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Item O2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 16, 2005 Division: County Attorney's Office Bulk Item: Yes No xxxx Staff Contact Person: Bob Shillinger AGENDA ITEM WORDING: Discussion of settlement options in Monroe County v. Mark Fraleigh. ITEM BACKGROUND: Mark Fraleigh purchased structures that encroach on the County's right-of-way on Card Sound road in 2003 for @ $125,000.00. The County had sued the prior owner and now Mr. Fraleigh to remove the structures from the right-of-way. The structures consist of a stilt house, with boat slips beneath, fencing, landscaping, a pavilion, decking, and dockage. Only a small portion of the structures are located on the County's right-of~way. The balance is located over state owned submerged lands. Fraleigh has indicated a willingness to donate the structures to the County and/or the state for public or governmental use. His motivation is a potential tax write off. Staff is currently exploring potential uses of the structures; howevet: if no uses are compatible with existing state and county regulations. demolition would be required. If the County assumed ownership over the structures, it would likely have to bear the expense of demolition. PREVIOUS RELEVANT BOCC ACTION: In August 2004, the Board rejected Fraleigh's offer to sell his structures to the County for $125,000.00. CONTRACT/AGREEMENT CHANGES: nla STAFF RECOMMENDATIONS: Approval of authority to negotiate settlement. TOTAL COST:unknown COST TO COUNTY:unknown REVENUE PRODUCING: Yes BUDGETED: Yes No xxx SOURCE OF FUNDS: AMOUNTPERMONTH_ Year No APPROVED BY: County Atty~ OMB/Purchasing _ Risk Management_ DMSlON DIREcroR APPROVAL: q W~ ~ 0' \ :lll 0.( 1. R. Collins Not Required~ DOCUMENTATION: Included _ DISPosmON: Revised 2/05 AGENDA ITEM #