test, test, test, test, test, test, test >> good morning today t is wednesday may 15, 2013 this is a meeting of the abatement appeal board. the first item on the agenda is roll call (calling names) we have a quorum and the next item is b 0. please people given testimony

today stand raise our right hand. item c approval of minutes. discussion and possible action to adopt the minutes on april 2013 is there a motion to approve >> motion to approve the minutes. >> there's a motion and a second. my public comments? any opposes. so the minutes are passed. so for the next item we have a request to have an item heard out of order on the agenda. so we requested that thought president and he granted the

permission to hear item number 3. first is case no. 6776. 757 north point street. of the department let the department speak. >> good morning members of the board chief housing inspector. it particular item was continued from last month are direction by the board to the property owner with some requests to the adjacent property owner the appellant and i don't have anything new to add only a couple of things.

first to provide you with up dated information we requested the adjacent property owner to give us access to the property for the purpose of taking photos to show you the populate. unfortunately, the owner was not willing to facilitate that action. also you had certain requests of the property owner i believe a etch of the adjacent property own has asked you guess for a copy of the krarths certification that was given to me that i made some comments about and it was for the purposes of answering questions by the this body that item was discussed and those questions

were swrnd. i gave that document back to the property owners representative. we now have after asking for that information they gave us copies to the certification. we just got that and have given the copy to the adjacent property owner. we could not produce it earlier because it has not been entered into our record. but we didn't have it in our record. i didn't have the opportunity to make a copy but those are the new items and the other item is the property owner has repeatedly asked us about the

process of remediation. any contractor doing the work with the notice of violation must comply with state and epa regulations. elbows if they're dealing are over 6 thousand feet they may need remediation contract. but we've been tempted to clarify that and i'm clarifying it again through this process. i don't have anything else to add i think you need to hear in the appellant and the adjacent property owner. >> i just want to remind everybody that the department

has 7 minutes and the appellant has 7 minutes and then rebuttals. >> good morning, ladies and gentlemen. david may appearing on behalf of the property owner who's subject to the notice of violation. the department is a little bit behind the curb here. what happened after the last hearing the contractor that the doctor wanted to use went out and spent 20 minutes to a half hour speaking with the lady to mitigate her concerns. he was unsuccessful so we

decided to use the contractor that the neighborhood wanted to use. he contacted them and received something that was called an estimate but it wasn't simply a statement which was not sufficient. i called the agency there mr. bush who would send out on estimate for the job. and specifically i don't want to get catch up her in words but the notice of violations. without using that language in a technical sense with respect to lead inc.

so we're still waiting for an estimate from the reconstruction. i can show you if you want documentation backing up what i'm telling you. i have - we talked about the lead base paint that's undertaking from her property. he did not stated they tried to get on the property but weren't allowed to and we have photographs. i can show you those now but i don't know if that's productive. if we can put t this over to the next hearing we can get the contractor who wants to do the work i don't think there's any problem with that.

she feels that contractor has all the appropriate certifications and we're simply going to accommodate her and use the person she wants to do the work provided the estimate is a reasonable estimate. but if it's a reasonable estimate we'll use that. i would request we expedite this hearing and i request we expedite this hearing i have to be in court at 9:30. thank you >> thank you does the did not have anything else to say.

>> i would like to know the amount of time necessary to do the work. >> i don't know we're still waiting for the estimate from the contractor. this is not a big narng. the biggest deal is to get the property owner on board and get her to cooperate getting this done >> that said it doesn't appear to be - anything else. >> at this point, i don't think we need to get into detail but

all we need to do is put the matter over until next hearing. >> any public comment? why not for the records give us a copy of the records >> sure that will be fine. >> public comment? public comment? >> okay. just for the record shall we. >> shall we show the overhead? >> this is for the - this is just first page of a e-mail from

phillip lubben which describes his conversation with ms. sank and attached his documents. this was the document that he was speaking about we can put that into the record >> thank you. let me see this, please >> it's a - this is the photograph of ms. you can see

will the peeling paint. this was a building this was built prior to the ordinances cut off date there's a presumption that the paint it led passed >> will we be able to keep those? >> no. you, keep these. this is a record of the complaint that the inspector cleared one day after the complaint was made this had to be with the front but the inspector has not sited her for the led based paint they've only

cited my client. and as we've just seen at least some of those chips are coming from her building not just my clients building it's not clear why the cite is begins my clients and not against her. but again i don't think we need to go into those issues. we need to get this matter fixed and put it behind us >> thank you any public comment?

>> give me a moment. >> good morning commissioners. i reside on the ladies property >> what's our name? >> joseph. he admitted he hired a to peel paint from his wall and he

intentionally created a haza hazardous situation in her yard. i want to show photos. here's inbeggars letter he hired the - he had the paint falling on her property. this is ms. wall and not on here he intentionally dumped those on hers >> here's the - the worker scraping the wall you can see

him scraping the paint. and here it is after he did a terrible job and it had to be redone again. here's the law here's the website the state required for the touching work i do if you plan to do any work designed to reduce led based paint on public buildings you're required to be a led certified worker. here we had the - we had the paint tested and they issued a

report that the paint contained large elements of led. here the paint chips and yard of 769. i respect for this board to uphold the appeal and not let this go on over 10 months. they tried to hire you people that a that are not licensed. >> thank you. >> next speaker >> good morning. i'm ellen.

first of all, rubbi he talked t outside and he said the inspector came to my property already and took 32 photos on may 10th they said they want to come right now and i wasn't even all i auto home. i said what is the reason you want more photos you have 32. he refused to respond to my e-mails. i can't, i can't understand the reason. after they scraped the paint. that's - by the way, that was

long, long time we already paint this twice for all those years. this is the current condition of my wall. you see any paint there? 0 that's just untrue. since the condition they ordered paint i have so many inspectors coming and each one

i connect them and he says i can't use them. we have a contacted the company has a detailed estimate two pages wrong. i also trust the representative he will address it to you. the detail of the estimate one by one a few pages it's not to save $65 per hour. they say it's too expensive. >> i understood from the appellant that the company was one that was essential to you is that not the case? that you it was acceptable but we contacted other company -

>> i just wanted clarity. >> did you change our mind? we contacted some other company and >> i want to get to, you know, it seems like your neighbor is in the process of getting an estimate who are experts on led paint radiation so if that is already in process then they will get an estimate it make sense to wait until they come out and give you details will have you already changed our mind? >> so one month now. they disobeyed our orders. i cannot trust i don't want to

get into details $65 per hour. we know they're not going to give me anything. i contacted other companies and they give us a detail already. i don't want to play games and it is 10 months now - and but the suggestion about patrick did it not could you be to you? >> they said why didn't you use us and she saw i'm not going to give you you any more detail. with that i thought you come back and give us the details to

do the work - >> i'm sorry what kind of details do you want is it the wall? their experts in led mediation it will take $65 an hour that is reasonable could so what are you looking for it's actually your neighbor that's hiring them. so it should be for your neighbor that is actually doing the hiring >> well - commissioner you know that last time he say all those things he asked us to do the paint. we can prolong another - he said he would do the - now i don't

know what he contact the i contacted them too okay. i want to have a detail ready to do the work - i it's no way they know they have no details >> so if they give you a tallied scope of work and can provide it to you and give us a timeline will be acceptable to you? >> i want the timeframe and i wanted to see the contract before i allowed them because - >> so on the record if they provided to you a detailed scope of work and the timeline you will allow access to the

property. >> but those details have to be approved by the me first. this has gone on promise after promise you don't think they disobey your order >> just to be clear you're saying detail scope of work when you say detail. >> how many types of material i don't know the names of plastics and it's wrong to say 1 or 2 days they say 6 or 7 days that's easy they have to seal the

>> can you hear with you said before? it seems that we should be able

to solve the problem of who's going to do the work. the other thing is the qualifications of the company or person that is going to do the work and one of the big issues previously that was raised was whether or not states certification of the company doing the work is required. we believe it's a state law that requires it so if we had licensed, experienced people submitting a detailed scope of work there would be no reason that the property owner who wouldn't want that work to be done as quickly as possible.

thank you very much >> thank you. >> just waiting for the clock. i'm ray. i've known the lady for a number of years and i think you know this is a contentious issue you have a notice of the violation and this has gone on and a lot of the allegations and charges. i was a left hand insurance broker in the state of hawaii and i taught the insurance. and basically