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MOTION WAS MADE by Commissioner Wheeler, <br />SECONDED by Commissioner Flescher, to approve <br />Option 4 — Guardrail Canal. <br />There was a brief discussion regarding the guardrail option and where it would be <br />situated, the speed limit being lowered, piping the canal, the Flemings selling the property, the <br />level of necessity, and eminent domain. <br />The Chairman CALLED THE QUESTION. The Board <br />unanimously: (1) Authorized the design and construction <br />of 16th Street to continue in the vicinity of the Fleming <br />property along the alignment of Option 4 — Guardrail <br />Canal: To obtain 14%2 feet of right-of-way from the <br />Flemings and relocate the proposed road south of the <br />present design alignment, and install guardrail between the <br />road and the canal; (2) Authorized an updated appraisal for <br />the right-of-way needed from the Flemings for the <br />construction of 16th Street in accordance with the chosen <br />design; (3) Approved that a final offer be made to the <br />Flemings for the appraised value of the right-of-way; and <br />(4) Authorized staff to draft a Resolution of Necessity for <br />the Fleming property, as recommended in the <br />memorandum of April 1, 2008. <br />Ted Robinson reemphasized that the Flemings did not wish to sell their property, <br />and asked for legal guidance. Attorney Collins explained Mrs. Fleming's rights and the law as it <br />applies to Statutory requirements, and Assistant County Administrator Mike Zito detailed the <br />process. <br />46 <br />April 8, 2008 <br />