1/23/1996 - Laserfiche WebLink

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Box, 97 Pi4,;d57 MOTION WAS MADE by Commissioner Eggert, SECONDED BY Commissioner Bird, to approve staff's recommendation to execute the contract with Sylvia Green, subject to the contract condition that the berm be built by and materials and labor be furnished and paid for by DeBartolo Corporation. Commissioner Bird queried Public Works Director Jim Davis extensively about the process that had been followed including clarification of the agreements wish respect to cost sharing, how and why DeBartolo elected to pave the road, reason for differences in sizes of rights-of-way acquisitions, the County's role in negotiations between DeBartolo and the property owners, and other specifics of the process. He felt that DeBartolo seemed to be shifting the burden to the residents, but was convinced that property values would be enhanced. Commissioner Tippin was concerned because an irate property owner, who was opposed to the paving, had complained to him that no public hearing was held. That.property owner felt as though the contributions of rights-of-way were being made for DeBartolo's benefit. Commissioner Tippin felt that the County ought to have done more in public relations. In response, Director Davis advised that this had not been a quick process and all property owners affected had been notified. He also advised that if the road is not paved, most contracts provided that the property revert back to the property owner. In addition, he mentioned that if DeBartolo does not get donations of all needed rights-of-way, they may have to request the County to start eminent domain. Chairman Adams asserted that many of the property owners wanted to have the road paved. Commissioner Macht pointed out that the worst thing that could happen in this instance was a failure of a voluntary effort. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. COPY OF CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 40 Januar 23, 1996 _I