HomeMy WebLinkAbout1993 - Letters from ResidentsCity of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
November 4, 1993
Mr. & Mrs. Jack Speciale
3611 West Derry Drive
Park Place
Sebastian, FL 32958
RE: City of Sebastian Utilities Department Account No. 0910-01
Dear Mr. & Mrs. Speciale:
The City's Finance Department has given me your October 4,
1993 utility bill on which you wrote "Home vacated long ago. You
stopped and locked water service long ago. I don't owe you
anything anymore. Cancel billing."
If you remember, I wrote you a letter on July 2, 1993,
explaining why you are receiving a minimum bill each month. A copy
of my letter is attached. Let me explain briefly the essence of
what I stated to you in that letter as follows:
When the City of Sebastian took over the maintenance and
operation of the Park Place water and sewer systems from Indian
River County on May 1, 1993, it also assumed the policies of Indian
River County. One of these policies is that the County will
continue to bill a customer the minimum bill each month even though
the customer does not reside in the home, but still owns the home.
Although you do not reside at 3611 West Derry Drive, you do own the
home. Until you sell or rent the home to another individual who
nuts the account into his/her name, you will continue to receive a
minimum bill each month.
The County maintains that the minimum bill pays for a portion
of the system operation and maintenance costs, all debt service
costs, debt service reserve costs, renewal and replacement costs,
and construction fund costs. The County maintains that it does not
subsidize any class of customers, even those customers who no
longer reside at their utility account service address.
Page 2 of 2
November 4, 1993 Letter to Mr. & Mrs. Speciale
As Utility Director, I cannot arbitrarily waive your monthly
bill. I have brought the matter of issuing final water bills only
to customers who move away on a permanent basis to the City
Council. I cannot issue a "final sewer bill" because Indian River
County provides the sewage treatment and will continue to bill the
City of Sebastian until such time as the City can provide
wastewater treatment. The Council has requested more information,
which my staff has been gathering, before they make a final
decision. Until a decision is made by City Council to terminate
accounts when customers permanently move away, I cannot forgive
your monthly water bill. In no way can I forgive the monthly sewer
charges payable to the County.
Unfortunately, since you have not paid your utility bills
since June, 1993, I have been directed by the City Manager to file
a lien against your property. Should the outstanding balance on
your account remain unpaid by the end of November, the City will
take the necessary steps to file the lien. Therefore, I urge you
to please pay the outstanding balance on your account so that the
City need not take the contemplated legal action against you.
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
CC: Kay O'Halloran, Interim City Manager �V
Marilyn Swichkow, Finance Director
Charles Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 c FAX (407) 589-5570
July 2, 1993
Hr. Jack Speciale
3611 West Derry Drive
Park Place HH?
Sebastian, FL 32958
Re: City of Sebastian Utilities Dept. Acct. No. 000910-01
Service Address: 3611 West Derry Drive, Sebastian, FL
Dear Hr. Speciale:
Our City Finance Department, who processes all of the utility
bills, has transmitted to me your bill for the above account and
your handwritten note on it. Even though you have not occupied
your home at Derry Drive since last July as you stated, the
County's and City's policy is to bill you the minimum charges
including the S10.00 monthly surcharge. The 'Delinquent Payment"
computer printout from Indian River County shows that you owe a
total of $43.60 as of June 22, 1993.
Indian River County negotiated the takeover agreement in 1989
with Nelson Hyatt to acquire the ?ark Place system. This resulted
in a S10.00 per month surcharge to be paid to Nelson Hyatt by
mobile home owners in Park ?Lace who are customers of the
water/sewer system. Even though you rent the Land, you own the
home which is connected to the water/sewer system. Therefore, you
are obligated to pay the surcharge.
The City of Sebastian inherited the Park. Place system from
Indian River County an Hay 1, 1993. Subsequently, we have
inherited the policy of doing business as the County has done in
the past. That means that the County Rate Resolution and policies
were adopted by the City, through the takeover of operations. Some
Of these policies, such as the customer paying for water/sewer
after it has been shut off, are currently being reviewed by me. I
have found that Barefoot Bay (Florida Cities Mater Co.), Sebastian
Highlands (General Develooment Utilities), and Indian River County
all charge the minimum monthly bill after shut off of service.
This minimum bili pays for a portion of the system operation and
maintenance costs, all debt service casts, debt service reserve
costs, renewal and replacement casts, and construction fund costs.
By not paying the minimum bill each month under the current
policy, you will no Longer be allowed to have the water remain on
Page Two of Two
July 7, 1993 Letter to Sack Speciale
at your home. Service will be shut off and a lock will be placed
on the curb stop (valve), preceding the meter. Also, if the bill
remains outstanding for several months, the City most likely will
file a lien against your home for the oast due amount. To avoid
having a lien filed and accrual of penalty and interest charges. I
encourage you to continue paying your bill on a monthly basis until
such time as the policy will hopefully change.
Sincerely,
/I.44 -
Richard B. Votapka, P.E.
Utilities Director
RSV/nsv
cc: Finance Oepartmeat
a
LO a' 1 Sebastian1225 Main Street,
V^�P Sebastian•
ACCOUNT NUMBER SERVICE TO NEW TOTA DUE
PAS AFT
�(/A'(/� 0000000910-01 SEP 08 OCT V4, 93 .71
JACK & CAMILLE SPECIALE
3611 W DERRY DR.
D
SEBASTIAN FL 32958
ACCOUNT NUMBER SERVICE ADDRESS KEEP THIS PORTION FOR YOUR RECORDS
0000000910-01 3611 W DERRY DR.
IF YOU HAVE ANY QUESTIONS REGARDING THIS BILL PAYMENTS RECEIVED
PLEASE CALL SINCE LAST SILL
589-5330
$0.00
SERVICE METER READINGS USAGE BAUNG AND BASE
TYPE PREVIOUS CURRENT (1000'5) FACILITY CHARGE
WATER
10582 1058
SEWER
SERVICE RATE - SERVICE USED
TYPE CLASS POW ITO
WATER E:
SEWER WA01 01701 09/02
SW01 0@/09 09 /08
THVPACMR MESSAGES
U
G O
C.7 C7
W Cn
C
PAY THIS AMOUNT
AFTER DUE DATE
$181.41
WA - Water PN - Penalty
SW - Sewer SU - Surcharge
DATE RECEIVED
USAGE CHARGE
GAL $11.20 $0.00
GAL $15.50 $0.00
NUMBER
OFDAYSCity of
Sebastian
33
31 a
BILLING CODES
IR - Irrigation
CR - Credit
SU01
PENALTY
UTILITY TAX
FRANCHISE FEE
PLEASE PAY
THIS AMOUNT
HY - Hydrant
AD -Adjustment
DETACH
AND RETURN
THIS STUB WITH
YOUR PAYMENT
BILLING DATE
09/08/93
BALANCE FORWARD
CURRENTSIWNG
11.20
15.50
10.00
4.70
1.07
1.60
SR - Sewer Reserve jERUj
LF - Lift Sta. Charge
Dear Council Member:
It has been, lo, some two years since the Sebastian taxpayer was
told by City officials "we are going to acquire GDU. We will do so
by negotiated purchase or by legal means. We will offer water and
sewer at low rates`.
The plan, as we were informed, was to use Filbert Street Plant as
the nucleus of a city water system. Most folks realize that without
a nucleus, a cell or organizism is dead.
We are now advised, by the media, that the two million dollar
(appraised by paid consultants) system suddenly became worth 2.75
million dollars. Their board of directors reneged and countered
with an offer of some 3.25 million.
It would seem that skilled negotiators would have better read GDU's
bad faith negotiations. Council let them (GDU) off the hook by
accepting 105 parcels of some questionable value, waiving tastes and
other obligations while taking much property off the tat: rolls.
Their present arrogance and ridiculous price increase belies any
intention to bargain in good faith. Where are we now? What's our
next step?
Due to the facts and recent track record of City staff and their
consultants, it would seem the time to re-evaluate our position,
personnel, pocketbook: and taxpayer's viewpoints. Is there any
contingency plan? I believe the taxpayers would like to see some
credible answers forthcoming, and soon, from our elected officials.
A response from the Council body would, I believe, carry somewhat
higher credibility than simply one from the present City management
staff.
For example, I believe the citizens of Sebastian have every right to
demand answers to the following questions:
1.
What
are our alternatives (for water & sewer)
2.
What
'
-��--
3.
June 29, 1993
is the time frame, phasing
for each alternative?
4.
What
are the total cost estimates
City Council Members
5.
City of Sebastian
is proposed for funding for
Sebastian FL 32958
b.
Dear Council Member:
It has been, lo, some two years since the Sebastian taxpayer was
told by City officials "we are going to acquire GDU. We will do so
by negotiated purchase or by legal means. We will offer water and
sewer at low rates`.
The plan, as we were informed, was to use Filbert Street Plant as
the nucleus of a city water system. Most folks realize that without
a nucleus, a cell or organizism is dead.
We are now advised, by the media, that the two million dollar
(appraised by paid consultants) system suddenly became worth 2.75
million dollars. Their board of directors reneged and countered
with an offer of some 3.25 million.
It would seem that skilled negotiators would have better read GDU's
bad faith negotiations. Council let them (GDU) off the hook by
accepting 105 parcels of some questionable value, waiving tastes and
other obligations while taking much property off the tat: rolls.
Their present arrogance and ridiculous price increase belies any
intention to bargain in good faith. Where are we now? What's our
next step?
Due to the facts and recent track record of City staff and their
consultants, it would seem the time to re-evaluate our position,
personnel, pocketbook: and taxpayer's viewpoints. Is there any
contingency plan? I believe the taxpayers would like to see some
credible answers forthcoming, and soon, from our elected officials.
A response from the Council body would, I believe, carry somewhat
higher credibility than simply one from the present City management
staff.
For example, I believe the citizens of Sebastian have every right to
demand answers to the following questions:
1.
What
are our alternatives (for water & sewer)
2.
What
are the consequences (pro 84
con) •for each"
3.
What
is the time frame, phasing
for each alternative?
4.
What
are the total cost estimates
for each alternative?
5.
What
is proposed for funding for
each?
b.
What
will be the cost of service
to the average
family?
7.
What
is the environmental impact
of each alternative?
B.
Will
Federal/State/Grant funding
be available?
9.
What
is the potential use of the
105 GDC parcels in the effort
(as
sites, routes, resale value
for funding).
Once some affordable rationale is agreed upon by City Council, I
would strongly urge that viable options be placed before the voter
in the form of a public referendum to afford those footing the bill
the opportunity to participate and select the preferred option.
Democracy, I believe it is called.
Also, in recent months the staff has placed too many "hot potatoes",
bid waivers and oversights before Council with seemingly too little
time for proper review. This, by an administrative paid staff,
alleged to be charged with the management of our city. It is about
time the City Manager and staff were called upon to do so by our
elected officials.
The utilities issue is a great opportunity for Council to
demonstrate the leadership for which we elected you. Begin at once
to inform the public rather than depend upon the media to extract
what they can. I believe, and trust that you do, that a well
represented public will be a supportive one. Keeping constituents
informed is a part of such representation. So, too, is keeping
superiors informed, in a timely mariner to minimize surprises, the
mark of a competent subordinate. You have an obligation to the
voters to demand and expect nothing less from City staff.
We want to support those elected officials who demonstrate the
desire and act to represent us and provide firm and fair direction
and evaluation for and of the performance of the paid staff.
Let's accentuate our positive resources and accomplishments and worl::
toward improved relations among Council Members and with your
electors.
Water is Your opportunity to soar
Respectfully yours,
En L. M/g(ltib
307 Benschop Street
Sebastian FI_ 32958
407 388-1402
How do you stand?
City Council Work—op
July 7, 1993
Page Four
Item C - Bid Award = Barber Street Sports Complex
Electrical = Neuberger Electric - $6,847.00
Item D - Bid Award - Barber Street Sports Complex
Irrigation = United Irrigation - 516,650.00
Mr. Freeland expressed concern for overspending in
this year's budget.
MOTION by Freeland/Oberbeck
I move to approve items C and D.
ROLL CALL: Mrs. Damp -
aye
Mr. Freeland -
aye
Mayor Powell -
aye
Mr. Oberbeck -
aye
Mrs. Corum -
aye
MOTION CARRIED 5-0
7. MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
Mayor Powell 1) said money needs to be spent for
recreation for the city's youth; 2) said he would not
attend the next City Council meeting; and 3)
commended the 4th of July committee and city staff.
B. Vice -Mayor Frank Oberbeck
Mr. Oberbeck 1) commended the 4th of July committee;
2) discussed the current ordinance which does not
allow the use of adjoining residential properties for
parking, etc. and recommended staff review. The
Director of Community Development responded that a
vacant lot must have a principal use to allow
accessory uses, however, said the code could be
amended. It was the consensus of City Council to
have staff look into it. Mr. Oberbeck 3) said check
registers had been submitted to City Council as
requested; 4) said he hoped staff would respond to
Mr. Maggard's letter and submitted the letter to the
City Clerk.
4
.-.
MEMORAADUM
& Mrs.
Robert Allgor
1036
W.
Lakeview Drive
Mr.
& Mrs.
Oran Allen
2202
DATE: November
7,
1993
& Mrs.
Robert Ardinger
2084
E.
Lakeview Drive
Mr.
& Mrs.
TO: Kay O'Halloran, Interim City Manager/City Clerk
FROM: Richard Votapka, Utilities Director ro% /
SUBJECT: Letters from Park Place Residents
On November 8, 1993, the attached letter I wrote was sent to the
following Park Place residents in response to a form letter (also
attached) I received regarding the connection of the Park Place
Water System to the GDU Water System:
Mr.
& Mrs.
Robert Allgor
1036
W.
Lakeview Drive
Mr.
& Mrs.
Oran Allen
2202
E.
Lakeview Drive
Mr.
& Mrs.
Robert Ardinger
2084
E.
Lakeview Drive
Mr.
& Mrs.
John Browne
3200
E.
Derry Drive
Mr.
Ronald
Campbell
2204
E.
Lakeview Drive
Mr.
& Mrs.
Edward Corr
3395
S.
Derry Drive
Carol A. Demers
1215
Brigadoon
Drive
Mr.
& Mrs.
Michael DiMaina
3405
Heatherway
Lane
Mr.
& Mrs.
Ronald Evans
3429
Heatherway
Lane
Mr.
& Mrs.
Dominic Federico
2085
E.
Lakeview Drive
Mr.
& Mrs.
Richard Gee
3403
Heatherway
Lane
Mrs.
Rita
V. Hafner
2053
E.
Lakeview Drive
Mr.
& Mrs.
James Kelly
3002
N.
Derry Drive
Mr.
& Mrs.
Ralph Lotan
3204
E.
Derry Drive
Mr.
& Mrs.
Peter Magnifico
3319
E.
Derry Drive
Mrs.
Barbara
Marks
2124
E.
Lakeview Drive
Francis H.
Miller, Sr.
3613
W.
Derry Drive
Mr.
& Mrs.
Harry Miller
2067
E.
Lakeview Drive
Mr.
& Mrs.
Ralph Mills
3421
Heatherway Lane
Mr.
& Mrs.
Joseph Morozowski
3426
Heatherway Lane
Mr.
& Mrs.
Chester Moyer
3000
N.
Derry Drive
Mrs.
Prudence A. O'Keefe
1025
W.
Lakeview Drive
Mr.
& Mrs.
Robert Paul
2056
E.
Lakeview Drive
Mr.
& Mrs.
Kenneth Petch
2076
E.
Lakeview Drive
Mrs.
Barbara Pitiak
3621
W.
Derry Drive
Mr.
& Mrs.
Eugene Ralph
1002
W.
Lakeview Drive
Mr.
& Mrs.Paul Tompkins
1004
W.
Lakeview Drive
Mr.
& Mrs.
Mike Trumitch
2115
E.
Lakeview Drive
Mrs.
Gilda
Tuccio
1037
W.
Lakeview Drive
Mr.
& Mrs.
Thomas VanValkenberg
1006
W.
Lakeview Drive
Mr.
& Mrs.
William Vogler
2065
E.
Lakeview Drive
Ms.
Ella Volbrath
2064
E.
Lakeview Drive
Mr.
& Mrs.
George Webster
3206
N.
Derry Drive
Mrs.
Lillian Yodice
2118
E.
Lakeview Drive
NNNO/PP
City of Sebastian
Utilities Department
1225 Main Street
Sebastian, FL 32958
Dear Mr. Votapka,
We at Park Place are very concerned about the possibil-
ity of being connected to the trouble plagued General
Development water system. Please take whatever action is
necessary to stall the occurrence of this until the cancer
causing compounds are eliminated. We don't need more health
worries over and above those that many of us in this "over
55" park already have to cope with.
Sincerely,
SIORLTUU (S)
✓� U J� / A,i � .!-/IA//l.i//1� �VAL IifAY
[� Ttu�•7•IT'Ti
7 /9� 3
DAIS
November 4, 1993
I-
2 -
Park Place
Sebastian, FL 32958
RE: Park Place Connection to General Development Utilities
Water System
Dear 5':
I have received your letter and several other identical
letters from the residents of Park Place in regard to the future
connection of the Park Place Water System with that of the existing
General Development Utilities (GDU) Water System. The City of
Sebastian is in the process of acquiring the GDU water system. The
projected acquisition date is scheduled for December 16, 1993.
Once the City takes over operation and maintenance of the GDU
system, it plans to install a trihalomethane (THM) control system
prior to connecting the Park Place system to the City (GDU) system.
Currently, the U.S. Environmental Protection Agency does not
require any water system within the United States that serves fewer
than 10,000 residents to install a trihalomethane control system.
This is attributed to the fact that based on laboratory tests on
mice, the health risk is such that a consumer would have to drink
two liters of water, 365 days of the year for the next 70 years to
incur a one (1) in 10,000 chance of contracting cancer when the THM
level exceeds 100 parts per billion. Personally, I think the risk
of cancer is small, but nevertheless, because of the fact that
there is a slight risk that the water may have carcinogens in it,
the Sebastian City Council has expressed a strong desire to
eliminate that risk by installing a THM control system. The THM
control system must be operational prior to supplying water from
the City (GDU) system to the Park Place system.
The purpose of connecting the Park Place water system with the
City (GDU) system is to eliminate the operation of two treatment
plants, to provide greater storage volume of water for fire
protection, to provide lime softening for the Park Place water
customers, and to have one uniform system of utility rates for a
consolidated system so that rates do not have to be analyzed
separately for two independent systems.
.-.
/\
Page 2 of 2
November 4, 1993 Letter to 5 -
Hopefully, I have satisfied the concerns you and your fellow
Park Place residents have expressed. Should you have any
additional questions, I would be happy to address them.
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
CC: Kay O'Halloran, Interim City Manager/City Clerk