Minutes 04-23-2013 - Laserfiche WebLink

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source of transferring storm water. He said that the rationale of the plan is that it avoids clear cutting and protects the viability of the creek. Chair Jacobs said the DOT has a one size fits all for the roads and he feels the developers have done the best job possible with this. Commissioner Dorosin asked how much discretion the Board has in approving something like this. Michael Harvey asked what the concerns Commissioner Dorosin had and said the process indicates that the planning board said this meets the code and staff said it meets the code. He said the commissioner has the opportunity to express dislike for the project or the code. Commissioner Dorosin said he is just curious. He referenced the restrictive covenants and asked if this is something the developers are required to do. Michael Harvey said yes. Commissioner Dorosin asked if this is to ensure preservation of the open space. Michael Harvey said the restrictive covenants are what the local residents will have to live with. He said the County staff establishes the planning guidelines. Commissioner Dorosin asked if the Board of County Commissioners have input into what an HOA does with their covenants. He referenced the covenant prohibiting signs and said this violates first amendment rights. John Roberts said the Board has input only on restrictions that have to do with UDO and Comprehensive planning. He does not believe the Board has authority over Homeowners Association restrictive covenants. Commissioner Dorosin asked if there can be later discussion of putting something in the UDO regarding this issue, specifically first amendment violations in covenants. Chair Jacobs said there have been instances where developers refused to show the covenants. He said there have been requests in the past to change covenants to allow clotheslines, and developers have made changes. Tom Heffner said the no sign issue was to address business types of signs and this will be reviewed and appropriately changed. He said he agreed with Commissioner Dorosin about covenants but the reality is that people like the assurance given by restrictive covenants, especially in the case of more expensive lots. He invited the Commissioners to email him with any other concerns. A motion was made by Commissioner Price, seconded by Commissioner McKee, including a modification on tree cutting to: Approve the Preliminary Plat as submitted and the Resolution of Approval contained in Attachment 8. VOTE: UNANIMOUS b. c. Preliminary Information and Approval to Finance Various Capital Investment Plan Projects and County Equipment The Board received preliminary information and considered approving a resolution authorizing the scheduling of a public hearing for the installment financing for capital investment projects and equipment previously authorized by the Board. Clarence Grier reviewed the financial information from the abstract. He said bids will be received from 3-4 financial institutions. He said the loan closing is expected by June 4th of this year.