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right-of-way. <br />Director Szpyrka detailed staffs recommendations of options for <br />consideration by the Board: <br />• Option #1— Grade all remaining unpaved roads <br />• Option #2 — Grade certain unpaved roads <br />• Option #3 — Create Municipal Services Taxing Unit (MSTU) or <br />Municipal Services Benefits Unit (MSBU) Funding Source for <br />entire unincorporated Fellsmere <br />• Option #4 - Create MSBU for qualifying individual unpaved <br />roads <br />County Attorney Dylan Reingold reviewed the legal issues with <br />maintaining the roads on private property and pointed out two parts of <br />the Public Purpose Doctrine which states: 1) 100% of the cost for work <br />on private property must be borne by the private property owners; and <br />2) if it is not 100% borne by the private property owners, then the public <br />should be able to have access or the ability to use those roads through <br />either a) the property being dedicated as right-of-way; b) easements <br />being granted and recorded; or c) a way that the public knows they have <br />the right to utilize those rights-of-way. <br />5. QUESTIONS, COMMENTS AND DISCUSSION FROM THE BOARD <br />6:26 Individual Board Members posed questions and offered <br />p•m• comments/suggestions on improving any unmaintained unpaved <br />roadways to meet minimum roadway standards as part of expanding <br />roadway maintenance of which were addressed by staff. <br />Commissioner Zorc wanted to hear from the FWCD and felt they played <br />a vital role in regards to the right-of-way and the storm water discharge <br />issues which may change the questions or the solutions proposed by the <br />Board. <br />Commissioner Davis spoke on the four types of roads that he considered <br />problematic in the unincorporated area of Fellsmere: 1) South of County <br />Road (CR) 512 on the west side of Willow Street; however, on the east <br />side of Willow Street the roads are maintained; 2) Circle Z, north of CR <br />512, west of Park Lateral; 3) 95th Street; and 4) 1091h Street west of Park <br />Lateral (no homes located on the street, but heavy traffic). <br />Fellsmere Roads Workshop Page 2 <br />June 27, 2016 <br />