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Excuse me.

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Stephan Franklin is not here, but all of the supervisors are here.

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So please stand for a

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pledge of allegiance moment of silence.

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I pledge allegiance to the flag of the United States of

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America and to the Republic for which it stands,

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one nation under God, indivisible, with liberty and

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justice for all.

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Okay.

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I'll go ahead and start.

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Welcome meeting attendees. Let you know

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you can participate in any of the agenda items, and

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you can also

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make comments now before we begin.

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But if you wish to do so at any time, you have to come to the podium,

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state your name and where you live.

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Good morning.

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Morning.

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Good morning.

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Joseph DeMaio,

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here as a resident of Cottages at Summer 1642 Bell Road Drive,

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Cottages at Summer Chase.

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I'd like to talk about something that I talked

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about at the June meeting.

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And I have a chain of events, so

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please bear with me.

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But at the June meeting, I talked about our flags,

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the feathered flags that we would like to fly outside the gate

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at the Cottages at Summer Chase.

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We were told at the last meeting to get an app

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from District Property Management. We did.

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I went to get the app, and we have a flag committee,

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and one of the members filled it out.

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And he brought it to their District Property Management.

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We got an approval.

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Hold on a minute.

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We got an approval.

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It was probably the third or fourth week of June

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by Victoria,

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here's the text,

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saying that our application was approved.

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We flew the flags. I think there were four flags.

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Well,

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US

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flags.

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On July 7th,

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we got a text

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from Victoria,

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District Property Management,

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saying that our flags... Here's what it says.

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"Unfortunately, your flags are too tall."

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That's what it said in the text. They're here if you'd like to see

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them.

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So I called

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and I spoke to Dan Lucen,

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District Property Management.

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He said they had a complaint

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about our flags

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from a supervisor from District Four.

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Said that our flags were not in compliance.

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So they took his word,

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I guess, and denied us.

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We took our flags down.

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So again, when I got the application

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for flying these flags, the cover page,

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I have it here,

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and I didn't see this till later, 21-07 resolution,

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District Six.

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So I called. I says, "Where's District Three?" "Oh, we don't have District

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Three. All we use is District Six."

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Okay.

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So I read the application.

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We filled out the application. We filled out the waiver, so

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the villages is not responsible. We filled out waiver

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understanding the liability and all that

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stuff.

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But in the application,

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this is what got my attention.

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Nowhere on this application does it say a height of a flag.

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It states

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an example.

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If you're going to use a 10-foot flag pole, you add 3 feet.

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That's the distance from the road.

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So 10 feet tall, 3 feet the distance, 13

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feet from any road.

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Doesn't mention height.

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We fly 13-foot flags.

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That's what we fly. That's what we have.

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And we would have flied them 16

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feet from any road.

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So

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what I'm looking at here,

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there is no direction.

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I would like to see District Three

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be the leader

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and put a designation in no higher

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than such a footage.

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If I can interrupt you for a moment.

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In some of the things we're

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looking to approve today-

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I'm sorry?

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In some of the things we're looking to approve today, the architect review, manual

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modification and so forth, this specifically includes in

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there information about flags.

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Not feathered flags.

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Mm-hmm.

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Not feathered flags.

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So

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what's on your agenda today is for homeowner's property. What Mr.

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DeMaio is referring to is when homeowners want to put

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Flags on district property

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Display

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And

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District 3 does have the same rules that he's

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referring to, and it's on the District 3 page

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website. So all that you're referring to for District

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6, the same information is on for District

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3 on the District 3 website. I do hear some

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staff potential training opportunities that we have with district property

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management. He is correct when it comes to the height.

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There's no maximum height.

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You have to have it a certain threshold off of any multimodal

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path or roadway, and that's to protect vehicles and golf carts.

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Right.

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So certainly, we have some training opportunities on our end with district property

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management that we'll-

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So you're going to look into this for him?

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Yes, absolutely.

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Okay.

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Another thing

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I would request is that Dan Lucen never got

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back to me on the person who complained, and I think I

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have the right, we have the right, to know who

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complained about our flags.

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Let me interject on that. I called Dan Lucen because I was kind of

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upset to think that there'd be a supervisor in another district complaining about

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us and not saying something to us personally.

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Right.

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He fell all over himself apologizing for what happened, and

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I certainly accepted that, and it was no problem.

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However, he said that the complaint out of District 4 was not

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directed specifically at us, that it was a height thing, and

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that they therefore then went around and measured and saw that there were some

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other things. So I think, and maybe, I'm certain Mike can probably clarify that

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because I'm certain he's had a discussion with Dan in that regard.

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But Dan, I didn't think at that point

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it was absolutely necessary that we had the name of the supervisor,

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because it would be a FOIA request.

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I mean, if we wanted to know, we could sure find it out.

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I would like to know.

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But I don't think it was directed necessarily at us per se, but

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I think it was rather in general, is the word I got from Dan.

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All right. Here's a picture.

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Bridgebrook Village, District 4, if you'd like

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to see that. You see how they're flying their flag, which is almost on the

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road. District 4. Ours were nowhere near this.

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If you'd like to see this picture.

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No, I understand.

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Okay.

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Right. Armswood actually puts an American flags right out next to the curb.

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If you go into the entrance of Armswood, they had it right out next to the curb.

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Mike, did you want to-

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I mean, so there's-

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... say something about this?

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Good morning. Mike Harris, district property management.

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I'd just like to clarify, at no point was Summerchase

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identified as not doing the right thing.

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There was a generalized question asked of us to go around

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and look in another district, not District 3, and check

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flags.

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Right.

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At that point, our staff, "We're just not going to go look at one district." We

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went out and started looking around.

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I think the information that was given

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up front was maybe worded wrong or maybe

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misinterpreted. I have talked to Mr. Lucen about it.

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But at no point did anyone call and turn in

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Summerchase or District 3. That was not the case whatsoever.

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He apologized-

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Yes

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... for what he did.

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I have addressed that.

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So the flag,

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are their flags going to be, they're approved?

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We need to go back and really look at how this is written. Like Mrs.

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Duckett said, it really doesn't actively say over, it

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says 10 foot.

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Yeah.

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And it's got to be 13 foot from the road, but I think this is an opportunity for us

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to go back and clarify these.

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Okay. So you're going to do that?

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Yeah. Absolutely. Yes, sir.

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Okay. Very good.

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Thank you.

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I think another thing to take a look at, which I did also, Mike, is if they're

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buying these from Amazon or whatever the supplier is, there's a lot of flags that

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at the base of the flag to the top are 12 feet, not

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including a pole going down. So I think-

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Right

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... if you're going to be buying these things, we should take that into

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consideration, too. So rather than putting an arbitrary, capricious figure

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of 8 foot, 10 foot, I mean, as long as the

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setback meets the specifications.

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Right.

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So if the thing falls and doesn't go into anything,

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I don't care if it's 20 feet high personally.

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But I think that's one thing we should take into consideration.

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Where are they buying these things, and what type of-- And even the villages, if

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you take a look at the villages real estate, they put those green flags out all the

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time-

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Right

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... for open house and everything. So you see things all over the place.

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Absolutely.

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I hope you're not limiting in making the suggestion back to-

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No. Excuse me

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... in terms of what they, or it fits within parameters in which they would buy

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this thing.

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Okay.

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And I can tell you, me and my staff are not in the business of pulling American

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flags from anywhere.

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It's a safety issue for us. So when we're looking at things-

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Right

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... we're looking if it's going to-

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Just call it a setback and so forth

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... is it going to hit a windshield or is somebody going to drive into it?

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Okay. Very good.

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Thank you.

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One more comment here.

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We're all due respect, Mike. The application gives an

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example of 10 feet. It does not say 10 feet

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max. It gives an example, but it still has the 3

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feet on any height of any flag. So

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we can fly the flags at 13 feet from the ground, 13 feet

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with a 3-foot setback. Correct?

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Yes, it's the height of the flag plus 3 feet away from any

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multimodal path or roadway or sidewalk where it could fall on somebody.

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Thank you.

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Okay. Very good.

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I'm not sure. What am I supposed to tell you about myself?

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You want to-

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I'm Harry Harrison from

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Summerchase.

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Would be best if you move that mic up to the next level.

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Just-

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Yeah, you can just set it up on top.

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Oh, oh, oh.

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Then you can just put it down. There you go.

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Now we'll hear you.

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Well, now you see why our flags are 13 feet.

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Yeah.

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So I was out there putting them up,

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and then

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on the 7th, I guess, we got this

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text,

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and that's when I went in to say, well, I just questioned, "Well, what is the

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height?"

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I went in and, of course, there is no height.

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It's height plus 3 away from a road.

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So then I drove around to all the other

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... entrances,

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and all of them would've failed that.

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All of them.

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Because we put it up where our

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entrance signs are,

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and what's next to all the entrances?

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A road

267
00:12:27.772 --> 00:12:29.311
or a modal path.

268
00:12:30.472 --> 00:12:34.392
And even Harmswood that put up little flags like this, about this

269
00:12:34.432 --> 00:12:34.752
high,

270
00:12:35.672 --> 00:12:38.952
they would not be allowed because they were along the curb.

271
00:12:39.152 --> 00:12:39.272
Right.

272
00:12:39.752 --> 00:12:41.812
And so if you

273
00:12:43.552 --> 00:12:44.452
go forward with this

274
00:12:45.352 --> 00:12:46.652
height plus three feet-

275
00:12:47.012 --> 00:12:47.172
Yeah

276
00:12:48.472 --> 00:12:52.272
... and you try to enforce it, then

277
00:12:52.392 --> 00:12:53.232
all the

278
00:12:54.212 --> 00:12:55.992
entrances around will fail.

279
00:12:56.912 --> 00:12:57.932
Every one we looked at.

280
00:12:58.432 --> 00:12:58.672
Okay.

281
00:12:59.892 --> 00:13:00.192
Thanks.

282
00:13:02.252 --> 00:13:04.112
I think the suggestion from Carrie,

283
00:13:05.572 --> 00:13:09.432
is this something therefore then that if Mike makes a recommendation, we

284
00:13:09.492 --> 00:13:12.892
come back and think you would certainly carry that to all the districts, and we

285
00:13:12.902 --> 00:13:15.751
would try to get some uniformity on the thing so we wouldn't have this problem

286
00:13:15.792 --> 00:13:16.191
again?

287
00:13:17.352 --> 00:13:21.272
There is uniformity, and every district already has a

288
00:13:21.332 --> 00:13:24.872
policy, but we need to do some staff training on our

289
00:13:24.912 --> 00:13:25.332
part.

290
00:13:26.472 --> 00:13:30.272
The boards, when you adopted your policy, you also did not

291
00:13:30.332 --> 00:13:34.132
want staff actively going out and removing or

292
00:13:34.232 --> 00:13:35.212
enforcing it.

293
00:13:35.242 --> 00:13:35.242
Right.

294
00:13:35.252 --> 00:13:38.932
And really it's just a liability release on the district to make sure that if

295
00:13:38.972 --> 00:13:42.912
something were to happen, you'd have as limited liability as possible.

296
00:13:43.592 --> 00:13:47.432
So the uniformity and consistency is there, it's just we need

297
00:13:47.492 --> 00:13:50.892
to do some training on our part to make sure that all of our team is

298
00:13:50.952 --> 00:13:54.702
aware of the guidelines and making sure that they're providing the consistency.

299
00:13:54.702 --> 00:13:56.352
And that the application is close.

300
00:13:56.452 --> 00:13:57.052
Yes.

301
00:13:57.092 --> 00:13:59.222
To add a little perspective about part of this,

302
00:14:00.612 --> 00:14:04.582
when those types of flags became popular, about 15

303
00:14:04.592 --> 00:14:08.152
years or so ago, several of the districts or several of the

304
00:14:08.192 --> 00:14:11.122
villages bought them, put them in, and

305
00:14:12.512 --> 00:14:16.092
we went through a spate of accidents that happened

306
00:14:16.132 --> 00:14:20.092
where wind caught them. They weren't grounded appropriately, and

307
00:14:20.571 --> 00:14:24.081
most of them when they first sold them, only were a single stake that went into the

308
00:14:24.132 --> 00:14:27.891
ground. And we had two incidents where a

309
00:14:27.932 --> 00:14:31.672
gust of wind came out and one hit a car that went by,

310
00:14:32.192 --> 00:14:35.812
and there were other instances of the flags being in the road.

311
00:14:36.512 --> 00:14:40.152
And we've tackled this several times to make sure that the

312
00:14:40.232 --> 00:14:43.952
safety is there. And to talk to Mr. DeMaio's point

313
00:14:44.012 --> 00:14:44.852
about the fact that

314
00:14:46.692 --> 00:14:50.552
the easiest way to state it is everybody else or several other places, well,

315
00:14:51.492 --> 00:14:55.062
you can go through any district and find all kinds of violations of their

316
00:14:55.152 --> 00:14:58.212
covenant. Unless somebody chooses to complain,

317
00:14:59.052 --> 00:15:02.312
nothing happens. Right. So unfortunately,

318
00:15:03.272 --> 00:15:05.472
if somebody chose to complain about yours,

319
00:15:06.272 --> 00:15:08.442
that's the way the process works, because

320
00:15:09.312 --> 00:15:12.012
unless we're going to- Yeah, it's complaint based. Hmm? It's complaint based.

321
00:15:12.052 --> 00:15:16.012
It's complaint based. Yeah. And if nobody complains, I can drive down

322
00:15:16.072 --> 00:15:19.942
my street, just a very small section, and could probably pick out

323
00:15:20.012 --> 00:15:23.832
eight or nine deed violations. Well, I don't choose to

324
00:15:23.852 --> 00:15:26.312
complain, and I don't think anybody else has.

325
00:15:27.092 --> 00:15:30.252
But the idea of the flags was simply

326
00:15:31.212 --> 00:15:31.812
any of the

327
00:15:32.672 --> 00:15:36.592
cautions were done purely out of an intent to

328
00:15:36.632 --> 00:15:39.872
try and protect those users of the road.

329
00:15:40.352 --> 00:15:40.932
Yeah, safety.

330
00:15:41.752 --> 00:15:41.972
Okay.

331
00:15:42.332 --> 00:15:46.252
Just one more comment to Gail, to your

332
00:15:46.332 --> 00:15:50.072
comment. We've been singled out many times, and I understand the complaint

333
00:15:50.152 --> 00:15:53.852
system. That's why I'm bringing it up, just maybe we can correct

334
00:15:53.932 --> 00:15:57.752
this, and as Carrie said, maybe training needed

335
00:15:57.812 --> 00:15:57.952
for

336
00:15:59.012 --> 00:16:02.592
employees that handle this. I understand the complaint

337
00:16:02.672 --> 00:16:06.172
system, and it just seems we're targeted more than

338
00:16:07.192 --> 00:16:09.952
usual, and it happened before they took our flags.

339
00:16:10.032 --> 00:16:13.892
So that's all we're here for. People take this

340
00:16:13.972 --> 00:16:15.432
seriously about flags.

341
00:16:15.712 --> 00:16:15.952
Yeah.

342
00:16:16.232 --> 00:16:17.172
As you all well know.

343
00:16:18.072 --> 00:16:18.432
Okay.

344
00:16:19.272 --> 00:16:19.532
Thank you.

345
00:16:19.632 --> 00:16:22.942
Move on to the next item, which is the consent agenda,

346
00:16:24.092 --> 00:16:27.632
which incorporates the approval of minutes for the June 12th

347
00:16:28.372 --> 00:16:28.712
meeting.

348
00:16:30.912 --> 00:16:34.312
We want to do these one at a time or the entire consent? Okay.

349
00:16:34.392 --> 00:16:38.072
And the others have to do with the release of the seventh amended interlocal

350
00:16:38.132 --> 00:16:39.992
agreement for the ARC

351
00:16:41.132 --> 00:16:44.792
adjustments and then the ARC review manual

352
00:16:44.872 --> 00:16:47.592
modifications as well. Now, I've reviewed every one of these

353
00:16:48.772 --> 00:16:49.192
items

354
00:16:50.092 --> 00:16:53.272
myself and gone through them. They all make sense to me.

355
00:16:54.612 --> 00:16:54.852
So

356
00:16:56.332 --> 00:16:58.332
anybody, any comments regarding these?

357
00:16:59.112 --> 00:17:00.192
Just a question about

358
00:17:01.772 --> 00:17:03.572
B in the consent agenda. Uh-huh.

359
00:17:04.652 --> 00:17:06.972
There's a release for District 1.

360
00:17:08.873 --> 00:17:12.652
If they're released from architectural review, who's responsible at

361
00:17:12.692 --> 00:17:13.212
that point?

362
00:17:13.892 --> 00:17:16.492
They're going to do the architectural review hearing officer.

363
00:17:16.952 --> 00:17:20.833
So District 6 and then Districts 11 and beyond all

364
00:17:20.972 --> 00:17:21.873
use a

365
00:17:23.932 --> 00:17:27.252
professional engineer architect to review their applications,

366
00:17:27.892 --> 00:17:30.252
and District 1 is electing to do the same thing.

367
00:17:31.672 --> 00:17:32.192
I'm sort of

368
00:17:33.512 --> 00:17:37.252
yes and no about that, based upon the idea that I like the idea of the

369
00:17:37.272 --> 00:17:41.132
volunteer organization. But I also know they spend a

370
00:17:41.352 --> 00:17:45.252
lot of time, and it's on a weekly basis in order to

371
00:17:45.312 --> 00:17:49.052
do this. Hiring somebody to do it makes some

372
00:17:49.152 --> 00:17:52.892
sense, but it also makes it significantly more

373
00:17:52.992 --> 00:17:56.672
impersonal with regard to the fact that decisions are

374
00:17:56.712 --> 00:17:57.032
made.

375
00:17:58.202 --> 00:18:02.182
The hearing officer, the individual who has been employed to review this,

376
00:18:02.612 --> 00:18:05.572
do you have any idea what the kind of cost is for this individual?

377
00:18:06.432 --> 00:18:10.412
We do. They are on an hourly basis, and then it is cost allocated

378
00:18:10.512 --> 00:18:13.332
to the districts that utilize the service.

379
00:18:14.732 --> 00:18:16.652
District 1, for example

380
00:18:18.864 --> 00:18:21.124
How much are they hourly? Two...

381
00:18:24.224 --> 00:18:27.964
Matt Armstrong, Community Standards. So it's $230 an hour, CPOs.

382
00:18:27.984 --> 00:18:28.664
230?

383
00:18:28.984 --> 00:18:29.203
Mm-hmm.

384
00:18:29.384 --> 00:18:33.084
An hour. And then again, it's allocated based

385
00:18:33.204 --> 00:18:36.604
on the number of applications for each district that they are

386
00:18:36.644 --> 00:18:40.244
reviewing. They have the same open public

387
00:18:40.254 --> 00:18:43.524
meeting. Residents can go ask questions, provide feedback,

388
00:18:43.644 --> 00:18:47.174
contractors can... So it functions the exact same, but rather than

389
00:18:47.284 --> 00:18:51.004
having the committee, it's somebody who's a little bit more

390
00:18:51.944 --> 00:18:55.624
trained in reading those. The thought process was

391
00:18:55.644 --> 00:18:56.384
initially,

392
00:18:58.644 --> 00:19:02.544
when the Villages was first started, a lot of the applications were

393
00:19:02.604 --> 00:19:03.324
very basic.

394
00:19:03.434 --> 00:19:03.434
Very.

395
00:19:03.484 --> 00:19:07.234
It was just replacing different shrubs and

396
00:19:07.324 --> 00:19:11.274
trees. Well, now you have $100,000 landscape jobs,

397
00:19:11.314 --> 00:19:15.244
and it just got very complex. So when we started doing it in

398
00:19:15.304 --> 00:19:16.544
the southern districts,

399
00:19:17.464 --> 00:19:21.024
we did offer it to other districts as well, and at the time,

400
00:19:21.764 --> 00:19:24.744
everybody chose to use the ARC, the normal committee.

401
00:19:25.264 --> 00:19:29.024
But what we're finding, District 6, District 1, and I believe

402
00:19:29.064 --> 00:19:31.724
District 4 has it on their agenda for consideration

403
00:19:32.664 --> 00:19:35.824
next week as well, is that we're not getting volunteers.

404
00:19:36.344 --> 00:19:40.044
So District 6, I believe, advertised for over a year without having an

405
00:19:40.104 --> 00:19:43.284
individual on the ARC committee before they went.

406
00:19:43.424 --> 00:19:46.944
District 1 had a resignation of both their primary

407
00:19:47.064 --> 00:19:50.764
and alternate, and then District 4, same thing.

408
00:19:50.864 --> 00:19:52.244
So they elected to go-

409
00:19:52.824 --> 00:19:56.744
We've been through this with regard to finding volunteers, and fortunately,

410
00:19:56.824 --> 00:19:58.943
we've had people like Mr. DeMaio step up.

411
00:19:59.364 --> 00:20:03.244
However, I guess my concern in part is, we had

412
00:20:03.284 --> 00:20:07.224
talked previously, some time ago, about possibly providing a stipend

413
00:20:07.284 --> 00:20:11.164
to the members of the Architectural Review Committee

414
00:20:11.464 --> 00:20:13.264
and found that we cannot do that.

415
00:20:13.554 --> 00:20:13.634
Right.

416
00:20:13.694 --> 00:20:14.044
And that

417
00:20:15.164 --> 00:20:18.804
the idea we're paying $230 an hour to somebody to do the work

418
00:20:19.504 --> 00:20:22.404
sort of is a slap in the face to the volunteers that are there.

419
00:20:22.474 --> 00:20:22.474
Right.

420
00:20:22.624 --> 00:20:23.464
I agree completely.

421
00:20:23.664 --> 00:20:26.824
In that this is one of those cases of, if there's any way

422
00:20:26.883 --> 00:20:30.804
possible that we can provide a stipend to the volunteer members,

423
00:20:30.904 --> 00:20:34.284
I'd rather keep the volunteer system than going to a professional.

424
00:20:34.964 --> 00:20:35.114
Yeah, for sure.

425
00:20:35.124 --> 00:20:39.024
The only thing that we're able to do, and it has been looked

426
00:20:39.064 --> 00:20:42.704
at by multiple district councils, is reimburse for mileage,

427
00:20:42.784 --> 00:20:43.644
which we do.

428
00:20:43.704 --> 00:20:43.774
Right.

429
00:20:43.824 --> 00:20:45.044
But unfortunately,

430
00:20:46.424 --> 00:20:50.254
certainly they are a committee of the board in the way it's

431
00:20:50.284 --> 00:20:52.004
set up through the Interlocal Agreement.

432
00:20:52.044 --> 00:20:54.344
You can't provide that stipend.

433
00:20:54.704 --> 00:20:55.784
What if we called them,

434
00:20:56.624 --> 00:20:59.204
what are you calling this new person that's reviewing this, Matt?

435
00:21:00.384 --> 00:21:02.864
The individual's an architectural review hearing officer.

436
00:21:03.764 --> 00:21:07.614
So what if we call Joe DeMaio an architectural review hearing officer and

437
00:21:07.684 --> 00:21:09.803
start paying him 230 bucks an hour?

438
00:21:10.094 --> 00:21:10.624
So they're-

439
00:21:10.644 --> 00:21:13.744
What are the credentials? What do they have to do?

440
00:21:13.804 --> 00:21:15.784
They are under contract, so

441
00:21:15.944 --> 00:21:19.624
it's a professional

442
00:21:19.704 --> 00:21:23.564
contract that we have, and we require them to have certain criteria

443
00:21:23.624 --> 00:21:27.264
in order to do that. If you wanted to look into doing that

444
00:21:27.304 --> 00:21:31.154
separately outside of the ARC committee, then you certainly could,

445
00:21:31.324 --> 00:21:35.044
but it wouldn't be through the established ARC committee that we have.

446
00:21:35.384 --> 00:21:36.144
But

447
00:21:37.264 --> 00:21:40.904
I guess my question is, if they're good enough to sit as a volunteer on that

448
00:21:40.944 --> 00:21:42.164
committee and pass judgment,

449
00:21:43.484 --> 00:21:46.804
why in the hell couldn't they get paid, become a hearing officer, and get the

450
00:21:46.824 --> 00:21:50.744
$230 an hour? Because now we hired somebody who's supposed to have all these great

451
00:21:50.804 --> 00:21:54.704
credentials. Well, if we need the credentials for District 4, why don't

452
00:21:54.744 --> 00:21:58.704
we need them for District 3? It seems like we're talking out both

453
00:21:58.744 --> 00:21:59.524
sides of our mouth here.

454
00:22:00.184 --> 00:22:03.844
And that's a board decision. That's something that you as a board would

455
00:22:03.854 --> 00:22:07.184
determine how you want to proceed, whether you want to continue with

456
00:22:07.284 --> 00:22:11.274
a committee of volunteers or whether you want to require certain

457
00:22:11.344 --> 00:22:14.304
criteria and go under contract with somebody. Okay.

458
00:22:15.004 --> 00:22:18.284
Again, it looks like I don't think we need to pay volunteers

459
00:22:18.294 --> 00:22:19.764
$230 an hour,

460
00:22:20.904 --> 00:22:24.564
but I think if we offered them a small amount per

461
00:22:24.584 --> 00:22:24.924
hour-

462
00:22:25.364 --> 00:22:25.794
But we can't do that

463
00:22:25.794 --> 00:22:26.824
... if we found a way to do it.

464
00:22:27.004 --> 00:22:28.284
But she just said we couldn't do that.

465
00:22:29.064 --> 00:22:32.544
Yeah. Based on the review of district council-

466
00:22:32.604 --> 00:22:32.614
Can't be done

467
00:22:32.614 --> 00:22:35.684
... both Mr. Briones and Ms. Fox, prior to Mr.

468
00:22:35.884 --> 00:22:37.564
Briones, the way

469
00:22:38.423 --> 00:22:42.404
Chapter 190 is laid out and the structure that you have as an

470
00:22:42.444 --> 00:22:46.424
ARC committee does not allow for them to be paid, just

471
00:22:46.464 --> 00:22:49.584
like the AAC members are not paid either.

472
00:22:49.724 --> 00:22:49.864
Right.

473
00:22:50.184 --> 00:22:53.824
But if you want to enter into a contract with an individual, then

474
00:22:53.924 --> 00:22:57.864
certainly you as a governing body have the ability to enter into contracts and to

475
00:22:57.944 --> 00:22:59.384
pay individuals.

476
00:22:59.394 --> 00:22:59.394
Yeah.

477
00:22:59.424 --> 00:23:02.844
The way it's done in the other districts is Village Center,

478
00:23:03.344 --> 00:23:07.244
as Village Center provides all of the management services to the districts, has

479
00:23:07.304 --> 00:23:11.264
a contract with these individuals, and then the district boards elect

480
00:23:11.324 --> 00:23:13.724
to utilize that contract for their

481
00:23:14.984 --> 00:23:15.484
services.

482
00:23:15.584 --> 00:23:18.924
I understand the concern about providing an individual contract for

483
00:23:18.964 --> 00:23:22.884
volunteers. However, I know full well contracts can be

484
00:23:22.944 --> 00:23:26.824
written loosely enough that we would be able to do that, and an individual

485
00:23:26.944 --> 00:23:30.044
could be able to step away without any difficulty.

486
00:23:30.824 --> 00:23:34.484
Okay. So yeah, you could, and I think that's kind of where

487
00:23:34.544 --> 00:23:38.484
2B is at with District 1. They've elected to step

488
00:23:38.544 --> 00:23:42.344
away. So you would also need to get the approval from all the other districts to

489
00:23:42.404 --> 00:23:45.184
step away and contract with somebody. You don't have to use this one.

490
00:23:45.504 --> 00:23:46.324
You can use someone else.

491
00:23:47.144 --> 00:23:48.684
But you do have the ability to do that.

492
00:23:49.124 --> 00:23:52.944
Just can't pay the current volunteer under the Interlocal Agreement and under

493
00:23:52.984 --> 00:23:53.724
Chapter 190.

494
00:23:53.904 --> 00:23:57.764
But I think more and more, we're almost, I can't say we're being compelled, but if

495
00:23:57.824 --> 00:24:01.724
we lack volunteers willing to come forth and do something, we still

496
00:24:01.784 --> 00:24:02.894
have to get these things-

497
00:24:03.368 --> 00:24:06.688
approves. So we are going to have to come up with something, and we place an

498
00:24:06.728 --> 00:24:10.668
additional burden on the other people who are in there as primary representatives

499
00:24:10.708 --> 00:24:12.068
from other districts. Am I not right?

500
00:24:13.108 --> 00:24:16.968
Somebody from district, let's say, seven would look at an application from

501
00:24:16.988 --> 00:24:19.888
district three, they're going to have to rule on it even though we don't have a

502
00:24:19.948 --> 00:24:22.108
primary there. It's basically where Jonah Mayo lives.

503
00:24:22.428 --> 00:24:26.408
And maybe we're being

504
00:24:26.448 --> 00:24:29.588
forced into taking a look at an alternative, that kind of thing, which I'm certain

505
00:24:29.628 --> 00:24:32.208
those other districts must have done the same kind of thing.

506
00:24:32.238 --> 00:24:32.238
No.

507
00:24:32.268 --> 00:24:35.988
How did you get that? Was that set up like that, Carrie?

508
00:24:36.328 --> 00:24:40.008
When they set up those newer districts down south, was it automatically

509
00:24:40.388 --> 00:24:42.748
a portion of setting them up that they would have?

510
00:24:43.128 --> 00:24:46.808
Yes. The districts that at the time that fell under the developer's

511
00:24:46.848 --> 00:24:47.328
purview-

512
00:24:47.668 --> 00:24:47.748
Right

513
00:24:47.808 --> 00:24:51.528
... they elected to go in that direction, just like they use a

514
00:24:51.588 --> 00:24:54.108
hearing officer for deed compliance cases as well.

515
00:24:54.328 --> 00:24:54.848
Right off the bat.

516
00:24:55.468 --> 00:24:58.668
Yes, sir. And then the districts have the ability to,

517
00:25:00.348 --> 00:25:03.968
once they have purview over deed compliance and architectural review,

518
00:25:04.328 --> 00:25:07.918
they certainly can get out of that method, but districts

519
00:25:08.008 --> 00:25:10.448
11, 12, and then 13,

520
00:25:11.368 --> 00:25:15.028
will be coming online this year, have elected to stay with that

521
00:25:15.328 --> 00:25:15.608
form.

522
00:25:16.128 --> 00:25:17.348
Okay. Makes sense.

523
00:25:18.728 --> 00:25:18.928
So,

524
00:25:19.768 --> 00:25:20.518
I think I only said

525
00:25:21.748 --> 00:25:25.348
the three items, A, B, and C that we have in the consent agenda.

526
00:25:25.428 --> 00:25:26.448
Do we have

527
00:25:27.988 --> 00:25:29.208
a motion to approve them?

528
00:25:31.288 --> 00:25:31.568
Move.

529
00:25:31.848 --> 00:25:32.608
Do we have a second?

530
00:25:34.128 --> 00:25:34.688
I'll second.

531
00:25:35.488 --> 00:25:36.108
All in favor?

532
00:25:36.968 --> 00:25:37.248
Aye.

533
00:25:37.808 --> 00:25:39.868
Any opposed? None opposed. Thank you.

534
00:25:40.588 --> 00:25:44.228
So move on to our public hearings. And we have, I think

535
00:25:45.128 --> 00:25:46.148
two fewer than we had.

536
00:25:46.828 --> 00:25:47.848
Correct. Two have cleared.

537
00:25:48.688 --> 00:25:52.388
So we'll start with our first one. Sorry, Matt Armstrong, community

538
00:25:52.488 --> 00:25:55.248
standards. So the first one is adoption of Resolution

539
00:25:55.468 --> 00:25:59.448
2026-04, amending and restating chapter two of the district's rule

540
00:25:59.508 --> 00:26:01.507
to bring about deed compliance.

541
00:26:02.308 --> 00:26:05.608
Sorry, it froze on me.

542
00:26:06.648 --> 00:26:10.558
At your May board meeting, the board did authorize for the publication of

543
00:26:10.588 --> 00:26:14.248
this amendment. The purpose is to update your standards with

544
00:26:14.268 --> 00:26:18.088
additional information to clarify items related to nuisance

545
00:26:18.248 --> 00:26:22.068
landscape lighting, exterior lighting, and seasonal displays.

546
00:26:22.648 --> 00:26:24.868
Since our initial publication of this

547
00:26:25.748 --> 00:26:29.608
information, I wanted to point out just a few additions that have been made

548
00:26:29.668 --> 00:26:30.488
during the

549
00:26:31.628 --> 00:26:33.308
previous two months leading to this point.

550
00:26:33.988 --> 00:26:37.648
First is going to be on the standards on page

551
00:26:37.828 --> 00:26:41.628
number one, exterior lighting. We added the italic where it

552
00:26:41.688 --> 00:26:45.528
says, "Please refer to the deed restrictions specific to your property to determine

553
00:26:45.568 --> 00:26:49.488
any regulations pertaining to exterior lighting." The reason for that is there

554
00:26:49.588 --> 00:26:53.008
are units within district three of the villa units that do not have rules

555
00:26:53.028 --> 00:26:56.608
pertaining to lighting at all. So we wanted to make sure that in the

556
00:26:56.748 --> 00:27:00.068
standards, everyone didn't think that that rule applied to all units.

557
00:27:00.108 --> 00:27:03.728
We wanted to point it back to the deed restrictions to make sure that a rule exists

558
00:27:03.808 --> 00:27:04.388
for them. So,

559
00:27:05.208 --> 00:27:06.988
we added that language in there as well.

560
00:27:08.368 --> 00:27:11.328
Underneath the landscape lighting, there were questions about, well, what if I have

561
00:27:11.368 --> 00:27:15.048
a light that I want to point up at a palm tree or my magnolia tree?

562
00:27:15.308 --> 00:27:18.198
All the information said it needed to be pointed down.

563
00:27:18.248 --> 00:27:22.088
So in the second large bullet on page number two, we did put in

564
00:27:22.128 --> 00:27:25.368
there that it can be directed upwards, providing that the lighting is low

565
00:27:25.408 --> 00:27:29.168
intensity, shielded where practicable, and does not

566
00:27:29.228 --> 00:27:31.888
create a glare, light trespass, or nuisance conditions affecting-

567
00:27:31.988 --> 00:27:33.528
And it can't shine on somebody's home.

568
00:27:33.568 --> 00:27:35.978
Correct. You don't want it to point through the palm tree and then into your

569
00:27:36.048 --> 00:27:36.728
neighbor's window.

570
00:27:36.878 --> 00:27:36.878
Right.

571
00:27:36.928 --> 00:27:38.528
So we added that language in there.

572
00:27:40.068 --> 00:27:44.028
And then further down underneath seasonal displays, we added

573
00:27:44.348 --> 00:27:48.328
the language or a bullet point that says you can only observe one holiday

574
00:27:48.368 --> 00:27:51.728
at a time. So for example, in March, you have St.

575
00:27:51.908 --> 00:27:54.288
Patrick's Day and Easter probably going on at the same time.

576
00:27:54.368 --> 00:27:57.648
We don't want to see a melding of two holidays decorating your lawn

577
00:27:57.868 --> 00:28:01.728
simultaneously. So choose one seasonal display at a time to display.

578
00:28:02.268 --> 00:28:05.188
So other than that, it is the same information as previously

579
00:28:06.288 --> 00:28:10.268
shown to this board, and it is staff's recommendation for the adoption of

580
00:28:10.308 --> 00:28:14.288
Resolution 2026-04, amending and restating chapter two of the district's

581
00:28:14.348 --> 00:28:14.528
rule.

582
00:28:16.008 --> 00:28:17.928
Now do we have to open a public hearing now?

583
00:28:18.308 --> 00:28:18.398
Yes.

584
00:28:18.398 --> 00:28:19.408
We'll open a public hearing.

585
00:28:21.147 --> 00:28:22.647
If there's anything regarding this.

586
00:28:26.688 --> 00:28:26.948
Hi.

587
00:28:28.728 --> 00:28:29.978
Would she state it for the

588
00:28:32.408 --> 00:28:33.128
record?

589
00:28:37.828 --> 00:28:40.788
Hi, Deborah Wallace, Cottages of Summer Chase,

590
00:28:40.848 --> 00:28:42.748
1678 Summer Chase.

591
00:28:45.068 --> 00:28:47.088
The amendments

592
00:28:48.008 --> 00:28:51.808
being put in about the flags,

593
00:28:51.888 --> 00:28:55.568
which refers to the state statute 720

594
00:28:55.808 --> 00:28:59.648
304, the way the verbiage is right now

595
00:28:59.708 --> 00:29:03.128
has caused a lot of confusion with people I've been hearing from and

596
00:29:03.208 --> 00:29:07.168
talking with, because it's not quoted exactly

597
00:29:07.228 --> 00:29:10.928
how 720 304 is stated in the

598
00:29:11.048 --> 00:29:11.808
statutes.

599
00:29:12.668 --> 00:29:15.728
The confusion being, it isn't clear,

600
00:29:17.148 --> 00:29:20.848
the way we've written it, that the villages does

601
00:29:20.948 --> 00:29:22.208
not restrict

602
00:29:24.008 --> 00:29:26.448
certain flags, say political,

603
00:29:27.348 --> 00:29:31.288
garden flag, whatever, but we cannot restrict the

604
00:29:31.348 --> 00:29:34.928
US flag, state flags, military, and so

605
00:29:35.128 --> 00:29:35.388
on.

606
00:29:35.798 --> 00:29:35.798
Right.

607
00:29:35.828 --> 00:29:39.628
So I think it just needs to be quoted exactly the way it

608
00:29:39.668 --> 00:29:43.508
says, because when you read 720, it's perfectly clear.

609
00:29:44.748 --> 00:29:48.688
And then people understand that the villages, we're not saying you

610
00:29:48.768 --> 00:29:52.708
can't fly these other types of flags on your home.

611
00:29:53.368 --> 00:29:54.088
Then the other

612
00:29:54.968 --> 00:29:58.868
thing I see could be a problem is the flag pole

613
00:29:58.908 --> 00:30:02.768
attached to a dwelling. We're not stating any type

614
00:30:02.848 --> 00:30:06.348
of size for it. You're leaving it up to the

615
00:30:06.388 --> 00:30:07.438
individual's

616
00:30:08.508 --> 00:30:12.068
artistic ability to see if it's

617
00:30:12.088 --> 00:30:15.028
aesthetically proper for the size of their home.

618
00:30:16.068 --> 00:30:19.288
You could end up with a flag the size of the window

619
00:30:19.428 --> 00:30:23.368
hanging from the house on a Zillow, which

620
00:30:23.488 --> 00:30:24.328
I think would be

621
00:30:25.688 --> 00:30:29.188
a little ridiculous aesthetic-wise to see.

622
00:30:29.258 --> 00:30:29.258
Mm-hmm.

623
00:30:29.288 --> 00:30:33.138
So I just think maybe we could do a size on

624
00:30:33.248 --> 00:30:37.068
that as well as what we did with the American flags

625
00:30:37.148 --> 00:30:39.308
on the flag pole. That's all.

626
00:30:41.748 --> 00:30:45.648
That you're just leaving it up to an individual judgment of what looks

627
00:30:45.688 --> 00:30:47.008
good on the front of their house.

628
00:30:47.568 --> 00:30:47.738
Mm-hmm.

629
00:30:47.738 --> 00:30:50.668
And it could be bigger than their garage double windows out

630
00:30:50.728 --> 00:30:52.498
there- ... with that one.

631
00:30:54.368 --> 00:30:54.828
That's all.

632
00:30:55.708 --> 00:30:56.108
Thank you.

633
00:30:56.117 --> 00:30:56.168
Thank you.

634
00:31:00.908 --> 00:31:03.708
Hello, board. That would've been in your architectural review manual.

635
00:31:03.768 --> 00:31:06.888
That's not in the standards that we're presenting here today.

636
00:31:07.308 --> 00:31:07.428
Right.

637
00:31:08.368 --> 00:31:10.008
That's what I would think so. Yep.

638
00:31:11.148 --> 00:31:11.448
Okay.

639
00:31:12.248 --> 00:31:16.188
Does she understand that? Make sure she understands the clarification

640
00:31:16.228 --> 00:31:19.328
just made there, Matt, because I think that's significant for her.

641
00:31:19.408 --> 00:31:19.508
Yeah.

642
00:31:20.388 --> 00:31:22.908
I'll reach out to her afterwards, and we'll discuss the-

643
00:31:22.968 --> 00:31:23.208
Okay

644
00:31:23.228 --> 00:31:23.988
... what was being presented.

645
00:31:24.228 --> 00:31:24.548
Very good.

646
00:31:24.588 --> 00:31:26.028
Yeah, because I think she has a good point.

647
00:31:26.228 --> 00:31:26.388
Mm-hmm.

648
00:31:27.568 --> 00:31:30.088
But if we've already had it covered, then that's not here.

649
00:31:30.808 --> 00:31:30.948
Right.

650
00:31:31.048 --> 00:31:32.168
Just so she's aware.

651
00:31:32.548 --> 00:31:32.868
Okay.

652
00:31:34.668 --> 00:31:35.128
Anything else?

653
00:31:36.168 --> 00:31:37.188
I'm going to close the public hearing.

654
00:31:39.828 --> 00:31:40.028
So

655
00:31:41.088 --> 00:31:45.048
do we have it, excuse me, a motion to approve the adoption of

656
00:31:45.088 --> 00:31:47.468
Resolution 2026-04?

657
00:31:48.428 --> 00:31:48.948
So moved.

658
00:31:50.588 --> 00:31:50.848
Second?

659
00:31:51.188 --> 00:31:51.588
Second.

660
00:31:52.008 --> 00:31:52.608
All in favor?

661
00:31:53.348 --> 00:31:53.648
Aye.

662
00:31:53.858 --> 00:31:55.848
Aye. Any opposed? None opposed. Okay.

663
00:31:58.728 --> 00:31:59.068
Next.

664
00:32:03.288 --> 00:32:05.388
Yes, sir. Next, we have two public hearings for-

665
00:32:05.428 --> 00:32:05.608
Yes

666
00:32:05.618 --> 00:32:07.908
... decompliance, with the first one being case number

667
00:32:08.008 --> 00:32:09.778
D3-06-26.

668
00:32:09.828 --> 00:32:10.128
Okay.

669
00:32:11.008 --> 00:32:14.988
District number 3 v. Mann. As you are aware, in the public

670
00:32:15.028 --> 00:32:17.748
hearing process, you act as both judge and jury.

671
00:32:18.268 --> 00:32:21.258
In that capacity, you will consider evidence, make findings of fact, and draw

672
00:32:21.328 --> 00:32:25.128
conclusions of law. During the hearing, you may only receive evidence from

673
00:32:25.248 --> 00:32:28.238
district staff, the property owner, and those that will be substantially and

674
00:32:28.248 --> 00:32:31.048
directly affected by the outcome of the board's decision.

675
00:32:31.108 --> 00:32:34.148
At the conclusion of the public hearing, you'll need to decide whether staff

676
00:32:34.158 --> 00:32:36.968
presented competent, substantial evidence to support a finding of the alleged

677
00:32:37.028 --> 00:32:40.708
violation. And if so, you must enter an order of enforcement against the

678
00:32:40.748 --> 00:32:43.908
property owner. If there's anyone here to testify today, if you'd please stand and

679
00:32:43.928 --> 00:32:44.568
raise your right hand.

680
00:32:45.648 --> 00:32:48.617
You swear or affirm that the testimony you're about to provide is the truth, the

681
00:32:48.648 --> 00:32:50.028
whole truth, and nothing but the truth?

682
00:32:50.108 --> 00:32:50.408
I do.

683
00:32:51.408 --> 00:32:52.378
We can open the public hearing.

684
00:32:52.378 --> 00:32:52.828
Open the public hearing now.

685
00:32:54.628 --> 00:32:56.588
Hello, board. Matt Armstrong, Community Standards.

686
00:32:56.808 --> 00:33:00.668
So before you today, we do have case number D30626, Village

687
00:33:00.728 --> 00:33:04.348
Community Development District Number 3 versus Billy J. Mann and Caroline P.

688
00:33:04.428 --> 00:33:08.288
Mann at 3288 Shelby Street, Unit 67, Lot 270.

689
00:33:08.868 --> 00:33:12.688
Violation of the district's rule to bring about decompliance, specifically the rule

690
00:33:12.708 --> 00:33:15.648
that states, "Owners shall keep their home sites neat and clean, the grass cut and

691
00:33:15.708 --> 00:33:19.218
edged and irrigated at all times. An owner does not adhere to the regulation, and

692
00:33:19.248 --> 00:33:21.768
then the work may be performed on behalf of the owner, and the cost shall be

693
00:33:21.848 --> 00:33:25.528
charged to the owner." As stated in your external de-restriction standards,

694
00:33:25.688 --> 00:33:28.748
maintenance means exercise of reasonable care to keep buildings, landscaping,

695
00:33:28.828 --> 00:33:32.117
lights, lawns, and generally except... Sorry.

696
00:33:32.248 --> 00:33:34.488
Lawns and related improvements to good conditions.

697
00:33:35.658 --> 00:33:38.888
Standards also state, "Shrubbery must be maintained so it does not extend to

698
00:33:38.928 --> 00:33:42.748
soffits and rain gutters of the home and must not obstruct entry to the front

699
00:33:42.828 --> 00:33:46.568
door. Hedges are defined as a contiguous group of shrubs."

700
00:33:47.988 --> 00:33:51.608
We did receive a complaint regarding this property back on April

701
00:33:51.748 --> 00:33:55.348
20th, 2026. As this board is very aware,

702
00:33:55.428 --> 00:33:59.348
this property's come before you multiple times for various other reasons.

703
00:33:59.668 --> 00:34:03.548
It is a HUD-owned property. We have reached out to HUD and

704
00:34:03.568 --> 00:34:06.868
Saline Finance, who we do know operates with the property.

705
00:34:07.688 --> 00:34:11.649
They said that they would send someone out to take care of the issue once they get

706
00:34:11.708 --> 00:34:15.589
a bid for it. Unfortunately, they missed their bid deadline,

707
00:34:15.649 --> 00:34:19.308
and they now are going back out to get a bid again so that they can have someone

708
00:34:19.348 --> 00:34:22.897
come and maintain the property. And as of the other day,

709
00:34:23.748 --> 00:34:27.669
we actually received communication from a title company asking about the fines

710
00:34:27.708 --> 00:34:30.757
associated and the cases associated with this property.

711
00:34:30.768 --> 00:34:33.308
We sent them over all the information, and they thanked us.

712
00:34:33.948 --> 00:34:37.248
So typically, when we hear from title companies, that means it's up for sale,

713
00:34:37.848 --> 00:34:41.038
and someone's interested in it. So crossing our fingers, that might be some good

714
00:34:41.228 --> 00:34:44.488
news for this property. But in the meantime, it is staff's

715
00:34:44.808 --> 00:34:48.248
recommendation to fine the owners in violation of the district's decompliance rule

716
00:34:48.308 --> 00:34:52.109
as cited by decompliance staff. Owners have seven days to trim the shrubs

717
00:34:52.149 --> 00:34:55.188
away from the eaves of the home to bring that property into compliance.

718
00:34:55.228 --> 00:34:57.968
The shrubs are trimmed away from the eaves of the home within seven days of the

719
00:34:58.028 --> 00:35:01.298
order of enforcement, case number D30626 shall be closed.

720
00:35:01.948 --> 00:35:04.817
The shrubs are not trimmed away from the eaves of the home, and the property is not

721
00:35:04.828 --> 00:35:07.568
brought into compliance within seven days of the order of enforcement, authorize

722
00:35:07.608 --> 00:35:11.448
the district to maintain the property and impose a $150 per maintenance hour

723
00:35:11.568 --> 00:35:15.168
fine, plus a $100 administrative fee to be paid within 10 days of the invoice.

724
00:35:15.658 --> 00:35:18.708
The owners prohibit the district from maintaining the property, then the owners

725
00:35:18.728 --> 00:35:22.588
shall be fined an initial amount of $150 and an additional $50

726
00:35:22.668 --> 00:35:24.968
daily until the property is brought into compliance.

727
00:35:25.438 --> 00:35:28.548
The property is not brought into compliance as required herein, staff shall record

728
00:35:28.568 --> 00:35:31.328
the order of enforcement claim of lien in the public records of Sumter County,

729
00:35:31.368 --> 00:35:34.938
Florida. It is the owner's responsibility to contact the Community Standards

730
00:35:35.008 --> 00:35:38.768
Department to request a decompliance officer revisit the property to confirm

731
00:35:38.848 --> 00:35:42.608
compliance. If the fines reach $1,500, the case shall be turned over to district

732
00:35:42.648 --> 00:35:45.698
counsel to seek all available remedies, which may include initiating a lawsuit and

733
00:35:45.728 --> 00:35:47.168
seeking an injunction against the owners.

734
00:35:47.658 --> 00:35:50.138
The owners are responsible for reimbursing the district for all attorneys' fees,

735
00:35:50.228 --> 00:35:53.708
costs, and expenses associated with or related to this order of enforcement claim

736
00:35:53.748 --> 00:35:57.148
of lien. The property is brought into compliance and all fines are paid, Chairman

737
00:35:57.228 --> 00:36:00.468
authorizes staff to execute and record a satisfaction of release claim of lien.

738
00:36:00.928 --> 00:36:03.128
Chairman to execute the order of enforcement.

739
00:36:04.248 --> 00:36:06.068
Matt, do we have a lien on that property presently?

740
00:36:06.188 --> 00:36:06.928
We do, sir. Yes.

741
00:36:07.188 --> 00:36:11.058
And would these fines at the $50 daily rate, since there's been an ongoing kind of

742
00:36:11.088 --> 00:36:13.208
concern with it, when would that begin?

743
00:36:13.992 --> 00:36:16.592
Oh, the fines have been continuously accruing.

744
00:36:16.632 --> 00:36:20.092
Okay. So they're still going on, and it would just be, this is

745
00:36:20.152 --> 00:36:21.712
inclusive of what we would do today?

746
00:36:21.852 --> 00:36:22.172
Correct.

747
00:36:22.472 --> 00:36:24.532
Matt, who is the current owner?

748
00:36:25.072 --> 00:36:26.032
Saleen Finance.

749
00:36:26.272 --> 00:36:26.552
Okay.

750
00:36:27.572 --> 00:36:30.112
Does that mean that HUD is out of this entirely?

751
00:36:30.852 --> 00:36:34.442
I do not believe so. I think Saleen Finance is working with HUD on this one.

752
00:36:35.332 --> 00:36:38.972
We do have a lien on the property, and the title company who reached out to us to

753
00:36:39.052 --> 00:36:39.272
ask us to pay out.

754
00:36:39.282 --> 00:36:42.052
And it's not just a lien. This piece of property owes us,

755
00:36:42.932 --> 00:36:46.252
if you use the out-of-pocket cost and the fines,

756
00:36:46.872 --> 00:36:48.292
a lot of money.

757
00:36:48.472 --> 00:36:48.732
They do.

758
00:36:48.792 --> 00:36:52.492
And this house has been on the

759
00:36:52.532 --> 00:36:53.012
agenda

760
00:36:54.252 --> 00:36:55.292
well over 10 years.

761
00:36:55.792 --> 00:36:55.802
Yeah.

762
00:36:55.832 --> 00:36:58.552
I mean, we've been going through this over and over again.

763
00:36:59.032 --> 00:37:01.592
And I ask about whether HUD has any

764
00:37:02.812 --> 00:37:06.592
interest in the property anymore because I recognize that if HUD

765
00:37:06.652 --> 00:37:08.912
has interest, we probably won't see a dime.

766
00:37:09.352 --> 00:37:10.082
HUD will capture-

767
00:37:10.112 --> 00:37:10.122
Right

768
00:37:10.122 --> 00:37:12.372
... every dime there is to be taken.

769
00:37:13.152 --> 00:37:16.952
So I'm looking sideways at my notes here that we have for this one.

770
00:37:17.772 --> 00:37:21.652
HUD responded to an inquiry, and it's transferred ownership to BSI

771
00:37:21.792 --> 00:37:25.512
Financial Services, and they are located in Pennsylvania.

772
00:37:25.822 --> 00:37:28.932
And so we've emailed that bank regarding to that.

773
00:37:29.312 --> 00:37:31.632
So they transferred ownership to-

774
00:37:31.642 --> 00:37:33.632
To BSI Financial Services.

775
00:37:33.932 --> 00:37:37.712
Mr. Briones, when something like that happens with the transfer of

776
00:37:37.752 --> 00:37:40.952
ownership, does that mean that HUD is out of the game?

777
00:37:42.412 --> 00:37:44.972
We'd need to look at how that transfer took place, and

778
00:37:46.172 --> 00:37:50.072
there's a lot to take into consideration, whether the transfer took

779
00:37:50.112 --> 00:37:53.592
place by sale, whether it was a subsidiary.

780
00:37:53.832 --> 00:37:57.792
There's a lot of things to look at for that, and I don't have that information

781
00:37:57.872 --> 00:37:59.212
in front of me, but we can look at that.

782
00:37:59.332 --> 00:37:59.452
See,

783
00:38:00.832 --> 00:38:03.822
like I said, if HUD's the owner, we ain't going to see nothing-

784
00:38:03.952 --> 00:38:04.352
Right. Nah

785
00:38:04.452 --> 00:38:04.992
... out of the money.

786
00:38:05.132 --> 00:38:05.772
That's the case.

787
00:38:05.852 --> 00:38:08.962
If a private entity owns this totally and outright-

788
00:38:09.012 --> 00:38:09.732
Could be different

789
00:38:09.742 --> 00:38:13.732
... there is a possibility. I mean, although HUD will be the first one up to

790
00:38:13.752 --> 00:38:14.252
get any money.

791
00:38:14.372 --> 00:38:15.072
So you're going to look into it?

792
00:38:15.512 --> 00:38:17.932
Yeah, and it depends on how it was transferred, so we need to look at that.

793
00:38:18.252 --> 00:38:18.512
Okay.

794
00:38:19.272 --> 00:38:22.152
I would appreciate your doing so because, I mean,

795
00:38:23.052 --> 00:38:24.252
we've been going at this one forever.

796
00:38:24.272 --> 00:38:25.832
Yeah, a long time.

797
00:38:28.892 --> 00:38:30.312
They've been dead for a long time.

798
00:38:31.792 --> 00:38:33.131
So we'll close public hearing.

799
00:38:35.032 --> 00:38:36.812
Any other discussions on this one?

800
00:38:38.172 --> 00:38:41.542
Just a recommendation to accept staff's-- or a motion to accept staff's

801
00:38:41.592 --> 00:38:42.212
recommendation.

802
00:38:42.552 --> 00:38:42.992
So moved.

803
00:38:43.672 --> 00:38:44.012
Second.

804
00:38:44.452 --> 00:38:45.092
All in favor?

805
00:38:45.792 --> 00:38:45.982
Aye.

806
00:38:45.982 --> 00:38:45.982
Aye.

807
00:38:45.982 --> 00:38:46.232
Aye.

808
00:38:47.152 --> 00:38:50.032
Any opposed? None opposed. Okay, next item.

809
00:38:50.172 --> 00:38:53.352
Our second case is D3-09-26,

810
00:38:53.892 --> 00:38:56.592
District 3 v. Huzor. If there's anyone here other than Mr.

811
00:38:56.792 --> 00:38:59.351
Armstrong who's already been sworn, please stand and raise your right hand.

812
00:39:01.792 --> 00:39:02.812
We can open the public hearing.

813
00:39:02.932 --> 00:39:04.632
All right. Public hearing is open.

814
00:39:05.912 --> 00:39:08.492
All right. Hello again, Matt Armstrong, Community Standards.

815
00:39:08.572 --> 00:39:12.232
So before you, case number D3-09-26, Village Community Development,

816
00:39:12.312 --> 00:39:16.152
District Number 3 v. Joanne A. Huzor of 3296

817
00:39:16.212 --> 00:39:20.161
Atwell Avenue, Unit 35, Lot 50, violation

818
00:39:20.192 --> 00:39:23.172
of the district's rule to bring about decompliance, specifically the rule what

819
00:39:23.232 --> 00:39:26.362
states, "It shall be the responsibility of the owners to keep their lots neat and

820
00:39:26.412 --> 00:39:28.732
clean and the grass cut, irrigated, and edged at all times.

821
00:39:29.132 --> 00:39:32.112
If an owner does not adhere to the regulations, then the work may be performed on

822
00:39:32.132 --> 00:39:34.092
behalf of the owner, and the cost shall be charged to the owner.

823
00:39:34.652 --> 00:39:37.592
As stated in your external deed restriction standards, maintenance means the

824
00:39:37.672 --> 00:39:41.642
exercise of reasonable care to keep buildings, landscaping, lights, lawns, and

825
00:39:41.672 --> 00:39:43.912
related improvements in good condition."

826
00:39:45.452 --> 00:39:49.292
On July 14th, a complaint was received about overgrown grass and weeds.

827
00:39:49.432 --> 00:39:52.932
The violation was verified, and we did write the reminder.

828
00:39:53.772 --> 00:39:54.212
We have-

829
00:39:54.292 --> 00:39:55.172
On what date did you say?

830
00:39:55.832 --> 00:39:57.142
This is 2025, so this is going to be-

831
00:39:57.192 --> 00:39:57.552
Okay

832
00:39:57.632 --> 00:39:58.242
... a reoccurring

833
00:39:59.072 --> 00:39:59.652
violation

834
00:40:00.712 --> 00:40:01.592
presentation today.

835
00:40:01.852 --> 00:40:02.692
Oh, yeah, I see that now.

836
00:40:03.072 --> 00:40:06.972
Yeah. After following the procedures, the violation was clear on September 24th,

837
00:40:07.172 --> 00:40:09.881
2025, because the property was brought into compliance.

838
00:40:10.642 --> 00:40:13.242
After receiving an additional complaint on June 2nd of

839
00:40:14.392 --> 00:40:17.912
2026, a deed restriction reminder was written on June 3rd.

840
00:40:17.992 --> 00:40:21.252
Since this was a reoccurring violation offense, the owner was immediately given

841
00:40:21.292 --> 00:40:22.272
notice of public hearing

842
00:40:23.392 --> 00:40:26.912
by regular and certified mail. Staff has been unable to

843
00:40:26.952 --> 00:40:28.412
establish contact with the homeowner.

844
00:40:28.492 --> 00:40:31.731
Staff did contact HUD and 24-Hour Asset Management to determine

845
00:40:31.752 --> 00:40:35.411
if they maintain the property. We have not received

846
00:40:35.452 --> 00:40:39.412
anything to date. A recent inspection on the property on the 8th did

847
00:40:39.472 --> 00:40:41.472
determine that the property was out of compliance.

848
00:40:41.972 --> 00:40:45.962
There is a piece of paper taped to the front window, so typically we know at

849
00:40:46.012 --> 00:40:49.792
that time then it is in a bank process, and so that's why we

850
00:40:49.812 --> 00:40:53.512
started reaching out to all of our bank folks to see who may have

851
00:40:53.752 --> 00:40:57.492
this particular information. But it is tucked away behind, so it's

852
00:40:57.532 --> 00:41:01.252
difficult to read, so that's why we're going through our normal routine of calling

853
00:41:01.292 --> 00:41:05.182
different entities. It is staff's recommendation to find the owner to have

854
00:41:05.192 --> 00:41:08.452
violated the district's decompliance rule as cited by decompliance staff.

855
00:41:09.012 --> 00:41:12.332
Find the owner to be in violation of the reoccurring violation policy as listed in

856
00:41:12.372 --> 00:41:15.352
Appendix B, Procedures for Compliance of External Deed Restriction,

857
00:41:16.652 --> 00:41:19.252
and schedule for the fines of the Community Development District Number 3.

858
00:41:19.752 --> 00:41:21.172
The property is currently not in compliance.

859
00:41:21.192 --> 00:41:24.852
The owner has seven days to mow the overgrown grass and weeds or, and remove the

860
00:41:24.892 --> 00:41:26.311
weeds to bring that property into compliance.

861
00:41:26.892 --> 00:41:29.462
If the grass is mowed and the weeds are removed within seven days of the order of

862
00:41:29.512 --> 00:41:32.232
enforcement, case number D30926 shall be closed.

863
00:41:32.662 --> 00:41:35.672
If the grass is not mowed and the weeds are not removed, and the property is not

864
00:41:35.712 --> 00:41:38.472
brought into compliance within seven days of the order of enforcement, authorize

865
00:41:38.482 --> 00:41:42.212
the district to maintain the property and impose a minimum of $250 fine

866
00:41:42.612 --> 00:41:45.532
or the actual cost of maintenance, whichever is more, to be paid within 10 days of

867
00:41:45.552 --> 00:41:49.532
the order of the invoice. Authorize the district to maintain the property

868
00:41:49.612 --> 00:41:52.912
twice a month in the summer and once a month in the winter as needed, and impose a

869
00:41:52.932 --> 00:41:56.072
$250 fine each time the district maintains the property.

870
00:41:56.102 --> 00:41:59.282
If the owner prohibits the district from maintaining the property, then the owner

871
00:41:59.332 --> 00:42:03.212
shall be fined an initial $150 and an additional $50 daily

872
00:42:03.252 --> 00:42:06.132
fine until the property is brought into compliance.

873
00:42:06.172 --> 00:42:10.132
If the owner violates the same provision of the rule within 12 months of this date,

874
00:42:10.952 --> 00:42:14.912
July 10th, 2026, the violation shall be considered a repeat violation.

875
00:42:15.412 --> 00:42:18.452
Staff is not required to give the owner reasonable time to correct the violation.

876
00:42:18.572 --> 00:42:22.112
Staff shall present the case to the board of supervisors even if the repeat

877
00:42:22.172 --> 00:42:25.222
violation has been corrected prior to the public hearing, and the notice shall so

878
00:42:25.292 --> 00:42:29.200
state. Owners who have been found to have repeat violations may be fined

879
00:42:29.240 --> 00:42:33.200
up to $500, and a board of supervisors may impose a $500

880
00:42:33.220 --> 00:42:35.510
daily fine until the property is brought into compliance.

881
00:42:36.050 --> 00:42:39.010
If the fines reach $1,500, the case shall be turned over to district counsel to

882
00:42:39.080 --> 00:42:42.700
seek all available remedies, which may include initiating a lawsuit and seeking an

883
00:42:42.720 --> 00:42:46.020
injunction against the owner. The owner is responsible for reimbursing the district

884
00:42:46.040 --> 00:42:49.200
for all attorney's fees, costs, and expenses associated with or related to this

885
00:42:49.240 --> 00:42:52.870
order of enforcement. Chairman, to execute the order of

886
00:42:52.940 --> 00:42:54.920
enforcement.

887
00:42:59.600 --> 00:43:00.600
Any questions you've got to ask?

888
00:43:01.640 --> 00:43:01.920
Well, the

889
00:43:03.960 --> 00:43:07.740
telling phrase here in all of the verbiage is, "Staff has been unable to

890
00:43:07.800 --> 00:43:09.620
establish contact with the homeowner."

891
00:43:10.320 --> 00:43:10.420
Right.

892
00:43:10.700 --> 00:43:14.590
So we don't know whether the homeowner is alive, dead, if they're alive, they've

893
00:43:14.600 --> 00:43:15.180
moved away.

894
00:43:18.440 --> 00:43:21.100
I'm looking, I guess, for anecdotal answers to some of this.

895
00:43:21.580 --> 00:43:25.120
Has staff or have your personnel

896
00:43:25.180 --> 00:43:27.820
contacted neighbors to see if there's any life in the home?

897
00:43:27.900 --> 00:43:28.030
If

898
00:43:29.700 --> 00:43:33.560
a neighbor says, "Oh, she moved out two years ago and

899
00:43:34.040 --> 00:43:35.480
has been gone," or, "She died,"

900
00:43:36.800 --> 00:43:38.720
does your staff do any of that?

901
00:43:39.480 --> 00:43:42.070
We typically do not go door to door knocking on doors to ask.

902
00:43:42.120 --> 00:43:45.080
I'm not looking for you to go door to door, but if you went to a house on either

903
00:43:45.240 --> 00:43:48.060
side just simply to ask. I can tell you right now,

904
00:43:49.160 --> 00:43:52.440
if there's somebody living in the house on either side of me or whether there's

905
00:43:52.460 --> 00:43:56.180
any... And it's a good example with regard to the one house because it's

906
00:43:56.200 --> 00:43:59.840
vacant most of the time, but there's an active homeowner there.

907
00:44:00.860 --> 00:44:04.700
The idea that the staff is unable to establish contact, I don't want

908
00:44:04.720 --> 00:44:08.520
this again to be an exercise in futility where we're simply throwing

909
00:44:08.580 --> 00:44:10.750
water into the wind because

910
00:44:12.140 --> 00:44:16.060
we'll go ahead and fine, and if we find out later that the individual is dead,

911
00:44:16.320 --> 00:44:19.780
moved away, lives in Pueblo or something, I

912
00:44:21.320 --> 00:44:25.300
don't want to go through all of this over and over and over again, as

913
00:44:25.360 --> 00:44:26.440
we have with the Manns.

914
00:44:28.040 --> 00:44:31.960
I would make a recommendation to your staff that they at least talk

915
00:44:32.040 --> 00:44:36.029
to people on either side to find out, "Do you know anything about

916
00:44:36.029 --> 00:44:38.420
this lady? Do you have a present contact?"

917
00:44:39.000 --> 00:44:41.600
Well, we do our best when they are outside.

918
00:44:41.660 --> 00:44:44.390
If they see someone, they'll try to strike a conversation.

919
00:44:44.420 --> 00:44:46.580
I'm just overly cautious about

920
00:44:47.460 --> 00:44:50.760
trusting the word of neighbors because we've had an instance before where someone

921
00:44:50.780 --> 00:44:53.380
said a neighbor was deceased, and they showed back up.

922
00:44:54.060 --> 00:44:58.000
So I'm very cautious about the testimony from neighbors whereas we're

923
00:44:58.020 --> 00:45:01.440
looking for death certificates. We're going to contact next of kin on anybody on

924
00:45:01.460 --> 00:45:04.400
the property if they have emergency contacts. We'll go that route.

925
00:45:04.440 --> 00:45:05.570
We'll try to reach out to any

926
00:45:06.400 --> 00:45:08.700
siblings or children that may be on record with us.

927
00:45:08.800 --> 00:45:11.300
We try to go that route as much as possible.

928
00:45:11.540 --> 00:45:14.780
But if there is a neighbor outside, we see them, we'll also say, "Hey, do you know

929
00:45:14.840 --> 00:45:16.000
what's going on with this property?

930
00:45:16.100 --> 00:45:18.640
What have you seen?" We do have those conversations.

931
00:45:18.720 --> 00:45:21.659
But they know they have not walked up to other neighbors or knocked on neighbors'.

932
00:45:22.120 --> 00:45:24.860
I understand your concern. I understand the

933
00:45:25.740 --> 00:45:26.860
nature of the issue, but

934
00:45:27.680 --> 00:45:29.400
I'd still like to see somebody go,

935
00:45:31.550 --> 00:45:33.580
"We're dealing with the property next door.

936
00:45:33.640 --> 00:45:34.030
Do you know

937
00:45:35.060 --> 00:45:37.660
Mrs. Husser or do you know anything about Mrs.

938
00:45:37.720 --> 00:45:41.580
Husser or where we might find her?" And it may be a simple answer that says, "Oh,

939
00:45:41.740 --> 00:45:42.860
she died a year ago."

940
00:45:43.100 --> 00:45:46.460
Plus, they would have a vested interest being a neighbor to getting that property

941
00:45:46.520 --> 00:45:47.200
cleaned up, too.

942
00:45:47.640 --> 00:45:48.440
Oh, absolutely.

943
00:45:49.420 --> 00:45:51.920
I'm not asking them to step up and do anything.

944
00:45:52.000 --> 00:45:54.200
I just want to see if we can get greater information.

945
00:45:55.080 --> 00:45:57.240
I'll make the recommendation to your staff.

946
00:45:57.300 --> 00:45:57.500
Mm-hmm.

947
00:45:59.320 --> 00:46:00.740
Because I think it's valuable in-

948
00:46:01.540 --> 00:46:03.420
Yeah, since there's been no contact, I concur.

949
00:46:03.460 --> 00:46:07.280
I think we need to take another step to try to

950
00:46:07.580 --> 00:46:08.560
gather information.

951
00:46:08.780 --> 00:46:09.260
Understood.

952
00:46:09.740 --> 00:46:12.840
It may be as simple as, "Oh, yeah, there's somebody there because I see the car go

953
00:46:12.860 --> 00:46:13.320
in and out."

954
00:46:13.500 --> 00:46:13.600
Right.

955
00:46:13.760 --> 00:46:14.180
Thank you.

956
00:46:15.140 --> 00:46:15.880
We know they're there.

957
00:46:16.640 --> 00:46:16.960
Okay.

958
00:46:18.120 --> 00:46:19.040
Understood.

959
00:46:19.120 --> 00:46:19.250
Understood.

960
00:46:19.260 --> 00:46:21.360
Okay. It's understood. Very good.

961
00:46:22.580 --> 00:46:23.040
Anything else?

962
00:46:24.440 --> 00:46:25.600
Then we'll close the public hearing.

963
00:46:27.300 --> 00:46:28.040
Do we have a motion?

964
00:46:28.740 --> 00:46:29.280
So moved.

965
00:46:30.280 --> 00:46:30.600
Second?

966
00:46:30.900 --> 00:46:31.500
Second.

967
00:46:31.580 --> 00:46:32.100
All in favor?

968
00:46:32.740 --> 00:46:33.000
Aye.

969
00:46:33.030 --> 00:46:33.240
Aye.

970
00:46:33.640 --> 00:46:35.120
None opposed. Very good. Thank you.

971
00:46:35.220 --> 00:46:35.740
Thank you, Board.

972
00:46:38.380 --> 00:46:40.400
So move on to old business. Status update.

973
00:46:41.460 --> 00:46:44.340
Yes, sir. The first item on old business I will turn over to Mr.

974
00:46:44.560 --> 00:46:48.500
Briones, as it was having to do with his recommendation on

975
00:46:48.620 --> 00:46:50.440
the reflective pavement markers.

976
00:46:51.620 --> 00:46:55.360
Yes, and we did send an email out with the memorandum that I prepared.

977
00:46:55.720 --> 00:46:58.760
I'm not sure if you reviewed it and have any questions regarding that.

978
00:47:02.420 --> 00:47:03.660
I'd like to make some comments.

979
00:47:04.080 --> 00:47:04.300
Okay.

980
00:47:05.560 --> 00:47:05.780
Okay?

981
00:47:06.360 --> 00:47:06.540
Sure.

982
00:47:07.780 --> 00:47:11.540
CDD has 3.97 miles of multimodal path within our

983
00:47:11.620 --> 00:47:15.160
district. Our district was created in 1998.

984
00:47:15.260 --> 00:47:18.280
It has therefore been in existence for 28 years.

985
00:47:18.480 --> 00:47:21.030
I've lived in the district for the last 23 years,

986
00:47:21.940 --> 00:47:25.680
and I'm not familiar with any golf cart crashes or accidents involving golf

987
00:47:25.740 --> 00:47:29.540
carts during that time within our almost four miles of multimodal

988
00:47:29.640 --> 00:47:30.040
path.

989
00:47:30.860 --> 00:47:34.720
The standard width of the multimodal path in CDD3 is 12 feet.

990
00:47:35.480 --> 00:47:37.760
The standard width of a typical golf cart is four feet.

991
00:47:38.560 --> 00:47:42.020
When two golf carts meet on the path traveling in opposite directions, they

992
00:47:42.080 --> 00:47:45.880
occupy a total of eight feet, thus there still remains two feet of extra

993
00:47:46.000 --> 00:47:47.540
space on either side of the path.

994
00:47:48.380 --> 00:47:51.660
Citizens traveling through our district on the path have managed to traverse it

995
00:47:51.700 --> 00:47:55.440
without any indication of a distinction regarding a

996
00:47:55.500 --> 00:47:59.000
bisection of the path, whether it was in the form of a painted dividing line

997
00:47:59.620 --> 00:48:03.240
or RPMs. It should be noted that CDD3 has

998
00:48:03.300 --> 00:48:07.210
complied with the Manual of Uniform Traffic Control Devices regarding the placement

999
00:48:07.240 --> 00:48:10.220
of RPMs where they provide a safety indication.

1000
00:48:11.240 --> 00:48:14.960
I would submit that before we make a decision on the installation of RPMs in our

1001
00:48:15.040 --> 00:48:18.740
district, that we should try to determine if we have had a problem in the past

1002
00:48:19.080 --> 00:48:22.240
with separating the path that resulted in a crash or property damage.

1003
00:48:22.760 --> 00:48:26.240
If the RPMs would have been in place, might they have prevented the

1004
00:48:26.340 --> 00:48:29.880
accident? Or were there maybe medical issues or depth

1005
00:48:29.920 --> 00:48:30.840
perception issues?

1006
00:48:31.608 --> 00:48:35.408
And is there a greater likelihood to hug the center and thus cause a golf

1007
00:48:35.468 --> 00:48:37.988
cart group to close closer to each other?

1008
00:48:38.068 --> 00:48:38.228
Mm-hmm.

1009
00:48:38.768 --> 00:48:42.528
How many golf carts utilize the CD3 portion of the multimodal path

1010
00:48:42.568 --> 00:48:46.238
between the hours of 9:00 PM and 7:00 AM, which would appear to have the

1011
00:48:46.308 --> 00:48:48.348
greatest impact for a line of distinction?

1012
00:48:49.348 --> 00:48:52.928
I guess another question would be how many people rollerblade, bicycle,

1013
00:48:52.968 --> 00:48:56.828
or push carts, whether for babies or dogs, in utilizing our

1014
00:48:56.868 --> 00:49:00.758
CDD3 multimodal path. Mark, you've indicated that

1015
00:49:00.768 --> 00:49:04.628
whether we make a decision to install or not to install the RPMs, it would

1016
00:49:04.648 --> 00:49:08.228
not be a contraindication of the engineering study, and I

1017
00:49:08.268 --> 00:49:10.978
appreciate what you've done. I thank you very much.

1018
00:49:11.588 --> 00:49:14.908
I felt in the past that this board has always acted in the best interest of our

1019
00:49:14.948 --> 00:49:18.548
citizens when making decisions. I also felt that we have truly

1020
00:49:18.628 --> 00:49:22.048
represented what a consensus was on a particular issue.

1021
00:49:23.168 --> 00:49:26.968
I do not feel that I have a true pulse of our citizens on this issue.

1022
00:49:27.848 --> 00:49:31.588
I'm not certain how the other CDDs base their decision to

1023
00:49:31.608 --> 00:49:35.308
include RPMs, but I sincerely believe that this

1024
00:49:35.368 --> 00:49:38.748
question deserves more of a collective input than our individual

1025
00:49:38.808 --> 00:49:39.528
experiences.

1026
00:49:40.588 --> 00:49:44.308
I'm therefore requesting the possibility of providing a questionnaire

1027
00:49:44.348 --> 00:49:48.288
opportunity for all the residents of CDD3 and thereby let the

1028
00:49:48.328 --> 00:49:52.188
majority rule. Carrie, do we have a mechanism in place or can we

1029
00:49:52.228 --> 00:49:54.508
come up with something so we can get a better sense of this?

1030
00:49:54.708 --> 00:49:57.887
I don't feel that comfortable in committing this kind of a

1031
00:49:58.308 --> 00:50:00.668
decision for something that's going to have an impact.

1032
00:50:00.708 --> 00:50:02.748
And I might also add something as an aside.

1033
00:50:03.868 --> 00:50:07.768
I travel State Route 44 from Wildwood to the Cove and have

1034
00:50:08.388 --> 00:50:12.188
dinner over there occasionally. And they have these monstrous big white arrows

1035
00:50:12.228 --> 00:50:14.008
indicating what direction you're traveling-

1036
00:50:14.328 --> 00:50:14.338
Yeah

1037
00:50:14.338 --> 00:50:15.488
... like you're blind or something.

1038
00:50:15.748 --> 00:50:19.548
But on every one of them were RPMs, and they would beat the living hell out of your

1039
00:50:19.588 --> 00:50:19.868
tires.

1040
00:50:21.268 --> 00:50:23.988
And I don't care what kind of width you had. Well, guess what?

1041
00:50:24.428 --> 00:50:28.378
There's not a one of them up there anymore. All the RPMs have been taken down.

1042
00:50:28.768 --> 00:50:31.718
I tried to contact FDOT to see why they took them down.

1043
00:50:31.748 --> 00:50:35.548
I think they probably had enough complaints from people saying, "What in the

1044
00:50:35.588 --> 00:50:36.888
world are you doing?" So,

1045
00:50:37.868 --> 00:50:41.607
I really think, in this case, if the citizens in our

1046
00:50:41.708 --> 00:50:45.528
district take a look at this, they've probably been on District V and been on some

1047
00:50:45.568 --> 00:50:49.068
of the ones, and they're saying, "This is a great idea," or "This is a terrible

1048
00:50:49.148 --> 00:50:51.188
idea. Why are we wasting this kind of money?"

1049
00:50:52.648 --> 00:50:56.228
I don't have that sense that I would like to sit here and make a decision

1050
00:50:56.298 --> 00:51:00.148
personally. I don't know about the rest of you, but I would rather have

1051
00:51:00.188 --> 00:51:04.128
some collective input from our citizens and let them make the decision

1052
00:51:04.188 --> 00:51:07.848
on this issue that's tremendous. And not only our citizens I know it

1053
00:51:07.888 --> 00:51:11.188
impacts, but that's who we're representing, and I'd like to know.

1054
00:51:12.268 --> 00:51:16.208
And I think that aligns actually with the memorandum that I sent out, which

1055
00:51:16.268 --> 00:51:20.048
says that you can do it, and in doing that, you take into

1056
00:51:20.088 --> 00:51:23.708
consideration the balanced engineering report with public

1057
00:51:23.808 --> 00:51:27.648
safety, operational considerations, costs, public health, safety, and welfare.

1058
00:51:28.188 --> 00:51:29.058
How do you find that out?

1059
00:51:30.408 --> 00:51:31.728
Just based on what you said.

1060
00:51:31.768 --> 00:51:32.448
Input.

1061
00:51:32.488 --> 00:51:32.628
Right.

1062
00:51:32.688 --> 00:51:34.218
Is there a way of getting that information?

1063
00:51:35.208 --> 00:51:37.788
Unfortunately, we don't have a way of contacting-

1064
00:51:37.968 --> 00:51:37.978
I didn't think so

1065
00:51:37.978 --> 00:51:41.098
... just District 3 residents. What we can do, though,

1066
00:51:41.348 --> 00:51:44.128
is put this item on your agenda

1067
00:51:44.648 --> 00:51:48.468
for a certain meeting and then put

1068
00:51:48.788 --> 00:51:52.708
special notices in your postal station bulletin boards that say you

1069
00:51:52.768 --> 00:51:56.728
are seeking input and feedback on whether or not to install them

1070
00:51:56.768 --> 00:52:00.608
on your multimodal paths and invite them to either come to the meeting

1071
00:52:00.708 --> 00:52:04.528
or we can provide an email address, invite them to send an email to

1072
00:52:04.568 --> 00:52:08.408
provide to the board prior to the meeting, and then

1073
00:52:08.468 --> 00:52:12.408
we can go that route. But we don't have email addresses for

1074
00:52:12.448 --> 00:52:13.948
everybody in District 3.

1075
00:52:14.548 --> 00:52:14.688
Yeah.

1076
00:52:15.228 --> 00:52:17.948
Certainly, we could send a letter, but that would be costly.

1077
00:52:18.088 --> 00:52:18.388
Very.

1078
00:52:19.608 --> 00:52:20.608
I guess

1079
00:52:22.528 --> 00:52:25.108
this is an issue that we've been talking about-

1080
00:52:25.848 --> 00:52:26.038
Long time

1081
00:52:26.068 --> 00:52:26.848
... my very first

1082
00:52:28.288 --> 00:52:32.188
involvement with district government goes back to making a

1083
00:52:32.268 --> 00:52:36.088
statement in front of the VCCDD, Center District,

1084
00:52:36.668 --> 00:52:37.228
about

1085
00:52:38.128 --> 00:52:41.888
golf cart paths. And back then, they were the concrete narrow

1086
00:52:41.968 --> 00:52:45.898
paths that ran through all of north of 466.

1087
00:52:46.488 --> 00:52:48.858
And my comment was that the issue is two things,

1088
00:52:49.388 --> 00:52:51.348
speed and courtesy.

1089
00:52:51.528 --> 00:52:51.698
Mm-hmm.

1090
00:52:51.788 --> 00:52:55.228
Well, it still comes back to speed and courtesy.

1091
00:52:55.768 --> 00:52:59.608
If the individuals who are using the carts, and I'm talking about

1092
00:52:59.768 --> 00:53:00.668
24 years ago-

1093
00:53:01.128 --> 00:53:01.348
Mm-hmm

1094
00:53:01.358 --> 00:53:03.808
... that this was addressed, speed and courtesy.

1095
00:53:04.868 --> 00:53:08.508
If individual drivers, bicyclists, et cetera,

1096
00:53:09.048 --> 00:53:12.548
used a little more courtesy, took a little bit of time and recognized what their

1097
00:53:12.588 --> 00:53:14.968
speed was, the issue would not be there.

1098
00:53:15.088 --> 00:53:18.828
I have difficulty even looking at the possibility of doing

1099
00:53:18.928 --> 00:53:22.208
RPMs based upon the letter that we got from

1100
00:53:22.248 --> 00:53:23.908
Kimley-Horn, May 2nd.

1101
00:53:23.928 --> 00:53:24.748
The research, you mean.

1102
00:53:24.828 --> 00:53:24.958
Hmm?

1103
00:53:25.168 --> 00:53:26.538
The research that they had done.

1104
00:53:26.668 --> 00:53:30.508
Well, but there are statements in here that are even lower key.

1105
00:53:30.608 --> 00:53:34.558
There's a flat-out statement in Kimley-Horn's letter that

1106
00:53:34.608 --> 00:53:38.348
says, "Therefore, we do not

1107
00:53:38.448 --> 00:53:42.308
recommend installing RPMs on the multimodal paths apart from the

1108
00:53:42.348 --> 00:53:46.028
recommendations provided in the areas." But there are some

1109
00:53:46.908 --> 00:53:49.328
minor, they're not minor. I

1110
00:53:50.508 --> 00:53:53.308
see it opening us up to some great liability.

1111
00:53:54.408 --> 00:53:58.228
There's a paragraph in this letter from back in May of 2025,

1112
00:53:58.588 --> 00:54:01.918
"Accessibility design is considered on shared use paths to

1113
00:54:01.988 --> 00:54:05.868
accommodate pedestrians. Due to the fact that nearly

1114
00:54:05.988 --> 00:54:09.548
all shared use paths are used by pedestrians,

1115
00:54:09.928 --> 00:54:13.798
they fall under the accessibility requirements of the Americans with

1116
00:54:13.868 --> 00:54:17.108
Disabilities Act. Under ADA design

1117
00:54:17.208 --> 00:54:20.618
guidelines, paths are required to have

1118
00:54:20.668 --> 00:54:23.748
surfaces free of abrupt level

1119
00:54:23.788 --> 00:54:27.728
changes and are required to have a stable, firm,

1120
00:54:27.788 --> 00:54:31.368
and slip-resistant surface with a minimum clear width of

1121
00:54:31.568 --> 00:54:32.428
36 inches."

1122
00:54:32.768 --> 00:54:32.868
Right.

1123
00:54:32.928 --> 00:54:34.628
That kind of thing.

1124
00:54:36.108 --> 00:54:36.688
Have somebody

1125
00:54:37.628 --> 00:54:39.128
who's handicapped

1126
00:54:41.358 --> 00:54:42.858
Hit one of those and fall.

1127
00:54:43.058 --> 00:54:43.238
Yeah.

1128
00:54:43.498 --> 00:54:45.317
Okay. Morgan and Morgan.

1129
00:54:46.778 --> 00:54:48.658
Yeah, I think the Kimley-Horn

1130
00:54:49.558 --> 00:54:52.698
letter, the research they did and everything, and looking at other places and so

1131
00:54:52.798 --> 00:54:55.958
forth, was very, very good. Very well done.

1132
00:54:56.078 --> 00:54:56.628
Oh, exceptionally so.

1133
00:54:56.658 --> 00:54:56.898
And I

1134
00:54:59.618 --> 00:55:03.518
concur. I think that I'm not in favor of the RPMs.

1135
00:55:04.078 --> 00:55:04.628
I appreciate-

1136
00:55:04.738 --> 00:55:08.118
Only the way that they recommended it on

1137
00:55:10.718 --> 00:55:14.418
sharp corners, and edges, and things where there would be

1138
00:55:14.478 --> 00:55:15.328
safety issues,

1139
00:55:16.318 --> 00:55:20.148
and we've done that. So I think we've done what needs to be done with regards to

1140
00:55:20.158 --> 00:55:20.738
the RPMs.

1141
00:55:20.798 --> 00:55:23.588
And I appreciate what Supervisor Biddle was saying about-

1142
00:55:23.598 --> 00:55:24.018
Yeah, me too

1143
00:55:24.098 --> 00:55:28.018
... knowing the will or determination of the people,

1144
00:55:28.118 --> 00:55:32.078
but this is one of those cases of, as representative government, they elected

1145
00:55:32.158 --> 00:55:33.598
us to make some of these decisions.

1146
00:55:33.638 --> 00:55:37.558
And I think the decision that we have made thus far is in

1147
00:55:37.598 --> 00:55:39.798
the best interests of the community.

1148
00:55:40.198 --> 00:55:43.847
I don't want to face a million-dollar lawsuit because somebody fell and

1149
00:55:44.218 --> 00:55:46.878
has a permanent injury who is already injured.

1150
00:55:47.618 --> 00:55:48.698
I think

1151
00:55:49.638 --> 00:55:53.498
I spent 12 years in public safety, and I have a good

1152
00:55:53.578 --> 00:55:57.118
idea of the accident rates on the paths, and

1153
00:55:57.218 --> 00:56:00.718
almost every accident that we dealt with

1154
00:56:01.918 --> 00:56:03.878
had to do with speed

1155
00:56:04.958 --> 00:56:07.398
and courtesy. Probably the worst accident

1156
00:56:07.458 --> 00:56:10.538
has to go back to about

1157
00:56:10.698 --> 00:56:11.858
2005.

1158
00:56:12.998 --> 00:56:16.638
Young man who shouldn't have been driving a golf cart in the first place and

1159
00:56:16.718 --> 00:56:19.878
shouldn't have had the cart that he had, was a Wii, which was

1160
00:56:19.938 --> 00:56:22.918
manufactured by Ford Motors. Big cart.

1161
00:56:23.558 --> 00:56:27.158
Probably doing 30 miles an hour, coming around a curve, and ran

1162
00:56:27.318 --> 00:56:29.238
head-on into another golf cart.

1163
00:56:29.358 --> 00:56:29.658
Right.

1164
00:56:30.298 --> 00:56:30.678
Speed,

1165
00:56:31.718 --> 00:56:35.658
and this kid had no idea of courtesy, and the couple in the golf

1166
00:56:35.718 --> 00:56:39.638
cart were very severely injured and spent a long time in

1167
00:56:39.678 --> 00:56:41.318
recuperation. And

1168
00:56:42.198 --> 00:56:43.798
fortunately, because

1169
00:56:44.878 --> 00:56:48.138
it was back before any of the renovations were done on the paths,

1170
00:56:48.758 --> 00:56:51.178
we didn't wind up being sued, but we wound up

1171
00:56:52.237 --> 00:56:54.978
in a situation where it came close.

1172
00:56:55.678 --> 00:56:59.318
And I'd like to know the will

1173
00:56:59.378 --> 00:57:01.527
also, but I believe that as representatives-

1174
00:57:01.578 --> 00:57:05.438
Well, I was kind of hoping that we would have a nice, convenient out with

1175
00:57:05.478 --> 00:57:09.378
what Mark was going to say, that in his legal opinion, that he

1176
00:57:09.398 --> 00:57:12.198
would concur that kind of thing. But yet there was another

1177
00:57:13.098 --> 00:57:16.448
engineering study after the one that they did, the original one that we've been

1178
00:57:16.498 --> 00:57:17.758
hanging our hat on all these years.

1179
00:57:18.118 --> 00:57:22.058
And they talk about consistency, and I'm seeing

1180
00:57:22.258 --> 00:57:25.458
district after district, after district after district, putting that thing in.

1181
00:57:25.518 --> 00:57:29.238
All I'm saying is, I don't want our citizens showing up in mass here

1182
00:57:29.338 --> 00:57:31.258
someday and wondering, "Why in the hell didn't you guys do this?

1183
00:57:31.518 --> 00:57:33.158
Everybody else is doing it," kind of a thing.

1184
00:57:33.218 --> 00:57:35.078
Not that we should fall in line with that.

1185
00:57:35.118 --> 00:57:38.908
And I typically agree completely, Gail, that I don't want

1186
00:57:38.918 --> 00:57:40.958
to wind up on the wrong end of a lawsuit, but I

1187
00:57:41.798 --> 00:57:45.778
think that Mark's legal opinion here on this thing kind of

1188
00:57:45.838 --> 00:57:49.778
made it so that we can make a decision, so if we're comfortable

1189
00:57:49.818 --> 00:57:51.688
in making the decision on behalf of them.

1190
00:57:51.758 --> 00:57:55.658
All I was stating was I did not feel comfortable in having a pulse

1191
00:57:55.678 --> 00:57:59.208
of the people and what they would want, and if we can

1192
00:57:59.838 --> 00:58:03.118
talk to them and say, "Well, we didn't do it because we don't want you and our

1193
00:58:03.188 --> 00:58:05.527
district to get sued, and that's why we didn't do it.

1194
00:58:05.558 --> 00:58:08.978
If the other districts want to subject themselves to that, so be it, but we're not

1195
00:58:08.998 --> 00:58:10.498
going to do that." And that's fine with me.

1196
00:58:10.598 --> 00:58:14.478
I'm just saying I would've felt better in giving a yay or a nay on this thing

1197
00:58:14.518 --> 00:58:17.178
if I would've felt that we really had their collective input.

1198
00:58:17.518 --> 00:58:21.038
So even though there may have been another study, and there was.

1199
00:58:21.188 --> 00:58:21.188
There was.

1200
00:58:21.478 --> 00:58:22.178
There've been several

1201
00:58:23.058 --> 00:58:23.738
studies since.

1202
00:58:25.258 --> 00:58:26.578
Issues like the ADA

1203
00:58:27.838 --> 00:58:28.658
haven't changed.

1204
00:58:29.138 --> 00:58:29.498
No.

1205
00:58:29.558 --> 00:58:31.098
That position from the ADA

1206
00:58:31.938 --> 00:58:33.158
is still there, and

1207
00:58:34.018 --> 00:58:37.958
look, I came in here in a scooter, and

1208
00:58:39.138 --> 00:58:42.538
I'm not about to be using the golf cart path or the

1209
00:58:42.738 --> 00:58:44.018
multimodal path

1210
00:58:44.858 --> 00:58:45.718
to take a walk.

1211
00:58:46.258 --> 00:58:46.348
Right.

1212
00:58:46.458 --> 00:58:47.898
I'm not taking a walk anywhere.

1213
00:58:49.258 --> 00:58:49.668
You can take that.

1214
00:58:49.738 --> 00:58:52.418
But I don't want to put the ADA, the individuals who

1215
00:58:52.538 --> 00:58:56.478
do choose to use it... And

1216
00:58:56.518 --> 00:58:59.857
I've seen people out there walking the path with their walkers.

1217
00:59:00.558 --> 00:59:04.238
More power to them. Hey, that's what this place is all about.

1218
00:59:04.318 --> 00:59:06.538
Live life to the fullest until the end.

1219
00:59:07.238 --> 00:59:08.078
Mark, you were going to say something?

1220
00:59:08.338 --> 00:59:10.778
Yeah. So no, I was just going to say, obviously, you know that

1221
00:59:12.078 --> 00:59:15.538
you can get sued either way. You get sued because you don't have them, you get sued

1222
00:59:15.578 --> 00:59:16.718
because you do have them.

1223
00:59:17.878 --> 00:59:21.738
The question is, you need to balance it out, the engineering side

1224
00:59:21.818 --> 00:59:25.638
of it versus the safety considerations and the considerations of what the public

1225
00:59:25.678 --> 00:59:29.238
have experienced. So I don't see anything wrong, obviously, with what

1226
00:59:29.278 --> 00:59:31.578
Supervisor Biddle said, and I understand your side as well.

1227
00:59:31.678 --> 00:59:32.638
At the end of the day,

1228
00:59:33.598 --> 00:59:35.178
we get sued because we don't have them.

1229
00:59:35.558 --> 00:59:38.538
We use the engineering report as our evidence as to why we didn't do it.

1230
00:59:38.958 --> 00:59:40.938
We get sued because we do have them.

1231
00:59:41.038 --> 00:59:44.378
We use the legislative findings you make as a board for

1232
00:59:45.218 --> 00:59:48.598
the safety and the health and the welfare of your residents as our defense for

1233
00:59:48.618 --> 00:59:48.928
doing it.

1234
00:59:49.758 --> 00:59:51.878
I don't think there's anything in any of those

1235
00:59:52.798 --> 00:59:56.718
Kimley-Horn reports that said doing it would violate any

1236
00:59:56.758 --> 01:00:00.578
laws. It didn't say it would violate the MUTCD.

1237
01:00:01.658 --> 01:00:03.078
It didn't say it would violate anything.

1238
01:00:03.168 --> 01:00:05.438
They looked at it from an engineering perspective.

1239
01:00:06.258 --> 01:00:07.958
I have to look at it from a legal perspective.

1240
01:00:08.058 --> 01:00:11.588
You have to look at it from a policy perspective and make your

1241
01:00:11.588 --> 01:00:12.098
decision.

1242
01:00:12.138 --> 01:00:12.508
And a safety perspective.

1243
01:00:12.508 --> 01:00:13.798
And either way, you

1244
01:00:15.078 --> 01:00:16.898
have defenses, is what I'm trying to say.

1245
01:00:16.978 --> 01:00:20.758
And you can do it, but if you elect to do it, you should

1246
01:00:20.798 --> 01:00:24.218
make findings as to why you're doing it based on the

1247
01:00:24.318 --> 01:00:26.318
safety and the health and the welfare,

1248
01:00:27.158 --> 01:00:30.378
and other policy considerations as to why you're doing it.

1249
01:00:30.618 --> 01:00:31.308
But you certainly have that.

1250
01:00:31.308 --> 01:00:32.338
Well, I like the ADA argument.

1251
01:00:33.378 --> 01:00:35.478
That's a good one to hang your hat on right there.

1252
01:00:35.738 --> 01:00:39.258
Because we've even allotted for U-shaped driveways

1253
01:00:39.778 --> 01:00:41.948
because it would be in compliance with the ADA.

1254
01:00:42.038 --> 01:00:42.258
Right.

1255
01:00:42.298 --> 01:00:45.858
So I don't want to go against anything that's going to jeopardize that kind of

1256
01:00:45.898 --> 01:00:49.578
thing, which makes it a lot easier for us to sit here and make a decision, far as

1257
01:00:49.658 --> 01:00:49.808
I'm concerned.

1258
01:00:50.418 --> 01:00:52.488
Yeah. I guess the next question is,

1259
01:00:53.498 --> 01:00:57.258
do you want to look at it further? Because again, I don't think those reports say

1260
01:00:57.298 --> 01:00:59.677
it violates the ADA. Do you even want to look at that?

1261
01:00:59.788 --> 01:01:03.148
Are you comfortable saying, "Look, I think we've got enough information now to say

1262
01:01:03.778 --> 01:01:06.558
we don't want to proceed." And that's certainly, again, a board decision.

1263
01:01:07.218 --> 01:01:10.418
Taking your stand, and I understand this, and I agree with it.

1264
01:01:10.738 --> 01:01:13.738
We can be sued for not having them. We can be sued for having them.

1265
01:01:13.858 --> 01:01:14.038
Sure.

1266
01:01:14.138 --> 01:01:18.118
Either way. But I do believe, and I'm not an attorney, but I would have

1267
01:01:18.158 --> 01:01:21.978
to say that I believe we would stand a much better chance of defending

1268
01:01:22.018 --> 01:01:24.538
ourself in that case if we got sued for

1269
01:01:25.518 --> 01:01:29.418
not having them. This letter is fairly definitive

1270
01:01:29.498 --> 01:01:30.838
and also talks about

1271
01:01:31.918 --> 01:01:35.478
sections from the MUTCD that do

1272
01:01:35.598 --> 01:01:35.977
not

1273
01:01:37.278 --> 01:01:39.418
endorse the idea of raised pavement markers.

1274
01:01:39.828 --> 01:01:43.678
So I think we stand a better chance of defending ourself

1275
01:01:43.718 --> 01:01:46.568
with the position that we've taken currently than

1276
01:01:46.658 --> 01:01:49.078
if we put them in.

1277
01:01:49.358 --> 01:01:50.358
Yeah. Okay.

1278
01:01:51.538 --> 01:01:51.758
All right.

1279
01:01:53.238 --> 01:01:55.418
Over this item. If not, we'll move on to the next.

1280
01:01:57.398 --> 01:02:01.058
Yes, sir. The following two items, the first was to

1281
01:02:01.138 --> 01:02:01.838
determine

1282
01:02:02.858 --> 01:02:06.598
who was responsible for the pole that was in the Buena Vista Boulevard

1283
01:02:07.058 --> 01:02:10.958
roundabout. That is the responsibility of SECO, and we did make sure that they were

1284
01:02:10.998 --> 01:02:11.358
aware.

1285
01:02:11.938 --> 01:02:13.698
Who was it the responsibility of?

1286
01:02:13.878 --> 01:02:14.158
SECO.

1287
01:02:14.238 --> 01:02:14.538
SECO.

1288
01:02:14.738 --> 01:02:15.098
SECO.

1289
01:02:15.298 --> 01:02:15.398
Yeah.

1290
01:02:15.498 --> 01:02:18.598
Are they responsible for paying for the replacements as well?

1291
01:02:18.778 --> 01:02:19.338
Yes.

1292
01:02:19.418 --> 01:02:19.698
Okay.

1293
01:02:20.978 --> 01:02:21.208
And then-

1294
01:02:21.248 --> 01:02:21.918
That answers a question.

1295
01:02:22.218 --> 01:02:22.468
Yes, sir.

1296
01:02:22.468 --> 01:02:23.298
I can stop saying.

1297
01:02:23.898 --> 01:02:27.358
Yes. As soon as we get a timeframe from Sumter County, we will provide it to the

1298
01:02:27.398 --> 01:02:27.677
board.

1299
01:02:28.038 --> 01:02:28.298
Okay.

1300
01:02:30.418 --> 01:02:33.998
Yeah, I notice I keep looking when I go by, nothing going on there.

1301
01:02:37.738 --> 01:02:38.238
So,

1302
01:02:39.518 --> 01:02:42.698
let's see. Oops, I got to go back here.

1303
01:02:49.838 --> 01:02:52.438
Informational items only now, right?

1304
01:02:53.458 --> 01:02:57.418
Yep. And staff is happy to answer any questions on items A through D

1305
01:02:57.658 --> 01:02:59.558
if any supervisor would like us to.

1306
01:03:00.278 --> 01:03:03.998
Financial statements, district property management monthly reports, SECO LED

1307
01:03:04.018 --> 01:03:07.598
lighting transition. I've seen the letters and

1308
01:03:07.638 --> 01:03:10.638
information about that. Oh, ambulance in the

1309
01:03:11.478 --> 01:03:12.058
parking lot.

1310
01:03:13.778 --> 01:03:14.158
Ooh.

1311
01:03:17.418 --> 01:03:19.418
And the CD3 public hearing updates.

1312
01:03:20.878 --> 01:03:22.038
Anything regarding any of them?

1313
01:03:23.078 --> 01:03:23.478
I'm sorry?

1314
01:03:24.398 --> 01:03:24.578
No.

1315
01:03:26.678 --> 01:03:27.038
Okay.

1316
01:03:29.578 --> 01:03:30.778
District manager reports.

1317
01:03:31.178 --> 01:03:31.338
Yep.

1318
01:03:31.398 --> 01:03:32.578
AC, info on that?

1319
01:03:32.818 --> 01:03:36.278
Yep. I'm just happy to answer any questions if you have on the Amenity Authority

1320
01:03:36.358 --> 01:03:36.998
Committee meeting.

1321
01:03:37.438 --> 01:03:40.178
Yeah, I read them all online, so it's pretty obvious.

1322
01:03:41.418 --> 01:03:42.538
The district council reports.

1323
01:03:42.718 --> 01:03:45.618
Just one report, your 2026 legislative update.

1324
01:03:45.758 --> 01:03:49.278
Chapter 2026-164 Florida Laws was passed.

1325
01:03:49.848 --> 01:03:53.668
And what that does is creates Section 190.0071,

1326
01:03:53.738 --> 01:03:57.698
establishing recall procedures for elected officials and elected supervisors.

1327
01:03:58.478 --> 01:04:02.158
Amends Section 190.006, making elected

1328
01:04:02.198 --> 01:04:04.458
supervisors subject to the new recall procedures.

1329
01:04:05.618 --> 01:04:09.438
Revises the definition of compact urban mixed-use district in Section

1330
01:04:09.638 --> 01:04:13.218
190.003. And finally, it clarifies that the

1331
01:04:13.278 --> 01:04:16.838
synthetic turf preemption does not restrict the CDD from enforcing deed

1332
01:04:16.878 --> 01:04:20.278
restrictions. I think that's one of the more critical pieces of that

1333
01:04:20.318 --> 01:04:23.678
legislation, because as you know, there were lots of questions when they

1334
01:04:23.778 --> 01:04:26.998
passed the prior legislation that was going to preempt

1335
01:04:27.038 --> 01:04:30.398
any entity from prohibiting the use of synthetic turf.

1336
01:04:30.478 --> 01:04:33.458
Well, now they've removed CDDs from there, so it's status quo.

1337
01:04:33.527 --> 01:04:37.418
We can continue to enforce our deed restrictions as they relate to the

1338
01:04:37.478 --> 01:04:38.558
use of synthetic turf.

1339
01:04:39.598 --> 01:04:43.378
Then finally, House Bill 145 was a bill that sought to increase the

1340
01:04:43.438 --> 01:04:45.458
governmental sovereign immunity limits.

1341
01:04:46.138 --> 01:04:48.498
That was vetoed, so that's status quo as well.

1342
01:04:49.218 --> 01:04:52.498
We still have the same caps as we've had in the past with regard to liability.

1343
01:04:53.238 --> 01:04:53.938
Any questions?

1344
01:04:55.778 --> 01:04:56.758
And that's my only report.

1345
01:04:57.158 --> 01:05:00.598
Okay. Supervisor comments. Terry? None. D**k?

1346
01:05:00.898 --> 01:05:01.098
Nope.

1347
01:05:02.058 --> 01:05:05.778
Gil? I just have a question. I should've jumped on this earlier with DPM, and this

1348
01:05:05.818 --> 01:05:07.157
is tongue in cheek. I'm not

1349
01:05:09.238 --> 01:05:13.198
interested in pushing this, but in the DPM report, the

1350
01:05:15.958 --> 01:05:19.038
picture, they talk about the entrance sign being

1351
01:05:19.058 --> 01:05:22.338
replaced with the area for the Glenbrook and Bel Aire.

1352
01:05:23.098 --> 01:05:26.758
This also has Harmswood. Harmswood isn't ours. Are they sharing?

1353
01:05:26.818 --> 01:05:28.418
That's why I say it's tongue in cheek.

1354
01:05:28.458 --> 01:05:32.338
It may only be a matter of a couple of dollars, but we went around the block

1355
01:05:32.398 --> 01:05:36.338
over who belonged to Harmswood in the first place, and we

1356
01:05:36.918 --> 01:05:40.758
got Summer Chase, and District 2

1357
01:05:40.818 --> 01:05:41.658
got Harmswood.

1358
01:05:42.558 --> 01:05:45.958
We thought it was the other way around, and we'd been paying for Harmswood's stuff

1359
01:05:45.998 --> 01:05:49.898
for a long time, and we made a trade-off, and

1360
01:05:49.918 --> 01:05:53.708
there was some money, but the sign, did District 2 share the

1361
01:05:53.758 --> 01:05:54.118
cost?

1362
01:05:55.478 --> 01:05:58.498
It's tongue in cheek. Mike's coming.

1363
01:05:58.538 --> 01:06:00.838
I could probably pull the paperwork out of my pocket,

1364
01:06:02.638 --> 01:06:04.678
but...

1365
01:06:05.438 --> 01:06:07.188
Morning, Mike Harris, district property management.

1366
01:06:07.698 --> 01:06:11.588
I believe that was just a mistake. They go and take pictures

1367
01:06:11.638 --> 01:06:15.038
of all the projects. I think we just cut and paste the wrong-

1368
01:06:15.378 --> 01:06:15.678
Well.

1369
01:06:15.778 --> 01:06:16.358
Picture in there.

1370
01:06:16.378 --> 01:06:16.538
Okay.

1371
01:06:17.018 --> 01:06:17.598
But I will-

1372
01:06:17.958 --> 01:06:18.478
We'll make sure

1373
01:06:18.578 --> 01:06:19.278
... make sure.

1374
01:06:19.618 --> 01:06:22.258
See, to me, it goes back to issues with...

1375
01:06:22.718 --> 01:06:26.338
I raised the same issue with one of the entry signs for District

1376
01:06:26.458 --> 01:06:30.218
3 on 466. Mm-hmm. And it had also a nice

1377
01:06:30.298 --> 01:06:34.178
big portion for New Covenant United Methodist

1378
01:06:34.258 --> 01:06:37.898
Church. Well, I don't wish to pay to advertise for New Covenant

1379
01:06:37.978 --> 01:06:39.978
United Methodist. Same thing here.

1380
01:06:40.078 --> 01:06:43.598
If District 2 wants Harmswood, they should pay for it. Yeah.

1381
01:06:43.618 --> 01:06:43.858
They should.

1382
01:06:44.678 --> 01:06:48.458
That's all. Tongue in cheek. Okay. Anything else?

1383
01:06:48.938 --> 01:06:49.138
Nope.

1384
01:06:51.158 --> 01:06:52.258
Is your tongue out of your cheek?

1385
01:06:53.198 --> 01:06:57.178
Yep. I'll move to adjourn. Okay. I have no

1386
01:06:57.278 --> 01:07:00.238
comments. So do we have a motion to adjourn? Move to adjourn. Second?

1387
01:07:00.958 --> 01:07:02.638
All in favor? Aye.

1388
01:07:02.667 --> 01:07:02.667
Aye.

1389
01:07:02.878 --> 01:07:04.138
None opposed. Thank you very much.