for good morning hi fine thank you good see you for Miss Moyer yes sir are you going to present these cases separately or all together today I can do them all together whatever you want to do but I just it's what okay okay so we'll do them all together then okay good okay thank you for for for [Music] I think I for for speaking in my phone up there my hearing age yeah I have I have two plan sheets and what I did was I had uh officer Moyer email you those plan sheets so that you can zoom in I see them already there spreadsheets yeah okay the mics are live just FYI [Music] follow up is the [Music] 23rd for [Music] for for e start [Music] for for [Music] for for for [Music] for [Music] for [Music] for for do we know if anyone is going to be appearing on behalf of the [Music] respondent no sir I didn't receive any cancellations or requests to reschedule and I got service process so we're still waiting yes sir okay for for this a cost that is a colorful mug we're going to give them till 10 after and then we'll begin yes sir for for for for for for for for for for I noticed that the address of the respondent is Tampa we know if they're coming from Tampa I didn't re receive any notifications that um they weren't coming we assumed that they would be here today the at least the onsite okay property manager all right are they ready upstairs for the recuit right all right ladies and gentlemen uh today uh is Thursday July 25 2024 and we are uh this is the July special magistrate meeting for the city of ID we have four cases on the agenda today they appear to be companion cases uh so we're going to consider them at least in part together uh the cases are first case is ce24 hyphen 00003 the respondent is BW Mitchell hammock llc at 3708 West Swan Avenue suet 200 Tampa Florida 33609 the parcel involved is at 140 Mitchell hammock Road in OV partial number is 22 hyphen 21 hyphen 31 hyphen 529 hyphen 00000000 hyphen [Music] 0010 the second case is the same respondent case number for that one is ce24 0000 [Music] 301 uh the address on this parcel is 160 Mitchell hammock Road o Florida 32765 the partial number is 22 hyphen 21 hyphen 31 hyphen 529 hyphen 000000 Z hyphen 0020 the third case the third case uh is the same respondent BW Mitchell hammock LLC case number is ce24 hyen [Music] 0302 uh the address on that parcel is 180 Mitchell hammock Road OV Florida 32765 the partial ID is 22 hyphen 21 hyphen 31 hyphen 520 hyphen 000000 uh hyphen 0030 the fourth parcel uh again is the same respondent BW Mitchell hammock LLC case number is CE hyphen 000033 uh the address on this one is simply Mitchell hammock Road ovita 32765 partial number is 22 hyphen 21 hyphen 31 hyphen 529 hyphen 0800 [Music] 000000 uh I it's now 11 I I'm sorry 1013 and as yet uh the respondent has not appeared so we're going to go ahead Miss Moyer what do you have for us today and Miss Moyer in light of the fact that they haven't appeared the first thing I want to establish is that they've been duly noticed so if you want to introduce whatever exhibits you have we'll go through those to make sure that they receive proper notice yes sir I have five packages to submit into evidence that have 11 pages each may I approach the bench yes all right the first package relates to uh case 24 hyphen 00003 I'm going to admit it into evidence as the city is exhibit number one the next package of exhibits is for Cas ce24 00301 going to admit it into evidence as the city's exhibit number two next package of exhibits is for case ce24 hyphen 0032 I'm going to admit it into evidence as the city's exhibit number three next exhibit I have is for K ce24 [Music] 000033 going to admit that as the city's exhibit number four and the last package I have is for case number ce24 hyen [Music] 000034 I'm going to admit it into evidence s Exhibit C is exhibit five I do have an initial question M Moyer yes sir I see four cases on the agenda the last one being z0000 z303 I do not see a z304 on the agenda yes sir maybe it was an error but it's five Parcels for that lot okay it's five Parcels for that lot so I just didn't make it to the agenda yes sir okay is it it's on there is it there okay I just missed it okay yes I see it thank you for all right first question I'd have you have for you I guess is is the violation the same for each partiel yes sir okay let's start with uh first case is 00300 uh first what notices were given M moer yes sir first three pages are the property uh record sheet showing that BW Mitchell hammock LLC still the property owner of that uh lot Pages four and five is a notice of violation sent on May 24th 2024 with a compliance date of June 5th 2024 and Page Six is a certified mail receipt for that notice yes sir page six is a certified mail receipt page seven is a signed green card okay knower they received it we did not received compliance so we issued a notice of hearing on July 1st uh 2 2024 with a scheduled hearing date for today the 25th 10:00 we did not receive any of the male correspondents back however USPS tracking shows that the notice of hearing was delivered to an individual at that address in Tampa does it say which individual though it does not have we heard anything from them since you sent them the notice of hearing I believe our public works department spoke with them our Public Works Department um spoke with them regarding it I also posted the lot with the notice that would be page 10 so it was posted yes sir okay and there's an assigned Affidavit of Po posting okay let's go to the next case which is 301 yes sir first three pages again of the property records card showing um BW Mitchell hammock LLC is still the property owner for that lot they received a notice of violation that would be Pages four and five sent on May 24th for 2024 with a compliance date of June 5th 2024 Pages six and seven it's a certified mail receipt and we have a signed green card that would be page seven property did not come into compliance so we issued a notice of hearing on July 1st of 2024 for today's hearing on the 25th 10: a.m. we did not receive any mail uh receipts back we did look at on USPS tracking it showed that it was delivered to the address and Tampa but I also ensured service by posting the the lot page 10 is a copy of the posting for the notice of hearing okay and the and the affidavit to post posted on the property yes sir was for the hearing yes sir okay okay thank you let's go on to the next one yes sir the first three pages again is the property record report printed today showing uh BW Mitchell hammock LLC is still the property owner of that lot some violations discovered so we issued a notice of violation again that was sent out on May 24th with a compli of 2024 I'm sorry with a compliance day of June 5th 2024 Pages six and seven it's a copy of the certified mail receipt and Page seven again is a signed Green Card still did not uh receive any compliance so we issued a notice of hearing July 1st 2024 for today's hearing July 25th 10:00 a.m. okay did not receive any um cards back however we did track it via USPS tracking showed that it was delivered to the Tampa address to ensure service I posted the lot which will be page 10 page 11 is the Affidavit of posting for today's hearing okay all right let's look at 303 yes sir first three pages is the property records card showing that BW Mitchell hammock LLC is still the property owner of the lot Pages four and five is a copy of the notice violation sent on May 24 2024 with the compliance date of June 5th 2024 Pages six and seven is the certified meil receipt page seven is a signed green card for the notice of violation we still do not receive compliance so we issued a notice of hearing sent on July July 1st 2024 for today's hearing July 25th 2024 at 10:00 a.m. did not receive the mail correspondence back however via US PS tracking we were able to discover that it was left with an individual at that Tampa address to ensure service I posted the lot July 2nd that's page 10 page 11 is a signed affidavit posting all right just one to go just one to go all right case uh 24304 yes sir first three pages is a copy of the property records card showing that BW Mitchell hammock LLC is still the owner of that lot discovering violations we issued a notice of violation on May 24th with a compliance date of June 5th 2024 Pages six and seven is a copy of the certified mail receipt for the notice of violation page seven is a copy of the signed green card we did not receive any compliance so we issued a notice of hearing on July 1st 2024 for today's hearing July 25th 2024 10 a.m. we did not receive the any mail correspondence but we were able to track it via USPS tracking showing that it was delivered to the address in Tampa it's page n but to ensure service we posted a lot page 10 is a copy of the notice posted on the lot page 11 is uh signed affidavit all right thank you yes sir well I'm I'm going to find as a threshold matter that all notices of violation and notices of hearing have been provided as required BYO ordinance and Florida statute uh I do not know why the respondent has not appeared but they certainly were duly noticed yes sir so what do you have for us first anyone who's going to speak today would you come to the podium all right and your name is Benjamin Williams yes sir all right would you both raise your right hands you solemnly affirm that the testimony you're about to give shall be the truth the whole truth and nothing but the truth yes sir yes sir all right then miss moer we'll begin with you what do you have for us yes sir the um evidence Mr Marcy will be presented by our public works department uh Ben Williams he's going to go over in detail the violations for all of the cases um there's going to be some photos evidence that'll be submitted to use that will correspond with the violations noted and the notices of violation Miss moer I'm having trouble hearing you with the papers rly yes sir I uh I said uh our public works department Ben benjin Williams Benjamin Williams will be presenting Benjamin Williams will be presenting on the city's behalf for the violations noted and the notices of violations there was some construction site uh issues maintenance issues that were not adhere to so Ben Williams will come up he will present to you some photos and we'll go over the violations that are in this notice of violation um for the um Land Development code okay M do me a favor Miss moer sir hand me my phone there a second I want to turn the volume down just a bit yes sir I'm getting feedback excuse me okay thank you all right Mr Williams what do you have for us yes sir uh first of all I have a packet that I would like to refer to and uh permission to bring up and submit it okay thank you and this applies to all four Parcels yes sir so all four Parcels all right I'm sorry excuse me receive this into evidence as the cities exhibit five we're up to EXC six all right go ahead so all five Parcels um the site is being constructed it's a construction project so um what they have to abide by is what they call a swep plan or erosion control plan swep plan is storm water pollution prevention plan or erosion control and those inspections are performed once a week or after every half inch rain event um so usually just it's once or twice a week during rainy season obviously more uh with that said so we we go out and we performer inspection sometimes me sometimes um other certified erosion control inspectors and we fill out a form um if you look at the package page one is that form that is filled out out and it's also provided to the contractor um so that they understand what the deficiencies are and um so that they can correct them all right just looking at the first page it looks like uh item six receiving water body adequately protected from floating turbidity barrier curtain or other approved devices you check no that means they've not done that yes that that is correct you are correct okay and the same would be true for item seven and nine same would be true for items one two 3 4 7 oh yeah I see Yes actually they've only you check yes only to number eight right they are they are basically out of compliance and um I'm try to do this in an organized manner but I may switch back and forth through pages if you don't mind um so I just wanted to submit this uh this erosion control form so that you had an idea what staff does and how they um perform the inspection or what the documentation is that's provided basically okay uh page two is uh some of the deficiencies that are um out on a site I'll give you a moment to just glance over it all right let me let me look at it all right I've looked at the photographs yes sir basically that's you know um what's going on so if you look at the first Pho photograph on page two um there is no silt fence that's a problem um the second photograph um is I believe the um construction entrance the third photograph is um basically they've worked outside the limits of disturbance and uh that is also a I believe it's contr or Wetland there so it's a it's a pretty big deal um so these are just some examples of no Sil fence which is what cordones off the entire project um and I'm going to go to the next plan in a moment but I'm just the if you go down to the second row of pictures that is what they call a DBI which is a ditch bottom Inlet it's basically covered with dirt they're supposed to be free of dirt and U protect protected or cordoned off with um silk fence and Filter Fabric within the grates depends on the design of it you'll see another picture of that curban Lit right there um this is a another DBI which is a ditch bottom Inlet the third which would be the sixth picture the third picture on the second row um which is not protected if you go down to the last row this is where you see the Filter Fabric which I mentioned to you before which is basically wrapped over the grate once it gets so much sediment and U different materials in it it tends to Sag it has to be maintained that's what you see a lack of magnets uh the last one is a curb in lit we've all seen that but there's no protection on the curb in lit um this erosion control plan is not complicated um at all and I'm going to go to the plan now so your honor if you I can barely see this but if you would like to go to the electronic plan that was provided to you it would be sheet four talk about sheet four it's numbered on the uh yes sir okay okay show me which one you're referring to yeah okay I've got it all right I was looking at the sheet numbers on the uh oh the actual plan numbers yes sir I apologize so what you see right now on sheet four is the actual erosion control plan um again that's hard to read but simplistically basically the perimeter of this is Sil fenced off and uh adjacent to where you see it says subject property that's that's that the wooded area that wooded area has to have double silt fence I can be here all day about this so I'm trying to just give you examples has to be double silap fence along that perimeter it is not and um basically they did not follow this erosion control plan this is this is what they're supposed to be following this tells them what they need to do where they need to place their bmps and then they need to maintain them that has not been done and hence is why we are here today okay so one of the violations is that from the construction site to the wooded area there should be a double silk fence yes sir there's not is there even a single there's a single but it's uh partially buried so Sil fence has to be buried to the there's a bury line on the silt fence um and once we go past this I'll show you some pictures of those examples okay so this is basically I just wanted to submit this into the record this is what we go off of to perform the inspections and this is what they're supposed to be doing uh page five is just details specific details of different applications I'm not going to go too far into that but that's just uh the second page of the erosion control plan okay if you go to if you go to picture six which should be six the big photograph yes sir um you'll see uh the area this is the lowest area on the project water flows downhill so um this silt fence is partially buried they did make an effort it's pretty wet in there they've encroached past the limits of disturbance it's not double silt fence like I said um those are the that's that's what's going on there well looks like the fence is damaged it is there yes sir yes sir okay it's been it yes actually yes right there they were uh they lost a piece of equipment in there it's pretty wet over there um so if you go to the next page page seven you'll see again adjacent the other large photo yes yes sir okay you'll see again that uh the sot fence adjacent to this wooded area as per plan should be double Sil fence it is not okay in addition to that that Sil fence is not even buried correctly so I'll show you a picture of that not it's not it has to be trenched in okay it's basically just sitting on top of the ground and it serves no purpose but a boundary the other large picture sir is uh picture eight which I believe is a duplicate so if you wouldn't mind just passing by that okay you'll you'll see on picture nine um this is where the silt fence has failed the uh you'll you see the sand like beach sand which is called silt has uh encroached past the perimeter and past the silt fence uh the silt fence is almost non-existent it's supposed to be double silt fence there there is is double silt fence but the first row of silt fence is just flat on the ground um you can also see that there is a pretty big elevation change here so water's water is rolling downhill here and it's it's moving fast so um I'm familiar with the area it's a very low area yes sir number 10 is a better picture of it I mean you don't have to work in this field to know that's wrong you can see the way that the vegetation is laid towards the wooded area that's that's how much water is going through there and and I I I also would like to say you know this is a this is a big sight it's all dirt there's nothing slowing the water down it's it's a task to keep it up it's a task to keep this up even when the site is active let alone when a sight's been put on Paw um I for the property owner or whoever to deal with the contractors to get them out there to go out after a rainy event and do an inspection to do an inspection one time a week it's it's hard it's it's even hard for me to keep up on an active site to make them do it let alone what we have going on right here but this is uh also a failed silt fence where silt has gone past the limits it's not a good thing that sil's going to have to be pulled back out put back on on the site the the sil the silt that is has gone into the low area needs to be removed yes sir yes sir if okay if you uh when you read the notice that officer moer put out it was a it was a pretty broad requirement because there are so many deficiencies out here would be here for three hours just pointing out little deficiencies little deficiencies here little so the the notice was written in a manner that you need to bring the site back to uh what was intended as the erosion control plan shows in sheet four yes now on she so it so it needs to be brought into compliance with the development permit yes sir simple as that and that's in all that respects in all respects yes sir okay go ahead sheet 11 we're almost done here sir sheet 11 um if you look back at the actual erosion control inspection form there's a item on there is this the one we're looking at right now yes sir okay item on the the on page one okay you'll see item four on page one stockpiled soil is contained and stabilized Andor stabilized this is neither just one second I'm trying to get the same come up here and show me Mr W because there's these are numbered and these are numbered which ones are we talking oh okay all right all right I see and if if you look at item four yes I see that that's a stockpile that is uh not stabilized or contain or contained and what I did was Sir these pictures are examples of the deficiencies they're not every deficiency they're just cuz we'd be here for hours going through each one of them item 12 I mean excuse me page 12 you know which one are we on now next okay I'm with you now and it would be helpful in the future if you number the pages clip off oh they're up there okay well how's that sir that's great thanks all right told officer Moyer prepared me for that um so this is a DBI it's a ditch bottom Inlet it's basically a drain box obviously it's not been maintained there's still Filter Fabric in there but it's sagging So eventually what happens is it sags so much with the weight it breaks therefore it doesn't serve a purpose anymore to keep the dirt and silt out of the storm waterer system okay the the the the silk fence around it that's what that black fence is that's silt fence it should be buried around that grade as well as a secondary means what they call a BMP best uh best management practices and and that's a drain box yes sir again these are only examples of the deficiencies question is uh has there been a pause in the construction there yes sir I noticed I saw some pictures where like a drain grate was Rusty yes they there was a pause due to uh uh the main building that they built which was the Bank building uh the company that was supposed to lease it uh pulled out so they basically don't have anyone right now to they don't have any tenants right now or any respective tenants you are correct okay um how long has it been paused probably March so I'm glad you mentioned that so we had a meeting basically I call it a Throttle Down meeting to try to deal with this situation which is something that no City wants to see kind of like similar to you know that one building was it over in maand that never got built and eventually it got built um we number one soap fence is a temporary measure it's not meant for long term and if you look at this site on page are you looking at page 12 sir is that in front of you right now yeah I have you can you can see it's a a big site of all dirt and it's it's hard to maintain all of that because once you go back to those woods um the slope is it's diving so it's it's it's just not a good situation so um but if you go to the next page page 13 okay just one second all right that's an example of silt fence not being buried that's my boot that's your foot yes sir okay um I'd say 50% of the salt fence along uh that vegetative area is not buried um I see it all the time you know you do a drive by you see the soap fence you think it's up you got to get out you got to check it you got to pull on it and you stick your boot under it see if it's the Buri so um that's that's not right it should be trenched in so it can actually stop silk and dirt from moving this silt fence is permeable so it lets water through and stops the dirt are all the violations that were considering today relate to erosion control yes sir okay what else do you have for us that's it Sir Mr Willams I'm sorry but I forgotten your title what is your title I am an engineering specialist engineering spe uh inspector in the public works department okay all right anything else for us no sir Miss Moyer you have anything else for us no sir no sir all right well I have a couple of questions I guess have have you talked to the owner of the property or just the general contractor so uh a gentleman by the name of Ben green same first name as me uh Ben green has been basically the the property owner's representative or lison he's actually an engineer I believe so but he's been trying to get things moving in the right direction and Mr Green has been the one that has been uh in correspondence in communication with both officer Moyer and I um we have also we we're also in touch with the contractor um they have I guess he's a GC out on site now uh they are attempting to bring that site back up to where it needs to be um and I actually uh stopped by that site this morning before this meeting and uh well they're not working on it right now but there has been some progress but they're still out of compliance all right all right anything anything else to come before us today all right what I'm going to do in this case uh I'm going to give them 30 days to come into Appliance compliance well I guess I should ask you Mr Williams is there is there a danger of any uh serious damage if we give them 30 days uh well the rainy season is here the silk fence is failing um and it is next to uh some sensitive uh land like a wetland or conservation eement so I believe that um that's they can get this site back up to par and and my opinion sir in two we all right I I agree if it's the rainy season also yeah let me look at the calendar here Mr Willams going to give them till August 15 to comply if they do not going to impose fines of 200 dollars a day for each day there each day thereafter yes sir all right I'll enter according an order accordingly thank you thank you m Moyer yes sir