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Board of County Commissioners Meeting Minutes - Final July 16, 2019 13.B. 19-0675 Deputy County Attorney Bill DeBraal provided detailed feedback regarding negotiations with the Doris and Billy Jackson family, who own a 1.85 acre parcel, Parcel 110, located at 6835 66th Avenue. He explained that the Jacksons were interested in keeping the portion of land that included their home, along with acquiring a remainder parcel, Parcel 111, acquired by the County from the Jackson's son in 2007. Attorney DeBraal made mention that the negotiations include the County agreeing to construct a 18 foot wide driveway from 66th Avenue onto Parcel 110, and for the Jacksons to assume all risks regarding any drainage issues resulting from the 66th Avenue roadway widening project. Commissioner O'Bryan provided his opinion regarding the high cost of acquiring land for the improvements to 66th Avenue. A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, and Commissioner Zorc Nay: 1 - Commissioner O'Bryan Ocean Concrete and George Maib v. Indian River County Circuit Court Case No. 31 -2007 -CA -011589. DCA Case No. 4D16-3210. Recommended Action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve filing of a Proposal for Settlement in the amount of $800,000. Attachments: Staff Report (Clerk's Note: This item was moved from Item 4.A.) County Attorney Dylan Reingold gave a brief background of the Ocean Concrete and George Maib v. Indian River County case, which arose out of a dispute regarding a proposed development of property for use as a concrete batch plant. The County had been cleared on all of the three (3) counts that had been filed; however, the case was appealed by the plaintiffs, Ocean Concrete and George Maib, who have relied on an appraisal that claimed a loss in value of $1.7 million due to the elimination of a concrete batch plant. Under the Bert J. Harris Act, the plaintiffs may be able to recover reasonable costs and attorney fees, and be paid interest, if the plaintiffs prevail in the action. Attorney Reingold stated that County staff and the plaintiffs attended mediation on July 11, 2019. They were not able to settle the case, but with the input of outside counsel, staff decided it might be important to file a Proposal for Settlement (PFS). Indian River County Florida Page 14