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Board of County Commissioners Meeting Minutes - Final March 5, 2024 <br />stated that it was completed and looked good. He added that other issues with <br />the rest of the road would be addressed at a later date. <br />A motion was made by Commissioner Earman, seconded by Commissioner <br />Loar, to authorize payment of $235,325.81 from the Indian River County <br />Department of Utility Services to the Florida Department of Transportation. <br />The motion carried by the following vote: <br />Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, <br />Commissioner Moss, and Commissioner Loar <br />13. COUNTY ATTORNEY MATTERS <br />13.A. 24-0203 22 Beachfront Litigation Update <br />Recommended action: Staff request the Board to determine which action they would like to take moving <br />forward. <br />Attachments: Staff Report <br />Memorandum from Outside Council <br />Final Order <br />Deputy County Attorney Susan Prado provided an update on the 22 Beach Front <br />Customary Use Litigation case that began in October 2018. She stated a final order <br />had been issued. However, due to the manner in which the final order was rendered, <br />the County Attorney's office was seeking guidance from the Board on how to <br />proceed. Ms. Prado further explained that the County Attorney's office and outside <br />Counsel did not recommend an appeal as it would not be advantageous to the <br />County. She stated that settling the case would involve paying only the costs awarded <br />in the order, which amounted to approximately $35,000 for the respondent in this <br />case. <br />There was no further discussion on the Item. <br />A motion was made by Commissioner Loar, seconded by Vice Chairman <br />Flescher, to approve outside Counsel to move forward with settling the <br />Twenty-two Beach Front litigation case. The motion carried by the following <br />vote: <br />Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner <br />Moss, and Commissioner Loar <br />13.B. 24-0213 Manufacturers and Retail Opioid Class Action Settlement Payouts <br />Recommended Action: The County Attorney's Office recommends that the Board discuss the payouts and <br />allotments from the Retail and Manufacturers Settlements. <br />Indian River County Florida Page 15 <br />