WEBVTT

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Order, please rise.

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Roll call. Well, first roll call Supervisor that attended

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United States of America.

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One individual.

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Thank you.

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Welcome to August District 12, supervisor meeting.

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Please make sure your phones are on silent.

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If there's anything on the, that's not on the agenda

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that you need to discuss, please come to the microphone.

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Please state your name and address please at this time.

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Good morning. My name's Barry s Spangler.

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My address is 51 24 Lawler Loop.

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I'm here about the reclaim water for our sprinkler system.

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I am presenting to you a whole house filter

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that I'm using now to try to

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keep my filters on the sprinkler heads clean.

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Um, this is an example of a three month,

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um, usage, uh,

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sprinkling twice a week for three months.

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Uh, I'll take it apart

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and present it to you, uh, in front

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of you if, if you would like.

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Um, this is, this has been a major problem when I came.

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I'm here six months a year.

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When I came back last year, my lawn was almost destroyed.

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Every one of my sprinkler heads was plugged to the point

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where it blew some pipes apart.

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Um, also, uh, the solenoid valves were sticking open

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because of the debris coming through the lines.

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Um, I then started researching

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and I'm, I know it's overkill in a way,

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but I put a whole house filter in towards the end

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of my season this last year.

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And, um, so I've been gone for three months

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and I flew back to check to see how bad this is.

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So this is what we're seeing now.

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Um, I am like paying an average

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or above average of $130 a month just

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for water for my lawn.

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And this is what I'm getting.

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So I'm not, obviously I'm not very happy.

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I know my neighbors are also in the same boat.

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Uh, we're, you know, some of us are hiring people

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to check our systems and drain our things.

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This one actually has a self-cleaning option.

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So every 15 days it will clean

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and spray out the bottom of this.

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Um, I don't know what else to do.

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I have been in contact with, um, Jacobs

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and the villages concerning this.

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They have, um, witnessed the first two cleanings of this.

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And, uh, they, they were filthy dirty.

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So I, I'm coming, coming to you

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and saying, we need, we need help as ne as neighborhood.

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Um, they are in the process of doing some stuff.

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They've been flushing my system.

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Uh, it has looked a little better,

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but you know, I I, I lived up in the Amelia area

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for 11 years and never touched my sprinkler system.

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So, uh, this is the pro, this is the problem.

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So anybody have a question to me?

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I do. I'm, I'm curious.

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So this is the, uh, non potable water system that goes

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to the outside?

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Correct. Okay.

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So that's has nothing to do with the inside of the home?

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Correct. Oh, okay.

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No, because I, I have a whole home service that my inside,

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uh, for inside.

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For inside. Yeah. This, this is like,

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when I called the company to actually help them figure out

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what I needed.

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They're going, we've never heard of

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anybody having to do this.

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This was Ice Spring.

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Uh, this is made by a company called Ice Spring.

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And, uh, they said, and,

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and they've been working with me as well.

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Um, this has, uh, 200 micron filter in it,

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so it filters down with 200 microns.

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So, so saying this particles will kind

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of get trapped in there, but then they

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should get flushed out the bottom.

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Okay. I, I, I, I haven't had a problem.

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My, I live here in Linden. Okay.

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Uh, six years, never had an issue

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with my lawn in the irrigation system.

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So I'm kind of curious, what would be unique about

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your situation?

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That it's not unique to ours?

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I mean, do you, do you, do you have a long service

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or you have a regular lawn service

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or maintenance for on your lawn?

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No. Uh, so, so mow

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and fertilize, fertilize, uh, put, uh, you know, chemicals

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and we control and that type of thing.

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Yeah. And they can't keep up with the we problem.

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I mean, every time they come back

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Up to the mic. Oh,

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I'm sorry. No, uh, the,

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the question was whether you had a, a, a service

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to take care of the, uh, of the yard, the lawn.

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And you say you do have a, a company

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that comes out on a regular basis

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and sprays, fertilizers, uh, wheat kill, air

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fertilizer, that type of thing.

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Yes. And, uh, over the summer,

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I guess you're gone during the summer.

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I'm sorry, You, you're gone during the summer? Yes,

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I'm gone Six months. Yeah.

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And, and you lost your yard

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and somebody told you that it was

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because of the problem with the, uh, irrigation,

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uh, water coming up?

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Well, when I, when I came back, that's, that's, I'm,

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I'm going, my irrigation was plugged up,

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so I wasn't watering, it wasn't getting the water it needed.

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So it was basically the grass is gonna die. Okay. You know?

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Yeah. You have the rain, but that wasn't enough for it.

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How many sources are there carry for,

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for the non potable water for irrigation?

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Um, I'd have to double check on this area.

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Typically, it is, um, both irrigation

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or, I'm sorry, both, um, storm runoff.

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And then there could be some areas

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that also have the reclaimed water.

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Um, I don't know off of the top

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of my head this specific area,

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but it sounds like you've been in communication with Jacob.

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Um, they are the utility provider that handles all of this.

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Um, I can have them reach back out

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and follow up with, with him

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and then we can get an update for the board.

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But this isn't something that would fall under your purview

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or that I would have staff here that can address it

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because this is a utility issue and not a district issue.

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Okay. I just, the comment of the lady,

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I have been communicating with Jacobs and they have come out

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and actually seen this, uh, he was gonna come out yesterday,

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but probably 'cause of the rain.

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He got tied up some other thing.

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And I am sending them photos of this, you know,

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in different stages, uh, of, of cleaning.

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Had they been responsive with you? 'cause they Oh, oh yes.

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Okay. Because they are,

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we contract all utilities through Jacobs.

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So even the utility, um, districts throughout the community,

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um, we don't have on staff on hand

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that deal with the utilities.

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That is all contracted through Jacobs.

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So we can follow up,

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but what we would do to follow up is contact Jacob.

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So if, if they're, as long as they're being responsive

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with you and working through the process,

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you are doing the right, the right thing.

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And, and I'll tell you what he told me yesterday.

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Their, their contract, uh,

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they're gonna put in a bigger valve to flush the system

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around our area.

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And the contract states

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that they only flush it twice a year.

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Is that gonna be enough?

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That's something I can help with and, and find out

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because if, if that's not enough, then certainly then we,

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we will be looking at an alternative.

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This is, this is kind of bad. Yep.

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I, I will follow up with

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Jacobson specifically on that issue.

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Thank you. Alright. I just have one question.

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You say that, uh, it cleans some

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of the residue out every two weeks. Is that correct?

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Yeah. 15 days.

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Yeah. Every 15 day.

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Is that 15 days worth of, uh, residue?

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Well, the, the actual device, um, it's battery operated,

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but it's, it had four more days

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before it was going to self flush.

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It won't take, it won't take off.

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I'm slimy, but it won't take off.

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Just this kind of green debris.

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Okay. It won't.

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Got it. Now, I, I will wash this with a, with a hose.

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Mm-hmm. And it will clean it Alright.

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Down and it will be white. Okay.

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It'll be white like this plastic.

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Okay. Alright.

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Now I'm looking at the container right now

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and it's still dark.

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Yeah. And it's because it's got appears to have goop

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Yep. All over it.

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That's,

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That's so And sir, sir, we do have,

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we're recording the meeting,

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so unfortunately if you're gonna

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talk, you do have to be at the mic.

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I'm sorry.

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Sorry. It, it's, it is a slimy material in there.

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Okay. Okay. Again, where did you say you live?

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51 24 Lawler Loop wall.

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What, what village area is that

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He lived at? Benny.

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Benny? No, no, no, its just north of,

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uh, north of uh,

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Are you on IS are you on Lyden Isle North that,

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are you on Lyden Isle? No,

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No. I'm

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Marsh Bend. Marsh Bend north

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Of Edna. Oh yeah, okay.

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Yeah, yeah, yeah. I know where you are. Yeah,

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Just a little bit above Ednas.

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Yeah. Yeah. Two streets above Ednas.

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Okay. Yeah. Yeah. I know you are

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Same, same side of the road.

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I've never seen anything like that. Okay.

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Thank you. Alright. Thank you. Appreciate it.

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No other discussions at this time.

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Moving on with the consent agenda.

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Do I have a motion from the board

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to approve the consent agenda or any questions at this

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Time? So moved.

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Second. All in favor.

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A Thank you.

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Yes sir. The first item on,

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or the only item on new business is for Mr. Armstrong

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to present, um, a potential modification

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or amendment to your rule for the neat

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and clean rule enforcement.

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Good morning Board matter Armstrong Community standards.

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So I wanna start off by pending an example.

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In community standards, we receive complaints

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for possible violations.

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And neat and clean is

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by far the number one

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complaint received by all the districts.

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That's typically your grass, your weeds, mold, algae growth,

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edge bushes, things like that.

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When we receive a complaint, we can only go to the complaint

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that is presented to us.

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And if it's a call, we'll say, you know, okay,

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it's a violation for the neat and clean tall grass.

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Is there anything else? Is there weeds? Is there mold?

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Is there hedges? Is there anything?

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And the person may say, no, I drive by every day.

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I only notice the tall grass and weeds.

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We go to the property

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and there's weeds everywhere that the,

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the front entryway is completely blocked

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because the hedges are overgrown

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and there's algae growth on the side of the house,

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but we can only address the grass that they called in.

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We can't address anything else.

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A month later, we'll get a call for maybe some of the other

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above other things, and then two weeks later we'll get a

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call for the, the remainder of the property.

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So over like a two, three month span, we're gonna be going

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to the same property for the same rule,

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00:12:40.905 --> 00:12:43.005
but we're only able to address those particular items

258
00:12:43.145 --> 00:12:44.245
at that particular time.

259
00:12:44.345 --> 00:12:45.845
So this property may go

260
00:12:45.845 --> 00:12:48.685
before your decompliance hearing officer three times

261
00:12:49.395 --> 00:12:51.085
over a four to five month period

262
00:12:51.585 --> 00:12:55.885
for the same exact rule violation in your standards

263
00:12:56.065 --> 00:12:59.565
and also in your appendix B for your rules, um, that you do

264
00:12:59.565 --> 00:13:01.245
for your adopting your deed restrictions.

265
00:13:02.105 --> 00:13:04.805
You have provisions in there that talk about, um,

266
00:13:04.905 --> 00:13:06.165
if they're found in violation,

267
00:13:06.165 --> 00:13:07.645
the district can't mow the lawn.

268
00:13:07.675 --> 00:13:10.165
They can edge, they can weed, they can, uh,

269
00:13:10.175 --> 00:13:11.965
power wash the property.

270
00:13:12.025 --> 00:13:14.005
And those, when we have those public hearings

271
00:13:14.185 --> 00:13:17.565
and we define what maintenance is in the standards

272
00:13:17.565 --> 00:13:19.805
where you must keep your grass cut, grass, meat

273
00:13:19.805 --> 00:13:21.685
and clean, it can't exceed eight inches in height.

274
00:13:22.185 --> 00:13:23.685
It defines what the meat

275
00:13:23.685 --> 00:13:26.045
and clean requirement is from the deed restrictions.

276
00:13:26.715 --> 00:13:27.885
What we would like to do

277
00:13:27.885 --> 00:13:30.005
with your permission is amend the rule to

278
00:13:30.005 --> 00:13:32.405
where when we get a complaint for the neat

279
00:13:32.405 --> 00:13:35.205
and clean rule, we're gonna go for all of it.

280
00:13:35.575 --> 00:13:38.165
We're gonna go, okay, you know, they said tall grass,

281
00:13:38.225 --> 00:13:41.645
but we will look for mold, we're gonna look for the edging,

282
00:13:41.645 --> 00:13:43.485
we're gonna look for the weeds, we're gonna look

283
00:13:43.505 --> 00:13:46.125
for those provisions underneath those provisions,

284
00:13:46.385 --> 00:13:49.925
and also how it's defined in, uh, your standards so

285
00:13:49.925 --> 00:13:51.525
that we're doing it all in one shot

286
00:13:51.705 --> 00:13:54.005
and we're not having to come back multiple times

287
00:13:54.095 --> 00:13:55.725
underneath the same rule

288
00:13:56.105 --> 00:13:58.845
for the same property incurring additional costs

289
00:13:59.025 --> 00:14:02.485
and that staff time, staff visits for the district.

290
00:14:02.505 --> 00:14:03.765
So what we're requesting is

291
00:14:03.765 --> 00:14:06.765
to amend the rule at a public hearing at an October, uh,

292
00:14:06.765 --> 00:14:09.405
your October meeting, October 6th, to amend the rule so

293
00:14:09.405 --> 00:14:12.645
that we can enforce that rule simultaneously for anything

294
00:14:12.645 --> 00:14:14.845
regarding that particular rule and only that rule.

295
00:14:15.105 --> 00:14:16.245
So if someone, we go there

296
00:14:16.245 --> 00:14:17.525
and we notice that there's a law ornament,

297
00:14:17.625 --> 00:14:19.245
we can't address the law ornament

298
00:14:19.445 --> 00:14:21.005
'cause we're is doing the neat

299
00:14:21.005 --> 00:14:22.445
and clean rule in its entirety.

300
00:14:23.425 --> 00:14:25.765
So you would not address the, uh, the lawn ornament?

301
00:14:25.865 --> 00:14:29.125
We would not. Okay. And maybe you, I'm sorry.

302
00:14:29.755 --> 00:14:31.925
I'll, I'll defer. I did, I didn't mean to jump in

303
00:14:31.925 --> 00:14:32.925
and just the thought was there,

304
00:14:33.305 --> 00:14:36.125
but my, my question, you know, maybe you can help us all,

305
00:14:36.505 --> 00:14:40.365
is, is this this neat and clean rule?

306
00:14:40.825 --> 00:14:43.445
Is that a separate section in the documents?

307
00:14:43.645 --> 00:14:46.125
I I didn't get a chance to look at it. Okay.

308
00:14:46.145 --> 00:14:47.325
It is self defined.

309
00:14:47.325 --> 00:14:50.525
In other words, everything that is under that need

310
00:14:51.075 --> 00:14:53.725
rule is in that stand in that section. Correct.

311
00:14:54.465 --> 00:14:56.365
So there is a different provi.

312
00:14:56.365 --> 00:14:59.125
There's one provision in the deed restrictions that is neat

313
00:14:59.125 --> 00:15:02.405
and clean, but the deed restrictions don't say

314
00:15:02.875 --> 00:15:03.965
what is neat and clean.

315
00:15:04.305 --> 00:15:07.205
So staff through your standards had

316
00:15:07.205 --> 00:15:08.765
to define neat and clean.

317
00:15:08.765 --> 00:15:10.685
And then we brought that to the board for approval.

318
00:15:11.465 --> 00:15:14.845
In your standard it says grass is considered

319
00:15:14.955 --> 00:15:16.285
overgrown at eight inches.

320
00:15:16.985 --> 00:15:18.725
The yard must be free of weeds.

321
00:15:19.105 --> 00:15:20.765
Um, it talks about the mold

322
00:15:20.765 --> 00:15:22.165
where you can't have mold on

323
00:15:22.165 --> 00:15:23.485
the driveway or mold on the home.

324
00:15:24.065 --> 00:15:26.085
So yes, the deed restrictions,

325
00:15:26.085 --> 00:15:28.685
there is one specific provision that is neat and clean

326
00:15:28.785 --> 00:15:30.805
and then that is defined in your standards.

327
00:15:31.185 --> 00:15:34.765
And as Mr. Armstrong stated, it is only those things

328
00:15:34.795 --> 00:15:36.605
that are linked to that specific neat

329
00:15:36.605 --> 00:15:40.125
and clean that we would look at as part of this rule change.

330
00:15:40.585 --> 00:15:43.925
And what that will also prevent is when we bring a property

331
00:15:43.925 --> 00:15:48.765
to pub, public hearing, the public hearing, in your case,

332
00:15:48.835 --> 00:15:51.765
it's the special hearing officer will look at a property

333
00:15:52.025 --> 00:15:55.165
and again, find it in violation of the tall grass and weeds.

334
00:15:55.385 --> 00:15:58.885
But there's mold everywhere. Well, that wasn't called in.

335
00:15:59.225 --> 00:16:01.405
So as Mr. Armstrong stated, then

336
00:16:01.405 --> 00:16:02.885
what will happen is we'll end up going

337
00:16:02.885 --> 00:16:05.565
to another public hearing a month later.

338
00:16:06.065 --> 00:16:09.325
And the way you, you, your costs are allocated

339
00:16:09.325 --> 00:16:12.645
through community standards is also based on the amount

340
00:16:12.785 --> 00:16:16.685
of decompliance restrictions, the applications,

341
00:16:16.745 --> 00:16:17.965
and then the public hearings.

342
00:16:18.305 --> 00:16:20.525
So this will allow us to do one public hearing

343
00:16:20.625 --> 00:16:23.805
for everything under that specific rule provision.

344
00:16:24.665 --> 00:16:26.485
Are we doing this to all the districts?

345
00:16:26.705 --> 00:16:28.805
We will be adjusting this with all the districts. Yes, sir.

346
00:16:28.905 --> 00:16:31.925
But it will take an initial complaint to start that.

347
00:16:32.145 --> 00:16:33.145
Yes sir. Yes, Sir.

348
00:16:33.745 --> 00:16:34.965
And it could be, I'm

349
00:16:34.965 --> 00:16:35.965
Sorry. No, I, I was just gonna

350
00:16:35.965 --> 00:16:36.565
elaborate

351
00:16:36.565 --> 00:16:38.885
and as Mr. Armstrong stated, if we get a call

352
00:16:39.355 --> 00:16:43.045
because there is a law ornament, we are not going

353
00:16:43.045 --> 00:16:45.605
to be looking at anything other than a lawn ornament.

354
00:16:45.705 --> 00:16:48.645
If we get a call that there is a sign, we are not going

355
00:16:48.645 --> 00:16:50.125
to be looking for anything other than a sign.

356
00:16:50.545 --> 00:16:54.245
If we get a call that there is mold all over the driveway,

357
00:16:54.275 --> 00:16:56.165
because that falls underneath and clean.

358
00:16:56.665 --> 00:16:58.605
If it's only mold at that point, then

359
00:16:58.605 --> 00:16:59.805
that, that's all we write.

360
00:16:59.905 --> 00:17:03.805
But if we go out there and the grass is 15 inches tall

361
00:17:03.905 --> 00:17:06.485
and there are vines growing up the the house,

362
00:17:06.795 --> 00:17:08.645
then we'll be able to address all of that at once.

363
00:17:09.445 --> 00:17:11.845
Absolutely. Any other questions from the board?

364
00:17:12.985 --> 00:17:15.045
No, I, I, I, I understand now.

365
00:17:15.065 --> 00:17:18.845
So you have to have a complaint about an item

366
00:17:18.875 --> 00:17:21.525
that is listed under the neat and clean standards.

367
00:17:22.025 --> 00:17:25.685
And once you get that complaint about tall grass like, uh,

368
00:17:25.685 --> 00:17:28.285
Carrie said, and you find other neat

369
00:17:28.285 --> 00:17:29.765
and clean violations, then

370
00:17:29.955 --> 00:17:33.645
what you're saying is you have the ability now to, you know,

371
00:17:33.695 --> 00:17:34.965
throw the big net around those.

372
00:17:35.075 --> 00:17:38.125
Whereas right now you restrict it just to

373
00:17:38.125 --> 00:17:39.125
what the complaint was.

374
00:17:39.195 --> 00:17:40.325
Correct. Okay.

375
00:17:42.385 --> 00:17:44.925
Do I have a motion from the board? So moved.

376
00:17:45.465 --> 00:17:49.285
Are you a second? Second. All in favor? Aye.

377
00:17:49.415 --> 00:17:50.525
Thank you. Thank you. Board.

378
00:17:51.065 --> 00:17:55.045
So this will, um, the motion was to advertise to amend

379
00:17:55.045 --> 00:17:56.605
and restate your rule in October

380
00:17:56.605 --> 00:17:58.805
because anytime we have a change in your rule,

381
00:17:58.805 --> 00:18:00.085
it has to be through a public hearing.

382
00:18:00.585 --> 00:18:02.885
So this will be presented to you again in October,

383
00:18:03.025 --> 00:18:05.965
at which time you will actually amend your rule

384
00:18:09.985 --> 00:18:11.765
Moving on old business.

385
00:18:12.425 --> 00:18:13.765
Yes, sir. The, um,

386
00:18:14.465 --> 00:18:17.885
the only item on the old business tracking sheet was

387
00:18:18.025 --> 00:18:20.965
for staff to communicate the maintenance concerns, um,

388
00:18:20.965 --> 00:18:22.685
for the property on Scardino Street.

389
00:18:23.265 --> 00:18:27.685
Um, we did, Mr. Armstrong has been in a lot of communication

390
00:18:27.685 --> 00:18:31.165
with both the city of Wildwood and Sumter County, um,

391
00:18:31.165 --> 00:18:34.965
because part of property falls within the city of Wildwood

392
00:18:35.025 --> 00:18:36.765
and their, their regulations,

393
00:18:36.785 --> 00:18:38.645
and then Sumter County as well.

394
00:18:39.265 --> 00:18:43.765
Um, Sumter County did indicate that they, um,

395
00:18:44.115 --> 00:18:46.325
they did declare it uninhabitable

396
00:18:46.425 --> 00:18:48.765
and that you could not trespass on the property

397
00:18:48.855 --> 00:18:50.205
until it is remedied.

398
00:18:50.665 --> 00:18:53.205
But that is the extent as of what they do,

399
00:18:53.295 --> 00:18:56.165
there is not a current code enforcement case on it.

400
00:18:56.275 --> 00:18:59.165
It's not something that is it, it's reached to that level.

401
00:18:59.225 --> 00:19:02.525
Yet according to the county, we did reach out

402
00:19:02.585 --> 00:19:04.085
or the homeowner reached out

403
00:19:04.105 --> 00:19:05.965
and we've attached a letter from their

404
00:19:06.245 --> 00:19:07.605
attorney on your agenda.

405
00:19:07.785 --> 00:19:09.605
So you can see that they are working

406
00:19:09.745 --> 00:19:11.765
to remedy, um, the property.

407
00:19:12.355 --> 00:19:13.525
This also went

408
00:19:13.825 --> 00:19:17.525
before, um, the special hearing officer in a public hearing.

409
00:19:18.105 --> 00:19:22.125
We cannot require that they go on the property

410
00:19:22.145 --> 00:19:25.085
and man maintain it because it's prohibited.

411
00:19:25.425 --> 00:19:28.405
But what we did, what the special hearing officer did find

412
00:19:28.405 --> 00:19:31.125
them in violation, and they have a certain amount of time,

413
00:19:31.635 --> 00:19:34.325
once they are able to go onto the property

414
00:19:34.635 --> 00:19:36.085
that they must bring it into compliance

415
00:19:36.105 --> 00:19:37.325
or fines would start.

416
00:19:38.465 --> 00:19:40.125
So we cannot force anything

417
00:19:40.325 --> 00:19:42.605
to happen faster than what is happening.

418
00:19:43.025 --> 00:19:45.445
But we have done everything that the district can do

419
00:19:45.545 --> 00:19:49.005
to make sure that once the sinkhole is remedied

420
00:19:49.025 --> 00:19:51.165
and they're able to go onto the property,

421
00:19:51.165 --> 00:19:52.685
that it is maintained after that point.

422
00:19:54.025 --> 00:19:57.525
Are we doing anything for the property to the side of it,

423
00:19:57.975 --> 00:20:02.435
looking at if the vehicle was grown or

424
00:20:02.635 --> 00:20:04.515
Anything that would not be under the,

425
00:20:04.535 --> 00:20:05.715
the purview of the district.

426
00:20:05.715 --> 00:20:07.075
That's something that the property owners

427
00:20:07.085 --> 00:20:08.435
would have, have to work through.

428
00:20:08.585 --> 00:20:09.675
Okay. Alright.

429
00:20:11.935 --> 00:20:15.395
And, um, again, on your old business, you'll see on

430
00:20:15.395 --> 00:20:18.435
that letter to the hearing officer from the attorney

431
00:20:18.435 --> 00:20:19.435
of the property owner.

432
00:20:20.015 --> 00:20:22.355
Um, so again, they are working through it

433
00:20:22.355 --> 00:20:23.995
and hopefully it will, um,

434
00:20:24.065 --> 00:20:25.595
they'll be able to get through that process.

435
00:20:25.735 --> 00:20:28.195
And I, again, I know this isn't really what the homeowners

436
00:20:28.195 --> 00:20:30.555
and the surrounding areas wanted to hear, um,

437
00:20:30.735 --> 00:20:33.955
but Mr. Armstrong has done more than, than

438
00:20:34.615 --> 00:20:35.755
really what he should have.

439
00:20:36.075 --> 00:20:37.195
'cause this really doesn't fall

440
00:20:37.195 --> 00:20:38.395
under the purview of the district.

441
00:20:38.815 --> 00:20:41.115
Um, but the city and county are both aware of it.

442
00:20:42.045 --> 00:20:45.515
Thank you. Any questions on the information

443
00:20:45.515 --> 00:20:46.755
items only from the

444
00:20:46.755 --> 00:20:48.605
Board who are,

445
00:20:48.825 --> 00:20:52.205
and we did, um, we had one other item on own business, uh,

446
00:20:52.205 --> 00:20:53.805
which was the presentation

447
00:20:53.985 --> 00:20:56.365
for the age restriction deed restriction

448
00:20:56.365 --> 00:20:58.365
that Mr. Armstrong will go through as well.

449
00:21:01.995 --> 00:21:03.985
Hello Board, mad Armstrong Community Standards.

450
00:21:05.125 --> 00:21:08.225
So at your July 12th, 2025 meeting, you did request

451
00:21:08.405 --> 00:21:11.265
to have a presentation on just additional information

452
00:21:11.265 --> 00:21:14.865
regarding age restriction enforcements, uh,

453
00:21:14.865 --> 00:21:16.825
working very closely with, um,

454
00:21:17.105 --> 00:21:18.945
district administration and legal counsel.

455
00:21:19.595 --> 00:21:23.385
We've come up with, uh, this presentation for you today.

456
00:21:24.445 --> 00:21:25.745
And, uh, here we go.

457
00:21:27.045 --> 00:21:31.145
So if we receive a complaint regarding an age restriction,

458
00:21:31.535 --> 00:21:33.305
well first of, we'll start the DRD restrictions.

459
00:21:33.305 --> 00:21:35.945
The D restrictions do state that no person under 19 years

460
00:21:35.945 --> 00:21:38.625
of age may be a permanent resident of a home except

461
00:21:38.625 --> 00:21:41.865
for persons age 19, um, may be permitted to visit

462
00:21:42.125 --> 00:21:43.385
and temporarily reside

463
00:21:43.685 --> 00:21:47.025
for periods not exceeding 30 days in total in

464
00:21:47.085 --> 00:21:48.625
any calendar period.

465
00:21:49.325 --> 00:21:51.785
Uh, the subdivision is an adult community designed

466
00:21:51.785 --> 00:21:54.545
to provide housing for persons 55 years of age and older.

467
00:21:54.645 --> 00:21:56.785
All homes must be occupied by at least one person

468
00:21:56.785 --> 00:21:58.105
that is 55 years of age.

469
00:22:01.165 --> 00:22:03.745
So the purpose of the external deed

470
00:22:03.745 --> 00:22:05.065
restriction standards is to further.

471
00:22:05.365 --> 00:22:10.105
So in order to continue with any form of enforcement,

472
00:22:10.125 --> 00:22:13.505
we would need to define what the term visit

473
00:22:13.605 --> 00:22:15.345
and temporary reside mean.

474
00:22:15.605 --> 00:22:17.705
And so we would need to create a new standards

475
00:22:17.705 --> 00:22:19.065
definition for that.

476
00:22:19.765 --> 00:22:22.465
So we have suggested that the term temp visit

477
00:22:22.805 --> 00:22:25.065
and temporarily reside are used interchangeably,

478
00:22:25.065 --> 00:22:26.665
and they shall mean or refer

479
00:22:26.665 --> 00:22:28.065
to a continuous period consisting

480
00:22:28.065 --> 00:22:30.505
of 24 hours upon a home site or a lot.

481
00:22:30.965 --> 00:22:33.105
So that would have to be a new definition that we would have

482
00:22:33.105 --> 00:22:38.025
to adopt, uh, for any form of enforcement on this provision.

483
00:22:38.725 --> 00:22:42.465
If we receive a complaint for an age requirement, this is,

484
00:22:42.555 --> 00:22:44.705
these are the steps that we are recommending.

485
00:22:46.805 --> 00:22:49.625
The individual that is the complainant would need

486
00:22:49.625 --> 00:22:51.105
to provide evidence showing

487
00:22:51.135 --> 00:22:55.585
that the individual's there 31 days in that calendar year,

488
00:22:56.495 --> 00:23:00.105
continued evidence must be provided by that individual.

489
00:23:01.125 --> 00:23:02.625
We would not have staff go out

490
00:23:02.625 --> 00:23:05.185
to essentially camp out in front of somebody's house

491
00:23:05.925 --> 00:23:08.665
and see if somebody's visiting over a 24 hour

492
00:23:08.665 --> 00:23:10.545
period in a calendar year.

493
00:23:11.845 --> 00:23:12.955
Final, final evidence

494
00:23:12.955 --> 00:23:15.115
for the public hearing showing the violation must also be

495
00:23:15.115 --> 00:23:18.555
presented by the complainant in any post evidence.

496
00:23:19.135 --> 00:23:20.995
For us to be able to levy fines would have to be

497
00:23:21.155 --> 00:23:22.795
provided by the complainant as well.

498
00:23:23.375 --> 00:23:27.395
So this is going to be a very, um, heavy, um,

499
00:23:28.265 --> 00:23:30.115
process for the complainant to be able

500
00:23:30.115 --> 00:23:31.755
to provide all the information necessary

501
00:23:31.755 --> 00:23:33.035
for any form of public hearing.

502
00:23:34.375 --> 00:23:36.955
If we receive the concern, the concerns received

503
00:23:36.955 --> 00:23:40.315
for the child in the home, it would then see the

504
00:23:41.035 --> 00:23:43.915
complainant must also sign a legal affidavit that claims

505
00:23:44.065 --> 00:23:45.605
that the information that they have

506
00:23:45.805 --> 00:23:47.525
provided is true and accurate.

507
00:23:48.665 --> 00:23:51.685
We will then send notices to the homeowners in regards

508
00:23:51.865 --> 00:23:53.085
to the violation.

509
00:23:53.775 --> 00:23:55.995
The letters will include, uh, the copies of the evidence

510
00:23:55.995 --> 00:23:59.515
that is provided by the complainants to those homeowners.

511
00:23:59.575 --> 00:24:02.315
So the individual who is providing this information will not

512
00:24:02.315 --> 00:24:03.355
be able to be anonymous.

513
00:24:04.495 --> 00:24:06.555
The letters request abatement of any violation

514
00:24:06.555 --> 00:24:07.955
for anybody under the age of 19

515
00:24:08.095 --> 00:24:09.675
who may be residing on that property.

516
00:24:10.505 --> 00:24:13.995
Step three would be any time of resolution or continuation.

517
00:24:13.995 --> 00:24:16.115
If a violation is clear due to lack of evidence,

518
00:24:16.815 --> 00:24:18.515
the concern will be closed and letters will be sent

519
00:24:18.515 --> 00:24:19.875
to the homeowner to confirm that

520
00:24:20.735 --> 00:24:22.995
the homeowner provides contrary evidence showing the

521
00:24:22.995 --> 00:24:24.035
violation does not exist.

522
00:24:24.095 --> 00:24:25.435
We will close the concern with,

523
00:24:25.495 --> 00:24:26.795
and we'll send a confirmation letter.

524
00:24:26.795 --> 00:24:29.355
As such. If the violation still continues,

525
00:24:29.355 --> 00:24:31.115
we will step onto step four.

526
00:24:31.825 --> 00:24:33.595
Step four is going to be the second

527
00:24:33.615 --> 00:24:35.875
and third letters in which we will then provide on the third

528
00:24:35.875 --> 00:24:36.995
letter, notice of public hearing

529
00:24:36.995 --> 00:24:39.875
before the decompliance hearing officer at their regularly

530
00:24:39.875 --> 00:24:41.675
scheduled, uh, monthly meeting.

531
00:24:43.585 --> 00:24:44.875
When it does go to public hearing,

532
00:24:44.875 --> 00:24:48.125
or if it does go to public hearing, testimony will be

533
00:24:48.285 --> 00:24:50.165
provided by the complainants and the property owner

534
00:24:50.165 --> 00:24:51.285
where the concern exists.

535
00:24:51.585 --> 00:24:53.685
So district staff will essentially prepare the public

536
00:24:53.685 --> 00:24:57.125
hearing and the complainants will be the one providing, um,

537
00:24:57.605 --> 00:25:00.805
sworn testimony to the hearing officer in regards

538
00:25:00.805 --> 00:25:02.045
to the information that they provided

539
00:25:02.145 --> 00:25:03.205
and their sworn affidavit.

540
00:25:03.865 --> 00:25:05.885
And the complainant, um, would need

541
00:25:05.885 --> 00:25:07.365
to swear that under oath.

542
00:25:07.705 --> 00:25:10.725
And then of course, the, uh, individual, the property owner

543
00:25:10.725 --> 00:25:12.765
that the violation exists on would be able

544
00:25:12.765 --> 00:25:14.245
to provide testimony to counter that

545
00:25:14.985 --> 00:25:17.485
the decompliance hearing officer will render a decision as

546
00:25:17.485 --> 00:25:18.885
to whether or not violation exists.

547
00:25:19.025 --> 00:25:21.805
If they are found in violation, it would be the same, um,

548
00:25:23.195 --> 00:25:26.165
process as we have for any other violation where an order

549
00:25:26.165 --> 00:25:28.245
of enforcement would be entered, fines may be assessed,

550
00:25:28.245 --> 00:25:30.085
and a lien could be placed on that property.

551
00:25:32.345 --> 00:25:34.645
If we receive a concern for, um, somebody

552
00:25:34.645 --> 00:25:37.245
who is not at least one person 55

553
00:25:37.265 --> 00:25:39.125
or older residing in the home,

554
00:25:39.125 --> 00:25:41.925
what we will do is we will utilize available resources

555
00:25:41.925 --> 00:25:43.805
that district staff have to verify

556
00:25:43.805 --> 00:25:46.285
that someone on the property is 55 years of age.

557
00:25:46.825 --> 00:25:48.485
If there is not someone listed on the property

558
00:25:48.485 --> 00:25:49.685
that is 55 years of age,

559
00:25:49.685 --> 00:25:52.605
we'll follow the de decompliance process with letters, uh,

560
00:25:52.665 --> 00:25:54.085
to a public hearing in which the,

561
00:25:54.185 --> 00:25:56.885
the Decompliance hearing officer would render a verdict.

562
00:25:56.985 --> 00:25:58.845
And again, fines could be assessed,

563
00:25:59.085 --> 00:26:00.725
a lien placed on the property until

564
00:26:00.725 --> 00:26:02.125
that property is brought into compliance.

565
00:26:03.715 --> 00:26:04.895
And if you have any questions,

566
00:26:05.835 --> 00:26:09.855
So to, to just wrap this up a little bit, if you decide

567
00:26:09.855 --> 00:26:14.695
to move forward on enforcing this rule, it is,

568
00:26:14.795 --> 00:26:17.575
it has to be done a little bit differently than what all

569
00:26:17.575 --> 00:26:18.615
of your other rules state,

570
00:26:18.645 --> 00:26:21.255
because staff does not have the ability

571
00:26:21.315 --> 00:26:22.895
to go into somebody's house

572
00:26:23.075 --> 00:26:25.455
and verify that there is a child living there.

573
00:26:26.105 --> 00:26:27.495
Staff isn't available.

574
00:26:27.685 --> 00:26:32.215
Typically, when residents are saying, my neighbor has, um,

575
00:26:32.755 --> 00:26:34.735
you know, a, a school bus is coming

576
00:26:34.795 --> 00:26:36.295
and dropping somebody off and,

577
00:26:36.435 --> 00:26:39.615
and they're going, well, when a public hearing comes,

578
00:26:39.665 --> 00:26:42.335
staff has to testify that what they're saying is true.

579
00:26:42.755 --> 00:26:46.565
So even if a child is getting out of a school bus

580
00:26:46.745 --> 00:26:50.005
and walking to a home, staff can testify that,

581
00:26:50.225 --> 00:26:52.685
but they cannot testify that that child is living there

582
00:26:52.685 --> 00:26:54.205
because they, they don't know.

583
00:26:54.205 --> 00:26:55.365
They don't see them at night,

584
00:26:55.365 --> 00:26:56.445
they don't see them in the morning.

585
00:26:57.305 --> 00:27:01.925
So in this case, the person complaining is going

586
00:27:01.925 --> 00:27:04.165
to have to be the one that testifies that

587
00:27:04.165 --> 00:27:06.005
that person does in fact, live in there.

588
00:27:06.905 --> 00:27:11.895
And you may, we may have residents that don't want to do

589
00:27:11.895 --> 00:27:16.095
that, but that really is the only way that we can do this

590
00:27:16.095 --> 00:27:17.575
through your public hearing process.

591
00:27:18.555 --> 00:27:22.415
It allows the opportunity for it to go through the process.

592
00:27:22.875 --> 00:27:25.775
So if homeowners, if residents are okay doing that

593
00:27:25.955 --> 00:27:29.335
and saying, I I know for a fact that person is living there

594
00:27:29.335 --> 00:27:32.215
and I'm okay being the one that that is complaining on it

595
00:27:32.215 --> 00:27:33.295
and testifying with it,

596
00:27:33.685 --> 00:27:36.335
then this gives the special hearing officer the ability

597
00:27:36.335 --> 00:27:39.335
to enter into an order of enforcement, just like all

598
00:27:39.335 --> 00:27:41.575
of your other deed restrictions and potentially, fine.

599
00:27:42.355 --> 00:27:46.495
So this, this is better than the system we have now,

600
00:27:46.545 --> 00:27:48.535
which we don't have that ability.

601
00:27:48.795 --> 00:27:50.055
It, it really is up

602
00:27:50.055 --> 00:27:52.375
to the developer if they want to enforce it or not.

603
00:27:52.805 --> 00:27:54.295
This gives you the opportunity,

604
00:27:54.755 --> 00:27:57.975
but it certainly does require a little bit more, um,

605
00:27:58.325 --> 00:28:00.215
onus on the complainant

606
00:28:00.215 --> 00:28:01.815
because they are going to have to be the one

607
00:28:01.815 --> 00:28:04.255
that actually testifies and provides that information.

608
00:28:05.045 --> 00:28:08.455
Okay. So that, I was listening to all that,

609
00:28:08.525 --> 00:28:09.935
this is something that

610
00:28:11.265 --> 00:28:14.725
the enforcement falls under the authority of the developer.

611
00:28:15.585 --> 00:28:20.165
So all deed restrictions, there are three people that can,

612
00:28:20.265 --> 00:28:24.565
or three entities that can enforce the developer

613
00:28:25.065 --> 00:28:27.325
as the declarant, the property owners,

614
00:28:27.355 --> 00:28:29.565
because they are, they have the vested interest,

615
00:28:29.565 --> 00:28:31.725
they're a party to the declaration of restrictions.

616
00:28:32.465 --> 00:28:36.685
And if you adopt a rule, you have the ability to enforce.

617
00:28:37.385 --> 00:28:40.605
So right now, you don't have the ability to enforce this

618
00:28:40.605 --> 00:28:42.285
because this is not in your rule.

619
00:28:42.905 --> 00:28:45.725
If you want to have the ability to enforce it, then

620
00:28:45.725 --> 00:28:47.165
what we will do is amend

621
00:28:47.165 --> 00:28:49.685
and restate your rule with these provisions in there

622
00:28:49.995 --> 00:28:52.205
that then gives you the right to do it.

623
00:28:53.625 --> 00:28:55.765
If you, and, and you cannot do it,

624
00:28:55.765 --> 00:28:58.165
just like you cannot enforce any of your deed restrictions.

625
00:28:58.185 --> 00:29:01.285
If you decided today that you did not want to enforce neat

626
00:29:01.285 --> 00:29:03.965
and clean, then we would amend that out of your rule,

627
00:29:04.345 --> 00:29:06.165
and it would still be a violation

628
00:29:06.165 --> 00:29:07.525
to not have your property neat and clean.

629
00:29:07.585 --> 00:29:09.445
But you as a board would not enforce it.

630
00:29:09.705 --> 00:29:11.685
It would be up to either other property owners

631
00:29:11.825 --> 00:29:13.485
to essentially sue each other

632
00:29:14.065 --> 00:29:16.005
or the developer could enforce it.

633
00:29:16.425 --> 00:29:18.925
So this is just one more deal restriction that it's up

634
00:29:18.925 --> 00:29:21.485
to you if you want to enforce it

635
00:29:21.485 --> 00:29:23.605
because residents have said that they're not happy

636
00:29:23.605 --> 00:29:25.205
with the way the developer's doing it.

637
00:29:25.665 --> 00:29:28.925
So they want somebody to enforce the seat restriction.

638
00:29:29.025 --> 00:29:31.125
If you want to do it as part of your rule,

639
00:29:31.235 --> 00:29:32.525
then you, you can do that.

640
00:29:34.945 --> 00:29:37.805
Any comment? This is opening a can of worms here.

641
00:29:38.985 --> 00:29:41.925
Uh, if this is an internal deed issue,

642
00:29:44.055 --> 00:29:48.315
we don't have, if the developer and the,

643
00:29:48.315 --> 00:29:51.685
and the developer's not getting good at a lot

644
00:29:51.685 --> 00:29:56.365
of things lately, if he decides not to do this, why,

645
00:29:57.305 --> 00:30:00.245
why don't we have some ability to

646
00:30:01.475 --> 00:30:03.245
something more than encourage him

647
00:30:03.245 --> 00:30:04.485
to do what he's supposed to do?

648
00:30:05.425 --> 00:30:07.245
You have the ability to, to do it yourself.

649
00:30:07.525 --> 00:30:08.805
I mean, and if you think about,

650
00:30:08.805 --> 00:30:11.045
think about other communities, at some point

651
00:30:11.705 --> 00:30:14.365
the community gets turned over, whether it's to a CDD,

652
00:30:14.365 --> 00:30:15.925
whether it's to an HOA

653
00:30:16.345 --> 00:30:20.245
and pretty much every community at some point, things such

654
00:30:20.245 --> 00:30:22.725
as deed restrictions and maintenance get turned over.

655
00:30:23.265 --> 00:30:26.885
So this is not unusual for things to get turned over.

656
00:30:27.435 --> 00:30:28.565
This is the first time

657
00:30:28.565 --> 00:30:31.325
that we've really looked at the age restrictions,

658
00:30:31.645 --> 00:30:33.045
specifically the 19 and under,

659
00:30:33.235 --> 00:30:36.325
because it's also part of the, the development,

660
00:30:36.585 --> 00:30:38.805
was it the DRI or the development order?

661
00:30:39.345 --> 00:30:40.885
Um, that is that,

662
00:30:40.905 --> 00:30:43.965
and then chapter one 90 is what allows you to, to do this.

663
00:30:44.585 --> 00:30:46.725
So this is something that, again,

664
00:30:46.785 --> 00:30:49.525
is pretty common in throughout the state of Florida,

665
00:30:49.525 --> 00:30:52.525
whether it's turned over to a CDD or an HOA, um,

666
00:30:53.585 --> 00:30:54.845
but it, it's up to the board.

667
00:30:54.985 --> 00:30:57.165
You're, you have the ability to do it.

668
00:30:57.305 --> 00:30:58.725
You have the ability not to,

669
00:30:58.905 --> 00:31:03.125
but certainly understand that, um, you know, like you said,

670
00:31:03.225 --> 00:31:05.085
if the developer isn't going to do it

671
00:31:05.145 --> 00:31:07.885
or if the developer isn't doing it the way the residents

672
00:31:07.885 --> 00:31:10.765
like, um, then it's up to you.

673
00:31:11.025 --> 00:31:12.085
You don't have to do this.

674
00:31:12.225 --> 00:31:16.045
Now you can say, we don't think that we have a a problem.

675
00:31:16.185 --> 00:31:19.405
We don't want to do this. Now you can go ahead

676
00:31:19.405 --> 00:31:21.445
and adopt it in case one comes up.

677
00:31:21.905 --> 00:31:26.125
Uh, Mr. Armstrong sent me the stats for District 12.

678
00:31:26.625 --> 00:31:28.645
And in the last three years

679
00:31:37.165 --> 00:31:42.065
You had, um, in 2023, you had

680
00:31:42.725 --> 00:31:46.705
six complaints for children living in the home

681
00:31:46.705 --> 00:31:47.825
that are 19 or under.

682
00:31:48.365 --> 00:31:49.985
And of those one

683
00:31:49.985 --> 00:31:52.545
of them there were submitted three times the same address.

684
00:31:52.845 --> 00:31:55.785
So you potentially had three addresses

685
00:31:55.785 --> 00:31:59.865
where we got complaints in 2024,

686
00:32:00.285 --> 00:32:05.065
we had 15, but again, we had the same address

687
00:32:05.625 --> 00:32:07.865
multiple times by either the same

688
00:32:07.925 --> 00:32:10.545
or different, um, individuals.

689
00:32:10.885 --> 00:32:14.065
In May we had four, but it was for the same property.

690
00:32:14.565 --> 00:32:17.105
And then in 2025 we've had one.

691
00:32:17.845 --> 00:32:20.505
So this isn't a huge issue

692
00:32:20.695 --> 00:32:22.545
that we see throughout the villages,

693
00:32:22.565 --> 00:32:25.385
but I'll tell you the, the people who were living next

694
00:32:25.385 --> 00:32:28.825
to the school bus that's dropping them off, they, again,

695
00:32:28.825 --> 00:32:30.945
they will call community standards over

696
00:32:31.005 --> 00:32:32.265
and over and over again.

697
00:32:32.595 --> 00:32:34.265
Right now what we do is we forward

698
00:32:34.375 --> 00:32:36.105
that complaint onto the developer

699
00:32:36.605 --> 00:32:40.245
and the developer sends a letter.

700
00:32:40.625 --> 00:32:44.525
And that, to my knowledge is, is pretty much what happens.

701
00:32:45.185 --> 00:32:48.525
Um, but again, it, it's completely up up to the board.

702
00:32:48.865 --> 00:32:51.325
If you decide to move forward with this, then

703
00:32:51.325 --> 00:32:53.285
what you would do is just like the other one we would

704
00:32:53.285 --> 00:32:55.845
advertise for a public hearing, it would be part

705
00:32:55.845 --> 00:32:59.205
of the same public hearing, um, that we just talked about.

706
00:32:59.825 --> 00:33:03.005
But at that point, you would encourage residents to come

707
00:33:03.225 --> 00:33:05.045
and voice their opinion as to whether

708
00:33:05.045 --> 00:33:07.205
or not they want you to do this.

709
00:33:08.025 --> 00:33:09.685
If I may, uh, I'm with you.

710
00:33:09.845 --> 00:33:11.045
I think we're just opening a can

711
00:33:11.045 --> 00:33:12.725
of worms here, to be honest with you.

712
00:33:13.055 --> 00:33:15.325
We're gonna be taking the heat that belongs elsewhere.

713
00:33:15.995 --> 00:33:17.285
Well, it's gonna come

714
00:33:17.285 --> 00:33:19.565
Down to the complainant To, pardon? I'm sorry.

715
00:33:19.955 --> 00:33:21.645
It's gonna come down to the complainant

716
00:33:21.665 --> 00:33:22.725
to stand up for it.

717
00:33:23.155 --> 00:33:25.045
It's not us. It's gonna fall back

718
00:33:25.385 --> 00:33:27.045
to the complainant filing the

719
00:33:27.205 --> 00:33:28.645
Complaint, but not really us.

720
00:33:28.755 --> 00:33:30.245
Yeah, we're, we're gonna be the enforcer.

721
00:33:31.145 --> 00:33:35.725
Uh, you know, uh, you have a DA issues,

722
00:33:36.505 --> 00:33:41.245
you have, uh, court quarter issues, you have all kinds

723
00:33:41.245 --> 00:33:43.765
of other ramifications where, you know,

724
00:33:43.865 --> 00:33:46.445
and I know a situation where as I heard

725
00:33:46.755 --> 00:33:48.845
that the residents were grandparents

726
00:33:48.945 --> 00:33:50.325
and there was an issue with the children

727
00:33:50.505 --> 00:33:52.605
and the court said, you know, place them

728
00:33:52.845 --> 00:33:55.485
with the grandparents pending blah, blah, blah, blah, blah.

729
00:33:55.485 --> 00:33:57.165
And that extended 'cause, you know, it takes forever.

730
00:33:58.585 --> 00:34:00.765
Uh, personally, I don't want to get involved in this.

731
00:34:01.465 --> 00:34:02.885
Uh, I think that the, uh,

732
00:34:03.075 --> 00:34:05.925
mechanism is there for enforcement.

733
00:34:06.465 --> 00:34:08.365
Uh, and that is with the developer.

734
00:34:08.785 --> 00:34:11.525
If the developer chooses not to do that, then I think

735
00:34:11.805 --> 00:34:13.765
that the residents are gonna have to, you know,

736
00:34:13.905 --> 00:34:15.245
figure something else out.

737
00:34:15.545 --> 00:34:17.805
If I, if I have a neighbor

738
00:34:18.875 --> 00:34:21.045
that this is creating a nuisance,

739
00:34:21.245 --> 00:34:22.405
I have some remedies there.

740
00:34:23.145 --> 00:34:26.045
You know, if the kids are getting off the school bus running

741
00:34:26.065 --> 00:34:28.845
in my yard, chasing the dog over there, blah, blah, blah,

742
00:34:28.845 --> 00:34:33.005
blah, blah, uh, i, I have other avenues that I can pursue.

743
00:34:33.825 --> 00:34:36.925
Uh, but we're gonna get into,

744
00:34:36.975 --> 00:34:39.285
we're opening a Pandora's box here.

745
00:34:39.945 --> 00:34:43.005
Uh, and, uh, I think that, you know, I, I go along with

746
00:34:43.005 --> 00:34:44.645
what we talked about before with a neat

747
00:34:44.645 --> 00:34:48.285
and clean that I think makes sense, you know,

748
00:34:48.545 --> 00:34:50.525
but now we're getting into family issues.

749
00:34:50.525 --> 00:34:51.805
We're getting into other issues

750
00:34:51.875 --> 00:34:54.085
that I personally do not want to get involved with.

751
00:34:54.785 --> 00:34:56.325
Not to mention cost mark,

752
00:34:56.385 --> 00:34:58.925
or this is gonna be expensive, is it not?

753
00:35:01.305 --> 00:35:02.805
I'm not sure what the cost is gonna be.

754
00:35:03.005 --> 00:35:04.925
Actually, I'm not sure if we've actually looked at that yet.

755
00:35:04.925 --> 00:35:07.085
But with regard to your hearings, I mean,

756
00:35:07.465 --> 00:35:09.405
you have hearings now in front of the, uh,

757
00:35:09.405 --> 00:35:11.605
hearing officer on other deed compliance cases.

758
00:35:12.425 --> 00:35:14.245
So I guess it's just a matter of, um,

759
00:35:15.155 --> 00:35:16.405
what the ultimate outcome is

760
00:35:16.405 --> 00:35:17.605
and how many complaints you end up

761
00:35:17.605 --> 00:35:18.685
getting and proceeding with.

762
00:35:19.315 --> 00:35:22.165
Yeah. The, the cost would not be any more than any

763
00:35:22.165 --> 00:35:23.205
other deed restriction.

764
00:35:23.505 --> 00:35:26.805
So it, it really, again, if your,

765
00:35:27.435 --> 00:35:30.285
your normal community standards is

766
00:35:30.795 --> 00:35:34.285
allocated based on the number of complaint,

767
00:35:34.285 --> 00:35:35.885
is it complaints or restrictions?

768
00:35:35.895 --> 00:35:37.005
Complaints Received.

769
00:35:37.385 --> 00:35:41.445
So complaints received, and then, um, public hearings.

770
00:35:41.705 --> 00:35:44.925
So if you have, again, so far we've had

771
00:35:45.465 --> 00:35:48.165
one complaint this year for the age restriction.

772
00:35:48.225 --> 00:35:50.525
If that would've gone to public hearing, then you would've,

773
00:35:50.545 --> 00:35:52.925
you would've had that Knowing though, that

774
00:35:54.375 --> 00:35:57.745
when a complaint comes in, we are going to be very,

775
00:35:59.205 --> 00:36:01.945
um, open with the homeowner that we have.

776
00:36:02.205 --> 00:36:03.305
We have to take your name

777
00:36:03.845 --> 00:36:05.425
and we will send all of the letters.

778
00:36:05.485 --> 00:36:07.905
All of the letters were will come from community standards.

779
00:36:07.925 --> 00:36:08.985
And we're not going to put the

780
00:36:08.985 --> 00:36:10.185
homeowner's name in the letter.

781
00:36:10.385 --> 00:36:13.145
I mean, we are going to say that we received a complaint

782
00:36:13.145 --> 00:36:14.425
that this is the violation.

783
00:36:14.885 --> 00:36:17.385
Um, it is going to come before a public hearing,

784
00:36:17.605 --> 00:36:20.425
but at that point, we will be open with the homeowner

785
00:36:20.425 --> 00:36:22.305
that you would have to be the one that gets up

786
00:36:22.405 --> 00:36:26.105
and testifies, swears that you're going to tell the truth

787
00:36:26.365 --> 00:36:27.785
to the special hearing officer.

788
00:36:27.895 --> 00:36:30.465
That that person, that child does in fact live in the home.

789
00:36:31.425 --> 00:36:33.505
I, so I, I wouldn't necessarily look at

790
00:36:33.505 --> 00:36:34.545
it from a cost perspective.

791
00:36:34.705 --> 00:36:35.825
I think it's going to be minimal.

792
00:36:36.165 --> 00:36:38.785
But I do understand all of the other points

793
00:36:38.785 --> 00:36:40.305
that you're putting out and that whether

794
00:36:40.305 --> 00:36:42.265
or not this is something you want to get involved with.

795
00:36:42.485 --> 00:36:44.945
Yep. Do they have to disclose their name now?

796
00:36:45.485 --> 00:36:47.585
Uh, to the, do they file a complaint? Yes.

797
00:36:47.585 --> 00:36:49.425
Right now, district 12 requires name,

798
00:36:49.425 --> 00:36:50.745
address, and telephone number.

799
00:36:50.965 --> 00:36:54.305
So, okay. So the, the developer would require them

800
00:36:54.405 --> 00:36:56.665
to identify themselves as a complainant?

801
00:36:57.005 --> 00:36:59.985
No, the, so the developer does not require anything.

802
00:37:00.325 --> 00:37:03.665
You as District 12 require that people provide their,

803
00:37:03.835 --> 00:37:06.825
their information for you to accept any complaint.

804
00:37:06.845 --> 00:37:10.145
So if somebody calls about a lawn ornament, you require us

805
00:37:10.145 --> 00:37:11.865
to take their information.

806
00:37:12.125 --> 00:37:13.665
The developer does not require that.

807
00:37:13.845 --> 00:37:18.825
So if I have a complaint, uh, of a underage resident, uh,

808
00:37:18.955 --> 00:37:20.065
today, you know,

809
00:37:20.065 --> 00:37:24.425
before any of this, uh, we're talking about, uh,

810
00:37:24.845 --> 00:37:26.785
do I, who do I call?

811
00:37:27.405 --> 00:37:29.305
You would call community standards. Correct.

812
00:37:29.405 --> 00:37:32.105
And then they send an email to the developer that says,

813
00:37:32.285 --> 00:37:33.505
we received a complaint

814
00:37:33.505 --> 00:37:36.105
that a child is living at 1 2 3 Main Street.

815
00:37:36.525 --> 00:37:39.755
But I am not identified. Not unless you want to be.

816
00:37:40.245 --> 00:37:42.675
Right. Well, don't, don't you take,

817
00:37:42.675 --> 00:37:45.435
when you receive a complaint, don't you take name

818
00:37:45.855 --> 00:37:48.035
and address and telephone number regardless

819
00:37:48.135 --> 00:37:49.595
of what the complaint is? Yeah.

820
00:37:50.175 --> 00:37:52.235
For District 12, we do.

821
00:37:52.255 --> 00:37:53.875
For the ones that you enforce,

822
00:37:54.535 --> 00:37:56.755
the developer does not require that. Alright,

823
00:37:57.175 --> 00:38:00.515
My, my reading this first off, uh,

824
00:38:00.995 --> 00:38:04.255
I just have a question about, in new definition

825
00:38:04.255 --> 00:38:06.135
for standards, the purpose of these

826
00:38:06.655 --> 00:38:10.415
external deed restriction standards definitions.

827
00:38:11.315 --> 00:38:13.815
So this would, even though it's internal,

828
00:38:14.005 --> 00:38:15.895
this would come under our external

829
00:38:16.725 --> 00:38:18.175
deed restriction standards.

830
00:38:19.535 --> 00:38:20.635
We would change that name

831
00:38:20.635 --> 00:38:22.395
to your deed restriction standards.

832
00:38:22.465 --> 00:38:24.515
Okay. We've change the title of the document

833
00:38:25.055 --> 00:38:26.995
and the other thing, what, what do other

834
00:38:27.585 --> 00:38:31.275
special districts do outside of the villages?

835
00:38:31.695 --> 00:38:35.885
Do they have, uh, somebody's gotta be charged

836
00:38:35.995 --> 00:38:39.285
with enforcing age 55 restrictions

837
00:38:39.465 --> 00:38:41.845
for all age 55 communities,

838
00:38:41.945 --> 00:38:45.805
but other, uh, you know, developers

839
00:38:46.025 --> 00:38:49.045
and districts that have the same governance as we do,

840
00:38:49.465 --> 00:38:50.725
how do they deal with this?

841
00:38:52.305 --> 00:38:55.285
So we have done a lot of research on,

842
00:38:55.505 --> 00:38:59.485
and Mr. Armstrong has called multiple communities

843
00:38:59.485 --> 00:39:02.765
and special districts about how they do not necessarily

844
00:39:02.835 --> 00:39:04.365
with this deed restriction,

845
00:39:04.505 --> 00:39:05.965
but deed restrictions in general.

846
00:39:06.425 --> 00:39:09.045
And I will tell you that we have not been able to find one

847
00:39:09.195 --> 00:39:13.925
that does anything even remotely comparable to what we do.

848
00:39:14.625 --> 00:39:17.365
You have a very, very complex

849
00:39:17.745 --> 00:39:21.245
and, um, complete system in which

850
00:39:21.985 --> 00:39:23.765
has been developed from nothing.

851
00:39:24.115 --> 00:39:26.925
When the state statute chapter one 90 was changed,

852
00:39:27.315 --> 00:39:30.245
that allowed special districts to enforce seat restrictions,

853
00:39:30.715 --> 00:39:32.685
that was the first time in the state of Florida

854
00:39:32.685 --> 00:39:33.725
that that had happened.

855
00:39:33.985 --> 00:39:36.445
So there was no model to go off of.

856
00:39:36.575 --> 00:39:38.765
There was no example for us to follow.

857
00:39:39.265 --> 00:39:41.965
We had to create that from scratch.

858
00:39:42.665 --> 00:39:45.285
And it has been changed and modified as you go.

859
00:39:45.745 --> 00:39:47.045
But we are the example.

860
00:39:47.545 --> 00:39:51.685
So we are the ones that other communities call to find out

861
00:39:51.705 --> 00:39:53.205
how we are doing it so

862
00:39:53.205 --> 00:39:54.885
that they can start building their model.

863
00:39:54.885 --> 00:39:58.605
Correct. In most communities that you have HOAs, again,

864
00:39:58.945 --> 00:40:02.565
the developer develops everything, switches to the HOA,

865
00:40:02.625 --> 00:40:04.125
the HOA enforces everything,

866
00:40:04.385 --> 00:40:06.325
and they go on about their business.

867
00:40:07.235 --> 00:40:10.485
Okay. You, you said 23, we had six complaints.

868
00:40:10.485 --> 00:40:13.405
24, we had 24 complaints.

869
00:40:13.955 --> 00:40:17.605
That suggests to me that maybe the six weren't solved in 23,

870
00:40:18.025 --> 00:40:19.885
but in 25 we only had one.

871
00:40:19.985 --> 00:40:22.325
Do we know if those complaints were remedi

872
00:40:22.585 --> 00:40:26.105
or do we still have the same conditions?

873
00:40:26.245 --> 00:40:30.025
Do we still have those under 19 living here? What?

874
00:40:30.565 --> 00:40:33.385
So the 2024 complaints, actually the residents came

875
00:40:33.385 --> 00:40:35.065
to this board and we, you know, worked

876
00:40:35.065 --> 00:40:36.345
with them on going to the developer.

877
00:40:36.925 --> 00:40:39.505
The 15 complaints received last year.

878
00:40:40.105 --> 00:40:42.065
14 of the 15 were on the same address.

879
00:40:42.205 --> 00:40:44.625
And my understanding is the homeowner moved, um,

880
00:40:45.005 --> 00:40:46.585
and moved, moved away from the district.

881
00:40:46.585 --> 00:40:49.425
They moved, they moved. So I, I know that one.

882
00:40:49.465 --> 00:40:51.825
I don't know about the other ones in relation to that one,

883
00:40:51.825 --> 00:40:54.345
but I just know the one that was heavily publicized here,

884
00:40:54.345 --> 00:40:55.425
especially for this board, they,

885
00:40:55.615 --> 00:40:58.545
Okay, so the developer does not tell you, does not

886
00:40:59.325 --> 00:41:01.865
extend the courtesy to the district to say if

887
00:41:01.865 --> 00:41:04.105
We ask, if we ask, they do,

888
00:41:04.245 --> 00:41:07.425
but they don't just randomly let us know,

889
00:41:07.895 --> 00:41:11.185
generally speaking, their enforcement is to send letters.

890
00:41:12.605 --> 00:41:14.465
Are they cooperative if you were to ask

891
00:41:15.005 --> 00:41:16.005
The developer? Yeah.

892
00:41:16.005 --> 00:41:18.505
As far as asking for an update? Yeah. Oh, yes. Okay.

893
00:41:18.505 --> 00:41:20.865
Yeah, if we ask for an update, they provide us

894
00:41:20.895 --> 00:41:22.065
with anything that they have.

895
00:41:23.085 --> 00:41:26.985
So if, if, if I understand this, this proposed change,

896
00:41:28.005 --> 00:41:30.945
uh, is certainly very different from

897
00:41:30.945 --> 00:41:32.025
what the developer does.

898
00:41:32.085 --> 00:41:36.245
The developer, as you've indicated, spends, sends,

899
00:41:36.305 --> 00:41:37.365
uh, a letter.

900
00:41:38.965 --> 00:41:43.255
This, this rule seems hugely complex

901
00:41:43.595 --> 00:41:45.615
and perhaps that's necessary legally,

902
00:41:47.145 --> 00:41:50.365
but I wonder if any

903
00:41:51.885 --> 00:41:54.605
neighbor could meet the burden of proof that this

904
00:41:55.565 --> 00:41:56.695
rule requires.

905
00:41:57.255 --> 00:42:00.895
I mean, it, it, you know, if you're saying that, uh,

906
00:42:00.895 --> 00:42:04.535
community standards can only testify that a child gets on

907
00:42:04.535 --> 00:42:08.895
and off the bus, how, how can a neighbor testify

908
00:42:09.125 --> 00:42:10.855
that the child lives there

909
00:42:11.665 --> 00:42:13.765
and has lived there for more than 30 days?

910
00:42:15.325 --> 00:42:17.925
I, I just don't see how this could be enforced.

911
00:42:20.425 --> 00:42:21.885
It, it's not going to be easy.

912
00:42:22.265 --> 00:42:24.445
The, and it, again, it, it really isn't.

913
00:42:24.445 --> 00:42:27.845
This is not going to be an easy situation or,

914
00:42:27.945 --> 00:42:29.725
or fun for anybody involved,

915
00:42:31.505 --> 00:42:35.765
but when, when it comes to the public hearing,

916
00:42:37.655 --> 00:42:39.755
it is going to be the

917
00:42:40.315 --> 00:42:41.915
complainant against the property owner.

918
00:42:42.135 --> 00:42:43.955
And you at least have the benefit

919
00:42:44.025 --> 00:42:45.795
that your public hearings are held

920
00:42:46.535 --> 00:42:47.875
by a special hearing officer.

921
00:42:48.715 --> 00:42:50.035
She is a retired judge.

922
00:42:50.375 --> 00:42:54.635
So she is very used to seeing these type of situations, um,

923
00:42:54.635 --> 00:42:59.415
which is helpful because not everybody is used to having

924
00:43:00.275 --> 00:43:03.015
to, to render a verdict in these type of situations.

925
00:43:03.675 --> 00:43:05.535
Um, but it, it really is going

926
00:43:05.535 --> 00:43:07.095
to be the complaint versus the homeowner.

927
00:43:07.315 --> 00:43:09.975
And if the complainant says, I see the,

928
00:43:10.115 --> 00:43:12.815
the child there in the afternoon every day,

929
00:43:12.875 --> 00:43:16.335
and I see the child there in the morning every morning,

930
00:43:16.445 --> 00:43:18.935
therefore I'm willing to testify that

931
00:43:18.935 --> 00:43:21.055
that person is staying there for 24 hours

932
00:43:21.355 --> 00:43:23.095
for longer than 30 days at a time.

933
00:43:24.475 --> 00:43:27.455
The homeowner says, well, my,

934
00:43:27.795 --> 00:43:29.735
my grandchild gets off the bus.

935
00:43:30.035 --> 00:43:33.415
And then their mother picks them up at 9:00 PM at night, um,

936
00:43:33.605 --> 00:43:35.055
when she gets home from work

937
00:43:35.475 --> 00:43:38.215
and then drops her back off to catch the bus in the morning,

938
00:43:38.605 --> 00:43:39.735
then at that point it's going

939
00:43:39.735 --> 00:43:43.215
to be at the social hearing officer to determine whether

940
00:43:43.315 --> 00:43:45.095
or not a violation exists.

941
00:43:45.395 --> 00:43:46.575
So, Carrie, help me here.

942
00:43:46.995 --> 00:43:50.175
So is the determination of the hearing officer

943
00:43:50.815 --> 00:43:52.095
a final adjudication,

944
00:43:52.275 --> 00:43:54.655
or do they have the right to then come back to this board

945
00:43:54.655 --> 00:43:55.975
and say, we want to appeal to you.

946
00:43:57.055 --> 00:44:00.145
They can appeal to you. So ultimately we could end up

947
00:44:00.675 --> 00:44:03.545
doing that or not in order?

948
00:44:04.685 --> 00:44:06.865
No, I I don't think there's an appeal process for that.

949
00:44:06.965 --> 00:44:08.705
Uh, and that's why you have the, the hearing master

950
00:44:08.845 --> 00:44:10.025
to address all those issues.

951
00:44:10.085 --> 00:44:12.185
The only thing that the property owner could do would be

952
00:44:12.185 --> 00:44:15.345
to come to you and ask you to change a rule, um, to permit

953
00:44:15.865 --> 00:44:18.265
whatever it is that they're doing or to reconsider.

954
00:44:18.925 --> 00:44:21.545
Um, but no, in order to do anything other than

955
00:44:21.545 --> 00:44:22.745
that, they'd have to file a lawsuit.

956
00:44:23.655 --> 00:44:27.065
Yeah. So the buck stops with a hearing officer and then

957
00:44:27.315 --> 00:44:29.625
after that we're, we're out of it.

958
00:44:29.815 --> 00:44:34.695
Correct. Well, if, if when you say the buck stops,

959
00:44:34.875 --> 00:44:38.815
the buck stops with a hearing officer, I, I would presume,

960
00:44:38.835 --> 00:44:42.375
and please correct me, that anyone can go to court

961
00:44:42.435 --> 00:44:46.735
and sue for anything so that the person, uh,

962
00:44:46.995 --> 00:44:51.255
who is complained against could, could go to court

963
00:44:52.395 --> 00:44:56.145
and this whole process might be overturned,

964
00:44:57.205 --> 00:44:58.985
but not the, not the process itself,

965
00:44:59.005 --> 00:45:00.545
but the individual complaint.

966
00:45:01.925 --> 00:45:02.925
So,

967
00:45:03.215 --> 00:45:05.105
Well, I mean, again, it's, it's, it's hard to,

968
00:45:05.445 --> 00:45:09.145
to think about situations that haven't arisen yet.

969
00:45:09.325 --> 00:45:10.905
You know, it really all depends on

970
00:45:11.015 --> 00:45:12.225
what the facts of the case are.

971
00:45:12.285 --> 00:45:16.425
You know, I go to these hearings, um, judge Neil as, as Ms.

972
00:45:16.425 --> 00:45:18.545
Duckett stated, is, is very familiar with this.

973
00:45:18.765 --> 00:45:21.465
Uh, she was a county court judge, uh, when she was a lawyer.

974
00:45:21.485 --> 00:45:23.025
She did a lot of HOA law, things like that.

975
00:45:23.045 --> 00:45:26.065
So she's very familiar how this, with how this works.

976
00:45:27.005 --> 00:45:29.815
Um, yeah, I mean, you know,

977
00:45:29.855 --> 00:45:31.615
I think you have all the information in front of you

978
00:45:31.615 --> 00:45:32.855
that we can provide at this point.

979
00:45:32.975 --> 00:45:36.335
I understand the issue, potential issue with enforcement,

980
00:45:36.355 --> 00:45:38.655
but again, it's sworn testimony.

981
00:45:38.835 --> 00:45:40.135
You know, it's gonna be a property

982
00:45:40.135 --> 00:45:41.175
owner versus a complainant.

983
00:45:41.635 --> 00:45:43.695
Um, and the judge, judge Neil will have

984
00:45:43.695 --> 00:45:45.335
to weigh the evidence like she did as a judge

985
00:45:45.475 --> 00:45:46.815
and decide based on the evidence

986
00:45:46.835 --> 00:45:48.375
and the testimony, who she believes

987
00:45:48.375 --> 00:45:50.255
and who she doesn't, and then enter an order.

988
00:45:50.565 --> 00:45:51.975
It's, uh, just like going to court.

989
00:45:53.075 --> 00:45:54.335
So, mark, let me ask you this.

990
00:45:54.915 --> 00:45:57.975
Uh, under the present situation, if a

991
00:45:58.855 --> 00:46:03.335
property owner has a complaint, uh, could they, uh,

992
00:46:03.555 --> 00:46:08.135
go directly to court, uh, and sue the neighbor?

993
00:46:08.515 --> 00:46:12.695
Yes. So that we're kind

994
00:46:12.695 --> 00:46:14.015
of duplicating that a little bit here.

995
00:46:14.015 --> 00:46:15.015
Are we not? I mean, there,

996
00:46:15.165 --> 00:46:17.935
Well, you would just be doing it, um, as far as an order

997
00:46:17.935 --> 00:46:19.095
of enforcement being entered against

998
00:46:19.155 --> 00:46:20.415
the, uh, property owner.

999
00:46:20.415 --> 00:46:24.695
But you're not filing a lawsuit in court to ask the court

1000
00:46:24.715 --> 00:46:27.415
to enjoin or to require that they remove, um,

1001
00:46:27.445 --> 00:46:28.655
anybody under 19.

1002
00:46:29.115 --> 00:46:30.735
You're doing what you do with everything else,

1003
00:46:30.845 --> 00:46:31.855
with lawn maintenance,

1004
00:46:31.855 --> 00:46:33.495
with lawn ornaments and things like that.

1005
00:46:33.755 --> 00:46:35.255
You just enter an order of enforcement.

1006
00:46:35.635 --> 00:46:37.775
Uh, if they don't comply, you record it, it becomes a claim

1007
00:46:37.775 --> 00:46:39.655
of lien and it sits there

1008
00:46:39.755 --> 00:46:43.055
unless you decide at some point in time you direct me

1009
00:46:43.075 --> 00:46:44.415
or my firm to file a lawsuit.

1010
00:46:45.035 --> 00:46:46.035
It just sits there.

1011
00:46:47.285 --> 00:46:50.855
Okay. And again, this is, this is the same exact thing

1012
00:46:50.855 --> 00:46:52.735
that you do for all of your other, all

1013
00:46:52.735 --> 00:46:53.775
of the other deed restrictions.

1014
00:46:53.775 --> 00:46:55.655
This one is more of a sensitive nature,

1015
00:46:56.235 --> 00:47:00.615
but the process is the exact same as far as Mr.

1016
00:47:00.795 --> 00:47:03.335
Briana said, you enter into an order of enforcement,

1017
00:47:04.025 --> 00:47:06.855
fines can be levied, a lien can be placed on the property,

1018
00:47:07.315 --> 00:47:10.095
and then at some point, if you would like to file a lawsuit,

1019
00:47:10.275 --> 00:47:13.015
you can, based on the, the amount of fines.

1020
00:47:13.435 --> 00:47:16.615
But this is, this is just one more deed restriction

1021
00:47:16.615 --> 00:47:17.975
that you would be enforcing.

1022
00:47:19.075 --> 00:47:21.925
Just like the neat and clean lawn ornaments,

1023
00:47:22.765 --> 00:47:25.605
I might feel, I wanna leave it with the developer,

1024
00:47:25.785 --> 00:47:28.405
not get into it. I

1025
00:47:28.405 --> 00:47:30.285
Want stay with the developer

1026
00:47:30.905 --> 00:47:35.125
and let the developer do is let the des restriction

1027
00:47:35.125 --> 00:47:36.685
for this go through the developer.

1028
00:47:37.275 --> 00:47:38.765
Well, ideally, I think that's right.

1029
00:47:38.865 --> 00:47:41.325
But what if the developer doesn't do it? It's my problem.

1030
00:47:41.465 --> 00:47:42.925
And I'm, I'm listening to Carrie

1031
00:47:43.305 --> 00:47:44.685
and I learned a little something there.

1032
00:47:44.865 --> 00:47:48.565
If in the state of Florida, eventually the developer says,

1033
00:47:48.585 --> 00:47:50.165
that's your baby, not mine.

1034
00:47:50.905 --> 00:47:53.285
You rock it, I don't rock it. Right?

1035
00:47:53.625 --> 00:47:55.725
If it passes it on to an HOA

1036
00:47:55.785 --> 00:47:59.405
or in this instance to A CDD, it, it, uh,

1037
00:48:00.905 --> 00:48:03.165
The o the only thing I can tell you is that the,

1038
00:48:03.225 --> 00:48:05.165
the developer does not lose the right

1039
00:48:05.305 --> 00:48:06.925
to enforce the deed restrictions.

1040
00:48:07.315 --> 00:48:10.765
However, once a district is eligible, eligible

1041
00:48:10.785 --> 00:48:14.085
to adopt a rule for all of the rules

1042
00:48:14.195 --> 00:48:16.045
that the districts can adopt,

1043
00:48:16.225 --> 00:48:19.125
the developer typically does not enforce those.

1044
00:48:19.155 --> 00:48:22.685
They, he allows that to be through the residents process.

1045
00:48:23.625 --> 00:48:26.365
So can the developer enforce a law

1046
00:48:26.365 --> 00:48:29.165
and ornament deed restriction in District 12?

1047
00:48:29.345 --> 00:48:31.685
Yes. Does that typically happen?

1048
00:48:32.545 --> 00:48:34.925
No, because that is being done at the district level.

1049
00:48:35.505 --> 00:48:38.845
So while I, I don't know what the future holds,

1050
00:48:38.845 --> 00:48:41.205
but I can tell you throughout the community,

1051
00:48:41.645 --> 00:48:44.485
although the developer never loses, the ability to enforce,

1052
00:48:45.355 --> 00:48:47.965
they typically don't enforce

1053
00:48:48.585 --> 00:48:51.125
is once the districts have the ability to enforce.

1054
00:48:53.125 --> 00:48:54.485
I, um, yeah.

1055
00:48:54.545 --> 00:48:57.085
And, and I agree, uh, that that's kind of the case.

1056
00:48:57.245 --> 00:49:00.925
I, I went through a CDD turnover situation in Orlando.

1057
00:49:01.485 --> 00:49:04.485
I went through an HOA turnover situation in Orlando at the

1058
00:49:04.485 --> 00:49:07.205
same time, or not the same time, but the same context.

1059
00:49:08.185 --> 00:49:10.565
Uh, and it, it's, it's a can of worms.

1060
00:49:10.605 --> 00:49:12.045
I mean, it, it just, it really is.

1061
00:49:12.705 --> 00:49:16.765
And, and I can tell you that, uh, turnover is fine,

1062
00:49:17.385 --> 00:49:19.845
but, uh, you know, we've had, we had

1063
00:49:19.845 --> 00:49:22.805
to file callback lawsuits and blah, blah, blah, blah, blah.

1064
00:49:22.805 --> 00:49:24.085
And it was just a, you know, a mess.

1065
00:49:24.205 --> 00:49:25.965
I mean, we, we ended up prevailing in the end,

1066
00:49:26.185 --> 00:49:27.565
but it was a long drawn process.

1067
00:49:28.085 --> 00:49:30.685
I, I just personally, again, I don't think we'd need

1068
00:49:30.685 --> 00:49:32.325
to undertake this at this point in time.

1069
00:49:32.575 --> 00:49:35.885
Maybe down the road, uh, depending on what happens, uh,

1070
00:49:35.895 --> 00:49:37.365
maybe we would have to consider that.

1071
00:49:37.425 --> 00:49:39.125
But at this point in time, I don't see

1072
00:49:39.125 --> 00:49:40.165
the necessity personally.

1073
00:49:41.225 --> 00:49:44.205
So as a board, are we in favor of doing this

1074
00:49:44.265 --> 00:49:46.485
or we do we want to just put it to the side?

1075
00:49:48.175 --> 00:49:50.785
Well, my, my position is we just don't get there,

1076
00:49:52.265 --> 00:49:53.265
Dale.

1077
00:49:53.445 --> 00:49:54.985
My position is, I, I would rather

1078
00:49:54.985 --> 00:49:56.025
the board not have to do it.

1079
00:49:56.085 --> 00:49:57.985
But if it's, if it's gotta be done

1080
00:49:57.985 --> 00:49:59.745
and somebody's got a legitimate complaint

1081
00:49:59.745 --> 00:50:00.905
and it has to be enforced,

1082
00:50:01.165 --> 00:50:03.625
and if it falls on the purview of the board,

1083
00:50:03.625 --> 00:50:05.025
then I think the board has to do it.

1084
00:50:05.825 --> 00:50:10.145
I don't, I can see this, of course, I didn't know the staff.

1085
00:50:10.385 --> 00:50:12.185
I appreciate the, the, the numbers there.

1086
00:50:13.325 --> 00:50:17.385
But again, I was under the opinion that this is something

1087
00:50:17.415 --> 00:50:20.225
that, that developer would do to protect the fact

1088
00:50:20.225 --> 00:50:24.225
that he's advertising a 55 plus community with rules

1089
00:50:25.125 --> 00:50:28.845
and all of a sudden it's a 55 plus community

1090
00:50:29.435 --> 00:50:32.685
with un enforced rules, then I hate for that

1091
00:50:32.685 --> 00:50:33.845
to fall on this board.

1092
00:50:33.945 --> 00:50:35.685
But if that's the way it works in Florida,

1093
00:50:36.165 --> 00:50:38.925
I guess somewhere down the line, we may have to accept

1094
00:50:38.925 --> 00:50:40.085
that. I, I don't know.

1095
00:50:40.345 --> 00:50:43.645
And, and I don't, I don't wanna, I it's not, let tell you

1096
00:50:43.645 --> 00:50:45.125
that's the way it works in Florida.

1097
00:50:45.315 --> 00:50:49.245
It's just generally speaking, when there's deed restrictions

1098
00:50:49.345 --> 00:50:52.765
and you have a developer that develops something, typically,

1099
00:50:52.765 --> 00:50:54.325
again, it's not just deed restrictions,

1100
00:50:54.385 --> 00:50:56.485
but everything eventually gets turned over

1101
00:50:56.865 --> 00:50:58.965
to whether it's an HOA or CDD

1102
00:50:59.075 --> 00:51:02.285
because this developer is unique.

1103
00:51:02.745 --> 00:51:05.525
You don't typically have developers that are still

1104
00:51:05.525 --> 00:51:06.645
around 30 years later.

1105
00:51:07.145 --> 00:51:09.605
If you look at any of the surrounding communities

1106
00:51:09.605 --> 00:51:12.725
and developments, typically the developer develops

1107
00:51:12.725 --> 00:51:14.645
and then they move on and they develop somewhere else.

1108
00:51:14.995 --> 00:51:16.605
This developer is unique in

1109
00:51:16.605 --> 00:51:19.645
that they have made this their, their life.

1110
00:51:19.675 --> 00:51:22.565
This is their development and they're here a lot longer.

1111
00:51:23.065 --> 00:51:25.725
Longer. But certainly if again, that,

1112
00:51:25.755 --> 00:51:27.205
that is generally what happens,

1113
00:51:27.795 --> 00:51:28.845
Yeah, we have a quirk here.

1114
00:51:28.845 --> 00:51:31.885
We're 55 and over, which a lot of communities are not,

1115
00:51:31.905 --> 00:51:34.725
you know, where I came from in Orlando was not 55 and over.

1116
00:51:35.625 --> 00:51:36.965
So that, that's kind of a,

1117
00:51:36.965 --> 00:51:38.845
that's quirky thing about this one too.

1118
00:51:39.345 --> 00:51:42.045
So yeah, it's, it's, it's, anyway, I've shut enough.

1119
00:51:42.735 --> 00:51:47.165
Would, would it be appropriate to ask, uh, PA what, uh,

1120
00:51:48.865 --> 00:51:50.455
their thought is on this? Uh,

1121
00:51:50.615 --> 00:51:53.095
I certain I certainly will, will, will see

1122
00:51:53.095 --> 00:51:54.135
to it that it's brought up.

1123
00:51:54.645 --> 00:51:57.415
Yeah. Obviously if it involves every, every district

1124
00:51:57.515 --> 00:52:00.215
and it, PA, I think needs to have a say

1125
00:52:00.395 --> 00:52:03.175
or at least needs to say something, whether they have

1126
00:52:03.175 --> 00:52:05.855
A say It, it wouldn't necessarily be PA

1127
00:52:05.855 --> 00:52:10.415
because PA is not funded through anything having to do

1128
00:52:10.415 --> 00:52:11.415
with deed compliance.

1129
00:52:11.805 --> 00:52:14.815
However, it would probably, you'd probably get a lot

1130
00:52:14.815 --> 00:52:17.215
of good information if you ask from a, I wanna hear

1131
00:52:17.215 --> 00:52:19.015
what the other districts are doing.

1132
00:52:19.595 --> 00:52:21.495
Um, they'd be able to certainly tell you.

1133
00:52:21.655 --> 00:52:24.775
I can tell you, I believe it's district six, um,

1134
00:52:25.115 --> 00:52:29.015
and 11 wanted, nothing wanted.

1135
00:52:29.635 --> 00:52:31.135
11 would hear District six said,

1136
00:52:31.445 --> 00:52:33.175
Okay, bring six doesn't want to hear.

1137
00:52:33.285 --> 00:52:35.135
They didn't even want this presentation.

1138
00:52:35.795 --> 00:52:37.455
So you are the first district

1139
00:52:37.455 --> 00:52:39.455
that we're providing this presentation to.

1140
00:52:39.915 --> 00:52:42.455
Um, so we don't know yet what other districts are going

1141
00:52:42.455 --> 00:52:43.735
to determine if they want

1142
00:52:43.735 --> 00:52:45.335
to amend their rule to include this.

1143
00:52:45.715 --> 00:52:48.495
Um, but district six did not even want this on their agenda.

1144
00:52:48.565 --> 00:52:52.295
Alright. I would move that we move it to September on the,

1145
00:52:52.915 --> 00:52:56.775
on our agenda and see what comes from the other districts.

1146
00:52:57.555 --> 00:52:59.295
Is that agreeable with the board?

1147
00:52:59.965 --> 00:53:01.055
Yeah, we can do a survey.

1148
00:53:01.435 --> 00:53:04.215
Uh, yeah, it would be interesting information.

1149
00:53:04.335 --> 00:53:05.655
I don't know if it changes much,

1150
00:53:05.675 --> 00:53:06.815
but I think it would be interesting.

1151
00:53:08.615 --> 00:53:12.935
I have no problem with that, but I have,

1152
00:53:13.015 --> 00:53:14.015
I have a couple of comments.

1153
00:53:14.795 --> 00:53:19.415
Um, I, I agree that this is second of worms

1154
00:53:20.035 --> 00:53:22.615
and I agree that this document appears

1155
00:53:22.615 --> 00:53:23.775
to be overly complicated.

1156
00:53:24.635 --> 00:53:27.645
Uh, in a previous life when I was chairman

1157
00:53:27.705 --> 00:53:31.165
of District seven, we had instances similar to this

1158
00:53:31.805 --> 00:53:33.225
and they seemed to just go away.

1159
00:53:34.045 --> 00:53:38.425
Um, and I, the two that I can recall specifically, one

1160
00:53:39.285 --> 00:53:44.195
was that a single parent, the court ordered

1161
00:53:44.855 --> 00:53:48.755
the, uh, children to instance

1162
00:53:49.295 --> 00:53:51.035
was the worst situation

1163
00:53:52.735 --> 00:53:55.115
and the children were sent to a grandparent.

1164
00:53:56.015 --> 00:53:58.395
And both of those instances we had a complaint.

1165
00:53:59.335 --> 00:54:02.315
Uh, and it wasn't a, there wasn't a 30 day rule, it was a,

1166
00:54:02.735 --> 00:54:03.915
who was just a complaint.

1167
00:54:04.655 --> 00:54:09.115
Uh, and the answer was, court ordered this, that's the end

1168
00:54:09.115 --> 00:54:12.155
of the discussion, and it never came back up again.

1169
00:54:12.615 --> 00:54:14.795
And I don't know how long those kids stayed there,

1170
00:54:15.535 --> 00:54:19.955
but if another neighbor complained the same complaint,

1171
00:54:20.745 --> 00:54:24.835
that was the answer that standards would, uh, would provide.

1172
00:54:25.015 --> 00:54:26.355
The court has ordered this

1173
00:54:27.055 --> 00:54:30.115
and we don't have the ability to change a court order.

1174
00:54:32.695 --> 00:54:34.035
And I appreciate that all

1175
00:54:34.035 --> 00:54:36.035
of those issues may not be court ordered.

1176
00:54:36.495 --> 00:54:39.755
Um, but those are the two I can recall.

1177
00:54:40.895 --> 00:54:44.355
Um, by way of comment, if this goes forward, uh, even

1178
00:54:44.355 --> 00:54:49.315
to other districts, I, um, question about, uh,

1179
00:54:49.545 --> 00:54:51.555
page two, second paragraph

1180
00:54:51.935 --> 00:54:53.995
and the last paragraph in the document.

1181
00:54:55.135 --> 00:55:00.115
And I'll just, uh, say in the first instances,

1182
00:55:00.335 --> 00:55:02.515
all homes that are occupied must be occupied

1183
00:55:02.515 --> 00:55:05.435
by at least one person who is at least 55 years of age.

1184
00:55:06.175 --> 00:55:10.995
We are not a totally age restricted, uh, development.

1185
00:55:11.895 --> 00:55:15.785
Florida requires no more than, was it 4%?

1186
00:55:16.685 --> 00:55:18.385
Uh, or 5%

1187
00:55:18.605 --> 00:55:22.865
or 95% have to be, uh, so we have people,

1188
00:55:23.445 --> 00:55:26.665
uh, living in the villages who are married

1189
00:55:27.005 --> 00:55:29.385
and in their thirties and in their forties.

1190
00:55:29.385 --> 00:55:31.385
Mm-hmm. And I happen to know, uh, two of them.

1191
00:55:32.485 --> 00:55:34.745
Uh, so that needs

1192
00:55:34.745 --> 00:55:37.705
to be rewritten a little bit. Um,

1193
00:55:38.085 --> 00:55:39.785
So so that can't be rewritten.

1194
00:55:39.895 --> 00:55:42.145
That is exactly per the deed restriction

1195
00:55:48.575 --> 00:55:52.665
That can be interpreted in violation of state law.

1196
00:55:53.175 --> 00:55:54.185
Well, again,

1197
00:55:54.385 --> 00:55:57.065
the deed restrictions state at least one person has

1198
00:55:57.065 --> 00:55:58.265
to be 55 and up.

1199
00:55:58.405 --> 00:56:01.705
It doesn't state that every person has to be 55 and up.

1200
00:56:02.205 --> 00:56:04.545
So we have to maintain a certain amount.

1201
00:56:04.545 --> 00:56:07.265
You're right, there's a certain amount that can be under 55,

1202
00:56:07.645 --> 00:56:09.385
but in order to be considered a 55

1203
00:56:09.385 --> 00:56:11.825
and up community, you have to maintain a certain amount.

1204
00:56:12.525 --> 00:56:14.265
And that is maintained.

1205
00:56:14.265 --> 00:56:17.825
And we actually confirmed that, um, prior to starting,

1206
00:56:18.225 --> 00:56:19.305
considering implementing this.

1207
00:56:19.925 --> 00:56:23.605
But the deed restrictions state that one person has

1208
00:56:23.605 --> 00:56:24.645
to be 55 and older.

1209
00:56:28.045 --> 00:56:32.565
I guess to just satisfy my own curiosity, I'm going to

1210
00:56:33.145 --> 00:56:37.445
ask Mark to comment how, how do we say something like that

1211
00:56:38.115 --> 00:56:41.005
when state law is contrary

1212
00:56:41.665 --> 00:56:44.565
or more inclusive? Well, I think

1213
00:56:44.565 --> 00:56:45.565
Based on what Ms. Tuckett

1214
00:56:45.565 --> 00:56:47.165
just said and the way it's interpreted

1215
00:56:47.165 --> 00:56:49.845
and the way they follow this, it is not inconsistent

1216
00:56:49.875 --> 00:56:51.165
with, with Florida law.

1217
00:56:51.385 --> 00:56:53.845
I'm sorry, it's what, it's not inconsistent with

1218
00:56:53.845 --> 00:56:57.485
Florida law the way it is, um, acted upon and enforced

1219
00:56:58.945 --> 00:56:59.945
All homes. So you

1220
00:56:59.945 --> 00:57:01.645
must be occupied.

1221
00:57:02.865 --> 00:57:04.085
Boy, that's pretty, that's pretty

1222
00:57:04.365 --> 00:57:05.645
straightforward and specific.

1223
00:57:06.235 --> 00:57:09.125
It's the way that they use it

1224
00:57:09.125 --> 00:57:10.645
or do it the way they apply

1225
00:57:10.795 --> 00:57:14.005
that provision within the districts, as Ms.

1226
00:57:14.005 --> 00:57:15.005
Duckett stated.

1227
00:57:15.555 --> 00:57:19.125
Okay. I'm certainly not the legal person here.

1228
00:57:19.365 --> 00:57:21.045
I I'm not gonna argue. Um,

1229
00:57:24.545 --> 00:57:28.235
the other one, I guess maybe it's,

1230
00:57:28.485 --> 00:57:31.115
maybe you have the same answer in, in the last paragraph.

1231
00:57:31.335 --> 00:57:35.715
If someone is not listed as 55 within the residency,

1232
00:57:36.285 --> 00:57:39.395
staff will begin the adopted decompliance process.

1233
00:57:41.255 --> 00:57:44.915
And I guess I'll use my own example as the example.

1234
00:57:46.095 --> 00:57:50.795
My son is a approved resident in my house,

1235
00:57:51.135 --> 00:57:52.235
has been for six years.

1236
00:57:52.905 --> 00:57:56.275
He's 52 years old now, who lives with us

1237
00:57:56.275 --> 00:58:00.085
because he had a, uh, a stroke, uh, is unable to work

1238
00:58:01.595 --> 00:58:04.295
if my wife and I are killed in an auto accident tomorrow.

1239
00:58:04.995 --> 00:58:09.375
He inherits the house by our will and law.

1240
00:58:11.555 --> 00:58:12.935
He is not 55.

1241
00:58:14.415 --> 00:58:18.945
What happens does, does since he is not listed as

1242
00:58:19.785 --> 00:58:22.305
a resident and only resident

1243
00:58:22.445 --> 00:58:26.865
and 55, less than 55, does he go to a hearing officer?

1244
00:58:27.605 --> 00:58:29.265
If we got a complaint, then yes.

1245
00:58:32.355 --> 00:58:34.175
And again, keep in mind this is a,

1246
00:58:34.295 --> 00:58:35.735
a complaint driven process.

1247
00:58:36.355 --> 00:58:38.935
So how, but,

1248
00:58:39.035 --> 00:58:43.015
but yes, if, if you elect to do these deed restrictions

1249
00:58:43.835 --> 00:58:46.295
and we get a complaint, then yes,

1250
00:58:46.445 --> 00:58:48.015
that would, that would happen.

1251
00:58:48.595 --> 00:58:51.935
Can somebody under 55 own the home? Yes.

1252
00:58:52.595 --> 00:58:57.455
And I don't know how it works with sales that is between the

1253
00:58:58.025 --> 00:59:00.415
sales and the homeowners as far as selling

1254
00:59:01.035 --> 00:59:02.455
to people under 55.

1255
00:59:02.955 --> 00:59:04.575
But per the deed restrictions,

1256
00:59:05.595 --> 00:59:07.695
one person in the home must be 55 and up.

1257
00:59:08.875 --> 00:59:12.735
Do do we get complaints for this on a regular basis? No, no.

1258
00:59:12.975 --> 00:59:14.175
I, I understand that.

1259
00:59:14.235 --> 00:59:17.255
But if we, if we did, then yes, we would have

1260
00:59:17.255 --> 00:59:19.135
to follow the process because you have

1261
00:59:19.135 --> 00:59:21.095
to apply it consistently across the board.

1262
00:59:22.145 --> 00:59:23.165
We did make sure,

1263
00:59:23.165 --> 00:59:27.325
because the deed restrictions provide for some type of, um,

1264
00:59:28.315 --> 00:59:30.925
exception to be made or variance.

1265
00:59:31.185 --> 00:59:33.125
Um, but the developer indicated

1266
00:59:33.125 --> 00:59:34.645
that they do not issue those,

1267
00:59:34.985 --> 00:59:36.405
and that is not something, again,

1268
00:59:36.405 --> 00:59:37.845
because it's the developer.

1269
00:59:38.225 --> 00:59:42.045
Um, is the party to the contract that there are no variances

1270
00:59:42.105 --> 00:59:46.825
or waivers issued based on the deed restrictions?

1271
00:59:47.935 --> 00:59:51.545
Well, we're, we're, we're we're stepping wow.

1272
00:59:51.545 --> 00:59:52.625
Into something here, aren't we?

1273
00:59:52.735 --> 00:59:56.145
Yeah, I'm, I'm, I'm a Wow Now, um,

1274
00:59:57.655 --> 01:00:00.705
obviously if the worst happened

1275
01:00:01.205 --> 01:00:05.665
and my son ended up being the sole resident of the house,

1276
01:00:05.725 --> 01:00:06.825
I'm sure he would sell the house

1277
01:00:06.825 --> 01:00:08.465
because he doesn't need a four bedroom house.

1278
01:00:10.835 --> 01:00:13.015
But if he, and he loves the villages

1279
01:00:13.115 --> 01:00:15.535
and his golf groups are here, et cetera, et cetera,

1280
01:00:15.555 --> 01:00:18.215
et cetera, he will stay and he would go

1281
01:00:18.235 --> 01:00:21.535
to something much smaller in a neighborhood which

1282
01:00:21.535 --> 01:00:22.735
might not like him.

1283
01:00:24.585 --> 01:00:27.725
So I just be, I just became a wow on

1284
01:00:28.825 --> 01:00:33.795
program process and the elimination of this document.

1285
01:00:35.665 --> 01:00:38.635
Okay. So as a board, what do we want to do? Put this

1286
01:00:38.685 --> 01:00:39.515
Aside. Go.

1287
01:00:39.755 --> 01:00:42.115
I wanna say one more thing if I can, Mr.

1288
01:00:42.315 --> 01:00:44.955
Chairman, uh, I don't wanna be believe this,

1289
01:00:45.015 --> 01:00:46.235
but I'm a little confused.

1290
01:00:46.255 --> 01:00:49.555
You said District 11 said they don't even want to hear this.

1291
01:00:50.035 --> 01:00:51.915
District six, district six, I'm sorry, district six.

1292
01:00:53.845 --> 01:00:55.355
Other districts were hesitant,

1293
01:00:55.375 --> 01:00:57.075
So they're just turning the blind eye to

1294
01:00:58.255 --> 01:01:01.955
No, I I think that like you, they have already

1295
01:01:02.515 --> 01:01:04.275
probably thought about all of the

1296
01:01:05.425 --> 01:01:07.195
potential unintended consequences

1297
01:01:07.265 --> 01:01:08.395
that could come about this.

1298
01:01:08.935 --> 01:01:10.755
And at this point, this is not something

1299
01:01:10.755 --> 01:01:12.875
that they're interested in amending their rule to include.

1300
01:01:13.365 --> 01:01:16.955
Again, not to say that six months, two years down the road,

1301
01:01:16.985 --> 01:01:18.995
they, they won't change their mind, but

1302
01:01:18.995 --> 01:01:23.195
after the initial discussion, um, at the board, they,

1303
01:01:23.425 --> 01:01:25.395
they elected that at this point in time, they,

1304
01:01:25.505 --> 01:01:27.275
they are not in favor of moving forward.

1305
01:01:27.545 --> 01:01:29.715
Okay. Well that'll come out in PA at Pwac.

1306
01:01:29.875 --> 01:01:32.635
I assume that somebody there will speak up to that. Yeah.

1307
01:01:34.425 --> 01:01:38.195
Well, as far as the, the chair's comment,

1308
01:01:39.075 --> 01:01:42.675
I would move that we set this aside, uh,

1309
01:01:43.005 --> 01:01:44.675
until next month until,

1310
01:01:44.975 --> 01:01:48.155
Uh, We have some information from PW.

1311
01:01:49.415 --> 01:01:51.355
You don't really need a motion, just direct staff

1312
01:01:51.355 --> 01:01:53.595
to bring it back in September or whenever you want it.

1313
01:01:53.655 --> 01:01:55.675
Uh, okay. In front of you. We'll

1314
01:01:55.675 --> 01:01:57.715
Bring it back for the September on the agenda.

1315
01:01:58.255 --> 01:02:00.355
Are we looking for That's fine. Go ahead.

1316
01:02:01.255 --> 01:02:03.475
Do you just want it on old business for discussion

1317
01:02:03.475 --> 01:02:04.675
or is there something specific

1318
01:02:04.675 --> 01:02:06.475
you're wanting staff to bring back? Uh,

1319
01:02:06.575 --> 01:02:07.575
Put it on there. Old the

1320
01:02:07.575 --> 01:02:10.555
business. Yeah. And then we can bring it up

1321
01:02:10.735 --> 01:02:11.735
For, for discussion.

1322
01:02:12.095 --> 01:02:14.835
Yes. For discussion. Okay. We'll discuss it again.

1323
01:02:15.545 --> 01:02:17.195
Okay. Thank you. Thank you.

1324
01:02:22.945 --> 01:02:25.325
Moving on. Information only.

1325
01:02:25.465 --> 01:02:27.325
Any comments from the board at this

1326
01:02:27.325 --> 01:02:31.445
time? The district manager,

1327
01:02:32.445 --> 01:02:34.365
I have no reports other than to have a great weekend

1328
01:02:36.525 --> 01:02:37.525
District council. Just

1329
01:02:37.525 --> 01:02:39.725
one report or reminder that the next ethics

1330
01:02:39.725 --> 01:02:41.485
and public records training is scheduled

1331
01:02:41.485 --> 01:02:43.205
for August 18 at one 30,

1332
01:02:43.345 --> 01:02:44.965
and that will be held at the district office

1333
01:02:45.585 --> 01:02:46.765
if you can't attend that one.

1334
01:02:46.765 --> 01:02:49.645
There's another scheduled for October 27th at one 30.

1335
01:02:49.665 --> 01:02:51.725
And that one is also at the district office.

1336
01:02:52.675 --> 01:02:53.645
That was August one. Again, I

1337
01:02:53.645 --> 01:02:54.805
think, I think I signed up for October.

1338
01:02:55.355 --> 01:02:57.485
October 27th is the second thank.

1339
01:02:57.585 --> 01:03:00.445
Yes. That one's on a Monday, August 18th

1340
01:03:02.825 --> 01:03:03.825
On Monday.

1341
01:03:03.905 --> 01:03:06.245
Any comments from the supervisors at this point?

1342
01:03:07.275 --> 01:03:10.725
Yeah, just quickly with regards to PA, uh, from the 14th

1343
01:03:11.395 --> 01:03:13.405
amenity fee cap was brought up, it's,

1344
01:03:13.405 --> 01:03:14.805
it's deferred till August.

1345
01:03:15.745 --> 01:03:18.595
Um, a lot of discussion about wreck

1346
01:03:18.595 --> 01:03:21.515
and sport pool, uh, usage

1347
01:03:21.615 --> 01:03:23.275
and schedules and that kind of thing.

1348
01:03:23.955 --> 01:03:26.715
I don't think there's anything that we aren't being kept up

1349
01:03:26.715 --> 01:03:28.075
to date on with emails.

1350
01:03:29.215 --> 01:03:32.235
Access was a big thing. We discussed it here a while back.

1351
01:03:32.825 --> 01:03:36.155
That just means that access to a lot of things, gates,

1352
01:03:36.285 --> 01:03:40.965
pools, everything else, uh, Mr. Brown was,

1353
01:03:41.985 --> 01:03:45.245
was pretty emphatic that you district is very close

1354
01:03:46.105 --> 01:03:47.725
to deciding on what to do here?

1355
01:03:48.665 --> 01:03:51.005
Yes. We actually have a joint meeting, um,

1356
01:03:51.005 --> 01:03:53.805
that is scheduled for the a a C and PA.

1357
01:03:53.945 --> 01:03:56.245
Um, you will have an intro into what will be at

1358
01:03:56.245 --> 01:03:59.005
that joint meeting on Monday, but then we'll go into details

1359
01:03:59.145 --> 01:04:00.845
and have the financial analysis

1360
01:04:00.845 --> 01:04:02.445
and everything on the joint meeting. Okay.

1361
01:04:02.515 --> 01:04:06.045
Good stuff. And then finally with what we took to,

1362
01:04:06.065 --> 01:04:08.165
to the PWAC meeting, the past striping,

1363
01:04:08.315 --> 01:04:10.565
they basically told me they've just,

1364
01:04:10.685 --> 01:04:12.725
PAC has decided they're not gonna do anything.

1365
01:04:13.625 --> 01:04:15.045
So if District 12 wants

1366
01:04:15.045 --> 01:04:16.645
to do something, it's on District 12.

1367
01:04:16.785 --> 01:04:18.605
Is that not the report you got Kerry?

1368
01:04:19.165 --> 01:04:21.325
I mean they basically, the chairman

1369
01:04:21.465 --> 01:04:24.725
and the second in command there

1370
01:04:24.725 --> 01:04:26.085
basically said this was decided.

1371
01:04:26.545 --> 01:04:29.285
So, um, I got nowhere with that.

1372
01:04:30.325 --> 01:04:32.725
I think this will be a topic at the multimodal pad

1373
01:04:32.725 --> 01:04:34.605
discussion group, which also consists

1374
01:04:34.605 --> 01:04:35.845
of districts one through four.

1375
01:04:36.235 --> 01:04:38.565
They are also, um, looking at

1376
01:04:39.105 --> 01:04:41.045
mostly the race pavement markers.

1377
01:04:41.235 --> 01:04:43.405
Even the districts like four

1378
01:04:43.465 --> 01:04:45.645
who currently have stripes are looking at that.

1379
01:04:46.105 --> 01:04:49.365
So I think that that may be a topic at that group that, um,

1380
01:04:49.505 --> 01:04:52.685
you'll get a little bit more feedback from districts as to

1381
01:04:52.685 --> 01:04:53.765
what they would like to do.

1382
01:04:54.395 --> 01:04:55.765
Okay. And I have a couple other things.

1383
01:04:55.795 --> 01:04:58.365
Once it's my turn, you don't have anything quickly?

1384
01:04:58.615 --> 01:05:01.685
We'll, are the mail drops our responsibility?

1385
01:05:03.025 --> 01:05:04.685
Um, the postal stations, yeah.

1386
01:05:04.715 --> 01:05:07.445
They are of, um, project wide, not

1387
01:05:07.445 --> 01:05:08.645
of the residential district.

1388
01:05:08.675 --> 01:05:10.765
Okay. They fall under amenities because

1389
01:05:11.025 --> 01:05:14.845
The, I had people at my house last night at seven o'clock

1390
01:05:15.245 --> 01:05:17.445
complaining about the insects at Willow Tree.

1391
01:05:18.505 --> 01:05:21.885
At Willow Tree. Willow Tree. It is infested. Okay.

1392
01:05:22.155 --> 01:05:23.645
It's even getting into the mail.

1393
01:05:24.145 --> 01:05:26.005
So I will bring that up there

1394
01:05:26.625 --> 01:05:28.925
And I'll, I'll go ahead and report it as well

1395
01:05:29.185 --> 01:05:31.205
and we'll, we'll get an update for you. I

1396
01:05:31.205 --> 01:05:32.205
Appreciate that. Uh,

1397
01:05:32.205 --> 01:05:34.085
I traded emails with some

1398
01:05:35.155 --> 01:05:37.605
find people from the Finney area with regards

1399
01:05:37.625 --> 01:05:39.125
to the rezoning at Coleman.

1400
01:05:39.565 --> 01:05:43.765
I thought they were gonna be here today, um, uh, to, to,

1401
01:05:43.825 --> 01:05:44.965
to have some questions,

1402
01:05:45.065 --> 01:05:48.605
but, uh, I guess that didn't, that didn't happen.

1403
01:05:48.925 --> 01:05:50.645
I have some basic questions there,

1404
01:05:50.665 --> 01:05:52.965
but I was not able to make, make the meeting

1405
01:05:53.515 --> 01:05:55.085
that was held in Coleman.

1406
01:05:55.565 --> 01:05:58.125
I mean, I have some concerns there, especially if it affects

1407
01:05:58.435 --> 01:06:01.765
that Eagle Nest area, which I'm told belongs to District 12.

1408
01:06:02.745 --> 01:06:07.005
Um, and so, uh, I guess again though,

1409
01:06:07.005 --> 01:06:09.565
if it's not under our purview, this is not the place for it

1410
01:06:10.225 --> 01:06:11.525
and they aren't here today.

1411
01:06:11.725 --> 01:06:14.005
I don't guess there at least they didn't ask

1412
01:06:14.025 --> 01:06:15.045
for an audience.

1413
01:06:15.265 --> 01:06:17.015
Uh, uh,

1414
01:06:17.475 --> 01:06:20.455
and then finally, thanks for the packet with regards

1415
01:06:20.455 --> 01:06:21.575
to the mailing on Monday.

1416
01:06:21.845 --> 01:06:23.135
That, that helped greatly.

1417
01:06:23.565 --> 01:06:25.855
Very good. So for the, the,

1418
01:06:25.885 --> 01:06:27.575
what you're talking about in Coleman, are you referring

1419
01:06:27.575 --> 01:06:31.055
to like the County Road 3 0 1 widening and No,

1420
01:06:31.375 --> 01:06:33.575
This was the rezoning of 15 acres.

1421
01:06:33.675 --> 01:06:34.975
Oh, the rezoning. Okay.

1422
01:06:35.085 --> 01:06:38.575
Yeah, I mean, I, I traded several emails with,

1423
01:06:38.685 --> 01:06:40.295
with a gentleman there

1424
01:06:40.835 --> 01:06:43.015
and tried to make a meeting, uh,

1425
01:06:43.015 --> 01:06:45.535
that they had it at Finney Rec Center and,

1426
01:06:45.535 --> 01:06:46.815
and couldn't get there in time.

1427
01:06:46.875 --> 01:06:50.215
And then he later told me there was a meeting in Coleman,

1428
01:06:50.995 --> 01:06:53.255
uh, with the city or the rezone

1429
01:06:53.315 --> 01:06:55.535
or the zoning commission mm-hmm. In Coleman.

1430
01:06:55.795 --> 01:06:57.935
So Sumter, Sumter County does all

1431
01:06:57.935 --> 01:06:59.615
of the zoning for Coleman.

1432
01:06:59.795 --> 01:07:01.695
Um, so when they actually have the hearing,

1433
01:07:01.695 --> 01:07:03.095
that will be through Sumter County.

1434
01:07:03.615 --> 01:07:04.615
I sent the information.

1435
01:07:04.615 --> 01:07:06.895
Did you receive it in your email about the staff report?

1436
01:07:07.105 --> 01:07:11.775
Right. Um, the county has indicated that, you know, in it,

1437
01:07:11.875 --> 01:07:14.575
it potentially could be a, a good change

1438
01:07:14.795 --> 01:07:16.095
for the surrounding properties

1439
01:07:16.095 --> 01:07:17.695
because of how it's owned now.

1440
01:07:18.335 --> 01:07:19.855
I mean, it could, it could be anything.

1441
01:07:19.875 --> 01:07:21.975
It could be a hog farm, it could be a chicken farm.

1442
01:07:22.395 --> 01:07:26.615
Um, and based on what they foresee it becoming, it, it,

1443
01:07:27.005 --> 01:07:30.855
they are estimating that it will be a value to the, the, um,

1444
01:07:30.855 --> 01:07:31.895
properties around it.

1445
01:07:31.955 --> 01:07:35.015
But certainly that's pretty much all I know about it.

1446
01:07:35.195 --> 01:07:38.775
Um, Mr. Bradley Arnold is very aware of it, so certainly,

1447
01:07:38.915 --> 01:07:40.175
um, if you want information,

1448
01:07:40.175 --> 01:07:41.375
we can reach back out to the county.

1449
01:07:42.355 --> 01:07:43.775
That's all I have. Thank you,

1450
01:07:44.185 --> 01:07:45.185
David. I'm all set.

1451
01:07:45.185 --> 01:07:49.095
Um, I was unable

1452
01:07:49.195 --> 01:07:52.015
to meet with the, uh,

1453
01:07:54.655 --> 01:07:57.575
advisory board on, on

1454
01:07:57.795 --> 01:08:01.615
The IAC, The IAC investment advisory, uh,

1455
01:08:02.195 --> 01:08:03.855
and found out, uh,

1456
01:08:03.855 --> 01:08:06.415
that we did not have a designated alternate,

1457
01:08:07.595 --> 01:08:09.055
so no one attended.

1458
01:08:09.715 --> 01:08:12.135
Uh, I think, uh, either today

1459
01:08:12.195 --> 01:08:14.975
or on the next, uh, meeting, we need tos

1460
01:08:16.165 --> 01:08:18.765
specifically identify an alternate, um,

1461
01:08:20.545 --> 01:08:23.445
For an alternate So it doesn't have

1462
01:08:23.445 --> 01:08:24.645
to be noticed on the agenda.

1463
01:08:24.745 --> 01:08:26.725
So if you'd like to have that discussion and,

1464
01:08:26.985 --> 01:08:29.605
and select somebody for the alternate, now we can do that.

1465
01:08:29.795 --> 01:08:30.795
Okay.

1466
01:08:31.235 --> 01:08:33.605
Anybody interested in volunteering for

1467
01:08:33.645 --> 01:08:34.645
That? That was the audit

1468
01:08:34.645 --> 01:08:35.085
thing.

1469
01:08:35.195 --> 01:08:38.205
That, that you, you just tell us that those of us

1470
01:08:38.225 --> 01:08:40.245
who are employees of the district, we cannot

1471
01:08:40.915 --> 01:08:42.325
participate. Is

1472
01:08:42.325 --> 01:08:43.325
That right? No, this is

1473
01:08:43.325 --> 01:08:45.165
for the investment advisory committee.

1474
01:08:45.555 --> 01:08:47.445
This is something that they meet quarterly

1475
01:08:47.505 --> 01:08:50.445
and they go over the investments, the long term, um,

1476
01:08:50.445 --> 01:08:52.165
investment portfo portfolio.

1477
01:08:52.785 --> 01:08:54.765
Um, you have presentations from staff

1478
01:08:54.825 --> 01:08:58.325
and from the, the financial advisors on a quarterly basis.

1479
01:08:58.945 --> 01:09:00.965
And Mr. McMahon is your representative,

1480
01:09:01.345 --> 01:09:03.405
but if he's not available, a lot

1481
01:09:03.405 --> 01:09:06.565
of districts have elected a secondary member to attend,

1482
01:09:08.025 --> 01:09:11.605
But he's correct that one of the functions is to,

1483
01:09:12.555 --> 01:09:15.335
Um, for the audit selection committee, approve the audit.

1484
01:09:15.335 --> 01:09:18.295
That's correct. It cannot be a district employee.

1485
01:09:19.015 --> 01:09:20.155
You're correct. Alright.

1486
01:09:20.655 --> 01:09:22.315
Two of us are out then. Yeah.

1487
01:09:23.515 --> 01:09:24.565
There's only two left.

1488
01:09:26.665 --> 01:09:28.725
Um, well, I, for the foreseeable future,

1489
01:09:29.045 --> 01:09:30.485
I have limited mobility

1490
01:09:30.665 --> 01:09:34.085
and, uh, limited access to a car.

1491
01:09:34.745 --> 01:09:35.965
Uh, so I,

1492
01:09:36.745 --> 01:09:39.845
unless this meets in Everglades, uh,

1493
01:09:40.605 --> 01:09:41.845
I think I'm gonna be, uh,

1494
01:09:42.405 --> 01:09:43.405
Savannah. Savannah. Yeah.

1495
01:09:43.405 --> 01:09:44.685
I think I'm gonna be out of the running

1496
01:09:46.345 --> 01:09:48.725
And every attempt to move it to the center has failed.

1497
01:09:51.675 --> 01:09:53.885
Okay. At this time we don't have an alternative.

1498
01:09:53.885 --> 01:09:55.565
Okay. Okay.

1499
01:09:55.815 --> 01:09:57.645
We'll find, and I, and I apologize,

1500
01:09:57.905 --> 01:10:00.885
but I have a It happens, doctor,

1501
01:10:00.885 --> 01:10:03.085
surgeon issue, your Honor.

1502
01:10:03.155 --> 01:10:04.155
That couldn't

1503
01:10:11.045 --> 01:10:12.285
I have no comments at this time?

1504
01:10:12.445 --> 01:10:13.845
I have a motion to adjourn.

1505
01:10:13.985 --> 01:10:15.325
Oh, yeah. Okay. Second.

1506
01:10:15.325 --> 01:10:19.405
Second. All in favor? Aye. Aye. Meeting adjourned. Okay.

1507
01:10:19.495 --> 01:10:21.045
Thank you, gentlemen. That was a, that was a.
