Item J2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 10,2015
Bulk Item: Yes No X
Division: Engineering & Public Works
Department: Wastewater
Staff Contact Person/Phone #:Wilson (453-8797)_
AGENDA ITEM WORDING: Discussion, direction, and approval of a policy for providing subsidy
for installation of grinder stations on CRWS properties who provide easements to FKAA between 1
July 2015 and 29 February 2016.
ITEM BACKGROUND: There are some properties that are within the CRWS service area for which
easements will not have been provided before the FKAA's contractors' deadline of 30 June 2015.
FKAA mailed reminders and advice of the 30 June deadline to property owners following the March
BOCC meeting. The contractor will not charge the FKAA/County for the installation costs for those
properties ($3,700 or $2,200/property for the inner or outer island areas, respectively). The grinder
stations are already purchased. If the affected properties provide easements before 1 March 2016, the
proposed policy will have the County provide a subsidy equal to the contractors' installation credit
(depending on the property's location). The proposed policy anticipates that the FKAA will provide
and install the grinder station. The draft policy includes an option (shown in bold italics), not
recommended by staff, that a subsidy may be paid to the property owner who opts to separately
contract for installation by a private contractor. The policy does not include provision of a subsidy for
the private installation of a grinder station without an easement, FKAA/County ownership, and FKAA
ongoing maintenance.
PREVIOUS RELEVANT BOCC ACTION: At its March 2015 meeting, BOCC directed staff to
produce a formal policy.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: TBD INDIRECT COST: Staff Time BUDGETED: Yes No X
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: TBD SOURCE OF FUNDS: Infrastructure Sales Tax
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty CR OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required _
DISPOSITION: AGENDA ITEM #
Proposal for Handling Properties in the Cudjoe
Regional Centralized Wastewater System that Do
Not Provide Easements Before the Contractor/FKAA
Cutoff Date (30 June 2015)
FKAA has advised that after 30 June 2015, the contractor will no longer be obligated to
install the grinder stations at the contracted price in all areas except Big Pine Key.
Based on guidance provided by the BOCC at its March 2015 meeting, the following
subsidies will be paid by the County to support connection of properties to the Low
Pressure (aka grinder) collection system in the Cudjoe Regional Wastewater System
(CRWS) provided that the property owner submits the required easement to FKAA
before 1 March 2016.
Innar i¢Ianri¢
For any property that was scheduled in the system design to be served by a low
pressure sewer connection (grinder) for which an easement is required:
If an easement is received by FKAA b
installed by the FKAA at no cost to the
If an easement is received by FKAA a -
property owner will be responsible for
less $3,700 (if the installation is oompl
If no easement is receive(
full cost of the installation.
or a private contractor.
June 2015, the grinder station will be
aerty owner.
30 June 2015 but before 1 March 2016, the
actual cast of providing the grinder station
1 by FKAA).
016, the property owner is responsible for the
rill be paid by the County to the property owner
As an alternate, the County could pay the $3,700 subsidy directly to the property
owner on a reimbursement basis upon presentation of proof of installation by a
contractor and proof of payment by the property owner to the contractor.
Outer islands (except Big Pine Key):
For any property that was scheduled in the system design to be served by a low
pressure sewer connection (grinder) for which an easement is required:
If an easement is received by FKAA by 30 June 2015, the grinder station will be
installed by the FKAA at no cost to the property owner.
If an easement is received by FKAA after 30 June 2015 but before 1 March 2016, the
property owner will be responsible for the actual cost of providing the grinder station
less $2,200 (if the installation is completed by FKAA).
If no easement is received by 1 March 2016, the property owner is responsible for the
full cost of the installation. No subsidy will be paid by the County to the property owner
or a private contractor.
As an alternate, the County could pay the $2,200 subsidy directly to the property
owner on a reimbursement basis upon presentation of proof of installation by a
contractor and proof of payment by the property owner to the contractor.
Outer islands (Big Pine Key only):
For any property that was scheduled in the system design to be served by a low
pressure sewer connection (grinder) for which an easement is required
If an easement is received by FKAA by 31 October 2015, the grinder station will be
installed by the FKAA at no cost to the property owner.
If an easement is received by FKAA after 31 October 2015 but before 1 March 2016,
the property owner will be responsible for the actual cost of providing the grinder station
less $2,200 (if the installation is completed by FKAA).
If no easement is received by 1 March 2016, the property owner is responsible for the
full cost of the installation. No subsidy will be paid by the County to the property owner
or a private contractor.
As an alternate, the County could pay the $2,200 subsidy directly to the property
owner on a reimbursement basis upon presentation of proof of installation by a
contractor and proof of payment by the property owner to the contractor.
Note:
Inner islands are Upper Sugarloaf Key, Cudjoe Key, and Summerland Key.
Outer islands (except Big Pine Key) are Lower Sugarloaf Key, Ramrod Key, and Little
Torch Key. (Also may include Big Torch, Middle Torch and No Name Key, if expansion
is approved by BOCC.)
Board of County Commissioners,
Monroe County, FL
Re: June 10, 2015 BOCC Agenda item J2
Greetings;
ccw)b a
R-Lceel In «ap
r w-rds
Box 430932
Big Pine Key, FL 33043
June 10, 2015
This is written as a concerned resident of the Cudjoe Regional Wastewater System (CRWS) service area.
My property is not slated for a grinder pump, thanks to a sensible BOCC vote on the first round of
conversions to gravity. I have a win -win solution to recommend that will save the County construction
money, save FKAA field personnel from potential harm, and relieve the County from some pending
inverse condemnation litigation that is already in the works.
It is my firm belief that nobody should have to bear the burden of an unwanted grinder pump in their
yard. I have seen single women in tears describing how they were intimidated, bullied, and threatened
before very reluctantly signing over an easement onto their property. They felt.violated and feel like the
easement represents future violations of their peace and security on their own property. Then there are
those on very limited fixed incomes in older homes that do not have adequate power service (even at the
meter can) to run both their house and a new circuit for a grinder pump. The circuit required is as big as
one for a central air conditioner. quotes for the upgrade to their electrical service are running about
$4,000- simply to power unwanted County, machinery in their yard. This is simply a transfer of sewer
system construction cost onto just grinder pump area homeowners. They were already assessed. for
central system construction cost, so this amounts to unequal taxation for the same supposed benefit.
I am not a lawyer, but based on my college courses long ago in Contract Law and Real Property Law, any
contract obtained under duress may be rendered invalid. And so it should be. in most cases, easements
to FKAA for grinder pumps have not been given willingly. They have been surrendered under duress and
are therefore invalid.
Based on my college courses in Survey and Boundary Law and Descriptions, I believe that any easement
for the installation of County machinery should rightfully be to the County rather than to a contractor for
the County, which is all the FKAA really is. County machinery on private property without an easement to
the County would be an encroachment.. Such an encroachment might defeat a mortgage application.
62-504.400 and 62-604,300($)0) FAC require that in any alternative sewer system, the entire system,
specifically including the pumps that are beyond a property's building sewer (the gravity sewer pipe from
the house) must be owned and maintained by a single entity. in the case of grinder pumps in the CRWS,
that means the pump station in its entirety, the controls, and the pipes & pumps all the way to the
treatment plant must be owned by the County. The County may then contract (by Inter -local agreement
for example) to allow the FKAA or other entity to maintain and operate the infrastructure, if the grinder
PUMP station or other infrastructure (like a lift station or vacuum pump station) is .on private property,
then. that single owning entity must have an easement. That's the County that needs an easement, not
their hired help. See Note 2 for a quotation from the Florida Administrative Code
So if an easement Is not surrendered, forcing the property owner to buy, install and maintain a pump
station Is not a legal option. They do not have service available until a gravity connection Is placed at their
property line. If that gravity connection is to a gravity sewer, a vacuum pit, or a grinder pit does not
Matter at all. But It is the Countys responsibility to provide the complete sewer system including the
pump and power supply.
In testimony to the DOM Administrative Law Judge Cathy Sellers in the hearings of September and
October of 2014 for Dump the Pumps, Inc. vs FKAA and FDEP, the FDEP stated that the CRWS collection
system met the definition of an alternative system and therefore, by their interpretation, nothing In the
collection system needed to meet the minimum requirements of Ten States Standards (embodied In the
text "Recommended Standards for Wastewater Facilities"). That was FDEP's excuse to allow the permits
to stand in spite of the seriously substandard design. That exemption from Ten States Standards includes
the grinder pumps. The Dl_P has thus removed the excuse that FKAA used for putting grinders on private
property. A residential grinder pit can now go in the public right of way or existing utility easement. They
are generally cheaper to Install there anyway. Why?
As
in le residential grinder -pit -can legally serve up to 5 dwelling. units! The manufacturer agrees.
A pricing analysis Is detailed below In Note 1 with some examples.
There are extreme advantages of having the grinder pump in the right of way.
A. No need to extort an easement from unwilfing property owners
B. No arguments about how much it costs to run the grinder pump.
C. No need for service personnel to enter private property. (picture a fenced and gated property
and the difficulty that presents)
D. No added risk to service personnel who might be atta&ed by a protective dog.... or owner.
E. No risk of letting a pet out of a fenced area. (dogs in heat can be very challenging to contain)
F. No risk of being shot at night by a frightened homeowner who does not know an emergency
power -off was needed to facilitate a repair that is blowing raw sewage high into the air.
G. Unrestricted access day or night. (no entry difficulties, no need of a courtesy alert of residents)
H. Annoying alarm can be silenced by any neighbor or service person without Intruding on property.
i. Fewer pumps to maintain and. fewer pits to pump down during a power outage.
J. Faster pump outs due to better access, and access that is immediate.
K. Less likelihood of seized pumps during periods of low residency since a neighbor might be using
the same grinder.,
L. Less chance of explosive gas build-up from hydrogen sulfide gas leakage past check valve into an
inactive pit.
M. Less vulnerable to damage with its low profile and traffic rated cover.
N. Less of a liability hazard than If in someone's yard. (picture the standard plastic cover that has
become brittle and a kid jumping on it)
O. Vent can. be brought up near a stub pole at control box as full 2" with gooseneck above flood.
(mushrrom style Wager Yerit has many small holes that are inviting to leaf -cutters & mud
daubers)
P. Flow In a pipe that needs to be isolated for repair can be stopped safely by turning off pumps
Upstream of a valve. This is far easier with readily accessible and fewer pumps, as when they are
shared In the right of way. (Operating an E-one pump against a blockage or closed valve creates
dangerous pressures that according to E-one's service manual may result in property damage or
personal injury. I have testimonials to those dangers.)
Q. Activation of security alarms or home video surveillance alerts is avoided.
R. Avoids the current it) will and continuing animosity from those who have had property value
reduced, privacy reduced, reduced feelings of security and safety on their own property, and the
continuing reminder with every bill and every service visit and every alarm that sounds.
S. Enables completion of the system now, rather than waiting for Individual installations.
T. Facilitates connection by property owners and keeps their installation cost to a minimum..
U. Allows for a property owner's contractor to operate a trencher without a fragile grinder pit In the
way.
V. Less liability for damages caused by the equipment. (for example, a faulty gas seal can.cause
.corrosive gasses from the pit to enter and destroy an electrical service panel. Or cause a fire.)
W. Many mortgages deny the right of the mortgagee to grant an easement.
X. Avoids the costs of inverse condemnation litigation for property takings without just
compensation.
Y. Avoids the need to pay just compensation for the taking of property for the Installation of County
infrastructure.
Z. In the right of way is the only leaaf (and eou€table) location without a willingly given or equitably
purchased easement. (Someone far off the road may be happy to provide an easement and
power, but most feel robbed. Because they have been robbed.)
FKAA and County engineering staff have not been giving good advice to the BOCC. They have accepted
and promoted a sewer system design that Is fatally flawed in several aspects instead of demanding a
-design that at least met minimum design stanadrds. As Jon Iglehart, DEP's Director of DIstrict
Management, was quoted as saying about the CRWS collection system at the recent Water Quality
conference in Marathon: "Actually, we don't know if it's going to work. it's kind of a big experiment."
Highly competent engineers and a world renowned doctorate expert in pumping systems have opined
that If It works at all, it will fall dramatically In the not distant future, The CRWS is not a system worthy of
pride, and its implementation by FKAA Is beyond shameful. It is a salvageable system, but it needs
modifications by a competent engineer without an Irrational allegiance to EOne . Codifying FKAA's
proposed punitive measures intended to force compliance with their will would further implicate the
County in what most people consider extortion. 'Having read the legal definition, I believe they are
correct, and I would recommend that you investigate for yourself rather than depending on the advice of
County or FKAA staff. But the best route is to resolve to put the grinder pumps in the public right of way.
That is the only equitable and honorable thing to do.
Attached are photos of shared grinder pit installations by the City of Marathon in the DOT right of way on
Grassy Key, and photos of FKAA power drops for pipeline cathodic protection as installed throughout the
Keys and even In downtown Key West. It is not complicated, obtrusive, or expensive-. especially if
mounted on an existing pole:
I strongly recommend that you resolve to place unwelcome grinder pump stations in the right of way.
Sincerely,
John Prosser
Note 1:
The Outer Islands contract Schedule of Values Is In violation of SRF funding requirements of 62-503 FAC
because it does not show unit prices, but from change order pricing we know that the unit pricing is
similar to the Inner Islands and usually cheaper. Using the Inner Islands contract's unit pricing, the
original cost to Install a grinder pit, complete, was $9,000. A generator connection and monitoring system
added about $360, but owner -direct -purchase saved almost $600, so we will just use $9,000 for this
estimate.
What is needed new Is a traffic rated cover and a power drop. The traffic cover from E-One was
reportedly quoted at $1,500, which is ridiculous. A complete concrete manhole 4' i.n diameter and 8'
deep is $3,200 complete with frame and cover and protective liner and would provide greater reserve
capacity. The plastic grinder pit costs about $1,500 alone and will not last about 15 years instead of 100
years like a concrete manhole, so let's assume $3200 for a concrete manhole and call the complete
grinder pit In manhole, ready for traffic at $10,700.
To connect each home to the grinder pit Is $1200 single or $1500 double for the lateral plus $6/foot for
camera inspection to make certain it was Installed properly. Legally, a gravity sewer lateral can be up to
100' in length, or longer if there are clean -outs no more than 100' apart. In fairness to the contractor,
especially long laterals should earn him more, but it is just a shallow 6" PVC pipe extension, not a deep
dig at a sewer main and with the clean -out assembly fittings and box that is all included In the $1200
single/$1500 double lateral price. Most laterals would be short, but a long one might save an extra
grinder pit. The average lateral length Is probably about 30', but we will say 40' at $6/ft for video
inspection adds $240 to the lateral prices, which become $1,440 or $1,740 for a double lateral that
.serves two adjacent properties with building sewers near the shared lot line.
A power drop might be negotiated with KEYS energy at a flat monthly rate with no meter- like a private
street light. But if a meter is required, past contracts at FKAA bought "gold-plated" power drops complete
with the meter can for about $2500 on average. Some were on existing poles and some needed a stub
pole because the equipment powered was too far away from a pole. These "gold plated" installations
used PVC coated rigid conduit with PVCR Myers hubs, 316 stainless steel Junction boxes, and the
standard painted steel meter boxes. There was no need of excessive quality and cost. Suppose It cost
$3,000 now for a power drop. Note that one power drop might serve more than one grinder pit.
So we have $10,700 for the fortified grinder pit/manhole option, $3,000 for electrical, and $1,500 for a
double lateral,, totaling $15,440 for Just two adjacent homes. Compare that to $18,000 for grinder pumps
on the 2 lots plus at least $1,000 each for the homeowner supplied circuits and a lot of really bad will.
Five homes within range of a grinder pump In the right of way would total not more than $20,900 (if all
were long single laterals). Compare that to $45,000 plus at least $5,000 in owner supplied circuits and 5
households feeling violated and bearing great ill will. One of them may even have a voodoo doll and
know how to use it. it Is best to always be fair and honorable.
The court assessed value of property takings via inverse condemnation litigation was not added to the
forced on -lot installations above, nor were the costs of litigation. it is far more economical and sensible.
to put the grinder pumps in the right of way Just like a vacuum pit.
Note 2. Florida Administrative Code quotation:
62-604.44 0 Design/Performance Considerations.
(1) All new collectionftransmission systems and modifications of existing systems for which construction
permits are required by the Department shall be designed:
(a) In accordance with the provisions of Rule 62-604.300, F.A.C.;
(b) To be located on public right-of-ways, land owned by the permittee, or easements;
(4) The manuals referenced in paragraphs 62-604.300(5)(b), (c) and 0), F.A.C., shall be used in evaluation of the
design and construction of alternative collection/transmission systems in Florida. A central management entity, be it
public or private, shall be responsible for operation and maintenance of the on -lot facilities associated with alternative
collection/transmission systems.
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