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Board approves DEP grant wastewater hookup recommendation after debate over mandatory connections
Summary
The board voted to approve the town’s DEP grant wastewater hookup recommendation after discussion about mandatory hookup rules, timing for customer notifications, and potential availability fees; speakers and staff differed on whether DEP grants require mandatory connections.
The Town of Lake Placid Utility Advisory Board approved a motion to “approve the DEP grant wastewater hookup recommendation” after extended discussion about whether mandatory customer hookups are required by state law or DEP grant conditions and how the town should recover costs.
The board’s motion, as read during the meeting, approved the packet recommendation and will be forwarded to the town commission. The roll call recorded affirmative votes by Pam Brewer, Jack Conley and Matt Elliott.
Utility Director Hector Berg explained the typical process laid out in the materials: when a sewer line is constructed the town must notify property owners while line construction is underway, send a second notice when the line is in front of a property, and then property owners have 365 days after that notice to connect. Berg said the staged notification process is contained in the statute and the model ordinance staff shared from Palm Bay, which mirrors Florida statute language.
Board members discussed two reasons the town might adopt mandatory hookups: revenue stability for the utility (so pipes in the ground are used and the system can be sustained) and compliance with DEP funding expectations. Berg cautioned that without mandatory hookups “you’re not gonna get any more connections” and that the availability of grant funding is typically conditioned on formal asset-management and connection plans, but he also acknowledged there is some nuance in state law and local ordinances.
Public commenters and board members raised conflicting views about the statutory requirement. Resident Pam Pintros said House Bill 1379, effective July 1, 2023, makes hookups mandatory with limited exceptions, and urged the board to treat hookup policy as mandatory where allowed. Pintros said, “House Bill 1379 that went into effect 07/01/2023 states that it's mandatory. There's little caveats.”
Other participants noted the statute and model ordinance language contain variance provisions. One board member said they had used an AI search and could not find a single statute explicitly saying a DEP grant is categorically denied when mandatory hookups are not required; staff recommended directly confirming DEP policy with DEP staff to be certain.
The board also discussed alternatives to strict mandatory hookups: creating an availability fee for properties where sewer is available but the owner declines to connect (a model some neighboring jurisdictions use), low-interest loans and multi-year repayment plans placed on utility bills, and targeted assistance for low-income homeowners. Hector Berg and other staff said specific fee or financing programs would require later ordinance drafting and additional review.
Outcome: The advisory board voted to approve the DEP grant wastewater hookup recommendation as presented and will forward that recommendation to town commission. The board did not adopt a town ordinance at the meeting and did not set final mandatory-connection language; staff will follow up with DEP and draft any necessary local ordinance language or financing options for future board or commission consideration.
Next steps identified in the meeting: staff will consult DEP to clarify grant conditions related to mandatory hookups, return with ordinance language or fee proposals if required, and coordinate outreach and notification timing if and when lines are constructed.
