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HomeMy WebLinkAbout2017 02 28 Consent 200 Unapproved Minutes from the January 24, 2017CODE ENFORCEMENT BOARD AGENDA ITEM ITEM 200 February 2017 Regular Meeting REQUEST: Informational Consent X Public Hearings Regular The Office Of The City Clerk Requests That The Code Enforcement Board Review And Approve The Tuesday, January 24, 2017 Code Enforcement Board Regular Meeting Minutes. ATTACHMENT(S): A. Unapproved Copy Of The Tuesday, January 24, 2017 Code Enforcement Board Regular Meeting Minutes (8 Pages) CITY OF WINTER SPRINGS, FLORIDA � MINUTES CODE ENFORCEMENT BOARD"' REGULAR MEETINGi JANUARY 24, 2017 CALL TO ORDER The Regular Meeting of Tuesday, January 24, 2017 of the Code Enforcement Board was called to Order by Chairperson Gregg Roero at 5:31 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Gregg Roero, present Vice - Chairperson Matthew Criswell, present Board Member Carole Giltz, present Board Member Maurice Kaprow, absent [Excused] Board Member Bill Poe, present Board Member Dennis Robinson, present Board Member Suzanne Walker, present Senior City Attorney Jennifer Nix, present, arrived at 5:3 7p.m. Assistant to the City Clerk Antonia Della Donna, present A moment of silence was held followed by the Pledge of Allegiance. No changes were made to the Agenda. Assistant to the City Clerk Antonia Della Donna swore in those who would be providing Testimony during tonight's Meeting. REGULAR AGENDA - PART I REGULAR 700. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Hold An Election For The Position Of Chairperson For Calendar Year 2017. Chairperson Roero indicated his interested in continuing in the role of Chairperson for 2017. Board Member Bill Poe commended Chairperson Roero for the great job he did over the past year. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 24, 2017 PAGE 2 OF 8 BOARD MEMBER POE STATED, "I WOULD LIKE TO PLACE IN A NOMINATION — MR. CRISWELL AS CHAIRMAN FOR 2017." MOTION BY BOARD MEMBER POE. SECONDED BY VICE - CHAIRPERSON CRISWELL. DISCUSSION. CHAIRPERSON ROERO WITHDREW HIS NOMINATION FOR HIMSELF. VOTE: BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. REGULAR 701. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Hold An Election For The Position Of Vice - Chairperson For Calendar Year 2017. "MR. ROERO, I WOULD LIKE TO PLACE YOU IN NOMINATION FOR THE VICE - CHAIR, SIR." MOTION BY BOARD MEMBER POE. SECONDED BY CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE BOARD MEMBER ROBINSON: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. Chairperson Matthew Criswell noted Vice - Chairperson Roero should continue running the Meeting and added, "I appreciate the Nomination and acceptance." Brief comments. Senior Attorney Jennifer Nix arrived at S: 37 p. m. Vice - Chairperson Roero wished the Board Members a "Happy New Year" and noted that that Board Member Maurice Kaprow's absence would be considered "Excused ". t t f CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 24, 2017 PAGE 3 OF 8 REGULAR 702. Office Of The City Attorney The Office Of The City Attorney Requests The Code Enforcement Board Discuss And Re -Adopt The City Of Winter Springs Code Enforcement Board Policy And Procedures Manual For The Current Year With Any Amendments, As Applicable. Senior Attorney Nix presented the Agenda Item and gave an overview of the revisions found in the Board's Policy and Procedures Manual. Senior Attorney Nix noted, "The only changes were most minor and non - substantive." Additional comments followed on formatting, grammatical issues, providing for updates to the City Code, and the transition from analog to digital recording. Chairperson Criswell commented on the lack of information about Public Input. Senior Attorney Nix noted, "We typically don't have Public Input at the Code Enforcement Board hearings." Brief discussion followed on the process of swearing in Respondents and Staff. "I MOVE THAT WE RE -ADOPT THE CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD POLICY AND PROCEDURES MANUAL FOR THE CURRENT YEAR, AS PRESENTED THIS EVENING." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. REGULAR 703. Office Of The City Attorney The Office Of The City Attorney Requests The Code Enforcement Board Discuss And Re -Adopt The Sample Motions For The Current Year With Any Amendments, As Applicable. This Agenda Item began with Senior Attorney Nix who briefly explained two (2) new additions to the set of Sample Motions to be used if approved by the Code Enforcement Board. Senior Attorney Nix explained that the Motions are a result of a proposed collaboration with City Staff in an effort to provide more accurate and succinct Motions during Meetings. Senior Attorney Nix remarked that it was her intention to meet with Staff in the near future to discuss said cooperative efforts. Further comments followed on the newly suggested Motions. z. 5 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 24, 2017 PAGE 4 OF 8 On a related note, Senior Attorney Nix addressed the removal of Motions from the list that have been made obsolete due to changes with the City Code. Additionally, Senior Attorney Nix touched on some verbiage modifications. Discussion followed regarding Motions and Staff presentations. "I MAKE A MOTION TO ADOPT AND APPROVE THE SAMPLE MOTIONS THAT WERE GIVEN AND TO TODAY'S ORDER." MOTION BY CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER WALKER: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve The October 25, 2016 Code Enforcement Board Regular Meeting Minutes. "I WOULD MOTION THAT THEY ARE APPROVED AS WRITTEN." MOTION BY CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER WALKER: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA* MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 24, 2017 PAGE 5 OF 8 pladbuln PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 300. Not Used PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 400. Not Used PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE #2016CE003139 Renae L. and Gregory Hamilton Parcel 34 -20 -30 -533- 0000 -0050 (Excelsior Parkway) Winter Springs, Florida 32708 City Code 13 -2.(b) Junk And Debris IPMC 302.4 Weeds. Inspector: Captain Chris Deisler Captain Chris Deisler, Code Enforcement Division, Police Department welcomed everyone to the New Year with brief comments. Presenting this Case and related information, Captain Deisler and noted that the property was undeveloped. Continuing, Captain Deisler testified, "It actually came to our attention because road Officers responded to this property because juveniles were found setting fires — on the overgrown brush. We have contacted the owners; they just will not allow it to be maintained and they allow it to overgrow. There are sections of large concrete pipes that were found on the property the last time it was cut back, but the owners have never removed them and even today the conditions persist. The Notice of this Code Board Hearing was delivered Certified to the owners of the property on November 25th of 2016. Both the property and City Hall bulletin boards were posted with the Hearing Notice. I received one (1) voicemail from the owner of this property, but we have yet to be able to contact each other on the phone. But I heard nothing from them between the time the Notices were mailed to yesterday." A photograph was shown from "WS -1" with additional comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 24, 2017 `� I PAGE 6 OF 8 J Concluding, Captain Deisler stated, "I recommend the owners of this property be given until February 28b of 2017 to come into Compliance, and if subsequently found in Non - Compliance, a Fine of a hundred dollars ($100.00) per day be assessed." Chairperson Criswell inquired which neighborhood the property backed up to. Captain , Deisler indicated, "If you were standing on San Miguel Street, off of Sherry Avenue, and San Rafael Street, and walked to the backs of the cul -de -sacs, it's right there." Additional comments. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL FEBRUARY 28TH, 2017 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE #2016CE002196 BRI 1813 Villaggio LLC 859 East State Road 434 Winter Springs, Florida 32708 Florida Building Code 105.1 Permit Required Original Hearing: September 27, 2016 Inspector: Captain Chris Deisler This Case and related information was introduced by Captain Deisler who gave a brief overview. Continuing with his testimony, Captain Deisler stated, "The property was brought to you last year; they had done some structural work and some electrical work on the property without permits. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 24, 2017 PAGE 7 OF 8 They were subsequently found in Violation of FBC (Florida Building Code) 105.1 and then they were given until October 31 of last year to comply with a two hundred and fifty dollar ($250.00) a day Fine imposed. To date, the unpermitted electrical work is still installed on the side of the building. I don't know if you're familiar with it, you probably have driven by. They've closed, at least temporarily, there is no tenant there. However, that lighting on the wall on the side, and I'll show you a photograph in a second, is still installed and there's been nothing done to correct that issue." A photograph was shown from "WS -1" with additional comments. Moving on, Captain Deisler stated, "This Notice of this Non - Compliance Hearing was delivered Certified to the owner of the property on November 28th, 2016 and also to the tenant on November 26th of 2016 even though the property was still posted with City Hall bulletin boards as well. I haven't had any contact with anyone regarding this at all and simply recommend that your formal be recorded as a Lien with the Court Clerk." Chairperson Criswell wondered if the owner would be responsible for obtaining a permit, rather than the tenant, to which Captain Deisler stated, "Based upon my experience, the answer is `Yes'." Discussion ensued about the responsibility of owners and tenants and the process for mailing Notices to both mailing and property addresses. With additional comments, Chairperson Criswell suggested the Code Enforcement Board rule to stop the accrual of the daily Fine and that no permits could be pulled for the property until the Fine was paid. Senior Attorney Nix commented, "The owner of the property was properly Noticed; you all had found before when you previously heard - all of the testimony and evidence of the Case back in September. And the owner, as a Respondent, was found to be in Violation; and at this point what the Board would want to do as a Finding is, `Are they in Compliance or not ?' as to imposing the terms of the Fine per day and the Compliance date per day of the Board's previous Order." Furthermore, Senior Attorney Nix discouraged additional rulings outside the question of Compliance and commented on the Lien reduction request process. Brief discussion on Fines followed and Captain Deisler noted that an unknown party has been working on the property. Additional comments. Discussion ensued on appropriate Motions and Board Orders. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 24, 2017 PAGE 8 OF 8 "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S PREVIOUS ORDER DATED SEPTEMBER 27TH, 2016 SHALL BE IMPOSED, CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: CHAIRPERSON CRISWELL: NAY BOARD MEMBER POE: NAY VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. REGULAR AGENDA - PART II REGULAR 704. Not Used Related to City business, Captain Deisler commended the Office of the City Attorney for their collaborative efforts related to the matter of 311 South Edgemon Avenue. Continuing, Captain Deisler commented on the property's history, current state, and eventual demolition. Discussion ensued. Mr. Armando Davila, 203 Arrowhead Court, Winter Springs, Florida: stated that he attended the Code Enforcement Board Meeting to learn about the Code Enforcement process and wished to understand the procedures related to Violation Notices. Senior Attorney Nix recommended that Mr. Davila speak with Code Enforcement Staff. Discussion. ADJOURNMENT Vice - Chairperson Roero adjourned the Regular Meeting at 6:27 p.m. RESPECTFULLY SUBMITTED: ANTONIA DELLA DONNA ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 2017 Code Enforcement Board Regular Meeting. sn.'.