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1. 43"AVENUE WIDENING UPDATE <br />Assistant Public Works Director Chris Mora, through a PowerPoint Presentation, <br />provided background, which included a history of the 43rd Avenue widening, the status of <br />roadway construction plans and designs, the status of right-of-way acquisition, and the impact on <br />property owners. He also reminded the Board of prior actions on the matter and pointed out that <br />no right-of-way is needed from Mr. Brown's property, only a 10 -foot temporary construction <br />easement. <br />Commissioner Wheeler's question of whether staff realistically believed the schedule <br />presented, led to discussion regarding the commencement and duration of construction for 58th <br />Avenue versus State Road 60 (SR 60). <br />Vice Chairman Davis's question of how the temporary construction easement would <br />affect Mr. Brown's property prompted a response from Director Mora who stated that the hedge <br />would have to be temporarily removed and would be replaced. <br />Everette Brown, 43rd Avenue, in defense of his property rights, opposed the temporary <br />construction easement, which he said would fall within 20 feet of his bedroom, and with the <br />actual road being 45 feet away. He cited significant impact to his home in the form of structural <br />cracks, vibration, noise, dust, and debris, and thought the safety issue would be quite <br />considerable. <br />Mr. Brown requested that all Murphy Reservations along 43rd Avenue be released, as <br />was done on 66th Avenue and should be Countywide, to which Commissioners Wheeler and <br />Davis agreed. Mr. Brown questioned whether a study was done regarding the impact to <br />homeowners and cited the lack of notice to homeowners of their right to legal representation <br />before they signed a contract. He said he was not even aware of the start and end date of <br />construction and found the method used by the County to acquire property, unconscionable. <br />October 7, 2008 26 <br />