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County Attorney Vitunac inquired whether any Board member had <br />been approached by anyone regarding this matter, and Chairman Adams <br />stated that she had an ex parte communication on this matter <br />regarding the foliage. <br />Commissioner Macht also had been contacted recrardinrr i-hia <br />matter. <br />County Attorney Vitunac then asked Chairman Adams and <br />Commissioner Macht whether they felt they could give a fair hearing <br />on this matter and they both replied affirmatively. <br />County Attorney Vitunac then swore in all proposed witnesses. <br />Planning Director Stan Boling advised that he had been sworn <br />in and stated that both his resume and Community Development <br />Director Bob Keating's resume were on file in the County Personnel <br />Office should anyone wish to examine them. <br />Director Boling then reviewed the proposed development and <br />stated that there is a possible problem with the utility line. He <br />asked that an additional sentence be added to the recommended <br />conditions that onsite wells and septic tanks can be used on these <br />lots and: "In the event there is no legal right to provide utility <br />service to the project, then conditions relating to water service <br />shall not apply". Planning & Zoning Commission has recommended <br />approval of the project as proposed. <br />Commissioner Macht questioned whether this is a private road, <br />and Director Boling stated that cross -access easements have been <br />set up. The road is privately owned and maintained. ' <br />F4 <br />Chairman Adams inquired whether moving the swale 30' to <br />protect the vegetation applied from 16th Avenue, and Director <br />Boling stated that will be done all along 46th Street on the <br />subject property. It is proposed that the water line would be <br />installed -under the street and the street then repaired. <br />The Chairman opened the public hearing and asked if anyone <br />wished to be heard in this matter. <br />Randy Mosby, the engineer of record, commented that his client <br />is in total agreement with the surrounding neighbors as to the <br />beauty of the area and their desire is to maintain that beauty. He <br />has worked with staff in an attempt to reach some acceptable <br />solutions to the utilities problem and his client is in favor of <br />installing private wells and septic tanks. They have located a <br />route for the water line and his client is willing to go along with <br />those plans but is also willing to go with private wells. He <br />OCTOBER 8, 1996 47 1 BOOK 9 Fp 7 <br />