02-26-09 Appeals Board Minutes Colony Plaza0
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MI TM STANDARDS CODE APPEALS BOARD
CITY OF OCOEE, FLORIDA
IN RE: COLONY PLAZA
HEARING BEFORE APPEALS BOARD
DATE TAKEN: THURSDAY, FEBRUARY 26, 2009
TIME: V ■ 0 8 A.M. 2:39 P.M.
PLACE: . OEE CITY HALL
150 NORTH LAKESHORE DRIVE
O OEE, FLORID
REPORTED B CANDI E G. JOHNSON, RPR AND
NOTARY ti 1 UB,.A....J I
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P P EAf� A I E
BOARD MEMBERS
DAVID WHEELER, CITY ENGINEER
STEVE KRUGF PUBLIC WORKS DIRECTOR
RICHARD FIR T ER, FIRE CHIEF
PAUL E. ROSE THAL, ESQUIRE
JOHN R. HAMI LTON r ESQUIRE
Foley & Lardner, LLP
III North orange Avenue, Suite 1800
Orlando, Florida 32801
COUNSEL FOR THE CTTY of O OEE
ANTHONY10
A. GARGANESE, ESQUIRE
Brown, Garganese, Weiss & D'A re ta, P
111 North orange Avenue, Suite 2000
Orlando, Florida 32801
COUNSEL FOR THE BUILDING oFFI I L
ALSO PRESENT.
JIM WASHTNGTON, BUILDING OFFICIAL
ETH E I E BERR. , CITY CLERK
BRESNO LEON, INTERPRETER
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P R 0 C E E D I N G
. WHEELER,: Would everybody please take
a seat. We are here for the Minimum
Standards Code appeal Board
Madam Clerk, will you please call the
roll.
THE
CLERK: City Attorney, Rosenthal.
MR.
O ENTHAL t I'm present.
THE
CLERK: Steve Krug
*
U Present.
THE
CLERK. David Wheeler.
.
WHEELER: Present.
THE
CLERK. Richard Firstner. .
MR.
FIRTE. Present.
THE
CLERK: John Hamilton,
MR.
HAMILTON: Present.
NSR.
'REEFER: We'll begin with -- that's
good enough.
THE
CLERK: Okay. Thank you.
M.
WHEELER: We will begin with the
introductory proce ura1 co= ents on behalf of
the City
by City Attorney Rosenthal, followed
by Attorney John Hamilton.
MR.
O E 1 HAL . Yes, this is Paul
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Rosenthal., City Attorney for the City of
Ocoee. This is a meeting of the Minimum
Standards Code Appeals Board. And what I
wanted to do was sort of briefly, primarily
for the benefit of the members of the Appeals
Board, is sort of go through exactly what the
Board is and what your responsibilities are,
since this is the f -.rst time the Board has --
has met.
The Minimum Standards Appeals Board is
established pursuant to Chapter 108 of the
City Code , which designates that it cons -i s t s
of the City Engineer, the City Fire Chief,
and the City Director of Public Works. This
Code specifically d signates the City
Engineer as the Chairman of the Appeals
Board. And the Appeals Board meets from
time -to -time, basically at the call of the
Chairman or at the call of the Building and
Zoning Official
One of the, Mr. Chairman, one of the
first things I'd ask you to do, the Code
requires that you designate a Recording
Secretary of the Appeals Board who is
responsible for maintaining the permanent
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records of the Appeals Board{ and we would
recommend that you designate the city clerk,.
Beth Eikenberry, as the Recording Secretary
of the Appeals Board.
MR. EEL So d s i Gnat d.
MR. OSENTH L t Okay. With that said,
the purposes of the Appeals Board under
Chapter -- section 1-13 of the code is to
basicaily hear certain appeals as designated
by the C-Ity Code. In this particular case,
Chapter 108-42 of the code which deals with
emergency actions taken by Building Official
specifically provides that any decision to ars
appeal of that decision of the Building and
Zoning Official is to come before the Appeals
Board. And a notice, which I believe is i
your packet, dated February 5, 2009, a Notice
of Demolition regarding the colony Plaza,
Ocoee, Orange county, Florida property, was
sent to various property owners, included a
Statement of Rights, and advised that appeals
would be filed before the Appeals Board.
In teams of your procedures again, you're
governed by section 108-13+ Because you've
never met before, obviously you don't have
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any detailed established Rules of Procedure.
The main thing T would point out to you, and
as I've indicated in the e --email to you, is
that this Board is subject to the Florida
Sunshine Law. I t is a Board established
under the Code of the City of Ocoee. It's a
quasi-judicial proceeding. As such, any of
the matters that cone before the Board should
not be discussed among -- among the members
of the appeals Board, except at a public
meeting, and that would include any
deliberations of the Board. So that ' s sort
of the main reminder, inder, and Z just wanted to
make sure that you were aware of that.
What the Code provides is that Section
108-13C provides that failure of any person
to appear at the hearing shall constitute a
waiver of his rights to an additional hearing
of the appeal. The hearing shall offer the
appellant, h i h is the people who have filed
appeals before you, reasonable opportunity to
be heard on those matters or issues raised by
the appellant in their written appeal. The
appellant may appear at the hearing in person
or through attorneys or other des-ignated
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representatives, and as we go through each
appeal you'll kind find out exactly who is
here in terms of any particuiar appeal.
Then it provides the Appeals Board shall
have the authority to uphold, amend or
dismiss the order or Notice of Violation --
,.n this case it would be the order of the
Building of ficial - by a majority vote of
the Appeals ]Board. You're also entitled to
grant any continuances for good cause. And
the final decision of the Appeals Board is to
be in writing and. it must contai
n all the
requirements that have been complied with,
and a copy of that would be mailed to every
-- every appellant. So -- and then I guess
finally just to point out, any decisions that
you make can then be appealed to the code
Enforcement Board, should an appellant not
agree with any decision that you might make
So that's kind of the -- the general
overview really, not related to the
substantive nutters that are before you in
tens of the Colony Plaza, but more in terns
of any procedural questions., so I ' d ask if
all have any questions in terms of, you
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know., what the code requires or what those
procedural issues are, I'd be happy to answer
and address them at this ti -me.
With that, then my recommendation would
be that you call on Assistant City Attorney
John Hamilton, who has been advising the City
with respect to the proposed demolition of
the Colony Plaza.
MR. HAMILTO + Good morning Mr. Chairman,
Members of the Board. John Rami i t en ,
s,ista.t City Attorney.
Without duplicating much of what
Mr. Rosenthal said, I want to talk a l i tt i e
bit about the procedure here and what is
before the Board today. 'T h e purpose, as Mr
Rosenthal indicated, of today's hearing i
for the Board to hear and consider the
appe a i s that have been t-imely filed with
respect and directed to Administrative Order
2009-01 entered by the i.t ' s Building and
Zoning Official, Jim Washington.
A copy --- there's binders in front of
each of you, and I'll be referring to those
binders or that binder during the coarse of
this hearing today. A copy of the order
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that's the subject of these appeals is in tab
17 of the binder. Tab 18 of the binder has
the entirety of Chapter 108 of the Ocoee City
Code, the Minimum standards Code, provisions
of which Mr. Rosenthal referred to, or at
least some of them.
The order that was entered by
Mr. Washington here was entered pursuant to
Chapter 108-42, which is on Page 10842 of the
iters that's in tab 18 of the binder. That --
that
-that section authorizes emergency action by
the Building and Zoning Official under
certain circumstances.
I would ref er you also to the -immediately
preceding section. 108-42 is the -very last
section of Chapter 108. The i=ediately
preceding section is 108-41, which sets forth
the standards established by the Code in
determining whether demolition of property is
warranted. So that is relevant to the
inquiry today as well.
The Building Official in Administrative
Order 2009-01 determined that the conditions
at the Colony Plaza property present extreme
life safety hazards that require emergency
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action on the part of the City. The
emergency action in question here was the
demolition of the Colony Plaza property.
If you look at 10-4, you'll also see
that the Cocke requires that notice of that
action e given to all owners of the property
and any lienholders and judgment holder and
mortgage holders to the extent that those
people can be ascertained by reference to the
public records.
Those notices were given. They were sent
out on February Sth, 2009. Approximately
f700 notices or slightly more than that were
sent out,
Now, f f or purposes of our record, 1 have
sitting up there and submitted for the record
copies of the notices, the appro imateiy
2,700 notices that were -..- that were sent.
They take up six binders*
If you look at tab 20, that is a sample
notice. That is the type of notice that was
sent to all of the unit owners, all the
mortgage holders, all the lienholders, and
all holders of tax certificates. Anyone, i
other words, who could be ascertained to have
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ars interest in the Colony Plaza property.
At tab 21 is an affidavit. That is from
an individual attesting to the actin.l servi ce
of these notices so that there' o quest -.o
about the f a o t that they were, in fact, sent
on February 5th to those entitled to receive
notice under the Code.
You go back to 108-42, it gives, as
Mr. Rosenthal indicated, a right of appeal of
the Administrative Order 2009-01. Any such
appeal must be filed wi thin five days of the
notice, and that's the purpose of the hearing
today.
The proceedings before this Board., as
Mr. Rosenthal indicated, are governed b
Section 108-13, also within tab 18 of the
binder. out of the --
MS.
-M . RBELo ' Excuse e , sir. Morning.
Excuse me, sir. Listen up. T :m Miss Rabelo.
T have two units in Colony Plaza. We core
from Puerto Rico today just to -- 1 know from
this reading we have to say that. But if you
have any translator people in here, because
somebody a, okay, telling u about that.
Because everything is, you know, running away
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thing for that. But we want you to know if
we can get the opportunity to get in Spanish
this information, v rth-ing that you are
telling us. Because nobody -- because
somebody can, you know, interpret, but not at
all. Can you rake a space for us in there.,
Okay?
. ROSEN THAL . Mr. Chairman, these
proceedings aro conducted. -in English, and
there is no requirement that there be
translations or that they be conducted in a
--- in a. dual language. Mr. Hamilton can
address what, as a courtesy, in recognizing
that a number of the unit owners were
residents in Puerto Rico, the actual notice
of the hearing was translated into Spanish
and provided to each property owner. And the
City has arranged for a Spanish. -- for a
translator to be here, as you get into each
of the individual appeals, if there is an
issue there in terms of the conduct of the
English. language. But there is no
requirement -- and, actually, it would be, I
think, I' MPOSSi le if we were to take, you
know, every -- every sentence and translate
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it as we go. So to the extent that someone
may not be conversed in the English language,
that's really their responsibility, not
not the Board's or the City's to -- to
arrange. But, again, as a courtesy for the
idiv.idual appeals, the City has arranged for
a Spanish translator to be here.
R. HAMILTON: That's correct, Mr.
Chairman. The translator i s the gentleman
sitting right here, and he will be available
to assist any of the ind-1vidua l appellants
when they make presentations to the Board, or
the Board -- if the Board's having difficulty
understanding anything that's being said, the
Board certainly can call upon the
translator's services as well.
MR. WHEELER : A number of people
responded have asked for a interpreter .dor
the presentation.
MR. HAMILTON: Well, none of the
individual appeals had an expressed request
for an interpreter during today's hearing.
M* WHEELER: It is on the speaker forms.
.
MR. HAMILTON: I diel make arrangements to
have one, recognizing that there would be a
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language barrier for some of the people here,
and he is here.
Coming to the appeals themselves, out of
the over 2,700 notices that were sent out, a
total of 15 appeals were filed. 'those
appeals are 'Included separately in takes 1
through 15 of the binder in front of you.
The deadline -- and, as I've mentioned, the
Code provides for a. five-day period for
fiiing the appeal. The deadline in this
particular case was Tuesday, February 17,
2009. That deadline is calculated by adding
five e days to the date of the notice, which
was February 5th, then adding five more days
to that, because these notices were served by
mail, and we are engrafting upon by the Code
section the requirements of Rule 1.090 of
Florida Rules of Civil Procedure. That would
take the next five days to February 15th{
that was a Sunday. The following day was a
legal holiday, President's Day. So the
following day of that would be the deadline
for filing the appeais, February 17th.
Out of the 15 appeals that were filed, 14
of them were filed on or before February
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17th. The 15th, which is tab 1 in the
binder, was an appeal filed b an individual
by the name of Emmanuel Capina. His appeal
was not filed until. February 23rd, 2009, six
days after the deadline expired.
If you go back again to 108-13, why. h
governs the proceedings before this Board,
Subsection (b)(2) require s the Bui id -in
Official, upon receipt of an appeal, to
request the Chairman of this Board to meet
and consider the appeal. That was done. The
Building Official's formal request for this
Board to meet was at tab 22 of the binder.
The Code then -- Section 108-13 ( b ) () then
requires the Chairman of this Appeals Board
to schedule a date, time and location for the
hearing. That too was done.
Mr. Chairman your notices - your notice
is at tab 23 of the binder. The notice
that's attached also --- excuse me -- the
Ordinance also requires that notice of
today's hearing be given to those who have
appealed. That was provided. A copy of that
notice is at tab 24 of your binder. As
Mr. Rosenthal indicated{ the Section 108.13
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Subsection c gives each appellant the right
to a reasonable opportunity to be heard on,
quote, those matters or issues raised by the
Appellant in his ritten appeal, closed
quote.
And there's a couple things I want to
emphasize about the language of the
Ordinance. First, it does provide that any
Appellant who has failed to appear for
today's hearing has waived his or her right
to any further o r additional hearing of the
appeal.
Second, I would emphasize that the
Appellants here are confined by the language
of the Code to the, quote, matters and
issues, closed quote, that they raised in
their r i t t n appeals. It would be
inappropriate and in violation of the Code
for them to attempt to bring up new or
additional materials today, things that were
not contained in their written appeals.
And the third thing I'd emphasize about
the ianguage of the Stibsection -- of the
Ordinance is that it requires that each
Appellant be given a reasonable opportunit
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to be heard. It does not require that
everyone be given an unlimited opportunity to
be heard. Mr. Chairman, you do have a
discretion to limit presentations .if, for
example, it becomes duplicative or
repetitive. The interpreter is available for
use by any of the appellants who wishes to
use his services.
At the conclusion of today's hearing, the
Board can deliberate. It need not deliberate
today under the language o f the Code. But,
as Mr; Rosenthal indicated, if it reconvened
for purposes of deliberation at a later date,
e would need to send out notices of that and
make that a public hearing.
The authority of the Board is to affirm
or dismiss or modify or amend the order
that's the subject of the appeal. As to the
precise appeals, the issue before you will be
whether the order violates the law in some
way or whether it is factually insupportable.
Legally, it would be the responsibility of
the Appellants to demonstrate to you as the
Appeals Board that the order in question is
tainted by some illegality, such that it is
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invalid. Factually, they would need to
demonstrate to you that the order is not
supported by adequate facts.
On this later point, 1 would emphasize
that these are appeals. This is not a
do -over. This i s not a trial. You ars: not
being asked -- or you cannot properly be
asked in any way to interfere with the
Build -Ing Official's discharge of his duties
and re pon lbliities under the Code to
substitute your opinion and your judgement
for that of the Bu -11d ..ng Official. So the
question bef r you in each o f these appeals
will not be whether you -- if you were the
Building Official, whether you would have
done the same thing or whether you would have
issued the sane order. The question instead
..11 be whether any of the Appellants
demonstrate to you that an inadequate factual
basis exists for this order such that it
cannot be supported}
And after --- l would suggest to you,
Mr. Chairman, that you, in accordance with I
think the outline and agenda that's been made
available, that you ask each Appellant to
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core up one at a time, addre s the Board
separately as to his or her appeal, and then
after all of them have concluded, I will
return and address a l l of them at once,
rather than having me care up here 15 times
and address each one of them separately,
The last thing T want to do before T s i t
down initially is to identify the record
that's before you,. I've already referred to
these six binders of the notices that were
sent out to all the people with an interest
in this property. You also have in front of
you the binder that l wili refer to and have
already referred to during the course of this
hearing. But the -- the other things that
that will be a part of the record that you
are entitled to consider will be the matters
that were presented to the Building Official
back on December 22nd, 2008, at a
presentation. Those consist - and I believe
those originals are here, but l also have
copies as well -- those consist of several
binders.
Binder one is one labeled as
presentation. . Tt consists of reports and
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photographs of the condition of the Colony
Plaza property. Binder B is a bander labeled
as photographs. It also consists of
additional photographs concerning the
condition of the Colony Plaza groperty.
There are two binders labeled C1 and C2 with
the heading information on them. What those
binders contain are the 'Information
concerning the ownership of the individual
units in the other property out at Colony
Plaza, identifying those who are interested
in this - this particular property. Binder
is labeled key pleadings. what that
contains are copies of documents from two
different sources; one, the Code Enforcement
Board proceedings that hae been filed and
have concluded over the years with respect to
the Colony Plaza property. That includes
within it copies of fi-ve liens that the City
has against this property which date back
quite awh-lle at this Int and now total over
$10 million in terms of amount of the liens.
The other thing that's in Binder D are
copies of documents that were filed in a --
an action filed in the Circuit Court for the
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Ninth Judicial Circuit in and for orange
County, Florida, a receivership proceeding
concerning the colony Plaza property. And
there are various items that were filed in
that proceeding that may be relevant to your
deliberations and were certainly relevant to
the determination by the Building Official to
issue this particular order.
Mr. Washington himself is also here in
case members of the Board have questions of
him. His order indicates that he relied not
only on the matters that were presented to
him on December 22nd, but also his own
investigation and observations. So he is
here to address an.y of those that the Board
may wish to ask him about
The other thing that you have in front o
you is a copy of the transcript from the
proceeding that occurred in front of
Mr. ashington. back on December 22nd so the
Board will know exactly what was attested to
and testified to and stated to Mr. Washington
during the course of the presentation that
occurred on that day.
The only other thing l ' d mention. that
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needs to be included in the record is one of
the Appellants, an individual by the name of
Irtaiis Negron, and forgive me if I
mispronounced that, sent in a letter to the
City yesterday. I think it would be
appropriate to make that letter a part of the
record here today as well, and I ' 11 provide
that to the Secretary.
And with that, I will -- I will sit down
and will allow you, Mr. hairman, to call the
first of the Appellants.
NSR. RO ENTHAL: Unless you have any
questions of Mr. Hamilton.
MR. `I THE t No.
MR. WHEELER: Chief Firtner and
Mr. Krug, unless you have any objections, we
w '11 hear from all the Appellants and then
respond in one, as opposed to responding --
MR.
-MFS. FIRSTNER.o No objection.
R. WHEELER: We had 15 people who filed
appeals. It appears that only one, two,
three, four, five, six, seven of thea are
there. I ' d ask any of you out there who have
not filled out a speaker request form, which
is located in the back, you will not be
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allowed to speak unless we come back for a
second round .
With that, we will go with -- and I do
apologize for the pronunciation of these
names. 1s it Mrs# Rabelo or her
representative, if you would come forward.
MR. OSENTHAL t Mr. Chairman, even if
they haven't filled out a speaker's form.,
you'll need to start with the f -.r t one to
identify in the record whether or not they're
here or anybody on their behalf is speaking.
MR. WHEELER: Is there anybody here
representing Mr. Ken Krebs?
Anybody here representing Ruben Leon --
Leon Melendez? Okay.
Mrs. Rabelof you can either stand there
at the podium. If you have any audio/visual
information you want to choose (sic), please
let us know. We have people here that can
get that set up for you. Or you can sit down
here, down front, either place, wherever you
feel comfortable.
MR. E T AL f This i -- let me just --
thi is the appeal of Ruth Noemi Rabelo.
Notice of Appeal filed February 10, 009;
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Second Notice of Appeal filed February 1,
2009.- Third Notice of Appeal filed e}rua r
1, 2009; Fourth Notice of Appeal filed
February 17, 2009.
THE WITNESSO Good morning, sir..
MR. ROSENTHALV Do we want to give the
translator the handheld mic? Would that be
k
e a s e r
Excuse rye, Mr. . Chairman. John, in terms
of the court reporter and anything that's
said in Spanish, what' s the procedure that
we're doing here?
MR. HAMILTON: She will take down the
English translation, what's being --
MR.
-M . RO NTHL : Okay. And we do have a
tape of this meeting that s being taped, so
there is also a recorded transcript of the
meeting with respect to anything said that's
in Spanish.,
MR. WHEELER: Please proceed.
MS. ABELo.- Thank you and good morning.
I am the lady, Noerni Rabeio. I own two
properties, two units. Only today I would
like to thank you for the short time that we
have been given for this kind of decision and
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appealing that we had to do. You will see
here many Puerto Ricans. The story of this
building -- these people here, ray friends,
some of them, they know everything. But I
did not come to make a history of the
building and/or what happened. The only
purpose of this day -_
MR. WHEELER: she'll need to stop*
MS. B LO t My apologies. We Puerto
Ricans, we speak very fast. I tried to use
contemplation tion at this moraen.t, it would be if
some more time could beliven . At th.i s
moment, only the people from Puerto Rico, up
until yesterday when I came, they have not
received the letter with the five days for
appeal that you 'ire provided. Even less, the
second letter for today's audience, dated the
19th of February, to be present here February
6th at 10 a. m. R11 this is happening in one
month.
However, the building and what happened,
happened on August 2001. Needless to say,
this person present here, Lady Rabelo, has
done every effort possible for the City of
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Ocoee to lend us a hand to resolve the
problem that occurred eight ht e a r ago and
that in one month wants to be resolved.
My only Petition{ without going into the
history and as to the possible measure, to be
given more time to the owners, of which 200
-- of which 231 are Puerto Ricans out of Soo
unI is, which constitutes the building Colony
Plaza. when this happened., there was a
commission of directors. In the year of 2003
we were invited to constitute a new
commission because of the ex -custodial,
Mr. John Hoswarth (ph) from Miami renounced
to his position. To that effect, at that
appointment of the sane building which was
not in the same situation as it is now, a
group of Puerto Ricans showed up and
momentarily was constituted a director's
commission at which some --- it was appointed
the engineer, whom is not here presented
today -- present today, Mr. Ismael dei Valle
as the president, and yours truly as a
secretary of the treasury. Because around
those days the former treasury secretary,
Miss Betancourt, she renounced, and T was
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named as treasury secretary,,
The
road h a s not
been
easy. Mr. Josh --
THE
INTERPRETER.
Nay
apologies.
MS. RABELo: Jeff Berman (ph) , whom is
present here today, becomes as an order of
the tribunals as the new bu-11ding custodial
in relation to administrative terms.
This is part of the situation that we
had. He continuedrepresenting, and us, the
members of the committee. Around that time
e opened an office on Monday,-ith the help
of money out-of-pocket -- out of our own
pocket, with the only purpose to attract to
the owners of the building so they could help
recuperate our property,
On Wednesday of that same week, presented
to the building at the Code Enforcement and
ordered us to close that small improvised
office that we created respectfully for all
the inhabitants and ourselves and other -- or
any other stuff -- person that could be
around. It's been two years since that
happened. And in 2005 a Florida tribunal
sent us to, the representatives of the Puerto
Ricans, and the owners as a whole, an
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invitation for arinitrative at the
offices of the Judge -in charge of the case
Some of the people who showed up are
present and that have been at that year. And
up until this month is when we received the
notificationsof February 9th, while a
beautiful building was deteriorating, of
which we still have our titles of the rooms
.of which it's called night now the areo (ph)
or aerial space.
Nay interest and our interest, because
this morning speaking for, if T am
allowed, for the name of 14 people who
appealed, eight t hat l brought myself, and I
delivered to the Secretary of people who have
four.d out of all this that will happen
through telephone conversations.
The questions would be, can we rev -le in
some sort of a meeting -- could you invite
through a oerti f i nate letter to all the
owners, to their last addresses that you
have, and give us some time, to us who know a
little bit more, because this is spread by
word -of -.out, by telephone calls practically
to any person.
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In short, that is that the building has
units that have been paid completely. l mean
that the entire debt has been sat-isfied and
that we are paying what is called taxes,
which is the contributions to the Florida
Government. It's only a Petition up until
where it is passible, either here or in
Puertc)- l i a . Remember, three-fourths of it
live and the -Ir addresses are in Puerto Fico.
We recognize that we bought in Florida,
not in Puerto Fi o f that we were or not lied
to -- or we feel that we were lied to
afterwards. That every intent (sic) pos Bible
was made up until this date, and we have
never been compensated whatsoever. we have
not been considered practical.ly for nothing.
And the feelings o -- my other colleagues
and my neighbors, .it has been that f rom the
City of Ocoee and from the State of Florida.
We recognize all the codes and we respect
thea. The Petition that I have from ray
neighbors.first is not to be demolished. The
building, that it has been closed for four
years -- for eight years. The homeless have
resided and llved in our apartments. We have
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never got in there for nothing. Yours truly,
I come three, four times t o Orlando, and 1
have seen what you want to demolish now. �
have seen how you have thrown out the
property inside the un -its, the equipments to
the streets, without taking in consideration
that -T at that moment to whomever had it.
We have a group of Puerto Ricans that
still -- and l know that also people from
United states, because the .rest of it are
from United states, that because of their
condition of responsible people, they're
still paying their mortgages and their
properties are taken away in Puerto Rico b
the Florida banks. There are three classes
of owners that are suffering. Something that
was dome in such a lore time, they grant to
tear it down in two days without any regards
to our economies. That with so much effort
and work, many elderly people had their money
sacred, and one good day a developer goes to
Puerto Rico, sells, ars then disappears
We recognize that we bought into a
situation that perhaps had some Code
violations, but like any other building that
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is painted, looks wonderful.. We were lied
to. We were misled. I just come here this
morning to request your mercy for us, the
Puerto Ricans, and the rest of the owners who
are going through what I'm going through at
this moment .
Again, I thanks -- I thank for the
opportunity to be here with you and request
an appeal to your emotions ----- economical
emotions, and the distinction that you have
had towards us to not do it without
considering the owners of Colony Plaza.. A
little bit more of time, and I guarantee you
that if you have to demolish it, consider the
form of indeami at -.on (sic) to all of the
Colony Plaza owners, not before letting know
and ask the owner of the land, Cypress
Corporation, what has happened if they sold
or you sold or who's being the owner of this
land. Because the structure can be
demolished, but the land remains and
increases, but the property goes to the
ground. If at this moment you have that
opportunity for us, we will greatly
appreciate it. 1f you have to do it, just
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consider the posi
... tion of the owners,
Tow, I would like, if some of you would
give us the opportunity, if some of my
neighbors who are present right here behind
me, i f they have something to say, and if you
want to give them the opportunity to say
something different than. I have already said.
MR. WHEELER.-, If they would like to
speak, po t ent .i a l l e can chive them time
after all the other Appellants who have filed
formal appeals. Ma'am, ma'am, ma'am.
MS. RAELO* I'm sorry.
. HEELER: They would have to wait
until after all the other formal Appellants
have made their presentation.
MS. RABELO : Okay. Okay. They are going
to hear. save for last.
MR. WHEELER: Okay. Do we have anybody
-- is Jose Guevara or Carmen Betancourt here?
Miss Betancourt, please come forward. Again,
if you would I -Ike to sit at the chair or if
you'd like stand at the podium
MR. OSE THAL : Excuse me. This is
--
this is item four, Jose 0. Guevara and Carmen
Betancourt. Notice of Appeal filed February
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10, 2009.
MS. BETUTf Good morning. I'm
sorry. I'm going to speak Spanish because
it's better for me.
My name is Carmen Betancourt, Dr. Carmen
Betancourt. I was -- I was five years as --
I served five gears as the president of the
Colony Plaza when the condominium was given
or passed over to us after we bought. I
would like to --- I would like to say -- I
would like to say hello to our friend from
the fire -- fire department, who have always
been with us and always have been a great
person and a great professional..
During the time after the Colony Plaza
was turned over to us, it was a place --.It
was an amazing place, and it was a place that
we enjoyed very much. Unfortun.atlr, when
the association changed, many problems
a ,ised (sic) between the association and the
administration Cypress. From there is where
the whole problem comes from.
I u i-te to everything that has been said
by my colleague, Miss Rabelo. But to all o
us as owners, we would like to know what has
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happened to the owners of Cypress. T do not
see any of them here. These people really
are very important to this prof ect, the
Colony Plaza, because, really, they are part
of the problems., all this problem that has
arised.
This company is like a chain with --
linked to the other people who went to Puerto
Rico. They s e t up an office i n Puerto Rico.
They cave a huge promotion on television s o
to attract us Puerto Ricans to buy and to
invest -in the Florida condo market. At this
moment this is not happening because people
have found out and realized on the three
condominium properties that they have that
the same situation for which we are going
through has been happening more or less the
same on the other properties as well.
Something as well that concerns me is
that when the insurance company gave us part
of the money to repair the property, we
started trying to put all the Code violations
that were present, we tried to bring it back
up to Code and have o functioning property
again. And City - and City representatives
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went and visit the property. And we thought
at that moment that the City would give us
the property to inhabit the property again
because the City was very supportive at that
moment. But afterwards -- but afterwards I
don't know what happened. Ever thing carne to
a complete stop. Like my colleague, Noemi,
said previously, they shut down the orrice
that we temporarily opened to co i t eet and
raise money. We want you to know that the
people who bought into that facil-ity are
professionals and very -intelligent, and we
know that that place -- that property i
worth money.
We want to know what kind or negoti at -ion,
if one took place between Cypress, the own . er
of the land, and the City. Because we always
followed and fulfill all of our obligations,
but we notice that Cypress abandoned the
property. As the property got more
destroyed, the Code violation.s arise, more of
them and -- because they abandon the
property.
During the time that I --- that I was vice
prey ]-dent, we had the best relationship with
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the people of Cypress. Unfortunately,
everything changed afterwards because I
wasn't present anymore, And the relationship
with the other people that took over was not
the same as the relationship that I had with
the people of Cypress,.
I am not too sure how you have reached
this decision to demolish this building when
we, the owners, have made a great effort to
establish communication with the City. And
we have never had a. response -- a clear
response from the City in order to negotiate
with us, the owners.
I'd like to be clear, because I love
Florida, I loved my condominium unit. I also
have two grope rt l e s here. I live ther . And
every time that I pass by that build. -ng, I
see that the structure is in bare concrete,
because it is a strong building, that ars
opportunity could have been given to that
building, the ropa i rs { to put new w� ring,
electric wiring systems, clean all the areas,
common areas. And if it wasn't -- and if it
wasn't
that you didn't
want us to
be the
owners,
to buy it from
us, or the
City to
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take it to use it as another -facility, as a
homeless facility or anything else.
We would like, and myself as an owner,
would like f or the City to send us some sort
of communication before taking the decision
to demolish. Because I think we have the
right of ]mowing -- specifically of knowing
the value of the land, which really has
value, what kind of negotiation. the City has
entered with Cypress, so we know exactly what
we can wait (sic) . To ]snow after you have
done --- or go through with the demolition
what plans the City has, to see if in that
plan we, the owners, are included for some
sort of reward. Because I do know that I
have a space -- I own a space on that
building which I bought and that at this
moment I azo paying my taxes always as -- as
an owner, and I bought that space in cash.
And I want to know if I will be -- and I want
to know if I will be rewarded., as well as my
colleagues, the owners of other condcminiums,
because we all have the same right to be
rewarded, depending on the cost of each and
every unit.aus there are some units
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that are more expensive than others, You
should look for references of the
condominiums at the property registry try about
the cost when we bought them for you -- f o r
you -- f o r you to have an idea o f the cost of
our investment or if we have a right for the
solicitation -- the request that we are
presenting you with today.
I think everything that I have said i
all that I need to say. 1 thank you ail from
my heart for anything that you can do for us,
to keep us present, because 1 think that the
City of Ocoee is very beautiful. I ' m a
neighbor here of the city. And that building
can be in a very beautiful state if the city
dives us a chance to reconstruct -- or give
us time to reconstruct and to -- and to gave
us the opportunity to have some ro�it in the
event the city sells it, or at least for u
to be rewarded in the event the city sells
the property.
Now., we all need to wait for your
decision, the same with the request that ray
colleague, oem-1 I abelo { made. You have a
wonder f u i day and God bless you
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MR. WHEELER: "Thank you, Dr. Betancourt.
Okay. We have Juan Rodriguez and Gloria
Gonzalez.
UNIDENTIFIED SPEAKER: I agree with
everything that, they have said.
R. WHEELER: So you're waiving your
Petition to speak.
UNIDENTIFTED SPEAKER: Yes, he agrees
with everything we have said.
MR. HEELER . Thank you.
MR. ROSENST'HATS ; Mr. Chairman, let me
state for the record that was item five, Juan
Rodriguez and Gloria E. Gonzalez. Notice of
Appeal f-iled February 10, 2009. And as I
understand what they said is that all the
comments from appeal number four,
Dr. Betancourt, also apply to that appeal of
number fire.
MR. WHEELER: Olay., Mr. Albert Williams,
Carolyn Williams, if y'all would like to come
forward to speak.
MR. ROSENTHAL. This is item numbe r six,
Albert J. Williams and Carolyn D. Williams.
Notice of Appeal filed Febr-uary 10, 2009.
MR. H LER ,, Please proceed,
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MS. WILLIAMS; Mr. Chairman and Board and
respected audience, I ' m Carolyn 1iiams .
First, I ' d like to identify myself according
to how Ocoee identified me and Colony Plaza
identified me, so I will quote their
definition-, The owner, The owner is one who
has purchased a Colony Plaza Resort Timeshare
Unit Week. I purchased time there of a
floating week{ week 49. And Colony Plaza --
my Intent to Purchase says I understand that
I ani purchasing prime time at Colony Plaza.
So I had nothing to do with the planning of
the building or the building of the building,
and -if it's in danger of hurting anyone, I
certainly would wart it down. I'm sorry, but
I can't agree with the other people in that
respect. However, I'm very iimited in how I
can help because I can't work. I only draw
600 a month Social Security and I spend that
on most of my health problems, which I have
health problems in that respect.
My letter said -- suggested that when you
take the building down -- so we don't want
anyone hurt, we don't want anyone sued, we
don't want any problems -- is that you sell
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the -- which is a very wonderful lot, it's a
big lot and it's on 'a corner and it's a prime
.lot that you sell that to recuperate part
of 'It. And thea I understand e had
insurance on it. But the insurance was
ho -- and I'm not real sure. I don't
ant to name any names and hurt anyone, but
the insurance was paid but someone absconded
with the insurance. We never got a penny out
of it. We did not get our time fulfilled out
of it. We have lost all the way around.
So I plead to you to, whatever you do, to
take into consideration that I was a poor
teacher making 7,000 - $7,500 in 19V3 at
Osceola High School. And then we were laid
off in five years, and I went and worked as a
part-time instructor at Brevard Community
College wo r ing part-time. So I'm not a. rich
person. I bought that in hopes to travel and
get a good education which I could hand down
to my children to travel and get a good
'ducat -ion. I've never spent one night -in
that building. But I did have a few weeks
before the building was condemned, before the
accident happened or whatever happened --
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frankly, I wrote and wrote and wrote to these
people, I got one reply from Robert Mueller
(ph) , which is a Board member, after T had
written thy. letter to him, telling us that
they were trying to find out themselves what
happened and they were trying to get someone
to take care of the repairs. And so repairs,
T understand, were underway, but they did not
reach Code, and so, therefore, they were
trying one more time to do that. And they
kept putting off and putting us off and
putting us off, and I find this out
accidentally.
I tried to rake a trip, and T was refused
to make a trip. And so I asked why, -Well,
they said T had to go to Daytona. 1 believe
T have that address, Daytona Fountain Beach
Resort in. Daytona Beach, Florida on Atlantic
Avenue. And T had to go there to make ray
trip. So T went there, and they d1d let rye
make one trip, And after that 1 asked therm,
I said, why am l coming here? whir is this
happening.? Because no one had let me know
anything at that point. well, then they
explained to me that there had been a water
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leakage somewhere.{ it had gotten out into the
walls, and therefore damage to the building
had been done{ so here we are.
And I just plead for you -to be merciful
because I haven't fulfilled my travel time.
I'm too old now to do .it. I'm 77 years old.
I can't go travelling anymore now. I was
hoping for the last 10 years to be able to do
some of this, get some benefit out of it, but
--- and I've a id cash for mine, so I dory I t --
T'm out of cash,. too, and I don't have any
more to pay, actually.
But I'll do whatever you gentlemen dec-Ide
to do, but it ' s by law -- i t has to be by
law, because I arra not a owner of the
building. Thank you.
MR. WHEELER; Mrs. Williams, thank you.
Mr. Williams, are you letting your wife
speak?
MR. WILLIAMS: Yes.
MRS. W ILL IAMB : Thank you so much. I
appreciate it.
MR. WHEELER: Ts anybody here
representing Zahira Torres Nieves or Rosa
Torres Nieves?
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U I DENT T DYED SPEAKER: She's not here,
sir.
MR. WHEELER: Thank you
Anybody representing Ismael del Valle
Rivera?
UNIDENTIFIED TIFIED SPEAKER: No, they
couldn't --
MR. WHEELER: Thank you.
Anybody representing Juan Perez and
Virg-iliaPerez?
NIDE TTIETED SPEAKER: They're on a visit
-- (unintelligible).
MR. ROSE THAL : You need. -- you need --
you rood to come to the micro phone.
MR. WHEELER: You need to come to the
microphone, please.
MR. ROSE iTHAL: This is item number nine,
Juan Perez and Virgilia Perez. Notice of
Appeal file. February 12, 2009.
TDE TIE ED SPEAKER: out of the 14
people who appealed and were called, at least
eight of them sent some sort of communication
with me, and l gave .it to the Secretary who
was filling out the documents.
MR. WHEELER : Okay. We're -- we're just
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going through the list of people that
actually filed a formal notification. But
these people -- the people -- other people
that showed up,we'll give them a chance to
speak, also. We're looking for
representatives of the --
U IDE TTFT D sPE E : Okay.
Can yoij give the opportunity to the
people who are here -- here? But out of the
14, as I said before, was delivered to the
Secretary. All that has happened here 1s the
time that we have had, the very short time
that we have been given. Because at this
moment, if the demolition will take place --
MR. WHEELER: a ' arn
UNIDENTIFIED s AKER: And in some of the
letters it has been stated --
MR. . FEELER : We're looking for
representatives of the Torres family. The
other people who filled them out will get a
chance to speak after the formal appl-icants .
UNIDENTIFIED SPEAKER: They are not here.
They ---- they couldn't come because of the
short time between the 19th and the 26th that
a
was given.
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MR. WHEELER: Yes, we did get your
additional letters. I have thea right here
UNIDENTIFIED SPEAKER: But they could not
take the trip to be present here today.
THE COURTV I understand.
UNIDENTIFIED PE E : Thank you.
R. WHEELER: Miss Betancourt -- Dr.
Betancourt, we're trying to get everybody who
filled out speakers and actually filed an
appeal -- we'll give them a chance to speak
again at the end, please.
MR. ROSENT AL : Ten.
MR. WHEELER : Is there anybody here
representing Pette E he arria? Please care
forward if you want to speak.
UNIDENTIFIED SPEAKER. (Unintelligible.)
MR. RO ENTHAL : You need to come to the
microphone.
MR. WHEELER : You need to cone to the
microphone.
R. RO ENT AL: This is item number 10,
Ivette M. Echev rria . Notice of Appeal filed
February 1, 2009*
F ECHEVARRIA: Ivette Echevarrla. I
own the Unit 50-/ of the Colony Plaza. I
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agree with everything that Dr} Betancourt
said before and Noemi as well. That ' s it
Thank you.
MR. WHEELER: Thank you very much.
Jennie Ike Jesus, please come forward
MR. ROSENTHAL: This is iteia number 11,
Jeannie De Jesus. Notice of Appeal filed
February 13, 2009W
MS. DE JESUS: Good morning. My name is
Jennie De Jesus, Unit 626. 1 come to -- to
yoij with the highest respect, and l t ru s t on
the respect that you will give us. It would
be because you would put your -- or give your
best intention to resolve, and that this does
not represent lust merely formality where a
decision has already been taken.
Dr. Jef f Berman, who was dere a minute
ago and he left the rooms., he is the custodial
of all the archives of t e Colony Plaza. The
document to which T'm going to make a
reference is in his ownership or belonging.
Tn 1995 there is a document of either the
County or the City of Ocoee addressed to the
corporation, Colony Plaza Development, where
some names were mentioned who are actually in
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this room, where it states that the City of
Ocoee assumes that the building of Colony
Plaza i's up-to-date with all the regulations,
but that they give up of inspecting such
Where is the responsibility of putting
that building for sale, building which has
not been inspected yet? When the terrible
thing happened, the fire which occurred on
August of 2001, the City then moves to make
inspections, inspections they did not make
before. And they find a series of
violations; inadequate electrical wiring,
steamers that nearer worked, and the total
violations, and adding it toward
administration.
It's been eight years through which the
Colony Plaza has remained closed. Where each
of you were looking at during all those eight
years?
The Colony Plaza has two buildings, two
towers where the land is owned and kept b
the developer. The first tower, whIch was
built 1968,' the developer also retains o
owned the first level. But from the second
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floor to the seventh floor, it is sold as
units. Out of the second tower, which was
built in 1972, th.e whole unit -- the whole
building is sold in units.
If at this moment you decide to demos i sh
both bu i di ng s ,
there
is an area
he re
nothing can be
built,
because it
is owned.
And there is another area where from the
second floor to the seventh floor it is also
owned. And each of those 331 square feet
units that will remain as an aerial space
which is open, therefore the land cannot be
denied.
UNIDENTIFIED SPEAKER: Reused.
THE INTERPRETER : Oh, clarify. Reused,
reused.
If I make -- if I can make a suggestion..
I can do this simultaneously s long as her
voice does not go over mine* And that's
going to be better for the court reporter.
There is two ways that T can do i t .
si uitaneousi { which is her talking and I'm
talking, or consecutively, which is the way
that we're doing ,it here. Simultaneously,
would give you a better idea of what she is
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saying and it's going to be war better for rye
to compose the interpretation as to what she
is trying to say.
MR. WHEELER.: As long as the court
reporter has the ability to hear you speak
and can transcribe, then I will leave that up
to the court reporter. If you have a
problem, please waive your hand and let me
know.
MR. RO E TH L.. Let me suggest, maybe i
she does not talk into the mic, then it
wouldn't bleed over. So if she more talks to
you and maybe move the mic away.
MS. DE JESUS: What l wart to say is
people like me who bought un -its and we paid
taxes, and we paid our mortgage every month,
e maintain an ownership of the land as an
aerial space where nothing else can be built.
Because we Flo have an interest of ownership
there.
Throughout all these eight years it was
pubi-ished on the newspapers of Orlando. A
particular project that was in the interest
of being developed, a resort where the Colony
Plaza is now standing, and the name is the
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Branch Park. How much time is needed to
develop a prof et ? It could have been the
case that a project would be developed over
the ruins of another?
Throughout these eight years I ask why
the City of Ocoee did not show any interest
in saving the situation of Colony Plaza? And
I would and I would not like to thank that
other projects were being looked into
parallel to this situation.
At the current times where America
changes and - and leaves behind the raci a 1
issues, I would like -- I would like to leave
present in the hearing that I have sent two
letters, affidavits, well -document
affidavits, to the Florida Governor and to
the office of the external issues of
President Obama for an investigation - for a
deep investigation to be taken place of what
has happened here,
My position about the demolition is that
can happen one way or the other, but people
like us here present who have continued
making our payments religiously, we should be
rewarded either by the Ocoee County or
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because or another organization taking
ownership for a just solution .
And this is all I have to say. Thank you
very much.
MR. WHEELER: Thank you.
Okay. Do we have anybody here
representing lrtalis Neuron?
Okay. Anybody representing Lucy Mateo
Gonzalez?
Gregoire Mendez? Please core forward.
. O ENTH L: This is iters 14, Gregoire
Mendez. Notice of Appeal filed Febru ar- 7,
2009.
. DE : Good morning or good
afternoon. I don't really know the time .
Good morning. My name is -- goad morning
distinguished members of City of --
MR.
-M + RO EI TH L : You need to speak more
into the mic.
MR. ME DE : Good morning member or the
City or Ocoee. (Unintelligible.)
Mt WHEELER: Excuse me, Excuse me.
Could you adjust the microphone a little
lower for him, please? Can you adjust the
microphone a little lower so he can speak
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directly into 't? There we are. Thank you.
R. MENDEZ. (Unintelligible.)
MR. HAMILTON. Excuse , Mr. Mendez.
I'm sorry to interrupt. We're having -- the
court reporter is. having a great deal of
difficulty trans rib-.. g this and recording
t i s , Mr. Chairman.
MR* MENDE : You wart me to speak slowly?
1 can do it.
R. HAMILTON* Okay.
MR. MENDE . Okay.
R. HAMILTON.: And she'll l e t -us know.
If 1 interrupt you again, 1 apology. .
ISR# RENDEZ -. (Unintelligible) allow here
to speak for more than -- than five minutes
(unintelligible) -- because those people --
MR. RO ENTAL t Yes, that was a speaker
forum for our City Commission Meetings to the
-- (simultaneous speakers.)
R. WHEELER. Take your time.
R. MENDEZ . Okay. T will take my time.
Okay.
MR. WHEELER* just want to ,make sure
we get -- (simultaneous speakers.)
THE TTNE S: My name -- really second
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language i s English. My first language 'is
Spanish, but I think I can make myself
understood. So I think (unintelligible) I
will do it in English.
My name is Gregoire Mendez, US citizen
born in Puerto Rico, Unit 538 owner at Colony
Plaza Condominium, Ocoee, Florida,, I ' m
getting old, so I -- can you excuse rye so I
-- can you excuse me, please, so I can put my
glasses
on?
MR}
WHEELER: Sure.
MR.
E DEZ f Just a second. I' . getting
old. I'm
getting old. okay.
MR.
WHEELER: Okay.
R.
MEDS: okay. I serve the Army
Vietnam
era. (Unintelligible) and my twin
brother
- my twin brother mVi tn.am. Nay
father (un
-intelligible) Korea. okay
As
an owner of Emit 538 I have paid the
property
taxes all those years, even after
the incident occurred October 28, tool to the
present.
(Unintelligible.)
MR. rt
R R HEe-1LE e Excuse 1L1.e just second.
Slow down.. Slow down and speak a little
clearer,
please.
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MR. MENDE : Okay. My job background or
experience or training in safety and health
is more than 25 years of working with the
Federal (unintelligible) safety and health
(unintelligible) OSHA (unintelligible) first
with the (unintelligible) departme t, Puerto
Rico (un -intelligible) safety and health
officer ( u intel l i -lble ) safety and health
officer .�.�
SIR. RO ENTH LS Excuse -- excuse me one
second.
Mr. Chairman, we may have difficulty
having ars exact transcript by the court
reporter, so we'd like to ask that the
Appellant, since they - since this is being
recorded, if it's acceptable to the Appellant
if the court reporter sloes not get on paper
an exact text of everything that is being
said. recognizing nizing that we do have a tape of
the meeting.
1f you grant to translate and explain that
to him.
HE INTERPRETER. (Translating.)
MR. MENDS . If you understand what l
said -- I have said nothing yet. l want to
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say this. I want to read this. I want to
express opinion about this. Okay.?
MR. OSENTH L : Right. The d-ifficulty is
that the court reporter cannot understand
every word to have the exact transcript.
R. MD Okay, okay.
MR. WHEELER: But we are -- we are taping
it. The CityClerk is taping it.
Due to the inability to make a verbatim
record of Mr. Mendez, the court reporter was
instructed not to report Mr. Mende ' s
statement to the Board.)
MR. 'HEELER: Thank you.
Is there someone representing Emmanuel
apina?
Okay. That concludes the testimony b
the five people that -- the 15 people that
responded to the appeals. Is there anyone
else who'd like to say something that has not
already been saki? We've had plenty of
testimony from a number of residents, we
appreciate you all speaking, but is there
any]Dody else who would like to speak that has
not already said something?
Dr. Betancourt, I need to -- I can give
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you just a couple more minutes,
MS. BETA o RT: I understand not to
reach an agreement -- the City of Ocoee not
to reach an agreement with us, the owners.
But we will do to the impossible. Actually,
she's even sending some kind of co = unication
to the Governor. And we will always -- also
get together to solicit in attention with the
present -- President with the situation --
1th this situation which we did not do
before and we will do now.
But something tha t I' questioning is, if
after the City demolishing the building, if
we w-111 be pen a l i ed for X amount of none
for the demolition of the building when we
are not at fault of that situation. This is
very .important -- that is very important,
cause we're not willing to pay for the
demolition of that building. Because we
would be losing our money and also the money
of the taxes that we have been paying.
Something -- some other agreement that we --
which the City is �.
R. WHEELER: Mrs. Rabe i o# Mrs. Rabe to f
MS. RABELo: Yes, sir.
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MR. WHEELER.- The court reporter
is having a hard time trying to hear with
you talking in her ear. T f you have some
conversation you'd like to have with
Mr. Mendez
--
MS. ABELO : Okay. Thank you, sir.
MR. WHEELER: -- w-111 you please go
outside. Thank you.
Sorry, Dr. Betancourt.
MS. BETANCOURT. Something that could b
possible as well with the City is that we
could reach an agreement like befor. it is
the first time that I see the faces of some
of you, because the Chief knows me from many
years acro, and he knows all the errands that
I have done throughout all the years. And he
knows all that we've been through and he
knows all our suffering., He was even in
Puerto Rico. We want to Light this battle
until the end, with your help and our great
Father God, to see if we can restore that
building and mach an agreement. Because the
structure, it is solid cement. It is solid
cement. The restructuring should be inside
All those codes -- codes for hic1-i we were
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p nal -1 d --
MR. .WHEELER: Dr. Betancourt, you've
already had a chance to testify} If T start
giving everybody second and third chances,
we'll be here all day long. Now, are you
ready to wrap up your presentation?
MS. ETANCOURT : Yes, Yes What T want
to say i's that for you to have present our
situation and to oo=uni nate to us what you
think to do before demolishing or exploding
the building. Because T think that we could
also be represented legally, that could reach
a legal suit against the City of Ocoee. if
it's possible, we get together and we
negotiate, so we would like to see your
consideration. from you towards us.
Thank you so much. And, like I said
before, God bless you.
MR. WHEELER .& Thank you.
Passing that, I'm assuming we don't have
any other presentation by anybody else who
has not had a chance to speak. We can move
on.
Personally, I'd like to kind of take a
break so I can go get a drink of water and
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use the bathroom, then we'll hear from
Assistant Attorney Mr. Hamilton. Let's take
a five-m-inute break. Thank you.
(Meeting in brief recess.)
MR. WHEELER: I am hoping this won't last
much longer. However, T know a number you-
all
ou-all are k-.nd of like , your blood sugar
level starts getting a little low and you'd
like to go get something to eat. so I'd like
to know if you -all would like to take a break
for ars hour or so to get lunch and then core
back and we'll start with. Mr. Hamilton's
testimony afterwards. Would you like to take
a break for lunch?
UNIDENTIFIED SPEAKER: if it's not a long
time, we'll wait.
. WHEELER: Mr. Harm. tori, how long do
you think you'll b?
MR. HAMILTON : It's hard to say. l thank
I'll probably go at least a half hour,
probably not longer than that. And then
there's the time allotted for the Board's
deliberations a.s well. I mean, we could be
here awhile.
MR. WHEELER: Tt will easily be more than
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an hour. l would reco=end that we take
}creak for lunch. Let's core back hero at --
it's
-it`s about to to 1:00 ri ht now. Let's be
back here and ready to go at 2 -WOO.
UNIDENTIFIED SPEAKER: At 2:00?
THE COURT: Okay.
(Whereupon, a luncheon recess was had.)
. WHEELER: a Okay ■ We will continue the
hearing. Mr. Hamilton aro you ready to
present your.
. HAMILTON. I am, Mr. Chairman.
. WHEELER: -- information?
MR. HAMILTON: Good afternoon. t the
beg -inning of this hearing during my
introductory remarks T indicated that the
questions before the Board tod.y would be
whether any of these ppellants provided. the
Board with some reason finding that the
administrative order entered by the Building
Official was illegal f in violation of the
law, or whether any of then demonstrated to
the Board that the order was lacking in
factual basis or inadequate factual basis.
As to that second point, I don't think
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any of these Appellants challenged the
findings of fact in this order, an.y of them
challenged the conclusion by the Building
Official that the conditions under- the City
Code exists and they exist to the point where
extreme life safety hazards are present. And
none of them disputed the mer n actions
required to address -- address thc>se hazards.
I will core back to that question. But
as to the second o f the two points that are
really before this Board, there was no
argument at all- I'll come back also to what
arguments were made. As to the legal
argument, the only legal argument that I
heard challenging this -- this order
concerned -- and it came during Mr. Mende 's
presentation and a couple others' as well --
concerning the question of whether the unit
owners should have been provided with notice
of the presentation before the Building
Official back on December 22nd. And the
answer to that under the law is no, and I'll
explain that in a second.
I do grant to start here, I suppose, by
talking about some of the applicable law to
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situations of this nature, and I'll quote a
few legal sources on that, starting with the
generai treatise on municipal corporations
under equivalence treatise,, Section. 24557,,
where it states that it is a general rule
that a municipality, in the exercise of ,its
police power may, without compensation,
destroy a building or structure that is a
menace to public health -- public safety or
health. Later on in that same Section the
author of the treatise discusses the
municipality's right to reimbursement for the
cost of doing that*
o r the issue of reimbursement is really
not really before the Board today. The City
has not done the demolition, it has not
assessed cost for the demolition. That is
down the road. If and when that ever occurs,
there wouid be an opportunity for anybody to
object to the amount of that or to contest
the iiability for any costs associated with
the demolition before. That question is not
before the Board today.
The right of a municipality to destroy or
demolish property in the interest of pubiic
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safety and health, and to do so on an
emergency }iasis also is well-established
under Florida Law. And T would cite to the
Board the case of City of Venice versus
Valente, -a -l -e -n -t -e, 429 So.2d 1241, which
stands for the proposition that a
municipality does have the constitutional
power in the state of Florida to enact and
enforce e Demolition Ordinance such as what
we have here. It is a proper exercise of the
police power granted by the Florida
Constitution to municipalities.
The supreme Court of Florida has said the
same thing. In the case of Rowland,
R -o- -l- -n-d, versus state 176 southern. 545,
an old case, 1937 case, which. the Supreme
Court of lor-ida recognized that demolition
is within the .lawful police power of a
muni cipali t . And that court also in that
case recognized that prior notice of the
demolition meed not be given in emergency
situations, which is what we have here.
And the final case that I'll make
reference to right here at the beginning is a
case from the Fifth District Court of Appeai
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from 2004, the Fifth District being the
jurisdiction in which we're Located, and I ' m
not gonna attempt to pronounce the name of
this case, it's spelled
D -r -a -g -o -m -i -r -e -c -k -y versus Town of Ponce
Inlet, it's 882 so,d 495, And what the
Fifth District Court of Appeals dealt with in
that case was a demolition order for a
residence. It was contested by the property
owner. And one of the arguments that the
property owner was making in that case ifs
oppos
a tion to the demolition was that the
demolition would cause financial harm to him,
would cause a financial loss to him.. And the
court expressly addressed that question b
saying, it is true that he will b
financially harmed if demolition occurs, but
the law permits such harm when .it results
from a valid exercise of police power. That
is apropos, I think, to a number of the
things that the Board heard today from a
number of the Appellants.
And I do want to go through the -- well,
.het me address the legal argument first, the
legal argument that the property owners were
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entitled to notice of the proceeding or the
presentation made to the Building official
back in December 22nd. T r you look at
108-42, which is the section under which the
order was issued, you'll see that that's not
true. . The Building Official could have, on
his own initiative or based upon the request
of anyone, concluded that the property was ire
a state in which it required emergency
action, that it did present extreme life
safety hazards. There is no provision for
nota ce prior to that determination 'if
emergency action is warranted. And as we've
seen, that is a perfect.y valid provision
under Florida Law.
All due process requirements have been
satisfied here because the unit owners did
receive notice of the decision, they have
been afforded ars opportunity to appeal that
decision to this body, and several of them,
as we've seen, have exercised that right.
The demo 1 i t i on as we s i t here today has not
occurred pending disposition or these
appeals.
I want to talk about thendividual
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arguments that some of these Appellants have
made to the Board, starting with Miss Rabelo.
She made -- and II gonna go through some of
these in accordance with the order of the
notes that I wrote as they spoke, so it may
not be as smooth and fiowi g as it otherwise
would be. But she discussed, among other
things, the proceedings that occurred in
Circuit Court* And she referred to an
invitation to show up at a hearing before the
court a couple of years ago. The information
about that 'is contained in. Binder D, the one
labeled Key Pleadings, that was --w- that's a
part of the record here. And that was a
hearing at which 1 attended, in which w --
we,
-w , on behalf of the City, sought permission
to proceed with Cole Enforcement action
against the property' We did so because the
property is technically in the custody of the
court by virtue of its being subD ct to a
receivership proceeding, albeit one that is
without an actual receiver.
The court entered -- the order from the
court is part of the record here. The court
entered an order stating that it was not
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going to interfere with the municipal it ' s
exercise of i t s police power, which i what
ulta-mately resulted in what we've got before
the Board today.
..yet me expound a little bit upon the
receivership proceeding and the matters that
are set forth -included wi thin Binder D. The
proceeding was commenced by century Bank, who
was a creditor or a mortgage holder on a few
of the units. It sought the appointment of a
receiver. The receiver was, -in fact,
actually appointed by the court. And the
receiver entered into efforts, negotiations
to try to brims.g the property back into
compliance with. the Code.
Towards that end a -- an agreement with
the city was worked out. The agreement was
contingent upon the receiver obtaining
financing for the repair of the property and
the -- and bringing it into compliance with
the Code. The receiver was unable to obtain
that financing. I t obtained -- he obtained
an extension of time from the city in which
to do that, the City acquiesced in that. And
the city was at that time agreeable to
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waiving the f ines it had accrued on the liens
that had resulted from prior code enforcement
actions against the property. .lt.imately,
the receiver was unable to obtain the
financing. Ultimately, the r .i er asked to
be discharged by. the court, saying that this
was not property that he could bring back
into compliance with the Code due to his
inability to obtain financing, and the court,
in fact, discharged the receiver.
Miss Rabelo asked, and I think this may
have been the principal theme of her
presentation, was -- asked for more time to
bring this property 13ack into compliance,
bring the property up to Code standards, l
suggest to the Board that that is not an
appropriate request. Tt's not relevant to
the question that's before au, which is
whether this order is supportable by the law
and supportable by the facts. There have, as
a matter or fact, been a number of years in
which this property could have been brought
hack into compliance. it is at a point now
at which it presents extreme life safety
hazards to the public, to people entering
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that property, to children and transients
entering that property. It is an extreme
emergency situation. And there legal
or factual basis for requesting an
additional time.
There are in the transcript of the
proceeding that took -- or that presentation
that took place back in December 22nd
estimates of what it would cost to bring this
property back into compliance. It is over
to million to restore the electrical, the
mechanical, the plumbing systems to this
property. Where has been no plan, proposal
offer, an thing of that nature from any o
the people who have an interest in this
property to bring the property back into
compliance in any realistic sort of way.
And Ms. Rabelo also said repeatedly, and
others said this as well, that they were lied
to, that they were misled. And Ifm not going
to suggest for a second that -- that she's
wrong on that. Maybe they were. I don't
know. Iwasn't there. I'm not suggesting
that a lot of these people aren't entitled to
sympathy. They, from all I can tell from
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what you beard today, they may very well have
been m.l s le , they may have been lied to, but
that's a question for another day. If they
have grounds for suing anyone because of how
they believe they were misled or lied to, the
courts are open. They have the availability
of the courts to do that, to pursue those
remedies. w at they don't have is the
ability to say that because they were lied
to, because they were m -i sld, that the
property is not in its current condition. It
is in its current condition. It is in its
current condition irrespective o f how it got
there.
The question before you now i s , do you
leave tha t property in place, based on the
determination that Mr. Washington didn't have
a factual basis for his conclusions, or do
you accept that there is a factual basis for
his conclusion because there's been no
evidence to thecontrary? If there are
remedies available to these unit owners, if
there were wrongs, legal wrongs done to them,
if they have claims as a result of what was
done to theme., those can be addressed. None
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of those are being foreclosed or denied to
them as a result of the demolition of this
property. They can still go to court. They
can still sue the developer. They can still
sue the owner of the property. They can
still sue, if they want, the City of Ocoee,
if they believe they have a claim for doing
SO. None of that presents a legal basis or a
factual bas I s for upholding -- excuse me --
reversing
-re er ing the order that was entered by the
Building Official.
A lot of then have asked for
compensation. Again, that goes back to the
question of whether they have a right to
compensation. I've read you Florida Law that
says there is no right to compensation from a
municipal authority that exercises its police
power to condemn property or demcl i sh.
property. I f they have a right to
compensation, again, the courts are open for
that, and they do have ability to go into
court, file suit, pursue those claims if they
believe they are meritorious. Again, they
don't have the ability to say that the loss
of their investment provides a legal or a
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factual basis for not demolishing this
property. That, I think, covered Miss
Rabelo.
Let's rove to Dr. Betancourt. she was
very forthright and went into a good deal of
detail about the history of this case, the
history of the property, the history of the
situation out there. I suggest to the Board
that, for purposes of what's before you, it
doesn't matter how the property got into its
current condition, it doesn't matter who's at
fault for that. It doesn't matter whether
it's the fault of the unit owners, the
condominiumassociation, the developer, the
owner o f the land or anybody else. The
property is in i t s current condition and an
i=ediate life safety hazard to the public
It does require emergency action. Everything
that's in Mr. Washington's order, an
extraordinarily detailed order{ I right addf
is fully supported by the evidence that --
that you have before you. And the reason why
it got into that situation in the fIrSt piace
reaily doesn't change the condition of the
property, really doesn't eliminate or alter
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P
n any way the need for demolition of this
property to protect the life, safety and
welfare of the citizens of this mun-.cipalit ,
and those who might enter upon the property.
couple of things that they did say, and
I'm talking specifically abaijt Dr. Betancourt
right now, she made reference to insurance
money that was given for the repairs of this
property, suggesting that the insurance
proceeds were absconded with, that they
disappeared, that they were not used for
their intended purpose. she then said that
Cypress Colony, who is the owner of the
-underlying 1 and, had abandoned the property.
That may well be true, but it goes back to my
prior point, that there may be a legal basis
for them to -- they, the un -it owners, to sue
Cypress Colony, but it doesn't provide ars
basis for holding up this demolition or for
setting aside the Building Official's order .
A couple of the Appellants, and I think
Dr. Betancourt may have been one of them,
suggested the possibility that as a. result of
what's happening here today the City will
have the property, will own the property, and
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1 will have the ability to sell the property.
That's not what's going to happen. The
3 property - _ the lard will remain in its
current - the property ire i t s cu rent owner.
The City is not ao ui ring any ownership
interest in any of the property as a result
of demolishing the buildings and the unsafe
8 hazards that are out at the property. And I
just want the Board to be clear, we're not
10 talking about ars eminent domain proceeding
11 under which the City would acquire title to
12 the property or anything else under which the
13 City's going to acquire title to this
14 property. We're talking about demolition f o r
15 the protection of the public in an emergency
16 situation, and that's all we're talking
in
17 about;
18 Ms. Williamson spoke. And T appreciated
19 her candor in saying that if this building is
o hurting anyone, then she certainly would want
1 it to come down, and she doesn't wart anybody
22 to be hurt, and that's precisely the point
3 here. There is undisputed testimony from
4 Chief Stanley, from Chief Brown and others
5 that this property presents extreme danger to
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-- to the inhabitants of this city. l recall
very vividly Chief Stanley saying that it's
not a matter of if somebody's going to be
seriously injured or killed on that property,
it's a matter of when. And that's why
there's an emergency situation here. This
property is going to kill somebody if it
doesn't come down. At the very least{
somebody's going to get seriously hurt in
this property. It does present an emergency
situation that requires demolition
Mr. Washington, as Building Off-icial,
concluded that in the exercise of his
authority and his duties, and nobody has
suggested that he's wrong on that.
I believe -it was Ms ' De Jesus who talked
about the - what would happen if the
property is destroyed. And she made
reference to the fact that the owners of the
units will still continue to have property
interests, even if the property -- even if
the buildings are destroyed. If you will,
they will have ownership interests for the
air above the land on wh.-1ch the buildings had
previously stood. That -- that is an
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interesting point, and I Im not -- it present
some --- some fascinating legal issues, and it
may present some issues down the road, but it
doesn't present any legal basis for setting
aside, vacating, reversing or taking issue
with Mr. Washington's Administrative Order.
Mr. Mendez. Mr, Mendez in his written
presentation and in his oral presentation
made several references to the City' closure
of the property back shortly after_~ the
sprinkler system --- the fire system
malfunetion d. or was vandalized or however it
occurred, the hooding occurred back in
August of 2001. And he made several
references to the fact that conditions out
there new, the conditions requiring or
warranting emergency action weren't present
at that point in ti -me. That may well be
true, but it's legally irrelevant to the
question before the Board today. Tt might
bear upon any claim that the unit owners
might think they have against either- the City
r developer or anyone else, but it doesn't
go to the point at issue, which is whether
this property presents the extreme life
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safety hazards that requires demolition right
now. And that's -- I keep coming back to
that because that is the point. That's the
only issue that's before you right now
My original plan was to load you a little
bit through some of the evidence that 'iin
the record to show the existence of a factual
basis for this order. I'm sort of reluctant
to do that, quite bluntly, bocauso nobody
hailenged that. But 1 would commend to you
the transcript of the presentation that was
made back in December 22nd. There is
testimony from Dean Hall, Johnny Navarro,,
Chief Butch Stanley{ Chief Charlie Brown, and
they go into great detail, and it's supported
by the binder that's labeled as Exhibit A,
great detail about the nature and extent and
scope of the dangers out at this property and
the cost of cleaning it up and bringing it
back into compliance. And Chief Stanley
actually said that from a fire safety
standpoint he didn't believe it was possible
to bring this property back -into compliance.
It can't be done* And all of the requests
that the Appellants have made for additional
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time e i s not supported b the law and, under
the evidence, would be fruitless, anyway.
This property is beyond the point of return.
The evidence that is in the record is
absolutely clear on that point.
Other things that are particularly
appropriate I thin. for me to mention has
been the enormous amount of evidence o
activity on that property, increasing i
scope and extent and nature in recent months.
That's what led to the emergency situation in
the first place, the discovery that children
are playing on this property, that they are
using fire hoses to rappel down or climb
the floors on the outside of the building,
several -- several stories up, open eievator
shafts in which children are playing
paintball within those elevator shafts,
presenting the possibility that somebody will
fall seven stories down an elevator shaft, at
the point where one of these old hoses
finally gives way. There are innumerable --
and it goes into great detail in the
transcript -- innumerable truly horrifying
dangerous situations on that property
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Somebody is going to get killed unless the
demolition of that property occurs.
Let me take you back to Tab 1, which is,
after all, what we're really proceeding under
here. Chapter 108 of the Florida -- of the
Code, City Code. And as I've mentioned
before, the two most important provisions for
purpose of the action are the last two
provisions of that chapter, section 108-41
and 108-4. 108-42 was the action, of course
-- setiond, of course, under which the
Building official took his action. But if
you go back to section 108-41, the beginning
part, you look at the factors and the reasons
why demolition of property may be warranted
under the law, it mentions abandonment,
neglect, inadequate property maintenance --
excuse me management, obsolescence. And
then it gives other factors. History of
unsecured or unscurable dangerous
conditions, a history demonstrating the
property owner's failure to exorcise
reasonable control over the property to keep
it secure or safe, a history showing that the
property has become an attractive nuisance to
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childrenor transients, a history showing a
proliferation of criminal activity due to
dilapidated conditions and lack of management
and control of the premises, a history
showing that notwithstanding the reasonable
efforts of enforcement personnel and/or the
Code Enforcement Board, the property remains
in a condition which is eminently dangerous
to the public's health, safety and welfare.
If you go through every single one of those,
there is unrefuted, uncontested, undisputed
evidence that ail of those are satisfied, all
of those conditions are present at this
property. Mr. Washington found. that. There
is a competent basis for him to find that.
There's an adequate basis for finding that.
It would have been startling if he reached
any other conclusion than what he reached.
Because it's supported by the evidence,
because it's supported by the facts, and
because it's in requirement with the law, and
because the arguments that have been made by
the Appellants don't go to the propriety o
this order, but rather go to i s sue s that are
extraneous to that, the possible claims for
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relief in other cases or things of that
nature, 1 suggest to the Beard that there is
really no question that it should affirm this
order of demolition, that there is no legal
basis for the Board not to do se. And unless
the Board has any further questions, that
concludes ray presentation.
R. WHEELER: Wellf gentlemen, we have a
task at hand for us to do here. I would ask
is there - would you like to have a -- any
discussion on it or any of the three of us
like to make a motion, which then we could
lead to --- .lead to discussion --
Sorry, ma'am, the presentation by the
public has already been taken care of.
M. FIRTR+ T don't need any time to
deliberate over the facts in the case and
everything on what's presented here today by
the Appellants. I ' d make a motion to uphold
the -- the ruling of the - the order by the
Building Official as it was presented.
M. G: I'll second that.
. WHEELER: Mr. Krug, would yo like t o
make any co=ent s ?
MR. K t Our whole purpose was to find
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an adequate factual basis ror the order, and
I think that ]used on the presentationwe've
seen it's not -- this isn't fun, but it's
the facts are there and I don't see any
reason not to affirm -- not to affirm this
order.
MR. WHEELER : Chief, do you have any
other comments?
MR. EI T ER : None other than the fact
that Life safety is the issue at hand. I, I
feel for the Appellants and -- and I
understand where they're coming from, but it
doesn't change the condition of the building
and it still poses a grave life sa e t y hazard
to the City of Ocoee and visitors and also
the public safety workers.
M, WHEELER ; I tend to agree with my two
members up here. While the action of the
Building Official and the presentation before
him deals with the building, the menace to
the public health and safety, the action and
the potential demolition of the building does
not allow (sic) you -all to continue with any
lawsuits. As Mr. Hamilton said, if you want
to ---- if you feel you need to sue the City,
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if you feel you need to sue the owners,
whichever, that doesn't, you know, does not,
you know, abate that. You do have the
ability, if you need to-do that.
I do feel for you -all. I mean, you know,
I, I own property, I own property that I
don't live in, and I would, you know, I would
hate to see that happen. All I can say i,
is that if somebody was seriously injured or
killed there, you -all as property owners
could be sued, just as much as the City could
e sued for not taking action to try and
alleviate an issue out there that is a menace
to the public health and safety.
With that being said, I would call the
question.
. O E TH L : Mr. Chairman, could you,
perhaps, and with Mr. Hamilton, maybe add to
that motion authorizing the Chairman to
execute an appropriate order to implement
decisions of the Board. Would that be
appropriate?
IFS. HAMILTON: I would suggest that a
well, Mr. Chairman, and I have prodded -- it
should be sitting somewhere close by you -- a
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proposed order that wow 1 d af firm the order of
the Building Of f i c i a l. I
i ve got -- provided
a number or copies as well. It' all -- the
actual order itself 1 think is just two or
three pages. The rest of those are just
copies of the first document.
MR. WHEELER: Okay. Mr. . H ani 1 ton , who
are the rest of these thousand copies
supposed to go to.
MR. HAMILTON: Anybody who wants them.
But the Appellants are entitled to copies.
So to the extent that they are here, we can
deliver them by hand. Those who d-ld not
appear, I can mail them copies.
. WHEELER : Would you like to read the
order. Would you like for us to read the
order into the record?
MR. HAMILTON: I certainly don't
discourage you from doing so, but I, I don't
feel compelled to do so at this point.
MR. R E TH L : Would you want me to read
it, David?
R. WHEELER: Yes, please, go ahead,
MR. RO ENTH L : That way -- this is the
proposed order being ---- being recommended by
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Two, the Minimum Standards cocle Appeals
Board is constituted, empowered and
authorized to hear and determine (inaudible)
appeals pursuant to sect -Ion 108-13 of the
Ocoee city code.
Three, the appealing parties referenced
in paraceraph one of this order has not
demonstrated any factual or legal basis for
reversing, overturnin , vacating or setting
aside Admin-Istrative order Number 2009-01.
Four, . dmini strati e order 2009-01 is
hereby affirmed and the appeals referenced in
paragraph one of this order are hereby
denied.
Five, pursuant to Section 108-13 G of the
Ocoee c-It Code, any appeals of this decision
of the-Inimu . Standards code Appeals Board
shall be heard by the city code Enforcement
Board.
Done and ordered in Ocoee, orange County,
Florida, this blas.k day of February, 2009, by
the Minimum standards code Appeals Board for
the city of Ocoee, Florida.
So we would -- 1 th-ink the staff would
ask that that be incorporated into the motion
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as part of the action being taken by the
Boardi.
NEE-. Mr. Chairman, just one
point of clarification. I'm Anthony
Gargane s. I represent the Building
Official.
R. RO E THAL: Turn up the mio.
. AEE; My name is Anthony
arganes . I represent the Building
Official. One point of clarification. The
Euiiding official diel charge the legal
description Administrative Order 09-02.
.fit RO EN HAL : Yeah, that --
MR.
-M . GARGANESE -. Does that need to be
referenced?
MR. ROSE THAL : Yeah, there -- there is a
second Administrative ativ rile.which is in place
which has not been appealed.
. GAR GAN E E. Okay,
. ROSENTHAL., o that order is not
before the Appeals Board. That order
specifically related to Cypress Colony, Inc.,
which is the owner o f the underlying land on
which the condominium sits, and the first
floor, because, as you heard, the condo
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starts at an aboveground level. So that 'is a
second Administrative order which was entered
by the Building official subsequent to
Administrative order Number 2009-01. No
timely appeal or no appeal has been riled
with respect to that order. So to the extent
the Board approves th-is thisorder{ the demolition
would actually occur pursuant to both of the
Administrative orders.
. G E E : Than.k you for the
clarification..
MR. WHEELER: okay. Any more advice from
Counsels?
. HAMILTON: I have nothing further. I
simply move for the entry or the order that T
have proposed.
R, HEEL All those in favor of the
motion made by Chief Fir tner and this Board
signify by saying Aye.
THE BOARD: Aye.
R, WHEELER: All those opposed{ signify
by saying like sign.
Motion carries.
Is there anymore -- any other appeals to
be brought before this Board at this time.
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800-275-7991
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MR. HAMILTON: There is not,
r
Mr. Cha -irma n R
MR. WHEELER. I would move that we
adjourn this meeting. Thank you,,
(End of proceedings_)
Orange Reporting, Inc.
800-275-7991
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E T I FT CATE
T. CANDICE G. JOHNSON, RPR, State of Florida
at Large, certify that I was authorized to and chid
report the foregoing proceedings, and that the
transcript, pages I through 91, is a true and
correct record of my stenographic notes,,
Dated this 25th day of March, 2009.
d_
COURT REPORITEO
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