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04/12/2011 (3)
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04/12/2011 (3)
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Last modified
2/26/2016 11:10:31 AM
Creation date
9/25/2015 5:04:25 PM
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Meetings
Meeting Type
BCC
Document Type
Minutes
Meeting Date
04/12/2011
Meeting Body
Board of County Commissioners
Archived Roll/Disk#
4048
Book and Page
140, 716-757
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The Board continued to pose questions and comments to staff to see what Sylvan Lakes ' <br /> legal responsibilities are ; whether the County has any legal recourse to require the Property <br /> Owners Association to alleviate the drainage problem ; and what possible options to remediate <br /> the situation would be . <br /> Discussion ensued regarding the ownership of the drainage easement . Attorney <br /> Polackwich referred to the Sylvan Lakes plat, to clarify that it was unclear whether the three <br /> easements on the plat (drainage, stormwater, and landscape) were public or private easements . <br /> Chairman Solari commented that Sylvan Lakes might want to determine whether they <br /> want the easements to be County property or Sylvan Lakes property. He felt the best way to <br /> move this issue forward would be to initiate the Code Enforcement process . <br /> Commissioner O ' Bryan felt the County Attorney should return with a recommendation <br /> on how to move this forward, with the goal of using Code Enforcement to get Sylvan Lakes to <br /> ameliorate Mr. Spruce ' s drainage problem . <br /> Vice Chairman Wheeler felt that it was the responsibility of the Sylvan Lakes property <br /> owners to take some action, but he preferred to see staff meet with Mr . Spruce and Sylvan Lakes <br /> before seeking a remedy through Code Enforcement , <br /> MOTION WAS AMENDED by Commissioner Davis , <br /> SECONDED by Vice Chairman Wheeler, to include the <br /> option of initiating Code Enforcement proceedings if <br /> mediation attempts are unsuccessful . <br /> Mr. Spruce reiterated that prior mediation attempts by County staff had failed . <br /> The Chairman CALLED THE QUESTION , and the <br /> Motion carried unanimously . The Board directed staff to <br /> April 12 , 2011 15 <br />
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