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04/21/2015
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04/21/2015
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Last modified
1/30/2018 3:52:49 PM
Creation date
7/10/2015 3:11:33 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
04/21/2015
Meeting Body
Board of County Commissioners
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11:02 B. <br />a.m. <br />office to draft a Resolution asking the Florida Legislature to <br />establish a 3% cap on the annual growth of individual County <br />Medicaid Costs. She presented the proposed document for Board <br />approval. <br />ON MOTION by Commissioner O'Bryan, SECONDED by Vice <br />Chairman Solari, the Board unanimously approved Resolution <br />2015-052, urging the Florida Legislature to establish a three <br />percent (3%) cap on the annual growth rate for individual County <br />Medicaid costs under Section 409.915, Florida Statutes. <br />Add: Approval of Expert Witness Fees for Abazis: Parcel 102 <br />(memorandum dated April 20, 2015) <br />Deputy County Attorney Bill DeBraal provided background on the <br />lawsuit in which the Abazis disputed the valuation of their 66th <br />Avenue property that the County acquired through eminent <br />domain. He relayed that the litigation has concluded, and that staff <br />and outside counsel Bill Doney, recommend payment of the Abazis' <br />expert witness fees and costs, which the condemning authority is <br />obligated by Florida Statute 73.091 to pay. Attorney DeBraal <br />thereafter responded to questions from the Board. <br />General discussion ensued about the County's position as the <br />condemning authority in eminent domain proceedings. It was <br />stressed that acquiring property from a willing seller is preferable <br />to "taking it" through the eminent domain process. <br />Attorney DeBraal, assisted by Attorney Reingold, provided a <br />comparison of the County's original offer to the Abazis and the <br />final total costs. <br />Several Board Members voiced their dissatisfaction with being <br />obligated to pay the Abazis' costs. Commissioner O'Bryan said he <br />realized that the Board needed to take the action, so he would make <br />the Motion "under protest." <br />ON MOTION by Commissioner O'Bryan, SECONDED by <br />Commissioner Flescher, the Board unanimously approved the <br />Abazis Family's Experts Costs and Fees in the amount of <br />$182,102.25. <br />Chairman Davis requested that Attorney DeBraal return to the <br />Board with financial details on the County's other eminent domain <br />acquisitions on 66th Avenue. <br />Attorney DeBraal agreed to report back to the Board. <br />Board of County Commission Meeting Page 13 <br />April 21, 2015 <br />
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