Search terms: * |
BOOK – 2011R- BOCC-----------------------------------------
-----------------------------------------
-----------------------------------------
PAGE: 28
JANUARY 12, 2011
The
County Water Control District
was held on this date in the Buckingham Community Center, with the following
members present:
Staff Participants:
Staff and Special Counsel Participants:
Special Counsel Ken Spillias
order at 6:30 p.m.
WELCOME:
Chairman Mann and Chairman Stout provided introductions and brief comments. Commissioner Hall joined the
meeting during the opening remarks.
OPENING REMARKS - ECWCD
After thanking all participants, ECWCD Chairman Stout expressed optimism for resolving the issue, consisting of
several years of recurring litigation for the reimbursement of tax assessments paid by Lee County for the Hickey
Creek Mitigation Park property they purchased from ECWCD. ECWCD Commissioner Desmond Barrett, reading
prepared comments,
(copy on file in Minutes Office) presented the District’s opening statement, including key
historical points; the District’s position; and a suggestion for a resolution outside of litigation.
After BoCC Chairman Mann opened the subject to Board comments, Commissioner Judah suggested that the current
funds in dispute be designated to help defray the costs of central sewer and/or purchase of land for water storage. At
the Board’s request, Assistant County Attorney John Turner provided a history of the issue; noted the County’s
position that there was no benefit being derived from the District, and stated that the methodology of assessment was
also in question; and he explained how the governing statutes which require an annual appeal after tax role
certification has led to recurring lawsuits. Assistant County Attorney Turner strongly advised the BoCCt that any
discussion on evidence of benefit be done in a judicial forum; under oath and subject to cross-examination,
referencing a settlement previously offered the ECWCD, consisting of agreement to a percentage of the assessments
already paid being reduced and then a reduction in the future assessment, with applicable years not solidly agreed to.
Attorney Turner suggested that the parties might find common agreement in such a settlement, stating that such a
resolution was one he could support if they could come to a speedy agreement.
Following Attorney Turner’s remarks and recommendations, Chairman Mann’s presentation focused on an attempt to
establish a starting figure from which negotiations could begin in terms of agreement on a percentage of
reimbursement of assessment paid to ECWCD. Chairman Mann requested flexibility in addressing the issue of
derived benefit, however Attorney Turner’s advice to his client remained unchanged.
BOOK – 2011R- BOCC-----------------------------------------
-----------------------------------------
-----------------------------------------
PAGE: 29
Chairman Stout’s position also remained unchanged in that he stated no monetary figure could even be guestimated
without first having some evidence or information supporting the conclusion of no receipt of benefit.
JOINT DISCUSSION:
Extended discussion ensued between the Boards and their staff, with considerable input from legal counsel, on the
best way to pursue an agreement considering the continuing impasse. During the debate, the property’s history,
pristine quality, and intended use of the property were once again brought up; the BoCC’s suggestion that these
specific funds be directed for a public purpose county wide was reiterated and generated some support from ECWCD.
Chairman Mann offered to meet individually with Chairman Stout, and to consider Commissioner Bigelow’s
suggestion of adjustment of the number. Commissioner Manning joined the debate, ultimately suggesting that the two
Chairmen meet but also include counsel and the engineers in order to exchange information in an informal setting; for
the purpose of fact-finding. Then the next step would be formal mediation. Following further dialog and input from
both parties’ legal counsel, Commissioner Manning further clarified that this meeting would be recessed to a date
certain to be reconvened in this setting, with mediation to follow if agreement is not reached; with the issue then going
to court if necessary. ECWCD Special Counsel Spillias concurred with the approach. Attorney Spillias clarified that
since Lee County recently filed the law suit for the 2010 taxes, technically not a part of this discussion, that the case
be added to this process in order to have a global settlement of all four lawsuits; and the Boards concurred. District
Counsel Mary Viator did clarify that no negotiation on a percentage or dollar figure can take place at the fact-finding
meeting; to which both Boards also agreed.
RECESS:
__________________________
______________________________