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Home My WebLink About2021 01 26 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 26, 2021 CALL TO ORDER Chairperson Matthew Criswell called the Regular Meeting of Tuesday, January 26, 2021 of the Code Enforcement Board to Order at 5:30 p.m., in the Commission Chambers of the Municipal Building (City Hall,1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Matthew Criswell, present Vice-Chairperson Maurice Kaprow, present Board Member Michael Burns, present Board Member Stephen Gildea, present Board Member Carole Giltz, present Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix, present City Clerk Christian Gowan, present No changes were made to the agenda. Chairperson Criswell invited Commissioner Rob Elliott to speak briefly. Commissioner Elliott introduced himself and discussed his idea for a Winter Springs Work Day. City Clerk Christian Gowan swore in all those offering testimony - Code Officer Terri Guerra and Respondents. REGULAR AGENDA- PART 1 700. Election for Chairperson of the Code Enforcement Board for Calendar Year 2020 Chairperson Criswell opened nominations for Chairperson of the Code Enforcement Board for the calendar year 2021 and expressed interest in continuing in the role. "I SO MOVE." MOTION MADE BY BOARD MEMBER ROBINSON. SECONDED BY VICE-CHAIRPERSON KAPROW. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 26,2021 PAGE 2OF6 VOTE: BOARD MEMBER BURNS: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE VICE-CHAIRPERSON KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILDEA: AYE MOTION CARRIED. MATTHEW CRISWELL WAS ELECTED AS THE CHAIRPERSON 701. Election for Vice-Chairperson of the Code Enforcement Board for Calendar Year 2020 Chairperson Criswell opened nominations for Vice- Chairperson of the Code Enforcement Board for the calendar year 2021. "I'D LIKE TO NOMINATE MAURICE [KAPROW]:' NOMINATION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER BURNS. VOTE: BOARD MEMBER ROBINSON:AYE BOARD MEMBER GILDEA: AYE BOARD MEMBER BURNS:AYE VICE-CHAIRPERSON KAPROW: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. MAU RICE KAPROW WAS ELECTED AS THE VICE-CHAIRPERSON CONSENT AGENDA 200)Approval of the Minutes from the October 27, 2020 Code Enforcement Regular Meeting "I MAKE A MOTION WE ACCEPT THE MINUTES AS IS." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY CHAIRPERSON CRISWELL. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 26,2021 PAGE 3OF6 VOTE: VICE-CHAIRPERSON KAPROW:AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON:AYE BOARD MEMBER GILDEA:AYE BOARD MEMBER BURNS: AYE MOTION CARRIED. PUBLIC HEARINGS -CONTINUED CASES 300) Not Used PUBLIC HEARINGS - REPEAT CASES 400) Not Used PUBLIC HEARINGS - NEW CASES 500)Case#: 2020CE000406 David N. Callaghan Sally A Callaghan 41 South Edgemon Ave Winter Springs, FL 32708 IPMC 702.1 Means of Egress IPMC 304.7 Roofs and Drainage IPMC 302.1 Sanitation WS City Ord. 13-2(c) Over Grown Yard WS City Ord. 13-2(b) Outside Storage The Respondent was present. Code Officer Terri Guerra introduced the case and testified, "The date of the complaint was February 19, 2020. The date I verified the complaint was the same day, February 19. 1 sent a Notice of Code Violation (NCV), the letter came back in the mail. On March 19, 2020 1 posted the NCV on the property. I had several conversations with Mrs. Callaghan regarding getting the house under control. She has had many issues with her husband having medical problems. We also reached out-Officer Tracey Fugate attempted to assist her with getting the roof corrected and she refused at that time. On January 5, 2021 1 sent the owners a certified and CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 26,2021 PAGE 4OF6 first class letter regarding Code Board. I also posted the property and City Hall. I have not had any other contactat this time." Code Officer Guerra showed photographs from her presentation. "As of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimony to, and would extend no more than 30 days (February 19, 2021) to come into compliance. If no compliance is met after that additional time, I ask that a fine of$250.00 per day." Brief discussion followed on photographs and the time this violation has existed. Mrs. SallyAnn Callaghan, 47 S. Edgemon Avenue, Winter Springs, Florida testified, "At the beginning of last year my husband, in February he was in the hospital for 3 days, and in March he was in the hospital for three (3) days and they found he had lymphoplasmacytic lymphoma - last year was dedicated to making sure he was alright and they also found he was hypoglycemic. Last year that was my focus on everything. His numbers are coming down so he is doing well with that. Before Christmas I was working on getting stuff cleaned up but I re-pulled muscles in my back and twisted my knee and I took time off and I didn't get started soon enough in January. My husband and I have been working on it and we've done everything but we do have one large future, but were going to have our neighbors help us with that. My daughter wants to see two things I have there on marketplace and the other is two chairs and she wants to see what she can do for those... the reason I turned down help last year was because I was told basically that we can get a big dumpster and throw all your stuff in it-that is why I turned her down.Trying to care for my husband. Most of his family has Alzheimer's and he is starting to show early signs of it...front entrance we got that completely covered. The growth was vines,we got all that taken care of.The tarp on the roof being held by brick, a neighbor got up and put screws in like it is supposed to be. I don't have a problem with February 191h." Discussion followed on the respondent's ability to comply by the recommended date, proper placement of outside furniture, and keeping in contact with Code Officers. Code Officer Guerra noted that she had seen improvement in a drive-by today. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 26,2021 PAGE 5OF6 Further discussion followed on the roof and the need to repair rather than secure a tarp. Discussion followed on an appropriate compliance date given the work needed for the roof. Responding to a question about potentially setting different compliance dates, Senior Attorney Nix noted that all violations were brought as one case and therefore one compliance date should be applied. City Clerk Gowan swore in an additional respondent. Ms. Tina Callaghan, 32108 Chipola Trail, Sorrento, Florida asked "If they do go through the insurance company if we come back with a quote or paperwork could we extend it at that time,just for that portion." that be brought back to Senior City Attorney Nix noted the City's lien reduction program for possible consideration down the line. Further discussion followed on the possibility of reducing the fine if the Board deemed it appropriate at a Non-Compliance Hearing. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL MARCH 19, 2021 TO CORRECTTHE VIOLATION. IN THE EVENTTHE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($2S0.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER:' MOTION BY VICE-CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: CHAIRPERSON CRISWELL: AYE BOARD MEMBER BURNS:AYE VICE CHAIRPERSON KAPROW: AYE BOARD MEMBER ROBINSON:AYE BOARD MEMBER GILDEA: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 26,2021 PAGE 6 OF 6 PUBLIC HEARINGS- NON-COMPLIANCE CASES 600) Not Used ADJOURNMENT_ Chairperson Matthew Criswell adjourned the Regular Meeting at 6:02 p.m. RESPE F LLY S BM! L D: ��: ' o�,�►r�o '•.�-moo CHRISTIAN GOWAN ' 4 w 40 CITY CLERK 44 � r' S E�11�14L �•' NOTE: These Minutes were approved at the February 23,2021 Code Enforcement Board Regular Meeting.