HomeMy WebLinkAbout1993 - CorrespondenceBOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Ftorida 32960
Telephone: (.W7) 567-8=
January 12, 1993
TO WHOM IT MAY CONCRN:
Re: County policy on _paying water and
mobile home units connsctina to C
Dear Mobile Rome Park Resident:
Senepnl Telephone: 224-1011
At a public hearing called by the County Commission recently to discuss
matters of public interest relating to the County utility system it became
evident that there is a misunderstanding of the County policy concerning who
pays water and sewer impact fees on the connection of any mobile home unit to
the County utility system.
Several residents indicated that the park owners were demanding payment of
impact fees at the time a living unit was transferred to a new owner and
would not issue a park certificate of occupancy or a new lease agreement,
saying that this payment by the new Owner was required by the County.
The County policy has consistently been to require payment of the impact fees
from the oazk Owner, since• the park owner is the property owner. While the
numerous contracts between the County and mobile home park owners negotiated
over the last 20 years are not identical, a common term of many of the new
agreements is that at the time of sale of a home in a park the park owner
must pay the County the current impact fee. Whether the park owner could
pass that charge through to the new home owner has never been. determined by
the County Commission. That is subject to Chapter 723, Florida Statutes, and
is strictly a matter of law and contract between the park owner and the home
owner.
In summary, the county's
position is
that on the connection of any
unit to
the County utility system
the park owner must either pay the Current impact
fee or make arrangements
to pay it,
and whether the mark owner is
able to
pass that charge through to
the home
owner is a matter which must be
settled
by those two parties.
Sincerely,
30ARD OF COCNTY COMMISSIONERS
Richard N. 3ird
Chairman
RUB/Vk
Y AN �� .' C#^ R$• OF COUNTY COMMISS NERS
Street, FWo Beach, Florida 32960
COPY
FOR YOUR INFORMATION
Telephone: (407)%7.8000
February 3, 1993
Mr. Robb McClary
City Manager
P.O. Box 780127
Sebastian, Florida 32978
Dear Mr. McClary:
dn' j/11/93
j2c /0 '61 �
4�-
Suncom Telephone: 224-1011
This letter is to clarify the County's policy as to various utility items as they concern
areas in the City of Sebastian:
1.) The County will not continue to collect water impact fees in the Park Place
Development. This is an item the City should decide if they want to collect.
2.) The County has received requests for wastewater service within the City and
is referring these inquiries to the City as per Section 10 of Interlocal Utilities
Agreement between Indian River County, Florida and City of Sebastian,
Florida. This capacity should be purchased through the City of Sebastian.
Per the Interlocal Agreement, effective April 30,1993, the County's retail service will end
within the City and the County will begin billing the City of Sebastian under the Bulk
Rates set forth in Exhibit "C" of the Interlocal Agreement.
Please advise if I can be of further assistance.
Sincer ly,
Harry . Asher
Assistant Director of Utility Services
HEA:sb
cc: James Chandler, County Administrator
Charles Vitunac, County Attorney
Board of County Commissioners
(RMCCLARY.HEA)sb
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City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M E M O R A N D U M
DATE: February 12, 1993
TO: Robert McClary
City Manager
FROM: Bruce Cooper
Director of Community Developmen
REFERENCE: Indian River County Water Line - Fire Hydrant
Please be advised I have contacted the Fire Prevention Bureau
Chief, Dan Deitz, in regards to the question from City Council on
the newly installed fire hydrants and whether they should be
covered until such time they are pressurized. Mr. Deitz did
indicate that the utility companies normally do coordinate with
their department to ensure once the line is pressurized that they
have the proper flow rate and to check the fire hydrants location
for proper accessibility. Mr. Deitz did indicate that the fire
hydrants should be covered until such time the water lines are
pressurized. He indicated that he will personally inspect the fire
hydrants and to contact Indian River County to get the fire
hydrants covered.
Mr. Deitz did indicate that the fire hydrants are painted a
different color within the municipalities and they will install
blue reflectors within the asphalt paving to identify the fire
hydrant location.
I believe this information covers the question at hand and there
will be no further action from this department unless otherwise
notified.
BC/gk
ircwl.wp
Kel
City of Sebastian
W 46
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
MEMORANDUM
March 2, 1993 AIN fa.f`a?'Fv;
I
File
F%aM Rich Votapka, Utilities Director
l,(CL,. ? (J4�—
SUBJECT Park Place - Items to be done
a. f5�A
FnR YOUR INFORMATION
Park Place Water Treatment Plant and Distribution System and Sewage Collection
System will be turned over tor the City of Sebastian on May 1, 1993. r1he following
items must be addressed:
1) Obtain Record Drawings frau Indian River County Utilities Department
2) Obtain Customer names and accounts
3) Obtain Monthly Operating Reports for Water Treatiment Plant
4) Obtain copy of monthly billings
5) Obtain water analysis for raw and treated water
6) Obtain DER Operating Permit(s) and Application for the plant, water distribution
and sewage collection system
7) Obtain current county operator's name. Schedule an on site meeting with him at
the plant and review present operation with him.
8) Walk the development and plot location of ureters on a plan. Spot check several
meters.
9) Review water rates
10) Review agreements between the County and Nelsau Hyatt and the County and Park Place
t 11) Make sure we. will have an operator for the Park Place Water Plant.
12) Review monthly bills to look at water usage to detect any abnormalities. Add the
clmlu.lative total and compare to average flaws based on DER projected flaws.
13) Make up list of utility contractors who can be called upon for emergency repairs
($25,000 allocated for emergencies. No need to hire a firm thru Bid Process)
14) Contact the president of the Homeowner's Association and schedule a meeting to
meet with all of the people in their new club house.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
March 3, 1993
Mr. Thomas A. Cloud, Esq.
Gray, Harris & Rcbinson, P.A.
Southeast Bank Building
l rli ng
Suite 1200
P. O. Box 3068
Orlando, F1 32802
Dear Tan:
I enjoyed meeting with you today at Hartman& Associates, Inc. I know
that the conference we had with Gerald Hartman, P.E., and City Manager
Rabb McClary in regard to the purchase of the General Development Utili-
ties Water and Wastewater Systems in Sebastian was very beneficial to
me as Sebasuxm's new Utilities Director. You impressed me with your
examination and query of Section 16, Conveyance of System, In the General
Development Utilities Water and Sewer franchises. It seemed to me that
for an "engineer", you had a very legalistic mind. I didn't realize
that you were the special counsel on utility matters for Sebastian until
you placed your business card on the table at the end of the meeting.
Having just completed a whirlwind tour of Gerry Hartman's firm and being
introduced to a myriad of people, I was under the impression that you
were a partner in Gerry's firm when you entered the conference roan. I
don't remember being introduced or hearing your name before we started
directly into our meeting.
Therefore, I hope you accept my apology for the statement I made during
the meeting in reference to Section 16. I stated that "we ought to
have an attorney review this as a devil's advocate". Thinking that you
were an "engineer", I uttered the statement. However, after you placed
your business card on the table, I was somewhat embarrassed to clarify
the dilemma I was in. Besides, you had to hurry to Sanford for a meeting,
so I knew you couldn't afford the time to hear my explanation.
Mr. Thomas A. Cloud, Esq.
March 3, 1993
Page Taco
Nevertheless, I have a very clear impression of who you are now and look
forward to working with you in the future to try and expedite the acqui-
sition of the GDU systems in Sebastian.
Sincerely,
II//
Richard B. Votapka, P.E.
Utilities Director
RMV/ar
cc: Robb Mc -Clary, Sebastian City Manager
rte.
[AN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
."� March 3 1993 NAT #92-023-04
.. ) — FOR YOU.t
VIA FACSIMILE
Mr. Charles E. Fancher, Jr.
General Development Utilities, Inc.
2601 South Bayshore Drive
Miami, Florida 33133-5461
Subject: Sebastian Highlands Water and Wastewater System. - Negotiations
Dear Charlie:
Wgs `93
It has been about 11 months now that we have been trying to negotiate with you, and you have
yet to provide us with a proposal from General Development Utilities, Inc. (GDU). I cannot
recall all the different times that I have tried to call you, left messages and have written you
letters relative to the City of Sebastian trying to negotiate this acquisition with GDU.
Based upon your lack of action to date, even though both you and Larry Rutherford have
promised that you would get back to us with a proposal, I am forced to suggest to my client
that they consider exercising their option under Section 16, Conveyance of System, of the
Franchise Agreement with GDU (copy attached).
I think we all know the City has conducted itself with extensive good faith efforts to negotiate
a transaction with GDU, only to be faced with no response and no action from the company.
If this system is to transfer into public ownership, then it must be my recommendation to the
City to consider exercising our option under the Franchise Agreement.
If GDU wishes to negotiate this transaction, then please respond to me by March 18, 1993.
Your silence will be considered as rejection of the negotiation option, as would be a letter
which states the same.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER . CHARLES W. DRAKE • GERALD C. HARTMAN • MARK L LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT. IR.
�i
Subject: Sebastian Highlands Water and Wastewater System. - Negotiations
Dear Charlie:
Wgs `93
It has been about 11 months now that we have been trying to negotiate with you, and you have
yet to provide us with a proposal from General Development Utilities, Inc. (GDU). I cannot
recall all the different times that I have tried to call you, left messages and have written you
letters relative to the City of Sebastian trying to negotiate this acquisition with GDU.
Based upon your lack of action to date, even though both you and Larry Rutherford have
promised that you would get back to us with a proposal, I am forced to suggest to my client
that they consider exercising their option under Section 16, Conveyance of System, of the
Franchise Agreement with GDU (copy attached).
I think we all know the City has conducted itself with extensive good faith efforts to negotiate
a transaction with GDU, only to be faced with no response and no action from the company.
If this system is to transfer into public ownership, then it must be my recommendation to the
City to consider exercising our option under the Franchise Agreement.
If GDU wishes to negotiate this transaction, then please respond to me by March 18, 1993.
Your silence will be considered as rejection of the negotiation option, as would be a letter
which states the same.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER . CHARLES W. DRAKE • GERALD C. HARTMAN • MARK L LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT. IR.
Mr. Charles E. Fancher, Jr.
March 3, 1993
Page Two
I look forward to hearing from you prior to March 18, 1993.
Very truly yours,
Hartman & Associates, Inc.
4e C. H an, P.E.
President
GCH/ch
C17/Fancher.gh
Attachment
cc: Larry Rutherford, GDU via facsimile
tRobb}McClasp; City -Manager, City. of. Sebastim
Rich Votapka, P.E., Utilities Director, City of Sebastian
Charles Nash, City Attorney
Tom Cloud, GHR
APPENDIX A—FRANCHISES Art. I, § 16
Section 14. [Rights, liabilities, eta, binding on parties.►
This franchise and all the rights, privileges, obligations and liabilities hereunder shall be
binding on the said council and the said company, and their successors and assigns.
Section 15. [Consideration.]
That within thirty (30) days after the first anniversary date of this franchise and within
thirty (30) days after each succeeding anniversary date of this franchise the company, its
successors and assigns, shall pay to the city and its successors, an amount which added to the
amount of all city taxes, licenses and other impositions levied or imposed upon the company's
property, business or operations for the preceding tax year will equal six (6) per cent of
company revenues from the sale of water service to residential and commercial customers
within the corporate limits of the grantor, but excluding contributions -in -aid -of -construction
and connection charges for the twelve fiscal months preceding the applicable anniversary date.
Any franchise fee to be collected shall be shown as a separate item on the company's bills to
its customers.
Section 16. [Conveyance of system l
Within a reasonable time, which time shall not exceed one hundred eighty (180) days,
after the city has notified the utility of its intent to terminate the franchise and to acquire the
system, the franchise holder shall convey all of its facilities together with all easements to the
City of Sebastian The time for conveyance of the system may be extended by action of the city
council should the utility demonstrate to the satisfaction of the city council that it has expe-
rienced a delay in its ability to convey the system which delay was unintentional and beyond
its control. Said conveyance by the utility shall be without encumbrance. At this time the
franchise holder shall convey unencumbered all of its facilities together with all easements, to
the City of Sebastian, without charge as to all property contributed to the utility, provided
further, however, that the city shall have the right to purchase the remaining assets of the
utility based on the average of the net original cost and a price as computed and agreed upon
by three (3) competent and qualified appraisers. The city shall select an appraiser, the utility
shall select an appraiser, and these two (2) appraisers shall mutually agree upon and select a
third independent appraiser and these three (3) appraisers shall arrive at the value of the
utility and the sales price involved. However, the city shall not be required to purchase and no
value will be placed on additions or extensions to the system which were paid for as
contributions-in-aid-ofconstruction by any person, firm or corporation other than the utility.
At the end of the franchise period, the city shall not be required to pay to the utility any
amount for goodwill and the appraised value shall be based entirely upon physical assets only,
and provided further that in the event said board of appraisers cannot agree as to the price to
be paid by the city, then the city may file appropriate condemnation proceedings under Florida
law. Prior to the utility conveying the system to the city, a detailed and accurate set of record
drawings showing location, sizes, and types of water mains, fittings, fie hydrants, services,
and other pertinent information shall be furnished to the city o re ro uci a my ars Any
franchise granted by the city shall include the above requirement.
CDA11
Art. I, § 17 SEBASTIAN CODE
Section 17. [Fire hydrants.]
In any area to be served by the utility, the water distribution system must be designed to
provide fire fighting facilities and hydrants as necessary to meet requirements of the National
Board of Fire Underwriters, Class 8, except that no lot in a single-family residential area shall
be more than five hundred (500) feet from the nearest hydrant as measured along the public
right of way. Within ninety (90) days following final completion of each particular section of
water distribution systems as approved by the State of Florida Department of Environmental
Regulation an updated map showing all of the fire hydrants and their rated fire flow shall be
submitted to the city and the Sebastian Volunteer Fire Department. Failure to provide such
a map at the end of the ninety -day time period may result in a fine of fifty dollars ($50.00) per
day to the utility if so ordered by the city council until such time as the map is submitted.
Section 18. [Forfeiture of grant.]
The failure on the part of company to comply in any substantial respect with any of the
provisions of this ordinance shall be grounds for forfeiture of this grant but no such forfeiture
shall take effect if the reasonableness or propriety thereof is protested by company until a
court of competent jurisdiction, with a right of appeal in either party, shall have found that
company has failed to comply in a substantial respect with any provisions of this franchise and
the company shall have six (6) months after the final determination of the question to make
good the defaults before a forfeiture shall result with the right in council, at its discretion, to
grant such additional time to company for compliance as necessities in the case required.
Section 19., [Repealer.)
Ordinances 175 and 203 are hereby specifically repealed in their entirety. Any and all
ordinances granting General Development Utilities, Inc., or General Development Corpora-
tion a water franchise are hereby repealed in their entirety.
Section 20. Severability clause.
It is declared hereby to be the intent of the council that, if any section, subsection,
sentence, clause or provision of this ordinance is held invalid, the remainder of the ordinance
shall not be affected.
Section 21. Effective date.
The provisions of this ordinance shall become effective ten (10) days after the date of its
enactment, subject to the utility's acceptance of this franchise in writing.
CDA --12
GRAY, HA$BIS & RoBINSON
J. CHARLES GRAY
PROFESSIONAL ASSOCIATION
THOMAS C. SHAW
GORDON H. HARRIS
ATTORNEYS
AT LAW
PAUL J. MOKRIS
RICHARD M. ROBINSON
PAUL S. OUINN, JR.
PHILLIP R. FINCH
DAVID L. SCHICK
PAMELA O. PRICE
JACK K. MCMULLEN
JAMES F. PAGE, JR.
SUITE 1200SUSAN
TASSELL SPRADLEY
WILLIAM A. BOYLES
GLASS BANK BUILDING
LORI R. BENTON
THOMAS A. CLOUD
201 EAST PINE STREET
505 NORTH ORLANDO AVENUE
ANTHONY J. COTTER
BYRD F. MARSHALL, JR.
POST OFFICE BOX 3068
POST OFFICE BOX 320757
TRACY A. BORGERT
J. MASON WILLIAMS,M
JOHN B. SHOEMAKER
LEO P. ROCK, JR.
ORLANDO FL 3980E-3068
COCOA BEACH, FL 32932-0757
A NK
LISA J. FRA
G. ROBERTSON DILG
MICHAEL WILSON
W. SELL
CHARLJACK
TEL (407) 843-8880
LILA IL. HIPEPTE MCH EN RY
AES
KIRSCHENBAUM
TELEPHONE (40]) ]834218
KENT
JAMES W. PEEPLES,=
FAX (407) 2445690
FAX (407) 783-2287
CATHERINE B. ROORIGUEZ
FORREST S. FIELDS, JR.
RICHARD E. BURKE
WRITERS DIRECT DIAL
MALCOLM R. KIRSCHENBAUM
GUYS.HAGGARD
OF COUNSEL
PLEASE REPLY TO:
Orlando
March 9, 1993
Richard B. Votapka, P.E.
Utilities Director
CITY OF SEBASTIAN
Post Office Box 780127
Sebastian, Florida 32987
Dear Richard:
I am in receipt of your March 3, 1993 letter. You
certainly have no cause to be embarrassed at our meeting. Since my
client is the City of Sebastian, and not Beelzebub, I took your
statement to be a compliment.
Therefore, your apology is totally unnecessary, but you
sense of humor is greatly appreciated. I look forward to working
with you and Rob as we proceed through this acquisition. Please do
not hesitate to call on me if you have any questions in the
process.
Sincerely yours ,
Orw
Thomas A. Cloud, E quire
GRAY, HARRIS & ROBINSON, P.A.
J'CHARLES GRAY
GORDON H. HARRIS
RICHARD M. ROBINSON
PHILLIP R. FINCH
PAMELA O. PRICE
JAMES F. PAGE, JR.
WILLIAM A. BOYLES
THOMAS A. CLOUD
BYRD F. MARSHALL.JR.
J. MASON WILLIAMS.M
LEO P. ROCK. JR.
G. ROBERTSON DILL
CHARLES W. SELL
JACK A. KIRSCHENBAUM
JAMES W. PEEPLES,=
FORREST S. FIELDS, JR.
GRAY, HARRIS, ROnINSON,
KIRSCIiENBAUM & PEEPLES
ATTORNEYS A
GLASS BANK BUILDING
SOS NORTH ORLANDO AVENUE
POST OFFICE BOK 320757
COCOA BEAOH.FL 3993E-0757
TELEPHONE (407) 763-2218
FAX (407) 783-2297
Robb McClary, City Manager
CITY OF SEBASTIAN
1225 Main Street
Post Office Box 780127
Sebastian, Florida 32978
Dear Rob:
T
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Oru XHD ..FQQy��{{C`�39��.,. 068
TELEPHONN[gG',ga.{i`80 _
FAX I4 17\)�j�90
WRITER'S DIRECT DIAL
244-5624
PLEASE REPLY TO:
Orlando
March 4, 1993
Re: Research Assignment
THOMAS C. SHAW
PAUL J. MOKRIS
ALAN R. BUTTERWORTH
PAUL S. OUINN.JR.
DAVID L. SCHICK
JACK K. MCMULLEN
ORLANDO L. EVORA
SUSAN D. TASSELL
RICHARD E. BURKE
LORIR. BENTON
ANTHONY J. COTTER
TRACY A. BORGERT
JOHN B.SHOEMAKER
LISA J. FRANK
MICHAEL K. WILSON
MARK S.WALKER
LILA 1. McHENRY
KENT L. HIPP
CATHERINE B. RODRIGUEZ
MALCOLM R. KIRSCHENBAUM
GUY S, HAGGARD
OF COUNSEL
Based on yesterday's meeting here in Orlando, I assume
that I am authorized to complete the three research items suggested
by Mr. Hartman, which are as follows:
(1) Research and report on possible
alternatives if the City of Sebastian
exercises its option under the two
franchise ordinances with GDU;
(2) Based upon the language only of the
franchise agreements, indicate what we
believe to be the most likely alternative
to occur; and
(3) Review all necessary documents and other
sources for information regarding the
intent of the language for the 1980
Sebastian Utility Ordinance and the 1981
franchise agreements with GDU executed.
All our correspondence regarding
personal and confidential pursuant
as being in preparation for and in
necessity for this research I
inexplicable refusal to continue
purchase and sale.
this research should be held as
to the attorney/client privilege
anticipation of litigation. The
believe is based upon GDU's
negotiations for a negotiated
CrRAY, luARRI$, AOBINsoN,
KIRsc73ENBAUM & PEEPLE3
Robb McClary, City Manager
March 4, 1993
Page 2
If you or Charlie have any questions concerning this
matter, do not hesitate to call on me. As soon as we have
developed some preliminary answers, I will contact you directly.
Sincerely yours,
Thomas A. Cloud,
GRAY, HARRIS, ROBIN ,
KIRSCHENBAUM & PE LES, P.A.
cc: Charles I. Nash, Esquire
lkd:40107-1:DI061.1ti:03/04/93:0
N+ 72.5
knolulo
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589.5570
March 12, 1993
Mr. David Fisher, P.E.
Peter Jones, Architect, P.A.
1627 U. S. Highway 1
Sebastian (PUD), F1 32958
OFFICE
OPY
FOR YOUR lNFOI: tiMAI`IO
RE: Potable Water Service for the Saint Sebastian Planned Unit
Development, Sebastian, F1.
Dear Mr. Fisher:
As a result of our meeting on March 2, 1993, in reference to the
above, I met with both City Manager Robb McClary and the City's
environmental engineering consultant, Gerald Hartman of Hartman &
Associates. Inc. After our discussion as to the possibilities of
joint cooperation between the City and Mr. Carl Julian, owner of
the Saint Sebastian PUD, we reached the following conclusions:
1) The City is definitely interested in supplying potable
water to the Saint Sebastian development since the entire
project is within the corporate limits of the City of
Sebastian.
2) It would be advantageous for the City to have a water
treatment plant located adjacent to the City Hall complex
for reasons of operation and security.
3) Both the first phase of development of the Saint
Sebastian P.U.D. (36 units) and the City Hall complex
would mutually benefit by having potable water supplied
by a common plant. Initially, a small plant can be con-
structed with provision for major expansion in the
future to serve the needs of the Saint Sebastian P.U.D.
as it develops in stages. There is a possibility that
the emergency generator which now provides emergency
power for City Hall and its water plant will have
sufficient generating capacity to provide power for a
new plant serving both the first phase of the Saint
Sebastian development and the City Hall complex. This,
of course, also depends on the distance that the plant
will be located from the city hall generator so that
voltage drops and power losses are minimized.
Mr. David Fisher
March 12, 1993
Page Two
4) There is great potential for locating wells within the
312 acres of the Saint Sebastian P.U.D. The City of
Sebastian would want easements for the wells and raw
water mains to be dedicated to the City for installation,
operation, and maintenance purposes.
5) The plant storage would be so designed as to provide for
500 gallons per minute fire flow which would certainly
lower insurance rates for the residences in the
Saint Sebastian P.U.D.
6) A developer's agreement would be consummated between the
City of Sebastian and the owners of the Saint Sebastian
development following negotiations in regard to supplying
water to the project in exchange for dedication of land,
payment of fees and contribution -in -aid of construction
to the City for construction of wells, raw and finished
water mains, and the treatment plant.
Subsequent to our meeting, I discussed the proposal with Bruce
Cooper, Community Development Director, who provided me with a site
plan for the 10.07 acre parcel north of City Hall and the
conceptual plan for the Saint Sebastian P.U.D. I plotted the
10.07 parcel and a portion of the PUD relative to the City Hall
complex. During our March 2nd meeting, you circumscribed the area
on the aerial photograph to show the proposed location for the well
field and water treatment plant. It just so happens that the
majority of the designated area is situated within the 10.07 acre
parcel which is owned by the Sebastian Development Project, Inc. in
which you are a principal of the firm. Bruce Cooper informed me
that as of last week, March 1, 1993, the one year extension granted
by the City for your site plan approval had expired. Therefore, I
definitely want to know if your 10.07 acres can be included in the
negotiations for a developer's agreement to construct a water
treatment plant and related appurtances? Your property separates
the City Hall complex entirely from access to the Saint Sebastian
PUD.
I have discussed the possibility of a "north" City water treatment
plant with Harry Asher, Assistant Utilities Director of Indian
River County. He stated to me that the County has an automatic
lien filed against the Saint Sebastian PUD as a result of the owner
failing to pay the monthly base facility charges. Since the
purchase of ERU's for connection to County sewer, the monthly
charges have not been paid by the Developer. Mr. Asher said that
the owners of the P.U.D. will not be able to dedicate any land to
the city for any purpose unless the lien is satisfied.
Mr. David Fisher, P.E.
March 12, 1993
Page Three
I would like clarification as to the involvement of your 10.07 acre
parcel and the resolution of the lien with Indian River County as
soon as possible.
Also, I would like to see any specific findings-of-fact that you
have in your files from Jim Frazee of the Saint Johns River Water
Management District or the owner's engineer in regard to water
quality and quantity within the confines of the Saint Sebastian
PUD. Since you had informed me that all of the wetlands on the
project were identified, I would like to have a copy of a map
showing those jurisdictional boundaries and any other pertinent
documents which would be of use in determining well sites.
Gerald Hartman had suggested a meeting with him so the three of us
could discuss the specifics of a well field, water treatment plant,
and water lines as well as posturing a developer's agreement. I
would like to schedule a meeting at both his and your earliest
convenience. However, first I would want the issues related to
your 10 acre parcel and satisfaction of liens by your client
resolved in a manner acceptable to the City for negotiations to
begin for joint effort participation. I think both these items pose
serious impediments to implementation of a water system to serve
your client's project at this time.
Please be advised that ultimately the final decision as to the
approval of the developer's agreement for the City of Sebastian to
supply water to the Saint Sebastian PUD will be made by the
Sebastian City Council.
Sincerely, /
Richard B. Votapka, P.E.
Utilities Director
RBV / ar/
CC: /Robb McClary, City Manager
Gerald Hartman, Hartman & Associates
If
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M E M O R A N D U M
TO: Thomas A. Cloud
FROM: Lila Ingate McHenry hliu
DATE: March 15, 1993
RE: Sebastian: GDU Acquisition
4 °a ca
J
Received o
aly Oft i l
Ki se.la
I spoke to Greg.Gansella today. He is now at the City of Ft.
Lauderdale. He was very nice but did not provide any information
about the franchise agreements. He indicated that he did not have
responsibility for Sebastian until November, 1983, which was over
two years after the franchise ordinances were originally adopted.
He indicated that while he negotiated the expansion of the
franchise areas he had nothing to do with the negotiation of the
acquisition provisions. Nor did he have much recollection of the
content of the acquisition provisions.
He stated that Kurt Morris was his predecessor in the
Sebastian position. Kurt Morris is now with the Fort Pierce Water
and Sewer Authority in the Distribution and Collection Division.
However, Greg did not think that Kurt Morris negotiated the
agreements. He stated that they were handled out of the Miami
corporate office and were probably negotiated by Charles Fancher
or Jerry Mosian.
CITY OF SEBASTIAN
UTILITIES DEPARTMENT
DATE: March 18, 1993 TIME 4:20 PM
) CONFERENCE WITH:
[ X ] TELEPHONE CONVERSATION WITH: Tcm Cloud, Attorney
SUBJECT: GDU Demand Letter and Park Place Deposits
RESUME OF CONVERSATION:
I asked Tom if GDU had responded to Gerry Hartman's letter of March
3, 1993, in which he had set a March 18, 1993 deadline date for a
response. Tom said "No". I asked Tom what the next step would be.
He said he needed about two (2) weeks to complete the legal
analysis before we take action against GDU under the terms of the
franchise agreement - Section 16 Conveyance of System. He would
want Robb McClary, Gerry Hartman, and I to discuss the next step.
I told Tom about the Press Journal publishing an article about the
City's position. He requested a copy and copies of all subsequent
articles concerning the City's intended takeover of GDU. He said
we could mail the article to him.
I told Tom that Indian River County had refunded all of the
deposits to the customers in Park Place which amounted to
$10,710.00 (117 Sewer Deposits, 111 Water Deposits). The county
refunded all of the deposits as of January 6, 1993, according to
Harry Asher, Asst. Director of Utility Services. I told Tom that
I had researched the Interlocal Agreement between the City of
Sebastian and Indian River County and could not find any reference
to "deposits". He told me that there wasn't any. The County never
volunteered the information during negotiations and he and Gerry
Hartman never thought the County required deposits because Nelson
Hyatt had originally established the utilities and later turned it
over to Indian River County. Evidently, since several years had
passed,neither Tom or Gerry had thought the County demanded the
deposits. Tom said the City could legally ask for the deposits
back but politically it could cause an uproar with the residents of
Park Place and Palm Lake Club. Actually,the County should have
transferred the deposits to the City of Sebastian, not the
customers.
ORIGINATED BY: / (/4 veta, , V, b.
COPY TO : fAl ckOvy - 31L
01/23/93 16:30 V40, -&49 3790
General Development Utilities, Inc.
An Allarnic Gu@ Com unMu Corcaratlon Suoelolary
2601 SOUTH SAYSHORE ONVE
MIAMI. FL 3.3133-Sa61
13051859-43'11
Mr Gerald C. Hartmain� P2--�
President
Hartman & Associates Inc.
201 East Pine Street
Suite 1000
Orlando, Florida 32801
HARMAN ASSOC SEBASTIAN
MAR 9------------------------
;gg
5=1
ClwM* E Fencnar. Jr.
PRESIDENT
March 19, 1993
9002
RE: SEBASTIAN HIGHLANDS WATER AND WASTEWATER SYSTEM
Dear Gerry.
1 have received yourrecent letter on behalf of the City of Sebastian and disagree with
your characterization of prior communications and conduct of the parties. I do not
think it productive to comment on any implied characterization of the Franchise
Agreement in your/etter, but our failure to comment in this regard should not be taken
as acquiescence. I offer the following comments relative to the present situation.
i think we both agree that preliminary discussions to dare regarding the City's desire
to acquire GDU's Sebastian utility system have not been productive. We are willing
to pursue further discussions in good faith, but only in a confidential setting. We
welcome your thoughts as to how this can be accomplished If the City is ultimately
to acquire the GDU system, it is in the best interest of both parties to do so in a
concertedmannerand avoid the time and expense involvedin adversaria/proceedings.
When I discussed the City's potential interest last Fall, 1 advised that GDU desired to
file a request forgeneral rate increase. I also advised you and Mr. Mc Clary thatgiven
the City's interest in acquiring the Utility, a hearing on the rate increase should be
conducted by a hearing officer from the Department of Administrative Hearings to
avoid a conflict of interest which could result if the City Council were to try to decide
the case. More than six months have passed, and l have received no response to this
suggestion. / believe the facts in this regard are unchanged, and l renew the
suggestion that the City request a DOAH officer to hear our request for rate increase.
03/23/93 16:30 $`407 339 3790 HA nwx Assoc -»-• SEBASTIAN
March 19, 1993
Mr. Gerald C. Hartman
Hartman & Associates, Inc.
Page 2
If the City wishes to proceed with a purchase under the franchise the process should
begin now since any actions of the City at a later date may interfere with our sale to
another parry.
Very truly yours,
Charles E. Fancher, Jr.
President
CEF/cc
cc: J. Larry Rutherford
Thomas W. Jeffrey
Robb McClary, City of Sebastian
Rick Votapka, City of Sebastian
Charles Nash, City Attorney
Tom Cloud, GHR
2003
^,
City of Sebastian
'gym.® l ne
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
March 15, 1993 TELEPHONE (407) 589-5330 in FAX (407) 589-5570
Mr. Glenn Schuessler
Assistant Director
Environmental Health Department
HRS -Indian River County Public Health Unit
1900 27th Street
Vero Beach, Florida 32960
RE: Trihalomethanes at General Development Utilities Water
Treatment System, F1. DER No. 3311136, Sebastian Highlands
Subdivision, Sebastian, Florida
Dear Mr. Schuessler:
As you are aware, the City of Sebastian is currently trying to
negotiate with General Development Utilities to purchase its
potable water system within the City. One of the concerns that the
City has is the problem with the total trihalomethanes (TTHM)
exceeding the maximum contaminant level as established by the U. S.
Environmental Protection Agency.
The last samples of water from the GDU system that were collected
by your Department were on April 28, 1992, (see attached letter).
Since the analysis was done almost a year ago. I would like to
request another trihalomethane anaylsis on the GDU System to
determine the present level of TTHM. I would like to be present
when you or a member of your staff take the test samples.
Please call me at your convenience so we can schedule a visit to
the existing General Development Utilities water treatment plant
for the purpose of collecting the samples. Also, I would like to
take samples at various other locations throughout the distribution
system to provide a comparison with the results that will be
determined at the plant site.
Sincerely.
Richard B. Votapka, P.E.
Utilities Director
RBV/ar
cc: �,R'obb McClary, Sebastian City Manager
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
March 16, 1993
Mr. Harry Asher
Assistant Director
Indian River County Utilities Department
1840 25th Street
Vero Beach, F1 32960
RE: Park Place and Palm Lake Club Water and Sewer Systems,
Sebastian, Florida
Dear Mr. Asher:
As per our telephone conversation yesterday, I am writing this
letter to you to request a "Schedule of Fixed Assets with
Accumulated Depreciation" for the water treatment and distribution
systems in the above referenced mobile home parks. This schedule
should include the installed costs for the wells and water
treatment plant at Park Place, water distribution systems for both
Park Place and Palm Lake Club, and gravity sewer collection systems
for both developments. It is my understanding that a 10" trunk
line gravity sewer which is routed through Palm Lake Club, and the
lift station and force main which serves Park Place and Palm Lake
Club will remain as property of Indian River County and will not be
transferred to the City of Sebastian.
I would like to schedule a meeting with you at your earliest
convenience. We must determine the specific water and sewer
systems components to be transferred to the City, so there is no
misunderstanding between the City and County when operation of the
systems becomes the City's responsibility on May 1, 1993.
Sincerely, V
Richard B. Votapka, P.E.
Utilities Director
RBV/ar
cc::RobbMcClar , City Manager
Mari yn Swichkow, Finance Director
General Developme. Adities.Inc.
A General Development Corporation Subsidiary
2601 SOUTH BAYSHORE DRIVE
MIAMI, FL 33133-5461
(305)859-4331
July 7, 1992
Mr. Robert S. McClary
City Manager
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978
Re: Trihalomethanes
Dear Mr. McClary:
SOL/
Charles E. Fancher, Jr.
PRESIDENT
General Development Utilities has initiated an engineering review
which should address concerns outlined in your letter of June 2,
1992.
We hope that your assessment that there is a simple and
inexpensive solution is correct. Since treatment of water is
site specific, we will need the results of the engineering review
before we know what are the viable alternatives.
Since we expect the results in the next several weeks, we hope
to follow up with you by early next month.
Very truly yours,
Charles E. Fancher, Jr.
CEF:gi
cc: Lonnie R. Powell, Mayor & City Council
Florida Department of Environmental Regulation
Central District • 3i 1 �uir�§julevard, Suite 232 • OrlandQ Florida 32803-3767
Lawton Chiles, Governor
City of Sebastian
Post Office Box 780127
Sebastian, FL 32978-0127
Attention: Robert S. McClary, City Manager
Indian River County -PW
City of Sebastian
Total Trihalomethanes
Dear Mr. McClary:
CaroL M. Browner, Secretary
/456789 J
1 7p OCD -PW -92-0391
Thank you for your letter to Joe McNamara dated June 22, 1992 regarding total
trihalomethane contamination of public drinking water in certain drinking
water systems.
You requested that he review and modify regulations to require trihalomethane
control for all public water systems regardless of the number of customers.
Our personnel in Orlando are not allowed to modify the trihalomethane or other
regulations. By copy of this letter to the Administrator of the Drinking
Water Section in Tallahassee along with a copy of your letter, we are
expressing your concerns to the staff in position to consider your requests.
It is permissible for Indian River County to enact more restrictive
regulations than those of the state and federal agencies if that entity wishes
to do so.
It is possible that the federal government will include all public water
supply systems for control of trihalomethanes if sufficient information is
developed from currently -regulated systems to warrant such a revision in their
requirements. Under such conditions, the state would follow their lead.
Hope this response, though not what you hoped for, adequately explains the
situation.
Sincerely,
Carlos Rivero-deAguilar, P.E.
Program Administrator
Water Facilities
CRA:jMc:pp
cc: Honorable Lonnie R. Powell, Mayor
Sebastian City Council
Van Hoofnagle, Administrator; Drinking Water Section (w/copy of letter)
Non'Nad Pupur
At the October general membership meeting of the Sebastian Property
Owner's Association a motion was made and unanimously carried to
implore the City Council of Sebastian to investigate and promptly
pursue every avenue of recourse necessary to eliminate the potentially
carcinogenic chemicals present in the water supplied to residents
connected to the General Development Utilities system, particularly
the trihalomethanes generated as a byproduct of GDU_':s chlorinated":.
disinfectant residual. To expect customers of that utility to adopt
a suicidal detachment while their potable water source remains a
pestiduct is to exhibit mortal irresponsibility.
The relevant Federal agencies, the DER, the Governor himself should
be called upon to issue an emergency decree, or an executive order,
or whatever formal directive they might choose to alleviate this
hazardous imposition.
We exhort Council to take immediate steps to place this matter on -the
next available agenda in order that the requisite procedures be
speedily attended and corrective measures invoked.
Yours, in prospective amelioration,
William Mahoney, President,
Sebastian Property Owner's Association
^�3hG678810',
7
M �
N O�
General Developmer tdities. Inc.
A General Development Corporation Subsidiary
2601 SOUTH SAYSHORE DRIVE Charles E. Fenoherr, Jr.
MIAMI, FL 33133-5461 PRESIDENT
(305)8.59-4331
July 7, 1992
Mr. Robert S. McClary
City Manager RECEIVED
City of Sebastian 'JUL 91992
Post Office Box 780127
Sebastian, Florida 32978 CITY CLERIC$
OFFICE
Re: Trihalomethanes s
Dear Mr. McClary:
General Development Utilities has initiated an engineering review
which should address concerns outlined in your letter of June 2,
1992.
We hope that your assessment that there is a simple and
inexpensive solution is correct. Since treatment of water is
site specific, we will need the results of the engineering review
before we know what are the viable alternatives.
Since we expect the results in the next several weeks, we hope
to follow up with you by early next month.
Very truly yours,
,da-Z�Ao(� 144&
Charles E. Fancher, Jr.
CEF:gi
cc: Lonnie R. Powell, Mayor & City Council
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
June 22, 1992
Mr. Joe McNamara
3319 Magume Blvd.
Suite 232
Orlando, F1 32803-3767
Re: Trihalomethanes
Dear Mr. McNamara:
Recent samples by the Indian River County Health Unit and by
General Development Utilities indicate that the Trihalomethane
("THM") levels are higher than acceptable under U.S. EPA and FDER
regulations for water systems with 10,000 or more customers.
Many people in Sebastian are concerned about the high THM levels.
In fact, many people have stopped drinking the water due to
health concerns. The school district is now bringing in bottled
water to its schools in Sebastian rather than serving GDU water.
The treatment of THMs is a relatively simple and an inexpensive
process. That is why we do not understand why the regulations
require THM control for larger water systems but do not require
similar THM control for smaller water systems. Therefore, we ask
you to review and modify regulations to require THM control for
all public drinking water systems, regardless of the number of
customers.
Thank you for your consideration.
Sincerely,
Robert S. McClary
City Manager dd
RSM/sg
cc: Lonnie R. Powell, Mayor & Sebastian City Council
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City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
June 2, 1992
Mr. Charles E. Fanchey, Jr.
President
General Development Utilities, Inc.
2601 S. Bayshore Drive
Miami, FL 33133-5461
Re: Trihalomethanes
Dear Mr. Fanchey:
Recent samples by the Indian River County Health Unit and by
General Development Utilities indicate that the Trihalomethane
("THM") levels are higher than acceptable under U. S. EPA and
FDER regulations for water systems with 10,000 or more customers.
Even though the GDU water system in Sebastian serves fewer than
10,000 customers, we encourage you to make modifications to your
plant to provide for THM control.
Many people in Sebastian are concerned about the high THM levels.
In fact, many people have stopped drinking the water due to
health concerns. The school district is now bringing in bottled
water to its schools in Sebastian rather than serving GDU water.
The treatment of THM is a relatively simple and an inexpensive
process. Therefore, we ask you to make the necessary
modifications to the GDU water plant to practice THM control to
remove the THMs from the water and to remove the concerns from
our citizens.
Thank you for your consideration.
Sincerely, — 1�►
Rob S. McClary
City Manager
RSM/jmt
cc: Lonnie R. Powell, Mayor & City Council
GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
2Ci EAST PINE STREET
POST OFFICE BOX 3068
ORLANDO, FLORIDA 32802
TELEPHONE 14071 843-8880
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
File #
MARCH 16 1993
40107- 1
'•P+ % �.-
Statement # 194510
For Professional Services Rendered:
Re: Water and Sewer Matters
Professional Services:
FEB
08 93 WAB
Preparing
Response to Audit
Letter
1.00
FEB
08 93 TAC
Reviewing
correspondence from G. Hartman
.30
FEB
15 93 WAB
Preparing
Response to Audit
Letter
1.00
Boyles,
William
A.
2.00
175.00
350.00
Cloud,
Thomas A.
.30
175.00
52.50
Current
Fees:
402.50
Cost Advances:
FEB 12 93 Document -Production
FEB 15 93 Reproduction Cost
292 copies @ .11
Current Cost Advances:
Current Fees and Cost Advances:
TO INSURE PROPER CREDIT TO THE ABOVE ACCOUNT
PLEASE RETURN A COPY WITH REMITTANCE
DUE UPON RECEIPT
0077
L/,
8.00
32.12
40.12
$442.62
PUBLIC DRINKING WATER ANALYSIS REPORTING FORMAT
PUBLIC WATER IYSTFM INFORMATION Ito be completed by system or lab) -
syetamNams: Sebastian Highlands I.D.r 331 1136 ,
Address!Sebastian,-Florida Phonat:407 589-0340
Type (check oneh k) Community 1 1 Nontransient Non community 1 1 Noncommunity
SAMPLE INFORMATION (lo be completed by sampler)
Semple DotDDYYI: 3 119193 Semple Time: 1415
Semple Location Ica specific): Point of Entry to Distribution
Sampler Name and Phone: Ronald Briskie 589-0340
Sampler's Signature: Title; operator . '
Check Type(s): 1 ) Distribution ( 1 Recheck of MCL ( 1 Resemple of Lab Invalidated Semple
( I Clearance ( 1 Thm Max Res Time () Plant Tap
7: ) Dislrlb entry pt ( I Raw 1 1 Composite of Multiple Sites --Attach a format for tech site
LABORATORY CERTIFICATION INFORMATION Ito be oompleted by lab)
Lab Name:
Envirometrics, Inc HRS 0:83214'. ExpirationDatei duly,. 199.3
Address: 683 S.W. 27 Ave. Vero Beach, F1 Phonal: -407 562-1968
Subcontracted
84252cted Lob HRS /: Groups Analyzed; complete 17-x+50 Pxcent :asbestos
64�83color, odor, pH, MBAS,..NO�N, Turb
ANALYSIS INFORMATION Ito be completed by lab) ( see separate report)
Date Samplels) Received: 3-23-93 Group(s) Analyzed 6 Results attached for compliance with 17-650, F.A.C.;
til Nitrate l )Nitrite I I Asbestos ( 1 Turbidity
Iorgenios— Tjlhelomothanae— Vyyletile Orgardce— Secondaries--
(7) All 10 1 1 Partial 111 All 4 ( 1 Partial W) All 21 1 ) Partial I )All 14. (`'I Partial
Pesticides i PCBs— Group I Unregulated■-- Group It Unregulsteds-- Rediochemlcals-
14 All 29 1 1 Partial (J) All 13 () Partial NI All 37 ( 1 Partial 14 Single Sample
( 1 only Composite'
�t 'Provide redlochemical sample dates L locations for each quarter
F ` I Grace Treadway tHEREBY CERTIFY that all attached analytical date are correct.
Signature
1109 chemist Date 5-17-93
COMPLIANCE INFORMATION Ito be completed by Stats) t
Sample Collection Satisfactory: !`--'@ Analysts Satisfactory:
Resample Requested lar:
Person notified to resent'
DERIACPHU Reviewing C
IZ I2. I1V
I r t�.s- 7 t-•-Y�
c.ata:-ca
4
C�,a,:Is �E'Av%
ws'1w-w 1'0i
Date Notified:
Effective 1193
I
` BROWARD TESTING LABORATORY, INC.
4416 N. E. 11 TH AVE., FORT LAUDERDALE, FLORIDA 33334
Sample Date: 3-19-93 Report#: 951-1592 Laboratory ID#: 86137
t
Client: ENVIROMETRICS
683 SW 27TH AVE.
VERO BEACH, FL 32968
Date Received at Lab: 3-23-93
PWS ID NO: NONE
Location Code: SEBASTIAN HIGHLANDS WTP
POE
Time Received at Lab: 10:55
Analytical series: Florida Safe Drinking Water Compliance,
Unregulated Group II Acid Extractable Analysis 17-550.'410(3).(PWS037)
All values in ug/1 unless otherwise noted.
-1 -
ANALYSIS
ANALYTICAL
DETEC.
ANALYSIS
ID
PARAMETER
SAMPLE #
RESULT
METHOD
LT.
DATE
---------------------------------------------------------=------------------
9108
2 -CHLOROPHENOL
1592
ND
604
2.19
3-25-93
9112
2 -METHYL -4,6
DINITROPHENOL
1592
ND
604
2.09
3-25-93
9115
PHENOL
1592
ND
604
2.53
3-25-93
9116
2,4,6 -TRI-
••
CHLOROPHENOL
1592
ND
604
2.64
3-25-93
---j- --------
Gary J. Myer
Lab Director, Broward Testing Laboratory
TELEPHONE: 1-800-458-3330 C7 FAX: (2161449-8585
BROWARD TESTING LABORATORY, INC.
4416 N.E. 11 TH AVE., FORT LAUDERDALE, FLORIDA 33334
Sample Date: 3-19-93 Report #: 951-1592 Laboratory ID #=86137
Client: ENVIROMETRICSJ PWS ID NO: NONE
683 SW 27TH AVE.
VERO BEACH, FL 32968 Location Code: SEBASTIAN HIGHLANDS WTP
POE
Date Received at Lab: 3-23-93 Time Received at Lab: 10:55
Analytical Series: Florida Safe Drinking Water Compliance,
Pesticide & PCB Chemical Analysis 17-550.310 (2)(a)(c) (PWS029)
All values in ug/l unless otherwise noted.
ANL.
ANL.
DETEC.
ANL.
ID
PARAMETER
SAMPLE #
RESULT
METHOD
LT.
DATE
---------------------------------------------------------------------------
2005
ENDRIN
1592
ND
508
0.05
4-2-93
2020
LINDANE
1592
NO
508
0.02
4-2-93
2015
METHOXYCHLOR
1592
NO
508
1.0
4-2-93
2020
TOXAPHENE
1592
ND
508
0.1
4-2-93
2031
DALAPON
1592
ND
515•
1.0
3-31-93
2033
ENDOTHALL
1592
ND
548
9.0
3-24-93
2034
GLYPHOSATE
1592
ND
547
6.0
4-8-93
2035
DI(2-ETHYLHEXYL)ADIPATE 1592
ND
525
0.6
4-14-93
2036
OXAMYL(VYDATE)
1592
ND
531
2.0
3-31-93
2037
SIMAZINE
1592
ND
525
0.07
4-14-93
2040
PICLORAM
1592
ND
515
0.1
3-31-93
2041
DINOSES
1592
ND
515
0.2
3-31-93
2042
HEXACHLOROCYCLOPENTADIENE 1592
ND
525
0.1
4-14-93
2046
CTBOFURAN
1592
ND
531
0.9
3-31-93
P50
ATRAZINE
1592
ND
525
0.1
4-14-93
2051
ALACHLOR
1592
ND
525
0.2
4-14-93
2065
HEPTACHLOR
1592
ND
508
0.04
4-2-93
2067
HEPTACHLOR EPDXIDE
1592
ND
508
0.02
4-2-93
2105
2,4-D
1592
NO
515
0.1
3-31-93
2110
2,4,5 -TP (SILVER)
1592
ND
515
0.2
3-3,1-93
2274
HEXACHLOROSENZENE
1592
NO
525
0.1
4-14-93
2298
DI(2-ETHYLHEXYL)PHTHALATE 1592
ND
525
0.6
4-14-93
2306
BENZO(A)PYRENE
1592
NO
525
0.02
4-14-93
2326
PENTACHLOROPHENOL
1592
ND
515
0.04
3-31-93
2383
PCB's
1592
ND
508
0.2
4-2-93
2931
DBCP
1592
NO
504
0.02
4-3-93
2946
EDB
1592
ND
504
0.01
4-3-93
2959
CHLORDANE
1592
ND
508
0.2
4-2-93
Reviewed By: 1.�rdd
Gary J.OMsAr,
Lab director
TELEPHONE:
1-800-458-3330
0 FAX: 12161448-8585
FfA BROWARD TESTING LABORATORY, INC.
ENLAk/ 4416 N E. 11TH AVE., FORT LAUDERDALE, FLORIDA 33334
,
Sample Date: 3-19-93 Report#: 951-1592 Laboratory ID#: 86137
Client: ENVIROMETRICS,1 PWS ID NO: NONE
683 SW 27TH AVE-
VERO BEACH, FL 32968 Location Code: SEBASTIAN HIGHLANDS WTP
POE
Date Received at Lab: 3-23-93 Time Received at Lab: 10:55
Analytical series: Florida Safe Drinking Water Compliance,
Unregulated Group II Base Neutral Extractable Analysis 17-550.410(2).(PWS036)
All values in ug/1 unless otherwise noted.
ANALYSIS ANALYTICAL DETEC.
ID. PARAMETER SAMPLE # RESULT METHOD LT.
-=-------------------------------
2262
ISOPHORONE
1592
2270
2,4-DINITROTOLUENE
1592
2282
DIMETHYLPHTHALATE
1592
2284
DIETHYLPHTHALATE
1592
2290
DI-N-BUTYLPHTHALATE
1592
2294
BUTYL BENZYL PHTHALATE
1592
-. 9089
DIOCTYLPHTHALATE
1592
� ------
Gary J. Meyer ••11
Lab Director, Br.oward Testing Laboratory
P
ND
609
2.22
ND
609
2.07
ND
606
1.76
ND
606
2.02
ND
606
2.59
ND
606
3.43
ND
606 ••
4.02
TELEPHONE: 1-800-458-3330 0 FAX: (2161449-8585
ANALYSIS
DATE
3-25-93
3-25-93
3-25-93
3-25-93
3-25-93
3-25-93
3-25-93
BROWARD TESTING LABORATORY, INC.
4416 N.E. I I TH AVE., FORT LAUDERDALE, FLORIDA 33334
SAMPLE DATE: 3-19-93 REPORT #: 951-1592 LABORATORY ID #: 86137
CLIENT: ENVIROMETRICS PWS ID NO: NONE
683 SW 27TH AVE.
VERO BEACH„r FL 32968 LOCATION COOE:SEBASTIAN HIGHLANDS WTP
POE
DATE RECEIVED AT LAB: 3-23-93 TIME RECEIVED AT LAB: 10:55
Analytical Series: Florida Safe Drinking Water Compliance,
Unregulated Group II Purgaable Analysis 17-550.410 (1) (PWS034)
Analytical Method 502.2
All values are in ug/1 unless otherwise noted.
ANALYSIS
DETEC.
ANL.
ID
PARAMETER
RESULT
LIMIT
DATE
-------------------------------------------------------------------
2210
CHLOROMETHANE
NO
0.5
3-25-93
2212
DICHLORODIFLUOROMETHANE
NO
0.5
”
2214
BROMOMETHANE
NO
0.5
"
2216
CHLOROETHANE
NO
0.5
"
2218
TRICHLOROFLUOROMETHANE
ND
0.5
"
2224
TRANS-I,3-DICHLOROPROPYLENE
NO
0.5
"
2228
CIS-1,3-DICHLOROPROPENE
NO
2.0
"
2251
MTBE
NO
4.0
"
2408
DIBROMOMETHANE
NO
0.5
"
2410
1,1-DICHLOROPROPENE
NO
0.5
•�
2412
1,3-OICHLOROPROPANE
NO
0.5
"
2413
1,3-DICHLOROPROPENE
NO
0.5
"
2414
1,2,3-TRICHLOROPROPANE
NO
01.5
"
2416
2,2-DICHLOROPROPANE
ND
0.5
"
2941
CHLOROFORM
31.0
2.0
"
2942
BROMOFORM
NO
4.0
"
2943
BROMODICHLOROMETHANE
22.0
2.0
"
2944
DIBROMOCHLOROMETHANE
NO
4.0
"
2965
d-CHLOROTOLUENE
NO
0.5
"
2966
P-CHLOROTOLUENE
NO
0.5
"
2967
M -DICHLOROBENZENE
NO
0.5
2978
1,1-DICHLOROETHANE
NO
0.5
"
2986
1,1,1,2 -TETRACHLOROETHANE
NO
0.5
"
2986
1,1,2,2 -TETRACHLOROETHANE
NO
0.5
"
2993
BROMOBENZENE
NO
0.5
"
REVIEWED BY:
Gary J. Mei r, ab Direct..'
TF1 FPHINE- 1-Rnn-46A ..sAan I -I FAX- 191R1 dap-RRR.R
BROWARD TESTING LABORATORY, INC.
4416 N.E. I ITH AVE., FORT LAUDERDALE, FLORIDA 33334
Sample Date: 3-19-93 RePcrt#: 951-1592 Laboratory ID#: 86137
Client: ENVIROMETRIC9
683 SW 27TH AVE.
VERO BEACH, FL 32968
Date Received at Lab: 3-23-93
PWS ID NO: NONE
Location Code: SEBASTIAN HIGHLANDS WTP
POE
Time Received at Lab: 10:55
Analytical series: Florida Safe Drinking Water Compliance,
Unregulated Group I Analysis 17-550.405 (PWS035)
All values in ug/l unless otherwise noted.
4e---- -- �- esti.--------
Gary Je
L.ab Director, Broward Testing Laboratory
TELEPHONE: 1-800-458-3330 0 FAX: (216) 449-8585
ANALYSIS
ANALYTICAL
DETEC.
ANALYSIS
ID
PARAMETER
SAMPLE #
RESULT
METHOD
LT.
DATE
------------------7----------------------------------------------------------
2021
CARBARYL
1592
NO
531
3.0
3-31-93
2022
METHOMYL
1592
NO
531
5.0
3-31-93
2043
ALDICARB SULFOXIDE
1592
ND
531
0.8
3-31-93
2044
ALDICARB SULFONE
1592
ND
531
0.5
3-31-93
2045
METOLACHLOR
1592
ND
507
0.001
4-14-93
2047
ALDICARB
1592
ND
531 ••
1.3
3-31-93
2066
3-HYDROXYCARBOFURAN
1592
ND
531
3.0
3-31-93
2076
BUTACHLOR
1592
NO
507
0.001
4-14-93
2077
PROPACHLOR
1592
ND
507
0.001
4-14-93
2356
ALDRIN
1592
ND
508
0.006
4-2-93
2364
DIELDRIN
1592
ND
508
0.007
4-2-93
2440
DICAMBA
1592
ND
515
0.010
3-31-93
2595
METRIBUZIN
1592
ND
507
0.001
4-14-93
r
4e---- -- �- esti.--------
Gary Je
L.ab Director, Broward Testing Laboratory
TELEPHONE: 1-800-458-3330 0 FAX: (216) 449-8585
BROWARD TESTING LABORATORY, INC.
4416 N.E. 11 TH AVE., FORT LAUDERDALE, FLORIDA 33334
Sample Date: 3-19-93 Report # 951-1592 Laboratory ID it:86137
Client: ENVIROMETRICS
683 SW 27TH AVE.
VERO BEACH, FL 32968
Date Received at Lab: 3-23-93
PWS ID NO: NONE
Location Code: SEBASTIAN HIGHLANDS WTP
POE
Time Received at Lab: 10:55
Analytical Series: Florida Safe Drinking Water Compliance,
Primary Inorganic Analysis 17-550.310(1)(PWS030)
All values in mg/l unless otherwise noted.
---- -- - ---- - ---------
Gary J. Meyer
Lab Director, Broward Testing Laboratory
TR FPHnNF1-San-458 9130 n FAX, 0161 44R•RrR5
ANALYSIS
ANALYTICAL
DETEC.
ANALYSIS
ID
PARAMETER
SAMPLE #
RESULT
METHOD
LT.
DATE
----------------------------------------------------------------------------
1005
ARSENIC
1592
NO
206.2
0.002
4-6-93
1010
BARIUM
1592
0.009
208.2
0.002
3-25-93
1015
CADMIUM
1592
NO
200.7
0.002
4-6-93
1020
CHROMIUM
1592
NO
200.7
0.004
4-6-93
1024
CYANIDE
1592
ND
412D
0.005
3-26-93
1025
FLUORIDE
1592
0.18
340.2 ••
0.05
3-25-93
1030
LEAD
1592
NO
239.2
0.001
4-6-93
1035
MERCURY
1592
NO
245.1
0.0002
4-2-93
1036
NICKEL
1592
NO
249.1
0.002
3-26-93
1038
T. NITRATE+NITRITE
1592
0.207
353.2
0.02
4-2-93
1040
NITRATE -N
1592
0.207
353.2
0.01
4-2-93
1045
SELENIUM
1592
NO
270.2
0.002
4-6-93
1052
SODIUM
1592
22.5
273.1
2.00
4-1-93
1074
ANTIMONY
1592
NO
200.7
0.001
4-6-93
1075
BARYLLIUM
1592
NO
200.7
0.001
4-6-93
1,095
THALLIUM
1592
ND
200.7
0.001
4-6-93
---- -- - ---- - ---------
Gary J. Meyer
Lab Director, Broward Testing Laboratory
TR FPHnNF1-San-458 9130 n FAX, 0161 44R•RrR5
BROWARD TESTING LABORATORY, INC.
4416 N.E. i 1 TH AVE., FORT LAUDERDALE, FLORIDA 33334
Sample Date: 3-19-93 Report #:. 951-1592 Laboratory ID #:86137
Client: ENVIROMETRICS PWS ID NO: NONE
683 SW 27TH AVE.
VERO BEACH, FL 32968 Location Code: SEBASTIAN HIGHLANDS WTP
I POE
Date Received at Lab: 3-23-93 Time Received at Lab: 10:55
Analytical Series: Florida Safe Drinking Water Compliance,
Secondary Chemical Analysis 17-550..320. (PW5031)
All values in mg/l unless otherwise noted.
ANALYSIS
ID
PARAMETER
SAMPLE#
RESULT
---------------------------------------------
1002
ALUMINUM
1592
.064
1017
CHLORIDE
1592
36.7
1022
COPPER
1592
ND
1025
FLUORIDE
1592
0.18
1028
IRON
1592
ND
1032
MANGANESE
1592
0.003
1050
SILVER
1592
NO
1055
SULFATE
1592
ND
1095
ZINC
1592
NO
1930
TDS
1592
234
Gary J. erJ
Lab Director, Broward Testing Laboratory
ANALYTICAL
DETEC.
ANALYSIS
METHOD
LT.
DATE
-----------------------------
200.7
0.05
4-6-93
407A
1.0
3-27-93
220.1
0.10
3-25-93
340.2
0.05
3-25-93
236.1
0.10
3-31-93
243.1
0.001
3-29-93
272.2
0.002
4-6-93
426C
5.0
3-31-93
289.1
0.10
4-1-93
160.1
20
3-25-93
TELEPHONE: 1-800-458-3330 0 FAX: (216) 449-8585 -
R
BROWARD TESTING LABORATORY, INC.
4416ME, 11TH AVE., FORT LAUDERDALE, FLORIDA 33334
Sample Date: 3-19-93 RepurL 4t: 951-1592 Laboratory IU 0:86137
Client: ENVIROMETRXCS
683 SW 27TH AVE.
VERO BEACH, FL 32968
Date Received at Lab: 3-23-93
PWS ID NO: NONE
Location Code: SEBASTIAN HIGHLANDS WTP
POE
Time Received at Lab: 10:55
Analytical Series: Florida Safe Drinking Water Compliance,
Trihalomethanes Analysis 17-550.310(2)(a). (PW6027)
All values in ug/l unless otherwise noted.
ANALYSIS
ID PARAMETER SAMPLE It RESULT
-------------------------------------------
2950 TTHMs 1592 54.0
--Z-------- --'------------
Gary J. Me et
Lab Director, Broward Testing Laboratory
ANALYTICAL
DETEC-
ANALY.
METHOD
-----------------------------
LIMIT
DATE
501.2
1.00
3-25-93
TELEPHONE: t-8n0-4fiA-3:)M F7 FAX- 19M AAA.AX;RF
Parameter
Id Name
I
i
2063 Dioxin
2032 Diquat
0
,r
r
UNREGULATED BASE NEUTRAL EXTRACT. ANALYSIS-DIOX./D1Q.
17-550.410(3)
(PWS036)
t
Sample Analysis
Analytical
Det.Limit
Analysis
Number 'Result (mg/1)
Method
Used
Date
0325889 *
525
nd
03/31/93
0325889 BDL
549
0.4
03/29/93
* 'NOT PRESENT (QUALITATIVE SCREEN)
RESULTS IN UG/L
CHEMICAL ANALYSIS PERFORMED BY P.E.LAMOREAUX & ASSOCIATES, INC. FORt
BROWARD TESTING LAB
DATE COMPLETED: 03/31/93
NO COLLECTION DATE RECEIVED FROM CLIENT
BROWARD TESTING LABORATORY, INC.
4416 N.E. 11TH AVE., FORT LAUDERDALE, FLORIDA 33334
Sample Date: 3-19-93 Report. #: 951-1592 Laboratory ID #:86137
Client: ENVIROMETRICS PWS ID NO: NONE
683 SW 27TH AVE.
VERO BEACH, FL 32968 Location Code: SEBASTIAN HIGHLANDS WTP
POE
Date Received at Lab: 3-23-93 Time Received at Lab: 10:55
Analytical Series: Florida Safe Drinking Water Compliance,
Volatile Organic Analysis 17-550.310(2)(b) (PWS028)
All values in ug/l unless otherwise noted.
Gary J. he --
Lab Director, Broward Testing Laboratory
TELEPHONE: 1.800-458-3330 O FAX: (216) 449-8585
ANALYSIS
ANALYTICAL
DETEC.
ANALYSIS
ID
PARAMETER
SAMPLE
# RESULT
METHOD
LT.
DATE
-------------------------------------------------------------------------------
2378
1,2,4-TRICHLOROBENZENE
1592
ND
502.2
0.5
3-25-93
2380
CIS-1,2-DICHLOROETHYLENE
1592
NO
502.2
0.5
3-25-93
2955
XYLENES (total)
1592
NO
502.2
0.5
3-25-93
2964
DICHLOROMETHANE
1592
ND
502.2
0.5
3-25-93
2968
0 -DICHLOROBENZENE
1592
NO
502.2
0.5
3-25-93
2969
PARA -DICHLOROBENZENE
1592
NO
502.2
0.5
3-25-93
2976
VINYL CHLORIDE
1592
NO
502.2
0.5
3-25-93
2977
1,1-DICHLOROETHYLENE
1592
ND
502.2
0.5
3-25-93
2979
TR.-1,2-DICHLOROETHYLENE
1592
ND
502.2
0.5
3-25-93
2980
1,2-DICHLOROETHANE
1592
NO
502.2
0.5
3-25-93
2981
1,1,1 -TRICHLOROETHANE
1592
ND
.502.2
0.5
3-25-93
2982
CARBON TETRACHLORIDE
1592
NO
502.2
0.5
3-25-93
2983
1,2-DICHLOROPROPANE
1592
ND
502.2
0.5
3-25-93
2984
TRICHLOROETHYLENE
1592
ND
502.2
0.5
3-25-93
2985
1,1,2 -TRICHLOROETHANE
1592
NO
502.2
0.5
3-25-93
2987
TETRACHLOROETHYLENE
1592
NO
502.2
0.5
3-25-93
2989
PONOCHLOROBENZENE
1592
NO
502.2
0.5
3-25-93
,P 2990
BENZENE
1592
NO
502.2
0.5
3-25-93
2991
TOLUENE
1592
NO
502.2
0.5
3-25-93
2992
ETHYLBENZENE
1592
NO
502.2
0.5
3-25-93
2996
STYRENE
1592
NO
502.2
0.5
3-25-93
Gary J. he --
Lab Director, Broward Testing Laboratory
TELEPHONE: 1.800-458-3330 O FAX: (216) 449-8585
ii
LABORATORY SERVICES
P.O. Box 1833
Tampa, Florida 33601
(813) 229-2879
DHRS Certification //'s 84252 & E84025
April 12, 1993
r
Broward Testing Labs
4416 NE 11th Avenue
Fort Lauderdale, FL 33334
Attn: Jackie Kramer
Lab No.: 51430
sampled By: client
Received: 3-23-93
sample Description:
Water
Method: EPA 900.0
Gross Alpha
Sample pci/l Analysis Date
Envirometrics Sebastian
Highlands WTP POE < 0.5 t 0.3
!� r
4-03-93
Garrett McGibbon
Laboratory Manager
PUBLIC DRINKING WATER ANALYSIS REPORTING FORMAT
PUBLIC WATER SYSTEM INFORMATION Ito be eDmplalad by system or lab)
System Name: Sebastian Highlands 331 1136
Address: Sebastian, F1. Phone It 407 589-0340
Type (check one): bd Community 1 1 Nonti4nslent Noncommunity 1 1 Noncommunity,
1
1 -
SAMPLE INFORMATION Ito be completed by sampler)
Semple Data (MMDOYYI: 4 12893 Semple Time: 0900
Semple Lacadon(bespeclllc); Point of Entry to Distribution
Sampler Name end Phonst John O'Connor 407 562-1968
:hock
Signature- Title, Field Supervisor
Check Type(s): 1 1 Ietrlbutlon ( 1 Recheck of MCL 1 I Resample of Lab Invalidated Sample
Cleeronco ( 1 Thm Max Res Time I 1 Plant Top
1 Dblrib entry pt 1 I Raw 1 1 Composite of Multiple Site@ --Attach a format for each site
LABORATORY CERTIFICATION INFORMATION Ito be completed by lab)
Leis Name: Envirometrics, Inc HRS 0: -Exlilration Detai July ._1993.
Address: 683 SW 27th Ave. Vero Beach, F1 Phone/: 407 562-1968
Subcontracted Lab NPS I': 86137 GroupsAnelyted: Color, Odor, pH, MBAS, Turb
NO2-N
ANALYSIS INFORMATION, Ito be completed by lab) -
Dau Sompleb) Received: 4-29-93 Group(ol Analyzed 6 Results attached for compliance with 17-660, F.A.C.:
1 ) Nitrate I );Nltdte 1 1 Asbestos (4 Turbidity
Inorganics— Tdhaiomethanee— volatile Orgades— Secondaries --
1 ) A6 lS ( ) Partial ( I AN 4 1 1 Partial 1 1 All 21 1 1 Partial 1 ) AN 14 1 *Partial
Pesticides L PCBs- Group I Unregulateds-- Group II Unragulateds-- Rediochemicsis-
1 I All 25 1 ) Partial 1 1 All 13 11 Partial 1 )AN 37 ( I Partial I I Single Semple
Oldy Composites
'Provide radloehomicel sample dates & locations for each quarter
1 ) Grace Treadway, fo HEREBY CERTIFY that all attached andlytical data are correct.
i 7
Signature
Tide
st
COMPLIANCE INFORMATION Ito be completed by State)
Semple Collection Satisfactory:
Resemple Requested for:
Person notified to resemple:
j DERIACPHU Reviewing Official:
Date 5-17-93
r
Semple Analysis Satisfactory:
Reason:
Data Notified:
Effective 1193
nvfA BROWARD TESTING LABORATORY, INC.
WAAM 4416 N.E. 11 TH AVE., FORT LAUDERDALE, FLORIDA 33334
Sample Date: 4-28-93 Report #: 952-2525 Laboratory ID #:86137
I
Client: ENVIROMETRICS
683 SW 27TH AVE.
VERO BEACH, FL 3296E
Date Received at Lab: 4-29-93
PWS ID NO: NONE
Location Code: SEBASTIAN HIGHLANDS
POE
Time Received at Lab: 2:05
Analytic -al Series: Florida Safe Drinking Water Compliance,
Turbidity Analysis 17-550.310(3) (PWS026)
All values in NTU unless otherwise noted.
ANALYSIS ANALYTICAL
ID PARAMETER SAMPLE # RESULT METHOD
----------------------------------------------------
0100 TURBIDITY 2525 0.17 180.1
---------------
Gary J. Meyer
Lab Director, Broward Testing Laboratory
TELEPHONE: 1-800-45B-3330 ❑ FAX: (216) 449-8585
DETEC.
ANALYSIS
LT.
------------------
DATE
0.1
4-29-93
BROWARD TESTING LABORATORY, INC.
4416 N.E. 11TH AVE., FORT LAUDERDALE, FLORIDA 33334
Sample Date: 4-28-93 Report #:, 952-2525 Laboratory ID #:86137
Client: ENVIROMETRICS PWS ID NO: NONE
683 SW 27TH AVE.
VERO BEACH, FL 32968 Location Code: SEBASTIAN HIGHLANDS
J POE
Date Received at Lab: 4-29-93 Time Received at Lab: 2:05
Analytical Series: Florida Safe Drinking Water Compliance,
Secondary Chemical Analysis 17-550.320. (PWS031)
All values in mg/1 unless otherwise noted.
ANALYSIS ANALYTICAL
ID
PARAMETER
SAMPLE#
RESULT
METHOD
---------------------------------------------------------
1095
COLOR
2525
ND
110.3
1920
ODOR (TON)
2525
2
140.1
1925
LAB PH (UNITS)
2525
7.48
150.1
2909
FOAMING AGENTS
2525
ND
512B
-- - - -----------
Gary J. Meyer
Lab Director, Broward Testing Laboratory
TELEPHONE: 1-800-458-3330 ❑
FAX: (216) 449-8585
DETEC. ANALYSIS
LT.
----------------
DATE
5.0
4-29-93
1.0
4-29-93
0.01
4-29-93
0.1
4-29-93
BROWARD TESTING LABORATORY, INC.
4416 N.E. i 1 TH AVE., FORT LAUDERDALE, FLORIDA 33334
,
Sample Date: 4-28-93 Report #: 952-2525 Laboratory ID #:86137
Client: ENVIROMETRICS
683 SW 27TH 4E.
VERO BEACH, FL 32968
PWS ID NO: NONE
Location Code: SEBASTIAN HIGHLANDS
POE
Data Received at Lab: 4-29-93 Time Received at Lab: 2:05
Analytical Series: Florida Safe Drinking Water Compliance,
Primary Inorganic Analysis 17-550.310(1)(PWS030)
All values in mg/l unless otherwise noted.
ANALYSIS
ANALYTICAL
DETEC.
ANALYSIS
ID PARAMETER SAMPLE # RESULT
----------------------------------------------------------------------------
METHOD
LT.
DATE
1041 NITRITE 2525 ND
353.2
0.01
4-29-93
-------------
Gary J. Meyer
Lab Director, Broward Testing Laboratory
,o
TELEPHONE: 1-800-458-3330 ❑ FAX: (216) 449-8585
General Development Utilities. Inc.
An Atlantic Gulf Communities Corporation Subsidiary
2601 SOUTH BAYSHORE DRIVE N
MIAMI, FL 33133-5461 N �Qg3
(305)859-4331 c err
C14 ReoiVBd
n navel
`G 00°
ZEZ1,".
Mr. Gerald C. Hartman, P.E.
President
Hartman & Associates, Inc.
201 East Pine Street
Suite 1000
Orlando, Florida 32801
SM/
Charles E. Fancher, Jr.
PRESIDENT
March 19, 1993
RE., SEBASTIAN HIGHLANDS WATER AND WASTEWATER SYSTEM
Dear Gerry:
/have received your recent letter on behalf of the City of Sebastian and disagree with
your characterization of prior communications and conduct of the parties. I do not
think it productive to comment on any implied characterization of the Franchise
Agreementin yourletter, but our failure to commentin this regard should not be taken
as acquiescence. I offer the following comments relative to the present situation.
I think we both agree that preliminary discussions to date regarding the City's desire
to acquire GDU's Sebastian utility system have not been productive. We are willing
to pursue further discussions in good faith, but only in a confidential setting. We
welcome your thoughts as to how this can be accomplished. /f the City is ultimately
to acquire the GDU system, it is in the best interest of both parties to do so in a
concerted manner and avoid the time and expense involved in adversarial proceedings.
When l discussed the City's potential interest last Fall, I advised that GDU desired to
file a request for general rate increase. l also advised you and Mr. Mc Clary that given
the City's interest in acquiring the Utility, a hearing on the rate increase should be
conducted by a hearing officer from the Department of Administrative Hearings to
avoid a conflict of interest which could result if the City Council were to try to decide
the case. More than six months have passed, and/ have received no response to this
suggestion. I believe the facts in this regard are unchanged, and l renew the
suggestion that the City requesta DOAH officer to hear our request for rate increase.
March 19, 1993
Mr. Gerald C. Hartman
Hartman & Associates, Inc.
Page 2
If the City wishes to proceed with a purchase under the franchise the process should
begin now since any actions of the City at a later date may interfere with our sale to
another party.
Very truly yours,
Charles E. Fancher, Jr.
Presiden t
CEF/cc
cc: J. Larry Rutherford
Thomas W. Jeffrey
Robb McClary, City of Sebastian
Rick Votapka, City of Sebastian
Charles Nash, City Attorney
Tom Cloud, GHR
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
M E M O R A N D U M
DATE March 23, 1993
TO Richard B. Votapka, Utilities Director
FROM GDU Negotiations
SUBJECT GDU systems remaining in operation to date.
Gerry Hartman of Hartman & Associates told me that as of
this date only four (4) utility systems remained under
GDU ownership. Ranking them from largest to smallest,
they are as follows:
1) Silver Springs Shores (near Ocala)
2) Sebastian Highlands
3) Port LaBelle (Central -South Florida area)
4) Vero Highlands (south of Vero Beach)
The GDU water and sewer systems in Port Charlotte on the
west coast and Port St. Lucie on the treasure coast are
currently involved in condemnation suits. The large
systems in Palm Bay and Northport were recently taken
over by others as a result of condemnation action.
(o1,y,
F�r You, .
I` '7
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
March 24, 1993
VIA FACSIMILE
HAI #92-023.00
M �m s
Mr. Robert S. McClary 0 3
.%C, CD ►1'
City Manager 2
City of Sebastian$.
P.O. Box 780127
Sebastian, Florida 32978-0127
SUBJECT: March 23, 1993 Telephone Conversation with Charlie Fancher
Dear Mr. McClary:
After 5:00 A.M. on March 23, 1993, I received a telephone call from Charlie Fancher
regarding the City of Sebastian's desire to acquire the GDU facilities. After the first few
formalities, I responded to his letter verbally stating that we had previously sent him a letter
stating that a hearing officer would not be utilized in the review of a rate case by GDU, and
that the rate case would be handled in the fashion provided for in the City ordinances.
Next, we got into the restrictions for potential acquisitions and negotiations, and the ground
rules. He asked if the same restrictions are in force, and I reiterated the following restrictions
to him:
1. Consumer rates must not increase greater than Indian River County's.
2. The City will not require mandatory hookups or impose taxes or assessments to support
the acquisition.
3. The acquisition must function as an enterprise fund without subsidies and without
incurring a negative cash flow.
He stated that he had talked with Larry Rutherford and felt that he was also operating under a
few restrictions. Those restrictions were as follows:
1. Maximize the cash payment up front.
2. No impact upon a grouped sale of their other utilities.
3. A purchase price which is at least equivalent to the cost from the other entities that they
are talking to in their negotiations (i.e., the sale to the City at the same cost as to other
entities desiring the purchase of this system.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRA\KE • GERALD C. HART\AN • MARK 1. LIKE • MARK A. RYNNING • HAROLD E. SCHMIDT. JR.
/MN ?0 1�
Mr. Robert S. McClaiy
March 24, 1993
Page 2
4. Consideration of futures to a minor extent.
He stated that he wanted to reiterate his letter in that he would like to have a process developed
for proceeding. He wished to find out:
1. Whether he could negotiate an agreement which he could recommend to his superiors
and that I could recommend to the City of Sebastian for review and consideration.
Therefore, he wished to see if there was a common ground that could be attained
between the two of us in a private meeting.
2. If a common ground can be attained, he wished to have a second meeting which would
include review, consideration, questions and other discussions with the decision makers
on both sides.
3. If this second meeting is fruitful, then concurrent activities for operational transition,
asset transfers, real estate closings and associated activities, regulatory and
administrative matters, and financing, such that the third time period could be
accomplished in 60 days, plus or minus.
In the above manner, he felt that the activities could be accomplished possibly in the month of
June, 1993, and having closing occur in that month on the transaction.
At that juncture, the telephone conversation ended with my scheduling a confidential meeting
with him at 10:00 A.M. on April 8, 1993.
This memorandum also serves as my request to the City of Sebastian to authorize me to
discuss this acquisition with Mr. Fancher in private in a confidential meeting to potentially
resolve a framework to get the deal done. This negotiation, of course, would be subject to
review, modification, approval and renegotiation to some extent within the bounds of the
framework of the deal and to include more specificity by the City. He just wants to know
whether we can get to a deal or not, and if he is not willing to get to a ballpark program which
we can live with, then I am of the opinion to recommend to the City to proceed with the three -
appraiser procedure associated with this acquisition.
It is my opinion that, at this juncture, GDU may still look for a settlement negotiation once
they see the resolve of the City to proceed with the procedures set forth in the franchise and to
minimize their expense, due to the fact that they may realize their expenses are not
reimbursable and that the City may still back out of the transaction if an appropriate, fair
purchase price cannot be attained. Even if GDU does not negotiate after we put in the
procedure for the appraisals, at least the City would then have three (3) independent appraisals
of the system, which would form the basis of value consideration for potential acquisition.
A40*41 10�
Mr. Robert S. McCla,,
March 24, 1993
Page 3
I recommend that we have this last negotiation meeting with Mr. Fancher. If we cannot come
to a reasonable framework which I can recommend to the City as a fair and equitable price
within the bounds of comparable sales and in consideration of the City's franchise agreement,
then the City may decide to:
1. proceed with the formal three -appraisal process; or
2. negotiate themselves with GDU at that juncture.
I am requesting the City Manager's approval for me to meet with GDU on behalf of the City
in a confidential meeting and to approve this limited strategy and process stated above. Please
give me a call at your earliest convenience with your authorization.
Very truly yours,
Hartman & Associat ,
k1- —
Gerald C. Hartman, P -. E.
President
GCH/ch
C19/McClary.gch
cc: Rich Votapka, City of Sebastian
Tom Cloud, GHR
Hal Schmidt, HAI
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 0 FAX (407) 589-5570
H E H 0 R A N D U H
DATE : March 25, 1993
TO : File
FROM : Rich Votapka, 12lS✓
Utilities Director
SUBJECT : Special Meeting of Sebastian City Council in Regard to
the General Development Corporation Water & Sewer
Franchises held on April 1, 1981
Tape No. 2 of Meeting - right side of tape at [65]
Reference made to Section 3 Rates; Procedure for Fixing
and changing Article (2) Paragraph 3.
During the discussion on contribution -in -aid of construction, Flip
Lloyd, City Engineer, asked the question -"somewhere down there,
you (the City) annexes a piece of land, they (the residents) want
to come on the system. GDU says fine, we'll do it; you put these
facilities in. Five (5) years later, the City of Sebastian wants
to purchase the system; those items were put in by the contractor
and given to GDC will not be a capital cost that the City would
have to purchase, would they? GDU spokesman, Gerald Hosian
said "that is correct; they would not be." Flip Lloyd said "it
excludes that.' Gerald Hosian said "absolutely! That is
considered, again a contribution as donated property, same as
donated dollars. Richard Votapka said "The City doesn't pay for
it, if GDU doesn't pay for it." Gerald Hosian said "essentially
that is correct."
"Conveyance of System" Discussion
Section 16 is on Tape 3 ---------------First 15'
Discussion pertains only to the time period, Richard B. Votapka's
recommendation to have a definite time limit of 180 days inserted
into the Section from notice of intent to conveyance of the system
to the City.
CC: Robb McClary, City Manager
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
LETTER OF TRANSMITTAL
DATE : March 26, 1993
TO : Tom Cloud of Gray, Harris & Robinson, P.A.
FROM : Rich Votapka, Utilities Director
SUBJECT : GDU Water & Sewer System Franchises
I hand delivered the following items to you today;
1) Duplicate tapes of April 1, 1981 discussions concerning the
GDU Water System Franchise.
2) Newspaper Articles dated March 9, 19, 25 & 26.
3) My personal file on the GDU water and sewer rate increases in
1983 including notes taken during the May 25, 1982 rate
hearing. (Please return at your earliest convenience)
4) My copy of the 1986 GDU Water & Sewer Rate Filing Application.
(Please return at your earliest convenience)
5) Copy of Ordinance No. 0-81-8C & No. 0-81-9C amending the Rate
Schedule of the Water & Sewer Franchises.
6) City Council Meeting Minutes re: GDU Franchise Agreements and
City Utility Ordinance for the following meetings:
August 13 & 20, 1980
September 17, 1980
October 13 & 29, 1980
November 10 & 19, 1980
March 16 & 25, 1981
April 1 & 22, 1981
May 11 & 20, 1981
City of Sebastian
POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M E M 0 R A N D U H
DATE : March 29, 1993
TO : The Sebastian City Council
THROUGH : Robb HcClary, City Manager f L' : ,>_
FROM : Rich Votapka, Utilities Director 1-1a V/
SUBJECT : Farmers Home Administration Pre -Application for the
General Development Utilities Water and Sewer System
Acquisition in the City of Sebastian
During my meeting with Mr. Gerry Hartman of Hartman and Associates.
Inc, on Friday, March 26, 1993, Mr. Hartman's associate, Gary
ReVoir, presented us with the State's March 18, 1993 letter in
reference to the above. The letter written by Director Janice L.
Alcott of the Florida State Clearinghouse had just been received
and stated that there was no objection to funding the acquisition
at this time. This, in essence, means that the Pre -Application has
been approved and that the formal application can now be submitted.
Both Gerry Hartman and Gary ReVoir informed me that work on the
formal application would begin immediately so that it could be
submitted as soon as possible.
RBV/ar
LAWTON CHILES
GOVERNOR
March 18, 1993
Mr. Gary 7.-ReVoif�IT
Project Engineer
Hartman and Associates,
Incorporated
201 East Pine Street
Suite 1000
Orlando, Florida 32801
STATE OF FLORIDA
f®ffice of toe (Stevernor
THE CAPITOL
TALLAHASSEE. FLORIDA 32399-0001
RE: Water and Waste Disposal Systems for Rural Communities - Sebastian, Indian River
County, Florida
SAI: FL9302030169C
Dear Mr. ReVoir:
The Florida State Clearinghouse, pursuant to Presidential Executive Order 12372,
Gubernatorial Executive Order 83-150, the Coastal Zone Management Act Reauthorization
Amendments of 1990 and the National Environmental Policy Act, has coordinated a review
of the above referenced project.
Pursuant to Presidential Executive Order 12372, the project will be in accord with State
plans, programs, procedures and objectives when consideration is given to and action taken
on the enclosed comments and requirements of our reviewing agencies.
The Department of Environmental Regulation (DER) indicates that permits may be required
prior to start of construction. Sound development practices should be maintained during all
phases of construction and early coordination with DER's district office in the project area
may hell, to eliminate problems in the permitting process. Please refer to the enclosed DER
comments.
1993
We have reviewed the referenced application for financial assistance and do not object to the
project based on the information available at this time. Therefore, the project, at this stage,
is consistent with the Florida Coastal Management Program. However, our reviewing
agencies have identified several issues which cannot be addressed by the applicant until the
project proceeds to later stages of design and permitting. All subsequent funding decisions
for this project will be reviewed for consistency by the State. The final consistency review
of this project will be the State's permitting review, if applicable. We strongly encourage
you to resolve the identified concerns with permitting agencies through early, pre -application
coordination.
Mr. Gary J. ReVoir 1I
Page Two
Please attach a copy of this letter and any enclosures to your application facesheet or cover
form and forward to the federal funding agency. (If applicable, enter the State Application
Identifier (SAI#) number, shown above, in box 3A of Standard Form 424 or where
appropriate on other cover form.) This action will assure the federal agency of your
compliance with Florida's review requirements and reduce the chance of unnecessary delays
in processing your application by the federal agency.
Sincerely,
Jam L. Alcott, Director
State Clearinghouse
JLA/bl
Enclosure(s)
cc: Department of Environmental Regulation
Department of State
Department of Transportation
Florida .Department of Environmental Regulation
Twin Towers Office Bldg. • 2600 Blair Stone Road • Tallahassee, Florida 32399-2400
Lawton Chiles. Governor
17 March 1993
Janice L. Alcott
Director, State Clearinghouse
Office of Planning and Budgeting
Executive Office of the Governor
Room 411, Carlton Bldg.
Tallahassee, Florida 32399-0001
RE: FmHA/Water & Sewer System Acquisition
City of Sebastian, Indian River County
Dear Ms. Alcott,
Vironis B. Wetherell, SmeW7
Based on the information provided, we find the funding request
for the acquisition of the General Development Utilities, Inc.
Water and Wastewater systems by the City of Sebastian to be
consistent with our authorities in the Florida Coastal
Management Program at this time. The applicant will need to
coordinate with the DER Central District office in Orlando
((407)894-7555) in order to modify the facilities' permits to
reflect the change in ownership should the funding be approved.
If you have any questions concerning these comments, please
feel free to call me at 488-0784.
Sincerely,
Susan Goggin
Environmental Specialist
Office of Intergovernmental Programs
SEG/:
cc: Lee Miller, DER Central District Office
RmC `1 /trpw
PFN: 930398
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF HISTORICAL RESOURCES
R.A. Gray Building
500 South Bronough
February 17, 1993 Tallahassee. Florida 32399-0750
Directors Office Telecopier Number (FAX)
(904) 488-1480 (904) 488-3353
Ms. Janice L. Alcott, Director
State Clearinghouse
Executive Office of the Governor-OPB
Room 411, Carlton Building
Tallahassee, Florida 32399-0001
In Reply Refer To:
Susan Hammersten
Compliance Review
Section, DHR
(904) 487-2333
RE: SAI# FL9302030169C
Farmers Home Administration Funding Application
Acquisition of General Development Utilities Plants
Sebastian, Indian River County, Florida
Dear Ms. Alcott:
In accordance with the provisions of Florida's Coastal Zone
Management Act and Chapter 267, Florida Statutes, as well as the
procedures contained in 36 C.F.R., Part 800 ("Protection of
Historic Properties"), we have reviewed the referenced project(s)
for possible impact to historic properties listed, or eligible
for listing, in the National Register o$ Historic Places.
It is the opinion of this agency that because of the project's
nature it is unlikely that any archaeological or historic sites
will be affected. Therefore, it has been determined by this
office that the proposed project will have no effect on any
historic properties listed, or eligible for listing, in the
National Register, or otherwise of archaeological, historical or
architectural value. The project is consistent with the historic
preservation aspects of Florida's Coastal Management Program, and
may proceed without further involvement with this agency.
If you have any questions concerning our comments, please do not
hesitate to contact us. Your interest in protecting Florida's
historic properties is appreciated.
Sincerely, /
George W. Percy, Director
Division of Historical Resources
and
GWP/Hsh State Historic Preservation Officer
Archaeological Research Florida Folklife Programs Historic Preservation Museum of Florida History
FLORID
GovE NOR
DEPARTMENT OF TRANSPORTATION
BCR D. WATTS
780 Southwest 24th Street 5`DR`TARY
Fort Lauderdale, Fla. 33315
Ms. Janice L. Alcott, Director
State Clearinghouse
Office of Planning and Budgeting
Budget Management and Planning Policy Unit
Executive Office of the Governor
Room 411, Carlton Building
Tallahassee, Florida 32399-0001
Subject: SAI No.: FL9302030169C
Dear Ms. Alcott:
February 19, 1993
Based upon the information provided, we find the subject project to have no impact on the
State Transportation System. The project has been reviewed under the Presidential Executive
Order 12372 and the Florida Coastal Zone Management Program for consistency with only
the following plans and policies:
* Intergovernmental Coordination
Based upon our review, we have no comments at this time relative to this project.
A re-evaluation of this project will be conducted during the environmental documentation or
permitting stage, if required.
If you have any questions regarding this response, please contact Cynthia Ratoff at (305)
797-1750.
Sirs Prely,
nthia Ratoff
Environmental Specialist III
Department of Environmental Office
Dept. of Transportation District IV
®RECYCLED
PAPER
n
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
April 5, 1993
Mr. Gerry Hartman, P.E.
Hartman & Associates, Inc.
201 East Pine Street
Suite 1000
Orlando, FL 32801
Re: Additional Engineering
Cost Estimates for the
Water and Sewer Systems
Dear Gerry:
Proposals and Construction
City of Sebastian Anticipated
On March 30th, I accompanied Mr. Glenn Schuessler, Assistant Indian
River County Environmental Health Director, in taking chlorine
residuals and trihalomethane samples at various locations
throughout the GDU water system in Sebastian. The chlorine
residuals varied from a low of 0.2 ppm to a high of 1.5 ppm in the
distribution system and was 3.0 ppm at the plant. The
trihalomethane results will be forthcoming in approximately three
(3) weeks. I will furnish you with a copy of the results when I
receive them from Mr. Schuessler.
As a result of the tests taken yesterday and the meeting I had with
you on Friday, March 26th, I would like you and your staff to
prepare and submit the following items to me as soon as possible
for budgetary purposes:
1) An engineering proposal to design, permit, inspect,
certify, and prepare record drawings for installation of
an ammoniation system at the General Development
Utilities Filbert Street Water Treatment Plant for the
purpose of trihalomethane control. Please prepare a
preliminary cost estimate for installation of the system
and include it with your proposal.
2) An engineering proposal to design, permit, inspect,
certify, and prepare record drawings for installation of
a 10" PVC OR 18 water main with fire hydrants from the
Park Place water treatment plant site on the south side
of Stratton Avenue to the 6" looped water main at the
intersection of Stratton Avenue and Barber Street. The
water main will be approximately 1750 feet long. Please
prepare a cost estimate for construction of the water
main and include it with your proposal.
Page Two
Letter of April 5, 1993 to Gerry Hartman
3) An engineering feasibility study to determine if the
present 142,000 gallon per day percolation ponds at the
existing GDU Wastewater Treatment Plant can be increased
to 300,000 gallons per day to accomodate the increased
flow from Park Place and Palm Lake Club Mobile Park
Developments.
4) An engineering proposal to design, permit, inspect,
certify, and prepare record drawings for installation of
a 6" or larger (if necessary) DR 25 PVC force main from
the existing County lift station (370 feet east of the
entrance to Park Place) to the 8" force main on Schumann
Drive northwest of the Pelican Island Elementary School.
The force main would be located on the north side of
Stratton Avenue and Barber Street and east side of
Schumann Drive. It would be approximately 5,400 feet
long and most probably would necessitate replacement of
the pumps in the lift station. Please provide a
preliminary construction cost estimate for same and
include it with your proposal.
5) A proposal to provide a complete legal description for
existing boundary of the corporate city limits of the
City of Sebastian. The City will be able to provide you
with the 1959 U.S. Government General Services Agreement
having the legal description of the airport, copies of
the plats for 17 General Developemnt Corporation Units
and other subdivisions and PUD's within the City, and
recent annexations. However, records are sparse in
regard to the boundary along the Indian River.
Should you have any questions, please call me. I would like you to
prepare the proposals and preliminary construction cost estimates
in anticipation of the City of Sebastian acquiring the General
Development Utilities Water and Wastewater Systems. The above five
projects would respectively provide for:
1) Trihalomethane control at the GDU plant.
2) Elimination of the Park Place water treatment plant by
having the GDU plant be the sole provider of water to
Park Place and Palm Lake Club.
Page Three
Letter of April 5, 1993 to Gerry Hartman
3) Investigation into the feasibility of expanding the
percolation ponds at the GDU wastewater treatment plant.
4) Conveyance of the sewage from Park Place by constructing
a sewage force main from the Park Place system to the GDU
system to sever the tie to the Indian River County
system.
5) Definition of the City's corporate boundary in
preparation of master plans for water and sewer systems
within the City of Sebastian.
Sincerely, /
lir �i'�.a...�.t lf V G"�
Richard B. Votapka, P.E.
Utilities Director
RBV/pwb
enclosures
V cc: Robb McClary,
City Manager R
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City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
April 7, 1993
Mr.Gerry Hartman
Hartman and Associates, Inc.
Southeast Bank Building
201 East Pine Street
Suite 1000
Orlando, F1. 32801
Re: Feasibility Study for Takeover of the Sebastian Lakes
Development Wastewater Treatment Plant by the City of
Sebastian
Dear Gerry:
The City of Sebastian has recently concluded negotiations with
St. Paul Corporation, owner of the Sebastian Lakes condominium
development at 1101 Fellsmere Road (County Road 512) in Sebastian
in regard to the future development of the project. As a result of
those negotiations, St. Paul Corporation requested that the City of
Sebastian takeover complete operation, maintenance, and ownership
of their existing 60,000 gallons per day extended aeration activat-
ed sludge wastewater treatment plant. The plant, two 120,000
gallon percolation ponds, and approximately 3 acres on which the
plant and ponds are situated would be dedicated to the City in
exchange for guaranteed reserved capacity of 200 sewer connections
to the Sebastian Lakes development. St. Paul Corporation also
agreed to provide $3000 to fund a feasibility study at the City's
request to determine whether or not acquisition of the wastewater
plant would be beneficial for the City.
On April 5, 1993, the City received a $3,000 check from the
Chase Bank of Maryland to fund the study. Therefore, by virtue of
this letter, I am authorizing you to initiate and complete the
feasibility study as soon as possible at a cost not to exceed
$3000, so that the City will be able to have a timely response to
the St. Paul Corporation request. Payment to your firm will be
upon receipt of the study by the City.
Page Two of Two
April 7, 1993 Letter to G. Hartman
I request that you contact the owner's engineer, Allen
Engineering, 106 Dixie Lane, Cocoa Beach, Florida 32931. Call
(407) 783-7443 for either Mr. Dan Roberts or Mr. John Redmond for
any technical information concerning the plant. The owner's
representative is Ms. Cheryl Black Freindlich, Vice President of
the Chase Manhattan Bank in New York City at (212) 907-6589. She
can furnish you with any legal information in regard to the plant
and percolation ponds to aid in your study. The plant operator is
Mr. Carl Zubek of Vero Beach, Florida. He can be reached at 388-
9756. I would request that you contact the Orlando office of the
Florida Dept. of Environmental Regulation to inquire whether or not
a sanitary survey has been conducted for the plant, any violations
have occured, and any consent orders have been issued. The DER
Operating Permit Number is D031-156174. It is my understanding
from talking with Mr.Redmond of Allen Engineering that the average
daily flow into the plant is only 8,000 gals per day. The DER
monthly operating reports will, of course, confirm the amount of
flow and seasonal variation.
Please notify me at least 24 hours in advance prior to
inspecting the wastewater plant as I would like to be present when
your inspection is conducted.
In addition to the evaluation of the operational efficiency and
physical condition of the wastewater treatment plant, I ask that
you provide recommendations as to alternatives and cost estimates
to abandon the plant and connect to the County force main along
County Road 512 or to the GDU system based upon the City's proposed
acquisition of the system.
Should you have any questions in regard to the above, please
call me to discuss them.
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
RBV/pycb
cc: 'Robb McClary, City Manager ov
Bruce Cooper, Comm. Dev. Director
Enc: April 5, 1993 Memo from B. Cooper to R. Votapka
March 24, 1993 Letter from B. Hall to 3. Cooper
Cheryl Black Freindlich
Vice President
�
•� CHASE The Chase Manhattan Bank, N.A.
Real Estate Finance Business
'Im101 Park Avenue, 16th Floor
New York, New York 10178
Phone: (212) 9076589
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M E M O R A N D U M
DATE: April 5, 1993
TO: Richard Votapka
Utilities Director
FROM: Bruce Cooper
Director of Community Development
REFERENCE: Analysis of Sebastian Lakes Utility
The City of Sebastian has just received a check in the amount of
$3,000.00 from Chase Bank of Maryland. These monies are in
accordance with the City's agreement to have Hartman & Associates
to conduct a thorough analysis of the Sebastian Lakes Treatment
Plant to determine whether or not the City of Sebastian should
obtain this land and facility under any arrangement.
I have enclosed a copy of a letter dated March 24, 1993 from
Barbara Hall which outlines their first proposal regarding the
extension of Sebastian Lakes PUD. Please refer to item #3 in
relation to the sewer utility.
Please contact me as soon as you have received the feasibility
study in order for us to sit down with Sebastian Lakes
representatives to finalize our agreement. Thank you.
BC/gk
votapka.wo
VIA TELECOPY
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
Sebastian, Florida 32978
Dear Mr. Cooper:
In response to your request I am providing you with a written outline of my client,
St Paul Corporation's proposal to achieve a comprehensive solution to all of oar issues with
the City and to provide the property with certain development rights that will allow the
client to effectively market the property.
1. St. Paul Corporation will give the City S65,000.00 to construct Laconia Road
from Granduer Avenue to Fellsmere Road and will provide the City with copies of its
completed plans for the construction of Laconia Road. If water management permits have
not been obtained from the St. John's Water Management District, the City shall be
responsible for obtaining those permits and St. PaUI will reimburse the City for its costs in
permitting up to 131000.00
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-A.S15 EAST L.as OLAS BOULETARD FoxT LAUDEADALr. FLOHIDA 33301 105-765.0500 FAX 305-165-1377
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Barbara A. Hall
-76&8
March 24, 1993
VIA TELECOPY
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
Sebastian, Florida 32978
Dear Mr. Cooper:
In response to your request I am providing you with a written outline of my client,
St Paul Corporation's proposal to achieve a comprehensive solution to all of oar issues with
the City and to provide the property with certain development rights that will allow the
client to effectively market the property.
1. St. Paul Corporation will give the City S65,000.00 to construct Laconia Road
from Granduer Avenue to Fellsmere Road and will provide the City with copies of its
completed plans for the construction of Laconia Road. If water management permits have
not been obtained from the St. John's Water Management District, the City shall be
responsible for obtaining those permits and St. PaUI will reimburse the City for its costs in
permitting up to 131000.00
CREENREaD. THAURIC. 1t OFFMAx. LRCFT. aoszx h QucxTn_. ?-A-
SLS
-A.S15 EAST L.as OLAS BOULETARD FoxT LAUDEADALr. FLOHIDA 33301 105-765.0500 FAX 305-165-1377
MGj F ORT LAUDLRDALL W=T PALM BLACit lACUOXYI. t • TAL n-,3LE
Mr. Bruce Cooper
March 24, 1993
Page 2
2.St. Paul Corporation will dedicate to the City the additional 20 tees required
for an 80 foot corridor on Roseland Road. The construction of Roseland Road shall not
be required until the development of commercial uses within the property. The City W21
cooperate with St. Paul Corporation in its efforts to obtain County road impact fee credit
for the dedication of right of way for Roseland Road and for its construction.
3. St_ Paul Corporation will convey to the Sebastian Lakes sewer utility and will
convey to the City the lands on which the utility is located In payment for that utility and
for the land the City will grant to the property a credit which will entitle the owner of the
property to 200 sewer connections to the City -operated utility without char3c In the event
that the City ceases to serve the property prior to the time that 200 connections are
obtained, the City shall ensure the property will continue to maintain such rights with any
subsequent sewer service provider.
4. St_ Paul Corporation will provide the City with a check for 53000.00 within 10
days. The City shall use those funds to hire a consultant to prepare a feasibility study for
the City with respect to the City's acquisition of the utility.
5. The City will enter a developer's agreement with Sc Paul that would agree to
allow the property to remain within the current comprehensive plan land use designations
and remain within zoning designations that would allow the development of the remain
undeveloped property with general commercial uses in areas where that use is now
permitted and allow the development of residential uses up to a density of 8 units to the
acre on the retraining undeveloped property that is now designated as Medium Residential
use under the City's Comprehensive Pian. This provision would not prevent a subsequent
property owner from seeking a change in the land use and zoning to change some of the
commercial areas to residential and/or to atter the density permitted. Any such request
would be evaluated by the City based on it merits. The agreement would not oblige the City
to approve any such change.
6_ The developer's agreement would also recognize that the infrastructure
improvements required for the development of the property have been determined in the
agreement and that such improvements will provide adequate capacity on all affected
roadways for the development of the remaining undeveloped property with uses that do not
exceed the impacts of 145 acres of commercial uses and 240 residential units. This provision
would not prevent the City from requiring minor improvements such as turn lanes to serve
the site at the time that the uses are developed. The agreement would also exempt the
property from any future roadwav impact fees assessed to the property by the fly.
G It EENRERG Tit,%URIC.
Mr. Bruce Cooper
March 24, 1993
Page 3
In the interest of providing You with an outline in writing for tonight's meeting I have
sketched the details of a comprehensive strategy to resolve the concerns of the City and
protect the development potential of the property. Complete details will be worked out
over the next two months. We are requesting that the City continue in public hearing for
at least 60 days to allow the ciWs consultant to provide the City with a report on the utility
issue and allow us to jointly reach written agreements on all issues.
FAIVOMM
Yours truly,
Barbara A Hall
GNCF.PIRF.RG TBAURIC
HA..TMAN & ASSOCIATI,ey; INC.
engineers, hydrogeologists, surveyors & management consultants
Mr. Charles E. Fancher, Jr.
President
�ol� b � e� �a✓,�
April 8, 1993 HAI x/92-023.04
89
5,667 70
W
APR 1993
CR M%Ved
Qnage�s
General Development Utilities, Inc.
2601 South Bayshore Drive
Miami, Florida 33133-5461
Subject: General Development Utilities, Inc. - Sebastian Highlands Division
Dear Mr. Faucher:
In September, 1992, General Development Utilities, Inc. (GDU) provided us with the 1991
Consolidated Annual Report and the Peat Marwick Auditor's Report for the year 1991, to
utilize in our preparation of a Farmers Home Administration (FmHA) application for the City
of Sebastian associated with the acquisition of GDU's Sebastian Highlands Division. Since the
pre -application submittal to the State utilized outdated material, I was wondering if the 1992
GDU Consolidated Annual Report and the'Independent Auditor's Report have been finalized.
If so, we request that this information be provided to us to finalize the application utilizing
updated information.
Charlie, for your information, we have received a letter from the State Clearing -house which
indicated that at this time they do not object to the project based on the information available at
the time of their review. Since this project is appearing to move along to a speedy conclusion,
the faster we get this information, the sooner we can get a final approval from the FmHA and
the State relative to this project. If possible, please provide this information prior to April 23,
1993, so that we can finalize the application.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER. CHARLES W. DRAKE • GERALD C, HARTMAN • MARK I. LHKE.-MARK A. RYNNING • HAROLD E. SCHMIDT, JR.
r•
Mr. Charles E. Fanc,_�, Jr.
April 8, 1993
Page 2
If you have any questions, please do not hesitate to call me. Thank you for your assistance in
this matter.
Very truly yours,
Hartman & Associates, Inc.
Harold E. Schtrfidt, Jr.,- P.E.
Vice President
HES/ch
C20/Fancher.hes
cc: Robb McClary, City of Sebastian
Richard Votapka, City of Sebastian
Gerry Hartman, HAI
Gary ReVoir, HAI
April 12, 1993
VIA FACSIMILE & U.S. MAIL
Mr. J. Larry Rutherford
Atlantic Gulf Communities Corporation
2601 South Bayshore Drive
Miami, Florida 33133-5461
,,ILkIN92-023.04
APR 1993
CReMe88e d vc
Office
Subject: Offer of Purchase of General Development Utilities, Inc. Sebastian
Highlands System
Dear Mr. Rutherford:
As you know, both Mr. Fancher and Mr. Hartman have met and discussed this potential
transaction. The City of Sebastian recognizes the desire of General Development Utilities,
Inc. (GDU) and its parent company Atlantic Gulf Communities Corporation to maximize the
cash -up -front situation and minimize the continuing nature of the transaction. Previously, as
a part of the offer to settle the Port Malabar acquisition, GDU offered a $2.5 million sales
price for the Sebastian Highlands system on a cash -at -closing basis.
We have reviewed and discussed the proposed purchase and sale agreement between the parties
with the full understanding that Section 5, Purchase Price and Payment, is the single major
item which has not been resolved. We also understand that the Rebate Agreement with the
Reflections would not be assumed by the City and would remain the responsibility of GDU.
The benefit of resolving this transaction at this juncture for both parties is an economy of cost
associated with the other scenarios and a time value of money situation.
In accordance with Mr. Hartman's commitment to Mr. Fancher, which the City has supported,
we have met with the City Council members individually as part of this negotiations. These
meetings were conducted on April 14, 1993. The purpose of these meetings were to discuss
the status of the negotiations and to allow individual Council members time to provide
inquiries relative to the negotiations to date.
As City Manager of the City of Sebastian, Florida, we are offering cash at closing, with the
above -referenced agreement, a total amount of $ for the GDU Sebastian Highlands
system. No futures or additional payments would be made over and above the amount shown
above. This amount and the agreement is subject to City Council review and approval, and
public hearings and the determinations therefrom, under the appropriate statutes of the State of
Florida.
Mr. J. Larry Rutherford
April 12, 1993
Page 2
This offer is good until April 23, 1993, and contemplates a closing on or before July 15, 1993.
If you have any questions regarding this offer, do not hesitate to give me a call.
Very truly yours,
City of Sebastian, Florida
Robert S. McClary
City Manager
RSM/ch
C20/Ruther.RSM
Attachment - Purchase and Sale Agreement
cc: Mayor, City of Sebastian
City Council, City of Sebastian
Richard Votapka, P.E., Utilities Director, City of Sebastian
Gerald C. Hartman, P.E., HAI
Thomas A. Cloud, Esquire, GHR
Charles Nash, Esquire
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
MEMORANDUM
TO: Charlie Fancher
FROM: Gerry Hartman
DATE: April 12, 1993 7
HAI #92-023.04
� 2
APR 1993
y Received
City Managers
Office
SUBJECT: Minutes of April S, 1993 Negotiations Meeting
Sebastian Highlands - GDU System
This memorandum is being prepared pursuant to our mutual agreement that I would summarize
our meeting and provide a copy of a memorandum to you regarding the same. The meeting
was conducted by the two designated negotiators for the two (2) parties to resolve as many
issues as possible and to bring back to the decision makers a transaction which both negotiators
would support. Of course, we both notified each other and conditioned the entire negotiation
session to be subject to, on your side, Larry Rutherford and the Board of Director's reviews,
and on my side, Robb McClary's (Rich Votapka's) and the City of Sebastian City Council's
review. We both recognize that the tentative transaction which we may derive in the meeting
may undergo further revisions and modifications in an effort to facilitate a transaction. The
intent, at this juncture, is to attain a transaction without litigation, going through the appraisal
process and potential litigation, or without the additional cost of filing a formal rate proceeding
with its associated review and associated cost at this time.
It was discussed that litigation would cost a very high percentage of the potential value of the
system on both sides and combined may be a deterrent to an acquisition. Secondly, the
appraisal process and potential litigation would cost on the GDU side several hundreds of
thousands of dollars with, on the City side, a lower but commensurate cost due to the
investigations and partial appraisal which has already been conducted. Again, such activities
would spend significant sums of money without having the money used for the transaction
itself, in benefiting the seller and the customers of the system. Similarly, there will be a cost
associated with filing a rate case with the City Council. Mr. Fancher was informed previously
that the City Council would hear such a rate case and the ordinances that are in-place at the
City would apply on such a filing. Mr. Fancher has provided to Hartman & Associates, Inc.
(HAI) a partial initial draft of a possible rate filing previously. The cost of this activity, again,
would detract from the value ascertained in the negotiation due to the fact that the City can,
and would have to anyway, conduct a rate study due to the transition of ownership.
Therefore, the entire rate proceeding which would be conducted may have very short useful
life versus the last rate proceeding, which had a useful life of approximately seven ('7) years.
These funds and expenditures by GDU, with the cost for application of a rate case and the cost
of the application review, would all be saved if a negotiation could be attained.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN -MARK I. LUKE • MARK A. RYNNING • HAROLD I... SCHMIDT. JR.
MEMORANDUM (Continued)
April 12, 1993
Page 2
It was with the above knowledge and consideration that these negotiations were held.
The initial positions of the parties were $650,000 cash at closing, plus futures for the City and
$4.5 million cash at closing for the Company. After some discussion, it was evident that the
Company desired as much cash at closing as possible, and the discussion focused on
maximizing that amount. The City's next position converted funds to cash at closing and
considered the market value of the system in a present value standpoint, which could be
supported by revenues of the system generating a cash at closing of $1.7 million with limited
futures.
Mr. Fancher stated that the Company should obtain as cash at closing the net original cost of
the system (this value includes the deductions for depreciation, CIRC, and is at the actual
original investment cost by the Company). That amount is $3.5 million.
At this point, limited discussion relative to excess capacity in the facilities and excess capacity
in the lines was conducted. Both sides understood the capacity situation. Mr. Fancher stated
that the Company invested $1.9 million approximately five or six years ago in a primarily 12 -
inch water transmission main with a water distribution system to the northeastern section of the
GDU development. He stated that the Company's original cost of $1.9 million was recent and
that it was made under the understanding that mandatory connection would be required of
those customers. He then pulled out maps which illustrated a number of homes which have
been constructed and not connected to the distribution system and water transmission system
constructed with invested funds by GDU, which were completed some five or six years ago.
He stated that this investment was at the request of the City and therefore, should be
recognized in the purchase price.
Then we discussed certain aspects of this negotiation with Mr. Robb McClary relative to
maximizing the amount of up -front cash, while minimizing the futures. The Company's
previous offer to sell the system for $2.5 million in conjunction with the Port Malabar (Palm
Bay) transaction was discussed as a value which the Company previously had, in some
respects, offered the City as a cash -on -closing, up -front deal for the system. This offer did not
include futures and was a total cash transaction. Mr. Fancher stated that was a previous and
combined type of offer, and was not independently valid. Mr. McClary then stated that cash
at closing of $2 million or in that order of how we were negotiating, would potentially be
acceptable to the City based upon other individuals' reviews. He stated that this value should
not constrain the negotiations and to keep going and try to resolve this issue to the best of our
abilities. One question that had surfaced was the value of the connection fees in a five-year
period as a subordinate "B" series type of bond. Mr. McClary provided the telephone number
of Barnett Securities in Jacksonville, and they were contacted at that time.
We then further discussed the ability to support a maximized cash -at -closing price. That value
attained $2.15 million -at lunch. This was following some three (3) hours of negotiation.
MEMORANDUM (Continued)
April 12, 1993
Page 3
Following lunch, Barnett Securities faxed back the pro forma for the level capital charges and
guaranteed revenue charges that the system had attained. Charlie indicated that the system
would have a combined annual level of approximately $175,000, combining both the
guaranteed revenues in the $30,000 to $40,000 range and the impact fees (capital charges) in
the $140,000 to $150,000 range. Using these values, an amount of $465,000 one (1) year
after closing was derived. This would be based upon the verification that at GDU's connection
fee level, sufficient revenues from the previous system would support this amount of
subordinate debt. The $465,000, then, would be additive to the $2.15 million, pledging both
the present value of connections for the next five (5) years and the maximum cash at closing
value of $2.15 million.
Mr. Fancher stated then that if he accepted a number less than $3.0 million in this negotiation,
there must be some type of sweetener, such that it can be shown that the Company was
regaining funds over and above that known cash amount. To attain the $3.0 million plateau, I
stated that the maximum cash at closing would be $2.15; therefore, pushing the contingent
cash flow amount to $850,000. To attain this level, the disputed operational cost was further
reviewed. HAI's position was that the operational cost of the system for fiscal year 1995
would be in the order of $500,000. Mr. Fancher's position was that this system was run in
1992 for $250,000, and that the operation and maintenance (0 & M) cost, exclusively, should
not exceed $300,000 by fiscal year 1995. Therefore, we both looked at the closing date of
July 15, 1993, and 12 months thereafter, which would be July 15, 1994, and taking that
period, what the O & M cost would be. Mr. Fancher maintained that the 0 & M cost would
be no greater than $300,000 for that time period, and we stated that the 0 & M cost would be
at least $400,000, or greater. To the extent that the value was less than the $400,000 (i.e.,
$300,000), with the splitting of the benefit such that there was incentive for the City to
minimize 0 & M cost, the Series "B" bond could be increased from $465,000 net proceeds to
seller to $850,000 net proceeds to seller (an additional $385,000 for that benefit). In other
words, if the cap revenues and guaranteed revenues for the July 15, 1993 through July 15,
1994 period attain $175,000 or more and if the operational cost for that period is $300,000 or
less, then a cash payment of $850,000 would be due and payable on July 15, 1994. Of course
a few days would be required to confirm the operational cost and the capital charges collected,
as well as the guaranteed revenues collected combined. To the extent the capital charges are
less than $175,000, i.e., half of that amount, then the supportable bond, one (1) year
thereafter, would only be $232,500. Similarly, if the operational cost in that 12 -month period
is $350,000, then the additional benefit would be $192,500. This would be reflective of the
system's performance and the ability of the City to pay these amounts based upon the
representations of the Company and the performance of the system. Mr. Fancher stated that
he wanted a defined payment amount, i.e., the $850,000 at a defined date, 12 months
following closing and Mr. Hartman agreed, given the performance of the system at the
$175,000 and the $300,000 per year level.
MEMORANDUM (Continued)
April 12, 1993
Page 4
At that point, a portion of the aspects had been tentatively agreed to at this level at $2,150,000
cash at closing and $850,000 payment one (1) year after closing based upon the $175,000 per
year cash flow stream for capital charges and guaranteed revenues combined, and the O & M
cost in the 12 -month period hitting $300,000 for the year. This is the O & M cost without
capital improvements.
Then the issue of futures was discussed and I stated that since we had already committed the
futures for the fust five (5) years in the above calculation, to attain the $465,000 of GDU's
capital charge, there were no futures to be provided in the fust 5 -year period; therefore, the
only futures we could provide as a sweetener would be from the sixth year through the tenth
year. Mr. Fancher said that he recognized that the City would increase their capital charges;
yet, the capital charges would not be increased greater than the capital charges of Indian River
County. Due to that increase in capital charges, then an amount should be available to GDU
for futures from closing through the 10 -year period. He stated that $250 for water and $250
per ERC for wastewater capital charges to be transferred to GDU on a per ERC basis annually
for the next ten (10) years would be the type of agreement for which he would be looking.
We looked up the connection charge for water for the GDU system and found it to be
approximately $1,140 per ERC; adding the $250 would render a $1,400 connection charge,
which would still be somewhat less than the Indian River County charge. Again, the same was
conducted on the wastewater side, showing that the connection fee would be somewhat less
than the Indian River County charge. I stated that the City had to have certain capital fees
coming in to provide for the capital improvements necessary to the system. There are
significant capital improvements necessary to meet regulatory requirements, including, but not
limited to:
1. Total trihalomethane problem.
2. The new sludge rule and sludge stabilization problems.
3. Limited capacity of the percolation ponds at the wastewater treatment plant.
Additional improvements to the effluent disposal capacity of the system would be required.
Each of the three items would increase the capital investment necessary simply to continue to
operate the systems. We continued and said that the connection charges should only be for
those new connections within the GDU plat, which was basically the whole City anyway, but
there is some distinction of those systems outside or those customers outside the GDU plat,
which may be connected to the system (i.e., Park Place), and the capital charge has already
been committed to the previous owner of that system, or some other situation.
In summary, the major points made by Mr. Fancher included the following:
MEMORANDUM (Continued)
April 12, 1993
Page 5
1. Approximately five or six years ago, the Company invested $1.9 million for the 12 -
inch water transmission and water distribution lines, and these are real costs and the
Company must be reimbursed for that, plus all the other value over and above that
cost.
2. The net original cost of the system is $3.5 million.
3. The method laid out in Section 16, page 1913, Appendix B, Franchises, stated that the
purchase price of the remaining assets is based upon the avera a of the net original cost
and a price as computed and agreed upon by three (3) competent and qualified
appraisers. If three (3) competent and qualified appraisers agree upon a price of $2.5
million, then the average of the two values would be $3.0 million.
4. In 1986, the rate base approved by the City, unadjusted for used and useful, had a net
book value of $3.7 million for water and $1.8 million for sewer, or $5.5 million. The
CIAC was also approved by the City as of December 31, 1995.
The points made by G. C. Hartman were as follows:
1. The value of the system is not as great as the net original cost and the averaging
method would not produce a value which is at the market.
2. There are only two (2) types of buyers available to GDU; those being the City of
Sebastian as the only city or county entity, or an investor-owned system. Any investor
who would look to purchase this system on its present rates, it would have little to no
value. A rate case would be required, additional costs for that rate case would be
required, and the system would have a "cloud over its head" for the next 18 years. The
level to which rates may be increased in the future would limit the value of the system
at that time and any knowledgeable buyer would discount this system due to the
franchise agreement which in-place and the representations of the Company to the City
in granting the franchise agreement. Such information would have to be disclosed to a
knowledgeable buyer, and therefore, the Company would not be able to attain as high a
value if such a franchise agreement had not been entered into.
3. The City of Sebastian does not need to acquire. The City can continue with the
wholesale water and wastewater agreement between the City and the County, and
continue to function in that manner, and develop its own utility systems with time and
just sit and wait relative to the GDU situation. The net original cost would continue to
decrease, as it had decreased by $2.0 million over the past seven or eight years, and it
would continue to decrease further over the next seven to eight years. In that time
period, the City could develop its own utility and serve those areas outside of the
franchise area for GDU. The Company would be forced to go through the cost of a
MEMORANDUM (Continued)
April 12, 1993
Page 6
rate case, would be forced to go through the additional expense of negotiating and
trying to sell the system to someone else, and would also have to go through the
financial carrying cost of this system for several years. Moreover, the Company would
have to provide corrective capital improvements to the system for the areas discussed
above. Finally, if the Company found some potential buyer for the system, a
knowledgeable buyer would not close until after the capital improvements or threat of
potential fines had either been escrowed or provided for, rates had been adjusted, and
adequate assurances were provided by the Company to the potential buyer relative to
the franchise agreement and accounting associated therewith. All of the above would
require a significant period of time and in my opinion, would be at least a year or two,
and the system at that time, in GDU's hands, would be worth no more than it is now as
a net proceed to seller.
Charlie Fancher requested that I:
1. Prepare a separate letter to him delineating the City's view of the scenario and also
communicating to him the statements by Terry Pinto, which he has stated "it is the
County's position is to simply wait out GDU and buy whenever GDU has to sell."
This statement was made to the City of Sebastian by Terry Pinto during our discussions
of our potential acquisition of the GDU with him, and our negotiations of the wholesale
agreement approximately one (1) year ago.
2. It is agreed that this transaction would be based upon the City's impact fees and the
City's rates and charges, both of which would be required to be increased over the
GDU rates, that the cash at closing would be $2,150,000, with at the end of the first
year, an $850,000 payment contingent upon at least $175,000 fust year capital charge
and guaranteed revenue combined cash flow and operational costs being at or below
$300,000 per year for the fust 12 months. Moreover, in the next ten (10) years for
water and wastewater ERC's a capital charge payment of $250 per ERC would be made
to GDU.
3. The agreement entitled "City of Sebastian, Florida/General Development Utilities, Inc.
Water and Sewer System Purchase and Sale Agreement", with the footer
"77/33:367/0" from Gray, Harris & Robinson, P.A., exclusive of Section 5, purchase
price and payment (to be modified to reflect the negotiations of the values set forth
above) is acceptable to the Company and would be subject to any legal review by both
parties.
4. There is a commitment between both Mr. Fancher and Mr. Hartman to communicate
on all issues and to support this negotiation to their respective parties.
MEMORANDUM (Continued)
April 12, 1993
Page 7
5. Mr. Fancher stated that they may not have any prepaid connection fees and that as
such, there may not be any connection fees held for future customer use.
6. The Company would allow the City to refuse to take the Reflections Rebate Agreement
with the responsibility staying with GDU, such that no rebates for the Reflections
Agreement would be required on behalf of the City; GDU would assume that
responsibility and would make rebates from the amounts paid to GDU from this
transaction. The other agreement language is generally acceptable to GDU with the
acknowledgment that certain contracts would not be assumed by the City.
7. The tentative closing date would be July 15, 1993.
I committed to Mr. Fancher that based upon this memorandum and discussions with Mr. Robb
McClary, we would make our best efforts to contact and discuss this issue with the City
Council and report back to him by April 15, 1993.
End of memorandum.
GCH/ch
C20/Sebast. mem
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
PRIVILEGED AND CONFIDENTIAL
Attorney's Work Product
MEMORANDUM
TO: Tom Cloud
Charlie Nash
Robb McClary.,
Rich Votapka
Hal Schmidt
FROM: Gerry Hartman ^[
DATE: April 13, 1993
HAI #92-023.04
SUBJECT: Status of Negotiations Between Gerald C. Hartman and Charles E.
Fancher, Jr.
Attached is my memorandum to Charlie Fancher sent to him via facsimile. The status of our
negotiations, subject to City Council review, is a purchase price of $2.75 million as the only
price to be paid and other facets simply to be in accordance with the draft agreement between
the City and General Development Utilities, Inc. (GDU) previously prepared by Mr. Cloud.
The major changes would be in Section 5, Purchase Price and Payment, as a single lump sum
payment versus the method that was delineated in the previous agreement. Other changes
would be in Section 6, Status of Title, with the City paying for the title insurance. The other
sections would remain essentially the same.
His understanding of this status of negotiation between the two of us and our commitment to
each other is that we would individually report to our respective decision makers regarding this
negotiation.
Mr. Fancher requested that the City write a letter to him with an offer of purchase of the GDU
Sebastian Highlands system at a price which the City Manager would feel is appropriate. It
would be as a cash -at -closing basis.
Following receipt of the letter from Mr. McClary, Larry Rutherford will respond to Charlie
Fancher on or about April 20, 1993, relative to his approval or response to the offer, and then
if approved by Mr. Rutherford, it should go to the Board of Directors of GDU by the second
week of May, 1993.
Subsequently, I had the opportunity to talk to Mr. Fancher in which he expressed that their
intentions for a rate increase were communicated to the City and to me on March 19, 1993,
201 EAST PINE STREET • SUITE 1000 . ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX ( i07) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W DRAKE • GERALD C. HART\IAN . NARK I. LIRE • SIARK A. RYNNING • HAROIA E. IR
MEMORANDUM (Continued)
April 13, 1993
Page 2
and they would follow-up with another letter with the percentage increase that they were going
to file, but do not want to go through the expense of legal services, rate case expense and
review cost expense exposure to the City if a transaction is to be made sometime in the near
future.
The historic test year, 1991, illustrated rate relief for the Sebastian system based on GDU's
numbers in excess of the Indian River County rates.
Mr. Fancher committed to me on April 13, 1993, that he would address this issue in a manner
that would limit their cost exposure, but provide the information in which GDU believes
documents a significant rate increase. They believe they are deserving of a significant rate
increase in this system and have communicated that to us on several occasions.
End of memorandum.
GCH/ch
C20/Sebast.gch
Attachment
J. CHARLES GRAY
GORDON H. HARRIS
RICHARD M. ROBINSON
PHILLIP R. FINCH
PAMELA O. PRICE
JAMES F. PAGE, JR.
WILLIAM A. BOYLES
THOMAS A. CLOUD
BYRD F. MARSHALL, JR.
J. MASON WILLIAMS,$
LEO P. ROCK, JR.
G. ROBERTSON DILG
CHARLES W. SELL
JACK A. KIRSCHENBAUM
JAMES W. PEEPLESM
FORREST S. FIELDS, JR.
RICHARD E. BURKE
GUY S. HAGGARD
FREDERICK W. LEONHARDT
GRAY, AAigms
& RoBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS
AT LAW
SUITE 1200
GLASS BANK BUILDING
201 EAST PINE STREET
505 NORTH ORLANDO AVENUE
POST OFFICE BOX 3068
POST OFFICE BOX 320757
ORLANDO, FL 32808-3068
COCOA Ba =, FL 32932-0767
TELEPHONE (407) 8438880
TELEPHONE (407) 7832218
FAX (407) 2445690
FAX (407) 7832297
WRITERS DIRECT
DIAL
THOMAS C. SHAW
PAUL S. OUINN, JR.
DAVID L. SCHICK
JACK K. McMULLEN
SUSAN TASSELL SPRADLEY
TRACY A. BORGERT
MICHAEL K. WILSON
LILA INGATE MCHENRY
KENT L. HIPP
MICHAEL E. NEUKAMM
ROBERT L. BEALS
MALCOLM R. KIRSCHENSAUM
OF COUNSEL
PLEASE REPLY TO:
Orlando
April 20, 1993 N 9 �9
Robb McCleary, City Manager m U�f%aB��OF
CITY OF SEBASTIAN �s
Post Office Box 780127
Sebastian, Florida 32978-0127 CZd
—
aEc
RE: City of Sebastian, Florida/General
Development Utilities, Inc. Water and
Sewer System Purchase and Sale Agreement
Dear Robb:
Enclosed is the Agreement with my final changes incorporated.
In sending this Agreement, you need to note that this is all
subject to approval by our respective clients, final approval by
the attorneys, and completion of the Exhibits. There will still be
some "word smithing" which GDU's lawyers will probably indulge in
and some of the lesser important provisions in this Agreement, to
try and make it more consistent with the deal we did with Palm Bay
in Northport.
Please call me if you have any questions.
Enclosure
cc: Gerald C
f:\U8r\1dittman\367.1tr
Hartman, P.E.
S' rely your,
Thomas A. Clout
GRAY, HARRIS &
A.
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
April 23, 1993
Via: Fax 305 859-4657
Mr. Charles E. Fancher, Jr.
President, General Development Utilities, Inc.
2601 S. Bayshore Drive
Miami, FL 33133 - 5461
Re: General Development Utilities, Inc., Sebastian
Highlands System
Dear Mr. Fancher:
This is to confirm our telephone conversation of April 20, 1993
regarding the City of Sebastian's offer to purchase the General
Development Utilities, Inc. ("GDU") Sebastian Highlands system.
I am pleased to enclose the proposed purchase and sale agreement for
the City's purchase of the GDU system. As City Manager of the City of
Sebastian, Florida, we are offering cash at closing, -with the above
referenced agreement, a total of two million seven hundred fifty
thousand dollars ($2,750,000) for the GDU Sebastian Highlands system.
No futures or additional payments would be made over and above this
amount. This amount and the agreement, of course, are subject to the
review and approval of the Sebastian City Council, and only after
determinations from public hearings under the appropriate Statutes of
the State of Florida.
This offer is good until April 30, 1993 and contemplates a closing in
mid July, 1993.
We look forward to closing this transaction. Should you have any
questions regarding this offer will you please call?
Robert
S.
McClary
City Manager
RSM/jmt
Enclosure: Purchase and Sale Agreement
cc: Lonnie R. Powell, Mayor & Sebastian City Council
Richard B. Votapka, P.E., Utilities Director
Gerald C. Hartman, P.E., Hartman & Associates, Inc.
Thomas A. Cloud, Esq., Gray, Harris & Robinson
r�l
General Developmept Litdities.lnc.
An Atlantic Gull Communities Corporation Subsidiary
2601 MIAMI, PL 33133-546UTH 0RE DRIVE
29 31
`
(305) 859-4331
F\,i3O
ryVD
�'
APR 1993
ve
d
Mr. Robert S. McClary
R6Manag
otfiGeCity
City Manager
k0L
of Sebastian
s a! e�5ti °�
P.O. Box 780127
LL
Sebastian, Florida 32978
Re: Sebastian Highlands System
Dear Mr. McClary:
R
G17U
Charles E. Fancher, Jr.
PRESIDENT
April 28, 1993
I am in receipt of the City of Sebastian's offer to purchase the General Development
Utilities' Sebastian Highlands system. As I had indicated previously, General Development
Utilities, Inc.'s, Board of Directors will need to review and approve any transaction and the
City's offer also needs to be discussed with the Board of Directors of Atlantic Gulf
Communities Corporation (AGCC). Since the AGCC Board does not meet until early in
May, I will not be able to respond to your offer until after April 30, 1993.
In the meantime, I expect to file a request with the City for an increase in rates for water
and wastewater service, and the further request that the hearing to be conducted through the
Florida Department of Administrative Hearings. Given the City's expressed desire to
purchase this system from GDU, we think it would be appropriate for an independent,
disinterested body to consider the rate increase request.
Please call if you have any questions.
CEF:gi
Very truly ours,
Charles E. Fancher, Jr.
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
DATE: April 28, 1993
FROM: Rich Votapka, Utilities Director
TO Robb McClary, City Manager
RE Minutes of a meeting between Nelson Hyatt, owner, and Mike
Cairns of Park Place and Robb McClary, City Manager.
Robb McClary said that there are two (2) items which are
frustrating to the residents of Park Place:
1) Impact Fees
2) A Surcharge of $10.00 per month
The City of Sebastian needs to tie in rates with GDU eventually,
since the City hopes to acquire the GDU system by midsummer. The
City currently has a handshake deal with GDU, and would like to
work an agreement with Nelson Hyatt, whether in a cash payment or
cash and futures.
Robb McClary's thinking is that Nelson Hyatt has to deal with the
County in regard to sewer. However, concerning the water, the City
will offer a dollar amount to buy out Nelson in cash in order to
have uniformity in rates and eliminate the surcharge after
acquisition of GDU's systems. Robb foresees the original capital
investment will create a debt that will have to be paid by rates
and expansion by those benefitting. All new expansion will have to
be paid by new customers through impact fees.
Robb McClary reiterated that the two most important issues to
discuss now from the City's standpoint and that of Nelson Hyatt's
are as follows:
1) Impact Fees and 5 Year Grace Period until July 11,1994.
2) The $10.00 per month surcharge on every customer's bill.
Whatever the City does will hinge on GDU. New customers at Park
Place will have to pay sewer impact fees to Indian River County and
water impact fees to the City. The City wants to sever the tie to
the Indian River County sewer system by installing its own force
main to the present Indian River County lift station. The City can
offer a "no impact fee" accord to existing residents when the City
takes over the sewer system.
Page Two of Three
Minutes of April 28, 1993 Meeting
Re: Park Place
Park Place currently has 164 customers. At $10/month surcharge,
the total yearly amount is approximately $19,000 per year. It will
net Nelson Hyatt about $120,000 over 6 years. Of course, no one
can predict what revenue the next 6 years will bring in. Robb said
the dollar amount the City can start with is $70,000 to $80,000.
Nelson said that the bank is ready to buy Park Place for $350,000.
Robb said that if the bank offers that much, Nelson should pursue
the offer. Nelson is looking to reclaim his old Wastewater
Treatment Plant (WWTP) from the County. According to Nelson, it is
his, but the County removed it from the site once the lift station
was connected to the County force main along U.S. Highway No.l.
Nelson Hyatt said that the original WWTP was north of Stratton
Avenue (n(;w Barber Street) west of the railroad tracks.
Nelson referred to the Press Journal article last Sunday regarding
Utilities with specific reference to impact fees. Robb said new
customers will pay 100% of impact fees. He also said that if the
the City can take over the lift station, the City will not ask the
164 existing customers for impact fees once they resell their
mobile homes as the current agreement requires. Nelson Hyatt wants
to extend the impact fees grace period from 5 years to possibly 10
years. He said that he could possibly realize $440,00 in
reimbursement costs the next six years depending on new
connections. In 1988 and 1989, Park Place averaged 40 units per
year. Park Place currently has 212 lots that are buildable, 162
are already occupied. Nelson wanted to know what was in store for
future lots. Robb said that the City will honor the 5 year impact
fee grace period and grandfather in the existing residents. The
City will have to pay approximately $100,000 in engineering fees
and construction costs to install the force main. There will be no
impact fees for existing customers.
Nelson was under the impression that the City would pay for the
water and sewer line expansion when he develops his next phase of
Park Place. Both Robb McClary and Rich Votapka stated that any
expansion of development requires the developer to expand the water
and sewer systems. The systems, once completed and accepted, are
dedicated to the City. The cost of constructing the systems are
passed onto the individual homeowner when he/she purchases a home
in Park Place. The County never has paid for water and sewer
expansion in a new development, neither will the City.
Page Three of Three
Minutes of April 28, 1993 Meeting
Re: Park Place
In summary, the City will propose to do the following:
1) Will pay for 2 line extensions - one to the water plant; one
to the lift station.
2) Will grandfather in "no impact fees" for the existing 164
customers until 5 years expire in July, 1994.
3) Will offer cash - CASH
ERU's
or Combination
The City will have to pay $100,000 for installation of a force main
and $53,000 plus for installation of a water main.
The $10.00 per month surcharge will be eliminated.
Nelson is looking towards a cash payment and a number of ERU's
extended to a time certain.
The meeting was adjourned with the understanding that we would meet
again at 9:30 AM on Tuesday, May 4, 1993.
File: WP Directory/Minutes
HARTMAN c ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
Via Facsimile & U.S. Mail
'P pri �. 1993
�,,:
N� APR 1993
Receive
Z,
City Manager's
.
Otfice
'I
Mr. Charles E. Fancher, Jr.
President11 vvs�'
General Development Utilities, Inc.
2601 South Bayshore Drive
Miami, Florida 33133-5461
Subject: General Development Utilities, Inc. - Sebastian Highlands
Dear Mr. Fancher:
HAI #92-023.04
As you are aware, the above referenced purchase and sale agreement is nearing completion
with exception of the required exhibits. Preparation of these exhibits will require obtaining
substantial amount of information from General Development Utilities, Inc. (GDU). I have
attached for your use a preliminary data request which we will need to obtain from GDU for
preparation of the exhibits. I understand that the data request is quite lengthy and in fact,
some of the requested information may not exist. However, I feel its a good starting point.
Since time is of the essence for closing of this deal, it would be greatly appreciated if your
immediate attention could be directed to this matter. If you have any question please do not
hesitate to call.
Very truly yours,
Hartman & Associates, Inc.
Jon D. Fox -`
Project Engineer
JDF/dn/C-1/Fancher. jdf
Attachments
cc: Rich Votapka, Sebastian,
Rob McClary, Sebastian
Thomas Cloud, Esq., GH&R
Gerald C. Hartman, P.E., HAI
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARK 1. LUKE -MARK A. RYNNING • HAROLD E. SCHMIDT. JR.
Attachment
Sebastian Data Request
A. PRIORITY ITEMS:
• Provide all deeds and any other documents providing legal descriptions for the WWTP,
WTP, ground storage facilities, raw water supply wells, wastewater lift stations,
effluent disposal facility, all piping not placed in the public rights-of-way and all
easements of record whether they are held in the name of General Development
Utilities, Inc. (GDU) or Atlantic Gulf Communities Corporation (AGCC), formerly
General Development Corporation (GDC), which pertain to GDU water and
wastewater operations.
• Provide a breakdown of and/or all documents showing all equipment installed at the
WTP, well sites, WWTP, and pump stations, including:
a. equipment;
b. manufacturer;
C. model number;
d. serial number; and
e. miscellaneous (i.e., electrical requirements, horsepower, capacities, etc.).
• Provide a breakdown of and/or all documents showing all water mains, gravity sewers,
and force mains by type of pipe (i.e., ductile iron (DI), asbestos cement (AC), etc.)
including:
a. diameter (inches)
b. length (feet)
• A comprehensive inventory of movable assets to include:
a. Computers/Billing equipment
b. Transportation Equipment
C. Power Operated Equipment
d. Laboratory Equipment
e. Furniture
f. Miscellaneous Equipment
g. Tools and Maintenance Equipment
h. Inventory, Spare Parts, and Supplies
i. Radio Equipment
JDF/dn/Misc-1/Sab. jdf
HAI#92-023.04 1
Attachment (Continued)
Sebastian Data Request
• Provide one (1) set of mylar drawings and specification indicating as -built conditions of
the following:
a. overall water transmission and distribution system (scale 1"=600' or as
appropriate);
b. overall wastewater collection and transmission system, including pump stations
(scale 1"=600' or as appropriate);
C. water treatment plant expansions from inception to present date;
d. wastewater treatment plant expansions from inception to present date and;
e. raw water supply wells.
• Provide a copy of all vendor contracts, service agreements, developer agreements and
leases whether they are held in the name of General Development Utilities, Inc. or
Atlantic Gulf Communities Corporation.
• Provide a copy of all permits and other governmental authorizations and approvals
necessary to operate and maintain the water and wastewater systems.
B. ADDITIONAL INFORMATION
Utility Operations
• FDER monthly operating reports 1988 to April 1993.
• Daily operating reports kept at the WTP and WWTP showing pump run times,
chemical usage, and other information regarding these facilities for the years
1988 through April 1993.
• All documents showing the following information concerning the raw water to
the WTP including:
a. chemical analysis;
b. historic groundwater levels; and
C. raw water pumping daily flow charts since 1988 through present date.
(Actual charts required will be identified after review of FDER MOR's).
JDF/dn/Misc-1/Sab. jdf
HAI1192-023.04 2
Attachment (Continued)
Sebastian Data Request
All documents incorporating and/or showing all sludge hauling records from
1988 to present date. This information should include at a minimum the
following information:
a. sludge disposal site;
b. sludge quantity hauled per event;
C. sludge characteristics; and
d. contract hauler name, address, telephone number, etc.
• All pump station run times disaggregated by pump station on a daily basis for
the years 1988 through present date.
• All documents showing individual and composite pump curves for the high
service pumps located at the WTP and the raw water supply wells.
• All engineering reports prepared for the Sebastian water and wastewater
facilities since 1980.
• All documents showing fire hydrant tests data since 1988 and any information
regarding infiltration/inflow studies.
FINANCIAL
• All financial audits performed for the GDU Sebastian Highlands division for the
period 1989 through 1992.
• A current list of all documents showing water and sewer customers presently
connected service. This information should at minimum include:
a. name;
b. location;
C. type (i.e., residential, commercial, etc.); and
d. meter size.
• A list of and/or all documents showing all paid and committed water and sewer
equivalent units which have not been connected to the systems. The
information should be disaggregated between areas which have service (water
and sewer) currently available and areas that service is not available should at
minimum include:
JDF/dn/N isc-1/Sab.jdf
HAIf/92-023.04 3
Attachment (Continued)
Sebastian Data Request
a. name;
b. location;
C. type (i.e., residential, commercial, etc.); and
d. meter size.
• A complete balance sheet for the GDU Sebastian Highlands Division only and
all footnotes of disclosure items and allocations to the division if such
assets/liabilities are on a total company basis of 1989, 1990, 1991 and 1992.
• A breakdown of or all documents showing property taxes paid by parcel for
GDU for 1991 and 1992.
• The 1989, 1990, 1991 and 1992 Operating and Capital Budget for the Sebastian
Division. This data should include all projections beyond the 1992 time frame.
• A detailed breakdown of and/or all documents showing purchased power
expense for the water and sewer system by type of facility (treatment plant, lift
stations, etc.).
• Provide a detailed monthly breakdown of and/or all documents showing the
source of other water and sewer revenues for 1988 through December, 1992
(i.e., not sales revenue).
• For the years 1989 to present date provide the following information or all
documents showing the following by month and by water meter size:
a. number of bills rendered (water);
b. amount of gallons sold (water);
C. amount of gallons produced;
d. number of bills rendered (sewer); and
e. amount of revenue gallons billed (sewer).
• All annual operating reports filed from 1987 to present date detailing financial
operating results and statistic data for the Sebastian water and wastewater
facilities to include, but not limited to:
a. individual utility reports;
b. expense by individual Chart of Accounts;
C. depreciation expenses by specific plant accounts;
d. operating revenues by specific revenue type;
e. customers by meter size; and
IDF/dn/Misc-1/Sab.jdf
HAIN92-023.04 4
Attachment (Continued)
Sebastian Data Request
f. production, treatment and sales data.
• A detailed listing of and/or all documents showing all construction work in
progress balances including, by job number or contract number:
a. description of activity and purpose of addition;
b. total estimated project cost;
C. amount of expenditures spend to date (specify);
d. expected completion date;
e. asset life and salvage value of addition; and
f. asset retirement anticipated once addition is on line including historical
plant costs and accumulated depreciation reserve at time of asset addition
for each retirement.
• All Certificates of Insurance for the GDU Sebastian Highlands Division.
• A detailed organizational chart and/or all documents showing all employees
(unnamed) by job classification. This information should include at minimum:
a. current salary range per job classification; and
b. description of activities performed.
• A detailed listing of and/or all documents showing all plants in service (Fixed
Utility Assets) and all contributed plant in service and/or contributions -in -aid -
of -construction (CIRC).
a. a description of property (location, type of asset, linear feet pipe, etc.);
b. in service date;
C. work orders and work releases;
d. bid tabulations;
e. historical cost booked to gross plant in service;
f. accumulated reserve for depreciation on such plant balances;
g. estimated salvage value; and
h. average service life for depreciation accrued and estimated remaining
useful life of asset.
• All documents that provide a description of and the methodology used to
allocate all common operating expenses and general plant to water and sewer
accounts.
JDF/dn/Misc-1/Sab. jdf
HAI#92-023.04 5
Attachment (Continued)
Sebastian Data Request
• All land sale contracts entered into by Atlantic Gulf Communities (formerly
GDC) or GDU for providing water and sewer utility service to customers.
• All data, correspondence, memoranda and other documents relative to any water
or wastewater rate increases pending or contemplated, as well as all documents
showing 1987 to present date any proposed rate base for the GDU Sebastian
Highlands Division.
• Any accounting of and/or documents showing Capital Charges for Utility
Capacity which have been escrowed or deposited for future service which may
be associated with land sales agreements or deferred utility service agreements.
• A complete inventory of and/or all documents showing all customer
connections, future customer commitments who have paid capital charges, and
future customer commitments who have partially paid capital charges and finally
future customer commitments who have paid capital charges.
• The most recent income and expense statement for the GDU Sebastian
Highlands Division.
• A detailed listing of and/or all documents showing management expenses
including the purpose, amount, and any other applicable information for 1988 to
present date. This information should be on an individual basis based on
expense need.
JDF/dn/N isc-1/Sab.jdf
HAI#92-023.04 6
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M E M O R A N D U M
DATE: April 30, 1993
To: Lonnie R. Powell, MGay)�o(r�& Sebastian City Council
FROM: Robert S. McClary, `'►' ""�
RE: Legal Opinion
Attached is a written opinion from Thomas A. Cloud, our special
Legal Counsel for water and sewer matters. This was work
authorized by City Council in relationship to the acquisition of
GDU. The letter is in response to a number of specific questions
and issues which were raised in the event the City would pursue
the acquisition of GDU under the terms of the franchise for a
forced sale. Hopefully, all of this will be moot if we acquire
GDU through the negotiating process. However, I wanted you to
have a copy of this for your information.
Should you have questions or concerns about this legal opinion,
please feel free to call either Richard Votapka or me.
/jmt
Enclosure:
cc: Richard B. Votapka, P.E. (with enclosure)
Charles I. Nash, Esq. (with enclosure)
J. CHARLES GRAY
GORDON H. HARRIS
RICHARD M. ROBINSON
PHILLIP R. FINCH
PAMELA O. PRICE
JAMES F. PAGE, JR.
WILLIAM A. BOYLES
THOMAS A. CLOUD
BYRD F. MARSHALL, JR.
J. MASON WILLIAMSIM
LEO P. ROCK, JR.
G. ROBERTSON DILG
CHARLES W. SELL
JACK A. KIRSCHENSAUM
JAMES W. PEEPLESM
FORREST S. FIELDS, JR.
RICHARD 14 BURKE
GUY S. HAGGARD
FREDERICK W. LEONHARDT
GRAY, HARRIS
& RomNSON
PROFESSIONAL ASSOCIATION
ATTORNEYS
AT LAW
SUITE 1200
GLASS BANK BUILDING
201 EAST PINE STREET
505 NORTH ORLANDO AVENUE
POST OFFICE BOX 3068
POST OFFICE BOX 320757
O$LANDQ, FL 32802-3068
COCOA Bawcs, FL 32932-0767
TELEPHONE (407) 843-8880
TELEPHONE (4D7) 783.2218
FAX (407) 2445690
FAX (407) 783-2297
WRITERS DIRECT DIAL
PLEASE REPLY TO:
Orlando
April 15, 1993
THOMAS C. SHAW
PAUL S. OUINN, JR.
DAVID L. SCHICK
JACK K. McMULLEN
SUSAN TASSELL SPRADLEY
TRACY A. BORGERT
MICHAEL K. WILSON
LILA INGATE MCHENRY
KENT L. HIPP
MICHAEL E. NEUKAMM
ROBERT L. BEALS
MALCOLM R. KIRSCHENBAUM
OF COUNSEL
PERSONAL AND CONFIDENTIAL
ATTORNEY/CLIENT COMMUNICATION
DO NOT DIVULGE TO OTHER PARTIES
Via FAX Transmission - 407/589-5570
Robb McClary, City Manager
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978
Dear Robb:
This letter is in response to your request that we review the
City's acquisition provisions contained in the franchise agreements
with General Development Utilities, Inc. ("GDU'I). We have reviewed
the agreements, the City's utility franchise ordinance and spoken
with several former GDU and City officials in an effort to
ascertain the original intent of the acquisition provisions. The
following analysis sets forth the results of our review.
In 1981, the City and GDU entered into sewer and water
franchise agreements based on the City's utility ordinance
regulating the City's grants of utility franchises. The franchise
agreements both contain provisions for the acquisition by the City
of GDU's sewer and water systems prior to the expiration of the
thirty year franchise period. Both agreements provide as follows:
Within a reasonable time, which time shall not
exceed one hundred eighty (180) days, after
the city has notified the utility of its
intent to terminate the franchise and to
acquire the system, the franchise holder shall
convey all of its facilities together with all
,-.
GRAY, HARRIS & RoBiwsom
PROFESSIONAL ASSOCIATION
Robb McClary, City Manager
April 15, 1993
Page 2
easements to the City of Sebastian. The time
for conveyance of the system may be extended
by action of the city council should the
utility demonstrate to the satisfaction of the
city council that it has experienced a delay
in its ability to convey the system which
delay was unintentional and beyond its
control. Said conveyance by the utility shall
be without encumbrance. At this time the
franchise holder shall convey unencumbered all
of its facilities together with all easements,
to the City of Sebastian, without charge as to
all property contributed to the utility;
provided further, however, that the city shall
have the right to purchase the remaining
assets of the utility based on the average of
the net original cost and a price as computed
and agreed ,upon by three (3) competent and
qualified appraisers. The city shall select
an appraiser, the utility shall select an
appraiser, and these two (2) appraisers shall
mutually agree upon and select a third
independent appraiser and these three (3)
appraisers shall arrive at the value of the
utility and the sales price involved.
However, the city shall not be required to
purchase and no value will be placed on
additions or extensions to the system which
were paid for as contributions -in -aid -of
construction by any person, firm or
corporation other than the utility. At the
end of the franchise period, the city shall
not be required to pay to the utility any
amount for goodwill and the appraised value
shall be based entirely upon physical assets
only, and provided further that in the event
said board of appraisers cannot agree as to
the price to be paid by the city, then the
city may file appropriate condemnation
proceedings under Florida law. Prior to the
utility conveying the system to the city, a
detailed and accurate set of record drawings
showing location, sizes, and types of water
mains, fittings, fire hydrants, services, and
other pertinent information shall be furnished
to the city on reproducible mylars. Any
GRAY, HARRIS & RoDiNsoN
PROFESSIONAL ASSOCIATION
Robb McClary, City Manager
April 15, 1993
Page 3
franchise granted by the city shall include
the above requirement.
The language of this provision raises a number of questions of
interpretation. These questions are dealt with below. It should
be noted that these provisions are mirror images of Section 102-58
of the Sebastian City Code, which is part of the City's utilities
franchise ordinance.
1. How is the 180 day time frame applied?
Both agreements require GDU to convey all of its facilities
together with all easements to the City within a reasonable time,
not to exceed 180 days after the City has notified GDU of its
intent to terminate the franchise and acquire the system. The 180
day time frame contemplates that within 180 days:
(a) the City sends notice to GDU of its intent to
terminate the franchise and acquire the system;
(b) the City and GDU each select an appraiser and those
appraisers agree on a third appraiser;
(c) the three appraisers establish a value; and
(d) GDU is paid the appropriate price and conveys the
utility within 180 days from the date the City
notified GDU.
If the appraisers cannot agree upon a price, the agreements
provide that the City, "may file appropriate condemnation
proceedings." The condemnation provision raises the question
whether the City is reouired to file condemnation proceedings
against GDU within 180 days of its notice to GDU. Obviously, the
City should attempt to acquire the utility systems through the
mechanism of the franchise provisions rather than through eminent
domain proceedings which would require the payment of "just
compensation" for the systems including contributions in aid of
construction and going concern value or other intangibles. GDU, on
the other hand, might argue that the City must commence eminent
domain proceedings for that very reason.
However, a close reading of the language, together with a
comparison to a similar acquisition provision in Chapter 180,
Florida Statutes, indicates that the City is under no mandate to
CYR", HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
Robb McClary, City Manager
April 15, 1993
Page 4
commence eminent domain proceedings within 180 days of its notice
to GDU in the event the appraisers fail to agree on a price.
Section 180.16, Florida Statutes (1991) provides:
When a municipality has granted to a private
company or corporation a privilege or
franchise ..., if at the expiration of the
term of the privilege or franchise and after
petition of the private company or
corporation, the municipality fails or refuses
to renew the privilege or franchise, then upon
further petition of the private company or
corporation, its property ... which is on hand
at the time of the expiration of said
privilege or franchise, shall be purchased by
the said municipality at a price to be
mutually agreed upon; provided however, if the
price for same cannot be agreed upon, the
price shall be determined by an arbitration
board consisting of three persons, one of whom
shall be selected by the city council or other
legislative body, one shall be appointed by
the private company or corporation, and the
two persons so selected shall select a third
member of said board; and provided further,
that in the event said board cannot agree as
to the price to be paid by the said
municipality, then the municipality shall file
appropriate condemnation proceedings under
chapter 73, within 6 months after the date of
filing the original petition. (emphasis
added)
The last clause of Section 180.16 clearly requires a
municipality to file condemnation proceedings within 6 months after
the date that a private utility has filed a petition requiring the
municipality to purchase the utility property. Although the
language of the two provisions is superficially similar, there are
significant distinctions between the acquisition provisions in the
GDU franchise agreements and Section 180.16.
First, Section 180.16, by its language and according to case
law, applies only to the unique situation of a municipality's
failure to renew a franchise at the expiration of the term of the
franchise. See, City of Palm Bay v. General Development Utilities
Inc., 201 So.2d 912 (Fla. 4th D.C.A. 1967). Section 180.16 is a
AMN
GizAy, HAHRIs & RUBI1v6oN
PROFESSIONAL ASSOCIATION
Robb McClary, City Manager
April 15, 1993
Page 5
requirement that a municipality purchase a private utility's
property, reflecting an effort by the legislature to be fair to a
private utility whose franchise has expired. id. at 915. By
virtue of Section 180.16, a private utility can compel a
municipality to purchase its property. If arbitration is
unsuccessful, then the municipality "shall" file condemnation
proceedings.
The GDU acquisition clauses, in contrast, are mutually agreed
upon contractual provisions for the City's early termination of the
GDU franchises and purchase of the utilities. Franchises are
special privileges which are strictly construed in favor of the
municipalities granting them, See, e.g., Pond, A Treatise on the
Law of Public Utilities, Volume I, Section 152 (1932); Durham
Public Service Co. v. Durham, North Carolina, 261 U.S. 149 (1923);
Cleveland Electric R.Co. v. Cleveland, 204 U.S. 116,130 (1907);
Capital City Light and Fuel Company v. City of Tallahassee, 42 Fla.
462, 28 So.810 (Fla.); aff'd 186 U.S. 401 (1900).
In addition, the 180 day time frame, located in the first
sentence of the acquisition provision, is directed at GDU, not the
City. The language obligates the franchise holder to convey its
facilities within 180 days. The 180 day time frame is not
contained in the sentence which provides that the City "may" file
condemnation proceedings if the appraisers cannot agree on a price.
Furthermore, by use of the permissive term "may" in the sentence,
the agreement indicates that the City has no obligation to condemn
the property if the appraisers cannot agree. A conclusion that the
City must file eminent domain proceedings would be contrary to the
optional nature of the City's right of acquisition.
Thus, a proper reading of the 180 day time frame is that it is
directed at GDU's obligation to convey the system and does not
require the City to file condemnation proceedings within 180 days
of the City's notification to GDU.
2. How is sales price calculated under the option?
The acquisition clause raises several questions about the
sales price. First, inconsistent terminology creates some
confusion as to what assets are included in the conveyance. It is
somewhat unclear whether the valuation formula of the "net original
cost and a price as computed and agreed upon" by three (3)
appraisers applies to the entire conveyance or only to "remaining
assets." Second, must the City pay for contributed property?
Finally, must the City pay for intangible elements of value such as
going concern value, goodwill or any kind of future earnings? Does
F.1
GRAY, HARRIS & RoHIN6ox
PROFESSIONAL ASSOCIATION
Robb McClary, City Manager
April 15, 1993
Page 6
the phrase excluding payment for goodwill and providing for
valuation of physical assets only apply solely to an acquisition
which occurs "at the end of the franchise period"?
(a) Does the stated valuation formula apply to all
facilities or only to "remaining assets"?
It might be argued by GDU that the price referred to in the
sentence, the "average of the net original cost and a price as
computed and agreed upon by three" appraisers, applies to the
purchase price of the "remaining assets" of the utility and not to
"all of its facilities together with all easements". The
agreements do not define "system", "facilities" or "remaining
assets". Chapter 102 of the Sebastian City Code, which regulates
the grant of utility franchises, also does not define the words
"system", "facilities" or "remaining assets" but states that the
word "utility" includes wells, pumps, tanks, treatment facilities,
distribution systems, water meters, disposal facilities, force
mains, pump stations, collection systems, service lines and pipes,
real estate and easements necessary to such systems.
Without benefit of definitions or extrinsic evidence, it is
somewhat difficult to interpret this clause since the terminology
is inconsistent. However, a common sense reading suggests that,
although perhaps clumsily drafted, the clause sets forth a
valuation formula intended to apply to all the property conveyed,
as it makes no sense to set forth a formula for "remaining assets"
and not for all other facilities.
The correct interpretation of the meaning of the language is
made clear when reference is made to minutes of the City meetings
in 1980. Minutes from September 17, 1980 indicate that the utility
ordinance originally provided for the purchase of utility systems
by the City at original cost less depreciation. Gerald Mosian, a
GDU official, objected to this and asked that the ordinance be
revised to provide for an appraisal. Mr. Dan Kilbride, the then
City Attorney, indicated that GDU would be allowed come up with
additional language. Subsequent minutes from October 29, 1980
indicate that new language was inserted on second reading with the
consent of all parties. That language was "The City shall have the
right to purchase the remaining assets of the utility based on the
average of the net original cost and a price as computed and agreed
upon by three competent and qualified appraisers." The minutes
reflect that this amendment related to the "method of purchase of
a utility by the City."
GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
Robb McClary, City Manager
April 15, 1993
Page 7
The fact that the franchise ordinances mirror the utilities
ordinance and that this language was inserted in the utilities
ordinance at the request of GDU should clarify confusion over the
meaning of these provisions. Furthermore, in a telephone conver-
sation with Mr. Kilbride, he indicated that was the intent of the
revision. Pat Flood, the mayor of Sebastian in 1981, also
indicates that this is the intent of that provision. Thus, the
average of the net original cost and a price as computed by the
three appraisers is the appropriate valuation formula for the
conveyance of all assets acquired by the City.
(b) Must the City pay GDU for contributions in aid of
construction?
The acquisition provision further provides that the City shall
not be required to purchase and no value shall be placed on
additions or extensions to the system which were paid for as
contributions -in -aid -of -construction ("CIACII) by any person other
than the utility. Thus, the issue of CIAC's is resolved by the
plain language of the agreements. However, if GDU were to assert
that CIAC should be included in the value, the City has tapes of
special hearings held by the City in 1981 on which Gerald Mosian
acknowledges that CIAC would not be included.
(c) Must the City pay for goodwill or other intangible
elements of value?
The acquisition provision states that, "At the end of the
franchise period, the city shall not be required to pay to the
utility any amount for goodwill and appraised value shall be based
entirely upon physical assets only... 11
GDU will surely argue that since the franchise has a thirty
year term running from ten days after the 1981 enactment of the
franchise ordinances, an acquisition in 1993 does not fall, "at the
end of the franchise period," and the City is therefore required to
pay for such intangible elements of value as goodwill and going
concern value.
The utility ordinance does not further clarify this
provision, which simply repeats Section 102-58(b) of the ordinance.
Tapes of meetings and minutes did not provide an explanation of the
intent of this provision. Case law indicates that the value of a
system should not include any compensation for expectations of
future profit when purchases occur at the end of a franchise period
or involve franchises of indeterminate duration. See, e.g., Public
Service Company of Indiana. Inc. v. Morgan Countv Rural Electric
GRAY, HARRIs & RoBIwsoN
PROFESSIONAL ASSOCIATION
Robb McClary, City Manager
April 15, 1993
Page 9
for an odd number of appraisers is to allow a majority to decide
the outcome and avoid a tie vote. Yet it could be argued by either
GDU or the City that a 2-1 vote does not result in a value "agreed
upon" by the three (3) appraisers.
In this event, or in the event the valuation formula language
of the agreement is misinterpreted, the City could seek a
declaratory judgment in circuit court under Chapter 86, Florida
Statutes, for a ruling on the correct interpretation of the
acquisition provisions.
SUMMARY OF POSSIBLE OUTCOMES
There are several aspects of the acquisition provisions which
could be interpreted in various ways. The acquisition proceedings
could therefore result in a number of scenarios, as follows:
1. City notifies GDU
2. City and GDU appoint appraisers.
3. Appraisers compute value.
(a) average of net original cost and appraisers price
is formula for all assets - if this is disputed
declaratory action may be filed - City's minutes
verify this.
(b) value includes physical assets only - if this is
disputed declaratory action may be filed - this is
the City's weakest issue.
(c) CIAC is not included - if this is disputed
declaratory action may be filed - City's tapes
verify this.
4. Appraisers cannot agree:
(a) City may initiate eminent domain proceedings, or
(b) City Council may extend 180 day period;
(c) City may seek declaratory judgment on need for
unanimity.
GRAY, HARRIS & AOBINSoiv
aROFESSIONAL ASSOCIATION
Robb McClary, City Manager
April 15, 1993
Page 10
5. Value is reached.
(a) City purchases systems.
(b) City chooses not to purchase if price is too high.
If you have any questions, please do not hesitate to call.
Sincerely yours,
/ACdifta"sGtJ�E quire
GRAY, HARRIS & ROBINSON, P.A.
cc: Charles Nash, Esquire Signed for Mr. Cloud in his absence.
Gerald C. Hartman, P.E. to prevent delay in mailing.
Gael, Hnasxs & Rosxwsor
PROFESSIONAL ASSOCIATION
Robb McClary, City Manager
April 15, 1993
Page 8
Membership Corporation, 360 N.E.2d 1022 (Ind. Ct. App. 1977).
However, a purchase (such as now contemplated by the City) which
cuts short the term of a franchise may be more likely to suggest to
an appraiser or a court that compensation for elements of value
above and beyond the physical assets is appropriate. On the other
hand, the City's right to terminate the agreement and acquire the
system is both a contractual right and a condition imposed on
franchises by the City's utility ordinance. This right to
terminate was contemplated by the parties at the time the
franchises were granted, and therefore limits GDU's expectation of
continuing the franchises for the full thirty year term.
In addition, the language does not state, "If the purchase
takes place at the end of the franchise ..." Thus, the words "at
the end of the franchise period" could be interpreted to simply
mean at the time when the City acquires the System, whether it
terminates the agreement or purchases at the expiration of the term
of the franchise. This is consistent with Dan Kilbride's
recollection of the City's intent. He indicated that the City did
not plan to pay for goodwill or other intangibles. Similarly, Pat
Flood, the former mayor, stated emphatically that whether the City
acquired the System the day after the franchises were adopted or
thirty years later, the City wanted to make sure that GDU was paid
only for the money that they had actually put into the System.
However, without this type of extrinsic evidence, this language may
be difficult to resolve in favor of the City.
3. What are the City's remedies if the appraisers do not
unanimously agree or if the appraisers misinterpret the valuation
formula?
The agreements call for three appraisers to "agree" on a
price. As discussed above, the City may initiate condemnation
proceedings if the appraisers fail to agree.
However, eminent domain proceedings are not necessarily the
sole option. The agreements also provide that the 180 day time
frame may be extended by action of the city council if the utility
demonstrates that it has experienced a "delay in its ability to
convey the system which delay was unintentional and beyond its
control." A complete failure on the part of the appraisers to
agree on a price is an example of an "inability" to convey the
system. The city council could extend the 180 day time frame in
order to allow the appraisers more time to reach agreement.
It should also be noted that the agreement does not state
whether there must be unanimous agreement. Presumably the reason
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
May 12, 1993
Via Fax: 1-305-859-4657
Mr. Charles E. Fancher, Jr., President
General Development Utilities, Inc.
2601 South Bayshore Drive
Miami, FL 33133-5461
RE: GDU Sebastian Highlands Water and Sewer Systems
Dear Mr. Fancher:
This is in response to your letter of May 11, 1993 rejecting the
City of Sebastian offer dated April 23, 1993 of two million seven
hundred fifty thousand dollars ($2,750,000) to purchase the
General Development Utility, Inc., Sebastian Highlands water and
sewer system. Your letter further presented a counter offer of
three million two hundred fifty thousand dollars ($3,250,000).
The $2.75 million offer was negotiated in good faith by both
parties. Both parties agreed to request ratification of our
respective boards of this offer. I am disappointed and
disheartened that you were not able to persuade your Board of
Directors to accept our negotiated offer.
After careful consideration, we find your counter offer of
$3.25 million to be unacceptable.
We extend our offer of $2.75 million until noon on May 20, 1993.
This is our best and final offer.
I respectfully request that you withdraw your request for a rate
increase on the Sebastian Highlands water and sewer system until
the extension date of May 20, 1993.
Should you have any questions or concerns regarding this matter,
will you please call?
Sincerely,
Robert S. McClary
City Manager
RSM/jmt
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
May 12, 1993
Mr. Richard D. Melson, Esq.
Hopping Boyd Green & Sams
Attorneys and Counselors
123 South Calhoun Street
P.O. Box 6526
Tallahassee, Florida 32314
Dear Mr. Melson:
We are in receipt of your letter dated April 30, 1993 indicating
Your intent to request a rate increase for the General
Development Utilities, Inc. Sebastian Highlands Water and Sewer
Systems. We are unclear whether or not your letter was intended
to be an application. If it is, in fact, your intention to file
a formal rate increase request, then we ask that you conform to
the city ordinance governing rate cases. Please inform us by
letter if it is your intent to file a rate increase.. If it is
your intent to do so, we will send you the appropriate
application form.
This letter is also to inform you that if you choose to file for
an increase in water and sewer rates then the application fee
will be $50,000 as provided by city ordinance. We will ask that
the filing fee be paid at the time of the formal application.
Sincerely,
Marilyn Swichkow, CPA
Finance Director
MS/sg
cc: Charles E. Fancher, Jr.
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
Fascimile/U.S. Mail
May 12, 1993
Subject: City of Sebastian/General Development Utilities
Water and Sewer System Purchase and Sale Agreement
Dear Mr. Nash:
HAI #92-023.04
As you are aware, the above referenced purchase and sale agreement is nearing completion
with exception of the required exhibits. Preparation of these exhibits will require obtaining
information from the City of Sebastian relative to fee simple parcels of property, held in the
name of General Development Utilities, Inc. (GDU) or Atlantic Gulf Communities
Corporation (AGCC), formerly General Development Corporation (GDC). The information
on such parcels should include parcel maps and legal descriptions.
If you have any questions, please do not hesitate to call.
Very truly yours,
Hartmann& Associates, Inc.
JoPDIF ox
Project Engineer
cc: Rich Votapke, Sebastian
Rob McClary, Sebastian
Thomas Cloud, Esq., GHR
Gerald Hartman, P.E., HAI
JDF/dn/cl/C-1/Nash.jdf
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
JACKSONVILLE
TALLAHASSEE
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARK 1. LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT• JR.
Mr. Charles Nash, Esquire
MAY 1993
Frese, Nash & Torpy, P.A.
Received
930 S. Harbor City Blvd.
City Manager's
Riverside Center, Suite 505
Office
Melbourne, FL 32901
Subject: City of Sebastian/General Development Utilities
Water and Sewer System Purchase and Sale Agreement
Dear Mr. Nash:
HAI #92-023.04
As you are aware, the above referenced purchase and sale agreement is nearing completion
with exception of the required exhibits. Preparation of these exhibits will require obtaining
information from the City of Sebastian relative to fee simple parcels of property, held in the
name of General Development Utilities, Inc. (GDU) or Atlantic Gulf Communities
Corporation (AGCC), formerly General Development Corporation (GDC). The information
on such parcels should include parcel maps and legal descriptions.
If you have any questions, please do not hesitate to call.
Very truly yours,
Hartmann& Associates, Inc.
JoPDIF ox
Project Engineer
cc: Rich Votapke, Sebastian
Rob McClary, Sebastian
Thomas Cloud, Esq., GHR
Gerald Hartman, P.E., HAI
JDF/dn/cl/C-1/Nash.jdf
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
JACKSONVILLE
TALLAHASSEE
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARK 1. LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT• JR.
Florida Department of Environmental Regulation
Central District •
Lawwn Child, Governor
CERTIFIED
P 232 485 839
City of Sebastian
1225 Main Street
Sebastian, Florida, 32958
Attention: Richard Votapka, P.E.
Utility Director
3319 Maguire Boulcmd, Suite 232
May 13, 1993
Indian River County - PW
Park Place Water Treatment Plant
PWS ID Number: 3314181
Dear Mr. Votapka:
• Orlando, Florida 32803-3767
Carol M. Browner, Scc =y
OCD -PW -CE -93-0715
This will confirm receipt of your letter dated May 3, 1993 in response to the
Department's letter dated April 8, 1993 regarding the clearance of the second
well and providing auxiliary power source with automatic start up capability
in compliance with the Department's Rules 17-555.315(1) and .320(6), F.A.C.
Based on the information provided regarding the history of the second well,
well log and satisfactory results of bacteriological and chemical monitoring,
the Department hereby accepts this well.
The Department acknowledges the goals and objectives of the City of Sebastian
to connect the Park Place WTP to the General Development Utilities (GDU)
systeil following the city's takeover of the GDU system on or after July 15,
1993.
The Department requires that the GDU system takeover, preparation of design
plans, permitting, 10" water main extension, clearances, the physical
connection and abandonment of the water supply well with appropriate permits
from the South Florida Water Management District be accomplished, and the
Department notified, on or.before October 29, 1993.
During the interim period, however, the Department requires that the City
provide (or rent) a portable generator to be available in case of emergencies.
The Department's records reveal that the Indian River County's Pelican Pointe
water system does not have reserve capacity to provide adequate water supply
to the City despite the existing interconnection and the cooperative attitude
of Mr. Harry Asher.
R"Il :�Wpn
Park Place Water Treatment Plant
OCD -PW -CE -93-0715
May 13, 1993
Page Two
The latest monthly operating report for the Park Place water system indicates
148 existing service connections. Unless the City has a physical count of the
number of people in each household, per the Department's policy, the
population served by the subject system is 148X2.5 = 370, which is more than
the 350 threshold stated by the Rule.
If you have any questions concerning this letter, please contact Mr. Bhanu
Engineer at the listed address or by phone at 407/894-7555.
Sincere _
Carlos R3-deAguilar, P.E.
Water Facilities Administrator
CRA:be/mg
cc: Robb McClary, Sebastian City Manager
Glenn Schuessler, Indian River County Health Department
Harry Asher, Indian River County Utilities
Frank Huttner, Permitting
FxEsE. NAsx & TORPY. P.A.
ATTORNEys AT LAW
GARY B. FREsEt
CHARLES IAN NASH*
VINCENT G. ToRPy. JR
RICHARD E. ToRPy
GREGORY S. HANsEN
J. PATRICE ANDERSON
LAURA L. ANDERSON
CHARLES A SCHILLINOER
WuAAAm A GRimm
OP COUNSEL
May 13, 1993
REGISTERED MAIL
Return Receipt Requested
Charles P. Vitunac, County Attorney
Board of County Commissioners
of Indian River County
1840 25th Street
Vero Beach, Florida 32960
Re: Park Place Water Plant
Utility Department Matters
our File No.: 93-9659
Dear Charlie:
930 S. HARBOR CITY BLVD.
SUITE SOS
MELBOURNE. FLORIDA 32901
(40 7) 984-3300
PAX(407)951-3741
tM. Ccnrereea en
Twswnon
'Haven Cnnrereea u:
Esrwre Punreewa wxu Pnoeurn
ry
N KaY 1�JJ
o }Zeceived
�, City Managers
0"
L—
I have enclosed with this letter the original County Deed
dated April 6, 1993, signed by Chairman Bird and attested to by
Deputy Clerk Albin which I am returning to you. After reviewing
the other applicable documents involving this conveyance, I would
recommend that the "condition subsequent" described in the County
Deed be revised to track the language contained in the warranty
deed signed by Nelson Hyatt conveying the real property in question
to Indian River County dated January 18, 1990. It appears from my
review of Mr. Hyatt's warranty deed to Indian River County that the
real property in question would vest in Mr. Hyatt no later than
July 11, 1999.
In addition, please advise me whether Mr. Hyatt conveyed
any easements with respect to the water treatment plant located in
Park Place for delivery of the treated water to the persons
residing in the Park Place manufactured home subdivision.
510
Charles P. Vitunac, Esq.
Re: Park Place Water Plant
May 13, 1993
Page 2
Thank you for your further assistance and cooperation in
this matter.
Very truly yours,
FRESE� N H & TORPY, P.A.
f�
Charles Ian Nash,
City Attorney
CIN/bk
Enclosure
cc: Richard B. Votapka, P.E.
Utilities Director, City of Sebastian
Robert S. McClary, City Manager
City of Sebastian
(w/out copies of enclosures)
I
General Development Utilities. Inc.
An Atlantic Gulf Communities Corporation
GZ7U
n1Re —O%W Charles E. Faneher, Jr.
2601 SOUTH BAYSHORE DRIVE r
MIAMI, FL 33133-5461 0\1 PRESIDENT
(305(659-4331
May 14, 1993
Mr. Robert McClary
City Manager
City of Sebastian
P. O. Box 780127
Sebastian, FL 32978
Re: Sebastian Highlands System
Dear Mr. McClary:
I am in receipt of your letter of May 12, 1993, where the City requests that GDU withdraw
its request for a increase in rates for water and sewer service until May 20, 1993, the date
the City of Sebastian's offer to purchase our system for $2.75 million expires.
The Company's need for an increase in rates to cover the cost of providing service is
documented in the data that was provided to the City. I see no reason to withdraw this
request and further delay the necessary increase.
If the City's concern relates to its conflict of interest between setting GDU's rates for utility
service while at the same time seeking to purchase the system from GDU, I again note the
Company's pending request that the hearing on the rate increase be conducted through the
Florida Division of Administrative Hearings.
Please call if you have any questions.
CEF:gi
Sincerely,
Charles E. Fancher, Jr.
City of Sebastian
POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX TRANSMITTAL SHEET
FAX # ' 7 (! /
DELIVER TO:
FROM:
n
a / /�
DATE: TIME SENT: 2 3 v
TOTAL NUMBOOF PAGES (INCLUDING COVER SHEET)
RE:
WILL ( ) WILL NOT VX ) FOLLOW.
IF YOU DO NOT RECEIVE ALL AGES PLEASE CALL (407) 589-5330
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAS TRANSMITTAL SHEET
FAX
DELIVER TO:
FROM:
DATE: `� /9/�, TIME SENT:
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET)
RE:
ORIGINAL WILL ( ) WILL NOT ) FOLLOW.
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (407) 589-5330
May 14, 1993
S
93
`Capt. Hiram's w `
RIVER RAW BAR & SEAFOOD CAFE
Home Of The Waterfront Tiffany Room Banquet Facility
At Sebastian Inlet Marina & Trading Company, Inc.
Mr. Robert S. McClary, City Manager
City of Sebastian
City Hall
Post office Box 780127
Sebastian, Florida 32978-0127
Dear Robb,
I noticed the City's recent offer to. GDU to buy the Sebastian
Highlands water and sewer system was turned down. I am curious
to know why the City will not divulge the proposed price and any
terms that might be available to the City. Certainly, we as tax
payers, have a right to know what the City is obligating us to
pay.
Robb, my intention is not to question or effect the negotiating
process, I am just concerned that the public should have
adequate opportunity to comment on any major purchase the City
makes.
At your convenience, please kindly give me a call to discuss
this matter further. Thank you for your kind attention.
Sincerely,
Thomas H. Collins
cc: Mayor Lonnie Powell
Sebastian City Council Members V/
Corporate Office:
9301 NA -1-A, Suite 4, Vero Beach, FL 32963 PHONE (407) 589-8000 FAX: (407) 589-5100
PRESS JOURNAL
May, 1993
n
Park Place
Residents Fume
Over $10 Fee
By JAMES RIRLEY
.Sebastian Bureau Chief
It was a brief honeymoon be-
tween the city and the first cus.
tomers of its fledgling utility
system, and $10 caused the argu.
ment.
It broke out Wednesday night
with residents of Park Place, less
than two weeks after Sebastian
took over that neighborhood's wa-
ter plant from Indian River
County.
Feelings chilled when it was
learned that Sebastian also would
collect a $10 per house monthly
surcharge that had been negoti-
ated between Indian River County
Hd Park Place owner Nelson
att. It reimburses Hyatt for
equity in what had been a private
water system.
Neighbors in Park Place's 162
homes had hoped the surcharge
would disappear when Sebastian
took over May 1.
They found out differently
Wednesday night, when the City
Council amended its rate sched-
ule to reflect the extra $10 dollars.
"It's a big bone of contention, be-
cause nobody else in the city — or
even the county — is charged
that" said Steven Pitfak, first
vice president of Park Place
Homeowners Association.
Sebastian officials said they
have no choice, that they inher-
ited the obligation from the
county.
"We're proposing no rate in-
crease, City Manager Robb McC-
lary said. "We are required,
unfortunately; to pass along the
FA
$10per month surcharge because
we have to live up to the
agreement the county negoti-
ated:'
"Under the current agreement,
the county will bill the city for
that $10," Finance Director Mari-
lyn Swichkow said. "We will have
to pay it, whether it's on the (cus-
tomer's) bill or not."
But Park Place residents at-
tacked the agreement itself.
Pitaik said Sebastian needed an
ordinance to give the county a
franchise to Park Place. Instead,
the 1987 action was done by reso-
lution.
"Subsequent agreements with
the county were null and void," he
claimed.
City Attorney Charles Nash, Pl-
tatk said, first questioned the le-
gality of the city's 1987 franchise
with the county.
Nash, however, would not be
drawn out Wednesday.
"I'm not prepared to discuss
that tonight, Nash said. "It hap-
pened years ago."
Nash did say he would "wel-
come" the residents of Park Place
hiring their own attorney to have
a court rule the agreement illegal.
Afterward, Pitfak said he did
not see the city as a bystander.
"We ought to take (the
agreement) to court and involve
the city, because the city got in-
volved in it," Pitfak said. "The
agreement here tonight jeopar-
dizes the city, because It puts the
city in the position of being a col-
lection agency."
PRESS JOURNAL May, 1993
GDU Says No
To City Offer
An offer made three weeks ago
by the city to buy Sebastian
Highlands water and sewer sys-
tems was not enough to away
owners at General Development
Utilities.
"GDU did not accept It," City
Manager Robb McClary said
Wednesday. "But they made a
counter offer and we're going to
consider it."
It will take the city about one
week to decide if GDU's price is
acceptable. City and corporate)
officials have refused to divulge
proposed prices during negotia-
tions.
A June 1991 briefing document
by. city utility consultants at
Hartman and Associates Inc.,
has estimated the cost of buying
GDU's Sebastian Highlands sys-
tems at $2 million.
A timetable in that same re-
port scheduled city acquisition of
GDU's facilities in May 1992.
The GDU water system serves
about 1,200 Sebastian Highlands
homes, Its wastewater system
about half that number.
Sebastian wants to expand
those two facilities, plus add new
plants, for its municipal system.
City of Sebastian
POST OFFICE BOX 780127 c SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 0 FAX (407) 589-5570
May 17, 1993
Mr. Thomas H. Collins
9301 N A -I -A, Suite 4
Vero Beach, FL 32963
Dear Tom:
Thank you for your letter of May 14, 1993 regarding the City's
effort to purchase the General Development Utilities Sebastian
Highlands water and waste water systems.
Florida law allows all documents relating to the acquisition of
real property to remain confidential until negotiations are
completed or abandoned. The City and General Development
Utilities are still actively negotiating.
I assure you that the public will have ample opportunity to
comment on any proposed purchase. In fact, Section 180.301 of
Florida Statutes requires a public hearing prior to the
acquisition of a public water or waste water system.
Should you have further questions or comments, will you please
call?
Sincerely,
Robert S. McClary
City Manager
RSM/jmt
cc: Lonnie R. Powell, Mayor & Sebastian City Council
05/21/95 08:00 '$.107 839 3790 HART,&1N ASSOC 2002
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
MEMORANDUM
TO:
Robert McClary
FROM:
Jon D. Fox &'�
DATE:
May 19, 1993
SUBJECT: GDU Sebastian !highlands Water And Sewer Systems
Through a telephone conversation I had today with Mr- Leighton Hew of General
Development Utilities (GDU). I was informed that Mr. Fancher will be out of the office until
the 28th of this month. Therefore, Mr. Fancher probably will not respond to your letter dated
May 12, 1993, concerning the system purchase price until around that time.
End of memorandum
201 FAST phNE STRF.L•T • SliITE lUUU • OAL�N-DO, Fl. 32801
7DF/dn/C-1�MCC1ary.Jdf TELEPHONE (407) 839-3955 • FAX (407) 839 3790
PRINCIFALS: J&WIES F. CHRISTOPHEII . CHARLES W DRAKE. GERALD C. HARTMAN -MARK L LLRO:. MARK A. KY^+N1NG • HAROLD E. SCHMIDI', Jll.
Capt. Hiram Fs
RIVER RAW BAR & SEAFOOD CAFE
Home Of The Waterfront Tiffany Room Banquet Facility
At Sebastian Inlet Marina & Trading Company, Inc.
June 1, 1993
RFCElVE�
Mr. Robert S. McClary, City Manager 3
City of Sebastian CI CLCE199199
Post Office Box 780127 ; OF
Sebastian, Florida 32978-0127 �a
Dear Robb,
Thank you for your most recent letters. I hope I am not
overburdening you with my inquiries, but I feel it is most
important to address some of these issues now during a critical
time in the development of Sebastian.
As you know, I have always opposed the City getting into the
utilities business and I am becoming more and more concerned as
things progress. We are now considerably behind schedule based
on the City's Consultant's report and that report also suggests
a purchase price of $2 million for the GDU plant, which the City
has now evidently offered $2.75 million. This, in my opinion,
is just the tip of the iceberg for the escalating costs to come.
Remember, the main reason for having the City get into the
utilities business was lower costs.
I still question whether or not the City approved the completion
of a master plan for the entire Riverfront. The concept
approved in January of 1993 failed to address numerous issues
that will impact the area. For example much needed public
parking, direct access to riverfront, a landscaping ordinance,
zoning and architectural controls, public transportation and
traffic flow have failed to be addressed. I feel it is
imperative the City hire an outside architect or planner to
formulate a complete master plan for the entire Riverfront area.
Regarding underground utilities, I concur it is an expensive
proposition. I still feel it might be a worthwhile concept and
certainly we should require that all new businesses place their
utilities underground. The County and the City should also be
encouraged to back such a:policy.
Corporate Office:
9301 NA -1-A, Suite 4, Vero Beach, FL 32963 PHONE (407) 589-8000 FAX: (407) 589-5100
Mr. Robert S. McClary
June 2, 1993
Page 2
Robb, believe me, I am pleased with
in the City of Sebastian and only want
help. Please do not hesitate to call
can be of any assistance.
Sincerely,
Thomas H. Collins
cc: Mayor Lonnie R. Powell
Sebastian City Council ✓
Peter Jones, President
Sebastian Chamber of Commerce
the progress we are making
to do whatever I can to
me or my associates if we
DATE: June 3, 1993
CITY OF SEBASTIAN
UTILITIES DEPARTMENT
TIME:
[x] CONFERENCE WITH Barbara Hall, Atty; Cheryl Freindlich of St.
Paul Corporation; J. Patrick Anderson, Atty - Frese, Nash &
Torpy; Robb McClary, City Manager; Bruce Cooper, Comm.
Development Director
[ ] TELEPHONE CONFERENCE WITH
SUBJECT: Sebastian Lakes Development - Section 4.03 City Operation
of Waste Water Treatment Plant
Rich lead off discussion - He got the impression that Sebastian
Lakes will want to abandon the plant and tie into the county sewer
system. The City will later, in the future, provide sewer
connections when its own system is installed. Robb explained the
background regarding the County and City involvement with the sewer
and water systems.
Barbara asked about the current capacity of the County's sewage
plant. Robb told her 1 MGD but we did not know out of that how
much actual capacity remained for others to connect to the system.
Cheryl asked about the $38,500, what this represents. $20,000.00
is the amount for the tie in and $18,500 is for the cost of
restoration. Cheryl said that Winn Dixie is interested in
constructing a shopping center. This would provide the incentive
to eliminate the plant.
Robb suggested that St. Paul Corporation deal directly with the
County instead of thru the City. Barbara asked if there is an
advantage to the County to have Sebastian Lakes hookup. Robb said
that the County waste water treatment plant could probably use
additional flow because of cancellation of subscribers on the
initial plan.
The Condominium Association bills 8 units per cluster; Sebastian
Lakes Utilities pays GDU for their water.
Rich is to call Gerry Hartman re: Item 6 page 4-4 re: payment of
$7,000/year from the developer to the City for 20 years for
existing customers capacity credits
GARY B. FREBEt
CHARLES IAN NASA*
VINCENT G. ToRPY. JR
RICHARD H. ToRPY
GREGORY S. HANSEN
J. PATRIOx ANDERSON
LAURA L. ANDERSON
VVII.T.TAv A GHmm
OF COUNSEL
FimsE. NAsH & TORpy, P.A_
ATTORNEYS AT LAW
June 10,
VIA TELECOPIER (904) 224-8551
AND U.S. MAIL
Cheryl G. Stuart, Esquire
Hopping Boyd Green & Sams
Post Office Box 6526
Tallahassee, Florida 32314
199
7897p�
OfAir
f. %d -ed
7S�
930 S. HARBOR CITY BLVD.
SUITE 505
MELBOURNE, FLORIDA 32901
(407) 984-3300
FA%(407) 961.3741
tBo CERT ED W
TAE oN
-Bow CERT EU IN
E.TAT P d "NO ANO PRORATE
ME: General Development Utilities, Inc.
Request for Rate Increases for Water and Sewer Services
Our File No: 93-9789
Dear Cheryl:
In accordance with our telephone discussion of yesterday, I
presented a report to the City Council for the City of Sebastian
last night. As a result of such request, the City Council
scheduled the public hearing for the sewer rate increase request
and the water rate increase request for August 18, 1993, at 7:00
p.m. at the City Council Chambers located at City Hall Annex, 1225
Main Street, Sebastian, Florida 32958.
The Sebastian City Council also rejected your client's request that
a hearing officer from the Florida Department of Administrative
Hearings be utilized in connection with the rate increase hearings.
The City Council will hear the rate increase requests.
This letter will also confirm that the public hearing has been set
for August 18, 1993, even though your client has not filed a
complete rate increase application as of this date. This will
confirm the agreement you and I have reached on behalf of our
respective clients that your client has waived its right to have a
hearing earlier than August 18, 1993, in the event that the rate
application fee is received by the City of Sebastian prior to June
18, 1993. It is my understanding that your client is in the
process or forwarding those funds to the City of Sebastian at this
time, and that it is anticipated that the $50,000.00 application
fee will be received by the City of Sebastian within one week from
this date. Furthermore, your client has agreed not to increase the
sewer and waste rates it currently charges Sebastian residents
until a final determination is reached on its applications.
Cheryl G. Stuart, Esquire
June 10, 1993
Page Two of Two Pages
Your client's waiver of the scheduling of a hearing within sixty
days of the time application is made relates to the sixty day
period set forth in Section 3(2) of Ordinance No: 0-81-88 of the
Code or Ordinances of the City of Sebastian, and pursuant to
Section 3(2) of Ordinance No: 0-81-9 of the Code of Ordinances of
the City of Sebastian.
The cooperation of your client in connection with this matter is
greatly appreciated. Thank you for your courtesies in this regard.
Very truly yours,
FRESE, NASH & TORPY, P.A.
C arles Ian Nash
Ci y Attorney
CIN/bd
Enclosure as stated
cc: The Honorable Lonnie R. Powell, Mayor
0;-°McClary, City Manager -
Marilyn Swichkow, CPA, Finance Director
Rachlin & Cohen
Lisa A. Layne, CPA
Rachlin & Cohen
Cara L. Pasquale, Special Services Consultant
City of Sebastian
POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
June 16, 1993
Mr. Charles E. Francher, Jr., President
General Development Utilities, Inc.
2601 South Bay Shore Drive
Miami, Florida 33133-5461
Re: GDU Sebastian Highlands Water & Sewer Sytems
Dear Mr. Francher:
This will confirm our telephone conversation of June 15, 1993
regarding the City of Sebastian's attempt to purchase the General
Development Utilities Sebastian Highlands Water & Wastewater
System. During our phone conversation, you confirmed that your
lack of response to the City's final offer of May 12, 1993
represented a rejection of that offer. Further, we both agreed
that negotiations are now abandoned.
Pursuant to Chapter 119 Florida Statutes all documents which were
heretofore confidential are now a matter of public record.
Thank you for the courtesies' extended during the negotiating
process.
Sincerely,
Robert S. McClary
City Manager
cc: Lonnie Powell, Mayor & Sebastian City Council
Richard B. Votapka, Utilities Director
Thomas A. Cloud, Esq.
Gerald C. Hartman, P.E.
RSM/sg
JUN 1993
Received i
City Managers
Office
''Z,l1o165L�
/ �•�qJ �J�L:s.� .,rl-Kit-rte,
8A,.Press-Journal, Thursday, June 24, 1993
re Jouxnat
twa -Ek, U.S. Highway 1 at 18th Street
♦Lg1.ORIOrtfe POST OFFICE BOX 1268
VERO BEACH, FLORIDA 32961 The -
v. PHONE 562.2315 ,,1
NO ..,FOUNDED 1919 Audit:
114r1GN B u rea u
J.F. Schuman (1865-1946) Founder
J.J. Schuman _ Founder
J.J. Schumann. Jr. Publisher
Darryl K. Hicks. General Manager
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Editorials
PUts-Pressure o n
��u.
r_ .
Sebastian leaders last.week'made'a difficult, but
sewer fees of more than,1,000 customers in Sebas
proper, choice by telling General Development Uti-
tiara. A rate hearing is scheduled for Aug. 18.
lities It could keeprits: water and sewerplants in the
Sebastian Highlands. It's timefor thecity to stop
GDU's rate proposal might be seen as. a bar -
coddling GDU and, perhaps, build its own water and
gaining ploy in the negotiations. The city was cor-
sewer plants.
reef not to play GDU`s game_ '
Sebastian's withdrawal from negotiations with
Instead, the city should = '
GDU ends a two-year process, that began when con-
` • Determine whether the fit'million estimate
sultants told the city it could break a franchise
from Hartman and Associates Inc was reasonable.
agreement for; utilities service with Indian River
If not, it should consider action against the com-
County and'purchase GDU's facilities for $2 million.
pany it has alrsady paid ;25,662. It is difficult to be-
1� Since then, as. negotiations took place, Sebastian
lieve consultants could be 62.5 percent off on the
neglected' to' pressure GDU into correcting water-
estimated price of utilities plants..,,',
quality problems. The water system has contained'_
unusually high levels of cancer-causing trilWome-
Assign Utilities Director Richard Votapka to
thanes for almosttwo years, county health officials
pursue options for building the city's own water and
said
sewer operations. If a small town such as Fellsmere
�. u ry .. ., _._ -. - . .. -�..
Sebastianofficials said they wouldsolve the triha-
can build its own water operations, so can Sebas-
lomethane problem once they purchased GDUrs wa-
tia]L
ter plant on Filbert Street.. That option. appears
0 Begin to play hardball with GDU over the triha-
dead " """ ' ' `-` '- ' " " ' `
lomethane problem. Sebastian should enlist the help
The city and. GDU President Charles Fan%her Jr.
of legislators and state. and federal environmental
agreed in May to a purchase price of V-75- million
agencies Contamination of the city s drinking we -
for the water plant and Bailey Drive sewer plant.
termust stop.
GDU s board of directors recently countered with:
Sebastian's second -guessers; those who think the
an unreasonable request for;3.25 million.
county should have remained in Its utility franchise
The counterproposal came at a time when city of-
with the city, have had fun the past few days. With
facials were at odds with GDU over a proposed rate
swift; productive action, officials can assure resi-
increase that would double the monthly water and
dents the city's utilities problem will be solved soon.
'Ch. 180MUNICIPAL PUBLIC WORKS
180.01
180.02
180.03
180.04
180.05
180.06
180.07
180.08
ff Tr1r1:1
180.10
180.11
180.12
180.13
180.135
180.14
180.15
180.16
180.17
180.18
180.19
180.191
180.20
180.21
180.22
180.23
180.24
180.25
180.26
180.301
CHAPTER 180
MUNICIPAL PUBLIC WORKS
Definition of term 'municipality.'
Powers of municipalities.
Resolution or ordinance proposing construc-
tion or extension of utility; objections to
same.
Ordinance or resolution authorizing construc-
tion or extension of utility; election.
Definition of term 'private company.'.
Activities authorized by municipalities and pri-
vate companies.
Public utilities; combination of plants or sys-
tems; pledge of revenues.
Revenue certificates; terms; price and inter-
est; three-fifths vote of governing body
required.
Notice of resolution or ordinance authorizing
issuance of certificates.
When election necessary.
Referendum and procedure therefor.
Examinations and surveys.
Administration of utility; rate fixing and collec-
tion of charges.
Utility services; refusal or discontinuance of
services for nonpayment of service charges
by former occupant of rental unit prohib-
ited; unpaid service charges of former
occupant not to be basis for lien against
rental property, exception.
Franchise for private companies; rate fixing.
Liability of private companies.
Acquisition by municipality of property of pri-
vate company.
Contracts with private companies.
Use by municipality of privately owned utility.
Use by other municipalities and by individuals
outside corporate limits.
Limitation on rates charged consumer outside
city limits.
Regulations by private companies; rates; con-
tracts.
Powers granted deemed additional.
Power of eminent domain.
Contracts with engineers, attorneys and oth-
ers; boards.
Contracts for construction; bond; publication
of notice; bids.
Contents of notice of issuance of certificates.
Form of certificates.
Purchase or sale of water or sewer utility by
municipality.
180.01 Definition of tern "municipality." -The term
'municipality; as used in this chapter, shall mean any
city, town, or village duly incorporated under the laws of
the state.
Hletwy.- 1. W. 17118.1935; CGL 1938 Supp. 3100(8).
180.02 Powers of municipalities. -
(1) For the accomplishment of the purposes of this
chapter, any municipality may execute its corF
powers within its corporate limits.
(2) Any municipality may extend and execute
its corporate powers applicable for the accomplisf
of the purposes of this chapter outside of its corF
limits, as hereinafter provided and as may be des
or necessary for the promotion of the public h
safety and welfare or for the accomplishment of IN
poses of this chapter; provided, however, that sail
porate powers shall not extend or apply within the c
rate limits of another municipality.
(3) in the event any municipality desires to ava11
of the provisions or benefits of this chapter, it is
for such municipality to create a zone or area by
nance and to prescribe reasonable regulations reqs
all persons or corporations living or doing busi
within said area to connect, when available, with
sewerage system constructed, erected and ope
under the provisions of this chapter; provided, how
in the creation of said zone the municipality shat
include any area within the limits of any other ino
rated city or village, nor shall such area or zone ex
for more than 5 miles from the corporate limits of
municipality. .
History. -z. 1, M. 17118. 1935: CGL 1936 Sum. 3100161.
180.03 Resolution or ordinance proposing
struction or extension of utility; objections to san
(1) When it is proposed to exercise the po
granted by this chapter, a resolution or ordinance
be passed by the city council, or the legislative loo
the municipality, by whatever name known, recitini
utility to be constructed or extended and its puri
the proposed territory to be included, what mora
revenue certificates or debentures if any are h
issued to finance the project, the cost thereof, and.
other provisions as may be deemed necessary. -
(2) Any objections to any of the provisions of
resolution or ordinance shall be in writing and filed
the governing body of the municipality, and he:
thereupon shall be held within 30 days after the pas
of the resolution by the legislative body of said mt
pality.
Hbtcry.- . 1, 0. 17118, 1936; CGL 1936 Supp. 3100(6).
180.04 Ordinance or resolution authorizing
struction or extension of utility; election. If after
passage of said resolution the said city council or c
legislative body, by whatever name known, shall d
mine to proceed toward the construction of said ul
but not earlier than 40 days after the passage of
ordinance or resolution, the said city council or other
islative body, by whatever name known, shall pas
ordinance or resolution authorizing the constructia
the utility or any extension thereof, reciting the plat
and the territory to be included, correcting any eo
remedying any sustained objections, authorizing
issuance of mortgage revenue certificates or del
tures to pay for the construction and all other cosi
the said utility, and containing all other necessary
1104
All other legislative
oceedings shall be It
)ment of the municipc
live body, by whateve
may adopt and prov
tions and ordinances
1Plishment of the purr
on shall be final in c
'.br any extension the,
mote the public heal!
plishment of the PL
;fthat where any me
itures, or other evid
rwithin the purview
litution, the same shF
P.I. by a majon
3 which a majority o'
.'exempt from taxati
hg in such municipa.
t provisions of as.
;61=100.341, 100.351
inition of
ny' shall rr
rized uncle
rte water v
treatment
sat plants.
17118. 19:15: C-
5 Activities aur.
companies. -Ar
hanized for the pi
clean and im:
water for sanit
provide mear
s for sanitary F
) provide a wat
lustrial uses;
) provide for the
other liquid wa
3 provide for the
incidental tc
Ashment of
rage syster
noinc statior
ttment and
instruct air
naintain, of
and operat
Tutt, o)
syster
and
;ruct su-
ired to :
i said w
t of this
xecute its
id and execut
the accompli;
itside of its coi
as may be de
3f the public.
iplishment of ti
)wever, that se
pply within the
(desires to avail iQi_'
s chapter, it is raw5il;
:one or area by
regulations requiring
I or doing business :.
i available, with_aiy.
-ected and operated
r: provided, however; -
nunicipality shall not
3f any other incorpc-_.
area or zone extend
rporate limits of said
:rds
3100181•
ice proposing con
)jections to samea"._`-
xercise the powers-
)n
owers•-m or ordinance shall .
le legislative body'of
e known, reciting the
led and its purpose,'_
ded, what mortgage_;;
es if any are to be _°°:-
)st thereof, and sucfi
•d necessary.
-
ie provisions of saidx.
Nriting and filed with---
:ipality, and hearifigj
Lys after the passage
body of said municr"',
3100(8).
in aumonzmg cc
lection. If afteQ
city council or Ott
i known, shall det
uction of said utili
the passage of s:
council or other If
nown, shall pass
the construction
reciting the purpc
ins, aumonzing y
rtifieates or debe
id all other costs
her necessary pro
PUBLIC
sons. All other legislative and administrative functions
and proceedings shall be the same as provided for the
government of the municipality. The city council or other
legislative body, by whatever name known, of the munlc-
oality, may adopt and provide for the enforcement of all
resolutions and ordinances that may be required for the
accomplishment of the purposes of this chapter, and its
decision shall be final in determining to construct the
, ility, or any extension thereof as and where proposed,
M promote the public health, safety, and welfare by the
accomplishment of the purposes of this chapter; pro-
vded, that where any mortgage revenue certificates,
debentures, or other evidences of indebtedness shall
come within the purview of S. 12, Art. VII of the State
Constitution, the same shall be issued only after having
been approved by a majority of the votes cast in an elec-
tion in which a majority of the owners of freeholds not
wholly exempt from taxation who are qualified electors
residing in such municipality shall participate, pursuant
to the provisions of as. 100.201-100.221, 100.241,
100261-100.341, 100.351.
MMV.— I. m.17118. 1935; CGL 1936 Supp. 310016):3. 1s. n.69-216: &64.
a n-175.
180.05 Definition of term "private company."—A
private company' shall mean any company or corpora-
tion duly authorized under the laws of the state to con-
struct or operate water works systems, sewerage sys-
tems, sewage treatment works, garbage collection and
garbage disposal plants.
HW.y.—s 2. U. 17118.1935'. CGL 1936 Supp. 3100m.
180.06 Activities authorized by municipalities and
private companies.—Any municipality or private com-
pany organized for the purposes contained in this chap-
ter, is authorized:
(1) To clean and improve street channels or other
bodies of water for sanitary purposes;
(2) To provide means for the regulation of the flow
of streams for sanitary purposes;
(3) To provide a water supply for domestic, munici-
pal or industrial uses;
(4) To provide for the collection and disposal of sew-
age and other liquid wastes;
(5) To provide for the collection and disposal of gar-
bage;
(6) And incidental to such purposes and to enable
the accomplishment of the same, to construct reser-
voirs, sewerage systems, trunk sewers, intercepting
sewers; pumping stations, wells, siphons, intakes, pipe-
lines, distribution systems, purification works, collection
systems, treatment and disposal works;
(7) To construct airports, hospitals, jails and golf
courses, to maintain, operate and repair the same, and
to construct and operate in addition thereto all machin-
ery and equipment;
(8) To construct, operate and maintain gas plants
and distribution systems for domestic, municipal and
industrial uses; and
(9) To construct such other buildings and facilities
as may be required to property and economically oper-
ate and maintain said works necessary for the fulfillment
of the purposes of this chapter.
However, a private company or municipality shall not
construct any system, work, project or utility authorized
to be constructed hereunder in the event that a system,
work, project or utility of a similar character is being
actually operated by a municipality or private company
in the municipality or territory immediately adjacent
thereto, unless such municipality or private company
consentsto such construction.
History: s. 7. M. 11118. 1935: a. 1, M. 17119. 1938; CGL 1938 Supp 3100(8).
180.07 Public utilities; combination ,oi plants or
systems; pledge of revenues.—
(1) All such reservoirs, sewerage systems, trunk
sewers, intercepting sewers, pumping stations. wells,
intakes, pipelines, distribution systems, purification
works, collecting systems, treatment and disposal
works, airports, hospitals, jails and golf courses, and gas
plants and distribution systems, whether heretofore or
hereafter constructed or operated, are considered a
public utility within the meaning of any constitutional or
statutory provision for the purpose of acquiring, pur-
chasing, owning, operating, constructing, equipping
and maintaining such works.
(2) Whenever any municipality shall decide to avail
itself of the provisions of this chapter for the extension
or improvement of any existing utility plant or system,
any then existing plant or system may be included as a
part of a whole plant or system and any two or more utili-
ties may be included in one project hereunder. The reve-
nues of all or any part of any existing plants or systems
or any plants or systems constructed hereunder may be
pledged to secure moneys advanced for the construc-
tion or improvement of any utility plant or system or any
part thereof or any combination thereof.
HIsWry: c 4, 0.17118. 1935: s. 2, M. 17119.1935: CGL 1936 Supp 3100(9)•
180.08 Revenue certificates; terms; price and inter-
est; three-fifths vote of governing body required.—
(1) Any municipality which acquires, constructs or
extends any of the public utilities authorized by this
chapter and desires to raise money for such purpose,
may issue mortgage revenue certificates or debentures
therefor without regard to the limitations of municipal
indebtedness as prescribed by any statute now in effect
or hereafter enacted; provided, however, that such mort-
gage revenue certificates or debentures shall not
impose any tax liability upon any real or personal prop-
erty in such municipality nor constitute a debt against
the municipality issuing the same, but shall be a lien only
against or upon the property and revenues of such util-
ity, including a franchise setting forth the terms upon
which, in the event of foreclosure,.the. purchaser may
operate the same, which said franchise shall in no event
extend for a period longer than.30 years from the date
of the sale of such utility and franchise under foreclosure
proceedings.
(2) . Such mortgage. revenue certificates or deben-
tures shalt be soldfor at least 95 percent of parvalue
and shall bear interest not to exceed 7.5 percent per
annum.
(3) No mortgage revenue certificates or debentures
shall be issued except upon a three-fifths affirmative
vote of the city council, or other legislative body of the
municipalities by whatever name known; such mortgage
1105
revenue certificates or debentures shall provide that out
of the revenues and income derived and obtained from
the operation of the utility so constructed, such portion
thereof as may be deemed sufficient after all operating
costs have been paid, shall be set aside annually in a
sinking fund for the payment of interest on said certifi-
cates or debentures and the principal thereof at the
maturity of the same.
HIMIY.— 5, M 17118. 1935: CGL 1935 Supp. 3100tiG1: z 18. M 73.3
180.09 Notice of resolution or ordinance authoriz-
ing issuance of certificates.—Upon the adoption of res-
olution or ordinance by the city council, or other legisla-
tive body, by whatever name known, authorizing the
issuance of mortgage revenue certificates or deben-
tures, a notice thereof shall be published once a week
for 2 consecutive weeks in a newspaper of general circu-
lation in the county in which the municipality is located,
or by posting a notice in at least three conspicuous
places within the limits of the municipality, one of which
shall be posted at the door of the city hall or city offices;
provided, that 'd any of the mortgage revenue certifi-
cates or debentures are to be purchased by the United
States of America, or any instrumentality or subdivision
thereof, it shall not be necessary to advertise or offer the
same for sale by competitive bidding.
History.—s 5. M. 17118. 1935: LGL 1936 Supp. 3100(0).
180.10 When election necessary.—Where any
mortgage revenue certificates, debentures, or other evi-
dences of indebtedness shall come within the purview
of s. 12, Art. VII of the State Constitution, the same shall
be issued only after having been approved by a majority
of the votes cast in an election in which a majority of the
owners of freeholds not wholly exempt from taxation
who are qualified electors residing in such municipality
shall participate, pursuant to the provisions of as.
100.201-100.221, 100.241, 100261-100.341, 100.351.
Htstmy.— 7, rn. 22B58.1945: S. 15. rn. 69-216: s. 64. W. 77-175
180.11 Referendum and procedure therefor.—
(1) A referendum may be held upon the issuance of
such mortgage revenue certificates or debentures in the
following manner. a petition shall be filed with the clerk
within 30 days after the date of the first publication of the
notice of the issuance of the proposed mortgage reve-
nue certificates or debentures or after the posting of the
notice, as hereinbefore provided. The petition shall con-
tain the nature of the objection to the proposed utility or
the issuance of said mortgage revenue certificates or
debentures and shall be signed by 20 percent of the reg-
istered and qualified electors of said municipality. Such
referendum shall be held not later than 60 days after the
date of the first publication of said notice as aforesaid
or the posting of such notice.
(2) The aforesaid petition shall be filed with the city
clerk, or the officer performing the corresponding duties,
and the said clerk or officer shall ascertain immediately
If the requisite number of registered and qualified elec-
tors have signed the said petition; whereupon he shall
immediately report in writing to the mayor, or the execu-
tive officer of said municipality, and to the city council
or other legislative body of the municipality, by whatever
name known; whereupon a resolution or ordinance shall
forthwith be enacted determining if the requisite nur
of registered and qualified electors have signed the
tion, a resolution or ordinance shall forthwith be ena
setting forth the date upon which the referendum
be held, appropriating sufficient funds to pay
expenses of said election, designating the places of
ing and providing for the form of ballot to be use
determining the number of registered and qualified
tors for the purposes of determining the sufficient
the petition for referendum, the city clerk, or such"t
officer, shall use the number of registered and qual
electors at the last municipal election held by the
municipality. All rules, regulations, ordinances or re
tions pertaining to municipal elections shall apply u
the referendum herein set forth, except where the s
are inconsistent with the proceedings herein authori
H tory.—s. 5, 0. 17118,1935: CGL 1936 Supp. 31001101.
180.12 Examinations and surveys.—Any munic
ity, to carry out the purpose of this chapter, ma ,
through its officers, committees, agents, servants"'!
employees, enter into and upon private property wherae
it is proposed to construct said utility, or extensions':
thereof to make necessary examinations and sure ' I
and for such other purposes as may be required in the
accomplishment of the purposes of this chapter, pro',.
vided, however, the municipality, before constructing:
any of said works upon private property, shall first'
acquire the right to take and use the property by agree;-
ment or purchase or by proceedings or by the exercise.
of the right of eminent domain in a court of the state hav-
ing jurisdiction of the same in the manner prescribed by
law. H
Hiswry. s. S. W. 17118. 1938: CGL 1936 Supp. 3I 1111.
u
180.13 Administration of utility; rate fixing and col-
lection of charges.—
(1) The city council, or other legislative body of the
municipality, by whatever name known, may create a
separate board or may designate certain officers of said
municipality to have the supervision and control of the
operation of the works constructed under the authority
of this chapter, which said board or designated officers
may make all necessary rules or regulations governing
the use, control and operation of said works; subject.
however, to the approval of the city council, or other leg-
islative body, by whatever name known.
(2) The city council, or other legislative body of the
municipality, by whatever name known, may establish
just and equitable rates or charges to be paid to the
municipality for the use of the utility by each person, firm
or corporation whose premises are served thereby; and
provided further, that if the charges so fixed are not pard
when due, such sums may be recovered by the said
municipality by suit in a court having jurisdiction of said
cause or by discontinuance of service of such utility untO
delinquent charges for services thereof are paid, includ•
ing charge covering any reasonable expense for recoo-
necting such service after such delinquencies are paid,
or any other lawful method of enforcement of the pay'
ment of such delinquencies.
Wstry.—s. 7, M. 17118. 1935: CGL 1938 Supp. 31001121.
1106
go 136 Utility services; refusal or discontinuance
dservices for nonpayment of service charges by for-
eer occupant of rental unit prohibited; unpaid service
r;rges of former occupant not to be basis for lien
>,gainst rental property, exception.—
_k (11(a) Any other provision of law to the contrary not-
vllhstanding, no municipality may refuse services or dis-
rpnhnue utility, water, or sewer services to the owner of
XV rental unit or to a tenant or prospective tenant of
ych rental unit for nonpayment of service charges
timed by a former occupant of the rental unit; any
srch unpaid service charges incurred by a former occu-
pant will not be the basis for any lien against the rental
property or legal action against the present tenant or
owner to recover such charges except to the extent that
"present tenant or owner has benefited directly from
the service provided to the former occupant.
Y (b) This section applies only if the former occupant
6f the rental unit contracted for such services with the
municipality or if the municipality provided services with
imowledge of the former occupant's name and the
period the occupant was provided the services.
r(2) The provisions of this section may not be waived
through any contractual arrangement between a munici-
parity and a landlord whereby the landlord agrees to be
responsible for a tenant's or future tenant's payment of
service charges.
(3) Any other provision of law to the contrary not-
withstanding, any municipality may adopt an ordinance
authorizing the municipality to withdraw and expend any
security deposit collected by the municipality from any
occupant or tenant for the provision of utility, water, or
sewer services for the nonpayment of service charges
o the occupant or tenant.
h(4) In any case where a tenant subject to part II of
3lapter 83 does not make payment for service charges
b a municipality for the provision of utility, water, or
"er services, the landlord may thereupon commence
'tion proceedings. Nothing in this section shall be
zitstrued to prohibit a municipality from discontinuing
xrvice to a tenant who is in arrears 30 days or more, or
tss required by bond covenant.
,Burry. s 1. M 84-292 9. 1. ort 89-332: & 1. 0.89-27Z
4180.14 Franchise for private companies; rate fixing.
Obdvate company or corporation organized under the
aws of the state for any of the purposes recited in this
hapter, may construct, operate and maintain such
@o s provided for in this chapter, within or without the
nrporate limits of any municipality, upon application by
uci company or corporation to the city council, or other
gjslative body of the municipality, by whatever name
riown, and the said municipality may grant. to said pri-
eie-company or corporation the privilege or franchise
t,'ezercising its 'corporate powers for such terms of
?ars and upon such conditions and limitations as may
Wdeemecl expedient and for the best interest of said
Wnicipality for the accomplishment of the purposes set
.fh in this chapter; said franchise, however, to be for
Period of not longer than 30 years; provided further,
W the rates or charges to be made by the private com-
any or corporation to the individual users of the utility
? Structed or operated under authority of this chapter
shall be fixed by the city council, or other legislative
body of the municipality, by whatever name known,
upon proper hearing had for that purpose.
Mstpy.— a M. 17118.1935: CGL 1936 Supp. 3100(13).
180.15 Liability of private companies.—Any private
company or corporation constructing or operating any of
the works provided for in this chapter, within or without
the corporate limits of any municipality, shall be liable for
all damages occasioned by the acts, negligence or
injury to the rights of other persons, firms or corporations
in the same manner and with the same limitations as any
other private corporation chartered under the laws of the
state.
6hto s 9. M 17118, 1935; CGL 1936 Supp 3100(14).
180.16 Acquisition by municipality of property of
private company.—When a municipality has granted to
a private company or corporation a privilege or franchise,
as set forth in s. 180.14, if at the expiration of the term
of the privilege or franchise and after petition of the pri-
vate company or corporation, the municipality fails or
refuses to renew the privilege or franchise, then upon
further petition of the private company or corporation. its
property, consisting of all the works constructed and
used in the operation and use of the utility, together with
the appurtenances, materials, fixtures, machinery, and
real estate appertaining thereto, which is on hand at the
time of the expiration of said privilege or franchise, shall
be purchased by the said municipality at a price to be
mutually agreed upon; provided, however, if the price for
same cannot be agreed upon, the price shall be deter-
mined by an arbitration board consisting of three per-
sons, one of whom shall be selected by the city council
or other legislative body, one shall be appointed by the
private company or corporation, and the two persons so
selected shall select a third member of said board; and
provided further, that in the event said board cannot
agree as to the price to be paid by the said municipality,
then the municipality shall file appropriate condemna-
tion proceedings under chapter 73, within 6 months
after the date of filing the original petition.
ehbwy: s. 10. UI. 17118. 1935; CGL 1838 Supp. 31001S).
180.17 Contracts with private companies.—Any
municipality may contract by and through its duly
authorized officers with any private company or corpora-
tion which is organized for any purpose related to the
provisions of this chapter, and may contract with said
private company or corporation for the construction or
use of such works authorized by this chapter. ,
ehtpy. % 11, U. 17118, 193$ CGL 1438 Supp. 3100(16).
180.18 Use by municipality of privately owned util-
ity.—Whenever a private company or corporation shall
construct or operate any of the works authorized by this
chapter, the municipality wherein the same shall be con-
structed or -operated shall not use the said works in any
manner except by and with the consent of the private
company or corporation in the manner and upon the
terms and conditions which are mutually agreeable to
the private company or corporation and the municipality,
except as hereinbefore provided.
Xlamy. e.. 1Z M. 17118; 1935: CGL 19M Supp. 310017).
1107
Ch.
180.19 Use by other municipalities and by individu-
als outside corporate limits.—
(1) A municipality which constructs any works as are
authorized by this chapter, may permit any other munici-
pality and the owners or association of owners of lots or
lands outside of its corporate limits or within the limits
of any other municipality, to connect with or use the utili-
ties mentioned in this chapter upon such terms and con-
ditions as may be agreed between such municipalities,
and the owners or association of owners of such outside
lots or lands. -
(2) Any private company or corporation organized to
accomplish the purposes set forth in this chapter, which
has been granted a privilege or franchise by a municipal-
ity, may permit the owners or association of owners of
lots or lands outside of the boundaries of said municipal-
ity granting said privilege or franchise, or other munici-
pality, to connect with and use the utility operated by the
said private company or corporation upon such terms as
may be agreed between the said private company or
corporation and the owners or association of owners of
said lots or lands or the said municipality.
Hmmy.—s. 13, M. 11118, re:u: coy +sts smo. 3100(184
180.191 Limitation on rates charged consumer out-
side city limits.—
(1) Any municipality within the state operating a
water or sewer utility outside of the boundaries of such
municipality shall charge consumers outside the bound-
aries rates, fees, and charges determined in one of the
following manners:
(a) It may charge the same rates, fees, and charges
as consumers inside the municipal boundaries. How-
ever, in addition thereto• the municipality may add a sur-
charge of not more than 25 percent of such rates, fees,
and charges to consumers outside the boundaries. Fix-
ing of such rates, fees, and charges in this manner shall
not require a public hearing except as may be provided
for service to consumers inside the municipality.
(b) It may charge rates, fees, and charges that are
just and equitable.and which are based on the same fac-
tors used in fixing the rates, fees, and charges for con-
sumers inside the municipal boundaries. In addition
thereto, the municipality may add a surcharge not to
exceed 25 percent of such rates, fees, and charges for
said services to consumers outside the boundaries.
However, the total of such rates, fees, and charges for
the services to consumers outside the boundaries shall
not be more than 50 percent in excess of the total
amount the municipality charges consumers served
within the municipality for corresponding service. No
such rates, fees, and charges shall be fixed until after
a public hearing at which all of the users of the water or
sewer systems; owners, tenants, or occupants of prop-
erty served or to be served thereby; and all others inter-
ested shall have an opportunity to be heard concerning
the proposed rates, fees• and charges. Any change or
revision of such rates, fees, or charges may be made in
the same manner as such rates, fees• or charges were
originally established, but V such change or revision is
to be made substantially pro rata as to all classes of ser-
vice, no hearing or notice shall be required.
(2) Whenever any municipality has engag'
anized for the a
there are reasonable grounds to believe that any
apter is grant
polity is about to engage, in any act or practice
y ity, it may pr
ited by subsection (1) or subsection (5), a civil a '
and occupants
preventive relief, including an application ior'a'
e.usa of the uti
nent or temporary injunction, restraining order, ' `
private compa
order, may be instituted by the person
for such use, a
aggrieved.
municipality
(3) This section shall apply to municipally'
(3)
such rates, t
water and sewer utilities within the confines of a`
city cot
county.
,of<the
nicipality, by wt
(4) This section shall not apply to a county b"
that the mur
under a home rule charter if that county has in o
e company or
under the charter an agency regulating water and'
corporation a
systems except as provided in subsection (5)Aof
the utility an
(5)(a) Any'municipality operating a' muni
any special re,
owned water and sewer utility and providing waf@F
•� u, M V118.193z
sewer service outside the boundaries of the muni '
u::
and within the confines of a single county, which' "
1: Powers gra
patty is eligible for and specifically exercises thele '
ty and powers c
tion from county rate regulation as provided for in' i
shall be in addi
graph (b), shall charge consumers outside thew
ars heretofor
.existing
ries the same rates, fees, and charges as co
';
o
ms's' `"' 1718 '
inside the municipal boundaries.
(b) The provisions of this section shall be app
Power of e!
within a county that was regulating water and
Any municipalit
rates on or before May 1, 1988, with respect'V.
prized to carr
municipality operating a municipally owned water:
efinad in this
sewer utility outside the boundaries of the munici
ant domain ova
and within the confines of a single county, provided
telephone and to
1. The municipality was providing water and
eats and high
service to consumers outside municipal boun
; school distric
prior to the date the county agency commenced
-a property who
tion of the rates, fees, and charges for such war
fishment of the
sewer services;Any
2. The governing body of the municipality a "
municipa
.this section outs
an ordinance, under the authority of this section,
mplishment 07
ing the current water and sewer system rate struchiin
such extratec
in such manner as may be necessary to bringI1N
is presently a'.
method of rate determination into compliance w th tlu.
within its corp:
provisions of this subsection and declaring the m
- ;_ to 0. trite. 1s:
pality's exemption, to take effect upon the effective dais
of said ordinance, from county agency regulation _
l023 Contracts
water and sewer rates, fees, and charges; and .z
•. boards.—An
3. The municipality remains in compliance with thl
maintain or ops
provisions of this subsection.
chapter, may c
Nothing in this subsection shall be construed to regtrA
or professional
nt of any or all
eligible municipalities to so exempt themselves
ed, however, th
county rate regulation or to subject municipal water
;by -written ac
sewer utility rates, fees, and charges for services -
conditions of the e
dared within the boundaries of a municipality to
unicipality may
tion by a county agency, and any such rates, tees, .
as may be nec
charges shall remain a matter of municipal dere _,
purposes of t1-
rtion
tionin accordance with law.'
(6) In any action commenced pursuant to this..
-pre
fit compenss
17, ch. 17119.17
tion, the court in its discretion may allow the
;.'G
4`
party treble damages and, in addition• a reasoratM
Contracts -
aobce; bids.—
attorney's fee as part of the cost.
Humn.—u.1.23.4. S. m. laser: +.rn.ae-3ot.
ymunicipair
of the purpos
180.20 Regulations by private companies;
or rarPorr
of -the constru,
`this
contracts.—Whenever any private company
chapter,
1108
munidoality has enc
funds to believe that at
e, in any act or practic
subsection (5), a civil
ng an application for
:tion, restraining order
:d by the person or
II apply to municip
within the confines
not apply to a county
r if that county has in
icy regulating water 2
ded in subsection (5;
fity operating a mt
itility and providing %
boundaries of the mL
a single county, whic
scifically exercises th
dation as provided fo
,nsumers outside the
and charges as cc
caries.
lis section shall be at
regulating water an
'. 1988, with respt3c
nunicipafly owned w
oundaries of the mui
i single county, provii
is providing water an
tside municipal bou
agency commencec
J charges for suclry
V of the municii
hority of this set
sewer system r
be necessary
on into complia
in and declarim
!ffect upon.the 6
3unty agency 1
;, and charges;
Tains in complia
n.
hall be construe
> exempt, them
subject municf
I charges for s
of a municipali
J any such rate
er of municipal
ncea pursuant'
In may allow th
in addition, 'a
cost.
lrrvate compar
ivate company'
10arganized for the accomplishment of the purposes
his chapter is granted a privilege or franchise by a
;iricipality, it may prescribe the terms upon which
avers and occupants of houses, buildings or lots may
iiii6n the use of the utility constructed and operated by
0 said private company or corporation, and the rate
e0ged for such use, and also the rate and terms upon
ifich the municipality may use such utility for public
, such rates, however, shall be subject to the
posesof the city council, or other legislative body of
go unicipality. by whatever name known; provided,
however, that the municipality may contract with the
Yd private company or corporation to pay the said com-
fe11y or corporation a flat or fixed rate for such service
W use of the utility and may pay out of the general rev -
go or any special revenue such rate as agreed.
.,.m,,.—s. ,4.01. 0`118.1935: CGL 1936 SUM 3100(19)-
21 Powers granted deemed additional.—The
ity and powers granted by this chapter to munici-
3 shall be in addition to but not in limitation of any
powers heretofore or hereafter granted to munici-
5 now existing or hereafter created.
,—s. t5. m 17118. 1935: CGL 1936 swop. 3100(201•
0.22 Power of eminent domain.—
) Any municipality or private company or corpora -
authorized to carry into effect any or all of the pur-
rs defined in this chapter may exercise the power
ninent domain over railroads, traction and streetcar
telephone and telegraph lines, all public and Pd -
streets and highways, drainage districts, bridge
itis, school districts. and any other public or private
s or property whatsoever necessary to enable the
xnplishment of the purposes of this chapter.
) Any municipality which exercises its power
Br this section outside of its corporate boundaries for
accomplishment of the purposes of this chapter may
ice such extraterritorial project in any manner in
:h it is presently authorized by law to finance a like
act within its corporate boundaries.
M.—s f& tlu 17118.1935; CGL 1936 Supp. 3100(21): S. I. er1. 78-198.
311.23 Contracts with engineers, attorneys and
ars; boards.—Any municipality desiring to con-
ct, maintain or operate any of the utilities described
hos chapter, may contract with engineers and attor-
'sfor professional services required for the accom-
inent of any or all of the purposes of this chapter,
Red, however, that such employment is to be evi-
ced by written agreement setting forth the terms
conditions of the employment; provided further, that
h,(hunicipality may also create such other offices and
!ds as may be necessary and expedient for carrying
Ute purposes of this chapter and shall provide suit-
• and fit compensation for the same.
I -. 17. r0` 1711& 1935: CGL 1996 Sucp. 3180(22).
90.24 Contracts for construction; bond; publica-
of notice; bids.—
hd'Any municipality desiring the accomplishment of
;orall of the purposes of this chapter may make can-
is for the construction of any of the utilities men -
ed in this chapter, or any extension or extensions to
any previously constructed utility, which said contracts
shall be in writing, and the contractor shall be required
to give bond, which said bond shall be executed by a
surety company authorized to do business in the state;
provided, however, construction contracts in excess of
$2.000 shall be advertised by the publication of a notice
in a newspaper of general circulation in the county in
which said municipality is located at least once each
week for 2 consecutive weeks, or by posting three
notices in three conspicuous places in said municipality,
one of which shall be on the door of the city hall; and that
at least 10 days shall elapse between the date of the first
publication or posting of such notice and the date of
receiving bids and the execution of such contract docu.
ments.
(2) All contracts for the purchase, lease or renting of
materials or equipment to be used in the accomplish-
ment of any or all of the purposes of this chapter by the
municipality, shall be in writing; provided, however, that
where said contract for the purchase, lease or renting
of such materials or equipment is in excess of $2,000,
notice or advertisement for bids on the same shall be
published in accordance with the provisions of subsec-
tion (1).
Hlalery.—s. 18. c0`. 17118. 1936: CGL 1936 Sop. 3100(231: S. 3. w. 73-129: x
19. M. go -279.
N,ns.�auner s. 25.5.26.
180.25 Contents of notice of issuance of certifi-
cates.—The form of the notice for advertising the pro-
posed issuance of mortgage revenue certificates or
debentures shall contain the amount of the certificates
to be sold and the rate of interest thereon; a description
in general terms of the utility to be constructed; the time,
place and date where bids for the sale of the same are
to be received; and such other pertinent information as
may be deerped necessary.
Hlalery.—a. 19. d1. 17118. 1935; CGL 1936 Supp. 3100(24).
180.26 Form of certificates.—The certificate of
indebtedness to be issued under the terms and condi-
tions of this chapter shall contain a description of the
utility, the revenue of which is pledged, together with the
terms of payment of the same, as is established by the
ordinances or resolutions of the municipality, in accord-
ance with the conditions heretofore established in this
chapter, and may or may not have attached thereto
interest coupons, and shall contain such other and fur-
ther conditions as shall be determined by the governing
body of the municipality, in accordance with the terms
and conditions of this chapter.
History.—s. 21. W. 17118. 1935: CGL 1936 Supp. 3100(25).
180.301 Purchase or sale of water or sewer utility
by municipality.—No municipality may purchase or sell
a water or sewer utility that provides service to the public
for compensation, until the governing body of the munic-
ipality has held a public hearing on the purchase or sale
and made a determination that the purchase or sale is
in the public interest. In determining if the purchase or
sale is in the public interest, the municipality shall con-
sider, at a minimum, the following:
(1) The most recent available income and expense
statement for the utility;
1109
(2) The most recent available balance sheet for the
utility, listing assets and liabilities and clearly showing
the amount of contributions -in -aid -0f -construction and
the accumulated depreciation thereon;
(3) A statement of the existing rate base of the utility
for regulatory purposes;
(4) The physical condition of the utility facilities
being purchased or sold; .
(5) The reasonableness of the purchase or sales
price and terms;
..(6) The impacts of the purchase or sale on utility
customers, both positive and negative;
(7 Any additional investment required and the abil-
ity and willingness of the purchaser to make that invest-
ment, whether the purchaser is the municipality or the
entity purchasing the utility from the municipality;
1110
(8) The alternatives to the purchase or sale al
potential impact on utility customers if the purch;
sale is not made; and
(9) The ability of the purchaser to provide and
tain high-quality and cost-effective utility se
whether the purchaser is the municipality or the
purchasing the utility from the municipality.
The municipality shall prepare a statement showin
the purchase or sale is in the public interest, incl
a summary of the purchaser's experience in wale
sewer utility operation and a showing of Financial
to provide the service, whether the purchaser i
municipality or the entity purchasing the utility fro,
municipality. -
Hismry•�. Z M. 84-81.
Legislat
Definitio
Municip
funds
partic
Actuans
Board c
of
ate e>
umsc
keep
nds r
retirer
I- excise
Failure c
alty.
Contribi
Contrib
Require
Optiona
Benefit:
Disabilii
I' Lump-
#' incorr
....Death p
tions
1:. Report
Rules a
Annual
Exempti.
Roster c
City attr
other
other.
cempti
sabilit
scrimi:
unicipr
for po
ghts c
3nnlnai
ansfer
benefi
Oplicat
osts; ai
.egisim
dbyt
definec
iatthe,
in publ
WASTEWATER REVENUE ACCORDING TO BULK RATE
June 17, 1993
The following is based on the December 19, 1991 "Bulk Wastewater
Rate Letter Report" prepared by CH2M Hill for County Utilities
Director Terry Pinto:
A. BASE FACILITY CHARGE (Page 4 of the Report)
0
The December 19, 1991 letter states as follows: "The Base
Facility Charge for bulk users would be $10.83 per ERU per
month in comparison with $12.25 per ERU per month for retail
customers".
1. I have no idea where the $12.25 originated from. It is
not in the County's rate schedule for 1991, 1992, or 1993
2. $12.25/$13.50 (BFC for 1993) = 90% not 85%
3. $10.83 per ERU/$12.25 per ERU = 88% not 85% or 90%. It
does not appear that the County will bill the City 85% of
the Base Facility Charge but rather 88% or 90% based on
the Report.
VOLUME CHARGE (Page 5 of the Report)
The December 19, 1991 letter states: "As a result, the volume
rate for bulk users declines to $3.20 per 1,000 gallons from
$3.35 per $1,000 gallons for retail customers."
$3.20/$3.35 = 95% not 85% to be refunded to the County
$3.35 is the rate in the 1993 ordinance for which sewer usage
charged per 1,000 gallons up to 11,000 gallons.
It appears that the County will bill the City 95% for the
volume usage not 85% as understood.
Prepared by:
Richard B. Votapka, P.E.
Utilities Director
June 29, 1992
City Council Members
City of Sebastian
Sebastian FL 32958
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 taxes and
other obligations while taking much property off the tax 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 viewooints. 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 &
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?
What
is the environmental impact
of each alternative?
S.
Will
Feaeral/StateiGrant funding
be available?
9.
What
is the potential use of the
105 GDC oarcals in the effort
(as sites, routes, resale value
for funding).
2.
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 manner 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 work
toward improved relations among Council Members and with your
electors.
Water is your opportunity to soar. How do you stand?
Respectfully yours,
Enter L. Mayga�ixi�`
307 8enschop Street
Sebastian FL 32958
407 388-1402
June 29, 1993
City Council Members
City of Sebastian
Sebastian FL 32958
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 taxes and
other obligations while taking much property off the tax 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 &
con) for each?
3.
i
is the time frame, phasing
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 taxes and
other obligations while taking much property off the tax 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 &
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?
6.
What
will be the cost of service
to the average
family?
7.
What
is the environmental impact
of each alternative?
G.
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).
�
2.
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.
Democracyr 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 manner 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 work
toward improved relations among Council Members and with your
electors.
Water is your opportunity to soar. How do you stand?
Respectfully yours,
E rXr a =g
307 Benschop Street
Sebastian FL 32958
407 388-1402
M E M O R A N D U M
DATE: July 9, 1993
FROM: Richard Votapka, Utilities Director -Rev,
TO: Marilyn Swichkow, Finance Director
SUBJECT: Indian River County Utilities Letters of July 1 and July
2, 1993
Today I received Lori Kowalski's letters of July 1 and July 2,
1993, copies of which are attached. The July 1, 1993 letter
requests additional information for future billing registers. The
July 2, 1993 letter is actually an invoice for $19,960.84 for 1144
ERU's and 1964 gallons of sewage flow at $3.19 per 1000. I will
specifically address the invoice with respect to the County Bulk
Wastewater Rate's charged to the City as follows:
The County has billed us $11.97 per ERU for the Base Facility
Charge, which is 88.67% of the present $13.50 charge the County
bills its customer. This percentage is almost identical to the
Base Facility Charge for bulk users as found on Page 4 of the
December 19, 1991 "Bulk Wastewater Rate Letter Report prepared for
County Utilities Director Terry Pinto by CH2M Hill. The letter
report states that "The Base Facility charge for bulk users would
be $10.83 per ERU per month in comparison with $12.25 per ERU per
month for retail customers". The bulk rate if 88.41% when
comparing $10.83 to $12.25. However the County never had charged
$12.25 for a Base Facility Charge per ERU. In 1991, the Base
Facility Charge was $7.60; in 1992 it was $13.00; and in 1993, it
is $13.50. One thing for sure, $11.97 per $13.50 for the Base
Facility Charge is not 85% as we had understood previously.
The bulk charges are $3.19 per 1000 gallons of volume. Compared to
$3.35 for retail charges per 1000 gallons up to and including
10,000 gallons per month, this calculates to 95%, not 85%. The
City only realized 5% on volume sales, not 15%. Again, the
December 19, 1991 Bulk Wastewater Rate letter Report prepared for
Terry Pinto by CH2M Hill states on Page 5 that "The portion of the
variable operating costs that were determined to be collection
related were deducted from the total variable operating costs for
the bulk rate volume charge calculation. As a result, the volume
rate for bulk users declines to $3.20 per 1,000 gallons from $3.35
per 1,000 gallons for retail customers." This is what I was
Page Two of Two
July 9, 1993 Memo to Marilyn Swichkow
fearful of on June 17, when I discovered that the Base Facility
Charge & Volume Charge were not identified as being 85%.although
the County may have given the impression to the City that it was.
Now the actual invoice substantiates this.
Whenever you have time. I would suggest that you, Robb McClary, and
myself meet to discuss this invoice and the rates Indian River
County is charging the City.
►/ cc: Robb McClary, City Manager
Enclosures: July 1 and 2 letters from Lori Kowalski
Page 4 & 5 from the December 19, 1991 CH2M Hill
letter report
Schedule of County Water & Sewer Rates and Charges
for 1991, 1992 & 1993
BOARD OF COUNTY COMMISSIONERS
7840 25th Street, Vero Beach,, Florida 32960
Telephone: (407).567-8000
July 1, 1993
Richard Votapka
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
SUBJECT: BILLING
Dear Rich:
Enclosed please find the billing for period May 1, 1993 to June 1, 1993. Please note that
the figures contained in the invoice are based on information provided in your billing
register.
Please include the following items in future billing registers:
1.) Summary totals are required on the billing journals for consumption and
units.
2.) Billing codes need to be defined.
3.) Parcel ID's (or cross-reference account numbers) needed to identify
reservation accounts in order to verify ERUs.
Please remember we will need to receive the registers by the 10th of each month. This
should provide adequate time to read and prepare billings.
This bill is due upon receipt.
' ncerely"
(:i w
all Lx_)G�
Accounting Clerical Supervisor
Department of Utility Services
LAK:sb
(VOTAPKA.LAK)sb
BOARD OF COUNTY COMMISSIONERS
7840 25th Street, Vero Beach, Florida 32960
Telephone: (407) 5678000
July 2, 1993
Richard Votapka
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
SUBJECT: INVOICE FOR ERUS AND WASTEWATER FLOWS
Dear Mr. Votapka:
In accordance with the developers agreement between City of Sebastian and Indian River
County Utilities, we are invoicing you for the number of ERUs and the wastewater
flows.
Billing period: May 1, 1993 through June 1, 1993
ERUs: 1144
1 Billing Charge: 2.00
1144 Base Facility Charges: (@11.97) 3,693.68
1964 Volume Charges: (@3.19) 6,265.16
TOTAL DUE: $19,960.84
Please make check payable to Indian River County Utilities. Our mailing address is Post
Office Box 1750, Vero Beach, Florida 32961.
Sincerely,
Lori
, �
ri Kowals i
Accounting Clerical Supervisor
Department of Utility Services
LAK.sb
(R-VOTAPK.LAK)sb
Mr. Terry Pinto
Page 4
December 19, 1991
SEF30360.G0
2. All of the debt service on the Gifford FHA bonds and associated debt service
reserve were, with staff acknowledgement, included in the bulls rate
calculations. The inclusion of this debt in the bulk rate calculations was based
on the low interest rate, long-term financing that the County was able to obtain
through the Farmers Home Administration on the treatment plant and other
improvements. Thus, because of the overall benefits to the system of this
financing, which was only available due to the inclusion of the collection
improvements, the portion of the debt service on the Gifford Bonds that was
collection related was included in the bulk rate calculations.
Proposed Bulk Rates
The proposed bulk wastewater rates are shown in Table 1. The proposed bulk rates
follow the same structure as the retail rates, with a billing charge, base facility charge,
and a volume rate. The rates assessed per equivalent residential unit and per
1,000 gallons of wastewater flow have been adjusted to reflect the cost of providing
bulk wastewater service. The calculation of each rate component is discussed below.
Billing Charge
When Sebastian converts to bulls user status, as opposed to remaining individual retail
users, the County will have to send only one bill per meter to Sebastian. Because the
difference in the number of accounts on the County's system is small, no change in
the billing charge is calculated. Thus, bulk users will pay the same billing charge as
the retail customers, $2.00 per account per month.
Base Facility Charge
The base facility charge, where master plan lines are available, is designed to recover
a large proportion of the system's fixed costs which generally exhibit little change in
response to a change in wastewater flows. The base facility charge includes 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. For
the bulk rate calculations, the portion of the Fixed operating costs related to the
collection system, collection -related debt service, debt service reserve, renewal and
replacement, and all construction fund costs were deducted from the fixed costs.
The base facility charge for bulk users would be 510.33 per ERU per month in
comparison with 512.25 per ERU per month for retail customers.
NLr. Terry Pinto
Page 5
December 19, 1991
SEF30360.G0
Volume Rate
The volume rates are designed to recover a portion of the system's fixed costs and all
of the system's variable costs, or costs that vary with the volume of wastewater
collected and treated. All of the system's variable costs are operation and
maintenance costs. The portion of the variable operating costs that were determined
to be collection related were deducted from the total variable operating costs for the
bulk rate volume charge calculation. As a result, the volume rate for bulk users
declines to SIM per 1,000 gallons, from 5335 per 1,000 gallons for retail customers.
It should be noted that the volume rate for bulk users applies to the total volume of
wastewater metered through the customers' master meters, with no maximum volume
or cap. Retail rates, however, are based on 85 percent of the users' water
consumption with a 10,000 -gallon per month maximum for residential customers.
Retail customers are subject to an excess use surcharge when wastewater flow exceeds
11,000 gallons per ERU per month. Because of the blending effect of a master
meter, excess use by some individual customers of a bulk user is offset by the lower
use of other customers. Therefore, for bulk customers the excess use surcharge
should apply at a use rate greater than the level corresponding to the reserved
capacity, based on the number of ERUs in the system and the flow per ERU. An
excess use surcharge, equal to of the excess volume surcharge charged to retail
customers, would be charged only on flows exceeding the reserved capacity in any
given month. All provisions of the County's rate ordinance relating to purchasing of
additional ERUs should apply.
Recommendations
CH2114 HILL recommends that the County:
• _ Enact the proposed FY 1991-92 bulk wastewater rates. The County
should offer to provide this service at the proposed rates to the City of
Sebastian or to any other bulk user. Contracts for bulk wastewater
service should include provisions for annual updating of these rates.
• Contracts for bulk wastewater service should include provisions for the
assessment of an impact fee to the City by the County for transmission,
treatment and disposal capacity. The impact fees should follow the
same fee schedule as charged to retail customers by the County, as
E
SCHEDULE OF WATER AND SEWER RATES, FEES, AND CHARGES
1991, 1992. AND 1993
Yonrrne waWe - t a,1. uratcu as
as Percent of Water Use -
Pbr 1.000 Gallons - 10.000
Gallon Per Month Maximum for
Aesldentlal Customers
E>sess Volume Surcharge For
-Use Greater than 11,000
`Gallons Per Month Per ERU -
L:Pw 1.000 Gallons
toss Sewage Strength Charge
Excess Sewage Strength Charge
Applicable to Customers
Required to Use Greasetraps
But Who Have Obtained a
Variance Due to Hardship or
priancial Unleasibility
-Septage
Charge per 1,000 Gallons
IMPACT FEES
. Water - Per ERU
Water Treatment and Storage
Water Transmission
Total
Sewer - Per ERU
Axa Wastewater Treatment and Sludge
Disposal
Effluent Disposal
Wastewater Transmission
Total
ifdbt075/047.wkl
1991 1
$3.35
$3.70
Sewage Charge
Ratio of Total
Dissolved Solids
or Biochemical
Oxygen Demand In
milligrams per
liter 1250
50 Percent Excess
Sewage Strength
Charge
$95.00
$818.00
$502.00
$1,320.00
$979.00
$604.00
$560.00
$2,163.00
$3.35
$4.05
Sewage Charge
Ratio of Total
Dissolved Solids
or Biochemical
Oxygen Demand in
milligrams per
liter / 250
$100.00
$893.00
$548.00
$1.441.00
$1,048.00
$647.00
$626.00
$2.321.00
1993
$3.35
$4.45
Sewage Charge
Ratio of Total
Dissolved Solids
or Biochemical
Oxygen Demand in
milligrams per
liter 1250
$105.00
$973.00
$597.00
$1,570.00
$1.159.00
$716.00
$676.00
$2.551.00
M E M O R A N D U M
DATE: July 13, 1993 /
FROM: Richard Votapka, Utilities Director faA
TO: Kay O'Halloran, City Clerk
SUBJECT: Park Place Water Treatment Plant Deed and Captain Hiram's
Lift Station Costs
I am transmitting the following documents to you which I recently
received from Frese, Nash, & Torpy, P.A.:
1) June 28, 1993 Letter to the Clerk of the Circuit Court in
Indian River County from C.I. Nash, Esquire;
2) April 6, 1993 County Deed to the City of Sebastian for the
Park Place Water Treatment Plant site;
3) Exhibit "A" - Water Plant Site Legal Description;
4) Florida Department of Revenue Form for Transfer of Interest in
Florida Real Property dated June 23, 1993;
5) Bill of Sale of Utility Facilities dated June 8, 1993 for
Captain Hiram's Lift Station;
6) Exhibit "A" - Captain Hiram's Lift Station Costs
7) Exhibit "B" - Legal Description of a 20' x 20' easement
8) Frese, Nash, & Torpy, P.A.'s statement in the amount of $26.20
for 6/28/93 recording costs
r�a,L Ci, 4+ -L12 - Pnt
M E M O R A N D U M
DATE: July 16, 1993
FROM: Richard Votapka, Utilities Director IJV
TO: Sebastian Lakes Water and Wastewater File
SUBJECT: Meeting on Tuesday, July 20, 1993 at 3:00 P.M.
Barbara Hall's office called to set up a meeting on July 20, 1993
with Terry Pinto and Harry Asher of Indian River County Utilities
Department. Subsequently, Ken Gross of Schwebbe and Shiskan and
Associates called me to set up a preliminary meeting at 1:00 P.M.
to discuss the as -built information I am requiring. Schwebbe and
Shiskin are engineers for Chase Manhattan for all of their projects
in general in the State of Florida. I expressed my concern to Ken
that I was under the impression that I was working with John
Redmond of Allen Engineering of Cocoa Beach on this project. I
didn't want myself to be in the middle of two engineering firms on
the same project for the same owner. Ken checked on this with
Barbara Hall's office. He called me back to inform me that he will
meet with me after we all meet with the County personnel.
H E H 0 R A N D U H
DATE: July 20, 1993
FROM: Richard Votapka, Utilities Director e3/
TO: Sebastian Lakes File
SUBJECT: Meeting Re: Sebastian Lakes Wastewater Connection to the
Indian River County Force Main on CR 512, Sebastian, FL
Attendees: Barbara Hall, Attorney; Ken Gross, Engineer
representing Sebastian Lakes; Terry Pinto, Director
and Harry Asher, Assistant Director of the Indian
River County Utilities; Richard Votapka, City of
Sebastian Utilities Director
According to Terry Pinto, the City of Sebastian passed a
special assessment for customers in Sebastian who wished to connect
to the County's sewer system. Sebastian also prepared an
assessment roll for Sebastian customers to connect to the County
system. The City would have to do a new assessment as collateral
to borrow money and enforce collections if it needed to do so. The
County will no longer prepare assessments inside the City limits,
since the City decided to serve the customers within the City
limits.
In regard to flows, the County needs to check infiltration in
the existing sewage collection system for billing purposes. Barbara
had proposed a master meter on the force main in her agreement.
However, Rich preferred not to use a sewage meter because of
associated maintenance problems. According to Terry Pinto, the
County can use the water meter flows and use the run time on the
pumps at the lift station to check lift station discharge in
comparison to water meter readings. The County can impose a
penalty on the City if there is excess infiltration exceeding the
allowable amount for the system. The County has an allowable
infiltration rate which is 100 gallons per inch diameter of the
pipe multiplied by the length of pipe. The formula is in the
County specifications.
Sebastian Lakes has an independent irrigation system. It uses
water from the lake, not water it purchases from GDU. GDU has a
master meter near Laconia Street. According to Harry Asher, the
Page 2 of 2
July 20, 1993 Meeting Re: Sebastian Lakes
County's Bulk Rates do not have an 85% multiplier for sewage based
on water meter readings if the irrigation system is totally
independent of the County's water system. There is some verbiage
in the City -County Agreement.
Terry said for Barbara Hall to go through the City in applying
for Impact Fees to connect to the County's sewage system on CR 512.
The City will then write a letter of request to Indian River
County. It doesn't make any difference to the County as to who
reserves the capacity in the plant. The County doesn't have any
jurisdiction over the City. The County wants $2,551.00 per ERU but
will not accept payment over a time period. The cash has to be up
front.
Harry sees no problem in the foreseeable future for reserving
70 ERU's capacity in the North County Treatment Plant. Harry said
that there was more than 70 ERU's available at this time, but he
didn't say how much more. Rich must obtain the current number of
ERU's capacity in the North County Plant from Harry Asher. Terry
said that the County presold 100% of the plant's capacity in the
North County before the plant and transmission mains were in place.
Terry suggested the following procedure for Chase Manhattan
Bank to purchase the 70 ERU's:
1) Chase Manhattan makes a request to the City for capacity.
2) The City goes to the County Utilities Department and makes the
request.
3) The County Utilities Department places the request before the
County Commission for approval.
The request for 70 ERU's has to be voted on by the Board of County
Commissioners because Sebastian is now outside of the County's
service area. Ken Gross said that Chase Manhattan is looking for
some assurance to connect to the County force mains providing there
is capacity at the wastewater treatment plant. The City can
immediately go to County and ask if the County is willing to serve
the area. Barbara reiterated that Chase Manhattan is still
resolved to abandon the sewage treatment plant and connect to the
County force main. The City would be responsible all the way to
the tapping saddle in the right-of-way. Indian River County will
not accept the portion of the force main in the County right-of-
way.
City of Sebastian
1225 Main Streeto SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589.5570
M E M O R A N D U M
DATE: July 26, 1993
TO: Richard Votapka
Utilities Director
FROM: Bruce Cooper
Director of Community Development
REFERENCE: Sebastian Lakes
Attached is a letter dated July 22, 1993 from Barbara Hall which
was faxed to me on that same day. Please note on page 2 that they
are requesting that the City make application to the County for the
capacity necessary to serve the existing utility customers of
Sebastian Lakes. If it is appropriate at this time, please start
any necessary paperwork to initiate this request or please contact
Barbara Hall regarding this procedure.
Thank you.
BC/gk
rvsl.wp
GBEENBEfl G
A T T O e N a r e A 7 L A I
1fl8UflIG(((
A VE0
Transmittal Cover Sheet
TO Mr. Bruce Cooper
Company City of Sebastian
Fax Number 407-589-5570
Phone Number 407.589-5330
FROM Barbara A Hall, Esq.
File Number 15330.0101
Comments
�`
Date July, 1993 3o PM
No. Pages Including this cover sheet J
Please notify us immediately if not received properly at 305-765-0500
or 305-768-8236.
The information contained in this transmission Is attorney privileged and confidential, It Is Intended only for the use
of the Individual or entity named above. M the reader of this msaeage Is not the Intended reclplent, you are hereby
notified that any dissemination, distribution or copy of this communication la strictly prohibited, If you have received
this communication In error, please notify us Immediately by telephone collect and return the original message to us
at the address below via the U.S, Postal Service. Ws will reimburse you for your postage. Thank you,
019 Eael Las Olay Boulevard. Suite 1800, R lauNfdele, lZorida 39301 3QV ft- 600 Fal( 90Ca7W1477
rnN...... .........vn
L #'0L55699L0VI �LLVML506 ZE:Et : E6—ZZ—L : 'V 'd '0 R H 9'H'1'0:A9 AN S
Leonard J. Adler
For ... do C. Al....
Ceeer L. Alam.
Linda C. Andrews
LWana Aemee
Daniel 11. Aronson
D.Ad C. Ashton
Charles M. And.nder
David T. Amin
Fred W. Haggett
Ker,1 L. Ranh
Hilotie Bee.
V. D.o,. neither
Norman J. Brnford
Lica 1. Berger
Dale S. Bergman
Bridget Barry
Mark F. Bid...
Lorenoe Jon If.lby
Mark D. Bloom
Reginald L. Bauthillieq Jr.
Ids-md Btegman
Hl.k. D. Bdaggold
Francis R Brogan. Jr.
Durr Drum.
Francon M. Caaey
Vivid R. Chs.c
Michael J. Chernlga
At, Chouake
Sue M. Cobb
L. Frank Cordaro
C. D.ryl Couch
Albert A. del CertiIlo
Alan T. Dimond
Trial L. Donato
Lucia A. Daugherty
Candax R. Duff
Willis. B. Eck
Kenneth Edelman
Chari.. W, Edgar, DI
Arthur J. Eastland. Jr,
Gary M. Epetehr
Henry H. (Bucky) Foo
Ieffacy R. Fried
Robin F. Frydre.,
Robert C. Gang
Tcrenits Garcia
Wendy Garcia
Richard G Garrett
Brien K. Ger,
Jeffrey Cilb.rt
Laurie L. Gilden
Bruce H. GOee-Klein
Rioh.rd J. Gleam
Barbara A. Hall
305-768-8236
Mr. Bruce Cooper
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Bruce:
Ls +ccaca Codcfaky
Alan S. Gold
Joel k. Goldman
Stem. E. Goldmsa
Steven M. Goldsmith
Ja..ph G Goldstein
Steven S. Goodman
Menthe+ R Corson
Dianne Greenberg
Meloin N. Greenberg
Sandra P. Greenblatt
Robert L. Groumen
Barbera A. Held
Big. A. Harper
Fred R Herrin. Ir.
Alberta M. Hernando.
C. Heramdeo-Laneuin
Jeffmr A. Hfnah
Kenneth C. Hoffa..
Larry J. Hoffmon
Kenneth A. Horky
Gerald J. Houlihan
Keith A. lame.
Matin Kalb
David S. Yasin
Steven L Kravis
Ronald C. L.Fcoe
re: Sebastian Lakes
Steven A. Lnndy
Steven B. Lapidus
None, B. Lech
Wesley A Lauer
Moshe M. Lebrfeld
James P. S. L"he-
Mme S. Levin
Oscar Levin
Names. H. Llpoff
Carlos E. Launder
Jute P. Loumiet
Brune E. Hand .... 4h
Robert R Meccas
Alfred J. Malefauo
Ince Marrero-Prlegues
Enrique J. M.rtin
Pedro 1. Mmtin...Fraga
Joel a Macer
Juan J. Mayol. Jr.
Robert R. McDonald
John T. Metzger
least L. O'Brien
Mary R. OBcker
Rebooca R. Grand
Sher! L. Od1 llz
Debbie M. Gr.hdeky
A. F,ie..ex Pori.
July 22, 1993
Steve. 1. Pardo
Rose Pntlxh-Raman
Marshall R. Pentern.ck
Byron G. fetereen
Roberto R. Popo
Alban a Quentel
C. Ryan Rentz
Mark 1, Relemm
Lula Goiter
Barry Sam, Richard
A. Jeffry Robinson
Ko ... th R Robhn.on
Raquel A. Rodrigues
Alan H. R.hdak
Marvin S. Rosen
Riahmd A. R..rnbeum
Ronald M. R .... gmten
David L. Rape
Gary A. Saul
EMot 11. 5aherker
Mark P, Schncpp
Clifford A. Schulman
Paul E. Shepiro
Randy J. Sha..
Paul A. Shelowltx
Enrique Stir.
Marlon. K. Siberman
smart H. Singer
Holly R. Skolnick
Laura P. Stephenson
Joel L. Stocker
Douglas R. Thornb.,
Robert H. Trzurig
Brian J. W.lsh
Eei,k Wae.errtmm
Jeffrey Weilhorn
Da.id E. Well.
Bradford D. West
Howard W. Whiuker
Jerrold A. Wish
Timothy D. Wolfe
Linda C. Worron
T. Werne Davie, of Cc
Arnold J. lloffinen, of
Patrick T. O'Brien, of
B. K. Robert., of Cout
All.. S.I.-in, of Court
Brian J. Shorq of Cow
Craig E. Stein, of Com
Mara M. Weuon, of G
Zmhmy H. WON.
In the weeks since the last City Council Meeting regarding Sebastian Lakes we have
been working with our engineers and meeting with the County staff and City staff to resolve
the water and sewer utility issues on the property, to obtain cost estimates for Laconia Road
and to finalize the issues in the Developer's Agreement. I believe that we have progressed
sufficiently on these issues to ask the City to set the two public bearings on the Developer's
Agreement which are required before the agreement can be executed and made effective.
We ask that the second public hearing be held on September 22, 1993 to give us the
rnwuut.ww.iso.yrve
GREENBERG. TRAURIG, HOFPMAN, LIPOFF. ROSEN & QUENTEL. P. A.
515 EAST LAS OLAS BOULEVARD FORT LAUDERDALE, FLORIDA 33.301 305-765.0500 FAX B05 -T65-1677
MIAMI FORTLAUDERDALE WEST PALM BEACH JACKSONVIL T
LE ALLABASSEE
Z #:OLSS6ASL04l «LL4lS9LS0E MEL : E6 -db -L : 'V'd i0 ? PI pH'1'O:4
Mr. Bruce Cooper
zz-MAY4r 1993
Page 2
opportunity to work out the remaining issues regarding water and sewer service to Sebastian
Ickes so that a utility agreement and the Developer's Agreement can be approved at the
same time.
We will discuss the remaining issues in the Developer's Agreement with you by
conference call on Monday so that we will be able fax to you on Tuesday the form of
agreement that we wish to have considered for approval at the two public hearings.
We also request that the City make application to the County for the capacity
necessary to serve the existing utility customers of Sebastian Lakes. The County has advised
us that such a request for county transmission, treatment and disposal services must be made
by the City rather than by us because the City is the utility provider within the city limits.
If you have any questions regarding these issues or wish any further clarification,
please call me.
Very truly yours,
BAH:amc Barbara A Hail
cc: Ms. Cheryl Freindlich
.n�..w�ss...wvualn
GREENBERG TRAUR[G
E #!OL99689LO41 -L0199L90E MEL ! E6—ZL—L ! 'V 'd T ?R H 9'H'i T:A9
J. CHARLES GRAY
GORDON H. HARRIS
RICHARD M. ROBINSON
PHILLIP R. FINCH
PAMELA O. PRICE
JAMES F. PAGE, JR.
WILLIAM A. BOYLES
THOMAS A. CLOUD
BYRD F. MARSHALL, JR.
J. MASON WILLIAMS, III
LEO P. ROCK, JR.
G. ROBERTSON DILG
CHARLES W. SELL
JACK A. KIRSCHENBAUM
JAMES W. PEEPLES=
FORREST S. FIELDS, JR.
RICHARD E. BURKE
GUY S. HAGGARD
FREDERICK W. LEONHARDT
BORRON J. OWEN. JR.
GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
201 EAST PINE STREET
POST OFFICE BOX 3068
ORLANDO, FL 32802-3068
TELEPHONE (407) 843.8880
FAX (407) 2"'5690
00
GLASS BANK BUILDING
505 NORTH ORLANDO AVENUE
POST OFFICE BOX 320757
COCOA BEACH, FL 32932-0769
TELEPHONE (407) 783-2218
FAX (407) 783-2297
WRITERS DIRECT DIAL
PLEASE REPLY TO:
Orlando
July 27, 1993
Mr. Robb McClary, City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
RE: Legal Representation through June 30, 1993
Dear Mr. McClary:
THOMAS C. SHAW
PAUL S. OUINN, JR.
DAVID L. SCHICK
JACK K. MCMULLEN
SUSAN TASSELL SPRADLEY
TRACY A. BORGERT
MICHAEL K. WILSON
LILA INGATE McHENRY
KENT L. HIPP
MICHAEL E. NEUKAMM
ROBERT L. BEALS
DONALD H. GIBSON
KIMBERLY L. NOWORYTA
MALCOLM R. KIRSCHENBAUM
OF COUNSEL
Enclosed is our firm's invoice for legal services through June
30, 1993 on the water and sewer matters. If you have any questions
regarding this invoice, do not hesitate to contact me.
TAC:lkd
Enclosure: Invoice
S" rely yours,
o as A. C oud
GRAY, HARRIS & ROBINSON,
Fund #:��
Acct.
Object:��,
Amt.:(�5
Date
Initis!
�[
v
GLASS BANK BUILDING
505 NORTH ORLANDO AVENUE
POST OFFICE BOX 320757
COCOA BEACH, FL 32932-0769
TELEPHONE (407) 783-2218
FAX (407) 783-2297
WRITERS DIRECT DIAL
PLEASE REPLY TO:
Orlando
July 27, 1993
Mr. Robb McClary, City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
RE: Legal Representation through June 30, 1993
Dear Mr. McClary:
THOMAS C. SHAW
PAUL S. OUINN, JR.
DAVID L. SCHICK
JACK K. MCMULLEN
SUSAN TASSELL SPRADLEY
TRACY A. BORGERT
MICHAEL K. WILSON
LILA INGATE McHENRY
KENT L. HIPP
MICHAEL E. NEUKAMM
ROBERT L. BEALS
DONALD H. GIBSON
KIMBERLY L. NOWORYTA
MALCOLM R. KIRSCHENBAUM
OF COUNSEL
Enclosed is our firm's invoice for legal services through June
30, 1993 on the water and sewer matters. If you have any questions
regarding this invoice, do not hesitate to contact me.
TAC:lkd
Enclosure: Invoice
S" rely yours,
o as A. C oud
GRAY, HARRIS & ROBINSON,
Fund #:��
Acct.
Object:��,
Amt.:(�5
Date
Initis!
GRAY, HARRIS & BOBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
- SUITE 1200
201 EAST PINE STREET
POST OFFICE BOX 3068
ORLANDO, FLORIDA 32802
TELEPHONE (407) 843-8880
City of Sebastian JULY 23 1993
Robb McClary - City Hall File # 40107- 1
P.O. Box 780127
Sebastian, FL 32978
Statement # 210017
Water and Sewer Matters
This summary includes all transactions on the above matter
processed up to and including the date of the last transaction
shown on this invoice. Any transactions, including credits or
receipts processed after that date will be reflected on a future
statement.
Current Fees:
Current Cost Advances:
Total Current Fees and Cost Advances:
TOTAL BALANCE DUE:
175.00
45.65
220.65
220.65
Continued
GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
201 EAST PINE STREET
POST OFFICE BOX 3068
ORLANDO, FLORIDA 32802
TELEPHONE 14071 843-8880
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
Statement #
210017
For Professional Services Rendered:
Re: Water and Sewer Matters
Professional Services:
File #
JUNE 21 93 TAC Reviewing correspondence from Robb
McClary; conferring by phone with Robb
McClary; conferring by phone with
Charles Nash
Cloud, Thomas A. 1.00 175.00
Current Fees:
Cost Advances:
JUNE 23 93 Telecopier/Local
JUNE 30 93 Postage and Handling
Current Cost Advances:
Current Fees and Cost Advances:
TO INSURE PROPER CREDIT TO THE ABOVE ACCOUNT
PLEASE RETURN A COPY WITH REMITTANCE
DUE UPON RECEIPT
0077
JULY 23 1993
40107- 1
1.00
175.00
175.00
45.00
.65
45.65
$220.65
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M E M O R A N D U M
DATE: July 27, 1993
TO: Mayor Powell, City Council Members
THROUGH: Robert S. McClary
City Manager
FROM: Richard B. Votapka R!�✓
Utilities Director
RE: Billing Policy in Regard to Shut -Off of Water/Sewer
Service
As further backup to my July 20, 1993 memorandum in
reference to the Shut -Off Policies, I have prepared two detailed
calculation sheets, as attached, which show the projected revenue
loss if the City does not bill a minimum charge for water or
bills at a vacation rate. I plan to thoroughly review the
calculations, if Council desires, when the item is brought up for
consideration on the agenda.
Please be advised that at this point in time, Park Place
customers must still pay the $10 surcharge as a requirement of
the July 11, 1989 Take -Over Agreement between Nelson Hyatt, owner
of Park Place, and Indian River County. This is a condition
which was inherited by the City from the County and which the
City is obligated to collect from the Park Place residents on a
monthly basis.
July 27, 1993 Memorandum
Billing Policy - Water/Sewer
Page Two
Also, being that Indian River County charges a bulk rate to
the City for acceptance and treatment of wastewater in both Park
Place and Palm Lake Club, the City can only forgive its portion
of the sewer bill. This amounts to 15% of the base facility
charge. Once the City is able to provide wastewater treatment
for Park Place and Palm Lake Club, no remittance will be required
by the County.
The only rate relief to the customers in Park Place and Palm
Lake Club will be that portion of the Utility Bill for which the
City is directly responsible.
+1
July 21, 1993
VOLUNTARY SHUT OFF OF SERVICE
Projected revenue lost if the City does not charge for water (no
monthly minimum). Until such time as the City provides wastewater
treatment for Park Place and Palm Lake Club, the City must remit
85% of the base facility charge to Indian River County. Based on
current records for voluntary shut off requests, the following
revenue loss is calculated:
1
`a
PARK PLACE
24 customers x
Note: $39.37
$24.85
$14.52
PALM LAKE CLUB
($39.37 - $24.85) _ $348.48/month
is the current minimum bill
is the bill with no charge
for water by the City
represents the loss in revenue to
the City per customer is there is
no charge by the City for water
2 customers x ($29.37 - $14.85) _ $
Note: $29.37 is the current minimum bill
$14.85 is the bill with no charge
for water by the City
$14.52 represents the loss in revenue to
the City per customer is there is
no charge by the City for water
29.04/month
$377.52/month
Average 4 months temporary absence July - Oct. x 4 months
TOTAL $1,510.08
Total lost revenue from Park Place and Palm Lake Club for water and
sewer compared to total projected revenue from October 1, 1993 -
September 30, 1994.
Lost Revenue = $1,510.08 = 0.93%
Projected Revenue $162,401.00
Projected Revenue for 1993/1994 is calculated as follows:
Water charges $65,600
Sewer charges $62,600
4% Utility Tax $ 5,305
6% Franchise Fee $ 7,656
$10 Surcharge $21.840 Park Place Only
$162,401
PARK PLACE/PALM LAKE CLUB
Calculations Determining Minimum Bill Using a Vacation Rate
1993 Vacation Rate Based on 1/2 the Base Facility Charge for
Water, 85% on sewer
Water Billing Charge $ 2.00
1/2 BFC $9.20/2 = $ 4.60 (City can charge 1/2 for water)
Sewer Billing Charge $ 2.00
85% BFC = 85% x $13.50 $11.50 (City can only reduce County bill
to 85% because County charges
85% to the City)
4% Utility $ .80
6% Franchise Fee $ 1.21
MINIMUM BILL $22.11 Palm Lake Club
10.00 Surcharge -Park Place only
MINIMUM BILL $32.11 Park Place
Calculations Determining Minimum Bill
if there is no charge for Water
Even if the City decides not to charge for water, the County still
requires payment for the base facility charge on sewer. The City
can only reduce the sewer base facility charge to 85% of the base
facility charge of $13.50. The minimum bill is as follows:
Billing fee $ 2.00
BFC 85% x $13.50 $11.50
Payment in lieu of
Utility Tax (4%) $ .54
Franchise fee (6%) .81
Total Minimum Bill $14.85
$10.00
Total Minimum Bill $24.85
for Palm Lake Club
Surcharge for Park Place
for Park Place
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M E M O R A N D U M
DATE: August 16, 1993
TO: Richard Votapka, Utilities Director (1�
FROM: Marilyn Swichkow, CPA, Finance Director y/
r„
RE: Sebastian Lakes and 70 ERUIS to be Purchased From IRC
As I have already noted for you and Bruce Cooper, pursuant to my
conversation with Jim Chandler, Indian River County Administrator,
reservation of capacity is by payment of applicable charges.
Please copy my office on all future correspondence regarding
Sebastian Lakes or IRC where the payment or receipt of funds is
contemplated. Thanks.
/sg
FROM GR€ESERG,TRAURIG PA
(TUE) 8.17.'93 't`�15 NO.2060017286 PAGE 15
OWNEI�SH I P a. ENCUM E3 IFZ
t_^.ERT I F I CATS
Issued by
ATLANT I C COAx3TAL. T I TLE
CO F2 PORft. T 1 ON
936 47th Avenue, Vero Beach, Florida 32966 Telephone - (407) 569-4364
Re: City of Sebastian, a Florida Municipal Corporation
AcTC File: 29923799
This is to certify that a careful and diligent search of the Public Record as
to the land hereinafter identified, to wit:
Tract P, SEBASTIAN HIGHLANDS, UNIT 16, according to the Plat
thereof, as recorded in Plat Book 8, at Page 45, of the Public
Records of Indian River County, Florida.
was conducted beginning at 8:00 AM and continuing through 5:00 PM on the
certification date given below; and it was found that title to the land
hereinabove described was apparently vested in "city of Sebeatian a Florida
Municipal Corporation" by virtue of that certain instrument recorded in O. R.
Book 928, at Page 2018; and it appears by virtue of a reference in that
instrument (or by instrument recorded subsequent thereto) that subject land
was encumbered by;
Nothing Apparent!
No other matters were discovered during the period searched that appear to remain as an encum-
brance upon the land.
Real property taxes for the year 1991 were found to be Paid in the
gross an -cunt of $0.00. No search for special assessments was made.
This certificate does not obligate the Company .to insure title to the lend described herein, nor
does it intend t6 make any representation e6 Eo�tlie insurabiiity or marketability thereof or to
the legal sufficiency, of any instrument referred to herein. The Company's liability hereunder is
limited seleTy to the amount actually paid for this certificate, and is void except as to the
entity to whom originally issued.
Certified to General Development Utiliti nc. as o9May 8, 1992.
ler, Jr.
Presi
]� .
2 21 i2/_'...
\�` \Ytil"�i/. /•"`.1
RECEIVED
FROM GREEN&ERG,TRAURIG PA
(TUE) 8.17.'93 " 15 830.2060017286 PAGE 14
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
NOT A BOUNDARY SURVEY
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"f2 L'Y P
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61
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SURVEYOR'S NOTES:
:1. .0 - Denotes Change of direction only - no corners found or sae.
2. The bearings shown hereon are based on the West right of way line of Kildare Drive
bearing Nio-00'001-W, per plat.
A 7 T T� N 3. Son Sheet 1 of 2 for Legal Description and Surveyor's Certification.
�f//-\#�L�M�JnLgJi.�nleVering,Ine.;
ENGINEERS — SURVEYORS
100 DOOF LANE'(P.O.DOL 321321)
COCOA DUCE. nO81DL 3293E-1321
407/783-7443
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
August 18, 1993
Mr. Terry Pinto
Director of Utilities
Indian River County
1840 25th Street
Vero Beach, FL 32961
Re: Policy on Voluntary Termination of Water/Sewer Service
Dear Mr. Pinto:
I have checked with your Accounting/ Clerical Supervisor, Lori
Kowalski, as to your Department's policy on voluntary termination
of water/sewer service. I was informed that in the situation
whereby a customer requests a temporary shut off of service for an
extended absence or a permanent shut off upon moving out of the
residence, the County continues to invoice the customer the full
billing and base facility charges. In the case where permanent
termination of service is requested, the charges continue until
such time as a new application for service is made by another
customer.
I had my secretary conduct a telephone survey of various
municipal utility department and private utility company policies
in locales relatively close to the City of Sebastian. The results
of the survey are attached. As you can readily see, Indian River
County and the City of Okeechobee are the only public utilities
which charge customers after the water has been turned off. The
City of Vero Beach, Ft. Pierce Utilities Authority, City of
Melbourne, City of West Melbourne, City of Cocoa, Martin County
Utilities, City of Titusville, and Orlando Utilities do not
continue to charge customers following termination of service.
Both the City of Palm Bay and St. Lucie County Water Systems
were recently purchased by General Development Utilities (GDU).
They were not contacted since they may have adopted GDU's policies
for convenience at the present. Both GDU and Florida Cities Water
are private companies which continue to bill after voluntary
termination of service. However, as previously stated, the
majority of public utilities surveyed do not.
I would appreciate the reasoning on why Indian River County
did not institute termination of charges on voluntary shut offs.
Page 2 of 2
August 18, 1993 letter to Terry Pinto
Certainly, loss of revenue is the chief factor. However, if the
loss of revenue is comparatively small in percentage to the over-
all revenue collected, couldn't rates be adjusted ever so slightly
to compensate for the loss?
I am in the process of writing to the other public utilities
to question them on their policies. I would appreciate your
response to my questions soon since Indian River County Utilities
seemingly represents the minority position with regard to billing
after voluntary service termination.
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
RBV/n v
CC: ✓Kay O'Halloran, Acting City Manager
Marilyn Swichkow, Finance Director
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M E M O R A N D U M
DATE: August 18, 1993
TO: Kathryn M. O'Halloran
Acting City Manager 10
FROM: Daniel C. Eckis, P.E.
City Engineer/Public Works Director
RE: GDU request for easements and vacation of right of way
Charles Heartfield, contacted me with regards to the vacation of
drainage right of way at two locations in unit 17. The requests
were made because private liftstations were located on public
property. It is my understanding that there have been requests
for easements to existing liftstations located on property that
the City of Sebastian is now the current owner. It is my opinion
that the City should not vacate any public right of ways nor
provide GDU with any easements to allow them legal rights for
ingress and egress to their liftstation facilities.
It is my concern that once easements are granted to these
facilities then GDU would be able to convey the rights of their
existing Utility system to prospective buyers. The City should
not help GDU sell their system to another outside utility
company. I would recommend that the City Attorney investigate the
conditions of the property transferred to the City to determine
if the City is obligated to provide easements to G.D.U.
CC: Reading Board
Richard Votapka, P.E.
15
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, t'era Beach, Florida 32960
101ephon" (407)W d(M
August 24, 1993
Richard B. Votapka
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
SUBJECT: POLICY ON VOLUNTARY TERMINATION OF WATER/SEWER SERVICE
Dear Mr. Votapka:
This is to respond to your correspondence of August 18, 1993 to Mr. Terry Pinto
concerning the above -referenced subject and to answer your question as to the reason
the County does not have termination of charges on voluntary shut offs and your
suggestion to adjust its rates to its permanent customers to compensate for the loss of
revenue.
The question you ask focuses on only one segment of the County's entire rate structure
(base facility charges) but affects each of its customers. A major factor in rate making
is to assure that one class of customer does not subsidize another customer class. This
was a major consideration when the County developed its current rate structure. The
plant capacity and the associated expenses for providing and maintaining the facilities
continue when the customer you refer to voluntarily terminates service.
The response to your statement "loss of revenue is the chief factor. However, if the loss
of revenue is comparatively small in percentage to the overall revenue collected, couldn't
rates be adjusted ever so slightly to compensate for the loss?" is that the County
considered this factor in great detail in the development of its rates and does not believe
that one customer class should subsidize another customer class as you suggest.
The County performed a very extensive analysis of the effect of removing the base
facility charge from its rate structure and determined that the effect would not be a "ever
so slight adjustment" to the other customer classes. A copy of the Agenda Item as
presented to the Board of County Commissioners is attached.
The County believes that its rate structure achieves equity in proportion to the cost of
providing service to the various customer groups. The fact that our rate structure falls
into the minority position in your personal survey could mean that other systems should
look at the equity of cost allocation in their customer groups.
Richard B. Votapka
August 24, 1993
Page 2
As you are aware, the City of Sebastian can adopt any rate structure that you may
choose. The City can review its existing rates and decrease the rates to reduce the costs
to the customer class to which you refer and increase the rates to the other customer
classes. This is a decision for the City.
Sincerely,
Harry E. Asher
Assistant Director of Utility Services
HEA:sb
cc: Terrance G. Pinto, Director of Utility Services
Kay O'Halloran, Acting City Manager
Marilyn Swichkow, Finance Director
(VOTAPKA.HEA)sb
1u�111L Ill 11,11a tAMU LbAl"
1'un tIII 1111111y Ralrs
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11 •IU llnlb IIIIII•J 1991 1992
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11 nu 1101, 11111cd 1991 1992
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1 .,ulp•lh,ul ul l uutbinrd 11'4141 $Jcttrl 141u"IIJ) Billing \Y 1111 S \1 /11 11414. 1 411th) 1 h•lgl
lavation of Rate Components and Fees
Billing Charge -
The charge imposed by the County for recovery of expenses associated with
billing, collecting. and accounting services.
Base Facilities Charge -
• The charge imposed by the County for each equivalent residential unit* (ERU)
that recovers the fixed costs to the County of having the system available to
serve that ERU without regard to volume used.
Volume Charge -
The charge imposed b\- the County to- the monthly voiume used tc recove- the
associated expenses fo- the production and/or treatment of the service provided.
impar Fee -
The fee chargee by the CounTy tc rea' property owners tC fund the capita; cos,
incurred rw the wate- anc wastewate- utilitm tc serve nevi utility customers
*Eauivaien: Resioentia: Uni- (ERJ -
!ne amoun- o- Ovate' ::sec o' wastewate' reS;oe.11 :!Flit
wnicr Ovate' ;aee_ , ' --
rang o� .. K. caiio a=• :.a, ., a - pax; --;;;r- oar oast-
Current L tilitv Rates
«ater with Base Facilit-v Charcre
b::;me Cnarvc bas: scum Cnam: oiam: -nam:
«-ater L ili �s Billed 1991-1992
ProjectedWater Revenue - 1992-93
Rates
Projected eater Revenue w !o Base
Facilit-v Charlie
Utility R
00
Water without Base Facility Charge
nil!= Coarse base i2: an ::mur- %omme Cnarn-
Current Utility Rates
Sewer with Base Facility Charge
Diiime marc: bast Facwry Cuar4- oiume _narcc
Sewer Units Billed 1991-1992
Projected Sewer Revenue - 1992-93
Rates
Projected Sewer Revenue W/o Base
Facility- Charge
Utility Rates
Sewer without Base Facility Charge
:ii:::nr Cnamc oax raa ;•� ; aa:rc '. outmc Cnars:
-ater Revenue Comparison 'With & W/0 Base Facility
Ch-arcye
Sewer Revenue Comparison with & `z-!Q Base Facilitv
Charge
Comparison of water Monthly Billincy NI'ith & N !O
Base Facilit-v Char^e
Comparison of Sewer Monthly Billing NVith !Q
Base Facility- Charge
Comparison of Combined VX ater &Sewer Monthh-
Billing With & 'vN-i0 Base Facility- Charge
UTIL (WAGUASE.HEA)scuw
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
DA'Z'E: FEBRUARY 24, 1993
1'u: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED
AND STAFFED HARRY E. ASHE
BY. ASSISTANT DIRECTOR OF UTILITY SERVICES
SUBJECT: ANALYSIS OF THE BASE FACILITY CHARGE COMPONENT OF
THE CURRENT RATE STRUCTURE
OACNGROUNDs
The current rate structure was adopted by the County in 1984 after
cumpletion of a Cost of Service and Rate Setting Study by Arthur
Yuung i Company and was updated in 1991 by the CH2MHill Rate Study.
Sume of the major factors considered in adopting the current tate
structure wefe as follows:
Financial Sufficiency - Rate structure would geuetaLe
sufficient revenues over time to recover operating and capital
costs,'and provide sufficient working capital.
Equity - Rate structure charges customers or customer classes
In proportion to the costs of providing service to Lbusu
customer groups.
Impact on Customer Classes - Rate structure results in the
least economic impact on classes of water and wastewater
customers.
Compliance with Appropriate Legal Authorities - Rate structure
is consistent with existing County ordinances as well as
state and federal statutes, such as EPA user charge
regulations.
Avoidance of Discriminatory Rate Relationships - Rate
structure avoids relationships which cause one customer class
to subsidize another customer class.
The cost of providing water and wastewater service must be
:ecuvered through appropriate charges to customers. Tile current
late structure to recover these costs consists of the tollowings
(1) Fixed Charges - The monthly fixed charges which represent
the minimum amount that each customer must pay. Tl:e
fixed charge recovers two type of costs:
(a) Billing Charge - Recovers customer coats for
billing, collection, meter reading and customur
service.
(b) Base Facility Charge (Availability) - Recovers
availability costs related to having facilities
available for use by customers. Availability costs
are allocated to each customer based upon
equivalent residential units (ERU). The fixed
charge per ERU provides for no minimum allowance of
Sl18JEC'I't ANALYSIS OF THE BASE FACILITY CHARGE COMPONENT OF THE
CURRENT RATE STRUCTURE
Mage Two
consumption. With the exception of utility and
specific treatment and production costs, the
majority of operating and capital costs (801) could
be considered fixed charges during a rate baso
period. A fixed charge guarantees the utility a
major portion of its required revenues during
periods of reduced customer usage.
(2) Volume Charge - Recovers specific treatment/production
costs established as a unit charge per thousand gallons.
ANALYSISt
'Phis analysis was performed with the following assumptionat
(1) Actual 1991-92 sales units were used as the base puriud.
(2) The 1992-93 rates were applied to the 1991-92 aalea units
for revenue projections.
(3) Deductions to sales units were made for existing reaelved
capacity, projected seasonal units, and elasticity
adjustment for a decrease in volume units to reflect the
effect of a rate structure without a base facility
charge.
It a rate structure without a base facility charge was adopted, the
loos of revenue from the reserved capacity units and residential
uuasonal units would result in the followings
(1) Revenues from reserved capacity in the amounts of
$394,159 (8.77% of 92-93 water revenues) and $959,469
(17.00% of wastewater revenues) would be recovered
through the volume charge to existing customers.
(2) The effect of the reduction of revenue from the tuduced
capacity units (development), residential seasonal units,
and elasticity by removing the base facility charge and
recovery of the revenues through the volume charge are
projected as follows;
REVENUE
WATER
Commercial
Residential
Reserved
Totalr
1992-93
$850,115
$3,387,392
$394,159_
_
$4,631,667_
1 of Total
18.931
75.34%
8.771
loot
W_/O Base
$1,096,285
$3,535,382
$0
$4,631,667_
Facility
24.381
78.631
0%
loot_
Inc/Dec
$246,169
$147,990
($394,159)
$0
SUb.IECTs ANALYSIS OF THE BASE FAC11.1TY CHANGE COMPUNENT OF THE
CURRENT NATE STRUCTURE
Paye Three
REVENUE
WASTEWATER
Based on reductions for reserved capacity units, residential
seasonal units and elasticity adjustment for decrease in volume
units, water volume charges would increase from an average of $1.99
per thousand gallons to $4.75 per thousand gallons and wastewater
volume charge would increase from $3.35 per thousand gallons to
$12.09 per thousand gallons. The water volume charge per thousand
gallons would increase.by 238.69% and the sewer volume charge would
increase by 360.89%.
The effect of removing the base facility charge would bu the
sucovery of costs for providing the availability of service for
reserved capacity (development) and residential seasonal customers
LLOm existing annual users of the system.
As indicated in the attachments the following effect on a cuadbluud
waLer and sewer monthly billing would occurs
(a) The bill for a annual residential water and sewer euaLumar
using 5,000 gallons would increase by 03.6% or $42.22 monthly -
$506.64 annually.
(b) The bill for a commercial water and sewer customer uaing
IU,000 gallons monthly would increase by 125.3% or $96.09 wuutlily
- $1,153.08 annually.
HECOMMENDATIONs
The Staff of the Department of Utility Services believes thdL it
thu rate structure was modified to remove the base facility charye,
it would create an inequity between customers of the system
(existing and future) and would be detrimental to tlse Uverall
financial stability of the system. The Staff believes that the
existing rate structure provides financial sufficiency, equity
between customer classes, compliance with legal authorities (EPA
user charge regulations), and avoids relationships which cause one
customer class to subsidize another customer class.
APPROVED FOR AGENDA:
by
JAMES E. CHANDLER
County Administrator
tvR_---
Date
Commercial
Residential
Reserved
Totals
1992-93
$1,435,213
63,249,861
$959,489
$5,644,563
% of Total
25.43%
57.581
17.00%
100%
W/o ease
$10603,752
$40040,811
$0
$5,64_4__,5_63
Facility
28.41%
11.59%
0%
100%
Inc/Dec
$168,539
$790,950
($959,489)
$0
Based on reductions for reserved capacity units, residential
seasonal units and elasticity adjustment for decrease in volume
units, water volume charges would increase from an average of $1.99
per thousand gallons to $4.75 per thousand gallons and wastewater
volume charge would increase from $3.35 per thousand gallons to
$12.09 per thousand gallons. The water volume charge per thousand
gallons would increase.by 238.69% and the sewer volume charge would
increase by 360.89%.
The effect of removing the base facility charge would bu the
sucovery of costs for providing the availability of service for
reserved capacity (development) and residential seasonal customers
LLOm existing annual users of the system.
As indicated in the attachments the following effect on a cuadbluud
waLer and sewer monthly billing would occurs
(a) The bill for a annual residential water and sewer euaLumar
using 5,000 gallons would increase by 03.6% or $42.22 monthly -
$506.64 annually.
(b) The bill for a commercial water and sewer customer uaing
IU,000 gallons monthly would increase by 125.3% or $96.09 wuutlily
- $1,153.08 annually.
HECOMMENDATIONs
The Staff of the Department of Utility Services believes thdL it
thu rate structure was modified to remove the base facility charye,
it would create an inequity between customers of the system
(existing and future) and would be detrimental to tlse Uverall
financial stability of the system. The Staff believes that the
existing rate structure provides financial sufficiency, equity
between customer classes, compliance with legal authorities (EPA
user charge regulations), and avoids relationships which cause one
customer class to subsidize another customer class.
APPROVED FOR AGENDA:
by
JAMES E. CHANDLER
County Administrator
tvR_---
Date
UTILITY BILL FOR 12,000 GALLONS USAGE (WATER & SEWER)
PRESENT
Water Base Facility Charge........ $13.05
Water Usage
First 10,000 gal $1.24 per gal ... $12.40
over 10,000 gal $1.55 per gal .... $ 3.10
Sewer Base Facility Charge ....... $15.12
Sewer Usage
maximum 12,000 gallons
$1.07 per 1,000 gallons .......... $12.84
PROPOSED
$16.52
$25.60 First 8,000 gal $3.20
$14.92 over 8,000 $3.73/gal
$22.00
maximum 8,000 gals
$34.96 $4.37 per 1,000 gal
10% Utility Tax (water only) ..... $ 2.86 $ 5.70
6% Franchise Tax on total .... 3.39 6.84
TOTAL $62.76 $126.54
CITY OF SEBASTIAN
UTILITIES DEPARTMENT
DATE: September 9, 1993
[ ] CONFERENCE WITH
[X ] TELEPHONE CONFERENCE WITH MR
PLACE
SUBJECT: Water and Sewer Rates
TIME: 3:05 P.M.
JOHN CAREY, LAKEVIEW DRIVE, PARK
RESUME OF CONVERSATION: Mr. John Carey called me with a
belligerent, hostile attitude and wanted to know about the "highway
robbery" rates the City is charging the residents of Park Place.
I explained to him that the City is charging the same rates as
Indian River County. In fact, the City Council adopted the same
rates as Indian River County over one year ago. Mr. Carey said
that he is paying $60.00 per month for only 4000 gallons. I told
him the City could not charge less for the sewer because the County
bills the City for the sewage since the County treats it. He went
on to say that he didn't pay these rates up north and his monthly
bill here was the equivalent to three months up there. Mr. Carey
said that at the rates we charge, someone has to be making a lot of
money. He said "Do you guys take graft or something?"
Mr. Carey was upset about the surcharge. I told him that the
surcharge was negotiated by the County. The City inherited it and
has to charge it. Mr. Carey asked if the City was going to do
something. Mr. Carey was upset that the base facility charge did
not include water usage, say 2,000 gallons. I told him that not
all utilities charged base facility charge s or put a minimum
gallonage figure in the base facility charge. Mr. Carey complained
about a separate $2.00 billing for water and sewer. He could not
see the need for two $2.00 billing charges. He wanted to know when
the City was planning to change the rates. I told him that if the
City acquired the GDU system, a full scale rate analysis would be
done.
He wanted to know where he could express his feelings. He wanted
someone to "piss and moan to", as he put it. He asked me if he
could speak at a City Council Meeting and I told him "Yes". I had
to quote from the Council agenda where it allows the public ten
(10) minutes to speak on non -agenda items. He said he wasn't'
aware of that. I '_old him to talk to the City Clerk's office and
they would inform him of the proper procedure.
ORIGINATED BY: �/� a Y Ui/i�iTiel �/vcyivr 1A
COPY TO:
/ !
Capt. HiYam's
RIVER RAW BAR & SEAFOOD CAFE
Home Of The Waterfront Tiffany Room Banquet Facility
At Sebastian Inlet Marina & Trading Company, Inc.
it N�,
September 20, 1993
e1 SEP 201993
Mayor Lonnie Powell C1 OFF
City Council Members
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Mayor Powell and Council Members,
I left the City Council Chambers last Wednesday night a little
bit in shock. While I can certainly appreciate the City's
desire to purchase the GDU plant and I commend and recognize all
the hard work the negotiating team put forth, I am absolutely
amazed the City's consultants would allow the City to get into
such a poor negotiating position. Hartman & Associates
specialize in advising municipalities on how to set up or
purchase utilities. Surely they should have known it is a
common ploy for privately owned utilities to implement a rate
increase so any purchaser has to pay a higher price. They
should have warned the City of this possibility, particularly
when there has been no rate increase for 7 years! The mistake
cost the customers using the system in excess of $900,000. That
works out to $750 each for the 1,200 people now using the
system.
Additionally, while I have not had an opportunity to review the
purchase contract, I believe the purchase price was based on
revenues and expenses GDU supplied. The Council should make
certain these numbers are audited, and GDU should warrant and
guarantee them in your purchase agreement. The purchase should
not be closed until these audits are completed. I would also
suggest the contract also be structured so it is contingent upon
adequate financing, possibly financing at the 2.5% interest
rate, as suggested by your Consultant.
Corporate Office:
9301 N A -1-A, Suite 4, Vero Beach, FL 32963 PHONE (407) 589-8000 FAX: (407) 589-5100
Mayor Lonnie Powell
City Council Members
September 20, 1993
Page 2
Once this deal is closed, you should fire the Hartman and
McCloud groups and retain firms that will be more consistent and
accurate in their projections and advice.
Thank you for your kind attention.
Sincerely,
. ,
Thomas H. Collins
cc: City Finance Director
Acting City Manager
September 21, 1993
Capt. Hiram's
RIVER RAW BAR & SEAFOOD CAFE
Home Of The Waterfront Tiffany Room Banquet Facility
At Sebastian Inlet Marina & Trading Company, Inc.
Mr. Richard B. Votapka
Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Rich,
I heard a rumor that First Union Bank is not going to be
required to hook up to the sewer system, even though they are
planning a major expansion and renovation at their bank location
on U.S. Highway One. I was under the impression everyone would
have to hook up to the sewer system, and as you know, without
requiring mandatory hook ups, the cost to provide sewer and
water is prohibitive.
Would you please write and let me know the situation regarding
First Union and what the overall policy of the Sebastian Utility
Department is regarding hook ups.
Sincerely,
Thomas H. Collins
cc: Mayor Lonnie Powell
City Council Member s
Corporate Office:
9301 NA -1-A, Suite 4, Vero Beach, FL 32963 PHONE (407) 589-8000 FAX: (407) 589-5100
City of Sebastian
POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
MEMORANDUM
DATE: September 27, 1993
TO:
Dan Eckis, P.E.,
City Engineer/Public�WQo�ks
Director
FROM:
Richard Votapka,
Utilities Director
zQv/
SUBJECT: City Owned Water Systems
This memo is in response to your memo of September 22, 1993 to me
in regard to the City owned water supply systems. Since all of the
City owned systems were initially under your Departmental
jurisdiction, you are certainly entitled to resume responsibility
of repair and replacement. My initial intention was to try to
consolidate information on these systems in the Utilities
Department to facilitate future permitting, record keeping, and
repairs. I didn't envision the Utilities Department purchasing
costly items such as chemical feed pumps, pressure tanks, high
service pumps, etc. since these costs should be funded from the
Public Works Department budget. Now that you have resumed total
responsibility, I would like to advise you of the following items
that need to be accomplished:
A check in the amount of $140.00 payable to the Florida
Department of Health and rehabilitative Services (DHRS) must
be sent to the Indian River County Environmental Health
Department. Along with the check, you need to send the "DHRS
Operating Permit Applications" for the Community Center and
Yacht Club and the Registration for Exemption forms for Old
City Hall, the Public Works Garage, Sign Shop, and Cemetery
Shop Building. All of the forms have already been prepared by
my department and are attached to this memo. One set of forms
is to be dated September 10, 1993, according to Glenn
Schuessler, Assistant Director of the Indian River County
Environmental Health Department. This was the day when the
signs bearing the inscription "This Water Not Approved for
Drinking by H.R.S." were installed at the Public Works Garage,
Sign Shop, and Cemetery Shop Building. Installation of the
signs validated the condition of the exemption. The other set
of forms should be dated this week, when you sign them. A
sample letter to the Director, Mike Galanis, is attached for
your edification.
Page 2 of 3
September 27, 1993 Memo to Dan Eckis
2. The location of the existing well for both the Yacht Club and
the Community Center is to be determined.
3. Site plans for the Yacht Club and Community Center, drawn to
scale, that accurately identify the location of the source of
water in relation to property boundaries and containment
sources, must be furnished to the Environmental Health
Department.
4. Meters are to be installed at both the Yacht Club and
Community Center to determine the discharge rate of the
existing pumps and daily flows for informational reporting
purposes.
5. Results of chemical tests, as per the attached Table II from
Chapter 10D-4.029, F.A.C., for the Yacht Club and Community
Center are required to be reported to the Environmental Health
Department as soon as possible. Bio Services of Vero, the
operator of these small systems, has already taken the test
samples to run the chemical analysis.
6. As a reminder, a small wooden pumphouse must be constructed
over the well at Riverview Park once your department completes
its additional connection for the irrigation system.
7. Should problems with waterlogging of the pressure tank reoccur
at Riverview Park, I would recommend that a bladder tank
having an approximate minimum drawdown capacity of 20 gallons
be installed. This equates to a tank having an overall
capacity of 62 gallons depending on the manufacturer. The
discharge capacity of the existing pump at Riverview Park is
20 gpm. The 62 gallon tank will permit the pump to run at
least one minute. one minute is the recommended minimum run
time and will provide adequate time for the chlorine pump to
run as well.
I will have Nancy, my secretary, photocopy the documents the
Utilities Department currently has on file for the City owned water
systems and return the original to you as soon as possible. I
would like to keep a set of documents in our files just for backup
purposes.
Page 3 of 3
September 27, 1993 Memo to Dan Eckis
Attachments:
Draft letter to Michael Galanis
DHRS Chapter 1OD-4.029, F.A.C. Table II Chemical Analysis Report
Suggested Sign
August 9, 1993 memo regarding telephone conversation with Glenn
Schuessler
Operating Permit Forms
HRS Form 4092 Yacht Club
HRS Form 4092 Community Center
Registration Exempt Forms
HRS Form 4095 Old City Hall (2 copies)
HRS Form 4095 Public Works Garage (2 copies)
HRS Form 4095 Sign Shop (2 copies)
HRS Form 4095 Cemetery Shop Building (2 copies)
cc w/o attachments:
Kay O'Halloran, Acting City Manager
Marilyn Swichkow, Finance Director
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
M E M O R A N D U M
DATE: September 22, 1993
TO: Richard Votapka, P.E.
Utility Director �,,ay�
FROM: Daniel C. Eckis, P.E!��yJ
City Engineer/Public l�f� kks Director
RE: City owned Water Supply Systems
-----------------------------------------------------------------
This memorandum is to follow up our telephone conversation that the
utility department will no longer be responsible for the
maintenance, upkeep and operation of the City's water supply
systems at the following locations:
1. Riverview Park
2. City Hall Complex
3. Community Center
4. Yacht Club
All responsibility will revert back to the Public Works Department.
We will be responsible to contact Bio Services to make them aware
of the change in responsibility. It is apparent that over lap of
our departments has occurred with the responsiblity of repair and
replacement, and that a duplication of efforts had been required
for the execution of purchase orders. It would be in the City's
best interest that the operation and maintenance of these
facilities be handled by the department which is responsible for
the funding.
Therefore, we will continue our testing program and would like to
thank you for the time and effort you have spent in up grading
these systems. /
cc: Kay O'Halloran"
Marilyn Swichkow, CPA
Reading Board
File
State of Florida
Department of Health and Rehabilitative Services
INDIAN RIVER PUBLIC HEALTH UNIT
1900 . 27th Street 0 VERO BEACH, FLORIDA 32960
ANN�,AjL rg
CAT
Ll .XF.T p 4M,IT
MITED EM'
TYF--YE OF SUPPLY CR
(Non -Transferable)
n-4
ISSUED Se 13 i PERMIT NUMBER 311011.13
TO b astian, Cii-',' Of — Yl=kC:I-lt ClUb
920 Indian River Drive FEE PAID $ 70.00
SE-?bastian
MAILED Expiration Date SEPTEMBER 30. 1995
TO City of Sebastian
1225 Main Street
Sebas-ti An FL 32958
DISPLAY IN A CONSPICUOUS PLACE Official
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
HRS - INDIAN RIVER COUNTY PUBLIC HEALTH UNIT
ENVIRONMENTAL HEALTH TELEPHONE (407) 778-6321
190027TH STREET SUNLOM 240.6321
VERO 9EAOH, FL 32960 _ FAx 776-6303
Op
October 18, 1994
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: Sebastian, City of - Yacht Club Permit Noe 310118
Annual Operation Permit for Limited Use Public Water
System
Dear Supplier of Water:
In accordance with Chapter 1OD-4, Florida Administrative
Code, the department issues the enclosed Limited Use Public
Water System (LUPWS) Annual Operation Permit. Please be
aware that all LUPWS Operation Permits expire annually on
September 30, and system owners must apply for permit renewal
prior to October 1 of each year.
In addition, the department reminds suppliers to adhere to
the following routine sampling schedule:
1. A minimum of one standard bacterial sample from the
distribution system shall be collected at least once
every calendar quarter. The sample collected shall
be from a tap that provides water for human
consumption.
2. When treatment includes disinfection, a raw source
water standard bacterial sample must also be
collected on the same day.
3. All routine and repeat compliance water sampling
analysis results shall be submitted to this
department by the supplier of water.
Thank you for your cooperation and if you have questions
regarding your water system, please contact this office.
Sincerely,
M. J. Galanis/P. H.
Environmentealth Director
LAWTON CHILES, GOVERNOR
State of Florida
Department of Health and Rehabilitative Services
INDIAN RIVER PUBLIC HEALTH UNIT
1900 27th Street N VERO BEACH, FLORIDA 32960
ANNUAL OPERATING PERMIT �--)) PC)
I IMITED USE PUBLIC WO TER SYSTEM
TYPE (IF SUPPLY C-R
(Non -Transferable)
ISSUED PERMIT NUMBER 310115
TO !-`,eb�-Astian. Cit:V Of --- Community C-Lj,-e
1801 Nor-th Ccmtral Avenut- FEE PAID S
MAILED Expiration Date StEPTEMBER '30. lgg,,i
TO City Of Sc-fl.-mciti.ari
1225 Maii)
Sebastian FL 321758
DISPLAY IN A CONSPICUOUS PLACE (ffficia,
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
HRS . INDIAN RIVER COUNTY PUBLIC HEALTH UNIT
ENVIRONMENTAL HEALTH TELEPHONE (407) 778-W21
190027TH STREET SUN -COM 240-6721
VERO BEACH, FL 329W FAX 778-6303
October 18, 1994
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: Sebastian, City of - Community Ctr. Permit No: 310115
Annual Operation Permit for Limited Use Public Water
system
Dear Supplier of Water:
In accordance with Chapter 1OD-4, Florida Administrative
Code, the department issues the enclosed Limited Use Public
Water System (LUPWS) Annual Operation Permit. Please be
aware that all LUPWS Operation Permits expire annually on
September 30, and system owners must apply for permit renewal
prior to October 1 of each year.
In addition, the department reminds suppliers to adhere to
the following routine sampling schedule:
1. A minimum of one standard bacterial sample from the
distribution system shall be collected at least once
every calendar quarter. The sample collected shall
be from a tap that provides water for human
consumption.
2. When treatment includes disinfection, a raw source
water standard bacterial sample must also be
collected on the same day.
3. All routine and repeat compliance water sampling
analysis results shall be submitted to this
department by the supplier of water.
Thank you for your cooperation and if you have questions
regarding your water system, please contact this office.
Since;ely, .
M. J. Galan P. H.
Environment Health Director
/?40�41
C �ci.[-eJ
LAWTON CHILES, GOVERNOR
SEP -27-93 MON 16;17
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AMILLIR q, rIOAKIINON
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September 27, 1993
OL V.■MAW
*AUA OtnNN. JR.
OavlO L SCHID,
JACR R. MaMULL,N
!USAN TASSELL SPPADLCY
RACT MICHAEL A. Bona 'p,
L WILSON
LILA INGATC MRMCNR.
RENT L NIR►
NICNACL C. NCUNAMM
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DONALD M, OIG,ON
"MCRLY L NOWGOTTA
MALCOLM q, 4'RSCH41N,AUN
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ost OfficeSox Og Z �J b*fG•xI
ebastian, Florida 32978- of % Tcid L 1A"t'^�•�°lGY.!',
012 7 �^--� Q1 --j- +Lu - -71 z, 14-3
Re: Question
of Interpretation Under Indian
River County Contract
Dear Rick;
During our meeting approximately ten
question was asked regarding the City of Sebastian(10) •s days ago, a
customers who have *Purchased* obligations to
capacitut have not yet connected
to the Indian River County Systemy b,
Section 12 of the Agreement River andsed,
City of Sebastian clearly states the following; the
"With respect to customers who have previously
Purchased capacity from the COUNTY buthave
notYn Yet nocted (Class II customers), the
Payment of CO required to guarantee or make
se
charges or ass se smeTY �a in lieuct fes, aofimpactilitfees
due but not yet paid by the customer.»
That paragraph noes on to provide that the County's sole remedy is
that service cannot be extended (i.e., the individual customer
unless elinquent
fees, and charges
on
cannot be connected) and until all dassessments,
are paid to the County. There is no obligation
the part of the City of Sebastian to pay these charges.
I was previous! InfOrmed
has
payments under Protest to Indian Rtheiver Countythe Cfo= heaaldelds made
ext
extending service otherwise �in accordance twith the
termsofAtha
SEP -27-93 MON 16:40 GRAY HARRIS ROBINSON PA FAX NO, 407 244 5690
Ga.+x. Hdaaxs & BOBLvsolc
"QFE$310NAL Al9001ATI0N
Mr. Rick Votapka
September 27, 1993
Page 2
Agreement. Such action on the part of Indian River County is
illegal, not in accordance with the
constitutes a breach of the Agreement. Agreement, and
City should make any more I do not believe probably
basthat the
e facility charges or a assessments is liefor such s of quent impact fees,
further believe that the City should seek restitution offthe monies
previously paid. ' and I
My advice to you is based upon the facts as related to me
bythe City
retad approximately ten (10) days ago- y any
me regarding this matter, please do not hesitf You
h all on
yours,
'fffo'Yas A Clou , quire
GRAY, 9ARRIS & ROBINS , P.A.
cc: Charles I. Nash, City Attorney (via FAX 9 _3741)
covenants, and conditions herein contained shall inure to the
sole benefit of and shall be binding upon the parties hereto and
their respective representatives, successors, and assigns.
12. DELINOUENT FEES, CHARGES, AND A.SS^cSS,)MNTS. With
respect to customers who have previously purchased capacity from
the COUNTY but have not yet connected (Class II customers), the
CITY is not required to guarantee or make payment of COUNTY
impact fees, base facility charges or assessments in lie¢ of
impact fees due but not yet paid by the customer. However, if
the said customer does not pay any such assessments, fees and
charges, the COUNTY may keep any impact fees, charges or
assessments paid and the individual customer cannot receive
service from either the CITY or the COUNTY unless all delinquent
assessments, fees, and charges are paid to the COUNTY. Under
these circumstances, the CITY shall be able to charge an
additional impact fee charges, and assessments to the customer
but shall not provide service until all delinquent fees,
assessments, and charges are paid by said customer, to the COUNTY.
'13. TSH* or AG ?EXZm7 The alreemeat shall be in effect
for 30 years. The te•miaation of agreements, resol=jons, and
ardimances specified in paragraphs Z and 4 hereof shall act be
affected bg teX=1nati0a of this agreement.
LY WITNESS 'rB=ZOP, COUNTY and CITY have entered into this
13
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
RN
�0
DATE: September 29, 1993 O� C` p4\A
T0: GDU Acquisition File mt Z
FROM: Richard Votapka, Utilities Director
SUBJECT: Response to the Undated Letter from John Revella to
Council which was received on Tuesday, September 28, 1993
in City Hall
Mr. Revella only addresses the water issue in his letter. He has
neglected to look at sewer service entirely. If a fair comparison
is to be made, both water and sewer issues need to be addressed.
Mr. Revella states that GDU's impact fee (water only) is $2,000.00.
Actually, impact fees charged by GDU are based on a combination of
a water plant capacity charge and water main line extension charge.
Charges vary with the front footage of the lot.
He says that Indian River County charges $1,570 for a water impact
fee. However, for an 80' wide lot in Sebastian, the total water
and sewer impact fees would be $3,501.00. Using the County's
charges, the total water and sewer impact fees would be $4,121.00.
What Mr. Revella doesn't realize is that a rate analysis will have
to be done prior to the City purchasing the system - prior to
closing. This will change all of the current figures. The impact
fees may be lower, equal to, or higher than Indian River County's
impact fees. We, as staff, do not know what the rate will be at
this time.
Mr. Revella states that GDU has a "monthly" charge of $13.05 (this
is the base facility charge) while the County has a base facility
charge of $11.88 for water. He compares the usage charges between
the County and GDU but did not calculate a total. If he had
compared the current GDU rates with the County for 3,000 gallons,
he would have found that GDU charges $16.77, while the County
charges $16.45. However, when comparing 5,000 gallons and 7,000
gallons usage, Indian River charges are higher. For 5,000 gallons
usage charges are $20.75 for Indian River County vs. $19.25 for
Page 2 of 2
September 29, 1993 Response to John Revella's Letter
When present sewer charges are taken into consideration, Indian
River County's composite water and sewer bills are always higher.
Refer to the following:
GDU IRC
3000 gallons $35.10 $42.00
5000 gallons $39.72 $53.00
7000 gallons $44.34 $64.00
Lastly, Mr. Revella divided 1200 customers into a purchase price of
$3,700,000 and calculated a cost of $31,000 per user. However, his
calculations were off by a factor of 10. ($3,700,000 divided by
1200 customers is $3,083 per customer). In actuality, the purchase
price is $3,650,000 and the total number of customers on the water
system is 1,242. Using the actual figures, the total purchase
price is actually $2,938.81 per customer. However, the purchase
price includes both the GDU water and wastewater systems, not just
the water system.
Mr. Revella states that a well and water treatment unit costs
$2,000.00. I am assuming that this cost is based on a shallow
well, pump, pressure tank, and a water softener for a residence.
If so, then I would agree that this is a reasonable number which
can be used. However, since the purchase price of the GDU system
includes a wastewater plant and a wastewater collection system, the
approximate cost of a minimum size 900 gallon septic tank and 300
square foot drainfield ($1,000.00)* should be added to the
$2,000.00 figure. The total water and sewer cost figure for a
residential home would therefore be $3,000.00, which is greater
than the $2.938.00 cost per customer of purchasing the GDU system.
* Installed cost of septic tank and drainfield from Reliable
Services and East Coast Trenching in Vero Beach, Florida as of
September 29, 1993.
CC: Kay O'Halloran, Acting City Manager
Marilyn Swichkow, Finance Director
City Council Members
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SEP -30-1993 14:50 FROM GRRYIHRRRISBROBINSON TO 914075895570 P.02
J. CHARI.CS GRAY
GORDON w HAR.15
RICHARD H. ROBINSON
RMILLIP R. ;1 NCM
PAMELA O. PRICE
JAMES r. PAGE. JR.
WILLIAM A. BCY14 $
THOMAS A.CLOUD
BYRC r. MARSHALL. JR.
J. MASON WILLIAMS.=
LEO R. ROCK. JR.
G. ROBERTSON DLG
CHARLES W. SELL
JACK A. KIPSCMENI&AU.
JAMES W. RCERLCS III
rOOREST S. rIELDS. A.
RICHARD E. BURKE
OUT S. "AGGARO
rRCDCRICK W. LEONHAROT
!0440. J. OWEN. JR.
GRAY, HAB]BIs
& 8omNsox
OROrES310NAL ASSOCIATION
ATTORNEYS
AT LAW
SUITE 1200
GLASS BANK BUILDING
40. EAST PINE STREET
505 NORTH ORLANDO AVENUE
P T OrrICC BOK 3069
POST OFFICE 90% 320757
OBLA , FL 36802-3068
COCOA B$ACM FL 32932-0707
TELER.O.E (407) !43-8880
TELEPHONE (407) 703.2219
r,v (407) 244.3630
FAX (407) 733-0887
WRITERS DIRECT
DIAL
PLEASE REPLY TO:
Orlando
September 30, 1993
Via FAX Transmission - 407/589-5570
Rich Votapka, Utilities Director
CITY OF SEBASTIAN
1225 Main Street
Sebastian, Florida 32958
Rea Your Draft Letter to Terry Pinto
Dear Rich:
THOMAS C. $MAW
PAUL S. GUINN. JR.
0
4
V10 L SCMICK
JACK K. MCMULIEW
SUSAN TASSELL SPRAOLET
TRACY A. EOROERT
MICHAEL K. WILSON
LILA INGATE Mc.C.AT
KENT L.N1..
MICHAEL E. NEUKAMM
ROWCRT L. SEALS
OONALO H. OISSON
KIMBERLY L NOWORYTA
MALCOLM R. KIRSCMEN9AUM
Or COUNSCI.
I have had an opportunity to review your draft letter of
September 23, 1993, to Terry Pinto. The only thing I would change
in the letter is to change the date to the date you send the letter
on, otherwise, I think the letter is appropriate.
It is clear under the Contract that we are not required
to pay the items listed in your proposed letter to Pinto. I have
also reviewed the Florida Prompt Payment Act, Chapter 89-297, Laws
of Florida Codified as Part VII, Chapter 218, Florida Statutes.
There have been no judicial decisions rendered that construe the
Act, nor has the Florida Attorney General issued any opinions
regarding the Act. The Act provides that "local governmental
entities" must make timely payment "for all purchases by local
government entities." This timely payment applies to "vendors" who
are defined as "any person who sells goods or services, sells or
leases personal property, or leases real property to a local
governmental entity." The issue is whether or not a "local
governmental entity" would be considered a "person."
While there is no case law or Attorney General's opinion
on point, I believe the City has a reasonable argument that Indian
SEP -30-1993 14:51 FROM GRRY.HRRRISBROBINSON 70 914075895570 P.03
GR", HAHg-r & ROBngSON
PROFESSIONAL ASSOCIATION
Rich Votapka, Utilities Director
September 30, 1993
Page 2
River County is not a vendor or person as contemplated in Section
218.72(6), Florida Statutes. The main case related to the
definition of "person" is City of St. Petersburg v. Carter and the
Florida Railroad and Public Utilities Commission, 39 So.2d 804
(Fla. 1949). In this case, the Florida Supreme Court ruled that
the City of St. Petersburg, a municipal corporation, was not
subject to regulation as a corporation or a person under Chapter
350, Florida Statutes. In so ruling, the Florida Supreme Court
stated that:
"There is respectable authority to effect that
the word 'persons' may mean and include
municipal corporations but such holdings
should still be subject to the legislative
intent as it is expressed or as it may be
gathered from the purpose of the Act, the
administrative construction of it, other
legislative acts bearing upon the subject, and
all the circumstances surrounding an attendant
upon it.,,
In analyzing the purpose behind the Florida Prompt Payment Act,
Section 218.71 specifies that it is the policy of this State that
payment for all purchases by local governmental entities be made in
a timely manner. Local governmental entity is a term defined under
the statute separate and apart from the definition of vendor. The
purpose behind the Act was to insure that individuals or small
business who were not in the same position as a local governmental
entity would not be put at a disadvantage, vis-a-vis local
governmental entities in the collection of services. There is no
indication that this law was intended to protect local governmental
entities from each other. In this instance, I believe the better
argument is that the term "person" would be defined different from
that term "local governmental entity."
For this reason, I believe unless a court or the Attorney
General opines otherwise, that the Florida Prompt Payment Act may
not apply to payments between local governmental entities. There
is also an open question as to whether or not the payment of these
base facility charges would be categorized as "goods and services"
which are the types of payment to be covered under the Florida
Prompt Payment Act. This is specified in the definition of the
term "purchase," which means the purchase of goods or services, the
purchase or lease of personal property, or the lease of real
property by a local governmental entity. See, Section 218.72(5),
Florida Statutes.
++•oc rKum GRAY,HARRIS&ROBINSON
GRAY, HAasxs . & 8onl2reoN
PROrESs10NAL ASSOCIATION
Rich Votapka, Utilities Director
September.30, 1993
Page 3
TO 914075895579 P•04
If you have any further questions regarding this matter,
please do not hesitate to call on me.
cc: Charles I. Nash, Esquire
Sincerely yours,
(fe &h�kl
Thomas A. Cloud, Esqui
GRAY, HARRIS & ROBIX N, P.A.
TOTAL P.04
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
October 4, 1993
Hr. Terry Pinto
Director of Utilities
Indian River County
1840 25th Street
Vero Beach, FL 32961
Re: Interlocal Utilities Agreement Between Indian River
County, Florida and City of Sebastian, Florida Regarding
Class II Customers
Dear Mr. Pinto:
As of May 1, 1993, Indian River County transferred the water
and sewer, lift station, and wastewater reserve capacity (ERU)
accounts within the legal boundaries of the City of Sebastian to
the City under the terms of the referenced April 21, 1992
Interlocal Utilities Agreement. Several of the capacity reserve
(Class II Customer) accounts were delinquent at the time of the
transfer. The City attempted to collect the delinquent fees but
had little success. Indian River County, however, charged the City
for all of the transferred delinquent accounts. The County's
invoices dated July 2, 1993, July 22, 1993, August 10, 1993 and
September 12, 1993, include these charges.
Section 12, "Delinquent Fees, Charges, and Assessments", of
the April 21, 1992 Interlocal Agreement states that "With respect
to customers who have previously purchased capacity from the County
but have not yet connected (Class II customers), the City is not
required to guarantee or make payment of County impact fees, base
facility charges or assessments in lieu of impact fees due but not
yet paid by the customer.
Therefore, it is the responsibility of the County to take any
action it deems necessary against the Class II delinquent accounts
to recover any delinquent fees accrued, not the City. It is also
not a requirement that the City make payment to the County for the
base facility charges. Therefore, the City expects to be refunded
$18,596.12 which includes penalties and interest accrued for the
Page 2 of 2
October 4, 1993 Letter to Terry Pinto
above invoices, since the County is not entitled to charge the City
for delinquent accounts.
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
CC: Kay O'Halloran, Acting City Manager
Marilyn Swichkow, Finance Director
James Chandler, County Administrator
DELINQUENT CLASS II CUSTOMERS AS OF APRIL 27, 1993
IRC NO. CITY NO. CUSTOMER AMT DUE NO. OF ERU`S
IRC
1
103183
2010
STRNAD
$977.87
4
2
103183
2020
STRNAD
$4,185.25
18
3
126293
2050
COLLIER PLACE
$47,798.26
158
4
103233
2060
JULIAN
$13,266.67
80
5
103593
2110
WITHERBY
$290.64
1
6
103773
2370
SEMBLER
$1,954.19
26
7
103803
2390
SEMBLER
$169.73
2
8
103773
2400
SEMBLER
$318.43
4
9
104213
2450
SEB. DEVELOPMENT
$6,377.81
30
10
104303
2520
WALTERMIRE
$328.20
1
11
104303
2530
WALTERMIRE
$328.20
1
12
104543
2670
PHILIPSON
$1,669.20
8
13
104643
2760
CORSORO
$3,345.50
18
14
104663
2770
WON
$3,527.66
13
15
104673
2790
SEB. PARADISE
$5,606.18
20
$90,143.79 384
MONTHLY COUNTY BILLS @ $11.97 PER ERU $4,596.48
Billing Period 05/01-06/01/93
Base Facility
Overcharge
S
4,596.48
Billing Period
06/01-07/01/93
Base Facility
Overcharge
S
4,596.48
Interest Overcharge
$
68.95
Subtotal
$
9,261.91
Billing Period
07/01-08/01/93
Base Facility
Overcharge
$
4,596.48
Interest Overcharge
S
138.93
Subtotal
$13,997.32
Billing Period
08/01-09/01/93
Base Facility Overcharge $ 4,596.48
Interest and Penalty Overcharge 2.72
TOTAL OVERCHARGED $18,596.52
wvrtt
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M MJRAADUM
DATE: October 4, 1993
TO: The Sebastian City Council
FROM: Kay O'Halloran, Acting City Manager/City Clerk
SUBJECT: Purchase of Bulk Water From Indian River County by the
City of Sebastian
I am asking for the consensus of Council to authorize the Acting
City Manager to immediately obtain bulk water from Indian River
County for Sebastian customers, such as the proposed Wal Mart store
on US 1.
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
October B. 1993
Mrs. Lori Kowalski, Accounting/Clerical Supervisor
Indian River County Utilities Dept.
PO Box 1750
1840 25th Street
Vero Beach, FL 32960
RE: Wastewater Capacity Reservation (ERU) Accounts in the
City of Sebastian
Dear Lori:
This letter is a follow up to my phone conversations this
morning with Dick Smith and you in regard to provision of water and
sewer service to Collier Place. In the course of my initial
conversation with Dick, I learned that the Indian River County
Utilities Department had reclaimed all of the ERU's originally
purchased by Collier Place. In checking our records, I found that
Collier Place was still on the City's Billing Roster. Both my
secretary, Nancy Veidt, and Marge Poole of the Finance Department
checked the files to determine whether or not Indian River County
Utilities Department had informed the City of the reclaimed ERU
accounts. There was no letter found based on their search. I have
no recollection of such a letter either. The City is still billing
all of the ERU accounts that were transferred to us by Indian River
County on May 1, 1993.
You mentioned during our phone conversation that the copies of
the eight (8) liens given to me on July 23, 1993 for Sebastian
accounts which were filed by the County were for all of the
reclaimed ERU accounts. However, in checking our records, we know
that one of the accounts still possesses its ERU's - Sebastian
Paradise, Ltd. - although the account has never been paid in full.
One account for Bruce Robert King and two accounts for Hamilton
Floyd have been paid in full. Therefore, has the County also
reclaimed the ERU's from these three accounts? The liens which the
County filed against delinquent ERU accounts which I was given
copies of are as follows:
1. Bruce Robert King for August Park Subdivision $361.33
Parcel Tax ID # 31-30-39-00001-0000-00002.6
2. Collier Place Ltd. Partnership (Collier Place PUD) $49,533.30
Parcel Tax ID # 22-30-38-00001-0020-00000.0
Page 2 of 2
October 8, 1993 Letter to Lori Kowalski
3.
Hamilton Floyd for property on Old Dixie Highway
$ 1,846.88
South of Roseland Road & North of 34th Street
Between US 1 and Old Dixie
Parcel Tax ID # 25-30-38-00000-0050-00005.0
4.
Hamilton Floyd for property on Old Dixie Highway
$ 1,846.88
South of Roseland Road
Parcel Tax ID # 25-30-38-00000-0050-00006.0
5.
Carl Julian for the St. Sebastian PUD
$14,145.97
Parcel Tax ID # 30-30-38-00003-0000-00000.1
6.
David K. Nixon for Fat Boys Restaurant on U.S. 1
$ 3,671.90
Parcel Tax ID # 07-31-39-00000-0010-00006.1
7.
Sebastian Development Project behind City Hall
$ 6,708.56
Parcel Tax ID # 06-31-39-00000-0020-00001.0
8.
Sebastian Paradise, Ltd.
S 5,673.63
Parcel Tax ID # 07-31-39-00000-3000-00005.0
TOTAL
$83,788.45
According to you, the following accounts were paid in full:
1. Bruce Robert King $ 361.33
2. Hamilton Floyd #25-30-38-00000-0050-00005.0 $ 1,846.88
3. Hamilton Floyd #25-30-38-00000-0050-00006.0 S 1.846.88
S 4,055.09
As I requested during our phone conversation, I would like a
letter from you detailing the specific accounts for which the ERU's
have been reclaimed by Indian River County so that our Finance
Department can remove them from the Billing Roster immediately. I
would also like to be notified when the Indian River County
Utilities Department reclaims any additional ERU accounts or if an
existing delinquent ERU account is paid in full.
Sincerely,
iy V• -
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
CC: Marilyn Swichkow, Finance Director
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M J M O R A A J U �b t
DATE: October 8, 1993
TO: Kay O'Halloran, Acting City Clerk
FROM: Richard Votapka, Utilities Director
SUBJECT: Water and Sewer Sleeves for the City of Sebastian to be
Installed Under CR 512
Jim Davis, Indian River County Public Works Director, called me at
1:55 p.m. about the water and sewer sleeves I had requested to be
installed under CR 512. He asked me if I had received a letter
from Roger Cain, County Engineer. I told him that I had not. In
fact, I had met with Wayne Westerman of L. Robert Kimball &
Associates, engineers for CR 512, a couple of months ago (July 15,
1993) at his office in Vero Beach to determine the size, length,
location, and elevation of the sleeves under CR 512. I was
supposed to receive the drawings in a couple of weeks but never
received anything. Jim then put Roger Cain and Wayne Westerman on
the speaker phone. Roger said he thought he had sent me a letter
but possibly was just thinking of sending me a letter and didn't.
Jim Davis told me that Wayne Westerman of L. Robert Kimball &
Associates (formerly Kimball -Lloyd and Associates) had estimated
the installation cost to be $70,000.00 for all of the sleeves. Jim
wanted to know how the City was going to pay the County for the
installation. To my surprise at Jim's remarks, I informed Jim that
I was unaware that the City had to pay for the cost of
installation. Up until this conversation, I was under the
impression since February that the installation of sleeves for
utilities under CR 512 was to be included in the road project which
was financed by County traffic impact fees. Jim Davis then said
that the impact fees would not cover the sleeves because they were
"Utility" sleeves. I told Jim that they were casing pipes, not
actual water and sewer lines.
He asked me if I still wanted the sleeves to be installed. I told
him that I did because installing them in the ground now will be a
lot cheaper than boring and jacking later or cutting the road when
its completed. Besides, the County probably wouldn't allow the
road to be cut. I told him that I did not have the funds for
$70,000.00 sleeve installation in the budget and the budget has
already been adopted. Jim said that payment for the sleeves could
be deferred for a year or until a new budget is approved for
1994/1995.
Page 2 of 2
October 8, 1993 Memo to Kay O'Halloran
Jim Davis told me that when Indian River Blvd. was designed, the
City of Vero Beach paid the engineering fees and installation fees
for all the sleeves to be installed. Jim told me that the City
would have to pay for the engineering for L. Robert Kimball &
Associates as well. I wasn't aware of this either. Since I have
been working with L. Robert Kimball on this project, the City has
never been billed. Now, all of a sudden the City will be billed.
The engineering supposedly would amount to approximately $3,000.00.
I told Jim to write me a letter detailing the costs and I would
discuss this with Kay O'Halloran, Acting City Manager and Marilyn
Swichkow, Finance Director.
I asked Jim how much time I had to make a decision to see where the
City could find the necessary funds. Roger Cain said that possibly
the bids for the work would be let in 60 days. Therefore, I had
some time. Jim said that Wayne Westerman at L. Robert Kimball
would be sending me a cost estimate for engineering next week. I
told him that I would first like to see the drawings with the
sleeves on them. However, Wayne said that the sleeves were never
drafted on the plans. I told all of them just to send me their
letters first and I'll discuss them with the Acting City Manager
and the Finance Director before any decision would be forthcoming
from the City to the County.
Personally, I have the feeling that once the County Public Works
Department had L. Robert Kimball estimate the cost of installation
of the sleeves, the Department realized that it did not have enough
money within its budget for CR 512 to do the job. Therefore, the
County is now looking at the City to fund the entire cost of
installation and engineering. Not once since February did anyone
in the County or at L. Robert Kimball state that the City would
have to install the sleeves at its expense; that the money would
not come from the traffic impact fees paying for the CR 512
project. I mention February because Jim Davis, County Public Works
Director, contacted me about installing sleeves under CR 512 when
he learned that I had accepted the position of Utilities Director
in Sebastian.
Perhaps we should have a meeting with Mr. Chandler to discuss this
particular matter as to why the City must fund. the costs of the
sleeves.
z
■eWsleevee
,..
M M J R A A D u m
DATE: October 14, 1993
TO: Kay O'Halloran, Acting City Manager 0
FROM: Richard Votapka, Utilities Director
SUBJECT: Bulk Wastewater Rates
As per your request, I am providing you with the following
documents related to the County's bulk wastewater rates:
Sept. 3, 1993 Memo from Nancy Veidt to Rich Votapka
concerning "no response" from Indian River
County to Robert Ori's February 4, 1992 letter
to Jim Chandler, County Administrator,
regarding bulk wastewater rates.
August 15, 1993 Memo to Marilyn Swichkow, Finance Director,
from Rich Votapka regarding discovery of the
February 21, 1992 letter from Robert Ori, CPA,
to Jim Chandler, County Administrator,
concerning the dissatisfaction with the
County's bulk wastewater rates.
February 21, 1992 Letter to County Administrator, Jim Chandler,
from Robert Ori, Manager of Rates and Finance
of Hartman & Associates, requesting additional
information, questions, and reservations
concerning the County's bulk wastewater rates.
Based on our discussion this morning, I think you definitely should
call Jim Chandler if the CH2M Hill Bulk Wastewater Rate Analysis is
not provided to the City by tomorrow as promised by Mr. Terry
Pinto, Indian River County Utilities Director. With the CH2M Hill
analysis and questions previously raised by Robert Ori, Marilyn
will be able to perform a detailed review in her spare time.
CC: Marilyn Swichkow, Finance Director
DATE: September 3, 1993
FROM: Nancy Veidt, Clerical Assistant
TO: Richard Votapka, Utilities Director
SUBJECT: Response to Bob Ori's February 21, 1992 Letter to Jim
Chandler regarding Bulk Wastewater Rates.
I have researched our files in an attempt to locate a letter from
Jim Chandler, County Administrator, in response to Bob Ori's letter
to him regarding Bulk Wastewater Rates. There is no letter in the
Utility Department's files. I have checked with Sally Maio, Deputy
City Clerk, and the City Clerk's office has no record of any of
this correspondence. Marilyn Swichkow is in possession of two
boxes which contain copies of Hartman & Associates files regarding
the City of Sebastian. I could find no record of any response in
these files. I also checked with the City Manager's office.
However, the City attorneys had picked up all of the City Manager's
files earlier in the week, so there is no record of any
correspondence at this time.
MEMORANDUM
DATE: August 25, 1993
FROM: Richard Votapka, Utilities Director
TO: Marilyn Swichkow, Finance Director
SUBJECT: Indian River County's Bulk Wastewater Rates for the City
of Sebastian
While Nancy and I were researching the files for the Hartman &
Associates, Inc. contracts and invoices, we came across a letter
dated February 21, 1992 from Robert Ori, Manager of Rates and
Finance of Hartman & Associates, Inc., to Mr. James Chanceller
(sp), Indian River County Administration, in regard to Bulk
Wastewater Rates. I had not seen or had been informed of the
letter until now. In prior conversations I have had with Robert
Ori, he had not informed me of the letter either.
I think the letter clearly explained the City's dissatisfaction to
the County's bulk rate proposal in February, 1992. Unfortunately,
the County paid little credence to the City's position and
implemented its proposed bulk rates without much of a discount from
its retail rates. I don't know if Jim Chandler ever responded to
Bob Ori's letter, but I am having my secretary. Nancy, research
this further.
I did want you to have this letter for information purposes for the
meeting we need to have with Indian River County soon concerning
bulk rates.
ItWbolI
ILARTNI 4 y & ASSOCIATES, Ii
engincers, hydrogcologists, surveyors & mwsgemeat coasultanu
February 21, 1992
Mr. James Chanceller
County Administrator
Indian River County
1840 25th Street
Vero Beach, Florida 32960
Subject: Bulls Wastewater Rate - City of SebaAL-ja
HAI r191-174.Co
We have received a copy of the Bulls Wastewater Rate Study prepared by CH2M U for the
County regarding wholesale wastewater service to the City of Sebastian. Based on our review,
we have some reservations regarding he derivation of he wholesale rate and the relationship
of the level of the rate when compared to the County's retail rate.
r• rr• • • III• rl . 1 r � • • _ 11 ra • • 1 �• I �r f: I •
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1 i I. 1 • Ilrw r11L 1 IF• •� 1• +t ••1 �. ••r 11
1 •Ir(1 1 • • • r• 1•
Another quesdoa we isave regarding :he analysis deals with the allocation of admuris=ve
I rerlecred in the operating expense Listing refected in the report. We feel that it is
inappropriate to allocate thele costs based on total operating expenses, .since several of the
items have no relationship �o such casts. For example, he cast of electricity, purchased sewer
zpenses, and bad debt expenses have no relationship -o travel or uniforms. Additionally,
Other admiaistauve charges are not 'ven 7eected on he derail tables rerlected in the study.
Thus, it would be beneficial if he County would provide more derail or he determination of
he allocation, including plant account balances, detailed Listing of salaries and 'wages, and
descriptions Of the expenses by department_
201 EtbT?INE STREET • iurrE two. ORL+.�DO. -L ;28or
,•EUPHONE (307) 839-3955 • FAX t407)639-3790'
?S7NQPAL7,;,�MFj c CiAlSOPAEi • CHwRL3 'Y. ORA1Cc . GC G. iiAAT51AN • M,IAK i. CUK2 •HARK A. RYNNING • HwR010 E. iC:iM1OT.;3.
Mfr. James Chanceller
February 21, 1992
Page 2
The report also stated that a certain amount of debt service associated with the collection
system was allocable to the bulk wastewater rate. Second, only the transmission facilities from
the point of delivery to the County's system from the City's facilities to the wastewater
treatment plant facilities, which are jointly used, should be reflected in the rate for service. It
appears that the full cost of these facilities have been allocated to the City. It would therefore
be helpful if the County provided copies of all Official Statements, Bond Resolutions, etc.,
relative to the financing of these facilities, so an accurate assessment of cosi can be
determined. We already stated that the plant account balances would be helpful (this should be
by plant account type).
Finally, is unclear to us how the billing costs are allocated; i.e., is the rate applied on a per
meter basis (one account due to maser meter), or per residential connection. Also, there is no
delineation of costs for our review. For example, if bad debt expenses are included in this
charge, it would not be appropriate for the City to incur such a cost.
As you can see, Mr. Chanceller, we have several questions regarding the Bulk Wastewater
Rate being offered by the County, some of which are briefly discussed above. As a result of
our questions and concerns, we would Bite to meet with the County and its consultants at the
earliest convenience to discuss these issues. This would probably be beneficial since we may
be able to avoid a lot of expense to both the City and County regarding derailed analyses of
this rate. Al previously mentioned, we feel that the rate diffamdal between the County and
the City for the recognition of bulk service is not reflective of the industry based on the
conditions of service, as shown below for a few comparable utilities
�Y.,
Altamonte Springs
67.3%
City of Melbourne
67.7%
Cty of St. Petersburg
VAS
Volusia County
86.2%
Mr. Iarres Chance(ler
February 21, 1992
Page 3
We appreciate your efforts in working with the City on this matter and look forward to hearing
from you soon.
Very truly yours,
Hartman & :associates, Inc.
�a' 0,
Robert J. Ori
Manager of Rates and Finance
RIO/ch
C9/Chanclr.rjo
cc; Robert McClary, City Manager, City of Sebastian
Michael I.. Hudkias, Finance Director, City of Sebastian
nocmg A_ Cloud, Esquire, Gray, Harris & Robinson, P.A.
Gerald C. Hartman, HAI
RACHLIN & COHEN
CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS
A PARTNERSHIP of PROFMIONAL AAsoaAnom
1320 SOUTH DIXIE HIGHWAY
PENTHOUSE
CORAL GABLES, FLORIDA 33146-2964
TELEPHONES: DADE (305) 667-0412
BROWARD (305) 7647717
FAX: (305) 665-7456
October 18, 1993
Ms. Marilyn P. Swichkow, CPA
Finance Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
700 SOLTHEm;T THIRD AVENUE
SUITE 400
FT. LAUDERDALE, FLORIDA 33316-1102
TELEPHONES: BROWARD (305) 7647717
DADE (30�
4
99�'
Sent via fax on October 18. 1993 Z<
RE: Your letter received via facsimile dated October 16, 1993
Dear Marilyn:
The letter of engagement that I sent to you on Thursday, October 14th via facsimile
was a draft engagement letter and as such it is customary for the client to then
provide their comments back and discuss the proposed fee. The fee quoted was not
dissimiliar from fees for similiar type projects that our firm has been engaged
for in the past. You indicated in our telephone conversation that you would telephone
me with the fee estimates that Bond Counsel, etc. had provided you with for this
type of work. Instead I received the above mentioned letter terminating our
participation in the GDU acquisition.
I remain ready, willing and able to participate in the acquisition work and as
discussed this morning am willing to reduce the fee. I would have quoted you a
new fee at the time of our conversation, but I received the impression that you
wished to consult your notes first and provide me an acceptable range. I am hereby
offering a fee of $35,000 in lieu of the previously quoted fee. I would appreciate
your consideration of this fee which is submitted with the best Of intentions.
I await your response.
y
c"'1-y'
Lisa . Layne, C A, A.
cc: Kathryn M. O'Halloran, Acting City Manager
Richard B. Votapka, Utilities Director
Charles I. Nash, Esq.
Lonnie R. Powell, Mayor
MEMBER OF SUMMIT INTERNATIONAL ASSOCIATE$ INC. WITH OFFICES IN PRINCIPAL CITIES THROUCHOUT THE WORLD.
1! E M0111A 11D JP!
DATE: October 20, 1993
TO: Sebastian Lakes File
FROM: Richard Votapka, Utilities Director ko"I
SUBJECT: Proposed 45,000 sf Shopping Center East of Sebastian
Lakes Condominiums - Developer, Mario Mozzillo
I spoke with Buddy Betschart, GDU Utilities Director, in regard to
impact fees for a 45,000 square foot retail shopping center. I
told him that based on 0.1 gals/sf, there would be 4500 gallons per
day estimated water demand. He gave me the dollar amount of $2.40
per gallon for the Service Availability charges.
If 5/8"x 3/4" meters are installed for each individual retail
store, the charge is $100.00 per meter. If a 2" meter is installed
for a major anchor store, the charge is $350.00 for the meter.
If the shopping center fronts a road, such as Laconia, and an
existing water main is within the right-of-way frontage, there is
an $11.73 per linear foot charge per length of actual pipe. There
is approximately 500 feet of water main along Laconia. All water
mains within the development will be installed at the developer's
expense.
In summary, the current costs for supplying water will be as
follows for this proposed shopping center.
Service Availability
Charge (Impact Fees) 4500 gals/day x $2.40/gallon = $10,800
Line Capacity Charge $11.73/lf x 500/if $5,865
(not including meters) TOTAL $16,665
These costs will be subject to change upon the City's takeover of
the GDU system since a new rate study will determine new impact
fees, which most likely will be different from GDU's current impact
fees or service availability charges.
CITY OF SEBASTIAN
UTILITIES DEPARTMENT
DATE: October 18, 1993 TIME: 11:20 a.m.
[x] CONFERENCE WITH
[x] TELEPHONE CONFERENCE WITH Mario Mozzillo from Connecticut
SUBJECT: Shopping Center at Sebastian Lakes
RESUME OF CONVERSATION: Mario called me in regard to the City
providing utilities to a 40,000 to 50,000 square foot shopping
center on the east side of Sebastian Lakes. He wanted to know if
the Sebastian Lakes Association would provide him sewage treatment.
I told him that the Association wants to abandon the plant and
connect to the Indian River County force main which is within the
County Road 512 right-of-way. The City was not interested in
taking over the Sebastian Lakes wastewater treatment plant. (See
May 17, 1993 Hartman & Associates, Inc. Evaluation of the Sebastian
Lakes Water and Wastewater Facilities).
Mario wanted to know the dollar amount of the impact fees
associated with sewer service. I told him that sewage would be
figured on the basis of 0.1 (1/10th) of a gallon per square foot x
45,000 SF = 4,500 gallons/day + 250 gals/ERU = 18 ERU's x
$2,551.00/ERU = $45,918.00.
Mario asked if the City serves the Sebastian Lakes development with
water. I told him that GDU provides Sebastian Lakes with water.
He then asked me if I could get information on the impact fees. He
said to leave the information with Nancy if I would be out of the
office. Mario declined to leave his phone number. He said that he
would call me.
ORIGINATED BY: Richard B. Votapka, Utilities Director
COPY TO: Kay O'Halloran, Acting City Manager
Marilyn Swichkow, Finance Director
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UNIVERSAL
.L+I1.i.6 fN.CIf
1 OF 1
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
,K2M
*
Imo?
AI11)TjV
DATE: October 28,
1993
TO: Robert Ori, Manager of Rates and Finance, Hartman &
Associates, Inc. (HAI) //1 /
FROM: Richard Votapka, Utilities Director x V
SUBJECT: Proposed Rate Study and Resolution for GDU - Sebastian
Highlands Water and Sewer Acquisition
The following is a schedule of events in regard to the above rate
study and resolution as determined at the October 27, 1993 meeting
of the bond working team:
1) Friday, October 29
2) Wednesday, November 3
3) Friday, November 5
4) Monday, November 8
5) Wednesday, November 10
6) Wednesday, November 17
Preliminary Revenue Requirements for Rate
Study to be completed by Robb Ori of HAI
and faxed to the City
Draft copy of the Rate Study to be hand
delivered to the City by HAI
8:30 A.M. conference call to discuss the
Rate Study
Title for the advertisement of the Rate
Resolution (R-93-59) to be furnished to the
City Clerk for the November 17th City
Council Meeting (Charles Nash to write Rate
Resolution Title)
Final rate study to be delivered to City
Hall for distribution to City Council
members for their November 17 meeting
Public Hearing and final action by the
Sebastian City Council on the Rate
Resolution R-93-59
CC: Kay O'Halloran, ACM
Marilyn Swichkow, Finance Director
Charles I. Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
M MJRAAD Jit
DATE: November 1, 1993
TO: Kay O'Halloran, Acting City Manager
FROM: Richard Votapka, Utilities Director �V-a
SUBJECT: Installation of Utility Crossings in County Road 512
Right -Of -Way
On October 28, 1993, at 1:30 p.m., Dan Eckis, City Engineer; Jerry
Thomas, Assistant Public Works Director; and I met with Jim Davis,
County Public Works Director; Roger Cain, County Engineer; and
Wayne Westerman of L. Robert Kimball and Associates, consultant to
Indian River County on the County Road 512 Project. After much
discussion, the following was decided:
1. In lieu of steel casings, mechanical joint ductile iron pipe
with restrained joints will be installed.
2. The City of Sebastian Public Works Department will first
install pipe under the north half of the road, plug both ends,
and pressure test the pipe at 150 psi. The City will not
install pipe in locations where the County's contractor would
have to excavate under the pipe at a later date thereby
incurring additional construction costs.
3. After the County contractor completes the north side of CR 512
and before the contractor starts work on the south side, the
City Public Works Department will install the pipe to the
south and pressure test both north and south sections after
they are joined together.
4. L. Robert Kimball and Associates will do the engineering and
drafting on a time and materials basis at a cost not to exceed
$1,750.00. Rich Votapka is to prepare the purchase order.
Wayne Westerman will show the pipes installed on the drawings
to be per the "City of Sebastian".
Page 2 of 2
November 1, 1993 Memo to Kay O'Halloran
5. Once the drawings are completed, Wayne Westerman will notify
Dan Eckis, so both of them can meet to review the drawings.
6. Rich Votapka will call the Cast Iron Pipe Research Association
for a determination as to whether or not the soil in the CR
512 right-of-way is acidic enough to warrant the ductile iron
pipe to be wrapped in an 8 mil thick polyethylene encasement.
7. Rich Votapka is to call Hillman Goff, Vero Beach Utilities
Director, or Harry Asher, Assistant Indian River County
Utilities Director, to see if they have 12" and/or 16"
mechanical joint ductile iron water pipe left over from a
previous job.
B. Rich Votapka is to talk to Hal Schmidt of Hartman &
Associates, Inc., consultant to the City, to see if the
crossing at the CR 512 and Roseland Road intersection can be
eliminated to avoid both a City and County parallel mains at
this location.
9. Rich Votapka is to check with City Finance Director, Marilyn
Swichkow, to see if the money to fund the utility crossings
can come from the Bond funds.
10. City Engineer, Dan Eckis is to apply for the right-of-way
permit from Indian River County for installation of this pipe.
11. According to Wayne Westerman, a pre -construction conference
will be held sometime in February of 1994.
12. For comparison to pipe installation costs, Jim Davis gave Rich
Votapka actual bid prices on installation of steel pipe
casings as follows:
a. 16" steel casing $24.00/foot
b. 20" steel casing $26.00/foot
C. 30" steel casing $76.00/foot
CC: Dan Eckis, City of Sebastian Public Works Director
Jerry Thomas, City of Sebastian Asst. Public Works Director
Jim Davis, Indian River County Public Works Director
Roger Cain, Indian River County Engineer
Wayne Westerman, L. Robert Kimball & Associates
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
November 1, 1993
Mrs. Lori Kowalski, Accounting/Clerical Supervisor
Indian River County Utilities Dept.
PO Box 1750
1840 25th Street
Vero Beach, £L 32960
RE: Termination of ERU's Purchased by the City of Sebastian
from Indian River County Under the North County
Wastewater Assessment Program
Dear Lori:
The City of Sebastian wishes to terminate six (6) existing
wastewater capacity accounts which were originally established
under the voluntary North County Wastewater Assessment Program in
1987. The accounts to be terminated represent a total of 15 ERU's
and are listed below:
Please terminate these accounts as soon as possible and
provide me with written verification as to the date of termination
so they can be removed from the City's billing register.
Sincerely,
/ �xlk�,4
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
CC: Kay O'Halloran, Interim City Manager/City Clerk
Marilyn Swichkow, Finance Director
Location
Sebastian
Utility Acct No.
IRC Utility
Account No.
Number
of ERUs
1.
Community
Center
1880
90740
1
2.
Yacht Club
1900
90780
1
3.
Teen Center
1940
90820
6
4.
Riverview Park
1960
90850
1
5.
City Hall
2590
95560
3
6.
Public Works
Garage
3070
107670
3
Please terminate these accounts as soon as possible and
provide me with written verification as to the date of termination
so they can be removed from the City's billing register.
Sincerely,
/ �xlk�,4
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
CC: Kay O'Halloran, Interim City Manager/City Clerk
Marilyn Swichkow, Finance Director
MEMORANDUM
DATE: November 2, 1993
TO: Kay O'Halloran, Acting City Manager/City Clerk
FROM: Richard Votapka, Utilities Director /ce V
SUBJECT: Water Treatment Plant Operator for the GDU Water
Treatment Plant on Filbert Street, Sebastian, Florida
Unfortunately, the three GDU - Sebastian Highlands Division
employees to whom the City has extended offers of employment do not
have water treatment plant operator licenses. Two of them have
their Class "C" wastewater treatment plant operator licenses. Once
employee, Tom Stirtzinger, will be taking the water treatment plant
operator license test on November 8.
I contacted Ronald in the Bureau of Testing at the Florida
Department of Professional Regulation (904-487-9771) to learn when
the test results will be made public. He informed me that he will
release the test results by mail on December 9, 1993. I explained
my dilemma to him concerning the GDU water treatment plant takeover
on December 17, 1993 and not knowing whether or not Tom will have
his license by then. Information concerning whether or not an
applicant has passed or failed the exam will not be given to anyone
who calls the DPR regardless of circumstances.
As a matter of assurance to guarantee a certified "C" licensed
operator at the water treatment plant, I have contacted Bio
Services of Vero Beach, Inc. and met with Jane Burton today. She
proposes to charge the City bn a time and material basis at a rate
of $20.00 per hour.
I have scheduled a meeting with her and the GDU employees on
November 9, 1993 to review the plant operation. This meeting will
hopefully resolve how many hours per week will be necessary for her
or her operator's services.
Remo\lis
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
November 3, 1993
Charles I. Nash, Esquire
Frese, Nash & Torpy, P.A.
930 S Harbor City Blvd.
Melbourne, FL 32901
RE: July 11, 1989 Interlocal Agreement Between Nelson Hyatt
and Indian River County, Florida in Reference to Park
Place Utilities Systems (f/k/a The Village of Lake
Dolores)
Dear Charlie:
A situation has arisen in Park Place in regard to the above
"Agreement" which requires me to seek your legal opinion with
respect to the payment of impact fees. A copy of the "Agreement"
is attached. I direct your specific attention to Paragraph 6,
"Impact Fees", on the last page.
With reference to Paragraph 6, a homeowner in Park Place who
purchased her residence prior to July il, 1989, the date the
"Agreement" was executed, wishes to sell her home. Both Nelson
Hyatt, owner of Park Place, and Harry Asher, Indian River County
Assistant Utilities Director, maintain that the homeowner must pay
water and sewer impact fees since the home will be resold.
The second sentence in Paragraph 6 states "Units which have
had a Certificate of Occupancy issued to them before five years
from the date of this agreement must have an impact fee paid when
that unit is resold without regard to the five year Seller's grace
period." Harry Asher maintains that no one in Park Place is
grandfathered in prior to the July 11, 1989 "Agreement", that
impact fees must be paid for all homes being resold even if a
Certificate of Occupancy was issued prior to the July 11, 1989
execution date of the "Agreement".
My questions to you are as follows:
1. Since the "Agreement" is between the Seller (Nelson Hyatt) and
Indian River County, can Nelson Hyatt or the County require
the homeowners who were not part of the Agreement to pay the
impact fees if their Certificates of Occupancy were issued
prior to July 11, 1989?
Page 2 of 2
November 3, 1993 Letter to Charles Nash, Esquire
2. If Nelson Hyatt is requiring the homeowner whose Certificate
of Occupancy was issued prior to July 11, 1989 to pay the
impact fees upon resale of the home, wouldn't the homeowner
have to have been informed of such condition through a written
prospectus, which should have been approved by the Florida
Land Sales Board?
3. Does Indian River County have the authority to retroactively
require existing homeowners to pay impact fees for water and
sewer on a mandatory basis upon takeover of a system?
Please respond to the above questions as soon as possible
because there are several people, including myself, who desire to
have this issue resolved.
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
Enclosure
S. WARRANTY OF TITLE: HOLD HARMLESS: SELLER
shall warrant title to all the real and personal property In
SYSTEM and shall hold the COUNTY harmless from any and all
claims for damages from third parties, and In particular for
any claims from LAKE DELORES UTILITIES AND CABLE TELEVISION
SYSTEMS, INC.
6. IMPACT FEES: After five years from the date
of this agreement SELLER shall be obligated to pay Impact
fees to the COUNTY, at the rate then current, for each unit
which thereafter requires a Certificate of Occupancy. Units
which have had a Certificate of Occupancy Issued to them
before five years from the date of this agreement must have
an Impact fee paid when that unit Is resold, without regard
to the five-year SELLER's grace period. At closings on such
sales, SELLER or successor In title shall collect the impacti
fee and remit It to COUNTY.
7. SURCHARGE ON RATES: COUNTY shall establish a
surcharge on water and wastewater rates for customers In the
service area as shown on Exhibit "D." The surcharge shall
be collected by the COUNTY for ten years only or until
$777,000.00 has been paid, whichever comes first, and funds
so collected shall be remitted quarterly to SELLER. SELLER
agrees that the funds so remitted shall be full satisfaction
for SELLER's right to be reimbursed for Its equity In the
SYSTEM. The COUNTY surcharge shall be $10 per ERU
(equivalent residential unit).
8. CLOSING DATE: The closing shall take place on
or before August 1, 1989.
IN WITNESS WHEREOF, the parties hereto have set
their hands and seals on the date first set forth above.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest
B y �_
Gary �r
.
Chai man
A artan�jhe-8oatd.
te /
(SEAL)
e.
:" / C S -3p- f
L #10L99699L041 r-LL4lS9Lg0E 7 E4:4L ! 96-4 -ll: Y'd T 18 H 7'H'1'0:A9 AAS
FICaY SS4AS- tA-0 II
GBEfNBEflG
��
A T T O a n R T a A T L A W
' 1NflUflIG
Transmittal Cover Sheet
TO
Mi. Richard Votapka
Utiilities Director
Company
Cily of Sebastian
Fax Number
407-589-5570
Phone Number
4(T7-589-5330
FROM
$ bara A. Hall, Esq,
File Number
15-130.0101
Comments
Date
No�ember 4, 1993
No. Pages
Including this cover sheet 4
Plea�Se notify us immediate) if r
Y not received properly at 305-765.0500
or 3)5-768-8236.
The In ormation contained In this transmission Is attorney privileged and confidential. It is Intended only for the use
of the Individual or entity named above. If the reader of this message is not the intended
recipient, you are hereby
notlflG' I that any dissemination, distribution or copy of this communication Is singly prohibited. Ifyou have recelved
this communication In error, please notify us Immedletely
by telephone collect and return the original message to us
at the address below via the U.S. Postel Service, We will reimburse you for your postage. Thank you.
513 Eqpt Las Olas Boulevmd. SuHe 15= R Lauderdale, Pbdda 93901 305-7650500 Fact 805765`1477
L #10L99699L041 r-LL4lS9Lg0E 7 E4:4L ! 96-4 -ll: Y'd T 18 H 7'H'1'0:A9 AAS
Losard J. Adler
Fernando C. At...
Cesar L. Alvarer
Linde C. Andre,m
LBiona Arms.
Daniel H. Aronson
David C. Arab.
Charles M. Aurlander
De.id T Aarin
Fred W. Baggett
Earri L. Berth
Hflerie Base
V Devm Beighey
Norman J. Benford
Lisa J. Berger
Dale S. Bergman
Bridget Berry
Mark R Bid...
La .... Jon BieWy
Mark a Bloom
Raginald L. Bouthlllien Jr.
Reward Bregman
Blake A Bringgold
Franms B. Brogan, Jn
Burt Brown
F%.oes M. C.ey
David R. Chaae
Michael J• Cher�dgo
Azy Cbmeke 1
Sue M. Cobb
L. Fronk Cordo
C. Deryl Couch
Alban A. del o
Alm T. Dimond
T4ini L. Donato
Lucia A. Dough cry
Card. R. D
William B. Z.k
Kenneth Ed.lme
Charles W. Edgar, Dl
Arthur J. Englenp, Jr.
Gary M. Epstein
Henry H. (Bucky I Fos
Jef cry R. Fried
Robin F. Frydma
Robert C. Gang
Terealt. Ganda
Wendy Garcia
Richard G Guys t
Brim K Can
Jeffm Gilbert .
Laurie L. GLLdu
Bruce H. Cil,,lo
Richard J. Gi.w I
Barbara A Hall
305-768-8236
VIA FACSIMILE
Mr. Richard Vota
Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida
Dear Mr. Votapka:
GBEIMH
A T T O R N E Y S A T L A W
IflNUHIG
Lawrence Godefaky
Alan 5, fold
Joel K. Goldman
St . E. Goldman
Steven M. Goldsmith
Joseph G Goldstein
Steen S. Goodman
Matthew B, Goteon
Dime. Gre.rrberg
Malvin N. Greenberg
Salve P. GreanblaR
Robert L. Groeamm
Barbara A. H.B
Paige A. Harper
Fred F Harris, Jr-
Albene M- Hernaod.
C. Harnandee.Lonswio
Jeffrey A. H1..h
Kenneth C. Hoff sa
Larry J. Hoffman
Kennnh A. Horky
Gerald J. Houllh.
Kehh A. Jam.
Martin Kalb
Do.id S. Kanin
Smven J. F(rovitr
Ronald C. L.Fme
Steno A. Lend,
Srewn B. Lpldu.
Nancy B. Leah
Wesley A. Luor
Mash. M. LehcA Id
Ism. P. 5. Lshow
Man: S. Lawn
Oscar L.dn
Norm. H. Lipoff
Corloe E. Lcumlet
Just R Loumfm
Bruce E. Mardonough
Robert P. Marino
Alfrad J. M.lefmto
In.. Marmw-P i.gu.
Emique J. Martin
Pedro J. M.rdne.•Fraga
Joel D. Maser
Ju. J. Mayol, Jr.
Robin R. M.Donald
John T. MeuRee
Janet L. O'Brien
Maury R. 011cker
Rebecca R. Oland
Sheri L. Orlowltr
Debbie M. Owhd.ky
A. Fritmer Pardo
Stevan J. Pardo
Roe. P.rish•Ramoo
Marshall R. Pasterruck
Byron G Petra.
Roberw R. Pupo
Albert D. Quarrel
C. By. Rasta
Mark J. Reisman
Lode Brit.
Barry Scott Richard
A. Jeffry Robinson
Kenneth & Robt.son
Raquel A. Rodrigo.
Alan H. Rolnick
Marvin S. Ro...
Richard A. Rosenbaum
Ronald M. Roseng.rten
Dald L. Ra..
Gary A. Saul
Elliot H. S.herker
Mark P. Schmpp
Clifford A. Sehulmen
Paul E. Shapiro
Randy J. She.
Paul A. Sh.lowim
Ennquc Slava
Marlen. K. Sgsermm
November 4, 1993
Srusn H. Sln,.r
Holly R. Skolnick
Laura P. Swphe.uon
Joel L. Stocker
Doue. R. Thorebwg
Robert H. Twang
Brim L Walsh
Keith Wass rn
Jeffrey Welthorn
David E. Wella
Bradford D. Weer
Reword W Whitaker
Jerrold A. Wish
Timothy D, Wolfe
Linda G. Watton
T. Wayne Davi., of Cou..l
Arnold I• Hedimm, of Counsel
Patrick T. O'Brien, of Counsel
B. rL 1149mv. of Cnimsel
Allan Selorin, of Counsel
Brian b Sherr, of Counsel
Craig E. Sorin, of Counsel
Mare M. Wahoo, of Corneal
Zs.hary H. WoM Retired
In regard to the attached letter from Harry Asher, would you please advise the
County that the build -out of Sebastian Lakes will require between 350 and 400 ERUs and
that the Owner needs authorization from the County to connect the entire project to the
County force main. This issue is very important to us because we are proposing to construct
a lift station and sewer line to connect Sebastian Lakes to the County force main. Those
facilities will be sized to accommodate the entire project.
aNWLut4Hn qrl/../w
GREENBERG, TIIAURIG. HOFFMAN, LIPOFF. ROSEN & QUENTRL, P. A.
515 EAST LAS OLAS BOULEVARD FORT LAUDERDALE, FLORIDA 83301 305.765-0500 FAX 305-76 S-1477
MIAMI FORT LAUDERDALE WEST PALM BEACH JACKSONVILLE TALLAHASSEE
3 #:OL55699LOVL «LLVLSMOE e4:vt : E6-4 —ll: Y'd T 9 ? I Y'I'0:J.9 A3S
i
Mr. Richard Votapka
November 4, 1993
Page 2
We understand that such authorization does not guarantee capacity in the County
system until the County sewer impact fees are paid.
BAH:amc
Attachment
cc: Ms. Cheryl Freindlich
�Uwuupgc>.qu/a/n
Very truly yours,
41(41�
Barbara A. Hall
GREENBERG TRAURIC
E #:OLSS6ASL04l LL4lS9LS0E : 44:41 : E6-4 —ll: 'V 'd 'B 19 a'l'H'i19:A9 AN S
Telephone!(a07)86?-a000 I
November 9,
Barbara A. Hall
Greenberg.Trauri
515 Bast Las Olae
Port Lauderdale,)
SUBJECT: SEBA
Dear Barbara:
Since we have pla
to contact you.
This is to respond
Sebastian Lakes L
We will need a
number of units
will proceed prc
BOARD OF COUNTY COMMISSIONERS
1840 YSIh S:reet, Vitro Peach, Florida 32.960
99301
LAKES
telephone tag for two days, I chose to send a fax as the best way
your letter to Mr. Pinto concerning wastewater service to the entire
from you through the City of Sebastian requesting the estimated
red for the entire development Upon receipt of your request, we
r to obtain the authorization.
We do not foresee any problems.
Sincerely,
Harry R Asher
Assistant Director. of Utility Services
1'i`
(HALL.1-111A)sb
4 #(OL998E5LOb1 �LLVMLS0E ( 4b:1L ' ES—V —ll: 'V 'd T'8 8'1'H'iT:A9 10S
6NE[W 6
. y T 0 a a l e a r u e w
IflflUflIG
Transmittal Cover Sheet
TO Mr, Bruce Cooper
Mr. Richard Votapka
Company City of Sebastian
Fax Number 407-589-5570
Phone Number 407-589-5330
FROM Barbara A Hall, Esq.
File Number 15330.0101
Comments
Date November 4, 1993
No. Pages Including this cover sheet 2
Please notify us immediately if not received properly at 305-765-0500
or 305-768-8236.
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515 Ems rias Oras aolrlevard, Bulb moo, R LaWerdsls, Florida 89901 306705-0500 Fax 305-M-14"
L #:OLS569SLOVL �LLVL59L90E : Sd:VL : E6 -V -LL: 'V 'd T 2 8'1'H'1'El:AB 1N39
Lonmtd J. Adler
Micha l J. Cherdp
Fernando C, Ala»o
Ary Chouske
Coaar L. Al.
Sue M. Cobb
Linda C. Andrew
L. Fr.dr Carden
LiUaaa Armee
C. Daryl Co..h
Daniel H. Annan
Alban A. del C"d1lo
David C. Ashbu"
Al.. T. Dimond
Ch.to, M. Aaslmder
Trim L. Dona.
David T. A.rin
Lula A. Doughen,
Fred W. B.aaeu
Candae. A Duff
Kerd L. Harrh
WMAZZ & EA
HiLxie Beee
K ..eeh Edelman
V. Dew, Bcighay
chart. W. Edgar. HI
Norman I. Bevfard
Arthur I. Rmabnd. In
Lima J. Berger
Guy M. Epmwin
Dale & Berawn
Henry H. (Bucky) F.
Bridge Barry
Jelbey R. Fried
Mark F. Bideau
Rabin F. Prydman
Lorene Jon Bialby
Robert G Gang
Mark D. Bloom
Tared. Garda
Reginald L. Bouthfllfar. it
Wmady Cavia
Howrd Brag...
Richard G. Gaaett
Blake A Brmggold
Brims K. Cart
Piano(, B. Brogan, Jr.
Jefrer Gilbert
Burt Bmu .
Lurie L. Gildan
Frwaas M. Cama)
Bruce H. GJam.Ebin
David R. Chase
Richard J. Gluamu
Barbara A. Hall
305-768-8236
Mr. Bruce Cooper
Mr. Richard Votapka
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Bruce and Richard:
A T T O a N E Y 9 A T L A W
Law"nas Godoblry
Alan S. Cold
Joel K. Goldman
SWen E. Goldman
Smvan M. Galdamhh
Joemph G. Goldstein
Swan & Caodmae
Mauhmw B. Gomm
Diaune Gewnb.M
Melvin N. Gnenben
Sand" P. Gncublon
Rohan L. G ammman
Barber, A. Hall
Paige A. Harper
had F. Htrr* Jr.
Albano M. Ha"amda
C. Hemande►L»win
Jeffrey A. Hlrmah
Kaonoth C. Hoffman
Ley J. Hoffman
Keuah A. Hark,
ramld J. Houum
Ka" A. Jomw
Marin Kalb
David S. Kale
Sween J. Kravfw
Ronald C. LFaee
SWen A. Lardy
Staan & Lpidua
Nancy & Lash
Wadey A. Luer
Mwhe M. Lhraeld
Jamem P. & Lanhow
lel c & L..io
Onar Lwin
Norman H. Lipof
Cann E. Lumiai
Juan P. Lumia
Bruce E. M.cd000ugh
Robert P. Mein
Alfred J. Malafwu
Ines Marmn-Priaguu
Enrique J. M.ru.
Padre J. Merdnaa-Frap
Joel A Maser
Juno J. Mprol. Jr.
Roban R. McDonald
John T. Meager
Jana L. O'Brian
Maury R. Olfcker
Rebmo& R. Orsnd
Shad L. Orlo,riu
Dabbia M. OnhAky
A. FA.. par"
Seroma J. Pardo
Rosa Parbh•Ramon
Marmhall R. RL m nmek
Dylan G Ptaonan
Rob.no R. Pupa
Alb.n A Q..rmal
C. Ryan Reeve
Mark J. Rebmann
Lula Reimer
D..y S.WL Riehud
A. Jeffry Rebiuon
Kemah B. Robison
Raquel A. Rodrlgu"
Alan H. Rolnick
Marvin S. Re..
Aloha,d A. Rosenhaum
R.m.W M. R...gen"
Dm.id L. Roes
Gmry A. Saul
Ellin H. 9cherkor
Mark P. Sahoapp
C4Hord A. So6.1man
Paul E. Shapiro
Randy J. Shaw
Paul A. Sheowfu
Endq» SU"
Marlore K. Say.rman
November 4, 1993
Stuan H. Sinaer
Holly R. Skolniak
Lu" P. 9bpheemon
Joel L. Smucker
Douglas R. Thornburg
Roben H. Trmudg
Brim J. Wath
Keith Wuaenrnm
J.frey Womwen
D" 6', Wella
Bradford D, Wea
Reward W. Whimlur
Jarmld A. WW.
Timoth, DL Wolfe
Linda M Wormn
T Wayne Dans, of C.,Lmael
Arnold I. Holh mm, of Coorwe]
Patrick T. O'Brien, of conned
B. K. Reborn, of Comta.l
Allan Solmin. of Com»al
Brian J. Sherr of Coad
Craig E. Sean, of Counsel
Moe M. Woman, of Couomel
Zachary H. Wolf. Retired
I wanted to be sure that you are both aware of our position regarding the Developers
Agreement and Utility Agreement for Sebastian Lakes. It is imperative that both issues be
resolved at the meeting on November 17, 1993. I am available to attend any meetings you
believe necessary to ensure a resolution of any remaining utility issues between now and the
meeting on November 17th.
• mm
cc: Ms. Cheryl Freindlich
Best regards,
Mr. Andrew Odd
rnexmlu.wor. itt.rw.o CREENBERC, TRAURIG. HOTFMAN. LIPOFr, ROSEN & QUENTEL, P.A.
515 EA9TLA9 OLA9 BOULEVARD FORT LAUDERDALE, FLORIDA33301 305.765.0500 FAx305-765.1677
M1AW FORTLAUDERDALE WESTPALIf BEACH JACKSONVILLE TALL
AMA351Z
Z VOLSS66SLO4l SZ:4l ! e6-4 —ll: 'V 'd T I a'I'H'iT:J 9 1N3S
FRESE, NASI -I & ToRYy, P.A.
ATTORNEYS AT LAW
GA y B. FRESE 1
CHARLES IAN NA H
V WCENT G. TORFY. Jm :B.Im
E. TbR
GRP°,�m
J. A�>N
I uU L. ANDERRONCHARLEe
CNOV
A. BcHR. omS=FHEN
P. H&U6'1'ONWILLNM
tI GwHM
of COONeEI•Cme
BATES Fo=ROF
COD EL
November 4, 1993
Ms. Marcia H. Langley, Attorney at Law
Atlantic Gulf Communities Corp.
2601 South Bayshore Drive
Miami, FL 33133-3461
930 S. HARBOR Cr BLVD.
Su= 505
MELBOVRIJE. FLORIDA 32901
(407) 984-3300
FAX (407) 951-3741
:'BOARD CE zD w TA "oN
• BOARD CER r=D IN TRua &
Ee At WD
kBoA CE ED w Cry TR T. w
Re: City of Sebastian/GDU
Water and Sewer System Purchase and Sale Agreement
Dear Marcia:
Things are proceeding along nicely with the above -referenced
contract at this end. However, discussions with bond counsel has
suggested that our most likely closing date will be December 14 at
Sebastian City Hall. That closing would have to be in escrow for
two days to allow for final approval and issuance of the bonds.
Transfer of funds and recording of documents would occur on
December 16.
Because of the nature of bond issuance, the City would
continue to reserve the right to reschedule the closing until
December 29 in accordance with Section 17 of the above -referenced
Agreement. But it is currently anticipated that the funds from the
sale of bonds will be received by. the City by the 16th of December.
I would appreciate your reviewing this letter with Charles
Fancher and having him indicate his consent hereto by executing a
copy of this letter and returning it to me at your earliest
convenience. Should you have questions, please do not hesitate to
contact me.
Sincerely,
Gar B. IF/e�
GBF/lkw
cc: Ms. Kathryn M. O'Halloran
it -N
R001
n IN9
VIA TELECOPIER AND U.S. MAIL C1 QFF �� S
589-5570 -A
M E M O R A N D U M
TO: Kathryn M. O'Halloran, Interim City Manager
FROM: Charles Ian Nash, City Attorney
RE: Acquisition of Sebastian Highlands Water and Wastewater
System from General Development Utilities
File No. 92-8921
DATE: November 8, 1993
This letter will confirm our telephone discussion wherein I advised
you that I had reviewed Section 286.23 of Florida Statutes in
relation to the fact that real estate is among the assets being
acquired by the City of Sebastian from General Development
Utilities, Inc.
My reading of the applicable statute indicates to me that the
statute was designed to require that the true beneficial owners of
real property being sold to a municipality, where bare legal title
was being held by a 11strawman,11 is to be disclosed to the
municipality a certain number of days prior to the closing.
Insofar as the legal title to the real property is an asset of, and
belongs to, General Development Utilities, Inc., as has been
clearly indicated on the financial statements (balance sheets)
received by the City of Sebastian from General Development
Utilities, Inc., and due to the fact that the City of Sebastian is
aware that the sole shareholder of General Development Utilities,
Inc. is Atlantic Gulf Communities Corporation, formerly known as
General Development Corporation, I am of the opinion that Section
286.23, Florida Statutes, is not applicable in the circumstances
involving the acquisition of the Sebastian Highlands Water and
Wastewater System by the City of Sebastian.
If you would prefer to be overly
matter and desire for me send a
disclosure be made, I would be
office attempts to save the fund
not clearly required.
Sn/ic�kow
conservative with respect to this
letter to GDU requesting that the
happy to do so. As always, our
s of the City when legal action is
MEMO RAND 'UM
DATE: November 10, 1993
TO: Sebastian Lakes File
FROM: Richard Votapka, Utilities Director
SUBJECT: Utilities Agreement for Sebastian Lakes Condominium
Development Water and Sewer System
During tonight's City Council meeting under the Agenda item,
Resolution No. R-93-62 - Sebastian Lakes Development Agreement,
Charlie Nash brought up the fact that Sebastian Lakes will proceed
with the hearings as scheduled in regard to the Developer's
Agreement. However, the Sebastian Lakes representatives would like
to extend the signing of the agreement for at least 30 days for the
conclusion of the utility agreement. Charlie said that he just
received the utility agreement yesterday. He and the Utilities
Director want time to review the utilities agreement to fine tune
it before approving the agreement. No public hearing is required
for taking over the utilities according to Charlie.
DATE: November 18, 1993
TO: Sebastian Lakes File /I
FROM: Richard Votapka, Utilities Director 2B✓
SUBJECT: City of Sebastian Provisions to Treat Wastewater From the
Sebastian Lakes Development
In meeting with Barbara Hall, Attorney of Greenberg & Traurig last
night, she asked me where the nearest GDU owned sewer system is in
relation to the Sebastian Lakes property. I showed her the map of
GDU's system. The nearest sewer is on Caprona Street, south of
Englar. Doing some quick figuring, I mentally calculated an
estimate of $120,000 to run a force main from Sebastian Lakes to
Caprona Street. Barbara said that this would be less than the
impact fees her client would pay to Indian River County for 70
ERU's (70 ERU's x $2,551.00 per ERU = $178,570). After December
17, when the City acquires GDU, the City's sewer rates will be
cheaper than the County's. Barbara said that if her client would
receive impact fee credits for paying the cost of installing the
force main to Caprona Street, she would prefer to go that route.
I also proposed looking at moving the existing 60,000 gallon per
day concrete module wastewater plant at Sebastian Lakes to the west
side of the airport, run a force main up Roseland Road, and use the
relocated plant to provide reuse water to the Sebastian Airport.
Therefore, our alternatives to connecting to Indian River County's
system are:
Alternate "A"
1. Install a force main from Sebastian Lakes to the lift station
at Caprona, south of Englar.
2. Check to see if there is enough capacity at the existing plant
to accommodate 70 units of Sebastian Lakes and 203 units of
Park Place and Palm Lake Club.
3. Prepare a cost estimate
4. Possibly the force main should be oversized and installed
directly to the wastewater treatment plant. O.versizing will
accommodate increased capacity for additional connections in
the Sebastian Highlands.
5. Prepare a "Developer's Agreement" if the cost is acceptable to
the Chase Manhattan Bank.
Page 2 of 2
November 17, 1993 memo to Sebastian Lakes File
Alternate "B"
1. Remove and relocate the Sebastian Lakes wastewater Treatment
Plant to the Sebastian Municipal Airport (west side).
2. Construct polishing ponds for reuse water for the golf course.
3. Run a force main up Roseland Road from Sebastian Lakes to the
wastewater treatment plant.
4. Prepare a cost estimate.
5. Prepare a "Developer's Agreement" if the cost is acceptable to
the Chase Manhattan Bank.
City of Sebastian
1225 MAIN STREET E3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 C3 FAX (407) 589-5570
FAX 3'RMS2I=AL SZU=
FAX 4 'Ao 1 - ` S71 -
DELIVER TO: 6 NR.-( Fnr-,� or= lo(zPY, PA
FROM:
DATE: 1 I - 1 (i - / �J TIME SENT:
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET) El
RE: Docut^e-� n�cT UDV ic; Inti CITY
t N TN e 4, S Aue A 6 U-bHe .TT
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (407) 589-5330
General Development Utilities. Inc.
AN ATLANTIC GULF COMMUNITY CORPORATION SUBSIDIARY
2601 SOUTH BAYSHORE DRIVE
MIAMI, FL 33133-5461
VIA FEDERAL EXPRESS
Mr. Richard B. Votapka, Utilities Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: SEBASTIAN DATA REQUEST
Dear Mr. Votapka:
A917V
(305)859-4331
November 3, 1993
Pursuant to the Purchase and Safe Agreement we are enclosing the following exhibits:
Exhibit 3. 1 - Real Property
Exhibit 3.4 - Easements
Exhibit 3.6 - Business Records
Exhibit 3.7 - Permits and Approvals
Exhibit 3. 11 - Contracts & Agreements
Exhibits 3.3 and 3.13 will be forwarded shortly. In addition we have summarized your
Data Request and have cross-referenced it to these exhibits. Data to be provided at
a later date has been highlighted (") on this summary.
If you have any questions regarding the attached, please do not hesitate to call me at
(305) 859-4448.
Very truly yours,
C4��
Leighton 1. Hew
Director of Engineering
LIH/cc
cc: B. Betschart
C. Fancher, Jr.
J. Goldman, Esq.
M. Langley, Esq.
General Development Utilities, Inc.
AN ATLANTIC GULF COMMUNITY CORPORATION SUBSIDIARY
2601 SOUTH BAYSHORE DRIVE
MIAMI, FL 33133-5461
VIA FEDERAL EXPRESS
Mr. Richard B. Votapka, Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE; SALE OF SEBASTIAN UTILITY FACILITIES
Dear Mr. Votapka:
A617LI
(305)859-4331
November 8, 1993
Enclosed please find the remaining exhibits associated with the Purchase and Sale
Agreement:
Exhibit 3-3
Machinery and Equipment
Exhibit 3-13A
Inventory - (Spare Parts, Tools)
Exhibit 3.138
Inventory - (Pursuant to Paragraph 11. 1(7))
Also enclosed are additional business forms and an update of Exhibit 3. 11 to include:
1) Commercial Agreement Information and 2) Customer's Deposit Receipt & Service
Agreement and Application for New Residential Service.
If you have any questions, please call me at (305) 859-4448.
Very truly yours,
G��2cv
Leighton I. Hew
Director of Engineering
LIH/cc
cc: B. Betschart
C. Fancher
J. Goldman, Esq.
M. Langley, Esq.
EXHIBIT 3.1
Real Property - Sebastian Highlands
Property
1. Storage Tank Site
ll. Water Treatment Plant
lll. Wastewater Treatment Plant
EXHIBIT 3.4
Easements - Sebastian Highlands
Property
1. Various Lift Stations
A.
Lift Station # 1
B.
Lift Station # 2
C.
Lift Station # 3
D.
Lift Station # 4
E.
Lift Station # 4
F.
Lift Station # 5
G.
Lift Station # 6
ll. Water Line # 1 - School
Ill. Water Line # 2 - School
IV. Force Main *
V. Utility Facilities (Sebastian Genera/ Partnership)
* Proposed Easement, Owned by City
EXHIBIT 3.7
Permits & ADD/Ovals - Sebastian Highlands
Agencv Permit/Registration No.
FDEP WWTP Operation Permit # D031-233039
FDEP WTP Construction Permit Acceptance
WC31-20268, WC31-66743
FDER
FDER
SJRWMD
FDEP
FDEP
FDEP
FDEP
Issue Date
10/14/93
5/16/84
WTP Construction Permit # WC -31-66743
4/27/83
WTP Construction Permit # WC31-20268
10/30/81
Consumptive Use Permit # 2-061-0142UNR
6/9/87
Storage Tank Registration # 31/8629917
6/26/93
Storage Tank Registration # 31/8629987
6/26/93
Lead & Copper Sampling Plan PWS ID #3311136
5/10/93
Lead & Copper Sampling Plan Approval
6/23/93
EXHIBIT 3. 11
Developer Agreements
Service Contracts, Leases and Other Agreements - Sebastian Highlands
Party/Developer
Property
Date
I.
School District of Indian River County
11/1467
ll.
Reflections on the River, Inc.
12/7082
Calvary Baptist Church
6/1&W
IV.
Muller Enterprises, Inc.
River Run Condos
1215W
V.
Ms. Clare Sommers & Ms. Robert
Jones Nursery School
9114,84
VI.
Mrs. Jean M. Burdsall
Child Day Care Center
82784
Vll.
Edward V. Hulse
Office Building
101564
Vlll.
Sebastian Lakes Associates
10464
IX.
Indian River School Board
Pelican Island Elementary School
111364
X.
James M. McLain
Office Building
7/128.5
XI.
First Baptist Church Mission
611785
Xll.
Sebastian Plumbing
12985
X111.
City of Sebastian
Ballfield
1211865
XIV.
MGB Homes
Restaurant
216186
XV.
GDC, n1k1a AGCC
Warehouse
1205
XVI.
Sebastian Volunteer Fire Department Fire Station
8/1986
XVII. Fel/smere Properties, Inc.
Retail Store
2/12&5
XVIII. Cumberland Farms, Inc.
511187
XIX.
Lonnie R. & Mary B. Powell
Beauty Salon
411487
XX. Drs. Peter & Katherine Gutierrez Dental Facility
4/5/88
XXI. Roy Wissel, d/b/a Wissel Construction
211489
XXII. B. W. Simpkins Trust & F. A. Sheriff Trust Sebastian Plaza
62&89
XXIII. Donald E. Pinder Gift Shop
32899
XXIV. James R. Havens Retail Store
1/2287
XXV. Sebastian General Partnership, B.F.T.
12!17,61
XXVI. Andell, Inc. Day Care Center
9/9/92
XXVII.Barnett Bank of the Treasure Coast
11/1692
XXVIII. Trinity Lutheran Church
4/24
XXIX. Church of God, Inc.
912188
XXX. Scotad, Inc. Office Building
628
XXXI. Arnold Air Conditioning, Inc.
1/10W
XXXII. J & J Baker Enterprises, Inc. (Sludge Hauling) 82393
XXXIII.Palm Bay Lawn Service & Landscaping (Ground Maintenance) 10MM
XXXIV. Master Vendor List and Pricing Agreement with PB & S Chemical
XXXV. Commercial Agreement Information - to be Provided
To Be Updated Prior to Closing
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
MEMORANDUM
DATE: November
18,
1993
TO: The Mayor and City Council Members
O'Halloran, Interim City Manager
FROM: Richard Votapka, Utilities Director RQV/
Through Kay
SUBJECT: Environmental Audit for Two GDU Water Treatment Plant
Sites and One GDU Wastewater Treatment Plant Site as
Performed By Engineering Science, Tampa, Florida
Please find attached a copy of the Level One (1) Environmental
Audit completed in August of 1992 for the three (3) GDU utility
plant sites within the Sebastian Highlands water and sewer systems.
The audit appears in report form. It was faxed to the City by GDU
on October 20, 1993.
As Utility Director, my major concern in regard to environmental
contamination on these sites were the buried diesel fuel tanks for
the emergency electrical generators. There is an existing 6,000
gallon tank at the Filbert Street Water Plant and a 2,000 gallon
tank at the Bailey Drive Wastewater Treatment Plant. I hope to
remove these tanks and install above ground tanks in containment
structures as soon as possible, before a problem occurs due to the
age and eventual deterioration of the tank's integrity.
,'n) sera\tenYe
f '/ /
2 Z/ir,i
OCT 20 '93 07:19 GENERRL DEVELOPEMENT UTILITIES
GDU
GENERAL DEVELOPMENT UTi XfM, INC.
•.WWbO tATLANTIC GULF COMMUNITIES CORPORAT[ON
FACSE IILE TRANSMESION
FROM-
DATE:
u
T/.
TOTAL PAS TRANSMITTED INCLUDING COVER SHEET: 9
FAX NUMBER:
CONSIF.NTS: 17 E1VV11r0 A/.4t,'5 Alr4L- />.1T"
E til�(l2onJMF��fa•l- CcJD1T '
F k9 -K lS �hiGlh(t�l2lNFI'i SCIE't CES
Port P FLIT . 33 lot 8
I
P.1/9
I- n t 3 —q33 -,f(-57o
290 I WEs i BvscH BLVD. Sut i� qo5
OCT 20 '93 07:19 GENERAL DEVELOPEMENT UTILITIES
4 SECl'ION 4
11 SEBASTIAN HIGHLANDS
14 4.1 WATER TREATMENT PLANT (OLD)
P.2/9
Site Description. The site property, which contains approx. ately eight acres, is
located near the intersection of Manly Avenue and Bailey Drive im Sebastian, Indian
River County, Florida. A site location map is presented as Figure 4.1.1, and site
specific features are noted on Figure 4.1.2. The site is locad in Section 18,
Township 31 South, Range 39 East. 7
The subject property, which is no longer used as a water ;treatment facility,
contains one high -service pump room, one 10,000 gallon hydropleumatic tank, one
liquid petroleum tank, one fiberglasss chlorine building, and o' a 352,000 gallon
storage tank. The construction date of the facility is not known There were two
potable wells located on the site which ranged in depth from 50 to 620 feet in
depth. The wells were properly abandoned and grouted aler their use was
terminated.
I
Process. According to GDU personnel, extracted groundwateF was aerated and
chlorinated prior to transfer to the water distribution system. No treatment
processes are currently conducted at the facility.
Adjacent Properties. Residential properties are located eastj and south of the
site. Schumann Lake is located west of the site, and a citrus grove is located north of
the site. The use of pesticides at the adjacent grove could be a potential
environmental concern.
Regulatory Review. A review of FDEP files for the facility indicated there are
no listed generators of hazardous waste, or treatment, storage, of disposal facilities
or transporters of classified hazardous waste located in the vicixtity of the WTP.
There were no available files for review at the FDEP reg ding the WTP
operations.
The two previously utilized potable wells were abandoned lunder SJRWMD
permit numbers 3 -061 -0400 -APB and 3 -061 -0401 -APB. The well were abandoned
by Person Drilling Company, Ft. Pierce, Florida in June 1988. Th abandonment of
the wells consisted of filling with limerock fill material and grow ' g the well from
the top of the wellscreen to land surface. The wells were then cut off 12 -inches
below grade.
284/GDuaunrr/c 4-1
OCT 20 '93 07:20 GENERAL DEVELOPEMENT UTILITIES
P.3/9
Aerial Photograph Review. Aerial photographs from 1975, 181, 1984 and 1992
were available for review. In the 1975 aerial photograph, the WTP is present with a
a single well/pumphouse and a 52,000 -gallon storage tank. The fecond well/pump
house does not appear to be present. Surrounding areas appe to be similar to
current conditions. The 1981 aerial photograph reveals the secon well/pump house
has been added. The 1984 aerial photograph reveals the 352,000 Igallon storage tank
has been added and the smaller tank has been removed. The 1992 aerial photograph
reveals the WTP site as currently configured, and both wells/pump houses have
been removed. No changes from the present day configurations of the adjacent
properties were noted in the aerial photograph review.
Hazardous Materials Management. There were no hazarolous materials or
potentially hazardous materials stored at the site during the site reconnaissance.
The sprayed insulation inside the high -service pump building j may need to be
investigated further to confirm the compositions of the material.
Nonprocess Tanks. There were no nonprocess tanks observed at the facility
during the site reconnaissance.
Wastewater Disposal. According to GDU personnel, a septic tank was not
installed at this location, and a laboratory was not present at this f cility. Therefore,
it appears that wastewater was not generated at this location.
Transformers. There was one pole -mounted transformer ad acent to the site.
Transformers are known to possibly contain PCB in the dielectric fluid. Discussions
with the local power company, FPI, revealed that all PCB-contaihing transformers
have been removed from service in the Sebastian area. i
Summary of Findings. With the exception of the insulation atenal inside the
high -service pump building, no apparent on-site environmental concerns were
noted. No apparent regulatory concerns were revealed duringthe FDEP file
review. The adjacent citrus grove may represent potential pesticidimpacts.
N 4.2 WATER TREATMENT PLAN!' (NEW)
Site Description. The site property, which contains approximately nine acres, is
located at 170 Filbert Street in Sebastian, Indian River County, Florida. A vicinity
map is presented as Figure 4.2.1 and site specific features aredicated in Figure
42.2. The site is located in Section 19, Township 31 South, Range 39 East A canal
is located east of the plant The facility was reportedly built in 1982.
The subject property contains two potable production wells (one is off-site), a
500,000 gallon storage tank, storage building, a 10,000 -gallon hydropneumatic tank,
294/GDUAUDrr/C 4-2 I�
OCT 20 '93 07:20 GENERAL DEVELOPEMENT UTILITIES
P. 4/9
an aerator, a control building including an office, laboratory, 'gh-service pump
room and chlorine room, precipitator and chemical silo, an one washwater
recovery pond and two lime sludge ponds. Three employees a assigned to the
Sebastian Highlands WTP.
Process. Groundwater is withdrawn from two production well located both on
and o - ' The two potable production wells were similar in construction and were
installed in June 1981 under SJRWMD permit numbers 3-061-0136 and 3-061-0137.
Based on a Drilling and Testing Report issued by Geraghty & Miller, Inc., the wells
were constructed to a depth of approximately 95 feet below land surface with 18 -
inch diameter surface casing. The wells were each permitted wit) a capacity of 700
gallon per minute.
The pumped groundwater is aerated, softened by the lime treatment process and
filtered. The water is then treated with chlorine prior to discharge to the water
distribution system. Lime sludge generated from the treatment process is pumped
to sludge ponds located east of the treatment area.
Adjacent Properties. The properties adjacent to the site are pri#narily residential.
No environmental concerns were noted during the reconnaissance of adjacent
properties. -
Regulatory Review. A review of FDEP files for the facility in�dicated there are
no listed generators of.hazardous waste, or treatment, storage, or disposal facilities
or transporters of classified hazardous waste located in the vicinity of the W WTP.
There is one registered 6,000 -gallon diesel underground storag tank containing
emergency fuel. There is no record on -file with the Indian River County Public
Health Unit that this tank has been inspected.
The Sebastian Highlands WTP is currently operating t oder SJRWMD
consumptive use permit No. 2-061-0142UNR- According to the permit, a number of
monitoring wells are measured either weekly or monthly for drawdown evaluations.
Quarterly samples are collected from the monitoring wells for chlorides and total
dissolved solids (TDS), and monthly samples are collected from the production
wells for chlorides. Monthly reports on pumpage and water quality are submitted to
the FDEP. A review of the FDEP files identified two incidents of concern.
Previously conducted chemical analysis indicated the presence) of butyl benzyl
phthalate in monitoring wells #1 and #3, and in February and April 1990 there
were exceedances of the 3 T.O.N odor standard.
2s4/cnuwuDtr/c 4-3
OCT 20 '93 07:21 GENERAL DEVELOPEMENT UTILITIES
P. 5/9
As requested by FDEP, in a letter dated April 18, 1990, three subsequent tests
were conducted on samples collected on May 1, 3, and 8, 1990 for odor testing and
analysis. The results of these analyses revealed odor threshold values of one T.O.N.
from samples collected at the same sampling point as previously sampled.
Laboratory analyses conducted on January 23, 1992 revealed a concentration of
butyl benzyl phthalate below the method detection limit (MDL) of 0.01 milligrams
per liter (mg/L) on a water sample collected from monitoring well #I located at the
WTP. Subsequent analysis conducted on a water sample colle ed on March 25,
1993 indicated that the concentration of butyl benzyl phthalate as also below the
MDL of 0.0034 mg/L. No corrective actions or additional probl' ms were noted in
the files.
Aerial Photograph Review. Aerial photographs from 1975, 19$1, 1984, and 1992
rwere reviewed. The 1975 and 1981 aerial photographs show the bite as vacant, and
surrounding areas undeveloped with a few roads constructed. The 1984 and 1992
aerial photographs show the WTP as currently configured with the present
surrounding residential areas.
Hazardous Material Management. Chlorine cylinders (]50-1b), treatment
compounds, laboratory reagents, and maintenance supplies weep observed at the
site. The chlorine cylinders are capped and chained and sto�ed in the control
building. The treatment compounds in the storage building incl ded bags of lime,
containers of dry chlorine, containers of polyphosphate, and a"0
n drum of caustic
soda for chlorine leaks. The laboratory reagents stored in the ll7boratory included
sulfuric acid, EDTA, silver nitrate, ammonium hydroxide, sodium thiosulfate,
muriatic acid, and pH buffers. The laboratory did not cur> eptly contain the
appropriate MSDS, but the operator stated the sheets were beim updated and are
usually on-site.
The laboratory lavatories and sinks discharge to a septic tat]c and associated
drainfield, and large volumes of discharged chemicals could pdtentially cause an
adverse affect on the septic tank operation. However, it was indicated by GDU
personnel that only minimal quantities are utilized in the laboratpry; therefore, the
discharge of the diluted laboratory chemicals into the drai Ipfield appears to
represent a minor environmental concern.
The maintenance shed stores various maintenance equipment painu, oils, and
cleaners. No obvious spills were noted in the site reconnaissance. Used oil from the
maintenance equipment is collected and taken to the GDU facility in Port Malabar
for storage and recycling.
• 2M/GDuauorr/c 4-4
OCT 20 '93 07:22 GENERAL DEVELOPMENT UTILITIES P.6i9
During the inspection of the high -service pump building it was noted that there
was thermal insulation around the exhaust pipe to the generator that could
potentially be asbestos -containing material. However, since the shed was
constructed in about 1983, with the use of asbestos -containing materials minimized,
the presence of asbestos in the insulation is not considered like y. Sampling and
laboratory analysis would be required to accurately identify the presence of asbestos
within the insulation material. The insulation material appears to cover about a six-
foot section of piping.
Nonprocess Tanks. Currently one 6,000 gallon diesel underground storage tank
is registered at the site under FDEP Facility No. 318629917. T1 a tank is used to
supply fuel for emergency power generation. The tank is currently not required to
have monitoring wells by state law, and no such monitoring wells are present to
provide confirmatory evidence regarding past or current releasgs. The operator
indicated the tank inventory is checked before and after generator pperations once a
week.
i
Wastewater Disposal. Wastewater from the laboratory sinks and lavatories
discharge to an on-site septic tank and dfainfield located west of t�a office building.
One floor drain located in the lavatory also is believed to dischMIlge into the septic
tank.
Transformers. There is one pad -mounted transformer at the site. Transformers
are known to possibly contain PCB in the dielectric fluid. According to discussions
with the local power company, FPL, all PCB -containing transfgrmers have been
removed from service in the Sebastian area.
Summary of Findings. The one observed area of concern at the site is the septic
tank located west of the office building. The septic tank accepts laoratory chemical
discharge, and there is the potential that the chemicals could affect the septic tank
processes and could ultimately be discharged into the environthent through the
drainfield. However, as discussed above, minimal quantities of chemicals are
typically used in the laboratory and potential environmental imdact is considered
minor. The insulation material surrounding the generator el haunt pipe may
potentially be asbestos -containing material.
43 WASTEWATER TREATMENT PLANT
Site Description. The site property, which contains approximately 29 acres, is
located at the end of Bailey Drive in Sebastian, Indian River County, Florida. A
vicinity map is presented as Figure 4.1.1, and site specific feature are presented in
294/GDUAUDrr/C 4 - S
OCT 20 193 07:22 GENERAL DEVELOPEMENT UTILITIES
P.7/9
a. 284/GDUAUDrr/C 4-6
Figure 43.1. The site is located in Section 18, Township 31 Sout�, Range 39 East.
Schumann Lake is located just east of the W WTP.
The subject property contains one 0.300 MGD convention activated sludge
wastewater treatment facility, including an operations building w th laboratory and
office, two maintenance sheds, three percolation ponds and two sludge drying
basins. It was reported that the facility was constructed in the early 1980s. There is
currently one employee assigned to the facility. I
Process. Wastewater treatment is provided by a 0300 MGI activated sludge
plant utilizing the extended aeration process with disinfectio by chlorination.
Effluent disposal is by three on-site percolation ponds. The pond have a permitted
capacity of 0.142 MGD, but application has been made to FDEP to re -rate the
ponds to 0.160 MGD. Sludge is dried on two drying beds and disI
Iosed of by on-site
land application.
According to permit requirements, groundwater samples are ollected quarterly
from the wells monitoring the percolation ponds. Sludge generated from the
treatment process is dried on-site and disposed of in the southern portions of the
rproperty.
The sludge is sampled quarterly.
Adjacent Properties. Citrus groves are present to the extreme north and west of
rthe
site, and the use of pesticides at the groves could be a poten#al environmental
concern. Schumann Lake is located east of the site, and res ential areas are
located further east of the site. Potential wetland areas were observed north of the
site. It was noted during the site reconnaissance that the fence' was down in the
southwestern portion of the property adjacent to the citrus grove.
Regulatory Review. A review of FDEP files for the facility indicated there are no
listed generators of hazardous waste, or treatment, storage, or disposal facilities or
transporters of classified hazardous waste located in the vicinity oflthe WWTP.
There is one registered 2,000 -gallon underground diesel tank for containing
iemergency
generator fuel. An inspection was attempted by the Indian River County
Pubic Health Unit on July 31, 1991, but the tank could not be located.
The Sebastian Highlands WWTP is currently operating under FDEP permit No.
D031-153322 which expires on August 15, 1993. The permitter} capacity is 0.142
MGD. A review of the FDEP domestic waste files indicatedt#te following non-
compliance issues or operational problems:
■ April 15, 1992 • An inspection at the facility noted the j plant needed an
operation flow chart recorder.
a. 284/GDUAUDrr/C 4-6
OCT 20 '93 07:23 GENERRL DEVELOPEMENT UTILITIES
P.8/9
■ March 15, 1989 - Seepagewas noted on the outside structurr. and around the
effluent discharge line of the chlorine contact chamber.
■ July 17, 1986 - A letter from Mr. Buddy Betschart of GPU indicated that
there was a break in a four -inch diameter force main cfa July 11, 1986.
Immediate action was taken to correct the situation according to the letter.
No indication of the spill volume was given, and no follgw-up action was
noted.
' No additional operational or non-compliance inspection proble were noted in
the file.
Aerial Photograph Review. Aerial photographs from 1975, 1901, 1984 and 1992
were available for review. The 1975 aerial photograph revealed 6e presence of a
r structure, and what appears to be a pond located on the WW`rf property. The
■ purpose of the pond is not known. Surrounding areas are s" to current
conditions. The 1981 aerial photograph reveals the pond is filled ' but the current
W
r WTP has not yet been constructed. The 1984 and 1992 aerial photographs reveal
the WWTP site as currently configured. No changes from Ithe present day
configurations of the adjacent properties were noted in the ajarial photograph
review. j
Hazardous Materials Management. Chlorine gas cylinder (150-1b), laboratory
reagents, and maintenance supplies were observed at the site. The chlorine gas
cylinders are capped and chained inside a fiberglass storage building. The laboratory
reagents stored in the laboratory include pH buffers and sulfuric acid. The
laboratory sinks discharge to a holding tank and is discharged into a lift station.
Maintenance supplies are stored in two sheds and include dry chlorine, small
amounts of weed killer, flocalant and maintenance equipment. U$ed oil is taken to
the GDU Port Malabar facility for storage and recycling. I
Nonprocess Tanks. Currently one 2,000 -gallon underground storage tank
containing diesel fuel is registered at the site under PDBP facility No. 318629987.
The tank is for emergency power, and is not required to have mpnitoring wells by
current state law. The Indian River County Public Health Unit att'=mpted to inspect
the tank on July 31, 1991, but could not find the tank. The tank Was located during
our site reconnaissance, and appears to have spill containment around the fillpipe.
Wastewater Disposal. Wastewater from the laboratory sinks and lavatories
discharges to a holding tank that is pumped into the treatment pl',ant. Floor drains
were not noted at the facility.
2WGDUAUDrr/C 4-7
OCT 20 '93 07:23 GENERAL DEVELOPEMENT UTILITIES
P.9/9
Transformers. One pole -mounted transformer was noted Ikon the property.
Transformers are known to possibly contain PCB in the dielectric fluid. Discussions
with the local power company, FPL, revealed that all PCB -containing transformers
in the Sebastian area have previously been removed from service.
Summary of Findings. There were no visible areas of environmental concern
observed from the on-site reconnaissance. The site does contain a 2,000 -gallon
diesel underground storage tank, but there is no evidence in the regulatory files that
a release from this tank has occurred. Minor violations in treatment plant operation
were noted since 1986, but these have since been corrected d the resulting
inspections revealed only minor or no violations. Surroundinghe site are citrus
groves with potential pesticide impacts; however, due to the presence of a drainage
ditch separating the property from the citrus groves which wouldtend to act as a
hydraulic barrier, the potential for environmental impact is considred to be minor.
I2M/onununrr/c 4 - 8
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M
IE
M J
R
AND
d1
M
DATE: December
13,
1993
TO: Richard Votapka, Utilities Director
FROM: Nancy Veidt, Clerical Assistant
SUBJECT: Estimated Billings from Indian River County
The following bills were estimated by Indian River County for
reasons stated below. The actual data has since been provided to
Indian River County. However, no revised billings for volume
charges have been received.
An estimated bill for the August 1, 1993 through September 1,
1993 billing was sent to the City on September 12, 1993. As
of that date, no billing register had been provided to the
County from the City. The City hand delivered the billing
register on October 20, 1993.
Estimated volume billed 1946 gallons @ $3.19 $6,206.68
Actual water volume 1875 gallons @ $3.19 $5,981.25
Difference $ 255.43
As estimated bill for the September 1, 1993 through October 1,
1993 billing was received by the City. The City did not
provide the County with a billing register for this period
until October 20, 1993.
Estimated volume billed
Actual water volume
1946 gallons @ $3.19 $6,207.74
1344 gallons @ $3.19 $4,287.36
Difference $1,920.38
OFFICE OF COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
1840 25th Street, Vero Beach, Florida 32960
Telephone: (407) 567-8000, Ext. 424
Suncom: 224-1424
December 13, 1993
Ms. Kathryn O'Halloran
City Clerk & Interim City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: Park Place Agreement
Dear Ms. O'Halloran:
CHARLES P. VITUNAC
County A"ome,
WILLIAM O. COLLINS 11
Deputy County Anome,
TERRENCE P. O'BRIEN
Ant. County MlomeT
SHARON PHILLIPS RRENNAN
Aw. County AXnmey
k `'C
Rf.Cf.119
DEG J5 1993
C1 oCISR
f f- S
Councilman Frank Oberbeck asked me on Friday, December 10, 1993, to write
you a letter confirming the fact that any rights and obligations of the
County concerning Park Place Mobile Home Park have been transferred to the
City of Sebastian by agreement dated April 21, 1992.
In particular please see paragraph 5 of that agreement which holds that "The
County assigns and the City assumes all County's rights, duties, and obliga-
tions under this agreement [Park Place]."
Sincerely,
Charles P. Vitunac
County Attorney
CPV/Ik
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
December 17, 1993
Mr. Harry Asher
Assistant Utilities Director
Indian River County Utilities Department
1840 25th Street
Vero Beach, Fl. 32960
Re: City of Sebastian Utility Billing to Indian River County
for Reflections on the River and River Run Condominiums
Dear Harry:
This letter is in addition to my letter to you of December 3
and in response to your letter of December 7, 1993 in reference to
the above. No doubt the County's cost for water service for both
referenced developments will increase, since a new rate schedule
was adopted by the City Council on December 8, 1993. The newly
adopted Ordinance No. 0-93-19 and Rate Resolution No. R-93-59 was
based on a rate study completed by the City's consultant Hartman
and Associates. The new rate schedule does not provide for bulk
water rates based on a master meter for residential multi -family
units. The City is not legally bound to any general service tariff
that GDU previously had. The City is legally bound by its own rate
ordinance and resolution adopted as a covenant of the revenue bonds
in order to finance the system and inherent improvements.
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
RBV/n,8v
CC: Kay O'Halloran, Interim City Manager _k2n/
Marilyn Swichkow, Finance Director
Charles Nash, Esquire, City Attorney
Robert Ori, Hartman & Associates
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M E P1JIr?A1\1ID11P1
DATE: December 20, 1993
T0: Kay O'Halloran, Interim City Manager/City Clerk
FROM: Richard Votapka, Utilities Director 70,61/
SUBJECT: Florida Power & Light Letter of December 16, 1993 to you
I appreciate the copy you provided me of the December 16, 1993
letter you received from Dave Smith of Florida Power & Light Co.
I recently met with Dave Smith on December 13, 1993, in regard to
the high electric bills the Utilities Department received for the
Park Place Water Treatment Plant. The total amount of electricity
(kilowatt hours used per month) was lower than all the previous
months the City has been operating the plant. The kilowatt demand
was zero for all the previous months. However, our October and
November bills were more than double those of all previous months.
They were the only bills which had a kilowatt "demand" reading and
we were at a loss for an explanation from FPL.
I had Nancy Veidt call FPL to investigate why our electric costs
for the Park Place Plant were so high, since no additional
electrical equipment had been added nor had the manner of operation
changed. We were informed that the increase in the bills was based
on demand, but were not informed that FPL had changed it manner of
billing. The letter of December 16, 1993 clearly explains FPL's
new policy. As a result of my meeting with Dave Smith, I placedan
immediate request to change the "demand" billing to a "time of use"
billing, so the Utilities Department can control flushing hydrants
and mains during off-peak periods. Flushing of mains and hydrants
will cause both high service pumps and well pumps to operate,
thereby causing a high demand. We hope to save between $55.00 to
$197.00 per month on electrical costs depending upon the month.
I will check with GDU as to their billing history with FPL to see
if their electric bills increased markedly in October and November.
If so, I will have the former GDU water and wastewater plants
Page 2 of 2
December 20, 1993 Memo to Kay O'Halloran
placed on a "time -of -use" account as well. I asked Dave Smith to
evaluate the electrical needs of both plants so we can conserve on
our electrical costs in the future.
Attachments:
1) November 30, 1993 memo re: Electric Bills at Park Place
2) FPL billing history of City of Sebastian's Park Place Water
Treatment Plant
a s 0/E P
Memorandum
TO:
Park Place Water Treatment Plant Costs &
Maintenance File
FROM:
Nancy Veidt
DATE:
November 30, 1993
SUBJECT:
Electric Bills at Park Place Water Treatment Plant
►gyp -P -
On October 6, 1993, I called FPL regarding the electric bill we received for the Park Place water treatment plant. Our
class of service had changed from General to General Demand which more than doubled the amount of our electric
bill. I spoke to Gladys Harroway of FPL who advised me that a field representative would contact me.
On October 11, 1993, I again called FPL because I had no response to my first telephone call. FP&L informed me
that someone should get back to me by Wednesday. If I had not heard from anyone by then, I should call back.
On October 13, 1993 (Wednesday), I again called FPL since we had heard nothing from them. I spoke to a Mrs.
Hudnell who informed me that our service order of October 6 was given to the wrong division. This is why we had
not had a response to our original call. She did advise me that our demand reading had always been in the range of 4
to 7. In September our demand reading was 32. She advised that she would send someone out to recheck the
reading and that she would have someone contact me regarding the outcome.
On October 15, 1993, Dave called from FPL to inform us that the reading had been checked and was correct. He
stated that the high demand reading so far for October was 34. He asked what equipment we had at the water
treatment plant and if we had had any difficulties at the plant during the month of September. Bob Korda was in the
office at the time, so I had Bob speak with him. The result of the conversation is that Florida Power and Light will
go out and pull the meter and test it to see if it is registering properly. They will contact us as soon as this is
completed.
On October 20,1993, 1 called a Mr. Marks at FPL regarding payment of our bill. Mr. Marks stated that there was no
problem with paying half of the bill now and deferring the other half of the payment until the problem with the high
readings has been resolved.
On 4, 1993, I called Dave Smith with FPL at 489-6208 and left a message on his answering machine.
On We%'w 5, 1993, Dave Smith returned my call. He stated that they had look at the equipment and had found
nothing wrong with the meter or the facilities. He stated that the water treatment plant was pulling between a 32 and
34 demand. He offered to have a FPL employee come out and go over the equipment at the water plant with the
City's employees to see if the problem can be figured out. He stated that Wayne (Pitmze)7 would call.
On November 15, 1993 Rich Votapka stated to hold off on contacting FPL until we could determine if there was a
correlation between the electric bills and the excess pumping of the west well at the water treatment plant.
On December 1, 1993 I left a message on Dave Smith's answering machine to inquire why Wayne had never
contacted us.
electric
11/1/93 1a" ne_ ?r Arna.zp- called - will meat on Fri . 11/3 I ,,.Coo
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04/30/93
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CITY OF SEBASTIAN
ACT 04/30%93
0/072/ 4,178032
-UTILITIES
PH (407)589-5330
S
PH (407)583-5330
1000 STRATTON
1000 STRATTON
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#PARK PLACE WTR
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SEBASTIAN
FL 32958
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49150-21408
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CITY OF
SEBASTIAN-U1ILITIES
PH (407)583-5330
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SEBASTIAN
FL 32958
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11/30/93
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12/03/93 08:1.5.34
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08 -PAGE DOWN 15 -BILL HIST 16-SNC/EXC FI_D NEWS
!MCI
City of Sebastian
1225 MAIN STREET ❑ SEBASTIAN FLORIDA 32958
TELEPHONE (407) 589-5330 13 FAX
(407) 589-5570
M E M O R A N D U M
DATE: December 22. 1993
TO: File
FROM: Richard Dot
apka, Utilities Director
SUBJECT: Conversation with garb, Asher
Park Place Sewage Treatment Plant
r called Harry to ask k when the Park
been removed from the Place Sewage
been removed from . site, ge Treatment
and force service some Harry said that the Plant
Count main were time
me in 1989 when Plant had
Y's Hobart Park Wastewater to the lift station
Plantyspuedton for a Treatment Planewate south to the
Count site about
out for bids. Year to He said the
As a result they were The bids were Year and aout $100 half. The
landPurfill
l is u (grit to 00 rejected.
Eve tracked itabthe County to$15landfill
landfill $10 trac
using treat down.
leachate. The County
Harry said he could
abandoned and removed, research the
1994, since d However, it dates when the plant was
is going away for C may not be until January anuary 3,
/sg
AWN
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
P1 -A P1 O R A If D U P1
DATE: December 23, 1993
TO: Kay O'Halloran, Interim City Manager
FROM: Richard Votapka, Utilities Director ml
SUBJECT: County vs. City Water Service for Portions of CR 512 and
Roseland Road within City Limits
Indian River County has previously installed a 16" water main
within the County Road 512 right-of-way west of Roseland Road and
within the Roseland Road right-of-way north of County Road 512.
The City does not have any water mains within either corridor and
most probably won't have water mains in this specific area for many
years to come. If possible, duplication of water mains within
these corridor segments should be avoided to avoid the potentiality
of tapping the wrong main in the future.
Representatives of Christ the King Lutheran Church have expressed
a desire to connect to the County water main rather than install
their own treatment system on their site. Christ the King Lutheran
Church is in the beginning stages of constructing a new church
building on County Road 512 on the west side of Roseland Acres
subdivision. The Church could easily tap the County's 16" water
main, if permission were obtained. However, the County has no
jurisdictional rights within the City's boundaries to allow taps
from City customers. There is no agreement for the County to serve
City customers with water other than the Interlocal Agreement to
serve water to Wal-Mart.
All total, two churches within Roseland acres, a small triangular
lot west of Roseland Acres, and 119 residential lots along Roseland
Road (including 22 lots in Point -O -Woods Subdivision) could connect
to the County's water main now and the City could avoid the
construction of duplicate water mains sometime in the future. The
City could enter into an "Interlocal Agreement", such as it did
with Wal-Mart North, so that the County's service territory could
include only the above named lots. I have enclosed a map showing
the specific lots the County could serve.
Page 2 of 2
December 23, 1993 Memo to Kay O'Halloran
It may be possible to have the City serve the two Churches and
triangular lot west of them if a water line was installed from
Sebastian Lakes once Sebastian Lakes conveys its water mains to the
City. Easements from both churches would have to be obtained.
As you suggested in early December, we should have a meeting to
discuss this matter which would involve Dan Eckis, City Engineer
and Marilyn Swichkow, Finance Director. Since Dan will be out of
town until January 3, 1994, I would suggest a meeting be held
during the latter part of that week, possibly January 6 or 7.
Please inform me as to when it would be convenient with your
schedule.
CC: Marilyn Swichkow, Finance Director
Dan Eckis, City Engineer
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City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
DATE: December 27, 1993
TO: Kay O'Halloran, Interim City Manager
FROM: Richard Votapka, Utilities Director z6v
SUBJECT: INTERLOCAL UTILITIES AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND CITY OF SEBASTIAN
1. Item 7.2 - "The County agrees to develop a nondiscriminatory,
cost -of -service rate to be charged to the City for treatment
of wastewater which rate shall take into account the fact that
the City is the utility service provider for all classes of
units within the City"
The County in its Rate Resolution 92-31 defines the Volume
Charge for Wastewater as "Calculated as 85 percent of water
use". However, the County is billing the City for wastewater
treatment (whenever City customers are connected to the County
system) at 95% of its wastewater rate based on 100"%, not 85%,
of the total water used. Since the City adopted the County's
rates in 1992, the City only charges it customers wastewater
volume based on 85% of the total water used. Therefore, the
City is constantly losing 10% of its revenue for its
wastewater customers connected to the County system. Is this
considered a non-discriminatory rate when the County is
billing the City at a higher cost than it would for its
residential customers? Robb Ori of Hartmann & Associates did
not agree with the County bulk rate claiming it was too high.
See Robb's letter of February 21, 1992 to County
Administrator, Jim Chandler.
2. Item 7.3 - "Metering equipment shall become the property of
the County, but the City shall be responsible for the
operation, maintenance, and replacement of the meter. The
County shall read the meters for billing purposes"
Page 2 of 3
December 27, 1993 Memo to Kay O'Halloran
What specifically does this section refer to? The City is
currently reading private meters for lift stations, not the
County owned meters. I was told by Harry Asher that this
Section is only pertinent to master meters.
Further in the Item, there is a sentence which states
"Following the period set forth in paragraph 7.5 hereof, the
requirement for the City to install a sewer meter at a COUNTY
pumping station shall not arise at said station until the City
expands a gravity collection system to be connected to that
pumping station etc."
Does this pertain to all of the existing regional stations the
County has constructed in the City? Can we specifically
identify them? Or does this pertain to one diversion lift
station that the City would have to construct and install a
meter?
3. Transfer of Units - In disconnecting Park Place and Palm Lake
Club from the County's wastewater system, Terry Pinto told Hal
Schmidt and I on November 1, that the County would consider
connection of the units from Sebastian Lakes to offset the
loss in flow or gain in capacity at the plant whenever Park
Place/Palm Lake Club was taken off line. This is in
accordance with Item 8, "Transfer of Units", Page 11.
However, according to Gerry Hartman on November 19, Gerry said
that replacement capacity in the County's plant was not
required for removing Park Place/Palm Lake Club from the
County's wastewater system.
By the same token, in the same item, the last sentence reads
"Units so transferred shall not be charged an additional
capacity impact fee by the City". Should this statement also
apply to the County by intent to the customers in Park Place.
That is those Park Place customers paying a $10.00 surcharge
for the fixed assets of $777,000, which included the Park
Place sewage plant, are having to pay an additional impact fee
of $2,551.00 to Indian River County through the City when they
sell their mobile homes. If a portion of the $10.00 surcharge
originally was to fund sewage plant capacity within the
development of Park Place, why is the County again charging an
impact fee for these same people when the County took
possession of the plant and sold it to the landfill.
4. Delinquent Fees, Charges, and Assessments - page 13 .
Indian River County had certain delinquent accounts that it
transferred to the City as of May 1, 1993. In turn, when the
City could not collect the money due it by the customer, the
County continued to bill the City. The City has requested
Page 3 of 3
December 27, 1993 Memo to Kay O'Halloran
that the County terminate these accounts and recall the
reserved capacity units (ERU's) from these customers.
However, the County maintains that it can not recall these
ERU's unless there are replacement ERU's available.
Therefore, the County continues to bill the City on a monthly
basis for delinquent accounts that the City has no power to
stop.
CG, %Marg SWI,6kow, Finar.c DlreGicr
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
DATE: December 27, 1993
TO: Kay O'Halloran, Interim City Manager
FROM: Richard Votapka, Utilities Director TB✓
SUBJECT: Items That The City Attorney Should Specifically Address
In The Nelson Hyatt -County Takeover Agreement Dated July
11, 1989 in Regard to the Park Place Water/Sewer System
1. Page 1, Paragraph 6 - "WHEREAS, the County agrees to this,
provided that only the customers in the service area of SYSTEM
at the date of this agreement shall be charged for this
expense."
Joe Morozowski, spokesman for the Park Place MHP owners,
claims that only the customers in Park Place as of July 11,
1989 can be charged the $10.00 surcharge. He claims that no
one else who moved into Park place after that date is
responsible for payment.
Paragraph 7, Page 4, "Surcharge of Rates" states that the
County shall establish a surcharge on water and wastewater
rates for customers in the service area as shown on Exhibit
"D". Exhibit "D" is the complete legal description for The
Village of Lake Dolores, now Park Place. Residents of Park
Place also want to know why the residents of Palm Lake Club
don't pay the $10.00 surcharge when the water they receive
comes from the Park Place plant. Evidently, Palm Lake Club is
not within the service area of the utility system although it
is served by the Park Place plant. The question is "What is
the legal service area of the utility system?"
2. Page 2, Section 2, Paragraph 4 - "All water and wastewater
plants, lines, and facilities of every kind and description
whatsoever, including collection mains, transmission mains,
effluent distribution pipes, lift stations or facilities,
.-.
Page 2 of 3
December 27, 1993 Memo to Kay O'Halloran
valves, service connections, and all other physical facilities
and property installations in use in connection with the
SYSTEM."
There was a existing sewage (wastewater) plant which Nelson
Hyatt had operated until the County installed a force main to
connect the existing lift station north of Barber Street to
the County's forcemain along U.S. 1. The County took over the
lift station and still maintains and operates it. However,
the County removed the wastewater plant and it is now at the
Indian River County Landfill treating leachate. The County
Utilities Department sold it to the County Landfill for
$10,000.00. The date the plant was removed has not been
determined yet by either Nelson Hyatt or Harry Asher.
However, Harry Asher, Indian River County Assistant Utilities
Director, said that the plant remained on site until
about one year after Park Place/Palm Lake Club were connected
to the County System via force main and lift station. Item
1.5 on page 3 of the Interlocal Agreement states that the
County was ready to provide service for City customers on or
about March 5, 1991. If the date reveals that the wastewater
plant was removed after the April 21, 1992 "Interlocal
Agreement Between the City and Indian River County" was
signed, then shouldn't the City be entitled to the wastewater
treatment plant physically or by reimbursement of the cost of
the asset? Originally, there was $777,000 of assets at the
time the Takeover Agreement was consummated. Now that figure
is $606,000 ±. Therefore, the County has in its possession
$171,000 worth of assets from the Park Place system.
3. Page 2, Section 2, Paragraph 3 - All easements etc. including
those specifically set forth on Exhibit "C". Are easements
the (10) feet in width for all mains and house laterals? If
the easements are 10' in width for the house lateral, does
this mean all the way from the main to the mobile home? There
are no publicly dedicated roads within Park Place. Therefore,
the normal jurisdictional limits being the road right-of-way
line are not applicable. If a sewage blockage occurs in a
house lateral outside the mobile home, does the City Utilities
Department have the responsibility to repair the service
lateral?
4. Page 4, Section 6, Impact Fees - I have already asked Charlie
Nash to review this in my letter of November 3, 1993. Also,
if all the Park Place customers are paying the $10.00
surcharge for all the assets including the wastewater plant,
wouldn't it be a double charge to require the customers of
Park Place to pay additional water and sewer impact fees?
Ank
..
Page 3 of 3
December 27, 1993 Memo to Kay O'Halloran
Shouldn't the total amount of surcharge paid by a customer be
deducted from the total amount of the impact fee required?
5. Page 4, Section 7, Surcharge on Rates - Shall funds be
remitted to Park Place (Nelson Hyatt) without a bill first
being submitted to the City by Park Place or does the City
send the remittance based on its quarterly totals? Does the
City act as a collection agency for a private developer?
cc. Marilyn Swichkow, Finance Director
par k I•age
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M E M O R A N D U M
DATE : March 29, 1993
TO : Dan Eckis, City Engineer
FROM : Rich Votapka, Utilities Director --a/
SUBJECT : Repair or Replacement of Drainage Pipe at the
Intersection of the Potomac Avenue and Gardenia Street
Drainage Ditches
I was notified by Barry Luttinger, Camp Master of Boy Scout Camp
Oklawaha, this past weekend that the culvert under the driveway to
the camp needed immediate remedial work. The culvert connects the
drainage ditch on the west side of Gardenia Street with the
drainage ditch on the north side of Potomac Avenue in Unit 5 of the
Sebastian Highlands. The culvert appears to be located entirely
within the City road right-of-way.
A hole has opened up in the driveway approximately five (5) feet
north of the south end. Mr. Luttinger has placed two plywood
boards to cover the hole as a temporary remedial measure. The
diameter of the pipe is unknown as there is no easy way to visually
see the ends of the culvert without getting in the water -filled
ditches. As best as can be determined, the length of the pipe is
approximately 20 feet.
As soon as you can schedule an inspection, please call Barry
Luttinger at 589-2194. He requested that he be present when
someone from the City could look at it.
RBV/ar
MEMO TO FILE
DATE May 25, 1993 TIME: 1:15 p.m - 3:00 p.m.
FROM Richard B. Votapka, Utilities Director
RE Meeting with Terry Pinto, Robb McClary, City Manager, and
Harry Asher of Indian River County Utilities Dept with
reference to water service to Sebastian residents and
businesses along Roseland Road and CR 512 - Corridor and
North US #1 Corridor
-------------------------------------------------------------------
Rich explained the memos from Dave Fisher and Bill Caldwell. Terry
explained that the City Council didn't want Indian River County
to serve the Sebastian customers. Terry said that the County had
to downsize its water system. Robb said that initially, at the
time of the agreements, the issue of water service was moot. The
County had no water in the Sebastian area. Terry said that there
may have been some sort of misunderstanding. He made it a point to
the County Commissioners that City didn't want water in the
agreement. He said that the County spent a ton of money downsizing
its water system in the North County since the County was no longer
servicing the Sebastian area. Both plant capacity and land size
for the plant were reduced. The County allows any water main to be
serviced; therefore, the County main on Roseland Road can be tapped
to serve residences along the corridor.
Rich said we're looking at a small number of customers who will
connect to the water main along Roseland Road and County Road 512.
Terry said that the County is now borrowing water from south county
to feed the north county. The North County water plant will be
built at 3 MGD. Terry suggested that we figure out what we want
such as connections, gallonage, service area, etc.
Terry wanted to know what our time period was. Rich told him that
it was unknown, but possibly, three years before water can be
provided. Terry recommended to have Rich Votopka put together a
proposal for the County Utilities Department and the County
Commission.
CITY OF SEBASTIAN
UTILITIES DEPARTMENT
DATE: August 17, 1993 TIME: 10:00 A.M.
[x] CONFERENCE WITH Bill Caldwell and Dale Sorensen
[ ] TELEPHONE CONFERENCE WITH
SUBJECT: WATER FOR U.S. 1 NORTH, INC., Owner of a 9 +/- Acre Parcel
in Sebastian, West of US 1
Bill Caldwell, Attorney and Dale Sorensen, President of US 1 North,
Inc told me that US 1 North, Inc. owns 9 +/- acres between the
proposed Walmart Shopping Center and the St. Sebastian Catholic
Church between U.S. Highway #1 and the FEC Railroad right-of-way.
I informed them that there is no water along US Highway 1. There
is a sewer force main installed along the FEC Railroad right-of-
way. Unfortunately, they relinquished their ERU's to Indian River
County some time ago. U.S. 1 North, Inc. owned 60 ERU's x 250
gal/eru - 15,000 gallons. I told them that the City would have to
request 60 ERU's from Indian River County. I also informed them
that the developer would have to pay for the cost of installing the
water main to his property. The City could not do this.
ORIGINATED BY:
COPY TO: Inquiries and Roseland Road, U.S 1 Study
MEMORANDUM
DATE: August 23, 1993
FROM: Richard Votapka, Utilities Director
T0: Dan Eckis, City Engineer
SUBJECT: Template for Utilities
I have been painting arrows on the pavement, as necessary, to
mark the location of the water meters in Park Place/Palm Lake Club.
Contrary to local rumor, I have not been painting them on the
mobile homes. The arrow makes it very easy for the meter reader
(me) to locate the meters in sequence along the route.
I have been spray painting the arrows on the pavement by hand.
Occasionally, I have had part of the arrow sprayed on my hand too.
I would like to have a template made by the sign shop so that the
shape of the arrows are consistent and I don't have any over spray.
Attached is the sketch for the desired arrow template. It is based
on the Indian Guides manual. With your permission, I'd like to
have this made as soon as possible.
By the way, did you know that General Custer worn an Arrow
shirt. I guess he wanted some direction in his life.
xeRolarrov
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City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
_NtJMO ANDUM
DATE: October 19, 1993
T0: Kay O'Halloran, City Clerk/Acting City Manager
FROM: Richard Votapka, Utilities Director ;eiv/
SUBJECT: 1993 Pending List
There are three (3) items highlighted on the current pending list
which I have addressed as follows:
1) 93.183 GDU Rate Increase Request - The Public Hearing for the
GDU rate increase request was held on August 18, 1993. As a
result, the rates proposed by the City consultant, Rachlin and
Cohen, would have gone into effect on September 17th if GDU
had not delayed the effective date of the rate increase to
October 1. Now that the City is in the process of purchasing
the GDU systems, the rate increase will be held in abeyance
until November 30, 1993, the scheduled closing date for the
purchase.
2) 93.233 Review Utilities Policies re: water/sewer shut-off
After the Utilities Director discussed temporary and permanent
shut-off of service at the August 11, 1993 meeting, Council
directed him to return with a written policy. Letters were
sent out to various utilities requesting information
concerning their policies. To date, only half of the
utilities responded. This item will still be pending until
additional information is received.
3) 8/20/93 Special Meeting - As a result of the Special Meeting,
the City Council appointed a Task Force to negotiate the
purchase of the Sebastian Highlands Water and Sewer Systems
with GDU. To date, the Chapter 180 hearing has been held; the
purchase price of $3,650,000 has been agreed upon and approved
by GDU and City Council; the Purchase and Sale Agreement has
been executed by the City and GDU; and closing of the sale is
expected to be November 30, 1993 once the Revenue Bond
financing is secured. As of today, Hartman & Associates will
perform the rate analysis in lieu of Rachlin and Cohen.
pend in
City of Sebastian
FICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
:PHONE (407) 589-5330 o FAX (407) 589-5570
`went Heads
:-ney
:oran
c/Acting City
ing List
i, 1993
Manager
)f the attached list and should an item be
)artment, I would appreciate an update.
are some items that are unable to be
a notation to that effect will be helpful.
- Request to Amend
Livestock, Fowl
3 Agenda - deferred
op agenda for
taff directed to
in model ordinances
nguage - chose
ete 18.30, 18.31,
an - Approve
- Brad Smith
93 agenda -
of 4/7/93 on
sentation to City
edrafted
- Approve
ational, Inc.
4) - 2/3/93 agenda
history and
directed staff to
gineers - not to
nted - DCD
lve system -
ailed - staff can
ion - see 92.317 -
ance sent back to
iscussion placed on
n agenda - 4/14/93
ns - placed on
staff directed to
taff directed to
ort - Set Public
Conceptual
ng (see 92.024)
- ph continued
to hold $65,000 in
on of hearing -
.ded to 7/28/93 -
later than 8/20/93
dollar amount for
ngs scheduled for
gs rescheduled for
93.089 Tennis Court Complex Report (see 93.013) - 3/3/93
agenda - Council concurred with concept & site - staff
to proceed to seek funding from IRC for fiscal 94 -
5/12/93 agenda - Jan Beach and Andrew Cortez address
City Council
93.091 Blossom Lake Improvements - 3/3/93 agenda - staff to
bring back concept plan for minor improvements -
3/24/93 Council authorized staff to proceed to grub,
seed and mulch - possibly benches - if stays approx.
$500 - 4/7/93 Debra Curbow addressed council with plan
to build 1/2 basketball court and other improvements -
no cost to city - staff to work with her
93.114 Indian River County Proposed Ethics Rules - 4/7/93
agenda - staff to contact Florida League of Cities for
ethics codes
93.115 Community Center/Yacht Club Fee Waivers - 4/7/93 agenda
- withdrawn from agenda by Corum indefinitely
93.119 Yacht Club Finger Pier Extension (see 92.140) - 4/7/93
agenda - deferred to 4/14/93 agenda to supply new
council with sufficient info - 4/14/93 discussion -
postponed for further info from Riomar regarding
Council concerns - future maintenance, insurance,
agreements, etc. - 7/7/93 - motion to proceed with
original plan and deny Fey request - 9/8/93 additional
Riomar services $500 approved
93.120 Communications Tower - Proposed Lease Agreement
and Monthly Fee (see 92.060) - 4/7/93 agenda - Council
concurred with concept - each lease to be approved on
case by case basis
93.123 Proposed Sign Ordinance - 4/7/93 agenda - staff to
draft ordinance as recommended except to grandfather
non -conforming signs, allow and limit off -premise signs
to 32 sq ft and designating them directional signs,
increase facade signs to 15%
93.124 Proposed Waterway Ordinance Re: Motors, Docks, Davits,
Etc. - 4/7/93 agenda - staff to draft ordinance as
recommended except transient live -aboard only 30 days
stay in 12 months
93.125 Herbert Sturm Re: Code Enforcement Board (see 92.189) -
4/7/93 agenda - 4/7/93 agenda - addressed council
2
93.183 GDU Rate Increase Request - Engage Services of Rachlin
& Cohen, Certified Public Accountants - Fee Not to
Exceed $15,590 - 6/2/93 agenda - approved - also staff
authorized to use Hartman and Cloud if needed - 6/9/93
agenda - hearing scheduled for 8/18/93 7 pm - council
motion to act as hearing board - 8/11/93 agenda -
discuss hearing procedures - 8/18/93 hearing conducted
- deliberation deferred to 9/1/93 - City Attorney
matters recommendation cancel deliberation, determine
application incomplete, declare conflict of interest,
approve rate case be heard by hearing officer - 9/1/93
- rate deadline extended until 10/1/93 - 180.301
hearing scheduled for 9/15/93 - motion from 18/18/93
ratified (no second was made on 8/18/93) see 93.263
93.184 Special Use Permit Application - Burn Permit - Saint
Sebastian PUD - 6/2/93 agenda - ph scheduled for
7/14/93 - ph conducted and deliberation continued for
additional documentation
93.186 Schedule Joint Workshop with Code Enforcement Board -
6/2/93 agenda - scheduled for 6/16/93 - discussion - no
action - Attorney will bring ordinance - 9/1/93 review
0-93-16 - deferred to Torpy for review of tape in
as a result of Sturm input
93.187 Drug Free Workplace - 6/2/93 agenda - policy concept
approved - staff to draft resolution to add to SOP
93.201 Proposed Ordinance Re: CATV Utilities - 6/23/93 agenda -
0-93-17 presented - postponed due to FCC announcement
on cable TV rules
93.209 Cable TV Franchise - 7/7/93 agenda - Corum requested
review of franchise - no further action - 7/28/93 agenda
discussion under City Attorney matters - 9/8/93 agenda -
Finance Director authorized to fill out FCC forms with
assist of City Attorney
93.233 Review Utilities Policies Re: Water/Sewer Shut -Off -
7/28/93 agenda - staff to bring back written policy -
consensus to direct staff to cease billing when service
disconnected - 8/11/93 agenda
93.245 Bid Specifications for Window Replacement in City Hall -
8/11/93 agenda - staff authorized to bid project
93.246 Set Public Hearing for September 8, 1993 to Amend
Henry A. Fischer Mulch/Burn Special Use Permit Adopted
by Resolution No. R-92-33 to Enlarge Area and Change
Expiration Date - 8/11/93 agenda - ph set for 9/8/93 -
rescheduled for 10/13/93 - conducted and continued to
10/27/93
3
Rick Giteles - Sebastian River Area Chamber of Commerce - Senior
- Negotiate Possible Building Exchange - Chamber of essed -
Commerce/Old Library - 8/11/93 agenda - held in abeyance George
for review of other city financial matters - will give rom Pat
Chamber 1st consideration
John Malek - Sebastian River Area Chamber of Commerce - sts -
Request Use of Riverview Park and Yacht Club "Santa's alary
Sail In" - 8/11/93 agenda - concurred with concept - s,
keep Council informed on progress - 9/22/93 agenda - not
addressed - 9/29/93 Malek update
a -Through
Proposed Ordinance Re: Special Use Permit Procedures - s -
Direct City Attorney to Draft Ordinance - 8/25/93 agenda anda -
- directed to draft
Report Regarding First Union Bank's Intention to :e Reform
Foreclose on Carl R. Julian Property Known as St. jenda -
Sebastian P.U.D. - 8/25/93 agenda - staff to investigate
value of PUD property - 9/1/93 Director of Community
Development authorized to review bank records and sign arald
confidentiality agreement with First Union Bank -
9/15/93 City Council directed staff to negotiate assed -
purchase - 10/6/93 special meeting
8/20/93 Special Meeting - task force appointed to reopen
Term to
negotiations for GDU water and sewer facilities - City
carried
Clerk/Acting City Manager, Mayor Powell (Vice Mayor
alternate if needed), City Attorney, Finance Director
and Utilities Director - use Hartman and Cloud if needed
(see 92.118) - 9/15/93 Special meeting - 180 FS hearing
- City Council stated its intent to purchase - 9/22/93
ph not addressed - carried to 9/29/93 special meeting -
!e
motion to authorize Mayor and City Clerk to execute
-
purchase and sales agreement - bring back to Council
aft
with finer points - Raymond James & Associates - bond
!to
underwriters - Nabors, Giblin & Nickerson - bond counsel
93-03
- Rachlin & Cohen - rate analysts - Hartman & Associates
n on
- engineers - Hoyman, Dobson & Co. - cpa
Proposed Land Use and Zoning Amendments Regarding
Riverfront Zoning (see 93.010) - 9/1/93 Agenda - sent
91.163 -
back to P & Z for recommendation
ist
Review Park Policy - 9/1/93 Agenda - discussed and staff to
postponed to later workshop thods
st
Report Re: Old Church on Bob Circle - 9/1/93 Agenda -
staff authorized to initiate enforcement proceedings - proceed
repair or demolish
ft open
92.304 Golf Course Expansion Commission Appraisal - 11/4/92
agenda - Armfield-Wagner engage to do appraisal of
properties adjacent to golf course - $5500 -
approved - see 91.235 - file left open per 4/7/93 action
on pending list
1991 PENDING LIST
91.119 Airport FBO Minimum Standards - 4/24/91 agenda - JVA to
continue draft - survey other airports - work with
staff - file remains open per 9/4/91 Council action on
pending list - file left open per 4/7/93 action on
pending list
91.254 North County Coordinator Request to Convert Senior
League Field to Foot/Softball Field - 9/11/91 agenda -
deferred - no time certain - file left open per 4/7/93
action on pending list
1990 PENDING LIST
90.158 Report On Airport Leasing - 6/13/09 agenda - staff to
establish procedures for Council approval - no time
certain - open file per 9/4/91 Council action on pending
list - file left open per 4/7/93 action on pending list
90.186 RESOLUTION NO. R-90-28 - Grant Easement to Indian River
County - 8/8/90 agenda - adopted - easement has not yet
been sent to County Attorney for recording since FAA
approval has not been obtained - open file per 9/4/91
Council action on pending list - file left open per
4/7/93 action on pending list
1989 PENDING LIST
89.003 Airport Compatibility Study - open file per 9/4/91
Council action on pending list - file in vault
see 92.326
R
MEMORANDUM
DATE: November 18, 1993
TO: Dan Eckis, City Engineer/Stormwater Management Expert
FROM: Richard Votapka, Utilities Director a ✓
SUBJECT: Stormwater Complaint from Mr. Geiger
Mr. Geiger of 1026 Schumann Drive (589-4559) called me in response
to the newspaper article which appeared in the Press Journal this
morning. Based on the assumption that I was the newly appointed
Stormwater System Director, he told me that he had erosion problems
adjacent to the seawall on the perimeter of Lake Schumann. He said
that there was possible danger of having a FPL electric pole
falling over.
Also, he requested a paved apron from the road to a catch basin in
the Swale because the water ponds in front of his house. The grass
continues to grow higher, preventing the road to drain properly.
Anyway, I finally persuaded him that I was not the stormwater
expert. I deferred him to you figuring that you needed something
else to do.
,en a/e to r.