Minutes 10-04-2011 - Laserfiche WebLink

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Commissioner Yuhasz: I think that that question is the question that we are going to discuss on Thursday. As the Planning Director said, whatever decision we make on that can be accepted at a later date. Frank Clifton: I might offer this issue, not knowing how the Board will discuss or pursue this issue when you go into the work session. We don't maintain sidewalks anywhere else in the County except on County properties. This condition that you've got as part of this subdivision, during your considerations, you can act on this with a reservation that if the Board in the future moves to develop a sidewalk plan of some kind, that you would pursue that as something you could do. I think the issue you're going to have is, throughout the County, this is going to be very difficult. It's a whole new program for County government. Hundreds of thousands of dollars are associated with it over a long-term issue. In this case, they have no plans to put sidewalks in, so basically they are saying that if some third party wants to put them in there and maintain them, they're ok with that. While you might be able to require some private developer to do that and maybe have a homeowner's association as part of the maintenance, it appears that there is somebody else that doesn't seem to exist yet that the Planning Board makes reference to as a possible entity to maintain sidewalks. I think that as you address this contingent on some policy the Board may adopt in the future with regards to these issues. I want to caution you on the basis that I'm sure that a lot of people would like to have sidewalks all over the County if the County got into the sidewalk business. I'm not aware of any areas in the County that have sidewalks unless the developer has put them in. I know the County doesn't have any maintenance program and I know the DOT is moving away from maintaining sidewalks except in heavily urbanized areas. As you know, the DOT and the State has offered new opportunities to help fund maintenance of roads and other associated infrastructure along the right-of-ways. They haven't required them yet, but I think that's something that they are moving towards. It's a very complicated issue, obviously. I don't think we have an answer for the question, but it's a question that this Board has to answer and decide if the County wants to dedicate a program of maintaining sidewalks. You're not going to find a third party except where a homeowner's association or some type of fund exists where the developer puts it in to make sure they are taken care of. Commissioner Yuhasz: Is anyone on this Board inclined to require the developer to put sidewalks in and maintain them? Commissioner Jacobs: No, but I am inclined to leave this language which the developer has agreed to, because in the absence of a conversation about what the Board of County Commissioners might want to do about sidewalks, we would want to leave ourselves the opportunity if we find a sidewalk or some other third party that wants to bestow money to do either the installation or maintenance, we would like to treat this developer like any other developer in that sense. I just want to be clear that there would be an opportunity to put in sidewalks if someone came up with the money. Is that correct? We don't have to reserve anything? It's already essentially stipulated that DOT doesn't object to having it in its right-of- way? Michael Harvey: DOT will require essentially a third-party encroachment agreement, which they have indicated they will allow. This condition does not stop the ability of sidewalks being installed.