[00:00:01]
[CALL TO ORDER]
YES.I WOULD LIKE TO, UM, CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR JUNE 22ND, 2022.
LET THE RECORD REFLECT THAT THE TIME IS 6:36 PM.
MY NAME IS
AT THIS TIME, I WILL CALL ROLL AND ASK WHAT THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU'RE HERE AND A QUICK REMINDER TO THE COMMISSIONERS THAT ARE REMOTE.
UM, PLEASE TURN YOUR CAMERA ON AND KEEP IT ON FOR THE DURATION OF THE MEETING.
UM, COMMISSIONER HERRERA IS HERE.
COMMISSIONER THUMPS IN COMMISSIONER MUELLER, COMMISSIONER BENIGNO, COMMISSIONER STOAT, STEAD.
AND COMMISSIONER FREIBURGER HERE.
THANK YOU AND COMMISSIONER FRANCIS, NOT COMING.
AND, UH, WE ALSO HAVE THE FIRE MARSHALL HERE TONIGHT.
IS THAT RIGHT? OH, HE WILL BE ONLINE.
UM, AND BEFORE WE GO ON TONIGHT, I ALSO WANT IT TO ACKNOWLEDGE THAT WE LOST ONE OF OUR COMMISSIONERS.
UH, LAST WEEK PERMISSION, A PABLO AVILA HAD SERVED DILIGENTLY FOR QUITE A WHILE, AND HE WAS ACTUALLY AT THE LAST MEETING AS WELL.
SO OUR, UM, THOUGHTS AND PRAYERS ARE WITH THE FAMILY AND FRIENDS, UM, THAT KNEW HIM WELL.
AND, UH, I JUST WANTED TO MAKE SURE I MENTIONED THAT WE'LL HAVE FOR THE DISCUSSION WITH THE COMMISSIONERS ON WHAT WE'LL DO AS A GROUP, UM, OR THE FAMILY.
SO I JUST WANTED TO SAY, UM, THANK YOU FOR HIS SERVICE, OF COURSE.
AND, UM, WE WISH THE FAMILY ALL THE BEST BEFORE THE CASES ARE CALLED.
UH, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION IN, UM, ON ITEMS THAT I'M NOT ON TONIGHT'S AGENDA.
UM, AND EACH SPEAKER WILL BE ALLOTTED FIVE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
UM, TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR ONE CASE ON THE POST SET AGENDA.
THE COMMISSION WILL CONSIDER EIGHT CASES FROM FOUR PROPERTIES.
WELL, WE'RE CONSIDERING EIGHT CASES FOR FOUR PROPERTIES TONIGHT.
UM, 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 THE 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 ANY QUESTIONS WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT, UH, NEAR THE, IN THE MIDDLE OF THE ROOM, UM, ACROSS FROM ME.
UM, AND IF YOU'RE PARTICIPATING REMOTELY, MAKE SURE TO UNMUTE YOUR PHONE WHEN YOUR CASE IS CALLED, THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST, AND YOU AND YOUR REPRESENTATIVE MAY ASK THE WITNESSES.
ANY QUESTIONS ABOUT THEIR TESTIMONY AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU'LL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.
YOU'LL 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.
WE'LL OUR DESIGNATED TIMEKEEPER THIS EVENING.
[00:05:08]
JAMES CONDEMN ASIDE WILL BE THE TIMEKEEPER TODAY.AFTER YOU AND 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 A 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 DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEAL TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THE PROCEDURE, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED WITNESSES, UM, NOW WILL TESTIFY UNDER OATH.
SO IF YOU ARE HERE TONIGHT AND ONE TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, UM, INCLUDING THOSE REMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
DO EACH OF YOU SWEAR AND AFFIRM THAT THE TESTIMONY YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
YOU MAY BE SEATED IF THERE'S NOTHING FURTHER, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS. UM, ACTUALLY
[PUBLIC COMMUNICATION: GENERAL]
THE COMMUNICATIONS FIRST AND THEN THE AGENDA ITEMS WE HAVE, UM, DEBBIE GARCIA SIGNED UP.I ONLY HAVE, UM, CASEA PRINTS.
UM, AND YOU'RE HERE REGARDING ROSEMONT.
CAN I HOLD ON JUST ONE MINUTE, WE HAVE A QUESTION FOR THE ATTORNEY ABOUT THE FAIR ONE SECOND.
JUST ONE MINUTE, GETTING SOME CLARIFICATION ABOUT ALL RIGHT.
I WANTED TO ACKNOWLEDGE THAT, UH, COMMISSIONER MICHAEL FRANCIS IS NOT PRESENT NONE.
SO, UM, WE HAVE, UH, MISPRINTS WAITING TO SPEAK, UH, REGARDING THE ROSEMONT PROPERTY.
YOU MAY PROCEED GOOD EVENING, EVERYONE.
I'M A MEMBER OF THE NEIGHBORS OF ROSEMONT.
I AM A TENANT AT ROSEMONT, AND I'M HERE TO SPEAK TO YOU
[00:10:01]
ABOUT THE HUNDREDS OF ISSUES THAT ARE AT ROSEMONT.I'VE BEEN TO MANY COMMISSIONER'S MEETINGS.
I'VE BEEN TO MANY BOARD MEETINGS AND IT'S BEEN 16 MONTHS.
I'VE BEEN THREATENED WITH EVICTION TO FIX THE REPAIRS.
I'VE BEEN RELOCATED FOR SEVEN MONTHS.
AND I CAME BACK TO THE SAME CONDITIONS THAT I LEFT WITH.
MY PLACE LOOKS BETTER THAN A LOT OF THE TENANTS, BUT WE ALL ARE LIVING IN LITERAL SQUALOR.
IT IS NOT OUR FAULT THAT THEY KEEP CHANGING MANAGEMENT MANAGEMENT COMPANIES, OWNERS, AND THEY'RE NEVER HELD ACCOUNTABLE.
I'VE HEARD HUNDREDS OF PROMISES AFTER PROMISE AFTER PROMISE, BUT WE STILL ARE LIVING THE SAME.
WE COME TO CODE, WE CALL CODE.
YOU COME OUT, YOU DO INVESTIGATIONS.
YOU GIVE VIOLATIONS, YOU GIVE THEM MORE TIME.
AND AT THIS POINT IT MAY TAKE A HUNDRED YEARS TO FIX 280 APARTMENTS AT ROSE MINE.
IF NOTHING IS DONE AND NO ONE IS HELD ACCOUNTABLE, NO ONE, I DON'T CARE HOW POOR YOU ARE, WHAT COLOR YOU ARE, WHAT YOUR NATIONALITY IS DESERVES TO BE TREATED.
WE FEEL LIKE WE'VE BEEN TREATED LIKE NOTHING.
WE JUST LIVE IN VERY, VERY BAD CONDITIONS AND WE FEEL UNHEARD.
I FEEL LIKE ALL OF THESE MEETINGS I'VE BEEN TO HAVEN'T BEEN HAVE ACCOMPLISHED NOTHING.
THE PROGRESS THAT HAS BEEN MADE IN THIS YEAR SINCE THE URI STORM IS MINIMAL ALMOST NON-EXISTENT.
AND WE CAN'T CONTINUE TO KEEP A BLIND EYE BECAUSE AT THE END OF THE DAY, EVERYBODY HERE GOES TO A SAFE HOME, NO MOLD.
THEY HAVE ALL THEIR WALLS AND EVERYTHING IS FIXED, BUT WE DON'T.
AND I DON'T KNOW HOW ELSE WE'RE GOING TO GET THAT MESSAGE OUT HERE.
AND WHO'S GOING TO HEAR OUR CRY.
BECAUSE AS OF NOW, IT'S BEEN DEAD EARS.
IT CONTINUES TO BE DARED EARS.
YOU COME OUT HERE AND YOU LOOK AT HOW PEOPLE ARE LIVING, BUT IT STAYS THE SAME.
SO I'M HERE TO SPEAK FOR THE PEOPLE.
WE HAVE A LOT OF BLACK, BROWN AND POOR PEOPLE.
WE HAVE PEOPLE THAT ARE IMMIGRANTS AND THEY'RE AFRAID TO SAY SOMETHING.
IT BREAKS MY HEART TO TWO APARTMENTS OF PEOPLE LIVING IN NINE WALLS OUT FOR A YEAR AND A HALF, NO BATHTUB, BRATTY CARPET.
AND EVEN THOUGH WE'VE CHANGED MANAGEMENT GOT RID OF THE BAD PEOPLE.
THEY'RE STILL AFRAID TO SAY ANYTHING.
THEY'D RATHER JUST PAY RENT AND LIVE LIKE THAT AND PRAY THAT MAYBE ONE DAY THEY'LL GET THEIR STUFF FIXED.
WE DON'T HAVE STUDIO APARTMENTS.
SO WE DON'T HAVE SINGLE PEOPLE.
WE HAVE CHILDREN, TWO, THREE, AND FOUR BEDROOM APARTMENT.
WE HAVE DISABLED CHILDREN AND THEY DON'T DESERVE IT.
SO I HOPE YOU WILL LISTEN TO THIS STUFF.
LOOK AT THESE PICTURES AND NOT JUST LOOK AT IT, DO SOMETHING.
WE APPRECIATE YOU COMING TONIGHT.
WELL, UM, WE SHOULD GET THE MINUTES FROM THE LAST MEETING APPROVED AND MY MICROPHONE CHAIR BEFORE WE MOVE ON TO THE CASES.
IF WE COULD APPROVE THE MINUTES
[APPROVAL OF MINUTES]
FROM THE APRIL 20 FROM THE MAY 25TH, REGULAR MEETING COPIES OF THE DRAFT MINUTES ARE IN THE GOOGLE DRIVE FOLDER AND YOUR READERS, SHOULD YOU NEED TO REVIEW THEM.AND PLEASE NOTE THAT IN ORDER TO VOTE ON THE MINUTES, IT IS NOT REQUIRED THAT YOU WERE PRESENT AT THE RESPECTIVE MEETING ONLY THAT YOU REVIEWED THE MINUTES PRIOR TO THE VOTE.
HAS EVERYONE HAD A CHANCE TO TAKE A LOOK AT THE MINUTES? YES.
MOVE THAT WE APPROVE THE MINUTES FROM THE, UH, REGULAR MEETING OF MAY, 2022.
DO WE HAVE A SECOND ON THAT? THANK YOU.
UM, IS IT, IS THERE ANY OBJECTION TO ADMITTING THAT, UH, THE MINUTES FROM THE LAST MEETING? NO.
[00:15:01]
TO ABSTAIN SINCE I WASN'T PRESENT.YOU CAN VOTE AS LONG AS YOU REVIEW THE MINUTES YOU DON'T WANT TO.
UM, SO, AND ARE READY TO MOVE ON
[1. Case Numbers: CL 2022-081359; CL 2022-081482; CL 2022-081460; CL 2022-081463 and CL 2022-081466]
TO THE NEXT BIT TO THE FIRST AGENDA ITEM.THE FIRST ITEM ON THE AGENDA FOR YOUR, FOR YOUR REVIEW AND CONSIDERATION IS REGARDING A COMMERCIAL MULTI-FAMILY PROPERTY.
CURRENTLY IN THE REPEAT OFFENDER PROGRAM, LOCALLY KNOWN AS ROSEMONT AT OAK VALLEY AND ALSO KNOWN AS 2800 0 28 0 1 PLEASANT VALLEY ROAD.
THIS PROPERTY CONSISTS OF ONE VERY LARGE PARCEL MADE UP OF MULTIPLE APARTMENTS AND DUPLEXES.
YOU WILL BE ADDRESSING THE FOLLOWING FIVE DUPLEX UNITS CASE NUMBER 20 22 0 8 1 3 5 9 REGARDING 2,800 SOUTH PLEASANT VALLEY ROAD UNIT A CASE 20 22 0 8 1 4 8 2 REGARDING 29 0 6 SOUTH PLEASANT VALLEY ROAD, UNIT B CASE 2020 TWOS.
YOU ARE 8 1 4 6 0 REGARDING 3,102 SOUTH PLEASANT VALLEY ROAD, UNIT B CASE 20 22 0 8 1 4 6 3 REGARDING 29 0 1 COLLINS CREEK DRIVE, UNIT B AND CASE NUMBER 20 22 0 8 1 4 6 6 REGARDING 31 0 9.
CONCRETE COLLINS CREEK DRIVE UNIT A ALL EXHIBITS AND OTHER RELEVANT DOCUMENTS FOR THESE FIVE CASES CAN BE FOUND IN THE GREEN BOOKS IN THE GOOGLE DRIVE FOLDER, ANDREW READERS, LET'S REVIEW A FEW, FEW FACTS ABOUT THIS PROPERTY.
THIS COMMERCIAL MULTIFAMILY PROPERTY IS PART OF THE REPEAT OFFENDER PROGRAM AND CONSISTS OF 89 BUILDINGS IN 278 UNITS.
OVERALL, THE UNITS ARE CURRENTLY OCCUPIED WITH SUBSTANDARD LIVING AND STRUCTURAL CONDITIONS.
NO PERMITS HAVE BEEN OBTAINED FOR THE REPAIRS MADE TO DATE IN YOUR GOOGLE DRIVE FOLDERS OR READERS.
YOU WILL FIND THE FOLLOWING FOR EACH OF THE REFERENCE CASES, EXHIBIT ONE, WHICH CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, WHICH VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING AND RELATED POSTINGS AND A STRUCTURAL MAP OF THE PROPERTY, AS WELL AS AN ACTION PLAN FOR ROSEMONT AT OAK VALLEY DATED OCTOBER 29TH, 2021 EXHIBITS 2, 4, 6, 8, AND 10, WHICH CONTAINED THE COMPLAINTS IN CASE HISTORIES AND THE REQUIRED NOTICES OF VIOLATION AND RELATED POSTINGS AND EXHIBITS THREE A THROUGH 3G
JASON ORTIZ ARE HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES AND DISCUSS THE VIOLATIONS AS DEPICTED INSPECTOR ORTIZ WILL BEGIN BY PRESENTING THE PHOTOS FOR 2829 0 6 AND 3,102 SOUTH PLEASANT VALLEY ROAD.
WHEN HE CONCLUDES HIS TESTIMONY DIVISION MANAGER, NORIEGA WILL PRESENT THE CASES FOR 29 0 1 AND 31 0 9 COLLINS CREEK DRIVE, INSPECTOR ORTIZ.
GOOD EVENING, COMMISSIONER, UH, CHAIRMAN AND COMMISSION.
MY NAME IS JASON ORTIZ AND I AM THE, UH, REPEAT OFFENDER, UH, INSPECTOR ASSIGNED TO THIS CASE.
THESE CASES, AS STATED PREVIOUSLY, THE PROPERTY IS REGISTERED UNDER THE REPEAT OFFENDER PROGRAM AND HAS BEEN SINCE MARCH OF 2022.
UM, IN APRIL OF 2022, I RECEIVED THESE CASES ALONG WITH OTHER CASES, UH, FOUR UNITS WITH INCOMPLETE SHEET ROCK WORK FROM DAMAGE OBTAINED FROM THE WINTER STORM IN FEBRUARY OF 2021.
THESE REPAIRS, UH, THE REPAIR WORK BEGAN IN OCTOBER OF 2021 AND HAS YET TO BE COMPLETED.
UM, UPON THE INITIAL INSPECTION OF THE UNITS, UH, CONDUCTED BY MYSELF AND OTHER AUSTIN CODE INSPECTORS.
WE FOUND A LARGE PORTION OF THE UNITS MISSING, UH, THE SHEET ROCK ALONG WITH VARIOUS OTHER VIOLATIONS.
NOTICE THE VIOLATION WAS SENT TO THE OWNER AND, OR THE REGISTERED AGENT FOR ALL THE CASES ON FILE ARE CASES BEING BROUGHT FORWARD DUE TO THE SEVERITY OF THE DAMAGE, THE POOR LIVING CONDITIONS IN DARED BY THE TENANTS.
AS OF THIS PAST SATURDAY, I HAVE BEEN INFORMED BY MANAGEMENT THAT ALL VIOLATIONS HAVE BEEN CORRECTED, UH, AT THIS TIME.
UM, BUT I WILL, UH, PRESENT THE PHOTOS THAT DEPICT THE CONDITION OF THE UNITS.
UH, THE LAST THAT I HAVE SEEN IT,
[00:20:55]
GOT THE FIRST ONE.UH, THE FIRST PHOTOS ARE GOING TO DEPICT, UH, THE CONDITIONS OF, UH, 2,800 PLEASANT VALLEY ROAD OR PLEASANT VALLEY DRIVE PHOTO THREE A TO SEVERE THE PROPERTY SIGN, IDENTIFYING THE BUILDINGS AND QUESTION, UH, THREE B IS A PHOTO OF THE BUILDING ITSELF.
UH, THREE C IS GOING TO IDENTIFY THE UNIT NUMBER IN QUESTION, UH, THREE D.
THIS IS THE VIEW OF THE MISSING SHEETROCK, UH, AS YOU CAN SEE, UH, IN THE HALLWAY AND, AND, UH, AROUND THE CORNER IN THE KITCHEN THREE E UH, THIS IS, UH, PHOTOS OF THE KITCHEN AREA WHERE YOU COULD SEE THE CEILING IS MISSING THE SHEET ROCK ALONG WITH ADDITIONAL, UH, MISSING SHEET ROCK IN THE KITCHEN, IAN AND THREE F AND G ARE ADDITIONAL PHOTOS OF THE MISSING SHEET ROCK IN THE HALLWAY AND ADDITIONAL TRIM THAT'S MISSING AROUND THE DOORWAYS NEXT PROPERTY.
THIS IS GOING TO BE THIS PROPERTY.
HERE'S A 29 0 6 PLEASANT VALLEY ROAD, UNIT B FIVE.
A'S JUST A CONTEXTUAL, UH, PHOTO OF THE BUILDING IN QUESTION FIVE B WOULD BE THE VIEW OR THE, UH, THE ADDRESS OF THE PARTICULAR BUILDING IN QUESTION FIVE C B, THOUGH, IDENTIFYING THE UNIT BY D THIS VIEW OF, UH, THE INITIAL ENTRYWAY, UH, TO THE DUPLEX.
THIS WALL PREVIOUSLY, UH, WAS COMPLETELY MISSING.
SHE WROTE, UM, BUT IS NOW FINISHED BY E THIS IS A LIGHT FIXTURE THAT WAS REPLACED IN THAT SAME HALLWAY.
UM, THERE WAS A PREVIOUSLY A SMOKE DETECTOR HERE THAT WAS REPLACED WITH A LIGHT FIXTURE.
UH, WE'RE NOT A HUNDRED PERCENT SURE WHY THAT, UH, FIVE F THIS IS VIEWS OF UNFINISHED SHEET ROCK REPAIRS IN THE UNIT, UH, FIVE G AND H.
SO ADDITIONAL VIEWS OF JUST UNFINISHED.
SEE RIGHT WITHIN THE HALLWAYS AND FIVE, I WOULD BE VIEW OF THE SHOWER TILE THAT ALSO, UH, NEEDS TO BE, UM, PROPERLY SEALED NEXT PHOTO.
YEAH, THAT'S THE SHOWER THERE WHERE THE, UH, THE GROUT AND CEILING NEEDS TO BE INSTALLED ON THAT AND GO TO THE NEXT PROPERTY.
31 0 2 PLEASANT VALLEY ROAD SEVEN EIGHT IS GOING TO BE A CONTEXTUAL VIEW OF THE, OF THE, OF THE BUILDING.
AND QUESTION SEVEN B IDENTIFYING THE UNIT SEVEN C.
THIS IS JUST DAMAGE TO THE WEATHERSTRIPPING, UH, AT THE FRONT DOOR, UH, LEAVING GAPS, UH, 70, AND HE SHOW DAMAGE HANDRAILS, UH, IN THE INITIAL STAIRWAY, UH, AND THE ENTRANCE OF THE UNIT SEVEN F SINCE A VIEW OF UNFINISHED SHEET ROCK IN THE MASTER BEDROOM, SEVEN G UH, VIEWS OF UNFINISHED IRAQ, UM, IN THE FIRST KID'S BEDROOM, SEVEN, EIGHT VIEWS OF THE, UH, CRACK SHEET ROCK ABOVE THE DOORWAY IN THAT SAME SECOND BEDROOM, AND THEN SEVEN I AND J ARE VIEWS OF THE, UH,
[00:25:01]
SCREW HOLES THAT ARE, UH, OPT OUT FROM, UH, SHEET ROCK THAT IS BASICALLY DISCONNECTED FROM THE CEILING IN THERE.AND THAT CONCLUDES THE PHOTOS, THE DEPICTING THE, THE VIOLATIONS AND QUESTIONS.
I'LL ADMIT THE EXHIBITS AS, UM, TWO MORE PLACES ON THIS ONE, CASE MANAGER NORIEGA.
I'M THE DIVISION MANAGER FOR THE REPEAT OFFENDER PROGRAM.
I'D LIKE TO PRESENT TWO CASES IN ADDITION TO ADJACENT PRESENTED, UH, TAKING A LOOK A SECOND LOOK AT 29 0 1 COLLINS CREEK AND, AND EACH OF THESE PROPERTIES, I WOULD LIKE TO, JUST FOR YOU TO REMEMBER THAT THEY'RE THERE, MOST OF THE REPAIRS HAVE BEEN COMPLETED, BUT I WOULD LIKE FOR YOU TO NOTICE THE CONDITION THAT THE, THE TENANTS WERE LIVING IN AND WHAT THEY HAD TO ENDURE DURING THIS REPAIRS THAT WERE BEING, UH, WERE, THAT WERE OCCURRING IN THE, IN THE PROPERTY.
LET'S TAKE A LOOK AT 29 0 1 29 0 1 COLLINS CREEK IT'S UNIT B.
AND I THINK THAT'S IT SO THIS IS 29 0 1 COLLINS CREEK DRIVE.
THIS IS UNIT BEING, AND, UH, WHEN WE WENT OUT TO THE FIRST INSPECTION, I WAS TO SEE CONTEXTUAL PICTURE OF THE PROPERTY.
THIS IS NINE I'M SORRY, NINE EIGHT.
THIS IS THE ENTRYWAY INTO THE PROPERTY.
YOU SEE THE PLASTIC ON THE WALLS.
UH, THEY, THEY PUT PLASTIC TO CONTAIN THE INSULATION.
UH, THIS WAS, UH, UH, CONDITIONS.
THESE TENANTS ARE LIVING IN NINE SCENE NEXT DISPATCHER, THE NINE.
SEE, YOU SEE THE PLASTIC ALSO ON THE CEILINGS AND, AND HOW, UH, WELL, ONCE AGAIN, IT CONTAINS INSULATION, BUT, UH, THE CONDITIONS THEY HAD TO ENDURE IT IN THIS TIME, AS THESE ESPECIALLY ARE CONDUCTED IN MAY, UH, NEXT, NEXT PITCHER, 90, JUST PLASTIC ON THE WALLS.
UH, THE, UH, STRUCTURES WERE JUST, UH, OR NOT BEING REPAIRED AT THAT TIME.
WHEN WE WENT OUT THERE HAD BEEN NOTIFIED ARTISTS MANY MONTHS BEFORE NEXT PICTURE JUST SHOWS THE TRIM, AND THEN IT'S ALSO PLASTIC.
UH, JUST THE, THE CONDITION THAT, UH, THE UNITS WERE IN NEXT PICTURE.
CAN YOU SHOW THAT A, THE WALL PLATES ARE REMOVED, JUST EXPOSURE TO ELECTRICAL WIRING, UH, THAT, UH, THERE WAS
[00:30:01]
ALSO EXPOSED.NEXT PICTURE SMOKE DETECTORS ARE REMOVED DURING THIS TIME TO, TO MAKE THE REPAIRS WHEN THE REPAIRS WERE GOING TO BE MADE.
AND I, ANDREW, IT'S THIS 30, UH, 31 0 9 COLLINS CREEK.
WE ACTUALLY WENT OUT THERE IN FEBRUARY, BUT WE WEREN'T ABLE TO GET IN AFTER FEBRUARY.
AND THEN WE WERE ABLE TO GET IN ONCE THE REPAIRS WERE DONE, UH, NEXT PICTURE.
THIS IS THE UNIT BEING ASSUMED TO BE HERE.
THIS IS OVER A REPAIR AT NIGHT.
THIS IS JUST A REPAIRS JUST ON THE WALLS.
THESE ARE REPAIRS THAT WERE BEING MADE AT ON THE PROPERTY.
UH, THE SHEET ROCK WAS A MR. PAIRED ON THE, IN THE UNITS.
THIS IS TROY 9 0 1 CONNER'S CREEK.
THIS IS A REPAIRS THAT WERE DONE ON THE PROPERTY.
SO THE REPAIRS WERE COMPLETED.
THE SHEET ROCKERS ARE REPLACED.
THE PAINT WAS DONE, THE, THE TAPE AND FLOAT.
I SEE ALL THE, THE EVERYTHING REPAIRED.
I JUST WANT TO BRING ATTENTION TO YOU.
I, ONE THING TOO, ALL THIS WAS DONE WITHOUT PERMITS.
WE HAVE NO IDEA WHAT'S BEHIND THESE WALLS.
WE DO NOT KNOW IF THERE'S INSULATION PROPERLY INSTALLED.
WE DO NOT KNOW IF THERE'S, UH, THE, THE, THE, UH, FIREWALLS WERE, WERE, UH, WERE REPAIRED, WERE DONE CORRECTLY.
WE DO NOT KNOW WHAT THERE WAS ANY OF THE MOISTURE BEHIND THESE WALLS.
WE DON'T KNOW IF THERE WAS A LEAK BEHIND THESE WALLS.
THERE WAS MANY ISSUES THAT WERE PROMISED DURING OUR INSPECTIONS AND IN THEIR ACTION PLAN.
SO ALL THIS WAS DONE WITHOUT PERMITS.
NO, NO IDEA HOW THESE REPAIRS WERE CONDUCTED.
NOW, THE NEXT PICTURE, ONCE AGAIN, REPAIRS COMPLETED, UH, JUST SHOWING EVERYTHING COMPLETED, BUT ONCE AGAIN, WORK WITHOUT PERMIT NEXT PICTURE.
WHAT FLOORING HAD NOT BEEN COMPLETED WHEN WE MADE OUR INSPECTION GOING.
NEXT ONE, SPLEEN WAS REPAIRED.
ONCE AGAIN, COMPLETED ONCE AGAIN WITH THE WORK WITH OPERA AND JUST THE TRIM WERE COMPLETED ON THE, ON THE, IN THE BATHROOM, NEXT PHOTO, AND JUST, UH, THE BASEBOARDS REPLACED, UH, CAUGHT AND BEING REPAIRED.
NEXT ONE, THIS IS IN THE BATHROOM BATHROOM.
THE BATHROOM HAS REPAIRS THAT WERE COMPLETED.
AND, UH, JUST ONCE AGAIN, IT WAS DONE WITH OUR PERMIT.
THE NEXT ONE, ALL THE REPAIRS, EVERYTHING COMPLETED INSIDE THE INSIDE OF THE UNITS.
NEXT NEXT PHOTO, I BELIEVE IS A 31 0 9 COLLINS CREEK 1 0 9 COLLINS CREEK.
THIS IS A UNIT A MR. WHEN WE WENT OUT IN FEBRUARY, WHEN WE WENT TO THE PROPERTY OF THIS YEAR, AND THESE WERE THE CONDITIONS THAT THE UNITS ARE RAN.
ONCE AGAIN, WE SEE THE PLASTIC ON THE WALLS, UH, TAPE TAPED ON THE WALLS.
NEXT PICTURE A PLASTIC ON THE WALLS, HUMAN PEOPLE LIVING IN THESE UNITS AT THIS TIME.
NEXT PICTURE ONCE AGAIN, SAME TIME.
NEXT ONE, SMOKE DETECTOR, CARBON DIOXIDE.
UH, THE CABINETS WERE REMOVED WHEN THERE WAS A LEAK UNDERNEATH THE SINK THERE.
NEXT PICTURE, THIS THE FLOORING HAD BEEN REMOVED TO NEXT ONE, UH, LEAKS UNDERNEATH THE SINK.
ONCE AGAIN, THE CABINETS ARE REMOVED IN THIS UNIT, NEXT PHOTO, AND JUST A PLASTIC.
THERE'S JUST PLASTIC EVERYWHERE INSIDE THE UNIT.
THE APPLIANCES WERE NOT WORKING.
THERE WAS AN ISSUE WITH A BURNER, AND THERE'S A CUTE GUY IN THE NEXT ONE.
AND HERE'S OUR RE-INSPECTION WHENEVER WE WENT AND WE CONDUCTED OUR RE-INSPECTION JASON TESA, INSPECTED IT.
THE NEXT ONE IS CONTEXTUAL PICTURES.
AND THE NEXT ONE, ALL REPAIRS COMPLETED AND CABINETS REPLACED NEXT PHOTO.
THERE'S STILL A LEAK UNDERNEATH THE SINK ON THIS UNIT AT THE TIME OF THE INSPECTION NEXT PHOTO, AND HE CAN CONTINUE TO THE NEXT ONE OR PAIRS ALL COMPLETED PAINTED.
[00:35:01]
JUST TO BRING ONCE AGAIN TO YOUR ATTENTION, UM, WHEN THESE REPAIRS ARE MADE WORK WITHOUT, WITHOUT PERMIT, WE DO NOT KNOW IF, UH, THE FIREWALLS WERE, WERE, UM, COMPROMISE TO NOT KNOW, UH, INSTALLATION WAS PROPERLY INSTALLED.WE DON'T KNOW THE ENERGY IS THE QUALITY, ENERGY EFFICIENCY OF THE UNITS.
AND WE DON'T KNOW IF THERE WAS A LEAK STILL IN THE, IN THESE, UH, UNITS, IF YOU AND YOUR IN YOUR READERS ARE THEY, YOU HAVE THE ACTION PLAN THAT THEY SUBMITTED.
AND THIS IS OCTOBER 29TH, 2021.
THEY ISSUED A, THEY SUBMITTED AN ACTION PLAN FOR ROSEMONT AT OAK VALLEY.
AND HERE IN THE, THE ACTION PANEL SHOWS EXACTLY WHAT THEY WERE GOING TO BE DOING, BUT NONE OF THIS WAS FOLLOWED AS FAR AS HOW TO COMMUNICATE AND WHAT WAS GOING TO BE DONE TO LET US KNOW WHAT WAS, WHAT WAS FOUND BEHIND THE WALLS.
THE LAST, UH, ON THE LAST PAGE, WHICH IS PAGE 12 IN THE EXHIBIT, IT SHOWS WHAT VENDOR'S EVER GOING TO USE AND HOW THEY WERE GOING TO MITIGATE THE CLEANING OF THE UNITS, HOW THEY WERE GOING TO, TO DETERMINE IF THERE WAS MOISTURES BEHIND, BETWEEN ON THE, BEHIND THE WALLS AND WHAT WAS EXACTLY GOING, HOW THEY WERE GOING TO RESTORE THE UNITS.
NONE OF THIS WAS PRESENTED TO US.
SO WE HAVE NO IDEA HOW THE REPAIRS ARE COMPLETED.
SO THAT IS, UH, WANTED TO BRING YOUR ATTENTION TO WHAT WAS OCCURRING AT THIS PROPERTY.
AND THAT CONCLUDES MY PRESENTATION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH 11, THE CONSISTING OF EXHIBIT ONE, AND EVEN NUMBERED EXHIBITS 2, 4, 6, 8, AND 10, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS THREE EIGHT THROUGH 3G.
BEFORE I READ THE RECOMMENDATION, I WOULD LIKE TO MAKE A REQUEST.
ALL OF THE ORDERS ARE THE SAME.
PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER WITH THE UNDERSTANDING THAT WE ARE REQUESTING SEPARATE ORDERS.
IN EACH CASE, YOU MAY PROCEED.
STAFF ASKS THE COMMISSION TO LET'S SAY STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW.
AND IN ALL CASES, 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 30 DAYS FROM THE DATE, THE ORDER HAS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND FOUR ON THE 31ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $2,000 PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIALS DETERMINED, SET THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTER SHELL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
UM, WELL I'LL ADMIT THE EXHIBITS ONE THROUGH 11 B EXHIBITS ONE AND THE EVEN NUMBERED EXHIBITS, 2, 4, 6, 8, AND 10, AND THE PHOTOGRAPHS AND THE WAY MATT, UH, THE PHOTOGRAPHS THAT WERE MARKED AS EXHIBITS THREE EIGHT THROUGH 3G.
SO WE DO HAVE A COUPLE OF SPEAKERS ON THIS CASE AND THANK YOU, INSPECTOR OR TEAS AND DIVISION MANAGER, A MANAGER NORIEGA.
UM, I BELIEVE WE HAVE A TENANT HERE WHEN WE'VE GOT IN THAT CASE, UH, FOR ROSEMONT ROSEMONT SHARE.
DO WE HAVE ANY PROPERTY REPRESENTATIVES? UM, WELL, WE DO HAVE A PROPERTY REPRESENTATIVE AS WELL.
I THINK DOLLY WARD IS THAT RIGHT? IS THAT YOU? I DID I SAY YOUR NAME, RIGHT? THANK YOU.
UM, WOULD YOU LIKE TO PRESENT FIRST THEN A LOT OF SPEAKERS
[00:40:02]
GOOD AFTERNOON.I'M THE VICE PRESIDENT OF OPERATIONS FOR CAPSTONE REAL ESTATE MANAGEMENT.
WE HAVE BEEN MANAGING ROSEMONT AT OAK VALLEY SINCE MARCH OF 2021, APPROXIMATELY A MONTH AFTER THE STORM DAMAGE.
WHEN WE ARRIVED, THERE WAS CATASTROPHIC DAMAGE TO THE PROPERTY 264 OF 280 UNITS HAD WATER DAMAGE.
SOME OF IT IS SEVERE TO ENCOMPASS THE ENTIRE UNIT, SOME AS SMALL AS JUST A FEW LINEAR FEET OF DRYWALL.
ONE OF THE FIRST THINGS THAT WE STARTED TO IMPLEMENT WAS HAVING A PROFESSIONAL ENVIRONMENTAL COMPANY ASSESS EVERY SINGLE UNIT BY DOING MOISTURE MEETING TESTINGS BEHIND THE WALL.
WHAT WE FOUND IS EVEN IF IT DOESN'T LOOK TO HAVE MOISTURE BEHIND IT, OFTENTIMES THERE IS.
SO THE ONLY WAY THAT WE WILL KNOW FOR SURE IS BY DOING THE MOISTURE TESTING.
SO WE HIRED A PROFESSIONAL COMPANY TO GO IN AND ASSESS THAT EVERY SINGLE UNIT HAS A MOISTURE ASSESSMENT DONE FOR THAT ONCE THAT WAS COMPLETED, WE HAD A PROFESSIONAL COMPANY THAT CAME IN REMOVED.
THOSE SAID, SECTIONS TOOK THE DRYWALL OUT, DRIED IT AND CAPSULATED IT WITH AN ANTIFUNGAL, UH, PAINT, IF YOU WILL.
IT WAS THEN TESTED BY THE ENVIRONMENTAL COMPANY TO MAKE SURE THAT THE MOISTURE MEETING READINGS WERE BELOW THE SET STANDARD.
AND ALSO THAT THERE WAS NO FUNGAL BACTERIA GROWTH AND SET AREA.
DURING THIS TIME, EVERY RESIDENT AT ROSEMONT HAD THE OPPORTUNITY TO MOVE OUT AND BE GIVEN THEIR FULL REFUND OF THEIR DEPOSIT.
WE EVEN ASKED A CERTAIN AMOUNT OF RESIDENTS THAT HAD DAMAGED BEYOND WHAT WE BELIEVED WERE BOTH BATHROOMS OR A BATHROOM WAS NO LONGER AVAILABLE.
AND SO WE HAD PEOPLE THAT LIVED IN A HOTEL FOR A LONG TIME, AS WE WORKED THROUGH THAT DAMAGE.
UM, THE COUNTY COMMISSIONER AND THE JUDGE WERE GRACIOUS TO HELP US WITH MONEY, TO ALLOW PEOPLE TO MOVE INTO THE HOTELS.
AND AS WE FINISHED WORKING THROUGH REMOVING ALL THE DRYWALL, WE HAD TO WORK TOWARDS REBUILDING THOSE UNITS THAT WERE MOST HEAVILY DAMAGED.
NOW, AS WE STARTED TO REBUILD, WE DID CALL THE CITY.
AND DURING THAT TIME THERE WERE OVER 64 PERMITS PULLED FOR THE MAJORITY OF THAT WORK.
WE MET WITH TWO CITY OFFICIALS AND THEY SAID THAT APARTMENT COMMUNITIES SUCH AS OURS, THAT HAD UNDERGONE SUCH HEAVY DAMAGE WERE BEING GIVEN THE OPPORTUNITY TO HIRE OUR OWN IN-HOUSE INSPECTOR TO INSPECT WHAT WE BUILT BACK.
WE WERE SUPPOSED TO SEND THEM A LIST, WHICH WE DID.
WE SENT THEM A LIST OF ALL THE UNITS THAT WERE DAMAGED, THE CONTRACTORS THAT WOULD BE ASSIGNED TO THOSE UNITS.
ALSO THE INSPECTOR THAT WAS GOING TO DO IT IN THIS CASE, MCCOMB WAS INSPECTIONS, UH, WAS THE INSPECTOR.
THEY DID REQUIRE THAT THEY COME DOWN AND DO A TRAINING WITH THE CITY GROUP.
SO THEY DID COME IN AND THEY TRAINED WITH THE CITY TO MAKE SURE THAT EVERYTHING WAS FOLLOWED.
UH, AS WE BUILT IT BACK, WE DO HAVE RECORDS ON EVERY SINGLE UNIT THAT WAS BUILT BACK AS TO THE DRY WALL, THE FIRE, THE INSULATION, ELECTRICAL, ANYTHING THAT NEEDED TO BE INSPECTED AS WE PUT IT BACK WAS INSPECTED BY MCCOMAS INSPECTIONS.
AND THAT WAS AN OPTION THAT WAS GIVEN TO US BY THE CITY OF AUSTIN AT THE TIME, BECAUSE THEY DIDN'T HAVE ENOUGH.
AND I HATE TO, IT WAS A JOKE MADE THAT IF WE TRIED TO GO THROUGH THE CITY AND WORK WITH THEM THROUGH ALL OF THIS, THAT SOME PEOPLE WOULD BE ABLE TO RETIRE BEFORE WE GOT ALL THIS WORK DONE BECAUSE OF THE LENGTH OF TIME THAT IT WOULD TAKE TO DO INSPECTIONS ON THE PROPERTY.
SO WE WANT THE UNITS BACK ONLINE FOR THE AFFORDABLE COMMUNITY THAT NEEDS IT IN THAT AREA.
THEREFORE, WE HIRED OUR OWN INDEPENDENT TO GO IN AND DO THE INSPECTIONS THAT AT THE TIME THE CITY SAID THEY COULDN'T DO ON A TIMELY MANNER.
SORRY, LET ME LOOK BACK THROUGH MY NOTES HERE.
SO WE HAVE COMPLETED ALL OF THE REMOVAL OF THE DRY WALL.
WE HAVE ALL OF THE ENCAPSULATION DONE ALL OF THE TESTS FOR THE AREAS THAT WERE DAMAGED DURING THE STORM HAVE PASSED ALL OF THE ENVIRONMENTAL INSPECTIONS.
[00:45:01]
AND WE HAVE THREE GENERAL CONTRACTORS THAT HAVE BEEN WORKING EVERY DAY, TRYING TO REBUILD ROSEMONT AS QUICKLY AS WE POSSIBLY CAN.UH, THAT'S UH, THAT'S, THAT'S THE SHORT OF WHAT WE'VE BEEN TRYING TO DO, BUT AGAIN, OUR MAIN GOAL IS TO REBUILD ROSEMONT IN A SAFE MANNER.
WE HIRED INSPECTORS THAT WOULD COME IN AND LOOK FOR WATER THAT WE COULDN'T SEE.
NO, NOBODY'S TRYING TO DENY THAT, BUT ALSO REMEMBER WE WE'VE ANYBODY THAT WANTED TO MOVE OUT.
WE HAVE LET THEM MOVE OUT AND GIVEN THEM THEIR FULL REFUND BACK.
AND ONE OF THE THINGS THAT WE PROMISED THE JUDGE AND THE COUNTY COMMISSIONERS WAS IF PEOPLE WANTED TO STAY, WE WERE GOING TO DO OUR BEST TO WORK WITH THEM, TO LET THEM STAY IN THEIR HOMES.
WE UNDERSTAND THAT THESE ARE AFFORDABLE RESIDENTS THAT LIVE THERE, THAT IT'S NOT EASY FOR THEM TO, YOU KNOW, PAY AND GO SOMEWHERE ELSE.
AND WE, AGAIN, WE'RE, WE'RE DOING THE BEST THAT WE CAN TO TRY AND REBUILD IT AS QUICKLY AS WE CAN.
WE HAVE THREE GENERAL CONTRACTORS THEY'RE WORKING EVERY DAY.
IT HASN'T BEEN EASY, BUT WE'VE DONE EVERYTHING THAT WE CAN.
UM, AND NOW WE HAVE ANOTHER SPEAKER WITH S HFC, RIGHT? KEITH, I'M SORRY, I CAN'T READ YOUR HANDWRITING.
MY NAME IS ROBERT ONION AND I'M WITH STRATEGIC HOUSING FINANCE CORPORATION.
I AM THE DIRECTOR OF REAL ESTATE, UH, DEVELOPMENT.
UM, I HAVE BEEN INVOLVED WITH THIS, UH, TRANSACTION, UH, SINCE, UH, SEPTEMBER OF 2019 WHEN WE PURCHASED IT.
UM, YOU KNOW, I'M A LITTLE CONFUSED ABOUT SOME OF THE TESTIMONY THAT I'VE HEARD HERE.
I I'M VERY CONCERNED BECAUSE I KNOW I LOOK AT THE INVOICES.
WE HAVE SPENT OVER $8 MILLION ON THIS PROPERTY.
UM, I HAVE LAWSUITS THAT I'M HAVING TO DEAL WITH RIGHT NOW, UH, SRP, WHO IS THE ENVIRONMENTAL, UH, CONTRACTOR.
I HAVE, UH, OUTSTANDING INVOICES OF A MILLION FOR A PHOENIX CATASTROPHE WHO DID ALL THE DEMOLITION.
AND, UH, THEN, UH, YOU KNOW, DOING THE, THE TESTING AND ALSO THE CHEMICAL TREATMENT.
I HAVE, UH, AN OUTSTANDING INVOICE OF SIX AND A HALF MILLION WITH THEM.
W ONE OF THE PROBLEMS THAT WE'VE HAD IS WE DID HAVE INSURANCE, UH, WITH THE PROPERTY.
IT WAS WITH TEXAS MUNICIPAL LEAGUE TO DATE.
THEY'VE ADVANCED 1,000,008 WAY BACK IN JUNE.
WE HAD DONE A PAR PARTIAL PROOF OF LOSS FOR OVER 5 MILLION, EIGHT TO DATE.
WE STILL HAVE ONLY RECEIVED 1,000,008.
OUR BOARD IS COMMITTED TO GETTING THESE APARTMENTS BACK ONLINE JUST LAST MONTH.
AND I CAN PROVIDE YOU WITH A RESOLUTION.
WE HAD OVER $3 MILLION ADVANCED OF OUR OWN MONEY OUT OF POCKET.
I WENT BACK TO THEM TO GET A RESOLUTION TO GO TO FOUR AND A HALF MILLION.
SO WE COULD CONTINUE TO DO THIS BILL BACK AND GET ALL THE IMPROVEMENTS DONE.
IT'S MY UNDERSTANDING THAT, UH, WE HAVE APPROXIMATELY 35 UNITS, UH, WITH STILL INTERIOR WORK TO BE DONE, WHICH SHORTLY IT WILL GO DOWN TO 15.
AND THEN FROM THERE, WE SHOULD BE COMPLETE WITH REGARD TO THE INTERIOR WORK.
SO W WE HAVE NOT STOPPED ONE DAY.
WE, WE HAD NOT DELAYED ONE THING AND, YOU KNOW, WITH A LOT OF EFFORT AND COORDINATION WITH ALL THE CONTRACTORS, BE IT, THE DEMOLITION CONTRACTORS, THE BILL BACK CONTRACTORS, AND ALL THE MONEY WE HAVE SPENT, UH, IN ORDER TO KEEP THIS, UH, DEVELOPMENT GOING.
AND W W WE HAVE A COMMITMENT AND I CAN PROVIDE THAT TO YOU, AND WE'RE GOING TO GET THERE.
IT'S TAKEN LONGER THAN WE WOULD LIKE FOR IT TO, UH, BUT THESE ARE THE RESTRAINTS THAT WE HAD.
UH, BUT WE HAVE NOT SLOWED DOWN ONCE.
AND, UH, SO AGAIN, WE'RE COMMITTED TO GET THIS DONE AND WE'LL GET THROUGH THIS PROCESS AND WE APPRECIATE YOUR EFFORTS AND UNDERSTANDING, AND, UH, WITH EVERYBODY'S EFFORT, WE'LL GET THIS DONE AND WE'LL GET THE RESIDENTS BACK IN.
UM, AND THAT'S WHAT WE'RE ALL STRIVING TO DO.
UM, DO WE STILL HAVE A KEY HUB OF
[00:50:01]
POWER? YES.ARE YOU SPEAKING AS WELL TONIGHT? YOU DON'T NEED TO SPEAK.
OH, MR. BRISTOL, ARE YOU HERE FOR THE SAME PROPERTY? YOU DON'T NEED TO SPEAK EITHER.
UH, WE ONLY HAVE A REPRESENTATIVE FROM BASTA REGARDING THE SAME PROPERTY.
WOULD YOU LIKE TO SPEAK AS WELL? OKAY.
I'M A TENANT ORGANIZER WITH BOSSA, AND I'VE BEEN WORKING WITH THE NEIGHBORS AT ROSEMONT FOR WHAT WILL BE A YEAR IN JULY.
UM, THE NEIGHBORS AT ROSEMONT AND BOSTON WERE HERE LAST MONTH, EVEN THOUGH TWO OF THE CASES THAT WERE SUPPOSED TO COME BEFORE YOU WERE TAKEN OFF THE DOCKET, WE ARE THANKFUL THAT THOSE TWO CASES WERE BROUGHT BACK AS THE REPAIRS IN THOSE UNITS HAD NOT BEEN PROPERLY COMPLETED.
AS YOU ALL SAW IN THOSE PICTURES.
AND LAST TIME I TOLD YOU ABOUT ONE OF THOSE TENANTS, HER NAME IS TANISHA JACKSON.
SHE COULDN'T BE HERE TONIGHT BECAUSE SHE WORKS NIGHTS, BUT SHE ASKED ME TO RETELL HER STORY AND GIVE YOU ALL SOME UPDATES.
AND AS YOU ALL SAW FROM THE PICTURES, MUCH OF THE, FOR MONTHS, HER HOUSE WAS INSULATED WITH A THIN LAYER OF PLASTIC.
AND OUR FAMILY HAD TO LIVE LIKE THAT THROUGH THE WINTER AND THE SUMMER, AND THEN ANOTHER SUMMER AND ANOTHER WINTER, UM, WHEN I SPOKE TO HER.
AND SO SHE DIDN'T CALL CODE UNTIL, UM, APRIL.
SO THEY WERE LIKE THAT FOR A WHILE, JUST NOT MAKING ANY COMPLAINTS.
AND AS Y'ALL KNOW, CODE GAVE THEM THE 30 DAYS TO FIX IT.
AND SO FROM APRIL TO LAST MONTH, LAST MONTH, LIKE THE WEEK BEFORE SHE WAS SUPPOSED TO COME HERE IS WHEN THE REPAIRS STARTED AND THEY WERE RUSHED AND THEY WERE SHODDY.
UM, AND WE SENT A VIDEO OF THE WAY THAT IT LOOKED TO, TO CODE, UM, JUST SO THAT THEY COULD SEE THE, THAT CASE SHOULD NOT HAVE BEEN TAKEN OFF THE DOCKET.
SO AS OF YESTERDAY, WHEN I TALKED TO HER, THOSE ISSUES, THEY HAVEN'T FILLED IN THE GAPS IN THE WALLS.
SO WHEN THEY'RE SAYING THAT THINGS ARE COMPLETE NOW, LIKE WHAT, WHAT IS THE QUALITY OF THE COMPLETENESS? IF THERE ARE STILL GAPS IN THE WALLS, SHE STILL DOESN'T HAVE FLOORS.
THERE'S STILL ONE HOLE IN HER HALLWAY.
UM, AND THEN I ALSO MENTIONED LAST TIME, AND THEN THAT'S ON TOP OF THE OTHER REPAIR ISSUES, LIKE THE SPOTTY HOT WATER AND THE STOVE THAT DIDN'T WORK.
AND SHE JUST TELLING ME THAT AFTER IT GOT DISMISSED FROM HERE, THE WORK STOPPED.
UM, BECAUSE ROSEMONT DIDN'T THINK THAT IT WAS A PRIORITY ANYMORE.
YOU KNOW, THEY, THEY WERE OUT OF THE HOT SEAT FOR A SECOND.
AND SO INSTEAD THEY FOCUSED ON ANOTHER TENANT WHO WAS ALSO ON YOUR DOCKET.
HE COULDN'T BE HERE TODAY BECAUSE HE'S ON VACATION WITH HIS FAMILY.
UM, BUT WHEN I CALLED HIM, HE WAS REALLY UPSET.
HE WANTED TO BE HERE BECAUSE AGAIN, A TON OF REPAIR ISSUES IN HIS APARTMENT THAT HE HAD COMPLAINED ABOUT.
AND IT WASN'T, AGAIN, THE SAME PATTERN LAST WEEK, THEY STARTED FIXING IT BEFORE HE CAME HERE.
UM, AND THEN TODAY HE LET ME KNOW THAT HE GOT A CALL FROM THE OFFICE AND ALL OF A SUDDEN THEY'RE ASKING HIM, OH, ARE YOU SATISFIED WITH THE REPAIRS IN YOUR APARTMENT? WELL, HE DOESN'T KNOW HE'S IN GALVESTON, BUT HE'S PRETTY UPSET BECAUSE ALL OF THESE MONTHS, NOTHING HAPPENS.
BUT TODAY, BECAUSE THEY WANTED TO KNOW IF THEY COULD COME HERE AND SAY, OH, LOOK, WE FIXED IT.
AND SO I WANT TO ADDRESS SOME OF THE MISSTATEMENTS THAT WERE MADE BY, UM, BY CAPSTONE.
UM, THAT 260 OF THOSE UNITS HAD WATER DAMAGE AFTER WINTER STORM URI.
SOME DID HAVE MAJOR WATER DAMAGE, BUT IT WASN'T THE 2 62 60 HAVE ISSUES.
BUT IT HAPPENED WAY BEFORE WINTER STORM YURI AND KESHA WHO TESTIFIED EARLIER IS ONE OF THOSE PEOPLE, HER APARTMENT WAS NOT DAMAGED IN THAT STORM.
THE LEAKS HAD BEEN THERE FOREVER.
THEY'RE TALKING ABOUT IT'S TRUE.
THEY DID MOISTURE ASSESSMENTS AND ALL OF THE UNITS.
AND THAT'S HOW THEY FIGURED OUT THE 87 PEOPLE WHO THEY WERE GOING TO EVICT.
BUT THIS GROUP OF TENANTS, THEY GOT TOGETHER AND THEY FOUGHT AND THEY PREVENTED THOSE EVICTIONS.
AND SO, YES, SOME OF THEM WERE OFFERED TO GO TO A HOTEL.
[00:55:01]
BUT TH THIS CLAIM THAT EVERYBODY GOT THAT OFFER, THAT IS NOT TRUE.THEY, I DON'T KNOW HOW THEY CHOSE, WHO GOT TO GO AND WHO DIDN'T GET TO GO, BUT THEY PULLED HALF OF THOSE PEOPLE.
YOU COULD STAY DURING THE RENOVATIONS.
THOSE ARE THE PICTURES THAT YOU'RE SEEING OF THE PLASTIC ON THE WALLS.
THOSE ARE THE PEOPLE WHO HAD LIVED LIKE THAT FOR EIGHT MONTHS, BECAUSE THEY WERE TOLD YOU COULD STAY DURING RENOVATIONS.
AND THE ENVIRONMENTAL STUDY, YES, THERE WAS AN ENVIRONMENTAL STUDY THAT SOUNDS LIKE Y'ALL PAID A LOT FOR THAT ENVIRONMENTAL STUDY DID NOT MEASURE MOLD.
WHAT THEY DO IS AFTER DISASTERS, THEY TEST FOR BACTERIA LIKE WHEN THERE'S A FLOOD, BECAUSE SEWAGE COMES UP.
THAT'S WHAT THEY WERE TESTING FOR.
THAT DIDN'T HAPPEN AFTER WINTER STORM, URI AND WASTED A TON OF MONEY NOT GET HIT.
IT'S LIKE, IF YOU HAVE THE FLU AND YOU'RE TESTING FOR COVID, THEY DID THE WRONG TEST AND PAID A TON OF MONEY FOR THAT.
AND THEY SAID THAT THEY STAND BEHIND IT AND THEY STILL WON'T TEST FOR MOLD.
ALSO, UM, THE INSPECTORS THAT THEY'RE TALKING ABOUT, THE IN-HOUSE INSPECTORS AND WHY THEY DIDN'T FOLLOW THE PROCESS.
TENANTS WHO HAVE SAID THAT THESE INSPECTORS THEY'RE, THEY'VE BEEN TOLD THAT THEIR INSPECTORS, THEY DON'T EVEN GO INTO THE APARTMENT TO CHECK.
AND IF YOU SAW SOME OF THE WORK, THEY, THEY, THEY APPROVED THAT YOU ALL SAW, EVEN IN THE COMPLETED UNITS, LIKE IT'S BAD WORK THAT'S BEEN DONE.
AND THE TENANTS CAN TELL YOU THAT THE MAINTENANCE PEOPLE, WHEN THEY GO IN THERE, THERE'S WIRES THAT WERE PUT IN BACKWARDS.
THERE ARE FIRE HAZARDS ALL OVER THE PLACE.
WE DON'T KNOW WHAT'S BEHIND THOSE WALLS.
AND YES, I KNOW THEY'VE SPENT A TON OF MONEY AND THAT THOSE PREVIOUS CONTRACTORS DID A HORRIBLE JOB, BUT THAT'S THEIR MISMANAGEMENT.
THAT'S NOT THE TENANT'S FAULT.
APARTMENT MANAGERS AND OWNERS HAVE THE DUTY TO MAINTAIN HOUSING AND TENANTS.
SHOULDN'T HAVE TO RELY ON CODE AND THE BUILDING AND STANDARDS COMMISSION, AND ALL OTHER FORMS OF ESCALATION TO GET REPAIRS DONE CORRECTLY.
MS. THOMPSON, I'M SORRY TO INTERRUPT YOU YOUR TIME'S UP.
SO IF YOU CAN JUST WRAP EVERYTHING UP WITHIN LIKE A MINUTE.
UM, ROSEMONT'S ALREADY ON THE ROP LIST AND THIS IS A PROGRAM THAT'S INTENDED TO CORRECT BAD BEHAVIOR, BUT INSTEAD THEY'RE GAMING THE SYSTEM AND TRYING TO EXPLOIT EXTENSIONS, AND THEY COME HERE TO TELL SOB STORIES ABOUT HOW THEY'RE WORKING SO HARD.
AND SO FAST TENANTS ARE THE ONES WHO ARE AFFECTED.
THIS IS AFFECTING THEIR HEALTH, THEIR LIVELIHOOD, THEIR MENTAL HEALTH, EVERY ASPECT OF THEIR LIVES.
PLEASE DO NOT LET TENANTS DOWN BY GRANTING MORE TIME.
ROSEMONT NEEDS TO BE, FIND THE MAXIMUM AMOUNT SO THAT THEY START TO TAKE AUSTIN CODE AND THIS COMMISSION SERIOUSLY, AND THEY NEED TO BE HELD ACCOUNTABLE BECAUSE IF YOU GIVE THEM MORE LENIENCY OR MORE TIME, ALL THEY'RE GOING TO DO IS WAIT UNTIL THE LAST MINUTE TO DO BAD REPAIRS AND TENANTS ARE GOING TO END UP HERE.
CODE IS GOING TO HAVE TO COME BACK HERE AGAIN BECAUSE IT'S NOT BEING DONE.
UM, I BELIEVE WE'VE HEARD EVERYONE THAT'S HERE REGARDING THE ROAST MUNCH, UH, PROPERTIES.
THAT'S MR. OH, I CAN'T READ HANDWRITING.
UH, AS I MENTIONED REMOTELY, MY NAME IS KEITH AUTH POWER.
I AM THE ASSET MANAGER FOR THE STRATEGIC HOUSING FINANCE CORPORATION OF TRAVIS COUNTY.
UH, I'VE LISTENED TO THE TESTIMONY AND WISHED TO MAKE JUST A FEW SHORT COMMENTS.
AS I KNOW, EVERYONE'S TIME IS PRECIOUS.
IT IS A HUGE PROJECT TO REHABILITATE THIS NUMBER OF UNITS.
YOU CAN'T BUILD THIS MANY UNITS IN A 12 MONTH PERIOD FROM THE GROUND UP.
THE SECOND POINT I WOULD LIKE TO MAKE IS THAT I FIND IT INTERESTING THAT WHILE I CERTAINLY BELIEVE EVERY PERSON'S RIGHT TO SPEAK AND EXPRESS THEIR CONCERNS OR THEIR OPINIONS, I FIND IT INTERESTING THAT EVERYTHING THAT HAS BEEN TESTIFIED TO THIS EVENING ON BEHALF OF OUR MANAGEMENT COMPANY, OUR OWN BAR BY MY DIRECTOR, WE CAN BACK UP ON PAPER.
THE REST OF IT IS AN ADVOCATE THAT SO FAR HAS MADE WHAT I WOULD CONSIDER TO BE HEARSAY ARGUMENTS.
I DON'T THINK THAT'S MUCH OF A BASIS FOR MAKING A DECISION.
[01:00:01]
WE ARE A MONTH AND A HALF FROM POM SEEDING THIS WORK, AND WE NEED TO BE ALLOWED TO GET OUR JOB DONE.AND THAT INVOLVES FOCUSING ON GETTING THESE TENANTS UNITS COMPLETED ACCORDING TO THE SCOPE THAT WE WERE SUPPOSED TO.
I BELIEVE I JUST HEARD THE TERM GAMING, THE, THE DEPARTMENT COME UP.
I FIND THAT INTERESTING LANGUAGE AND I WOULD BE VERY INTERESTED TO KNOW EXACTLY WHO IT IS IN THIS DEPARTMENT, THAT WE ARE GAMING THIRDLY, OR FIFTHLY, EXCUSE ME, ALONG DAY FIFTHLY.
IF WE ARE SUPPOSED TO WORK AND COOPERATE WITH THE CITY INSPECTION DEPARTMENT, AND WE HAVE MET OUR TASKS TO DO THAT, AND WE'RE ALLOWED THE OPPORTUNITY TO USE A, AN INDEPENDENT INSPECTOR, WHICH WE HAVE DONE, THEN I'M NOT SURE WHO SHOULD BE INFORMED OF THAT FROM THE GET GO, BUT SOMEONE SHOULD HAVE HERE.
LASTLY, UM, I WANT TO, UH, GIVE MY ASSURANCES AS ASSET MANAGER FOR THE CORPORATION THAT OUR WORK WILL CONTINUE.
UH, ANY MISTAKES THAT WE MAKE WILL BE ADDRESSED.
THEY WILL BE ADDRESSED IN A TIMELY MANNER THAT MAY NOT HAVE BEEN THE CASE PREVIOUSLY.
AND WE REGRET THAT, BUT WE HAVE NOT STOPPED WORK SINCE THE BEGINNING OF OCTOBER.
WE HAVE NOT MISSED AN OPPORTUNITY TO CONTINUOUSLY REASSIGNED ASSIGN ADDITIONAL BATCHES OF UNITS FOR REPAIR.
UH, AND ONCE AGAIN, JUST TO CORRECT THE RECORD, THAT WAS A FEW MINUTES AGO, EVERY RESIDENT AT ROSEMONT WAS GIVEN AN OPPORTUNITY AND THEIR OWN INDIVIDUAL CHOICE TO EITHER REMAIN IN PLACE OR THEY COULD MOVE.
AND WE WOULD IMMEDIATELY REFUND THEIR FULL DEPOSIT BACK TO THEM.
THERE WAS NO FORCED MEASURES TAKEN HERE.
THESE PEOPLE WERE FREE TO CHOOSE, AND THAT'S EXACTLY WHAT HAPPENED.
AND I THANK YOU FOR YOUR TIME.
UM, I BELIEVE THOSE ARE ALL THE SPEAKERS.
UM, SO WE'LL GO AHEAD AND HAVE, UM, THE COMMISSIONERS ASK QUESTIONS TO THE INSPECT, TO THE CODE INSPECTORS.
OH, IS THERE ANYTHING ELSE? OH, THERE'S ONE MORE PERSON.
SO WE'LL, YOU KNOW, COMMISSIONERS, IF YOU HAVE QUESTIONS PLEASE, UM, TO THE OWNERS REPRESENTATIVES TO THE CODE INSPECTOR OF SIR.
COMMISSIONER, SO SAID, DID YOU SAY SOMETHING? YES.
MA'AM UM, COULD IT BE RECOGNIZED FOR A FEW QUESTIONS? OH, SURE.
A COUPLE OF QUESTIONS FOR MR. MR. WARD.
I'M ASSUMING YOU'RE RIGHT WITH MR. WARD.
UM, YOU MENTIONED THE CITY OFFICIALS STATING THAT YOU WERE ALLOWED TO HIRE, UH, INDEPENDENT INSPECTORS.
CAN YOU GIVE US JUST A LITTLE BIT MORE DETAIL ABOUT THAT? WHO WERE THE CITY OFFICIALS WHO HAD, DO ADVISE TO YOU THAT YOU COULD DO THAT? YEAH, SO WE MET WITH, UM, TODD AND MARLIN.
I DON'T REMEMBER THEIR LAST NAMES.
I'D HAVE TO LOOK THAT UP, BUT, UM, TODD AND MARLYN AND, UH, I BELIEVE THEY ARE MANAGERS AT, FOR THE PERMITTING PROCESS.
WOULD THAT HAVE BEEN, UH, TELLING ME I WAS AT DEVELOPMENT SERVICES? I SOMETIMES I THINK THE NAMES OF THE, IT COULD BE, I'M SORRY.
I, AGAIN, I'D HAVE TO GO AND LOOK AND TRY AND FIND THEIR EMAILS.
I JUST REMEMBER THEIR FIRST NAME, THEIR MANAGERS WITH THE DEVELOPMENT SERVICES DEPARTMENT.
[01:05:01]
REMEMBER APPROXIMATELY WHEN THOSE CONVERSATIONS TOOK PLACE? I BELIEVE WE MET WITH THEM IN JUNE OR JULY OF 21, RIGHT BEFORE WE STARTED BUILDING BACK UNITS AFTER WE, YOU KNOW, AGAIN, KIND OF A PROCESS.SO YOU HAVE TO GO THROUGH WITH THE ENVIRONMENTAL TEAM AND FIGURE OUT WHAT IS DAMAGED, THEN REMOVE ALL THE DAMAGE, ENCAPSULATE CLEAR ALL THE INSPECTIONS, AND THEN YOU CAN START THE BUILD BACK.
AND I WANT TO SAY WE STARTED THAT IN JUNE OR JULY.
AND THEN JUST HELP ME UNDERSTAND A LITTLE BIT HOW, HOW EXACTLY WHERE THE PERMITS TO, TO BE CLOSED.
I MEAN, WHAT I'M TRYING TO FIGURE OUT WHAT NORMALLY HAPPEN.
THE, I GATHER CITY INSPECTORS WOULD COME AROUND, BUT HOW DO YOU CLOSE THE LOOP WHEN YOU'RE HIRING INDEPENDENT INSPECTORS IN TERMS OF, IN TERMS OF GETTING THE WORK INSPECTED AND SIGNED OFF? YES, ABSOLUTELY.
SO, UM, AT THE TIME THAT CAPSTONE CAME IN AND I REMEMBER THAT WAS ABOUT A MONTH AFTER THE STORM.
SO, UH, THERE WERE ALREADY CONTRACTORS CURRENTLY WORKING THERE FROM PREVIOUS MANAGEMENT AND THEY HAD PULLED, I WANT TO SAY 63 PERMITS HAVE BEEN PULLED ALREADY FOR UNITS THAT THEY HAD STARTED CONSTRUCTION ON.
UM, AND SOME OF THOSE PERMITS HAD ALREADY BEEN CLOSED.
BUT WHAT WE FOUND OUT AFTER WE HAD THE ENVIRONMENTAL TEAM IS UNFORTUNATELY SOME OF THAT WORK THAT HAD BEEN, YOU KNOW, WHERE THEY CLOSED UP THE WALL.
AND EVEN, EVEN THOUGH SOME OF THOSE PERMITS HAD ALREADY BEEN INSPECTED, THERE WAS STILL MOISTURE BEHIND THE WALL.
SO WE ENDED UP HAVING TO REMOVE EVEN SOME OF THAT BACK TO RESTART THAT PROCESS.
AND, UH, THE WAY MARLIN AND TODD TOLD ME WAS THEY WANTED ME TO SEND THEM AN EXCEL DOCUMENT WITH ALL THE UNITS THAT WE SHOWED HAD BEEN DAMAGED.
SO I SENT THEM AN EXCEL DOCUMENT.
THEY WANTED TO KNOW WHAT THE SCOPE GENERALLY WAS IN EACH ONE OF THOSE UNITS, WHICH FOR THE MOST PART WAS, UM, SHEET, ROCK, ELECTRICAL, AND SOME PLUMBING.
AND THEN, UM, THEY WANTED TO KNOW WHO THE CONTRACTOR WAS ON EACH ONE OF THOSE UNITS THAT WAS GOING TO BE WORKING ON IT.
AND THEN THEY WANTED TO KNOW WHO THE INSPECTOR WAS.
AND AGAIN, YOU KNOW, CITED THE INSPECTOR AND THE INSPECTOR CAME DOWN AND WALKED WITH, UH, I DON'T BELIEVE BOTH OF THEM WERE THERE.
I THINK TODD, I CAN'T REMEMBER.
ONE OF THEM SHOWED UP AND WALKED THE INDEPENDENT INSPECTOR THROUGH, I BELIEVE TWO OR THREE UNITS TO SHOW THEM WHAT THEY WANTED THEM TO FOCUS ON.
AND WAS THIS ON A PERMIT BY PERMIT BASIS? IN OTHER WORDS, WOULD THEY, HAVE YOU MENTIONED 63 PERMITS.
SO THIS WOULD HAVE BEEN AN EXCEL SPREADSHEET WHERE YOU WERE SAYING WITH RESPECT TO THIS PERMIT, THIS IS THE SCOPE, THIS IS WHAT WE'RE DOING AND ALL THAT, ALL THAT COURSE.
AND THEN THE SECOND QUESTION I FORGIVE THE, UH, UM, THE DIVIDED QUESTION, BUT HAS THAT BEEN PROVIDED TO US THIS EVENING? IN OTHER WORDS, IT'S PART OF THE EVIDENCE THAT YOU'VE SUBMITTED.
DO YOU HAVE A RECORD OF THIS CORRESPONDENCE WHERE CITY OFFICIALS ARE ADVISING YOU TO PURSUE THIS PROCESS OF FOR, FOR PURPOSES OF, UH, CLOSING THE PERMITS AND GETTING INSPECTED? WE HAVE THAT, I DO HAVE EMAILS BACK AND FORTH, UH, WITH CONVERSATIONS THAT I HAVE WITH BOTH TODD AND MARLIN, I DO HAVE WHERE I SENT THE FORM AND I BELIEVE THEY HAD ME SEND IT TO A GENERAL INBOX AND COPY THEM.
UM, AND THEN, UH, W W WHAT THEY ASKED US TO DO IS AFTER MCCOMAS FINISHED THE INSPECTIONS TO SEND THE INSPECTIONS IN, AND THAT'S HOW THEY WERE GOING TO REALIZE THAT THAT UNIT HAD BEEN COMPLETED.
SO THERE WASN'T, THERE WERE 63 PERMITS THAT WERE ALREADY PULLED WHEN WE GOT TO THOSE UNITS, THE INSPECTIONS THAT MCCOMAS DID, WE'RE GOING TO COVER THOSE 63.
AND THEN THERE, THERE WEREN'T ANY PERMITS FOR THE REMAINING UNITS.
THEY WERE JUST GOING TO USE THE SPREADSHEET THAT I HAD CREATED WITH THE NUMBERS AND THE SCOPE AGAINST THE MCCOMAS INSPECTIONS THAT WE SENT OUT.
UM, UH, THANK YOU, MADAM CHAIR.
STILL SAID, UH, COMMISSIONER FERERA.
UM, I'VE GOT A COUPLE OF QUESTIONS.
THE FIRST ONE IS FOR A FIELD SUPERVISOR AT A MEASURE.
SO, UM, THE QUESTION IS, DID THE CITY HAVE IN PLACE AT ANY TIME AFTER THE STORM, THIS PROCESS FOR MULTIFAMILY PROJECTS COULD DO THIS ALTERNATE INSPECTION PROCESS DEVELOPMENT SERVICES DEPARTMENT DID HAVE A PROCESS.
I'M NOT TOO SURE WE'RE CLEAR ON THE PROCESS, BUT THERE WAS EMERGENCY PERMITS THAT WERE BEING BOLD, AND THAT WAS, I BELIEVE WHAT THEY WERE PULLING AND THEY WERE OBTAINED.
THERE WERE INSPECTIONS CONDUCTED, BUT AT THIS TIME, ALL THIS ALL PERMITS THAT THEY HAD PULLED HAVE EXPIRED.
THERE'S NO PERMITS THAT ARE OPEN
[01:10:01]
ON THIS PROPERTY.SO THERE'S WORK THAT WAS RECENTLY COMPLETED WITH DONE WITH EXPIRED PERMITS THAT DID NOT FALL UNDER THAT CORRECT ALTERNATE PROCESS TO ESSENTIALLY.
SO AT SOME POINT THAT THERE WAS A PROCESS, UH, POTENTIALLY THE PERMITS WERE PULLED, BUT THE WORK WAS NOT EXECUTED IN TIME.
AND THOSE PERMITS, THEY OPENED FOR A WHILE.
AND THEN, BUT THEY EXPIRED AND THIS WAS DONE NOW.
AND SO THEY WOULD HAVE NEEDED TO PULL PERMITS.
AND IF THEY WANTED THAT WAY, WHERE THEY WOULD HAVE TO GO BACK AND RE BE NEGOTIATED OR, UM, NOT TOO CLEAR, BUT I BELIEVE THEY CAN REOPEN THEM, BUT THAT'S SOMETHING THEY WOULD HAVE TO GO THROUGH THE DEVELOPMENT SERVICES DEPARTMENT TO, TO ACCOMPLISH THAT.
AND THEN, UM, I GUESS THE FOLLOW UP IS, IS TO, TO WARD.
UM, SO WAS THIS CURRENT WORK DONE UNDER EXPIRED PERMITS? UM, SO WHEN KONA ENFORCEMENT CAME OUT, AT ONE POINT, WE REALIZED THAT THE PERMITS WERE EXPIRED.
IF I CAN ADD, UH, TO THE PERMIT INFORMATION, THERE ARE CURRENTLY 20 OUTSTANDING PERMITS THAT HAVE EXPIRED ON MARCH 1ST, UM, PANEL THOSE, UH, UH, I WOULD SAY 17 OF THOSE COVER THE APARTMENT BUILDINGS THAT ARE ON THE PROPERTY.
THERE'S 10 APARTMENT BUILDINGS AND EACH 17 OF THOSE COVER VARIOUS UNITS WITHIN THOSE BUILDINGS.
THE OTHER THREE, UM, OR SPECIFICALLY FOR THE DUPLEX UNITS, THERE WAS FOUR UNITS IN THE DUPLEXES THAT WERE ALSO, AND AT THIS TIME, ALL 20 OF THOSE ARE CURRENTLY EXPIRED.
UM, I HAVE COMMISSIONER FREIBURGER WAS WAITING AND THEN COMMISSION A MUELLER.
UH, I HAVE A QUESTION FOR DIVISION MANAGER NORIEGA, AND I UNDERSTAND THIS MIGHT FALL UNDER DEVELOPMENT SERVICES DEPARTMENT.
SO YOU MIGHT NOT HAVE AN ANSWER FOR THIS, BUT I'M VERY CURIOUS ABOUT THE CERTIFICATION PROCESS FOR THE, UM, KIND OF PRIVATE INVESTIGATORS.
UH, DO YOU KNOW ANYTHING ABOUT THIS OR WHAT THE, WHAT THOSE REQUIREMENTS ARE BECAUSE WE'RE HEARING CONFLICTING STORIES ABOUT POSSIBLY THEIR DILIGENCE AND THEIR INSPECTIONS? WELL, THIS WAS A PROCESS THAT DEVELOPMENT SERVICE DEPARTMENT HAD DEVELOPED, UH, DURING, DURING THE, UH, THE FREEZE.
AND I BELIEVE THIS WAS SOMETHING THAT THEY WERE ABLE TO, UH, TO PROVIDE TO THE, TO THE OWNERS AND TO CONTRACTORS TO ALLOW FOR THIRD PARTY INSPECTIONS.
BUT I, I DON'T KNOW EXACTLY THE PROCESS OR EXACTLY WHAT THE, WHAT THE, WHAT THEY HAD TO DO.
WHAT WAS THE PROCESS FOR THAT? OKAY.
AND I GUESS JUST A BRIEF FOLLOWUP WOULD BE IF THERE WERE CONCERNS ABOUT THEIR DILIGENCE, DO YOU KNOW, IS THERE A WAY THAT THAT COULD BE BROUGHT TO DEVELOPMENT SERVICES, DEPARTMENT ATTENTION TO THEIR ATTENTION TO POWER? WELL, THEY HAD A COMMUNICATION APPARENTLY WITH THE MANAGERS WOULD DEVELOP A SERVICE DEPARTMENT.
SO THEY WOULD HAVE TO CONTACT THE, THE, THE MANAGERS TO BE ABLE TO MAYBE REOPEN THE PERMITS OR TO GET AN EXTENSION.
I, I'M NOT TOO SURE WHAT THAT PROCESS WAS.
AND WE HAVE COMMISSIONER MUELLER FIRST AND THEN COMMISSIONER THOMPSON.
I HAVE A QUESTION FOR THE PROPERTY REPRESENTATIVE, SO I'M JUST WANT TO MAKE SURE I UNDERSTAND.
SO THERE WERE SOME PERMITS, PAUL, THEN YOU, UM, YOU CREATED THE SPREADSHEET THAT HAD ALL THE PROBLEMS LISTED.
YOU PROVIDED THAT TO DEVELOPMENT SERVICES.
IT SOUNDS LIKE IN LIEU OF PERMIT.
SO THERE WEREN'T PERMITS FOR THE THINGS ON THAT SPREADSHEET.
AND THEN VERSUS IF THAT'S TRUE, DOES THAT MEAN THEN THERE WAS ALSO NO INSPECTION OF THE WORK AS, AS IT SEEMS TO BE THE CASE.
SO WE WERE NOT ISSUED ANY OTHER PERMITS OTHER THAN THE ONES THAT HAD BEEN PULLED, AND THOSE HAVE BEEN PULLED BY OTHER CONTRACTORS.
AND THEN THE CONTRACTORS THAT WERE HIRED UNDER OUR MANAGEMENT HAD TO TAKE THOSE PERMITS OVER SOME OF THOSE UNITS THAT HAD EXPIRED PERMITS HAD LESS DAMAGE THAN OTHER ONES.
SO, AND PRIORITY OF TRYING TO WORK THROUGH THE MOST HEAVILY DAMAGED UNITS.
FIRST, WE DID END UP HAVING SOME EXPIRED PERMITS THAT HAVE NOT BEEN REOPENED, BUT THERE WERE NO OTHER PERMITS AGAIN, SINCE THE SPREADSHEET, TO MY KNOWLEDGE, NO OTHER PERMITS WERE EVER OPENED.
THEY JUST SAID THAT WE COULD CONTINUE TO WORK WITH THE INSPECTOR THROUGH THE LIST.
SO THAT WAS ON THE EXCEL SPREADSHEET.
SO YOU WERE, SO THIS INSPECTOR WAS INSPECTING THE WORK THAT WAS BEING DONE.
AND THEN HOW WAS THAT BEING COMMUNICATED TO, UH, DEVELOPMENT SERVICES AND WHAT KIND OF PAPER TRAIL, LIKE WHAT KIND OF EVIDENCE DO YOU HAVE? YEAH, SO, UM, THERE IS AN INSPECTION FROM THE INSPECTOR ON ALL THE UNITS, AND THEN WE WERE TAKING THOSE AND SENDING
[01:15:01]
THEM BACK TO, UM, DEVELOPMENT SERVICES.AND THEN I THINK, I, I'M NOT SURE WHAT WAS HAPPENING AFTER THAT.
SO WE'RE SENDING THE EMAILS BACK AND I, I'M NOT GOING TO SPEAK FOR THEM CAUSE I DON'T, I DON'T KNOW WHAT THEY WERE DOING AFTER THAT.
CAUSE I MEAN, THIS PUTS US IN AN AWKWARD POSITION BECAUSE WE DON'T HAVE THE OFFICIAL DOCUMENTATION OF PARENTS BEING PULLED INSPECTIONS, BEING CONDUCTED AND, YOU KNOW, EMAILS OR WHATEVER, YOU KNOW, THAT'S NOT, WE CAN'T REALLY GO BY THAT.
SO, UM, YOU KNOW, THIS, I DON'T KNOW, THIS SEEMS LIKE A PROCESS ISSUE OR COMMUNICATION ISSUE.
I'M ALSO CURIOUS WHAT THE CODE OFFICERS THINK ABOUT THIS.
CAN I, CAN I BRING SOME CLARIFICATION? NO.
ROY DIRECTOR FOR THE AUSTIN CALL DEPARTMENT, PREVIOUS BUILDING OFFICIAL IN CHARGE OF PERMITTING AND HIS PATIENTS IN DSD BEFORE COMING TO CODE, DUE TO THE DAMAGE IN, UH, DURING THE WINTER STORM URI, THERE WAS A PROCESS IN DSD TO ACTUALLY FACILITATE REPAIRS THAT DID NOT EXEMPT THE WATER FROM PERMITTING, BUT IT ALLOW FOR WORK TO BE COMPLETED.
AND I KNOW FOR A FACT, THEY ACTUALLY ALLOW PEOPLE TO OBTAIN THIRD PARTY COMPANIES TO INSPECT THE WORK TO GET THAT DONE.
WE HAVE COMMUNICATION FROM MARLENE AND TODD AND WHAT NEEDS TO BE HAPPENING WITH THOSE PERMITS WAS THEY NEED TO BE REACTIVATED SO THEY CAN ACTUALLY DOCUMENT THE INSPECTIONS THAT WERE DONE.
AND IN MOST OF THOSE, WE BELIEVE THEY WILL ASSET THE THIRD PARTY.
THAT WAS, THAT WAS, UH, UH, GONE WELL AS I LOOKED THROUGH THE PHOTOS AND AS I DISCUSSED THIS WITH THE STAFF, UH, NONE OF THE WORDS THAT WE SEE THERE WAS EXEMPTED FROM PERMITTING, UH, YEARS.
THERE WAS A FACILITATION, YOU KNOW, GONE TO FIVE TO TWO ACCESS TO, YOU KNOW, KIND OF EXPEDITE THE, BECAUSE WE HAD A LOT OF PROPERTIES THAT HAD A LITTLE DAMAGE, UH, AND THEY ALLOW THAT TO HAPPEN.
MANY PEOPLE WERE ACTUALLY OUT TO DO REPAIRS AS AN EMERGENCY AND THEN PULL THE PERMIT, BUT THAT DID NOT EXTEND IT FROM PERMITTING, BUT IT DID ALLOW SOME PEOPLE TO ACTUALLY GET A THIRD PARTY COMPANY TO INSPECT IT BECAUSE IT WAS A LOT OF WORK TO BE DONE.
UH, AND THAT'S, I DON'T UNDERSTAND IT ON THAT ONE.
AT THIS POINT, THERE'S NO ACTIVE PERMITS OR A WAY TO DOCK IN FOR THE CITY TO DOCUMENT THOSE IN, ESPECIALLY IN THERE.
AND IN ORDER FOR US TO BE ABLE TO CLOSE THESE CASES, WE NEED TO MAKE SURE THAT SOMEBODY IS TAKING RESPONSIBILITY FOR THAT EITHER THE THIRD PARTY DSD GOES INSPECTED OR SOMEBODY CLOSE A PERMIT.
HOPE THAT CLARIFIES A LITTLE BIT OF THE CONFUSION ON THE PERMITTING.
UM, WE HAVE COMMISSIONER THOMPSON ALSO.
UH, I WAS GOING TO ASK YOU IF, UM, WHEN WAS THE LAST TIME THAT THESE EMERGENCY PERMITS WERE ALLOWED TO BE CALLED? I DON'T JULY.
IT WAS A FEW MONTHS THROUGHOUT WHATEVER THE LION GUARD ASSISTANT DIRECTOR FOR AUSTIN CODE.
UH, THEY WERE READY IN THE EVENT DURING MAY AND, UH, IT RAN THROUGH, UM, UH, I'M SORRY, IN THE EVENT DURING FEBRUARY AND THEY READ THROUGH MAY.
SO THAT'S OVER A YEAR AGO? YES.
UH, DO YOU HAVE ANY, UM, UH, PHYSICAL EVIDENCE, PAPERWORK, ANYTHING TO JUSTIFY THE CLAIMS THAT YOU'RE MAKING? I DO HAVE EMAILS AND THAT ALL, SO YOU DIDN'T BRING THOSE WITH YOU AND I DIDN'T SORRY.
I DIDN'T THINK IT WAS IMPORTANT FOR ALL US GETTING GET TOGETHER AND JUST LISTEN TO WHAT YOU ARE HOPING WE'RE GOING TO SWELL.
I DIDN'T REALIZE THAT I WAS ALLOWED TO LIKE SUBMIT EVIDENCE OR ANYTHING, SO I APOLOGIZE, BUT I WANTED TO MENTION ONE THING TO THE FIVE PROPERTIES THAT WE'RE LOOKING AT NOW.
THERE'S NEVER BEEN ANY PERMITS OBTAINED FOR THESE UNITS, SO THERE'S NO EMERGENCY PERMITS.
NOPE, NO PERMITS AT THIS TIME OR ANY ONE OF THESE UNITS.
I THINK, UM, IF I'M NOT HEARING THIS INK INCORRECTLY, THE REPRESENTATIVES ARE SAYING THAT THEY HAD LIKE A SORT OF EXCEPTION, EXCEPTION, RIGHT? LIKE A SPECIAL CIRCUMSTANCE, UM, APPROVAL TO USE YOUR OWN INSPECTOR AND YOU, AT THE TIME THOUGHT YOU HAD A GLOBAL, UM, APPROVAL TO MOVE FORWARD WITH THE REPAIRS.
IS THAT WHAT I'M HEARING? THAT IS CORRECT.
AND WE ALSO HAVE SOME QUESTIONS FROM COMMISSIONER BENIGNO.
[01:20:01]
FOR, UM, YOGA, UM, I AM ACTUALLY VERY CURIOUS ABOUT THE SPECIFICS, THE RECOMMENDED ORDER.SO WHAT WOULD HAPPEN AFTER TONIGHT? ARE YOU REQUESTING THAT ANY WORK BE UNDONE BEFORE OR, AND THEN PERMITS POLINO POLLED CRITICALLY AND THEN WORK REDONE OR COULD PERMITS BE POLLED AND COULD THE PERMIT, COULD THAT PROCESS INVOLVE LOOKING AT WHAT WE ALREADY LOOKED AT, WHICH WAS PARTIAL REPAIRS DONE, WHICH PART OF YOUR PRESENTATION WAS THAT THEY WEREN'T COMPLETE, BUT OBVIOUSLY CHEAP ROCK THAT'S THERE NOW IS BETTER THAN PLASTIC AND THINGS LIKE THAT.
SO I'M CURIOUS, AS FAR AS SPECIFICALLY THERE'S WORK NEED TO BE UNDONE.
HOW DID THE PRO HOW, HOW COULD THEY MOVE FORWARD IN THIS TIMEFRAME OR IN ANY TIMEFRAME TO, TO ACTUALLY BE COMPLIANT TO YOUR STANDARD? W FOR THE REPAIRS, THE REPAIRS THAT HAVE BEEN COMPLETED RIGHT NOW, THEY PULL A PERMIT AND IF THEY PULL PERMANENT INSPECTOR WILL GO OUT.
NOW, THE INSPECTOR WILL MAKE THAT DETERMINATION.
IF THAT THOSE WALLS NEED TO BE REMOVED OR NOT.
AND IF THEY, IF THEY REQUIRE THAT, THEN THAT'S IN THE HANDS OF DEVELOPMENT SERVICES, DEPARTMENT PERMITS ARE REQUIRED TO GET THIS COMPLETED AND TO MAKE THE ASSURE THAT THIS IS, THEY ARE INDIVIDUAL CONDITIONS, RIGHT? AND THEIR CLAIM WOULD BE THAT THE, OR IT WAS ALREADY STATED THAT THE DRA OR THE SHEET ROCK WAS TESTED AND DRY CORRECTLY AND ALL THAT.
SO I'M NOT, YOU KNOW, I'M NOT ASKING YOU TO TESTIFY TO THE ACCURACY OF THAT, BUT ASSUMING THAT WOULD BE THE CASE AND INSPECTOR COULD COME OUT WITH A PERMIT, PULLED CORRECTLY, LOOK AND SAY, THIS WORK IS EITHER CORRECT.
OR THERE'S SOME OTHER THINGS THAT NEED TO BE DONE, LIKE FILLING IN THE GROUT OF THINGS THAT YOU POINTED OUT IN YOUR PRESENTATION.
AND THEN EVERYTHING COULD BE RESOLVED OVER AND HAD TO GO BACK TO SQUARE ONE.
AND IT MAY BE ABLE TO EVEN PRESENT WHAT THEY HAVE AND THEIR THIRD PARTY INSPECTIONS TO SHOW WHAT THEY FOUND.
AND THAT'S SOMETHING THAT INSPECTOR WILL MAKE A DETERMINATION WHEN THE PERMANENTS POOL.
AND IN YOUR ESTIMATION, HOW QUICKLY COULD THIS PERMIT BE? YEAH.
WELL, YOU ALREADY SAID THAT THERE WERE NO PERMITS PULLED ORIGINALLY FOR THIS, SO THEY COULD NOT BE RE LIKE BROUGHT BACK.
SO HOW, IN YOUR ESTIMATION, WHAT WOULD THIS TIMEFRAME BE? UH, WELL, I MEAN, THEY WOULD HAVE TO GO THROUGH DEVELOPMENT SERVICES DEPARTMENT.
THEY HAVE TO DO A PLANNER VIEW AND THERE'S TIMEFRAMES THAT I CANNOT MAKE A DETERMINATION OF WHAT THE TIMEFRAMES, WHEN THEY WOULD BE ABLE TO GET A PERMIT FOR THAT PROPERTY.
THANK YOU, COMMISSIONER BENIGNO.
I HAVE, UM, COMMISSIONER SELIG AS WELL.
WE'VE HEARD SOME CONFLICTING INFORMATION ABOUT THE KIND OF TESTING THAT HAS BEEN UNDERGONE THAT WE HEARD FROM YOU, THAT YOU SPENT MILLIONS OF DOLLARS ON TESTING.
BUT THEN WE HEARD FROM ATTENDANCE REPRESENTATIVE THAT IT WAS FOR BACTERIA, NOT MOLD.
SO HOW DO WE KNOW FOR SURE THAT THERE, THE MOLD HAS BEEN REMEDIATED IF YOU DIDN'T TEST FOR THAT? SO THE TESTING THAT WAS DONE AND BY SRP AND MY, BECAUSE I WORKED WITH THEM IN THIS PROCESS IS THAT IT DOES TEST FOR SEVERAL DIFFERENT FUNGI AND OTHER.
SO THAT'S NEVER BEEN MY UNDERSTANDING OF WHAT THEY WERE TESTING FOR.
SO I, YOU KNOW, AGAIN, UNDER MY TESTIMONY ON WHAT I KNOW THEY TESTED FOR IT.
AND I HAVE, UM, COMMISSIONER FRANCIS, YOU HAD SOME QUESTIONS, SO THE BALL'S DROPPED CAUSE WE DON'T HAVE THE BACKUP.
SO WE'RE, WE'RE KIND OF JAMMED IN A CORNER.
YOU KNOW WHAT I MEAN? THERE WERE PLENTY OF TIME TO PULL THAT STUFF.
I'M SURE YOU HAVE THAT STUFF, BUT WHAT IF WE DON'T HAVE THAT, THERE JUST SEEMS TO BE THIS CONFLICT OF RIGHT.
IF YOU HAVE THAT PROVIDING, IT WOULD HAVE PROVIDED CLARITY DOES TO BE ABLE TO SAY, OKAY, WE'RE MAKING A DECISION BASED ON FACTUAL, BUT IT'S JAM THESE GUYS UP TO AS WELL.
AND MAYBE I'M JUST NOT UNDERSTANDING AS WELL IS THAT IF THE CITY HAD GRANTED SOME EXCEPTION TO ITS NORMAL PROTOCOLS, THAT SOMEHOW YOU GUYS WOULD GET LOOPED INTO THAT AS WELL.
AND I DON'T HAVE THE ANSWER TO THAT, BUT IT IS A LITTLE PERPLEXING, RIGHT? THAT A NORMAL PROTOCOL WASN'T FOLLOWED.
BUT NOW WE'RE TALKING ABOUT PULLING PERMITS AFTER THE FACT ALONG THAT LINE, THOUGH, IT ALSO SEEMS LIKE MOST OF THE REPAIRS ON THE LARGER LEVEL WERE DONE SHEET ROCK THAT WAS MISSING.
AND THERE'S SOME PUNCHOUT ITEMS, RIGHT.
AND I THINK WITH FULL ACIDITY, RIGHT? LIKE I CAN SEE THAT HAPPEN.
AND I THINK THE DROUGHT, THE DIFFICULT PART FOR US IS RIGHT.
WE'VE GOT THIS FAX HERE AND THEN WE'VE GOT SPREADSHEETS TALKED ABOUT AND THOSE SORTS OF THINGS.
SO IT'S PRETTY HARD TO TAKE ACTION ON IF YOU SAID HEARSAY THAT SAME WHEN THERE WAS PLENTY OF TIME TO PROVIDE THAT DATA TO THE COMMITTEE, THE COMMISSION, TO HAVE US REVIEW THAT OR CODE TO REVIEW THAT THE CITY HAS CREATED ITS DIFFERENT PROTOCOL.
[01:25:01]
HERE'S THE SPREADSHEET HERE IS HOW WE GOT THROUGH THAT.HERE'S ALL THE UNITS, HERE'S THE THINGS THAT NEED TO BE DONE.
WE'RE KIND OF LEFT, FLOATING IN THE BREEZE ON THAT.
UM, I DON'T BELIEVE WE HAVE ANY OTHER QUESTIONS.
WOULD SOMEBODY LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC EMOTIONALLY CLOSED THE PUBLIC HEARING? THANK YOU.
UM, IS EVERYBODY IN FAITH? I'M SORRY.
YEAH, WE'LL CLOSE THE PUBLIC HEARING ME FOR, YES.
I'D LIKE TO SAY THEM AS FELLOW COMMISSIONERS.
IT SEEMS TO ME THAT THIS IS THIS CASE IS ACTUALLY PRETTY SIMPLE.
I QUESTION IS NOT WHETHER THE THIRD PARTY INSPECTORS WERE QUALIFIED OR GRAN THE RIGHT TEST OR WHAT DATA THEY COLLECTED.
UH, ALSO A QUESTION IS NOT WHETHER, UM, UH, YOU KNOW, THE, THE, THE TENANTS, YOU KNOW, THE CONDITIONS, UNFORTUNATELY, CONDITIONS THEY LIVED UNDER FOR MANY MONTHS.
UM, A QUESTION IS WHETHER THERE'S A REGULATORY WHEREBY UH, WE CAN KIND OF CLOSE THE LOOP, UH, PER CITY REGULATIONS AS TO WHETHER MINIMUM CODE REQUIREMENTS WERE FOLLOWED ON THE INSTALLATION, WHETHER THESE REPAIRS MEET CODE AND FOR WHATEVER REASON, EITHER MISCOMMUNICATION, OVERSIGHT, OR LACK OF DUE DILIGENCE NOW PASSING JUDGMENT THERE.
UH, WE WE'VE HEARD FROM, FROM MR. WARD, UH, THAT, THAT THIS WAS NOT DONE WITH, WITH PARLIAMENTS THAT ARE CURRENT, THEY'VE BEEN CLOSED, UH, EITHER EXPIRED PERMITS OR NO PERMITS.
AND SO UNTIL THERE'S A PROCEDURAL WAY FOR THAT WORK TO BE CONFIRMED BY THE CITY.
AND SO, I MEAN, FOR THIS REASON, I'M GOING TO RECOMMEND WE ADOPT THE CITY'S RECOMMENDATION, WHICH IS, IT JUST NEEDS TO BE FIXED.
AND MY PERSONAL BELIEF IS THAT I DON'T THINK THE FIX IS GOING TO BE, YOU KNOW, DIFFICULT, BRIGHT, UH, BUT IT DOES NEED TO BE FIXED.
AND THERE'S NO WAY TO REALLY, I THINK, FOR US TO FIX IT, UNLESS THERE'S, THERE'S THE PROCESS THAT'S FOLLOWED OF, UH, THE ADDED RATIO, WHATEVER THAT IS, RIGHT.
IT'S NOT FOR ME TO DETERMINE, BUT, BUT, BUT, BUT IT WASN'T FOLLOWED, THEREFORE THERE'S NO WAY TO CONFIRM THAT, UM, CODE WAS, WAS, WAS MET.
AND UNTIL THAT HAPPENS, AND MAYBE, MAYBE YOU CAN NEGOTIATE FOR THOSE THIRD-PARTY INSPECTIONS TO BE ACCEPTED AND YOU'LL BE FINE, BUT, BUT SOMETHING NEEDS TO HAPPEN, WHICH HASN'T HAPPENED.
AND THEREFORE, I THINK THE CITY RECOMMENDATION IS, IS PRETTY, UM, OPEN, WHICH BASICALLY SAYS YOU GOTTA MAKE, YOU GOTTA FIX THIS.
I THINK, UM, COMMISSIONER IS STILL STUCK.
DID YOU HAVE A COMMENT? UH, YEAH.
I, I, I THINK I PROBABLY WANT A SECOND MOST OF, UM, WHAT, UH, WHAT THE VICE CHAIR SAID.
I, I THINK MY INTERPRETATION OF THAT, THE CASE IS SIMILAR.
I THINK WE'VE HEARD THAT OF THE FIVE UNITS INVOLVED TONIGHT THAT THERE WERE NO PERMITS, PARDOT PULLED IT ALL.
UM, I THINK THAT THAT'S, THAT'S PRETTY DISPOSITIVE.
I THINK, UM, THE, THE POINT ABOUT THE REPAIRS ON THE LARGER LEVEL HAVING BEEN DONE ON EXPIRED PERMITS, UM, I THINK THAT'S, UH, UM, YOU KNOW, THAT'S PRETTY INSTRUCTIVE AS WELL, UH, CONCERNING THE EXTENT TO WHICH WORK MAY HAVE TO BE REDONE.
UM, YOU KNOW, I, I THINK THAT THAT WILL PROBABLY ULTIMATELY OCCUR ON A CASE BY CASE BASIS, DEPENDING ON WHAT AN INSPECTOR DETERMINES.
AND, AND I THINK THAT WHERE WE'RE NECESSARY, IT'S NOT NECESSARILY WASTEFUL, YOU KNOW, IF, IF THERE'S ELECTRICAL WORK THAT WASN'T PROPERLY SIGNED OFF ON AND SOMEBODY SWAPPED THE GROUND WIRE WITH A HOT WIRE OR SOMETHING, YOU KNOW, I'D RATHER HAVE US PULL DOWN THE, PULL DOWN THE DRYWALL TODAY AND FIND OUT THEN, THEN HAVE IT BURNED DOWN LATER.
YOU KNOW? SO, SO, YOU KNOW, TO THE EXTENT THAT THAT WAS, UM, THAT WAS A CONCERN OF ANY OF OUR COMMISSIONERS, THAT IT MIGHT BE WASTEFUL TO MAKE, MAKE THESE FOLKS BACK UP.
UM, BUT FOR PURPOSES OF THE PURPOSES OF DISCUSSION, I DID WANT IT TO, JUST TO JUST HAVE HER A MOMENT OVER THE CONCEPT OF HEARSAY, WHICH IS, WHICH HAS COME UP, UM, A COUPLE OF TIMES DURING THE COURSE OF THIS HEARING.
AND I DON'T MEAN TO, UH, I DON'T REALLY WANT TO BELABOR IT, BUT I DO THINK IT'S IMPORTANT ENOUGH TO KIND OF JUST TOUCH ON BRIEFLY.
I THINK, I THINK OUR RULES, UH, PROVIDE THAT, UH, THE RULES OF EVIDENCE THAT WE APPLY WOULD BE THE SAME THAT WOULDN'T BE APPLIED IN A NON JURY, CIVIL CASE IN THE STATE OF TEXAS, UH, THAT WOULD ORDINARILY BE THE TEXAS RULES OF CIVIL PROCEDURE.
UH, BUT THERE ARE EXCEPTIONS FOR US.
WE COULD HAVE BEEN EVIDENCE THAT WOULD NOT BE ADMISSIBLE IN THAT ENVIRONMENT AS NECESSARY TO ASCERTAIN FACTS, NOT REASONABLY SUSCEPTIBLE APPROVED.
YOU KNOW, WE HAVE THESE LITTLE, LITTLE LISTS OF EXCEPTIONS THAT WE, UM, UM, THAT WE INCLUDE IN OUR RULES.
AND THIS MIGHT BE SOMETHING IF, IF MS. CURRY IS HERE TONIGHT, IF WE HEAR FROM THE CITY ATTORNEY ON, UM, BECAUSE IT'S, IT STRIKES ME THAT IT MAY
[01:30:01]
WELL BE THE CASE FOR MS. GARCIA TO COME FORWARD AND TESTIFY AS TO WHAT OTHER TENANTS HAVE SAID, AND THAT WE JUST SHOULD DISREGARD THAT ENTIRELY BECAUSE IT'S HEARSAY BECAUSE THOSE TENANTS AREN'T, UM, AREN'T, AREN'T HERE WHEN PRESENT TO TESTIFY, BUT I THINK WE HAVE A GOOSE AND GANDER SITUATION.YOU'RE A THERE'S TODD AND MARLIN WERE MENTIONED FROM DEVELOPMENT SERVICES, AND THEY'RE NOT HERE TO TESTIFY AND THEY'RE NOT HERE TO AUTHENTICATE ANY, ANY DOCUMENTS THAT THEY ALLEGEDLY PROVIDED.
UM, I'M ASSUMING WE'RE, WE'RE REFERRING TO, UH, MR. IS, UH, UH, I THINK WILCOX AND I KNOW SOME OF THE NAMES ARE THERE, BUT, UM, UH, YOU KNOW, SO, SO IF WE, I THINK EVEN BASED ON WHAT WE HAVE HEARD, WE ASSUME WE CAN ADMIT ALL OF THAT.
WE STILL HAVE, THE PROBLEM OF THE PERMITS WERE EXPIRED, THE FIVE PROPERTIES, THAT ISSUE THAT WE'RE IN THE APARTMENTS FULL.
UH, BUT I'M NOT EVEN SURE WE CAN CONSIDER THAT, UH, OTHER THAN FOR PURPOSES OF LENIENCY.
SO ANYWAY, I DON'T MEAN TO RAMBLE.
I'LL, I'LL LEAVE IT THERE, BUT, UH, I, I THINK I AGREE WITH, UM, THE VICE CHAIR AND THAT I WOULD VOTE TO, UM, ADOPT, UM, STAFF'S FINDINGS AT THIS POINT.
DO WE HAVE ANY OTHER COMMENTS? THOUGHTS, DELIBERATIONS.
OH, COMMISSIONER MUELLER IS, YEAH, I JUST WANTED TO, UM, REMIND US ALL THAT.
IT WAS MENTIONED THAT THERE'S 35 UNITS THAT STILL NEED INTERIOR WORK.
AND WE HEARD FROM THE TENANTS TESTIFYING THAT THERE'S STILL A LOT OF PROBLEMS. IT'S INCREDIBLY IMPORTANT THAT YOU PULL THESE PERMITS.
I MEAN, YOU HAVE TO DO THAT TO RESOLVE THESE CASES THAT WE HAVE IN FRONT OF US AS COMMISSIONER FOR OUR WAS SAYING, YOU KNOW, WE CAN'T GO ON KIND OF STUFF THAT, YOU KNOW, WE CAN'T PIN DOWN WHAT ACTUALLY HAPPENED, BUT YOU REALLY HAVE TO GET ON THESE OTHER ONES IMMEDIATELY, OR THOSE CASES ARE GOING TO BE ADDED AND BROUGHT BACK.
AND I DON'T THINK ANY OF US ARE GOING TO BE SYMPATHETIC TO THAT AT ALL.
I'M VERY CONCERNED THAT PEOPLE HAVE BEEN LIVING IN THESE CONDITIONS FOR SUCH A LONG TIME.
AND I, I KNOW, I, I KNOW SEVERAL OF THE SPEAKERS REPRESENTING THE PROPERTY MENTIONED THAT PEOPLE HAD THE OPPORTUNITY TO MOVE OUT, BUT WE ALL KNOW HOW INCREDIBLY HARD IT IS TO GET AN AFFORDABLE UNIT IN THIS MARKET.
THAT'S A SORT OF MEANINGLESS, YOU KNOW, THERE'S NOWHERE TO GO.
LIKE THEY COULD GO GET ON A WAIT LIST SOMEWHERE.
SO THEY'RE IN A BAD, THEY DON'T HAVE GOOD CHOICES HERE THAT, YOU KNOW, WHAT WE'RE SEEING THAT PEOPLE HAVE BEEN LIVING IN, THAT'S JUST NOT ACCEPTABLE.
AND OUR JOB IS TO TRY AND PREVENT PEOPLE FROM HAVING TO BE EXPOSED TO THINGS LIKE THAT.
SO I'M JUST REALLY WANT TO MAKE THAT POINT STRONGLY THAT THAT WORK NEEDS TO HAPPEN FAST.
UM, I GUESS WE HAVE EVERYBODY'S THOUGHTS AND WE MIGHT, UH, WOULD ANYBODY, WOULD YOU LIKE TO PUT YOUR THOUGHTS INTO EMOTION IN THE FORM OF EMOTION? AGAIN, I DON'T HAVE THE EXACT QUOTE IN FRONT OF ME THAT WE'RE SUPPOSED TO HAVE THE LANGUAGE, BUT, UH, I MAKE A MOTION.
WE ADOPT A STAFF RECOMMENDATION AND BY THAT I HAVE THE LANGUAGE HERE AND IT SAYS, UM, IF COMPLIANCE HAS NOT BEEN ACHIEVED, THERE WOULD BE A CIVIL PENALTY OF PENALTY OF $2,000 PER WEEK.
WOULD THAT BE FOR A VIOLATION PER CASE? LIKE WHAT, UM, WHAT'S THE MOTION THERE? THE, THE, OR COMMISSIONER MUELLER, THE RECOMMENDATION IS FOR $2,000 PER WEEK PER CASE.
I MEAN, I GUESS I'M ASKING COMMISSIONER FOR ERIC, HAS HE MADE THE MOTION? WHAT HIS ACTIONS AND IT WAS MY INTENT WAS TO ADOPT THE STAFF RECOMMENDATION, YOU KNOW, AS BRITAIN.
SO JUST TO CLARIFY THE, UM, THE DEFECTS OR THE ISSUES THAT THE VIOLATIONS THAT WERE CITED HAVE TO BE FIXED WITHIN 30 DAYS, AND THEN ON THE 31ST DAY, UM, IF NOT YET FIXED, THEN THE FINES WOULD START TO ACCRUE $2,000 PER WEEK PER CASE, AND WE HAVE FIVE CASES.
SO YOUR MOTION YOU WOULD HAVE TO, DO YOU WANT TO RESTATE AND INCORPORATE OR NO, I THINK YOU HAVE TO, UM, UM, OKAY.
LET ME JUST READ IT AS WRITTEN.
WE ADOPT THE STAFF RECOMMENDATION, WHICH IS, UH, THAT WE ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER TO COMPLETE THE FOLLOWING.
NUMBER ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE.
WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED THREE REQUESTS, INSPECTION, OR INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FOUR ON THE 31ST DAY, IF COMPLIANCE HAS
[01:35:01]
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 INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL THAT'S COMPLETE.WELL, I GUESS I'LL TAKE THE VOTES.
I'M GOING TO CALL THE QUESTION.
IS ANYBODY ABSTAINING OR OBJECTING? OH, OKAY.
THAT'S IT, IT PASSES, UM, MADAM CHAIR, I THINK WE NEED, UH, A VOICE VOTE FOR THE PEOPLE THAT ARE REMOTE.
COMMISSIONER HAS STILL SAID, WHAT WAS YOUR VOTE? THANK YOU.
UM, SO, UH, FOR THE REPRESENTATIVES, YOU WILL BE GETTING THE DECISION MAILED TO YOU.
AND OF COURSE, IF YOU HAPPEN TO COME BACK, WHICH I HAVE A FEELING, WE'LL SEE YOU AGAIN, UH, MAKE SURE TO SUBMIT ALL THE RELEVANT EVIDENCE AHEAD OF TIME SO THAT WE CAN ACTUALLY MAKE A BETTER DECISION FOR YOU.
AND THANK YOU FOR BEING HERE AND, UH, INFORMING US AND THANK YOU FOR ALL THE, UM, PEOPLE THAT SHOWED UP ON BEHALF OF THE TEAM.
[2. Case Number: CL 2022-081471]
THE SECOND CASE ON THE AGENDA.MS. ALLY FOR ME TO GO FORWARD NEXT ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS CASE NUMBER 20 22 0 8 1 4 7 1.
THE ADDRESS FOR THIS CASE IS 9 0 5 EAST SESAR JAVEZ STREET.
IT IS THE PINK BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE ARE A FEW FACTS ABOUT THIS CASE.
THIS CASE IS ABOUT A VACANT COMMERCIAL PROPERTY WITH THREE IDENTIFIABLE STRUCTURES.
THE CASE WAS INITIALLY OPENED IN AUGUST, 2021, AND IT'S REMAINED IN VIOLATION SINCE THAT TIME.
ALTHOUGH THE PROPERTY IS FENCED, THERE'S A HISTORY OF TRESPASSING AND OTHER CRIMINAL ACTIVITY.
THE VACANT AND NEGLECTED STRUCTURES ARE CONSIDERED A SUBSTANDARD WITH UNSAFE CONDITIONS AND REQUIRE REPAIR REQUIRED, DEMOLITION I'M SORRY, DEMOLITION, AND YOUR READERS OR GOOGLE DRIVE FOLDERS.
YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, THE VERIFIES OWNERSHIP, A STRUCTURAL MAP OF THE PROPERTY THEY'RE REQUIRED, NOTICES OF VIOLATION NOTICES, HEARING AND POSTINGS, AND A POLICE INCIDENT REPORT EXHIBIT TWO, WHICH CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS TWO EIGHT THROUGH TWO M AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INVESTIGATOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND, AND DISCUSS THE VIOLATIONS AS DEPICTED INVESTIGATOR ADAMS. THANK YOU, MELANIE.
UH, GOOD EVENING, COMMISSIONERS AND CHAIR.
UH, MY NAME IS WILLIS ADAMS. I'M THE CODE INVESTIGATOR ASSIGNED TO THIS PROPERTY AT 9 0 5 EAST CESAR CHAVEZ ON AUGUST 18TH, 2021.
I CONDUCTED AN INITIAL SITE INSPECTION AT THIS PROPERTY.
I OBSERVED A UNFENCED LOT WITH THREE STRUCTURES, TWO WOODEN, UH, ONE METAL STRUCTURE.
ALL THE STRUCTURES HAD GRAFFITI SPRAYED ON EACH STRUCTURE.
UH, THERE WAS TRASH AND DEBRIS ALSO ON THE PROPERTY.
UH, THE VIOLATIONS I NOTICED THAT THE SITE WERE, UH, THEY HAD AN ISSUE WITH DECKING.
UH, THE DECKING ON THE MIDDLE STRUCTURE, UH, THE STAIRS WERE DAMAGED.
THERE WAS NO PREMISE IDENTIFICATION, UM, WINDOWS AND WINDOW FRAMES, AS WELL AS DOORS WERE ALL DAMAGED.
I WAS FAMILIAR WITH THIS PROPERTY BECAUSE I'VE HAD A PROPERTY RIGHT ON THE CORNER OF THE SAME STREET AT, UH, 9 0 1, UH, EAST CESAR SHOVE IS, UM, SO I PASSED THIS PROPERTY ON NUMEROUS OCCASIONS.
I USED TO BE, UH, AN AUTO SALES LOT, AND CURRENTLY IT IS NOT, UH, ANY ACTIVE BUSINESS.
UH, THE BUILDINGS ARE UNOCCUPIED.
UH, THE PROPERTY I HAD THE PROPERTY FENCED, UH, EARLIER PART OF THIS YEAR, BECAUSE THERE WAS A HEAVY, UH, TRANSIT OR ACTUALLY HOMELESS PERSON ACTIVITY AT THE SITE.
THERE'S BEEN A LOT OF POLICE ACTIVITY AT THIS LOCATION, UH, RANGING FROM ASSAULT TO A DISORDERLY CONDUCT ALSO, UH, WITHIN LESS
[01:40:01]
THAN 500 FEET OF THIS PROPERTY AS THE TARA'S US BRANCH LIBRARY.THERE'S ALSO A SCHOOL THERE SANCHEZ ELEMENTARY SCHOOL, WHICH IS ON WALLER AND HOLLY STREET, WHICH IS LESS THAN A MILE FROM THE PROPERTY, AS WELL AS RESIDENTIAL PROPERTY.
THAT'S ON THE SOUTH SIDE OF THIS PROPERTY AT THIS TIME.
I LIKE TO SHOW YOU SOME OF THE PHOTOS THAT, UH, THE PIT, THE CONDITIONS OF THIS PROPERTY, THE FIRST, UH, FOUR PHOTOS, A THROUGH D ACTUALLY ARE CONTEXTUAL PHOTOGRAPHS, UH, SHOWING THE DIFFERENT ANGLES OF THIS PROPERTY.
THE FIRST ONE TO WEIGH IS ACTUALLY FROM THE SIDEWALK ON THE SOUTH SIDE, IF HE SEES A CHAVEZ, UM, IF YOU GO TO B IT'S A LITTLE BIT MORE OF AN ENHANCED PHOTO, AND YOU CAN SEE THERE'S TWO WOODEN STRUCTURES IN THE CENTER, AND THERE IS A METAL STRUCTURE ON THE, ON THIS PHOTOGRAPH THAT AS IT'S ATTACHED TO THE BUILDING BY WOODEN CANOPY, UH, NEXT, NEXT SLIDE TO SEE, UH, THAT'S AN ANGLE FROM, UH, FURTHER EAST OF THE PROPERTY ADJACENT TO THE, UH, THE NEIGHBORING BUSINESS, UH, TO D WALL.
SO TO PICK THIS THROUGH THEIR FENCE, UM, THAT'S THROUGH THEIR FENCE AT THE NEIGHBORING BUSINESS.
THE NEXT PHOTOGRAPHS WILL SHOW THE REAR OF THE PROPERTY.
THIS IS ON THE EAST SIDE OF THE BUILDING OFF THE ALLEY EXISTS THAT SEPARATES THIS BUSINESS COMMERCIAL PROPERTY FROM THE RESIDENTIAL PROPERTY.
UM, AND TH THERE, I THINK THERE'S A SIGN THERE THAT SAYS NO TRESPASSING.
PRIVATE PROPERTY, NO TRESPASSING.
AGAIN, THAT'S AN ENHANCED THE GRAPH OF ITS TIME.
YOU CAN SEE THE DAMAGE ALSO TO THE EXTERIOR WALLS OF THAT BUILDING.
UH, THIS SLIDE IS ACTUALLY BEHIND THE TWO WOODEN STRUCTURES, WHICH ARE ATTACHED AS YOU CAN SEE, THERE'S, THERE'S SIGNIFICANT DAMAGE, UH, WITH BETWEEN THOSE TWO STRUCTURES, BOARDS ARE FALLING OFF.
AND THIS IS OBVIOUSLY ON THE, UH, WEST SIDE OF THE BUILDING.
IT'S SHOWING THE CANOPY THAT'S CONNECTED FROM THE CENTER WOODEN BUILDING OVER TO THE METAL STORAGE, WHICH HAS KIND OF A STORAGE LIKE BUILDING.
YOU CAN SEE THE TRASH AND DEBRIS, THE GRAFFITI AS WELL ON THE PROPERTY.
THIS SLIDE HERE, UH, AGAIN IS, UH, THE WEST SIDE OF THAT BUILDING.
UH, IF YOU LOOK RIGHT THERE JUST ABOVE THE TWO EYE, YOU CAN SEE THAT THERE IS A HOLE THAT'S BEEN, UH, PULLED THE FENCE, HAS BEEN PULLED BACK TO ALLOW ACCESS.
I BELIEVE IT'S THE LAST SLIDE TO J SHOWS THE, UM, THE WHOLE, AGAIN, THAT'S THE METAL STRUCTURE AND THERE'S A CANOPY THAT STRETCHES BETWEEN THE TWO PROPERTIES.
AND I BELIEVE THERE MIGHT, THAT MIGHT BE THE LAST SLIDE FOR THIS.
OH, THAT'S THE FINAL SLIDE THERE ALL THE WAY TO HIM.
AND AGAIN, THAT'S SHOWING THE TRASH AND DEBRIS.
UH, THIS SLIDE IS ACTUALLY ON THE FRONT SIDE.
AND THE REASON I TOOK THAT PHOTOGRAPH IS THAT AS YOU CAN SEE THE PROPERTY THAT SAID NINE 11 IS FENCED AS WELL.
SO HOMELESS PEOPLE THROW A BLANKET OVER TO ACCESS TO GET OVER THE FENCE, TO GET ON THE PROPERTY.
THE OTHER PART THAT I WANT TO ILLUSTRATE IS THAT, UH, WITH WINTER APPROACHING, AS YOU CAN SEE, A GAS CAN IS ON THE PROPERTY.
UH, MY CONCERN IS THAT THIS COULD BE A SERIOUS FIRE HAZARD, UH, FOR THE NEIGHBORING RESIDENTIAL PROPERTY OFF THE ALLEY.
IF SOMEONE DECIDES THEY WANT TO START A FIRE TO KEEP WARM, OR EVEN IF THEY WANT TO COOK SOMETHING.
SO IT PRESENTS A SIGNIFICANT DANGER TO THE RESIDENTIAL PROPERTY, NEXT SLIDE.
AND THIS IS A DANGEROUS PLACARD TO, AND THEN SAFE PLACARD THAT I PLACED ON THE FENCING, UH, ON THE PROPERTY.
I'VE NEVER BEEN INSIDE OF ANY OF THOSE STRUCTURES.
YOU'VE NEVER BEEN GIVEN PERMISSION TO ACTUALLY ENTER THE PROPERTY.
SO MOST OF MY PHOTOGRAPHS HAVE BEEN ON THE EXTERIOR OF THAT FENCE OF PERIMETER FENCING.
UH, IN CONCLUSION, I WOULD, UH, ALSO WANT TO REMIND OF THE COMMISSIONERS THAT THIS PROPERTY PRESENTS AN EYESORE FOR THE COMMUNITY, UH, RIGHT AT SAN MARCUS AND EAST CESAR CHAVEZ IS A NEW BUSINESS, A YOGA SH A YOGA BUSINESS WHERE A YOUNG PEOPLE COME TO WORK OUT.
THEY HAVE TO PASS BY THIS PROPERTY OR PARK ON SAN MARCUS.
AS I MENTIONED, UH, THIS AREA HAS A SIGNIFICANT AMOUNT OF HOMELESS TRAFFIC, UH, WHETHER THEY'RE CAMPED OUT, UH, RIGHT AT THE CORNER OF CESAR CHAVEZ AND THE INTERSTATE, OR WHETHER THEY'RE CAMPED OUT BY THE LIBRARY.
SO, UH, IT PRESENTS A DANGER TO THE COMMUNITY.
UH, THAT CONCLUDES MY PRESENTATION.
[01:45:02]
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKS 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 M STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING ONE REQUIRE THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY, PERMITS THE DEMOLISH, ALL PORTIONS OF THE COMMERCIAL STRUCTURES AND REMOVE AS DEBRIS LEAVING THE LOT, CLEAN AND RATE, SEE REQUEST INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE AND TWO ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH BE THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
ELAINE, FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN OR RECORDED WITH THE TRAVIS COUNTY DEED RECORDS AND FOR SHELL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
UM, I WILL ADMIT STAFF'S EXHIBIT ONE AND, UM, PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M.
UM, AND THANK YOU, INVESTIGATOR ADAMS. I BELIEVE WE HAVE A REPRESENTATIVE FOR THE OWNERS MS. RYAN.
OH, THIS IS THE NEXT, OH, OKAY.
IS THERE ANYBODY HERE FOR THIS PARTICULAR PROPERTY REPRESENTING THE OWNERS OR IS THERE ANYBODY THAT CALLED THAT'S MY, YES.
I'M HERE REPRESENTING THE OWNERS AND I'M, UH, CALLING IN.
UM, IT'S NOT BEEN SWORN IN YET.
HAVE YOU? UM, I GUESS NOW I STOOD UP, UM, I GUESS WHEN, WHEN YOU WERE DOING IT EARLIER, BUT OH, YOU WERE HERE.
THEN YOU'VE BEEN SWORN IN, YOU MAY PROCEED WITH YOUR, UH, WITH YOUR PRESENTATION.
UH, YEAH, I'LL KEEP THIS SHORT, UH, GOOD EVENING.
MY NAME'S JOHN DATA AND I'M A DIRECTOR OF INVESTMENT.
IT'S STOIC CAPITAL PARTNERS, UH, REPRESENTING THE OWNER.
UM, AND WE SIMPLY WANT TO SAY WE, AS THE OWNER ARE IN COMPLETE AGREEMENT AND I'VE BEEN WORKING ON OBTAINING A DEMOLITION PERMIT FROM THE CITY OF AUSTIN SINCE JANUARY.
UM, WE ARE CURRENTLY WORKING WITH TISHA RITA, UM, WITH PERMIT PARTNERS, WHO'S SERVING AS OUR, UH, PERMIT EXPEDITER AND IN OUR LATEST AND HOPEFULLY FINAL ROUND OF SUBMITTING DOCUMENTS TO THE CITY TO OBTAIN THAT DEMOLITION PERMIT, UM, WAS SUBMITTED JUNE 14TH.
UM, OUR DEMOLITION PERMIT NUMBERS 2022 DASH 0 6 6 1 9 5.
UM, AND, AND UPON SUCCESSFULLY OBTAINING A, UH, A DEMOLITION PERMIT, UH, WE, WE ARE ALREADY CONTRACTED WITH KRS CONSTRUCTION GROUP TO COMPLETE THAT, UH, DEMOLITION WORK.
WELL, I APPRECIATE YOU, UM, GIVEN US AN UPDATE ON THAT, AND I'M GLAD THAT YOU YOU'RE PRETTY MUCH DOING THE SAME THING THAT THE, UH, THE STAFF HAS REQUESTED, UM, COMMISSIONERS COMING UP.
SO WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING.
I'D LIKE TO ASK A QUESTION, A REPRESENTATIVE.
UH, IS THE REPRESENTATIVE STILL AVAILABLE FOR QUESTIONS? YES, SIR.
UH, HAS YOUR PERMIT EXPEDITER GIVEN YOU A TIMEFRAME TO EXPECT, UH, FOR THIS LATEST ROUND? YOU SAID YOU'LL GET IT AFTER THIS ROUND, BUT I MEAN, SHE THINKS I'M SORRY.
UH, SHE THINKS THAT WE'LL GET, WE SHOULD BE ABLE TO GET IT SUCCESSFULLY AFTER THIS WAY, THIS ROUND,
[01:50:01]
UH, WITHIN THREE TO FIVE WEEKS.ANY OTHER, UH, CAN I, CAN I RESPOND TO THE INFORMATION PROVIDED BY THE REPRESENTATIVE OF THE PROPERTY? UH, THERE ACTUALLY WAS A SIDE PLAN EXEMPTION THAT WAS, UH, APPLIED FOR, UM, AS EARLY AS MAY OF THIS YEAR, UH, THAT, THAT, UH, SITE PLAN WAS REJECTED, UH, JUNE 7TH.
UM, IT WAS REJECTED FOR VARIOUS REASONS.
UM, OBVIOUSLY, UM, FOR SITE PLAN THAT THE SCOPE OF THE, OR THE OUTLINE OF THE PROPOSED DEMOLITION AREA WAS NOT PROVIDED TO DEVELOPMENTAL SERVICES, UM, AS WELL AS, UH, FOR PLUMBING THAT, UH, THEY NEED TO INDICATE, UM, SEWER TAPS, UH, WATER UTILITIES, UH, AUSTIN WATER ACTUALLY REQUESTED, UH, WASTEWATER CLEAN-OUTS, UH, AUSTIN ENERGY REQUESTED, UM, THE SERVICE, UH, OF DISCONNECTION OF ELECTRICAL SERVICES IF THEY EXISTED.
SO THAT PLAN, THE ONE, HE MENTIONED 22 OR 20 22 0 6 6 1 9 5.
UH, THE REJECTION WAS, WAS SENT OUT ON SIX, UH, 7 22 OF THIS YEAR.
SO, UH, I HAVE NO INFORMATION THAT THEY HAVE REAPPLIED IN THE LAST, UH, UM, I GUESS, UH, SIX, UH, 16 DAYS OR 15 DAYS.
UH, THE ONLY INFORMATION I HAVE IS THE INFORMATION THAT I PROVIDED YOU, WHICH I PULLED OFF OF OUR, OUR AMANDA PERMITTING SITE, UH, THIS AFTERNOON.
THANK YOU, INVESTIGATOR ADAMS. UM, WELL, I'LL GIVE THE OWNER'S REPRESENTATIVE A CHANCE TO A CHANCE AT A REBUTTAL OR GIVE US ADDITIONAL INFORMATION ON WHETHER THE PARTICULAR PURPOSE THAT YOU'RE TALKING ABOUT WAS RECENTLY ISSUED, OR WERE YOU NOT AWARE THAT IT WAS REJECTED? WE WERE AWARE THAT IT WAS REJECTED AND OUR PERMIT EXPEDITER RESUBMITTED.
I WAS TOLD THIS MORNING ON JUNE 14TH WHEN WE SHOULD EXPECT A THREE TO FIVE WEEK TURNAROUND.
AND SHE CLAIMS THAT WE ADDRESSED ALL OF THE COMMENTS.
I MOVED TO CLOSE THE PUBLIC HEARING.
IS EVERYBODY FINE WITH CLOSING THE PUBLIC HEARING? THANK YOU.
I MOVE THAT WE ADOPT STAFF'S RECOMMENDED ORDER, WHICH IS TO DEMOLISH THE PROPERTY WITHIN 45 DAYS.
AND IF ON THE 46 DAY COMPLIANCE HAS NOT BEEN ACHIEVED, THEN, UM, BASICALLY THE CITY WILL BEGIN THEIR PROCEEDINGS TOWARDS DEMOLITION, BUT AS WE ALL KNOW, THAT IS A VERY SLOW PROCESS.
AND, UH, ANYWAY, THAT'S MY MOTION SECOND.
IT WOULD SEEM LIKE THEY SHOULD BE OVER THE KID BEHIND THAT.
THE PROPERTY OWNER HAS A HEADSTART.
SO WE HAVE A MOTION BY COMMISSIONER FRYBERGER, UM, AT DOVETON THE RECOMMENDATION, UH, RECOMMENDATIONS OF STAFF.
AND WE ALSO HAVE A SECOND BY COMMISSIONER FRANCIS.
UH, ALL RIGHT, WE'LL GO AHEAD.
AND IF WE DON'T HAVE ANYTHING ELSE, WE'LL GO AHEAD AND JUST CALL, CALL TILL VOTE.
IS, UM, COMMISSION HAS STILL SAID, ARE YOU IN FAVOR OF THAT MOTION? ALL OTHER, UH, COMMISSIONERS IN FAVOR OF THAT MOTION, PLEASE SAY, AYE, THANK YOU.
UM, WELL THE MOTION PASSES AND WE WILL, UM, YOU WILL BE GETTING A COPY OF THIS ORDER IN THE MAIL.
UM, AND OF COURSE I BELIEVE THAT YOUR PLANS WOULD ALSO BE IN TIME SO THAT THE FINES WOULDN'T APPLY ANYWAY.
THERE WEREN'T ANY FINES ATTACHED TO THAT? OH, I'M SORRY.
IT WAS GOING TO BE THE COST OF THE DEMOLITION.
SO YEAH, THAT WE'LL BE ABLE TO AVOID THAT.
ALL RIGHT, WE'LL MOVE ON TO THE NEXT, UM, AGENDA ITEM,
[3. Case Number: CL 2022-081475]
AGENDA, ITEM NUMBER THREE, ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBERS CL 20 22 0 8 1 4 7 5.AND IT'S REGARDING THE PROPERTY LOCATED AT 5 0 5 EAST SIXTH STREET.
STAFF EXHIBITS CAN BE FOUND IN THE BROWN BOOK IN THE GOOGLE DRIVE FOLDER OR YOUR READERS.
HERE'S SOME FACTS ABOUT THE CASE.
[01:55:01]
OPENED IN JUNE, 2021 AS A RESULT OF A COMPLAINT.THIS IS ABOUT A VACANT COMMERCIAL STRUCTURE.
PRIOR TO YESTERDAY, THERE HAS BEEN NO CONTACT WITH THE OWNER, NOR HAVE ANY REPAIRS BEEN MADE TO DATE.
THIS STRUCTURE IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS REQUIRED REQUIRING REPAIR IN THE GOOGLE DRIVE FOLDER OR YOUR READERS.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT'S CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION 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.
ONCE AGAIN, AUSTIN CODE INVESTIGATOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED INVESTIGATOR ADAMS. THANK YOU, MELODY.
UH, ONCE AGAIN, UH, GOOD EVENING COMMISSIONERS AND CHAIR.
UM, MY NAME IS WILLIS ADAMS CALLED THE INVESTIGATOR ASSIGNED TO THIS PROPERTY.
UH, THIS PROPERTY WAS CALLED INTO 3 1 1 ON MAY 31ST, 2021 ON JUNE 2ND, I CONDUCTED MY INITIAL SITE INSPECTION.
UH, IT WAS KNOWN AT THIS TIME AS THE $30 BAR.
UH, IT IS ACTUALLY ABOUT, UH, MAYBE 25 TO 30 FEET FROM TRINITY AND EAST SIXTH STREET.
UH, IT'S ON THE SOUTH SIDE OF, UH, EAST SIXTH STREET, UH, IN FRONT OF THE STRUCTURE I OBSERVED, UH, WINDOWS THAT WERE BROKEN, BUT FOR THAT, THEY ALSO HAD SECURITY BARS.
SO ACCESS TO THOSE WINDOWS, WEREN'T POSSIBLE.
UH, THE MAIN, UH, ISSUE THAT, UH, I FELT I WOULD, I SEND THAT NOTICE OF VIOLATION FOR WHERE THE EXTERIOR WALLS, UH, THE DAMAGE WINDOW AND THE OVERHANGING CANOPY, UH, AS WELL AS PROTRACT, UH, PROTECTIVE TREATMENTS.
UH, THE, I PLACED AN UNSAFE PLACARD ON THAT STRUCTURE AS WELL, BECAUSE I WAS CONCERNED ABOUT THE CANOPY, WHICH WAS BEING HELD UP, UH, BY CHAIN.
UM, YOU CAN SEE THROUGH THE CANOPY AT CERTAIN SPOTS, CERTAIN BOARDS ARE MISSING, AND I WAS CONCERNED THAT SUPPORTS THAT, UH, SUPPORTS MAY BE COMPROMISED.
UM, THERE ARE PHOTOGRAPHS I HAVE FOR THIS PARTICULAR, UH, PROPERTY I'D LIKE TO SHOW THEM AT THIS TIME.
UH, FOR THE GRAPH TO A, THAT'S A CONTEXTUAL PICTURE OF THE FRONT OF THE PROPERTY.
THERE IS 5 0 5, AS YOU CAN SEE, THERE'S A DOORS OR A DOOR WINDOWS WITH, UH, UM, BARS IN FRONT OF THEM.
UH, NEXT SLIDE, PLEASE, AGAIN, AND THIS IS SHOWING ACTUALLY THE CANOPY, AS YOU CAN SEE, THERE ARE BOARDS MISSING, UH, UNDER THAT CANOPY, YOU CAN SEE, UH, PART OF THE CHAIN HOLDING THAT CANOPY UP.
IT ALSO IS STRUCTURALLY CONNECTED TO THE BUILDING, UH, TO SEE, PLEASE, UH, THIS IS A PICTURE LOOKING, UH, EAST ON, UH, THAT SIDE OF THE STREET.
UH, AGAIN, YOU CAN SEE A SEPARATION OF BOARDS, UH, NEXT LIGHT.
UH, THIS IS THE, THE EAST END OF THE BUILDING.
AND YOU CAN SEE, YOU CAN SEE RIGHT THROUGH THE, THROUGH THE, UH, SURFACE BOARDS AND SEE THE SKY RIGHT THROUGH.
I'M ALSO CONCERNED ABOUT, UH, WIRES ALSO HANGING FROM THIS CANOPY AS WELL.
AND THIS IS FROM THE, UH, EAST END LOOKING WEST 26TH STREET.
AND AGAIN, YOU CAN SEE THE, UH, THE OPENINGS IN THE BOARDS THAT ARE MISSING ON THAT CANOPY.
UH, THIS IS A FRONT OF THAT CANOPY, AS YOU CAN SEE, UH, THERE'S SOME SURFACE DAMAGE TO THE STRUCTURE.
UM, JUST A PIECE OF A COUPLE OF PIECES OF PLYWOOD.
MAYBE THE PAPER'S BEEN PULLED OFF.
YOU CAN DEFINITELY SEE THE DAMAGE TO THE CANOPY AGAIN, THERE'S, THERE'S LIKE THAT'S FIVE CHANCE, PROBABLY LIKE 7, 7, 8 CHAINS THAT ARE HOLDING THAT CANOPY UP.
UM, BUT I AM CONCERNED ABOUT ITS SAFETY.
NEXT SLIDE AGAIN, THAT'S FRONT OF THE PROPERTY, AGAIN, THAT ONE WINDOWS BOARDED UP AGAIN.
YOU SEE THE EXPOSED, UH, UM, BEING THERE, UH, SLIDING THE WOOD SIDING HAS BEEN PULLED OFF EITHER THE DETERIORATED, WHICH FELL OFF NEXT SLIDE.
UH, THIS IS JUST A BOTTOM BOARD, UH, APPEAR, UH, LOOKS LIKE IT MIGHT'VE BEEN A DOOR AT ONE TIME.
[02:00:01]
AGAIN, THERE IS A HOMELESS PRESENCE IN THAT AREA AND IT'S RIGHT AT TRINITY AND THE SIXTH STREET.UH, SO THEY'RE NOT, IT'S NOT A FAR, A FAR WALK FROM THE ARCH, WHICH IS OVERALL, OF COURSE, THE TRINITY AND SEVEN.
THEY MIGHT'VE BEEN TRYING TO PULL THAT OFF NEXT SLIDE.
UH, THAT'S THE PLACARD I PLACED ON THERE AS WELL AS THE NOTICE OF VIOLATION, UH, FOR UNSAFE CONDITION, UH, NEXT SLIDE.
AND THERE'S A, THAT DOOR HAS BEEN PUSHED IN A LITTLE BIT.
UH, OBVIOUSLY SOMEBODY WAS TRYING TO ENTER THE PROPERTY.
UM, THERE IS ELECTRICITY UTILITIES AT THIS PARTICULAR LOCATION.
UH, HASN'T BEEN OCCUPIED FOR QUITE A WHILE.
AND THAT'S THE END OF THE PHOTOS IN CONCLUSION.
I WANT TO MENTION THAT, UH, MY ONLY CONCERN WITH THIS PROPERTY AGAIN IS THE SAFETY OF SINCE IT'S EAST SIXTH STREET BEING A VERY POPULAR AREA FOR TOURISTS, THAT THEY HAVE TO WALK BY THIS PARTICULAR PROPERTY ON A DAILY BASIS.
UH, I HAVEN'T HAD CONTACT WITH THE OWNERS.
I DID RECENTLY HAVE CONTACT WITH ONE OF THE OWNERS REPRESENTATIVES, CAITLIN RYAN'S HERE TONIGHT.
UH, WE HAD A VERY PRODUCTIVE AND POSITIVE, UH, DISCUSSION.
UM, SHE HAS INDICATED TO ME AND HER IN OUR DISCUSSION THAT THEY ARE DEFINITELY GOING TO, UH, HIRE A CONTRACTOR TO GET THE WORK DONE, TO REPAIR THE CANOPY, AS WELL AS ANY OTHER ISSUES WITH THE, WITH THE BUILDING.
UH, THAT CONCLUDES MY PRESENTATION.
UM, WHAT KINDS 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 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, A 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 SIDED VIOLATIONS TO THE COMMERCIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED FOR THREE REQUESTS INSPECTION FROM AUSTIN CODE 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 OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHELLA CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
UM, WE DO HAVE MS. RYAN HERE REPRESENTING THE OWNERS.
HELLO? UM, COULD YOU PLEASE? YEAH, YOU CAN TAKE A SEAT, UM, RIGHT THERE.
I'LL DEFINITELY ADMIT STAFF'S EXHIBIT ONE AND PHOTOGRAPHS MARKED EXHIBITS TWO A THROUGH TWO J THANK YOU FOR REMINDING ME AND, UH, MS. RYAN, UM, DID YOU MISS THE BEGINNING PART WHERE WE SORTED EVERYBODY IN? OKAY.
UM, SO COULD YOU PLEASE RAISE YOUR RIGHT HAND, UM, DO YOU AFFIRM THAT THE TESTIMONY THAT YOU'LL BE GIVEN HERE TONIGHT WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES, I THANK YOU.
UM, FIRST AND FOREMOST, I'D LIKE TO APOLOGIZE TO AT SPORT, WE ARE, THIS IS MY FIRST NOTIFICATION OF THIS VIOLATION WAS YESTERDAY.
I DON'T KNOW HOW WE MISSED IT, AND I WANT TO APOLOGIZE FROM ART ORGANIZATION.
UH, MY NAME IS CAITLIN RYAN I'M WITH STREAM REALTY.
I'M A SENIOR VICE PRESIDENT OF OUR SIXTH STREET DEVELOPMENT.
AND SO AS SOON AS I FOUND OUT ABOUT THIS, WE'VE SENT OUR CONTRACTOR OUT THERE.
FIRST THING THIS MORNING, HE HAS PREPARED A BID, WHICH I'M HAPPY TO, UM, GIVE TO THIS COMMISSION TO ADDRESS EVERYTHING THAT WAS NEGLIGENT AND EVERYTHING THAT, UH, UH, CODE OFFICER, UH, WILLIS ADAMS HAS ADDRESSED.
AND SO HE SAID, THEY SAID THEY CAN BEGIN THE WORK ON SUNDAY AND HOPEFULLY HAVE IT DONE WITHIN SEVEN DAYS.
AND SO WE COMPLETELY AGREE IF IT'S A SAFETY FACTOR, THAT'S OUR UTMOST CONCERN TO ADDRESS THIS IMMEDIATELY.
AND SO WE ARE IN COMPLETE AGREEMENT WITH EVERYTHING THAT HAS JUST BEEN STATED BY THE SPORT.
UM, WE APPRECIATE YOU COMING ON SUCH SHORT NOTICE AND, UM, I GUESS, COMMISSIONERS, DO YOU HAVE QUESTIONS FOR MS. RYAN OR I HAVE A QUESTION.
I CAN'T REMEMBER IF IT WAS ON EAST SIXTH OR SOMEWHERE ELSE, WHERE THERE WAS A CANOPY ISSUED.
[02:05:01]
WE ASKED THAT, YOU KNOW, WITHIN A VERY SHORT PERIOD OF TIME, SOMETHING BE DONE JUST TO MAKE SURE IT DIDN'T FALL DOWN.JUST DOES THAT, TO ME IS KIND OF THE BIGGEST IMMEDIATE SAFETY CONCERN.
SO I'M JUST WONDERING IF THAT COULD BE SOMETHING THAT YOU ALL COULD TAKE CARE OF AND, YOU KNOW, VERY QUICKLY, YOU KNOW, WHILE YOU'RE MOVING FORWARD ON GETTING THE PERMITS AND DOING THE OTHER THINGS.
SO WE HAVE TALKED TO OUR CONTRACTOR, HE ACTUALLY DOESN'T BELIEVE HE THINKS HE CAN SECURE IT WITHOUT THE OBTAINING OF A PERMIT BECAUSE IT'S MAINLY SURFACE LEVEL, HOWEVER, ABSOLUTELY WITH, UH, OFFICER WILLIS ADAMS, IF WE COULD WE'LL WORK OUT SOMETHING THAT WE CAN HAVE HIM DOWN THERE.
AND SO WE WANT TO ADDRESS THIS BEGINNING ON SUNDAY TO ENSURE THAT NOTHING'S GOING TO HAPPEN.
OBVIOUSLY IT'S IS A HIGH TRAFFIC AREA.
IT'S A HUGE UTMOST SAFETY CONCERN FOR US AS WELL TO ENSURE THAT ALL THE PATRONS, OBVIOUSLY SIXTH STREET, AS WE KNOW, THIS AREA IS VERY HIGHLY TRAFFICKED DURING THURSDAY THROUGH SATURDAY NIGHTS.
UM, SO WE HAVE OUR TEAM THERE'S, WE, WE COULDN'T GET DOWN THERE IMMEDIATELY BECAUSE OBVIOUSLY TODAY BEING, UM, ONE OF THOSE NIGHTS THAT KICKS OFF THE SIXTH STREET BAR PATRON, UH, ACTIVITY, WE WANT TO MAKE SURE WE DO IT SAFELY AND CONSISTENTLY.
SO THEY'RE GOING TO GET THERE SUNDAY MORNING AND START THEIR WORK IMMEDIATELY.
ANY OTHER THOUGHTS, COMMENTS, OR WOULD ANYBODY LIKE TO CLOSE THE PUBLIC PART OF THE HEARING? YES, I'D LIKE TO MOVE, WE CLOSE THE PUBLIC HEARING.
DO WE HAVE A SECOND? I SAID IT WAS COMMISSIONER THOMPSON.
WE'LL CLOSE THE PUBLIC HEARING IF EVERYBODY'S IN AGREEMENT TO CLOSE IT.
UM, ANY OTHER COMMENTS ABOUT WHAT WE'RE HERE FOR TONIGHT? PSAPS, UH, RECOMMEND I'LL MAKE A MOTION IF NOBODY OBJECTS.
UM, I'D LIKE TO MOVE THAT WE ADOPT STAFF'S RECOMMENDATION AND ALSO ASK THE PROPERTY OWNER THAT THEY, UM, YOU KNOW, WITHIN A WEEK SECURE THAT CANOPY SO THAT THERE'S NO ISSUE WITH THAT ALSO.
WE HAVE A MOTION TO ADOPT THE RECOMMENDATIONS BY COMMISSIONER MUELLER, AND THEN WE HAVE A SECOND COMMISSIONER SELIG, UM, ANY FURTHER DISCUSSIONS.
WELL, I THINK THAT THE COMMISSIONER SAID LIKE A MODIFIED THE ORDER, THE RECOMMENDED ORDER.
SO YOU'LL HAVE TO STATE IT BECAUSE YOU ASKED FOR TEMPORARY.
UM, UH, THE STAFF ORDER AND ALSO ADD A FIFTH ITEM REQUESTING THAT THE CANOPY BE SECURED WITHIN A WEEK.
DOES THAT WORK? I'M ATTORNEY CURRY.
UH, UM, SO, UH, WE NEED TO MAKE SURE THAT WE'RE ADOPTING, STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW.
UM, THERE'S A, LIKE A DOCUMENT IN YOUR READERS THAT HAVE THE SAMPLE MOTIONS, SO, UM, I'LL HAVE YOU RESTATE IT TO INCLUDE THAT, BUT THEN, UM, SO, SO YOU'RE REQUESTING THAT THE CANOPY BE SECURED WITHIN A WEEK? YES.
UM, SO THAT, THAT IS, UM, THAT IS DEFINITELY SOMETHING YOU'RE ABLE TO DO.
I WILL JUST POINT OUT THAT THE FINES WILL NOT BEGIN ACCRUING UNTIL, UM, THE ORDER IS ACTUALLY RECEIVED BECAUSE I BELIEVE STAFF HAS 10 DAYS TO MAIL THE ORDER, UM, FROM TONIGHT.
UM, I DON'T REMEMBER IN THE PREVIOUS CASE WHERE THERE WAS A CANOPY, IF WE OFFICIALLY ADDED THAT TO THE ORDER OR NOT.
SO I, I CAN READ THE ORDER AND MAYBE THIS BECOMES ITEM ONE ON THE ORDER, AND THEN THE OTHER THINGS ARE THEY'RE THE SAME AS THEY WERE.
SO, UM, JUST, JUST WHEN THE PREVIOUS PROPERTY IN QUESTION, INITIALLY, IF I RECALL IT DIDN'T ACTUALLY FIX THE CANOPY, THEY JUST BENT IT SO YOU CAN WALK UNDER IT.
THEY DIDN'T ACTUALLY REPAIR IT.
WE DID EVENTUALLY, BUT NOT THAT THEY DID EVENTUALLY, BUT THE IMMEDIATE, WHAT THEY DID IMMEDIATELY WAS JUST FENCE IT SO THAT YOU, YOU WEREN'T AT RISK.
AND THEN I THINK THE COLUMNS AND STUFF CAME AFTER THE ENGINEERS HAD ASSESSED IT AND DETERMINED WHAT NEEDED TO HAPPEN.
I DON'T KNOW SPECIFICALLY WHAT TO SAY TO DO.
I THINK THIS WOULD HELP, UM, INVESTIGATOR ADAMS, WE ACTUALLY THOUGHT IT WAS A SPORTSMAN'S BAR AND IT WAS, HAD ALL THE PAYMENTS AND STUFF IT'S ON EAST SIXTH STREET.
IT'S, I'M NOT SURE IF IT WAS 1200
[02:10:01]
OR 15.UH, WHEN WE ASKED IN THAT REPORT WAS FOR AN ENGINEER'S REPORT TO VERIFY THAT THE STRUCTURES THEY HAD PUT IN WHEN THEY PUT IN THESE FIVE GALLON PAILS AND SUBMITTED THEM TO WAS STRONGLY ENOUGH TO SECURE THAT CANOPY, UH, ON THAT STREET.
UH, THIS CANOPY IS NOT, UH, I DON'T BELIEVE IT'S TO THE EXTENT OF THE SERIOUSNESS THAT THAT CANOPY IS AT THE SPORTSMAN'S BAR.
UH, THERE ARE, REALLY ARE SUPPORTS THERE, UH, IS IF YOU LOOKED IN THE PHOTOGRAPH, THERE WERE FIVE CHAIN LINKS THAT WERE CONNECTED TO THE STRUCTURE AND, AND CONNECTED TO THE CANOPY.
IF THEY ADDED MAYBE A COUPLE OF MORE OF THOSE, WHICH THEY DON'T HAVE TO HAVE TO GET A PERMIT TO DO THAT, I DON'T BELIEVE SO THAT THAT WOULD PROBABLY PROVIDE ADEQUATE SUPPORT THAT THE CANOPY WOULD NOT, UH, COLLAPSE THAT VACCINE HANG UP ON IT, PULL IT DOWN FOR THAT TO HAPPEN.
I, I JUST IT'S, UH, UH, I'M FIVE, SEVEN.
I COULD GET THEM STAND ON A CHAIR AND I COULDN'T DO THAT.
SO I DON'T THINK THAT'S GOING TO HAPPEN, BUT, OKAY.
SO IN YOUR OPINION, THERE'S NO IMMEDIATE THREAT OF THAT PARTICULAR STRUCTURE.
I THINK THAT, YOU KNOW, WITH THE, THE FACT THAT WE HAVE IN THIS EXTREME DRY HEAT, UH, YOU KNOW, I THINK THAT IF WE HAD HAD A NUMBER OF, UH, RAINSTORMS OR THUNDERSTORMS IN OUR SPRING THAT MAYBE IT WOULD HAVE WEAKENED THE STRUCTURE, I DON'T THINK IT'S IN THAT CONDITION, BUT I'M NOT AN ENGINEER.
SO I WILL HAVE THE, YOU KNOW, THE, SAY ALL THE EXPERTISE TO MAKE THAT DETERMINATION.
SO THAT WOULD BE SOMETHING THAT MAYBE, UH, MS. RYAN, IF SHE HAS A STAFF ENGINEER COULD MAKE THAT ASSESSMENT AND THEN THEY COULD DETERMINE HOW MUCH SUPPORT THE NEEDS.
UM, SO IN LIGHT OF ALL THAT INFORMATION, WOULD YOU LIKE TO, UH, RESTATE YOUR MOTION EITHER TO LIVE IT AS IS AS RECOMMENDED BY STAFF OR WITH A MODIFICATION? I DO HAVE A COPY OF THE ORDER ALSO THAT FROM THE PREVIOUS CASE, IF YOU'D LIKE TO HEAR IT.
UM, IT JUST THE ORDER, THE FIRST ORDER WAS JUST FOR THE CANOPY BY ITSELF, WE HAD TWO SEPARATE ORDERS IN THAT CASE.
SO THE FIRST ORDER WAS, UH, NUMBER ONE, THE COMMISSION ORDERS THAT THE FINDINGS OF FACT AND CONCLUSIONS BLOBBY ADOPTED THE COMMISSION ORDERS THAT THE OWNER OF RECORD SECURE THE BUILDINGS CANOPY WHEREBY PEDESTRIANS CAN SAFELY WALK BENEATH IT WITHIN 14 DAYS FROM MAY 26TH, 2021, WHICH WAS THE DATE OF THE HEARING.
UM, THE COMMISSION ORDERS ON THE 15TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A CIVIL PENALTY OF $1,000 WOULD BEGIN TO ACCRUE AND WOULD CONTINUE TO INCREASE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THE ORDER ARE COMPLETE THAT'S.
AND THEN THE COMMISSION CONTINUES THE HEARING REGARDING THIS AND OTHER SIDE OF VIOLATIONS UNTIL OCTOBER 27TH, 2021 COMMISSION MEETINGS.
THAT SEEMS LIKE A VERY DIFFERENT SCENARIO IN MY OPINION, BUT I WILL LET COMMISSIONER MILA THEATER, UH, I GUESS, BASED ON WHAT YOU'RE SAYING, THAT YOU DON'T SEE THIS AS, AS DANGEROUS AS THAT PREVIOUS ONE I'M I'M OKAY WITH JUST GOING WITH THE STAFF RECOMMENDATION.
UM, SO WE HAVE TO RESTATE THE MOTION I'M OH, SORRY.
I MOVED TO ADOPT THE STAFF RECOMMENDED ORDER.
WE STILL NEED THE, UH, STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW.
IN, IN YOUR READER, UM, STAFF HAS INCLUDED A DOCUMENT.
IT HAS SOME HIGHLIGHTING, AND I THINK WE NEED TO START USING THE WORD DEMO FIT SHEET LANGUAGE.
I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW.
AND TO ORDER ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL STRUCTURE WITHIN 45 DAYS OF THE DATE, THE ORDER IS MAILED THREE REQUEST INSPECTIONS FROM THE AUSTIN CODE TO VERIFY AUSTIN CODE, TO VERIFY COMPLIANCE AND FOUR ON THE 46 DAY.
AND COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESSED A CIVIL PENALTY OF $1,000 PER WEEK THAT CAN 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 SECOND THAT THANK YOU.
AND WE HAVE A MOTION ON THE FLOOR AND A SECOND.
SO I WILL TAKE, I'LL CALL THE VOTE ON THIS.
[02:15:01]
OTHER MOTIONS.ALL RIGHT, WE'LL GO AHEAD AND, UM, TAKE THE VOTE ALL IN FAVOR, PLEASE SAY, AYE.
AND COMMISSIONER STILL SAID NO, THANK YOU.
SO IS THERE ANYBODY ABSTAINING ON THIS ISSUE ON THIS CASE? ANY OPPOSE NON, OKAY.
SO THE MOTION PASSES, UH, MS. RYAN, YOU'LL BE GETTING THE ORDER IN THE MAIL AND OF COURSE YOU'RE ALREADY ON TOP OF IT.
SO I EXPECT THAT YOU'LL HAVE EVERYTHING COMPLETED.
[4. Case Number: CL 2022-081468]
FOUR ON THE AGENDA IS CASE NUMBER SEAL 20 22 0 8 1 1 4 6 8 0 8 1 4 6 8.AND IS REGARDING THE PROPERTY LOCATED AT 5, 2 0 7 PROC LANE STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THIS CASE IS ABOUT A VACANT AND DILAPIDATED SINGLE FAMILY RESIDENTIAL STRUCTURE.
THE CASE WAS OPENED IN NOVEMBER, 2017.
AS A RESULT OF A COMPLAINT, THERE ARE CURRENTLY NO ACTIVE PERMITS FOR THIS PROPERTY.
THE PROPERTY IS LOCATED LESS THAN 1000 FEET FROM THE NEAREST ELEMENTARY SCHOOL.
AND THE STRUCTURE IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS AND REQUIRES REPAIRED.
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, A MAP SHOWING THE DISTANCE BETWEEN THE PROPERTY AND THE NEAREST SCHOOL AND EXHIBIT TWO, WHICH CONSISTS OF THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AND EXHIBIT THREE, WHICH IS MADE UP OF CODES.
PHOTOGRAPHS MARKED AS EXHIBITS THREE, EIGHT THROUGH THREE K AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE SUPERVISOR.
JOSEPH LUCAS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED SUPERVISOR LUCAS EMAILING.
GOOD EVENING, CHAIR AND COMMISSIONERS.
UH, MY NAME IS JOSEPH LUCAS AND I'M A SUPERVISOR FOR THE AUSTIN CODE DEPARTMENT.
AND I'M CURRENTLY ASSIGNED TO THE SOUTH RESIDENTIAL TEAM, UH, THIS PARTICULAR PROPERTY AT 52 0 7 PROC LANE IS A RESIDENTIAL PROPERTY.
THE CASE WAS REPORTED TO THE AUSTIN CODE DEPARTMENT ON NOVEMBER 6TH, 2017, AS A COMPLAINT ABOUT ILLEGAL DUMPING AT AN UNOCCUPIED HOME INSPECTOR, JOE
HE OBSERVED THE ILLEGALLY DUMPED ITEMS AND SEVERAL STRUCTURAL ISSUES TO INCLUDE ROTTED AND DETERIORATED WOOD ON THE ROOF, OVERHANG OF A CARPORT, ROTTED FLOORING AND HANDRAILS ON THE RAMP, GOING UP TO THE FRONT PORCH, THE FRONT PORCH FRAMING WAS NOT SECURE AND WAS RESTING ON CINDER BLOCKS WITH MAKESHIFT SHIMS. AND THERE WAS AN ELECTRICAL WIRE THAT WAS SPLICED FROM THE FRONT DOOR LIGHT, UH, TO THE, UH, PORCH COVER.
IT WAS EXPOSED AND NOT IN ANY KIND OF CON CONDUIT.
THE OWNER AT THIS TIME WAS VALERIE SOYERS IN JOHNNY HODGE ESTATE WITH THE ADDRESS BE IN THE SAME 52 0 7 PRONK LANE.
NOTICE OF VIOLATION WAS SENT FOR THE STRUCTURAL ISSUE ISSUES OBSERVED AND THE PROPERTY ABATEMENT THAT WAS OBSERVED.
UH, WE LATER LEARNED THAT JOHNNY HODGE HAD PASSED AWAY IN MARCH OF 2003.
AND VALERIE SOYERS DIED IN MAY OF 2016.
WE LEARNED THAT WILLIE MAY HUTCHINS WAS THE DAUGHTER OF VALERIE SOYERS AND SHE WAS THE MAIN CONTACT FOR THE PROPERTY.
UM, INVESTIGATOR ALICIA TOWBAR FIRST SPOKE WITH WILLIE MAY HUTCHINS AND HER SON, UH, KENDALL IN OCTOBER OF 2018, IT WAS LEARNED THAT DUE TO THE FINANCIAL CONSTRAINTS, THEY WERE UNABLE TO BEGIN THE REPAIRS TO THE STRUCTURE.
I TOOK OVER THIS CASE AND I VISITED THE PROPERTY FOR THE FIRST TIME ON AUGUST 31ST, 2020.
I OBSERVED THE STRUCTURAL VIOLATION STILL EXISTED.
THE FRONT PORCH ROOF NOW HAD BECOME UNATTACHED FROM THE STRUCTURE AND WAS HANGING DOWN ON THE RIGHT-HAND SIDE.
UM, I VISITED PROPERTY ABOUT EVERY 30 DAYS AFTER THIS INSPECTION.
AND I SPOKE WITH WILLIE MAE HUTCHINS ON THE PHONE SEVERAL TIMES.
SHE WAS UNSURE WHAT TO DO WITH THE STRUCTURE IN REGARDS TO REPAIRING IT OR DEMOLISHING IT IN MARCH, 2021, I OBSERVED THE FRONT WINDOWS WERE OPEN AND THE HOUSE HAD BEEN RANSACKED.
I CALLED WILLIE MAE AND I ADVISED HER OF THE WINDOWS NEEDED TO BE BOARDED UP.
THEY DID TAKE CARE OF THAT QUICKLY, BUT THE PORCH ROOF WAS STILL THERE AND HADN'T BEEN REMOVED.
UM, THERE WAS AN ELECTRICAL METER ON THE SIDE OF THAT STRUCTURE.
[02:20:01]
UM, I DON'T KNOW IF POWER WAS ON TO THE PROPERTY.IT DID HAVE NUMBERS ON, ON THE METER, BUT I CAN'T TELL IF THE POWER WAS ACTUALLY ON IN THE STRUCTURE.
I BEGAN PREPARING THIS PROPERTY FOR THE BSC, UH, IN AROUND JUNE OF 2021.
UM, I WAS ADVISED BY WILLIE MAY HAVE OWNERSHIP ISSUES THAT I DID NOT FULLY UNDERSTAND.
UH, THERE WAS A LAWSUIT PENDING, UH, OF SOME SORT IN THE T CAT HAD CHANGED TO CROCK LANE REVOCABLE TRUST WITH A MAILING ADDRESS IN SAN ANTONIO.
UM, THERE WAS A LIST PENDINGS FILED PENDENS I PROBABLY SAID THAT WRONG.
UH, FILED IN TRAVIS COUNTY DISTRICT COURT WITH CAUSE NUMBER D DASH ONE DASH G N DASH 21 DASH 0 0 1 3 4.
THIS WAS DISCOVERED DURING THE TITLE SEARCH WHILE PREPARING THE CASE FOR THE BUILDING STANDARDS COMMISSION.
I TRIED TO HOLD OFF ON SUBMITTING THIS CASE TO THE BILLING OF STANDARDS COMMISSION DUE TO THIS OWNERSHIP ISSUE THAT I DIDN'T REALLY UNDERSTAND WHAT WAS WRONG WITH.
UM, FINALLY JUST DECIDED IT'S TIME IT NEEDED TO COME HERE AND Y'ALL CAN OBSERVE WHAT THE PROPERTY IS LIKE.
NOW, UH, THIS PROPERTY IS A HAZARD IT'S LESS THAN A THOUSAND FEET AWAY FROM AN ELEMENTARY SCHOOL AT REQUESTED THE PROPERTY OWNER IS FENCE THE FRONT DOCK BECAUSE THE SIDES ARE ALREADY FENCED IN.
UH, AND IT WAS DONE EARLIER TODAY, AS A MATTER OF FACT, UM, I'LL NOW GO OVER THE PHOTOS, EXHIBIT THREE, A THIS IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY.
UM, JUST SHOWING WHAT THE FRONT PORCH LOOKS LIKE.
IT IS LIKE A WHEELCHAIR RAMP AND YOU CAN'T REALLY SEE MUCH ABOUT THE FRONT OF THE STRUCTURE ITSELF YET, BUT NEXT PHOTO, THIS PHOTO IS SHOWING THE REST OF THAT RAMP AND IT'S GOT DETERIORATED WOOD.
THE FRONT PORCH, A ROOF COVER IS HANGING DOWN ON THE RIGHT SIDE.
YOU CAN SEE WHERE WE POSTED THE WARNING PLACARD ON IT.
THIS IS A PICTURE DEPICTING WHAT THE RAMP LOOKS LIKE GOING UP TO THE FRONT PORCH.
THERE'S A HOLE IN IT, A BUCKET LAYING IN THERE.
THIS IS A CLOSER UP PICTURE SHOWING WHAT THE ROOF LOOKS LIKE.
IT WAS SEPARATED FROM THE MAIN STRUCTURE AND JUST HANGING.
IF YOU LOOK CLOSELY, YOU CAN SEE THE YELLOW WIRE HANGING FROM THAT ELECTRICAL BOX, UH, RIGHT TO THE TOP RIGHT OF THE FRONT DOOR.
IT'S JUST HANGING OVER TO THE PORCH.
THIS IS JUST A SIDE OF THE HOUSE.
JUST SHOWING THAT THE WINDOWS ARE BOARDED UP NEXT PHOTO.
THIS WAS TOWARD THE BACK, JUST SHOWING US A BROKEN WINDOW AND THEY'VE DONE THEIR BEST TO BOARD THIS UP AND KEEP PEOPLE OUT NEXT PHOTO.
THIS IS THE REAR BACK CORNER OF THE PROPERTY.
IT'S A, THE ROOF IS ALL ROTTED IN DETERIORATED.
UH, THE BEAMS, UH, JOIST, OR ARE ROTTED NEXT PHOTO.
UH, I WAS ACTUALLY THE BACK PORCH.
IT SHOWS THE, UH, ROOF OVER THE PORCH IS, UM, ROTTED DETERIORATED, AND, UH, THE DOOR IS PARTIALLY BLOCKED OFF OR BOARDED UP NEXT PHOTO.
JUST SHOWING MORE, UH, ROOFING JOISTS ARE ROTTED AND THE ROOF IS ROTTED.
YOU CAN SEE A HOLE THROUGH THE TOP OF IT ABOVE THAT WINDOW.
THIS IS THE CARPORT, UH, ON THE RIGHT SIDE OF THE PROPERTY.
UH, YOU'LL SEE, IN A MOMENT THAT THE POLES ARE ALL, UH, ROTTED, IT'S COME SEPARATED TO GIVE YOU AN IDEA OF WHAT IT LOOKS LIKE.
THIS IS A CLOSER UP PICTURE OF THE CAR PORT, WHERE IT'S COME COMPLETELY APART IN THIS FRONT RIGHT CORNER, UH, EXPOSED ROOFING.
IT'S ALL ROTTED WOOD, AND YOU CAN ALSO SEE THAT FRONT PORCH HANGING DOWN.
THIS CONCLUDES MY PRESENTATION, AND I'M AVAILABLE TO ANSWER 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 AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS ONE AND TWO, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS THREE EIGHT THROUGH THREE K STAFF ALSO
[02:25:01]
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 RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.AND FOUR ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK.
THEY WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
AND FOR A SHELL CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I'LL, I'LL ADMIT STUFF'S EXHIBIT ONE AND TWO.
AND THE PHOTOGRAPHS MARKED AS EXHIBITS THREE EIGHT THROUGH THREE K.
AND I BELIEVE WE HAVE, UH, THE ATTORNEY FOR THE OWNERS AS WELL AS OUR, WELL, ONE OF THE OWNERS AND A REPRESENTATIVE AS WELL.
IS IT MS. FLAM, HELEN? OH, SORRY.
AND MS. PHELAN, HAVE YOU BEEN SWORN IN? OKAY.
UM, MAY I ASK YOU TO RAISE YOUR RIGHT HAND, PLEASE? THANK YOU.
UM, HAS EVERYBODY ELSE BEEN SWEATED? OKAY, THANK YOU.
DO YOU AFFIRM THAT THE TESTIMONY YOU'LL BE GIVEN HERE TONIGHT IS GOING TO BE THE TRUTH? NOTHING.
I MEAN THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
UM, WE DID NOT FIND OUT ABOUT THIS HEARING OR THIS COMPLAINT.
UH, MY OFFICE DIDN'T UNTIL LAST WEEK.
AND SO I HAVE HARD COPIES OF DOCUMENTS AND WE'VE ALSO PROVIDED A, UH, A THUMB DRIVE.
UM, IF, IF YOU GUYS WANT TO TAKE TWO AND PASS THEM AROUND, UM, MY CLIENTS HAVE WANTED TO DO SOMETHING WITH THIS PROPERTY.
UH, THE OWNERSHIP THAT'S SHOWN IN T CAD IS INCORRECT.
WHAT HAPPENED IS A WILLIE MAE SAWYER IS OWNED THIS HOME.
SHE BOUGHT IT, UH, PRIOR TO EVER MEETING MR. HODGE.
SHE, EXCUSE ME, EXCUSE ME, VALERIE.
UH, THEY WERE NOT ALL JOHNNY'S CHILDREN.
UM, THEY, VALERIE DIED WHEN VALERIE DIED.
UM, JOHNNY HAD NOT LIVED THERE FOR MANY, MANY YEARS.
HE ALSO HAD A CHILD GOT MARRIED, AGAIN, HAD A CHILD WITH ANOTHER WOMAN AND MAY HAVE HAD ANOTHER CHILD.
UM, WE DON'T KNOW FOR SURE THAT SHE'S TRULY HIS CHILD AND WE CAN'T FIND HER ANYWAY.
UH, SO AS YOU MIGHT EXPECT THE PROBATE, AND THIS HAS BEEN, UM, A BIT OF AN ISSUE.
WE DID NOT FIND OUT THAT THERE WAS, UH, THIS DID NOT COME TO A HEAD UNTIL, UM, THE FIRST ITEM YOU HAVE, WHICH IS THE BERRY EFRIN CRUSTY OF THE PROC LANE.
REVOCABLE TRUST WAS FILED IN TRAVIS COUNTY, TEXAS.
MR. EFRON IS AN ATTORNEY FROM SAN ANTONIO AND HE AND HIS CREW, UM, COMB THROUGH THE TAX ROLLS AND FIND PROPERTIES THAT ARE VALUABLE AND WHICH ARE BEHIND IN THEIR TAXES.
HE THEN GOES TO THE TAX OFFICE AND PAYS THOSE TAXES.
HE'S DOING IT BOTH HERE AND IN, UM, UH, SAN ANTONIO.
AND THEN HE SENDS THE MAN LETTERS TO THE HEIRS THAT HE FINDS, AND HE TELLS THEM THAT HE NOW OWNS PART OF THE PROPERTY AND THAT HE'S GOING TO FILE FOR THEM TO HAVE TO PAY HIM BACK FOR HIS PORTION OF THE VALUE OF THE HOME AS IT'S THE LAND, AS IT'S VALUED NOW, UM, OTHERWISE HE'S GOING TO TAKE IT AND TRIES TO EXTORT MONEY FROM THEM OR GET THEM TO SIGN IT OVER.
HE ALSO FILED A FALSE AFFIDAVIT OF HEIRSHIP AND GOT ONE OF JOHNNY'S DAUGHTERS WHO IS LEGALLY BLIND TO SIGN AN AFFIDAVIT SAYING THAT, UM, SHE HAD SOLD HIM HER INTEREST BECAUSE HE TOLD HER THAT HE WAS GONNA GIVE HER $10,000.
AND THEN WHEN HE CAME, HE TOLD HER SHE COULD ONLY, HE COULD ONLY GIVE HER $2,500, BUT THAT THAT'S ALL SHE WAS GOING TO GET OUT OF IT BECAUSE THE STATE WAS GOING TO TAKE THE PROPERTY.
UM, THERE WAS NOT NOTARIZED IN FRONT OF A NOTARY, BUT THERE'S A NOTARY STAMP ON IT.
WHO IS A WOMAN FROM MR. EPHRON'S OFFICE? THIS IS NOT THE ONLY CASE HE'S DONE THIS IN, UM, JUST DOWN THE STREET FROM PROC LANE.
THERE WAS ANOTHER ONE THEY'VE SINCE, UM, UH,
[02:30:01]
ENTERED INTO A SETTLEMENT AGREEMENT ON THAT PARTICULAR PROPERTY.UM, THE ONE IN SAN ANTONIO HAS GONE TO TRIAL.
UH, WHAT WE HAVE DONE IS WE HAD TO ONE FIND THE AIR FILE, AN AIRSHIP PROCEEDING THAT HAS BEEN DONE.
THAT'S THE SECOND ITEM THAT'S IN THERE, UH, TO TRY AND DETERMINE WHO THE OWNER OF THE HOME WE'VE ALSO, AS SOON AS THE, UM, UH, ESTATE IS ESTABLISHED BECAUSE THERE IS NO ESTATE RIGHT NOW.
SO THERE IS NO REPRESENTATIVE OF THE DECEDENTS TO BE ABLE TO ACT AS OWNER.
UM, AS SOON AS THAT'S DONE, WE ARE GOING TO ASK THE, UH, PROBATE COURT TO COMBINE THE TWO CASES AND FOR JUDGE HERMAN TO TAKE A LOOK AT WHAT MR EFRON HAS BEEN DOING, AND WE HOPE THAT WE CAN GET SOMETHING DONE.
UM, MR. EFAN REFUSES TO PROVIDE ANY INFORMATION ON WHO IS A MEMBER OF HIS TRUST.
UM, BUT HE HAS DONE THIS IN, UH, MULTIPLE PROPERTIES THAT DID NOT GO TO AN ATTORNEY.
LUCKILY, KENDALL KENDALL KNOWS ME.
SO, SO WE ARE ASKING FOR SOME TIME MY CLIENTS, UM, HAVE GOTTEN A QUOTE ON DEMOLISHING THE PROPERTY.
THEY HAD LOOKED INTO REDOING IT AT ONE TIME, BUT THEN WITH ALL OF THIS AND COVID AND EVERYTHING ELSE, THERE WAS NOTHING, THERE WAS NOTHING TO BE DONE.
UM, THEY CAN'T GET A PERMIT TO TAKE DOWN THE PORCH BECAUSE THEY DON'T HAVE AN OWNER TO SIGN FOR THE PERMIT TO APPLY.
UM, THEY, UH, INSTEAD WHEN I HEARD FROM MR. LUCAS, OFFICER LUCAS, EXCUSE ME, THE DIRECTOR, WHAT ARE YOU NOW, INSPECTOR INSPECTOR LUCAS, UM, THAT, UH, THAT THIS WAS HAPPENING.
I SAID, WHAT CAN WE DO? UM, COULD WE PUT UP A FENCE BECAUSE HE SAID THAT, YOU KNOW, IT WAS AN ATTRACTIVE NUISANCE.
SO, UM, I CALLED MY CLIENTS ON FRIDAY AND WE HAVE A FENCE UP TODAY, UH, TO KEEP THE KIDS OUT OF IT.
WE, THEY HAVE BOARDED UP THE HOUSE WHEN REQUESTED IT HAS NOT HAD ELECTRICITY FOR, FOR YEARS NOW.
UM, IT DOES NOT HAVE ANY UTILITIES THAT ARE OPERATING TO IT, SO THEY'VE DONE WHAT WE CAN, BUT THE PROBLEM THAT WE HAVE IS THAT, UM, THERE'S A CLOUD ON THIS TITLE AND IT'S GOING TO TAKE, UH, SOME EFFORT TO GET IT RESOLVED.
AND GIVEN THAT RIGHT NOW, UM, WE JUST GOT AN AD LITEM APPOINTED LAST WEEK, AND I'VE PROVIDED ALL THE INFORMATION TO THAT AD LITUM.
BUT RIGHT NOW, WHEN YOU REQUEST A HEARING FOR THE PROBATE COURT, WE'RE GETTING SETTINGS IN AUGUST.
AND SO THE SOONEST, I THINK WE CAN HAVE A REPRESENTATIVE FOR THE ESTATE IS AUGUST AND THAT'S IF WE GOT OUR AD LITEMS REPORT TODAY.
SO I SAID, ANYBODY HAVE ANY QUESTIONS? THE SIR, I DO HAVE ONE QUESTION ON THAT.
THAT'S A LOT, AND I WON'T PRETEND TO HAVE FOLLOWED IT, BUT, UM, YOU, YOU MENTIONED THAT YOU HAD GROUPED HAD CONSIDERED DEMOLITION.
SO I GUESS TWO PART QUESTION ONE IS, IS THAT THE ROUTE THAT YOU PREFER AND TWO, ARE YOU ABLE TO MOVE FORWARD ON THAT, CONSIDERING THAT THE OWNERSHIP IS NOT SETTLED? SO I WOULD THINK PROBABLY NOT.
WE CANNOT MOVE FORWARD WITH IT BECAUSE WE CAN'T GET A PERMIT BECAUSE WE'RE NOT THE SOLE OWNERS.
AND, UM, AND BECAUSE MR. EFREN IS, OF COURSE NOT, UM, HELPING AT ALL, UH, HE'S ON HIS THIRD ATTORNEY, ONE WAS ATTORNEY IN HIS FIRM THAT DUMPED HIM.
UM, SO, UH, WE'RE HAVING PROBLEMS GETTING ANSWERS AT ALL FROM THEM.
UM, SO WE HAVE GOTTEN A QUOTE FOR GETTING IT DEMOLISHED.
IT'S JUST UNDER $7,000, BUT I'M SURE THAT'S GOING UP EVERY DAY, GIVEN THE PRICE OF DIESEL.
UM, SO, UH, BUT MY CLIENTS, OF COURSE DON'T HAVE ANY MONEY.
THEY WERE ON A PAYMENT PLAN PAYING OFF THE TAXES.
AND EVEN WITH THE PAYMENT PLAN, MR. F RON WAS ABLE TO COME IN AND THEY JUST CAME IN AND GAVE CASH IN THE APPRAISAL DISTRICT, ACCEPTED IT.
AND WE'VE ASKED FOR A MEETING WITH THE, WITH THE COMMISSIONER PAVILION, I'VE, I'VE CALLED HIS OFFICE THREE TIMES AND BEEN TOLD BY DEON THAT WE'RE GOING TO GET A, UH, HE'S GOING TO TALK TO THEM AND WE'VE GOTTEN NO RESPONSE.
SO MY CLIENTS ALSO WERE ON WHAT CHANNEL ARE YOU ON BOX SEVEN, HIGHLIGHTING THIS ISSUE WHEN IT AROSE.
THEY ACTUALLY TALKED TO SOME OF THE ATTORNEYS IN SAN ANTONIO AND, UH, AND THEN LEGAL AID WAS HELPING THE PEOPLE DOWN THE STREET.
SO, UM, THIS IS A HUGE PROBLEM IN, IN, UH, MOSTLY IN EAST AUSTIN, WE'RE ASKING FOR A CONTINUANCE SO THAT WE CAN TRY AND GET THIS RESOLVED.
WE HAVE EVERY INTENT OF KEEPING IT SAFE AND KEEPING PEOPLE OUT OF IT.
UM, UH, UNTIL WE CAN QUALIFY TO GET A PERMIT TO DEMOLISH IT.
UM, MY CLIENTS HAVE, UH, THE FAMILY HAS DISCUSSED WHAT THEY WANT TO DO WITH THE PROPERTY BECAUSE THEY DO WANT TO, UH, THEY WERE LOOKING AT ONE POINT TO MAKE IT A COMMUNITY
[02:35:01]
CENTER OR THE KIDS FROM THE SCHOOL.UM, DO YOU HAVE ANY, I HAVE A QUESTION REGARDING THE ORIGINAL OWNERS.
UM, THERE WAS A HUSBAND AND WIFE THAT OWNED IT ORIGINALLY.
NO, ACTUALLY VALERIE OWNED IT HERSELF ORIGINALLY AS A SINGLE WOMAN.
AND, UM, THE, THE, THE TITLE TO THE PROPERTY NEVER CHANGED HANDS.
THERE WAS AN IMPROVEMENT LOAN ON WHICH THEY WERE BOTH WERE, BUT IT'S OUR POSITION THAT IT WAS VALERIE SEPARATE PROPERTY UNDER TEXAS LAW.
AND SO MR. EPHRON'S CLAIM THAT HE NOW OWNS A QUARTER OF THE HOUSE IS A COMPLETELY RIDICULOUS CAUSE IF ANYTHING, HE WOULD OWN AN EIGHTH OF THE HOUSE.
I THINK I'M A LITTLE CONFUSED BECAUSE THE EVIDENCE AND THANK YOU FOR BRINGING THIS, IT'S HELPFUL.
UM, YOU'RE DETERMINING THE EARTHSHIP FOR THE DECEASED HUSBAND, CORRECT.
IN ORDER FOR YOU TO GET TO THE POINT OF PROVING OWNERSHIP FOR THE AIR OF VALERIE SOYER'S, IT'S VALERIE SAWYERS, WE'RE GOING TO FILE IT A AFFIDAVIT OF HEIRSHIP BECAUSE WE HAVE PROOF OF WHO EVERYONE IS AND WHO HER CHILDREN ARE.
SO WE'RE FILED AND THAT'S BEING FILED THIS WEEK.
AN AFFIDAVIT OF HEIRSHIP, WE'RE JUST GETTING THE SIGNATURES IT'S THAT THEY FILED A FALSE AFFIDAVIT OF HEIRSHIP FOR JOHNNY HODGE IS IN THE RECORD AND THEY EVEN SPELLED HIS NAME WRONG.
AND, UM, THAT WE NOW HAVE TO GET REMOVED FROM THE DEED RECORDS AND A CORRECTED.
THERE'S ALSO A DECLARATORY JUDGMENT ASKING JUDGE HERMAN TO, UM, PULL DECLARE THE OLD AFFIDAVIT AS, UM, UH, MOOD OR AS FALSE.
AND THEN, UH, INSTITUTE THE NEW ONE, YOUR CURRENT PROCEEDING, WHICH IS, UM, THE REASON WHY YOU NEED US TO GIVE YOU MORE TIME IS IN ORDER FOR YOU TO GET TO THE POINT OF DEFEATING, HOPEFULLY THIS OTHER PERSON THAT MADE THE FALSE CLAIMS TO THE PROPERTY, CORRECT? CORRECT.
CORRECTING THE DEED RECORDS AND DETERMINING EXACTLY WHO OWNS, WHAT PORTION, IF ANY OF THE HOME.
UM, AND HOW MUCH TIME DO YOU THINK, AS YOU MENTIONED AUGUST AS THE MAYBE POTENTIAL, UH, POSSIBILITY OF, UH, UH, HEARING, BUT THAT MIGHT NOT EVEN BE THE FINAL FINAL, RIGHT.
AND WE DON'T HAVE A HEARING YET.
THAT'S JUST THE HEARINGS THAT ARE BEING OFFERED IF YOU REQUESTED THEM THIS WEEK.
AND I KNOW THAT BECAUSE I'M ON A DIFFERENT CASE, BUT, UM, IF WE COULD GET A CONTINUANCE FOR AT LEAST 90 DAYS WHERE I CAN GIVE YOU AN UPDATE, WE SHOULD HAVE SOME DATES AND PERHAPS BE FURTHER ALONG IN THIS AND MAYBE HAVE AN ANSWER FROM MR. EFRON.
AND I WOULD HOPE THAT WE MIGHT BE ABLE TO GIVE YOU MORE INFORMATION.
UM, COMMISSIONERS, VICE CHAIR.
UM, YOU DON'T HAVE A QUICK, WOW.
WELL, YOU MUST HAVE DONE AN EXCELLENT JOB COUNSELING YOU MANY YEARS AT THE DA'S OFFICE.
UH, COACH, I DO HAVE A QUESTION.
SO I UNDERSTAND THE REQUEST FOR A CONTINUANCE AND THAT MAY WELL BE WHAT WE DECIDE IS THE BEST OPTION HERE.
UM, THIS SOUNDS LIKE A REALLY CONVOLUTED, REALLY TOUGH SPOT TO BE IN, BUT WOULD YOUR CLIENTS BE OPPOSED TO, IF WE WERE TO CONSIDER A DEMOLITION ORDER, KNOWING THAT THE CITY TAKES A LONG, LONG TIME TO GET TO THIS, UM, BUT YOU KNOW, WORST CASE, IF THINGS KIND OF FALL APART AND YOUR CLIENT IS NOT ABLE TO GET CLEAR OWNERSHIP, THERE WOULD STILL BE THAT DEMOLITION ORDER IS THAT APPEALING AT ALL? THE CONCERN IS THAT MY CLIENTS ARE, UM, DO NOT HAVE MUCH INCOME AT ALL.
AND, UM, UM, AND SO THE, THE COST OF DEMOLITION, IF THE CITY DOES IT IS GOING TO BE VERY EXPENSIVE.
UM, UH, SINCE THEY DO HAVE MEMBERS OF THEIR FAMILY WHO ARE CONTRACTORS, UM, THEY CAN DECREASE THOSE COSTS IN SOME WAYS, IF WE CAN GET PAST THIS.
AND, UM, I THINK THAT THE CITY NEEDS THAT TO HAPPEN TO CAUSE WITH DEMOLITION ORDER WOULD HAVE TO BE SERVED ON THE OWNERS.
AND I DON'T KNOW THAT WE CAN DETERMINE THAT UNLESS YOU WANT TO SERVE ALL 16 PEOPLE.
AND BECAUSE OF THE PROPERTIES IN THE FLOOD, PLAIN, THERE HAS TO BE A BUILDING PERMIT ISSUED AS WELL.
SO IT'S, UM, IT'S A MULTI THERE'S MULTIPLE ISSUES THERE.
SO WE HAVE DONE WHAT I THINK IS NECESSARY IN ORDER TO MAKE IT SAFE, UM, AND KEEP PEOPLE OUT OF IT.
AND, UH, I WILL CONTINUE TO DO THAT.
DO YOU HAVE ANYTHING NEW? OKAY.
UM, ANY OTHER THOUGHTS, COMMENTS I'M GOING TO CLOSE THE PUBLIC HEARING.
YEAH, I HAVE ANY, I DO HAVE A THOUGHT
[02:40:01]
ABOUT THAT.I BOUGHT THE, UM, I SUPPOSE WHAT I FIND CHALLENGING ABOUT THIS CASE IS, UM, THE OWNERSHIP IS IN QUESTION, RIGHT? THERE'S TWO PARTIES CLAIMING OWNERSHIP, AND IT'S NOT OUR, UM, OUR BODY'S ROLE TO, TO DETERMINE THE, THE, THE LITIGATE THAT THESE CLAIMS AND DETERMINE, YOU KNOW, HOW THAT FALLS OUT.
AND, AND WE WERE CERTAINLY GIVEN A LOT TO, UH, TO THINK ABOUT.
SO, UM, WE DON'T KNOW HOW IT'S GOING TO END UP, WHO'S GOING TO BE DETERMINED THE OWNER AND WHEN THAT'S GOING TO HAPPEN, UM, THAT IT WILL BE DETERMINED BY ANOTHER BODY.
BUT IN THE MEANTIME, WE HAVE THIS PROPERTY, WHICH CLEARLY NEEDS ATTENTION AND, UM, AND YOU KNOW, THE NEIGHBORS AND THE SCHOOL AND ALL OF THOSE THAT, UM, PROBABLY YOU WOULD LIKE TO SEE SOMETHING DONE HERE.
SO IT SEEMS LIKE THERE'S TWO OPTIONS WE CAN ADOPT, UM, THE CITY'S RECOMMENDATION, UM, WHICH SAYS IT NEEDS TO BE FIXED.
AND AT SOME POINT FINES BEGIN TO ACCRUE.
ALTHOUGH I'M NOT SURE WHO'S GOING TO FIX IT, UH, SINCE THE OWNERSHIP'S NOT DETERMINED, OR WE CAN DO NOTHING IN WHICH CASE, UM, WE HAVE THE SAME RESULT, RIGHT? THE, THE PROPERTY DOES NOT GET REPAIRED.
SO, UM, I SUPPOSE BETWEEN THOSE TWO, NOT VERY, UH, PROMISING OUTCOMES, AT LEAST IN ORDER WILL, UM, SHOULD WE TAKE IN SOME ACTION TO, TO KIND OF REMEDY A CONDITION? THAT'S UNACCEPTABLE.
DO YOU HAVE ONE, JUST ONE MOMENT, UM, COMMISSIONER FRANCIS, AND GO AHEAD.
I'D LIKE TO SUGGEST THAT WE FOLLOW THE RECOMMENDATION WITH THE ATTORNEY AND ASK AND CONSIDER A CONTINUANCE FOR 90 DAYS TO SEE IF WE CAN SORT OUT SOME OF THE PROBLEMS HERE AND THEN MAYBE CONSIDER THIS ORDER.
UM, THIS W I DON'T KNOW WHO WOULD BE RESPONSIBLE FOR EVEN COMPLETED.
THESE WE'LL HAVE A, UH, AN, WE DON'T HAVE AN OWNER.
WE DON'T KNOW, UM, COMMISSIONERS.
UM, AS THE VICE-CHAIR STATED, UH, THE COMMISSION DOESN'T NEED TO MAKE A DETERMINATION ON THE OWNERSHIP.
UM, ANY ORDERS THAT ARE ISSUED BY THIS BODY WILL FOLLOW THE PROPERTY.
SO, UM, LET'S SAY IF, IF THE SUIT FOR OWNERSHIP IS NOT SUCCESSFUL, IT WOULD STILL FOLLOW THE SAN ANTONIO ATTORNEY, EVEN IF HE'S NOT PRESENT.
UM, BUT THEN THERE IS ALSO STILL THE OPTION OF RETURNING TO THE COMMISSION AND REQUESTING PENALTY FORGIVENESS, ESPECIALLY SINCE THERE ARE, UM, UH, OTHER CIRCUMSTANCES TO CONSIDER.
THANK YOU FOR, UM, YEAH, FOR THE CLARIFICATION.
AND, UM, I THINK THAT, YEAH, I THINK THAT'S INTERESTING BECAUSE, OH, SORRY.
THE PRESS IS NO, I'LL HOLD IT.
MAYBE YOU'LL SHARE WHAT I'M THINKING ABOUT.
IT'S JUST THE RE REMIND THE COMMISSION HAS BEEN GOING ON FOR SINCE 2017.
SO THIS HAS BEEN A LONG, AND THERE IS A HEALTH AND SAFETY ISSUE HERE.
AND SO I THINK WHAT WE'VE HEARD IS THAT THE PROPERTY HAS BEEN FENCED OFF.
I THINK IF WE COULD VALIDATE THAT, NOT DON'T MISUNDERSTAND THAT, BUT THAT IT MEETS THAT LEVEL OF BEING SURE THAT ANY NEIGHBORHOOD KIDS ARE NOT GOING TO WANDER INTO THIS.
AND IT IS APPROPRIATELY FENCED OFF THAT THAT WOULD BE SOMETHING TO CONSIDER IN THE INTERIM WHILE WE'RE WAITING FOR THE 90 DAYS TO PLAY ITSELF OUT.
UH, IF THAT WAS MET TO CODES STANDARD, RIGHT.
THAT IT'S ESSENTIALLY FENCED OFF ANOTHER 90 DAYS.
WOULDN'T I DON'T THINK IN MY THINKING WITH THIS KIND OF WHERE WE'RE MOVING AT, THAT'D BE A PART OF THE CONTINUANCE FOR 90 DAYS PROVIDED THAT.
SO I HAVE A FRIENDLY, LIKE AMENDMENT TO THAT BECAUSE I'M GETTING THERE, WE'RE GETTING, INSTEAD OF 90 DAYS, UH, EXTENSION, WE COULD EXTEND WHEN THE PINES KICK CAN BY 90 DAYS AND THEREFORE THE ORDERS IN PLACE AND THE FINES DON'T START UNTIL 90 DAYS LONGER THAN WHAT'S IN THE CURRENT ORDER, WHICH ACCOMPLISHED IT'S THE SAME THING THAT KEEPS IT MOVING.
AND THEN WE DON'T HAVE TO REVISIT IT.
I THINK MISSION IS STILL SAID, ARE YOU, YEAH, I WAS JUST GOING TO WEIGH IN.
I COULDN'T SEE YOU, BUT NOW WE CAN COME BACK ON.
I THOUGHT I WAS ON, UM, YEAH, I JUST, I JUST WANTED TO WEIGH IN.
I THINK I WAS AGREEING WITH, UM, MOST OF WHAT'S BEEN SAID, I THINK COMMISSIONER C LEAGUE AND, AND, UH, UM, IN MY, IN MY EXPERIENCE, UM,
[02:45:01]
ON THIS COMMISSION, YOU KNOW, FOLKS WHO HAVE OBSERVED ME, UM, YOU KNOW, THE, MY, MY INCLINATION IS SELDEN AS, AS ATTORNEY CRAZE POINTING OUT THAT THE, THE FINES DO RUN WITH THE PROPERTY.AND SO, UM, TO THE EXTENT THAT, UM, THAT THE IMPOSITION OF A FINE CAN ACT AS A SORT OF A LEVER, I THINK IT, IT, IT, IT RARELY MAKES SENSE TO THE CLIENT TO USE THAT LEVER SOLELY ON THE GROUND.
THAT THERE'S SOME TYPE OF ARGUMENT THAT SOMETHING'S IN FLUX, YOU KNOW, WE'RE ABOUT TO SELL IT, OR WE JUST BOUGHT IT, OR, YOU KNOW, IT USUALLY SOME SORT OF TRANSITIONAL STATUS DOESN'T PERSUADE ME TO ABSTAIN FROM ON THE IMPOSITION OF AN ORDER BACKED BY PENALTY BECAUSE, UH, I THINK THAT IT CAN STILL, THEY CAN STILL PROVIDE A LEVER, EVEN IF WE DON'T KNOW, ULTIMATELY AGAINST WHOM THAT LEVER, UM, WILL OPERATE ONE.
UM, IT JUST, IN MY OWN THINKING, ONE SORT OF RARE EXCEPTION TO THAT INCLINATION ON MY PART IS WHEN IS WHEN GUY HERMAN ALREADY HAD IT WHEN JUDGE HERBERT IS ALREADY OVER IN THE PROBATE NUMBER ONE, BECAUSE, UH, I, I THINK IT'S, IT'S JUST ABOUT POINTLESS SANS OR AN ORDER.
I MEAN, IF THE ORDER WERE DISPUTED, YOU KNOW, WHO'S GOING TO DO IT.
UM, YOU KNOW, IF IT'S GOING TO BE APPEALED, IT'S GOING TO GO UP TO DISTRICT COURT.
AND I BELIEVE THE PROBATE COURT HAVE THE POWER TO SORT OF CONSOLIDATE TO BRING ANYTHING THAT GOES TO DISTRICT COURT, UM, INTO THAT PROBATE ACTION, IF MEMORY SERVES HIM AND THE, AND THERE'S JUST, YOU KNOW, I THINK ALL YOU'RE DOING IS YOU'RE CREATING THE CRANING AN ORDER.
THAT'S UNLIKELY TO BE EXECUTED A PENALTY.
I'M LIKE OPERATE AGAINST ANYBODY WHO CAN DO ANYTHING.
SO IT'S GOING TO HAVE ZERO INCENTIVE POWER.
AND IT'S JUST GOING TO END UP WITH THIS CASE BACK ON OUR AGENDA, YOU KNOW, IN A COUPLE OF MONTHS, YOU KNOW, FOR FOLKS WHO ARE ALREADY BURDENED BY, YOU KNOW, THESE OTHER ISSUES.
SO, I MEAN, MY, MY STRONG INCLINATION ON THIS CASE, AND AGAIN, YOU KNOW, I DON'T KNOW, YOU KNOW, SORT OF SHRINKING VIOLET WHEN IT COMES TO BRANDISHING PENALTIES, YOU KNOW, BUT IN THIS CASE I WOULD JUST GO FOR A CONTINUUM.
I DON'T SEE, I DON'T SEE THE POINT IN THE ADDING TO THIS, TO THIS MASS.
SO EITHER A STRAIGHT CONTINUUM OR SOMETHING LIKE AN ORDER WHERE, WHERE WE DELAY THE DELAY, THE FINAL, LIKE THE VICE CHAIR WAS SAYING IT, THOSE ARE JUST MY 2 CENTS ON IT.
UM, WE HAD COMMISSIONED A MUELLER.
UM, I JUST WANTED TO POINT OUT I'M A LITTLE CONFUSED, BECAUSE I THINK WE'VE BEEN TALKING ABOUT DEMOLITION, BUT THE ORDER ACTUALLY DOESN'T SAY DEMOLITION.
SO THEY OWNERS, THE OWNERS REPRESENTATIVE SUGGESTED DEMOLITION BECAUSE I THINK THAT WILL BE THE LOGICAL PLAN.
I WANTED TO POINT THAT OUT BECAUSE IF WE'RE SAYING ADOPT STAFF'S ORDER, THEN WE NEED TO CHANGE THAT TO SAY DEMOLITION.
UM, I BELIEVE I COULD BE MISTAKEN, BUT I BELIEVE DEMOLITION FULFILLS THE ROOT CAUSE IS RIGHT NOW, UH, REPAIR ALL CITED VIOLATIONS.
I THINK, AND I, I'VE ONLY BEEN HERE A FEW MEETINGS, BUT I THINK THE PREVIOUS TIME, UH, ONE OF THE CODE OFFICERS TESTIFIED THAT A DEMOLITION WOULD ALSO TO ALSO CANCEL OUT ANY EXISTING VIOLATIONS, BUT CHAIR AND CAN ALSO SAY SOMETHING.
SO IF IT WERE, IF YOU ISSUED A REPAIR ORDER, UM, THERE WOULD BE, AND THERE WERE PENALTIES ATTACHED.
IF THEY DECIDED TO DEMO THE PROPERTY, THEN YOU COULD OFFSET THE COSTS OF WHATEVER THAT COULD BE OFFSET.
SO WHATEVER THEY SPENT ON A DEMOLITION, THEN THEY COULD OFFSET THE, ANY PENALTIES THAT OCCURRED.
SO IN SOME WAYS, UM, A REPAIR ORDER IS MORE IN THEIR FAVOR THAN A DEMOLITION ORDER IN A WAY, IN A WAY BE RIGHT.
BECAUSE I THINK, I MEAN, JUST LOOKING AT THE PICTURES, IT SEEMS LIKE A LOGICAL APPROACH TO DO THE DEMOLITION, BUT OF COURSE IT WOULD HAVE A LIEN IF THEY FOUGHT THE CITY DEMOTED.
YO YOUR ORDER IS NOT SAYING THAT, SO THAT'S FINE.
UM, SO CAN I, I WAS IN THE MIDDLE OF NEW QUESTION.
SO DOES THAT MEAN IF WE LEAVE IT THIS WAY, BUT IT'S ACTUALLY DEMOLISHED.
THEY CAN GET FORGIVENESS OF THOSE COSTS, BUT IF WE SAID DEMOLITION, IT WOULD BE A LIEN AND THEN THEY COULDN'T GET THEM.
BUT I THINK WHERE COMMISSIONER STOVE'S DAD WAS GOING WAS CONTINUANCE AND THEN JUST, UH, HE SUGGESTED TWO OPTIONS, WHICH IS WHAT A VICE-CHAIR ALREADY SORT OF STARTED SUGGESTING WAS POTENTIALLY, UM, ADOPT THE RECOMMENDATIONS AS IS AND YES, UH, UM, AN EXTENSION ON WHEN THE FINES WOULD KICK IN OR,
[02:50:01]
UM, POSTPONE THE WHOLE HEARING TILL LATER NOW, FRANKLY SPEAKING, I, I NOT SURE THAT 90 DAYS IS GOING TO GIVE US A DETERMINATION OF OWNERSHIP.SO WHAT WE CAN DO IS JUST GIVE SOME MORE TIME, BUT THE 90 DAYS IS NOT GOING TO CURE THE ISSUE OF OWNERSHIP AND THINGS.
UM, I'M I THINK MY THOUGHTS ARE THE FINES ARE OKAY.
ATTACHING TO THE PROPERTY ITSELF, EVEN REGARDLESS OF WHO COMES OUT, WINNING THE LITIGATION.
UM, HOWEVER, THE OWNERS REPRESENTATIVE HERE, UM, AS EXPLAINED TO US THAT THEY'RE, DON'T HAVE A TON OF FUNDS AVAILABLE.
SO THAT'S THE ISSUE HERE ALMOST.
I THINK WHAT I'M HEARING IS YOU WOULD DO THE DEMOLITION NEXT WEEK, HAD YOU ALREADY HAD CLEAR OWNERSHIP, LIKE YOU COULD HAVE DONE THIS.
UM, SO THEIR HANDS ARE TIED TO SOME EXTENT, UM, OBVIOUSLY, CAUSE THEY, THEY'RE NOT ABLE TO GET THE PERMITS TO DO THE DEMOLITION, EVEN IF THEY WOULD DO THE DEMOLITION OR EVEN THE REPAIRS, EVEN IF THEY WILL TRY TO REPAIR.
SO, YOU KNOW, CHAIR, IT OCCURRED TO ME LISTENING TO, WE CAN ALSO REDUCE THE, THE FINE AMOUNT BY PER WEEK.
SO THIS IS, I'M NOT AN ATTORNEY, BUT I, I IMAGINED THAT IT MAY TAKE QUITE A WHILE FOR THIS TO GET SORTED.
YOU GUYS I'M LOOKING AT, YES, THERE ARE ATTORNEYS IN THE ROOM LIKE YOU TAKE A YEAR MORE, NO MONTHS, MONTHS, YEARS DON'T KNOW.
I IT'S, IT'S, IT'S KIND OF ADJUSTABILITY.
AS SOON AS WE HAVE AN AIRSHIP PROCEEDING, WE'LL HAVE A DETERMINATION ON BOTH THE OWNERSHIP THROUGH VALERIE AND THROUGH, UM, DONNY ARCH.
AND ONCE WE HAVE THAT, UM, THEN THE, UH, WE CAN GET A SUMMARY JUDGMENT AGAINST THE, UM, UH, THE TRUST PEOPLE AND WE'VE ASKED FOR SANCTIONS.
AND SO ONE OF THE REASONS WE'VE DONE THAT, AND ONE OF THE REASONS WE WANT JOIN HIM INTO THE PROBATE COURT IS BECAUSE I THINK THAT THEY MIGHT THEN STOP THEIR CASE AND GIVE UP.
BUT IF WE CAN GET CLEAR OWNERSHIP, WHICH I THINK WE CAN DO WITHIN 90 DAYS, BECAUSE IT WILL BE BOTH OF THESE THINGS AT ONCE, BUT YOUR, YOUR ANSWER ACTUALLY INCENTIVIZES ME TO KEEP THE HIGH FEE.
BUT, UM, IF IT'S GOING TO BE SORTED THAT QUICKLY, UM, BUT IF IT'S GOING TO TAKE A WHILE, I WAS THINKING WE COULD LOWER THE FEE AMOUNT IF IT'S GOING TO LINGER FOR A YEAR OR TWO.
AND THAT WAY A LOT OF MONEY DOESN'T ACCRUE.
I THINK IF IT'S GOING TO BE SORTED QUICKLY, THEN WE JUST SAY, WE JUST STAY THE FEE INSTEAD OF UNDER 46 DAY, WHATEVER THE MAXIMUM, YOU KNOW, EXTEND THAT AMOUNT, THEN IT KICKS IN AND IT GOES FORWARD.
I HAVE ONE OTHER THOUGHT FOLLOWING UP ON, UH, VICE CHAIR FERRERAS THOUGHTS IF WE WERE TO CONTINUE THE CASE AND HAVE MORE INFORMATION IN 90 DAYS.
AND IF, FOR INSTANCE, THE, UM, JUDGMENT GOES NOT IN YOUR FAVOR, WE WOULD HAVE THE OPTION OF MESSING WITH THOSE FINES AGAIN.
AND YOUR, YOUR MICROPHONE'S NOT ON, BUT THAT'S PROBABLY JUST FINE.
IT SEEMS LIKE WE WOULD BE TAKING OUT A SIDE OF THE DISPUTE IN THAT SCENARIO.
IT IS, BUT IT WOULD GIVE US AN OPPORTUNITY TO HEAR FROM WHOEVER THE ASSUMED DONOR IS AT THAT POINT AS WELL.
THAT'S PROBABLY A MORE CHARITABLE WAY OF LOOKING AT IT.
I THINK IT'S, I THINK IT'S BEEN, UM, ESTABLISHED BY THIS BODY, THROUGH THE MEETINGS THAT I'VE BEEN AT THAT CONTINUANCES.
AND THEY WERE OUR FIRST CHOICE BECAUSE WE WANT TO TOUCH AN, UH, A PROPERTY ONE TIME.
UM, BUT I DO THINK IT'S APPROPRIATE IN EXTENUATING CIRCUMSTANCES.
AND I THINK IF THERE HAS EVER BEEN A TIME WHERE THEY HAVE PROVEN EXTENUATING CIRCUMSTANCES, IT WOULD BE THIS TIME.
UM, I THINK THAT IT HAS BEEN THOROUGHLY PROVEN THAT THROUGH DISPUTE AND OWNERSHIP, IT COULD NOT ACT ON AN ORDER THAT WE GAVE THEM TONIGHT BECAUSE ONLY OWNERSHIP COULD ACT ON IT.
AND THERE IS NO CURRENT AGREED UPON OWNER OF THE PROPERTY.
AND I THINK DUE TO THOSE EXTENUATING CIRCUMSTANCES AND THE OPPORTUNITY TO GIVE A MORE ROBUST ORDER WITHIN 90 DAYS, IF THERE IS NEW INFORMATION THAT COMES TO US, THAT IN THIS TIME IT WOULD BE APPROPRIATE TO DO A CONTINUANCE.
AND SO I MOVED TO CONTINUE THIS TAPE, THIS CASE UNTIL 90 DAYS AFTER IT'S BEEN ORDERED SO THAT WE CAN MAKE A MORE FAIR DETERMINATION.
UM, I THINK COUNCIL HAS SOME INFORMATION FOR US.
WE NEEDED DATE CERTAIN A DATE.
[02:55:01]
SHOOT, JULY 20TH, 20TH, SEPTEMBER 20TH, SEPTEMBER 20TH.I MOVED TO CONTINUE THIS CASE UNTIL, UH, MOUNTAIN FOR IT SHOULD BE THE DATE OF THE, UH, OF THE, UH, MEETING COMMISSION MEETING.
DON'T WE MEET ON THE FOURTH, WEDNESDAY OF THE MONTH ROOFERS.
I HAVE THE MEETING AS THE 28TH IN MY CALENDAR.
IT MAY BE WRONG, BUT I HAVE IT IN MY CALENDAR IS 28TH.
SO, AND IF NOT, THAT'S EXTRA DAYS THEN ARE WE LIMITED BY 90 DAYS THOUGH? THAT WAS WHAT I WAS CONCERNED ABOUT IS THAT I DIDN'T WANT TO EXTEND FURTHER THAN NO CONTINUANCE.
IN THIS CASE, IN THAT CASE, I MOVED TO CONTINUE THIS CASE UNTIL SEPTEMBER 28TH, 2022, SO THAT WE CAN MAKE A MORE ACCURATE DETERMINATION FOR THIS CASE.
I THINK WE HAD A SECOND, BUT, UM, YEAH, BEFORE WE TAKE ACTION, THEY'RE KIND OF GOING BACK TO MY ISSUE OF VALIDATING THAT IT'S BEEN CLEARLY FENCED OFF AND SO THAT IT IS NO LONGER A HEALTH AND SAFETY ISSUE, BUT IT'S BEING THE NEIGHBORHOOD AND THAT SORT OF THING WE DID KIND OF RAN AROUND THAT.
AND DIDN'T REALLY VERIFY BY THAT THIS MORNING.
SO WE HAVE A MOTION TO CONTINUE THE CASE TILL THE SEPTEMBER 28TH MEETING.
AND WE HAVE A SECOND BY COMMISSIONER STILL STAT.
ANY OTHER COMMENTS, THOUGHTS BEFORE I CALL THE VOTE? NO.
DID WE HAVE ANYBODY ABSTAIN? NO.
ANY OBJECTIONS OPPOSED? ANYBODY OPPOSED? NO.
THANK YOU SO MUCH FOR COMING TONIGHT AND GIVING US THAT PRESENTATION AND GOOD LUCK.
[5. Property address: 1705 Frontier Valley Drive (aka Santora Villas) Owner: SREIT Santora Villas, L.P. Staff Presenter: Elaine Garrett]
ITEM NUMBER FIVE ON THE AGENDA CHAIR, ITEM NUMBER FIVE ON THE AGENDA IS A DISCUSSION ITEM.I MEAN, IT'S A STAFF BRIEFING.
IT'S A STAFF BRIEFING REGARDING 1,705 FRONTIER VALLEY DRIVE ALSO KNOWN AS SANTURA VILLAS AND, UH, OUR ASSISTANT DIRECTOR, ELAINE GARRETT IS HERE TO PRESENT GOOD EVENING COMMISSIONERS, UH, BASED ON LAST MONTH'S MEETING, IT WAS REQUESTED TO COME BACK AND PROVIDE A SUMMARY OF GARDEN 1705 FRONTIER VALLEY KNOWN AS THE CENTAUR VILLA APARTMENTS.
UM, THIS PROPERTY WAS ZONED IN A SINGLE FAMILY TO THE PROPERTY CONSISTS OF EIGHT MULTI-FAMILY BUILDINGS WITH THREE FLOORS EACH WITH EIGHT UNITS FOR A TOTAL OF 192 RESIDENTIAL UNITS THERE.
UH, CURRENTLY THERE'S NO NEED, UH, WE HAVE NOT HAD ANY CASES THAT REQUEST A PERMIT, SO THEY HAVE NO PERMITS IN INACTION.
UH, SINCE JANUARY OF THIS YEAR, THERE'VE BEEN 22 REPORTED CASES RECEIVED FROM THIS PROPERTY.
AND WE CURRENTLY ONLY HAVE THREE OPEN CASES THERE.
UH, THOSE CASES, UH, CONSISTS OF THREE INDIVIDUAL UNITS.
UH, ONE, UH, TWO OF THOSE CASES ARE REGARDING, UM, APPLIANCES NOT WORKING WITHIN THE UNITS, UH, BUT THEY HAVE BEEN WORKING, UH, IN THE TIMELINE THAT THEY HAVE BEEN ADVISED THROUGH THE NOTICES.
SO WE HAVE BEEN RECEIVING, YOU KNOW, THE FOLLOWUPS WITH THE MANAGEMENT THERE.
THE THIRD ONE WAS IN REFERENCE TO A POTENTIAL, UM, UH, ISSUE WITH THE AC UNIT.
AND, UH, THAT ONE HAS STILL BEEN, IS STILL IN PROCESS PROGRESS.
WE ARE DOING FOLLOW-UP INSPECTIONS ON IT, BUT WE DID SEE THAT THE COMPLAINANT'S ORIGINAL COMPLAINANT HAD MOVED OUT AND NO LONGER LIVE THERE.
SO WE'RE JUST NOW FOLLOWING UP WITH THE PROPERTY MANAGEMENT TO MAKE SURE THAT THAT'S TAKEN CARE OF.
UH, WE ALSO HAVE ISSUED NINE CITATIONS AT THIS LOCATION.
UH, THE CITATIONS WERE ISSUED FOR INOPERABLE OR MISS ENLIGHTENED LUMINAIRES FOR ALL BUILDINGS ON THE SITE.
UH, THESE WERE, UH, COMPLAINTS RECEIVED BY RESIDENTS THERE THAT, UH, UH, NONE OF THE LUMINAIRES OR LIGHTING WAS A WORD ANYWHERE AROUND THE BUILDINGS.
UH, THOSE CITATIONS RECENTLY WENT TO THE ADMINISTRATIVE HEARING,
[03:00:01]
UH, AND THEY WERE HEARD ON JUNE THE 16TH.UH, THE OWNERS WERE FOUND LIABLE AND ASSESSED THE PENALTY DURING THESE HEARINGS.
UM, SO RIGHT NOW WE CURRENTLY ONLY HAVE THE THREE PENDING OPEN CASES FOR THIS LOCATION AND I'M AVAILABLE FOR ANY QUESTIONS YOU HAVE.
SO YOU HAVE SOME CASES THAT ARE OPEN BUTTON THERE.
IS THERE ANY SPAIN MADE ON THOSE AS FAR AS YOU CAN TELL? YES.
UH, ALL THREE, ALL THREE CASES ARE UP TO DATE WITH OUR FOLLOW-UPS AND THEY ARE UP TO DATE WITH THE TIMELINES THAT THEY'VE BEEN REQUESTED ON THE NOTICES.
AND ANY OTHER, ANY QUESTIONS, COMMENTS ABOUT THIS PARTICULAR PROPERTY? YES.
UH, SO IT DOES SOUND LIKE THIS IS REALLY MOVING IN THE CORRECT DIRECTION.
I MEAN, THAT'S THE OVERALL IMPRESSION I'M GETTING, IS THAT THAT'S CORRECT? YES.
YEAH, THAT'S BASICALLY A BIG PICTURE.
THAT'S WHAT I WANTED TO VERIFY THIS.
UM, I WAS CURIOUS, DID YOU EVER GET A CHANCE TO READ THE ARTICLE THAT INSPIRED THIS REQUEST FOR THIS PRESENTATION? I HAVE BRIEFING.
UH, I READ THE ARTICLE, I BELIEVE THAT IT WAS INSPIRED BY THE RESIDENTS AND OCCUPANTS THERE THAT STATED THAT THERE WERE NUMEROUS CONDITIONS THAT HAD NOT BEEN TAKEN CARE OF.
HOWEVER, WE RESPOND TO THE COMPLAINTS THAT WE RECEIVED THROUGH THE 3 1, 1.
AND SO WE HAVE NOT SOME OF THOSE UNITS THAT WERE, THAT WERE CITED IN THE ARTICLE.
WE HAD NEVER RECEIVED A COMPLAINT FROM A, SO IT IS COMPLAINT DRIVEN FOR US, UH, UNLESS, YOU KNOW, WE OBSERVE IT FIRSTHAND.
UM, I THINK THAT THAT WAS NICE, SHORT AND SWEET.
THANK YOU FOR BEING EFFICIENT WITH THE TIME AS WELL.
UM, THAT'S ALL WE HAVE ON THE AGENDA, UM, ITEMS, EXCEPT FOR
[6. Discussion and planning regarding Annual Internal Review Report]
OUR DISCUSSION.WE HAVE, OH, THEY ADDED THE ANNUAL, UM, INTERNAL REVIEW REPORT.
SO WE DID EVERYBODY GET A COPY OF THE EXISTING REPORT OR PREVIOUS REPORT.
IT THERE'S A COPY OF LAST YEAR'S REPORT IN YOUR READERS AND OUT.
THERE'S ALSO A COPY OF THE TEMPLATE THAT WE USE TO DRAFT THE REPORT.
AND I WAS HOPING TONIGHT YOU COULD REVIEW LAST YEAR'S REPORT AND MAKE, JUST IDENTIFY ANY GOALS OR ANYTHING DIFFERENT YOU'D LIKE TO CHANGE OR ADD TO THE REPORT.
WE TAKE CERTAIN DATA, UM, ABOUT THE CASES THAT HAVE BEEN HEARD AND INCLUDE THAT IN THE REPORT.
YOU CAN LOOK AT THE ONE FROM LAST YEAR.
UM, WE NE THIS NEEDS TO BE SUBMITTED TO THE CLERK'S OFFICE BY THE 31ST OF JULY.
SO IF WE COULD IDENTIFY SOME GOALS THIS MONTH, THEN I COULD GRAB THEM.
WE CAN DRAFT THE REPORT AND SHOW IT TO YOU NEXT MONTH AND HAVE YOU APPROVE IT.
AND IT DOESN'T REQUIRE THE FULL COMMISSION TO APPROVE IT.
IT COULD BE THE CHAIR IF WE HAVE TO DO THAT.
BUT, UM, AND I DO HAVE A COPY OF IF, IF YOU'D LIKE TO SEE IT ON THE SCREEN TOO, WE CAN PULL UP LAST YEAR'S REPORTS AND SHOWED ON THE SCREENS.
YOU'D LIKE TO SEE IT THAT WAY TO SHOW THE READER.
IT IS IN THE READERS AND, UM, CHAIR.
I HAVE, I DO HAVE A SUGGESTION.
AND JUST LOOKING AT LAST YEAR'S REPORT AND THINKING ABOUT THINGS THAT WOULD BE GOOD TO ADD, AND I THINK IT WOULD BE NICE TO KNOW HOW MANY CASES HAD BEEN FINALLY RESOLVED SUCCESSFULLY.
UM, AND, UH, I HAD SOMETHING ELSE I SAID ACTUALLY NOW IS THE SAME ONE I HAD.
AND ALSO I WOULD LIKE TO KNOW, UM, FOR CASES THAT I'M NOT SURE HOW TO PHRASE THIS, BUT I WANT TO KNOW HOW LONG, ESPECIALLY REPEAT OFFENDER CASES REMAIN OPEN ON AVERAGE.
I, UM, CAUSE I THINK WE HAVE SOME THINGS IN HERE ABOUT HOW MANY CASES WE HEARD WERE, UM, THE NUMBER THAT WERE REGISTERED WITH THE REPEAT OFFENDER PROGRAM.
[03:05:01]
UM, MAYBE TO KNOW OF THOSE, HOW MANY HAD BEEN OPEN MORE THAN ONE YEAR, MORE THAN TWO YEARS, MORE THAN THREE YEARS, BECAUSE I, I THINK THAT'S A REALLY IMPORTANT METRIC.HOW LONG ARE THESE THINGS GOING, UNRESOLVED? HOW LONG ARE PEOPLE LIVING WITH THESE CONDITIONS? I THINK THAT WOULD BE A GOOD THING TO BE AWARE OF OR FOR US TO BE AWARE OF.
SO HOW MANY CASES WERE SUCCESSFULLY RESOLVED? HOW MANY CASES ARE OUTSTANDING IN, YOU KNOW, FOR ONE YEAR, TWO YEAR, THREE YEARS? DOES THAT MAKE SENSE? UM, I DO HAVE A QUESTION.
SO OF THE CASES THAT HAVE BEEN RESOLVED SUCCESSFULLY, YOU'RE CON YOU'RE ASKING OF THE CASES THAT WERE HEARD IN THE LAST YEAR.
HOW MANY OF THOSE, BECAUSE THEY MAY HAVE A 90 DAY OR A 60 DAY, YOU KNOW, THE TIMEFRAMES CHANGE AND IT DEPENDS ON WHAT TIME OF THE YEAR THEY'RE HEARD.
SO YOU'RE NOT GOING TO GET A GOOD METRIC THAT WAY.
UM, UM, YOU KNOW, WE OFTEN GIVE AN ORDER THAT SAYS WITHIN 30 DAYS WITHIN 45 DAYS OF THOSE, FOR WHICH THAT TIME PERIOD HAS PASSED, HOW MANY WORSE, YOU KNOW, COMPLIED WITHIN THE, YEAH.
HOW MANY COMPLIED WITHIN THE PERIOD THAT WE GAVE THEM? IT MIGHT TAKE A LITTLE BIT OF EXPLAINING TO SAY, UH, YOU KNOW, ONLY X NUMBER OF CASES HAD HIT THEIR TIME PERIOD, BUT OF THOSE, YOU KNOW, THIS MANY THAT, UM, OKAY.
VICE-CHAIR UH, KIND OF A QUESTION FROM MY FELLOW COMMISSIONERS.
DOES ANYBODY THINK THERE IS VALUE IN KNOWING THE DISTRIBUTION OF THE CASES BY, AND WOULD THAT BE HELPFUL FOR THE CITY AS THEY ALLOCATE RESOURCES TO HELP CITIZENS? I MEAN, RESIDENTS TO KNOW WHERE, I MEAN, I THINK WE ALL KIND OF HAVE A SENSE, BUT TO ACTUALLY HAVE DATA AND TO KNOW, YOU KNOW, DISTRICT, WHATEVER DISTRICT ONE HAD THIS MANY DISTRICT WHO HAD THIS MANY.
I MEAN, I IMAGINE THAT DATA EXISTS, I GUESS, IS IT, ARE THE DISTRICTS RELATIVE OR RELEVANT FINANCIALLY FOR THE CODE DEPARTMENT OR MAYBE ZIP CODE OR, YOU KNOW, I, I, I KNOW OBVIOUSLY DISTRICTS MATTER TO THE CITY, BUT, UM, AS YOU KNOW, YEAH, MAN, THAT'S A GOOD QUESTION.
MEASURE WHICH METRIC WOULD BE MOST BENEFICIAL IN TERMS OF THE CITY BEING ABLE TO SAY, THIS IS WHAT WE NEED TO ALLOCATE MORE RESOURCES AGAIN BY DISTRICT PROVIDES ZIP CODE, BUT PERHAPS STAFF COULD RECOMMEND THAT TO US.
I'M NOT SURE IT'S DONE BY, I MEAN, THE BUDGETS CITYWIDE, RIGHT.
SO I DON'T KNOW THAT THEY SAY THIS MUCH FOR THIS.
I'M NOT SURE WHY WE WOULD, WHERE WE'RE GOING WITH MAKING THEM OKAY.
JUST TO, AGAIN, JUST THE RANDOM, MAYBE THE ISSUE IS BORE.
ARE THERE PARTICULAR AREAS OF THE CITY WHERE THERE SEEM TO BE A LOT OF THESE CASES, LIKE, ARE THERE KIND OF CONCENTRATIONS OF THESE CASES IN PARTICULAR AREAS? SO ROB DOWN RIVERSIDE DRIVE LESS WITH VALLEY AND THAT AREA, SO I'M, WELL, I THINK, YOU KNOW, SO DO WE WANT TO SAY THERE'VE BEEN A LOT OF CASES IN ZIP CODE X OR SOMETHING LIKE THIS INFORMATION, THE CODE OFFICERS, THEY PROBABLY COULD.
I BELIEVE THERE'S A MAP OF REPEAT OFFENDERS.
AND WE DO, WE DO HAVE DATA ON THAT.
UH, GRADUALLY HAVE AN OPEN DATA PORTAL WITH DASHBOARDS AND WE HAVE PROVIDED THE DATA BASED ON COUNCIL DISTRICTS SO WE CAN SEE ALL THE DATA, UH, BUT THE WAY WE ACTUALLY STRUCTURE, UH, WE HAVE, UH, SIX NEIGHBORHOOD, UH, ENFORCEMENT GROUPS.
SO WE TRY TO BALANCE THAT OUT THROUGHOUT THE CITY TO PROVIDE A CONSISTENT APPROACH TO, UH, TO ENFORCEMENT.
SO WE DON'T ACTUALLY PUT MORE RESOURCES IN MORE PLACES THAN, YOU KNOW, SO IT DOESN'T LOOK LIKE, YOU KNOW, WE'RE GOING TO BE FAIR, UH, WITH THE WHOLE CITY.
SO WE HAVE, WE HAVE SPREAD OUT THE RESOURCES THAT WAY.
BUT, UM, YEAH, WE DO HAVE DATA THAT SHOWS, UH, AND WE HAVE PROVIDED THAT TO THE COUNCIL MEMBERS, UH, WHEN THEY ASKED FOR IT, YOU KNOW, UH, IN TERMS OF HOW MANY CASES HAVE BEEN DONE IN THE DISTRICT, YOU KNOW, WHAT TYPE OF CASES AND THINGS LIKE THAT.
BUT THE WAY WE ACTUALLY STRUCTURED THE DEPARTMENT, WE, UM, WE KIND OF, YOU KNOW, HAVE A BALANCED BALANCE, UH, THE, THE, THE STAFF TO ALLOW THE CITY TO COVER THE WHOLE, THE WHOLE AREA.
ANYTHING ELSE? IS THAT SOMETHING YOU WANT INCLUDED IN THE REPORT? NO, I DON'T THINK IT'S NECESSARY.
BASED ON THE DISCUSSION AND JUST IN GENERAL, UM, WE CERTAINLY DON'T WANT TO GIVE
[03:10:01]
YOU MORE WORK TO, DO YOU ALREADY HAVE A LOT OF WORK TO DO? ARE THERE ANY OF THE GOALS AND OBJECTIVES ON THE REPORT LAST YEAR THAT YOU WANT INCLUDED IN THIS YEAR'S REPORT? I MEAN, YES.UM, TO PRIORITIZE THE REPEAT OFFENDER PROGRAM CASES AND DANGEROUS CASES, OLD CASES, AND TO INCLUDE, UM, THE CASES IN OUR REGULAR VA BSC AGENDA, THAT'S A GOOD ONE TO KIT TO KEEP AT THE FOREFRONT.
CAN I, I HAVE ANOTHER SUGGESTION SORT OF SOMETHING I WAS THINKING OF RAISING AS AN FUTURE AGENDA ITEM THAT I THOUGHT ABOUT WHEN WE WERE TALKING ABOUT THAT ROSEMONT CASE, BECAUSE THEY, THEY MENTIONED THAT THEY HAD BROUGHT A PLAN EARLY ON, OR THEY HAD PUT FORWARD A PLAN AND THEN THE CODE OFFICERS TOLD US THEY DIDN'T FOLLOW THE PLAN.
AND OFTENTIMES WHEN PEOPLE COME TO US AND SAY, WE NEED MORE TIME, WE SAY, YOU NEED TO COME BACK WITH THESE THINGS, YOU KNOW, AND THEN WE CAN TALK ABOUT THAT, BUT IT MADE ME WONDER, LIKE, WHAT'S THE PROCEDURE WHEN SOMEONE BRINGS THAT PLAN, LIKE, HOW DO WE FOLLOW THAT UP? AND DO WE WANT TO HAVE SOMETHING ABOUT THAT? OR, YOU KNOW, IN A LOT OF THE CASES WE'RE HEARING, WE HAVE THIS PROBLEM OVER AND OVER AGAIN WHERE PEOPLE BRING US SORT OF HALF BAKED, YOU KNOW, EVIDENCE, LIKE, EVEN THOUGH IT SAYS, COME WITH EVIDENCE THAT YOU'RE DOING WHATEVER THEY DON'T AND YOU KNOW, HOW DO WE CALL ATTENTION TO THAT? OR HOW, YOU KNOW, SHOULD WE BE KIND OF TRACKING LIKE THIS MANY CASES HAD PLANNED AND TH YOU KNOW, AND FOLLOWED THEM, OR I DON'T, I DON'T KNOW EXACTLY WHAT THE RIGHT WAY TO PHRASE IT IS, BUT I FEEL LIKE IT'S SOMETHING THAT MAYBE IT'S A FUTURE AGENDA ITEM THAT WE TALK ABOUT, LIKE, WHAT SHOULD, WHAT SHOULD THE DIRECTIONS BE ABOUT THESE PLANS AND HOW THEY, HOW WE MAKE SURE THEY ARE ACTUALLY BEING FOLLOWED.
AND IF WE'RE SEEING ANY IMPROVEMENT, RIGHT.
IT SOUNDS LIKE THAT'S WHAT WE'RE GETTING AT.
I, YEAH, I BELIEVE THAT WE DID DISCUSS IT, UH, A YEAR AND A HALF AGO.
UM, THE TIMES I'VE LEARNED NOW, BUT WE DID DISCUSS IT AND STAFF ACTUALLY, UM, STARTED HIGHLIGHTING THAT PORTION IN THE NOTICES THAT HAVE BEEN SENT OUT, BUT HUMANS ARE HABITUAL CREATURES.
SO IF PEOPLE DON'T READ THE DOCUMENT, THEY CERTAINLY DON'T LOOK AT THE HIGHLIGHTS.
SO, UM, BUT I HAVE NOTICED, I PERSONALLY NOTICED THAT MORE PEOPLE DID COME MORE PREPARED, UM, OVER THOSE MONTHS FOLLOWING THE HIGHLIGHTING OF THE DOCUMENT.
SO I THINK IT'S A GREAT, UM, OBJECTIVE TO CONTINUE TO, UH, TRY TO EDUCATE THEM THAT THE OUTCOME OF YOUR CASE WILL BE DEPENDENT ON US HAVING THE EVIDENCE IN FRONT OF US, NOT THE EVIDENCE IN THE EMAIL AT HOME, BUT, YOU KNOW, I'M, I'M NOT SURE HOW WE CAN ACHIEVE THAT.
UH, STAFF HAS, I THINK, BEEN GREAT WITH YEAH.
NO, I WAS JUST GOING TO ADD ONTO THAT AND SAY, MAYBE SOMETHING THAT COULD BE GIVEN TO THE REPRESENTATIVES WOULD BE, UM, MAYBE A LIST OF THINGS THAT WE CAN DO BASICALLY MAKE IT VERY CLEAR THAT WE WANT THEM TO CLEARLY STATE WHAT THEY'RE ASKING US TO DO OR WHAT THEY WOULD, THEY WOULD WANT IN TERMS OF A FAVORABLE RULING TO THEM.
BECAUSE A LOT OF TIMES I THINK THEY JUST START TO EXPLAIN THE WHOLE HISTORY OF WHAT HAS HAPPENED AND REALLY WHAT WE WANT IS AN AGREEMENT UPON A SET OF FACTS, BUT A MORE CLEARLY ANNUNCIATED ALL OF THIS.
THEREFORE I WOULD LIKE 90 DAYS, THEREFORE I WOULD LIKE TO FIND TO REDUCE, THEREFORE, YOU KNOW, JUST SOMETHING THAT WE, THIS IS WHAT WE CAN DO.
AND THIS IS A SET IT LIKE A MENU LIST OF A REASONABLE THING FOR YOU TO ASK THE QUESTION TO DO AND HAVE THAT GIVEN TO THEM.
BUT IT HAS TO SAY, IF YOU WANT THESE THINGS, HERE'S THE RIGHT.
I'M SAYING, IN ADDITION TO THE ROBUST EVIDENCE THAT THEY SHOULDN'T FRAME, BUT THAT ESSENTIALLY WHAT THEY'RE DOING IS A FIVE MINUTE THESIS STATEMENT, PLEASE.
THIS IS WHAT I WANT YOU TO CONCLUDE IS WE NEED, I NEED 90 DAYS OR I NEED SIX MONTHS, OR WE NEED TO PERMIT EXPEDITER OR, YOU KNOW, WHATEVER IT IS BECAUSE A LOT OF TIMES IT GETS INTO THINGS.
UM, WE COULD SAY, MAKE SURE YOU COME PREPARED WITH YOUR ASK A DEFINITE ASK AND THE DOCUMENTATION, NOT JUST EVIDENCE, BUT NOT TALKING, BUT NOT JUST TESTIMONY, BUT DOCUMENTATION THAT WOULD MAKE IT LIKELY THAT YOU MIGHT BE ABLE TO GET WHAT YOU'RE ASKING FOR.
SO WE HAVE TO PUT THAT IN SUCCINCT LANGUAGE.
AND I DON'T, I MEAN, I'M ALWAYS MINDFUL OF, YOU KNOW, OVERLY VERBOSE, UH, I DON'T KNOW.
IT SEEMS LIKE ANOTHER PIECE THAT KIND OF FOLLOWS UP ON THAT IS A LOT OF THE, THE, UH, RESIDENTS WHO
[03:15:01]
COME TO PRESENT, THEY'RE UNAWARE THAT, UM, THAT THERE ARE CIRCUMSTANCES WHERE THE MONEY SPENT ON THE REPAIRS CAN, THEN THEY CAN APPEAL THE PINE.AND THERE, I THINK THERE'S BEEN SOME CASES WHERE ONCE THEY BECOME AWARE OF THAT, LIKE THE, THEIR, UM, OPPOSITION, YOU KNOW, KIND OF DROPS WHEN THEY'RE LIKE, OH, OKAY.
I DIDN'T KNOW I COULD DO THAT.
SO I DON'T KNOW HOW WE CAN COMMUNICATE THAT BETTER.
SO PERHAPS, I MEAN, MAYBE SOME OF THOSE CASES KIND OF GO AWAY WHERE PEOPLE ARE LIKE, OKAY, YES, I'LL DO THIS.
AND I UNDERSTAND THAT, THAT, UM, IT'S OKAY AT 45 DAYS BECAUSE I CAN APPEAL IT AGAINST THIS REPAIR, BECAUSE THAT SEEMS TO BE WHAT REALLY KIND OF ALARMS THEM.
THEY'RE LIKE, I CAN'T GET THIS DONE IN 45 DAYS.
I'M TALKING TO SPEND THE MONEY ON THE REPAIRS AND I HAVE, SO I'M NOT SURE HOW, YOU KNOW, WHETHER MAYBE THAT SHOULD BE SOMETHING THAT'S HANDED TO THEM WHEN OBVIOUSLY, YOU KNOW, WHATEVER DOCUMENTATION IS GIVEN TO THEM.
LIKE, HEY, THERE'S THIS BE AWARE THAT THIS THERE'S THIS OPTION UNDER THESE CERTAIN CIRCUMSTANCES, YOU CAN DO THIS.
AND, UM, MAYBE AT LEAST IN SOME CASES, SOME OF THAT ALARM WILL GO AWAY AND, AND WE DON'T HAVE TO BE HERE.
NO, NO, I THINK, YEAH, I THINK, NO, I THINK, I THINK YOU'RE ONTO SOMETHING.
UM, I HAVE AN IDEA THAT WE MIGHT BE ABLE TO IMPLEMENT OR HAVE STAFF DETERMINED WHETHER IT CAN BE IMPLEMENTED.
SO, UM, WITH THE JUSTICE COURTS, WHEN PEOPLE ARE SUED, THEY ATTACH A DIFFERENT COLOR PAPER TO THE SITE, TO THE CITATION THAT SOMEBODY SERVED WITH.
CAUSE MOST PEOPLE ARE NOT GOING TO READ WHITE PAPER.
LIKE THEY JUST DON'T READ THINGS.
SO THERE'S A GREEN SHEET THAT'S ATTACHED THAT SPELLS OUT SOME OTHER OPTIONS THAT THEY MIGHT HAVE, LIKE CONTACTING LEGAL AID OR GETTING HELP.
SO MAYBE A DIFFERENT COLOR PAPER, WHAT ACTUALLY GET ALL THAT ACCOMPLISHED.
AND WE CAN PUT EVERYTHING IN THERE, EVERYTHING THAT WE'RE DISCUSSING NOW, WHICH IS BE CLAIRE WITH WHAT YOU WANT COME PREPARED WITH, YOU KNOW, CLARITY.
WITHIN YOU HAVE FIVE MINUTES, UH, BE CLEAR WITH YOUR ASK OR YOUR GOAL AND BRING A SUPPORTING DOCUMENTATION, BUT SEND IT TO STAFF AHEAD OF TIME.
AND ALSO THAT IF YOU DO DO CERTAIN, UH, IF YOU FALL INTO CERTAIN CATEGORIES, I DON'T KNOW HOW THAT ALL CAN BE CONDENSED ON ONE PAGE, BECAUSE AGAIN, THE MORE PAGES, THE LESS LIKELY THEY ARE TO READ, UH, THE DOCUMENT.
I WONDER IF WE CAN TAKE CONTROL OF THAT A LITTLE BIT.
THEY GET LOTS OF DOCUMENTATION.
PART OF IT SAYS, PROVIDE YOUR EVIDENCE.
IT'S IN THAT YOU READ THROUGH SOME OF THAT MATERIAL, RIGHT.
SOME DO, BUT IN, IN, IN OUR PRESENTATION, WHEN YOU'RE TALKING WITH THEM, YOU KNOW, MR. OR MRS. SO-AND-SO, YOU HAVE THIS AMOUNT OF TIME, WE'D LIKE YOU TO CLOSE YOUR STATEMENT WITH AN ACTION ITEM, TELL US WHAT IT IS YOU'D LIKE US TO DO TONIGHT.
THEN THEY HAVE CLARITY AND WHAT, WE'VE JUST THE SHARP THEY'RE GOING TO KNOW, OKAY, I NEED THIS MUCH TIME, BUT THEN HERE'S WHAT I'M GOING TO ASK FOR.
SOME OF THEM, I THINK MAY STILL NOT HAVE THAT ABILITY TO DO THAT BECAUSE IT'S A LOT, RIGHT.
THIS HERE ON THIS OWNERSHIP THING, HOLY COW.
BUT THAT MIGHT BE A WAY TO MAYBE BRING THAT TO THE TOP AS A REALLY CRITICAL POINT FOR US TO SET THE CHAIR WITHIN SAY CLOSURE STATEMENT WITH YOUR ACTIONS.
OR YOU'RE ASKING THE COMMISSIONERS TO CONSIDER TONIGHT.
NO, THAT HELPS THAT PAPER AND REDO DOCUMENTS ON THE SPOT.
BUT THE KIDS, THE THING IS IF IT'S ON THE SPOT, MY FEAR IS THEY'RE NOT GOING TO PREPARE THE EVIDENCE THAT WILL SUPPORT WHERE THEY'RE ASKING, WHICH IS WHAT WE'VE BEEN WELL, EXACTLY WHAT HAPPENED WITH MR. WARD, UM, WHO WAS IN VERY, VERY, UM, PROFESSIONAL, BUT HE CLAIMED THAT HE SENT ALL THIS EMAILS.
THE ONLY THING THAT HE DIDN'T DO WAS SUBMIT DOCUMENTS, BUT TONIGHT, SO THAT'S A LITTLE BIT, UM, SO WE NEED TO INCORPORATE THAT STILL.
I THINK, UH, I THINK IT CAN BE BOTH.
I THINK CLARITY OF WHEN THEY ARE GOING UP TO TALK IT'S AIR, PROMPT THEM, HOW WE PROMPT THEM.
AND THEN ALSO A CLEAR PIECE OF INFORMATION THEY RECEIVE WITH THE NOTICE OF THE HEARING THAT SAYS YOU SHOULD BE PREPARED TO PROVIDE EVIDENCE, TO GIVE A FIVE MINUTES TO ASK CLEARLY FOR WHAT YOU BELIEVE TO THE COMMISSION SHOULD RULE.
UM, I THINK THAT COULD EXPEDITE A LOT OF THE QUESTIONING THAT WE HAVE TO DO TO DRAW OUT WHAT, WHAT DO YOU WANT? AND THOSE KINDS OF REPETITIVE THINGS THAT WE DO.
UM, AND IN THOSE, BOTH THOSE DOCUMENTS AND THROUGH THE, THE DAY OF THE PRESENTATION, THEY COULD BE REMINDED IN THOSE CIRCUMSTANCES WHERE IT'S A PRIVATE OWNER, THAT THE COST OF REPAIR OFFSETS THE COST OF THE PENALTY.
SO IN THIS CASE, WITH THIS LAST ONE, AS LONG AS THE, THESE DIDN'T ADD UP TO OVER $7,000,
[03:20:01]
THEY WOULDN'T HAVE HAD TO PAY ANY PENALTIES.I DON'T THINK THAT WAS CLEAR TO THEM, BUT UNDERNEATH.
THERE'S SOME EDUCATIONAL COMPONENT.
UM, IF IT DOESN'T CREATE A HARDSHIP, I DON'T EVEN KNOW IF IT CREATES ANY HARDSHIP ON STAFF TO ASK FOR.
THEY SAID, MISSIONAL, UH, YOU WANT IT IN THE FORM OF A HANDOUT OR SOMETHING THAT WOULD BE ATTACHED TO THE NOTICE OF HEARING.
WE HAVE A LIST OF, UH, ATTACHED TO THE NOTICE ALREADY.
WE HAVE ABOUT A THREE OR VISIT A THREE PAGE FOUR PAGE DOCUMENT.
THAT'S MY FEAR IS WE'RE JUST GOING, OH, TINY.
PARDON ME? YOU TURN ON YOUR, NO.
UM, SO UNLESS WE AGREE TO EXTEND THE MEETING, WE HAVE TO GO REALLY FAST, LIKE IN.
SO, UM, WOULD ANYBODY LIKE TO MOVE FOR US TO EXTEND THIS MEETING FOR ABOUT AN MORE MINUTES? THANK YOU.
UH, DO WE HAVE A SECOND ON THAT? IS EVERYBODY IN AGREEMENT? I'LL I'LL SECOND.
ARE WE ALL IN AGREEMENT? THANK YOU.
UM, MS. ALLIE POLICE FINISHES.
SO THE NOTICE IS TWO TO THREE PAGES, AND THEN WE HAVE SEVERAL PAGES OF ATTACHED, UM, RESOURCES FOR, UM, PEOPLE WHEN THEY ARE TRYING TO MAKE REPAIRS, THEIR COMMUNITY RESOURCES.
UM, SO THAT MADAM CHAIR, WE'RE NOT POSTED TO DISCUSS THE NOTICE.
SO WE'RE ABLE TO DISCUSS FUTURE AGENDA ITEMS AND SUGGESTIONS, BUT WE'RE NOT ABLE TO TAKE ANY ACTIONS OR HAVE STAFF DO ANYTHING BECAUSE WE'RE NOT POSTED FOR, WE'RE NOT TRYING TO TAKE ANY ACTION.
WE'RE TALKING ABOUT THE OBJECTIVES FOR THE RIGHT.
WE'RE NOT OPPOSED TO, UH, YEAH, I THINK I'M SURE IF I MAY, I THINK WE'RE, WE'RE POSTED TO DISCUSS WHAT GOES IN THE ANNUAL INTERNAL REVIEW.
SO WE'RE, I THINK WE CAN DISCUSS IF WE'RE GOING TO INCLUDE SOMETHING IN THAT WE CAN DISCUSS THAT.
I THINK THAT THAT'S PRETTY CLEAR.
SO WE WOULDN'T DISCUSS THE MINUTIA OF THE D OF THE NOTICES.
I THINK WE HAVE ENOUGH AND WE CAN DISCUSS THAT IN FUTURE.
I JUST WANTED TO POINT OUT THERE IS LANGUAGE AT THE END OF THE THING THAT'S MAILED TO THEM.
IT SAYS, UM, IF YOU WANT TO APPEAL YOUR APPEAL, YOU HAVE 20 DAYS.
IT SHOULD CONTAIN A STATEMENT AS TO WHY THE VIOLATION IS BEING APPEALED.
ANY FACTS THAT SUPPORT THE APPEAL AND SCRIPT, YOU KNOW, IT HAS LIKE A CONCISE LIST OF THINGS.
AND MAYBE THAT'S THE THING THAT NEEDS TO BE IN RED, BUT MAYBE WE COULD LOOK AT THAT NEXT TIME AS AN ITEM.
THEN IF WE TIE BACK INTO THE ANNUAL REPORT, IS THAT THE COMMISSION WITH SAP WOULD REVISIT ANY, CAN WE DO THAT? REVISIT THE GOAL.
COMMUNICATIONS WITH YOU, THEN THE AUDIT YOU COULD HAVE, IF YOU WANT MELANIE TO PROVIDE A DRAFT NOTICE WITH THE DRAFT AUDIT, SHE'S GOING TO SHOW YOU NEXT MONTH.
UM, SO DID WE HAVE ANY CLEAR OBJECTIVES THAT YOU WERE ABLE TO GET SEVERE, ABLE TO PUT DOWN? OKAY.
HOW MANY CASES HAVE BEEN RESOLVED SUCCESSFULLY? HOW LONG ON AVERAGE DO REPEAT OFFENDER CASES STAY OPEN? UH, LIKE MORE THAN ONE YEAR, TWO YEARS, THREE YEARS, UH, PRIORITIZE CASES, UH, AS IT'S WRITTEN IN LAST YEAR'S REPORT, WHICH WAS STAFFOLD PRIORITIZE, REPEAT OFFENDER, WROTE CASES, DANGEROUS CASES AND OLD CASES.
AND WE'LL INCLUDE SUCH CASES ON THE REGULAR BSE AGENDA.
UM, THAT WAS THE ONLY ONE OF LAST YEAR'S, UH, GOALS THAT YOU IDENTIFIED.
UM, AND THEN I'M NOT REALLY SURE HOW YOU WANT TO WORD THIS, THIS GOAL THAT WE WERE JUST DISCUSSING.
I'M NOT REAL CLEAR ON THAT, BUT I CAN DRAFT SOMETHING AND, OKAY.
WELL, THERE WAS ONE ON LAST YEAR WHERE YOU SAID THAT THE COMMISSION WOULD PROVIDE CLARITY TO THE CITIZENS.
SO YEAH, I, I THINK WE EDUCATE THEM OF THEIR RIGHTS AND OBLIGATIONS, BUT WE'RE NOT RESPONSIBLE FOR THAT IN A WAY, OTHER THAN WHAT WE'VE ALREADY DISCUSSED TO PROMPT THEM.
I CAN PROMPT THEM WHILE THEY'RE ALREADY HERE.
THEY PROPOSE THAT FOR A FUTURE AGENDA ITEM.
AND SO WE ARE POSTED FOR IT BECAUSE I, I, WHAT I'M HEARING
[03:25:01]
IS I THINK WE MAY OR MAY NOT, UM, AGREE THAT ADDITIONAL PAPER WOULD BE HELPFUL.UH, IT MIGHT BE THAT IT WOULD NOT BE, BUT I DON'T THINK IF WE WERE TO, AS A COMMISSION SORT OF TAKE A MONTH AND EACH OF US GO TO NEUTRAL CORNERS AND KIND OF LOOK AT WHAT WE'RE SENDING THE FOLKS WOULD A LITTLE INFOGRAPHIC, A LITTLE, ONE PIECE OF PAPER, YOU KNOW, MAYBE IT'S GREEN OR BLUE.
AND THEN IN BIG LETTERS, IF YOU WANT 90 MORE DAYS, BRING THE THING.
BUT FROM YOUR BANK STATEMENT, FROM YOUR, YOU KNOW, IF YOU WANT THE CASE DISMISSED, PLEASE BRING EVIDENCE OF, YOU KNOW, SO THAT THE TWO OR THREE MAJOR THINGS THAT PEOPLE MOST OFTEN ASK FOR THERE'S, THERE'S JUST A REALLY CLEAR ROADMAP TO WHAT THEY NEED TO BRING.
AND OF COURSE, THAT'S NOT GOING TO REACH SOME RECALCITRANT CASES OR IT'S NOT GOING TO REACH THE PEOPLE WHO WANT SOME DIFFERENT RELIEF, BUT IT MAY BE THAT, YOU KNOW, HAS THE POTENTIAL TO, UH, ENHANCE EFFICIENCIES ON SOME PERCENTAGE OF WHAT COMES BEFORE.
I THINK I AGREE WHEN I POSTED IT TO DISCUSS THAT IN DETAIL THIS EVENING, BUT MAYBE I CAN PROPOSE THAT FOR SOMETHING WE DISCUSS NEXT MONTH.
I DON'T KNOW IF WE NEED TO DISCUSS, WE SHOULD.
UM, I THINK THOSE ARE THE OBJECTIVES.
THE, THE ONLY OTHER THING I WANTED TO SEE ON THE REPORT WAS HOW OFTEN, OH, HOW MANY CASES WE CONTINUED RATHER THAN TOUCHED IT ONCE.
SO, UM, WILL THAT BE POSSIBLE TO HAVE ON THAT REPORT OR CONTINUED OR, UM, AND, OR HEARD A SECOND HEARD MORE THAN ONCE DURING THAT PERIOD.
SO WE'RE LOOKING AT THE PERIOD FROM JUNE, NO JULY OF LAST YEAR TO JUNE OF THIS YEAR.
I THINK WE ACTUALLY CAN CLOSE THE MEETING.
WELL, JUST REAL QUICK, IF THE GOAL IS THESE FIVE GOLDEN ITEMS, DID WE ACCOMPLISH THOSE GOALS? DID THE LAST YEAR, OR ARE WE MORE, WE HAVE MORE EDUCATED IN THE MOTION MAKING PROCESS OR DO WE WANT TO KILL SOME OF THESE BULLETS? IF MEAN, IF WE'RE NOT GOING TO TAKE ACTION ON THEM, WHERE ARE THEY ON THEIR LAST YEAR, BUT WE'RE GOING TO CARRY SOME OF THESE FORWARD ONLY ONE ONLY ONE.
SO WE'RE NOT GOING TO DO A RETREAT.
IT DOESN'T MEAN THAT YOU CAN'T DO A RETREAT.
AND THEN I THOUGHT THE LAST TWO WERE, WE'RE GOING TO KEEP THOSE TWO, RIGHT? I THINK I HEARD THAT EARLIER ON, WELL, YEAH, THE, THE, THE FOURTH AND FIFTH, THE FOURTH ONE.
YES, THE FIFTH ONE IS THE ONE WHERE WE'RE GOING TO DISCUSS IT NEXT AT THE NEXT MEETING AS A DIFFERENT AGENDA ITEM AND KEEP THE FIRST ONE, I THOUGHT THE RETREAT WAS HELPFUL THAT DAY WE GOT TOGETHER AND SPENT, YEAH, YOU SHOULD PROPOSE THAT.
I MEAN, SHE CAN ADD ANYTHING LIKE EVERYBODY GOOD WITH THAT.
AND, UM, AS FAR AS THE MOTIONS, UM, ATTORNEY CURRY REMINDED US THAT WE DO HAVE THAT DOCUMENT THAT HELPS US TO MAKE MOTIONS OR REMEMBER HOW TO WORD, YOU KNOW, THE MOTION.
SO THAT'S ALREADY IN OUR, UM, IN OUR DOCUMENTS, THE MATERIALS THAT THEY PROVIDE, IS THAT WHAT YOU MEANT? UM, SO I, YOU KNOW, I'M NOT USED TO IT YET, BUT I'LL PULL IT UP NEXT TIME.
UM, I THINK THAT'S ALL DID WE WANT TO, DID WE WANT TO DISCUSS ANYTHING FOR PABLO YES.
COMMISSIONER AVILA'S, UM, FAMILY.
I HAVE NOT BEEN IN TOUCH WITH, UM, CAUSE I DON'T REALLY KNOW THE FAMILY, BUT UM, DO WE, DO WE HAVE ANY, YEAH.
DO WE HAVE ANY INFORMATION YET ON THE MEMORY? OKAY.
I WAS GOING TO SUGGEST THAT WE DO SOMETHING AS A UNITED FRONT, UM, IF POSSIBLE, AND OF COURSE IT'S OPTIONAL, WHOEVER WANTS TO CONTRIBUTE OR BE PART OF THAT.
UM, BUT HOW DO WE GET, UH, THE INFORMATION AND THE MEMORIAL SERVICE, OR WOULD YOU BE ABLE TO HELP US IF WE WERE TO CONTRIBUTE, UH, SOMETHING, WHAT WOULD YOU BE ABLE TO HELP US TO GET THAT TO THE FAMILY? I'M STILL TRYING TO DETERMINE THAT I DID SPEAK TO THE CLERK'S OFFICE TODAY.
THEY WERE NOT, THEY SAID THERE WAS NOTHING FORMAL AS FAR AS WHAT WAS ALLOWED OR NOT ALLOWED.
UM, SO THERE'S THE OPTION OF A BUDGET.
OH, I NEVER THOUGHT THAT SIN FLOWERS FROM THE COMMISSION.
IS THAT NOT? NO, I THINK, I THINK WE SHOULD JUST DO THAT AS A GROUP OURSELVES.
THAT MAKES MORE, I THINK THAT THAT'S WHAT I HAD IN MIND, BUT YEAH, I THINK THAT IT'S JUST FAMILY, HASN'T GOT THEIR MEMORIAL FIGURED OUT YET ONLY AT, WOULD YOU BE ABLE TO EMAIL US? UH, MAYBE
[03:30:01]
THEY HAVE SOME TIMES THEY'D HAVE A PUBLIC PAGE WHERE WE CAN ACTUALLY GO INDIVIDUALLY, BUT I JUST THOUGHT IT'D BE NICE AS A GROUP.AS OF TODAY, THERE WAS NOTHING ONLINE.
UH, WE PROPULSION AT THE NEXT MEETING, HONORING HIS SERVICE TO THE, THIS COMMISSION.
WHERE, YEAH, WE'RE AT THE TIME I THINK THAT'S SOMETHING WE COULD DO NEXT MEETING IS 30 DAYS, DAYS OUT.
UH, I MEAN WITH JUST A RESOLUTION, WHEREAS MR. NAVILA DID THIS AND THIS AND THIS AND THERE, WHEREAS, AND THEREFORE LET US, YOU KNOW, HONOR SERVICE.
JUST, UH, FOR LEGAL DO, UM, DO WE, WILL WE RUN A FOUL OF QUORUM RULES FOR ALL OF THE SERVICE? HOW DO WE GET AROUND THAT? UM, FOR ATTENDING THE SERVICE.
UM, SO THIS PARTICULAR QUESTION, I'M GOING TO, UH, TALK WITH OUR BOARD AND COMMISSION LEE, UM, LIKE LEGAL EXPERT AND I WILL HAVE MELANIE SEND YOU ALL THE RESPONSE.
UM, IT MIGHT BE OKAY TO ATTEND AND NOT SPEAK TO EACH OTHER.
UM, I KNOW THAT WOULD BE KIND OF AWKWARD, BUT I WILL, UH, FOLLOW UP WITH, UH, MELANIE WITH THAT.
IT MIGHT BE LIKE MAYBE ARRIVING IN SEPARATE GROUPS OR NOT GATHERING TOGETHER, BUT OKAY.
UM, WE ONLY HAVE TWO MORE MINUTES BUILT IN, UH, MENTION THAT.
THERE'S JUST NO GUARANTEE THAT HIS SERVICES WILL BE HERE IN TOWN.
I BELIEVE HE WAS FROM, UH, CRYSTAL CITY, ISABELLA AND UM, I MEAN, YOU KNOW, JUST, IT WOULD MAKE SENSE IF, YOU KNOW, HE RETURNED THERE.
HERE IS, UH, AN ARTICLE ONLINE ABOUT HIS PUBLIC SERVICE THAT COMMISSIONER STOWS DAD SENT TO ME.
AND I DON'T BELIEVE YOU ALL GOT COPIED ON IT BECAUSE YOU'RE A BCC.
I WILL SEND IT TO ALL OF YOU TOMORROW.
THE BASIS FOR THE RESOLUTION PARKER.
HE SAID ORACLE IS A BASIS FOR THE RESOLUTION THAT WE SUBMIT.
WELL, SO WHAT I SAID WAS HE PARTICIPATED IN AN INTERVIEW WITH, I THINK IT MIGHT'VE BEEN TCU FACULTY ABOUT, UM, UH, AN ORAL HISTORY PROJECT WHERE HE GAVE, UH, HE'S HAD FOR A ONE HOUR INTERVIEW ABOUT SOME OF HIS EARLY ACTIVISM INVOLVEMENT IN POLITICS.
AND, UH, OF COURSE HE WAS THE IB COUNTY JUDGE FOR THE ISABELLA FOR, I THINK 26 YEARS.
SO A FERMENTABLE PUBLIC SERVICE RECORD BEFORE HE CAME HERE.
UH, SO THERE'S CERTAINLY, THERE'S CERTAINLY SOME GRIST THERE FOR, FOR USE IN A RESOLUTION.
I DON'T KNOW IF IT WOULD BE A NOD ON ITS OWN, BUT I DO COMMEND IT TO EVERYONE'S ATTENTION IF, IF, UM, A COORDINATED ALLIE COULD SERVE CIRCULATE DONE.
WELL, WE'LL TAKE A LOOK AT IT.
[FUTURE AGENDA ITEMS]
AGENDA ITEMS. DO WE HAVE ANYTHING, SO I HAVE THAT YOU WANT TO DISCUSS FURTHER THIS ONE, UH, GOAL AND OBJECTIVE THAT YOU WERE SPEAKING ABOUT FOR THE ANNUAL INTERNAL RE REVIEW REPORT.AND, UM, DID YOU WANT TO PROPOSE A RESOLUTION NEXT MONTH? WAS THAT ANOTHER THING THAT YOU, THOSE ARE THE ONLY TWO THINGS I HAVE AND THEN WE NEED TO DISCUSS THE ANNUAL INTERNAL REVIEW REPORT AGAIN BECAUSE IT'S DUE AT THE END OF JULY.
SO JUST FINALIZE IT AND THEN I'LL BRING A DRAFT AND YOU CAN ALL LOOK AT IT AND OKAY.
UM, SO THE MEETING IS ADJOURNED.
I WANTED TO SHOW THEM SOMETHING.