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>> BRING OF THE CITY OF FERNANDINA BEACH, CODE ENFORCEMENT,
[1. CALL TO ORDER / ROLL CALL / DETERMINATION OF A QUORUM]
AND APPEALS BOARD IS NOW CALLED TO ORDER.[NOISE] BOARD SECRETARY, COULD YOU PLEASE CALL THE ROLL?
>> HERE. I'D LIKE TO START OFF THE EVENING.
THANK YOU FOR EVERYONE BEING HERE WITH STANDING UP TO DO THE PLEDGE OF ALLEGIANCE AND THEN IF WE COULD HAVE BOARD MEMBER THOMPSON, FIDE AN INVOCATION AFTERWARDS. THANK YOU.
FATHER GOD, WE COME TODAY LORD, AND WE JUST SAY THANK YOU FOR YOUR MANY BLESSINGS.
WE THANK YOU FOR YOUR MULTITUDE OF TENDER MERCY.
FATHER, IF IT HAD NOT BEEN FOR YOU ON OUR SIDE, LORD, WHERE WILL WE BE, LORD? WE THANK YOU FOR ALLOWING US TO HAVE THIS MEETING OF THE FERNANDINA BEACH CODE ENFORCEMENT AND APPEALS BOARD.
WE INVOKE YOUR PRESENCE IN THIS MEETING.
WE ASK THAT YOU LEAD AND GUIDE IN A MANNER THAT'S PLEASING IN THAT SIGHT.
WE GIVE YOU THE PRAISES, THE HONOR, AND THE GLORY AND THE PEOPLE OF GOD SAID, AMEN.
[3. APPROVAL OF MINUTES]
HAD A CHANCE TO REVIEW THE MINUTES FROM THE LAST BOARD HEARING ON JULY 3 OF THIS YEAR?>> IF SO, ARE THERE ANY CHANGES?
>> THERE'S A SMALL TYPO OF 5.1.
IT SAYS THE MOTION WAS MADE BY ME AND SECONDED BY ME AND FOR POSTMA.
I THINK THE SECONDED BY V NEEDS TO BE MINOR.
>> THAT'S THE ONE I CAUGHT TO.
>> COULD I HAVE A MOTION WITH THOSE CHANGES THEN TO ACCEPT THE MINUTES. MOVE.
>> SECRETARY, COULD WE GO AHEAD AND TAKE A VOTE?
>> THANK YOU. ARE THERE ANY CHANGES TO THE AGENDA FOR THIS EVENING?
WE'VE LEARNED THAT THE OWNER IS DECEASED.
THIS CASE STARTED BACK IN JANUARY, BUT SHE'S WE FOUND OUT THAT SHE WAS DECEASED FIVE MONTHS AGO.
WE'RE GOING TO PULL THIS ONE FROM THE AGENDA TONIGHT.
ALSO 5.2 AND 5.3 IS GOING TO BE REMOVED ALSO FROM THE AGENDA.
>> MR. CHAIRMAN, IF I MAY, 5.1, WE JUST LEARNED THAT SHE WAS DECEASED, AND IT WAS JUST PUT IN THE NAME OF THE ESTATE.
WE STARTED THE PROCEEDINGS FIVE MONTHS AGO, BUT WE JUST LEARNED IT.
WE DIDN'T LEARN IT FIVE MONTHS AGO, CORRECT? I JUST WANT TO BE CLEAR FOR THE RECORD.
SOMEONE DID SIGN THE CERTIFIED MAIL.
JUST AN ABUNDANCE OF CAUTION, WE ARE PULLING IT, AND WE'RE GOING TO PROPERLY NOTICE IT WHEN YOU HAVE A DECEASED PERSON.
>> JUST CODE ENFORCEMENT DID NOT KNOW IT.
IT WASN'T IN THE PUBLIC RECORDS OR ANYTHING UNTIL JUST RECENTLY. THANK YOU.
>> WE HAVE A NEW CITY ATTORNEY.
[LAUGHTER] WHO I THINK WE JUST HEARD FROM. WELCOME.
>> IF YOU COULD INTRODUCE YOURSELF AND THEN ALSO EXPLAIN TO THOSE WHO MAY BE OUT HERE THE QUASI JUDICIARY PROCESS.
>> YES. TERESA PRINCE, I AM THE NEW CITY ATTORNEY, AND I APOLOGIZE FOR NOT REACHING OUT TO EACH OF YOU PRIOR TO THIS MEETING.
IT'S BEEN A LITTLE BIT OF A WHIRLWIND.
I HAD A BRIEF CONVERSATIONS WITH CHIP AS WE'RE CALLING HIM, BUT MICHELLE FORSTROM.
I WILL GO OVER THE QUASI JUDICIAL PROCEDURES, BUT WHAT I AM DOING FOR ALL THE BOARDS IS TO ADOPT SOME NEW QUASI JUDICIAL PROCEDURES THAT I WILL PRESENT TO YOU AT THE NEXT MEETING.
IT LIMITS EACH SIDE TO 10 MINUTES.
JUST TO SET SOME GUIDELINES FOR YOU TO CONSIDER.
BUT GENERALLY SPEAKING FOR THE PUBLIC AND THE BOARD, AND CODE ENFORCEMENT HEARINGS ARE QUASI JUDICIAL IN NATURE.
THAT MEANS THAT THEY ARE LESS FORMAL THAN A COURT HEARING, BUT SIMILAR IN PROCEDURES AND PRESENTATION OF EVIDENCE.
THE RESPONDENTS, THE PEOPLE THAT HAVE THE CODE VIOLATIONS, ARE ENTITLED TO BE REPRESENTED BY COUNSEL.
IF WHEN YOUR AGENDA ITEM IS CALLED, YOU CHOOSE TO HAVE COUNSEL, YOU CAN GET UP AND ASK FOR A CONTINUANCE TO GO OBTAIN COUNSEL.
THE CODE ENFORCEMENT OFFICER WILL TESTIFY AND PRESENT THE EVIDENCE AS TO THE ALLEGED VIOLATION.
THEN THE RESPONDENT WILL BE ALLOWED TO TESTIFY.
THEN UPON EACH WITNESS, LIKE, IF SOMEBODY BROUGHT WITNESSES TO EITHER THE CODE ENFORCEMENT OFFICER OR THE RESPONDENT BROUGHT WITNESSES, THEY CAN TESTIFY.
[00:05:05]
THEN AT THE CONCLUSION OF THE TESTIMONY, THE BOARD WILL CONSIDER THE EVIDENCE AND MAKE FINDING OF FACT, CONCLUSION OF LAW, TIME FOR COMPLIANCE, AND ASSESS ANY FINES OR ADMINISTRATIVE COSTS.THEN ONLY EVIDENCE WHICH IS LEGAL AND ADMISSIBLE CAN BE ENTERED INTO THE RECORD, AND THE MEETING IS BEING RECORDED.
THERE CAN BE NO APPLAUSE FOR THAT REASON.
I DON'T THINK THE TWO OF YOU INTEND TO DO THAT.
TALKING OR OUTBURSTS WILL DISTORT THE RECORDING, SO PLEASE REFRAIN FROM THAT.
>> THANK YOU VERY MUCH, AND AGAIN, WELCOME.
>> ANY BOARD MEMBERS HAVE ANY EX PARTE COMMUNICATION REGARDING CASE 5.4, WHICH WE'LL BE HEARING TONIGHT?
>> I DID TAKE A RIDE BY CHAIRMAN.
>> THANK YOU. AGAIN, WHAT WILL HAPPEN IS THE CITY WILL END UP PRESENTING ITS CASE AND THOSE WHO WANT TO SPEAK FROM THE RESPONDENT SIDE, WILL HAVE AN OPPORTUNITY TO DO SO.
ANYONE WHO WILL BE SPEAKING TONIGHT, IF WE COULD HAVE THEM STAND UP SO WE COULD SWEAR THEM IN, PLEASE?
YOU WILL BE SPEAKING TONIGHT, YOU NEED TO STAND? THANK YOU.
>> PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY AND/OR EVIDENCE THAT YOU'RE ABOUT TO GIVE AND/OR PRESENT IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
>> OUR FIRST CASE THEN IS LEWES FAMILY,
[5.4 LIU'S FAMILY LLC, 816 S 8TH ST, CASE 2025-0407. Violation(s) of the City of Fernandina Beach Code of Ordinances exist: Section 42-117 Exterior Structure (Maintenance) and 42-119 Rubbish and Garbage. Requesting Board determination of the case.]
LLC 816 SOUTH EIGHTH STREET.OFFICER WELLS, ARE YOU READY TO PRESENT YOUR CASE?
>> DO YOU HAVE ANY EVIDENCE YOU WANT TO PRESENT AND ENTER ON TO THE RECORD?
>> YES. MY NAME IS GEORGE WELLS.
CODE ENFORCEMENT OFFICER FOR FERNANDINA BEACH.
AT THIS TIME, I'D LIKE TO SUBMIT ALL OF OUR EVIDENCE AND DOCUMENTS AND PHOTOS INTO THE PUBLIC RECORD WITHOUT ANY OBJECTION.
>> THIS CASE STARTED BACK IN APRIL 8TH, 2025, OUR OFFICE RECEIVED A COMPLAINT ABOUT THE DUMPSTER ENCLOSURE AT 8:16 SOUTH EIGHTH STREET.
IT WAS DAMAGED. THE ENCLOSURE WAS KNOCKED DOWN PARTIALLY.
THERE WAS A LOT OF TRASH AND DEBRIS SCATTERED INSIDE AND OUTSIDE OF THE DUMPSTER AREA.
I INSPECTED THE PROPERTY AND CONFIRMED THE COMPLAINT.
I OPENED A CO CASE CITING THE PROPERTY FOR THE REPAIR OF THE DUMPSTER ENCLOSURE, AND ALSO THE REMOVAL OF THE TRASH AND DEBRIS LYING ON THE GROUND.
I DID RECORD PHOTOS OF THE NOTICE OF VISIT AND THE DUMPSTER AREA VIOLATIONS.
MAY 8TH, WHICH I GAVE HIM 30 DAYS TO COME INTO COMPLIANCE.
I CONDUCTED A SECOND INSPECTION OF THE PROPERTY.
THERE WERE NO CORRECTIONS TO THE DUMPSTER AREA.
JUNE 6, OUR OFFICE MAILED A CERTIFIED THE NOV NOH LETTER TO THE OWNER, GIVING THEM AN ADDITIONAL 30 DAYS TO COME INTO COMPLIANCE.
JUNE 26, OUR OFFICE RECEIVED THE SIGNED RETURN RECEIPT FROM THE UNITED STATES POSTAL SERVICE SIGNED BY THE OWNER GIVING US PROPER SERVICE.
JULY 7TH, 2025, AND CONDUCTED A NOV NOH INSPECTION OF THE PROPERTY.
THE PROPERTY WAS STILL IN VIOLATION.
THEN ON THE 31ST, JULY 31ST, I CONDUCTED A PRE AGENDA INSPECTION OF THIS PROPERTY, THE DUMPSTER FENCE ENCLOSURE, WHICH IS CHAIN LINK AND FENCING WITH SLATS AS MISSING THE GALVANIZED RAILS, POSTS, AND HARDWARE ON THE LEFT SIDE.
THE LEFT SIDE OF THE FENCE IS BEING HELD UP WITH WOOD FRAMING AND ZIP TIES.
THE RIGHT SIDE GATE HAS BEEN HIT BY THE REFUGE TRUCK AND HAS BENT THE GATE UPWARDS AND NOT CLOSING PROPERTY.
THE INSTALLATION AS IT IS RIGHT NOW IS STILL IN VIOLATION.
THE AREA AROUND THE DUMPSTER HAS TRASH AND DEBRIS LAYING AROUND THE GROUND.
CONCLUSION, THE OWNER IS UPSET THAT SOMEONE COMPLAINED ABOUT HIS BUSINESS.
HE BLAMES DUMPSTER PICKUP DRIVER FOR THE DAMAGE TO THE FENCE ENCLOSURE.
I EXPLAINED TO MR. LOU THAT I WAS RESPONDING TO A COMPLAINT.
I GAVE MR. LOU A 30 DAY TIME FRAME TO MAKE THE NECESSARY REPAIRS TO THIS AREA TO BE IN COMPLIANCE FOR OUR CODE OF ORDINANCES.
THE CITY'S RECOMMENDATION IS TO MAKE A MOTION TO FIND THE RESPONDENT IN VIOLATION OF CODE ORDINANCES SECTION 42-117, EXTERIOR STRUCTURE MAINTENANCE, AND 42-119, RUBBIGE AND GARAGE GIVING THE OWNER 30 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY SEPTEMBER 6, 2025.
THE CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMIN FEES BE PAID BY THE RESPONDENT IN A FINE OF $100 PER DAY PER VIOLATION TO BEGIN ON SEPTEMBER 7TH, 2025, IF NOT IN COMPLIANCE BY SEPTEMBER 6TH, 2025.
I'M GOING TO SHOW YOU SOME PICTURE TODAY PICTURES I TOOK THIS AFTERNOON.
[00:10:22]
THERE WE GO. THIS BEING VERY TOUCHY.THERE. BUT ANYWAY, THIS IS THE RIGHT SIDE OF THE ENCLOSURE.
LOOKS LIKE A BED RAIL OR SOMETHING HERE AND SOME GUTTERING OR SOMETHING, AND THEN WE GOT SOME PALLETS OVER HERE.
THIS IS THE FRONT OF THE ENCLOSURE.
THIS IS ALL THIS IS YOU'LL SEE IT CLOSER IN A MINUTE.
THIS IS ALL WOOD FRAMED ZIP STRAPS IN HERE AND HE'S GOT A LIKE A WOODEN HERE WITH WOODEN OR SOME TIGHT OF ROLLER. LET'S SEE.
I MIGHT HAVE TO GO BACK THE OTHER WAY. THERE WE GO.
THIS IS THE RIGHT SIDE GATE, AND WHEN IT CLOSES, IT'S JACKED UP LIKE THIS, SO IT WILL NOT CLOSE PROPERLY.
THIS IS MORE TRASH AROUND THE EXTERIOR OF THE DUMPSTER AREA, MORE TRASH AND DEBRIS ON THE GROUND AROUND THE OUTSIDE OF THE DUMPSTER AREA. MORE CRASH.
I ACTUALLY WANT TO SHOW YOU THE PICTURE OF THE YOUNG MAKESHIFT FRAMING.
NOW, YOU CAN SEE IT HERE. ALL THIS IS JUST SCABBED IN HERE WITH ZIP TIES.
IT'S NOT A PROPER INSTALLATION.
IF I NEED TO READ THAT MOTION AGAIN, I CAN.
THE CITY RECOMMENDS A MOTION TO BE MADE TO FIND THE RESPONDENT IN VIOLATION OF CODE OF ORDINANCES, SECTION 42-117 EXTERIOR STRUCTURE MAINTENANCE, AND ALSO SECTION 42-119 RUBBISH AND GARBAGE, GIVING THE OWNER 30 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY SEPTEMBER 6, 2025.
CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMIN FEES BE PAID BY THE RESPONDENT AND A FINE OF $100 PER DAY PER VIOLATION TO BEGIN ON AUGUST 7TH, 2025, IF NOT IN COMPLIANCE BY SEPTEMBER 6, 2025.
THE ADMIN FEES AS OF TODAY ARE $274.11.
>> THANK YOU. IS THERE A RESPONDENT HERE FOR THIS CASE TONIGHT? COULD YOU STEP UP TO THE PODIUM AND GIVE YOUR NAME AND THEN WAIT US A SECOND AFTER YOU DO THAT.
>> MY NAME IS BRIAN. I'M THE OWNER OF A1 A GAS.
THE ADDRESS IS A16 SOUTH A STREET, FERNANDINA BEACH.
>> THANK YOU. BEFORE YOU GIVE YOUR SIDE, DO YOU HAVE ANY QUESTIONS OVER ANYTHING THAT OFFICER WELLS JUST SHOWED YOU?
>> WHAT WOULD YOU LIKE TO SAY?
>> WELL, I HAVE TALKED TO A LADY AT THE PLANNING DEPARTMENT THIS MORNING REGARDING TO CORRECTED THE VIOLATION.
SHE SHOWED ME EXACTLY HOW TO APPLY FOR THE I BELIEVE IT WAS A NON STRUCTURAL PERMIT.
>> YEAH. NON-STRUCTURAL. I'M GOING TO DO THAT TONIGHT WHEN I GET HOME, AND I GET THIS CORRECTED.
>> WHAT IS THE PROCESS? HOW LONG DOES IT TAKE?
>> ONCE I APPLY, PROBABLY WE CAN'T GET IT DONE.
>> HOW FAST OR SLOW DOES THE PERMIT COME? >> I DON'T KNOW.
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>> WHAT I WAS TOLD IS JUST GET ONLINE AND JUST APPLY.
I WAS GOING TO DO IT AT THE OFFICE WITH HER.
I DON'T REMEMBER HER NAME RIGHT NOW.
BUT SHE SAY YOU CANNOT DO IT AT THE OFFICE. YOU HAVE TO DO IT ONLINE.
>> DOES THIS COME INSTANTANEOUSLY?
>> NO, I'M SURE THEY WILL HAVE SOME REVIEW THEY'LL HAVE TO DO ON IT. I'M SURE.
>> YOU NEED TO FURNISH A BLUEPRINT FORMULA FOR THIS?
>> I'M NOT SURE WHAT THEY REQUIRE.
I SHOWED IT TO HER BECAUSE IT'S LESS THAN 50%.
ALL I NEED JUST A NON-STRUCTURE PERMIT.
BASICALLY, THERE'S NO DRAWINGS REQUIRED.
>> ARE YOU GOING TO DO THIS OR IS THE FENCE COMPANY GOING TO DO THIS?
>> I'M GOING TO DO WITH SOMEBODY ELSE.
I ALREADY TOLD HER EXACTLY WHAT I'M DOING, AND SHE SAYS SHE'S OKAY WITH IT.
>> MICHELLE, HAS SOMETHING TO SAY?
>> NOT THAT YOU NEED THAT, BUT I WILL CONTACT THE PLANNING DEPARTMENT AND TRY AND PUSH THIS THROUGH SINCE IT'S A CODE ENFORCEMENT ISSUE SO THAT YOU CAN GET IT DONE THIS WEEKEND.
>> OFTEN YOU DO NEED A SURVEY, MR. CHAIRMAN, JUST TO SHOW IT'S YOUR PROPERTY, THEY MIGHT WANT TO SURVEY WHEN YOU PUT A FENCE UP.
ALL THE REQUIREMENTS WILL BE ONLINE.
YOU'LL HAVE TO CHECK ALL THE PROPER BOXES IN ORDER FOR IT TO SUBMIT.
IT WILL TELL YOU WHAT YOU NEED ON THAT ONLINE PERMIT.
ARE THEY ALLOWED TO DO THE PERMITS ON THAT ONE IN THE HALL?
>> YOU CAN LOOK THEM UP AND DO THEM THAT WAY, BUT IT'S NOT GOING TO LET HIM SUBMIT UNLESS HE HAS THE PROPER ATTACHMENTS, SO IT'LL KICK IT BACK.
BOARD MEMBER, ARE YOU ASKING BECAUSE YOU'RE CONCERNED THAT WE GIVE HIM ENOUGH TIME TO CORRECT IT, OR WHAT WERE YOUR THOUGHTS WITH THAT QUESTION?
>> YES, BECAUSE IT COULD GET BACKED DOWN, AND IT COULD TAKE TWO OR THREE MONTHS FAR.
>> BUT MR. WELLS, JUST SAY THAT WAS 30 ADDITIONAL DAYS AFTER THAT WAS $100 PER DAY, RIGHT?
I TRY TO GET IT DOWN AS QUICK AS POSSIBLE.
>> THANK YOU, MR. LOU. JUST FOR REFERENCE, SINCE I BELIEVE THIS IS YOUR FIRST TIME COMING TO US.
MY COLLEAGUE'S COMMENTS WERE SOMETIMES THE PERMITS CAN TAKE LONGER THAN YOU ANTICIPATE.
KEEP THINGS IN WRITING, IF FOR ANY REASON, THERE ARE DELAYS THERE, THAT'S SOMETHING OUTSIDE OF YOUR MANAGEABLE CONTROL.
THAT IS SOMETHING THAT WE CAN FACTOR IN.
WHAT I'M SAYING IS IF YOU'RE MAKING EVERY GOOD FAITH EFFORT, AND THERE'S SOME OTHER REASON WHY YOU CAN'T DO THIS IN THE 30 DAYS, DOCUMENT IT, AND YOU CAN COME BACK BEFORE US AND PRESENT YOUR CASE AGAIN.
>> AT THAT TIME, CAN I MAYBE REACH OUT?
>> YOU CAN WORK WITH THEM FOR SURE.
>> THAT'S WHAT I WOULD RECOMMEND IF THERE ARE ANY ISSUES, BUT, MICHELLE, THANK YOU FOR OFFERING TO HELP EXPEDITE THAT THROUGH.
CAN I ASK WHY WAS A FINE OF $100 A DAY PER VIOLATION? THAT SEEMS HIGHER THAN OUR NORMAL?
>> IT'S JUST A COMMERCIAL PROPERTY.
>> ARE THERE ANY OTHER QUESTIONS FOR THE RESPONDENT OR FOR THE CITY BEFORE WE CLOSE THE PUBLIC HEARING AND DELIBERATE? ANYONE? THANK YOU. YES, GO AHEAD.
>> I GOT A COUPLE OF THINGS, I WANT TO SAY. AM I ALLOWED TO SAY IT?
>> FIRST OF ALL, REGARDING TO THE DUMPSTER ENCLOSURE, DOES THAT APPLY TO EVERYBODY OR IT ONLY APPLY TO CERTAIN BUSINESSES? THE REASON I SAY THAT IS BECAUSE I HAVE COMMUNICATE WITH CODE ENFORCEMENT.
WELL, I UNDERSTAND THAT EVERYWHERE HAVE A RULE, I RESPECT THAT.
I REALLY DO. BUT THE THING IS YOU GUYS HAVE A RULE, IT SEEMS LIKE YOU GUYS DON'T EVEN FOLLOW IT.
THE REASON I SAY THAT IS BECAUSE YOU GO DOWN THERE TO A UTILITY DEPARTMENT, THEIR DUMPSTER DOES NOT EVEN HAVE ENCLOSURE.
IT'S SITTING ON THE GRASS AS WELL AS THE DUMPSTERS DOWNTOWN RIGHT HERE.
RIGHT DOWN HERE RIGHT NEXT TO ATLANTIC SEAFOOD, AND THEN THE COUPLE DOWN THE ROAD RIGHT HERE.
I HAD FILED COMPLAINTS TOO, BUT WITH MS. CRYSTAL, I DON'T KNOW HOW THAT COMPLAINT GO OR IF SHE EVEN FILED IT FOR ME.
ANOTHER THING, WHAT I WANT TO TALK ABOUT IS WHAT STANDARD CODE ENFORCEMENT RUN WHEN IT COMES TO INSPECTION? REASON I SAY THIS IS BECAUSE WHEN I FIRST OPENED MY BUSINESS, YOU SEE THIS THING RIGHT HERE?
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IT WASN'T THERE WHEN I FIRST BOUGHT THE PROPERTY.BUT WHEN I GET A FINAL INSPECTION FROM MICHELLE, SHE TOLD ME CLEARLY, IF THIS IS NOT DONE, YOU'RE NOT ABLE TO OPEN THE DOOR.
THAT'S HOW I ENDED UP GOING TO LOWE'S.
WE BOUGHT IT AND THE ENCLOSE IT.
THEN I WAS ABLE TO OPEN THE DOOR.
BUT I JUST REALIZED THAT I'M TALKING ABOUT JUST THIS BUSINESS RIGHT HERE, BOAT HOUSE.
IF YOU LOOK AT THEIR DUMPSTER, THEIR DUMPSTER IS WIDE OPEN.
HOW DO THEY PASS INSPECTION TO OPEN THE DOOR? THERE'S ANOTHER ONE ON 14TH STREET, WHICH SHE TOLD ME THAT SHE DID NOT EVEN DO THE INSPECTION ON THAT ONE.
I WAS WONDERING WHAT STANDARD THAT YOU GUYS BROUGHT? THAT STANDARD, IS IT ONLY TARGET CERTAIN PEOPLE OR IS FOR EVERYBODY ELSE?
>> I THINK I'VE TALKED TO MR. WELLS.
WHAT THEY WILL TELL ME IS THIS IS HOW THEY WORK.
THEY WILL GO OUT TO WRITE A CITATION BASED ON PUBLIC COMPLAINTS.
IS THAT THE ONLY WAY THAT YOU CAN GO OUT TO WRITE A CITATION? I DON'T KNOW.
MR. WELLS, LET ME ASK YOU, WHICH STREET YOU TAKE TO GO TO WORK, 8TH OR 14?
>> LET ME ASK YOU, DO YOU EVER PASS THAT PLACE ON THE RIGHT-HAND SIDE?
>> THERE IS PLAYERS ON THE RIGHT-HAND SIDE.
THERE'S A HAIR SALON ON THE LEFT, AND TEA CAR PLACED RIGHT NEXT TO IT.
BUT THERE ARE DUMPSTERS WIDE OPEN AND SITTING ON THE SIDE OF THE ROAD.
DO YOU NOT NOTICE IT OR YOU JUST PASSED BY AND JUST PRETEND THAT YOU'RE NOT SEEING IT? I DON'T KNOW.
THEN INCLUDING THE ONE THAT ACROSS MY STORE, I'VE BEEN THERE 10 YEARS, THEIR LITTLE DUMPSTER IS SITTING ON THE SIDE OF THE ROAD FOR 10 YEARS.
MY QUESTION IS, HAVE YOU EVER REACHED OUT TO THEM?
>> I'M GOING TO ASK MICHELLE FORSTROM, AND SHE'LL COME UP AND SPEAK AND SHE CAN ANSWER MOST OF YOUR QUESTIONS.
>> EXACTLY. I DON'T EVEN TALK ABOUT DOWNTOWN.
THERE'S A BUNCH, EVEN JOHNNY'S ELECTRIC DOWN THE ROAD.
THEIR DUMPSTER IS SITTING THERE FOR 10 YEARS.
I'VE BEEN HERE 10 YEARS, AND THEIR DUMPSTER IS SITTING ON THE GRASS FOR 10 YEARS.
HAVE YOU GUYS DONE ANYTHING? IF YES, CAN YOU SHOW ME SOME KIND OF RECORDS?
>> YOU CAN MAKE A PUBLIC RECORDS REQUEST FOR ANY OF THOSE THINGS THAT YOU WANT.
>> YES, MA'AM. I DID ASK FOR IT.
>> YOU CAN MAKE THOSE PUBLIC RECORDS REQUESTS ON ALL OF THOSE PROPERTIES, AND THEY CAN PULL ANYTHING FOR YOU.
>> THAT'S ANOTHER THING BECAUSE I PUT TWO PUBLIC RECORDS.
ONE IS THEY TOLD ME CODE ENFORCEMENT HAVE AUDIT.
I GUESS, THEY CONDUCTED THE AUDIT ON THE DUMPSTER.
THAT WAS LIKE 2, 3 YEARS AGO. I FORGOT THE EXACT YEAR.
>> DURING COVID. THEY GOT THE ANSWER.
THERE WAS MORE THAN A DOZEN BUSINESSES, THEIR DUMPSTER IS NOT IN COMPLIANCE.
>> I BELIEVE THE CITY HAS A POLICY OF HOW THEY'RE HANDLING THAT.
BUT IF YOU WOULD LIKE YOUR QUESTIONS ANSWERED, THEN MICHELLE IS GOING TO COME UP, THEN WE CAN DO THAT IF YOU'RE READY TO HAVE SOME OF YOUR CONCERNS ADDRESSED.
>> BUT PUBLIC RECORDS REQUESTS CAN BE MADE TO THE CLERK, FOR ANYTHING THAT YOU WANT.
>> I HAVE TWO RECORDS ALREADY.
>> I HAVE TWO RECORDS. I'VE REQUESTED ALREADY.
I'M GOING TO ADDRESS MY VIOLATION.
BUT JUST AT THE SAME TIME, JUST I HAVE THESE QUESTIONS, HOPEFULLY I'LL GET AN ANSWER FOR THAT TODAY.
LIKE I SAID, I PAY ALL THE FEES, EVERYBODY ELSE HAS PAID.
NOT JUST SOMETHING THAT ONLY AGAINST ME BECAUSE ACCORDING TO THEM, I'M PRETTY EASY.
THEY CAN'T JUST GO TO MY STORE AND THEN TALK TO ME.
SOME OF THE PROPERTY OWNERS, I GUESS, IT'S HARD TO GET IN TOUCH.
OR I DON'T EVEN KNOW IF THEY EVER TRY TO GET IN TOUCH BECAUSE THAT'S NOT JUST THESE.
>> THANK YOU. MICHELLE, WOULD YOU LIKE TO COME UP,
[00:25:03]
INTRODUCE YOURSELF, PLEASE FOR THE RECORD AND ANSWER WHATEVER QUESTIONS YOU MIGHT WANT TO ANSWER.I'D ALSO LIKE TO GO OVER THE ROLE OF THE BOARD ITSELF AS FAR AS HOW WE RELATE TO WHAT COMES BEFORE US AS WELL.
I'M CODE ENFORCEMENT DIRECTOR FOR THE CITY OF FERNANDINA BEACH, 516 SOUTH 10TH STREET IS OUR OFFICE.
I'M GOING TO TRY AND DO A BRIEF ONE.
BACK IN 2020, WE DID DO AN AUDIT OF ALL OF THE DUMPSTERS IN CITY LIMITS.
CITY LIMITS HAS GROWN A LITTLE BIT SINCE THEN.
BUT ANYWAY, I BROUGHT THAT TO THE CITY MANAGER AT THE TIME.
I THINK THAT HE HAD TALKED TO THE COMMISSIONERS AT THE TIME, AND THEY DID NOT WANT TO MOVE FORWARD ON US ADDRESSING THOSE DUMPSTERS.
I ASKED THEM IF WE COULD AT LEAST ADDRESS THEM THROUGH COMPLAINTS, AND WHEN I OR WE, WHICHEVER, WENT OUT TO DO AN LBTR, LOCAL BUSINESS TAX RECEIPT INSPECTION, WHICH THEY HAVE TO HAVE BEFORE THEY'RE ISSUED A LOCAL BUSINESS TAX RECEIPT.
THE DUMPSTER ON 14TH AND BEACH, I ACTUALLY TALKED TO THE PERSON WHO PROCESSES THOSE AFTER I DID SOME RESEARCH, THERE IS NO LOCAL BUSINESS TAX RECEIPT FOR THAT BUSINESS.
THAT'S WHY I DID NOT DO AN INSPECTION.
SHE IS LOOKING INTO IT. I DON'T KNOW WHY.
WE'VE HAD THIS NEW SYSTEM SINCE 2019.
I DON'T KNOW HOW IT FELL THROUGH THE CRACKS. SOME OF THEM DID.
SOMETIMES IT TAKES SOMETHING LIKE THIS TO BRING IT TO THE PEOPLE'S ATTENTION SO THAT WE CAN GET THAT FIXED.
WE'LL GET THAT DONE ONE WAY OR ANOTHER.
AFTER TALKING TO YOU, I STARTED THINKING ABOUT IT.
AT LEAST WE CAN ADDRESS THE CITY'S DUMPSTERS, THE ONES THAT ARE IN VIOLATION.
CATHY SABBATINI IS THE OPERATIONS DIRECTOR.
IT WOULD BE HER FOLKS WHO WOULD BUILD THE ENCLOSURES, GET THE ONES THAT ARE IN THE RIGHT OF WAY, OUT OF THE RIGHT OF WAY.
SHE AND I ARE GOING TO DRIVE TOGETHER PROBABLY NEXT WEEK AND GO TO EACH OF OUR SITES THAT WE HAVE DUMPSTERS, AND WE'RE GOING TO TAKE CARE OF THAT. ONE WAY OR ANOTHER.
THAT'S DONE. I WILL TALK TO MY BOSSES ABOUT, IS IT TIME YET FOR US TO ADDRESS THESE OTHER DUMPSTERS WITHOUT HAVING TO WAIT FOR OUR LOCAL BUSINESS TAX RECEIPT OR A COMPLAINT.
I'M TRYING. I FIGURE NOW IS A GOOD TIME TO DO IT.
WE HAVE A NEW CITY MANAGER, WE HAVE A NEW COMMISSION, SO MAYBE I'VE GOT A SHOT AT DOING THIS.
THIS HAS NOT BEEN BECAUSE WE ARE SELECTIVELY ENFORCING.
SOME THINGS MAY FALL THROUGH THE CRACKS, IT HAPPENS.
FIRST, WAS A SPECIFIC COMPLAINT.
WE HAVE TO ADDRESS COMPLAINTS.
ALL THE COMPLAINTS THAT YOU GAVE TO MS. RIMES, THOSE WILL BE ADDRESSED.
I'VE GOT A COUPLE OF OTHERS, ACTUALLY.
BUT WE'LL START ADDRESSING THEM NEXT WEEK.
BUT I NEED TO TALK TO MY BOSSES ABOUT THE OBSERVED ONE, ALL THE ONES THAT WERE IN THAT AUDIT.
I HAVEN'T FORGOTTEN ABOUT IT, BUT IF MY BOSS SAYS, NO, I CAN'T DO ANYTHING ABOUT THAT.
I HAD A BRIEF CONVERSATION, SO HOPEFULLY, WE'LL BE ABLE TO DO THAT.
WE DON'T CARE WHETHER WE DO IT OR NOT.
WE'RE GOING TO GET PAID NO MATTER WHAT, SO WE WOULD RATHER GET EVERYBODY IN COMPLIANCE.
THAT'S OUR JOB. WE WANT TO DO THIS FAIRLY, CONSISTENTLY.
SOMETIMES THE POWERS THAT BE IN POLITICS PLAYS A ROLE, AND THERE'S NOTHING WE CAN DO ABOUT IT.
I DON'T LIKE IT, BUT THAT'S JUST THE WAY IT IS.
WELCOME TO THE GOVERNMENT. YES, MA'AM.
[00:30:04]
>> WELL, I WAS JUST GOING TO SAY, MR. CHAIRMAN, IF I MAY, I THINK THAT THE POLICY OF THE LICENSE MEANS THAT A BUSINESS IS TURNING OVER, BUT Y'ALL KNOW THAT.
IF I WERE TO OPEN UP SOMEWHERE ELSE, THAT'S WHEN THE CITY WAS TAKING THE OPPORTUNITY TO MAKE SURE IT WAS IN COMPLIANCE.
THAT IS THE WAY THAT THEY JUST DECIDED TO HANDLE IT RATHER THAN GOING TO PEOPLE OR THROUGH COMPLAINTS, WHICH IS WHAT YOU JUST SAID.
IT'S NOT SELECTIVE, NOT BECAUSE YOU WERE TOLD NOT TO.
IT WAS JUST A BETTER WAY OF ADDRESSING IT.
>> THE CITY IS GOING TO START ADDRESSING THERE.
I DON'T THINK IT WAS SELECTIVE ENFORCEMENT.
IT WAS JUST A DIFFERENT WAY OF APPROACHING AS IT TURNS OVER THE NEW BUSINESS OWNER WOULD BE REQUIRED TO BRING IT INTO COMPLIANCE AS A SENSE OF FAIRNESS.
OR WHEN COMPLAINTS WERE MADE AND YOU INVESTIGATED IT.
>> WE DON'T SHUT BUSINESSES DOWN.
WE CAN'T PREVENT A BUSINESS FROM OPENING.
WHAT WE CAN DO IS PREVENT SOMEBODY FROM GETTING A LOCAL BUSINESS TAX RECEIPT ISSUED.
WE DO NOT HAVE THE AUTHORITY TO SHUT SOMEBODY DOWN. BUT WE JUST DON'T.
THERE'S A COUPLE OF PEOPLE, THE BUILDING OFFICIAL, AND I THINK THE FIRE MARSHAL, THEY'RE THE ONLY TWO THAT CAN DO THAT.
WE DON'T HAVE THAT KIND OF POWER AT ALL.
WHEN I'M THERE, I WILL SAY, AND I DON'T WRITE IT DOWN.
I TALK TO THE PEOPLE AND SAY, CAN YOU HAVE THIS IN COMPLIANCE? HOW MUCH TIME DO YOU NEED? IF THEY DON'T DO IT, THEN IT BECOMES A CASE. THEN I'M GOING TO WRITE IT DOWN.
I'M GOING TO DOCUMENT IT, BUT IF I CAN DO IT NICELY, JUST FACE TO FACE, THAT'S THE WAY I'M GOING TO DO IT.
I'VE BEEN DOING THIS FOR A LONG TIME, AND THAT'S THE WAY I DO THINGS. HAVE I COVERED EVERYTHING?
>> I JUST WANT TO MAKE SURE, THOSE OF US WHO SERVE UP HERE ON THE BOARD, IT'S A VOLUNTEER POSITION.
WE'RE ALL MEMBERS OR RESIDENTS OF THE CITY.
WE DELIBERATE BEFORE THE CASES THAT ARE BROUGHT TO US.
WE TRY TO WORK WITH EVERYONE TO MAKE SURE THAT IT'S EQUITABLE AND FAIR FOR ALL.
THAT'S WHAT WE'RE TRYING TO DO.
WE LIVE IN THE COMMUNITY. WE WANT IT TO BE BEAUTIFUL JUST LIKE YOU DO.
WE WANT EVERYONE TO BE ON BOARD, THE RULES OR LAWS.
THIS IS A VOLUNTEER POSITION THAT WE ALL DO TO TRY TO MAKE THE COMMUNITY BETTER. THAT'S WHAT WE'RE TRYING TO DO.
ARE THERE ANY OTHER QUESTIONS FOR EITHER THE RESPONDENT, OR THE OFFICER, FOR MICHELLE, BEFORE WE CLOSE THIS TO DELIBERATE FROM THE BOARD? ANYBODY?
>> AT THIS POINT ON THIS CASE, I DON'T THINK SO.
I THINK THAT WOULD BE OUT OF BORDER.
>> THE OPEN SESSION IS CLOSED SO WE CAN DELIBERATE.
ON PREVIOUS CASES, WE HAVE DEFERRED THE RECOMMENDATION FOR 30 DAYS.
I DO HAVE A CONCERN THAT MAYBE I THINK HE WILL BE ABLE TO, BUT I DON'T WANT TO PUT IT IN THE RECORD.
IN 30 DAYS, THE FINE IS GOING TO START IF FOR SOME REASON, YOU CAN'T DO IT.
>> HALF OF THIS IS IN HIS OWN CONTROL QUICKLY AS A CLEANER.
>> SECOND HALF. THE DOMINOS THAT NEED.
>> BUT THIS IS ALL TIED TOGETHER. SEPARATE.
>> PREVIOUSLY, SPLITTING THINGS COMPLICATED THE [INAUDIBLE] FOR YOU GUYS.
ARE YOU PROPOSING THE 60 DAYS JUST IN 30.
>> WHAT I'M RECOMMENDING IS THAT WE DON'T DO THE RECOMMENDATION NOW.
WE WAIT 30 DAYS AND SEE IF IT'S ADDRESSED.
THEN AT THAT TIME, IF IT'S NOT, THEN WE CAN IMPOSE THE NEXT 30 AND I DON'T WANT TO START GETTING FINED IF HE CAN'T DO IT IN 30 DAYS.
>> BUT, CHIP, THIS WAS A RATHER QUICK INSTANCE STARTING ON APRIL.
>> ONCE HE GETS THE PERMIT ISSUED, HE COULD DO THIS IN SHORT.
THIS HASN'T DRAGGED ON FOR MONTHS.
HE HAD A VERY WILLING PARTICIPANT.
I GUESS THE OTHER WAY TO DO IT IS, LIKE YOU WERE SAYING, JUST WAIT 60 DAYS INSTEAD OF 30,
[00:35:01]
SHOULD BE ABLE TO DO IT CERTAINLY BY THEN.>> I WOULD MAKE A DIFFERENT PROPOSAL.
WE GO WITH THE CITY'S RECOMMENDATION, BUT IF MR. LOU CAN DEMONSTRATE THAT HE'S MADE FORWARD PROGRESS ON GETTING A PERMIT, THEN WE CAN ALWAYS HOLD THOSE FEES IN ADVANCE AT 30 DAYS.
AT LEAST THAT WAY, HE OBVIOUSLY HAS THE IMPETUS TO GET THIS DONE.
I THINK AT THIS POINT, IF WE TAKE OUR FOOT OFF THE GAS, IT MAY STRETCH OUT.
BUT IF IT'S NOT DUE TO HIS DELAYS OR INABILITY TO FIND A FENCE CONTRACTOR, AS LONG AS HE DOCUMENTS, HE'S TAKEN THOSE POSITIVE STEPS, AND THEN IT WOULD BE IN OUR POWER TO FORGIVE FEES?
>> JUST TO CLARIFY, MR. CHAIRMAN, SO YOU'RE TALKING ABOUT THE FEES AND NOT THE FINE BECAUSE THERE'S TWO.
>> YOU COULD STILL APPLY THE FEES TODAY IF YOU WANTED TO IN YOUR MOTION, THE ADMINISTRATIVE FEES THUS FAR.
YOU'RE TALKING ABOUT THE FINES.
THE HUNDRED DOLLAR FINE PER DAY.
I JUST WANTED TO BE CLEAR. THANK YOU.
>> THE MOTION YOU WANT TO PUT FORWARD THEM?
>> YEAH. I'LL PUT FORTH A MOTION THAT WE ACCEPT THE CITY'S RECOMMENDATION.
>> THAT THEY'RE IN VIOLATION OF THE 42119 RUBBISH AND GARBAGE REMOVAL, AND THE ENCLOSURE IS 421 17TH.
AT LEAST SHOW POSITIVE PROGRESS TOWARDS OBTAINING THE PERMITS AND A SUBCONTRACTOR FOR HIMSELF TO COMPLETE THE ENCLOSURE BY SEPTEMBER 7.
>> ARE YOU GOING TO ADMINISTER THE ADMINISTRATIVE FEES TO BE PAID?
WE IMPOSED THE ADMINISTRATIVE FEES BECAUSE, OUR STAFF HAD TO PUT FORWARD THE EFFORT.
>> IS IT POSSIBLE FOR US TO CONSIDER SEPTEMBER 3?
>> OUR NEXT MEETING, I BELIEVE IS THE FOURTH.
>> IF THIS WERE TO COME BACK TO US.
LIKE, OTHERWISE, WE'RE KICKING IT DOWN 60 DAYS ANYWAY.
>> THAT'S A GOOD POINT. I THINK THAT'S AN EXCELLENT POINT.
I'D LIKE TO AMEND MY MOTION TO SEPTEMBER 3.
>> THE FOURTH. BECAUSE THE BOARD IS ARMY.
>> THE ASSESSING OF FINES WOULD BE DETERMINED TO PRESENT THIS CASE NEXT TIME.
IS THAT WHAT YOU'RE SAYING? I'M NOT TRACKING THAT PART.
>> [INAUDIBLE] TO COME BACK ON THIS MEETING ON YOUR NEXT MEETING AS YOU'VE IDENTIFIED.
LEGALLY, WE WOULD HAVE TO NOTICE IT THAT IT'S GOING TO BE BACK ON THE AGENDA TO DETERMINE IF THE FINES WOULD BE ASSESSED AND AT THAT POINT, HE COULD GIVE YOU AN UPDATE IF HE HADN'T REALLY DONE IT.
I THINK WE WOULD HAVE TO CONTINUE IT.
PROPERLY NOTICED TO COME BACK TO YOU ON YOUR NEXT AGENDA.
IS IT TOO LATE FOR THAT TO HAPPEN? I'M NOT SURE OF ALL YOUR DEADLINES.
>> THE OTHER CONCERN I HAVE WAS WE HAVE LABOR DAY WEEKEND.
I'M NOT SURE WHAT TIME FRAME HE REALLY HAS BETWEEN NOW AND FOURTH, IT'S A GOOD CATCH ON SHORTENING HIS TIME FRAME.
IT'S NOT THE SAME LEVEL OF ACTUAL SAFETY ISSUE, SO I DON'T EVEN CARE IF IT'S 60 DAYS.
THE CITY CANNOT RECOMMEND MORE THAN 30.
THAT'S WHY THEIR RECOMMENDATIONS ARE ALREADY SET AT THAT.
>> I GUESS I COULD WITHDRAW MY MOTION AND JUST RECOMMEND THAT WE PUSH THIS TO THE NEXT [INAUDIBLE] AND THEN MAKE IMPOSE THE FINES AT THAT TIME.
>> WELL, I FEEL THAT MEMBER KRINSI SO ELOQUENTLY EXPLAINED TO HIM WHAT COULD HAPPEN OR WHAT TO DO IN THE EVENT THAT THE PERMIT PROCESS GOT HELD UP..
HE HAD SOME GUIDELINES ON WHAT HE NEEDS TO DO.
I THINK HE'S FULLY ON BOARD WITH THAT.
>> FOR THE CITY ATTORNEY, JUST WANT TO MAKE SURE WE TAKE THE NECESSARY PROCESS HERE.
THAT LAST MOTION BY BOARD MEMBER POSNER WAS SECONDED.
WHAT DO WE NEED TO DO TO GO AHEAD AND REMOVE AND PUT FORTH.
>> WELL, ONE, IF YOU'RE GOING TO WITHDRAW IT, WE WOULD HAVE TO HAVE THE PERSON THAT SECONDED DO THAT AS WELL.
[00:40:02]
BUT YOU MAY WANT TO AMEND IT BECAUSE YOU'RE STILL GOING TO HAVE TO VOTE TO APPLY THE ADMINISTRATIVE FEES IF YOU'RE GOING TO DO THAT.YOU WOULD AMEND YOUR MOTION TO APPLY THE ADMINISTRATIVE FEES AND CONTINUE THIS TO THE NEXT MEETING.
AS THEN THEN THAT WAY, IF YOUR SECOND OR WILL AMEND IT, YOU DON'T HAVE TO WITHDRAW IT BECAUSE WE STILL NEED A MOTION.
A MOTION TO LEVY THE ADMINISTRATIVE FEES AND TO CONTINUE THE CASE TO THE NEXT MEETING TO DETERMINE FINES.
IF THAT GETS A SECOND, AND YOU WANT TO VOTE ON THAT, THEN THAT WAY, HE CAN COME BACK AND IF HE HASN'T DONE IT, YOU CAN DECIDE IF YOU'RE GOING TO LEVY THE FINES AT THAT MEETING.
>> WILL HE HAVE TO COME BACK IF IT'S IN COMPLIANCE?
>> I THINK THAT AND I KNOW WE'RE STILL WORKING TO GET YOU A MOTION TO AMEND.
I THINK THAT WOULD BE UP TO US.
HE COULD JUST PUT SOMETHING IN THE RECORD AND OR YOU COULD PULL IT.
THERE'S A LOT OF THINGS THAT YOU CAN ADMINISTRATIVELY DO IF WE JUST SCHEDULE IT FOR THE NEXT ONE.
SURE. IF IT GETS ON THE NEXT AGENDA AND HE'S COMPLIED, WE CAN PULL IT AND JUST GIVE YOU AN UPDATE.
WE CAN JUST PULL IT LIKE WE DID SOME OF THE OTHER ONES TODAY. THE ANSWER WOULD BE NO.
IF HE CAME INTO COMPLIANCE, YOU WOULD BE ABLE TO JUST PULL IT OFF THE AGENDA AND JUST PROVIDE AN UPDATE TO THE BOARD.
>> I TRULY BELIEVE FROM THE BOTTOM OF MY HEART, THAT IT WILL BE DONE THIS WEEKEND.
I WILL MAKE SURE THAT THAT PERMIT HAPPENS.
AS LONG AS HE GETS EVERYTHING IN AND HE DOES EVERYTHING HE'S SUPPOSED TO DO, I WILL COME DOWN PERSONALLY, AND I WILL MAKE SURE THAT IF IT IS POSSIBLE, HE WILL HAVE A PERMIT IN HIS HANDS TOMORROW SO THAT HE CAN GET THIS DONE.
USUALLY WHEN I ASK THEM, THEY'LL DO IT.
HE HAS TWO BUSINESSES, THE OTHER ONES IN JACKSONVILLE.
IF HE COMES INTO COMPLIANCE, I JUST DON'T WANT TO WASTE HIS TIME TO COME BACK HERE.
>> BUT MR. CHAIRMAN, I THINK THAT WE'VE PULLED TWO THINGS OFF THE AGENDA TONIGHT.
IF IT CAME INTO COMPLIANCE, I FEEL WE COULD JUST PULL IT AND TELL HIM HE DOESN'T HAVE TO COME.
BECAUSE IT'S YOU THAT WOULD REPORT TO THIS BOARD THAT HE WAS IN COMPLIANCE.
I THINK THAT CONTINUING IT TO THE NEXT MEETING THOUGH DOES ALLOW YOU IF IT DIDN'T COME INTO COMPLIANCE TO HAVE IT ALREADY NOTICED AND READY TO GO.
THAT WOULD BE MY RECOMMENDATION, BUT YOU CAN OBVIOUSLY DECIDE TO DO WHATEVER YOU'D LIKE.
>> CAN I ASK YOU A QUESTION? I AM CURIOUS.
>> YES. WELL, MY QUESTION IS, IF HE WAS TO ASSESS FINES,.
>> WE'RE NOT ASSESSING FINES TODAY.
>> CORRECT. IF THEY WENT AHEAD AND PUT THAT MOTION IN ORDER, THOUGH, COULD HE RETURN BACK IF FINES DID GET ASSESSED AND THEY COULD WAIVE THEM?
>> YEAH. BUT I THINK IT'S CLEANER.
IF YOU WANT TO MAKE A MOTION TO LEVY THE ADMINISTRATIVE FINES, CONTINUE IT TO THE NEXT MEETING TO CONSIDER THE ADMINISTRATIVE FEES, AND THEN CONTINUE TO THE NEXT MEETING TO CONSIDER LEVYING THE FINE.
THAT'S WHAT I THINK WOULD JUST BE EASIER AND CLEANER.
>> I WILL MAKE A MOTION TO AMEND MY PREVIOUS TWO MOTIONS.
TO INCLUDE THE LEVYING OF THE ADMINISTRATIVE FEES WITH THE FINES TO BE REVISITED ON OUR NEXT MEETING.
>> IS THAT WHO SECONDED IT THE FIRST TIME?
>> CAN YOU REPEAT THAT ONE MORE TIME?
>> HE MOVES PLEASE TO LEVY THE ADMINISTRATIVE FEES AND CONTINUE THE CONSIDERATION OF THE FINES TO BE PAID BY THE OWNER, I THINK IS WHAT YOU GUYS SAID TO THE NEXT MEETING.
>> TO FIND HIM IN VIOLATION AND ASSESS THE ADMINISTRATIVE FEES.
>> RIGHT. THAT'S THAT WAS THE CLARIFICATION.
TO FIND HIM IN VIOLATION AND ASSESS THE FINES.
>> WE'RE GOING TO SPEND ALL THIS TIME AND HE'S GOING TO GET IT DONE, AND IT'S GOING TO BE GREAT.
>> I'M SORRY. COULD YOU READ BACK TO US WHAT YOU HAVE IN THE RECORD THEN?
[00:45:03]
>> TO FIND THE PROPERTY IN VIOLATION TO ASSESS THE ADMINISTRATIVE FEES AND TO DEFER ANY FINES UNTIL OUR NEXT BOARD MEETING.
IS HOW I UNDERSTAND IT, IS THAT CORRECT? THAT'S WHAT I HAVE TO. JUST READING IT BACK WAS NOT.
>> NEXT BOARD MEETING ON SEPTEMBER 4.
>> SORRY. I JUST WANT TO MAKE SURE WE ALL ARE VOTING.
>> IS THERE ANY OTHER BOARD BUSINESS?
[6. BOARD BUSINESS]
YES. TO THE LADY OVER THERE.>> OH, YOU'RE FINE. YOU CAN GO FORWARD.
>> MICHELLE FORSTROM. ENFORCEMENT DIRECTOR.
I WOULD LIKE THE OPPORTUNITY TO LET CRYSTAL RIMES EXPLAIN SOMETHING ABOUT 5.3? I WILL SAY THAT THERE WAS A SCRIVENER'S ERROR ON THE WAY THIS WAS PUT ON THE AGENDA.
BUT I'M GOING TO LET MS. RIMES EXPLAIN IT BECAUSE SHE CAN DO THAT BETTER THAN I CAN.
>> 5.3, IT WAS REMOVED FROM THE AGENDA AFTER PUBLICATION.
WELL, WE COULDN'T REMOVE IT FROM THE AGENDA, BUT WITH YOU GUYS, WE PULLED IT FROM TODAY.
DUE TO THE SCRIVENER'S ERROR THAT WAS A PART OF THE CASE FILE, THE PROPERTY OWNER READ JAMES SHAFFER, SUMMER HOUSE REALTY, AND THE CORRECT OWNER IS IP HOLDINGS GROUP, LLC AND IT WAS IDENTIFIED AFTER THE AGENDA WAS POSTED, BUT WE CANNOT MAKE CHANGES TO A PUBLISHED AGENDA.
I JUST WANT TO MAKE SURE THAT'S VERY CLEAR AND IN THE RECORD THAT THEY WERE NOT THE CORRECT OWNER ON THIS AGENDA.
>> WOULD THEY APPEAR ON THE NEXT AGENDA?
>> I THINK HE WANTS TO SAY SOMETHING.
[LAUGHTER] COULD YOU ALLOW HIM TO, SINCE IT WAS HIS CASE.
>> MR. CHAIRMAN, WHILE WE'RE WAITING FOR HIM COME OUT.
>> LET ME JUST ASK, DO WE NEED TO SWEAR THIS PERSON IN, THOUGH, BECAUSE HE DID NOT KNOW?
>> [OVERLAPPING] IT'S BOARD BUSINESS, I KNOW.
YOU JUST CAN'T CONSIDER ANYTHING AT HIS NEXT HEARING.
THE OWNER OF IT IS IP HOLDINGS GROUP, LLC, A GEORGIA LIMITED LIABILITY COMPANY.
THERE IS A GEA LLC THAT OWNS THE PROPERTY.
WE'VE LOOKED AT LLC DOES NOT SEEM TO BE REGISTERED IN THE STATE OF FLORIDA, BUT I HAVEN'T BEEN ABLE TO CONFIRM THAT AS A FOREIGN ENTITY BECAUSE ENTITIES THAT ARE FORMED IN ANOTHER STATE THAT DO BUSINESS IN THE STATE OF FLORIDA ARE CONSIDERED FOREIGN ENTITIES.
IT DOESN'T HAVE TO BE OUT OF JURISDICTION.
NOW, A LOT OF FOREIGN ENTITIES DO NOT HAVE TO REGISTER IN FLORIDA IF THEY'RE JUST OWNING LAND AND JUST MAINTAINING LAND.
THEY CAN ALSO DEFEND WITHOUT BEING REGISTERED IN FLORIDA, SO THEY CAN CERTAINLY APPEAR HERE IN ORDER TO DO PERMITS, IMPROVE LAND, AND THINGS LIKE THAT; THEY NEED TO BE REGISTERED IN FLORIDA.
SO WE'LL BRING THIS CASE BACK TO YOU WHEN WE CAN PROPERLY NOTICE THE OWNER.
AGAIN, THE CASE FILE JUST HAD THE NAME BECAUSE I DON'T KNOW WHAT MR. SCHAFER IS GOING TO TELL YOU, HE MAY HAVE SOME RELATIONSHIP TO THIS IP HOLDINGS GROUP, LLC.
MAYBE HE DOESN'T. I HAVEN'T BEEN ABLE TO LOOK AT IT.
BUT THE CONFUSION IN THE FILE WAS THAT INSTEAD OF PUTTING THE LLC ON RECORD, THEY PUT MR. SCHAFER'S NAME AND I BELIEVE, SUMMER HOUSE REALTY LLC.
THAT WAS SOME OF THE CONFUSION, BUT WE DO HAVE THE PROPER ENTITY NOW AND WE'LL JUST HAVE TO JUST FIGURE OUT HOW TO SERVE THE PROPER ENTITY AND GET THEM SEE IF THEY'RE PROPERLY LICENSED IN FLORIDA.
>> I DON'T. YOU'RE JUST TALKING.
>> I JUST HAD A QUESTION FOR THE BOARD.
WITH THE PUBLIC COMPLAINT, I JUST WANTED SOME CLARIFICATION ON HOW THAT WORKS ON THE BUSINESSES.
WHEN THERE IS A PUBLIC COMPLAINT, HAS THAT COMPLAINT HAS TO GO ON RECORD ON WHO IT WAS? WHO IS THE PUBLIC IN THAT COMPLAINT? DO THEY HAVE TO BE A RESIDENT? IT CAN BE SOMEBODY FROM ANOTHER STATE.
WHAT'S CONSIDERED PUBLIC FOR A COMPLAINT?
>> THAT'S NOT FOR US TO ANSWER.
IT'S FOR CODE ENFORCEMENT DEPARTMENT.
[00:50:02]
>> SOMEONE WAS ASKING ME AND MY LAWYER.
>> THE STATUTE READS THAT CODE ENFORCEMENT CANNOT ACT OR OPEN A CODE ENFORCEMENT CASE WITH AN ANONYMOUS COMPLAINT.
THERE HAS TO BE NAME AND ADDRESS AT THE VERY LEAST.
WE TRY AND GET EMAIL, PHONE NUMBER, WE TRY AND GET EVERYTHING.
ANYONE CAN COMPLAIN AS LONG AS THEY GIVE US THAT INFORMATION.
>> THEY DON'T EVEN HAVE TO BE THEY COULD BE FROM GEORGIA.
>> THEY COULD BE FROM [OVERLAPPING].
>> THROUGH THE CHAIR, MS. FORESSTROM, THAT'S CORRECT, EVEN WITH RESIDENTIAL.
>> ANYBODY CAN MAKE A COMPLAINT ON A RESIDENTIAL PIECE OF PAPER.
>> YES. THAT HAPPENS MORE THAN COMMERCIAL, TO BE HONEST, WITH WE GET A LOT MORE COMPLAINTS ON RESIDENTIAL.
I CAN TELL YOU, IT'S NOT A SECRET THAT I RECEIVED THE COMPLAINT FROM THE CITY MANAGER.
I BELIEVE THAT SHE PROBABLY YOU KNOW WHAT? I'M NOT GOING TO GUESS. I'M NOT GOING TO DO THAT. IT WOULD BE HEARSAY.
IT CAME FROM HER. WE LOOKED AND LOOKED AND LOOKED, AND I CAN'T FIND THE EMAIL.
I WENT AND TALKED TO HER YESTERDAY AND SAID, "DID YOU DO IT VERBALLY OR DID YOU SEND ME AN EMAIL?" SHE BELIEVED SHE SENT ME AN EMAIL, TOO, SO SHE WAS GOING TO LOOK FOR IT.
I'M DOING MY DUE DILIGENCE WITH THAT, AND I WILL BE MORE THAN HAPPY TO SEND IT TO YOU TOO WHEN I GET THAT EMAIL.
>> BUT IT DOES HAVE TO BE A WRITTEN COMPLAINT.
>> YES. IT CAN BE AN EMAIL, CAN BE A MESSAGE.
THEY JUST HAVE TO GIVE US THEIR INFORMATION.
WE DON'T JUST TO LET EVERYBODY KNOW WHEN SOMEBODY COMPLAINS, AND WE GO TO, I'M GOING TO SAY A RESIDENCE.
WE ADDRESS THE COMPLAINT, AND WE'RE NOT GOING TO SAY, YOUR NEIGHBOR AT BLAH, BLAH, BLAH. WE DON'T DO THAT.
BUT IF THEY ASK US, WE HAVE TO TELL THEM. IT'S PUBLIC.
BUT IT'S JUST NOT WE DON'T WANT PEOPLE FIGHTING AND ARGUING.
>> SOMEONE CAN JUST CALL AND AS LONG AS I GIVE YOU ANY NAME, ANY PHONE NUMBER?
>> WELL, YOU SHOULD KNOW, YOU NEED BACKUP TO THE PODIUM WITH THESE INTERROGATIONS.
BUT ALSO, MS. FORESSTROM FOR THE RECORD.
WINNIE I THINK YOU SAID EARLIER TONIGHT THAT THE STANDARD PRACTICE IF YOU GET A COMPLAINT ON SOMEONE, DO YOU IMMEDIATELY GO OUT AND WHEN YOU SEE IT, DO YOU ISSUE A CITATION AND PUT THEM IN FRONT OF THIS BOARD?
>> AT THAT POINT, YOU'RE HAVING A DISCUSSION, AND THEY CAN REQUEST THE INFORMATION ON WHO OR WHOM OR THE ENTITY OR WHATEVER THAT COMPLAINT AND YOU CAN FIND THAT OUT.
>> SO YES. THAT'S THE PROCESS.
WE JUST TO KEEP THE RECORD CLEAR, IF YOU GUYS ARE GOING TO KEEP THE BANTER, YOU'LL HAVE TO COME STAND UP NEAR OUR MICROPHONE, PLEASE.
BUT ALL GOOD QUESTIONS, AREN'T THEY? MR. CHAIRMAN.
>> WELL, AND THAT I GUESS THAT WAS THE OTHER QUESTION TO ME BECAUSE I GET ASKED 50 QUESTIONS BECAUSE I AM A BUSINESS HERE.
I'VE GOT LOTS OF DIFFERENT BUSINESSES ACROSS MULTIPLE STATES.
HOW IS THAT VERIFIED? BECAUSE FROM THAT'S WHAT THEY ASKED ME, THEY SAID, SO ANYBODY CAN CALL, SAY, ANYBODY'S NAME IN THEORY, JUST SAY, HEY, I'M RALPH, I WANT TO FILE A COMPLAINT, AND THERE'S NO BACKUP DOCUMENTATION.
YOU DON'T VERIFY WHO THESE PEOPLE ARE.
THAT WAS THE QUESTION TO ME. I WAS LIKE, I CAN'T ANSWER THAT.
>> I THINK, MR. CHAIRMAN, AND THE POINT IS, THOUGH, WHOEVER IT DOESN'T MATTER WHO MAKES THE COMPLAINT, IF YOU GO OUT THERE AND THERE IS ONE. THERE IS ONE.
IT DOESN'T MATTER IF THEY SAY THEIR NAME IS MICKEY MOUSE.
NOW, YOU MIGHT ASK THEM MORE DETAIL THERE.
BUT THE POINT IS, WHEN THE COMPLAINT COMES IN, YOU REQUIRE THEM TO GIVE A NAME AND ADDRESS, BUT THEN YOU GO TO THE SITE AND WITH YOUR OWN EYES CONFIRM WHETHER OR NOT THERE IS ONE.
IT IS NOT AS IF THE PERSON THAT CALLS IN CAN FORCE YOU TO ISSUE THAT COMPLAINT.
THEN THERE'S A VERIFICATION PROCESS.
MAYBE NOT OVER WHETHER OR NOT WE'VE GOTTEN AN ACCURATE NAME BECAUSE WE CAN'T ALWAYS GET A NAME, YOU GET A PHONE NUMBER.
BUT YOU DO VERIFY THE COMPLAINT AND THE ISSUE THAT IS BEING AND WHETHER OR NOT YOU EVEN HAVE AUTHORITY OVER THAT VIOLATION?
>> YEAH. WELL, THAT WAS THE QUESTION.
NO. JUST INCASE YOU HAVE ANY OTHER QUESTIONS.
[00:55:03]
THAT'S WHAT WE'RE HERE FOR: EDUCATION. THAT'S HUGE.>> ANY OF YOU HAVE ANY QUESTIONS FOR ME? I'M GETTING MY [OVERLAPPING].
>> THAT IS THE EXACT SAME QUESTION.
WAS THERE VERIFICATION OF THE PERSON MAKING THE COMPLAINT IN THERE? THERE ISN'T.
WE GET A LOT OF OUR COMPLAINTS VIA THE COMPLAINT FORM ON OUR WEBSITE ON FBFL.US/CODE.
NUMBER 1, IF THEY DON'T GIVE ME THE INFORMATION, IT'S NOT GOING ANYWHERE UNLESS I DETERMINE THAT IT MIGHT BE A LIFE SAFETY HEALTH ISSUE.
IF IT SAYS, MICKEY MOUSE, 123 ABC STREET, NO, WE ARE NOT GOING TO GO OUT.
I MEAN, IF IT IS A PARENT THAT SOMEBODY IS GIVING US AN ANONYMOUS THROUGH MOLARKY, WE'RE NOT GOING TO DO IT.
>> YEAH. I THINK THE POINT THAT YOU THE CITY ATTORNEY, MADE, JUST BECAUSE SOMEBODY FILES A COMPLAINT DOESN'T MEAN THERE IS A COMPLAINT, BUT IF THERE IS ONE, THERE IS ONE.
IF THERE IS A LEGITIMATE VIOLATION, AND THERE'S A LEGITIMATE VIOLATION.
>> JUST ONE MORE THING BEFORE, HOPEFULLY, I'M DONE.
IF SOMEBODY ASKS US TO CALL THEM BACK OR CONTACT THEM AFTER WE HAVE GONE THERE, THAT HELPS LEGITIMIZE THE COMPLAINT.
>> REFERRING TO THE BUILDING DOWNTOWN.
HAS ANYBODY VERIFIED IF THAT COMPLAINT WAS FIXED BEFORE THIS MEETING?
>> I WAS OUT THERE, AND IT WASN'T FIXED.
>> DID IT SAY WHAT THE COMPLAINT WAS FOR?
>> PLUMBING, I BELIEVE IT WAS PART OF IT, THAT WAS STICKING OUT OF THE SIDE OF THE BUILDING.
A BUNCH OF THE PLYWOOD WAS ROTTEN.
THERE'S ALWAYS AN ACCESS ISSUE THAT WE WORRY ABOUT WITH THAT. DID I GET IT ALL?
>> THERE'S QUITE A FEW BUT WE'RE NOT TALKING IN THAT CASE [OVERLAPPING].
>> SOMEONE'S DOING THAT TONIGHT.
>> THAT'S NOT WHAT WE'RE DOING.
>> BUT WE CAN TALK TO CODE ENFORCEMENT.
>> OR WE CAN SET UP FOR THE NEXT MEETING, BUT WE'RE NOT GOING TO HAVE THAT DISCUSSION NOW.
>> BECAUSE YOU'RE NOT SWORN IN YET.
>> CODE ENFORCEMENT CAN TALK TO YOU ABOUT WHAT YOU.
I KNOW THINGS ARE ROLLING WITH Y'ALL.
>> IS THERE ANYTHING ELSE BEFORE I JUST ANNOUNCED THE NEXT MEETING? YES. CRYSTAL.
>> I JUST FIGURED FOR YOU GUYS TO KNOW MY TYPICAL ADMINISTRATIVE PROCESS WHEN WE GET A COMPLAINT, BECAUSE I USUALLY THE ONE I'M THE ONE ANSWERING THE PHONE, MAJORITY OF THE TIME.
BUT NINE TIMES OUT OF 10, I GO STRAIGHT TO PROPERTY APPRAISERS AND PULL, AND I'M LOOKING AT THE COMPLAINT ADDRESS AND THE COMPLAINING PARTY.
I USUALLY VERIFY. I HAVE NEVER HAD AN ISSUE WITH THAT.
I THINK THE ONLY ISSUE I EVER RUN ACROSS IS SOMETIMES THROUGH THE PORTAL, THEY COULD BE A LITTLE WACKY AND IF THEY DON'T LEAVE CONTACT INFORMATION, THERE'S NOT MUCH WE CAN DO BECAUSE WE CAN'T CALL THEM BACK AND SAY, HEY, CAN YOU CLARIFY THIS NAME?
>> THANK YOU. IS THERE ANY OTHER BOARD BUSINESS?
>> I'M SORRY. I HAVE SOMETHING IF THE BOARD MEMBERS DON'T HAVE ANYTHING.
[LAUGHTER] WE STARTED TONIGHT.
I DO WANT TO BRING BACK THESE CODE ENFORCEMENT PROCEDURES, AND FOR YOU TO THINK ABOUT, DISCUSS, AND CONSENT TO.
IT WOULD LIMIT 10 MINUTES TO EACH SIDE, FIVE MINUTES FOR A REBUTTAL AND IT JUST GIVES IT A SENSE OF ORDER AND IT IS SOMETHING THAT YOU WOULD BE ABLE TO DISCUSS AND MASSAGE WITHIN LEGAL REALM, JUST SO WE HAVE.
I DON'T KNOW THAT THEY EVER REALLY EVEN GO ON FOREVER.
ONCE THESE ARE ADOPTED, THEN YOU CAN THEY'LL BE PUT IN THE NOTICE AND PEOPLE WHEN THEY SHOW UP, DON'T THINK WE'RE PICKING ON THEM BY LIMITING THEM TO 10 MINUTES OR SOMETHING.
THEY WOULD HAVE A VERY CLEAR UNDERSTANDING WHEN THEIR CASE WAS CALLED AND THE EVIDENCE, AND THE RIGHT TO HAVE AN ATTORNEY.
THAT'S WHAT I WAS GOING TO BRING BACK FOR YOUR CONSIDERATION AT ONE OF YOUR MEETINGS, POTENTIALLY THE NEXT MEETING, AND JUST PUT TOGETHER FOR YOU TO LOOK AT, AND IF YOU HAVE ANY QUESTIONS OR CONCERNS, I CAN ANSWER THEM.
BUT THAT WAS MY THOUGHT, UNLESS THIS BOARD HAS
[01:00:03]
JUST NO DESIRE TO HAVE A FORMAL PROCEDURE.>> I THINK THE NEXT MEETING WOULD BE A GOOD TIME TO DISCUSS.
>> SPEAKING OF THE NEXT MEETING, IT IS ON SEPTEMBER 4TH AT 5:00 P.M.
THE MEETING, IF I CAN GET SOMEBODY TO PUT FORTH A MOTION, WE WILL ADJOURN.
>> ALL RIGHT. WE HAVE A SECOND?
>> ALL RIGHT. 6:02. THIS MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.