DRAINAGE
The City of
Boynton Beach
OFFICE OF THE CITY MANAGER
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
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DEPARTMmT OF DEVELOPMENT I
To:
Quintus Greene, Development Director
From:
Kurt Bressner, City Manager
Date:
October 13, 2000
Subject:
Attached Letters from Mr. and Mrs. Killian - 642 Riveria Drive
As a follow-up to my voice mail message to you on October 12 requesting that Don
Johnson prepare a letter to the Killians outlining an appropriate and cost-effective means
of complying with the pool barrier requirement, the attached letters arrived yesterday as
well. As I indicated, my site visit to the Killians on October II th was to verify the
condition of the barrier and to observe an encroachment onto the barrier by the builder of
the house to the east.
Condition of Barrier: The finished side of the fence/barrier is to the inside and th~ outside
area adjacent to the pool was observed to have open horizontal and vertical timbers that
could be used as a ladder into the Killians' pool. However, the barrier extends to the
front ofthe Killians' house. The Killians have asked specifically if the corrective work to
the outside of the barrier can extend from the SE comer oftheir lot to the north edge of
the pool. Keep in mind that there is an interior barrier around the pool that ties back into
the barrier. The Killians have requested written permission from the City to effect the
repair to the barrier from the SE Comer of the lot to approximately five feet north ofthe
edge. As to the repair of the barrier to make it comply with the current City Code, the
Killians have requested specific instructions on what the City will or will not accept in
terms of materials and application of the materials. I conveyed this in my voice mail to
you yesterday.
Encroachment onto Killians' Property by Builder of House to the East: I observed that a
2 X 12 piece oflumber was affixed to the bottom of the Killians' fence. The Killians
advised me that the builder of the house installed this lumber on their fence after they
advised the builder not to do so. Based on my observation, the placement of the 2 x 12
will complicate the Killians' compliance with our directive to modify the barrier. Was
there any specific direction by the City to the builder ofthe house to the east (Chris) to
install this timber? The Killians have requested that the timber be removed. As a
practical matter, the timber does serve as a temporary barrier for dirt and sediment from
going onto the Killians' property. This leads to the third and most important element of
the issue.
Resolution of Drainage problems caused by the new house: What steps will be taken by
the City to assure the Killians and the owner of the house to the east of the new house that
run-off from the house and lot being constructed on will not cause problems? The
Killians have requested an answer to this question, in writing.
Quintus, I realize that you and I inherited this problem but the issue is now on our watch
and our responsibility to resolve professionally and amicably. I have been out to see the
Killians personally four times in effort to help them. Each visit I have been met with the
respect and courtesy that they expect from the neighbor.
Thank you.
Kurt Bressner
Follow-up 10/20/00
Page 2
America's Gateway to the Gulfstream
October 10, 2000
642 Riviera Drive
Boynton Beach, Florida 33435
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
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RE: Letter #1 of2 Drainage Problem-642 Riviera Drive
Dear Mr. Bressner,
The purpose of this letter is to put into writing for documentation purposes what has transpired between the
City of Boynton and us from October 2"", 2000 through October 9"', 2000.
First and foremost, Mike & I want to thank you for coming to our house on Monday, Oct. 2, 2000 to once
again discuss the continuous problem we are having with drainage. As well as your attentiveness to the
events that have followed regarding fence issue which will be further explained later in this letter.
When we met with you at our house for the first time in April, 2000 we explained that we were receiving
the run off water from Snug Harbor and from the property under construction adjacent to the east ofus.
You inspected our property, the property next door and then drove around to Snug Harbor and inspected it
from their side.
At the time, we were taking steps to hopefully address the problem with Snug Harbor ourselves. We
purchased corrugated seawall material and lumber and installed it on the south side of the property. The
seawall material was set vertically, three feet in the ground, equal length in and out of the ground. It was
fastened with 2x4 pressure treated lumber on both sides of the top. We brought in 18 yards of fill and
graded the back yard using a transit level to set grade for drainage to the street.
At the time of your visit in April, 2000 I gave you a packet containing the whole history of this ordeal:
letters (sent & received), a newspaper article, and notes of several phone calls back and forth.
I have been in contact with the City since February of 1999...20 months with no results.
At the end of that meeting you stated that you would look into the two matters with the departments under
whose jurisdiction they fell.
We never received any response from the City regarding Snug Harbor or the property under construction to
the east.
We continued to fix our yard.
In August 2000 when the threat of a hurricane was near I called you again for the sarne reasons and also to
notify the City that the roof tiles had not been set on the house next door and that they had been sitting
there for months.. . literally! You called back and left a message on our answer machine telling us that you
had referred the matter to Mr. Greene. Mr. Greene called and said he would look into it. We did not
receive any further contact but thankfully the storm dissipated and the tiles were eventually set.
The problem with the run off from the construction site continues and continues. Every time we have a
strong rain the water and sand run down off the pad and flow into our property and pool.
The City of Boynton Beach has permitted the construction of a structure with a base elevation of7.4' next
to a house (ours) that has a ground elevation of 5.7' with apparently no legal requirement for drainage. This
is a difference of 1.7'.
Monday, October 2, 2000 when you carne out you again surveyed the back and side yard and saw the work
that we have done to try to address the drainage problem from Snug Harbor. You asked if we had run the
sea wall material 00 the east side and I said no. If the City has allowed a house to be built at this elevation
then it is the City's responsibility to ensure that the surrounding properties are not adversely affected by the
new construction. It is my understanding that it is a state law (SBCCI-Land Development) that one property
cannot be altered to the detriment of another.
We have been working for 20 months trying to get help from the City to resolve this problem. During this
time we have spoken and/or corresponded with at least 29 people (19 from the City) namely:
Linda-Permits (phone 02/17/99)
Sebastian Puda-Engineering (phone 02/18/99)
Bob Donovan-Permits Department (phone 02/99)
Mike Hage-Building Department (phone 02/99)
Glenn Steg-Building Department (phone 02/99)
Mark Law-Storm Drains (phone 02/26/99 & 03/01/99)
Don Johnson-Building Official (phone 02/99, letter 10/18/99 & cc on letter from N. Byrne 12/14/99)
Ken Hall-Building Department (phone & visit 10/15/99))
Franz-Building Department (visit 10/15/99) (phone call 12/23/99, no call back)
Scott Blaisie-Code Enforcement (phone 10/15/99 & letter to 10/18/99)
Pete Roy-Code Enforcement (visit 10/15 & 10/18/99)
Skip-Code Enforcement (visit 10/18/99)
Gerald Broening-Mayor (letter to 10/18/99)
Wilfred Hawkins-Acting Interim City Manager (at the time)(letter to 1O/18/99)(letter from 10/21/99)
Ron Weiland-City Commissioner (several phooe calls & visits throughout)
Julia Lacy-South Florida Water Management District (e-mail, phooe calls 11-12/99 & letter from 12/13/99
w/cc to N. Byrne)
Nancy Byrne-Acting Director of Development(at time)(letter to 10/18/99, letter from 12/14/99 w/ cc to D.
Johnson, J. Casler, & 1. Cherot) (phone 12/23/99, 12/29/99)
Ken Mudd, South Florida Water Management District (visit & photos 11/99)
Jack Casler-Gee & Jensoo Engineers, Consulting City Engineer (visit 10/22/99) & (cc on letter from N.
Byrne 12/14/99)
James A. Cherof, City Attorney (letter to 10/18/99) & (cc on letter from N. Byrne 12/14/99)
Scott Mesmore-Boynton Times Newspaper (visit & photos 10/16/99, story 10/27/99)
George Rodgers-Building Inspector, City of Delray Beach (phooe 12/28/99 reo SBCCI rules)
Bob McTeague, President, RPM General Contractors (visit 10/23/99)
Christopher Huth- Registered Land Surveyor (phone 12/27/99, surveyed 03/30/99, added elevations of
adjacent properties 01/18/00)
Quintus Greene-Director of Development (phone 08/00, visit to property-I went out to meet him 10/02/00)
F. Martin Perry-Attorney at Law
Palm Beach County Engineering-Repo processing Department-(visit 12/30/99)
Norm Howard-Palm Beach County Engineering (visit 12/30/99 to review USGS Quad Sheets)
T. Eric Stafford, Southern Building Code Congress International-Engineer/Codes (e-mail 12/29/99 &
01107/00)
2
We have gone to great lengths and expense to try to correct as much of the problem to the south of us as we
can. We are not engineers and when I asked Ms. Byrnes when I spoke with her on December 29th if a city
engineer could help us she declined.
Mike has spoken with the neighbor to the east at least three times discussing the problem. The neighbor
has come over to our backyard and seen the damage to the pool. Mike bas asked him to dig down the fill to
stop the water from coming into our property. The owner did clear out a narrow path one time about twelve
inches wide next to our fence which as you can see is all grown up with weeds and filled back in.
At this time we again respectfullv reauest that the oroperty under construction to the east of us be reuuired
by the City of Bovnton to immediatelv contain and drain its own water run offlroof & ground). while under
construction and permanentlv.
Please provide us with a written response within 14 days of this letter.
Photos and videos ofthis problem are available upon request.
-
4Z~~
~ /l~
MikeE~
Candace N. Killian
CERTIFIED MAIL
Cc: Quintus Greene ,/
James Cheroff
3
642 Riviera Drive
Boynton Beach, FI33435
RE: Letter #2 of2 Fence-642 Riviera Drive
Mr. Kurt Bressner, City Manager
City of Boynton Beach
] 00 E. Boynton Beach Boulevard
Boynton Beach, PI 33425-0310
October 9, 2000
Dear Mr. Bressner,
On Monday, October 2"d, 2000 I called your office regarding the continuous drainage problems we have
been dealing with for the past twenty months. You promptly came out to our house and after inspecting the
property stated that you would have Quintus Greene and Don Johnson, Director of Development and
Building Official, respectively come out to the property.
That afternoon I saw a van with two men in it park in front of the house to the east of us. One was taking
pictures and the other spoke with the owner. Neither of them carne to my house to speak with me. I did go
out and introduced myself to Mr. Greene, though.
Tuesday, October 3'd, 2000 in the early afternoon, City Inspector, Glenn Steg came to our house and
presented us with a violation notice regarding our fence on the east side of the property.
Out of sheer frustration I contacted Commissioner Weiland and asked him ifhe could please look into this
for us since we keep running into brick walls every single time we try get help. The response he received
regarding this notice was that it was in no a way a retaliation for complaining about the drainage.
I find that very interesting in view of the fact that the fence has been up for fifteen months and no one has
mentioned it ever.. .not any city official, not the owner of the property.
We had a fence previous to our pool construction (which was permitted on 03/03/92 and installed by
Bulldog Fence Co.) That fence had to be taken down to allow for the construction of the pool. We were
told that we could not receive the final inspection until a fence was up and that we could not put water in
the pool until a fence was up. We also were told that we could not put back up the same fence because it
was only 4' high and the rule was that you had to have a minimum of a 5' fence around a pool. Therefore,
we built the fence.
City inspectors were in and out ofhere throughout the construction ofthe pool as well as around the
property next door throughout its construction and no one said a word.
Now, I am to believe that this citation is just 'out ofthe blue', not a retaliation for constantly complaining
about the drainage?
Mr. Bressner, I appreciate what you have tried to do for us but I am sincerely frustrated and angry with the
attitude of the City of Boynton.
It seems to me we have paid for the cost of this violation ten times over by just the pure hard cost of
repairing our back yard without the help of anyone from the City.
Chapter 2....On Friday, October 6'" 2000 Mike was approached by Chris(the property owner and
contractor for the house to the east). They conversed about the drainage problem and Chris told Mike that
the city officials told him he would have to hire an engineer for a drainage plan.
This issue of the fence violation came up and Chris stated that Mr. Johnson had asked him if the fence was
permitted. Chris stated that he didn't think sO...or didn't know.
Chris' proposal to Mike was that he put a pressure treated 2 x 12 on the fence with a silt cloth to correct the
problem. Mike specifically stated that he didn't want anything on our fence. Mike made it clear that he
was not in favor of this remedy and suggested the seawall material we had used in the back, where we
bought it, and how much it cost.
Mike told him that on Saturday, September 30th's rain the sand and water went into the pool again and
turned the pool green.
Mike asked Chris for some drawings of this proposed drainage plan.
The conversation lasted about fifteen minutes.
That afternoon around 4:30 when Mike came home he noticed that 2 x 12 pressure treated lumber with a
silt liner had been attached to our fence the entire length of the fence approximately eight hours after they
had discussed the problem.
That fence is inside our property line, how can he build something on a fence that does not belong to him
and is outside of his property line?
Chapter 3...Monday, October 9th, Commissioner Weiland came by the house to give us the copy of the
ordinances that you had requested from the Building Department regarding the fence.
After speaking with him briefly, I called your office and left a message. You called back promptly. I
explained the whole story oflhe fence, again, as I had with Commissioner Weiland. We discussed the
issue at length and you told me you would look into it further and call me back.
You called back shortly after and stated that you had done more research and although you needed further
clarification it was a possibility that our fence was built before the ordinance was enacted.
At the point of this letter we are waiting to hear.
In closing, I would just like say that it seems absolutely asinine, that after begging for help from the City
for twenty months and receiving no help with our drainage problem that the City cites us for a fence
violation fifteen months after it has been installed!
Furthermore, it seems doubly asinine that there are no rules (or until now there have been no rules)
regarding drainage in the City and residences have no recourse to deal with constant flooding and drainage
problems but a fence is a major point of contention! Go figure...
Thank you Mr. Bressner for hearing us out and trying to help us. We realize that your responsibilities are
many and sincerely appreciate the time you are taking to personally help us resolve this.
Sincerely, ~ ~~
~~/;~
Mike E~lian
Candace N. Killian
CERTIFIED MAIL j
CC: Quintus Greene
James A. Cherof
Bressner, Kurt
To:
Subject:
Greene, Quintus; Guidry, John
642 Riviera Drive
Quintus and John,
Yesterday I met with Mr. and Mrs. Michael Killian (Mike and Candace) concerning drainage problems they have been
having with the parcel to the south (Snug Harbor) and the new house to the east at 644 Riviera Dr.
1. Do we have any engineering plans for Snug Harbor in our archives. In looking at the buildings, I estimate they were
constructed in the 1970s. The only drainage system I could see was a driveway system with two inlets one at the west
and east end of the project (John G.)
2. The Killians wish to have a copy of the grading plan for the house under construction at 644. I did get a copy of the
Killian's survey which shows a finished floor eievation of 7.03' for their property. The elevation of the house to the east
looks like it is at ieast 9 or 10 foot high. The side yard setback on the west side of 644 is pretty narrow and the runoff from
the new house could cause problems for the Killians. What is the status of the completion of the house? What steps can
be taken to see to it that the grades for the west side yard of the new house is moderated to minimize run-off on to the
Killian's property? I'd appreciate two sets of the grading plan for 644 and comments from your staff as to how to minimize
the drainage problems. (Quintus)
I will forward a copy of the boundary survey for 642 via inter-office mail.
Thanks,
Kurt
[i)ffiU"U~
lnJ MAY - 8 tron LJ i
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DEP~ RTr,1ENT OF DEVEL.Or'.~E
1
---_.,,-----'--_._-~---_._---- ---,_.....
Haag, Mike
From: Greene, Quintus
Sent: Friday, May 05, 20004:09 PM
To: Haag, Mike
Subject: FW: 642 Riviera Drive
Mike-
Do we have the pains for the house at 644 Riviera Drive? If so, please have your staff respond to
Kurt's request and let me know the outcome. Thanx.
QG
-----Original Message--.-
From: Bressner, Kurt
Sent: Friday. May 05,20003:12 PM
To: Greene, Quintus; Guidry, John
Subject: 642 Riviera Drive
Quintus and John,
Yesterday J met with Mr. and Mrs. Michael Killian (Mike and Candace) concerning drainage
problems they have been having with the parcel to the south (Snug Harbor) and the new house to
the east at 644 Riviera Dr.
1. Do we have any engineering plans for Snug Harbor in our archives. In looking at the
buildings, I estimate they were constructed in the 1970s. The only drainage system I could see
was a driveway system with two inlets one at the west and east end of the project. (John G.)
2. The Killians wish to have a copy of the grading plan for the house under construction at 644.
did get a copy of the Killian's survey which shows a finished floor elevation of 7.03' for their
property. The elevation of the house to the east looks like it is at least 9 or 10 foot high. The side
yard setback on the west side of 644 is pretty narrow and the runoff from the new house couid
cause problems for the Killians. What is the status of the completion of the house? What steps
can be taken to see to it that the grades for the west side yard of the new house is moderated to
minimize run-off on to the Killian's property? J'd appreciate two sets of the grading plan for 644
and comments from your staff as to how to minimize the drainage problems. (Quintus)
I will forward a copy of the boundary survey for 642 via inter-office mail.
Thanks,
Kurt
J~QtJ
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Haag, Mike
From: Greene, Quintus
Sent: Friday, May 05, 2000 4:
To: Haag, Mike
Subject: FW: 642 Riviera Drive
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Mike -
Do we have the pains for the hous 1I4 Riviera Drive?
Kurt's request and let me know the outcome, Thanx.
QG
--Original Message-
From: Bressner, Kurt
Sent: Friday. May 05,20003:12 PM
To: Greene, Quintus; Guidry, John
Subject: 642 Riviera Drive
Quintus and John,
If so, please have your staff respond to
Yesterday I met with Mr. and Mrs. Michael Killian (Mike and Candace) concerning drainage
problems they have been having with the parcel to the south (Snug Harbor) and the new house to
the east at 644 Riviera Dr.
1. Do we have any engineering plans for Snug Harbor in our archives. In looking at the
buildings, I estimate they were constructed in the 1970s. The only drainage system I could see
was a driveway system with two inlets one at the west and east end of the project. (John G.)
2. The Killians wish to have a copy of the grading plan for the house under construction at 644.
did get a copy of the Killian's survey which shows a finished floor eievation of 7.03' for their
property. The elevation of the house to the east iooks like it is at least 9 or 10 foot high. The side
yard setback on the west side of 644 is pretty narrow and the runoff from the new house could
cause problems for the Killians. What is the status of the completion of the house? What steps
can be taken to see to it that the grades for the west side yard of the new house is moderated to
minimize run-off on to the Killian's property? I'd appreciate two sets of the grading plan for 644
and comments from your staff as to how to minimize the drainage problems. (Quintus)
I will forward a copy of the boundary survey for 642 via inter-office mail.
Thanks,
Kurt
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DEPARTMENT OF DEVELOPMENT
Building
Planning &. Zoning
Engineering
Occupational Ucenses
Community R_veIopment
December 14,1999
Mr. & Mrs. Mike Killian
642 Riviera Drive
Boynton Beach, FL 33435
Dear Mr. & Mrs. Killian;
We continue to take an interest in your situation, and I wanted to keep you informed of the
latest efforts on the part of the City.
In addition to the site visit made to your residence following Hurricane Irene by our Building
Official, Don Johnson and Consulting City Engineer Jack Casler, the City Attomey, Jim
Cherof, has also reviewed your case and visited the site.
! (
Based upon on-site inspections of your property and the surrounding properties, the City is of
the opinion that the stormwater damage you have described is likely attributable to elevation
changes made to the adjacent properties. Enforcement of State and local building codes
requires developers to comply with FEMA minimum flood elevation standards for new
construction. This would pertain to both the Snug Harbor Condominium project built in 1988
and the new construction site at 644 Riviera Drive. The different times of construction create
different criteria for development, such as minimum flood elevations. The continued increase
in building standards over time, while necessary to achieve the desired outcome of less flood
prone properties, unfortunately often results in older properties, such as yours constructed in
1959, ultimately becoming the low spot in the neighborhood.
While the City has permitted the sites adjacent to your property, the City has neither designed
nor installed drainage facilities that altered the drainage conditions around your property nor
any.vhere in the neighborhood. Complicated by a reduction of permeable area in your rear
yard due to the additional work you did around your pool, Hurricane Irene, a 100-year storm
event, provided a worst case scenario. The City Attomey advises that your recourse is
against the adjacent property owner(s), not the City.
Please do not hesitate to let me know if we can be of further assistance to you in this matter.
:(;~~,y, lV7fl'J--
Nancy B mea . _
Acting i ector of Development
xc:
Don Johnson, Building Official
Jack Casler, Consulting City Engineer
James A. Cherof, City Attomey
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd, P.O. Bo, 310 Boynton Beach, Florida 3342~310 Phone: (561) 742~50 Fax: (561) 74~57
~"\,"M",,C
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SOUTH FWRIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8BOO . FL WATS 1-800-432-2045 . TDD (561) 697-2574
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . wwv.:sfwmd.gov
CON 24-06
December 13, 1999
DEe 14
Mrs. Candace N. Killian
642 Riviera Drive
Boynton Beach, FL 33435
Subject:
Investigation of Runoff from Adjacent Property - Palm Beach County, T50/R411S17
Dear Mrs. Killian:
This letter is in response to your request for an investigation of runoff from an adjacent property, which was
dated November 27,1999. According to the information received, a house is being constructed on the
adjacent property and a condominium complex exists to the rear, both of which are currently draining to
your property.
Ken Mudd, of our office, has visited the site and informed me of the situation, as well as provided me with
photographs of the area. I have since spoken with representatives of the City of Boynton Beach at length to
ascertain what progress is being made on the complaint. According to the official I spoke with, Jack Casler,
City Engineer, and Nancy Byrnes, Director of Development, are very familiar with your circumstances and
have been working towards a solution. Since construction on private residential lots is outside the District's
jurisdiction, the City has requested that you contact them at any time with your questions or concerns at
(561)742-6351.
It was my pleasure to assist you and please feel free to contact me should you have any other questions at
(561) 682-6860.
lia M. Lacy, P.E.
Senior Engineer
Environmental Resource Compliance Division
JMLlj I
cc: City of Boynton Beach - Nancy Byrnes, Director of Development
GoVERNING BOARD
EXECUTIVE OFFICE
Michael Collins, Chainnan
Michael D. Minton, Vice Chairman
Mitchell W. Berger
Vera M. Carter
Gerardo B. Fernandez
Patrick J. Gleason
Nicolas J. Gutierrez, Jr.
Harkley R. Thornton
Trudi K. Williams
Frank R. Finch, P.E., Executive Director
James E. Blount, ChiefafStaff
-_._._---~._-~-_._-~-~-------,---_._._--_._-~_._-
Berman, Susan
From: Sugerman, Dale
Sent: Friday, November 05, 1999 8:26 AM
To: Hawkins, Wilfred
Cc: Byrne, Nancy; Cherof, James
Subject: Drainage Complaint- 642 Riviera Drive
Wilfred-
Just an FYI re: the complaint letter from Mr. Killian of 642 Riviera Drive.
Yesterday, Jim Cherof, Nancy Byrne and I met to discuss this situation. Jim helped
us to realize that the City has no obligation nor liability in Mr. Killian's case. This is
a problem that all of the adjacent property owners will need to work out amongst
themselves.
We also toured the site to reinforce in our minds that the City has no responsibility
to solve this problem. Our site visit helped us to confirm that Mr. Killian will have to
work out a settlement with his neighbors.
Jim will be drafting a base letter to explain the situation to Mr. Killian from a legal
perspective (helping to outline why the City is not responsible). Nancy and I will
then be adding to the letter in an attempt to help Mr. Killian with his discussions
(negotiations) with his adjacent neighbors.
We'll be sure to share a copy of our final communication to Mr. Killian with you as
soon as it is competed.
Dale
November 22, 1999
Jim Cherof, Dale Sugerman, Nancy Byrne
Was this letter ever done?
Joyce
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. BD 99-242
TO:
Jack Casler, Acting City Engineer
Don Johnson, Building OffiCi~
October 26, 1999
FROM:
DATE:
SUBJECT:
DRAINAGE PROBLEMS
642 Riviera Dr.
Per your request after our visit to the above address concerning their complaint letter I would like
to offer the following:
1. A thorough search of our land files for that address has revealed that no permits nor
inspections have been secured for the Killian's large concrete patio on the S.W. side of
the Killians home.
2. Grading of the rear yard since the patio has been constructed does not allow water to flow
from his rear yard to the front swale areas at the roadway.
3. Construction of the new home to the east of this address is only at the tie-beam stage of
construction. Very little sheet flow or erosion occurred onto the Killlian's property
during the hurricane as was evident from our site visit. As I previously ensured Mrs.
Killian by phone that we will require the developer of the new home to her east to
properly grade his lot to retain his storm water on his property.
If! can be of further assistance, please do not hesitate to call.
DJ:sd
XC: Nancy Bryne, Acting Director of Development
Mike Haag, Deputy Building Official
Marshall Souther
Glen Steg
Bud Gall.
J:\SHRDA T A\Development\Building-6870\Docurnents\Memos in Word\Drainage Problems Riviera Dr..doc
--~-""-'-"-~--~--
Boynton Beach
City Manager's Office
Memorandum
To:
Jim Cherof
Nancy Byrne
Dale Sugerman
Wilfred J. Hawkins -,"1'jJ'
, ' '
Interim City Manger'
22
From:
Date:
October 21, 1999
Re:
Letter from Mike E. Killian
Attached is a letter from Mike E. Killian @ 642 Riviera Drive regarding drainage
problems. Please investigate collectively and provide me with your
recommendation by October 26th on how to respond and/or resolve his problems.
Thank you.
W JH:jc
Attachment
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October 18, 1999
City of Boynton Beach
PO Box 310
Boynton Beach, FL 334425-0310
'" 2 0 ; '",',
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RE: 642 Riviera Drive
Drainage Problems
To Whom It May Concern:
I've spoken with so many people I don't know who to address this letter to. So I
will just recap the whole story and send it to all that have been involved in hopes
that between the various departments at the City of Boynton someone will help
us to resolve this problem.
In February of 1999 the vacant lot to the east of us began to be prepared for
construction. Around the same time we decided to build a swimming pool in our
back yard.
Throughout the 11 years that we have lived here we have always received a lot
of run off water from Snug Harbor Condominium which adjoins our property on
the south side due to the fact that their property slopes to drain into ours. Their
elevation is approximately 2-3' higher than ours. The only saving grace to this
drainage problem was that the lot to the east of us was vacant with very low
elevation...lower than ours thus helping to capture some of the water. Also we
did not have a swimming pool and the standing water in our back yard would
eventually subside.
As the pad to the new construction next door was being prepared it became
frighteningly clear that drainage was going to be a major problem. The elevation
of the pad sits at least 2-3' higher than our base elevation.
In February and March I called the City and spoke with the following people in
various departments:
Linda (Permits Dept.)
Sebastian Puda
Bob Donovan
Mike Hage
Glenn Steg
Mark Law
Don Johnson
I explained my concern over and over again. I started with Linda in Permits
questioning the elevation of the proposed construction next door. I spoke with
Sebatian Puda in Engineering the next day. He told me to call him when the
walls and trusses were up and that they (Engineering) would go out to the site
before final inspection to be sure that drainage was contained by swale, retaining
wall or engineering letter regarding percolation. He referred me to Bob Donovan,
Supervisor in Permits Department to discuss the elevation. Mr. Donovan referred
me to Mike Hage. Mr. Hage said he would pull the plans and review them.
Finally, I spoke with Mr. Johnson over the speakerphone with others in his office.
He reiterated what Mr. Puda had said about a drainage inspection to be
performed after the walls and trusses were up. He assured me that he was
aware of my concern and at that time and not sooner they would address the
issue. According to Mr. Johnson in the Building Department nothing could be
done before that point in construction.
That was how the issue was left...with assurances.
I did speak with Mark Law in Storm Drains. He said I could write a letter to Snug
Harbor requesting them to install gutters on their buildings. I did not pursue that
course of action since I did not have any documentation from the City that could
support my request.
As we began our pool construction we took into account the existing drainage
problems from Snug Harbor and the potential drainage problem from the
construction to the east of us by building a pool with a 12" beam along the east
and south side of the pool. We also built up the ground beyond the pool deck to
serve as blockage to keep the water from coming onto our property.
Thursday, October 14th (before Hurricane Irene) as the rains came; the water
running off of the two properties to the east and south of us flooded our back
yard, our porch and our swimming pool. Our pool is now filled and overflowing
with muddy water.
I called the City for help. I called Mark Law's office first. He wasn't in. I
explained my story and was transferred to the City Clerk's office. I explained my
story and was transferred to Denise in the Building Department. I explained my
story and was transferred to Ken Hall in Engineering. I explained my story and
he listened.
Ken Hall and Franz(sp?) came out to our house around noon and looked over the
situation. They said that they would research and check out what could be done
about both situations. (The property to the east being addressed pOSSibly by the
Building Department and the property to the south pOSSibly by Code
Enforcement. )
My husband and I showed them pictures that have been taken over the years
showing the difference in elevation between Snug Harbor and our property. And
the situation to the east is obvious to anyone with eyes. We also showed them
videotape we had taken the previous day.
Ken suggested that I call Scott Blasie in Code Enforcement regarding Snug
Harbor.
As soon as they left I contacted Mr. Blaise and again explained my story. He
sent an inspector, Pete Roy out within an hour's time.
Mr. Roy was very attentive and showed great concern for our problem. He took
pictures and said he would look into the codes to see if there was a violation of
any code on the part of Snug Harbor.
Mr. Roy and another Code Enforcement Officer, Skip came to our house this
morning to inform me that there is nothing 'on the books' that could be
construed as a violation on the part of Snug Harbor. Mr. Roy said he would talk
with Mark Law.
My contention is that this situation should have never been allowed to happen.
How could the City of Boynton have ever allowed the construction of Snug
Harbor to be completed without verification that all drainage was contained onto
their property? How did the contractor get by with sloping the grade to just
allow the water to run down into adjacent properties where homes were already
built? Why weren't retaining walls or swales required along the northern
boundary?
Regarding the construction to the east, why is it that the Building Department
only requires a drainage inspection when walls and trusses go up? The run off
from the pad is a problem to the adjoining property owner's from the time the
pad is established!
I understand that FEMA sets the minimum elevation requirements for new
construction. But doesn't the City of Boynton have an obligation to all residences
to make sure they are not adversely affected by new construction. Doesn't the
Building Department take into account adjacent properties when reviewing site
plans? Why did our property have to become the drain field for two newer
projects? Why are the older homes just disregarded as new construction comes
in?
To permanently resolve this problem we are requesting that retaining walls be
built on the two adjoining properties now to prevent further flooding to our
property .
The labor and cost to correct this problem should not be borne by us. Our house
has been here the longest and should not be singled out to sustain physical
damage caused by new construction. Nor should we, the homeowners have to
suffer financially for the lack of planning/foresight on the part of the building
department to correct a problem that should have never been allowed to
happen.
I tried to bring this problem to the attention of the city officials beginning in
February. Everyone passed the buck, gave empty assurances and now we are
left with a huge mess to clean up.
Throughout this ordeal we have spoken with Permits, Building, Code
Enforcement, Engineering & Storm Drains Departments of the City of Boynton
Beach. Will someone please take ownership of this situation and help us?
We respectfully request a response within 10 days of this letter.
Sincerely .' .
.-'l"--7;,g, z: -7~'~,
~~~-Y{dft)<''7YLLc.,e ;>'-'
Mike E.'r;.iIIian .
Candace N. Killian
Cc: Honorable Mayor Gerald Broening
Wilfred Hawkins, Acting Interim City Manager
Ron Weiland, City Commissioner
Scott Blasie, Administrator of Code Enforcement
Pete Roy, Code Enforcement
.....-'Nancy Byrne, Acting Director of Development
Don Johnson, Building Official
Ken Hall, Engineering
James Cheroff, City Attorney
Notes: Drainage problems-February & March, 1999
In February os the empty lot to the east of us began to prepare for construction and we
decided to build a swimming pool we became acutely aware that there was going to
be a substantial problem with drainage.
February 1~, 1999: CoIled the City of Boynton, spoke with Linda regarding the
elevation of the new construction next door. She said she would check into it and call
me back.
February 18'\ 1999: CoIled the Engineering department and spoke with Sebastian
Puda (742-6282).
Explained my concern. He told me to call him after the walls and trusses went up. He
said that Engineering would go out before the final inspection to verify that the
drainage is contained by swale, retaining wall or an engineering letter regarding
percolation.
He referred me to Bob Donovan(742-6360) 0 supervisor in the permit department to
discuss the elevation...explained my concern...he transferred me to Mike Hage(742-
6352). I told him my concerns, he said he would pull the plans and we could come in
on Friday to review the elevation.
(
Dote? Spoke with Don Johnson & Bob Donovan regarding the plans. They assured
me that they would see to it that my concern with the drainage issue would be 0
priority with them when they got to that stage of construction. Mr. Johnson
personally assured me he would follow through on this.
Regarding the drainage problem coming from Snug Harbor I was referred to Mark
Law in Storm Drains Dept....spoke with him on February 26"'. He said he would call
me on March 1st.
March 1st, spoke with Mark Low...he suggested that I write 0 letter to the
Homeowner's Association requesting them to put in gutters on their buildings.
(
r-----.--.-------
Notes: Beginning October 15, 1999 - City of Boynton
Friday. October 15th: Met with Ken Hall and Franz@ 12:00 p.m. regarding flooding
in the back yard.
They went out and observed the flooded back yard and pool filled with dirty water.
Franz climbed on chair by the beam of the pool to look over the fence to see Snug
Harbor.
Their suggestion was for Snug Harbor to put in 0 swale running east/west.
There was discussion as to whether the property to the east could be required to install
a swale prior to the standard requirement of prior to C.O.
Franz told Mike that he would check the elevation of Snug Harbor.
They said they would look up the codes for me and call me to pick it up at city hall.
I was told to call Scott Blasie at Code Enforcement @742-6121 regarding Snug Harbor
possibly having a code violation for drainage.
Franz said they needed all of the elevations of all the adjoining properties, Mike
showed him our survey.
(
I called Code Enforcement as soon as they left. Spoke with Scott Blasie. Explained
situation. He said he would send an inspector out between 1-2p.m. today.
I told him the names of all of the people I have spoken with at the city in Februaty and
March and that no one would come out to look. Pete Roy, Code Enforcement came
out promptly.
Called Scott Mesmore at the Boynton Times. He & photographer to come Saturday,
October 1~ at 12.
Called Palm Beach Post, spoke with Shannon....she said to call her back after city had
corne out.
Called Ron Weiland (City Commisioner) in the morning. He came by to look at the
mess. Told me to call him after the Engineering Department had come out. Gave me
the name of Nancy Byrnes, Acting Building Director(?)
Mondav. October ISth: Pete Roy, Code Enforcement and Skip came out to the house
to tell me that they could not find any code violation on the part of Snug Harbor.
Thursdav. October 21": Wrote letter to Snug Harbor....see file
l
Friday. October 22nd: Don Johnson, Building Official and Jack Casler, Consulting
Engineer for the city came to the house unannounced(before noon)....Mike was at
home. Mike showed them the back yard where the water had funneled under the
fence. There is a electrical transformer with a small retaining wall that contributed to
the water being funneled in under the fence. The retaining wall leans toward our
property also. Mr. Johnson and Mr. Casler walked around and reviewed the
situation...they commented that we had things in the yard that were obstructing the
1
runoff. Mike told him that our property can percolate its own water but not the water
from Snug Harbor. They did not comment. They left.
Saturday. October 23'd 'Spoke with Bob MeT. (friend and General Contractor) at St.
Mark Dance.oohe told me to contact South Florida Water Management District.
Boynton Times...October 27"'00.Scott Messmore ran a story on our pool with picture.
November ?? E-mailed SFWMD sometime in Novemberoo.received a call back from
Ken Muddoo.he had come out to the property when I wasn't home and looked around
...he called and discussed what the criteria would be for SFWMD to have jurisdiction.
He said they only starting the permitting process in the 1980's and only on praperties
over 40 acres. He told me to find out when Snug Harbor was built and to see if we
could find the drainage plan for it.
Received a letter dated December 130h from SFWMD...see file
Received a letter dated December 140h from City of Boynton Beach...see file. 00 they
state that our recourse is against the adjacent property owners....not the city.
(
Sometime between October 21" and Deeember....I was made aware by a friend that
the City of Boynton met with Snug Harbor Board of Directors.. oonever heard any
response from Snug Harbor or the city. Officially I'm not even supposed to know that
there was a meeting scheduled.
Have seen city officials from time to time come down the strcet....stop and walk
around Chris's(east) property in the baek....walked across the street, Nancy's old
house and looked at our house and motioning with their hand the height
differences....they never came to our house.
December 23'd: Called Nancy Byrnes, Director of Development, Franz
Lafontante,(sp?) Engineering Inspector and Julia M. Lacy, Senior Engineer of
SFWMD....1eft messages...as of December 280h no one had called back.
December 23,d , a person within the City who has requested to remain anonymous
suggested that I call the city of Delray and ask for a copy of the South Florida
Standard Building Code for information about drainage codes...the person felt it was
best for us to try to get it from Delroy since I would have to go through the Building
Department at the Ciry of Boynton and that they might not be cooperative in giving
out that information. ..he said this off the record and asked not to be quoted on
anything he told me.
(
December 28oh, I spoke with George R., Building Inspector with the City of Delroy and
friend of ours. They use the Southern Building Code Congress International. I asked
him if there is a code that pertains to drainage of water having to be contained onto
each property owner's property. ..he said yes, it would be in the Land Development
2
Regulations and that it is a state law.. .He said he would look it up for me and get me
a copy.
December 23,d, Called Martin Perry, Attorney...got his name through Two
George's.. ..heard from different sources that he had represented the Two George's in
something regarding the city....Bob B. asked someone from the Two George's when
he was there who there attorney was...they gave him a tear-off of a letter or
something with his name, address and phone number....! called Mr. Perry and he
called back..J explained our situation and he said he would call us on January3'd.
He said we would need historical aerial pictures of the area prior to development and
probably a civil engineer to figure out what has to be done to correct the problem.
December 27th: I e-mailed the property appraisers office asking about aerial photos,
also will check with Historical society and the libraty.
December 2r: Spoke with Chris and Cathy H. regarding a civil engineer... they'll
call back. (Chris is a friend and surveyor...he surveyed our house for the pool
construction.)
(
December 29th: Went out to dinner with Dan and Debbie.. .Dan told us that after
Snug Harbor was completed...don't know how long....but Building H(?) residences
had to move out because the building was sinking/settling...pilings had to be driven
through people's living rooms ...this is a side note but may have bearing to indicate
that other things 'slipped by' during the construction of this project. Also Dan had
picked up some aerial photos at a yard sale when a real estate office closed...we went
to his storage garage at Bal Moral and picked up the books and went back to their
house to look. The photos were too recent but we did get the Township, Section and
Range information that I needed in order to have Repo-processing get a picture for
me.
December 29th: Nancy Byrne from the city returned my phone call from December
23'd. I wanted to discuss the letter she had sent me regarding the City's response to our
letter.
(
1. What did they mean bv additional work around the DOol? According to Ms.
Byrnes Mr. Johnson had stated that there were unpermitted structures which
allowed less area to drain...Ms. Byrne did state that it would not have made any
difference in a storm like Irene though. She did not specify what the unpermitted
structure was....it could be the kid's play house which is on wood posts and sits 12-
18" above the ground. There is lattice work around the base. The screened porch
is not unpermitted....it was built in 1975 with a permit. It is now considered a pre-
existing non-conforming structure because the setback requirements have changed
from 15 feet to 2S feet. There is a concrete patio we extended from what existed
3
there when we moved in. There is no roof or structure on it. I don't know if this is
considered unpermitted...??
2. EnQineerina InsDection: I discussed with Ms. Byrne that I was told by Sebastian
Puda in the Engineering Department in February (February 18"') that Engineering
would perform a percolation inspection when the walls and trusses went up...Ms.
Byrne stated that they would not perform a percolation inspection until there was
a finished grade right around the time he puts in his landscaping. She referred me
to John Guidry 742-6401 who is the Engineering Interim Director. I asked if they
could/would enforce/require a retaining wall. She said no, that he could put in a
swale. I told her that his base is so much higher that ours that he would have to
pile dirt up against our fence in order to contain the water in his yard. She said he
could not touch our fence if it was inside our property line, which it is. I then said
in that case he'd have to dig a ditch if his elevation has to be equal to ours at the
fence, she said he may have to. I also gave her the addresses of two properties on
the next street, 649 Castilla(across from Dan & Debbie) and 638 Castilla, new
construction next door to Dan & Debbie...both houses have retaining walls. 649
with concrete block and 638 with railroad tics. We went round and round on this
one but she would not even indicate that they would watch this construction
closely, or note the file...nothing...
3. I asked about the City's meetina with Snu9 Harbor: I told her that I had heard
from someone that the City had a meeting with Snug Harbor. She told me that
that meeting was canceled because in researching the codes, they found that Snug
Harbor had met the code requirements at that time and there were no code
violations.
4. I asked for help as to how we correct this problem. She told me that the City's
Engineer would not be able to help uS...we would have to find an independent
engineer.
December 30"': Went to P B County Engineering-Repo-processing Department to
get 2 historical aerial photos of area Township 45, Range 43, Section 27...1965 &
1968. Went upstairs to another department to review USGS Quad Sheets to determine
elevation of area prior to development. Spoke with Norm Howard. He showed me
the maps from 1967, the elevation was 5' ...could not get copies though.
Tanuarv 3. 2000: Julia Lacy, Senior Engineer with SFWMD returned my call from
December 23,d.
(
She offered a lot of information to help me research and was very helpful. I have to
find out when Snug Harbor was built in order to find out if it fell within the
jurisdiction of SFWMD. She said if the property is less that 10 acres and has less than
2 acres of impervious area that they would fall into a 'no-notice' category but would
have still been required to follow the rules of SFWMD.
4
(
She gave me the names of some people who might be able to help:
Engineering-Land Development: Ken Rogers, his secretary...Elaine 684-4081 and
also George Webb to help determine if they had jurisdiction.
Her information shows Snug Harbor was built in 1981.
She told me now in the Internet to get copies of the rules and regulations. She told me
to look up 4OE-014, 4OE-41, 40E-400....she said there would be a heading of Envir.
Resource which would restate the rules in 'layman's terms...J haven't been able to
find that yet. I did download the three rules she gave me but they are too difficult for
me to decipher.
She said the properry should have been constructed in such a way that they do not
detrimentally affect surrounding areas...
She told me that I need to find out the size of the total property and the size of the
other areas....sidewalks, parking lot...etc.(2 acres is the magic number)
(
\,
She also said that at the time Snug Harbor was built they were changing over from
16K Rules to 40E Rules. The 16K Rules are dated September of 1981.
If I wanted a copy of the 16K Rules I could have to come up to their office on Gun
Club Road and see Daria Rogers 682-6911 (2nd floor) and asked for the 16K Rule
Volume 1, and the 40E Rules, Volume #3, Chronology Documents.
She told me to go to the city and look at the site development plans for Snug Harbor
and that there should be a translation of the size of the acreage and the impervious
area on site plans. ..also drainage, utilities and grading should be on that plan.
December 29m, e-mailed Southern Building Code Congress International regarding
our problem...
(
January "?': Received e-mail response from SBCCI...informing me that I have to be a
member to receive written interpretations from stafL.but Eric Stafford did offer some
insight ...He quoted" the International Property Maintenance Code, Section 507
states that "drainage of roofs and paved areas, yards and courts and other open areas
on the premises shall not be discharged in a manner that creates a public nuisance."
The International Plumbing code, Section 1101.2 states that "all roofs, paved areas,
yards, courts and courtyards shall drain into a separate storm sewer system, or a
combined sewer system, or to an approved place of disposal. For one-and two-family
dwellings, and where approved, storm water is permitted to discharge onto flat areas,
such as streets or lawns, provided that the storm water flows away from the building."
However, to be enforceable, local jurisdictions have to have adopted these codes."
5
Called Susan to see if Lee had a copy of the plumbing codes.
January 10th she called...she has the 1994 SBCCI Standard Plumbing Code
January 10th: Mike went by her office and picked up the book.
January 12'h & 13"': Wrote letters to Mr. Perry, Julia Lacy & Scott Messmore.
January 13th: Called City of Boynton to inquire as to how I would go about viewing
the site plans for Snug Harbor. I called Planning & Zoning first, they transferred me
to Engineering. I was told they'd look to see what they had and that I might try the
Building Department also.
(,
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Pool pollution
By Scott Messmore
TIMES STAFF
The Killians live in a three-
lJedroom house on Riviera
Drive just lJehind the Snug
Harbor complex, Last July
they finished bUilding a
$30,000 pool in their lJack
yard. They spent more than
the average amount lJecause
they had to lJuild nine pylons
underneath it to SUpport it
due to the soft ground. They
also IJrought in 100 culJic
yards of soil to lJulk up their
backyard, but it still didn't
stop the flOWing water.
Candy Killian said the city
;:
I
~
.~
Even before Hurricane
Irene dumped 18 inches of
rain on Boynton Beach, Candy
and Mike Killian were having
flooding problems of their
own.
Instead of a crystal-deal;
blue water pool, the Killians
have dirty brown water run.
ning into their pool. ^ video
tape of last Thursday's rain
storm shows brown streaks of
mud flOWing into the pool.
Factor, Direct
2"Wooil Blinds
Plantation Shutters
.,
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* Lifetime Warranl)'
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155 Spanish River Blvd.Boca Raton 1.800.952.870
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needs to improve drainage
along the street and build a
retaining wall behind Snug
Harbor to keep torrents of
water from hitting the neigh.
borhood every time it rains.
"It's not the cesspool for the
rest of the street... she said.
The Killians say they spent
extra money to build a con.
crete berm between the pool
and the Snug Harbor commu.
nity to keep out the water: She
said the city approved their
plan to build a pool in their
backyard which had to be
done Jast summer since a
"There's nothing we
can do about Snug
Harbor.
Peter Roy
house was being built next
door: The Killians say the new
house will only make a bad sit.
uation worse since the house's
concrete base is several feet
higher due to FEMA direc-
tives.
City code compliance
inspector Peter Roy said the
city code only addresses water
runoff drains in parking lots,
i not in commercial develop.
i ments like Snug Harbor: Snug
~ Harbor was built roughly 20
years ago and Roy said he did-
n't know whether the issue of
drainage was examined at
See POOL on Pa!ll 26
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214 N E_ 3td Slreel
Boynlon Beach, Fl33435
(Ma,I'''9 AQOress)
(407) 738.0987 310 S IN 1 SI Avenue
Boynlon Bea:n FL 33435
SKETCH OF BOUNDARY SURVEY
FOR' nLLlA".
SCALE' ,.. = 20'
PJWI'FRTY ADDRESC;: 642 Riviera Drive Boynton Beach. Florida 1 V.) r)
LF:r.AI. DESCRlPTION: Lot 5, LEE MANOR ISLES, according to the plat
thereof, 8S recorded in Plst Book 24, on Page 21] of the Public
Rp.cords of Pl\lm Beach County, Florida; said lends situate, lying
and beinl! in Boynton Beach. Palm Beach County. Florida.
I PLATo13 TH AVE'
RIVIERA DRIVE 50' RIGHT OF W A Y
IlU.T MIAS_lUG
POtKl..... I"tUCl NIL
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BUlL ! R. K.. 6 PA 1:1 ';/~
NAnONAL. FLOOD INSURANCE PROGRAM LEGEND CERTIFICATE
FIDoOZone: :\ 'i ASP" ......._........ lhereuyc.nilYlhalt"'''!lacneclskeICI'IOr'..,..,.YOllnll'Ol.'VtllMIl.C,woproPtlrly
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FOUND 112" IRON ROO
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ELEVATIONS
MogheSl Fll'Iia.hed Floor:
loweslFinishMlFtoor:
t"bghest Ad!aC4nl GrJlde:
L.Ql.ilivinl! area
6 nO ('''''''"n.,)
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SURVEYOR'S NOTES
TtUI ,urv.y II bilsed on II'III.gal o.~ion prov~tlyt"" chent orclien'~
r~...nlal_
Ang.., ancllO,b..r;ngl 'hown a.. per record. VIal
Landi shown hereon were n01 atrlldld lor rlght.of.way atldlor ....ment.
01 record
No e.cavallonl per10rmecllo _.."'*- bele.- oround .nero.ach,..nIJ
elevatlOnl 'Ilown I'I8reon are bI....... on N.Q.V.D.. 11129
UPDATES 8nd/or REVISIONS
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DATE
1-IS-".o
Joe_
Fe
PO
FILE
I
t;k - lAd- e,uer,'cdx
TO:
:':":: 9'Ji~
Nov. 12,1999
FROM:
DATE:
RE:
Drainage Problem at 642 Riviera Dr.
Mike and Candace Killian
Hurricane Irene of Oct 14-16 caused many concerns by people of the City. Among those were the
KilIians of 642 Riviera Dr. I received a letter from them dated Oct 18th, voicing their concerns and efforts
in trying to get some answers. Don Johnson and I went to visit the KilIians on Fri Oct. 215' so we could
see, first hand, the situation as viewed by the Killians.
There was a difference in elevation from the KilIians house and the house under construction to
the east. The new construction is at a higher elevation. To the south is Snug Harbor, which looks higher.
With the difference in elevation and adding in an "Act of God" creating a lOa-year storm, there is no
wonder that flooding occurred at the Killian residence.
The newly constructed pool in their backyard and the non-permitted concrete patio add to the
problems. Don Johnson did research on the patio as to a permit, and no permit was issued. These
additions to the backyard reduce the retention and restrict the ability to provide surface drainage to the
front.
The Killian residence was CO'd in 1959 and the first unit in Snug Harbor was CO'd in 1971. The
structure to the east of the KilIians will probably be CO'd in 1999 or early 2000. The different times of
construction create different criteria for development, such as minimum flood elevations. The Snug
Harbor development adds to the run-off with the paved area and roof drainage discharging onto the paved
areas.
Consideration of all these facts show that when the rain reaches the amount it has from Irene there
will be flooding. As these existing conditions have been allowed by the City, our hands are tied. One
possible solution would be to have Snug Harbor create a rear yard retaining wall and a backyard wall.
I do not know what the bottom line is for the City.
Cc: Don Johnson
Mike Haag
Ken Hall
Frantz LaFontant
C:\My Documents\the killians.doc
MEMORANDUM
TO:
Nancy Byrne, Interim Director of Development
FROM:
James A. Cherof, City Attorney
RE:
Drainage issue
DATE:
November 11, 1999
When you work up a letter to the homeowner, I suggest the following
language be included:
"The City Attorney has reviewed your correspondence and has made an
on-site inspection of your property and the surround properties. He is of the opinion that
the stormwater damage you have described is likely attributable to elevation changes
made to the adjacent property. The City has neither designed nor installed drainage
facilities that altered the drainage conditions around your property. He has further
advised that your recourse is against the adjacent property owner, not the City."
JAC/lmh
900182
MEMO
BYRNE-mem02
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DEPARTMENT OF DEVELOPMENT
TO:
FROM:
DATE:
RE:
CC:
File - Killian Residence 642 Riviera Drive
Nancy Byrne, Acting Director of Development j ~
December 29, 1999
PHONE CONVERSATION, 12/29/1999 4:15 P.M.
John Guidry, Interim Engineering Director
I returned a call to Candice Killian re: clarification of letter sent 12/14/99. Mrs. Killian requested clarification
on the letter's reference to "a reduction of permeable area". I explained to Mrs. Killian that during their site
visit, Don Johnson, Building Official, and Jack Casler, Consulting Civil Engineer, noted that the patio area had
been increased, a play house and other structures had been constructed without permits, thus reducing the
permeable land for standing water to dissipate. ClarifYing that these structures would not have had a great
impact on a storm the size of Hurricane Irene, I defined what "permeable area" was.
Mrs. Killian then questioned the City's procedure for assuring that water would be retained on the new
construction site adjacent to her property. I explained that the City's Engineering Field Inspector would visit
the site once the General Contractor completes the final grade, to assure that the water flows to the street or is
retained within the property boundaries. Mrs. Killian wanted to know if the City would require a retention wall.
I explained that he would be allowed to construct a swale type drainage system, and unless that proved
inadequate, would not be forced to incur the expense of constructing a retainage wall along her property
boundary. She then asked if he would be allowed to construct the swale mound along her fence, (in effect
allowing the dirt to be place directly against the wood.) I reassured her that he would remain on the property
boundary and not intrude on the setback area from her property line to the fence. She stated that several other
neighborhoods in her area with new construction had retaining walls added to assure proper on-site retention. I
again stated that the City had no method by which to force the builder to put up a retaining wall. She mentioned
that she had spoken with the builder and felt they had an amicable relationship. I encouraged her to continue to
communicate directly with him about her concerns.
Mrs. Killian then questioned the City's permitting of Snug Harbor. I explained that according to the City
Attorney, the property was constructed in accordance with the Building Codes and Ordinances of the time,
(1980), and that the City had no recourse to force them to come to current building standards. She wanted to
know why this was the case, in that her property has become the low point due to it's age. I explained that this
was a problem throughout Southern Florida, not one particular to Boynton Beach. She wanted to know why
there was no consideration of the drainage effect of new construction on existing sites, and I explained that
Countywide, the only drainage that is examined is that of the actual permit site, which is required to retain or
properly shed to the swale area, it's own water. She then stated that she had contacted Snug Harbor, but
received no response. I told her that at this time, it was a private matter, and the City would not involve itself in
her dispute with that Association.
She then requested a visit from the City Engineer to discuss how she might better prepare her property against
water shed from Snug Harbor. I informed her that the City does not provide engineering consulting services for
privately held parcels, and told her that she would need to use an independent engineer to obtian that type of
certified plan. She wanted to know who she should contact in the Engineering Department to follow-up on the
progress of inspecting the adjacent construction site. She mentioned Jack Casler, and I asked her not to contact
him directly, but to focus her communications to the Department through the Interim Director, John Guidry.
- -------...------ ---- ---- --._--._-_._--.~._._----_..._-. ----