3/26/1991 - Laserfiche WebLink

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ANALYSIS• The Department of Utility Services has provided "Notice to Connect"' to ARCP, pursuant to Section 20 of Resolution.74-78. The Department Of Utility Services and ARCP have negotiated the attached agreement to effect the connection to the Indian River County water and wastewater system, and set forth a payment schedule for water and wastewater impact fees. ECOMMENDATION: The Staff of the Department of Utility Services recommends that -the Board of County Commissioners approve the attached agreement between Indian River County and American Retirement Communities Partnership for the connection- of ARCP to Indian River County water and, wastewater facilities and authorize the execution of the agreement by the Chairman of the Board of County Commissioners. Chairman Bird asked how this would affect the residents and Director Pinto commented that, since we are dealing with the park owner, we don't know how it is going to affect the residents. Commissioner Scurlock felt it would ultimately be passed on to the residents as is the usual procedure with rental property owners unless the lease arrangements can be construed otherwise. Director Pinto recalled a letter which indicated that by the park owner moving immediately he will be circumventing future impact fee increases as far as wastewater so, if anything gets passed through, it will be passed through at a lesser amount because of this agreement. County Attorney Vitunac referred to Paragraph VI, IMPACT FEES, of the Agreement and advised that if we just made the developer pay the County a certain percentage, 150 or 20%, of the outstanding impact fees, and uncoupled this agreement from the sale of units in the park, that would remove us even further from the problem between the developer and mobile home owner. In other words, not require an impact fee at the sale of each unit but just require that the developer give the County the fees for 43 units per year, a minimum of 43 units per year, period, and not require the money at the time of sale, because that requirement is what is tying the fee to the mobile home owner. Commissioner Scurlock brought up the point that Utilities has been receiving checks from the renters on their personal checking accounts, which he had previously thought was not happening. Director Pinto explained that people are coming in, they want to pay an impact fee on behalf of the park owner, but in no way do they want that money to go through the park owner; they insist we take the money. So, we take the money and notify the park owner. Chairman Bird was sure their intent is to vest themselves at today's rate, and there is nothing wrong with that. 35 //fi�r �•o BOOK FK;r V