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HomeMy WebLinkAbout1999 03 02 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD MARCH 2, 1999 - REGULAR MEETING [This meeting was previously scheduled for February 16, 1999; however, there was no quorum on that date.] I. CALL TO ORDER Pledge of Allegiance The meeting was called to order at 7:00 p.m. on Tuesday, March 2, 1999, by Chairperson Joanne Krebs 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 Joanne Krebs, Chairperson, present Lurene Lyzen, Vice Chairperson, absent Jacqueline Adams, present Paul Finnegan, present Ken Furth, present Chuck Holzman, present James B. Pitts, present Also Present Jimette S. Cook, Code Enforcement Officer Ray Jarrett, Arborist Approval of the December 8, 1998 Special Meeting Minutes As there were still not enough members at tonight's meeting, that had also been in attendance at the December 8, 1998 Special Meeting, there was discussion about the options the Board had, in order to have these minutes approved. Motion by Jacqueline Adams. "I make a Motion that we have the minutes mailed out, and returned". Seconded by Paul Finnegan. Discussion. Vote: Paul Finnegan: Aye; Ken Furth: Aye; James Pitts: Aye; Joanne Krebs: Aye; Jacqueline Adams: Aye; Chuck Holzman: Aye. Motion passed. Approval of the January 19, 1999 Regular Meeting Minutes "I make a Motion to approve the January 19th minutes. Motion by Jacqueline Adams. Seconded by Paul Finnegan. Discussion. Vote: Jacqueline Adams: Aye; Ken Furth: Aye; Paul Finnegan: Aye; Chuck Holzman: Aye; James Pitts: Aye; Joanne Krebs: Aye. Motion passed. MINUTES CODE ENFORCEMENT BOARD MARCH 2, 1999 - REGULAR MEETING PAGE20F7 Chairperson Joanne Krebs welcomed the two newest Board Members - Mr. Ken Furth and Mr. James B. Pitts, and asked them to introduce themselves to the Board. II. REGULAR AGENDA Code Enforcement Officer Jimette S. Cook introduced the City's Arborist, Mr. Ray Jarrett to the Board. Code Enforcement Officer Jimette S. Cook advised the Board that the following cases were "In Compliance", and that these cases would not be heard tonight: A. Case #CEB-98-1 022 Wendy Simmons Location: 629 Alton Road Section 20-433., Disabled Motor Vehicle B. Case #CEB-98-1105 Thomas Strasser Location: 1211 Trotwood Boulevard Chapter 5 - Arbor (Dead Trees) D. Case #CEB-98-1070 Judith Zipay Tenant: JB Padgett Location: 425 David Street Section 20-433., Disabled Motor Vehicle E. Case #CEB-99-115 Judith Zipay Tenant: William Burton Location: 426 David Street , Section 20-433., Disabled Motor Vehicle G. Case #CEB-98-1 080 Dittmer Location: West Side of Wildwood On Shepard Road Section 13-2., Untended Grass And Weeds The Interim City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. C. Case #CEB-99-084 J ames Morgan Location: 1782 Otisco Way Section 6-84., Set Back Violation Code Enforcement Officer Cook stated, "Let the record note that Mr. Hanratty is representing the respondent, and we do not have a notice to appear at this time; but we're going to go ahead and hear the case anyway, though we don't have the benefit of counsel". Ms. Cook then explained the premise of this case, which involved a Set Back Violation. Ms. Cook read the following documents into the record: a letter dated November 12, 1998 (see Attachment "A"); a letter dated December 2, 1998 (see Attachment "B"); and a Memorandum dated January 28, 1999 (see Attachment "C"). MINUTES CODE ENFORCEMENT BOARD MARCH 2, 1999 - REGULAR MEETING PAGE 3 OF 7 Ms. Cook advised the Board that the City is requesting a "date certain" of March 30th to have the shed relocated. Mr. Joseph Hanratty (Esquire), of 320 NW 3rd Avenue, Ocala, Florida 34475, (who represents the Morgan's), explained the problems that they have been having in finding a contractor to move the shed in question. There was dis~ussion on related issues and possible variances. Chairperson Krebs clarified, "For the record, this Board does not grant variances". Discussion. (AMENDED) FINDING OF FACT: "In the case of CEB 99-084 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, (Mr. Hanratty, Esquire). Based upon these proceedings, I move that James Morgan, et al of (1782 Otisco Way), is in violation of Section 6-84. [Set Back Violation] of the Code of Winter Springs, and that an appropriate relief order be issued at this meeting". Motion by Paul Finnegan. Seconded. Discussion. Vote: Chuck Holzman: Aye; Joanne Krebs: Aye; Ken Furth: Aye; Jacqueline Adams: Aye; Paul Finnegan: Aye; James Pitts: Aye. Motion passed. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "In the case ofCEB 99-084 of the Code of Winter Springs, James Morgan, et ai, having been found to be in violation of Section 6-84. [Set Back Violation] of the Code of this City, I move that James Morgan be given thirty (30) days to come into compliance, with regard to this violation. If compliance is not achieved by this date, a fine of $50.00 per day will be imposed". Motion by Paul Finnegan. Seconded. Discussion. Vote: Ken Furth: Aye; James Pitts: Aye; Jacqueline Adams: Aye; Joanne Krebs: Aye; Chuck Holzman: Aye; Paul Finnegan: Aye. Motion passed. F. Case #CEB-99-114 Gilda M. Gundler Location: 101 Albert Street Section 20-433., Disabled Motor Vehicle Code Enforcement Officer Cook asked if anyone was here to represent Ms. Gundler, and then stated, "Let the record indicate that someone is here to represent her". Ms. Cook explained this case which involved a disabled and unlicensed van and passed around a photograph documenting this violation, and what procedures were followed. MINUTES CODE ENFORCEMENT BOARD MARCH 2, 1999 - REGULAR MEETING PAGE4 OF 7 The Interim City Clerk swore in a relative of Gilda Gundler, who provided testimony during the presentation of this case. There was discussion on this case - Ms. Cook suggested that the National Kidney Foundation be contacted regarding the donation of the vehicle in question. Ms. Cook advised the Board about a requested "date certain". (AMENDED) FINDING OF FACT: "In the case of Code Enforcement Board Number 99-114 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 the parties involved in this case. Based on these proceedings, I move that the owner Gilda M. Gundler of (101 Albert Street), is in violation of Section 20- 433. [Disabled Motor Vehicle] of the Code of this City, and that an appropriate relief order be issued at this meeting". Motion by Chuck Holzman. Seconded by Jacqueline Adams. Discussion. Vote: Joanne Krebs: Aye; Jacqueline Adams: Aye; Chuck Holzman: Aye; Paul Finnegan: Aye; James Pitts: Aye; Ken Furth: Aye. Motion passed. RELIEF ORDER - ORDER OF THE BOARD: "In the case of Code Enforcement Board Number 99-114 of the City of Winter Springs, Gilda M. Gundler has been found to be in violation of Section 20-433. [Disabled Motor Vehicle] of the Code of this City. I move that Gilda M. Gundler be given thirty (30) days to come into compliance, with regard to this violation. If compliance is not received by that date, a fine of$25.00 per day (minimum) will be imposed". Motion by Chuck Holzman. Seconded by Jacqueline Adams. Discussion. Vote: Joanne Krebs: Aye; Jacqueline Adams: Aye; Chuck Holzman: Aye; Paul Finnegan: Aye; James Pitts: Aye; Ken Furth: Aye. Motion passed. H. Case #CEB-99-077 Walden Locklear & William Locklear Location: 61 South Cortez Avenue Section 6-46., No Building Permit Code Enforcement Officer Cook asked if anyone was here to represent the Locklear's, and stated, "Let the record indicate that no one came forward". Officer Cook stated that this case involved a fence without a permit, and that the City was requesting a continuance, until the April Meeting. There was discussion about this case. MINUTES CODE ENFORCEMENT BOARD MARCH 2, 1999 - REGULAR MEETING PAGE 5 OF 7 FINDING OF FACT: "In the case ofCEB Number 99-077 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 the information and testimony presented at this meeting is incomplete, or otherwise insufficient to render a ruling, and that this matter be continued until the April meeting or to a special meeting when additional information is available, on a future date, to be established by the Chairman as per Section 2-60. of the code of the City of Winter Springs". Motion by Paul Finnegan. Seconded. Discussion. Vote: Ken Furth: Aye; Chuck Holzman: Aye; Jacqueline Adams: Aye; James Pitts: Aye; Paul Finnegan: Aye; Joanne Krebs: Aye. Motion passed. I. Case #CEB-99-146 Seville Chase Dev L TD And Engle Homes Location: Conservation Area Behind Lots 91 & 92 on Viana Court Chapter 5 - Arbor (Clearing of Conservation Area) The premise of this case was explained to the Board, and photographs documenting that the natural vegetation of the area had been cleared were shared with each of the Board Members and the respondent. Ms. Cook added, "Let the record indicate that the respondent (Mr. Carmichael) has no problems or arguments with the pictures". Related comments made by the St. Johns River Water Management District also were mentioned by Ms. Cook to the Board. Code Enforcement Officer explained to the Board that "According with Florida Statutes 162, in the Florida Statutes - the Code Enforcement Board is empowered several ways, and one of the ways is that you are limited to $250.00 a day for violations, unless - a violation is irreparable or irreversible. This violation is irreparable or irreversible, there's no question about that"... "In the Florida Statutes, it allows a Code Enforcement Board to impose a fine of $5,000.00, and the City is asking for that fine this evening". Discussion. Mr. Bill Carmichael, the Division President for Engle Homes, 3504 Lake Lynda Drive, Suite 170, Orlando, Florida 32817, spoke about this case and asked to present a document (prepared by another party who was not in attendance) for the Board's review. There was considerable discussion about whether this item was admissible or not. "1 make a Motion, Madam Chairman, under the advice of City, we do not accept this information as testimony, it may be substantial, but it is still hearsay, but it may not be entered into as evidence". Motion by Paul Finnegan. Seconded. Discussion. Vote: Ken Furth: Aye; Paul Finnegan: Aye; Joanne Krebs: Aye; James Pitts: Aye; Jacqueline Adams: Aye; Chuck Holzman: Aye. Motion passed. MINUTES CODE ENFORCEMENT BOARD MARCI-I 2, 1999 - REGULAR MEETING PAGE60F7 Mr. Carmichael further spoke about this case, and asked the board for a continuance or for a reduction of the fine. Discussion. "Madam Chairman, I will make a Motion in the case of CEB Number 99-146, in the City of Winter Springs Code Enforcement Board has read the complaint filed and the written information provided by the Code Inspector, and has 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 the information and testimony presented at this meeting is incomplete, or otherwise insufficient to render a ruling, and that this matter be continued until the next regular meeting or to a special meeting when additional information is available, on a future date, to be established by the Chairman as per Section 2-60. of the Code of the City of Winter Springs". Motion by James Pitts. Seconded. Discussion. Vote: Jacqueline Adams: Nay; Ken Furth: Aye; Paul Finnegan: Nay; Chuck Holzman: Nay; James Pitts: Aye; Joanne Krebs: Nay. Motion did not pass. Tape IISide B Further discussion ensued regarding this case. FINDING OF FACT: "In the case of Code Enforcement Board Number 99-146 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written infornlation 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 on these proceedings, I move that Seville Chase Development L TD and Engle Homes are in violation of Chapter 5 [Arbor] of the Code of the City of Winter Springs, and that an appropriate relief order be issued at this meeting". Motion by Chuck Holzman. Seconded. Discussion. Vote: Ken Furth: Aye; James Pitts: Aye; Jacqueline Adams: Aye; Joanne Krebs: Aye; Chuck Holzman: Aye; Paul Finnegan: Aye. Motion passed. RELIEF ORDER - ORDER OF THE BOARD: "In the case of Code Enforcement Board Number 99-146 of the City of Winter Springs, Seville Chase Development L TD and Engle Homes having been found to be in violation of Chapter 5 [Arbor] of the Code of this City, I move that Seville Chase Development L TD and Engle Homes be fined an amount of $5,000.00 - a one-time fine of $5,000.00". MINUTES CODE ENFORCEMENT BOARD MARCI-12, 1999- REGULAR MEETING PAGE70F7 Motion by Chuck Holzman. Seconded. Discussion. Vote: Paul Finnegan: Aye; Joanne Krebs: Aye. James Pitts: Nay; Jacqueline Adams: Nay; Chuck Holzman: Aye; Ken Furth: Aye. Motion passed. III. DISCUSSION OF GENERAL ISSUES Chairperson Krebs requested that on the "Relief Order" - "Violation Existing As Of CEB Meeting" that the words "after notification" be added to the first paragraph, specifically after the words ".. .be given days.. .". This request was agreed to by the Board. Chairperson Krebs also asked for an updated list of members, and the Interim City Clerk said that the list would be mailed out within the next week. Board Member Paul Finnegan welcomed the new Board Members, and the Board voiced their interest in attending a Code Enforcement Informational Seminar. Code Enforcement Officer Cook said that she would check into this. IV. ADJOURNMENT The meeting was adjourned by Chairperson Krebs at 8:20 p.m. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Interim City Clerk City Of Winter Springs, Florida DOCSlboards/codeen fo/alll/minutes/030299.doc