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consideration. The Board had also directed staff to delay the scheduled February 16 drawings on <br />two letters of credit, until after the February 17, 2009 Board meeting. Staff, therefore, now <br />requests that the Board open and conduct a public hearing to consider and approve the proposed <br />emergency ordinance amendments, if necessary, to allow annual sidewalk security reductions, <br />and to allow deferral of sidewalk construction until certain criteria are met. <br />The Chairman opened the Public Hearing. <br />Bill Beardsley, 621 Tomahawk Trail, Indian River Shores, speaking on behalf of <br />the Indian River Neighborhood Association (IRNA), said the IRNA supports the emergency <br />ordinance that provides for reduction of the maintenance security at the end of one year of a <br />three-year warranty period. However, they questioned Section 1 (913.09)(5)(b)2c, that states, the <br />developer and the County may agree to defer both sidewalk construction and the posting of <br />security for future sidewalk construction if the certain criteria are met. He had the following <br />questions for staff: (1) What is a functional sidewalk system; (2) what does a timely manner <br />mean; and (3) should there not be notification to existing residents who bought in to the <br />subdivision thinking that these would be completed by a certain time. Mr. Beardsley said the <br />tightening of the language would get their support for the emergency ordinance. <br />Attorney Collins and Director Boling provided answers to all of Mr. Beardsley's <br />questions. <br />Joseph Paladin, President of Black Swan Consulting, referring to the functional <br />sidewalk system, asked whether one could call it a sufficient sidewalk system if a plan that calls <br />for sidewalks on both sides of the street, had only one completed system on one side of the street. <br />February 17, 2009 5 <br />