Laserfiche WebLink
Board of County Commissioners Meeting Minutes - Final June 2, 2020 <br />and agrees to be bound by the conclusion of the attorney mutually agreed upon by <br />the parties. <br />Attachments: Staff Report <br />Neill Letter <br />Deputy County Attorney Bill DeBraal recapped the discussions that led to the <br />Board's decision on May 5, 2020, to purchase a small portion of property for <br />right-of-way (ROW) from Gene Perry and the Estate of Helen Johnson. Attorney <br />DeBraal recounted that the Board had voted to make an alternate offer to Mr. <br />Perry's attorney, Richard Neill, for his fees. Attorney Neill was seeking $13,650 in <br />fees for 40.3 hours of work; the Board countered with an offer of $1,122, which <br />was calculated using the statutory rate formula. Attorney Neill responded via letter <br />that the statutory rate was unreasonably low, and instead suggested binding <br />mediation with a mutually agreed-upon local attorney to determine a reasonable <br />fee. <br />Commissioner O'Bryan suggested rejecting the purchase agreement of May 5. <br />2020, and tabling the ROW project until the property hopefully came up for sale at <br />a later date. Under discussion, Commissioner Zorc received confirmation from <br />Director of Public Works Richard Szpyrka that the needed parcel was the only <br />solution for creating ROW, and that the road work was not imminent. <br />Chairman Adams and Attorney DeBraal further discussed the ramifications of <br />rejecting the purchase entirely. Attorney DeBraal cautioned against cancelling the <br />purchase agreement for several reasons, including the conventional wisdom that <br />negotiated settlements were often more favorable than an expensive eminent <br />domain lawsuit. Chairman Adams agreed, and noted that this would not be a good <br />case to mount the long -requested challenge against outsized eminent domain <br />settlements. <br />A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to <br />cancel the purchase agreement previously approved at the May 5, 2020 Commission <br />meeting. The motion failed by the following vote: <br />Aye: 1 - Commissioner O'Bryan <br />Nay: 4- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner <br />Solari <br />Further discussion ensued among the Board and staff regarding the details of <br />mediation. Commissioner O'Bryan expressed his concern that a litigation attorney <br />would have too much self-interest to be fair. Attorney DeBraal and County <br />Attorney Dylan Reingold agreed to work together to find a suitable, local attorney <br />to mediate. <br />The Chairman opened the floor for public comment. <br />Indian River County Florida Page 10 <br />