[00:00:01]
>> CALLED TO ORDER THE APRIL 4TH, 2024, HEARING OF THE CITY OF FERNANDINA BEACH CODE ENFORCEMENT AND APPEALS BOARD IS NOW CALLED TO ORDER.
[1. CALL TO ORDER / ROLL CALL / DETERMINATION OF A QUORUM]
BOARD SECRETARY, PLEASE CALL THE ROLL.>> MEMBER KRESSE? CAN YOU HEAR US?
>> I DON'T THINK SHE CAN HEAR.
>> WE CAN'T TEXT HER. WE COULD.
>> THERE WE GO. NOW I CAN HEAR YOU.
>> I COULD, BUT THERE'S A SPECTACULAR ECHO.
>> ALL RIGHT. WE HAVE AN IT PERSON HERE, SO THEY'LL BE DOWNSTAIRS SHORTLY.
>> ALL RIGHT. WE'LL CONTINUE WITH ROLL CALL?
>> YEAH. GO AHEAD AND CONTINUE WITH ROLL CALL.
>> GREAT. THANK YOU. PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE AND INVOCATION.
>> LET US PRAY. OUR FATHER GOD, WE COME AND WE SAY THANK YOU, LORD, FOR YOUR MANY BLESSINGS, FOR YOUR MULTITUDE OF TENDER MERCIES.
FATHER, WE THANK YOU FOR HOW YOU BLESSED US, HOW YOU KEPT US, HOW YOU NEVER LEFT US, LORD.
NOW, LORD, WE PRAY YOUR BLESSING UPON THIS MEETING OF FERNANDINA BEACH CODE ENFORCEMENT APPEALS BOARD.
BE IN THE MIDST OH LORD, LEAD AND GUIDE IN A MANNER THAT'S PLEASING IN THY SIGHT, AND THE PEOPLE OF GOD SAID.
>> THANK YOU. HAS EVERYONE HAD A CHANCE TO REVIEW THE MINUTES OF THE LAST BOARD?
[3. APPROVAL OF MINUTES]
>> MAY I HAVE A MOTION TO ACCEPT THE MINUTES AS PRESENTED?
>> MOTION PASSED. ARE THERE ANY CHANGES TO THE AGENDA FOR TODAY, MS. CRYSTAL?
>> YES, THERE IS A CORRECTION TO ITEM, I THINK IT'S 5.1.
>> THAT SECTION 42-117 NEEDS TO BE CHANGED TO 42-173.
>> IS THAT WHERE THE MIC IS, RANDY?
>> CAN YOU REPEAT THAT PLEASE?
>> 42.117. YES. IT SHOULD BE 42-173.
>> RIGHT HERE, THAT NEEDS TO BE 173.
>> BOARD OF ATTORNEY, PLEASE EXPLAIN THE QUASI JUDICIAL PROCEEDINGS.
[5.1 MARY E. & ANJANETTE M. BROWN, PARCEL 00-00-31-1800-0161-0290, CASE CODE-2024- 0038:]
>> OKAY. TONIGHT WE HAVE TWO CASES ON THE AGENDA.
EACH OF THE CASES, WE WILL HAVE A QUASI JUDICIAL HEARING.
WHAT THAT MEANS, IS FIRST, MR. WELLS, WITH CITY STAFF, HE'S A CODE ENFORCEMENT OFFICER.
>> NOW WE WOULD LIKE YOU TO UNMUTE YOUR MICROPHONE.
YOU CAN PRESS STAR SIX TO UNMUTE.
>> YOU'RE FINE, RANDY. FIRST, MR. WELLS WITH THE CITY IS GOING TO MAKE A PRESENTATION AND INTRODUCE EVIDENCE AND TESTIMONY INTO THE RECORD.
HE'S ALLOWED TO CALL WITNESSES.
I DON'T THINK HE HAS ANY FOR EITHER OF THE CASES, TONIGHT.
NEXT, THE PROPERTY OWNER, RESPONDENT, WILL COME TO THE PODIUM, STATE YOUR NAME AND ADDRESS, AND YOU WILL GET TO INTRODUCE EVIDENCE AND TESTIMONY INTO THE RECORD.
YOU'RE ALSO PERMITTED TO CALL ANY WITNESSES THAT YOU WISH.
AFTER THE RESPONDENT IN THE CASE, THEN ANY AFFECTED PARTIES WILL BE ASKED TO COME TO THE PODIUM AND STATE YOUR NAME AND ADDRESS, AND YOU WILL ALSO BE TESTIFYING, PROVIDING EVIDENCE AND TESTIMONY INTO THE RECORD.
ALSO I DIDN'T MENTION IT EARLIER, BUT ALL THE PARTIES, THE PARTIES INCLUDE THE CITY, THE PROPERTY OWNER, RESPONDENT, AND OF COURSE, AFFECTED PARTIES, ALL GET TO CALL THEIR WITNESSES IF THERE'S ANY DOCUMENTATION, PHOTOGRAPHS, AND THE LIKE, THAT YOU WISH TO INTRODUCE HERE THAT WE DON'T ALREADY HAVE IN OUR PUBLISHED PACKET, YOU'RE ABLE TO DO SO.
PLEASE JUST MAKE SURE TO CHECK WITH THE OTHER PARTIES THAT THERE ARE NO OBJECTIONS.
AFTER AFFECTED PARTIES PROVIDE THEIR EVIDENCE AND TESTIMONY, THE BOARD CHAIR WILL CLOSE THE PUBLIC HEARING.
DURING THE TESTIMONY AND BEFORE YOUR DELIBERATIONS, PLEASE FEEL FREE TO ASK QUESTIONS OF THE PARTIES AND THEIR WITNESSES IF YOU NEED CLARIFICATION.
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BUT ONCE THE HEARING IS CLOSED, IT SHOULD BE CLOSED FOR DELIBERATION AND A DECISION.IF THERE IS AN APPEAL TO BE FILED OF EITHER OF THE BOARD'S DECISIONS TONIGHT, THAT APPEAL MUST BE FILED IN THE CIRCUIT COURT HERE IN NASSAU COUNTY WITHIN 30 DAYS OF THE BOARD'S DECISION.
THAT'S ALL I HAVE UNLESS THERE ARE QUESTIONS.
>> THANK YOU. ANY QUESTIONS? NICOLE, CAN YOU HEAR US?
>> GOOD. HAVE THERE BEEN ANY EX PARTE COMMUNICATIONS RELATING TO ANY OF THE CASES ON THE AGENDA THIS EVENING?
>> BOARD SECRETARY, PLEASE SWEAR IN ALL THE WITNESSES.
>> ANYBODY THAT WISHES TO SPEAK, EVEN IF YOU'RE NOT SURE YOU'RE GOING TO SPEAK AND INTRODUCE EVIDENCE AND TESTIMONY, INCLUDES FLORIDA BAR LAWYERS, HAVE TO TAKE AN OATH BEFORE TESTIFYING SINCE IT'S A QUASI JUDICIAL HEARING.
>> ALL RIGHT. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY AND OR EVIDENCE THAT YOU ARE ABOUT TO GIVE AND OR PRESENT IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
>> DOES THE CITY HAVE ANY EVIDENCE TO ENTER INTO THE RECORD?
>> YES. AT THIS TIME I'D LIKE TO ENTER ALL THE EVIDENCE AND DOCUMENTATION.
>> POINT OF ORDER. PLEASE CALL THE CASE NUMBER.
>> THE CASE NUMBER IS 2024-00308.
IT IS PARCEL NUMBER 00-00-31-1800-0161-0290.
>> YOU'VE SPOKEN UP, IS THE RESPONDENT HERE?
>> I GUESS THERE'S NO OBJECTION.
>> WOULD YOU LIKE TO BEGIN YOUR PRESENTATION?
>> ON FEBRUARY 12, 2024, THIS WAS AN OBSERVED VIOLATION.
IT WAS A VACANT LOT WHERE THIS INOPERABLE CAR IS PARKED ON, AND IT HAS AT LEAST ONE FLAT TIRE.
AT THIS POINT, I OPENED THE CODE CASE, THEN RECORDED A PHOTOGRAPH OF THE VIOLATION.
THE NEXT DAY, WE MAILED A CERTIFIED LETTER TO THE OWNER'S ADDRESS.
WE GAVE THE RESPONDENT 14 DAYS TO COME IN TO CORRECT THE VIOLATION.
ON FEBRUARY 15, THE GREEN RETURN RECEIPT CARD WAS DELIVERED BY THE UNITED STATES POST OFFICE, AND A SIGNATURE CONFIRMING THE RECEIPT OF THE CERTIFIED LETTER WAS OBTAINED BY THE MAIL CARRIER.
FEBRUARY 27TH, 2024, A FOLLOW UP INSPECTION WAS COMPLETED, VERIFYING THE VEHICLE IS STILL IN VIOLATION.
THEN ON FEBRUARY 28TH, 2024, A PRE AGENDA INSPECTION WAS COMPLETED AND THERE WAS NO CORRECTION.
I'VE BEEN BY THERE NUMEROUS TIMES TRYING TO GET IN CONTACT WITH THE OWNER.
LIKE I SAID, IT WAS A SIGNED RECEIPT SAYING THAT THEY DID RECEIVE THE CERTIFIED LETTER.
BUT I KNOW BY THERE FOUR TIMES TRYING TO MAKE CONTACT.
I ACTUALLY TOOK AN AGENDA BY THERE YESTERDAY AND DELIVERED IT TO THE GRANDSON OF THE OWNER OF THE HOUSE NEXT DOOR.
MICHELLE AND I DID SOME VERY INVESTIGATIVE WORK ON OBTAINING VALID PHONE NUMBERS FOR THE HOMEOWNER.
I LEFT A MESSAGE FOR THE OWNER TO GIVE OUR OFFICE A CALL ON ONE OF THE NUMBERS THAT SHE FOUND IN THE SYSTEM.
WE HAVE NOT RECEIVED A RETURN PHONE CALL AS OF TODAY.
LIKE I SAID, I'VE BEEN THERE MULTIPLE TIMES.
LIKE I SAID, I'VE BEEN THERE TODAY, CAR IS STILL AS IT SITS RIGHT THERE TODAY.
THE CITY RECOMMENDS A MOTION TO BE MADE TO FIND THE RESPONDENT IN VIOLATION OF THE CODE OF ORDINANCES, SECTION 42-173, GIVING THE OWNER 10 ADDITIONAL DAYS TO COME IN COMPLIANCE BY APRIL 14TH, 2024.
THE CITY RECOMMENDS A MOTION BE MADE AND ALL ADMIN FEES BE PAID BY THE RESPONDENT, AND A FINE OF $20 PER DAY TO BEGIN ON APRIL 15TH, 2024.
IF NOT IN COMPLIANCE BY APRIL 14TH, 2024, WITH A LIEN PLACED ON THIS PROPERTY IN 45 DAYS.
>> THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR THE CITY?
>> CAN YOU GO BACK? WHERE IS THE VEHICLE ACTUALLY PARKED?
>> IT'S PARKED ON THE ADJACENT VACANT LOT.
>> IT'S A CRAZY OWNERSHIP DEAL.
MS. GIBBS AND MS. BROWN, THEY HAVE BOTH TAX RECORDS ON THE HOUSE,
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AND MS. BROWN'S NAME IS CUT OFF ON THE PROPERTY RECORD ON THE LOT.>> WHICH IS THE FRONT OF THE HOUSE? THE LEFT OF THE RIGHT?
>> THAT'S THE FRONT OF THE HOUSE OVER TO THE RIGHT.
>> BEHIND THE CAR IS THE FRONT OF THE HOUSE?
>> NO, THAT'S THE SIDE THAT YOU SEE RIGHT BEHIND IT.
THE FRONT IS MORE TO THE RIGHT.
>> TO THE RIGHT. DO YOU HAVE A PHOTO OF THAT?
>> DO YOU KNOW HOW TO DO GOOGLE STREET VIEW? IF YOU CAN PULL UP GOOGLE STREET VIEW, YOU SHOULD BE ABLE TO SEE THAT WHOLE STREET.
>> THERE ARE TAGS ON THIS VEHICLE.
>> I CAN'T TRESPASS TO GO BACK THERE AND SEE IF IT IS.
THAT BACK TIRE I KNOW IS FLAT.
LIKE I SAID, THIS VEHICLE HAS BEEN SITTING HERE FOR OVER A YEAR, I KNOW.
>> THE FENCE IS THEIR PROPERTY, BUT THE VEHICLE IS ON THEIR PROPERTY ALSO?
>> YEAH. THEY BOTH OWN BOTH OF THESE.
THE PARCEL, THE VACANT LOT, AND ALSO THE HOUSE.
>> ANY OTHER QUESTIONS FROM THE BOARD? NO WITNESSES?
>> THE ADMIN FEES ARE $245.19.
IN YOUR PACKET, THERE'S A SHEET IN THERE THAT SHOWS THE PROPERTY TAX RECORD WHERE IT CONNECTS THE TWO INDIVIDUALS WITH THE PROPERTY.
>> IS THIS HELPFUL JUST DOING THIS ONE?
>> I THINK SHE WANTS A STREET VIEW.
>> AS IF YOU'RE DRIVING DOWN THE STREET, WHAT IT LOOKS LIKE.
>> GO DOWN HERE LITTLE BIT AS IF YOU'RE STANDING IN FRONT.
>> IT'S RIGHT THERE ON THAT CORNER, ISN'T IT?
>>. THAT'S BEHIND IT AND THAT'S THE RIGHT SIDE OF THE PROPERTY.
I'LL TURN TO THIS. THAT'S THE FRONT OF THE HOUSE RIGHT THERE.
>> WELL, IT'S GOT TO BE CLOSER THAN THAT BECAUSE THE FENCE IS UP AGAINST THE HOUSE.
>> THAT'S RIGHT BY HICKORY, I THINK, ISN'T IT?
>> IT'S UP THERE AT 803, THERE YOU GO.
>> THAT'S A GOOD VIEW. THANK YOU.
BOARD MEMBERS, ANY QUESTIONS, COMMENTS, DELIBERATIONS? YOU MAY NOW BEGIN.
>> CAN I ASK YOU A QUESTION FOR TAMMY? WHAT IS THE IMPLICATION SINCE WE HAVE WHAT I ASSUME IS A PRIMARY RESIDENCE AND A VACANT LOT, BUT THE VEHICLE IN QUESTION IS ON THE VACANT LOT AND I'M REFERRING SPECIFICALLY TO THE LANE THAT IS RECOMMENDED BY THE CITY?
IT LOOKS LIKE WHEN WE ARE HIGHLIGHTING IF YOU HAVE THE SCREENSHOT UP RIGHT NOW, CRYSTAL IS HIGHLIGHTING IN RED THE VACANT PARCEL AND JUST TO THE NORTH IS WHERE WE SEE THE HOUSE.
THE VACANT PARCEL IS OWNED SEPARATELY FROM WHERE THE HOUSE THAT'S WHY YOU SEE THE TWO.
THEY EACH HAVE SEPARATE OR TAX ID NUMBERS AND WE KNOW THAT MARY AND ANNE JEANETTE BROWN ON THE VACANT LOT.
TO THE NORTH, I GUESS THROUGH THE CODE ENFORCEMENT DEPARTMENT'S INVESTIGATION AND MAKING PHONE CALLS, THEY REALIZED THAT THERE'S A FAMILY RELATIONSHIP BETWEEN WHO OWNS 803 AND WHO OWNS THE LOT TO THE SOUTH.
AND SO THEY WERE ABLE TO MAKE CONTACT WITH THE PEOPLE INSIDE OF THE HOUSE.
THE IMPLICATIONS OF A POTENTIAL LIEN WOULD BE IF THEY'RE FOUND IN VIOLATION AND THERE ARE FINES AND COSTS ASSESSED,
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AND I'M AUTHORIZED TO FILE THAT LIEN IN 45 DAYS, THEN THE LIEN SITS THERE.THERE'S NO HOME THERE, SO THE CITY COULD FORECLOSE ON THAT PARCEL IF I'M AUTHORIZED TO DO THAT.
JUST BECAUSE THERE'S A LIEN DOES NOT MEAN I HAVE THE AUTHORIZATION TO FORECLOSE AND WHAT I'VE DONE IN THE PAST IS GO TO THE CITY COMMISSION.
BECAUSE I NEED THE FUNDS AND ALL OF THAT AND ASK THEM, I WILL LET YOU ALL KNOW THE LIEN'S NOT BEEN PAID, IT'S TIME TO PROCEED WITH FORECLOSURE AND THEN I WOULD ASK THE CITY COMMISSION FOR THAT PERMISSION IF I'M GIVEN THAT PERMISSION.
>> THE LIEN IS ON THE VACANT PROPERTY NOW?
>> DO WE KNOW WHO OWNS THE CAR?
>> WELL, WE DON'T I DON'T THINK BECAUSE HE COULDN'T GET BEHIND TO SEE THE TAG AND PROBABLY NOT THE VIN NUMBER EITHER.
>> CAN YOU WORK WITH THE POLICE IN THAT CASE OR NOT? YES, OF COURSE. THANK YOU.
>> MICHELLE FORSTER, DEPUTY CODE ENFORCEMENT DIRECTOR.
I TALKED TO THE CHIEF AND HE'S NOT GOING TO DO THIS.
HE IS NOT GOING TO ASK HIS PEOPLE TO RUN TAGS.
PLUS, EVEN IF HE DID, ONCE THAT TAG IS RAN, THAT INFORMATION STAYS WITH IT.
WE ARE NOT PRIVY TO THAT INFORMATION SO THE CODE CASE LEAVES US BECAUSE WE HAVE NOTHING TO DO WITH IT ANYMORE.
BUT THIS IS NOT SOMETHING HE IS INTERESTED IN PURSUING WITH HIS STAFF.
>> THERE ARE VERY STRICT RULES THAT THE POLICE HAVE TO FOLLOW WHEN THEY ARE ABLE TO ACCESS THE DEPARTMENT OF MOTOR VEHICLES RECORDS AND SO THIS IS DOES NOT FROM LAST TIME I LOOKED AT THIS WAS A COUPLE OF YEARS AGO AND I THINK IT'S NOT JUST THE CHIEF BEING OBSTINATE OR NOT WANTING TO DO IT, THEY REALLY CAN'T FOR THIS.
REMEMBER THESE ARE CIVIL CITATION OR CIVIL TYPES OF VIOLATIONS, NOT CRIMINAL.
>> SOMETIMES WHEN IT INVOLVES VEHICLES, LIKE LAST MONTH THERE WAS A VEHICLE ALSO AND YOU DON'T KNOW IF THE POLICE CAN CROSS LINES OR SOMETHING.
THAT'S WHY WE'RE ASKING, STILL LEARNING.
>> I HAVE A QUESTION TO UNDERSTAND FURTHER ABOUT WHAT YOU WERE SAYING IN THIS 42-173 PARAGRAPH F AS IN FRANK, WHEN IS A VEHICLE CONSIDERED ABANDONED?
>> YOU CAN. IT'S MORE IN THIS CASE, IT'S INOPERABLE BECAUSE IT HAS FLAT TIRE.
>> WE DON'T TYPICALLY DEAL WITH ABANDONED IF IT'S ON PRIVATE PROPERTY IF IT IS STREET LEGAL, IF IT IS OPERABLE.
OPERABLE MEANS STREET LEGAL, YOU HAVE TO BE ABLE TO TAKE THAT CAR AND DRIVE DOWN THE ROAD LEGALLY AND SAFELY? YES, EXACTLY.
IF THERE'S NO ENGINE IN IT BUT IT'S STILL TAGGED? NO. THE WHOLE ABANDONED THING IS REALLY HARD BECAUSE THEY CAN MOVE IT, MOW IT, AND BRING IT BACK.
SINCE I'VE BEEN DOING THIS A VERY LONG TIME, ABANDONED HAS NOT BEEN ONE OF THE THINGS THAT WE DO.
THERE'S SO MANY OTHERS, WE DON'T REALLY NEED TO ADDRESS THAT.
BECAUSE USUALLY, AGAIN, IF IT'S ABANDONED, THERE'S OTHER ISSUES. DID THAT MAKE SENSE?
>> ANY OTHER QUESTIONS BEFORE I SIT DOWN?
>> ANY COMMENTS, THOUGHTS BY THE BOARD? QUESTIONS? ANYBODY READY TO MAKE A MOTION?
>> I'LL MAKE THE MOTION. WE ACCEPT THE CITY'S RECOMMENDATION, MOVE FORWARD WITH THE ADMINISTRATION FINES AND 10 DAYS TO COME INTO COMPLIANCE, AND $25 A DAY THEREAFTER.
>> DURING YOUR TESTIMONY, YOU SAID 20.
>> YEAH. FIND IT IN VIOLATION 42-173.
>> THEY HAVE TO THE 14TH THAT COMES INTO COMPLIANCE?
>> YOU RECOMMENDED THAT WE FIND THEM IN VIOLATION 10 DAYS WHICH IS THE 14TH TO COME INTO COMPLIANCE.
>> IF THEY DON'T, WE START $25 A DAY FINE PLUS IT, ADMINISTRATIVE FEES.
>> WELL, ACTUALLY, WELL, NORMALLY WHEN WE BRING THEM TO TO THE BOARD AND YOU FIND THEM IN VIOLATION, NORMALLY THE ADMIN FEES ARE IN PLACE.
[00:20:01]
>> UNLESS YOU SPECIFICALLY SAY THAT THEY NOT TO CHARGE THEM.
>> DID YOU RECOMMEND THE PROPERTY HAS A LIEN PUT ON IT?
>> YEAH. LET ME JUST GO AND RE READ THAT AGAIN.
THE CITY RECOMMENDS A MOTION TO BE MADE TO FIND THE RESPONDENT IN VIOLATION OF THE CODE OF ORDINANCES, SECTION 42-173 GIVING THE OWNER TEN ADDITIONAL DAYS TO COME INTO COMPLIANCE BY APRIL 14, 2024.
THE CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMIN FEES BE PAID BY THE RESPONDENT AND A FINE OF $25 PER DAY TO BEGIN ON APRIL 15, 2024.
IF NOT IN COMPLIANCE BY APRIL 14, 2024, THIS IS BEING PLACED ON THE PROPERTY IN 45 DAYS.
>> MR. GEORGE, HOW DO YOU GET THIS MOTION TO THEM? LIKE IF WE MAKE A DECISION, DO MAIL IT OR DELIVER IT? BECAUSE THAT EATS INTO THE 10 DAYS.
>> SHE NORMALLY SENDS OUT THE FINDINGS OF FACT. WHAT, THE NEXT DAY?
>> YES. I WILL ACTUALLY CALL SOMETIMES AN EMAIL, SO I'LL SOMETIMES DO MORE THAN JUST MAIL.
I'LL TRY TO MAKE SOME KIND OF CONTACT WITH THEM USUALLY AND STILL MAIL AS WELL.
>> NO JUST FIRST CLASS FOR THAT.
>> FOR THIS AND I'M GOING TO GO INTO THE MAP AND SEE IS THE TAX ADDRESS FOR THIS PARCEL, THIS VACANT PARCEL, THE 803, IS THAT WHERE THEY GET THEIR TAX BILLS? OKAY. I WOULD JUST RECOMMEND, SINCE YOU DON'T SEEM TO HAVE HAD ANY CONTACT WITH THE OWNER THAT SHOULD THE BOARD FIND THIS IN VIOLATION AND FINES WILL BE STARTING, GO AHEAD AND SEND CERTIFIED AND REGULAR MAIL FOR THIS ONE.
JUST SO WE'VE DONE OVER AND ABOVE TO MAKE SURE THAT THEY'RE AWARE OF THAT. ALENE.
>> YEAH AND BECAUSE MAIL IS TAKING A LOT LONGER THAN IT USED TO, YOU KNOW THAT YOU COULD EAT INTO FIVE DAYS OF THEIR 10 DAYS.
MAYBE WE COULD LENGTHEN THAT, WHATEVER.
DOES ANYBODY SECOND THE MOTION?
>> IT'S CLEAR THAT WE'RE GOING TO ADHERE TO EVERYTHING THAT YOU'VE SUGGESTED.
>> BOARD SECRETARY, WOULD YOU CALL THE ROLL PLEASE?
>> I'M GOING TO REPEAT IT JUST IN CASE.
A MOTION WAS MADE BY MEMBER POSTMA, SECOND BY MEMBER FOTIADES.
WE'RE GOING TO FIND THE PROPERTY IN VIOLATION OF THE MUNICIPAL CODE OF ORDINANCES, SECTION 42-173, ALLOW 10 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY APRIL 4TH, 2024.
>> SORRY, I HAVE THAT WRITTEN CORRECTLY. I DIDN'T SAY IT RIGHT.
ALLOW 10 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY APRIL 14TH, 2024.
ALL ADMINISTRATIVE FEES TO BE PAID BY THE RESPONDENT IN A FINE OF $25 PER DAY, COMMENCING APRIL 15TH, 2024.
IF THE VIOLATION PERSISTS, A LIEN WILL BE PLACED ON THE PROPERTY 45 DAYS AFTER COMPLIANCE.
FINDINGS OF FACTS WILL BE MAILED, FIRST CLASS AND CERTIFIED MAIL. CHAIR KENT?
[5.2 GARY CHRISTOPHER MANTELL, 2036 HIGHLAND DR., CASE CODE-2024-0039:]
[BACKGROUND]>> TAKE ONE, PASS IT DOWN PLEASE.
>> WE HAVE SOME ADDITIONAL DEVELOPMENTS ON THE CASES COMING BEFORE US.
>> MR. GEORGE, WOULD YOU READ THE CASE NUMBER, PLEASE?
>> THE CASE NUMBER IS 2024-0039.
IT'S FOR MR. GARY CHRISTOPHER MANTELL AT 2036 HIGHLAND DRIVE IN FERNANDINA BEACH, 32034.
AT THIS POINT, I'D LIKE TO SUBMIT ALL OF OUR EVIDENCE AND DOCUMENTS AND PHOTOS INTO RECORD AT THIS TIME.
>> I RECEIVED A TEXT MESSAGE ABOUT FOUR O'CLOCK THIS AFTERNOON FROM MR. MANTELL.
IN THAT LETTER IS THE TEXT THAT I HAD RECEIVED FROM HIM.
I IMMEDIATELY CALLED OUR ADMIN ASSISTANT AND SHE SENT OUT A LINK FOR MR. MANTELL TO JOIN US BY ZOOM.
CONSIDERING HE CAN'T BE HERE WITH MR. DAVIS HERE ALSO,
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SO HE WAS PROVIDED A ZOOM LINK FOR HIM TO BE ONLINE.>> DID HE ACCEPT OR DOES HE KNOW HOW TO DO THAT?
>> I'M ACTUALLY TRYING TO GET BACK INTO IT NOW.
THIS HIS NUMBER, THIS IS THE PHONE THAT SLIPPED UP.
>> BUT IT WAS PROVIDED TO HIM RIGHT HERE. IT WAS SENT AT 4:33.
>> I KNOW THAT'S CLOSE TIMEFRAME.
>> WOULD YOU READ IT THROUGH THE RECORDS?
>> LET ME GO AHEAD WITH THE CASE.
ON FEBRUARY 7TH, 2024, WE RECEIVED A COMPLAINT IN OUR OFFICE FROM MR. CLYDE DAVIS, CONCERNING THE PROPERTY NEXT DOOR AT 2036 HIGHLAND DRIVE.
2/12/2024, MICHELLE FORSTROM AND MYSELF MET WITH MR. AND MS. DAVIS, THE COMPLAINANTS, ABOUT THE PROPERTY AND THEIR CONCERNS.
WE OBSERVED NUMEROUS VIOLATIONS AS FOLLOWS: WE OBSERVED OUTSIDE STORAGE, LDC 5.01.09, WORK EQUIPMENT AND MATERIALS THAT NEED TO BE STORED IN A SHED OR STRUCTURE.
WE OBSERVED SECTION MUNICIPAL CODE 42173, PARKED ON THE FRONT DRIVEWAY WITH AN EXPIRED TAG THAT IS ACTUALLY DATED JUNE 23RD.
WE NOTED THAT HE HAS A PLUMBING BUSINESS AND HE KEEPS A TRUCK THERE THAT HAS HIS COMPANY'S NAME ON IT ALONG WITH MATERIALS AND STUFF.
WE ASKED HIM TO PROVIDE A SECOND LBTR FOR THAT LOCATION.
WE ALSO WALKED AROUND PARTIAL OF THE PROPERTY AND SEEN A LOT OF THE CHAIN-LINK FENCING HAS BEEN ALMOST LAYING FLAT AROUND THE REAR PERIMETER AND IT'S COVERED WITH VEGETATION.
THEN UP ON THE LEFT SIDE, THERE WERE NINE PICKETS ON THE WOODEN PRIVACY FENCE THAT NEEDED TO BE CUT DOWN TO SIX FEET IN HEIGHT, WHICH HE ACTUALLY HAS DONE.
WE NOTED THAT THERE WERE INVASIVE VINES THAT NEEDED TO BE REMOVED AND NEEDED TO BE CUT, AND ALL OVER GROWTH ON THE PROPERTY NEEDED TO BE LESS THAN 12 INCHES IN HEIGHT.
LIKE I SAID, I RECORDED PHOTOGRAPHS.
THESE ARE THE PHOTOGRAPHS I TOOK THE DAY OF THE FENCING.
THAT ONE SECTION TO THE RIGHT OF THAT TARP IS THE ONE THAT WAS IN VIOLATION.
THE ONLY THING THAT HE HAS DONE IS HE CUT THOSE DOWN TO SIX FEET.
ON FEBRUARY 13TH, 2024, I HAND DELIVERED AND POSTED A NOTICE OF VIOLATION, NOTICE OF HEARING LETTER ON THE FRONT DOOR, GIVING THE RESPONDENT 30 ADDITIONAL DAYS TO CORRECT ALL THE VIOLATIONS.
WE FILLED OUT A NOTARIZED AFFIDAVIT OF THE SERVICE FROM THE POSTING.
NOW WE RECORDED A PHOTOGRAPH OF THE POSTING, WHICH IS THAT'S ON THE FRONT DOOR.
MARCH 13TH, 2024, I CONDUCTED A NOTICE OF VIOLATION INSPECTION.
LIKE I SAID, THE NINE PICKETS HAD BEEN CUT DOWN TO SIX FOOT.
NO OTHER CORRECTIONS HAVE BEEN MADE.
MARCH 27TH, 2024, PRE-AGENDA INSPECTION WAS CONDUCTED.
THERE WAS NO ADDITIONAL CORRECTIONS MADE AT THAT POINT.
I PUT IT IN THE CONCLUSION, I SAID, THE ONLY PROGRESS THAT CAN BE OBSERVED IS THE WOODEN PICKETS.
I SAID MR. MANTELL CALLED OUR OFFICE, STATING THAT MR. DAVIS HAS ISSUED A RESTRAINING ORDER AGAINST MR. MANTELL.
MR. MANTELL SAYS THAT HE HAS TO BE AT LEAST 50 FEET FROM MR. DAVIS'S PROPERTY, WHICH COULD MAKE SOME OF THE REPAIRS NOT POSSIBLE WITH THE ORDER.
THE COMPLAINANT AND OTHER COMPLAINANTS THAT ARE EITHER CIVIL IN NATURE OR INVOLVE OTHER COMPANIES AND CITY DEPARTMENTS, THERE ARE OTHER THINGS OTHER THAN RELATES TO CODE ENFORCEMENT.
THE CITY RECOMMENDS A MOTION TO BE MADE TO FIND THE RESPONDENT IN VIOLATION OF THE CODE OF ORDINANCES, SECTION 42116, WHICH IS DUTY TO MAINTAIN PROPERTY, 42-117 WHICH SPEAKS TO THE WOODEN FENCING AND THE CHAIN-LINK FENCING, 42173 ADDRESSES THE CADILLAC THAT HAS AN EXPIRED TAG.
THE 7466 HAS TO DO WITH THE LOCAL BUSINESS TAX RECEIPT THAT HE NEEDS TO APPLY FOR.
THEN THE LDC CHAPTER 5.0109 IS OUTSIDE STORAGE, WHICH HE HAS SEVERAL ITEMS THAT ARE IN THE YARD THAT NEED TO BE PUT IN A SHED OR SOME TYPE OF STRUCTURE.
GIVING THE OWNER 30 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY MAY 5TH, 2024, THE CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMIN FEES BE PAID BY THE RESPONDENT, WHICH IS ACTUALLY $276.72,
[00:30:01]
AND A FINE OF $50 PER DAY TO BEGIN ON MAY 6TH, 2024 IF NOT IN COMPLIANCE BY MAY 5TH, 2024.>> WOULD YOU PLEASE LEAVE YOUR TESTS FOR THIS.
>> THE NOTICE THAT WE GOT TODAY [OVERLAPPING] FROM MR. MANTELL.
>> LET ME ADD THIS INTO THE RECORD ALSO.
I JUST SAW YOUR NOTICE, AND AS I SAID TO YOU IN A WHILE BACK, CLYDE HAS A RESTRAINING ORDER ON ME.
I CAN'T GO WITHIN 50 FEET OF THE PROPERTY, SO I CAN'T DO ANYTHING WITH THE CAR.
I CAN'T COME TO THE MEETING BECAUSE OF IT.
THE CAR HAS TAGS AND INSURANCE UP TO DATE, THEREFORE NOT ABANDONED.
IT'S ON MY PROPERTY AND OBVIOUSLY, IT'S NOT WRECKED.
ANYWAY, NOT MAKING A FUSS, WE'LL COME SEE YOU TOMORROW.
NOT FEELING GOOD TODAY, GOT SOAKED YESTERDAY.
WE ARE BACK IN COURT ON THE 17TH, AND ALL OF THIS WILL BE DEALT WITH. THANKS, GARY."
>> THANK YOU. YOU HAVEN'T BEEN ABLE TO REACH MR. MANTELL IS THAT CORRECT? WHO'S NOT RESPONDING TO THE PHONE?
>> WELL, I'VE TALKED TO HIM ON SEVERAL OCCASIONS.
LIKE I SAID, MOST OF IT HAS TO DO WITH THE RESTRAINING ORDER.
BUT OUR DEPARTMENT FELT THAT HE HAS A RIGHT TO DO ANYTHING ON HIS PROPERTY.
I MEAN, THIS RESTRAINING ORDER I WOULDN'T FEEL WOULD RESTRICT HIM DOING ANYTHING ON HIS PROPERTY.
NOW, I UNDERSTAND THE 50-FOOT RULE.
WE CAN'T GO I'LL LET YOU ALL INTERPRET THAT.
WE MAY LET THE ATTORNEY MAY INTERPRET THAT ALSO.
BUT IT'S THE CITY'S BELIEF THAT HE HAS A RIGHT TO MAKE REPAIRS ON HIS OWN PROPERTY AND NOT BE IN VIOLATION OF THAT RESTRAINING ORDER, THAT HE COULD MAKE THESE REPAIRS.
>> THANK YOU. BUT HE IS NOT HERE AND HE'S NOT RESPONDING TO THE PHONE.
SO HE CANNOT PRESENT HIS CASE THIS EVENING?
>> NO. LIKE YOU SAID, CRYSTAL HAD SENT HIM A LINK, THE ZOOM CALL.
WE DON'T SEE HIM THAT HE HAS NOT JOINED THE SECTION.
HE DOES KNOW THE HEARING IS IS NOW, LIKE YOU SAID IN THE TEXT THAT HE'S NOT FEELING WELL AND HE COULDN'T BE HERE.
>> WELL, SAMMY, WAS THERE ANYTHING THAT WOULD PROHIBIT HIM FROM MAKING THESE REPAIRS ON HIS OWN PROPERTY?
>> NOT THAT I KNOW. MR. DAVIS WILL TALK ABOUT WHAT HE KNOWS.
I WASN'T AT THE HEARING, BUT I ASSUME HE CAN OCCUPY HIS PROPERTIES.
IT'S RIGHT NEXT DOOR. SO BUT SO WE CAN MR. DAVIS A.
>> GOT IT. WE CAN OPEN THE PUBLIC HEARING.
SO, IF WE HAVE ANYONE WHO'D LIKE TO COME TO THE PODIUM AND PRESENT THEIR CASE, DO WE MISS ANYTHING?
I LIVE AT 20:40 OAK MARSH DRIVE, WHICH IS ADJACENT TO MR. MANTELL'S PROPERTY.
FIRST, THERE IS AN INJUNCTION FOR PROTECTION THAT PREVENTS HIM FROM COMING WITHIN 50 FEET OF ME.
THERE'S NOTHING THAT PREVENTS HIM FROM DOING ANYTHING ON HIS PROPERTY.
I DON'T THINK A COURT OF COMPETENT JURISDICTION COULD ORDER HIM TO NOT DO SOMETHING.
I'M ON THE RECORD. I'M UNDER OATH AND HE CAN IF THERE WAS AN ALLEGATION THAT HE VIOLATED THE INJUNCTION ISSUED BY THE COURT, THERE'S A RECORD WHERE I'M TELLING YOU UNDER OATH THAT IT'S NOT APPLICABLE, SO I WILL BE BOUND BY THAT STATEMENT.
HE HAS TO STAY AWAY FROM US BECAUSE OF CERTAIN THREATS AND STALKING BEHAVIORS THAT HAVE TAKEN PLACE, BUT HE CAN CERTAINLY MAKE CORRECTIONS TO THOSE THINGS THAT ARE FOUND TO BE IN VIOLATION.
IF I MAY, I'M AN ATTORNEY, I LITIGATE ISSUES, I GET PAID TO DO THAT.
IN FACT, I GET PAID TO QUARREL IF YOU WILL.
WHEN I GO HOME, I DO NOT WISH TO QUARREL.
WOULD ENJOY MY HOME AND MY LANDSCAPING, AND MY WIFE AND MY FRIENDS AND THE HOME THAT I LIVE IN, IT'S A NICE NEIGHBORHOOD.
I LIKE LIVING THERE. WE'VE OWNED THE PROPERTY SINCE THE MID-1980S, SO PRETTY GOOD WELL.
THIS PROBLEM STARTED AND IT WAS FIRST BROUGHT TO THE ATTENTION OF THE CITY BECAUSE MR. MANTELL BUILT THIS FENCE PORTION OF WHICH HE PUT ABOUT ALMOST TWO FEET OVER ONTO OUR PROPERTY,
[00:35:03]
AND WE COMPLAINED ABOUT IT TO THE CITY WITHIN ONE YEAR AND THAT VIOLATION HAS NEVER BEEN ADDRESSED OF BUILDING AN UNPERMITTED FENCE.WE'RE EXHAUSTING OUR ADMINISTRATIVE REMEDIES TO IN REGARD TO THAT BEFORE WE GO TO COURT.
BUT THE FENCE THAT YOU SEE IS NOT ON HIS PROPERTY.
IT IS ACTUALLY ON MY PROPERTY AND IT WAS CONSTRUCTED ON MY PROPERTY WITHOUT ANY PERMIT FROM THE CITY OR ANY PERMISSION FROM US.
THE SAME IS TRUE. YOU SAW A POST THAT A RED COLUMN, IF YOU WILL, WITH A CONCRETE BASE.
I HAVE FOR YOU. WE HAD THE PROPERTY, SIR.
THAT CONCRETE BASE IS PARTLY UPON OUR PROPERTY THAT WE OWN.
IT IS PARTLY UPON THE CITY'S RIGHT OF WAY AND OBSTRUCTS OUR ACCESS TO THAT CITY RIGHT OF WAY.
AGAIN, IT IS CONSTRUCTED WITHOUT PERMISSION, AND I WILL WHAT I'M GOING TO GIVE AND PASS AROUND TO YOU ARE SIMPLY THE PHOTOGRAPHS THAT DEPICT THAT.
>> MR. DAVIS. THERE'S A PHOTO OF THAT RIGHT THERE ON THE SCREEN.
>> THAT IS A PHOTOGRAPH OF IT.
IF I MAY, WHAT YOU WILL SEE RIGHT HERE IS CALLED A PRP, OR A PERMANENT REFERENCE POINT INSTALLED BY A SURVEYOR, WHICH SHOWS THAT BASICALLY THIS PART, IF YOU WILL, IS OVERALL PROPERTY THAT MY WIFE AND I OWN.
THE PARK CLOSEST TO THE PHOTOGRAPH OR THE DEPICTION IS ON THE CITY RIGHT OF WAY, AND OUR ACCESS TO THAT PORTION OF THE RIGHT OF WAY IS BLOCKED BY WHAT HE HAS CONSTRUCTED ON IT.
WE BELIEVE THOSE ARE VIOLATIONS OF THE CODE AS WELL THAT SHOULD BE ADDRESSED.
WE CANNOT MAKE THE CITY ADDRESS IT, BUT THEY SHOULD BE ADDRESSED IF OUR OBLIGATION IS TO BRING IT TO THE ATTENTION OF THE CITY.
IF THE CITY DOESN'T TAKE ACTION, THEN WE CAN GO TO COURT AND ENFORCE IT.
BUT I WOULD IF YOU WILL, GOVERNMENT THOMPSON, IF YOU WOULD PASS JUST TAKE THOSE DOWN AND PASS THEM.
THEY SHOW ABOUT WHICH WE SPEAK.
SO WE HAVE IN THE PHOTOGRAPHS YOU SAW PREVIOUSLY, THERE IS A TARP DRAPED ACROSS THE FENCE.
THERE WAS A PREVIOUS ISSUE THAT WAS BROUGHT TO THE ATTENTION OF CODE ENFORCEMENT OF THIS BOARD BECAUSE MR. MANTELL BEING UPSET WITH MY WIFE, AND I DECIDED HE WOULD PAINT GRAFFITI UPON THAT FENCE SO THAT IT FACED MY HOME AND MY DRIVEWAY.
>> EXCUSE ME. MR. DAVIS, DO YOU HAVE COPIES OF THIS FOR THE RECORD?
>> WE DON'T HAVE COPIES BUT WE HAVE TO HOLD UNTIL THEY GET A COPY. IF YOU DON'T HAVE ONE.
>> SO IF THE FENCE WAS CONSTRUCTED WITH THE GOOD SIDE TO HIM OR YOU?
>> BUT TWO FEET OVER THE LINE AND WITHOUT OUR AGREEMENT OR CONSENT.
THEN HE NEXT BUILT A DRAINAGE SYSTEM.
HE HAD A PROBLEM WITH THE WATER COMING DOWN HIGHLAND DRIVE, WHICH IS IN FRONT OF HIS PROPERTY.
I UNDERSTOOD HE HAD A PROBLEM, BUT WHAT HE DID WAS HE BUILT A GUTTER SYSTEM TO DRAIN IT ONTO MY PROPERTY.
IT WAS NOT AN EASEMENT FOR DEPOSIT OF STORMWATER ON OUR PROPERTY.
YOU CAN'T DO THAT. HE GOT UPSET.
HE VANDALIZED OUR LANDSCAPING AND PAINTED GRAFFITI ON THE FENCE.
THE CITY TOLD HIM HE HAD TO REMOVE THE GRAFFITI AND HIS REMEDY WAS TO PUT THAT TARP ON THE FENCE.
THE GRAFFITI STILL THERE IS JUST OBSCURED BY A TARP.
I DON'T KNOW WHETHER THAT'S CONSISTENT WITH WHAT THE CITY REQUIRED OR NOT.
THERE WAS NO FURTHER ACTION TAKEN BY THE CITY, BUT THAT'S WHERE WE ARE UNTIL MISS BOT GET YOU MORE INTO THAT.
WE HAD ISSUES WITH A CERTAIN FIBER OPTIC COMPANY COMING ONTO OUR PROPERTY OUTSIDE OF ANY PUBLIC RIGHT OF WAY AND TRYING TO CONSTRUCT THE IMPROVEMENTS ON OUR PROPERTY.
WE COMPLAINED WE ACTUALLY HAD TO HAVE THE PROPERTY SURVEYED.
[00:40:04]
WE HAD SURVEYED, THUS THE PERMANENT REFERENCE MARKER ON THE POST THE CITY MANAGER AND ONE OF YOUR CITY COMMISSIONERS CAME OUT TO OBSERVE.MR. MANTELL GOT UPSET AND ENGAGED IN OTHER BEHAVIORS WHICH RESULTED IN US GETTING THE INJUNCTION FOR PROTECTION AGAINST HIM.
WE APPRECIATE THE EFFORTS THAT THE CITY AND THEIR STAFF HAVE MADE, BUT WE JUST SIMPLY ASKED THE CITY TO ENFORCE ITS CODE IN ALL RESPECTS.
AS TO MR. MANTELL, IF YOU GO BY THERE, IF YOU WANTED TO GO BY THERE TODAY, WHAT YOU WOULD SEE IS, AS TO HIS PLUMBING BUSINESS, THAT THERE'S LITERALLY A SINK HANGING ON THE FENCE.
IT'S NOT HANGING ON THE FENCE ON OUR SIDE OF THE PROPERTY LINE, BUT IT'S JUST IT'S PART OF A PLUMBING BUSINESS THAT IS RUN OUT OF HIS HOME.
BUT THE PROPERTY IS NOT ZONED FOR A CONSTRUCTION-RELATED BUSINESS.
BUT WE END UP FROM TIME TO TIME WITH CONSTRUCTION DEBRIS RELATED TO HIS BUSINESS THAT HE RUNS OUT OF HIS HOME PILED UP AGAINST OUR PROPERTY LINE.
IF YOU GO BY THERE TODAY, YOU WILL SEE THAT THERE'S A CONTAINER FOR, I BELIEVE IT IS CHLORINE THAT HAS BEEN JUST LEFT ON THE GROUND ADJOINING OUR PROPERTY.
IT'S BEEN THERE FOR SEVERAL MONTHS.
THESE ARE THE THINGS WITH WHICH WE HAVE TO DEAL LITERALLY ON A DAILY BASIS.
IT'S JUST AT SOME POINT IN TIME, YOU ONE HAS HAD ENOUGH AND IT'S TIME FOR YOU TO COME TO A HEAD AND STOP.
I'LL BE GLAD TO ANSWER ANY QUESTIONS.
>> MR. GEORGE, ANY QUESTIONS FOR THE WITNESS?
>> I'M TRYING NOT TO GET INTO LEGAL LEASE HERE, BUT WHAT WOULD MR. MANTELL'S RETORT BE TO ANY OF THIS?
>> THE ONLY RETORT THAT HE COULD MAKE, I BELIEVE, WOULD BE TO DISPUTE THE LOCATION OF THE PROPERTY LINE AND THE PROPERTY LINE HAS NOT MOVED.
I HAVE SURVEYS FROM BACK WHEN MS. DAVIS AND I BOUGHT THE PROPERTY, SHORTLY AFTER WE WERE MARRIED AND IT HASN'T MOVED.
>> DID HE BUILD THE FENCE BEFORE YOU HAD THE SURVEY, AND HOW LONG HAS HIS FENCE BEEN THERE?
>> HIS FENCE WAS CONSTRUCTED, TO THE BEST OF MY RECOLLECTION AND ABILITY, SOMETIME IN SEPTEMBER OR OCTOBER OF 2021.
WE FIRST MADE OUR COMPLAINT ABOUT THAT FENCE TO THE CITY IN JULY OF 2022.
>> THERE WAS NOTHING THERE BEFOREHAND?
>> THERE WAS A CHAIN LINK FENCE ALONG THE BOUNDARY THAT WAS CONSTRUCTED BY THE BROWNS WHO LIVED THERE BEFORE MR. MANTELL ACQUIRED THE PROPERTY.
IT'S THE REMNANTS OF THE BROWNS' CHAIN LINK FENCE THAT IS THE SUBJECT OF THE VALUATION THAT YOU ALL ARE ADDRESSING THIS EVENING.
IT WAS DAMAGED IN A TROPICAL STORM BACK IN 2020 PERHAPS.
>> IS HE DISPUTING THE SURVEY LINES?
>> I CAN DESCRIBE THE BEHAVIOR WHICH IS SHOPPING MY LANDSCAPING AND THROWING THE LANDSCAPING DEBRIS INTO MY DRIVEWAY.
CUTTING OFF THE TOP OF THE FENCE AND THROWING THE TOPS OF THE FENCE INTO MY DRIVEWAY.
HIS BEHAVIOR, PUTTING UP A BANNER, I BELIEVE THE CODE ENFORCEMENT PEOPLE SAW.
HE HAD A BANNER STRETCHED OUT ACROSS HIS BACK DECK ADDRESSED, I BELIEVE, TO MY WIFE, WHO HAS NOT HAD ANY INTERACTION WITH HIM.
MY WIFE'S NAME IS NOT SUSAN, IS APRIL.
BUT THE BANNER IS ONLY VISIBLE FROM OUR PROPERTY.
MY ASSUMPTION IS, SINCE HE ADDRESSES IT IN A FEMININE FORM, IT'S INTENDED FOR MY WIFE.
PREVIOUSLY, HE HAD ERECTED WITH THE CONCRETE AND POST, IT'S GOT A MAILBOX ON IT, WAS ORIGINALLY A YELLOW POST WITH THE WORD CUNT WRITTEN ON IT, WHICH I AGAIN,
[00:45:05]
TOOK AS A DISPARAGEMENT OF MY SPOUSE.>> ANY OTHER QUESTIONS [INAUDIBLE]?
JUST IF I MIGHT ADDRESS MR. DAVIS.
WITH REGARD TO THE MAILBOX, THE CITY DOES NOT PERMIT MAILBOXES IN ANY WAY, SHAPE, OR FORM.
>> THE MAILBOX, IF THAT'S ENCROACHING ON YOUR PROPERTY, I THINK THAT'S PROBABLY A CIVIL AND PRIVATE MATTER THAT YOU NEED TO DEAL WITH THERE.
WITH REGARD TO THE PLUMBING BUSINESS BEING RUN OUT OF THE HOUSE, YOU'RE PROBABLY AWARE THAT STATE LEGISLATURE CONTINUES TO PREEMPT OUR LOCAL REGULATIONS EVERYWHERE AROUND THE STATE.
THEY PASSED IN 2021 AND CREATED SECTION 559.955 OF THE FLORIDA STATUTES AND ALLOWS PEOPLE TO RUN HOME BUSINESSES OUT OF THEIR HOME.
THEY'RE NOT ALLOWED TO RECEIVE CUSTOMERS, COMING AND GOING LIKE A RETAIL, BUT THEY CAN RUN A PLUMBING BUSINESS.
HIS VIOLATIONS SEEM TO BE, WE'RE ASSUMING WHAT MR. DAVIS SAYING IS TRUE, IS STORING THAT COMMERCIAL OR BUSINESS EQUIPMENT OUTSIDE. MICHELLE.
>> JUST ONE ADDITION TO WHAT YOU SAID ABOUT STATE LEGISLATURE.
HE STILL HAS TO HAVE A LOCAL BUSINESS TAX RECEIPT.
>> I JUST WANT TO MAKE SURE EVERYBODY [INAUDIBLE].
>> I KNOW THAT. I HAVE THE NEW STATUTE. ABSOLUTELY.
>> HE HAS TO HAVE A LOCAL BUSINESS TAX RECEIPT, WHICH IS ONE OF THE VIOLATIONS THAT YOU ALL HAVE BEFORE YOU TONIGHT.
THAT HE HAS NOT RENEWED, HE DOESN'T HAVE A VALID PERMIT, BUT HE IS CONDUCTING A BUSINESS, WHICH IS A VIOLATION OF OUR CODE.
THAT IS STILL, BUT THE NEW LAW BASICALLY SAYS THESE BUSINESSES MAY OPERATE IN AREA ZONE FOR RESIDENTIAL USE, BUT THEY STILL HAVE TO APPLY FOR BUSINESS TAX RECEIPTS.
THE ONLY THING THAT WE CAN REALLY REGULATE BESIDES THE BUSINESS TAX RECEIPT IS PARKING.
FOR EXAMPLE, THEY'RE NOT ALLOWED TO HAVE, LIKE I SAY, A LOT OF VISITORS AND A LOT OF CARS, WHETHER IT'S EMPLOYEES OR CUSTOMERS, PARK THERE.
>> I WOULD SUBMIT, BECAUSE I BELIEVE THAT THE CITY ALSO CAN COLLECT ITS CHARGES FOR SEWER, REFUSE, AND OTHER THINGS AT A COMMERCIAL RATE IF THAT IS BEING USED FOR A COMMERCIAL PURPOSE.
I DON'T KNOW, GIVING IT ESSENTIALLY DIFFERENTIAL BENEFIT TO SETTING UP YOUR BUSINESS IN A RESIDENTIAL AREA AND GETTING A RESIDENTIAL RATE FOR WATER, SEWER.
>> THAT'S POSSIBLE. YOU MIGHT SEND MR. DESIRAE AN EMAIL AND SUGGEST THAT'S NOT ANYTHING I'VE BEEN ASKED ABOUT, AND I'M NOT SURE THAT THEY'VE CONSIDERED THAT.
I DON'T KNOW IF THAT WOULD BE, BUT IT'S DEFINITELY NOT RELEVANT TO ANY OF OUR CHARGES TONIGHT.
I JUST WANTED TO, AS WE WERE GOING THROUGH PICTURES AND MR. DAVIS'S TESTIMONY, JUST ADDRESS SOME OF THE THINGS THAT HE MENTIONED THAT ARE NOT BEFORE YOU.
I WAS CURIOUS, MR. MANTELL, IN HIS NOTE TODAY, SAID THAT YOU'RE GOING TO BE IN COURT ON THE 17TH.
THE ONLY THING PENDING IS ABOUT THE INJUNCTION?
WE'VE HAD A FINAL HEARING SCHEDULED ON INJUNCTIONS THREE TIMES, AND THE CAN HAS BEEN KICKED DOWN THE ROAD-
>> THREE TIMES. WE HAVE A FINAL HEARING SCHEDULED.
>> BUT YOU HAVEN'T FILED ANY CAUSE OF ACTION REGARDING THE ENCROACHMENTS ON YOUR PROPERTY?
>> NOT AT THIS TIME. UNTIL, LET'S JUST SAY, ALL ADMINISTRATIVE REMEDIES ARE EXHAUSTED.
THEN THE OLD SAYING, A LAWYER WHO REPRESENTS HIMSELF IN COURT HAS A FOOL FOR A CLIENT.
I WILL HAVE THE COUNT [INAUDIBLE].
>> THEN THE LAST THING I THINK THAT WAS ADDRESSED IS THE FENCE ENCROACHMENT.
I DON'T KNOW WHAT TO SAY ABOUT THE GRAFFITI, OTHER THAN THAT THE CITY, WITH REGARD TO THE FIRST AMENDMENT AND GRAFFITI ON OFFENSE, PEOPLE HAVE PUT ALL KINDS OF THINGS.
IN FACT, ON MY OWN FENCE, I HAD AN ARTIST FOR MY KIDS PAINT ARTWORK ON MY FENCE.
IT'S ON THE INSIDE FOR US TO LOOK AT, BUT IT COULD HAVE BEEN ON THE OUTSIDE, AND THERE'S REALLY NOTHING THE CITY CAN DO ABOUT IT.
AT LEAST THAT HAS BEEN MY POSITION, AND WITH REGARD TO WHAT HAS BEEN SAID, IT SOUNDS DISGUSTING, BUT WE CAN'T CONTROL IF HE PUTS THAT.
[00:50:01]
NOW WE DID, WE WENT OUT THERE.WE SAID YOU'VE GOT TO COVER IT.
HE DIDN'T PUSH BACK, HE COVERED IT.
THE TARP ITSELF THAT IS PINNED TO THE FENCE, AND IT LOOKS LIKE SOME OF THOSE SLATS THAT HE CUT DOWN ARE ALSO COVERING SOME KIND OF SPRAY PAINT.
>> THERE IS NOTHING ON THE CODE THAT SAYS-
>> THAT SAYS YOU CAN'T HAVE A TARP.
THIS BOARD HAS ACTUALLY SEEN CASES WHERE PEOPLE HAVE USED TARPS FOR FENCES, AND WE DON'T ALLOW THAT.
BUT IN THIS CASE, THEY'RE SAYING THAT IT'S NOT A VIOLATION OF OUR CODE.
THEN THE ENCROACHMENT OF THE FENCE AND THE BUILDING OF THE FENCE WITHOUT A PERMIT, THE FENCE PERMITS THAT WE HAVE HERE AT THE CITY, IT'S NOT PART OF THE BUILDING CODE.
THEY'RE NOT REGULATED BY THE BUILDING CODE.
IT'S REALLY COMING OUT OF THE PLANNING DEPARTMENT.
MY UNDERSTANDING OF THE LAW IS THAT IF THE CITY DOES NOT ENFORCE AN ENCROACHMENT ON YOUR PROPERTY, YOU CERTAINLY HAVE THE ABILITY TO ENFORCE THAT IN COURT.
>> THAT'S WHAT WE'LL HAVE TO DO.
>> THANK YOU. ANY OTHER QUESTIONS FOR MR. DAVIS?
>> GEORGE ASKED ME QUESTIONS FOR YOU.
>> WE'RE BASICALLY LOOKING AT FOUR ISSUES HERE.
ONE IS A FENCE BUILT IMPROPERLY.
SECOND IS AN AUTOMOBILE NOT BEING USED.
THIRD IS OVERGROWN VEGETATION, AND FOURTH IS OUT OUTSIDE STORAGE, CORRECT?
>> ALSO THE CHAIN LINK FENCING AROUND THE REAR PERIMETER AND THE PLATFORM.
IT'S LAYING DOWN AND IT'S OVERGROWN WITH VEGETATION.
>> WE ARE ONLY ADDRESSING THESE TANGIBLE ISSUES, NOT ANYTHING PERSONAL, RIGHT?
>> I WOULDN'T ASK YOU TO ADDRESS STATING THE CAUSE.
>> I JUST WANT TO MAKE SURE YOU'RE ON IT.
I HAVE A QUESTION FOR OFFICER WELLS.
THE NOTE WE GOT HERE INDICATES THAT THE CAR HAS BEEN REGISTERED?
>> IT DOES NOT HAVE A CURRENT STICKER ON THERE AS OF THIS AFTERNOON WHEN WE WENT BY [INAUDIBLE].
>> HOW OFTEN DO YOU COMMUNICATE WITH MR. MANTELL? IS IT EASY TO COMMUNICATE WITH THE PHONE, VISIT?
>> WHEN HE DOES RETURN YOUR PHONE CALL, I'VE LEFT HIM MESSAGES AND I'VE HEARD NOTHING BACK FROM HIM.
>> IT APPEARS FROM HIS EMAIL, OR TEXT, OR WHATEVER IT IS, THAT HE DOESN'T UNDERSTAND ABOUT THE RESTRAINING ORDER, THAT HE THINKS HE CAN'T SHOW UP AT THE HEARING, AND HE CAN'T FIX HIS FENCE BECAUSE HE'S GOT THE 50 FEET.
ARE YOU ABLE TO TALK WITH HIM TO EXPLAIN THAT OR WHO COULD EXPLAIN THAT TO HIM?
>> I GUESS, WE CAN REACH OUT AND CLARIFY WHAT THE RESTRAINING ORDER STATES, BUT I DON'T KNOW IF THAT'S OUR RESPONSIBILITY.
>> SO THAT YOUR GUIDANCE IS TO GET HIM TO FIX THE FENCE, BUT HE THINKS HE CAN'T BECAUSE OF THE RESTRAINING ORDER.
WHO CAN CLARIFY THAT INFORMATION?
>> WELL, WE JUST NEED TO LET HIM KNOW THAT HE IS RESPONSIBLE FOR THESE VIOLATIONS.
HE CAN DO ALL THE REPAIRS ON HIS PROPERTY.
HE JUST NEEDS TO MAINTAIN A 50-FOOT DISTANCE FROM MR. DAVIS AND HIS WIFE.
I'M SURE THEY'RE NOT GOING TO BE OUT THERE WITHIN 50 FEET OF HIM ANYWAY.
AS LONG AS HE STAYS ON HIS PROPERTY AND DOES HIS REPAIRS, I SEE NO REASON WHY THESE REPAIRS CAN'T BE MADE.
>> IT SEEMS LIKE THERE'S QUITE A BIT OF COMMUNICATION ISSUES WITH MR. MANTELL.
THANK YOU. ANY DISCUSSION BY THE BOARD?
>> I'LL MAKE A MOTION TO FIND MR. MANTELL IN VIOLATION.
HE WILL HAVE 30 DAYS TO COME INTO COMPLIANCE WHICH WOULD BE MAY 5TH, AT WHICH TIME, IF HE DOESN'T COME INTO COMPLIANCE HE'LL BE RESPONSIBLE FOR ADMINISTRATIVE FEES.
ON THAT SAME DATE, MAY 5TH, HE WILL BEGIN A $50 DAY FINE.
AFTER THE 30 DAYS, HE WILL HAVE A LIEN PLACED ON HIS PROPERTY.
>> BOARD SECRETARY, WOULD YOU RECEIVE THE MOTION AND THEN CODE, VOTE, PLEASE.
>> GIVE ME ONE SECOND. FIND THE PROPERTY IN VIOLATION OF MUNICIPAL CODE OF ORDINANCES SECTION 42-173 AND 42-117-74-66 IN LAND DEVELOPMENT CODE CHAPTER 5.01.09 GIVING THE OWNER 30 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY MAY 5,
[00:55:02]
2024, ASSESS ADMINISTRATIVE FEES, AND A FINE OF $50 PER DAY TO BEGIN ON MAY 6, 2024, IF NOT IN COMPLIANCE BY MAY 7TH.FEES TO BE PAID AND A FINE AT THE DEALERS PER DAY TO BEGIN ON MAY 5T.
>> THERE SHOULD BE A LANGUAGE IN THERE TOO.
THE LIEN PLACED ON THE PROPERTY IN 45 DAYS IF IT'S NOT IN COMPLIANCE OR THE FINES PAID.
>> SORRY MRS. CRYSTAL SAY THAT AGAIN.
>> IN THE STAFF'S RECOMMENDATION, A LIEN IS PLACED ON THE PROPERTY IN 45 DAYS, AND WE'VE BEEN ASKING YOU ALL TO MAKE SURE THAT THAT'S YOUR WISH.
IT CAN'T BE PLACED IF IT COMES INTO COMPLIANCE BEFORE MAY 5TH, AND IT CAN'T BE PLACED IF THE FINES ARE PAID.
IF HE'S GOT, LET'S SAY, ONE DAY OF FINES AND HE COMES IN, AND HE PAYS THE $50 THEN WE CAN'T PLACE THE LIEN.
OR IF HE COMES IN AND HE PAYS $150 AND HE WENT A FEW DAYS PAST, AND I'VE ALREADY FILED THE LIEN, THEN HE PAYS THE FINE AND I HAVE TO FILE A SATISFACTION OF LIEN WHICH WIPES IT AWAY.
IF THEY'RE PAID, THEY GO AWAY.
>> THANK YOU VERY MUCH FOR COMING.
MR. LORE, DID YOU HAVE ANYTHING YOU WANTED TO ADD TO THIS EVENING? OR ARE YOU JUST LISTENING? [LAUGHTER]
>> HE WANTS TO JOIN US. WE GOT AN OPEN SEAT.
PAUL LORE, 11 SOUTH SEVENTH STREET, FERNANDINA BEACH, FLORIDA.
IF I COULD, MISS CRYSTAL, I DON'T KNOW IF YOU CAN BRING UP THE LAST EMAIL I SENT YOU BECAUSE IT'S GOT A GREAT PHOTO.
>> MR. PAUL, YOU THINK YOU CAN DO THIS IN 10 MINUTES?
>> I GOT TO BE AT WORK. I'M ALREADY LATE.
[LAUGHTER] I DIDN'T REALLY SAY THAT ON THE RECORD.
[LAUGHTER] BUT YES, IT CAN BE REALLY QUICK.
I DID SEND A COUPLE OF EMAILS TO THE OFFICE ABOUT THE UPDATES.
I KNOW PERSONALLY, I'M GOING TO PROBABLY BE EITHER GONE OR EXTREMELY BUSY IN JUNE.
I KNOW THAT'S OUR NEXT UPDATE FOR YOU ALL.
I WAS WANTING TO SEE EITHER IF I COULD DO A FALL UPDATE, OR DO AN UPDATE NOW.
I'M GOING TO BE TRYING TO CROSS THE GULF OF MEXICO IN EITHER MAY OR JUNE, AND THEN ALSO WE HAVE TRAINING IN JUNE, SO I JUST DIDN'T WANT TO COME THEN WHEN IT WAS REALLY BUSY.
BUT THE REAL SHORT OF IT IS YOU COULD SEE THIS PIECE RIGHT HERE, THIS WHITE PIECE, THEY MADE A MISTAKE AND THEY HAD BLUE, BUT IT'S WHITE UP.
WE JUST PAID OUT THE PAINT BILL FOR THE WHOLE TOP OF THE HALF BECAUSE THEY TOOK CARE OF ALL THE MISTAKES.
TO LET YOU KNOW FOR THE RECORD TOO, I GAVE UP A TRIP TO SOUTH AFRICA TO BE HOME TO WATCH THE PAINTERS SO THAT THEY DID A GREAT JOB.
WE'RE REALLY HAPPY WITH THE COMPANY AND WE'RE REALLY HAPPY WITH THE RESULTS.
THE EAST SIDE OF THE HOUSE IS ALL DONE.
THERE'S TOUCH-UP AREAS THAT WE SEE THAT WE'VE GOT TO DO AND IT'S PIECES THAT RUTH AND I HAVE DONE IN THE FRONT OF THE HOUSE.
THE TWO FRONT DOORS GOT TO GET DONE.
BUT THE NORTH SIDE OF THE HOUSE IS DONE MINUS SOME TOUCH-UPS.
THEN THE SOUTH SIDE OF THE HOUSE IS NOT DONE YET.
BUT DOWN ON THE FIRST FLOOR, I THINK RUTH AND I ARE ONLY GOING TO JUST DO SOME SANDING FOR RIGHT NOW.
THAT'S THE PIECE I WANTED TO RELAY TO YOU.
ON THE OTHER SIDE WHERE THE MAIN WINDOW IS, I DON'T KNOW IF YOU REMEMBER, THERE'S A LITTLE SMALL BUILDING THAT'S BEEN EXISTING THERE.
THAT IS GOING TO COMPLETELY CHANGE.
THERE'S GOING TO BE A PORCH THAT'S GOING TO BE ADDED ONTO IT, AND IT'S JUST TO BRING THE HOUSE IN SYMMETRY.
WE'LL HAVE TWO EXISTING PORCHES THAT ARE THE SAME WAY.
I THINK THE PERMIT EXPIRED WITH THE HDC.
[01:00:02]
IT'S JUST ANOTHER FORMALITY WHERE JOSE ALREADY KNOWS WE'RE GOING TO GET ON THE AGENDA IN MAY, REDO THAT BECAUSE I THINK THERE WAS ONE OR TWO COATS THAT CHANGED, BUT NOTHING SIGNIFICANT FOR OURS.I THINK IT'S JUST A MATTER OF JUST GOING THROUGH SOME STEPS.
>> IS THIS THE BACK OF THE HOUSE?
>> NO. I DON'T KNOW CRYSTAL, IF YOU FORGOT.
>> I WAS ACTUALLY PULLING UP SOME OF THE OLDER PHOTOS.
>> IT'S THAT LITTLE SMALL ADDITION ON THE SOUTH SIDE.
>> YEAH, WHEN YOU'RE LOOKING AT THE HOUSE, IT'S THE LEFT SIDE.
I THINK YOU GUYS SHOULD HAVE A PICTURE OF THAT.
>> I'M GETTING A LOT ON THE OTHER SIDE.
>> IN ORDER TO PUT THE PORCH ON THEY HAVE TO MOVE THE AIR CONDITIONER ALMOST TWO FEET UP.
THERE'S GOING TO BE A LOT OF WORK DONE ON THAT SIDE OF THE HOUSE, AND THEN THE ROOF LINE WILL EDGE INTO THAT SIDE OF THE HOUSE.
WE WERE JUST HESITANT ON PAINTING ON THAT AREA.
IT'S REALLY GREAT NEWS. THE HOUSE LOOKS BEAUTIFUL.
WE PICKED A COLOR NOT ONLY THAT WE LOVE, BUT WE REALLY WANTED THE COLOR TO BOUNCE OFF AT MISS DEBORAH'S HOUSE, AND I THINK WE REALLY SUCCEEDED IN THAT IN A BIG WAY.
EVERYBODY THAT'S COMING BY IS REALLY LIKING IT.
I HAD A BUNCH OF FRIENDS GIVE ME A COUPLE OF BOTTLE JACKS.
WE'RE DOING SOME THINGS, AGAIN, WITH THE PEER FOUNDATIONS.
THEN IN THE GARAGE RIGHT NOW, I DON'T EVEN WANT TO LOOK AT THAT.
[LAUGHTER] A LITTLE WEIRD MOMENT.
ALL THE RAILINGS AND THE BALUSTERS AND STUFF, RUTH AND I ARE IN THE GARAGE AND WE'RE RESTORING THE ONES THAT WE COULD HAVE SALVAGED.
ALL THE HAND RAILINGS ARE SAVED.
THE BALUSTERS ARE ACTUALLY THE ONES THAT REALLY TOOK A BAD HIT.
BUT YEAH, SHE'S JUST IN REALLY GOOD SHAPE.
I JUST WANTED TO BE ACTIVE ON THE FRONT END TO REPORT OUT, INSTEAD OF LETTING JUNE COME UP AND THEN WE GOT ALL CRUNCHED, AND WEIRD, AND STUFF.
THAT'S REALLY IT. THAT WE DON'T GET CAUGHT IN JUNE, IF WE CAN JUST PUSH IT BACK WHENEVER YOU WANT TO DO IT.
IF YOU WANT TO DO IT IN JULY OR AUGUST, BUT JUNE JUST SEEMS TO BE A BAD MONTH FOR US.
>> YOU WERE ACTUALLY SUPPOSED TO COME BACK IN AUGUST?
>> SWEET. WELL, NOW I'M GOING TO GO TO WORK.
>> THAT'S WHEN Y'ALL WANTED HIM BACK.
>> SO IT WOULDN'T CHANGE ANYTHING TONIGHT.
>> OKAY. THANK YOU. AGAIN, I JUST WANTED TO REPORT OUT.
I THINK IT'S SOME REALLY GOOD NEWS AND SHE'S LOOKING REALLY GOOD.
>> ANY BOARD MEMBERS HAVE ANYTHING TO DISCUSS?
[6. BOARD BUSINESS]
WILL THE CITY HAVE ANYTHING TO DISCUSS? DID YOU WANT TO TALK ABOUT THAT SPECIAL MEETING?>> YES. I WAS GOING TO TRY TO GET TOGETHER BASICALLY A POLICY PROCEDURES-TYPE PACKET FOR THE BOARD AND HAVE YOU GUYS LOOK IT OVER, SEE IF THERE'S ANY CHANGES THAT YOU MIGHT WANT TO IMPLEMENT INTO THAT.
THAT WAY WE HAVE A SET STANDARD THAT YOU GUYS WANT TO START GOING BY AS LONG AS IT FOLLOWS IN THE CODE AND MISS [INAUDIBLE] APPROVES WITH IT.
BUT BASICALLY, WE WANT TO DO A LITTLE EDUCATION PORTION THAT JUST LETS YOU GUYS KNOW ON OUR END WHAT WE'RE DOING AND WHAT THE WHOLE PURPOSES OF THE BOARD AT THE END OF THE DAY, WHAT THAT ALL IS.
IT GIVES Y'ALL A CHANCE TO DISCUSS STUFF OUTSIDE OF HAVING RESPONDENTS RIGHT IN FRONT OF YOU.
>> IS THAT WHERE YOU'RE GOING TO TALK ABOUT LIENS, ADMIN FEES, AND ANYTHING ELSE?
>> DID YOU SCHEDULE THAT FOR APRIL 30TH?
>> YES. I DID PUT IT ON THERE.
>> DID WE HEAR ABOUT THAT BEFORE?
>> NO. THAT WAS THE FIRST TIME I ANNOUNCED IT.
>> WELL, I MADE CALLS TO EVERYBODY.
>> I DON'T REMEMBER THE DATES. THAT'S ALL.
I THOUGHT IT WAS GOING TO BE IN CONJUNCTION WITH ONE OF OUR BOARD MEETINGS [INAUDIBLE]
>> THAT WAS THE ONLY THING I HAVEN'T MADE THE OFFICIAL AGENDA FOR IT BECAUSE I WANTED TO DISCUSS WHICH TIME OF THE DAY WOULD WORK BEST FOR Y'ALL.
>> WHEN I TALKED ON THE PHONE, WE TALKED ABOUT DOING IT EITHER BEFORE A BOARD MEETING OR AFTER BECAUSE HAVING IT ON A DIFFERENT DAY MIGHT IMPACT OTHER PEOPLE'S WORK OR WHATEVER.
I'M JUST PUTTING IT OUT THERE.
>> FROM WHAT I REMEMBER, WE TALKED ABOUT EITHER DOING 5:00 - 7:00 OR FROM EARLIER IN THE DAY.
[01:05:01]
I DIDN'T WANT TO DO IT TOO EARLY AND YOU GUYS HAVE TO TAKE OFF WORK FOR A SPECIAL THING.BUT I ALSO DIDN'T WANT TO DO IT TOO LATE AND INFLUENCE THAT TOO.
JUST LET ME KNOW WHAT WORKS FOR Y'ALL AND WE'LL GO FROM THERE.
I'D RATHER DO IT ON A DIFFERENT DAY RATHER THAN NOT ON A HEARING DAY BECAUSE PROBABLY IT COULD TAKE AN HOUR OR TWO DEPENDING ON THE DISCUSSION.
>> IS THAT THE SAME NIGHT AS A CITY COMMISSIONER MEETING?
>> NO. THAT'S THE FIFTH WEEK OF THE MONTH. WE DON'T HAVE ONE.
>> DOES THE MAY MEETING CHANGE BECAUSE OF SHRIMP FESTIVAL?
>> STILL THE SAME. I KEPT IT ON A THURSDAY.
>> CAN Y'ALL MEET ON APRIL 30TH?
>> JUST BEFORE SHRIMP FESTIVAL.
>> OR AT THE VERY LEAST, CALL IN.
>>IT'S JUST BEFORE SHRIMP FESTIVAL SO IF ANYBODY'S INVOLVED WITH THAT.
>> RIGHT. [INAUDIBLE] BEFOREHAND.
>> IT'S GOOD WITH ME. ANY DAY BUT WEDNESDAY. I [INAUDIBLE] ON WEDNESDAYS.
>> IS THE 5:00 PM TIME THE BEST? OR CAN WE START EARLIER?
>> I'M SEVEN HOURS AHEAD OF EVERYONE.
I THINK EARLIER WOULD BE CONSIDERED FOR ME AS FEASIBLE.
>> BECAUSE WHAT I WAS THINKING IN MY HEAD IS 3:00, AND I THINK ABOUT THAT FOR STAFF TOO.
THESE GUYS START AT 7:30 IN THE MORNING. YOU KNOW WHAT I MEAN? WE HAVE THE CODE BOARD MEETINGS.
THAT'S THE WHOLE REASON WE HAVE THE MEETINGS AT 5:00 AND 6:00 IS PEOPLE THAT ARE WORKING CAN MAKE SURE THAT THEY'RE HERE.
BUT FOR THIS TYPE OF THING, IF YOU ALL ARE AVAILABLE AT 3:00, THAT'S ALWAYS BETTER FOR STAFF, BUT WE ARE HERE AT YOUR SERVICE.
SO IF 5:00 IS THE TIME, THEN THAT'S WHAT WE DO.
>> WHAT DO YOU THINK ABOUT 3:00? I CAN DO 3:00, [OVERLAPPING] BUT I CAN MOVE IT AT 4:30.
>> FINE. WE DO A 90-MINUTE MEETING THEN.
>> NICOLE, YOU OKAY WITH 3:00-5:00ISH?
>> 3:00-5:00 IS 10 O'CLOCK AT NIGHT.
>> ANDY, YOU'RE OKAY? BECAUSE I KNOW SOMETIMES.
>> I AM LOOKING AT MY CALENDAR.
I DON'T HAVE ANY BOOK YET, BUT I'LL BE HERE.
>> WE'LL SEE YOU AT 3:00. NOW, WHEN WE SAY ONE HOUR, TWO HOURS, DON'T GET SCARED.
WE'RE STILL FORMULATING WHAT WE'RE DOING.
THERE ARE THINGS THAT I THINK IT'S JUST GOOD TRAINING TO HAVE IS SOME REVIEW OF SUNSHINE LAW, PUBLIC RECORDS, OPEN MEETINGS, REVIEW OF QUASI JUDICIAL PROCEDURES, REVIEW OF SOME OF THE ETHICS LAWS THAT WE HAVE.
ALL ARE SUBJECT TO THE STATE CODE OF ETHICS.
FOR EXAMPLE, WE NEVER USED TO PUT OR DISCUSS LIENS, IT JUST HAPPENED.
WE MADE OUR OWN INTERNAL PROCEDURE.
[BACKGROUND] I KNOW. [OVERLAPPING]
>> WE JUST WANTED YOU TO DECIDE IT.
>> WE WANT TO MAKE SURE FROM THE TRAINING PART THAT I'LL BE RESPONSIBLE FOR SUNSHINE ETHICS.
WE ALSO WANT TO KNOW AND GET YOUR FEEDBACK ON THE STAFF REPORT FORMAT AND QUESTIONS THAT YOU HAVE, HOW YOU ALL MAKE YOUR DECISIONS, INFORMATION THAT YOU GET HERE, THINGS LIKE THAT.
THAT'S REALLY WHAT IT'S FOR, IS FOR US TO TALK.
>> ONE THING RIGHT HERE, THIS IS OUR FINDINGS OF FACTS TEMPLATE.
AS SOON AS WE GET DONE WITH THESE HEARINGS, I GO BACK TO THE OFFICE AND I INPUT ALL OF THIS INFORMATION.
>> THAT'S THE DOCUMENT THAT GETS RECORDED [OVERLAPPING] IF WE RECORD A LIEN.
>> I JUST WANT TO SHOW YOU GUYS THIS.
THIS RIGHT HERE IS THE MOTION THAT YOU ALL ARE MAKING.
THAT'S THE MOTION YOU ALL ARE MAKING.
EVERYTHING ELSE IN HERE IS SAYING, WHAT IS IT, YOU CAN FILE A LIEN AFTER 30 DAYS OF THE DATE SO ORDERED.
>> SOME OF THIS IS COMING FROM THE STATUTE?
>> YES. BUT ALL I'M TRYING TO SAY IS THIS WASN'T TYPICALLY CHANGED, DOES IT? I'VE NEVER CHANGED THIS PORTION.
>> THAT COMES FROM THE STATUTE.
>> THAT'S WHAT I WANT TO MAKE SURE BECAUSE WE'VE NEVER REALLY HAD THOSE DISCUSSIONS HERE.
LIKE CRYSTAL SAID, I AGREE WITH HER.
IT'S EASIER TO HAVE IT IN ITS OWN MEETING, THAT'S A DIFFERENT FORMAT, THAN HAVING RESPONDENTS SHOWING UP BEFORE OR AFTER OUR DISCUSSION.
>> WE, AS A BOARD, HAVE AN OPTION TO PUT THE LIEN IN OR NOT PUT THE LIEN IN.
>> YES, AND AND I AM GOING TO THAT EVENING TO BRING UP THE STATUTE FOR YOU AND LET YOU KNOW WHAT THAT MEANS.
>> IN THAT LIEN SECTION, YOU CAN SAY YES OR NO,
[01:10:01]
HAVE A BOX OR SOMETHING THAT SAYS YES OR NO OR SOMETHING LIKE THAT SO THAT WE HAVE AN OPTION TO DO THAT?>> POTENTIALLY, WE PROBABLY NEED TO POLL EVERYTHING UP TO MAKE SURE.
>> THAT'S WHAT WE WANTED. I THINK THAT'S WHAT WE WANT TO DISCUSS.
WE WANT TO MAKE SURE THAT WE'RE ALL ON THE SAME PAGE.
>> FOR INSTANCE, MR. LAURIE, WE'VE HAD HIM COMING BACK A LOT.
HE TECHNICALLY WAS FOUND IN VIOLATION, BUT HE HASN'T EVER HAD TO ASSESS A VIOLATION FINE.
>> BECAUSE THEY'VE BEEN WAIVED AND AND PUSHED.
BECAUSE OF THAT, THIS PORTION I REMOVED AND KEPT THIS PORTION AND BASICALLY BECAUSE WE'RE NOT GOING TO FILE A LIEN IF THERE'S NO MONEY OWED.
>> BUT I THINK WITH MR. LAURIE, WE JUST HELD THE FINES AND [INAUDIBLE]
>> HE ALSO OWE THE ADMINISTRATIVE FEES BECAUSE THAT HAS BEEN PUT IN.
>> THAT'S GOING TO BE REVIEWED IN AUGUST?
>> UNLESS HE COMES INTO COMPLIANCE AND COMES AND WANTS TO PAY THE FEES AND BE DONE WITH IT.
>> BUT HE'LL COME BACK IN AUGUST ANYWAY AND WE CAN MAKE DECISIONS ON THOSE THINGS, IS THAT CORRECT?
>> LET'S REVIEW IT IN THE OFFICE AND WE'LL SEE, AND WE'LL BE ABLE TO REPORT BACK.
>> BECAUSE THE EFFORT HE'S PUT INTO HOUSE AND TO FINE HIM FOR THAT IS A CHALLENGE.
>> THAT'S NOT WHAT WE WANT TO DO.
>> THIS IS WHAT'S IN MY HEAD RIGHT NOW, TO SEE WHAT THE MOTION WAS BECAUSE IF THE MOTION WAS NOT TO WAIVE ADMINISTRATIVE FEES, [BACKGROUND] THEN WHAT HAPPENS IS ONCE A MOTION PASSES, IF IT INCLUDES THE ADMINISTRATIVE FEES, YOU CAN'T CHANGE YOUR MIND AT THIS POINT. IT'S SET IN STONE.
>> WHAT IF THEY WERE ASSESSED?
>> IF THEY WERE ASSESSED, THE ONLY OPTION YOU HAD WAS AT THE VERY NEXT MEETING A MOTION TO RECONSIDER AND UNDO THAT DECISION, BUT IT'S TOO LATE NOW.
>> GOT IT. [NOISE] WHEN WE'RE FINISHED WITH THAT PART, CAN I ASK ANOTHER QUESTION? HOW DOES SOMEONE APPEAL? IT SAYS CODE ENFORCEMENT AND APPEALS BOARD.
IF SOMEONE DOESN'T LIKE WHAT THEY RECEIVE A CODE ENFORCEMENT, HOW DO THEY APPEAL?
>> THIS IS NOT REALLY AN APPEALS BOARD.
>> THIS IS A CONSTRUCTION APPEALS BOARD THAT YOU ALL NEVER SEE.
IN OUR CODE RIGHT NOW, WHICH IS COMING OUT OF OUR CODE, BY THE WAY, BECAUSE THERE'S A STATE BOARD NOW THEY CAN USE, THE FIRE MARSHAL DECISIONS AND BUILDING OFFICIAL DECISIONS UNDER CERTAIN CIRCUMSTANCES, UNDER OUR CITY CODE, CAN BE APPEALED TO THIS BOARD.
THAT'S WHY IT'S CALLED THE CODE ENFORCEMENT AND APPEALS BOARD.
>> WELL, PEOPLE ASK, HOW DO I APPEAL? NO IDEA. DO THEY COME BACK AND APPEAL TO US?
>> THIS IS WHAT WE CALL A FIRST TIER, TRIAL LEVEL BOARD.
THE APPEALS FROM HERE GO TO CIRCUIT COURT.
THE THINGS THAT ARE APPEALED TO HERE ARE, AS I SAID, FIRE MARSHAL AND BUILDING OFFICIAL DECISIONS.
>> YOU MENTIONED THAT THEY GO TO CITY COMMISSION.
>> I HAVE ONE MORE THING, [OVERLAPPING] AND THEN I'LL SHUT UP.
>> SHE'S TALKING ABOUT FOR LIEN REDUCTIONS.
>> LIEN REDUCTIONS ARE IF SOMEBODY WANTS A REDUCTION OF FINES, THEY GO TO THE CITY COMMISSION FROM THIS BOARD.
IF THERE ARE FINES FROM THIS BOARD THAT ARE ASSESSED, THERE'S A LIEN.
WHATEVER IT IS, THEY WILL COME TO THE CITY COMMISSION.
>> CAN WE WRITE THAT DOWN FOR THE TRAINING? [OVERLAPPING]
>> THAT'S EXACTLY WHY WE NEED THE TRAINING AND THAT'S WHY IT MIGHT TAKE AN HOUR.
THERE'S LOTS OF QUESTIONS AND UNDERSTANDING THE PROCESS AND HOW WE DO THINGS, HOW THE STATUTE COMES INTO PLAY IN OUR CITY CODE.
>> I THINK IT'LL BE REALLY HELPFUL OVERALL.
WE HAVE FOOD. MEETINGS GO WELL WITH FOOD. [LAUGHTER]
>> I LIKE WHAT YOU THINK, CHAIR KENT.
>> NO. I'LL BRING SOME COOKIES, KEEP US ALIVE. I'LL BRING SOME COOKIES.
>> THE FIVE FOR A QUORUM, WE ONLY HAVE SIX.
WE'RE GETTING PERILOUSLY CLOSER.
>> DO WE HAVE [INAUDIBLE] LINED UP? THIS BOARD IS THE HARDEST BOARD TO GET.
>> I'M LOOKING AT ADVISORY REPORT, IT'S PRETTY HARD TOO.
>> THIS ONE'S HARD BECAUSE WE WOULD REALLY LIKE TO HAVE CONTRACTORS, ARCHITECT, WHICH WE USED TO HAVE, BUT TIME IS BEING WHAT THEY ARE, SOME OF THOSE PEOPLE FEEL THAT IT WOULD BE DETRIMENTAL TO THEIR BUSINESS.
I DON'T, BUT THEY DO, SO IT'S VERY DIFFICULT.
IT'S NOT IMPOSSIBLE BECAUSE WE HAVE MEMBERS AND I ENCOURAGE ALL OF
[01:15:02]
YOU TO PLEASE REACH OUT TO OTHER PEOPLE AND SEE IF YOU CAN BRING THEM ON BOARD.WE NEED ONE MORE. WE HAVE SIX.
WE NEED ONE MORE, AND WE NEED TWO ALTERNATIVES OR ALTERNATES.
>> DID YOU PUT THAT IN THE PAPER OR ANYTHING?
>> I ACTUALLY WAS GOING TO GET WITH OUR PR LADY AND ASK HER IF SHE'LL PUBLISH IT ON FACEBOOK.
>> WE'RE LOOKING FORWARD FOR THAT. [OVERLAPPING]
>> IF WE'RE GOING TO GO ADVERTISE IT, WHAT'S THE APPEAL?
>> YOU GET TO SIT NEXT TO YOU, BARB.
>> PEOPLE HAVE DIFFERENT OPINIONS NOW, WHAT YOU ALL DO UP HERE.
IT'S NOT ALWAYS AN EASY TASK FOR YOU, GUYS.
>> THE QUESTION I HAVE IS IF A MAN TELLS MY NEIGHBOR, IF I WENT AND TALKED TO HIM AND SAID, DO YOU UNDERSTAND WHAT'S GOING ON? DOES HE UNDERSTAND? WOULD THAT BE OUT OF LINE OR WHAT?
>> WELL, I THINK THERE'S A HUGE MISCOMMUNICATION.
HE HAS NO CLUE AND DOESN'T KNOW WHY.
>> I THINK THAT THERE IS SOME OF THAT, BUT ON THE OTHER HAND, HE'S KNOWN ABOUT THIS FOR A REALLY LONG TIME.
I THINK THAT THERE'S A COUPLE OF THINGS IN PLAY HERE, BUT LET US DO OUR BEST.
>> GOT IT. I DON'T WANT TO GO GET IN TROUBLE ANYMORE.
>> MOVE TO MAKE A MOTION TO ADJOURN THE MEETING.
>> [NOISE] NEXT MEETING IS APRIL 30TH AND MAY 9TH. THANK THANK YOU.
>> THANK YOU ALL.
* This transcript was compiled from uncorrected Closed Captioning.