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Board of County Commissioners Meeting Minutes - Final August 16, 2022 <br />Attachments: Staff Report <br />Exhibits A B and C <br />Deputy County Attorney Bill DeBraal presented an agreement regarding a 10 -acre <br />parcel owned by Ken Chesnut, where the county needed .38 acres to complete the <br />66th Avenue improvements. He stated the mediator, Tony Gonzalez, a former <br />eminent domain attorney from Broward County submitted an appraisal of $153,200. <br />They claimed great reconfigurations, including the loss of trees, fencing, and gating, <br />would be needed. Attorney DeBraal stated at the conclusion of the mediation both <br />parties agreed to submit a settlement agreement to the Board for consideration to pay <br />$135,000 for right-of-way Parcel 303 in full and final settlement to Mr. Chesnut for <br />all damages and expert witness fees. The County would receive credit for the good <br />faith deposit already made of $29,500. The County would install two 24' wide <br />standard stabilized driveways and deliver 60 cubic yards of stabilized base and 45 <br />cubic yards of shell or lime rock to the locations specified by Mr. Chesnut. Attorney <br />DeBraal noted Mr. Chesnut was responsible for the construction of the new <br />reconfigured roads. <br />Attorney DeBraal introduced Attorney William "Bill" Doney who attended the <br />mediation. Attorney Doney added that eminent domain was a very expensive <br />process, it was his belief it would be in the County's best interest to accept the <br />settlement agreement as stated by Attorney DeBraal. <br />Commissioner Flescher stated in past trials of this type, the County had not fared well. <br />A motion was made by Commissioner Flescher, seconded by Commissioner <br />Adams, to approve staffs recommendation. The motion carried by the following <br />vote: <br />Aye: 4 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and <br />Commissioner Flescher <br />Absent: 1 - Commissioner Moss <br />U.B. 22-0651 Authorization to proceed with foreclosure on Code enforcement cases: 2020030013 <br />(15th Avenue - Palmer, Michael and Kelly) and 2018010025 (20th Avenue - <br />Cavalier, Diackamann) <br />Recommended action: Staff recommends the Board authorize staff to move forward with outside counsel in <br />the filing of foreclosure on the above named code enforcement cases. <br />Indian River County Florida Page 26 <br />