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� � r Commissioner Bird asked if that meant that they would be willing to front the money for relocating the railroad crossing and paving the road 400' in. Mr. Cairns indicated that the paving would be per the agreement. He assumed the developer would pave the road and Hawk's Nest would reimburse them according. to the contract and that the costs of the crossing would be a credit on impact fees. In response to Commissioner Bird, Director Davis advised that it would have qualified for reimbursement of impact fees when the road was on the 20 -year program, but it subsequently has been taken off the 20 -year program. He explained that impact fee credits are predicated on implementation of the 20 -year program. Commissioner Eggert asked for clarification as to whether the developer has formally filed a site plan application. Mr. Cairns advised that they had filed a site plan for consideration and the pre -application came back with "how are you getting access?" He responded that as soon as they get access, they are prepared to go with a full scale site plan. Commissioner Eggert noted that there is a difference between having a pre -application conference and filing a formal site plan. Mr. Cairns admitted that a formal site plan had not been filed, that they are prepared to go with a formal site plan as soon as they know they can move forward. If there is no credit on impact fees, it will be a tough decision; they had relied on prior agreements. Eugene O'Neill, speaking on behalf of his parents Eugene and Mary O'Neill, spoke of a different need and of having been in limbo for the past 20 years. He wondered how many more years it would go on. He recounted how twenty-five years ago his parents developed the property (zoned industrial) between US #1 and Old Dixie Highway on Storm Grove Road (the south side of the right-of-way). He recalled that in 1977 the Board of County Commissioners unanimously resolved that the n6ed for Storm Grove Road existed. The County sued his parents, brought it as "quick -taking". His parents fought the need, but the judge said he could not contest the County's wisdom that it was needed, so they lost. Since 1979 there have been two evolutions, one, in the early 19801s, on the County's behalf where 53rd Street was invented and became politically popular, notwithstanding the fact that the County had bought and paid for the entire right-of-way of Storm Grove Road from US #1 to King's Highway. The other evolution was that his parents do not 49 April 9, 1996 BOOK 97 PACE ��