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privacy wall adjacent to the pool was causing ponding in the backyard. He recommended <br />approval with the condition that a yard drain be installed to convey runoff from the rear yard <br />to the street to eliminate the ponding situation. <br />The Chairman opened the public hearing and asked if anyone wished to be heard <br />regarding this matter. <br />Steve Henderson, the Puchters' Attorney, explained the Puchters were unaware of <br />the encroachment at the time of purchase. However, it was discovered in 2001 during a <br />pending sale of the property that fell through. The property is currently under contract and <br />he asked the Board not to attach the yard drain condition as a delay may cause the Puchters <br />to lose another property sale. He declared that a drainage plan was currently in process and <br />the contractor was willing to post bond to ensure completion of the work. <br />The Chairman asked if anyone else wished to be heard with regard to this matter. <br />There being none, the Chairman closed the public hearing. <br />Commissioner Fran Adams was willing to accept the encroachment and was in favor <br />of the contingency. She felt it was essential to have a guarantee that the work was <br />completed. <br />Director Stan Boling said if the work was not completed then it would be the <br />County's responsibility to perform the work and he recommended that a time limit be set. <br />He related that his staff would confirm and certify after inspection that this condition has <br />been met. <br />After some discussion, Public Works Director Jim Davis suggested the project be <br />given 60 days for completion and asked that the engineer provide a cost estimate for his <br />review. <br />Commissioner Ginn felt a cash bond would satisfy everyone. <br />JANUARY 14, 2003 6 <br />