2011-03-03 ExhibitA - Laserfiche WebLink

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matter, is able to assess liability for third parties that come on to the Estate and use the roads. I don’t think this Commission has the ability or authority to assess responsibility as it pertains between me and the homeowners association, if I have a dispute with the homeowners association. If you put a condition like this in my permit, then who’s going to determine what’s current? If I have dispute with the homeowners association and they say I’m not, I say I am, we got a court fight, are you involved now? I’m going to endanger my permit because this private dispute has arisen? If the homeowners association doesn’t keep the roads up according, you know, to what I think should be a standard, which they don’t, is this Commission in a position to enforce their obligation to keep the roads in a condition that I would think that they are? And I, you know, I don’t think you can do that. It’s a private thing between the homeowners association and myself, and the other owners. If the roads were dedicated to the County and the County accepted the dedication then, you know, you have every authority to control those roads and my taxes that would be available for those repairs. I think it’s good that I wouldn’t be treated differently. But I just wanted to say that I have very serious, very serious concerns that this Board get involved between me and what private dispute I would have with the homeowners association and all the damage or allthe threat is against me because now my permit might be a danger because I have a dispute. That’s all I have to say. Thank you. ONO: Mr. Chairman? KERN: Commissioner Ono. ONO: Yes, I have a question on the staff’s recommendation. I understand that you mentioned that there were previous bed and breakfast programs that were not under the same conditions. But my concern is that do we prolong this condition to future requests because, you know, previous requests were not met with the same conditions? I guess what I’m looking at is, should we continue to do, have a wrong continue? There has to be something that says, okay, at this time we will, there has been an improved suggestion and that this suggestion is for the betterment of the community; and then rather than prolonging the, I hope you understand my question. MECKLENBURG: I do. ONO: Okay. How do we address that situation so that when future requests come in they will understand that these conditions have to be met? MECKLENBURG: I think what the Director is suggesting today is to approve the permit, if the Commission chooses, without that condition. And I know the Department is going through looking at some Code amendments and rules changes and looking at the B&B and road issues at this time, and then if changes are implemented then from that date forward require conditions on future permits. KERN: If I could, I’d just like to add a little bit in there too. Cause I live in Hawaiian Acres and it’s kind of one of those places that the roads are pretty poor, and there’s a lot of very poor roads. And our Association dues are not mandatory. So if we don’t pay them, they can’t put a lien against our house or anything like that. And it gets really challenging because they fix part of the roads that they think needs to be fixed and they don’t fix other parts of the roads that maybe I think need to be fixed. So it’s this back and forth thing. And I can see where it’d get really complicated being a resident, being a, you know, alot owner in there, and seeing other roads getting fixed and your road not, and you’re still paying out the money. So in my opinion I think it does make sense to leave it out; and it’s an issue between the applicants and their Association. 7 EXHIBIT A