $ 3.00 N/A Compiled by the Flodda Association of Stormwater Utilities. Please FAX revisions to FASU at 850/222-4124 or e-mail to kspitzer@fasu.org. MEMORANDUM OFFICE OF THE ASSISTANT CITY MANAGER TO: Kerry L. Willis, City Manager FROM: Dale S. Sugerman, Assistant City Manager DATE: October 7, 1998 SUBJECT: Report on NPDES Compliance Thank you for giving me the opportunity to attend the 1998 International Public Works Congress & Exposition this past month. There were quite a few excellent sessions and the exposition was an opportunity to see the latest in public wOrks and utilities hardware and software. Probably the biggest reason for my attendance was to take advantage of a "sneak preview" workshop sponsored by the American Public Works Association and the U.S. EPA dealing with the subject of the Phase II implementation of the National Pollutant Discharge Elimination System (NPDES) regulations. This was an excellent workshop and worth the price of the entire tdp in and of itself. Just as a quick refresher, NPDES regulations have been put into place by the U.S. EPA to insure that local governments are taking a comprehensive approach to controlling stormwater runoff. Uncontrolled stormwater runoff is ruining this nation's lakes, rivers and streams. Contamination is in many forms, but quite often we think of it as farm chemicals, lawn fertilizers, automobile road-way drippings, etc. When natural rain falls on the ground and the street surfaces, it picks up these vadous contaminants. The contaminated rain then runs into the lakes, rivers and streams, working its way through the ground and ruining our drinking water at the source. The U.S. EPA (with local regulation being provided by the individual states) is trying its best to protect all of our future ddnking water resources. The U.S. EPA's method of protecting our drinking water resources is to implement stormwater runoff regulations on local communities. They are doing this regulation through a series of permits; permits to operate water and wastewater treatment plants. If cities want to be in the business of running water and wastewater treatment plants, they need a permit to do so from the EPA (or the state agency implementing the EPA regulations). Since the City of Boynton Beach has both a water and a (regional) wastewater plant, and since we have a permit to operate those plants, then EPA has a way to regulate us. The regulatory permit is known as the NPDES permit. Our current permit was issued on December 13, 1996, with an effective date of February 1, 1997. The City's current NPDES permit is set to expire December 31, 2001. 1998 CI~-Y MANAGER'S OFFICE In March of 1999, the U.S. EPA will be issuing new NPDES regulations. The City of Boynton Beach will be responSible for complying with those regulations. Although the regulations will not be final until March of 1999, we did get this .."sneak preview" of the regulations at the APWA meeting in September. Below, I have highlighted for you what we can expect in the new regulations: Some The main theme of the new permit will be for permittees to "reduce d/scharge of po//utants from a regu/ated system to the max/mum extent poss/b/e." The City of Boynton Beach will be designated a "Phase I1" community (thus needing to comply with the March 1999 regulations) due to its population and density. Partnering and shadng between governmental agencies will be strongly encouraged (which is what we are doing on the wastewater side with the City of Delray Beach). [] Schedule of Implementation: * Federal Rules Issued: March 1, 1999. * State Rules Issued: March 1, 2000 * New Permits Issued: March 1, 2002 The' City's program has to be fully in place and all of our tasks have to be completed within 5 years of the issuance of the first permit. Since the first permit should ,be issued on 311102, we will have to be in full. compliance by 311/07. We will receive a 5 year permit. If we are not in full compliance by 3/1107, then we run the risk of losing our permit to operate our water and wastewater plants. of the specifics of our compliance include: [] We must implement a public education program. [] We must meet all notice requirements. [] We must develop a set of comprehensive storm water system maps. [] We must proactively detect and prohibit illegal discharges. [] We must inform all of our customers of illegal discharge hazards. [] We must develop a program of discharge enforcement for all construction sites within the utilities service area of I acre or larger (former regulations called for sites of 5 acres or larger). [] We must develop a program of discharge enforcement for all new developments and redevelopment (regardless of size). [] We must develop and implement infrastructure operations and maintenance practices and training for our utility employees. [] We must set up an evaluation process for program compliance. [] We must keep records on hand for 3 year increments, with the submission of 1 year, annual reports. Needless to say, the new NPDES regulations are going to force us to develop a much more comprehensive approach to our stormwater utility. We will no longer be able to get by with our water or wastewater or public works crews doing some, or a portion of our stormwater work. We will actually have to dedicate full-time employees to this portion of our utility system. This will also include the need for detailed recordkeeping. The good news is that we do have some time to accomplish all of this in order to be in compliance after March 1, 1999. Although we will not receive this new permit until the year 2002, and our first measurement pedod is not until 2007, it would not hurt us to get this process started now. To that end, I would like to suggest that we meet with the City Commission in a workshop setting either before the end of the current quarter, or shortly after the first of the new year. We have some specific stormwater projects that we need to talk about, but we also need to advise them of the upcoming NPDES regulations and our obligations to meet those requirements in the near future. Although the current utility system does have a component part for the stormwater function, it does not have an appropriate rate in place to support the stormwater function. Our biggest hurdle will be to put into place an adequate rate to help us meet our new NPDES permit requirements. Overall, our best approach might be to head in the direction of a Master Plan Update. The utility system does have a Master Plan which was written in 1992, and it has partially been updated to include the downtown areas. However, a ,city-wide comprehensive approach to master planning for stormwater control is something that will get us well on our way toward compliance with the new NPDES regulations. As always, I would be happy to answer any specific questions you might have on this matter, or anything else related to the Utility operations. Dale S. Sugerman Assistant City Manager cc: John Guidry, Utilities Director My name is Thomas McGow. Two years ago I purchased a house at 945 Le Grace Circle in the Boynton Beach subdivision of Costa Bells. When I purchased this home the seller did not disclose that the house had been flooded in the past. It is possible, based on the fact that the seller had only owned the house for a short time, that he was unaware of previous flooding in our house and the surrounding are~ At the time I purchased my home the only other house on the cul-de-sac was 935 Le Grace Circle, located directly next door to the east. This house was built about the same time as my home and is of the same or slightly lower elevation. In order to obtain the mortgage for our home we were required to purchase flood insurance. We were not overly concerned by this as we had previously owned another home for which we were ~equired to have flood insurance coverage and were never flooded. Unfortunately, I was entirely unaware aware of the repeated flooding problems that existed at Le Grace Circle. Considering the financial, personal and emotional investment we made in this house and continue to make, we would never have purchased this home had we known of the existing flooding problems of this area. At about the same time as I purchased my home, Risely Development began construction of additional homes on Le Grace Circle as well as in the adjacent cul-de-sac, Carlee Circle. I was concerned by the additional elevation that the lots were being filled to, but did not realize the significance of this until November 5t~ and 6t~ of 1998. The renmants of tropical storm Mirth produced enough rain that the drainage system was overwhelmed. As a result my house was flooded and my family was placed in danger by the more than chest high watersthat flooded Le Grace Circle. While flood insurance helped with the damage to my house I nonetheless incurred over $2000.00 in losses not covered. Subsequent the flooding caused by tropical storm M. itch I learned the following facts: 2. 3. 4. 5. The City of Boynton Beach was fully aware of the flooding in this area from at least one previous event during which my house and 935 Le Grace Circle were flooded. The City of Boynton Beach had reduced the size of the retention pond between Le Grace Circle and Carlee Circle and installed an out-flow pipe to a nearby canal. Du~ng Tropical Storm Mitch, employees of the City of Boynton Beach witnessed water "back flowing" from the canal into the retention pond. The City of Boynton Beach had dumped fill on the empty lot directly to the east of Le Grace Circle, raising the elevation of that area. Despite the construction of more homes in the area and the resulting negative impact on area's drainage, which further exacerbated the existing problems, neither the City of Boynton Beach nor Ristey Development was making any improvements to the storm water management in the neighborhood. After the flood I contacted the City of Boynton Beach by letter and was told that the City could not be held responsible for any of the damage or the cause of the flooding in the area. Some time after that myself and several of my neighbors attended a City of Boynton Beach Storm Water Commission workshop. We'were allowed to voice our concerns and were assured that the problem was a "top priority". At the meeting I asked the board members to please contact me so I could show them my concerns in the neighborhood. No one from the City, other than Mark Law, has ever contacted us or shown the slightest concern after the meeting. During the meeting Mr. Law agreed that butting some sort of back flow prevention on the outflow pipe from the retention pond would be looked into. Months later Mark Law informed me during a conversation that '~hey decided not to put a back flow prevention device on the outflow pipe because it was impractical". I asked Mr. Law why had had not bothered to contact any of us who live in the neighborhood about this decision. He admitted that he "should have", he also admitted that he had discussed it with Bill Risley of Risley Development. On Thursday, October 14~ 1999 rain from Hurricane Irene started to fall in the area. That afternoon I was summoned home by a cai1 from my wife stating that the house was about to flood again. I arrived home to find Mr. Law and a crew furiously pumping water from Le Grace Circle into the field to the east. The retention pond was full and it was clear that the outflow pipe was again inadequate for the volume of water the reduced retention pond was collecting. That afternoon the flooding of 945 and 935 Le Grace Circle was narrowly avoided only by pumping water to the field. The following Friday night my home and 935 flooded as the City was unable to pump water into the field due to it being full. The retention pond was unable to contain the water and the outflow pipe was woefully inadequate to even begin to handle the water. The timing of this event is vitally important. The flooding of Le Grace Circle reached a critical stage well before the significant rainfall of Irene impacted the are~ At the scene on Thursday Mr. Law was as surprised as I was at the rapid flooding of the area. Once again my family was put in harm's way and I have suffered financial loss. The time for a tack of action on my part has passed and I fervently hope that the City of Boynton has also decided to take action. I request that the City of Boynton Beach respond to the following items: Reducing the size of the retention pond between Carlee and Le Grace Circles as well as the installation of the outflow pipe have proven to be either causal or contributing factors to the flooding of the area. In effect the city of Boynton Beach has diminished the ability of the area to cope with storm water while at the same time allowing construction of new homes. The building site that was produced when the retention pond was filled must not be developed and the retention pond must be returned to its original size. It is plainly obvious that the actions the City has taken so hr have been ineffective to the point of negligence. This is an aerial photogr.aph of the area taken May 14t~ 1996 that clearly shows the retention pond's original size. The City of Boynton Beach must not allow any additional filling or construction in the field east of Le Grace Circle until corrective action has been taken in the area and the residents of the area are provided with the storm water management plans for the area. Provide to the residents of the area plans for the correction of the water management problems the City has knowingly allowed to occur. As a homeowner in it is my desire that my home hold its value. As a husband and father it is also my desire that my family live in a safe neighborhood. Your actions have afforded me neither. I wish to work together to resolve this situation. I encourage you to contact me at your earliest convenience. It is also my responsibility to inform you that if the City of Boynton Beach continues its reckless course of action and permits any further development of either the lot where the retention pond was filled or the field east of Lc Grace Circle without improvemnts to the storm water management system in the area I will file suit against the City of Boynton Beach, and the delevopers of those properties. Total Street Length Inventoried = 490,500 ft.