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block it will be addressed.. Holloway also said that if there is part of the PUD that they have not addressed,they will get with Mr. Beikman to look over any issues and address them. Again he said they are asking for the division of a lot which is not any larger than originally approved,the use and density is the same nor has the access changed. Mr. Holloway agreed that there are things that need to be done and other things that will need to be done,when they get to that point they are not at this point at this time,they will be at that point in the very near future. Commissioner Williamson replied that what he has seen if they get their approval and develop or sell this land then there is nothing that they will need to come back to us (the Commission) for and no way to make sure that you do what you agreed to in the first place. Mr. Holloway's answer was that every building that we build and improvements that we do,just like to night we are here requesting the division of this lot. Mr. Holloway said they agree that the turn lanes need to be surfaced. Chairman Young asked of Mr. Holloway was he saying that the road conditions will be met and the buffering will be met, that this will go into the minutes, Mr. Holloway said that is always the case. Mr. Currens said according to our ordinance as it stands he feels that we can not hold them hostage saying that they can't do anything else. He also said with no changes on the plat basted on that information we have no legal standing if this was challenged. Commissioner Brown asked if the lanes were completed, Mr. Holloway said that they were completed except for the top coat and they will commit to having the top coats done with in thirty days. Chairman Young asked for any further questions, Commissioner Williamson asked to have on the plat exactly how you are going to address the turn lane issues and the buffering of the apartments from State Road 67. Mr. Holloway's answer was that this plat has nothing to do with those other issues,he continued to say that there will be plenty of opportunity to see the rest of it in the near future. Commissioner Brown said that he thought that when this first had been discussed it was said that nothing would be there that would generate high traffic flow. Mr. Holloway's response was that when they come back with what ever it is will be the time to decide if it will be appropriate. At this time Joe Beikman asked for a performance bond to get the paving done. It was said by Chairman Young that a Performance Bond would be issued if the paving is not done with in the 30 days that Mr. Holloway had said would happen. Mr. Holloway wanted to clarify that this will all be office space. Commissioner Williamson again voiced his objection to this request. With no other questions Chairman Young asked for a motion. Commissioner Williamson motioned to disapprove the change of the PUD, with second Chairman Young asked for another motion. A motion for approval of the amendment to the PUD based on the stipulation that a performance bond will be issued if the top coat of the road is not completed with in the 30 day from this date (7-24-2008),by Commissioner Whaley a seconded came from Commissioner King, the motion carried 5-1 with Commissioner Williamson voting no. The next item on the agenda was Stanley Burtrum concerning the dust and noise coming from Carter Lee. Tim Currens had sent a letter requesting the police dept., to do a sound. reading between 1 and 4 in the morning when some of the work is being done. Commissioner Williamson said that he had been out the area and that the dust is a major problem. Commissioner Brown said that right now they appear to be on their best behavior,his concern is what it might be in 3 or 6 months from now, of what control we would have in the future. Mr. Burtrum came forward to say that the dust is still a very