Loading...
HomeMy WebLinkAbout2023 10 24 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 24, 2023 CALL TO ORDER Chairperson Michael Burns called to Order the Tuesday, October 24, 2023 Regular Meeting of the Code Enforcement Board at 5:30 p.m., in the Commission Chambers (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708.) Roll Call: Chairperson Michael Burns, present Vice-Chairperson Art Gallo, present Board Member Stephen Gildea, present Board Member Miguel Martin, present Board Member Howard Parsons, present Board Member Dennis Robinson, present Board Member Harold Thomson, present Senior Attorney Jennifer Nix, present City Clerk Christian Gowan, present Also Present: Captain Kevin Presley, Winter Springs Police Department (WSPD) Ms. Terri Sanchez, Code Enforcement Specialist, WSPD Mr. Chris Elbon, Code Enforcement Officer, WSPD Mr. Carlos DeFoe, Code Enforcement Specialist, WSPD A moment of silence was held followed by the Pledge of Allegiance. Captain Presley noted Item 500 would be pulled from the agenda as it had come into compliance. Mr. Gowan swore in those who would be providing testimony. AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200) Approval of the Minutes from the Tuesday, August 22, 2023 Code Enforcement Board Regular Meeting “I MAKE A MOTION THAT WE APPROVE THE MINUTES FROM THE TUESDAY, AUGUST 22, 2023 CODE ENFORCEMENT BOARD REGULAR MEETING.” MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER THOMSON. VOTE: GILDEA (AYE); MILLER (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); BURNS (AYE) MOTION CARRIED 7-0. PUBLIC HEARINGS: CONTINUED CASES 300. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – OCTOBER 24, 2023 PAGE 2 OF 3 PUBLIC HEARINGS: REPEAT CASES 400. Not Used PUBLIC HEARINGS: NEW CASES 500) Case# 2023CE000632 131 N Cortez Ave. June M Weiser WS City Ord. 20-413 No Chickens WS City Ord. 6-195 Maintenance of Fences WS City Ord. 13-2(b) Outdoor storage WS City Ord. 13-2(c) Overgrown Yard IPMC 304.2 Protective Treatment IPMC 304.8 Decorative Features *AS PREVIOUSLY NOTED, THIS ITEM WAS PULLED FROM THE AGENDA* 501) Case# 2023CE000815 315 Birch Ter Arvin J Meyer WS City Ord. 13-2(c) Overgrown Grass WS City Ord. 13-2(b) Trash in Yard IPMC 302.1 Sanitation Attorney Nix noted Board Member Gildea had turned in a Form 8B, Memorandum of Voting Conflict and briefly reviewed Florida Statutes and the ability to abstain from the vote. Attorney Nix also noted recent changes to case law and a recommendation to impose fines on a per violation basis rather than a collective fine. Note: The Respondent was present. Ms. Sanchez introduced the case, offered testimony on the procedures of notice and the violation, and showed photos from the “Presentation.” The Board accepted the packet as published into evidence without objection. Ms. Sanchez recommended a compliance date of January 24, 2024and a fine of $80 per violation if this was not met. Mr. Arvin Meyer, 315 Birch Terrace, Winter Springs testified about communications with Ms. Sanchez and efforts to address violations. Brief discussion followed on the current state of the property and a sufficient timeline to come into compliance. “I MOVE TO FIND THAT THE PHOTOGRAPHS AND TESTIMONY OF CODE OFFICER TERRI SANCHEZ CLEARLY SHOW THERE IS SUFFICIENT SUPPORT TO SUBSTANTIATE ISSUES PRESENT WITH THE PROPERTY AS IT RELATES TO WINTER SPRINGS ORDINANCE 13-2(B), TRASH IN YARD, 13-2(C) OVERGROWN YARD, AND IPMC 302.1 SANITATION AND ORDER THAT RESPONDENT BE GIVEN 90 DAYS (UNIL JANUARY 24, 2024) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF EIGHTY DOLLARS ($80) CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 24,2023 PAGE 3OF3 PER VIOLATION PER DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GALLO. SECONDED BY BOARD MEMBER PARSONS. DISCUSSION. VOTE: GILDEA (AYE); MARTIN (AYE); PARSONS (AYE); ROBINSON (AYE); THOMSON (AYE); GALLO (AYE); BURNS (AYE) MOTION CARRIED 7-0. PUBLIC HEARINGS: NON-COMPLIANCE CASES 600)Not Used REGULAR AGENDA 700. Not Used ADJOURNMENT ���; • �n •, w Chairperson Burns adjourned the meeting at 6:01 PM 0• T .• Q , PESPECTFULLY SUBM17TED: qu N I CHRISTIAN D.GOWAN, MIDA CITY CLERK NOTE: These Minutes were approved at the January 23,2024 Code Enforcement Board Regular Meeting. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME O BOARD,C UN I�.COMMISSION,AUT RITY OMMITTE Gildea Stephen M C 0 tl 0 1 )� 7 _ (?r1 ` 1 c(-) - MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION.AUTHORITY OR COMMITTEE ON 346 Twelve Oaks Dr WHICH I SERVE ISAUNIT OF: CITY COUNTY '44 CITY ❑COUNTY ❑OTHER LOCAL AGENCY Winter Springs Seminole NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED City of Winter Springs Code Enforcement Board MY POSITION IS: 10/24/2023 ❑ ELECTIVE LK APPOINTIVE WHO MUST FILE FORM $B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. t i APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) I CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST l Stephen M Gildea hereby disclose that on October 24 20 23 (a)A measure came or will come before my agency which (check one or more) _ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained;or _ inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: The Respondent and I are both members of a fraternal organization. I am on a first name basis and believe my relationship with him creates a conflict of interest in the following case: 501. Case#2023CE000815 315 Birch Ter Arvin J Meyer WS City Ord. 13-2(c)Overgrown Grass WS City Ord. 13-2(b)Trash in Yard IPMC 302.1 Sanitation -� If disclosure of specific information would violate confidentiality or privilege pursuant to law or rul,� lbverning attorneys, a public officer, who is also an a torney, may comply with the disclosure requirements of this section by disclosin6'.,he nature of the interest in such a way as to provide the public with notice of the conflict. r DatWJ7 4d Sigq tu'r NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. —' — CE FORM SB-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.