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Home My WebLink About12/12/19731 WEDNESDAY, DECEMBER 12, 1973 THE CHAIRMAN FURTHER STATED THAT OIL DISTRIBUTORS WERE INVITED TO ATTEND THIS MEETING. PRESENT WERE .JOE EARMAN OF EARMAN OIL COMPANY AND JOHN GLAZE OF TREASURE COAST OIL INC. MACMILLAN OIL COMPANY INFORMED THE CHAIRMAN THAT -THEY COULD NOT HAVE A REPRESENTATIVE HERE TODAY, PSR. EARMAN STATED THAT THERE ARE DISTRIBUTORS WHO ARE NOT SUPPLYING THEIR DEALERS WITH HOME HEATING FUELS, WHO IN TURN CANNOT SUPPLY THE CONSUMER WITH HEATING FUEL. IT WAS FURTHER STATED THAT UNDER THE FEDERAL MIDDLE DISTILLATE FUEL ASSOCIATION PROGRAM, A DEALER CAN ONLY SUPPLY CONSUMERS WHO HAD PURCHASED HEATING FUEL FROM HIM EXACTLY A YEAR AGO.•AND SINCE THERE fACE34Q C. 12 1973 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN SPECIAL SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, DECEMBER 12, 1973 AT 8;30 O'CLOCK A.M. PRESENT WERE ALMA LEE Loy, CHAIRMAN; EDWARD J. MASSEY, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; JACK U. DRITENBAS; AND RICHARD P. BOGOSIAN. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR; PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS WAS ABSENT AND ATTORNEY GEORGE C. COLLINS, JR. REPRESENTED THE BOARD IN HIS ABSENCE. ALSO PRESENT WERE L.S. THOMAS, COUNTY FINANCIAL COORDINATOR; ROY KIRKLAND AND ELIZABETH FORLANI, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER AND STATED THAT THIS MEETING WAS CALLED AS A RESULT OF THE CURRENT SHORTAGE OF HOME HEATING FUEL. LETTERS HAVE BEEN RECEIVED FROM THE STATE ASSOCIATION OF .COUNTY_ COMI.SSIONERS AND GOVERNOR REUB.IN Q'D. ASKEW REQUESTING THE BOARD TO CONSIDER THE ADOPTION OF AN ORDINANCE, ON AN EMERGEN LY BASIS, RELATIVE TO THE APPOINTMENT OF A COUNTY FUEL ALLOCATION OFFICER. THE FUEL ALLOCATION OFFICER WOULD '-- HANDLE ALL PAPERWORK INVOLVED, ..TO ASSIST THE CONSUMER, AND TO REFER THEIR PROBLEM TO FUEL OIL DISTRIBUTORS WHO HAVE STATED THEIR WILLINGNESS TO WORK WITH THE BOARD DURING THIS FUEL EMERGENCY, THE CHAIRMAN FURTHER STATED THAT OIL DISTRIBUTORS WERE INVITED TO ATTEND THIS MEETING. PRESENT WERE .JOE EARMAN OF EARMAN OIL COMPANY AND JOHN GLAZE OF TREASURE COAST OIL INC. MACMILLAN OIL COMPANY INFORMED THE CHAIRMAN THAT -THEY COULD NOT HAVE A REPRESENTATIVE HERE TODAY, PSR. EARMAN STATED THAT THERE ARE DISTRIBUTORS WHO ARE NOT SUPPLYING THEIR DEALERS WITH HOME HEATING FUELS, WHO IN TURN CANNOT SUPPLY THE CONSUMER WITH HEATING FUEL. IT WAS FURTHER STATED THAT UNDER THE FEDERAL MIDDLE DISTILLATE FUEL ASSOCIATION PROGRAM, A DEALER CAN ONLY SUPPLY CONSUMERS WHO HAD PURCHASED HEATING FUEL FROM HIM EXACTLY A YEAR AGO.•AND SINCE THERE fACE34Q C. 12 1973 ARE DEALERS WHO ARE NOT BEING SUPPLIED WITH HEATING FUEL FROM THE DISTRIBUTORS, THE CUSTOMERS THEY SERVICED A YEAR AGO ARE NOW WITHOUT FUEL AND NO OTHER DEALER CAN SERVICE THEM UNDER THIS PROGRAM, THE BOARD ASKED MR. EARMAN IF HE COULD SERVICE ADDITIONAL CUSTOMERS AND MR, EARMAN SAID HE COULD THROUGH THE MONTH OF DECEMBER. THE BOARD DISCUSSED APPOINTING A COUNTY FUEL ALLOCATION OFFICER AND COMMISSIONER DRITENBAS SUGGESTED THE BOARD CONSIDER THE CIVIL DEFENSE DIRECTOR TO HANDLE THIS FUEL ALLOCATION PROGRAM. THE BOARD AGREED WITH COMMISSIONER DRITENBAS` SUGGESTION BUT SINCE THIS POST HAS BEEN VACATED AND THE BOARD IS IN THE PROCESS OF REVIEWING APPLICANTS TO FILL THE POSITION OF CIVIL DEFENSE DIRECTOR, IT WAS AGREED THAT ON"A TEMPORARY BASIS, AN APPOINTMENT BE MADE TODAY FOR A COUNTY FUEL ALLOCATION OFFICER. 0 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING ORDINANCE ON AN EMERGENCY BASIS AND APPOINTED L.S. THOMAS AS COUNTY FUEL ALLOCATION OFFICER. -2- eoox 18 PAGE347. a INDIAN RIVER COUNTY ORDINANCE No. -73-14 An ordinance relating to exceptional hardship allocations of home heating fuels (kerosene and Numbers 1 and 2 Burner Oils); designating a County Fuel Allocation Official and prescribing his duties with respect to household consumers and wholesale dealers to make deliveries and requiring accurate records to be maintained; pro- viding an effective date and providing further that orders for deliveries shall not be issued after March 31, 1974. WHEREAS the federal Mandatory Middle Distillate Fuel Assoca- tion Program has been in effect since November 1, 1973, under regula- tions promulgated pursuant to an amendment to the Economic Stabilization Act of 1970; and WHEREAS the federal program, with which the State is cooperating, requires each supplier of middle distillate fuels to allocate and supply to his wholesale customers or dealers of record the volume delivered or sold them in the corresponding months of 1972 (or a proportional share if he has less available than in 1972), and requires each wholesale dealer to treat all consumers (end-users of fuel) fairly and equitably; and a WHEREAS shortages in middle distillate fuels, including home heating fuels, threaten emergency conditions and this County has a duty acid responsibility to cooperate with the federal and state governments to alleviate to the extent possible all exceptional hardships which the citizens of this County may suffer; and WHEREAS many household consumers who purchase small quantities of home heating fuels periodically may have unusual difficulty in finding and purchasing the fuel needed for.home heating during severe cold weather periods during the current winter; and WHEREAS the Governor of the State of Florida has urged each County to identify and empower a county fuel allocation official or unit _ to assist local -consumers of small quantities of home heating fuel to obtain a minimum necessary supply of fuel on a fair and equitable basis and thereby alleviate unnecessary suffering and hardships: eoo 18 Pa. 348 �T p NOW THEREFORE, Be it ordained by the Board.of County Commissioners of Indian River County, Florida: Section 1. The County. Fuel Allocation Official for Indian River County shall be L. S. Thomas or his appointed successor, who shall perform the following functions within the County: (a) Identify all wholesale dealers in the County who supply or sell to household consumers middle distillate fuels used for household heating (kerosene and number 1 and number 2 burner oils), and identify any reserves of such fuels in the County that may be available in an emergency. (b) Provide assistance to household consumers who pur- chase and store home heating fuels and who have been otherwise unable to get a wholesale dealer to voluntarily supply their minimum fuel needs. (c) To require wholesale dealers -in the County on an equitable rotation basis (or within designated service areas of the County) to allocate and deliver the necessary fuel to designated household consumers as determined by the County Fuel Allocation Official. ,(d) To keep such records and to prescribe the records to be kept by the wholesale dealers, using the forms prescribed by the State Allocation Official which will accurately reflect the monthly quantities of household heating fuel allocated pursuant to his operations. (e) To certify monthly to the State Allocation Official, in support of the request of a wholesale dealer for a temporary additional allocation from the State reserve, the quantity of household heating fuel delivered pursuant to his order. (f) To advertise, publicize and otherwise make known to the general public that his services are available for this purpose. (g) To cooperate with other Counties and County Fuel Allocation Officials to the maximum extent to carry out the purposes of this ordinance. BOOK 18 MAO Section 2. The meanings of terms contained in this ordinance, all interpretations of it and all actions taken pursuant to it shall be consistent with the Federal Mandatory Allocation Program for middle distillate fuels (EPO Reg. 1 Federal Repi.ster, Tuesday, October 16, 1973, Vol. 38, No. 199, p. 3), the designation of the State Allocation Official for Florida under Executive Order Number 73-69, and the actions of the State Allocation Official pursuant thereto and pursuant to State law. Section 3. This ordinance shall be immediately certified by the Clerk of the Board to the Department of State and shall take effect upon receipt of official acknowledgement from that office that it has been filed, or, if adopted as an emergency enactment, upon its mailing by Special Delivery and Registered Mail to -the Department of State. No delivery or orders for delivery shall be required under authority of this ordinance. after March 31, 1974. Section 4. Adopted this 12th day of December, 1973, on -an emergency basis, by the unanimous vote of all five county commissioners. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Alma Lee Loy, Chairman ATTEST: Ralph HaX�is, Clerk of Circuit Court -5- 1973 5- i3 �.. BOOK 18 PA 3� &E O ft THE BOARD DISCUSSED INFORMING ALL APPLICANTS FOR THE CIVIL DEFENSE DIRECTOR POSITION OF THE ADDITIONAL DUTY OF FUEL ALLOCATION OFFICER. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN AND L.S. THOMAS TO SET UP AN INTERIM OFFICE AND IMPLEMENT THE PROGRAM PROCEDURES, THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 10:05 O'CLOCK A.M. AT THE REQUEST OF THE MAJORITY OF THE BOARD, THE MEETING RECONVENED AT 10:10 O'CLOCK A.M. WITH ALL COMMISSIONERS PRESENT. ATTORNEY GEORGE COLLINS LEFT THE MEETING AT 10:05 O'CLOCK A.M. COMMISSIONER DRITENBAS DISCUSSED THE BID FOR COURTHOUSE ALTERATIONS RECEIVED FROM K.D. HEDIN CONSTRUCTION IN ACCORDANCE WITH THE PUBLIC NOTICE STATED IN THE MINUTES OF DECEMBER 5, 1973. COMMISSIONER DRITENBAS STATED THAT THE BIDS WERE EVALUATED BY THE BUILDING COMMITTEE, JOHN SCHLITT, JACK G. JENNINGS AND HIMSELF AND IT WAS THE COMMITTEE'S RECOMMENDATION THAT THE BID OF K.D. HEDIN CONSTRUCTION CO. IN THE AMOUNT OF $111,800.00 AND ALERNATE "A", REROOFING OF THE ENTIRE COURTHOUSE IN THE AMOUNT OF $14,800.00 BE ACCEPTED AND THE ALTERNATE "B", FIRE ESCAPE FOR THE CIRCUIT COURTROOM HE HELD IN ABEYANCE. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF K.D. HEDIN CONSTRUCTION COMPANY FOR COURTHOUSE ALTERATIONS IN THE AMOUNT OF $111,800.00 AND ALTERNATE "A", REROOFING OF THE COURTHOUSE IN THE AMOUNT OF $14,800.00 AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE SECONDED AND CARRIED, THE BOARD ADJOURNED AT 10:25 O'CLOCK A.M. ATTEST: 1 /CLERK -6- CHAIRMAN BOOK 18 PAcE351