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[00:00:01]

THIS IS THE NOVEMBER 2ND, 2023 HEARING OF THE CITY OF FERNANDINA BEACH.

CODE ENFORCEMENT AND APPEALS BOARD MEETING IS NOW CALLED TO ORDER.

THE CLERK PLEASE CALL THE ROLL.

. WE HAVE MORE THAN A QUORUM.

WE DON'T NEED TO SEEK ALTERNATES AT THIS POINT.

CAN WE ALL RISE FOR THE PLEDGE OF ALLEGIANCE? ALLEGIANCE].

IS EVERYONE HAD AN OPPORTUNITY TO TAKE A LOOK AT THE MINUTES OF OUR LAST MEETING?

[3. APPROVAL OF MINUTES]

YES, SIR.

ARE THERE ANY SUGGESTED CHANGES? SIR. MOTION TO APPROVE.

I HEAR A MOTION TO APPROVE.

THERE'S A SECOND. ALL IN FAVOR? AYE. CARRIES.

ARE THERE ANY CHANGES TO THE AGENDA? NO, SIR. OKAY.

THE BOARD ATTORNEY, PLEASE DESCRIBE THE QUASI JUDICIAL HEARING THAT WE'RE IN, AND I'M HAPPY TO DO THAT ARE WE ACTUALLY CONDUCTING A HEARING TODAY? BECAUSE I DON'T RECALL.

YES. OKAY.

WE'RE LOOKING AT.

ALL RIGHT. OKAY.

SO WE HAVE ONE CASE ON THE AGENDA, AND THE BOARD WILL BE CONDUCTING A QUASI JUDICIAL HEARING.

WHAT THAT MEANS IS FIRST, MR. WELLS AND OR MS. FORSTROM CODE ENFORCEMENT WILL MAKE PRESENTATIONS, INTRODUCE EVIDENCE INTO THE RECORD.

THEY WILL TAKE AN OATH.

THEY'RE TESTIFYING AND THE RECORD KEEPING IS AN AUDIO AND VISUAL RECORDING OF THE PROCEEDINGS.

SO AFTER THE CODE OFFICERS PRESENT THEIR CASE, THEY CAN CALL WITNESSES.

I DON'T BELIEVE THEY HAVE ANY FOR THIS CASE, BUT THEY MAY CALL WITNESSES.

THEN THE RESPONDENT WILL COME TO THE PODIUM, STATE YOUR NAME AND ADDRESS, AND YOU WILL BE ABLE TO PROVIDE TESTIMONY AND EVIDENCE INTO THE RECORD.

YOU CAN ALSO ASK THE CITY QUESTIONS.

YOU CAN CALL YOUR OWN WITNESSES AFTER THE RESPONDENT PRESENTS EVIDENCE AND TESTIMONY INTO THE RECORD, THEN AFFECTED PARTIES, WHICH MEANS THAT YOU ARE A RESIDENT OF THE CITY OF FERNANDINA BEACH.

COME TO THE PODIUM.

STATE YOUR NAME AND ADDRESS.

YOU ARE NOT LIMITED BY THE AMOUNT OF TIME THAT YOU GET TO SPEAK.

AND BY THE WAY, EVERYBODY, INCLUDING THE CODE OFFICERS, WILL TAKE AN OATH IF YOU INTEND TO SPEAK.

AND THE RECORDING SECRETARY, MRS. NEWTON, WILL PROVIDE THAT IN JUST A FEW MINUTES AFTER AFFECTED PARTIES TESTIFY.

OF COURSE, AFFECTED PARTIES HAVE THE SAME RIGHTS.

YOU CAN CALL WITNESSES, YOU CAN CROSS EXAMINE, YOU CAN ASK QUESTIONS OF THE RESPONDENT OR THE CODE OFFICERS.

THE BOARD, OF COURSE, IS GOING TO ASK QUESTIONS DURING THE PROCEEDINGS TOO.

AND THAT CAN BE DONE REALLY IN ANY ORDER THAT THE BOARD WISHES AND THROUGH THE CHAIR.

IF THERE IS A DECISION THAT'S MADE TONIGHT THAT A PARTY WISHES TO APPEAL, THAT APPEAL GOES TO THE CIRCUIT COURT.

WITHIN 30 DAYS OF THIS BOARD'S ORDER, THE CHAIR OF THE BOARD SIGNS FINDINGS OF FACT AND CONCLUSIONS OF LAW, ALSO CALLED THEIR ORDER ABOUT 3 TO 5 BUSINESS DAYS AFTER THE MEETING.

SO ABOUT 35 DAYS FROM NOW IS BASICALLY THE STATUTE OF LIMITATIONS.

NO APPEAL AFTER THAT TIME.

SO DID I MISS ANYTHING? EX PARTE COMMUNICATIONS, DON'T FORGET TO DISCLOSE ANY OF THOSE AND DON'T FORGET THE OATH.

SO DOES ANY BOARD MEMBER HAD ANY EX PARTE CONVERSATIONS CONCERNING THIS MATTER, EITHER FROM THE LAST HEARING OR TO THIS HEARING? NO. SECRETARY, PLEASE SWEAR IN ANYONE WHO IS GOING TO TESTIFY.

ANYONE WHO PLANS ON SPEAKING TONIGHT, PLEASE STAND UP.

RAISE YOUR RIGHT HAND.

DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY AND OR EVIDENCE YOU ARE ABOUT TO GIVE OR PRESENT IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES. YOU MAY BE SEATED.

[4.1 LOS ARRAYANES INC., 530 CENTRE ST., CASE NO 2023-0132. ]

THE FIRST CASE IS LOS ARRAYANES INC., 530 CENTRE STREET.

UNDER 2 VIOLATIONS OF THE CITY CODE 42-42 NUISANCES PROHIBITED AND THE LAND DEVELOPMENT CODE 701.04 PARKING STANDARDS.

CODE ENFORCEMENT OFFICER HAS DETERMINED THAT THE PARTIES HAVE NOT COME INTO COMPLIANCE.

THIS WAS HEARD ON AUGUST 3RD.

[00:05:02]

MR. WELLS, WOULD YOU LIKE TO PROCEED? YES. GOOD EVENING.

BOARD. GEORGE WELLS, CODE ENFORCEMENT OFFICER, CITY OF FERNANDINA BEACH.

AT THIS TIME, I'D LIKE TO SUBMIT ANY ADDITIONAL EVIDENCE INTO THE RECORD THAT WE HAVE PRESENTED.

OKAY. IF THAT'S AGREEABLE WITH YOU? USE EVIDENCE CONTAINED IN THE BOARD AGENDA AND PACKET.

ARE THERE ANY OBJECTIONS TO THAT? HEARING NONE THAT THE AGENDA IS IN EVIDENCE.

WELL, WE ARE HERE ACCORDING TO YOUR.

I CAN'T THINK OF THE WORD.

YOUR RECOMMENDATION TO COME BACK IN 60 DAYS, OCTOBER 2ND.

WAS THERE ACTUALLY COMPLIANCE DATE? WE ARE HERE TODAY TO VISIT WHERE THEY ARE RIGHT NOW.

THEY HAVE, IN MY OPINION, HAVE THEY HAVE COME INTO COMPLIANCE THIS WEEK.

WE DO HAVE A PERIOD OF TIME BETWEEN OCTOBER 2ND AND THIS WEEK WHEN THEY CAME INTO COMPLIANCE.

I DO HAVE SOME PICTURES OF WHAT THEY WHAT THEY'VE DONE.

THEY HAVE SHIELDED ALL THE LIGHTS.

NOW THESE PICTURES HERE ARE NOT REALLY INDICATIVE BECAUSE THESE THE CAMERA PICKED UP THESE BLURS HERE.

BECAUSE REALLY WHEN YOU'RE IN PERSON YOU DON'T SEE THIS.

AND ALL THIS LIGHT IS ON THE PROPERTY.

AND WE'LL GO TO THE NEXT PICTURE.

YOU CAN SEE THE SHIELDING THAT THEY PUT THEY ALMOST ALL THESE LIGHTS ARE ALMOST 90 DEGREE AND THEY PUT THE SHIELD IN FRONT OF IT THAT YOU CAN'T SEE THE BULBS THAT'S ON THE ACCESSORY STRUCTURE, THE LEFT REAR ON THE ACCESSORY.

THIS IS THE RIGHT OF THE ACCESSORY STRUCTURE.

THIS IS ON THE BACK LEFT REAR OF THE BACK OF THE BUILDING.

YOU CAN SEE THE SHIELD DIDN'T TURN DOWN AND THIS IS THE RIGHT REAR, WHICH I TOOK THE PICTURE UNDERNEATH IT AND YOU CAN SEE THE SHIELDING ON THESE. SO IN MY OPINION, I FEEL THEY'RE IN COMPLIANCE BECAUSE THE LIGHT IS REMAINING ON THE PROPERTY.

BUT LIKE WE SAID, YOU GIVE THEM UNTIL OCTOBER 2ND TO COME INTO COMPLIANCE.

AND LIKE I SAID THIS WEEK, THEY CAN TESTIFY EXACTLY WHEN THEY FINISHED THE SHIELDING.

BUT THAT WOULD BE YOUR RECOMMENDATION AS FAR AS WHETHER YOU FIND.

OF COURSE YOU FOUND THEM IN VIOLATION.

BUT WHETHER YOU WANT TO PRESENT A FINE AND MAYBE THE ADMINISTRATIVE FEES BE ASSIGNED ALSO .

THE ADMINISTRATIVE FEES AS OF TODAY ARE $376.46 AS OF TODAY.

THE ORIGINAL RECOMMENDATION WAS $100 A DAY.

I KNOW IN YOUR SUMMARY PACKET, I THINK IT SAYS $150 A DAY, BUT THAT WOULD BE THAT'S AT YOUR DISCRETION AND YOUR DECISION ON THAT.

BUT LIKE I SAID, IN MY JUDGMENT, I FEEL THE LIGHT IS STAYING ON THE PROPERTY.

AND WE DO HAVE SOME RESIDENTS HERE THAT MAY WANT TO TESTIFY.

AND SO, MR. WELLS, AS THE CODE ENFORCEMENT OFFICER FOR THIS.

YOU FOUND THEM TO BE IN COMPLIANCE WITH 7.0104(C)5.

THAT'S CORRECT. AND SINCE THAT'S CORRECT, THERE'S NO LONGER A NUISANCE ON THAT.

SO THE CITY REST.

RESPONDENTS WANT TO SAY ANYTHING AT THIS POINT? ANYONE ELSE WHO HAS BEEN SWORN IN WANT TO SAY ANYTHING.

MOVE.

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

CERTAINLY. MY NAME IS FRANK POSTMA.

WE ARE RENOVATING A HOUSE RIGHT ACROSS THE STREET AT 12 SOUTH SIXTH STREET.

WE HOPE TO BE IN THERE NEXT MONTH.

A LITTLE BIT OF BLESSINGS.

SO A FEW YEARS AGO, MY WIFE AND I DECIDED TO MOVE DOWN HERE AND SHE KIND OF WON THE ARGUMENT.

I WANTED TO MOVE TO ALASKA.

[INAUDIBLE] SO, YOU KNOW.

YOU STILL MARRIED? WE'LL CALL IT A COMPROMISE.

I ENDED UP IN FLORIDA, BUT SINCE SHRIMP FEST, I'VE KIND OF LIVED IN THE LAND OF THE MIDNIGHT SUN, TO BE HONEST WITH YOU.

SO I GOT MY HALF OF MY WISH, IT'S BEEN PRETTY UNBEARABLE.

AND THE PICTURE THAT'S BEHIND US, I THINK, DOES A LITTLE BIT OF MISJUSTICE IN THAT THE BORDER THERE IS PAINTED BRIGHT WHITE, SO IT'S ACTUALLY A GLOSSY WHITE.

[00:10:04]

SO I BROUGHT SOME PICTURES KIND OF A TIMELINE, ACROSS.

DO YOU HAVE ANY OBJECTIONS? NO, I DO NOT. OKAY.

SO ON THE LAST PAGE YOU CAN SEE WHAT IT LOOKED LIKE LAST NIGHT.

THE BLOCKAGE WENT INTO EFFECT I THINK NOVEMBER 1ST OR SECOND.

SO THESE WERE TAKEN LAST NIGHT.

THE LAST ONE IS IT GOES ACROSS THE FIRST ONE.

MR. WELLS, WHEN WAS THIS PICTURE TAKEN? THIS ONE WAS TAKEN THIS MORNING AT 7:16 THIS MORNING.

THE OTHER THING I WOULD LIKE TO PUT OUT IS AT 7:16 IN THE MORNING.

THOSE LIGHTS STAY ON ALL NIGHT.

THEY'RE NOT ON A TIMER.

SO, YOU KNOW, I MEAN, IT WAS ONE DAY I CAME BACK AND ACTUALLY FOUND A LARGE TURTLE IN MY FRONT YARD.

MY FIRST THOUGHT, OF COURSE, IS, YOU KNOW, DID WE HAVE A SEA TURTLE TRYING TO NEST THERE? THANKFULLY, IT WAS JUST PJ DAVE'S, TORTOISE THAT GOT LOOSE AGAIN, SO I GAVE HIM BACK.

BUT, YOU KNOW, TO BE HONEST WITH YOU, WHEN YOU SIT ON MY FRONT PORCH, YOU BROUGHT A FLASHLIGHT TO KIND OF GIVE YOU AN IDEA OF WHAT WE'RE DEALING WITH.

AND THIS IS WHAT IT LOOKS LIKE AS I'M LOOKING OUT.

I MEAN, MY WIFE AND I HAVE BEEN PRACTICING ABOUT FIVE HOURS A DAY TO GET USED TO THIS, BUT WE'D REALLY LIKE TO HAVE A MUCH MORE PLEASANT EXPERIENCE IN OUR HOUSE.

AND THAT'S ABOUT IT ALL I HAVE TO SAY.

MR. WELLS, ANY RESPONSE? I WOULD IF I COULD ASK ONE OF THE RESPONDENTS TO COME TO THIS STAND.

YOU CAN BE YOUR WITNESS.

GOOD EVENING EVERYONE. MY NAME IS JORGE LOPEZ AND WE HAVE THE BUSINESS ON 530 CENTRE STREET.

WELL, WE WERE TRYING TO WORK WITH OFFICER WELLS FOR THE LAST COUPLE OF MONTHS, AND.

WE UNDERSTAND THE LIGHTS HAS BEEN VERY BRIGHT, BUT AT THE SAME TIME WE, LIKE WE SAY THE LAST TIME, WE WANT TO MAKE SURE THE EVERYONE IS SAFE AND ON OUR PROPERTY. AND I DON'T KNOW IF YOU HEAR ABOUT WHAT HAPPENED LIKE A FEW WEEKS AGO, AND IT'S PROBABLY ON THE POLICE DEPARTMENT RECORDS, THIS GUY CAME AND STARTED DESTROYING ALL THE PROPERTY BEHIND THE RESTAURANT.

SO I SENT SOME PICTURES AND VIDEOS TO OFFICER WELLS.

AND I MEAN, WE'RE TRYING TO FIX THE ISSUE WITH THE BRIGHT LIGHTS, BUT I GUESS WE HAVE TO, AS THE NEIGHBORS SAY, THEY'RE HAPPY WITH THE RESULTS OR WE HAVE TO DO SOMETHING ELSE.

CAN YOU TELL US AT YOU HAVE AS FAR AS YOU HAVE THEM ON A TIMER OR ALL OF THEM ON A TIMER, ONLY THE ONE ON TOP OF THE STORAGE.

THAT'S THE ONLY ONE THEY KEEP ON ALL NIGHT.

THE OTHER TWO LIGHTS ON THE CORNER, THEY STAY OFF AROUND 11, I BELIEVE.

OKAY. AND IS THAT GOING TO BE YOUR METHOD GOING FORWARD? ARE YOU GOING TO KEEP THOSE TWO ON ALL NIGHT LONG, AND THE OTHER TWO WILL BE CUT OFF BY A TIMER AT 11? THAT'S THE IDEA, BUT WE'RE HERE TO DISCUSS IDEAS, AND TRYING TO MAKE A SOLUTION FOR THIS SITUATION.

OKAY. OFFICER WELLS, WHAT DOES THE CODE SAY? I HAVE IT. OH SORRY.

WELL, ACTUALLY, CODE SAYS TWO DIFFERENT THINGS, WHICH IS INTERESTING, BUT C5 FIVE SAYS ALL LIGHTING SHALL BE DESIGNED, ARRANGED AND CONSTRUCTED SUCH THAT NO SOURCE OF SUCH LIGHTING IS VISIBLE FROM ANY ADJOINING OR NEARBY PROPERTY USED OR ZONED FOR RESIDENTIAL PURPOSES.

MR. WELLS, YOU TESTIFIED THAT THERE ARE IN COMPLIANCE.

YEAH, I FEEL THAT THE LIGHTING ALONG WITH THAT IT HAS TO REMAIN ON THEIR PROPERTY.

AND I FEEL THAT THAT IS THE CASE IN THIS.

ACCORDING TO YOUR RECOMMENDATIONS, WE MET WITH THE THE MANAGER AND HIS AND I BELIEVE YOURSELF THAT NIGHT ME AND MISS FORSTROM MY DIRECTOR, WE MET WITH HIM ON AUGUST 7TH AND SHE CAME UP WITH SOME GOOD SOLUTIONS AS FAR AS SHIELDING.

AND THEY WERE VERY AGREEABLE WITH THAT, TO GET IT DONE.

THEY DIDN'T KNOW EXACTLY WHAT THEY WERE GOING TO DO, BUT I THINK THE SOLUTION THEY COME UP WITH WAS A GOOD ONE.

IT'S JUST IT'S A HARD CASE BECAUSE, I MEAN, IT'S NOT GOING TO BE COMPLETELY BLACK BACK THERE.

IT'S NOT GOING TO BE DARK.

I MEAN, IT'S THE LIGHTS ARE LIGHTS, BUT THEY'RE EVEN THOUGH THIS IS NOT A GOOD REPRESENTATION BECAUSE THOSE ORBS THAT YOU SEE ON EACH, YOU DON'T SEE THOSE ACTUALLY IN

[00:15:08]

PERSON. YOU SEE THE LIGHT HITTING THE GROUND, BUT I DON'T BECAUSE YOU CAN'T SEE THE BULBS BECAUSE THE SHIELD HAS BEEN FOLDED OVER IT.

SO YOUR TESTIMONY IS IT'S NOT VISIBLE FROM RESIDENTIAL PROPERTY.

RIGHT BUT YOU CAN SEE THE LIGHT ON THE GROUND BECAUSE IT IS YOU KNOW, THE LIGHT DOES STAY ON THEIR PROPERTY LIKE BEFORE.

YOU CAN READ THE NEWSPAPER ON THESE RESIDENCES FRONT PORCH.

IT WAS THAT BRIGHT AND IT'S NOT THAT WAY NOW.

CAN I SAY SOMETHING? I WAS THERE THIS MORNING AT 5:15 AND THOSE LOOKED VERY GOOD TO ME, WELL INTO COMPLIANCE.

I THINK ANOTHER ISSUE IS THAT WE HAVE STREET LIGHTS THAT MAY BE MAKING THIS SITUATION EVEN WORSE.

WE COUNTED THEM ON THE WAY IN HERE.

THERE MUST BE FOUR STREET LIGHTS ON THAT STREET.

AND THEY ARE ALSO VERY BRIGHT, THE STREET LIGHTS THEMSELVES.

BUT AS FAR AS THOSE LIGHTS GO, I THINK THEY'RE WELL INTO COMPLIANCE.

WELLS SO BASED ON YOUR ASSESSMENT, THIS NO LONGER CONSTITUTES A NUISANCE EITHER.

NO, SIR. I BELIEVE THE NUISANCE HAS BEEN CORRECTED.

SIR HOW HOW MUCH? HOW MANY PEOPLE DID YOU HAVE TO CONTACT? CONTRACTORS, LIGHTING CONTRACTORS, WHATEVER TO TAKE A LOOK AT HOW WE WOULD MODIFY THE LIGHTS? WELL, WE JUST TALKED TO A COUPLE AND WE JUST DECIDED THE BEST SOLUTION THAT THEY GAVE US AND BUT I WOULD LIKE TO INVITE YOU TO PROBABLY TONIGHT JUST GO AND CHECK BY YOURSELVES AND JUDGE AND IF YOU STILL THINK IT'S BRIGHT, WE CAN MAKE SOMETHING TO IMPROVE THAT.

THANK YOU. THERE WASN'T A PERMIT INVOLVED WITH THIS, WAS THERE? ORIGINALLY IT WAS.

RIGHT BUT TO MODIFY IT WAS NOT.

OKAY. THANKS. AND THEY ALSO INCLUDED THAT THE ONES THAT ARE CLOSEST TO THE STREET.

THEY ALSO INDICATED THAT IF THEY EVEN PRESENTED A PROBLEM, THEY COULD PAINT THOSE COULD BLACK OUT PART OF THOSE BULBS.

NOW I DON'T KNOW HOW LONG THAT WOULD LAST, BUT THEY'RE VERY WILLING TO WORK WITH THE CITY ON THIS MATTER TO GAIN COMPLIANCE.

SO IF THEY HAVE TO BLACK OUT SOME OF THOSE BULBS, LIKE ON THE VERY RIGHT REAR OF THAT BUILDING, THEY'RE MORE COOPERATIVE TO DO THAT.

BUT YOU'RE SAYING THEY'RE IN COMPLIANCE NOW? YES, THEY ARE, BUT I MEAN, BUT THEY WERE WILLING TO DO THAT ALSO TO MAKE IT EVEN A STEP CLOSER.

BUT I DON'T THINK THAT'S FOR US TO DETERMINE.

I THINK WE VOTE ON COMPLIANCE OR NOT.

[INAUDIBLE]. SO ANYONE ELSE WHO WOULD LIKE TO SPEAK? CLOSE THE HEARING.

THANK YOU. MEMBERS OF THE BOARD.

THANK YOU. THERE'S A FEW THINGS THAT AT LEAST.

AND REMEMBER, WE JUST HAVE A LITTLE SIDEBAR.

JUST TALKING ABOUT A PICTURE REAL QUICK IS REMEMBER, THE CITY'S A PARTY.

YOU ALL ARE THE UNBIASED, IMPARTIAL, YOU KNOW, YOU WEIGH THE EVIDENCE YOU DON'T HAVE TO AGREE WITH.

THIS IS THE OPINION OF THE CODE OFFICER.

AND YOU HEARD THE OPINION OF THE NEIGHBORING PROPERTY OWNER AND OF COURSE THE BUSINESS OWNER.

SO IT'S REALLY UP TO YOU ALL BASED ON WHAT YOU'VE SEEN HERE, WHETHER OR NOT THEY'RE IN COMPLIANCE AND IF YOU CAN DETERMINE THAT WITHOUT GOING BY YOURSELF.

BUT IN ADDITION TO WHETHER THEY'RE IN COMPLIANCE NOW OR NOT, THE CODE OFFICERS ARE ASKING YOU TO DECIDE OCTOBER 2ND WAS THE DEADLINE IMPOSED BY THIS BOARD.

AND THERE ARE ADMINISTRATIVE FEES AND FINES THAT IF THEY WEREN'T IN COMPLIANCE, THAT THIS BOARD WAS GOING TO CONSIDER.

SO REMEMBER TO HIT THOSE TOPICS AS WELL.

AND HOW WOULD YOU ADDRESS THE NUISANCE COMPLAINT? WHICH NUISANCE COMPLAINT? THEY WERE CHARGED WITH A VIOLATION OF 42-42.

AND THE DEFINITION OF A NUISANCE IN THE LAND DEVELOPMENT CODE IS SUBSTANTIALLY A NOISE.

SO OKAY, WHICH IS KIND OF A POTTER STEWART DEFINITION OF HOW DO YOU KNOW WHEN A NUISANCE IS A NUISANCE HAS TO SUBSTANTIALLY ANNOY NOT ANNOY A LITTLE BIT APPARENTLY, BUT SUBSTANTIALLY? I DON'T RECALL THE MOTION THAT WAS MADE FINDING THE VIOLATION THEY FOUND IN VIOLATION OF BOTH SECTIONS.

OKAY, SO YOU CAN SAY WHAT YOU THINK ABOUT WHETHER IT'S A NUISANCE OR NOT OR WAS BEFORE IT CAME IN COMPLIANCE OR IS TODAY.

AND YOU CAN ALSO WEIGH IN ON WHETHER OR NOT I THINK THAT THE LAND DEVELOPMENT CODE STANDARDS ARE A LITTLE MORE BLACK AND WHITE.

[00:20:02]

WELL, IT'S JUST ASKING A QUESTION BECAUSE I DON'T KNOW HOW YOU DETERMINE SUBSTANTIALLY ANNOYED? WELL, THEN I PROBABLY WOULD, YOU READ THE LAND DEVELOPMENT CODE SECTION AND I READ IT.

YEAH. THE LAND DEVELOPMENT CODE IS CHAPTER SEVEN.

SO YOU HAVE BOTH OF THOSE TO CONSIDER WHETHER THERE'S COMPLIANCE OR NOT, COMPLIANCE WITH EITHER OR BOTH OF THOSE.

I WASN'T HERE WHEN THE BOARD MADE ITS DETERMINATION ON AUGUST 3RD.

SO MEMBERS OF THE BOARD? OFFICER WELLS, DO YOU KNOW ON WHICH DATE THE MODIFICATIONS WERE MADE TO THE LIGHTS? THE RESPONDENT WOULD HAVE TO COME UP AND MAKE THAT DETERMINATION.

WOULD YOU PLEASE STEP UP? YES, SIR. THEY'VE BEEN MADE THREE DAYS AGO.

OKAY. SIR, WHAT WAS THE DELAY? WHY DID IT TAKE A WHILE? WELL, THE ORIGINAL GUY THAT HE WAS MAKING THOSE.

FOR SOME REASON, HE DIDN'T FINISH THE JOB.

AND WE HAVE TO FIND SOMEONE ELSE.

SO AT THE END, WE JUST DECIDE TO DO IT OURSELVES.

JUST BECAUSE THIS GUY, HE DIDN'T HE DIDN'T MAKE THE JOB THAT WE WANT.

AND SO THAT'S WHY IT TAKES LIKE LONGER THAN WE.

HOW MANY TIMES DID YOU MEET WITH MR. WELLS SINCE THE LAST TIME WE HERE? YES, SIR.

A COUPLE TIMES, I BELIEVE.

THREE, FOUR, TWO.

WELL, THE QUESTION BEFORE THE BOARD IS NOT HOW MANY TIMES OR HOW LONG.

IT WAS COMPLETED THREE DAYS AGO? YES, SIR. THE BOARD MADE A DETERMINATION AT THE AUGUST 3RD MEETING WITH A RECOMMENDATION FROM THE CODE ENFORCEMENT OFFICER HOW TO PROCEED, THAT HE'S RECOMMENDED THAT THEY'RE NOW IN COMPLIANCE, WHICH IS DIFFERENT THAN THE WRITTEN AND LAST TIME.

HOW WOULD THE BOARD LIKE TO PROCEED? I'M READY FOR A MOTION.

I'M OKAY WITH THE ADMINISTRATIVE FINES, BUT I'M OPPOSED TO THE ADMINISTRATIVE FINES IN GENERAL.

I THINK THAT IT SOUNDS TO ME AS IF THEY'VE BEEN WORKING TO SOLVE THIS ISSUE.

I'M A LITTLE CONFUSED BY THIS PICTURE HERE, BECAUSE THIS SHOWS A HOUSE IN FULL ILLUMINATION LAST NIGHT, AND I JUST DON'T I MEAN, A CINDER BLOCK WALL TO ME, IF THAT'S WHAT IT IS NOT A REFLECTIVE DEVICE.

SO I DON'T UNDERSTAND, BUT I KNOW ONE BOARD MEMBER WAS THERE THIS MORNING AND ANOTHER ONE WAS THERE, AND WE DROVE BY BEFORE THIS MEETING TO SEE IT, BUT THE LIGHTS WERE NOT YET ON, SO I'M NOT SURE I UNDERSTAND THAT PICTURE, BUT WERE YOU ABLE TO IDENTIFY WHERE THAT LIGHT SOURCE MIGHT HAVE BEEN COMING FROM? TO ME, THAT DOES NOT STRIP.

THERE IS VERY REFLECTIVE.

IT'S ALMOST LIKE GLOSSY. LET ME DO THIS.

LET'S IF WE WANT TESTIMONY, LET'S REOPEN THE HEARING.

PLEASE COME TO THE PODIUM AND STATE YOUR NAME AND TESTIFY.

AGAIN FRANK POSTMA ACROSS THE STREET, I CAN EVEN USE MY FLASHLIGHT AGAIN.

SO THIS BORDER UP HERE IS HIGHLY REFLECTIVE.

SO WHEN THE LIGHTS.

EVEN THOUGH THE NEW GUARDS THAT JUST WENT ON LOOK GREAT, AND THEY CERTAINLY ARE HELPING SOMEWHAT.

THAT'S WHAT'S KICKING THE LIGHT BACK AT MY HOUSE.

SO AND THE IPHONE CAN PICK UP SOME ADDITIONAL LIGHT TOO.

SO IT LOOKS A LITTLE BIT WORSE THAN IT ACTUALLY IS, BUT THERE'S STILL ENOUGH LIGHT THERE THAT I DIDN'T HAVE TO USE A FLASH.

AND HOW MUCH LIGHT DO THE STREETLIGHTS THROW ON YOUR HOUSE? WE DON'T REALLY HAVE A STREET LIGHT RIGHT IN FRONT OF US.

IT'S FURTHER DOWN.

SO. IT USED TO BE ON THE OTHER SIDE OF [INAUDIBLE] HOUSE, AND I THINK LOU GOLDBERG HAS ONE ON THE OTHER SIDE OF HIS HOUSE.

DO YOU BELIEVE THAT LIGHT STRIP IS WHAT? THAT THE PAIN IS WHAT'S REFLECTED? THAT'S WHAT I'M. YEAH.

IT'S MAYBE A MESH COVER OVER THAT STRIP OR A NON REFLECTIVE BACKING ACROSS THE TOP, OR SOME DARK PAINT WOULD EXACTLY LIKE A FLAT WHITE.

MR. THOMPSON, IS THERE ARE THERE ANY OTHER QUESTIONS OF THIS WITNESS? WELL THANK YOU.

SO I WANT TO ADJUST, NOT THE ADMINISTRATIVE FINES, THE ADMINISTRATIVE [INAUDIBLE].

FIRST, LET'S CLOSE THE HEARING AGAIN.

OKAY. BEFORE WE RUSH.

DOES ANYONE WANT TO MAKE A MOTION BEFORE WE.

[00:25:03]

I'LL MAKE A MOTION. OKAY.

I MAKE A MOTION THAT LOS ARRAYANES, IF I SAY THAT CORRECTLY, IS IN COMPLIANCE IS NOW IN COMPLIANCE.

I WOULD LIKE TO WAIVE THE ADMINISTRATIVE FEES AND I WOULD NOT LIKE TO IMPOSE ANY FINES.

I WILL SECOND THAT.

ANY DISCUSSION? THERE'D BE NO DISCUSSION.

CLERK, PLEASE CALL THE ROLL.

CALL].

BUILDING ON THE TESTIMONY, MR. WELLS. YES.

IT CONCLUDES THAT CASE.

ANY NEW BUSINESS? JUST ONE BLANK STARES.

THERE'S NO NEW BUSINESS.

NEXT MEETING. JUST ONE BIT OF BOARD BUSINESS.

[6. BOARD BUSINESS]

ANY BOARD BUSINESS? THERE ARE THREE SEATS THAT ARE DUE RENEWAL DECEMBER 31ST AND MISS RHYMES WILL CONTACT YOU IF SHE HASN'T CONTACTED YOU ALREADY.

IF YOU'RE INTERESTED IN RE-UPPING YOUR TERM, THEN YOU NEED TO FILL OUT AN APPLICATION WITH THE CLERK'S OFFICE.

THANK YOU. ANYTHING FOR THE GOOD OF THE ORDER.

OUR NEXT MEETING IS [INAUDIBLE].

FIRST THURSDAY, I'LL ENTERTAIN A MOTION TO ADJOURN.

MOTION TO ADJOURN.

SECOND. ALL THOSE IN FAVOR? ALL RIGHT. THANK YOU FOR YOUR TIME.

* This transcript was compiled from uncorrected Closed Captioning.