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Question arose as to what precipitated this whole <br />matter, and Mr. Domico stated that what happened was that <br />Conline Subdivision was presented for site plan approval and <br />they missed it. <br />Attorney Vocelle believed that the road was viewed at <br />all times by the residents as a public road until the issue <br />of the Conline Subdivision came up, and he did not feel the <br />drainage situation was nearly as bad as Mr. Domico <br />represented. <br />Chairman Scurlock felt the only issue before the Board <br />today is whether we want to accept the street or not. <br />Mr. Domico emphasized that his issue was that the City <br />has not.been maintaining the street all these years, and <br />Attorney Vocelle continued to stress that this matter has <br />been through a public hearing before the City; the City has <br />heard the citizens and has decided the road should go <br />through; and he did not feel the County Commission should <br />act as a court of appeals. <br />Attorney Brandenburg informed the Board that he just <br />came upon a Florida statute which indicates that when lands <br />are conveyed to a county or municipality for a specific <br />purpose and they do not use it or make the improvements <br />necessary to use it for that purpose for a period of 60 <br />consecutive months, then the owners of the adjoining <br />properties can demand that it be conveyed back to them. It <br />appears that it has been more than 60 months and that little <br />through section has not been built, and, therefore, Attorney <br />Brandenburg felt this issue should be addressed. <br />Commissioner Lyons commented that the whole thing seems <br />to be out of order; the City apparently made a decision <br />based on the assumption that was their road and all the <br />public hearings apparently have taken place based on a <br />misconception. <br />49 <br />AUG 2 2 1984 BOOK 58 pnf 85 <br />