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use of package sewage treatment plants should be discouraged. In
<br />areas where package plants are the only reasonable alternative to
<br />sewage disposal, they should be considered a temporary facility ...
<br />In line with Council policy, the package plant should be regarded
<br />as a temporary facility until a regional facility becomes
<br />available."
<br />On April 3, 1985, the Board of County Commissioners (BCC)
<br />authorized the County Attorney to take whatever steps necessary to
<br />resolve disputed portions of Village Green (CMHP) franchise,
<br />including permission to file for declaratory relief, and also
<br />determine if we have the right to require the entire park to hook
<br />up to the County system (copy attached).
<br />On June 5, 1985, the County adopted Resolution 85-61 transferring
<br />and amending Resolution 80-88 from Florida Atlantic Associates to
<br />Realcor-Vero Beach Associates, including an agreement relating to
<br />wastewater treatment services between the County and Realcor-Vero
<br />Beach Associates (copy attached), which states in Section 3,
<br />"Developer agrees that it will connect the project to the County
<br />wastewater system within 60 days of written notification from
<br />County to Developer. Developer will pay the full cost of such
<br />connection, including but not limited to engineering, construction
<br />of linea, lift stations, and all other necessary appurtenances to
<br />the point of connection determined by County" (copy attached). A
<br />copy of the transcript of the June 5, 1985 BCC meeting is attached.
<br />On October 10, 1986, Utilities notified Realcor that wastewater was
<br />available to Countryside North and to prepare to connect to the
<br />County system -within 90 days.
<br />Various correspondence and actions transpired between October 1986
<br />and 1988 concerning payment of franchise, impact, and renewal and
<br />replacement fees as required under the franchise and June 5, 1985
<br />Agreement. Also, in 1987, Countryside South (287 lots) was
<br />connected to the County water and wastewater system.
<br />On April 12, 1990, Utilities notified Realcor to connect to the
<br />County wastewater system within 60 days as outlined in the June 5,
<br />1985 agreement (copy attached). Subsequently, various
<br />correspondence between County, Realcor, and Realcor-'s engineer
<br />occurred on May 8, 11, 24, and 29, and on June 10 and 11, 1990,
<br />regarding the required force main connection point.
<br />After required notice to connect within 60 days was given on April
<br />12, 1990, and with Utilities committed to provide the capacity
<br />required, Utilities began monthly billing for base facility charges
<br />as required under its ordinance. The first billing period was for
<br />the period of June 13 - July 12, 1990. No payments have been
<br />received to date, and the current balance as of December 31, 1992,
<br />including penalties and interest, is $171,728.84 (copy attached).
<br />On August 27, 1990, Utilities served notice to Realcor of failure
<br />to comply with the April 12, 1990 notice to connect, and requested
<br />submittal of a time schedule for completion of the wastewater
<br />connection.
<br />The Department received no response.
<br />There was various correspondence
<br />attorney, Samuel A. Block, on
<br />concerning the required point of
<br />between Utilities and Realcor's
<br />October 2, 22, and 25, 1990,
<br />connection.
<br />On February 22, 1991, a memo was sent from Harry Asher to Charles
<br />Vitunac, County Attorney, requesting his office to proceed with all
<br />legal options due to lack of response by Countryside to connect.
<br />13
<br />LJA N J 9 1993 600K ®� F',1;F, 592
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