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Interlocal Agreement) to construct a temporary turn lane onto 57th Street to service Storm Grove <br />Middle School. Attorney DeBraal noted that if the Mediated Settlement Agreement is not <br />approved, the turn lane project would be delayed until an Order of Take hearing can be brought <br />before the Court. <br />After questioning Attorney DeBraal, Commissioner Solari learned that the appraisal <br />provided by the Abazis and their attorneys, referrenced on page 471 of staff's report, which <br />values the Abazi property at $95,000 per acre, was not derived from a complete appraisal, but <br />from the "For Mediation Only" packet (copy on file), supplied by Brent Simon, Esquire; and <br />David Holloway, Esquire, the Abazis' attorneys. Commissioner Solari objected to the land <br />values set forth in the Mediation documents, which place the subject property at $95,000 per <br />acre, the same price paid by the School Board in 2005 at the height of the market, for the <br />property across 66th Avenue. Alluding to the current 25%-75% decline in property values, he <br />also opposed the additional $25,000 per acre cost desired by the Abazis because of the smaller <br />size of their parcel. <br />MOTION WAS MADE by Commissioner Solari, <br />SECONDED by Commissioner O'Bryan, to DENY <br />approval of the Mediated Settlement Agreement with <br />Steven Abazis, William Abazis, and Evan Abazis. <br />Vice Chairman Flescher agreed with Commissioner Solari that the values provided for <br />the property purchased by the School Board did not reflect current market values. Additionally, <br />the values were not derived from a true appraisal, and the trees inventoried in the packet are very <br />costly. <br />Attorney DeBraal explained that normally when going to mediation, staff and the <br />opposing party exchange appraisals ahead of time. In this case, however, although he knew the <br />opposing side did not have a complete appraisal report, Attorney DeBraal chose to go ahead with <br />43 <br />November 3, 2009 <br />