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BOOK 95 P,�u 76 <br />to aggressively pursue the 53rd Street project because there has <br />not been much traffic demand for 53rd. They have had some <br />discussions with FEC, but have not submitted an application with <br />DOT which is a very slow process. <br />Commissioner Bird asked if County Attorney Vitunac agreed with <br />Mr. Caldwell's opinion if Alternative #3 were chosen and if his <br />staff would be defending the County or taking a neutral position. <br />County Attorney Vitunac stated that his office would present the <br />agreement to the court, give their opinion of it, and offer <br />opportunities to other interested parties to intervene. He assumed <br />that the Hawk's Nest people and Mr. Cairns would enter into it and <br />fight it out. The County might not be an active party in it, <br />merely ask what it means and let the other sides determine it. If <br />the judge said, "Build the road," then his office would probably be <br />in an action against Hawk's Nest for the 10 -year old agreement on <br />their mortgage to help fund the road, because they're now saying <br />that it's illegal and don't want to pay their share. <br />Commissioner Bird thought it would be difficult for County <br />Attorney VitunacIsoffice to take a neutral position after they had <br />already stated in writing that the County had an obligation to <br />build the road. County Attorney.Vitunac stated they would not be <br />arguing, but merely presenting the case to ask the court to make <br />the determination. <br />Chairman Macht asked which course of action would operate to <br />the best interest of the citizens of Indian River County. <br />Commissioner Adams asked what Alternative #3 would cost and <br />how long it would take, and County Attorney Vitunac thought it <br />would only cost the $100 filing fee and would take approximately <br />three months. <br />The Chairman CALLED THE QUESTION. MOTION to <br />approve Course of Action 2 FAILED 2-3 <br />(Commissioners Eggert and Tippin favored; <br />Commissioners Adams, Bird, and Macht opposed). <br />MOTION WAS MADE by Commissioner Adams, <br />SECONDED BY Commissioner Bird, to approve <br />Course of Action 3): to put the matter before <br />a court of competent jurisdiction and ask the <br />County's legal obligations in this matter. <br />50 <br />May 16, 1995 <br />