5/14/1991 - Laserfiche WebLink

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SAX t4 1991 BOOK 83 the Commission in April, 1985, with that opinion, and the Commis- sion made the determination either to go to court or negotiate. Negotiations then ensued which resulted in that 1985 agreement. Commissioner Eggert brought up the vesting issue, and Administrator Chandler advised that it is strictly his opinion that the 185 agreement was entirely clear in its wording and since the funds that were in that escrow account were generated from Countryside, he felt they should be used for utilities out there, plus whatever interest accrued. Commissioner Scurlock felt that if we do that, we should do something that benefits everybody, not just the developer. He believed the Administrator's recommendation, therefore, would be no vesting - status quo - and anything to be done would be done with that $146,000. Administrator Chandler noted that $146,000 was transferred to the impact fee fund. That, as well as the $2,250 that was not transferred and is still sitting there, and now with interest is around $6,000, need to be transferred out. There is no question in his mind that from this point forward as relates to this specific franchise, that the impact fee payments should be received from the developer and not from the residents. There is also no question in -his mind that a separate escrow account needs to be set up for the funds that we are collecting since 1985 and those monies that are now in the impact fee fund need to be transferred into that. Chairman Bird believed the primary question that remains is about vesting, and he wished to know of the total units available in Countryside, how many as of today does our Utility Department consider to be vested forever more in the system and how many are in question. Administrator Chandler stated that as of the 1st of April a total of 174 ERU has been paid, $222,253, and included in those 174 ERUs were 2 for the clubhouse and 1 for the office. Chairman Bird asked how many total units are subject to an impact fee, and Mr. Chandler stated 648, including 2 ERUs for the clubhouse and 1 for the office. Mr. Nelson interjected that out of the 174, there are 128, give or take 1 or 2, that come under the category of what they consider paid the second time. The difference is between 128 and 174 that there is no question about. Those would definitely be vested and that is only for sewer. Mr. Chandler agreed that is correct because according to the franchise, water is not to be addressed until 1995. He referred the Board to Pages 185-186 and 187 of his report which contains a 20