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Public Works Director Chris Mora reported that staff had inspected the culverts along 122nd Street, that most were in an operational condition, and that a letter to this effect had been sent to Mr. O'Connor, as well as other property owners. He also said that the property owners were notified that said property was private property, not in public domain, and that suggestions were offered for eliminating the "ponding" onto Mr O'Connor's property. He suggested the property owners pool their money and install an additional culvert between the O'Connor and Rizzoski property line to convey the water north into the 122nd Street ditch. County Attorney Alan Polackwich surmised that it was too late for a County recourse since the C.O. had already been issued, and he clarified that Statute 912.08 deals with preconstruction approval of conceptual drainage. Extensive discussion and debate ensued regarding the construction of the neighboring property, issuance of the C.O., what staff had originally approved and what currently exists on the property, unimproved swells, said property considered as private property, and whether the County should install a culvert under the road to obtain relief in accordance with Code 403.22 - which deals with storm drainage nuisance and/or a code enforcement point of view. Vice Chairman Solari believed that unless it could be determined that a mistake had occurred, which would bring the situation to a level of nuisance, then the Government has no part in this situation, but rather a solution between the neighbors. He wanted Attorney Polackwich to provide a determination as to which options would be available. Chairman O'Bryan informed Mr. O'Connor that this issue would be handled by the County Attorney for review of possible solutions and/or legal recourses, and that he would be kept informed of the situation. 12 July 6, 2010 BK 139 PG 575