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<br /> <br />Mr. Mensing <br /> said the “reverse contract” was his solution to problems created by Mr. Kirrie in <br />Roseland. He discussed the problems faced by certain residents and outlined the advantages to be had <br />th <br />from this request for “non-exclusive right to remove pot holes and wash boarding on 129 Street and <br />thth <br />130 Street south of 78 Avenue and only on dirt sections subject to …” conditions outlined in the <br />sample contract. <br /> <br />County Attorney Collins opined that they did not need a contract, but if people were operating in <br />a right-of-way, typically, they get a right-of-way permit. <br /> <br />Commissioners discussed the Sheriff’s concern of an implement touching the road when the <br />grader is being used. <br /> <br />Public Works Director Jim Davis noted that over the years Mr. Mensing has graded the road with <br />a tractor and a box blade. Several years ago he called Mr. Mensing and expressed his concern because of <br />complaints from some residents that he was grading the roads. He also noted how often the County does <br />road maintenance and believed there is a liability for the County if they let citizens on various types of <br />equipment grade public roads. He did not encourage private citizens grading the road system with that <br />type of equipment because someone could get hurt. <br /> <br />Commissioner Wesley thought there would be a “small town revolt” if people could not do it <br />themselves in certain areas like Fellsmere. Discussion ensued on who could grade roads and liability <br />involved. <br /> <br />Attorney Collins discussed differences in residents scraping their private roads to improve the <br />access to their properties and not working within public right-of-ways. There was also discussion on who <br />owns the roads. <br /> <br />October 3, 2006 <br />42 <br /> <br />