11/15/2005 - Laserfiche WebLink

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vote. The only downside is other municipalities who annex property would still be able to move the urban service area by applying their own plans and land use schemes to the annexed property. Commissioner Wheeler wanted to move for reconsideration of his proposal to change the urban service area only by majority vote of the people. His primary concern is the County still has to provide services while the property owners do not have to pay for these services. Assistant County Attorney DeBraal said for further discussion this item would have to be a motion by the prevailing party and that Commissioner Wheeler can bring it back at a later date under his agenda items. NO ACTION TAKEN. 12.F. COUNTY ATTORNEY - PERMISSION TO RETAIN MEDIATOR TO RESOLVE DISPUTE CONCERNING THE LAWTON PROPERTY Assistant County Attorney DeBraal said when the County extended Indian River Boulevard in the late 1980s they entered into an agreement with the Lawton family to provide them a median and a curb cut to provide access to their property. The County also agreed to install two steel casings under the boulevard to provide utilities to the property. The agreement was amended in 1992 with a penalty clause stating if the County did not provide the required improvements by November 24, 1994, a penalty equivalent to the daily accruing real estate taxes on the property would be collectible from the County and payable to the Lawtons. The County did not comply exactly as promised. Both parties have agreed to present the case to a mediator with hope of resolving the outstanding issues out of court. Staff recommends the Board authorize the expenditure of $2,000 to retain a state certified mediator; and authorize the Public Works Director to be the designated representative to negotiate and recommend settlement offers to the Board. November 15, 2005 29