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ASSISTANT ADMINISTRATOR NELSON BROUGHT UP THE PETITION <br />SIGNED BY 27 RESIDENTS OF FELLSMERE REQUESTING THAT A SPEED LIMIT <br />OF 35 MPH BE ESTABLISHED BETWEEN DITCH 18 AND DITCH 22 ON WILLOW ST. <br />MR. NELSON NOTED THAT THIS ROAD IS IN THE COUNTY, BUT IT IS ON THE <br />FELLSMERE WATER CONTROL DISTRICT RIGHT-OF-WAY AND THEY TOOK NO ACTION <br />9N IT ONE WAY OR ANOTHER. HE RECOMMENDED THAT WE DO POST THIS ROAD. <br />COMMISSIONER LOY FELT SINCE THIS IS A DIRT ROAD ON A WATER <br />CONTROL DISTRICT RIGHT OF WAY, WE SHOULD HAVE OUR ATTORNEYS OPINION. <br />ATTORNEY COLLINS STATED THAT THE ISSUE AS HE SEES IT IS <br />THAT THESE ROADS ARE IN THE WATER CONTROL DISTRICT AND ARE NOT DEDI- <br />CATED TO THE COUNTY FOR MAINTENANCE OR ENFORCEMENT. HE NOTED THAT <br />BECAUSE OF THE SEVERE ROAD PROBLEMS IN THIS AREA, THE BOARD SEVERAL <br />YEARS AGO ENTERED INTO AN AGREEMENT WITH THE DISTRICT TO MAINTAIN <br />SOME OF THEIR ROADS, BUT HE FELT POSTING THE ROADS WOULD REQUIRE AN <br />EXTENSION OF THAT AGREEMENT. THE ATTORNEY DID NOT QUESTION THE NEED <br />BUT POINTED OUT THAT ONCE THE COUNTY ASSUMES THAT RESPONSIBILITY, <br />THEY ALSO ASSUME A LIABILITY AND THEY WOULD BE SETTING A PRECEDENT, <br />COMMISSIONER SIEBERT FELT WE HAVE SOME LIABILITY NOW BECAUSE <br />WE HAVE TAKEN OVER MAINTENANCE OF THE ROAD, AND WE MIGHT BE IN WORSE <br />SHAPE IF WE DIDN°T POST IT, BUT ATTORNEY COLLINS POINTED OUT THAT <br />THE GENERAL RULE IF THE ROAD IS NOT POSTED IS THAT IT IS 30 MPH. HE <br />FELT IF YOU TAKE AN AFFIRMATIVE ACTION BY POSTING, AND THE THE SIGN <br />IS DESTROYED OR REMOVED AND NOT REPLACED, YOU ARE CREATING ANOTHER <br />LIABILITY. HE COMMENTED THAT OBVIOUSLY THE DRAINAGE DISTRICT DOESN'T <br />WANT ANY PART OF THIS POTENTIAL LIABILITY. <br />DISCUSSION CONTINUED AS TO OWNERSHIP OF THE ROAD, AND IT <br />WAS NOTED THAT THIS IS THE ONLY ACCESS TO THESE PEOPLE IS_HOMES. <br />COMMISSIONER LYONS DID NOT FEEL THAT WE COULD IGNORE THESE PEOPLE. <br />MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- <br />SIONER DEESON, TO AUTHORIZE THE ATTORNEY TO DRAW UP AN AMENDMENT TO <br />THE INTERLOCAL AGREEMENT WITH THE*FELLSMERE WATER CONTROL DISTRICT, <br />AUTHORIZING THE COUNTY TO POST SPEED SIGNS ON WILLOW STREET AND <br />-AUTHORIZING THE CHAIRMAN'S SIGNATURE. <br />CHAIRMAN WODTKE I-NQUIRED IF THE DRAINAGE DISTRICT WAS RE- <br />QUESTED TO RESPOND TO THE PETITION, AND MR, NELSON FELT THE DRAINAGE <br />19 <br />OCT O 1979 BOOK 4. PAGE 64 7 <br />