[00:00:09] WHY DON'T WE GET STARTED? STAFF. YOU GUYS ALL SET? OKAY. OKAY, GREAT. SO I'D LIKE TO CALL TO [I. Call to order] ORDER THE NEW ALBANY BOARD OF ZONING APPEALS MEETING FOR FEBRUARY 23RD, 2026. THE FIRST THING ON OUR AGENDA IS THE CALL TO ORDER. CAN WE HEAR THE ROLL? MR. PRESIDENT, MR. JACOB HERE. MISS SAMUELS. PRESENT. MR. WOULD PRESENT FOR PRESENT. COUNCIL MEMBER. KISS. PRESENT. [III. Action on minutes] THEREFORE, VOTING MEMBERS HERE. WE HAVE A QUORUM. THANK YOU. THE NEXT ITEM ON OUR AGENDA IS ACTION ON THE MINUTES FOR OUR MEETING ON NOVEMBER 24TH. DO WE HAVE ANY UPDATES OR CHANGES TO THE MEETING MINUTES? I NOTED A JUST A CORRECTION TO ONE OF THE VOTING AND OBVIOUSLY WITH THE COMMENTARIES ONE THING. BUT I FIGURE ON THE VOTE STUFF JUST TO MAKE SURE THAT CORRECTION CHRISTINA NOTED IT AND IT'S BEEN CORRECTED. SO OTHER THAN THAT, AMENDED ADDITION TO ONE OF THE VOTES TO MAKE SURE THAT ALL NAMES WERE INCLUDED, I SAW NO OTHER ADDITIONS. OKAY. DO WE HAVE TO ACCEPT THAT INTO RECORD? WE DO. YEAH, I KNOW THAT. THEY'RE ALREADY. IT'S ALREADY. YEAH. MADE THE CORRECTION. OKAY. THAT'S CORRECTED. SO AS CORRECTED I MOVE TO ACCEPT THE MINUTES FROM THE NOVEMBER 24TH, 2025 MEETING. I SECOND THAT MR. JACOB. YES, MR. WOOD? YES, MISS. SAMUELS. YES. MR. YES. THE AYES HAVE IT. THE MOTION PASSES WITH ALL VOTES TO APPROVE THE [IV. Additions or corrections to the agenda] MINUTES AS CORRECTED. OKAY. THANK YOU. THE NEXT ITEM ON OUR AGENDA IS ADDITIONS OR CORRECTIONS TO THE AGENDA FOR TONIGHT. DO WE HAVE ANY ADDITIONS OR CORRECTIONS TO THE AGENDA FOR TONIGHT? NONE FROM STAFF. NO. OKAY. DO WE HAVE ANY APPLICANTS, WITNESSES THAT WOULD LIKE TO SPEAK TONIGHT? OKAY. WE NEED TO SWEAR YOU IN. SO IF YOU COULD COME UP, STATE YOUR NAME, RAISE YOUR RIGHT HAND. HI, I'M MICHELLE SINGH. OKAY. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? YES. OKAY. THANK YOU. OKAY, FIRST CASE ON THE AGENDA FOR [VI. Cases] TONIGHT IS VARIANCE 072026. SO YOU CAN HAVE A SEAT. WE'RE GOING TO HAVE THE STAFF REPORT AND WE'LL CALL YOU BACK UP. VARIANCE. TO ALLOW AN INVISIBLE FENCE TO REMAIN LOCATED WITHIN A PLATTED BUFFER AREA AT 7365 MILTON COURT. CAN WE HEAR THE STAFF REPORT? YES. ALL RIGHT. SO, AS STATED BEFORE, THIS HOUSE IS AT SEVEN, THREE, SIX, FIVE MILTON COURT. AND THE HOUSE IS LOCATED WITHIN THE NEW ALBANY COUNTRY CLUB. SECTION 15 A THE PROPERTY IS NORTH OF JASON COURT AND WEST OF LAMPTON PARK ROAD, AND THE PROPERTY IS SURROUNDED BY OTHER RESIDENTIAL PROPERTIES. FOR SOME BACKGROUND, THERE IS A PREVIOUS VARIANCE ORIGINALLY REQUESTED IN DECEMBER OF 2021 FOR THIS PROPERTY FOR A PLAYGROUND AND A FENCE TO BE IN THE SAID BUFFER AREA. THAT WAS DENIED. BUT THEN AN APPLICATION CAME BACK IN JULY OF 2022 TO ALLOW JUST THE PLAYGROUND TO BE IN THE BUFFER AREA, AND THAT WAS APPROVED. SO IN DECEMBER OF 2025, STAFF RECEIVED A COMPLAINT REGARDING WORK WITHIN A BUFFER AREA AND UPON INSPECTION, STAFF CONFIRMED THAT THE APPLICANT HAD AN INVISIBLE FENCE INSTALLED WITHIN THIS BUFFER AREA. ON THE SCREEN, YOU CAN SEE THE PLATTS LANGUAGE OF THE BUFFER AREA, AS WELL AS THE LOT OUTLINED IN RED, WITH A 30 FOOT BUFFER AREA HIGHLIGHTED IN YELLOW. THE SECTION WE WERE LOOKING AT IS IS THE. NOR SHALL ANY WORK BE PERFORMED THEREON WHICH WOULD ALTER THE NATURAL STATE OF SUCH AREA OR DAMAGE ANY OF THE TREES OR VEGETATION THEREON PROVIDED. WHILE THE CITY DOES NOT REGULATE INVISIBLE FENCE AND NO PERMIT IS REQUIRED INSTALLATION WITHIN AN AREA DESIGNATED TO REMAIN UNALTERED UNDER THE PLAN WOULD REQUIRE A VARIANCE. SO STAFF DID A SITE VISIT TO INSPECT THE COMPLAINT AND TOOK THE FOLLOWING PICTURES. AS MENTIONED BEFORE, THE APPLICANT RECEIVED A SEPARATE VARIANCE FOR THE PLAYGROUND, WHICH CAN BE SEEN IN THIS PICTURE. IT IS HARD TO SEE UP ON THE SCREEN, BUT THERE ARE SMALL WHITE FLAGS SHOWING LOCATION OF THE FENCE WHICH WILL BE REMOVED AND THEN LEAVE NO VISUAL ASPECT OF THE INVISIBLE FENCE. SO THERE IT WOULD NOT ALTER THE CHARACTER OR THE NEIGHBORHOOD, INCLUDING ALLOWING VEGETATION TO STILL GROW AND IT WOULD NOT IMPACT DRAINAGE AT ALL. THE CITY ENGINEER DID REVIEW THE PLOT NOTES FOR THE BUFFER AREA, AND EXPRESSED NO CONCERNS REGARDING ITS LOCATION. THEY ALSO POINTED OUT THAT THERE IS A PRESENCE OF A PRIVATE UTILITY BOX WITHIN THE BUFFER AREA, ALREADY ON ONE OF THE NEIGHBORING PROPERTIES. THESE PICTURES SHOW A CLOSER [00:05:07] VIEW OF WHERE THE FENCE WAS INSTALLED ON. THE FIRST TWO PICTURES WERE TAKEN BY STAFF AND THIRD WAS PROVIDED BY THE ADJACENT NEIGHBOR. THE INSTALLATION INVOLVED MOVING DEAD LEAVES TO ALLOW PLACEMENT OF THE INVISIBLE FENCE LINE AND MARKER FLAGS, AND AS YOU CAN SEE, NO TREES WERE REMOVED OR DISTURBED AND NO STRUCTURES WERE CONSTRUCTED, MAKING THE INSTALLATION MINIMAL. THE INSTALLATION MINIMAL. STAFF DOES NOT DOES WANT TO POINT OUT THAT THE REMOVAL OF THE FENCE COULD POTENTIALLY CAUSE A GREATER IMPACT TO THE NATURAL STATE OF THE BUFFER AREA. IN SUMMARY, DUE TO ITS UNDERGROUND INSTALLATION AND LACK OF VISIBLE COMPONENTS, THE FENCE DOES NOT CREATE ANY VISUAL IMPACT OR DISRUPTION TO THE BUFFER. WHILE THE ORIGINAL INSTALLATION RESULTED IN MINOR DISTURBANCE TO THE NATURAL STATE OF THE AREA, THE METHODS USED WERE MINIMAL, MINIMALLY INVASIVE, AND ALLOW FOR CONTINUED VEGETATION GROWTH WITHIN THE BUFFER AREA, AND RELOCATING OR REMOVING THE FENCE AT THIS TIME COULD RESULT IN ADDITIONAL DISTURBANCE TO THE BUFFER, AND ALLOWING THE FENCE TO REMAIN IN PLACE WILL ALLOW THE APPLICANT TO MAINTAIN A FULL, THE FULL USE OF THEIR YARD WITHOUT ANY FURTHER IMPACT WITH ANY FURTHER IMPACTS TO THE AREA. AND I, AS WELL AS THE APPLICANT ARE HERE IF YOU HAVE ANY QUESTIONS. OKAY. DO YOU HAVE A MOTION TO ACCEPT STAFF REPORT INTO THE RECORD. SO MOVED SECOND. MR. JACOB? YES, MISS SAMUELS? YES. MR. WOOD YES. MR. YES, YES. HAVE IT. THE MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. THANK YOU, MISS SONG. WOULD YOU LIKE TO SPEAK? YOU DON'T HAVE TO. YOU'RE WELCOME TO, IF YOU'D LIKE. WELL, I DON'T REALLY HAVE MUCH TO ADD OTHER THAN THAT. WHEN WE GOT THE FENCE INSTALLED, WE CHOSE A REPUTABLE COMPANY THAT REALLY WOULDN'T DISRUPT THE AREA IN ANY WAY. I DIDN'T REALIZE WE NEEDED A VARIANCE REQUEST IN ADVANCE BECAUSE IT WAS UNDERGROUND, INVISIBLE, WHICH WAS MY FAULT, BUT IT REALLY IS UNDETECTABLE TO ANYONE. OUR NEIGHBORS ON BOTH SIDES OF THE OF OUR HOME SUBMITTED LETTERS IN AGREEMENT WITH THE VARIANCE. SO ANY QUESTIONS YOU MAY HAVE. WHAT YEAR WAS THE FENCE INSTALLED? NOVEMBER OF THIS YEAR. OKAY, OKAY. SO YOU HAVE LAST YEAR. SO YOU HAVE A DOG NOW WE HAVE A DOG. YEAH OKAY. SHE'S A BOARD IN TRAIN RIGHT NOW BUT OKAY. HOPEFULLY SHE COMES BACK A LITTLE ANGEL OKAY. ANY OTHER QUESTIONS FROM THE BOARD. YEAH. FIRST OFF THANK YOU FOR THIS ADDITIONAL CONTEXT. IT WAS INCREDIBLY HELPFUL. AND THANK YOU FOR YOUR OUTREACH TO YOUR NEIGHBORS. I THINK THAT'S DEFINITELY IMPORTANT. THAT'S YOU HELPED MY INITIAL QUESTION, BECAUSE THE QUESTION THAT WE HAD BEFORE US WAS TO ALLOW TERRAIN. SO THIS WAS NOT A PREVIOUS OWNER THAT YOU'RE TRYING TO REPLACE AND UPGRADE. THIS IS BECAUSE YOU INSTALLED IT NOT KNOWING YOU NEEDED IT. I DIDN'T KNOW I NEEDED IT BECAUSE IT'S LITERALLY UNDETECTABLE. OTHER THAN RIGHT NOW THEY'RE A LITTLE FLAGS. THAT'S JUST TRAINING FOR THE DOG. SO HE KNOWS. BUT IT THEY INSTALL IT WITH A RAZOR THIN WIRE. YOU REALLY CAN'T EVEN DETECT WHERE THEY INSERTED IT. OTHER THAN KYLIE MENTIONED. THEY BRUSHED THE LEAVES AWAY AS HE WAS INSTALLING IT JUST BECAUSE IN THE BUFFER ZONE IN THE BACK CORNER WHERE THAT BLUE PLASTIC BIN IS. JUST BECAUSE JUST. YEAH, JUST SO HE COULD SEE HIS WORK. BUT OTHER THAN THAT, OKAY, IT WASN'T PERMANENT. THAT WAS JUST TEMPORARY. GOT IT. SO SO FORGIVE MY IGNORANCE. IT MAYBE IT WAS IN THE REPORT. MAYBE IT WASN'T. SO AS MOVING FORWARD, LET'S SAY YOU ALL MOVE ON BEYOND THIS HOME, IS THERE A CERTAIN RESPONSIBILITY IN WHEN YOU MOVE ON TO UPDATE THE NEW OWNER THAT THIS DOES EXIST, OR HOW DOES THAT WORK? JUST BECAUSE HAVE WE HAD AN INVISIBLE FENCE FOR OUR LAB GROWN UP? SO I UNDERSTOOD THE WHOLE I JUST WAS WE MOVED BEFORE I WAS OLD ENOUGH TO ASK MY DAD, HEY, DID WE UPDATE THEM THAT THERE'S A BUNCH OF WIRES THROUGHOUT THE YARD? HOW DOES THAT WORK? I DON'T KNOW, CAN ANSWER. SORRY, WHICH ONE CAN ANSWER THAT? I FORGET HOW DEEP THEY GO. MAYBE SIX FEET, NINE FEET, BUT IT'S NOT SUPER DEEP. I THINK IT'S LIKE 12FT, 12IN. YEAH. OKAY. IT'S PRETTY. PRETTY. YEAH. YEAH. SO IT'S NOT IT SHOULDN'T INTERFERE WITH ANYTHING. BUT WE WOULD DEFINITELY LET THEM KNOW. AND IF THEY WANTED TO USE IT, THEY COULD IF THEY CHOSE TO USE A COLLAR. BUT I WAS JUST CURIOUS. I JUST DIDN'T KNOW IF THERE WAS A RESPONSE OF, HEY, THERE ARE WIRES IN THERE IN YOUR YARD BECAUSE OF OUR PREVIOUS AND I. SO AND WITH THAT, I'M JUST CURIOUS, ARE WE GOING TO BE REVISITING THIS IN SOME WAY BECAUSE WE'RE GOING TO HAVE TO DISRUPT THEIR YARD AT SOME POINT. SO I'M THINKING MORE LONG TERM, NOT SO MUCH CURRENT. AND WHERE THIS IMPACT GOES, I DON'T KNOW. BUT IT REALLY DOESN'T IMPACT THE GROWTH IN ANY WAY. FOR THE MOST PART, IT'S A LONG A SIDEWALK OR OUR DRIVEWAY OR SHRUBBERY. SO IT REALLY ISN'T IN ANY LOCATION THAT SOMEONE WOULD NEED TO [00:10:06] PLANT OR DO ANYTHING. HONESTLY, IT'S LIKE IT GOES ALONG THE SIDEWALK AND THE DRIVEWAY. AND THEN THERE'S A I DON'T HAVE PICTURES, BUT. ROW OF ARBORVITAE. YEAH. SO OKAY, MAYBE ON THE LEFT HAND SIDE ADJACENT TO OUR NEIGHBOR. THERE'S REALLY NOTHING THERE RIGHT NOW. SO MAYBE SOMEONE WANTED TO PLANT, BUT IT REALLY IS RAZOR THIN. I DON'T THINK THAT IT WOULD INTERRUPT THEM, BUT WE CERTAINLY SHOULD NOTIFY THEM, I THINK. I DON'T KNOW, SO I'M NOT SURE THERE'S A LEGAL OBLIGATION TO DISCLOSE THE DOG FENCE. AND IT'S ONE OF THOSE THINGS BECAUSE I THINK IT SUCH MINIMAL VOLTAGE THAT IF YOU WOULD CUT IT, IT'S NOT THAT IT'S NOT GOING TO DO ANYTHING OTHER THAN CUT THE FENCE. SO UNDERSTOOD. FINAL QUESTION AND THEN I'LL STOP, I'LL LOCK IT UP. IS THIS OBVIOUSLY THE BACKYARD? THAT'S THE INTENTION. DOES THIS WILL THIS BE GOING FORWARD UP TO BECAUSE YOU MENTIONED THE DRIVEWAY. IS THIS GOING TO BE GOING UP AROUND YOUR FRONT YARD IN ANY WAY? IT GOES AROUND THE ENTIRE PERIMETER. THE PERIMETER OF THE PROPERTY IS OUR DOG CAN USE AS MUCH OF THE YARD AS UNDERSTOOD. OKAY. THANK YOU, MR. CHAIRMAN. SURE I DID, I HAD A QUICK QUESTION, ONE OF THOSE BEING THE SPECIAL CIRCUMSTANCES THAT WERE CITED, BEING IN A CUL DE SAC IN THE HOUSE, BEING SET FURTHER BACK. I WANTED TO SEE IF WE COULD PULL UP ON THE IMAGES WHERE THE FLAGS WOULD BE IF THEY DID NOT GO INTO THE BUFFER AREA. AND I THINK, IS IT IN FRONT OF THE PLAYGROUND THAT THEY WOULD HAVE TO BE? IT WOULD BE. I GOT A PICTURE. AND IF I CAN SHOW THAT YOU CAN, IT'S NOT PERFECT, BUT THE PART OF THE OH, SORRY, IT WOULD BE IN LINE WITH AT LEAST PART OF THE THROUGH. YEAH, THROUGH THE PLAYGROUND. THROUGH THE PLAYSET. YEAH. BECAUSE IT'S PARTIALLY IN THE BUFFER ZONE RIGHT NOW. WHAT HAD GOTTEN THAT PREVIOUS VARIANCE. SO IT WOULD BE KIND OF GOING THROUGH IF YOU WANT TO SHOW THAT TO THEM JUST. YEAH. OKAY. THANK YOU SO MUCH. AND THEN FOR CAN WE CAN WE GO BACK TO THAT PICTURE LIKE I THINK IT WAS THE VERY FIRST ONE THAT SHOWED LIKE THE PIANO. OKAY. YEAH. YEAH. OKAY. SO I KNOW PANORAMA PICTURES ARE KIND OF FUNKY BECAUSE IT, BUT THIS IS A STRAIGHT LINE. CORRECT. THOSE WHITE FLAGS. YES. THIS IS THE BACK LINE OF THE PROPERTY. SO WE'RE TALKING WE'RE THINKING THAT SOMEWHERE BISECTING THE PLAYSET WOULD BE THE THE END OF THE BUFFER ZONE. CORRECT? CORRECT. I THINK IT GOES RIGHT THROUGH THE MIDDLE OF THE PLAYSET AND IT MAY GO ALL THE WAY DOWN. SO IT JUST SORT OF CUTS A LINE THROUGH THE BACKYARD. IT'S JUST A WEIRD. YEAH, IT'S A WEIRD LINE. YEAH. ARTIFICIAL LINE. ARE WE INCLUDING THE PREVIOUSLY APPROVED VARIANCE AS ANOTHER SPECIAL CIRCUMSTANCE OF THIS REQUEST, SINCE IT WOULD KIND OF CUT THROUGH THE MAYBE THE QUESTION IS, DO WE HAVE A HOLD HARMLESS AGREEMENT IN PLACE FOR THE FIRST VARIANCE? I DON'T RECALL, BUT I DON'T THINK WE HAVE A HOLD HARMLESS FOR THE FIRST VARIANCE. IS IT IS IT THAT'S THE ONE THAT RELATES TO THE PLAYGROUND EQUIPMENT, CORRECT? YEAH. I DON'T THINK WE HAVE A HOLD HARMLESS IN PLACE ON THAT, BUT I DON'T RECALL FOR SURE. OKAY. AND MICHELLE, YOU UNDERSTAND WHAT THAT IS? THE WHOLE HARMLESS AGREEMENT. NO. DOES THE LAWYER WANT TO TALK ABOUT SO EFFECTIVELY? IT HOLDS THE CITY HARMLESS THAT IF WE NEED TO GET IN THERE, IT USUALLY COMES WITH MORE LIKE UTILITIES. IF WE WOULD NEED TO PUT A UTILITY, OR SOMEONE WOULD RUN SOMETHING THROUGH THERE AND HAVE TO TEAR UP YOUR PLAYGROUND IN ORDER TO DO THAT, OR IF IT WAS A DECK THAT YOU WOULDN'T HOLD THE CITY HARMLESS OR SOMETHING ALONG THOSE LINES. OKAY, SO AND THAT'S TYPICALLY WHAT WE WOULD DO IN THIS SITUATION IS IF SOMEONE TO GO OR TO GO IN THERE AND, AND SORT OF PIPELINE OR SOMETHING AND CUT YOUR DOG FENCE, OH, WE'RE NOT RESPONSIBLE FOR IT BECAUSE IT'S IN THE VARIANCE. OKAY. SO AS LONG AS YOU AGREE TO THAT I'M GOOD. YEAH THAT'S FINE OKAY OKAY. AND THAT BUFFER IS NOT FOR LIKE UTILITY STUFF. IT'S JUST FOR ESTHETIC. YEAH. IT'S JUST TO PROTECT THE NATURAL STATE BEHIND. OH, IT'S NOT EVEN UTILITY EASEMENT. THERE'S PRIVATE UTILITIES, BUT IT'S NOT. BUT WHICH IS PROBABLY WHY WE DIDN'T HAVE THE WHOLE PLAYGROUND. AND JUST TO BE CLEAR, NOTHING WAS DISTURBED BACK THERE OTHER THAN PUSHING SOME LEAVES AROUND. THAT'S ALL. HE INSERTS IT VIA WIRE. BUT WE'RE NOT SUPPOSED TO TOUCH ANYTHING IN THAT LITTLE CORNER AREA. SO THERE'S JUST LEAVES PILED UP, AND HE JUST BRUSHED THEM ASIDE SO HE COULD KNOW WHERE, YOU KNOW, INSERT THAT PRECISELY. JUST ONE QUESTION. THIS MIGHT BE LIKE SPLITTING HAIRS, BUT CAN EASEMENTS BE TRANSITIONED INTO LIKE SPATIAL [00:15:04] EASEMENTS BEING TRANSITIONED INTO UTILITY EASEMENTS AT ANY POINT? SO THERE IS A TEN FOOT EASEMENT. YEAH, THAT'S PART OF THIS BUFFER ZONE. BUT IT'S NOT UTILITY EASEMENT. THERE ARE SOME PRIVATE UTILITY EASEMENTS BACK THERE THAT SERVE THIS HOUSE AND MAYBE HOUSES ON EACH SIDE OF IT. FROM WHAT WE CAN TELL, WHEN WE'RE OUT ON THE SITE, IT LOOKS LIKE THAT THIS FENCE LINE IS OUTSIDE OF THAT, JUST BARELY. BUT YES, THERE IS A VERY, VERY SMALL SLIVER OF EASEMENT BACK THERE. THERE ARE SOME LIKE TELECOM BOXES AND WIRES, BUT NO PUBLIC UTILITIES ARE IN THAT EASEMENT. AND TO ANSWER YOUR QUESTION, THE PRIVATE EASEMENT, THEY COULD OBVIOUSLY IT'S A PRIVATE EASEMENT NEGOTIATE CERTAIN THINGS WITHIN THERE. THE PUBLIC EASEMENT IS WHAT IT IS. BUT SO I THINK THINGS CAN CHANGE. SO SO HAVING A HOLD HARMLESS AGREEMENT COULD PROTECT US ALL. OH YEAH. I MEAN IT CERTAINLY IS NOT GOING TO HURT THE HARMLESS AGREEMENT. SO. YEAH. OKAY. ALL RIGHT. ANY OTHER QUESTIONS. CAN WE STEP BACK THE PHOTO. NOT THE THE ONE WITH THE MULTI PHOTO. MAYBE ONE MORE. ALL RIGHT. SO I JUST WANT TO WRAP MY HEAD AROUND THE DEFINITION OF THE BUFFER ZONE AND THE PURPOSE OF THE BUFFER ZONE. BECAUSE I SEE A SIGN THAT SAYS PLEASE DO NOT MOW. IS THAT A CITY SIGN. IS THAT AN HOA SIGN. SO IT'S THERE'S ACTUALLY A REALLY LONG HISTORY WITH THIS PROPERTY AND RESTORATION OF THIS BUFFER ZONE GOING BACK TO LIKE 2021. SO BACK EVEN BEFORE THIS, THESE PROPERTY OWNERS HAD OWNED THE PROPERTY. THE PREVIOUS OWNER HAD TAKEN OUT A LOT OF THE TREE PRESERVATION ZONE WHEN THEY BUILT THE HOME, WHICH WAS A VIOLATION OF THAT PLOT RESTRICTION. THAT IS HOW IT EXISTED. WHEN THEY PURCHASED THE PROPERTY, THERE WAS SOME MORE. CHANGES TO THAT PRESERVATION ZONE BACK IN THAT CORNER WHERE THAT NO PLEASE NO MOW SIGN IS, WHICH RESULTED IN A CODE ENFORCEMENT CASE. AND THE VARIANCE THAT KYLIE MENTIONED BACK IN 2021, THE CITY DID WORK WITH THE OR THE CITY FORESTER WORKED WITH THE PROPERTY OWNER TO PUT A RESTORATION PLAN IN PLACE. ONE PART OF THAT PLAN WAS TO INSTALL NO MOWING SIGNS IN THAT CORNER, BECAUSE THE LANDSCAPING TEAMS WERE OUT THERE MOWING WHEN THEY SHOULDN'T HAVE BEEN TO ALLOW THAT GRASS TO TAKE ROOT. I THINK SOME MEMBERS OF THE BOARD WERE ON THE PANEL BACK THEN AS WELL. I MIGHT RECALL THOSE DETAILS, BUT THAT'S THAT'S WHY THOSE THOSE SIGNS ARE THERE. YOU WOULDN'T FIND THOSE SIGNS ANYWHERE ELSE AND OTHER ANY OTHER PROPERTY NORMALLY. SO IS THE INTENT OF THIS BUFFER ZONE TO BE NATURAL? CORRECT. YES. SO LIKE I KNOW IT'S WINTER TIME, BUT WHEN THE SEASON SPRING COMES, THAT GRASS IN THEORY SHOULD GROW UP TALL THERE THERE ARE SPECIFIC WITH THE CITY FORESTER PUT IN SPECIFIC REQUIREMENTS OR LIMITATIONS ON WHEN IT CAN BE MOWN AND HOW OFTEN. BUT YES, THAT IS A DIFFERENT SEED TYPE TO ALLOW THAT GRASS TO GROW OVER TIME. THE SOILS ARE REALLY, REALLY WET BACK THERE, SO THE PROPERTY OWNER GRACIOUSLY HAS INSTALLED TREES BACK THERE MULTIPLE TIMES BECAUSE THEY HAVEN'T TAKEN THE GRASSES OR THE THE GROUND IS REALLY WET BACK THERE, BUT IT OBVIOUSLY DOESN'T LOOK LIKE IT DID PRE 2019 BEFORE THEY BOUGHT IT. BUT THEY HAVE TAKEN STEPS TO REMEDIATE THAT AREA AS MUCH AS POSSIBLE. AND MIND YOU, I'M DEFINITELY LEANING TOWARD THE FENCE. SHOULD STAY BECAUSE IT'S THERE AND I THINK IT'S MORE INVASIVE TO TEAR IT OUT AT THIS POINT. BUT I GUESS, I MEAN, IN THEORY, THAT SWING IS NOT GOING TO BE USABLE IN JUNE WHEN THE GRASS IS MAYBE TWO FEET HIGH. THAT'S ACTUALLY NOT A SWING. IT'S A BEND THAT THE OTHER PROPERTY OWNER HAS RIGHT ON THEIR PROPERTY, RIGHT ALONG THEIR PROPERTY LINE. THE SWING SET IS OKAY. I WAS THINKING THAT WAS LIKE A BLUE SOMETHING HANGING FROM A BRANCH. YEAH. SO IT'S PART OF THE RESTORATION PLAN. THEY ONLY HAVE TO PUT THE THE HEAVIER GRASS. I'LL CALL IT HEAVIER, BUT THE TALLER GRASS BACK IN THIS CORNER HERE, ABOUT WHERE THESE TREES EXIST, THE REST OF THE PRESERVATION ZONE, WHICH IS MOST OF THE BACKYARD, WAS ALLOWED TO REMAIN IN ITS CURRENT STATE, WHICH IS MOWN GRASS. SO THAT'S, I GUESS, WHAT I WAS GETTING AT. SO THAT WILL BE USABLE YARD FOR THE DOG TO PLAY IN. AND IT'S NOT JUST GOING TO BE OVERGROWN AND CORRECT A NATURAL STATE. VIC. PERFECT. AND I GUESS THE LAST QUESTION I HAVE, I KNOW WE HAVE SOME LETTERS OF SUPPORT, SOUNDS LIKE THIS CAME IN FROM A COMPLAINT. WAS THE COMPLAINT THE ACTUAL THAT THE FENCE WAS EXISTED OR THE DISTURBANCE TO INSTALL THE FENCE? AND DO WE HAVE ANYTHING FROM THAT RESIDENT? I THINK IT WAS THAT THE FENCE WAS BEING INSTALLED IN THAT AREA AND WITHOUT KNOWING WHAT WAS GOING ON, I THINK IT WAS JUST, HEY, [00:20:03] SOMETHING'S GOING ON IN THAT BUFFER AREA. I HAVE ONLY RECEIVED ONE CALL AND IT WAS NOT FROM THAT NEIGHBOR, AND IT WAS MORE OF JUST GETTING A BETTER UNDERSTANDING OF WHAT WAS BEING ASKED. BUT IT WASN'T A COMPLAINT. BUT YEAH, THE EVERYBODY WITHIN 200FT IN THE NEIGHBOR WERE NOTIFIED. OKAY. SO TODAY, IN THEORY, WHOEVER MADE THE INITIAL COMPLAINT WAS NOTIFIED THAT THIS WAS GOING ON TONIGHT. CORRECT? OKAY. I'M A LITTLE SURPRISED THAT THE CONTRACTORS THAT DO THIS DON'T AREN'T AWARE OF THE RULES OF THE THE TOWN. WHY WHY WOULD THEY DO THAT, KNOWING THAT IT'S IN VIOLATION OF A CODE? DO WE DO WE EDUCATE THEM ON SO IT'S ACTUAL INFRACTIONS AND CHEAP PRESERVATION ZONES ARE UNFORTUNATELY MORE COMMON THAN YOU WOULD THINK. AND THEN WE DON'T HAVE PERMITTING REQUIREMENTS. WE DON'T HAVE TO GET A PERMIT TO INSTALL AN INVISIBLE FENCE BECAUSE IT IS ALL UNDERGROUND. UNFORTUNATELY, WITH IN CONSULTATION WITH OUR LAW DIRECTOR, WE DID DETERMINE THAT THAT IS STILL A VIOLATION OF THE TREE PRESERVATION ZONE REQUIREMENTS. BUT AGAIN, I GUESS TO ANSWER YOUR QUESTION DIRECTLY, IT IS NOT UNCOMMON FOR FOLKS TO NOT BE AWARE OF THOSE THINGS. SO THAT BEING SAID, IF THIS WAS NOT A PRESERVATION COMPONENT TO THIS, WE WOULD NOT BE SEEING THIS BEFORE US ESSENTIALLY. SO THAT IS IT'S THAT'S THE GOT IT. YEAH. AND WITH ACTUAL ABOVE GRADE FENCES, THOSE DO REQUIRE PERMITS. AND THAT'S WHEN WE OFTEN ARE ABLE TO CHECK TO SAY, HEY, YOU'RE INSIDE A BUFFER ZONE. YOU NEED TO PULL THIS FENCE OUT OF IT. SO WE DO CATCH THEM WHEN IT'S. BUT THE RESIDENTS DON'T KNOW THAT. LIKE YOU'RE RELYING ON A VENDOR TO COME IN TO DO SOME WORK FOR YOU, YOU WOULD ASSUME THAT THEY WOULD UNDERSTAND THE RULES AND THE CODES OF THE TOWN. SO I DON'T BLAME THEM AT ALL. I DON'T KNOW, JUST NOT VISIBLE. AND I MEAN, I THINK RIGHT NOW THERE'S NO PERMIT REQUIRED. CORRECT. FOR INVISIBLE FENCING. YEP. SO THAT A CONTRACTOR WOULDN'T HAVE ANY REASON TO DO ANY DUE DILIGENCE PER SE RIGHT NOW, THE WAY THAT THE CURRENT STATE. OKAY. ANY OTHER QUESTIONS, FOLKS? NO. I'LL MAKE A MOTION TO APPROVE VARIANCE 072026 INVISIBLE FENCE VARIANCE TO ALLOW FOR THE INVISIBLE FENCE AT 7365 MILLION. COURT, WOULD YOU HOLD HARMLESS? OH, YEAH. DO YOU WANT TO ADD THE CONDITION OF HOLD HARMLESS? CAUSE THE CONDITION OF HAVING HOLD HARMLESS IN PLACE. THANK YOU. SECOND. MISTER. YES, MISS SAMUELS? YES, MR. WOOD? YES. MR. JACOB. YES, YES. HAVE IT. THE MOTION PASSES WITH ALL VOTES TO GRANT THE VARIANCE, SUBJECT TO THE CONDITION THAT THE PROPERTY OWNER SIGNED A HOLD HARMLESS AGREEMENT. THANK YOU, THANK YOU. ENJOY THE DOG. OKAY. LET'S SEE THE LAST ITEM ON OUR AGENDA TONIGHT. YOU FOLKS ARE FREE TO LEAVE IF YOU'D LIKE. IT GETS REAL EXCITING, THOUGH. VERY EXCITING. THAT'S FINE. WE HAVE OTHER [VII. Other business] BUSINESS FOR TONIGHT. AND IT SAYS ORGANIZATIONAL MEETING. YES. CORRECT. AND WE ALSO WANTED TO ASK AN ADDITION TO ELECTING IF WE CAN MOVE THE MEMORIAL DAY MEETING WOULD BE ON WEDNESDAY, MAY 25TH. IF YOU GUYS WOULD BE OKAY IF WE IF WE NEED THAT TO MOVE THAT TO TUESDAY. I'M SORRY. MAY. YEAH. MAY 26TH INSTEAD OF MAY 27TH. IS THAT THE DAY AFTER MEMORIAL DAY? IT IS. MAY 27TH IS MY WIFE'S BIRTHDAY. SO IF WE CAN MOVE THAT, THAT'D BE GREAT. YEAH. YES. I'M GOING TO BE OUT OF TOWN THAT WHOLE WEEK, SO I'M A NO. OH, WAIT, MAYBE I'LL BE BACK IN TOWN. YEAH, I'LL BE HERE. NO OPPOSITION FROM ME. OKAY, OKAY, LET'S JUST DO IT. OKAY. SO ARE THEY. IT WOULD BE ON TUESDAY, MAY. I'M NOSY. YEAH, IT WOULD BE TUESDAY, MAY 26TH INSTEAD OF THAT. WEDNESDAY, MAY 27TH SINCE MEMORIAL DAY WOULD BE WHEN THAT MEETING WOULD HAVE BEEN IF WE DID NOT HAVE A HOLIDAY. GOT. I COULD SWEAR WE ALREADY WENT THROUGH THIS WHOLE ELECTION OF CHAIRMAN. VICE CHAIRMAN. DIDN'T WE DO THAT WITH RECENTLY LIKE IN THE LAST? WE DID IT IN THE SUMMER IS WHAT MY UNDERSTANDING WAS BECAUSE WE THERE WAS A, MY UNDERSTANDING THERE WAS A GAP WHERE WE DID NOT MEET. YEAH. AND THEN I MEAN, BECAUSE I REMEMBER ORIGINALLY SUGGESTING TO YOU OF LIKE, HEY SHOULDN'T WE AT THE BEGINNING OF THE YEAR, SHOULDN'T WE BE DOING THIS? AND THEN WE GOT AN EXPLANATION OF WE'RE DOING THEM LONGER OR LATER OR WHATEVER. AND THEN WE DIDN'T MEET. AND THEN IT WAS LIKE JUNE OR SOMETHING. DID WE TRY TO AVOID [00:25:02] THE THE RULES WERE THE OLD RULES USED TO BE THAT WE HAD TO HAVE THE ORGANIZATIONAL MEETING IN MARCH OF EVERY YEAR, AND SOMETIMES THERE WASN'T ANYTHING ON THE AGENDA. SO JUST COME IN TO MEET. SO COUNCIL CHANGED THE RULES TO THAT. YOU JUST HAVE TO HOLD THE ORGANIZATIONAL MEETING UP UNTIL JUNE. OKAY. SO BUT WE DO HAVE TO DO IT EVERY YEAR OKAY. SINCE WE HAVE A CASE TONIGHT, WE THOUGHT THIS MIGHT BE THE FIRST FIRST ONE, NOT THE OTHER WAY OKAY. SO WHAT'S THE PROCESS OF DOING THIS? SOMEONE JUST NOMINATE SOMEONE. YEAH. JUST NOMINATE A CHAIRPERSON. VICE CHAIRPERSON AND A SECRETARY. OKAY. AND DO WE DO THAT AS A TEAM OR SOMEONE JUST SAYS I NOMINATE A SLATE. YEAH, YOU CAN DO IT. I'VE SEEN IT DONE ALL DIFFERENT WAYS ANYWAY. ANYWAY, ANYWAY, YOU GUYS NOMINATE EACH OTHER. YEAH. OKAY. YOU CAN NOW MAKE YOURSELF SEAN. I'LL NOMINATE SEAN FOR SURE. CHAIRPERSON. THANK YOU. ACCEPT IT. IT NEEDS A SECOND. SECOND. AND THEN I'LL CALL THE ROLL. MR. WOOD. YES. MR. JACOB? YES. MR. CAN I ABSTAIN FROM THIS VOTE? YEAH. OKAY. YES. YOU'RE ALLOWED TO VOTE FOR YOURSELF. YEAH. AND MISS SAMUELSON. YES, YES. HAVE IT. MR. IS ELECTED CHAIR WITH ALL THE VOTES. I WILL NOMINATE A JACOB FOR VICE CHAIR. SECOND MISS SAMUELS. YES. MR. YES. MR. WOOD. YES. MR. JACOB. YES. THE AYES HAVE IT. MR. JACOB IS ELECTED VICE CHAIR WITH ALL THE VOTES, AND TO FOLLOW SUIT, I WILL NOMINATE TIANA SAMUELS, ELECTED SECRETARY OF BCA SECOND. MR. JACOB. YES. MR. YES. MR. WOOD. YES. MISS. SAMUELS. YES, MISS SAMUELS WAS ELECTED SECRETARY OF THE PCA WITH ALL THE VOTES. GREAT. CONGRATULATIONS, EVERYONE. CONGRATS, CHAIRMAN. AND WE JUST NEED ONE LAST MOTION AND VOTE TO ESTABLISH THE DATE, TIME AND LOCATION FOR THE 2026 REGULAR MEETING. ARE WE OKAY WITH 630? I MEAN, THAT'S WHAT WE THAT. YEAH. YOU GUYS HAVE TO STAY LATE TO DO THIS STUFF. YEAH. SO I WOULD BE OKAY MOVING TO SIX IF YOU GUYS ARE. I'M GOOD WITH THAT. LET'S JUST MAKE SURE WE'RE ALL AGREE ON BEFORE WE MAKE THAT DECISION. IF IT'S IF YOUR QUESTION HERE RIGHT NOW, THEN I DON'T THINK IT'S SIX. BUT IF WE COULD STICK WITH 630 LIKE TONIGHT, LET'S JUST SAY I NEED TWO GUYS TO DO A DIAPER CHANGE. SO IF WE COULD IF WE NOW HE'LL BE BY TRAINED BY NEXT YEAR. BUT I'M JUST SAYING I'M THINKING OF THE COMMUTE HOME AND EVERYTHING. 630 THAT WAS GREAT. 630 GUYS. GOOD. APPRECIATE THAT. IT'S ALL MOVE TO HAVE THE MEETINGS AT 630. SO WE HAVE TO DO THAT BY MOTION. YEAH. THIRD AND FOURTH MONTH MONDAY. YEAH. SECOND MR. WOOD. YES. MR. ABSOLUTELY. MR. JACOB YES. MISS SAMUELS YES. THE MOTION PASSES WITH ALL VOTES TO APPROVE THE SCHEDULE AS RECOMMENDED. GREAT. THANK YOU. ANYTHING ELSE? STAFF. OKAY. THANK YOU FOR TONIGHT. THANK YOU, THANK YOU. AND IS THERE A MOTION TO ADJOURN THE MEETING? SO MOVED. SECOND, MISS SAMUELS? YES. MR. JACOB? YES. MR. YES. MR. WOOD. * This transcript was compiled from uncorrected Closed Captioning.