02/16/2009 Meeting Minutes - Laserfiche WebLink

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Regular Council Meeting Minutes 2-16-09 Page 34 mischief elsewhere. Mayor Rinker thinks everyone agrees with that. We may not be able to get a lease for that reason. Dr. Parker said he understands why we want to negotiate. Like he said before, our intention, though very good, might in some ways work to our disadvantage in terms of how these people will manage other homesites, other people's properties and telling them, if it's good enough for the Village, it's good enough for you. That's a problem. I don't think it should be part of that issue. Mrs. Cinco said again, Steve, your homeowner can take care of that. She told Jeff Schiemann that last night. You supposedly have deed restrictions. Dr. Parker said for your information it's not so much deed restrictions. We have deed restrictions that say you cannot put a fence on your property. If that person walks into Mayfield Village and fulfills the requirements, they will get a permit to put up a fence and they can do that within the realms of Mayfield Village and they should do that because they are not here to - Mayor Rinker said to Dr. Parker, shame on you for saying it that way. Dr. Parker said, let me finish. Mayor Rinker said, well then say it, you haven't said it. Dr. Parker said it is the homeowner's responsibility to enforce those deed restrictions. • Mayor Rinker said you still haven't said it. You haven't said what we have done as a matter of policy which is when someone comes in we give a grace period and we try to let people know it. We put people on notice that someone has made that application, that we can't preclude it because it's not our private deed restriction, it's the homeowner's association. We have gone through it. That's a true statement. On the other hand, if your Homeowner's Association has a consensus it appears to have, it is within the power of your Homeowner's Association to amend and have everyone buy into an agreement. Dr. Parker said he does not agree. Mayor Rinker said you have all those lawyers in that neighborhood. You can't figure out a way to make sure that everyone agrees to that? Dr. Parker said those Homeowner's Association requirements can be enforced if someone decides to sue somebody and enforce them. Mayor Rinker said you have a voluntary membership in an organization that can pass as a pronouncement, a proclamation. If everyone can sign this petition, they can sign a statement pledging not to sign a lease. You don't need deed restrictions. You don't need anything to that. Dr. Parker said you won't find too many people who do decide to sign a lease.