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HomeMy WebLinkAbout9/29/1982Wednesday, September 29, 1982 The Board of County .Commissioners of Indian River County, Florida, met in Special Session at the County . Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, September 29, 1982, at 7:00 o'clock P.M. Present were Don C. Scurlock, Jr., Chairman; Alfred Grover Fletcher, Vice Chairman; Dick Bird; Patrick B. Lyons; and William C. Wodtke, Jr. Also present were Gary Brandenburg, Attorney to the Board of County Commissioners; Michael J. Wright, Administrator; Jeffrey K. Barton, Finance Director; and Janice Caldwell, Deputy Clerk. The Chairman called the meeting to order. PUBLIC HEARING - AMENDING RATES & CHARGES - WATER & SEWER The hour of 7:00 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Weekly_ Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a / n the matter of —1-3 �/Jl�!/�l[ 1 ., In the Court, was pub- lished in said newspaper in e issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as secor•d class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period 'of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, cpmmission or refund for the purpose of securing this adver- tisement for publication in the said'hewspaper. Q Sworn to and subscribedore rpe thisi�l"-1/ 1! day of � A. D. /qA� ( 1 � .�, V07usiness Manager) (SEAL) %t -jerk of the CircuitrCourt/—'Tr7dian River County, Florida) EP 2 9 °192 NOTICE OF INTENT TO CONSIDER COUNTY ORDINANCE 1NCREASINGTHE`" RATES AND CHARGES APPLICABLE TO ALL COU NTY -WATBRANRSYSTEMS The Board of County fbmmissioruers mot Indian River County will conduct a public hearing on September 29, 1982 at 7:00 p.m.;in the Commission Chambers at -the County Administration Building, 184025th Street, Vara Beach, Florida to consider, adoption of an ordinance entitled: AN ORDINANCE OF THE BOARD OF .COUNTY • COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDIN19 INDIAN RIVER -COUNTY ORDINANCE No. . ,.80-13 SECTION 6, .RATES AND CHARGES;. INCREASING AND MODIFYING THE RATES AND CHARGES APPLICABLE TO THE INDIAN RIVER COUNTY WATER AND SEWER SYSTEMS; .PROVIDING FOR' IN- CLUSION IN THE CODE,. SEVERABILITY: AND EFFECTIVE DATE. �� : Copies of proposed alternate rate and charge schedules will be available for your inspection In the County Administrator's Office, County - Administration Building, 184025th Street, Vero Beach. Florida. If any person decides to appeal any decision made on the above matter, he -she will need a record of the proceedings, and for such pur- poses, he -she may need to insure that a ver- batim erbatim record of the proceedings is made, which .record includes the testimauy Ala evidence on which the appeal is based. Sept.14,1482-r F 71SEP 29 1982x Ft The Chairman explained that the purpose of the meeting f. was to adopt an ordinance amending Ordinance 80-13 regarding the rates and charges of the County water and sewer systems. He then explained the procedures that would be followed during the course of the meeting regarding the order in which persons would be heard. Administrator Wright then reviewed his memorandum dated September 23, 1982, as follows: TO: The Honorable Members of the DATE: September 23, 1982 FILE: Board of County Commissioners FROM: Michael County . SUBJECT: UTILITY RATES REFERENCES: I recommend for your consideration a water usage charge of $9.00 for the first two thousand gallons and $2.25 for each additional thousand gallons to fund the Utility Department in the 1982/83 fiscal year. It is further recommended that sewer service charges, where applicable, equal water services to a ceiling of 12,000 gallons on residential customers. Commercial customers would not have a'ceiling limit. The estimated revenue will be $1,518,548, or some $6,000 above pro- jected expense of $1,513,526. The proposed rate does not include the usage of impact fees in the operating budget. The revenue projections are based on customers who will be on line October 1, 1982. Attached is a copy of the projected October customers and the probable customers who will become a part of the system during the fiscal year. There is a potential for additional customers, but the total, at best, is an educated guess. The average water utility bill, based on 5,500 gallons of consumption, will be $17.88. The current average utility bill, based on the $7.10/$1.50 rate, is $12.35. The $8.00/$2.00 minimum bill would have been $15.00. Furthermore, I would propose that impact and tapping fees be increased from $650 to $900 with the additional revenue being placed in the escrow • account. There is approximately $350,000 in the account -at present and the additional revenue would be in the neighborhood of $135,000. Should you consider the impact fee proposal, I would further recommend it be instituted on January 1, 1983. This would encourage potential custo- mers to connect to the system prior to the impact fee increase. A proposed schedule is attached. If there are any questions, please contact me at your convenience. Present proposed Impact Plant 294.84 1 550.00 Impact Mains 58.97 60.00 Meter Installation 90.00 90.00 Deposit 20.00 20.00 Vista Royale Peak 463.81 720.00 Average Tapping Fee 186.50 186.50 $650.31 $906.50 ANTICIPATED REVENUE BY CLASSIFICATION 12.50/2.25 Present Commercial Customers: North County (33) Water Sewer Single Family Residential (2,634) $573,053 (593) $129,013 Mufti -Family Units (527) 100,362 (352) 67,035 Vista Royale Base (1347) 277,050 (1845) 276,750 Vista Royale Peak 17,211 17,211 Sub -Total 294,261 293,961 Present Commercial Customers: North County (33) 27,225 (1) .825 South County (90) 79,110 (34) 29,886 Vista Royale (9) 7,911 (7) 6,153 Sub -Total 114,246 361864 SUB -TOTALS 1,031,922 526,873 Service Charges 66,000. GRAND TOTAL $1,674,795 'Q 3,000 gallon base SEP 29 1982 51 Pabc 1 SEP 29 1982 ANTICIPATED REVENUE BY CLASSIFICATION * 11.50/2.25 Water S er Single Family Residential $541,129 $121,S26 Multiv.Family Residential 94,038 62,811 Vista Royale Base 254,610 254,886 I Vista Royale Peak 17,211 17 211 '271 7 Commercial Customers: North County 26,829 813 South County 78,030 29,478 Vista Royale 7,803 6,069 1� 3b 1000 Sub -Totals 1,019 650 493,094 �1,51Z,744 Service Charges 66,000 GRAND TOTAL $1,578,744 3,000 gallon base I ANTICIPATED REVENUE BY CLASSIFICATION 9.00/2.25 Water Sewer Single (2634) 533,543 (593) 120,118 Multi -Family i I (527) 92,520 (352) 61,797 Vista Royale Base (1847) •199,476 (1845) 199,260 Vista Royale Peak 48,640 48,640 Present Commercial: North County (33) 26,730 (1) 864 South County (90) 77,760 (34) 29,376 Vista Royale (9) 7,776 (7) 6,048 Sub -Totals $986,445 $4667103 1, Service Charges 66,000 GRAND TOTAL $1,518,548 * 2,000 gallon base SEP291982 ANTICIPATED REVENUE BY CLASSIFICATION * 8.00/2.00 Residential 12.00/3.00 Commercial Water Sewer Single (2634) 474,120 (598)107,640 Multi -Family (S27) 82,212 (352) 54,912 Vista Royale Base (1847) 177,312 (184S)177,120 Vista Royale Peak ' 43,236 43,236 Tro-InT 220,356 Present Commercial: North County (33) 3S,640 (1) 1,080 South County (90) 103,680 (34) 39,168 Vista Royale (9)- 10,368 (7) 8,064 Sub -Totals $926,568 ,$431 220 1,357,788 Service Charges 66,000 GRAND TOTAL $1,423,788 * 2,000 gallon base ANTICIPATED REVENUE BY CLASSIFICATION * 7.10/1.50 Water Sewer Single Family Residential (2634)(593) 390,358 83,114 Multi Family Residential (527)(352) 68,615 43,802 Vista Royale (1847) (1845) 106,286 94,248 Commercial Customers: North County (33)(1) 18,2SS 553 South County (90)(34) 53,028 20,032 Vista (9) (7) S,302 4,124 J 641,844 245,873 GRAND TOTAL $887,717 * 2,000 gallons base K 51 PA;E4F?7 5 SEP 29 1982 B,X 511. PAGE 1. UTILITY DEPARTMENT EXPENSE Debt Service & Reserve 492,946 R/0 Plant (3) 230,881 Distribution and Maintenance 592,602 Data Processing 75,000 Legal/Administration 25,000 j Capital Outlay 22,700 j Contingency 74,397 TOTAL 1,513,526 Present Residential -Single Family water Sewer North County 782 182 South County i 1,199 138 Sub -Total 1,981 320 Present Multi -Family Units North County 112 55 South County 415 297 Sub -Total 527 352 Vista Royale Sub -Total 1,847 1,845 Present Commercial Customers i - North County 33 1 South County 90 34 Vista Royale 9 7 Sub -Total 132 42 Additional Customers by 10/1/82 Ixora Utilities 273 273 Laurelwood 180 South County 50 Maggie's Trailer Park 16 Tropic Villas North 117 Oak Villas 12 Colonial Heights 2 Colonial Terrace 3 Sub -Total 653 273 TOTAL PRESENT AND ADDITIONAL CUSTOMERS 5,140 2,832 Probable Additional Customers During Fiscal Year Vero :fall 32 Tropic Villas Soutli 40 Pinecrest 4 Luria's Plaza 21 Random Customers 150 .TOTAL 247 Southtown Plaza 22 This has not been built. Orange Terrace 64 There were 92 units buildable, there are 28 units completed and being serviced by the Utilities. They have not started constructic on the other building. Maggie Trailer Park 16 16 We can service these people as soon as the new water plant is runninq. Vista Royale 458 This is based on the total possible amount built in Vista Gardens and Forest Park. Tropic Villas North 117 117 Nle are presently servicing these people sewer - and will be servicing them Crater as soon as possible. TOTAL 1095 176 4 Administrator Wright further explained that the original proposal for $12.50/2.25 was a bit ambitious, and that he now recommended the $9.00/2.25 rate. He continued, after queries from the Chairman, that it was true there was a loss of revenue amounting to approximately $50,000 in 1981, and a loss of $60,000 for this past year, in the Utility Department. Chairman Scurlock commented that approximately 3h weeks ago, he and the Administrator travelled to Gainesville to visit the office of FmHA, who is providing the financing. He added that FmHA would not allow the County additional time to do a full rate analysis in order to generate enough information to look at several options; their extension request of 90 to 120 days was denied. The Chairman commented that they were told to adopt a rate structure that would be acceptable to FmHA, or the process would come to a I� S E P,2 9 1992 7 51 FA 6'j IMPACT FEES BUILDINGS BUILDING COLLECTED PRESENT UNDER REMARKS CONST. Tropic Villas South 16 19 There are 10 buildings in existence presentl; Oak Villas 19 19 Some completed and some under construction. Carmens 65 This has not started construction. I under- stand the density was changed from 65 to 40 units. Colonial Heights 91 5 This development is next to Colonial Terrac" however, we are servicing 5 new customers in Colonial Terrace. Pinecrest 107 0 4 Phase I and II have been developed, Phase III has not even been developed. Hotel 120 Lot is cleared, however there has. not been any further construction. (It was cleared six months ago.) Southtown Plaza 22 This has not been built. Orange Terrace 64 There were 92 units buildable, there are 28 units completed and being serviced by the Utilities. They have not started constructic on the other building. Maggie Trailer Park 16 16 We can service these people as soon as the new water plant is runninq. Vista Royale 458 This is based on the total possible amount built in Vista Gardens and Forest Park. Tropic Villas North 117 117 Nle are presently servicing these people sewer - and will be servicing them Crater as soon as possible. TOTAL 1095 176 4 Administrator Wright further explained that the original proposal for $12.50/2.25 was a bit ambitious, and that he now recommended the $9.00/2.25 rate. He continued, after queries from the Chairman, that it was true there was a loss of revenue amounting to approximately $50,000 in 1981, and a loss of $60,000 for this past year, in the Utility Department. Chairman Scurlock commented that approximately 3h weeks ago, he and the Administrator travelled to Gainesville to visit the office of FmHA, who is providing the financing. He added that FmHA would not allow the County additional time to do a full rate analysis in order to generate enough information to look at several options; their extension request of 90 to 120 days was denied. The Chairman commented that they were told to adopt a rate structure that would be acceptable to FmHA, or the process would come to a I� S E P,2 9 1992 7 51 FA 6'j f SEP 291982 Bea 51 F:!="'' 0'0 stop. He advised that the County 4s debt had increased to almost one-half million dollars. 11 Commissioner Bird asked for an explanation on how the $6 million, under discussion, was spent. Joseph Baird, Utility Department, advised that it was for the new reverse osmosis plant in South County, and for related water mains. He added that this system would go into the deeper levels to obtain water. The Chairman interjected that money was also spent to purchase Treasure Coast Utilities and Ixora Utilities. Commissioner Lyons noted that Vista Royale had some problems regarding metering and wondered if any of those things had been considered in the rate matter. Administrator Wright responded that they had looked into the problem. Commissioner Fletcher asked if the Vista system could carry itself with the current rates. Administrator Wright commented that he did not have that data with him in order to respond. Mr. Baird interjected that at the present time it might be able to, but the Vista system was getting old and would need to be refurbished to remain operable in the future. Commissioner Bird noted that a great percentage of the people present tonight were from the Vista area and felt it would be helpful for them to hear a brief history of events that occurred in their area. John Robbins, consulting engineer for the County, volunteered to shed some light on this and explain how the Vista system began. He continued that he -had -been involved with this system since 1978, when the Board wanted to eliminate certain problems and to correct violations relating to water in the South County area. At that time, there were various franchises experiencing difficulties. The initial concept behind the South County water system was to provide longevity of service, fire protection, and to improve the drinking water; the Board authorized that a municipal service taxing district be established. About $9.2 million was associated with water projects and with the funding source coming from the Government, the County filed a pre -application to determine at what level their loan would be from FmHA. The County received a 14% grant, which amounted to $796,900; in combination with the $5.8 million, it established the funding nucleus for the construction that is now underway. In 1979, there were 2,886 residential connections, and a particular rate was determined as being the one necessary to pay back FmHA under the then existing bond resolution. Since 1979, and the actual approval of South County Water System by FmHA, many things have changed. In providing a water system for a metropolitan area and fire protection, they looked at the long term, net effect of the water resource. The Vista water system had wells east of U.S. #1 and the growing concern at the time was if pumping continued at a large quantity, there was a potential for salt water intrusion. Once salt water intrusion enters a wellfield, there are only one or two procedures for improving it. So, from the very outset in planning, it was recommended that the Vista Properties water plant remain in line until the water quality began to degrade. �Mr. Robbins continued that the entire Vista Properties area was to be incorporated and be furnished water from the South County water plant. When the pre -application was filed with FmHA, the revenues were pledged to secure the loan from FmHA, and FmHA stated that the County would have to demonstrate how they were going to pay the loan. 51 PACE �1 SEP 29 1982 ax 9 SEP 291992 Chairman Scurlock reviewed the Letters of Conditions r• from 1977 to 1980. The Board did not adopt the rate structure of $8.00/2.00 that was, in Engineer Robbins' analysis when they adopted Ordinance 80-13; therefore, the confusion arose. He continued that the auditing firm did not point out to the Board that their bond requirements were not being met. The Chairman then quoted minutes of previous meetings where the rate structure had been discussed. Mr. Robbins commented that at the time the Board adopted Ordinance 80-13 using the rate structure of $7.10/1.50, they contacted FmHA in order to find out how they felt. FmHA's response was that the County could charge the rate indicated in Ordinance 80-13 but just before closing on the loan, they would have to be in compliance with the Letter of Conditions. Lengthy discussion followed, and it was emphasized-=, that from the very beginning, the Board entered into an agreement with Vista Properties to convey their system to the County. William J. Lehr, Jr., Vista Royale Association President, came before the Board and requested the following be made a part of the minutes: M William J. Lehr, Jr., President Vista Royale Association, Inc. 103-205 Royal Oak Drive Vero Beach, Florida, 32960 September 29, 1982 Don C. Scurlock, Jr., Chairman County Commission Administration Building 1840 25th Street Vero Beach, Florida 32960 Dear Chairman Scurlock.: Within the past few days, our Association has of the proposed increase in water -sewer rates, will have a drastic affect on the residents o You should be aware of the general background uation in..Vista Royale in order to fairly set to cover our particular -.circumstance. learned which f Vista Royale. of our sit - water -sewer rates As you probably know, the water -sewer system servicing Vista Royale was=built by the developer of this condo- minium, Vista Properties, Inc. We believe it fair to assume that the cost of the systems was passed on the purchasers of the.individual units in Vista Royale. Ob- viously, Vista. -Properties was a profit making corporation, and not in business to build water -sewer systems for free. The water and sewer.system was then turned over to the County for the payment of $1.00. All buildings in Vista Royale are serviced by a master meter.. Each of the 108 buildings has 14 units with cor- responding 108 meters. The 108 meters are read by the County, and then one check is sent from the Association to the County for our water -sewer charge. The Association collects the necessary funds from the residents, and budgets for that purpose. Averaged over a one year period, there are approximately 42,000 gallons of water consumed per building per month. Under the present rate structure, there is a charge of $7.10 for the first 2,000 gallons per building, with $1.50 for every 1,000 gallons utilized over the 2,000 gallon base. The sewer rate is approximately 87% of the water rate. At this rate, the residents of Vista Royale are S E P 2 9 1992 11 w . 51 ?k;-, 473 SEP 29 1982 ' six 5,1 XPi F 7 • Don C. Scurlock, Jr., - 2 - September 29, 1982 Chairman paying approximately $164,000.00 per year for water -sewer services, and we have budgeted for this amount. Under the County's proposal for each apartment of some gallons and $2.25 for each amount, our residents will a year. This is an increase of County can justify an increase based on the sewer system. We know ture, Vista Properties at a profit. in which there is a charge $9.00 for the first 2,000 1,000 gallons over the base be paying approximately $400,000.00 148%. We question whether the increase of 148% or any substantial cost of operating our water and that under the existing rate struc- operated our water -sewer system Our Association received numerous assurances when the County began operating our system that there would be no impact fee or substantial increases in rates. It now appears the County is attempting to place the main cost of expansion and operation of the new water -sewer pro- gram undertaken by the Coulity on the shoulders of the present users of water and sewer. It so happens that most of these present users are in -the Vista Royale com- plex. We think it unreasonable that the County can attempt to start the massive undertaking of servicing the south County area with water and sewer and expect it to be on a "profit making" basis within the first year -or -so of operation. We have no objection to paying our fair share. We be- lieve Vista Royale has a unique situation in which our water -sewer plant was basically paid -for by the residents. We have a unique metering system, which the County knew at the time the system was taken over, and which there are master meters for each building. We have numerous people who spend only a short period of time within our condominium development during the year, which means there is a substantial variation in water -sewer usage and re- quirements, which is not taken into account in any pro- posed rate structure. Additionally, we have received assurances from County officials numerous times that we would'be fairly treated, which means to us that our present and ongoing rate structure should bear some re- lation to the water -sewer charges that have been made in the past. There may be some alternative to placing the whole load on the existing users. One alternative may be a taxing district that would cover the areas to be sold. -Obviously, Don C. Scurlock, Jr., - 3 - Chairman i September 29, 1982 land owners will benefit from the ability to receive water and sewer services; and should pay some proportional share of the expenses.- A special taxing district could balance the interests of the present users with those future users, who also have a substantial -benefit from the present system. Some members of our Association would like to explore the possibility of buying our system back from the County. Obviously, it is our opinion that we could operate the system more economically and efficiently then apparently the County is willing or able to do. It has been our experience that'we have had very few problems with water and sewer services in the years the system has been in place. It is impossible to outline all of the considerations that should be given to the residents of Vista Royale in this letter. As mentioned above, we have only recently learned of the County's proposal for massive increases; and we need additional time to explore alternatives to the proposed increases in rates. We would like an op- portunity to.obtain our own water -sewer rate specialist to work with the County in establishing a reasonable and fair_rate structure. We would also like to explore the possibility of buying,our system back from the County and the establishment of a taxing district to fairly spread the water -sewer costs. We respectfully request the County delay any rate.increases for a period of 30 to 60 days, so we can fully explore the alternatives. Information as to costs of the system has been availab�e to the County administration for a considerable period of time, and we believe some small delay -in forcing and proceeding with an unfair and dis- criminatory rate would be appropriate at this time. .1 SEP -29 1992 Sincerely, WilliamLehr, Jr., President Vista Royale Association, Inc. 13 ox 51 PA -E 70 SEP 2 9 1992 sax 4 76 Mr. Lehr then inquired what was the Board's target date t• for taking a vote on this matter. - Administrator Wright explained to him that action would have to be taken tonight as there was a closing tomorrow in Jacksonville. Robert L. Gaskill, 28 Forest Park Drive, approached the Board and commented that Vista Properties would be absorbing the impact of Whispering Palms Subdivision, and others. The debt service was going to be absorbed by water and sewer and they would be getting no benefit from the sewer. Mr. Gaskill wanted to go on record, on behalf of Vista. Properties and Vista Royale, that they opposed this drastic rate increase. Ellis Duncan, Vista Royale, commented that their association consisted of 1,512 condominium apartments, and the residents were upset. He urged the Board to have consultants make additional studies in this regard. He informed the Board that their association had been discussing the possibility of buying the Vista system, and hoped the Board would give this some consideration. Mr. Duncan pointed out that at present there was a new trend towards apartments and condominiums, and time-sharing apartments are also popular. He felt .these should be recognized and possibly a new classification could be established for them. Mr. Duncan discussed- the various apartments that are located at the Vista site; he believed that every family should have 3,000 gallons of water, and pay a minimum fee for it. He urged the Board to make an exception and not sign anything tonight and call in the experts. Chairman Scurlock noted that immediately upon becoming aware of a rate adjustment, the Board authorized the Adminis- trator and his staff to do a full in-depth analysis; the 14 Board.was still committed to this project. It would be done with the thought of an adjustment in rates, as needed. Commissioner Fletcher asked the audience how serious they were about operating the Vista system instead of the County operating.the system. There were various shouts from the audience which indicated they were very serious. Henry Donatelli, 810 8th Street, owner of Su Rene Mobile Home Park, talked about the rate structure and stated that he would pass on any increases to his customers. Myra Taylor, 566 23rd Avenue, inquired if there would be a hearing concerning Laurelwood Subdivision. The Chairman pointed out that Laurelwood was not yet on the County system; Peter Robinson still had the franchise for that subdivision. Lengthy discussion followed regarding Ordinance 80-13. Charles Ripley, 560 W. Forest Trail, Forest Park, came before the Board. He commented that with the rate increases, he would be paying more per year for.water and sewer than on taxes for his home. Mr. Ripley suggested that the Board reconsider their rates, and maybe Vista should take back the system. Don Hommell, 97 Springlake Drive, Vista Royale, stated that he had been in the water business for 25 years. He pointed out that so far he had not heard any expression as to the quality of water - it might show the benefits of being on the new County system. Mr. Robbins responded that, indeed, the water quality would be much better, and he explained the chemical analysis of the South County reverse osmosis water plant. Mr. Hommell interjected that the quality would be quite superior to the water presently in the area, and will, in .p the long run, save money for the residents. SEP 2 9 1992 15 BDit51 Pace[ � 7 SEP 2 91982 8 � 51 pn.x`78 A resident at 555 Citrus Road stated that he was a retired consulting engineer in the water treatment field. He spoke of the reverse osmosis plant as compared to the City of Vero Beach plant. After obtaining figures from several California companies, he felt the County rates were too low, and that the County should be warned of this fact when the plant was put into operation. John Koch, 6 Vista Palm Lane, spoke about the, subdivision when it was originally planned years ago. He hoped the Board would have a study made and that their area would get a better rate structure in the future. Lengthy discussion followed, and it was determined that the County was striving to have a uniform rate structure. A resident at 2520 6th Street, Laurelwood, complained about the County charging such high rates; he urged the Board to reconsider as he felt the rates were outrageous. Howard Walton, 2240 4th Street, Laurelwood, wondered if they were paying now for 25 years into the future. Peter Lembo, 3424 -SW 2nd Street, was distressed that his water bill would be increased to almost $35.00 a month, and wondered what he would be getting for this increase. Mr. Baird, Utilities Department, interjected that he would be getting better water. Mrs. Lembo displayed a jar of water obtained from her residence in Ixora Park, and complained about it. Attorney Brandenburg talked of the possible consequences that could occur if the County defaulted in paying their debt. He stressed that their bond rating would be heavily affected and interest would start running from the first day of the default. Discussion ensued. Chairman Scurlock pointed out that since purchasing the new system, the people in Whispering Palms now do not have raw sewerage in their back yard, as they once did. He also noted that, as Commissioner Wodtke indicated, the Board had an ability to raise the rates two years ago and the customers could have been paying $8.00/2.00 since that time. Victor Hart, P. O. Box 5193, Gifford, expressed concern about the entire situation. He commented that he had been involved in trying to get good water in the Gifford community since 1968. Mr. Hart stated that the residents were concerned about the bond issue and they felt the Gifford and the Vista Royale areas were being penalized as nothing would be improved there at this time. Mr. Hart felt this could not be justified. Mr. Baird commented that FmHA requires that the County have a County -wide rate. Commissioner Fletcher felt the question was: Do we honor the commitments that were made by others prior to us? Mr. Hart suggested that we take a look at the earlier commitment. Back in the 1960s and 1970s, they were willing to pay whatever it cost to get water - they went to the City and the City said the Gifford residents should go to the County. He wanted to know why the Board was asking the residents in Gifford and Vista Royale to pay $8.00/2.00 and still continue to get the same type of service. Mr. Hart wondered why other developments could not be made into separate taxing districts. He did not want the Board to charge them more and get nothing in return. Commissioner Lyons felt Mr. Hart made a very good point, but we are all one system and there has to be one rate for that system. He pointed out that being a single system has created certain problems but we all must remember where the water is coming from and that it will be a reliable supply. The Chairman reviewed the background of funds that had been committed for water and waste water over the years. S EP 2.9 1982 17 #01, 51 ?AG -L 9 SEP 29 1982 ' 5 BQDX %�� 1. Mr. Hart stated, after doing some research, that the County rate for water was the highest in the United States. - Mr. Robbins disagreed; there are higher rate structures that exist in Florida today, such as in Key West, for example. Lengthy discussion followed regarding reverse osmosis plants. A resident of 5 Vista Palm Lane approached the Board and stated he knew that the County would eventually be taking over the water system in their area. He commented that he would be happy to pay his bill at the old rate, until the wells were thought to be no longer usable. The resident talked about cities and companies defaulting in the past, but after setting up a new structure, they were able to overcome their difficulties. He felt the FmHA was dictating to the County and that they should give the County a chance to restructure - he was in favor of defaulting. Bernice Johnson, Gifford resident, inquired about the rate structure. The Chairman affirmed that it would be $9.00 for the first 2,000 gallons and $2.25 for every 1,000 gallons thereafter; it would be a uniform rate structure. ON MOTION by Commissioner Bird, SECONDED by Commissioner Fletcher, the Board unanimously agreed to close the Public Hearing. Commissioner Bird commented that this was a very complex matter. He briefly reviewed the history, and noted that from the very beginning, the Board knew that when the system was built and completed, it would take a certain customer base to cover the expenditure. The Board made that commitment, the project is completed, and the bill is due. Commissioner Bird stated that in order to pay that bill, the Board must commit themselves to repay the loan granted.to it from FmHA. He pointed out that when you add the debt service and the operating expenses and divide the number of customers there are, you come out with a rate structure of $9.00/2.25. Commissioner Bird stated that the bill is due and payable and the good faith and reputation of the County must be considered. He could not, in good conscience, put the County in a position to default. Commissioner Fletcher stated that he had always been voting no on centralized water systems. He referred to the people in the Vista area who wanted to run their own system; he felt that commitment would be up to them. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board adopt Ordinance 82-22 amending Ordinance 80-13, increasing the rate structure to $9.00/2.25, with the understanding that staff proceed without delay to obtain a rate study, taking into account the unique situation at Vista Royale, Gifford and Laurelwood; and investigate the possibility of untangling from the single to a divided system concept. Commissioner Lyons noted that Vista Properties was saving the County a great deal of money just from their collection efforts and this fact should be considered, with possibly a rebate. He advised that he would not vote to default on payment of the debt. Commissioner Lyons felt all of the customers would.be better off having a County system. Commissioner Wodtke referred to the previous Boards and made comments about the old UDU system in Gifford, the taps made on 6th Avenue, and the fact that the City furnished water to the County for a short term. The Board knew that S EP.2 9 1982 19 fix, 51 PAGE481 S E P 2 9 1982 max it had to get into the water business in order to serve the people, taking into account their health, welfare and safety. Commissioner Wodtke discussed the engineering study and that it was determined to use the reverse osmosis system. He pointed out that in 1979 when the Board made the commitment to build a plant, there were considerable discussions and FmHA, the bond counsel, and the CPA firms encouraged the County to have a uniform system. Commissioner Wodtke noted that the County purchased two very poorly run systems and they now have the responsibility of serving those -people and addressing the sewerage problems. He stated he also would not default on the Board's commitment. Commissioner Wodtke suggested that if it was possible, he would not want to close tomorrow; but if not, he would like to amend the motion to have a rate structure of $8.00/2.00 and use the funds from the impact fees to pay the expenses. The amended motion died for lack of a second. Lengthy discussion ensued. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried with a vote of 3 to 2, with Commissioners Fletcher and Wodtke voting in opposition. INDIAN RIVER COUNTY ORDINANCE NO. 82-22 AN ORDINANCE OF THE BOARD OF COUNTY -COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY ORDINANCE NO. 80-13 SECTION 6, RATES AND CHARGES; INCREASING AND MODIFYING THE RATES AND CHARGES APPLICABLE TO THE INDIAN RIVER COUNTY WATER AND SEWER SYSTEM; PROVIDING FOR INCLUSION IN THE CODE; SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County has determined that it is in the best interest of the citizens of Indian River County to provide a water and sewer system that is self sustaining and does not rely upon other sources of revenue, and WHEREAS, the County Commission has determined that a rate increase is necessary to meet the current obligations of the water and sewer system and the requirements of the bond resolu- tions issued as the basis of the financing for the system. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: gRrTTnN 1 _ Indian River County Ordinance No. 80-13, Section 6, RATES AND CHARGES (a) Schedule. is hereby amended to read; (a) Schedule. The following rate schedule is hereby adopted by the Board of County Commissioners; WATER Up to 2,000 gallons per month . . . . . . . . . . . . . $9.00 For all usage over 2,000 gallons the charge per 1,000 is equal to . . . . . . . . . . . . . . . . . . . . . 2.25 The minimum base rate charge per unit per month . . . . $9.00 SEWER Residential All sewage rates are calculated upon the respective water consumption per unit. Up to 2,000 gallons per month . . . . . . . . . . . . . $9.00 All usage over 2,000 gallons per -month, charge per each 1,000 additional gallons (up to 10,000 additional gallons maximum). . . . . . . . . 2.25 The minimum base rate charge per unit per months is . . . . . . . . . . . . . . . . . . . . . . $9.00 -1- SEP 2.9 1982 got 51 ?AGIE483 F -SEP 2 91992 Commercial 1 seas F)4 Including schools, public buildings, churches, service stations, retail stores, and all nonresidential services . . . . . . . . 100% of water bill. r• SECTION 2_ INCORPORATION OF ORDINANCE IN COUNTY CODE. Provisions of this Ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this Ordinance may be renumbered or relettered to accomplish such intentions. SECTION 3. SEVERABILITY In the event any section, paragraph or phrase of this Ordinance is declared invalid by a court of competent jurisdic- tion, such section, paragraph or phrase shall be deemed a separate provision of this Ordinance and shall not affect the validity of other parts of this Ordinance. SECTION 4. EFFECTIVE DATE The provisions of this Ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this Ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida this 29th day of September, 1982. INDIAN RIVER COUNTY , BY..' ITS, BOARD OF COUNTY COMMISSION 'S, By G DON C. SCUR OCR; JR. Chairman Acknowledgment by the Department of State of the State of Florida this day of 1982. Effective Date: Acknowledgment from the Department of State received on this day of , 1982,-at-A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED TO FORM AND LEGAL ICIE By r G Y ARED_ErBVq, County Attorney Commissioner Fletcher felt the Board was denying people the right to run their own system. Discussion followed along those lines. Commissioner Lyons felt it would be.a mistake if Vista left the County system. Commissioner Wodtke pointed out there would be problems with salt water intrusion. The Chairman commented that when the analysis is completed with the consulting firm, there is a possibility that more customers can be found to be included in the system. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board add an emergency item to the agenda regarding the library. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and failed with a vote of 4 to 1, with Commissioner Fletcher voting in opposition. There being no further business to come before the Board, on Motion duly made and seconded, the meeting adjourned at 10:55 o'clock P.M. ATTEST: Clerk 9 ,1 y .. .�� 0 Chairman IV . S E P 2 9 198Z. 23 .GER, 51 tA465