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13. C FELLSMERE CODE ENFORCEMENT PROCEEDINGS — 2010 CHARGES <br />(Clerk's Note: This item was heard following Item 10 B.3. and is presented here for <br />continuity). <br />Attorney Polackwich, recapping the memorandum of May 25, 2010, conveyed that the <br />City of Fellsmere had filed code enforcement charges against the County, pertaining to an unpaid <br />balance for 2009 fire protection charges. The City's Code Enforcement Special Master's ruling <br />for payment of the balance was appealed by the County to the appellate court, which has not yet <br />granted a decision. The County subsequently received Fellsmere's invoice for the 2010 fire <br />protection charges, but wished to defer payment until the court rules on the 2009 charges. <br />Fellsmere has once again initiated code enforcement charges for the 2010 charges, and has been <br />requested to delay the new proceedings until the appellate court makes a final decision on the <br />County's appeal on the 2009 charges. Attorney Polackwich thereafter presented for Board <br />direction, three alternatives which the Board could pursue. <br />Discussion ensued among Commissioners and Attorney Polackwich on the best approach <br />for the Board to take regarding both the 2009 and 2010 charges. <br />Commissioner Davis advocated paying off the 2009 charges to avoid accumulating <br />further interest and penalties, provided that it does not adversely impact the County's appeal. If <br />the court rules in the County's favor, Fellsmere could return the money. <br />Vice Chairman Solari suggested that the Board decide on the 2010 charges at this time, <br />and have the County Attorney find out if Fellsmere would be amenable to Commissioner Davis's <br />idea. <br />Chairman O'Bryan sought input from Fellsmere's City Attorney, Warren Dill, on what <br />his recommendation pertaining to the 2010 charges would be. <br />26 <br />June 1, 2010 <br />