2/3/1987 - Laserfiche WebLink

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RECOMMENDATION The outstanding escrow impact fees due total $31,070.00. The staff of the Division of Utility Services requests that the Board of County Commissioners give written notice to the River Run Utility of the deficiencies, hold a public hearing, and levy liquidated damages of no less than fifty dollars ($50.00) per day that said deficiencies exist. Henry Muller, developer of River Run, emphasized that he is not against compliance; he does support reasonable impact fees; and he is paying them now, but his project has gone slowly. Mr. Muller claimed the present situation is one that developed due to an oversight of the Utility Department some time back. He explained that when he applied for a permit to build a clubhouse at River Run, it resulted in the discovery that impact fees were not being collected from any of the developments in accordance with the franchise agreements. He argued that some of these developments like Pelican Pointe, which has hundreds of units, were paying no impact fees whatsoever', and this put River Run, which is much smaller, in an unfair competitive position. Apparently since then they have worked out some agreement, but Mr. Muller argued that because of their size, they were more out of kilter than he was. Mr. Muller stressed that River Run had a prior agreement with the Utility Department which they have lived up to from the beginning. He noted there is only one building in question. This building has 24 units, nine of which have been sold, and it was agreed they would pay the fees for each unit on its closing. This is not in compliance with the terms of the franchise, but this was arranged earlier; they have been living up to that agreement and would like to continue to live up to it on the remaining 13 units. Chairman Scurlock asked why the County should finance Mr. Muller's project, and Mr. Muller stated that the County is not; they now are paying the impact fees in advance on all new construction. 31 BOOK 67 11 = i