HomeMy WebLinkAbout1990 06 19 Code Enforcement Board Special Minutes
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CODE ENFORCEMENT BOARD
SPECIAL MEETING
CITY OF WINTER SPRINGS
TUESDAY, JUNE 19, 1990
The Code Enforcement Board Special Meeting 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 Schnieder, present
Lloyd Anderson, present
Beverly Fickling, present
Lurene Lyzen, present
Officer Wesley Dowell, absent
Lieutenant Ed Taylor, present
Chairman Gray asked Mr. Dasher to fill in for him at the July Meeting as he will
be out of town.
Lieutenant Taylor said that the code violations that this Meeting of the Code
Enforcement Board has been called for, the Orange Shopper and the Sun Newspaper
Group, in violation of Sec. 16-27 (c), have been resolved and turned over to
Frank Kruppenbacher, City Attorney.
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The City Attorney said he will now be attending Code Board meetings to advise
the Board as their Attorney. If necessary, depending upon the case, he has
selected an alternative Council to actually prosecute the case.
The City Attorney said that today he contacted the Police Chief after conversations
with the Attorneys for the Sun Newspaper Group and the Orange Shopper. He
presented to the Chief a proposal to attempt to resolve this problem. The Chief
said he believed that was an appropriate resolution. The resolution is that
a citizen of Winter Springs who does not want the paper delivered to his
property, will call the paper, and we will also ask that they call the City.
Within two delivery cycles they will cease delivering a paper to that property.
Any delivery after that date will subject them to code violation of the agreement
and the City Statute. He said that he wrote this in, and told the papers that
the only way he would recommend that we try this, is to go on a 90 day trial
period. If this doesn't work out, we're going to take a much harsher approach.
If the papers are thrown on the street, that is littering, and the police can
take appropriate action for that. This is a trial program, and if there is a
problem within the 90 day period, we will cancel the agreement and take
appropriate action.
There was discussion about the First Admendment and the possibility of using
it to be able to throw papers on City property.
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The City Attorney suggested homeowners calling the City instead of the paper.
He said we will call the paper. He said he believes we've reached a good
accommodation. Hes working on a detailed written agreement.
Code Enforcement Board Special Meeting, June 19, 1990
Page 2
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There was discussion as to why the City Code is not being followed in this case.
The City Attorney said it was presented to the Staff and the Police Chief. They
believe this is a reasonable resolution to the matter. Chairman Gray said he
wondered if the City Commission is willing to entertain trying to change this
particular code to word it the way the Attorney etc. would like to see it worded.
He said maybe this would prevent this happening in the future especially if we're
not willing to back up our own City Codes. The City Attorney said he could
present it to the Commission Meeting Monday night if it is the desire of the
Code Board to "tighten it further". Chairman Gray said we need to have codes
that we're willing to support.
Gil Artman, 672 Silvercreek Drive, witnessed. He said he called the Orange Shopper
several months ago and asked them not to deliver the paper to his residence any
longer. Then it was delivered again at another time. He questioned how many times
he would have to call before hes assured he will not have one delivered. He said
that in Public Works they do police the papers. They have spent a lot of
hours policing the papers. They only police them on the rights-of-way.
The City Attorney said he would bring the consideration of an ordinance that
would say you can't do it to the Commission Monday night. He said he would present
the Board's concerns to the Commission. He said he would ask if the Commission
wants to consider passing an ordinance that would simply prohibit the distribution
of this material without the affirmative consent of the property owner. Discussion.
Chairman Gray suggested having the Homeowner's Associations get names and submit
a large list of people who don't want the papers.
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Attorney Kruppenbacher said he would be back to the Code Enforcement Board
potentially in July and no later than August. He said he felt it would be a lot
"cleaner" for somebody on the City Staff to get the names of the people objecting
to the papers, call the papers and document it. Discussion.
Mrs. Lyzen made a motion to adjourn the meeting. Mrs. Fickling seconded the motion.
Meeting adjourned at 8:00 P.M..
Respectfully Submitted,
Caroline McGinley
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