2008-11-06 TBARSELL - Laserfiche WebLink

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But what this application did, it kind of triggered a reassessment. So the question has been, well, if we continue to allow this with a signage, is there eventually going to be some ripening, so to speak, of some sort of adverse or prescriptive rights? And so the Association is taking a look at that. I’m not saying they’re going to prosecute people, that’s not their intention; but there may be some periods where they’ve got to say, okay, the prescriptive period is 20 years, this weekend or that weekend we need to close it off just for that period of time. But the irony of part of this is that it’s triggered this process of saying, well, you know, how do we deal with this now that it has kind of been, that a spotlight has been shined on it? The president of the KDCA who is Harry Samuelson did sign a letter indicating that from this official standpoint -- and I’ll distribute this now maybe since it has come up, original plus some copies for the Commission -- so basically it’s the Association’s position that it is private property. When the question was asked well, how do guests of some of the owners come in, they’re given basically a code to come in through a punch card or an electronic gate system, and they’re allowed to come into the subdivision. That’s how it works. HOUSEL: But people can walk in now? YEH: They have been able to walk in, yes. HOUSEL: Okay. Where do they go, I mean, when they come in? YEH: That is an answer that maybe one of the applicants can talk about. J. BARSEL: They invade private houses. A lot of our houses in the subdivision are vacant because the owner is absentee, absent. WOODWARD: Excuse me, sir. Are there any further questions of Mr. Yeh before we get another testifier? Okay. If you’ll just give us your name and address; and then begin your testimony. J. BARSELL: John Barsell, I’m the applicant here. And I live at the subject property, 1464 Laimana Road in Kapoho Beach Lots. The people who are trespassing on the property also go into the oceanfront accesses, which we have several little trails going into the ocean which are marked residents only. It’s marked residents only, not only on our subdivision map but also there are signs on each of these little access paths. They use those. They go into Champagne Pond, which is, they have to cross private property in order to do that. And they park, you know, sometimes they’ll tailgate into the property with a vehicle and they park on our roads which there’s “No Parking,” and we’re required to call the police and they ticket them. Recently the police have arrested some individual for swimming naked in Champagne Pond. We’ve had incidents recently of a couple having sex in Champagne Pond. These are all acts committed by the trespassers. And, also, we have a big problem with garbage, human waste being deposited as there are no facilities for tourists or any other facilities in our subdivision. HOUSEL: To your knowledge has anyone ever come into your property and asked permission to visit the fishpond, I mean, for cultural purposes? J. BARSELL: Well, yes. EXHIBIT B 9