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r JUN -11993, Boa 89 PnF 743 -1 <br />facility charge is an essential part of the financing which was <br />fairly innovative for this county in that we were able to provide <br />utilities to areas that had never been serviced. <br />Commissioner Adams felt there is no question that they were <br />derelict in not paying the base facility charge f or this long. <br />Moreover, we have given them leeway on the water service, but this <br />base facility charge has been a real thorn. She believed we would <br />have built the plant because we were mandated to provide water and <br />wastewater service to the urban service areas. After determining <br />what those service areas were, we would have built the plant using <br />those capacity figures. <br />Director Pinto disagreed and gave a very detailed explanation <br />of why that wouldn't have happened. He stressed that if they had <br />connected 3 years ago, they would have been paying the base <br />facility charge which is shown on the bill as the minimum charge. <br />There is a minimum charge and the f low charge which is based on per <br />thousand gallons. <br />In answer to Commissioner Tippin's question, Director Pinto <br />stated that the penalties amount to about $3,000. <br />Attorney Block felt that Attorney Vitunac's comment that <br />Realcor was waiting around for Judge Kanarek's decision is totally <br />incorrect. They had a legitimate issue with the County as to the <br />location of the connection coming within 5300 feet at 81st Avenue <br />rather than within 400 feet at SR -60. In 1985 they were paying the <br />$150,000 to hook up, but weren't aware that the connection would be <br />off of 81st Avenue rather than off of SR -60. He stressed that <br />they are not saying that they are not going to hook up for any <br />reason, arbitrary or capricious. They had some legitimate problems <br />as to what it was going to cost. Until a couple of months ago when <br />it was resolved with the homeowners, that $150,000 was sitting <br />there with no accountability and the County had no idea of what it <br />was going to do with it. <br />Administrator chandler emphasized that when ownership changed <br />from Atlantic to Realcor in 1985, Realcor agreed that the $150,000 <br />would be submitted to the County for any county use. Two years <br />ago, staff recommended that the $150,000 be used at Countryside <br />since it was generated there. However, in 1985 it was submitted to <br />the County for any county use. <br />Attorney Block reiterated Realcor's request to begin payment <br />of the base facility charges at the time of hookup which will be <br />the end of June or first of July. <br />Chairman Bird felt the question before the Board today is <br />whether or not there are any extenuating or unusual circumstances <br />involved with this case that would cause it to be treated <br />is <br />