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Alan S. Polackwich, Sr., County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Melissa P. Anderson, Assistant County Attorney <br />WE <br />Consent Agenda - B.C.C. 03.15. 11 <br />Office of <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Alari S. Polackwich, Sr., County Attorney <br />DATE: March 4, 2011 <br />SUBJECT: Fellsmere 2011 Fire Protection Charge <br />BACKGROUND. <br />In 2009, Fellsmere sent an invoice to the County for its anrival fire protection charge. The County paid a <br />portion of the invoice and declined to pay the balance. Fellsmere initiated proceedings before its code <br />enforcement special master, who ordered the County to pay the balance, plus interest, attorney's fees and <br />continuing penalties. The County appealed the special master's decision to the circuit court, and the <br />parties are waiting for the circuit court to decide the appeal. The circuit court's decision will be subject to <br />a further appeal to the Fourth District Court of Appeal, if either party elects to take a further appeal. <br />Meanwhile, in 2010, Fellsmere sent an invoice for its 2010 annual fire protection charge. Instead of <br />litigating the same issues a second time, with the attendant expense, the parties entered into an agreement <br />stating that payment of the 2010 charge will depend upon the outcome of the appeal(s) on the 2009 <br />charge. <br />APPROVED FOR MARCH 15, 2011 <br />B. C. C. MEETING — CONS NDA <br />COUN ATTORNEY <br />F.Wtmrne)k inrW\GENERAW CGAgenda MemoARY—re .2011 Fire Proiecdon Charget.doc <br />Indian River Co. Ap ed Date <br />Admin. 3 0 % <br />Co. Atty. <br />Budget 3 % /1 <br />Dept. <br />Risk Mgmt. --- --- <br />10 <br />