HomeMy WebLinkAbout1990 01 16 Code Enforcement Board Regular Minutes
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AMENDED MINUTES
CODE ENFORCEMENT BOARD MEETING
CITY OF WINTER SPRINGS
TUESDAY, JANUARY 16, 1990
The Code Enforcement Board was called to order by Chairman Bob Gray at 7:00 P.M..
ROLL CALL:
Bob Gray, Present
James Dasher, Present
John Ferring, Present
Anne Schneider, Present
Lloyd Anderson, Present
Beverly Fickling, Present
Lurene Lyzen, Present
Officer Wesley Dowell, Present
Lieutenant Ed Taylor, Present
Mr. Dasher made a motion to approve the minutes of Tuesday, November 21, 1990.
Ms. Fickling seconded the motion. Vote on the motion: Mr. Gray, aye; Mr. Dasher,
aye; Mr. Ferring, aye; Mrs. Schneider, aye; Mr. Anderson, aye; Mrs. Fickling, aye;
Ms. Lyzen, aye. MGtion carried.
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Mr. Dasher noted that on page two of the December 12, Special Meeting minutes,
second to last paragraph, vote on the motion, his 'aye' to the motion was left
out. The word occurrence was misspelt also. Mr. Ferring made a motion to
accept the minutes as corrected. Seconded by Mr. Anderson. Vote on the motion:
Mr. Dasher, aye; Mr. Ferring, aye; Mrs. Schneider, aye; Mr. Anderson, aye; Mrs.
Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye.
Mr. Ferring spoke of the conduct of the attorney representing the Sommervilles
in the case of December 12, 1989. He was upset by the demeanor and intimidation
of the Board. He brought the issue before the Commission as a private citizen.
He said there are certain procedures the City can implement to help the Code
Enforcement Board. He feels that the Board needs a full time attorney. Mr.
Gray offered his support in going before the City Commission in the future.
Mr. Dasher stated that he was somewhat confused by the point of view of the
attorney and the position taken by the City in the past which is on page two
of the December 12 minutes, top paragraph. He said that just the fact that
there is a possibility of a new violation that they should set up a Relief Order
although the first discrepancy was corrected leavesa gray area and we need
more elaboration on it. Lieutenant Taylor said he would bring it up to the
Police Chief. Discussion.
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Election of a new Chairman and Vice-Chairman for 1990: Chairman Gray opened
the floor for nominations. Mr Ferring nominated Mr. Gray to continue as Chairman.
Mr. Dasher nominated Mrs. Fickling for Chairman. Mrs. Fickling declined the
nomination. Mr. Dasher nominated Mrs. Schneider for Chairman. She also declined.
Mrs. Schneider nominated Mr. Ferring for Chairman. He declined. Mrs. Lyzen
made a motion that the nominations be closed. Mr. Anderson seconded the motion.
Vote on the motion: Mr. Dasher, aye; Mr. Ferring, aye; Mrs. Schneider, aye;
Mr. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye. Motion
carried. Mr. Gray is the Chairman for 1990.
Code Enforcement Board Meeting, January 16, 1990
Page 2
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Mrs. Fickling made a motion to nominate James Dasher for Vice-Chairman. Mr.
Ferring seconded the motion. Mrs. Lyzen moved that the nominations be closed.
Mrs. Schneider seconded the motion. Vote on the motion: Bob Gray, aye; James
Dasher, aye; John Ferring, aye; Anne Schneider, aye; Lloyd Anderson, aye;
Beverly Fickling, aye; Lurene Lyzen, aye. Motion carried.
Closed and Pending Cases: Officer Dowell stated that Item 6 on the Agenda has
been corrected. Item 7, by request of the Building Department will continue
until the next Meeting. Item 9 has been corrected.
Item 8, Audley Hutchinson, in violation of Secs. 13-3, 6-222 and 6-217 of the
City Code: Lieutenant Taylor presented pictures of the site of the violations.
He said the home is unoccupied, and that three attempts were made to reach the
owner by certified mail, but were unclaimed. The Home Savings of America, the
Company which has the mortgage on the house, received a certified letter on
November 20, 1989. Lieutenant Taylor has not received any correspondence from
them.
A witness, Mr. Howard McDougall, 202 Mockingbird Lane, was sworn in. He said
that a lady with three children moved into the house and only occupied it for
about a month and a half. The grass grew high and the windows were left open.
The carpeting and walls were ruined. The lady was there last summer. He does
not know if the lady was Audley Hutchinson. Discussion.
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Mr. Dasher made a motion that Audley Hutchinson, homeowner of record at 218
Mockingbird Lane, be found guilty of Secs. 6-222 and 6-217 of the Winter Springs
Ordinance. Mr. Ferring seconded the motion. Vote on the motion: Mrs. Schneider,
aye; Mrs. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye; Mr.
Dasher, aye; Mr. Ferring, aye. Motion carried. Relief Order: Mr. Ferring made
a motion that upon notification of these violations, 6-222 and 6-217, seven days
thereafter, if the violations have not been corrected by that time, that a fine
of $25 for each day the violations have not been corrected, be implemented. Mr.
Dasher seconded the motion. Vote on the motion: Mr. Anderson, aye; Mrs. Fickling,
aye; Ms. Lyzen, aye; Mr. Gray, aye; Mr. Dasher, aye; Mr. Ferring, aye; Mrs.
Schnieder, aye. Motion carried.
Mr. Dasher made a motion that Audley Hutchinson, homeowner of record at 218
Mockingbird Lane, be found guilty of Sec. 13-3 of the Winter Springs Ordinance.
Mr. Ferring seconded the motion. Vote on the motion: Mrs. Schneider, aye;
Mr. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye; Mr. Dasher,
aye; Mr. Ferring, aye. Motion carried. Relief Order: Mr. Ferring made a motion
that upon notification uf this violation, 13-3, seven days thereafter, if the
violation has not been corrected by that time, that a fine of $25 for each day
the violation has not been corrected, be implemented. Mr. Dasher seconded the
motion. Vote on the motion: Mr. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen,
aye; Mr. Gray, aye; Mr. Dasher, aye; Mr. Ferring, aye; Mrs. Schneider, aye.
Motion carried.
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Mr. Ferring made a motion for the Board to pursue with the City, methods to
strengthen the Code Enforcement position in the form of legal expertise and a
permanent prosecutor. Mr. Gray seconded the motion. Mrs. Schneider questioned
the powers of the Board to discipline an out of order person who will not obey
the Chairman's attempt to maintain order. Mr. Ferring said that the City Attorney
said the Board does have the power to remove someone who is out of order, but
there would have to be someone at the Meeting who has the authority to do that.
Code Enforcement Board Meeting, January 16, 1990, Amended Minutes
Page 3
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It can't be the Code Inspector or Prosecutor. Discussion. Vote on the motion:
Mr. Dasher, aye; Mr. Ferring, aye; Mrs. Schneider, aye; Mr. Anderson, aye; Mrs.
Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye. Motion carried. Mr. Gray
designated Mr. Ferring to follow this up, and said he would provide any support
that is needed. Mr. Ferring said he would call Mr. Gray after he speaks with the
Attorney.
Mrs. Fickling made a motion to adjourn. Mrs. Schneider seconded the motion.
All ayes. Meeting adjourned at 8:15 P.M..
Respectfully Submitted,
Caroline McGinley
City Clerk's Office
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