12/17/1992 - Laserfiche WebLink

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Attorney Vitunac agreed that it would not violate Florida Statute 723. He explained that the County chose the time of the sale of a mobile home as the time the impact fee was due but could have chosen any point in time. He stressed that the County never said that the impact fee was to be passed through to the tenant. Mr. Pitiak agreed with Commissioner Macht's suggestion and felt that would satisfy the mobile home owners in the county. John Grayson, representative of Heritage Village Homeowners, Association, recounted the history of his park's connection to the County water supply and the ensuing legal action. He stated that the residents were pleased when the Commission maintained that the owner is responsible for payment of the water bill. However, a few weeks later, the attorney for Merrill Lynch came before the Board and the Board reversed its position. He accused the Commission of having private meetings with the attorney for Merrill Lynch, and he wanted an explanation of the Commission's action. Attorney Vitunac explained that on October 20, 1992 he gave a report to the Board of the Court's action on the issue of Heritage Village. Attorney Larry Barkett, representing Heritage Village, was in, attendance and spoke for about 15 minutes. After that meeting the attorney for Merrill Lynch asked for equal time. He appeared before the Board on November 24, 1992. Larry Barkett also appeared, and both attorneys had an opportunity to address the Board. Mr. Grayson said that because of the sudden change in the Board's decision, the people in Heritage Village are concerned about the motives of the Commissioners. There were accusations of personal interests, possible affiliations between the Board members and Merrill Lynch, or contributions from Merrill Lynch to the elections of the Commissioners. Commissioner Tippin took exception to the comment and offered to make his financial statement available at any time. Chairman Eggert stated that she has investments but does not deal with Merrill Lynch directly, and she has not received any contributions of any kind for 3 or 4 years. County Administrator Jim Chandler interjected that he was at both meetings and was aware of both motions. He explained that the first motion was to resolve the situation in the best interests of the residents and not force the County to turn the water off. There was a suggestion to file a lien against the park owner. It sounded simple, but as the attorney for Merrill Lynch pointed out, before you file a lien, you must give 30 days notice. If the bill is not paid in 30 days, you shut the water off and then you can file a lien. At the November 24, 1992 meeting, the attorney for F DEC 171992 800K