The City of Boynton Beach presents Kinder-Gentler Stormwater Management
Today s Presenters James A. Cherof, City Attorney Paul M. Fleming, Senior Project Manager Dale S. Sugerman, Assistant City Manager
The City of Boynton Beach
City of Boynton Beach Statistics YEAR CITY POPULATION SERVICE AREA 1990 46,284 60,000 (est.) 2000 60,389 85,000 (est.) 2003 63,755 96,197 (est.)
The Boynton Beach Service Area and Project Area Maps are depicted on the mounted boards
City of Boynton Beach Form of Government Commission-Manager Four Commissioners elected from districts Mayor elected at large Term limits (2 three-year terms)
The Need for a Stormwater Utility Historically, City Hall got: - Complaint calls of drainage and flooding problems from citizens. - Citizens attending City Commission meetings complaining about flooding. - Staff responding that we didn t have the manpower or the equipment to do anything significant in response to the complaints.
The Need for a Stormwater Utility The Utility system had limited resources. Stormwater complaints handled by the wastewater collection crew. But only when they could get to it. No dedicated stormwater staff. No dedicated funding source to handle large-scale stormwater issues in our community.
Why the Attorney is Here! To help answer the question: Can a City be held liable for flooding damages that result from negligent maintenance of a storm sewer pump system the City constructed? OF COURSE!
The Major Case Slemp v. City of North Miami Supreme Court of Florida 545 so. 2d. 256 1989
Slemp v. City of North Miami City installed a storm water pump system to counter periodic flooding. Private property was damaged by flooding after a rainstorm event. City held liable for tortious act arising out of operational level activity. Not an issue of duty to protect individual property owners from flooding due to natural causes.
Outfall of Slemp v. City of North Miami Once a City has undertaken to provide such protection, by building a storm sewer pump system, for example, it assumes the responsibility to do so with reasonable care. Case is a departure from earlier holdings that indicated that cities had no duty arising from control of surface water absence intention of diversion or failure to maintain the drainage system.
Here s The Free Legal Advice The General Rule Cities have no sovereign immunity from liability for operational activities. Exceptions to the General Rule Proximate cause of damage is still a question of fact.
Here s The Free Legal Advice Example of an Exception An extraordinary rain event, well beyond the amount for which the system was designed. How is the Exception Established? At trial
Other Legal Issues to Think About Federal Mandates. NPDES Requirements.
The Need for a Stormwater Utility City always had a $1.00/ERU Stormwater Fee. We maintained a few pieces of equipment and made a few minimal repairs. Wastewater Collection Crew did the work. Staff asked the City Commission to adopt a formal stormwater utility. The Commission authorized a Stormwater Master Plan (which was an update of the shelved 1992 plan). The update was completed in 1999.
The Birth of a Stormwater Utility The City Commission accepted the recommendation of the Master Plan and voted for the creation of a new Stormwater Utility. The mandate to the staff was to follow the written Master plan update. The new Utility could charge $6.00 per ERU (1,937 s.f. equivalent).
The Birth of a Stormwater Utility The Utility had to clearly identify current system inadequacies and establish a priority list. It had to significantly reduce poor drainage in older neighborhoods. Had to insure the meeting of minimum water quality treatment (NPDES) standards. Had to promote aquifer recharge. Had to be cost effective and efficient.
The Utilities Department Actually Gives Birth to the Stormwater Division The priority list of projects was established in May of 2001. The new ERU rate of $6.00 went on the utility bill beginning in October of 2001. How much does a $6.00 ERU raise in Boynton Beach each month?
$320,000.00 HOW MUCH PER YEAR? $3,850,000.00 And of course, you know what happened next!
CITY HALL AND THE CITY COMMISSION MEETINGS WERE STORMED WITH PROTESTERS
EVERYONE WAITS FOR SOMETHING TO REALLY HAPPEN We begin the design of projects. Survey work is completed. Some land is acquired. We begin to bid the projects out. Some construction is about to get underway. City had been collecting the new fees, but no one was seeing anything being built.
THE PLOT THICKENS One of our Commission members decided that he was going to run for the Statehouse. Part of his campaign strategy was to hold community meetings to hear from citizens exactly what was on their mind. He asked the Utilities Department staff to come to three different meetings held throughout the community, listening to citizens identify for us their stormwater problems and complaints.
WE BEGAN TO LEARN SOME LESSONS Residents have a very good handle on what their specific drainage problems are (better than staff or any consultant might have). There were some significant drainage/flooding problems in many parts of the City. Some of these we were never aware of. Some of the best insight comes from the people who live with it, not the people who are responsible for it or who design to change it.
OUR FIRST PROJECT The Costa Bella Neighborhood Drainage Improvements 3 Community Involvement Meetings Property acquisition for stormwater pond 7 structures/inlets with app. 3,000 lf conveyance piping
OUR SECOND PROJECT Industrial Avenue Corridor Infrastructure Improvements 4 Community Involvement Meetings Property acquisition for 4.1 acre stormwater pond 61 structures/inlets, app. 4,000 lf of exfiltration & 2,500 lf of conveyance piping; 3,500 lf of new water mains; changed traffic flow, provided on street parking and completed roadway reconstruction
CONSTRUCTION BEGINS BUT THE PLOT THICKENS MORE We began our first construction project (Costa Bella neighborhood), but it had taken so long to get to this point, and we had collected a lot of money without actually finishing any projects. The Commissioner who was running for the Statehouse therefore said let s lower the ERU rate from $6.00 to $5.00. And the City Commission did just that.
IMPACT ON REVENUES With the City Commission approved reduction in the ERU rate to $5.00, our monthly collections have been reduced to $260,000 (from $320,000) But that s still a lot of money! And interestingly, the City Commissioner lost his race for the Statehouse.
THE PROJECT LIST TAKES OFF We are following the City Commission priority list. It includes: Seacrest Estates Swale Improvements ($1mm) Industrial Avenue Corridor Infrastructure Improvements ($2.66mm) Central Seacrest Corridor WM & SW Improvements ($8.4mm) NE 17 TH Avenue WM & SW Improvements ($2MM) INCA WM & SW Improvements ($3.8mm) Downtown Watershed Phase 2 of 3 ($3.1mm) Twenty Outfalls ($500k)
AND SO, WHAT MAKES THE CITY OF BOYNTON BEACH S APPROACH SO DIFFERENT?
THE BOYNTON BEACH APPROACH Community Involvement Meetings (CIM) at 30% design. Community Involvement Meeting follow-up at 90% design. A neighborhood newsletter published with a set schedule and basic project information. Paul s business card liberally distributed. Paul and Felix (our inspector) constantly being seen on the street.
THE BOYNTON BEACH APPROACH These are not just stormwater projects. We offer full amenity neighborhood packages, including: Relocation of water meters from back to front. New water and sewer mains if called for. Concrete sidewalks and driveway aprons. Park amenities if we re doing stormwater retention. New roadway reconstruction/overlay, signage, lighting and surface features/restoration/replacement.
THE BOYNTON BEACH APPROACH KEY INGREDIENTS We insist on a partnership concept with our Design Professionals. Good multi-discipline designs. Provide great amenities (aggressively spend all of the ERU money and even some of the water and sewer R & R money!) Treat each customer s property like the improve- ments were for our moms and dads place. Help our contractor(s) to understand what we are trying to accomplish and how they are going to help us accomplish it.
RELATIONSHIPS WITH OUR DESIGN PROFESSIONALS Task order driven based upon a General Services contract let under the CCNA. Partnership concept with a long-term commitment. Cross pollination between design teams. End-of of-project Post Mortem. Design/bid/build. Design/build. Construction Manager at Risk.
STATUS OF CURRENT PROJECTS All projects to date have: - come in on time. - come in under budget. - have had minimal complaints from our customers. WHY?
BECAUSE We listen to our customers. We give them what they want (within reason.) We deliver on time. We deliver what we promise. If we can t deliver what we promise, we let them know and we work out an alternative. We always treat them all like they were our moms and dads.
THE ONLY THING YOU NEED TO LEAVE WITH TODAY IS HOW TO REACH US: Jim Cherof 954-771 771-4500 Jcherof@cityatty.com. Paul Fleming 561-742 742-6487 Flemingp@ci.boynton-beach.fl.us beach.fl.us. Dale Sugerman 561-742 742-6456 Sugermand@ci.boynton-beach.fl.us beach.fl.us
THANK YOU WE D BE HAPPY TO ANSWER ANY OF YOUR QUESTIONS