BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

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1 8D1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: DEPARTMENTAL PRESET: TITLE: MARTIN COUNTY UTILITIES MAINTAINED GRINDER PUMPS AGENDA ITEM DATES: MEETING DATE: 2/14/2017 COMPLETED DATE: 2/2/2017 COUNTY ATTORNEY: 1/23/2017 ASSISTANT COUNTY ADMINISTRATOR: 1/30/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: John Polley, Director Utilities and Solid Waste Leo Repetti Name: Procedures: None Project Engineer EXECUTIVE SUMMARY: Estimated staff presentation: 10 minutes. Board action is requested to establish a policy and procedure to facilitate residential connections to the County s wastewater system, where infrastructure is available. Further action is requested to approve a standard Installation and Maintenance Agreement and authorize the Utilities and Solid Waste Director to execute the Agreement on behalf of the County. APPROVAL: ADM ENG LEG ACA CA f 1 of 9

2 BACKGROUND/RELATED STRATEGIC GOAL: Public sector utilities providing wastewater service within Martin County, such as the Loxahatchee River Environmental Control District and the City of Stuart, have adopted policies to facilitate the replacement of failing residential septic systems with grinder pump stations. The benefits include reducing installation costs and establishing a uniform system to be maintained by Martin County Utilities. The system may be utilized for new construction as a cost effective alternative to an OSTDS or where there are failing septic systems in locations where utilities infrastructure is available. Martin County Utilities has engaged in a pilot program resulting in the installation of 12 grinder pump stations since the summer of 2016, with several other property owners expressing immediate interest. The supporting documents for the policy are defined in the BOCC-approved Martin County Utilities 2016 Minimum Design & Construction Standards. These standards and specifications identify details of pump, controller, wiring, installation, electrical, and maintenance associated with the grinder pump stations. The companion document Installation and Maintenance Agreement, Residential Grinder Pump System describes the homeowner s and Martin County Utilities obligations for the installation and operating of the system The document includes hold harmless language, and provisions for the Agreement to be recorded in Martin County public records. The Agreement was drafted by the County Attorney s Office with input from Real Property. Staff recommends that the Board grant the authority for the Utilities Director or it s designee to execute the Agreement on behalf of Martin County similar to the process for the execution of standard Water and Wastewater Service Agreements. ISSUES: Toxic blue green algae blooms in the St. Lucie River and the Indian River Lagoon in the summer of 2013 and 2016 highlighted the negative impacts caused by excessive nitrogen and other pollutants reaching the County's waterways. One of many potential sources of these pollutants is on-site sewage treatment and disposal systems, (OSTDS), including septic tank and drain field systems. The quality of life and the economy of Martin County rest on its waterways. Chapter 10 of the Martin County Comprehensive Growth Management Plan identifies the need to continually develop County policies and practices, using knowledge and best management practices, to solve the environmental problems and fiscal challenges posed by failing OSTDS. This subject policy represents a solution to removing residential OSTDS in a cost effective manner. The current process for replacing a residential OSTDS system with a grinder pump station requires the homeowner to hire an engineer to design a pump station including selecting an appropriate pump and preparing drawings for Utilities review. The need to hire an engineer is eliminated, reducing the cost to provide wastewater service. Since the station design would be uniform throughout the County, the savings associated with volume sales would encourage connections to the system f 2 of 9

3 LEGAL SUFFICIENCY REVIEW: This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility. RECOMMENDED ACTION: RECOMMENDATION Move that the Board approve a standard Installation and Maintenance Agreement for Residential Grinder Pump Systems Move that the Board authorize the Utilities and Solid Waste Director to execute the standard form of the Agreement as drafted by the County Attorney s Office. ALTERNATIVE RECOMMENDATIONS Move that the Board provide alternative direction to staff to facilitate the removal of individual OSTDS. FISCAL IMPACT: RECOMMENDATION None ALTERNATIVE RECOMMENDATIONS None DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: X ADM _ BLD _ CDD _ COM X ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG f 3 of 9

4 DEPARTMENTAL POLICY To: USD Staff From: John Polley Utilities & Solid Waste Director Subject: Martin County Utilities Maintained Grinder Pumps Effective Date: February 14, 2017 Created by: Leo Repetti Project Engineer PURPOSE To establish a consistent procedure for residential grinder pump systems to ensure the design and installation criteria as defined in the Martin County Utilities 2016 Minimum Design & Construction Standards are met. POLICY This policy pertains to residential grinder pump systems meeting the design and installation criteria as defined in the Martin County Utilities 2016 Minimum Design & Construction Standards. The goals of this policy are as follows: Provide a low-cost sanitary sewer grinder pump system to homeowners for new construction, and to those that otherwise desire to connect or may be experiencing septic tank failures, limited to areas that County sanitary infrastructure is available. Minimize the costs associated with the design of the station for each home Provide a uniform, proven system that will be maintained by Martin County Utilities (MCU) instead of the homeowner. DEFINITIONS PROCEDURE The homeowner s obligations: Homeowner makes application to MCU for sanitary connection requesting grinder pump service, along with 8-1/2 x 11 sketch showing the location of the station and proposed force main tie in with respect to the home s location, driveways, walks, existing clean out, septic tank and drain field (if applicable). Homeowner executes an Installation and Maintenance Agreement document that allows the County to enter their property to inspect, maintain, operate, repair or replace the pump station, control panel, and discharge plumbing. The Agreement will be drafted by the County and must be executed by the owner and recorded in public records. 4 of 9 Page 1 of 2 usdpol22_6.docx

5 DEPARTMENTAL POLICY County will furnish, at the Owner s expense, for the Owner to install and use on the Property, a simplex grinder pumping system (pump, basin, control panel, discharge force main, and level controls from the County at the County s cost. The Homeowner must also pay the applicable connection fee, Capital Facility Charge for wastewater, engineering review fee, and recording fees, as applicable. Homeowner hires a contractor to install the system including connection to the home s gravity plumbing, pump station basin and the discharge plumbing to the County s infrastructure at the homeowner s property line. Homeowner hires a licensed electrical contractor to provide power to the station control panel. Homeowner will maintain the gravity plumbing and electrical service and pay for damage to any part of the county-maintained system through negligence or abuse, including damage by trenching, digging or landscaping. Continued violations may result in the County charging for reimbursement to recover repair costs incurred due to such negligence or abuse, and the disruption of water service. If applicable, the homeowner must abandon their on-site septic system per Martin County Department of Health and Florida Department of Environmental Protection rules. An engineer is not required to select pumps, perform calculations, witness installation or startup, or complete turnover packages. Generally, single family residential grinder stations are exempt from FDEP wastewater permitting, but in the event a permit is needed, the homeowner shall hire an engineer and obtain the required permits. The County s obligations: The County shall inspect the work during construction. Upon completion, the County shall wire the pump and level control to the control panel, followed by the system startup. The County will inspect, maintain, operate, repair or replace the pump station, control panel, and discharge plumbing. Suppression History: None John Polley Utilities & Solid Waste Director 5 of 9 Page 2 of 2 usdpol22_6.docx

6 This Document Prepared By: Sarah Woods County Attorney s Office Martin County Board of County Commissioners 2401 SE Monterey Road, Stuart, FL INSTALLATION AND MAINTENANCE AGREEMENT RESIDENTIAL GRINDER PUMP SYSTEM This Installation and Maintenance Agreement (hereinafter called the "Agreement") is entered into this day of (month), (year), by and between the owner(s) (hereinafter called "Owner") of the property at the address of, with a Parcel Control Number of and a legal description attached as Exhibit "A" (hereinafter called "Property"), whose mailing address is, and Martin County, a political subdivision of the State of Florida (hereinafter called "County"), whose mailing address is 2401 SE Monterey Road, Stuart, FL County will furnish, at the Owner s expense, for the Owner to install and use on the Property, a simplex grinder pumping system (pump, basin, control panel, discharge force main, and level controls - hereinafter called "SYSTEM COMPONENTS"). Owner agrees to keep SYSTEM COMPONENTS accessible and unobstructed at all times and hereby grants the County access onto the Property to perform necessary inspections, repair and replacement of the SYSTEM COMPONENTS, as described below. Accessible and unobstructed shall mean that no structures, plantings, fencing or fixed objects shall be placed within five (5) feet of SYSTEM COMPONENTS, other than the structure that the control panel is fastened to, sodding and unattached / readily movable objects. The undersigned Owner agrees that in consideration for the maintenance of the SYSTEM COMPONENTS, Owner shall hold harmless Martin County, its officers, agents, and employees, from any damage of any type whatsoever to the Property or to persons situated thereon related to the use of the SYSTEM COMPONENTS. At Owner's expense, Owner shall: 1) have a licensed electrician obtain a permit and install the control panel and related electrical components in conformance to the National Electric Code (N.E.C.) and Martin County Code, which installation shall include wiring the control panel to the home's electrical panel including Owner-provided disconnect switch adjacent to the control panel, and all associated on-lot electrical requirements, and 2) have a licensed plumber furnish, install, and test a gravity pipe between Property dwelling and basin, and install a 1-1/4 HDPE (High Density Polyethylene) CTS (Copper Tube Size) discharge force main between basin and the County-supplied service connection located at road right-of-way. Owner shall obtain the following Building Department permits: plumbing, electrical, and Department of Health septic system abandonment permits, if applicable. The electrical service and the gravity pipe identified above are the sole responsibility of the Owner to maintain, repair and replace as necessary. 6 of 9

7 Upon notification from the Owner that the SYSTEM COMPONENTS are malfunctioning, the County shall repair and/or replace any malfunctioning parts of the SYSTEM COMPONENTS provided, however, service, inspection, maintenance, repair/replacement of the control panel is limited to the physical control panel provided by the County and does not include any electrical wiring, circuitry, components and connections necessary to operate the control panel. In the event SYSTEM COMPONENTS are damaged as a result of Owner's negligence or third-party acts, Owner agrees to pay for the necessary repair and/or replacement, restoration and installation of SYSTEM COMPONENTS. Owner acknowledges and agrees that the County shall have the right to invoice the costs associated with this damage on the Owner s monthly bill and that failure to pay such associated costs may result in the County shutting off the Owner s County utility services. Following final approval by the County Utilities Department, Owner shall not make any changes or modifications to the SYSTEM COMPONENTS. All expenses associated with Owner requested or directed modifications to the SYSTEM COMPONENTS will be paid exclusively by Owner. All expenses associated with restoring SYSTEM COMPONENTS to their original condition as a result of unauthorized Owner modifications shall be paid exclusively by the Owner. Such expenses may include: material and labor costs; legal, engineering and administration costs; capacity fees, assessments, rate surcharges and monthly rate surcharges for illegal connections to the utility system. OWNER ACKNOWLEDGES AND AGREES THAT THE COUNTY IS NOT RESPONSIBLE FOR ANY INCIDENTAL DAMAGES WHICH MAY ARISE OUT OF OPERATION OR MALFUNCTION OF THE SYSTEM COMPONENTS The County may record this Agreement in the public records; however, this Agreement does not create a lien or mortgage on the Property. This Agreement is binding on Owner, his (their) heirs, successors, grantees and assigns. OWNER(S): Signed and Sealed in the presence of: _ By: Witness _ Print Name Print Name Owner 1 STATE OF FLORIDA, COUNTY OF MARTIN The foregoing instrument was acknowledged before me this day of _,, by _, who is personally known to me or has produced as identification and who did/did not take an oath. Notary Public, State of Florida Notary Signature My commission expires: Commission No. _ Print Name: 7 of 9

8 _ By: Witness _ Print Name Print Name Owner 2 STATE OF FLORIDA, COUNTY OF MARTIN The foregoing instrument was acknowledged before me this day of _,, by _, who is personally known to me or has produced as identification and who did/did not take an oath. Notary Public, State of Florida Notary Signature My commission expires: Commission No. _ Print Name: Martin County Utilities Director or designee: By: Print Name 8 of 9

9 Exhibit A - PROPERTY 9 of 9

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