|
F,
<br />MAY 14 1991
<br />BOOK 83 FAU'EJ11
<br />completed. $500 per month was also to be paid for main extension until a
<br />total of $27,424 was accumulated. The amounts derived from the $227 per
<br />unit and $500 per month were to be deposited in a separate escrow account.
<br />The $70 per unit and $500 per month amounts in the franchise are referred to
<br />as contributions in aid of construction in Ordinance 80-21. Additionally, $500
<br />per month was to be paid into a separate repair and/or replacement account
<br />until a total of $30,000 had been paid.
<br />The park site plan was approved May 22, 1980 by the Planning and Zoning
<br />Commission (13 - 17) .
<br />On July 20, 1981, the Treasure Coast Regional Planning Council Development
<br />of Regional Impact Report was issued (51 - 57) . The DRI stated the
<br />Council's policy discouraging the proliferation of package wastewater treatment
<br />plants. The report further indicated, since there was no other option
<br />available the package plants were approved but considered temporary until
<br />the development could be served by a regional county facility.
<br />A review of the Building Department microfilm records indicated that the first
<br />recorded permit for a mobile home was issued on September 1, 1981 (13 - 17) .
<br />The first recorded payment by Florida -Atlantic was not received until
<br />September 9, 1982 (114).
<br />Joe Baird was hired as the Utilities Adminstrative Manager on June 7, 1982.
<br />He has indicated that at that time he found the County had in excess of 80
<br />utility franchises, franchise administration was weak and a- number of
<br />franchises, including Phase IV, were delinquent in payments. His primary
<br />responsibility, initially, was to correct the situation. Terry Pinto was hired
<br />as Utilities Director on September 17, 1982.
<br />The question of Phase IV delinquency was addressed in correspondence from
<br />Baird in 1983 and 1984 (58, 59, 60, 61) . Payments increased in 1984 but
<br />were still in arrears as of November, 1984 in the amount of $75,546 (61).
<br />On December 5, 1984, the BCC entered into an agreement with Florida -
<br />Atlantic requiring a minimum payment of $2,000 per week to be applied
<br />against the outstanding balance or future certificates of occupancy would not
<br />be issued (62 - 65) . Payments were made from that time until transfer of the
<br />franchise in June, 1985 (114) . At the end of March, 1985, the balance due
<br />was $24,677.25.
<br />Included in Ordinance 80-22 was a provision whereby the plant capacity
<br />charges "shall" be automatically escalated per a construction index and also
<br />provisions for the Commission to increase or decrease the charges (29 - 30) .
<br />The 1980 franchise stipulated that the County "may" adjust the .impact fee and
<br />Florida -Atlantic would pay such increases (44) . The fees were modified per
<br />the index in July, 1983 and January, 1984 (190 - 191) . The fees were
<br />further increased by ordinance in May, 1984 and January, 1985 (190 - 191) .
<br />None of the increases were applied to the Phase IV franchise or any other
<br />existing franchises that I have been able to determine. I have been advised
<br />that due to the problems relating to the continuing Phase IV delinquency and
<br />other franchises the total staff effort was to bring the basic required
<br />payments into compliance. Had the modifications been applied, additional
<br />funds obviously would have accrued to the escrow account. However, as will
<br />be related in the "Vesting" section, the developer had been advised that the
<br />current impact fees would have to be paid when the park connected. This
<br />led to the Commission, April, 1985 decision to file for Declaratory Relief and
<br />ultimately the 1985. agreement.
<br />At the time of the June 5, 1985 amendment of the franchise and transfer to
<br />Realcor, the escrow account contained a balance, including interest, of
<br />$142,707.01 (114). According to Joe Baird's work sheet the amount should
<br />have been $142,967 with the amount in arrears being $259 (106). The total of
<br />$142,967 equates to 509 units and the $27,424 for main extensions. Records
<br />reflect $227 payments tied to 501 specific lots ( 115 - 122) . The difference
<br />between 501 and 509 appears to be the interest amounts. On February 20,
<br />1986, a total of $146,023.08, including interest, was transferred from the
<br />escrow account to the impact fee fund (110 - 114) . For some undetermined
<br />10
<br />1W
<br />
|