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APR 1 1992 <br />HERON CAY - WATER IMPACT PAYMENTS <br />Utility Services Director Terry <br />attention to the memo dated April 9, <br />POOK 86 FHGE <br />Pinto directed the Board's <br />1992: <br />DATE: APRIL 9, 1992 <br />TO: JAMES E. CHANDLER <br />COUNTY ADMINISTRATOR <br />THRU: TERRANCE G. PINT <br />DIRECTOR OF UTIgW SERVICES <br />FROM: HARRY E. ASHER <br />ASSISTANT DIREC OR OF UTILITY SERVICES <br />SUBJECT: HERON CAY - WATER IMPACT FEE PAYMENTS <br />On March 19, 1992, the Department of Utility Services billed Heron <br />Cay for its first annual installment under the Impact Fee Lien <br />Agreement executed March 29, 1991. <br />On March 24, 1992, the Department received five (5) checks totaling <br />$1,277.85 from homeowners within the park made payable to Indian <br />River County for payment toward the first annual installment. The <br />Department advised Heron Cay by telephone that we would be returning <br />the five checks due to the fact that they were from the homeowners. <br />On April 3, 1992, the Department confirmed this in the writing to <br />Heron Cay and returned the checks. <br />On April 8, 1992, a Heron Cay representative delivered 81 checks <br />totaling $22,774.80 from homeowners within the park made payable to <br />Indian River County for payment toward the first annual installment. <br />I reiterated to their representative Indian River County's policy <br />against receiving checks from the homeowners. The representative <br />then walked out, leaving the checks and refusing to return them to <br />Heron Cay. <br />After discussion of this situation internally, considering the delay <br />and attitude of the homeowners against payments directly to the park <br />owner, the Department would recommend accepting the checks for <br />payment toward the first annual installment, but with certified <br />notice both to Heron Cay and each owner involved that further <br />payments would only be accepted from the park owner. <br />Please call if I can be of further assistance. <br />Director Pinto stated that after the memo was written staff <br />had further discussions and reached the conclusion that if we deny <br />the receipt of these checks there may be some legal problem as to <br />whether we can then charge penalties or turn off someone's water. <br />Commissioner Scurlock felt we should formulate a release <br />stating we will accept the check with the understanding that this <br />is for the developer's obligation to pay impact fees. <br />County Attorney Charles Vitunac felt that was not necessary <br />since we have a written agreement that the developer must pay the <br />107 <br />56 <br />