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03/15/2016
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03/15/2016
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13. COUNTY ATTORNEY MATTERS PAGE <br /> 10:30 A. Attorney-Client Session Time Certain 10:30 a.m. <br /> a.m. <br /> Indian River County vs. Turner Construction Company, et al., <br /> pending in the Circuit Court of the Nineteenth Judicial Circuit, <br /> Case No. 31 2011 CA 002999 <br /> (memorandum dated March 2, 2016) 276 <br /> ------------------------------------------------------------------------------------------------------ <br /> The Chairman read into the record the opening remarks of <br /> the Executive Session requested for 10:30 a.m. Those in <br /> attendance were Commissioners Wesley S. Davis, Joseph E. <br /> Flescher, Peter D. O'Bryan, Bob Solari, and Tim Zorc. Also <br /> present were County Attorney Dylan Reingold; outside <br /> counsel Casey Walker and Wil Murphy, Murphy & Walker; <br /> County Administrator Joseph Baird; and Court Reporter <br /> Gregory Campbell. <br /> The Board reconvened in the Chambers at 10:58 a.m., and <br /> the Chairman closed the Executive Session. The County <br /> Commission meeting resumed with Item 12.C.1. <br /> 12:36 B. Necessity of Take Resolution for a parcel of property located on <br /> p.m. the south side of 53rd Street west of Old Dixie Highway <br /> (memorandum dated March 8, 2016) 277-283 <br /> ------------------------------------------------------------------------------------------------------ <br /> Deputy County Attorney William DeBraal stated that the <br /> Temporary Construction Easement (TCE) acquired by the <br /> County during the construction of 53rd Street, west of Old <br /> Dixie Highway, was found to have been covered with <br /> permanent fill material to support the road. He conveyed <br /> that the owner of said parcel, the Estate of William and <br /> Carlyne Jenkins (Jenkins) has filed an inverse condemnation <br /> suit against the County for placing fill material on their <br /> property. Attorney DeBraal asked the Board to approve the <br /> Resolution of Necessity giving outside eminent domain <br /> counsel Bill Doney, Esq., the authority to file suit in the <br /> County's name for a Permanent Slope Easement on, over and <br /> under the TCE parcel. <br /> Several Board Members expressed a preference to acquire <br /> the easement through a means other than Eminent Domain. <br /> In response to the Board's concerns, staff provided additional <br /> information on staffs recommendation for approval of the <br /> Necessity of Take Resolution. <br /> County Attorney Dylan Reingold provided further input on <br /> the Jenkins's filing of an inverse condemnation lawsuit and <br /> staffs request to institute eminent domain proceedings. <br /> Board of County Commission Meeting Page 11 <br /> March 15,2016 <br />
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