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46 <br /> <br />Commissioner McKee said the deck and septic issues, and if the property is designated <br />and permitted as a three bedroom, but is being advertised as a 4-bedroom property. He said <br />these are serious allegations, and should be looked into. <br />John Roberts said David Stancil, Department of Environment, Agriculture, Parks and <br />Recreation (DEAPR) Director, asked for clarification. <br />John Roberts said he would like to offer the Board his unsolicited opinion. He said <br />DEAPR staff is working with the landowner to try and resolve the issues on the property. He <br />said the landowner has indicated a willingness to come into compliance, if there is a discovery <br />by staff that the landowner is out of compliance. He said the BOCC is likely to receive on going <br />complaints about this issue, and he is concerned that if the BOCC continues to direct staff to <br />investigate anything the neighbors bring to light, then the property owner may no longer be <br />amiable to coming into compliance, resulting in the issue going to court. He said going to court <br />is the only way to enforce easement terms against an uncooperative landowner. He said if the <br />landowner feels that staff is being circumvented, the situation may escalate. <br />Chair Dorosin said he is not seeking to circumvent staff, but he would like to know what <br />staff is doing currently, and any updates that can be provided. <br />John Roberts said there was a meeting with the landowner’s group scheduled for <br />Thursday, which was cancelled. He said this should be rescheduled, and he will ask DEAPR <br />staff to provide an update to the BOCC. <br />Commissioner Jacobs said he would like staff to reassure the BOCC that the uses are <br />consistent with the conservation easement, as the neighbors have repeatedly raised this <br />concern. He said this question should be addressed head on. <br />John Roberts said there is a meeting scheduled later this week with at least one of the <br />neighbors to address this. He said staff should be able to address the Board. <br />Chair Dorosin said it would be helpful for John Roberts to ask DEAPR to share with the <br />Board and the public the process for addressing all the concerns. He said complaints have <br />been received, and all would like to know the process to assess compliance, and addresses <br />potential non-compliance, and a timeline for this to occur. He said there is a perception with the <br />public that the County is doing nothing, which seems to be untrue, and therefore the public <br />should be more thoroughly informed about what is being done, and the limits to what the County <br />can do. <br />John Roberts said he did some of that at the community meeting, and he can also put <br />this information on line. He said the process consists of a complaint being made to DEAPR <br />staff, which will conduct an investigation, and work with the landowner if there is any part of the <br />easement that is not in compliance. He said if the landowner refuses, or cannot come into <br />compliance, and then an injunction or some other form of litigation is pursued. <br />Chair Dorosin said having some type of timeline would be helpful. <br />John Roberts said each situation is different, but staff may be able to provide some <br />information. <br />John Roberts said people want a zero tolerance policy for conservation easements, and <br />he has talked with DEAPR staff and all agree that this would be a bad idea if the County wishes <br />to continue to get conservation easements at all. He said staff works very closely with <br />landowners to insure there are documents that prohibit some things, while retaining the <br />flexibility to allow the landowner to have multiple uses on the property to benefit the landowner. <br />He said if the word gets out that the County is going to have a zero tolerance policy for <br />enforcement issues, it is possible that conservation easements will no longer be granted. <br />Chair Dorosin said John Roberts sent out an email about new legislative bills, and some <br />bills were described as “ratified.” He said he is unsure whether the Governor has signed these <br />bills. <br />John Roberts said everything he sent today has been ratified, except for the serious land <br />use one. He said ratified means both houses have passed it, but not yet signed by the <br />Governor.