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Commissioner Davis did not want to lose the efforts that had already been put forth on <br />this project, and requested Attorney DeBraal to research what the State's minimum requirements <br />are, to keep the Exchange Agreement in place regardless of timeframe, so that a decision could <br />be made. <br />ON MOTION by Commissioner Davis, SECONDED by <br />Commissioner Flescher, by a 4-0 vote (Vice Chairman <br />Solari absent), the Board directed the Deputy County <br />Attorney to contact the Department of Environmental <br />Protection (DEP) for a definitive answer as to what can be <br />done to keep the options open, and to bring the <br />information to the Board for a final decision. <br />13.B. RECONSIDERATION OF A CQUISITION OF RIGHT-OF-WAY ALONG <br />66TH AVENUE BANACK FAMILY LIMITED PARTNERSHIP 66TH AVENUE AND 41sT <br />STREET <br />Attorney DeBraal recapped his memorandum of November 23, 2009. He recalled that <br />the Board had declined a prior purchase of the Banack parcel, due to the uncertainty of the palm <br />trees that are situated on the property. He used an aerial map to identify the 3.838 acre strip of <br />property located on 66th Avenue, south of 41St Street, and the 565 palm trees that would be <br />affected in the area of take. He thereafter provided the details of the negotiation agreement with <br />the Banack Family Limited Partnership. <br />Rusty Banack, Bancak Family Limited Partnership, addressed the Board's questions <br />relating to the palm tree warranty and discount. <br />30 <br />December 1, 2009 <br />