[00:00:01]
[CALL TO ORDER]
EVENING EVERYONE.MY SCRIPT, I'LL GO AHEAD AND CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR MARCH 23RD, 2022.
UH, LET THE RECORD REFLECT THAT THE TIME IS 6:40 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 A QUICK REMINDER TO OUR COMMISSIONS AND SORRY, COMMISSIONERS REMOTING IN.
PLEASE TURN YOUR CAMERA ON AND KEEP IT ON SO THAT WE CAN MAINTAIN A CORUM.
WE DO HAVE FOUR OF US HERE IN PERSON.
SO IF YOU NEED TO STEP AWAY FOR A MINUTE, THAT WOULD PROBABLY BE OKAY.
UM, BUT YOU KNOW, IF YOU ALL STEP AWAY, WE'RE GOING TO BREAK QUORUM.
SO IF YOU FIND MY ROLL CALL LIST, ACTUALLY I'LL BEGIN WITH EVERYONE HERE.
WHO'S PRECEDENT IS PRESENT, UH, COMMISSIONER GUMBO DAY.
IF YOU COULD, USUALLY WE INTRODUCE OURSELVES.
SO I'LL LET YOU GO AHEAD AND INTRODUCE YOURSELF.
UM, COMMISSIONER
AND FOR THOSE OF YOU WHO ARE ONLINE, UH, WE HAVE, IF YOU COULD GO AHEAD, EDGAR HERRERA, EDGAR, ARE WE ABLE TO HEAR YOU? OH YEAH.
AND COMMISSIONER MUELLER PRESENT.
AND I BELIEVE I SAW A FIRE CHIEF, TOM VOKEY SPAM AROUND HERE.
THIS IS TOM BOOK, FIRE MARSHALL.
AND OUR VICE CHAIR, PABLO ABILA IS NOT WITH US THIS EVENING.
AND WE ALSO DO NOT YET HAVE COMMISSIONER WORDY THOMPSON.
HOPEFULLY HE WILL JOIN US SOON.
OR COMMISSIONER GREEN, JOHN GREEN.
WE DO NOT YET HAVE NEVER HEARD FROM JOHN GREEN.
I NEVER DID HEAR FROM JOHN GREEN, A WORDY THOMPSON IS HAVING CAR ISSUES AND HE MAY BE HERE LATE.
BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC 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.
I DON'T ACTUALLY SEE ANYONE HERE FOR, FOR CITIZENS COMMUNICATION.
UM, SO WE MOST LIKELY WILL NOT BE DOING THAT THIS EVENING.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER EIGHT CASES FROM FIVE DIFFERENT 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.
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, THE COMMISSIONS COORDINATOR, MELANIE ALLIE WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
AUSTIN CODE STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS.
WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM AND ASSUMED THAT WOULD BE OUT HERE THIS EVENING.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.
FIRST YOU OR YOUR REPRESENTATIVE MAY ASK THEIR WITNESSES.
QUESTIONS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN 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 ON WILL OUR DESIGNATED TIME KEEPER THIS EVENING.
AFTER YOU IN THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE AFTER THE COMMISSION MEMBERS ASK QUESTIONS.
I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE, BOTH SIDES.
AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES.
AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED.
[00:05:01]
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.
A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED WITNESSES, THIS EVENING WILL TESTIFY UNDER OATH.
SO ANY PERSON THAT WANTS TO, TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE WHO ARE REMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN THIS.
THIS WOULD INCLUDE, UH, PROPERTY REPRESENTATIVES, ANYONE WHO'S PLANNING TO SPEAK ON A CASE.
DO EACH OF YOU SWEAR OR AFFIRM THAT THE YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO GREAT.
AND FOR THOSE OF YOU ONLINE, JUST LET ME KNOW IF THERE WAS ANYONE WHO OBJECTED TO THE OATH.
OTHERWISE WE WILL ASSUME THAT YOU ALSO, UM, SAID I DO.
IF THERE'S NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING AND CHAIR,
[APPROVAL OF MINUTES]
BEFORE WE MOVE ON TO THE CASES, CAN WE GO AHEAD AND APPROVE THE MINUTES FROM THE FEBRUARY 23RD, 22 REGULAR MEETING, AS WELL AS THE REVISED APPROVED MINUTES FROM THE DECEMBER 8TH, 2021 MEETING, REGULAR MEETING.UM, WE TRIED TO THE APPROVED MINUTES FROM DECEMBER 8TH ARE MISSING SOME LANGUAGE IN ITEM NUMBER EIGHT AND THAT'S, THEY WERE INADVERTENTLY ADMITTED FROM THE RECORD.
SO THAT'S NOW BEEN CORRECTED, SO WE'D NEED TO VOTE ON THOSE AS WELL.
UH, DOES ANYONE FROM THE COMMISSION WANTS TO MAKE A MOTION REGARDING THESE MINUTES? MADAM CHAIR, I'LL MOVE TO APPROVE THE DECEMBER 8TH, 2021 MEETING MINUTES AND THE FEBRUARY 23RD, 2022 MEETING MINUTES.
IS THERE A SECOND? I'LL SECOND THAT, OKAY.
SO ALL IN FAVOR, SAY AYE, OR PERHAPS WAVE YOUR HAND IF YOU'RE ONLINE SO THAT WE CAN SEE THIS.
IT LOOKS LIKE COMMISSIONER GREEN HAS JOINED US AS WELL.
AND IS ANYONE OPPOSED? AND DID ANYONE ABSTAIN? OKAY.
THE MINUTES HAVE BEEN APPROVED.
AND UH, I, AGAIN, I DID NOT SEE ANYONE SIGNED UP FOR PUBLIC COMMUNICATION.
SO SHALL WE MOVE ON TO THE FIRST AGENDA ITEM? YES, WE SHOULD.
[1. Case Number: CL 2022-031759]
THE FIRST ITEM ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS CASE NUMBER CL 20 22 0 3 1 7 5 9.AND IS REGARDING THE PROPERTY LOCATED AT 16, 14 SUFFOLK DRIVE.
I'M JUST GOING TO GIVE, UH, MR. ROJAS.
I'LL GIVE YOU AN OPPORTUNITY TO COME AND SIT NEXT TO THE PODIUM AND I WILL TRY AND DO THIS BEFORE EACH CASE RIGHT THERE.
AND WHEN YOU PUSH THAT LITTLE BUTTON AND YOU'LL SEE A LIGHT, COME ON, THAT'LL TURN ON YOUR MICROPHONE WHEN IT'S, WHEN IT'S TIME FOR YOU TO TALK ABOUT THE CASE.
START OVER THE FIRST ITEM ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS CASE NUMBER CL 20 22 0 3 1 7 5 9.
AND IS REGARDING THE PROPERTY LOCATED AT 16, 14
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS A SINGLE FAMILY RESIDENTIAL STRUCTURE.
THE CASE WAS OPENED IN OCTOBER, 2019 REGARDING WORK WITHOUT PERMIT.
THE HOME IS CURRENTLY VACANT AND IS SECURE.
THERE ARE CURRENTLY NO ACTIVE PERMITS FOR THIS PROPERTY CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR AND YOUR GOOGLE DRIVE FOLDER OR READER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS EXHIBITS 2 83, 2 I AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR.
JOHN RODRIGUEZ IS HERE TONIGHT TO PRESENT THE PHOTOS IN THIS CASE MARKED AS EXHIBITS TWO EIGHT THROUGH TWO.
I AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED INSPECTOR RODRIGUEZ, PLEASE BEGIN YOUR TESTIMONY.
I'M A GOAT OFFICER WITH THE CITY
[00:10:01]
OF AUSTIN AND ASSIGNED TO PRESENT THIS CODE VIOLATION CASE FOR THE PROPERTY LOCATED AT 1614 SUFFOLK DRIVE.THIS IS A SINGLE FAMILY HOME LOCATED IN THE WINDSOR PARK NEIGHBORHOOD AND NORTH CENTRAL AUSTIN.
THE TRAVIS COUNTY APPRAISAL DISTRICT INDICATES THIS HOME WAS BUILT IN 1984.
THE PROPERTY HAS HAD SOME MAINTENANCE WORK DONE, BUT AS, AS OF TONIGHT STILL REMAINS IN A SUBSTANDARD STRUCTURAL CONDITION.
AND OCTOBER, 2019, THE CODE DEPARTMENT RECEIVED THE FIRST CASE, UH, FOR THIS PROPERTY, FOR THE FOLLOWING COMPLAINT FOR WORK BEING PERFORMED WITHOUT PERMIT AN INITIAL INSPECTION WAS CONDUCTED ON OCTOBER 1ST, 2019 AND INSPECTOR ANTHONY RAINEY CONFIRMED THAT THE STRUCTURE WAS VACANT AND RENTER RENOVATIONS WERE BEING PERFORMED AT THE PROPERTY WITH NO PERMITS ON FILE.
ON OCTOBER 2ND, A STOP WORK ORDER WAS ISSUED FOR THE PROPERTY UNTIL THE APPROPRIATE PLANS AND PERMITS WERE OBTAINED BY THE, FROM THE DEVELOPMENT SERVICES DEPARTMENT ON AUGUST 10TH, 2020, A FOLLOW-UP INSPECTION WAS PERFORMED AND FOUND THE PROPERTY TO BE IN VIOLATION OF CITY CODE 10, 5 21 FOR TALL WEEDS AND GRASS AND UPDATED NOTICE OF VIOLATION WAS SENT TO THE PROPERTY OWNER ON THE NEXT DAY, AUGUST THE 11TH AND THE NOTICE WAS POSTED TO THE PROPERTY ON AUGUST 13TH, 2020 ON AUGUST 28TH, SUPERVISOR MOSES RODRIGUEZ PERFORMED A FOLLOW-UP INSPECTION AND FOUND THE PROPERTY TO STILL BE IN VIOLATION OF CITY CODE 10, 5 21, TALL WEEDS AND GRASS.
HE ISSUED AN ADMINISTRATIVE CITATION ON THE SAME DAY, AND THIS CITATION WAS PRESENTED TO THE ADMINISTRATIVE HEARING OFFICER ON OCTOBER 14TH, 2020, THE HEARING OFFICER BRAD NORTON FOUND THE PROPERTY TO BE LIABLE FOR FAILURE TO MAINTAIN THE PROPERTY IN A SAFE AND SANITARY CONDITION.
DURING THE LIFE OF THIS CASE, THERE'VE BEEN SEVERAL EXTENSION REQUESTS GRANTED TO THE PROPERTY OWNER TO OBTAIN PERMITS FOR THE STRUCTURAL VIOLATIONS.
BUT AS OF TONIGHT, NO PLAN REVIEW OR PERMITS HAVE BEEN OBTAINED.
THE STRUCTURAL VIOLATIONS REMAIN AT THE PROPERTY FOR A DILAPIDATED ROOF AND ROOFING SYSTEM AT THE REAR OF THE PROPERTY DAMAGE AND MISSING EXTERIOR WALLS DAMAGED AND DETERIORATED FACIAL BOARDS AND A BROKEN AND MISSING WINDOWS.
I WILL NOW TAKE YOU THROUGH THE PHOTOS TO A, THROUGH TO I, UH, TWO WAYS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY, UH, FROM THE RIGHT OF WAY.
NEXT SLIDE PLEASE TO BE IS ANOTHER CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY.
THERE'S THE FRONT ENTRANCE WITH THE LAST NOTICE THAT WAS POSTED THERE AND THE MISSING SIDING.
UH, THAT'S BEEN BOARDED UP WITH PLYWOOD AND THEY'RE MISSING A FRONT WINDOW ALSO.
THAT'S BEEN BOARDED UP THERE ON THE RIGHT SIDE.
UH, SO CLOSE A VIEW OF THAT MISSING SIDE AND THAT'S BEEN, UH, PATCHED UP WITH THE PLYWOOD.
UH, THIS IS A, UH, CONTEXTUAL PHOTO OF THE REAR OF THE PROPERTY FROM, UH, BIRKMAN DRIVE.
UH, THIS IS SHOWING THE MISSING, UH, REAR WINDOW AGAIN THERE ON THE LEFT AND THE DAMAGE AND MISSING REAR WALL AND ROOFING SYSTEM ALSO ON THE RIGHT SIDE OF THE PICTURE.
AS A CLOSE-UP OF THE, UH, REAR FACIA BOARD, THAT'S MISSING AND DAMAGE, UH, AT THE REAR OF THE PROPERTY, EXCITED, PLEASE IS A CLOSEUP OF THE, UH, MISSING WINDOW GLAZING THERE AT THE REAR.
UH, THAT'S BEEN BOARDED UP, I PLEASE IT'S A PHOTO, UM, FROM THE RIGHT WAY, THEY'RE SHOWING THE, UH, MISSING REAR WALL THAT'S BEEN BOARDED UP AND THE EXPOSED, UH, ROOFING SYSTEM AS WELL.
EXIDE IS A CLOSEUP OF THAT, UH, OPENED AND ASSESSABLE ROUTE ROOFING SYSTEM WITH THE RAFTERS EXPOSED THERE AND THE MISSING, UH, FACIAL BOARD ALSO AT THE REAR OF THE PROPERTY.
NEXT SLIDE PLEASE, UH, AS A CLOSEUP VIEW OF THAT WALL THAT WAS MISSING, THAT'S BEEN DEMOED OUT AND HAS SINCE BEEN SECURED WITH, UH, THE PLYWOOD THERE AT THE REAR OF THE PROPERTY.
UH, THIS CONCLUDES MY PRESENTATION, UH, I'M AVAILABLE FOR ANY QUESTIONS.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO.
I STAFF ALSO THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS
[00:15:01]
TO REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FOUR ON THE 46TH DAY, IF 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 REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE AND FOR SHELL OR CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.I'LL GO AHEAD AND ADMIT STAFF EXHIBITS ONE AND TWO A THROUGH TWO I AND MR. ROJAS, IF YOU WOULD LIKE TO INTRODUCE YOURSELF AND TELL US WHAT'S GOING ON.
UM, AS YOU CAN SEE HIM, WE'VE BEEN TRYING TO GET WITH A COMPETITIVE AND REALLY GOOD SET OF DESIGNS.
AND WE HAVE CHANGED THE SCIENCE THROUGHOUT THESE VERY WHOLE AND ON TIME.
AND INITIALLY WE WANTED TO, AND DUPLEX HOUSE, WE THOUGHT HE WAS KIND OF TIGHT FOR THE PARKING SPACE IN THE DRIVEWAY HOME WHERE KIM BERGMAN, THEN WE CHANGED ENTIRELY THE DESIGN TO ONE MAIN HOUSE.
AND AT SOME POINT I WAS KIND OF WORRIED ABOUT THIS HOUSE WOULD ALLOW US TO RECOVER THE INVESTMENT.
SO WE DECIDED AFTER THE COVID AND EVERYTHING, I'M NOT TRYING TO GIVE AN EXCUSE.
AND I KNOW IT'S BEEN A VERY LONG TIME, BUT SINCE LATE 2021, WE DECIDED TO DO A HOUSE WITH A CASITA IN THE BACK.
AGAIN, OUR HESITATION WAS ABOUT NOT HAVING A DRIVEWAY ON SOFTBALL, AND WE REQUEST A CONCEPT FROM THE DEPARTMENT OF TRANSPORTATION, PUBLIC WORKS DEPARTMENT, TO SEE IF WE WOULD BE ALLOWED TO HAVE A DRIVEWAY IN THE FRONT OR SO FORTH ON, WE STARTED THE REQUEST ON FEBRUARY, ON JANUARY THE 25TH AND ON, AND WE REALIZED WE COULDN'T DO IT ON, UM, FEBRUARY THE 10TH.
THEY SAID THAT IF WE WOULDN'T DO AN ADDITIONAL HOUSE AND ADDITIONAL RESTRUCTURE, TOTALLY INFRASTRUCTURE INDEPENDENT, WE WOULDN'T BE ALLOWED TO HAVE THE FRONT AND DRIVEWAY ON SOUTH FORK.
THEN WE CHANGED THE PROJECT COMPLETELY PRESENTED TO OUR REALTOR TO, FOR THIS COURSE TO DISCUSS IT, TO SEE IF IT'S AN M AND A STRONG AND DESIGN MODIFICATION WE WERE TOLD NOT TO.
AND THEN WE CHANGED THE PROJECT AGAIN, AND WE FINALLY HAVE THE FINALIST SCHEME THAT WE ARE GOING TO WORK WITH, AND THAT WE'RE GOING TO SUBMIT PLANS.
THAT IS GOING TO BE THE MAIN HOUSE WITHIN EDITION IN APARTMENT, APARTMENT, APARTMENT GARAGE, OVER THE TWO CAR GARAGES THAT WE'RE GOING TO BE HELPED.
I APOLOGIZE BECAUSE THERE'S NO SENSE.
AND THERE'S NOTHING TOO THAT CAN GIVE A WHOLE EXPLANATION OF WHAT HAS THIS TAKING SO LONG, BUT WE ARE IMPLEMENTING THE CORRECTIONS AND WE HAVE ALL WE HAVE NOW FULL CONVICTION ABOUT SUBMITTING THE PERMIT WITH THIS KIND OF DESIGN.
SO I ASKED FOR A LAST OPPORTUNITY AND IN THERE NOTICE THAT, UM, WE'RE GOING TO FINALLY GET TO THIS.
UM, YOU, YOU ARE THE PROPERTY OWNER.
AND DO YOU HAVE ANY QUESTIONS FOR, UM, INSPECTOR OF RODRIGUEZ? NO, I, AGAIN APOLOGIZE.
DO WE GIVE HIM RATHER, RATHER THAN OUR LACK OF EFFICIENCY? OKAY.
WELL, I'D LIKE TO SEE IF MY FELLOW COMMISSIONERS HAVE QUESTIONS FOR YOU OR FOR INSPECTOR RODRIGUEZ AND, UM, WE'LL GO FROM THERE.
[00:20:01]
UM, HELLO.I KNOW THAT YOU CHANGED YOUR PLAN RECENTLY.
UM, IT SOUNDS LIKE AT THE END OF JANUARY, IS THAT CORRECT? YES.
I MEAN, WE HAVE, DON'T LIKE FOUR OR FIVE DESIGNS, AND FINALLY WE HAVE ONES THAT WE FEEL AS STRONGLY CONVINCED ABOUT HIM.
THERE IS NO EXPLANATION FOR THE CHANGES RATHER THAN INSECURE INSECURITY.
AND WHERE ARE WE GOING TO LIST IN THE MARKET IN THAT POINT BECAUSE OF THE HIGH TRAFFIC EMBARRASSMENT.
BUT ANYWAY, THERE'S NO REASON FOR US TO TAKE SO LONG RATHER THAN A LACK OF EFFICIENCY.
DO YOU HAVE A TIMEFRAME NOW? FULL COMPLETION? YES, WE HAVE.
SO WITH THIS, I'M GOING TO AND GET THE STRUCTURE OF THE SCIENCE AND WE WON'T, WE WILL AROUND TWO MONTHS TO GET READY TO SUBMIT AND WHATEVER IT TAKES FOR THE CITY TO, TO APPROVE WE'LL PAY, WE WILL PAY THEM EXPEDITED PLAN REVIEW IN ORDER TO GET THIS FASTER.
THANK YOU, COMMISSIONER FRANCIS.
SO IN 60 DAYS, YOU'RE GOING TO HAVE PLANS TO SUBMIT TO THE CITY.
FULLY SET ARCHITECTURAL DRAWINGS, ALL YOUR ENGINEERING WORK.
SO WHEN DID HE SEND THAT? I HAVE, I CAN SEND HIM, THIS, CAME TO THE INSTRUCTIONAL AND I HAVE THE BASE FOR THEIR CONTEXTUALS.
ANY OF THE COMMISSIONERS ONLINE? DO YOU HAVE QUESTIONS FOR MR. ROJAS OR FOR INSPECTOR RODRIGUEZ EITHER? UM, I HAVE A QUESTION.
I'M TRYING TO FIND THE ORDER AND SEE WHAT STAFF'S RECOMMENDATION WAS IN TERMS OF TIMELINE.
STAFF HAS RECOMMENDING 45 DAYS TO COMPLETE ALL REPAIRS.
AND SO THE PROPERTY OWNER WHO JUST TESTIFIED, SAID IT WOULD TAKE TWO MONTHS BEFORE THEY WOULD EVEN SUBMIT FOR THE APARTMENTS.
WHY WILL IT TAKE YOU THAT LONG? I THOUGHT YOU SAID YOU HAD SOME PLANS NOW BECAUSE I'M RELYING ON THE STRUCTURAL ENGINEER TO GET THIS LAST M SKIM AND READY FOR, FOR, TO MEET THE FOUR PLANTS WHO MADE IT OUT TO THE CITY FOR PERMITS, PERMITS, MIRO.
SO YOU NEED THAT REPORT BEFORE YOU CAN SUBMIT YOUR, UM, PERMIT REQUEST.
BECAUSE THERE'S GOING TO BE IN ADDITION TO THE EXISTING STRUCTURE AND THAT'S.
AND YOU BASICALLY SAID YOU DIDN'T HAVE ANY REASON FOR THE DELAY.
I MEAN, THERE ARE PERSONAL REASONS THAT I, I MEAN, IT, IT WOULD BE UNPROFESSIONAL FROM MY SIDE TO, TO TELL YOU, YOU KNOW, SO THERE'S NO, ANY PROFESSIONAL REASON RATHER THAN A LACK OF EFFICIENCY FROM OUR SIDE, FOR WHICH I REALLY APOLOGIZE.
AND I UNDERSTAND THIS BEEN A TERRIBLE WASTE OF TIME, WASTE OF TIME FOR CODE ENFORCEMENT TO GET TO THIS POINT AND FOR YOU.
ANY OTHER QUESTIONS FROM THE COMMISSION MANAGER? YES.
COMMISSIONER FRANCIS, MR. OFFICER RODRIGUEZ IS THE PROPERTY SECURE IT'S PROPERTY IS SECURED.
THE STRUCTURE ITSELF IS, UM, THERE IS A DRIVEWAY ON BIRKMAN THAT'S, UH, IT DOES HAVE A FENCE, BUT IT'S BEEN OPEN.
UM, IF THEY'VE STRUCTURE, WHICH ITSELF WAS ACCESSIBLE, WE WOULD HAVE THAT CLOSE AS WELL.
[00:25:01]
A DRIVEWAY AND THE PROPERTY, OR THE STRUCTURE ITSELF IS SECURE, IT WOULD BE CONSIDERED SECURE AT THIS POINT.THANK YOU, COMMISSIONER ALGOMA DAY.
UM, I DON'T HAVE ANY OTHER QUESTIONS.
UM, I WOULD MOVE TOO CLOSE TO THE PUBLIC PART OF THE HEARING.
UNLESS ANYONE OBJECTS, UM, THE PUBLIC HEARING IS SO CLOSED AND, UM, THOUGHTS.
JUST THOUGHTS ON WHAT'S GOING ON.
I BELIEVE WE'VE HEARD EVERYTHING AND THE OWNER, ONE OF THE MEMBERS OF THE LLC HAS BEEN VERY FORTHRIGHT WITH US IN THAT THE WAY OTHER FACTORS INVOLVED, BUT GENERALLY SPEAKING, UM, THEY JUST DIDN'T HAVE THE EFFICIENCY GOING AT THEIR END.
SO, UM, MY THOUGHTS ARE THIS TASK RECOMMENDATIONS IN REASONABLE, CONSIDERING THAT THIS HAS BEEN GOING ON SINCE OCTOBER OF 2019.
UM, AND SO FAR WE DON'T HAVE A TIME DEFINITE OR A DEFINITE TIMEFRAME FOR THE COMPLETION.
SO I WOULD LIKE TO MAKE A MOTION TO, UM, AFTER THE COMMENTS OF THE OTHER COMMISSIONERS, OF COURSE, TO ACCEPT THE RECOMMENDATIONS OF STAFF.
AND I THINK THAT WILL INCENTIVIZE THE OTHER MEMBERS OF THE LLC POSSIBLY TO MOVE THIS PLAN ALONG.
THAT WAS THE SECOND FROM COMMISSIONER STILL SAID, OKAY, I THINK YOU, YEAH, YOU DID ACTUALLY MAKE A MOTION AND WE CAN CONTINUE TO, TO DISCUSS, UM, HERE'S A MOTION SECOND ON THE FLOOR.
SO WE WAIT, WE CAN CONTINUE TO DISCUSS THE MOTION.
AND THE SECOND THAT ARE ON THE FLOOR BEFORE WE VOTE ON IT, YOU LOOK LIKE YOU DON'T APPROVE OF THAT ORDER.
I GUESS, SINCE THE PROPERTY IS SECURE AND LOOKING AT THE PHOTOS, IT DIDN'T SEEM TO BE MY NOVICE PRESSURE, THAT HEALTH AND SAFETY ISSUE IMPENDING.
WOULD THAT BE AN ACCURATE STATEMENT OFFICER? LIKE THE HOUSE IS GOING TO FALL DOWN? NO, I WOULDN'T SAY THAT.
AND JUST A FIRST-CLASS THAT IF, IF THE GOAL IS TO ACTUALLY BRING A FULL SET OF WORKING PLANS TO PERMITTING, TO PROCESS THAT, AND THAT COULD BE SHOWN WITHIN 60 DAYS 45 1 TO SHORTEN IT, IT COULD BE DONE ON IT.
IF IT WAS EXPEDITED, THAT THAT WOULD BE THE MOTIVATION TO MOVE FORWARD WITH DOING WHAT THE SPEAKER HASN'T IMPLIED IS GOING TO OCCUR AND PUT THAT AS THE STOP ON THAT.
SO AMENDING THE SECOND TO THE NUMBER TWO, WHICH IS ON HERE, SAYS REPAIR ALL, BUT THAT WE WOULD REPLACE THAT WITH, UM, ALL NECESSARY PERMITS WOULD HAVE TO BE PULLED, APPROVED PLANS WOULD HAVE TO BE PROVED, PROVIDED TO CODE.
OH, SO I'M NOT ENTIRELY CLEAR.
YOU SUGGESTING THAT WE AMEND THE TIMEFRAME OR, WELL, THE MOTION IS I'M TRYING TO AMEND THE EMOTION OR AT LEAST THROW THAT OUT THERE TO SAY, INSTEAD OF ALL REPAIRS OR PARALLEL SIDE OF VIOLATIONS WITHIN 45 DAYS, THAT'S NOT REALLY THE SCOPE OF WHAT THE SPEAKER HAS SAID IS WE'RE NOT GOING TO DO REPAIRS.
WE'RE GOING TO DO A FULL-SCALE PROJECT HERE.
IS THAT MY INTERPRETATION? CORRECT.
IF THAT'S IN FACT THE CASE THEN PERHAPS PROVIDING SOME TIME TO ALLOW THAT TO OCCUR WOULD BE APPROPRIATE.
THAT'S JUST THE THOUGHT THAT PRIOR TO INSTITUTING THE PENALTIES, BECAUSE IT'D BE EASY FOR THAT TO COME BACK AND SAY, OKAY, YOU GOT A 60 DAY HARD STOP.
IF IT DIDN'T HAPPEN IN 60 DAYS, IT COMES BACK HERE THEN IT'S NO, ACTUALLY WHAT, WHAT WOULD HAPPEN IN THE, SO ON THE 46 STATE, IF WE DO DECIDE TO ADOPT STAFF'S RECOMMENDED ORDER, ALL THAT HAPPENS ON THE 46TH DAY IS THE PENALTIES BEGIN TO ACCRUE.
SO THE BELLIES WITHIN KICK IN, IF THEY DON'T PROVIDE THE DOCUMENTATION THAT IN FACT THE PROJECT, NO, IF WE, IF ADOPT THEIR ORDER, THEY WOULD, THEY WOULD KICK IN.
THEY WOULD KICK IN IF ALL REPORT I'M FLOUNDERING.
SO HELP ME OR MY, MY, MY THOUGHT IS, YOU KNOW, CAN YOU HIT THE PAUSE BUTTON AND SAY, OKAY, WELL LET'S, LET'S GIVE THE, THE CITIZEN THE TIME TO MAKE HAPPEN.
WHAT THEY'VE IMPLIED IS GOING TO OCCUR BEFORE THE HAMMER DROPS.
DOES THAT MAKE SENSE? THAT DOESN'T MAKE SENSE.
THE OTHER ONES WHERE YOU'RE HEADED.
[00:30:01]
OKAY.UM, DO WE WANT TO DISCUSS FURTHER BEFORE DISCUSSING AMENDING IT, THE, THE MOTION THAT'S ON THE TABLE OR ARE YOU GOING TO ACTUALLY AMEND THAT RIGHT NOW? I HAVE A QUESTION.
I'M SEEING MULTIPLE HANDS, UH, COMMISSIONERS SAY LIKE, GO AHEAD.
I HAVE ACTUALLY A COUPLE OF QUESTIONS WE HEARD FROM THE APPLICANT, BUT SINCE 2019, THEY'VE CHANGED THE DESIGN SEVERAL TIMES AND THEY RECOGNIZE THEIR INEFFICIENCY AND APOLOGIZE FOR THAT.
BUT WHAT I DIDN'T HEAR WAS ONCE THEY PUT IN ALL THE NECESSARY PAPERWORK, THERE WAS NO PLAN BEYOND THAT.
WE HAVE NO IDEA HOW LONG IT'S GOING TO TAKE.
AND SO I DON'T FEEL COMFORTABLE GIVING THEM MORE TIME WITHOUT ANY KIND OF REAL PLAN TO MAKE THIS STRUCTURE OR HABITABLE.
AND RIGHT NOW I THINK IT'S, IT'S QUESTIONABLE, WHETHER IT CAN MAKE THIS PROJECT WORK, GIVEN THEIR TRACK RECORD, UM, AT THIS SINCE 2019.
SO I UNDERSTAND WHAT THE PREVIOUS SPEAKER WAS SAYING THAT WE SHOULD AMEND IT, BUT I THINK WE NEED TO VOTE ON THE MOTION THAT'S ON THE FLOOR AND IF IT FAILS, THEN WE CAN AMENDMENT.
I THINK WE WOULD STILL LIKE TO DISCUSS THE MOTION THAT'S ON THE FLOOR.
AND THAT IS CERTAINLY A DIRECTION WE COULD GO IS AFTER DISCUSSING.
WE COULD JUST VOTE ON IT AND YAY OR NAY AND SEE WHERE IT GOES.
THAT WOULD BE CLEANER IF WE CLEAR OUT THIS MOTION BEFORE TRYING TO AMEND IT OR MODIFY IT.
SO COMMISSIONER FERERA, DID YOU WANT TO ADD SOMETHING? UM, YEAH, I MEAN, I'M INCLINED TO LET STEP RECOMMENDATION, UH, THE SUPPORT STAFF'S RECOMMENDATION.
I THINK THE, THE, UH, UH, UH, THE LLC, UH, THEY'RE ABLE TO MEET THEIR TIMELINE AND GET THE PLANS READY AND GET THEM SUBMITTED TO THE CITY.
YOU KNOW, THEY ALWAYS HAVE THE OPTION TO COME IN LATER AND SEE DEBT RELIEF ON THOSE BINDS ONCE THEY KICK IN.
BUT, UM, I AGREE WITH THE ORIGINAL MOTION THAT I THINK THIS WILL INCENTIVIZE THEM TO GET MOVING.
AND THEY STILL HAVE 45 DAYS EVEN IN THE EXISTING STAFF RECOMMENDATION.
I, I BELIEVE WE HEARD THAT THEY WERE REQUESTING ME THAT IN 60 DAYS THEY THOUGHT THEY WOULD BE READY TO SUBMIT.
SO WE'RE REALLY ONLY TALKING ABOUT A TWO WEEK GAP.
SO, UM, BASED ON THEIR TIMELINE.
UM, SO YEAH, THAT'S, THOSE ARE MY FEELINGS ON THE MATTER.
IT SEEMS LIKE BASED ON WHAT COMMISSIONER C LIKE, AND PRAYER HAS SAID, THERE'S, UH, TWO UNDERSTANDINGS OF WHAT COMPLETION MEANS HERE, WHERE SEALY MADE IT SOUND.
AND I, I WAS INCLINED TO AGREE WITH HIS INTERPRETATION, THAT COMPLETION OF THE PROJECT IN TOTALITY WOULD BE WHEN THE FINES STOP BEING ASSESSED, WHICH IS CLEARLY MUCH LONGER TIMEFRAME THAN 45 TO 60 DAYS, UH, COMMISSIONED FOR MADE IT SOUND LIKE THE PERMITS BEING APPLIED FOR AND GRANTED WOULD BE WHEN IT WOULD END.
AND I WOULD JUST LIKE TO SEEK SOME CLARITY ON THAT TIMELINE.
AND I APOLOGIZE FOR NOT MAKING THAT MORE CLEAR, SO STAFF'S RECOMMENDED ORDER.
I DON'T KNOW IF YOU HAVE IT UP IN FRONT OF YOU ON YOUR READER.
SO THAT, THAT IS WHAT THE MOTION IS FOR, IS TO ADOPT IT AS IS WHICH STATES THAT ALL PERMITS MUST BE PULLED.
YOU KNOW, ALL REPAIRS MUST BE COMPLETED.
ALL THE CONSTRUCTION, BASICALLY ALL THE REPAIRS NEED TO BE COMPLETED WITHIN THAT.
AND THE FINES WILL CONTINUE TO ACCRUE UNTIL ALL OF THE REPAIRS ARE COMPLETED.
WHICH COULD BE QUITE, AND IN THIS CASE, SINCE THE PLAN IS TO REBUILD, ESSENTIALLY IT WOULD BE COMPLETE CONSTRUCTION, YOU KNOW, COMPLETED.
THAT WOULD BE WHEN THE FINES STOP BEING ASSESSED.
AND I JUST WANT TO MAKE SURE THAT WE'RE ALL ON THE SAME PAGE THERE.
AND I'M SORRY, WHO IS, WHO IS JUMPING IN HERE? IS THAT COMMISSIONER STILL SAID, NO, YEAH.
THIS IS ROBERT MOORE, UH, DIVISION MANAGER, AUSTIN CODE DEPARTMENT JUST WANTED TO CLARIFY, UH, IT'S REALLY WHEN THE CITED VIOLATIONS ARE TAKEN CARE OF, IT'S NOT, YOU KNOW, SOME GRANDIOSE PLAN ABOVE AND BEYOND, UH, THE VIOLATIONS THAT WE'RE CITING IS COMPLETED.
UM, WE'RE JUST LOOKING TO RE REPAIR THE DEFICIENCIES THAT WE'VE ACTUALLY CITED.
SO TH THAT'S WHEN THE FINES WOULD STOP.
THANK YOU FOR THAT CLARIFICATION.
MUCH APPRECIATED AND COMMISSIONER.
I DON'T WANT TO CUT IN MY, I THINK, I THINK COMMISSIONER, MOTHER, AS I HAD A QUESTION PENDING, BUT, BUT AFTER, OR I DO HAVE A QUESTION FOR MR. MOORE.
[00:35:02]
COMMISSIONER MILLER.UM, YEAH, I JUST WANTED TO AGREE WITH SOME OF THE EARLIER COMMENTS AND REMIND PEOPLE THAT WE DON'T GET THESE CASES UNTIL THEY HAVE MADE A LOT OF EFFORTS TO GET COMPLIANCE.
SO I DON'T FEEL COMFORTABLE WITH SOMEONE COMING AT THIS POINT AND SAYING, YOU KNOW, SORRY, WE JUST HAVEN'T HAD OUR ACT TOGETHER.
UM, I AGREE WITH THE SENTENCE SENTIMENT THAT ADOPTING THIS ORDER.
WE'LL GIVE THEM A LOT OF INCENTIVE TO GET MOVING.
DID YOU HAVE A CHANCE TO SAY WHAT YOU ACTUALLY WANTED TO SAY? NOT, YEAH.
I THINK YOU, MADAM CHAIR, I WAS GOING TO, UM, UH, ASK A DIVISION MANAGER MORE TO ELABORATE A LITTLE BIT.
I THINK I UNDERSTAND WHAT HE'S SAYING, BUT I THINK THAT THE POINT HE WAS MAKING WAS THAT THE, FOR EXAMPLE, IF WE ISSUED THE ORDER TODAY, UM, THE ITEMS BEGIN TO ACCRUE A 45 AND A 46 DAY, UH, I GUESS AFTER IT'S MAILED, I THINK THAT IF ON THE 47TH DAY THEY WOULD HAVE RAISED THE BUILDING TO THE GROUND AND START FROM A SLAB, YOU KNOW, JUST KIND OF START OVER AT THAT POINT.
THE SITE, THE PINES WOULD SEE BECAUSE THE CITED VIOLATIONS WOULD BE REMEDIED BY THE BUILDING HAVING BEEN RAISED TO THE GROUND.
SO IS THAT, AM I GETTING THAT RIGHT? UM, I DON'T KNOW IF I GIVE A CROSSTALK TO DIVISION MANAGER MORE, BUT THAT'S SORT OF THE QUESTION THAT I, THAT IN OTHER WORDS, THE POINT BEING THAT IT DOESN'T HAVE TO BE THEIR PROJECT DOESN'T HAVE TO BE COMPLETE OR THE FINES DECEASED IS THAT RIGHT? UH, YOU'RE REAL CLOSE.
I MEAN, IF WE'RE TALKING ABOUT, IF THEY CHOOSE TO DEMOLISH IT, OBVIOUSLY THE DEFICIENCIES ARE GONE, SO YEAH, WE WOULD CLOSE OUR CASE AT THAT POINT.
UM, BUT, BUT, YOU KNOW, JUST TO FURTHER TO GO DOWN THIS RABBIT HOLE A LITTLE BIT FURTHER, JUST FOR CLARIFICATION PURPOSES, UH, YOU KNOW, IF, IF WE CITED AND I'M JUST MAKING THIS UP, YOU KNOW, A DOOR, A BROKEN WINDOW AND SOME, UH, CITING, UH, BUT THEY WANT TO ADD TWO ROOMS AND A DECK OUTSIDE AND ALL THESE OTHER THINGS THAT REQUIRE PERMITS.
UM, YOU KNOW, WE WOULD PREFER THAT THEY FOCUS ON THE ACTUAL VIOLATIONS THAT WE CITED BEFORE THEY GO OFF AND START, UH, YOU KNOW, TRYING TO TRY TO ADD ROOMS AND WHATNOT.
AND I GUESS ONE MORE, ONE MORE QUESTION.
UM, IF YOU WOULDN'T MIND REMINDING ME, UH, IF MEMORY SERVES THAT THERE'S ANOTHER AVENUE FOR RELIEF, IF WE GO AHEAD AND, YOU KNOW, WE HAVE THE CARROTS AND STICKS HERE AND, YOU KNOW, WE USE OUR DECK AND, YOU KNOW, THE ORDER THAT, THAT, UH, PENALTIES BE IMPOSED, UM, IF MEMORY SERVES IN, UH, IN THE CASE OF A RESIDENTIAL PROPERTY, SUCH AS THIS, THEY CAN KIND OF COME BACK AND HAVE, UM, YOU KNOW, EXPENDITURES TOWARD COMPLIANCE, UH, APPLIED AGAINST THE FINE THE HERE, REMIND ME HOW THAT WORKS AND DOES THAT, UH, AND IS THERE ANY REASON WHY, THE FACT THAT THERE'S AN LLC OWNERSHIP THAT, THAT, UH, UH, WOULD, WOULD AFFECT THAT? SORRY, I DIDN'T ARTICULATE THAT VERY CLEARLY, BUT YEAH, I KNOW WHAT YOU'RE TALKING ABOUT.
UM, AND I BELIEVE THAT ONLY APPLIES TO A PROPERTY THAT IS HOMESTEADED.
AND, AND I BELIEVE WHAT YOU'RE REFERRING TO IS ANY REPAIRS THAT ARE MADE TO, TO, YOU KNOW, TO REMOVE THESE CITATIONS, THE COST OF THOSE REPAIRS COULD OFFSET ANY FINES.
AND THAT CAN BE DONE ADMINISTRATIVELY, BUT AGAIN, THAT'S ONLY FOR A HOMESTEADED PROPERTY BECAUSE OF HOME STATUS.
WELL, I THANK YOU, MADAM CHAIR FOR THAT CLARIFICATION.
UH, LET ME JUST, I WILL JUST ADD BY WAY OF DISCUSSION, UM, THAT I, I DO THINK STAFF'S RECOMMENDED ORDER IS APPROPRIATE IN THIS CASE FOR THE REASONS THAT SOME OF THE OTHER COMMISSIONERS HAVE ALREADY SAID, UM, THAT THERE, UH, THE OWNER HAS SORT OF DECLINED TO GIVE US ANY, UH, REASON WHY, UH, MORE TIME IS WARRANTED.
UH, JUST SORT OF, UH, IN FACT, ADMITTED THAT IT WAS BY REASON OF INEFFICIENCY.
YOU KNOW, I GUESS I APPRECIATE THE CANDOR ON ONE HAND, BUT ON THE OTHER HAND, UM, IF THERE'S NO GROUNDS FOR LENIENCY ARTICULATED, UH, I DON'T SEE WHY NOT TO, UM, JUST ADOPT THE ORDER.
UM, AND, UH, AS OTHERS HAVE POINTED OUT, I THINK THERE ARE OPPORTUNITIES FOR SOME POST-HOC RELIEF.
UH, THE HOMESTEAD THING THAT I WAS THINKING OF IS OBVIOUSLY NOT AMONG THEM.
UM, BUT AS DIVISION MANAGER MOORE WAS SAYING, IF THEY ADDRESS THE CITED ISSUES FIRST, UH, THEY CAN SORT OF TAKE CARE OF THAT FIRST.
AND, UM, THOSE, UH, ISSUES NEED NOT TO WAIT, WHATEVER LARGER PROJECT THEY HAVE IN MIND FOR THE PROPERTY.
SO I DON'T, I DON'T THINK THAT THIS IS PARTICULARLY DRACONIAN, ESPECIALLY IN LIGHT OF COMMISSIONER.
MILO'S POINT THAT BY THE TIME IT REACHES US, THERE'S ALREADY BEEN SOME WORK DONE BY THE FOLKS ON THE GROUND.
SO, UM, THOSE ARE MY REASONS FOR SECONDING THE MOTION.
[00:40:01]
UH, I DON'T AT THIS TIME FAVOR, UM, UH, AN AMENDMENT TO THE MOTION, UH, WITH THAT'LL YOU'LL BACK THINKING ABOUT A CHAIR.COMMISSIONER SAILOR, DID YOU STILL HAVE A COMMENT OR A QUESTION MORE? OKAY.
AND THEN IF THEY WANT TO BUILD EXTRA, THEY'LL HAVE A CLEAN SLATE FROM WHICH TO WORK.
I THINK I'D LIKE TO GO AHEAD AND CALL THE QUESTION REAL QUICK CHAIR.
SORRY, NOT TO INTERVENE OR WHATNOT, BUT I JUST WANT, YOU KNOW, GOOD INFORMATION OUT THERE IN, IN YOUR CLOTHES.
UH, BUT I DON'T BELIEVE IT'S HOMESTEADED IT.
IT'S JUST RESIDENTIAL STRUCTURE PERIOD THAT THEY, THEY CAN QUALIFY FOR THAT OFFSET THAT, THAT WE WOULDN'T HAVE TO COME BEFORE THE COMMISSION.
THANK YOU FOR THAT CLARIFICATION, MY MISTAKE.
AND I'M JUST GOING TO, I'M NOT OPENING, REOPENING THE PUBLIC HEARING, BUT I AM GOING TO ACT TO ASK A DIRECT QUESTION TO MR. ROJAS.
DID YOU UNDERSTAND WHAT DIVISION MANAGER MORE JUST STATED UNREGARDED STUDIES HERE, RESIDENTIAL PROPERTY AND NOT A HOMESTEAD.
SO, SO ANY REPAIRS THAT ARE MADE TO SATISFY THE CITATIONS TO MAKE THESE GO AWAY, IF YOU KNOW, TRACK ALL OF YOUR EXPENSES AND YOU CAN COME BACK AND POTENTIAL USE THOSE EXPENSES TO OFFSET ANY FINES THAT MAY HAVE ACCRUED.
NOW I WILL GO AHEAD AND CALL THE QUESTION.
UM, I WILL DO THIS VIA ROLL CALL SINCE WE ARE HALF REMOTE.
I'M JUST GOING TO ASK YOU TO RAISE YOUR HAND, SAY AYE.
UM, COMMISSIONER ALL GUMBO DAY.
THANK YOU, COMMISSIONER FRANCIS.
THANK YOU, COMMISSIONER BENIGNO.
ALRIGHT, THANK YOU, COMMISSIONER SEELIG.
THANK YOU, COMMISSIONER FERRERA.
THANK YOU, COMMISSIONER MUELLER.
I THINK I'VE GOT ALL THE COMMISSIONERS WHO ARE ONLINE AND I AM ALSO IN FAVOR.
UM, THE MOTION DOES PASS THIS.
THE COPY OF THE ORDER WILL BE MAILED TO YOU AND WE, WE DO WISH YOU THE BEST OF LUCK.
THANK YOU FOR COMING TO SEE US.
BYE-BYE ALL RIGHT, COORDINATOR.
ALLIE, ARE WE READY FOR THE NEXT ITEM ON THE AGENDA ITEM NUMBER TWO
[2. Case Number: CL 2022-031771]
ON THE AGENDA IS CASE NUMBER CL 20 22 0 3 1 7 7 1.AND IS REGARDING THE PROPERTY LOCATED AT 700 WEST APPLEGATE DRIVE STAFF EXHIBITS CAN BE FOUND IN THE GREEN BOOK AND THE GOOGLE DRIVE FOLDER OR YOUR READER.
AND THIS IS WHERE I'M GOING TO INTERRUPT AGAIN.
AND MY APOLOGIES SO THAT WE CAN HAVE, UH, JIMMY HARVEY, MR. HARVEY.
I WANTED TO MAKE SURE HE WAS PRESENT AND READY TO GO.
THIS IS HERE'S SOME FACTS ABOUT THIS CASE.
THIS IS ABOUT A COMMERCIAL STRUCTURE, WHICH IS CONSIDERED SUBSTANDARD WITH DANGEROUS CONDITIONS REQUIRING REQUIRING REPAIR.
THIS CASE WAS OPENED IN SEPTEMBER, 2020 AS A RESULT OF A COMPLAINT.
NO REPAIRS HAVE BEEN MADE TO DATE IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, THE COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, THAT VERIFIES OWNERSHIP.
THE NOTICES OF VIOLATION REQUIRED NOTICES OF HEARING AND POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF CODES.
PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO J AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INVESTIGATOR.
ERICA THOMPSON IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED INVESTIGATOR THOMPSON, PLEASE BEGIN YOUR TESTIMONY.
MY NAME'S ERICA THOMPSON AND I'M A CODE OFFICER WITH THE CITY OF AUSTIN CODE DEPARTMENT.
I'M PRESENTING THE CASE AT 700 WEST APPLEGATE.
THIS IS A TWO STORY COMMERCIAL BUILDING WITH A MIC VERTICAL MIXED USE THE NEIGHBORHOOD PLAN OVERLAY ON SEPTEMBER 25TH, 2020 DURING AN INSPECTION AT A DIFFERENT PROPERTY IN THIS, I WAS FLAGGED DOWN BY AFD.
THEY LED ME TO THIS PROPERTY TO POINT OUT THE VIOLATION OF THE ELECTRICAL WEATHERHEAD BEING SITUATED TOO CLOSE TO THE SECOND STORY LANDING, SUBSEQUENT SUBSEQUENTLY OCCASION FOR THIS VIOLATION AND OTHER VIOLATIONS I OBSERVED WAS OPENED.
THE FOLLOWING STRUCTURAL VIOLATIONS WERE OBSERVED.
THE WEATHERHEAD ON THE SOUTH SIDE OF THE BUILDING WAS NOT SUFFICIENTLY ATTACHED TO THE BUILDING AND IS WITHIN THREE FEET OF THE SECOND STORY
[00:45:01]
LANDING.AND THE STAIRS ON THE SOUTH SIDE OF THE BUILDING ARE IN DISREPAIR.
THE MIDDLE UNDERNEATH AND ENCASING.
THE TREADS IS RESTED THROUGHOUT AND ONE OF THE CONCRETE TREADS IS BROKEN IN HALF A DANGEROUS CONDITIONS.
PLACARD WAS POSTED ON THE STAIRCASE.
A NOTICE OF VIOLATION WAS SENT AND POSTED ON THE PROPERTY, EXPLAINING THE VIOLATIONS AND THE REQUIREMENT TO OBTAIN A PERMIT FOR THEIR STAIRS AND ELECTRICAL SYSTEM PERMIT SYSTEM REPAIRS.
A QUERY OF THE CITY'S PERMITTING DATABASE REFLECTS THAT AN ELECTRICAL PERMIT FOR REPAIR TO THE WEATHERHEAD WAS APPLIED FOR ON JANUARY 12TH, 2021.
HOWEVER, THE PERMIT IS PENDING AND NOT ACTIVE AS OF YET.
THERE'S NO PERMIT APPLIED FOR OR ISSUED FOR THE STAIRCASE REPAIR.
I'VE NEVER RECEIVED ANY CORRESPONDENCE FROM ANY PROPERTY REPRESENTATIVE UNTIL MARCH 18TH, 2022.
WHEN MICHELLE KAHAN, THE OFFICE MANAGER EMAILED ME INQUIRING AS TO WHETHER OR NOT THE HEARING CAN BE POSTPONED WHILE THEY ARE AWAITING THEIR PERMITS.
I EXPLAINED THAT AT THIS POINT, WE COULD NOT DELAY THE HEARING.
I WILL NOW TAKE YOU THROUGH THE PHOTOGRAPHS OF THE VIOLATIONS KEEPS ROLLING UNTIL YOU SEE THE ONE THAT SAYS WE'RE JUST IN THE WRONG COPY.
EXHIBIT TWO, A SHOWS, A CONTEXTUAL PHOTO OF THE BUILDING, UH, WHAT THE ADDRESS OVER THERE ON THE RIGHT-HAND SIDE, UH, 700 WEST APPLEGATE.
NEXT CAN A PICTURE TO BE IS A PHOTO OF THE STAIRCASE THAT'S IN DISREPAIR TO SEE IS THAT SAME STAIRCASE SHOWING YOU A SHOT FROM UNDERNEATH OF IT.
UM, WITH THE REST OF METAL, TWO D IS THE SAME STAIRCASE, UM, FACING THE STAIRS, UM, UNDERNEATH THE LANDING TWO E IS A PHOTO OF THE STAIRS, UM, FROM THE OTHER SIDE, UM, OF COURSE, AS YOU'RE APPROACHING THEM AND WALKING UP THE STAIRS, YOU COULD SEE THE BROKEN TREAD THERE TO F AS A CLOSER UP PICTURE OF THE BROKEN TREAD TWO G SAME PICTURE OF BROKEN TREAD.
THE WOOD, I GUESS, IS HOW WILL THEY REPAIRED IT TO AGE IS SHOWING TO THE LEFT OF THE STAIRS, THE WEATHER CAP THAT'S COMING AWAY FROM THE WALL.
IT'S NOT APPROPRIATE, APPROPRIATELY ATTACHED.
UM, AND IT'S ALSO WITHIN THREE FEET OF THE STAIRCASE RAILING TO I AS A PICTURE.
UM, AFTER I WENT UP THE STAIRS AND TOOK A PICTURE OF THE WEATHER CAP, JUST TO SHOW THE PROXIMITY TO THE STAIR RAILING TO J IS A PHOTO OF THE WARNING PLACARD THAT WAS PLACED ON THE STAIRS.
AND THAT CONCLUDES MY PRESENTATION.
UH, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS 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 WITH DANGEROUS AND HAZARDOUS CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO J STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN, GO TO VERIFY COMPLIANCE AND FOUR 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 OFFICIALS 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.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS NUMBER ONE AND NUMBER TWO EIGHT THROUGH TO JAY AND MR. HARVEY, IF YOU WOULD LIKE TO INTRODUCE YOURSELF AND TELL US WHAT'S GOING ON I THINK YOUR MICROPHONE IS NOT ON, PERHAPS THERE SHOULD BE A GREEN LIGHT.
UM, SORRY ABOUT THAT, JIMMY HARVEY.
UM, I HIRED AN ELECTRICIAN TO REPAIR THE WEATHERHEAD, UM,
[00:50:01]
AND HE DISAPPEARED ON ME, GREG MOHART.UM, I HIRED ANOTHER ELECTRICIAN WHO'S HAS JUST RECENTLY SWITCHED THE PERMIT INTO HIS NAME AND IS WAITING FOR A PERMIT HE'S A MINIMUM OF SIX WEEKS OUT.
ONCE HE GETS A PERMIT TO BE ABLE TO ORDER PARTS AND GIVE ME A PRICE TO DO THE REPAIR.
UM, I'VE HIRED KENYAN CONSTRUCTION TO DO THE REPAIR ON THE STAIRS, UM, WHO IS A METAL FABRICATOR AND HE'S OUT A MONTH, TWO MONTHS OUT AT THIS MOMENT.
I DON'T KNOW WHAT TO TELL YOU OTHER THAN THAT.
IS THERE A SPECIFIC, UM, AMOUNT OF TIME THAT YOU WERE THINKING? I MEAN, I HEAR YOU THAT YOU HAVE BEEN TRYING TO GET PEOPLE ENGAGED AND EVERYONE IS TELLING YOU THERE'S SEVERAL WEEKS OUT, THE MERCURY, UH, UM, ELECTRICIANS, TELL ME THERE, ONCE THEY GET A PERMIT, THERE ARE MINIMUM OF SIX WEEKS OUT.
UM, AND HE WON'T EVEN GIVE ME A PRICE FOR THE JOB UNTIL HE CAN ORDER PARTS.
AND HE WON'T ORDER PARTS UNTIL HE HAS A PERMIT.
THE STAIRS I CAN, THAT SHOULD BE IN THE NEXT THREE OR FOUR WEEKS, I WOULD HOPE.
SO THE STAFF'S RECOMMENDED ORDER IS TO COMPLETE ALL THE REPAIRS WITHIN 45 DAYS.
SO IS, I GUESS WHAT WE WANT TO KNOW IS WHAT, WHAT WOULD YOU, WHAT WOULD YOU LIKE TO SEE FOR THAT ORDER? I'M AT THE MERCY OF THE CITY TO GIVE ME A PERMIT BEFORE I CAN EVEN TELL YOU WHEN THE ELECTRICAL WILL BE DONE, UM, THAT WHEN, WHEN I HAVE A PERMIT OUT, I, I CAN KNOW WHEN I CAN DO THE WORK.
UNFORTUNATELY, WE CAN'T MAKE AN ORDER CONTINGENT UPON RECEIVING A PERMIT AND BELIEVE ME, THIS HAS BEEN A TOPIC OF DISCUSSION IN THE PAST, BECAUSE THAT WOULD MAKE A LOT OF SENSE.
UM, BUT I'LL, I'LL SEE WHAT THE REST OF THE COMMISSION HAS TO SAY ABOUT THIS.
AND IF THEY HAVE ANY QUESTIONS FOR YOU OR FOR INVESTIGATOR THOMPSON.
WELL, UM, OH, OH, UH, ACTUALLY I THINK COMMISSIONER WAGAMAMA DAY HAD JUST STARTED SPEAKING, THEN I'LL COME BACK TO YOU.
UM, SO JUST TO BE CLEAR, ONE OF THE VIOLATIONS IS THAT, I MEAN, ONE OF THE REQUIREMENTS OR THE SUGGESTED, UM, ITEMS ON THE STAFF'S PROPOSED ORDER IS THAT YOU OBTAIN THOSE PERMITS.
SO WHEN YOU'RE TALKING TO THE ELECTRICIANS, UM, AND THEY'RE SAYING THEY CAN GET A PERMIT, BUT THEN IT WOULD TAKE THEM SIX WEEKS TO DO THE ACTUAL WORK.
DO YOU THINK YOU COULD AT LEAST INITIATE THE PERMIT PROCESS WITH THIS ELECTRICIAN? IT IS IN IT, IT HAS BEEN THAT, THAT, UH, I AM TOLD THAT I STARTED THE PROCESS THREE OR FOUR WEEKS AGO, A MONTH AGO, MAYBE, UH, WHEN I HAD HIM ON SITE.
CAUSE I THINK I SAW A NOTE THAT MAYBE THE FEES HADN'T BEEN PAID YET FOR THE PERMIT.
UH, ARE YOU AWARE OF THAT? ALL'S I KNOW AS HE TELLS IT, HE TOLD ME HE'S WAITING FOR A PERMIT.
I HAD HIM SEND THIS LETTER TO ME TODAY OR EMAIL THIS TO ME TODAY AND HE TEXTED ME LATER AND SAYS, HOPEFULLY SEE THE PERMIT IN THREE OR FOUR DAYS.
AND THEN I'M SIX WEEKS OUT, BUT I HAVE NO IDEA.
BUT YOU'RE BASED ON THE INFORMATION YOU HAVE AS OF TODAY, YOU THINK MAYBE HE IS IN THE PROCESS OF GETTING THE PERMIT WITHIN A WEEK AND THEN SIX WEEKS TO DO THE WORK.
FOR THE ELECTRICAL PIPE? YES MA'AM.
THANK YOU, COMMISSIONER STILL STARTED AND THANK YOU, MADAM CHAIR.
I HAVE JUST ONE QUICK QUESTION FOR MR. RV.
UM, OH, COULD YOU TURN YOUR CAMERA ON, PLEASE? IS THAT POSSIBLE? THERE IT IS.
UH, ONE BRIEF QUESTION FOR MR. HARVEY.
UM, IN ADDITION TO YOU MENTIONED, UM, THE ELECTRICAL AND THE STAIR, BUT THERE WAS A THIRD ONE ABOUT THE WALL BEING REPLACED THAT, UH, I GUESS FROM WORK THAT SHOULD HAVE BEEN PERMITTED AS DONE WITHOUT PERMIT THAT, THAT YOU NEED TO OBTAIN A PERMIT FOR INSPECTION.
I GUESS AFTER THE FACT, DO YOU HAVE A TIMEFRAME ON THE AD? DID, DID YOUR CONTRACTOR ADDRESS THAT I HAVE NOT.
UH THAT'S UM, THAT THAT'S THE FIRST TIME HEARING OF THAT ALSO WAS INFORMED BY MY OFFICE AND WAS THE STAIRS AND THE ELECTRICAL.
[00:55:01]
SO I CAN EASILY DO THAT.I'LL I CAN GET THAT IN THE WORKS ALSO.
UM, UH, THANK YOU, MS. RAVI THINKING ABOUT INSURANCE, ACTUALLY, I'M GOING TO FOLLOW UP ON THAT ONE WITH INVESTIGATOR THOMPSON.
IS THERE SOME WORK THAT NEEDS TO BE FOLLOWED UP WITH A PERMIT? UM, THERE WAS WHAT APPEARED TO BE A DOOR AT ONE TIME ON THE SOUTH WALL, AND THEN IT'S SEALED UP NOW.
AND SO I DID WRITE THAT UP, ACTUALLY HAS WORKED WITHOUT PERMIT.
I DIDN'T INCLUDE IT IN THE SE BECAUSE IT'S WORKED WITHOUT PERMIT, NOT A STRUCTURAL VIOLATION.
SO I WOULD JUST, OBVIOUSLY AFTER THE MEETING OR AT SOME POINT, IF YOU COULD GET WITH MR. HARVEY AND MAKE SURE SHE UNDERSTANDS WHAT NEEDS TO HAPPEN THERE.
COMMISSIONER FRANCIS, UH, LOOKING QUICKLY THROUGH THE MATERIAL TO TRY AND GET A GOOD PICTURE OF THIS.
IT SEEMS THAT THE FIRST NOTICE WAS SENT OF THESE ITEMS TO MR. HARVEY ON JANUARY 5TH, 2021.
IS THAT CORRECT? YES, JANUARY 5TH.
ANY OTHER QUESTIONS FROM THE COMMISSION? UH, YES.
COMMISSIONER SAY IT LIKE THE OWNER OF THE PROPERTY EXPLAINED WHY HE DIDN'T ADDRESS ANY OF THE ISSUES SINCE JANUARY OF 2021, THE, THE FIRST GUY THAT I HIRED TO PULL THE PERMIT FOR THE ELECTRICAL WAS IN JANUARY.
UM, IF I REMEMBER CORRECTLY AND HE, UH, HE HAD DONE WORK FOR ME, I, I, UH, OWN A POOL COMPANY AND HE'S PULLED PERMITS FOR ME FOR ELECTRICAL DEDUPE, SWIM POOLS.
AND I JUST, YOU KNOW, I THOUGHT HE WAS WORKING ON IT CAUSE IT TOOK A WHILE AND HE, HE NO LONGER WORKED FOR ME.
AND SO I'VE HIRED STAIRS, THE STAIRS I HAVE THAT, I PUT THOSE BOARDS UNDERNEATH THERE AND ON THE, ON THE ONE STAIR THAT'S BROKEN.
AND THAT'S THE ONLY THING THAT I THOUGHT THAT ACTUALLY NEEDED TO BE FIXED ON THAT.
IT SOUNDS LIKE I NEED TO TAKE DOWN ALL OF THE STAIRS AND RE REBUILD THEM IS WHAT THEY ARE IN DISREPAIR.
SO WHATEVER'S IN DISREPAIR ON THE STAIRS NEEDS TO BE REPAIRED.
SO NOT ONLY THAT ONE STEP, BUT THE WHOLE STAIRCASE IS RUSTED.
IS IT POSSIBLE TO DIVIDE THIS PROJECT INTO TWO VIOLATIONS STAIRS AND THEN THE ELECTRICAL AND HAVE HIM ADDRESS ONE EACH ONE INDIVIDUALLY WE CAN STRUCTURE OUR ORDER IN SUCH A WAY.
UM, RIGHT NOW THE IT'S JUST A FINE FOR EVERYTHING.
SO IT WOULDN'T BE TWO SEPARATE CASES, BUT YOU'RE RIGHT.
THE VIOLATIONS ARE SEPARATE AND WE COULD, YOU KNOW, GIVE A DIFFERENT TIMELINE FOR ONE VERSUS THE OTHER.
LIKE TO MOVE THAT WE ADOPT THE STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS AND RECOMMENDATIONS RECOMMENDED ORDER.
I HEARD MULTIPLE SECONDS ON THAT.
DO WE WANT TO DISCUSS FURTHER? UM, YEAH, I MEAN, I HAVE A COMMENT, BUT IT'S MORE OF A COMMENT THAN ANYTHING ELSE IS THAT IT SOUNDS LIKE MR. HARVEY IS ALREADY READY TO GO ANYWAY.
AND HE'S PRETTY CONFIDENT THAT THE GUARDRAILS, THE STAIRWELL, UH, THE STAIRWAY AND EVERYTHING WOULD BE REPAIRED SOONER THAN LATER.
AND THE ELECTRICAL SHOULD BE REPAIRED SHORTLY AFTER, BASED ON THE TESTIMONY WE'VE HEARD TODAY.
SO I BELIEVE THE RECOMMENDATIONS SHOULD BE FINE.
AND MAYBE THE ACTUAL FINES DON'T KICK IN, UM, ONCE ALL OF THAT WORK IS DONE AND IF THEY DO KICK IN, UM, THERE MIGHT BE A WAY TO COME AND PRESENT THE EVIDENCE TO US OF THE WORK DONE AND MAYBE ASK FOR SOME SORT OF BREAK ON THOSE FINES, BUT IT SOUNDS LIKE THE TIMELINE IS PRETTY CLOSE TO LESS THAN 45 DAYS.
IF ANYTHING, STAIRS EASIER SHOULD BE FINE WITH KENYA CONSTRUCTION ELECTRICAL.
UM, UM, AGAIN, UH, WHEN I GET A PERMIT HE'S SIX WEEKS OUT.
[01:00:02]
YES.MA'AM UM, I GOT A HOT BUTTON WITH THAT STAIRS.
UH, WE'VE ALMOST HAD TERMINAL DISASTERS IN FACT THAT, UM, YOU KNOW, WITHIN THE LAST EIGHT, NINE YEARS, UH, WE HAD TO SHUT DOWN A COUPLE OF APARTMENT COMPLEXES BECAUSE PEOPLE ALMOST FELL TO THEIR DEATH.
SO, UH, I, UH, THINK THAT, UH, THE APPROPRIATE MOVE WOULD BE, UH, UH, TO MAKE SURE THAT THERE IS A INCENTIVE FOR EVERYBODY TO GET THIS REPAIRED.
AND THEN IT'S, UH, UH, WE WANT TO REVISIT THE SANCTIONS.
UH, WE CAN DO THAT DOWN THE ROAD.
SO ARE YOU SUGGESTING ADOPTING STAFF'S RECOMMENDED ORDER, BUT AS YOU'VE JUST RECOMMENDED TO THE PROPERTY OWNER TO PLEASE FIX THOSE STAIRS AS QUICKLY AS POSSIBLE.
AND IF, IF, AND WHEN YOU DO CHOOSE TO COME BACK TO US, THAT WOULD PROBABLY, YOU KNOW, ADD TO YOUR FAVOR, BUT WE HAVE YET TO ACTUALLY ADOPT ANY, ANYTHING AT THE MOMENT.
IS THERE ANYBODY USING THE SECOND FLOOR? YES, THERE THERE'S, THERE IS A SECOND SET OF STAIRS IN THE BACK.
THEY PROBABLY WOULDN'T BE HAPPY WITH THAT, BUT THEY COULD.
I MEAN, THE LAST TIME WHAT HAPPENED WAS SHE HAD HER SECOND SET OF STAIRS.
THE KIDS DIDN'T KNOW THAT THEY RAN DOWN THE FIRST SET EVER FALLING APART AND THEN WAS PULLED A BALCONY OFF.
SO I THINK THIS IS SO MANY, SORRY.
I MEAN, I'D HAVE TO BLOCK THAT OFF, BUT I MEAN, I CAN BLOCK THAT OFF IMMEDIATELY, UM, AND MAKE THEM USE THIS BACK SET OF STAIRS.
WELL, COMMISSIONER GREEN, WE HAVE, WE DO HAVE A MOTION ON THE TABLE.
DO YOU FEEL STRONGLY ENOUGH ABOUT THIS, THAT YOU WANT TO TRY AND AMEND THAT MOTION? OR SHALL WE GO AHEAD AND VOTE ON THAT MOTION AND SEE IF IT CARRIES HIM OF A BUTTON THAT WASN'T VERY CLEAR, PLEASE.
LET'S GO AHEAD AND VOTE ON A MOTION, PLEASE.
ANY OTHER COMMENTS BEFORE I CALL THE QUESTION? IS THERE A SECOND? I'M SORRY, THERE IS A SECOND.
I JUST HAVE A QUICK POINT OF CLARIFICATION TO ASK, UM, INSPECTOR THOMPSON THOMPSON.
UM, IT, IT SOUNDS LIKE THROUGH THE MENTION OF THE ISSUE WITH THE DOOR AND WITH THE RUST ON THE STAIRS, THAT THERE MAY BE A LACK OF CLARITY OF EXACTLY WHAT NEEDS TO BE DONE IN ORDER TO REMEDY THESE, UH, VIOLATIONS.
AND I, I WOULD JUST ASK IF THERE HAS BEEN A DIRECT CONVERSATION ABOUT WHAT NEEDS TO BE DONE, AND IF THERE IS A PLAN TO GO OVER SPECIFICALLY SO THAT THERE ISN'T TIME, MONEY AND EFFORT PUT IN TO SOMETHING THAT THEN IS ACCIDENTALLY INCOMPLETE, EVEN THOUGH THERE WAS AN INTENTION FOR IT TO BE COMPLETE LATER.
UM, I BELIEVE IT'S PRETTY CLEAR IN THE NOTICE OF VIOLATION.
WHAT'S EXPECTED FOR HIM TO MAKE THREE PAIRS AND ALSO WHAT PERMITS ARE NEEDED.
BUT IF HE HASN'T SEEN THAT, THEN I CAN EXCHANGE INFORMATION.
I HAVE NOT SPOKE WITH ANYBODY IN REGARDS TO THIS PROPERTY SINCE THE DAY THE CASE OPENED NOBODY'S REACHED OUT.
I'VE HAD, UM, NO COMMUNICATION WITH ANYBODY.
SO I HAVEN'T BEEN ABLE TO EXPLAIN MUCH, UM, BUT I CAN FOR SURE GET HIS INFORMATION AFTER TONIGHT AND THEN BE, EVEN MEET ON-SITE OR ANYTHING YOU KNOW, THAT HE NEEDS TO DO TO HELP CLARIFY WHAT'S NEEDED.
JUST WANTING TO PREVENT A SITUATION WHERE WORK WAS DONE, BUT ACCIDENTALLY INCOMPLETE.
UM, I JUST WANTED TO ASK THE, UM, CODE OFFICER, IF THEY THOUGHT THE STAIRS WERE DANGEROUS ENOUGH THAT THEY SHOULD BE, UM, YOU KNOW, ROPED OFF SO PEOPLE DON'T USE THEM.
SO, UM, I WAS GLAD HE BROUGHT THAT POINT UP.
CAUSE TO BE HONEST WITH YOU, I DON'T KNOW WHAT KIND OF EGRESS IS AVAILABLE TO THAT SECOND STORY.
SO BY HIM ROPING OFF THOSE STAIRS, I DON'T KNOW WHAT ELSE IS UP THERE OR LIKE HE WAS TALKING ABOUT THE SECOND STAIRCASE.
UM, I KNOW I DID SEE THERE WAS ONE IN THE BACK, UM, BUT I JUST WOULDN'T NEED TO MEET ON-SITE WITH HIM TO SEE THAT IF THAT'S AN OPTION, ACTUALLY CLOSING OFF THAT STAIRCASE FOR EGRESS REASONS.
UM, BUT DEFINITELY, UM, DON'T WANT PEOPLE USING IT IN CASE SOMETHING WAS TO HAPPEN.
SO I GUESS I DON'T HAVE THE ANSWER TO THAT UNTIL I GO OUT THERE AND MEET WITH HIM AND THEN SEE WHAT ACCESS THEY HAVE TO, UH, AS A POINT OF EGRESS OFF THAT SECOND FLOOR.
I'LL GO AHEAD AND CALL THE QUESTION AND AGAIN, I WILL DO THIS VIA ROLL CALL, UH, COMMISSIONER OBAMA DAY.
ARE YOU IN FAVOR? YES, I'M IN FAVOR.
COMMISSIONER FRANCIS COMMISSIONER BENDING.
ALRIGHT, THANK YOU, COMMISSIONER SEELIG.
[01:05:01]
GREEN.THANK YOU, COMMISSIONER FERRERA.
THANKS AND COMMISSIONER MUELLER.
I THINK YOU AND I AM ALSO IN FAVOR OF ADOPTING STAFF'S RECOMMENDED ORDER AND UM, YES, OBVIOUSLY WE DO ENCOURAGE INVESTIGATOR THOMPSON TO PLEASE GET WITH MR. HARVEY AND JUST, YOU KNOW, IF IT DOES APPEAR THAT THE STAIRS ARE IN IMMINENT DANGER OF FAILING, PLEASE DO ROPE THEM UP, RE ROPE THEM OFF.
THEY DON'T SEEM THAT BAD TO ME.
I MEAN, EXCEPT FOR THE ONE THAT'S BROKEN AND IT'S SUPPORTED, BUT REPLACED THE WHOLE THING.
THAT'S IT'S NOT PART OF THE ORDER TO ROPE THEM OFF, BUT PLEASE USE YOUR BEST DISCRETION IN SECURING IT.
AND A COPY OF THE ORDER WILL BE MAILED TO YOU.
AND AGAIN, IF YOU HAVE FURTHER QUESTIONS, PLEASE GET WITH INVESTIGATOR THOMPSON AND WE WISH YOU THE BEST OF LUCK.
THANK YOU FOR COMING TO TALK WITH US COORDINATOR ALLIE.
[3. Case Numbers: CL 2022-031841; CL 2022-031882; CL 2022-031885; and CL 2022-031896]
THREE ON THE AGENDA IS A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 8,600 NORTH LAMAR BOULEVARD.ALSO KNOWN AS THE POEMS ON LAMAR APARTMENTS TONIGHT.
YOU'LL BE CONSIDERING BUILDINGS, ABC AND D.
AND WE HAVE MATTHEW GILBERT AND JAMES MCKNIGHT.
YES, PLEASE CONTINUE ALL EXHIBITS AND OTHER RELEVANT DOCUMENTS FOR THIS PROPERTY CAN BE FOUND IN THE FUCHSIA PINK COLORED BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THE CASE NUMBERS ARE AS FOLLOWS BUILDING A IS CASE NUMBER CL 20 22 0 3 1 8 4 1.
BUILDING B IS CASE NUMBER CL 20 22 0 3 1 8 8 2.
BUILDING C IS CASE NUMBER SEAL 20 22 0 3 1 8 8 5.
BUILDING D IS CASE NUMBER CL 20 22 0 3 1 8 9 6.
THIS IS ABOUT A CONSULT, A COMMERCIAL MULTI-FAMILY PROPERTY WITH FIVE BUILDINGS AND 476 RESIDENTIAL UNITS.
TONIGHT, WE WILL ONLY BE ADDRESSING BUILDINGS A THROUGH D.
THIS PROPERTY IS PART OF THE REPEAT OFFENDER PROGRAM.
THE CASES WERE OPENED AS A RESULT OF COMPLAINTS FOR NO HOT WATER AND YOUR GOOGLE DRIVE FOLDER OR READERS.
YOU'LL FIND THE FOLLOWING FOR EACH OF THE REFERENCE CASES, EXHIBITS 1, 3, 5, AND SEVEN, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP REQUIRED NOTICES, VIOLATION NOTICES OF HEARING AND POSTINGS AS WELL AS THE STRUCTURAL MAP OF THE PROPERTY AND EXHIBITS 2, 4, 6, AND EIGHT, WHICH CONSISTS OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS AND CODES RECOMMENDED ORDERS.
AUSTIN CODE INSPECTOR, MARISOL VELVA.
RAMA IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED INVESTIGATOR VALDERRAMA PLEASE BEGIN YOUR TESTIMONY, INSPECT YOUR BEDROOM.
MY NAME IS MARISOL LAST NIGHT.
THIS PROPERTY WAS ON A REPEAT OFFENDER FOR TWO YEARS AND, UH, WE JUST RE-INSTATED FOR FIVE YEARS MORE AND ON FEBRUARY 5TH, 2021, THE COMPLAINANT ABOUT THE PROPERTY WAS RECEIVED.
BE A THREE BOND, ONE CO-INVESTIGATOR JOHNNY CRNA PERFORMED THE INITIAL INSPECTION ON THIS PROPERTY.
AND HIS BUILDINGS FOUND THAT A COMPLAINT WAS VALID, NO HOT WATER AT A UNIT.
THE PROPERTY WAS POSTED WITH A NOTICE OF VIOLATION ON FEBRUARY 10, 20, 22 ON FEBRUARY.
THE CASE WAS TRANSFERRED TO ME SINCE I HAD TAUGHT SINCE I'M THE ONE WHO IN CHARGE OF THE PROPERTY.
SINCE THEN, I HAD TALKED WITH THE PROPERTY MANAGER MULTIPLE TIMES, AND I HAD ASKED FOR A PLAN OF ACTIONS TO BE EMAILED ME TO, TO SEE HOW THEY'RE GOING TO RESOLVE THE HUB WATER ISSUE, WHICH SHE NEVER SUBMITTED.
AND THE MANAGER STAYED AT THE MAIN PROBLEM WITH THE HUB WATER PRICE IS THAT THE PI'S HAS CALCIUM AND THEY HAVE WATER.
DOESN'T GO THROUGH THE BUILDINGS.
UM, THEY HAVE NO PROVIDER TENANTS WITH ANY WAY TO, FOR THEM TO HAVE OUR WATER AND TAKE SHOWERS.
AND THEY DID ONE TIME PROVIDE ONE UNIT, BUT AFTER 5:00 PM, THERE'S NO WAY THAT NOBODY COULD GO BECAUSE THERE'S NOBODY IN THE OFFICE THAT EVERYBODY THAT COMES FROM WORK AS THE FIRE FIRE CLOCK, THEY CONTAIN NO SHOWERS.
[01:10:01]
OUT, THE HOT WATER AT THEIR APARTMENT.AND, UM, UNTIL TODAY THEY STILL HAD NO WATER IN THE UNIT.
AND THIS IS MY PERSONAL ISSUE.
THIS IS A CONTESTABLE PHOTO OF THE PROPERTY.
YES, THIS IS BUILDING A, THIS IS ONE OF THE UNIONS THAT ARE WILLING TO INSPECT THE HUB WATER.
IT WAS, UM, YOU SEE CGT ONE OF THE FIRST UNITS AND THE CORNER.
USUALLY THE FIRST UNIT IN THE CORNER GOES OVER 110 DEGREES.
THEN WE WENT TO ANOTHER UNIT BANGO NINE AND WE START 60 DEGREES FAHRENHEIT.
WE WASTE ALMOST THREE MINUTES, ACCORDING TO A CITY REGULATIONS AND THE WATER WENT TO 65.
THE SAME ISSUE WAS 80 WAIT, THREE MINUTES.
AND THE WATER DOESN'T GO IS, UM, I WENT TO, IS THIS MORE UNITS THAT I WORKED THROUGH, BUT IT'S THE SAME ISSUE, HARDWARE.
IT DOESN'T MEET THE 110 DEGREES.
FAHRENHEIT IS REQUIRED BY THE CITY.
THIS IS A CONTEST TO OUR 85 52.
THAT'S A MAILING ADDRESS THAT THEY USE FOR THE MAIN ADDRESS.
THIS IS ANOTHER UNIT IN BUILDING B 2101.
WE TOOK THE, THE WATER TEMPERATURE.
WE WAIT THREE MINUTES AND, UM, NEXT PLEASE.
HE JUST WENT OVER 110 AS LIKE I MENTIONED BEFORE, IT WAS THE FIRST UNITS ALWAYS GOT HOT WATER.
USE THE FIRST UNIT THAT IS THERE.
IT'S 2238, AND IT WILL 60 DEGREES STARTING THREES.
MIDDLE LATER IN PICTURE AGES GO ABOUT 65 DEGREES.
FOR 8 22 41, THEY SEE AN ISSUE STARTING TEMPERATURE WAS ABOUT 65.
AND IT ALSO GO MORE THAN 65 AFTER THREE MINUTES BUILT IN, SEE THERE A CONTEST TO OUR ADDRESS FOR MILLION OTHERS.
A BRILLIANCY WENT TO UNITARY 1 0 1, STARTING AT 63, AND THEN IT GOES ABOUT 65 DEGREES AT THE THREE MINUTES, UNIT 31, 11 STARTING ABOUT 65 DEGREES.
AND AS THEY'RE WAITING THREE MINUTES AGO, IT DIDN'T GO.
NOW WE JUST STAY IN THE SAME TEMPERATURE UNITARY 1 26, IT START ABOUT 65 DEGREES.
AND AFTER THREE MINUTES IT WENT OUT ABOUT, AND YOU'LL BE OVER 110.
AND THIS IS GOING TO BE BUILDING ACE, A C WITH A THERE'S A CONTEST OR ADDRESS BILLING ADDRESS 45 40 OR NO LAMAR.
WHEN YOU GO INTO A UNIT 42 14, WE START WITH 63 AND IT WENT UP FROM ABOUT 70 DEGREES UNIT 42, 27.
THIS IS, UM, ALL MY PRESENTATION LIKE, UM, LET'S CONCLUDE HERE.
I'M OPEN TO ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE 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 EIGHT G FOR BUILDINGS, A THROUGH D CONSISTING OF ALL ODD NUMBERED EXHIBITS, WHICH INCLUDE STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS AND EVEN NUMBERED EXHIBITS, 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.
AND IN EACH OF THE FOUR REFERENCE CASES, ORDER THE OWNER COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO WITHIN FIVE DAYS FROM THE DATE, THE ORDERS MAILED PROVIDE ONSITE TEMPORARY HOT WATER FACILITIES AVAILABLE 24 7 TO ALL RESIDENTS OF BUILDINGS, A THROUGH D THREE WITHIN 30 DAYS FROM THE DATE
[01:15:01]
THAT THE ORDER IS MAILED, MAKE NECESSARY REPAIRS TO THE WATER HEATING FACILITIES SO THAT THE WATER HEATING FACILITIES AND MECHANICAL APPLIANCES FOR BUILDING A THROUGH D ARE PERFORMING THEIR INTENDED FUNCTIONS FOR REQUEST INSPECTIONS FROM AUSTIN CODE, VERIFY COMPLIANCE AND FIVE ON THE 31ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $2,000 PER WEEK IN EACH CASE, WHICH WOULD CONSIST, CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THESE ORDERS ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND SHARE.THIS WOULD BE APPLIED TO FOUR DIFFERENT ORDERS.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS ONE THROUGH EIGHT G AND I BELIEVE WE HAVE A PROPERTY OWNERS EXHIBIT AS WELL.
THAT SHOULD BE AVAILABLE IN YOUR READERS, EVERYONE HERE.
AND ARE YOU ACTUALLY GOING TO WALK US THROUGH THAT EXHIBIT OR IS THAT SOMETHING WE NEED TO JUST LOOK THROUGH ON OUR OWN? YEAH, ACTUALLY, NO, IF IT'S AVAILABLE, WE COULDN'T WALK THROUGH THAT.
AND IF YOU WOULD LIKE TO GO AHEAD AND PROCEED AND PLEASE STATE YOUR NAME AND OF COURSE YOUR RELATIONSHIP TO THE PROPERTY.
I'M GETTING NEW COMMISSIONERS.
UM, 1, 1, 2 EAST PECAN IN SAN ANTONIO.
I'M A REPRESENTATIVE FOR THE, UM, PROPERTY MANAGEMENT COMPANY AND THE OWNERS.
AND WITH ME, I HAVE, UH, MATTHEW GILBERT ALSO WITH BRANDON NORTHEAST.
SO MATTHEW AND I BOTH BEEN WORKING ON THIS CASE TOGETHER JUST TO TRY TO COMPILE AS MUCH INFORMATION AS WE CAN.
AND JUST IN THE LAST FEW DAYS.
WE'RE TRYING TO COMPILE A LOT OF INFORMATION, BUT, UM, AS YOU, AS YOU HEARD IT, THIS IS A LARGE PROBLEM OVER FOUR DIFFERENT BUILDINGS.
AND, UM, THE, UH, IT WASN'T IN OUR UNDERSTANDING.
THIS IS OBVIOUSLY BEING TOLD THIS BY THE PROPERTY OWNER.
IT WASN'T JUST THAT THERE'S JUST NO HOT WATER AT ALL.
UM, THERE ARE TIMES WHEN, YOU KNOW, YOU MEASURE THE, THE TEMPERATURE AFTER THREE MINUTES, BUT IN SOME CASES IT'S SPOTTY.
IF YOU BLUFFED ON FOR 10, IT MIGHT COME IN.
MAYBE IT'S NOT AS HOT IN SOME CASES.
AND SO IT WAS A LITTLE FRUSTRATING FOR THE PROPERTY OWNERS IN THIS CASE, THEY'VE JUST PURCHASED THIS PROPERTY A YEAR AGO.
SO I KNOW THAT I THINK, OR, UM, I BELIEVE THIS, THERE WERE VIOLATIONS PRIOR TO THIS AND THEY WERE PART OF THE REPEATER VENDOR PROGRAM BEFORE THESE, UH, THE OWNERS TOOK POSSESSION.
SO THEY BOUGHT THIS SIGHT UNSEEN.
THEY FROM WASHINGTON, THEY DID NOT REALLY KNOW EVERYTHING ABOUT THESE VIOLATIONS, CERTAINLY NOT THE EXTENT AND WHAT IT WAS GOING TO TAKE TO REPAIR THEM.
SO THEY THOUGHT, OH, I'M SURE THAT WE CAN FIX THIS.
THEY COME IN IMMEDIATELY FIND THAT THEY'RE NOT GETTING THIS HOT WATER AND IMMEDIATELY THEY START TO TRY TO MAKE THESE REPAIRS.
SO, UM, I MEAN, I, I DO BELIEVE IT'S IMPORTANT THAT YOU SEE THE TIMELINE FOR US, STARTING FROM THE DATE OF US OWNING THE PROPERTY, WHICH IS IN MARCH RIGHT AWAY.
THEY STARTED TO MAKE REPAIRS TO TWO HOT SURFACE.
WE HAD SENT AN EXHIBIT THAT SHOWED A, A TIMELINE OF, UM, THE, THE REPAIRS THAT WE HAVE MADE OVER TIME.
I ACTUALLY, I'M SEEING THAT MY EXHIBIT ONLY HAS ONE PAGE.
THE COVER PAGE, YOUR MICROPHONE IS NOT ON, I DON'T HAVE ANYTHING, EITHER YOUR EXHIBIT I'VE GOT A FLASH DRIVE, SO WE MAY BE ABLE TO JUST PUT THEM ON THE SCREEN ONCE.
DO YOU WANT TO CONTINUE OR DO YOU WANT TO WAIT FOR THEM TO CALL? I'LL CONTINUE THAT.
SO PART OF THE FRUSTRATION WAS THAT BECAUSE THERE WAS SOME HOT WATER COMING THROUGH, IT WAS TAKING LONGER, NOT AS HOT, IT SEEMED LIKE, WELL, THERE'S NOT NO HOT WATER.
SO WHAT, WHAT IS THE ISSUE? SO THEY WERE TRYING TO FIGURE OUT WHAT THE LOCALIZED PROBLEM IS.
SO IN, IN MARCH, THEY STARTED, UM, THEY REPAIRED HOT SURFACE IGNITERS.
AND IN APRIL, THERE WERE TEMPORARY LINES RUN FROM SOME OF THE BOILERS.
THERE THERE'S THREE BOILERS ON THE PROPERTY, THREE BOILERS FOR THE FIVE BUILDINGS THAT ARE SERVICING EVERYTHING.
SO THEY RAN TEMPORARY LINES THE SAME, SAME MONTH IN APRIL, THEY SPENT $24,000 TO INSTALL A BRAND NEW BOILER SYSTEM.
SO THEY'RE TRYING TO SOLVE THE PROBLEM THAT THEY THINK IS THE PROBLEM.
AND LATER THAT SAME MONTH, NEW CIRCULATOR PUMP BREAKER, THEY REWIRE THE PROPERTY TO SUPPLY A DIFFERENT BOILER.
THEY, IN APRIL LATER IN THAT MONTH, THEY DID SOME D SCALING ON SOME OF THE PIPING.
THEY THOUGHT THAT WOULD HELP TO TRY TO GET MORE OF THE HOT WATER THROUGH NOW THAT THEY HAD A NEW BOILER IN AND, UH, MAY THEY WERE TOLD BY, AND THIS IS THROUGH THREE DIFFERENT SUBCONTRACTORS.
SO THEY'RE, THEY'RE WORKING THROUGH DIFFERENT PEOPLE WHO ARE TELLING THEM ALL THE SAME THING THAT, OH, NOW LET'S TRY THIS.
LET'S DO THE REWIRING NEXT IN,
[01:20:01]
IN MAY THEY TELL THEM THE PUMP IS THE ISSUE.SO THEY REPLACED AND REPAIRED SOME OF THOSE PUMPS.
THEN LATER IN MAY, THERE WAS, UM, THEY, THEY REDID THE ELECTRICAL TO THE BOILER ROOM IN BUILDING D IN JUNE.
THERE WERE $52,000 IN REPAIRS FOR CROSS CONNECTION ISSUES ON THE ENTIRE PROPERTY.
IN AUGUST, THEY INSTALLED NEW PUMPS ON BUILDINGS, A AND BUILDING C.
UM, AND THEN IN JANUARY OF THIS YEAR, THERE WAS ANOTHER $6,000 SPENT ON BUILDING, PULLING UP A VALVE BOX AND CLEANING OUT THE, THE LINES THAT ARE COMING FROM BUILDING B.
SO OVER THE COURSE OF A YEAR, ALMOST EXACTLY A YEAR, THEY SPENT $106,000 ON TRYING TO ATTACK THE PROBLEM, BUT IT TURNS OUT THEY'VE BEEN HACKING THE WRONG PROBLEM.
SO JUST RECENTLY THEY REALIZED WHAT'S REALLY HAPPENING IS NOT THE BOILER.
IT'S THE, ALL THE LOOP SYSTEM FOR ALL OF THE PIPES ARE COMPLETELY CALCIFIED AND THEY HAVE TO REPLACE ALL OF IT.
SO AS OF FRIDAY, WE GOT A BID FROM OUR FIRST, FROM CENTEX CONTRACTORS FOR $2.3 MILLION TO REPLACE EVERYTHING.
AND THAT IS THE ENTIRE LOOPING SYSTEM FOR ALL THREE BOILERS.
AND THEY DID ASK FOR TWO OTHER BIDS, BUT, UM, THIS IS AT LEAST ONE BID THAT THEY TRUST AND BELIEVE THAT THAT IS, THAT IS THE PROBLEM.
AND THEY HAVE TO DO THE REPAIRS.
SO, UM, ACCORDING TO OUR CLIENT, THEY ARE A HUNDRED PERCENT COMMITTED TO DOING THOSE REPAIRS, TO DOING THE 2.3 MILLION OR WHATEVER THE NEXT BID WILL BE, BUT IT IS REPLACING ALL OF THOSE LINES, BUT IT HAS TO BE IN PHASES.
SO TRYING TO COMPLETE REPAIRS ON THREE BOILER SYSTEMS FOR FIVE DIFFERENT STRUCTURES IN 30 DAYS IS IMPOSSIBLE.
SO WE, WE ARE FULLY FUNDED AND FULLY COMMITTED.
AND WE HAVE THE BIDS NOW TO SHOW THAT WHAT IT IS THAT WE'RE GOING TO DO, I DON'T HAVE A TIMELINE ON THOSE BIDS YET, BUT I DO KNOW IT'S LONGER THAN 30 DAYS.
SO WE ARE, WE'RE HERE TO SAY, THIS IS NOT A QUESTION, SORRY, I'M GOING TO SAY, GO AHEAD AND CONTINUE BECAUSE WE INTERRUPTED YOU AND SURE WE WANT TO HEAR THE REST.
SO, SO IT'S NOT REALLY, IT'S NOT A QUESTION OF, YOU KNOW, WE'RE NOT QUESTIONING WHETHER REPAIRS NEED TO BE DONE OR WHETHER WHAT REPAIRS NEED TO BE DONE, OR EVEN IF WE'RE COMMITTED TO IT.
WE JUST, WE WANT THE TIME TO FINISH EVERYTHING.
UM, WE JUST, AS I SAID, THE BID THAT WE HAVE IS, AND I THOUGHT THAT WAS ONE OF THE ITEMS UP THERE WAS DATED MARCH 18TH.
SO IT WAS FRIDAY THAT WE GOT IT.
AND, UM, YOU KNOW, WE, WE GOT THE, FROM THE CLIENT, AN EMAIL SAYING WE'RE FULLY COMMITTED AND WE HAVE THE FUNDING.
NOW WE'D HAVE TO WORK OUT THE TIMING.
AND, UM, I DON'T KNOW IF, IF REPAIRS TOWARDS VIOLATIONS IN OUR CASE, WE ARE RESIDENTIAL.
WE'RE NOT SINGLE FAMILY RESIDENTIAL, IF THAT APPLIES TOWARDS OFFSETTING THOSE FINES.
SO THAT GOOD QUESTION, BUT WE, THIS HASN'T BEEN A CASE WHERE WE HAVEN'T DONE ANYTHING.
WE HAD BEEN ATTACKING THE PROBLEM THE WHOLE TIME.
SO, UH, I DON'T FEEL LIKE IT'S APPROPRIATE FOR US TO BE FINE, 2000 OR $8,000 A WEEK WHEN WE HAVE THE BID AND THE FUNDS AND THE ABILITY TO, TO FIX ALL THESE THINGS.
I'M GOING TO FOLLOW UP ON THE TEMPORARY SHOWER SITUATION.
IS YOUR CLIENT WILLING AND ABLE TO PROVIDE THOSE? WE HAVE NOT DISCUSSED THAT.
THIS IS THE FIRST TIME I'M HEARING OF THAT.
I DON'T, I'M NOT SURE WHAT THAT LOOKS LIKE IF THEY, UM, I DON'T KNOW IF CODE COMPLIANCE CAN TELL ME WHAT THAT IS.
UM, AND I EVEN TALKED TO THE MANAGEMENT AND SAID, WELL, WE GOT ONE UNIT THAT THEY COULD GO AND TAKE A SHOWER AND GET IT.
UM, I WAS THERE PRESSING WITH ONE 10.
I SAID, WELL, I WORKED IN THE HOUSE.
COULD I GET THE KEY TO TAKE A SHOWER? AND THE SECRETARY SAID, WELL, YOU HAVE TO BE HERE BEFORE 5:00 PM BECAUSE AFTER 5:00 PM, THERE'S NOBODY TO PROVIDE YOU A KEY.
AND, AND EVERYBODY SAY THE SAME.
THERE'S NO WAY WE COULD TAKE THE SHOWERS BECAUSE MOST OF THE TIME PEOPLE COME HOME AS TO 5:00 PM.
THAT MEANS NOT EVEN PROVIDING, AND THEY MIGHT NEED IT AT SIX O'CLOCK IN THE MORNING TO IN THE MORNING IS THE SAME ISSUE.
THEY SAY, I HAD TO WAIT HALF AN HOUR, MAYBE BECAUSE PEOPLE CONFUSE WHAT WARREN BORAT IS AND WHAT HUB WATER IS.
THEY SAY, THEY THINK BECAUSE THE HOT WATER IS WARM IS GOOD FOR THEM, BUT CITY ENVIRONMENTS IN 110, AND SOMETIMES IT'S 55.
AND THEY TOLD ME I HAD TO LET RUN THE WATER FOR AN HOUR BEFORE I GET WARM FOR ME TO TAKE A SHOWER.
AND SOME OF THEM SAID, WELL, I HAD TO GO TAKE A SHOWER OR GO TO MY MOM'S HOUSE.
THIS IS A BIG ISSUE FOR A 476 PEOPLE.
WE HAVE WATER AND THEY'RE NOT PROVIDING NOTHING.
SO, AND TO ANSWER YOUR QUESTION A LITTLE MORE DIRECTLY, TOO, I THINK WHAT I'VE SEEN, AND AT LEAST WHAT I'M PICTURING IS, I MEAN, IT'S LIKE A PORTABLE TRAILER FULL OF SHOWERS THAT CAN BE HOOKED UP AND IT WOULD TAKE QUITE A NUMBER TO SATISFY 476 DWELLING UNITS.
AND I, I DON'T KNOW WHERE YOU RENT THESE, BUT THEY ARE AVAILABLE.
AND THIS IS CERTAINLY SOMETHING YOUR CLIENT NEEDS TO LOOK INTO.
SO, UM, AT THIS POINT, UNLESS YOU HAVE FURTHER QUESTIONS FOR,
[01:25:01]
UH, INSPECTOR VALDERRAMA, I WILL OPEN THIS UP TO MY FELLOW COMMISSIONERS TO ASK QUESTIONS, MICHIGAN.I JUST, I HAVE A COUPLE OF POINTS.
THIS IS MATTHEW DIEGO DIVISION MANAGER FOR THE REPEAT OFFENDER PROGRAM.
I WANTED TO BRING OUT A COUPLE OF POINTS.
I JUST WANTED TO MENTION, AS A MELISSA MENTIONED THAT THIS PROPERTY WAS PREVIOUSLY ON THE REPEAT OFFENDER PROGRAM.
IT CAME ONTO THE PROGRAM IN OCTOBER 1ST, 2015, AND THEN WAS REMOVED AND JUNE 16TH, 2021, AND HE WAS REMOVED DUE TO THE NEW OWNER.
THE NEW OWNER CAME IN REPAIRED.
MANY OF THE VIOLATIONS, ALL OF THEM WERE CORRECTED AND THEY WERE ABLE TO COME OFF THE PROGRAM DUE TO THE ORDINANCE, UH, GIVING THEM THAT OPPORTUNITY.
BUT THEN TWO MONTHS LATER, THEY KNEW, UH, DUE TO THE NUMEROUS DEFICIENCIES OF THE VIOLATIONS ON THE PROPERTY THAT CAME BACK ON THE PROGRAM AS OF AUGUST 30TH, 2021 THAT CAME ON AS A FIVE-YEAR PLAN.
AND, UH, DUE TO THE HOT WATER ISSUES DUE TO THE AIR CONDITIONING ISSUES, UH, JUST NUMEROUS VIOLATIONS ON THIS PROPERTY.
SO THAT'S WHY WE ARE FOR ONCE TO GET ON THE, ON THE PROGRAM.
BUT ONE POINT I WANTED TO BRING OUT WAS WE, WE WENT OUT ON THE PROPERTY BECAUSE THEY HAD TROUBLE WITH THE BOILERS AND WHERE THOSE BOILERS, THEY ACTUALLY REPLACED THEM.
I BELIEVE REPLACED THREE BOILERS THAT THEY REPLACED THEM WITHOUT PERMITS.
AND WE, WE SENT THEM A NOTICE OF VIOLATION, NO PERMITS HAVE BEEN OBTAINED OR WAIT, WE'RE, WE'RE WAITING ADMINISTRATIVE HEARING, UH, FOR THOSE, UH, UH, CITATIONS THAT WE WROTE WHERE THE, WHERE THE BOILERS.
AND, UM, IT'S JUST AN ONGOING ISSUE THERE AT THAT PROPERTY.
THEY ARE NEW OWNERS, BUT THIS IS A PROPERTY THAT HAS OVER 400 UNITS.
AND WE HAVE A LOT OF CALLS DUE TO THE, THE CON THE COMPLICATIONS THAT THEY'RE HAVING ON THIS PROPERTY.
AND IT'S JUST A BIG PROPERTY AND IT'S SOMETHING THAT, UH, NOT TO GET ADDRESSED, BUT I JUST WANTED TO BRING OUT THAT POINT.
UH, DID YOU DO THE PROPERTY REPRESENTATIVES HAVE ANY QUESTIONS FOR, FOR CODE STAFF? UH, NOT A QUESTION COMMENT.
I WAS NOT AWARE OF OTHER VIOLATIONS.
UM, AGAIN, WE'RE TRYING TO GET OUR ARMS AROUND IN A QUICK AMOUNT OF TIME, BUT WE, AT THIS TIME WE ARE, UH, YOU KNOW, MR. MURRAY HAS SAID, WHEN WE CAME ON, WE DID DO ALL THE REPAIRS THAT WE FELT NEEDED TO BE DONE.
I ACTUALLY WAS TAKEN OFF THE PROGRAM.
PUT BACK ON, BUT I, THEY HAVE SHOWN IN LESS THAN A YEAR'S TIME THAT THEY ARE WILLING TO DO REPAIRS.
THIS IS NOT SOMEBODY WHO'S TRYING TO WASTE ANYBODY'S TIME OR NOT JUMP ON IT.
THEY JUST HAVEN'T DONE THE RIGHT ONES AND REPLACED BOILERS WITHOUT PERMITS AGAIN.
YES, THAT'S A VIOLATION, BUT THEY WERE TRYING TO ATTACK THE PROBLEM.
SO I MEAN, THIS, FOR WHAT IT'S WORTH, THIS IS A, AN OWNER THAT IS TRYING TO FIX THIS.
THIS IS, THEY'RE NOT TRYING TO LEAVE PEOPLE IN THE LURCH.
IT'S, UH, THEY HAVEN'T FIXED EVERYTHING, REPLACING THE BOILERS.
THEY THOUGHT FOR SURE THAT WOULD DO IT.
SO NOW WE HAVE TO DO A LARGER EXPENSE.
UM, FELLOW COMMISSIONERS, ANY QUESTIONS OR COMMENTS? I HAVE A QUESTION.
UM, WHAT TIMEFRAME ARE YOU SEEKING IN TERMS OF, UM, WHAT DO YOU THINK IS REASONABLE THERE, THERE SHOULD BE, YOU KNOW, IN THEORY, UH, SOME SORT OF TIMELINE IN 30 DAYS IS TOO SHORT IS WHAT YOU SAID.
SO WHAT ARE YOU ASKING FOR? RIGHT.
SO WHAT I'D LIKE, UH, WHAT I'M THINKING ABOUT IS THAT WE WANT TO HAVE INCENTIVE AND YOU WANT TO SHOW THAT WE'RE MOVING SO THAT WE WOULD, UM, PUT A TIMELINE US TO ACTUALLY CHOOSE THESE BIDS AND ACTION AND START THAT PROCESS WITHIN WHATEVER THE TIMELINE THAT IS 30 DAYS OR WHATEVER THE IS REASONABLE IN THE COMMISSION'S OPINION TO SAY, COME BACK TO US.
IF YOU HAVEN'T STARTED IT, THEN WE CAN START LOOKING AT, UM, FINES ON A LATER DATE.
SO THAT'S WHAT I WOULD ASK FIRST IS JUST GIVE US TIME TO ACTUALLY PICK THE BID AND START THE WORK.
UM, AND THEN AT LEAST I'LL KNOW HOW LONG THAT TIMELINE IS.
THEY CAN ACTUALLY SHOW US, THE CONTRACTOR CAN SAY, IT'S GOING TO TAKE US 90 DAYS OR WHATEVER IT IS.
BUT AT THIS POINT I DON'T HAVE THAT YET.
SO I'D LIKE THE TIME TO JUST BE ABLE TO COME BACK AND SAY, WE STARTED AND WE HAVE THE TIMELINE.
SO YOU'RE SAYING YOU DON'T KNOW HOW LONG IT'LL TAKE.
I DON'T KNOW HOW LONG IT'LL TAKE, BUT IN A, I'M IMAGINING IN A SHORT AMOUNT OF TIME, I WILL MEANING IN THE NEXT FEW WEEKS THEY RECEIVE THOSE OTHER BIDS, PICK THE BID, WE'LL HAVE A TIMELINE, UM, GO AHEAD AND COMMISSION OKLAHOMA DAY.
UM, WELL THANK YOU FOR ALL THAT INFORMATION, BY THE WAY.
UM, I THINK MY MAIN CONCERN IS I KNOW THE OWNERS, THE NEW OWNERS HAVE BEEN MAKING BEST EFFORTS IN SOME WAYS, UM, TO FIX PRIOR VIOLATIONS AND THINGS.
UM, MY CONCERN WITH A HOT WATER SITUATION IS WE DON'T EVEN HAVE A PLAN FOR THE CURRENT RESIDENTS
[01:30:01]
RIGHT NOW TO GET THE HOT WATER.SO IF YOU CAN MAYBE SPEAK TO WHAT YOU'RE WILLING TO DO TO INVESTIGATE.
CAUSE THE PROPOSED ORDER IS SAYING THAT WITHIN FIVE DAYS FROM TIME OF MAILING, WHATEVER ORDER HAPPENS TONIGHT, UM, WILL THE OWNERS BE ABLE TO PROVIDE A TEMPORARY SOLUTION WHERE PEOPLE CAN ACTUALLY TAKE HOT SHOWERS, UM, YOU KNOW, AFTER WORK OR EARLY IN THE MORNING, WHENEVER THEY NEED TO, INSTEAD OF A RESTRICTED TIMEFRAME WHERE THEY WOULDN'T HAVE ACCESS.
SO THAT'S ONE QUESTION I HAVE FOR YOU, THE REPRESENTATIVES.
UM, AND THEN OF COURSE THE OTHER ISSUE IS, UM, I THINK TIME IS OF THE ESSENCE, EVEN THOUGH YOU HAVE BEEN TRYING DIFFERENT THINGS, BUT THE HOT WATER SITUATION IS, UH, IMPORTANT, VERY IMPORTANT TO THE PEOPLE THAT ARE LIVING THERE AND HOPEFULLY PAYING TO LIVE THERE.
AND, UM, I THINK THEY ALSO HAVE TO USE HOT WATER FOR OTHER THINGS THAT HELP WITH, UM, SAFETY AND HEALTH, LIKE WASHING DISHES AND THINGS LIKE THAT.
SO TO ADDRESS THE FIRST COMMENT, I, WE HAD NOT DISCUSSED THAT WITH THEM ABOUT THE TEMPORARY FACILITIES TO ALLOW SHOWERING ONSITE.
UM, THIS WAS THE FIRST I'M HEARING ABOUT IT.
I HADN'T THOUGHT ABOUT IT JUST BECAUSE, UH, THAT'S THIS I'VE NOT BEEN IN THIS SITUATION BEFORE, BUT THAT IT MAKES SENSE IF THERE IS A FACILITY THAT CAN PROVIDE A TEMPORARY HOT WATER SHOWERS TO THEM.
I CAN'T IMAGINE THE OWNERS WOULD SAY NO TO THAT.
UM, WE WOULD, WE WOULD JUST, I DON'T KNOW WHAT THAT LOOKS LIKE RIGHT NOW, BUT MEANING I DON'T KNOW WHAT COMPANY IT IS OR HOW MUCH IT COSTS OR HOW LONG, HOW MANY UNITS YOU NEED, YOU KNOW, THE ACTUAL DETAILS OF IT.
BUT THE GENERAL IDEA OF WE LET'S FIND THEM SOME SOLUTIONS.
WE WOULD WANT TO TALK TO THEM ABOUT THAT AND PROVIDE THAT TO, AND IN A VERY SHORT TIMEFRAME HE UNDERSTANDS.
UM, I WANTED TO KNOW, I TOTALLY AGREE WITH THE COMMENTS THAT, UM, COMMISSIONER A GOOMBA WAS JUST MAKING PEOPLE NEED HOT WATER NOW.
SO THAT, THAT SHOULD BE PRIORITIZED.
HOW LONG HAVE THEY BEEN WITHOUT HOT WATER? AND THIS MIGHT, I'M NOT SURE WHETHER THAT'S A COMMISSION FOR THE, UH, QUESTION FOR THE OWNERS OR FOR THE INSPECTOR.
WELL, THEY HAVE THIS ISSUE SINCE THE LAST FROZE LAST YEAR, HOW WATER COMING IN, COMING OUT.
UH, BUT THE LAST MINE, IT BECOME A MAJOR ISSUE THAT WE GET RECEIPT ABOUT MORE THAN 50 COMPLAINTS ON MY LIST THAT PEOPLE COMPLAIN ABOUT NOT HAVING HUB WATER.
THIS HAS BEEN FOR A WHILE, OR LIKE THE, HE SAID, THEY MENTIONED THEY REPLACED THE BOILER.
THE WATER WAS GOOD FOR FEW FEW WEEKS, FOR A MONTH OR TWO.
THEN AFTER THAT I STARTED HAVING THE SAME ISSUE.
AND, UM, FOR THE LAST FEW MONTHS, HAS IT BEEN GOING ON THAT PEOPLE, LIKE I SAY, I GOT ABOUT MORE THAN 50 COMPLAINTS ON MY, ON MY RECORD WHERE PEOPLE CAN SAY WE DON'T HAVE A WATER.
WHAT ARE WE GOING TO DO? AND SPEND HALF OF THE WEEK IN THAT PROPERTY WITH COMPLAINANT.
SO WAS THIS SOMETHING THAT BEGAN WITH THE, WITH, UM, THE STORM LAST YEAR? YES.
UM, YEAH, I MEAN, THIS IS REALLY A HEALTH AND SAFETY ISSUE, CLEANING DISHES, THINGS LIKE THAT.
AND I KNOW AFTER, UM, THE SUPERSTORM YURI OR WHAT, I DON'T KNOW WHAT WORD SNOWMAGEDDON, WHATEVER WE'RE CALLING IT.
WE SAW OTHER CASES WHERE PEOPLE HAD LOST ACCESS TO HOT WATER.
AND WE DID SEE SOME PROPERTIES THAT HAD, UH, BROUGHT IN THESE KINDS OF, UM, TRAILERS THAT HAD MULTIPLE SHOWERS IN THEM.
YOU KNOW, I'M SURE THAT, UM, THINGS LIKE THAT ARE PRETTY READILY AVAILABLE.
AND I THINK THAT REALLY THAT'S PART OF THE ORDER RIGHT NOW.
IT SAYS WITHIN FIVE DAYS, AND I THINK THAT REALLY HAS TO BE A PRIORITY.
AND I I'D LIKE TO PROPOSE THAT WE CLOSE THE PUBLIC HEARING UNLESS OTHERS OBJECT DOES ANYONE OBJECT TO ANYONE.
SHARE BEFORE WE CLOSE THE PUBLIC HEARING.
UH, WE ALSO HAVE THOSE EXHIBITS THAT WE COULD SHOW ON THE SCREEN IF THE PROPER INTERNATIONAL WANT THEIR EXHIBITS SHOWN.
SO THIS IS THE ACTUAL WORK THAT HAS BEEN COMPLETED OVER THE LAST YEAR.
IS THIS, WHAT IS THIS? AND I ASKED THAT, THAT BE SHARED WITH THOSE OF US ONLINE BECAUSE WE CAN'T REALLY SEE THOSE EXHIBITS.
WE ONLY HAVE THEM ON THE SCREEN.
WE CAN'T DO A SCREEN SHARE WITH US.
UH, HE'S TRYING TO, RIGHT NOW, IT'S, THEY'RE GOING TO BE IN INDIVIDUAL FILES THOUGH.
[01:35:01]
IT'S, IT LOOKS LIKE ITS INVOICES FROM THE LAST YEAR OF VARIOUS REPAIRS THAT HAVE BEEN DONE.AND THERE'S A SUMMARY SHEET AS WELL, THAT SHOWS ALL OF THEM ON THE SUMMARY SHEET WOULD BE REALLY HELPFUL TOO.
THAT'S THAT'S A PROPOSAL AND AN ACTUAL PROPOSAL FOR ALL THE NEW FOR REPLACING THE ENTIRE LOOP.
WE SENT A LOT OF INVOICES AND I'M SORRY, IS THERE A CONCERN WITH SHARING THIS BID, IF THEY'RE STILL SOLICITING BIDS? UH, WE ASKED THE CLIENT AND THEY SAID DON'T OKAY.
SO THAT WAS THE LAST THING WE WERE WAITING ON FROM THEM BEFORE WE SENT IT.
AND IF I UNDERSTAND YOU CORRECTLY PROVIDED A PROPOSAL WITH NO DATES WHATSOEVER ABOUT WHEN WE CAN START, WHEN WE COULD THOUGHT WE MIGHT COME COMPLETE.
IS THAT WHAT YOUR THAT'S CORRECT? YOU CAN.
UH, IT'S UM, IT'S ONE OF THE ITEMS THAT THEY HAD PUT UP ON THE SCREEN, BUT NO, IT DOES NOT HAVE A TIME, LIKE THE TIME OR START DATE INSTALLATION OF NEW LOOSER PERFORMED A MINIMIZE INTERRUPTIONS TO TENANTS WILL REQUIRE SOME LEVEL OF COORDINATION WITH PROPERTY AND TEMPORARY SHUTDOWNS, BUT OTHERWISE NO SPECIFIC TIMELINES.
AND I APOLOGIZE, MAYBE THE, THE SUMMARY SHEET WAS AS PART OF A WORD DOCUMENT.
AND IT WAS A, A COLLEAGUE OF MINE THAT SENT THAT ALL ENTERED THAT MAY HAVE BEEN A SEPARATE SHEET, BUT, UH, I DID NOT RECEIVE THAT.
THAT THAT'S VERY POSSIBLE, BUT WE DID HEAR YOUR SUMMARY THAT'S YEAH.
I WAS LISTING THE SUMMARY FROM OUR SUMMARY SHEET AND THEN WE HAVE THE INVOICES FROM THE ACTUAL MONEY SPENT, UM, IS WHAT WE SENT IN AS WELL.
UM, MS. MS. ALLIE, I'M NOT ENTIRELY CLEAR.
SHOULD I ADMIT THESE EXHIBITS ONE BIG EXHIBIT? YOU COULD ADMIT THEM AS ONE BIG EXHIBIT, IF YOU'D LIKE TO THERE'S IT'S JUST A NUMBER OF INVOICES THAT HE'S SHOWING I HAD COMBINED THEM ALL AND I CAN'T FIND THAT DOCUMENT, SO.
I WILL GO AHEAD AND ADMIT THE, UH, PROPERTY REPRESENTATIVES OR EXHIBITS, WHICH WERE THE INVOICES FROM THE LAST YEAR OF REPAIRS THAT HAVE BEEN DONE TO THE VARIOUS BOILER SYSTEMS AND THEN THE, UH, THE ONE BID THAT YOU'VE RECEIVED SO FAR FOR THE WORK THAT STILL NEEDS TO BE DONE.
SO THE COMMISSIONERS WHO ARE REMOTE, DO YOU, ARE YOU ABLE TO LOOK AT ANY OF THIS? WELL, THE INVOICE FOR $600, SO YOU CAN SEE ONE, WAS IT TO THE GOOGLE DRIVE.
IT WAS, BUT THEY, THERE WAS A PRO ERROR WITH THE FILE, AS WE JUST SAW WHAT SOMEBODY WAS SHOWING US ON THE SCREEN, KIND OF, YEAH, THERE WAS A, NOW THERE WAS AN ERROR WITH THE FILE.
SO, UM, WE'RE HAVING TO SHOW THEM TO YOU INDIVIDUALLY AS PDF FILES.
I THINK FOR THOSE OF YOU WHO ARE REMOTE, IS THERE ANYTHING IN PARTICULAR YOU WOULD LIKE TO SEE OR ARE YOU GOOD WITH US MOVING ON FROM HERE? WELL, IF THERE'S SOME SORT OF SUMMARY THAT SAYS, WHAT'S THE SITUATION, NOW WHAT'S THE LATEST ID OR WE WEREN'T SENT, WE DID NOT RECEIVE THE SUMMARY, SO WE DON'T HAVE THAT.
IT'S BASICALLY JUST WHAT MR. MCKNIGHT HAD TESTIFIED TO JUST NOW.
HAVE WE CLOSED THE, UH, UH, DISCUSSION? NO, NOT YET.
WELL, UM, THIS, UH, THERE'S SOME HISTORY TO THIS.
UH, THE PALMS WAS, UH, UM, UH, A LACK OF DATA, UH, UH, LOCATION ABOUT 15 YEARS AGO.
AND, UH, INVESTOR CAME IN HERE, UM, ROYCE FROM HOLLAND AND, UH, UH, WITH A LOT OF POKING AND BROUGHT IN FROM THE, UH, NORTH AUSTIN SHOULD ASSOCIATION, ELDERLY LADIES, UH, REALLY REHABILITATED TO PLACE AND GOTTEN INTO PRETTY GOOD SHAPE.
UH, THEN HE, UH, EVENTUALLY SOLD IT OFF TO ANOTHER PROPERTY, UH, THAT ACTUALLY WE HEARD ABOUT A BUNCH OF TIMES, BUT, UH, REALLY HAVING A HARD TIME UNDERSTANDING WHY THE PROPERTY THAT WAS UPGRADED WITHIN THE LAST 10 TO 15 YEARS AS FALLING IN SUCH DISREPAIR THAT, UH, UH, THE CURRENT OWNERS, UH, APPARENTLY DID NOT, UH, MAINTAIN, UH, THE, UH, THE INFRASTRUCTURE.
SO I'D BE CURIOUS TO HEAR WHAT THEY HAVE TO SAY ABOUT THAT.
[01:40:03]
THIS IS IN THE DISTRICT, ANY DETERIORATION, I WOULD SAY THAT INNER DETERIORATION, THE MAJORITY OF THE PLACE WAS THE, IF THIS WAS 15 YEARS AGO, WOULD HAVE BEEN 14 YEARS PRIOR TO US TAKING OVER ON THE PROPERTY.I MEAN, THE, THE PROBLEMS THAT WE SEE HERE STARTED AROUND THE TIME AFTER THE WINTER STORM URI ARE MAINLY AROUND THAT TIME, WHICH WAS RIGHT WHEN WE TOOK POSSESSION OF THE PROPERTY WAS MARCH 5TH.
SO IT'S JUST TWO WEEKS AFTER THE STORM.
UM, SO THE MAJOR DISTRICT DISREPAIR OF ANY OF THE INFRASTRUCTURE, UM, I'M GUESSING WOULD NOT BE OUR FAULT SINCE WE WERE, WE TOOK OVER IT AFTER IT WAS ALREADY THAT WAY.
COMMISSIONER STILL STUD, AND THEN A COUPLE QUESTIONS FOR MR. MCKNIGHT.
UM, FORGIVE ME IF THIS IS, YOU MENTIONED THE, THE LOOPING HAD TO BE BAKED, THAT IT IS.
IN OTHER WORDS, WHEN YOU TALK, YOU TELL ME A LITTLE BIT MORE ABOUT THAT.
DO YOU KNOW WHY IT HAS TO BE DONE IN PHASES AS OPPOSED TO ALL AT ONCE? IF THAT'S NOT TOO TECHNICAL A QUESTION.
SO THE BEST I CAN SAY IS THAT, THAT THE PHASING PHRASE THAT I'M USING IS FROM THE BID FROM CENTEX CONSTRUCTION.
AND, UM, PART THAT I READ EARLIER IS JUST BECAUSE OF THE DIFFERENT STRUCTURES, I THINK THEY WERE SAYING WE WOULD DO ONE STRUCTURE AT A TIME.
I'M ASSUMING THAT'S WHAT THEY MEAN, BUT THAT, THAT IS THERE'S NO, UM, THIS IS THEY'RE THREE SEPARATE LOOPS SERVING FIVE CLUSTERS.
WE REPLACED THE LOOP IN PHASES.
SO, YEAH, SO THE REASON I ASK IS BECAUSE I CAN IMAGINE, I CAN IMAGINE THAT HAVING TWO, TWO OR MORE IMPLICATIONS, ONE MIGHT BE THAT ONE, UH, PHASE WAS THE PREREQUISITE OF ANOTHER, WHICH WAS A PREREQUISITE OF ANOTHER, SO THAT NO MATTER WHAT YOUR RESOURCES, YOU COULDN'T DO THE SECOND UNTIL YOU DID THE FIRST, AND YOU COULDN'T DO THE THIRD UNTIL YOU DID THE SECOND AND SO ON, BUT I COULD ALSO IMAGINE IT MEANING THAT GIVEN THE RESOURCES OF THE PARTICULAR CONTRACTORS, MAKING THE BED, JUST GIVEN THEIR CAPACITY, THEY CAN ONLY WORK ON SO MUCH AT A TIME.
AND SO IT WOULD BE NECESSARY FOR THEM TO DO IT SORT OF STEREOTYPE THEM AS OPPOSED TO ALL AT ONCE.
AND SO I GUESS I'D BE CURIOUS TO KNOW IF YOU KNOW, THE ANSWER AS A PRACTICAL MATTER, WOULD IT BE POSSIBLE TO JUST GET AN ARMY OUT THERE TO GET THREE DIFFERENT CONTRACTORS THAT ARE, HAVE THIS CONTRACTORS GET THRICE AS MANY SUBS AND DO THREE PHASES AT ONCE? IS THAT, IS THAT TECHNICALLY POSSIBLE OR IS THERE SOME MECHANICAL ENGINEERING IMPEDIMENT TO DOING THAT? I CAN ASK THEM THAT QUESTION.
WHEN I READ THE PHASING, I ASSUMED IT WAS WHAT YOU SAID ABOUT THE LIMITATIONS OF THE CONTRACTOR AND THE, THE MEN THAT THEY HAD.
AND THAT STRIKES ME AS SIGNIFICANT BECAUSE, UH, MY FELLOW COMMISSIONER SAID EARLIER TIME IS OF THE ESSENCE ON THAT.
UM, AND ANOTHER QUESTION ABOUT THE BOILER.
SO WE'RE TOLD BY A DIVISION MANAGER NORIEGA THAT THE BOILERS WERE REPLACED WITHOUT PERMITTING.
YOU KNOW, IT STRIKES ME THAT AMONG THE RATIONALE FOR REQUIRING A PERMIT FOR ANY KIND OF WORK, IS THAT WHEN A JOB IS DONE PERSONAL TO PERMIT IT, IT SHOWS SOME EVIDENCE THAT THE CONTRACTOR IS DOING IT AS ABOVE BOARD AND SO FORTH.
AND IT'S HAPPENING TO A FINAL INSPECTION BEFORE IT'S CLOSED AND EVERYTHING.
SO WE, WE CAN BE ASSURED THAT THE WORK WAS DONE PROPERLY.
IS THERE ANY POSSIBILITY THAT THERE WAS A MISDIAGNOSIS? YEAH.
IN OTHER WORDS, IF, UH, IF YOU HAD CONTRACTED WITH AN ABOVE-BOARD CONTRACTOR IN THE FIRST PLACE, HE WOULD HAVE SAID, OH, NO, YOU DON'T NEED TO DO THESE BOILERS.
YOU NEED TO DO THIS LOOPING, OR IS IT POSSIBLE THAT THERE WAS A PROBLEM WITH THE BOILERS, BUT BECAUSE THEY'VE NEVER BEEN FINALLY INSPECTED PURSUANT TO A PERMIT, UH, THAT, UH, THE, MAYBE THERE STILL IS A BOILER ISSUE OF IT JUST HASN'T BEEN ADDRESSED.
BUT I GUESS WHAT I'M SAYING IS YOU'RE COMING FORWARD WITH ALL OF THESE INVOICES.
THAT'S SORT OF A SHOW OF GOOD FAITH AND DUE DILIGENCE THAT THE, THAT THE OWNER HAS BEEN SORT OF ATTACKING THIS PROBLEM DILIGENTLY BY.
I WONDER IF I WONDER WHAT READINGS WE, AS A, AS A, AS A COMMISSION SHOULD GIVE THIS ACTIVATION OF DILIGENCE IN LIGHT OF THE FACT THAT A LOT OF THIS WORK IS BEING DONE IN THE DARK, YOU KNOW, WITHOUT, UH, WITHOUT A PERMIT OR INSPECTION, HAVE YOU SPEAK TO THEM? I, I DON'T KNOW HOW MUCH OF THIS WAS WITH A PERMIT OR WITHOUT WE WAS, BECAUSE IT WAS THREE DIFFERENT CONTRACTORS.
AND BECAUSE THEY SENT IT TO US WITH ALL THESE INVOICES, I HAD MADE THE ASSUMPTION THAT THEY HAD GOTTEN PERMITS.
I WAS NOT AWARE THAT FOR INSTANCE, THE BOILER REPLACEMENT DIDN'T HAVE IT.
UH, SO I DON'T KNOW THE FULL EXTENT OF WHAT WAS PERMITTED AND WHAT WASN'T, BUT BETWEEN THREE DIFFERENT CONTRACTORS THAT THEY WERE ALL DE MISDIAGNOSING.
AND IF THE CITY WAS NEVER INVOLVED, PERHAPS THAT WAS PART OF THE PROBLEM.
I CAN ANSWER A COUPLE OF QUESTIONS JUST ON THAT BOILER.
THIS IS DIVISION MANAGER, MATTHEW NORIEGA, WHEN THEY REPLACED THE BORDERS, UH, THAT'S WHERE
[01:45:01]
THEY COULD HAVE SEEN WHERE THE CALCIUM WILL BUILT UP IN THOSE LINES.SO THAT, THAT SHOULD HAVE BEEN THE FIRST INDICATION THAT'S WHERE THE PROBLEM WAS AT.
SO REPLACING THAT BORDER, THAT THAT'S WHERE THAT CALCIUM JUST STARTED BUILDING UP.
AND, AND JUST AS GREEN, UH, COMMISSIONER GREEN MENTIONED IN ANOTHER PROPERTY, WE, WELL, WE WENT OUT TO THAT PROPERTY.
THE BOARD IS REPLACED, BUT THEN THE HEAT THAT THEY HAD, THOSE BONERS GENERATE, IT JUST CAUSES MORE CALCIUM BUILDUP IN THOSE COPPER LINES.
SO IT, THE COPPER LINES RIGHT NOW ARE JUST FULL OF CALCIUM.
THERE, UH, THERE'S A D SCALING ISSUE THAT YOU CAN SCALE THE PRICE OF CHEMICALS, BUT I DON'T KNOW IF THAT WAS AN OPTION THAT THEY LOOKED AT, BUT THOSE ARE THINGS THAT, UH, THEY, THEY CAN LOOK AT TO OBTAIN BIDS FOR THE SCALING.
BUT SOMETIMES THAT DOESN'T ALWAYS WORK.
REGROUPING WOULD PROBABLY BE THE BEST BET BECAUSE THEN YOU'RE AVOIDING THOSE, THOSE LINES AND YOU YOU'RE PUTTING NEW LINES.
SO TO CAUSE TO, TO AVOID THE CALCIUM BUILDUP, BUT, UH, THOSE BORDERS BEING REPLACED WOULD HAVE CAUGHT THAT THE CALCIUM WAS IN THAT LINE, UH, DIVISION MANAGER, IF I MAY FOLLOW UP ON THAT, I DON'T MEAN TO ASK YOU TO SPECULATE, BUT, BUT IT SOUNDS LIKE WHAT YOU'RE SAYING IS THAT THIS ISSUE VERY WELL MAY HAVE BEEN ADDRESSED SOONER.
IT MIGHT'VE BEEN SPOTTED SOONER.
IT HAD THE PERMITTING BEEN IN COMPLIANT WITH IT WOULD HAVE BEEN CAUGHT YESTERDAY, THE PERMIT PROCESS.
AND WHILE I HAVE YOU, I'M SORRY, THIS, I THINK THIS IS A QUESTION FOR CODE, BUT HOW FAR IN ADVANCE OF THESE HEARINGS ARE THE PROPOSED ORDER IS GIVEN TO THE PROPERTY OWNERS.
D DO YOU KNOW THAT AS ARE THOSE I'LL BE ON THE ORDER? SO I'M GOING TO START PROBABLY SOMETHING MELANIE ELDERLY WITH THAT.
UM, CAN I, UH, THANK YOU, UM, DIVISION MANAGER, UH, MOUNTAIN CHAIR.
CAN I, CAN I DRANK THAT QUESTION THEN? MS. ALLIE, I'M SORRY TO JUMP ALL OVER THE PLACE HERE, BUT HOW SOON THESE ARE THESE RECOMMENDED ORDERS THAT WE SEE IN OUR, OUR BOOKS.
UM, WE GET THEM, YOU KNOW, AN HOUR BEFORE THE HEARING GIVE OR TAKE, HOW SOON DID THE, BEFORE THE HEARING ARE THE PROPERTY OWNERS AWARE OF THE RECOMMENDED ORDER THAT COMES THROUGH, THEY ARE NOT AWARE OF THE RECOMMENDED ORDER.
AND UNLESS THE CODE OFFICER COMMUNICATES THAT WITH THE PROPERTY OWNER OR THEY CALL ME, AND I COMMUNICATE THAT WITH THEM, THEY ARE NOT REALLY AWARE OF WHAT'S PROPOSED.
I JUST, THAT MIGHT, THE REASON FOR THE QUESTION WAS THAT MR. MCKNIGHT HAD MENTIONED THAT THIS WAS THE FIRST, UM, OCCASIONALLY HE'D HAD TO CONSIDER THE, UM, UH, THE ISSUE OF TEMPORARY OF TEMPORARY FACILITIES.
AND IF THAT WAS PART OF THE ORDER, UH, I, I WAS CURIOUS AS TO WHETHER THERE WAS ANY ADVANCED NOTICE.
UM, BUT I THINK THAT'S ALL THE QUESTIONS I HAVE FOR NOW.
SO WITH THAT, UM, I THANK YOU, MR. MCKNIGHT.
UM, THANKS, MADAM CHERYL YIELD.
UH, REALLY AREN'T COMMISSIONER FERERRO I SAW YOUR HAND UP.
I DON'T KNOW IF YOUR QUESTION IS STILL SOMETHING YOU WANT TO ASK.
OH, OTHER COMMISSIONERS QUESTIONS, COMMENTS.
YEAH, I DO HAVE A COUPLE OF FOLLOW-UP QUESTIONS.
SO WE'RE TALKING ABOUT FIVE STRUCTURES WITH THREE BOILERS THAT WOULD COVER ALL FIVE STRUCTURES, CORRECT? THAT'S RIGHT.
HOWEVER, YOUR TALK, WE ALSO HEARD ABOUT FORTY FOUR HUNDRED AND SEVENTY SIX UNITS.
WELL, THAT'D BE ALL THE FIVE STRUCTURES OR JUST BUILDINGS A THROUGH D DO YOU UNDERSTAND THE 4 76 IS THE ENTIRE COMPLEX ALL FOR THE ENTIRE COMPLEX? HOW MANY, UH, HOW MANY BUILDINGS IN THE ENTIRE COMPLEX? IS IT FIVE? I BELIEVE EACH ONE IS CALLED A BUILDING, BUT I THINK THERE'S, IT'S MADE UP OF A FEW.
I THINK IT'S MORE LIKE 18 TOTAL.
ONE STRUCTURE IS MADE UP OF A FEW OF THEM, A FEW BUILDINGS.
SO WHEN WE'RE TALKING ABOUT A THROUGH D HOW MANY UNITS DO YOU THINK WE'RE TALKING ABOUT? I'M JUST TRYING TO GET, WRAP MY HEAD AROUND THIS AND SEE IF, UM, WITHIN THE PHASING THAT YOUR CONTRACTOR HAS PROPOSED, WHETHER CERTAIN, YOU KNOW, UNITS COULD BE ADDRESSED FIRST AND ALLOW THESE PEOPLE, UM, TO HAVE ACCESS TO CERTAIN, YOU KNOW, BUILDINGS INSTEAD OF YOU HAVING A TEMPORARY STRUCTURE, MAYBE THEY COULD HAVE THOSE BUILDINGS THAT ARE NOT OCCUPIED YET.
I DON'T KNOW WHETHER THEY'RE ALL OCCUPIED THOUGH.
I WOULD SAY IT'S ABOUT AROUND THREE 50 FOR THOSE BILLINGS.
UM, BUT YEAH, I MEAN, THAT CAN CERTAINLY BE PART OF IT WOULD DRESS WHATEVER, IF IT IS PHASED THAT WE WOULD ADDRESS THE ONES THAT ARE WHAT WE HAD SEEN, OR WE'VE BEEN TOLD US THAT THOSE THAT WERE FURTHEST AWAY FROM WHATEVER BOILER WERE THE ONES THAT WERE EXPERIENCING THE MOST ISSUE.
SO THAT THAT'S WHERE WE WOULD START.
THAT'S, THAT'S A GOOD WAY TO THINK ABOUT IT.
[01:50:01]
I, I THINK THE OTHER THING THAT WE'RE ALL WANTING TO HEAR FROM THE OWNERS AND YOU ARE THE REPRESENTATIVES THAT ARE HERE TONIGHT AND YOU HAVEN'T BEEN INVOLVED ALL THROUGH.SO I APPRECIATE YOU COMING PREPARED AND BRINGING ALL THIS INFORMATION.
UM, THERE HAS BEEN A LOT DONE AND AS COMMISSIONER STILL SAID, ALREADY SAID SOME OF THE WORK WASN'T DONE UP TO PAR, AND SOME OF IT IS PROBABLY BECAUSE THE CONTRACTORS CUT CORNERS AND TOOK SHORTCUTS.
SO WHAT I WOULD LIKE TO HEAR TONIGHT IS PROBABLY MORE OF A CONFIDENCE AS TO HOW WE'RE GOING TO RESOLVE TEMPORARILY, UM, AND QUICKLY THE HOT WATER SITUATION, BECAUSE IT HAS BEEN GOING ON FOR A LITTLE WHILE.
UM, THE NEW OWNERS, UH, TOOK OVER ONCE RIGHT AFTER THE STORM.
SO THEY ALREADY WERE AWARE THAT, UM, THE WEIGHT ISSUES.
AND SO I'M VERY CONCERNED ABOUT THE ACTUAL HUMANS THAT ARE IN THIS UNITS AND SOME OF THEM PROBABLY HAVE CHILDREN, BABIES AND THINGS.
SO WE NEED TO JUST MAYBE HEAR SOMETHING I'D LIKE TO HEAR SOMETHING ABOUT WHETHER THE OWNERS HAVE BEEN BRAINSTORMING ANY SORT OF SOLUTION BESIDES JUST, YOU KNOW, GETTING THIS OTHER CONTRACTORS IN AND SEEING WHAT HAPPENS.
UH, THE PROPERTY OWNER HAS BEEN IN COMMUNICATION WITH RESIDENTS WHO ARE EXPERIENCING A LACK OF WATER.
UH, THEY HAVE MOVED AT LEAST ONE RESIDENT TO A UNIT THAT DOES RECEIVE, UM, CONSTANT HOT WATER.
AND THEY DO HAVE A WAIT LIST OF OTHER RESIDENTS WHO ARE EXPERIENCING THE SAME ISSUES TO MOVE THEM AS WELL.
SO, I MEAN, THOSE ARE SOME OF THE SOLUTIONS THAT WE'RE LOOKING AT SO FAR, BUT AT A BROADER SCALE, I YOU'RE RIGHT.
THAT, THAT IS, UH, THE, THE HUMAN PROBLEM IN THIS IS, IS BIG.
AND UNFORTUNATELY WE HAVE NOT TALKED, I HAVEN'T TALKED TO MY CLIENT ABOUT THAT ABOUT EXACTLY WHAT THAT LOOKS LIKE AND WHAT, UM, YOU KNOW, WHAT COSTS THEY'RE PREPARED TO ENDURE FOR THAT.
I JUST KNOW IF THERE, IF THERE IS A, UH, A SOLUTION THAT WE CAN, CAN HELP PEOPLE.
I CAN'T IMAGINE THEY WOULDN'T GO WITH IT.
WE JUST HAVEN'T HAD THAT DISCUSSION YET.
ACTUALLY, I'M GOING TO ADDRESS A COUPLE OF QUESTIONS TO INSPECTOR VALDERRAMA, UM, PARTICULARLY ABOUT THE UNIT COUNT.
DOES IT SOUND RIGHT? THAT 350 UNITS WOULD BE ADDRESSED AND DEVASTATED IS, UM, 22 BUILDINGS AND 4 76, JUST ONE BUILDING THAT DOESN'T HAVE HOW WATER IS BUILDING, BECAUSE I BE SEEN NO COMPLAINTS ON THAT AND THAT BUILDING, I COULD MAKE COMMENTS THAT I SPENT ON MARCH 12 AS A, WAS A SATURDAY.
I CAME TO THE PROPERTY AND, UM, I WAS SPENDING MORE FIVE, SIX HOURS KNOCKING DOORS.
AND THE SAME ISSUE WAS PEOPLE SAY, WHEN WE'RE GOING TO HAVE HOT WATER WITH A GUY WHO WATER IT, EVEN ONE OF THE TENANTS THERE, UM, SHE'S A HANDICAP PERSON TOLD ME, UM, OH, YOU THE INSPECTOR? OH, GOOD TO KNOW YOU BECAUSE WE JUST MOVED IN LAST WEEK.
AND, UM, THEY TOLD US THAT YOU SAY, IT'S OKAY, THAT WE GOT HER WATER THAT YOU APPROVED.
THAT THE, THE, MY APARTMENT GOT WHOLE WATER AND THEY WILL MOVE IN WHEN THEY WENT THERE.
THEY DIDN'T KNOW HOW WELL HER WATER AND I TOTALLY DID.
AND SHE SAID, NO, THIS IS THE FIRST TIME I SEE YOU HERE.
UH, SHE SAID, THANK YOU FOR COMING AND KNOCKING ON MY DOOR TO CHECK IS I HAVE HOPE HER WATER.
AND, UM, IT JUST FEW THEN IN THAT TIME, YES, BECAUSE THEY SAID, AFTER WE SIGNED THE LEASE, WE CHECK EVERYTHING FINE.
AND WE CHECKED, WE GOT HER WATER BOARD.
THEY DIDN'T KNOW, THEY DON'T HAVE HOPE WATER.
AND IT, IT, IT APPEARS THAT THERE'S A DISCONNECT BETWEEN PROPERTY MANAGEMENT ONSITE AND POSSIBLY WHAT THE OWNER'S ACTUAL INTENTIONS ARE.
AND, UM, I WOULD HOPE THAT THAT COULD BE REMEDIED.
NOT UNCOMMON, BUT YES, DEFINITELY NEEDS TO BE READY.
WANT TO SAY SOMETHING, UH, TO COMMISSIONER
UM, IF YOU WOULD GO IN ANY OF THE EXHIBITS IN YOUR READERS, THERE SHOULD BE, OR IN THE GOOGLE GRAPH FOLDER, THERE IS A STRUCTURE MAP, WHICH SHOULD BE JUST FOLLOWING THE TEAK AD THAT SHOWS ALL OF THE BUILDINGS.
AND IT SHOWS WHICH GROUP OF BUILDINGS ARE ABC AND D AND THEN THE GROUP THAT'S NOT IDENTIFIED WOULD BE THE BUILDING E THAT'S NOT AN ISSUE.
IT LOOKS LIKE IT'S PAGE 14 OF 53 ON EXHIBIT SEVEN AND EIGHT, FOR EXAMPLE.
SO IT WOULD BE CLOSE TO THAT IN THE
[01:55:01]
OTHERS AS WELL.SO COMMISSION MOTIONS, FURTHER THOUGHTS.
UM, MY THOUGHTS ARE GENERALLY THAT IT APPEARS THE OWNERSHIP HAS URGENTLY TRIED TO FIX THE ROOT OF THE PROBLEM WHILE MAYBE UNKNOWINGLY NEGLECTING SOLUTIONS THAT COULD HELP IN THE IMMEDIATE TERM AS ADDRESSED BY 0.2 IN THE RECOMMENDATION OF PROVIDING ONSITE TEMPORARY SHOWERING UNITS.
AND I THINK WE ARE ALL IN AGREEMENT THAT THAT IS THE MOST URGENT WAY THAT THE RESIDENTS OF THAT APARTMENTS CAN BE HELPED.
BUT I THINK IN LIGHT OF, UM, THE EXPENDITURES THAT WE'VE SEEN ON THEIR EFFORTS TO GET IT FIXED AND THE CONSISTENCY OF IT, I MEAN, THE DATES ON THOSE WERE LIKE CONSISTENTLY SINCE THEY BOUGHT THE PROPERTY, THEY'VE BEEN TRYING TO FIX IT, OR THAT'S WHAT IT APPEARED TO ME.
UM, AND I'M ALSO SYMPATHETIC TO AT LEAST IN MY OPINION, IT'S NOT THE NECESSARILY THE DUTY OF THE PROPERTY OWNER TO HAVE PULLED THE PERMITS.
IT'S POSSIBLE THAT THEY WERE DUPED BY AN UNSCRUPULOUS CONTRACTOR.
I KNOW THAT IF I PAY FOR MY CAR TO GET INSPECTED AND IT GETS PASSED, I EXPECT THAT THE PERSON DID EVERYTHING ABOUT BOARD.
MAYBE THAT'S NOT AN ANALOGOUS EXAMPLE, BUT, UM, I'M NOT SURE THAT IT'S NECESSARILY THEIR FAULT THAT THEY WERE MAYBE, UM, YOU KNOW, A CONTRACTOR DIDN'T PULL THE PERMITS THAT THE CONTRACTOR WAS SUPPOSED TO.
UM, I'M NOT SURE HOW MUCH THAT SHOULD BE HELD AGAINST HIM.
I THINK IN LIGHT OF THAT IN LIGHT OF THE CONSISTENT EFFORT TO FIX THE ROOT OF THE ISSUE, I WOULD MOTION TO AMEND THE 30 DAYS IN 0.3 TO 90 DAYS.
UM, JUST SO THAT THE PER THE OTHER BIDS CAN COME IN AND THERE CAN STILL BE AN URGENT TIMELINE TO GET IT FIXED.
UM, BUT THAT THERE'S AT LEAST SOME CHANCE OF COMPLETION BEFORE THE PENALTIES BEGIN TO KICK IN.
SO I MOTIONED TO, UM, KEEP THE REST OF THE RECOMMENDATION THE SAME, ESPECIALLY WITH THE FIVE DAYS TO PROVIDE TEMPORARY HOT WATER, BUT TO CHANGE THE 30 DAYS TO 90 DAYS.
AND ACTUALLY THEN BRINGS UP ONE ITEM THAT I'D LIKE TO HAVE CLARIFIED AS WELL.
SO THE PENALTIES DON'T KICK IN UNTIL AFTER THE 31ST DAY OR WITH COMMISSIONER BENDING, NO'S PROPOSED ORDER THE 91ST DAY.
SO IF THE TEMPORARY FACILITIES ARE NOT BROUGHT IN WITHIN FIVE DAYS, DO WE HAVE ANY LEVERAGE, YOU KNOW, ANY INCENTIVE TO, OH, W UH, MY UNDERSTANDING WOULD BE THAT THERE'S TWO LEVERS, A FIVE-DAY LEVER THAT, AND A 90 DAY LEVER.
IS THAT NOT THE WAY THAT THIS IS STRUCTURED? UM, MS. COREY, COULD YOU MAYBE HELP US OUT ON THIS ONE OR MS. ALLEY? WELL, THE WAY IT'S STRUCTURED, IT WOULD BE AFTER THIRD APP, MY UNDERSTANDING WAS 30 DAYS IS WHAT'S REASONABLE.
SO I DIDN'T IMPOSE ANY PENALTIES UNTIL AFTER THE 30 DAYS NOW.
UH, PERHAPS MS. SCURRY CAN ELABORATE ON THAT.
UM, BUT ANYWAY, I DIDN'T HAVE ANY PENALTIES STARTING UNTIL AFTER THE 30 DAYS.
MADAM CHAIR, THAT IS GENERALLY HOW IT IS STRUCTURED.
UM, THE KIND OF FIRST LOVER IS REALLY JUST KIND OF AN INCENTIVE.
AND, UM, THE, THE 30 DAY ASSUMPTION AND UNDER STATE LAW, 30 DAYS IS PRESUMED TO BE REASONABLE.
UM, BUT THAT IS SOMETHING THAT, UM, THE COMMISSION CAN CHANGE, UM, ESPECIALLY FOR HEALTH AND SAFETY REASONS.
AND SO, UM, IT IS SOMETHING SIMILAR TO WHAT ONE OF THE COMMISSIONERS, UH, PROPOSED AN EARLIER CASE.
UM, WE COULD HAVE TWO SEPARATE ORDERS, UH, ONE ADDRESSING THE KIND OF, UM, TEMPORARY ASPECT THAT THIS IS A SERVICE THAT NEEDS TO BE PROVIDED ON AN ONGOING BASIS AFTER THIS TIME.
AND THEN, UM, ANOTHER FOR THE REPAIRS, HAVING THEM TOGETHER, I BELIEVE JUST MAKES IT EASIER FOR CODE TO TRACK WHAT'S GOING ON BECAUSE THEY ARE CONSISTENTLY CHECKING IN ON THE, UM, FINAL REPAIRS.
AND WHEN THEY'RE DOING THAT, THEY CAN ALSO DO THE CHECK-INS ON THE TEMPORARY, UM, MEASURES.
AND I THINK THE CONCERN THOUGH, WOULD BE, IF THEY WAIT UNTIL THE 89 STATE TO BRING IN THE TEMPORARY FACILITIES, RIGHT.
THEN NO PENALTIES WOULD BE ACCRUING UNTIL CORRECT, BUT AS IT'S STRUCTURED RIGHT NOW, THEN, THEN THAT WOULD ALSO BE TRUE FOR THE 30 DAYS.
[02:00:02]
AND WE ACCEPT SOME MEASURE OF GOOD FAITH, BUT THE POINT OF THESE MEASURES IS TO PULL THE LEVERS THAT WE CAN.AND I WOULD IT RIGHT NOW, THERE'S NO INCENTIVE TO PROVIDE THE TEMPORARY RELIEF UNTIL THE 31ST DAY.
UM, SO IT SEEMS LIKE WE SHOULD SEPARATE THE TWO BECAUSE I THINK WE'RE ALL IN AGREEMENT THAT THE TEMPORARY MEASURES ARE NECESSARY, UM, IN, YOU KNOW, SYMPATHETIC TO THE RESIDENTS, BUT SYMPATHETIC TO THE PROPERTY OWNERS WHO SEEM TO TRY IN MANY WAYS TO REMEDY THIS ISSUE.
UM, IT SEEMS BEST TO SEPARATE THEM AND HAVE A VERY SHORT WINDOW FOR PROVIDING SHORT TERM RELIEF FOR THE RESIDENTS IN TERMS OF HOW OUR FACILITIES AND IN MY OPINION, A LONGER 90 ISH DAY WINDOW FOR REPAIRS DUE TO THE STATE OF SOLICITING PROPOSALS AND SUCH.
OKAY, WELL, NO ONE HAS SECONDED YOUR FIRST MOTION.
SO I THINK, I THINK I WOULD DRAW.
I WITHDRAW THAT MOTION AND I, I, AND IF I CAN, I'LL JUST RESTATE THE MOTION I MOVED TO, UM, ON THE SIXTH DAY OF NON-COMPLIANCE WITH POINT NUMBER TWO, TO BEGIN FINES, WHICH IS THE ONSITE TEMPORARY HOT WATER FACILITIES.
AND ON THE 91ST DAY OF, GOSH, I DON'T, I DON'T KNOW HOW TO SAY THIS OFF THE TOP FOR THE REPAIRS AND THE REPAIRS.
IF I, SORRY FOR THAT BEING VERBALLY UNCLEAR, BUT I THINK, BUT I THINK WE'RE ALWAYS ON AGREEMENT PLACE.
AND DID YOU INTEND FOR THIS TO BE ALL BUILDINGS? BECAUSE THE, THE RECOMMENDATION HERE IS JUST SAYS BUILDING, HEY, OH, DID YOU WANT THAT TO BE, IS THAT A MISTAKE OR NO? SO THERE, THERE ARE ACTUALLY FOUR DIFFERENT PROPOSED ORDERS, EACH A, B, C, AND D ON-SCREEN.
WE SHOWED A COMBINED RECOMMENDED ORDER, WHICH WE USUALLY SHOW WHEN WE HAVE MULTIPLE ORDERS.
UM, BUT IT WOULD APPLY TO FOUR DIFFERENT CASES.
SO THAT ONE ORDER THAT I READ INTO THE RECORD WOULD APPLY TO FOUR SEPARATE CASES.
SO THERE WOULD BE AN ORDER FOR BUILDING A BUILDING B BUILDING C.
I JUST WANT TO BE SURE THAT YEAH.
THAT'S HOW THAT IS INTERPRETED.
AND ACTUALLY FOR THE SAKE OF DEBATE, I THINK I'M GOING TO MAKE TWO, I THINK WE SHOULD STRUCTURE IT FOR FAIRNESS OF TWO SEPARATE MOTIONS.
SO I DO NOT MOVE ON THE POINT ABOUT THE 90 DAYS YET I MOVE ON THE POINT OF THE FIVE DAYS SO THAT IF ONE OR BOTH NEED TO BE DISCUSSED SEPARATELY, THEY CAN BE, IS THAT, CAN THAT BE BROKEN DOWN COUNCIL? OKAY.
SO JUST TO CLARIFY, UM, I THINK IT WOULD PROBABLY BE EASIER TO JUST SPEAK TO BUILDING A FIRST AND THEN MAYBE MOVE TO THE OTHER BUILDINGS SEPARATELY.
WOULD THAT WORK MELANIE? UM, AND IF YOU WANTED TO HAVE A SEPARATE ORDER FOR BUILDING A, THAT ADDRESSES THE TEMPORARY SHORTER TIMELINE FOR THE TEMPORARY ASPECTS, UM, YOU COULD STRUCTURE IT SO THAT, UM, I KNOW I'VE MENTIONED TWO SEPARATE ORDERS PREVIOUSLY, BUT YOU COULD STRUCTURE IT.
SO THAT PENALTIES START TO RUN, UM, UH, AFTER, YOU KNOW, AFTER THE FIVE DAYS, SO ON THE SIXTH DAY.
AND THEN IF THAT IS SOMETHING THAT THE, UH, PROPERTY OWNERS HAVE KEPT UP WITH AND THEY'VE COMPLIED WITH THAT ASPECT, BUT THEY HAVEN'T FINISHED REPAIRS, SORRY.
THEY HAVEN'T FINISHED REPAIRS.
THEN THE PENALTIES WOULD THEN ONLY BEGIN TO RUN AFTER 90 DAYS.
AND ONE OTHER ITEM TO THROW IN THERE TOO.
UM, I BELIEVE THE MAX PENALTY WE CAN DO PER WELL, WE COULD DO THIS.
PROVIDE ELATION IS $2,000 PER WEEK.
SO IS YOUR INTENT TO HAVE TO MAINTAIN THAT SAME $2,000 PER WEEK TOTAL, OR, UH, LOTS OF POSSIBILITIES, LOTS OF POSSIBILITIES.
I BASICALLY, I'M TRYING TO REMEDY THAT.
I AM SYMPATHETIC TO THE RESIDENTS WHO DO NOT HAVE HOT WATER AND THEIR SITUATION NEEDS TO BE FIXED AS QUICKLY AS POSSIBLE.
AND I'M SYMPATHETIC TO THESE PROPERTY OWNERS.
AND I ALSO DON'T WANT TO ENFORCE THIS COMMISSION TO DEBATE BOTH POINTS AT ONE TIME.
UM, BECAUSE I THINK WE COULD ALL AGREE ON MAYBE THE FIRST POINT.
I SUSPECT THERE MAY BE SOME PUSHBACK ON THE SECOND POINT.
THAT WAS MY, THAT WAS MY MOST RECENT INTENTION OF TRYING TO SPLIT THOSE INTO TWO THINGS.
AND I, IF SOMEONE ELSE IS TO MAKE THAT MOTION OR SAY IT IN A DIFFERENT, MORE CLEAR WAY, I'M ALSO NOT TOTALLY SURE ABOUT THE BUILDING A, B, C, AND D ISSUE.
SO MAYBE I'LL JUST LET SOMEONE ELSE TAKE IT FROM HERE.
UM, I ALSO WANT TO CLARIFY, DID YOU HAVE ANY BIKES THAT ARE ON, IF YOU COULD JUST TURN OFF YOUR MIC, IF YOU'RE NOT CURRENTLY SPEAKING AND COMMISSIONERS
[02:05:01]
STILL STARTED, WE'RE GOING TO COME BACK TO YOU, BUT, UM, MS. CURRY IS STILL SPEAKING.I JUST WANT TO CLARIFY THAT THE, UH, FEE CAP IS A THOUSAND DOLLARS PER DAY PER VIOLATION.
OH, A THOUSAND DOLLARS PER DAY.
WE ARE, WE ARE NOT EXCEEDING THE FEE COUNT THAT'S FOR SURE.
NO, I'VE HAD A, TRYING TO THINK, UH, COMMISSIONER GREEN WAS, HAD HIS HAND UP BEFORE I DID ACTUALLY.
I AM, UH, AGAINST CHANGE, CHANGING ANYTHING THAT FOR STAFFS, UH, BUT FOLLOWING STAFF'S RECOMMENDATION, UM, THERE'S BEEN A LONG HISTORY IN THIS DISTRICT ABOUT, UH, UH, OWNER'S SLIP SLIDING AWAY, UH, UH, TAKING CARE OF, UH, OF, UH, FOR PEOPLE.
AND THAT'S WHAT WE GOT IN THIS PLACE.
THIS IS NOT, UH, A, A, UM, AN UPSCALE, UH, UH, UH, UM, APARTMENT COMPLEX.
THESE ARE PEOPLE THAT HAVE BEEN WITHOUT HOT WATER IN THIS DISTRICT.
WE'VE HAD THIS HAPPEN OVER AND OVER AGAIN, AND WE GET, UH, I WAS HOURLY FREE AT, UH, LONDON PARKFIELD IT WAS NOT GOING ON FOR TWO YEARS.
AND THEY WERE BRINGING IN PIKES AND THEY WERE ABOUT TO LEAP OVER FIVES AND THE MONEY WATER, AND YOU HAD NO HOT WATER AND THEY WERE GOING TO BE TRAILERS IN THERE.
SO MY TAKE ON IT IS THAT ON THEIR WORK, THIS IS THE KIND OF THING THAT WE CAN IN OUR DISTRICT.
AND I THINK WE FOLLOW STAFF'S RECOMMENDATIONS.
COMMISSIONER STILL SAID, UH, THANK YOU, MADAM CHAIR.
I BASICALLY WANT TO, UM, WELL, FIRST OFF, JUST FOR CLARIFICATION, FORGIVE THE CROSSTALK, BUT YOU MENTIONED GREEN.
WAS THAT A, WAS THAT EMOTION, DID YOU MOVE TO ADOPT? I BELIEVE, SEE DOC STATS, UH, FINDINGS OF FACT THEN RECOMMENDATIONS.
UM, MATT AND JERRY, JUST WANNA MAKE A FEW OBSERVATIONS FIRST, AS LONG AS WE'RE IN OUR DISCUSSION PHASE WITH ALL DUE RESPECT TO MR. UH, TO COMMISSIONER BENINO.
UH, I, I THINK I DO, UM, HAVE A DIFFERENT INTUITION ABOUT THIS CASE, AND I THINK, UM, YOU KNOW, IN THE INTEREST OF, UH, THE DELIBERATIVE, I WANT TO TALK THROUGH THAT JUST A LITTLE BIT.
UM, I DON'T WANT TO RAMBLE, BUT, UH, UM, I THINK BASICALLY I COME TO, I TRY TO COME TO EVERY CASE WITH A BASELINE, WHICH IS THE ASSUMPTION THAT, UM, THE PROPERTY SHOULD BE IN COMPLIANCE AND, UM, SORT OF WITH THAT STARTING POINT, UH, IF I'M PERSUADED BY THE END OF THE CITY'S PRESENTATION, THAT THE PROPERTY IS NOT IN COMPLIANCE, THEN THAT JUSTIFIES ENTERING AN ORDER THAT HAD COME INTO COMPLIANCE WITHIN THE USUAL TIMEFRAME.
UM, AND SO FROM THAT SORT OF BASELINE, I COULD IMAGINE, YOU KNOW, WHAT YOU MIGHT CALL, UH, YOU KNOW, MITIGATING, UH, OR AGGREGATING FACTORS.
UM, AND, AND IF THERE ARE, UM, YOU KNOW, AGGRAVATING FACTORS SUCH AS, UH, YOU KNOW, A PROPERTY OWNER THAT SEEMS, UH, WILLFULLY INDIFFERENT OR AGGRAVATING FACTORS, SUCH AS RESIDENTS WHO ARE SUFFERING, UM, THAT MIGHT ARGUE IN FAVOR OF GREATER HASTE OR OF USING A MORE POTENT LEVER, UH, MITIGATING FACTORS MIGHT DISH OUT GOOD FAITH ON THE PART OF THE PROPERTY OWNER.
UH, SO IN THIS CASE, I THINK THE BASELINE MAKES PRETTY CLEAR THAT WE'D LIKE TO SEE THESE RESIDENTS GETTING HOT WATER AS SOON AS POSSIBLE, AND IN THEIR UNITS.
UM, YOU KNOW, I HAD TO WHEEL THE TRASH DOWN THIS MORNING AND IT WAS A LITTLE CHILLY OUT THEN THAT WAS INCONVENIENT TO ME.
I BET IF I HAD TO, YOU KNOW, TRAVERSE AN OPEN SPACE TO GO TAKE MY FIRST SHOWER OF THE MORNING, THAT WOULD BE EXTREMELY INCONVENIENT TO ME.
SO LET'S MAKE NO MISTAKE THAT A TEMPORARY FACILITY IS A SUBSTITUTE FOR HAVING HOT WATER COME OUT OF THE PIPES THAT YOU'RE, YOU'RE PAYING FOR WITH YOUR RENT EACH MONTH, UH, WITH RESPECT TO THE SHOW OF GOOD FAITH.
UM, YOU KNOW, I UNDERSTAND THE COMMISSIONER, BUT HE KNOWS HIS POSITION, BUT, UH, UH, WHAT I'M HEARING HERE IS I'M NOT SO SURE.
UH, YOU KNOW, I'M NOT SO SURE THAT HAD THEY BEEN COMPLIANT WITH THE PERMITTING PROCESS IN THE FIRST PLACE, THEY WOULDN'T HAVE CAUGHT CALCIFICATION ISSUES SOONER, THE LOOPING ISSUE SOONER.
UH, YEAH, I I'M JUST WHAT I'M HEARING FROM THIS, THIS OWNER.
THEY DIDN'T NECESSARILY DO EVERYTHING THAT THEY COULD.
UH, AND, AND SO MY EMPATHY WITH THEIR DUE DILIGENCE DOES NOT, UM, JUST NOT SEVERELY OFFSET, LIKE CONCERN THAT THIS PROPERTY BE BOUGHT INTO COMPLIANCE AS TO INCLINE ME, TO GIVE THEM MORE TIME, UH, THAN THE, UM, UH, THE CITY OF RECOMMENDING IN THIS CASE.
SO, UH, WITH THAT, I WOULD SECOND COMMISSIONER GREEN'S MOTION WITH ONE HOPEFULLY FRIENDLY AMENDMENT.
AND THAT IS, UH, I WOULD IMAGINED, UH, UH,
[02:10:01]
0.5 TO, TO SAY THAT WITH RESPECT TO THE, UH, COMPLIANCE BY THE 31ST DAY, UM, THAT BE MODIFIED TO APPLY ONLY TO THE 0.3, THE ORDER CONCERNING NECESSARY REPAIRS.AND THAT THERE'D BE A, UH, THAT WE CAN DO A CREW ON THE SIXTH DAY WITH RESPECT TO 0.2 CONCERNING THE TEMPORARY HOT WATER FACILITY.
THAT HOPE THAT MADE THAT SUFFICIENTLY CLEAR, UH, HAPPY TO CLARIFY IF ANYBODY NEEDS ME TO, BUT WITH THAT, UM, PROPOSED AMENDMENT I SECOND, AND I YIELD, UH, THANK YOU, MADAM CHAIR.
SO WE DO WELL, FIRST OFF, COMMISSIONER GREEN, DO YOU ACCEPT THAT FRIENDLY AMENDMENT COMMISSIONER GREEN? YOU STILL WITH US? THAT'S WHAT, I'M SORRY.
WHAT WOULD THAT FIND ME FOR THE SIXTH DAY FOR THE, WOULD IT BE THE SAME AS THE FINE FOR THE 31ST DAY? OR WOULD IT, HOW MUCH WOULD THAT FIND BE FOR THE FIRST COMMISSIONERS? DON'T START? WHAT ARE YOUR THOUGHTS ON THAT? WOULD IT JUST BE THE SAME FINE, BUT IT WOULD, IT COULD EITHER BEGIN EARLIER OR NOT.
SO MY INTENT WAS THAT THE DOLLAR VALUE BE THE SAME, BUT THAT THE FINE BEGIN TO ACCRUE ON THE SIXTH DAY WITH RESPECT TO PARAGRAPH TWO OF THE PROPOSED ORDER FOR THAT, THE FINE CAN BEGIN TO ACCRUE IF TEMPORARY FACILITIES WERE NOT OPERATIONAL BY THE FIFTH DAY.
AND IT'S, IT'S NOT A DUPLICATE FINE.
THE BEGINNING DATE WOULD BE DIFFERENT.
SO COMMISSIONER GREEN, DO YOU ACCEPT THAT FRIENDLY AMENDMENT OR WHAT ARE YOUR THOUGHTS THERE? OKAY.
FURTHER DISCUSSION AND COMMENTS FROM, FROM THE COMMISSION.
COMMISSIONER AGAIN, I JUST WANT TO BE SURE THAT THE DIRECTIVE OF THE MOTION IS THAT IT'S FOR ALL THE BUILDINGS ON SITE, IS THAT EMOTION MAKERS UNDERSTANDING? IT'S MY UNDERSTANDING.
AND AGAIN, JUST FOR CLARIFICATION, SO THE 2000 WOULD START ON THE SHOWERS AND THOSE, BUT THEN THAT WOULD BE AN ADDITIONAL $2,000 OR JUST THE 2000 CONTINUES ON.
SO THERE'S REALLY NO INCREASE IN THE CIVIL PENALTIES AFTER THE, THAT'S MY UNDERSTANDING.
AND JUST TO MAKE SURE WE'RE ALL ON THE SAME PAGE, THE FIVE DAYS IS NOT ACTUALLY A TRUE FIVE DAY PERIOD.
IT'S FIVE DAYS FROM THE TIME THAT THE ORDER IS MAILED.
SO THAT'S ACTUALLY PROBABLY GOING TO BE MORE LIKE A WEEK OR MAYBE EVEN SEVEN DAYS.
SO I THINK THAT'S PLENTY OF TIME TO REALLY MAKE THIS A PRIORITY FOR THE OWNERS.
UM, AND YEAH, IT'S BEEN WINTER TIME, SO IT'S NOT REALLY THE BEST TIME TO BE OUT OF HOT WATER.
UM, I DO REALLY AGREE WITH, UM, COMMISSIONER AND NICK KNOWS A PROPOSAL ORIGINALLY, WHICH HELPS US WITH THIS NEW MOTION THAT'S ON THE TABLE REGARDING THE TEMPORARY, UH, FACILITIES, BECAUSE WE DO NEED A FINE TIED TO THAT.
UM, JUST BECAUSE THE OWNERS NEVER TOOK INITIATIVE TO, TO THINK OF A SOLUTION LIKE THAT, UM, UNTIL THIS CAME TO, UM, TO, TO HERE WHERE WE ARE TODAY.
SO I AM IN FAVOR OF THAT, UH, FINE BEING IMPOSED ON THE TEMPORARY STRUCTURE PART OF THE ORDER.
AND, UM, HOPEFULLY IT WOULD NOT KICK IN BECAUSE THEY WOULD DO THE RIGHT THING.
ANY FURTHER DISCUSSION OR CHARLIE CALL, CALL THE QUESTION.
I'M GOING TO GO AHEAD AND CALL THE QUESTION.
CAN YOU JUST RESTATE THAT? WHAT THE MOTION IS AS OF NOW, PLEASE? YES.
SO THE MOTION NOW IS TO ADOPT STAFF'S RECOMMENDED ORDER, BUT TO MODIFY IT SO THAT, OR TO REVISE IT SO THAT MEDICARE, WOULD YOU LIKE ME TO, UH, NO.
SO WITHIN, WITHIN FIVE DAYS FROM THE DATE, THE ORDER IS MAILED, PROVIDE ONSITE TEMPORARY HOT WATER FACILITIES AVAILABLE 24 7 TO ALL RESIDENTS OF BUILDING ARE WITHIN 30 DAYS FROM THE DATE.
THE ORDER IS MAILED TO MAKE NECESSARY, NECESSARY REPAIRS TO THE WATER HEATING FACILITIES, UH, REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
[02:15:01]
THEN THE, THE PART THAT IS REVISED FROM STAFF'S RECOMMENDED ORDER IS ON THE SIXTH DAY, IF THE TEMPORARY ONSITE TEMPORARY HOT WATER FACILITIES HAVE NOT BEEN PROVIDED, THEN ASSESS A CIVIL PENALTY OF $2,000 PER WEEK.NOW THIS WOULD BE FOR EACH OF THE BUILDINGS BUILDINGS 2000 PER A, B, C, AND D, OR IF THEY HAVE BEEN PROVIDED, THEN IT WOULD BE ON THE 31ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED.
I HAVE ONE QUICK QUESTION BEFORE YOU GO AHEAD AND IT, SO IF THEY WERE TO COME IN, IF THEY WERE TO START ACCRUING FINES ON THE FIRST FOR THE TEMPORARY SHOWERS AND THEY CAME INTO COMPLIANCE BEFORE THE 31ST DAY, WOULD THOSE FINES STOP AND THEN RESTART AGAIN? HOW WOULD THAT WORK? I'M SEEING SOME NODS.
YEAH, THAT, THAT WOULD BE MY UNDERSTANDING MADAM CHAIR, THAT I, I THINK THAT THE TWO THAT THE SORT OF THE BIFURCATED PENALTY PROVISIONS, IT WOULD APPLY INDEPENDENTLY FOR THAT.
UM, SO THERE'S SOME ALMOST, I'M SORRY.
SO THERE'S INCENTIVE TO COME INTO COMPLIANCE.
DOES THAT FIT YOUR UNDERSTANDING? IT DOES NOW, BUT MEDICARE.
THAT ITEM TWOS TO SPEAK TO BUILDING OUR, IS THIS BUILDINGS A, B, C, AND D, CORRECT? THAT IS THE BUILDING.
IS THAT ANOTHER THAT'S AN EAR.
SO IT SHOULD BE BUILDINGS, B, C AND D TO ALL RESIDENTS OF BUILDINGS, A, B, C, AND D ON 0.2.
I'M GOING TO GO AHEAD AND CALL THE QUESTION.
ARE YOU IN FAVOR? YES, I AM IN FAVOR.
COMMISSIONER FRANCIS COMMISSIONER BENDING? NO.
COMMISSIONER FERRERO IN FAVOR.
COMMISSIONER SEELIG, COMMISSIONER GREEN.
COMMISSIONER STILL STOOD BY AND I AM ACTUALLY NOT IN FAVOR.
THAT WAS AT SEVEN TO TWO, SEVEN TO TWO.
SO THE ORDER WILL BE MAILED TO YOU.
UM, WE REALLY APPRECIATE THE AMOUNT OF INFORMATION THAT YOU BROUGHT TO US.
AND, UH, WE, WE DO APPRECIATE THE EFFORTS THAT THE OWNER IS MAKING AND WE WANT THEM TO CONTINUE MAKING MORE EFFORTS.
UM, MS. ALLIE, SO OUR NEXT ITEM, BEFORE WE BEGIN, I WANTED TO MAKE SURE THAT THE PROPERTY REPRESENTATIVE IS WITH US ONLINE.
I BELIEVE WE SHOULD HAVE TANYA BAIRD ON THE LINE.
UH, WE'RE GOING TO START HEARING YOUR CASE AND YOU WERE SWORN IN EARLIER, IS THAT CORRECT? WE HAVE FOUR GRAHAM, FOUR PEOPLE ONLINE.
DO WE HAVE KIM KERSHNER ON THE LINE? I'M ACTUALLY NOT SURE IF SHE IS ON THE LINE.
I'LL READ THE OTHER NAMES AND MAYBE, MAYBE SHE CAN COME BACK.
AND LET'S SEE OTHER MISSING ONE.
SO, AND WE STILL DON'T KNOW IF KIM KERSHNER IS ON THE LINE.
SO, UH, TANYA BAIRD, COLE DARITY, AND CARLOS UHLAND.
WERE YOU SWORN IN EARLIER? YES.
AND MS. BARRETT, I BELIEVE YOU HAD STATED THAT YOU WEREN'T AS WELL.
UM, MS. LA, IF YOU WOULD LIKE TO GO AHEAD AND PROCEED.
[4. Case Number: CL 2022-031831]
YES.ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 20 22 0 3 1 8 3 1.
[02:20:01]
LOCATED AT 1500 REAGAN HILL DRIVE ALSO KNOWN AS 1501 REAGAN HILL DRIVE, AND ALSO KNOWN AS THE VALADOR TWO APARTMENTS STAFF EXHIBITS CAN BE FOUND IN THE BROWN BOOKS, IN YOUR READERS OR GOOGLE DRIVE FOLDER.HERE ARE SOME FACTS ABOUT THE CASE.
THE CASE IS ABOUT BUILDING OUR, WHICH IS PART OF A COMMERCIAL MULTIFAMILY PROPERTY.
THIS CASE IS PART OF THE REPEAT OFFENDER PROGRAM.
THIS CASE WAS FIRST ESCALATED TO BSC AS THE RESULT OF A ROUTINE INSPECTION.
LAST OCTOBER, THE STRUCTURE SUFFERED FROM FIRE DAMAGE ON OCTOBER 10TH, 2021.
AS A RESULT OF THE FIRE, THE GAS HAS BEEN TURNED OFF AND THE ENTIRE BUILDING HAS NO GAS OR HOT WATER.
THE BUILDING HAS BEEN PLACARDED FENCED AND SECURED.
THE STRUCTURE IS CONSIDERED SUBSTANDARD WITH UNSAFE AND DANGEROUS CONDITIONS IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A STRUCTURE MAP, IDENTIFYING BUILDING ARE THE REQUIRED NOTICE OF VIOLATION NOTICES OF HEARING AND REQUIRED POSTINGS AS WELL AS A FIRE INCIDENT REPORT.
EXHIBIT TWO, WHICH CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS EXHIBITS TWO, A THROUGH TWO R AND LASTLY CODES RECOMMENDED ORDER CODE INVESTIGATOR.
JOHNNY CRNA IS HERE TONIGHT TO PRESENT THE PHOTOS IN THESE CASES AND DISCUSS THE VIOLATIONS AS DEPICTED INVESTIGATOR CRNA, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS JOHNNY CRNA AND A CITY OF AUSTIN CODE INVESTIGATOR.
THE CASE I AM PRESENTING BEFORE YOU WILL BE FOUR 1500 REAGAN HILL BUILDING FOUR, ALSO KNOWN AS 1501 REAGAN HILL BUILDING ARE.
AND THE FACTS OF THE CASE ARE AS FOLLOWS.
HIS PROPERTY IS CURRENTLY REGISTERED IN THE REPEAT OFFENDER PROGRAM AND HAS BEEN SENT BEN.
SO SINCE SEPTEMBER OF 2020, IN OCTOBER OF 2021, I WAS ASSIGNED THIS CASE FOR STRUCTURAL DAMAGE DUE TO FIRE UPON INSPECTION OF THIS BUILDING.
I FOUND THE PROPERTY HAS VARIOUS EXTERIOR AND INTERIOR IPMC VIOLATIONS ON FEBRUARY 7TH, 2022.
I POSTED THIS PROPERTY WITH THE NOTICE OF VIOLATION SINCE OCTOBER OF 2022.
THROUGH TODAY, I'VE MADE MULTIPLE INSPECTIONS OF THIS PROPERTY AND HAVE FOUND A FEW DEFICIENCIES HAVE BEEN ADDRESSED, BUT MANY CONTINUE TO REMAIN THE FALLING PHOTOGRAPHS.
I AM PRESENTING AS EVIDENCE REPRESENT MANY OF THE DEFICIENCIES FOUND THROUGHOUT THE PROPERTY AND ITS BUILDING.
NEXT SLIDE, UH, EXHIBIT EXHIBITS TWO A AND TWO B ARE CONTEXTUAL PHOTOGRAPHS OF THE FRONT OF THE PROPERTY AND BUILDING OUR NEXT SLIDE.
EXHIBIT TWO C IS A REPRESENTATIVE PHOTOGRAPH OF UNCOVERED UNMAINTAINED SANITARY DRAIN LINES IN BUILDING OUR NEXT SLIDE.
EXHIBIT 2D IS A REPRESENTATIVE EXAMPLE OF MULTIPLE GUTTERS AND DOWNSPOUTS SYSTEMS IN DISREPAIR FOUND THROUGHOUT THE PROPERTY.
NEXT SIDE, EXHIBIT TWO E IS REPRESENTATIVE PHOTOGRAPH OF THE CONDITION OF SOME OF THE EXTERIOR CEILINGS FOUND ON THE PROPERTY X SIDE.
EXHIBIT TWO F IS A PHOTOGRAPH OF THE SAME AREA FROM A DIFFERENT ANGLE.
FROM THIS ANGLE, YOU CAN SEE ONE OF THE STRUCTURAL JOISTS WITH SOME DETERIORATION.
NEXT SLIDE, UH, EXHIBIT TWO G WAS ADDED AS A REFERENCE FOR WHAT INADEQUATELY SECURED STRUCTURAL POSTS SHOULD LOOK LIKE.
NEXT SLIDE EXHIBITS, TWO H AND TWO I REPRESENTATIVE PICTURES OF WHAT MANY, IF NOT, MOST OF THE STRUCTURAL POSTS LOOK LIKE ON THE PROPERTY SIDE MISSING THEIR CONCRETE EMBEDDED ANCHORING BOLTS AND NUTS, EVEN AFTER REPAIRS WERE MADE.
NEXT SLIDE, EXHIBIT TWO JS REPRESENTATIVE PICTURE OF SOME FIRE DAMAGED UNITS AND EXPOSED ELECTRICAL WIRING AS SEEN IN THE MIDDLE BOTTOM CENTER OF THE PHOTOGRAPH.
NEXT SIDE, EXHIBIT TWO K IS ANOTHER REPRESENTATIVE PICTURE OF MORE EXPOSED ELECTRICAL WIRING AND IMPROPERLY INSTALLED ELECTRICAL CONDUIT AS SEEN TOWARDS THE BACK OF THE CENTER PICTURE.
NEXT SIDE, EXHIBIT TWO, L'S A REPRESENTATIVE PHOTOGRAPH OF SOME OF THE AREA LIGHTING FOUND IN BUILDING R FOR THIS PROPERTY.
EXHIBIT TWO M IS REPRESENTATIVE PICTURE OF ANOTHER COMMON CONDITION FOUND THROUGHOUT THE PROPERTY OF MISSING DEAD FRONT FACE PLATE COVERS ON MANY OF THE MAIN ELECTRICAL PANELS.
NEXT SLIDE, EXHIBIT TWO, AND THROUGH, THROUGH,
[02:25:01]
THROUGH TO P R REPRESENTATIVE PICTURES OF FIRE DAMAGED UNITS IN BUILDING OUR NEXT SLIDE, AS YOU CAN SEE, WORK HAS BEGUN.NEXT SLIDE TO DATE, THERE ARE NO BUILDING ELECTRICAL MECHANICAL AND OR INDIVIDUAL UNIT PLUMBING PERMITS FOR THE NECESSARY CORRECTIVE REPAIRS BEING PERFORMED IN BUILDING OUR EXIDE EXHIBIT TWO Q IS A CONTEXTUAL PHOTOGRAPH OF THE GAS SERVICE EQUIPMENT FOR BUILDING OUR, THIS IS A CONNECTION POINT FROM THE UTILITY COMPANY TO THE BUILDING AND THEN TO THE INDIVIDUAL UNITS IN BUILDING OUR NEXT SLIDE.
EXHIBIT TWO RS, A CLOSE-UP OF THE GAS SUPPLY LINE FOR BUILDING ARE STILL DISCONNECTED AND UNDER A PRESSURE TEST.
THIS CONCLUDES MY PRESENTATION OF BUILDING OUR AND HEREBY CONCLUDE MY CASE PRESENTATION BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
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 WITH UNSAFE AND DANGEROUS CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TO OUR STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IN ORDER THAT THE OWNER COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED THREE REQUEST INSPECTIONS FROM AUSTRIAN CODE TO VERIFY COMPLIANCE AND FOUR ON THE 46 DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $2,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE ENTER, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I WILL GO AHEAD AND ADMIT STAFFS EXHIBIT EXHIBITS, NUMBER ONE AND TWO EIGHT THROUGH TWO ARE, AND I'D LIKE TO DRAW THE COMMISSION'S ATTENTION TO THREE PROPERTY OWNERS EXHIBITS, WHICH ARE ALSO AVAILABLE IN THE READERS.
AND, UM, I WILL GO AHEAD AND ADMIT PROPERTY OWNER EXHIBITS, NUMBER ONE, TWO AND THREE AS WELL.
AND, UH, FROM HERE, UH, TANYA BEAR, DO YOU WANT TO BEGIN OR WHAT'S YES.
YES, MA'AM I CAN, I CAN BEGIN.
UM, I WOULD JUST LIKE TO START BY SAYING THAT THE CURRENT, UM, CLIENT TOOK OWNERSHIP POSSESSION OF THIS PROPERTY ON EIGHT ONE OF 21, WE INHERITED A LONG LIST OF CODE VIOLATIONS, AS WELL AS THE INHERITANCE OF BEING ON THIS REPEAT OFFENDER LIST.
IT IS THE CLIENT'S MAIN GOAL TO GET THIS PROPERTY IN 100% CODE COMPLIANCE AND GET OFF THIS REPEAT OFFENDER LIST.
UM, NOT ONLY TO BE INHERIT THE CODE VIOLATIONS, BUT THEN ON 10, 10 OF 21, UM, WE HAD THE FIRE, WHICH IS A DAY BEFORE THE DATE OF THE, ON THE DEFICIENCY CHART OF ALL OF THE ITEMS LISTED.
UM, WE DID OFFER ALLOW TO LET THESE RESIDENTS OUT OF THEIR LEASES WITHOUT PENALTY.
UM, AND WE, THE FEEDBACK THAT WE GOT FROM THE RESIDENTS IS THAT THEY DID NOT HAVE ANYWHERE ELSE TO GO DUE TO HOUSING SHORTAGES.
UM, SO THEY FEARED THAT MANY OF THEM FEARED THAT THEY WOULD BE HOMELESS.
WE DID PROVIDE A UNIT FOR HOT WATER, UM, AND WE DID PROVIDE ELECTRIC HEATERS TO THEM AS WELL.
UH, THE INSURANCE COMPANY FOR THE FIRE PORTION HAS ALREADY REVIEWED, APPROVED AND FUNDED, UH, OVER $335,000 FOR THE WORK.
OUR MAIN OBJECTIVE IS TO GET THESE UNITS UP AND RUNNING AND FILLED.
UM, THERE ARE 34 VACANT AND BUILDING ARE BECAUSE WE CAN'T LEASE THEM WITHOUT HOT WATER BECAUSE IT WOULDN'T BE THE RIGHT THING TO DO.
WE HAVE 13 OF THOSE ALREADY READY TO GO, EXCEPT FOR THE LACK OF THE WATER THAT WE COULD HAVE.
UM, OUR APPROXIMATE LOSS PER MONTH IS AROUND 30,000.
SO IT'S, IT'S, IT'S REALLY OUR NUMBER ONE PRIORITY.
WE'RE WORKING FAST AND FURIOUS.
UM, WE DO HAVE SOME PAIN POINTS, UM, AND I'LL LET PHIL AND CARLOS SPEAK MORE CLEARLY ON THAT.
UM, WITH INSPECTORS AND PERMITS, THERE, THERE SEEMS TO BE CONFLICTING INTERPRETATIONS OF WHAT NEEDS DONE.
SO WE'RE HAVING TO SCHEDULE MULTIPLE INFECTIONS AND THEN WE'LL HAVE SOMEONE ELSE TELL US THAT WE NEED SOMETHING DIFFERENT THAN WE WERE TOLD BY THE PERSON BEFORE.
UM, THAT HAS BEEN THE THING THAT HAS SLOWED DOWN THE PROGRESS ON THIS.
UM, I DID ATTACH IN THE EXHIBITS A LIST OF INVOICES FOR BUILDING OUR ALONE.
[02:30:01]
$495,000 SINCE TAKEOVER, UM, ON THE PROPERTY ITSELF, 1.3 MILLION.SO THIS CLIENT IS WANTING TO GET THIS CLEANED UP.
UM, SO I GUESS COLE OR CARLOS, IF YOU HAVE ANYTHING TO ADD, UH, YES.
UH, MY NAME IS CARLOS AND I'M THE PROJECT MANAGER THERE AT THE VALDOSTA APARTMENT.
UM, BEING WHAT'S BEEN GOING ON IS IN THE BEGINNING OF THIS, UH, AFTER THE FIRE, WE HAD A PLUMBER WHO UNFORTUNATELY, UH, WAS DOING SO VERY, UH, BAD, THIS WASN'T UP TO OUR STANDARDS.
I BELIEVE AT THE BEGINNING OF DECEMBER, UH, WE WERE ABLE TO HIRE A NEW PLUMBER AND WE WERE TRYING TO SWITCH OVER THE, UH, NAME OR THE PERMIT INTO THE NEW NAME OF THE, UH, NEW PLUMBERS THAT WE HAD ONSITE.
UM, THAT PROCESS TOOK A LITTLE OVER THAN A MONTH AND A HALF TO GET DONE ALMOST TWO MONTHS.
UH, AND WE HAD JUST BEEN WAITING FOR THEM AFTER THAT.
UM, WE HAD AN INSPECTOR COME IN, UH, HE LET US KNOW ABOUT THEM, SEDIMENT, TRAPS, AND NEEDED TO BE INSTALLED BEFORE GUESTS INSPECTS INSPECTION CAN GET DONE.
AFTER THAT WE HAD ANOTHER INSPECTOR COME IN, UH, IN TOLD US THAT WE NEEDED TO REPLACE, UH, ALL THE, UH, SMOKE ALARMS. UM, AND THEN WHEN WE DID THAT, THEN FURTHERMORE, THEY SAID WE NEEDED TO INSTALL CO2 ALARMS IN EVERY UNIT, IN EVERY BEDROOM AND THE BATHROOM AND THE KITCHEN LIVING ROOM AREA.
SO WE WENT AHEAD AND DID THAT TOO.
UM, IN THE LAST COUPLE OF WEEKS, WE, UH, HAD A COUPLE OF INSPECTIONS.
UM, WE PASSED A CITY INSPECTION FOR THE GAS LAST WEEK, UH, OR, UH, YEAH, I BELIEVE LAST WEEK, BUT THEN WHEN TEXAS GAS CAME OUT, UH, TO TURN ON THE GAS, THEY DID THEIR INSPECTION, THEY KICKED OUR INSPECTION BACK TO THE CITY.
UM, THERE WAS A FEW MCDONALD VALVES THAT THEY DIDN'T WANT PUT ON WHICH THE CITY ACTUALLY HAD US PUT ON BECAUSE IT WAS UNDER CONSTRUCTION AND THEY DIDN'T WANT ANYBODY TO GO INTO THE UNITS OR KIDS TO MESS AROUND WITH THOSE VALVES.
SO THEY WANTED A MCDONALD VALVES PUT IN NOW, TEXAS GUYS CAME IN AND SAID THEY DON'T WANT MCDONALD VALVES.
SO I REACHED OUT TO CHAD WATSON, SUPERVISOR OF THE INSPECTORS FOR GAS, AND, UH, HE TOLD ME, HEY, THEY HAVE THE LAST WORD.
IF THEY WANT BALL VALVES AND WE'LL GIVE THEM BALL VALVES.
SO I PROCEEDED ON TO, YOU KNOW, UH, PUT ON BALL VALVES, UH, TODAY WAS SUPPOSED TO BE THE DATE AND THE CITY CAME IN AGAIN AND INSPECTED FOR ALL THE REPAIRS, UH, THAT TEXAS GAS WANTED US TO DO.
UM, AND THEN I WAS HIT WITH A COUPLE OTHER ITEMS THAT WERE NEVER COMMUNICATED TO ME.
UM, OTHERWISE I WOULD'VE GOTTEN FIXED.
I MEAN, THERE WERE REALLY TINY ITEMS. UM, THEY HAVE NOW, UH, I HAVE NOW SCHEDULED THEM TO BE FIXED TOMORROW, FIRST THING IN THE MORNING, SO WE CAN CALL HIM FOR A CITY INSPECTION AS SOON AS HUMANLY POSSIBLE.
SO TEXAS GUYS CAN COME IN AND DO THEIR INSPECTION AND SEE HOW THAT GOES, UH, FOR THE GAS.
UM, AS FAR AS THE OTHER V UH, DEFICIENCIES THAT WE HAVE IN THE CITY THAT JOHNNY PRESENT.
IF YOU COULD KIND OF SUMMARIZE BIG PICTURE, YOU KNOW, WHAT YOU THINK YOU HAVE REMAINING TO, TO COMPLETE ALL OF THESE OUTSTANDING VIOLATIONS AND PERHAPS A TIMELINE MAY BE REALLY HELPFUL, RIGHT.
UM, WHAT I NEED IS THOSE PICTURES THAT, THAT MR. SERNA GAVE YOU GUYS I'M ON THE PHONE.
I'VE, I'VE ASKED, UM, NUMEROUS TIME FOR A LIST AND I'VE, I'VE BEEN GIVEN A NON-OFFICIAL LIST ON AN OFFICIAL LIST.
UM, BUT I, I WOULD LOVE THOSE PICTURES AND I WOULD GET THEM FIXED AS SOON AS HUMANLY POSSIBLE ON MR. SARNA SIDE.
UM, AND AS FAR AS THE GAS, NO HOT WATER, WE CAN TAKE CARE OF THAT.
UH, WE'RE WORKING ON THAT RIGHT NOW.
WE'VE BEEN WORKING ON IT SINCE OCTOBER OR DECEMBER.
AND, UM, WE'RE OUR, I MEAN, WE'RE, WE, 17 DAYS AWAY FROM THIS ISSUE BE GONE.
IF TEXAS GAS WORKS WITH US AND WE WORK WITH THEM, UH, AND THE COMMUNICATIONS FLOWS, THEN I DON'T SEE IT AS BEING MUCH LONGER, CARLOS.
I WANT TO JUST INTERJECT REAL QUICK.
WE HAVE HAD PERMITS INTO, OR PERMIT SUBMITTED INTO THE CITIES FOR MONTHS AT THIS PERIOD.
NOW, UM, I KNOW JOHNNY HAD SAID THAT WE DID NOT HAVE ANYTHING.
UM, THERE ARE PERMITS ACTIVE ON THIS JOB SITE
[02:35:01]
SO THE COMMISSION DOESN'T HAVE ACCESS TO THAT INFORMATION, UNFORTUNATELY.UM, BUT WHAT I'M HEARING FROM FROM THE MANAGEMENT TEAM IS THAT YOU ARE DILIGENTLY WORKING TO ADDRESS THESE CONCERNS.
YOU PERHAPS NEED TO COMMUNICATE WITH THE CODE, INVEST IN INSPECTOR TO HAVE A CLEAR LIST OF WHAT NEEDS TO BE DONE.
UM, WE STILL HAVE NOT HEARD WHAT YOUR ESTIMATED TIMEFRAME IS FOR COMPLETION.
I MEAN, DO YOU, DO YOU FEEL THAT YOU COULD COMPLETE ALL OF THESE ITEMS WITHIN 45 DAYS? ABSOLUTELY.
DO YOU HAVE ANYTHING? AND IF WE COULD GET SOMETHING, IF WE COULD GET A COMPILED LIST, SO BACK TO HIS POINT WITH VERY SPECIFIC, SO THAT WE'RE NOT RUNNING INTO AN ISSUE WHERE WE FIXED WHAT WE THOUGHT WE NEEDED TO FIX, AND THEN THERE WAS SOMETHING ELSE ADDED ON THE LIST THAT IF WE JUST KNEW IT, IF SOMEONE WOULD JUST TELL US EXACTLY WHAT TO DO, WE WILL DO IT INSPECTOR SANTA.
IF I MAY, UM, I HAVE WALKED THE PROPERTY WITH, UH, THE PROPERTY REPRESENTATIVES.
I'VE ALSO SET THEM UP WITH, UM, LINKS THAT THE CITY OF AUSTIN PROVIDES THAT THEY CAN LOG ON AND THEY CAN MAKE A NOTIFICATION EVERY TIME THAT, UM, A CONTRACTOR PULLS A PERMIT, IT WOULD SEND THEM AN EMAIL NOTIFYING THEM THAT A PERMIT HAS BEEN PULLED.
THE ONLY PERMIT, THE ONLY PERMIT, THE ONLY PERMIT SO FAR, UH, THAT I'VE SEEN AS OF TODAY IS ONE PLUMBING PERMIT.
SO, UM, AS FAR AS MY UNDERSTANDING GOES, WHEN A UTILITY COMPANY COMES IN AND SHUTS OFF A SERVICE TO THE PROPERTY, UH, THE PROPERTY OWNERS AND, OR THEIR CONTRACTORS AND AGENTS ARE REQUIRED TO GET A PERMIT FOR THE BUILDING AND EACH INDIVIDUAL UNIT.
SO FAR, WE'VE ONLY SEEN THE BUILDING FOR THE LINE PERMIT TO THE BUILDING ITSELF.
UM, SO I MEAN, THEY, THIS IS SOMETHING THAT THEY HAVE ACCESS TO.
I'VE SENT EVERY SINGLE PROPERTY MANAGER, UH, THAT'S COME THROUGH THE PROPERTY.
EVERYBODY THAT I'VE SPOKEN WITH, EVERYBODY THAT I'VE WALKED THROUGH, UM, AS FAR AS THE OFFICIAL LIST OR NON-OFFICIAL LIST THAT CARLOS WAS TALKING ABOUT, WE ALWAYS, THE OFFICIAL LIST IS A NOTICE OF VIOLATION.
THAT IS THE OFFICIAL LIST THAT WE SEND OUT.
WE, UH, HAVE, UH, GENERATED IN THE PAST, UM, EXCEL SPREADSHEETS THAT DETAIL ALL THE, THAT HIGHLIGHT ONLY, I SHOULD SAY THE, UM, THE DEFICIENCIES AND QUESTION, UH, THAT WE WANT THEM TO ADDRESS SO THAT THEY DON'T HAVE TO SIT THERE AND SORT THEM OUT THEMSELVES.
UM, BUT THAT'S, THAT'S ALWAYS BEEN A COURTESY.
IT'S NOT SOMETHING THAT WE'RE REQUIRED TO, UH, TO, UH, UM, GIVE THEM, BUT WE ALWAYS DO.
UM, ESPECIALLY IF THEY ASK, BECAUSE WHAT WE WANT IS VOLUNTARY COMPLIANCE.
AND I JUST WANT TO ADD THAT LIST IS IN YOUR BACKUP READERS AS THAT DEFICIENCY LIST THAT, UM, IN YOUR READERS, YOU CAN LOOK AT IT AS WELL.
IT'S ALL OF THE VIOLATIONS THAT WOULD BE INCLUDED IN THE NOTICE OF VIOLATION.
SO IF, IF THE MANAGEMENT COMPANY IS TO COMPLETE EVERYTHING THAT'S ON THAT UNOFFICIAL LIST, THE XL SPREADSHEET, THEN THAT WOULD INCLUDE EVERYTHING THAT IS ON THE OFFICIAL NOTICE OF VIOLATION.
IS THAT CORRECT? THAT IS CORRECT.
SO MS. BAIRD, MR. DARDY, AND MR. UHLAND, DO YOU HAVE ANY OTHER COMMENTS OR QUESTIONS FOR CITY STAFF CITY CODE INSPECTOR? NO, JUST THAT WE'RE VERY MOTIVATED.
HIS WHOLE INTENT WAS TO GET THIS NOT ONLY THIS PROPERTY, BUT THE AREA TURNED AROUND AND, AND, YOU KNOW, WE'VE, WE'VE DONE EVERYTHING TRULY AT EVERY POINT TO DO, TO MAKE THIS A QUICK PROCESS.
UM, I'LL, I'LL LET THE, MY FELLOW COMMISSIONERS, UM, ASK QUESTIONS OF YOU AND OF OUR CODE INSPECTOR, UH, COMMISSIONER GREEN.
WOULD YOU LIKE TO PROCEED? YEAH.
I GOT A COUPLE OF QUESTIONS FOR THE OWNERS THAT IN THE YARD REPRESENTATIVE, UM, YOU KNOW, ONE, I MEAN, IT'S, IT'S GOOD TO COACH GIVE ME A LIST OF WHAT'S NEEDED TO, BUT THINGS CAN BREAK BETWEEN NOW AND THEN AS WELL THAT YOU'RE GOING TO HAVE TO DRESS.
I MEAN, YOU UNDERSTAND THAT, YOU KNOW, YOU'VE MADE AN INVESTMENT AND YOU HAVE MAINTENANCE THAT YOU'RE GOING TO HAVE TO CONTINUE TO PERFORM
[02:40:01]
AFTER THIS.MY POINT BEING IS YOU GOT A LIST OF SUBSTANTIAL LIST OF ISSUES WHEN YOU NEED TO BE PROACTIVE AND HAVE A PLAN, UM, IN THE SENSE THAT YOU'VE GOT A PROPERTY, THAT'S GOT SOME AGE TO IT, SOME, UH, AREAS, AND YOU'RE GOING TO HAVE ONGOING MAINTENANCE REQUIREMENTS.
I'VE HAD ONE SMALL PROPERTY AND I'VE HAD TO DEAL WITH, YOU KNOW, MIDNIGHT CALLS, BUT, UM, YOU KNOW, HE TRIED TO GET ON IT PRETTY QUICK.
SO I THINK THE ASSUMPTION THAT YOU GET A LIST FROM THE CITY THAT SAYS YOU CHECK OFF ALL THESE THINGS, AND YOU'RE PERFECT, THAT'S AN ERRONEOUS ASSUMPTION.
YOU GOTTA BE PROACTIVE TO GET OUT THERE AND MAKE SURE THAT YOU'RE MAINTAINING THE BUILDINGS THAT YOU ARE ON THE REPEAT THE REPEAT OFFENDER PROGRAM, BECAUSE THIS IS NOT THE FIRST TIME.
SO, UH, UH, APPRECIATE YOUR EFFORTS.
I SEE THAT SHE'S DONE A LOT, BUT, UH, THERE'S SOME EXPECTATIONS THAT YOU HAVE RESPONSIBILITY TO GET OUT IN FRONT OF THIS.
UM, MS. MR. GREEN, CAN, UH, MR. GREEN, CAN I INTERJECT REAL QUICK? UM, I JUST WANT TO PUT OUT THAT THIS PROPERTY HAS BEEN UNDER A INTENSIVE REHAB FOR THE LAST SIX, SEVEN MONTHS.
UM, THERE'S BEEN ITEMS THAT HAVE BEEN IDENTIFIED AS LIFE SAFETY ISSUES THAT WE IDENTIFIED BEFORE WE TOOK OVER THE PROPERTY, UH, CASE IN POINT, THE RAILINGS THAT WERE ON THE PROPERTY WERE NOT FOUR INCH ON CENTER.
WE REPLACED THE ENTIRE RAILINGS ON THE ENTIRE PROPERTY, SAME THING ALONG THE, UH, STAIRWELLS LANDINGS, UH, PATIOS, BALCONIES, THOSE ITEMS. SO WE ARE PROACTIVELY TAKING CARE OF THIS PROPERTY.
WE ARE CHANGING ITEMS ON THE PROPERTY WITH PERMITS.
UM, I WANT TO MAKE SURE THAT YOU GUYS KNOW THAT WE ARE PULLING PERMITS ON THE SITE.
UM, WE'RE NOT JUST LETTING THE PROPERTY SIT SEVEN MONTHS AGO.
IF YOU DROVE BY THIS PROPERTY AND YOU DROVE BY IT TOMORROW, YOU WOULDN'T EVEN KNOW IT'S THE SAME PROPERTY.
IT IS A COMPLETELY DIFFERENT PROPERTY THAN IT WAS WHEN WE TOOK OVER THIS PROPERTY.
THAT'S GREAT TO HEAR THIS IS CHAIR FRYBERGER.
UM, OTHER COMMENTS OR QUESTIONS FROM THE COMMISSION.
AND I WOULD LIKE TO REMIND EVERYONE TOO, THAT THE PROPERTY REPRESENTATIVES HAVE STATED THEY HAVE NO ISSUE WITH COMPLETING ALL THESE CITED VIOLATIONS WITHIN THE PROPOSED TIMEFRAME OF 45 DAYS.
ARE THERE COMMENTS I'M OVER HERE? I MOVED OVER, WE ACCEPTED THE FINDINGS OF FACT, UH, FROM CITY STAFF AND, UH, WE, UH, UH, VOTE ON THIS, UH, UH, PARTICULAR, UH, REALLY AWKWARD.
SO THE MOTION IS TO, IS TO ADOPT STAFF'S, UM, RECOMMENDED ORDER, WHICH IS, WHICH HAS A TIMELINE OF 45 DAYS TO COMPLETE EVERYTHING.
AND THEN PENALTIES WOULD BEGIN TO ACCRUE ON THE 46 DAY.
ANY FURTHER COMMENTS OR DISCUSSION OR SHALL I CALL THE QUESTION? ALL RIGHT, I'LL DO THE SPIRAL CALL AGAIN.
UM, IF YOU ARE IN FAVOR, JUST SAY AYE OR YES.
THANK YOU, COMMISSIONER FRANCIS.
THANK YOU, COMMISSIONER BENDING.
COMMISSIONER STOW, STUD, AND I AM ALSO IN FAVOR.
SO IF THE MOTION PASSES, IT IS UNANIMOUS.
SO A COPY OF THE ORDER WILL BE MAILED OUT TO YOU.
UM, AND IF YOU HAVE FURTHER QUESTIONS, OF COURSE, PLEASE ALWAYS GET WITH YOUR CODE INSPECTOR INSPECTOR SERNA, AND WE WISH YOU THE BEST OF LUCK, AND WE ARE HAPPY TO SEE THAT THE PROPERTY IS, IS MOVING IN THE RIGHT DIRECTION.
SHALL WE MOVE ON TO THE AND ITEM
[5. Case Number: CL 2022-002014]
ITEM NUMBER FIVE ON THE AGENDAS CASE NUMBER CL 20 22 0 0 2 1 1 0 1 4.AND IS REGARDING THE PROPERTY LOCATED AT 600 BARWOOD PARK BUILDING 22, ALSO KNOWN AS THE REMINGTON HOUSE APARTMENTS.
[02:45:01]
WAS CONTINUED FROM THE JANUARY 26TH MEETING STAFF EXHIBITS CAN BE FOUND IN THE RED ORANGE BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDERS.THIS CASE WAS FIRST ESCALATED TO BSC IN OCTOBER, 2021.
THE CASES REGARDING A SINGLE STRUCTURE WITHIN A COMMERCIAL MULTI-FAMILY COMPLEX, THE STRUCTURE HAS SUFFERED FROM FIRE DAMAGE NOW ON THREE SEPARATE OCCASIONS SINCE APRIL, 2020, AND MS. SALLY, I'M SO SORRY TO INTERRUPT YOU ONCE AGAIN.
I DID WANT TO MAKE SURE THAT WE HAVE OUR PROPERTY REPRESENTATIVES ON THE LINE.
D BOY, ARE YOU WITH US THIS EVENING? YES.
AND MELINDA WALKER, ARE YOU WITH US? AND GREAT.
UM, YES, MS. ALLIE, PLEASE CONTINUE.
THIS CASE WAS FIRST ESCALATED TO BSC IN OCTOBER, 2021.
THE CASES REGARDING A SINGLE STRUCTURE WITHIN A COMMERCIAL MULTI-FAMILY COMPLEX, THE STRUCTURE HAS SUFFERED FROM FIRE DAMAGE ON THREE SEPARATE OCCASIONS SINCE APRIL, 2020.
THE FIRE DAMAGE PORTION OF THE BUILDING IS I BELIEVE THE WHOLE BUILDING IS UNOCCUPIED.
UH, THE BUILDING HAS SINCE BEEN SECURED FENCED IN PLACARDED.
THE STRUCTURE IS CONSIDERED DANGEROUS WITH SUBSTANDARD AND UNSAFE CONDITIONS, WHICH REQUIRE REPAIR.
I JUST WANT TO ADD THAT IN THE JANUARY MEETING, WHEN THIS CASE WAS CONTINUED, IT WAS REQUESTED THAT THE OWNER'S REPRESENTATIVE BRING ADDITIONAL EVIDENCE TO SUPPORT HER REQUEST FOR MORE THAN 90 DAYS TO BRING THE PROPERTY INTO COMPLIANCE AS IDENTIFIED IN RULE 4 0 6 AND YOUR GOOGLE DRIVE FOLDERS AND READERS, YOU'LL FIND THE FOLLOWING EXHIBIT ONE AND TWO, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT THREE, WHICH CONTAINS AN UPDATED COMPLAINING CASE HISTORY, THE REQUIRED NOTICES FOR TONIGHT'S HEARING AND POSTINGS.
THE STRUCTURE MAP, IDENTIFYING BUILDING ARE AND COPIES OF THE THREE FIRE INCIDENT REPORTS AND EXHIBIT FOUR, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS EXHIBITS FOUR, A THROUGH FOUR I AND LASTLY CODES RECOMMENDED ORDER INVESTIGATOR TOVAR, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS ALISHA TOVAR, AND I'M GOING TO, EXCUSE ME, I'M A CITY OF AUSTIN CODE INVESTIGATOR FOR THE NORTH CENTRAL DIVISION.
THE CASE I'M PRESENTED BEFORE YOU THIS EVENING IS 600 BARWOOD BUILDING NUMBER 22.
THE CASE IS A CONTINUATION OF THE CASE THAT WAS BROUGHT BEFORE THE BSC IN JANUARY OF 2020, I'M SORRY, JANUARY, 2022.
SINCE THAT DATE, THE T THE TEAKETTLE MUST HAVE OBTAINED AN ACTIVE BUILDING PERMIT 20 22 0 2 1 5 7 6, AN ACTIVE AND PENDING ELECTRICAL MECHANICAL AS WELL AS PLUMBING PERMITS TONIGHT, I WILL PRESENTING THE PHOTOGRAPHS EXHIBITS FOUR EIGHT THROUGH FOUR.
I, THESE PHOTOGRAPHS ARE TRUE AND ACCURATE DEPICTION OF THE VIOLATIONS OF CONDITIONS.
AT THE TIME, THE DATE AND DATES, THE PHOTOS WERE TAKEN PHOTO TWO, A VOTER TO IS RENTING HOUSE, APARTMENT COMPLEX SIGN AS WAS THE ADDRESS.
PHOTOGRAPH TWO B FOUR B IS CONTEXTUAL PHOTOGRAPH OF BUILDING NUMBER 22, THE STRUCTURE, WHICH IS 12 APARTMENT UNITS.
YOU CAN NOTE THAT THE FIRST, SECOND FLOORS, AS WELL AS ALL THE ACCESS ROUTES HAVE BEEN SECURED BY PLYWOOD, AS WELL AS THE ENTIRE STRUCTURE HAS BEEN SECURED BY
PHOTOGRAPH FOUR SEATS IS A PHOTOGRAPH THAT YOU CAN SEE THE STRUCTURE WAS PLACARDED WITH A YELLOW PLACARD NOTING UNSAFE CONDITIONS, WHICH CURRENTLY EXIST PHOTOGRAPHS TO D THROUGH TO I OR VARIOUS SHOTS OF THE INTENSIVE EXTENSIVE FIRE DAMAGE, WHICH AFFECTED STRUCTURE NUMBER 20 TWOS, ROOFS, ROOFING COMPONENTS, DRESSES, DECKING, EXTERIOR WALLS, AND MISSING COMPONENTS, ALLOWING THE ELEMENTS OF NATURE TO ENTER TO THE STRUCTURE FURTHER, COMPROMISING THE INTEGRITY OF THE STRUCTURE.
THIS CONCLUDES MY PRESENTATION BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE.
THE SUBSTANDARD CONDITIONS STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS FOUR, A THROUGH FOUR.
I STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE FOR BUILDING 22 SHALL REMAIN VACANT INSECURE UNTIL ALL REPAIRS REQUIRED BY THIS
[02:50:01]
ORDER ARE COMPLETE.AND FOUR, FIVE ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS THIS FIELD 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.
I'LL GO AHEAD AND ADMIT STAFF'S EXHIBITS THREE AND FOUR A THROUGH FOUR.
I, AND I WILL ALSO GO AHEAD AND ADMIT THE PROPERTY OWNER EXHIBITS, WHICH ARE AVAILABLE IN OUR READER AND IT IS, UM, IT IS A LOT OF PAGES.
SO, UM, I'M HOPING THAT MS.
I, IF Y'ALL ARE READY, I CAN GO AHEAD AND START PRESENTING OUR CASE.
UM, YES, I DID PRESENT TO THE COMMISSION.
I HAVE EXHIBITS A THROUGH G UM, EXITED A COMMISSIONERS.
IT'S REALLY JUST THE ARCHITECTURAL PLAN.
I BELIEVE THAT WE PRESENTED THESE AT THE HEARING IN JANUARY AS WELL.
THESE WERE APPROVED, UM, BY THE CITY OF AUSTIN PERMITTING DEPARTMENT, FINALLY IN, UM, UH, FEBRUARY OF THIS YEAR, THESE PLANS WITH THE ARCHITECTURAL FIRM AND THE DRAWINGS FOR THE REPAIRS WERE INITIALLY DONE IN 2020.
HOWEVER, AN ADDITIONAL FIRE OCCURRED IN 2021 IN APRIL, 2021, UM, DUE TO, UH, A HOMELESS ENCAMPMENT THAT IS ON CITY AND, UH, REMINGTON HOUSE PROPERTY.
WE HAVE INDIVIDUALS THAT CONTINUOUSLY ARE BREAKING INTO THIS BUILDING AND USING SOME OF THE BUILDINGS STRUCTURES FOR, UM, FOR HEAT AND CAUSING FIRES AND STARTING FIRES.
SO THAT'S ONE OF THE MAIN ISSUES THAT WE'RE FACING HERE.
UH, EXHIBIT B IS JUST A, UH, PRINT OUT COPY OF ONE OF THE APPROVED PLANS.
UH, AS YOU MAY RECALL, FROM THE INITIAL HEARING, THERE WAS A APPROVED PLAN, UH, APPROVED, I'M SORRY, APPROVED PERMANENT FOR THIS REPAIR TO THE BUILDING CAUSED BY THE FIRST FIRE.
WHEN THE SECOND FIRE OCCURRED, THE CITY OF AUSTIN PERMANENT DEPARTMENT REQUIRED OBVIOUSLY ADDITIONAL PERMITS.
THERE WAS SOME BACK AND FORTH EXCHANGES BETWEEN, UH, THE ARCHITECTURAL FIRM THAT MY CLIENT HAD HIRED AS WELL AS THE CITY OF AUSTIN PERMIT ABOUT WHAT EXACT PERMIT NEEDED TO BE PULLED THAT WAS RESOLVED.
AND THEN FINALLY, UH, AFTER AN EXPEDITED REVIEW WAS REQUESTED BY MY CLIENT THAT, UH, THOSE PERMITS WERE APPROVED IN FEBRUARY OF THIS YEAR EXHIBIT.
UM, SHE IS A CONSTRUCTION CONTRACT THAT YOU'LL SEE WITH BETWEEN REMINGTON HOUSE AND ITS, UH, GUARDIAN CONSTRUCTION.
IT'S GENERAL CONTRACTOR FOR THE FIRE RESTORATION OF BUILDING 22.
UH, THEY INITIALLY CONTRACTED WITH THIS COMPANY IN, UH, APRIL OF 2020.
UH, YOU'LL SEE, ON THE SECOND PAGE OF THIS DOCUMENT, WHICH AGAIN IS 276 PAGES.
I DON'T EXPECT YOU TO ALL GO THROUGH THAT, BUT THAT IS THE FULL DOCUMENT.
THE CONTRACT, THE ESTIMATED DATE OF COMPLETION WAS, UH, SEPTEMBER OF 2021.
HOWEVER, THAT ADDITIONAL FIRE IN APRIL OF 20 21, 1 YEAR ALMOST TO DATE FROM THE PREVIOUS BUYER, UH, CAUSED THAT ESTIMATED COMPLETION TO BE NOW PUSHED BACK, WHICH IS, UH, EXHIBIT D YOU'LL SEE AN AMENDMENT BETWEEN GUARDIAN AND REMINGTON HOUSE APARTMENTS THAT SHOWS THE COMPLETION DATE FOR THE PROJECT IS ESTIMATED TO BE THE END OF NOVEMBER OF THIS YEAR TO MAKE BUILDING 22, UM, FULLY COMPLIANT AND, AND, AND OPEN FOR OCCUPANCY SCOPE OF WORK, WHICH IS EXHIBIT E COMMISSIONERS.
YOU'LL SEE THAT, UH, THESE ARE SOME OF THE, THE, THE, THE WORK THAT STILL NEEDS TO BE DONE THAT IS CURRENTLY BEING WORKED ON, ON BUILDING 2022, UM, IN ALL 24 UNITS, WHAT NEEDS TO BE ORDERED, WHAT NEEDS TO BE, UH, IT, UH, WHAT NEEDS TO BE ORDERED AND WHAT NEEDS TO BE INSTALLED IN THE PROPERTY, UH, FOR THE PROPERTY THEN EXHIBIT F IS, UH, A LETTER FROM, UH, MY CLIENTS, UH, PORTFOLIO MANAGER FOR CF REMINGTON HOUSE, THE OWNER OF THE PROPERTY, SHOWING THAT WE HAVE RECEIVED FIRE INSURANCE PROCEEDS THAT WILL COVER THE COST TO RESTORE BUILDING 22 FOR OCCUPANCY.
[02:55:01]
FINALLY, COMMISSIONERS, UH, MELINDA WALKER, WHO IS ON THE LINE HERE TODAY HAS PROVIDED A STATEMENT IN REGARDS TO THE ISSUES THAT REMINGTON HOUSE HAS FOUND WITH HAVING THE CITY OF AUSTIN.UM, OTHER DEPARTMENTS WITHIN THE CITY OF AUSTIN, 3, 1, 1, UH, APD, AND EVEN AUSTIN FIRE RESPOND TO THE PROPERTY.
WHEN WE HAVE ISSUES WITH THE HOMELESS ENCAMPMENT, JUST OUTSIDE THE PROPERTY LINE ON CITY PROPERTY, AS WELL AS ON REMINGTON HOUSE PROPERTY, THERE'S BEEN ISSUES WITH THESE, THE CITY ENTITIES NOT RESPONDING.
UM, YOU KNOW, AND WHILE THEY'RE THERE, THERE ARE SOME, I DON'T WANT TO SAY EXCUSES, BUT THERE ARE SOME REASONS FOR THAT POSSIBLY WITH FUNDING OF THE POLICE DEPARTMENT OR PANDEMIC RELATED ISSUES, STAFFING.
UM, MY CLIENT HAS NOT BEEN ABLE TO HAVE PEOPLE ACTUALLY REMOVED THAT ARE NOT SUPPOSED TO BE ON THE PROPERTY THAT ARE TRESPASSING.
AND THOSE INDIVIDUALS HAVE NOW CAUGHT THIS BUILDING ON FIRE SEVERAL TIMES, AS WELL AS BUILDING 16 IN THE PROPERTY.
UH, AND SO THIS STATEMENT JUST REITERATE IT REITERATE MY CLIENT'S FRUSTRATIONS AND THE, THE ISSUES THAT THEY'RE FACING WITH ATTEMPTING TO GET THIS PROPERTY BACK IN COMPLIANCE WITH CODE AND OPEN FOR OCCUPANCY.
YOU KNOW, IT, IT IS LOSING MONEY BY NOT BEING ABLE TO RENT THIS BUILDING AS WELL AS THE OTHER BUILDING.
AND IT'S ALSO AN ISSUE FOR THE RESIDENTS THAT HAVE BEEN DISPLACED BY THESE FIRES.
SO BECAUSE OF WHAT WE ARE DOING AND, AND, AND THE CONTINUED TIMELINES, WE ARE REQUESTING THAT, UH, THE COMMISSION NOT TAKE ANY ACTION AND ALLOW REMINGTON HOUSE TO GET THIS COMMUNITY FULLY RESTORED AND GET THE, UM, BUILDING 22 FULLY REMODELED, UM, READY FOR OCCUPANCY AND NOVEMBER, OR AT THE END OF NOVEMBER, 2022.
AND MELINDA WAKO, DID YOU WANT TO ADD TO THIS, OR, UM, WE SEE YOUR STATEMENT HERE, THAT'S AT THE TAIL END OF THE PROPERTY OWNER EXHIBIT, BUT IF YOU WANTED TO SUMMARIZE PERHAPS, UM, NO, I THINK AARON DID A GREAT JOB IN MY LETTER.
DO YOU HAVE QUESTIONS FOR MR. BOYD OR MS. WALKER OR FOR INVESTIGATOR TOVAR? YES.
I'M TRYING TO REMEMBER WHEN, WHEN THEY CAME TO THE PREVIOUS MEETING, I IMAGINE WE SAID, PLEASE COME BACK WITH PLAN, YOU KNOW, THE, THE FOUR THINGS THAT WE NEED TO GIVE THEM LONGER THAN 90 DAYS, WHICH I THINK IS A PLAN PROOF THEY CAN PAY FOR IT.
UM, A CONTRACT, YOU KNOW, I DON'T REMEMBER WHAT THE FOURTH ITEM IS NOW, BUT I GUESS WHAT I'M WONDERING IS DO THEY HAVE ALL THOSE ITEMS HERE? UM, I CAN REMIND YOU OF THE FOUR ITEMS THAT WERE REQUESTED.
WOULD YOU LIKE ME TO DO THAT? YES.
CAUSE THEN I THINK WE HAVE THE OPTION.
I DON'T THINK WE CAN NOT TAKE ACTION, BUT THEN WE COULD TAKE ACTION BASED ON THAT INFORMATION IN TERMS OF TIMELINE AND THINGS LIKE THAT.
AND, AND, AND I CAN ANSWER SOME OF THAT TOO, IF YOU'D LIKE I HAVE RURAL 4 0 6 IN FRONT OF ME, SO DO I GO FOR IT? SO IT DOES REQUIRE THAT, YOU KNOW, THE ENGINEER OR ARCHITECT HAVE THE, UH, PLANS WE DO HAVE THAT.
WE HAVE HAD THAT SINCE, UH, SINCE APRIL OF 2020, WE HAVE SUBMITTED THAT TO THE CITY OF AUSTIN.
UM, WE HAVE A FORMAL BREAKDOWN OF COSTS IN THAT CONTRACT THAT WE HAVE WITH OUR CONTRACTOR GUARDIAN CONSTRUCTION.
AND THEN WE ALSO HAVE A LETTER FROM A FINANCIAL INSTITUTE, WHICH IS THAT CVRE SHOWING THAT WE HAVE PROOF OF FUNDING, UM, WITH THE TWO INSURANCE CHECKS THAT HAVE BEEN CUT TO REMINGTON HOUSE TO PAY FOR THE REPAIRS.
AND THEN FINALLY, THE FOURTH ITEM IS THAT ESTABLISHED TIMEFRAME FOR THE WORK TO BE ACCOMPLISHED.
AND THAT IS THE AMENDMENT TO THE, UM, CONTRACT WITH GUARDIAN CONSTRUCTION, WITH CHURCHILL FORD'S PROPERTIES, REMINGTON HOUSE, UH, THEY'RE THERE, THE OWNER AND MANAGER SHOWING THAT THE DATA COMPLETION NOW IS ROUGHLY THE END OF NOVEMBER, 2022.
AND THOSE ARE THE FOUR ART ITEMS THAT THE RULE 4 0 6.
UM, I'D LIKE TO MOVE THAT WE CLOSE THE PUBLIC HEARING.
DOES ANYONE OBJECT? I DON'T SEE ANY OBJECTIONS FROM THE COMMISSION.
SO THE PUBLIC HEARING IS SO CLOSED,
[03:00:01]
UH, COMMISSIONER MILLER.I WAS TRYING TO SCAN THROUGH THE EXHIBITS AND I DID SEE ALL OF THESE ITEMS IN THE EXHIBITS.
SO I DO BELIEVE THAT IF WE WANT TO, IF WE WANT TO EXTEND THE REPAIR TIMEFRAME PAST 90 DAYS, WE CERTAINLY DO HAVE THE MATERIAL HERE TO JUSTIFY THAT IF WE WANT IT TO, OH, I HAVE A QUESTION.
WHEN WE CLOSE THE PUBLIC HEARING, WE CAN STILL ASK QUESTIONS OF THE OWNERS.
UM, I, I BELIEVE THE FOUR ITEMS ARE PRESENT.
I'M A LITTLE BIT, I HAVE QUESTIONS OF THE REPRESENTATIVES AS FAR AS, UM, THE ADDENDUM TO THE CONTRACTS WITH, UH, CONSTRUCTION COMPANIES.
SO, UM, THERE ARE LOTS OF PAGES OF PAGES, BUT I WAS ABLE TO SCROLL THROUGH REALLY QUICKLY.
THERE WAS AN ORIGINAL CONTRACT WITH A COMPANY THAT WAS CALLED GUARDIAN, AND THEN THE ADDENDUM SHOWS TWO SEPARATE CONSTRUCTION COMPANIES.
IS THAT CORRECT? THE ADDENDUM, WHICH IS HIS GUARDIAN CONSTRUCTION? NO, YOU'RE SEEING CHURCHILL.
REMINGTON HOUSE IS THE OWNERS C CF REMINGTON HOUSE.
CHURCH HILL BORGE IS THE PROPERTY OWNER.
PROPERTY MANAGER OR A REMINGTON HOUSE.
IT'S CHURCHILL FORGE PROPERTIES.
THEY, THEY THEY'RE OWNER MANAGED.
THEY, YEAH, THEY IT'S ONE ENTITY.
SO YOU'RE, YOU DID SAY WHEN YOU WERE GOING THROUGH YOUR EXHIBITS AND, UM, GOING THROUGH THE TIMELINE THAT, UM, BECAUSE THERE WAS ANOTHER FIRE IN 2021 THAT PUSHED BACK THE COMPLETION DATE TO NOVEMBER OF 20, 22, IS THAT RIGHT? AND THE REASON, YES.
AND THE REASON FOR THAT IS BECAUSE THE SECOND PERMIT THAT WAS REQUIRED BY THE CITY, IT BASICALLY BOTH PERMITS GOT ROLLED INTO ONE BECAUSE THEY WERE, THE INITIAL PERMIT WAS ISSUED AFTER THE FIRST FIRE WORK WAS TO BEGUN TO BEGIN.
UM, THAT OBVIOUSLY TOOK TIME CAUSE IT WAS 2020 IN THE HEIGHT OF THE PANDEMIC, UM, WORK BEGAN.
AND THEN, AND THEN ANOTHER FIRE HAPPENS.
SO THE COMPANY HAD TO PULL PERMITS AGAIN, BUT THEN THERE BECAME ANOTHER ISSUE WITH THE CITY OF AUSTIN CO UH, PERMITTING DEPARTMENT ABOUT WHAT ACTUAL PERMIT NEEDED TO BE PULLED, WHETHER IT WAS DEMOLITION, RECONSTRUCTION, REPAIRS, ET CETERA.
AND THERE WAS SOME EMAIL EXCHANGES THAT I BELIEVE WE SUBMITTED INTO EVIDENCE IN THE PREVIOUS HEARING, SHOWING FINALLY THAT THAT WAS HANDLED BY THE PERMITTING DEPARTMENT AND, UH, REMINGTON HOUSE REMY'S ANALYSIS, ARCHITECTS, I BELIEVE IN NOVEMBER OF 2021.
AND THEN I HAVE A COUPLE OF QUESTIONS, JUST CLARIFICATION.
I, I SUPPOSE, UM, I DO SEE THE SERVICER'S, UH, LETTER SHOWING THAT THEY W THEY ARE HOLDING FUNDS, UM, AROUND 1.7 MILLION AND THAT THEY HAD ONLY DISBURSED 115,000 TO DATE.
SO THAT SEEMS LIKE A VERY SMALL AMOUNT FOR WHATEVER WORK WOULD HAVE BEEN DONE.
UM, IF THERE WAS ACTUAL PROGRESS WITH THE REPAIRS LAST YEAR.
SO THE, SO THE, THE, THE PERMIT WAS ONLY JUST, UM, APPROVED IN FEBRUARY, FEBRUARY 16.
WORK HAS STARTED ON THE PROPERTY IN MARCH.
THIS, THIS MONTH IS WHEN WORK STARTED.
THE WORK JUST STARTED AND I'M LOOKING AT YOUR EXHIBITS.
I MEAN, I'M TRYING TO MAKE SENSE IT SO THAT THIS WOULD INFORM OUR DECISION TONIGHT.
SO ON THE DRAWS, IT TALKS ABOUT THE PAYMENT TERMS ON THE, I THINK THAT'S THE AGENDUM TO THE GENERAL CONTRACT.
AND IT DID SAY A NUMBER ONE MOBILIZATION.
THERE WERE SUPPOSED TO BE SOME FUNDS, I SUPPOSE, TO COMMENCE THE PROJECT.
SO THAT'S, UM, MAYBE TO ME, IT'S IN CONFLICT WITH THE SERVICES SERVICES LETTER, BECAUSE IT DOESN'T SHOW THAT THE WAY ANY OTHER DISPERSEMENTS YET.
AND YOU WERE SAYING THAT THE WORK ALREADY COMMENCED BELINDA TO ERIN, IF YOU, YEAH, I BELIEVE THE FIRST STRAW WAS SOMEWHERE AROUND 400 MOBILIZATION WAS AROUND 400,000, MAYBE FIVE.
I'M NOT, I CAN'T SEE THE DOCUMENT RIGHT NOW THAT CHECK ACTUALLY HAS BEEN MAILED.
AND IT WAS FUNDED FROM THE RESERVE MONEY THAT THIS PROPERTY HAS
[03:05:01]
THE WAY THIS WORKS WITH OUR LENDER.WE SUBMIT FOR INVOICES PERIODICALLY THROUGH THIS PROCESS AND THEY FUND AS WE GO, BUT WE ONLY ALREADY PAID THE MOBILIZATION FEE TO THE CONTRACTOR AND THEY HAVE ALREADY BEGUN WORK.
THANK YOU, MELINDA, BUT YOU'RE WELCOME.
THAT'S ALL I THAT'S ALL I NEED.
THOSE ARE ALL THE QUESTIONS I HAD.
ARE THERE OTHER QUESTIONS FROM THE COMMISSION? I MEAN, IT SEEMS TO ME THAT WE HAVE A GOOD AMOUNT OF EVIDENCE HERE, WHICH WOULD SUPPORT AN EXTENDED TIMEFRAME FOR REPAIRS.
WE DO BELIEVE IF WE EXTENDED BEYOND 90 DAYS, WE DO NEED TO HAVE PERIODIC UPDATES.
IS THAT CORRECT? MS. COREY, SO WOULD THOSE KICK IN AFTER 90 DAYS, OR IS IT AT OUR DISCRETION WHEN WE WOULD WANT TO SEE THOSE PERIODIC UPDATES? FOR INSTANCE, IF WE WANTED TO EXTEND THE TIMEFRAME FOR REPAIRS, YOU KNOW, UNTIL THE END OF NOVEMBER, I DON'T KNOW IF THAT'S WHAT THE COMMISSION WANTS, BUT IF WE DID MADAM CHAIR, THERE'S NO, UH, THERE'S REALLY NO GUIDELINES ON THE PROGRESS REPORTS.
THEY'RE JUST IN STATE LAW, THEY'RE JUST REGULAR REPORTS, SO THEY CAN BE AS FREQUENT OR INFREQUENT AS THE COMMISSION WOULD LIKE.
AND IS THIS SOMETHING THEY CAN BEGIN AT ANY POINT? AND IS THIS SOMETHING THAT STAFF COULD UPDATE US ON OR DO WE NEED THE PROPERTY REPRESENTATIVES TO COME BACK? IT COULD BE A WRITTEN REPORT, A WRITTEN UPDATE TO STAFF.
UM, BUT IF YOU WANTED THEM TO COME AND GIVE REGULAR UPDATES, UM, AT THE BEGINNING OF COMMISSION MEETINGS, THEY COULD DO THAT AS WELL.
JUST TRYING TO UNDERSTAND WHAT OPTIONS WE HAVE.
SO OF COURSE, AS A COMMISSION, WE DO HAVE THE OPTION OF JUST ADOPTING STAFF'S RECOMMENDED ORDER, WHICH HAS A 45 DAY TIMEFRAME FOR REPAIRS.
WE COULD EXTEND THAT ORDER, UH, TO SOMETHING THAT IS MORE IN ALIGNMENT WITH WHAT THE PROPERTY REPRESENTATIVE HAS STATED WOULD BE REASONABLE.
UM, WE COULD CONTINUE THE CASE, NOT OUR FAVORITE THING TO DO.
UM, AND THEN WITH WHATEVER WE ORDER, WE HAVE THE OPTION OF HOW WE WANT TO RECEIVE UPDATES AND HOW OFTEN COMMISSIONERS, IF I MAY GO AN ANSWER, MAYBE, MAYBE ASSIST YOU IN THAT CAPACITY.
POLICY, UH, WE WERE REQUIRED TO MAKE AN INSPECTION EVERY 30 DAYS.
SO, I MEAN, AT THAT TIME PERIOD, YOU KNOW, WE CAN PROVIDE YOU WITH 30 DAY UPDATE, SO MAYBE THAT CAN ASSIST YOU.
SO IT WOULDN'T BE TOO HONOROUS FOR STAFF TO PROVIDE US WITH THAT.
THAT MIGHT BE MORE THAN WE WANT.
UM, SINCE, ESPECIALLY SINCE THEY JUST GOT GOING ON IT, THAT MADAM CHAIR, AND I WILL ADD THAT IT IS THE RESPONSIBILITY OF THE PROPERTY OWNER TO GIVE THAT REPORT.
SO, UM, YOU COULD ABSOLUTELY HAVE A REPORT SUPPLEMENTED OR INITIATED BY STAFF, BUT IT IS STILL THE PROPERTY OWNER'S RESPONSIBILITY TO GIVE THOSE REPORTS.
SO FOR EXAMPLE, IF ANYTHING WERE TO HAPPEN AND STAFF WERE UNABLE TO, TO GIVE YOU A TIMELY REPORT, IT WOULD STILL BE THE PROPERTY OWNER'S BEST INTEREST TO GIVE THEIR OWN REPORTS.
ANY, SO JUST A QUICK QUESTION, WE COULD THEN CHANGE THIS.
SHOULD WE CHOOSE TO SAY INSTEAD OF ON THE 46 DAY, WE COULD SAY AS OF NOVEMBER 30TH, 20, 22, IF COMPLIANCE HAS NOT BEEN ACHIEVED, SO SOMETHING LIKE THAT COULD BE ABSOLUTELY THAT'S ALSO WOULD BE 240 DAYS, I THINK IS WHAT I CALCULATED IN 40 MINUTES.
I DON'T THINK ANYBODY'S GOING TO GET THE REPAIRS DONE IN 46 DAYS.
NO MATTER HOW MUCH WE WANT THEM TO.
UM, I THINK, YOU KNOW, THEY HAVE BROUGHT US WHAT WE ASKED FOR.
I THINK IT MAKES SENSE TO GIVE THEM THE TIMEFRAME THAT'S IN THE DOCUMENTS, BUT I ALSO WANT TO, UM, YOU KNOW, HAVE SOME LANGUAGE ABOUT THEM MAKING PROGRESS TOWARD THOSE GOALS.
SO WE, WE WANT WHATEVER WE'RE ASKING THEM TO US EVERY 30 DAYS OR, OR HOWEVER OFTEN I THINK WE NEED TO THINK ABOUT WHAT IS THAT, LIKE, WHAT DO WE NEED TO SEE?
[03:10:02]
UM, IS IT THE AMOUNT EXPENDED MAYBE, UM, YOU KNOW, THAT WOULD BE AN INDICATOR OF PROGRESS OR IS IT, I'M NOT SURE.I'M NOT SURE WHAT THE RIGHT METRICS ARE.
I MEAN A PROGRESS REPORT AND WE COULD STATE, YOU KNOW, PERCENTAGE COMPLETE, UM, WHICH, YOU KNOW, THE AMOUNT EXPENDED SHOULD MATCH THAT PERCENT COMPLETE.
I PERSONALLY THINK EVERY 30 DAYS IS WAY TOO OFTEN, ESPECIALLY SINCE WE HAVE BEEN PUSHING EVERY SINGLE AGENDA TO JUST BEFORE 10 OR JUST AFTER 10.
UM, WELL, I DON'T THINK THEY NECESSARILY HAVE TO COME, YOU KNOW, IT, WE COULD SAY THEY HAVE TO SUBMIT WRITTEN DOCUMENTATION SHOWING EXPENDITURE OF FUNDS, UH, YOU KNOW, COMPLETION OF TASKS OR I DON'T, I, DON'T NOT SURE WHAT THE RIGHT THING IS.
UM, MAYBE SOMEBODY WHO HAS MORE FAMILIARITY WITH CONSTRUCTION WOULD GO HONESTLY, A SUMMARIZE A SUMMARY OF THEIR MONTHLY DRAW.
YOU KNOW, I, I DON'T KNOW THAT THEY NEED TO SHARE ALL OF THAT.
SO I THINK MS. TOVAR HAS ALREADY SAID THAT THEY WOULD GO OUT EVERY 30 DAYS.
COULD WE USE SOME WORDING THAT SAID IF CODE IS SATISFIED WITH THE PACE THAT'S BEING MET, WHAT THEY THINK, BECAUSE I DON'T WANT TO GET INTO COUNTING NAILS AND BOARDS.
BUT I ALSO DON'T WANT TO PLAY SOME BORDEN BURDEN ON OUR CODE OFFICE HOURS.
I MEAN, THAT'S, THAT'S I MAKE THAT.
NO, BUT I'M TRYING NOT TO, HONESTLY, AS LIKE, YOU KNOW, WHOEVER IS APPROVING THE, THE, THE CONSTRUCTION DRAW THAT APPLICATION FOR PAYMENT EVERY MONTH, THAT PERSON HAS ALREADY MADE THAT DETERMINATION.
IF THE I'M SORRY, THE PUBLIC HEARING IS CLOSED.
IF WE DO HAVE OTHER QUESTIONS, WE WILL ASK YOU, OKAY.
BUT WHOEVER'S MAKING THAT DETERMINATION.
IT'S UP TO THEM TO COUNT THE NAILS OR WHATEVER, AND DETERMINE IF THE AMOUNT OF MONEY THAT'S BEING EXPENDED IS REASONABLE.
ALL WE REALLY NEED TO KNOW IS ON MONTH, NUMBER FOUR, ARE THEY 40% OF THE WAY COMPLETE? OR ARE THEY, YOU KNOW, WE'VE GOT ABOUT 10 MONTHS HERE.
SO I WOULD, I WOULD KEEP IT AS SIMPLE AS POSSIBLE.
UM, AND TRY NOT TO PLACE MORE OF A BURDEN ON CODE STUFF.
DIDN'T YOU ALSO SAY THAT IT WAS THE OWNER'S RESPONSIBILITY TO SUBMIT 30 DAY PROGRESS REPORTS, NOT 30 DAYS MISSIONER UM, BUT IT IS THEIR RESPONSIBILITY TO PROVIDE THEIR PORT.
SO WE COULD DECIDE ON WHATEVER THOSE INTERVALS ARE.
SO I'D LIKE TO, UM, AMEND THE STAFF'S MOTION TO SAY, HOW MANY DAYS WAS IT MISS ALLIE? YOU HAD CALCULATED THE DAYS.
SO THAT WOULD BE A CA I CALCULATED TO NOVEMBER WOULD BE EIGHT MONTHS.
THAT WOULD BE SO FROM THE DATE, THE ORDER IS MAILED.
THAT WOULD BE 240 DAYS IF YOU STARTED WITH MARCH AND THEN APRIL WOULD BE THE FIRST MONTH.
IF WE CHANGE THAT TO 240 DAYS AND ASK THEM TO SUBMIT A PROGRESS REPORT, SHOWING FUNDS EXPENDED EVERY TWO MONTHS, UM, AND THEN LEAVE THE REST OF IT.
DOES ANYONE WANT TO SECOND? YEAH, I'LL SECOND THAT, BECAUSE THAT TRACKS THE, UM, DRAWER SCHEDULE THAT WAS PROVIDED BY THE OWNERS.
SO I THINK THAT'S PRETTY REASONABLE.
ARE WE THEN STRIKING THE SECOND ITEM REPAIR, ALL CITED VIOLATIONS.
WE'RE SET, WE'RE CHANGING THE NUMBER OF DAYS FROM 45 TO 240, AND THEN I'M GOING TO CHANGE THE NUMBER ON ITEM TWO AND I'M NOT.
AND THEN ON ITEM FIVE WITH 241ST, IF I MAY JUST ADD A POINT OF INFORMATION, A QUICK GOOGLE SEARCH JUST RESULTED THAT THERE ARE 252 DAYS UNTIL THE END OF NOVEMBER.
AND I KNOW THERE'S A GAP BETWEEN WHEN IT'S MAILED AND DAN, BUT IF WE WANT TO BE ON THE GENEROUS SIDE, 252 IS THE NUMBER FROM TODAY UNTIL THE END OF NOVEMBER.
SO COMMISSIONER MAILER, HOW DO YOU FEEL ABOUT THAT? THAT'S FINE.
IS THAT YOU, YOU WANT TO REVISE YOUR MOTION TO 252.
WOULD THAT BE A WRITTEN REPORT OR WOULD THEY COME TO THE BSC AND PRESENT A REPORT? UM, I WOULD THINK THAT THEY WOULD SUBMIT WHATEVER THE KIND OF DOCUMENT WAS THAT THEY SHOWED US HERE
[03:15:01]
AND THEIR EXHIBITS THAT SHOWED THAT WAS EVIDENCE, THAT THERE WAS A DRAW.THEY WOULD JUST SUBMIT THAT I DIDN'T MEAN TO, UM, I DON'T KNOW.
WHAT IS THE USUAL PROCEDURE? WHO DID THEY SAY, SAY SOME MISTER REPORT TO THE COMMISSIONS COORDINATOR, SOMETHING LIKE THAT.
AND THEN I WOULD PUT IT IN THE BACKUP SO THAT YOU COULD READ IT.
OR YOU CAN HAVE THEM COME AND PRESENT A REPORT.
UM, I JUST WANTED TO SAY THAT WE DON'T NECESSARILY WANT THEM TO COME BACK.
I THINK THAT THERE ARE DOCUMENTS THAT CAN BE OBTAINED.
UM, AND SO FAR THE OWNER'S REPRESENTATIVES HAVE BEEN VERY METICULOUS ABOUT PROVIDING, UM, SUPPORTING EVIDENCE.
SO I, THEY WILL BE ABLE TO PROVIDE SOMETHING.
UM, GENERALLY SPEAKING, THE CONTRACTOR WOULD PROVIDE THEM WITH RELEASES AS THE DRAWERS ARE PAID, SO THEY COULD ACTUALLY ALSO BRING THOSE, I MEAN, SUBMIT THOSE.
WE DON'T NECESSARILY WANT THEM COMING BACK THOUGH, JUST FOR EFFICIENCY.
DO YOU WANT ME TO TRY AND RESTATE THAT? MS. MILLIE'S WOULD YOU LIKE TO, UM, GO AHEAD.
SO THE MOTION ON THE TABLE, WHICH WAS SECONDED IS TO ADOPT STEPS, RECOMMENDED ORDER, BUT TO MODIFY, TO REVISE THE TIMEFRAME.
SO ITEM NUMBER TWO WOULD BE TO REPAIR ALL CITED VIOLATIONS WITHIN 252 DAYS FROM THE DATE THAT THE ORDER IS MAILED.
AND THEN ITEM NUMBER FIVE WOULD BE ON THE 253RD DAY.
IF, IF COMPLIANCE HAS NOT BEEN ACHIEVED, THEN THE CIVIL PENALTIES WOULD BEGIN.
AND THEN WE'D LIKE TO ADD THE REQUIREMENT FOR A WRITTEN UPDATE TO BE SUBMITTED.
I'M SORRY, WAS THAT EVERY, EVERY TWO MONTHS, EVERY TWO MONTHS.
AND JUST THE FINAL COMMENT IS THAT THE INSPECTORS ALREADY TOLD US THAT THEY DO GO OUT THERE TYPICALLY.
SO THEY WILL ALSO SEE THE PROGRESS I'M.
I'LL GO AHEAD AND CALL THE QUESTION IS WE'RE GETTING SHORT ON TIME.
UM, IF YOU ARE IN FAVOR, SAY AYE, OR WAVE YOUR HAND, COMMISSIONER WILL GUMBO DAY.
HI COMMISSIONER BENITO, COMMISSIONER.
SO THE MOTION PASSES UNANIMOUSLY.
UM, AND THANK YOU, MS.
AND IF YOU HAVE FURTHER QUESTIONS, PLEASE GET WITH INSPECTOR TOVAR.
AND THANK YOU FOR, THANK YOU FOR YOUR TIME THIS EVENING.
CAN I JUST ASK A QUICK QUESTION OF THE COMMISSION TO, FOR CLARIFICATION PURPOSES? SURE.
WHAT EXACTLY ARE, IS THE ORDER GOING TO SAY EXACTLY WHAT THE WRITTEN REPORT WILL NEED TO INCLUDE? SALLY? I CONFUSED ABOUT THAT.
SO WHAT I HAVE IN MY NOTES, JUST TO GET SOME CLARIFICATION AS WELL FOR YOU, IS THAT IT WOULD BE A WRITTEN REPORT, UM, THAT WOULD INCLUDE FUNDS EXPENDED, AND, UM, I BELIEVE POSSIBLE.
AND I BELIEVE COMMISSIONER OGEN BUDDY SAID SOMETHING ABOUT RELEASES YES.
FROM THE CONTRACTOR, BECAUSE THAT WILL BE AN INDEPENDENTLY VERIFIABLE SOURCE, AS OPPOSED TO JUST A WRITTEN, YOU KNOW, LIKE SPREADSHEET.
SO WHAT BEEN TRYING TO BRING TO THE COMMISSIONERS ATTENTION WITH THE ISSUE WITH THAT IS THAT THEIR DRAWS ARE INVOICE PER THE CONTRACT ON CERTAIN DATES THAT MAY NOT FALL IN LINE WITH THE PROPOSED TWO MONTHS REQUEST THE TWO MONTHS ALREADY TRACK YOUR DRAW SCHEDULE SO FAR.
CAUSE YOU HAVE ONE FOR MAY SEVEN.
IT WAS MAY AND JULY IN OCTOBER, IT APPEARS THAT THOSE ARE THE DRAWS.
AND SO THAT WAS WHEN WE CAN SHOW THAT WE'VE PAID THAT'S THAT'S UNDERSTOOD.
AND I THINK WE'LL TAKE THAT INTO ACCOUNT AS WE READ THROUGH THE DRAWS AS WELL.
AND WHAT WE'RE REALLY LOOKING FOR IS IT'S A BIG VARIATION.
IF YOU'RE, YOU KNOW, 30% COMPLETE BY OCTOBER, THERE'S A PROBLEM.
BUT IF YOU'RE 70% COMPLETE, THEN YOU'RE TRACKING PRETTY WELL.
[03:20:01]
ARE, DO YOU WANT TO EXTEND TIME? WE NEED A MOTION TO EXTEND FOR A COUPLE OF MINUTES OR WE CAN CALL IT A NIGHT.I MEAN, ALL WE REALLY NEED TO TALK ABOUT.
[6. Modification of Building and Standards Commission orders and creation of a working group]
CAN PROBABLY PUSH THE DISCUSSION OF THE MODIFICATION OF THE BUILDING AND STANDARDS, COMMISSION ORDERS AND CREATION OF A WORKING GROUP TILL NEXT MONTH[FUTURE AGENDA ITEMS]
AND FUTURE AGENDA ITEMS. WE JUST HAVE THE ELECTIONS NEXT MONTH.UM, AND I BELIEVE THAT'S ALL THAT'S ON THERE.
SO EVERYONE THAT COULD BE IN ATTENDANCE FOR NEXT MONTH.
UM, WE MADE IT, UH, LET THE RECORD REFLECT THE TIME IS 10:00 PM.
MADAM CHAIR FOR A GREAT READING.
Y'ALL Y'ALL COME ON DOWN AND MEET WITH US SOMETIME.
WE'VE GOT PLENTY OF ROOM THERE.
WE HAVE PLENTY OF ROOM Y'ALL COME ON NOW.
GOOD TO SEE YOU EVEN VIRTUALLY.