9/12/1995 (2) - Laserfiche WebLink

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L Mfl 96 PAGF 43 Director Davis explained it would take about two years before Completion of the paving and the assessment actually is due upon completion. The owner has up to two years to pay after the assessment. County Attorney Vitunac explained that the lien would be placed upon the property as soon as the confirming resolution is adopted. He indicated that the County has had to file a foreclosure on a paving assessment. He advised that the interest at 8Z% would commence 90 days after the final notice. Bruce Barkett, representing property owner Albert H. Kahn, confirmed on the record with City Attorney Dill that Fellsmere operates under Florida Statutes Chapter 170, and that the providing - resolution was adopted on August 25, 1995. Mr. Barkett questioned whether or not the plans and specifications for the paving project were on file in the City's file on that date as required by the statute. Attorney Dill could not answer because he had not looked at the city file. Mr. Barkett called on Rod Reed who said he was advised today that no plans or specifications were on file. Director Davis explained that the County is managing the entire project, as agreed upon, and the County has the preliminary plans. In addition, it is anticipated the county road crew will be building the project. He offered the plans to Mr. Barkett.. Mr. Barkett advised that he pointed that out because there were a number of flaws with the process, the first of which was that the plans/specifications were not in the City of Fellsmere when the notice was published. He presented a case law file to County Attorney Vitunac. Chairman Macht asked if Mr. Barkett's client owned property in the city of Fellsmere. Mr. Barkett and County Attorney Vitunac stated that Mr. Kahn owns property in the county. Mr. Barkett advised that standing would not be an issue in the lawsuit. County Attorney Vitunac advised that although the hearings were simultaneous, one was being held for the County and one for the City. He assured Mr. Barkett that all the plans were on file as required by County ordinance and if Mr. Kahn's property is all in the county, then it was properly assessed at least as to that aspect. Chairman Macht asked if it would prevent the Board of County Commissioners from making a decision tonight and whether the City could act later after readvertising. County Attorney Vitunac explained that the City could redo whatever was needed and the County could continue. 10 - September 12, 1995