Fort Walton Beach Council agenda — 10-12-2006 ‎(regular)‎ — reading text

pay the sewer fees even though they were not connected to City sewer. Code 10. 70. 10, adopted via Ordinance 1113, states that " residential and commercial customers who have sewer service available to them, but who are not connected to the sewer system, shall be charged accordingly". Code 10. 75. 01, also adopted via Ordinance 1113, states that " all property owners and/or property users of developed property that is available for connection to the existing sewage collection system are required to pay the established sewage charges or fees, as set by the City from time to time, whether connected to the sewer system or not". The Grattons felt that the City should be responsible for reimbursing the costs of the repairs and pumping out of the septic tank plus the sewage fees they have been paying since 1974. Staff explained to them that a City ordinance required them to pay the fees regardless of them being connected to the sewer system or a septic tank because a stub- out was provided. Discussion: On Thursday, September 14, 2006 staff followed- up with the Grattons to receive an update on their situation. Mrs. Gratton, the point of contact, was not home at the time, so we spoke with Mr. Gratton. He was upset because they had paid Roto- Rooter $ 150 for repairing their lateral and 299 for pumping out the septic tank. Mr. Gratton felt the City should be responsible for reimbursing them for all costs incurred because he thought the City knew that they were still connected to a septic tank. The Engineering Services Manager spoke with Mrs. Gratton on Wednesday, September 13, 2006, and was able to discover that no sewer tap fees had ever been paid for that property. For that reason, the Grattons thought the City should have known they weren' t connected to City sewer and were, therefore, responsible for all fees and repairs. Later that same day, staff again followed- up with Mrs. Gratton, as per her husband' s request and reiterated what was explained earlier. The Grattons remained frustrated by the issue and staff agreed to further investigate, what if any, alternatives existed to resolve the issue to their satisfaction. Staff agreed to ask City Council to waive any tap fees under these circumstances. Staff further advised Mrs. Gratton to seek additional estimates from other plumbers, explaining that she may receive more favorable pricing for the plumbing work needed at her house. On Monday, September 18, 2006, staff contacted Mrs. Gratton to give her an update on the City' s investigation into other alternatives. Staff investigated two options: re- routing the existing stub- out to avoid damaging the driveway or installing a new stub- out from the manhole or main. Based on surveyed elevations and pipe installation lengths, it was decided that installing a new stub- out was the best and most economical option. Although more information will be necessary before a final decision could be reached; Mrs. Gratton was grateful for the City' s work thus far. On Thursday, September 21, 2006, staff informed the Grattons, that after performing an elevation survey of the property, it was determined that the best location for a new stub- out would be ten ( 10) feet north of the south property line. Further, the Grattons would be responsible for hiring a plumber to connect to the City' s lateral. Once we started discussing the required items of installing 110 linear feet of four ( 4) inch PVC lateral, Mrs. Gratton indicated that Roto- Rooter had stated the septic tank would need to be pumped out and filled with sand; and she asked if the City could provide the sand to fill the tank. The Grattons then proceeded to repeat their stance that the City should reimburse them for the sewer repairs and original pumping out of the septic tank. Staff explained that due to the unfortunate circumstances the City has been willing to work with the Grattons on this issue by providing a new sewer stub- out and recommend the waiver of tap fees. Staff believes that this is most the City is able to do to mitigate the Gratton' s problem. 2 Recommendation: Staff respectfully requests Council's consideration for the City to install a new four ( 4) inch PVC wye- tee and sewer lateral to the right- of-way line ten ( 10) feet north of the south property line of 29 Jonquil Avenue NW; further request consideration for the City to waive the sewer connection fee of $600 and pavement replacement fee of $600 for the work to be perfonned. Submitted Bv: Michael Beedie, Utilities Operations Manager Date Reviewed and Concur: John Hofstad, Utilities Director Date Reviewed and Concur: Joyce Shanahan, City Manager Date Attachments: 1. City Manager letter dated September 28, 2006 3  cy of Fort Walton Beach L... v America 's Most Beautiful Beaches I' , . TA 4~} J.~\ 1.- j 107 Miracle Strip Parkway, SW * P. O. Box 4009 * Fort Walton Beach, F132549 cl V / .' .' f. ~ 850) 833- 9504 * Fax ( 850) 833- 9640 fwbcmgr(@.fwb. org TDD ( 850) 833- 9925 Joyce Shanahan September 28, 2006 City Manager i shanahan(@,fwb. org Mrs. Annie Gratton 29 Jonquil Avenue NW Fort Walton Beach, FL 32548 RE: Connecting to City of Fort Walton Beach Sanitary Sewer System Dear Mrs. Gratton: On Tuesday, September 12, 2006, the City of Fort Walton Beach Utilities Department received a call concerning the discovery of an operational septic tank on your property at 29 Jonquil Avenue. In response to your call for plumbing assistance, Roto- Rooter discovered that the private sewer lateral from your house was connected to a septic tank located in your backyard. In February 1972, the City completed a project to install a new eight ( 8) inch PVC gravity sewer main along Jonquil Avenue. During that project, the City provided a four 4) inch sanitary sewer lateral stub- out from the new main to the right- of-way line near the north property line. At the time the new sewer main was constructed, the property owners along the route were given the option of connecting to the new main or continuing to use their existing septic tanks, so long as the septic tank remained operational. Based on the recent discovery by Roto- Rooter, we must assume that the original property owner decided to continue utilizing the septic tank. The City understands that in March you purchased the property through 1974, foreclosure. At that time, there were no records included with the purchase of the property indicating whether the property was connected to the City' s sanitary sewer system or to a septic tank. Although most improvements to private property are permitted through the City, there are instances where property owners do not follow established permitting guidelines. Therefore, the City does not assume responsibility for informing property owners of the existence of specific private property improvements such as an interconnection to the City sewer system. Typically, the City' s responsibility ends at providing sanitary sewer service to the property line for properties within the City, unless an easement for utility conveyance is granted by the property owner. Once the City provides sewer service to a property, the property owner is responsible for paying the applicable monthly sewage fees whether they are connected or not. City Code 10. 70. 10 states that " residential and commercial customers who have sewer service available to them, but who are not connected to the sewer system, shall be charged accordingly". In addition, City Code 10. 75. 01 states that " all property owners and/ or property users of developed property that is available for connection to the Mrs. Annie Gratton September 28, 2006 Page 2 existing sewage collection system are required to pay the established sewage charges or fees, as set by the City from time to time, whether connected to the sewer system or nor'. Unfortunately, as the above policy would indicate, the property owner is responsible for all charges and fees associated with this service regardless if they are using the service or not. For this reason, the City cannot reimburse any of the sewage fees paid from the time you purchased the property until now. Due to the unfortunate circumstances surrounding your situation, the City is willing to provide a new sewer stub- out near the south property line from the eight ( 8) inch main to the right- of- way line to avoid disturbing your recently constructed driveway. Additionally, the City will request Council' s approval to waive the required $ 1, 200 connection fee, which includes $ 600 for the new sewer tap and $ 600 for a major asphalt cut and repair on Jonquil Avenue. This is an offer not typically extended by the City and should prove to be a significant cost savings to you as you convert from your septic tank system to the sanitary sewer system. The City cannot, however, reimburse any incurred or future expenses to connect to the City' s sewer system or to repair damaged sewer service laterals and/ or septic tanks on private property. I hope this helps in clarifying the City' s position on this issue. The request to waiver the tap fees will be placed on the agenda for the Regular Council Meeting on Tuesday, October 10, 2006; which is the date of the next meeting. My staff and I look forward to working with you to resolve this and any other issues you may have. Please contact me at ( 850) 833- 9504 if you require any additional information or for further discussion. In addition, you may contact our Utilities Department, ( 850) 833- 9613, with specific questions regarding interconnection to the City' s sewer system. Sincerely, a~ City Manager City of Fort Walton Beach cc Mr. John Hofstad, City of Fort Walton Beach Utilities Director Mr. Michael Beedie, P. E.,City of Fort