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HomeMy WebLinkAbout1991 07 10 - CM TransmittalA48%, City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: Water & Sewer Approved For Submittal By: City Manager 65 � n^' �_ Dept. of Origin: City Manager Date Submitted: 07/03/91 For Agenda Of: 07/10/91 Exhibits: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT At its Regular Meeting of June 26th, the Sebastian City Council formally received a report from its consulting engineers, Hartman & Associates, Inc., and its special legal counsel, Thomas Cloud. The report detailed findings and recommendations of the City providing water and waste water services within the City limits. The report concluded that it is in the City's best interest to pursue the acquisition of the water and waste water facilities owned by both GDU and Indian River County, which are situated within the City. The report further recommends that the City begin to "unbuckle" current agreements with Indian River County and to replace those agreements with new inter -local agreements which address service areas, flow diversions, cooperation, inter- connections, wholesaling, transmission cost sharing and host of other issues. I encourage the City Council to look at its actions in getting into the water and waste water utilities as an "irrevocable" decision. Indian River County has been more than cooperative with the City in both providing water and sewer services within the City and agreeing to relinquish its franchise and work with the City to allow the City to provide water and sewer services within the City. However, we should not view Indian River County as a safety net should we pursue providing water and waste water services. In other words, we should be prepared to make immediate and long term commitments to plan, implement, and provide services to the City. To that end, the City should be taking certain steps immediately to begin the lengthy process of developing water and waste water services to the City. First, the City should appoint its initial Utilities Department staff, consisting of, at a minimum, a Utilities Director and support services. The City should have a Utilities Director on board to build the Utilities Department from from the ground up. Initially, the Utilities Department will be the coordinator between all the efforts to unbuckle County agreements and to acquire GDU and certain County facilities. This will mean coordinating and developing strategies involving legal, engineering, financial, and public relations efforts. Second, the City will need to appoint consulting engineers to assist in the negotiations with the County but more importantly in the required engineering evaluations for the acquisition of the GDU facilities. Third, the City will need to appoint special legal counsel whose experience and expertise lies in the field of publicly owned utilities and public acquisitions of private utility systems. RECOMMENDED ACTION I recommend that the City Council initiate three (3) concurrent efforts: 1. Authorize the position of Utilities Director and clerical support and direct the City Manager to hire individuals to these positions. 2. To engage special legal counsel. Given Tom Cloud's unique background and expertise, I recommend that we negotiate an engagement with him. 3. To engage consulting engineers. The engagement of consulting engineers must be in compliance of Chapter 287, Florida Statutes, known as the "Consultants Competitive Negotiations Act". City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT:GDU Franchise Assignment Approved For Submittal By: City Manager EXPENDITURE REQUIRED: Dept. of Origin: City Manager Date Submitted: 08/22/91 For Agenda Of: 08/28/91 Exhibits: - Resolution No. R-91-31 - Termination Agreement AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: On December 12, 1991, the City entered into an agreement with Indian River County whereby the City assigned its rights under the GDU Franchise to Indian River County. These rights included the ability to purchase GDU facilities within the City. On July 10, 1991 the City Council adopted a briefing document, referred to as the "Hartman Report" which contains specific recommendations which would create a City owned water and sewer utility. Those recommendations included an "unbuckling" agreement between the City and the County to nullify the GDU Assignment Agreement. The attached Resolution and Agreement would have the effect of nullifying the December 12, 1990 Assignment Agreement. RECOMMENDED ACTION Move to adopt Resolution R-91-31. VU3 � DATE: TO: FROM: STAFFED AND PREPARED BY: SUBJECT: ,.. UTIL (SEBRATE.HEAj'):rb INDIAN RIVER COUNTY AGENDA ITEM NOVEMBER 12, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PI DIRECTOR OF UT HARRY E. ASHER ASSISTANT DIREC OR bF UTILITY SERVICES RECEIVE Wi AGREEMENT FOR THE DEVELOPMENT OF CHARGES FOR PROVIDING WHOLESALE WASTEWATER SERVICES TO CITY OF SEBASTIAN On April 3, 1990, the Board of County Commissioners approved the Department's proposed agreement with CH2M Hill to furnish Economic and Financial Consulting and Services as may be authorized by the County from time to time. Task One of the agreement was to perform a complete study and review of the utility ordinance and rate and charges in effect at that time. Task One of the agreement was completed and on March 12, 1991, the Board of County Commissioners adopted Ordinance 91-9 and Resolution 91-31 adopting the rates, fees, and charges for use by the Department of Utility Services effective April 1, 1991. ANALYSIS• As the Board of County Commissioners is aware, the City of'Sebastian has requested a revocation or cancellation of the franchise given to the County to provide water and wastewater service within the city limits of the City of Sebastian. The County has agreed to relinquish its franchise rights within the City and on March 13, 1991, the County sent a letter to the City offering to relinquish its franchise rights. On April 5, 1991, the City conditionally accepted the County's offer subject to completion of the necessary documents containing the terms and conditions acceptable to both parties, so that agreements, ordinances, and resolutions may be rescinded in such manner as to not impact third parties. The County and City staff members have met on several occasions to work out interim plans to effect the set)aration of the utility systems and are developing the provisions of.an interlocal agreement as an acceptable way to satisfy the concerns of all parties. One provision of the interlocal agreement would be for Indian River County to accept and treat wastewater generated within the wastewater system owned and operated by the City of Sebastian. This provision will require the County to "Develop a nondiscriminatory, cost -of -service rate to be charged to the City for treatment of the wastewater, which rate shall take into account the fact that the City is utility service provider for all classes of units --within the City. The rates and components which make up the rates would be attached and incorporated into the agreement." The Department reviewed these requirements with CH2M Hill, its rate consultant, and requested a Scope of Services for the development of rates and charges for providing wholesale wastewater service to the City of Sebastian. The fee for providing the Scope of Services under Work Authorization Six (attached) will be $9,640.00, with a charge of $1,490.00 for additional meetings if required. The project is to be funded from account No. 471-218-536-033.19 (other professional services - wastewater). .-\ u RECOMMENDATION• CEO The staff of the Department of Utility Services recommends approval of the attached Work Authorization Six and authorization for the Chairman of the Board of County Commissioners to execute the agreement. HEA:rb Attachments APPROVED FOR AGENDA: BY f /'James E. Chandler County Administrator FOR // —/ Date N U Indian FINt Go Admin. Legal sudgel ul Mica Rick Mgr, Delc Il -l3-a� 1 I—f7 IZ-9 ,•OIN Work Authorization 6 Development of Charges for Providing Wholesale Wastewater Services to City of Sebastian This work authorization is conducted under the Agreement to Furnish Economic and Financial Consulting Services to Indian River County, dated April 3, 1990. Purpose The City of Sebastian has requested Indian River County to accept and treat wastewater generated within a wastewater system owned and operated by the City of Sebastian. Specific activities that the County will conduct to provide this service include the following: • Meter wastewater flows from the City of Sebastian, collected at several points of connection to the County's system • Convey the wastewater to the County's wastewater treatment plant • Treat the wastewater to a standard consistent with local, state, and federal environmental requirements • Dispose of the treated effluent in a manner consistent with local, state, and federal environmental requirements The County has established a retail wastewater rate "structure designed to recover the full cost of providing wastewater services to individual customers in the County's service area. The County needs to identify the components of the retail wastewater fees applicable to providing wholesale wastewater services to the City of Sebastian. The purpose of this work authorization is to develop the appropriate charges for Indian River County to provide these services consistent with the County's adopted rate structure and schedule. Project Tasks The project will be conducted in six tasks: • Project Kickoff • Estimation of Cost of Service • Development of Rates • Preparation of Report dbmO14976.51 1 y03 n • Meeting with County and City Staff • Presentation of Recommended Rates at Rate Hearing In addition to these six tasks, CH2M HILL will participate in additional meetings as necessary. This participation is addressed as a seventh task. Task 1 --Project Kickoff CH2M HILL will meet with County and City of Sebastian staff to review the proposed operating agreement between the County and the City and gather informa- tion relating to the cost of providing wholesale wastewater services to the City of Sebastian. Task 2 --Estimation of Cost of Service to City of Sebastian Based on the rates developed during the April 1991 rate study and October 1991 update, CH2M HILL will estimate the utility costs allocable to providing wastewater services to the City of Sebastian. Costs associated with the retail rates developed in the April 1991 rate study will be adjusted to take into account the City's providing collection, meter -reading, and billing services to individual customers. Task 3 --Development of Rates CH2M HILL will adjust the County's current base facilities and commodity charges for wastewater services to reflect the level of service to be provided by the City of Sebastian, and prepare a base and commodity charge system applicable to the City of Sebastian and a basis for adjustments in charges in the future. Task 4 --Preparation of Report CH2M HILL will prepare a draft report presenting the proposed base facilities and commodity charges, the assumptions and methods applied in developing the proposed charges, and the calculations used in developing the proposed charges. The report will include proposed revisions in the County's adopted rate ordinance and rate resolution. Five copies of the report will be provided. CH2M HILL will meet with County staff to discuss the draft report. Upon receiving County review comments, CH2M HILL will revise the report and provide 15 copies to the County. Task 5 --Meeting with County and City Staff CH2M HILL will meet with County and City staff to summarize and discuss the results of the analysis. CH2M HILL will make any necessary revisions in the report following the meeting. dbm0t71076.51 2 to 2/ IQ Task 6 --Presentation of Recommended Rates at Rate Hearing CH2M HILL will present the recommended rates, including proposed modifications to the County's adopted rate ordinance and resolution, at a public hearing. Task 7 --Additional Meetings as Required CH2M HILL will participate in additional meetings at the request of the County. Schedule CH2M HILL will complete tasks 1 through 5 within days of receiving authorization to proceed, based on receiving comments on the draft report within 7 days of the County's receipt of the draft. Task 6 will be completed based on the County's schedule of the rate hearing. Compensation The County will compensate CH2M HILL on a lump sum basis of $9,640. Compen-_ cation will be in accordance with the Agreement to Furnish Economic and Financial Consulting Services to Indian River County, Article 2.A. Table 1 shows the estimated project costs by task. CH2M HILL will participate in additional meetings in accordance with provisions of Task 7 above at a lump sum cost of $1,490 per meeting. Indian River County , Date: CH2M HILL Southeast, Inc. dbmO12/076.51 3 TABLE 1 DEVELOPMENT OF CHARGES FOR PROVIDING WHOLESALE WASTEWATER SERVICES TO CITY OF SEBASTIAN BUDGET ESTIMATE r Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Total Task 7 Kickoff Cost of Sery D.ev of Rates Prep of Rep Meeting Presentation Add Meetings Cost Item Hours Hours -Q9SI Hours S9SI Hours _C_45I Hours _C4SI Hours Hours QHours —Q= Labor Subtotal Hours & Labor Cost 12 $506 16 $542 14 $479 22 $651 20 $549 28 $801 112 $3,528 20 $549 Full Labor Cost@2.35 $1,190 $1,274 $1,126 $1,529 $1,290 $1,882 $8,290 $1,290 Direct Costs Subtotal Direct Costs $100 $250 $250 $500 $200 $250 $1,350 $200 Total Costs $1,290 $1,524 $1,376 $2,029 $1,490 $2,132 $9,640 $1,490 r