Link

Social

Embed

Download

Download
Download Transcript

[Call to Order]

[00:00:08]

>> CODE ENFORCEMENT HEARING IS CONVENED. PLEASE CALL ROLL.

>> MEMBER BYRNE. HERE. >> MEMBER BOYD.

>> HERE. >> MEMBER SCHULTZ. >> HERE.

>> MEMBER CHAPMAN. >> HERE. >> VICE CHAIR.

>> HERE. >> ARE THERE ANY CHANGES TO THE AGE

AGENDA? >> WE'RE GONNA TALK ABOUT THE TO

TOWNSON HOUSE. >> HAS EVERYONE HAD AN OPPORTUNITY TO READ THE MINUTES?

[Item 2]

WILL SOMEBODY MOVE TO APPROVE. >> I MOVE. >> I SECOND.

>> ALL IN FAVOR. >> AYE. NOTHING UNDER OLD BUSINESS.

[Item 4.1]

>> WE WILL BE CONDUCTING A CASE TONIGHT FOR 562 ASH STREET. FIRST THE CODE ENFORCEMENT OFFICER, SHE'S GOING TO MAKE A PRESENTATION AND ENTER THAT INTO THE RECORD.

ANYBODY WHO WISHES TO SPEAK, MR. PALMISANO, YOU WILL TAKE AN OATH.

SHE'LL INTRODUCE EVIDENCE AND TESTIMONY INTO THE RECORD THEN YOU'LL HAVE A CHANCE TO COME UP AND INTRODUCE YOURSELF, NAME AND ADDRESS. IF YOU'RE MAKING A PRESENTATION AND INTRODUCING TESTIMONY, WE'RE DOING AN AUDIO AND VIDEO RECORDING ALONG WITH THE DOCUMENTS AND ANY PICTURES. YOU ARE NOT LIMITED BY THE AMOUNT OF TIME THAT YOU WISH TO SPEAK. NOBODY'S GOING TO STOP AND BUZZ YOU FOR TIME.

YOU CAN SPEAK AS LONG AS YOU WISH OR SHORT AS YOU WISH. ALL OF YOUR ARGUMENTS HERE IS WHAT THE COURT USES TO MAKE A DECISION. MOST OF THE TIME WE WILL MAKE A DECISION TONIGHT. IF THERE'S AN APPEAL THAT ANYBODY WISHES TO MAKE TO THE BOARD'S DECISION THAT APPEAL WILL HAVE TO BE FILED WITHIN 30 DAYS IN THE CIRCUIT COURT.

>> HAS ANYONE HAD EXPARTE DISCUSSIONS DUE TO THIS MATTER? >> I HAVE.

>> ANYTHING ELSE? >> 4.1 ANDREW PALMISANO, 5.6 ASH STREET CASE NUMBER 2019-0458 VIOLATIONS CODE AND ORDINANCES ENCROACHMENT IN PUBLIC RIGHT OF WAY LAND DEVELOPMENT CODE.

DUMPSTERS. >> WOULD YOU PLEASE BE SWORN IN? >> RAISE YOUR RIGHT HAND.

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? >> YES.

>> CITY PROCEED. >> YES. AT THIS TIME I'D LIKE FOR THE

STAFF REPORT AND ALL EVIDENCE TO BE INTRODUCED ONTO THE RECORD. >> IS THERE ANY OBJECTION TO THE INTRODUCTION OF THE REPORT? ALL THE DOCUMENTS ARE BEING ENTERED.

>> OKAY. ON FEBRUARY 15TH, 2018, CODE ENFORCEMENT CONDUCTED A DOWNTOWN DUMPSTER AUDIT, FINDING SEVERAL PROPERTIES IN VIOLATION. THIS REPORT WAS GIVE TON THE CITY MANAGER AT THE TIME. SOMETIME AFTER THAT, WHILE MAKING A PURCHASE, I MENTIONED TO MR. PALMISANO -- SORRY, I'M USED TO CALLING YOU BY YOUR FIRST NAME -- THAT HE WOULD HAVE TO EITHER MOVE THE DUMPSTER TO PRIVATE PROPERTY OR REMOVE IT SOMETIME IN THE NEAR FUTURE.

I TOLD HIM DUMPSTER LOCATED IN THE RIGHT OF WAY WOULD HAVE TO BE THE SAME THING.

[00:05:05]

CONCENTRATION WAS GOING TO BE ON DOWNTOWN FIRST. AND THE LAST QUARTER OF 2019 CODE ENFORCEMENT WAS ASKED TO FOLLOW UP ON THE BUSINESSES THAT HAD DUMPSTERS IN THE RIGHT OF WAY DOWNTOWN. DECEMBER 30TH, 2020, CODE ENFORCEMENT VISITED ALL THREE BUSINESSES THAT HAD DUMPSTERS LOCATED IN THE RIGHT OF WAY AND REQUESTED THAT EACH ONE BE RELOCATED ON PRIVATE PROPERTY OF -- LET'S SEE. PRIVATE PROPERTY OR PERMANENTLY REMOVED. JANUARY 14, 2020 WAS THE DEADLINE FOR COMPLIANCE AMELIA ISLAND HARDWARE WAS ONE OF THOSE BUSINESSES THAT WE VISITED. MR. PALMISANO DID NOT RESPOND WELL WHEN I WENT IN. JANUARY 14 AND 17, 2020, ANOTHER INSPECTION WAS PERFORMED.

EACH OF THESE DATES TO CHECK FOR COMPLIANCE. THE DUMPSTER WAS STILL IN THE RIGHT OF WAY. I MET WITH CITY MANAGER SEVERAL TIMES ABOUT THIS MATTER.

EVENTUALLY WE DECIDED CODE ENFORCEMENT NEEDED TO PROCEED TO THE NEXT STEP.

FEBRUARY 7, 2020, WE SENT A NOTICE OF VIOLATION, NOTICE OF HEARING LETTER, GIVING MR. PALMISANO UNTIL FEBRUARY 17TH, 2020, TO COME INTO COMPLIANCE.

FEBRUARY 19, 2020, A PREAGENDA INSPECTION WAS PERFORMED SHOWING THE DUMPSTER WAS STILL IN THE RIGHT OF WAY AND, THEREFORE, WAS STILL IN VIOLATION. CONCLUSION, WE HAVE NOTIFIED MR. PALMISANO VIA CERTIFIED MAIL THAT THIS PROPERTY IS IN VIOLATION OF 70-2 ENCROACHMENT IN THE PUBLIC RIGHT OF WAY AND 5.0107 DUMPSTERS WHICH HAS TO DO WITH ENCLOSURES.

MR. PALMISANO HAS NOT CONTACTED OUR OFFICE IN REGARDS TO THIS CASE.

THE DUMPSTER REMAINS IN THE RIGHT OF WAY. THE OTHER TWO BUSINESSES ARE CURRENTLY IN COMPLIANCE. I HAVE CHANGED MY RECOMMENDATION FROM WHAT WAS PUT ON THE AGENDA.

THE CITY RECOMMENDS A MOTION TO BE MADE THAT, TO FIND THE PROPERTY IN VIOLATION 72-2 ENCROACHMENT IN A PUBLIC RIGHT OF WAY AND 5.0107, DUMPSTER, GIVING THE RESPONDENT SEVEN ADDITIONAL DAYS TO BRING THIS PROPERTY INTO COMPLIANCE BY MARCH 12TH, 2020.

THE CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMINISTRATIVE FEES BE PAID BY THE RESPONDENT AND THAT, IF BY THIS TIME HE HAS NOT HAD IT REMOVED TO HAVE THE CITY ORDER IT REMOVED FROM

ADVANCE DISPOSAL. >> DO WE KNOW WHAT THESE ARE? >> I DON'T.

THEY'RE UNDER $200. >> MR. PALMISANO? >> ANDY PALMISANO, 516 ASH STREET. DUMPSTER'S BEEN THERE SINCE '81. CITY OF FERNANDINA BEACH PUT IT THERE. I CALLED THE GARBAGE COMPANY AND TALKED TO A GREG STANLEY THAT'S IN CHARGE. GREG -- I SAID I NEED TO SEE IF YOUR TRUCK CAN GET UNDER THE WIRES TO MOVE IT ON TO MY PROPERTY BECAUSE I'M LOT LINE TO LOT LINE, BASICALLY.

AND THEN HE ASKED ME, HE SAID, ANDY, WHAT'S GOING ON? I SAID THE CITY WANTS ME TO GET RID OF MY DUMPSTER OR PUT IT ON PRIVATE PROPERTY. HE SAID, ANDY, WHO DO YOU PAY FOR THE DUMPSTER? I SAID THE CITY OF FERNANDINA. HE SAID THE DUMPSTER BELONGS TO THE CITY OF FERNANDINA, NOT YOU. THEY CAN MOVE IT WHENEVER THEY WANT AND BRING YOU A GARBAGE CAN WHENEVER THEY WANT. TAMMY, ONE MEETING, CITY COMMISSION MEETING, SAID TO THE COMMISSIONERS, WE PUT IT THERE, WE CAN TAKE IT AWAY. THAT'S THE WAY IT IS.

IT BELONGS TO THE CITY OF FERNANDINA BEACH, NOT ANDY PALMISANO.

>> YOU PAY THE CITY FOR THAT. >> WHEN I PAY THE CITY FOR THE SERVICE, THAT GARBAGE CAN

BELONGS TO THEM, NOT TO ME. I USE IT FOR BOXES. >> DISCARDED PAINT?

>> NOT REALLY PAINT. WE DON'T DO PAINT. I GOT TWO BIG ORDERS A WEEK.

LOT OF TRASH. TO ROLL OUT CANS IS JUST RIDICULOUS, BUT, YOU KNOW, IF I

GOT TO DO IT O-- >> DO YOU HAVE A PLACE TO PUT THAT?

IN YOUR DRIVE WAY? >> THAT'S MY DRIVE WAY, BUT THE WIRES HANG.

THE TRUCK WON'T BE ABLE TO GET UNDER THERE. I WAS HOPING HE COULD PULL IN, PICK IT UP, BACK IT OUT ON THE STREET AND LIFT IT UP, BUT IT'S TOO LOW.

[00:10:04]

THE TRUCK WOULD HIT. >> LET ME ASK THE CITY IF IT'S NOT REMOVED AND THE CITY COMES OR ADVANCE DISPOSAL COMES AND TAKES THE CITY AWAY, WHAT WILL REPLACE IT?

>> THAT'S ENTIRELY UP TO MR. PALMISANO. THE REASON THE CITY HAS GIVEN SO MUCH TIME FOR HIM TO FIND SOME OPTIONS. WE DIDN'T WANT TO JUST TAKE IT.

>> WELL, THERE ARE NO OPTIONS. IT'S EITHER ROLLOUTS OR TAKE THE DUMPSTER, GONE.

IT'S NOT MY DUMPSTER. IT'S NOT MY RESPONSIBILITY TO GET RID OF IT.

>> HAVE YOU TALKED TO THE GARBAGE PEOPLE ABOUT IT? AS FAR AS GETTING RID OF IT?

>> I HAVE NOT. I HAVE BEEN FOLLOWING -- MY SUPERIORS GAVE ME A DIRECTION

FOR IT. >> THE CITY OWNS THE CAN, RIGHT? >> ACTUALLY, IT'S ADVANCED

DISPOSAL'S CAN. IT'S NOT OURS. >> IT'S CERTAINLY NOT THE PROPERTY OWNERS. JUST LIKE WE DON'T OWN THE TOTES THAT WE HAVE AT OUR HOMES.

THE DUMPSTERS THAT A PROPERTY OWNER GETS THAT ARE DELIVERED BY ADVANCED DISPOSAL, THE PROPERTY

OWNER DOESN'T OWN THEM. >> THAT'S CORRECT. >> BUT WE DUMP ON THEM.

WHEN I PAY MY WATER BILL, WHICH INCLUDES GARBAGE AND SEWER, DOESN'T THAT GIVE MICHELLE THE RIGHT TO GIVE ME A WARNING WHEN I DUMP MY ROLLING CAN STAYS AT THE STREET?

>> YES. >> MY POINT IS YOU HAVE -- THERE'S SOME LEGAL

RESPONSIBILITY FOR PAYING THAT BILL. >> BUT YOU CAN MOVE A DUMPSTER BACK AND FORTH LIKE YOU CAN'T ROLL A TOTE IN AND OUT. WE HAVE RULES YOU HAVE TO MOVE YOUR TOTES UP NO MATTER WHERE YOU LIVE IN A RESIDENCE. THIS IS DOWNTOWN CENTRAL BUSINESS DISTRICT ZONING. IT'S NOT -- THAT DOESN'T APPLY ROLLING A TOTE IN AND OUT.

>> TOTE, YES. >> I THINK HE'S DEALING WITH HEAVIER, MORE DEBRIS.

>> YES. I'M JUST QUESTIONING. I DON'T KNOW WHAT EVERYBODY DOES

DOWN THERE. >> FOR THE MOST PART, THE RESTAURANTS EITHER SHARE OR -- MOST OF THEM. NOT ALL OF THEM. HAVE DUMPSTERS ON THEIR

PROPERTY. >> AND THEY'RE FENCED? >> YES.

>> YES. >> NOW WE DO STILL HAVE DUMPSTERS DOWNTOWN -- THAT'S THE NEXT THING THAT WILL BE ADDRESSED AS FAR AS DOWNTOWN GOES, TO HAVE ALL OF THOSE DUMPSTERS ENCLOSED. THAT'S NEXT FOR DOWNTOWN. WE ALSO ARE HAVING ANOTHER GARBAGE COMPANY COME IN AND TAKE OVER. BECAUSE OUR DOWNTOWN TRASH IS A PROBLEM, HAS BEEN, I HAVE BEEN DOING THIS 15 YEARS AND IT'S BEEN A PROBLEM WAY BEFORE THAT.

AS MORE BUSINESSES MOVE IN AND SO FORTH, IT'S BECOME MORE. SO WE'RE HOPING MAYBE WE WILL GET SOME MORE OPTIONS WITH THIS NEW COMPANY. THIS NEW COMPANY IS --

>> DO YOU KNOW WHAT DATE THE COMPANY COMES? >> PARDON ME?

>> WHEN IS THE NEW COMPANY TAKING OVER? >> I THINK IN THE NEXT COUPLE OF

MONTHS. >> IS DOWNTOWN SERVICE EVERY DAY OR EVERY COUPLE DAYS?

>> EVERYBODY'S DIFFERENT. DIFFERENT BUSINESSES PAY FOR DIFFERENT TYPES OF SERVICE.

I HAVE A FEELING THAT MOST BUSINESSES GET A LOT MORE SERVICE THAN WHAT THEY PAY FOR.

>> WHAT DO YOU PAY FOR, ANDY? >> I PAY FOR ONE DAY A WEEK. ONE DAY.

>> LISTEN, FOLKS. CITY'S RECOMMENDATION IS THAT YOU HAVE SEVEN DAYS TO MOVE THE

DUMPSTER, CORRECT? >> YES. MOVE IT OR REMOVE IT, YES.

>> MOVE IT OR REMOVE IT. >> IF HE CALLS ADVANCED DISPOSAL AND SAYS, PLEASE TAKE MY

DUMPSTER AWAY? >> THEY WILL. >> THAT, OVER THE NEXT WEEK, TAKES CARE OF EVERYTHING OTHER THAN THE ADMINISTRATIVE FEES WHICH ARE LESS THAN $200.

>> YEAH. >> WHAT WILL REPLACE -- BECAUSE THE DUMPSTER IS YAY BIG, RIGHT? AND TOTES ARE THIS BIG. WHAT WILL REPLACE OR IS THAT UP TO ADVANCED DISPOSAL?

>> IF HE DOESN'T WANT TO OR CANNOT SHARE DUMPSTERS, LIKE OTHER PEOPLE DO, THEN IT'S GOING TO HAVE TO BE TOTES. BUT HE CAN PAY FOR AS MANY TOTES AS HE WANTS.

BUT HE STILL HAS TO HAVE A PLACE TO PUT THEM. >> THE TOTES WOULD HAVE TO BE ON

HIS PROPERTY? >> YES. >> AT LEAST UNTIL THEY'RE ROLLED

OUT. >> EXACTLY. >> WHAT DO YOU WANT TO DO, ANDY?

[00:15:01]

>> KEEP MY DUMPSTER. >> DO YOU FILL THAT EVERY WEEK, ANDY?

>> YES. >> WHAT'S YOUR OPTIONS IF YOU KEEP IT?

WHAT ARE YOUR OPTIONS? >> ONLY IN THE RIGHT OF WAY. IT IS IN THE RIGHT OF WAY.

IT DOES SERVICE THE LOCAL DOG WALKERS BECAUSE THEY ALL THROW THEIR DOG POOP IN THAT DUMPSTER.

>> WHAT ABOUT THE WEST SIDE OF YOUR BUILDING? THERE'S NOT ENOUGH ROOM? YOU GOT THAT PAVED SIDEWALK. THAT'S ONLY FIVE FOOT OR SOMETHING.

>> YEAH. >> IT'S NOT GOING TO MAKE A DIFFERENCE WHO THE PROVIDER IS.

>> NO. >> THERE'S NO SPACE FOR THE DUMPSTER.

>> CORRECT. >> UNLESS THEY HAVE A DIFFERENT SIZE DUMPSTER.

>> WE'RE HOPEFUL FOR SOME OTHER OPTIONS, OTHER THAN WHAT WE'VE GOT GOING ON DOWNTOWN.

WHAT WE HAVE ISN'T WORKING. THAT'S PART OF THIS, FOR SURE. >> THIS IS WHAT WE HOPE FOR FOR THE REST OF DOWNTOWN. YOU'VE BEEN HERE 15 YEARS AND WE'VE BEEN TALKING ABOUT

DOWNTOWN FOR A LONG TIME. WHAT IS THE IMMEDIATE SOLUTION? >> CAN I ASK ONE FOR ME?

>> SURE. >> THE NEWSPAPER, DO THEY HAVE A DUMPSTER?

>> PAPER DUMPSTER AND REGULAR DUMPSTER. GARBAGE DUMPSTER.

>> WHAT IF YOU SPLIT WITH THEM? >> IF I GET STARTED DOING THIS, THIS IS NOT GOING TO WORK.

>> IT IS MANDATORY FROM THE CITY THAT IF A DUMPSTER IS IN THE RIGHT OF WAY, IT HAS TO GO.

>> IT'S JUST BEING ENFORCED NOW. >> CORRECT. WE STARTED WITH DOWNTOWN.

WE DID THAT. >> LET'S JUST TALK ABOUT THIS CASE.

THE DUMPSTER IS NOT ON PRIVATE PROPERTY. IT SHOULDN'T BE THERE.

CITY HAS NEGLECTED TO ENFORCE THAT FOR AN EXTENDED PERIOD OF TIME PROBABLY.

>> YES. >> OKAY. MISS SHULTS?

>> COULD YOU PUT TWO SMALLER DUMPSTERS ON YOUR PROPERTY? >> THE TRUCK CAN'T GET UNDER THE

WIRES TO PICK IT UP. SEE HERE? >> THE TRUCK HAS TO COME IN.

THIS IS RIGHT OF WAY. >> WHOSE PROPERTY IS THAT COMING IN ON?

YOURS? >> THAT'S HIS PROPERTY. BUT IF A TRUCK HAD TO COME IN

THAT WAY, IT WOULDN'T BE ABLE TO DO IT. >> THAT'S PRETTY MUCH ALL THE

CITY. >> YES. BUT THIS LOCATION IS --

>> OKAY. >> CITY'S RECOMMENDATION IS SEVEN DAYS TO REMOVE THE

DUMPSTER OR OTHERWISE COME INTO COMPLIANCE. >> YES.

>> IS THERE ANY FURTHER DISCUSSION? >> I'M TRYING TO FIGURE OUT,

SEVEN DAYS, IF IT'S NOT HIS DUMPSTER, HOW CAN HE BE HELD -- >> SOMEBODY CAN CALL ADVANCE

DISPOSAL AND SAY REMOVE IT. >> CORRECT. >> HE WON'T BE FINED BECAUSE THAT'S SILLY. IT'S NOT ON HIS PROPERTY. AGAIN, TRYING, TRYING TO GET HIM AS MUCH TIME TO COME UP WITH A RESOLUTION TO BRING THIS SITUATION INTO COMPLIANCE.

SEVEN MORE DAYS. THAT'S IT. EVERYBODY ELSE CAME INTO

COMPLIANCE. >> HOW DID THEY DO IT? >> THEY PUT IT ON THEIR OWN

PROPERTY. >> THEY HAD ROOM? HE DOESN'T HAVE ROOM.

>> HE HAS ROOM. HE JUST DOESN'T HAVE ACCESS, IS THE ISSUE.

>> IT WILL HIT THE WIRES WHEN THEY PICK IT UP. >> IT WOULD BE LOVELY IF ALL

THAT WAS UNDER GROUND, BUT IT'S NOT. >> THEY DON'T HAVE ANY OTHER

TYPE OF DUMPSTER, DO THEY? >> I'M NOT FAMILIAR WITH DUMPSTERS.

I CAN CHECK INTO IT? IT WOULD LOOK PRETTY -- IT'S UGLY SITTING IN THE FRONT YARD

RIGHT THERE. >> YEAH, THAT'S RIGHT. >> THAT'S WHERE IT WILL BE THEN.

ON A PIECE OF GRASS. >> CAN SET IT OUT ON THE STREET FOR YOU.

THINK THE AN WAS NO -- ADVANCE DISPOSAL ABOUT ALTERNATIVE? >> I HAVE NOT.

I KNOW THE CITY MANAGER WAS REACHING OUT TO THE FUTURE COMPANY, BUT TO MY KNOWLEDGE,

NO. >> ANDY, HAVE YOU TALKED TO ADVANCED?

>> I CALLED, TALKED TO ADVANCED. TURNED ME OVER TO GREG STANLEY, THAT I GUESS ONE OF THE BIG

[00:20:01]

DOGS. WE TALKED -- >> NO OPTIONS.

>> I SAID WE EITHER NEED TO SEE IF I CAN MOVE IT OR TAKE IT AWAY.

HE SAID WHO DO YOU PAY? I SAID THE CITY. HE SAID IT' NOT YOUR DUMPSTER,

IT BELONGS TO THE CITY. THAT'S WHERE HE LEFT ME. >> BUT HE DIDN'T SUGGEST ANY

ALTERNATIVES? >> NO. N

NO. >> AND THE CITY DIDN'T JUST WANT TO TAKE THE DUMPSTER.

WE'RE GOING TO ULTIMATELY HAVE TO. >> I'M STRUGGLING WITH THAT ANYWAY. ANDY PAYS. I'M NOT BUYING THE GREG WHO EVER'S POSITION THAT IT'S THE CITY'S DUMPSTER. YOU PAY FOR IT, DON'T YOU?

THEY CHARGE YOU. >> THE CITY CHARGES ME. IT'S THEIR DUMPSTER, YES, THEY DO. I HAVE GREG'S PHONE NUMBER RIGHT HERE.

>> I BELIEVE HE SAID THAT. THAT SOUNDS LIKE JUST -- THAT'S NOT PERSUASIVE TO ME.

THAT'S JUST ME. I THINK YOU HAVE SOME RESPONSIBILITY IF YOU PAY THE

BILL. >> YOU'RE PAYING FOR THE SERVICE.

EVERYBODY IN THE CITY PAYS FOR THE SERVICE. YOU'RE NOT PAYING FOR THE RENTAL OF YOUR TOTES AND STUFF. YOU ARE PAYING FOR THE SERVICE OF GETTING YOUR GARBAGE DUMPED AND DISPOSED. THAT'S WHAT YOU'RE PAYING FOR. THERE ARE SOME BUSINESSES THAT PAY DIRECTLY TO THEM AND THEY ARE PAYING A RENTAL, BUT I DON'T THINK ANYBODY DOWNTOWN IS.

EVERY BUSINESS HAS TO PAY SOMETHING THE WAY IT'S SET UP RIGHT NOW.

EVEN IF THEY DON'T HAVE A TOTE, THEY STILL HAVE TO PAY. >> HERE MY PROBLEM WITH THAT.

UNDER THAT THEORY, THEN WE CAN'T FINE MR. PALMISANO BECAUSE HE DOESN'T HAVE ANY CONTROL OVER

THE DUMPSTER. >> THAT'S WHY I TOOK THAT OFF THE TABLE.

I DECIDED THAT WAS NOT -- THAT JUST MAKES NO SENSE. >> HE EITHER CONTROLS IT OR HE DOESN'T CONTROL IT. MY BELIEF IS YOU CONTROL IT, BUT IF THEY DIDN'T PICK IT UP FOUR WEEKS IN A ROW, YOU WOULD CALL THEM AND SAY, WHY AREN'T YOU OUT HERE, YOU KNOW, PICKING UP MY

TRASH? I PAY YOU. >> MR. BOYD YOUR LIGHT'S STILL

ON. >> SORRY. >> I JUST THINK WE NEED MOVEMENT

ON IT. WE NEED SOMETHING TO HAPPEN. >> YES, MA'AM.

>> ONE OF THE QUESTIONS, JUST AS A PRACTICAL MATTER, ADVANCE DISPOSAL COMES TOMORROW AND TAKES IT AWAY. WHAT ARE THEY GONNA REPLACE IT WITH?

>> I GUESS A ROLLOUT. >> I DON'T KNOW. DO WE KNOW?

>> HE WOULD NEED TO REQUEST THE CARTS. >> HE DOESN'T HAVE THE ROOM.

>> YES, HE DOES. YEAH. HE HAS ROOM WHERE HE COULD PUT

THEM AWAY AND THEN ROLL THEM OUT. >> HOW MANY GALLONS DOES THE

DUMPSTER HOLD? >> GALLONS?

>> IT'S EITHER A TWO YARD OR FOUR YARD. AND THE CARTS ARE, WHAT, 90

GALLONS. >> THAT'S THREE CARTS RIGHT THERE.

OR FOUR. >> WE HAVE BUSINESSES THAT HAVE SEV

SEVERAL. >> ANY OTHER DISCUSSION? >> THERE'S TWO RESOLUTIONS.

EITHER MR. PALMISANO CALLS ADVANCE GETS IT REMOVED OR THE CITY CALLS AND GETS IT REMOVED

FOR THE TOTES. DO YOU HAVE A PREFERENCE? >> NO.

I CALLED ONCE AND HE TOLD ME IT BELONGED TO THE CITY. HE DROPPED IT AT THAT.

I TOLD HIM WE NEED -- I ASKED HIM TO COME BY AND SEE ABOUT THE FRONT.

I SAID, NEXT WHEN HE ASKED ME WHAT'S GOING ON. I SAID THE CITY'S MAKING ME MOVE MY DUMPSTER. HE SAID WHO DO YOU PAY FOR YOUR GARBAGE? I SAID THE CITY. HE SAID THEN THAT DUMPSTER BELONGS TO THE CITY OF

FERNANDINA AND STOPPED TALKING >> IT'S YOUR BELIEF THE CITY HAS TO MAKE THE REQUEST?

>> I BELIEVE THAT. >> YOU HAVE NO OBJECTION TO THE CITY MOVING FORWARD WITH THE

REPLACEMENT OF THE DUMPSTER -- >> I DON'T LIKE IT BECAUSE I WANT THE DUMPSTER, BUT IF IT'S THE NEW AND IMPROVED CONCEPT OF FERNANDINA, WE'LL HAVE TO LIVE WITH IT.

>> WOULD YOU AGREE -- IF THE CITY MAKES THE CALL AND SAYS MOVE THE DUMPSTER TOMORROW --

STAY WITH ME JUST FOR A SECOND. DO YOU THINK THREE TOTES? >> THREE TOTES WOULD BE

[00:25:04]

ADEQ ADEQUATE. >> DOES THAT WORK FOR THE CITY?

>> YES, MA'AM. NOW, JUST BECAUSE I CALL TOMORROW DOESN'T MEAN THEY WILL BE THERE TOMORROW. IT HAS TO BE EMPTIED. JUST LETTING EVERYBODY KNOW.

>> YOU SUGGESTED SEVEN DAYS. IF WE EXTEND THAT TO 14 DAYS, DO YOU THINK BY THAT TIME

EVERYTHING WILL GET DONE? >> I THINK IT DOESN'T MATTER IF MICHELLE IS MAKING THE CALL.

WHY DO WE HAVE TO PUT THE TIME. IF HE CALLS AND SAYS NO, I CAN'T DO IT.

THE OTHER SITUATION IS WHEN YOU CALL YOU GET SOMEONE DIFFERENT AND THEY SAY, YOU CAN'T DO THIS.

YOU DON'T PAY THE BILL. >> THEY'RE NOT GONNA DO THAT. >> OKAY.

>> I HAVE A QUESTION. ANDY, THAT, THE LAND WHERE THE WHITE FENCE IS THERE, ALL RIGHT? TO THE SOUTH OF THAT, IS THAT YOUR LAND? AND ON THE OTHER SIDE OF THE WHITE TRUCK, ALSO? BECAUSE THE WIRES ARE A LOT HIGHER.

COULD ANYTHING BE PUT THERE? >> YOU CAN'T SEE THE LOW -- THERE'S SOME LOW WIRES RIGHT

THERE. THAT BIG WIRE IS HIGHER. >> THERE'S TELEPHONE WIRES OVER

THERE. >> YOU DID SAY THAT. >> YEAH.

>> OKAY. >> ANY FURTHER DISCUSSION? >> CAN I ASK A QUESTION ONE MORE TIME? HOW MANY MORE BUSINESSES IN DOWNTOWN HAVE THIS SAME

SITUATION? >> THERE WERE THREE, INCLUDING --

>> WHAT DID THEY DO, JUST GO TO TOTES OR DID THEY HAVE A PLACE THEY COULD MOVE IT?

>> THEY PUT IT ON THEIR OWN PROPERTY. >> SAT IT DIFFERENTLY ON THEIR

PROPERTY. >> ONE WAS THE OLD PRESS, SO THEY HAVE AMPLE.

THE OTHER WAS DOTTIE'S FLOWERS SO THEY HAD TO USE ONE OF THEIR PARKING PLACES.

IT WAS THE SAME THING. THEY HAD BEEN THERE -- DOTTIE HAD BEEN THERE AT LEAST AS LONG

AS YOURS. >> RIGHT. >> SO IT WAS THE SAME TYPE OF

SITUATION. THEY JUST HAVE A SPOT TO PUT IT. >> MEMBER CROW, YOUR LIGHT'S ON

STILL. ANY OTHER DISCUSSION? >> MY QUESTION IS FOR THE CITY, IN LIGHT OF THIS PROPOSED RESOLUTION, DO YOU STILL SUGGEST ADMINISTRATIVE FINES BE

ASSESSED? >> TYPICALLY, WHEN IT GETS TO THIS POINT AND COMES BEFORE YOU,

ADMINISTRATIVE FEES ARE STANDARD. >> FEES ARE LESS THAN $200.

>> YEAH. >> CITY WON'T GO BANK RUPT IF THEY DON'T GET IT?

>> NO. >> OKAY. SOMEONE MAKE A MOTION TO RESOLVE

TH THIS. >> I'LL MAKE A MOTION.

>> OKAY. >> LET ME MAKE SURE I GOT MY FACTS CORRECT.

MICHELLE, YOUR RECOMMENDATION WAS THIS SAYS 4-13 BUT YOU'RE SAYING --

>> THAT WAS A TYPO. I APOLOGIZE. >> SO WHAT DAY ARE YOU SAYING?

>> IT DOESN'T MAKE A DIFFERENCE. IT DOESN'T MATTER. >> WE'RE GONNA GIVE YOU 14 DAYS.

>> THANK YOU. >> 14 DAYS FOR Y'ALL TO FIGURE OUT WHAT YOU WANT TO DO.

>> OR TO GET IT DONE. >> GET IT DONE. >> AT THIS POINT GETTING IT DONE MEANS THE DUMPSTER WILL BE REMOVED AT THE REQUEST'S REQUEST AND AT THE CITY'S REQUEST, THREE

TOTES WILL BE DELIVERED TO START. >> YES.

>> LET ME DO IT THIS WAY. WE NEED TO FINE IT IN VIOLATION. CORRECT? I MOVE WE FIND CASE 4.1 UNDER NEW BUSINESS IN VIOLATION OF 70-2 ENCROACHMENT IN THE RIGHT

OF WAY AND 5.01.07. >> DO IT IN TWO PARTS? >> IS THERE A SECOND FOR THAT?

>> SECOND. >> ANY DISCUSSION? >> IF WE TURN THIS ON TO THE CITY TO TAKE CARE OF THIS, WE'RE BASICALLY ADMITTING THAT IT'S NOT HIS PROBLEM.

>> THAT'S RIGHT. >> LET'S MAKE A MOTION TO THAT EFFECT.

>> WE JUST FOUND IT IN VIOLATION SO THAT'S PART OF THE RECORD. >> WHO'S IN VIOLATION?

>> CITY OR HIM? >> NO. TECHNICALLY JUST YOUR TOTES.

>> OKAY. >> MY TOTE, I HAVE THE RESPONSIBILITY TO TAKE THEM OUT

[00:30:03]

TO THE STREET. IN THIS SITUATION WITH THIS COMMERCIAL TOTE, WHO EVER DOES ANYTHING BUT LIFT THE TOP AND FILL IT UP AND CLOSE THE TOP. HE NEVER MOVES THAT.

HE DOESN'T HAVE THE ABILITY TO MOVE IT. HE DOESN'T HAVE THE

RESPONSIBILITY TO MOVE IT. >> HE PAYS THE BILL. >> WHAT WE'RE SAYING HERE IS WE'RE SAYING THAT THIS BELONGS TO THE CITY AND IT'S THE CITY'S PROBLEM.

BUT WE'RE GONNA FIND HIM IN VIOLATION? I'M A LITTLE BIT LOST WITH THAT.

>> MR. BOYD. >> I MOVE THAT CASE 4.1 BE FOUND IN VIOLATION OF 70-2

ENCROACHMENT OF PUBLIC RIGHT OF WAY AND 5.01.07. >> THAT'S THE MOTION THAT'S

ALREADY ON THE FLOOR. >> THAT'S CORRECT. >> CALL ROLL, PLEASE.

>> MEMBER BOYD? >> YES. >> MEMBER CROW?

>> YES. >> MEMBER BYRD? >> NO.

>> MEMBER SHULTS? >> NO. >> MEMBER CHAPMAN?

>> NO. >> VICE CHAIR KRESSE. >> YES.

>> MEMBER KAUFMAN? YES FOUR NO THREE WITH CHAIR KAUFMAN.

>> YES. >> SECOND MOTION IS THAT IN CASE 4 4.1, SEE IF I CAN SAY THIS CORRECTLY. WE ARE DIRECTING THE CITY TO,

WITHIN 14 DAYS, THE DUMPSTER REMOVED. >> YES, SIR.

>> AND REPLACED WITH THREE TOTES. >> AND REPLACED WITH THREE

TOTES. >> WAIVE THE FEES OR NOT? >> OR, IF WE HAVE TO COME UP

WITH A SOLUTION TO REMOVE THE DUMPSTER FROM THE RIGHT OF WAY. >> I DON'T KNOW -- I THINK HE HAS SAID -- HE HAS HAD PROBLEMS TRYING TO GET THAT DONE SO THE CITY WILL STEP IN AND GET IT

DONE. >> WHAT IF THE DISPOSAL PEOPLE COME UP WITH A DIFFERENT TYPE

DUMPSTER THEY CAN PULL IN THERE AND PICK UP? >> I DOUBT THAT'S GOING BECAUSE

OF THE WIRES. >> MAY I MAKE A SUGGESTION? THE CITY MOVE TO HAVE THE DUMPSTER REMOVED AND REPLACED WITH THREE TOTES OR OTHER GARBAGE DISPOSAL UNIT THAT MIGHT BE APPROPRIATE. SO IF THEY HAVE A SMALLER TOTE. THAT MAKE SENSE?

>> IF IT'S SOMETHING LIKE THAT, I WILL REACH OUT TO ANDY.

>> OR A VIABLE SOLUTION. >> IF THEY COME UP WITH SOMETHING DIFFERENT, REPLACING THE DUMPSTER WITH THREE TOTE,LY REACH OUT TO ANDY SO THAT HE'S -- THIS IS HIS GARBAGE.

HE NEEDS TO BE PART OF THE SOLUTION IF IT'S DIFFERENT THAN THIS.

>> WHY DON'T WE SAY THREE TOTE ORS AN EQUIVALENT THAT'S ACCEPTABLE TO THE OWNER.

IS THAT FINE WITH YOU? AND THAT NO CITY ADMINISTRATION FEES BE COLLECTED.

>> OKAY. >> MOTION. IS THERE A SECOND?

>> SECOND. >> CLERK, CALL THE ROLL, PLEASE. >> MEMBER BOYD.

>> YES. >> MEMBER BYRD. >> YES.

>> MEMBER CROW. >> YES. >> MEMBER SHULTS.

>> YES. >> CHAPMAN. >> YES.

VICE CHAIR KRESSE. >> YES. >> CHAIR KAUFMAN?

>> YES. >> COULD YOU MAKE SURE JEREMIAH OR SOMEONE FROM ADVANCED OR WASTE MANAGEMENT ALSO PROVIDES WHAT THE COST IS TO MR. PALMISANO.

I DON'T THINK THE CITY SHOULD JUST HAVE ADVANCE DISPOSAL GIVE THEM THREE TOTES.

>> MAKE SURE THAT IT'S EQUIVALENT -- >> OR LESS.

>> LESS. >> JUST SO HE UNDERSTANDS BEFORE HE GETS THE NEXT BILL WHAT IT'S

GOING TO BE. >> THAT'S FAIR. GOOD POINT.

>> WOULD YOU BE OPEN TO ME COMING AND VISITING YOU AND HAVING A CONVERSATION?

>> GO THERE AND CALL FROM YOUR CELL. >> ALL RIGHT.

WE'RE GOOD. >> ALL RIGHT. >> YOU AND I WILL GET TOGETHER,

OKAY? OKAY. >> OTHER THING, ANDY, WE DON'T MAKE THE CODES. WE'RE NOT ALLOWED TO CHANGE EM. RIGHT?

>> THANK YOU. >> IF YOU WANT TO CHANGE THE CODES, GO TO CITY COUNCIL.

[00:35:03]

>> NOR DO I. I JUST ENFORCE THEM. >> I UNDERSTAND THAT.

>> OKAY. >> THANK YOU. >> THANK YOU, ANDY.

>> THANK YOU FOR SHOWING UP. NEXT MEETING COULD SOMEBODY JUST REPORT BACK?

>> YES. >> IF I DON'T GET A RESPONSE TOMORROW, THERE'S NOTHING TO

BRING FORWARD. >> IF THEY DON'T GET BACK TO YOU IN TIME, LET ME KNOW.

>> THE NAME OF THE NEW COMPANY IS WASTE MANAGEMENT. >> WASTE MANAGEMENT BROUGHT

ADVANCED DISPOSAL. >> THEY DO THINGS VERY DIFFERENTLY.

THERE MAY BE -- BECAUSE THEY HAVE COMPANIES -- THEIR COMPANIES ARE EVERYWHERE.

THEY HAVE, I'M SURE, OTHER SITUATIONS LIKE OUR DOWNTOWN IN OTHER PLACE, SO THEY MAY HAVE

SOME SOLUTIONS THAT WE HAVE NOT BEEN ABLE TO COME UP WITH YET. >> THAT'S MY POINT.

THEY MIGHT HAVE SOMETHING. THEY MIGHT HAVE SOMETHING. >> THEY'RE GOING TO HAVE TO CHANGE EQUIPMENT, TOO, IF THEY DO THAT. OKAY.

THANK YOU. >> THANK YOU. UNDER BOARD BUSINESS, WE HAVE

[Items 5 & 6]

DISCUSSION ABOUT THE THOMPSON HOUSE, I BELIEVE. >> CAN WE PUT THAT BACK UP?

I WANTED TO ZOOM IN. >> THIS ONE? >> THE OTHER ONE.

>> CAN WE ZOOM IN ON WHO EVER THAT IS? >> NO.

>> REMINE ME WHICH ONE THE THOMPSON HOUSE IS. >> OLD LOU LOU'S.

THE NEW OWNERS KNEW AS OF, WHAT, A YEAR AGO, TWO YEARS, WERE WORK ON IT HOT AND HEAVY AND THEN JUST STOPPED. THE CASE CAME BEFORE YOU, OH, IT'S BEEN SEVERAL MONTHS NOW BECAUSE NOTHING HAD BEEN DONE. SO THERE'S ALREADY BEEN A LIEN THAT'S BEEN FILED.

BUT AT LEAST THE OUTSIDE NOTHING IS HAPPENING. IT'S DETERIORATING.

IT HAS BEEN, I DON'T KNOW IF IT WAS BROUGHT TO THE ATTENTION OF HDC OR HDC MEMBERS SAID, WHAT'S GOING ON WITH THIS. SO I HAD APPEARED AND TALKED TO THEM ABOUT IT.

AND I HAD ALREADY -- WE HAD ALREADY BEEN TALKING IN CODE ENFORCEMENT AND LEGAL ABOUT FORECLOSURE, FORECLOSING ON THE PROPERTY. JUST SO THAT THE CITY COULD MAYBE GET IT AND GIVE SOMEBODY TO BUY IT THAT WOULD DO SOMETHING WITH IT.

WITH THAT SAID, I WOULD NEED TO BE AN ORDER FOR YOU FOR MISS BOTT SO SHE CAN GO BEFORE THE

COMMISSION AND GET PERMISSION. >> THAT'S BEEN ENTIRELY GUTTED AND TAKEN AWAY.

I AM TOLD BY RELIABLE SOURCES THAT PARTS OF THE INTERIOR HAVE BEEN REMOVED.

>> OF THE HOUSE OR RESTAURANT? >> THE OTHER BONA FIDE RULE IS OF THE THREE PEOPLE, LAST

REMAINING PERSON WAS RESPONSIBLE HAS DISAPPEARED. >> I NEED YOU TO GIVE ME AN ORDER FOR FORECLOSURE. THEN I WILL DO RESEARCH ON THE TITLE, SEE WHAT THE MORTGAGE IS.

>> CAN WE ORDER IT OR JUST ASK YOU TO LOOK INTO IT? WE CAN'T ORDER IT WITHOUT THEM

GETTING A NOTICE, CAN WE? >> STATUTES FOR CODE ENFORCEMENT BOARD SAY YOU HAVE TO AUTHORIZE

IT. >> PROCEED WITH WHATEVER IS NECESSARY TO FORECLOSE.

[00:40:02]

SOMEBODY MADE THAT MOTION. >> OKAY. SO WE DON'T HAVE TO GIVE THEM NOTICE IF WE'RE GOING TO TALK ABOUT SOMETHING THAT SERIOUS TONIGHT.

THAT'S IRONIC. >> THEY'RE GONNA GET NOTICE. >> WE'VE ALREADY ORDERED IT.

WE ARE PRETTY POWERFUL. >> DON'T YOU FORGET IT. >> IF WE PUT IT ON THE AGENDA, THEY WOULDN'T HAVE GOTTEN A NOTICE EITHER. THEY WOULD HAVE HAD TO LOOK AT OUR AGENDA. IT' NOT LIKE MICHELLE SENDS A NOTICE WHEN WE HAVE NEW

BUSINESS. SHE'S NOT REQUIRED TO. >> IT WOULD HAVE BEEN ONE OF THE

ITEMS, HER ASKING US TO FIND IT. >> NOTICE OF HEARING. >> YEAH.

>> I'M OKAY. IT'S JUST A BIG THING TO ORDER WITHOUT GIVING THEM NOTICE.

BUT IF YOU DON'T HAVE TO. >> THE GOOD NEWS WOULD BE IF SOMEBODY SHOWED UP AND

CHALLENGED THAT. >> RIGHT. >> I WOULD LOVE TO SEE THEM.

>> AS A PRACTICAL MATTER. SO THE MOTION SOMEONE WILL MAKE IS TO AUTHORIZE MISS BOTT TO

FORECLOSE ON WHAT IS FORMERLY KNOWN AS THE THOMPSON HOUSE. >> REMEMBER, THIS IS IN THE HISTORIC DISTRICT. ALL OF THIS STUFF, HDC IS GOING TO BE AWARE OF IT.

THIS IS A LITTLE BIT DIFFERENT THAN I THINK PROBABLY OTHERS BECAUSE WE'RE ABOUT TO LOSE, IT'S NOT FAR BEFORE WE LOSE IT, A GREAT HISTORIC RESOURCE. IT'S IN THE PUBLIC WELFARE FOR US TO DO SOMETHING. WE CAN'T JUST LET IT SIT THERE AND ROT.

NOT TO MENTION THE PROXIMITY TO OTHER PLACES. I'M SURE THERE'S VERMIN AND

EVERYTHING ELSE. >> OWNERS OF RECORD -- >> WOULD SOMEONE LIKE TO MAKE A

MOTION TO AUTHORIZE HER TO PROCEED. >> I AUTHORIZE THE CITY ATTORNEY

TO PROCEED WITH -- >> ANY STEPS NECESSARY. >> THAT'S THE ADDRESS.

>> I HAVE TO ASK THE CITY COMMISSION IF I CAN SPEND MY BUDGET THAT WAY, SO THERE WILL

BE OTHER THING BUS THIS IS THE FIRST STEP. >> IS THERE A SECOND?

>> I'LL SECOND. >> DO WE NEED TO PUT AN ADDRESS IN THERE OR SOMETHING?

>> I'M SORRY. >> WE CAN STILL SEE IT. >> CAN I SEE THAT?

>> OH YEAH. >> CATARACTS. >> OKAY.

MOTION AND SECOND. CLERK PLEASE CALL THE ROLL. >> MEMBER CHAPMAN.

>> YES. >> MEMBER BOYD. >> YES.

>> MEMBER BYRD. >> YES. >> MEMBER CROW.

>> YES. >> MEMBER SHULTS. >> YES.

>> VICE CHAIR KRESSE STKPHRP ? >> YES. >> CHAIR KAUFMAN?

>> YES. >> ANY OTHER BUSINESS? OTHER THAN THE FACT WE NEED SOME

ALTER ALTERNATES. >> ANDY?

HE KNOWS ALL ABOUT IT. >> I'D LIKE TO PUT ON THE RECORD THANK YOU MICHELLE FOR FINDING A

SOLUTION TO OUR CASE TODAY. >> I'M TRYING. >> YOU'RE WELCOME.

>> IT WOULD HAVE BEEN BETTER IF YOU FOUND IT BEFORE 5:30, BUT WE APPRECIATE IT.

>> NO GOOD DEED GOES UNPUNISHED. >> THIS CASE WAS GOING TO HAVE TO COME BEFORE YOU.

>> I IMAGINE WE'RE GOING TO GET A LOT OF CASES. >> YEAH.

IT'S GONNA TAKE US A WHILE TO DO THAT AUDIT. >> TEN YEARS.

>> NO, NO. PROBABLY THE REST OF THE MONTH. >> ANY OTHER BUSINESS?

I'LL ENTERTAIN A MOTION TO ADJOURN. >> MOTION TO ADJOURN.

>> SECOND. >> ALL IN FAVOR. >> THIRD.

>> AYE.



* This transcript was compiled from uncorrected Closed Captioning.