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Chairman Bird recognized Mr. Harry J. Bond's request to speak <br />to the Board of County Commissioners. <br />County Administrator Chandler briefly recounted the history of <br />the franchise agreement with the original owner of Heritage Village <br />in 1974, which included the requirement to connect to the County <br />water and wastewater system when it became available. This <br />agreement was consistent with County policy over the years whereby <br />we attempted to eliminate package treatment plants. <br />Harry J. Bond, 328 Heritage Boulevard, representing the home <br />owners of Heritage Village, came before the Board to address the <br />matter of impact fees in Heritage Village Mobile Home Park. He <br />wanted to clarify the confusion or misconception regarding the <br />impact fees which the park owners were passing on to the park <br />tenants, claiming it was a government -mandated fee. <br />Commissioner Scurlock understood the agreement was that the <br />County allowed a temporary franchise to be issued to the park with <br />the condition that when a County system became available the park <br />would hook up to that system, and this contract was entered into <br />voluntarily by the original owners of Heritage Village Mobile Home <br />Park. Since it was voluntary on the part of Heritage Village, Mr. <br />Scurlock felt, in his opinion, there was no mandate involved and <br />invited the County Attorney's legal opinion. <br />County Attorney Vitunac advised we certainly do not have a <br />mandate for individual homeowners now in the County to connect <br />except under unusual circumstances. In this particular case the <br />mobile home park is required to connect because, by contract, they <br />said they would and the County has done certain things in reliance <br />on that so right now the park is mandated to connect. Mr. Vitunac <br />felt the crux of the mobile home owners' problem with the mobile <br />home park owner is whether the mobile home park owner had any <br />option in 1974 when he signed that contract. In other words, if it <br />was voluntary in 1974, that is the time period that would be <br />critical in any lawsuit to determine who must pay the impact fee. <br />Mr. Bond clarified that the present owner is the fourth owner <br />in Heritage Village since 1974, and the original owner from 13 or <br />14 years ago is long gone. <br />Commissioner Scurlock emphasized that when the new owner <br />purchased the park he assumed all the rights and responsibilities <br />under the contractual relationship. <br />Attorney Vitunac added that in 1974 there were different <br />members on the Board of County Commissioners and there was not a <br />real utilities department. <br />13 <br />BOOK. F'nuE' <br />