[1. CALL TO ORDER]
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>> CHAIR: GOOD MORNING, MY NAME IS FRAN ROSS, AND I'M THE SPECIAL MAGISTRATE PROSIDING OVER THIS MORNING'S HEARING. I THINK MOST OF YOU KNOW WHY YOU ARE HERE. IF YOU DON'T MIND, PLEASE STAND FOR THE PLEASE STAND FOR THE PLEDGE OF
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
ALLEGIANCE. OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.">> CHAIR: PLEASE REMAIN STANDING THOSE OF YOU WHO'LL TESTIFY SO THE CLERK CAN SWEAR YOU IN.
>> IF YOU ARE PROVIDING TESTIMONY, PLEASE RAISE YOUR
RIGHT-HAND. >> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY THAT YOU WILL PROVIDE WILL BE THE TRUTH?
>> YES. >> DOES ANYBODY NEED AN
[A. 21-3582 4919 - 4921 Oleander Ave Midway Road Plaza LLC Logan Winn]
INTERPRETER? >> 4919, AND 4921, OLIANDER AVENUE, MIDWAY PLAZA, LLC IS THE OWNER.
>> GOOD MORNING. >> GOOD MORNING MAGISTRATE. .
>> I'M LOGAN WINN. AND TODAY WE HAVE CASE NUMBER 21-2182.
MIDWAY RODE PLAZA LLC. THE CASE WAS INITIATED DECEMBER 14TH, 2021. THE OWNERS IS MIDWAY ROAD PLAZA LLC OF 630 SOUTH MEADOW COVE, PORT ST. LUCIE COUNTY COVE. PERMIT REQUIRED. IPMC, 111.1.4 UNLAWFUL STRUCTURE. CORRECTIVE ACTIONS TO OBTAIN A PERMIT FOR BUSINESS CHANGE OF US. THE DPCR IS THE FIRST FOR CHANGE OF USE IN OCCUPANCY WAS SUBMITTED ON 12/15/21. A SECOND DCPR WAS SUBMITTED ON 5/15/2022, 8/30/2022, AND 10/4/2022. AND FINALLY APPROVED ON 12/29/2022. THE ELECTRICAL PLAN REVIEW WAS REJECTED ON 10/4/2022, AND APPROVED ON 12-29-2022. THE PLANNING 10/3/2022, AND APPROVED ON 12/29/2022. THE COMMERCIAL REPAIR PERMIT WAS ISSUED AN 1/6/2023. A LIST OF REQUIRED ACTIONWISE REGARD TO WORK AND PERMITS THAT MUST BE COMPLETED WITHIN 90 DAYS. THE AGREEMENT WAS SIGNED BY BENEFITER OF DOWNTOWN PIZZA, AND THE BUILDING OFFICIAL OF THE CITY OF FORT PIERCE. THE AGREEMENT EXPIRED ON 12/26/2022. THE COMMERCIAL REPAIR PERMIT, 22-22-33 INSPECTION HEARING. THE FINAL INSPECTION FILE WAS APPROVED. BUILDING STRUCTURAL FRAMING ON 1/10/2022, WAS NOT READY, MISSING REQUIRED INSPECTION, CONSTRUCTION NOT TO PLAN. NOT READY, MISSING REQUIRED INSPECTIONS, CONSTRUCTION NOT TO PLAN. ELECTRIC ROUGH IN, 2023 WAS DISAPPROVED. NOT READY, MISSING REQUIRED INSPECTIONS, CONSTRUCTION NOT. THE VIOLATORS BE GIVEN THE EXPIRATION DATE OF
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PERMIT HAVE ALL WORK INSPECTED AND APPROVED AT LEAST 180 DAYS.ONCE ALL FINAL INSPECTIONS ARE IMPROVED, A CERTIFICATE OF OCCUPATION WILL BE ISSUED. THE CITY REQUIRED THAT IF THE VIOLATORS RESUME OPERATIONS OF THE STUDENT UTILITIES MAY BE SUSPENDED TO THE PREMISES TO ENSURE THE SAFETY AND WELLBEING OF THE PUBLIC. FURTHER, THE CITY REQUESTS AN ORDER OF REVIEW AND DETERMINATION OF 111.1.4. THE VIOLATOR IS TO BE NOTIFIED IF THEY REPEAT TO CONDUCT BUSINESS OUT OF THE BUILDING IT
WILL BE A VIOLATION OF 111.1.04. >> HAS THE RESPONDENT HAD A CHANCE TO SEE THOSE DOCUMENTS AND PHOTOS?
>> >> AND MR. WYNN, DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE PROPERTY
AS IT IS OBSERVED? >> SO I WILL MAKE THOSE THE CITY'S COMPOSITE EXHIBIT ONE AND THE AGREEMENT EXHIBIT 2. AND THE CITY WILL MOVE THOSE IN AT THIS TIME.
>> THEY WILL BE ADMITTED AS SUCH.
>> ANYTHING FURTHER, MR. WYNN. >> WHO WOULD EXPLAIN GENERALLY, THE BACKGROUND ON WHAT'S GOING ON IN THIS PROPERTY IN MORE
HUMAN TERMS? >> I THINK TONY CAN EXPLAIN IT FOR BECAUSE HE'S BEEN INVOLVED WITH IT.
>> THIS PROJECT UNFORTUNATELY GOT STARTED WITHOUT PERMITS INITIALLY WORK WAS COMPLETED WITHOUT PERMITS. TODAY WE HAVE NOW ISSUED PERMIT, WHILE SOME OF THE WORK COMPLETED DID NOT MUCH THE PERMITS. THE DEPARTMENT HAS WORKED WITH MR. FITTER, HIS ARCHITECT AND CONTRACTOR. I BELIEVE THAT WE'RE IN A MUCH BETTER PLACE THAN WE WERE PREVIOUSLY. AT THIS TIME, THE RESTAURANT HAS CLOSED TO THE PUBLIC SINCE THERE'S NO PUBLIC REST ROOMS THERE. THE RESTAURANTEER UNDERSTANDS THAT THE RESTAURANT NEEDS TO REMAIN CLOSED UNTIL ALL OF THE APPROVED WORK IS DONE AND INSPECTED AND ULTIMATELY, THE CERTIFICATE OF OCCUPANCY IS ISSUED. ONCE THAT IS ISSUES, HE MAY REOPEN AS NORMAL. I BELIEVE THERE HAS BEEN WORK DONE THIS WEEK THAT WILL BE HOPEFULLY GET INSPECTED AND HOPEFULLY WE'LL BE IN A GOOD SPOT. PRIOR TO THE HEARING, SPECIAL MAGISTRATE, WE'RE LOOKING TO ESTABLISH THAT THERE IS AND WAS A VIOLATION, WE'RE NOT LOOKING TO ASSESS ANY PENALTIES TODAY, HOWEVER, IF THE RESTAURANT WERE TO REOPEN WITHOUT THE CERTIFICATE OF OCCUPANCY, OR IF THE PERMIT WERE TO EXPIRE IN SIX MONTHS ROUGHLY, WITHOUT BEING PROPERLY CLOSED OUT, AT THAT POINT, THAT'S WHEN
PENALTIES COULD BE ASSESSED. >> THANK YOU, ANY FURTHER FROM
THE CITY? >> NOT AT THIS TIME. THANK
YOU. >> AND YOUR NAME, SIR? WHO
>> AND YOUR RESPONSE TO THE ALLEGATIONS? IT LOOKS LIKE YOU HAVE DONE A LOT OF WORK. WHERE ARE YOU WITH IT?
>> WE'RE ALMOST DONE. UM, I'M JUST TIRED. SO, UM, WE'RE HOPEFULLY WE GET IT OPEN THIS WEEK, IT'S BEEN A CHALLENGING PROCESS, YOU KNOW, WE'RE EXCITED TO OPEN IN THE CITY, MY BIGGEST CONCERNS NOW IS JUST, UM, I HAVE ABOUT 20 GUYS OUT OF WORK. SO, NOW, WE JUST NEED TO HOPEFULLY, ALL ARE ON THE SAME PAGE AND WE
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CAN OPEN THE DOOR, THAT WAY WE DON'T RUN OUT OF MONEY TO ACTUALLY DO BUSINESS IN THIS CITY.>> AND HOW SOON DO YOU THINK YOU COULD GET THAT DONE?
>> WE'RE WORKING ON IT RIGHT NOW, SO, HOPEFULLY, WE COULD GO OVER THE INSPECTIONS TOMORROW OR THE NEXT DAY, AND YOU KNOW I'M CONFIDENT THAT EVERYTHING IS THE WAY THAT IT SHOULD BE. I'VE TALKED TO PAUL THOMAS, UM, HE'S ON BOARD WITH US. SO, PRETTY MUCH NOW IT'S JUST GETTING HIM OVER THERE, AND THAT'S PRETTY
>> AND, YOU WERE GOING TO SPEAK IN
>> NO, I THOUGHT YOU WERE ASKING WHO I WAS, THAT'S ALL?
>> YOU CAN STATE YOUR NAME FOR THE RECORD.
>> JEFF JEFF >> AND YOU'RE WITH? CITY OF
FORT PIERCE. >> ANYTHING FURTHER?
>> NO, MA'AM. WE DID CHANGE OUR AGENDA I HAVE IT HAND-WRITTEN, THE CHANGES THAT WE'RE REQUESTING, I CAN PROVIDE YOU THAT COPY IF WE'RE GOING TO ORDER AS WE REQUESTED, THAT WAY IT'S A BIT EASIER FOR YOU IF YOU WOULD LIKE.
>> WHY DON'T YOU READ INTO THE RECORD WHAT YOU ALL HAVE AGREED UPON OR THE CITY'S RECOMMENDATIONS AND THEN I'LL LISTEN TO THEM AND MAKE A RULING.
>> SO, THE CITY'S RECOMMENDATION IS THAT IF YOU FIND A VIOLATION OF FLORIDA BUILDING CODE 1305.11, THE VIOLATE HERB GIVEN UNTIL THE EXPIRATION DATE OF PERMIT TO CORRECT CONSTRUCTION DE DEFICIENCIES HAVE ALL WORK CORRECTED. ONCE ALL FINAL INSPECTIONS HAVE BEEN APPROVED OR A CERTIFICATE OF OCCUPANCY WILL BE ISSUED AND THE RESTAURANT MAY RESUME NORMAL OPERATIONS. FURTHER, THE CITY REQUESTS THAT IF THE VIOLATOR RESUMES OPERATION OF THE RESTAURANT THAT UTILITIES MAY BE SUSPENDED FOR THE PREMISES TO ENSURE THE SAFETY AND WELLBEING OF THE PUBLIC PURSUANT TO THE IPMC. FURTHER AN ORDER OF REVIE AND TERMATION BE FOUND IN RECORDS TO VIOLATION 111.1.4. THE VIOLATOR IS AWARE THAT IF HE'S TO REOCCUPY THE BUILDING IT WILL BE CONSIDERED A VIOLATION OF 111.1.4. AND JUST SO THAT YOU ARE AWARE, THE REPEAT VIOLATION MEANS THAT YOU COULD FACE ENHANCED PENALTIES FROM WHAT EXISTS CURRENTLY IF YOU'RE FOUND TO BE A REPEAT VIOLATOR.
>> DO YOU UNDERSTAND THAT, RIGHT?
>> YES, I UNDERSTAND. >> ANYTHING FURTHER.
>> NO, MA'AM. >> LOOKS LIKE YOU'VE DONE A LOT
OF WORK. >> WE HAVE, WE HAVE FIVE OTHER LOCATIONS AS WELL, THREE MORE IN ST. LUCIE COUNTY. AND WE'RE JUST READY TO GET OUR GUYS BACK TO WORK. AND, JUST, WE JUST WANT TO OPEN UP. THAT'S REALLY IT, WE WANT TO SELL A SLICE OF PIZZA TO THE CITY. WE'VE BEEN SELLING IT FOR THE LAST FEW MONTHS WITH NO ISSUES, NOW, WE JUST WANT TO CONTINUE TO DO
THAT. >> OKAY. AND LET ME ASK YOU THIS, HOW CLOSE ARE YOU TO HAVING ALL OF THOSE CONDITIONS
PLIED WITH? >> THEY'RE GETTING IN THERE TODAY, AGAIN. THEY SHOULD BE DOING IT, I'M PRETTY CONFIDENT THAT EITHER GAY BY TOMORROW WE SHOULD BE ABLE TO CALL FOR INSPECTION, IF NOT THE NEXT DAY AND THEN REALLY RUN ALL FINALS.
BECAUSE, WE'RE EXACTLY WHERE WE NEED TO BE. EVERYTHING'S PERFECT, WE HAVEN'T HAD ISSUES AT ALL OTHER THAN WHAT YOU GUYS OR THE CITY ASKED ME DO IN WHICH WE DID AND IT'S PRAT MUCH JUST FINISHING IT NOW, AS LONG AS TH CITY PLAYS NICE, WE'LL BE READY
TO OPEN THIS WEEK. >> THEY WILL BE NICE.
>> THANK YOU, APPRECIATE IT. >> ANYTHING FURTHER FROM EITHER
>> THEN, I'M GOING TO DOCK THE RECOMMENDATIONS THAT YOU MADE PURSUANT TO WHAT'S IN FRONT OF ME. AND, HOW MUCH TIME DO YOU
WANT TO GIVE HIM? >> SO, THERE WOULDN'T BE A TIME ON THIS ONE, HE WOULD JUST HAVE TO COMPLY WITH THE PERMIT OR THE FINE OF $250 PER DAY WOULD BE ASSESSED AND THEN IT WOULD BE JUST A REVIEW AND DETERMINATION AS TO IPMC 111.1.4 SO THERE'LL
BE NO FINE ON THAT ONE. >> ALL RIGHT, ANYTHING FURTHER?
>> NO, MA'AM. >> ALL RIGHT. I'LL ADOPT THE RECOMMENDATIONS MADE BY THE CITY. THE WORK INSPECTED AND
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APPROVED AT LEAST 180 DAYS UNTIL THE PERMIT IS CLOSED OR A FINE OF $250 PER DAY BE ASSESSED. OF COURSE, YOU SAID YOU HAVE SEVERAL OTHER LOCATIONS, ONCE YOU GET ALL OF THIS DONE, THEN, YOU WILL GET YOUR CERTIFICATE OF OCCUPANCY.>> YES, MA'AM. THANK YOU. >> ALL RIGHT. ANYTHING FURTHER, DO I NEED TO ADD ANYTHING?
>> NO, MA'AM, I APPRECIATE YOUR TIME.
>> THANK YOU FOR COMING AND GOOD LUCK TO YOU.
>> THANK YOU SO MUCH. >> ANYTHING FURTHER?
>> ALL RIGHT. IS IT >> THAT WAS THE ONLY CASE,
SPECIAL MAGISTRATE. . >> YES, MA'AM.
>> I DON'T THINK WE NEED -- DO WE NEED TO READ THE NOTICE IN
SINCE HE WAS HERE? >> OH, I MEAN I GUESS IT DOESN'T HURT TO READ IT, BUT, THERE WAS NOBODY NOT HERE.
>> EVERYBODY WAS EAR. HE DID RETURN THE CERTIFIED MAILING
>> SO, WE NOTIFIED AND RETURNED CERTIFIED MAIL RETURNED AND
REQUESTED AND WE RECEIVED IT. >> I THINK THAT'S ENOUGH, UNLESS, SPECIAL MAGISTRATE YOU WANT HER TO READ THE WHOLE
PARAGRAPH. >> NO. THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.