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04-01-08 Item 2aPUBLIC WORKS AND ENGINEERING DEPARTMENT J R City of South Miami MEMORANDUM 4795 SW 75TH AVENUE SOUTH MIAMI, FLORIDA 33155 305/663 -6350 FAX 668 -7208 To: W. Ajibola Balogun, City Manager From: Jose Olivo, P.E. Engineering & Construction Ops. Mgr. Subject: Miami Dade County Environmental Quality Control Board (EQCB) Hearing Meeting. Time Extension for Compliance with County Code Section 24- 43.3(2)(q) City of South Miami Date: March 27, 2008 cc: File The City Manager, City Attorney and the Manager of Engineering and Construction Department on behalf of the City of South Miami residents, participated in the public hearing meeting held on March 13, 2008 by the Miami -Dade County EQCB for the above referenced subject. To our satisfaction , the Miami -Dade County EQCB ruled in favor that the City of South Miami residents receive an additional three (3) year extension of time to comply with the above referenced county code section. Per my phone conversation with Ms. Mirna Leal from the office of the Miami Dade County EQCB, the City of South Miami should receive a copy of the fully executed EQCB board order within thirty (30) days. Attached please find a copy of the Letter of Intent from the City of South Miami, EQCB Agenda, and Pre - hearing Memorandum from EQCB staff as well as the draft notice to residents prepared by the City of South Miami for distribution. Should you have any questions, please feel free to contact me at 305- 663 -6350. Thank you. END OF MEMO of SOU INCOPPOPANO 1927 �tOR19 Yvonne Soler - McKinley City Manager January 30, 2008 6130 Sunset Drive South Miami, Florida 33143 -5093 Tel: (305) 668 -2510 - Fax: (305) 663 -6345 E -Mail: YMcKinley @cityofsouthmiami.net Mr. Carlos Espinosa, P.E., Secretary Miami -Dade County Department of Environmental Resources Management Environmental Quality Control Board 701 N.W. 1St Ct. Second Floor Miami, Florida 33136 Reference: Letter of Intent - Application for Time Extension To comply with Section 24 -12 (2) (q) of Miami -Dade County Code City of South Miami Water Distribution Master Plan Dear Mr. Espinosa: The intent of this letter is to seek relief from the County Code Section 24 -12 (2) (q), which states, "When an approved public water main is made available and operative in a public right of way or easement abutting the property, any existing individual potable water system, device or equipment shall, within ninety (90) days, be abandoned and the source of potable water for the residence or building shall be from the approved water supply main." In June of 2002, the Miami -Dade County Environmental Quality Control Board in accordance with County Code Section 24 -48 granted certain residents of the City of South Miami a five (5) year time extension to connect to completed watermain projects that abut properties located in Phase IA and Phase 1B areas of City's Water Distribution Master Plan. Since then it is with great satisfaction to inform that the City of South Miami was successful . in securing state and federal funds, which were used to complete additional watermain improvement projects throughout the City, and thus providing potable water to areas where water was not available as a public service to our residents. Consequently, with the majority of City watermain projects completed and accepted, the City will now continue to seek additional funding to accomplish the next objective, which will be to upgrade the size of substandard watermains per each Phase of the Water Distribution Master Plan and provide residents with adequate water pressure and fire protection. Attached is an updated Water Distribution Master Plan which delineates and identifies Phases IA, 113, 2, 3, 4, 5 and 6 as those areas in need of watermain improvements. South Miami All-America City Page 1 of 2 2001 The City currently has water service account records available from the Miami -Dade County Water and Sewer Department (WASD), which show that residents continue to connect to the completed watermain projects as shown in the attached "November 2005- January 2008 Water Service Accounts Map ". However, there are a number of residents in Phases IA and 1B areas of the Water Distribution Master Plan, which properties abut completed and accepted watermains and have not been able to connect, because of the significant financial hardship. The costs associated with the new water service connection and well water abandonment were previously estimated at an average of $44,000.00 per home, not including any additional plumbing costs needed in the interior of the home. As we enter into this year, the average costs for water service connections may well exceed $5,000.00. Therefore, it has become difficult for residents to incur such costs while still recovering from the substantial increase in the cost of living, such as the rising cost of insurance premiums, fuel prices, basic essential goods and services, and health care insurance, as well as other economic adversities such as hurricane disaster recovery and preparedness. This application, made by the City of South Miami on behalf of the Class of City residents and property owners affected by the water distribution system, is for an extension of time for compliance with the said 90 day requirement. More specifically, the City of South Miami requests consideration by the Board of a Class Extension of time for compliance with Section 24 -12 (2) (q), deferring compliance until: "5 (five) years for all completed projects to date and 5 (five) years following projects completion and an additional 2 (two) years extension beyond the 5 (five) years on an individual basis based on presented hardship." The extension is requested as a Class rather than individual action as a matter of practicability because of the common nature of the problem that the affected properties tend to share and the relatively large number of properties involved. Thank you for your continued assistance to the residents of the City of South Miami. Should you have any questions, please do not hesitate to call us at 305- 668 -2510. Sincerely, v nne McKinley Manager cc: City Attorney . Ajibola Balogun, Assistant City Manager Page 2 of 2 Department of Environmental Resoun:es Management MIAM!•D1ADE Environmental Quality Control Board 701 NW 1st Court, 4th Floor Miami, Florida 33136 -3912 T 305 - 372 -6754 F 305 - 372 -6759 Carlos Alvarez, Mayor CHAIRPERSON miamidade.gov Claire M. Bradshaw - Sidran, Ph.D._ MEMBERS Robert S. Pope, Ph.D. PUBLIC NOTICE William E. Hopper, Ph.D. ENVIRONMENTAL QUALITY CONTROL BOARD Luls,A. Prieto- Portar, Ph.D., P.E. David A. Chin, Ph.D., P.E., DEE AGENDA SECRETARY Carlos Espinosa, P.E. Date: Thursday, March 13, 2008 Time: 1:30 P.M. Place: Overtown Transit Village Building (OTV) 701 N.W. 1St Court Miami, Florida DERM Training Room 2nd Floor EIGHTY SEVENTH COURT LLC - (Continuance) Request for a variance from the requirements of Sections 24- 43(4)(b) of the Code of .Miami -Dade County, Florida. The request is to allow the construction of a commercial building, on a property that is located within the basic wellfield protection area of the Alexander Orr wellfield. The wastewater flow that the proposed project would generate would exceed the allowable sewage loading rate into sanitary sewers contained in said Code Section. The site is located within the 10- day travel time contour of the basic wellfield protection area of the Alexander Orr wellfield. The subject property is located at 7027 S.W. 87th Court, Miami -Dade County, Florida. 2. DAMON HOLNESS - (Continuance) Request for an extension of time for compliance with the requirements of Section 24- 43.1(3) and Section 24 -43(4) of the Code of Miami -Dade County, Florida. The request is to allow the subdivision of a parcel of land, into two lots. Each proposed lot would subsequently be developed with a duplex residence served by public water and a septic tank. The proposed lots would not comply with the minimum lot size requirements contained in the aforesaid Code Section. The site is within feasible distance for connection to the public sanitary system as defined in Section 24 -5 of the Code. Additionally, the subject property is located within the basic wellfield protection area of the Florida City Wellfield. The subject property is located at 528 N.W. 7th Street, Florida City, Florida. 3. S.P. RIVER LLC. DM RIVER CORP.. MAP RIVER LLC. AND NANCY PEPPER STERLING - (Continuance) Request for a variance from the requirements of Section 24- 47(2)(a) and (b) of the Code of Miami -Dade County, Florida. The request is to allow the operation of a metal recycling facility without the required stormwater management plan as set forth in the aforementioned Code section. In the alternative, the request is for an extension of time to comply with the requirements of Section 24- 47(2)(a) and (b) of the EQCB Agenda Page 2 Code of Miami -Dade County, Florida. The subject property is located at 3338 N.W. North River Drive, Miami -Dade County, Florida. 4. SOUTH FLORIDA BUILDERS INC. - (Continuance) Appeal pursuant to the provisions of Section 24 -11 of the Code of Miami -Dade County, Florida, of an action or decision by the Director of the Miami -Dade County Department of Environmental Resources Management (DERM). The Appellant is appealing a determination by the Director of DERM; said determination being the issuance of a certain "Notice of Violation and Settlement Demand" dated December 5, 2007 and issued to Ms. Jane L. Honigberg, President of Sun Belle Imports Corp. and Mr. John W. Borsa, President of South Florida Builders, Inc. The subject property is located at 2000 N.W. 70th Avenue, Miami -Dade County, Florida. 5. CITY OF SOUTH MIAMI — Request for an extension of time for compliance with the requirements of Section 24- 43.3(2)(q) of the Code of Miami -Dade County, Florida. The request is to allow that certain properties located within the limits of the City of South Miami, hereinafter referred to as "the City ", may continue to be served by on site drinking water supply wells. The subject properties have abutting public water mains as a result of proposed water main improvements undertaken by the City. 6. DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT - Request for an extension of time for compliance with the requirements of Section 24- 43.3(2)(q) of the Code of Miami -Dade County, Florida. The request is to allow that two certain properties be allowed to continue to be served by on -site drinking water supply wells. The subject properties have abutting public water mains and are served by septic tanks. The subject properties are located at 6695 S.W. 69th Avenue and 6700 S.W. 69th Avenue, Miami -Dade County, Florida. 7. HAZEL ROLLE — Request for variances from the requirements of Section 24- 43.1(4), Section 24- 43.1(6) and Section 24- 43.1(7) of the Code of Miami -Dade County, Florida. This request is to allow the subdivision of a multi -zoned property into three lots. One of the resulting lots is zoned BU -2, Business Special, which would be developed with an adult day care facility. The other two parcels are zoned RU -1, single family residence. The entire property is abutted by a 12 -inch force main. However, the resulting two parcels zoned RU- 1, are not required to connect to a force main. The purpose of the request is to allow the proposed day care facility to be served by a septic tank in lieu of connecting to the abutting public sanitary sewer. The subject property is located at 2101 N.W. 941h Street, Miami - Dade County, Florida. 8. ROBERTO DELGADO AND CARMEN DELGADO — Request for an extension of time for compliance with the requirements of Sections 24- 43.1(4) and 24- 43.1(6) of the Code of Miami -Dade County, Florida. The request is to allow for rezoning of the property to the IU -C zoning category, controlled industrial, to permit the construction of an office building and to allow the continued use of the property for parking and storage of trucks and heavy equipment. The subject site is served by an on -site drinking water supply well and a septic tank. The property is located west of N.W. 137th Avenue and the south side of N.W. 1 0th Street, Miami -Dade County, Florida. EQCB Agenda Page 3 OTHER MATTERS: Other items at the discretion of the Environmental Quality Control Board. For additional information, please call Mirna Leal at (305) 372 -6764. MAR -10 -2008 11:35 AM Date: March 7, 2008 To: Hon. Chairperson and Members Environmental Quality Control Board P. 2 MIAMFQADE Memorandum mm From: inosa, P �ire tal g Subject: Pre - hearing Memorandum City of South Miami Hearing of: 03/13/08 The petition comes before the Board as a request by Petitioner, City of South Miami, for an extension of time for compliance with the requirements of Section 24- 43.3(2)(q) of the Code of Miami -Dade County, Florida. The request is to allow that certain properties located within the limits of the City of South Miami, hereinafter referred to as 'the City", may continue to be served by on -site drinking water supply wells. The subject properties have abutting public water mains as a result of water main improvements undertaken by the City. Section 24- 43.3(2)(q) of the Code requires that when an approved public water main is made available and operative in a public right -of -way or easement abutting the property, any existing individual potable water supply system, device, or equipment shall, within ninety (90) days, be abandoned and the source of potable water for the residence or building shall be from the approved public water main: Staff notes that in June of 2002, the Miami -Dade County Environmental Quality Control Board granted the City of South Miami, through and by Board Order 06 -02, a five (5) year extension of time to connect those properties-located in Phase 1A and Phase 1B areas of the City's Water Distribution Master Plan to abutting public water lines after completing a water main project. Consequently, with the majority of City water main projects completed and accepted, the. City states that they will now continue to seek additional funding to accomplish the next objective, which will be to upgrade the size of substandard water mains per each Phase of the Water Distribution Master Plan and provide residents with adequate water pressure and fire protection. The City has submitted an updated Water Distribution Master Plan which delineates and identifies Phases IA, IB, 2, 3, 4, 5 and 6 as those areas in need of water main improvements. According to the City's letter of intent,. there are a number of residents in the Phases 1A and 1 B areas of the Water Distribution Master Plan who have connected to the public water mains. However, there are properties that abut completed and accepted water mains which have not connected due to financial hardship. The City's letter of intent further states that the costs associated with the new water service connection and well water abandonment were previously estimated at an average of $4,000.00 per home, not including any additional plumbing costs needed in the interior of the home. The Petitioner's letter of intent further asserts that this year, the average costs for water service connections may well exceed $5,000.00. However, staff notes that no information that would substantiate the above noted figures has been submitted with this petition. The Petitioner is also indicating that it has become difficult for the residents to incur such costs while still recovering from the substantial increase in the cost of living, such as the rising cost of insurance premiums, fuel prices, basic essential goods and MAR -10 -2008 11:36 AM Han. Chairperson and Members Environmental Quality Control Board City of South Miami Page 2 P. 3 services, and health care insurance, as well as other economic adversities such as hurricane disaster recovery and preparedness. The City of South Miami is requesting an extension of timer for compliance with the aforesaid Code requirements, deferring compliance until 5 years for all completed projects to date and 5 years following future projects completion and an additional 2 years extension beyond the 5 years on an individual basis based on presented hardship. Staff notes that the City has not submitted a proposed timeframe for each phase of the water main construction and therefore, granting the proposed extensions of time would allow existing single family residences to continue to be served by on -site drinking water supply wells for possibly up to seven (7) years beyond some unspecified future completion date of water main improvements. Staff believes that the intent of the Code is that if and when the service network is expanded, all the properties that have abutting lines shall be connected to the public water supply system, in order to eliminate any potential health hazard. Staff further believes that contamination of on -site wells can easily occur and go undetected for extended periods, thus exposing the users to possible undetected health hazards for long intervals. Staff believes that granting this type of extension of time for compliance perpetuates the use of on -site wells in conjunction with land uses that can be served by public water; furthermore, it also creates pockets of developed land that having access to public water service, continue to be served by on -site drinking water supply wells with all the risks that their use involves. This is of particular significance in the present circumstance since the areas that are the subject matter of the application are served by septic tanks, further increasing the potential health risk. Notwithstanding the above staff recognizes that the required connection to the public water supply system may constitute a financial burden for some property owners; accordingly, staff recommends approval of a 3 -year extension of time for compliance with the requirements of the above -noted Code Sections for those homes which were the subject of the first extension (Board Order 06 -02) and have abutting completed and accepted water mains (included herein as Exhibit E), subject to the following conditions: 1. The subject extension of time shall apply to single - family or duplex residences listed in Exhibit E. 2. Those single family or duplex properties identified having abutting public water lines (per Exhibit E) shall be connected to the public water supply system on or before March 13, 2011. 3. The City of South Miami shall notify all residents affected (per Exhibit E) according to the following schedule: a. On or before June 30, 2008, the Petitioner shall notify and provide a copy of the Board Order to those residents affected per Exhibit E. b. By March 2010, provide reminder notification that connection to existing water mains is required by March 13, 2011. c. By January 2011, provide final reminder notification that connection to existing water mains is required by March 13, 2011. MAR -10 -2008 11:37 AM Hon. Chairperson and Members Environmental Quality Control Board City of South Miami Page 3 P. 4 4. On or before May 13, 2011, the City shall submit to DERM proof, in the form of tabulated information (i.e., by folio and address) and connection certification (i.e., plumbing permit or WASD account information) that all residents affected (per Exhibit E) have connected to the existing water mains. Attachments: Exhibit A- Aerial Photo's Exhibit B- Section Maps Exhibit C- Water Main Extension Master Plan Exhibit D — Board Order 06 -02 Exhibit E — List of Properties within City of South Miami with abutting water lines