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It's 10 o'clock. I call the meeting to order. Welcome to the april, 2026

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meeting of the akima county wetlands board. While

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going through introductory remarks, please take the time to silence. Turn off

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all cell devices. The board consists of five members.

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approval of all permits requires a majority vote or three yay votes.

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today we have all five member presence. We have a quorum

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from my right to left. Mr. Gick vice chair, mr. Ward,

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mr. Taylor and mr. Badger. I'm t lee bird quorum is

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established with a, uh, minimum of three board members

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present. Uh, if I may introduce our staff and

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guest present, we have, uh, ms. Ginger harmon, who is administrative assistant,

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mr. Paul watson, deputy director of code administration.

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uh, ms. Ms. Claire gorman, general marine resources

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commission, vmrc. And mr. Pbit can't be here. He has another

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meeting. The wetlands board is aware of and, uh, complies

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as closely as possible to the objectives of the virginia marine

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resources commission policy of no net loss. All

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persons speaking for this board will be sworn in.

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alright. Um, so if we will please,

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uh, let's, uh, talk about the agenda. I hope

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everyone has had a copy of the agenda I've had in mind for some time.

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uh, has everybody had a chance to look it over? Any questions, comments,

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then I ask for a motion to accept the agenda. Second, mr. Chairman.

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thank you. A second please. Alright, and vote.

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aye. Aye. We have accepted the agenda

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minutes, um, after some minor changes. Thank you,

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sir. Um, we have, um, would appear to be

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clear minutes from the march 24th meeting. Has everyone had time to

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look over the minutes from the march meeting?

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any questions, comments? As for a motion

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to accept mr. Chairman, make a motion to accept the minutes. Thank

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you, sir. Second, please. Aye. Thank you, sir.

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vote please. Aye, minutes are in the book. I abstain. I wasn't here.

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mm. Alright, we're gonna move on. And our

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first topic is old business nu number four.

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um, the first subject is 4.01,

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which is, uh, mr. Michael pulaski that I think we all know. Mr. Watson,

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may I swear you in, please? Do you affirm or swear you tell the truth, whole truth, nothing

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but the truth in all matters before this board? I did. Thank you, sir. Would you, uh,

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tell us probably what we already know, but anything that is current,

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um, slides, put 'em out of order, but, uh,

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I did visit the site last week and take two quick pictures. Um, it does appear

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as if, uh, some grass is growing back, but the gravel has

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not been removed and does not appear any

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efforts have been made at restoration. Um, of course, pictures

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can speak for themselves as to what has been done or hadn't been done.

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uh, that's, uh, as you're looking out towards shiite bay, that's to the right

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and that's to the left. I guess this grass area in the middle

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you can, is visible in both pictures. Um, yes sir, but this is the

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affected area.

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um, I'll also report that mr. Pulaski, in addition to

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the filings that I've, uh, presented to the

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board that he's made about this particular violation, he also submitted

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a, uh, everybody get this, everybody know? Yes.

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um, a, uh, I, I, I guess he wants, I guess the best way

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to put it, he wants the board to investigate on everything that's happened with the gabby and walls.

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and I responded to him that I did not,

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uh, believe there was any basis for a sworn complaint because number one, the gabby and walls

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are now in, uh, outside the board's jurisdiction. Yes, sir. Sir.

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and while they were originally permitted by the board, I saw no evidence that

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they were constructed improperly. And this was dating back decades ago. Um,

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and, and there's no evidence they were constructed improperly or there was any violation of that

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permit and invited him to come to the board during open session

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if he thought that I was incorrect or he had a basis for some type of violation

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he wanted to present to the board. And he's not here

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and he's not here. He, he did in at least one of the emails

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that I got, um, he indicated that he would, uh, not be on the eastern

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shore, not in captains cove until sometime mid-may. Um, that's

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when he was complaining about the april 15 deadline. And, and he

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did indicate to me he was not gonna be back. He could not do it by the

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deadline because he physically would not be back on the shore. Um,

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and so obviously he hasn't complied with what the board has ordered him

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to do. Um, I, well, obviously I have

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no idea what he's planning to do when he gets back, whether he's planning to comply or not.

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well, uh, first of all, he's had more

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time than anyone else I can remember on a project since I've

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been doing this. And secondly, um, I hope he's, well,

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I hope he's not in the hospital, but if he's just outta town then um,

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he probably should have been here or had a representative here if he was that, uh,

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intent on proving that we're wrong.

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anyway, uh, what else do you have on this particular subject?

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that's all. Alright, um, mr. Chair, just of curiosity,

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did he ask for an extension of deadline from april 15th?

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I mean, I, that's something that, you know, we can maybe discuss a little bit. Um,

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I guess I could charitably say that he asked, he, he objected to the board,

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uh, imposing the deadline by emailing me saying he didn't agree

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with it. Um, I mean, he's definitely indicated that he,

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uh, could not abide by it because he was not gonna be here and that

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he never agreed to it in the first place. Um,

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so that's, I mean, he, okay. I mean, he, he has been in communication

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with me, but ob obviously, it also looks like he hasn't done anything for

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the last however many months, almost a year. I so

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agree with mr. The chair here regards to the situation, but obviously

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we want something done. Would it be just to ask him what timeframe

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is he looking at? Maybe? I mean, I, well,

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I I guess what I'm getting, he hasn't said he's not going to do it, it's just a

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timeframe or am I mistaken about that? Um, that is correct. He, he

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is, uh, I'd say the sum total of the communications with him,

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uh, are not exactly positive in, in think in thinking he's gonna

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do it, but, but he has never actually said, I am not going to do it. Te tell us, please,

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uh, what our options are. Let's assume for the moment right

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now, let's just say for the moment, I don't think he's

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gonna do anything. Uh, educate us, please.

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um, so it's, uh, section 1 0 2 4 0 1.

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uh, subsection c any person who, uh,

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violates an order of the wetlands board, um, is

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guilty of a class one misdemeanor every day. The

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violation continues as a separate offense. Um,

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and then there's a little bit of a strange section. Um, well,

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it does say that without limiting the remedies which may be obtained under this chapter, any person who violates

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any provision of this chapter, um, or fails to obey a wetlands

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board order, uh, shall upon

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finding of the circuit court be assessed a civil penalty not to exceed,

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uh, $25,000 a day. And,

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um,

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and, and, and, and, and this is the strange part is that it also says that

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with the consent of the person who violated the order, the

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board can assess a penalty up to $10,000. Yes, sir. And I, the

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only way that makes sense is if somebody does not, you know, is fearful

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of going to circuit court, they could appear and consent to a yes, your honor,

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lesser penalty. So it, it seems like the only two options

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are either, well, there are several options, but it's, but the escalating

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options are to refer it over, uh, to the commonwealth's

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attorney to go to court or offer mr. Pulaski

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a lesser fine that he would consent to. Obviously, we could also give him additional time

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to see if he does anything when he gets back in mid bay. Mr. Chairman,

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um, I, I called paul matter, he just left the place. 20 minutes

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of this. This is exactly what I, what I, and I think hank had the same

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thing about this. This fix is so easy. I know we told him to plant,

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I mean, to, to fill and plant and the real world. This area is dynamic,

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but it's also, if, if only if you got any pictures of his neighbor's grass is the,

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the grass growing on its own. As you can see, that's a lot of the 10 by 10 area.

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to me, it just takes the raking, not even the filling of it. And replanting to

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me, it just, if you rake out the, the small rocks, it'll grow.

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and that's, I mean, like I said, that's really what I thought when I called you. You know what I'm saying? You just left

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there and you said, yeah, I got a lot of growth. He's doing nothing. Uh, I agree with

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you, it comes, but what I'm saying is, but the, the who was the original contractor on this,

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uh, jeff brown, he's the one who had all the problems with doing the work in captains,

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go without permits. And he, I mean, like I said, in the real world,

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the fix is so easy. And like I said, I know we told 'em to fill and

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plant, but in the real world, all that, all that's fine, fine stones is

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just gotta be rigged out and you're talking about a four hour job.

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let's, let's, uh, do this the way we should do it, which is hold

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back for comments. But, uh, we talked about it. And, uh,

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uh, one last thing before we, uh,

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open it, we continue to give time and

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time and time. What's that do to the people

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that try to do it correctly and come here and say, thank you in 30 days

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I'll have x, y, and z done. If we continue to let this go on and on and

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on, I just wonder if I think about it for a moment. Anything else, sir? Um, I would say

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it's a little ironic that one of his main complaints is he's saying that he's been treated un

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or unequally or not fairly because of all the other problems

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we've had over the past year. But obviously the board knows, well, every other circumstance,

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the offender has come in and made right, uh, pretty quickly

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and also taken action almost immediately to start the process to make right.

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and that's why this particular case is being treated

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differently is because everybody else comes in and, and, and fixes

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the problem on and, and starts immediately. Everybody is

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innocent. Uh, just go over there and start asking them. Mm-hmm. Uh, jail.

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everybody's innocent. . Um, thank you, sir. Anything else?

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that's it. I'd like to close the floor. Anyone else wish to speak about

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this particular, uh, violation or jpa?

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um, I'm gonna close it, open it to the floor, close

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it. Now I'm gonna open it up to board discussion and I'd like to hear from

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everyone starting with you. You had a question that I kind shut you down. Well, I just

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based, say it again. Well, I just based that the gentleman, mr. Polowski's out of town right now. So he's not

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at his house there in captain coat. Correct? I that's what

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he's told me. And, and when I went by there, I didn't see anybody, but that's

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okay. So I, I have to say where I'm at, I know it might sound hard for us to do this,

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but I'm willing to give him a couple more months when the growing season

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and get this done. That's my first thought in regards to this. I don't feel

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like I want to impose any fines at the moment, but

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that's what, that's the way I'm leaning in that regards to give him. But I

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think it's important for him to communicate to us what is

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the timeframe that he wants. Because the way I remember, I think I was the one that

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sort of went with the discussion of april 15th, and it was my understanding

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that he would be back in the area april, may of this year. And I

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think we decide we want it done sooner than later. And that's why we

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went with april the way my memory tells me. Um, and, uh,

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that's correct. He did not give us a date. Okay. And when he did not give us a date,

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the board imposed it. Okay. And when I communicated to him, he imme, he immediately said

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he didn't agree with it. And I communicated back, I mean, the board obviously knows you

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don't agree with it. I mean, or they don't know you don't agree with it, but they imposed

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it. If you don't agree with it, then you can show up at the next meeting,

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you know, do a number of things. But, well

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then I guess maybe I'm, I'm leaning into a more of a lenient way here is

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just to ask him, when do you want it done? Is it gonna be may,

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june, july? What's, you know, what, uh, what, what, what day,

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what month would he like to have it done in this case? That's, that's how

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I'm thinking about it. Um,

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if, if the board cares about my preference, I'd prefer the board to give

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him a date because I, my communications with

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him have not been all that productive. We can let

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him kick his can down the road till we drop dead of old age if we

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don't do that. Yeah. Uh, but I, I want to go around the room, first of all,

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um, anything else, uh, I'd like to hear from the other board about this. So what I,

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mr. Ward, uh, what do you gotta say about this? Knowing of the facts and how long it's

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been in his attitude? I,

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he's not being

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very, uh, helpful in

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the situation. And

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it appears that he don't think it's any of his fault. It's our fault.

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well, if he would just abide by our decisions, everything would be good.

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I, I wouldn't mind giving him to another

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60 days, but inform him that at

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the end of the 60 days, if it's not completed,

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uh, there will be civil action statements.

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okay. Uh, my view,

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if we allow him to just continue to, uh, do nothing,

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then, uh, why shouldn't everyone expect that we've given him time

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and time and time again? Uh, I can't imagine

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with looking and getting ready to have mr. Taylor

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tell you all that needs to be done, uh, which is

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a very small thing that we all see there. Uh,

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what I suggest is that we lean on you,

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mr. Watson, to try to find him one more time and just

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flat out ask him, uh, how much longer he want

218
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wants, will he be here next month? Uh, will he

219
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have it repaired inside of next month or he just doesn't care? That's

220
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all. Talk to us police. We, we directed him to fill in plant.

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and, uh, like I said, you just happened to be there when I called him. This is what I was expected

222
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to see. But you can see the reason that really growth area,

223
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white big build. There's, there's, uh, stone sort, lake crushing

224
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nun, you know, find mills there. You, if you don't, does anybody disagree?

225
00:16:48,565 --> 00:16:52,475
maybe with that little pile of, uh, stone, uh, crushed

226
00:16:52,965 --> 00:16:56,725
stone, wasn't there, that that would, that would've, that grass would've grown? Sure. It's grown around

227
00:16:57,005 --> 00:17:00,845
it, right? It's grown around it. So to me, I would even back off on what we told

228
00:17:01,125 --> 00:17:05,045
him to do, which was filling plant, which is, and we're, and the simplest thing

229
00:17:05,325 --> 00:17:08,645
in the world would be to rake the millings

230
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out of that area. And I really think it's gonna go back on its own. And you're talking about something that would take four hours.

231
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and to me that I can't, and I can't, I, as, as a board member, and I'm the one

232
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that talked, I don't think you, I think you're gonna along way that time. I'm the one that said plant and,

233
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and, and, you know, fill in plant. But this is so much easier than filling and planting. It's

234
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just raking the st raking the stuff out where you get down to, to the natural. And I believe

235
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it will grow on its own. And that's, if you can't do that, then

236
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first of all, we gotta find out, uh, is if he's suggesting

237
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I'm doing nothing or love to, we need to find that out.

238
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uh, this is a whole lot less work and a lot less in a three year

239
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planting plan. I believe, like you said, I believe you just rake the stuff out. It would grow on its own. That's

240
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the reason why I called you and you told me what I thought. And, and, and hank had the same thinking. It would grow

241
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on its own if it didn't get choked out by the, the thick, the thick rock and

242
00:18:00,845 --> 00:18:04,285
the, and the re of it. I really think you take that out. I believe it would grow back on its own

243
00:18:05,385 --> 00:18:08,905
no matter what. Uh, gotta have a monitoring

244
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plan in place, no matter what we choose to do about this.

245
00:18:13,715 --> 00:18:17,465
let him, I think you mentioned it, a three year monitoring

246
00:18:18,205 --> 00:18:22,135
plan that we can take a look at. And, uh, if it's not growing, then

247
00:18:22,415 --> 00:18:26,395
he's gonna have to fix it no matter what. Okay. Mr. Badger got

248
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your book open. Uh, yeah. I, I I just wanna make sure that

249
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we followed the correct procedure in this, this violation.

250
00:18:34,755 --> 00:18:38,485
uh, so paul, can you kind of go over what has happened from,

251
00:18:39,515 --> 00:18:42,475
uh, when you found the violation and then, uh,

252
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uh, I know that you gave him a, a cease or you had stopped the work order

253
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on him and then, uh, then the sworn

254
00:18:52,215 --> 00:18:55,855
complaint was filed, or sworn complaint was filed for the first meeting.

255
00:18:56,615 --> 00:19:00,515
I presented that to the board mm-hmm . And then at the next meeting, I gave him notice that it

256
00:19:00,735 --> 00:19:04,655
would, the sworn complaint would be heard. Okay. And the board

257
00:19:04,935 --> 00:19:08,815
ordered a restoration plan. He provided one. There

258
00:19:09,015 --> 00:19:12,895
were a few months where we didn't have meetings. Mm-hmm . So I think it was, uh, several months

259
00:19:13,185 --> 00:19:16,935
later he provided the restoration plan. Um, at that point,

260
00:19:17,635 --> 00:19:21,215
uh, he did not have a, an overhead for the restoration

261
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plan. Mm-hmm . Uh, he provided that. And then the last issue

262
00:19:26,035 --> 00:19:29,815
was the deadline. And he did not, had not provided a deadline.

263
00:19:30,045 --> 00:19:33,755
when we got to the meeting, uh, the subsequent meeting, the board imposed the

264
00:19:34,305 --> 00:19:38,155
april 15 deadline. I would say that would probably have been the november meeting, I think off

265
00:19:38,395 --> 00:19:42,065
the top of my head, to the best of my recollection, uh, where

266
00:19:42,415 --> 00:19:46,035
the board imposed the april 15 deadline. So it was a series of mm-hmm

267
00:19:46,495 --> 00:19:50,205
. Requests that he, you know, fill in the gaps

268
00:19:50,595 --> 00:19:54,415
of his plan. Mm-hmm . So the original, uh, sworn complaint

269
00:19:54,615 --> 00:19:58,535
in the hearing, that subsequent hearing, uh, we gave him more than

270
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30 days notice. Yes. Okay. Um, I, because that's part of the process. Yes.

271
00:20:02,695 --> 00:20:06,465
okay. Yeah, I, the rules aren't exactly clear about

272
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the sworn complaint. So the, my practice is

273
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to present the sworn complaint at one meeting and then have it heard at the next meeting with 30

274
00:20:14,935 --> 00:20:18,645
days notice. Okay. Um, I, I think that follows

275
00:20:19,605 --> 00:20:23,255
what the rules require, or at least that's being safe, I think, as to what the rules require.

276
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so we, we've gone through the process. He has submitted the information

277
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for restoration. At this point, he just has not done the restoration,

278
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is that correct? That is correct. I, it certainly,

279
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if he's done it, it, it's not apparent from, from what I've seen or, or done anything.

280
00:20:41,715 --> 00:20:45,555
it, it appears as if he's done nothing but mm-hmm . I, I can't say for certain, but

281
00:20:45,775 --> 00:20:49,725
it doesn't appear as if he's done done it. So really we have two options. We can either give him

282
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another continuance for whatever number of days or whatever months,

283
00:20:54,225 --> 00:20:58,005
or we can just turn it over to, uh, the, uh, the court system.

284
00:20:58,355 --> 00:21:02,245
correct. Yes. I, I, those are two options. Uh, well, and the third option

285
00:21:02,645 --> 00:21:06,525
is to ask him if he wants to agree to a fine, but well, a fine doesn't

286
00:21:06,845 --> 00:21:10,765
take care of the problem. Uh, if that's correct, if, if he agrees to

287
00:21:10,925 --> 00:21:14,825
a fine, what happens? Uh, we, somebody spends the money to fix

288
00:21:15,045 --> 00:21:17,545
it or he has to fix it anyway. Um,

289
00:21:19,325 --> 00:21:21,515
I do not believe that

290
00:21:23,655 --> 00:21:27,355
either going to court and being fined or or accepting a fine

291
00:21:27,905 --> 00:21:31,875
from this board relieves him of his original obligation. I expect

292
00:21:32,295 --> 00:21:35,995
it. So I guess what you're saying is basically right. Yeah. And it just, once again,

293
00:21:36,415 --> 00:21:39,215
yes, uh, strikes me as, uh,

294
00:21:40,575 --> 00:21:44,475
he thinks he's right. Um, you, you everyone read the

295
00:21:44,675 --> 00:21:48,635
letter from his neighbor or neighbors that, uh, they think that he can walk

296
00:21:48,855 --> 00:21:51,055
on water, he saved them. Uh,

297
00:21:53,175 --> 00:21:57,115
but nevertheless, I think hank, you hit the nail on the head and we need to

298
00:21:57,195 --> 00:22:00,895
decide right now, uh, what we're gonna do, um,

299
00:22:03,115 --> 00:22:06,935
I guess I have a two-parter here. Do we can go with what mr.

300
00:22:07,255 --> 00:22:11,195
badger just said, extend it continuance, which I sort of

301
00:22:11,275 --> 00:22:15,275
where I'm leaning, but essentially, do we have to modify what we want

302
00:22:15,475 --> 00:22:19,265
him to do? Because what, right now, it sounds like mr. Taylor would just want him to rake

303
00:22:19,555 --> 00:22:23,385
it first and see what happens. And then if need

304
00:22:23,675 --> 00:22:27,585
be down the road, a monitoring plan, replant if it's necessary. Does

305
00:22:27,875 --> 00:22:31,595
that sums it up and, and in the real world, like you say,

306
00:22:31,915 --> 00:22:35,915
I mean, to me, that's what I was thinking. I think it was thinking that it's gonna grow back and why it's not growing back

307
00:22:36,115 --> 00:22:39,995
is, like I say, the, the, the little stone and stuff. It won't, it won't, can't

308
00:22:40,195 --> 00:22:44,175
get through it. Um, yeah, that's the original was planted and

309
00:22:44,395 --> 00:22:48,195
I think that would be, um, really a tougher grill than raking it.

310
00:22:48,695 --> 00:22:52,515
and like you say, it's, it's a lot more simple for 'em. It costs no money, costs no

311
00:22:52,715 --> 00:22:55,795
money for fuel. It costs no money for the plants.

312
00:22:57,055 --> 00:23:01,035
and, and it's going now, now when y'all, y'all were there, uh, out of that

313
00:23:01,175 --> 00:23:04,995
10, 10 area, how much is left? That's un and I know we also, we can see the reason why

314
00:23:05,195 --> 00:23:09,095
it's not grown, but what is, what is, what is that area left that's not, uh,

315
00:23:09,315 --> 00:23:13,195
vegetated in that 10 10 area? You understand what I'm saying?

316
00:23:13,465 --> 00:23:17,355
some of that 10, 10 area has already naturally grown in. Well, if that's, that's, you say, I would say

317
00:23:18,055 --> 00:23:20,175
the area in, uh,

318
00:23:22,345 --> 00:23:25,755
maybe 28 square feet out of the a hundred

319
00:23:26,445 --> 00:23:30,275
maybe. Do you underst what I'm saying? Maybe a little less. So I really feel that's what I'm saying. I really feel,

320
00:23:30,695 --> 00:23:33,585
and like we had the case of last week, it grows back.

321
00:23:35,035 --> 00:23:38,475
I could say it's already, it's right to have that and we wanna have that plant plan, but if

322
00:23:39,375 --> 00:23:43,115
storms and stuff take, takes it, as long as it grows back and we see it, it's

323
00:23:43,395 --> 00:23:47,205
growing back and, and we need to be monitoring ourselves, do the thing, seeing it going

324
00:23:47,445 --> 00:23:51,365
back. And then for, like I said, it's not, if it does go back and then storm takes and stuff,

325
00:23:51,525 --> 00:23:54,765
we already had that conversation last week and then nothing nobody can do about that.

326
00:23:56,345 --> 00:24:00,245
uh, for what god takes. But again, I could say that's what, that's what my thinking was when I called

327
00:24:00,445 --> 00:24:03,965
you. And to me, I could say, and it would take

328
00:24:04,515 --> 00:24:07,525
very little time for the, and like I said, if, if you, if you can't do that,

329
00:24:09,035 --> 00:24:12,775
it's not gonna work out. So I think we're at the point we either

330
00:24:13,125 --> 00:24:16,715
need to stick with what we've already given him extensions for

331
00:24:17,275 --> 00:24:20,585
and determine how much more time he needs. We'll,

332
00:24:22,035 --> 00:24:25,995
uh, say you get half that, you get all that or change the

333
00:24:26,215 --> 00:24:30,175
whole game and do what you're talking about. Call him, give him x

334
00:24:30,295 --> 00:24:34,215
number of days to get that done, or we're going to file. Is that where we stand right now?

335
00:24:36,045 --> 00:24:39,855
yeah. I, I don't stand there. Uh, no sir. We are gonna vote on if there's a,

336
00:24:40,555 --> 00:24:44,365
if we change it, there'll be a vote. Yeah. I don't want, I, I I know. Okay.

337
00:24:45,235 --> 00:24:49,095
um, and I would just add logistically, uh, we don't have anything to

338
00:24:49,295 --> 00:24:52,885
be heard in may. So the next time we're going to the, the board will meet will be june.

339
00:24:53,835 --> 00:24:56,615
oh, there's nothing next month. I, alright. I, I,

340
00:24:58,935 --> 00:25:02,935
I would think I'm correct on this. Um, I think

341
00:25:03,055 --> 00:25:06,675
we're at the point in time that we need to,

342
00:25:07,475 --> 00:25:09,615
if anyone has a, a change

343
00:25:11,745 --> 00:25:15,565
in what should be done other than how we stand with this gentleman right now,

344
00:25:15,965 --> 00:25:18,865
I think it's time for a motion

345
00:25:21,185 --> 00:25:24,845
to change it. Whether we vote, whether it passes or not.

346
00:25:25,225 --> 00:25:28,945
but I think that is the way to go. And then we will go from there, uh,

347
00:25:29,465 --> 00:25:33,395
and instruct mr. Watson how to get that done. Carry on. So, okay.

348
00:25:33,825 --> 00:25:36,955
I'm sorry mr. Chair. Carry on. Okay. So unfortunately

349
00:25:37,925 --> 00:25:41,455
I was not here at the july meeting back in 2025. Right?

350
00:25:41,985 --> 00:25:45,725
so the game plan was for him to clean up the, rake it up, then

351
00:25:46,175 --> 00:25:49,945
plant it, fill, fill, implant, fill and plant fill implant and, and,

352
00:25:50,425 --> 00:25:54,025
and monitor. And monitor. Okay. Got that. Got that. Yeah. All

353
00:25:54,945 --> 00:25:58,725
and the fill was where it's needed, sir. The fill was where, where it was needed.

354
00:25:59,025 --> 00:26:02,665
not, not the hole. Okay, very good. You, you with us on that? Yeah, but

355
00:26:05,525 --> 00:26:09,405
I feel like we're bending over too far. Great. It's coming to

356
00:26:09,605 --> 00:26:12,145
you. Hold on. Uh, so

357
00:26:15,125 --> 00:26:18,985
I think we could sit here and beat this to death, but we're not going to, if

358
00:26:19,345 --> 00:26:23,225
anyone would like to make a motion to change

359
00:26:24,955 --> 00:26:28,585
what we have already told him to do and he is,

360
00:26:29,065 --> 00:26:32,585
uh, delinquent, then I ask for a motion now.

361
00:26:33,605 --> 00:26:37,335
well, in the real world, like you're saying, as long as he know it's fill or need,

362
00:26:38,985 --> 00:26:42,845
you understand what I'm saying? No, that has to be, well, like I said, that's what we're talking about. The

363
00:26:43,125 --> 00:26:46,965
fill that doesn't isn't the whole place they call it right now. If you fill it, you're gonna be filling over marsh grass.

364
00:26:48,315 --> 00:26:52,005
you understand what I'm saying? Right now that in that 10% area, a lot of that has already been, already

365
00:26:52,495 --> 00:26:56,375
been reged on its own. So like you say, it is gotta be raked anyway or

366
00:26:56,575 --> 00:27:00,535
nothing's gonna grow there anyhow. You can put all the fill onto it and planted all you want that it's gonna be choked off

367
00:27:00,655 --> 00:27:04,355
by the rock down below. So either kind of way it's gotta be rigged either

368
00:27:04,775 --> 00:27:08,735
way. It does it. And just like you say, places that don't have

369
00:27:08,855 --> 00:27:12,135
the grass, because I don't see the sense in filling the grass that's already there.

370
00:27:13,205 --> 00:27:16,935
that to me don't make any sense. So if we give him a, I'm just

371
00:27:17,275 --> 00:27:21,215
put this out deadline, say june, are we expecting

372
00:27:21,695 --> 00:27:24,895
the area to be raked and filled with plantings where needed?

373
00:27:26,175 --> 00:27:30,085
is that correct? If we give 'em that deadline that's not already going

374
00:27:30,285 --> 00:27:34,085
back on it on. Well, I don't know if it's gonna grow back. No, I'm talking there's, there's

375
00:27:34,365 --> 00:27:38,105
area that 10 by 10 areas already been growing back on. It's on. Alright, so

376
00:27:38,425 --> 00:27:42,085
I'm I'm I'm sorry, go ahead. So if we choose, since we've got no meeting

377
00:27:42,555 --> 00:27:46,425
next month, uh, we stick with what we have, but

378
00:27:46,705 --> 00:27:49,845
an extension through june, is that what we're talking about?

379
00:27:51,325 --> 00:27:55,245
I I I think that's good. Is that what we're talking about? Everybody? Do y'all, do y'all see

380
00:27:55,365 --> 00:27:59,365
the sense and filling the grass that's already been, that's already come back on

381
00:27:59,485 --> 00:28:03,325
the phone. That's, I don't think we're talking about filling the grass. We we're, I don't think that's

382
00:28:03,525 --> 00:28:07,365
so area, the area that needs to be would need to be filled. Now you said it's, uh, how many square

383
00:28:07,605 --> 00:28:11,505
foot? Um, I mean

384
00:28:11,625 --> 00:28:15,265
it's a little hard to tell. I think you can see from these pictures that has the, it was

385
00:28:15,785 --> 00:28:19,605
a hundred was right and, and now it's what, uh,

386
00:28:20,285 --> 00:28:23,945
say 85. It's 80 to 90, 80 call, let's call it 85.

387
00:28:24,925 --> 00:28:28,375
all right. So, uh, if we're gonna give them extension,

388
00:28:29,005 --> 00:28:31,965
we need a motion, uh, that the

389
00:28:33,565 --> 00:28:36,805
85 square feet needs to be filled,

390
00:28:37,775 --> 00:28:41,665
planted, monitored. It is

391
00:28:41,825 --> 00:28:44,385
a little difficult because what's growing is interspersed

392
00:28:46,355 --> 00:28:50,305
rocks and why not? Uh, a hundred feet less anything

393
00:28:50,385 --> 00:28:53,885
that has growth. Alright. Uh,

394
00:28:55,335 --> 00:28:59,285
talk to me everybody. And also we should address the gavin basket. Those gavin basket has

395
00:28:59,505 --> 00:29:03,505
nothing to do to what we we're using as a clearing house. It has nothing to do with

396
00:29:03,585 --> 00:29:07,505
us. We know that he knows it. You know it, everybody knows it. He's just

397
00:29:07,625 --> 00:29:11,265
using it as an excuse. It doesn't matter. It doesn't even need to be in the motion.

398
00:29:12,405 --> 00:29:16,145
so I want a motion. Please ask for a motion,

399
00:29:16,885 --> 00:29:20,815
sir. Mr. I'll make the motion. Mr. I'll make the motion that

400
00:29:21,125 --> 00:29:24,625
we extend the deadline for getting the planted where needed

401
00:29:25,645 --> 00:29:29,565
for the area for the michael pala complaint. And

402
00:29:29,785 --> 00:29:33,055
we give him a deadline of, I'd say june 30th, 2026.

403
00:29:37,175 --> 00:29:40,925
june meeting. June meeting. Well, I'd ask for it to be, oh, approximately

404
00:29:41,805 --> 00:29:45,805
a week before the meeting. So, okay. Excuse me. Let me, let me, let me re I make the

405
00:29:46,005 --> 00:29:49,125
motion that we have a deadline of june 15th, 2026

406
00:29:52,265 --> 00:29:54,795
for the, for the, uh, michael pulaski

407
00:29:56,365 --> 00:29:59,845
complaint and have it so that the stone is removed

408
00:30:00,425 --> 00:30:04,395
and plannings are done when ne where necessary. And with

409
00:30:04,805 --> 00:30:08,625
a monitoring plan over three years, do

410
00:30:08,845 --> 00:30:12,085
we need a tax map, jpa or anything in that motion? Or is that predetermined?

411
00:30:13,045 --> 00:30:16,835
I, I I think, I think it's, I think we all understand. Okay.

412
00:30:17,355 --> 00:30:20,805
alright. So you got that. Alright. Everybody understand the motion?

413
00:30:21,625 --> 00:30:25,225
second please. I'll second. Second. Mr. Ward,

414
00:30:25,985 --> 00:30:29,825
uh, let's vote. Aye aye. Aye.

415
00:30:30,195 --> 00:30:34,165
okay, we're in favor of that. Uh, ginger, you got all that? You got any

416
00:30:34,445 --> 00:30:37,445
questions? No. Alright. That's the way it's gonna be

417
00:30:38,855 --> 00:30:42,785
just after the motion here, just for your informational purposes. He obviously sent

418
00:30:43,025 --> 00:30:46,405
in a lot of paperwork and just to let you know, in,

419
00:30:47,205 --> 00:30:51,145
uh, exhibit b, number seven, he talked about all the things

420
00:30:51,265 --> 00:30:55,265
he would like the wetlands board to do. That's right. So if you, uh, I, I know

421
00:30:55,545 --> 00:30:59,465
it's a lot of paperwork, but he sort of had it in the exhibit b. So if you wanna take

422
00:30:59,625 --> 00:31:03,225
a look at that. But again, what mr. Watson talked about, it was more of an enforcement

423
00:31:03,915 --> 00:31:07,305
issue, which may or may not be within our jurisdiction.

424
00:31:08,585 --> 00:31:12,385
probably in that case, everybody's got this in it. Mm-hmm .

425
00:31:12,765 --> 00:31:16,695
any questions? Uh, I think that, uh, in the enforcement,

426
00:31:17,645 --> 00:31:21,645
uh, we've already done our job and he

427
00:31:21,885 --> 00:31:25,865
can bring it to the table if he chooses. I do

428
00:31:25,985 --> 00:31:29,525
have one more last question. Is that, I mean, we talked about, there's two things. We talked about the old

429
00:31:30,135 --> 00:31:33,665
seawall that goes back to 1970 that was there.

430
00:31:34,215 --> 00:31:37,385
does anyone ever have a picture of that? Is there, I I, I,

431
00:31:38,465 --> 00:31:42,465
I, I have a house there. Was it 1977? Yeah. And clammed out in

432
00:31:42,545 --> 00:31:46,315
that area. I think the reason why I took 'em down 'cause the, the wire got where

433
00:31:46,665 --> 00:31:50,105
you, it got close to the chy, but the rocks actually, the rocks ain't going nowhere.

434
00:31:50,805 --> 00:31:53,825
why they took it down. I mean, it was, it was, it was your, the organization

435
00:31:54,945 --> 00:31:58,705
, you know what I mean? That, that wanted it out there. Don't ask me why. So that was back in, because it was protection

436
00:31:59,065 --> 00:32:03,025
and it was protection. So did that get taken out back in the seventies? No, it was

437
00:32:03,105 --> 00:32:07,065
there in the seventies. Okay. That wasn't that long ago. I mean, it was, I believe if you look

438
00:32:07,225 --> 00:32:10,605
at the county mapping site, you can go back to 2002

439
00:32:12,565 --> 00:32:16,505
and you can see like the outline in the water. It's not

440
00:32:16,585 --> 00:32:20,425
been that of where it was at that time. Okay. Very good. Thank you.

441
00:32:21,375 --> 00:32:25,105
okay, uh, let's move on, shall we?

442
00:32:26,515 --> 00:32:29,535
we're gonna continue with the old business. This is subject 4.02

443
00:32:32,065 --> 00:32:34,405
jpa is 2 0 2 4 dash 2360.

444
00:32:36,165 --> 00:32:38,655
it is the planting, uh, plan

445
00:32:40,305 --> 00:32:42,625
for cedar island. Um,

446
00:32:45,835 --> 00:32:49,575
everybody knows, uh, this is now the third month

447
00:32:50,345 --> 00:32:54,265
for the, uh, when they originally were here. Uh, we

448
00:32:54,575 --> 00:32:58,385
asked for a five year monitoring plan and um,

449
00:32:59,765 --> 00:33:03,645
I think we might have some more information on that. So sir, would you

450
00:33:04,075 --> 00:33:07,805
enlighten us? So the only outstanding issue was the board's

451
00:33:08,245 --> 00:33:11,895
inquiry as to whether the county had any liability under this planting plan. Right.

452
00:33:12,305 --> 00:33:16,045
uh, the county attorney has reviewed the memorandum of understanding

453
00:33:16,525 --> 00:33:20,505
between vims and the county and she has clearly stated to me that all

454
00:33:21,005 --> 00:33:24,885
liabilities on vims, none on the county. Uh, so there was no concern

455
00:33:25,555 --> 00:33:29,445
from the county that the board was placing any liability on the county.

456
00:33:30,025 --> 00:33:33,965
and I believe that answers the board's question. At least

457
00:33:34,165 --> 00:33:38,165
I hope it does. 'cause that's what I'm trying to be. Uh, if, if that's the way it is, then that certainly

458
00:33:38,605 --> 00:33:42,445
answers her question. Does, I guess my question,

459
00:33:43,225 --> 00:33:46,145
why did them come to the county to put their name on it anyway?

460
00:33:47,945 --> 00:33:50,685
um, I, I

461
00:33:52,605 --> 00:33:56,285
probably needed a local sponsor. I, I think the grant money need needed a local sponsor.

462
00:33:56,885 --> 00:34:00,755
I think maybe to assist in the grant funding. Um, I'm, I'm not exactly sure,

463
00:34:01,145 --> 00:34:04,915
but I, I have been in the, at the periphery of those discussions,

464
00:34:05,705 --> 00:34:09,085
so I, I can't say for certain, but I do know that it was some technicality

465
00:34:09,875 --> 00:34:13,665
that assisted in the, in the funding or, or in

466
00:34:13,885 --> 00:34:17,765
some aspect of the project because we own nothing there most I'm the owner that comes before

467
00:34:18,165 --> 00:34:21,085
you list. Yeah. Just sound at the legal part of it.

468
00:34:22,945 --> 00:34:25,975
so is there any action, uh, any discussion

469
00:34:27,715 --> 00:34:31,705
regarding that? We only had one question. I guess the rest is,

470
00:34:32,025 --> 00:34:35,925
uh, already predetermined and, and

471
00:34:36,125 --> 00:34:39,985
I'll just say as a follow up, we, we have the, uh, permit ready for

472
00:34:40,205 --> 00:34:44,045
your signature after the meeting today. Now that that's been resolved. Yes, sir. And, and, and

473
00:34:44,285 --> 00:34:48,235
I have communicated with stantec about that, about the timing and they were fine with

474
00:34:48,525 --> 00:34:52,405
it being signed. You know, they weren't waiting to start construction of

475
00:34:52,565 --> 00:34:56,385
this whole thing. I'll just put it that way. . Alright, anyone?

476
00:34:57,025 --> 00:35:00,625
uh, let's, let's do this. We're gonna close it. Uh, anyone

477
00:35:01,045 --> 00:35:04,485
else wishing to speak about this particular jpa

478
00:35:06,295 --> 00:35:09,425
close the floor public comment? Close the floor, uh,

479
00:35:10,845 --> 00:35:14,335
open to board discussion. Mr. Watson, any questions

480
00:35:15,165 --> 00:35:18,475
regarding it? I think we have done about everything we're gonna do.

481
00:35:19,235 --> 00:35:23,095
uh, and I'm looking at you. You have any questions? You weren't

482
00:35:23,455 --> 00:35:27,155
here last month. Do you know how we stand? Mm-hmm

483
00:35:27,615 --> 00:35:31,535
. No. Okay. I'm fine. So there is no motion, no need for a vote.

484
00:35:31,945 --> 00:35:35,875
we're just good to go. And I'll sign it after the meeting. Is that the way it goes? Yes.

485
00:35:36,725 --> 00:35:39,585
okay, we're moving ahead. Thank you, sir.

486
00:35:41,355 --> 00:35:44,515
next, still on old business 4.03

487
00:35:46,355 --> 00:35:49,545
amended. Jpa 2 0 2 5 dash 1263

488
00:35:51,485 --> 00:35:55,025
bic. Um, mr. Watson. Um,

489
00:35:55,625 --> 00:35:59,345
so there were a couple of issues that were, uh,

490
00:35:59,785 --> 00:36:03,685
raised at the last hearing. The board want to continue the matter so it could

491
00:36:03,845 --> 00:36:07,525
have a little more information to resolve those issues. The first is whether they're

492
00:36:07,925 --> 00:36:11,805
wetlands underneath this dock or platform. I made a,

493
00:36:12,115 --> 00:36:15,565
well, several site visits and I've got a picture each time.

494
00:36:16,665 --> 00:36:20,445
uh, this was on april the 13th. Um, obviously I'm laying

495
00:36:20,865 --> 00:36:24,865
on my stomach taking a picture underneath the dock. This was, uh, at

496
00:36:25,085 --> 00:36:28,765
11:28 am on april 13th, which was about 27

497
00:36:29,445 --> 00:36:32,105
minutes before low tide. Um,

498
00:36:33,565 --> 00:36:37,485
I actually checked the moon phase two. This was a little bit lower than normal tide, three

499
00:36:37,765 --> 00:36:41,525
inches lower than normal tide. Uh, it was a pretty good breeze that

500
00:36:41,805 --> 00:36:45,385
day, maybe 15, 20 mile an hour breeze. Um,

501
00:36:45,825 --> 00:36:48,925
but as you can see on that day, there were a lot of wetlands under the dock.

502
00:36:49,985 --> 00:36:52,605
um, the next visit was on april the 16th.

503
00:36:54,385 --> 00:36:58,055
um, this was at 1:37 pm which

504
00:36:58,405 --> 00:37:01,365
was about 23 minutes before low tide that day.

505
00:37:02,755 --> 00:37:06,245
that low tide was one inch lower than normal. Um, on the moon phase,

506
00:37:07,135 --> 00:37:10,265
which is probably about equal out with me being there 23

507
00:37:11,205 --> 00:37:14,785
minutes or so before low tide, that actual low tide, uh,

508
00:37:15,675 --> 00:37:19,105
much, uh, maybe 10 mile an hour breeze that day. Um,

509
00:37:20,225 --> 00:37:24,225
and then finally, uh, monday evening, which was the 21st of april at

510
00:37:24,445 --> 00:37:26,505
5 47. Um,

511
00:37:28,595 --> 00:37:32,445
five mile an hour breeze at most, this was at 5 47 for a 6 0 8

512
00:37:33,025 --> 00:37:36,925
low tide. So about 20 minutes before low tide. And this moon phase

513
00:37:37,585 --> 00:37:41,565
had it almost at a zero tide of, I think

514
00:37:41,725 --> 00:37:44,815
it was negative point, uh, five or 0.05

515
00:37:46,235 --> 00:37:50,155
feet tied. So maybe like a half inch lower than normal, almost a normal tide,

516
00:37:50,515 --> 00:37:53,905
mean low tide. And this was, again, 20 minutes before low tide, almost

517
00:37:54,825 --> 00:37:58,765
no wind whatsoever. Um, uh, alright.

518
00:37:59,555 --> 00:38:03,055
and my estimate of using the measurements we took

519
00:38:03,595 --> 00:38:07,495
and acro mapt is that is about, well I would say a

520
00:38:07,615 --> 00:38:11,015
conservative estimate is it's 240 square feet of wetlands underneath

521
00:38:11,885 --> 00:38:15,365
that, uh, new portion of the dock

522
00:38:16,015 --> 00:38:19,755
platform. Alright, anything else, sir?

523
00:38:20,315 --> 00:38:23,855
so that's the first issue. Um, the second issue

524
00:38:24,705 --> 00:38:28,695
was the, uh, uh, whether,

525
00:38:31,605 --> 00:38:35,075
I guess it was two parts. Number one, whether, uh, multi-user docs

526
00:38:36,355 --> 00:38:40,305
require a local wetlands board permit and

527
00:38:40,845 --> 00:38:44,715
bmrc does require, I guess a, they're,

528
00:38:45,205 --> 00:38:48,705
well, they're not exempt from review of a multi-user here. Our,

529
00:38:49,225 --> 00:38:52,805
uh, our ordinance uses the word non-commercial,

530
00:38:54,025 --> 00:38:57,545
uh, non-commercial peers that's correct. Are exempt. So,

531
00:38:58,145 --> 00:39:01,905
um, I've communicated with bmrc about that. And that is,

532
00:39:02,585 --> 00:39:06,405
uh, how our wetlands board or any wetlands board wants

533
00:39:06,645 --> 00:39:10,645
to interpret that language, um, is up to the wetlands board.

534
00:39:10,945 --> 00:39:14,885
so the wetlands board could determine that a multi-user peer requires a permit

535
00:39:15,745 --> 00:39:19,605
to be, to have the same, uh, standard that vmrc does.

536
00:39:19,945 --> 00:39:22,185
or it could, uh,

537
00:39:24,385 --> 00:39:28,285
I guess go with the non-commercial commercial definition, um, and,

538
00:39:28,505 --> 00:39:32,365
and just require commercial peers to, uh,

539
00:39:33,005 --> 00:39:36,705
or non-commercial peers to be exempt. Um, that's

540
00:39:37,625 --> 00:39:41,365
one part of the next issue of this issue. Another part of this issue is whether

541
00:39:42,475 --> 00:39:45,965
this structure is actually

542
00:39:46,805 --> 00:39:50,325
a peer, uh, meaning this is the new section

543
00:39:50,875 --> 00:39:53,645
approximately here, and it is,

544
00:39:55,175 --> 00:39:59,115
I guess otherwise it's just a platform over the water, meaning how big

545
00:39:59,335 --> 00:40:02,535
of a pier can you have before you call it something else.

546
00:40:03,475 --> 00:40:07,415
um, so the board has two issues there as to

547
00:40:07,535 --> 00:40:10,175
how it wants to characterize what we have here.

548
00:40:11,705 --> 00:40:15,545
and then the final issue that was raised was the, uh,

549
00:40:15,835 --> 00:40:18,525
what had happened back in, I believe january of 2025.

550
00:40:20,625 --> 00:40:24,565
at that point, the bulkhead was constructed out to where this

551
00:40:25,125 --> 00:40:29,055
platform was. Um, bick was ordered to pull it back, which

552
00:40:29,335 --> 00:40:33,175
it did, and also was assessed a penalty for the wetlands

553
00:40:33,735 --> 00:40:37,455
that were destroyed. And, uh, there was discussion

554
00:40:38,015 --> 00:40:42,015
about whether vic had, I guess, already paid for these

555
00:40:42,175 --> 00:40:46,125
wetlands. And that is not what

556
00:40:46,895 --> 00:40:50,775
happened. It's a penalty, it was not mitigation. Those are two different

557
00:40:51,095 --> 00:40:54,955
things. I have looked at the minutes and the minutes do

558
00:40:55,195 --> 00:40:58,805
say that, but I do not believe, uh, that

559
00:40:59,275 --> 00:41:03,275
it was possible for it to be mitigation because it

560
00:41:03,495 --> 00:41:07,075
was a, a penalty as opposed to mitigation. Meaning once he,

561
00:41:07,565 --> 00:41:11,455
once you pay it, you don't, paul read that and, and I've read it

562
00:41:11,615 --> 00:41:15,535
and I've read the minutes too. It don't mean nothing to you. What's that? That paper means nothing to you.

563
00:41:17,215 --> 00:41:21,175
I would say that if it was mitigation, then mr.

564
00:41:21,525 --> 00:41:25,235
britton should have been allowed to keep a bulkhead there because that's

565
00:41:25,655 --> 00:41:29,055
what it means. It means, no, I'm the one that done the, I'm the one that done the,

566
00:41:29,955 --> 00:41:33,905
um, I I've got the minutes right here and I good. You read, read, do the, do the do

567
00:41:34,125 --> 00:41:37,965
the thing. And I know I did it. And the reason why he had to pay for it, he, he restored

568
00:41:38,165 --> 00:41:42,165
it. Do you agree that he restored it? Do you agree or not? It's restored wetlands. Am

569
00:41:42,245 --> 00:41:46,065
I right or wrong? Am I right or wrong? I I I don't know. I mean, you

570
00:41:46,285 --> 00:41:49,925
just said it was wetlands under there. We all just looked at it. It's it's restored wetlands. It's restored wetlands.

571
00:41:51,005 --> 00:41:55,005
I mean, I'm not, I wasn't involved in that, so I'm not sure it's restored wetlands.

572
00:41:55,365 --> 00:41:58,285
it's restored wetlands. Okay. I'm the one that made a motion,

573
00:41:59,745 --> 00:42:03,645
sister and I, and, and, no, no, no, no. Hold up. And I agree that that was what

574
00:42:03,885 --> 00:42:07,795
was motion. The reason I made didn't pay for it because there was no way that the, uh,

575
00:42:08,555 --> 00:42:12,475
the, we, the, uh, vegetative wetlands is gonna live there. If you, if you do need, if

576
00:42:12,695 --> 00:42:16,455
you do a pullback for the years, it's amazing how much those, those, uh, vegetated wetlands

577
00:42:16,895 --> 00:42:20,885
pull back vegetation wasn't gonna live there. So I didn't even pay for it. It's in black

578
00:42:21,125 --> 00:42:25,125
and white. It's in the minutes. It's on tape. You can't believe me.

579
00:42:25,705 --> 00:42:29,685
and it's done. I'm sorry. This is a

580
00:42:29,805 --> 00:42:33,805
one-on-one. There's, there's the thing. And like I said, it's, it's on

581
00:42:34,025 --> 00:42:37,985
tape. That's why I made him pay for it. That's the reason I made him

582
00:42:38,105 --> 00:42:41,925
pay for it, because the vegetation wasn't gonna let there, I made him restore it. He

583
00:42:42,145 --> 00:42:46,085
did it. He could and we made him pay for it because vegetation was not

584
00:42:46,205 --> 00:42:50,205
gonna go back there. Yeah, it's, it, it, it's there. And blacking

585
00:42:50,485 --> 00:42:54,325
white, it's on the, it's on the whole thing. I made the motion. I I I'm not disagreeing with any of that.

586
00:42:54,505 --> 00:42:58,265
no, then I'm confused. Well, just because you were, you pay

587
00:42:58,545 --> 00:43:02,445
for the, uh, loss of vegetated wetlands doesn't mean you give up the jurisdiction.

588
00:43:03,345 --> 00:43:07,025
no. Of the vegetative wetlands are the, the wetlands that's there now.

589
00:43:08,365 --> 00:43:12,325
I agree. I made you pay for it because it had paid for, it was because the vegetation wasn't gonna

590
00:43:12,445 --> 00:43:16,325
grow that mm-hmm . But he's, that's not what they're being told to me right now. Well, just to be clear, he

591
00:43:16,485 --> 00:43:20,285
says a fine, it's not a fine, it was in lieu of fee. It's sitting right there in black and white. If that means nothing,

592
00:43:20,525 --> 00:43:24,235
then I'm just crazy. Well, okay, so my point was only that

593
00:43:25,465 --> 00:43:27,875
at least I thought there was a suggestion that

594
00:43:29,745 --> 00:43:33,525
now bick was entitled to do this

595
00:43:34,205 --> 00:43:37,845
'cause they had paid that. Mm-hmm. And, and, and that,

596
00:43:38,275 --> 00:43:41,765
that was my only point, is that I thought that was the remaining issue

597
00:43:42,345 --> 00:43:46,145
was whether or not they were entitled to

598
00:43:46,375 --> 00:43:50,285
cover up or affect these wetlands because of what had happened

599
00:43:50,405 --> 00:43:54,355
back in january. And my suggestion is, is the, those are two very

600
00:43:54,645 --> 00:43:58,605
different things. I'm not saying it's entitled. Okay. I'm saying it's not, you're saying

601
00:43:58,685 --> 00:44:02,685
it's a fine, it's not a fine, it's in lieu of fee. It's written there in black and white.

602
00:44:03,405 --> 00:44:07,405
I made him pay for it because that vegetation was not gonna grow and he had to

603
00:44:07,485 --> 00:44:11,405
restore it. That's the double thing. That was the double thing. He's restored it. You all admitted it. It's

604
00:44:11,645 --> 00:44:15,565
wetland's there. Alright. It's restored wetland's. What difference does it make if you call it

605
00:44:15,685 --> 00:44:19,525
a fine or it's, we're not even addressing that issue. I guess the question is, who was the

606
00:44:19,725 --> 00:44:23,245
check written out to? I mean, is this, isn't there map county

607
00:44:23,985 --> 00:44:27,825
weapon? I mean to the, for the, uh, in low fee fund, that's

608
00:44:28,245 --> 00:44:32,075
where a check is made out to. Okay, I got a check here. Okay.

609
00:44:32,595 --> 00:44:36,365
alright. So it's, if it's made out to, it's not a fine, it's made out for the, for, for the

610
00:44:37,075 --> 00:44:40,935
recoverable wetlands loss, loss of vegetative wetlands. Mm-hmm . Okay. So let's,

611
00:44:41,285 --> 00:44:44,715
let's assume you are correct and it is paid,

612
00:44:45,625 --> 00:44:49,225
it is finished. Uh, now

613
00:44:50,705 --> 00:44:54,525
what's next with this amended? Jpa, do you have

614
00:44:54,745 --> 00:44:58,435
any other future comment? A violation theoretically

615
00:44:59,945 --> 00:45:03,285
has been cured and there is a

616
00:45:04,035 --> 00:45:08,005
amended jpa, so so in january,

617
00:45:08,945 --> 00:45:12,685
um, of course the bulkhead was taken back and that violation

618
00:45:13,125 --> 00:45:16,865
was completely taken care of at that time. Yes, sir. So now we

619
00:45:17,155 --> 00:45:20,385
have a new violation, which was,

620
00:45:21,185 --> 00:45:25,085
uh, that this was constructed without a permit. Um, this is an after the fact.

621
00:45:25,445 --> 00:45:28,925
jpa. Yep. And that it is over wetlands.

622
00:45:30,145 --> 00:45:34,045
um, I would suggest that we have seen it's over wetlands and now the

623
00:45:34,205 --> 00:45:37,805
board, um, has a couple decisions to make. Number one, whether

624
00:45:39,065 --> 00:45:42,725
to determine whether this is exempt as multi-user or it needs

625
00:45:43,085 --> 00:45:47,085
a hearing as a multi-user. Uh, number two, whether this is actually a peer

626
00:45:47,545 --> 00:45:50,165
or something else. And then number three,

627
00:45:52,825 --> 00:45:56,825
if the board determines that this is not a permitted use and

628
00:45:57,105 --> 00:46:00,505
is over wetlands, that it, uh, that, uh,

629
00:46:01,745 --> 00:46:05,585
at least, at least from what I understood at the last hearing was whether or

630
00:46:05,805 --> 00:46:09,745
not that had already been paid or not. And I'm suggesting that for

631
00:46:09,965 --> 00:46:13,875
this new violation that those wetlands have, that

632
00:46:14,185 --> 00:46:17,685
the board would need new compensation for those wetlands for this new violation.

633
00:46:18,905 --> 00:46:22,485
um, so those, so those are the issues that I see before the board.

634
00:46:23,465 --> 00:46:27,445
can I, can I do something mr. Chairman? Uh, no. Hold on. . Um,

635
00:46:27,945 --> 00:46:31,925
is there anything else regarding, uh, the new compensation? Do you want

636
00:46:32,125 --> 00:46:35,705
to tell us of what? Square footage, anything like that? Um,

637
00:46:36,585 --> 00:46:40,265
240 square feet. That's right. Okay. So

638
00:46:41,265 --> 00:46:44,965
if you'll allow, uh, mr. Britton, your time's coming.

639
00:46:45,385 --> 00:46:49,285
go ahead eugene wayne, see if you agree or disagree with that. In virginia, a private

640
00:46:49,595 --> 00:46:53,565
dock, non-commercial, peter overstate owned submerged lands. Do you, do you, are you telling me

641
00:46:53,685 --> 00:46:57,245
that that, that we just seen it low tide it. Who owes that property?

642
00:46:59,165 --> 00:47:03,165
I know y'all have jurisdiction, I promise you I know that. But who owns, who owns its name on state owned property? But that's

643
00:47:03,445 --> 00:47:07,305
his, that lo that that's his, uh, marshal, I mean his, uh,

644
00:47:08,265 --> 00:47:12,245
not, uh, g dan's soba. Yeah, so well, his name well call sub

645
00:47:12,665 --> 00:47:16,465
on low tide. It's, he physically owns, what is your point? Uh, who

646
00:47:17,475 --> 00:47:21,425
owns it? I have the tax map here that shows the parcel. He owns it, right? You

647
00:47:21,645 --> 00:47:25,405
agree? Yes. Just like, just about everybody. But even like I say, yeah, virginia private

648
00:47:25,835 --> 00:47:29,365
dock, this is, even overstate owns . He, he would own it just like

649
00:47:29,915 --> 00:47:33,795
anybody based on what saying. Right. But what I'm saying, there's a difference between private docket, public dock, private

650
00:47:34,285 --> 00:47:37,955
dock, noncommercial, people over state owned, which this indicates it's his own, uh, basically

651
00:47:38,565 --> 00:47:41,885
what we're talking about, uh, owned submerged lands for, uh, non-commercial

652
00:47:42,825 --> 00:47:46,725
use, but not open to the general public, like you said, town of shank tank just

653
00:47:46,885 --> 00:47:50,845
bought a park there. Two and a quarter acres. I guarantee he'll have a sign

654
00:47:51,005 --> 00:47:54,465
there not open to the public because we'd be out there using it. Uh,

655
00:47:55,165 --> 00:47:58,725
a big part. I'm sure that's, like I said, if it was open to the public, everybody on that,

656
00:47:59,345 --> 00:48:03,285
that's using that two and a quarter, uh, acre park we just bought, we'd be using his dock

657
00:48:03,845 --> 00:48:07,635
. Know what I'm saying? It'll be a private, it'll be a private sign. There are, I'm sure that

658
00:48:07,925 --> 00:48:11,865
process. So in north hampton county, I know they treat a multi-user dock as

659
00:48:12,245 --> 00:48:15,565
a, uh, they, it is not exempt.

660
00:48:16,505 --> 00:48:20,415
um, my understanding is that many other counties in virginia treat multi

661
00:48:20,765 --> 00:48:24,485
users is not exempt, but some do. And, and that is at the board's

662
00:48:24,965 --> 00:48:28,885
discretion as to how it wants to handle that. As of this minute, that has been how

663
00:48:29,045 --> 00:48:32,905
we've been doing it though, right? Yes. Uh, yeah. That and,

664
00:48:33,265 --> 00:48:36,845
and, uh, that's my understanding. Yes. And, and I had a conversation with vmrc

665
00:48:37,365 --> 00:48:41,045
about this several months ago, and then since the last meeting, I wanted to make sure

666
00:48:41,475 --> 00:48:45,405
that I have reported that correctly. Um, but it was my understanding that's how the board's

667
00:48:45,685 --> 00:48:49,075
treated in the past. I just wanted to bring that issue up. Um, because

668
00:48:49,945 --> 00:48:53,885
it doesn't get before the board very often. Hank uh, I want you

669
00:48:53,965 --> 00:48:57,705
to hold up. I know you've got something to do. Alright. Thank you sir. Um,

670
00:48:59,305 --> 00:49:02,525
uh, representing, uh, bic is mr. Raymond

671
00:49:03,595 --> 00:49:07,425
britton jr. Uh, sit where you are. Do you affirm or swear you

672
00:49:07,645 --> 00:49:11,085
tell the truth, whole truth and nothing but the truth in all matters before this board,

673
00:49:11,685 --> 00:49:15,305
I do stay where you are. Please speak up or pull that down or something. Uh,

674
00:49:16,385 --> 00:49:19,715
we were permitted for 300 and, uh, 50 foot,

675
00:49:20,585 --> 00:49:23,015
six foot wide field. Almost the s bottom right.

676
00:49:24,665 --> 00:49:28,585
we only built 265 foot of it, right? So

677
00:49:28,805 --> 00:49:32,715
we left the other 90 feet out there. I didn't touch

678
00:49:32,835 --> 00:49:36,715
it. We came back when we made us move to bulkhead, which was done

679
00:49:36,915 --> 00:49:40,875
by mistake, I was out of town. My boys did it. Not knowing that it

680
00:49:41,035 --> 00:49:44,795
was wrong. We, as soon as beth called my attention to her, I immediately

681
00:49:45,275 --> 00:49:49,235
said, I'll do what you say. And we moved it. That put

682
00:49:49,595 --> 00:49:53,315
a pier outside of the bulkhead. I said, well, I can extend it. Pier

683
00:49:54,505 --> 00:49:58,235
back in 1521 feet just changed my starting point.

684
00:49:58,975 --> 00:50:02,915
I'm still not exceeding the 350 feet that I was allowed.

685
00:50:03,855 --> 00:50:05,995
I'm only up to 290 feet down.

686
00:50:08,335 --> 00:50:12,005
so we enclosed that little, had those pieces there about six foot by 15, there

687
00:50:12,355 --> 00:50:14,355
would've been a gap in there. So we decked over.

688
00:50:16,885 --> 00:50:20,065
it would've been permitted if it had been all the way across the marsh to main street.

689
00:50:22,365 --> 00:50:26,025
we do 'em all the time across the marsh. It's a not, it's, it's a permitted no permit

690
00:50:26,585 --> 00:50:30,485
required thing to begin with. And while we're here,

691
00:50:30,725 --> 00:50:34,525
I don't know if these people can make decisions without trying to look for a violation

692
00:50:34,925 --> 00:50:38,885
every time they come out. It would be a whole lot of stuff in the world for, but that

693
00:50:39,085 --> 00:50:43,045
doesn't happen. It doesn't happen. Alright. As soon as they

694
00:50:43,165 --> 00:50:46,835
walk out, it'd be, you gotta take it out. It's not what

695
00:50:47,365 --> 00:50:51,205
happened, what can we do? It's take it out. That was the first thing that

696
00:50:51,465 --> 00:50:55,445
the bmrc girl said, you're gonna take this out. I said, hold on a

697
00:50:55,565 --> 00:50:59,405
minute. I, I had a permit for 350 foot on my building.

698
00:50:59,585 --> 00:51:02,685
I'm, I'm at 300 square foot less impacts right now.

699
00:51:03,775 --> 00:51:06,725
which the project, like the sex that I was allowed to do,

700
00:51:07,795 --> 00:51:11,755
there's no trade off. Then I made an amended permit when

701
00:51:12,105 --> 00:51:16,005
we had a borrow for the project, go buy a house to whole property. He went on for

702
00:51:16,205 --> 00:51:18,725
three months. He couldn't get his financing with the amount of money.

703
00:51:20,635 --> 00:51:24,285
that changed everything. That changed everything. Then I was told I had to

704
00:51:24,645 --> 00:51:28,435
reapply, amended permit to change it to a commercial beer.

705
00:51:29,275 --> 00:51:32,955
fine. I did that. Then I sent over another

706
00:51:33,465 --> 00:51:37,305
one showed where we came in, tied in here like this for

707
00:51:37,525 --> 00:51:41,285
permit to do that. And all I wrote is a violation

708
00:51:41,905 --> 00:51:45,825
not looking at before we're going to give a permit order or not. Would it have been, it

709
00:51:46,045 --> 00:51:50,045
would've been permitted if, if it hadn't all, all the uses hadn't

710
00:51:50,205 --> 00:51:54,035
changed. That's in the minutes. Same thing you said before. Yeah. It's,

711
00:51:54,355 --> 00:51:58,325
it's just, okay. It's frustrating that you don't have anybody that can come out in

712
00:51:58,445 --> 00:52:02,385
the field and say, well, you, you, you gave up

713
00:52:02,605 --> 00:52:06,565
all this out here. We'll trade off here. Send us a new drawing. Show where you're going to tie

714
00:52:06,725 --> 00:52:09,145
in at now. It would've been permitted anyway.

715
00:52:10,945 --> 00:52:14,795
is is the sad part about it. Alright,

716
00:52:15,425 --> 00:52:19,365
sir, anything else? Not right now. Uh, is there, go ahead,

717
00:52:19,645 --> 00:52:23,205
sir. Um, mr. Watson, I would say that, I mean this, this is a very simple process.

718
00:52:23,785 --> 00:52:27,185
before you build, you need a permit. We need the plans and, and,

719
00:52:27,905 --> 00:52:31,595
and mr. Brit and several times is built without,

720
00:52:32,465 --> 00:52:36,465
you know, bill, not according to the permits or built even, you

721
00:52:36,685 --> 00:52:40,405
know, this modification didn't even come to us and submit anything. So, I mean, I,

722
00:52:41,325 --> 00:52:45,045
I understand. I'm not exactly sure what we're supposed to do when he never notifies us before

723
00:52:45,405 --> 00:52:49,165
he does something like he's required to do. Uh, you just made a statement.

724
00:52:49,445 --> 00:52:53,405
you may have to back up what he just made a statement. He may have to back

725
00:52:53,565 --> 00:52:57,205
us up. I been building it without permits.

726
00:52:58,715 --> 00:53:02,405
well, you built this without, no, I have a permit, but 350 foot

727
00:53:02,745 --> 00:53:06,555
all change would be where it started. Okay. And we're not going to beat that

728
00:53:06,845 --> 00:53:10,565
little aspect to death. Uh, you can take that up behind closed doors

729
00:53:10,865 --> 00:53:14,785
if you choose uhhuh. Just said's the first time construction. All, all

730
00:53:15,005 --> 00:53:18,755
right, sir. Is there, uh, anyone else, ms. Gorman, that

731
00:53:19,045 --> 00:53:23,045
wishes to speak about this particular amended? Jpa? If you

732
00:53:23,165 --> 00:53:26,905
have specific questions, I can answer them. Anyone have any questions for

733
00:53:27,185 --> 00:53:28,925
ms. Gorman? Yes. Yes I do. Yes. Would you approach, please

734
00:53:33,705 --> 00:53:37,605
do you firm or swear you tell the truth, whole truth, nothing but the truth in all matters

735
00:53:37,845 --> 00:53:41,385
before this board? Yes, sir. Thank you ms. Claire gorman. Carry on, sir.

736
00:53:41,985 --> 00:53:45,565
so what my big concern here is setting a precedent where someone

737
00:53:46,445 --> 00:53:49,785
mitigates wetlands and they build over it.

738
00:53:50,585 --> 00:53:54,285
and I guess from my view is from your experience, have you ever seen a

739
00:53:54,765 --> 00:53:58,365
situation like this where there's a mitigation, there's wetlands

740
00:53:59,105 --> 00:54:03,085
and then someone just goes ahead and builds a pier or a ramp

741
00:54:03,425 --> 00:54:07,165
or whatever over top of it? Do you, you get my gist of my question?

742
00:54:07,545 --> 00:54:11,325
I'm not sure I I follow your, so you're asking

743
00:54:12,025 --> 00:54:16,025
if I've seen cases where a board has required mitigation for

744
00:54:17,115 --> 00:54:21,025
shading of wetlands. Yes. Let's go with that. Yes. In terms of,

745
00:54:21,385 --> 00:54:25,355
um, you have the wetlands there, you pay mitigation and you weren't

746
00:54:25,845 --> 00:54:29,525
expecting someone to build something over top of those wetlands paying.

747
00:54:30,185 --> 00:54:34,085
so I, I I just, I do wanna make the

748
00:54:34,205 --> 00:54:38,125
point that I agree that it's kind of a mute point now as to

749
00:54:38,245 --> 00:54:42,165
whether or not this is called mitigation or a fine. I am on the same

750
00:54:42,355 --> 00:54:46,125
page. Paul and I are on the same page. As far as like the semantics of mitigation versus,

751
00:54:46,405 --> 00:54:50,005
versus a fine, this was mitigation was not paid for these wetlands.

752
00:54:51,105 --> 00:54:54,445
it was a fine because you cannot pay an in lieu fee or mitigation for something

753
00:54:55,395 --> 00:54:59,005
that is a violation. But it doesn't change the nature of this.

754
00:55:00,035 --> 00:55:04,005
okay. Of this, of this structure. Does that, you just said it does

755
00:55:04,165 --> 00:55:08,115
not, it, I, in my opinion it doesn't change the, this

756
00:55:08,435 --> 00:55:12,085
this scenario. I have a question. What you, hold on. Alright, just so one more last,

757
00:55:12,585 --> 00:55:16,565
so initially the mitigation, well we call it mitigation, correct? This, whatever, it's

758
00:55:16,945 --> 00:55:20,675
how many square feet was that initially? Oh, I don't recall. It's

759
00:55:20,965 --> 00:55:24,885
one 62nd. Can I have that paperwork back too? This, I've got the minutes. Thank you.

760
00:55:25,315 --> 00:55:28,765
okay. I've got the minutes from that meeting. Okay. So was it a hundred, you said a hundred sixty one oh eight.

761
00:55:31,465 --> 00:55:35,285
1 0 8. And now what? I heard that it's 240 square 40.

762
00:55:35,875 --> 00:55:39,725
correct. Okay. Alright. I, that's what he said. Well, okay. I,

763
00:55:39,985 --> 00:55:43,975
oh right. 'cause the bulk had only didn't go out quite as, quite

764
00:55:44,325 --> 00:55:48,245
as far, I guess, but all right. But I don't think that changes anything here. Well, I'm just looking,

765
00:55:48,445 --> 00:55:52,055
looking at the mm-hmm . Okay. Thank you very much. Board. Any questions from ms. Goman?

766
00:55:52,745 --> 00:55:56,445
no. Okay. Uh, mr. Taylor. Okay, back, back to, back to your

767
00:55:56,805 --> 00:55:59,765
question. Uh, if, if we gave junior a fine, where would that money go?

768
00:56:01,155 --> 00:56:04,475
I believe this went to the county. Now if we gave him a fine

769
00:56:05,735 --> 00:56:09,505
to the county either way. Okay. So this, this

770
00:56:09,975 --> 00:56:13,755
in lieu of fee did not go to the restoration and to the, to

771
00:56:14,055 --> 00:56:17,995
the, uh, wetlands boards account for restoring wetlands. I don't know where

772
00:56:18,545 --> 00:56:22,515
your, your funds go, whether it's an in lief fee or a violation. Uh, why would the

773
00:56:22,595 --> 00:56:26,445
in lie fee go? It would go to different places. They're not, you're

774
00:56:26,645 --> 00:56:30,485
not gonna take fine money and put it into restoration of wetlands. That's, that's the county's

775
00:56:31,555 --> 00:56:34,565
okay. Paul logistics, it's not question you, where did that money go?

776
00:56:35,705 --> 00:56:39,005
um, from all indications. It went to the, I mean,

777
00:56:39,965 --> 00:56:43,825
I, I would say that it, from what I know now, it

778
00:56:44,075 --> 00:56:48,065
went to the in lie fund and that was probably a mistake. And

779
00:56:48,325 --> 00:56:51,875
I will say, well, no, I will say most municipalities, whether it's a fine

780
00:56:52,345 --> 00:56:56,125
or an in lieu fee, it usually goes into the same location. But I don't know specifically for

781
00:56:56,445 --> 00:56:59,905
akima county how that works. No. And

782
00:57:00,785 --> 00:57:04,485
how, how do we find out for an absolute fact where it went?

783
00:57:05,065 --> 00:57:08,935
um, I could probably go find out in

784
00:57:09,095 --> 00:57:12,575
just a few minutes. Uh, go ahead. Should be, it should be a receipt in our inter go system.

785
00:57:13,235 --> 00:57:16,715
um, I say we have a, we have a, would you do that? Show us or

786
00:57:18,075 --> 00:57:22,015
let us know as soon as possible. Um, if you wanna take about a

787
00:57:22,135 --> 00:57:25,855
five minute, maybe we take a five minute recess. Junior, you are okay

788
00:57:26,235 --> 00:57:29,755
for a few minutes. Uh, we're taking a five minute recess.

789
00:57:31,085 --> 00:57:34,875
okay. Uh, don't, don't leave hank 'cause you have a question or two. Oh. Oh,

790
00:57:35,235 --> 00:57:39,115
I'm sorry. I thought we were doing, doing the five minute recess. You can you go back. Hit

791
00:57:39,335 --> 00:57:43,125
the head baby. Okay. George ward. I know you gotta go. Well,

792
00:57:44,475 --> 00:57:48,455
not really, but I can. This one's easy. I probably will just in

793
00:57:48,655 --> 00:57:52,495
case you please. Just don't, don't, don't go across

794
00:57:52,715 --> 00:57:55,535
the desk. You're not in

795
00:57:58,675 --> 00:57:59,055
go bathroom.

796
00:58:04,585 --> 00:58:05,255
don't worry about it.

797
00:58:14,235 --> 00:58:17,505
wow. So, uh,

798
00:58:21,285 --> 00:58:25,185
has the fire department spent all their money? The all its millions they

799
00:58:25,385 --> 00:58:26,705
made on penalty pending. I hope.

800
00:58:36,325 --> 00:58:40,215
last week, last month I was asking myself. I worked, I worked with kids

801
00:58:40,375 --> 00:58:44,265
with his grandson. Started working with, that's a good boy. Great, great

802
00:58:44,615 --> 00:58:48,415
young man. Work with my kids. I tell myself I'm 65-year-old, I need to just turn

803
00:58:48,695 --> 00:58:52,645
this over to west after leaving here. I'm like, nah, I still like kids. Way better.

804
00:58:52,805 --> 00:58:56,725
I do adults . I of us do. I'm serious.

805
00:58:57,035 --> 00:59:00,405
like, you know, when I, when I was, uh, first time I ran for council,

806
00:59:01,885 --> 00:59:05,865
I was in my coaching little league and uh, I had a game that night. So asked, it

807
00:59:06,085 --> 00:59:09,965
was a debate. I asked her that little first. So one of my questions, well, if you have a little big

808
00:59:10,445 --> 00:59:14,405
baseball game where you have a a town council game, which one you gonna go to? I said, this is easy.

809
00:59:15,245 --> 00:59:19,165
I said, I'm not gonna lie to you at the job. I'm going to the ballgame. I'm much, I'm much gonna spend time with the kids

810
00:59:19,325 --> 00:59:22,765
than, than than a bunch of politicians. This was easy. My, my grandchildren

811
00:59:23,545 --> 00:59:27,165
across the bay are into everything from dance to soccer's to running.

812
00:59:28,265 --> 00:59:32,105
uh, they've got a, now they've got a thing now in

813
00:59:32,325 --> 00:59:36,155
their middle school called girls on the run and it's

814
00:59:36,535 --> 00:59:40,345
about 15 of 'em. Yeah. Oh yeah. That's a big program they run.

815
00:59:40,565 --> 00:59:44,565
that's a big program. She does five, six miles. She's 11 years old. Yeah. That's a

816
00:59:44,605 --> 00:59:48,365
big, that's a big, actually that's not that big. They did the, uh, thing

817
00:59:48,665 --> 00:59:52,555
on the beach, uh, on the boardwalk. Uh, 25,000 people that

818
00:59:52,845 --> 00:59:56,025
did it. And her daddy is a a, a new zealand

819
00:59:58,565 --> 01:00:01,225
up, upcoming general that gave it up to come here.

820
01:00:02,725 --> 01:00:06,105
and she, he paces her and, uh, she, she can go.

821
01:00:06,925 --> 01:00:10,835
I'd love to, I'd rather watch him play sports

822
01:00:11,185 --> 01:00:15,065
than eat when I'm hungry. Mm-hmm . Keep a minute. Keep

823
01:00:15,355 --> 01:00:19,225
a minute. Alright. We're waiting on mr. Watson, I believe. Yeah.

824
01:00:19,515 --> 01:00:23,475
alright. One thing I

825
01:00:23,595 --> 01:00:27,555
can tell you is money and mitigation the same,

826
01:00:28,625 --> 01:00:32,425
same fund. , they

827
01:00:32,715 --> 01:00:36,675
don't go through general funds. It shouldn't. They don't. There's a certain amount. We got a certain amount. We got like 160

828
01:00:37,155 --> 01:00:41,115
some thousand dollars in our fund before they, uh, they need to acquire a

829
01:00:41,235 --> 01:00:44,755
trust fund. Took it from us sitting right here. We got that in our account. We got $160,000

830
01:00:45,855 --> 01:00:49,595
for, for restoring wet masks. Yep. Right now

831
01:00:50,375 --> 01:00:54,275
you take it. I'm working with a lady right now. What? What? We're working with a lady

832
01:00:54,495 --> 01:00:58,415
on receipt. Create a wetlands back. Yeah. Uh, stack. Any

833
01:00:58,825 --> 01:01:02,785
rest non title or title? Title, title? It's uh, russell's

834
01:01:03,395 --> 01:01:07,265
house up on main street. Oh yeah, yeah, yeah, yeah. That whole front yard. This

835
01:01:07,555 --> 01:01:11,505
lady's bought a lot. Well that's the perfect place to do it. That's a perfect place to do because you always do. Yeah.

836
01:01:11,805 --> 01:01:15,705
canal. You always do it adjacent to it just fairly high

837
01:01:15,995 --> 01:01:19,875
land. You do the land and strip it down to that. It has the best

838
01:01:20,155 --> 01:01:24,095
chance of winning, of survival and it's protected. Mm-hmm . It

839
01:01:24,315 --> 01:01:28,075
won't, seed's not gonna take it once you do it. And, uh, but in contact

840
01:01:31,555 --> 01:01:35,015
cc gentleman, bm rc and

841
01:01:36,085 --> 01:01:40,035
she's thinking about, uh, at $26 a square foot, do the whole

842
01:01:40,455 --> 01:01:44,435
cut the house down and do it. 'cause that's a lot of money. Take the half. She gonna take that whole front yard.

843
01:01:44,655 --> 01:01:48,195
but you understand what I'm saying? Do that, do that math. $26 times is 43,200

844
01:01:49,355 --> 01:01:53,145
some square foot just do four, 3000. It'd above your mind. Well, well,

845
01:01:53,435 --> 01:01:57,355
I thought it was like they, they came up a million dollars per acre. I thought

846
01:01:57,515 --> 01:02:01,475
it was like 22 when you do this. I don't have no problem with charging people. I'm serious. I

847
01:02:01,595 --> 01:02:05,415
don't have a problem. But problem is, like you said, if you do it, you better have a reason to do it. You

848
01:02:05,635 --> 01:02:08,495
know what I mean? You better have a real reason. It's a great, uh,

849
01:02:10,045 --> 01:02:12,895
great thing. And particularly there, uh,

850
01:02:14,275 --> 01:02:18,115
people can pay into it. It's a win-win. It appears to me. You

851
01:02:18,335 --> 01:02:20,395
really do understand what I'm saying about this. Yeah.

852
01:02:22,705 --> 01:02:26,425
yes I do. But there's a way to go about it. Mm-hmm

853
01:02:26,885 --> 01:02:30,845
. There's a way we're gonna go about it. Okay. Gonna just come across the desk.

854
01:02:31,055 --> 01:02:32,765
we're not selling tomatoes. ,

855
01:02:36,745 --> 01:02:37,165
man, old man.

856
01:02:42,505 --> 01:02:46,445
the first complaint, I thought it was a joke. Damn joke.

857
01:02:46,835 --> 01:02:50,675
it ain't a joke. Uh, the first complaint. Wow.

858
01:02:55,465 --> 01:02:55,465
yeah,

859
01:03:00,765 --> 01:03:04,525
we made some wetlands on when jerry tracy was here when

860
01:03:04,815 --> 01:03:08,455
you built sunset bay, built a bit wetlands in jerry tracy

861
01:03:09,445 --> 01:03:13,135
went up, wil and I made blowing some lands out. Yeah, I remember that. It made wetlands

862
01:03:13,655 --> 01:03:17,495
out. This did well, did that canal about just enough warm.

863
01:03:18,195 --> 01:03:20,655
it did real well. Yeah. Yeah. I remember that.

864
01:03:27,595 --> 01:03:31,555
I think dave's don't know what subdivisions are, ain't he? Yeah. Dave dave's good. Dave's

865
01:03:31,835 --> 01:03:35,475
good boy too. I give him a 13 acres. Yeah. They, these,

866
01:03:35,885 --> 01:03:39,635
these good, uh, very, very excellent, uh, carpenter, very excellent carpenter

867
01:03:39,975 --> 01:03:43,125
who gave it. Yeah. Not because he's my son. There is no carpenter touch.

868
01:03:43,985 --> 01:03:47,755
yeah, I've, I've heard son. I call don't care who you are.

869
01:03:49,155 --> 01:03:50,595
I don't believe that. .

870
01:03:54,185 --> 01:03:58,025
I'll figure, I'll tell you. That's why I don't text. I don't email. I tell

871
01:03:58,315 --> 01:04:02,315
you something. I be face that . I want you

872
01:04:02,475 --> 01:04:06,315
to know. I meant, and no paper trail, huh? . Yeah, that's right.

873
01:04:08,895 --> 01:04:12,035
junior. You gonna put a fence down that line on that line buying,

874
01:04:13,375 --> 01:04:17,295
but between, uh, town and mm-hmm . That I'm not, we

875
01:04:17,515 --> 01:04:21,315
are probably, that's what I was asking you was trying to save some money. . Yeah. Y'all ended

876
01:04:21,555 --> 01:04:24,035
up buying, you ended up buying it, didn't you? That's what I thought.

877
01:04:27,175 --> 01:04:31,055
I got a lady now that she bought russell over's house. She bought the

878
01:04:31,215 --> 01:04:35,165
other house, bunk hill that, uh, um, dick

879
01:04:35,455 --> 01:04:39,295
cotton built mm-hmm . One built and she bought the house across the

880
01:04:39,495 --> 01:04:43,375
coast and she just bought 13 acres of land from

881
01:04:43,795 --> 01:04:47,365
to wetlands. $200,000 on they all road.

882
01:04:48,315 --> 01:04:52,095
oh. They, that they're across from the, uh, uh, what do you call that, harbor,

883
01:04:53,285 --> 01:04:57,275
down by the harbor. Mm-hmm . Anyway, she wants to buy my house now, all

884
01:04:57,495 --> 01:05:01,455
the land. So she put her ponies out in the front yard and I'll roll around and

885
01:05:01,575 --> 01:05:05,575
people can come tell them she wants pay said million dollars. Well, once she does

886
01:05:05,655 --> 01:05:09,655
that, I can, I can play legal biggle on this one. I can play legal biggle

887
01:05:09,975 --> 01:05:13,615
on this. I've had to stay, uh, uh, land law my whole life. You know that

888
01:05:14,395 --> 01:05:18,185
you know the reason why too, not 'cause I wanted to, but this is easy. If

889
01:05:18,405 --> 01:05:22,385
she buys the whole thing, you drop two lot lines. This is legal. Yeah. . She,

890
01:05:22,745 --> 01:05:26,645
she, you know, she's right now she's, she don't want, she don't want, she don't want three lot. She

891
01:05:26,805 --> 01:05:30,725
wants the whole thing for put apo in. Yeah. She wants, she wants a house to live in and she wants

892
01:05:30,885 --> 01:05:34,695
to, so she, she's not, she's not gonna put houses on the other two lot. She got special horses she's

893
01:05:35,045 --> 01:05:38,865
got from rose. She's only got six of 'em. So they can roll the ones and

894
01:05:39,085 --> 01:05:43,085
people can come up and pat them and hand feed them. Oh. You will have people to feed 'em. Where's she

895
01:05:43,165 --> 01:05:47,095
hail from? She said, look, she's from california or originally, but she's

896
01:05:47,445 --> 01:05:51,245
from up around washington. Now my understanding was her ex-husband

897
01:05:51,985 --> 01:05:55,865
or dead, dead husband or where it was, had a lot

898
01:05:56,085 --> 01:05:59,975
of apple stock and they sold that. That'll

899
01:06:00,465 --> 01:06:04,175
do it. Yeah. I should. And she gotta do something with the money and she just been buying everything which they

900
01:06:04,925 --> 01:06:07,825
dollar. Yeah. Got spend

901
01:06:09,015 --> 01:06:12,985
this property I've gotten, in fact, I was over the phone with her this morning. She's already bought the

902
01:06:13,105 --> 01:06:16,985
marsh beside you. She's already bought the marsh beside you. She has already bought the marsh

903
01:06:17,165 --> 01:06:20,985
beside you. Oh. Oh. I bought hill that one. Oh. She ain't bourbage still

904
01:06:21,185 --> 01:06:25,145
on that one. Still on that one. Well get bourbage and sell to marsh then that she'll be

905
01:06:25,225 --> 01:06:29,105
sure to buy that yours then if she's interested. She, if she, if she, if she

906
01:06:29,265 --> 01:06:33,235
wants to feed people, feed horses, she's in a perfect place there. We're

907
01:06:33,585 --> 01:06:37,345
gonna do apartments. She can feed 'em all day long. But she, she, that's what she, that's

908
01:06:37,745 --> 01:06:41,025
her goal is to have a place to feed her horses and keep 'em

909
01:06:45,045 --> 01:06:48,895
nice to have money. I guess she's, uh, she's waiting on that her account to tell her she

910
01:06:49,095 --> 01:06:52,995
can buy if she should buy any more property. But she says she

911
01:06:53,155 --> 01:06:56,585
may go against him and do it anyway. Yeah.

912
01:06:57,275 --> 01:07:00,475
I think property gonna better for feet of horses.

913
01:07:02,985 --> 01:07:06,535
well she could've helped the county. I I mean the, uh, bought that property for him.

914
01:07:07,085 --> 01:07:10,915
right. The one that y'all bought and

915
01:07:11,135 --> 01:07:14,935
giving it to the kind to the tire horse apart. There you go.

916
01:07:15,675 --> 01:07:19,415
charge, here we go. Those little machines that you get some boss feed

917
01:07:20,055 --> 01:07:24,055
. I had some of them at the restaurant feeds your ducks with you did. Yeah. You put your

918
01:07:24,215 --> 01:07:28,055
money into the bubble cup machine. That's right. Put the quarter. You got a handful of corn. Yeah. Right

919
01:07:28,255 --> 01:07:32,135
beside mcdonald's is where you mm-hmm . And they used to feed the duck up the

920
01:07:32,295 --> 01:07:36,255
end with we had the restaurant. That's right. Surprised how much quarters that

921
01:07:36,375 --> 01:07:40,135
thing filling up every day if you're in the right spot. I told my girlfriend

922
01:07:40,845 --> 01:07:44,675
what these all the town, you know, our kids are gonna go, oh,

923
01:07:44,895 --> 01:07:48,855
daddy, mama and the duck were so tam that it would

924
01:07:49,015 --> 01:07:52,695
come around your feet. They eat right between your legs and your feet, but all the shoes

925
01:07:53,035 --> 01:07:55,725
mm-hmm . Because they're used to getting fed there. Yeah.

926
01:07:57,125 --> 01:08:01,125
it's like for deer in pennsylvania. My house up forever. My son david feeds, so every time he goes up corn

927
01:08:01,415 --> 01:08:04,575
that we feed when we go, he's gotta beating outta his hand.

928
01:08:05,735 --> 01:08:09,735
I believe it. There was a deer coming right up, right up his hand. And their biggest cows up there are

929
01:08:09,935 --> 01:08:13,935
deer in pennsylvania are, I had two, two eights and

930
01:08:14,055 --> 01:08:17,725
a 10 of course where I live. Everybody's got those, uh, screw on, uh, sponsors

931
01:08:18,285 --> 01:08:22,205
on the, on the rifles. Yeah. They, they didn't make it. He didn't even make it hunting season .

932
01:08:22,325 --> 01:08:26,315
I told, I told, I told the billy, I said, don't be shooting, but gary, you better pencil some in. Jeez.

933
01:08:29,095 --> 01:08:33,025
but I was surprised he read down of his hand like that, come up to the deck on the house

934
01:08:33,245 --> 01:08:37,065
and he was standing there and feeding by his hand. We got mallards. We feed

935
01:08:37,305 --> 01:08:41,065
the ducks every day off the dock. We got mallards. The children are feeding. Yeah.

936
01:08:41,965 --> 01:08:45,535
oh. Uh, they, the, the black ducks and the uh, buffalo

937
01:08:46,035 --> 01:08:50,025
heads won't do it, but the mallards will come right up there and they feed 'em right their hand. They're not scared.

938
01:08:51,065 --> 01:08:54,905
I got a pond behind my house and the metals come in there and do he ever

939
01:08:55,205 --> 01:08:58,985
bit of it or cleaned up upon every winter? Is that right? They stayed there every

940
01:08:59,305 --> 01:09:03,305
bid of you feel like paying them by throwing some corn or something they want because I mean they did do extremely

941
01:09:03,745 --> 01:09:07,705
good job. I tell my daughter, don't you even think about it shooting them ducks? Don't even think about

942
01:09:07,905 --> 01:09:11,785
it. Do we have a freezer up back in the seven sixties? I guess they were

943
01:09:11,985 --> 01:09:15,905
the early the seventies bad freeze up. 68 was one. We were

944
01:09:16,025 --> 01:09:19,985
feeding the ducks corn. Old man and tom reed lived by a

945
01:09:20,065 --> 01:09:23,185
depot. Old, old man. Mm-hmm . Come. He said, son, please don't do that.

946
01:09:24,665 --> 01:09:28,665
I said, he don't feed them ducks. You going kill them. I said, why am I

947
01:09:28,785 --> 01:09:32,565
going kill 'em? I thought you need to eat everything screwed up. He said, no,

948
01:09:32,805 --> 01:09:36,505
he can't get no fresh water to drink. It's all through he gonna kill him.

949
01:09:37,105 --> 01:09:40,125
I never thought of that. . Okay. Uh,

950
01:09:41,465 --> 01:09:45,445
I like to call the meeting back to order, uh, mr. Watson, you

951
01:09:45,665 --> 01:09:49,625
have some information for us. I do. Um, so we recorded it as

952
01:09:49,945 --> 01:09:53,625
a miscellaneous fee in, in our computer system,

953
01:09:54,045 --> 01:09:57,725
the zoning, but that doesn't really mean anything. Um, and

954
01:09:58,485 --> 01:10:02,385
the treasurer checked the in lieu bank statements. Uh, it looks like

955
01:10:02,545 --> 01:10:06,355
we got the check february the fourth. And uh, they checked the

956
01:10:06,635 --> 01:10:10,295
bank statements for the in lieu fund for the several months, uh,

957
01:10:11,035 --> 01:10:14,915
february, march, and so forth. And there was no deposit in the, in lieu fund bank account,

958
01:10:16,485 --> 01:10:20,005
uh, at all. It just shows interest for all of those months, um,

959
01:10:21,165 --> 01:10:23,165
to actually determine. And so it

960
01:10:26,355 --> 01:10:30,085
likely, the treasurer thinks likely went into the county's general fund

961
01:10:30,395 --> 01:10:34,135
and that is a much more difficult process to track down a deposit, you know,

962
01:10:34,885 --> 01:10:38,795
15, 16 months ago in the general fund in five or 10 minutes. But

963
01:10:39,015 --> 01:10:42,975
she did pull, she, she has easy access to the bank statements for the in lieu fund. It did not

964
01:10:43,135 --> 01:10:47,135
show any deposit and the in lieu fund for the several months after we received this

965
01:10:47,335 --> 01:10:50,895
check and that we took the check over to them

966
01:10:51,635 --> 01:10:55,125
on february 4th. Alright.

967
01:10:55,795 --> 01:10:59,515
so we think that it's in the general fund for the county. That's

968
01:10:59,935 --> 01:11:03,815
what we think. Yes. Then it needs to be transferred to, to our

969
01:11:04,135 --> 01:11:07,965
bank. What's, uh, what's involved. That sounds like it's,

970
01:11:08,275 --> 01:11:12,115
uh, a lot of work. Um, not

971
01:11:12,335 --> 01:11:16,125
work. I'd have to do no, somebody. Um, but I I do not,

972
01:11:16,605 --> 01:11:20,405
I can can we get it done? I would think it shouldn't be too hard.

973
01:11:20,945 --> 01:11:24,925
um, but I I do not, I am not on the money side of all this. I

974
01:11:25,045 --> 01:11:29,045
think it, I think we need to ask that question. I I don't think that where that's where it

975
01:11:29,245 --> 01:11:32,265
needs to be. Um, so

976
01:11:34,025 --> 01:11:37,925
what's the, what steps, what hopes we jump through to try to get that done?

977
01:11:38,665 --> 01:11:42,605
um, well, I'd go over and talk to the, to the treasurer james, and, and

978
01:11:42,805 --> 01:11:46,605
just explain the situation. I I, you know, obviously in the scope of county finances,

979
01:11:47,165 --> 01:11:50,225
this doesn't seem like a hugely significant, uh,

980
01:11:51,485 --> 01:11:54,955
transfer. And I would think with a little bit of digging they could find

981
01:11:55,875 --> 01:11:59,845
it's $1,944. It's kind of an odd number. I mean, they'd be able to find that jane

982
01:12:00,305 --> 01:12:04,165
ton. Yes, sir. And, um, I mean, they know within a week or

983
01:12:04,325 --> 01:12:08,145
so when it would've been deposited. So it seems like that should not be too hard to

984
01:12:08,525 --> 01:12:12,425
find a bank statement in that amount. Um, I'd like, uh, to ask

985
01:12:12,645 --> 01:12:16,405
you to talk to james, and this is a slack time for them

986
01:12:16,945 --> 01:12:20,765
in the scheme of things before june. And I think he's willing

987
01:12:21,105 --> 01:12:24,485
to do within reason, whatever it takes to make something like this. Right.

988
01:12:25,205 --> 01:12:29,105
I I they're very helpful if deposit on two six.

989
01:12:30,435 --> 01:12:34,065
okay, that's helpful too. But you don't, you just know when the check was

990
01:12:35,665 --> 01:12:39,385
box check, would you please, uh, make one more call on

991
01:12:40,105 --> 01:12:44,045
mr. Littleton and ask him if he would help us find that.

992
01:12:44,505 --> 01:12:48,325
get outta there. Yes. So not now balance on that too, because it's like a hundred some

993
01:12:48,685 --> 01:12:52,665
thousand dollars. Hold on just a minute. So thank you for that information. Uh,

994
01:12:53,085 --> 01:12:55,865
I think we can resolve it now. Um,

995
01:12:57,405 --> 01:13:01,345
how do we stand, uh, mr. Badger? Yeah. Um, just a couple

996
01:13:01,425 --> 01:13:02,445
thoughts. Um,

997
01:13:05,505 --> 01:13:09,385
should be no fees involved in this as far

998
01:13:09,545 --> 01:13:13,065
as mitigation fees for, it's, it's an opens to pile structure.

999
01:13:13,805 --> 01:13:17,775
we haven't, they haven't lost the wetlands underneath of it. So that's a not it's, it's

1000
01:13:18,135 --> 01:13:22,105
doesn't need, it doesn't need to be addressed. Yes, sir. So the question we really

1001
01:13:22,385 --> 01:13:26,305
have here is, first of all, is it we, considering this a

1002
01:13:26,425 --> 01:13:29,925
permitted structure that we need to permit because it's joint use?

1003
01:13:30,805 --> 01:13:34,725
uh, in the past I think we have, uh, joint use. Uh, we

1004
01:13:35,185 --> 01:13:38,945
consider something similar to commercial, uh, but not pri totally private.

1005
01:13:39,605 --> 01:13:42,985
so I think we do to be consistent with what we've done in the past,

1006
01:13:44,145 --> 01:13:48,015
probably permit something there. Then the big question is, is whether

1007
01:13:48,505 --> 01:13:52,445
or not the width is, uh, reasonable or not. Uh,

1008
01:13:53,765 --> 01:13:57,725
so that's kind of where I am. If you look at just the width, did

1009
01:13:57,945 --> 01:14:01,685
you say width? The width, yes. Versus height. Uh, the height is height.

1010
01:14:02,205 --> 01:14:06,125
it doesn't matter because it's non vegetated underneath. Right. Okay. So it doesn't matter. Uh,

1011
01:14:07,005 --> 01:14:10,485
so if you just look at activities in wetlands authorized, uh,

1012
01:14:11,385 --> 01:14:15,025
by law and, uh, marine resources, wetlands, uh,

1013
01:14:15,715 --> 01:14:19,565
section of the code, uh, non-commercial. That's the big difference

1014
01:14:19,885 --> 01:14:23,565
here. Catwalks, piers, boathouses boat shelters, fences, duck lines,

1015
01:14:24,605 --> 01:14:27,115
wildlife management shelters, foot bridges, and observation

1016
01:14:28,735 --> 01:14:32,525
decks. Okay. Are, are accepted under a non-commercial.

1017
01:14:34,175 --> 01:14:37,485
randy, we're gonna have to give a permit here. So we've gotta decide whether or not this,

1018
01:14:39,835 --> 01:14:43,075
the, the additional width of six feet versus, um,

1019
01:14:43,885 --> 01:14:47,555
basically, I guess it's 10 feet, uh, with the, the width across

1020
01:14:48,135 --> 01:14:51,915
the wetlands, whether or not that's appropriate or not. And

1021
01:14:52,155 --> 01:14:55,935
is that, uh, the, the tens versus six, is that something

1022
01:14:56,355 --> 01:15:00,175
that's, uh, appropriated or is that something that is on a case by case?

1023
01:15:00,815 --> 01:15:04,735
I think it, I think we're looking at case by case here. Uh, we're not dealing with vegetated wetlands underneath

1024
01:15:05,135 --> 01:15:09,135
this, uh, um, observation. Yeah. Is that what you just said?

1025
01:15:09,295 --> 01:15:13,255
yeah. There's an observation. Decks. Decks. I like that observation deck. I like that

1026
01:15:13,375 --> 01:15:17,075
too. 400 square foot. Yes. How do you feel about an observation deck, sir?

1027
01:15:17,565 --> 01:15:21,495
fine with me. The thing this was,

1028
01:15:21,655 --> 01:15:25,655
this was all built before we were asked to make the change. I know all

1029
01:15:25,775 --> 01:15:29,015
that to commercial, it was being done as residential at the time.

1030
01:15:29,805 --> 01:15:33,645
what other options do we have besides observation deck,

1031
01:15:34,355 --> 01:15:38,055
uh, shelters and other similar structures? Were finding that the struc

1032
01:15:38,375 --> 01:15:42,355
that such structures, uh, are so constructed are pilings as

1033
01:15:43,035 --> 01:15:46,735
the reasonable unobstructed flow of tide and preserve the natural

1034
01:15:47,125 --> 01:15:50,975
contour of the wetlands, which this is open pile, it's non vegetated. Perfect.

1035
01:15:51,315 --> 01:15:53,795
so the area underneath perfect. Mr. Watson,

1036
01:15:55,435 --> 01:15:58,685
uh, after the fact to turn this into an observation

1037
01:15:59,525 --> 01:16:03,495
deck from whatever it was, it was a private peer and then it was

1038
01:16:03,815 --> 01:16:07,735
a, uh, um, uh, you had

1039
01:16:07,935 --> 01:16:11,855
three people involved. Um, what do, what do we

1040
01:16:11,975 --> 01:16:15,615
do after the fact? What do you need from that gentleman to make this an observation

1041
01:16:16,285 --> 01:16:20,265
deck? I mean, what's the, what do we need? Excuse me.

1042
01:16:20,445 --> 01:16:24,185
oh, well I think we do have an amended, amended jpa. So I think

1043
01:16:24,695 --> 01:16:28,625
that is before the board. So the amended, just to be clear. So is

1044
01:16:28,745 --> 01:16:32,145
there, is there a, uh, vote to take this amended

1045
01:16:32,785 --> 01:16:36,785
jpa, uh, and have it include an observation deck? Does it

1046
01:16:36,945 --> 01:16:40,925
need to be worded in the motion? Um,

1047
01:16:41,705 --> 01:16:45,525
I think that's best. Yes. Um, yeah. And oh,

1048
01:16:45,745 --> 01:16:49,485
sorry. No, no, no, no. Uh, so

1049
01:16:50,165 --> 01:16:53,905
do you, uh, agree that it can become

1050
01:16:54,325 --> 01:16:58,265
an observation deck if the owner says it is and we put it in

1051
01:16:58,465 --> 01:17:02,145
a motion and it's, uh, part of the amended jpa

1052
01:17:02,855 --> 01:17:06,785
that he's already paid for? I, I would just say that

1053
01:17:07,095 --> 01:17:10,795
section 1 0 2 dash 2 8 3 1 does mention, well,

1054
01:17:11,115 --> 01:17:14,845
it's straight out of the virginia code, mr. Badger quoted. But it does say, would you observation

1055
01:17:15,405 --> 01:17:18,315
deck as a permitted? Yes, sir. Uh, I guess, uh, alright.

1056
01:17:19,425 --> 01:17:22,605
but, but of course you have to go back to the commercial non-commercial. Exactly. And I don't want,

1057
01:17:23,625 --> 01:17:27,185
so that's another issue whether the, but

1058
01:17:28,505 --> 01:17:32,445
yes, it's discretionary. Um, if the board calls it commercial, of course

1059
01:17:32,625 --> 01:17:36,115
it can permit it. Um, I'm not speaking for the owner here,

1060
01:17:36,745 --> 01:17:40,685
but, uh, I think, uh, whatever we want it to be, to keep

1061
01:17:40,845 --> 01:17:43,705
it like it is, uh, uh, uh,

1062
01:17:45,275 --> 01:17:49,275
observation, uh, public or private or

1063
01:17:50,255 --> 01:17:54,135
whatever, I think, uh, if we do that, everything is resolved. Is that what

1064
01:17:54,295 --> 01:17:57,565
I'm hearing and junior is, is that okay

1065
01:17:58,425 --> 01:18:02,395
ma'am, you, is there anything that you can help us, uh, on

1066
01:18:02,615 --> 01:18:03,995
this particular aspect?

1067
01:18:06,655 --> 01:18:10,315
do you understand what we are trying to do here? And do you

1068
01:18:11,405 --> 01:18:15,295
agree or disagree from where you sit? So, um,

1069
01:18:16,195 --> 01:18:20,115
I am not totally clear on how you all are proceeding. All I think that

1070
01:18:20,395 --> 01:18:24,205
I should say though is that if you are going to issue

1071
01:18:24,675 --> 01:18:28,075
a permit, a wetlands permit for this after the fact application,

1072
01:18:30,135 --> 01:18:34,055
it needs to be a complete application. That's,

1073
01:18:34,615 --> 01:18:38,415
that's, um, in keeping with, in keeping with, um,

1074
01:18:38,635 --> 01:18:42,155
your procedural, you know, so, so we have, we advertised this,

1075
01:18:42,655 --> 01:18:45,755
we cannot, we, we, we did before the last meeting.

1076
01:18:46,665 --> 01:18:50,385
okay. So it's been advertised. So it's been advertised. Uh, we have a, an amended,

1077
01:18:51,375 --> 01:18:55,195
uh, been paid for. But you're saying if we're going to do this, it needs

1078
01:18:55,415 --> 01:18:59,115
to start a again, in your opinion. No, I am just, I, my only,

1079
01:18:59,575 --> 01:19:03,515
um, comment is that it needs to be a complete application if a permit is going to be

1080
01:19:03,595 --> 01:19:06,625
issued for it. I, I think we have a complete application.

1081
01:19:07,615 --> 01:19:11,475
uh, paul, would you enlighten me on that? Do you agree that we have a

1082
01:19:11,795 --> 01:19:14,935
complete application in some fashion? Um,

1083
01:19:16,625 --> 01:19:20,325
there's been a lot going on in this case, so well lot going

1084
01:19:20,675 --> 01:19:24,075
on. I just object with bunch of cases speaking. I think at least we need to modify the drawings

1085
01:19:24,695 --> 01:19:28,595
to indicate an observation that's a piece

1086
01:19:28,715 --> 01:19:32,315
of cake. You already have everything. You might need to change two words or something.

1087
01:19:33,095 --> 01:19:36,995
we, we, we do have an updated drawing. We got

1088
01:19:37,155 --> 01:19:40,915
a drawing. I'm, it's right here if anybody wants it, but I don't know

1089
01:19:41,175 --> 01:19:45,015
if there's, uh, some verbiage or if something big deal. Uh,

1090
01:19:46,775 --> 01:19:50,755
um, there are, lemme bring it up on the screen and we can all look

1091
01:19:50,955 --> 01:19:53,215
at it. Uh, here it is there. It's, yeah. So

1092
01:19:56,155 --> 01:19:59,915
a couple things. Uh, we would need mean low and mean high

1093
01:20:00,205 --> 01:20:03,635
noted on here. And also I guess where the x's are.

1094
01:20:04,215 --> 01:20:08,085
um, where are the x's? Uh, oh yeah, I got it.

1095
01:20:08,225 --> 01:20:12,045
go. Oh shoot. Oh, there we go. Um, mean low and high is not on there somewhere

1096
01:20:13,005 --> 01:20:16,765
I do not believe so. Um, and also I don't see it some indication

1097
01:20:17,515 --> 01:20:21,445
that whatever that, that this additional area is an observation deck. I mean this

1098
01:20:21,605 --> 01:20:25,115
is the pier going straight back and

1099
01:20:26,625 --> 01:20:30,585
uh, or some com you know, some indication that that's what was

1100
01:20:30,805 --> 01:20:34,385
applied for here. Alright. Uh, if we choose to do this and

1101
01:20:34,905 --> 01:20:38,665
the owner is willing to, uh, get with you and

1102
01:20:39,505 --> 01:20:43,065
change some, some worded or mean high mean low,

1103
01:20:44,065 --> 01:20:48,065
uh, take five minutes in your office. Uh, is everybody, not

1104
01:20:48,305 --> 01:20:51,445
us? Everybody clear with that? And, uh, junior,

1105
01:20:52,425 --> 01:20:56,425
uh, mr. Watson? Yes. Uh, if

1106
01:20:56,645 --> 01:21:00,605
we do that and he's willing to, uh, redo the drawing,

1107
01:21:00,905 --> 01:21:04,905
if that's what it takes, uh, I'm be glad. Review the drawing. Yes

1108
01:21:05,125 --> 01:21:09,005
sir. Yes sir. And you'll be glad to talk to him and say, what do you want on there that's

1109
01:21:09,365 --> 01:21:13,365
not on there. Is that a fair assumption? Mm-hmm . Alright. And I would just add to

1110
01:21:13,525 --> 01:21:17,525
that, that I would, uh, also review the application and make sure yes, sir. Anything else that

1111
01:21:17,685 --> 01:21:21,605
needs to be put on there of course is, is you'll filled out. No. When, just make

1112
01:21:21,765 --> 01:21:25,245
sure. Uh, and, and paul, will we go through the application?

1113
01:21:26,065 --> 01:21:30,045
yes sir. Send me an email and tell me what he wants on it. Yes, sir. So I don't miss anything. I do it all at

1114
01:21:30,165 --> 01:21:34,145
one time. Fair deal. That's fair. Uh, how long to get that done? I'll send the email out

1115
01:21:34,365 --> 01:21:38,185
today. No problem. Okay. Uh, any

1116
01:21:38,405 --> 01:21:42,395
other, oh, hold on. Uh, closed floor. Anybody want

1117
01:21:42,685 --> 01:21:46,525
to talk about it? Closed floor, public comment, close the floor

1118
01:21:47,265 --> 01:21:51,245
now. Discussion from the board. Okay, I just wanna make sure we we're clear on covering this

1119
01:21:51,405 --> 01:21:54,845
one point when you went and measured that when you are on your back,

1120
01:21:55,705 --> 01:21:59,315
you came over 240 square feet? Yes. Okay.

1121
01:21:59,945 --> 01:22:03,775
and the original mitigation for was for 108 square feet. We're

1122
01:22:04,125 --> 01:22:08,125
not, nothing's been filled. Nothing's been filled. Okay. So we don't need to worry about the differential. It's open

1123
01:22:08,205 --> 01:22:11,845
pile structure over, we over, uh, uh, non vegetated

1124
01:22:12,245 --> 01:22:16,245
wetlands. Okay? So we're all fine. Nothing's been filled. It's just open pile. Just open

1125
01:22:16,405 --> 01:22:20,365
pile. And it's also property that it's, it is, it is private bottom, not state

1126
01:22:20,565 --> 01:22:24,445
bottom. I don't mean nothing either, but again, it's, it's nothing been filled. It all goes

1127
01:22:24,645 --> 01:22:28,645
away because of that. I just wanna make check. I understand judge. Just wanted check. There's the only

1128
01:22:28,685 --> 01:22:32,645
thing that could ever even possibly be charged for would be shading. That's the only thing that even be possibly charged

1129
01:22:32,965 --> 01:22:36,685
for. And because sha vegetation, that's not an issue here.

1130
01:22:37,605 --> 01:22:40,805
I don't think so. You agree? I, I agree. Question. Uh, you agree

1131
01:22:42,035 --> 01:22:44,405
hank? You agree? Alright, here's what we're gonna do.

1132
01:22:46,135 --> 01:22:50,065
we're going to, uh, make a motion regarding this, um,

1133
01:22:51,675 --> 01:22:52,945
amended jpa 2 0 2 5 1 2 6 3.

1134
01:22:57,545 --> 01:23:00,665
yes. And it's gonna include re uh,

1135
01:23:02,265 --> 01:23:05,595
uh, mr. Watson's, uh, redrawing

1136
01:23:07,235 --> 01:23:10,345
with, uh, mr. Britton's, uh,

1137
01:23:11,675 --> 01:23:15,645
high, low, et cetera. What else needs to be put on there? He's willing to do

1138
01:23:15,805 --> 01:23:18,435
it and it's become an observation deck.

1139
01:23:20,185 --> 01:23:23,925
you with me? Yes. Alright. Uh, are we ready for a motion

1140
01:23:24,275 --> 01:23:28,155
regarding that? May I ask for a motion, please? I'll

1141
01:23:28,445 --> 01:23:31,265
make a motion on the admitted jpa that it'd be, um,

1142
01:23:32,705 --> 01:23:36,065
uh, new drawings I stand. It'd be a, um,

1143
01:23:37,665 --> 01:23:41,525
uh, observation deck and it's under, that area is under 400

1144
01:23:42,085 --> 01:23:46,005
square foot. Um, and the new drawings will be in place

1145
01:23:46,355 --> 01:23:50,125
with the, um, mr. Paul and mr. Mr. Gina

1146
01:23:50,415 --> 01:23:54,415
britton. And the drawings will show, uh, state, uh, instead of be

1147
01:23:54,575 --> 01:23:58,515
an observation that this area in question, I make a motion after the,

1148
01:23:58,795 --> 01:24:02,775
the, uh, new drawings and everything, state this observation deck that we approve.

1149
01:24:04,475 --> 01:24:08,415
we have a motion call for a second. I've got a

1150
01:24:08,655 --> 01:24:12,575
question. There is no change in anything other than

1151
01:24:12,815 --> 01:24:16,165
the terminology of the, that's absolutely correct. Alright,

1152
01:24:17,955 --> 01:24:21,215
as for a second, please. I'll second, second vote please.

1153
01:24:22,275 --> 01:24:26,235
aye. Aye. Unanimous. It passes two year permit. Uh,

1154
01:24:26,515 --> 01:24:30,195
ginger, excuse me. Did you get all that? Yes, I did. Yes, sir.

1155
01:24:30,715 --> 01:24:34,455
um, so I guess the last thing to dispose of is, of course this section

1156
01:24:34,995 --> 01:24:38,915
was bill not according to any plans we received, and

1157
01:24:39,135 --> 01:24:43,095
that was the violation was this was built without the required

1158
01:24:43,545 --> 01:24:47,215
permitting. Um, and I would just ask the board to dispose of that

1159
01:24:48,465 --> 01:24:52,425
sworn complaint. Yes, sir. Uh, that is very, very good. Should have that

1160
01:24:52,625 --> 01:24:56,625
have been in the motion? I don't think so. I think it just, we dispose of

1161
01:24:56,785 --> 01:25:00,685
it separate. I think it's end of story, story separately. Uh, that the, the

1162
01:25:01,415 --> 01:25:05,275
violation is disposed of, uh, not include in

1163
01:25:05,495 --> 01:25:08,405
the motion. Uh, it is just gone.

1164
01:25:10,155 --> 01:25:14,005
we agree with that? Mm-hmm . Everybody. Okay.

1165
01:25:14,795 --> 01:25:18,095
we don't, we don't need to vote on that. We're just, it's vacated. We can do it.

1166
01:25:18,865 --> 01:25:22,575
let's, uh, here, here's the motion. I make a motion. We've disposed

1167
01:25:23,055 --> 01:25:26,605
of the sworn, um, violation. Alright,

1168
01:25:27,095 --> 01:25:30,855
second vote. Aye. Aye. Gone away.

1169
01:25:32,085 --> 01:25:35,815
alright, uh, let's move along please. Thank you all. That was

1170
01:25:36,135 --> 01:25:39,955
a hairy one. Um, all we've got now is, uh,

1171
01:25:40,795 --> 01:25:44,615
number five. Is there, is there another

1172
01:25:44,925 --> 01:25:48,855
violation that I missed? There's not, but I, but I would ask the board just for a little

1173
01:25:49,035 --> 01:25:52,895
of guidance. Uh, this one was easy to bring before

1174
01:25:53,175 --> 01:25:57,115
the board 'cause obviously there was a violation the board needed to dispose of. Yes

1175
01:25:57,335 --> 01:26:01,175
sir. And so the issue of the multi-user, whether that's commercial

1176
01:26:01,595 --> 01:26:05,545
or non-commercial. So I would just ask the board if it wanted to provide any

1177
01:26:05,965 --> 01:26:09,715
guidance on a going forward basis. If I have another application,

1178
01:26:10,805 --> 01:26:14,745
a jpa with a multi multi-user peer, whether the

1179
01:26:14,965 --> 01:26:18,925
board considers that exempt or requiring a hearing. I

1180
01:26:19,045 --> 01:26:22,625
only speak for myself. I think it should be on a case by case, uh,

1181
01:26:23,735 --> 01:26:27,585
round the rum. Do you understand the question? Uh, should is,

1182
01:26:27,985 --> 01:26:31,785
is it set in stone as of this moment? Um,

1183
01:26:32,305 --> 01:26:36,305
if it is this, it's commercial, if it's that it's private, uh,

1184
01:26:36,825 --> 01:26:40,485
or is on a case by case. Well, to be consistent with vmrc,

1185
01:26:41,275 --> 01:26:44,645
they consider joint use peers something they have to permit.

1186
01:26:45,505 --> 01:26:49,365
so I would suggest that we continue on the same line that they do just to be,

1187
01:26:49,845 --> 01:26:53,825
'cause we're gonna be dealing with the same peers. Yes, sir. Uh,

1188
01:26:54,335 --> 01:26:58,205
makes sense to, uh, gene wayne. But to be honest with you, it's a lot

1189
01:26:58,485 --> 01:27:01,925
easier if we don't , but well, uh, I think we can,

1190
01:27:02,565 --> 01:27:06,225
I think if we, uh, align ourselves, uh, and

1191
01:27:07,265 --> 01:27:10,965
ms. Gorman is here to, uh, give us some guidance,

1192
01:27:11,365 --> 01:27:15,065
I think that we can do it on a case by case until we have two

1193
01:27:15,385 --> 01:27:19,325
or three under our belts. And then if we see that it is black and white, then we're going

1194
01:27:19,485 --> 01:27:23,205
to put it in a book. Okay. Okay. Fair deal. Yes. Alright. What else you got?

1195
01:27:23,785 --> 01:27:27,745
um, I, there are no jpa

1196
01:27:28,025 --> 01:27:31,765
for the next meeting. I think I distributed one at the last meeting that I thought was gonna be heard

1197
01:27:32,045 --> 01:27:35,985
highly. Right. But they have, uh, reconfigured their, uh,

1198
01:27:36,205 --> 01:27:40,045
design such that it's no longer in the wetlands. So, uh, that means

1199
01:27:40,565 --> 01:27:44,105
I don't, I've got it here. When's, when's june meeting? Uh,

1200
01:27:45,205 --> 01:27:46,125
I got it if you need it.

1201
01:27:52,625 --> 01:27:56,145
if I do sign it wrong, please. It's, it's back to the fourth thursday. May,

1202
01:27:56,705 --> 01:28:00,645
may was gonna be the third. Uh, somebody look up, uh, I got it

1203
01:28:00,765 --> 01:28:04,525
in my calendar if you need it. Here we go. Um, so the fourth

1204
01:28:05,205 --> 01:28:08,555
thursday in june is the 25th. 25th. Yes. Alright.

1205
01:28:09,585 --> 01:28:13,005
uh, moving on to number five. Uh, there is no meeting

1206
01:28:13,985 --> 01:28:16,965
or next month. So our next scheduled meeting is june 25th,

1207
01:28:18,105 --> 01:28:21,725
uh, thursday, 10 o'clock right here in chambers.

1208
01:28:22,985 --> 01:28:26,595
um, anybody have anything from,

1209
01:28:27,605 --> 01:28:29,745
I I do have one question for yes sir. Um,

1210
01:28:32,315 --> 01:28:36,125
it's my understanding, um, that vmrc

1211
01:28:36,685 --> 01:28:39,905
has taken a harder line when it comes to, uh,

1212
01:28:41,395 --> 01:28:45,105
both rip wrap and bulkheading. Now is

1213
01:28:45,745 --> 01:28:49,495
is I, am I not thinking correctly on that? Um, could

1214
01:28:50,005 --> 01:28:51,625
you expand a little bit? Um,

1215
01:28:54,365 --> 01:28:58,315
I think they're pushing more and more for living shorelines than

1216
01:28:58,605 --> 01:29:02,295
they have in the past. And you've almost got to now justify, uh, stone

1217
01:29:03,625 --> 01:29:07,465
rip wrap more than we've had in the past is that we have only, um,

1218
01:29:07,725 --> 01:29:11,385
I, we approach it on a case by case basis. I mean, I would say,

1219
01:29:12,025 --> 01:29:15,905
um, so that hadn't changed to being, being consistent with those state mandate for

1220
01:29:16,125 --> 01:29:20,105
living shorelines. We do ask for justifications for bulkheads and

1221
01:29:20,525 --> 01:29:24,485
revetments. Okay. If a living shoreline is feasible.

1222
01:29:25,345 --> 01:29:29,245
um, but if it's not, but we do like to have that justification on the record.

1223
01:29:29,475 --> 01:29:33,325
they need to put the justification in there. Okay. Yeah. But from where we sit, don't

1224
01:29:33,645 --> 01:29:37,445
we still have our tree that, uh, goes from, uh, living

1225
01:29:38,025 --> 01:29:41,435
all the way to, uh, bulkhead? Yeah. Mm-hmm . We do. Okay.

1226
01:29:42,475 --> 01:29:46,405
alright. Uh, anything else? That's it. We're adjourned.

1227
01:29:46,755 --> 01:29:49,045
alright. Okay. Take the motion.