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William Caldwell, 856 Reef Road, Vero Beach, stated he had <br />history with this issue for some years, detailed how the property <br />had been divided, and recounted his discussions with a Mr. Radson <br />of DOT. He described all the procedures, but stated that the <br />ultimate decision of where to put the crossing was that of DOT. He <br />favored a crossing at 53rd Street. <br />Chairman Macht asked if the division of the property abrogated <br />any agreement, and County Attorney Vitunac saw no relevance. <br />Brief discussion ensued on the pros and cons of each of the <br />three alternatives. <br />MOTION WAS MADE by Commissioner Adams in favor <br />of Course of Action 1): to place the matter <br />before a court of competent jurisdiction and <br />ask the County's legal obligations in this <br />matter. MOTION DIED for lack of a second. <br />Questions concerning the costs which would be incurred by <br />choosing either of the remaining alternatives were raised. <br />Director Davis advised that the last crossing replacement, some <br />years ago, was $36,000. It had been envisioned*that the $80,000 <br />pledged would be used to pave the road and that it would cover <br />everything except the relocation of the crossing. The County might <br />ask the developer to cover the cost of the relocation of the <br />crossing as well and then there would be no cost to the County. <br />MOTION WAS MADE by Commissioner Eggert, <br />SECONDED BY Commissioner Adams, to approve <br />Course of Action 2): to do nothing, in effect, <br />refuse the Cairns' request. <br />Under discussion, Chairman Macht thought the best interest of <br />both parties would be served to continue negotiations to reach a <br />mutual agreement. Commissioner Tippin thought the County might <br />need to pursue definitive conversation with DOT and FEC about the <br />crossing. Commissioner Eggert thought those conversations had <br />happened, but Director Davis advised that they had not had the time <br />49 <br />May 16, 1995 <br />BOOK 95 F,+ 1,J E 75 <br />