7/16/1991 - Laserfiche WebLink

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F_ JUL 16 1991 BOOK 8, Fr?ut After proper notification and subsequent negotiations, an Agreement to effect the connection of Heritage Village, as set forth in the Franchise Agreement, and payment of impact fees was submitted to the (Board of County Commissioners and approved on March 26, 1991. On April 1, 1991, the owner of Heritage Village Mobile Home Park, American Retirement Communities Partnership (ARCP), paid in full the water and sewer impact fees for the 436 units as set forth in the Agreement. I have reviewed the minutes of the March 12, 1991, meeting (copy attached) as to specific reference to required connection and refer to the following as taken from the March 12, 1991, minutes: Page 34, Paragraph 6: "Commissioner Scurlock asked for an explanation of the concept of mandatory hookup. Director Pinto stated that our ordinance does not say "mandatory" anywhere in the ordinance; the word "mandatory" is not used. However, it does say that upon notification by the Utility or by the County you may be required to connect. What that means is that if you, at a previous time, by contract, have agreed to connect -- an example would be a developer in Indian River County who, in order to build a temporary facility, signed a contract with the County saying when the facility became available they will connect, or someone who has reserved capacity -- they would be notified and be required to connect to the system. There is another area where, if there is a problem or a threat to the health and welfare of the community, then, through the Health Department, those causing the violation may be required to remedy the problem by connecting to the system. It is very important, however, to understand that even though the Health Department may require you to hook up to the system, you must reserve capacity, because capacity may not always be -available." Page 35, Paragraph 2: Commissioner Scurlock stated, "Our intent is and our future procedures, the. same as our past, will be that only those who have reserved capacity in the system or have contractually entered into an agreement with the County requiring connection will be forced to connect." It has been the Department's policy to require connection where there was a contractual requirement to connect set forth in an Agreement between the Developer and Indian River County. This policy was in compliance with the Board of -County Commissioners' direction to connect as many of the individual package treatment plants to- the Indian River County regional utility system as possible, to eliminate the possible sources of water pollution. The Department believes that it has followed the contractual requirements to connect set forth in the Franchise Agreement between ARCP and Indian River County, and has followed the Board of County Commissioners' direction in requiring those developments who have contractually entered into an Agreement with the County to connect. The Department believes Mr. Bond's misunderstanding relates to individual/ single lot required connection vs. the contractual ;requirements as set forth in the Heritage Village Franchise Agreement. - 12