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HomeMy WebLinkAbout1988 10 26 Code Enforcement Board Special Minutes ~> . CODE ENFORCEMENT BOARD SPECIAL MEETING WEDNESDAY, OCTOBER 26, 1988 Mr. James Dasher, Chairman, called the Special Meeting of the Code Enforcement Board to order at 7:02 P.M. ROLL CALL: James Dasher, Present Mr. Ferring, Present Ms. Schneider, Present Mr. Anderson, Present Ms. Fickling, Present Mr. Gray, Present Mr. Langelloti, Present Officer Wesley Dowell, Present Lieutenant Gerald Justice, Absent Lieutenant Sexton took Lieutenant Justice's place as the Prosecutor in the absence of Lieutenant Justice. . Mr. Dasher asked Lieutenant Sexton to present the case. Officer Sexton stated that the case involved Mr. Joyce, owner of the property, Mr. Behe and Mr. Umholtz who operate an electric company at 1205 Orange Avenue, Winter Springs. In question is violation of Sec. 8.20, operating a business without a license, and 14.23, no plat plan submitted to the City. He referred to the letter from the attorneys of Mr. Joyce, Behe and Umholtz, of which copies had been given to the members of the Board prior to the meeting. The letter was from Stenstrom, McIntosh, Julian, Colbert, etc., attorneys at law, and was written by Michael E. Gray, one of the attorneys in the firm. Officer Sexton read the letter to the Board. In essence, the letter stated that the writer had spoken with the City Attorney, City Manager, and Chief of Police. He agreed that the company is doing business in an inappropri- ately zoned district. He stated that Mr. Behe and Mr. Umholtz have begun a search for another location. He requested that this matter be continued for a minimum of ninety days, and "revisit" the matter at the next regularly scheduled Board Meeting after the ninety day period. He said that they will expect to have the operation removed within this time frame. He also said that he has agreed that the operation will use the Hicks Road in order to avoid Orange Avenue. Officer Sexton suggested that they come to the next scheduled meeting in January. This would give them approximately eighty days - ten days less than the ninety days they are requesting, and would allow them time to find other property and to move. He said that the company is going to put Hicks Road in a usable condition for the period of time that they will be using it. . Mr. Anderson asked what the basic background of the case is. Officer Sexton answered that the property was recently annexed to the City. Officer Dowell explained that he was notified on the 9th and 23rd of September that the business was in operation without a license, and he then sent out a warning for them to obtain a business license. Officer Sexton said that rezoning was applied for by the property owner and was rejected last Monday night by the City Commission. The owners of the business were willing to obtain the license had the rezoning taken place. Mr. Behe and Mr. Umholtz have begun looking for other property. Mr. Dasher stated that Mr. Behe and Mr. Umholtz are in violation of the zoning of the City of Winter Springs, and that we should declare the Electrical Contracting firm of Behe and Umholtz in violation of Sec. 8.20, operating a business without a license. Discussion. . . . Code ~nforcement Board Special Meeting, October 26, 1988 Page 2 ~. Thomas Deppen, who stated that he was at the meeting to nmonitor" the case for Mr. Joyce, was sworn in. He suggested that the Board talk with the staff members as "there are a lot of issues here". Mr. Ferring made motion that the Contracting firm of Behe and Umholtz are in violation of Sec. 14.23 and Sec. 8.20 of the Ordinances of Winter Springs. Mr. Gray seconded for discussion. Vote on the motion: Mr. Ferring, aye; Ms. Schneider, no; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye. Motion carried. Mr. Dasher moved that as a Relief Order, we accept the recommendations of the City's representative that the Relief Order be taken up at the scheduled January meeting. There was no second to the motion. Discusssion. Mr. Dasher suggested the next scheduled meeting in November as the time to resume the case. Discussion. Mr. Dasher said that the question before the Board now, is what is a reasonable time for them to have to leave the property. Discussion. Ms. Schneider said that with an operation of that size, ninety days is a reasonable amount of time for them to leave. Discussion. Mr. Ferring stated that he would like to make a motion that we reserve judgment on a Relief Order at this time, until we can have another meeting with the principals in the case present. Mr. Dasher said that they have put in writing what they might have taken sworn testimony to, already. They have pleaded guilty, and they are just asking for time. Discussion. Mr. Dasher paraphrased Mr. Ferring's motion. He said that Mr. Ferring has moved that there be no Relief Order issued tonight. That there be in its stead, another meeting of the Code Enforcement Board to be called at our earliest convenience, whereby the principals in the case, or their legal representatives be present. Ms. Fickling seconded the motion. Discussion. Ms. Schneider suggested that their representatives be at the regularly scheduled meeting on November 15, 1988. Mr. Dasher rephrased the motion to add that we will withold any Relief Order in this case until our next scheduled meeting in November. Ms. Schneider stated that her second to the motion still held. Vote on the motion: Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, no; Mr. Langelotti, aye; Mr. Dasher, aye; Mr. Ferring, aye. Motion carried. Mr. Gray moved that Mr. Joyce be named in the violation also. Mr. Ferring seconded the motion. Vote on the motion: Ms. Schneider, aye; Mr. Anderson, aye; Ms. Fickling, aye; Mr. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye; Mr. Ferring, aye. Motion carried. There was a question as to whether a representative for Mr. Joyce should be subpoened to come to the next meeting. Mr. Dasher said he believed it was proper that if the Cityms a reason at the time of the next meeting to see that a representative is here, that it was up to them. The motion for Mr. Joyce will be the same as for Mr. Behe and Mr. Umholtz, that a Relief Order will be withheld until the next regularly scheduled meeting on November 15th, 1988. Mr. Gray moved that the motion be accepted. Seconded by Mr. Ferring. Vote on the motion: Mr. Anderson, aye; Ms. Fickling, aye; Mrs. Gray, aye; Mr. Langelotti, aye; Mr. Dasher, aye; Ms. Schneider, aye; Mr. Ferring, aye. Motion carried. Discussion. Meeting adjourned at 8:20 P.M. Respectfully Submitted ~~~~b "\ Caroline McGinley ~ City Clerk's Office