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Conclusion: In my opinion, the matter should have been presented 'to the Commission for approval of either an amendment to the agreement or concurrence in the Utility Director's interpretation. There appeared to be, in my opinion, sufficient justification to approve either. Mr. Nelson has indicated that since the 100 ERU's were not paid from Phase IV by Realcor in the first 18 months, Realcor is in default per Section 7 of the agreement and should be required to pay the balance due on all impact fees per Section 7 (96, 97). In my opinion, Realcor had no reason not to rely on, and in fact has, the decision by Terry Pinto in his capacity as the County's Utility Director. Hypothetically, even if his interpretation were incorrect; since Realcor relied on that approval I do not think they can be declared in default. The impact on the County, is the amount that. would have been collected by December 5, 1986 from Phase IV was reduced, but Realcor remains liable for the entire amount by 1995, with continuing individual payments as pads turnover. As of April 9, 1991, of the 648 units, payments have been made on 174 lots, amounting to $222,530, including the clubhouse and office (185 - 187) . The developer is responsible for payment of the balance by June, 1995 per the agreement. Payment of franchise fees are current (189) and the R & R fund contained a balance of $29,273.18 as of February 11, 1991 (188). As of this date, Phase IV has not connected to the county wastewater system. Predicate upon the 1980 201 plan, 1981 DRI, and the franchise agreements the developer is required to connect. Notification to connect was given to Realcor on October 10, 1986 (123) and April 12, 1990 (124) . Throughout, there has been continuing discussions and correspondence concerning the required point of connection. On February 22, 1991, the Utilities Department requested the . County Attorney to proceed with all legal options 'due to the lack of response from Countryside (126) . This matter is currently under consideration by the Attorneys office. Presentation of this report has been scheduled for the May 14, 1991 Commission meeting. Mr. Nelson has been notified of the schedule and a copy of this report provided to him on May 3, 1991. The Chairman determined that Board members had no questions for Mr. Chandler and then opened the discussion to the audience. Mr. Ed Nelson, president of Countryside North Home Owners Association and District 4 president of the Federation of Mobile Home Owners of Florida, noted that on March 19th last, the Board was subjected to 21 hours of dialogue regarding the impact fee dilemma which affects about 1,000 residents in their manufactured homes community. At that meeting he was disappointed that the Board was deprived of the documents he felt they needed, and he hoped that today the Commissioners ail have been supplied with the booklet entitled COUNTRYSIDE PHASE IV REPORT, which was prepared by Mr. Chandler and staff. He was assured that all Commissioners do have a copy of said report, and copy of same is on file in the Office of Clerk to the Board. Mr. Nelson thanked Administrator Chandler for doing a mar- velous job with the report, but he believed in it even more inconsistencies have surfaced. He did not wish to bore the Board, but believed it is necessary to again emphasize some of the main points although he felt that his group is at an overwhelming disadvantage no matter how many facts and figures 13 „ MAY 41991 �ooK 8 rt,,,Ea.Jl L