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Board of County Commissioners Meeting Minutes - Final June 11, 2019 A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams, to approve staff's recommendation. The motion carried by the following Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc G Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 19-0499 Acquisition of Right -Of -Way for Phase III of 66th Avenue Improvements from Glen C. Besancon - 6725 66th Avenue Recommended Action: Staff recommends the Board approve conveying the Gardiner property to the Besancons, approve the agreement to purchase the 0.87 acre Besancon property for $200,000 with the stated conditions, approve costs incurred by the Besancons of $18,000 and approve the settlement of attorney's fees of $52,107 and authorize the Chairman to execute a more formal purchase and sale agreement when drafted and approved by the parties on behalf of the Board. Attachments: Staff Report Exhibit "A" Aerial Photo Exhibit "B" Sketch & Legal of R -O -W Exhibit "C" Aerial Photo of Gardiner Property Deputy County Attorney Bill DeBraal appeared before the Board to recount the negotiation between the County and the Besancon family for a .87 acre portion of their property needed for right-of-way in Phase III of the 66th Avenue expansion. Attorney DeBraal detailed the April 25, 2019 settlement conference, the parties' concerns and the proposed solutions. After negotiations, the County and the Besancon's reached an agreement which was approved by Community Development and Public Works. He advised that the alternative to a negotiated purchase would be legal action under eminent domain which was projected to cost in excess of $100,000. Commissioner O'Bryan opened the discussion by stating that escalating costs for land acquisition had gotten too high, and he could not support staffs recommendation. He suggested exploring other solutions such as a land swap, culverting the east -side canal, or applying the funds toward expanding 82nd Avenue instead. Chairman Solari expressed appreciation for Commissioner O'Bryan's point of view, but was not willing to oppose this proposed agreement. He suggested continuing with acquisitions on this block of 66th Avenue which was almost complete, then reevaluating before moving forward with the rest of 66th Avenue. The Chairman then solicited comments from the other Commissioners. Commissioner Zorc sought and received confirmation from Public Works Director Indian River County Florida Page 10