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Amanda Avery, 5235 NW North Piper Circle, Port St. Lucie, read a letter from <br />Ms. Theresa Bryant, property owner on Old Dixie Highway, Sebastian, who could not be <br />present. The letter in essence objected to the historic designation. <br />Jeffrey Smith, Esquire, Smith & Associates, Tallahassee, on behalf of George <br />Maib, felt the Board was given alternative options that may not be complete, and suggested an <br />alternative - that the Board could deny the petition and forego the requirement to include this as <br />an amendment to the Comprehensive Plan. He said that does not eliminate the Board's ability to <br />give the recognition they believe Old Dixie Highway deserves. He strongly urged the Board to <br />post signs in different areas to let people know about the Highway, if they deem the road <br />deserves recognition. <br />Attorney Smith, as an Attorney for a property owner, expressed deep concern <br />about placing inordinate burden on the property rights along that segment. He understood our <br />historic criteria ordinance and the requirements, and felt that six of the thirteen criteria could not <br />be applied here. He urged the Board to look at that from a legal perspective because it does not <br />make sense to say we are going to designate something, but it does not have to meet the <br />requirements of our existing ordinance. He briefly mentioned the Notice issue, because he <br />thought it was a potential fatal defect, and did not think it was one that the Board could ignore, <br />because the railroad is an important part of the FEC rights and what they are able to do <br />development wise. <br />Attorney Smith thought this was a huge slippery slope issue for the Commission, <br />and remarked that if the Board were only relying on the fact that this is 50 years old, they were <br />opening -up themselves to anyone who has a request in the like. He believed the Maintenance <br />map issue was significant; and that there were issues about the actual alignment that are <br />inconclusive, and he wanted Carter to confirm that the exact alignment could be determined. <br />Attorney Smith urged the Board to consider the factual issues, and pointed out <br />that there was nothing unique or special about this particular part of Old Dixie Highway. He <br />14 <br />July 8, 2008 <br />