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Boa 97 PAGE 779 <br />Director Davis advised that 53rd has been on the grid since <br />platted in 1922 by Indian River Farms Company. <br />Commissioner Macht asked the County Attorney if the adoption <br />of staff's recommendation would be fair to both parties by allowing <br />both parties to get what they need out of it. <br />County Attorney Vitunac explained that the Board has to assume <br />that the decision of need has to be made by the Board before they <br />can transfer their obligations under the contract. <br />Commissioner Macht questioned whether it would be permanent <br />need or short-term need, and County Attorney Vitunac explained that <br />there is a very wide latitude on what "need" means. <br />Commissioner Eggert felt that the determination of need <br />annually seemed that it was "annual need". <br />County Attorney Vitunac advised that as soon as the Board says <br />there is a need, whatever it means to them, they assign the <br />contract to Mr. Cairns. Then Mr. Cairns has to do all the rest of <br />the contract, including getting the road built and so forth. <br />Attorney Vocelle reminded them that if they do -that and Mr. <br />Cairns' group does not accept the assignment, then we are back at <br />the same situation. <br />Commissioner Bird felt that if the Board chooses Alternative <br />1, then the decision is just being postponed to another day. <br />Commissioner Eggert felt it has gone on too long. She does <br />not see a County need, but does see a developer's need and, on a <br />condition that he does indeed go forward with his site plan, <br />MOTION WAS MADE by Commissioner Eggert, SECONDED by <br />Commissioner Tippin, to acknowledge that there is no <br />present County need for Storm Grove Road, but there <br />is a developer's need, and to approve Alternative 3 <br />on condition that the developer goes forward with an <br />approved site plan. <br />Commissioner Bird wanted clarification of the motion. <br />County Attorney Vitunac interpreted it another way, that the <br />Board is saying that there is a need and they want to transfer the <br />contract to Mr. Cairns. <br />Commissioner Eggert interjected that the need is conditioned <br />on the fact that a site plan is filed; there's no need if there's <br />no site plan. <br />52 <br />April 9, 1996 <br />