good afternoon everyone it is 4:31 p.m.  we at Cape Canaveral city council special   meeting at the city hall council chambers at  100 pulk Avenue in Cape canaval Florida we   have an agenda before us tonight it's  May 7th 20124 and I call this meeting   to order council member Jackson  would you please lead us in the pledge I pledge of aliance to the  flag of the United States of America   and to the Republic for which it stands one nation  under God indivisible with liy and justice for all thank you city clerk please call the  role council member Davis here council   member Jackson here mayor protim Kellum  here mayor Morrison here council member Willis thank you all for being  here Council City staff and those   from the public and community and those of  you who are participating online um at this   time Council approval of the agenda as written  I believe is we have one item there's no changes   looking for a motion to adopt as written I'll  make a motion we adopt I'll second okay got a   motion by mayor P Tim Kellum second by council  member Willis any further discussion City Clerk council member Davis council member Jackson   four mayor protim Kellum for mayor  Morrison for council member Willis for okay thank you very much approval  or I'm sorry the public participation   portion of the meeting again those of you I  do have one card up here uh Miss Peg schaer   if you're ready you can go ahead and come  forward anyone else that intends to speak   please uh we ask that you complete a card and  uh bring it here to our deputy and make we'll   make sure you're heard and for those of you  listening online uh please raise your hand Miss schaer as weev about code enforcement has been um  on the threat category under um the SWAT analysis   and I I felt threatened as a new business owner  there's no doubt um I've met with Todd several   times and I am comfortable that he has gone  through uh the questions that I had and he   has asked his staff the answer to these questions  um he he is aware and and I've made it clear that   um that doesn't change my opinion of the actions  that have happened they're just my opinion but   I've also stated the facts of what have happened  and then I know that there's like my side his   side the truth and the facts are the facts you  guys will be able to see them the interpretation   of the facts are different but I do uh appreciate  Todd going one by one asking the questions getting   the answers and it's okay that we disagree um I'm  just thankful that he took the time to do it um   the the big picture is is that we get this right  as a city because you cannot retain business and   you cannot attract new business if there is an  issue that deceit or corruption or retaliation   could possibly um be in in play so I'm grateful  I'm glad that we're taking this time to do it and   thank you Todd for going uh through these items  one by one and getting the answers that you did   um if possible would like to possibly speak at  the end of the meeting I'd like to know if that's possible I do not have a problem  Council any issue yes I'll make   sure that the public has an opportunity at  the end just yeah thank you so much you're welcome okay if anyone else intended to speak  I do not have your card please raise your hand yes please miss vadin please come forward  to the m those who are listening at home on the record and you can do that at the end if it's  convenient somebody had brought to my attention   about there's some kind of ordinance going on  about buildings that aren in non-c compliance   you know I don't come that much anymore  when I used to come Mr Morgan was still   here and I believe he said that we were like  82% noncompliance in our city and what he and   I know I was trying to look for the amendment was  either in 2010 or 2011 any building that had any   say issues like a fire remember fire being one of  them they did not have to follow the new codes and   the reason I was at the meeting I'm like what  what what what what and uh you know they own   property in Cape canaval and um we had to give  some of our property back for the sand transfer   program and he said he said Mrs s Domin it's  not you you would fall on this umbrella because   it wouldn't be necessarily being compliance and  not being compliance but this rule is to protect   anybody in the city that has a building that  had some kind of Destruction due to Hurricane   or fire and uh they would have to meet the codes  that were there when it was built they could   not take down the building to meet the codes um  this was brought to me late Saturday I think so um I didn't know how we stood in the city with who  was working who wasn't working and I didn't want   to walk in and have someone not be able to get me  to the proper files but if that I if someone could   just reread the amendment that you're speaking of  but I want someone to look into to that because   and I know Jim Morgan was uh spearheaded it and I  believe he died in 2011 so it had to be in 11 or   10 that we discussed this and it was passed so can  I have the amendment read again so it could like   help me figure out should which side of the fence  I should be on here all right thank you thank you want to address that um city manager are you  familiar with the what Miss vadom is talking about   vaguely there's there's been some amendments  to our non-conforming section of the code um   I think the best thing to do would be for um Mrs  vadam to meet with David dicki just review the   current code as far as non-conformities and then  you can look for any uh ordinances that Revis   this section uh relating to structures and then  provide them to her just give her a copy of those ordinances Miss vamy I know it's if you are  going to respond and you want it to be heard   we do need you to come back to the podium and  and I want to make sure Council were okay with   thank you very much yes please so I'm not again  I don't know if I'm speaking out of ter because   I don't know I didn't read the amendment as you  s I just walked in um but I know that there was   a fire it was a Friday night it was a Friday  Fest and I know the building Quest that Ellie   ma is in had a fire so if undo Leverage is being  against that fire I said wait a minute there's a   lore on the we changed this and I know it was  Jim Moran and um you know I couldn't call Buzz   because he's not here anymore can't talk to Rocky  because I don't think he'll remember so um I just   before we rush into something that's going to  cause a lawsuit um let's just take a look at   um I don't know if it's been revised again  but if it had been revised again I would   have hoped that the people that were not  in that the 82% of the city that's not in   compliance would have gotten notification that  that was going to be taken back after they   gave it to us and um it's just a real  question thank you okay thank you yes council member Willis did you want to speak no  I just I I don't think it's gerain to uh Miss   sher's issue at this point so um it is something  we should be looking at and U Mr Dicky and uh Mr   Morley and I have discussed it in the past and we  were also going to be looking at it again um to   make sure that we were solid on our code for those  things uh but I don't think it it at this point is   something that we would even be considering  with Miss Sher since that structure was not destroyed thank you okay councel any other comments uh  that's it for public participation just   to be sure anybody else hadd like  to speak please raise your hand or   come forward seeing none for those of you  online Vinnie please raise your hand seeing none No Hands raised we will go ahead enclose  public participation portion of the meeting   bring it back to the council item for discussion  tonight is to receive the city manager report   of findings regarding the community and economic  development department roles responsibilities and   actions for properties located on Filmore Avenue  and Jackson Avenue update I think uh it would be   wise for us to allow the city manager to I think  give an introduction as a way of understanding   this uh meeting was scheduled at our last regular  or I'm sorry the last special council meeting um   and the we broke it up I mean the topic is  community and economic development but we   broke it up with Jackson Avenue first and then  we went in I'm sorry Filmore Avenue first and   then we went into Jackson Avenue and it really  came from the January uh 24th meeting special   meeting at the beginning of the year where  10 items came out of that and um we have been   monitoring it along uh as as we made progress this  was another uh uh Testament of progress our city   manager worked on I would say related to going  back to the meeting um item number five which   was city manager and City attorney present any  findings Andor opportunities in a report to be   distributed to the city council on ways the  city can improve our community development   department and number that was for Filmore Avenue  really related to the building department and   permitting side and uh the same at least was the  intention but number five for Jackson is worded a   little differently it's present any findings  Andor opportunities to be distributed to the   city council on ways the city can improve our  community Development Department as it relates   to code enforcement so it was really important  that the City attorney have an opportunity to   weigh in um to help address the issues I think  that miss vadin is Raising um and uh certainly   Miss schaer and all the families impacted around  in Filmore as well and so if we could uh just   remember we have two issues I think our city  manager took them one by one as an investig   one and in investigation two um I believe we all  received this report yesterday uh evening that's   when I and so uh late uh I think maybe after 5 or  6:00 p.m around around that time and uh obviously   we haven't had full 24 hours yet but we've done  I've done at least my best to get through it   and before uh going over to our city manager  Council I don't know if you've been able to   spend some time certainly understand if you  haven't but I've dug in I certainly want to   read some more My Hope was today is that we can  listen ask questions and continue um that until   our next meeting so with that um does that  sound okay let our city manager go through   the two uh starting with Filmore Avenue um and  I just wanted to make the connection that this   is called findings well why are we doing findings  the specific actions number five for both of them   uh which does speak of recommendations but uh  the recommendations are forthcoming based on uh   findings and city manager correct me if I'm wrong  I believe this is from you and our City attorney   is has has not had a chance to go through and  provide yeah I I can't speak to whether or not   Anthony's reviewed the findings at length um I  know that he did receive them he was sent them   yesterday I don't know if you had a chance to go  through them I've done a cursery review of them but understood so today city manager we are all  in the same I think position as our City attorney   sure if there's not anything else we can go ahead  and let him begin good thank you city manager   thank you mayor thank you Council um this was  quite a labor to get through this uh it required   several different lenses to get to the bottom of  things and several different revisits on on topics   to get down to things what I'm presenting here is  findings based on where I was specifically looking   which is to say there may be areas that are  tangentially related to some of these things that   I did not go down that hole discover so I don't  want to say this is a be all end all this is the   only thing we're ever going to look at and weeks  from now may uncover more things years from now   may uncover more things this is just a snapshot  of where this investig these two investigations   uh led me so I wrote down everything here and the  most objective way possible I'm going to kind of   read through the report as it's presented uh I'll  probably skip through some things and please feel   free to interrupt if there's any questions we  can stop we can take a break uh I don't have   any um preconceived request of the council after  presenting these findings um because Council may   find there there's gaps that we need to get filled  and look at it again or you might say wow you've   covered everything let's proceed to The Next Step  which would be recommendations and that would be   a future meeting uh I think we're all going to  see recommendations are very evident in a lot   of these when you read it that it's pretty obvious  what the recommendations going to be but we didn't   state it because we want to keep it just to the  the findings this is what actually happened so   starting at the top um as mayor said it's there's  two investigations one is about the certificates   of occupancy issued uh for without and complete  site development work on Filmore and perceptions   of collective selective code enforcement related  reled to property on Jackson um the goal of the   report is to combine what happened with why it  happened in an unbiased objective manner as I said   before it does not include recommendations which  will be forthcoming uh it's laid out generally   chronologically to M to maintain the reports focus  on the larger picture of actions and reasons for   those actions a great deal of information has been  sign significantly condensed so that's why some   timeline entries are going to be grouped in months  with General summ reactions and others are going   to be referenced by specific dates when those  dates are helpful to have so investigation one   is about the CO's certificat of occupancy issued  for 304 306 314 and 316 Filmore and what I did is   I there there's four findings we're going to see  in this item and all four of them I moved them up   front so we can just start with that we're going  to start with the ending and then we're going to   go back through and see how we got there finding  number one city code section 110-2 23 B2 requires   site plans to be submitted to the city engineer  building and code enforcement department Fire   Marshall and Public Works Services Department the  building and code enforcement department was not   forwarded the site plan submittal so they never  reviewed it note the building and code enforcement   department no longer exists as a single department  but that's not a reason to exclude them from site   plan review this is one example of a needed code  update finding number two is that the C OS were   issued without an affidavit from the engineer of  record the reason for that there's two building   official was unaware of city code section 110- 221  which required an engineered site plan for four or   more residential units and therefore an engineer  of record number two the building official was   unaware that the noted section of the certificate  of occupancy application was intended to be used   to reinforce city code section 110221 so those two  things right there Were Meant to capture this and   require an engineer record to sign off the site  before the cosos were issued the the unawareness   of these of this code and how the seal was to be  seal application was to be used is what caused the   engineer of record to not be requested to sign off  before the seals were issued finding number three   the building official did not timely received the  city engineer's email regarding the incomplete   retention system that was in email the day before  and the cosos were issued without the building   officials awareness of the issue and finding  finally finding number four verbal approvals   were relied on from the former city engineer and  the former public works Services director so those   are the findings now let's go back and rebuild how  we got to those we start with the investigation   timeline about the site plan the site plan was um  approved on December 9th 2020 for the four units   Villas Filmore email records indicate the site  plan submitt was forwarded to the city engineer   the Fire Marshall and Public Works service  department however the submittal was not forwarded   to the building and code enforcement department  for review and comment so that is how we got to   finding number one moving on accordingly there was  no site plan review and comment from the building   official the site plan included an engineered plan  which included an engineered storm water drainage   system so we have two notes about this The Plan  called for the inst a of a new storm water inlet   in the area between the driveways of 306 and 314  not in the driveways and that new Inlet would then   connect to an old existing storm water inlet  in the approved plans the location of the old   existing storm water inlet which would have been  located in the driveway of 306 was to be covered   with a concrete lid to accommodate the completion  of the driveway without a storm water inlet in the   driveway that's the way it was supposed to be  in the approv plans note two the plan did not   indicate the existence of the FPL pole and the  handhole which would be in the location of the   drainage soil and we're going to talk about that  some more too next we have a table that simply   shows the permitting and ownership transfer dates  we've got the four addresses their permit numbers   the dates the permits were issued the dates of  final inspection the dates of Co and the date   of sale for each one next section is about the  storm water system designed deviation during the   construction of the site the owner at the time he  was interchangeably referred to as the developer   met with the former public works Services director  and requested a modification to the approved   stormw water drainage plan notably to redirect  the outfall of the system to the old existing   stormwater Inlet which would be in the driveway  of 306 Filmore the former public works service's   director verbally approved the request and no  documentation was submitted reviewed or approved   it was simply a verbal approval then we move  into issuance of cos's August 5th the former city   engineer provided a memo to the staff indicating  that he had completed an inspection and noted   certain site improvements were not in compliance  with the approved storm water system design and   that he needed additional information 11 days  later or 12 days later it was either August   16th or 17th the former city engineer performed a  site inspection at 314 and 316 Filmore and on the   August 16th or 17th the former city engineer  provided verbal confirmation to the building   official that the site work was acceptable for  all four units 304 306 314 and 316 we have no   documentation of this this was a statement made  by the building official that he received verbal   approval from the former city engineer August  17th 2022 having passed all in inspections as   well as receiving the former city engineer's  verbal approval the building official issued   the cosos for 314 and 316 Filmore fast forward to  October 5th the former city engineer conducted a   site inspection at 306 Filmore and this was at the  request of the pending owner Hurst and provided   a memo to cned staff indicating the detention  system had not been constructed properly note   the building official did not initiate the  former city engineers uh inspection and was   not anticipating a coming Memo from the former  city engineer at the time next day October 6 the   building official issued the cosos for 304 and 306  Filmore and he was relying on the previous verbal   approval from the former city engineer which he  said was acceptable for all four units these are   the statements of the building official October  7th the building official received the former   city Engineers October 5th 22 email regarding  the improper constructed detention system so at   this point the horse the horse is out of the  barn all four CEOs are issued and now he has   documentation that there was a problem with the  detention system the next day subsequent to that   the building official the former city engineer  and the cned director discussed the former city   Engineers October 5th email and they elected  to pursue an after theact compliance for the   corrective action needed for the detention system  and we're going to talk about how the code uh   refers to that as well continuing timeline during  the months from October 22 from February to   February 23 uh various site meetings and inspected  inspections were conducted among and between cned   staff the former city engineer and the developer  correspondence was forwarded among the new owners   the developer cned staff the engineer of record  Allen engineering mayor Morrison and city manager   Morley that's me the developer began attempts to  resolve the outstanding issues to the construction   of the storm water system Sy this was now an  after theact effort and unsuccessful attempts   at correcting the Swale were undertaken by the  developer note the location of the FPL pole and   handhole were in the were in the designated Swale  area at this time the Swale was constructed with a   jog or a bump out around the pole and the handhole  this was not shown in the approved engineer   drawing additionally some work had been performed  to move the location of the sale at 314 and 16   the developer was instructed by cned director that  if this reconfiguration of the Swale would indeed   Remain the city would require this reconfiguration  to be evaluated and approved by the engineer of   record and then reflected in the ad his Adil as  built docs the developer indicated he would cause   the improvements to be made with the oversight of  the E the developer contacted the E and requested   he assist by placing appropriately marked stakes  in the sale to guide the corrective action   moving on to the month of March of 23 the stakes  were placed by the engineer of record uh and then   the mayor city manager and C director visited the  site at this time it was noted that the FP poll   and handhole should not be there as all utilities  serving the new development are required to be   placed underground then in the months between  April 23 and January 24 the developer realizing   he needed to have the FPL work done prior to  completing the storm water work was instructed   to cont FPL staff worked with the developer and  FPL to request the removal of the pole and the   undergrounding of the utilities FPL made two  attempts to perform the necessary work both   unsuccessful January 19th 2024 city manager spoke  with FPL external Affairs manager in an attempt   to prioritize the necessary utility work January  23rd to the developer corresponded with cned staff   reaffirming his intention to complete the drainage  soil work and the next page January 24th this was   just prior to the council meeting that was to be  held that evening city manager held a meeting with   the building official and the CN cned director and  we reviewed the co applications for the properties   a particular section of the co application was  discussed in this section it states Engineers or   Architects statement that the site construction  is in accordance with the approved site plan and   that all construction has been in compliance  with applicable codes next to this statement   is a blank space a line and that underneath it is  for the building official to put the date that the   engineer's record engineer record statement is  received under this section is a clarifying note   the above requirements pertain to multif family  over three units and all commercial projects it   was explained that the intent of the form is to  ensure that the building official receives the   engineer of Records approval statement by noting  the date that the E sub adits documentation that   the site had been constructed in compliance with  the approved engineered site plan I just want to   add that that seal application is the same seal  application that was there when I was building   official in the early 2000s it's unchanged  it's the same form so I'm very familiar with it the building official was questioned as a what  as to why he wrote per John parar in the blank for   the date he responded that this was his typical  procedure for single family resident cosos it   was discussed that there was an engineer of record  for the project Allen engineering the question was   asked why not request the E statement the building  official responded he did not know why there was a   need for an e because these were single family  residences he was directed to the city code   section 110- 221 which provides the following  and this is just a copy and a paste section   110221 is called submitt in review required in  section A it says under this chapter site plan   subm mittle and staff review shall be required for  all development and Redevelopment projects except   single family two family or three family dwelling  units or alterations theto and minor commercial   improvements and it adds further site plan submitt  and planning and zoning Board review is required   for the following the first is new commercial  buildings or structures and the second is new   residential structures with four or more dwelling  units building official at that time stated he   was unaware of city code section 110- 221 which  required an engineered site plan for four or more   residential units and the building official stated  he was unaware that the noted section of the co   application was intended to be used to reinforce  this section of city code then we had the January   24th city council meeting uh we discussed this  item Council reached consensus on several key   actions toward a resolution as recorded in the  minutes of note the new city engineer Kim Le horn   Associates was tasked with evaluating the current  status and making recommendations to ensure city   codes related to site development are followed  January 25th the following day we held a meeting   in my office between Mr bz who's the contractor  Mr whiten who's the owner developer the mayor   I'm sorry the former owner and developer the mayor  the cned department director and the city manager   steps toward completion were communicated to all  parties um on January 30th FPL Crews installed the   underground electrical service in April of 2024  the building official submitted his resignation   letter in a subsequent discussion with the city  manager and Department director he restated his   position that he viewed four units as single  family residences and thereby not requiring   a site plan and engineered common storm storm  water drainage system or an engineer of record   when when again question about the language of  city code 110221 the building official provided   the following the four units are viewed from  the perspective of the Florida building code   as single family residences and were permitted as  such he said the four units were infill lots in   a long-established subdivision and not subject  to site plan related code requirements and he   stated single family residences only require  the city Engineers approval prior to issuing   a CO when questioned as to what his understanding  of city code section 110- 221 where it references   new residential structures with former dwelling  units building official stated he interprets this   to mean new residential structures with four or  more attached dwelling units meaning Under One Roof a note city code section 110-121 provides  that issuance of a CO shall not be construed as   an approval of a violation of the previous of  the provisions of the city code or any other   applicable law so this SE section of code uh  supports and after the fact completion of the   site work which is still ongoing next note I  want to point out is city code section 110-91   provides that use Arrangement Construction  and design at variance with those authorized   by the plan specifications intended uses and  applications shall be deemed a violation of   this chapter and shall authorize the building  official to revoke or suspend any previously   issued building permits or c or pursue any  other remedy necessary to carry out his or   her duties under the chapter under this chapter  and other applicable law my comment on that is   that the building official stated that he  W he understood that he had the authority   to suspend or revoke the cosos but because the  units were now occupied and the developer and   the contractor indicated their desire to cause the  needed work to be completed the building official   did not exercise this option so that leads me to  finding number two the cosos were issued without   an affidavit from the e because the building  official was unaware of city code section   110221 which required the engineered site plan  and therefore an e and the second part of that   the building official was unaware that the noted  section of the co application was intended to be   used to reinforce that same code section that's  the reason the cosos were issued um the building   official did not finding number three the  building official did not timely receive the   city engineer email regarding the incomplete ret  retention system and the cosos were issued without   the building officials awareness of the issue  and finally number finding number four verbal   approvals were relied on from the former city  engineer and the former public works Services   director mayor that's what happened in this case  that's what got us to where we are thank you very   much Council if today we can capture questions  um maybe some we can get answered are there any   uh on these are uh so this is Filmore where at  50:6 p.m. there's four findings for Filmore um   Jackson Avenue has estimated 10 maybe to 12 yeah  okay and so I think I would like to go through   with with the council one the four um and and see  if there's any questions at this time and knowing   we've got Jackson coming with more um we'll try to  manage time appropriately so Council any general   questions or specific to the findings let's start  with number one Mr Mayor yes mayor protim yeah I   have a few questions um so it it states that the  um the building official didn't know or didn't   understand the code um it seems to me like he just  interpreted it different than it should have been   or it could have been um and then my why did he I  mean if if it comes out where he's interpreting it   different from the engineer what happens where's  the process for that I mean it's it's not like   he didn't know about it he just to me it seems  like he interpreted it different and I I have   the letter from the um the assistant building  official and he stated the same thing that um   calling these structures multif family dwellings  versus town home has created a false impression   that a drainage plan was required town homes  are considered single family and single family   residents are exempt from these requirements of a  drainage plan and then also going through this um   kimley and horn in their um report called it two  duplex buildings containing four dwelling units   so structure to me is one building so there's two  buildings with two units in each of them so how   is that four or more um dwelling units under the  same Roof then I think that that would kick in I   mean I'm asking to try to understand this um and  then my next question is on August 5th 2022 the   engineer um city engineer did an inspection and  noted that certain site improvements were were   not in compliance with the approved storm water  drainage system so from that time to um August   17th when the co was given for 314 316 mayor P  Tim are you on page two on the table help our city   clerk who I think is helping us thank you very  much so it's says that he didn't timely get the   email from August 5th to August 17th he didn't get  an email it that was referring to the October 5th   email okay so then that the um so on August 5th  when he said um you know there's a problem with   the system the drain storm water it applied to  the whole building I mean what I don't understand   why it wasn't timely when it was from August 5th  to October 6th for the second occupancy the same   problem was there in the whole site except that  on August 16th or 17th there's an entry a bullet   point that says the former city engineer provided  verbal confirmation to the building official that   the site work was acceptable for all four  units so what changed from the 5th to the 16th this week we received uh an email from  Mr whak that I believe talks about that and   I don't have that in front of me right here  but what I recall he said in that email was   that they had constructed the Swale and then  FPL came in to install underground lines and   in so doing they messed it all up um and  that he was trying to work with fpnl to   fix it and it and it did not get fixed  prop properly um so that would explain   why between August 5th and August 16th the  city engineer went out there at some point   and said it was good because that's when  that work must have taken place and then   subsequent to August 16th or 17th must  be when FPL went out there and dug it all up okay so then just going back to if the  building official interpreted the code wrong um is there a procedure that happens if  there's a disagreement between what the code says   and what the bu building official um thinks yeah  and to begin with um when I met with the building   official on January 24th his statement on that day  was that he was unaware of that code section so   there wasn't an interpretation issue he he studied  that he was unaware of it the interpretation issue   Came Upon the building official submitting his  resignation letter at that time the some months   had passed from January to April he um evidently  had some time to review this code section and he   now indicated that he doesn't think that it is  being a interpreted appropriately and that's   could it be that I mean I'm again just asking  when the former city engineer he said it was   okay because the building official said  we really don't need that because it's   not you know what I'm saying like no he the  building official told the engineer that they   don't even need a drainage plan so why is  it important just give him the CEO I mean   I don't know that the building official told  the former city engineer that we don't need a   drainage plan um he may or may not have said that  to him but when it what the building official was   saying is when it comes to single family homes his  routine was he just wanted this the city engineer   to sign off and that was good enough and that  was being kind of blind to the fact that hey this   project received a site plan there's an engineered  site plan with a common drainage facility for all   four it's kind of being blind to that to say NOP  we're just going to require the city engineer for   each one so there's the same exact um contractor  is building houses same thing on Jefferson do they   have a the water storm water that it's two  buildings that occupany that's not the sub   of this report of findings but we can talk  about that mayor if you like well I'm just asking and is your question uh the procedures  followed for this development on Jefferson Avenue   how are they different right I I I'm okay okay um  it's relevant I know that um City attorney has um   talked to the department director about that he  talked to me briefly about it and and I would   just soon turn it over to the City Attorney  At this point to talk about the difference   between Filmore and Jefferson in the development  that's happening there why they're why they're different Miss F Nomine is there a point  of order information I will open up public comments okay you want to speak I'd like to give the  council the chance to to all finish speaking if uh I'd like to let finish if it can wait  we'll certainly make sure your your questions heard thank you City attorney um I've talked to I talked to the city manager  I've spoken to Community Development and I've   read or understand you the basic facts here in  my view there's a major distinction between What   hap what's happening on Jefferson and Phil Moore  Phil Moore was ploted as a townhouse project for   townhouse lots and is subject to declarations and  restrictions and Covenants as a unified project   so there were clearly four residential units being  constructed at the same time while they may be in   two different buildings two units two residential  units per building they're they're a unified   project and that's the way the staff um in my  opinion rightfully reviewed it as four residential   dwelling units um Don Jefferson on the other hand  if you recall um that property was zon commercial   the the property owner at the time when it came  into the City and reson the property I believe the   R2 which is um allows for detached single family  homes as well as duplexes that property owner at   the time ploted three lots um without any any um  building plans that were you know fully developed   and presented to the staff so when that plat was  approved there were three individual lots that   could be used for either detach single family  homes because they were adequate size or they   could be used for a duplex consistent with R2  zoning and um they don't have declarations and   Covenants um they were not being developed as a  unified hole um the properties have since been   the lots have been conveyed to multiple owners who  have the option to either do detach single family   homes or or a duplex two of the property owners  my understanding is currently sought building   permits coincidentally right around the same time  using the the same developer but those property   owners are constructing uh duplexes there's a  third lot that's undeveloped my understanding   is at least the last time I talked to staff maybe  two weeks ago there weren't any building permits   submitted so that could either be a det attach  single family home or a duplex depending on what   the property owner wants to do with the property  so I mean I think there're a little bit of apples   and oranges um between Filmore and Jefferson  in my view um the type of project and then it   goes to the provision that that the staff or the  manager laid out in the report which talks about   when there are was it three or four more units  they have to go through the the site plan process so is there a code for this this townhouse like  you're saying in the commercial how is there a   code in our ordinances that talks about this that  I could read there's a Code there's a site plan   section of the code that talks about um when  a site plan is is required and then then there   was a platting process and um coun considers  you know plats when they're submitted um and   some some may be tow houses some may not be um  it's property owner's prerogative when they when   they submit the plat application how they want  to subdivide the property By plot okay thank you here per Tim Kellum thank you uh just  do you have any more I want to summarize   the one you asked if you have more please keep  going no I don't I don't think so I I just um   wanted to understand you know the difference  between August 5th when the engineer went out   there and said it wasn't right and then August  17th the time I'm just confused about that but   um no I'm good thank you okay yes City attorney  yeah the the manager reminded me you know when   you look at the distinction between Jefferson and  Filmore when when when Filmore was was platted and   declarations and Covenants were um put together  it was all done with a common common drainage uh   system for that townhouse project on the other  hand on Jefferson their three lots there there   were aren't any declarations or covenants with  a common dream drainage plan okay now under the   code and I think the just by way of example  remember the council there was there's an   infill house going on in being constructed in  um in haror Heights right and we were talking   about the elevation of the house and so forth  individual lots are subject to a onesie type   um storm Order review by the staff to ensure  that that individual lot and think Engineers   that can correct me contain the uh storm water  for that particular development on one lot so   while there may not be a common drainage facility  um on the three Jefferson Lots each of those lots   must have adquate storm water system for that  lot that cover the storm water issue thank you   so mayor per Tim the cour question on August 5th  uh related to the bottom of page two right where   our um exactly where it's showing on the screen  in front of us you're to uh was it August 7th or   or what was the date you're asking about from it  said that he did not timely get the email and I'm   wondering the engineer sent it on the 5th and the  occupancy wasn't until occupancy um of August yes   was on the 6th of October there was the first  two were August and then the second two were October so if I could help recap August 5th the  city engineer said there's a problem sometime   between August 5th and August 16th or 17th  the problem was fixed according to the email   from the developer on August 5th and I know you  said but I he provided a memo it wasn't a verbal   and you're saying the next Point August 16th  and 17th sometime between the memo of August   5th and August 16th or 17th the developer is  indicated in an email that we received this   week that corrective that the the storm  water Swale was constructed properly and you're saying October 6 now are  you on the next page right so   August 5th engineer says there's  a problem the Swale work gets done correctly where's that that's in the email from  that I said we got this week from the developer   what he what he's trying to do is piece together  the rest of the story for us that that I didn't   have access to the email came from the developer  this week it was Council was copied on it well I think okay I'm F yes I have that  letter yeah so what he's what he's   trying to say if I understand his  intention correctly is after August   th they had this will constructed properly  that is why on August 16th or 17th former   city engineer provided verbal confirmation to  the building official that the site work was acceptable so the so on August 17th two of  the four cosos get issued based on that verbal   approval and then some happened according to the  developer with FPL doing workoutside in the back   to install lines that messed up part of that  Swale system presumably through the West End   the West two units but he only issued cosos  according to this at the very bottom of page   two for 314 and 316 in August yes in August right  so August 16 so that basically that same day when   he performed a phys physical site inspection  at 314 and 316 he did not perform one at 306 the the building official statement and  the bullet above that is that the engineer   provided verbal confirmation to him that  the site work was acceptable for all four units the memo on August 5th is pertaining to 306  and I just want to capture mayor PM's question is right it it's related to 306 largely so I  mean it would make sense if he approved the   other ones but I think 306 and  304 at least still haven't got cosos are we saying that his inspection  on the 16th and the 17th was related to   no it says it's not related to 306  right on the the one bullet point   that's the first one the second one  up from the bottom says August 16th   or 17th former city engineer provided verbal  confirmation to the building official site   work was acceptable for all four units but he  didn't inspect it that day how could he say   you see what I'm saying the bullet above it says  on the 16th and 17th the city engineer performed   a site inspection at 314 and 316 yes and and then  the next day he provides verbal confirmation that   the work was acceptable how could it not be I  mean for where he did not expect this is the   statement this is the statement of the building  official the building official said that he   approved all four units verbally even though the  bullet above says he only inspected 314 and 316   he says the the verbal confirmation he got from  the city engineer were the all four units were good Mr Mayor yes council member Willis so  city manager you're basically just stating   in here that he just didn't acknowledge that  he uh inspected 304 and 306 he just went on   the assumption that all four were ready to go  all I can go off of is I've got a document that   says he performed an aight inspection on 314  and 316 and I've had a statement that he said   all four units are good to to go okay so you're  just relating to us the information available to   me his claims his comments yes sir you have a  document stating what was the document related   to 314 and 316 yes that the former city engineer  performed a site inspection there where is that document I have the August 5th  letter that was in bsna it does   not specify it specifies Villas  at Filmore doesn't I don't see any addresses and it's talking about the  detention the this is a part of what   kimley and Horn I think looked at as well  and he lists five issues he's talking about   at large are you is there a document for  August 16 or or for 314 and 316 related   to those I may have misspoke when I said  there's a document that could have been   the building official's statement to me Dave  can you Pro provide any Clarity there so the   the last written document was the August 5th  letter okay so then it must have been the   building official statement I I stand corrected  mayor okay so on a August 5th he provided the memo I'm not even going to just it's five  it's a letter and on the six so that letter   was sitting there this is I think mayor  Pro Jim's question with the issues the   five issues 10 days later he goes out to the  site does the inspection but there's nothing   written that the city has ever received from  his in inspection correct but it's specific   that the inspection was to 314 and 316 how do  we know that these are statements the building   official made the building official told is  telling us that on August 16th and 17th the   engineer performed a site inspection for those  two addresses and then that that same day he says   all looks good on all the addresses okay but  the issues that were brought up prior were   related to 306 a lot of them so I think mayim's  question I share is the issues related to 306   he put in writing he goes out and inspects  but we don't ever receive any closure on 306 verbally uh and if he did did he provide  verbal confirmation without an inspection   according to our building official it sounds  like we don't know we just so our building   official say and he received for those two  addresses mayor it may help I think if we try   to connect these dots August 17th is when the  cosos were issued for 314 and 316 it would   make sense that the building official would  request the former city engineer perform a   sight inspection on the day before for  314 and6 because they were nearing Co   okay that's why he was sent out there to look  at 314 and 316 that makes sense yeah that's   exactly what happened okay so while he's  there evidently the city engineer looks at   all four units and says hey not only are 314  and 316 good to go but 304 and 306 are as well okay and then on a October 5th August  September a couple months later why is there   a sight inspection being conducted at 306  that was at the request of a pending owner   um I believe that pending owner was aware  that something had changed in the backyard   and things were no longer right so that owner  with that concerned contacted the city engineer   unbeknownst to the building official and  requested the city engineer come out and   take a look at it city engineer went out took a  look at it and said yeah there this is this is a   problem and he sends an email to the building  official and other members of Staff saying   hey there's a problem out there he sends a memo a  written the second memo yeah via email right well   and it was uh yeah I think it's the October 5th  and so if he requested inspections if he initiated   the inspection so that he could issue the co  for the two addresses I would assume he would   initiate for 306 but in this case in 304 he did  not it was from the property owner but how would   he what I guess it's it's does it make sense why  he would have not just went ahead and issued all   four cosos at that time that's because the inside  of the buildings probably weren't done for the   other two at this time that's correct but he uh  despite the external issues in the memo the month   prior from August you're saying that okay so the  building official said says that the August 5th   letter did was verbally stated to be corrected by  the the the engineer by the 16th or 17th of August yes and he did not issue a building while  engineering the our city engineer was satisfied   we're saying there were internal issues is that  what he said or what we're assuming there would   be a reason why the Builder didn't ask  for cosos on 304 and 306 until October   6th I don't know what that reason was but  probably having to do with something other   than the site there sometimes houses get done  inside maybe the painting is done or the trim   work is being done wouldn't that be in the  notes though from any issues from the other inspections how would we know there were things  not finished the Builder can call for a SE   anytime he wants but he's not going to call  for it unless he has achieved an approved final   inspection so why did why had he not achieved  an approved final inspection until October 6th   I I don't know okay you know perhaps he's only got  so many subcontractors that can only work so fast   they got these two units done first and they got  these two un units done second okay thank you I am um I think that's a that's one that  I that question may for Tim asked I   I I agree does it make sense to me and  this is as the building official has stated mayor ptim you had brought about  the duplex four units why are we calling   it four our City attorney I think gave a  the verbal explanation to that August and is that it for now for you thank you thank you  Council a question yes council member Jackson   try to make sure I'm understanding this correctly  so as I look at the asilt and the the occurrences   dates and all of this I'm trying to understand  when you're look standing looking at the property   I know 306 is there on the left and there's a  grass area in between it in the next unit I'm   not sure what unit number that next unit is 34 314  thank you um and on 314 it was approved but we had   swell issues because SW the swell was corrected  at that time anyway so I'm trying to understand   that piece of it because that was one of the ones  that they worked on the swell and it was actually   further back on the units in the unit's yard  closer to where it should have originally been   than 306 so I'm trying to understand just like  you all were talking about with 306 and the other   one I know there were some other window issues  and some things like that I believe that were corrected but Todd I mean have um city manager  have you any insight on that piece of it I   recall that the owners the excuse me the owners  of 314 and 316 had requested I believe that the   sale be pushed a little further north at  some point and I I believe that was done   okay and I'm not exactly when that was done not  sure when that was done but I think the the thing   that the building official is focusing me on  is on August 16th or 17th the city engineer was   satisfied that all of the retention looked good  okay and then he he kept that fact in his mind as   he started issuing the first two cosos and then  two months later the second two cosos that was   still in his mind but we know that something had  to have happened in those that period of time that   messed things up and that's what I'm trying to  determine because um from the developer's letter   you know he's saying well let me ask first the we  know that the swell was in the original approval   of the site plan right okay and we know whose  responsibility ultimately is coordinating that   pole removal because he does mention in his letter  that the pole was there before they bought the   property but the code at the time was for all  facilities to be underground correct yes okay   and so that right there kicks off a problem with  the the swell because of the existing power line   locations and the Hand hole is at the base of  the pole that extends into the sale too okay so   that also is something how did that get missed by  us to where we weren't looking or were we let me   ask this were we looking and trying to advise  the Builder this is going to have to be moved   is that something that we should do well my best  guess on that I I I have had that same question I   looked back to the preow inspection and the preow  inspection is an inspection that is done when the   house is ready to be energized all the switches  and receptacles and cover plates are in place the   meter can looks really good and the inspector is  called out to do a preow inspection and he does   that um I'm not sure of the dates of it but they  were before this and he proves that and when you   approve the preow inspection the building official  then goes and uh sends a message to fpl they're   ready for meter and hookup energize them so at  that time it's very likely the pole was the old   pole was there but the Swale was constructed  properly on or around that time and then and   it looks good CD engineer looks at it says it  looks good and then some days or weeks later   FPL shows up to energize those homes they bring  in new overhead lines from this pole to that   pole they come down this pole they have to add a  hand hole to get it underground and that builds   it out into the sale and kind of messes up the  sale and then they start digging all the lines   to run them underground to the houses from  there which explains why the sailes would   have been messed up by that work right so I  guess my question is how we would um prevent it getting to that late stage of the game  and us becoming aware that the facilities   aren't underground that's why an  engineer of record statement that   the site was built in compliance should  have been required before the cosos were issued okay thank you that was one of  my questions because um yes the Swale   could be messed up while you're burying you  know infrastructure like that and you know I   want to make sure that as we go forward  with projects in this city that we have   a handle on that prior to that point because  that costs everyone it can also delay a move   in for a resident that's looking wanting to  get their occupancy permits and and this just   goes ties right in hand in hand with that  there's this common drainage facility for   all four units and the fact that the building  official can say a site plan is not required   is is hard to understand because that's one of  the elements of the site plan requirement is   an engineer drainage system and that's why not  having that engineer certification at the time   of Co that this unit is 100% good to go and  electrical power would have been that's the   way it should have been done but instead there  was no engineer of record final certification   it was a city engineer giving a verbal approval  that all four are good to go on a certain day   and maybe they were on a certain date but that's  before they were energized then they get energized   and now things get muddied up and messed up and  he's just remembering that verbal approval fast   forward two more months to October he still  got that in his head and he issues the cosos   for those two after they get powered up without  going and looking and seeing there's a problem out back okay and then another question I had was in  regards to the email that they didn't receive or   they received to late um in bsnf or whatever  systems we have currently are there ways to   trigger this so that you I mean that seems like  a systems issue that needs to be addressed if   some if we're having to rely manually on making  sure the right information is passed along to   the correct officials and there are systems that  you know systems can usually sometimes help with   those things there's there's definitely going  to be a lot of recommendations that come out of   this but one of the first things that's the the  stronger recommendation in my opinion is the co   application has to be used as it's intended  to be used which is you have to have this   engineer certification before you even consider  issuing the co if you have that document you're   looking for it you're going to be scouring your  emails looking for that document just so you can   process the co so this was more human error  yes and and and lack of understanding of how   the form was intended to be used do we have a  copy of that form um there's not one here today   but there's hundreds thousands of them in laser  fish do we have the the the form we can get that   form is this the same form that was marked um it  was used but it wasn't used under the intent I   think that you talked about is that it's the  co application form it wasn't used as it was   intended there's a blank there the building  official is supposed to write the date that   this the engineer of record certification was  received put the date in there and there's a   clarifying note under underneath that that says  hey you only have to do this when it's a new   commercial project or three or more than three  residential units it's a clarifying note it makes   it very clear what that whole section is about  it's it's the top third of the back page of the co application build out by the applicant no the  the building officials they need is the one who   writes in the date that he received the engineer  of record certification he's the one supposed to   write that date in there because this is the  building officials tool that we're not missing   anything before we issue the co so this is an  internal form that City we use y yep there's   several things on that um the the first page has  got you know the address the permit number all   that stuff and then it's got us a line for the  the Fire Marshall to sign off if if appropriate   uh you flip over on the back side and here's this  engineer statement right in the date right in the   date you receive it that section and underneath  that is a lot of check marks for you know was um   the sidewalks done Plumbing final B billing  final mechanical final uh hydrant service   approved by fire department there's a lot of  little checks in there the building official   goes through and at the end if if the building  official is satisfied that everything is met   on the front page he signs it at the bottom  that it's all complete and then that gets   handed to the administrative assistant  who actually prepares the certificate of occupancy do we have a date for when the Swale  will actually be completed I mean the last time   I went out it was still kind of off kilter and  and FPL was on the way or no FPL had just been   there yeah I think fpl's done now um although  there's a question I think it was raised at   the last council meeting about the location  of their lines and the depth of their lines   which we've we've relayed that to fpnl that  hey you know what do we do about this concern   if there's a concern how do we deal with that  as far as the Swale work being done the the   developer and the contractor were instructed that  whatever work you're going to get done out there   needs to be by a permit and will issue a permit  and whatever that permit drawing is needs to be   in an engineered drawing that will be submitted to  our city engineer for review and then we'll issue   the permit so they're trying to get that drawing  when asked why they don't want to just use the   original drawing because we would still use the  original drawing they said they want to see if   they can get it approved with some changes from  the approved drawing so the inlet was supposed   to be 24 the box and then now it's 12 or something  something like that there's some changes that they   want to see if they can get incorporated into  this revised document what we said was whatever   revised document you submit it's going to have to  be reviewed by kimley horn to make sure it meets   our code so they're trying to get that revised  document okay and so the one of the changes is   the size of that drawing in the middle between the  two units it's going to have to be addressed by   the for the code for Code Compliance right and I'm  not sure what are you sure I'll I'll go back and   look but I'm wondering what kimly horn recommended  or if they just noted the original size you noted   the deviation from the plan okay um I don't know  if they said anything more than that Lexi do you recall council member are you referring to the  yard drain located between the two structures   MH uh so they did not make a comment on whether or  not it would need to be sized up that 15in minimum   is typical for what's considered subdivisions um  so what was put in there was a 12 in they would   have to do basically a larger storm water model  and Analysis to figure out if a larger drain is   needed for there so right now their recommendation  is they don't have a recommendation to size it up   at this time they're more um the recommendations  are more about the swes and the cross sections   in the area and that aligning with what Todd was  explaining um with building it uh like reworking   that site to accommodate what was initially  approved okay and that's kimmerly Horn's Rec   so yeah they they noted that you know the so what  was initially proposed in the design plans as well   as what was in the as builts was 12 in so from  the beginning the city engineer approved a 12inch   drain as opposed to a 15inch to make that clear  it wasn't a deviation from proposed to built it   was a deviation from typically what was in the  code um but from the beginning it was proposed   to be 12 in and it was installed as 12 in okay  that's very good to know thank you um also um   what about the drain location at the street is  that one of the changes are trying to get they   provided two recommendations for that um potential  but again this is all dependent on on kind of how   the the site plan um amendments flush out either  maintaining the current location and raising that   the elevation of the inlet that's there now the  current location being in the the driveway ride   of way or to relocate it back to the designed  location in the design plans um and modifying   that existing structure so they there's two  recommendations there if if that um concern   is to be addressed okay so um I'm repeating to  make sure I have it because I'm writing slow um so put it back to the original design or raise  the drain okay yeah Council made um an additional   statement mayor if I could repeat it please  Council said we prefer the location to be in   the space between the I'm going to call it the  the mailbox area um if possible it would be the   approved but if it can't be please explain why  it can't be if there's some difficult thing to   overcome and making it go there let us know but  that's the preferred location so the council came   up with that at the last meeting I believe  so that's been relay to uh the developer as   well that's correct okay um and just trying to  get an idea when I'm trying to get an idea of   when we can look at Ford motion on getting  this resolved but I know we're waiting for   them to file permits am I correct and they're  waiting on engineering it's it's one permit   um with one engineered document that we're  waiting for and the ball's in their Court   I'm not sure exactly what difficulties  they're encountering but we're keeping   the updates coming out to council um  once or twice a week at this point okay thank you thank you uh council  member Davis council member Willis comments let's do this I got a few comments we're  right at I think an hour let's take at least five   minutes 10 minutes break I think we can try to  conclude any questions to move on and then we can   shift over to Jackson Avenue and we can so that we  ensure we get through all of it um so let's try to reconvene 6 o'clock quick 5 seven  minute break okay good see you back then e e e e e e e e e e e e e e sec e e we'll get started here in just a minute okay Council we ready to go okay it is 6:03 p.m. we are call the meeting  back to order uh we are on the first half   call it of the uh findings report provided by  our city manager we just had a chance to hear him   provide them go through we've got some initial  questions I think we're working through really   want to make sure any questions that we don't have  a clear answer on today we try to communicate uh   and that may be none at this point and between  now and the next council meeting we'll have more   time I think to to address uh it is a longer  report and so um I think we got a chance to go   through the council at this time there was none I  do have a few council member Willis no okay uh so the if I underst council member Jackson's question   about the Swale in the timing of the preow  request the swell for my understanding is was not finished when FPL came in and I  think we had pictures and emails coming over   from the property owners showing this that that  wasn't the case I want to make sure I understood   and are we saying the sale well I'm trying  to piece things together with the with the   developers email from this week but the only  thing that I can really stand on that I can   say firmly as our building official has stood  by his statement that on August 16th or SE 17th   the city engineer provided verbal communication  that all site work was acceptable for all four units being an honorable man I take him at his word okay so the were the swailes complete prior  to fpl coming in or were the swes incomplete   the email from Mr whak would indicate that  the swailes were complete or at least near   complete um certainly in a better condition  um and then when FPL came along subsequent   to that they were put in a poor condition  by FPL but did our I understand Mr in our   timelines that we were not involved in that  I know we're talking about with the developer   sent over or at the time I assumed the  property owner y um but our building inspector did not know all we had was what Mr  I mean did we I guess I'm confused on why we're   depending on Mr Whit's letter I'm not I'm relying  on the building official statement that's the only   one I can put my sink my teeth into which is that  the swailes were completed yeah all site work was   acceptable for all four units but the utilities  were still in the air instead of underground   so actually I I think what was in the air was  not even for these I think that the I think I   think I was wrong when I said that was a new poll  because I've seen some other pictures and I think   that poll was there before so I I would agree with  the building officials Asser assertion on that I   would also agree that there were lines coming to  that poll but those certainly were not lines that   tended for four brand new town homes because that  poll has the Transformer on it so four service   drops have to come from that Transformer those  were not there were not four service drops going   across to that pole there was some other line  up there for some other reason some former use   I don't know but the FPL would had no reason to  do four service drops many years ago to that poll   so the poll was there with some unknown utility  lines over over connecting it and then when we   said all new lines are required to be Underground  that's true whether it's new or redeveloping but   certainly there were new lines brought in  at that point those new lines all had to be underground those lines from that pole that  existed prior to each individual meter had   to be underground and I think those always  have been underground there there's two poles   there's one at the very northwest corner of the  property okay and that's where the Transformer is   and then there's a secondary poll kind of in the  middle between Lots two and three the pole was   there some overhead utility line was connecting  those two poles don't know what that was for but   there were not four separate service drops coming  off of this transformer for four new homes there   would not have been there was no reason for that  to be those four new service drops were done as   a result of this new development those four new  service drops needed to be completely underground   from the point of the Transformer and that's where  they are now that it's been fixed it's done right   now that part of it's done right the Transformer  is the one on the northwest corner what's the pole   that existed it was just car it was carrying some  utility line I I have a guess um the condominium   that's to the north there's a concrete pad there  m my guess is maybe there was a building on that   pad at one point that maybe was served by that  pole at some point the building's gone but maybe   the lines just remained as an artifact but they  ran their lines from that underground where the   hand hole was not only that they ran new lines  from the Transformer to that secondary pole and   then from that secondary pole down underground  to a hand hole and there from there to the house   so that part of underground that's always been  underground they don't run for o overhead lines   to each one of the dwelling units right yeah  yeah but it had they had to redo them because   now they're going to take this pole out they're  going back to the Transformer now no I understand   that I'm think I'm saying that when they when they  put those lines in from that secondary pole that   we're calling it those lines were underground yeah  from my understanding the Swale was not complete   at that point from all the records going back  to the emails they went underground and it the   backyard was flat at that point the photographs  getting the emails showed it and so when we talked   about having that Swale done and then FPL comes  in not at that stage from from my understanding   and that's something that Mr whak or Mr Bas is  going to have to clarify because I don't have that   information I wasn't there at the time and I don't  know that the building official was there at the   time which is why I keep relying on the the city  engineer said all four were good on August 16th   or 17th because none of that matters if the city  engineer said they're all good on August 16th or 17th but we don't have any evidence of that  correct just the verbal statement of the   building official but not have we asked the city  engineer did you ask because it's according to   building officials verbal he didn't provide any evidence  that no I don't know if you could you   know that's that's verbal but  does the city engineer say I   gave verbal approval I haven't asked  him that but what's evident is he he   didn't give written approval because  if he had it would have been in that record but he did provide written concern on  August 15 August 5th and do and did did he   ever provide written approval after the concern  so his letters address so he'll put in writing   the issue and then when they're resolved they're  verbal yep that's one of my findings that should   that's that that is not we have not spoke to Mr  parar about that Lexi do you have any information   on that point I don't um and I don't I don't  want to speak for for d without knowing uh if   and when he's reached out to Mr parar in the  past I haven't been privy to it if that's the case I just need to stay up here um yes  I have spoken to Mr car Marc about this   exact issue and requested in uh if he  put anything in writing and he didn't   recall he was going to go through his  documents this conversation probably   occurred about six weeks ago um I have not  seen anything from that nor have I followed   up with Mr parar but the building official has  maintain that it was a verbal approval that is correct okay so we we have the building official  stating that it was provided verbally has the   city engineer are we aware of any other instances  where the city engineer provided verbal approval   for things Mr German building officials  indicated that that was a um as as did Mr   parar he stated this to me that that  was a um that was a practice that he   and the building official um exercised on a  semi-regular basis for single family residences yeah okay there was photograph s that were I  believe sent throughout the process from the he   family you know showing the realities similar to  we've seen on on on Jackson Avenue and the from my   understanding is they came in they did underground  from that second poll and then they came in   and dug the sale and that's when a lot of the  questions came about how deep are those lines and   so the timing of that we can pause I think that's  one we might want to capture as clarifying and it   would be good to know um if we can obtain anything  from Mr parar uh to confirm because I don't want   to apply uh if Mr parar says no I I don't that  isn't practice we don't do that or or he we had a   misunderstanding um that to me that we're going to  work on we don't need to fix the problem because   if he if he says that he always provides it in  writing think we is it Council consensus then that   we get a statement from Mr Brar about whether or  not he can confirm that it was a verbal approval   in this case I think that would help us or help me  certainly you got that also I think to the mayor's   question is in addition to have Mr parar either  confirm or deny that this was a practice that he   and the building official relied on was verbal  approvals am I correct mayor yeah I think that that's that would be good yes and so  the two points whether this one was   verbal and second point is whether they  was typically verbal and ultimately while   those are practices I really want to  understand you know what does our code   tell us and I think under this site plan  the city Engineers role is provided in our code I would imagine in this section under city  engineer supposed to be reviewing the site plan   for the code yep and any submitt revisions yeah  all that the city for site plans the city engineer   is in a review and approve mode but for single  family he's in an inspect and approv mode and   does our code talk about the format in which the  city engineer provides approvals no does it say   in writing because in their defense if it doesn't  I I think would be okay it it doesn't talk about   it from the inspection standpoint from but from  the plan review Point believe there's there's   words in there about shall be submitted to the  director comment shall be submitted to and I   I have always taken that as written and I think  you've always gotten them as written yes correct   I would I would agree with that so I think an  opportunity mayor is and as Anthony said he's   been working on this section already tighten  up that inspection part of it in the code as well yes and just knowing what  applicable code governed this   process here that's I think a big part of of the tasks yeah when when I came on board as building  official in 20022 2003 that existing seal   application is the same as it was then and in in  part of my coming in and learning the ropes of   the job you know the staff was there to tell me  this is what this means this is how this form is   to be used you make sure you get this engineer  certification that before you issue a CO so to   me that was like week one kind of stuff that  I got from the staff but that was a it was a   longstanding staff at that time who had been  there who had been doing this for years prior   to me being there um by the time Mike German  became building official there was nobody left   in that department that had those years of  experience um so he he inherited this form   without any training about how it's used without  any understanding about 110 221 requiring a site   plan and how this form ties into that so  that that lack of knowledge I understand   how that happened there's there's institutional  knowledge that wasn't passed down and the code   doesn't specifically tie the site plan to the  co application so there's The Perfect Storm   setting conditions right there now we're aware  of it now we can make recommendations and fix it thank you so 110221 that's the start  of it did the the city form the long that   we had used I would assume came from 110 to 21  doesn't specifically say that but yeah it ties   into 221 yeah so those requirements to have  things signed is that a for is that stated in   the form or is that in our code it's in the  form do we know if it's in the code as well   I've never seen it in the code I've looked for  it and I haven't found it there's very little   in the code about the processes of Co application  there's the requirement for a CEO there definitely   you have to have a COO but it doesn't talk  about this and I've looked specifically for it thank you um okay so here we go just  review procedures 110 223 section B the   site plan shall be submitted by the Planning  and Development Department to the following   Department directors for their review and comment  just like we said city engineer or registered   Engineers so that was that site plan did go  to the engineer however it did not go to the   next one which is building and code enforcement  department correct the Fire Marshall received   it yes it says that the Planning and Development  Department submits it but isn't building and well   no isn't that the same Department they're  under the same um Fund in the budget doesn't   the org chart though all under It's all  under Community Economic Development and so how can a department who sends something is  this saying that the department I don't understand   how the department can't receive their own so this site plan was never sent to  building and code enforcement corre in the   beginning correct so they were pursuing this  project with four single families how is it   usually sent emailed yes what happens is when we  get an application and this was if to recall this   was pre bsna mhm um so what generally happens is  we'll get a um an electronic copy of a site plan   approval and our um EA will farm that out to the  various review departments um and she monitors   that um to make sure that we get comments back  from those various review entities um She'll   follow up with them and then we'll take the  comments the plan who's ever working on the   case will take those comments and and prepare  a staff report that goes to the Planning and   Zoning Board that is the board that's responsible  for approving site plans in this case I went back   and looked at the email that was sent out um  and it did it was sent to everybody except the   building official and code enforcement yeah and  code enforcement did not go to code enforcement   thank you and who ultimately approves the site  plan um it goes to the planning and zoning board   for a recommendation and then I am responsible as  the community development director for I'll call   an administrative approval of site plans which  as a as an can I make an editorial comment real   quick I do not like doing um I think that's one  of the things that I'm working with Anthony on   right now um is an ordinance change is to get me  out of that approval process that needs to either   go to the city council or somebody else that  should not be handled administratively and so   we're we're we're we're working on that right  now but currently I ultimately approve that administratively what so you're talking  through site plan 110 223 upon the receipt   of the Planning and Zoning board's recommendation   the city manager or design shall make a  final decision on the application so I don't I don't think it has to be you I  think it actually says the city manager   first yeah it was written that way so  that it could be the department director   yeah that's why the code was written that way  yeah so it could be could be but he doesn't   want that and so what I'm saying is is if if  if I could designate someone else or have it   be me I think Anthony and I have talked  about that and I think the concerns are   any any level of administrative approval for  site plan is is concerning but I agree the the   code before that mayor said the Planning and  Zoning Board had final approval on site plans what is the code before that was the code  before it said Planning and Zoning was the   final stop the board was the final stop  they they had the approval Authority and   then they changed that it was yep it was  recommended and the council changed it   that changes to what it is today that I don't  think that's been in the last five years has it my recollection is that occurred  um when Mr Green was the city manager   and was his uh I think his suggestion at the time  I think that that was be I think that was before I   was here part part of that reason was he that's  what I recall I just remember the Planning and   Zoning Board having final Authority and then  it it switched Planning and Zoning Board and   um I mean I I think it I think it should be  a board and a public hearing process I agree   staff is fully aware of my opinion on that  so we are work reworking that section of the   code and my recommendation is going to be that  it go to a board at a public hearing not not   be done administratively now in the small small  matters that's a different different story bigger   site plan should be should added in public yes  okay thank you yes I think trying to follow our   policy today talking about ways to  improve is is good my other questions is so the D as a d director the role of the director in the site  planning we're saying is to take that out now   and we're going to rely heavily on the council  no or or go back to an older at very at the   very least go back to the way it used to be but  there may be other options as well that that will   remove administrative final approval that's  our goal get away from administrative final approval okay so the um something was not forwarded  I think we talked about that uh the finding to um I'm just going through yes council member Jackson um on 10 110  222 the requirement and review criteria now I've   dealt with larger cities so this may be something  we just simply don't do but I see nowhere in this   code where we would Define a utility easement  and most site plans do have an utility easement   defined so that the Builder would know you know  during the the site plan process where that   utility easan is typically Florida Florida Power  and Light or Spectrum would be the ones that would   help Define that entrance onto the property um and  I don't see that am I missing something I think   the plat certainly would what are you're saying  it where in the code does it yes I mean we've   got landscape that we want to see on that site  map and this is under 110 221 submitt review and   submitt and review required um it talks about the  size of dwellings and density it talks about size   height feet all of these things um but you know  to me that site plan should include the utility   easements so that there's no question whatsoever  moving forward where the entrance facilities would   be for the utilities it's a it's an engineering  issue um the site plan code does require engineer   engineering data and part of that data is all of  the utilities um street lights Etc drainage so in   conjunction with an engineered site plan that's  required to be submitted to the city for review   by staff and the city engineer it has to lay out  the utilities so how they the engineers of record   design that I mean it varies as you probably are  aware like all over the place so they design it it   gets reviewed by staff if it's if it's acceptable  that's when okay your water and sewer utilities   are being proposed here in this location then  there needs to be um you know required easements   and they get a match up the engineering on a plat  right they you guys will match the engineering   with the plat and and and you'll start seeing on  the plat all the all the easements okay so that   comes in when the engineering dock is completed  when the engineering data comes in with all the   engineered utilities and drainage you know it it  it's required that you know that if they're going   to be public or private ements that are required  that's part of the review process depending on   how the engineers present their proposed plan  okay and I see now under two um topographic   survey including the following and this might  uh be where it's included City attorney is   under 2C lot lines and dimensions of all setback  structures and easements okay thank you I just   in the section below that three engineering data  including the following okay perfect I wanted to   make sure because we mentioned you know sewage  and other things Water and Sewer but we didn't   really pull that out but that's fine if that  easements in there thank you yep thank you so   yes on finding number one I I think that as I'm  giving some feedback it says that on the bottom   of page one there summary of findings for number  one on the that the code uh the building and   code enforcement department was not forwarded the  the site plan they did not receive the site plan um now this is this is then it says building  a code no longer exists as a single Department   however there's a reason to exclude these  departments from the site when there   no reason to exclude them right this is an  example of needed so we're saying that the   reason they were excluded or we're saying it  just I'm saying even that's not a good excuse   okay and this is an example of a needed city  code update I I I don't know why the code needs   to be updated because it references building  and code enforcement as one department and   they're not one department but that's not not  the reason they didn't send it I just put it   in there because it was it's a note okay I don't  want to lose track of this I think that the way   it reads today though it's clear that clear  enough that it should have gone to building   and code enforcement okay so there wasn't there's  not a a code issue from what I see and understand   that wasn't a a hindrance here it's just a note  for myself that I don't want to lose track of   and this is a public hearing item right the  site plan and and we're all um okay the co application was intended to use to reinforce  city code 110221 that Co application has not   been provided today is that we can what  I understand that application that would   be one is you you want to see the  application for these properties   or just a blank one I'd like to see  the ones for these Council consensus mayor I okay the council any concern with see in  the site plan checklist it's the the co   co application okay I have no concern over it  but we the whole report M the city manager is   going to be bringing back recommendations  on all the different changes all the code   changes all the process changes all the  document changes that are that are going   to prevent us from having this issue again if  we're going to discuss them all tonight we'll   we'll probably be here till tomorrow night but  uh I think we should let him finish the report   and we can delve into at a later date how he is  resolving all these issues give him that benefit thank you okay and then uh building official  training did I know I asked about code but it   sounds like when he took over he was not provided  the training that he needed that's my belief okay but there's also a a job description at play here  the job description requires the building official to administer the Florida building code all  applicable technical codes and city code so   it was a matter of the job description yeah  and I think so he was trained sufficiently   or I'm I'm saying I I don't think he was but  he was still responsible for it absolutely I think understanding who is responsible within our   city or chart for ensuring the building  official is trained is really important and the third um finding three on the email  uh did not receive the email regarding the   incomplete retention did not timely receive  the email do we uh we know it was the October   5th and then the next day Sixth and I think the  report said they received it on the seventh okay um and then the last finding  four is the verbal approve um yeah I think things it really doesn't exist  if it's not in writing I mean I think we have   to take that position right and I wanted  to see in our code it sounds like it it   doesn't specify um and so that's that's  what I have for those and I'm sure we'll   have more but yes thank you on Filmore  Avenue I got some public comment cards   here I want to just pause for Jackson to make  sure they have a chance uh Miss vadin are you   still here I am still I wanted to see if you  wanted to speak you submitted another card I believe do you need a full three minutes or  okay thank you my concern was my concern on   was as a res my concern was who was going  to all right now there's a problem city's   been made aware of the problem for whatever  reason the city official approved it um has   nothing to do with anybody sitting here  somebody didn't do his job thankfully   he's left and hopefully we have a better  person in that position um my concern is   who's going to pay for this are we paying for  this this wires and the FL of power coming in   or is the I don't think the homeowner should  pay for it because he they have a CEO saying   everything's okay and my concern is who is paying  for this next lap to be fixed mhm it sounds like   it was a city problem it was gener ated by a  city official not doing their job properly okay   and I just want everybody to be aware of that if  somebody in the city approves something you're a   government agency you're saying this is done this  is okay and when it comes across all of your desks   from planning and zoning and they say blah blah  blah blah blah blah and you all sit up there and   say I approve I approve I approve you are relying  on those City officials to be doing their job and   you're approving what you presume them to be doing  correctly okay me a resident who's lived here 30   plus years and our 1.9 square miles have seen  many many things that if you have an engineer   no one the city engineer probably never even  came to the site because the engineer is doing   everything and it sounds like that's what happened  here if you have an engineer the engineer is going   to sign off saying everything is good somebody  from the city calls the engineer they meet at   the site is everything that we have in here that  you that the engineer wrote is it completed the   engineer tells our engineer yes it's completed  they shake hands they sign off it goes over   used to go over the planning and zoning and moves  forward I don't know how you can fix that and   people are people they're going to take the path  of lease resistance if an engineer is doing it I   don't have to do it and so I just think this is  something that probably shouldn't have happened   and the engineer when he went there said it was  okay but obviously it wasn't okay thank you but   you have to be careful because who's really  liable for this now thank you Miss Shannon Roberts um first of all I'd like to commend  you all for looking at an internal process   Improvement opportunity I guess is the way  I look at it and um just in observing as a   member of the public I just wanted to suggest uh  that the city consider a process that we use at   the federal level call Process ma mapping and it  keeps it from becoming you know a situation like   the city has at least helps anyway to avoid what's  happened with this particular situation and what   it involves you all talked about the process you  know what's involved what steps are involved who   the players that are involved the time elements  of the process involved and it also talks about   the approval level which to me is very good that  you all talk about that because as a member of   the city I resident I just think that some of the  approval levels too low um particularly when it   impacts the whole of the city that it should be  elevated and in my opinion should go back to what   we used to do at Council which was to improve pnz  would approve recommend and then the council would   approve of some of these site plans and some of  the major developments in the city you know which   we've talked about before we also have at Federal  level we call it an Avo avoid verbal which to me   I'm just hearing what may have happened with good  intentions because the people here are all great   have got good hearts and are very capable but  sometimes when we rely on verbal it it sometimes   can cause confusion or the step being missed and  my observation listening to what's happened here   is that that may have happened in this case  because the people are not bad and you we do   great hiring here and this would have potentially  avoided some confusion and it would have also been   clear having the process map which is just a  one page it just has you know just a process   of triangles that makes it real clear visually  what you're doing with any particular process   the city has and in this case it could have  possibly in mapping that you know prove yet   and then you have the people and the steps and  the timing and the elements like fbl you know   which was mentioned you know those are things  that when you have this one picture visual   learning is so helpful it avoids a million  words you know and that's just a suggested   process the city might consider but so I would  recommend avoid verbal I would recommend the   approval levels for decision making be Revisited  particularly for site plans because the city gets   in my opinion the res get surprised by some  of these developments and if this council is   looking at it then we will be assured that  we know about it um and then and then the   process mapping is a suggested best practice  and youa it it's always kept current it's a   living document so as as the process changes you  know those changes can be made so thank you thank you okay um that was all I had for  public comment cards and if anyone   from the audience since we open it up we  want to extend that I do see one um hand   raised uh if we're capable to unmute I think  I can handle that here if your hand is raised   and you intend to raise it please keep it  up uh otherwise take it down Mr Campbell   if you can hear us I'm going to go ahead  and unmute you and give me just a moment can you hear me okay yes sir loud and clear  okay I'm get a little bit of feedback uh first   I just want to say I wholeheartedly agree  with Miss Roberts um recommendation on on   process mapping uh I would spread it out even  process blow charts swim and metrics all to   be be put in place uh and then the other two  things I want to ask about just so I can get   my head wrapped around what I'm reading here um  from what I understand the the units were built   uh not according to the approved plan and one  of the methods were one of the activities that   could have occurred uh when it was uncovered  that they were not build in accordance with   plan is the co and building permits could be  revoked did that did that ever happen did any   did was anything pulled back revoked or turned  off and my second question I heard that um I   Heard the words that Florida building code and  they were built to some and maybe I'm wrong on   this built as a single family residence  that's how they're treated and from what   I understand on the definition s these are  really duplexes because they share common   wall uh so can somebody clarify single family  residents versus duplexes for me that's what I had thank you Mr Campbell that conclude  your comments yes it does thank you thank you okay and I don't see I do not see any other  uh hands raised and so with that we'll go ahead   and close public comment back it's Mr Pat Campbell  I assume that for the record that's captured um   the first question on a co could be revoked uh  was that done my understanding is no the uh the   report did talk about that um on page um five M it  says note city code section 110- 91 kind of in the   middle of the page there says that um that's to  okay shall be deemed a violation shall authorize   building official to revoke or suspend any  previously issued building permits or Co or pursue   any other local remedy necessary and italics  underneath that that's addressed and I I wrote   the building official stated that he understood he  had the authority to suspend or revoke the cosos   but because the units were now occupied and the  developer and contractor indicated their desire   to cause the needed work to be completed the  building official did not exercise this option   and the report also states that the building  official did choose to exercise an after theact compliance because of the willingness of the parties the developer and the contractor are the  parties not the homeowners though developer and   the contractor and to this day um the developer  and the contractor have remained with willing   to cause the needed corrections as an after the  fact compliance issue and I think is the second   question was uh the treated on the single  the difference between single family home   and a duplex it all has to do with the property  lines um a duplex is two units within one piece   of property so a imagine a rectangle that's  one piece of property and it's got two units   on there there's there's a firewall between  them for sure and and the code only requires   1our firewall separation in that case  in the case of town homes it requires   a 2hour separation and there's a property line  underneath that firewall so two town home units   that are attached will have a property line going  right down the middle of them and there's a 2hour   firewall right there on that line that's the  difference um so I understand Mr Campbell is   asking for the difference between single family  and duplex single family obviously is just just   one single family unit on a piece of property  that's not the case here um in terms well that   was the building officials interpretation  that was that these are single families   because the town homes under the Florida  building code are defined as single family residences but with the city code there's a  property line a 2hour firewall Town Homes the   floor a building code addresses the construction  of them as single family residences and I think   that's led to the building officials  interpretation that these were single   families and therefore only needing the city  Engineers approval at the end but when you when   you layer in the city code side of it these  are four units this is a site plan you can   call them single family you can call them Town  Homes regardless there's a site plan there's an   engineer of record there's a common drainage  facility you need that engineer of Records   final certificate so there's four units on  Filmore yes how many units are on Jefferson   the example of a duplex currently there are  three pieces of property one has nothing   going on the other two have a duplex on each  but how many units though four four units two duplexes two buildings two no um it's one  attached duplex Under One Roof on this   property one attached duplex Under One Roof on  this prop is there a difference in the quantity   of units between Philmore and Harrison Philmore  and Jefferson thank you Philmore and Jefferson it   sounds like they're both four units yeah but  they're not town homes on Jefferson um yes I   understand that I'm saying but there there's four  units on each so far there there may be more on   Jefferson only two two oh two units on each  piece of property there's how many units are   on Filmore one unit per piece of property total  of four units okay we're using units buildings   structures uh some of those I think are synonymous  but you had said that there are four units on billmore and when I see there are four and we're  calling these dwelling units right there were four   dwelling units on Jefferson so just that alone  though there's no difference in the duplex in   the town home from a quantity of units there's  four front doors it'll be one10 a and b yeah and   whatever the actual address is and then the other  ones have unique parcel addresses but they're   still both for units there's two buildings I  assume building and structure is synonymous   there are two buildings on Filmore and each  building has two units there are two buildings on Jefferson but those are duplexes because  there is no property line that separate with   the wall but as far as the number of units  the number of buildings they're the same so is that right yeah I'm tracking with all   of that there's the difference also is  there's no common drainage facility on Jefferson well I think that but  you don't need a common drainage   we're not looking at all differences  there's a lot of differences I think the the site plan I'm not challenging the site  plan needed on Filmore whether it was or not   sounds like there was you know two positions I  think the site plan was good and I think that   the procedures that that site plan follows is  really good especially on Filmore Avenue with   the the the water I do not fully understand what  why they're different but other than the parcel   line um different owners as well so literally it's  a lot defined at the county with the tax parcel   assigned to it for each unit on Filmore right but  on Jefferson it's one tax parcel with two units   on it and one lot defined through the count  count property appraiser with two units on it okay okay well let's go ahead thank you um and  and move on mayor if I could just restate my   understanding of council consensus items from  this before we move on yes um we're to get John   P's comment on whether this was verbal get John  Pear's comment on whether verbal approvals were   typical for single family and request copies  of all the four Co applications for these four   properties and I think you and I uh went through  this um and found some maybe some areas I would   welcome uh uh any revisions to this that you see  that can help clarify I understand it was done   on short notice sure I I can go through it again  and just call it just revised for clarification   if there if there is between now uh that way we  can I think help move these along to I will say   may I did put a tremendous amount of time  pressure on myself to get this out in two   weeks and that's why you didn't receive it until  last night I'm going to need more than two weeks   to get this anything else done here because we  got another council meeting coming up here too   and I think we've come a long way on this item um  and things are kind of rolling forward so I just   need to I need a chance to breathe a little  bit and and we have a CIP Workshop coming up   again too yeah so I'm not I'm not tapping the  brakes I'm just saying I'm letting off the gas   a little bit just to breathe that's okay I think  you've stated you've got the findings from your   side as far as you can you're not saying that  there could be more our city manager has not   our City attorney has not had a chance to get  in getting back to items five for each one of   them I think we'll move towards that and um  thank you any other questions nothing in this   investigation is going to hinder resolution on  the property nothing at all okay two separate tracks there if you're ready I can go on to  investigation number two one last question   this is a condensed version is there a lot  is there are more no as the information was   Anthony's laughing is because it it doesn't seem  seemed very condensed um as the information was   coming my way I put in things like from the months  of September through December this kind of stuff   happened that's what I mean I'm condensing that  rather than put specific information that's not   helpful that just would have filled up a lot more  pages that's what I mean when I see things are   condensed thank you yep uh let's yeah let's shift  to Jackson and again all under the same Hub if we   need to come back we can Council good with that  okay so mayor if I can start yes please um like   the last one um there are certain things that I  looked into and there we may come across things   that still need to be looked into I'm not saying  everything in the whole world was looked into we   might find the council might find you want some  more things here too and that's okay just um I   looked into the issues that were presented to me  to the best of my ability and I I like to say I   got to the bottommost most bottom that I could get  to those issues so my methodology here is little   bit different than the first one so I'm going  to read through it first one my investigation   began with a verbal interview with Mrs Peg schaer  and I just want to thank Mrs schaer because she's   taken a lot of her personal time away from her  business and her personal life to to meet with   me on on a number of occasions to make sure  we get this as right as we can get it so I   want to thank her publicly for that so it started  with uh my interview with her um she referenced   several documents which were submitted to Aid in  my investigation her statements were later written   as six condensed assertions at a subsequent me  meeting with Miss schaer the assertions were   submitted for her review and comment after minor  minor modifications she her comments were complete   then I began interviewing appropriate staff  consisting of the community economic development   director Dave dicki code enforcement manager  Brian Palmer code enforcement officer robt Chris   Robinson and Mrs schaer's comments were reviewed  in detail Ste five although not initial assertion   by Mrs charler I added a seventh inquiry into  the investigation this was related to the fire   which had taken place one of the two fires the  latest fire let me get it that way which had   taken place on the property number six I then held  an interim meeting with Mrs schaer you might re he   to it you might hear about it being referred to  as the Starbucks meeting because we closed down a   Starbucks um with Mrs schaer to review the status  of the investigation of the six initial items and   to gather her perspective on the Fire item which  is item seven then uh held additional meetings   with appropriate staff to review all seven items  both Mrs Scher comments and staff comments have   informed the findings reported herein and these  findings were reviewed with Mrs Scher yesterday   for final comments um and I shared with her that  a few other items that she asked for were put in   here so she's up to speed on this mayor um and I  don't know if she has any comments before I get   started mayor if you want to hear from her well  I think she wanted the opportunity to speak at   the end she did speak speak at the beginning and  as I understood the comments it was uh that your   the opportunity to meet with you is she uh the  questions uh she appreciates and understands uh   you working through the questions line by line  however the the findings the responses I think   that you're receiving are are still a concern  yeah so thank you so the uh items each one each   of the six items have their own findings I unlike  the previous one where I brought all the findings   up to the front I didn't do that here because  they're all kind of unique to their own individual   items I issues I should say so we broke them  down into the seven issues and the issue number   one is her claim that code enforcement department  conducted selective enforcement um so she um was   referencing that her she made a complaint about  7802 North Atlantic Avenue that's the moon Hut for   evidence of a codee enforcement violation related  to the paving of a parking lot specifically that   the paving work had been done without a permit  they placed new impervious pavement over an area   that was previously perious in other words it was  you know water could go through it and third they   didn't have a requirement for an engineered  storm water retention facility and why that   was important to her is because um she had  to put in an engineered storm water retention   facility on her property at the request of the  city engineer so um she provided evidence code   enforcement acknowledgement of her request on  December 5th of 22 and again on December 14th   of 2023 so that's a year apart she she indicated  she did not receive follow-up communication during   the 12- month period and no corrective work  was undertaken at the Moon Hut property however   during the time period a notice of violation was  issued for placing rocks in the drainage sale   at 116 within 4 days so those um while that  year was going on and nothing was happening   she got a notice of violation within four days  of placing rocks in her drainage soil that that's   that what she initially presented me with she  indicated that the apparent lack of communication   in progress on her complaint regarding Moon Hut  for an entire year combined with the quick action   made her uh feel a selective enforcement  that she felt targeted so that was her um   initial assertion and then we began the response  first thing is the clarification notice that her   original complaint was on 82222 no disagreement  on that moving forward um code enforcement staff   produced The Following documentation of email  um and I have them here marked as exhibit A and   B but I didn't include them because she agrees  yeah that she did get that correspondence that's   that's not an issue it's really um that nothing  had happened for a year out there at the Moon   Hut um regarding the 4-day turnaround I provided  a timeline about the first complaint by Cowboy   he was a the I don't think that's his real name  name I think that's a nickname of it that's what   he calls himself the he's a neighboring tenant  or he was at the time um he filed a complaint   um regarding the parking um that there was  just there were parking problems and that's   related to the the restaurant and became very  successful a lot of more chairs were put in   there and um I guess his customers couldn't Park  so he filed a complaint so on 32822 we sent an   original notice of violation to Mr Reynolds  he's the owner of the property so cowboy and   are tenants but Shane Reynolds is the  owner 32822 on 8322 we sent the first   revised notice of violation on 822 um Peg filed  a complaint about the 7802 parking on 524 23 this   is nine months later Cowboy makes a complaint  regarding the rocks and the sale and 61223 Mrs   charler requests the status update regarding the  7802 North Atlantic parking complaint on 61623   staff created a second revised notice of violation  which included the rocks and the sale on 71923 we   sent that revised notice violation in 112 of 23  the case was closed so in a follow-up meeting Mrs   Scher confirmed that the 4-day period she's  referencing is regarding the date that she   requested an update which was 612 to the date that  the noov was dated 616 can you scroll a little bit   Mia um so that was was indeed the 4-day period  that she was referencing uh and I do have a note   that the second revised notice violation was not  actually sent until 71 1923 so Cowboy made the   complaint on 524 don't don't go back a little bit  right there Cowboy made the complaint on 524 23   she request a status update on 612 we create the  notice violation on the 16th and we sent it on the   19th so there's really from the start to end of  that whole thing is 524 to 719 but I understand   in her perspective 612 to 6 616 looks to her like  hey I'm just making a request for an update and 4   days later I have a document for dated four days  later that you know you're you're slamming me   for this so in a follow-up meeting uh she she  verified that was the 4-day period that she's   talking about um she agreed that we had provided  the correspondence however she's reemphasizing out   her original comment that no corrective work had  been undertaken at the Moon Hut parking lot still   to this day has it additionally Mrs Scher stated  that she would like to see a timeline of all code   enforcement actions interactions regarding the  moon Hut to verify that similar time frames were   employed to her enforcement experience so here's  the timeline 21522 we observed code enforcement   observed the parking lot being repaved spoke to  the owner informed him a permit was required owner   indicated he would get a permit no notation was  made regarding the previously pervious area 42322   owner of 7 802 Moon Hut applied for a permit  the application did not include information   regarding the previously perious area 4:24 the  next day permit application was denied due to   it being an owner Builder permit when you have  to have a contractor uh owner Builders can only   do a residential you can't do owner builder for  commercial 425 uh we did that 822 Mrs Scher met   with Mr Dicky regarding the unpermitted paving  work as well as other requests for investigation   at this time she communicated to Mr Dicky about  the previous prvious Issue 12522 4 months later   Mrs Scher requested an email update regarding  the parking lot at the Moon Hut she restated   in the email about the previously perious area  code enforcement staff responded to Mrs schaer   via email that the owner was already made  aware of the requirement for a permit code   enforcement staff also informed Mrs sh Sher  that the owner's first permit application um   had been denied and the reason for its denial code  enforcement was made a way of the previously Pro   issue on 12522 as a result of Mrs scher's  email so at this point everybody knew about the   previously pervious and we didn't have a permit  to address the moon Hut yet 32623 as a matter of   Code Enforcement followup they searched the permit  database showed no Paving permit had been approved   or reapplied for since the application was denied  the first time on the same date code enforcement   staff left a voicemail message for the owner of  moon Hut in reinform of the requirement for a   permit and that the scope of the permit would  be required to address all work performed and   there's a reason I italicized that because we're  going to go off into a little discussion about   why why code enforcement says all work performed  the previous previous issue was not specifically   called out to the owner instead what was called  out was that the scope of the permit would be   required to address all work performed so there's  a bolded note here this has to do with code Code   Enforcement practice the reason the issue of the  previously Pur are was not specifically called   out with the owner is because the permits scope is  always required to cover all work performed they   have to cover all work performed we don't want to  say there's this one thing we know about and then   you don't do the other things that we don't know  about you got to cover all work you performed the   contractor is the authorized representative  of the owner and is required to follow excuse   me all applicable codes including as in this  case codes related to previously perious areas   the issuance of a permit does not authorize any  violations of code intentionally omitted or not   if a permit omits an item from its scope that does  not relieve the burden to comply with applicable   codes regarding that omitted portion of scope so  that's a standard way of approaching this work it   seems their experience is the more you specify the  more they don't address what you don't specify and   you don't want to you don't want to cause them to  now not address something in a permit because you   didn't specifically say you just say all work  performed moving on 61223 Mrs Scher contacted   code enforcement staff requesting an update on  the paveed parking lot and her other requests   Mr Palmer responded by email that the request was  being forwarded to the code enforcement officer   that same day a second code enforcement search of  the permit database no new permit application had   been submitted same day code enforcement staff  again contacted the owner about the required   permit and the owner stated his opinion was the  work was a patch job that should not require a   permit code enforcement staff reaffirmed that  it is more than that and that it required a   permit application submitted by an appropriately  licensed Paving contractor owner indicated he   would comply later that day code enforcement staff  received a call from a roofing company asking if   they would be able to obtain the paving permit  code enforcement said no the scope of a roofing   contractor license does not constitute appropriate  lure for Paving roofing contractor said okay I'll   relay this information to the owner and then  moving on to 87 23 if you want to scroll Mia 827 uh we finally receive a a permit application  uh this is this is now the second permal   application submitted to building department  staff this one's by satino construction they   are an appropriate license Paving contractor  scope of the work that they indicated wrote   they wrote work already completed asphalt  patches seal coat and striping they did not   specifically include that a previously  perious area had been paid paved over   but they were going to address all work completed  8923 and after the fact permit was issued because   the work was already done uh and when we issue  it after the fact permit there's a double penalty   fee you pay double permit fee but there was  no mention of the previously pervious area   issue building department staff notified code  enforcement staff the permit had been issued   code enforcement staff did not investigate  whether the permit addressed the previously   perious condition and we talked about that in the  note above 8923 the after that's the same day was   issued it received an approved final inspection  building department staff did not immediately   notify code enforcement staff the permit had  received an approved final inspection so here's   my finding number one had code enforcement staff  been required to review the scope of the permit   application for specific items related to code  enforcement the plan review process would likely   have been caused to reject the permit application  for its failure to address the previously perious   issue um current building department practice does  not include forwarding code enforcement related   building permit applications to code enforcement  staff so it's evident in there where I'm going   to be going with with my recommendations that if  somebody's applying for a permit to cor to correct   a code enforcement violation code enforcement  needs to be reviewing that permit application   to make sure it's going to address everything  that has not been a procedure so that's why   that is a finding on December 11th 23 code  enforcement was aired that the permit had   received an approved final inspection so that's  some four months later pause if you don't mind   please so is that does that complete I think  that's finding number one yes sir are you now   moving on to the next finding uh yes well we're  we're actually continuing in the timeline it on uh but we're not going to finding number two  it's not ISS issue number two yet we're not   there yet yeah we're getting finding number  two for issue number one is what we're going   to now we're heading we're heading towards um  finding number two okay can I uh and there's   finding number one can we can we pause and  do a little and just comment on this one   please okay so on page seven up towards the  Middle where it says regarding the the the   top regarding the 4-day turnaround  the following timeline has been created um Miss schaer on 612 requested an update and  then four days later the the revised noov went   out we're saying no that's not actually first  it was sent on 79 19 yeah but it was dated   61623 okay and so our finding is that but it  was yeah so so it has the effect certainly   from her correspondence and she now has the city  saying you know as of this date I assume right is   that how she would interpret it I would think  that she did in it's 30 days past and so the we're saying no it actually wasn't from 612 to  616 it was from 524 that's when the cowboy made   the complaint okay her cowboy made a complaint  yes sir that's the first I think I'm heard how   did we verify that cowboy made a complaint  um Brian or Dave you want to speak to that   and what was his complaint regarding rocks  in the SES so we know what his complaint was um on 524 well I guess you're you're stating that  on 524 your findings Mr SD managers that the   cowboy makes a complaint and this came from  officer Palmer is that I spoke with both Mr   Palmer and code enforcement officer Robinson well  I guess how do we how did you write down what was   it based on Cowboy makes a complaint what what  information were you provided is what I'm to to   show that that's true my brandan do you want  to talk I don't remember the details of that   specific one that complaint was filed with officer  Robinson while he was out on site and he annotated   that in his uh field notes it was fil verbally  yes okay so um so when was officer Robinson on   that site Vis it I I don't have his field notes in  front of me so I don't know when he was out there   well it says that maybe it was on if that's 524  okay silly question I would assume as much that   so and the complaint was about the rocks and  the sale do we have was that provided in our   in our actions in the field notes back  in January or March was that providing   the field notes I believe all the field notes  from this one here were were provided yes so   the com so if I was to verify we were able to  verify that cowy made a complaint by going to   the field notes on 524 yes I believe they are in  the field notes of 524 okay I'm gonna I have them um the the issue and it was on the gravel 5204  conducted a site visit but able to confirm living   in the garages unable to reach property owner  that's all the field note says that's new to me   I haven't seen this 524 so where did that  that was not in the field notes are these   now new information that's going to be added  to the field notes if so where did that new   information I don't know these are the I saw  this and as he was I was explaining that to   the city manager he asked a question we pulled  up the field notes and that's where I saw it   you saw that on here's the field notes that you  provided or I think code enforcement at large provided it said says conducted a  site visit but unable to confirm   living in garage is unable to  reach property let me just and so okay so we don't have any I don't see any  verification of anything happening on 524 from   the field notes is that from 116 is that the  116 is that the same case there are numer ous   cases on this so I don't know what portion of the  field notes that that was in so I'm I'm sorry I   don't know exactly what you're looking at well it  wasn't related to cases the the field notes were   related to properties and so 116 118 120 were the  properties and so all cases and I think that the   statement here was that Peg schaer on 612 request  a status update about a parking complaint we have   verification of that and then 4 days later is  a uh the the noov is dated and then sent and   that's her complaint is I wanted a request 4  days later I'm sent this and we're saying no   it wasn't four days later Cowboy had made a  complaint based on field notes that were not   from what I can see provided in January 24th  524 and so if this is what happened on 524 in   the field notes I would assume it would be here  because does that make sense I guess you drafted   this report there's multiple cases and in the  findings what did we find to make this statement true what did we find to make the statement  that cowboy makes a complaint regarding rocks   in the whale the true statement as Mr Palmer  is indicating that would have been in the field   notes do we have those field notes do you  they're not part of this they're not part   of this report as you know mayor if you if you  Council would like to see those we can produce   those I have them these are the ones I mean we  don't need multiple copies I haven't alter I'm   literally this my handwriting from the meeting  this is the actual ones mayor can I see those   real quick just to see what they are thank you  I mean if if if we need to we can we can provide   documentation for all comments that are made that  staff is making in here I I didn't realize it was   going to require that so we can we can certainly  take a take a pause we'd be happy to backfill all   of the comments no well then okay okay no I the  original ask was for item number one on January   24th I'm not saying no to I think you've already  we've been provided that I wouldn't ask to redo   it uh again and the goal was to get all actions  all field notes everything from that's not the   complete record BNA and and so it's really hard  for us as a council to make good decisions until   we know we have all the information and so  at that point that's the information we had   the city manager then goes on an investigation  and now new information comes out that says the 524 a complaint was verbally I guess filed  with Chris Chris comes back and I don't see   that in the field notes yeah I think mayor the  attachment that you're referring to attachment   four you just showed us this this is the this  is the attachment that the comment is records   prior to February 11th 2022 are not available  and I think we have have have publicly stated   that this list that you is an attachment 4 that  you're referring to is not a complete list but   this event wasn't prior to 2024 this was 52 423  so I certainly understand why the field notes   wouldn't have the those you know the February  20 St this was put in yeah yeah we'd be happy   to provide you with that if if if we we we would  be happy to provide you with that those those   anotations be in bsna right now yes so if I was  to log in you don't need to send me anything we   can do a timeout and we can go check together  if you'd like it's new and it and it certainly   softened I think the the reality of the issue  that was brought because from my understanding on six 12 or that gravel that doesn't make sense to  me because that gravel was not even laid at that point and so uh June 5th from my understanding is   when the gravel was installed so I'm  having a hard time understanding how how the complaint could have came in when it  wasn't when the gravel didn't even exist um so   yes any Clarity on that uh would be helpful and  it's not I'm not saying every just anything that   jumps out our city manager I think had to come  up with a timeline and Report city manager if   I understand you this line item was provided  from being verbally told from our senior code   enforcement officer I also had have access to  bsna I can see the records that are there so I   also if it's there I'm assuming it's there as  Brian Palmer said we can go look right now on   my computer and it should still be there did  you who wrote this report was I did when you   wrote 5 2423 was that a copy and a paste from  something sent to you or did you take notes   I'm actually tying in your verbal but well some  some of it also comes from email correspondents   too okay it at a minimum it's an err that I  think really says Hey wasn't 4 days it was   much longer and that one jumped out as a concern  um that the gravel it doesn't make sense to me   why on 524 that complaint would come in and so  this is why I questioned where did that come from and when I went to the field notes that was  provided in March they're not there and we were   told that's what that's all the field notes Mr  Mayor at this time it it sounds kind of like an   attack on on the staff they've offered to to show  go to and take a break Go and show the proof that   this is in there on the BSA so I suggest we let  them have that instead of going after the staff   I suggest give them the chance to produce the  document I'm just asking questions and I think   that's fair I agree I think they should have time  and yeah instead of attacking them but give them   the chance to prove I'm not attacking anyone I  am trying to understand why 5 2423 was written   when I know that you know the first thing  I was told was that field notes I have the   field notes I've I've looked at this property  on bsna and I'm saying this is new information   city manager can you help me understand and we  just worked through that I'm not going to sit   over here concerned about asking questions  that are awkward we all make mistakes we   all have these issues but we're not going to  get anywhere if we do not accurately confirm   the findings and this is one example here and so  uh we can take time that's fine um I don't need   that right now I'm just raising the concern  but I suggest we move on I agree so let's go um May would you like me to pick up from uh 61223  where we I do I just want what page that's on uh   is it eight no sorry yes page nine is where we  left off um yeah actually yeah we had talked   about the finding number one uh which ends at  the top of page nine yep I think that's exactly   right yep okay and then next thing was 121123 code  enforcement was informed the permit had received   an approved file inspection and this was some four  months after it had been approved code enforcement   staff informed the building department staff that  a portion of the parking area was never previously   paved when the building permit was obtained and  received approved and Final inspection this newly   paved area would have required St John's riverwi  Management District review after receiving another   complaint regarding the subject storm water  staff contacted kimley horn City's engineer and   requested a review of the property for storm water  code requirements 1214 kimle horn and staff met   the owner at the site kimly horn recommended the  owner contact St John's for review of the issue of   the previously perious um over the holiday 12324  a courtesy letter was sent to the property owner   indicating kimley Horn's recommendation on 22624  the courtesy letter was returned as unclaimed 227   the letter was hand delivered to the owner at his  office on 3:14 having received no information from   the owner regarding recommended St John's review  a notice violation was sent to the owner three   weeks later the notice of violation had not been  delivered the US Postal Service website indicated   the letter is being returned to Sender and on 44  a notice of violation was hand delivered to the   property owner so this next section what I've  done is more closely looked at M Mrs scher's   request to see a timeline so we can compare side  by side of all code enforcement interactions at   7802 to verify similar time frames of actions  were employed this is getting to the heart of   her question about being treated differently  so this table shows all of the um the various   action items for the two uh code enforcement  and we can scroll to the next page they're just   summarized from everything that we saw that we  gone through they're just summarized here just   for brevity so it can be seen in one table we can  scroll to near the bottom of that table Mia so   good to have you back on on the left hand side  we see that U Moon hunt had a total of 21 code   enforcement actions and um 116 Jackson had a total  of nine looking at the span of time for those 21   actions there were 799 days that passed for the  moon Hut and 629 days over here uh at 116 so we   start looking at the average length of time and  I don't think this is really bearing useful fruit   so then I'm I'm looking at just the the length of  time from initial observation to the not notice   of violation scent that that to me becomes a very  meaningful metric uh and for the moon Hut it was   750 8 days and for um the 116 length of time from  initial observation to original lus violation sent   was only 45 days so there's a big discrepancy  there 758 versus 45 days we can scroll a little   more note code enforcement strives to process  revised notice of violation very quickly now this   is the other three things on the rightand side  those are the revised ones and that ex you know   there's 128 days 350 days 174 days but normally  we try to bring those in very quickly in order to   bring an existing violation to the soonest special  magistrate hearing so the time span between the   initial inspection and notice violation should  usually be greater than the time span between   notice violation and any revised notice violation  um also I should note that during this time staff   is trying to gain voluntary compliance um before  the issue a notice violation so that led me to   put in a summary table of departmental time goals  if we can scroll to that one this is what staff   tries to accomplish and there's eight steps the  first one is we receive a complaint to the date   we register the complaint our time frame is we try  to get it the same day or within one day second   step is register the complaint to conduct field  visit we try to hit one day third step is conduct   field visit to gaining voluntary compliance and  that depends on the violation how hard it is to   fix how um willing The Violator is several other  things and that is usually 1 to 30 days could be   more step four is if you fail to gain voluntary  compliance that's when we send a should be sending   a courtesy letter now notice that they're not  certified mail the goal for the courtesy letter is   1 to 30 days it's variable depending again on if  they're working for towards compliance but let's   say they don't the courtesy letter does not make  any difference that's step five courtesy letter   followed by failure to gain compliance that's when  we force for to notice violation and the next step   right there says varies so I want to focus on  that box right there where it says varies this   to me is an important um metric and and we'll talk  more about this as as we go through our findings I   think we need to get better at filling in this  box with a Target because that would help this   wide discrepancy that we're seeing here between  45 days and 800 days moving on um issue six or   step six is what the difference between gaining  or having a notice of viol violation sent and   gaining compliance that's 5 to 30 days um that's  Florida statute then the code enforcement officer   can send the notice of hearing and hold a special  magistrate hearing and there's a 10-day minimum   notice provision there and then we get into  revised notice of violation so we'll probably   come back to this table as we read through the  rest of this I wanted to introduce you to those   Target time frames thank you however for Mr Mrs  schaer's inquiry a better metric as we said would   be the comparison of the date of the initial  site visit to the date of notice violation sent   for the two properties City manager's office  and code enforcement recently started looking   at this metric using data exported from bsna and  that's just within the last two weeks city manager   I'm sorry to interrupt you can I ask a quick  question just to make sure I understand and   this it's back on and I'm wanting to make sure  so I don't get lost on page nine item number one okay that first complaint filed by cowboy on 21122 that's a an individual complaint right  that's a complaint okay um then on item number   five Cowboy ATT tenant makes a complaint regarding  rocks in the swell is this the same complaint or a   new complaint it's a new complaint okay so that's  a second one yeah okay um you're on page nine yes okay thank you yes ma'am um back to page 11 okay that the target time frames um and then  we talk about um we think I think a better way   to look at this is the difference between the  date of the initial site visit and the date of   initial VI notice violation we we're finding that  in our preliminary reports that they vary widely   but 90 days kind of s tends to be an average  I think we could tighten that up over time   but I'm just looking at what actually has been  happening in the newest Code Enforcement cases   in bsna it looks like 90 days is kind of the  average so if we apply that 90 days to it and I   look at a date of initial site visit 7802  to date 300 750 758 days that's a 668 day   variation from the 90-day average compared  to what Peg received was a minus 45 days   so 116 Jackson is less than the average  but it's most much closer to the average   being only 45 days difference 7802 is a  statistical outlier with a difference of   668 days that's the bigger number and that to me  jumps out now there's possible reasons for this   um prior to the issuance of the original notice  violation the owner of 116 Jackson specifically   requested um notice of violation I said it was  the original notice violation but Brian corrected   me today it was the revised notice of violation  it wasn't the original one you sent me an email   today that said the owner Shane Reynolds mhm  requested a notice of violation be forwarded to him yeah he requested both of the notices of  violation he the original and the revised yes   sir okay so that had the effect possibly of  speeding up that and for the property at 7802   from the time that code enforcement informed the  owner that a permit was required to the time a   permit was issued was 540 days there's the bulk  of it and from the time the permanent achieved   approv final inspection until code enforcement was  informed the permit had received that inspection   with 124 days that's the bulk of the 758 days we  can continue so this leads me to my finding number   two the owner at 7802 was afforded an excessive  amount of time between the date of the initial   site visit and the date of the original notice  violation a tool for the evaluation of such   time frames has not historically been employed  applying this metric in this investigation has   been a useful tool to detect this anomaly and  I conclude that statistical anomalies can cause   confusion and perceptions of selective enforcement  developing and using a monitoring tool is critical   going forward so the report that we're doing  will be my recommendation to get this report   right so I know that not every code enforcement  case is the same violations are widely different   um applicate I'm sorry um owners are completely  different attitudes and percept perceptions and   willingness so not every case can be viewed  the same but if I have a report that says hey   something's been sitting out here for 700 days  and no notice of violation I'm going to look   at that and say why give me the story and now  now I've got a tool to look into that can help   tighten up these time frames we didn't have that  I never had that tool before but we're developing   it now so that's my finding number two that the  the anomaly I think has created this perception   that there's selective code enforcement and we  can tighten that up I have a question though in   regards to what I was talking about because it  looks to me and help me understand if I'm wrong   but it appears to me that 7802 had all of this  time to before we got to where we got a resolution   on it right right but 116 Jackson literally have  one that was filed in February of 2022 when did   that one get the first one original Lo violation  was 45 days later okay when did it get resolved   since I'm looking at I feel like I'm looking  at an apple versus an orange because one side   is one uh complaint which is the parking lot and  that's 7802 and the other one at 116 I've got two   different types of complaints or two different  complaints y that's a good point because what   happens when a new information comes to light that  changes or adds to or deducts from the violation   code enforcement has to revise the notice so in  this case it was revised um it started off being   about parking parking spaces and bathrooms and  then it was revised just to added Pig Scher as   a respondent then city council remove or put a  stay on all parking enforcement for restaurants   so it was revised for that reason and sent out  again Peg schaer as respondent so those those   that one notice was revised twice yes but then  we have the second one that comes in that's for   a totally different issue Y and if we were really  doing a side by side comparison for your Metro   I would think we would want to look at a complaint  versus a complaint not a complaint versus two   complaints we'll have that information too yes  we will have that the revised dates and timelines   absolutely that will be I didn't mean to say they  won't be that that information won't be available   it just it just feels like this is not really I'm  not getting a a good solid picture of that because   I'm comparing one address with two complaints and  one address with one complaint M we need to have   a tool that looks at all of that and we're  developing that tool I I focused on the date   of visit to original notice violation because  it revealed the statistical anomaly so wide   so for purposes of Mrs scher's complaint  in my investigation that's where I zeroed   in on but it doesn't mean that's the  only thing we'll be looking at in these reports um if we can move on uh that was Finding  number two uh and that ends issue number two issue   number one and the page numbers is helpful because  there's a few finding twos but I think just to   stay on track we are now moving to what page  we're on page 12 um moving to issue two which   is near the top okay page 12 issue two thank  you issue two was a claim that code enforcement   department had produced inaccurate and incorrect  public information um Mrs Scher um provided um   reported to me that the March 24th Council agenda  item which was titled update to the January 24th   special meeting contain inaccurate and incorrect  public information specifically the item included   a table with the following information on the  left you see it's a table called item and on   the right is table box called status this is from  the update item city council request is shown in   the Box labeled item above and it's a request for  a report showing all actions and correspondence   related to the properties the Box labeled status  indicates that attachment for includes an update   for the requested enforcement activity report but  when you go to attachment 4 it says records prior   to February 11th 2022 are not available so if we  can scroll just a little bit Mia as evidence Mrs   schaer produced Untitled documentation  from code enforcement department which   includes a timeline of activity for March 17th  to January 9th I think these are the field notes   that disproved the assertion that records prior  to 2022 are not available so obviously that was a   misstatement so the response in my investigation  first I want to clarify that the date of the   council meeting was March 19th um Mr Dicky stated  to me that he unintentionally misrepresented City   council's inquir to Brian Palmer instead asking  Brian for all correspondents located in bsna Mr   Palmer stated that at the 1924 council meeting  that these older records reside in laser fish and   are available so that was just a bad response  because certainly those records did exist and   that was not the proper response in a follow-up  meeting Mrs schaer stated that her perception   was that staff had purposefully omitted or decided  not to include these records in response to City's   council's request because if they would have  been included they would have revealed that   they remained previous violations which were  never corrected Mrs shler stated that speaking   going back in time there were violations left  uncorrected from 2017 and 18 this is before her   time even in the city that there were permits  applied for and not completed that there was   one permit that was completed and some of the  permitted work she had done which dealt with   those outstanding code enforcement items So Below  as a timeline summary of Code Enforcement actions   permits issued from August 8th 2017 September 10th  2019 in this timeline uh this was collaboratively   put together me working with with staff and and  also with PEG so in 4617 this is going back many   years there was an original notice of violation  issue this was when it was Do's bar was there   82718 the notice of violation was revised or yeah  issued revised one city manager I just want to   emphasize for clarity yes it was Dy bars but it  was the same owner the same owner yes sir okay   so tenant bod's bar same owner and then another  tenant Y and those notice of violations were sent   to that owner they would have would have been to  the Brian you can verify that on the 17th on on   um yes I believe so they were sent to the owner  all notices go to the owner also then on 9/1918   the notice of violation was presented to the code  board and it was taed until the next meeting um   for various reasons the board didn't have any more  meetings until 12419 and the code enforcement at   that point did not hear it because at that time  the owner was in the process of obtaining permits   so the case was not presented to the code  enforcement board in March of 2019 Do's bar closes April of 2019 to December of 2019 Mrs  Scher was remark modeling the tenant space   so right after Do's bar closed within a month  Peg's out there working to fix this space up in   December of 2019 L ma opens so here are those  violations that go back to 2017 we're going to   talk about all of them roughly in chronological  order and what ended up happening with all of   them the first one was repair replace all in  properly installed electrical equipment correct   and eliminate electrical hazards and provide  GR gfcis on 82517 a permit was issued and it   did get a final inspection those violations  were found in compliance I just want to note   that an additional electrical permit was issued  in on in 2019 this was when Peg had the place   for some expansions to the electrical system  city manager quick question how do we determine   what is the language we got final closed when a  permit has been satisfied is it final yes final   inspection approve if you're as you're going  through this when you when use words oh do we differentiate like final inspections the one  you're on does that mean when you say a Find   permit received approved final inspections are we  saying that that permit was finaled and closed out   yes sir okay got it um the next one was repair  replace roof flashing gutters and downspouts   um that was a permit issued on December 11th  of 2017 and that received all approved final   inspections and the violation was found in  compliance then there was an issue about a   fixing a currently valid license tag register  to the utility trailer obviously this didn't   require a permit but the trailer was removed then  remove all dead plants refuse and debris again no   permit but in 929 2018 the property is found  in compliance with that then the next one is   protect all exterior surface from the elements IND  deay by painting or other covering uh 9 2018 that   property was painted found in compliance next  one in accordance with city code maintain the   exterior and clean sanitary safe condition good  repair clear it of nuisances liver Rush rubbish   debris objects Etc which may create a health  fire hazard fences maintained not constitute   a blighting deterior effect neighborhood 9 2018  property was found to be in compliance for that   one maintain the premises free of Filth garbage  trash refu to be an operative machine scery and   clean up pet excretions from parts of the premises  which are accessible to and used by persons 9   2018 that was found in compliance a fixed numbers  indicating the official numbers for each building   for each front entrance clearly visible 111018  that was found in compliance repair replace every   window and door frame not in sound condition good  repair 12418 there was an original permit issued   but it expired 6 months later city manager yes  ma'am sir when you're saying we're rolling through   these quick so when back in up to 920 it says um  maintain the premise Fe I'm sorry uh AIX numbers   indicating the official numbers for each principal  building front entance clearly visible sorry the   next one just below the second Bullet From The  Bottom repair replace every window and door frame   which are not in sound condition good repair  and weather tight in accordance with ipmc M the 124 okay that's that's not 1110 I'm sorry my  eyes jumped on the bullet so we're saying on   124 the original permits issued yeah but it  expired without an approved final inspection   on 62 2019 okay thank you sorry to interrupt  that's okay um later um this is after 2019   so this is after Mrs schaer is involved uh 910  2019 the permit was again issued and it received   approv file inspections and this violation was  found in compliance so you see this is this is   where Peg is now involved and starting to take  care of things also next one was provide safe   electrical wiring and devices on the premises  in accordance with ipmc we can scroll uh on   62619 that permit was issued it received approved  final inspections and the violation was found in   compliance next again we had uh repair buildings  electrical mechanical and Plumbing Systems which   are unsafe unsanitary do not provide adequate  egress or constitute a fire hazard otherwise   dangerous to human life on 62619 a permit was  issued receive final inspections was VI final   comp liance and a related permit on 71 2019  was issued receive final inspections violation   found in compliance next one was repair replace  every leaking or defective Plumbing sewer line   in accordance 71119 permit was issued it was the  received approved final inspections violation was   found in compliance paven properly Mark all  vehicular use areas in accordance with city   code 72519 permit issued received approv final  inspection found in compliance provide correct   number were parking SP places in accordance  with city code this was not addressed by   permit because it was considered no longer to be  a violation once studies closed and subsequently   city council approved an ordinance requiring no  minimum parking permits for restaurants so that   corrected that repair replace all exterior  doors door assemblies and Hardware 910 2019   permit issued received approved final inspection  that's founding appliance repair replace all   interior surfaces including windows and doors  not in good clean sanitary condition no permit   was required the premises had something when  they closed new tenant corrected this so my   finding here is that one permit had expired was  subsequently achieved of issued and achieved a   final completed in inspection so all of the above  violations have been cured and the case was found   in compliance so it was just a bad statement to  to say that there's no history prior to 20122   obviously there's a lot of history prior to  22 and that was available it just was a mist statement okay so in 2018 the well 2017 the original notice of  violation was issued yes sir this is prior   this was issued to the property owner and  was this related to 120 it wasn't just 116   which I think do bar occupied at the time but  it was related to or was it just did it relate   to 118 as well or 120 if we remember Mrs  scher's request was that there was a lot   of history of violations on the premises yes and  we were just looking at all of them so okay and then so 4617 the 1 and then a year goes  by 4618 and 4 months before a revised is   issued correct and that revision the change  if I remember from researching was because   there was folks living or seen to be living it  added a few things maybe there was more I just   remember that was a difference to trigger  the revision the revised notice violation   added things and so the finding is is that  nothing happened in between that year and   four months from the original yeah our first  permit issu was was August 25th of 2017 so two   days before the revised notice of violation  the first permit was August 5th 2017 August   25th 2017 yes sir well that but the scroll  a little more Mia okay right here 25th 2017 okay and then the the Revis noov goes out two  days later August 27th okay and so at that   point I think we had the the the I went back and  had to the old audio and listen to that meeting   the September 19th 2018 the noov was presented the CB to the next  meeting yeah it was but they discussed it and   Mr Reynolds presented in Robinson and all the  staff in those minutes I think say that they   wanted to bring it back and here and he was  trying to get some things handled in front   of the code enforcement board Janu or 2019 comes  and it's saying there was a meeting however the   owner was in the process of obtaining permits  and the case was not presented to the CB and so the board wanted I think compliance and we  were saying we never brought it back to the   board I guess the issue is there these open  notice of violations but if the board never   had another say in that and then I think  we went to the magistrate system shortly after okay I'm following um so Mrs scher's statement that there  currently are violations uncorrected from   201718 my investigation did not produce that  uh fact they appear to all have been addressed   from 2017 and 18 um she did say that there  were per there was permits applied for not   completed yet there was one that I found  um there was one permit that was completed   there was more than one actually and indeed  some of the work permitted um was work that   she had done to deal with some of those out  so so she closed the loop on a lot of these too okay okay Council any other  questions on this one I just wanted   to ask a question about the uh timeline  summary at the very top of page 13 4617 8278 is the revision yes sir okay so over a over a year later yes there  was a revision and no record of that   going to the code enforcement  board after between 4617 and 82718 and again that's one of those metrics that  the new reporting should catch that's certainly   a question I would ask because if you're I  am a year later after notice of violation   was issued and hasn't gone to code  enforcement board I'm going to ask why okay and and so basically all the issues  cited in the noov that began in 4617 I have   it here I'm looking at the old we're saying all  of those were brought into compliance through   each line by line but the board never had had  a chance to know that that our process is the   code enforcement officer saw that well  it says permits were being obtained yes   at the time but then they did end up coming  into compliance they started checking them   off clicking them off over time and  then Peg finished it and brought it home okay can so anything else on that one we are on page 15 is the next page  mayor we're ready to move on to issue three Council want to move move  on thank you U you said 15 yes   sir sorry here was my I I was looking  for another one it says on page 14 all   of the above violations have being cured  and incompliance that's the finding yes sir and we know this because of  how I mean how did you verify all   of that that all of this is in compliance  because I think we all see this building   and when you read 201718 you can understand today  we see it was there any subsequent inspections   there would have been a a compliance inspection  for all of these Brian you would do those for all   of them for for what I'm sorry we're referring  to H how were we able to make the statement that   one permit expired but subsequently achieved  completed all of the above violations have been   cured and the case was found in violation how do  we know that all the above violations have been   cured because each one of them we reviewed each  one each violation and for each one a permit was   issued and received an approved final inspection  or in the case of the trailer the trailer was   removed in the case of dead plants refuges and  Bre there were removed no permit in other words   so the things that didn't require permit got done  and the things that did require permit did get   done also and that the dates of the permits and  the dates of the approved final inspections I'm   sorry the dates of the permits are there and  each one of them received an approved final inspection okay and that applied to all of  the properties 116 118 112 that's the whole   record that I asked Brian Palmer to bring me  everything he's got for anything he's got on   11 12 14 16 18 Jackson so there was an  issue about railings and I think those   that's those railings were not ever replaced um  that this this report is about August 8th 2017   through September 10th 2019 any violations that  happen after September 10th 2019 are not going   to be in this timeline this was about going back  into that timeline only but I was there an issue   with railings the railings came up subsequent to  2019 Brian am I correct about that I I believe so   that would be part of the everything the 20225  case I believe so I would have to look I I don't   know that off the top of my head of when it was  so we go in we go into bsna to verify that the   permits were final and then if permits were  filed final that means an inspection was done   on all the addresses meanwhile Peg's coming in  and she sees these issues she starts fixing the   rent to be the same that existed she didn't she  probably wasn't aware that some had already been   corrected before she got there well I don't  think she was questioning all of the issues   that exist in 1718 she pointed out issues that  such as issues with people being in the building   and stuff from my understanding like there's no  those issues existed I guess my exercise is to   understand how we determine that compliance was  obtained because when I visually see I don't it   doesn't make sense to me how we concluded on that  particular building that all of those violations   from the 2018 notice of hearing that went out  all the way down the line were completed which   violations have you witnessed sir that still  appear to be violations um well but I mean certainly the record should show the complaints of  of Miss schaer but certainly after the fire right   that's yeah that and I know we're going to get to  that that's after 2019 though but in the in in the meantime okay let's let's move on  to that okay yeah this is just a   snapshot from 2017 to 2019 things  definitely happened after that too um if we're ready we can move on to number  three mayor yes sir okay this one is a claim that   code enforcement department records received do  not match code enforcement records now available   so Mrs schaer um reported to me that records  received don't match records available she   produced printed documents of four notices of  violations all related to that case 22-15 and   each one of them is listed there um 32822 616 6687  and they have different information the third one   has a different respondent um than the other three  um but they all say um certified mailing numbers   ending with number 9447 you see that for all four  of them she asks how can one certified mailing   number apply to all four different letters  additionally she produced a photograph of   the cover page of a notice violation for the same  case uh 328 2 addressed to respondent Peggy Scher   and indicating that she can't find cannot find  the remainder of the document but she believed   that it likely had the same certified mailing  number I think that's kind of irrelevant at   this point because the response will handle all  that number three response each of the official   record copies were sent by certified mail  and a copy of each official record copy is   to be retained accompanied by a receipt of such  unique certified mailing number the reason that   9447 was reflected in the documents submitted  to the city manager by Miss dollar was because   these were not official record copies these  documents referenced incorrect certified mail   numbers because these documents were from  unofficial working draft versions working   draft versions are subject to copying editing  pasting saving over Etc this was an artifact from   a previous copy and paste and save over so the  question is why did Mrs Scher possess unofficial   working draft versions unofficial working draft  versions are generated in a template in BSN   which has been set up for staff to use in  the system staff's view of bsna allows these   templates to be viewed and edited the bsna  platform has a feature to make file viewable   to public this is via a toggle to switch  on public view or switch off public view   for each document in recent months code  enforcement staff was directed to make   all documents for 116 Jackson Avenue viewable  to the public on the bsna platform as a result   these unofficial working draft versions of the  notices violations were switched on to be made   viewable to the public however over time it was  discovered that these working draft templates   could not be opened via the public portal when an  attempt to open them was made on the public portal   these files would download as unopenable zip files  this is not helpful and these documents are now   being switched off to public view this problem  doesn't occur with PDF files or jpegs because she   couldn't view these documents Mrs schaer contacted  Mrs Palmer and stated that she couldn't open them   she requested that Mr Palmer provide these records  now remember these were unofficial working draft   templates she was not instructed at the time  that these records would be unofficial draft   working documents had she been so instructed this  confusion would not have existed consequently the   documents provided to Mrs schaer and fulfillment  of her request were not official records   code enforcement staff was trained by bsna that  users had the option to save draft documents in   bsna and revise them as needed from the time  code enforcement staff began using bsna until   approximately April 23 working draft documents  were routinely edited and saved over in bsna   these were unofficial working versions existing on  bsna which are different from the official record   copies these unofficial working versions were  provided to Mrs schaer in response to her request   was M was Mr Palmer aware that the documents he  provided to Mrs schaer were unofficial work and   draft documents no why not because he didn't  review the documents prior to sending them and   the documents that were requested were public  record indeed they were and were forwarded to   her due to her request for this property the  the official record documents bearing the code   enforcement officer signature and including  the certified mailing receipt were uploaded to   bsna just last month on 46 1624 and they're now  viewable as PDFs why did these not get uploaded   until 41624 Mr Palmer stated to me that he had  been looking at unti looking at the titled files   in bsna which appeared to match the titled  file names of the official record documents   why was it addressed at this time or how was it  discovered in the course of this investigation   on 41624 I noted that the documents on bsna did  not bear the code enforcement officer signature   I relayed this to Mr Palmer at this point Mr  Palmer understood the nature of the problem   and made the proper documents available to the  public to view on bsna and made the unhelpful   working draft documents not visible to public  view this practice of creating unofficial working   versions on bsna has since been discontinued  code enforcement staff has been directed to   remove such documents from public view across  the platform all open cases have been completed   currently staff is working on the closed cases  when this effort is complete no working draft   documents will be viewable to the public via  bsna and there will be official record copies   in PDF to clarify an official record document  on bsna will be a PDF it will bear the officer   signature and a scan of the green mail certified  receipt when available so people can still request   public records for working draft that's still  a public record if you want it the problem is   it needs to be notated that it's a draft document  so there's no confusion so all of those templates   need to be revised to be draft so this won't  happen again so here's my finding when a public   records request for working draft documents  is fulfilled confusion can be created as to   what is or is not an official record document  when such draft document is not marked as draft   I did some additional investigative research  because it goes a little deeper than this mayor   unless we want to pause and ask anything about  finding number one Council we on page 16 yes sir finding any questions or thank you okay moving  on um the original notice of notice violation   official record addressed parking spaces  and bathrooms it was sent on 32822 to Mr   Reynolds as the owner the official record with  corresponding certified mail receipt ending in   9294 were uploaded to bsna on 41624 you want to  share however the working copy version of the   document which resided in bsna contained a copy  and paste artifact on the last page indicating   certified mailing number that famous 9447 number  that was repeated the original notice of violation   was then revised the purpose of the revision  approximately five months had passed with no   progress initiated by the property owner in an  effort to compel corrective efforts the code   enforcement officer indicated that he revised  the original notice violation as follows the   document now included the word revised one  copy was printed and prepared for mailing   to Mr Reynolds it is unknown who was the named  respondent because we don't have a copy of that   the working draft document was revised to name  Mrs schaer as respondent and prepared for mailing   to Mrs schaer the violations remain the same as  the original notice violation both documents were   sent via certified mail on 8422 Mr Reynolds was  mailed with certified mail ending 9430 Mrs Scher   certified mailing ending in 9446 7 official record  copies were not made of these revised documents   but certified mail receipts were kept these  certified mail receipts were uploaded to bsna   on 41624 Mrs schaer has indeed produced a copy  of her received document finding number one this   is actually finding number two for this that's a  typo revising a notice violation with a different   respondent name is a significant change of status  that warrants retaining a copy official record   copies were not made of the first revised notice  of violations and this violates departmental practice finding number two although copies  were not made of the original revised notice   violations it's possible that similar notice  violations were sent to sep separate singular   respondent parties if this is accurate it  would confuse the record in the case where   there are multiple respondents departmental  policy should be that all should be indicated   on the notice of violation departmental policies  has been to have a singular respondant there   is no departmental policy regarding whether  or not it is appropriate to notice separate   singular respondent parties so I know that's a  little confusing as a statement but the way I   can explain it is it it appears that this  original notice of violation was revised   and one of them was definitely sent to Mrs  schaer and she was the only named respondent   the other one may very well have had only Shane  Reynolds as the only respondent and that's   confusing that one case would go separately to two  different people it seems a better practice to you   just put both of them on one and they both get a  copy of that so that's that's a finding of mine   that um we need to address the notice of violation  was again revised to remove the violation   regarding the parking spaces because city council  had placed a stay on all code enforcement related   parking spaces at restaurants this second revised  notice violation was also in two parts um part   one identified Miss schaer as the respondent it  had the bathrooms The Filling of the retention   area it was a cc copy to Mr Reynolds dated 61623  actually mailed on 71923 we have the record copy   of this as well as the certified mail receipt  ending in 8072 it was returned as unsigned for   it contains an error on the signature page  indicating the number should have been 9447   that was just an error part two identified Mrs  schaer as a respondent and addressed bathrooms   in the filling of the retention area same thing  notice was mailed to miss schaer and is dated 616   actually again mailed on 71923 we have the record  copy mail receipt ending in 8089 it contains that   same ER on the page indicating it ends in  9447 so that leads to my final finding here   which should be label finding number four the  second revised notice of violation only named   Mrs schaer as the respondent it did not name the  owner as respondent this violates departmental practice I note there was a third revised notice  that was created it was dated 8723 but it was   never issued it also addressed the retention  area and plumbing fixtures it was created but   never signed and it was never mailed it is a  working draft it is not an official record copy   it contains a an error in the title it references  second revised notice violation but should have   been titled third it also contains an error on the  last page ending certified mailing number 9447 no   certified mailing number because it was never  mailed um I only mention this because it was in   b bsna as switched on visible to the public  but when Miss Scher tried to download it it   was a zip file and she requested it for her public  records request just acknowledging that a draft EX   of existed of that that was never issued and that  ends issue number three mayor yes mayor perm let   me um the notice was mailed to Mr Reynolds um  I'm looking at uh this second revised notice of   violation it was dated 61623 but it was actually  mail 71923 why is there that gap between the dat   you want to address that Brian yes I can answer  that um I wasn't here I had a family emergency   so I left and I asked the notice of violation  not to be sent the the the date actually should   have been changed to 719 on the letter itself um  it had already been put in an envelope I would   imagine and everything was already put on it and  he just sent it when I got back and I think that's   an important observation because when somebody  gets a notice of violation it starts a ticking   of a Time clock and if you don't even get it till  30 days after you your clock may be expired before   you even open it and I think that's that needs  to be another Finding in this report I've already   noted that and why because family emergencies come  up but why would you not want to send the letter   and have the have her have the time to respond  the the Florida statute actually states that   the um the Violator once notified has that time  by the when they sign for the notice it doesn't   by the date that the letter is um is dated or  when it's sent through the mail it actually   starts when they actually sign for the letter  so whatever the green card that's why we do   the um the certified whenever the green card  is signed for that's actually when the date   starts or the time frame I should say but but  if if I was a violator and I received that I   wouldn't know that I'm not going to I'm not  going to make any statements that are untrue   I'll look at our notices I I believe it may  be stated in the notice but um I Anthony is   the one who did the actual notices and the  legal on there he may know that off hand I   don't but I can more than happy look that  up for you that'd be something nice to add   to the notices if it's not already there  that the clock starts when you receive this well I think you're talking about a clock  that's defined in Florida statute right back   to your table that you created when the noov  162 CH and okay and so the date the notice of   violation is sent they need to pursue a hearing  to get compliance state law says that you can't   just demand a hearing on most things I guess  but they need notice within at least 30 days   and I were working through that today  and so that's the notice of violation violation and I think it does say from the  receipt and that's why the certified mail is   so important yeah so the date of the letter really  doesn't it's bad customer service matter as much   as from the date they receive right to to if you  choose to pursue a hearing okay I understand and   with that issue number three I'm done  unless there's any other questions mayor council we're on page stay in on um 17 I guess we  just got through uh four we're going to four which   is on page 18 okay Council good to go on all right  Issue four this is a claim that code enforcement   department made an untrue statement at the March  24th Council meeting we only send notices to the   property owner uh Miss schaer uh reported to me  that records disproved this assertion the item   above that clim the code enforcement department  deceptively manipulated alter to cover of mistakes   this item indicates notices to both property  owner and the Tenant so um this we learned   a lot since then um number four response in a  follow-up meeting Mrs schaer was presented the   transcript below and confirmed that the statement  was made at the January 24th 204 council meeting   the special meeting included a statement from  Mr Palmer on this topic the transcript is From   Below it's from the YouTube video it does contain  um YouTube M mistakes as sometimes happens that   I did not correct um so going to the fourth  line down um well let's just read the whole   thing uh it starts at the top are you finished  for now Council just want to make sure everyone   understands what you just say CU you know this  is a YouTube transcript right yes and there are   mistakes that we we found which one of them was  it says shower and I believe it should have said   showerer we have not obtained a verified script  by listening from 104 to 105 but generally this   is generally correct it's just got warts and all  from YouTube's translation okay that's I just want   to say that's really important right that we have  the right words yes sir and so okay um and and the   mayor's talking or Don's talking I guess it says  are you finished for now council member Davis okay   council member Willis I have one quick question  for Dave this is council member Willis speaking   how do you how do you differentiate on a notice  violation between the renter occupant and their   property owner because it seems some of these  notices of violations that went to the shower   I think it's supposed to say m schaer should have  gone to the property owner can I answer that this   is Brian Palmer speaking the notice of violation  actually does go to the property owner we courtesy   copy the tenant so we send a courtesy copy to  the tenant to make sure that they're aware of   the violation that's on the property but the  notice of violation does go to the property   owner and the reason why we send the notice  of the violation a violation of the property   owner I think it means to the property owner not  because it's you know it's also in Florida statute   that tells us how to do that however we send  the notice to the property owner because the   property owner is ultimately responsible if if the  magistrate decides to place a lean on the property   the tenant's not affected but the property owner  is so that's why we always send the notice to the   property owner the transcript does not include the  phrase we only send notices to the property owner   however it does include the phrase we always send  the notice to the property owner Mrs schaer was   named as respondent on the first revised notice  of violation as well as the second because the   property owner had not made any progress to  our compliance and we were trying to identify   by another way to fix this this was done an  alternate attempt to compel compliance and Mr   Reynolds was cced on Mrs schaer's correspondence  in a follow-up meeting with Mrs schaer after   reviewing the transcript she agreed that there is  no evidence of the use of the word only however   she claims that the language that was used implied  that tenants are never named as respondents while   she has direct knowledge that she had been named  a respondent she stated that the dubious quality   of this statement supports her ception that codee  enforcement staff members make untrue statements   publicly staff has later clarified that there was  no intent to imply that tenants are never named   as respondents staff statement was we courtesy  copy the tenant this was not qualified with the   adjective always or only or any other frequency  related adjective omitting a qualifying adjective   regarding frequency can leave the statement open  to interpretation in a follow-up clarification Mr   Palmer stated that department practice is that  the code enforcement officer has the option to   Courtesy copy the tenant if deemed appropriate  because the statement can possibly be viewed as   never naming the tenant as respondent Mr Palmer  later clarified that department practice is that   the code enforcement officer has the option  to name the tenant as respondent if deemed   appropriate so my finding is there was no untrue  statement made however in the absence of written   departmental policy oral statements can introduce  scrutiny and differing interpretations of intent   there is no departmental policy defining  when it is appropriate to Courtesy copy   a tenant and when it is appropriate to name the  tenant as respondent having such a policy would   have made Mr Palmer's response more conclusive  now I did have an opportunity to meet with the   mayor this afternoon about um my finding that  there was no untrue statement made and in that   regard the mayor and I discussed the last last  line of the transcript Mia if you could scroll   back just a little bit last line it says affected  but the property owner is so that's why we always   send the notice to the property owner to that  point the mayor and I discussed Mr Palmer says   we always send the notice to the property  owner how is it that the first and second   revised notice of violation only went to Mrs  schaer as respondent that would make that an   untrue statement Mr Palmer clarified this evening  to me in the during the break that a cc went to   Mr um Reynolds so when he says we always send them  to send we always send the notice to the property   owner he's clarifying that they may not be the  named respondent but they get a courtesy copy at least okay so we're saying that this  so This St statement finding there   was no untrue statements made still appears to be accurate you stand by that statement yeah  because these records were cced to Mr um   owner Shane Reynolds there was never a time when  Miss schaer received a notice of violation and   the property owner received nothing no sir the  property the owner received every letter every   time mhm unless he refused it yes unless  he unless I got it back in the mail yes sir okay well I I have a hard time with that but  I I I think that council member Willis who   certainly can speak for his own intent the way  I understood his question is he's saying how   do he he really broke into two parts he said  Dave how do you differentiate on a notice of   violation between the the ENT and the property  owner that's kind of a general question and he   explains why he's asking that because it seems  some of these notices of the violation went to   the shaer it says shower but I believe it  says Miss schaer probably um that went to   miss schaer should have gone to the property owner  so he's specifically saying and acknowledging that   that Miss schaer received the violation and  the property owner did not receive and we're saying we did send it to the property owner we  courtesy copy the tenant in that case that's   not true we did not copy the tenant right it  was we sent it took respond to Scher and we   copied the landlord sir so I can't that's  just not that's why I say that that's not   from my understanding what happened and so we  send a courtesy copy to the tenant what we're   saying is it no you flip it basically that's  what happened is it went tenant copy landlord um and then uh so that's why we always notice  uh send the notice to the property owner um okay council member Willis anybody want to speak  on that or hopefully I didn't well the original   intent of the question was in reference to  the uh public records comments or documents   that Miss Sher had received that had the wrong  uh certified mail numbers on them uh that was   the reason I asked the question because they  were clearly the draft documents were clearly   addressed to her um and I was just trying  to find out where that how that could be   because I did not know that that was part  of just a uh public records request at the time any other comments I just want to  um reiterate that recommendations are are   forthcoming for all of these items on this  one um it's definitely obvious to me that   um I'm going to have the city clerk involved in  understanding the processes regarding official   records and public records what's visible to  public what how documents are distributed by a   public records request with the safeguards of this  is just a draft unless it is an actual notice of   violation with the signature on it we need put  safe important appropriate safeguards in place   to make sure we do not ever have to repeat this  again this has been a big Learning lesson for us thank you anything else on this one um I think  we're moving on to the next item five do issue   five do you want to continue or take a break mayor  you want to forge on ahead well let's let's do   this let's see how much we have so we're on page  19 just turn to 20 uh page 20 issue five one two   three it's really not a full Ben that would I'm  just seeing four five six seven there's seven more   pages want a quick break uh I think that would be  very helpful with seven pages left we'll reconvene   what do we need 510 it's 828 five and and just as  a matter of okay let's take five we'll reconvene e e e e e e e e e e e e e e e e e ready to go ready okay we are uh at 8:38  p.m. we'll get started here in about 10 seconds okay all right it is 8:38 p.m. we  are reconvening I call the meeting back   to order for our our special council meeting  believe city manager was about to move on to   the next issue number five found on page 20 city  manager ex yes council member Davis I'm pardon   hours Mee we have to make motion it's hour go  on or is there no set date or time 10 o' 10 o' I don't know if it's a 4 hour but if it is I  would agree uh I think it's yeah I just wanted to verify okay I'll continue researching  that uh issue five is claim that false   information was recorded  into the public record and distributed provided me with three photographs  descrip the photographs with me if anybody want Lisa sorry issue five claim that false information  was recorded in the public record and distributed   uh Mrs schaer provided me with three photographs  I do have them here if anybody wants to see them   I can pass them down photograph one shows  an exterior area and an interior area in   the background the following contents are in  order from foreground to background outside   there's The Rusted frame of a bench swing  a washing machine a refrigerator and CAU   tape covering an open garage door inside the  garage door there are buckets a dryer a stack   of lumber a metal table and unidentifiable cies  the written description printed on this picture   says picture taken of fire garage after Brian  Palmer emailed staff and myself stating garage   was checked today and has been cleared of debris  Monday June 12th 2023 4:20 p.m. photograph two is   a photo showing what appears to be the same  exterior area but from a different angle of   view with the following contents a rusted metal  bench swing with torn seat Fabric and a washing   machine the written description picture taken of  fire garage after Brian Palmer emailed staff and   myself stating garage was checked today and  has been cleared of debris Monday June 12th   2023 4:38 p.m. in photograph number three is  a photo showing a partially closed garage door   which appears to have suffered fire damage  the written response pick of the garage door   after Brian Palmer emails Todd Morley repaired  garage door and now opens and closes properly   Tuesday January 9th 2024 454 p.m. and again I have  those three photos if anybody wants to see them sure so they are in order as they were described my response as for the two photos  d dated June 12th 2023 um actually they're   they're all dated June 12th 2023 is it no one them  January 9th um refer to email sport correspondence   timeline that we talked about before and this  email was on June 12th 2023 at 12:56 p.m. Mrs   schaer requested a status update regarding the  garage attached to 118 Jackson now the garage   attached to 118 Jackson was a a focal point  for Miss schaer and code enforcement because   there was a fire had been back there and some  contents had been moved outside of the garage   those are the the swing and the refrigerator  and the what the various things so she asked   for a status update regarding the garage attached  to 18 18 Jackson uh two minutes later that same   email Mr Palmer forwards the inquiry to code  enforcement officer um an hour later Mrs Sha   clarifies a point about a different item on  this email thread at 4:17 p.m. code enforcement   officer sends an email to miss schaer and others  indicating the garage was checked today and it   has been cleared of debris the code enforcement  officer and miss schaer both later clarified that   the email was referring to the area outside of the  garage so everything that's outside of the garage   in those photos not the stuff inside the garage  the stuff outside is what they're concerned about   Mrs schaer photos schaer's photo indicates the  photo of of debris was taken 3 minutes later at   4:20 p.m. so referencing the email from The Code  Enforcement Officers at 4:17 p.m. he said it was   all clear she takes a photo at 4:20 p.m. 3 minutes  later the code enforcement officer stated that he   recalled having visited the property on June 12th  that same day prior to sending the email but he   was unsure of the time and that he saw no debris  outside the garage given this information the code   enforcement officer concluded that someone had  to have moved the debris to the outside area in   the time between when he left the property and  the time of the photo at 4:20 p.m in a follow-up   meeting with Mrs schaer she indicated that she  is baffled as to why the code enforcement officer   would say it was cleared she added that the debris  had not been moved since December she inquired if   it was possible that the code enforcement officer  deemed the area clear because Mr Reynolds or some   of persons said it was clear she asked if the code  enforcement officer actually laid eyes on it on   June 12th 2023 same for the garage door next page  what was the actual complaint made by m schaer the   complaint was the garage attached to 118 Jackson  has not been cleaned or secured city manager   inquiry did the code enforcement officer have  legal authority to cite a code violation for the   debris outside the garage this was in a space that  was not her her tenant space this is why I asked   this question yes there there was no fence at the  time simply a piece of plywood that was placed to   block access this made the area viewable from the  parking lot area to the east so that satisfied my   inquiry there finding number one at this time  there is no practical way to verify whether   the debris was removed and replaced later that  same day as the code enforcement officer claims   or whether it was never removed at all on June  12th 23 as Mrs Charlotte claims both have stood   by their respective statements and that's as far  as I can dig down on that and that's one of those   areas where Mr Scher says we don't agree you know  I agree it's it's he said she said and that that's   where it ends I have a question city manager in  one of the photos it's um noting that this the it   took a picture there's a photo it has it occurred  after it was the debris was cleaned up but it's   back outside and in it there's crime scene tape or  construction tape caution tape do do we know when   they went out when the officer went out there and  looked at it he stated that he was there on June   12th prior to sending his email at 4:17 p.m. okay  so this photo taken after the fire uh garage after   uh Brian you called an emailed staff this  supposedly he pushed everything outside and   put up tape what he's claiming is that it was  clear when he was there and it was not clear   when the photo was taken he's not saying where  it came from or how it got there thank you that   leads to my second finding finding number  two code enforcement officers documenting   and photo documenting is crucial to resolving  disputes such as this there was no established   departmental practice regarding the documentation  and or photo documentation of every violation   compliance and site visit and obviously you'll  know a recommendation will be forthcoming on that   as for the photo with the date of January 9th this  is the garage door it shows only a garage door   partially closed note it does not provide evidence  of the door's ability to fully function properly   um I made a clarification note the first time  the city manager received this email thread was   on 32624 um and um not earlier as indicated um  that's when Mr Morrison forward it prior to that   the thread was among in between Mr Morrison  Mr Dicky Mr Palmer and that thread on 1924 Mr   Palmer indicated that as of that date the garage  door had been repaired and now opens and closes   properly at the followup meeting Mrs schaer stated  that there were two garage door openings but only   one had a garage door the other opening does not  have a garage door nor is is it required to have   one also Mrs schaer asked did the code enforcement  officer try to open and close the garage door or   did the code enforcement officer deem the garage  door operational because Mr Reynolds or some other   person said it was operational Mr Palmer later  clarified that the code enforcement officer   stated that he did not attempt to open or close  the garage door himself he observed the garage   door open and then observed the garage door closed  partway Mr Reynolds informed the code enforcement   officer the garage door opens and closes with some  effort with this statement the code enforcement   officer made the assumption that the door was  capable of closing to 0% open Mr Palmer also   later clarified that the code enforcement officer  stated that he did not observe the door fully   closed in other words to the point that it was 0%  open so that led me to well can we access the door   now to see if it's operational it has since been  boarded up on the outside can we see it from the   inside if it was broken then it could still  possibly be broken on 5324 just a few days ago   property owner was contacted by code enforcement  requested access to the garage to see if the door   was in fact operational property owner stated  he was not in town he does not authorize the   city to enter his property he also stated the  case has gone to the special magistrate his   property has been leaned and he will be selling  his property soon in does not want to deal with   this anymore so we took that as a no leads to  finding number three without having seen the   door fully travel from a 100% open position to  a 0% open position the code enforcement officer   should not have accepted the owner's statement  that the door was capable of closing to 0% open   and further should not have instructed the code  enforcement manager that the door opened and   closed properly accepting verbal information  should not be a substitute for verification and those are my three findings  on issue number five mayor thank you so on the it's the verbal again I think  as you're finding right that that we   are and in this particular case the property owner who has had I think the same owner through  issues that we know go back to 2017 and the at this point we're trying to secure the  building and make it safe with the magistrate   um order to secure the building and the  knowledge that people were going in and   out has been from what I see longstanding  understanding that and so this owner also   has not been easy to communicate with and I  think documentation shows there's been issues   in the midst of that with with communication  um and so we relied on this person who has not been easy to communicate with to be  accurate and I and I think while verbal is not it's who is providing the verbal under  this and with a magistrate order is where I think if we today that particular opening has  a board over it I understand yes sir but what   would it show if you could go in and see that  it doesn't this is something that Peg and I   discussed that if it was never actually capable  of closing to 0% and it was boarded up chances   are nobody's been bothered out to fix it to  make sure it can close to 0 per. so we can   get out and see it from the inside we can see if  it closes to 0 per. that's why I that's something   worth doing and and Peg and I were trying to  make that happen and but if it doesn't close   to 0% what does that tell us it tells us that  there was a misstatement that it said the the   door what was the wording um well I think was  in fact operational it it okay so it might move   some but it if it doesn't perform the function  of closing I wouldn't call it operational I mean   if my screen door didn't close and mosquitoes  were getting in the house I wouldn't say if   there's something blocking it I wouldn't say it's  functional it's supposed to close supposed to   keep the mosquitoes out if if the garage door  is not capable of closing then it's not fully operational and we didn't have any evidence that  it was fully operational all we had evidence was   we saw it he saw it open up he saw it closed  partially but there's no evidence that we have   he says goes all the way photographs right so  a photograph for code enforcement is really   important for things like this for compliance  yeah just to show here it is here's a picture   of it closed it's a date time stamp photo  same with the debris outside the garage if   you had taken a photo the debris is not there  on June 12th at 1 p.m M that that goes a long   way because Peg's providing photos that the  debris is still there yeah minutes later yeah yes this this garage door that's  burnt is that's in front of that's   this I believe so Brian is that correct  yes Peg is that correct that's a garage   door in the background of the pictures  with the debris she Peg took the photos and this is the door well I know you know looking at the pictures  if this stuff was moved in the garage and then   moved back out for some unknown reason all the  cords and everything are in the exact same spot   they were before so how can you move something  in and out and the cords and the wires all be   in the exact same spot it's possible I mean I  mean I could do it but but I understand there   were some women living there one woman living  there I don't know who it was but excuse I've   seen a woman move a refrigerator it can happen  these aren't before and after pictures are   they no so there wouldn't have been a moved  refrigerator there was no before pictures   okay so after pictures did he didn't have all  I think we had was well but I mean the position   of the cord doesn't matter right well if he if  he said it was gone at one and this was 420 and it's it's he said she said they're  both standing by their statements firmly I I want to make sure I understand what  council Willis is saying is that we're comparing   there is no before but you're January 9 okay  that's January so the two on June 12th the   time 420 and 438 so 4 the 420 is the picture  taken of the fire garage after uh Brian Palmer   emailed staff and myself saying garage has been  checked today and has been cleared a debris that   that picture it doesn't say that was taken by  Peg right so there wasn't a at0 enforcement   officer got there he didn't take a picture no  pictures right um yeah that timeline on page 20   uh with the time stamps right below number five  response June 12th it started at 12:56 p.m. when   Miss schaer requested a status update and very  quickly and impressively I would say officer   Palmer two minutes later literally forwards it  to code enforcement officer Robinson I assume   yes sir and it's reasonable to assume that he  went out after that but he said he might have   gone out out there in the morning he said he  had been going out there with some frequency   he just didn't record when he what what time  he was there but he he says he was sure he   was there on June 12th well my thing is is why  would miss schaer at 1256 want an update and I   think I've got enough relationship to think she  she didn't email thinking that it's finished   she looks out back and she sees it yeah and  I think she's saying hey what what's going   on here and the so she emails at one she saw  oh these don't have 1:00 Tim stamp he saw an   issue and then it was forwarded two minutes later  from officer Palmer to to officer Robinson and then yeah it's where am I missing there it seems  like something's at 4:00 if if you have 417 is   when the code for officer responds to Mrs schaer  thank you saying it's been cleared okay and then   doesn't miss schaer at then so at 4:17 so  about 1:00 she inquires a few hours later   code enforcement officer says the garage  was checked today and it has been cleared   of debris so so she leaps to her camera she  goes out there three minutes later and takes   a photo and says how can this be well at 1:00 we  have knowledge that the the people we serve the   citizens the business owners has got an issue  and then at four we say it's good and then she responds literally 3 minutes later with  a photo showing that it's not good I have   no reason to to think that at 1:00 when miss  scherson it it looked any different than than   at 4 o' I think that that's the issue that  that I see and and from these findings it's uh officer Palmer saying it's cleared to debris and these pictures mean that someone  went out if he got it at 1:00 the soonest he   could have got there was two minutes I mean  it's right down the road right 102 but he   says he might have been there before earlier in  the day too because he had been going out there   with some frequency yeah he's not given us a time  for when he was there right can I else real quick   can I just make a clarification I'm not the one  that stated you just said officer Palmer I'm not   the one that stated it was clear to debris  you were relating the information that the   code enforcement officer gave you no the garage  was checked today and it was cleared of debris   was sent by the code enforcement officer in an  email out to everyone I sent the I sent the the   um email to him I forwarded an email to him um  on at 12:58 asking him to respond I just wanted   to make sure because that was just mentioned  did he log at an action that I mean like in   bsna was there any field notes or record that he  went to the site does he remember when he went   to the site he he REM he says he remembers  typing the email and that he was there that day but no there's no other record okay um so at at 417 GR was teched they cleared a  debris uh 30 minutes later clearly shows the   debris was not cleared response or no  a few minutes later and then the next   day on 6:13 so I'm putting myself in her  shoes she says it's being clear today and   she's you know it's on her back front row  seats of this no it's not here's a photo she doesn't get a reply that day she doesn't get a reply until the next day on 6:13 I don't know if that report says this but  I know that's according to the timeline we were   all provided uh by Peg according to her uh email  records is it on 613 Chris Robinson email back   and stated we will have Shane  either remove the appliances and   damage swing or store them in the garage  I don't have a copy of that in front of me the why wasn't that I guess why wasn't that  state stated like that same day or I guess   I'm I'm having trouble understanding mayor I'm  not when it was resolved not familiar with the   document you're looking at um there's a timeline  email from Peg I believe to all of us the entire   Council and I believe you are on it I don't have  I just don't have that in front of me right now   okay okay well this is a part of I guess the our  findings as a whole so all right that we we take   photographs when things are not in compliance and  I think we're saying we should take photographs   when are in compliance and and we typically do  take photographs when things are in compliance   or are we going around just verbally saying  things are in compliance with no evidence well   that that's my comment here finding number  two there's no established departmental   practice regarding photo documenting every  violation every compliance every site business   but isn't a it isn't it about a preponderance of  evidence isn't that the word that it uses and that   we really want to have evidence and we provide our  code enforcement with cameras and the I guess that   is a question how do they take photographs do  they have their own camera but you use the app   that time stamps and date stamps it is that a city  city issued cell phone yes and and that's the one   that produces the time stamps that you there's  an app on that phone I forget what it's called   but puts the time time stamp app it's got a  name another name I don't think it's crisis   track but the there are photos I've seen it  it's nice cowboy photo stamp yeah okay and so we don't have any photos of that  day from his visit or nothing no okay   any other questions Council on this one thank you uh and that is um finishes the findings on issue  number five mayor for ready to go on to issue   number six yes that's beginning on page 22 this  is a claim the code enforcement department found   property and compliance while a violation remained  Mrs schaer um indicated to me that she had filed   a complaint regarding an individual who routinely  sat in a chair on the walkway blocking the route   to her business front entrance Door Mrs shaller  claimed that her customers had voiced concerns   that the individual in the chair made it difficult  for her patrons to pass by and would have to step   off the walkway into the parking lot to walk  around the individual she stated that code   enforcement responded there is a 5 foot clear  walkway and no evidence of a violation she claims   violation remains to this day I've gone out there  I've seen what she's talking about there's a chair   sitting there and there's not 5 feet in front of  that chair I don't think the sidewalk itself is   even five wide so the response Mr Palmer indicated  that the tenant had been displaying merchandise   on the sidewalk and added that code enforcement  department staff was able to successfully enforce   city code 110 458 F all outdoor display must  maintain a minimum 5- foot sidewalk clearance   the tenant complied by moving all outside  outdoor display indoors no notice violation was   issued because we got voluntary compliance in the  field the code enforcement officer stated that he   has witnessed the chair both occupied and  non-occupied on the sidewalk however because   this section of code only regulates shopping  centers and retail stores using outside   display and neither the person nor the chair are  considered merchandise the chair with or without   an occupant do not represent a violation of 110  458 code enforcement officer stated that he had   made multiple requests of the tenant responsible  for the chair to remove the chair from the walkway   and not return it to the walkway the tenant did  remove it but later the tenant placed the chair   in the walkway again this pattern has continued  it is a cat and mouse game in a follow-up meeting   with Mrs schaer the city manager inquired as  to whether the chair and occupant could present   a violation of the Ada code which requires an  accessible route to each business entrance by   maintaining a 42-in clear path of travel along  the sidewalk however Mrs schaer clarified that   the only Ada accessible parking SPAC is to the  west of both business entrance stores and the   chair placed on the east of the Eastern business  entrance makes this portion of sidewalk outside of   an accessible route so my question if it was not  a violation of code why did the code enforcement   officer make multiple requests to the tenant  responsible for the chair to remove the chair   from the walkway and not return it to the walkway  in a follow-up interview meeting with M Mr Palmer   he stated that the original request included Mrs  schaer's statement that the individual in the   chair was harassing passers by Mr Palmer's answer  the code enforcement officer thought he was being   nice trying to help her out departmental practice  requires complaints regarding harassing Behavior   to be forwarded to bcso the 21122 field note  States the chairs are not in violation since there   is 5et in front of the chairs they sit in to allow  for unobstructed pathway in front of his store her   question is why would the code enforcement officer  state that there is 5T of clear walkway if there   is not with the chair present in a followup  meeting with Mr Palmer he stated that this   statement is simply in error and he will place  an updated corrective note in the field notes   so finding number one having found no evidence of  a violation the code enforcement officer had no   authority to request the chair Andor the chair's  occupant be moved off the sidewalk finding number   two departmental practice requiring harassing  Behavior to be forward to bcso was not followed okay and so how did we know that we have  no Authority with finding number one how   do we come to that conclusion there was no  code being violated how did we find that out   though we researched code and found no code that  applied to the situation it wasn't Ada code it   wasn't merchandise display in the five foot clear  walkway so when when we go out to the site what   what code were we maintaining that day when we  approached because I think code enforcement is   upon observing or receiving a code violation so  I guess is the was the issue to accurately apply   the code from the beginning yeah I'm I'm going to  go out on a limb here but I'll ask my Mr Palmer to   verify that because the reference was made to the  5- foot clearance I think in the officer's mind he   was thinking about that merchandise the sidewalks  have to have 5 foot clearance for merchandise   display so he was possibly going out there  thinking 5 foot clear 5 foot clear 5 foot clear   but the fact that that only applied to merchandise  not people not chairs unless the chair happened to   be merchandise which it wasn't and I think that's  what he was thinking when he was asking him to   move it back inside but Bri Brian you might have  a better guess than I do no that's exactly what it   was he was he went out there with the merchandise  code in his head and he utilized that code to tell   him you you need to be 5T off and and I had what  code is that 110 458 F 1104 58f is what he went   out with in his head and then we learned that  that's we believe that's not applicable yeah if   it's not merchandise it's not applicable okay  council member Jackson yes I had looked up the   um the 458 code as for the retail 110 458 MH but I  also took a little bit of a dive into the Florida   building code statutes under clear width and floor  surface it is unlawful for for puding objects to   create a reduction in the minimum clear width  of accessible routes additionally all walking   surfaces located along a means of egress are  required to be uh slip resistance securely   attached which wouldn't make any difference with  this however under the means of egress definition   it says in the Florida building code continuous  and unobstructed way of egress travel from any   accessible point to a public w way so does that  would that apply with it wouldn't because you're   reading from the accessibility portion of the  code and the accessibility pathway ends when   you can get from a handicap parking space to each  business door spaces beyond that where there's no   more doors to entrances are not part of the  accessible route that that concrete doesn't   even need to be there that could just be  dirt you don't even need concrete there   okay thank you I was wondering about that one  110 458 shopping centers and retail stores using   outside display yes sir the word merchandising sub  parentheses F all out F all outdoor display must   maintain a minimum 5 foot sidewalk clearance  yes sir where's merchandising for merchandise   that's what that's about the whole section is  about I don't see that word anywhere I do see   I'm not saying I'm just I really want to follow  this and and think how are we thinking I'm not   shopping centers and retail stores using  outside display the word display you're   saying is merchandise yes sir shall not exceed  the size 10% or 2,000 the outside display area   shall be ConEd the same floor maintain minimum  five white sidewalk clearance for pedestrians did this block the five foot do we agree with  that that they did they did not have five foot   yeah there's not 5T because the chair is there  so are we taking the position here that because   if it's not merchandise which it doesn't say that  it says display and I think words matter in these   instances says display can't block 5 foot but  other things can encroach on the five foot yeah   that that section doesn't talk to other things  other than display so you can just cover the   sidewalks as long as you're not selling anything  is that's how we're understanding this yeah I I'm   seeing that that if if there's no display that  code section if there's no display that code   section doesn't apply City attorney do we have  a definition on display or is that something is   because I can see how display I agree with the  city would be merchandising I was looking at the   definitions and the zoning code chapter 110 I'm  not seeing a definition for display or outdoor display maintain a minimum 5 foot sidewalk  clearance for pedestrians it say the title of it   shopping centers and retail stores using outside  display what was it a chair well there was more   than a chair at one point there were t-shirts  out there as well what were the t-shirts for   uh I believe they were display of merchandise  yeah they were on a they were just secondhand   t-shirts out umbrellas this this whole section  of code the city council approved a few years   ago we actually did a ordinance that uh amended  this section of code I don't have the code right   in front of me so I can't tell you exactly what  the ordinance number was and what year it was   but it wasn't that many years ago um so I guess  what we could do was maybe go pull that agenda   cover and maybe that would give us some additional  details on answering the mayor's questions but uh   you mean pardon you mean as to the intent of the  code yes exactly but yeah this was something the   council approved a few years ago so I have a  question so if he if he's out there sitting in   his chair the way it's there's like a um flower  box and then there's a little sidewalk and then   the parking comes right up to the sidewalk when  his chair is there you can't get around it I've   been there and been on the side of the building  building and walked around to the front he is blocking I mean you would have to go  out in the street and go around right right why why are they have why do they have  to item C 110 450 C maintain minimum 5 foot   sidewalk clearance for pedestrians why doesn't  that and all of its logic just stand on its own   that's what I'm saying why are we saying know  if you put a watermelon out there you know or   you put a basketball like it's I'm just making  factious but it to me I get the display side   well you wouldn't look to this code section if  it weren't for display but where does the five   foot come back because I think this connects  to what council member Jackson was bringing up   is don't we have a minimum 5 foot requirement  and saying hey you can have displays but don't   forget about that 5ot fo minimum is that I don't  know if familiar with that I do know that the   signs uh chapter 94 says you can't have sand Bo  sandwich boards blocking a sidewalk it does talk   about it there is the but you can have a chair  blocking the it doesn't say you can't does say   you can't Mr Mayor yes sir um in looking at an  aerial view of L May the next to the handicap   parking space there's striped designation for a  walkway to get to the access aisle access aisle   all right on the very east end of that sidewalk  in front of Ellie May there is what looks to be an   access aisle with no handicapped parking space  next to it but doesn't that still no lead to   giving access to that sidewalk no um the access  aisle is a requirement of a handicapped parking   space the fact that there's a area of pavement  that's striped to look like an access aisle and   there's no accompanying handicap par parking space  that might imply that it's meant to be an access   point but according to Ada code the route has to  come from the parking space to the doors anything   else is just so if there were another handicapped  parking space at the East end of that sidewalk now   we'd have a problem that would be different okay  and there could have been a handicap parking space   there at one time but maybe when the parking lot  was restriped it was done away with I I don't know   there's a lot of there's a lot of possibilities  here and Ada code requires one handicap space   for the first 25 spaces and I don't think there's  even 20 spaces out there yeah so one is the only   you only need one handicap parking space and  you've got it out there this one is just the   5 foot I think the 5 foot sounds like my have been  specified for these and our David was explaining I   do see 2016 under but whenever these were amended  is saying you know protecting access we don't have   anywhere else in our code where you must maintain  access we know that if you have a display you got   to protect that 5 foot I guess that's we're not  that doesn't come from anywhere sourc part of part   of that remember was from beachwave um we had an  issue there about display of merchandise outside   also in in the windows but merchandise outside  now he's got a sidewalker he had sidewalk that   I think was like eight feet wide so merchandise  couldn't intrud into mure five feet of it was   clear so that last three feet could be merchandise  that's okay but in no case shall the five feet be   impeded upon I think that's the history you're  looking for about that code change yeah yeah   I remember back in 156 we were getting a lot  at the time outdoor display was only allowed   through a special exception yeah that's right  and we were starting to get a lot of those and   so I guess the decision was made Let's permit  outdoor display however you're going to have to   meet these requirements and those requirements  are contained in in in that section that sounds   right to me yeah um also when remember too that  public right of way public sidewalks we have a   little bit more discretion on what we can do there  regard versus private property and I'll call them   private sidewalks um yeah if there was was just  trash bags out there just block I mean we have   basic Property Maintenance right I mean that's  an extreme example Health let's say there's large   potted plants out there blocking it good example  yeah we don't your findings we don't have any   to deal with that not that I'm aware of because  it's we specified it to display we don't have a   definition of display I mean would it be as simple  as saying display or any other thing that blocks   right um we could certainly make a clarification  in the code yeah I'd be interested in going back   into the ordinance the the agenda cover and the  and the ordinance itself and looking at it but   doesn't the Ada also apply God L of a display when  it's outside of the accessible route it doesn't   apply because that this is beyond the accessible  route this is extra paved sidewalk area beyond that okay well thank you for talking through that  one I think we all want to keep sidewalks clear   but since this is a not technically a public  sidewalk it's the perimeter of the building   and it is in the Ada is being honored this  is not a violation of ADA because what would   be a violation of ADA if it was in front  of either door or between either door but   this is past the second door we're calling  doors that there's Ellie May's entrance and   then there's the thrift store entrance to  the thrift store both of those doors East   and then it's the opposite yeah the other  direction doesn't require handicap um access okay it only has to come from the handicap  parking space okay Council any other things   on this one think none moving on mayor yes sir  um page 24 begins issue seven which is the fire   issue this is the one that um I added to it I  also reviewed this was with Mrs schaer like I   did the other ones in a memo dated August  15th M 2022 Mr dicki indicates that a fire   occurred on August 5th 22 the building is a  two-story building with businesses on the first   floor excuse me and two residential apartments on  the second floor the apartments are accessible via   an exterior stairway that lands at the roof  level to gain access to the two apartments   requires walking across a portion of the roof the  fire damaged ceiling SL roof at the rear portion   of the first floor thrift store which was in the  storage area and the roof serving as the access   way to the two apartments on the second floor was  now deemed an unsafe access way and the apartments   were placarded by the building official as unsafe  however the fire did not damage the remainder   of the thrift store neither did it damage the  remainder of the apartments only the walkway to   the apartments further the memo indicates that  appropriate City officials had determined two   things one the stri thrift store could continue  to operate two as long as the structure did not   pose a public safety risk there was no timetable  placed on remediation Mrs schaer indicated that   persons had periodically accessed the second  floor Apartments spending time within them   she reported this concerned to code enforcement  staff on multiple occasions the code enforcement   officer indicated that he placed caution tape  on and around the stairwell multiple times in   an attempt to prevent unauthorized entry he stated  that when the caution tape would would be removed   he would then return to place more caution tape  uh in recent days this is not helpful but mayor   Morrison expressed the similar sentiment to me  further Mr Morrison indicated a great deal of   time had passed before the access was effectively  restricted all true in a follow-up meeting with   Mrs schaer Mrs schaer referenced the same the memo  verbiage as long as the structure did not pose a   public safety risk there was no timetable place in  remediation so she asked the following who was the   city official charged with evaluating determining  and determining that the structure did not pose a   public safety risk while she was making multiple  reports that persons had periodically accessed   the second floor apartments and why was it not  secured against access for 17 months with evidence   of people accessing the apartments in a follow-up  meeting Mr Palmer clarified that remediation is   not the same as restricting access remediation  means the restoring of the premises to a usable   code compliant condition restricting access  means disallowing effectively prohibiting or   barring entry while the premises is in is not in  a usable code compliant condition and he clarified   also if a property has sufficiently restricted  access it can often go without remediation for   a great length of time this case went to the  special magistrate where a ruling was made   on both remediation and restricted access did  we issue a notice of violation related to the   damage caused by the fire yes it was issued on  111 123 so that's 15 months later in a follow-up   meeting Mr Palmer was asked why did 15 months  pass between the placering of the structure and   the notice violation the answer next page when a  property suffers a fire loss the owner is usually   challenged to make arrangements toward remediation  for example insurance claims tenant evictions   and loss of income departmental practice is to  allow reasonable time to deal with these matters   from the time of the placering of the premises  8522 to the time of effectively restricted access   late January 2024 17 months had elapsed why had  it taken this long to effectively restrict access   while Mrs schaer was making complaints that people  were accessing the apartments answer the special   magistrate could not hear the case until after  the noov was sent this was on on 12723 this was a   15-month process the special magistrate gave until  1222 23 to restrict access this did not H did not   happen the next meeting the Massie hearing was  on 12324 this effectively takes up the remaining   two months it was days after the Massie hearing  that the access was effectively restricted that   was the plywood boxing up of the stairs why  wasn't something more effective being done to   restrict access prior to the date of notice of  violation the effective restriction required the   installation of an attached structure of the  2X by fors and plywood the installation of an   attached structure requires the authorization of  the special magistrate the attachment of caution   tape does not stated a different way the city  does not have the authority to attach a structure   without the special magistrates authorization so  my revised question then is then why wasn't the   notice of violation Advanced sooner consistent  with departmental practice the owner was being   afforded reasonable time to remediate note  a notice of violation is required to include   all violations in this case the notice violation  needed to include all remediation violations as   well as access restriction violation because all  was wrapped up in a single notice violation and   the department practice was to afford reasonable  time all went after 15 months that leads to this   question could a notice of violation have been  forwarded to the special magistrate sooner with   the stipulation for a soon to come access  restriction and a later to come remediation   yes it could have been issued as soon as the day  of the fire my finding is there is a departmental   practice related to notice of violation time  frames for items which are strictly public   safety violations however there is no departmental  policy related to notice violation time frames for   Public Safety related items which also include a  Calamity which the owner is struggling to overcome   a new policy needs to address equally these  two important needs one Public Safety and two   reasonable customer service requirements that's  the finding on that one mayor thank you be happy   to continue there is more we're nearing the end  yes Council I'll just make a note we can Circle   back and sure we get through it I'm fine with  moving on if we need I I just want to add that   um this is where Public Safety meets head-to-head  with customer service to very different needs yes   the owner is going to need good customer service  but we have to have Public Safety too so we have   to find a way to walk that path with him make  sure we handle both of those get the restricted   access right now once that's restricted give them  12 months to to remediate that's fine and that can   be done in one notice of violation moving forward  what did the special magistrate order say this   is copy and paste from a lot of information that  you've already seen I don't know if we want to go   through all of it I want to skip down a little  bit say does did this case go to the special   yes original hearing 127 Massie hearing 123 what  was the order of the special magistrate original   hearing he had till December 22nd to do these  things and this included securing the garage door   boarding over closing up make sure people can't  access the garage secure this utility closet and   then also it said by March 8th repair damage  caused by the fire repair replace the garage   door new staircase at that time he was saying he  was going to put a new staircase in which I don't   know why it's a Concrete staircase there's really  nothing wrong with the stairs except that there's   no guard rail and they lead to an unsafe walkway  and an unsafe roof the stairs are okay Miss city   manager this section the respondent shall by no  later than Friday March 8th obtain any required   permits and and within the time allowed by the  permit not to be confused with he needed to get   these repairs done by March 8th right he needed to  apply for the permit right and that permit might   have a year or months and that didn't happen he  didn't apply for the permit cor brand on March 9th   we knew that to for compliance of the magistrate  is were permits pulled and March 9th the answer   is no no but there was the Massie hearing on  January 23rd on this one he ordered the resp   respondent shall no later than the 28th 5 days  later bolt and secure plywood to the main building   and staircase to form a box blocking front that  was what caused the securing that actually worked   um B was about a fence to stop people from being  able to climb fence that was complied with as well   and then it also said you had till Friday March  8th to obtain permits to do the rest of this um   which also hasn't been done but A and B were done  that's the temporary the temporary securing was   done the rest of it was not so what has happened  since the special magistrate order access to the   stairs has been sufficiently restricted exposed  fence rails have been secured against climbing   March 8th 28th deadline passed without bring  the property into compliance concerning all   of those things except he has continued to  secure and prevent occupancy of the upstairs   this case was presented the Magistrate on 42324  and the property is now acre a lean of $200 for   the first day and $100 every day thereafter in a  follow-up meeting Mrs schaer referenced a YouTube   recording from the 12723 special magistrate  meeting wherein the code enforcement officer   stated he had seen people living in the upstairs  apartments on 51823 this was 9 months after the   fire she inquired why was the notice of violation  not issued until 11123 with this knowledge wasn't   this sufficient evidence that caution tape was on  enough and the property now represented a public   safy risk additionally she referenced a collection  of timeline entries of field notes which had been   produced by code enforcement which begins with the  following entries and they're on 518 and it talks   about individuals living in garages Sheriff's  Office talking to them kicking people out talks   about the detach garage talks about site visit  and placing caution tape doesn't say anything   about upstairs access the next one says Sheriff's  Office spoke staff a few days ago about people   living again in the detached garage they kicked  her out again she will return they cannot arrest   her unless there's an affidavit again none of this  is about upstairs stuff so she asked where was   the reference caution tape placed the answer it  was on the main entry door to the apartment unit   upstairs on the stairwell and on the attached  garage door opening why did this timeline not   include a reference to individuals going upstairs  to access the apartments if the code enforcement   officer was aware of it happening as he stated  he was in the 127 video and answer there was   no there was no field note enter reported in this  document regarding the individuals going upstairs   however in a different case number 23183 it was  created in response to this issue in the bsna   field notes for this case there is an entry dated  92723 which states staff received a complaint that   individuals are again living in the upstairs  unit units posted as unfit for human occupany   staff conducted a site visit and found no one  in the units the door along with the stairs was   taped off with caution tape staff also spoke with  cowboy who said he was not aware of anyone living   in the upstairs again the property was taped  again and additionally this was mentioned by   the code enforcement officer during the special  magistrate hearing on 12723 so it was mentioned   in case number 23-1 183 but it wasn't in the  field notes from the other case mayor thank you is that the end yes sir um Council I want to give  a public opportunity for public comment at the end   we at 9:34 I'd like to end this um as soon as  we can not have to extend time so with that uh anything in no particular order if any council  member has any comments our questions um I I have a question yes I need to go back to the um a question  about the parking lot um and Mr Keenan or   a moonut has that been resolved is he gotten  the permits he needs from the St John water I   don't think he's received did he get a permit  Brian from St John's no from the city from the   city he got a permit from City final that's  right kimley horn recommended he' get with   St John's um and I believe there's a re very  recent update since I was past that in this   investigation so I didn't add it what's the  most recent update St John's responded that   they they would not require him to have a permit  for that so he can pave over the ground that was   already there and without a permit according to  St John's um review of everything they said that   he does not require a permit um that it's um  I think they said that it drains to the road   and he wouldn't need a permit for that so I  think what we need to do is follow up with   kimle horn and see recommendations because I  heard Peg say that it causes water to go on her property but let's make a  followup with kimley horn on that that's all I just wanted to go back  to that and I just think that this you   know hopefully we have learned something from  all of this um and put Miss Peg through a lot   for the last few years um and I hope we  get to the truth and figure out how to fix it thank you mayor protim  council member Jackson Willis Davis now according to the uh timeline  on the people living in the apartment of   above the sheriff's department was called out  to there and wasn't able to remove anyone um   the notes that I see was that it wasn't  about the upstairs it was people living   in the downstairs garages in the detach garage  is that correct Brian the sheriff's department   was called out to the upstairs also um they got  with the property owner if I'm not mistaken and   asked the property owner to uh do a trespassing  so they could remove them the um um the Sheriff's   Office can't remove people is what I've been  told unless they have a trespass um they have   a form that you fill out for BCS but that wasn't  done I not that I know of okay not that I know of you're asking if was someone arrested  by our um deputies yeah removed from the   upstairs and the answer I think is  don't don't know I not that I know   of I'm not aware of anybody being removed  from there no did the property owner sign   a trespass I'm not aware that he did  or not no I thought it stated in here   would Council like uh us to look into  that and respond back to on that point yes I don't I don't know if it's going to make  a difference now but um it's been effectively   restricted access yeah yeah I'm just a little  baffled about four month period that uh someone   was having access there that shouldn't have  happened yeah it says on page 27 that they   responded didn't asked her to but she'll return  and they couldn't arrest her unless the property   owner signs an affidavit so garage was that in  the garage okay okay I see what you're saying okay and then with the situation that Mickey had  questions on if in regards to the parking area think that this information is not really equal  information because of the fact that we're dealing   with the two violations versus one or uh 116  Jackson I think we should try to compare Apples   to Apples because I don't even know when the  first one which was Cowboy filing the complaint   regarding 116 Jackson parking I have no idea  when that one was resolved it Blends into the   next one which is about the rocks and the Swale  that it was all still code enforcement case 22-   015 it was just it was just revised to know but  why would we revise that if it's two separate   complaints I guess is my question city manager  because when when a property when a property   has a notice of violation and a new set of  new piece of information comes on we become   aware of there's a new violation the you need to  capture all of it in one notice of violation so   you revise the first one to not only include what  was in the first one but now add what the the new   violation and it that process continues if more  gets added to it you revise it again so that when   you do finally take that notice of violation to  the magistrate you've got everything you you're   playing with the full deck of violations at that  point and not bunch of separate violations it's   all in one and it's got the latest and greatest  and I guess that's common practice then for municipalities in the fire one was a a separate  case uh started for that because it was a really   a separate issue and that's how code enforcement  viewed it and it was wasn't really part of Miss   scher's tenant space it was a different  tenant space I think that was the the   reason for the different case to open up for  that and is this so that um when they take   um all of the violations to the magistrate  together under one code enforcement notice   of violation is that so that when they put  a lean on there all of those things have to   be cleared before the lean is released yep  okay that makes a little more sense thank you okay thank you any other questions this time I got um let's do this let's go  back to the if you still intend to to   speak let's go back to the public and um  city clerk if you would have on multiple   's coming up uh Miss vamin actually did  two cards do we want that for each time City okay agreed thank you m Miss  Scher if you're ready was there   anyone else where she's coming up who  intends to speak again okay thank you this will be the last time that I'm coming in  front of city council about this I've done my   civic duty I've done the best I can do and I'm  not going to spend any more of my time on this   issue I just want to go ahead and state why I have  worked at this for so long it's because I love my   city I invested into my city and I want the city  to get this right here's my perception and this is   why the perception it is so there was a lot of  information LED tonight but let's go ahead and   just highlight the facts the neighbor next to  me was 758 days before he received a notice of   violation the building remained unsecured for  15 months where every vagrant in town could   access it not after one but after two fires  it was not secured first time that I was told   mistruth was um when I made a complaint in 2022  and the field note says that chairs are not in   violation Since There is five foot in front of  them mistruth number one there's no way there's   five feet in front of that chairs let's mark that  one off number two it's cleared of debris if you   guys want to sit here and think that that  was cleared of debris and then miraculously   ly it was the stuff back in there brought back out  so that I could take a picture of it well that's   going to be on you you go ahead and believe that  he was there at one Shane came he cleared that   area put everything away and then took it all  back out and time for me to get another picture   and then you have to realize that at 813 the next  day Chris Robinson emails and said we will have   Shane e either remove the appliances and damage  swing or store them in the garage if I had been   there and saw that they were cleared I'd be going  well I don't know what happened but I'll ask them   to put them back in the garage where they were but  that's not what stated stated we will have Shane   either remove the appliances and damage swing  and store them in the garage I call that Li to   you may call it whatever you like then stated the  garage door opens and closes properly written in   an email right there the garage door does not  open and closed properly let's call that Li three no field notes for available prior to  2022 nope field notes were available prior   to 2022 are we at four now how about this  one violations go to the owner we courtesy   he copy the tenants nope if I may please  have one more minute I'll be done Council   one more minute okay please okay this could  be my favorite one I don't know there's so   many but this might be my favorite one Cowboy  complained of the gravel in the Swale on 524 23 figure that one out when the gravel wasn't  l until 65 of 2023 Not only was it not done he   didn't complain about it and that is line number  five so when you ask me why I have spent so much   time to come up here and to make sure that  the council is aware of what's happening is   because from my perception that is not truthful  and you cannot trust a department an arm of the   law enforcement with this information and if we  do not get this right our city is going to have   a long road to hoe and I this will be the last  I I will not spend any more of my time working   through this I will not help this city council  anymore if we cannot simply agree that if these   are not bold face they certainly are mistru  and misleading and and the and the the 524   that that cowboy complained about the gravel I  will show you the pictures I have a picture on   61 because I sent it to the contractor and  I have a picture on 65 because he sent it   back to me saying it was done so if you want  to believe that on 524 Cowboy complain about   gravel that was never even done that then then  you go ahead and believe that but I don't and I won't thank you Miss fomin you know I don't want any of those seats I do  want everybody's ears to be open if there are   people working in our city hall and getting paid  and not doing the proper job they don't belong here I had an incident also with Cod enforcement  I got a certified letter saying I was in violation   and I came down I spoke with the powers that be  I spoke to the gentleman on the phone that said   he wrote it I told him i' be right down he left  the building I spoke with the other gentlemen   that were here they assured me that we'll get  to the bottom of this I said I'm leaving till   he comes back when he came back and when he  was questioned did he physically see what he   wrote on that piece of paper no the only  thing I wanted was a letter of apology I   know that letter even though they say it isn't  official it's official I got a certified letter he's still working here and from what I  heard tonight he's still doing the same   stuff same things that aren't true and if  he isn't suspended I'm going to be writing   the letter to Florida today and I never say  anything bad about this city what they have   done to ped is a disgrace that place was a hole  in the wall you wouldn't you wouldn't walk by CU   you get fleas she wouldn't allow people to go  in there if they were problems she turned that   place around and now the magistrates in charge  of who's going to purchase it well you know P   has the first right of refusal in her contract  and if that magistrate tries to pull any crap   and giving it to somebody else in the city that  doesn't follow the rules there'll be another   letter I think that we have trouble in River City  and I think somebody better fix it all right Todd   knows where everybody should be he shouldn't  be babysitting he came up through ranks if your   job is AB c and d and you know it's supposed  to be ABC and d and you don't even do a you   don't belong here we're 1.9 square miles miles  lots of people would like to work in a little   city I feel bad I feel bad for everybody sitting  here but I really feel B for p thank you and I   gave up my whole night of TV this amen thank  you is there anyone else that like to speak   here seeing none equal for those at home I do see  one hand raised from Mr Campbell Mr Campbell if   you are still with us and you intend on your  hand raise I'm going to go ahead and unmute you should be I'm still here can you hear me okay yes sir yeah first I'd  like I hope Miss Scher is still in the audience   please miss schaer do not give up on uh helping  make Cape canaval a better place don't don't back   away from it please continue your vigilance second  thing I'd like to say uh was a comment early on   this meeting that uh because the mayor was asking  questions he was attacking staff well I want to   make it clear and and on the record that asking  questions is fundamental to our democracy asking   what our government is doing is fundamental  to our democracy it's not an attack it's an   obligation and it's even a higher obligation for  members of the of the council it is their job to   ask the questions it is not an attack it's an  obligation next thing I'd like to talk about   is is this reference to Cowboy uh I find that  to be a little bit silly um there's apparently   a complaint that was filed a code enforcement  complaint by Cowboy so I have to assume that the   intake for that complaint included a full name  address and point of contact that's required   and I'd like to see that and quit referring to  somebody as cowboy in a in a official meeting   um there was a question about what's on a  notice of violation so I pulled up one of   my notices violation um I'm named as a respondent  the date is clearly at the top of the letter 9:24   this one's 924 2018 and in the body of the letter  it gives me 30 days so the reader of this letter   should assume that it's 30 days from the date  on the letter not when I got it 30 days from   the date in the letter so there was a question  about that that um and then i' I'd like to know   when would a tenant ever be the respondent on a  code violation I don't understand how that would   ever be uh the next point I'd like to make is this  working document discussion uh if the city doesn't   have a document management policy you should have  a document manage policy that does more than just   Purge things when you want get rid of them uh I'd  like to know is there a document managed policy   that tells how things should be marked sensitive  classified working papers this should never have   happened if you have an effective document  management system and then uh I'd also like   to be sure that there was pictures today I didn't  see any the pictures I want to make sure that all   of this information gets put in the agenda pack or  posted uh to the website I'm hoping that's going   to happen uh I believe it should so those are the  points that I want to make and thank you thank you okay it's muted I do not see any other hands  raised and no one indicating here we are at 9:54   p.m. back to the council my my final statement  uh here now hearing everyone is that um I first   of all appreciate um all hands City staff the  public certainly this Council I have a lot of   respect for each and every one of you and nobody  I think we heard wants to be in our shoes and our   city manager I think has put forth what he his  best to document think an analogy that maybe it's   something you don't I don't know if you still  maintain the three story but there's I think it   was explained Peg's side under this our side and  then the truth are we still working towards that   or I guess what is this what this is represents  how far I can go towards the truth and we've heard   Peg say she got several untruthful statements and  and while I I recognize that's a valid perception   this this is just a report of findings and these  are the answers I'm getting that from the other   side of it and some of them I I recognize it's  going to come down to well I believe this well   I believe that well sorry and that's as far as  that can go and that's not satisfying at all   and I I know that's why she's frustrated here  I also want to remind Peg and everyone that   there's a lot of good that is to come out of this  effort this is only a reporting of what happened   why it happened to the extent that we could the  recommendations that come out of this that are   going to be presented to this council at Future  meetings are going to be showing the good that   all of this painful effort has brought to  the city when we when we fix processes in   Code Enforcement we fix processes in our code we  fix processes in building department because of   these things that we've learned th those lessons  should reverberate through the future and future   generations of staff and counsel and  hopefully never have to come back and   revisit this pain Point again so there's  a lot of good to come and I just want to   make sure that this is the bad night this  is as bad as it gets it gets better from here thank you I think we've got from the  city manager's desk a piece of items five   in the original F Council voted the city manager  part there's a reason the City attorney involved   and because that's why we have him to help and  the goal was that when we saw what happened in   the real world and then when we went back we're  trying to put the pieces together and I agree   there's been a lot of issues that we found along  the way that will improve and will get better but   at some point we have to say this is what we have  and today I think some things have been clarified   and added I think we will have the opportunity in  the the next two weeks um I have made a request   and it maybe you replied about obtaining and  I brought this up at the last council meeting   access to the bsna view only with the capability  to run reports I'd like this whole Council to have   that access view only bsna Community Development  finance and any other modules that we have this   Council should have the ability to view run their  own reports that are that they're interested in   and I believe that again we can't alter one piece  of data we can only see it and use it so that we   can serve our residents better I have not been  able to get access I have not been able to get a   response about that I've emailed multiple times so  now I'm going to ask the council for your support   that we all get and give clear Direction access  to the BS a software and before doing that I'd   like to ask if you have a concern you don't  have to do it tonight please email that back   and let us all see and the second thing is that  at the meeting coming up in two weeks earlier I   think we said we're not going to have time we got  to get back to other things it is my intention   and stated in the last meeting and with Council  support that we in two weeks we bring the next   items to this Council because this issue is  so much bigger than the code enforcement in   community to these properties council member  Raymond and I clearly have had clashes but one   of the areas that we fully agreed on the first  thing out of her mouth in a strategic planning   meeting I should have stood up and applauded  the whole Council was that we've got issues   in Code Enforcement I just got off the 2009  survey and today I'm excited about the changes   but I think we have got to be ready to discuss  this at the next meeting because there is we're   at 24 hours now we've had a chance to review it  there's life safety issues in our community that   that we only looked at two properties what happens  when we look at other properties each one of us   have probably been and our neighbors on the wrong  side of Code Enforcement at some point in some   manner I certainly have and it came out and it  just it was similar to this story in a personal   story as a candidate as a citizen as an elected  official none of of them resulted in any action   from the code enforcement and those were this  story is we all have our own stories I hope this   gets all the attention it deserves between now and  the meeting and with that I'm done but I do want   to thank you Todd and all of you who work towards  this of putting this info together I hope we keep   it in front of us so my request would be that  we get bsna access uh for view only in reporting   capabilities in all modules and we have an item  for discussion or action if you're ready at the   next meeting at a minimum city manager there's a  concern I just want to repeat what I understand   I I do know that staff is working on a response to  the access issue I'm not familiar with where we on   it because I've been so focused on this but I know  staff is working on that as to what is expected at   the next city council meeting there are some  things that Council already clarified that by   consensus that you want additional information on  we can have those by that council meeting are you   also asking to have my report of recommendations  on that meeting date I want to get back to the original the the original uh 10 items no  I don't think we've put a deadline on on   any of those will have a response to all 10  items I'm not yes I'm not saying that this   thing should be done I'm saying some sort of um  update and acknowledgement of progress with the   opportunity for us to truly respond to what  you presented tonight we really haven't had   enough time to take this in tonight was a good  night to receive it and Dave has been tasked   with preparing that response to the 10 items  Dave you want to speak to that status there's   a draft circulating internally uh it's complete  so the council will get a lot to chew on looking   forward to that discussion thank you but where  we are on my recommendations is still going to   take some time for example one of the things I was  hoping to do was get on this Council May Council   agenda a a contract for Council to approve for an  independent thirdparty code enforcement person in   there to to review policies to review practices  and make findings to the city manager on best   practices Anthony I've been going back and forth  looking at this contract and and the RFP that   was for it we want to make sure we're comparing  apples and apples and I'm not sure I'll be able   to present that for Council approval on May now  because we're not quite sure we have everything   we need at this point but that will be one of  the recommendations that come out of this I just   don't know if that's going to be on the May agenda  that contract also if we do approve that contract   they will likely have additional findings  Beyond these that so the the recommendation   and the findings are going to be continuing to  come forward I'm going to be plugging the city   clerk into the code enforcement office also for  stuff on public records and official records more   findings and recommendations will be coming out  of that so the recommendations document now I'm   seeing is I can give you when I give it to you  I'll give you everything that I see that will   address everything aware of at this time but more  stuff is still going to come and we're going to   have to address that then too so this is going  to be a many month thing thank you and that's   we're on the the same page on that Council uh are  we okay with the bsna can we take consensus is   there any concerned it's I've heard that staff is  working on that I have some sort of update where   that is can you take this over can you take get  your hands around what it takes to add a user into   bsna because I've been asking for for months now  and in the face of this issue well it's very hard   to get access I will work with staff including the  City attorney to see um what concerns if any there   are and get a response to you soon by the end of  the week access obtained or a clear reason why   we are not obtaining would be my only deadline  all the findings and stuff but bsna is crucial   and I don't like that I haven't been acknowledged  and given a response I don't like that well this   has I'm very patient this was very clear by the  council this was my priority and this is what   I have been focusing on on January 24th there  were 10 items that was the first priority this came this is a piece of those I'm  not losing sight of the original 10 so this is a user access bsna I think we all  got our gifts and software some wrote programs   and and architect I don't think it's difficult  I don't know if it is or not don't think it is   and I think our it person is it's a matter of  installing it on the council computer and and   ours and I I think if it is difficult why  are we paying all that money to them it's   that one's important to me um because a lot  of this just doesn't make sense so I'm working   through it it's been a while any final  comments Council um Mr R I have comment yes may u went over so I I just um would like to say you  know these things that Peg has brought up and and   as much money and time and effort she's put into  her business you know we say we're a business   friendly Community we have to get these things  right um and I think a lot of balls were dropped   things were missing um but also you know there's  been a lot of talk lately about how Council   disrespects staff and I I don't I to me it's not  a matter of disrespect we have to ask questions we   have to ask for um things that we need um and to  me like you were saying about the bsna it takes a   long time to get people staff to respond and we're  only asking so we can make informed decisions and   get the right information an example you know at  our last meeting uh Mr Palmer was talking about   the flow chart for his department and I did not  get that and I asked if we could get it that was   the at the last meeting I haven't gotten anything  um and then the other thing was we had asked for   a report on open cases of code um violations  I never got that so it's things like that that   really frustrate us as a council me um because  then when we have people like Peg or or the people   Filmore come to us and say you know why can't we  get information we can't get the information so   and you know I want to be a cheerleader for  the staff in the city I love this city I love   everything about it but when it's hard for me to  get the right answers to let other people know   the residents and also for me to make a proper  decision on a on something anything it's it's   very frustrating so I just think that you know  we talk about respect we're elected by the people   because they put their trust in US here so we  need some respect too to get the right answers to   different things and the right papers and um you  know codes or whatever but uh that's what I just   wanted to say and um I thank the staff they do a  great job but um you know we're up here in front   of the residents and we have to have answers so so  we depend on the St for the right information and   that's what I have to say thank you thank you  council member Jackson um I agree with council   member Kellum and I know that in the past you  have mentioned that um maybe we need to look at   priorities of what we're doing and put all hands  on deck to fix these things uh some of those was   nice to have projects need to go on a back burner  until we can f figure out how we can take care of   improving our processes internally for the things  that matter and focus on our Basics that so that   we do them really well for all of our citizens  before we jump into all of these other projects   we have going because we need to be there for our  citizens make sure that we're doing a great job   they shouldn't feel all of this has been very in  informational tonight we've gotten the information   out but if it comes down to our citizens not  feeling like they can come to the city and get   their needs met when they pay for all of us  in here now very little for us but uh we've   got to do something about that and these are  people that live here this is their home and   and as we look at all of these wonderful big  huge projects that's great but you know what   if you're not doing the small basic projects  well and handling your customer service the   way that you should or where people feel  good about that then we may need to put   brakes on just hold off a little bit regroup  see what we can improve and then move forward   thank you any final comments well I'd just like  to say that uh to your point about the bsna I   would like to have total access to be able to run  whatever I needed uh so I could answer questions   on my own um but to to Brian Palmer I did go  to him and ask for training on bsna for code   enforcement and he was very willing to help me  with it and I was able to learn quite a bit but   I'm sure there's much more that I could learn  so but I I appreciate that effort um but yes we   need to see to it and I'm sure that uh the city  manager will get these things corrected thank you   ccil member Davis I just say I have faith in  the city manager and the staff so I think it   will all get resolved thank you with that city  manager attorney last word anything needed to   be stated no sir do we have I think consensus on  those two items uh I'm happy to do a formal vote   we want that but the two items one being sna a  response by the end of the week on bsna access   ideally it to have access by the end of the week  tomorrow you have access it's on your computer uh   that's I'd like to I I really needed it before  before this meeting so that I could I don't   want to keep going back and forth on stuff that  that should be in the people's hands we are the people really important to me I I I know we spoke  about this and you keep looking at me um I don't   I can't give access to bsna all I have is the  ability to to reduce what users can look at or   see I can't add I can't add access to bsna  so that's out of my hands can't add a user   I I can I don't even know if I can add a user I  can manipulate the user's access within the the   the program itself in other words I can say yes  you can look at this or yes you can adjust this   I can't actively give anybody access that's why I  sent it to um the individuals that can give that   access who is that that I sent it upstairs to  it who's it um Mike I don't Mike schaer is the   administrator access level I don't know who is  I sent it up to it so they could just they could   figure it out we'll figure this out and John  John you all the I think that's really going to   be good thank you Brian you do always communicate  and get answers back and on this one it I think   I've been patient and I think the council last  time I brought it up to emphasize this isn't   just Westby and needy over here right this is the  whole Council wants this and Mr Mayor um normally   with things of this nature it is whether we have  the licenses for us to be added um if if we don't   have those it may be um something we want to take  a look at getting a consensus right now that we   want to allow City manager to move forward with  ensuring we do have the licensing for us and if   not move forward to get that I have confirmed  I believe Brian did help provide that we have   like 130 we essentially have unlimited users we  own the software we didn't do their software as   a surface cloud computing we have it on the on the  hard drives then we should be good yeah and thank   you because you offered to help me as well and  sent me information too so I want to make sure and   that yes thank you all with that meeting adjourned