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Board of County Commissioners Meeting Minutes - Final July 6, 2021 <br />Lamarre Notargiacomo, Vero Beach resident, received information regarding the <br />recourse property owners had in the eminent domain process. Board and staff <br />advised that the County was required to pay for land owners' legal and expert fees <br />in a court challenge, and an explanation of the next steps in the process was also <br />provided. <br />A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams, <br />to approve staffs recommendation and Resolution 2021-045, declaring a reasonable <br />necessity to acquire certain real property for the purposes of improving and <br />reconstructing 66th Avenue, including side street, intersection, sidewalk and water <br />retention pond improvements; authorizing the County Attorney or its outside counsel <br />to acquire the attached properties by the Institution of Proceedings in Eminent <br />Domain, and providing an effective date. The motion carried by the following vote: <br />Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and <br />Commissioner Earman <br />Nay: 1 - Commissioner Moss <br />133 21-0648 Acquisition of Right -Of -Way from the Fredrick L. Lipfert and Norma C. Lipfert <br />Trust for Phase 11 of 66th Avenue Improvements - 7905 66th Avenue, Parcel 127 <br />Recommended Action: Staff recommends the Board approve the Agreement for the Lipfert property and <br />authorize the Chairman to execute the document on behalf of the Board. <br />Attachments: Staff Report <br />Agreement to Purchase and Sell Real Estate <br />Deputy County Attorney Bill DeBraal presented details of the agreement to <br />purchase 1.07 acres of land from the Lipfert Trust needed for right-of-way in the <br />66th Avenue widening project. He noted that there was a tenant -owned business <br />on the land, Empire Equine, which may be entitled to damages from the take. <br />Vice Chairman O'Bryan expressed his appreciation for the straightforward and fair <br />negotiation. Commissioner Earman received information from Attorney DeBraal <br />regarding the potential claim for damages from the owners of Empire Equine. <br />A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to <br />approve staffs recommendation. The motion carried by the following vote: <br />Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner <br />Earman, and Commissioner Moss <br />14. COMMISSIONERS MATTERS <br />A. Commissioner Joseph E. Flescher, Chairman <br />Indian River County Florida Page 9 <br />