HomeMy WebLinkAbout2000 04 24 Regular C Satisfaction of Code Enforcement Lien
COMMISSION AGENDA
ITEM C
Consent
Informational
Pu blic Hearing
Regular X
April24~ 2000
Meeting
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Mgr. / )LDept.
Authorization
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission consider the request of Mr. Walt Dittmer for satisfaction of
the Code Enforcement lien against his property.
PURPOSE:
The purpose of this agenda item is to request the Commission consid~r the request of Mr. Walt
Dittmer for satisfaction of a Code Enforcement lien against his property.
APPLICABLE LAW AND PUBLIC POLICY:
Under Florida Statutes Chapter 162, Code Enforcement Board fines shall become liens on the
property on which the violation exists. Under this statute, the lien must run in favor of the local
governing body and therefore may only be reduced or satisfied by them.
CONSIDERATIONS:
On April 20, 1999 the Code Enforcement Board ordered that Mr. Dittmer mow and regularly
maintain 35' from the property line. A letter was sent to the chairman of the Code Enforcement
Board by Mr. Dittmer advising her that the area was mowed on May 15 and 16, 1999. Inspection
of the area revealed that although some of the property was mowed, the Order of the Board was
not complied with in regard to the 35' buffer. Mr. Dittmer was notified of this discrepancy.
This Division further instructed Mr. Dittmer on August 4, 1999 that compliance had still not
been achieved, that the fine had become a lien against the property, and the procedures for
correcting the situation. The letter stressed that when the property was brought into compliance
APRIL 24, 2000
REGULAR AGENDA ITEM C
Page 2
an inspection must be requested in order to halt the fine from accruing. Mr. Dittmer replied on
August 6, 1999 saying that his contractor only cut 90% of the area and that the area would be
maintained. No further correspondence was received from Mr. Dittmer until the case was
rescheduled for the Code Enforcement Board on March 21, 2000 to request a recommendation
for foreclosure or recommendation for reduction /satisfaction of lien.
The matter was brought before the Code Enforcement Board on March 21, 2000. The Code
Enforcement Board could not make a decision for a recommendation to the City Commission as
to amount of reduction, but did suggest that Mr. Dittmer ask the City Commission to reduce or
satisfy the lien.
STAFF RECOMMENDATION:
Staff recommends that the City Commission reduce the lien to an amount that reflects the cost of
prosecuting the case, recording the lien and a fine of$l,OOO.OO, for a total of$1,050.00.
ATTACHMENTS:
A. Section 13-1, City Code
B. Order of the Code Enforcement Board, April 26, 1999
C. Letter to chairman from Mr. Dittmer, May 25, 1999
D. Letter to Mr. Dittmer from Code Enforcement Division, August 4, 1999
E. Letter to Code Enforcement Division from Mr. Dittmer, August 6, 1999
COMMISSION ACTION:
ATTACHMENT A
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lillTlCLE 1. IN GENERAL
Sec. 13-1. ~neral prohibition.
Nothing may be done on any lot which may
become an annoyance or nuisance to the neigh-
borhood. No refuse pile or unsightly objects shall
be allowed to be plated or suffered to remain
. thereon. In the event,the owner shall fail or refuse
to keep premises free of refuse piles or other un-
sightly objects or growths, then the city commis.
sian may enter upon such land and remove the
same at the expense of the owner and such entry
shal~ not be deemed a trespass.
(Ord. 'No. 44, ~ 44.76, 1-8-68)
Sec. 13-2. Littering.
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(a). It shall be unlawful for any person to place
or throw, or cause to be placed or thrown, any
paper, bottles or pieces thereot, tin cans, gcubage,
glassware, refuse, debris or any other offensive,
unwholesome or unsightly matter whatever in or
on any street, road, sidewalk, alley. playground,
vacant property or any other p\lblic grounds, or
in or on the bank of any canal, stream, lake,
watercourse or pool within the city.
(b) It shall be unlawi"ul for any person to cause
or permit junk, scrap metal, scrap lumber, waste-
paper products, discarded building materials, or
any \mused abandoned.:vehic1e, or abandoned parts,
machinery or machinery parts, garbage, trash or
other waste materials to be in or upon any yard,
garden, lawn, outbuildings or premises owned,
rented. leased or otherwise occupied by him in
the city unless in connection with a business en-
terprise lawfully sil:wl.teO. and licensed for the same.
, (c) The existence of excessive accumulation or
untended growth of weeds, undergrowth or other
dead, or living plant life; or stagnant water, and
all other objectionable, unsightly or unsanitary
matter upon any lot, tract or parcel of land within
this city be it uncovered or under open shelter, to
the extent and in the manner that such lot, tract
or parcel of land is or may threaten, or endanger
the public health, safety. or welfare, or may rea-
sonably cause disease, is hereby prohibited and
declared to be a public nuisance and unlawful.
(dl It sh311 be the duty of the owner of each lot,
Lead, or parcel of land within the city to reason.
S'JI' p, t.;,), ~
1-10,0680
lJ-26
2bly regulate and effectively control exces~ive
gro'mhs 2nd accumulations, as enumerated in sub-
section (c) on the property. '
It shall also be the duty of the ovmer to drain
, regrade or fill any lot, tract, or parcel, including.
swimming pools thereon. which shall be dangerous
or unsanitary, have stagnant water thereon, or be
in such other condition as to be susceptible to pro-
ducing disease o'r danger to the public.
(Code 1974, 9 7-1: Ord. No. 464, 9 I, 2-12-90)
Sec. 13-3. Duty of owners of buildings to keep
surrounding property clean; notice;
fallure to comply with notice.
(a) All land w,ithin a three-hundred-foot radius
of any dwelling or 'other building. within the city
shall be kept in a clean and trim condition by the
owner of the property.
(b) If the owner of any property fails to comply
with the conditions of this. section, he shall be
notified by the city of the violation and be al-
lowed fifteen (15) days to comply.
(c) If. after the fifteen-day period provided for
in subsection (b), the owner has not cleaned the
property in accorlhnce with this section, the city
shall have the right and authority to enter upon
the property in question, clear the land according
to the requirements of this section and charge the
owner for the cost thereof.
(Code 1974, ~ 7-2)
Sees. 134-13.25. Reserved.
ARTICLE II. NOISE
Sec. 13-26. Prohibited generally.
It shall be unlawful for any person to make.
create, or maintain any unreasonably loud. dis.
turbing, and unnecessary noise within the city.
Noise of such character, iutensity, or duration as
to be detrimental to the life, health, comfort, or
repose of any individual is prohibited.
(Code 1974. ~ 9.1~(a))
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ATTACHMENT B
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
ORDER OF THE CODE ENFORCEMENT BOARD
CASE NUMBER: 99-290
CERTIFIED: Z 515034066
OWNER:
Walt Dittmer
Undeveloped Area off Shepard Road
Winter Springs, Florida 32708
The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on April 20, 1999 in
the matter of Walt Dittmer to determine whether he is in violation of Section 13-2. [Overgrowth] of the
Code of the City of Winter Springs, Florida, Upon hearing all evidence on the matter, the Board arrived at
the following:
(AMENDED) FINDING OF FACT:
[n the case of Code Enforcement Board Number 99-290 of the City of Winter Springs, the Code
Enforcement Board has read the complaint filed and the written information prepared by the Code
Inspector, and heard at this meeting, the sworn testimony of the Code Inspector, and other parties involved
in this case. Based upon these proceedings, [ move that Mr. Walt Dittmer and his (Undeveloped Area
off Shepard Road), is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter
Springs, and that an appropriate relief order be issued at this meeting.
Walt Dittmer is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter Springs,
(AMENDED) RELIEF ORDER - ORDER OF THE BOARD:
[n the case of Code Enforcement Board Number 99-290 of the City of Winter Springs, Mr. Walt Dittmer
having been found ~o be in violation of Section 13-2. [Overgrowth] of the Code of this City, I move that
Mr. Walt Dittmer be given fourteen (14) days, after notification, to come into compliance by mowing a
thirty-five (35) foot buffe.- zone, from the property line, in rega.-d to this violation. If compliance is not
achieved by this date, a fine of $100.00 per day (minimum) will be imposed until compliance is achieved,
as verified by an officer of the City. Furthermore, any and all future reoccurrence of this violation after
compliance has been achieved, will immediately cause the stated fine to be imposed, until compliance is
again achieved, as verified by an officer of the City,
Now then, the Code Enforcement Board of the City of Winter Springs, Florida, instructs all enforcement
proccdures to be institutcd to accomplish this Ordcr.
,.; .
This (/\ &.l day of April, 1999.
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/lJoanllc Krebs, Chairpcrson
c:/' Codc Enforcemcnt l10ard '
City of Winter Springs
1)( )( :S/h"a,.ds/c, "ken ro/a II IIn:1 icl<Ir/04 20'!')/'!') -l')(),dnc
ATTACHMENT C
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M!?J.oa~ne.Kre~s. "
CqdeEn~orcet1'!~,nt Board
. City of Wi riter Springs
, 112E),Ea~~Sta~e Road.434 '
, . ,Winter. Spring.s, FL 32708
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RE: CaseNumber99':290
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Dear Ms. Krebs:
, .
Fleasebe advised that on the weekend of May 15 and 16, ourprC?perty wa~""
br?~ght i~dompliancewiththe orderto mow'a thirty~fivefoot buffer zone"
from the property line.
, Verytrulyyours,
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Mr. WaltDittmer
, President
1006 Shepard Road
407-699-1755
FAX 407-695-4430
Winter Springs, FL 32708
dittmer@ditt-deck.com
ATTACHMENT D
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST ST ATE ROAD 434
WINTER SPRINGS. FLORIDA 3270a~279g
TslsphofHl (407) 327-1800
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Fl'lX (407)327.6696
August 4, 1999
Walt Dlllmer
1006 Shopard Road
Winter Springs, Fl. 32108
Dear Mr. Dltuner,
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InspeClions of your property that borders Ule Wildwood Subdivision along Shopard Road reveal Umllhe
Order of the Code Enforcement Board of April 20, 1999 hns not been satisfied. As YOll know, the Board
directed you to mow R 35 feel buffer zone. A lien has been placed on the property Rnd continues to
increase al a rate of Sloo.00 R day until the area is mowed and this office nOlified.
I do not have the authority to release this lien, as the lien run8 in favor of the local governing body. (In this
case, the Oly Commission). Appeols to the Board's decision are made to the Circuit Court of Appellls, but
must be made within 30 days of the hearing.
Please contact this office to armnge for nn inspection when the work is completed so that we can stop Ihe
fine from accruing further. '
Sin~
11melte Cook,
Code Enforcement Manager
RECEIVED AUG
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r'IAP-15-,'2088 1.'2: .n
3'3>:
5 1999
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ATTACHMENT E
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\::7 ARCHITECTURAL
ALUMINUM
August 06, 1999
C. Jimette Cook
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
RE: Case CEB-99-290, Undeveloped area off Shepard Road
Dear Ms. Cook:
In receipt of your letter dated August 4, 1999, allow me to reconstruct:
You and I met at 1 :30 P.M. April 14, 1999; and agreed on cutting a swath of30' to 35'
from the rear ofthe Wildwood homes approximately four times a year.
I directed Scott Hoekstra, who has been cutting my grass here at my business for
approximately five years to cut the swath. On or about May 15, 1999, he cut, but not to
the extent we wanted.
I redirected him via a fax dated June 11, 1999 to cut and he did cut on June 27th. I
checked it out the following week and found it to be just fme. Ifhe did not cut the entire
berm - he cut 90% of It. He did not cut down into the water for obvious reasons.
Jirnette, I am sorry for any concern I may have caused any of you; but I do resent the
threats of fmes and liens on my property.
Please relax knowing we intend to cut this swath approximately every two months.
Very truly yours,
~~.
Walt Dittmer, Jr.
WDJR/zag
Enclosure:
Plot plan dated August 06, 1999
Fax to Scott Hoekstra dated June II, 1999 (695.3041)
1006 SHEPARD I<OAD
\NIN1II< srr21NGS, FlORIDA J?70(3-2018
r>I-IOI\JI": 110/.69<) 1/55 . 1/1)( I]O/69S,I1L130
TOil 100121'+ nOOJ\22 1755
WVv'W,dill-deck,com
diltmer@dill-deckcom
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Dittmer Properties, Inc.
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, Ms.:C.Jimette CO'ok, Code Inspector,
"City of vvinJerSprings, FL ".
',' .1-126 ~ast ~t.ate Road 434 '
Winter Springs, FL : 32708-2799
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.' RE: Case Number CEB~99-290
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At'a.City COffirr'ission meeting held on April.10,'20000~r:.ccise'w9s scheduled to
,beh~,ard. Howeve~"when our case hqd noJ peEmhearo: bY,the.eleven'.o'c1ock '
break" vie asked'the city manager, Mr. ~on M~Le,mote~ to r.escheduleus for' the
next commission meeting to, be held on April24,:2000"'Wehci~e a copy' of the, .'
, document~hich was prepared by your departrnentJ9r this m,eeti,ng: '~eC;9us,e
of, th~ items, set forth below, we are resp,ectfl,Jlly 'r~questing that you, reconsider
your recornmendation for q fine of $1 ,000 to satisfy' th~IIEm thClt 'exists on our' '
.' p~operty.; ,we.' have repeatedly tried to bring and keep this grass mowing into
'cornPlIanc~. We apparently had some misunderstandings early on, but we think
, we now understand ~hat is required and intend to do 'this in the future.
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" ' Upon.reviewirig our file, it appears we didnbtreceive a copy ,of the June 28, ,
, .~ 1999 ORDER IMpOSING PENALTY /UEN until March ,9, 2000. We received it withd"
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'.'Notice pt'Heaiing for March2l, 2000-t.o "recommend for.eclos0re,.on:code, ,'..'
,enforcement lien f1! :.What 'a shock: )t appear~ that Yv'e. did 'receive your August' 4 " .
letter which referred ,~o a lien; which we' ons.wered on Augu?l6,: i!lc9irectly " '., ,',
a~~umi~g that' this wO'uld take care of the m.atter:. ' , .' '..' .',',' ". ,'.' -,
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It oppea'rs that 'on' March 2, 1999. Walt call~d Vivian atthe city, nail and t91d her '.
we had cut the grass after we were notified oUhe violation. o.n April 6, 1999,
we -received a Notice.of Code Violation statir)g tha.t an inspection of March 29
noted the same violations. On April 9; Walt calle~ you and arran.ged a meeting
on the property for'ApriI14. At that,meetingw~agreed to ~ut the area as you,
':requested., On April 20, we faxed a ~op'f'of,a plot pla~ tOo~r'lawn carepeopl~,
. 'to.mow t~e area as we had'agreed. On April2Q; t~ere.'was 6rd~r issued by the
Code',Enforcement Board that states that ~'Mf:,Walt DittrY1er. b~ given'fburteen'_,
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, (14) days. after notification, to <:ome into compliance by mowiD9 a thirty-fiv.e "
(35) foot buffer zone'~ dated April 26. 1999. which we received in ourbffice:b~ .'
May 3. 1999.- We assumed the 14 days would. be up on May 17. On May 15: ~
Scott Hoekstra 'cut. the berm. Or) May 25; we sent a letter to Ms. 'Joanne Krebs 0(: "
theC~de Entorcement Board informirlgher that this had beenacco~'plish~d.", '
On revi~wing the ORDER IMPOSING PENALTY (LIEN which_w'e re'ceived Mar~h9, it
appears, that several (jates are incorrect. The first line stcites:this c6us~ ca~. '
,before the Code Enforcement Board on'April1,9,1999, but theORDE'R,OF THE"
CODE ENFORCEMENT BOARD states thehearing was Ory'Apri(20: .1'999, The' . '
ORDER:IMPOSING LIEN ,states that an Affidavit of Non-Complfa'nce b~~ring the'
ddte of May 5,1999 had been filed with the Board. Accordin~itoJhe dates i!l' ,
the. ORDER, OF THE CODE ENFORCEMENT, we had until May'17 to'brih~, our: ': "
property into. compliance', In the next parograph, it states that Respongent-did I,
not comply with Order dated May 4, 19'99. What order was that? ,.,
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Meanwhile,the.area in questi<)n was mowed again in June'af'Jd October, 1,999.,
, Also the entire area in qwestiori is uilc;:ler a Floridq Power easement. Florida" ~
Power cleared the entire area a couple of months ago:'lt is our intention to '
keep this mea mowed 3 to 4 times per year.
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We sincereiy'.oppreciqte any efforts you can make on our behalf. to reduce 9r ,
'vyaive any fine in this case. Please acknowledge that we are on the agenda for' . .', :.
the April 24'meeting and"fax us a copy of YQur recommendations wh.en they are " , '": ,"::~' ,...' . ,',
.preparec;L Th;ar')k you. . ,_ ' ".., . " ".' .,:' c.
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;, :V eryfruly yo~rs: " . ,
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Martha Dittmer
. Office Manager
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Dittmer Properties,. Inc.
April 24, 2000
~CQ)[JJ)W
City Commissioner
City ,of Winter Springs, FL
1126 East State Road 434
Winter Springs, FL 32708-2799
RECEIVED
APR 2 4 2000.
RE: Case Number CEB-99-290
, City Commission Special Meeting April 24" ~ooo
CIIY OF VII
OFFICE OF ~~TEECRSPR'NGS '
ITy CLERK
Dear Commissioner:
We are on the agenda for this meeting to request a satisfaction of the ,lien which
has been placed on our 50 acres of, undeveloped property on Shepard Road by
the Code Enforcement Board. Because of the items set forth below, we ,are
respectfully, requesting that you impose no fine and file a satisfaction of lien as
,requested. We have repeatedly tried to bring and keep this grass mowing into
compliance. We apparently had some misunderstanding with Jimette Cook, th.e
code inspector, about the actual area to be mowed, but we feel, this has been
resolved.
Upon reviewing, our file, 'it appears we did not receive a copy of the June 28,
1999 ORDER 'IMPOSING PENAllY/LIEN until 'March 9~ 2000.Werec~iveditwith'
a Notice of Hearing by the Code Enforcement Board, for March 21, 2000 to
"recommend foreclosure on code enforcement' liennl' What a shock. It appears
that we did receive Jimette Cook's letter of, August 4 which referred to a lien,
which we answered on August 6, incorrectly assuming that this would take care of
the matter. '
To reconstruct: on March 2, 1999, I called Vivian at the city hall, and told her we
had cut the grass after we were notified of the violation. 'On April, 6, 1999, V{e
received a Notice of Code Violation stating that an inspection of March 29 'noted
the same violations. On April 9, I called Jimette and arranged a meeting on the
property for April 14. At that meeting we agreed to cut the area' as she .
requested. On April 20, we faxed a copy of a plot plan to our lawn' care people
, '
1006 Shepard Road
4-07 -699-17 55
FAX 407-695-4430
Winter Springs, FL 32708
dittmer@ditt-deck.com
~
Dittmer Properties, Inc.
to mow the area as we had agreed. On April 20, there was an order issued by
the Code Enforcement Board that states that "Mr. Walt Dittmer be given. fourteen
(14) days, after notification, to come into compliance by mowing a thirty-five (35)
foot buffer zone" dated April 26, 1999, which we received in our office on May
3, 1999.. We assumed the 14 days would be up em May 17. On May 15, Scott
. Hoekstra cut the berm. On May 25, we sent a.letter to Ms. Joanne Krebs of the
Code Enforcement BoOrd informing her that this had been accomplished.
On reviewing the ORDER IMPOSING PENAlTY/LIEN which we received March 9, it
appears .that several dates are incorrect. The first line states this cause came
before the Code Enforcement Board on April 19, 1999, but the ORDER OF THE.
CODE ENFORCEMENT BOARD. states the hearing was on April 20, 1999. The
ORDER IMPOSING PENALTY /LlEN states that an Affidavit of Non-Compliance
bearing the date of May 5, 1999 had. .been filed with the Board. According to the
dates in the ORDER OF THE CODE ENFORCEMENT BOARD, we had until May 17
to bring our property into compliance.. In the next paragraph, it states that
Respondent did not comply with Order dated May 4, 1999. What order was thcit?
Meanwhile, the area in question was mowed again in June and October, 1999. .
Also the entire area in question. is under a Florida Power easement. Florida Power
cleared the entire area a couple of months .ago. It. is our intention to keep this
area mowed 3 to 4 times per year.
Please vote to file d. satisroction of .Iien on our property with NO fine imposed.
Thanks for your consideration. .
Very truly yours,
A~
Walt Dittmer, Jr.
President
1006 Shepard Road
4-07-699-1755
FAX 4-07-695-4430
Winter Springs, FL 32708
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CODE ENFORCEMENT BOARD OF THE
CITY OF WINTER SPRINGS, FLORIDA
----)City of 'Winter Springs
- Petitioner,
Complaint No. CEB-99-290
Y. Dittmer Properties, Inc.
1006 Shepard Road
Winter Springs, FL 32708
Respondent.
ORDER IMPOSING PENALTYfLIEN
THIS CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on
April 19, 1999, after due notice to Respondent, at which the Board heard testimony under oath, rece~d
evidence, and issued its Finding of Fact and Conclusions of Law and thereupon issued oral Order w~h
was reduced to writing and furnished to Respondent. N
Said Order required Respondent to take certain corrective action by a certain time, as more 0\
specifically set forth in that Order.. \.D
An Affidavit of Non-Compliance, bearing the date of May 5, 1999 has been ftled with the Boar~y
the Code Enforcement Manager, which Affidavit certifies under oath that the required corrective action
was not taken as ordered.
Accordingly, it having been brought to the Board's attention that Respondent did not comply with
Order dated May 4, 1999, it is hereby:
ORDERED THAT RESPONDENT PAY to the City of Winter Springs a fine in the amount of
$100.00 per day in reference to the property that exists on Undeveloped Area off Shepard Road in tile
City of Winter Springs described as: .~:
LOT 18, BLOCK B
PARCEL: 28-20-30-SAS-OBOO-0180, OAK GROVE PARK I
PB 7, PAGE 83, OF SEMINOLE COUNTY -..J
OWNED BY DITTMER PROPERTIES, INC. :;l!.
1006 SHEPARD ROAD, WINTER SPRINGS, FL 32708 ,~
This Order if recorded in the public records shall constitute a lien against the above described ~
property and any other real or personal property of the Respondent, pursuant of Section 162. 08 a~
Section 162.09 of Florida Statutes.
DONE AND ORDER this 28th
Seminole County, Florida.
day of JUNE 1999 , at WINTER SPRINGS,
Code Enforcement Board of the
City of Winter Springs, Florida
CEST~ (
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Date
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COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing
Regular X
April 10.2000
Meeting
t.
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Authorizatio
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission consider the request of Mr. Walt Dittmer for satisfaction of the
Code Enforcement lien against his property.
PURPOSE:
The purpose of this agenda item is to request the Commission consider the request of Mr. Walt
Dittmer for satisfaction of a Code Enforcement lien against his property.
APPLICABLE LAW AND PUBLIC POLICY:
Under Florida Statutes Chapter 162, Code Enforcement Board fines shall become liens on the
property on which the violation exists. Under this statute, the lien must run in favor of the local
governing body and therefore may only be reduced or satisfied by them.
CONSIDERA TIONS:
On April 20, 1999 the Code Enforcement Board ordered that Mr. Dittmer mow and regularly
maintain 35' from the property line. A letter was sent to the chairman of the Code Enforcement
Board by Mr. Dittmer advising her that the area was mowed on May 15 and 16, 1999. Inspection
of the area revealed that although some of the property was mowed, the Order of the Board was
not complied with in regard to the 35' buffer. Mr. Dittmer was notified of this discrepancy. This
Division further instructed Mr. Dittmer on August 4, 1999 that compliance had still not been
achieved, that the fine had become a lien against the property, and the procedures for correcting
the situation. The letter stressed that when the property was brought into compliance an
APRIL 10, 2000
REGULAR AGENDA ITEM C
Page 2
inspection must be requested in order to halt the fine from accruing. Me Dittmer replied on
August 6, 1999 saying that his contractor only cut 90% of the area and that the area would be
maintained. No further correspondence was received from Mr. Dittmer until the case was
rescheduled for the Code Enforcement Board on March 21, 2000 to request a recommendation
for foreclosure or recommendation for reduction /satisfaction of lien.
The matter was brought before the Code Enforcement Board on March 21, 2000. The Code
Enforcement Board could not make a decision for a recommendation to the City Commission as
to amount of reduction, but did suggest that Mr. Dittmer ask the City Commission to reduce or
satisfy the lien.
STAFF RECOMMENDATION:
Staff recommends that the City Commission reduce the lien to an amount that reflects the cost of
prosecuting the case, recording the lien and a fine of$l,OOO.OO, for a total of$1,050.00.
ATTACHMENTS:
A. Section 13-1, City Code
B. Order of the Code Enforcement Board, April 26, 1999
C. Letter to chairman from Mr. Dittmer, May 25, 1999
D. Letter to Mr. Dittmer from Code Enforcement Division, August 4, 1999
E. Letter to Code Enforcement Division from Mr. Dittmer, August 6, 1999
COMMISSION ACTION:
<'
ATTACHMENT A
1,lar. i 5. 2000 i: 30P/;.1
;";1.JIS."-''iC~S
ARTICLE 1. IN GENERAL
Sec. 13-1. ~neral prohibition.
Nothing may be done on any lot which may
become an annoyance or nuisance to the neigh-
borhood. No refuse pile or unsightly objects shall
be allowed to be plated or suffered to remain
. thereon. In the event the owner shall fail or refuse
to keep premises free of refuse piles or other un.
sightly objects or growths. then the city commis-
sion may enter upon such land and remove the
same at the expense of the owner and such entry
shal~ not be deemed a trespass.
(Ord. .No. 44, ~ 44.76. 1-8.68)
Sec. 13-2. Littering.
'.'. '.
(a). It shall be unlawful for any person to place
or throw, or cause to be placed or thrown, any
paper, bottles or pieces thereot', tin cans, garbage.
glassware. refuse. debris or any other offensive,
unwholesome or unsightly matter whatever in or
on any street,road, sidewalk, alley. playground,
vacant property or any other pl,1blic grounds. or
in or on the bank of any canal. stream, lake,
watercourse or pool within the city.
(b) It shall be unlawiul for any person to cause
or permit junk, scrap metal, scrap lumber, waste-
paper products. discarded building materials, or
any \muSed abandoned.yehide, at' abandoned parts,
machinery or machinery parts, garbage, trash or
other waste materials to be in or upon any yard,
garden, lawn, outbuildings or premises owned,
rented, leased or otherwise occupied by him in
the city unless in connection with a business en-
terprise lawfully situs.ted end licensed for the same.
. (c) The existence of excessive accumulation or
untended growth of weeds, undergrowth or other
dead, or living plant life; or stagnant water, and
all other objectionable, unsightly or unsanitary
matter upon any lot, tract or parcel orland within
this city be it uncovered or under open shelter, to
the extent and in the manner that such lot, tract
or parcel of land is or may threaten, or endanger
the public health, safely, or welfare, or may rea.
sonably cause disease, is hereby prohibited and
declared to be a public nuisance and unlawful.
(d) It shall be the duty of th~ owner of each lot,
lract, or parcel of land within the! city to re:lson.
S'Jpp. N,). ~
No.0680
F. i 0
lJ.26
ably regulate and effectively control ey.ees~ive
growths and accumulations. as enumerated in sub.
section (e) on the property. .
It shall also be the duty of t.he owner to drain
regrade or fill any lot, tract. or parcel, includin~
swimming pools thereon, which shall be dangerous
or unsanitary, have stagnant water thereon, or be
in such other condition as tc be su:sceptible to pro-
ducing disease or danger to the public.
(Code 1974, 9 7.1; Ord. No. 464, ~ 1, 2-12.90)
Sec. 13-3. Duty of owners of buildings to keep
surrounding property clean; notice;
fallure to comply with notice.
(a) AU land ~thin a three-hunched-foot radius
of any dwelling or .other building. within the city
shall be kept in a clean and trim condition by the
owner of.the property.
(b) II the owner of any property fails to comply
with the conditions of this. section, he shall be
notified by the city of the violation and be al.
lowed fifteen (15) days to comply.
(c) If, after the fifteen-day period provided for
in subsection (b), the owner has not cleaned the
property in accordance with this section, the city
shall have the right and authority to enter upon
the property in question, clear the land according
to the requirements of this section and charge the
owner for the cost thereof.
(Code 1974, 5 7.2)
Sees. 134-13-25. Reserved.
ARTICLE II. NOISE
Sec. 13-26. Problbited generally.
It shall be unlawful for any person to make.
create, or maintain any unreasonably loud. dis-
turbing, and unnecessary noise within the city.
Noise of such character, intensity, or duration as
to be detrimental to the life, health, comfort, or
repose of any individual is prohibited.
(Code 1974, S 9.14(a))
793
ATTACHMENT B
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CITY OF WI NTER SPRI NGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
ORDER OF THE CODE ENFORCEMENT BOARD
CASE NUMBER: 99-290
CERTIFIED: Z 515034066
OWNER:
Walt Dittmer
Undeveloped Area off Shepard Road
Winter Springs, Florida 32708
The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on April 20, 1999 in
the matter of Walt Dittmer to determine whether he is in violation of Section 13-2. [Overgrowth] of the
Code of the City of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at
the following:
(AMENDED) FINDING OF FACT:
In the case of Code Enforcement Board Number 99-290 of the City of Winter Springs, the Code
Enforcement Board has read the complaint filed and the written information prepared by the Code
Inspector, and heard at this meeting, the sworn testimony of the Code Inspector, and other parties involved
in this case. Based upon these proceedings, I move that Mr. Walt Dittmer and his (Undeveloped Area
off Shepard Road), is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter
Springs, and that an appropriate relief order be issued at this meeting.
Walt Dittmer is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter Springs.
(AMENDED) RELIEF ORDER - ORDER OF THE BOARD:
In the case of Code Enforcement Board Number 99-290 of the City of Winter Springs, Mr. Walt Dittmer
having been found ~o be in violation of Section 13-2. [Overgrowth] of the Code of this City, I move that
Mr. Walt Dittmer be given fourteen (14) days, after notification, to come into compliance by mowing a
thirty-five (35) foot buffer zone, from the property line, in regard to this violation. If compliance is not
achieved by this date, a fine of $100.00 per day (minimum) will be imposed until compliance is achieved,
as verified by an officer of the City. Furthermore, any and all future reoccurrence of this violation after
compliance has been achieved, will immediately cause the stated fine to be imposed, until compliance is
again achieved, as verified by an officer of the City.
Now then, the Code Enforcement Board of the City of Winter Springs, Florida, instructs all enforcement
procedures to be instituted to accomplish this Order.
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This 0\ &.' day of April, 1999.
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.~Jtiallne Krebs, Chairperson
,;/ Code Enforcement Board .
City of Winter Springs
I )OCS/hoanls/codccn f o/a 111/n:1 ic 1'0../04 2099/99 - 2 90 .doc
ATTACHMENT C
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11:26 .Eas:t Sta~e Road 434 '.
. Winter Spriti0s, FL 32708
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RE: Case Number99-290
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Dear Ms. Krebs:
,plea~e be advised that on the weekend of May15 and 16, ou.rprp'perty .wa.~...
brou.ght in.'cornpliancewith the orderto mo~.a thirty;.fivefoot bLiff~.rione
; from the property line. .
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. Verytrulyyours,
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. President
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1006 Shepard Road
4-07-699-1755
FAX 407-695-4430
Winter Springs, FL .32708'
dlttmer@ditt-deck.com
ATTACHMENT D
Mar . I :). ~ IJ IJ U I: .j I r M
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 3270e~2799
Telephone (407) 327-,eOO
Fl!lx (407)327-8696
August 4, 1999
Walt Dittmer
1006 Shopard Road
Winter Springs. Fl. 32708
Dear Mr. Dituner,
Inspections of your property that borders tile Wildwood Subdivision along Shopard Road reveal tJ\l\tthc
Order of the Code Enforcement Board of Aprll 20, 1999 hns not been satisfied. As YOll know, the Bonrd
directed you to mow A. 35 feet buffer zone. A lien has been placed on Ule property and continues to
increase at a rate of $100.00 R day unlilthe area is mowed and this office notified.
I do not have the authority to release this lien, as the lien runs in favor oftlle local governing body. (Inlhis
case, the City Commission). Appeals to the Board's decision are made to the Circuit Court of Appellls, but
must be made wIthin 30 days of the hcnring.
Please contact this office to arrnnge for an inspection when the work is completed so that we can stop (he
fine from accruing furUler.
Sin~
Jimette Cook,
Code Enforcement Manager
~ECEIVED AUG 5 1999
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r'lAR-15-2000 12: 23
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ATTACHMENT E
..----
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\~ ARCHITECTURAL
ALUMINUM
August 06, 1999
C. Jimette Cook
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
RE: Case CEB-99-290, Undeveloped area off Shepard Road
Dear Ms. Cook:
In receipt of your letter dated August 4, 1999, allow me to reconstruct:
You and I met at 1:30 P.M. April 14, 1999; and agreed on cutting a swath of30' to 35'
from the rear ofthe Wildwood homes approximately four times a year.
I directed Scott Hoekstra, who has been cutting my grass here at my business for
approximately five years to cut the swath. On or about May 15, 1999, he cut, but not to
the extent we wanted.
I redirected him via a fax dated June 11, 1999 to cut and he did cut on June 2ih. I
checked it out the following week and found it to be just fme. Ifhe did not cut the entire
berm - he cut 90% of it. He did not cut down into the water for obvious reasons.
Jimette, I am sorry for any concern I may have caused any of you; but I do resent the
threats of fmes and liens on my property.
Please relax knowing we intend to cut this swath approximately every two months.
;~
Walt Dittmer, Jr.
WDJR/zag
Enclosure:
Plot plan dated August 06, 1999
Fax to Scott Hoekstra dated June 11, 1999 (695.3041)
1006 SHEPARD ROAD
\J\JINTER SPRINGS. FLORIDA 32708-2018
PHONE 407.699.1755 · FAX 407.695.4430
TOLL FREE 800822.1755
www.ditt-deck.com
dittmer@ditt-deck.com
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
AGENDA
CITY OF WINTER SPRINGS
CITY COMMISSION
SPECIAL MEETING
MONDAY, APRIL 24, 2000 - 6:30 P.M.
(CONTINUATION OF THE REGULAR MEETING OF APRIL 10,2000)
CITY HALL - COMMISSION CHAMBERS
I. CALL TO ORDER
Roll Call
THE FOLLOWING IS THE CONTINUATION OF
THE LAST REGULAR MEETING, WHICH WAS
PARTIALLY HELD ON MONDAY, APRIL 10,
2000.
VI. REGULAR
C. Community Development Department - Code Enforcement Division
Requests The City Commission Consider The Request Of Mr. Walt Dittmer
For Satisfaction Of The Code Enforcement Lien Against His Property.
D. Police Department
Requesting The Commission To Give Approval To Purchase A Kustom
Signals, Speed Monitoring Awareness Radar Trailer, Known As A SMART
Radar Trailer.
E. Community Development Department -Land Development Division
Presents To The City Commission, For Their Action, The Planning And
Zoning Board Recommendation On The Final Engineering Plans As It
Relates To The Proposed Winter Springs Executive Park.
CITY OF WINTER SPRINGS
AGENDA
CITY COMMISSION
. SPECIAL MEETING - APRIL 24, 2000
CONTINUATION OF THE REGULAR MEETING OF APRIL 10,2000
Page 2 of2
H. City Manager
Requests The City Commission To Consider An Amendment To The City
Code To Provide That A Minor Change To PUD Documents Would Be
Submitted To The City Commission For Approval.
(This Agenda Item Has Been Postponed To The Mav 8. 2000 Regular
Meeting).
VII. REPORTS
Reports Will Be Covered At The Conclusion Of The April 24, 2000 Regular
Meeting.
VIII. ADJOURNMENT
* PUBLIC NOTICE *
This is a public meeting, and the public is invited to attend.
This Agenda is subject to change.
Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs. 48
hours in advance of the meeting at (407) 327-1800, per Section 286.26 Florida Statutes.
Persons are advised that if they decide to appeal any decisions made at these meetingslhearings they will need a record of the
proceedings and for such purpose, they may need to insure that a verbatim record of the proceedings is made which record includes
the testimony and evidence upon which the appeal is to be based per Section 286.0105 Florida Statutes.
,;
"
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING
(THIS IS THE CONTINUATION OF THE APRIL 10,2000 REGULAR MEETING)
APRIL 24, 2000
I. CALL TO ORDER
The Special Meeting of April 24, 2000 of the City Commission was called to order by
Mayor Paul P. Partyka at 6:36 p.m. in the Commission Chambers of the Municipal
Building (City Hall, 1126 East State Road 434, Winter Springs, Florida .32708).
ROLL CALL:
Mayor Paul P. Partyka, present
Deputy Mayor Cindy Gennell, present
Commissioner Robert S. Miller, absent
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, absent
Public WorksfUtility Department Director, Kipton D. Lockcuff, P.E. present
City Attorney Anthony A. Garganese, present
.:. .:. AGENDA NOTE: THE FOLLOWING IS THE CONTINUATION OF THE
LAST REGULAR MEETING, WHICH WAS PARTIALLY HELD ON MONDAY,
APRIL 10, 2000. .:. .:.
VI. REGULAR
C. Community Development Department - Code Enforcement Division
Requests The City Commission Consider The Request Of Mr. Walt Dittmer For
Satisfaction Of The Code Enforcement Lien Against His Property.
Ms. Jimette Cook, Code Enforcement Inspector addressed the Commission regarding the
timeline of this case; "The Board reached a decision of thirty-five (35) feet from the edge
of the property line, and wanted Mr. Dittmer's property to be mowed;" compliance; a
required inspection; and Liens. Ms. Cook stated "I informed Mr. Dittmer several times
that in order to release the fine, which had become a Lien on the property, it would have
to be mowed, in compliance and an inspection requested." Code Enforcement Officer
Cook explained that "The Code Enforcement Board doesn't have the authority to reduce
or satisfy a Lien - "A Lien runs in favor of the governing body," and that the property is
now in compliance to the satisfaction of the Code Enforcement Board.
"
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24, 2000
THIS IS THE CONTINUATION OF THE APRIL 10,2000 REGULAR MEETING
Page 2 of 5
Ms. Cook stated that the City was not seeking the full amount of the Lien; possible
problems with miscommunication; and that the Commission is being asked for their
guidance regarding a possible reduction or satisfaction of the Lien, if it is so desired.
Discussion ensued on the current amount of the Lien. Ms. Cook stated, that "As of
March 25, 2000, when we inspected the property, it was $32,400.00, and it stopped
running on March 25th of this year." Further discussion followed regarding the costs
incurred by the City - which was estimated at approximately $50.00; correspondence
between both parties; compliance issues; and had the City checked on this matter.
Mr. Walt Dittmer, 1006 Shepard Road, Winter Springs. Florida: spoke of a "gross
misunderstanding;" his attempt to take care of the problem; compliance; the power
easement and berm; that he had not tried to "short-cut" the City; and the Lien.
Further discussion between Members of the Commission, Ms. Cook, and Mr. Dittmer
continued regarding miscommunication; easements; building a wall; deeding property to
"Wildwood;" what is the criteria for the mowing of (undeveloped) parcels of land within
the City; an "Order of the Code Enforcement Board;" letters sent to the City; what had
not been brought into compliance; other (undeveloped) parcels of land that are similar;
different sizes of buffers; "firebreaks;" the fine; and notification.
Commissioner Michael S. Blake suggested that "The number I would have - would be
$100.00 per day, for twenty days - that would be $2,000.00, plus the cost of $50.00; so
the amount that I would recommend to the Board would be $2,050.00."
Further discussion ensued about this property being a possible fire hazard to the nearby
wood-framed structures; how the property had been mowed; including the area west of
the retention ponds; swales; and communication problems. Also discussed was that this
property was a possible threat to the neighbors; and methods of communication.
Commissioner Martinez stated, "Mr. Mayor - Point of order please. Is there a Motion on
the floor?"
COMMISSIONER McLEOD THEN STATED, "BASICALLY, MY MOTION IS
BASICALL Y TO LEVY A $2,000.00 (DOLLAR) FINE AND ADDITIONAL $50.00
(DOLLARS) FOR THE FILING, AND THAT WOULD TAKE UP THE TIME
UPON WHICH THE INITIAL ORDER HAD BEEN FILED TO BASICALLY
WHEN MR. DITTMER ORIGINALLY RESPONDED AND THOUGHT HE WAS
IN COMPLIANCE." MOTION BY COMMISSIONER McLEOD. SECONDED
BY COMMISSIONER BLAKE. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24. 2000
THIS IS THE CONTINUATION OF THE APRIL 10.2000 REGULAR MEETING
Page 3 01'5
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: NAY
MOTION CARRIED.
Attorney Garganese suggested "I would bring it back to the Code Enforcement Board to
reconsider and clarifying the Order, because if he does not come into compliance, then
fines could start accruing again. What this Board voted for tonight, was simply to offer
to satisfy the lien at $2,000.00, plus $50.00 cost. But, there is still the issue of clarifying
the Order, and assuring that he comes into compliance. That jurisdiction belongs to the
Code Board, so it needs to go back, for that purpose."
Ms. Cook stated, "And I can initiate that proceeding. So, we'll do that for the next Code
Board meeting, and Mr. Dittmer will be noticed, and what we'll do is ask for a new
Order." Code Enforcement Officer added, "We can't bring it as a violation, because he is
in compliance now, but we'll ask the Board to consider amending their Order, and that
way we can take into consideration the ditches, that are now dry, but that will be wet if
we have water."
Commissioner Edward Martinez, Jr. asked that based on the testimony heard here
tonight, that the City Manager "Instructs the Code Enforcement Department to go out
there and inspect all these properties, and see if they are in compliance with the Code or
not; and report back to the Code Enforcement Board; and also assist in making sure that
one of those fires doesn't take over here in the City and cause us a lot of destruction and
possibly health hazards."
D. Police Department
Requesting The Commission To Give Approval To Purchase A Kustom Signals,
Speed Monitoring Awareness Radar Trailer, Known As A SMART Radar Trailer.
Chief of Police Daniel J. Kerr addressed the Commission and asked that they approve
this device "to assist us in slowing the traffic in the City. This device is not specifically
for enforcing traffic, but to slow traffic down." Chief Kerr explained that this device was
computerized; that a lot of man-hours can be saved with this device; staff could be
assigned; and vehicle counts can be shared with other departments and agencies.
Further discussion ensued on related purchasing; that this be designated "sole source";
using the County's equipment; whether this unit be used to issue citations; Police
Officers per capita; that this could be a very effective tool; that it would primarily be used
on an unmanned basis; and violations.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24. 2000
THIS IS THE CONTINUATION OF THE APRIL 10,2000 REGULAR MEETING
Page 4 of5
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'D' FOR
THE 'SMART' RADAR TRAILER, AT THE AMOUNT $15,055.00." MOTION
BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER
MARTINEZ. DISCUSSION. COMMISSIONER BLAKE STATED, "POINT OF
ORDER. DID THE COMMISSIONER MEAN TO MAKE THIS PART OF THE
MOTION - THE FACT THAT THIS A SOLE SOURCE ITEM AND DOESN'T
GO THROUGH A BID PROCESS." COMMISSIONER McLEOD STATED,
"YES. I DID MENTION THAT THE APPROVING OF ITEM 'D' WHICH DOES
GIVE US SINGLE SOURCE."
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
E. Community Development Department - Land Development Division
Presents To The City Commission, For Their Action, The Planning And Zoning
Board Recommendation On The Final Engineering Plans As It Relates To The
Proposed Winter Springs Executive Park.
Mr. Don LeBlanc, Land Development Coordinator explained the premise of this Agenda
Item, and mentioned that "The Planning and Zoning Board recommended that it be
approved, with the condition that the 'FDOT' permit be submitted to the City, prior to
pre-construction."
Tape I/Side B
Discussion followed regarding whether "FEMA" should be involved with this; the
proximity of the septic tanks to the lake; that the County permits the septic tanks;
compliance with the "434 New Development" plan; compliance with our Arbor
Ordinance; and that "That's also in the area that was identified by the 'DEP' as being
archeologically and historically significant, and we need to have them do that
archeological survey." Regarding some surveys already done, Mr. LeBlanc stated that he
would check his records; and then stated, "If it had not been done as a stipulation to
approval, that an archeological survey be completed."
"I WILL MOVE TO APPROVE ITEM 'E' ON THE REGULAR AGENDA
SUBJECT TO THE PROVISION OF AN ARCHEOLOGICAL SURVEY - AND
THE 'FDOT' PERMIT, PRIOR TO PRE-CONSTRUCTION." MOTION BY
COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
.-
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24, 2000
TI-lIS IS THE CONTINUATION OF THE APRIL 10.2000 REGULAR MEETING
Page 5 of 5
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
H. City Manager
Requests The City Commission To Consider An Amendment To The City Code To
Provide That A Minor Change To PUD Documents Would Be Submitted To The
City Commission For Approval.
(This Agenda Item Has Been Postponed To The Mav 8. 2000 Regular Meeting).
No action was required or taken.
VII. REPORTS
Reports Will Be Covered At The Conclusion Of The April 24, 2000 Regular Meeting.
VIII. ADJOURNMENT
Mayor Partyka adjourned the meeting at 7:42 p.m.
Respectfully Submitted By: Andrea Lorenzo-Luaces
City Clerk
NOTE: These minutes were approved at the May 8, 2000 City Commission Meeting.