Link

Social

Embed

Download

Download
Download Transcript

[CALL TO ORDER]

[00:00:03]

FOR ANYONE REQUIRING INTERPRETATION SERVICES TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR ONE CASE ON THE POSTED AGENDA.

THE COMMISSION WILL CONSIDER ONE CASE FROM ONE PROPERTY.

ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.

SO AS NOT TO IMPAIR THE COMMISSIONER'S ABILITY TO CONDUCT BUSINESS, THE COMMISSION'S COORDINATOR, MELANIE, ALLIE, AND WE'LL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.

AUSTIN CODE STAFF WILL ALSO BE AVAILABLE TO ANSWER ANY QUESTIONS WHEN OH, ROLL CALL RIGHT NOW.

OH, SURE.

ME SHUTTERS.

I THINK, YOU KNOW, THEY DO IT.

UH, I'M GOING TO GO DOWN THE LIST JUST TO MAKE IT EASIER.

SO COMMISSIONER ED GOV FERRARA.

OH, UM, I THINK IS JOINING US LATER.

COMMISSIONER AVILA.

THANK YOU.

COMMISSIONER THOMPSON HERE.

AND COMMISSIONER JOHN GREEN.

WELL COMMISSIONER MILLER AND SLOW HER COMMISSIONER MUELLER.

NO, UH, COMMISSIONER BENIGNO HERE.

AND COMMISSIONER STILLED SAID THANK YOU.

COMMISSIONER FREIBERGER PRESENT.

YES.

AND COMMISSIONER SELIG AND MICHAEL FRANCIS COMMISSIONER.

MICHAEL FRANCIS.

ALL RIGHT.

AND I THINK, UH, WE MIGHT HAVE THE BIO MARSHALL ALSO HERE.

NO, YEAH, YEAH.

OH, I SEE HIS NAME.

OKAY.

THANK YOU.

ALL RIGHT.

YES, I'M HERE.

SORRY.

I SEE YOUR NAME ONLINE.

SO WE DO HAVE A QUORUM AND COMMISSIONER GREEN.

THANK YOU.

NO WORRIES.

OKAY, SO I DO THE ROLE.

OKAY.

SO WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM.

THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST, AND YOU, OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES.

ANY QUESTIONS ABOUT THEIR TESTIMONY AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU WILL HAVE AN OPPORTUNITY, UM, WOW.

TO PRESENT YOUR OWN WITNESSES AND EVIDENCE, AND YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.

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

UH WE'LL I DESIGNATED TIMEKEEPER THIS EVENING.

PLEASE INTRODUCE YOURSELF.

WHAT IS THE TIME? YOU'RE THE TIME HE DIDN'T GET THE MEMO.

I'M SORRY.

OKAY.

THANK YOU.

UM, AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF, OH, WHAT'S THAT? OH, WOW.

JAMES, DO YOU WANT TO KEEP CALM THEMES? WE'LL KEEP JOHN.

OKAY.

SO THE TIMEKEEPER WILL BE MR. JAMES KENDALL, UM, AFTER ALL THE EVIDENCE, WELL ACTUALLY AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE AND 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.

THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.

THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE

[00:05:01]

DECISION WILL BE MAILED TO YOU.

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

IF YOU HAVE QUESTIONS ABOUT THE PROCEDURE, PLEASE ASK YOU A QUESTIONS WHEN YOUR CASE IS CALLED WITNESSES.

UM, WELL NOW TESTIFY UNDER OATH, ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION ON ANY CASE, INCLUDING THOSE REMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.

THANK YOU.

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

ALRIGHT, THANK YOU.

IF THERE'S NOTHING FURTHER, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING, GENDER

[PUBLIC COMMUNICATION: GENERAL]

SPEAK FOR CITIZENS COMMUNICATION, PUBLIC COMMUNICATION.

OKAY.

WE HAVE SOME PEOPLE SIGNED UP FOR PUBLIC COMMUNICATION.

ALL RIGHT.

THANK YOU.

SO YES, WE DO HAVE, UM, SOME SPEAKERS SIGNED UP TONIGHT.

UM, THE FIRST, OH, INTERESTING.

I THINK IT'S MAYBERRY THE FIRST SPEAKER THAT SIGNED UP TONIGHT, UM, WITH BASTA.

DOES ANYBODY HERE BY THAT? UH, OH, IT'S GABBY.

OKAY.

YES.

GABBY WITH VESTA.

SO YOU COULD COME FORWARD AND PRESENT YOUR OH, THAT'S ALL RIGHT.

I THINK.

YEAH, NO, IT MAKES SENSE.

GABBY.

CAN I START? SURE.

GOOD EVENING.

MY NAME IS GABBY GARCIA.

I'M A TENANT ORGANIZER WITH LASA AND I'VE BEEN WORKING WITH THE NEIGHBORS AT ROSEMONT TENANTS' ASSOCIATION FOR WHAT WILL BE A YEAR IN JULY, THE TENANTS.

AND I HAD PLANNED TO ATTEND THIS HEARING TODAY IN SUPPORT OF ONE OF THEIR NEIGHBORS TO NISHA WHO IS AT 29 0 1 COLLINS CREEK AT ROSEMONT AT OAK VALLEY.

TENICIA CALLED THE CODE BACK IN APRIL TO REPORT THAT SHE HAD BEEN LIVING WITHOUT WALLS WITHOUT A FLOOR.

AND THAT HER CEILING AND MOST OF HER WALLS WERE ONLY COVERED IN PLASTIC.

AFTER THE INSPECTION CODE GAVE ROSEMONT 30 DAYS TO FIX THE ISSUE AND WHEN THEY FAILED TO DO SO, THE CASE WAS ESCALATED TO BSC.

WE FOUND OUT TODAY THAT IT WAS REMOVED FROM THE AGENDA BECAUSE THE VIOLATIONS HAD SUPPOSEDLY BEEN FIXED.

I SPOKE WITH TANESHA LATE LAST NIGHT.

SHE WANTED TO BE HERE, BUT COULDN'T BE HERE BECAUSE OF WORK.

SHE INFORMED ME THAT ROSEMONT HAD BARELY STARTED TO PUT UP THE WALLS LATE LAST WEEK.

AND AS OF YESTERDAY NIGHT AT EIGHT 30, ALL THEY HAD DONE WAS PUT UP THE DRYWALL LIKE THIS.

UM, AND THEY HADN'T PAINTED.

THEY HADN'T FULLY COMPLETED THE WORK AND NOTHING ELSE HAD BEEN DONE.

HER FLOOR IS STILL MISSING.

HER STOVE DOESN'T WORK PROPERLY AND HER HOT WATER HEATER WORKS ONCE IN A WHILE.

SO AFTER SPEAKING TO HER LAST NIGHT, I WAS PRETTY SURE THAT THE CASE WAS GOING TO COME BEFORE YOU ALL.

AND I WAS REALLY HOPEFUL THAT TENANTS OR THAT THIS TENANT AT LEAST WOULD GET A TINY BIT OF JUSTICE.

AND I CANNOT CONVEY HOW DISAPPOINTED I AM THAT THE CODE DEPARTMENT CLOSED THE CASE.

AND JUST TO PUT THINGS INTO PERSPECTIVE, THIS TENANT, ALONG WITH 30 OR 40 OF HER NEIGHBORS HAVE BEEN LIVING WITHOUT WALLS FOR ABOUT A YEAR.

AND IF YOU'RE CURIOUS AND YOU WANT TO GET A GLIMPSE OF WHAT THEY'VE BEEN GOING THROUGH, JUST GOOGLE ROSEMONT, AND YOU'LL GET SO MANY HORROR, YOU'LL BEGIN TO UNDERSTAND THEIR NIGHTMARE AND THE ISSUES AT ROSEMONT RANGE, FROM WHAT YOU COULD SEE IN THE PICTURES THAT PEOPLE ARE HOLDING UP TO MORE INSIDIOUS PROBLEMS LIKE FAULTY ELECTRICAL WIRING APPLIANCES THAT DON'T WORK MOLD.

THAT'S MAKING TENANTS AND THEIR FAMILIES SICK.

THEY'RE DEALING WITH RATS, POSSUMS, ROACHES, AND OTHER BUGS DUE TO THE LACK OF WALLS AND THE CRACKS IN THE FOUNDATION, THEIR APARTMENTS CONSTANTLY LEAK AND FLOOD.

AND EVERY DAY THERE ARE NEW ISSUES DUE TO THE PROLONGED FAILURE TO MAINTAIN THAT COMPLEX.

THE TENANTS OF ROSEMONT HAVE BEEN FAILED OVER AND OVER AGAIN BY THE COUNTY, WHICH OWNS THE PROPERTY BY THEIR MANAGEMENT COMPANY.

AND TODAY BY THE CODE INSPECTOR WHO CLOSED THAT CASE, ROSEMONT WAS RECENTLY ADDED TO THE ROP LIST.

AND TENANTS FINALLY STARTED TO FEEL THAT SOMEONE WAS LOOKING OUT FOR THEM, BUT THAT TRUST IS GOING TO START TO ERODE.

WHEN THEY SEE THAT ROSEMONT GOT AN ADDITIONAL 60 DAYS, YOU KNOW, CAUSE SHE FIRST REPORTED IT IN APRIL TO REPAIR ISSUES THAT HAVE BEEN LIKE THIS FOR A YEAR.

AND THERE WAS A SINGLE CONSEQUENCE.

THEY DIDN'T HAVE TO PAY A PENNY AND IT TEACHES BAD ACTORS

[00:10:01]

LIKE THE OWNERS AND THE MANAGERS AT ROSEMONT THAT IF THEY DO THE BARE MINIMUM OF WORK AT THE VERY LAST MINUTE, THERE'LL BE OFF THE HOOK.

AND I REALIZED THIS CASE IS NOT ON YOUR AGENDA TODAY.

AND THERE'S NOT VERY MUCH THAT YOU COULD DO, BUT I THOUGHT IT WAS IMPORTANT FOR YOU TO KNOW WHAT THE TENANTS ARE GOING THROUGH SO THAT YOU CAN FACTOR THIS IN THE NEXT TIME THAT ROSEMONT COMES BEFORE YOU.

AND THEY WILL BE BEFORE YOU, BECAUSE LIKE I SAID, THERE'S 30 TO 40 TENANTS LIVING LIKE THIS.

AND WHEN THEY'RE ASKING YOU FOR LENIENCY AND MORE TIME, REMEMBER THESE TENANTS, REMEMBER THESE PICTURES.

UM, THESE TENANTS HAVE WAITED LONG ENOUGH AND THEY'RE TIRED OF BEING FAILED BY THE INSTITUTIONS THAT WERE CREATED TO PROTECT THEM.

THANK YOU.

THANK YOU VERY MUCH.

OH, WELL, UM, IT LOOKS LIKE ALL THE SPEAKERS ARE FOR ROSEMONT.

SO I HAVE UM, MS. OH YEAH, THE BALL.

OKAY.

MS. SCOTT.

HI, Y'ALL DOIN.

HELLO.

UM, HAVE THREE MINUTES.

THANK YOU.

I CAME TO AUSTIN, TEXAS FROM HURRICANE KATRINA IN NEW ORLEANS.

IN 2005, WE MOVED INTO ROSEMONT.

ROSEMONT WAS A BEAUTIFUL PROPERTY IN 2005 AND IT WAS, IT BECAME HOME UP UNTIL 2009.

WHEN ROSEMONT STARTED GOING DOWN, WE, OUR FIRST HOME AT ROSEMONT ENDED UP HAVING IT WAS SINKING AND WE HAD TO BE MOVED TO ANOTHER PROPERTY AT ROSEMONT.

THAT HOME LITERALLY WAS CAVING IN AND WENT IN IN JULY OF LAST YEAR WHEN THEY ISSUE THESE EVICTION NOTICES, WE WEREN'T EVEN ON THE LIST.

EVEN THOUGH WE WERE FALLING DOWN INTO OUR NEIGHBOR'S UNIT, WE ARE THE ONE FAMILY THAT IS STILL DISPLACED FROM ROSEMONT, THE GOLF FAMILY.

THEY HAVE GUTTED OUT HOMES AND TRIED TO PLACE US IN SEVERAL OF THEIR UNITS.

THAT'S CONTAMINATED WITH MOLD.

WE REFUSE TO GO IN TO ANY ONE OF THESE UNITS, WITHOUT IT BEING TESTED FOR MOLD, BECAUSE GUESS WHAT? THAT WAS THE SILENT KILLER.

WHEN THEY OPENED THE DOORS FOR US TO COME BACK HOME IN WALGREENS AND WE DECIDED TO STAY AND MAKE AUSTIN OUR HOME.

AND NOW WE'RE FACING THE SAME SILENT KILLER AND NOT JUST MY FAMILY, EVERY SINGLE FAMILY THAT'S BACK THERE.

WE NEED PEOPLE TO STOP CLOSING THE BOOK ON ROSEMONT.

THERE ARE PEOPLE LIVING AT ROSEMONT LIKE THEY'RE LIVING IN A THIRD OR FOURTH WORLD COUNTRY.

AUSTIN IS A BEAUTIFUL PROGRESSIVE CITY.

AND ROSEMONT IS BECOMING A STAIN.

WE ARE HUMAN BEINGS AND NOBODY IS LOOKING AT THAT ISSUE.

NOBODY.

AND WE WANT Y'ALL TO PAY ATTENTION BECAUSE THEY'RE CHILDREN LOOK AT THESE BABIES.

LOOK AT THESE BABIES HERE, LIVING IN THOSE TYPE OF CONDITIONS.

SOME OF THEM DON'T EVEN HAVE TUBS TO, TO TAKE A BATH IN BOATS.

THEY'RE LIVING WITH RODENTS, THAT'S COMING IN BECAUSE THEY DON'T HAVE WAFS AND IT'S UP TO COLD TO KIND OF DO THEIR JOB.

YOU HAVE CHILDREN WITH THEIR HAIR FALLING OUT BECAUSE THEY'RE LIVING WITH MOLD.

NOBODY WANTS TO DO THE TEST.

NOBODY WANTS TO DO THE WORK.

SO WHAT ARE WE SUPPOSED TO DO? CAUSE THIS IS LOW INCOME HOUSING.

WE CAN'T JUST PACK UP A LEAD.

AND WE KEPT OUR IN THE BAR BARGAIN.

WHEN WE SIGNED OUR CONTRACTS, WE PAID OUR RENT ON TIME.

WE DON'T DESERVE.

AND WE, WE SEALED THE DEAL AND WE DESERVE WHAT WE, WHAT THE CONTRACT SAYS.

EVERYONE DOES.

AND NO ONE DESERVES TO EVEN BE PAYING THE RENT THAT THEY'RE PAYING TO LIVE LIKE THIS IN AMERICA.

OKAY.

SO THAT'S ALL I'M ASKING IS THAT Y'ALL OPENNESS AND SEE WHAT IT IS THAT YOU ALL CAN DO TO HELP THESE PEOPLE, THESE TENANTS AT ROSEMONT.

ALRIGHT, THANK YOU.

THANK YOU FOR COMING AND LETTING US KNOW.

UM, WE HAVE SHEDDY FORGE.

IS THAT RIGHT NOW? OKAY.

UH, WHAT ABOUT DIANA WITH NOVA? YOU'RE NOT SPEAKING.

OKAY.

WELL WE APPRECIATE EVERYBODY COMING OUT TONIGHT TO INFORM US OF WHAT'S REALLY HAPPENING OUT

[00:15:01]

THERE AND WE'LL TAKE EVERYTHING INTO CONSIDERATION.

ALL RIGHT.

THANK YOU.

HEY, SO CHAIR,

[APPROVAL OF MINUTES]

BEFORE WE MOVE ON TO THE CASES, UM, CAN WE GO AHEAD AND APPROVE THE MINUTES FROM THE APRIL 27TH, 22 REGULAR READING? YES.

COPIES OF THE DRAFT MINUTES ARE IN THE GOOGLE DRIVE FOLDER AND READERS.

SHOULD YOU NEED TO REVIEW THEM? MS. SALLY, I'M NOT ABLE TO FIND A COPY OF THAT.

MAYBE IT'S JUST, MY READER IS BREATHING UP ITCH.

IS YOUR READER FREEZING UP? WE HAVE MIGHT BE THE PROBLEM WITH EVERYONE.

LET ME GET YOU ANOTHER ONE THERE.

WE'VE GOT MORE.

DOES EVERYBODY ELSE HAVE A COPY OF THE MINUTES? NO, I'M TRYING TO FIND IT TOO.

WHERE WERE THE MINUTES? THERE ARE ONE OF THE TWO, THERE ARE TWO DOCUMENTS THAT HAVE THE SAME, UH, CITY OF AUSTIN LOGO ON IT.

ONE IS AN ADMIN HEARING REPORT AND ONE IS MINUTES.

OKAY.

THANK YOU.

CHANGED THE COVER A LITTLE BIT.

SO IT DOESN'T LOOK LIKE IT USED TO IT'S OKAY.

I'LL THAT'S NOT THE ISSUE.

OH, I'LL GIVE A COUPLE OF MINUTES FOR EVERYBODY TO KIND OF LOOK IT OVER.

AND IF ANYBODY HAS A MOTION TO ADMIT THOSE MINUTES, FEEL FREE TO MAKE ONE MOTION TO APPROVE THE MINUTES I WAS COMMISSIONED AT GREEN AND L SECOND.

THANK YOU.

UM, DOES ANYBODY OBJECT TO ADMITTING THE MINUTES FROM THE APRIL 27 MEETING? ALL RIGHT.

NO OBJECTIONS.

I MEAN, IT'S ADMITTED EIGHT OVERLOAD.

OKAY.

APPROVED, UM, CHAIR WITH YOUR PERMISSION, I'D LIKE TO BEGIN CALLING THE CASES ON THE AGENDA.

ALSO WANT TO LET HER, LET EVERYONE KNOW THAT

[Items 1 & 3]

[1. Case Number: CL 2022-066942]

[3. Case Numbers: CL 2022-066958 and CL 2022-066976]

ITEMS ONE AND THREE HAVE BEEN PULLED FROM THE AGENDA DUE TO COMPLIANCE AND WILL NOT BE HEARD.

THANK YOU.

SO WHAT, ALL RIGHT, YOU MAY GO AHEAD AND, UM, INTRODUCE THE, OKAY.

[2. Case Number: CL 2022-066092 ]

FOR THE ONLY CASE ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS CASE NUMBER 20 22 0 6 6 0 9 2.

THE ADDRESS FOR THIS CASE IS 1 3 0 3 8 NORTH US HIGHWAY 180 3 AND IS ALSO KNOWN AS 1 3 0 3 8 RESEARCH BOULEVARD.

THE EXHIBITS FOR THIS CASE CAN BE FOUND IN THE TEAL COLORED BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.

HERE'S SOME FACTS ABOUT THIS CASE.

THIS CASE WAS OPENED SEPTEMBER 22ND, 2020 AS THE RESULT OF A FIRE, WHICH OCCURRED IN JULY, 2020.

THE COMMERCIAL STRUCTURE HAS SUFFERED FROM FIRE DAMAGE AND, AND IS CURRENTLY UNOCCUPIED STRUCTURE IS CONSIDERED UNSAFE, IS UNFIT FOR HUMAN OCCUPANCY AND HAS, HAS SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR AND YOUR READERS OR GOOGLE DRIVE FOLDER.

YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE WILLIAMSON CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AS WELL AS A FIRE INCIDENT REPORT.

EXHIBIT TWO CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO I AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INVESTIGATOR.

JOHN HALE IS ASSIGNED TO THIS CASE AND IS HERE TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED INVESTIGATOR HAIL.

AND HERE YOU CAN, YOU KNOW, THAT MIGHT, THERE MIGHT BE EASIER FOR MY PICTURES.

JUST ONE SECOND.

I'LL JUST GRAB IT WHEN I GET TO THE PICTURES.

UH, GOOD EVENING COMMISSIONERS.

MY NAME IS JOHN HALE.

I'M AN INVESTIGATOR WITH THE AUSTIN CODE DEPARTMENT, UH, CURRENTLY ASSIGNED TO THE LICENSING AND REGISTRATION TEAM, UH, AS MELIS MELANIE STATED, UH, WE RECEIVED THE COMPLAINT ON SEPTEMBER 22ND, 2020, UH, REGARDING A FIRE THAT OCCURRED AT THE STRUCTURE IN JULY OF 2020 AND IT NOT BEING PROPERLY FENCED.

UH, AUSTIN CODE, UH, DID CONDUCT AN INSPECTION ON THE SAME DAY, UH, SEPTEMBER 22ND, 2020,

[00:20:01]

UH, WHICH WE OBSERVED SEVERAL STRUCTURAL VIOLATIONS RELATING TO A FIRE THAT OCCURRED ON THE PROPERTY.

UH, THE SAME DAY, WE ALSO SECURED, UH, THE BUILDING BY FENCING IT AND PLACARDED FOR DANGEROUS CONDITIONS.

UH, NOTICE OF VIOLATION WAS MAILED TO THE PROPERTY OWNER ON SEPTEMBER 28TH, 2020 REQUIRING 30 DAYS TO COMPLY WITH THE VIOLATIONS.

UH, AN ADDITIONAL COPY OF THE SAME NOTICE WAS ALSO SENT ON DECEMBER 17TH, 2021, WHICH WAS POSTED ON THE PROPERTY THAT SAME DAY.

UH, IN SPEAKING WITH THE OWNER AND HIS REPRESENTATIVE ON SEVERAL OCCASIONS, THEY SAID THEIR PLAN WAS TO REPAIR THE FIRE DAMAGE.

AND REOCCUPIED THE STRUCTURE WHEN THE REPAIRS WERE COMPLETED.

ADDITIONALLY, THEY SAID THERE WERE DELAYS RELATING TO THE PANDEMIC, UH, REGARDING THE INSURANCE CLAIM BEING PROCESSED AND THEM LOCATING PROFESSIONALS, CONTRACTORS TO COMPLETE THE WORK, UH, ON MARCH 3RD, 2022, THE OWNER'S REPRESENTATIVE MET WITH DEVELOPMENT SERVICES STAFF TO DISCUSS THE REMODEL OF THE STRUCTURE.

UH, THEN ON MAY 5TH, 2022, UH, THEY DID SUBMIT FOR A SITE PLAN, UH, EXEMPTION, UH, FOR THE REMODEL AND IT STILL SHOWS TO BE PENDING, UH, TODAY, UH, AS OF MAY 17TH, 2022, UH, I SPOKE WITH THE PROPERTY OWNER WHO SAID HE EXPECTED TO HAVE THE PERMITS IN THE NEXT 60 DAYS.

IT WAS A TIMELINE THAT THEY PROVIDED VIA EMAIL, UH, AS OF TODAY AS WELL.

UH, NONE OF THE REPAIRS HAVE STARTED, UH, UH, TO REPAIR THE VIOLATIONS NOTED IN THE NOTICE VIOLATION.

AND NOW WE COULD GO THROUGH THE PHOTOS.

SO WHERE DO I SEE HIM? OKAY.

GARY, CAN YOU PULL UP THE PHOTOS? SORRY.

I DIDN'T WANT TO GET OUT OF SYNC.

YES.

IT'S GOING TO BE EXHIBIT THING.

OKAY.

LET'S START ON THE FIRST SLIDE.

UH, TWO-WAY OUR NEXT SLIDE? UH, YES.

UH, THIS IS, UH, A PHOTO, A CONTEXTUAL PHOTO OF THE BUILDING IN QUESTION, UH, 180 3 IS LIKE ACTUALLY AT MY BACK.

SO, UH, HAD TO ACTUALLY TAKE QUITE A FEW PHOTOS TO GET THE WHOLE, WHOLE, UH, UH, AREA AROUND THE BUILDING.

UH, NEXT SLIDE.

OH, SORRY.

AND THIS IS, UH, AN IMAGE THAT'S A LITTLE BIT CLOSER UP AT THE FRONT, AS YOU CAN SEE, UH, DUE TO THE FIRE, UH, THE WINDOWS WERE BUSTED OUT AND CONTINUED TO BE MISSING.

UH, AND AS YOU CAN ALSO SEE, THE PROPERTY WAS A FENCE WITH CHAIN LINK AND, UH, THE PLACARD MARKING THE DANGEROUS CONDITIONS.

NEXT SLIDE.

AND THIS IS ALSO FROM THE FRONT, UH, THE, JUST GIVE SOME DETAIL AT THE FIRE DAMAGE.

UH, UH, IT OCCURRED ON THE ENDS OR THE INSIDE.

UH, THE STRUCTURE ITSELF IS, UH, CMU, UH, FOR THE MOST PART WITH, UH, THE OFFICES AND STUFF LIKE THAT BEING KIND OF FRAMED OUT SEPARATELY.

UH, NEXT SLIDE, UH, DURING THE FIRE, UH, THIS IS A PHOTO THAT SHOWS, UH, THE HOLE ON THE ROOF, UH, TO WHERE THE FIRE DEPARTMENT HAD TO BREAK THROUGH TO, UH, UH, I GUESS LET THE FIRE BREATHE.

UH, I DON'T KNOW THE EXACT TERM, UH, NEXT PHOTO.

UH, THIS IS ON THE, UH, THE NORTH SIDE OF THE BUILDING.

UH, LIKE I SAID, THERE'S KIND OF LARGE PICTURE WINDOWS.

SO ONCE YOU JUST KINDA PUT YOUR CAMERA UP PAST THE CHAIN LINK, YOU CAN SEE INSIDE PRETTY EASILY.

UH, SO IT IS SECURED AROUND AROUND THE BUILDING.

UH, BUT THIS IS JUST SOME MORE DETAIL, THE FIRE DAMAGE, AS YOU CAN SEE, IT'S, IT'S MOSTLY, UH, UH, CEILING TILE, UH, SOME WALLS, UH, HPAC.

SO, UH, THE REMODELS GOING TO HAVE TO PRETTY MUCH BE, UH, NOT ONLY STRUCTURAL, BUT ALL THE TRADES AS WELL.

NEXT SLIDE.

AND THIS IS A PHOTO THAT'S, UH, SHOWS THE, THE NORTH SIDE TO THE REAR WHERE THE ACTUAL FIRE STARTED.

IT WAS A CAR THAT ACTUALLY CAUGHT FIRE, NOT THE, NOT THE STRUCTURE.

UH, NEXT SLIDE.

OOP, ARE THEY OUT OF ORDER? I SHOULDN'T BE JAMES.

CAN YOU BACK UP THE G OKAY.

WE'RE SAYING THE NEXT SLIDE TOO MUCH.

GEE, THAT WAS BETTER THOUGH.

OKAY.

OKAY.

UH, YEAH.

SO THIS IS THE REAR OF THE STRUCTURE, UH, ESSENTIALLY WHERE THAT, UH, BLACK CAR IS PARKED RIGHT THERE.

UH, THAT'S ACTUALLY WHERE THE FIRE STARTED.

IT WAS, UH, PARKED, UH, PARTIALLY IN, IN THE BUILDING.

UH, NEXT SLIDE, TWO H

[00:25:01]

UH, AND AS YOU CAN SEE, UH, COMPARED TO THE OTHER PHOTOS, THIS IS WHERE THE MAJORITY OF THE FIRE DAMAGE OCCURRED, UH, UH, AND ACTUALLY EXPOSED THE CMU WALLS.

I MENTIONED EARLIER.

UH, NEXT SLIDE.

UH, THIS IS THE, UH, SOUTH SIDE OF THE STRUCTURE.

UH, THE CARS ARE KIND OF PARKED PRETTY TIED UP TO THE BUILDING.

UH, THEIR WINDOWS STAYED INTACT.

UH, YOU SEE A LITTLE BIT OF ROOF DAMAGE, BUT THIS IS PROBABLY THE LEAST EFFECTED AREA.

UH, BUT, UH, THAT WOULD ACTUALLY CONCLUDE MY PHOTOS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.

AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OF FACIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE IN IS CONSIDERED UNSAFE AND UNFIT FOR HUMAN HUMAN OCCUPANCY.

WITH SUBSTANDARD CONDITIONS, STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFFED, PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO, 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 STRUCTURE.

WITHIN 90 DAYS FROM THE DATE, THE ORDER IS MAILED THREE MAINTAINED THE PERIMETER FENCING TO KEEP THE STRUCTURE SECURE UNTIL ALL REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE FOR REQUEST INSPECTIONS FROM AUSTIN CODE, VERIFY COMPLIANCE AND FIVE ON THE 91ST DAY.

IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTER SHELL CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

I THANK YOU.

UM, WE WILL ADMIT EXHIBIT I AS WELL AS EXHIBITS TWO WAY THROUGH TO I, AND I BELIEVE WE HAVE THE REPRESENTATIVE FOR THE OWNERS, MR. MATTHIAS MATTHIAS.

THANK YOU.

AND I BELIEVE THEY HAVE EXHIBITS ALSO.

YES.

UM, WE HAVE THE OWNER'S EXHIBITS IN YOUR GREEN, THE OTHER GREEN FOLDER.

AND WE'LL GO AHEAD AND ADMIT THOSE AS WELL.

YOU MAY PROCEED WHENEVER YOU'RE READY.

SORRY.

I DON'T THINK ALL OF US HAVE THE OTHER, THERE'S GOING TO BE SHOWN ON THE SCREEN.

THEY, WE, WE DIDN'T HAVE TO REDACT.

WE COULDN'T WHEN WE TRIED TO LOAD THEM ON THE READERS, UH, IT ERASED THE REDACTION THAT WE, WE REDACTED THE EXHIBITS AND ERASED THE REDACTION.

SO I WENT AHEAD AND JUST MADE SOME HARD COPIES IF YOU'D LIKE TO PASS THOSE AROUND AND THEY'RE GOING TO BE SHOWN, IT'S GOING TO BE SHOWN ON THE SCREEN.

AND THEN THEY ARE IN THE GOOGLE DRIVE FOLDER.

SO THOSE PEOPLE THAT ARE ONLINE WILL BE ABLE TO SEE THE REDACTED VERSION ON THEIR FOLDER.

IT'S A HARD COPY OF WHAT WE COULDN'T PUT IT IN.

THAT'S WITH THE REDACTIONS SINCE OH ONE, ONE OF THEM DID THE FIRST ONE WE LOADED HAD THE REDACTIONS.

THE OTHERS DID NOT.

SO I LEFT THAT ONE IN THERE.

THERE.

I DON'T KNOW WHY I'LL TAKE IT.

JUST FOLLOW.

THANK YOU.

ALL RIGHT, MR. MARTINEZ, YOU READY? YES, SIR.

YES.

MA'AM.

UM, YOU MAY PROCEED WHENEVER YOU'RE OKAY.

GOOD EVENING.

COMMISSIONERS.

MY NAME IS RICHARD MATTHIAS AND I REPRESENT THE OWNER OF THE PROPERTY IN QUESTION AS A PERMITTING SPECIALIST WITH 43 YEARS OF EXPERIENCE, I'VE BEEN ASKED TO SPEAK TO SAVE EVENING AND PROVIDE YOU WITH SOME HISTORICAL FACTS SURROUNDING THIS PROPERTY.

IN MY OPINION OF THE TIME, IT WILL TAKE TO SECURE THE NECESSARY PERMITS TO REBUILD THE STRUCTURE THAT WAS DAMAGED BY THE FIRE.

THE BUILDING WAS DAMAGED ON, UH, JULY 18TH, 2020 DURING THE PEAK OF COVID.

THE OWNER OF THE PROPERTY IS NOT A DEVELOPER AND HAS LITTLE EXPERIENCE DEALING WITH THE CONSTRUCTION AND PERMITTING PROCESS.

THE PROPERTY WAS NOT INSURED, OR THERE WAS A QUESTION ABOUT THE INSURANCE, WHICH TOOK SOME HAGGLING AND ULTIMATELY DECIDED IT WAS NOT COVERED FOR INSURANCE.

SO ALL THE WORK AND COST TO REPAIR THE STRUCTURE, GOING TO BE SELF-FUNDED, UH, BY THE OWNER, GIVEN THE REALITIES AND IMPACTS OF COVID.

THERE WAS LITTLE THAT COULD BE DONE DURING 2020, IT TOOK THE REMAINDER OF 2021 TO INTERVIEW DESIGN PROFESSIONALS

[00:30:01]

TO COMPLETE THE AS-BUILT PLANS OF THE BUILDING BEFORE THEY COULD PROCEED WITH PLANS TO REBUILD THE STRUCTURE.

MOST OF THE FIRMS INTERVIEWED COULD NOT GET TO THE PROJECT FOR SEVERAL MONTHS AND THEY WERE, AND THEY WERE FINALLY ABLE TO GET A FIRM TO INSPECT THE BUILDING AND ASSESS THE DAMAGE ON SEPTEMBER 16TH, 2021.

THE OWNER RECEIVED THE NOTICE FROM THE CITY OF AUSTIN ON DECEMBER 17TH, 2021 TO REPAIR THE BUILDING.

THE OWNER CONTACTED THE CITY ON DECEMBER 28TH AND HAD A CONVERSATION WITH THEM AND ADVISED THEM THAT THEY WERE PREPARING BUILDING PLANS AND THEY EXPECTED TO BE, HAVE THE PLANS COMPLETED.

THE DESIGN PLANS COMPLETED BY THE END OF THE YEAR.

THIS SHOULD BE 12 30, 20 21 IN FEBRUARY OF 2022, THE OWNER ENGAGED OCHEM DESIGN FIRM TO PREPARE THE PLANS FOR PERMITTING.

AT THAT POINT, THEY HAD CREATED THE AS-BUILT PLAN, SO THEY KNEW WHAT THEY WERE DEALING WITH.

AND NOW THEY WERE GOING TO TAKE THE PLANS AND DO THE REBUILD DESIGN ON MARCH 3RD, 2022, THE AND THE OWNER HAD A PRE-DEVELOPMENT MEETING WITH THE CITY PERMITTING DEPARTMENT TO DISCUSS THE PROCESS, THE REQUIREMENTS, ET CETERA, ON OR AROUND, UH, THE MIDDLE OF APRIL.

THEY ENGAGED MY FIRM TO ASSIST THEM IN PROCESSING THESE PERMITS.

SO UNFORTUNATELY DON'T HAVE ANY OTHER HISTORY WITH THE PROJECT PRIOR TO THAT TIME.

BUT MY JOB WAS TO TAKE IT FROM THIS DAY FORWARD AND GET THESE PERMITS ISSUES SO THEY COULD BEGIN THE CONSTRUCTION AS AN EXPERIENCED PERMIT.

EXPEDITER.

I ADVISED THE CLIENT THAT A SITE PLAN EXEMPTION WOULD HAVE TO BE PREPARED AND APPROVED BY THE CITY BEFORE THEY WOULD EVEN ACCEPT A BUILDING PERMIT APPLICATION.

SO I IMMEDIATELY PREPARED THAT APPLICATION AND FILED IT.

UH, THE FIRST PART OF MAY, UM, AND AS OF THIS DATE ARE STILL AWAITING REVIEW COMMENTS.

WE DON'T EXPECT ANY PROBLEMS WITH IT, BUT WE DON'T HAVE THE OFFICIAL APPROVED EXEMPTION.

THEREFORE CANNOT SUBMIT THE BUILDING PERMIT PLANS.

ONCE THE SITE PLAN EXEMPTION IS APPROVED, WE ARE PREPARED TO FILE THOSE PLANS AND THAT PERMIT APPLICATION IMMEDIATELY, UM, IN MY EXPERIENCE, THE PROCESS TO COMPLETE THE DESIGN AND SECURE APPROVAL OF THE NECESSARY PERMITS FOR A PROJECT WITH SCOPE IS FOUR TO SIX MONTHS.

THE CITY STAFF IS OVERWHELMED AND REVIEW TIMES ARE WELL EXCESS OF THOSE PUBLISHED.

AS OF THIS DATE, WE EXPECT THE SITE PLAN EXEMPTION TO BE APPROVED WITHIN THE NEXT TWO WEEKS.

AT WHICH TIME THE BUILDING PERMIT APPLICATION WILL BE FILED IMMEDIATELY.

WE EXPECT THIS PROCESS TAKE ANOTHER THREE TO FOUR MONTHS TO COMPLETE.

ONCE THE PERMITS ARE ISSUED, YOU CAN EXPECT THEM TO HAVE THE TWO WEEKS TO GET CONSTRUCTION BIDS.

THE LENDER OF THE PROJECTS GOING TO REQUIRE THE PERMITS ISSUED AND CONSTRUCTION ESTIMATES ARE COMPLETED BEFORE THEY WILL ACCEPT THE LOAN APPLICATION, WHICH WE EXPECT TO BE TAKEN ABOUT ONE TO TWO MONTHS TO GET FUNDING.

IN OUR OPINION, WE ESTIMATE I'LL TAKE SIX TO SEVEN MONTHS TO GET ALL THE PERMITS ISSUED, GET THE CONTRACTOR ENGAGED, GET THE LOAN FUNDED.

THEREFORE WE RESPECTFULLY REQUEST THE ORDER TO BE, BE EXTENDED FOR A PERIOD OF SIX MONTHS TO COMPLETE THIS PROCESS.

BASED ON THESE FACTS, WE FEEL IT'S A REASONABLE REQUEST.

THE OWNER HAS DONE THEIR BEST TO DEAL WITH A DIFFICULT SITUATION THAT OCCURRED DURING AN UNPRECEDENTED TIME IN OUR HISTORY.

THEY'VE WORKED DILIGENTLY TO UNDERSTAND THE EFFORT AND COMPLICATIONS ASSOCIATED WITH THE REBUILDING PROCESS, INCLUDING WHAT MANY FIELDS ARE VERY COMPLICATED AND TIME CONSUMING PERMIT PROCESS.

I'D BE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU, SIR.

UM, WELL COMMISSIONERS QUESTIONS TO CODE, UM, THE CODE INSPECTOR, MR. HALE.

AND ALSO IF YOU HAVE ANY QUESTIONS TO THE OWNER'S REPRESENTATIVE COMMISSIONER, GREENCO AHEAD.

MR. HILL, HAVE YOU WORKED WITH FIVES ON, UM, ANY OF THE, KIND OF THE BACKGROUND HERE? UH, WE ACTUALLY SPOKE, UH, QUITE A BIT, UH, BEFORE THE MEETING, UH, BUT I I'VE ACTUALLY ENGAGED, UH, SOME OTHER CONTRACTORS THAT HE'S BEEN SPEAKING WITH AND IN THE PAST.

OKAY.

AND GENERALLY SPEAKING, YOU THINK THIS IS A THEY'RE MOVING FORWARD IN A GOOD DIRECTION? YEAH.

YEAH.

I MEAN, THEY HAVE THE SUBMITTAL AND, UH, LIKE I SAID, PRE COVID, UH, THE SITE PLAN EXEMPTION PROBABLY WOULD HAVE ALREADY BEEN APPROVED, BUT RIGHT NOW IT STILL SHOWS IS AS PENDING.

UH, AND IT WAS SUBMITTED ON MAY 5TH, MR. MATTHIAS, UH, YOU'D SAY SIX TO SEVEN MONTHS.

I JUST KIND OF ADDING THINGS UP HERE.

IT LOOKS LIKE HE COULD GET OUT PRETTY QUICK TO ALMOST A YEAR.

UH, IF SOMETHING ISN'T LINED UP PERFECTLY, UH, YEAH, MY EXPERIENCE I'M VERY COMFORTABLE WITH THAT, WITH THAT NUMBER, BUT YOU'RE, YOU'RE CORRECT.

[00:35:01]

YOU KNOW, I'VE SEEN, I JUST FINISHED A CASE THAT HAD NO CONSTRUCTION AT ALL.

IT WAS A CHANGE OF OCCUPANCY FOR A SMALL SECTION OF AN EXISTING CHURCH WITH NO CONSTRUCTION.

ZERO TOOK ME THREE MONTHS TO GET THE PERMIT.

UM, I UNDERSTAND, AND I APPRECIATE THAT, BUT I ALSO UNDERSTOOD FROM MR. HALE THAT, AND I HAVEN'T HEARD THIS BEFORE, AND I'M GLAD HE MENTIONED IT, THAT THERE IS THE POTENTIAL, SINCE THERE WAS A, WHAT DO YOU CALL IT? A, B S C WHAT WHAT'S THIS ORDER? NO, I WAS JUST LETTING THEM KNOW THAT, UH, DEVELOPMENT SERVICES CONSIDERATIONS TO WHERE, WHEN A PROPERTY DOES HAVE A BUILDING STANDARDS COMMISSION ORDER, UH, THAT IT INCREASES PRIORITY THAT MIGHT HELP EXPEDITE THE PROCESS.

I MEAN, I'M COMFORTABLE WITH SIX MONTHS, UM, BUT YOU'RE RIGHT.

THERE IS NO CERTAINTY.

UM, MS. CURRY, DO YOU HAVE ANY INSIGHT INTO THE PERMITTING PROCESS? AS FAR AS THE LENGTH OF TIME AND THE NAME, TRY TO LINE FOLKS UP TO DO THE RIGHT THING AND I HAD A BACKLOG AND THEN IT'S THEIR FAULT.

SO DO YOU HAVE ANY INSIGHT INTO THAT? NO.

UM, COMMISSIONER GREEN, THE DSD KIND OF CONTROLS ALL OF THE TIMEFRAMES FOR PERMITTING, UM, AND, UH, LIKE THE CODE INSPECTOR SAID, UH, THEY MAY BE INFLUENCED BY A BSU ORDER, BUT, UM, THE CODE DEPARTMENT DOESN'T HAVE ANY ABILITY TO INFLUENCE THAT TIMEFRAME.

UM, SO UNFORTUNATELY IF THEY'RE NOT HERE TO SPEAK ON THAT, I CAN'T REALLY WEIGH IN ON THAT.

UM, AND THE COMMISSION IS STILL BOUND BY THE, UH, STATE RESTRICTIONS ON TIMEFRAMES AND THEIR OWN RULES.

LIKE THANK YOU, COMMISSIONER GREEN AND THANKS.

UM, MR. HALEY AS WELL.

UM, DO WE HAVE ANY OTHER QUESTIONS FROM THE COMMISSIONERS? SURE.

YES.

OH, YOU DO? OKAY, GO AHEAD.

WE'LL HAVE A QUESTION FOR MR. MESSIAS.

YES MA'AM.

OKAY.

SO I DO SEE THAT YOU HAVE, UM, SOME DESIGN DRAWINGS, WHICH IS GREAT, AND YOU HAVE A RECORD OF ALL THE ACTIONS AND INTERACTIONS THAT HAVE TAKEN PLACE SO FAR WITH THE CITY OF AUSTIN FOR GETTING YOUR SITE PLAN EXEMPTION.

UH, HAVE YOU ENGAGED ANY CONTRACTORS YET? I KNOW IT'S WAY TOO EARLY TO BID THIS BECAUSE EVERYTHING WILL BE CHANGING, BUT DO YOU HAVE ANY PRELIMINARY IDEAS ABOUT THAT COST AND, UM, ARE YOU WILLING? I, I DON'T.

UH, AND I, AND I CONFESS IT MAY JUST BE THAT I DON'T KNOW THAT THE OWNER MAY HAVE, MAY BE DISCUSSING THAT, BUT TYPICALLY FROM MY UNDERSTANDING FROM THE DESIGN FIRM IS THAT WE'RE WAY TOO EARLY TO BE TALKING WITH CONTRACTORS, GIVEN THAT WE HAVEN'T EVEN GOT A FIRST ROUND OF REVIEW COMMENTS BACK ON THE BUILDING PLANS.

SO IT'S UNLIKELY THAT THEY HAVE, UM, HAD, UM, SOMEBODY ENGAGED IN, UM, WE REALLY NEED TO SEE HOW THIS DOES, HOW COMPLICATED THIS REBUILD IS GOING TO BE.

AS YOU KNOW, IT'S MUCH EASIER TO BUILD A SITE FROM SCRATCH THAN IT IS TO REMODEL.

SO I THINK IT OPENS PANDORA'S BOX TO A LOT OF ISSUES, BUT, YOU KNOW, I, I DO A LOT OF PERMITTING AND I'VE REALLY FEEL COMFORTABLE, YOU KNOW, WITH THE FOUR TO SIX MONTH TIMEFRAME FOR THE PERMITTING PROCESS.

AND, AND PERHAPS YOU WERE ADDING UP THE DIFFERENT MONTHS, MAYBE I DIDN'T MAKE IT, BUT IT SHOULD JUST BE, YOU KNOW, ABOUT SIX OR SEVEN MONTHS WITH THE FUNDING.

UM, AND I THINK THAT'S A REASONABLE AMOUNT OF TIME.

I, I DO QUITE A BIT OF THEM AND I'M PRETTY CONFIDENT THAT OKAY.

AND THE REASON WHY I WAS ASKING SPECIFICALLY ABOUT A, A CONTRACTOR'S ESTIMATE IS BECAUSE AS A COMMISSION, OUR HANDS ARE SOMEWHAT TIED IN, IN LENGTHENING.

UM, THE TIMELINE FOR COMPLIANCE.

IF WE GO BEYOND 90 DAYS, WE HAVE TO HAVE CERTAIN THINGS IN PLACE.

AND SO THAT'S REALLY WHAT I WAS GETTING AT.

AND I THINK ALL OF THE COMMISSIONERS HAVE THIS LIST OF THOSE ITEMS. UM, WE DO HAVE AN ENGINEER'S DRAWINGS.

I DIDN'T CHECK IF THEY WERE SEALED, BUT I'M SURE THEY WILL BE SOON.

YEAH.

WE DON'T HAVE A FORMAL BREAKDOWN OF COSTS.

WE OBVIOUSLY DON'T HAVE A LETTER FROM A FINANCIAL INSTITUTION APPROVING THE REQUIRED FUNDS, NOT YET.

RIGHT.

UM, AND IT, AND THE FOURTH THING WOULD BE AN ESTABLISHED TIMEFRAME BY WHICH ALL WORK WILL BE ACCOMPLISHED.

SO WE HAVE, YOU KNOW, I PROVIDED THE TIMEFRAME, BUT I UNDERSTAND WE DO NOT HAVE THE, THE, THE COST ESTIMATES, BUT I, I, I WOULD IMAGINE WE COULD GET A PRELIMINARY COST ESTIMATE PREPARED, UM, PRETTY QUICKLY.

I, I JUST RELUCTANT TO, YOU KNOW, IT'S, IT'S JUST NOT GOING TO BE PRECISE, RIGHT.

UNTIL WE GET THE DESIGN, YOU KNOW, IT'S KIND OF THE CART BEFORE THE HORSE.

WE HAVE TO GET THE, I HAVE TO GET THE PERMITTING DONE.

AND SO I'M NOT QUITE SURE HOW TO HANDLE THAT.

I'M OPEN TO ANY SUGGESTIONS.

I THINK THAT THE IMPORTANT THING IS WHAT WE'RE TRYING TO REPRESENT TODAY IS WE'VE GOT THE TEAM PUT TOGETHER AND WE'RE MOVING IT

[00:40:01]

FORWARD.

AND I WOULD HATE FOR HIM TO BE PANELIZED, YOU KNOW, FOR US TRYING TO MOVE IT FORWARD.

SO IF THERE'S SOME SUGGESTION THAT WE COULD PERHAPS GET, UH, PROVIDE AN ESTIMATE TO THE BOARD OR ANY OTHER THINGS YOU MIGHT NEED, WE'RE HAPPY TO.

OKAY, WELL, WE'LL DISCUSS SOME DIFFERENT OPTIONS AS A COMMISSION.

THANK YOU.

THANK YOU.

THANK YOU, TARA.

THANK YOU.

UM, I THINK I MENTIONED, UH, FRANCIS, YOU HAD A QUESTION IT'S THIS LIST OF CRITERIA PROVIDED TO THEM PRIOR TO COMING TONIGHT BECAUSE HE ARTICULATED SOME OF THESE POINTS, RIGHT.

AS WE WAS KIND OF GOING THROUGH HIS, HAD THESE BEEN PROVIDED IN A FORMAT THAT WOULD ALLOW THEM THEN TO CHECK OFF THOSE, I CAN ANSWER THAT.

YES.

IT'S IN THE NOTICE OF HEARING THAT THEY RECEIVED AND I'VE SPOKEN TO THE OWNER AS WELL.

SO HE'S AWARE IF I COULD, UH, YOU'RE VERY CLOSE, BUT DIDN'T FORMALIZE.

I UNDERSTAND.

AND I LIKE TO ADDRESS THAT AS WE TALKED ABOUT PROVIDING JUST AN ESTIMATE, NOT AN, I UNDERSTAND YOUR POSITION ABOUT WANTING TO HAVE A SOLID OKAY.

BUT SURELY A CONTRACTOR COULD TALK IN TERMS OF, BUT NONETHELESS, THOSE THINGS WERE NOT PROVIDED.

CORRECT.

UM, YEAH.

AND THAT'S MY FAULT BECAUSE WHEN I READ THAT, I READ IT'S TO SAY INCLUDED, BUT NOT, BUT NOT LIMITED TO, IT DIDN'T SOUND TO ME LIKE THOSE WERE ABSOLUTES.

IT WAS PROVIDE EVIDENCE THAT MAY INCLUDE THE FOLLOWING.

DOES THAT MAKE SENSE? SO THAT'S THE WAY I READ IT.

I DIDN'T READ IT AS AN ABSOLUTE CHECKLIST.

AND I HAD KNOWN THAT, UM, I CERTAINLY WOULD HAVE PROVIDED SOMETHING.

AM I MISUNDERSTANDING THIS? HE SAYS, SHELL ISSUE INSIDE THE NOTICE, IT'S A HIGHLIGHTED PORTION IN YOUR FOLDER.

AND I CAN SHED SOME LIGHT ON THAT TOO.

SO THESE ITEMS ARE REQUESTED FOR THE HEARING SO THAT WE CAN MAKE DECISIONS, BUT THAT'S SEPARATE FROM WHAT WE WOULD REQUIRE AS A COMMISSION IN ORDER FOR US TO EXTEND AN ORDER BEYOND THE 90 DAYS.

SURE.

SO WE COULD, YOU KNOW, WE HAVE OPTIONS AS A COMMISSION WHERE WE COULD HAVE AN ORDER THAT IS NO LONGER THAN 90 DAYS, BUT MAYBE WE ADJUST THE FINES.

UM, OR THERE IS THE OPTION OF CONTINUING A CASE, WHICH I KNOW WE'RE TRYING TO DO A SINGLE, SINGLE TOUCH OR A CASE AT WHENEVER WE CAN WHEN THAT'S APPROPRIATE.

UM, BUT THERE ARE, THERE ARE OTHER OPTIONS.

IT SOUNDS LIKE THEY'RE MOVING ALONG.

IT JUST AREN'T MEET THOSE TOUCH POINTS.

AND JUST TO BE CLEAR, JUST TO BE CLEAR, DO WE ALSO HAVE THE OWNER HERE BY PHONE, MR. MATT, SEVER AIR? YES, I DO.

REPRESENT THE OWNERS.

YES, HE'S ON.

UM, WELL MISS DOES EVERY ONE TO ADD ANYTHING ELSE? UH, NOT REALLY.

I JUST WANT TO OVEREMPHASIZE WHICH MR. HAS SAID IF WE WENT OUT AND WE HAVE TRIED THAT TO A CONTRACTOR RIGHT NOW, TRYING TO GET AN ESTIMATE, UH, DAVE WOULD NOT ENTERTAIN ANYTHING GOD WOULD GIVE.

UH, IT TRIES STUDIED WOULD BE, UH, UH, THE CHOIR TO GO TO A BANK WHICH TEND TO BANK OR BECAUSE CONSTRUCTION LENDER WOULD REQUIRE A PERMIT DRAWING BEFORE YOU EVEN BE CONSIDERED ANYTHING.

SO I DON'T KNOW WHAT A, THEY GIVING YOU A COST ESTIMATE IS REALLY A REALISTIC ITEM AS WE HAVE PROVIDED THE OTHER YELLOW, UH, ITEMS IN THE NOTICE OF HEARING PRETTY MUCH.

OKAY.

THANK YOU FOR THE INPUT.

AND ONE OTHER THING I WANT TO ADD THE DRAWINGS THAT THAT ATTACHED TO THE PRESENTATION ARE SEALED.

IF YOU GO TO THE STRUCTURAL PART, YOU WILL SEE THOSE DRAWINGS ARE SEALED AND READY TO BE SUBMITTED.

AS SOON AS THE SITE PLAN EXEMPTION IS ISSUED CHAIR, WE CAN PUT THEIR PRESENTATION UP ON THE SCREEN IF YOU'D LIKE TO SEE IT.

UM, I THINK WE ALL HAVE IT.

UM, BUT THANK YOU.

THANK YOU.

YES, I, I DO SEE THAT ON THE, UM, YES.

MR. COMMISSIONER BENIGNO AND THEN COMMISSION IS STILL STANDING NEXT.

YES.

I HAD A QUESTION FOR MR. .

YES, SIR.

UM, IF YOU WERE AS A CODE SPECIALIST, UH, EXPEDITER, IF YOUR SERVICES HAD BEEN RETAINED FROM THE ONSET, HOW FAR ALONG WOULD THIS BE AT THE MOMENT? I DON'T MEAN YOU SPECIFICALLY, BUT I MEAN LIKE HOW, HOW DELAYED IS THIS BY THE PROCESS AND HOW DELAYED IS IT BY

[00:45:02]

MAYBE THE OWNER NOT KNOWING THE STEPS TO TAKE UNTIL YOU GOT INVOLVED? YEAH, I, I, I, I THINK IT'S A FAIR STATEMENT TO SAY THAT THE OWNER'S INEXPERIENCE AND LACK OF KNOWLEDGE OF THE PROCESS, YOU KNOW, WHICH IS, I SEE THIS ALL THE TIME WITH CLIENTS WHO AREN'T DEVELOPERS.

OH, THAT'S ME.

SORRY.

I'M SURE IF I WERE ENGAGED SOONER, WE'D BE FURTHER ALONG.

I, BECAUSE I COULD HAVE ADVISED THEM, YOU KNOW, I COULDN'T HAVE TAKEN AWAY COVID I COULDN'T TAKE AWAY THE DELAYS OF ENGAGING A DESIGN PROFESSIONAL WITH WHO HAD TO RECREATE THE BUILDING PLANS.

UH, BUT YES, I, I CERTAINLY COULD HAVE BEEN THE OWNER AND UNDERSTANDS THAT, AND THAT'S WHY HE ULTIMATELY, AND FINALLY REALIZED, WAIT A MINUTE, I'M NOT GETTING ANYWHERE.

I'VE GOT TO HAVE SOME PROFESSIONALS TO HELP ME.

SO THAT, THAT'S A CORRECT STATEMENT THOUGH.

YES.

THANK YOU.

AND COMMISSIONER STILL STEP.

YES.

THANK YOU.

MADAM CHAIR, FIRST OFF.

CAN YOU HEAR ME? YES.

YES.

I'VE BEEN HAVING SOME ISSUES WITH MY MICROPHONE TODAY, SO I JUST WANTED TO MAKE SURE, UH, SO I DON'T HAVE A QUESTION FOR ANYONE.

I JUST WANTED TO OFFER THIS FOR PURPOSES OF DISCUSSION, UM, IN OUR, UH, RULES AND REGULATIONS, THE RULE 4 0 6 CITED EARLIER, THAT'S INCLUDED WITH THE NOTICE, UM, IN ADDITION TO THE FOUR ITEMS THAT THE OWNER IS REQUIRED TO PERMIT AS A PARAGRAPH AFTER ITEM NUMBER FOUR, THEY CONSISTS OF TWO SENTENCES.

IT'S VERY BRIEF.

I'LL JUST READ THE WHOLE THING FOR THE COMMISSIONS BENEFIT.

UH, THE COMMISSION MAY IN ITS DISCRETION EXCEPT ALTERNATIVE FORMS OF EVIDENCE, THE COMMISSION MAY IN ITS DISCRETION, I'M WITH DAKOTA, THE SHOULDER PRESENTER TO PRESENT THE REBUTTAL.

UH, SO I JUST, I JUST PULLED THAT OFF BY WAY OF SAYING I'M NOT NECESSARILY ADVOCATING FOR THIS, BUT MY, UH, MY INTERPRETATION WAS THAT THE FIRST SENTENCE OF THAT PARAGRAPH AFFORDS US SOME DISCRETION TO, UH, ACCEPT THINGS OTHER THAN WHAT MIGHT BE ORDINARILY CONSIDERED OBVIOUS EVIDENCE OF THE FOUR, UH, IN DCO PROGRESS SO FAR IN THIS CASE.

UH, FOR EXAMPLE, IF WE, AS A COMMISSION DECIDED AND VOTED, UM, BASED ON THAT DECISION THAT MR. MATTHIAS TESTIMONY SATISFIED US, THAT THINGS ARE WELL IN HAND AND THAT, YOU KNOW, THE COSTS ARE ADDRESSED AND SO FORTH.

I, YOU KNOW, I DON'T KNOW HOW THAT WOULD BE REVIEWABLE, YOU KNOW, IN OTHER WORDS, I DON'T KNOW THAT, THAT, UM, ANYBODY COULD BE ALREADY COMPLAINED IN COURT THAT WE SHOULD'VE MADE THEM COME BACK IN 90 DAYS.

UH, SO I JUST WANT TO PUT THAT OUT THERE AGAIN, I'M NOT ADVOCATING FOR IT, BUT IT IS, UM, IT IS PART OF OUR RULE 4 0 6 AND I THINK IT QUALIFIES THE REST OF THE RULE.

AND I THINK IT'S, UH, SOMETHING TO KEEP IN MIND THAT I'M SURE.

OKAY.

THANK YOU FOR THAT.

UM, YEAH, THOSE COMMENTS ARE HELPFUL.

DOES ANYBODY ELSE, UM, YES.

GO AHEAD, COUNSEL.

UM, I, YES, CHAIR, UH, ASKED TO COMMISSIONER STILL COMMENT ABOUT THE, UM, THAT PORTION OF SECTION 4 0 6 IN YOUR RULES.

UM, IT IS IN YOUR DISTRICT, YOUR DISCRETION TO INTERPRET THOSE RULES, BUT I WOULD RECOMMEND THAT WE STILL STICK TO THOSE CATEGORIES OF EVIDENCE.

UM, AND I THINK THAT ALTERNATE FORMS OF EVIDENCE, UM, SUCH AS, YOU KNOW, MAYBE IT'S A SOURCE OF FUNDING.

IT DOESN'T HAVE TO BE A LETTER FROM A FINANCIAL INSTITUTION.

IT COULD BE SOME OTHER, UM, SOME OTHER FORM OF EVIDENCE, BUT I THINK IF WE COULD STICK TO THE SOURCE OF FUNDING, BREAKDOWN OF COSTS, TIMEFRAME, UM, ESTIMATE OF REQUIRED WORK, THAT WOULD GO A LONG WAY IN MAKING SURE THAT WE'RE TREATING EVERY CASE THE SAME WAY, UM, WHICH WOULD MAKE YOUR ORDERS STAND UP BETTER IN COURT.

AND I THINK THAT SAME TIME, THANK YOU FOR THAT.

YEAH, THAT MAKES A LOT OF SENSE BECAUSE WE WANT TO MAKE SURE THERE'S NO HINT OF PARTIALITY OR ANYTHING, UH, PARTIAL TREATMENT.

UH, BUT I UNDERSTAND THOSE CONCERNS AND WE CERTAINLY HAVE SOME DISCRETION HERE.

SO IF ANYBODY DO A DISCUSS FURTHER, UM, IT SEEMS LIKE THE OWNER FINALLY GOT HELP OBVIOUSLY, AND THINGS, UM, HAVE BEEN MOVING ALONG SINCE, AND WE APPRECIATE ALL THE EXHIBITS BECAUSE THAT HELPS.

AND, UM, I DON'T KNOW.

DOES ANYBODY HAVE ANY OTHER THOUGHTS? UM, A MOTION TO CLOSE THE AIRING AND LOOKS? UM, YES.

COMMISSIONER GRIN MOVES TO CLOSE THE PUBLIC HEARING, SO.

OKAY.

THANK YOU.

ANYBODY HAS AN OBJECTION TO THAT OR ANY COMMENTS? YEAH.

MS. ALLIE, DID WE ADMIT THE HOMEOWNER'S

[00:50:01]

EXHIBITS? WELL, I DID GENERICALLY, BUT I WOULD JUST REPEAT THAT AND SAY, UM, OWNER'S EXHIBIT ONE, ADMITTED EVERYTHING IS CLASSIFIED AS EXHIBIT ONE.

OKAY.

THANK YOU.

THANKS.

SO WE'VE CLOSED THE PUBLIC PART OF THE HEARING.

UM, SO THE OWNER'S REPRESENTATIVES ARE DONE NOW, BUT COMMISSIONERS, DO YOU WANT TO DISCUSS FURTHER? THIS ONE IS A, AN INTEREST IN ONE.

I KNOW THE PANDEMIC.

DID YOU KNOW STALL SOME OF IT? I'M SORRY.

I WAS JUST GOING TO SAY, WHENEVER FOLKS COME HERE AND ASK FOR US TO INTERVENE AT SOME LEVEL, MY TAKE HAS ALWAYS BEEN WHERE'S YOUR PLAN.

I THINK WE GOT A PLAN HERE THAT LOOKS REASONABLE TO ME.

IT LOOKS LIKE IT'S EXECUTABLE.

UM, THEN I GUESS THE NEXT QUESTION IS WHAT CAN WE DO TO HELP MOVE THIS ALONG? BECAUSE I THINK WE WANT THIS PROPERTY REHABILITATED AS QUICKLY AS POSSIBLE.

UM, SO THAT'S, UH, I'M OPEN TO ANY IDEAS ABOUT HOW TO, UM, MAKE THIS THING HAPPEN.

OH, JUST AS A REMINDER, AND STAFF'S ASKING FOR 90 DAYS FOR ALL, UM, ITEMS TO COME INTO COMPLIANCE AND THE OWNER'S REPRESENTATIVES ASKING FOR ABOUT SEVEN MONTHS UM, DEPENDING ON THE WAY WE STRUCTURE TODAY'S WE HAVE TO MODIFY THE PROPOSED ORDER TO BE ABLE TO DO THAT.

OKAY.

WHERE IT IS YOUR MIC ON.

OKAY.

CAN WE JUST MOVE THIS OUT FOR SEVEN MONTHS OR IS THAT BEYOND OUR, NO, WE CANNOT MOVE IT OUT FOR SEVEN MONTHS.

UM, WHAT WE CAN DO IS DECLINED TO TAKE ANY ACTION TONIGHT, WHICH MEANS THAT WE'RE PUSHING IT DOWN THE SECOND TOUCH THEN.

OKAY.

IS THERE, SORRY, LET'S DO THAT.

AND I WASN'T ACKNOWLEDGED, I'M SORRY.

YOU CAN JUMP IN.

I'M SORRY.

IS THERE A WAY FOR US TO STRUCTURE THE BINDS TO BE NEGLIGIBLE AND THEN ESCALATED SIX MONTHS? SO THAT FUNCTIONALLY, IT OPERATES LIKE THAT? OH, I THINK THAT'S ACTUALLY PROBABLY A GOOD COMPROMISE BECAUSE THE ORDER WOULD HAVE THAT EFFECT AND AN INCENTIVE TO REMIND THE OWNERS TO MOVE THINGS ALONG.

UM, NOW THE STAFF'S ASKING FOR $1,000 PER WEEK, IF I REMEMBER CORRECTLY, SO YOU HAVE THE FREEDOM TO MAKE A PROPOSAL.

WOULD YOU LIKE TO MAKE A MOTION? I'D LIKE TO HEAR THE REST OF THE DISCUSSION.

I JUST WANTED TO PUT THAT AS AN IDEA.

I THINK THAT'S A GREAT IDEA.

YEAH, NO, I WAS ACTUALLY GOING TO SUGGEST THAT WE JUST STRUCTURE THE FINES SO THAT THEY DON'T HAVE MUCH OF AN IMPACT AT ALL, BUT THEN THE DANGER IS, WELL, IF IT'S A PIDDLING AMOUNT, THEN THERE GOES THE INCENTIVE.

SO, UM, I GUESS I WOULD JUST WANT TO KNOW, IS THERE ANY REASON WHY WE COULDN'T STRUCTURE A TRIGGER WHERE THE FINES WOULD DOUBLE OR TRIPLE OR QUADRUPLE AFTER SO MANY MONTHS, UM, COMMISSIONER AT THIS POINT? I DON'T THINK SO.

I'M REVIEWING STATE LAW TO SPEAK DOUBLY.

SURE.

OKAY.

UM, AND SO I CAN LET YOU KNOW IF I FIND ANYTHING WHILE YOU CONTINUE TO DISCUSSION.

OKAY.

COMMISSIONER, POSSIBLY FOR ME TO MAKE A COMMENT ABOUT BIG EAGER, TRYING TO GET THIS BUILDING REHAB.

I BELIEVE NOBODY.

NOBODY'S MORE EAGER THAN US TO GET THIS BUILDING BACK, RECONSTRUCT THIS SO WE CAN START RECOUPING THE MASSIVE LOSSES, FINANCIAL LOSSES.

WE HAVE GONE ANDREW, MR. SILVER.

YEAH.

THANK YOU.

WE ACTUALLY ALREADY CLOSED THE PUBLIC PART OF THE HEARING TODAY, BUT THANKS.

WE'LL KEEP THAT IN MIND.

SO SOMETHING LIKE MAYBE MOVING IT FROM A THOUSAND TO $10 A WEEK FOR THE NEXT 26 WEEKS OR 30 WEEKS.

AND THEN IT GOES BACK UP TO A THOUSAND DOLLARS A WEEK.

IS THAT PRACTICAL? I THINK IT CERTAINLY HAS TO GO BACK TO $1,000 A WEEK.

AT SOME POINT I'M LISTENING TO MR. MATTHIAS'S, UM, TESTIMONY.

HE HAD SAID THAT

[00:55:01]

IT WILL PROBABLY TAKE ABOUT ONE TO TWO MONTHS ADDITIONAL TO GET TO FUNDING AFTER THE INITIAL THREE TO FOUR MONTHS BY THE PERMITTING.

SO WE'RE LOOKING AT MONTH, MAYBE FIVE BEFORE WE GET TO THE POINT OF FUNDING.

I, WHEN I WAS COUNTING EVERYTHING, IT WAS KIND OF THE, AND I MAY MISS CANADA, BUT I WAS KIND OF BEING VERY CONSERVATIVE.

I WAS GETTING TO 7, 8, 8 MONTHS PRETTY QUICK.

I ASKED MR. MATTHIAS AND HE SAID SIX TO SEVEN.

HE WAS VERY COMFORTABLE WITH, IF WE WANT TO TRY TO MAKE THIS A ONE IN THE SENSE THAT, UH, UH, TAKE, GIVE THEM A LITTLE BIT OF BUFFER AT SEVEN MONTHS, SEVEN TIMES FOUR IS 28, 29 WEEKS AT, YOU KNOW, WE'RE TALKING REALLY AT KIND OF A, UH, A MARKER.

IF, IF YOU TAKE MY NUMBER OF 10 BUCKS, THAT'S, YOU KNOW, THAT'S 300 BUCKS OVER THE COURSE OF THE NEXT SEVEN MONTHS.

UM, AND THEN AFTER THAT, IT KICKS INTO GEAR AT A THOUSAND DOLLARS A WEEK.

UM, AND ANY OTHER EXCEPTION, THEN THEY WOULD HAVE TO PROBABLY COME BACK.

BUT, UH, THAT'S TO ME, THE MECHANISM THAT I SEE FROM WHAT, UH, COMMISSIONER TALKED ABOUT.

AND, UH, BUT I DON'T KNOW IF THAT'S ACCEPTABLE, THE REST OF THE REST OF THE, UH, COMMISSION.

OKAY.

THANK YOU.

I WE'RE BRAINSTORMING HERE.

SO ANY OTHER THOUGHTS ON THAT, ON STRUCTURING THE FINES SO THAT IT DOES CARRY SOME WEIGHT, UM, WITHOUT LOSING THE EFFECTS, UH, TO TRY TO OBTAIN COMPLIANCE, BUT AT THE SAME TIME, ALLOWING TIME FOR THE OWNERS TO COME INTO COM HEINZ ON THEIR OWN OR A MOTION CHAIR, CAN YOU HEAR ME? YES.

NOW I CAN.

HELLO? THIS IS ROBERT, MR. MOORE.

YES.

GO AHEAD.

UM, YES, YES.

UH, WORST CASE SCENARIO, IF WE CAN'T.

CAUSE THAT IS AN INTERESTING, UH, PROPOSITION, AND WE'VE NEVER THOUGHT OF THAT OR DONE THAT.

UM, IF WE, BUT IF WE CAN'T DO THAT, UM, WHAT WE CAN DO IS, UH, YOU KNOW, OR WHAT Y'ALL CAN DO, I'M SORRY, IS CREATE AN ORDER WITH A NEGLIGIBLE AMOUNT AS WHAT YOU, AND, UH, IF WE'RE NOT FINDING COMPLIANCE IN THE SIX MONTH TIMEFRAME PERIOD, WE CAN THEN ACT THIS CASE, UH, IN THE ORDER TO BE, TO BE REDONE.

SO KNOWING Y'ALL SENTIMENT, YOU KNOW, THAT'S SOMETHING WE COULD DO.

OKAY.

THANK YOU, MR. MOORE, UM, COMMISSIONER FRYBERGER.

SURE.

YEAH.

UM, YEAH, AND THAT'S, THAT'S AN INTERESTING WAY TO APPROACH IT TOO, IS JUST AGAIN, HAVING THE NEG NEGLIGIBLE NEGLIGIBLE AMOUNT OF FINES AND KNOWING THAT IT COULD COME BACK.

MY FEAR IS JUST THAT AUSTIN CODE IS, UM, IZZY AND I, I WOULD BE AFRAID THAT THIS WOULD JUST ALL END TO THE ABYSS AND IT WOULD BE YEARS BEFORE WE COME BACK.

SO, UM, JUST A THOUGHT, DO WE MAYBE ALSO CONSIDER, UH, AN ADDITIONAL LAYER, UM, WHICH MEANS THAT THE OWNERS MIGHT BE ABLE TO SUBMIT ADDITIONAL EVIDENCE TO STAFF, UM, IN THAT TIMEFRAME, YOU KNOW, AS THE MILESTONES ARE BEING ACCOMPLISHED.

SO MAYBE AT MONTH TO MONTH WHEN YOU GET THE PERMITS AND THEN MONTH FOUR, WHEN YOU START GETTING THE CONTRACTORS BIDS AND SO ON, THAT COULD BE A WAY TO ALSO, UM, YEAH.

MADAM CHAIR.

YES.

COMMISSIONER STILL SAID, UH, OF THE, OF THE, UH, PROPOSALS THAT HAVE BEEN DISCUSSED SO FAR.

I THINK THE ONE THAT YOU JUST MENTIONED IS THE ONE THAT GIVES ME THE GREATEST COMFORT, THE CHALLENGE BEING OF COURSE, THAT IT'S A LITTLE BIT OF A DRAFTING HASSLE, YOU KNOW, WE HAVE TO ACTUALLY STRUCTURE THE ORDER.

UM, BUT IT HAS THE BENEFIT OF, UH, SORT OF REACHING THE RULE, UH, ORAL SEX OR THE 6 0 4, FORGIVE ME, I'VE FORGOTTEN, BUT REACHING THOSE MILESTONES ADMINISTRATIVELY BY INSTRUCTING STAFF INSTRUCTING CODE TO ENSURE THAT THOSE ARE, THOSE ARE MET AS THEY BECOME AVAILABLE.

SO THAT THE CASE WOULD ONLY COME BACK TO US IF THEY'RE NOT MET.

UM, I THINK WHAT I, WHAT I DISLIKE ABOUT THE LOBLEY CREATIVE PROPOSAL FROM MR BENIGNO IS THAT IT'S, I THINK IT RAISES THE SAME PROBLEM THAT MS. CURRY MENTIONED, UH, WITH RESPECT TO MY PROPOSAL OF JUST ACCEPTING MR. MATTHIAS, I THINK IT'S CONSTRUCTIVELY GIVING, GIVING THEM MORE TIME THAN WE'RE AUTHORIZED TO GIVE THEM UNDER OUR OWN RULES, ONLY EXTRACTING A NOMINAL.

YOU KNOW, I THINK IT WOULD BE $200

[01:00:01]

OVER THE, OVER THE LIFE OF THE EXTENSION.

AND IT'S CLEVER, BUT IT'S A LITTLE TOO CLEVER, YOU KNOW, IT'S SORT OF AN END RUN AROUND THE SPIRIT OF, OF WHAT'S SUPPOSED TO BE THE LIMIT OF OUR POWER.

UH, SO OTHER THINGS THAT HAVE BEEN PROPOSED, THE ONE I LIKE BEST IS WHAT YOU WERE JUST SAYING, WHY DON'T WE SEND STAFF FORTH WITH, UH, WITH GUIDANCE ON, ON, ON THE REMAINING MILESTONES.

AND, UH, AND, AND IF STAFF IS SATISFIED, WE WON'T HEAR FROM THEM AGAIN.

AND IF THEY'RE NOT, THEN THIS WILL BE BACK IN FRONT OF US WHEN, UH, WHEN THE OWNER FALLS A FOLLOW COMPLIANCE, THAT'S ALL, I THINK I'M MANAGER.

AND I THANK YOU.

THANK YOU.

UM, ALL RIGHT.

I THINK WE MIGHT BE GETTING CLOSER TO HAVING SOMEBODY CRAFT A VERY CLEVER, BUT NOT TOO CLEVER EMOTION.

I, I DEFER TO COMMISSIONER STANDS AND SO I WAS READY TO GO WITH MINE, BUT IT MIGHT BE A LITTLE TOO CLEVER FOR, FOR TONIGHT.

I DIDN'T MEAN ANYTHING NEGATIVE BY THAT.

I'M SORRY IF IT CAME OUT THE WRONG WAY, I HAVE BEEN ACCUSED OF THAT.

UM, DOES ANYBODY WANT TO TAKE A SHOT AT IT OR, UM, YEAH, NOTHING TOO, TOO.

AND I'M SURE YES.

I'M WILLING TO TRY.

OH, OKAY.

I SO EXCITED.

I GET TO PICK UP.

OH, BUT I THINK WE NEED TO HEAR FROM, UM, COMMISSIONER IS, I WOULD JUST ADVISE IF YOU'RE GOING TO DO SOME KIND OF, UM, UH, PENALTY AMOUNT CHANGEOVER THAT YOU CLARIFY SPECIFIC DATE SO THAT THERE IS NO QUESTION LATER, UH, BETWEEN, UH, YOU KNOW, IF WE DO HIT THAT POINT, THAT IT'S JUST VERY CLEAR FOR A PENALTY CALCULATION PURPOSES.

THANK YOU.

YEAH, THAT MAKES SENSE.

WHY ENFORCEMENT? UM, SO MAYBE THE S WE'RE TALKING ABOUT SEVEN MONTHS, MAYBE THAT WILL BE OCTOBER END OF OCTOBER, 210 DAYS.

I WILL LET COMMISSIONER FREIBERGER GO, GO FOR IT, PLEASE.

I'LL I'LL TRY IT.

OKAY.

SO I MOVE THAT WE, UM, MODIFY STAFF'S RECOMMENDED ORDER, UH, LET'S SEE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS, REPAIR, ALL SITE OF VIOLATIONS TO THE COMMERCIAL STRUCTURE WITHIN 90 DAYS, THAT WILL REMAIN THE SAME, UH, MAINTAINING PERIMETER FENCING THAT WOULD REMAIN PRESTON INSPECTIONS ON THE 91ST DAY.

SO WE WOULD BE MODIFYING THE PENALTY FOR NON-COMPLIANCE ON THE 91ST DAY TO, UM, WE'LL JUST GO WITH $10 A WEEK AS COMMISSIONER GREEN SUGGESTED.

AND ON THE HOWEVER, IF REPAIRS ARE NOT COMPLETE AND FULLY COMPLETE BY DECEMBER 1ST, 2022, I'M COUNTING SEVEN, SIX OR SEVEN OH, THE WHOLE MONTH.

ALL RIGHT.

SO THEN IF REPAIRS ARE STILL NOT COMPLETE BY JANUARY 1ST, 2023, THEN CIVIL PENALTIES WOULD BUMP UP TO $1,000 PER WEEK.

ALL OF THESE PENALTIES WILL CONTINUE TO ACCRUE, AND THAT WOULD NOT BE AN ADDITION TO THE $10 A WEEK THAT WOULD SUPERSEDE THE $10 A WEEK FROM THAT DATE OF JANUARY 1ST, 2023, UH, THEY 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.

AND ADDITIONALLY, WE WOULD LIKE TO REQUEST THAT, OH, UH, COMMISSIONER, I'M SORRY.

WE CAN'T HAVE INTERRUPTIONS TO THE MAIN MOTION.

SO YOU HAVE TO START OVER.

OKAY.

WE'RE NOT GOING TO GET OUT OF HERE BEFORE 10.

ALRIGHT, SO I'VE MOVED THAT WE ADOPT STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING MODIFICATIONS.

UM, ISLANDS 1, 2, 3,

[01:05:02]

AND FOUR WOULD ALL REMAIN THE SAME.

WE'RE ALL CITED VIOLATIONS NEED TO BE REPAIRED, ALL INSPECTIONS, EVERYTHING COMPLETE WITHIN 90 DAYS.

AND THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $10 PER WEEK THAT WILL TO ACCRUE.

AND IT COMPLIANCE STILL HAS NOT BEEN ACHIEVED BY JANUARY 1ST, 2023, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK.

THAT WOULD THEN REPLACE THE $10 PER WEEK UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS CODE OR THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND ADDITIONALLY, WE WOULD LIKE THE PROPERTY REPRESENTATIVE TO PROVIDE PERIODIC STATUS REPORTS TO THIS COMMISSION.

UH, ACTUALLY I'M GOING TO SAY PERIODIC STATUS REPORTS TO CODE STAFF AT LET'S SEE.

SO THIS IS MAY, SO WE WOULD WANT THOSE FOR THE JULY MEETING, THE SEPTEMBER MEETING AND THE NOVEMBER MEETING.

AND IT HAD HEADS UP THAT NOVEMBER MEETING IS NOT GOING TO BE A FULL TWO MONTHS.

THAT'S PROBABLY GOING TO BE EARLIER IN THE MONTH AND WE DID NOT HAVE A NOVEMBER MEETING.

OH, WE DON'T HAVE ANY NOVEMBER MEETING.

WE HAVE A DECEMBER.

OKAY.

EARLY DECEMBER, EARLY DECEMBER MEETING.

AND DO YOU WANT HIM TO PRESENT IN PERSON I'M GOING TO PROPOSE, I'M GOING TO PROPOSE A WRITTEN REPORT GIVEN TO STAFF THAT WE CAN, THAT THE COMMISSION CAN REVIEW INTERRUPTED ME.

DIDN'T SHE, EVEN IF THE, UH, IF THE, UM, UPDATE IS GIVEN TO CODE STAFF, UM, IF YOU'D LIKE TO JUST END IT AT NOVEMBER MEETING, THAT CAN BE FINE.

IF YOU WANT TO CHANGE ANY FURTHER, YOU'LL HAVE TO RESTART.

UM, BUT IF YOU WANT TO JUST STICK WITH HAVING THE REPORTS TO CODE STAFF IN JULY, SEPTEMBER, AND NOVEMBER, THEN, THEN YOU CAN END IT THERE.

AND, UM, UH, THOSE REPORTS WILL GO TO MELANIE AND SHE CAN DISTRIBUTE IT TO THE COMMISSIONERS, EVEN IF YOU DON'T HAVE A MEETING IN NOVEMBER.

THAT SOUNDS WONDERFUL.

POTION MOTION.

I SECOND THAT MOTION.

THANK YOU.

WE GOT A SECOND FROM COMMISSIONER.

STILL SAD.

YES.

GREEN.

OH, BENIGNO.

OH YEAH.

THANK YOU.

I THOUGHT HE CAME FROM THE COMPUTER.

UM, OKAY.

THAT WAS, YES.

EVERYTHING THAT, UH, COMMISSIONER FREIBERGER SAID.

UM, DID EVERYBODY CATCH THAT? CAUSE WE'RE GOING TO VOTE ON