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OCT 2 21980 <br />wx <br />45 <br />PAGE 90 <br />ASKED <br />THAT THE COUNTY <br />LOOK INTO THE MATTER AND COME BACK <br />WITH <br />WHAT <br />THE COUNTY'S POSITION WAS GOING TO BE WITH RESPECT TO THE EXPENDITURE <br />OF MONEY, ZONING DIRECTOR WALKER APPARENTLY LOOKED INTO THIS AND <br />DETERMINED THE DRAINAGE WAS NEEDED AND THERE WOULD BE A COST IN <br />EXCESS OF $30,000, MR. BOSCH CONTINUED THAT THE CONTRACTOR HAD <br />STARTED TO BUILD DITCHES, AND IN THAT CONSTRUCTION, MOVED THE FLOW <br />FROM THE STREET TO THE REAR PROPERTY LINE AND BROUGHT WATER BACK <br />ONTO THEIR PROPERTY. HE STATED THAT THEY NEVER HAVE RECEIVED ANY <br />FURTHER REPORT FROM THE COUNTY, AND HE FELT THE COUNTY DID HAVE <br />SOME OBLIGATION TO CURE THIS IN ALLOWING THE DEVELOPER TO BRING THE <br />WATER TO THEM. <br />COMMISSIONER LYONS REITERATED THAT THIS IMPROVEMENT WAS NOT <br />REQUIRED OF THE DEVELOPER AT THAT TIME, WHICH WAS WRONG, AND THE <br />COMMISSION, THEREFORE, DEVELOPED NEW REGULATIONS TO CURE THIS PROBLEM. <br />COMMISSIONER LYONS POINTED OUT THAT WHEN ANYONE BUYS PROPERTY, THEY <br />PAY A PROPORTIONATE SHARE FOR THE IMPROVEMENTS DONE ON THE PROPERTY, <br />AND NOTED THAT WHEN MR. PRESCOTT BOUGHT THIS PROPERTY, APPARENTLY HE <br />DID NOT HAVE TO PAY ANY DRAINAGE IMPROVEMENT AND NOW HE HAS TO FACE <br />UP TO THIS COST. <br />MR. BOSCH STATED THAT THEIR WATER IS BEING DRAINED, AND IT <br />IS THE WATER FLOWING OFF OTHER SUBDIVISIONS ONTO THEIR PROPERTY THAT <br />IS CAUSING THE PROBLEM. HE NOTED THAT THEY COULD PUT UP A BARRIER, <br />AND THE ADMINISTRATOR FELT THEY HAVE THAT RIGHT. <br />COMMISSIONER LYONS FELT THIS BECOMES A CIVIL DISPUTE WITH <br />ANOTHER PROPERTY OWNER, AND IT IS NOT A COUNTY RESPONSIBILITY. <br />MR. BOSCH CONTINUED TO ARGUE THAT THEY DO HAVE AN EASEMENT, <br />AND THAT AFTER THE HURRICANE COUNTY ADMINISTRATOR JENNINGS MADE A <br />STATEMENT TO KNIGHT & MATHIS THAT THE COUNTY WOULD BE HAPPY TO DIC A <br />DITCH TO RELIEVE THEIR FLOODING PROBLEMS IF THEY HAD AN EASEMENT. <br />THE BOARD FELT MR. BOSCH IS NOT COMPARING SIMILAR PROBLEMS, <br />AND ATTORNEY COLLINS STATED THAT THE PROBLEM IS COMPOUNDED IN THAT <br />THE EASEMENT MR, BOSCH IS REFERRING TO IS A UTILITY EASEMENT, NOT A <br />DRAINAGE EASEMENT. THERE ARE NO EASEMENTS FOR DRAINAGE ON THE PLAT. <br />