Village Council - workshop

We are now. Alright. Let's call to order this meeting of the village council agenda review for Monday, February 9. Mister Barnes, you gave us a very fat binder today, so let's run through it.

You got it. So first presentations and proclamations.

The first issue item is the Acme?

No, was going talk about that when we actually have the CDD item since it's related to that. It's not on this agenda anyway. Anyway, back to what I was saying, presentations and proclamations. First item is presentation by PAC one hundred twenty five, it's an annual throw down invitation for the Pinewood Derby and throwing out a challenge as well to fire rescue and PBS. So, we'll have representatives from PAC one hundred twenty five here. And secondly is a presentation of the Bicycle Friendly Community Award from the League of American Bicyclists for a Bronze Award Presentation. And Mr. Stilings will have a representative here from the bicycle community to accept that and also just present some information on that particular designation and award.

Okay.

Going to the consent agenda, of course if you have any comments on the minutes that are attached, just get those to the Village Clerk's Office so we can make any adjustments if necessary. First, item authorization to continue using a City Of Plano, Texas contract as a basis for pricing for utility bill printing and mailing services.

Yes, so the utility currently uses DataPros for utility billing and mailing service via a piggyback contract from the City of Plano. DataPros is an excellent vendor. We have no issues with them. As such, SDAF is seeking approval for authorization to continue to utilize this new contract for $179,430 So this covers about $159,000 in postage. There's a pass through increase of about $10,000 from last year, and $20,000 in actual billing cost, which is unchanged from last year. So staff is recommending approval of this item for utility billing.

Are we still sending out as many hard copy utility bills? Have more people transitioned to e bills? Are still about holding even on

I think we're still sending out quite a

few. Any

questions? We've been using Plano, Texas for A long long time.

All right. Next item is authorization. Can you use a city of Boynton Beach contract as a basis for pricing with Devlin site development and utilities for lime sludge hauling and disposal services?

All right.

So as counsel knows, we own and operate a lime softening plant, which is currently being phased out. The lime plant makes lime sludge, which we store at the plant and we do have to haul it off periodically. So we utilize this service through a City of Boynton Beach contract with Site Paving and Utilities for $19.98 a cubic yard with no proposed increases this year. The vendor is providing good services and we have no issues continuing. We do believe this is the best available price. Staff So is recommending approval of this piggyback contract for sludge hauling for a total of $120,000

Any questions on the item?

Thank you. This is the next item, which is authorization first to award a contract for the AMI technology package and meter installation services as part of the cellular advanced metering infrastructure project. And secondly, to execute a task order to provide construction phase services. And lastly not lastly, thirdly, execute a task order to provide program management services. Also execute a task order to provide support services for construction phase. And lastly, authorize an owner controlled overall project contingency of $400,000

All right, I'll get started. I do have a few slides just due to the size of the project, and we've been working several years on this project, as counsel knows. We did a full workshop on the system in November 2023, and we've provided various updates along the way during various approvals. So some of this information has been presented before, but we did want to do a refresher for everyone and an overview for anyone not familiar with the project. So Wellington, we last did a system wide meter replacement in 2009.

We currently use what's known as an AMR system, which stands for Automated Meter Reading, also known as a drive by system. So every month our meter readers drive over Wellington to get a reading, and those monthly readings are used to generate a monthly bill. The majority of our meters right now are coming up on 17 years old at the end of their useful life. Meter life can vary on individual meters, but it's you typically see a decline in the twelve to fifteen year range, and then steeper declines in performance during the fifteen to twenty year range. So we need a replacement system.

The type of replacement system and the type of meter were very big decisions for our department. Our staff has extensively workshopped and analyzed the different systems that are available. For the replacement system, the utility is recommending we move forward with a cellular AMI system.

When you say under registration, you mean that some meters aren't being read properly, so we're not properly or not collecting enough? What does that mean under registration cost?

So it means that they are recording less water than they're actually than that is actually being consumed. So when meters decline, they don't fortunately, they don't decline. They don't over register, they tend to under register. So over time, you just kind of see that drop. Cellular AMI.

AMI stands for Advanced Meter Infrastructure. This eliminates the monthly drive by reading. An AMI meter works over the cellular network, sending reads every few hours. Essentially, the utility and eventually the customer have access to real time data instead of once a month. So this opens a lot of doors in terms of data we can access to monitor the system, how it's operating in terms of flow and pressure and water loss.

It also expands the information available to the customer. So in an AMI system, it's pretty typical for the customer to be able to set alarms if the billing or water usage exceed a certain threshold, or if it detects usage that looks like a leak, like a continuous pattern of usage. So a customer platform for these types of features will be developed as a later part of the project.

So this gives a lot more feedback to the customers on their own water usage? It does. Does.

So it's advantageous. As mentioned, the customer can be better informed of their usage and they can avoid high bills. It's very good for water conservation. And on our side, we can see what's happening in the system, manage water age, and have more information available to us in emergencies. So for the contracts being awarded today, for the two out of the five, we put out two formal RFPs.

Three companies provided a response for component one, what we call the technology package. This is essentially the purchase of all the materials, all the actual meters. And three companies also provided a response for Component two, the meter installation package. This is for the contractor that will do the actual installation of the roughly 18,000 meters in the ground. So the RFP contains certain criteria that each vendor had to submit.

This included qualifications, a project approach, warranties, references, and they were required to answer an extensive list of questions for the committee to evaluate. The selection committee recommended Badger Meter for Component one for the purchase of the 18,000 meters. Badger is our current vendor. The selection committee also recommended we proceed with formal interviews for Component two, which led to the selection of RTS Water Solutions for the installation contract. So the requested authorizations for today. There's an award to Badger Meter for about $5,100,000.

That's how many meters?

That's about 18,000 meters, comes out to about two eighty a meter. So this is for the meter materials as well as support from Badger for the integration component. The second contract is to RTS Water Solutions as mentioned for $1,784,141.51 That's for the actual installation of the meters. There's an award to Keshavarz and Associates for about $163,000 This is kind of the boots on the ground field installation oversight. We will be working near people's homes, near their property lines, so we want to make sure that we have somebody on staff following up and making sure things get cleaned up like they should be.

We have another authorization for e source companies, who's actually they're on the line if there's any questions. So they are our overall METER Program Management consultant. They will also be working with us on construction administration and integrations. So there's a lot of the billing system, the meter installer and their work order system, Badger, all those components have to talk to each other and it's a significant amount of work.

Is that a one time fee to get it up and running or is that a

continuous Yes, it's essentially a one time fee to get it up and running for eSource. There's continuous fees I think with Badger to keep their operating platform up, but this is the setup of the system, as well as the program management and some business design because it does kind of change how we do things. The fifth one is for Holtz Consulting, 98,000. They are our state. This project, as we've mentioned in the past, is funded with state revolving loan funds, so they are a consultant for that. That does involve quite a bit of paperwork. And lastly, we're requesting an overall project contingency for $400,000 to supplement any emergencies we might have.

And what's the projected timeline and rollout of this project? I'm wondering I was going want to know. Like, The thousand meters is going to be not a month long project. How long are we going take?

The construction phase for the installation contractor, their contract time is three thirty days. But that starts when they have the meter. So right now the meter lead time is looking at a couple months, which was much less than we'd been projecting a year or two ago. Meters were pretty far out. So I think we're looking at a year to eighteen months to kind of get this installed. Totally? Totally, yes.

Okay. It's faster than I thought. Okay.

Yes, it was faster than we initially reported because a couple years ago, meter lead times were significantly more. That's not what we're being told at the moment. So

to use my favorite phrase, walk me through how the state revolving loan fund money comes in and gets paid back and how we cover the entire cost of this internal to the utility item. I assume that's what we're talking about, right? There's no money coming out of the general fund for this?

Correct. So it's been fully approved, in fact, more than what we are authorizing today has been approved as the state revolving loan fund amount. But then once this is awarded, we'll provide that information to them. And it's a reimbursement process that we go through as the work is done that we submit to them. And there's all sorts of quarterly reporting where we submit for the So we

submit to them. They pay. That then serves as loan fund money that we take at this very reduced interest rate. Right. Go to the paying back part.

Well, our debt, I think the payments start in 2028 for the repayment of this at this time.

So it'll be after the project is done?

Correct.

And then that'll be incorporated into

Into the budget.

Regular to the to the water and wastewater budget, and it'll be paid back essentially When we approve people's monthly utility

It'll be included in the budget. When we approve the state revolving loan fund documents, there were two times, we already know what the payment amount is, but it will actually be less at this point, it looks like, because the overall amount of the project is less than what we initially applied for. We'll see how it goes. We've got to get through the project first, but we already know what the payments will be based on what they've awarded.

Those dollars were also factored into their actual rate study on which we've established our five year rate schedule. So it's a factor

of a rate increase.

But are we using any money that's in the reserve that we've been raising the amount of to cover some of these kinds of things, are we have we saved up any portion of this up till now?

So it is a a reimbursement. So we will be make paying and then they reimbursement for the reimburse for those. So, yes.

Didn't follow that at all. So talking about we've we've we've we have systematically, if you look

We build our reserves.

A chart the other day in an email of of rates for the water and wastewater and utility have gone up to prepare for all of these things we're doing. Right? Correct. The the change to RO and all of that kind of thing has all been built in Yes. For many years. We've been talking about this before Ms.

Nothing new.

Back through Ms. LaRocce the entire this has been a long standing

Nothing new.

Investment in the utility. Correct. What I want to know is, is there any when we start the paying back to the State Revolving Loan Fund, is any of that coming out of money that we currently have accrued in reserves, or will that be new money at that time?

I'm gonna say part of it will be reserves, John, because we have reserves in the utility, and they are increasing some. That's the purpose of the rate study so that we have that. So some portion

That's what I want residents to know. Right.

So it is planned, and so, yes. But then from that, it is incorporated in the budget. So I'd say, yes.

It's gonna be both all of that is how we're gonna be able to Correct. Pay this

Mhmm.

Any other questions? You remember,

there there's this allegation out there. It's a current allegation in the election that we don't do any budgeting and that we don't do any auditing, both of which are fundamentally false. They're they would be legal, both of them. Correct. And so I think it's very important that when we talk about these items, that we're very clear

Mhmm.

That this is being being done based on things like rate studies, systematic planning over a decade.

And we've talked about this project for three plus years.

Wastewater budget for years Correct. And see that how we get to here. This is not just

Nothing new. Nothing new.

And it's all important information.

And we

can ask for it and see it.

And we've discussed it for years, this project as well as the funding of it that we started that.

We've visioning. We've had workshops. We've had

The rate studies, everything.

And to put a point on everything, anything in the water and wastewater utility is paid for by

The users.

Impact fees, rate payers, no ad valorem tax dollars go to fund that utility. That is set up as an enterprise fund that is separate and that's why we have the rate studies and everything is done according to those rate studies including the five and ten year projections.

Self funded.

Paids for itself.

That's correct.

Well, doesn't pay for it. I mean, we pay for Right.

But it's a self sustaining

It's not supported by ad valorem tax dollars. Right. Strictly rate payers and the connection fees and impact fees for new projects. Similarly, rate payers do not pay for new projects. Those are paid for by those individual projects. That's another clarification that's important to make.

Say it again.

Rate payers, John McGovern, Michael, anybody who lives in Wellington who is current customer is not paying for a new project when a new project comes online. That developer or respective builder is the one that's paying for that new project. So the rate payers do not pay for that for the for the cost of the additional utility whether it's a utility extension, do new meters, etcetera. Those are paid for by the actual development. Growth in that case actually pays for itself.

Right. So if we add however many meters, how many however many connections, however many whatever

Those are paid for by the builder and developer.

And paid in full at that point in time.

That's correct.

And and again, let's also be clear. When we say this is not foreign tax dollars, As it applies to auditing and budgeting, all of our money, no matter where it is, is audited and budgeted. Correct.

Are required by the Florida statute to do one thing.

Or the water utility or any other fund that we have.

I look at it all.

By an outside entity.

Correct. We have independent auditors. Right.

Let's also add that we do also win a lot of awards for doing.

Oh, for the transparency in

this Yes, for the transparency. Let's, you know, let's add that in there too. You.

All right. Well, before we jump to the next item and leave utility world, I'd like to invite the captain to come up so that she can introduce the new executive officer for District 8 at this time.

Okay, because it fits in between the utilities?

Well, yeah, I should have done it at the beginning of the meeting. I'm not straight.

I should

have done it at beginning of the meeting, but you know what? It's a good public safety break.

Okay. I'm not gonna make you do anything. This is Lieutenant Barry Staats. He's going to be new to our district effective February 12. But since we were here tonight, just wanted to bring him in a little bit prematurely. He will also be attending the village council meeting tomorrow. He was a West Region Bureau watch commander, so he is very familiar with the West Region. And when we get some additional time, I'll have him do a more thorough introduction. But welcome, Barry.

Welcome aboard. It's good

stage. And welcome,

and thank you for coming.

Right. Back to our regularly scheduled programming. Next item is authorization to utilize the source of all contracts as a basis for pricing for the Village Park gym scoreboard replacement project.

Okay, I'll jump on this one. So we are seeking authorization to utilize a source well contract to replace the scoreboards at Village Park gymnasium. That would be all the scoreboards. The existing scoreboards are from approximately twenty years old, they're the original ones that were installed. We're looking to replace all of them at a cost of $71,809.88 and if you turn over to page 147 that's kind of a glance of what they're going to look like.

It's just pretty standard scoreboard page 147. And at this point the issue that we're coming across obviously since current scoreboards are so old, parts are a problem, getting them fixed, corrected, replaced and so forth is getting very challenging. So we're seeking authorization to replace all the scoreboards at this time.

These don't look like they're very technologically 10. Mean, they look like just scoreboards, right? 10 scoreboards.

And what happens is the last two or three years, it's really been a struggle to keep them going because of the parts. They're just obsolete now. Some of them are 25 years old. So Yeah. It's time.

So 10 of them are gonna be replaced, and they're gonna be still just standard school boards. Are there any features that we should be adding here that, you mean, in a penny wise and pound foolish sort of way? Is there anything we're not doing that we should be doing?

Parks and Rec looked at it, and they're okay with what we picked.

So With what we picked here.

Because this is all we really need. Yeah.

Okay. Okay. Their LED scoreboards, wireless controls, includes the scores tables and associated equipment and installation so it's everything that Parks and Rec says they needed.

Alright. Brings to the next item which is authorization to renew an existing contract to provide aquatic vegetation control services for our canals and lakes.

Yeah. Back in 2023, council awarded a three year contract to Kerner LLC to provide aquatic vegetation control services throughout the villages canals and lake areas. We are seeking authorization to exercise the first annual renewal option with Kerner to continue providing such services and the total amount is $487,562

Is this a chemical or

mechanical process that this company does? He does more chemical than he does mechanical, but he can do mechanical if we really needed it.

Okay. We have the equipment to do mechanical on our own.

We do we do some of it, but he's the main he does most of it for us Okay. When needed. But we really haven't because of the spraying. The spraying has been pretty good. Dry.

Any questions?

All right. The next item is authorization to utilize the City of Dania Beach contract as a basis for pricing for investment management services.

This is a renewal with our public trust advisors investment management services. And the good news is it is 2% savings from our current annual contract. We're very happy with the service they have provided us and request this renewal.

So we're keeping the same advisors but at a lower rate?

Correct.

And we're happy with our advisors? Yes. And we're happy with the rate?

Correct. Any questions?

Okay. That's a good deal.

Pretty sensible.

Next item is Resolution twenty twenty six-six which is Voter Processing Equipment and Use Election Services Agreement with the Palm Beach County Supervisor of Elections.

This is our agreement that she sends to us each year for our election cycle, so every two years. It went up a little bit as it does for each election cycle, so you'll notice some of the pricing for the poll workers went up. The biggest part of our invoice The

cost of mail has gone up?

Yes. The absentee ballot cost has gone up, that typically determines the amount of our invoice. And because we don't know for each election cycle how many people may request one until after the fact when she gives us that total, that is when we'll get that price. The other new she has a new position, which is the quality assurance form inspector. That is a new position for us.

What does that mean?

That's basically their role during the election day, the important forms and everything that have to be completed and turned into Wendy at the end of the night. This person will solely be responsible for that, for checking it for accuracy and things of that nature.

Does this amount include potential runoffs or is that it going to be a separate amount? I sold your question? Pretend we already asked the question.

Well, it's how it's stated. Has been budgeted, but does that include

Yes, we budgeted more in the event that we have one.

And do the elections cost Wellington more in years when it's not the same time as the presidential preference primary? Because

it's just

a stand alone municipal election as opposed to the county. But doing a county wide election.

Does it equal out because here there is no early voting?

There's no early voting But in municipal there

cost savings then in that regard?

It depends on how many poll workers she would need to staff the various precincts for early voting. Because we don't have that, it doesn't impact us that way. But when she is holding a countywide election, it is typically a prorated type of price between the municipalities.

And while we're on this, can we address today's news and what's coming with it, how we're dealing with it?

Wendy did call me. I spoke with her in regards to the notice to voter insert. She is saying it is a printer error, but what they are doing for the absentee ballots that went out, are contacting those particular voters by email and by phone and by text to explain the error to them. As those absentee ballots come in, should anybody vote the ballots prior to them being able to get in touch with them, Those ballots are earmarked. Every absentee ballot that goes out has a specific number assigned to it.

That is how they're able to track those ballots. And she said they will be earmarked and put to the side, and those voters will have the opportunity to cast another ballot.

And Supervisor Link said that was entirely the fault of her office, not the fault

of

the village

of the no, is not our fault. No, it is not.

Because our information was accurate.

Yes. Not someone dropped the ball on proofreading the Exactly.

That is the way Wendy explained it to me. It had to do with proofreading for her staff and for the printer.

Right. Next item which is Resolution Number twenty twenty six dash zero nine for Land and Water Conservation Grant Fund Program for the Wellington Aquatics Complex Project and Resolution Number 2020Six-ten for a budget amendment to allocate that grant.

Finally, the good news.

Upfront. We were awarded $1,500,000 for the new aquatic center complex. And this authorizes or ratifies Mr. Barnes signing the agreement. We were pressed to get that done. And it also does the budget amendment. It is 100% matching, which is certainly no problem for us to match. So it's all good news. Yes. We've got plenty of match available. So all good there. So again, very happy.

Great job on your team on continuing to find grant money to supplement things we do.

It brings us to the next item, which is approval of amendment number one to the agreement for speed detection system in school zones.

This is just an amendment to the agreement with Genoptik to address a

couple

of items. Number one, the actual entity name. They're registered under a different name in Florida, so we're correcting that. They are using a vector camera instead of the flock cameras that were specified. But because their cameras have the ability to do both the LPR and the speed detection, we were fine with the single camera. So we wanted to address that. And we also

So we as I recall it, we went over this flop camera thing for many many a meeting and many a topic. And I believe PBSO had an issue with this and I believe miss Coates did and there was a series of things about that whole subject. Why we wanted flock versus another version. Right. So that there was Well,

I think just for just for background, I think when we were initially looking at the different options and initially had the first recommendation for RedSpeed, the sales point for RedSpeed was flock integration. And really what that really translates to is integration into our LPRs, our license plate readers. And what this does is basically, so while back then the point was for FLAC, really it was integration into the LPR system and I think at this point what's been proven and approved by both internally our staff and also PBSO is that their integration in a single camera doesn't require the addition of a flock camera.

Right. It's interfacing

With our LPRs.

Well, what the one

camera sends

all the data that everyone needs that PBSO gets with. You're nodding your head yes

over there.

That's correct. Opposed to having

dual camera system. Two cameras

at each location.

While still meeting the separation of information requirements, etcetera.

Right. It's two separate sets of data. It's the speed detection data, and then it's also the LPR data. And that's one of the items that's addressed in this amendment. The ownership of that LPR data, since it's not anything we access or have a need for, it really serves PBSO's needs. We don't own that data.

Are there two cameras there now that are going to scale down to one camera? There's only one camera?

One camera with dual functionality.

Okay. And this is no cost to Wellington to make any of these changes to install this equipment?

That's correct. That was included as part of the original RFP and in the agreement that we have with Genoptix. And

the LPR conduct, that part runs 20 fourseven. The speed cameras run during school days? That's correct. School hours. Any questions? Nobody

has any concerns about this?

No. None. They said PBSO has been part of the process as has our internal staff and miss Cohen's legal team. Alright. Trot up, Tim. Brings us to public hearings. Ordinance number 2026Dash01, water supply facilities, ten year work plan, and related update of Wellington's comprehensive plan.

Oh, great.

Pantis is back up. He's often by himself, so he likes to back up. He's happy.

We also have the author from Hazen of the water supply plan. But this is a requirement of the state statutes that when the South Florida Water Management District updates their regional water supply plan, we need to then update and adopt our ten year water supply plan consistent with that regional plan, as well as amend our comprehensive plan to reflect and reference the plan and make some minor adjustments to a few of the elements. And so essentially what you're doing is adopting that ten year water supply plan and the amendments to the comp plan. We'll, in between this reading and the adoption, we'll be transmitting to the state for their review as well as the water management district. And so you will see it again in March.

If you have any specific questions about the water supply plan, the experts are here to answer those questions. No, I

think we cover them periodically as they come up. This just puts them all in one stop shop for reading. Any questions on this? See, he didn't need support. He was good. Awesome. Good job. Thank you. Thanks.

Alright. Brings us to the next item which is ordinance number 2026 Dash 06 Wellington Village, Cape Park rezoning. Companion item 2026Dash03, which is Wellington Village, Cape Park master plan. 2026Dash04 Wellington Village, Cape Park conditional use for pod a school, as well as Wellington Village resolution twenty twenty six dash o five conditionally used for pod b hotel. And what I'd like to do is if you look at item j, which is ordinance number twenty twenty six dash zero nine, which is establishing the village landing community development district, is also related to the K Park parcel is I'd like to reorder that to make that item f and correspondingly drop everything else after that to the subsequent letter.

And that way then it's considered at the same time we're discussing K Park since the establishment of that CDD is part of the K Park project. And we'll have representatives to speak to that CDD item. And the other item related to that, that would be a companion item but needs ACME approval since currently when we pursue this CDD, which ultimately will be pursued by the applicant similar to when we pursued the different applications. We are still the owner of the property and the initiation of that CDD application is by the ACME Improvement District. So when we start the meeting tomorrow evening, we'll actually open with a ACME Improvement District meeting to consider that initiation, which then will lead us, when we get to this item, we'll have already considered that.

And the reason we're having a separate meeting is because many of the actions that ACMI takes are covered under our interlocal agreement with Wellington. So the village council acts on behalf of the ACMI board and approves ACMI things pursuant to that interlocal agreement. It's not clear under the interlocal agreement whether Wellington Council has the authority to act on behalf of ACME for this particular thing.

So we're

going to act

as ACME on

You're going to act exactly. That's that's the reason for the separate meeting and the separate vote by the ACME board.

Tell me what we're moving again then. Yeah.

So it's item j, which is the last item under public hearing.

Okay.

And moving that to become item f in public hearing and then correspondingly what is currently item f through I will move down to become g through j.

That way we're bashing all the K Park

Correct.

Property stuff together. Correct. Okay.

So the last item is moving up. Yes.

And of these items at the which one is hang on. Let's get some stuff. B is the first K Park. That's the that's the rezoning. You did first reading on that last time? The second

reading? The second reading. Yes.

And everything else is first reading?

Everything else is only one reading because they're resolutions.

Yep. Got it. Alright. What do you want to tell us about this today before we go into it in-depth tomorrow?

Those are all quasi judicial that we can give a brief summary but we'll have the full presentation. Key item on the original Welton Village Cape Park item is that we had an extended presentation from both mister Hemmel and mister Manfreddie at the last meeting And at this point, I think we've at least given them the initial direction that we certainly are prepared to hear from Mr. Tuma, Mr. Ryan and Mr. Kelly to speak more about the specifics and mechanics of it and don't need necessarily the rehashing of the overall vision for the project if that's agreeable to counsel.

I think we heard from Mr. Himmel and Mr. Manfreddie extensively last time and if they're there before that.

Correct.

People have questions we can ask them but I don't

And they'll be prepared to answer them, but I think Mr. Ryan, Mr. Tuma, and Mr. Kelly can handle any of those detailed questions. Okay.

And with respect to the CDD, it's essentially a mechanism for funding, for developer funding of all of the improvements, And they will be paid for by property owners and users of the development. So that's a benefit to those who live.

For today, what's a high level for people watching, if they're watching? What's what does the CDD do? What is it what rights does it give the owner developer rights to does Wellington lose if it happens? Just quick so people like

a Sure. The the the short pitch on the CDD is basically pursuant to Florida statutes. It's It's allowed, chapter one ninety Florida statutes. And it's a financing mechanism that generally is utilized by private property owners, developers to fund infrastructure. And it is a creation of a limited purpose, special purpose government.

It does not have us give up any of our authority or our rights as the responsible local government. We do not give up any zoning authority, police power, etcetera, and still have all the regulatory authority we maintain as the regulatory and local government jurisdiction. It essentially ends up being a financing mechanism that's utilized to fund infrastructure for projects and allows them as a special purpose government, a limited purpose government to be able to have tax free bond financing.

But they would still be locked into the master plan, the site plan, all the approvals?

None of the approval and regulatory authority we currently have and have by way of the approvals would be changed. And we are not relinquishing any of that development regulatory authority by way of this.

Any other question on that for today before we get into it? Much greater depth tomorrow. Okay. Moving on to

Alright. It brings us to currently item f, new item g, ordinance number twenty twenty six dash zero four, Artistry Lakes Comprehensive Plan Amendment, and Ordinance Number twenty twenty six-five, Artistry Lakes Rezoning. And so in my last change to the proposed schedule, what you have in your folder is an item which I would propose to put in as a consent item H, but it's related to Artesy Lakes, and that's the creation of the interlocal service boundary agreement with Palm Beach County. And for background related to specifically the Archery Lakes annexation, but overall our annexation direction and concept that's been discussed and consensus with council over the last three or four years. In our work with Palm Beach County over the last couple years including most recently the annexation of the properties at Seminole Pratt and Southern Boulevard.

There's been discussion to look you know at a larger regional corridor type context to this, and the one way to do that is through an in a local service boundary agreement. Mister Stillings and I met with county staff last Friday, and whether we look at it specifically for Artistry Lakes, which is the property currently under consideration for annexation where you have a comp plan and rezoning item before you or a larger piece. They agreed that it would be a good way to at least look at larger issues. For some background, generally speaking, interlocal service boundary agreements look at service provision within unincorporated areas and future annexation areas. In this case, this is largely not an issue because anything north of our current boundary limits really would not see any kind of change in service provision as far as infrastructure goes.

Water and sewer services have already been delineated to the extent they are now. Public safety services with the exception of having Wellington Public Safety for law enforcement, fire rescue doesn't change. They're already currently within the fire rescue municipal service taxing unit. Drainage services would be similar to what they would have in the unincorporated area. But in this case, I think the ISBA consideration between the county and Wellington as it relates to Artistry Lakes as well as the other areas around there really just set forth the discussion and cooperative approach with the county to indicate what future annexation areas may include.

It doesn't limit it to those, but it certainly sets the work for looking at what might be next. And at the recommendation of the county staff, this current ISBA looks at not only the Artistry Lakes piece, which is the current annexation, and moving forward on that project. However, they agreed and recommended that we include in this ISBA the piece to the East Of Artistry Lakes, which is the Leonard property and the other areas to the West of Artistry Lakes, which includes Arden, the industrial piece which the data centers proposed on, as well as the other areas west of there where the current water storage reservoirs are and the plant. Doesn't mean that they have to be annexed or going to be annexed or anything else, but it sets forth the conversation that the county wishes to proceed. This doesn't guarantee that they're not going to object to the annexation.

They still maintain some of the same statute references that we don't necessarily agree with as they did during the Seminole Pratt and the Southern Boulevard annexation process. However, they agree that this would be a good way to start and perhaps avoid them even objecting officially. Did I keep that pretty close?

Yeah. Just to add on, this resolution just initiates the process. So we're basically sending the county notice that we'd like to start the negotiations. They then send us back a responding resolution and say, Hey, yeah, we'd like to set up a meeting to do that. We then work through that agreement and bring it back to counsel for your full consideration and hopefully approval. And that will lay out, as Mr. Barnes said, all of the land area that will be part of the agreement, as well as how services will be handled, and the process and procedures for planning, annexation, and a number of other elements that affect those properties.

So our resolution is an invitation to negotiate and they need a resolution back to us and say, yes, we'd like to, and then we'd start talking?

Yes, sir.

Okay. And otherwise, nothing happens. And even if this all gets completed, this is just an aspirational framework as to what would happen if any of this was annexed. Is that right?

It's a plan to plan jointly.

Right. A plan to plan jointly and then a sort of this is what would happen if

Correct. Right.

But And it it also

That the annexation would even if the county didn't want to enter into this agreement, the annexation for artists

The current pending annexation would

still move.

We've made that clear.

But this would have No impact. Has no impact on that. Then it

Well, it's potentially it's correct me if I'm wrong, but it's we're try we're setting up the ability with through the agreement to avoid any future disputes and or objections to to annexations and

We're saying we're we would want we would have worked them out in advance. Correct.

Correct.

Right. So but, again, let's be fundamentally clear because we're at the point in time where we have a lot of people who want to misinterpret and spin things for the purposes of scoring political points. This has no bearing whatsoever on Arden as it stands today. Correct. This is no bearing as it stands today on Saddleview Elementary.

Correct.

This is no bearing as it stands today on the data center of any kind. This is not Wellington saying

Correct.

That we want the data center or the data centers coming to Wellington or any of that kind of thing.

That's correct.

We're not endorsing anything.

This is purely saying how services would be provided to this square on the map and planning that out.

And and I think that's that's where in this case, this is a far, for lack of far simpler ISBA because normally the ISBA, a key component of it, is determining who serves what. Because generally that is at the crux that is the crux of of most annexations. Fire, who's gonna do water? Correct. Do when all the service annexations. In our case, generally, those are all predetermined only because of our service areas already predetermined.

Right. They're serviced by PBSO, and they would continue to be. The service Right.

They would just be an enhanced level of service from Wellington. But fire's the same. They're in the MSTU. Water and sewer is already Palm Beach County or they're served by on-site their own systems. So bottom line is really this is more the plan to plan jointly and to be at least as Mr. Stoehling's mentioned that hopefully avoiding future disputes or conflicts as it relates to timing of future annexations.

Right, because we don't have those complicated logistical battles who's gonna service this area once it becomes if it becomes

That's correct.

Because those people are the

same people. And again, to be clear, right, this doesn't say that we want to annex Arden or that Arden wants to be annexed. Correct.

This would like it said

be true with the data center, the power plan, or any of the rest of this or whatever might go where the data center would be located if something else went there.

Correct. We we were perfectly and then we could still decide to just say, you know what? While it seems almost unnecessary, we would be happy to do an ISBA strictly for the Artistry Lakes piece, which we know we are proceeding with annexation on. At the county suggestion and we concurred that we can look at a larger area since that entire area, if you dial back three and a half, four years ago at our visioning session when we initially talked about annexation, we looked at three sectors, Northwest, East, and Southeast. And this is consistent with that discussion. Again, it doesn't limit it to that. They could go beyond, but at this point, the county agreed that this made sense.

Well, and become in an efficiency sense because you're just discussing the larger square instead of having multiple meetings discussing smaller rectangles

Correct.

On a map.

And these two items we have tomorrow night on Artistry Lakes, those are first readings.

Those are first readings. Correct.

Nothing we can tomorrow is final. That's just the first step in the process that will come back at either February or March meeting for the second reading.

March, it'll come back, yeah. Because of the size, need to transmit the component amendment to the state, even though it's just changing from a county designation to a Wellington designation, a comparable designation for both the land use and the zoning.

But mister Barnes, is going in on as to consent.

So I would recommend is that we put this as consent item h.

Okay.

And similarly those two items, Artistry Lakes, SEEP Complaint Amendment and Rezoning are both Guajrajudicial items. And we can give you a brief summary on those now, but I think we touched on them a little bit at the first reading of the annexation. And we'll have those presentations tomorrow.

Health plan is legislative, but the combined hearing will be quasi judicial.

Take us to the next big item, set of items, pair of items.

Alright. Brings us to ordinance number twenty twenty five dash 26, which is the 50th Street Comprehensive Plan Amendment together with ordinance number twenty twenty five dash twenty seven, which is the 50th Street rezoning.

This is the property at the Northeast Corner Of 50th Street South and Owsley Arms Road. This is a the first item is the comprehensive plan amendment, which is proposing to delete the site specific conditions that were placed on the property in 2005. The rezoning is to bring the zoning into compliance and consistency with the land use, which is equestrian commercial recreation. We do have an attorney representing four interested parties that will receive additional time and may request more than the minimum.

Our Tell us who wants to come tomorrow on this item.

Well, Arion Holdings is one of them, and there are several property owners. Mr. Stillings probably has their

So, yes. So it's the attorney is Mr. Volpe.

And we have his letter in our Yes. Group over Correct.

So the first is Arion Holdings LLC, William Edward Stitt Revocable Trust, Hiras La Mexicana Stables Florida LLC, and Happy Horse LLC. So we have four interested parties?

Right. So under our new rules, if one person represents three or more interested parties, they get fifteen minutes automatically and can request an additional ten minutes. And so, there was a previous request for additional time. So, after you adopt your agenda tomorrow night

It will be the first item we just

The first item to consider is the request for that additional ten minutes.

Is it two speakers for parties? One speaker for all these parties?

One speaker for all four parties with a maximum of twenty five minutes.

They get 15, they can ask for 10 more.

That's correct.

We decide how much of the Yes. To give.

Okay.

Yes. And

I just want to point out to the other modification. It's an update to the legal description for the properties to correct an error, a previous error.

And one more thing I need to mention. If the decision is to grant the request for additional time, you also must give the applicant a comparable amount of time because the rules now provide that

Passing time.

In no case should the interested party's time exceed that of the applicant's.

And these are both required two readings? Yes. So this is the first reading tomorrow night? Yes. And if it passes, would come back when? February, March? Or third, just takes the trans middle back up and

This one will come back in March, March 10.

Okay. Can someone just bring us up to speed? Right? Because we obviously just got this, what I think is, like, a five or six page letter. This is from the attorney. What as to you know, as I know from my meeting with mister Sillings on this, I thought this was a cleanup item that has been through committee unanimously passed or through advisory board unanimously passed, and I feel like there's a little bit of a disconnect here. As it applies to, as I understand it, these two items have nothing to do with manure blending or any of that kind of thing. Is that right?

Right. It's the same property, but it doesn't have to do with the operation of the manure blending facility.

So what is the legal objection here?

Well, are a number of objections.

Why don't you tell me, Ms. Cohen, what they are?

So the first objection has to do with the fact that they argue that the site specific restrictions that were placed on the ordinance back in 2005 should not be removed, and that removal of them increases the intensity of what's permitted. They're also taking issue with the fact that it was previously titled a development order amendment, and now it's titled a comprehensive plan amendment. And Mr. Stillings can discuss that with you. There's a whole list of arguments that they raise that we don't believe are well founded.

And at the end of the day, the comp plan amendment is a legislative item. It's possible that if it is approved, they will bring a consistency challenge. That's their right. We can't know whether they will or will not challenge it. And so they're contending that it's inconsistent with various policies of our comprehensive plan. They're also contending that a super majority vote of counsel is required in order to approve the comp plan amendment. We disagree with that because it's not a map amendment.

And

so we've looked at their arguments. We don't agree with their arguments. But this is what they're putting forward for the record to preserve it for a absurd petition or a consistency challenge.

Right. But it has been, up to including the last meeting. My long standing policy of not just waiting into action to get us sued. And so I'm I'm trying to understand who applied for this, what is this, why are we doing this, why do we need to do it, Why should we do it? They say we shouldn't do it. As I understand it from from staff, my staff meetings that this is not earth shattering stuff one way or another, I'm unclear on on on on what we're waiting into here.

Right. What what additional rights or uses would the applicant have to this property if these are granted versus what 're allowed to do now under the state permit they have issued to them? You don't have to answer this today. Can go over this all tomorrow, but these are some of the questions I think I need to understand why I'm even voting on this because if they have the right to do what they're doing anyway and if I vote yes or no, it has no effect. I'm trying to understand what this is all what what what our vote actually would do tomorrow, whether it's a yes vote or a no vote.

What it would give them or what it would deprive them all of. Correct.

That's my overarching question. I have a lot more sub questions under that, but that's the big picture question I think a lot of people would like to have answered, including me.

Okay. Are you looking for a response now or are waiting for tomorrow night?

It'd be continued, it'd a cliffhanger.

Okay. We can answer

you now if you want. One time.

I give you. Say this. Is there any part of this that we should know tonight so that it can be either discussed or we can follow-up privately with you all between now and tomorrow night's meeting?

I think one item you should know is that rezoning is being done so that it is actually consistent with the comp plan. And so, you know

The current zoning inconsistent with the comp plan?

Yes. With the land use,

yes.

With the land use, rather.

The comp plan was changed years ago. There was not a companion zoning item, and we don't know why. But there was not a companion zoning item.

We're talking about this February

Correct. Or

Yes. Does this letter have a hypothesis as to why one was changed and

not the other? Well, we haven't covered since that there was a lot of back and forth between the owner Burton and Sons, who was the applicant bringing forward the Littlewood Showgrounds, that they were being told that they needed to do a conditional use for the RV campground. And then it got switched to no, you need to do a rezoning and a conditional use. And so there was, in 2010, an application for a rezoning to a mixed use plan development for the show grounds, which included the RV park, and that was subsequently withdrawn. And it was withdrawn before counsel took any action.

And then Mr. Burton went on to other ventures working with Mr. Bellissimo at Wellington International Showgrounds. And so nothing more occurred.

And then this is just out of the picture until now?

Well, yeah. The applicant and owners have come forward wanting to make these changes for their property. And they'll be able to answer the specifics as to why they want to accomplish it now. My speculation is that there it's kind of a cloud over the property that they want to clean up.

Okay.

Think that's the end of the binder.

That concludes the agenda. We have some workshop items that you see in your blue folder that we can try and run through.

Let's do a video. Maybe. Says so.

So, Froskaleel, the co compliance manager, picked a good time to step away.

Maybe he did.

Yeah. So, we know there's been some conversation at meetings with counsel about co compliance, and you often hear and see the complaints from residents with some of their challenges with it. And so we thought we would start with a primer on the code process in a video, video, hopefully relatively short. And then from there, we can discuss how you'd like to proceed future discussions with and Mr. Barnes can also elaborate on that as it relates to future meetings, direction, meeting, etcetera.

Hey, welcome back.

Do you want to play the video first and then we can chat after?

Yeah, think it's good to play the video and then Nick can kind of lead us into future questions, discussions, etc. Sure.

Hi, I'm Ward Putnold, Code Compliance Officer for the village of Wellington. Wellington's code compliance division often referred to as code enforcement protects and maintains the health, safety, welfare, property values, and aesthetics of our community. These goals are accomplished with the enforcement of community standards established in the code of ordinances, including Wellington's land development regulations. The goal of enforcing codes and regulations is to achieve compliance through equitable, expeditious, and effective methods. We'll go into more detail about the code compliance process in a few minutes, but let's start with a general overview.

Overview of Wellington's code compliance process. Wellington's code compliance practices started prior to incorporation under First Wellington, the original Owners Association. The same standard of code compliance continues today with the code compliance division. The division is comprised of a code manager, a code supervisor, three administrative staff, and nine code officers. This team covers the entire village through eight zones.

Every year the team handles approximately 5,800 code cases with a compliance rate of 90%. Many of the cases are closed quickly with prompt compliance. Some make their way to a special magistrate hearing. These special magistrate hearings occur every month. The number of cases that make it to a hearing varies each month, but we typically have an average of seven fifty per year.

Unfortunately, some cases taken to the Special Magistrate become liens on properties due to the length of non compliance. We currently have 67 Special Magistrate orders that are not in compliance and 128 open liens. Now that you have a basic understanding of code compliance, let's dive deeper with a look at the process from notice of violation to compliance. Code compliance, how the process works. The village of Wellington follows chapter one sixty two of the Florida statutes, which governs county and municipal code enforcement throughout the state.

The intent of the statute is to promote public health, safety, and welfare by providing local governments with effective tools to enforce local codes and ordinances. Consistent with chapter 162 of the Florida statutes, article four of the Wellington Code of Ordinances establishes Wellington Code staff's duties and the code compliance procedures. In 2021, Florida legislative session passed senate bill 60. SB 60 amends Florida statute chapter one sixty two prohibiting code compliance officers from initiating a code compliance action based on an anonymous complaint. Individuals wishing to submit a complaint are required to provide their name and address.

An exception was provided permitting anonymous complaints only if a code officer has reason to believe the violation presents an imminent threat to public health, safety, or welfare or there is a threat of imminent destruction of habitat or sensitive resources. SB 60 is effective as of 07/01/2021. Here's why code compliance is so important. Code compliance is essential in the village of Wellington because it helps protect this community's safety, appearance standards, quality of life, and property values. Code compliance ensures Wellington remains a place where residents are proud to call home and where people choose to live and invest.

Let's review the code compliance process. The code compliance process and how it works. Step one, complaint or observation. A code enforcement case begins when a complaint is received or a violation is observed during a neighborhood inspection. It is essential to note that complaints cannot be submitted anonymously.

A code compliance officer conducts an inspection of the property for all visible violations. They must personally observe and document the violations to begin the code compliance process. Welling Wellington's code officers conduct about 25,000 inspections per year. The most common complaints and observed violations pertain to commercial vehicles, parking, and property maintenance standards such as driveways, sidewalks, trash, and debris at the curb. Step two: Courtesy Notice If violations are found, a courtesy notice is sent to the property owner with a time frame to correct the issue or issues.

A courtesy notice notice is not required by Florida statute or Wellington code, but is provided to Wellington property owners as a way to achieve compliance without the formal code action. If the violations are corrected within the time frame, the case is closed with no further action. Step three: Follow-up Contact If violations remain after the courtesy period, the officer attempts to contact the property owner or tenant. If no contact is made, a door hanger is left at the property. After three days without contact or a response from the property owner, the case progresses.

Step four, notice of violation or notice of hearing. A notice of violation is sent to the property owner. This notice identifies the violation, provides additional time to correct, additional time ranges from three days to thirty days depending on the violations, and includes a potential hearing date and time if the violation is not corrected. Property owners may request more time to achieve compliance. We regularly work with property owners to achieve compliance as that is the goal.

The additional time is generally based on the property owner's good faith efforts to address the violation and their continued communication with the code officer. The hearing process. If the violation is not corrected within the notice's time frame, the case is scheduled to be heard by a special magistrate. A special magistrate is an attorney who acts in a role similar to a judge. They are responsible for hearing cases involving violations of village codes, including property maintenance, zoning, and building regulations.

A special magistrate has the authority to issue compliance orders, require corrective actions, and assess fines. At the Special Magistrate hearing, the property owner may present evidence and provide testimony. If a violation is found by the Special Magistrate, the Magistrate issues an order An order is issued providing a time frame for compliance. Fines and penalties. If compliance is not achieved, fines may be imposed by the magistrate during a fine certification hearing.

Per Florida statute and Wellington code, the following maximum fines may be imposed. Up to two fifty dollars per day per violation for a first violation. Up to $500 per day per violation for a repeat violation. In some cases, irreparable or reversible violations may result in fines of up to $5,000 per violation. Fines continue to accrue until the violation is corrected.

Generally, the typical fine recommendation is $25 per day per violation with life safety fine recommendations at $250 per day. Liens. Once the violation is corrected, property owners can also request fine reductions. The lien reduction requests are processed according to the policy adopted by resolution number R2021Dash50. If fines remain unpaid, they become a lien on the property.

In some cases, liens may be foreclosed, but only on properties that do not have a homestead exemption. Appeals. Property owners have the right to appeal. Appeals must be filed in circuit court within thirty days. Appeals are based on the existing record and are not a new trial. Now that we've walked through the code compliance process, let's take a look at some frequently asked questions. Can a code officer enter my property? Code officers cannot enter private property unless invited by the owner or tenant. They may walk to the front door to leave a door hanger or information, conduct inspections from a public right of way or easement. A code officer may observe a violation from a neighboring property with permission.

Officers cannot climb ladders or look over fences. Violations must be clearly visible. How do I follow-up on a complaint? You can check the status or outcome of a code case by submitting a public information request or PIR to the village or viewing the case online at wellingtonfl.gov. How do I file a code complaint?

Complaints can be submitted by calling the code compliance hotline at (561) 753-2560 using the Go Wellington app or emailing codewellingtonfl dot gov. Ultimately, code compliance is about partnership and prevention, not punishment. The Village of Wellington's Code Compliance Division works proactively with residents and property owners to address concerns, encourage timely compliance, and help preserve the high standards that make our community such place to live. By understanding the process and knowing how to report concerns or seek assistance, residents play an important role in keeping Wellington safe, well maintained, and welcoming for everyone.

Well, was no Super Bowl commercial, but it

hopefully

it explains the process, and now that you've seen it, we'll put it out on the Arlington website and the TV.

A point of clarification though, code officers, the rules regarding whether a code officer can enter your property are a little bit different with commercial property. That reference was to residential

property.

And this is going to kick off to following up and having a more expanded discussion as Mr. Stilings mentioned, and we'll pursue it more in detail during visioning and directions to discuss code in general and identify key areas where we see the need to perhaps update and hopefully also get input from you all as to some of those sections that require updating changing as the communities have evolved over time and also as the codes have changed over time.

That's the actual code complaints and code compliant. What are we hearing from residents about complaints about the code process or the code officers? What are those complaints and how have we looked into those? Are those found and unfounded generally? Because I think that's where we're getting most of the complaints. People are complaining about our code compliance process. Some people think they're being targeted or selective enforcement, which it's always selective when it happens to you. But how have we looked into those allegations and those complaints?

So, as you said, no one's happy to see the code officer come to their house or even to receive the courtesy notice. And it's always a question of, well, what about my neighbor? What about the property down the street? What about all the other properties I drive by and see who are worse than my property? And in most cases, we already have a code case on those properties.

We definitely get into looking at neighborhoods as a whole when we find a particular issue that we're addressing along a street, we will do a neighborhood sweep to ensure we're not singling anyone out. There isn't any intention to do that. All of the issues that have been raised, we've investigated and have found no one doing anything improper. And so it's really a perception issue on the part of the resident and, you know, just not being happy that they're being cited or being told they have a violation.

So if I file a code complaint against McGovern for his driveway not being clean, right? And you guys come out and say, Yeah, his driveway's terrible. Then you see Amanda's driveway and Maria's driveway are also terrible. You can self initiate those code cases on your own? Yes, sir. Because you're out in the neighborhood and you're looking at

it?

Yes, sir.

Okay. But mine has to be my name's gotta be attached to it since I

Since you called it in as opposed to them driving by and seeing

the Correct. Three of

Mhmm. Right. So that when when they get their code complaints, they're gonna look it up online and say, well, was Tim came out here and looked at my house and said, did myself. They're gonna be mad at me, and they'll be mad at you. Okay. Well, who's gonna be mad at me?

We all are.

Nothing goes through your driveway. Right.

It goes without saying. I think, hopefully, the video says, the code officers try to achieve compliance. It's not about being draconian and being too hard on the enforcement side. And with good faith responses by the residents, we try to work with them to give the amount of time that they need and to ensure that they understand what the violation and what needs to happen to correct it. We don't try to tell people how to correct it, but we can tell them what they need to do in order for it to be corrected.

We have a question there.

How many code enforcement officers do we have?

Have nine.

How do they start their day? Do they plan where they're going to go and which section? How does that back end work? The

first thing they do when they come in they check their emails and then they have follow-up inspections from the previous cases. The iPad will show the list of the follow-up inspections. That's how they go out and start doing the follow-up inspections. While they're out in the field, if they see a violation, then they'll open a new case.

Each officer is assigned a zone, a particular zone? Okay. We do move them around experience and based upon caseload. Generally they're one particular area of the community that they get to know and hopefully get to know the residents as well.

Are the nine officers trained to do all I'll give you an example. Right now on my street, there's two homes that are doing impact windows. I did see code enforcement there, obviously. So are those specific out of the nine that only do that? Or are they trained to do all? So that would be a building inspector.

Yes. So code is just focusing on parking, property maintenance. Okay. Any of the permitted building side is an entirely separate that's Matt's team, Matt Mills' team that handle that. With the officers, you know, it can be a high turnover position.

And we when we bring them in, it does take them a while to learn and get comfortable with all of the codes. And so we we start them off with kind of the the easier, you know, driveways and roofs and and the easily visible property maintenance stuff. And then they start getting into much more of the more detailed parts of the code. So I think what we have been seeing, because coming out of COVID, we had a bit of turnover over those years. We have a full staff.

We have I think we still have several that are less than a year with But most of them are getting up to the point of two years or more with the village. And so we're starting to get into the codes that some residents might not have heard from us for a long time. So that's one of the complaints you'll hear is that this has been this way for a decade. What's the problem now? And it's, you know, the speeding analogy, well, we didn't get to you the first ten years, but now we're getting around to it. And in those cases, we do try to be much more accommodating, understanding that it is something that hasn't been addressed for a long period of time, but it's still a code violation.

To your point on that, I mean that's almost everyone. So everyone was getting used to living a certain way and then all of a sudden we're on them. And so I think that grace is really you don't really get to pick and choose. It's kind of everyone, and I think that is the biggest complaint we see. So hopefully from here on out, never take breaks again. Not that we need to be on them all the time. I'm not saying that. I'm just saying we can't let there be another lag and then pick up steam in the way that we did because I think that's the number one issue with all of this.

Yeah, think the lag was exacerbated by COVID and during that window for at least probably three years there was a conscious decision to back off. But we definitely not going down that road again. The other thing that is companion to this but not directly a code compliance issue is that there are some aspects that they're getting that our residents are getting hit with code compliance wise as it relates to some provisions of the code that I think Tim and his team are working on to reevaluate. And over time, some of those codes let's talk about the landscape code in particular, where there are some requirements in there that generally work for, we'll call it new construction. New neighborhoods, new developments happening.

And there are some portions of the village whether they're the older communities or communities that were built and while they still may have met the requirements back then don't meet those current numbers. And we're evaluating that and presenting options to counsel when we discuss this in more detail at visioning as to where we might have to have two different thresholds as far as what we're looking at in terms of what we're looking at code wise for new construction or new development and how we're looking at the code as it relates to existing projects, existing neighborhoods, whether it's Greenview Shores 1, Sugar Pond, Wilshire Village, what have you, versus the communities that were just recently constructed, more recently constructed like inside some of the gated communities in Olympia or Versailles or those types of communities. Can you

an example of what you're referring to? Because I don't know if we should be saying, oh, if you live in a gated community, don't need to have as many, I mean, are you referring

Well, it's not gated community, those just happen to be the newer ones, but there are some newer, just can't

What are think of examples anything

the examples

of

examples are Greenview Shores 1 and the residential category that I'm in, there's a certain number of trees you're supposed to have. There are going to be a lot of homes in Wellington that don't meet that requirement. Fair? And now the question is going to be for staff to determine, okay, those requirements are based generally on newer code items that really are more geared toward new development. When my home was built or your home was built in the 80s, they probably had one different requirements because it was unincorporated at the time and to apply the new requirements that are in our code when we're going back retroactively.

Now saying because you know you or I were conscious enough to say I'm going to get a permit to remove this dead tree and well you know the code guys feel like vampires because once they're invited in they can't unsee something that's a violation. They're going to be like okay you're short two trees. You know, so we're trying to figure out how to address that fairly and it's the gated, non gated isn't the best example, but it just happens to be that all our newer communities that meet those code requirements are in the gated communities because there haven't been really any new ungated communities that I can recall. But that's an example of where we need to look at the code and make sure that we don't have code requirements that aren't or can't be met by existing lots in subdivision portion of the village.

Yeah, that's one of the probably the top complaints we get from a landscaping code violation is they get a violation for removing a tree. You know, see they put out the material in the street and they check and there's no permit. They go to get a permit and we go to inspect and they're fine. Not only do they need to replace the one they removed, but they're short two or three. And so and and it's not it's not

Let's go back to this just to to put a finer point on it. Are they short under today's code or they're short under the code from when their house

is Well, that's they're well, we that's one of the challenges and that's why I think what mister Barnes is saying is is there's a sort of a a construction and a post construction. We can't confirm that the material that was installed when it was built was

Code compliant then.

Code compliant then.

They may have been under then.

You know, the others, you know, things happen over time. You know, You have a property for a couple of decades, trees die, trees get blown over by storms, etcetera. Changes happen to the property that might not be observed because the Wellington staff isn't on the property. And so it's not until you Right. We may

not know that day that you threw the tree away.

Then Right. Or you may have lost some during Wilma or Jean and Francis that totally went unrecorded. And now you've got one that we do see, but you've already lost three or four beforehand.

Even the four of us know that that happened because we've driven through those neighborhoods and seen those trees. Yeah.

And you even have situations too where the property has changed hands and now the new owner is like, well, it was like this when I bought it. Even though they might have might be in the house for ten years, you know, some of the material was lost even before they took it on. So it's really looking at closer at what what is the right number and then finding that that sweet spot.

But right now is there a consistent village wide number for the number of trees you have to have on your property to be code compliant?

The code compliant number is one tree for every 1,500 square feet of lot area.

Okay. And how do you know that? I mean, do I know how big my lot is and how many trees I have?

Tax collectors.

Yeah. You would have a survey, hopefully from when you bought the house. But the tax collector will tell you if you have a third of an acre, half an acre, and you do the math. Now, you might not know that you're required to have one for every 1,500 feet, and I'm sure most I'm sure most people probably in have any idea.

Some way I'm supposed to sort of come in and confess to a crime, hey, My house is

I'll manage to call you

in. A lot that is whatever size. And so I'm here to tell you that I've I've done the calculation, now I need to add three trees. So can I get a permit to add three trees? I mean, is that really the standard? We're asking people to

No. The the standard is you you've been caught removing one without a permit.

Right. You you don't need to get a permit to add trees.

No. You don't need a permit to add trees. But you've been do you either have Do people there's some left

to have a permit to take a tree down? I mean, is that widely known that people if they want to take a tree down, they No. Need a

None of these things

have it in a number of locations within the website, and I know we've now are trying to put in a I don't know if you don't get the utility bill by mail, might not have seen it, but we've over the last year, we've put in a code compliance corner in the insert with some hopeful friendly tips on different aspects of the code and code compliance.

I don't get that frantic bill from Texas. Haven't seen one of those.

I mean, you know, it's we do our best to try to get the word out, but yeah, it's

None of us have seen it.

If you're a dead tree, figure I'll have my landscape guy just take it down when he's here. You don't realize you need to get a permit to do that, because I don't think most

people A dead think about tree, if it is a dead tree, you know, you could probably have an arborist write a letter. There's a state statute that allows an arborist to write a letter, and then you can remove that tree without a permit. Well, still we don't We charge them for the

still ask for the permit. He's doing that.

And in those No one's doing that. Let's be practical. No one's doing that. If you have a dead tree or tree you don't want anymore Cutting it when your landscaper's out there, or you're out with your chainsaw, you just take it down and put it on the curb. You're not thinking, I need to call the

village Or can just do to it take out a for couple

days I at a

I think most of the time residents are probably finding out more from their friends and neighbors about what needs to be done based on experience.

It falls into the same category that there might be some interior renovations going into your house. You're thinking, can just do this myself. I don't need a permit. You do. You know, so I mean, at some point, we do our best to educate everybody and put and we need to do a better job of that. But it it's under that same category is that

But we'll never do a perfect job at it.

Correct.

This is another one of those things where we're we're essentially we're all in this together. We're trying to to maintain a community standard. We're trying to keep our property values up. We're trying to make all of our neighborhoods marketable and desirable. I mean, there's a I mean, we get that part too, I think. But but it also can't be in the I think we have to go out of our way to keep it from looking like it's some kind of moving target.

Oh, sure.

That's what said. We try to work with residents as much as we can. Again, it's really about the good faith effort. And particularly with the tree replacement issue, we've had situations and if you go and do the calculation for your own property, you'll find every 1,500 square feet is a big number for a half acre lot. So some people will find they need, you know, three or four added trees, and that's not an inexpensive endeavor when you're looking at, you know, a 10 to 12 foot minimum sized tree.

And so we in those cases, we have been giving folks six months to two years to incrementally add those versus saying, no, you have to do it right now. Because again, understanding you came in thinking you were just getting a permit to remove a tree and now we're telling you you need to add three trees. This

The fear

of really taking us down a rabbit hole here. Oh, let's go. Is our thoroughfare fences, hedges? How is that going?

Actually, it's going pretty well. Most property owners we still have some some lagging properties, but for the most part, hopefully you've seen it driving around. The the hedge the hedging material

is places a person that has three fences and

that kind of It has been a noticeable cleanup on some of the

main I think we might be down to one or two of the grandfathered old for those that grew up in Wellington, the thoroughfare fences where you basically had a top cap and it was the old gray fences that required no landscaping. We're down to I think maybe a couple of those left.

That was the house that I grew up in.

That was the standard. The old, you know, first Wellington, you had that on all the thoroughfares. And you had to order a special Wellington fence when you had a fence contractor come into your home and everything. So I think the numbers are getting smaller and smaller.

Going back to the other issue about needing a permit. Is there somewhere obvious on our website that says like do I need a permit? So you can click and see for these things yes for these things.

I would recommend everybody ask Little Blue.

Just call Tim.

If you ask Little Blue, Little Blue will give you That's all the information in the If you just ask Little Blue, think this is one of the items that does come up with the right answer.

I

have a question that's going to move into. Do we have challenges on your end?

Melchant.

Come on up. We're leaving code enforcement and moving the building.

Yes. What was the question?

Are we having challenges on the building? Now does the roof fall under building?

Yes, ma'am.

Because I think that is the complaint that I get.

But there might be two things. There is still cleaning.

That is why

I am asking. No,

no, roof replacement. Some

of that could be generated by the insurance company.

I know, but it still requires a permit.

Yes, absolutely.

That is correct. For sure.

Can you just share a little bit on your department of

And

those kind of also short of replacement because some repairs don't require a permit unless it's a certain percentage of the whole roof, correct?

That's correct.

So maybe that's a distinction that people don't know. You do a patch, it's fine. You're replacing half your roof, that's a permit.

That's a yes.

Typically, draw the line for a permit when the repair goes into the underlayment or exposes the wood. We wanna make sure that's replaced if it's rotted. If it's leaking in, typically, that would be the case. So we draw a line in a permit or needing a permit there. Anything above that, it's gonna be based on the size of it, how much of the roof. The code requires that any slope or area of the roof that requires more than 25% to be replaced, then you have to replace the whole slope. So we wanna make sure that we're we're we're following that code as well.

Any other questions?

We'll continue to

We'll talking more about code later.

Maybe lots and lots of conversations.

All right, I think that concludes us for code.

Next have a second workshop? Yes.

One more item is generally EPC requests. And Mr. Stones can hit these pretty quickly. And Mr. Reinfeld's here to back them up if necessary.

So the first is back in the January meeting, the Equestrian Preserve Committee made a motion to request the council direct staff to bring forward a village initiated amendment to expand the Equestrian preserve area to include all of the property West of Flying Cow Road that is not currently within the Do

you have a map to show which is which is and which isn't?

Well, it's it's unfortunately, the zoning and the land use map are inconsistent.

It seems to happen.

A lot.

In this area, this was more just timing. So for the land use, it's only the the property immediately south of Section 24 that's not within the preserve area. Then on the zoning map, it's that property and two of the properties immediately south. But we would recommend, if the council's consensus is to bring this forward, to basically include Section 24 in all of the properties so that way everything West Of Flying Cow from Rustic Ranches South would be within the Equestrian Preserve area.

Conceptually I like it, but need to see a map so I see exactly what we're talking about. We're not doing this today anyway, when it comes up I'd like to see a map of what the current zoning is in these places and then what we proposed or what would be requested to pull into the EOZD so that way it comes under the different circumstances. But

Mr. Sillins, what does this then mean for existing property owners and things going forward? Mean

So we would need to

Retroactively change their

Oh, sure. Now, they can object and we would want to reach out to them as part of the process. But It would provide some predictability to those prospective developers of the property South Of Section 24. So this is the land use map. You can see that one yellow rectangle south of the green is the sliver. And then again, so the zoning map doesn't include this

What is that all zoned now? Those two triangles, the triangle and the rectangle below the preserve, what are those currently?

Those are residential A.

Which means what?