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purpose; and in 1938 the State of Florida ruled that to do that, you need a two-thirds vote of the <br />Legislature. <br />Commissioner Wheeler indicated that this item should not have been placed under <br />the Consent Agenda since it is a controversial item; and the letters Attorney Block sent to the <br />County should have been placed in the Backup for further clarification. <br />Attorney Block read the letters that were sent to the Community Development <br />Department into the record. <br />Chairman Davis felt this issue puts the government against private property rights; <br />that it is not a safety issue but a property rights issue; and that it is outside his realm of expertise. <br />Attorney Block discussed the County's 13 foot assist; the allowance of 30 feet for <br />proper ingress and egress; and Carter Associates' 1994 survey where witness points were used. <br />Attorney Collins acknowledged that he had not responded to Attorney Block's <br />letters because of the legal issues regarding maintenance. He had checked with the Road and <br />Bridge Division to determine if they had maintained it for the required seven years, and found out <br />they had maintained it for 15 years. He thereafter referenced page 124 of the Backup, and raised a <br />fact issue as to whether the road maintenance only reflected on the database, or if the County <br />actually maintained it. <br />County Administrator Baird suggested bringing this item back to the Board after <br />meeting with the property owners. He revealed that the County is trying to protect the future rights <br />of the road, and felt the argument was with the width of the road (Old Dixie). <br />12 <br />December 2, 2008 <br />