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Home My WebLink About1998 07 21 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD JULY 21, 1998 - REGULAR MEETING I. CALL TO ORDER Pledge of Allegiance The meeting was called to order at 7:00 p.m. on Tuesday, July 21, 1998, by Chairman Ken Haines in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Ken Haines, Chairman, present Anne Schneider, present Joanne Krebs, present Jacqueline Adams, present Paul Finnegan, present Chuck Holzman, absent Also Present Charles C. Carrington, AICP, Community Development Director Jimette S. Cook, Code Enforcement Officer Approval of the June 16, 1998 Regular Meeting Minutes Motion: "I move to accept the minutes". Motion by Joanne Krebs. Seconded by Anne Schneider. Discussion. Vote: Jacqueline Adams: aye; Paul Finnegan: aye; Ken Haines: abstain; Anne Schneider: aye; Joanne Krebs: aye. Motion passed. Chairman Ken Haines welcomed the new Board Members - Ms. Jacqueline Adams and Mr. Paul Finnegan, and then asked them to give a synopsis of their background and credentials, which they did. Chairman Haines then thanked previous Board Members Bob Gray; Vice Chairperson Lurene Lyzen; and Marc Clinch for their many valuable contributions to the Board. II. REGULAR AGENDA Ms. Jimette S. Cook, Code Enforcement Officer advised the Board that the following cases currently are in compliance: B. Case #CEB-98-556 Robin Fulghum Location: 214 Charles Street Section 13-2, Overgrown Yard ..... MINUTES CODE ENFORCEMENT BOARD JULY 21,1998 - REGULAR MEETING PAGE 2 OF 5 D. Case #CEB-98-660 VFW Location: Edgemon Avenue @ SR 419 Section 16-53, No Sign Permit Ms. Cook next mentioned that the following case would not be heard for "lack of service" (they did not receive notification in time, due to a foreclosure situation). E. Case #CEB-98-644 James C. Orr Location: 203 Inkwood Section 13-2 Stagnant Pool & Gate and Fence The first case was then presented: A. Case #CEB-98-1 08 Ronald J. & Donna Seddon Location: 419 North Hawthorne Section 20-433, Disabled Motor Vehicle Ms. Cook showed the Board a photograph of the car in this case, and then asked if anyone was in attendance to represent the Seddon's? (No one answered) . The Deputy City Clerk swore m those persons who may be providing testimony regarding any of tonight's cases. Ms. Cook spoke briefly about this case, and mentioned that the owner had asked for leniency; (a continuance had been previously requested until the July Code Enforcement Board Hearing). Ms. Cook further mentioned that there was discussion about a Car Donation program, but the owner had taken no action, therefore the Board was now being asked to find in favor of non-compliance status. For the benefit of the new Board Members, additional information about this case was offered. FINDING OF FACT: In the case of CEB Number 98-108, of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, and heard at this meeting, the sworn testimony of the Code Inspector. Based upon these proceedings, I move that Donna Seddon and Ronald J. Seddon of 419 North Hawthorne are in violation of Sections 20- 433 [Disabled Motor Vehicle] of the Code of the City of Winter Springs, and that the appropriate relief order be issued at this meeting. Motion by Anne Schneider. Seconded by Joanne Krebs. Discussion. Vote: Anne Schneider: aye; Joanne Krebs: aye; Jacqueline Adams: aye; Paul Finnegan: aye; Ken Haines: aye. Motion passed. MINUTES CODE ENFORCEMENT BOARD JULY 21,1998 - REGULAR MEETING PAGE 3 OF 5 RELIEF ORDER - ORDER OF THE BOARD: In the case ofCEB Number 98-108 of the City of Winter Springs, Ronald J. and Donna Seddon having been found to have been in violation of Section 20-433 [Disabled Motor Vehicle] of the Code of the City, I move that Ronald J. and Donna Seddon be notified by this Board and be given fifteen (15) days to come into compliance with regard to this violation, and that any future violations of Code will result in a fine being imposed in the amount of $50.00, per day, until compliance is achieved, as verified by an officer of the City. Furthermore, any and all future recurrences of this violation after compliance has been achieved, will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an officer of the City. Motion by Joanne Krebs. Seconded by Anne Schneider. Discussion. Vote: Ken Haines: aye; Jacqueline Adams: aye; Joanne Krebs: aye; Anne Schneider: aye; Paul Finnegan: aye. Motion passed. C. Case #CEB-98-645 Dannie P. Fischer Occupant: Don Anders Location: 413 David Street Section 6-46, No Building Permit (Antenna) Ms. Cook began her presentation of this case by explaining that this case involves more than just "no building permit", and read for the record - a letter written to Congressman John L. Mica (see attached) regarding her request for assistance from the Federal Communication Commission (FCC) which summarized this case. Ms. Cook explained that because an antenna had been constructed at 413 David Street, there was serious interference with television sets, answering machines, and especially telephone usage in this neighborhood, which is a most serious situation as many of Mr. Anders' neighbors are senior citizens. Photographs depicting the antenna that had been erected without a building permit were shown. Ms. Cook elaborated further on this case, and explained that she had actually been in a conversation with some of the neighbors (of the resident of 413 David Street), when their conversation was interrupted, and that she was asking the Board to judge in favor of immediate action. Discussion ensued with the Board asking about the size, height, wattage, and frequency transmission of the towers. Mr. Bob Norman (the installer of the tower and owner of Jamaco Communications) spoke briefly about this situation. There was further discussion about the responsibility of the radio operator, harmonics, and filters. Mim Small (404 Edwin Street) spoke about the awful predicament that this has put many of her neighbors in, and the inability to make or receive even a simple telephone call. There was some discussion between Ms. Small and the Board. MINUTES CODE ENFORCEMENT BOARD JULY 21, 1998 - REGULAR MEETING PAGE 4 OF 5 Else Simmons (408 Edwin Street) elaborated on some of the problems that she had had regarding this situation, and that even with a filter being installed on her telephone by her local telephone company, that this problem was still causing a disruption in her life. Ms. Simmons stated that she had heard the resident of 413 David Street speaking (through her telephone) about increasing the power. Ms. Simmons was also upset with her inability to call 9-1-1 (if necessary); and that the Seminole County Sheriff's Department had come out, and said that they unfortunately could not do anything - but that the Federal Communication Commission (FCC) should be able to assist with this problem. Ms. Simmons added that she felt that her lifestyle had been threatened! Another resident spoke briefly about how this problem has interfered with the use of her telephone and television. Ms. Cook then read a portion of a letter (see attached) that the Federal Communication Commission (FCC) had sent to Mr. Anders of 413 David Street. Ms. Cook also explained that the Federal Communication Commission (FCC) had told her that they do not have the staff available to pursue such cases like this, thus she felt that action by the Code Enforcement Board was the only way to solve this problem. FINDING OF FACT: In the case of CEB-98-645, of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, and heard at this meeting, the sworn testimony of the Code Inspector and other parties involved in this case. Based upon these proceedings, I move that Dannie P. Fischer and Don Anders (413 David Street) are in violation of Section 6-46 [No Building Permit] of the Code of the City of Winter Springs, and that the appropriate relief order be issued at this meeting. Motion by Joanne Krebs. Seconded by Anne Schneider. Discussion. Vote: Anne Schneider: aye; Paul Finnegan: aye; Ken Haines: aye; Joanne Krebs: aye; Jacqueline Adams: aye. Motion passed. RELIEF ORDER - ORDER OF THE BOARD: (AMENDED) In the case of CEB-98-645 of the City of Winter Springs, Dannie P. Fischer and Don Anders having been found to be in violation of Section 6-46 [No Building Permit] of the Code of the City, I move that Dannie P. Fischer and Don Anders be given five (5) days after notification, to come into compliance with regard to this violation. If compliance is not achieved by this date, a fine of $100.00 will be imposed, per day, until compliance is achieved, as verified by an officer of the City. Furthermore, any and all future recurrences of this violation after compliance has been achieved, will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an officer of the City. MINUTES CODE ENFORCEMENT BOARD JULY 21,1998 - REGULAR MEETING PAGE 5 OF 5 Motion by Joanne Krebs. Seconded by Ken Haines. Discussion ensued about the time being allotted for compliance, and monetary fines. Vote: Paul Finnegan: aye; Joanne Krebs: aye; Ken Haines: aye; Jacqueline Adams: aye; Anne Schneider: aye. Motion passed. III. DISCUSSION OF GENERAL ISSUES Election of Officers Joanne Krebs was nominated for the position of Chairperson. Motion by Anne Schneider. Seconded by Ken Haines. Discussion. Vote: Jacqueline Adams: aye; Paul Finnegan: aye; Ken Haines: aye; Anne Schneider: aye; Joanne Krebs: aye. Motion passed. Anne Schneider was nominated for the position of Vice Chairperson. Motion by Ken Haines. Seconded by Joanne Krebs. Discussion. Vote: Joanne Krebs: aye; Jacqueline Adams: aye; Anne Schneider: aye; Paul Finnegan: aye; Ken Haines: aye. Motion passed. Newly elected Vice Chairperson Schneider asked if anyone had any changes or revisions that should be added to the position letter that was distributed at the last Board Meeting. There was a little discussion, but no major changes. The Deputy City Clerk briefly left to make additional copies, and these were then handed out. There was brief discussion about the City's guidelines for lawns; the status of monthly reports; and who usually can offer interpretations and opinions of the City's Code of Ordinances. The Board's copy of the "Government in the Sunshine" manual was loaned to new Board Member Paul Finnegan to review. IV. ADJOURNMENT The meeting was adjourned at 8:15 p.m. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City Of Winter Springs, Florida DOCSlboards/codeenfo/fy9798/minutes/072198.doc