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Commissioner O'Bryan felt this was something they need to find a good solution <br />for. He had visited the area; saw the vegetation; and could not imagine why they would want to <br />destroy such natural habitat for the sake of fills. <br />Chairman Davis, too, had seen the vegetation and agreed with Commissioner <br />O'Bryan's comments. <br />Commissioner Wheeler said the main thing that concerned him was the verbiage at <br />page 260 of the backup, which reads, "Should lot filling not occur the developer can shift that <br />responsibility to the homeowners' association (which will be ill-equipped to follow through)." <br />Although he agreed with Commissioners Davis and O'Bryan, his concern was that the people <br />buying those lots have invested in them for their future, and he felt they need to be protected. <br />Jim Taylor, Esquire, Rossway Moore & Taylor Law Firm, 5070 N. Highway <br />Al A, representing Foster I.R.C., LLC, the Developer of Huntington Place, commenting on the <br />141 lot subdivision, west of Town off Kings Highway, said only three lots have sold; and on the <br />County's imposed lot -fill requirement, in January 2007, that the lots be filled to 75% of finished <br />grades within two years, while not necessarily viewed as palatable, was accepted because they <br />understood the County's concern. <br />Mr. Taylor agreed that lot filling would result in a destruction of that natural <br />habitat and beauty of the subdivision. As a consequence, he said the developer was prepared to <br />work with staff in a manner consistent with Attorney Collins suggestions. He stated that if the <br />Letter of Credit is pulled it would have a disastrous effect on Foster, as well as on the <br />subdivision and lot owners. <br />Commissioner O'Bryan asked if Foster could provide an extended Letter of Credit <br />and Mr. Taylor said Fifth Third Bank was prepared to extend the letter of credit. <br />January 6, 2009 <br />16 <br />