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Board of County Commissioners Meeting Minutes - Final November 15, 2016 <br />Attachments: Staff Report <br />As -Built Resolution <br />As -Built Costs <br />Final Assessment <br />Assessment Map <br />Commissioner O'Bryan commended the Public Works Department for coming <br />in under -budget on the Winter Beach Highlands Subdivision Asphalt Millings <br />Project. <br />A motion was made by Commissioner O'Bryan, seconded by Vice Chairman <br />Flescher, to approve: (1) Resolution 2016-118, certifying "As -Built" costs for <br />certain asphalt millings improvements to 51st Avenue in the Winter Beach <br />Highlands Subdivision, Indian River County Project No. 1511; and other <br />construction necessitated by such project; providing for formal completion date, <br />and date for payment without penalty and interest; and (2) the Final Assessment <br />Roll. The motion carried by the following vote: <br />Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner <br />O'Bryan, and Commissioner Zorc <br />G Utilities Services <br />13. COUNTY ATTORNEY MATTERS <br />13A 16-1005 Approval of Mediated Settlement Agreement - Parcel of Property Owned by <br />Kevin and Paula Jones Located on 27th Avenue SW at the South Main <br />Relief Canal <br />Recommended Action: The County Attorney's Office recommends that the Board approve the Mediated <br />Settlement Agreement and authorize the Chairman to execute any documents in <br />furtherance of the agreement on behalf of the Board. <br />Attachments: Staff Report <br />Aerial Photo <br />Mediated Settlement Agreement <br />Release <br />Deputy County Attorney Bill DeBraal reported that Kevin and Paula Jones intended <br />to file an inverse condemnation lawsuit claiming that the County's nutrient removal <br />system (adjacent to their property at 285 27th Avenue SW) was a nuisance, creating <br />problems to the extent that a taking had occurred, along with damages suffered <br />through construction. He stated that staff decided to utilize the services of <br />mediator Howard Randal Brennan to negotiate with the Joneses and their attorney <br />pre -lawsuit. Attorney DeBraal reviewed the terms of the Agreement, and <br />recommended that the Board approve settlement of all costs in the amount of <br />$85,000. <br />A motion was made by Commissioner Davis, seconded by Commissioner Zorc, to <br />approve the Mediated Settlement Agreement with Kevin Jones and Paula <br />Indian River County Florida Page 11 <br />