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<br />Dr. Nicholas <br />hadpresented these issues to the Board before but only some of the problems have <br />been corrected. Carter Associates, Inc.’s engineer, John Blum, has signed off on the project and <br />the homeowners are seeking help from the Board. <br />Commissioner Macht suggested implementing a provision whereby the Board may <br />force the developer to follow through with their commitments. After holding joint meetings with <br />the developer, Mr. Chase, and the engineers at Carter Associates, Inc., the developer agreed to <br />clear up these problems but failed to follow through with his promises. <br />Chairman Ginn wanted to know how the Board could influence the developer and <br />she sought advice from Attorney Collins, who explained the Board has no leverage once the <br />certification is signed off. He said there is a one-year warranty period for public dedicated <br />improvements but not for private systems. Amending the LDRs to require a warranty for private <br />systems is something the Board could look into. In this case he thought it might be a civil matter <br />between the homeowners association and the developer. <br /> <br />Dr. Nicholas <br /> said the Board needs to have control of the developer and suggested <br />prior to site plan approval that there be mandatory requirements to ensure that the developer <br />completes his commitments. <br /> <br />Brian Heady, <br /> Vero Beach, thought the County should file a claim with the <br />developer’s insurance. <br /> <br /> Dean Luethje, <br />When asked to comment a principal with Carter Associates, Inc., <br />said he was not prepared to make a formal presentation. He thought there were several <br />circumstances that needed to be brought out but he needed time to look into the allegations. He did <br />comment that several of the items have been repaired, several are maintenance problems, and <br />several were not part of their contract. He agreed that there should be mandatory requirements for <br />the developers. This was the first time he saw asphalt that thin and he had no explanation. He <br />JUNE 22, 2004 <br />22 <br /> <br />