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(2) Take no action until the lawsuit is over and proceed according to -the <br />results of the lawsuit. <br />(3) Proceed with paving the road at County expense intending to recoup the <br />private share of the cost from the assessments if the lawsuit is <br />successful. <br />Chairman Adams advised that, in order to simplify the <br />financing of this project, Public Works Director Jim Davis and <br />County Attorney Vitunac feel that an MSTU will work out much better <br />on this particular project, similar to what has been done in Vero <br />Lake Estates. She also mentioned that the City of Fellsmere still <br />wants to be out of it. <br />County Attorney Vitunac believed that Fellsmere wouldibe out. <br />of this concerning legal fees. <br />Rusty Roberts (called Mr. "Reynolds" in the memo) explained <br />the proviso and how it might be an amorphous possibility for the <br />plaintiff to receive attorney fees. He reported that <br />unfortunately, due to the luck of the draw, Judge Norman Rutger was <br />assigned to this case and the Judge has no docket. Mr. Roberts has <br />tried to get the case transferred to Indian River County for a more <br />rapid resolution, but was not successful. He felt it was senseless <br />to continue to wait for this judge, incur costs and legal fees, and <br />not build the road. The Plaintiff and the City of Fellsmere have <br />agreed to enter into an agreement to dismiss the lawsuit with <br />prejudice, with each party bearing its own costs and attorney fees, <br />except for the proviso (in the memorandum), and start over again. <br />Commissioner Macht agreed with the proposal and hoped the <br />Board never has another public hearing under the same <br />circumstances. <br />Attorney Bruce Barkett was present in the audience on behalf <br />of his client -and indicated that he did not wish to make a comment. <br />ON MOTION by Commissioner Macht, SECONDED by <br />Commissioner Eggert, the Board unanimously approved <br />Option #1, to enter into a settlement of the federal <br />lawsuit having the case dismissed with each party <br />bearing its own costs and attorney's fees, subject <br />to the one attorney fee proviso mentioned in the <br />memorandum, while the Public Works Department <br />withdraws its special assessment program, releases <br />all liens, and returns any escrowed funds; and <br />directed staff to develop a better assessment <br />program for the Board to consider, as recommended in <br />the memorandum. <br />54 <br />September 24, 1996e <br />BOOK 9g F����13 <br />