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[00:00:03]

ALL RIGHT, I'M GOING TO GET STARTED.

I CALLED THE BUILDING AND

[CALL TO ORDER]

STANDARDS COMMISSION MEETING TO ORDER FOR MAY 26, 2021.

LET THE RECORD REFLECT THAT THE TIME IS 6:40 PM.

MY NAME IS ANDREA FREIBURGER.

I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.

AT THIS TIME, I WILL CALL, ROLL AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.

AND AS A REMINDER TO THE COMMISSIONERS, PLEASE TURN YOUR CAMERA ON FOR THE ROLE AND FOR EACH VOTE.

SO, UH, I AM PRESENT AS MENTIONED.

I'M ANDREA FREIBERGER, THE CHAIR, UH, PABLO VICE CHAIR.

THANK YOU.

I DO NOT SEE HER A WORDY THOMPSON.

THANK YOU, JOHN GREEN.

I DO NOT SEE MR. GREEN, UH, ELIZABETH MUELLER HERE.

GREAT, THANKS.

TIMOTHY'S STILL STEAD.

THANK YOU, EDWARD SEELIG.

UH, I CAN SEE YOU, BUT YOU'RE MUTED.

I'M PRESENT HERE.

OKAY, GREAT.

THANK YOU.

I CAN HEAR YOU NOW.

AND DO WE HAVE THOMAS VOKEY OR FIRE MARSHALL? YES, MA'AM.

I'M HERE.

GREAT.

GLAD TO HAVE YOU.

OKAY.

UH, WE ALSO HAVE ON CAMERA TONIGHT.

WE HAVE BRANDON CARR OR ASSISTANT CITY ATTORNEY.

THANKS.

AND WE HAVE MELANIE ALLEY, OUR BUILDING AND STANDARDS COMMISSION COORDINATOR.

GREAT, THANKS.

UM, ALSO BEFORE WE JUMP INTO THIS, I'D REALLY LIKE TO THANK CODE STAFF, INSPECTORS SUPERVISORS, AND OUR COORDINATOR, JUST FOR PULLING EVERYTHING TOGETHER.

THIS LAST MONTH, IT'S A SPECIAL CALLED MEETING AND THIS MEETING, I KNOW YOU'VE BEEN PUTTING IN MANY, MANY, MANY LONG HOURS AND, UM, AND I KNOW YOUR WORK IS NOT DONE.

I KNOW WE STILL HAVE MORE CASES COMING DUE TO THE DRAMATIC EVENTS IN FEBRUARY.

SO THANK YOU FOR YOUR TIME IN THAT.

ALL RIGHT, BEFORE THE CASES ARE CALLED THIS EVENING, THE COMMISSION WILL ENTERTAIN

[CITIZEN COMMUNICATION]

CITIZEN COMMUNICATION ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.

EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES TOTAL FOR ANYONE IN REQUIRING INTERPRETATION SERVICES.

UM, ALSO PRIOR TO THE CASES BEING CALLED THE COMMISSION WILL HEAR PUBLIC COMMENTS FROM INTERESTED PARTIES, REGARDING ITEMS THAT ARE ON TONIGHT'S AGENDA TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.

THE COMMISSION WILL CONSIDER FOUR CASES FROM FOUR PROPERTIES.

THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.

HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER, IF IT IS APPROPRIATE, ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.

SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS AND TONIGHT, OF COURSE, BECAUSE WE'RE REMOTE THAT WOULD INCLUDE STAYING MUTED, YOU KNOW, KEEPING YOUR MICROPHONE MUTED, UNLESS YOU ARE ABOUT TO SPEAK THE COMMISSION'S COORDINATOR, MELANIE ALLIE WE'LL CALL EACH CASE ON THE AGENDA, UH, FOLLOWED BY TESTIMONY.

AUSTIN CODE STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS.

WHEN EACH AGENDA ITEM IS CALLED, I WILL ASK IF THE OWNER AND OR REPRESENTATIVE OF THE PROPERTY IS PRESENT.

AT WHICH TIME PLEASE ACKNOWLEDGE YOU ARE PRESENT FOR YOUR CASE AFTER EACH CITY, WITNESS TESTIFIES YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES.

ANY QUESTIONS ABOUT THEIR TESTIMONY AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES.

YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR WITNESSES AND EVIDENCE.

YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.

WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.

BLUR DESIGNATED TIMEKEEPER THIS EVENING.

PLEASE INTRODUCE YOURSELF.

ALL RIGHT, HERE, HERE.

YEP.

GOT IT.

OKAY.

AND I'M SORRY, I DIDN'T CATCH YOUR NAME.

I WAS DAVEY TECH AT CITY HALL, ADAM, ADAM.

OKAY, GREAT.

THANKS ADAM.

SO AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, I'M SORRY.

I MISSED THE MR. LINE HERE.

AFTER YOU HAVE PRESENTED YOUR WITNESSES.

AUSTIN CODE STAFF MAY ASK YOUR WITNESSES QUESTIONS ABOUT THEIR TESTIMONY AND AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE, BOTH SIDES, AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES AFTER ALL OF THE EVIDENCE AND TESTIMONY IS CONCLUDED.

THE COMMISSION WILL DISCUSS THE CASE

[00:05:01]

AND VOTE ON A DECISION.

THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.

A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.

IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.

WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH, ANY PERSON THAT WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION WILL NOW BE SWORN IN AND TONIGHT, BECAUSE THIS WAS A VIRTUAL HEARING, I'LL READ OUT THE OATH AND AFTERWARDS I'LL ASK YOU TO SPEAK UP ONLY IF YOU DO NOT AGREE WITH IT.

DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.

IF SO, PLEASE SIGNIFY BY SAYING I DO.

AND OF COURSE, IF ANYONE OBJECTS TO THE OATH, PLEASE UNMUTE YOURSELF STATE.

SO NOW, ALL RIGHT.

HEARING NOTHING.

UH, IF THERE WAS NOTHING FURTHER, WE WILL PROCEED TO CITIZEN COMMUNICATION AND PUBLIC COMMENT.

SO TONIGHT FOR CITIZEN COMMUNITY COMMUNICATION, IT LOOKS LIKE WE HAVE FOUR SPEAKERS, FOUR SPEAKERS.

OKAY.

ALL RIGHT.

SO DO WE HAVE A CHARLIE DORSA NAO ON THE LINE SHARE? THEY SHOULD BE ON THE LINE NOW.

YEAH.

DANIELLE AND LEAH BOGGIO ARE HERE WITH GENDER GROUP.

OKAY, GREAT.

UM, UM, BEFORE YOU START, I DO WANT TO DIRECT THE COMMISSIONERS TO THERE.

ISN'T AN EXHIBIT IN OUR READERS.

I BELIEVE THAT I'M SORRY, NOT AN EXHIBIT, BUT SOME EXTRA MATERIAL THAT YOU WANTED US TO SEE, IS THAT CORRECT? RIGHT THERE.

THERE'S A PRESENTATION, UH, WOULD BE HELPFUL IF YOU FOLLOW ALONG AND CALL IT, LEAH, PROVIDE A PRESENTATION FOR YOU.

OKAY.

AND, UH, GO AHEAD AND PROCEED.

WELL, THE COMMISSIONERS AND LEAH BOGGIO WITH JENNER GROUP, UM, HERE, UM, JUST TO GIVE YOU AN UPDATE ON NINE OH SEVEN, 909 AND NINE 11 CONGRESS, UM, CONGRESS AVENUE, UM, LIKE CHARLIE SAID, WE DID SUBMIT A PRESENTATION TO KIND OF GIVE YOU AN OVERVIEW OF WHAT WE HAVE DONE SO FAR AND WHAT WE ARE PLANNING TO DO NEXT.

UM, I'LL LET SOMEONE IN THE INTEREST OF TIME.

I WON'T WALK THROUGH ALL OF IT, BUT I AM AVAILABLE TO ANSWER ANY QUESTIONS.

UM, WE ARE WORKING AS FAST AS POSSIBLE TO COMPLY WITH THE MARCH 24TH ORDER, UM, WHICH, UM, WOULD REQUIRE REPAIR THE BUILDINGS BY JUNE 22ND.

UM, WE HAVE BEEN AT THE HISTORIC LANDMARK COMMISSION FOR THE LAST TWO MONTHS, ASKING FOR THEIR DIRECTION AND INPUT AS WE PUT TOGETHER OUR APPLICATION MATERIALS.

UM, AS WE, AS WE PRESENTED TO YOU IN FEBRUARY AND MARCH, BECAUSE TWO OF THE BUILDINGS ARE HISTORIC HISTORIC LANDMARKS, AND ONE OF THEM IS A CONTRIBUTING STRUCTURE.

UM, THERE'S NOT A LOT THAT WE CAN DO WITHOUT THEIR PERMISSION.

UM, ONLY THIS PAST MONDAY, DID WE GET DIRECTION ON THE PERMIT FROM THEM? AND WE WILL BE SUBMITTING THAT FOR THEIR APPROVAL AT THEIR JUNE MEETING.

UM, DUNE JUNE IS SET THAT MEETING DATE IS STILL OUT ACTUALLY JUST OUTSIDE OF THE WINDOW OF TIME THAT WE WERE ALLOWED BY THE MARCH ORDER.

BUT LIKE I SAID, WE'VE BEEN MOVING AS QUICKLY AS WE CAN, AND WE HAVE NOT BEEN ABLE TO GET, UM, TO GET, UH, THE DIRECTION WE NEED TO GET THE PERMIT TO THEM UNTIL NOW.

UH, I DO WANT TO POINT OUT THAT THEY ARE STILL SAYING THAT NINE OH NINE CANNOT BE DECONSTRUCTED.

UM, EVEN THOUGH OUR STRUCTURAL ENGINEER ON THE TEAM IS SAYING THAT IT CANNOT BE BREACHED IN PLACE.

SO WE HAVE, WE SEEM TO HAVE AGREEMENT ON NINE OH SEVEN AND NINE 11, BUT WE ARE STILL KIND OF STUCK ON NINE OH NINE.

UM, WE'VE MADE EVERY EFFORT TO COMPLY WITH, WITH THEIR REPEATED REQUESTS FOR INFORMATION, AND UNFORTUNATELY BASED ON THEIR REVIEW TIMELINE.

AND LIKE I MENTIONED, EVEN IF WE DO SECURE THAT PERMIT IN JUNE, UM, WE WILL BE OUTSIDE OF THE WINDOW OF THE MARCH ORDER.

UM, I REALLY JUST WANTED TO REPORT TO YOU THAT EVEN THOUGH NOT MUCH WORK IS VISIBLE FROM THE OUTSIDE OF THE BUILDING, OTHER THAN THE WORK WE DID TO SECURE THE FACADE FOR YOUR DIRECTION.

AND I BELIEVE IN FEBRUARY, UM, WE ARE WORKING DILIGENTLY TO MAKE PROGRESS.

UM, AND WE ARE BOUND BY THE HISTORIC DENMARK COMMISSION SCHEDULE AND THEIR SENSE OF URGENCY KIND OF AS WE, AS WE THOUGHT WE MIGHT BE.

AND WHEN, WHEN WE WERE BEFORE YOU BEFORE.

UM, SO I JUST REALLY WANTED TO GIVE YOU THAT UPDATE AND ASK IF THERE ARE ANY QUESTIONS WE CAN ANSWER, UM, AND JUST LET YOU KNOW THAT WE'RE DOING THE BEST WE CAN GIVEN THAT CONSTRAINT.

THANK YOU.

OKAY.

THANK YOU, MS. POJO

[00:10:01]

AND, UM, MR. DORSA NEHA, DID YOU HAVE ANYTHING TO ADD? NO.

OKAY.

THANK YOU.

UM, SO WE'RE NOT ACTUALLY POSTED FOR ANY DISCUSSION OR ACTION ON THIS, BUT I DO THANK YOU FOR PRESENTING THE ADDITIONAL INFORMATION.

IT IS APPRECIATED.

OKAY.

UH, THE NEXT, DO WE HAVE CAROLINE TAYLOR ON THE LINE? YES, I'M HERE.

CAN YOU HEAR ME? YES.

AND YES.

AND YOU WERE SPEAKING ON MILLER FLATS, IS THAT CORRECT? YES.

MA'AM YES, I AM.

OKAY, PLEASE GO AHEAD.

MY NAME IS CAROLINE TAYLOR AND I LIVED IN MUELLER FLAT SINCE 2017.

I'M A MEMBER OF THE MUELLER FLAT TENANTS ASSOCIATION, WORKING WITH BOSSA TO HELP SUPPORT MY NEIGHBORS IN THIS SITUATION.

I'M NOT HERE BECAUSE STORM YURI WAS A UNIQUE DISASTER.

I'M HERE BECAUSE MUELLER FLATS MANAGED TO CREATE AN EVEN WORST ONE AFTER THE STORM I'M HERE BECAUSE MONTHS LATER, MY WALL IS STILL TORN OUT.

I'M UNSURE EVERY DAY, IF I WILL HAVE RUNNING WATER.

AND IF RUNNING, I'M UNSURE, IF IT WILL GET HOT ENOUGH TO TAKE A SHOWER AND I'M HERE BECAUSE THE BIGGER PROBLEM IS MUELLER FLATS IS JUST AS UNSURE.

IT'S CLEAR THAT WHEN THE STORM HIT, THEY HAD NO PLAN AND STILL DON'T AND ALL THE WHILE WE PAY FULL RENT, OTHER APARTMENT COMPLEXES WITH EXTENSIVE DAMAGE HAVE MANAGED TO MAKE REPAIRS AND COMMUNICATE WITH THEIR TENANTS.

MUELLER FLATS HAS FAILED IN THAT REGARD.

INSTEAD, I HAVE RECEIVED ONE PHONE CALL ABOUT SCHEDULING THE REPAIRS, BUT WHEN I CALL BACK, IT GOES TO VOICEMAIL AND THEN SAYS, THIS NUMBER DOES NOT ACCEPT MESSAGES.

IT'S IMPOSSIBLE TO GET SOMEONE ON THE PHONE.

THEY OFTEN LOCK THE DOOR TO THE RESIDENT SERVICES OFFICE, WHICH FEELS LIKE SOME SORT OF JOKE.

IN THE PAST WEEK, THERE HAVE BEEN FOUR SETS OF PEOPLE SHOW UP TO MY APARTMENT WITH NO NOTICE TO TAKE PICTURES THAT DAMAGE TWICE WHILE ACTUALLY WAS SHOWERING AND PROVIDED NO INFORMATION ABOUT HOW THAT FIT INTO THE REPAIR SCHEDULE.

IT MAY NOT SEEM LIKE MUCH, BUT WAKING UP EVERY WITH THE UNCERTAINTY OF WHETHER MASCULINE CREWS WILL JUST ENTER MY APARTMENT WITHOUT WARNING THE UNCERTAINTY OF WHAT WILL HAPPEN.

WHEN I TURN ON MY CLOSET IN THE MORNING AND SAYING A LITTLE PRAYER BEFORE I TAKE A SHOWER, HOPING IT GETS HOT ENOUGH.

IT TAKES A PSYCHOLOGICAL TOLL.

IT HAS BEEN THAT STRESS EVERY SINGLE DAY, SINCE FEBRUARY 14TH AND WE'LL SEEMINGLY MINOR IT'S DEATH BY A THOUSAND PAPER CUTS.

AND I FOUND MY WORLD IS CONSUMED BY WORRYING ABOUT THE ISSUES IN MY APARTMENT.

I TOOK THESE THINGS FOR GRANTED.

I HAD A FRIEND OVER APRIL 26 AND IT WASN'T UNTIL I WENT TO GET HER A DRINK THAT I FOUND OUT THE WATER WAS TURNED OFF.

THAT DAY.

I BROKE DOWN CRYING AT MY SINK.

IT'S DEHUMANIZING, AND I DON'T EVEN HAVE IT THAT BAD.

SEEING ALL THE PHOTOS OF THE BLACK MOLD LIKE SUBSTANCES AND THE APARTMENTS AROUND ME.

I WONDER IF THE AIR IS EVEN SAFE FOR ME TO BREATHE.

I FEEL TRAPPED AND UNSAFE IN MY OWN HOME ALL WHILE PAYING FULL RENT AND GETTING NO REAL INFORMATION ABOUT THE PROCESS.

IF WE HAVE TO LIVE DAILY WITH THIS ANXIETY, MUELLER FLAT SHOULD HAVE TO THINK ABOUT AS DAILY AS THEY PAY THE MAXIMUM FINE A THOUSAND DAYS PER DAY, A THOUSAND DOLLARS PER DAY PER VIOLATION.

THEY SHOULD NOT HAVE BEEN GRANTED THE ADDITIONAL 45 DAYS THEY HAVE HAD MONTHS.

PLEASE DO NOT GIVE THEM ANY MORE TIME.

MAYBE IF THEY HAD TO LIVE WITH A LITTLE BIT OF THE STRESS WE LIVE DAY TO DAY, THEY MIGHT BE MORE MOTIVATED TO FIX THE ISSUES WE ARE STILL HERE.

WE ARE STILL WAITING AND ALL THE WHILE WE ARE STILL SUFFERING, PLEASE THINK OF US WHEN YOU TURN ON YOUR FAUCETS AND HOLDS MUELLER FLATS ACCOUNTABLE.

THANK YOU.

THANK YOU, MS. TAYLOR.

AGAIN, UNFORTUNATELY WE'RE NOT POSTED FOR DISCUSSION OR ACTION TONIGHT.

UM, BUT WE MAY TAKE THIS OFF FOR FUTURE AGENDA ITEMS AT THE END OF THE MEETING.

DO WE HAVE, UH, MARA HEPARIN ON THE LINE? YES.

CAN YOU HEAR ME? YES, I CAN.

AND YOU ARE ALSO SPEAKING ON MILLER FLATS.

YES, CORRECT.

UM, MY NAME IS MARA HAVE BEEN, AND I'M A RESIDENT AT MUELLER FLAT, AND I'M ALSO A MEMBER OF THE NEW LEFT CLASS TENANTS ASSOCIATIONS.

THE CITY OF AUSTIN CODE DEPARTMENT REGULATIONS CATEGORIZE NO HOT WATER IN A RESIDENCE TO BE URGENT ISSUE NEEDING TO BE RECTIFIED WITHIN 48 HOURS FOR BE CITED AS A VIOLATION.

WE ATTENDED SIMULATOR, BUT HAS BEEN LIVING WITH SEVERE ISSUES TO OUR WATER SYSTEM FOR THREE AND A HALF MONTHS.

THE MANAGEMENT REPEATS OVER AND OVER AGAIN THAT THEY ARE WORKING DILIGENTLY OTHER PROBLEMS. WHILE WE LIVE IN BUILDINGS WITH HOLES IN THE WALLS, BUG INFESTATIONS MOLD, GROWING ON WALLS AND CARPETS AND NO WATER, NO HOT WATER AND INADEQUATE VOLUMES OF WATER ON AN ONGOING BASIS TO ADD INSULT TO INJURY.

THEY'RE SUPPOSED TO DILIGENT EFFORT TO FIX THE PROPERTY APPEARS TO BE LARGELY FOCUSED ON IMPROVING THE IMAGE OF THE PROPERTY TO PROSPECTIVE TENANTS.

THEY ARE FULLY RENOVATED BOTH MANAGEMENT OFFICES AND ARE SEEN WORKING WITH BIGGER ON RENOVATING VACANT UNITS SO THEY CAN BE RENTED OUT SOME NEW TENANTS.

THE EMPEROR HAS NO CLOTHES.

THERE HAS NEVER BEEN AND CONTINUES TO BE NO PLAN TO FIX OUR WATER SYSTEM AT DEALER FLAT.

WHEREAS EVEN THE MANAGEMENT FAIL TO GRASP THEIR LEGAL RESPONSIBILITY, TO PROVIDE SAFE AND HABITABLE CONDITIONS TO THE TENANTS AND DOES NOT FIND IT PROBLEMATIC THAT WE ARE LIVING IN IMPORTANT AND ILLEGAL CONDITIONS FOR MONTHS ON END, AS THE MANAGEMENT STATED THAT THE MOST

[00:15:01]

RECENT BUILDING STANDARDS COMMISSION MEETING, IF LEFT TO THEIR OWN DEVICES, THEIR BEST AND MOST DILIGENT EFFORT WOULD MEAN THE DAMAGE FROM WINTER STORM ERIE WOULD NOT BE FIXED FOR 10 MONTHS.

THE MORE TIME THAT MANAGEMENT IS ALLOWED TO KEEP WORKING ON THE PROBLEMS HERE, THE MORE TIME THEY WILL TAKE AT UPCOMING MEETINGS, I URGE THE CODE DEPARTMENT AND THE BUILDING STANDARDS COMMISSION TO IMPOSE ON MUELLER FLATS, A PENALTY OF A THOUSAND DOLLARS PER DAY, PER VIOLATION WITH NO ADDITIONAL GRACE PERIOD FOR REPAIRS.

BASED ON MY EXPERIENCE HERE, I CAN SAY THAT A MANAGEMENT COMPANY THAT DOES NOT CARE ENOUGH TO PROVIDE HOT WATER DEPENDENCE WILL CARE EVEN LESS ABOUT FIXING DAMAGE CAUSED BY THE STORM.

OUR HEALTH AND SAFETY ARE NOT A PRIORITY AND THEY DEEPLY DO NOT GRASP THE NECESSITY OF PROPERLY COMPLETING THESE REPAIRS.

THANK YOU.

THANK YOU, MISS HEAVEN.

AND AGAIN, AS MENTIONED, WE ARE NOT POSTED FOR DISCUSSION OR ACTION, BUT WE MAY TAKE THIS UP AT THE END OF THE MEETING AS A FUTURE AGENDA ITEM.

UM, MS. ALLEY, DO WE HAVE ANYONE ELSE FOR CITIZEN COMMUNICATION? NO CHAIR.

WE DON'T.

UM, I THINK THAT WAS ALL, THOSE WERE THE ONLY PEOPLE SIGNED UP FOR CITIZEN COMMUNICATION.

WOULD YOU LIKE TO, UH, MOVE ON TO APPROVAL OF THE MINUTES ON THE MARCH KNOWLEDGE THAT COMMISSIONER GREEN JOHN GREEN IS HERE AS WELL.

OKAY.

AND THEN, UM, YES, I WOULD LIKE TO MOVE ON TO APPROVAL OF THE MINUTES.

SORRY, I JUST HAVE ONE QUESTION.

UM, I'M HERE FOR CITIZEN COMMENT, BUT ON, UH, POSSIBLY A DIFFERENT AGENDA ITEM.

IS THERE, UM, UH, ANOTHER OPPORTUNITY LATER ON A DIFFERENT AGENDA ITEM FOR COMMUNITY? CAN I ASK YOU SPEAKING? THIS IS CARRIE LEAGUE.

UH, YOU'RE.

YOU'RE SET.

YOU'RE NOT SCHEDULED FOR CITIZEN COMMUNICATION.

YOU'RE SCHEDULED FOR PUBLIC COMMENT.

CAN YOU MEET UP DIFFERENT? OKAY.

CONFUSED WHEN IN A FEW MINUTES? UM, YES.

SO APPROVAL OF THE MINUTES,

[APPROVAL OF MINUTES]

LIKE TO APPROVE THE MINUTES FOR MARCH 24TH AND APRIL 28TH TONIGHT, AND THEN WE'LL PLACE THE MAY 13TH MINUTES ON THE JUNE AGENDA THAT NEEDS WITH YOUR APPROVAL.

SURE.

UM, SO HOPEFULLY EVERYONE HAS HAD A CHANCE TO READ THROUGH THE MINUTES AND COPY IS AVAILABLE IN OUR READERS.

AND I AM UNABLE TO MAKE A MOTION AS CHAIR.

UM, YES, COMMISSIONER MUELLER.

I MAKE A MOTION THAT WE APPROVE THE MINUTES FOR THE APRIL AND MAY OR NO, BUT THE TWO MEETINGS I CAN'T NOW, I CAN'T SEE THE DATE THAT BEHIND THE WEBEX 24 HOURS, APRIL 28TH, MARCH 24TH AND APRIL 28TH MEETINGS.

OKAY.

THANKS ALL IN FAVOR OF APPROVING THE MINUTES FOR THE BUILDING AND STANDARDS COMMISSIONS, MARCH 24TH, 2021 REGULAR MEETING IN THE APRIL 28TH, 2021 REGULAR MEETING.

UM, PLEASE SAY AYE, AND PERHAPS WAVE YOUR HAND.

AND MR. THOMPSON, WAS THAT AN EYE FROM YOU AS WELL? COMMISSIONER THOMPSON.

ARE YOU STILL WITH US CHAIR? CAN YOU ALSO DOUBLE CHECK WITH, UH, COMMISSIONER SELIG? SO, SO I WAS NOT ON THE COMMISSION AT THE TIME AND I DID NOT ATTEND THOSE MEETINGS.

YOU'RE OKAY.

YOU ACTUALLY, CAN YOU, CAN I NEED YOU TO, IF WE'VE LOST MR. THOMPSON, CAUSE YOU WOULD BE OUR QUORUM FOR THIS.

CAN YOU NOT HEAR ME? WE CAN NOW.

YES.

WERE YOU VOTING IN FAVOR OF APPROVING THOSE MINUTES, MR. THOMPSON? YES.

YES MA'AM.

OKAY.

THANK YOU.

COMMISSIONER SELIG.

YOU WOULD, YOU WOULD HAVE THE OPTION NOW OF, WELL, YOU ALWAYS HAD THE OPTION OF ABSTAINING.

WELL, BUT SINCE I WAS NOT OFFICIALLY ON THE COMMISSION AT THE TIME AND DID NOT ATTEND THOSE MEETINGS, I DON'T FEEL COMFORTABLE VOTING ON, ON THAT PARTICULAR ISSUE TO ME.

OKAY.

SO YOU WILL USE THAT TO UPSTATE AND THAT'S AN OPTION.

YEAH.

OKAY.

THANK YOU.

SO THAT WAS SIX IN FAVOR AND ONE ABSTAIN.

ALL RIGHT.

THANKS FOR THE CLARIFICATION.

UM, ALL RIGHT, MS. ELLIE, IT LOOKS LIKE WE'LL BE MOVING ON

[PUBLIC COMMENT]

TO PUBLIC COMMENT.

OKAY.

YES.

WE HAVE FOUR PEOPLE SIGNED UP THREE PEOPLE SIGNED UP FOR PUBLIC COMMENT REGARDING 1907 CLIFF STREET.

OKAY.

WHICH IS AGENDA ITEM NUMBER FOUR.

YES.

AND I'M SORRY.

I'M VERY CONFUSED BECAUSE WE ALSO HAVE REGISTERED SPEAKERS SPEAKING ON AGENDA ITEMS. THOSE ARE, UM,

[00:20:01]

PROPERTY REPRESENTATIVES AND OWNERS.

THESE ARE PEOPLE SIGNED UP FOR PUBLIC COMMENT WHO ARE NEIGHBORS.

YES.

SORRY.

YES.

OKAY.

AT A MOMENT THERE.

OKAY.

ALL RIGHT.

SO, UH, CARRY A LEAGUE IF YOU ARE WITH US, IF YOU'D LIKE TO GO AHEAD AND SPEAK ON AGENDA ITEM NUMBER FOUR, WHICH IS 1907 CLIFF STREET.

SORRY.

UM, YES.

I LIVE ACROSS THE STREET FROM NINE OH SEVEN CLIFF STREET.

IT, UH, OUR NEIGHBORHOOD, OUR STREET HAS SEVERAL BEAUTIFUL HISTORIC HOUSES ON IT.

AND NINE OH SEVEN WOULD BE ONE OF THOSE BEAUTIFUL HISTORIC HOUSES GALECKI THAT THIS HOUSE HAS SUFFERED, MAKES THE NEIGHBORHOOD FEAR THAT EVERY YEAR THAT PASSES, UH, MAKES IT LESS LIKELY THAT THIS HOUSE CAN EVER BE RESTORED.

UM, MS. SANCHEZ, UM, HAS FILLED THE HOUSE TO THE RAFTERS, UH, WITH HOARDED THINGS AND CONTINUES TO FILL THE YARD WITH, UH, EVERYTHING THAT SHE FINDS AND BRINGS HOME.

UM, UH, THIS IS NOT THE ONLY PROPERTY THAT SHE OWNS.

SHE OWNS, UM, I BELIEVE SIX OTHER PROPERTIES AROUND TOWN, INCLUDING A BEAUTIFUL HOUSE ON 22ND AND A HALF STREET, WHICH IS WHERE SHE LIVES.

THAT WAS REMODELED AT A COST OF $900,000.

UM, JUST, UH, I THINK SEVEN OR EIGHT YEARS AGO.

UM, SO THIS IS NOT HER PRIMARY RESIDENCE.

IT'S NOT EVEN ONE OF JUST A FEW HOUSES THAT SHE OWNED.

I BELIEVE SHE OWNED SIX HOUSES.

AND, UM, AS I SAY, UH, THE CITY HAS COME TO CLEAR OUT THE YARD THREE TIMES SINCE I'VE LIVED THERE TAKING AWAY 24 TRACTOR TRAILER LOADS FULL OF GARBAGE, JUST FROM THE YARD, NOT FROM THE HOUSE, THIS HAS HAPPENED THREE TIMES AND EVERY TIME THEY FINISHED, UM, SHE JUST BEGINS TO FILL IT UP AGAIN.

AND THE YARD IS FULL OF CONTAINERS THAT COLLECT WATER AND BREED THE MOSQUITOES.

UM, THE HOUSE, UH, IS HOME TO ALL MANNER OF RATS AND WILD ANIMALS.

AND I'M NOW GIVEN TO UNDERSTAND, UM, SQUATTERS.

UM, AND AS I SAY EVERY YEAR, THAT GOES BY, THERE'S LESS HOPE THAT THIS HOUSE CAN BE RENOVATED.

I UNDERSTAND THAT SHE HAS RACKED UP HUGE AMOUNTS OF FINES FROM THE CITY.

AND, UH, FRANKLY, I JUST SIMPLY CAN'T UNDERSTAND WHY THE CITY CANNOT COMPEL HER TO SELL THIS HOUSE.

THAT IS ONLY ONE OF HER MANY PIECES OF REAL ESTATE IN TOWN IN ORDER TO PAY HER FINES AND GIVE THE NEIGHBORHOOD HOPE THAT SOMEBODY MIGHT ACTUALLY BE ABLE TO FIX UP THIS HOUSE BEFORE IT'S TOO LATE.

THAT'S IT.

OKAY.

THANK YOU, MS. LEAK.

AND DO WE HAVE LESLIE TAYLOR ALSO SPEAKING ON THE SAME AGENDA ITEM? THE SAME PROPERTY SHOULD BE, I MEAN, TO KNOW, YEAH, I'M LIVING ON THE PROPERTY ADJACENT TO 1907 CLIPS STREET.

UM, I HAVE MANY OF THE SAME CONCERNS AS CARRIED US.

I WON'T REPEAT, REPEAT ALL OF THEM, BUT, UH, JUST YESTERDAY WE HAD PEST CONTROL FOLKS OUTSIDE OUR PROPERTY BECAUSE WE HAVE A SEVERE CARPENTER ANT PROBLEM.

AND I LIVE IN A HISTORICAL LANDMARK HOME AND YEAH, THE PEST CONTROL GUY CAME OUT.

HE'S LIKE, I CAN TREAT YOUR CARPENTER ANT, HOWEVER, FIVE FEET AWAY, YOU HAVE THIS BAMBOO JUNGLE WITH DEBRIS AND, UH, TREES AND LOGS AND ALL KINDS OF STUFF.

SO ANYWAY, TREATING OUR HOME IS ONE THING, BUT WE HAVE A VACANT DERELICT HOME RIGHT NEXT TO US THAT, UH, AS OF RECENTLY WE'VE CAUGHT, UM, SQUATTERS ON.

AND, UM, THERE, MY OTHER CONCERN IS THAT THERE IS A LARGE, UH, IT LOOKS LIKE AT ONE POINT THE OWNER WAS TRYING TO BUILD A POOL IN THE BACK OF HER PROPERTY, BUT IT HAS BEEN, UM, LEFT AND NEGLECTED AND THAT LARGE, UH, SUNKEN HOLE FILLS WITH WATER.

SO THERE'S ALSO THE CONCERN THAT THE NEIGHBORHOOD CHILDREN THAT LIVE IN PLAY IN THE RAVINE, UM, ADJACENT TO MARY'S PROPERTY COULD POTENTIALLY DROWN IN THIS, UH, SIX FOOT BY FOUR FOOT

[00:25:01]

POOL.

THAT'S BEEN DESERTED AND LEFT.

AND AS OF RECENTLY, WE HAVE SEEN, UM, INDIVIDUALS COME IN AND COMING AND GOING FROM THE BACK OF THE PROPERTY, UH, SQUATTING ON THE PROPERTY.

AND THEN THE OTHER MAJOR CONCERN MY HUSBAND AND I HAVE IS THAT THERE'S A HUGE FIRE HAZARD WITH ALL OF THE, UM, LOGS AND FIREWOOD AND TO BREATHE THAT HAS COLLECTED ON HER PROPERTY AND THE VERY THICK BAMBOO FOREST THAT SHE'S ALLOWED TO, UM, GROW, UM, UNKEPT ON THE BACK OF OUR PROPERTY.

AND THEN AGAIN, ALL OF THE ITEMS THAT HAVE BEEN FILLED TO THE RAFTERS INSIDE OF HER HOUSE, YOU KNOW, OUR CONCERN IS THAT IF SOMEBODY IS SQUATTING IN THE HOME AND THEY STRIKE A MATCH, THERE'S A HUGE FIRE HAZARD, JUST SEND FEET FROM OUR HISTORICAL LANDMARK PROPERTY THAT WE OWN.

SO THOSE ARE MY CONCERNS.

THAT'S ALL I HAVE TO SAY.

OKAY.

THANK YOU, MS. TAYLOR, AND, UH, JET BUTLER.

I WASN'T CERTAIN IF YOU WERE GOING TO SPEAK OR NOT, BUT, UM, IF YOU ARE ON THE LINE AND WOULD LIKE TO SPEAK, PLEASE, PLEASE DO SO.

YEAH.

AND THAT'S MY HUSBAND.

HE'S NOT HERE.

HE ALLOWS ME TO SPEAK FOR THE TWO OF US.

OKAY.

UNDERSTOOD.

OKAY.

SINCE SAY HE ALLOWED ME, BUT WHATEVER.

UNDERSTOOD.

OKAY.

THANK YOU, MS. TAYLOR.

YES.

ALL RIGHT.

UM, MS. ALLIE, I BELIEVE WE ARE READY TO PROCEED TO ITEM NUMBER ONE ON THE AGENDA CHAIR.

I DON'T BELIEVE WE HAVE ANYONE ELSE FOR CITIZENS, COMMUNITY FOR PUBLIC COMMENT.

WOULD YOU LIKE TO MOVE ON TO THE AGENDA ITEMS? YES.

YES, PLEASE.

I'M SORRY.

I THOUGHT IT SAID THAT THAT MAYBE YOU DIDN'T HEAR ME MAYBE SPEAKING TO SOMEONE HERE.

OKAY, PLEASE, PLEASE.

UM, WE ARE READY TO HEAR ITEM NUMBER ONE.

[1. Case Numbers: CL 2021-061291 Property Address: 2347 Douglas Street, Unit 2101, aka known as Douglas Landing / Owner: Douglas Street Landing, Ltd. Staff Presenter: Erica Thompson Staff Recommendation: Repair commercial multi-family structure]

THE FIRST ITEM ON THE AGENDA IS REGARDING 2347 DOUGLAS STREET UNIT 2101, WHICH IS PART OF A MULTIFAMILY PROPERTY.

ALSO KNOWN AS DOUGLAS LANDING.

THE CASE NUMBER IS 21 IS CL 21 2021 ZERO SIX ONE SIX FOUR TWO STAFF EXHIBITS FOR THIS CASE CAN BE FOUND IN THE YELLOW BOOK IN THE GOOGLE DRIVE FOLDER.

AND LET ME GO THROUGH A FEW FACTS ABOUT THE CASES IS AN EXISTING, THE EXISTING SUBSTANDARD, MS. MS. ALLIE, I'M SORRY, ADAM, THE CITY HALL.

I BELIEVE WE ARE LOOKING AT THE WRONG THING RIGHT NOW.

IT'S THE YELLOW BOOK DOUGLAS STREET.

YEP.

THERE WE GO.

OKAY.

OKAY.

NO WORRIES.

THE EXISTING SUBSTANDARD CONDITIONS OF THIS STRUCTURE ARE THE RESULT OF THE WINTER STORM IN FEBRUARY EXHIBIT ONE CONTAINED TO CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE COMPLAINING CASE HISTORY, THE REQUIRED NOTICE OF VIOLATION NOTICES OF HEARING AND POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS OF THE PROPERTY AS WELL AS CODES RECOMMENDED ORDER AUSTIN CODE INVESTIGATOR, ERICA THOMPSON IS CURRENTLY ASSIGNED TO THIS CASE AND WILL NOW PRESENT PHOTOS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO.

I AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS.

INVESTIGATOR THOMPSON.

PLEASE BEGIN YOUR TESTIMONY GETTING COMMISSIONERS.

YES, THAT'S GREAT.

THANK YOU.

MY NAME'S ERICA THOMPSON.

I'M A CODE ENFORCEMENT OFFICER WITH THE CITY OF AUSTIN.

I'M HERE TO DISCUSS THE DOUGLAS LANDING APARTMENTS LOCATED AT 2347 DOUGLAS STREET, SPECIFICALLY UNIT 2101.

THIS CASE WAS ORIGINALLY ASSIGNED TO INSPECTOR HOWARD.

HOWEVER, HE COULDN'T MAKE IT THIS EVENING.

SO I'LL BE PRESENTING THE CASE ON MARCH 16TH, 2021.

THE CODE DEPARTMENT RECEIVED A COMPLAINT FOR STRUCTURAL ISSUES AFTER THE STORM ON MARCH 17TH AND INSPECTION WAS PERFORMED BY INSPECTOR HOWARD.

WHEN THE FOLLOWING VIOLATIONS WERE OBSERVED, PROPERTY, PROPERTY MAINTENANCE CODE THREE OH 5.34 INTERIOR STRUCK SURFACES, AND THIS INCLUDED, DAMAGED AND PATCHED AREAS OF THE KITCHEN CEILING, A KITCHEN DRAWER, AND SOME CABINETS IN THE KITCHEN.

A NOTICE OF VIOLATION WAS ISSUED ON MARCH 17TH.

DURING REPAIRS, THE TENANTS WERE HOUSED IN A HOTEL FOR A SHORT PERIOD OF TIME AND THEN PLACED IN NEW APARTMENTS.

THE COMMUNITY MANAGER, REGINA RAMOS ADVISED THAT THIS UNIT WOULD NOT BE OCCUPIED UNTIL ALL THE REPAIRS WERE MADE DURING THE FOLLOW-UP INSPECTION BY HOWARD ON APRIL 14TH, HE OBSERVED LARGE PORTIONS OF DRYWALL REMOVED FROM THE INTERIOR.

HE INFORMED THEM THAT THEY WOULD NEED A PERMIT FOR THE

[00:30:01]

WORK I CONDUCTED A FOLLOW-UP INSPECTION ON MAY 24TH, AND THE UNIT STILL HAD MISSING DRYWALL, ALL THE PLUMBING, FIXTURES AND APPLIANCES REMOVED AND ALL THE FLOORING AND BASEBOARDS REMOVED.

THE UNIT REMAINS VACANT.

I QUERIED THIS CITY'S PERMITTING DATABASE AND WAS UNABLE TO LOCATE A PERMIT FOR THIS PROPERTY.

I SPOKE TO PATRICIA HENDERSON IN THE OFFICE AND EXPLAINED THAT THEY STILL NEEDED TO OBTAIN PERMITS FOR THE UNIT.

AND SHE SAID THEY WERE WORKING ON IT ON MAY 25TH.

A BUILDING PERMIT WAS ISSUED FOR THE REPLACEMENT OF THE DRYWALL FOR THIS UNIT.

I WILL NOW TAKE YOU THROUGH THE PHOTOS LABELED TWO EIGHT THROUGH TWO.

I OKAY.

UM, PHOTO TWO, A, UM, SHOWS YOU THE ADDRESS, UM, OF THE PROPERTY AT DOUGLAS LANDING.

NEXT PHOTO PHOTO TWO B SHOWS YOU THAT WE WERE AT UNIT 2101 DURING THIS INSPECTION NEXT PHOTO PHOTO TO SEE.

SO IN YOUR UP PATCH JOB THAT WAS DONE ON THE CEILING, UM, AFTER THEY REPAIRED THE LEAK UP THERE, NEXT PHOTO PHOTO TWO, D'S EXHIBITING THE DAMAGED CABINETS IN THE KITCHEN.

NEXT PHOTO PHOTO TWO E IS ALSO SHOWING, UM, BEHIND THE PLUMBING, THE DRYWALL WAS REMOVED BACK THERE TO GET TO A LEAK.

NEXT PHOTO OH TWO F SHOWS A NOTHER DAMAGED CABINET ABOVE THE STOVE TOP NEXT PHOTO PHOTO TWO G SHOWS FOLLOW UP PHOTOS.

AND WHEN I RETURNED, UM, ON MAY 24TH THAT SHOWS THE SHEET ROCK REMOVED AND APPLIANCES, ALL CABINETS REMOVED.

NEXT PHOTO.

THIS IS ANOTHER VIEW OF THE KITCHEN TO SHOW THAT THAT WHOLE ENTIRE WALL OF SHEET ROCK HAS BEEN REMOVED.

NEXT PHOTO.

THIS IS A DIFFERENT ANGLE SHOWING THE KITCHEN AND SOME OF THE LIVING ROOM OVER THERE ON THE LEFT-HAND SIDE OF SHEET ROCK REMOVED.

I THINK THAT'S IT.

AND THAT IT'S MY PRESENTATION I'M AVAILABLE FOR ANY QUESTIONS YOU MIGHT HAVE BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.

AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS UNIT OF THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS, STAFF ASSET COMMISSION, TO ADMIT EXHIBIT ONE, WHICH INCLUDES THE NOTICES OF VIOLATION OWNERSHIP INFORMATION FROM THE TRAVIS CENTRAL APPRAISAL DISTRICT NOTICES OF HEARING STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS AND EXHIBIT TWO EIGHT THROUGH TO I, WHICH ARE PHOTOS OF THE PROPERTY STAFF REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND ORDER THE FOLLOWING REQUIRE THAT THE OWNER OWNER'S REPRESENTATIVE COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED, OBTAIN, AND FINALIZE ALL NECESSARY PERMITS, REPAIR, ALL SIDE OF VIOLATIONS TO UNIT 2101 OF THE COMMERCIAL MULTI-FAMILY STRUCTURE RE REQUEST INSPECTIONS FROM AUSTIN CODE, VERIFY COMPLIANCE AND TWO ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.

THANK YOU, COORDINATOR ELLIE.

SO I WILL GO AHEAD AND ADMIT, UH, STAFF EXHIBITS ONE AND TWO A THROUGH TWO I, AND IT APPEARS WE HAVE A NUMBER OF PEOPLE SIGNED UP, UH, AS REPRESENTATIVES OF THE PROPERTY.

I'M SEEING FIVE PEOPLE I'LL LIST OFF YOUR NAMES.

AND, UM, I DON'T KNOW WHO WANTS TO GO FIRST, BUT, UH, I'LL LIST THE NAMES AND YOU CAN ALL, LET ME KNOW.

WE HAVE WAYNE THAI, MARK MOLDOVAN, PETE MARTINS, DAVID KING, AND BRIAN SCHNEIDER WOULD, WHO WOULD LIKE TO SPEAK UP OR GO FIRST SEVERAL PEOPLE AT ONCE.

IT COULD GET VERY NOISY IF WE MIGHT WANT TO JUST DO ONE AT A TIME.

GOOD POINT.

UM, WAYNE THAI, WOULD YOU LIKE TO SPEAK

[00:35:01]

UP AND GO FIRST? OH, UM, CAN Y'ALL HEAR ME NOW? YES, WE CAN.

I'M SORRY ABOUT THAT.

UM, SO WE HAVE MR. KING ON, UH, HE, I WOULD LIKE TO HAVE MR. KING START OFF, UH, THE, UH, RESPONSES.

DAVID, ARE YOU ON? OKAY.

DAVID GANG.

DAVID KING SHOULD BE ON NOT A PERIOD.

I'M HERE.

CAN YOU HEAR ME? YES, WE CAN PLEASE GO AHEAD.

OKAY.

I WAS, I MUST'VE BEEN ON MUTE SOMEHOW.

UH, THIS IS DAVID KING, UH, FOR THE OWNER.

I'M A LAWYER AT ARMERSON BROWN AND, UH, I BELIEVE EVERYBODY WHO, UH, YOU ANNOUNCED IS PRESENT EXCEPT FOR BRIAN SCHNEIDER.

AND, UH, AND SO JUST TO INTRODUCE THE FOLKS WHO ARE HERE, WAYNE, TY AS VICE PRESIDENT OF THE OWNER, UH, PETE MARTINS IS, UH, WITH THE MANAGEMENT COMPANY AND MARK MOLDOVAN, UH, WORKS FOR THE CONTRACTOR BELFOUR, WHICH WAS HIRED TO DO THE REMEDIATION WORK.

UM, AND, AND I'LL GO AHEAD AND, UH, I'LL CALL MR. TY AND, UH, MR. MOLDOVAN TO GIVE A LITTLE OVERVIEW OF THE HISTORY, BUT JUST AS A, A PREVIEW, UH, IF I MIGHT, UH, THIS UNIT IS NOT OCCUPIED, IT THERE'S NO A RESIDENT WHO'S GOING TO BE MOVING BACK INTO IT.

IT'S AN UNOCCUPIED UNIT THAT IS JUST OWNED BY THE OWNER.

IT WAS DAMAGED IN THE WINTER FREEZE.

UH, PIPES WERE, UH, WERE BURST AND THERE WAS WATER DAMAGE.

AND OF COURSE THE DRYWALL HAD TO COME OUT BECAUSE OTHERWISE YOU WOULD HAVE MOISTURE AND IT WOULD GROW MOLD.

AND SO THE DRYWALL WAS REMOVED, UH, AS, UH, YOU ALREADY HEARD, UH, THE, IN THE INSPECTOR WHO SAW THE WALLS PULLED OUT BECAUSE THE DRYWALL HAD TO BE PULLED OUT, UH, SAID THAT THE OWNER NEEDED TO GET A PERMIT AND ADVISE THE OWNER THAT, UH, IF, IF WE'RE ABLE TO GET A PERMIT FOR THE DRY WALL WORK FOR THIS ONE UNIT, BY THE WAY, THIS IS A SINGLE VIOLATION FOR A SINGLE UNIT.

UH, IF WE OBTAIN THAT PERMIT, THEN, UH, WE'D BE ABLE TO, UH, CURE THE ISSUE AND BE ABLE TO MOVE ON AND DO A REMEDIATION WORK.

AS YOU ALSO HEARD, UH, THAT PERMIT HAS BEEN ISSUED, UH, THAT'S PERMIT NUMBER 2021 DASH ZERO SEVEN EIGHT SEVEN THREE ONE, BP A.

AND SO THERE, THERE IS A PERMIT TO DO THE WORK.

THERE IS A RESTORATION COMPANY THAT HAS LONG BEEN ENGAGED TO, TO CONTINUE TO DO THE WORK TO COMPLETION, UH, AND, UH, AND WE HOPE TO FINISH IT AS SOON AS POSSIBLE.

AND, AND IF I MIGHT NOW, I'LL, I'LL JUST CALL, UH, MR. TY TO GIVE A LITTLE BIT OF AN OVERVIEW, UH, FROM THE OWNER'S PERSPECTIVE, IF I COULD, YES, PLEASE.

GO AHEAD.

OKAY.

THANK YOU.

UM, YEAH.

UH, MY NAME IS WAYNE.

I N D LIKE DAVID SAID, I AM THE VICE PRESIDENT OF ASSET MANAGEMENT FOR THE OWNERSHIP GROUP.

UH, THIS ONE UNIT WAS DAMAGED DURING THE UNFORTUNATE WINTER THREE STORM THAT OCCURRED SOMETIME IN JUNE THE SECOND AND THIRD WEEK OF FEBRUARY.

UM, IMMEDIATELY AFTER THE STORM PIPE BURST WATER DAMAGED THE UNITS, UH, WE HAD MADE ARRANGEMENTS FOR BELFOR, UH, AND OTHER CONTRACTORS TO IMMEDIATELY START SOME EMERGENCY WORK, THE EMERGENCY WORK, WHICH WAS TO, UH, REPAIR IMMEDIATE WATER BURST AND SUBSEQUENT TO THAT, UH, REMEDIATION REMOVAL OF WET MATERIALS TOOK PLACE IMMEDIATELY AFTER THE STORM THAT STARTED SOMETIME IN THE LATER PART OF FEBRUARY AND IS ONGOING.

UH, SO THE PICTURES DEPICTED, UH, BY, UH, MS. THOMPSON THAT IS OF THE WORK IN PROGRESS OF PICKING OUT WHAT MATERIALS, LETTING THE INTERIOR WALLS DRY, UM, AND AWAITING THE INSURANCE COMPANY TO FINALIZE HER SCULP AND WORK WITH BELFOR AND US TO FINALIZE WHAT NEEDS TO BE DONE, WHAT IS GOING TO BE COVERED AND MOVE ON WITH THE REPAIR PORTION.

UH, WE WERE NOTIFIED BY A HOWARD WHEN HE VISITED THAT THE INTERIOR CONDITION, UH, NEEDS TO BE REPAIRED AS QUICKLY AS POSSIBLE.

BUT HOWEVER, AS WE WERE STILL WAITING FOR THE INSURANCE COMPANY TO FINALIZE THOSE SCULPT, AND AS OF THIS WEEK, UM, WE STILL HAVE NOT RECEIVED THEIR SCOPE.

UH, WE ARE NOT ABLE TO MOVE FORWARD WITH THE REPAIRS UNTIL THE SCOPE AND THE AMOUNT COVERED

[00:40:01]

OR KNOWN INSPECTOR HOWARD ASKED US TO, UH, IN THAT CASE, PULL A SINGLE UNIT DRYWALL PERMITS.

UH, I ASKED MARK WITH BELFOR RESTORATION COMPANY TO SPEAK WITH THE CITY TO DO SO.

HOWEVER, HE WAS ADVISED BY THE COMMERCIAL DEVELOPMENT AND PERMITTING DEPARTMENT THAT A SINGLE UNIT IN OUR CASE IS NOT APPROPRIATE.

WE LEFT IT AT THAT.

UH, BUT WHEN WE GOT THE NOTICE OF THE HEARING, UH, I WENT AND I APPLIED FOR A SINGLE USE PERMIT, A SINGLE DRYWALL PERMIT, WHAT IS ONE UNIT AND OBTAINED IT ON THE 25TH, BUT THAT MAY BE DUPLICATIVE BECAUSE PER WHAT THE CITY'S COMMERCIAL DEVELOPMENT AND PERMITTING DEPARTMENT LET MARK APP BELFER KNOW IS WE NEED AN OVERALL PERMIT AND OVERALL BUILDING PERMIT THAT COVERS ALL DAMAGED UNITS.

UH, MARK IS WORKING WITH THAT DEPARTMENT THIS WEEK IN OBTAINING THAT THEY WERE SUPPOSED TO MEET.

UH, I WOULD LET MARK SPEAK MORE ON TO THAT POINT, UH, BECAUSE I, I W I AM NOT THE PERSON MEETING WITH THE CITY'S DEPARTMENT, UH, TRYING TO OBTAIN THE OVERALL PERMITS, BUT TO PUT EVERYBODY OR SHIRT, WE ARE TRYING TO GET THE UNIT REPAIRED AS QUICKLY AS POSSIBLE.

HOWEVER, THE BOTTLENECK HAS BEEN WITH THE INSURANCE COMPANY.

MARCO, WOULD YOU LIKE TO GIVE US A, UM, STATUS OF WHERE BELFER IS AT, IN TERMS OF REMEDIATION AND PULLING THE PERMIT? WHAT ELSE NEEDS TO BE DONE? AND THE APPROXIMATE TIMELINE, MARK.

JOHN, CAN YOU HEAR ME? CAN YOU HEAR ME? HELLO? WE CAN HEAR YOU.

OKAY.

ALL RIGHT.

HI GUYS.

MY NAME IS MARK MOLDED.

I'M WITH BELFOR PROPERTY RESTORATION.

SO WE DID THE MEDIATION AND I HAVE SPOKEN TO MARLIN HARTMAN WITH THE CODE.

HE'S THE BUILDING OFFICIAL DOWN THERE AT THE CITY OF AUSTIN.

HE, HE GOT ME IN TOUCH WITH, UH, J WHICH IS THE INSPECTOR FOR DOUGLAS LANDING YESTERDAY.

UH, THE QUESTION WAS IF WE'RE GOING TO HAVE TO PROVIDE PLANS.

SO ACCORDING TO MY CONVERSATION WITH JAY YESTERDAY, UM, TO OBTAIN THE BUILDING PERMIT, WE WILL NOT HAVE TO HAVE PLANS.

UH, WE, HE DOES WANT US TO GO AHEAD AND, AND HAVE, UH, THE BLANKET PERMIT AND INCLUDE THE PLUMBING.

UH, IF THERE'S A HOT WATER TANK THAT'S BEEN AFFECTED, IT'S GOING TO HAVE TO BE RE-INSTALLED.

UH, HE WANTS THAT ALSO INCLUDED IN THIS PORTION OF THE BUILDING PERMIT.

SO WE WERE IN THE PROCESS AND, UH, I, I LIKE TO JUST, UH, PIGGYBACK ON THE, YEAH, WE ARE WAITING THE INSURANCE COMPANIES.

WHAT HAPPENS WHEN, WHEN YOU HAVE A CAT, A CAT LOSS IS INSURANCE COMPANIES HIRE A LOT OF CONSULTANTS AND THE CONSULTANTS THAT ARE THE ONES THAT THEY WALK, THE PROPERTIES THEY GO THROUGH.

AND THEY, THEY USE A SYSTEM CALLED EVACUATE, WHICH THEY COME UP WITH THE SCOPE OF WORK.

THAT'S WHAT, UH, WHAT WE'RE WAITING ON TO START, AND THAT THAT'S ALL THE FINAL NUMBERS AND DETAIL OF WHAT THE, HOW MUCH THE INSURANCE WAS GONNA PAY AND, AND, AND MAKE SURE IT'S REAL IMPORTANT JUST TO MAKE SURE EVERYTHING'S COVERED BEFORE YOU START.

SO HOPEFULLY, UH, I DID TALK TO, UH, JEFF WITH TRAVELERS.

UH, HE'S HOPING TO HAVE THAT THIS FRIDAY FROM THEM.

UM, SO HOPEFULLY WE'LL BE ABLE TO START HERE AFTER THE HOLIDAY AND GET THE BALL ROLLING WITH THE PERMIT AND EVERYTHING ELSE.

AND MR. MALDEN VAN, THIS IS DAVID KING.

CAN I ASK YOU, IS IT, IS IT FORESEEABLY POSSIBLE TO FINISH ALL THE WORK IN 45 DAYS, GIVEN THAT WE'RE STILL WAITING FOR INSURANCE TO APPROVE? YEAH, SO TYPICALLY ONCE, UH, ONCE THE SHIRT'S APPROVED, IT'S GOING TO TAKE A COUPLE OF DAYS JUST TO GO THROUGH IT'S, IT'S MUCH MORE THAN JUST, WE CAN LOOK AT THIS ONE AND MAYBE DO A SEPARATE CONTRACT OF THIS ONE, BUT TO DO THE PROCESS, UH, IT IS TAKEN, YOU KNOW, FOUR TO SIX WEEKS TO GET CABINETS ORDERED.

UH, ONCE, ONCE WE PULL THE TRIGGER ON CABINETS, AND OBVIOUSLY THIS ONE HAS SOME CABINET ISSUES, UH, TO DRYWALL, IT'S GOING TO TAKE 10 DAYS FROM THE TIME YOU, YOU HANG, HANG THE DRYWALL, YOU DO HAVE TO FINISH IT.

USUALLY THAT TAKES 10 DAYS, UH, WORKING DAYS.

WE DO HAVE, WHAT'S NICE WITH BALFOUR.

I MEAN, WE, WE ARE THE LARGEST RESTORATION COMPANY.

UM, WE, WE HAVE OUT OF TOWN.

WE'VE GOT RIGHT NOW, 80 PEOPLE FROM HOUSTON, UH, THAT ARE SKILLED LABORS, UH, THAT ARE ON OTHER JOBS.

NOW THAT WE WERE, WE'RE GOING TO USE THAT FOR THIS JOB, ONCE IT, ONCE WE PULLED THE TRIGGER.

SO MANPOWER WON'T BE AN ISSUE.

WE'VE ALSO, WE PURCHASED THAT, OH, SHOOT, 30,000 SHEETS OF DRYWALL THAT WE HAVE IN THE STORAGE UNIT.

SO WE HAVE THE MATERIAL AND CAPABILITY OF DOING IT, BUT TO GET IT DONE IN 45 DAYS, IT'S GOING TO BE TOUGH.

IT'S JUST, IT'S ALL ABOUT MANPOWER RIGHT NOW.

SO DID I ANSWER YOUR QUESTION, DAVE? YES.

AND HOW LONG HAVE YOU BEEN ENGAGED, UH, TO DO THIS WORK? UH, BY

[00:45:01]

THE OWNER? IT HAS NOT.

IT WAS NOT IN THE PAST DAYS.

YOU'VE BEEN ENGAGED FOR SOME TIME, CORRECT? YEAH.

BACK IN, UH, EARLY, WE WERE THE ONES THAT DID THE MITIGATION.

SO WE'VE BEEN TALKING SINCE THEN ABOUT DOING IT? CORRECT.

ALL RIGHT.

SO FROM THAT MARCH END OF FEBRUARY, YEAH.

EARLY MARCH AND THE FEBRUARY, MARCH, RIGHT.

AND THERE HAS NOT BEEN A LACK OF DILIGENCE ON YOUR END.

IT'S JUST THE ISSUE OF THE BOTTLENECK OF THE INSURANCE.

AND THAT'S REALLY THE ONLY HURDLE OTHERWISE YOU'VE BEEN PROCEEDING AS QUICKLY AS POSSIBLE TO GET IT REMEDIATED, CORRECT? YES.

ALL RIGHT.

AND JUST SO WE'RE CLEAR, THIS IS FOR A SINGLE UNIT, BECAUSE THERE'S ONLY ONE, UH, YOU TALKED ABOUT OTHER UNITS, BUT TODAY WE'RE TALKING ABOUT ONE SINGLE UNIT, UH, 21 ZERO ONE.

UM, UH, THAT'S THE UNIT THAT SAID ISSUE, CORRECT? YEAH, THAT'S CORRECT.

ALL RIGHT.

OKAY.

ANYTHING ELSE FROM, UH, MR. KING OR MR. MOLDOVAN OR MR. TY? NO, I'LL JUST, JUST IN CLOSING THOUGH, I'LL JUST, UH, UH, NOTE THAT, UH, IN LIGHT OF THESE CIRCUMSTANCES WHERE THERE HAVE BEEN DILIGENT EFFORTS AND UNDER, UH, WHAT WAS, UH, A HARROWING SITUATION FOR ALL WHERE PIPES WERE BURSTING ALL OVER THE PLACE.

AND THIS IS, WE'RE TALKING ABOUT A SINGLE UNIT WITH NO RESIDENTS WHO WERE TRYING TO GET BACK INTO IT.

IT'S NOT OCCUPIED.

UH, AND WE, THERE HAS BEEN DILIGENT EFFORTS SINCE FOUR MONTHS SINCE MARCH TO GET THIS REMEDIATED.

AND THE ONLY ISSUE IS, IS INSURANCE.

AND THERE'S A PERMIT FOR IT.

AS THE INSPECTOR ASKED THE OWNER TO DO THE PERMIT IS IN PLACE.

UH, WE THINK IT IS, UH, WOULD BE PUNITIVE TO IMPOSE A 40 DAY 45 DAY DEADLINE, AND THEN START FINDING THE OWNER.

UH, THEY'RE JUST DOING EVERYTHING THEY CAN.

UH, AND THIS ONLY INVOLVES ONE UNIT, UH, TO THE EXTENT THERE'S OTHER DAMAGE.

UH, THE OWNER IS OF COURSE REMEDIATING THAT AS WELL, BUT THAT'S NOT BEFORE THE COMMISSION TODAY.

UH, WE'RE TALKING ABOUT A SINGLE UNOCCUPIED UNIT.

OKAY.

THANK YOU, MR. KING, UM, FELLOW COMMISSIONERS.

DO YOU HAVE QUESTIONS FOR THE PROPERTY REPRESENTATIVES OR FOR OUR CODE INSPECTOR? UH, YES.

COMMISSIONER SEELIG.

SO AS WERE REPEATEDLY UNOCCUPIED WHO WAS LIVING THERE AT THE TIME WHEN THE PIPES BURST, WHERE IS THAT RESIDENT NOW? RIGHT.

MY UNDERSTANDING.

AND I'LL LET THE, UH, THE OWNER'S REPRESENTATIVE, UH, CORRECT ME IF I'M WRONG ON IT.

I UNDERSTAND THAT THE, THE TENANT WHO WAS IN THAT UNIT WAS MOVED TO A NON DAMAGED UNIT AND IS IN, IS THAT'S THEIR THAT'S THEIR RESIDENCE.

AND SO THERE'S, THERE'S NO TENANT WHO IS SUPPOSED TO GO BACK INTO THE UNIT, THE TENANT WHO WAS THERE HAS BEEN MOVED TO A, TO A NON DAMAGED UNIT, BECAUSE WE DON'T WANT TENANTS IN A UNIT THAT HAS NO DRYWALL.

WELL, THAT'S OBVIOUS, BUT WHAT HAPPENED TO ALL THEIR BELONGINGS? WERE THERE EVER, WERE THEY DAMAGED AS WELL BECAUSE OF THE PIPES BURST? NOT THAT I'M AWARE OF.

THAT'S NOT, CERTAINLY NOT BEFORE.

THAT'S NOT AN ISSUE THAT'S BEFORE THE COMMISSION TODAY.

UM, I UNDERSTAND THAT THE TENANT HAS BEEN, HAS MOVED TO, UH, TO AN UNDAMAGED UNIT, INCLUDING THEIR BELONGINGS.

OKAY.

COMMISSIONER GRANT.

OH, YOU'RE MUTED.

I'M SORRY.

I THOUGHT I SAID THEY MOVED TO A HOTEL, NOT ANOTHER UNIT.

THEY MOVED TO A HOTEL ACROSS TOWN.

THAT COULD BE A BIG DEAL.

NO, NO.

THE TENANT IS NOT IN A HOTEL.

UH, MY UNDERSTANDING, AND I'LL LET MR. TY WEIGH IN.

IF I'M INCORRECT ON THAT, I UNDERSTAND THAT THE TENANT IS IN A PERMANENT UNIT, NOT IN A HOTEL.

THE TENANT IS NOT.

WE'LL TELL A SUB FOR RESIDENTS WHO WE ARE ABLE TO RELOCATE.

WE HAVE RELOCATED AND OTHER RESIDENTS, IF WE DON'T HAVE SPACE, UH, UNFORTUNATELY PER THE INSURANCE, WE WOULD HAVE TO, UH, LET THEM OUT OF THEIR LEASE.

UH, BUT IN THIS CASE, I BELIEVE THIS TENANT DID RELOCATE TO ANOTHER UNIT.

SO THIS EMAIL WENT OUT IN MARCH 19, 4:35 PM.

RON PATRICIA HENDERSON, SANDALWOOD MANAGEMENT, THE HOWARD LAMOTT, HOWARD TEX.GOV.

THAT IS THAT A RESIDENCE IS STAYING AT THE HOTEL AT THE EXPENSE OF DOUGLAS LANDING.

THERE WAS RUNNING WATER, EVEN THOUGH YOU'RE TELLING ME THAT THEY'VE BEEN MOVED FROM THE, SO SIR, INITIALLY WE

[00:50:01]

DID PLACE RESIDENTS, UH, VARIOUS RESIDENTS AT HOTELS, BUT WHEN IT BECAME APPARENT THAT THESE UNITS ARE DAMAGED TO EIGHT, UH, CONDITION WHERE WE CANNOT REASONABLY REPAIR THEM IN A MATTER OF A WEEK OR SO, UH, WE DID NOT.

WE, UM, LET THEM KNOW THAT ONE, WE EITHER COULD RELOCATE THEM.

IF WE HAVE SPACE OR TWO, WE WILL UNFORTUNATELY HAVE TO LET THEM OUT OF THEIR LEASE.

SO INITIALLY, IF THEY WERE PLACED IN HOTELS, WE DID PICK UP THE COST.

UH, BUT AFTER SPEAKING WITH INSURANCE, AFTER SPEAKING WITH, UH, OUR CONTRACTOR, IT'S GOING TO TAKE SOME TIME, UH, WE, WE EXERCISE PART OF THE LEASES CLAUSE THAT, UH, THAT ALLOWS US AND A TENANT, UH, TO BREAK THE LEASE.

YEAH.

OKAY.

SORRY, I DIDN'T CATCH IT UP.

I SAID, HE BROKE WITH ME TELLING ME ONE THING AND THEN TELLING ME THAT YOU WERE THERE, THERE WERE 19 UNITS INVOLVED.

SO I DON'T, I'M SORRY.

SORRY.

I DIDN'T CATCH THAT.

I THINK COMMISSIONER MILLER ASKED HER QUESTIONS IF WE, YEAH.

THIS IS KIND OF FOLLOWING ON THE SAME TOPIC.

SO, UM, YOUR INSURANCE COMPANY SAID SINCE THE UNITS WERE NOT HABITABLE, YOU COULD BREAK THE LEASE OR ALLOW THEM TO, TO, UM, NOT BE BOUND BY THE LEASE.

SO THAT MEANS THEY NO LONGER COULD RETURN OR, UM, YOU KNOW, THEY'RE FREE TO GO, BUT WHERE WERE WE AT THAT POINT? WHERE DID YOU STOP PAYING FOR THE HOTEL? ALSO FOR THEM? WE ADDITIONALLY PAID FOR HOTELS WHEN IT BECAME APPARENT.

WE COULDN'T REPAIR THESE UNITS IN A REASONABLE AMOUNT OF TIME.

UH, WE UNFORTUNATELY HAD TO LET A NUMBER OF TENANTS KNOW THAT WE COULDN'T DO SO.

AND DUE TO THE UNFORTUNATE SITUATION WE HAD TO LET THEM OUT OF THE LEASE.

UH, WE HAD PLACED THEM IN CONTACT WITH EIGHT N OTHER RESOURCES.

I SPOKE WITH A NUMBER OF THEM PERSONALLY.

AND IF THERE'S ANY TYPE OF HELP THAT WE COULD HAVE PROVIDED, UH, WE PROVIDED, WE ALSO SPOKE WITH THE CITY.

THERE IS A GROUP IN THE CITY THAT HELPED DISPLACE TENANTS OR TENNIS AFFECTED BY THE STORM AND FINDING ASSISTANCE AND OTHER HOUSING, THE MASS MAJORITY OF THE EFFECTIVE TENANTS HERE, UH, BECAUSE WE ONLY HAVE 96 UNITS HERE.

OUR OCCUPANCY BEFORE THE STORM WAS VERY HIGH.

THE MASS MAJORITY OF THE RESIDENTS THAT WERE AFFECTED, INCLUDING UNIT TWO, ONE OH ONE, UH, WERE LET OUT OF THEIR LEASE.

AND WE WERE IN CONSTANT COMMUNICATIONS WITH THEM.

AND WE KEPT IN TOUCH WITH THEM JUST TO SEE HOW THEY'RE DOING.

UH, SOME OF THEM WERE, WERE ABLE TO RELOCATE, BUT THE MASS MAJORITY OF THEM, WE WERE NOT OKAY.

SO THEY WERE OUT OF THEIR LEASE, BUT THAT MEANT THEY HAD TO FIND SOMETHING VERY FAST IN A VERY TIGHT MARKET, FIND SOMEWHERE ELSE TO GO.

UM, MY OTHER QUESTION IS IN LOOKING AT SOME OF THESE PICTURES, THAT SHOW CABINETS THAT NEED REPAIR AND OTHER THINGS, UM, WHERE THE, THOSE DON'T APPEAR TO ME TO BE THINGS THAT WOULD HAVE BEEN CAUSED BY THE STORM.

THEY LOOK LIKE THINGS THAT PROBABLY PREDATED THE STORM.

IS THAT CORRECT? UM, MOST OF THE DAMAGE WERE CAUSED BY THE STORM.

NOW, PLEASE KEEP IN MIND THAT SOME OF THE CABINETS, UH, YOU KNOW, THIS IS A 1996 CONSTRUCTION.

WE'RE IN THE PROCESS OF RENOVATING, UM, ALL 96 UNITS EVEN BEFORE THE STORM.

UH, BUT IN THIS CASE, INSURANCE IS PICKING UP THE REPLACEMENT OF THE APP VANITY REPLACEMENT OF THE KITCHEN CABINETS BECAUSE THEY WERE DAMAGED BY THE PIPERS.

OKAY.

COMMISSIONER GREEN.

DID YOU HAVE, DID YOU HAVE MORE TO SAY NO.

MA'AM OKAY.

COMMISSIONER SAY LIKE, SO WHEN YOU RELOCATED THEM TO ANOTHER APARTMENT IN THE COMPLEX THING, COMPARABLE RENT, OR WAS THERE A RENT INCREASE? WE ARE, WE ARE AN AFFORDABLE PROPERTY.

THERE'S NO RENT INCREASE.

THIS IS A TAX CREDIT PROPERTY.

IF THEY WERE, IF ANY TENANTS WERE RELOCATED FROM ONE UNIT TO THE NEXT, UH, THEY WOULD BE RELOCATED TO A LIFETIME UNITS IF AVAILABLE THERE WOULD BE NO, THERE WERE NO INCREASE IN RENT.

WE ARE HEAVILY GOVERNED BY BOTH TDX CA UH, AND NO OTHER STATE AGENCIES.

[00:55:04]

ACTUALLY, COMMISSIONER'S STILL STEAD.

THANK YOU.

MA'AM CHAIR ASSESSMENT QUESTIONS.

UH, I'LL JUST GIVE THEM TO THE, UM, I'LL JUST ISSUE THEM GENERALLY.

AND WHOEVER WOULD LIKE TO FEEL DUMB.

UH, THAT'S FINE.

UM, SO I THINK IT WAS MR. KING, WHO WAS SPEAKING, BUT, BUT ONE, THERE WAS AN ISSUE WITH THE 45 DAYS, UH, IN STAFF'S PROPOSED OR RECOMMENDED ORDER, UH, BEING IMPRACTICABLE, UH, UH, CERTAINLY ON THE GROUND THAT, UH, THE BOTTLENECK WAS WITH THE, UH, THE INSURANCE.

I, YOU KNOW, I'M AN INSURANCE LAWYER.

I DIDN'T QUITE FOLLOW THE REASONING THERE.

SO I WAS HOPING I COULD ASK THAT YOU WALK ME THROUGH THAT.

UM, I'M TRYING TO GET A SENSE OF, OF WHAT IS OCCASIONING THE DELAY HERE AND I'LL DEFER TO DAVID.

LISTEN, MARK.

MARK CAN SO LET'S GO AHEAD, MR. CAN ANYBODY HEAR ME, MR. KING, PLEASE GO FIRST.

AND THEN WE'LL HEAR FROM MR. MOLDOVAN.

I WAS, I WAS JUST ABOUT TO SAY, I THINK MR. MOLDOVAN IS THE BEST TO ANSWER THAT QUESTION.

AND JUST TO, JUST AS A REMINDER, HE IS NOT AFFILIATED THE OWNER.

UH, HE WORKS FOR BELFOR PROPERTY RESTORATION, ONE OF THE LARGEST, UH, RESTORATION COMPANIES IN THE COUNTRY.

YEAH.

ABBY, WE'RE JUST WAITING FOR APPROVED SCHOOL SCOPE.

SO ONCE WE HAVE IT APPROVED SCOPE AND APPROVED SCOPE IS ONE THAT'S SIGNED BY, UH, THE OWNERSHIP AND THE INSURANCE COMPANY AND US, UH, ONCE WE HAVE A CONTRACT, WE WOULD START.

SO WE'RE WAITING ON THAT.

THAT'S SOMETHING TRAVELERS STILL HAS TO SEND TO US, UM, TO, TO REVIEW.

AND THEN ONCE IT'S AGREED ON WE'LL, WE'LL START.

OKAY.

OKAY.

THANK YOU, MR. MALDEN.

AND THAT MAKES SENSE.

I THINK THAT MY QUESTION THEN MY FOLLOWUP QUESTION IS PROBABLY BETTER DIRECTED TO THE OWNERS AND THEIR REPRESENTATIVES.

AND, YOU KNOW, AT THE RE I UNDERSTAND WHAT MR MULLIGAN IS COMING FROM.

IF IT IS TYPICAL OF THIS INDUSTRY, THAT ONE FIRST OBTAIN A SENSE OF WHAT THE INSURANCE COMPANY BELIEVES ITS OBLIGATIONS ARE WITH RESPECT TO THE BENEFIT IS IT'S GOING TO PAY AND THAT, AND THAT MAYBE THE PAYMENT IS REMITTED DIRECTLY FROM THE INSURER TO THE REMEDIATION AND RESTORATION COMPANY.

THAT MAY BE TYPICAL, BUT AT THE RISK OF FLIPPANCY, I, AS A COMMISSIONER ON THIS PANEL, I'M INCLINED TO ASK, WHAT DOES THAT HAVE TO DO WITH ME? UH, W WHAT I MEAN BY THAT IS IF I FIND THAT A PROPERTY IS IN VIOLATION, THEN I VIEW IT AS COMMENSURATE WITH MY ROLE, UH, ON THIS PANEL, UH, TO, TO SAY ORDER, YOU KNOW, TO ADOPT STAFF RECOMMENDATIONS.

AND, YOU KNOW, IF THE OWNER HAS TO INCUR COSTS TO BRING THIS PROPERTY CODE COMPLIANT, IT STRIKES ME THAT THE OWNER MAY THEN, UH, FILE A CLAIM WITH THE INSURANCE COMPANY AFTER THE FACT, AND RECEIVE A CASH BENEFIT, UH, TO COMPENSATE FOR THE EXPENSES INCURRED IN BRINGING THIS PROPERTY INTO THE COMPLIANCE AND WHATEVER IS GOING ON BETWEEN THE OWNER, UH, THE CONTRACTOR AND THE TRAVELERS.

THAT'S, THAT'S SORT OF, YOU KNOW, AGAIN, I DON'T MEAN TO SOUND FLIPPANT OR HARSH HERE, BUT THAT'S SORT OF YOUR PROBLEM.

AND I DON'T KNOW THAT HOW THAT SHOULD AFFECT MY VOTE, UH, AS A COMMISSIONER HERE.

SO IF YOU WANT TO SPEAK TO THAT, I I'D BE INTERESTED IN, IN HEARING A RESPONSE, WHOEVER WOULD LIKE TO FIELD THAT.

WELL, WELL, I'LL JUST ADD ONE COMMENT AND I APPRECIATE THAT SENTIMENT.

UH, I THINK JUST LOOKING AT A BALANCING OF THE EQUITIES HERE, WE HAVE A SITUATION WHERE THE INITIAL INSPECTOR, UH, TOLD THE OWNER THAT SECURING A PERMIT SECURE, WHICH IS NOW SECURED, WOULD BE WHAT WOULD CLEAR THIS VIOLATION, BECAUSE WE'RE, WE'RE, AGAIN, WE'RE TALKING ABOUT ONE SINGLE UNIT, UH, AND WE'RE TALKING ABOUT DRYWALL THAT HAD TO COME OUT.

UM, AND WITH ABI, AS WE ALL KNOW, WITH THE WINTER STORM, THERE HAS BEEN SO MUCH DAMAGE AND THERE IS SUCH A BACKLOG, UH, AND THIS OWNER IS STRUGGLING TO, UH, GET THE JOB DONE AS SOON AS POSSIBLE, BUT GIVEN THE CIRCUMSTANCES AND GIVEN THE REPRESENTATIONS FROM THE INSPECTOR THAT WE ARE, WE HEARD THAT TESTIMONY FROM, UH, UH, THE CITY'S REPRESENTATIVE TO START OUT WITH THAT.

THE INSPECTOR SAID THAT TH THAT GETTING THE PERMIT IS WHAT THEY NEEDED TO DO, AND THEY DID THAT NOW.

UM, AND SO IT'S SOMEWHAT OF A SURPRISE, I THINK.

AND, AND, UH, AND I THINK IN OUR VIEW, UH, UNFAIR TO THEN IMPOSE THIS 45 DAY LIMIT, UH, WHICH WILL BE VERY DIFFICULT TO REACH BECAUSE OF THIS BACKLOG AND BECAUSE INSURANCE COMPANIES, FRANKLY, ARE, UH, OVERWHELMED RIGHT NOW

[01:00:01]

AND, UH, WE'RE WORKING AS QUICKLY AS WE CAN, BUT IT JUST, I THINK IT'S GOING TO BE DIFFICULT TO MEET THAT 45 DAY DEADLINE.

OKAY.

WELL, I'M LIKELY, I'M LIKELY TO HAVE MORE TO SAY ABOUT THIS WHEN CONFERRING WITH MY FELLOW COMMISSIONERS AFTER WE CLOSED THE PUBLIC HEARING, BUT, UH, JUST IN FAIRNESS TO THE OWNER, I GUESS I, I WANT TO RESPOND TO THAT IN THAT IT STRIKES ME THAT THERE'S A BIT OF A, UH, I, I, AGAIN, I DON'T MEAN TO USE, UM, UNNECESSARILY HARSH LANGUAGE, BUT I, I FEEL AS THOUGH YOU'RE PLAYING A LITTLE BIT FAST AND LOOSE WITH THE EQUITIES BALANCING, BECAUSE, YOU KNOW, ON THE ONE HAND WORD BUYS THAT, UH, WE SHOULDN'T CONSIDER THE CONDITION OF ANY OTHER UNIT.

WE'VE JUST, WE'RE JUST DEALING WITH ONE UNIT THIS OR THAT OTHER ISSUE IS THAT BEFORE THE COMMISSION, WHETHER OR NOT THESE PENNANTS WERE, UH, DEALT WITH HONORABLY AND BEING RELOCATED, THAT'S NOT BEFORE THE COMMISSION ALL, THAT'S TRUE, BUT IT'S ALSO VERY LEGALISTIC.

AND, AND SO IT'S AS THOUGH WHEN BALANCING THE EQUITIES, WE'RE BEING ASKED TO DISREGARD, UH, YOU KNOW, THE SORT OF NEGATIVE EQUITIES FROM THE OWNER'S STANDPOINT, YOU KNOW, SUCH AS, ARE THERE OTHER PROPERTIES THAT HAVE A PROBLEM WHERE SOME OF THESE CABINETS DUE TO BE REPLACED, UH, REGARDLESS OF THE WINTER STORM, WHERE THESE TENANTS HAPPY WITH THE WAY THEY WERE DEALT WITH ALL THOSE EQUITIES WERE SUPPOSED TO SORT OF PUT OUT OF MIND.

UM, BUT AGAINST THOSE, WE'RE SUPPOSED TO WEIGH THE PARTICULAR CHALLENGES, UH, THAT, UH, UM, UH, YOU'RE FACING IN, IN, IN BRINGING THIS INTO COMPLIANCE.

UH, SO I, I DO JUST WANT TO MAKE THAT COMMENT.

AND, AND I GUESS, LIKE I SAID, IN FAIRNESS, I WANT TO GIVE YOU AN OPPORTUNITY TO RESPOND TO IT.

UM, BUT ALSO MADAM CHAIR, I MAY NEED TO BE, I MAY NEED TO REVISIT THE, THE, THE ISSUE OF WHAT WAS REPRESENTED TO THESE OWNERS BY THE INSPECTOR.

I MIGHT'VE MISUNDERSTOOD THE TESTIMONY, BUT I DID NOT HEAR WHERE IT WAS REPRESENTED TO THESE OWNERS THAT PULLING THE PERMIT SOMEHOW EXHAUSTED THEIR RESPONSIBILITY IS TO BRING THE PROPERTY IN COMPLIANCE.

AND THAT SEEMS TO BE WHAT I'M HEARING NOW.

SO IT MIGHT BE THAT I JUST WASN'T PROPERLY ATTENTIVE, BUT I MIGHT, I MIGHT NEED TO GO BACK TO THE CITY ON THAT.

UM, BUT LET ME, LET ME JUST LEAVE IT THERE.

I'M GONNA, UM, I'LL GIVE THE WITNESS A CHANCE TO ANSWER, BUT, UM, I'M GONNA, I HAVE NO FURTHER QUESTIONS AFTER THIS.

THANK YOU.

THANK YOU.

UH, MR. TY OR MR. KING.

OKAY.

UH, TH THAT'S LIKE THE COMMENT ON THAT REALLY QUICK.

UM, UH, I W I WOULD LIKE TO LET THE COMMISSIONERS KNOW THAT, UH, WE HAVE THE OWNER HAVE BEEN TRYING