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Notices that had already been sent. He acknowledged that other Notices have not been sent out, <br />and were pending the results of today's meeting. He pointed out that if Alternative No. 1 is <br />selected, the Notices that were sent out would need to be retracted. <br />Attorney Collins clarified that after the Notice to Owner is sent, negotiations will <br />remain open for 120 days after the notification to complete a voluntary purchase, unless extended <br />by both parties, or terminated by either party in writing. Therefore, if staff decides there is no <br />money to move forward with the acquisition, staff can terminate by a written notice to those parties <br />that dropped out of the five year plan. <br />Administrator Zito specified that the Capital Improvement Element (CIE) segment <br />is from 12th Street to Oslo Road, with funding included in the third year, and that the intention is to <br />concentrate the efforts on the segment of 43rd Avenue from 8th Street and 12th Street since the <br />County can afford to centralize that effort; and that the segment south of 43rd Avenue is just a <br />distant consideration for funding at this point. <br />Ruth Stanbridge, 4835 66th Avenue, found this departmental item misleading. She <br />believed Alternative No. 1: (1) deals indirectly with 43rd Avenue, and directly with revising and <br />amending Resolution 2008-139; (2) deals directly with the funding for right-of-way and retracting <br />or rescinding the Notice to Owner, which may not be legal; and (3) is a County -wide issue that is <br />hidden inside a departmental subject. She did not feel Alternative No. 2 was any better since staff <br />could allow deviation from this policy; and it could be made to fit circumstances of unique <br />acquisitions. Mrs. Stanbridge felt the Board should: (1) choose Alternative No. 3; (2) direct staff <br />to continue sending the Notice to Owner in accordance with the Resolution; (3) continue <br />purchasing acquisitions to widen future roads; (4) reaffirm that the Notice to Owner (which was <br />already sent) be honored; (5) not amend Resolution 2008-139; (6) continue to make the right-of- <br />way acquisitions a priority; and (7) ensure the procedures under the Resolution continue to move <br />forward. <br />35 <br />December 2, 2008 <br />