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19 <br /> property to encompass the phase 2 level, as well as the State buffer. She said the Town did <br /> not go further into the County setbacks, as it held public hearings at that time. She said the <br /> Town is working with the State to put its properties into a restrictive deed, which are areas well <br /> outside the buffer that the State wants the Town to maintain. She said the restrictive deed <br /> includes no trespassing, no swimming, hunting, fishing, and camping. She said the Town is <br /> required to post signage to this effect. <br /> Marie Strandwitz said the Town has not sent any letters of commendation. <br /> PUBLIC COMMENT <br /> Amber Broadwell said she has lived in the area for some time, and has fished the entire <br /> time, and she wants to know why fishing is not allowed. <br /> Marie Strandwitz said the State will not allow these types of activities, per the permit that <br /> was obtained in the 1990s. She said it requires the Town to keep protection of its water supply, <br /> which is why the County is having extra setbacks. She said it is a watershed protection area, <br /> and is the water supply for the Town. She said people may have been fishing for years, but <br /> should not have been doing so. <br /> Calvin Parrish asked if it is known who would be financially responsible, if a septic tank <br /> needs replacing. <br /> Michael Harvey said he feels inadequate to answer the question, but if the septic system <br /> fails, there is no provision in the LIDO mandating the Town to pay for this. <br /> Commissioner Price asked if the expansion is expected to affect septic tanks. <br /> Michael Harvey said he does not have data to definitively answer that question, but the <br /> setbacks are in place to avoid such issues. He said such issues would have to be addressed <br /> as they arise. <br /> Commissioner McKee asked if staff knows if any of these septic fields will be <br /> submerged by the new water level. <br /> Michael Harvey said no, based on the information he has, there should be no <br /> submerging of septic fields. <br /> James Kennedy said this amendment will devalue the properties. He said any <br /> restriction to a property will scare off buyers. <br /> Chair Rich said currently these properties are following the LIDO. <br /> Michael Harvey said the restriction has existed since 1997, and staff is not adding a <br /> restriction but rather clarifying what constitutes an existing lot and existing development for the <br /> purposes of permitting. <br /> A motion was made by Commissioner Bedford, seconded by Commissioner McKee to <br /> close the public hearing. (Note that, because this is a legislative decision, additional comments <br /> at a later date are permitted). <br /> Michael Harvey said since this is not quasi-judicial process, he said there can be <br /> additional comments made after the hearing is closed. <br /> Commissioner McKee said he was around when this reservoir was planned and built, <br /> and it was contentious to the point that there were threats of vigilante action. He said perhaps <br /> the Town should have put easements up to the setbacks, but that is irrelevant at this point. He <br /> said he wants to make sure that residents are not adversely affected. <br /> Commissioner Price asked if the BOCC must make a decision tonight, or can it just <br /> close the public hearing. <br /> Michael Harvey said staff has made a recommendation, but the BOCC can close the <br /> hearing and take whichever action it sees fit. <br />