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600K 95 PACE 421 <br />several complaints on water quality. So there are 3 items today -- <br />franchise fees have been unpaid since 1992 - the Renewal & <br />Replacement -fund has not been funded adequately and they have not <br />responded to the complaints on water quality that have been sent to <br />them. We do know that the ownership of the park was transferred <br />from Realcor Corporation to Ellenburg Corporation. However, we do <br />not have any evidence whether the utility was part of that <br />transfer. If it was, then they transferred it without complying <br />with the franchise requirements as it would take a public hearing <br />to accommodate that transfer. _After receiving no response to <br />repeated correspondence to Realcor, we have brought this before the <br />BCC in a public hearing to give the owner the opportunity to be <br />heard on why they have not complied with the requirements within <br />the franchise. <br />Directgr Pinto noted that we know there are some negotiations <br />going on to sell the park and franchise it under a new owner. It <br />was brought before the Board at a previous meeting to ask for a <br />postponement of this issue until such time as the prospective <br />buyers of the park had the ability to negotiate the terms which <br />would include the default of the franchise. After notification of <br />this hearing, all three parties have made contact with staff --the <br />previous owners of the park, the present owner and the potential <br />buyers of the park. The potential buyers of the park have <br />expressed a willingness to resolve this issue if they buy the park. <br />The tentative proposal they have submitted is one that we would be <br />comfortable to submit to the Board for their review, but none of <br />that can take place until they purchase the park. <br />Director Pinto stated that we are not sure who the owner is; <br />we are absolutely sure that whoever the owner is, they are not <br />complying with the existing franchise. We ask the Board to place <br />an order on the owner to provide whatever is required under the <br />franchise and take whatever action the County Attorney recommends <br />to force them to do so. <br />Director Pinto advised that if the Board wants to get further <br />into this, the Agenda item and all the information given today <br />would be made part of the record of complaint for this public <br />hearing. He recommended that testimony be taken under oath. <br />Attorney Vitunac asked all those planning to speak to stand <br />and be sworn in. <br />Chairman Macht opened the Public Hearing and asked if anyone <br />wished to be heard in this matter. <br />JUNE 13, 1995 81 <br />M M <br />