10-31-19 Special Called CESM MeetingMINUTES
An rj
Special Called Code Enforcement Special
Magistrate Meeting
ftlir Thursday, October 31, 2019 - 10:00 AM
Commission Chamber
Present: Jeb Branham, P.A., Special Magistrate Presiding
Angela Irizarry, Code Enforcement Officer
Lori Diaz, Deputy City Clerk
1. CALL TO ORDER
Magistrate Branham called the meeting to order at 10:00 AM.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
None.
3. APPROVAL OF MINUTES
None.
4. ADMINISTRATION OF OATH
Magistrate Branham administered the Oath to the attendees - staff, respondents, and witnesses.
5. OLD BUSINESS
None.
6. NEW BUSINESS
A. CASE #: 14-00000980 * (*Homesteaded Property)
NAME: Andrew Stelzmann and Wells Fargo Home Mortgage
ADDRESS: 196 AND 198 Poinsettia Street,Atlantic Beach, FL 32233
VIOLATION:
Unsafe stairs, overgrown yard, roof soffit falling, roof deteriorating.
TESTIFIED:
Mr. Andrew Stelzmann, Respondent
Ms. Regina Kozlowski, Century 21 Lighthouse Realty (RE Agent for Wells Fargo)
Mr. John Wallace, of Lewis, Longman& Walker(Attorney presenting the hearing)
Ms. Angela Irizarry, COAB Code Enforcement Officer
Mr. Dan Arlington, COAB Building Official
Mr. Geoff Gartner, Alexander Grace Consulting
ACTION:
Order issued by Special Magistrate Branham was done and executed on November 4,
2019, which is attached and made part of this Official Record as Attachment A.
Attachment A
Code Enforcement Special Magistrate
October 31,2019
7. ADJOURNMENT
There being no further discussion, Special Magistrate Branham declared the meeting adjourned
at 11:45 AM.
NOTE: A verbatim transcript of this meeting is attached and made part of this
Official Record as Attachment B.
Attachment B
Attest:
Aims . _
ori t 1az, Deputy Ci' Cle k Je :ranham, P.A., Special Magistrate
Date Approved -/ ' 'Cod- Sl 202"°
Code Enforcement Special Magistrate
October 31,2019
ATTACHMENT A
October 31, 2019 Minutes
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner
vs.
Andrew Stelzmann, Served Via First Class and Certified Mail
196 Poinsettia Street Return Receipt Requested to
Atlantic Beach, Fl 32233 7017 1000 0000 6991 1978
and
Wells Fargo Home Mortgage Served Via First Class and Certified Mail
Attn: Property Preservation Return Receipt Requested to
1 Home Campus 7017 1000 0000 6991 1596
Des Moines, Ia 50328
Respondents Property Address: 196 & 198 Poinsettia St.
Atlantic Beach, Fl
CASE NUMBER: 14-00000980
REAL.ESTATE NUMBER: 170636-0500 and 170630-0510
LEGAL DESCRIPTION: 10-16 21-2S-29E, SALTAIR SEC 3, BOTH HALVES OF LOT 684,
ATLANTIC BEACH, FL
ORDER ON CASE NO. 14-00000980
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate
on October 31, 2019 pursuant to the Order to Vacate and Demolish Property and Notice of
Hearing issued by Building Official Dan Arlington on October 16, 2019, and the Special
Magistrate having heard testimony under oath, received evidence, and heard arguments
respective to all appropriate matters, issues Findings of Fact, Conclusions of Law, and Orders
as follows::
FINDINGS OF FACT
1. Respondent Wells Fargo Home Mortgage owns the property located at 198
Poinsettia Street, Atlantic Beach, Florida.
2. Respondent Andrew Stelzmann owns the property located at 196 Poinsettia Street,
Atlantic Beach, Florida.
3. The Order to Vacate and Demolish Property and Notice of Hearing (hereinafter
Order to Vacate and Demolish) was sent to both Respondents by certified mailing,
hand delivery to Mr. Stelzmann, and posting on the property.
4. Regina Kozlowski, a real estate agent with Century 21 Lighthouse Realty, appeared
at the hearing on behalf of Respondent Wells Fargo.
ATTACHMENT A
October 31 , 2019 Minutes
5. Respondent Andrew Stelzmann appeared at the hearing.
6. The property located at 198 Poinsettia has been the subject of code enforcement
violations, fines, and fine reductions since 2014.
7. Wells Fargo acquired 198 Poinsettia by a certificate of title issued on or about July 1,
2019.
8. 196 and 198 Poinsettia is a two-unit townhouse structure with each unit owned
independently.
9. The structure is wood-framed, three stories tall, and consists of two 14' wide by 28'
long rectangles that are set against one another and share approximately 1/3 of the
28' long side.
10.The two units of the structure support one another. 196 Poinsettia would not be
adequately supported standing on its own without 198 Poinsettia due, at least in part,
to its height combined with the narrow width it would have as a free-standing
structure.
11.The prior owner of 198 Poinsettia, Wayne Douglas Scott,had abandoned the
property by at least 2016.
12.The condition of the 198 Poinsettia property has steadily deteriorated since it was
abandoned.
13. 198 Poinsettia was found to be unfit for human occupancy in August 2016.
14. Wells Fargo's property manager retained structural engineer Geoff Gartner of
Alexander Grace Consulting, Inc. to inspect 198 Poinsettia on August 8, 2019.
15. Gartner found that the structural failure of 198 Poinsettia was imminent.
16. Hurricane Dorian passed offshore of Atlantic Beach on or about September 5, 2019.
Hurricane Dorian's winds did not exceed 40 mph in Atlantic Beach.
17.Following Hurricane Dorian's pass, additional damage at 198 Poinsettia was
observed. This damage included the loss of a wall and the collapse of a floor such
that a refrigerator fell through the floor.
18. Gartner inspected 198 Poinsettia again on September 25, 2019 and October 2, 2019.
19. Gartner found that 198 Poinsettia has now suffered substantial structural damage,
and under the Florida Building Code, the entire structure at 196 and 198 Poinsettia
must brought up to compliance with the current Florida Building Code if 198
Poinsettia were to rebuilt or demolished.
20.Atlantic Beach Building Official Dan Arlington has inspected 198 Poinsettia on
numerous occasions, including after Hurricane Dorian's pass and shortly before this
hearing.
21. Arlington testified that both 196 and 198 Poinsettia were in imminent danger of
collapse in a high wind event. Arlington defined a high wind event as winds of 75
mph or above.
22.Arlington testified that 198 Poinsettia poses a flying debris hazard in a high wind
event.
23. Gartner testified that 198 Poinsettia could collapse at any time.
24. Gartner testified and explained in his reports that when 198 Poinsettia collapses, the
pull on the units' shared wall is likely to significantly damage 196 Poinsettia, and if
the shared wall between the two units is compromised, the entire structure would
collapse due to the floor systems of both units bearing on the shared wall.
2
ATTACHMENT A
October 31 , 2019 Minutes
25. Gartner testified that 196 Poinsettia could remain standing for months or perhaps
years, although a risk of collapse is imminent due to the risks to 196 Poinsettia posed
by 198 Poinsettia's condition and imminent collapse.
26. 198 Poinsettia poses a risk to nearby persons and property in a high wind event due
to the flying debris that will be dislodged from it, that is already loose, or that will
become loose.
27.The collapse of 198 Poinsettia poses a substantial risk of compromising the structure
of 196 Poinsettia such that 196 Poinsettia will become unsafe to occupy at some
unknown time in the future if it is not permanently shored.
28. 196 Poinsettia will be unsafe to occupy during any demolition of 198 Poinsettia and
will remain so until such time as 196 Poinsettia is temporarily and then permanently
shored.
29.The structure remaining at 198 Poinsettia cannot be repaired.
30.By Building Official Arlington's Order issued on October 16, 2019, Respondent
Stelzmann has been ordered to vacate 196 Poinsettia, and both Respondents have
been ordered to demolish their respective structures. Arlington's Order did not
specify a time for compliance.
CONCLUSIONS OF LAW
31.Fla. Stat. § 162.08(5) and Atlantic Beach Code § 2-149(5) authorize the Special
Magistrate to issue orders commanding whatever steps are necessary to bring a
violation into compliance.
32.The City of Atlantic Beach has, via Code § 6-120, adopted the International Property
Maintenance Code (hereinafter IPMC) and incorporated it into its ordinances.
33. 198 Poinsettia is dangerous to life, health, property, and the safety of the public in
violation of§ 108.1.1 of the IPMC due to the likelihood of partial or complete collapse.
34. 196 Poinsettia is also dangerous to life, health, property, and the safety of the
occupants in violation of§ 108.1.1 of the IPMC due to the imminent collapse of 198
Poinsettia and the risk that the collapse of 198 Poinsettia will trigger the partial or
complete collapse of 196 Poinsettia.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to
the authority granted in Chapter 162, Florida Statutes and the Code of Ordinances of the City
of Atlantic Beach, Florida, it is ORDERED:
35. Wells Fargo must submit a plan to bring 198 Poinsettia into full compliance with
Atlantic Beach's code of ordinances no later than November 25, 2019. The plan must
be submitted to Code Enforcement as well as all other departments that must issue any
building or demolition permits that are necessary to implement the plan. If the plan
includes demolition of 198 Poinsettia, it must provide for temporary and permanent
shoring of the remaining structure so that it is safe for habitation and fully complies
with Atlantic Beach's Code of Ordinances and the Florida Building Code.
3
ATTACHMENT A
October 31 , 2019 Minutes
36. If Respondent Wells Fargo fails to submit its plan on time, a fine of$125 per day shall
accrue until such time as it submits its plan.
37.Respondent Wells Fargo must complete its plan and have 198 Poinsettia in full
compliance with Atlantic Beach's Code of Ordinances no later than February 3, 2020.
38. If Respondent Wells Fargo fails to complete its plan and have 198 Poinsettia in full
compliance with Atlantic Beach's Code of Ordinance no later than February 3, 2020,
a fine of$125 per day shall accrue until such time as Wells Fargo completes its plan or
the City of Atlantic Beach demolishes 198 Poinsettia.
39.Respondent Stelzmann must vacate 196 Poinsettia upon the commencement of any
demolition of 198 Poinsettia and must remain out of 196 Poinsettia until such time as
it is adequately shored, whether temporarily or permanently.
40. If Respondent Wells Fargo fails to comply with this Order, Petitioner City of Atlantic
Beach is authorized, but is not obligated, to demolish 198 Poinsettia as early as
February 4, 2020. If the City of Atlantic Beach proceeds with demolition of 198
Poinsettia and it determines that permanent shoring of 196 Poinsettia is not feasible or
is economically wasteful, then the City of Atlantic Beach may proceed to demolish
both 196 Poinsettia and 198 Poinsettia.
41. If the City of Atlantic Beach proceeds to demolish both 196 and 198 Poinsettia,
Respondent Stelzmann must vacate 196 Poinsettia within 30 days of receiving written
and posted notice from the City of Atlantic Beach to vacate but in no event will the
City of Atlantic Beach order Respondent Stelzmann to vacate before February 4, 2020.
42. Respondent Wells Fargo shall be responsible for all costs incurred by the City of
Atlantic Beach associated with enforcing or carrying out this order, including
demolition and shoring, even if such costs pertain to 196 Poinsettia.
DONE,AND ORDERED THISday of November 2019.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATTEST:
Lori Diaz, Deputy ' lerk Jey'T. Branham, Special Magistrate
Executed this 114 day of November, 2019.
PLEASE NOTE: Florida Statutes,
Section 162.11, states that an appeal of
this order shall be filed in circuit court
within thirty (30) days of this order's
execution.
4
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October31,2019
3
1 PROCEEDINGS
CITY OF ATLANTIC BEACH
October 31, 2019 10:00 a.m.
2
CODE ENFORCEMENT
SPECIAL MAGISTRATE HEARING
3 SPECIAL MAGISTRATE: Good morning.
4 Calling to order the Special Magistrate
Videotaped proceedings held on Thursday,
5 Code Enforcement hearing for the City of
October 31, 2019, before the Honorable Jeb T. Branham,
6 Atlantic Beach. Today is October 31st, 2019.
Special Magistrate, commencing at 10:00 a.m., at
7 It is 10 a.m.
City Hall, 800 Seminole Road, Commission Chambers,
8 My name is Jeb Branham. I'm the special
Atlantic Beach, Florida.
9 magistrate and I'll be presiding over the
10 meeting.
PRESENT: 11 I'm going to begin by just going over some
JOHN W. WALLACE, Esq., Lewis, Longman s Walker. 12 of the basic procedures that we'll be
DAN ARLINGTON, COAB, Building Official. 1 3 following.ANGELA IRIZARRY, COAG, Code Enforcement Officer.
GEOFF GARTNER, Alexander Grace Consulting, Inc. 14 This meetinggoverned byFloridaREGINAKOZLOWSKI, Century 21 Lighthouse Realty. is
15 Statutes, Chapter 162, and the Atlantic Beach
16 Code of Ordinances. Those are the basic laws
17 that govern what we're doing. There are other
18 laws that also govern what we're doing.
19 I make my decisions based upon a
20 preponderance of the evidence. So that is
21 whether it is more likely than not that any
22 contested fact is correct.
23 The City of Atlantic Beach bears the
24 burden of proof in these proceedings. The
25 parties to the matter that we're here on this
Diane M.Tropia,Inc.,Post Office Box 2375,Jacksonville,FL 32203
904)821-0300
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1 INDEX
1 morning are the City of Atlantic Beach,
2 2 Mr. Andrew Stelzmann, and Wells Fargo Home
3 Mortgage.
3
4 Is Mr. Stelzmann present?
4 5 AUDIENCE MEMBERS: (No response.)
6 SPECIAL MAGISTRATE: Is a representative
5 CASE NO: 14-00000980
7 of Wells Fargo Home Mortgage present?
6 NAME: Andrew Stelzmann and Wells Fargo Home 8 MS. KOZLOWSKI: Yes. Well, not mortgage,
Mortgage 9 but --
7
ADDRESS: 196 and 198 Poinsettia Street, Atlantic
10 SPECIAL MAGISTRATE: Wells Fargo?
8 Beach, Florida 32233 11 MS. KOZLOWSKI: Yes.
12 SPECIAL MAGISTRATE: And can you state
9 13 your name for the record, please?
10 14 MS. KOZLOWSKI: Regina Kozlowski.
11 15 SPECIAL MAGISTRATE: Do you plan on giving
12
13
16 testimony today?
14 17 MS. KOZLOWSKI: If I have to, I guess.
15 18 SPECIAL MAGISTRATE: Okay. The first
16 19 thing I'd like to do is, if you are planning on
17
18 20 giving testimony today, could you please raise
19 21 your hand?
20 22 AUDIENCE MEMBERS: (Comply.)
21
222 23 SPECIAL MAGISTRATE: All right. So I'm
23 24 going to swear all the witnesses who are
24 25 planning on giving testimony in right now, and
25
Diane M.Tropia,Inc.,Post Office Box 2375,Jacksonville,FL 32203
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ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October 31,2019
5 7
1 you're taking an oath to tell the truth. If we 1 that the City of Atlantic Beach will present
2 have other witness who are not sworn in that we 2 their case, and then -- you're one of the
3 need to call later, during the order of 3 respondents in this action, along with Wells
4 proceeding, we'll do that. 4 Fargo. You will also have an opportunity to
5 So all witnesses who are planning on 5 put on whatever evidence that you want to put
6 giving testimony, please raise your hand. 6 on. Both of you will have an opportunity, if
7 AUDIENCE MEMBERS: (Comply.) 7 you want to, to cross-examine any witnesses
8 SPECIAL MAGISTRATE: And answer the 8 that the City calls, and the City may also
9 question: Do you swear or affirm that the 9 cross-examine the respondents. So it's -- it
10 evidence you are about to give will be the 10 works very much like a trial.
11 truth, the whole truth, and nothing but the 11 And can you give me your name, please?
12 truth? 12 MR. WALLACE: John Wallace, Lewis, Longman
13 AUDIENCE MEMBERS: (Respond 13 & Walker, and I will be presenting the hearing
14 affirmatively.) 14 today.
15 SPECIAL MAGISTRATE: Thank you. 15 SPECIAL MAGISTRATE: Excellent.
16 Audience member enters the proceedings.) 16 I will announce a decision at the end of
17 SPECIAL MAGISTRATE: Are you 17 the hearing today. I will not provide a
18 Mr. Stelzmann? 18 written decision at the end of the hearing, but
19 AUDIENCE MEMBER: Yes, I am. 19 later I will issue a written decision, but I
20 SPECIAL MAGISTRATE: Mr. Stelzmann, my 20 will announce what my decision is. It will be
21 name is Jeb Branham. I'm the Special 21 followed up with a formal written decision that
22 Magistrate over Code Enforcement -- 22 will be served on the parties to the
23 MR. STELZMANN: Okay. 23 proceeding.
24 SPECIAL MAGISTRATE: -- for the City of 24 Evidence. We're not strictly following
25 Atlantic Beach. I'm running the hearing today.25 the Florida Rules of Evidence, but they are a
Diane M.Tropia, Inc., Post Office Box 2375,Jacksonville,FL 32203 Diane M.Tropia,Inc.,Post Office Box 2375,Jacksonville,FL 32203
904)821-0300 904)821-0300
6 8
1 We just got started, but just went over some 1 general guideline to what we are doing here.
2 basics about the hearing, which is that it's 2 If you -- if any party disagrees with my
3 governed by Florida Statute, Chapter 162, and 3 decision, there are appeal rights. You have
4 the Atlantic Beach Code of Ordinances. 4 the right to request a rehearing from the City
5 Do you plan on giving testimony today? 5 Clerk. That has to be done in writing within
6 MR. STELZMANN: Testimony on what? 6 ten days of the execution of my written order.
7 SPECIAL MAGISTRATE: On the Code 7 In addition to being able to request a
8 Enforcement matter that's -- 8 rehearing, you can also appeal my decision to
9 MR. STELZMANN: Yes. 9 the Circuit Court for Duval County, Florida.
10 SPECIAL MAGISTRATE: So I swore the 10 That must be done within 30 days of the
11 witnesses in. I'm going to swear you in as 11 execution of my written order. Those are very
12 well. 12 important deadlines. If they're missed, then
13 MR. STELZMANN: Okay. 13 you lose your appeal rights.
14 SPECIAL MAGISTRATE: Can you raise your 14 Let me also remind everyone here that the
15 right hand, please? 15 meeting is being recorded and it is also being
16 MR. STELZMANN: Sure. 16 live-streamed. If you have a cell phone, this
17 Complies.) 17 is probably a good time to make sure you've got
18 SPECIAL MAGISTRATE: Do you swear or 18 your ringer off. If you do need to take a
19 affirm that the evidence you are about to give 19 call, I ask that you step outside and take your
20 will be the truth, the whole truth, and nothing 20 call outside of the meeting.
21 but the truth? 21 The precise matter that we are here on
22 MR. STELZMANN: Yes. 22 concerns structures located at 196 and 198
23 SPECIAL MAGISTRATE: All right. So you're 23 Poinsettia Street in Atlantic Beach, Florida.
24 pretty well caught up. 24 Those structures, according to the record, are
25 The first stage of these proceedings is 25 owned by Mr. Andrew Stelzmann and Wells Fargo.
Diane M.Tropia, Inc.,Post Office Box 2375,Jacksonville,FL 32203 Diane M.Tropia,Inc.,Post Office Box 2375,Jacksonville,FL 32203
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ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October 31,2019
9 11
1 The issue is whether there is an imminent 1 Fargo took title to that structure.
2 danger of failure of -- collapse of the 2 In the course of the City speaking with
3 structures, whether that endangers life and the 3 Wells Fargo concerning the condition of 198,
4 occupants of the structure. So, in other 4 Wells Fargo engaged an engineer to perform a
5 words, is the structure dangerous such that it 5 study of the -- of 198. He performed an
6 is unfit for continued use. 6 inspection and subsequently issued an
7 With that being said, the City may begin. 7 engineering report. That report was issued in
8 MR. WALLACE: Thank you, Judge. 8 approximately -- in mid August.
9 Just order of business, I have copies of 9 Subsequent to that report being issued,
10 the updated agenda, and -- do you have the 10 Hurricane Dora [sic] passed by. And due to the
11 updated agenda that was sent out last night? 11 weather that we had there, 198 became further
12 SPECIAL MAGISTRATE: I do, yes. 12 dilapidated and the engineer was asked to do a
13 MR. WALLACE: Mr. Stelzmann, do you have a 13 follow-up inspection report. He did so, and
14 copy of the agenda? This has the exhibits that 14 concluded that, due to the nature of the
15 I'll be referring to throughout the 15 dilapidation of 198 Poinsettia, it was in
16 presentation. 16 imminent danger of collapsing, and he concluded
17 MR. STELZMANN: All right. 17 that its collapse would also potentially cause
18 Thank you. 18 the collapse of 196 Poinsettia.
19 MR. WALLACE: And this is numbered. The 19 And so that is basically how we're -- why
20 actual exhibits should be numbered in there. 20 we're here today.
21 Tenders document to Mr. Stelzmann.) 21 The engineer also concluded that, while
22 We will be referring to those numbers. 22 you could probably correct any problem if you
23 Judge, would you like a brief overview or 23 threw enough money at it, in this situation the
24 do you just want me to go directly to the 24 structure is so far -- 198 is so far gone, that
25 witness? 25 it would be extremely expensive to correct it
Diane M.Tropia, Inc., Post Office Box 2375,Jacksonville, FL 32203 Diane M.Tropia, Inc., Post Office Box 2375,Jacksonville, FL 32203
904)821-0300 904)821-0300
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1 SPECIAL MAGISTRATE: I think a brief 1 and to shore up 196. And, in any event, it
2 overview would be helpful, particularly for the 2 would be impossible to do anything to shore up
3 members of the audience. 3 196 while Mr. Stelzmann is still in 196 because
4 MR. WALLACE: Okay. So 196 -- and what 4 it would be simply too dangerous to do so.
5 you'll hear today is that 196 and 198 5 So what we will be asking for is an order
6 Poinsettia Street are a -- basically, a duplex, 6 requiring Mr. Stelzmann to vacate 196, and then
7 although the ownership of 196 and 198 are in -- 7 we will be asking Your Honor to issue an order
8 obviously, two different people. The typical 8 either requiring the demolition of the two
9 situation with a duplex is that they would be 9 structures or requiring Mr. Stelzmann and the
10 owned by a single owner. 10 bank to come to some agreement as to how they
11 This is a relatively tall structure. It's 11 will proceed to shore up -- to take 198 down
12 a three-story structure. It's approximately 12 and shore up 196.
13 28 feet tall. Each of the individual units is 13 So with that, I will call Ms. Angela
14 three stories, and basically the structure is 14 Irizarry, Code Enforcement officer for Atlantic
15 divided down the middle. 15 Beach.
16 What I believe you will hear is that, due 16 Ms. Irizarry approaches the podium.)
17 to the construction of this building, each side 17 MR. WALLACE: Could you introduce
18 is dependent on the other. They share a common 18 yourself?
19 wall; 198 is tied into 196 through a common 19 MS. IRIZARRY: Hello.
20 wall. And, unfortunately, over the last 20 My name is Angela Irizarry.
21 several years 198 Poinsettia has fallen into a 21 MR. WALLACE: And you're the Code
22 severe state of disrepair. It was complicated 22 Enforcement officer in Atlantic Beach?
23 by a foreclosure on 198 Poinsettia. That 23 MS. IRIZARRY: Yes, I am.
24 foreclosure concluded earlier this year, the 24 MR. WALLACE: How long have you been with
25 spring, early summer of this year, and Wells 25 Atlantic Beach?
Diane M.Tropia, Inc., Post Office Box 2375,Jacksonville, FL 32203 Diane M.Tropia, Inc.,Post Office Box 2375,Jacksonville,FL 32203
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ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October31,2019
13 15
1 MS. IRIZARRY: For one year. 1 MR. WALLACE: And is that the Notice of
2 MR. WALLACE: Now, we're here on a Notice 2 Violation that was issued in May of 2014 for
3 of Violation with regard to 196 and 198 3 198 Poinsettia Street?
4 Poinsettia Street. Could you just generally 4 MS. IRIZARRY: Yes, it is.
5 describe the structure, 196/198 Poinsettia? 5 MR. WALLACE: Did the Notice of Violation
6 MS. IRIZARRY: 196 and 198 is a 6 marked as Exhibit 3 proceed to hearing for the
7 three-story duplex structure that has a shared 7 Code Enforcement Board of Atlantic Beach?
8 load-bearing common wall that goes down the 8 MS. IRIZARRY: Yes, it did.
9 middle of the buildings. 9 MR. WALLACE: What was the outcome of that
10 MR. WALLACE: Okay. I'm going to show you 10 hearing?
11 Exhibit 1. Could you take a look at it and 11 MS. IRIZARRY: A Code Enforcement order
12 tell me what this is and -- this is going to be 12 was issued giving the defendant until
13 on Page 150 and 151 of the agenda packet. 13 January 2nd to complete repairs to the
14 MS. IRIZARRY: This is the warranty deed 14 building. And if not, fines would be imposed
15 confirming ownership of 196 to Mr. Andrew 15 in the amount of $250 per day.
16 Stelzmann. 16 MR. WALLACE: Who was the owner of 198
17 MR. WALLACE: Okay. Is that the document 17 Poinsettia Street at that time?
18 that you relied on to determine Mr. Stelzmann 18 MS. IRIZARRY: Wayne -- or Scott -- Wayne
19 owned 196 Poinsettia Street?19 Douglas Scott.
20 MS. IRIZARRY: Yes, it is. 20 MR. WALLACE: I'm going to hand you
21 MR. WALLACE: I'm going to give you 21 Exhibit 4. Exhibit 4 is -- should immediately
22 Exhibit 2. Could you review Exhibit 2 and tell 22 follow Exhibit 3 in the agenda packet. Could
23 me what it is? And this -- Exhibit 2 is going 23 you take a moment and review that document?
24 to be at Page 177 of the agenda packet. 24 MS. IRIZARRY: (Complies.)
25 MS. IRIZARRY: This is the Certificate of 25 Okay.
Diane M.Tropia, Inc.,Post Office Box 2375,Jacksonville,FL 32203 Diane M.Tropia, Inc.,Post Office Box 2375,Jacksonville, FL 32203
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1 Title issuing ownership of 198 Poinsettia to 1 MR. WALLACE: Would you identify it for
2 Wells Fargo. 2 us?
3 MR. WALLACE: Okay. Is that the document 3 MS. IRIZARRY: Yes. This is the order
4 you relied upon in establishing Wells Fargo as 4 imposing fine on this property.
5 the owner of 198 Poinsettia Street? 5 MR. WALLACE: And that is the order that
6 MS. IRIZARRY: Yes, it is. 6 was issued subsequent to the hearing on the
7 MR. WALLACE: When was -- well, 198 7 Notice of Violation marked as Exhibit 3?
8 Poinsettia Street has been the subject of a 8 MS. IRIZARRY: Correct.
9 number of Code Enforcement proceedings, 9 MR. WALLACE: Subsequent to the issuance
10 correct? 10 of the order marked as Exhibit 4 --
11 MS. IRIZARRY: Correct. 11 MS. IRIZARRY: This is actually an earlier
12 MR. WALLACE: When was 198 Poinsettia 12 order, I apologize.
13 first cited? 13 MR. WALLACE: Okay.
14 MS. IRIZARRY: In April of 2014. 14 MS. IRIZARRY: This was an earlier order
15 MR. WALLACE: Okay. And then was it -- 15 from 2014. Fines were not imposed at that
16 was a follow-up Notice of Violation issued in 16 time. Fines were actually finally imposed in
17 May of that same year?17 2017. There's a later order dated November
18 MS. IRIZARRY: Yes, it was. 18 18th.
19 MR. WALLACE: Okay. I'm going to hand you 19 MR. WALLACE: November 18th of what year?
20 Exhibit 3. This is, excuse me, Pages 7 through 20 MS. IRIZARRY: Of 2016.
21 10 of the agenda packet. Could you take a 21 MR. WALLACE: Okay. So just to clarify
22 moment to review Exhibit 3? And let me know 22 the record, Exhibit 4 -- could you tell us the
23 when you've finished. 23 date of Exhibit 4?
24 MS. IRIZARRY: (Complies.) 24 MS. IRIZARRY: This is dated November 17,
25 Okay. 25 2014.
Diane M.Tropia, Inc.,Post Office Box 2375,Jacksonville,FL 32203 Diane M.Tropia, Inc., Post Office Box 2375,Jacksonville, FL 32203
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ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October 31,2019
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1 MR. WALLACE: And that is the order that 1 $250 per day if it was not in compliance by
2 was first associated with the Notice of 2 January 2nd.
3 Violation that is Exhibit 3? 3 MR. WALLACE: Did that order find
4 MS. IRIZARRY: Correct. 4 violations of all of the provisions cited in
5 MR. WALLACE: Okay. I'm going to hand you 5 Exhibit 5?
6 Exhibit 5. This is Pages 42 through 44 of the 6 MS. IRIZARRY: Yes, it did.
7 agenda packet. Could you take a moment and 7 MR. WALLACE: Were the repairs and -- the
8 review Exhibit 5? 8 repairs ordered by the order marked as
9 MS. IRIZARRY: (Complies.) 9 Exhibit 6 undertaken?
10 Okay. 10 MS. IRIZARRY: No.
11 MR. WALLACE: Could you tell us what 11 MR. WALLACE: All right. I'm going to
12 Exhibit 5 is?12 hand you a document that is marked as
13 MS. IRIZARRY: This is a Notice of 13 Exhibit 7. Exhibit 7 is Page 68 of the agenda
14 Violation that was issued in August -- 14 packet. Would you just take a moment and
15 August 5th, 2016, following up on the case. 15 review that document?
16 MR. WALLACE: Okay. And who was that 16 MS. IRIZARRY: (Complies.)
17 Notice of Violation issued to? 17 Okay.
18 MS. IRIZARRY: Wayne Douglas Scott. 18 MR. WALLACE: Could you identify
19 MR. WALLACE: And what violations were 19 Exhibit 7?
20 listed in Exhibit 5? 20 MS. IRIZARRY: This is a memo that was
21 MS. IRIZARRY: They were cited for the 21 issued to our files and to our record regarding
22 structure being unfit for human occupancy; for 22 198, in which the building official, Dan
23 the walking service of the stairs being unsafe;23 Arlington, documented his opinion that the --
24 for the property being a vacant structure and 24 198 Poinsettia was no longer repairable and
25 not being maintained; for weeds on the 25 that it needed to be demolished.
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1 property; for violations of protractive 1 MR. WALLACE: What is the date of
2 treatment, which is the paint that protects the 2 Exhibit 7?
3 wood surfaces; for the exterior walls being 3 MS. IRIZARRY: March 7th, 2019.
4 rotted, having rotten wood siding and a rotten 4 MR. WALLACE: Could you read the full text
5 soffit; for the roof being in disrepair; for 5 into the record?
6 the stairs having no anchors; for the structure 6 MS. IRIZARRY: It says:
7 being a nuisance and overall dilapidated. 7 Background, 196 and 198 Poinsettia Street
8 MR. WALLACE: Did the Notice of Violation 8 are each one-half of a townhouse-type
9 marked as Exhibit 5 go to hearing? 9 structure. The structure was built in 1983.
10 MS. IRIZARRY: Yes, it did. 10 It is a three-story, wood frame structure and
11 MR. WALLACE: And what was the outcome of 11 does not appear to comply with current building
12 the hearing on Exhibit 5? 12 codes regarding fire resistance rated and
13 MS. IRIZARRY: This is the hearing where 13 structurally independent separation walls.
14 they were given until January 2nd of 2017 to 14 Based on my on-site inspections of 198
15 correct all of these violations or fines would 15 Poinsettia, one-half of the two-unit townhouse
16 be imposed in the amount of $250 per day. 16 structure -- the wood-framed walls, floors,
17 MR. WALLACE: Okay. I'm going to hand you 17 ceiling assemblies and roof -- are moisture
18 a document marked as Exhibit 6. Could you take 18 damaged and deteriorated past the point of
19 a moment and review that document? 19 repair and must be demolished at least down to
20 MS. IRIZARRY: (Complies.) 20 the slab.
21 Okay. 21 When demolished, the existing adjacent
22 MR. WALLACE: Could you identify Exhibit 6 22 196 Poinsettia will have to be protected from
23 for us?23 damage, supported where needed, and the newly
24 MS. IRIZARRY: This is the Code 24 exposed wall made weatherproof, complying with
25 Enforcement order that imposed those fines of 25 the Florida Building Code.
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City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October 31,2019
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1 Please contact me if you have any 1 hands, that -- that was basically the
2 questions. 2 foreclosure went through and the sale?
3 Dan Arlington. 3 MS. IRIZARRY: Correct.
4 MR. WALLACE: And that was a memorandum to 4 MR. WALLACE: I am going to hand you what
5 the file?5 has been marked as Exhibit 9. Could you take a
6 MS. IRIZARRY: Correct. 6 moment and review that? Exhibit 9, excuse me,
7 MR. WALLACE: Just backing up a little 7 is Pages 76 through 80 of the agenda packet.
8 bit, could you just quickly thumb through 8 MS. IRIZARRY: (Complies.)
9 Exhibits 1 through 7 and tell us whether all of 9 Okay.
10 those exhibits are certified copies of records 10 MR. WALLACE: Could you tell us what
11 of the City of Atlantic Beach? 11 Exhibit 9 is?
12 MS. IRIZARRY: So all but the warranty 12 MS. IRIZARRY: This is a Code Enforcement
13 deed. 13 order reducing the fines on the property from
14 MR. WALLACE: And -- 14 $230,000 down to $5,000.
15 MS. IRIZARRY: And that is certified by 15 MR. WALLACE: And why were those fines
16 the City of Jacksonville. 16 reduced to $5,000?
17 MR. WALLACE: Okay. And the Certificate 17 MS. IRIZARRY: The City was trying to make
18 of Title, is that also certified by the Clerk 18 the property more viable for an investor to
19 of Court for Duval County, Florida? 19 purchase it and someone who would purchase the
20 MS. IRIZARRY: Yes, it is. 20 property and do the repairs or do the
21 MR. WALLACE: Okay. I'm going to give you 21 demolition.
22 a document marked as Exhibit 8. Exhibit 8 is 22 MR. WALLACE: Subsequent to the issuance
23 Pages 71 through 73 in the agenda packet.23 of the order marked as Exhibit 9, were you
24 Could you take a moment and review Exhibit 8? 24 in contact with the representatives from
25 MS. IRIZARRY: (Complies.) 25 Wells Fargo concerning the state of 198
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1 Okay. 1 Poinsettia Street?
2 MR. WALLACE: Do you recognize that 2 MS. IRIZARRY: Yes.
3 document? 3 MR. WALLACE: And could you just summarize
4 MS. IRIZARRY: Yes, I do. 4 those discussions for us?
5 MR. WALLACE: And what is it? 5 MS. IRIZARRY: From the time Wells Fargo
6 MS. IRIZARRY: This is a violation notice 6 took title to the property, we notified them
7 sent to Wayne Douglas Scott ordering him to 7 that an order was outstanding on the property
8 demolish and -- the property at 198 Poinsettia. 8 to be demolished. Wells Fargo agreed to the
9 MR. WALLACE: What is the date of 9 demolition. They were -- their hands were tied
10 Exhibit 8? 10 until they actually took ownership of the
11 MS. IRIZARRY: April 26th, 2019. 11 property, after the foreclosure went through.
12 MR. WALLACE: At that time, had any of the 12 And then once the foreclosure occurred, they've
13 various corrective actions that had been 13 taken steps to try to move forward in that
14 ordered by the Code Enforcement Board for 14 direction.
15 198 Poinsettia Street been undertaken? 15 MR. WALLACE: What was the actual date
16 MS. IRIZARRY: No, they had not. 16 that Wells Fargo took title to 198 Poinsettia
17 MR. WALLACE: Did that document, that 17 Street?
18 notice ever go to hearing before the magistrate 18 MS. IRIZARRY: The Certificate of Title is
19 or the Code Enforcement Board? 19 issued on January 19th, 2019. Sorry, the
20 MS. IRIZARRY: Wayne Douglas Scott was 20 action -- the foreclosure action was on
21 noticed for hearing and then the property 21 June 19th, 2019, and the Certificate of Title
22 changed hands to Wells Fargo. We did take this 22 was recorded on July 1st.
23 property to hearing to review the fines on the 23 MR. WALLACE: 2019?
24 property. 24 MS. IRIZARRY: 2019.
25 MR. WALLACE: When you say it changed 25 MR. WALLACE: All right. So at some point
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1 did Wells Fargo engage an engineer to perform 1 MR. WALLACE: Now, between the initial
2 an analysis of 198 Poinsettia Street?2 report that's marked as Exhibit 10 and the
3 MS. IRIZARRY: Yes, they did. 3 subsequent report marked as Exhibit 11, what
4 Initially, they contracted with an 4 happened?
5 engineer in August of 2019. 5 MS. IRIZARRY: Hurricane Dorian occurred
6 MR. WALLACE: And what was the name of the 6 and caused the structure to deteriorate even
7 engineer? 7 more.
8 MS. IRIZARRY: Geoff Gartner. 8 MR. WALLACE: Okay. I am going to hand
9 MR. WALLACE: I'm going to show you 9 you -- pardon me. Have you, yourself, been to
10 Exhibit 10. This is going to be Pages 103 10 196 and 198 Poinsettia Street?
11 through 116 of the agenda packet. Could you 11 MS. IRIZARRY: Yes, I have.
12 take a look at Exhibit 10 and let me know when 12 MR. WALLACE: When were you last there?
13 you finish? 13 MS. IRIZARRY: October 28th.
14 MS. IRIZARRY: (Complies.) 14 MR. WALLACE: I am going to hand you
15 Okay. 15 what's been marked as Exhibit 12. These are a
16 MR. WALLACE: Do you recognize that 16 series of photos. They are on Pages 181
17 document? 17 through 200 of the agenda. Could you take a
18 MS. IRIZARRY: Yes, I do. 18 moment and review those? And those are
19 MR. WALLACE: What is it? 19 double-sided, I apologize for that.
20 MS. IRIZARRY: This is the initial report 20 MS. IRIZARRY: (Complies.)
21 of findings that was issued by the engineer 21 Okay.
22 regarding 198 Poinsettia. 22 MR. WALLACE: Now, what is the date of the
23 MR. WALLACE: And what is the date of that 23 first page of -- the photo on the first page of
24 report? 24 that packet?
25 MS. IRIZARRY: August 15th, 2019. 25 MS. IRIZARRY: October 17th, 2016.
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1 MR. WALLACE: And who did you receive 1 MR. WALLACE: Okay. Could you take a look
2 that -- or did you receive a copy of that 2 at the -- all of the subsequent pages and tell
3 report? 3 me what their dates are?
4 MS. IRIZARRY: Yes, I did.4 MS. IRIZARRY: There's one photo dated
5 MR. WALLACE: Who did you receive it from? 5 April 11th, 2019, and the rest are
6 MS. IRIZARRY: Geoff Gartner. 6 October 28th, 2019.
7 MR. WALLACE: I'm going to show you what I 7 MR. WALLACE: The photos within
8 have marked as Exhibit 11. This exhibit is 8 Exhibit 12, dated October 28th, 2019, were you
9 Pages 119 through 149 of the agenda packet. 9 present when those photographs were taken?
10 Could you take a moment and review Exhibit 11? 10 MS. IRIZARRY: Yes, I was.
11 MS. IRIZARRY: (Complies.) 11 MR. WALLACE: Do they accurately reflect
12 Okay. 12 the condition of 198 Poinsettia Street on
13 MR. WALLACE: Do you recognize it?13 October 28th, 2019?
14 MS. IRIZARRY: Yes, I do. 14 MS. IRIZARRY: Yes, they do.
15 MR. WALLACE: What is it? 15 MR. WALLACE: Nothing further.
16 MS. IRIZARRY: This is the report of 16 SPECIAL MAGISTRATE: Are you going to be
17 findings that was issued by Geoff Gartner on 17 calling Mr. Arlington?
18 October 2nd, 2019, regarding 198 and 196 18 MR. WALLACE: I will be.
19 Poinsettia. 19 SPECIAL MAGISTRATE: Okay. I don't have
20 MR. WALLACE: Okay. Did you also receive 20 any questions for Ms. Irizarry.
21 a copy of that document? 21 MR. WALLACE: So either --
22 MS. IRIZARRY: Yes, I did. 22 SPECIAL MAGISTRATE: Yeah, I'll ask him.
23 MR. WALLACE: And who did you receive that 23 So either Wells Fargo or Mr. Stelzmann,
24 from? 24 you have the opportunity to ask Ms. Irizarry
25 MS. IRIZARRY: From Geoff Gartner.25 questions. Would you like -- would either of
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City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
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1 you like to do that? 1 side would easily catch fire.
2 MR. STELZMANN: Yes. 2 Today's standards on firewalls are much
3 SPECIAL MAGISTRATE: Okay. Why don't you 3 higher, whereas if one side of a multi-property
4 start? 4 unit or duplex, triplex, quadriplex, whatever,
5 MR. STELZMANN: Okay. Do I --5 caught fire, the others would not catch fire.
6 SPECIAL MAGISTRATE: Please come up to the 6 So the other very important part that this
7 podium, yes. 7 report failed to point out is, the two
8 Mr. Stelzmann approaches the podium.) 8 structures -- my side and his side are exactly
9 SPECIAL MAGISTRATE: And when you come up, 9 the same. They're not mirror images like the
10 just state your name for the record, and ask 10 other townhomes within the Salt Air
11 her the questions that you would like to ask 11 neighborhood. Basically, one is like -- like
12 her. 12 this on the other (indicating). It's --
13 MR. STELZMANN: Sure. 13 they're exactly the same, except one is turned
14 Andy Stelzmann, 196 Poinsettia Street. 14 around on -- on the side.
15 I've read the findings and exhibits -- and 15 Now, one-third of the shared wall is the
16 exhibits also. This has been an ongoing 16 only part that's critical. That's the middle
17 problem since the gentleman owned the place. 17 third. That's the only part that I share with
18 Everything you said is in accordance to what 18 the other side. And I seriously doubt, if they
19 was -- has been going on. 19 tore down the -- I believe it's the northern
20 When the gentleman was owning the 20 half of the unit, which is 198, it would not .
21 property, I even went to him and informed him 21 have any effect on my side because ever since
22 of the fact that there were holes in the roof, 22 1983, the outer third, the third that is his --
23 manhole-size holes in the roof. And this is 23 his balcony, his outside second floor balcony,
24 what's causing the deterioration of the 24 has been standing fine. If they tore that
25 property, basically, in a nutshell. 25 down, it would not affect my side at all.
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1 Unfortunately, he did nothing, as you realize, 1 SPECIAL MAGISTRATE: Mr. Stelzmann, I'm
2 the exact behavior. When you issued him all 2 going to stop you for just a second.
3 these warnings and citations, he did exactly 3 MR. STELZMANN: Okay.
4 nothing.4 MR. WALLACE: Just two points of order.
5 So now that Wells Fargo owns it, since 5 One, I know we're less formal here, but I
6 June of this year, they came to me and told me 6 would object, based upon -- there's been no
7 that it is possible to demolish their side 7 showing that he has the scientific background
8 without affecting my side. So I agree with 8 to render those opinions. And, two, if we're
9 everything in this report except for the fact 9 getting into testimony versus cross-examination
10 that demolishing that side would affect my 10 of the witness, I just want to -- just how you
11 side. I don't agree with that, and I can give 11 handle that. I'm not --
12 you reasons why if you'd like me to. 12 SPECIAL MAGISTRATE: Yeah. So going
13 SPECIAL MAGISTRATE: Please. 13 forward, if you have an objection, just object
14 MR. STELZMANN: Okay. The building was 14 like you would in court.
15 built in 1983. It did not -- as far as the 15 And as a party, Mr. Stelzmann, you have
16 firewall back in those days, it did not have 16 the same right to object as well, and I'll deal
17 the same standards of today's firewalls. I'm 17 with them.
18 not an expert on firewalls, but I did talk with 18 So the first -- the second point is well
19 several construction people on firewalls. 19 taken, which is that -- when the City finishes,
20 The existing firewall is basically about 20 you'll have an opportunity to say everything
21 15 inches, maybe 20 inches apart. It has 21 that you want to say. Right now, do you have
22 scattered studs. You refer to them as "zipper 22 any questions for Ms. Irizarry?
23 studs," I think, in your report. And there's 23 MR. STELZMANN: Nothing specific, no.
24 insulation. So it's not a highly effective 24 SPECIAL MAGISTRATE: Okay. How much
25 firewall. If one side caught fire, the other 25 longer do you need to just fully state your
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1 side of the case? 1 him a few basic questions about his
2 MR. STELZMANN: Maybe five minutes. 2 qualifications and what the sources of the
3 SPECIAL MAGISTRATE: I'll tell you what 3 opinions are, those kinds of things, and I will
4 we'll do, since we're about halfway through 4 take that as to the weight of his testimony.
5 with it, I'm just going to let him state his 5 MR. WALLACE: Understood.
6 side of things, and then I'll give him an 6 SPECIAL MAGISTRATE: Okay.
7 opportunity to say anything more when the City 7 MR. STELZMANN: But the -- but the point
8 finishes. If there's any other 8 that I'm trying to hone in on is the fact that,
9 cross-examination, we'll keep a tighter window 9 if you completely demolish his side, like in a
10 on it. 10 special way -- and I've talked with many
11 So -- I expect the City of Atlantic Beach 11 building contractors. They've done this
12 is going to call several more witnesses, so 12 before, where there's -- whether it's a duplex,
13 you'll get an opportunity to cross-examine 13 whether it's a triplex, it's a very special --
14 then, but that -- that'll -- I'll limit that 14 specialized type of demolition and it takes
15 part to just questions. 15 longer and it's more expensive because you
16 Does that make sense? 16 can't -- you can't just come in with a backhoe
17 MR. STELZMANN: Sure. 17 and completely demolish the place. You have to
18 SPECIAL MAGISTRATE: Okay. So go ahead. 18 be very specialized in how you take apart the
19 MR. STELZMANN: Okay. So if you look at 19 boards, how you take apart everything in there.
20 the blueprints which were created in 1983 and 20 But the point I'm trying to hone in on is,
21 if you superimpose my side to the side that's 21 the first third and the last third, no effect
22 at question today, the only shared wall is the 22 will take place because the only thing that's
23 middle third wall. The first third -- the only 23 shared is the balcony on his side, and the
24 thing that we have in common is my balcony on 24 balcony -- the back third is his balcony. So
25 his side. So if you tear down his side, it's 25 if you do anything there, it's not going to
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1 not going to affect my balcony. Now, all they 1 affect my side. And then the first third is my
2 have to do is keep that wall -- 2 balcony. If you do anything there, all you
3 MR. WALLACE: I object again for lack 3 have to do is keep that wall, that three-story
4 of -- there's been no demonstration that he has 4 wall.
5 the expertise necessary to render that opinion. 5 The only critical part is the middle
6 SPECIAL MAGISTRATE: I understand. So 6 third, and I seriously doubt anything will
7 what I'll do -- we can do this two ways. You 7 happen once they demolish his side.
8 can cross-examine him on what his 8 SPECIAL MAGISTRATE: Anything else?
9 qualifications are or I -- I can ask him 9 MR. STELZMANN: That's it.
10 questions to establish -- but I want to give 10 SPECIAL MAGISTRATE: Okay. I just have a
11 him a chance to just say his part. 11 couple of questions for you.
12 MR. WALLACE: I understand. I just wanted 12 MR. STELZMANN: Sure.
13 to preserve it. 13 SPECIAL MAGISTRATE: Have you had any
14 SPECIAL MAGISTRATE: I understand. 14 contractors look at the building recently for
15 Go ahead. 15 the specific purpose of trying to figure out
16 MR. STELZMANN: Okay. Well, just for the 16 how the deterioration --
17 record, I have contacted several general 17 MR. STELZMANN: Not immediately recently,
18 contractors whom I know over the years because 18 but over the last few months, yes.
19 I'm a real estate investor myself, and they've 19 SPECIAL MAGISTRATE: Did they give you any
20 agreed with me --20 written estimates or anything written --
21 MR. WALLACE: Again, objection, hearsay.21 MR. STELZMANN: Nothing written, no, just
22 I know it's relaxed, but -- 22 verbal.
23 SPECIAL MAGISTRATE: Yeah, so just -- 23 SPECIAL MAGISTRATE: Did they tell you how
24 let's give him a chance to say what he wants to 24 long it might take to do that work?
25 say and then what I'll suggest you do is ask 25 MR. STELZMANN: We didn't get into
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1 specifics, no. Basically, they said, yeah, you 1 you have to have a State license, which I have,
2 could probably do it if you do it carefully.2 and I reviewed plans. They would -- they would
3 So they didn't tell me how long, they didn't -- 3 come in, both commercial and residential. We
4 they didn't give me anything in writing, 4 would review the plans, write up any
5 nothing like that, so ... 5 inconsistencies or violations, and send it back
6 SPECIAL MAGISTRATE: Did you have any 6 to the builder for corrections, and then
7 questions for Mr. Stelzmann? 7 eventually accept the plans and approve them.
8 MR. WALLACE: If it's okay with Your 8 MR. WALLACE: And just to be clear, the
9 Honor, I'd just reserve. I'm assuming he's 9 plans you're referring to are construction
10 going to have something to say towards the end. 10 drawings, construction plans?
11 And given that you're going to -- you mentioned 11 MR. ARLINGTON: Construction drawings,
12 that you would provide him that opportunity. 12 yes, sir, and other -- other documents, other
13 I'll reserve all my cross for then if that's 13 construction documents.
14 okay with you. 14 MR. WALLACE: Now, could you just describe
15 SPECIAL MAGISTRATE: Okay. That's fine. 15 briefly your duties as the building official
16 So just to let you know how this will 16 for the City of Atlantic Beach?
17 work, the City of Atlantic Beach will call some 17 MR. ARLINGTON: As the building official,
18 additional witnesses. You can sit down.18 I am the administrative official for the
19 You'll have an opportunity to come up and ask 19 Building Department. I have final say on what
20 some questions. And when they're finished, if 20 gets passed and what gets sent back for
21 you have anything else to say, you can come up 21 corrections.
22 and say that. You can also call your own 22 MR. WALLACE: Do you also review building
23 witnesses and we'll just work through it this 23 plans, construction drawings in this capacity?
24 way. 24 MR. ARLINGTON: Yes.
25 Does Wells Fargo have any questions for 25 MR. WALLACE: What other experience, if
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1 Ms. Irizarry? 1 any, do you have in the construction industry?
2 MS. KOZLOWSKI: No. 2 MR. ARLINGTON: I was the building
3 SPECIAL MAGISTRATE: So Wells Fargo has 3 official in Neptune Beach for five years in the
4 indicated that they don't have any questions. 4 '90s. Before that, I spent 25 years with my
5 Would you like to call your next witness? 5 tools on as a -- I'm a carpenter by trade.
6 MR. WALLACE: Yes. I will call Dan 6 MR. WALLACE: Okay. And do you also act
7 Arlington. 7 as a general contractor?
8 Mr. Arlington approaches the podium.) 8 MR. ARLINGTON: Yes. I had a general
9 MR. WALLACE: Could you introduce 9 contractor's license in the late '70s.
10 yourself? 10 MR. WALLACE: And have you built
11 MR. ARLINGTON: I'm Dan Arlington, the 11 single-family homes?
12 City building official for Atlantic Beach. 12 MR. ARLINGTON: Yes.
13 MR. WALLACE: How long have you been the 13 MR. WALLACE: Have you built multifamily
14 building official for Atlantic Beach?14 apartments?
15 MR. ARLINGTON: Five-and-a-half years. 15 MR. ARLINGTON: Four units. Up to four
16 MR. WALLACE: And what did you do prior to 16 units, yes.
17 coming to work for the City of Atlantic Beach?17 MR. WALLACE: Duplexes as well?
18 MR. ARLINGTON: I was a plans examiner for 18 MR. ARLINGTON: No. Either single-family
19 the -- for St. Johns County. 19 or a four-unit.
20 MR. WALLACE: And how long did you work 20 MR. WALLACE: And how did you first get
21 for St. Johns County? 21 into the construction industry?
22 MR. ARLINGTON: Eleven years. 22 MR. ARLINGTON: My whole family is in
23 MR. WALLACE: Tell me about your duties as 23 construction. I started as a teenager with my
24 a plans examiner for St. Johns County. 24 father, uncles and grandfather, from the '60s
25 MR. ARLINGTON: To be a plans examiner, 25 on up.
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1 MR. WALLACE: And so that -- that would 1 most of those holes, but there are holes in the
2 have been from the early/mid 1960s, what -- 2 third floor and the second floor. Some of that
3 approximately when? 3 debris is laying on the first floor.
4 MR. ARLINGTON: Probably 1965 on. 4 MR. WALLACE: And when were you last at
5 MR. WALLACE: Okay. And so from that 5 198 Poinsettia?
6 point, what -- what year did you leave the 6 MR. ARLINGTON: Last Friday. I believe it
7 actual hands-on construction industry and go 7 was the 25th of October.
8 into the government-type employment as a plans 8 MR. WALLACE: Now, did you review the
9 reviewer? 9 engineering plans associated with 196 and 198
10 MR. ARLINGTON: I started with St. Johns 10 Poinsettia Street?
11 County in 1992. 11 MR. ARLINGTON: The original plans and the
12 MR. WALLACE: So we're talking 12 new engineering, yes.
13 approximately 30 years of experience in the 13 MR. WALLACE: Okay. Where did you locate
14 trade?14 the original engineering plans?
15 MR. ARLINGTON: Yes. 15 MR. ARLINGTON: The original plans are not
16 MR. WALLACE: Okay. I am going to show 16 very -- are not very good, but they are in our
17 you an exhibit we previously discussed. It was 17 Laserfiche record system.
18 marked as Exhibit 7. 18 MR. WALLACE: And what date -- or what was
19 Pardon me one moment, Judge. 19 the approximate date of construction of 196 and
20 SPECIAL MAGISTRATE: Certainly. 20 198 Poinsettia Street?
21 MR. WALLACE: Could you take a look at 21 MR. ARLINGTON: 1983.
22 Exhibit 7? And that's, again, the memorandum 22 MR. WALLACE: What, if anything, did you
23 from yourself. 23 note about the building plans for 196 and 198
24 - MR. ARLINGTON: Yes. This is the 24 Poinsettia Street?
25 memorandum that the Code Enforcement officer 25 MR. ARLINGTON: The -- probably the most
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1 read earlier. 1 important thing is that each side is 14 feet
2 MR. WALLACE: And what prompted you to 2 wide. The total building is 28 feet wide. It
3 issue that memo? 3 is a -- as Mr. Stelzmann said, it's two
4 MR. ARLINGTON: I was asked to go on site 4 rectangles from the different halves, but
5 by the Code Enforcement officer. And when I 5 they -- they slid into two units. Instead of
6 saw it, I wrote this memo to describe what I 6 having a standard rectangle floor plan, the
7 saw. 7 architect or designer slid the two units so
8 MR. WALLACE: Okay. How many times have 8 that one-third of each unit overhangs the
9 you visited 198 Poinsettia Street? 9 other, leaving one-third as a remainder in
10 MR. ARLINGTON: Dozens of times. 10 contact with each other.
11 MR. WALLACE: Could you just generally 11 MR. WALLACE: You mentioned the dimensions
12 describe the progression of, I guess, the 12 of 196 and 198 Poinsettia Street as being --
13 dilapidation of 198 Poinsettia?13 how wide was each unit?
14 MR. ARLINGTON: The original problem was a 14 MR. ARLINGTON: Each unit is 14 feet wide.
15 roof problem. There was a hole in the roof. 15 MR. WALLACE: And how tall is each unit?
16 There was a leak in the roof which then rotted 16 MR. ARLINGTON: Twenty-eight feet.
17 and became a hole in the roof. At some point 17 MR. WALLACE: What is the significance of
18 enough water came down through the hole in the 18 that?
19 roof to rot out the third floor, which then 19 MR. ARLINGTON: I imagine Mr. Gartner will
20 rotted -- leaked through and started rotting 20 talk about it later, but structures that are --
21 the second floor. 21 that are very narrow and tall and very narrow
22 And there's a -- almost a -- almost a 22 and long are much harder to stabilize in -- for
23 tunnel there. You can look -- at one point you 23 lateral wind loads. When the wind blows from
24 could see daylight from the first floor up 24 the long -- onto the long side, the wind loads
25 through the roof. The debris has filled in 25 imposed are resisted by the short walls. So
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1 the longer and narrower it is, the higher the 1 MR. WALLACE: Now, I am going to hand you
2 wind loads are on the long wall and the less 2 what we have previously marked as Exhibit 10.
3 short wall you have to resist those loads.3 Could you take a look at that?
4 MR. WALLACE: Okay. And so when you say 4 MR. ARLINGTON: (Complies.)
5 "short wall," if you will take a look at the 5 It's Mr. Gartner's first engineering
6 picture projected there, you're referencing the 6 report --
7 wall of -- the wall that we're -- the walls 7 MR. WALLACE: And --
8 that we are seeing in that photo, correct? 8 Simultaneous speaking.)
9 MR. ARLINGTON: Yes. We're referencing 9 MR. ARLINGTON: -- (inaudible) August
10 the walls -- there's two units there. Each 10 15th, 1920 -- or 2019 I mean.
11 unit has a front wall and then there is a 11 MR. WALLACE: And did you receive a copy
12 corresponding back wall of the same width. 12 of that report contemporaneously when it was
13 MR. WALLACE: Okay. So this photo that is 13 issued?
14 on the projector, we are looking basically at 14 MR. ARLINGTON: Yes.
15 the narrowest dimension of each of these units? 15 MR. WALLACE: Did that report cause you
16 MR. ARLINGTON: Yes. 16 concern for the safety of 196 Poinsettia
17 MR. WALLACE: In your review of the 17 Street?
18 building plans for 196 and 198 Poinsettia 18 MR. ARLINGTON: Yes. Until that time, we
19 Street, did you notice anything else about the 19 were taking for granted that we would knock
20 construction of those units in terms of how the 20 down half of that structure and leave the other
21 two were designed to function? 21 half. After looking at this and reviewing the
22 MR. ARLINGTON: I noticed that the units 22 plans again, I came to the conclusion that one
23 do not have a true firewall or self-supporting 23 half cannot stand by itself in our -- in our
24 walls as required by the code in 1982. I have 24 wind zone.
25 a copy of the 1982 building code referring to 25 MR. WALLACE: And I'm going to hand you
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1 duplexes which require a one-hour firewall, and 1 Exhibit 11. Could you take a look at that?
2 townhouses which require a two-hour firewall. 2 MR. ARLINGTON: (Complies.)
3 These units have a one-hour firewall and it is 3 This is Mr. Gartner's second engineering
4 not continuous from foundation to roof. 4 report.
5 MR. WALLACE: Do the units have 5 MR. WALLACE: And what's the date of that?
6 independent interior load-bearing walls? 6 MR. ARLINGTON: October 2nd, 2019.
7 MR. ARLINGTON: No. It's a common 7 MR. WALLACE: And did you receive a copy
8 load-bearing wall. 8 of that report contemporaneously with its
9 MR. WALLACE: And just explain for us the 9 issuance?
10 significance, from a building code perspective, 10 MR. ARLINGTON: Yes.
11 of a townhouse-type construction or a 11 MR. WALLACE: And did that report cause
12 duplex-type construction. 12 you further concern related to the ability of
13 MR. ARLINGTON: A duplex-type construction 13 196 Poinsettia Street to stand alone?
14 is designed to be owned by one person and the 14 MR. ARLINGTON: Yes.
15 other side can be rented out or used in some 15 MR. WALLACE: I'm going to hand you what
16 other -- by some other person, but it has to be 16 has been marked as Exhibit 13. This is a new
17 owned by the same person and have control of 17 exhibit. It's Pages 117 and 118 of the agenda
18 both sides as the owner. 18 packet. Could you review Exhibit 13?
19 A townhouse can have a property line down 19 MR. ARLINGTON: (Complies.)
20 the middle and each side is owned by a -- a 20 Yes. This is a letter I wrote to
21 different person. 21 Mr. Stelzmann after reviewing the other plans
22 MR. WALLACE: Not withstanding that 22 and engineering.
23 distinction, this property was, in fact, split 23 MR. WALLACE: And this was written after
24 into two separate ownerships, correct? 24 you reviewed the initial engineering report
25 MR. ARLINGTON: Correct. 25 that's been marked as Exhibit 10?
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1 MR. ARLINGTON: Yes. 1 hurricane-force winds, probably 75.
2 MR. WALLACE: Did you -- how was this 2 MR. WALLACE: Okay. Now, each time you
3 letter delivered to Mr. Stelzmann? 3 have visited 198 Poinsettia Street, have you
4 MR. ARLINGTON: I hand-delivered this 4 noticed continued dilapidation there?
5 letter. I called Mr. Stelzmann, met him on the 5 MR. ARLINGTON: Yes. Over the year, we've
6 property, and gave him a copy of the 6 seen the -- the front cornice, at the top --
7 engineering report, the first engineering 7 the front top of the roof caving in, the walls
8 report dated August 15th, 2019, and my letter.8 caving in, the wall on the north side. And
9 MR. WALLACE: What is the date of 9 after Dorian came through with winds probably
10 Exhibit 13? 10 less than 35 miles an hour, we lost a section
11 MR. ARLINGTON: August 21st, 2019. 11 of the wall and a window. This picture shows
12 MR. WALLACE: And what prompted you to 12 that. That happened after the storm.
13 issue Exhibit 13? 13 MR. WALLACE: Okay. So I'm going to hand
14 MR. ARLINGTON: It was hurricane season. 14 you what has been marked as Exhibit 12, and
15 We had a hurricane. We were in the path of a 15 specifically I'll direct you to Page 190 of the
16 hurricane, and we -- we wanted to inform him 16 agenda packet. Could you take a look at that
17 that it may be dangerous to stay in that 17 photograph on Exhibit 12?
18 property. 18 MR. ARLINGTON: (Complies.)
19 MR. WALLACE: And I am going to hand you 19 Yes. That's a recent photo showing the
20 Exhibit 14. This is Pages 82 through 84 of the 20 recent collapse of that part of the wall.
21 agenda packet. Could you take a moment and 21 MR. WALLACE: Okay. Can you circle the
22 review that?22 part of the wall that collapsed that you're
23 MR. ARLINGTON: (Complies.)23 referring to and initial it?
24 Yes. This is my letter, dated October 16, 24 MR. ARLINGTON: (Complies.)
25 2019, to Mr. Stelzmann and Wells Fargo.25 It didn't show up very well in the
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1 MR. WALLACE: And that is the document 1 photograph.
2 that we are here on today? 2 MR. WALLACE: Now, the -- the October
3 MR. ARLINGTON: Yes. 3 16th letter, how was that delivered to
4 MR. WALLACE: What violations did you cite 4 Mr. Stelzmann?
5 in that letter? 5 MR. ARLINGTON: I called Mr. Stelzmann to
6 MR. ARLINGTON: We cited the entire 6 try to hand-deliver it and explain what was
7 structure as a dangerous building. The 198 7 happening and give him the copy of the second
8 side is in -- is in collapse. It's in an 8 engineering report, but he was at work and we
9 active state of collapse now. And at that 9 couldn't -- we spoke by phone, but we couldn't
10 point, the shear walls and bracing in 198 10 arrange a time, so I posted the letter and the
11 cannot be -- cannot be trusted to resist wind 11 report on the front of the building.
12 loads, which reduces the wind load capability 12 MR. WALLACE: Did you subsequently speak
13 to one-half of the original structure. 13 with Mr. Stelzmann concerning the letter?
14 MR. WALLACE: Okay. And is it your belief 14 MR. ARLINGTON: Yes.
15 that both -- that due to the deterioration of 15 MR. WALLACE: Did he acknowledge receiving
16 198, that 196 Poinsettia Street is in imminent 16 it?
17 danger of collapse? 17 MR. ARLINGTON: Yes.
18 MR. ARLINGTON: I would not say imminent 18 MR. WALLACE: And was Exhibit 14 also
19 danger of collapse. I would say in danger of 19 mailed to Mr. Stelzmann via certified mail?
20 collapse in a high-wind event. 20 MR. ARLINGTON: I understand it was. It
21 MR. WALLACE: Okay. And when you say 21 has Certified Mail, Return Receipt Requested on
22 "high-wind event," are we talking about the 22 this letter, and the Code Enforcement letter --
23 typical nor'easter that we experience this time 23 officer probably sent this.
24 of year? 24 MR. WALLACE: Now, the second page of
25 MR. ARLINGTON: Probably -- probably 25 the -- of Exhibit 12 references provisions of
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1 IPMC. Could you tell us what IPMC stands for? 1 opinion. I think during demolition, it
2 MR. ARLINGTON: The IPMC is the 2 would -- it would be dangerous to be in that
3 International Property Maintenance Code. It's 3 other side, in the 196 side, for the demolition
4 been adopted by the City of Atlantic Beach for 4 process, which we had agreed on one time, maybe
5 property maintenance. The standard Florida 5 three days would -- could take that down, and
6 Building Code does not apply to existing 6 then the -- the rebuilding or the sealing,
7 buildings unless there's a building permit 7 weatherproofing aspect of the job could be --
8 issued. 8 would not be dangerous.
9 MR. WALLACE: And so once a building has 9 SPECIAL MAGISTRATE: But that's assuming
10 been constructed and a Certificate of Occupancy 10 you could leave 196 standing?
11 has been issued, at that point, I guess, the 11 MR. ARLINGTON: Yes.
12 standards for the building switch from the 12 SPECIAL MAGISTRATE: Right. And that's
13 Florida Building Code to the IPMC? 13 not -- and your opinion today is that you can't
14 MR. ARLINGTON: Yes. 14 do that?
15 MR. WALLACE: Just to kind of sum it all 15 MR. ARLINGTON: I think it can be done.
16 up, your opinion concerning the condition of 16 Anything can be done. It would just take a
17 both 196 and 198 Poinsettia Street, is that 17 long time to -- and have to be very careful,
18 based upon your personal observations, your 18 and then we would still have an unstable
19 review of the plans associated with those 19 building after it was done.
20 properties and the engineering reports that you 20 SPECIAL MAGISTRATE: You had testified
21 reviewed in connection with this? 21 that the firewall did not comply with code; is
22 MR. ARLINGTON: Yes. 22 that right?
23 MR. WALLACE: One more point. The 23 MR. ARLINGTON: Yes, sir.
24 letter -- the letter marked as Exhibit 14, was 24 SPECIAL MAGISTRATE: I wasn't a hundred
25 that also delivered to Wells Fargo Hclme 25 percent sure. At the time the structure at
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1 Mortgage? 1 196/198 Poinsettia was built, did the firewall
2 MR. ARLINGTON: I would have to refer to 2 comply with the code at that time?
3 the Code Enforcement officer who actually sent 3 MR. ARLINGTON: No, sir, in my opinion.
4 them. I did not send them personally. 4 SPECIAL MAGISTRATE: Understood.
5 MR. WALLACE: Okay. Nothing further, Your 5 MR. ARLINGTON: It was -- it passed
6 Honor. 6 inspection and it was --
7 SPECIAL MAGISTRATE: Mr. Arlington, I have 7 SPECIAL MAGISTRATE: But in your opinion
8 just a couple of questions for you. 8 it did not comply?
9 The October 16th, 2019, letter given to 9 MR. ARLINGTON: Yes, sir.
10 Mr. Stelzmann and Wells Fargo, that was, in 10 SPECIAL MAGISTRATE: And it does not
11 fact, an order to vacate and demolish the 11 comply today; is that right?
12 premises -- 12 MR. ARLINGTON: That's right.
13 MR. ARLINGTON: Yes. 13 SPECIAL MAGISTRATE: If 198 collapsed, do
14 SPECIAL MAGISTRATE: -- is that correct? 14 you have any opinion about where the structure
15 And then that's -- that order to vacate 15 would go or how fast that would happen?
16 and demolish, that's based on the findings that 16 MR. ARLINGTON: With frame construction,
17 you described in your testimony? 17 if it just collapses of its own weight it's a
18 MR. ARLINGTON: Yes, sir. 18 slow process and it's not usually that
19 SPECIAL MAGISTRATE: Do you have an 19 dangerous. The danger would be in a high-wind
20 opinion about the safety of occupying the 196 20 event, when it -- when it was blown down, then
21 side during the demolition of the 198 side? 21 it could take a larger chunk of 196 with it.
22 That's assuming you could demolish the 198 side 22 SPECIAL MAGISTRATE: And Hurricane Dorian,
23 and leave 196 standing at all. Do you 23 I believe you said -- or I shouldn't say
24 understand the question? 24 "hurricane" -- Dorian had winds of under 35
25 MR. ARLINGTON: Yes, sir. I do have an 25 miles per hour; is that right?
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1 MR. ARLINGTON: It had those winds, but 1 work prior to 2007?
2 the winds we experienced here were less than -- 2 MR. GARTNER: I worked for Apex
3 I know they were less than 39 because we never 3 Technology, Manning Building Supplies, Damiano
4 closed the bridges, so they were probably 4 Long, Kimley-Horne. Damiano and Kimley were
5 35 miles an hour maximum. I'm guessing. 5 civil engineering jobs doing more land
6 SPECIAL MAGISTRATE: That's all the 6 development work with cell towers, but Apex and
7 questions I have for you, Mr. Arlington. 7 Manning were both structural.
8 Mr. Stelzmann, do you have any questions 8 MR. WALLACE: Okay. And as a structural
9 for Mr. Arlington? 9 engineer, it's -- your job involves calculating
10 MR. STELZMANN: No, sir. 10 wind loads and determining, basically, the
11 SPECIAL MAGISTRATE: Any questions for 11 necessary requirements for wall supports and
12 Mr. Arlington from Wells Fargo? 12 things of that nature?
13 MS. KOZLOWSKI: No. 13 MR. GARTNER: Sure. Specifically, wind
14 MR. WALLACE: I call Geoff Gartner. 14 and gravity loads and following the Florida
15 MR. ARLINGTON: Here are your exhibits 15 Building Code and local ordinances.
16 back. 16 MR. WALLACE: Have you had an opportunity
17 Mr. Gartner approaches the podium.) 17 to inspect 196 Poinsettia Street?
18 MR. WALLACE: Could you introduce 18 MR. GARTNER: No. I've not gone into 196.
19 yourself? 19 MR. WALLACE: Have you been present on the
20 MR. GARTNER: My name is Geoff Gartner.20 physical -- on the premises to view it?
21 I'm the owner of Alexander Grace Consulting. 21 MR. GARTNER: I've been on the property
22 MR. WALLACE: And what do you do for a 22 and I've looked at the front of it, where
23 living?23 Mr. Stelzmann parks his car on the east end,
24 MR. GARTNER: I'm a structural engineer. 24 yes.
25 MR. WALLACE: Tell us a little bit about 25 MR. WALLACE: Okay. Have you actually
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1 the education you receive to be a structural 1 been inside of 198 Poinsettia?
2 engineer. 2 MR. GARTNER: I did go out to 198. I was
3 MR. GARTNER: I got my bachelor of science 3 on the first and second levels, near the
4 in civil engineering in 1997. 4 stairs. There's a foot-and-a-half to two feet
5 MR. WALLACE: Where did you attend school? 5 of garbage and hoarding kind of stuff in that
6 MR. GARTNER: University of Florida. 6 building. It didn't feel extremely safe. And
7 MR. WALLACE: Are you a registered 7 that was prior to this situation. I did not
8 professional engineer in the state of Florida? 8 and would not go into the building now. But
9 MR. GARTNER: I am. In 2003 I got my 9 prior to this damage, when that wall was still
10 professional engineer's license. 10 in place and the refrigerator was still on the
11 MR. WALLACE: Tell us a little bit about 11 second floor, I was okay being on that -- on
12 your work history as a structural engineer. 12 the west side of the property.
13 MR. GARTNER: I'd say 90 percent of the 13 MR. WALLACE: Okay. So it's your opinion,
14 work I've done over the years has been 14 as you sit here today, that 198 Poinsettia
15 residential, 10 percent commercial. I do -- in 15 Street is completely unsafe to enter?
16 the residential world I do 40 to 50 percent new 16 MR. GARTNER: You could argue that you
17 construction and 50 to 60 percent renovations.17 could enter the west end, but the thing about
18 So I've been in a lot of buildings that need to 18 the state of this building, in my opinion, is
19 be rehabbed, part -- it's the better part of my 19 that the east end -- at the east half of what
20 work. 20 you see, which is the left side, it's water
21 MR. WALLACE: And how long have you owned 21 damaged from the third floor down. To -- it's
22 Alexander Grace? 22 the kind of thing that's truly an imminent
23 MR. GARTNER: It was founded in 2004, but 23 failure. It could fall down five minutes from
24 I -- I really went full-time in 2007. 24 now or a year from now.
25 MR. WALLACE: Okay. And where did you 25 I've been in a lot of buildings with
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1 damage and you walk in and you're kind of like, 1 loading conditions required by the 2017 Florida
2 wow, this isn't so great, but you don't feel, 2 Building Code and the Atlantic Beach Building
3 like, unsafe being inside it. This isn't a 3 Department. This may include but not be
4 building I would want to go in. It's -- it's 4 limited to adding shear walls and associated
5 that unsafe in my opinion. 5 foundations to the existing structure.
6 MR. WALLACE: Now, the report in front of 6 MR. WALLACE: Now, you heard
7 you, which is labeled Exhibit 10, could you 7 Mr. Arlington's testimony concerning the
8 turn to your conclusions in that report? 8 dimensions of each of these two units?
9 MR. GARTNER: Yes.9 MR. GARTNER: Correct.
10 MR. WALLACE: And could you just read 10 MR. WALLACE: Would you agree with the
11 those into the record? 11 general principle that, when you have a unit
12 MR. GARTNER: Based on the above described 12 that is as narrow and as tall as these two
13 inspection, the following conclusions were 13 units are, that it is harder to stabilize those
14 reached by me, by the engineer: The damage to 14 units?
15 the residence appears to have been caused by 15 MR. GARTNER: Yes, I do.
16 rainwater infiltration at the roof seeping into 16 MR. WALLACE: And why is that?
17 the wall structures over a period, causing 17 MR. GARTNER: Well, a tall structure takes
18 extensive wood rot in the northeast corner wall 18 more -- as you can see, again, this is a great
19 and floor systems. Due to this damage, the 19 shot of this. So it's 28 feet tall. I think
20 resident -- the residence is in imminent 20 the individual units were only 40 -- 35,
21 failure. It is not a matter of if but when.21 40 feet long. I'm not sure exactly how long it
22 Damage to the northeast corner is severe 22 is. But that's a 35-foot-by-28-foot wind
23 enough that the residence is in imminent 23 block. So if the wind is coming out of the
24 failure. Further, when the northeast corner 24 north and blowing it directly on this wall, the
25 does fail, we believe the resulting pull on the 25 end walls are -- the short, 14-foot walls are
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1 shared bearing wall has the potential to 1 ones that are the lateral resisting elements of
2 significantly damage Mr. Stelzmann's unit. 2 the structure, so --
3 The floor systems for both units bear on 3 And then when you have three floors, wind
4 this shared bearing wall. Should this wall 4 hits the top floor and you develop those loads
5 become compromised, the entire structure would 5 into the second level, and then from the second
6 collapse. 6 level to the first level. It's a lot of wind
7 As soon as it is physically possible, a 7 load to pick up in two 14-foot walls. And as I
8 qualified contractor should enter the 8 recall, both of those 14-foot walls also had
9 residence -- for the purpose of my report, the 9 windows in them, so you don't even get the
10 residence was just 198 Poinsettia, not the 10 whole 14 feet. You have kind of even less
11 whole building -- residence and install 11 length than you need.
12 temporary shoring in order to stabilize the 12 I haven't run the actual calculations on
13 structure until plans are generated that allow 13 the whole building yet, so I can't tell you
14 for demolishing the -- 198, while saving 14 exactly what you would need, but that would be
15 Mr. Stelzmann's unit. Until such time as that 15 very easy to figure out.
16 scope can be completed, it is our 16 MR. WALLACE: So based on your training
17 recommendation that Mr. Stelzmann vacate his 17 and experience as a structural engineer, and
18 property. 18 without running the precise calculations, is it
19 It is AGC's position that Mr. Stelzmann's 19 your opinion that without significant
20 unit can be saved. To do such, AGC will, under 20 reinforcement 196 Poinsettia cannot stand
21 separate contract, provide structural 21 alone?
22 calculations and details for construction to 22 MR. GARTNER: By itself? No.
23 reinforce the shared wall between the units and 23 I would have expected a building that
24 to strengthen the lateral resisting systems of 24 narrow and that tall would probably have a
25 the remaining structure for the current wind 25 steel portal frame at each end, steel beam
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1 system that goes across a couple of columns, 1 their predamaged condition, if you don't exceed
2 big footings to anchor it down. Currently, in 2 substantial structural damage.
3 its wood frame state, there's no way that it 3 Definition of the substantial structural
4 would pass calculation. 4 damage. In any story the elements of the
5 MR. WALLACE: And is it your opinion that 5 lateral force resisting system have suffered
6 if -- let's assume that 198 Poinsettia was able 6 damage such that -- such that the lateral load
7 to be cleanly taken off of 196, is it your 7 carrying capacity of the structure in any
8 opinion that the -- without reinforcement, 196 8 horizontal direction has been reduced by more
9 would be subject to collapse in a high-wind 9 than 20 percent from its predamaged condition
10 event?10 or the capacity of any vertical load carrying
11 MR. GARTNER: Yes. Yes. 11 component or any group of such components that
12 MR. WALLACE: Is it -- in your opinion, is 12 support more than 30 percent of the total area
13 it physically possible to take down 196 -- or 13 of the structure's floor and roof has been
14 excuse me -- 198 Poinsettia without first 14 reduced more than 20 percent from its
15 reinforcing 196 Poinsettia? 15 predamaged condition and the remaining capacity
16 MR. GARTNER: I believe that 196 would 16 of such affected elements with respect to all
17 need to be supported some way or another while 17 dead and live loads is less than 75 percent of
18 198 came down and was either rebuilt or not. 18 that required by the Florida Building Code,
19 If it was planning on being rebuilt, there 19 buildings for new -- buildings -- building for
20 would have to be quite a bit of shoring and 20 new buildings of similar structure, purpose and
21 whatnot left in place during the 21 location.
22 reconstruction, but that's -- that wouldn't be 22 This structure has sustained substantial
23 what I would do. 23 structural damage as defined above,
24 MR. WALLACE: What, in your opinion, would 24 specifically as the northeast half of Unit 198
25 need to be done? 25 requires complete demolition replacement that
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1 MR. GARTNER: I believe the building -- I 1 follows that 25 percent of the entire residence
2 believe the building should come down. I 2 is damaged and, therefore, the 20 percent
3 believe that if you were -- that's such an open 3 requirement of Condition Number 1 above is
4 question. There's so many -- so many options 4 exceeded and thus cannot be repaired to its
5 here. 5 original condition.
6 Could you reinforce the entire structure? 6 I could read the rest of this, but the
7 Yes, at some level, but there's no way to do it 7 bottom line of that statement is it can't be
8 and leave 196 in its current state. It would 8 torn down and put back. At this point, the
9 have to be brought up to the current code. You 9 amount of damage that exists in 198, even
10 reach a point of demolitioning this building 10 demoing just the bad part and keeping the west
11 where the Florida Building Code -- can I move 11 end, you've now taken 25 percent of the lateral
12 to the second exhibit? 12 resisting components out of the building and
13 MR. WALLACE: Sure, please do. 13 the entire structure has to come up to code.
14 And just for the record, you're referring 14 MR. WALLACE: Just to clarify, when you
15 to Exhibit 11, I believe?15 say the "lateral resisting structures," you're
16 MR. GARTNER: This is Exhibit 11 and this 16 talking about the --
17 is the last -- it's Page 123. 17 MR. GARTNER: The shear walls.
18 The Florida Building Code has a repair 18 MR. WALLACE: -- the shear walls that are
19 clause in it. It basically reads that if -- 19 on the left and right sides of the photo on the
20 for damage less than -- this is 606.2.1 of the 20 projector?
21 Florida existing [sic] Building Code. 21 MR. GARTNER: That's right, the 14-foot
22 Repairs for less than substantial 22 walls we were talking about earlier. When you
23 structural damage. For damage less than 23 take off 50 percent of 198, you've taken
24 substantial structural damage, the damaged 24 25 percent of the entire building. So since
25 element shall be permitted to be restored to 25 those are gone, the building needs to be
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1 brought up to 2017 Florida Building Code. 1 right -- yeah, right there and over to the
2 MR. WALLACE: And notwithstanding the fact 2 right to the little cutout in the wall, yeah,
3 that 196 and 198 Poinsettia Street are in 3 that -- that whole little stretch there, and
4 separate ownership, it is your opinion 4 that's a buckling piece of band board. I
5 that each -- 5 couldn't see the actual framing underneath it,
6 MR. GARTNER: It's one building. 6 but I would imagine most of those floor joists
7 MR. WALLACE: -- each provides horizontal 7 are buckled or -- or collapsed inside that
8 load resistance that the other relies upon? 8 portion of the wall, which, to me, says that's
9 MR. GARTNER: I agree, yes. 9 the next portion that -- to start falling out.
10 MR. WALLACE: What was the -- would you 10 MR. WALLACE: And just for the record, can
11 just explain the genesis of the second report? 11 you circle that area within Exhibit 12 and
12 What caused you to issue a second engineering 12 initial it so that if someone's reviewing this
13 report? 13 they can see what you were talking about?
14 MR. GARTNER: I was requested to go out,14 MR. GARTNER: (Complies.)
15 because from the first report -- well, the 15 MR. WALLACE: And just for the record, the
16 first report didn't have this missing wall. 16 witness has marked on Page 190 of the packet --
17 The refrigerator was against -- still on the 17 of the agenda packet, he has circled an area
18 second floor, so I got a call that said, Hey, 18 and placed his initials next to it.
19 we have even more damage from Dorian, so could 19 Regardless of whether a repair is -- a
20 you please go out and make another assessment? 20 repair is affected to 198, or 198 Poinsettia is
21 So that's what I did. 21 completely torn down, would it be safe for 196
22 MR. WALLACE: Okay. And when you assessed 22 Poinsettia to be occupied during that process?
23 it the second time, did you -- you confirmed 23 MR. GARTNER: I would say no. A shoring
24 that there was, in fact, additional damage -- 24 company could probably provide enough of a -- a
25 MR. GARTNER: Oh, yes. 25 bit of work to say we could maybe do this, but
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1 MR. WALLACE: Apart from just the very 1 they -- I would want to see that shoring plan
2 obvious defects that we can see on that photo 2 and get to review it, but I would -- I would
3 and the missing walls that are on the far left 3 not want to stay in 196.
4 side of the building, are there other signs 4 MR. WALLACE: You, yourself, would not
5 that may not be as readily apparent to, you 5 stay while the work was being done?
6 know, a nonengineer that the building is in 6 MR. GARTNER: No way.
7 collapse? 7 MR. WALLACE: And even -- and during --
8 MR. GARTNER: It is hard to tell in this 8 even if shoring could be accomplished, would
9 picture. If I could have that mouse, I could 9 you stay while the shoring was actually being
10 point to -- 10 performed, if it could be performed?
11 MR. WALLACE: You know, actually, what I'm 11 MR. GARTNER: Just the shoring? Sure.
12 going to do is I'm going to hand you 12 Once they started demoing 198, no, I'd move
13 Exhibit 12, which is a composite of the 13 out.
14 photos -- 14 MR. WALLACE: What would -- and I know you
15 MR. GARTNER: Okay. 15 haven't run precise calculations, but tell us
16 MR. WALLACE: -- and then thumb through 16 generally about how 198 might be shored up --
17 those, and when you see something let me know 17 or 196 might be shored up for demolition of
18 and I will have you document it. 18 198.
19 MR. GARTNER: This is the part that's hard 19 MR. GARTNER: That's tough to answer.
20 to see on the pictures, but actually I think 20 I mean, I -- you could put angle braces up
21 this is before that, when they're collapsed. 21 against the -- where the shared wall is, you
22 It's the little band board, this buckling 22 could run an angle brace up against those studs
23 that's happening right below the -- the window 23 at all three levels, kick it down into the --
24 to the right of the hole in the wall, it's 24 you're basically running those braces through
25 really hard to see this in that picture, but 25 198. I'm sure that while you could put them
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1 on -- inside 196's living room, but I'm sure 1 apart, you find out that the shared wall is
2 Mr. Stelzmann wouldn't want that. 2 also damaged, and now you've got to tear it
3 But, yeah, there would need to be some 3 down also. It starts to snowball.
4 kind of angle braces going up -- up the whole 4 In my experience, every time I've been at
5 wall, and you could build a scaffolding and try 5 a job with this kind of problem, it snowballs.
6 to brace it that way. It's still difficult to 6 Within six months the owners are saying, We
7 do while 198 is there. The only way to try to 7 should have just torn it down and started over,
8 brace this while 198 is still sitting there is 8 because we just had no idea the extent of the
9 you'd have to drill through the wall and put 9 damage that we couldn't see.
10 steel posts shoring up against the wall and try 10 MR. WALLACE: You mentioned earlier in
11 to pour a small footing in the yard and figure 11 your testimony, I believe, that the -- I guess
12 out a way to do all that and run all those 12 the floor joists for the flooring in 198 and
13 numbers. I don't know the full extent of that 13 196 are tied into the same -- into the same
14 without sitting down and trying to run those 14 common wall?
15 numbers, but there's probably a way. 15 MR. GARTNER: I'll echo Dan on this a
16 MR. WALLACE: Would you agree that it 16 little bit because the plans weren't great, but
17 would be highly complex? 17 the assumption here is -- and you can see the
18 MR. GARTNER: I believe that it takes a 18 joists, not in this picture, but we know the
19 lot of -- yes, there's a lot of input and a lot 19 joists run north to south, at least where the
20 of thinking that would have to go into making 20 kitchen was, because, you know, they're on the
21 that just right so that Mr. Stelzmann has no 21 ground now. So the expectation is they must
22 damage in his home at all. I mean, that would 22 sit on a shared wall, and so they're probably
23 be the goal. We don't want to take it down and 23 overlapped in some way. They could be fastened
24 have Mr. Stelzmann call and say, I've got all 24 together. They may not be, but they're
25 kind of drywall pops in my wall and things are 25 definitely sitting on that -- on that shared
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1 getting rattled around in here. I mean, that's 1 common wall.
2 what we're trying to avoid. We don't want to 2 MR. WALLACE: And let me ask you this: So
3 bring him any damage, if we -- if we can help 3 if 198 were to completely collapse, would that
4 it, but that would be quite an extensive 4 exert force on the shared wall in terms of
5 shoring plan.5 pulling force?
6 And even then, I mean, you're still 6 MR. GARTNER: If you could -- yes. If you
7 looking at shoring, taking down 198. You've 7 could imagine that north wall failing and the
8 still got to go into 196 eventually and put 8 joists trying to -- fall with it, where they're
9 hurricane clips, shear walls, a portal frame if 9 attached at the back end to the common wall,
10 you need it, threaded rods, whatever choice we 10 they're going to pull on that common wall. So,
11 have to -- to tie it down from the hurricane 11 you know, trying to quantify whether that means
12 uplift loads. I mean, that still has to be 12 the whole building collapses or you just get a
13 done no matter what. 13 lot of damage in Mr. Stelzmann's unit, it's
14 MR. WALLACE: Does this go to your point 14 hard to quantify that, but it's definitely
15 that while you could correct something if you 15 going to cause a problem in 196.
16 threw enough money at the problem, in this 16 MR. WALLACE: You wouldn't want to be in
17 state it's going to be, I guess, not 17 196 if that happened?
18 economically feasible to do? 18 MR. GARTNER: I wouldn't want to be in it
19 MR. GARTNER: I agree with that. 19 today.
20 It's -- the thing about these kind of 20 MR. WALLACE: Just one moment.
21 buildings is you could tear down 198 and who's 21 Brief pause in the proceedings.)
22 to say that the shared wall doesn't also have 22 MR. WALLACE: Nothing further, Your Honor.
23 damage in it. We couldn't see that. We -- the 23 And if you'd like me to, I'd like to move
24 drywall was up when we visited and I was 24 all of these exhibits into the record. I mean,
25 actually inside. But you start tearing it all 25 they're already in the record technically, but
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1 some of them have been marked on by the 1 itself. With both units fully constructed and
2 witnesses. 2 not damaged, there's a better chance that it
3 SPECIAL MAGISTRATE: Yeah, let me -- why 3 wouldn't fail, but still, based on construction
4 don't you bring them up to me and let me take a 4 methods in '83, it's -- it likely needs a lot
5 look at them.5 of work.
6 MR. WALLACE: I'll get them in order for 6 SPECIAL MAGISTRATE: And if 198 is
7 you real quick. 7 demolished and 196 is shored, under the current
8 SPECIAL MAGISTRATE: Were you finished 8 building code, does 196 have to meet today's
9 questioning Mr. Gartner?9 wind load calculations?
10 MR. WALLACE: I'm done with Mr. Gartner,10 MR. GARTNER: Absolutely.
11 yes. 11 MR. WALLACE: Approach?
12 SPECIAL MAGISTRATE: Mr. Gartner, I've got 12 SPECIAL MAGISTRATE: Yes.
13 just a couple of questions for you. 13 MR. WALLACE: (Tenders documents.)
14 Mr. Arlington testified that during a 14 SPECIAL MAGISTRATE: (Peruses documents.)
15 high-wind event that structural collapse would 15 All right. I'm going to take Exhibits 1
16 be imminent. Do you agree with that? 16 through 14 into evidence.
17 MR. GARTNER: I do. 17 Mr. Stelzmann, do you have any questions
18 SPECIAL MAGISTRATE: Outside of a 18 for Mr. Gartner?
19 high-wind event, if I understood your 19 MR. STELZMANN: No, sir.
20 testimony, I think you said it could be -- you 20 SPECIAL MAGISTRATE: Wells Fargo, do you
21 could have it collapse between now and five 21 have any questions for Mr. Gartner?
22 years from now; did I hear that right? 22 MS. KOZLOWSKI: No.
23 MR. GARTNER: I think I said a year,23 MR. GARTNER: Thank you, Your Honor.
24 but -- 24 SPECIAL MAGISTRATE: You're welcome.
25 SPECIAL MAGISTRATE: Okay. A year. 25 MR. WALLACE: We would -- we have no
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1 MR. GARTNER: Yes. I mean, a building in 1 further witnesses.
2 this condition is -- it's just a matter of 2 SPECIAL MAGISTRATE: So the City --
3 time. 3 MR. WALLACE: The City rests.
4 SPECIAL MAGISTRATE: I think you also said 4 SPECIAL MAGISTRATE: Mr. Stelzmann,
5 there's no way the structure passes wind load 5 anything that you want to say that you haven't
6 calculations. That's as it sits today; is that 6 said already or any evidence you want to put
7 right? 7 on?
8 MR. GARTNER: I don't remember saying 8 MR. STELZMANN: I basically said
9 that. What was the question that I answered 9 everything I need to say, so I'm okay.
10 when I -- 10 SPECIAL MAGISTRATE: Wells Fargo --
11 SPECIAL MAGISTRATE: Well, I'll just ask 11 Go ahead.
12 you the direct question. As the structure is 12 MR. WALLACE: Pardon me.
13 sitting today, do you think it would pass the 13 I was just going to say, just a few
14 wind load calculations that apply to it? 14 questions with Mr. Stelzmann. You'll recall
15 MR. GARTNER: My opinion would be that the 15 that I reserved --
16 code that existed in 1983 and the code that 16 SPECIAL MAGISTRATE: Yes. So the City of
17 exists today are very different. If you were 17 Atlantic Beach has a couple of questions for
18 to run the numbers on this particular building 18 you, Mr. Stelzmann.
19 versus the 2017 Florida Building Code, I -- I'm 19 MR. STELZMANN: Sure.
20 confident it would fail. 20 SPECIAL MAGISTRATE: Can you come up to
21 SPECIAL MAGISTRATE: What about if 198 was 21 the podium, please?
22 in good condition?22 MR. STELZMANN: Yes.
23 MR. GARTNER: Oh, the question was if it 23 Mr. Stelzmann approaches the podium.)
24 was just 196. You're right, I don't agree that 24 MR. WALLACE: Just briefly, you aren't a
25 196 would be -- would be strong enough by 25 structural engineer, are you?
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City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
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1 MR. STELZMANN: No. 1 you need to be ready to do that?
2 MR. WALLACE: And you don't have training 2 MR. STELZMANN: I could do it immediately.
3 in construction methods or evaluating 3 SPECIAL MAGISTRATE: If you had to leave
4 structures for failure -- 4 permanently, I mean, how much time would you
5 MR. STELZMANN: I know the basics. I've 5 need?
6 been renovating homes most of my adult life and 6 MR. STELZMANN: I didn't understand that.
7 I own several homes here in Atlantic Beach and 7 SPECIAL MAGISTRATE: If you had to leave
8 I'm very familiar with the townhouse section, 8 permanently, in other words, if the whole
9 basically the 100 block of Salt Air. The 200 9 structure had to come down --
10 and 300 block are all single-family homes, and 10 MR. STELZMANN: I -- I don't know how to
11 most of the homes that are townhomes, with the 11 answer that, so --
12 exception of a few, have the -- what he was 12 SPECIAL MAGISTRATE: I understand that.
13 discussing about the firewall, it was back -- 13 I'm not trying to put you on the spot.
14 it has the -- had the '80s code. 14 MR. STELZMANN: Okay.
15 Now, there are a few that are exceptions. 15 SPECIAL MAGISTRATE: I just --
16 There's one that has -- there's several that 16 unfortunately, the Florida Statutes require me
17 have a cinder block firewall, which more than 17 to make a decision at the hearing. I'd love to
18 exceeds the 2017 standards, but the vast 18 adjourn the hearing and take a day or two to
19 majority of the townhomes have what I described 19 ponder what the best way to deal with this is,
20 earlier, which is about a 15-foot -- I mean 20 but I don't have that option, unfortunately.
21 15-inch separation divided by scattered 21 So unless you have anything to say,
22 studs or zippered studs with insulation in 22 anything else --
23 between. So it really does not prevent -- I 23 MR. WALLACE: I've just got a follow-up,
24 don't even know why they call it a firewall 24 one follow-up question.
25 because it does not prevent fire. 25 SPECIAL MAGISTRATE: Okay.
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1 MR. WALLACE: Apart from oral 1 MR. WALLACE: Now, it's true you own a
2 conversations with some general contractors, 2 house that's currently vacant that's a few
3 you haven't actually gotten a written 3 doors down from this property?
4 engineering report evaluating your -- 4 MR. STELZMANN: I'm sorry, what was that?
5 MR. STELZMANN: Other than Mr. Gartner's, 5 MR. WALLACE: You own a house that is -- a
6 no, I have not. 6 house that is vacant currently that's a few
7 MR. WALLACE: Right. 7 doors down from --
8 Nothing further, Your Honor. 8 MR. STELZMANN: I own several homes on
9 SPECIAL MAGISTRATE: Mr. Stelzmann, just a 9 that -- on that street.
10 couple of questions. 10 MR. WALLACE: And at least one of which is
11 So, as you know, one of the issues I'm 11 vacant?
12 wrestling with here is what to do with this 12 MR. STELZMANN: Currently, it's being
13 situation, and there's a lot of complex issues 13 renovated, but it's still -- it's still in
14 related to demolishing the 196 -- excuse me --14 excellent condition. A person could move
15 the 198 side. 15 there, but I'm renovating it to a standard
16 If you had to vacate your home 16 which would command a higher rent.
17 temporarily, how much time would you need to be 17 MR. WALLACE: Gotcha. But my point is, if
18 able to get out of there and find temporary 18 you had to go somewhere temporarily, you --
19 lodging? 19 MR. STELZMANN: Oh, yeah. Right now I
20 MR. STELZMANN: I'm very open to that, as 20 could move in there, yeah. Was that your
21 long as my side stays intact, but, you know, I 21 question?
22 don't have a problem with vacating my property 22 MR. WALLACE: That's my question.
23 for three days, four days, a week, whatever it 23 MR. STELZMANN: Yeah, I could -- I could
24 takes. So --24 move in there, yeah, temporarily at least,
25 SPECIAL MAGISTRATE: How much time would 25 so -- because it's in great condition, so --
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1 MR. WALLACE: Nothing further, Judge. 1 solution, but I don't have the ability to order
2 SPECIAL MAGISTRATE: Okay. I don't have 2 it.
3 anything else for you. 3 So if that's it --
4 Wells Fargo, do you have any evidence you 4 MS. KOZLOWSKI: Yep.
5 want to put on or -- 5 SPECIAL MAGISTRATE: -- then you can sit.
6 MS. KOZLOWSKI: Yeah, I think so. 6 Anything else from the City?
7 SPECIAL MAGISTRATE: Okay. 7 MR. WALLACE: No, Your Honor.
8 MS. KOZLOWSKI: On behalf of Wells Fargo. 8 SPECIAL MAGISTRATE: Anything else,
9 SPECIAL MAGISTRATE: Sure. Come on up. 9 Mr. Stelzmann?
10 Mr. Stelzmann, you can sit down. 10 MR. STELZMANN: No, sir.
11 MR. STELZMANN: All right. 11 SPECIAL MAGISTRATE: So hearing no further
12 Ms. Kozlowski approaches the podium.) 12 evidence, I'm going to close the evidentiary
13 MS. KOZLOWSKI: I kind of would like to 13 portion.
14 know -- Wells Fargo has been working very 14 I'm going to explain some of the bases --
15 diligently with Mr. Stelzmann. I don't know --15 and primarily, Mr. Stelzmann, this is really
16 SPECIAL MAGISTRATE: Real quickly, state 16 for your benefit, so --
17 your name for the record, please. 17 The problem the City is confronted with is
18 MS. KOZLOWSKI: Regina Kozlowski. 18 we have an obviously dilapidated structure in
19 SPECIAL MAGISTRATE: Okay.19 198. The evidence that is clear and
20 MS. KOZLOWSKI: And there are -- 20 uncontradicted, that is, it poses a danger of
21 CITY EMPLOYEE: She didn't take the oath. 21 collapse at some, unfortunately, unknown point
22 SPECIAL MAGISTRATE: Did you raise your 22 in time in the future. We are fortunate now,
23 hand when I swore everybody in? 23 sitting in the last day of October, that we're
24 MS. KOZLOWSKI: I'll raise it. 24 probably -- probably clear of high-wind events
25 SPECIAL MAGISTRATE: All right. Thank 25 until perhaps May or June of next year, but
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1 you. Appreciate that. 1 there's no guarantee of that and we all know
2 So do you swear or affirm that the 2 that there's going to be a lot of rain with
3 evidence you are about to give will be the 3 nor'easters and events such as that.
4 truth, the whole truth, and nothing but the 4 But in this -- this structure is
5 truth? 5 essentially a nuisance, and the law allows me
6 MS. KOZLOWSKI: Yes. 6 to order whatever is necessary to bring the
7 SPECIAL MAGISTRATE: Go ahead. 7 structure into compliance. Now, we've already
8 MS. KOZLOWSKI: So I just wanted to state 8 ordered the prior owners to bring the structure
9 that Wells Fargo has been working to resolve 9 into compliance and it hasn't been brought into
10 this issue. They definitely want to take their 10 compliance.
11 side down. And we approached the other half,11 The evidence indicates it's possible to
12 196, many times with -- no, doesn't even want 12 tear down 198 and preserve 196, but that's
13 to talk in regards to Wells Fargo purchasing 13 obviously going to be a difficult thing to do.
14 their half to solve this issue. 14 The real difficulty I'm confronted with,
15 Other than that, I don't know -- just 15 Mr. Stelzmann, is what happens if I order the
16 trying to offer ... 16 structure to be brought into compliance and
17 SPECIAL MAGISTRATE: Okay. Well, 17 Wells Fargo doesn't do it. That's -- you know,
18 unfortunately, we've got a pretty confined 18 I have to think a couple of steps out ahead.
19 scope. I would love to have the authority to 19 So I can issue an order that tells Wells Fargo
20 order the parties to mediate and someone on 20 to bring 198 into compliance, whatever that
21 behalf of Wells Fargo to appear, but, 21 requires, but if they don't do it, what then?
22 unfortunately, I don't have that authority. 22 That's the real issue I've got to wrestle with.
23 MS. KOZLOWSKI: Right.23 The City itself has the authority, if
24 SPECIAL MAGISTRATE: I work within a 24 necessary, to demolish structures. At some
25 narrow scope. I think that would be the best 25 point, the City has an obligation to the
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1 surrounding residents to deal with nuisance 1 I'm going to get that out very quickly because
2 structures like 198. 2 you're entitled to that.
3 And I want to be very clear. You haven't 3 Remember that you have ten days to seek a
4 done anything wrong. You know, you didn't 4 rehearing. A rehearing is based on new
5 cause this problem, and we're aware of that. 5 evidence. That could be an engineer's report
6 There's no evidence that you violated the code 6 that says none of this is necessary, but it's
7 or failed to maintain your side of the 7 got to be -- there has to be some -- something
8 property. There's aspects of the property 8 we overlooked in this hearing or some kind of
9 maintenance code that are implicated simply by 9 new evidence, and that's a short fuse.
10 the things that the adjoining property owner 10 You also have the right to appeal my
11 did and did not do, but I want you to 11 decision. That Notice of Appeal has to be
12 understand that this isn't about your failures.12 filed within 30 days.
13 It's a really unfortunate situation where the 13 If you haven't talked to a lawyer, I would
14 prior owner abandoned the property. Wells 14 recommend that you do. This is a very complex
15 Fargo only got a Certificate of Title a few 15 property rights situation where you have --
16 months ago. 16 your adjoining property owner is -- has a
17 I am going to order Wells Fargo to bring 17 condition that, in fairness, it inherited
18 198 into compliance. My order is not going to 18 that's causing you a lot of problems, and this
19 say what that's going to look like. I will 19 is -- you know, this is a very tough situation
20 order that they need to have a plan to bring it 20 to navigate, so I would highly recommend, if
21 into compliance, submitted within 21 days. 21 you haven't talked to a lawyer, get one, talk
22 If Wells Fargo does not bring the property 22 to him, because the City is in the position of
23 into compliance -- and this touches on a 23 having to balance the rights of not just you
24 difficulty. Unfortunately, Mr. Stelzmann, you 24 but all the people around you.
25 can't go over there and take care of the 25 And I think we can all agree that if we do
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I problem yourself because you don't own the 1 have a high-wind event, 198 is going to create
2 property. So, you know, if you applied for a 2 a serious problem, not just for you but for the
3 building permit to demolish the structure and 3 people in the general area too, and that's
4 shore your own house, the City couldn't grant 4 something that we just have to deal with.
5 it.5 So I know this is very difficult and I
6 If Wells Fargo does not have a plan to 6 will get a written decision out to you. You'll
7 bring the property into compliance within 7 be served with it. And hopefully some kind of
8 90 days -- and when I say that, I mean it has 8 solution that doesn't require you to have to
9 to be 90 days, where it's compliant, the 9 vacate can be reached or, alternatively,
10 problem has to be fixed -- then I'm going to 10 something that you can live with and are happy
11 authorize the City of Atlantic Beach to proceed 11 with. I do understand this is very difficult.
12 with the demolition of 198. 12 With that, I'll conclude the hearing.
13 Now, the City will have to formulate the 13 The foregoing proceedings were adjourned
14 198 demolition plans. I'm going to have to 14 at 11:45 a.m.)
15 order you to vacate your property during the 15
16 demolition. 16
17 Alternatively, if the City determines that 17
18 it cannot, with economic feasibility, leave 18
19 your property standing, there's no alternative 19
20 but to take both of them down. And I would 20
21 have to order you to vacate the property at 21
22 that time. 22
23 Remember, you have -- and I'm going to put 23
24 this all in a written decision. You'll have 24
25 findings of fact and conclusions of law, and 25
Diane M.Tropia, Inc.,Post Office Box 2375,Jacksonville, FL 32203 Diane M.Tropia, Inc., Post Office Box 2375,Jacksonville, FL 32203
904)821-0300 904)821-0300
23 of 36 sheets Page 89 to 92 of 93 11/26/2019 11:46:36 AM
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October 31,2019
93
1 CERTIFICATE OF REPORTER
2
3 STATE OF FLORIDA)
4 COUNTY OF DUVAL )
5
6
7 I, Diane M. Tropia, Florida Professional
8 Reporter, certify that I was authorized to transcribe
9 the foregoing videotaped proceedings and that the
10 transcript is a true and complete record of my
11 stenographic notes.
12
13
14
15 DATED this 26th day of November 2019.
16
17
18
19 Diane M. Tropia
Florida Professional Reporter
20
21
22
23
24
25
Diane M.Tropia,Inc.,Post Office Box 2375,Jacksonville,FL 32203
904)821-0300
11/26/2019 11:46:36 AM Page 93 to 93 of 93 24 of 36 sheets
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October 31,2019
1
177[1]-13:24 1982[2]-45:24,45:25 -63:22 ability(2]-48:12,87:1
17th[1]-27:25 1983[6]-20:9,30:15, 39[1]-57:3 able[3]-8:7,65:6,
230,000[1]-23:14 181[1]-27:16 31:22,33:20,43:21,82:18
250[3]-15:15, 18th[2]-16:18, 16:19 78:16 4 absolutely[1]-79:10
18:16, 19:1 190[2]-51:15,71:16 1992[1)-41:11 accept[1]-39:7
5,000[2]-23:14, 1920[1]-47:10 1997[1]-58:4 4[5]-15:21, 16:10, accomplished[1]-
23:16 196[59]-2:7,8:22,19th[2)-24:19,24:21 16:22, 16:23 72:8
10:4, 10:5, 10:7,1st[1]-24:22 40[3]-58:16,63:20, accordance[1]-
10:19, 11:18, 12:1, 63:21 29:18
12:3, 12:6, 12:12, 2 42[1]-17:6 according[1]-8:24
60s[1]-40:24 13:3, 13:6, 13:15, 44[1]-17:6 accurately[1]-28:11
70s[1]-40:9 13:19,20:7,20:22, 2(3]-13:22, 13:23 acknowledge[1]-
80s[1]-81:14 26:18,27:10,29:14, 20[4]-30:21,67:9, 5 52:15
83[1]-79:4 43:9,43:19,43:23, 67:14,68:2 act[1]-40:6
90s[1]-40:4 44:12,45:18,47:16, 200[2]-27:17,81:9 5[7]-17:6, 17:8, action[3)-7:3,24:20
48:13,50:16,53:17, 2003[1]-58:9 17:12, 17:20, 18:9, actions[1]-22:13
1 54:20,54:23,55:3, 20041 58:23 18:12, 19:5f1- active[1]-50:9
55:10,56:21,59:17, 2007[2]-58:24,59:1 50(3]-58:16,58:17,
actual[5]-9:20,
1[4]-13:11,21:9, 59:18,64:20,65:7, 2014[4]-14:14, 15:2, 68:23
24:15,41:7,64:12,
68:3,79:15 65:8,65:13,65:15,16:15, 16:25 5th[1]-17:15
71:5
10[9]-3:7, 14:21, 65:16,66:8,69:3, 2016[3]-16:20, adding[1]-63:4
25:10,25:12,27:2, 71:21,72:3,72:17,17:15,27:25 6 addition[1]-8:7
47:2,48:25,58:15, 74:8,75:13,76:15, 2017(6]-16:17, additional[2]-37:18,
61:7 76:17,78:24,78:25, 18:14,63:1,69:1, 6[3]-18:18, 18:22,
69:24
100[1]-81:9 79:7,79:8, 82:14, 78:19,81:18 19:9
ADDRESS[1]-2:7
103[1]-25:10 86:12,88:12 201923 1:7,3:1,60(1]-58:17
adjacent(1]-20:21
10:00[2]-1:8,3:1 196's[1]-73:1 3:6,20:3,22:11,606.2.1[1]-66:20
68[1)-19:13 adjoining[2]-89:10,
11[6]-26:8,26:10,196/198[2)-13:5, 24:19,24:21,24:23,91:16
27:3,48:1,66:15, 56:1 24:24,25:5,25:25, adjourn[1]-83:18
66:16 1960s[1]-41:2 26:18,28:5,28:6, 7
adjourned[I]-92:13
116[1]-25:11 1965[1]-41:4 28:8,28:13,47:10,administrative[1]-
117[11-48:17 198[a6]-2:7,8:22, 48:6,49:8,49:11, 7[a]-14:20, 19:13,
19:19,20:2,21:9, 39:18
118[1]-48:17 10:5, 10:7, 10:19, 49:25,54:9, 93:15
adopted(1]-53:4
119[1]-26:9 10:21, 10:23, 11:3, 21[2]-1:15,89:21 41:18,41:22
71[1]-21:23 adult[1]-81:6
11:45[1]-92:14 11:5, 11:11, 11:15, 21st[1]-49:11 affect[4]-30:10,
11th[1]-28:5 11:24, 12:11, 13:3, 25(4]-40:4,68:1, 73[1]-21:23
75[2]-51:1,67:17 31:25,34:1,36:1
12[7]-27:15,28:8, 13:6, 14:1, 14:5, 68:11,68:24 affected[2]-67:16,
14:7, 14:12, 15:3, 25th[1] 43:7 76[1]-23:751:14,51:17,52:25,
70:13,71:11 15:16, 19:22, 19:24, 26th[2]-22:11,93:15
7th(1)-20:3
71:20
123[1]-66:17 20:7,20:14,22:8, 28[3]-10:13,44:2,
affecting[ -30:8
13[4]-48:16,48:18,22:15,23:25,24:16, 63:19 8 affirmm[3) 55:9,6:19,
49:10,49:13 25:2,25:22,26:18, 28th[4]-27:13,28:6,
86:2
14[7]-44:1,44:14, 27:10,28:12,31:20, 28:8,28:13
8[4]-21:22,21:24, affirmatively[1]-5:14
42:9,42:13,43:5, 22:10 AGC[1]-62:20
49:20,52:18,53:24, 2nd[5]-15:13, 18:14,
64:10,79:16 43:9,43:20,43:23,19:2,26:18,48:6
80(1] 23:7 AGC's[1]-62:19
14-00000980[1]-2:5 44:12,45:18,50:7,800[1)-1:9 agenda[18]-9:10,
14-foot[4]-63:25, 50:10,50:16,51:3,82[1]-49:20 9:11,9:14, 13:13,
3 84[1]-49:20 13:24, 14:21, 15:22,
64:7,64:8,68:21 53:17,54:21,54:22,
149[1]-26:9 56:13,60:1,60:2, 3[6]-14:20, 14:22,
17:7, 19:13,21:23,
60:14,62:10,62:14,
23:7,25:11,26:9,
15(1]-30:21 15:6, 15:22, 16:7, 9
15-foot[1]-81:20 65:6,65:14,65:18,17:3
27:17,48:17,49:21,
15-inch[1]-81:21 67:24,68:9,68:23, 30[4]-8:10,41:13,
9[4]-23:5,23:6, 51.16,71:17
150(1]-13:13
69:3,71:20,72:12, 67:12,91:12
23:11,23:23 ago[1]-89:16
151[1]-13:13
72:16,72:18,72:25, 300[1]-81:10
90[3] 58:13,90:8,agree[s]-30:8,
73:7,73:8,74:7,31[z)-1:7,3:1
90:9 30:11,63:10,69:9,
15th[3]-25:25,47:10, 73:16,74:19,77:16,
49:8
74:21,75:12,76:3, 31st[1]-3:6
78:21,79:6,82:15, A 78:24,91:25
16[1]-49:24 32233[1]-2:8
agreed[3]-24:8,
162[2)-3:15,6:3
87:19,88:12,88:20,
35[4]-51:10,56:24,
89:2,89:18,90:12,a.m[4]-1:8,3:1,3:7, 34:20, 55:4
16th[2]-52:3,54:9 57:5,63:20 92:14 agreement[1]-12:1090:14,92:1
35-foot-by-28-foot[1]17[1]-16:24abandoned[1]-89:14 ahead[5]-33:18,
Diane M. Tropia, Inc., Jost Office Box 2375,Jacksonville', fl32203
25 of 36 sheets 904) 821-0300 11/26/2019 11:46:36 AM
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October 31,2019
2
34:15,80:11,86:7, area[4]-67:12,71:11, attached[1]-76:9 86:21 52:11,53:7,53:9,
88:18 71:17,92:3 attend[1]-58:5 behavior[1]-30:2 53:12,55:19,60:6,
Air[2]-31:10,81:9 argue[1]-60:16 Audience[1]-5:16 belief[1]-50:14 60:8,60:18,61:4,
Alexander[3]- 1:14, Arlington[11]-19:23, AUDIENCE[5]-4:5, below[1]-70:23 62:11,64:13,64:23,
57:21,58:22 21:3,28:17,38:7, 4:22, 5:7,5:13,5:19 benefit[1]-87:16 66:1,66:2,66:10,
allow[1]-62:13 38:8,38:11,54:7, audience[1]-10:3 best[2]-83:19,86:25 67:19,68:12,68:24,
allows[1]-88:5 57:7,57:9,57:12, August[8]-11:8, better[2]-58:19,79:2 68:25,69:6,70:4,
almost[2]-42:22 77:14 17:14, 17:15,25:5, between[4]-27:1, 70:6,76:12,78:1,
alone[2]-48:13, ARLINGTON[78]- 25:25,47:9,49:8, 62:23,77:21,81:23 78:18,79:8,90:3
64:21 1:13,38:11,38:15, 49:11 big[1]-65:2 buildings[8]-13:9,
alternative[1]-90:19 38:18,38:22,38:25, authority[3]-86:19, bit[6]-21:8,57:25, 53:7,58:18,60:25,
alternatively[2]- 39:11,39:17,39:24, 86:22,88:23 58:11,65:20,71:25, 67:19,67:20,74:21
90:17,92:9 40:2,40:8,40:12, authorize[1]-90:11 75:16 built[5]-20:9,30:15,
amount[3]-15:15, 40:15,40:18,40:22, authorized[1]-93:8 block[4]-63:23,81:9, 40:10,40:13,56:1
18:16,68:9 41:4,41:10,41:15, avoid[1]-74:2 81:10,81:17 burden[1]-3:24
analysis[1]-25:2 41:24,42:4,42:10, aware[1]-89:5 blowing[1]-63:24 business[1]-9:9
anchor[1]-65:2 42:14,43:6,43:11,blown[1]-56:20
anchors[1]-18:6 43:15,43:21,43:25, B blows[1]-44:23 C
andrew[1]-2:6 44:14,44:16,44:19, blueprints[1]-33:20
45:9,45:16,45:22, bachelor[1]-58:3 calculating[1]-59:9Andrew[3]-4:2,8:25,Board[3]-15:7,
13:15 46:7,46:13,46:25, background[1]-32:7 22:14,22:19
calculation[1]-65:4
Andy[1]-29:14 47:4,47:9,47:14, Background[1]-20:7 board[2]-70:22,71:4 calculations[7]-
ANGELA[1]-1:14 47:18,48:2,48:6, backhoe[1]-35:16 boards[1]-35:19 62:22,64:12,64:18,
Angela[2]-12:13,
48:10,48:14,48:19, backing[1]-21:7 bottom[1]-68:7 72:15,78:6,78:14,
49:1,49:4,49:11, bad[1]-68:10 79:9
12:20 brace[3]-72:22,
49:14,49:23,50:3, cannot[6]-47:23,
angle[3]-72:20, balance[1]-91:23 73:6,73:8
72:22,73:4
50:6,50:18,50:25,
balcony[8]-31:23, braces[3]-72:20,
50:11,64:20,68:4,
51:5,51:18,51:24, 90:18
announce[2]-7:16, 33:24,34:1, 35:23, 72:24,73:4
7:20
52:5,52:14,52:17, 35:24,36:2 bracing[1]-50:10 capability[1]-50:12
answer[3]-5:8,
52:20,53:2,53:14, band[2]-70:22,71:4Branham[3]-1:7,capacity[4)-39:23,
72:19,83:11 bank[1]-12:10 3:8,5:21
53:22,54:2,54:13, 67:7,67:10,67:15
54:18,54:25,55:11, car[1]-59:23
answered[1]-78:9based[9]-3:19, bridges[1]-57:4
55:15,55:23,56:3, care[1]-89:25
apart[6]-30:21, 20:14,32:6, 53:18, brief[3]-9:23, 10:1,
35:18,35:19,70:1,
56:5, 56:9,56:12,
54:16,61:12,64:16, careful[1]-55:17
76:21
56:16,57:1,57:15
75:1,82:179:3,91:4 briefly[2]-39:15, carefully[1]-37:2
apartments[1]-40:14
Arlington's[1]-63:7
bases[1]-87:14 80.24
carpenter[1]-40:5
Apex[2]-59:2,59:6
arrange[1]-52:10
basic 3 -3:12, 3:16,carrying[2]-67:7,
p
aspect[1]-55:7
1 bring[s]-74:3,77:4,
67:10
apologize[2]-16:12, 35:1 88:6,88:8,88:20,
aspects[1]-89:8 case[3]-7:2, 17:15,27:19 basics[2]-6:2,81:5 89:17,89:20,89:22,
assemblies[1]-20:17 33:1
apparent[1]-70:5 BEACH[1]-1:1 90:7
Appeal[1]-91:11
assessed[1]-69:22 Beach[27]-1:10,2:8, brought[4]-66:9,
CASE[1]-2:5
appeal[4]-8:3,8:8,
assessment[1]- 3:6, 3:15,3:23,4:1, 69:1,88:9,88:16 catch[2]-31:1, 31:5
8:13,91:10
69:20 caught[3]-6:24,5:25,6:4,7:1,8:23, buckled[1]-71:7
associated[4]-17:2, 30:25,31:5
appear[2]-20:11, 12:15, 12:22, 12:25, buckling[2]-70:22,
86:21
43:9,53:19,63:4 15:7,21:11,33:11, 71 4 caused[3]-27:6,
assume[11-65:6 37:17,38:12,38:14,61:15,69:12
applied[1]-90:2 build[1]-73:5
assuming[3]-37:9,38:17,39:16,40:3,causing[3]-29:24,
apply[2]-53:6,78:14 builder[1]-39:6
54:22,55:9 61:17,91:18
appreciate[1]-86:1 53:4,63:2,80:17, Building[15]-1:13,
approach[1]-79:11
assumption[1]- 81:7,90:11 20:25,39:19,53:6, caving[2]-51:7,51:8
75:17 beam[1]-64:25 ceiling[1]-20:17approached[1]53:13,59:3,59:15,
86:11
ATLANTIC[1]-1:1 bear[1]-62:3 63:2,66:11,66:18, cell[2]-8:16,59:6
Atlantic[26]-1:10,bearing[5]-13:8, 66:21,67:18,69:1, Century[1]-1:15
approaches[6]
2:7,3:6,3:15,3:23,
12:16,29:8,38:8, 46:6,46:8,62:1, 78:19 certainly[1]-41:20
4:1,5:25,6:4,7:1,fi2:4 CERTIFICATE[1]-
57:17,80:23,85:12
8:23, 12:14, 12:22,
building[4s]-10:17,
approve[1]-39:7 bears 11]-3:23 15:14, 19:22,20:11, 93:1
12:25, 15:7,21:11, became[2]-11:11, 30:14,35:11,36:14, Certificate[6]-13:25,
approximate[1]
33:11,37:17,38:12, 21:17,24:18,24:21,
43:19 42:17 38:12,38:14,39:15,
38:14,38:17,39:16, become[1]-62:5 39:17,39:22,40:2, 53:10,89:15
April[3]-14:14,
53:4,63:2,80:17,
22:11,28:5 begin[2]-3:11, 9:7 43:23,44:2,45:18, Certified[1]-52:21
81:7,90:11
architect[1]-44:7 behalf[2]-85:8, 45:25,46:10,50:7, certified[4]-21:10,
Diane 14. Tropia, Inc., Post Office .`Box 2375,Jacksonville', fiD 32203
11/26/2019 11:46:36 AM 904) 821-0300 26 of 36 sheets
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October31,2019
3
21:15,21:18,52:19 codes[1]-20:12 concern[2]-47:16,26:21,45:25,47:11, danger[7]-9:2,
certify[1]-93:8 collapse[16]-9:2, 48:12 48:7,49:6,52:7 11:16,50:17,50:19,
Chambers[1]-1:9 11:17, 11:18,50:8, concerning[5]-11:3, corner[3]-61:18, 56:19,87:20
chance[3]-34:11, 50:9,50:17,50:19, 23:25,52:13,53:16, 61:22,61:24 dangerous[7]-9:5,
34:24,79:2 50:20,51:20,62:6, 63:7 cornice[1]-51:6 12:4,49:17,50:7,
changed[2]-22:22,65:9,70:7,76:3,concerns[1]-8:22 correct[16]-3:22, 55:2, 55:8,56:19
22:25 77:15,77:21,87:21 conclude[1]-92:12 11:22, 11:25, 14:10, date[10]-16:23,20:1,
Chapter[2]-3:15,6:3 collapsed[4)-51:22, concluded[41-10:24, 14:11, 16:8, 17:4, 22:9,24:15,25:23,
choice[1]-74:10 56:13,70:21,71:7 11:14, 11:16, 11:21 18:15,21:6,23:3, 27:22,43:18,43:19,
chunk[1]-56:21 collapses(2]-56:17, conclusion[1]-47:22 45:8,46:24,46:25, 48:5,49:9
cinder[1]-81:17 76:12 conclusions[3]- 54:14,63:9,74:15 DATED[1]-93:15
circle[2]-51:21, collapsing[1]-11:16 61:8,61:13,90:25 corrections[2]-39:6, dated[6]-16:17,
71:11 columns[1]-65:1 Condition[1]-68:3 39:21 16:24,28:4,28:8,
circled[1)-71:17 coming[2]-38:17,condition[12]-11:3, corrective[1]-22:13 49:8,49:24
Circuit[1)-8:9 63:23 28:12,53:16,67:1, corresponding[1)- dates[1]-28:3
citations[1]-30:3 command[1]-84:16 67:9,67:15,68:5, 45:12 daylight[1]-42:24
cite[1)-50:4 commencing[1]-1:8 78:2,78:22,84:14, County[6)-8:9, days[11]-8:6,8:10,
cited[4]-14:13, commercial[2]-39:3, 84:25,91:17 21:19,38:19,38:21, 30:16,55:5,82:23,
17:21, 19:4,50:6 58:15 conditions[1]-63:1 38:24,41:11 89:21,90:8,90:9,
CITY[2]-1:1,85:21 Commission[1]-1:9 confident[1]-78:20 COUNTY[1]-93:4 91:3,91:12
City[34]-1:9,3:5, common[s]-10:18, confined[1]-86:18 couple[7]-36:11,dead[1]-67:17
3:23,4:1,5:24, 7:1, 10:19, 13:8,33:24, confirmed[1]-69:23 54:8,65:1,77:13, deadlines[1]-8:12
7:8,8:4,9:7, 11:2,46:7,75:14,76:1, confirming[1]-13:15 80:17,82:10,88:18 deal[4]-32:16,83:19,
21:11,21:16,23:17, 76:9,76:10 confronted[2]- course[1]-11:2 89:1,92:4
32:19,33:7, 33:11, company[1]-71:24 87:17,88:14 court[11-32:14 debris[2]-42:25,
37:17,38:12,38:17, complete[3]-15:13, connection[1]-53:21 Court[2]-8:9,21:19 43:3
39:16,53:4,80:2, 67:25,93:10 constructed 12]- create[1]-92:1 decision[11]-7:16,
80:3,80:16,87:6, completed[1]-62:16 53:10,79:1 created[1]-33:20 7:18,7:19,7:20,
87:17,88:23,88:25, completely[5]-35:9, construction[21]-critical[2]-31:16, 7:21,8:3,8:8,83:17,
90:4,90:11,90:13, 35:17,60:15,71:21, 10:17,30:19,39:9, 36:5 90:24,91:11,92:6
90:17,91:22 76:3 39:10,39:11,39:13, cross[7]-7:7,7:9,decisions[1]-3:19
civil[2]-58:4,59:5 complex[3]-73:17,39:23,40:1,40:21, 32:9,33:9,33:13, deed[2]-13:14,21:13
clarify[2]-16:21, 82:13,91:14 40:23,41:7,43:19, 34:8,37:13 defects[1]-70:2
68:14 compliance[10]- 45:20,46:11,46:12, cross-examination[2) defendant[1]-15:12
clause[1]-66:19 19:1, 88:7,88:9, 46:13,56:16,58:17, -32:9,33:9 defined[1)-67:23
cleanly[1]-65:7 88:10,88:16,88:20, 62:22,79:3,81:3 cross-examine[4]- definitely[3]-75:25,
clear[4]-39:8,87:19, 89:18,89:21,89:23, Consulting[2]-1:14, 7:7,7:9,33:13, 34:8 76:14,86:10
87:24,89:3 90:7 57:21 current[5]-20:11,definition[1]-67:3
Clerk[2]-8:5,21:18 compliant[1)-90:9 contact[3]-21:1, 62:25,66:8,66:9, deliver[1]-52:6
clips[1]-74:9 complicated[1)- 23:24,44:10 79:7 delivered[4]-49:3,
close[1]-87:12 10:22 contacted[1]-34:17 cutout[1]-71:2 49:4,52:3,53:25
closed[1]-57:4 Complies[171-6:17, contemporaneously demoing[2]-68:10,
COAB[2]-1:13, 1:14 14:24, 15:24, 17:9, [2]-47:12,48:8 D 72:12
code[13]-45:24, 18:20, 19:16,21:25, contested[1]-3:22 demolish[10]-22:8,
45:25,46:10,55:21, 23:8,25:14,26:11, continued[2]-9:6, damage[23]-20:23,30:7, 35:9,35:17,
56:2,66:9,68:13, 27:20,48:2,48:19, 51:4 60:9,61:1,61:14, 36:7, 54:11,54:16,
78:16,79:8,81:14, 49:23,51:18,51:24, continuous[1]-46:4 61:19,61:22,62:2, 54:22,88:24,90:3
89:6,89:9 71:14 contract[1]-62:21 66:20,66:23,66:24, demolished[5]-
CODE[1)-1:2 complies[11-47:4 contracted[1]-25:4 67:2,67:4,67:6, 19:25,20:19,20:21,
Code[31]-1:14,3:5, comply[6]-4:22, contractor[2]-40:7, 67:23,68:9,69:19, 24:8,79:7
3:16,5:22,6:4,6:7, 20:11,55:21,56:2, 62:8 69:24,73:22,74:3, demolishing[3]-
12:14, 12:21, 14:9, 56:8,56:11 contractors[1]-40:9 74:23,75:9,76:13 30:10,62:14,82:14
15:7, 15:11, 18:24, Comply[1]-5:7 contractors[4]-
damaged[6]-20:18, demolition[12]-12:8,
20:25,22:14,22:19, complying[1]-20:24 34:18,35:11,36:14, 60:21,66:24,68:2, 23:21,24:9,35:14,
23:12,41:25,42:5, component[1]-67:11 82:2 75:2,79:2 54:21,55:1,55:3,
52:22,53:3,53:6, components[2]- control[1]-46:17 Damiano[2]-59:3, 67:25,72:17,90:12,
53:13,54:3,59:15, 67:11,68:12 conversations[1]-
59.4 90:14,90:16
63:2,66:11,66:18, composite[1]-70:13 82:2 Dan[5]-19:22,21:3, demolitioning[1]-
66:21,67:18,69:1, compromised[1]-copies[2]-9:9,21:10 38:6,38:11,75:15 66:10
78:19 62:5 copy[8]-9:14,26:2, DAN[1]-1:13 demonstration[1]-
Dian¢ M. Tropia, Inc., Post Office Box 2375,Jackonvill¢', fl.D 32203
27 of 36 sheets
904) 821-0300 11/26/2019 11:46:36 AM
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October 31,2019
4
34:4 documented[1]- easily[1]-31:1 essentially[1]-88:5 25:12,26:8,26:10,
Department[2]- 19:23 east[3]-59:23,60:19 establish[1]-34:10 27:2,27:3,27:15,
39:19,63:3 documents[4]- easy[1]-64:15 establishing[1]-14:4 28:8,41:18,41:22,
dependent[1]-10:18 39:12,39:13,79:13, echo[1]-75:15 estate[1]-34:19 47:2,48:1,48:16,
describe[4]-13:5, 79:14 economic[1]-90:18 estimates[1]-36:20 48:18,48:25,49:10,
39:14,42:6,42:12 done[12]-8:5,8:10, economically[1]-evaluating[2]-81:3, 49:13,49:20,51:14,
described[3]-54:17, 35:11,55:15,55:16, 74:18 82:4 51:17,52:18,52:25,
61:12,81:19 55:19,58:14,65:25, education[1]-58:1 event[6]-12:1,50:20, 53:24,61:7,66:15,
designed[2]-45:21, 72:5,74:13,77:10, effect[2]-31:21, 50:22,56:20,65:10, 66:16,70:13, 71:11
46:14 89:4 35:21 77:15,77:19,92:1 Exhibits[2]-21:9,
designer[1]-44:7 doors[2]-84:3,84:7 effective[1]-30:24 events[2]-87:24, 79:15
details[1]-62:22 Dora[1]-11:10 eight[1]-44:16 88:3 exhibits[7]-9:14,
deteriorate[1]-27:6 Dorian[5]-27:5, 51:9, either[6]-12:8, eventually[2]-39:7, 9:20,21:10,29:15,
deteriorated[1]- 56:22,56:24,69:19 28:21,28:23,28:25, 74:8 29:16,57:15,76:24
20:18 double[1]-27:19 40:18,65:18 evidence[15]-3:20, existed[1]-78:16
deterioration[3]- double-sided[1]-element[1]-66:25 5:10,6:19,7:5,7:24, existing[5]-20:21,
29:24,36:16,50:15 27:19 elements[3]-64:1,79:16,80:6,85:4, 30:20,53:6,63:5,
determine[1]-13:18 doubt[2]-31:18,36:6 67:4,67:16 86:3,87:12,87:19, 66:21
determines[1]-90:17 Douglas[4]-15:19, eleven[1]-38:22 88:11,89:6,91:5, exists[2]-68:9,78:17
determining[1]-17:18,22:7,22:20 EMPLOYEE[1]- 91:9 expect[1]-33:11
59:10 down[37]-10:15, 85:21 Evidence[1]-7:25 expectation[1]-
develop[1]-64:4 12:11, 13:8,20:19, employment[1]-41:8 evidentiary[1]-87:12 75:21
development[1]- 23:14,31:19,31:25, end[10]-7:16,7:18, exact[1]-30:2 expected[1]-64:23
59:6 33:25,37:18,42:18, 37:10,59:23,60:17, exactly[5]-30:3, expensive[2]-11:25,
Diane[2]-93:7,93:19 46:19,47:20,55:5, 60:19,63:25,64:25, 31:8,31:13,63:21, 35:15
different(4]- 10:8, 56:20,60:21,60:23, 68:11,76:9 64:14 experience[5]-
44:4,46:21,78:17 65:2,65:13,65:18, endangers[1]-9:3 examination[2]- 39:25,41:13, 50:23,
difficult[4]-73:6, 66:2,68:8,71:21, ENFORCEMENT[1]- 32:9,33:9 64:17,75:4
88:13,92:5,92:11 72:23,73:14,73:23, 1:2 examine[4]-7:7,7:9, experienced[1]-57:2
difficulty[2]-88:14,74:7,74:11,74:21, Enforcement[17]- 33:13,34:8 expert[1]-30:18
89:24 75:3,75:7,83:9, 1:14,3:5,5:22,6:8, examiner[3]-38:18, expertise[1]-34:5
dilapidated[3]- 84:3,84:7,85:10, 12:14, 12:22, 14:9, 38:24,38:25 explain[4]-46:9,
11:12, 18:7,87:18 86:11,88:12,90:20 15:7, 15:11, 18:25, exceed[1]-67:1 52:6,69:11,87:14
dilapidation[3]- dozens[1]-42:10 22:14,22:19,23:12, exceeded[1]-68:4 exposed[1]-20:24
11:15,42:13,51:4 drawings[3]-39:10, 41:25,42:5,52:22, exceeds[1]-81:18 extensive[2]-61:18,
diligently[1]-85:15 39:11,39:23 54:3 excellent[2]-7:15, 74:4
dimension[1]-45:15 drill[1]-73:9 engage[1]-25:1 84:14 extent[2]-73:13,
dimensions[2]- drywall[2]-73:25,engaged[1]-11:4 except[2]-30:9, 75:8
44:11,63:8 74:24 engineer[15]-11:4,31:13 exterior[1]-18:3
direct[2]-51:15, due[5]-10:16, 11:10, 11:12, 11:21,25:1, exception[1]-81:12 extremely[2]-11:25,
78:12 11:14,50:15,61:19 25:5,25:7,25:21, exceptions[1]-81:15 60:6
direction[2]-24:14, duplex[7]-10:6, 57:24,58:2,58:8, excuse[4]-14:20,
67:8 10:9, 13:7, 31:4, 58:12,59:9,61:14, 23:6,65:14,82:14 F
directly[2]-9:24, 35:12,46:12,46:13 64:17,80:25 execution[2]-8:6,
63:24 duplex-type[2]- engineer's[2]-58:10, 8:11 fact[e]-3:22,29:22,
disagrees[1]-8:2 46:12,46:13 91:5 exert[1]-76:4 30:9,35:8,46:23,
discussed[1]-41:17 duplexes[2]-40:17, engineering[16]- exhibit[4]-26:8, 54:11,69:2,69:24,
discussing[1]-81:13 46:1 11:7,43:9,43:12, 41:17,48:17,66:12 90:25
discussions[1]-24:4 during[8]-5:3,54:21, 43:14,47:5,48:3, Exhibit[65]-13:11, fail[3]-61:25,78:20,
disrepair[2]-10:22,55:1,65:21,71:22, 48:22,48:24,49:7, 13:22, 13:23, 14:20, 79:3
18:5
72:7,77:14,90:15 52:8,53:20, 58:4, 14:22, 15:6, 15:21, failed[2]-31:7,89:7
distinction[1]-46:23 duties[2]-38:23, 59:5,69:12,82:4 15:22, 16:7, 16:10, failing[1]-76:7
39:15 enter[3]-60:15, 16:22, 16:23, 17:3, failure[s]-9:2,60:23,
divided[2]-10:15,
81:21 Duval[2]-8:9,21:19 60:17,62:8 17:6, 17:8, 17:12, 61:21,61:24,81:4
DUVAL[1]-93:4 enters[1]-5:16 17:20, 18:9, 18:12, failures[1]-89:12
document[15]-9:21,
fairness[1]-91:17
13:17, 14:3, 15:23,entire[6]-50:6,62:5, 18:18, 18:22, 19:5,
18:18, 18:19, 19:12, E 66:6,68:1,68:13, 19:9, 19:13, 19:19, fall[2]-60:23,76:8
19:15,21:22,22:3, 68:24 20:2,21:22,21:24, fallen[1]-10:21
22:17,25:17,26:21, early[1]-10:25 entitled[1]-91:2 22:10,23:5,23:6, falling[1]-71:9
50:1,70:18 early/mid[1]-41:2 Esq[1]-1:13 23:11,23:23,25:10, familiar[1]-81:8
Diane M. Tropia', Inc., Post Office Box 2375,JackzonvillR', 1i 32203
11/26/2019 11:46:36 AM 904) 821-0300 28 of 36 sheets
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31 , 2019 Minutes October 31,2019
5
family[4]-40:11, first[20]-4:18,6:25, four[4]-40:15,40:19, 57:20 heard[1]-63:6
40:18,40:22,81:10 14:13, 17:2,27:23, 82:23 given[3]-18:14, HEARING[1]-1:3
far[4]-11:24,30:15, 32:18,33:23,35:21, four-unit[1]-40:19 37:11,54:9 hearing[20]-3:5,
70:3 36:1,40:20,42:24, frame[5]-20:10, goal[1]-73:23 5:25,6:2,7:13,7:17,
Fargo[39]-2:6,4:2,43:3,47:5,49:7, 56:16,64:25,65:3, gotcha[1]-84:17 7:18, 15:6, 15:10,
4:7,4:10,7:4,8:25, 60:3,64:6,65:14, 74:9 govern[2]-3:17, 3:18 16:6, 18:9, 18:12,
11:1, 11:3, 11:4, 69:15,69:16 framed[1]-20:16 governed[2]-3:14,18:13,22:18,22:21,
14:2, 14:4,22:22, five[5]-33:2,38:15, framing[1]-71:5 6:3 22:23,83:17,83:18,
23:25,24:5,24:8, 40:3,60:23,77:21 Friday[1]-43:6 government[1]-41:8 87:11,91:8,92:12
24:16,25:1,28:23, five-and-a-half[1]- front[6]-45:11,51:6, government-type[1]- hearsay[1]-34:21
30:5,37:25,38:3, 38:15 51:7,52:11,59:22, 41:8 held[1]-1:6
49:25,53:25,54:10, fixed[1]-90:10 61:6 Grace[3]-1:14, hello[1]-12:19
57:12,79:20,80:10, floor[17]-31:23, full[3]-20:4,58:24,57:21,58:22 help[1]-74:3
85:4,85:8,85:14, 42:19,42:21,42:24, 73:13 grandfather[1]- helpful[1]-10:2
86:9,86:13,86:21, 43:2,43:3,44:6,full-time[1]-58:24 40:24 high[al-50:20,
88:17,88:19,89:15, 60:11,60:21,61:19, fully[2]-32:25,79:1 grant[1]-90:4 50:22,56:19,65:9,
89:17,89:22,90:6 62:3,64:4,67:13, function[1]-45:21 granted[1]-47:19 77:15,77:19,87:24,
fast[1]-56:15 69:18,71:6,75:12 fuse[1]-91:9 gravity[1]-59:14 92:1
fastened[1]-75:23 flooring[1]-75:12 future[1]-87:22 great[4]-61:2,63:18, high-wind[a]-50:20,
father[1]-40:24 floors[2]-20:16,64:3 75:16,84:25 50:22,56:19,65:9,
feasibility[1]-90:18 FLORIDA[1]-93:3 G ground[1]-75:21 77:15,77:19,87:24,
feasible[1]-74:18 Florida[24]-1:10, group[1]-67:11 92:1
feet[9]-10:13,44:1, 2:8,3:14,6:3,7:25, garbage[1]-60:5 guarantee[1]-88:1 higher[3]-31:3,45:1,
44:2,44:14,44:16, 8:9,8:23,20:25,Gartner[13]-25:8,guess[5]-4:17, 84:16
60:4,63:19,63:21, 21:19,53:5,53:13, 26:6,26:17,26:25, 42:12,53:11,74:17, highly[3]-30:24,
64:10 58:6,58:8,59:14,44:19,57:14,57:17, 75:11 73:17,91:20
few[a]-35:1,36:18,63:1,66:11,66:18, 57:20,77:9,77:10, guessing[1]-57:5 history[1]-58:12
80:13,81:12,81:15, 66:21,67:18,69:1, 77:12,79:18,79:21 guideline[1]-8:1 hits[1]-64:4
84:2,84:6,89:15 78:19,83:16,93:7, GARTNER[51]-1:14, hoarding[1]-60:5
figure[3]-36:15, 93:19 57:20,57:24,58:3, H hole[4]-42:15,42:17,
64:15,73:11 follow[5]-11:13, 58:6,58:9,58:13, 42:18,70:24
file[1]-21:5 14:16, 15:22,83:23, 58:23,59:2,59:13, half[13]-20:8,20:15, holes[4]-29:22,
filed[1]-91:12 83:24 59:18,59:21,60:2, 31:20,38:15,47:20, 29:23,43:1
files[1]-19:21 follow-up[4]-11:13, 60:16,61:9,61:12, 47:21,47:23,50:13, home[2]-73:22,
filled[1]-42:25 14:16,83:23,83:24 63:9,63:15,63:17, 60:4,60:19,67:24, 82:16
final[1]-39:19 followed[1]-7:21 64:22,65:11,65:16, 86:11,86:14 Home[4]-2:6,4:2,
finally[1]-16:16 following[5]-3:13,66:1,66:16,68:17, halfway[1]-33:4 4:7,53:25
findings[5]-25:21,7:24, 17:15,59:14, 68:21,69:6,69:9, Hall[1]-1:9 homes[6]-40:11,
26:17,29:15,54:16, 61:13 69:14,69:25,70:8, halves[1]-44:4 81:6,81:7,81:10,
90:25 follows[1]-68:1 70:15,70:19,71:14, hand[2o]-4:21,5:6,81:11,84:8
fine[3)-16:4,31:24, foot[1]-60:4 71:23,72:6,72:11, 6:15, 14:19, 15:20, hone[2]-35:8,35:20
37:15 foot-and-a-half[1]-72:19,73:18,74:19, 17:5, 18:17, 19:12, Honor[7]-12:7,37:9,
fines[8]-15:14, 60:4 75:15,76:6,76:18, 23:4,27:8,27:14, 54:6,76:22,79:23,
16:15, 16:16, 18:15, footing[1]-73:11 77:17,77:23,78:1, 47:1,47:25,48:15, 82:8,87:7
18:25,22:23,23:13, footings[1]-65:2 78:8,78:15,78:23, 49:4,49:19, 51:13, Honorable[1]-1:7
23:15 force[4]-51:1,67:5, 79:10,79:23 52:6,70:12,85:23 hopefully[1]-92:7
finish[1]-25:13 76:4,76:5 Gartner's[3]-47:5, hand-deliver[1]-52:6 horizontal[2]-67:8,
finished[3]-14:23, foreclosure[6]- 48:3,82:5 hand-delivered[1]-69:7
37:20,77:8 10:23, 10:24,23:2, general[7]-8:1, 49:4 Horne[1]-59:4
finishes[2]-32:19,24:11,24:12,24:20 34:17,40:7,40:8, handle[1]-32:11 hour[6]-46:1,46:2,
33:8 foregoing[2]-92:13, 63:11,82:2,92:3 hands[4]-22:22, 46:3,51:10,56:25,
fire[6]-20:12,30:25, 93:9 generally[3]-13:4,23:1,24:9,41:7 57:5
31:1,31:5,81:25 formal[2]-7:21,32:5 42:11,72:16 hands-on[1]-41:7 house[4]-84:2,84:5,
firewall[12]-30:16, formulate[1]-90:13 generated[1]-62:13 happy[1]-92:10 84:6,90:4
30:20,30:25,45:23, fortunate[ii-87:22 genesis[1]-69:11 hard[4]-70:8,70:19, human[1]-17:22
46:1,46:2,46:3,forward[2]-24:13, gentleman[2]-29:17, 70:25,76:14 hundred[1]-55:24
55:21,56:1,81:13, 32:13 29:20 harder[2]-44:22, hurricane[a]-27:5,
81:17,81:24 foundation[1]-46:4 GEOFF[1]-1:14 63:13 49:14,49:15,49:16,
firewalls[4]-30:17, foundations[1]-63:5 Geoff[6]-25:8,26:6, hear[3]-10:5, 10:16, 51:1,56:24,74:9,
30:18,30:19, 31:2 founded[1]-58:23 26:17,26:25, 57:14, 77:22 74:11
Diane 14. Tropia', Inc., Post Office `['pox 2375,Jacksonville', ft 32203
29 of 36 sheets 904) 821-0300 11/26/2019 11:46:36 AM
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31 , 2019 Minutes October31,2019
6
Hurricane[2]-11:10, 81:22 J 87:23 locate[1]-43:13
56:22 intact[1]-82:21 late[1]-40:9 located[i]-8:22
hurricane-force[1]- interior[1]-46:6 Jacksonville[1]- lateral[7]-44:23, location[1]-67:21
51:1 International[1]- 21:16 62:24,64:1,67:5, lodging[1]-82:19
53:3 January[4]-15:13,67:6,68:11,68:15 Longman[2]-1:13,
I introduce[3]-12:17, 18:14, 19:2,24:19 law[2]-88:5,90:25 7:12
38:9,57:18 Jeb[3]-1:7, 3:8, 5:21 laws[2]-3:16,3:18 look[13]-13:11,
idea[1]-75:8 Investor[2]-23:18, job[3]-55:7,59:9,lawyer[2]-91:13, 25:12,28:1,33:19,
Identify[3]-16:1, 34:19 75:5 91:21 36:14,41:21,42:23,
18:22, 19:18 involves[1]-59:9 jobs[1]-59:5 laying[1]-43:3 45:5,47:3,48:1,
images[1]-31:9 IPMC[4]-53:1,53:2, John[1]-7:12 leak[1]-42:16 51:16,77:5,89:19
imagine[3]-44:19,53:13 JOHN[1]-1:13 leaked[1]-42:20 looked[1]-59:22
71:6,76:7 IRIZARRY[78]-1:14, Johns[4]-38:19, east[4]-20:19, looking[3]-45:14,
immediately[3]- 12:19, 12:23, 13:1, 38:21,38:24,41:10 75:19,84:10,84:24 47:21,74:7
15:21,36:17,83:2 13:6, 13:14, 13:20, joists[5]-71:6,75:12, leave[8]-41:6,47:20, lose[1]-8:13
imminent[8]-9:1, 13:25, 14:6, 14:11, 75:18,75:19,76:8 54:23,55:10,66:8, lost[1]-51:10
11:16,50:16,50:18, 14:14, 14:18, 14:24, judge[1]-9:23 83:3,83:7,90:18 rove[2]-83:17,86:19
60:22,61:20,61:23, 15:4, 15:8, 15:11, Judge[3]-9:8,41:19, leaving[1]-44:9
77:16 15:18, 15:24, 16:3, 85:1 eft[4]-60:20,65:21,M
implicated[1]-89:9 16:8, 16:11, 16:14, July[1]-24:22 68:19,70:3
important[3]-8:12,16:20, 16:24, 17:4, June[3]-24:21,30:6, length[1]-64:11 MAGISTRATE[98]-
31:6,44:1 17:9, 17:13, 17:18, 87:25 less[10]-32:5,45:2, 1:3,3:3,4:6,4:10,
imposed[6]-15:14,17:21, 18:10, 18:13,51:10,57:2,57:3, 4:12,4:15,4:18,
16:15, 16:16, 18:16, 18:20, 18:24, 19:6, K 64:10,66:20,66:22, 4:23,5:8,5:15,5:17,
18:25,44:25 19:10, 19:16, 19:20,66:23,67:17 5:20,5:24,6:7,6:10,
imposing[1]-16:4 20:3,20:6,21:6,keep[3]-33:9,34:2, letter[14]-48:20, 6:14,6:18,6:23,
impossible[1]-12:2 21:12,21:15,21:20, 36:3 49:3,49:5,49:8, 7:15, 9:12, 10:1,
inaudible[1]-47:9 21:25,22:4,22:6, keeping[1]-68:10 49:24,50:5,52:3, 28:16,28:19,28:22,
Inc[1]-1:14 22:11,22:16,22:20, kick[1]-72:23 52:10,52:13,52:22, 29:3,29:6,29:9,
inches[2]-30:21 23:3,23:8,23:12, Kimley[2]-59:4 53:24,54:9 30:13,32:1,32:12,
include[1]-63:3 23:17,24:2,24:5, Kimley-Horne[1]-level[4]-64:5,64:6,32:24,33:3,33:18,
inconsistencies[1]- 24:18,24:24,25:3, 59:4 66:7 34:6,34:14,34:23,
39:5 25:8,25:14,25:18, kind[12]-53:15,60:5, levels[2]-60:3,72:23 35:6,36:8,36:10,
independent[2]- 25:20,25:25,26:4, 60:22,61:1,64:10, Lewis[2]-1:13,7:12 36:13,36:19,36:23,
20:13,46:6 26:6,26:11,26:14, 73:4,73:25,74:20, license[3]-39:1, 37:6,37:15,38:3,
indicated[1]-38:4 26:16,26:22,26:25, 75:5,85:13,91:8, 40:9,58:10 41:20,54:7,54:14,
indicates[1]-88:11 27:5,27:11,27:13, 92:7 life[2]-9:3,81:6 54:19,55:9,55:12,
indicating)[1]-31:12 27:20,27:25,28:4, kinds[1]-35:3 Lighthouse[1]-1:15 55:20,55:24,56:4,
individual[2]-10:13, 28:10,28:14 kitchen[1]-75:20 likely[2]-3:21,79:4 56:7,56:10,56:13,
63:20 Irizarry[7]-12:14,knock[1]-47:19 limit[1]-33:14
56:22,57:6,57:11,
industry[3]-40:1, 12:16, 12:20,28:20,
KOZLOWSKI[18]-limited[1]-63:4
77:3,77:8,77:12,
40:21,41:7 28:24,32:22, 38:1 1:15,4:8,4:11,4:14, line[2]-46:19,68:7
77:18,77:25,78:4,
infiltration[1]-61:16 Issuance[3]-16:9,4:17,38:2,57:13, listed[1]-17:20
78:11,78:21,79:6,
inform[1]-49:16
23:22,48:9 79:12,79:14,79:20,
79:22,85:6,85:8, rive[3]-8:16,67:17,
issue[10]-7:19,9:1, 79:24,80:2,80:4,
informed[1]-29:21 85:13,85:18,85:20, 92:10
inherited[1]-91:17
12:7,42:3,49:13, 85:24,86:6,86:8,
80:10,80:16,80:20,
live-streamed[I]-
initial[5]-25:20,27:1,
69:12,86.10,86:14, 86:23,87:4 8:16
82:9,82:25,83:3,
48:24,51:23,71:12
88:19,88:22 Kozlowski[3]-4:14,
83:7,83:12,83:15,
living[z]-57:23,73:1
initials[1]-71:18
Issued[17]-11:6, 85:12,85:18
83:25,85:2,85:7,
11:7, 11:9, 14:16,
load[11]-13:8,46:6,
85:9,85:16,85:19,
input[1]-73:19 46:8,50:12,64:7,
15:2, 15:12, 16:6, 85:22,85:25,86:7,
inside[5]-60:1,61:3,
17:14 17:17 19:21
L 67:6,67:10,69:8,
86:17,86:24,87:5,
71:7,73:1,74:25 78:5,78:14,79:9
24:19,25:21,26:17, labeled[1]-61:7 87:8,87:11
inspect[1]-59:17 load-bearing[3]-30:2,47:13,53:8, lack[1]-34:3 magistrate[2]-3:9,
inspection[4]-11:6, 13:8,46:6,46:8
53:11 land 1 59:5
22'18
11:13,56:6,61:13 loading[1]-63:1
inspections[1]-
Issues[2]-82:11, larger[1]-56:21 loads[10]-44:23,
Magistrate[3]-1:8,
82:13 Laserfiche[i]-43:17
3:4,5:22
20:14 44:24,45:2,45:3,
install[1]-62:11
Issuing[1]-14:1
last[9]-9:11, 10:20,50:12,59:10,59:14,
mail[1]-52:19
itself[a]-47:23, Mail[1]-52:21
instead[1]-44:5 27:12, 35:21,36:18, 64:4,67:17,74:12
64:22,79:1,88:23 43:4,43:6,66:17,
mailed[1]-52:19
insulation[2]-30:24, local[1]-59:15
Diane M. Tropia', Inc., Post Office Box 2375,Jack5onvillR', 1132203--
11/26/2019 11:46:36 AM 9
04) 821-0300 30 of 36 sheets
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October 31,2019
7
maintain[1]-89:7 missed[1]-8:12 36:25,37:8, 38:6, 63:17,64:16,64:22, 79:22,85:6,85:8,
maintained[1]-17:25 missing[2]-69:16,38:9,38:11, 38:13, 65:5,65:11,65:12, 85:13,85:18,85:20,
Maintenance[1]- 70:3 38:15,38:16,38:18, 65:16,65:24,66:1, 85:24,86:6,86:8,
53:3 moisture[1]-20:17 38:20,38:22,38:23, 66:13,66:16,68:14, 86:23,87:4
maintenance[2]- moment[12]-14:22, 38:25,39:8,39:11, 68:17,68:18,68:21, multi[1]-31:3
53:5,89:9 15:23, 17:7, 18:19, 39:14,39:17,39:22, 69:2,69:6,69:7, multi-property[1]-
majority[1]-81:19 19:14,21:24, 23:6, 39:24,39:25,40:2, 69:9,69:10,69:14,31:3
manhole[1]-29:23 26:10,27:18,41:19, 40:6,40:8,40:10,69:22,69:25,70:1, multifamily[1]-40:13
manhole-size 0]- 49:21,76:20 40:12,40:13,40:15, 70:8,70:11,70:15, must[3]-8:10,20:19,
29:23 money[2]-11:23, 40:17,40:18,40:20, 70:16,70:19,71:10, 75:21
Manning[2]-59:3, 74:16 40:22,41:1,41:4, 71:14,71:15,71:23,
59:7 months[3]-36:18, 41:5,41:10,41:12, 72:4,72:6,72:7, N
March[1]-20:3 75:6,89:16 41:15,41:16,41:21, 72:11,72:14,72:19,
marked[22]-15:6,morning[2]-3:3,4:1 41:24,42:2,42:4, 73:16,73:18,74:14, NAME[1]-2:6
16:7, 16:10, 18:9, Mortgage[4]-2:6, 42:8,42:10,42:11, 74:19,75:10,75:15, name[9]-3:8,4:13,
18:18, 19:8, 19:12, 4:3,4:7,54:1 42:14,43:4,43:6, 76:2,76:6,76:16, 5:21,7:11, 12:20,
21:22,23:5,23:23, mortgage[1]-4:8 43:8,43:11,43:13, 76:18,76:20,76:22, 25:6,29:10,57:20,
26:8,27:2,27:3,most[5]-43:1,43:25, 43:15,43:18,43:21, 77:6,77:10,77:17, 85:17
27:15,41:18,47:2, 71:6,81:6,81:11 43:22,43:25,44:11, 77:23,78:1,78:8, narrow[5]-44:21,
48:16,48:25,51:14, mouse[1]-70:9 44:14,44:15,44:16, 78:15,78:23,79:10, 63:12,64:24,86:25
53:24,71:16,77:1 move[7]-24:13, 44:17,44:19,45:4, 79:11,79:13,79:19, narrower[1]-45:1
matter[s]-3:25,6:8, 66:11,72:12,76:23, 45:9,45:13,45:16, 79:23,79:25,80:3, narrowest[1]-45:15
8:21,61:21,74:13, 84:14,84:20,84:24 45:17,45:22,46:5, 80:8,80:12,80:19, nature[2]-11:14,
78:2 MR(392]-5:23,6:6,
46:7,46:9,46:13, 80:22,80:24,81:1, 59:12
maximum[1]-57:5 6:9,6:13,6:16,6:22,
46:22,46:25,47:1, 81:2,81:5,82:1, navigate[1]-91:20
mean[11]-47:10, 7:12,9:8,9:13,9:17, 47:4,47:7,47:9, 82:5,82:7,82:20, near[1]-60:3
72:20,73:22,74:1, 9:19, 10:4, 12:17,
47:11,47:14,47:15, 83:2,83:6,83:10, necessary[5]-34:5,
74:6,74:12,76:24,12:21, 12:24, 13:2,
47:18,47:25,48:2, 83:14,83:23,84:1,59:11,88:6,88:24,
78:1,81:20,83:4, 13:10, 13:17, 13:21, 48:5,48:6,48:7, 84:4,84:5,84:8, 91:6
90:8 14:3, 14:7, 14:12,
48:10,48:11,48:14, 84:10,84:12,84:17, need[15]-5:3,8:18,
means[1]-76:11 14:15, 14:19, 15:1, 48:15,48:19,48:23, 84:19,84:22,84:23, 32:25,58:18,64:11,
mediate[1]-86:20 15:5, 15:9, 15:16,
49:1,49:2,49:4, 85:1,85:11,87:7, 64:14,65:17,65:25,
49:9,49:11,49:12, 87:10
meet 01-79:8 15:20, 16:1, 16:5, 73:3,74:10,80:9,
meeting[4]-3:10, 16:9, 16:13, 16:19,
49:14,49:19,49:23, MS(sa]-4:8,4:11, 82:17,83:1,83:5,
3:14,8:15,8:20 16:21, 17:1, 17:5,
50:1, 50:3,50:4, 4:14,4:17, 12:19, 89:20
member[1]-5:16 17:11, 17:16, 17:19, 50:6, 50:14,50:18,12:23, 13:1, 13:6, needed[2]-19:25,
MEMBER[1]-5:19 18:8, 18:11, 18:17, 50:21,50:25,51:2, 13:14, 13:20, 13:25, 20:23
MEMBERS[4]-4:5,18:22, 19:3, 19:7,
51:5, 51:13,51:18,14:6, 14:11, 14:14, needs[2]-68:25,79:4
4:22,5:7,5:13 19:11, 19:18,20:1,
51:21,51:24,52:2, 14:18, 14:24, 15:4,
neighborhood[11-
members[1]-10:3 20:4,21:4,21:7, 52:5, 52:12,52:14,15:8, 15:11, 15:18, 31:11
52:15,52:17,52:18, 15:24, 16:3, 16:8,
memo[3]-19:20, 21:14,21:17,21:21, Neptune[1]-40:3
22:2,22:5,22:9, 52:20,52:24,53:2, 16:11, 16:14, 16:20,
never 1 57:342:3,42:6 53:9, 53:14,53:15, 16:24, 17:4, 17:9,
memorandum[3]-
22:12,22:17,22:25, new[7]-43:12,48:16,
23:4,23:10,23:15, 53:22,53:23,54:2,17:13, 17:18, 17:21,
58:16,67:19,67:20,21:4,41:22,41:25 54:5, 54:13,54:18,18:10, 18:13, 18:20,
mentioned(3]-37:11, 23:22,24:3,24:15, 91:4,91:9
24:23,24:25,25:6, 54:25,55:11,55:15, 18:24, 19:6, 19:10,
newt [1]-20:2344:11,75010 55:23,56:3,56:5, 19:16, 19:20,20:3,
y
met[1]-49:5 25:9,25:16,25:19, next[a]-38:5,71:9,
25:23,26:1,26:5,
56:9,56:12,56:16, 20:6,21:6,21:12,
71:18 87:25methods[2]-79:4, 57:1,57:10,57:14, 21:15,21:20,21:25,
81:3
26:7,26:13,26:15, night[1]-9:11
26:20,26:23,27:1,
57:15,57:18,57:20, 22:4,22:6,22:11,
mid[1]-11:8 57:22,57:24,57:25, 22:16,22:20,23:3,
NO[1]-2:5
27:8'27:12,27:14, none(1]-91:6middle[s]-10:15,
27:22,28:1,28:7,
58:3,58:5,58:6, 23:8,23:12,23:17,
nonan Ineer[1]-13:9,31:16,33:23, 58:7,58:9,58:11, 24:2,24:5,24:18, g
36:5,46:20
28:11,28:15,28:18, 70:6
28:21,29:2,29:5,
58:13,58:21,58:23, 24:24,25:3,25:8,
might[3]-36:24, 58:25,59:2,59:8, 25:14,25:18,25:20,
nor'easter[1]-50:23
72:16,72:17
2913,30:14,32:3, nor'easters[1]-88:3
32:4,32:23,33:2,
59:13,59:16,59:18, 25:25,26:4,26:6,
miles[3]-51:10, 59:19,59:21,59:25, 26:11,26:14,26:16, north[4]-51:8,63:24,
56:25,57:5
33:17,33:19,34:3, 75:19,76:7
34:12,34:16,34:21,
60:2,60:13,60:16, 26:22,26:25,27:5,
minutes[2]-33:2, 61:6,61:9,61:10, 27:11,27:13,27:20, northeast[4]-61:18,
35:5,35:7,36:9, 61:22,61:24,67:2460:23
36:12,36:17,36:21,
61:12,63:6,63:9, 27:25,28:4,28:10,
mirror[1]-31:9 63:10,63:15,63:16, 28:14,38:2,57:13, northern[1]-31:19
Diane M. Tropia', Inc., Po$t Office .[fox 2375,Jack6onville, HD 32203
31 of 36 sheets 904) 821-0300 11/26/2019 11:46:36 AM
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31 , 2019 Minutes October 31,2019
8
note[1]-43:23 officer[6]-12:14, Ordinances[2]-3:16, part[12]-31:6,31:16, 75:18
notes[1]-93:11 12:22,41:25,42:5, 6:4 31:17,33:15,34:11, pictures[1]-70:20
nothing[13]-5:11, 52:23,54:3 ordinances[1]-59:15 36:5, 51:20,51:22, piece[1]-71:4
6:20,28:15,30:1, official[7]-19:22,original[6]-42:14, 58:19,68:10,70:19 place[s]-29:17,
30:4,32:23,36:21, 38:12,38:14,39:15, 43:11,43:14,43:15, particular[1)-78:18 35:17,35:22,60:10,
37:5,54:5,76:22, 39:17,39:18,40:3 50:13,68:5 particularly[1]-10:2 65:21
82:8,85:1,86:4 Official[1]-1:13 outcome[2]-15:9,parties[3]-3:25, placed[1]-71:18
Notice[10]-13:2, on-site[1]-20:14 18:11 7:22,86:20 plan[7]-4:15,6:5,
14:16, 15:1, 15:5, once[4]-24:12,36:7, outer[1]-31:22 party[2]-8:2,32:15 44:6,72:1,74:5,
16:7, 17:2, 17:13, 53:9, 72:12 outside[4]-8:19, pass[2]-65:4,78:13 89:20,90:6
17:17, 18:8,91:11 one[29]-7:2, 13:1, 8:20,31:23,77:18 passed[3]-11:10,planning[4]-4:19,
notice[3]-22:6, 20:8,20:15,28:4, outstanding[1]-24:7 39:20,56:5 4:25,5:5,65:19
22:18,45:19 30:25,31:3,31:11, overall[1]-18:7 passes[1]-78:5 plans[22]-38:18,
noticed[3]-22:21, 31:13,31:15,32:5, overhangs[1]-44:8 past[1]-20:18 38:24,38:25,39:2,
45:22,51:4 41:19,42:23,44:8, overlapped[1]-75:23 path[1]-49:15 39:4,39:7,39:9,
notified[1]-24:6 44:9,46:1,46:3,overlooked[1]-91:8 pause[1]-76:21 39:10,39:23,41:8,
notwithstanding[1]- 46:14,47:22,50:13, overview[2]-9:23, people[4]-10:8, 43:9,43:11,43:14,
69:2 53:23,55:4,69:6, 10:2 30:19,91:24,92:3 43:15,43:23,45:18,
November[4]-16:17, 76:20,81:16,82:11, own[8]-37:22,56:17, per[4]-15:15, 18:16, 47:22,48:21,53:19,
16:19, 16:24,93:15 83:24,84:10,91:21 81:7,84:1,84:5, 19:1,56:25 62:13,75:16,90:14
nuisance[3]-18:7, one-half[3]-20:8, 84:8,90:1,90:4 percent[14]-55:25, podium[8]-12:16,
88:5,89:1 20:15,50:13 owned[8]-8:25, 58:13,58:15,58:16, 29:7,29:8,38:8,
Number[1]-68:3 one-hour[2]-46:1,10:10, 13:19,29:17, 58:17,67:9,67:12, 57:17,80:21,80:23,
number 0]-14:9 46:3 46:14,46:17,46:20, 67:14,67:17,68:1, 85:12
numbered[2]-9:19, one-third[3]-31:15, 58:21 68:2,68:11,68:23, Poinsettia[55]-2:7,
9:20 44:8,44:9 owner[8]-10:10, 68:24 8:23, 10:6, 10:21,
numbers[4]-9:22, ones[1]-64:1 14:5, 15:16,46:18, perform[2]-11:4, 10:23, 11:15, 11:18,
73:13,73:15,78:18 ongoing[1]-29:16 57:21,89:10,89:14, 25:1 13:4, 13:5, 13:19,
nutshell[1]-29:25 open[2]-66:3,82:20 91:16 performed[3]-11:5, 14:1, 14:5, 14:8,
opinion[19]-19:23, owners[2]-75:6, 72:10 14:12, 15:3, 15:17,
0 34:5, 53:16,54:20, 88:8 perhaps[1]-87:25 19:24,20:7,20:15,
55:1,55:13,56:3, ownership[5]-10:7, period[11-61:17 20:22,22:8,22:15,
oath[2]-5:1,85:21 56:7,56:14,60:13,13:15, 14:1,24:10, permanently[2]-
24:1,24:16,25:2,
object[4]-32:6, 60:18,61:5,64:19, 69:4 83:4,83:8 25:22,26:19,27:10,
32:13,32:16,34:3 65:5,65:8,65:12, ownerships[1]- permit[2]-53:7,90:3 28:12,29:14,42:9,
objection[2]-32:13, 65:24,69:4,78:15 46:24 permitted[1]-66:25 42:13,43:5,43:10,
34:21 opinions[2]-32:8, owning[1]-29:20 person[5]-46:14,
43:20,43:24,44:12,
obligation[1]-88:25 35:3 owns[1]-30:5 46:16,46:17,46:21, 45:18,47:16,48:13,
observations[1]-opportunity[9]-7:4, 84:14
50:16,51:3,53:17,
53:18 7:6,28:24,32:20, P personal[1)-53:18
56:1,59:17,60:1,
obvious[1]-70:2 33:7,33:13,37:12,
personally ii-54:4
60:14,62:10,64:20,
obviously[3]-10:8,37:19,59:16 packet[16]-13:13,perspective[1]-
65:6,65:14,65:15,
87:18,88:13 option[1]-83:20 13:24, 14:21, 15:22, 46:10
69:3,71:20,71:22
occupancy[1]-17:22 options[1]-66:4 17:7, 19:14,21:23, peruses[1]-79:14
point[19]-20:18,
Occupancy[1]-53:10 oral[1]-82:1 23:7,25:11,26:9, phone[2]-8:16,52:9
24:25,31:7,32:18,
occupants[1]-9:4 order[36]-3:4,5:3,27:24,48:18,49:21, photo[7]-27:23,
35:7,35:20,41:6,
occupied[1]-71:22 8:6,8:11,9:9, 12:5, 51:16,71:16,71:17 28:4,45:8,45:13,
42:17,42:23,50:10,
occupying pi-54:20 12:7, 15:11, 16:3, page[3]-27:23, 52:24 51:19,68:19,70:2
53:11,53:23,66:10,
occurred[2]-24:12, 16:5, 16:10, 16:12, Page[6]-13:13, photograph[2]-
68:8,70:10,74:14,
27:5 16:14, 16:17, 17:1,13:24, 19:13,51:15, 51:17,52:1
84:17,87:21,88:25
18:25, 19:3, 19:8, 66:17,71:16October[1s]-1:7,3:1,photographs[1]-
points[1]-32:4
3:6,26:18,27:13, 23:13,23:23,24:7, pages[1]-28:2 28:9
ponder[1]-83:19
27:25,28:6,28:8, 32:4,54:11,54:15, Pages[9]-14:20, pops[1]-73:25
photos[3]-27:16,
28:13,43:7,48:6, 62:12,77:6,86:20, 17:6,21:23,23:7, 28:7,70:14
portal[2]-64:25,74:9
49:24,52:2,54:9, 87:1,88:6,88:15, 25:10,26:9,27:16, physical[1]-59:20
portion[3]-71:8,
88:19,89:17,89:18, 48:17,49:2087:23 physically[21-62:7,
71:9,87:13
OF[4]-1:1,93:1, 89:20,90:15,90:21 paint[1]-18:2 65:13
poses[1]-87:20
93:3,93:4 ordered[3]-19:8,pardon[3]-27:9, pick[1]-64:7
position[2]-62:19,
offer[1]-86:16 22:14,88:8 41:19,80:12 91:22
ordering1
picture[s]-45:6,
Officer[1]-1:14 22:7 parks[1]-59:23 51:11,70:9,70:25,
possible[4]-30:7,
ianQ 14. Tropia, Inc., Post Office Box 2375,Jack6onvill¢', flb 32203
11/26/2019 11:46:36 AM 904) 821`0300 32 of 36 sheets
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October31,2019
9
62:7,65:13,88:11 property[38]-16:4, raise[5]-4:20,5:6, referring[6]-9:15, 52:11,61:6,61:8,
posted[1]-52:10 17:24, 18:1,22:8, 6:14, 85:22,85:24 9:22,39:9,45:25, 62:9,69:11,69:13,
posts[1]-73:10 22:21,22:23,22:24, rated[1]-20:12 51:23,66:14 69:15,69:16,82:4,
potential[1]-62:1 23:13,23:18,23:20, rattled[1]-74:1 reflect[1]-28:11 91:5
potentially[1]-11:17 24:6,24:7,24:11, reach[1]-66:10 refrigerator[2]- REPORTER[1]-93:1
pour[1]-73:11 29:21,29:25,31:3, reached[2]-61:14,60:10,69:17 Reporter[2]-93:8,
precise[3]-8:21, 46:19,46:23,49:6, 92:9 regard[1]-13:3 93:19
64:18,72:15 49:18,53:5,59:21, read[5]-20:4,29:15, regarding[4]-19:21, reports[1]-53:20
predamaged[3]- 60:12,62:18,82:22, 42:1,61:10,68:6 20:12,25:22,26:18 representative[1]-
67:1,67:9,67:15 84:3,89:8,89:10, readily[1]-70:5 regardless[1]-71:19 4:6
premises[2]-54:12, 89:14,89:22,90:2, reads[1]-66:19 regards[1]-86:13 representatives[1]-
59:20 90:7,90:15,90:19, ready[1]-83:1 Regina[2]-4:14, 23:24
preponderance[1]- 90:21,91:15,91:16 real[5]-34:19,77:7, 85:18 request[2]-8:4,8:7
3:20 Property[1]-53:3 85:16,88:14,88:22 REGINA[1]-1:15 Requested[1]-52:21
PRESENT[1]-1:12 protected[1]-20:22 realize[1]-30:1 registered[1]-58:7 requested[1]-69:14
present[5]-4:4,4:7, protects[1]-18:2
really[5]-58:24, rehabbed[1]-58:19 require[4]-46:1,
7:1,28:9,59:19 protractive[1]-18:1 70:25,81:23,87:15, rehearing[4]-8:4, 46:2,83:16,92:8
presentation[1]- provide[4]-7:17, 89:13 8:8,91:4 required[3]-45:24,
9:16 37:12,62:21,71:24 Realty[1]-1:15 reinforce[2]-62:23, 63:1,67:18
presenting[1]-7:13 provides[1]-69:7 reasons[1]-30:12 66:6 requirement[1]-68:3
preserve[2]-34:13, provisions[2]-19:4, rebuilding[1]-55:6 reinforcement[2]- requirements[1]-
88:12 52:25 rebuilt[2]-65:18, 64:20,65:8 59:11
presiding[1]-3:9 pull[2]-61:25,76:10 65:19 reinforcing[1]-65:15 requires[2]-67:25,
pretty[2]-6:24,86:18 pulling[1]-76:5 Receipt[1]-52:21 related[2]-48:12, 88:21
prevent[2]-81:23,purchase[2]-23:19 receive[8]-26:1, 82:14 requiring[3]-12:6,
81:25 purchasing[1]-86:13 26:2,26:5,26:20, relatively[1]-10:11 12:8, 12:9
previously[2]-41:17, purpose[3]-36:15,26:23,47:11,48:7, relaxed[1]-34:22 reserve[2]-37:9,
47:2 62:9,67:20 58:1 relied[2]-13:18, 14:4 37:13
primarily[1]-87:15 put[11]-7:5,68:8,receiving[1]-52:15 relies[1]-69:8 reserved[1]-80:15
principle[1]-63:11 72:20,72:25,73:9, recent[2]-51:19, remainder[1]-44:9 residence[7]-61:15,
problem[13]-11:22, 74:8,80:6,83:13, 51:20 remaining[2]-62:25, 61:20,61:23,62:9,
29:17,42:14,42:15, 85:5,90:23 recently[2]-36:14,67:15 62:10,62:11,68:1
74:16,75:5,76:15, 36:17 remember[3]-78:8, resident[1]-61:20
82:22,87:17,89:5,Q recognize[3]-22:2,90:23,91:3 residential[3]-39:3,
90:1,90:10,92:2 25:16,26:13 remind[1]-8:14 58:15,58:16
problems[1]-91:18 quadriplex[1)-31:4
recommend[2]- render[2]-32:8,34:5 residents[1]-89:1
procedures[1]-3:12 qualifications[z]- 91:14,91:20 renovated[1]-84:13 resist[2]-45:3,50:11
proceed[3]-12:11,34:9,35:2
recommendation[1]- renovating[2]-81:6, resistance[2]-20:12,
15:6,90:11 qualified[1]-62:8 62:17 84:15 69:8
proceeding[2]-5:4, quantify[2]-76:11, reconstruction[1]- renovations[1]- resisted[1]-44:25
7:23 76:14 65:22 58:17 resisting[5]-62:24,
proceedings[e]-1:6, questioning[1]-77:9
record[16]-4:13, rent[1]-84:16 64:1,67:5,68:12,
3:24,5:16,6:25,questions[23]-21:2, 8:24, 16:22, 19:21, rented[1]-46:15 68:15
14:9,76:21,92:13, 28:20,28:25,29:11, 20:5,29:10,34:17, repair[4]-20:19, resolve[1]-86:9
93:9 32:22,33:15,34:10, 43:17,61:11,66:14, 66:18,71:19,71:20 respect[1]-67:16
process[3]-55:4, 35:1,36:11,37:7, 71:10,71:15,76:24, repairable[1]-19:24 Respond[1]-5:13
56:18,71:22 37:20,37:25,38:4, 76:25,85:17,93:10 repaired[1]-68:4 respondents[2]-7:3,
Professional[2]- 54:8,57:7,57:8,recorded[2]-8:15, 7:9
57:11,77:13,79:17,
repairs[5]-15:13,
93:7,93:19 24:22 19:7, 19:8,23:20, response[1]-4:5
professional[2]-
79:21,80:14,80:17,
records[1]-21:10 86:22 rest[2]-28:5,68:6
82:10
g replacement[1]- 58:8,58:10 rectangle(1]-44:6 restored 1 66:25
progression[1]-
quick[1]-77:7
rectangles[I]-44:4 67:25 rests[1]-80:3
42:12 quickly[3)-21:8,
reduced[3]-23:16, report[33]-11:7, resulting[1]-61:25
projected[1]-45:6 85:16,91:1 67:8,67:14 11:9, 11:13,25:20, Return[1]-52:21
projector[2]-45:14, quite[2]-65:20,74:4
reduces[1]-50:12 25:24,26:3,26:16, review[19]-13:22,
68:20 reducing[1]-23:13 27:2,27:3,30:9, 14:22, 15:23, 17:8,
prompted[2]-42:2, R refer[2]-30:22,54:2 30:23,31:7,47:6, 18:19, 19:15,21:24,
49:12 references[1]-52:25 47:12,47:15,48:4, 22:23,23:6,26:10,
rain[1]-88:2
proof[1]-3:24 referencing[2)-45:6, 48:8,48:11,48:24, 27:18,39:4,39:22,
properties[1]-53:20
rainwater[1] 61:16
45:9 49:7,49:8,52:8, 43:8,45:17,48:18,
Diane M. Tropia, Inc., Post Office ,Box 2375,Jack3onvillo, fI32203
33 of 36 sheets 904) 821-0300 11/26/2019 11:46:36 AM
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October 31,2019
10
49:22,53:19,72:2 see[13]-42:24,60:20, 30:8, 30:10,30:11, 47:8 standards[4]-30:17,
reviewed[3]-39:2, 63:18,70:2,70:17, 30:25,31:1,31:3, SPECIAL[98]-1:3, 31:2,53:12,81:18
48:24,53:21 70:20,70:25,71:5, 31:8, 31:14,31:18, 3:3,4:6,4:10,4:12, standing[4]-31:24,
reviewer[1]-41:9 71:13,72:1,74:23, 31:21,31:25,33:1, 4:15,4:18,4:23,5:8, 54:23,55:10,90:19
reviewing[3]-47:21, 75:9,75:17 33:6, 33:21,33:25, 5:15,5:17,5:20,stands[1]-53:1
48:21,71:12 seeing[1]-45:8 35:9,35:23,36:1, 5:24,6:7,6:10,6:14, start[3]-29:4,71:9,
rights[4]-8:3,8:13, seek[1]-91:3 36:7,44:1,44:24, 6:18,6:23,7:15, 74:25
91:15,91:23 seeping[1]-61:16 46:15,46:20, 50:8, 9:12, 10:1,28:16, started[6]-6:1,
ringer[1]-8:18 self[1]-45:23 51:8,54:21,54:22, 28:19,28:22,29:3, 40:23,41:10,42:20,
Road[1]-1:9 self-supporting[1]- 55:3,60:12,60:20, 29:6,29:9,30:13, 72:12,75:7
rods[1]-74:10 45:23 70:4,82:15,82:21, 32:1,32:12,32:24, starts[1]-75:3
roof[14]-18:5,20:17, Seminole[1]-1:9 86:11,89:7 33:3,33:18,34:6, state[14]-4:12,
29:22,29:23,42:15, send[2]-39:5,54:4 sided[1]-27:19 34:14,34:23,35:6,10:22,23:25,29:10,
42:16,42:17,42:19, sense[1]-33:16 sides[2]-46:18, 36:8,36:10,36:13, 32:25,33:5,50:9,
42:25,46:4,51:7, sent[5]-9:11,22:7,68:19 36:19,36:23,37:6, 58:8,60:18,65:3,
61:16,67:13 39:20,52:23,54:3 siding[1]-18:4 37:15, 38:3,41:20, 66:8, 74:17,85:16,
room[11-73:1 separate[3]-46:24, significance[2]- 54:7, 54:14,54:19, 86:8
rot[2]-42:19,61:18 62:21,69:4 44:17,46:10 55:9,55:12,55:20, STATE[1]-93:3
rotted[3]-18:4, separation[2]-20:13, significant[1]-64:19 55:24,56:4, 56:7, State[1]-39:1
42:16,42:20 81:21 significantly[1]-62:2 56:10,56:13,56:22, statement[1]-68:7
rotten[2]-18:4 series[1]-27:16 signs[1]-70:4 57:6,57:11,77:3, Statute[1]-6:3
rotting[1]-42:20 serious[1]-92:2 similar[1]-67:20 77:8,77:12, 77:18, Statutes[2]-3:15,
Rules[1]-7:25 seriously[2]-31:18, simply[2]-12:4,89:9 77:25,78:4,78:11, 83:16
run[7]-64:12,72:15, 36:6 Simultaneous[1]- 78:21,79:6,79:12,
stay[4]-49:17,72:3,
72:22,73:12,73:14, served[2]-7:22,92:7 47:8 79:14,79:20,79:24, 72:5,72:9
75:19,78:18 service[1]-17:23 single[4]-10:10, 80:2,80:4,80:10,
stays[1]-82:21
running[s]-5:25,several[7]-10:21,40:11,40:18,81:10 80:16,80:20,82:9,
steel[3]-64:25,73:10
82:25,83:3,83:7,64:18,72:24 30:19,33:12,34:17, single-family[3]-STELZMANN[43]-
81:7,81:16,84:8 40:11,40:18,81:10 83:12,83:15,83:25,
5:23,6:6,6:9,6:13,
S severe[2]-10:22,sit[5]-37:18,60:14, 85:2,85:7,85:9,
6:16,6:22,9:17,
75:22,85:10,87:5 85:16,85:19,85:22,
29:2,29:5,29:13,61:22
85:25,86:7,86:17,
safe[2]-60:6,71:21 shall[1]-66:25 site[z]-20:14,42:4 30:14,32:3,32:23,
safety[2]-47:16, share[2]-10:18, sits[1]-78:6
86:24,87:5,87:8,
33:2,33:17,33:19,
87:1154:20 31:17 sitting[5]-73:8, 34:16,35:7,36:9,
sale 1 23:2 73:14,75:25,78:13,
special[3]-3:8,
36:12,36:17,36:21,shared[13]-13:7,
Salt[2]-31:10,81:9 87:23
35:10,35:13
36:25,57:10,79:19,31:15,33:22,35:23,
Special[3]-1:8, 3:4,
saved[1]-62:20 62:1,62:4,62:23, situation[7]-10:9, 80:8,80:19,80:22,
5:21
saving[1]-62:14 72:21,74:22,75:1,11:23,60:7,82:13, 81:1,81:5,82:5,
saw[2]-42:6,42:7 75:22,75:25,76:4 89:13,91:15,91:19
specialized[2]- 82:20,83:2,83:6,
six[1]-75:6
35:14,35:18 83:10,83:14,84:4,scaffolding[1]-73:5 shear[5]-50:10,
specific[2]-32:23,
scattered[2]-30:22, 63:4,68:17,68:18, size[1]-29:23 84:8,84:12,84:19,
81:21 74:9 slab[1]-20:20
36:15 84:23,85:11,87:10
school[1]-58:5 shore[5]-12:1, 12:2, slid[2]-44:5,44:7 specifically[3]- Stelzmann[47]-2:6,
science[1]-58:3 12:11, 12:12,90:4 slow[1]-56:18
51:15,59:13,67:24 4:2,4:4, 5:18,5:20,
scientific[1]-32:7 shored[3]-72:16,small[1]-73:11
specifics[1]-37:1 8:25,9:13,9:21,
scope[3]-62:16, 72:17,79:7 snowball[1]-75:3
spent[1]-40:4 12:3, 12:6, 12:9,
86:19,86:25 shoring[10]-62:12, snowballs[1]-75:5
split[1]-46:23 13:16, 13:18,28:23,
Scott[5]-15:18, 65:20,71:23,72:1, soffit[1]-18:5
spot[1]-83:13 29:8,29:14,32:1,
15:19, 17:18,22:7, 72:8,72:9,72:11, solution[2]-87:1,spring[1]-10:25 32:15,37:7,44:3,
22:20 73:10,74:5,74:7 92:8
St[4]-38:19,38:21,48:21,49:3,49:5,
sealing[1]-55:6 short[5]-44:25,45:3, solve[1]-86:14
38:24,41:10 49:25,52:4,52:5,
season[1]-49:14 45:5,63:25,91:9 someone[2]-23:19,
stabilize[3]-44:22,52:13,52:19, 54:10,
second[17]-31:23, shot[1]-63:19 86:20
62:12,63:13 57:8,59:23,62:17,
stage[1]-6:25 73:2,73:21,73:24,32:2,32:18,42:21, show[5]-13:10,25:9, somewhere[1]
stairs[s]-17:23, 79:17,80:4,80:14,
43:2,48:3,52:7, 26:7,41:16,51:25 84:18
52:24,60:3,60:11, showing[2]-32:7,soon[1]-62:7
18:6,60:4 80:18,80:23,82:9,
64:5,66:12,69:11, 51:19 sorry[2]-24:19,84:4
stand[3]-47:23, 85:10,85:15,87:9,
69:12,69:18,69:23 shows[1]-51:11 sources[1]-35:2
48:13,64:20 87:15,88:15,89:24
section[2]-51:10,sic[2]-11:10,66:21 south[1]-75:19
standard[3]-44:6, Stelzmann's[4]-
81:8 side[42]-10:17,30:7, speaking[2]-11:2,
53:5,84:15 62:2,62:15,62:19,
iane M. Tropic', Inc., Po8t Office Box 2375,Jack ,onvillo, fID 32203
11/26/2019 11:46:36 AM 904) 821"0300 34 of 36 sheets
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October31,2019
11
76:13 studs(5]-30:22, testified[2]-55:20,91:19 87:20
stenographic[1]- 30:23,72:22,81:22 77:14 towards[1]-37:10 under[3]-56:24,
93:11 study[1]-11:5 testimony[12]-4:16, towers[1]-59:6 62:20,79:7
step[1]-8:19 stuff[1]-60:5 4:20,4:25,5:6,6:5, townhomes[3]- underneath[1]-71:5
steps[2]-24:13, subject[2]-14:8, 6:6,32:9,35:4, 31:10,81:11,81:19 understood[3]-35:5,
88:18 65:9 54:17,63:7, 75:11, townhouse[5]-20:8, 56:4,77:19
still[13]-12:3,55:18, submitted[1]-89:21 77:20 20:15,46:11,46:19, undertaken[2]-19:9,
60:9,60:10,69:17, subsequent[6]-11:9, text[1]-20:4 81:8 22:15
73:6,73:8,74:6, 16:6, 16:9,23:22, that'll[1]-33:14 townhouse-type[2]- unfit[2]-9:6, 17:22
74:8,74:12,79:3, 27:3,28:2 therefore[1]-68:2 20:8,46:11 unfortunate[1]-
84:13 subsequently[2]-they've[3]-24:12,townhouses[1]-46:2 89:13
stop[1]-32:2 11:6, 52:12 34:19, 35:11 trade[2]-40:5,41:14 unfortunately[8]-
stories[1]-10:14 substantial[5]- thinking[1]-73:20 training[2]-64:16, 10:20,30:1,83:16,
storm[1]-51:12 66:22,66:24,67:2, third[16]-31:15, 81:2 83:20,86:18,86:22,
story[5]-10:12, 13:7, 67:3,67:22 31:17,31:22,33:23, transcribe[1]-93:8 87:21,89:24
20:10,36:3,67:4 suffered[1]-67:5 35:21,35:24,36:1, transcript[1]-93:10 Unit[1]-67:24
streamed[1]-8:16 suggest[1]-34:25 36:6,42:19,43:2, treatment[1]-18:2 unit[14]-20:15,31:4,
street[1]-84:9 sum[1]-53:15 44:8,44:9,60:21 trial[1]-7:10 31:20,40:19,44:8,
Street[31]-2:7,8:23, summarize[1]-24:3 threaded[1]-74:10 triplex[2]-31:4, 44:13,44:14,44:15,
10:6, 13:4, 13:19, summer[1]-10:25 three[s]-10:12, 35:13 45:11,62:2,62:15,
14:5, 14:8, 15:3,superimpose[1]- 10:14, 13:7,20:10, Tropia[2]-93:7, 62:20,63:11,76:13
15:17,20:7,22:15, 33:21 36:3,55:5,64:3, 93:19 units[18]- 10:13,
24:1,24:17,25:2, Supplies[1]-59:3 72:23,82:23 true[3]-45:23,84:1, 40:15,40:16,44:5,
27:10,28:12,29:14, support[1]-67:12 three-story[4]- 93:10 44:7,45:10,45:15,
42:9,43:10,43:20, supported[2]-20:23, 10:12, 13:7,20:10, truly[1]-60:22 45:20,45:22,46:3,
43:24,44:12,45:19, 65:17 36:3 trusted[1]-50:11 46:5,62:3,62:23,
47:17,48:13,50:16, supporting[1]-45:23 threw[2]-11:23, truth[10]-5:1, 5:11,63:8,63:13,63:14,
51:3,53:17,59:17, supports[1]-59:11 74:16 5:12,6:20,6:21, 63:20,79:1
60:15,69:3 surfaces[1]-18:3 throughout[1]-9:15 86:4,86:5 University[1]-58:6
strengthen[1]-62:24
surrounding[1]-89:1 thumb[2]-21:8, try[5]-24:13, 52:6, unknown[1]-87:21
stretch[1]-71:3 sustained[1]-67:22 70:16 73:5,73:7,73:10 unless[2]-53:7,
strictly[1]-7:24 swear[5]-4:24, 5:9, Thursday[1]-1:6 trying[10]-23:17, 83:21
strong[1]-78:25 6:11,6:18,86:2 tie[1]-74:11 35:8,35:20,36:15, unsafe[4]-17:23,
structural[14]-57:24, switch[1]-53:12 tied[3]-10:19,24:9, 73:14,74:2,76:8, 60:15,61:3,61:5
58:1,58:12,59:7, swore[2]-6:10,85:23 75:13 76:11,83:13,86:16 unstable[1]-55:18
59:8,62:21,64:17, sworn[1]-5:2 tighter[1]-33:9 tunnel[1]-42:23 up[37]-6:24,7:21,
66:23,66:24,67:2,
system[3]-43:17,Title[5]-14:1,21:18, turn[1]-61:8 11:13, 12:1, 12:2,
67:3,67:23,77:15, 65:1,67:5 24:18,24:21,89:15 turned[1]-31:13 12:11, 12:12, 14:16,
80:25
systems[3]-61:19, title[3]-11:1,24:6, twenty[1]-44:16 17:15,21:7,29:6,
structurally[1]-20:13 62:3,62:24 24:16 twenty-eight[1]- 29:9,37:19,37:21,
structure[42]-9:4, today[18]-3:6,4:16, 44:16 39:4,40:15,40:25,
9:5, 10:11, 10:12, T 4:20,5:25,6:5,7:14, two[19]-10:8, 12:8,42:24,51:25,53:16,
10:14, 11:1, 11:24, 7:17, 10:5, 11:20, 20:15,31:7,32:4, 64:7,66:9,68:13,
13:5, 13:7, 17:22, tall[8]-10:11, 10:13, 33:22,50:2,55:13, 32:8,34:7,44:3, 69:1,72:16,72:17,
17:24, 18:6,20:9, 44:15,44:21,63:12, 56:11,60:14,76:19, 44:5,44:7,45:10, 72:20,72:22,73:4,
20:10,20:16,27:6, 63:17,63:19,64:24 78:6, 78:13,78:17 45:21,46:2,46:24, 73:10,74:24,77:4,
47:20,50:7,50:13, tear[4]-33:25,74:21, today's[3]-30:17, 60:4,63:8,63:12, 80:20,83:23,83:24,
55:25,56:14,62:5, 75:2,88:12 31:2,79:8 64:7,83:18 85:9
62:13,62:25,63:5, tearing[1]-74:25 together[1]-75:24 two-hour[1]-46:2 updated[2]-9:10,
63:17,64:2,66:6, technically[1]-76:25 took[4]-11:1,24:6, two-unit[1]-20:15 9:11
67:7,67:20,67:22,
Technology[1]-59:3 24:10,24:16 type[6]-20:8,35:14, uplift[1]-74:12
68:13,78:5,78:12, teenager[1]-40:23 tools[1]-40:5 41:8,46:11,46:12,
83:9,87:18,88:4,
temporarily[3]- top[3]-51:6,51:7, 46:13 V
88:7,88:8,88:16,
82:17,84:18,84:24 64:4 typical[2]-10:8,
90:3temporary[2]-62:12, tore[2]-31:19,31:24 50:23
vacant[a]-17:24,
structure's[1]-67:1382:18 torn[3]-68:8,71:21, 84:2,84:6,84:11
structures[11]-8:22,
ten[2]-8:6,91:3 75:7 U
vacate[8]-12:6,
8:24,9:3, 12:9,31:8,
tenders[1]-9:21 total[2]-44:2,67:12 54:11,54:15,62:17,
44:20,61:17,68:15,
Tenders[1]-79:13 touches[1]-89:23 uncles[1]-40:24 82.16,90:15,90:21,
81:4,88:24,89:2terms[2]-45:20,76:4 tough[2]-72:19, uncontradicted[1]-
92'9
Eianc M. Tropia, Inc., po6t Office "Box 2375,Jack*onvillg', FID 32203
35 of 36 sheets 904) 821-0300 11/26/2019 11:46:36 AM
ATTACHMENT B
City of Atlantic Beach City of Atlantic Beach v.Andrew Stelzmann
Code Enforcement-Special Magistrate Hearing October 31, 2019 Minutes October 31,2019
12
vacating[1]-82:22 19:11, 19:18,20:1, Wallace[1]-7:12 87:24,92:1
various[1]-22:13 20:4,21:4,21:7,walls[20]- 18:3, window[3]-33:9,
vast[1]-81:18 21:14,21:17,21:21, 20:13,20:16,44:25, 51:11,70:23
verbal[1]-36:22 22:2,22:5,22:9, 45:7,45:10,45:24, windows[1]-64:9
versus[2]-32:9, 22:12,22:17,22:25, 46:6,50:10,51:7, winds[5]-51:1,51:9,
78:19 23:4,23:10,23:15, 63:4,63:25,64:7, 56:24, 57:1,57:2
vertical[1]-67:10 23:22,24:3,24:15, 64:8,68:17,68:18, withstanding[1]-
via[1]-52:19 24:23,24:25,25:6, 68:22,70:3,74:9 46:22
viable[1]-23:18 25:9,25:16,25:19, wants[1]-34:24 witness[5]-5:2,9:25,
videotaped[2]-1:6,25:23,26:1,26:5, warnings[1]-30:3 32:10,38:5,71:16
93:9 26:7,26:13,26:15, warranty[2]-13:14, witnesses[9]-4:24,
26:20,26:23,27:1, 21:12 5:5,6:11,7:7,33:12,view[1]-59:20
violated[1]-89:6 27:8,27:12,27:14, water[2]-42:18, 37:18,37:23,77:2,
Violation[s]-13:3, 27:22,28:1,28:7,60:20 80:1
14:16, 15:2, 15:5, 28:11,28:15,28:18, Wayne[5]-15:18,wood[6]-18:3, 18:4,
16:7, 17:3, 17:14, 28:21,32:4, 34:3, 17:18,22:7,22:20 20:10,20:16,61:18,
17:17, 18:8 34:12,34:21,35:5, ways[1]-34:7 65:3
violation[1]-22:6
37:8,38:6,38:9,weather[1]-11:11 wood-framed[1]-
violations[6]-17:19,
38:13,38:16,38:20,
weatherproof[1]- 20:16
18:1, 18:15, 19:4,
38:23,39:8,39:14, 20:24 words[2]-9:5,83:8
39:5,50:4
39:22,39:25,40:6,
weatherproofing[1]- works[1]-7:10
visited[3]-42:9,51:3,
40:10,40:13,40:17, 55:7 world[1]-58:16
74:24
40:20,41:1,41:5,
weeds[1]-17:25 wow[1]-61:2
41:12,41:16,41:21,
week[1]-82:23 wrestle[1]-88:22
W
42:2,42:8,42:11,
weight[2]-35:4, wrestling[1]-82:12
43:4,43:8,43:13,
56:17 write[1]-39:4
walk[1]-61:1 43:18,43:22,44:11,
welcome[1]-79:24 writing[2]-8:5,37:4
Walker[2]-1:13,7:13 44:15,44:17,45:4,
Wells[39]-2:6,4:2, written[12]-7:18,
walking[1]-17:23
45:13,45:17,46:5,
4:7,4:10,7:3,8:25, 7:19,7:21,8:6,8:11,
46:9,46:22,47:1,
wall[49]-10:19, 10:25, 11:3, 11:4, 36:20,36:21,48:23,
10:20, 13:8,20:24,
47:7,47:11,47:15,
14:2, 14:4,22:22, 82:3,90:24,92:6
31:15,33:22,33:23,
47:25,48:5,48:7,
23:25,24:5,24:8, wrote[2]-42:6,48:20
34:2,36:3,36:4,
48:11,48:15,48:23,
24:16,25:1,28:23,
45:2,45:3,45:5,
49:2,49:9,49:12,
30:5,37:25,38:3, Y
45:7,45:11,45:12,
49:19,50:1,50:4,
49:25,53:25, 54:10,
46:8,51:8,51:11,
50:14,50:21,51:2,
57:12,79:20,80:10, yard[1]-73:11
51:13,51:21,52:2,
51:20,51:22,59:11,85:4,85:8,85:14, year[13]-10:24,
60:9,61:17,61:18,
52:12,52:15,52:18,
86:9,86:13,86:21,10:25, 13:1, 14:17,
62:1,62:4,62:23,
52:24,53:9,53:15,
88:17,88:19,89:14, 16:19,30:6,41:6,
53:23,54:5,57:14,
63:24,69:16,70:24,89:17,89:22,90:6 50:24,51:5,60:24,
71:2,71:8,72:21,
57:18,57:22,57:25,
west[3]-60:12, 77:23,77:25,87:25
73:5,73:9,73:10,
58:5,58:7,58:11,
60:17,68:10 years[9]-10:21,
58:21,58:25,59:8,
73:25,74:22,75:1,whatnot[1]-65:21 34:18,38:15,38:22,
75:14,75:22,76:1,
59:16,59:19,59:25,
whereas[1]-31:3 40:3,40:4,41:13,
76:4,76:7,76:9,
60:13,61:6,61:10,
whole[11]-5:11, 58:14,77:22
76:10
63:6,63:10,63:16,
6:20,40:22,62:11, yourself[7]-12:18,
WALLACE[223]-
64:16,65:5,65:12,
64:10,64:13,71:3, 27:9,38:10,41:23,
1:13,7:12,9:8,9:13,
65:24,66:13,68:14,
73:4,76:12,83:8, 57:19,72:4,90:1
9:19, 10:4, 12:17,
68:18,69:2,69:7,
86:4
69:10,69:22,70:1,
Z12:21, 12:24, 13:2,wide[4]-44:2,44:13,
70:11,70:16,71:10,
13:10, 13:17, 13:21,44:14
71:15,72:4,72:7,
14:3, 14:7, 14:12, width[1]-45:12 zipper[1]-30:22
14:15, 14:19, 15:1,
72:14,73:16,74:14,
zippered
75:10,76:2,76:16, wind[zs]-44:23, PP [1 -81:22
15:5, 15:9, 15:16, 44:24,45:2,47:24, zone[1]-47:24
15:20, 16:1, 16:5,
76:20,76:22,77:6,
77:10,79:11,79:13, 50:11,50:12, 50:20,
16:9, 16:13, 16:19, 50:22,56:19, 59:10,
16:21, 17:1, 17:5,
79:25,80:3,80:12,
80:24,81:2,82:1, 59:13,62:25,63:22,
17:11, 17:16, 17:19,63:23,64:3,64:6,
18:8, 18:11, 18:17,
82:7,83:23,84:1,
84:5,84:10,84:17, 65:9,77:15,77:19,
18:22, 19:3, 19:7, 78:5,78:14,79:9,84:22,85:1,87:7
Diane M. Tropia', Inc., Post Office Box 2375,Jacksonville, fiD 32203
11/26/2019 11:46:36 AM 904) 821-0300 36 of 36 sheets
1\ -°