[00:00:04]
YOU STARTED IF, IF CITY HALL IS READY, WE ARE READY.
[CALL TO ORDER]
I CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR AUGUST 25TH, 2020 21.UH, LET THE RECORD REFLECT THAT THE TIME IS 6:37 PM.
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 ALSO AS A REMINDER, UH, TO ALL THE COMMISSIONERS, PLEASE KEEP YOUR CAMERA ON FOR THE ROLE AND FOR EVERY VOTE.
SO, UM, I AM HERE, ANDREA FRYBERGER, UH, PABLO ABILA.
OUR VICE CHAIR IS NOT WITH US TONIGHT.
BODHI DOES NOT APPEAR TO BE WITH US THIS EVENING.
I CAN SEE YOUR HAND, BUT IF YOU COULD UNMUTE YOURSELF, JOHN.
THANK YOU, ELIZABETH MILLER HERE.
GREAT TIMOTHY STOW STEAD HERE.
AND DO WE HAVE FIRE CHIEF, TOM VOKEY WITH US THIS EVENING? CHAIR BELIEVES HE'S TRYING TO GET LOGGED ON AND HE'S HAVING SOME DIFFICULTIES.
DO YOU WANT ME TO GO TO THE DOOR? OKAY.
AND, UM, I WILL ALSO INTRODUCE JUST A COUPLE OF STAFF MEMBERS.
UH, LAUREN JOHANNIS WHO'S OUR ASSISTANT CITY ATTORNEY.
AND DID I PRONOUNCE HER NAME CORRECTLY? YES, YOU DID.
AND MELANIE, ALLIE OR BSC COORDINATOR, MELANIE.
UH, SO BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN CITIZEN COMMUNICATION ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.
THE COMMISSION WILL CONSIDER 18 CASES FROM FIVE 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 ESPECIALLY TONIGHT, BECAUSE WE ARE A REMOTE THAT WOULD INCLUDE REMAINING, UM, ON MUTE, UNLESS YOU WERE ABOUT TO SPEAK, PLEASE, THE COMMISSION'S COORDINATOR, MELANIE ALLIE, WE'LL CALL EACH CASE ON THE AGENDA, 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.
UH, SO WE'LL OUR DESIGNATED TIMEKEEPER.
THIS EVENING, PLEASE INTRODUCE YOURSELF IS THAT YOU ADD THEM RIGHT HERE.
SO AFTER YOU HAVE PRESENTED YOUR WITNESSES, AUSTIN CODE STAFF MAY ASK YOUR WITNESSES QUESTIONS ABOUT THEIR TESTIMONY UPON CONCLUSION OF BOTH YOUR AND THE CITY'S PRESENTATION OF EVIDENCE AND WITNESSES.
THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE, THE COMMISSION WILL THEN HEAR PUBLIC COMMENT FROM INTERESTED PARTIES REGARDING ITEMS SET FOR ACTION ON TONIGHT'S AGENDA, 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 AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.
THE DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEAL 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 ALL WITNESSES.
[00:05:01]
THIS EVENING TESTIFY UNDER OATH, ANY PERSON WHO WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION WILL NOW BE SWORN IN AND TONIGHT, BECAUSE THIS IS A VIRTUAL HEARING, I WILL READ OUT THE OATH AT AFTERWARDS.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 IF ANYONE OBJECTS TO THIS OATH, PLEASE UNMUTE YOURSELF AND STATE.
IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CITIZEN COMMUNICATION
[CITIZEN COMMUNICATION: GENERAL]
AND THE REST OF THE AGENDA ITEMS. SO I BELIEVE WE HAVE TWO PEOPLE SIGNED UP FOR CITIZEN THIS EVENING.YES, WE SHOULD HAVE ONE TENANT FROM EULAR FLATS, UM, SOMEWHAT.
OH, AND COULD WE ACKNOWLEDGE THAT SHADA IS HERE, UH, SHODDY, OGUN BUG WELCOME.
IF YOU COULD UNMUTE YOURSELF AND LET US KNOW YOU'RE HERE, HE MIGHT STILL BE MUTED.
SHE, UH, WE, WE STILL CAN'T HEAR YOU.
UM, AND, AND MISS ALLIE, YOU ARE VERY DIFFICULT TO HEAR TOO.
WOULD YOU LIKE TO TRY AGAIN? YEAH.
I'M HAVING SOME DIFFICULTIES PRESENT.
AND AS A REMINDER, PLEASE, UM, ACTUALLY, IF YOU COULD TURN ON YOUR CAMERA, UH, FOR EACH VOTE AND, UM, AS SOON AS YOU CAN, IF YOU'RE HAVING TECHNICAL DIFFICULTIES, I UNDERSTAND.
SO MOVING ON TO CITIZEN COMMUNICATION.
UM, THIS EVENING WE HAVE JASON STONE WHO I BELIEVE IS SIGNED UP TO SPEAK ON 10 71 CLAYTON LANE, WHICH IS MUELLER FLATS APARTMENTS.
ARE YOU WITH US THIS EVENING? JASON STONE.
ARE YOU WITH US? WE CAN'T HEAR YOU.
I DON'T SEE THAT NUMBER ON THE LINE RIGHT NOW.
WELL, LET'S MOVE ON TO THE NEXT SPEAKER AND PERHAPS HE WILL SHOW UP HOW DO WE HAVE, AND I APOLOGIZE FOR NOT PROBABLY NOT PRONOUNCING YOUR NAME CORRECTLY.
DO WE HAVE JERRY MAR URANA HERE TO SPEAK.
AND YOU ARE HERE TO SPEAK ON 9,500 DECILE ROAD, THE 9,500 APARTMENTS.
MY NAME IS JOHNNY MADONNA ORGANIZING DIRECTOR WITH BUSTA AND I HAVE BEEN WORKING WITH THE TENANTS ASSOCIATION OF 9,500 DEPARTMENTS SINCE MARCH OF THIS YEAR, THE 9,500 APARTMENTS TENANTS ASSOCIATION LEFT THE JUNE BSE MEETING, FEELING VALIDATED PERMISSIONING RECOGNIZE THE HARM THAT HAD BEEN INFLICTED ONTO TENANTS FOR THE MONTHS, SINCE THE STORM FOR MONTHS LEADING UP TO THE JUNE BSE MEETING TENANTS AT 9,500 LIVED IN UNITS WITH MISSING PIECES OF WALLS AND CEILINGS, EXPOSED INSULATION AND WIRING ROACHES AND RATS COMING IN FROM EXPOSED WALLS, MOLD AND WATER DAMAGE.
AND WITH LITTLE COMMUNICATION FROM MANAGEMENT, SOME TENANTS HAVE MOVED OUT OF FRUSTRATION AND OTHERS HAVE MOVED OUT AFTER BEING THREATENED WITH NOTICES OF LEASE TERMINATION BECAUSE OF THE DAMAGE TO THEIR UNITS, THE TENANTS ASSOCIATION AND BUSTA HOOKED UP THE STRONG G JUNE BFC ORDERS WITH SIGNAL TO CORPORATE LANDLORDS LIKE ARCHWAY EQUITIES, THAT THEY WOULD BE HELD ACCOUNTABLE FOR MONTHS OF TENANT NEGLECT IN RESPONSE TO THE JUNE ORDERS, 9,500 APARTMENTS SUED THE CITY AND THE BSC.
WE DO NOT KNOW THE EXACT STATUS OF THE LAWSUIT, BUT IT DOES SEEM LIKE YOUR JUNE ORDERS DID RESULT IN 9,500 APARTMENTS, ACTUALLY MAKING SOME REPAIRS WHILE WE CAN'T CONFIRM IF REPAIRS WERE COMPLETED IN THE VACANT UNITS, THE TENANTS OF OCCUPIED UNITS WHO WE SPOKE WITH HAVE TOLD US THAT OUR LONG LAST REPAIRS WERE MADE.
ONE TENANT MENTIONED THAT WHILE HOLES WERE FIXED, THE DRYWALL HAD YET TO BE TEXTURED AND PAINTED.
THE CODE VIOLATION APPEARS TO HAVE BEEN CLOSED, EVEN THOUGH THE WORK IS NOT COMPLETED WHILE WE DO NOT THINK OF VIOLATIONS SHOULD BE CLOSED WITHOUT THE REPAIR BEING DONE IN A WORKMAN-LIKE MANNER.
[00:10:01]
PROPERTY MAINTENANCE CODE REQUIRES THE FACT THAT MANY REPAIRS WERE MADE AFTER THE BSCS JUNE ORDER MAKES IT EVIDENT THAT THE BSE AND AUSTIN CODE ENFORCEMENT CAN BE EFFECTIVE IN HELPING TENANTS SUFFERING, NEGLECT IN THEIR UNSAFE LIVING CONDITIONS.THERE ARE STILL OPEN CODE VIOLATIONS AT 9,500 APARTMENTS, INCLUDING SOME WHOSE DEADLINES HAVE PASSED.
WE URGE CODE TO ESCALATE THOSE VIOLATIONS TO YOU AND ASK THAT YOU THEN CONTINUE TO HOLD LANDLORDS ACCOUNTABLE FOR THEIR PERSISTENT DISREGARD OF AUSTIN CODES, NOTICES OF VIOLATION AND THE HEALTH OF AUSTIN RENTERS.
AND, UM, AS A REMINDER, OF COURSE WE ARE NOT POSTED FOR DISCUSSION OR ACTION ON THIS ITEM THIS EVENING.
UM, BUT I DO THANK YOU FOR COMING AND TALKING WITH US ABOUT THIS.
DO WE HAVE JASON STONE ON THE LINE TO SPEAK ON THE MILLER FLATS APARTMENTS CHECKING IN REAL QUICK CHAIR? I STILL DON'T SEE THAT NUMBER.
UH, I THINK, UM, MISS ALLIE, WE WILL ACTUALLY, LET'S GO TO APPROVAL OF THE MINUTES,
[APPROVAL OF MINUTES (Part 1 of 2)]
RIGHT.AND THE COPY OF THE DRAFT MINUTES ARE IN THE GOOGLE DRIVE FOLDER.
IF ANYONE WOULD LIKE TO REVIEW THOSE, WHAT DO YOU DO NOT HAVE TO HAVE BEEN AT THE LAST MEETING? THE MINUTES OF JUNE 21 SUSPENDERS COMMISSION, UH, COMMISSIONER MILLER, I THINK YOU MUST BE MUTED.
UM, YES, I JUST, I WAS LOOKING AT THE MINUTES AND I REMEMBERED THAT WE ADDED MORE DETAILED LANGUAGE TO OUR ORDER FOR 9,500 DSI ROAD.
AND I DIDN'T SEE THOSE REFLECTED IN THE MINUTES.
I THOUGHT IT WOULD BE A GOOD IDEA TO INCLUDE THEM.
UH, MS. JOHANNES, UH, ARE WE ABLE TO DO THAT OR MISS ALLIE? I HAVEN'T EVER HAD TO GO BACK AND, UH, EDIT MINUTES.
UH, WOULD LAUREN, WOULD THAT BE, UM, SOME, WOULD I GO AND EDIT THOSE AND THEN WE WOULD BRING THEM BACK NEXT MONTH TO VOTE ON AGAIN? UM, I'LL HAVE TO LOOK INTO THAT AND I CAN CIRCLE BACK WITH MELANIE, UM, AND YOU ALL ON WHAT THE EXACT PROCEDURE FOR THAT'S GOING TO BE.
SO WE HAVE A MOTION ON THE TABLE.
WE COULD JUST LET THIS ONE DIE AND WE COULD BRING IT UP AGAIN AT THE END OF THE MEETING AND DECIDE IF WE WANT TO JUST SEE IF IT IS AN OPTION TO HAVE IT REVISED AND BRING IT BACK NEXT MONTH.
DOES THAT SOUND ALL RIGHT TO EVERYONE? I'M SEEING A LOT OF HEADS NODDING, SO W WE'LL MOVE THAT TO THE END OF THE MEETING.
UM, MS. ALLIE, I BELIEVE WE ARE READY TO MOVE ON TO
[1. Case Number: CL 2017-111475 Property address: 2215 E. Anderson Lane Service Road EB / Owner: Ghassan A. Karim, LLC Staff presenter: Marlayna Wright, Austin Code Department Staff recommendation: Issue new order for demolition Previous Commission action: Rescinded demolition order issued May 26, 2021; and continued from June 23, 2021 meeting New Case(s): The Commission will hear the following cases concerning alleged violations of the City’s Property Maintenance Code and may issue an order to vacate, relocate occupants, repair, demolish, or secure the premises; and may assess civil penalties:]
ITEM.NUMBER ONE ON THE AGENDA IS A RETURNING CASE.
THE PROPERTY ADDRESS IS 2, 2, 1 5 ANDERSON LANE.
AND THE CASE NUMBER IS 2017 9 5 9 3 7 9.
THE EXHIBITS CAN BE FOUND IN THE GREEN BOOK IN THE GOOGLE DRIVE FOLDER AT THE JUNE MEETING, THE DEMOLITION ORDER ISSUED IN MAY WAS RESCINDED DUE TO TIME CONSTRAINTS.
THE CASE WAS CONTINUED TO ADDRESS THE CURRENT VIOLATIONS AT THE PROPERTY AND CONSIDER ISSUING A NEW ORDER.
AS YOU KNOW IT LAST MONTH, LAST MONTH'S MEETING WAS CANCELED.
SO THE CASE IS HERE BEFORE YOU TONIGHT, LET'S REVIEW A FEW FACTS ABOUT THE CASE.
ARE YOU NOT HERE? I SHOULD HAVE CONFIRMED IF THE PROPERTY REPRESENTATIVE IS ACTUALLY WITH US ON THE LINE THIS EVENING.
SO I BELIEVE WE HAVE A MAGAZINE, SOMEBODY SO BITEY WITH US THIS EVENING.
I REPRESENT THE GUARDIAN OF MR. GIBSON KARIM, WHO IS THE SOLE OWNER.
HE'S AN INCAPACITATED PERSON IN THE SOLE OWNER OF THE LLC THAT OWNS THAT PROPERTY.
AND DO WE HAVE A PAUL FLETCHER WITH US THIS EVENING AS WELL? WHAT'S UP.
CAN YOU LET HER OUTSIDE FOR ME? I'M SORRY, IF YOU ARE NOT SPEAKING ON THIS, COULD YOU PLEASE MUTE YOURSELF? I KNOW I WAS JUST TEXTING WITH MR. FLETCHER.
I KNOW HE SAID HE WAS ON THE LINE, BUT HE MAY NOT BE.
I DON'T, I, I DON'T KNOW IF THIS PHONE IS, UH, JUST TRYING TO LOCATE THAT NUMBER.
IF HE, UH, APPEARS BEFORE IT IS TIME FOR
[00:15:01]
YOU TO PRESENT YOUR EVIDENCE, I WILL, I WILL SWEAR HIM IN AT THAT TIME.SO SORRY, MISS ALLIE, IF YOU WOULD, THERE IS THIS PAUL FLETCHER? YES.
SO SORRY, IF YOU COULD PROCEED AND I'LL START OVER ITEM.
NUMBER ONE ON THE AGENDA IS A RETURNING CASE.
THE PROPERTY ADDRESS IS 2 1 5 ANDERSON LANE AND HIS CASE NUMBER 2017 9 5 9 3 7 9.
THE EXHIBITS CAN BE FOUND IN THE GREEN BOOK IN THE GOOGLE DRIVE FOLDER AT THE JUNE MEETING, THE DEMOLITION ORDER ISSUED IN MAY WAS RESCINDED DUE TO TIME CONSTRAINTS.
THE CASE WAS CONTINUED TO ADDRESS THE CURRENT VIOLATIONS AT THE PROPERTY AND CONSIDER ISSUING A NEW ORDER.
AS YOU KNOW, LAST MONTH'S MEETING WAS CANCELED.
SO THE CASES HERE AGAIN, BEFORE YOU TONIGHT, LET'S REVIEW SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT A VACANT ABANDONED COMMERCIAL PROPERTY LOCATED IN NORTHEAST AUSTIN, WHICH IS CONSIDERED SUBSTANDARD AND UNSAFE WITH DANGEROUS CONDITIONS.
WHEN FIRST HEARD BY THE COMMISSION IN 2017, THE BUILDING HAD BEEN ILLEGALLY CONVERTED FROM A COMMERCIAL OFFICE BUILDING INTO A ROOMING AND BOARDING HOUSE AT THE SEPTEMBER 27TH, 2017, MEETING THE BSC HEARD THIS CASE AND ISSUED AN ORDER THAT INCLUDED REPAIR VACATE BOARD INSECURE AS WELL AS A 24 HOUR FIREWATCH AND OTHER SAFETY REQUIREMENTS IN RESPONSE TO THE 2017 ORDER, THE BUILDING WAS VACATED AND BOARDED AND SECURED.
HOWEVER TO DATE NEVER REPAIRS HAVE BEEN MADE FURTHER.
THE BUILDING HAS SINCE BECOME A HAVEN FOR VANDALISM AND DRUG ACTIVITY.
THE PROPERTY IS IN CLOSE PROXIMITY TO A BANK, A SCHOOL, AND A LARGE APARTMENT COMPLEX AND NUMEROUS BOARD INSECURES AND ABATEMENTS HAVE HAD, HAD TO BE PERFORMED AT OUR MAY 26 MEETING.
THE CASE RETURNED THIS TIME FOR A DEMOLITION ORDER.
AND THE 2017 REPAIR ORDER WAS RESCINDED.
THE CASE RETURNED IN JUNE FOR RECONSIDERATION OF THE DEMOLITION ORDER, DUE TO NOTIFICATION ERRORS, THE DEMOLITION ORDER WAS RESCINDED.
HOWEVER, DUE TO TIME CONSTRAINTS, THE CASE WAS CONTINUED TO ADDRESS THE EXISTING VIOLATIONS AND POTENTIALLY ISSUE A NEW ORDER.
TONIGHT STAFF IS BRINGING THIS CASE BACK TO THE COMMISSION TO RECOMMEND DEMOLITION OF BOTH THE PRIMARY AND ACCESSORY STRUCTURES.
AS THESE STRUCTURES REMAIN UNFIT FOR HUMAN HABITATION AND CONTINUE TO BE A HEALTH AND SAFETY HAZARD IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBITS ONE THROUGH SIX, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT SEVEN, WHICH CONTAINS AN UPDATED COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES COMPLIANCE, VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING AND REQUIRED POSTINGS.
AND THE PREVIOUSLY ISSUED BSC ORDER EXHIBIT EIGHT, WHICH CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS EIGHT, EIGHT THROUGH EIGHT X.
AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE DIVISION MANAGER.
ROBERT MOORE IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS DIVISION MANAGER MORE, PLEASE BEGIN YOUR TESTIMONY, PROBABLY DIVISION MANAGER MORE.
OR ARE YOU WITH US THIS EVENING? THAT'S NOT, HE HAD JOINED US.
ADAM, ARE YOU ABLE TO CONFIRM IF ROBERT MORRIS ON THE LINE, JERRY, I JUST HAD A RUBBING OR DID THE SCREEN AND HE'S ON MUTE.
AND SO I DON'T KNOW WHAT ELSE TO DO.
I WAS ACTUALLY ON THE PHONE LINE, UH, AND, UH, I DON'T KNOW.
I COULDN'T, I WAS UNMUTING THERE, BUT I GUESS I WAS LED IN HERE.
SO I'M SORRY FOR THE DELAY, EVERYBODY.
SO I CAN Y'ALL CAN HEAR ME FINE.
UH, GOOD EVENING COMMISSIONERS.
MY NAME IS ROBERT MOORE AND I'M A DIVISION MANAGER FOR THE AUSTIN CODES CASE REVIEW AND ESCALATION DIVISION.
THE PROPERTY I'M BRINGING BEFORE YOU IS A VACANT, DILAPIDATED, DANGEROUS COMMERCIAL PROPERTY LOCATED AT 2215 EAST ANDERSON LANE HERE IN AUSTIN,
[00:20:01]
TEXAS, THE OWNER HAS BEEN IDENTIFIED AS HASSAN, A KAREEM LLC REGARDING THE OWNERSHIP.AUSTIN CODE HAS HAD NO RECENT COMMUNICATION WITH THE OWNER.
ONLY THE OWNER'S DAUGHTER, WHO IS THE GUARDIAN AD LITEM AND HUSBAND MAZDA, AND SOMEBODY WHO IS THE REPRESENTING ATTORNEY.
THE AUSTIN CODE DEPARTMENT HAS ALSO BEEN IN COMMUNICATION WITH MR. PAUL FLETCHER, WHO IS A REPRESENTATIVE FOR THE LIEN HOLDER, DESPITE ONGOING COMMUNICATION WITH BOTH PARTIES, NEITHER THE OWNER'S REPRESENTATIVE OR THE LIEN HONERS OR LIEN HOLDERS REPRESENTATIVE HAVE RESPONDED TO ANY REQUESTS TO BOARD AND SECURE WHEN NEEDED OR MAINTAIN THE PROPERTY PER CITY CODE.
THE CREDIT DIVISION WAS ASSIGNED TO THIS CASE IN AUGUST, 2019.
AND AFTER PERFORMING MANY FOLLOW-UP INSPECTIONS, WE CAN ATTEST THAT THIS PROPERTY POSES A TO THE COMMUNITY, THE INTERIOR HAS SUFFERED MAJOR DAMAGE DUE TO VANGELIS ACTIVITY.
THE INTERIOR IS LITTERED WITH TRASH SHOPPING, CARTS, INSTALLATION, DAMAGE SHEET, ROCK, HUMAN WASTE, AND MANY OTHER UNSIGHTLY AND OBJECTIONABLE MATERIALS.
THE EXTERIOR OF THE STRUCTURE HAS ALSO SUFFERED DAMAGE AND DETERIORATION AND HAS BEEN TAGGED WITH GRAFFITI EVERY DOOR AND WINDOW ON THE MAIN STRUCTURE HAS BEEN BOARDED MANY TIMES OVER BY THE AUSTIN CODE DEPARTMENT.
THERE WAS ALSO A DETACHED RED MORGAN SHED LOCATED IN THE REAR THAT HAS HAD PARTS OF THE PANELING REMOVED TO MAKE ENTRY AND LIVING QUARTERS FOR ANYONE WHO PASSES BY SINCE DECEMBER, 2017, THIS PROPERTY HAS BEEN EMERGENCY BOARDED AND SECURED A TOTAL OF 12 TIMES AND ABATED FOUR TIMES THE PROPERTY IS NOW DUE FOR ITS 13TH BOARD AND SECURE AND FIFTH ABATEMENT.
AND HAS THE COST THE CITY OF AUSTIN OVER $14,000 TO DATE, THE CITY IS AWARE OF THE SITUATION BETWEEN LIEN HOLDER AND OWNER, AND THAT THEY COULD LOSE ASSETS AND MONEY.
IF A DEMOLITION, IF A DEMOLITION WERE TO TAKE PLACE, THE CITY WOULD LIKE THE RECORD TO SHOW THAT IS ALREADY LOST ASSETS AND MONEY AND CONTINUES TO DO SO WHILE THE STRUCTURE STILL STANDS, THE AUSTIN CODE DEPARTMENT IS REQUESTING A DEMOLITION ORDER, NOT BECAUSE OF THE IMMINENT STRUCTURAL INTEGRITY OF THE STRUCTURE, BUT BECAUSE IT IS A SEVERE ATTRACTIVE NUISANCE THAT IS IN CLOSE PROXIMITY TO A SCHOOL AND IS A DANGER TO THE PUBLIC HEALTH AND SAFETY OF THE COMMUNITY FIRE DIVISION.
CHIEF MARSHALL VOKEY IS ALSO IN ATTENDANCE TONIGHT TO ECHO THE REQUEST FOR DEMOLITION OF THIS STRUCTURE.
I WILL NOW PRESENT THE PHOTOS OF THIS PROPERTY.
UH, EIGHT EIGHT SHOWS JUST A CONTEXTUAL PHOTO FROM THE ROADWAY OF THE EXTERIOR OF THE FRONT OF THE PROPERTY.
YOU CAN SEE IT'S OVERGROWN AGAIN AND GRAFFITI, UH, NEXT PHOTO PLEASE, AND IS A DANGER TO THE PUBLIC HEALTH AND SAFETY.
THIS IS A CLOSEUP VIEW OF THE FRONT.
HERE IS THE SIDE ENTRANCE THAT LEADS TO THE REAR OF THE STRUCTURE.
UM, HERE'S THE EXTERIOR AT ONCE AGAIN? IT'S OVERGROWN, UM, THERE'S A RECENT PHOTO AND THE RIGHT EIGHT E UPPER TOP, UH, PICTURE THAT SHOWS A BOARD HAS BEEN REMOVED AGAIN.
UH, HENCE THE REASON IT'S SCHEDULED FOR ANOTHER BOARD, UM, ANOTHER BROKEN WINDOW DOWN AT EIGHT F AND THEN THERE'S THE RED MORGAN SHED.
THAT'S ALWAYS OPEN AT EIGHT G NEXT PHOTOS, PLEASE.
UM, HERE'S SOME MORE PHOTOS JUST TO SHOW YOU SOME MORE CONSTANT CONTEXT OF THE BUILDING, THE SIZE OF IT, AND HOW MANY BOARDS ARE ABLE TO BE REMOVED AND ACCESS AND ENTRY ACCESS AND ENTRY POINTS.
NOW WE'RE MOVING ON TO THE INSIDE AND, UM, YOU KNOW, JUST TO SAVE TIME, WE'RE ONLY GOING THROUGH A COUPLE OF PHOTOS, BUT PRETTY MUCH THE ENTIRE INSIDE LOOKS LIKE THIS.
UM, YOU CAN SEE SHEET, ROCK DESTRUCTION THERE, UH, EXPOSED WIRING, UM, TRASH AND DEBRIS ALL THROUGHOUT NEXT PHOTOS, PLEASE.
SOME MORE, UM, PHOTOS OF THE INTERIOR ALSO SHOWS INSULATION STRONG ABOUT, UM, SOME DAMAGED PLUMBING, MORE DAMAGED SHEET ROCK, NEXT PHOTOS, PLEASE HERE AGAIN, DAMAGE TILE DAMAGE SHEET ROCK.
UM, THERE WAS AN ELECTRICAL PANEL THAT'S OPEN AND ACCESSIBLE.
UH, EIGHT W SHOWS ANOTHER, UH, MORE ELECTRICAL WIRING HANGING ABOUT NEXT PHOTOS, PLEASE.
AND HERE'S A, JUST A AERIAL TO SHOW YOU, UH, WHERE THE SCHOOL IS, HOW CLOSE THE PROXIMITY IT IS, UH, NEXT PHOTOS.
AND THAT COMPLETES MY PRESENTATION.
I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITION SHOWN IN THESE PHOTOGRAPHS.
[00:25:01]
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD AND UNSAFE WITH DANGEROUS CONDITIONS.STAFF ASKS A COMMISSION TO ADMIT EXHIBIT SEVEN, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBIT EIGHT, EIGHT THROUGH EIGHT ACTS, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY.
PERMITS, DEMOLISH ALL PORTIONS OF BOTH THE COMMERCIAL STRUCTURE AND THE DETACHED ACCESSORY STRUCTURE AND REMOVE AS DEBRIS LEAVING THE LOT CLEAN AND RAKED AND THREE REQUESTS INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND ON THE 31ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF BOTH THE COMMERCIAL STRUCTURE AND THE DETACHED ACCESSORY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH AND THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL CHAIR.
THANK YOU, MS. ALLIE, I'LL GO AHEAD AND ADMIT EXHIBITS STAFF EXHIBIT SEVEN AND EIGHT A THROUGH EIGHT X.
AND DO WE HAVE ANY OTHER WITNESSES FOR THE CITY? DO WE HAVE, UH, ANDRE BLACK WITH US CHAIRMAN LOOK FOR THAT NUMBER.
DID YOU SAY YOU DON'T SEE THAT NUMBER? LET ME LOOK FOR REAL QUICK, PLEASE.
UH, MANUEL CHIEF FOCI, WOULD YOU LIKE TO SAY ANYTHING? UH, YES.
WE DO CONSIDER THIS A DANGEROUS STRUCTURE FROM THE PERSPECTIVE OF THE FIRE DEPARTMENT, THE INTERIOR CONDITIONS WITH ALL THE EXPOSED WOOD AND THE FREQUENT, UH, USE OF, OF PEOPLE STAYING THERE ON A REGULAR BASIS MAKES IT EXTREME CONCERN FOR US AND FOR FIREFIGHTERS THAT MAY HAVE TO GO TO THAT LOCATION FOR A FIRE.
SO, UH, WE DO CONSIDER IT A DANGEROUS STRUCTURE AND, UH, YOU KNOW, WE DO SUPPORT, UH, UH, COACH RECOMMENDATION ON THIS.
AND, UM, DO WE KNOW IF ANDRE BLIND, ANDRE BLACK IS ON THE LINE? I'VE, UN-MUTED ALL THE NUMBERS, CAUSE I DON'T SEE THAT NUMBER ON MY LIST, BUT, UH, ALSO, I DON'T KNOW IF THEY ACTUALLY CALLED IN, IN, IN GENERAL.
SO THAT'S THE STATUS IF I DON'T HEAR ANYONE RESPONDING, SO I DON'T THINK THEY'RE ON THE LINE.
UH, SO AT THIS TIME I WILL TURN THIS OVER TO MOZ ON SOBRIETY AND, UH, PAUL FLETCHER AND, UM, UNLESS YOU PREFER OTHERWISE, I THINK I WOULD RECOMMEND THAT WE JUST GO AND ORDER AND HAVE MILES ON MILES AND GO FIRST.
AND, UM, OF COURSE, IF YOU HAVE QUESTIONS FOR THE CITY WITNESSES, YOU MAY ASK THEM NOW AS WELL BEFORE YOU GIVE YOUR PRESENTATION.
I I'M GOING TO SPLIT MY TIME, I GUESS, WITH MR. FLETCHER, UH, JUST BY WAY OF UPDATE IN TERMS OF OUR PRESENTATION.
WE, WE HAVE NOW WE, THE, THE WARD, THE ESTATE DOESN'T HAVE THE FINANCIAL WHEREWITHAL TO DO THE THINGS THAT ARE HAPPENING THAT ARE BEING REQUESTED OR THEY'RE BEING REQUESTED TO BE ORDERED.
THERE'S ANOTHER CONFOUNDING PROBLEM, WHICH IS THAT BECAUSE WE'RE IN THE PROBATE COURT AND OR ANY ORDER THAT WOULD BE ISSUED WOULD HAVE TO STILL BE AUTHORIZED AS OUR UNDERSTANDING BY THE PROBATE COURT AND THE PROBATE JUDGE, BOTH TO EXPEND THE MONEY IF IT EXISTS, WHICH I DON'T BELIEVE IT DOES, BUT ALSO IN ORDER TO PUT, TO BRING EVERYTHING IN COMPLIANCE.
THE LAST TIME WE MET, UH, WE WERE IN THE PROCESS OF WORKING WITH THE PROBATE COURT, WORKING WITH THE LIEN HOLDER, WHOSE COUNSEL IS ON THE PHONE AND OTHER STAKEHOLDERS TO TRY TO GET IT TO THE POINT WHERE THE PROPERTY COULD BE MOVED TO SOMEBODY WHO CAN MANAGE IT.
AND WE BELIEVE WE'VE ACCOMPLISHED THAT, BUT WE ARE ONCE AGAIN, AWAITING COURT APPROVAL OF OUR RESOLUTION.
UH, AND SO ONE OF THE PROBLEMS WE HAVE IS THAT JU THAT DESPITE THE FACT THAT AN EDICT WAS GIVEN TO BOARD UP AND REPAIR, THAT EDICT WASN'T PRESENTED TO THE PROBATE COURT, BECAUSE THAT'S THE PERSON, THAT'S THE ENTITY, UH, WITH THE AUTHORITY TO, TO AUTHORIZE AND TO MAKE SURE THAT THOSE REPAIRS HAPPEN AND THEY DON'T, AND IT DOESN'T HAPPEN OVERNIGHT.
AND IT CERTAINLY DOESN'T HAPPEN WITHOUT A MOTION AND THE EXPENDITURE OF FUNDS AND FEES.
AND SO REALLY WHAT I HAVE TO SAY ON, ON ALL OF THIS IS I UNDERSTAND THE PREDICAMENT.
[00:30:01]
UH, THAT'S, THAT'S BEEN, UH, RAISED HERE.I, I DISAGREE WITH WHAT I WOULD CALL THE GENERAL CHARACTERIZATIONS AND LEGAL CONCLUSIONS REACHED BY, BY THE CITY.
AND IT'S FINDINGS OF FACT, UH, YOU KNOW, THERE'S, I DIDN'T HEAR ANY EVIDENCE OF ANY ACTUAL INJURIES.
I CAN APPRECIATE THE FACT THAT, THAT THE PERCEPTION IS THAT THIS POSES A RISK.
UH, HOWEVER YOU HEARD IN THE OPENING THAT AT ONE POINT THIS WAS AN OFFICE BUILDING ILLEGALLY TURNED INTO, UH, WITHOUT VIOLATION OF THE CODE, TURNED INTO A MULTIUNIT, UH, RESIDENCE.
AND IT WAS THAT MULTI-EVENT RESIDENCE THAT WAS ALLOWED TO BE SOLD TO THE WORD WHO WAS AN INCAPACITATED PERSON WITHOUT ANY CITY INTERVENTION AND WITHOUT ANY NOTICE THAT IT WAS OUTSIDE OF CODE AND WITHOUT ANY HELP.
AND HE WAS RELYING ON THE PROFESSIONALS WHO WERE SUPPOSED TO, YOU KNOW, PROTECT HIM FROM THOSE TYPES OF THINGS.
SO WE'RE IN, LIKE I SAID, A REAL PREDICAMENT HERE, WHICH IS WE DON'T, WE KIND OF HAVE OUR HANDS TIED ABOUT HOW MUCH WE CAN AND CANNOT DO.
AND SO I WOULD JUST ASK YOU TO TAKE THAT INTO CONSIDERATION BEFORE PUTTING IN AN ORDER WITH A 30 DAY TIMELINE, UH, ABSENT, WHICH, YOU KNOW, OTHER THINGS THEN HAPPEN OR, OR A DEMOLITION HAPPENS, AND I'M GOING TO TURN IT OVER TO MR. FLETCHER.
CAUSE I THINK I'M GOING TO LET HIM ADVOCATE FOR, AND LET HIM COVER ANYTHING THAT I MISSED IN AND EXPLAINED TO YOU, UH, THE LIEN HOLDERS POSITION.
CAUSE THEY'RE GOING TO BE THE ONE, UH, NURTURING TO THIS PROPERTY, HOPEFULLY IN THE VERY NEAR FUTURE.
PAUL, ARE YOU STILL THERE? CAN YOU HEAR ME? YES, PLEASE.
UH, W I CONCUR WITH WHAT MUSLIMS SAID.
UM, I ALSO WANTED TO KIND OF MAKE TWO POINTS.
UM, I UNDERSTAND THAT THERE'S SOME TESTIMONY ABOUT 12 BOARDINGS GOING ON 13TH AND FORWARD LANES.
THE LIEN HOLDER WAS UNAWARE, DID NOT RECEIVE NOTICE OF 12 SETS OF VIOLATIONS.
I THINK WE TALKED ABOUT THAT THE FIRST TIME WE MET, WE DID HERE.
UM, I THINK JUST LAST TUESDAY OR WEDNESDAY THAT A BOARD HAS BEEN REMOVED, FRANKLY, I COULDN'T SEE FROM THE PICTURE, UM, WHAT BOARD WAS REMOVED BY.
WE UNDERSTAND THAT A BOARD HAS BEEN REMOVED.
WE HAVE POSTED THE PROPERTY FOR FORECLOSURE, AND WE ARE PENDING A COURT DATE BEFORE, UM, UH, THE PROBATE COURT ON SEPTEMBER 1ST AND ORDER TO TRIED TO APPROVE THE SALE OF THE PROPERTY.
AND ONE OF TWO THINGS WILL HAPPEN.
EITHER SOMEONE WILL BUY THAT PROPERTY WITH NOTICE OF YOUR ORDERS AND THE HISTORY, UM, OR NO ONE WILL BUY THE PROPERTY IN WHICH THE LIEN HOLDER WILL OWN IT.
UM, AND THEN THEY'LL HAVE TO DO WHAT NEEDS TO BE DONE.
UH, BUT WHAT WE WOULD HAVE REQUESTS THAT THE BOARD DO TODAY IS BASICALLY HOLD THIS IN A BALANCE WE'VE MOVED FORWARD SINCE WE'VE LAST MET, WE HAVE IT POSTED FOR SALE.
WE HAVE THE COURT READY TO HEAR OUR REQUEST TO SELL THE PLACE PROPERTY FOR, UM, THE PROPERTY OWNER TO ABANDON THE PROPERTY, UM, AND POTENTIALLY GET THIS INTO SOME NEW HANDS, UH, WITH A NEW OWNER WHO CAN, UM, TAKE CARE OF IT, WHICHEVER WAY THEY ELECT TO PROCEED, IF THEY WOULD TRY TO WANT TO REPAIR IT, HOPEFULLY THEY CAN COME TO YOU WITH A PLAN TO REPAIR IT, OR IF THEY WANT A DEMO, THEN THEY CAN GO FORWARD AND DO THAT.
BUT WE ARE CERN THAT PUTTING AN ORDER RIGHT NOW, UH, WELL, BECAUSE TWO THINGS, UH, AUTOMATIC APPEAL, OKAY.
AND POSSIBLY CHILLING THE SALE THAT WOULD BE SET ON SEPTEMBER 7TH BECAUSE NOW THIS ORDER WOULD BE OUT THERE.
SO ANYBODY WHO GOES TO A FORECLOSURE SALES AND SEES THAT THE CITY WANTS IT TO MODEL ISH, UH, IF THAT'S PART OF THEIR PLAN AND HEY, MAYBE THAT'S NOT A BIG PROBLEM, BUT IF IT ISN'T AND THEY WANT TO REHAB IT OR EXPAND IT BECAUSE THERE IS A LOT OF OTHER ANCHORAGE THAT CAN BE UTILIZED, UH, WE THINK THAT MIGHT SHOW THE SALE.
SO WE CERTAINLY RECOGNIZE THE NEED TO HAVE THE PROPERTY SECURED.
UM, BUT WE ALSO SO RECOGNIZE THE NEED TO TRY TO GET IT INTO SOME HANDS THAT CAN PUT IT BACK ON THE TAX ROLLS, UM, AT A HIGHER VALUE AND IMPROVE THE PROPERTY.
SO WHAT WE WOULD REQUEST IS THAT, UH, YOU JUST HOLD THIS MATTER IN A BALANCE, UH, COME BACK AT THE NEXT HEARING, UM, AND SEE WHAT THE PROBATE COURT WILL ALLOW US TO DO.
I WILL GET AT LEAST SOME GUIDANCE FROM OUR PROPOSED SETTLEMENT, UM, AND PROPOSED SALE.
UH, THE OTHER THING, JUST KIND OF PROCEDURALLY, I'M JUST GONNA NOTE MY OBJECTION TO THE EXHIBITS.
WE'RE NOT ABLE TO EVEN SEE THEM AND EXAMINE THEM, UH, IN ORDER TO EVEN, UH, RAISE ANY SUBSTANTIVE OBJECTIONS.
UH, SO I WOULD WOULD SAY THAT, AND ALSO, UM,
[00:35:01]
JUST WANT TO REITERATE THAT THE LIEN HOLDER DID NOT RECEIVE 14 NOTICES.WE RECEIVED ONE, AND THAT WAS JUST LAST WEEK AND WE UNDERSTAND, BUT, UH, WE'RE ALSO TRYING TO GO THROUGH THE PROBATE COURT AND GET PERMISSION.
CAUSE WE, YOU MAY BE AWARE OF, WE POSTED THIS PROPERTY OVER SEVERAL MONTHS BEFORE, UH, BUT THE PROBATE COURT REMINDED US THAT WE NEEDED THEIR PERMISSION IN ORDER TO GET IT SOLD OR OTHERWISE IT MIGHT BE COMING BACK.
UH, SO THAT'S WHERE WE ARE NOW.
AND WE JUST REQUEST YOUR, UM, YOU'LL HAVE TO HOLD THIS FOR ANOTHER 30 DAYS AND GET IT TO ANOTHER OWNER WHO WILL MOVE WITH THEIR PLANS OR WITH DEMOLITION OR REPAIR.
THANK YOU, MR. FLETCHER AND MR. SABATA, DID YOU HAVE ANYTHING TO ADD OR ARE YOU DONE WITH YOUR TIME AS WELL? I DON'T THINK THERE'S REALLY MUCH MORE TO SAY.
THANK YOU VERY MUCH FOR LISTENING.
AND, UH, DIVISION MANAGER MORE.
DID YOU HAVE ANY QUESTIONS FOR THE PROPERTY OWNER AT THIS TIME OR SHALL I TURN IT OVER TO THE CONDITION FOR QUESTIONS OR YOU TURN IT OVER TO THE COMMISSION? THANK YOU.
I SAW YOUR HAND UP A LONG TIME AGO.
DO YOU STILL HAVE A QUESTION YOU APPEAR TO BE MUTED? CAN YOU HEAR ME? YES.
MY QUESTIONS HAVE BEEN ANSWERED.
ARE THERE OTHER QUESTIONS FROM THE COMMISSIONERS? YES.
I, I DIDN'T QUITE UNDERSTAND THIS IS COMMISSION OR GO BY THEN.
UM, I DIDN'T UNDERSTAND THE TIMEFRAME OR EXPECTED TIMEFRAME FOR THE PROBATE COURT TO ISSUE SOME SORT OF DECISION.
DO WE HAVE THAT? I THINK IT WAS MR. FLETCHER.
UM, I WAS JUST GONNA SAY RIGHT NOW ON THE 1ST OF SEPTEMBER, UH, WE HAVE A, A, A HEARING IN FRONT OF THE PROBATE COURT TO APPROVE THE OUTLINES OF WHAT MR. FLETCHER AND I HAVE OUTLINED FOR YOU TODAY, THAT SETTLEMENT AGREEMENT AND THE POSTING OF THE PROPERTY FOR SALE.
I BELIEVE MR. FLETCHER HAS IT POSTED FOR SALE ABOUT A WEEK AFTER THAT.
AND SO IT'LL EITHER SELL OR IT WILL NOT SELL AND GO TO MR. FLETCHER'S CLIENT'S A CREDIT UNION AND BY THE TIME YOU HAVE, AND SO I THINK WHEN MR. FLETCHER WAS TRYING TO SAY IS BY THE TIME YOU CONVENE YOUR NEXT HEARING, ALL OF THAT WILL HAVE TAKEN PLACE, AND THERE'LL BE A LOT, BUT MAYBE A WHOLE NEW PROPERTY OWNER WHO CAN GIVE YOU THE COMFORT AND ACT ON THE SPEED, UH, THAT YOU WOULD WANT IN TERMS OF BOARDING IT UP, WHETHER THAT PROPERTY OWNER BE THE BUYER AT FORECLOSURE OR THE CREDIT UNION.
UH, BUT IT WILL BE OUTSIDE OF THE, THE PROPERTY WILL BE OUTSIDE OF THE JURISDICTION OF THE PROBATE COURT BY THEN.
AND IT JUST BE A LOT EASIER TO MANAGE THESE ISSUES AT THAT POINT.
IT'S JUST ONE MORE 30 DAY CONTINUE.
THANK YOU FOR THE INFORMATION THAT HELPS.
I WANT TO BE SURE TO UNDERSTAND, UH, SO THE REPRESENTATIVE FOR THE PROPERTY, WHILE YOU'RE SAYING, IF WE CAN EXTEND YOU 30 DAYS, I MEAN, THIS IS GOING OUT TO 2017 AND IF WE CAN EXTENDING FOR 30 DAYS, BASICALLY THE CITY AND YOUR STATE AND ELEGANT, UH, UH, RECORDS, UH, THE TIMING OF THIS ISSUE.
AND, UH, WE CAN THEN WHETHER THE NEW PROPERTY OWNER DECIDES TO, UH, UH, STORE THIS PROPERTY OR, UH, IMPROVE IT, IT WILL BE OUT OF YOUR HANDS AND OFF OUR PLATE.
IS THAT WHAT I'M HEARING? THAT IS MY, THAT IS MY HOPE AND BELIEF.
2018 DOES NOT INSPIRE CONFIDENCE.
I FEEL A LOT BETTER NOW AND BEFORE, BUT I ALSO THINK THAT, UH, IF THERE'S A REALISTIC, UH, PLAN THAT CAN EXECUTE WHAT YOU'VE ARTICULATED, UM, I COULD BE CONVINCED OTHERWISE.
YEAH, EVEN A LITTLE BIT IS AS, AS EVERYBODY
[00:40:01]
I THINK KNOWS COURTS SOMETIMES DO WHATEVER THEY WANT.AND SO WITHOUT PREDICTING WHAT THE PROBATE COURT WOULD DO, AND JUST SIMPLY ANTICIPATING WHAT I BELIEVE NORMALLY HAPPENS IN THE ORDINARY COURSE IS THE COURT WILL APPROVE THE SETTLEMENT.
THE PROPERTY WILL BE FORECLOSED UPON.
AND THE NEW OWNER WITH KNOWLEDGE AND AWARENESS OF THE ISSUES WILL BE EITHER, ALREADY HAVE JUMPED SOMETHING ABOUT IT, OR WILL AT LEAST BE ABLE TO COME TO YOU AND GIVE YOU A MORE CUMULATED PLAN, UH, WITHOUT HAVING THE YOKE OF A PROBATE COURT AND THE RESTRICTIONS THAT THE PROBATE COURT IS PLACED UPON ME AND MY CLIENT, I CAN'T DO ANYTHING ABOUT THE PROBATE COURT THING.
SO BY THEN, YOU'LL HAVE SOMEBODY WITHOUT ANY OF THOSE LIMITATIONS, BEING ABLE TO DEAL WITH YOU ON, I BELIEVE A MUCH, MUCH QUICKER AND EXPEDITED BASIS.
AND SO BY THE TIME YOU HIRE THE NEXT HEARING, WE SHOULDN'T HAVE THESE TYPES OF QUANDARIES WHERE I CAN ONLY THROW MY HANDS UP AND SAY, THIS IS I CAN'T GIVE YOU A BETTER ANSWER.
CAN I, CAN I SAY SOMETHING? YES.
A DIVISION MANAGER, MARK AUSTIN CODE DIVISION MANAGER, ROBERT MOORE, UH, YOU KNOW, WITH A NEW OWNER, CODE'S GONNA HAVE TO START ITS ENTIRE PROCESS OVER AGAIN.
THEY MIGHT BE AWARE OF KIND OF WHAT THE CONDITION OF THE PROPERTY IS, BUT THEY'RE NOT GOING TO KNOW, UH, OR EVEN IF THEY DO KNOW THAT WE NEED TO DEMO IT OR WE'RE SEEKING DEMO, YOU KNOW, WE'RE GOING TO HAVE TO START OUR ENTIRE NOTIFICATION PROCESS OVER AND ALL THAT.
SO IT, BUT IF WE HAVE, UM, AN ORDER, YOU KNOW, THEY'RE, THEY'RE DEFINITELY GONNA KNOW ABOUT THAT.
CAUSE THAT'LL TRANSFER WITH A DEED.
I JUST HAVE A FEW, UM, QUESTIONS FOR MR. FLETCHER AND SPOTTY.
UM, I GUESS WHOEVER CARES TO FIELD THEM.
SO BUILDING ON WHAT, UM, WHAT DIVISION MANAGER MORE JUST ADVISED WHEN I, WHEN WE TALK IN TERMS OF A FORECLOSURE BEING EMINENT, I THINK A FORECLOSURE IS A SUB-CASE OF A SALE AND IF A SALE WERE IMMINENT, UH, ONE CONSEQUENCE OF OUR ISSUING AN ORDER WOULD BE THAT THE BUYER OF THE PROPERTY WOULD TAKE SUBJECT TO THE ORDER.
UM, AND INDEED EVEN SUBJECT TO, YOU KNOW, ACCRUED FINES.
AND I GUESS WHAT I'D LIKE TO UNDERSTAND IF, IF WHOEVER WOULD CARE TO TRY TO ARTICULATE THIS FOR ME IS HOW THIS SITUATION WAS ANY DIFFERENT.
UH, YOU KNOW, IN OTHER WORDS, IT STRIKES ME THAT THE CODES STAFF'S JOB IS TO, UM, YOU KNOW, IDENTIFY POTENTIAL VIOLATIONS.
AND IN THIS CASE ATTRACTIVE NUISANCE, UM, OUR JOB IS TO ISSUE ORDERS BASED ON OUR FINDINGS, UH, WHEN THOSE VIOLATIONS ARE REFERRED TO US AND THAT THOSE ORDERS SORT OF RUN WITH THE PROPERTY.
AND I, I'M NOT CERTAIN WHY THE FACT THAT A FORECLOSURE SALE MAY BE EMINENT WARRANTS HOLDING SUCH AN ORDER IN A BAND'S, ESPECIALLY IF A STAFF IS CORRECT IN THE REPRESENTATIONS TO US THAT OVER THE COURSE OF FOUR YEARS AND 13 ODD DIFFERENT, YOU KNOW, UH, ORDERS, UH, THIS, THIS, THIS PROBLEM HAS PERSISTED AND CONTINUES TO CREATE, UH, POTENTIAL HAZARDS.
AND, AND SO I GUESS WHAT I'M ASKING, THAT'S SORT OF A LONG WINDUP, BUT I'M ASKING, YOU KNOW, WHEN YOU SAY, OKAY, THIS IS IN THE PROBATE COURT, UM, IT'S ABOUT TO CHANGE OWNERSHIP, I GUESS, WHAT DOES THAT FACT HAVE TO DO WITH OUR ROLE AS A COMMISSION IN ISSUING AN ORDER THAT RUNS WITH THE PROPERTY CONCERNING WHAT NEEDS TO BE DONE TO MAKE THE PROPERTY SAFE FOR OUR COMMUNITY AND OUR FELLOW CITIZENS? DOES THAT MAKE SENSE? I DON'T KNOW IF YOU CAN HEAR ME, I CAN THANK YOU THIS PAUL WITH ON BEHALF OF THE BANK.
UH, AND I, I GUESS I'LL JUST REMIND YOU THAT THE BANK WAS UNAWARE OF THE 12 PROCEEDING ORDERS.
UH, SO IF IT WAS BACK IN 2017 AND MAY, YOU KNOW, WE MAY BE IN A DIFFERENT SITUATION.
UM, BUT WHEN WE DID BECOME AWARE OF THIS IS WHEN WE POSTED THE PROPERTY FOR, SO FOR SALE, WE FOUND THE 2017 ORDER, AND THEN THAT RAISED SOME MORE.
AND I REACHED OUT TO MELANIE AND I GOT A LITTLE MORE INFORMATION.
ANY BODY WHO'S GOING TO SPEND $800,000 IS LIKELY GOING TO DO SOME DUE DILIGENCE AND WE'LL SEE THE ORDER.
UH, SO THEY WILL KNOW ENOUGH ABOUT THAT PROPERTY WHEN THEY PURCHASE IT TO KNOW THE HISTORY OF IT.
UH, BECAUSE THE ORDER, I DON'T THINK REALLY HAS CHANGED MUCH IN SUBSTANCE, EXCEPT THAT THERE'S BEEN MORE 14, BUT THERE'S, YOU KNOW, THE STUFF'S BEEN RIPPED FROM THE WALLS AND THE INTERIOR IS NOT IN
[00:45:01]
GOOD CONDITION.ALL OF YOUR HEARINGS ARE PUBLIC INFORMATION.
UM, AND ONE WOULD THINK THAT IF YOU DRIVE BY THE PROPERTY, YOU SEE IT IN ITS CURRENT CONDITION.
SO THERE'LL BE AWARE THAT THERE IS AN EXISTING ORDER.
THE CONCERN THAT WE HAVE IS IF THERE'S A DEMO ORDER PUT IN TODAY, TWO THINGS ARE GOING TO HAPPEN.
THE PROPERTY OWNER EITHER HAS TO APPEAL IT, WHICH MEANS MASLIN HAS TO GO TO COURT AND GET PERMISSION TO APPEAL THAT ORDER, OR NO ONE APPEALS IT, OR THE HOLDER WILL HAVE TO APPEAL IT, OR NO ONE APPEALS IN THAT ORDER BECOMES FINAL.
AND THEN ONCE IT'S FINAL THE PERSON AT THE FORECLOSURE SALES TO USE, HERE'S THE FINAL ORDER THAT SAYS IT MUST BE DEMOLISHED.
I DON'T HAVE AN OPTION TO REPAIR, RIGHT? BECAUSE NOW THE CITY HAS DECIDED THIS MUST BE DEMOLISHED BY THIS DATE, CERTAIN, AND IF YOU BUY IT, YOU'RE SUBJECT TO THAT, YOU DON'T HAVE THE CHANCE TO COME IN AND SAY, YOU KNOW WHAT, I WANT TO FIX THIS.
I WANT TO GUT IT, KEEP THE SHELL, GET RID OF THE TRAILER, BLAH, BLAH, BLAH.
SO WE JUST THINK A WHILE IT'S BEEN ONGOING FOR FOUR OR FIVE YEARS, UM, AND IT'S BEEN BOARDED UP, UM, AND TO THE EXTENT THERE'S LIENS ON THE PROPERTY, UM, THOSE LANES ARE THERE FOR THE CITY'S PROTECTION, UH, TO COVER THOSE SPOTS.
UM, SO THE CITY HAS THAT PROTECTION, BUT WE JUST THINK ABOUT HAVING THAT ORDER.
IT TIES THE HANDS OF A FUTURE OWNER.
IT MAY BE THE THING AND MAY NOT BE THE BANK.
UM, BUT BECAUSE OF THE HISTORY OF THE PROPERTY, THE CURRENT CONDITION AND THE HISTORY OF THE ORDERS ON THE PROPERTY, UM, WE THINK PUTTING AN ORDER ON IT RIGHT NOW WITH SHELL, THAT SALE AND TIE THE HANDS OF THE FUTURE OWNER.
SO THAT'S WHY WE'RE JUST ASKING YOU ALL TO WAIT ANOTHER 30 DAYS.
WELL, MR. MR. FLETCHER, I APPRECIATE THAT.
THANK YOU FOR THAT, THAT RESPONSE.
I THINK I UNDERSTAND, UM, WHERE YOU'RE COMING FROM.
I GUESS THERE'S ANOTHER ISSUE THAT I JUST WANT TO RAISE.
I HAVE JUST, UM, I DON'T KNOW IF I HAVE A QUESTION BEHIND THIS, BUT I'M GOING TO PUT IT OUT THERE IN CASE YOU CARE TO RESPOND TO IT OR OFFER ANY THOUGHTS AND THAT'S THAT WHILE THIS COMMISSION IS, IS SORT OF QUASI JUDICIARY AND IN TERMS OF, UM, IN TERMS OF OUR ROLE IN OUR MANDATE, UH, I THINK THAT THERE ARE, THERE ARE ISSUES THAT I THINK WE'RE NOT EXPECTED TO, UM, ADJUDICATE ON AND THAT WE MAY EVEN BE EXPECTED NOT TO ADJUDICATE ON THAT.
THAT IS FOR EXAMPLE, UM, YOU KNOW, WE HAVE ANOTHER CASE PENDING RIGHT NOW WHERE, YOU KNOW, SOMEONE HAS SUGGESTED THAT, THAT BY LOOKING OUTSIDE OF THE TESTIMONY OF, UH, THAT WE HEARD IN FRONT OF US, THAT SOMEHOW WE'VE EXCEEDED OUR POWER, YOU KNOW? AND SO I DON'T KNOW THAT IT WOULD EVEN BE WITHIN OUR PURVIEW TO GO AND REVIEW, UM, YOU KNOW, JUDGE HERMAN'S ORDERS IN THE PROBATE COURT RIGHT NOW AND KIND OF SEE WHERE THINGS STAND.
YOU KNOW, I, I DON'T KNOW THAT IT WOULDN'T, UH, UH, YOU KNOW, VIOLATE OUR OWN BYLAWS FOR, FOR ONE OR MORE OF US TO DO THAT.
UM, I KNOW WE HAVEN'T RECEIVED ANY SORT OF ORDER.
AND MY SURMISE IS THAT IF WE WERE TO ISSUE AN ORDER IN THAT ORDER, WOULD IT BE APPEALED TO THE DISTRICT COURT THAT MY UNDERSTANDING OF THE JURISDICTION OF THE PROBATE COURT IS THAT THE COURT WOULD HAVE AUTHORITY TO SORT OF TRANSFER THAT MIGHT NOT BE THE OFFICIAL TERM.
I CAN'T REMEMBER WHAT THE VERBIAGE IS, BUT, BUT IN FACT, TRANSFER HER, UM, THE CASE TO THE PROBATE COURT.
IN OTHER WORDS, TAKE IT OUT OF THE HANDS OF THE DISTRICT COURT TO THE EXTENT THAT IT AFFECTS PROPERTY WITHIN THE JURISDICTION OF AN EXISTING PROBATE MATTER.
UM, AGAIN, I GUESS, I GUESS IF I DO HAVE A QUESTION, UH, YOU KNOW, I KIND OF GO BACK TO WHAT I WAS ASKING A MOMENT BEFORE, UH, SORT OF, IS IT WITHIN OUR PURVIEW TO TAKE ACCOUNT OF THOSE JURISDICTIONAL ISSUES? UH, IN LIGHT OF OUR, OF OUR SOMEWHAT LIMITED MANDATE.
I MEAN, IT STRIKES ME THAT WE WERE ASKING US TO DO IS SORT OF TAKE YOUR WORD FOR IT, BUT THAT'S, THIS IS PENDING AND A AND M SO DOING, WE WOULD SPARE YOU THE EXPENSE OF HAVING TO GO FIRST TO THE DISTRICT COURT, OR MAYBE BACK TO THE PROBATE COURT TO TAKE IT OUT OF THE HANDS OF THE DISTRICT COURTS OR TO GET SOME SORT OF ORDER STATING THE CITY, UM, FROM, UH, YOU KNOW, EXECUTING ITS ORDER.
UM, BUT I, I JUST DON'T KNOW THAT IT'S WITHIN OUR INSTITUTIONAL COMPETENCE, IT WAS A BUILDING IN STANDARDS COMMISSION TO SORT OF TAKE ALL THOSE THINGS INTO ACCOUNT IN DECIDING WHETHER WE'RE GOING TO, UM, YOU KNOW, WHETHER WE'RE GOING TO, WE'RE GOING TO DEFER ACTION.
AND SO, I MEAN, IF YOU HAVE ANY, ANY, ANY COMMENT TO THAT, I UNDERSTAND THAT IT WOULD COST YOU TO INCUR ADDITIONAL COSTS.
IT'S GOING TO GET UP TO GO UP TO THE DISTRICT COURT.
YOU HAVE TO, YOU KNOW, DO MORE MOTION PRACTICE IN FRONT OF THE PROBATE COURT TO STAY, WHATEVER IT IS THAT WE WE ORDERED TONIGHT.
BUT THE COUNTERVAILING CONSIDERATION IS THAT, YOU KNOW, AS, AS DIVISION MANAGER, WARREN'S TELLING US THERE'S 14 GRAND OF CITY RESOURCES ALREADY SUNK INTO THIS THING AND THAT THERE ARE HAZARDS,
[00:50:01]
YOU KNOW, PERSPECTIVE HAZARDS.AND, AND I, I JUST DON'T KNOW THAT IT WOULD BE RESPONSIBLE, UH, YOU KNOW, OF US TO, TO DEFER ACTION ON THIS ANOTHER MONTH, BUT JUST BASED SOLELY ON THE REPRESENTATIONS WE'RE HEARING TODAY.
AND SO I'M GOING TO LEAVE IT AT THAT.
UM, SO, UH, I'M NOT GOING TO HAVE ANY FOLLOW UPS AFTER THIS.
I JUST KIND OF WANT TO PUT THAT OUT THERE IN CASE YOU'D LIKE TO RESPOND.
BUT WITH THAT, I'LL SAY, UH, THANK YOU, MR. PLEASURE.
I'D LIKE TO, I'D LIKE TO ADDRESS, UH, SOME OF THE CONTEXT OF THAT QUESTION THAT I THINK IS A GOOD QUESTION.
UH, IF I, IF I MAY, THIS, THE THING THAT CAME TO MIND, SORRY, GO AHEAD.
OH, IS IT? DO I HAVE THE FLOOR? THANK YOU VERY MUCH AS YOU, AS YOU WERE WALKING THROUGH THAT POINT.
THE THING THAT CAME TO MY MIND IS THE FACT THAT THE MY CLIENT'S COURT WAS, WAS ABLE TO PURCHASE THIS BUILDING, WHICH IS NOW IN THE RECORD WAS COMPLETELY OUT OF CODE.
AND THERE WAS NOTHING RECORDED ANYWHERE.
THERE, THERE WAS NO CODE THERE.
THE COMMISSION HADN'T TAKEN NOTE OF ANY OF THE PROBLEMS OF THAT BUILDING, AND IT WAS ALLOWED TO BE SOLD TO MY CLIENT AFTER ALL THOSE CODE VIOLATIONS HAPPENED.
AND HE WAS FORCED, WE WERE FORCED TO ON HIS BEHALF, VACATE THE BUILDING AND EXPEND ALMOST $50,000, TRYING TO KEEP PEOPLE WHO HAD NO BUSINESS BEING ON THE PROPERTY, OUT OF THE PROPERTY, WHICH IS NOT A PROBLEM OF OUR OWN CREATING OR CREATING MY CLIENT FOR THAT MATTER, NOR OF THE LIEN HOLDER AND KEEPING UP WITH THAT DRAINED A LOT OF THE RESOURCES OF THIS STATE.
AND SOMEHOW AFTER THE PUR THE PROPERTY WAS PURCHASED, THE CODE COMMISSION OR WHOEVER INVESTIGATES CODE VIOLATIONS SUDDENLY BECAME AWARE OF IT AND STARTED TAKING ACTIONS.
NOW, SOMEBODY WHO, WHO LOOKS AT THESE FACTS WOULD SAY, WELL, WHY DID IT HAPPEN RIGHT AFTER MY CLIENT WAS ALLOWED TO BUY IT? AND NOW THAT WE'RE TRYING TO TALK ABOUT PUTTING THIS IN THE HANDS OF SOMEONE WITH THE FINANCIAL COMPETENCY TO ACTUALLY DO SOMETHING WITH THIS PROPERTY, AS OPPOSED TO COSTING THIS ESTATE, HUNDREDS OF THOUSANDS OF DOLLARS, UM, YOU KNOW, I I'M SENSITIVE TO THE IDEA OF INSTITUTIONAL COMPETENCY, BUT I THINK IT WOULD BE IN YOUR PURVIEWS SINCE, SINCE WE'RE TALKING ABOUT THE FACTS THAT ARE IN FRONT OF YOU, IS THAT THERE'S BEEN AN INEQUITY DUG TO THE STATE.
WHERE WAS THE CITY PROTECTING MY CLIENT? IT WASN'T THERE.
AND SO I WOULD ASK YOU TO, TO STAY THE ORDER ON THAT PREMISE.
I THINK THAT CERTAINLY IS WITHIN YOUR INSTITUTIONAL COMPETENCY BECAUSE THIS ALL HAPPENED BECAUSE NO ONE WAS WATCHING THIS PROPERTY UNTIL MY CLIENT BOUGHT IT.
FOR SOME REASON, ALL OF A SUDDEN ALL EYES BECAME, CAME ON THIS PROPERTY AND THAT'S BEEN THE ROLLERCOASTER SLASH DOWNWARD SPIRAL OF THIS PROFIT.
IT WASN'T LIKE WE FOUND BUYER AFTER BUYER EARLY ON, BUT NONE OF THEM WERE ALLOWED TO BUY IT BECAUSE OF THE CODE VIOLATIONS PREVENTING THE SALE.
IF SOMEHOW MY CLIENT WAS ALLOWED TO BUY THIS PROPERTY, DESPITE IN NUMERABLE CODE VIOLATIONS, APPARENTLY THAT EXISTED ON THE DAY HE BOUGHT, HE PURCHASED IT.
SO I WOULD, I JUST WANT TO RAISE THAT ISSUE, NOT AS A REBUTTAL, BUT AS SOMETHING ELSE THAT'S CONSIDERED, UH, IN TERMS OF, IN TERMS OF WHAT YOUR MANDATE IS.
AND IN TERMS OF BEING ABLE TO STAY HAND JUST FOR 30 MORE DAYS, UH, AND NOT, NOT ISSUED THIS ORDER BECAUSE THIS THE ORDER, NOT ONLY, IT'S NOT JUST ABOUT SAVING ME A LITTLE BIT OF TIME OR MR. FLETCHER, A LITTLE BIT OF TIME AND A LITTLE BIT OF RESOURCES.
IT'S ABOUT THE ENTIRE CONTEXT OF THIS THING NOW IN, IN FRONT OF A PROBATE JUDGE AND HAVING THIS ABSOLUTELY CHANGING THE NATURE OF OUR ABILITY TO GET THIS PROPERTY INTO THE HANDS OF SOMEBODY, MORE ABLE AND CAPABLE TO TURN, TO MAKE A VALUE OUT OF IT.
THE EVIDENCE IN FRONT OF YOU IS THAT THERE'S AN UGLY, DILAPIDATED BUILDING AND THAT THERE IS A RISK, BUT THAT RISK IS NOT QUANTIFIED.
THAT THERE'S NOT THIS THERE'S NOT, I DIDN'T HEAR ANY EVIDENCE OF SOMEONE ACTUALLY INJURED ON THIS PROPERTY.
I DIDN'T HEAR ANY EVIDENCE OF ANYONE FROM THE SCHOOL OR THE BANK BREAKING INTO THIS PROPERTY.
SO, YOU KNOW, ALL OF THESE RISKS, MR. FLETCHER, CAN YOU, CAN YOU WRAP UP YOUR POINT PLEASE? YES.
I WOULD JUST, I WOULD JUST ASK THE, I WOULD JUST ASK YOU TO CONSIDER ALL OF THOSE FACTS AND NOT NECESSARILY TAKE THE LEGAL CONCLUSIONS THAT ARE OPPOSING THIS FACTS, UM, AS, AS, AS THE, AS THE GOSPEL ON WHAT'S GOING ON WITH THIS PROPERTY.
AND I'M SORRY TO HEAR THAT YOUR CLIENT WAS NOT ABLE TO DISCOVER THE CODE VIOLATIONS THROUGH DUE DILIGENCE OF COMMISSION.
IT SOUNDS LIKE WE'VE BEEN KICKING THIS CAN DOWN THE ROAD FOR FOUR YEARS NOW, AND THEY'RE ASKING US TO KICK THE CAN DOWN FOR 30 MORE DAYS.
WHAT HAPPENS AFTER 30 DAYS? CAN WE COME UP WITH SOME SORT OF POLICY TONIGHT AND SAY, THAT'S IT NO MORE AFTER 30 DAYS IS
[00:55:01]
OVER.WE KEEP HEARING THESE EXCUSES TIME AFTER TIME, AND THERE'S ALWAYS A RATIONAL EXCUSE, BUT YOU HAVE TO COME UP WITH A HARD STOP AT SOME POINT AND SAY, THAT'S IT NO MORE? AND THE PROBATE COURT COULD DELAY AGAIN AGAIN NEXT MONTH.
AND SO WE NEED TO BE ABLE TO SAY ENOUGH IS ENOUGH.
AND I UNDERSTAND WHAT THE PREVIOUS GENTLEMAN WAS SAYING THAT WE NEEDED TO GIVE HIM THE OPPORTUNITY IN PROBATE COURT.
BUT IF THE PROBATE COURT TAKES MORE THAN 30 DAYS, WE'RE BACK AGAIN WHERE WE WERE BEFORE.
SO I THINK WHAT WE'RE GOING TO GIVE HIM ANY EXTENSION IT'S WITH A DEFINITE HARD STOP THAT WE DON'T MODIFY.
I DON'T WANT ANY MORE STOPS ON THIS JUST FOR GOING ON FOR FOUR YEARS.
THEY KNEW WHEN THEY INVESTED IN THIS PROPERTY, WHAT THEY WERE GETTING INTO.
AND I THINK THIS IS AN EYESORE AND I WAS PUT ON THE COMMISSION TO MAKE SURE THAT WE ADDRESS THESE ONGOING REOCCURRING VIOLATIONS.
AND I'M SORRY THAT THEY WENT FROM ONE OWNER TO ANOTHER, BUT THEY KNEW WHAT THEY WERE GETTING INTO.
SO I AM ALL FOR, UH, UH, AGREEING WITH THE FINDERS OF FACT FROM, UH, CODE AND MOVING FORWARD WITH THE DEMOLITION DIVISION MANAGER BOARD.
DID YOU HAVE SOMETHING TO SAY THAT WE INTERRUPTED? UH, I HAD A COUPLE OF THINGS.
UH, I WAS GOING TO TRY, I WAS GOING TO KIND OF DEFEND THE CITY ON SOME OF THE THINGS HE WAS SAYING, BUT I DON'T KNOW IF I NEED TO GO THERE OR NOT, BUT I WOULD LIKE, UH, THE RECORD TO SHOW THAT, YOU KNOW, JUST CAUSE WE GET A DEMOLITION ORDER, DOESN'T MEAN WE'RE OBLIGATED TO DEMO A REPAIR IS ALWAYS AN OPTION.
SO IF, IF THERE'S REPAIRS STARTED, IF THERE'S PERMITS POOL, THERE'S A PLAN REVIEW SUBMITTED, YOU KNOW, WE'RE GOING TO HOLD BACK AND SEE WHAT THAT LOOKS LIKE.
UH, AS LONG AS THE IT'S SECURE, UH, YOU KNOW, WITHIN A REASONABLE TIME.
I MEAN, IF THERE'S PROGRESS, WE HAVE TO SEE IMMEDIATE PROGRESS, UH, WITH REPAIRS AND THINGS OF THAT NATURE.
UH, BUT AT LEAST THE DEMOLITION, UH, ORDER GIVES US THE POWER TO INTERVENE.
IF NOTHING'S HAPPENING AND DIVISION MANAGER MORE.
CAN YOU SPEAK TO WHAT THE CURRENT TIMELINE IS FOR DEMOLITION? EVEN ONCE IT IS, IF IT WOULD BE ORDERED THIS EVENING, IT'S AT LEAST THREE TO SIX MONTHS.
AND, UH, MISS ALLIE, OR I THINK YOU WOULD BE THE ONE, IS THERE CURRENTLY AN ORDER ON THIS PROPERTY? I THOUGHT EVERYTHING HAD BEEN, WE HAD GOTTEN RID OF ALL CURRENT ORDERS WAS RESCINDED AT THE JUNE MEETING AND WE DID NOT HAVE TIME TO HEAR THE REST OF THE CASE.
AND SO THAT WAS CONTINUED TO JULY.
THE JULY MEETING WAS CANCELED.
SO THERE ARE CURRENTLY NO ORDERS ON THIS PROPERTY, WHICH BASICALLY PUTS WHATEVER FUTURE OWNER, IF IT SHOULD SELL IN THE SAME POSITION AS THE CURRENT OWNER, WHICH IS THAT THEY HAVE, THEY MIGHT HAVE NO IDEA THAT THERE ARE CODE VIOLATIONS.
SO I'M JUST POINTING THAT OUT.
UH, COMMISSION, ANY FURTHER QUESTIONS? YES.
WE CLOSE THE PUBLIC HEARING FIRST.
AND THEN, UM, THE, THE, THE STATEMENTS THAT WERE MADE EARLIER ABOUT NOT KNOWING ABOUT CODE VIOLATIONS, I MEAN, WE HAVE A COMPLAINT DRIVEN SYSTEM.
SO IF COMPLAINTS HAD NOT BEEN MADE, THERE MAY BE MANY PROPERTIES THROUGHOUT THE CITY THAT HAVE, UM, CODE VIOLATIONS THAT WE DON'T KNOW ABOUT.
WHENEVER YOU BUY A PROPERTY, THERE'S AN OBLIGATION, YOU KNOW, YOU NEED TO LOOK AT THE PROPERTY.
UM, SO I JUST DIDN'T REALLY BUY THAT ARGUMENT, BUT, UM, I, I WOULD BE READY TO MAKE A MOTION IF PEOPLE ARE READY FOR THAT, UM, TO ACCEPT THE RECOMMENDATIONS OF STAFF.
SO BASICALLY IT TAKES UP THE STEPS RECOMMENDED ORDER.
ANY FURTHER DISCUSSION ON THE MOTION AND I WILL RESTATE IT HERE SHORTLY.
UM, I HAVE, UH, JUST A COMMENT.
I THINK THAT, UM, WE'RE LOOKING AT EFFICIENCY ON THE CITY SIDE AND EFFICIENCY FOR THE PARTIES THAT MIGHT BE AFFECTED BY THE ORDER.
BUT I BELIEVE SINCE THE DEMOLITION DOESN'T REALLY KICK IN RIGHT AWAY, WE DO HAVE PLENTY OF TIME, NO MATTER, NO MATTER WHO ENDS UP WITH THE PROPERTY, UM, THEY DO HAVE PLENTY OF TIME TO COMPLY OR DO SOMETHING DIFFERENT AND CLEAN EVERYTHING UP.
AND, UM, THE ISSUE OF MAYBE SEEING SOMETHING LIKE THAT WILL SCARE AWAY THE BUYERS.
I DON'T THINK SO BECAUSE MOST OF THE BUYERS ARE PRETTY, UM, THEY'RE PROBABLY GOING TO BE INVESTORS AND THEY'RE PRETTY COMFORTABLE,
[01:00:01]
UM, WITH BEING ABLE TO CLEAR THINGS UP AFTER THE TRANSACTION IS DONE.SO I WOULD SAY WE'RE FINE WITH, UM, THE RECOMMENDATIONS AND THAT WOULD GIVE THEM PLENTY OF TIME IF THE DEMOLITION DOESN'T ACTUALLY HAPPEN FOR MANY, MANY MONTHS DOWN THE LINE.
THANKS COMMISSIONER OGUN, BODHI.
ANY FURTHER DISCUSSION FROM THE, FROM THE COMMISSION.
SO THE MOTION BEFORE US IS TO ADOPT STAFF'S RECOMMENDED ORDER, WHICH IS TO OBTAIN AND FINALIZE ALL NECESSARY.
PERMITS, DEMOLISH ALL PORTIONS OF BOTH THE COMMERCIAL STRUCTURE AND THE DETACHED ACCESSORY STRUCTURE, UH, REQUEST INSPECTIONS FROM AUSTIN CODE.
AND ON THE 31ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND OKAY.
SO ALL IN FAVOR AND I WILL GO THROUGH AND CALL EVERYONE BY NAME SO THAT WE HAVE A RECORD OF THIS.
UM, AND I WILL JUST ASK YOU TO STATE FIRST, IF YOU WERE IN FAVOR, UH, COMMISSIONER OGUN.
COMMISSIONER THOMPSON, COMMISSIONER THOMPSON.
ARE YOU IN FAVOR OF THE MOTION? YES.
THANK YOU, COMMISSIONER MILLER? YES.
AND I AM ALSO IN FAVOR THAT CHAIR FREIBERGER.
UH, THANK YOU, MR.
AND IF YOU HAVE ANY FURTHER QUESTIONS, PLEASE GET WITH YOUR, UM, PROBABLY WAS MISS ALLEY TO WORK THAT OUT.
[2. Case Number: CL 2021-085126 Property address: 3004 E. 12th Street / Owner: Magnolia Christian Church Staff presenter: Willis Adams Staff recommendation: Demolish commercial structure Previous Commission Action: Continued from June 23, 2021 meeting]
CHAIR, AS YOU, AS, UM, WE DISCUSSED EARLIER, ITEM NUMBER TWO IS BEING PULLED FROM TONIGHT'S AGENDA.WE'LL PROBABLY BE RESCHEDULED FOR SEPTEMBER THE PROPERTY REPRESENTATIVE, UH, W HAD SURGERY AND WAS NOT ABLE TO MAKE IT.
SO WE'RE POSTPONING THAT HEARING.
SO WE WILL GO AHEAD AND MOVE ON TO ITEM NUMBER THREE.
AND BEFORE WE START, UH, I BELIEVE ACTUALLY LUKE WAYNE WOULD, MIGHT BE ON THE LINE WITH US THIS EVENING.
IS THAT CORRECT? AND HE'S HERE FOR ITEM NUMBER FOUR AND FIVE.
COULD YOU JUST CONFIRM YOU'RE HERE FOR ITEM NUMBER FOUR AND FIVE, NOT FOR ITEM NUMBER THREE.
I'M HERE FOR A PRIVATE HOUSE AND THE CHURCH HOUSE, 7,200 TO THE THING, UH, AVENUE AND 72 OR FOURTH.
HAD YOU MISTAKENLY PUT ON THE WRONG AGENDA ITEM.
SO WE'LL HEAR FROM YOU SHORTLY.
SO RIGHT NOW WE'RE GOING TO HEAR ABOUT A DIFFERENT PROPERTY ITEM.
NO ONE IS HERE TO REPRESENT ITEM NUMBER THREE, IF YOU WOULD LIKE TO TAKE THOSE OUT OF ORDER.
LET'S ACTUALLY GO AHEAD AND DO THAT.
YEAH, THAT'S A, THAT'S AN EXCELLENT IDEA.
SO WE KNOW THAT WE DO HAVE MR. WAYNE WOOD ON THE LINE AND MR. WAYNE WOULD, DID YOU, UM, DID YOU TAKE THE OATH EARLIER THIS EVENING? YES, I DID.
WELL, WE WILL HEAR FROM THE CITY FIRST AND THEN YOU WILL HAVE YOUR OPPORTUNITY TO SPEAK AFTER THAT.
[4. Case Number: CL 2021-104822 Property address: 7202 Bethune Avenue / Owner: Church of Christ St Johns Addn Staff presenter: Eric Gardner Staff recommendation: Repair residential structure]
[5. Case Number: CL 2021-104824 Property address: 7204 Bethune Avenue / Owner: St Johns Church of Christ Trustees Staff presenter: Eric Gardner Staff recommendation: Repair residential structure]
ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION OR ITEMS FOUR AND FIVE, WHICH ARE REGARDING TO RESIDENTIAL STRUCTURES ON ADJOINING PROPERTIES LOCATED AT 7 2 0 2 AND 7 2 0 4, BUT BOONE AVENUE, BOTH STRUCTURES HAVE SUBSTANDARD CONDITIONS REQUIRING REPAIR.THE CASE NUMBERS ARE AS FOLLOWS 7 2 0 2 BUFFOON AVENUE IS CASE NUMBER CL 2021.
BUFFOON AVENUE IS CASE NUMBER CL 20 21 1 0 4 8 2 4.
ACCORDING TO T CAD, BOTH PROPERTIES ARE OWNED BY ENTITIES RELATED TO ST.
THE EXHIBITS CAN BE FOUND IN THE YELLOW BOOK AND YOUR GOOGLE DRIVE FOLDER TO PROVIDE A BIT OF BACKGROUND ON THESE CASES.
[01:05:01]
FIRST, THESE PROPERTIES HAVE NEVER BEEN BEFORE THE BUILDING AND STANDARDS COMMISSION, BOTH STRUCTURES HAVE HAD EXISTING CODE VIOLATIONS SINCE 2016.WHEN THESE CASES WERE OPENED 7 2 0 2 IS CURRENTLY UNOCCUPIED IN 7, 2 0 4 IS OCCUPIED BY THE PROPERTY REPRESENTATIVE.
BOTH STRUCTURES HAVE SUBSTANDARD, STRUCTURAL CONDITIONS REQUIRE REQUIRING REPAIR IN THE GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBITS ONE AND THREE, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFY OWNERSHIP.
THE NOTICES OF VIOLATION NOTICES OF HEARING IN THE POSTINGS EXHIBITS TWO A THROUGH TWO F AND FOR A THROUGH FOUR D, WHICH CONSISTS OF PHOTOS FOR EACH OF THE CASES REPRESENTED AS WELL AS A COMBINED RECOMMENDED ORDER.
ERIC GARDNER IS HERE TONIGHT TO PRESENT THE PHOTOS IN BOTH CASES, MARKED AS EXHIBITS TWO WAY THROUGH TO F AND FORAY THROUGH 4D.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED.
INSPECTOR GARDNER, PLEASE BEGIN YOUR TESTIMONY.
CAN EVERYBODY HEAR ME? YES, WE CAN.
I'M A CODE OFFICER WITH THE CITY OF BOSTON CODE DEPARTMENT, AND I'VE BEEN ASSIGNED TO THIS CASE.
I'M HERE TO DISCUSS THE PROPERTY AT 72 0 2 AND 72 0 4.
BUT THROUGH AN AVENUE ON APRIL 7TH, 2016, THE CODE DEPARTMENT RECEIVED THE COMPLAINT REGARDING THE STRUCTURE IN SUBSTANDARD CONDITION.
THE COMPLAINT WAS ORIGINALLY ASSIGNED TO CODE OFFICER RODNEY SALAZAR, AND SUBSEQUENTLY TRANSFERRED TO ME ON JULY 8TH, 2021 ON JUNE 30TH, 2016 AND INSPECTION WAS CONDUCTED AND THE CODE DEPARTMENT SENT THE NOTICE OF VIOLATION TO THE REGISTERED OWNER OF THE PROPERTY IN ACCORDANCE WITH THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORDS FOR THE SUBSTANDARD CONDITIONS THAT WERE FOUND, OBSERVED ROTTEN FACIA AROUND THE FRONT SIDES OF THE STRUCTURE, OBSERVED SHIPPING PAINT ON THEIR STRUCTURE, FRONT AND SIDES.
THAT'S EXCITING ON THE NORTH SIDE OF THE STRUCTURE AND OBSERVED MISSING SHINGLES AND ROTTING WOOD ON THE ROOF ON FEBRUARY 6TH, 2017, CHASE RECORDS SHOW CONTACT WAS MADE WITH THE OWNER WHO STATED THAT AT THAT TIME THEY WERE WORKING WITH ANOTHER CHURCH TO HELP FIX THE PROBLEMS ON JUNE 12TH, 2019, A FOLLOW-UP INSPECTION WAS CONDUCTED AND IT WAS FOUND THAT THEIR STRUCTURE REMAINED A SUBSTANDARD CONDITION OF NO REPAIRS MADE ON THAT SAME DAY.
A NEW NOTICE OF VIOLATION WAS SENT AND THE CASE RECORDS REFLECT IT WAS SIGNED FOR ON OCTOBER 15TH, 2020.
THE CODE DEPARTMENT SENT NEW NOTICES OUT TO THE PROPERTY OWNER THAT WERE ALSO SIGNED FOR ON FEBRUARY 11TH, 2021, IF FOLLOW UP INSPECTION WAS CONDUCTED AND IT WAS FOUND THAT THE STRUCTURE REMAINED HIS SUBSTANDARD CONDITION OF NO REPAIRS MADE NOTICE OF VIOLATION WAS POSTED ON THE PROPERTY THAT SAME DAY.
AND AS AN INSPECTION PERFORMED ON JULY 20TH, 2021, IT POPPED THEIR MIND ABOUT HOW RELATION OF NO REPAIRS HAVING BEEN MADE.
I WILL NOW TAKE YOU THROUGH PHOTOS LABELED 2 8, 3 OR FOUR D EXHIBIT TWO, A UH, 7,202, BUT THROUGH AN AVENUE SHOWING A CONTEXTUAL VIEW OF PROPERTY, AND YOU CAN ALSO SEE THE ROOF DAMAGE ON THE RIGHT SIDE OF THE STRUCTURE.
EXHIBIT TWO, B IS A VIEW OF THE STRUCTURE FROM BETHUNE AVENUE.
ALSO SHOWING SOME BRIEF DAMAGE AND MISSING SIGNING ON THE BOTTOM RIGHT SIDE OF THE STRUCTURE.
EXHIBIT TWO SOON IS A VIEW OF THE RIGHT SIDE OF THE STRUCTURE SHOWING THE ROTTING STATION BOARD, THE CHAMPION'S FEELING TANK NEURO STRUCTURE DAMAGE AT THE MIDDLE OF THE STRUCTURE AND HIGHLIGHTS A LARGE HOLE IN THE SIDING, WHICH COULD BE DUE TO FOUNDATION DEFECTS AND IS ALSO ALLOWING RAINWATER AND OTHER ELEMENTS TO ENTER THE INTERIOR OF THE STRUCTURE POSSIBLY CAUSING FURTHER DETERIORATION.
THE OTHER STRUCTURE THAT MAY OR MAY NOT BE READILY VISIBLE.
THIS IS A CLOSE UP VIEW OF THE DAMAGED SIDING.
EXHIBIT TWO E THIS IS A VIEW OF THE REAR OF THE PROPERTY SHOWING MISSING ROOF SHINGLES, THE COLLAPSING FACIAL BOARD AND ROOF SUPPORT BOARDS AND THE CHIPTUNE PEELING THING ON THE SIDE.
EXHIBIT TWO F IS A VIDEO OF THE LEFT SIDE OF THE STRUCTURE SHOWING THE BOARDED UP OR AWAY, THE DAMAGED ROOF AND ROOF SHINGLES.
A'S A CONTEXTUAL VIEW OR 72 0 4, BUT THROUGH THE AVENUE, YOU CAN SEE THE PEELING AND MISSING PAINT.
YOU CAN ALSO SEE THE DAMAGED ROOF IN THIS PHOTO.
THIS IS A FOUR BIGGEST CLOSEUP VIEW OF THE FLAT STRUCTURE.
[01:10:01]
AGAIN, SHOWING THE ROOF DAMAGE AND DAMAGE TO THE SHINGLES AS WELL.EXHIBIT FORCING IS A CLOSEUP VIEW OF THE RIGHT SIDE OF THE STRUCTURE SHOWING THE DAMAGED ROOF BOARDS AND SHINGLES, THE MISSING FACIAL BOARD DAMAGED ROOF SUPPORTS AS WELL AS THE PEELING PAINT IN THIS PHOTO.
YOU CAN SEE THAT THE ROOF IS IN SUCH DISREPAIR THAT RAIN AND OTHER ELEMENTS COULD BE ENTERED IN THE INTERIOR OF THE STRUCTURE CAUSING FURTHER DETERIORATION OF THE STRUCTURE.
NEXT SLIDE, PLEASE EXHIBIT FOUR D THIS IS A VIEW OF THE REAR OF THE STRUCTURE OUTLINING THE DAMAGE AND MISSING ROOF SHINGLES.
THE ROTTING FACIA BOARD DETERIORATED AND LOOSE SIGNING DETERIORATED ANI AND APPEALING AND MISSING PAINT.
I WOULD ALSO LIKE TO POINT OUT, THIS IS A GREAT PHOTO TO SHOW THE IMPORTANCE OF HAVING WEATHER FOOFY ON THE EXTERIOR OF YOUR PROPERTY AND THE DAMAGE THAT CAN OCCUR WHEN IT IS MISSED.
THIS CONCLUDES MY PRESENTATION.
I'M AVAILABLE FOR QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS ONE AND THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO F AND FORAY THROUGH FOUR D ALSO CHAIR.
BEFORE I READ THE ORDERS INTO THE RECORD, I WOULD LIKE TO MAKE ANOTHER REQUEST BECAUSE OF THE RECOMMENDED ORDERS ARE IN BOTH ARE THE SAME IN BOTH CASES, WE'RE REQUESTING THAT ONE RECOMMENDED ORDER BE READ INTO THE RECORD WITH THE UNDERSTANDING THAT WE ARE REQUESTING.
WE ARE REQUESTING TWO SEPARATE ORDERS.
AND YES, YOU MAY GO AHEAD AND STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BOTH CASES IN ORDER THAT THE OWNER COMPLETE THE FOLLOWING IN EACH CASE, RESPECTIVELY ONE, OBTAINING AN ENGINEER'S REPORT TO ASSESS WHETHER THE VIOLATIONS ARE CAUSING THE NEED FOR ADDITIONAL REPAIRS TO OBTAIN AND FINALIZE ALL NECESSARY.
PERMITS THREE REPAIR OUTSIDE OF VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED FOUR REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FIVE ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REQUIRED REPAIRS REQUIRED BY THIS ORDER.
OUR COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
THANK YOU, MISS ALLIE, ARE THERE ANY OTHER WITNESSES FOR THE CITY? OKAY.
HEARING NONE, MR. WAYNE WOULD, DO YOU HAVE ANY QUESTIONS FOR THE CITY INSPECTOR? WELL, I HAVE TO SAY ON, ON MY BEHALF THAT I'M THE FIRST OF ALL THAT I'M A DISABLED AND I'VE BEEN TRYING TO SAY IT INSTEAD OF MAKE IT SOUND LIKE I'VE BEEN TRYING.
I'VE BEEN TRYING TO, UH, UH, SAVE MONEY MONTH AFTER MONTH, UH, TO, TO GET THE ROOF DONE AND EVERYTHING AND JUST UNDECIDEDS AND EVERYTHING.
BUT LET ME JUST SAY, UH, JUST ON THE 17TH OF LAST MONTH, A CODE ENFORCEMENT LADY, I FORGOT HER NAME.
UH, BUT SHE POINTED OUT TO ME SOME, UM, SOME, SOME PEOPLE THAT WILL HELP ME, UH, WITH THE REPAIRS AND EVERYTHING, WHICH WAS A MEALS ON WHEELS AND HABITAT FOR HUMANITY, AND I CALLED THEM AND THEY SAID THEY WOULD HELP ME, BUT THEY PUT ME ON A WAITING LIST.
UM, SO IN THAT NOT BEEN TALKING TO DIFFERENT ROOFERS AND I GOT THE CARDS RIGHT HERE.
I'VE BEEN TALKING TO DIFFERENT ROOFERS AND ONE SAID THAT HE COULD, UM, THAT HE WOULD HELP ME JUST ABOUT TWO DAYS AGO.
SO I'M GETTING CONTACT WITH HIM.
UH, HE CAN, HE HELPED ME CAUSE HE SAID HE COULD HELP ME WITH THE CHURCH, UH, AND, AND THE HOUSE HERE.
SO, UM, I'M REALLY ASKING FOR MORE TIMES, UM, BECAUSE THAT'S WHAT I, THAT'S, WHAT I NEED IS JUST A LITTLE BIT MORE TIME AND I CAN, AND I BELIEVE I CAN GET THIS DONE, UM, IF, IF, IF Y'ALL WOULD.
AND, UH, BEFORE I FORGET, I'M GOING TO GO AHEAD AND EXIT AND ADMIT STAFF'S EXHIBITS ONE AND THREE, AND THE PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO F AND FOUR, A THROUGH FOUR D UM, COMMISSIONERS.
[01:15:01]
QUESTIONS EITHER FOR CITY STAFF OR FOR MR. WAYNE WOOD? UH, YES.I HAVE A QUESTION FOR MR. WAYNE MUD.
CAN YOU HEAR ME? YES, YES I CAN.
SO YOU SAID THAT, UM, THAT THERE'S A ROOFER THAT CAN HELP YOU AND THAT YOU YOU'RE ON WAIT LISTS FOR THESE PROGRAMS. SO CAN YOU TELL US, WHAT DO YOU MEAN? IS THE ROOFER WILLING TO HELP YOU? UM, I MEAN, IS HE NOT GOING TO CHARGE YOU OR CAN YOU TELL US A LITTLE BIT MORE ABOUT THAT? LIKE, UM, YES.
HE SAID THAT, UH, HE HAD CAME UP WITH A PRICE AND I, AND I TOLD HIM, UH, BUT I HAVE TO GO OUT AND BORROW THIS MONEY, UM, AND EVERYTHING, BUT HE SAID THAT HE COULD DO IT.
UM, FOR ME, UH, THIS IS A JV, ROOFING REPAIRS.
HE SAID, HE SAID HE WOULD DO IT FOR ME.
SO YOU HAVE, YOU HAVE THE PRICE AND THE PROBLEM IS YOU NEED TO GET THE MONEY.
AND THEN, UM, THE OTHER FOLKS MEALS ON WHEELS AND HABITAT, DID THEY GIVE YOU A SENSE OF HOW LONG IT WOULD BE BEFORE THEY COULD HELP YOU? NO, THEY DIDN'T.
UH, THEY, THEY, THEY SAID, THEY SAID, I MISS WYNWOOD.
I HAVE TO PUT YOU ON A WAITING LIST.
THE, THE OTHER, OTHER PEOPLE I'VE BEEN TALKING TO, YOU KNOW, THAT HAS SAID TO ME THAT, UM, YOU KNOW, TH THERE'S SOME TIME IF THEY RUN OUT OF MONEY AND I DIDN'T UNDERSTAND, I DIDN'T UNDERSTAND THAT.
THEY, THEY GET A CERTAIN AMOUNT OF MONEY FROM THE CITY AND WHEN THEY'VE SERVED, WHEN THEY'VE USED IT ALL UP, THEN THEY HAVE TO WAIT UNTIL THE NEXT YEAR.
DO OTHER COMMISSIONERS HAVE QUESTIONS EITHER FOR CITY STAFF OR FOR MR. WAYNE WOOD? OKAY.
DO OTHER COMMISSIONERS HAVE EMOTION? I CAN'T MAKE A MOTION AS THE CHAIR.
UM, I WAS JUST GOING TO SAY, I'M JUST THINKING OUT LOUD THAT MAYBE WE COULD ASK HIM TO BRING BACK THE, UM, THE QUOTE HE GOT AND SOME INFORMATION ABOUT, YOU KNOW, WHERE HE IS ON THE WAIT LIST FROM VARIOUS PROGRAMS IN THE CITY.
UH, AND I, THERE MAY BE OTHER ONES THAT, YOU KNOW, THE CITY HAS, THE CITY HAS HOME REPAIR FUNDS AND THEY DISTRIBUTE THEM VERY THROUGH VARIOUS NONPROFITS THAT THE TWO HE MENTIONED OR TWO OF THOSE.
UM, BUT I GUESS, UH, THAT WOULD BE A WAY TO SORT OF MAKE SOME PROGRESS WOULD BE TO GET MORE DETAILS ON THAT AND, AND SEE WHAT THE PLAN IS FOR, UH, GETTING THE WORK DONE.
THE NEXT MEETING, PERHAPS, I DON'T KNOW.
SOMEBODY ELSE STARTED TO SPEAK TO SOMEONE ELSE.
CAN WE, UM, STABLE LOOSEN PILLS AT 30 DAYS? OKAY.
IS THAT A MOTION TO CONTINUE FOR 30 DAYS, MOTION TO CONTINUE FOR 30 DAYS? IS THERE A SECOND? UH, I HEARD COMMISSIONER MILLER AND COMMISSIONER STOVES.
TODD, I'M NOT SURE WHO GOT IT FIRST, BUT THERE IS A SECOND, UM, TO BE SURE THAT WE LIKE TO BE SURE THAT WE EXPECT TO SEE, UH, THE PERMITS TO PROGRESS THE PLAN.
SO, YEAH, THAT WAS ONE OF MY QUESTIONS TOO, IS LET'S, LET'S MAKE SURE THAT THE, UH, HOMEOWNER IS ACTUALLY WILLING TO DO THAT BEFORE WE, BEFORE WE VOTE ON IT.
AND IT SOUNDS LIKE HE WAS FORMATIVE.
UM, YOU KNOW, ANOTHER POSSIBILITY WOULD JUST BE TO, TO EXTEND THE TIMELINE, THE STAFF'S RECOMMENDED TIMELINE TO 90 DAYS, WHICH WOULD CERTAINLY BUY SOME MORE TIME, BUT WE WOULD NEED SOME OTHER DOCUMENTATION.
WELL, I'D LIKE TO KNOW THAT LIKE THE HOMEOWNER TO KNOW THAT WE'RE QUESTIONING IS NOT EASY.
[01:20:01]
THEY'RE NOT TAKING 30 DAYS, THAT'S GOING TO BE A CHALLENGE TO DO IT THE RIGHT WAY.DO YOU WANT TO BE A LITTLE MORE SPECIFIC ABOUT WHAT EXACTLY YOU'D LIKE TO SEE OR COMMISSIONER MILLER, EITHER ONE, UH, A PLAN ABOUT HOW TO REHABILITATE, UH, UH, WHEN YOU'RE GOING TO HAVE YOUR PERMITS AND WHEN YOU EXPECT THE, UH, THE, UH, YOUR PROPERTY BE, UH, APPROPRIATELY, UH, CERTIFIED PERMITTED AND INSPECTED.
SO, UH, A FULL SCHEDULE THAT THAT'S NOT GOING TO HAPPEN IN 30 DAYS, BUT WE WANT TO SEE THE PLAN TO EXECUTE.
DOES THE COMMISSION WANT TO DISCUSS FURTHER OR SHALL I GO AHEAD AND CALL THE QUESTION AND WE CAN VOTE ON IT? UM, YES.
YEAH, I GUESS TO, YOU KNOW, TO BE SPECIFIC, MAYBE IT WOULD BE TO, TO BRING THE QUOTE FROM THE ROOFER OF HOW MUCH IT WOULD COST TO DO THE WORK AND THEN BRING ANY INFORMATION YOU CAN ABOUT THE DIFFERENT PROGRAMS THAT YOU'VE APPLIED FOR AND WHAT THEY HAVE TOLD YOU ABOUT TIMELINE AND, UM, LIKELIHOOD OF BEING ABLE TO, YOU KNOW, UH, DO THE WORK FAIRLY QUICKLY THROUGH THEM OR ANY OTHER WAY THAT YOU HAVE THAT YOU THINK YOU COULD PAY FOR IT.
WELL, I'M GOING TO GO AHEAD AND CALL THE QUESTION.
UM, SO I'LL, I'LL RESTATE WHAT WE WERE ASKING.
SO THE COMMISSION IS, IS THERE'S A MOTION TO CONTINUE THE CASE UNTIL NEXT MONTH, WHICH MEANS WE'RE NOT TAKING ACTION.
WE'RE JUST GOING TO PICK UP NEXT MONTH WHERE WE'RE LEAVING OFF RIGHT NOW.
AND THEN WE'RE ASKING YOU, MR. WAYNE WOOD TO BRING IN THAT DOCUMENTATION.
COULD YOU, UH, COULD YOU GIVE ME THE, UH, THE DOCUMENTATION AGAIN? CAN YOU TALK ABOUT IT NOW SO I CAN KNOW.
SO THE DOCUMENTATION, AGAIN, WE'RE STILL VOTING ON THIS.
WE HAVE NOT YET DECIDED, BUT THE MOTION WOULD INCLUDE THAT, YOU KNOW, IF WE CONTINUE IT TO NEXT MONTH, WE WOULD LIKE TO SEE A QUOTE FROM THE ROOFER, LIKE TO SEE, UH, MORE INFORMATION ON THE PROGRAMS THAT CAN HELP YOU.
UH, CAUSE YOU HAD MENTIONED THAT YOU'RE ON A WAIT LIST, SO WANTING TO SEE, YOU KNOW, WHAT THEIR ESTIMATE IS ON HOW SOON THEY COULD GET TO YOU.
AND ANOTHER PART OF THAT TOO, WAS, WAS, YOU KNOW, WHAT'S, WHAT'S YOUR PLAN? LIKE, DO YOU NEED TO APPLY FOR A LOAN OR DO YOU NEED TO GET ASSISTANCE SOMEWHERE ELSE? JUST KIND OF YOUR OVERALL PLAN FOR HOW TO ACTUALLY EXECUTE ALL OF THIS, ALL OF THE REPAIRS.
SO I GUESS THE THREE THINGS THAT WE'RE ASKING FOR, OH, I'LL TELL YOU, HOLD ON.
AND LIKE I SAID, I MEAN, I NEED HELP AND I TAKE HELP FROM ANYWHERE OR ANYBODY THAT I CAN GET IT FROM.
UM, YOU KNOW, LIKE I SAID, UH, I'VE, I'VE BEEN RUNNING AROUND HERE AND, UH, AND I'M GONNA CONTINUE TO DO THIS.
UH, BUT I PICKED HELP FROM ANYWHERE.
I MEAN, ANYBODY THAT CAN HELP ME, I WISH THEY WOULD.
AND I THINK THE COMMISSION WISHES YOU LOTS OF, LOTS OF HELP TOO, BUT UH, NOW THE COMMISSION IS GOING TO ACTUALLY TAKE A VOTE ON, ON WHAT WE'VE JUST PROPOSED.
SO ALL IN FAVOR OF THE MOTION AND I WILL CALL, ROLL CALL TO SEE SO THAT WE HAVE A RECORD OF WHO IS IN FAVOR.
THAT'S MY LIST OF COMMISSIONERS.
ARE YOU IN FAVOR? COMMISSIONER THOMPSON.
YOU ARE NOT IN FAVOR, CORRECT.
AND I AM ALSO IN FAVOR CHAIR FREIBERGER.
SO THAT IS SIX IN FAVOR, ONE OPPOSED.
SO WE WILL CONTINUE THIS CASE UNTIL THE SEPTEMBER MEETING OF THE BUILDING AND STANDARDS COMMISSION.
SO, UH, MR. WAYNE WOULD, UM, YES, WE LOOK FORWARD TO HEARING FROM YOU AGAIN IN SEPTEMBER AND, AND WE WISH YOU GOOD LUCK.
[01:25:01]
OKAY.SO, UH, MS. ALI, SO WE SHOULD GO BACK AND HIT
[3. Case Numbers: CL 2021-104102; CL 2021-104106; CL 2021-104358; CL and CL 2021-104363 Property address 6901 Wentworth Drive, Exterior, and Units A, B and D / Owner: William and Guisela Morrow Staff presenter: Johnny Serna Staff recommendation: Repair Repeat Offender Program multi-family commercial structure]
ITEM NUMBER THREE ON THE AGENDA.AND I DON'T THINK WE HAVE ANY PROPERTY REPRESENTATIVES HERE TONIGHT FOR THIS PROPERTY.
UM, ITEM NUMBER THREE ON THE AGENDA IS A COMMERCIAL FOURPLEX LOCATED AT 69 0 1 WENTWORTH DRIVE TONIGHT, YOU WILL BE HEARING FOUR CASES FOR THIS PROPERTY REGARDING THE EXTERIOR AND UNITS, A B AND D.
THE CASE NUMBERS ARE AS FOLLOWS 6, 9 0 1 WENTWORTH DRIVE.
EXTERIOR IS CASE NUMBER SIX, CL 20 21 1 0 4 1 0 2 6 9 0 1 WENTWORTH DRIVE UNIT A, IS THIS CASE NUMBER C L 20 21 1 0 4 1 0 6 6 9 0 1 WENTWORTH DRIVE.
UNIT B IS CASE NUMBER CL 20 21 1 0 4 3 5 8 AND 6,000 901 1 WENTWORTH DRIVE UNIT D IS CASE NUMBER CL 20 21 1 0 4 3 6 3.
THE EXHIBITS CAN BE FOUND IN THE BLUE BOOKS IN THE GOOGLE DRIVE FOLDER.
I HAVE ALSO INCLUDED A CHART OF THE VIOLATION SITE.
IN EACH CASE FOR REFERENCE THIS PROPERTY IS IN THE REPEAT OFFENDER PROGRAM.
THE STRUCTURE HAS SUBSTANDARD CONDITIONS REQUIRING REPAIR IN YOUR READERS.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP REQUIRED NOTICES OF HEARING AND POSTINGS EVEN NUMBERED EXHIBITS 2, 4, 6, AND EIGHT, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES AND THE NOTICES OF VIOLATION.
ODD NUMBER EXHIBITS THREE EIGHT THROUGH THREE I FIVE EIGHT THROUGH FIVE F 708 THROUGH SEVEN H AND NINE, EIGHT THROUGH NINE Q CONSIST OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS.
AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR.
JOHNNY CRNA IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED INSPECTOR CRNA.
GOOD EVENING, COMMISSIONER AND COMMISSIONER MEMBERS.
I AM A CITY OF AUSTIN CODE INSPECTOR FOR THE REPEAT OFFENDER PROGRAM.
THE CASE IS I PRESENT BEFORE YOU ARE 4 69 0 1 WENTWORTH DRIVE INTERIOR PERIODIC INSPECTION UNIT, A UNIT B AND UNIT E.
AND THE FACTS OF THE CASE ARE AS FOLLOWS.
THE PRESENTED PROPERTY IS CURRENTLY REGISTERED IN THE REPEAT OF BETTER PROGRAM AND HAD BEEN SO WITH THE CURRENT OWNER, SINCE MARCH OF 2016 AND MAY OF 2020, I WAS REASSIGNED TO THIS PROPERTY UPON INSPECTIONS OF THIS PROPERTY OR THE CASES I FOUND THAT THE PROPERTY HAD MULTIPLE EXTERIOR AND INTERIOR IPMC VIOLATIONS ON JUNE 8TH, 2021.
I POSTED THIS PROPERTY WITH THE NOTICES OF VIOLATION FROM MAY 23RD, 2020 THROUGH JULY 20TH, 21.
I'VE MADE MULTIPLE INSPECTIONS OF THIS PROPERTY.
NO DEFICIENCIES HAVE BEEN ADDRESSED.
THERE WAS NO ACTIVE BUILDING PERMITS IN THE CITY OF AUSTIN, AMANDA DATABASE, OR ANY REPAIRS.
THE PROPERTY WAS ALSO SUSPENDED IN SEPTEMBER OF 2020.
NO ONE HAS CONTACTED ME ABOUT THE PROPERTY SINCE LAST WALKING THE PROPERTY WITH THE OWNER AND SEPTEMBER 11TH, 2020, I'M PRESENTING THE FOLLOWING PHOTOGRAPHS AS EVIDENCE OF THE REMAINING OF THE DEFICIENCIES ONTO THE SLIDE, PLEASE, EXHIBIT THREE, A'S THE CONTEXTUAL PHOTOGRAPH OF THE ON THIS PROPERTY.
EXHIBITS THREE B AND THREE C ARE PHOTOGRAPHS OF THE CONDITION OF SOME OF THE TRIM AND SIDING BOUND THROUGHOUT THIS BUILDING.
AS YOU CAN SEE, FOAM WAS USED AT ONE POINT TO TRY TO MAKE REPAIRS INSTEAD OF USING APPROVED EXTERIOR MATERIALS.
EXHIBIT THREE D IS THE ENTRANCE TO A UNIT C, UH, WHERE YOU CAN SEE A LIGHT FIXTURE IN DISREPAIR.
EXHIBIT THREE E IS A PHOTOGRAPH OF A, AN AC INSTALLATION THAT WAS, UH, MADE WITHOUT A PERMIT.
NEXT SLIDE, EXHIBIT THREE F AND THREE G ARE PHOTOGRAPHIC EXAMPLES OF THE LACK OF SURFACE COATING AND TREATMENT OF THE SIDING AND TRIM DETERIORATION CAN BE SEEN
[01:30:01]
IN MANY OF THE AREAS OF THE FACIAL BOARDS OR THIS BUILDING AND ITS UNITS EXHIBITS THREE H AND 3I OR MORE PHOTOGRAPHS OF THE LACK OF SURFACE TREATMENT, GUTTER DOWNSPOUTS IN DISREPAIR AND NOW BROKEN WINDOW.AND THIS WILL CONCLUDE MY PRESENTATION OF THE 2020 EXTERIOR OF THIS BUILDING.
NOW MOVING TO THE UNIT, A SLIDE EXHIBIT FIVE IS A PHOTOGRAPH OF THE ENTRANCE OF UNITY EXEMPT FIVE.
NEXT SLIDE, EXHIBIT FIVE, B IS A PHOTOGRAPH OF THE SIDING OR UNIT A WHERE THE SITE BEGAN TO LIFT AWAY FROM THE BUILDING, ALLOWING RAINWATER INTO IT RIGHT BELOW THE AREA LIGHT.
YOU CAN SEE WHERE THE FOAM HAS AGAIN BEEN USED TO PATCH A HOLE INSTEAD OF USING APPROVED SIDING MATERIALS.
EXHIBIT FIVE FEET, UH, SEE IS A PICTURE OF A DOOR UNIT EIGHT WITH SOME DAMAGE IN IT.
EXHIBIT FIVE D IS A PHOTOGRAPH OF A RED TAG ISSUED BY THE GAS COMPANY FROM THE FIRST OF THE FURNACE FOR UNITY.
THE FURNACE HAS BEEN IMPROPERLY INSTALLED.
EXHIBIT FIVE E IS A PHOTOGRAPH SHOWING TWO VIOLATIONS WHERE UNIT A ONE IS OF THE KITCHEN, UH, UH, LIGHTS FOR UNIT EIGHT, WHICH IS NOT FUNCTIONING CORRECTLY.
IT WAS FLICKERING BETWEEN ON AND OFF WHILE I WAS THERE, UH, OVER THE HOOD RANGE, YOU CAN ALSO SEE WHERE A SMOKE DETECTOR HAD BEEN AND IS NOW MISSING.
AND THIS'LL CONCLUDE MY PRESENTATION FOR UNITY.
EXHIBIT F IS ANOTHER, UH, CONTEXTUAL PHOTO OF A, UM, WHERE YOU CAN SEE THE TRIM RIGHT AT THE WINDOW ALSO IN DISREPAIR.
AND THAT WILL COMPLETE MY PRESENTATION.
SLIGHT EXHIBIT SEVEN, EIGHT IS A CONTEXTUAL PHOTOGRAPH OF THE ENTRANCE OF UNIT B SIGN EXHIBIT SEVEN, B IS A PHOTOGRAPH OF THE DEADBOLT STUFF FOR THIS PARTICULAR UNIT.
THEY WEREN'T FUNCTIONING AS INTENDED.
I JUST COULDN'T GET THEM TO FULLY LOCK AND EXTEND, UH, EXHIBIT SEVEN C AS A PHOTOGRAPH OF A MISSING KNOB FOR THE BATHROOM FIXTURE THAT ALLOWED SWITCHING BETWEEN THE SHOWER AND TUB SPOUT.
EXHIBIT 70 IS A PICTURE OF THE REAR WHEEL REAR WINDOW TO A REAR BEDROOM WINDOW FOR UNIT B.
UH, EXHIBIT 70 IS A PHOTOGRAPH OF ELECTRICAL WIRING TO THE FURNACE FOR UNIT B.
THE WIRING TO THE SURFACE WAS COVERED UP WITH PUTTY INSTEAD OF SECURING IT WITH THE NEW IMPROVED PLAMP NEXT SLIDE, EXHIBIT SEVEN F SEVEN G AND SEVEN H ARE ALL PHOTOGRAPHS OF THE SEATING AREAS IN UNIT B IN VARIOUS STAGES OF DISREPAIR, SEVEN F SHOWS AN AREA WHERE WATER HAS BEGUN TO LEAK THROUGH FROM THE ROOF INTO THE UNIT, ALONG WITH THE MISSING SMOKE DETECTOR WITHIN THAT SAME PHOTO.
AND THIS ALSO CONCLUDES MY PRESENTATION OF UNIT DEED PM, SORRY, MOVING ONTO UNIT D UNIT EIGHT IS A PHOTOGRAPH OF THE ENTRANCE OF UNIT D NEXT TIME, EXHIBIT NINE, B AS A PHOTOGRAPH OF THE DETERIORATING TRIM OF UNIT D A UNIT C IS A PHOTOGRAPH OF THE DEADBOLT LOCKS THAT ALSO WEREN'T FUNCTIONING PROPERLY FOR THIS PARTICULAR UNIT.
EVEN AT 90, IT'S A PHOTOGRAPH OF THE FLOORING AND THE UPSTAIRS RESTROOM BEFORE BEING MY SHOE BODE.
AS I STEPPED ON IT, EXHIBIT NINE, HE IS A CLOSEUP OF THE PHOTO OF THE WALL IN THE LIVING ROOM WHERE THE WALL HAD BOWED OUT DUE TO DETERIORATION AND THE FRAMING AND EXTERIOR SIDING OF THIS AREA.
NEXT SLIDE EXHIBIT NINE F IS A PHOTOGRAPH OF MISSING DRYWALL MECHANICAL CLOSET.
EXHIBIT NINE G IS A PHOTOGRAPH OF A TOILET AND A HALF BATH WITH ROSS SEWAGE ON THE FLOOR.
EXHIBIT NINE H IS ANOTHER PHOTOGRAPH OF THE WALL OF THE LIVING ROOM, WHERE THE WALL HAD BOWED OUT.
BUT IT'S NOW SHOWING A NON-FUNCTIONING ELECTRICAL OUTLET.
EXHIBIT NINE EIGHT IS A CLOSEUP OF A PHOTOGRAPH OF A SERVICE DISCONNECT WHERE THE AIR CONDITIONER OF UNIT D MISSING ITS REQUIRED SAFETY COVER.
NEXT LINE EXHIBIT NINE J IS A SLIGHTLY BLURRED PHOTO OF, UH, ALL THE DOOR RIGHT NEXT TO THE, UH, THE HINGE EXHIBIT NINE K IS A PHOTOGRAPH OF AN EXTERIOR LIGHT MISSING ITS COVER.
[01:35:02]
EXHIBIT NINE L IS A PHOTOGRAPH OF THE CHIMNEY.THE CHIMNEY FOR THIS UNIT, CHIMNEY WAS COVERED UP WITH A CEMENT BOARD INSTEAD OF REPAIRING IT.
THE TENANTS WERE COMPLAINING OF RAINWATER THAT OFTEN MADE ITS WAY INTO THE UNIT THROUGH IT.
EXHIBIT NINE, F M IS, UH, UH, A PHOTOGRAPH OF AN AIR CONDITIONING FOR THIS UNIT THAT WASN'T ALSO INSTALLED WITHOUT A PERMIT.
NEXT SLIDE, EXHIBIT NINE N IS A PHOTOGRAPH OF ANOTHER RED TAG ISSUED BY THE GAS COMPANY OR THE FURNACE IN UNIT D EXHIBIT I KNOW IS A PHOTOGRAPH PHOTOGRAPHIC EXAMPLE OF THE ROOFING SYSTEM AND THE DETERIORATION THAT ALLOWS FOR RAINWATER TO ENTER THE UNITS, EXHIBITS NINE P AND Q ARE PHOTOGRAPHS OF MORE DETERIORATION IN CLEANING A WINDOW AND DISTRICT PAIR.
NOW IN DISTRICT FAIR FOR A UNIT D THIS CONCLUDES MY PRESENTATION FOR UNIT D AND THIS PROPERTY ONE SECOND, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH NINE Q CONSISTING OF EXHIBITS, 1, 2, 4, 6, AND EIGHT, WHICH INCLUDES STAFFS PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBITS THREE THROUGH THREE I FIVE, EIGHT THROUGH FIVE F SEVEN, EIGHT THROUGH SEVEN, EIGHT, AND NINE, EIGHT THROUGH NINE Q, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS ALSO CHAIR.
BEFORE I READ THE RECOMMENDATIONS, I WOULD LIKE TO MAKE A REQUEST SINCE THE LANGUAGE IS IDENTICAL IN EACH OF THE RECOMMENDED ORDERS, PLEASE ALLOW ME TO READ IT ONCE WITH THE UNDERSTANDING WE ARE REQUESTING SEPARATE ORDERS, BE ISSUED IN EACH CASE.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT INCLUSION CONCLUSIONS OF LAW, AND IN EACH OF THE REFERENCE CASES, ORDER THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY, PERMITS, REPAIR, ALL CITED VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND 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.
UM, I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS 1, 2, 4, 6, AND EIGHT, AND PHOTOS MARKED THREE EIGHT THROUGH THREE I FIVE, A THROUGH FIVE F SEVEN, EIGHT THROUGH SEVEN, EIGHT AND NINE EIGHT THROUGH NINE Q.
AND SINCE THERE ARE NO REPRESENTATIVES FOR THE PROPERTY, WE WILL JUST OPEN THIS UP TO THE COMMISSION FOR QUESTIONS AND DISCUSSION.
UH, I JUST, I HAD SOME QUESTIONS.
I THINK IT WAS MENTIONED THAT THIS IS A REPEAT OFFENDER PROPERTY AND HAS BEEN SINCE 2016.
DID I HEAR THAT CORRECTLY? THAT IS CORRECT.
UM, SO I GUESS I, I WOULD LIKE TO SUGGEST THAT THE PENALTIES BE, UM, NOT A THOUSAND DOLLARS A WEEK, BUT A THOUSAND DOLLARS A VIOLATION, UH, PER WEEK, UH, OR POSSIBLY EVEN PER DAY, YOU KNOW, AS WE DID IN A PREVIOUS CASE, CAUSE SEEMS TO BE STRETCHING OUT.
AM I MISUNDERSTANDING? ARE THESE, UH, THESE VIOLATIONS THAT WE'RE SEEING HERE? UH, IT'S A REPEAT OFFENDER.
IT'S NOT GOTTEN OFF THE REPEAT OFFENDER.
WE KEEP HAVING MORE VIOLATIONS COMING.
IS THAT ACCURATE? SO IT IS ON THE REPEAT OFFENDER PROGRAM, BUT THAT DOESN'T MEAN IT'S THE SAME VIOLATIONS.
I, I WOULD FIND INCREASING THE FINES TO BE RATHER EXTREME GIVEN THAT THIS IS JUST A FOURPLEX.
I WOULD IMAGINE A THOUSAND DOLLARS A WEEK PRETTY QUICKLY.
IT WOULD CERTAINLY GET THEIR ATTENTION FOR A PROPERTY, THE SMALL.
[01:40:01]
UH, SET AGAIN, LETTING PEOPLE ROLL AND ROLL AND ROLL LIKE THAT.THAT WAS ANOTHER WEEK ON THIS.
I THINK WE COULD, UH, GET THEIR ATTENTION CHAIR, MADAM CHAIR.
AND THEN COMMISSIONER STOLL STOPS ACTUALLY FOR ORDERS.
THAT WOULD BE $4,000 A WEEK, UM, A THOUSAND DOLLARS FOR EACH CASE.
THANK YOU FOR THE CLARIFICATION.
I THINK THAT WOULD CERTAINLY GET THEIR ATTENTION.
COMMISSIONER IS STILL STUD YES.
I WAS JUST GOING TO A SECOND OR I GUESS THIRD WAY, WHAT THE CHAIR AND WOODSON DO WITH COMMISSIONER GREEN.
I'D THAT I APPRECIATE, UH, UH, COMMISSIONER MUELLER'S ENTHUSIASM, UM, SHARE IT, UH, WHEN APPROPRIATE, UM, ARE UTILIZING OUR, UM, OUR TWO, UH, UH, ENHANCED INCENTIVES WHEN, WHEN, BUT IN THIS CASE, JUST GIVEN THE NATURE OF THE, UM, THE VIOLATIONS AND THE VALUES AT ISSUE.
UH, UM, I THINK THAT, UM, WHAT'S SIGNIFICANT IN GREECE IS NOT ONCE IT HERE, SO I JUST WANT THEM TO SORT OF CHIME IN AND, AND, AND, UM, ADD MY VOICE TO THAT.
IS THERE A FURTHER DISCUSSION OR WOULD ANYONE LIKE TO MAKE A MOTION? WE CLOSED DISCUSSION EXCEPT THE FUNDING THEN.
IS THERE A SECOND FOR COMMISSIONER? GREEN'S MOTION.
UNLESS THERE'S ANY FURTHER DISCUSSION, I WILL CALL THE QUESTION.
AND I'LL DO THIS, UH, BY ROLL CALL AGAIN.
AND CAN I ASK YOU A QUESTION FIRST? OH, YES, OF COURSE.
I DIDN'T LOOK THROUGH THE PAGES AND PAGES OF DOCUMENTS, BUT DO WE KNOW ANYTHING ABOUT THE OWNER OF THE FOURPLEX? UH, DO YOU WANT TO REOPEN THE DISCUSSION TO ASK THAT PERHAPS? YES.
INSPECTOR SIRNA, CAN YOU SPEAK TO THAT? YES.
I MET WITH THE OWNER, UH, AS I PREVIOUSLY MENTIONED BACK IN SEPTEMBER 11TH, 2020, I WALKED THE PROPERTY WITH HIM.
UM, I RAN INTO THE, UH, TENANT THAT LIVES IN A STATED THAT HE HAD, UH, UH, GOTTEN A NEW MANAGER.
I'VE TRIED TO REACH OUT, BUT AGAIN, NOBODY'S CONTACTED ME SINCE WE DON'T KNOW IF THIS IS AN OWNER THAT OWNS A LOT OF PROPERTIES OR IS A SMALLER OWNER, UM, YOU KNOW, HAVING TROUBLE MAINTAINING PROPERTIES.
WE DON'T, WE DON'T KNOW ABOUT THAT.
ANY FURTHER QUESTIONS OR DISCUSSION IF THEY'RE A SMALL LOADER THEY CAN COME UP WITH I'M SORRY, WHAT COMMISSIONER GREEN.
IF THEY ARE SMALL OWNERS, SMALL LANDLORD ARE HAVING CHALLENGES.
I'M GOING TO CALL THE QUESTION.
SO, UM, I WILL JUST CALL, ROLL CALL AND LET ME KNOW IF YOU ARE IN FAVOR OF THE MOTION, WHICH IS TO ADOPT STAFF'S RECOMMENDED ORDER, WHICH IS BASICALLY TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS AND MAKE ALL REPAIRS WITHIN 45 DAYS FROM THE DATE THAT YOUR ORDER IS MAILED.
UM, AND IF THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENNY PENALTY OF $1,000 PER WEEK PER ORDER.
AND WE ACTUALLY HAVE FOUR ORDERS HERE.
SO THESE ARE FOR THE EXTERIOR OF THE BUILDINGS OF THE BUILDING UNITS IN B AND D.
SO, UH, COMMISSIONER WILL GUMBO DAY.
THANK YOU, COMMISSIONER THOMPSON.
THANK YOU, COMMISSIONER GREEN.
UH, COMMISSIONER MUELLER, ARE YOU IN FAVOR? YES.
AND I AM ALSO IN FAVOR CHAIR FREIBURGER SO THAT IS UNANIMOUS.
UH, BEFORE WE BEGIN ITEM NUMBER SIX, UM, I'D LIKE TO MAKE THE COMMISSIONERS AWARE THAT THERE'S A LOT OF BACKUP MATERIAL IN YOUR READERS.
NOT ALL OF THIS WILL BE PRESENTED.
UM, SO PLEASE DO TAKE A LOOK AT THE BACKUP MATERIAL
[01:45:02]
AND, UH, LET ME MAKE SURE THAT THE PROPERTY REPRESENTATIVE IS ON THE LINE.DO WE HAVE ROBERT BROWN ON THE LINE? LET'S HEAR ON BEHALF OF THE PROPERTY OWNER? YES.
I THINK THE FIRST PART WAS CUT OFF AS THIS ROBERT BROWN.
ROBERT BROWN ATTORNEY WITH THE BROWN LAW FIRM IS HERE ON BEHALF OF THE PROPERTY OWNER.
AND WERE YOU SWORN IN EARLIER THIS EVENING? UH, YES MA'AM.
THEY'RE ALSO, UM, SOME VARIOUS OTHER FOLKS FROM THE ASSET AND PROPERTY MANAGEMENT SIDE ON THE PHONE, UH, AS WELL.
AND IF NEEDED WE'LL WE WILL, YOU KNOW, WE CAN SPEAK TO THEM AS WELL.
UH, YEAH, I HAVE TANYA MIRALIS LISTED.
IS SHE PRESENT? WE HAVE TANYA MIRALIS ON THE LINE.
ARE YOU HERE TO SPEAK ON STARBURST DEPARTMENTS? UH, LET ME COME BACK TO HER AND I BELIEVE THESE OTHERS, THE OTHERS ARE HERE FOR PUBLIC COMMENT.
IS THAT CORRECT? MISS ALLIE? NO, THESE ARE ALL, UH, REPRESENTING THE PROPERTY.
SO DO WE HAVE CRYSTAL SANCHEZ ON THE LINE? LET ME GET A CHAIR.
AND DO WE HAVE, DO WE HAVE STEVEN BELLA ON THE LINE? SURE.
I DON'T SEE THAT NUMBER RIGHT NOW.
DO WE HAVE MONICA GARCIA ON THE LINE? STEVEN'S ACTUALLY, YES, I CAN.
STEVEN IS WITH I'M SORRY IS WITH WHOM? WITH TANYA.
AND ARE THEY, AND I'M NOT SURE.
I HAVEN'T HEARD FROM TANYA MIRALIS YET EITHER.
IS SHE ON THE LINE? HEY, ARE SHE, IS HERE? SHE'S TYPING SH UH, I DON'T KNOW IF SHE'S UN-MUTED OR THAT SHE IS HERE.
AND DO WE HAVE MONICA GARCIA ON THE LINE? YES, THIS IS MONICA GARCIA.
AND DO WE HAVE ADAM KELLER ON THE LINE SHARE ALL THE NUMBERS YOU DIDN'T KNOW? OKAY.
DO WE HAVE ADAM KELLER? I'M NOT SURE THAT HE'LL BE JOINING US.
SO OF ALL THE PROPERTY REPRESENTATIVES, HAVE YOU ALL BEEN SWORN IN? I HAVE NOT.
UH, LET ME GO AHEAD AND FIND THE OATH AND WE'LL TAKE CARE OF THAT RIGHT NOW BEFORE, BEFORE I FORGET.
UH, DO 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.
UH, MISS ALLIE, I BELIEVE WE ARE READY TO PROCEED.
[6. Case Numbers: CL 2021-119634; CL 2021-119642; CL 2021-119650; CL 2021-119667; CL 2021-119728; CL 2021-119730; CL 2021-119734; CL 2021-119736; CL 2021-119758; CL 2021-119760 and CL 2021-119764 8800 N. IH 35, Buildings 1-10 (Exteriors); and Building 10 (Fire Damage), aka Starburst Apartments/ Owner: 8800 Austin, LLC Staff presenter: Johnny Serna, Austin Code Department Staff recommendation: Repair Repeat Offender Program multi-family commercial structures]
SIX ON THE AGENDA IS A COMMERCIAL MULTI-FAMILY PROPERTY LOCATED AT EDDIE HAIGHT LOCATED AT 8,800 NORTHEXTERIOR IS CL 20 21 1 1 9 6 3 4.
EXTERIOR IS CL 20 21 1 1 9 6 4 2.
EXTERIOR IS CL 20 21 1 1 9 6 5 0.
EXTERIOR IS CL 20 21 1 1 9 6 6 7.
EXTERIOR IS CL 20 21 1 1 9 7 2 8.
EXTERIOR IS SEALED 20 21 1 1 9 7 3 0.
EXTERIOR IS CL 20 21 1 1 9 7 3 4.
EXTERIOR IS CL 20 21 1 1 9 7 3 6.
EXTERIOR IS CL 20 21 1 1 9 7 5 8.
[01:50:01]
10 EXTERIOR IS CL 20 21 1 1 9 7 6 0.AND BUILDING 10 FIRE DAMAGE IS CL 20 21 1 1 9 7 6 4, ALL EXHIBITS AND OTHER RELEVANT DOCUMENTS FOR THIS PROPERTY CAN BE FOUND IN THE GOOGLE DRIVE FOLDER.
THE GOOGLE DRIVE IN A FOLDER ENTITLED 8,800 NORTH
THIS IS A COMMERCIAL MULTIFAMILY PROPERTY WITH A TOTAL OF 25 BUILDINGS AND OVER 500 UNITS TONIGHT, WE ARE ADDRESSING 10 BUILDINGS CONSISTING OF 11 CASES.
THE CASES WERE OPENED AND SUBSEQUENTLY ESCALATED TO THE VSC AS A RESULT OF AN ANNUAL INSPECTION FOR THE, FOR THE REPEAT OFFENDER PROGRAM.
THESE STRUCTURES HAVE SUBSTANDARD CONDITIONS REQUIRING REPAIR IN THE GOOGLE DRIVE FOLDER.
FOR EACH OF THE REFERENCE CASES, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP REQUIRED NOTICES OF HEARING AND POSTINGS A STRUCTURAL MAP OF THE PROPERTY.
IDENTIFYING THE BUILDINGS, EVEN NUMBER EXHIBITS TWO THROUGH 22, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES, THE NOTICES OF VIOLATION AND A FIRE REPORT FOR BUILDING 10 ODD NUMBERED EXHIBITS THREE THROUGH 23, I, WHICH CONSISTS OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS.
AND LASTLY CODES RECOMMENDED ORDERS.
AUSTIN CODE INSPECTOR, JOHNNY CRNA IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED INSPECTOR CRNA, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS JOHN SARNO AND I AM A CITY OF AUSTIN CODE INSPECTOR FOR THE REPEAT OFFENDER PROGRAM.
THE CASES THAT I AM PRESENTING BEFORE YOU WILL BE 4 8800 NORTH IHI, 35 SOUTHBOUND BUILDINGS, ONE THROUGH 10 OF AN EXTERIOR, PERIODIC INSPECTION, AND AN ADDITIONAL CASE FOR BUILDING 10 ADDRESSING FIRE DAMAGE.
HIS PROPERTY IS CURRENTLY REGISTERED WITH THE PTA, THE REPEAT OFFENDER PROGRAM, AND IT HAS BEEN SO WITH THE CURRENT OWNER, SINCE SEPTEMBER OF 2020 AND DECEMBER 15TH, 2020, I WAS REASSIGNED THIS PROPERTY UPON MY INSPECTIONS OF THIS PROPERTY AND ITS CASES.
I FOUND THE PROPERTY HAS MULTIPLE EXTERIOR AND INTERIOR IPMC VIOLATIONS ON JUNE 10TH, 2021.
I POSTED THIS PROPERTY WITH THE NOTICES OF VIOLATIONS SINCE DECEMBER 15TH, 2020 THROUGH TODAY, AUGUST 25TH, 2021, I'VE MADE MULTIPLE INSPECTIONS OF THIS PROPERTY AND HAVE FOUND SOME DEFICIENCIES HAVE BEEN ADDRESSED, BUT MANY REMAIN AS OF AUGUST 22ND, 2021.
I HAVE NOT FOUND ANY ACTIVE PERMITS IN THE CITY OF AUSTIN, AMANDA DATABASE, THE FOLLOWING PHOTOGRAPHS I AM PRESENTING THIS EVIDENCE ARE A REPRESENTATION OF THE MANY DEFICIENCIES FOUND THROUGHOUT THE PROPERTY AND ITS BUILDINGS, WHICH SLIDE EXHIBITS THREE A AND THE FOLLOWING EXHIBIT THREE B ARE CONTEXTUAL PHOTOGRAPHS OF THE MONUMENT SIGN AND BUILDING ONE ALSO KNOWN AS THE LEASING OFFICE.
NEXT SLIDE, EXHIBIT THREE, C AND D ARE PHOTOGRAPHS OF A LIGHT IN DISREPAIR AND THE, UM, AN EXTERIOR TRIM AND ALSO INCLUDING THE DOOR, THE LAUNDRY ROOM THAT WERE RECENTLY REPAIRED AFTER BEING CITED, BUT NO PERMIT WAS RE, UH, WAS OBTAINED FOR THE REPAIRS.
ALSO WITHIN THAT, UH, LAUNDRY ROOM, IT'S A PHOTOGRAPH OF A MISSING SMOKE DETECTOR.
NEXT EXHIBIT EXHIBITS, THREE GENIE THREE HAPPENED THREE H ARE REPRESENTATIVE EXAMPLES OF DEFICIENCIES FOUND THROUGHOUT THE PROPERTY OF IMPROPERLY INSTALLED CONDUIT, EXPOSED, ELECTRICAL WIRING, MISSING DEAD FRONT FACE PLATES AND MISSING
THE WATER SPIGOTS, MANY OF THE AIR CONDITIONER APPLIANCES ARE MISSING THE INSULATING FORM ON THE SECTION LINE.
AND MANY HAVEN'T BEEN INSTALLED WITHOUT A PERMIT.
EXHIBIT THREE, I IS A PICTURE OF A MASSIVE METAL DECK THAT WAS CONSTRUCTED WITHOUT A PERMIT.
AND THIS WILL CONCLUDE MY PRESENTATION OF BUILDING ONE.
AND WE WILL BEGIN OUR PRESENTATION OF BUILDING TWO EXHIBIT FIVE DAYS OF PHOTOGRAPH AND REPRESENTATION OF BUILDING TWO.
NEXT SLIDE EXHIBITS FIVE B AND FIVE C ARE PHOTOGRAPHS OF SIDING
[01:55:01]
AND JOYCE WITH DETERIORATION ALONG WITH IMPROPERLY SECURED, STRUCTURAL POSTS, EXHIBITS FIVE D AND FIVE-YEAR PICTURES OF A WATER SPIGOT, ALSO MISSING AN ANTI-PSYCHOTIC VALVE AND A MAIN DISTRIBUTION PANEL MISSING INSTEAD FRONT, UH, COVER SLIDE EXHIBITS FIVE F FIVE G AND FIVE H ARE PHOTOGRAPHS OF MORE PROPER ELECTRICAL INSTALLATIONS FOR MISSING DEAD FRONT COVERS FOR THE SERVICE DISCONNECTS TO THE ACS EXPOSED ELECTRICAL CONNECTIONS AND WIRES, AND MORE MISSING A FOMO ON THE SUCTION LINE OF THE AIR CONDITIONERS, INCLUDING INSTALLATION OF THESE, UH, APPLIANCES WITHOUT A PERMIT.AND THAT WILL CONCLUDE MY PRESENTATION FOR BUILDING TWO.
WE WILL BEGIN OUR PRESENTATION OF BUILDING THREE, EXHIBIT SEVEN.
A'S A PHOTOGRAPH AND REPRESENTATION OF BUILDING THREE.
NEXT SLIDE, EXHIBIT SEVEN, B SEVEN, C 70 AND SEVEN E ARE REPRESENTATIVE REPRESENTATIVE PHOTOGRAPHS OF THE MISSING ANTI-PSYCHOTIC VALVES ON THE WATER, SPIGOTS DETERIORATION AND SOFFITS AND PATIOS IMPROPERLY SECURED STRUCTURAL POSTS, MISSING LIGHT COVERS AND MISSING ELECTRICAL FIXTURES WITH EXPOSED ELECTRICAL WIRING, EXHIBIT SEVEN F WHEN WE GO TO THE NEXT SLIDE, EXHIBIT SEVEN F SEVEN G SEVEN H AND SEVEN, I ARE PHOTOGRAPHS OF FLOOR JOISTS SIDING, STRUCTURAL POSTS IN VARIOUS STAGES OF DETERIORATION AND EXHIBIT SEVEN F MORE UNPERMITTED WORK WAS PERFORMED WHERE A STRUCTURAL POST WAS REPLACED, BUT NO STRUCTURAL LOAD TIES WERE USED.
YOU CAN ALSO SEE WHERE THE CONCRETE PAD FOR THE UNPERMITTED STAIRWAY HAS CRACKED UNDER THE WEIGHT OF THE STAIRS.
NEXT SLIDE AND EXHIBIT SEVEN, J SEVEN K SEVEN L AND SEVEN M ARE PHOTOGRAPHS OF MORE PROPER ELECTRICAL INSTALLATIONS FROM MISSING DEAD FRONT COVERS FOR SURFACE DISCONNECTS AND MAINS EXPOSED, LIVE ELECTRICAL CONNECTIONS, AND WIRING MISSING FOAM ON THE SUCTION LINE OF THE AIR CONDITIONERS AND INSTALLATION OF AIR CONDITIONER APPLIANCES WITHOUT PERMITS, YOU CAN ALSO SEE AN ELECTRICAL OUTLET, NOT PROPERLY INSTALLED MISSING ITS GCF OR GROUND CIRCUIT FAULT, INTERRUPTER INAPPROPRIATE COVER X FINE.
THAT WILL CONCLUDE MY PRESENTATION OF BUILDING THREE AND WE WILL BEGIN OUR PRESENTATION.
EXHIBIT 19 WAS A PHOTOGRAPH AND REPRESENTATION OF BUILDING FOR, UH, EXHIBITS NINE B NINE C 90 AND NINE E ARE REPRESENTATIVE PHOTOGRAPHS OF MISSING ANTI-SCIENCE VALVES ON THE WATER SPIGOTS DETERIORATION ON THE STRUCTURAL POSTS.
ANOTHER CRACK CONCRETE PAD FOR THAT PERMITTED STAIRWAYS AND I'M PERMITTED WINDOW INSTALLATIONS, NOT PROPERLY INSTALLED ELECTRICAL FIXTURES WITH EXPOSED ELECTRICAL WIRINGS.
EXHIBIT NINE F IS A PHOTOGRAPH OF A STAIRWAY PULLING AWAY FROM THE BUILDING EXHIBIT NINE G NINE, EIGHT AND NINE.
I ARE PHOTOGRAPHS OF MORE DETERIORATED FLOOR JOISTS WITH IMPROPERLY SECURED, STRUCTURAL POSTS, MORE MISSING LIGHT PICTURES AND EXPOSED, EXPOSED ELECTRICAL WIRING, AND DETERIORATED SIDING AND TRIM.
EXHIBIT NINE, J NINE K NINE L AND M ARE PHOTOGRAPHS OF AN ENTIRE UN-PERMITTED ELECTRICAL BANK OF MAINS.
ALSO, INCLUDING UNSECURED SERVICE DISCONNECTS, ANY ELECTRICAL CONDUITS EXPOSED, LIVE ELECTRICAL CONNECTIONS AND WIRES MISSING FORM ON AIR CONDITIONERS, SUCTION LINES, INCLUDING THE INSTALLATION OF SAID AIR CONDITIONER APPLIANCES WITHOUT A PERMIT.
THAT CONCLUDES MY PRESENTATION OF BUILDING FOUR, AND WE WILL BEGIN OUR PRESENTATION OF BUILDING 5 11 8 IS A PHOTOGRAPH AND REPRESENTATION OF BUILDING FIVE MAX SIDE, EXHIBIT 11, B 11, C D 11, D N E R.
PHOTOGRAPHS OF MISSING OUTSIDE SIPHON VALVES ON WATER SPIGOTS AND MAINTAINED GUTTER SYSTEMS. I'M PERMITTED STAIRWAYS, AND BUILDING REPAIRS WITH IMPROPERLY SECURED STRUCTURAL POSTS AND MISSING COVERS ON THE LIGHT FIXTURES.
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11 F 11, G N 11 H ARE MORE PHOTOGRAPHS OF THE STEROID MOBILITY.IF YOU LOOK CLOSELY AT THE TOP OF THE STAIRS AND 11 JEAN, YOU CAN SEE ONLY TWO SCREWS WERE USED TO ATTACH THE STAIRS TO THE BUILDING STRUCTURE AND EXHIBIT 11 H ONLY ONE ANCHOR BOLT WAS USED, OR THE SUPPORT LED NY 11.
I IS A PHOTOGRAPH OF MORE AND PROPERLY SECURED SERVICE DISCONNECT BOXES, AND MORE MISSING INSTALLATION ON THE SECTION LINES OF THE AIR CONDITIONERS.
NEXT LINE, EXHIBIT 11, J AND 11 K ARE PHOTOGRAPHS OF MORE PROPER UNSAFE ELECTRICAL SYSTEMS. WE HAVE ANOTHER PERMITTED AIR CONDITIONER WITH UNSECURE ELECTRICAL CONDUIT, ANOTHER MAIN ELECTRICAL PANEL MISSING AND STEP FRONT COVER WITH MORE EXPOSED, LIVE ELECTRICAL WIRES AND COMPONENTS.
THAT'LL CONCLUDE MY PRESENTATION FOR BUILDING FIVE AND WE WILL BEGIN OUR PRESENTATION OR BUILDING SIX.
HEY, EXHIBIT 13 IS A PHOTOGRAPH AND REPRESENTATION OF BUILDING SIX.
THIS PHOTOGRAPH ALSO SHOWS THE CONDUIT FOR THE AREA LIGHT ABOVE THE BUILDING SIGN AND DISREPAIR WITH THE CONDUIT RUNNING ACROSS A BENT LIMIT, LIMITING THE VENT EFFECTIVENESS.
NEXT SIDE EXHIBITS 13, 13, C 13 D AND 13 E ARE PHOTOGRAPHS AND REPRESENTATION OF THE PORCH CEILINGS FOR BUILDING SIX IN DISREPAIR, ALONG WITH MANY JOISTS, HAVING DETERIORATION AND PROPERLY SECURED STRUCTURAL POSTS, MISSING LIGHT COVERS SIDING IN AND AROUND THE PORCHES AND DISREPAIR, GUTTER, DOWNSPOUTS, AND NEED OF REPAIR AND MORE UNPERMITTED WORK SUCH AS THE WINDOW IN 13.
THE NEXT SLIDE EXHIBITS 13 F 13 G 13 H AND 13.
I ARE PHOTOGRAPHS THAT SHOW THE CONDITION OF SOME OF THE GUARDRAILS ON THE THIRD FLOOR OF THIS BUILDING, INCLUDING THE ROTTING, JOISTS AND STRUCTURAL POSTS FOUND AROUND ONE OF THE UNPERMITTED STAIRWAYS PICTURES.
ALSO SHOW IN THE BACKGROUND, A WINDOW THAT WAS INSTALLED WITHOUT A PERMIT, INCLUDING THE ELECTRICAL PANEL IN EXHIBIT 13.
I NEXT SLIDE PLEASE EXHIBITS 13 J AND 13 K ARE PHOTOGRAPHS AGAIN, A REPRESENTATION OF A LOT OF THE ISSUES ON THE PROPERTY.
THE MORE CONDITIONERS MACHINE MISSING THE SECTION LINE, INCLUDING THE INSTALLATION.
ANOTHER SERVICE DISCONNECT IN 13 K IT'S A COMPLETELY MISSING IT'S.
IT'S A SAFETY COVER EXPOSING LIVE ELECTRICAL WIRE.
AND THAT WILL CONCLUDE MY PRESENTATION FOR BUILDING SIX.
AND WE WILL BEGIN OUR PRESENTATION OF BUILDING SEVEN, EXHIBIT 50 AND EIGHT WAS A PHOTOGRAPH AND REPRESENTATION OF BUILDING SEVEN EXHIBITS, 15 BEACH, 15 C AND D ARE PHOTOGRAPHS OF MORE PERMITTED OF THE INCREMENTED STAIRWAYS ALONG WITH THE CON, UM, CRACKED CONCRETE PADS AND 15 C ROD AND STRUCTURAL POSTS IN THAT SAME PICTURE.
EXHIBIT 15, B IS ANOTHER PICTURE OF THE STAIRWAY THAT HAS PULLED AWAY FROM THE BUILDING.
YOU CAN ALSO SEE ANOTHER IMPROPERLY SECURED STRUCTURAL POSTS NEXT TO BEGIN CHATTING JOISTS.
THERE ARE NO JOIST HANGERS ON ANY OF THESE CONNECTIONS.
EXHIBIT 15 IS A PHOTOGRAPH OF A CONDITION OF MANY OF THE EVENTS FOUND ON THE PROPERTY VENTS MISSING COVER OR NOT PROPERLY INSTALLED.
I ARE PHOTOGRAPHS OF THE DETERIORATING TRIM SIDING AND JOYCE, ESPECIALLY ON THE THIRD LEVEL FLOORS, ALONG WITH MANY OF THE FLOOR SLATS IN DISREPAIR EXHIBITS 15, I ARE EXAMPLES OF SOME OF THE REPAIRS THAT WERE RECENTLY MADE THE NEW UNPAINTED JOIST AND THE TRIM AND THE PICTURE WERE ATTACHED TO ROTTING JOISTS.
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15.JANE IS ANOTHER EXAMPLE OF MANY OF THE LIGHTS IN BUILDING SEVEN MISSING A PROPER COVER OR NOT BEING PROPERLY SECURED TO THE BUILDING.
MAYBE IT'S ELECTRICAL WIRE EXPOSED AND 15 K L 15 L M AND N, WHICH WILL BE IN THE NEXT SLIDE ARE PHOTOGRAPHS OF AN AREA IN BUILDING SEVEN.
WE STAY ON THIS LINE, UH, THAT IS IN DISREPAIR.
15 K IS A PHOTOGRAPH OF THE AREA TAKEN FROM BUILDING EIGHT IS A PICTURE OF THE, UH, WHERE WE TOOK.
UM, WE TOOK A PICTURE FROM BUILDING EIGHT OF THIS, UM, AREA IN BUILDING SEVEN, WHERE YOU CAN CLEARLY SEE THAT THE ROOF HAS BEGUN TO SAG INTO THE PORCH AREA OF BUILDING SEVEN AS SEEN IN EXHIBIT EXHIBIT 15 M NEXT SLIDE, WHERE YOU CAN ONLY SEE THAT ONLY A SMALL PORTION AND REPAIR WAS MADE TO THE CEILING AREA.
AND EXHIBIT 15, ADAM SHOWED THE DIP IN THIS ROOFING SYSTEM AT ITS LOWEST POINT WHERE MY HAND IS EXHIBITS 15 0 15 PM, 15 Q ARE MORE PHOTOGRAPHIC, EXAMPLES OF IMPROPER, UM, PERMITTED ELECTRICAL INSTALLATIONS OF AIR CONDITIONERS, MISSING INSTALLATION.
EXHIBIT EXHIBIT 15 P SHOWS A MISSING SERVICE PANEL EXPOSING HIGH VOLTAGE AND CAPACITORS.
THE CAPACITOR EXHIBIT 15 Q IS ANOTHER MAIN ELECTRICAL PANEL ON THE PROPERTY MISSING ITS DEAD FRONT COVER AND HAVING EXPOSED ELECTRICAL WIRING AND COMPONENTS SLIME.
THIS WILL CONCLUDE MY PRESENTATION OF, UH, BILL BEING THERE SEVEN AND WE'LL BEGIN OUR PRESENTATION OF BUILDING EIGHT, UH, 17.
A'S A PHOTOGRAPH AND REPRESENTATION OF ADOBE NATE'S MS. PHOTOGRAPH ALSO SHOWED THE CONDUIT FOR THE AREA LIGHT ABOVE THE BUILDING SIGN IN DISREPAIR, NOT PROPERLY HOUSING, ELECTRICAL WIRING, ALONG WITH MORE EXPOSED ELECTRICAL LINE, UH, RIGHT NEXT TO THE PHOTO EYE IN THE PHOTO.
NEXT SLIDE, EXHIBIT 17, B 17 C D ANY ARE PHOTOGRAPHS OF STAIRWAYS OR BUILDING EIGHT, ALONG WITH THE BROKEN CONCRETE PADS OR THE STEREO, THE STAIRWAYS DETERIORATED STRUCTURE, STRUCTURAL POSTS, AS YOU CAN SEE IN 17, SEEN MORE MISSING SIPHON, UH, ANTI-PSYCHOTIC VALVES FOR THE SPIGOTS UNSCREENED VENTS, UH, IMPROPERLY SECURED STRUCTURAL POSTS AND DETERIORATE JOYCE SIDING AND MORE MISSING LIGHT COVERS.
NEXT SLIDE, EXHIBIT 17, F G 17 H AND 17.
I ARE PHOTOS OF THE THIRD LEVEL GUARDRAILS.
THESE WERE FOUND IN BUILDING EIGHT.
SOME OF THE GUARDRAILS, UH, WERE SECURED WITH JUST WIRE WHILE OTHERS, UH, HAVE SEVERE DETERIORATION AS SEEN IN 17 G 17, EIGHT SHOWS A NEWLY MADE REPAIR ATTACHED TO A WALL WITH SOME DETERIORATION EXHIBITS 17.
17 J K L AND M ARE ALL PHOTOS OF DETERIORATING TRIM MATERIAL AND SIDING AND PORCH CEILINGS ALONG WITH MORE EXPOSED ELECTRICAL IMPROPERLY ATTACHED STRUCTURAL POSTS, OPEN ATTIC SPACE AND EXHIBIT 17.
JANE CHOSE THAT THE CONDITION OF SOME OF THE INTERNAL ROOFING SYSTEMS FOR THIS AREA.
NEXT LINE EXHIBIT 17, N 17 0 17 PMQ ARE PHOTOS OF MORE EXPOSED ELECTRICAL WIRING MISSING DOWNSPOUTS GUTTERS, UNSECURED ELECTRICAL SERVICE COVERS UNINSTALLED SERVICE PANELS ON UNPERMITTED AIR CONDITIONERS AND ANOTHER OPEN-END EXPOSED ELECTRICAL PANEL.
ONCE AGAIN, I JUST WANT TO REMIND EVERYBODY, THESE ARE JUST REPRESENTATIVE PHOTOS REPRESENTING, UH, THE, UH, DEFICIENCIES FOUND THROUGHOUT THE PROPERTY.
THIS CONCLUDES MY PRESENTATION OF BUILDING EIGHT AND WE'LL BEGIN OUR PRESENTATION FOR BUILDING NINE.
EXHIBIT 19 EIGHT IS A PHOTOGRAPH AND REPRESENTATION OF BUILDING NINE.
NEXT SLIDE EXHIBITS 19 B 19 C 19.
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FOR BUILDING NINE AND PERMITTED STRUCTURAL REPAIRS DETERIORATION IN THE STRUCTURAL POSTS THAT'S SEEN IN 19.SEE TOWARDS THE BOTTOM, UM, DETERIORATION IN THE JOISTS AND SIDING AND PROPERLY ATTACHED STRUCTURAL POSTS AND STAIRWAYS, AND AGAIN, MISSING BACKFLOW PREVENTERS.
NEXT LINE EXHIBITS 19 APP G H N 19.
I ARE PHOTOGRAPHS SHOWING VARIOUS DEFICIENCIES FROM A BLOCK WALKWAY IN CASE OF AN EMERGENCY, AS WE WILL SEE IN BUILDING 10 TO SIDING AND VARIOUS STAGES OF DISREPAIR, WE CAN ALSO SEE AN EXHIBIT 19 H UH, THE LUMINAIRE AT THE TOP OF THE PICTURE IS MISSING A COVER WHILE THE ONE BELOW IS FULL OF WATER AND EXHIBIT 19 G YOU COULD SEE THE HEAVILY DETERIORATED, UH, BALLISTERS WARM OR SLACKS AND SIDING WITH THE DETERIORATION RIGHT NEXT TO THE TOILET WATER GUN DETERIORATION, NOT IN THE SIDING.
19 J 19 K 19 L AND M ARE PHOTOGRAPHS SHOWING CEILINGS IN THIS REPAIR.
UM, THIS MISSING VENT COVERS, UM, 19 J THAT WAS A PLASTIC BAG THAT WAS PUT IN PLACE ABOVE A PROPER VENT, UM, COVER VARIOUS STAGES OF, UH, JOIST, VARIOUS, UH, UH, OF THE JOIST AND, AND, UH, SHOWING VARIOUS STAGES OF DECAY AND EXHIBITS 19 K AND 19.
NOW EXHIBIT 19 M IS A PICTURE OF, UH, THE DOORS TO THE ELECTRICAL CLOSET, ALSO INDUSTRY PAIR.
NEXT SLIDE EXHIBIT 19 N 19 O P Q R.
PHOTOGRAPHS OF MORE ELECTRICAL APPLIANCES AND COMPONENTS INDUSTRY PAIR FROM BROKEN PHOTO SENSORS, UNSECURED SERVICE DISCONNECTS, UM, MISSING SERVICE PANELS ON THE AIR CONDITIONERS THAT YOU CAN SEE IN 1908 IN THE, UH, APPLIANCE FARTHEST FROM US AND MISSING DEAD FRONT FACE PLATE COVERS ON THE MAIN ELECTRICAL PANELS AS SHOWN IN, UM, 19 Q NEXT SLIDE.
THAT CONCLUDES MY PRESENTATION OF BUILDING NINE, MOVING TO BUILDING 10 21.
A'S A PHOTOGRAPH AND REPRESENTATION OF BUILDING 10 21, B 21 C D AND 21 E ARE PICTURES OF UNPERMITTED AGAIN, THEN PERMITTED STAIRWAYS PICTURES OF THE DETERIORATED JOYCE, UH, VARIOUS FLOOR LEVELS ALONG WITH MISSING, UH, UH, DOWN GUTTER SPOUTS EXHIBITS.
AND EXHIBITS 21 F 21 G 21 H AND I ARE PICTURES OF SITING IN DISREPAIR OR IMPROPERLY SECURED, STRUCTURAL POSTS, UNSECURED LIGHT FIXTURES WITH EXPOSED ELECTRICAL WIRING AND MISSING THEIR PROPER COVER AND EXHIBITS 21 H WE HAVE ANOTHER ELECTRICAL CLOSET, UH, WITH ITS STORES AND ITS DISREPAIR, AND ANOTHER, A PHOTO Y IN THIS REPORT, YOU CAN SEE ANOTHER MAIN ELECTRICAL PANEL MISSING THE DEAD FRONT FACE PLATE COVER.
AND I JUST WANTED EVERYBODY TO KNOW THAT A LOT OF THE, UH, THE MAJORITY OF THESE ELECTRICAL ISSUES THAT WE HAVE PRESENTED IN ALL THESE CASES SO FAR HAVE BEEN AT GROUND LEVEL WITH THE EXCEPTION OF ANY OF THE EXTERIOR, UH, LIGHTS ON THE BUILDINGS, NEXT SLIDE, AND EXHIBIT 21 J ANOTHER EXAMPLE OF, YOU KNOW, MISSING SERVICE, UM, PANEL OR ANOTHER AIR CONDITIONER LOCATED TO BUILDING 10.
AND THAT WILL CONCLUDE MY PRESENTATION OF THE PERIODIC INSPECTIONS OF BUILDINGS ONE THROUGH 10, AND WE WILL BEGIN OUR PRESENTATION OF FIRE DAMAGE, UM, CAUSED TO BUILDING 10 ABOUT A MONTH AFTER OUR PERIODIC INSPECTION.
[02:15:03]
SO 23 A WAS A CONTEXTUAL OR A PHOTOGRAPH AND IDENTIFICATION OF BUILDING 10.YOU CAN GO AHEAD AND MOVE FORWARD.
EXHIBITS A 23 B THROUGH 23 E ARE PICTURES OF VARIOUS ANGLES, UM, AND OF THE AREAS OF THE DAMAGE CAUSED BY FIRE THAT OCCURRED IN BUILDING 10, IT'S FINE, 23 F THROUGH I ARE ADDITIONAL PHOTOGRAPHS OF THE DAMAGED UNITS.
EXHIBIT 23 IS A PHOTOGRAPH OF THE INTERIOR OF ONE OF THE EFFECTED UNITS.
AND THAT WILL CONCLUDE MY PRESENTATION OF THE FIRE DAMAGE TO BUILDING 10 AND THIS PROPERTY.
THANK YOU BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH 23.
I CONSISTING OF EXHIBIT ONE AND ALL EVEN NUMBERED EXHIBITS, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS, ODD NUMBERED EXHIBITS BEGINNING WITH EXHIBIT THREE, WHICH ARE PHOTOGRAPHS OF THE PROPERTY.
AND THE ALSO CHAIR, BEFORE I READ THE RECOMMENDATION, I WOULD LIKE TO MAKE A REQUEST OTHER THAN THE RECOMMENDATION FOR THE FIRE DAMAGE TO BUILDING 10, ALL OF THE RECOMMENDED ORDERS ARE THE SAME.
PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER FOR THE CASES REGARDING THE EXTERIORS OF BUILDINGS.
ONE THROUGH 10, AS WELL AS A SEPARATE RECOMMENDATION FOR BUILDING 10 FIRE DAMAGE.
WITH THE UNDERSTANDING THAT WE ARE REQUESTING, REQUESTING SEPARATE ORDERS FOR EACH OF THE 11 CASES.
STAFF ASKS THE ASKS REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ALL 11 CASES.
AND FOR THE CASES REGARDING THE EXTERIORS OF BUILDINGS, ONE THROUGH 10 ORDER, THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY, PERMITS, REPAIR, ALL CITED VIOLATIONS TO THE COMMERCIAL MULTIFAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND 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 REQUIRED REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALLOW CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
ALSO STAFF ASKS THAT THE COMMISSION ORDER THE FOLLOWING REGARDING THE FIRE DAMAGE TO BUILDING 10 OBTAIN AND FINALIZE ALL NECESSARY PERMITS, REPAIR, ALL CITED VIOLATIONS TO THE COMMERCIAL MULTIFAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE, FIRE DAMAGED UNITS.
NUMBER 1 0 6 9 1 0 7 6 2 0 6 9 2 0 7 6 3 0 6 9 3 0 7 5 AND 3 0 7, 6 SHALL REMAIN VACANT INSECURE UNTIL ALL REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
AND ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESSED A CIVIL PENALTY OF $1,000 PER WEEK FOR THE BUILDINGS EXTERIOR, WHICH 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.
UH, I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS ONE THROUGH 23.
I, AND I WILL ALSO GO AHEAD AND ADMIT THE PROPERTY OWNERS EXHIBITS A THROUGH I, UM, AT THIS TIME I WOULD LIKE TO TURN THIS OVER TO THE PROPERTY REPRESENTATIVES AND REMINDER TO YOU AS WELL, THAT THIS IS YOUR OPPORTUNITY TO ASK QUESTIONS OF STAFF, AS WELL AS PRESENT YOUR, YOUR EVIDENCE.
UM, IF YOU WOULD LIKE TO GO AHEAD AND PROCEED, UH, I DON'T KNOW IF YOU JUST WANT TO GO ON THE ORDER IN WHICH I HAD CALLED YOU, OR YOU CAN DETERMINE WHICH ORDER YOU'D LIKE, BUT I HAVE ROBERT BROWN IS LISTED FIRST HERE.
I AM THE ATTORNEY FOR THE OWNERS, UM, WHICH IS 8,800 AUSTIN LLC.
UH, WE HAVE AN OVERVIEW OF A PRESENTATION, WHICH WE HANDED OUT, WHICH IS KIND OF THE GUIDE TO THE EXHIBITS, WHICH ARE ATTACHED.
UM, THE EXHIBITS ARE QUITE LARGE.
[02:20:01]
AS YOU CAN TELL BY THE NUMBER OF PEOPLE ON THIS CALL ON BEHALF OF THE OWNER MANAGEMENT COMPANY, UH, THIS, THIS IS A VERY IMPORTANT ISSUE TO THIS OWNER.UM, THIS APARTMENT COMMUNITY WAS PURCHASED BY THE CURRENT OWNERS ON APRIL 30TH, 2019.
IT WAS RENAMED FOLK FROM THE SOLANO APARTMENTS TO THE STARBURST APARTMENTS.
UH, THE OWNERS ARE EXPERIENCED AND, UM, OWNING MULTIFAMILY COMMUNITIES AND THEIR, UH, THEIR SMALL FAMILY GROUP.
AND WHAT THEY HAVE DONE IN THE PAST SUCCESSFULLY IS TAKE PROPERTIES SUCH AS THIS BUILT IN THE EIGHTIES, WHICH ARE IN A PERIOD IN A STATE OF NEGLECT AND TAKING THOSE PROPERTIES AND REHAB REHABILITATING THEM AND TURNING THEM INTO AN ASSET FOR THE NEIGHBORHOOD AND FOR THE COMMUNITY.
UM, AS YOU CAN SEE FROM THESE PICTURES, UH, THESE PROBLEMS DIDN'T ARISE DURING MY CLIENT'S OWNERSHIP, UM, THAT, YOU KNOW, THEY DIDN'T ARISE DURING THE PAST TWO YEARS.
THESE WERE THE RESULTS OF YEARS OF NEGLECT.
AND, UM, AND SO AT THIS POINT, UM, WHEN THEY PURCHASED THE PROPERTY, THEY HAD A REHABILITATION PROGRAM AND GOAL IN PLACE.
UM, THE, UH, REHABILITATION AFTER CLOSING STARTED, UH, NEAR THE END OF 2019, UM, YOU KNOW, AGAIN WITH THE, WITHOUT THE PURPOSE WAS TO, UM, MAKE THE PROPERTY LOOK NICE AND MAKE IT NICE FOR TENANTS FOR THE NEIGHBORHOOD, FOR THE CITY OF AUSTIN.
UM, AND AS PART OF THEIR BUSINESS MODEL, UM, DURING, UH, THE REHAB, UM, YOU KNOW, IN MARCH OF 2020, AS WE ALL KNOW, UH, COVID-19 HAPPENED, AND THAT CAUSED A NUMBER OF ISSUES FOR THIS PROPERTY, CONSTRUCTION AND MAINTENANCE WERE ESSENTIALLY BROUGHT TO A STANDSTILL, UH, AS MANDATES WERE FLOWLY LIFTED, LABORS AND MATERIAL HAVE BEEN DIFFICULT TO OBTAIN, UH, DURING THE COVID LOCKDOWNS.
THE, UNFORTUNATELY THE CITY OF AUSTIN BEGAN INUNDATING THIS PROPERTY, THE CODE VIOLATIONS.
AND IF YOU LOOK BACK, IF YOU LOOK AT THE LIST OF VIOLATIONS, WHICH YOU'RE PROVIDING EXHIBIT A MANY, MANY OF THOSE ARE FROM MAY OF 2020 THROUGH NOVEMBER OF 2020, RIGHT IN THE MIDDLE OF THIS WHOLE COVID SITUATION THAT WE'RE FACING, UM, CONCURRENTLY THE CITY OF AUSTIN AND TRAVIS COUNTY IMPOSE SOME OF THE MOST STRINGENT EVICTION PROHIBITIONS IN THE STATE OF TEXAS, WHICH LEFT THE OWNER WITHOUT RECOURSE AGAINST TENANTS THAT WEREN'T PAYING RENT, UM, WHICH HAS ALSO RESULTED IN A SIGNIFICANT DROP IN RENTAL REVENUE FOR THE PROPERTY.
UM, DURING THIS TIME THE ORIGINAL PROPERTY MANAGEMENT COMPANY, UM, WAS NOT PERFORMING WELL AND AS EXPECTED BY THE OWNERS.
UM, THANKFULLY IN JANUARY OF 2021, VALIANT RESIDENTIAL, UH, WAS BROUGHT IN TO TAKE OVER MANAGEMENT.
AND IT'S BEEN, UH, SINCE THEN THINGS HAVE PROGRESSED SIGNIFICANTLY.
UM, UNFORTUNATELY IN JANUARY OF 2021, AND ON MY PRESENTATION, I WROTE JANUARY OF 2020.
IT WAS ACTUALLY JANUARY OF 2021.
UH, ONE OF THE BUILDINGS CAUGHT ON FIRE AROUND THE HOLIDAYS.
AND, UM, THAT WAS A UNFORTUNATE EVENT.
FIRE CAUSED BY A TENANT PROPERTY HAS BEEN SECURED.
UM, THERE ARE NOW PLANS AND SPECIFICATIONS, UM, BEING PREPARED BY ARCHITECTS SO THAT THOSE, UM, PLANS CAN BE SUBMITTED FOR PERMITS FROM THE CITY OF AUSTIN.
DESPITE THAT NOTE THAT THE WINTER STORM OF FEBRUARY, 2021 BROUGHT ADDITIONAL, PRETTY SIGNIFICANT DAMAGE TO THE PROPERTY REQUIRING EMERGENCY REPAIRS.
SO AS THEY'RE GOING THROUGH ALL THESE CODE VIOLATIONS AND YOU HAVE THE FIRE AND ALL THAT, THEY'RE TRYING TO DEAL WITH THE WINTER STORM REPAIRS, WHICH BROUGHT FURTHER DELAYS IN LABOR, OBTAINING LABOR AND MATERIALS.
SO EXHIBIT A IS A LIST THAT, UH, MY CLIENT'S MANAGEMENT COMPANY HAS PREPARED OF THE VIOLATIONS, UM, THAT WERE ISSUED BY THE CITY OF AUSTIN.
UM, 10 OF 17 OF THOSE PAGES HAVE ALREADY BEEN ADDRESSED.
THE CLIENT IS MY CLIENT IS WORKING THROUGH THEM DILIGENTLY.
UNFORTUNATELY, WITH THE DELAYS IT'S TAKEN LONGER THAN THEY HAD HOPED.
UM, IN MAY OF 2021, A CONTRACTOR B R TEXAS GENERAL CONTRACTORS INCORPORATED WAS HIRED.
YOU CAN SEE THE CONTRACT, WHICH IS TAXED AS EXHIBIT C.
THAT'S A COMPREHENSIVE 340 PAGE CONTRACT, WHICH HAS, UM, HUNDREDS OF PAGES OF EXHIBITS, OF ITEMS THAT ARE CODE VIOLATION ISSUES THAT ARE BEING REMEDIATED BY THE CONTRACTOR.
YOU CAN SEE PICTURES OF THE TASKS WHERE EACH ISSUE IS CIRCLED AND THAT CONTRACTOR IS WORKING THROUGH THOSE ITEMS. UM, EXHIBIT D WILL SHOW THAT INITIALLY AFTER, UM, AFTER A LOT OF THESE CITATIONS CAME IN, THEY HIRED AN ELECTRICAL CONTRACTOR, SPENT OVER $6,000 IN FEBRUARY, MAYBE EARLY MARCH JUST TO ADDRESS THE, UH, LARGER HEALTH AND SAFETY ISSUES.
[02:25:01]
BIGGEST ISSUES WE'RE FACING IS THE PERMITS AND MR. SERNA REFERENCED SOME WORK WAS DONE WITHOUT PERMITS.AND I WILL LET, UM, UH, WHEN I'M FINISHED, I WILL LET MR. STEVEN, BELLA WHO'S, UH, IN CHARGE OF CONSTRUCTION COMMENT IN FURTHER DETAIL ON THAT.
BUT YES, THERE WAS SOME WORK THAT WAS DONE WITHOUT PERMITS.
IT WAS THEIR UNDERSTANDING FROM THE CITY THAT PERMITS WERE NOT REQUIRED WHEN THE, WHEN THAT WAS BROUGHT TO THEIR ATTENTION, THEY'VE SHIFTED GEARS AND WE'RE, UM, SUBMITTING PERMITS, UH, WITH THE PROBLEM RIGHT NOW IS WE CAN'T GET PERMITS FROM THE CITY.
UM, AND ON JULY 22ND OF THIS YEAR, THEY SUBMITTED PERMIT APPLICATIONS.
THEY'RE DOING THEM BY GROUPS OF BUILDINGS.
UM, PROPERTY WAS TOLD MANAGEMENT WAS TOLD THAT THEY COULD SUBMIT A QUICK TURNAROUND PERMIT.
THEY WOULD GET PERMITS WITHIN 24, MAYBE TO 48 HOURS.
HERE WE ARE AUGUST 25TH, ONE MONTH AND THREE DAYS LATER STILL HAVEN'T RECEIVED PERMITS.
UM, SO IT'S ONE OF THOSE DEALS WHERE CLIENT WANTS TO DO THE WORK.
THEY HAVE THE CONTRACTOR, THEY HAVE EVERYTHING LINED UP.
WE HAVE TEAMS OF PEOPLE READY AND WILLING, BUT WE CAN'T GET THE OTHER ARM OF THE CITY TO GET THE PERMITS THAT ARE NEEDED.
SO, UM, AT THIS POINT, YOU KNOW, MR. SHANNON WENT ON ABOUT ALL THE, THE ISSUES AND YOU CAN SEE THOSE PROPS, THOSE PROBLEMS WERE LARGELY INHERITED.
UM, IT SOUNDS LIKE A LOT OF PROBLEMS WHEN YOU GO THROUGH IT ONE BY ONE, BUT WE'RE TALKING ABOUT 504 HOMES, 504 FAMILIES THAT ARE LIVING THERE.
AND SO WHEN YOU BREAK IT DOWN, IT'S REALLY NOT THAT MANY VIOLATIONS WHEN YOU CONSIDER HOW MANY PEOPLE AND HOW MANY UNITS ARE THERE.
UM, IN SEPTEMBER, 2020, I UNDERSTAND THAT THERE WERE 24 BUILDINGS THAT HAD REPORTED ISSUES 10 MONTHS LATER, DESPITE COVID DESPITE WINTER STORM, DESPITE A FIRE, WE'RE DOWN TO 10 BUILDINGS THAT REMAIN OPEN.
UM, AND WE'RE WORKING THROUGH THOSE.
UM, WE ARE ASKING FOR A CONTINUANCE FOR 180 DAYS SO THAT WE CAN FINISH THIS WORK, UH, BASED ON THE EXHIBITS.
I THINK YOU'LL SEE HOW MUCH ATTENTION TO DETAIL HAS BEEN GIVEN AND HOW IMPORTANT OF AN ISSUE.
THIS IS ALSO BY THE FACT THAT WE HAVE FIVE REPRESENTATIVES HERE TONIGHT, UM, FROM THE OWNERSHIP SIDE AND FROM THE VALIANT RESIDENTIAL MANAGEMENT SITE AND CONSTRUCTION TEAM.
AT THIS POINT, I'M GOING TO ASK, UM, MR. STEVEN, BELLA WITH WAINER, OR, EXCUSE ME, PARDON ME WITH VALIANT, UH, CONSTRUCTION SIDE TOO.
IF YOU WOULD LIKE TO ADD A FEW COMMENTS, UM, TO ANYTHING THAT I MAY HAVE MISSED OR ANYTHING THAT HE MAY WANT TO ELABORATE ON.
UM, I'M STEPHEN WITH VALIANT, I'M A CONSTRUCTION MANAGER.
UM, I'VE BEEN WORKING THROUGH THESE ITEMS, UH, WITH OUR CONSTRUCTION TEAM, UH, SINCE WE'VE TAKEN OVER, UM, A LITTLE LOUDER IN REGARDS TO THE PERMITS THAT WERE LIFTED, MY CONSTRUCTION TEAM WAS NOTIFIED AT THE TIME THAT THEY WOULDN'T NEED PERMITS FOR THE WORK THEY ARE DOING.
CAN YOU HEAR ME NOW? YES, YES.
UM, GOING BACK TO THE PERMITS, UM, IN REGARDS TO THESE 320 PLUS ITEMS THAT WE'RE ATTEMPTING TO RESOLVE AT THE MOMENT, UM, MY CONSTRUCTION TEAM WAS UNDER THE IMPRESSION THEY WOULD NOT NEED TO PULL PERMITS FOR THESE AS THEY WERE INDIVIDUALLY, THEY WERE SMALL REPAIRS.
UM, WHEN THEY FOUND OUT THEY WOULD NEED TO PULL THEM, THEY WENT AHEAD AND APPLY FOR THEM, WHICH HAS TAKEN A SIGNIFICANT AMOUNT OF TIME TO GET THOSE PERMITS TURNED AROUND SO THEY COULD RESUME THE WORK.
A LARGE NUMBER OF THE CODE DEFICIENCY PERMITS THAT WERE LISTED WERE, UM, ASSOCIATED WITH AC CONDENSERS THAT WERE INSTALLED POSSIBLY LAST YEAR.
UM, THEY HAVE HAD TROUBLE TO GET THOSE ITEMS PERMITTED BECAUSE FROM MY UNDERSTANDING, THE ONSITE TEAM COULDN'T PULL PERMITS FOR THEM.
THEY NEEDED TO FIND THE ACTUAL INSTALLERS OF THE ACS TO PULL THEM AND THEIR HANDS HAVE JUST BEEN TIED ON THAT.
AND MOST TIMES, JUST BECAUSE OF THE NATURE OF GETTING THESE THINGS FIXED QUICKLY, WE INSTALL AC CONDENSERS AND PULL THE PERMITS AFTER THE FACT.
SO IF WE COULD JUST GET THE PERMITS WE NEED, WE'D GET THE REST OF THESE ITEMS TAKEN CARE OF AND PROBABLY 30 DAYS PENDING MATERIALS AND LABOR MR. BELL, THAT WOULD BE EXCLUDING THE FIRE BUILDING, OBVIOUSLY.
YEAH, THE CODE DEFICIENCIES FOR THE OTHER BUILDINGS ARE 180 DAYS WOULD BE MORE REASONABLE PENDING THE SHORTAGES
[02:30:01]
AND MATERIALS AND LABOR.AND JUST WITH HOW LONG THE PERMIT AND INSPECTION PROCESS HAS TAKEN RECENTLY, IS THERE ANYONE ELSE FROM YOUR TEAM WHO WOULD LIKE TO SPEAK? NO, I DON'T BELIEVE SO.
UM, I WOULD LOVE TO TURN TO THE COMMISSION FOR QUESTIONS.
I'D LIKE TO CLOSE THE, UH, THE OPEN HEARING AND, UH, UM, MOVE FORWARD.
UH, I THINK I WOULD LIKE TO ASK SOME QUESTIONS OF, OF STAFF AND, UM, AND THE PROPERTY REPRESENTATIVES.
I'M NOT QUITE READY TO CLOSE THE PUBLIC HEARING.
DO ANY OTHER COMMISSIONERS HAVE QUESTIONS OF STAFF OR THE PROPERTY REPRESENTATIVES? OKAY.
I HAVE ONE QUESTION WOULD BE, UH, OUR PROPERTY REPRESENTATIVES.
UH, THEY'RE AN ACCURATE PICTURE OF, UH, HOW THINGS ARE PROCEEDING.
IS THAT A QUESTION TO CITY STAFF? YES.
CAN YOU ADDRESS THAT? THEY HAVE BEEN, CAN YOU HEAR ME? YES, PLEASE.
CAN I HAVE, THEY HAVE MADE SOME REPAIRS AND, UM, LIKE I SAID, I WAS THERE TODAY AND SOME OF THESE ISSUES, THE LIFE SAFETY ISSUES CONTINUE TO REMAIN SUCH AS EXPOSED ELECTRICAL WIRING THAT, UH, UM, COULD HAVE EASILY BEEN TAKEN CARE OF A LONG TIME AGO.
UM, SO, UM, I THINK THAT, UM, A GREATER EFFORT CAN BE MADE TO TRY TO SECURE A LOT OF THESE ELECTRICAL INSTALLATIONS.
AND THEN A LOT OF THE, UH, THE JOISTS, YOU KNOW, THAT ON THIRD STORY FLOORS, ALONG WITH, WITH, UH, DETERIORATING BALLISTERS, AS YOU CAN SEE, I MEAN, UM, THERE'S PEOPLE LIVING THERE AND IT POSES A DANGER.
I HOPE THAT ANSWERED YOUR QUESTION.
WOULD YOU LIKE TO ADD SOMETHING? I JUST WANTED TO ASK THE MANAGEMENT, UH, ARE THERE, ARE THERE STILL PORTIONS OF THAT FIRE DAMAGED BUILDING THAT ARE OCCUPIED BY RESIDENTS? YES.
UH, PART OF THAT BUILDING DOES HAVE OCCUPANCY THE PORTION THAT WAS DAMAGED BY FIRE ON THE BACK SIDE OF THE BUILDING THAT, UM, MR. SARNA HAD SHOWN IS NOT OCCUPIED.
I MEAN, THAT'S A, TO ME, THAT'S A CONCERN THAT IF WE STILL HAVE THAT BUILDING OCCUPIED AND THOSE REPAIRS HAVE, UH, I MEAN, THE FIRE WAS IN DECEMBER AND IT DOESN'T LOOK LIKE ANY REPAIRS HAVE BEEN DONE.
SO IT JUST FEEL THAT'S PRETTY URGENT.
I ACTUALLY HAVE A FOLLOW-UP QUESTION ON THAT.
UM, SO THE PORTION OF THE BUILDING THAT IS OCCUPIED, DOES IT CURRENTLY HAVE APPROPRIATE MEANS OF EGRESS FOR THE OCCUPANTS, YOU KNOW, TWO, TWO WAYS TO GET OUT FROM THE UPPER FLOORS OR IS ANY OF THAT NO LONGER EXISTENCE BECAUSE OF, BECAUSE OF THE FIRE DAMAGE, IT DOES HAVE A SEPARATE ENTRANCE ON THE OTHER SIDE OF THE BUILDING.
IS IT JUST ONE ENTRANCE THOUGH? I MEAN, SPECIFICALLY MY CONCERN IS THE UPPER FLOORS.
DO THEY HAVE TWO WAYS TO GET OUT IN THE FIRE? OKAY.
BUT OTHERWISE I'D CERTAINLY AGREE WITH CHIEF FOCI THAT THERE ARE OTHER CONCERNS, YOU KNOW, ABOUT THIS BUILDING BEING COMPROMISED AND THAT IT, IT IS AN ONGOING, INCREASED RISK TO THE EXISTING TENANTS.
OH, I'M NOT GOING TO GUESS THE INTERVAL WON'T BE ON THIS.
ARE YOU TALKING WITH US? I'M SORRY.
I, I, I'M BRINGING UP, UM, UH, FOLLOW, UH, UH, UM, UH,
I HAVE A COUPLE OF QUESTIONS, UH, FOR THE PROPERTY REPRESENTATIVES AS WELL.
UM, I'M RATHER SHOCKED AT THE AMOUNT OF UN-PERMITTED ELECTRICAL AND MECHANICAL WORK.
IT'S NOT LIKE THIS IS JUST A QUICK LITTLE REPAIR.
I MEAN, AS IT WAS MENTIONED, THE HPAC
[02:35:01]
UNITS HAVE BEEN PLACED A METER BANK AND ENTIRE METER BANK ELECTRICAL METERS WAS PLACED.UM, YOU KNOW, THIS IS NOT JUST AN OOPS.
WE DIDN'T KNOW THERE WAS A PERMIT REQUIRED.
THIS IS LIKE, DID A LICENSED ELECTRICIAN EVEN DO THIS WORK.
SO THAT IS VERY CONCERNING TO ME BECAUSE I THINK ANYONE WHO IS LICENSED WOULD, WOULD KNOW AND WOULD BE ADVISING THE CLIENT THAT, HEY, NO, I NEED TO GET A PERMIT FIRST.
UM, OTHER THAN THAT, I DO UNDERSTAND THE FRUSTRATION WITH TRYING TO GET A PERMIT FROM THE CITY OF AUSTIN RIGHT NOW.
IT IS, IT IS ONLY GETTING WORSE, UNFORTUNATELY, AND I HOPE THAT THINGS GET RESOLVED IN THE NEAR FUTURE.
UM, AND THOSE ARE MY ONLY COMMENTS AND THOUGHTS RIGHT NOW, OTHER COMMISSIONERS.
WOULD ANYONE LIKE TO MAKE A MOTION OR YES.
COMMISSIONER STILL STEAD I HAVEN'T, I'M SURE AT THIS TIME I MOVED TO CLOSE THE PUBLIC HEARING AND ADOPT STAFF'S FINDINGS OF FACTS, CONCLUSIONS OF LAW AND RECOMMENDED ORDER.
UH, IS THERE A SECOND, SECOND? OKAY.
UM, I THINK MY, MY CONCERN TO BE, SO WE HAVE 10 ORDERS ADDRESSING FAIRLY SIMILAR CONDITIONS WITH THE EXTERIOR OF THE BUILDINGS AND THEN THE 11TH ORDER, WHICH SPECIFICALLY ADDRESSES THE FIRE DAMAGE TO BUILDING NUMBER 10.
AND SO I THINK I DID WANT TO GET A LITTLE BIT OF FEEDBACK FROM THE COMMISSION ON YOUR THOUGHTS ARE ON THAT.
I MEAN, MY ONE THOUGHT IS, YES, IT'S GOING TO TAKE LONGER TO REPAIR BUILDING 10, BUT IT'S ALSO MORE URGENT IN THAT IT IS IT'S, IT'S LESS SAFE THAN THE OTHER BUILDINGS.
SO PERHAPS STAFF'S ORDER IS A GOOD MIDDLE GROUND ON THAT.
ANY OTHER DISCUSSION CAN, CAN A PROPERTY, CAN, CAN THIS IS ROBERT BROWN.
CAN I ASK YOU A QUESTION? THE PUBLIC HEARING IS, IS, IS CLOSED.
IF A COMMISSIONER WOULD LIKE TO REOPEN IT, TO ASK YOU A QUESTION THAT COULD HAPPEN, BUT I'LL, I'LL LET THE COMMISSIONERS DECIDE IF THEY WANT TO DO THAT.
I WILL GO AHEAD AND CALL THE QUESTION FIRST.
SO THE, THE MOTION IS TO ADOPT STAFF'S RECOMMENDED ORDER ALL 11 ORDERS, WHICH IS TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS, REPAIR ALL VIOLATIONS WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED QUEST INSPECTIONS.
UH, ACTUALLY THE FIRST 10 ORDERS ARE LIKE THIS.
AND THEN ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK FOR THE BUILDINGS EXTERIOR, UH, FOR THE 11TH ORDER, WHICH WAS FOR THE FIRE DAMAGED UNITS ON BUILDING 10, EVERYTHING IS THE SAME, EXCEPT THOSE UNITS SHALL ALSO REMAIN VACANT AND SECURE UNTIL ALL REPAIRS ARE COMPLETE.
ALL IN FAVOR, I WILL GO THROUGH ROLL CALL ON THIS, UH, COMMISSIONER
ARE YOU IN FAVOR? UH, IT'S ALL YOUR SOME, BUT I DIDN'T HEAR YOU.
UH, COMMISSIONER, STILL STAND.
SELEK ARE YOU IN FAVOR? YES, I AM.
AND, UM, UH, I'M ACTUALLY NOT IN FAVOR CHAIR, BUT THE MOTION STILL PASSES.
IT'S SIX TO ONE SIX IN FAVOR, ONE OPPOSED.
SO, UM, THE ORDERS WILL BE MAILED OUT TO YOU AND IF YOU HAVE QUESTIONS, PLEASE GET WITH YOUR CODE OFFICER AND, UH, THEY WILL HELP YOU WORK THROUGH IT.
THANK YOU FOR YOUR TIME IN COMING TO TALK WITH US.
[02:40:01]
WHAT IF WE CAN GET PERMITS IN 45 DAYS, WE CAN'T GET PERMITS.YOU ALWAYS HAVE THE OPTION TO COME BACK AND TALK TO US.
THANK YOU FOR, UM, FOR YOUR TIME AGAIN, AND, AND GOOD LUCK TO YOU.
[7. Discussion regarding September meeting format]
ITEM NUMBER SEVEN ON THE AGENDA, UM, I DO WANT TO POINT OUT TO THE COMMISSION THAT THERE ARE A NUMBER OF STAFF REPORTS, WHICH ARE, HAVE BEEN PROVIDED AS WRITTEN UPDATES THIS MONTH, AND THEY ARE AVAILABLE IN THE READER.AND, UM, W WE'D LIKE TO CONTINUE DOING THESE AS WRITTEN UPDATES IN OUR READER, RATHER THAN TAKING STAFF TIME TO COME IN AND BASICALLY READ THE SAME MATERIAL TO US.
BUT IF WE HAVE QUESTIONS, WE CAN CERTAINLY ASK THOSE QUESTIONS AND GET THAT BACK TO THE STAFF MEMBER.
THEY CAN COME AND TALK TO US NEXT MONTH.
SO PLEASE DO TAKE A MINUTE TO LOOK AT THOSE STAFF UPDATES AND, UH, MR. ALI, WE READY TO MOVE ON TO ITEM NUMBER SEVEN.
SO ITEM NUMBER SEVEN IS BASICALLY I WANTED TO ALLOW YOU, I WANTED YOU TO HAVE THE OPPORTUNITY TO DISCUSS THE FACT THAT WE'RE RETURNING TO OUR IN-PERSON MEETINGS NEXT MONTH.
AND I'M SURE PEOPLE HAVE QUESTIONS.
I DON'T KNOW IF YOU'VE READ THE EMAILS FROM STEPHANIE HALL, UM, REGARDING, UH, HYBRID MEETINGS AND THE POSSIBILITY ABOUT RETURNING, BUT I JUST WANTED EVERYONE TO HAVE AN OPPORTUNITY TO TALK ABOUT THAT.
AND, UM, PER THE GOVERNOR'S ORDER, HE'S PUBLICLY INDICATED THAT HE HAS APPROVED A REQUEST FROM THE ATTORNEY GENERAL TO ALLOW THE TEXAS OPEN MEETINGS ACT TWO EXEMPTIONS TO EXPIRE ON AUGUST 31ST, WHICH MEANS THAT IF NOTHING CHANGES STARTING SEPTEMBER 1ST, ALL BOARD AND COMMISSION MEETINGS WILL BE OPERATING UNDER PRE PANDEMIC REQUIREMENTS, WHICH MEANS THAT, UM, THE PRESIDING OFFICER HAS TO BE WELL, THE COMMISSION, UH, FOR A HYBRID MEETING, THE, UH, THE COMMISSION OF QUORUM WOULD HAVE TO BE PRESENT.
I'M SORRY, A QUORUM OF THE COMMISSION WOULD HAVE TO BE PRESENT.
UM, AND IF YOU WERE TO REQUEST A HYBRID MEETING THAT WOULD HAVE TO BE REQUESTED WITHIN FIVE DAYS OF, UM, THE MEETING.
SO FIVE DAYS IN ADVANCE, AND I WOULD NEED TO KNOW THAT.
SO, UH, ANYWAY, I JUST WANT YOU TO DISCUSS IT.
I CAN ANSWER ANY QUESTIONS IF YOU HAVE ANY, AND I BELIEVE YOU EACH GOT EMAILS FROM THE CITY CLERK'S OFFICE ABOUT THESE HYBRID MEETINGS AND WHAT WAS COMING UP.
BUT LIKE I SAID, JUST TALK ABOUT IT AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.
I MEAN, TH THE GIST OF IT IS WE NEED TO HAVE A QUORUM IN PERSON NO MATTER WHAT.
AND IF WE'RE ABLE TO MEET A QUORUM, WE HAVE THE OPTION TO SAY, OKAY, WE COULD HAVE ONE OR TWO OR THREE, HOWEVER MANY COMMISSIONERS COULD ACTUALLY PHONE IN, BUT WE ALWAYS NEED TO HAVE AT LEAST SIX PEOPLE AT CITY HALL MOVING FORWARD.
UM, AND THEN THE OTHER KICKER TOO, IS THAT IF WE DECIDE TO ALLOW SOMEONE TO PHONE IN BEYOND THE QUORUM, THAT IS IN PERSON, WE NEED TO GIVE CITY HALL AT LEAST FIVE DAYS ADVANCE NOTICE SO THAT THEY CAN SET UP THE TECHNOLOGY FOR THAT.
SO, UM, I MEAN, I GUESS I'LL, I'LL START, I'M, YOU KNOW, I'M NOT CRAZY ABOUT IT UNDER THE CURRENT CONDITIONS, BUT I ALSO FEEL THAT, UM, I'VE DONE EVERYTHING I CAN TO PROTECT MYSELF.
AND I CERTAINLY APPRECIATE THAT MASKS ARE CURRENTLY REQUIRED ON CITY PROPERTY.
AND SO I'M, I AM WILLING TO SHOW UP IN PERSON IN, IN SEPTEMBER AND MOVING FORWARD.
SO, YOU KNOW, WHAT, WHAT DO OTHER COMMISSIONERS THINK ARE THERE, YOU KNOW, I DON'T WANT TO PUT ANYONE ON THE SPOT RIGHT HERE, BUT, YOU KNOW, IF ANYONE HAS STRONG OPINIONS AND BELIEFS, THAT THERE MIGHT BE A BETTER WAY, OR IF ANYONE, I THINK PROBABLY THIS IS MORE APPROPRIATE JUST TO ASK QUESTIONS AND, UM, YOU KNOW, WE DON'T NEED TO KNOW RIGHT NOW IF WE HAVE SIX PEOPLE WILLING TO DO THIS AGAIN, BECAUSE THEY DON'T WANT TO PUT ANYONE ON THE SPOT, BUT YEAH.
WELL, I UNDERSTAND THE IMPORTANCE OF MEETING IN PERSON, BUT IS THERE A WAY TO ALLOW FOR US TO SEEK AN EXEMPTION, TO HAVE A QUORUM AND MEET REMOTELY? NO, THAT'S NOT GOING TO HAPPEN.
UH, SO AT LEAST SIX OF THE COMMISSION MEMBERS HAVE TO BE IN PERSON UNLESS THE GOVERNOR CHANGES THE, THE, UM, UNLESS SOMETHING CHANGES RIGHT NOW, AT
[02:45:01]
LEAST SIX MEMBERS WOULD HAVE TO BE HERE IN PERSON.AND ALL, ALL OF THE PUBLIC WOULD HAVE TO BE IN PERSON AS WELL.
I ACTUALLY KIND OF LOVE DOING THIS REMOTE.
I MEAN, I DON'T KNOW ANY OTHER WAY.
I MEAN, I CAME ONTO THIS BOARD, UM, IN THE MIDDLE OF A PANDEMIC.
AND SO I DON'T HAVE THE EXPERIENCE OF WHAT IT'S LIKE TO MEET IN PERSON.
I FIND THAT IT'S ACTUALLY, I FIND THAT IT'S EASIER TO FOLLOW THE TESTIMONY AND I, AND I FEEL THAT THIS IS ALREADY A VERY, UM, POTENTIALLY CONFUSING FORMAT, ESPECIALLY FOR, YOU KNOW, RESIDENTIAL HOMEOWNERS TO TRY AND FIGURE OUT WHAT'S GOING ON AND BEING IN PERSON CAN CERTAINLY HELP WITH THAT.
SO I MISSED THE IN-PERSON MEETINGS, BUT I ALSO FEEL THAT WE ARE OFTENTIMES DEALING WITH A POPULATION THAT IS ELDERLY AND NOT IN THE BEST OF HEALTH.
AND SO IT PUTS THEM AT A HUGE RISK AS WELL TO COME AND TALK TO US IN PERSON.
I WAS JUST TO ASK SOMETHING ALONG THOSE LINES.
UM, I MEAN, ONE OF THE THERE'S THINGS THAT ARE PROBLEMATIC ABOUT THIS, I THINK I, I OFTEN FEEL LIKE THE PEOPLE COMING TO TESTIFY ARE AT A DISADVANTAGE BECAUSE WE CAN'T SEE THEM.
AND, YOU KNOW, THEY'RE JUST THESE VOICES THAT, YOU KNOW, THE TECHNOLOGY ISN'T ALWAYS WONDERFUL.
BUT ON THE OTHER HAND FOR AN ELDERLY, DISABLED PERSON, LIKE THE ONE GENTLEMAN WE HEARD FROM TONIGHT, IT MIGHT BE A LOT EASIER TO CALL IN THAN TO HAVE TO COME ALL THE WAY DOWN TO CITY HALL TO SHOW UP.
AND ESPECIALLY NOW WITH EVERY, YOU KNOW, I WONDER, ARE THERE ANY OPTIONS FOR, FOR ACCOMMODATING PEOPLE TESTIFYING OR DO THEY HAVE TO BE THERE ALL, ALL OF THE PUBLIC HAS TO BE IN PERSON? UM, YEAH.
I MEAN, I DO APPRECIATE AT LEAST THAT MASKS ARE REQUIRED ON CITY PROPERTY BECAUSE I WORK AT UT WHERE THERE IS NO SUCH REQUIREMENT AND, UH, BELIEVE ME, IT'S JUST LIKE, IT'S A MESS.
I'M JUST WAITING TO HEAR HOW MANY CASES WE HAVE.
UM, SO I'LL BE THERE WITH MY MASK ON COMMISSIONER GREEN.
THAT'S GONNA KNOCK ME DOWN FOR ABOUT ANOTHER EIGHT WEEKS AS FAR AS BEING ABLE TO GET AROUND.
SO NOT SURE HOW THAT'S GOING TO PLAY OUT IF I HAD TO COME BACK, I PROBABLY RESIGNED.
UM, AND, UH, YOU KNOW, I, I LOOK FORWARD TO HEARING WHAT LEGAL HAS TO SAY AND, UH, INTERPRETATION OF THE GOVERNOR'S ARE.
UM, SO THAT'S ABOUT WHERE I STAND ON IT.
UH, I DO LIKE THE IN-PERSON MEETINGS, UH, UH, THE COFFEE'S BETTER THAN WHAT I CAN MAKE AND, UH, UH, LOOK FORWARD TO SEEING THE GUYS, BUT, UH, I'VE BEEN, I'VE GOT A FRIEND THAT'S, UH, UH, BEEN VACCINATED AND IS RECOVERING, UH, FROM A BREAKTHROUGH CASE.
THANKS FOR SHARING AND AGREE WITH A LOT OF THOSE SENTIMENTS.
SO THE NEXT VIDEO IS SEPTEMBER 22ND AT 6:30 PM.
AND IT'S DOWN IN CITY HALL, AS OF, AS OF TODAY, IT'S SCHEDULED FOR CITY HALL AND I'M NOT SURE IF IT'S GOING TO BE IN THE BOARDS AND COMMISSIONS ROOM OR IN THE CHAMBERS.
UH, WE TYPICALLY MEET IN THE BOARDS AND COMMISSIONS ROOM.
I'LL HAVE TO CHECK THE CALENDAR AND SEE IF WE'RE STILL SCHEDULED FOR THAT ROOM.
AND PARKING IS AVAILABLE IN THEN BUILDING PARKING IS AVAILABLE AND YOU CAN HAVE YOUR PARKING VALIDATED, JUST BRING YOUR PARKING CARD UP TO THE, TO THE MEETING WITH YOU.
AND WE'LL, WE'LL VALIDATE THAT.
PARKING IS ACTUALLY PRETTY SLICK, BUT TRAFFIC AT SIX 15 IS PRETTY HORRENDOUS TOO.
ESPECIALLY FROM NORTHWEST HILLS TO GO DOWNTOWN, I GUESS I'LL HAVE TO LEAVE AT AROUND FOUR O'CLOCK.
I JUST WANTED TO REMIND YOU THE, ALL THAT WE HAVE LEFT THE MINUTES TILL THE END, SO WE CAN GET AN ANSWER TO WHETHER OR NOT WE CAN AMEND THEM BEFORE VOTING.
DO WE HAVE ANY MORE DISCUSSION ON NEXT SEPTEMBER'S MEETING OR WE'LL JUST WAIT AND SEE IF WE HAVE A QUORUM.
I THINK MY FEELING IS LET'S SEE IF WE HAVE A QUORUM AND IF WE DO, THEN I WOULD LOVE TO OFFER UP THOSE VIRTUAL SEATS AND DO A HYBRID MEETING, BUT WE HAVE TO GET TO SIX FIRST.
[02:50:01]
TO HAVE A FIVE DAY.UM, WE HAVE TO KNOW FIVE DAYS IN ADVANCE.
WE'LL HAVE TO CALL YOU SOONER AND DETERMINE IF WHO'S GOING TO MAKE QUORUM, YOU KNOW, WHO WILL BE ABLE TO BE IN PERSON.
I KNOW THE CHAIR AND, OR THE VICE CHAIR WOULD HAVE TO BE IN PERSON.
UM, SO YOU WOULDN'T HAVE THAT OPTION, UH, AT LEAST ONE OF YOU.
AND THEY ARE SUGGESTING THAT BOTH OF YOU BE HERE IN PERSON, IN CASE SOMEONE IS OFF DYESS.
UM, AND THEN BEYOND THAT, THE CITY STAFF COULD ALSO, UH, ATTEND REMOTELY.
IF, IF YOU'VE REQUESTED A REMOTE HEARING, IF YOU'VE REQUESTED A HYBRID MEETING, THEN CITY STAFF WOULD ALSO HAVE THE OPTION TO BE, UM, ONLINE.
I WOULD HAVE TO BE DOWNTOWN AND, UH, CTM WOULD BE HERE, BUT, YOU KNOW, THAT WOULD KIND OF BE UP TO THE COMMISSION, HOW YOU WANT TO DO THAT, WHO YOU WOULD LIKE TO HAVE PRESENT AS FAR AS STAFF WHO'S TEST PEOPLE WHO ARE TESTIFYING, IF YOU'D WANT THEM TO BE IN PERSON OR NOT.
SO I, I, UH, JUST FOR THE BENEFIT OF MY FELLOW COMMISSIONERS, I, I THINK I HAVE TO KNOW, I GUESS I HAVE TO LET YOU ALL KNOW NOW.
I MEAN, I HAVE A FIVE MONTH OLD DAUGHTER WHO OBVIOUSLY CAN'T BE, UM, CAN'T BE VACCINATED.
UM, NUMBERS NATIONWIDE ARE ABOUT WHERE THEY WERE BACK IN FEBRUARY NOW.
AND, UM, I, YOU KNOW, I DON'T KNOW EXACTLY HOW THE S DISTINCT TRAVELS, I DON'T KNOW IF YOU CAN CARRY HOME VIRAL PARTICULAR IN THEIR CLOTHES AND, AND, YOU KNOW, NOW IT WORKS, BUT WITH THE BREAKTHROUGH CASES AND SO FORTH THAT I, I CAN'T, I CAN'T IMAGINE ROUTINELY, UM, ATTENDING IN PERSON IN THE CIRCUMSTANCE WE FIND OURSELVES IN NOW.
UH, SO I, I DON'T WANT TO STATE FOR ALL TIME ON THE RECORD THAT I WON'T ATTEND, BUT, UM, BUT IT IS, IT IS A DIFFICULT, I DO FIND MYSELF A DIFFICULT CIRCUMSTANCE BECAUSE, UM, UH, YOU KNOW, OBVIOUSLY I DON'T WANT A FREE RIDE ON OTHER PEOPLE'S WILLINGNESS AND ABILITY TO ATTEND, WHICH IS TO SAY, LET YOU TAKE YOUR CHANCES, MAKING A QUORUM OF SEX, AND THEN I'LL, YOU KNOW, SHOW UP VIRTUALLY MONTH AFTER MONTH AFTER MONTH.
I DON'T THINK THAT WOULD BE FAIR.
UM, AND SO I MAY FIND MYSELF IN THE POSITION OF, UH, FEELING CONSTRAINED TO RESIGN MY COMMISSION, IF IT COMES TO THAT, I DO HAVE SOME ADDITIONAL THOUGHTS, BUT I, I DON'T KNOW THAT THEY'RE APPROPRIATE FOR THE PUBLIC FORUM.
AND I, I WONDER, UM, THIS HAS MAYBE A QUESTION FROM, IS JOHANNES IN TERMS OF, UH, IN TERMS OF ADDITIONAL THOUGHTS I HAVE AS TO WHAT OUR RECOURSE AS A COMMISSION MIGHT BE.
IS IT POSSIBLE FOR US TO GO INTO CLOSED SESSION WITHOUT POSTING FOR THAT IN ADVANCE TO SORT OF SEEK, UM, THE CITY ATTORNEY'S ADVICE ON SOME OF THAT, OR IS THAT SOMETHING THAT SHOULD REALLY BE ADDRESSED AT ANOTHER, IN ANOTHER MEETING WHERE WE POSTED OUR INTENT TO, TO GO INTO EXECUTIVE, UM, AND, AND I'LL LEAVE IT AT THAT.
SO THE QUESTION WAS, CAN WE GO INTO EXECUTIVE SESSION RIGHT NOW TO DISCUSS IT? YEAH, YEAH.
CAN WE GET SOME ADVICE FROM, FROM THE CITY ATTORNEY AS TO WHAT WE, AS A COMMISSION MIGHT DO IN RESPONSE TO THIS, UH, IN COMPREHENSIBLY FOOLISH ORDER? THANK YOU.
WILL WE NEED TO GET THE CITY'S ATTORNEY CITY ATTORNEY'S PERMISSION AND TO DO A CLOSED SESSION WITH YOU ALL? AND SO I THINK SINCE WE'RE NOT POSTED FOR THAT, RIGHT, THAT'S NOT SOMETHING WE'RE ABLE TO JUST HOP INTO YOU CAN'T, YOU CAN'T DO IT.
YOU CAN'T WAVE THE WAND AND SAY, GO INTO EXECUTIVE SESSION.
I, WE HAVE DONE IT ON A CASE IN THE PAST, UH, ON THE FLY, BUT IT WAS A CASE OBVIOUSLY THAT WAS POSTED FOR ACTION.
I MEAN, IN THIS CASE, WE WOULDN'T BE, UM, I MEAN, THE PURPOSE OF POSTING THAT WE WOULD BE GOING INTO EXECUTIVE SESSION ABOUT SOMETHING, THAT'S NOT A CASE THAT WE'RE NOT MAKING A DECISION ABOUT.
THAT JUST SEEMS KIND OF LIKE A WEIRD, I DON'T FOLLOW THE LOGIC OF THAT.
PLUS IF WE DON'T DO IT NOW, WE WOULD BE POSTPONED TO THE NEXT MEETING, WHICH WOULD BE PUTTING THOSE PEOPLE WHO ARE, YOU KNOW, HAVE A VALID CONCERNS ABOUT MEETING IN PERSON WOULD HAVE TO COME IN PERSON TO DO THAT.
SO THAT, UM, ALSO SEEMS RIDICULOUS.
WHAT DO YOU THINK, LAUREN, THAT'S A PUT YOU ON THE SPOT OR ANYTHING.
I MEAN, I'M NOT A LAWYER, SO I'M ALWAYS HAPPY TO SAY WHAT LAWYERS SHOULD DO, BUT, UM, I JUST, YOU KNOW, I, I, IT DOESN'T SEEM LIKE IT RISES
[02:55:01]
TO THE LEVEL OF MEETING THE CITY ATTORNEY'S APPROVAL TO HAVE THIS DISCUSSION RIGHT NOW.UM, OR IS THERE A WAY WE COULD RECEIVE SOME, I DON'T KNOW IF THERE, I MEAN, WE CAN'T TALK ABOUT IT ONLINE OR WE'RE HAVING A WALKING FORUM SO, WELL, THE COMMISSIONER'S STILL STARTED COULD CERTAINLY, YOU KNOW, POSE THE QUESTION TO CITY ATTORNEYS AND THEN WHATEVER IS KIND OF THE RESULT OF THAT DISCUSSION COULD BE DISTRIBUTED OUT TO THE COMMISSION THAT YOU HAD WITH ALL OF US BLIND.
CC'D IT'S NOT THAT WE DON'T DISCUSS IT OFF DIAS.
UM, NOW I DON'T KNOW IF THAT WOULD SATISFY EVERYONE, BUT, YOU KNOW, THE DISCUSSION COULD CONTINUE JUST NOT AS A GROUP, NOT WITH A QUORUM.
TO ME THAT DOESN'T, I THINK I DON'T WANT TO SPEAK FOR COMMISSIONER STOWE STAB, BUT I, I THINK HE WAS INTERESTED IN HAVING A CONVERSATION ABOUT POTENTIAL OPTIONS, WHICH, YOU KNOW, WHICH IS DIFFERENT THAN ASKING FOR LEGAL ADVICE.
UH, ONE, ONE DIRECTION FLOW OF INFORMATION.
UNFORTUNATELY WE DO NEED THE CITY ATTORNEY'S PERMISSION.
UM, AS THE CHAIR SAID, IF YOU WANT TO SEND YOUR QUESTIONS TO US, WE CAN DEFINITELY, UM, ANY QUESTIONS THAT YOU WANT TO SEND, WE CAN PREPARE GUIDANCE AND EMAIL THEM TO YOU ALL.
I DON'T HAVE A BETTER ANSWER FOR YOU ALL.
YOU COULD ALWAYS, YOU COULD ALSO SEND ME ALL THE QUESTIONS AND THEN I'LL FORWARD THEM TO LAUREN AND SHE CAN ANSWER THEM ALL AT ONCE AND I'LL SEND AN EMAIL TO EVERYONE THAT WORKS.
UM, AND I THINK A BIG PART OF THE CONCERN TOO, WAS JUST THAT WE WANT TO KNOW WHAT OTHER PEOPLE'S QUESTIONS ARE IF THEY'RE WILLING TO SHARE THEM.
UM, THIS IS COMMISSIONER
A HYBRID SOUNDS AMAZING BECAUSE THEN MAYBE PEOPLE CAN MAKE THE DECISION WHETHER TO STAY HOME OR COME IN, UM, BECAUSE THE DECISIONS ARE VERY DIFFICULT, UH, ESPECIALLY SINCE SOME PEOPLE ARE NOT ABLE TO GET VACCINATED.
SO, UH, COMMISSIONER OGUN BODHI, ONE OF THE CONCERNS ABOUT HYBRID MEETINGS IS THAT WE HAVE TO HAVE A QUORUM HERE IN CITY HALL, AND WE HAVE CURRENTLY NEXT MONTH, WE'LL HAVE EIGHT COMMISSIONERS WHO CAN SERVE.
WE'RE STILL DOWN A COUPLE OF COMMISSIONERS.
UM, SO I THINK WE'LL HAVE NINE NEXT, ACTUALLY NEXT MONTH WE'LL HAVE NINE POTENTIAL COMMISSIONERS WHO CAN SERVE.
SO IT WOULD STILL HAVE TO HAVE SIX PEOPLE HERE AT CITY HALL WOULD HAVE TO GUARANTEE THAT WE WOULD HAVE A QUORUM HERE AND THEN THREE PEOPLE EACH MONTH.
YOU KNOW, IF YOU DID CHOSE TO DO THAT, WE'D HAVE TO KNOW THAT, YOU KNOW, THERE WOULD BE AN OPTION FOR THREE PEOPLE TO BE AT HOME.
AND I THINK THAT'S BRILLIANT IF THE THREE PEOPLE, IT COULD BE FIRST COME FIRST SERVE AND FOR THE THREE PEOPLE THAT WOULD DECIDE TO APPEAR VIRTUALLY.
UM, SO I'LL BE THERE IN PERSON, UH, PERSONALLY.
SO THERE WILL, I'LL BE, THERE THERE'LL BE ONE OR TWO.
AND, AND I REALLY THINK WE'RE GOING TO END UP KIND OF SELF SELECTING JUST BECAUSE, YOU KNOW, A COUPLE OF COMMISSIONERS HAVE SAID THAT IT'S, IT'S KIND OF THIS, THIS IS THE LINE THAT THEY CANNOT CROSS FOR PERSONAL REASONS.
AND YOU KNOW, IT EITHER WE'RE GOING TO MAKE CORE.
AND, YOU KNOW, ONCE WE MAKE QUORUM AGAIN, I FEEL LIKE, SURE, ONCE WE HAVE THAT CORE, WE SHOULD OFFER UP THE OTHER SEATS TO BE VIRTUAL.
BUT YOU KNOW, IF WE DON'T OFFER THE SEATS UP VIRTUALLY, WE'RE STILL NOT GOING TO MAKE QUORUM.
SO MAYBE, UM, SHOULD WE HAVE A TIGHTER DEADLINE FOR PEOPLE NOTIFYING THE CITY, WHETHER THEY WILL BE THERE BECAUSE WE'RE BEING SORT OF CASUAL ABOUT IT, ESPECIALLY, I DON'T ALWAYS SAY WHETHER I'M COMING OR NOT, AND I TRY TO SHOW UP, SO MAYBE WE SHOULD NOTIFY SOMEBODY.
UH, I DON'T KNOW, A WEEK AHEAD OF TIME WOULD BE NICE.
WE WOULD NEED TO CONFIRM QUORUM PROBABLY A WEEK AHEAD OF TIME SO THAT,
[03:00:01]
UM, I THINK IT HAS TO BE WITHIN FIVE DAYS, WE HAVE TO NOTIFY CITY HALL, BUT THE SOONER, THE BETTER, IF WE COULD CONFIRM CORUM, THAT WOULD HELP.THIS IS A QUESTION MAYBE FOR THE LAWYERS TO CHEW ON AND GET BACK TO US ABOUT, BUT I WONDER ABOUT, UM, IF, UH, IF IT'S FAIR TO PEOPLE WHOSE CASES ARE BEING HEARD FOR, FOR THEM TO BE REQUIRED TO COME IN PERSON RIGHT NOW, UM, YOU KNOW, IS THAT UNDERMINING THEIR ABILITY TO REPRESENT THEIR CASE? SO I GUESS I I'D LIKE TO HEAR WHAT THEY THINK ABOUT THAT.
WE CAN LOOK INTO THAT AND GET BACK TO YOU ON THAT.
OR THERE, I WOULD SAY, OH YEAH, GO AHEAD.
I WAS GOING TO SAY, IS THERE ANYTHING ELSE YOU, LIKE, YOU STILL HAVE QUESTIONS.
HAD COMMISSIONERS SAY LIKE, SO, UM, I SHOULDN'T HATE TO LOSE, UH, COVERAGE FOR GREEN AND COMMISSIONERS DON'T STAT, SO I'M WILLING TO SHOW UP SO THAT THEY CAN COME IN VIRTUALLY.
WELL, THE, BOTH OF YOU GUYS OFFER SOME REALLY GOOD INSIGHTS, SO I HATE TO LOSE BOTH OF YOU GUYS.
I, UM, WELL, I I'M CERTAINLY SORRY.
I'M CERTAINLY WILLING TO, TO PROVIDE, UH, YOU KNOW, AS EARLY AS, AS POSSIBLE, UM, YOU KNOW, CONFIRMATION OF MY INTENTIONS EACH, EACH MONTH, UH, YOU KNOW, AT LEAST UNTIL MY DAUGHTER'S VACCINATED, IT'S PRETTY SIMPLE.
UM, I THINK I WAS APPOINTED TO THIS COMMISSION IN 2018, IF MEMORY SERVES AS KIND OF BEEN A BLUR, AND IF I'M NOT MISTAKEN, I DON'T BELIEVE I'VE MISSED A MEETING.
UM, AND I DO TRY TO TRY TO MAKE THIS A PRIORITY AND, YOU KNOW, SOMETIMES FOLKS HAVE CONFLICTS.
SO I DON'T MEAN THAT AS A COMMENT ON ANYBODY WHO HAS HAD TO MISS A MEETING, BUT, YOU KNOW, I, I, UM, UH, THEY THINK MY SERVICE HERE VERY SERIOUSLY.
AND, UH, UM, AND PERSONALLY, I, I THINK THAT THE IN-PERSON FORMAT IS, IS FAR MORE DESIRABLE FOR ALL THE REASONS WE'VE ALREADY DISCUSSED.
UH, YOU KNOW, WE'VE ALREADY SEEN A COUPLE OF PROPERTY OWNERS RAISE ISSUES ABOUT HOW THEY CAN'T SEE THE EXHIBITS, OR THEY DON'T FEEL LIKE THEY'RE ON EQUAL FOOTING.
UM, BECAUSE THEY'RE PARTICIPATING WITH BAY AUDIO AND WE ARE APPEARING BY VIDEO AND, YOU KNOW, THE IN-PERSON FORMAT IS JUST, IT'S JUST, IT'S JUST OBVIOUSLY BETTER.
ON THE OTHER HAND, WE'RE LIVING THROUGH A PUBLIC HEALTH CRISIS WITHOUT RECENT PRECEDENT.
UM, AND YOU KNOW, I WAS NEVER A GERMAPHOBE BEFORE THIS, YOU KNOW, I WAS ALWAYS, UH, AFFIRM, UH, PROPONENT OF THE FIVE SECOND RULE.
YOU KNOW, I FIGURED, YOU KNOW, EXPOSING MY, UH, MY SYSTEM TO, UH, TO, TO A COUPLE OF, UH, LOW DOSE PATHOGENS WOULD HELP BUILD UP THE ANTIBODIES AND WHATNOT.
UH, BUT, BUT FOR THIS ONE, AND I GUESS I'LL JUST GO AHEAD AND SAY IT, I MEAN, I'M NOT GONNA DO ANY HARM BY SAYING IT, BUT I THINK IT HAD, WE BEEN ABLE TO GO INTO AN EXECUTIVE SESSION.
I THINK WHAT I'D BE INTERESTED IN RAISING IS WHETHER MAYBE WE SHOULD JUST PURPORT TO HAVE A QUORUM VIRTUALLY, AND THEN LET EVERYBODY WHO'S UNHAPPY WITH OUR RULING, SUE US AS ONE TO ASK.
CAUSE THEN HE IS JUST HOW BIG A LOGISTICAL PAIN OF THE NECK THAT WOULD BE.
I'M SURE IT WOULD BE A HUGE PAIN IN THE NECK.
AND THE LAST THING I WANTED TO DO, UH, AS A COMMISSIONER IS MAKE THINGS HARDER ON, ON STAFF OR OBVIOUSLY THESE LAWYERS, BUT, UH, YOU KNOW, THAT THAT'S HOW STRONGLY I FEEL ABOUT IT.
I FEEL LIKE IT'S DUMB ENOUGH TO ORDER PEOPLE BACK IN THE, IN THE BUILDINGS RIGHT NOW THAT, THAT I WOULD BE TEMPTED TO SAY, ALL RIGHT, SUE US, YOU KNOW, CAUSE WE'RE, WE, WE PURPORT TO BE VIRTUALLY, YOU KNOW, DESPITE THE APPARENT SPIRIT AND LETTER OF THE GOVERNOR'S ORDER.
AND, UH, YOU KNOW, WE'LL WAIT FOR KIM PAXTON TO, YOU KNOW, DRAG US THROUGH THE STREETS.
BUT, UM, BUT ANYWAY, UM, YEAH, I WON'T BE THERE IN PERSON FOR AWHILE, BUT I WON'T, I DON'T HAVE ANY PRESENT TO INTENTION TO RESIGN EITHER.
I'LL TRY TO PARTICIPATE IN A HYBRID IF THAT'S A POSSIBILITY FOR AS LONG AS I CAN WITHOUT INCONVENIENCING MY FELLOW COMMISSIONERS.
AGAIN, I DON'T THINK IT'S FAIR FOR ME TO SIT AT HOME IN MY PLASTIC BUBBLE AND MAKE YOU ALL SHOW UP AND EXPOSE YOURSELVES TO, UM, THIS RISK JUST SO THAT I DON'T HAVE TO, BUT TO THE EXTENT THAT MY, MY SERVICE IS NOT INCONVENIENCING THE REST OF YOU, I'LL I'LL SERVE AS LONG AS I CAN.
UM, SO WE MOVE ON TO THE, UH, MINUTES.
[03:05:01]
UH, CAN WE HOLD IT, CAN WE WAIT IN A VOTE ON THE MINUTES NEXT MONTH? UM, YES, WE CAN WAIT.UM, IF YOU'D LIKE, OR WE CAN GO AHEAD AND, UM, AND THEN MINUTES THIS MONTH, IF WE'RE ABLE TO.
UM, I BELIEVE CHAIR, UM, MS. MULE, UH, COMMISSIONER MUELLER HAD A CONCERN ABOUT ONE OF THE ORDERS THAT WAS, AND I DON'T HAVE COPIES OF THOSE ORDERS IN FRONT OF ME.
I MIGHT BE ABLE TO LOOK ONE UP IF I KNEW WHAT THE ORDER WAS, SHE WAS CONCERNED ABOUT.
IT WAS THE ORDER FOR THE FIRST CASE ON THE, UM, LISTED IN THE MINUTES, 9,500 DESKTOP ROAD.
WE ADDED MORE INFORMATION ABOUT WHY WE WERE GIVING THEM THE SHORTER TIMELINE, UM, TO THE ORDER.
AND, UM, UH, PATRICIA LINK HELPED US CRAFT THAT LANGUAGE.
SO I DON'T KNOW IF SHE HAS IT IN FRONT OF HER, BUT I BELIEVE IT WAS THE LANGUAGE THAT WENT OUT WITH THE ORDER.
AND SO, SINCE IT WAS DIFFERENT, WE WEREN'T JUST ENDORSING.
I MEAN, WE, WE CHANGED THE ORDER SOMEWHAT AND WE ADDED THAT MORE SPECIFIC LANGUAGE.
SO IT SEEMED LIKE IT WAS WORTH RECORDING THAT IN THE MINUTES.
WOULD YOU BE AGREEABLE TO ME JUST EDITING THE MINUTES AND THEN BRINGING THEM BACK NEXT MONTH FOR A VOTE? THAT'S FINE.
UM, IF YOU WANTED TO PASS THEM, APPROVE THEM TONIGHT.
UM, COMMISSIONER MUELLER COULD JUST MOVE TO ADOPT THE MINUTES WITH AN AMENDMENT.
UM, WELL INCLUDE THE ADDITIONAL FINDINGS MAY ON THE CASES, UH, 2 9500 SL ROAD.
AND THAT WOULD BE SUFFICIENT TO HAVE THE MINUTES APPROVED THIS MONTH AND THEN WE WOULDN'T HAVE TO APPROVE THEM NEXT MONTH.
I'LL MAKE THAT MOTION THEN THAT WE APPROVE THE MINUTES WITH THE AMENDMENT TO THE FIRST ITEM TO REFLECT THE LANGUAGE THAT WAS ADDED TO THE ORDER.
DO WE HAVE A SECOND? OKAY, THANKS.
ALL RIGHT, I'LL GO AHEAD AND CALL THE VOTE.
UM, COMMISSIONER OR GUMBO DAY.
DO YOU APPROVE THE MINUTES? YES.
WITH THE AMENDMENT AS DISCUSSED? YEAH.
I DON'T HAVE MY LIST IN FRONT OF ME, BUT UH, I'LL.
DO YOU APPROVE THE MINUTES? YES, I DO.
COMMISSIONER SAY LIKE, DO YOU APPROVE THE MINUTES? YES, I DO.
AND COMMISSIONER MUELLER, DO YOU APPROVE THE MINUTES? YES, I DO THAT STATED.
AND COMMISSIONER THOMPSON, ARE YOU STILL WITH US? I HOPE IN THE MINUTES.
AND, UH, I WAS GOING TO APPROVE THE MINUTES, ALTHOUGH I WAS NOT HERE, BUT, UM, I'VE BEEN INFORMED THAT I CAN DO THAT.
I DON'T KNOW WHAT HAPPENS THEN WITH THE MINUTES.
DO WE JUST BRING THEM BACK OR DO WE JUST NEVER APPROVE THEM? I CAN BRING THEM BACK.
ARE WE MISSING SOMEONE? I THINK I'VE CHECKED OUT.
I RECOMMEND WE BRING THEM BACK.
I THINK IT TAKES TWO OF US TO ASK, TO BRING SOMETHING BACK.
I THINK IT, IT, I DON'T KNOW WHAT THE LEGAL EFFECT OF NOT HAVING MINUTES FOR A GIVEN MEETING IS, BUT I THINK WITH THE, WITH MORE PERSONNEL, WE COULD PROBABLY GET THEM APPROVED.
PERHAPS WE COULD FIND OUT WHY, WHY THEY WERE NOT APPROVED.
I, UH, I'VE, I'M ALL FOR BRINGING THEM BACK AND WE'LL TRY AND GET THEM APPROVED OR DISCUSS FURTHER AT NEXT MONTH'S MEETING AS WELL.
[FUTURE AGENDA ITEMS]
ITEMS FOR NEXT MONTH.IN ADDITION TO THE MEETINGS FROM THE JUNE, THE MINUTES FROM THE JUNE MEETING.
AND 7 2 0 2 AND 7 2 4, BUT THEY'RE AN AVENUE WE NEED TO COME BACK.
I HAVE A PROPOSED AGENDA ITEM, UH, AND I DON'T FEEL VERY STRONGLY ABOUT IT.
SO IF IT'S, IF OTHERS DON'T AGREE, I, YOU KNOW, I'M NOT, I'M NOT URGING THIS TOO FORCEFULLY, BUT IT'S ACTUALLY THE ONE THAT, UM, COMMISSIONER MILLER WAS
[03:10:01]
JUST MENTIONING.UH, I, I NOTICED WE WERE POSTED TO GO INTO CLOSED SESSION TO TALK ABOUT THE TESLA ROAD LAST MONTH AND WE DIDN'T, OBVIOUSLY WE DIDN'T HAVE A CORNER ON, AND THEN IT DIDN'T COME BACK.
UM, I KNOW THAT IT WAS GOING TO BE A HEARING ON THE CITY'S PLEAD TO THE JURISDICTION ON THE 30TH OF THIS MONTH IN TRAVIS COUNTY.
UM, AND I GUESS WE CAN ALL JUST FOLLOW THAT AND MY NEWSPAPERS, UM, TO THE EXTENT WE WANTED TO, BUT, BUT I WONDER IF IT WOULD BE NOT TOO GREAT AT AGAIN, PAIN OF THE NECK.
I DON'T WANNA, I DON'T WANT TO MAKE MORE WORK FOR STAFF THAN THEY ALREADY HAVE, BUT JUST FOR LEGAL TO KIND OF COME IN AND, AND, AND CHAT WITH US ABOUT, ABOUT WHAT'S GOING ON THERE.
SO, I MEAN, I GUESS I GATHERED FROM WHAT LAUREN JUST TOLD US.
WE HAVE TO, WE HAVE TO GET APPROVAL FROM THE CITY ATTORNEY TO DO THAT.
AND, AND, UH, BUT, UH, YOU KNOW, I, IT'S JUST SOMETHING I WANTED TO RAISE BECAUSE I WAS KIND OF CURIOUS TO HEAR WHAT WAS GOING TO GO ON IN THERE.
SO, SO BASICALLY ASKING FOR AN UPDATE ON THAT PROPERTY, WHETHER THAT, AND IF THAT NEEDS TO BE A CLOSED SESSION THEN TO PROVIDE, TO PROVIDE FOR THAT.
YOU WOULD ACCEPT AN UPDATE EITHER WAY WITH WHATEVER IS BEING TALKED ABOUT, YOU KNOW, NOT CONFIDENTIALLY.
IS THAT CORRECT? YEAH, THAT'S RIGHT.
UM, I WOULD BE OKAY WITH ADDING THAT TO NEXT MONTH AGENDA, ALSO AN UPDATE ON THE SONG ROAD.
AND LET ME MAKE SURE THAT THAT WAS THE 9,500 DESERT ROAD.
THAT'S THE CASE, IS THAT CORRECT? THAT'S RIGHT.
IT'S THE ONE THAT'S IN LITIGATION NOW, SO, OKAY.
AND WHAT YOU'RE ASKING FOR IS NOT SO MUCH, WELL, LET ME LET'S CLARIFY THIS TOO.
SO YOU'RE NOT ASKING FOR AN UPDATE ON THE STATUS OF THE PROPERTY.
YOU'RE ASKING FOR AN UPDATE ON THE STATUS OF THE LITIGATION, OR ARE YOU ASKING FOR AN UPDATE ON THE STATUS OF THE VIOLATIONS? KNOW, IT'S A GOOD QUESTION.
I HADN'T REALLY DIS-AGGREGATED THOSE IN MY MIND BEFORE PROPOSING IT.
UM, YOU KNOW, I HADN'T EXPECTED IT TO COME BACK, UM, ACROSS OUR DAYS, UH, AND WAS ACTUALLY STRUCK BY THE FACT THAT IT HAD BEEN INCLUDED, UM, LAST MONTH'S AGENDA.
AND, UM, BECAUSE OF THE NATURE OF SOME OF THE, UH, UH, PROPERTY OWNERS CLAIMS, UH, I WAS CURIOUS TO HEAR WHAT, UH, WAS GOING TO BE DISCUSSED IN THAT SESSION.
AND, AND, UH, AND SO WHEN, AND SO I WAS ALSO STRUCK WHEN IT WAS NOT INCLUDED ON THIS MONTH'S AGENDA.
AND SO, YOU KNOW, AGAIN, IF IT'S NOT OF INTEREST TO OTHERS, I MEAN, THE LAWYERS CAN HANDLE IT, I GUESS THERE'S, THERE'S NOT REALLY MUCH MORE FOR US TO DO.
UM, BUT YOU KNOW, TO THE EXTENT THAT THERE IS ANYTHING THAT WE CAN TAKE AWAY FROM THAT, THAT CASE, UM, YOU KNOW, IT MIGHT BE WORTH DOING MAYBE A CONVERSATION WITH HAVING, UM, WITH, WITH THE CITY ATTORNEY.
I THINK THIS IS PROBABLY PUSHING MORE TOWARDS A CLOSED SESSION TO GET AN UPDATE ON RIGHT FROM THE CITY.
ATTORNEY'S BECAUSE I, I DON'T KNOW, BECAUSE I DON'T KNOW MUCH ABOUT THIS CASE, BUT I DON'T, YOU KNOW, IF THERE ARE NO ACTIVE OR OPEN VIOLATIONS, I DON'T BELIEVE WE CAN BRING IT BACK FOR ANY REASON.
I THINK WHEN YOU PUT IT THAT WAY, RIGHT.
IF, IF CITY ATTORNEYS ARE ABLE TO PROVIDE US WITH AN UPDATE NEXT MONTH, WE WOULD APPRECIATE THAT.
IT'S NOT ABOUT THE CASE ITSELF.
IT'S NOT ABOUT THE VIOLATIONS.
IT IS MORE ABOUT THE LITIGATION THAT ARE ORDER RESPOND, THAT THAT IS OF INTEREST.
AND SO I GUESS THAT'S WHAT I'M SUGGESTING AS A POSSIBLE AGENDA ITEMS. OKAY.
WE'LL FIND OUT IF WE'RE ALLOWED TO DO THAT.
ANYTHING ELSE FOR NEXT MONTH? I WOULD SUPPORT THAT TOO.
WELL THAT MAKES AT LEAST THREE OF US.
SO ANYTHING ELSE, CHAIR? I WANTED TO BRING UP THE FACT YOU'VE TALKED ABOUT A RETREAT, BUT I THINK EVERYBODY WANTS YOU.
WHAT I RECALL BEING DISCUSSED WAS THAT YOU WANTED TO WAIT UNTIL YOU HAD A FULL COMMISSION AND YOU'LL HAVE STILL TWO UNFILLED SEATS NEXT MONTH.
UM, DO YOU WANT TO DISCUSS THAT? START TALKING ABOUT A RETREAT OR HOLD OFF A LITTLE LONGER.
SEE IF WE GET THOSE SEATS FILLED, YOU KNOW, A COUPLE OF MONTHS AGO I WOULD HAVE PUSHED AND SAID, YES, LET'S DO IT.
THAT SINCE THINGS HAVE CHANGED WITH COVID ALSO, UM, I DO THINK THAT A RETREAT IS EXTREMELY HELPFUL AND I'M REALLY ANXIOUS TO HAVE ANOTHER ONE.
UH, THERE, THERE IT'S REALLY, IT'S REALLY GOOD JUST TO GET KIND OF THE, TO COMPLETE THE PICTURE OF WHAT GOES ON HERE AND
[03:15:01]
REALLY BENEFICIAL.UM, BUT YOU KNOW, THE TIME TO HAVE THAT WOULD BE PROBABLY END OF OCTOBER, EARLY NOVEMBER.
AND I DON'T THINK WE'RE GOING TO BE COMFORTABLE MEETING IN PERSON.
AND I DON'T THINK WE COULD SIT AROUND FOR FOUR HOURS, BUT WE DO THAT OFTEN AND HE WANTS IT EVERY MONTH ANYWAY.
BUT YEAH, THAT WOULD BE TOUGH.
WE CAN PUT THAT OFF FOR A LITTLE WHILE.
WELL, I DON'T THINK I HAVE ANYTHING ELSE.
UM, DOES ANYONE ELSE, RIGHT? WELL, IF THERE'S NOTHING FURTHER, I ADJOURN THIS MEETING.
LET THE RECORD REFLECT THAT THE TIME IS 9:52 PM STAY WELL, EVERYONE, AND I WILL HOPEFULLY SEE SOME OF YOU IN PERSON NEXT MONTH AND THE REST OF YOU VIRTUALLY, BUT THANK YOU VERY MUCH.
THANK YOU, NIGHT, HUH?
HEY, ALL THE CHAIN GANG CONVICTED OF CRIMES.