Aug 17, 2020 Construction Board of Adjustment and Appeals Meeting

[Items 1 & 2]

[3) Minutes from July 20, 2020 reviewed for approval (Section 2)]

[4) Public information, exparte communications and identification of persons present for cases on the agenda read by Chair (Section 1)]

[00:01:39]

THANK YOU MR. CHAIRMAN AND BOARD MEMBERS IN ORDER TO FURTHER MITIGATE THE TRANSMISSION OF THE CORONOVIRUS, THE BOARD OF COUNTY COMMISSIONS HAS ADOPTED PROCEDURES TO USE REMOTE PARTICIPATION SO THE PUBLIC HAS A MEANING TO COMMENT IN THE MEETING WITHOUT PHYSICALLY ATTENDING. ALL INTERESTED PARTIES WERE PROVIDED WRITTEN NOTICE OF THE PROCEDURES AND IT CAN BE FOUND ON THE WWW.SJCFL.US. THE PUBLIC WILL BE ABLE TO COMMENT ON TELEPHONE OR BY STREAMING POSTED ON THE COUNTY'S WEBSITE.

THE TELEPHONE NUMBER TO CALL IN IS 904-209-1265. NOTICE OF THESE PROCEDURES LEAD INCLUDING THE TELEPHONE NUMBER HAS BEEN POSTED ON THE WEBSITE AND IDENTIFIES THE AUDITORIUM AT 500 SAN DEBASTION VIEW, SAINT AUGUSTINE, FLORIDA FOR AN ADDRESS FOR THOSE WHO DO NOT WANT TO ATTEND REMOTELY. PEOPLE MAYBE LISTENING TO NOT PROVIDE COMMENT IS ARE NOT REQUIRED TO IDENTIFY THEMSELVES. PLEASE NOTE THIS MEETING IS BEING RECORDED FOR THOSE OF YOU CALLING IN TO COMMENT, IF YOU RECEIVE A BUSY SIGNAL, PLEASE CALL BACK.

IN ADDITION CONTINUE TO WATCH GTV OR STREAM ON THE WEBSITE WHILE YOU'RE COMMENTS BECAUSE A THREE MINUTE TIMER MAY BE VISIBLE TO YOU. HOWEVER PLEASE MUTE OR LOWER THE VOLUME ON YOUR TV OR MONITOR TO AVOID FEED BACK AND PLEASE MUTE ON THE PHONE WHILE YOU'RE WAITING TO COMMENT. YOU WILL EXPERIENCE 5 TO NINE SECONDS OF DELAY UP TO 30 SECONDS. IF WE EXPERIENCE TECHNICAL DIFFICULTIES WE WILL STOP AND THEN RESUME. MATERIALS HAVE ALSO BEEN PROVIDED TO INTERESTED PARTIES ALONG WITH THE ADDRESS AND E-MAIL ADDRESS JUST SUBMIT MATERIALS IN ADVANCE OF THE MEETING AND A TELEPHONE NUMBER, ADDRESS AND E-MAIL FOR ADDITIONAL INFORMATION AND THAT CONCLUDES MY COMMENTS MR. CHAIRMAN. THANK YOU.

>> THANK YOU MR. BULTHUIS. IF A PERSON DECIDES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THE MEETING, THEY MAY NEED TO ENSURE A VERBATIM RECORD IS MADE.

THIS INCLUDES THE TESTIMONY AND EVIDENCE UPON COME OF THE EVIDENCE IS BASED.

GIVING DETAILS IS ON PERMANENT RECORD OF THE SAINT JOHN'S BUILDING.

IF THERE'S ANYONE ON THE BOARD WHO HAS HAD EX PARTE COMMUNICATION ON THIS AGENDA,

[5) Board Attorney swears in representatives testifying.]

[00:05:12]

FIRST? WE WILL GO AHEAD AND STAY IN ORDER BECAUSE I DON'T THINK ANYBODY HAS CALLED IN YET. SO IT WILL BE THE FIRST CASE, 100 PARK AVENUE.

[6) Old Business]

THE BOARD HEARD THIS CASE ON NOVEMBER 18TH. 2019 WHERE THE BOARD FOUND THEM IN CONTINUED VIOLATION AND ORDERED THE RESPONDENT TO CORRECT THE VIOLATIONS SUBMITTING THE PROPER DOCUMENTATION OF THE STRUCTURE BEING A QUALIFIED HISTORICAL STRUCTURE AND SUBMITTING THE VARIANCY 10.032 E AND THE DISCONTINUANCE OF THE NONCONFORMING ISSUES. THE PROPERTY OWNER SUBSEQUENTLY DECIDED TO WITHDRAW HIS HISTORICAL APPLICATION AND HIS STATUS, HOWEVER HE DID FOLLOW THE ENGINEEING'S DOCUMENTS IN ORDER TO BRING THE LEVEL OF THE STRUCTURE DOWN. YOUR BOARD ORDER IS EXHIBIT A.

AND THAT BOARD ORDER WAS SIGNED FOR ON DECEMBER 5TH. AND THAT'S EXHIBIT B.

EXHIBIT C IS THE FIRST PICTURE IS THE ONE I WANTED TO SHOW YOU THE CONDITION OF THE BUILDING BEFOREHAND WHEN HE DIDN'T DO ANYTHING. AND THEN THE SECOND PAGE IS THE ENGINEER'S REPORT WHICH HIGHLIGHTED WHERE THEY RECOMMENDED THEY TAKE DOWN THE SIX TO 10 COURSES REMOVED BY HAND. AND THE FINAL COUPLE PAGES IS WHERE HE HAD DONE THAT. I SPOKE WITH BUBBA AND HOWARD AND THEY BOTH FEEL THAT THE STRUCTURE HE DID WHAT THEY WERE SUPPOSED TO DO TO BRING IT DOWN TO A MANAGEABLE LEVEL SO THE STRUCTURE IS NO LONGER UNSAFE. SO, A NOTICE OF HEARING COMPLIANCE HEARING WAS SENT CERTIFIED MAIL AND SIGNED FOR ON JULY 17TH, 2020. THAT'S EXHIBIT D, THREE PAGES IN YOUR PACKET. THE COUNTY RECOMMENDS YOU FIND THIS PROPERTY IN COMPLIANCE AND REMOVE THE CASE FROM FURTHER BOARD ACTION. DO YOU HAVE ANY QUESTIONS FOR

ME? >> THANK YOU MS. TROXELL. ANY QUESTIONS OR CONCERNS?

IF THERE'S NO QUESTIONS OR CONCERNS, WE NEED A MOTION. >> MR. CHAIRMAN, JOHN RUGGERI, I WOULD LIKE TO MAKE A MOTION, ON CASE 19-01, 100 PARK AVENUE. I MAKE A MOTION TO FIND THE RESPONDENT IN COMPLIANCE WITH ORDINANCE 2000-28 SECTION 202 UNSAFE BUILDING AND DISMISS THE

CASE FROM FURTHER BOARD ACTION. >> THANK YOU. DO WE HAVE A SECOND?

>> MR. CHAIRMAN. I SECOND THE MOTION. >> THANK YOU MR. LANNI.

SECOND ON THE MOTION. WE HAVE A MOTION AND SECOND. FOR CASE 19-01.

ALL IN FAVOR SAY AYE. >> AYE. ANY OPPOSED?

MOTION CARRIES UNANIMOUSLY. YOU READY FOR THE NEXT CASE? >> I THINK WE'RE GOING TO ASK TO SKIP CASE NUMBER B, WHICH IS CASE 1905. SHE'S SUPPOSED TO CALL IN.

SO WE WANT TO WAIT. MAYBE SHE'S RUNNING LATE GETTING THE PHONE CALL IN.

IF YOU DON'T MIND, WE WILL SKIP TO OLD BUSINESS C 1906. SO THIS CASE IS 19-06, 3225, 322 NINE. THE BOARD HEARD THE CASE AND ORDERED THE COUNTY TO ABATE THE VIOLATION AND THAT'S GOING TO BE EXHIBIT A, TWO PAGES IN YOUR PACKET.

THE RESPONDENT HAD BEGUN REMOVING THE STRUCTURE VOLUNTARILY AS FUNDS WERE AVAILABLE, WE WENT ON AHEAD AND MONITORED AS SHE WAS DOING THAT. THEN SHE FINALLY COMPLETED THAT.

[00:10:06]

THE PHOTOGRAPH IN YOUR PACKET WAS TAKEN BY MY AND AN ACCURATE REPRESENTATION OF THE CONDITIONS OF THE PROPERTY AT THE TIME IT WAS TAKEN. I SENT A NOTICE OF COMPLIANCE HEARING TO HER AND SHE SIGNED FOR THAT ON AUGUST 7TH, 2020. THAT'S EXHIBIT C, 3 PAGES IN YOUR PACKET AND THE COUNTY RECOMMENDS THAT YOU FIND THIS PROPERTY IN VOLUNTARY COMPLIANCE

AND DISMISS THE CASE FROM FURTHER BOARD ACTION. >> AND QUESTIONS FOR ME?

>> THANK YOU, DOES THE BOARD HAVE QUESTIONS OR CONCERNS? IF THERE ARE NO QUESTIONS OR

CONCERNS WE NEED A MOTION. >> MR. CHAIRMAN. SPEAKING OFF MIC.

>> THANK YOU FOR THAT MOTION MR. HULSBERG. DO WE HAVE A SECOND?

>> MR. CHAIRMAN, JOHN RUGGERI, SECOND THE MOTION. >> THANK YOU MR. RUGGERI.

ALL IN FAVOR SAY AYE. >> AYE. >> ANY OPPOSED? MOTION CARRIES UNANIMOUS. NEXT ONE. I'M GOING TO GO TO THE OLD BUSINESS D. AND THAT CASE NUMBER IS 20-1 AND IT'S 134 TANIGER ROAD.

THE BOARD ORDERED THE COUNTY TO ABATE THE HAZARDOUS STRUCTURE. EXHIBIT A IN YOUR PACKET.

THREE PAGES, JUST TO REMIND YOU, THIS WAS THE METH LAB AT 134 TANIGER ROAD.

CATHLEEN AND PATRICIA RYAN. THE ORDER WAS SENT VERIFIED MAIL AND SIGNED ON APRIL 24TH AND 25TH. THAT'S EXHIBIT B IN YOUR PACKET. WE RECEIVED AN APPLICATION FOR SAMPLING FROM METH LAB CLEAN UP COMPANY. THAT'S EXHIBIT C.

FOUR PAGES IN YOUR PACKET WHERE WE AUTHORIZED THEM TO ENTER THE PROPERTY TO SAMPLE IT.

THE STRUCTURE WAS SOLD TO LUKE AND LINDA THATCHER ON JUNE 1ST, 2020.

THAT'S GOING TO BE EXHIBIT D IN YOUR PACKET. THAT'S TWO PAGES.

AND THEN WE RECEIVED AND APPROVED AN APPLICATION FOR REMEDIATION AND DECONTAMINATION.

THAT'S EXHIBIT E, SIX PAGES. WE RECEIVED THE FINAL CLEARANCE REPORT FROM LAW ENVIRONMENTAL SHOWING THE STRUCTURE WAS FIT FOR HABITABLE USE. EXHIBIT F 13 PAGES IN YOUR PACKET. THE NOTICE OF COMPLIANCE HEARING WAS SENT CERTIFIED MAIL ON AUGUST 5TH AND THE SERVICE APPEARED TO BE DELAYED AND AN ELECTRONIC DELIVERY NOTICE WAS SENT AND SIGNED FOR BY LUKE THATCHER. ON AUGUST 12TH, 2020.

EXHIBIT G, THREE PAGES IN YOUR PACKET. THE COUNTY RECOMMENDS YOU MAKE A MOTION TO FIND THE STRUCTURE IN COMPLIANCE AND RELEASE THE CASE FROM ANY FURTHER BOARD ACTION AND ORDER THE STRUCTURE FIT FOR HABITABLE OCCUPANCY. DO YOU HAVE ANY QUESTIONS FOR

ME? >> THANK YOU MS. TROXELL. DOES THE BOARD HAVE QUESTIONS OR CONCERNS? ANY DISCUSSION? IF NOT, WE NEED A MOTION.

MR. CHAIRMAN. >> BILL LANNI, LIKE TO MAKE A MOTION IN CASE 20-1, 134 TANIGER ROAD. I MAKE A MOTION THE RESPONDENT IS IN COMPLIANCE WITH THE ILLEGAL DRUG CONTAMINATION, CHAPTER TWO SECOND 202 UNSAFE BUILDING AND RELEASE THE

STRUCTURE FOR HABITABLE USE. >> THANK YOU MR. LANNI. DO WE HAVE A SECOND?

>> MR. CHAIRMAN, MR. CLAY. I SECOND. >> WE HAVE BOARD AND SECOND FOR

[00:15:02]

20-1. ALL IN FAVOR A AYE. >> AYE.

>> ANY OPPOSED? MOTION CARRIES. MS. TROXELL.

FOR THE CASE NUMBER 19-05. I THINK IT WAS ABOUT TWO WEEKS AGO, SHE HIRED MY COMPANY TO TRY TO LOCATE THE SEPTIC SYSTEM FOR THIS PROPERTY. SO I JUST WANT TO LET EVERYBODY

KNOW THAT I HAD TALKED TO HER PREVIOUS BEFORE THIS. >> OKAY.

MR. CHAIRMAN. IF YOU COULD INQUIRE, HAVE YOU BEEN ENGAGED FOR THAT SERVICE?

HAVE THEY HIRED YOU FOR THAT? >> IT WAS JUST A SERVICE CALL TO FIND THE SEPTIC SYSTEM.

ONE OF MY GUYS DID IT. IT'S NOT THERE. SO WE REALLY DIDN'T FIND

ANYTHING. >> OKAY. DO YOU HAVE ANY EXPECTATION YOU

WILL BE HIRED IN THE FUTURE FOR WORK ON THIS SITE? >> I WOULD EXPECT TO GIVE A BID,

YES. >> I'M NOT SURE IF MR. DOBSON -- >> SPEAKING OFF MIC.

AND I THINK YOU COULD STILL PRESIDE, BUT PROBABLY BEST IF YOU DIDN'T VOTE BECAUSE OF THE POTENTIAL APPEARANCE OF CONFLICT. MR. DOBSON INDICATES THERE'S A FORM YOU NEED TO FILL OUT AND PROVIDE TO THE COMMISSION ON ETHICS.

THAT WOULD BE MY RECOMMENDATION AS WELL.

. >> I WILL ABSTAIN. THANK YOU.

MS. TROXELL, DID SHE CALL IN? >> NO. BUT WE WILL GO AHEAD.

SO THIS CASE IS 19-05. IT IS 9297 OLD A. AND THE BOARD HAS HEARD THE CASE SEVERAL TIMES OVER THE LAST YEAR. ON JUNE 15TH, 2020, THE BOARD FOUND THE PROPERTY IN CONTINUED VIOLATION AND ORDERED THE RESPONDENT TO CORRECT THE VIOLATIONS BY OBTAINING THE PERMITS REQUIRED BY LAW TO REPAIR OR REMOVE THE STRUCTURE BY AUGUST 1ST. THAT WILL BE EXHIBIT A IN YOUR PACKET.

FOUR PAGES. THE BOARD ORDER WAS SENT CERTIFIED MAIL AND THE SIGNATURE WAS NOT OBTAINED. IT WAS RE-SENT AND SIGNED FOR ON AUGUST 7, 2020.

EXHIBIT B TWO PAGES IN YOUR PACKET. THE RESPONDENT E-MAILED MY OFFICE ON JULY 30TH, REQUESTING INFORMATION ON CONTACTING THE BUILDING OFFICIAL AND OUR RESEARCH SHOWED NO OTHER ACTION FROM THE BOARD SIGNED ORDER OF JUNE 15TH HAD BEEN COMPLIED WITH AND I ASKED TO RESPONDENT TO SHARE THIS INFORMATION WITH THE BOARD AT THE NEXT HEARING.

ON AUGUST 5, 2020. THE RESPONDENT E-MAILED OUR OFFICE AND ADVISED A CONTRACTOR WOULD START PERMITTING THE PROJECT ON FRIDAY, AUGUST 7, 2020.

THAT'S EXHIBIT C IN YOUR PACKET. ON AUGUST 11TH, 2020, THE CONTRACTOR DAVID KESSLER WENT WITH MYSELF, CHARLES CRANE AND HOWARD WHITE TO GO OVER WHAT WOULD BE REQUIRED FOR PERMITTING AND THE E-MAIL RECAP WAS SENT BY HOWARD WHITE TO THE CONTRACTOR AND TO RESPONDENT AS A FOLLOW UP. THE RESPONDENT FOLLOWED UP AND LEFT A VOICE MAIL WHICH WAS REPLIED TO GIVING FOR INSTRUCTIONS VIA TELEPHONE AND G TV.

THAT'S EXHIBIT D, THREE PAGES IN YOUR PACKET. BASED ON THE CONVERSATION THAT WE HAD WITH THE CONTRACTOR, THE COUNTY RECOMMENDS THAT WE CONTINUE THE CASE AND ORDER THE RESPONDENT TO REAPPEAR BEFORE YOU ON SEPTEMBER 1ST, 2020, TO HEAR ADDITIONAL INFORMATION AS TO COMPLIANCE AND ALLOW THE CONTRACTOR TO SUBMIT THE REQUIRED DOCUMENTS FOR PERMITTING. DO YOU HAVE ANY QUESTIONS FOR ME?

>> THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS?

ABOUT THIS PROPERTY ON OLD A 1 A. >> I DO.

MR. WHITE, HAS ANY PERMITS BEEN ISSUED OR APPLIED FOR APPLICATIONS? ANYTHING AT THIS POINT? GOOD EVENING, MR. RUGGERI, THROUGH THE CHAIRMAN, I WOULD BE

[00:20:05]

YOUR QUESTION? >> NO. TO DATE THERE HAS NOT BEEN ANY PERMITS. HOWEVER I WILL TELL YOU THAT MS. TROXELL AND OTHER PEOPLE IN MY DEPARTMENT SPENT A GREAT DEAL OF TIME WITH MISS ANDERSON AND HER CONTRACTOR OVER THE LAST SEVERAL WEEKS. TO BE PERFECTLY FRANK, I AM NOT WITH STANDING ANY EXTENDUATING CIRCUMSTANCES. I AM DISAPPOINTED SHE DID NOT CALL IN.

WE HAVE TRIED TO BRING A LAYOUT TO PROVIDE CLOSURE TO THE PROPERTY.

I UNDERSTAND TO A DEGREE OF DIFFICULTY AT THE SITE LOCATION. WE HAVE WORKED EXTENSIVELY TO TRY TO ASSIST NOT ONLY MS. ANDERSON BUT ANY OF HER CONTRACTORS AND SUB CONTRACTORS THAT HAVE COME TO US. WE BELIEVE WE'RE AT A POINT WHERE THE PROOF FRANKLY IS IN THE PUDDING. AND WE FEEL LIKE IF WE PROVIDE A ONE FINAL EXTENSION IF I WILL, OF COURSE IT WOULD BE THE BOARD'S DECISION THAT WE CAN BEGIN TO MAKE SOME PROGRESS AND TO YOUR SPECIFIC QUESTION, MR. RUGGERI, PULL SOME PERMITS AS WE MOVE FORWARD.

MS. TROXELL DID INCLUDE MY LETTER TO THE CONTRACTOR AND COPIED TO MISS ANDERSON.

I WAS VERY SPECIFIC AND CAUTIONARY TO MISS ANDERSON AND THE CONTRACTOR ABOUT A, WHAT THEY NEED TO INVESTIGATE AND LOOK INTO, AND B, WHAT WE NEED AS FAR AS PERMITTING AT A MINIMUM STANDARD. I HOPE THAT ANSWERS YOUR QUESTION, MR. RUGGERI, THROUGH

THE CHAIR. >> YES, THANK YOU. >> DO WE HAVE MORE QUESTIONS?

IF THERE ARE NO QUESTIONS, WE NEED A MOTION FROM THE BOARD. >> MR. CHAIRMAN, JOHN RUGGERI, I WOULD LIKE TO MAKE A MOTION ON 19-05. 9297 OLD A 1 A.

I MAKE A MOTION TO FIND THE RESPONDENT IN CONTINUED VIOLATION OF THE ORDINANCE AND CONTINUED UNTIL SEPTEMBER 1ST, 2020, HEARING. THE RESPONDENT IS HEREBY ORDERED TO APPEAR BEFORE THIS COURT ON SAID BY DATE AND THE COURT ORDERS THIS RESPONDENT TO HAVE THE REQUIRED DOCUMENTATION SUGGESTED BY THE ST. JOHNS COMPLIANCE OFFICE.

>> THANK YOU MR. LANNI. WE HAVE A MOTION AND A SECOND FOR CASE 19-05, 9297 OLD A 1 A.

ALL IN FAVOR SAY AYE. >> AYE. AND -- I AM NOT VOTING TONIGHT ON THIS. I ABSTAIN. MOTION CARRIES.

[7) New Business]

ANYTHING ELSE MS. TROXELL? >> NO, SIR. >> ANYTHING ELSE MR. BULTHUIS.

ANYTHING FROM THE BOARD? >> DID THE OCC MEET ABOUT OUR APPOINTEES LAST MONTH OR HAVE

THEY MET? >> MR. CHAIRMAN, TO ANSWER THE QUESTION, WE ARE PREPARING MATERIALS FOR THE AGENDA ITEM AND GET ON THE NEXT POSSIBLE AGENDA.

>> I WAS GOING TO TRY TO BE THERE TO HEAR IT OUT. >> WELL, IN THAT CASE, I WILL

TRY TO LET YOU KNOW THE DATE IT GETS SET FOR. >> IS THAT GOOD?

>> ANYTHING ELSE? ADJOURN THE MEETING AT 4:23.

* This transcript was compiled from uncorrected Closed Captioning.