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<br />approved final payment including all retainage held in the <br />total amount of $36,232.74 to The Inlet at Sebastian LLC, <br />as presented in Attachment A, and as recommended in the <br />memorandum dated December 23, 2003. <br /> <br />CHANGE ORDER IS ON FILE IN THE <br />OFFICE OF THE CLERK TO THE BOARD <br /> <br />12. COUNTY ATTORNEY – WELLER POOL CONSTRUCTORS V. <br />INDIAN RIVER COUNTY (NORTH COUNTY POOL) <br /> <br />Deputy County Attorney Will Collins reviewed the memorandum. Both he and our <br />special counsel believe the County has good defenses in this lawsuit and both recommend against <br />accepting the settlement offer of $200,000 from Weller Pool Constructors. <br />There was a brief discussion. <br /> <br />ON MOTION by Commissioner Macht, SECONDED by <br />Vice Chairman Neuberger, the Board unanimously declined <br />Weller’s settlement offer in the amount of $200,000 and <br />approved proceeding to trial, as recommended in the <br />memorandum dated January 7, 2004. <br /> <br /> <br />13.E. COMMISSIONER KENNETH R. MACHT – COMMENT ON <br />TREES <br />Commissioner Macht announced that in the interest of political correctness he loves <br />trees. He learned that the 48” diameter tree referred to under Item 9.A.4. at last week’s meeting is <br />January 13, 2004 20 <br /> <br />