Remarks by Chris Robertson
791 remarks on the record, newest first · Page 29 of 32
“So when somebody is given that by the chief billing official and they submit an appeal or try to appeal within the 20 days and then a hearing is not held, why? And then... has to go through a process and then the city lie in federal court and say, no, no, they had to do it within 15 days. We would have given them the appeal, they just did it too late. Well, do you realize when I got that, this letter from Deb Clark, the email, was day 18. Well, that's past the 15 days. So inadvertently, I had already missed out because I was given 20 days.”
“No, that never came out. We never got to that step because the city lied and the judge just said, well, he just took the city side. City never provide their code. We never got to the evidentiary hearing.”
“No, the law firm that defended you guys.”
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“I agree. They had problems. But you can't hit people with code that doesn't exist. Okay? You can't hit people with code that doesn't exist. And when you do, you have to give them, if you're telling them they got 20 days, and that's what the actual code says. We'll go back to that if you want to say that. The 2009, I'm not done yet, Dan. The 2009 says 20 days. The 2015, but you guys were using the 2009. It says 20 days. So that process that Doug followed was actually right. It's 20 days.”
“In the Munich code. So you don't believe that when we adopt code right here where it says they have 20 days, the means of appeal for the IPMC, that they don't actually get 20 days.”
“But you did not adjust this. You adopted in its entirety. There were only five items. That's where you adopted.”
“But you also adopted this. Hold on. This is the 2009. This is the code. This 15 never existed. You guys still said you had the... Means of appeal, any person directly affected by a decision of the code official, we'll say it's him, or notice or order issued under this code shall have the right to appeal to appeals. Provide the application is filed within 20 days after the day of the decision, notice or order was served. An application for appeal shall be based on a claim that the intent of the code, the rules legally adopted, but it has to be on a form provided by the chief billing official.…”
“Okay, so how does somebody file an appeal if the form doesn't exist until now? How come the form was just now created and I've got emails saying I'm trying to file an appeal to the chief billing official? And I said, because you didn't provide me with this form. Made it impossible, impossible for anybody to have a right to due process here. And that's what I'm afraid with this, because if, if you're now, if we're now saying no, no, it's 15 days, I gotta tell you, I don't agree with you. And, and I get, you know, you're an attorney and, and, and, and I think you're a smart man, but, but when…”
“And that's why I don't feel comfortable with this. There's more information that needs to be had.”
“So there's no 20 days. There is no code. We do not have code that allows these folks 20 days. No, I'm asking the city attorney, please. Right now, currently, when this was adopted, which nothing should have changed since that, 2023, you guys adopted the 2021 code, but left out the B101, so the days should have stayed 20. Had you adopted the B101, it would still be 20, I think.”
“That's from 1994. This is 2009, but it's been the moment you adopt new dates timelines. Well, we adopt, we just, we change language in code all the time here. And I expect whether it's a, if it said 15 days and we doubt the language that when they get to appeal that language and it says 20 days now, It's my understanding that's the amount of days now, because the ordinance actually says, if you look at the bottom of all our ordinances, it says that, um, um, all, all things in, uh, in, um, you know, contrary to it or several are repealed basically that language. So it's 20 days. It's not 15.…”
“I really believe so. Absolutely. And with that, I'll let council member and go ahead and say something.”
“Motion to continue, uh, item two, we have a motion to continue item two, uh, from council member urban.”
“And it's not personal, but I believe it's going to warrant a special workshop that we're going to have here very shortly. We have a second from Council Member Fletcher. Will the clerk please call the roll?”
“Next up we have a city manager, sorry, city attorney.”
“all right that's all i have so we've closed on it and city manager so we've got everybody looking at it to get plans done and um public works director is already trying to contact contract with ct shoe regarding uh well the architect ct shoe is that how it's pronounced i don't know hsu is that okay Um, we had a planner, her name was Shua, but it was S it was actually spelled out that way. Right. Okay. All right. Yeah. And, and when is the anticipated, have we looked at what it would, how long it would take Kevin, give a little insight. Can we have it done by new years?”
“I think it's a wonderful building. I think, um, it dang sure beats building one, that parking lot. And then we get to kind of keep that for, um, for our downtown.”
Not quoted here: it may name a member of the public. Hear it at the meeting.
“Todd's got the money. Kevin, we gotta pay for it? Okay.”
“It's like asking an electrician to come and finish up a job. Same thing, exactly.”
“I look forward to that. I really think that will be a shot in the arm here. and another tool in the toolbox.”
“I mean, I'm not opposed to you asking Donna for an extension on the inspection and that we can fine-tune the numbers or try and get a concession on the price. So what are y'all's thoughts on that? Ken? Oh, sorry. I was actually asking you because I knew you hit your light.”
“That's why I think we need to try and renegotiate that price down, but call first thing in the morning. I mean, have we talked to her and tried to ask for more due diligence time since? No, based on... Because you didn't need us for that. I mean, like, we could have extended that.”
“Right, but due diligence time is free. I mean, we probably should have done that already. But, yeah, ask, see if you can get her to get the owner. I think he's pretty quick to respond to her. Council Member Fletcher.”