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HomeMy WebLinkAbout1990 - CorrespondenceCity of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 R SUBJECT: ) Agenda No. 9D•0 //� U Dept. Origin: Community Development�N- Date Submitted! 03/08/90 Approved For Submittal By: ) For Agenda of: 03/14/90 . ) Exhibits: Memo from Bruce City Manager Vv - ) Cooper, dated 11/8/88 EXPENDITURE AMOUNT APPROPRIATION REQUIRED! BUDGETED: REQUIRED! SUMMARY STATEMENT The City will need to purchase additional E.R.U.'s for the North County Sewer Project. Specifically, the new police facility and City garage were not included in the original purchase of 14 E.R.U.'s for City owned buildings. Attached is a list of City projects and the amount of E.R.U.'s the City has purchased. Ernestine Williams, Manager of Project Administration for the North County Sewer, has informed us that the remaining amount of E.R.U.'s to be purchased are being sold at a steady pace and will not be available soon. I� The cost to purchase the necessary E.R.U.'s for the following projects: 1. Police Facility - 4 E.R.U.'s @ $1366.00 = $5464.00 2. City Garage - 3 E.R.U.'s @ $1366.00 = $4098.00 Total --------- $9562.00 This expense will be charged to the respective project budget. RECOMMENDED ACTION Move to authorize the City Manager to purchase E.R.U.'s for the Indian River County Sewer Project to serve the new police station and City Garage. City of Sebastian POST OFFICE BOX 780121 o SEBASTIAN, FLORIDA 32979 TELEPHONE (407) 589-5330 M E 11 0 TO: Ms. Ernestine Williams Manager, Project Administration FROM: Bruce Cooper Building Officiale THROUGH: Robb McClary City Manager DATE: November 8, 1988 SUBJECT: ERU Attached are the application forms to represent the City Of Sebastian's commit- ment to participate in the I.R.C. sewer project for all City owned properties that have improvements. Below is a list by name and tax parcel number and the estimate of ERU's: 1. 06 31 39 00005 0002 00001.0 City [fall Council Chambers Building North of Council Chambers Ambulance Building TOTAL 2. 22 30 38 00001 0000 00000.1 Golf. Course/Restaurant -3. 30 30 38 00001 0020 00001.0 Community Center 4. 06 31 39 00000 0060 00007.0 Yacht Club 5. 06 31 39 00011 O010 00001.0 Riverview Park 6. 06 31 39 00011 0010 00001.0 Library & Police Station BC/ldf 10,118.5 Sq.Ft. 3,921.38 Sq.Ft. 1,703.00 Sq.Ft41 2,079.74 Sq.Ft. 17,822.62 Sq.Ft. Divided by 3,000 = 5.94 or 6 ERU 3 ERU 1 ERII I ERU 1 ERII 2 ERU TOTAL: 14 ERU `6,078 Regular City Council eeting /'► March 14, 1990 Page Eight 90.07,8 B. Purchase ERU's for Sanitary Sewer Service with Indian River County for New Police Station and New City Garage (Staff Recommendation `dated 3/8/90, Memo from Director of Community Development dated 11/8/88) MOTION by Oberbeck/McCollum I move we purchase four ERU's for the police station and three ERU's for the city garage at a cost of $9,562. ROLL CALL: Mayor Votapka - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 3-0. 14. MAYOR'S MATTERS Mayor Votapka announced the March 19, 1990 Special Meeting for investiture of new officers and the March 21, 1990 Special Meeting regarding review of the scope of services for the Airport Community Compatibility and Master Plan. 15. COUNCIL MATTERS A. Vice Mayor McCarthy Absent. B. Councilman McCollum In response to Councilman McCollum, the City Planner said that ads for request for qualifications for architects for the new police facility will be placed sometime next week. In response to Councilman Oberbeck, the City Manager said the signed dedication agreeement for the Chesser Gap site had not yet been sent back by Sebastian General Partnership, B.F.T. C. Councilman Oberbeck Councilman Oberbeck stated, regarding the recent bill. from Eliot Cutler in the amount of $4889 for preparation of a resolution he advised against adopting, that he hoped this would never happen again. 91 .-. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 April 9, 1990 Mr. Terry Pinto Director of Utilities Indian River County 1840 25th Street Vero Beach, FL 32960 Re: North County Sewer Project Dear Mr. Pinto: The installation of the North County Sewer Project is apparent to all. However, we know very little about the system, how it will operate, or how a property owner will connect and how much it will cost. We are especially concerned because we understand that this system is to be a pressure system with force mains. Will you meet with the Sebastian City Council at its upcoming Regular Meeting of April 25, 1990 at 7:00 p.m., at the Sebastian City Council Chambers? We ask you that you and your consulting engineer brief the City Council on the status of the project, including a description of how the system will work and how a customer will connect to the system and the expenses a customer should expect in order to connect to the system as well as a time frame on when the system will be in place and working. I ask that you call City Manager, Robb McClary to let him know if you will be meeting with us on April 25, 1990. Sincerely, W.E. Conyers Mayor RSM/jmt cc: Sebastian City Council City of Sebastian POST OFFICE BOX 780127 B SEBASTIAN, FLORIDA 32978 "ELEPHONE (407) 589-5330 FAX (407) 589-5570 DATE: May 10, 1990 TO: W.E. Conyers, Mayor & Sebastian City Council Members The attached letter was sent certified mail to each County Commissioner. City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 May 10, 1990 Certified Mail Ms. Carolyn K. Eggert Chairman, Indian River County Commission Indian River County 1840 25th Street Vero Beach, FL 32960 Re: North County Sewer Project Dear Commissioner Eggert: On April 9, 1990, I wrote to the County Director of Utilities, Terry Pinto, and asked that he attend a Regular City Council Meeting on April 25, 1990 to discuss the North County Sewer Project. Specifically, I asked that he and the consulting engineer brief the City Council and the public on the status of project, including a description of how the system will work and how a customer will connect to the system and the expenses a customer should expect to pay in order to connect to the system as well as an overall time frame of when the system will be in place and working. Mr. Pinto responded that he wanted to meet with me privately in his office. I did not want to meet with Mr. Pinto privately because of the appearance of a secret meeting. Additionally, such a meeting wopld not provide general information to the public about the system, which is what I asked for. For your information, I'm enclosing the letter I sent to Mr. Pinto on April 9, 1990. To say the least, I was surprised at Mr. Pinto's refusal to meet with citizens of Sebastian. I consider his refusal as unprofessional and inappropriate. As an elected official, I have been asked many questions about the North County Sewer Project. The people in Sebastian want to know how this sanitary sewer project is going to affect them. Will you provide a representative of the County to attend a public meeting in Sebastian to conduct a public briefing on the North County Sewer Project? I look forward to hearing from you in the near future. Sincerely, W. E. Co ers Mayor RSM/jmt Encl. CC: Members Sebastian City Council City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 April 9, 1990 Mr. Terry Pinto Director of Utilities Indian River County 1840 25th Street Vero Beach, FL 32960 Re: North County Sewer Project Dear Mr. Pinto: The installation of the North County Sewer Project is apparent to all. However, we know very little about the system, how it will operate, or how a property owner will connect and how much it will cost. We are especially concerned because we understand that this system is to be a pressure system with force mains. Will you meet with the Sebastian City Council at its upcoming Regular Meeting of April 25, 1990 at 7:00 p.m., at'the Sebastian City Council Chambers? We ask you that you and your consulting engineer brief the City Council on the status of the project, including a description of how the system will work and how a customer will connect to the system and the expenses a customer should expect in order to connect to the system as well as a time frame on when the system will be in place and working. I ask that you call City Manager, Robb McClary to let q1m know if you will be meeting with us on April 25, 1990. Sincerely, W.E. Conyers" Mayor RSM/jmt CC! Sebastian City Council City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 M E M O R A N D U M DATE: May 8, 1990 TO: Mayor W. E. Conyers`�% FROM: Robert S. McClary / ,4. , On April 9, 1990 you asked Terry Pinto, Indian River County Utilities Director, and his consulting engineer to meet with the City Council to brief the City Council and the public on the sewer system being installed in the City of Sebastian. You asked Mr. Pinto to confirm his attendance with me. I have since talked to Mr. Pinto and he has requested a meeting with you in his office in order to brief you personally on the system prior to any public meeting. I explained to Mr. Pinto that you would not be interested in meeting with him due to any appearance of a secret meeting. Consequently, Mr. Pinto declined the City's invitation to meet with the City Council for a public briefing. I would appreciate direction from you or the City Council on how to proceed. /jmt cc: Terry Pinto, Director, Indian River County Utilities Director Members Sebastian City council (with attachment) City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 April 9, 1990 Mr. Terry Pinto Director of Utilities Indian River County 1840 25th Street Vero Beach, FL 32960 Re: North County Sewer Project Dear Mr. Pinto: The installation of the North County Sewer Project is apparent to all. However, we know very little about the system, how it will operate, or how a property owner will connect and how much it will cost. We are especially concerned because we understand that this system is to be a pressure system with force mains. Will you meet with the Sebastian City Council at its upcoming Regular Meeting of April 25, 1990 at 7:00 p.m., at the Sebastian City Council Chambers? We ask you that you and your consulting engineer brief the City Council on the status of the project, including a description of how the system will work and how a customer will connect to the system and the expenses a customer should expect in order to connect to the system as well as a time frame on when the system will be in place and working. I ask that you call City Manager, Robb McClary to let lAm know if you will be meeting with us on April 25, 1990. Sincerely, W.E. Conyers Mayor RSM/jmt CC! Sebastian City Council :aT_li�j�°� TRAILER FAR INCI s 1 !6 INDIAN RIVER DRIVE, BOX 13 S BASTIAN, FLORIDA 32958-4126 1 (407) 388-5221 11, 1990 Board of County C,,mmiss tonerst Attention - Mrs Scurlock Indian River County Vero Beach, Florida Dear Airs scurlocict We, the undersigned, as owners of property located on Indian River Drive in Sebastian, Florida to requoet the followingt (1) that you continue to pursue the type of system v!e ere to receive algng our street and answer the necessary quest+.ons that the Sebastian City Council has pried to you cencernin,g the probbems ort the step type sewer system which we spnose because of the added cost of maintenance after the system is installed ae eppoeed to no cost of the gravity system which is virtusily oeet-free after installation (2) that your office persuade Mrs Pinto, the utility director, to furnish ccmiparison of cost of the two systems; if there is a "Special assessment roll" or do individuals who receive this step system aro to be levied on each property; (3) that Wour office advise Mrs Pinto that we, the undersigned, are indeed signed" up two years ago for the "gravity" system and according to the franoise, even those that are not signed up could be forced to hook up later on to whatever system you choose to installl thus, all citizens will eventually be affooted by decisions thaT­ars being made at this time. (4) that we, the undersigned, live on a fixed income and feel that all citizens should k n o w all the costs as soon as possible (5) that we, the undersigned, have investigated beth systems and find the gravity system to be the most feasible, even if the cost of another lift station is assessed to get our preference. to (6) that we, the undersigned, trust your staff to see what ` is financially sound, not only to the give-nment, but to the people. CC* Sebastian City ouneil Attnt Mayor Conyers Respectfully submitted Nam �{ Phone ,I Acs Fame Phone Fos - ea Cl) p D J e'�r rrcJ� a.��ae ��P�rP�I� ,ri0• City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 M E M O R A N D U M DATE: May 15, 1990 TO: W.E. Conyers Mayor FROM: Kathryn M. O'Halloran, CMC/AA City Clerk RE: Indian River County - Utilities Department - Public Meeting - 5/24/90 @ 7:00 P.M. - Community Center --------------------------------------------------------------- In accordance with our phone conversation today, this memo is to inform you that Ernestine Williams of the Indian River County Utilities Department contacted this office on Thursday, May 10, 1990 to request use of the Community Center on Thursday, May 24, 1990 at 7:00 p.m, to hold a public meeting on the North County Sewer Project. In order to concur with her request, we contacted Tom Mead, Director of North Indian River County Recreation to request that his aerobics class at the Community Center be cancelled to accommodate the County. He agreed. We then contacted Ms. Williams to schedule the use and informed her there would be no cost involved since historically we have cooperated with governmental agencies by allowing use of our facilities to inform citizens on matters of concern to the general public. Ms. Williams informed this office that her office would be noticing the meeting in the Press Journal and, at my suggestion, the Sebastian Sun. She also said that notices were being mailed to parties who had purchased ten or more E.R.U.s. We posted our own notice (see attached) on the front board of city hall to inform the public that one or more council members may attend the meeting and copied it to Council. sam City of Sebastian n POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA Please be advised: One or more members of the City Council of the City of Sebastian, Indian River County, Florida, may attend a Public Meeting held by the Indian River County Utilities Department regarding the North County Sewer Project on Thursday, May 24, 1990, at 7:00 P.M. at the Sebastian Community Center, 1805 North Central Avenue, Sebastian, Florida. Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian, Florida City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 May 16, 1990 Mr. Terrance G. Pinto Director of Utility Services Indian River County 1840 25th Street Vero Beach, Fl, 32960 Re: Franchise Fee Dear Mr. Pinto: In your letter to Mayor W. E. Conyers, dated May 10, 1990 you indicate that Sebastian has not imposed a franchise fee to the customers of Indian River County Utilities. This is not correct. Section 9 of Resolution No. R-87-6, which granted a franchise to Indian River County for water and sewer services states: Within the first two (2) weeks of August of each year, the county, its successors or assigns, shall pay to the city an amount of money which will equal six (6) percent of the county's gross revenues from the sale of water and sewer services to all of its customers within the franchise territory. Each such franchise fee shall be for the twelve-month period ending July 31 immediately preceding such payment date. The county may designate that portion of a customers bill attributable to the franchise fee as a separate item on such bill. Any interest earned by the county on said fees shall be paid to the city. Should you need additional information about the franchise granted to Indian River County, will you please call? Si rely Robert S. McClary City Manager RSM/jmt cc: W.E. Conyers, Mayor & Sebastian City Council Carol Carswell, Finance Director Telephone: (407) 567-8000 May 17, 1990 C(?: BOA. OF COUNTY COMMISSIOA7RS 1840 25th Street, Vero Beach, Florida 32960 SUBJECT: NORTH COUNTY SEWER SYSTEM Dear Property Owner(s): Suncom Telephone: 224-1011 The Division of Utility Services of the Indian River County Board of County Commissioners will hold a public informational meeting on Thursday, May 24, 1990, at 7:00 p.m. at the Sebastian Community Center, 1805 North Central Avenue, Sebastian, Florida. The purpose of the meeting will be to discuss the North County Sewer System, which is presently under construction. We want to be sure that you receive all information that is available regarding the project and would hope that you will attend the meeting. We look forward to seeing you at the meeting questions, please do not hesitate to call us. S ie/l'y , 4Z=1 NCE 4� PINTO Director of Utility Services TGP/EWW:nr (NOCOSWR.TGP) If you have any q f-. The Division of Utility Services of the Indian River County Board of County Commissioners will hold a public informational meeting on Thursday, May 24, 1990, at 7:00 p.m. at the Sebastian Community Center, 1805 North Central Avenue, Sebastian, Florida. The purpose of the meeting will be to discuss the North County Sewer System, which is presently under construction. We want to be sure that you receive all information that is available regarding the project and would hope that you will attend the meeting. We look forward to seeing you at the meeting questions, please do not hesitate to call us. S ie/l'y , 4Z=1 NCE 4� PINTO Director of Utility Services TGP/EWW:nr (NOCOSWR.TGP) If you have any City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 M E M O R A N D U M Date: June 5, 1990 To: Robert S. McClary, City Manager From: Larry W_ Napier, Assistant Finance Director- Ll- Re: irector Re: Rate Increase Request for Sebastian Lakes Utility Company On January 10, 1989, a rate increase request totaling 84% was filed by Sebastian Lakes Utility Company. The financial information furnished was incomplete and in need of updating. Since the requested increase was some 64% higher than the cap of 20% contained in section 109 of the franchise, a legal opinion was prepared by the City Attorney. The legal opinion stated, in part, that according to section 120 of the franchise the utility company would need to provide legal justification for the avoidance of the 20% cap set forth in section 109 of the franchise. Accordingly, on April 28, 1989, the utility company asked for the withdrawal of the pending rate increase request to update the financial information contained therein. City Council granted the withdrawal of the rate increase on May 10, 1989. On October 11, 1989 the company made another application for a increase but submitted copies of the same data that had previously been withdrawn. Therefore, more current financial information was requested from Rochlin & Cohen CPA's which was received on April 25, 1990 and contained a request for increases totaling 254%. After analysis of the updated information, four additional items were requested from Rachlin & Cohen CPA's: 1. What is the gross and net income and the actual number of customers for 1989 and what is the amount of an average billing and a copy of same? 2. How much money is in the renewal & replacement account and how much interest is earned per year? 3. Is the $1,000 sewer impact fee per unit included in the rate base? 4. Is all of the utility's water purchased from GDC? I was told verbally by Lisa Layne CPA there were 64 customers, the impact fee was never collected and all of the water is purchased from GDU_ No other information has been received since that time. The following is my analysis based upon the information received: Current Requested Percentage Recommended Percentage monthly by company increase by staff increase WATER $12.20 $30.26 149% $20.95 72% SEWER 14.80 65.19 341% 29.60 100% TOTALS $27.00 $95.45 254% $50.55 88% FRESE. FALLACE, NASH & TORPY, P.A. ATTORNEYS AT LAW GARY B. FRESEt 8.30 S. HARBOR CITY BLVD. JAMES H. FALLACE SUITE 606 CHARLES IAN NASH MELBOURNE, FLORIDA 32901 VINCENT G. ToBPY. JR. (407) 984-3300 ELISE A. SINGER — RICHARD E. TORPY PAX (407) 951.3741 GREGORY S. HANSEN J. PATRICK ANDERSON RECEIV D -' U! 1 81990 t Twxwrmx RwF�En ,x WILLIAM A. GRIMM OF COUNSEL July 17, 1990 Robert S. McClary City Manager City of Sebastian P.O. Box 780127 Sebastian, FL 32978 RE: Sebastian Lakes Utility Rate Request Dear Robb: • BOARD CERTIFIRn IN ERTATE PI ,,N,Nn ANn PROBATE This letter is in reference to your letter dated June 20, 1990, regarding the proper method for changing utility rates for Sebastian Lakes Utilities. After review of the ordinance, I believe any rate change should be accomplished by ordinance. The franchise ordinance regarding this matter specifically states "that rate increases are subject to the approval of City Council after public hearing thereon". Article X, Section 109 Code of Ordinances, City of Sebastian. This section makes the issue arguable as to whether a rate change requires an ordinance, or simply a resolution. First, rate changes are generally temporary in nature, considering the fact that they are subject to change every three years. Therefore, pursuant to Section 166.041 of the Florida Statutes, rate changes could be considered an expression of a temporary character which can be adopted by resolution. The other side of the issue, however, is in considering that a public hearing on the rate increase is required by the ordinance itself. The ordinance appears to contemplate that a public hearing will be held, not on the legislation, but on the size of the rate increase itself. Therefore, since a public hearing must be held, I believe it would be prudent to adopt any rate change by ordinance, rather than resolution. Further, Florida law requires that ordinances be amended by supplemental ordinance. Accordingly, I conclude that in order to change rates for the Sebastian Lakes Utility, it will be required to have an ordinance and public hearing on the issue since these rates were first established by ordinance. Robert S. McClary City of Sebastian July 17, 1990 Page -2- Your second question was whether you must use a consulting engineer in order to determine whether a rate adjustment is required. Article X, Section 109, clearly states that the consulting engineers of each of the parties shall meet and determine whether a rate adjustment is justified after reviewing all costs. Therefore, the ordinance contemplated that a consulting engineer would make a recommendation as to whether a rate adjustment is necessary. The ordinance does not, however, preclude the consulting engineer from being an employee of the City of Sebastian. This ordinance was passed in September of 1985, at a time when the City of Sebastian probably did not have a staff engineer. Therefore, I believe it would be acceptable for one of the City's engineers to act as a "consulting engineer" for the purpose of determining whether a rate adjustment is necessary. In order to eliminate the requirement of having a recommendation of a consulting engineer, however, it would require an amendment to the ordinance to eliminate this language. If you have any further questions regarding this matter, please contact me. I look forward to hearing from you. Sincerely, FRESE, FALLACE, NASH & TORPY, P.A. Richard E. Torpy RET/lbg City of Sebastian ra, POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 September 21, 1990 Charles I. Nash Attorney At Law 930 South Harbor City Blvd. Riverside Center Suite 505 Melbourne, FL 32901 Re: General Development Utilities Franchises Dear Charlie: I have recently met with Indian River County Officials to discuss the General Development Utilities ("GDU"). General Development Utilities is currently operating under two franchise ordinances granted by the City of Sebastian. At a Special Meeting of the Sebastian City Council held on March 29, 1989, the City Council authorized the City Manager to enter into negotiations with Indian River County whereby the City of Sebastian would serve as the catalyst and vehicle for Indian River County to acquire the systems currently owned by GDC and other utility companies. Since that time, Indian River County has acquired the Park Place utility system and has discussed a possible acquisition of the Sebastian Lakes water and sewer utilities. However, Indian River County Officials indicate that GDU would prefer not to negotiate with Indian River County. Indian River County Utilities Director, Terry Pinto and County Attorney, Charles Vitunac have suggested that the City may be able to assign its rights under the franchise ordinances relating to the City's ability to acquire GDU. For your review, enclosed is a draft of an assignment from the City of Sebastian to Indian River County which was prepared by the County Attorney's office. I shall appreciate your earliest review and comment on this matter. We may want to place this item on a future City Council Workshop Meeting Agenda. Also, I have copied the minutes of the March 29, 1989 Special City Council Meeting for your information. Should you have questions or concerns, will you please call? Since Robert S. McClary City Manager RSM/ j mt Attachment cc: W. E. Conyers, Mayor & Sebastian City Council Terry Pinto, Directorindian River County Utilities