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Board of County Commissioners <br />Meeting Minutes - Final May 5, 2020 <br />to close the purchase of the property. <br />Attachments: Staff Report <br />Exhibit A - Agreement to Purchase and Sell <br />Deputy County Attorney Bill DeBraal displayed a photograph of the property at <br />45th Street and US Highway 1, as he described the portion needed for right-of-way <br />(ROW), and provided a breakdown of the purchase price. Chairman Adams <br />received confirmation that certain costs were standard, regardless of the parcel size. <br />Commissioner O'Bryan took exception with the charges submitted by attorney <br />Richard Neill, representative for Mr. Gene Perry. The Commissioner explained <br />why he thought the attorney's fee of $13,650 was unjustified, and that he would not <br />support payment. <br />Commissioner O'Bryan then made a motion to support the other costs in the <br />purchase, while substituting attorney Neill's hourly rate for the statutory rate. He <br />summarized that under his motion, the recommended costs of $5,500 for ROW, <br />$8,555 for appraisal and engineering fees, and $3,750 for attorney Charles <br />Holloman (Mr. Johnson's attorney) would remain unchanged; attorney Neill would <br />be offered $1,122 as calculated by the statutory rate formula. <br />Chairman Adams questioned whether the County would be exposed to legal action <br />if attorney Neill and attorney Holloman were paid using different standards. <br />Attorney DeBraal suggested that attorney Neill may advise his client to reject the <br />County's offer altogether. <br />Additional discussion ensued between Commissioner Zorc and Public Works <br />Director Richard Szpyrka regarding the expansion of 45th Street and US Highway <br />1. <br />A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to <br />approve staffs recommendation with the modification to direct staff to make an <br />alternate offer to attorney Richard Neill for fees calculated using the statutory rate <br />formula. The motion carried by the following vote: <br />Aye: 4 - Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and <br />Commissioner Solari <br />Nay: 1 - Chairman Adams <br />The Chairman called a recess at 10:01 a.m., and reconvened the meeting at 10:07 <br />a.m., with all members present. <br />14. COMMISSIONERS MATTERS <br />Indian River County Florida <br />Page 8 <br />