HomeMy WebLinkAbout1999 05 18 Code Enforcement Board Regular Minutes
MINUTES
CITY OF WINTER SPRINGS
CODE ENFORCEMENT BOARD
REGULAR MEETING
MAY 18,1999
I. CALL TO ORDER
Pledge of Allegiance
. The meeting was called to order at 7:00 p.m. on Tuesday, May 18, 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, present
Jacqueline Adams, present
Paul Finnegan, absent
Ken Furth, present
Chuck Holzman, present
James B. Pitts, present
Also Present
Jimette S. Cook, Code Enforcement Officer
Approval of the April 20, 1999 Regular Meeting Minutes
MOTION BY JAMES PITTS. SECONDED BY KEN FURTH. DISCUSSION.
BOARD MEMBER LURENE LYZEN SAID THAT ON PAGE 2 OF THE APRIL
20, 1999 MINUTES, THAT THE PARAGRAPH STATING "MR. MARTIN
KOLLER, (TREASURER OF THE HIGHLANDS HOMEOWNERS
ASSOCIATION) SPOKE ABOUT HIS CONCERNS WITH THIS PROPERTY";
SHOULD INSTEAD STATE, "MR. MARTIN KOLLER, (TREASURER OF THE
WILDWOOD HOMEOWNERS ASSOCIATION) SPOKE ABOUT HIS
CONCERNS WITH THIS PROPERTY".
BOARD MEMBER LURENE LYZEN ALSO POINTED OUT THAT ON PAGE 4
OF THE APRIL 20,1999 MINUTES, THAT THE PARAGRAPH STATING "IN
THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB 99-198 OF THE
CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS
READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION
CITY OF WINTER SPRINGS
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CODE ENFORCEMENT BOARD
MAY 18, 1999 - REGULAR MEETING
PAGE 2 OF 10
PREP ARED BY THE CODE INSPECTOR, AND HEARD AT THIS MEETING,
THE SWORN TESTIMONY OF THE CODE".
BOARD MEMBER LYZEN EXPLAINED THAT THAT PARAGRAPH SHOULD
BE AS FOLLOWS:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB 99-198 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".
THE ABOVE MOTION TO APPROVE THE MINUTES, WAS AMENDED
(ALONG WITH THE SECOND) TO INCLUDE THE CHANGES.
VOTE: JACQUELINE ADAMS: AYE; KEN FURTH: AYE; CHUCK
HOLZMAN: AYE; JAMES PITTS: AYE; LURENE LYZEN: AYE; JOANNE
KREBS: AYE. MOTION CARRIED.
The Interim City Clerk swore in those persons who may be providing testimony during
the presentation of tonight's cases.
II. REGULAR AGENDA
AGENDA CHANGE: THE FOLLOWING CASES ARE DOCUMENTED IN THE
ORDER THAT THEY WERE DISCUSSED:
Code Enforcement Officer Jimette S. Cook introduced tonight's first case:
K. Case #CEB-99-356
Location: 1501 East State Road 434
Hess Express # 09369
Section 9-74(a)., (Conditions Of Final Development Agreement)
Code Enforcement Officer Cook explained some of the terms of the Developer's
Agreement, that have not yet been accurately met, such as landscaping and signage
details. Ms. Cook stated that the City was agreeable with the contractor in terms of
allowing a two-week period to permit the Contractor to come into compliance.
Mr. Joel Hollis with Don Stein Construction (the General Contractor) briefly addressed
the Board regarding this case.
CITY OF WINTER SPRINGS
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CODE ENFORCEMENT BOARD
MAY IS, 1999 - REGULAR MEETING
PAGE 3 OF 10
Officer Cook also stated that she wanted to make an appointment to review this case,
once the property was brought into compliance.
(AMENDED) FINDING OF FACT:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB 99-356 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 HESS EXPRESS #09369 AT 1501 EAST
STATE ROAD 434 IS IN VIOLATION OF SECTION 9-74(A) [CONDITIONS OF
FINAL DEVELOPMENT AGREEMENT] OF THE CODE OF THE CITY OF
WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE
ISSUED AT THIS MEETING".
MOTION BY JACQUELINE ADAMS. SECONDED BY JAMES B. PITTS.
DISCUSSION. VOTE: KEN FURTH: AYE; JAMES PITTS: AYE;
JACQUELINE ADAMS: AYE; JOANNE KREBS: AYE; LURENE LYZEN:
AYE; CHUCK HOLZMAN: AYE. MOTION CARRIED.
(AMENDED) RELIEF ORDER - ORDER OF THE BOARD:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-356 OF THE
CITY OF WINTER SPRINGS, HESS EXPRESS #09369 AND JOEL HOLLIS
. HAVING BEEN FOUND TO BE IN VIOLATION OF CODE (SECTION) 9-74(A)
[CONDITIONS OF FINAL DEVELOPMENT AGREEMENT] OF THE CODE OF
THIS CITY, I MOVE THAT HESS EXPRESS #09369 AND JOEL HOLLIS BE
GIVEN TWO WEEKS (UNTIL JUNE 1, 1999), AND UPON CITY APPROVAL
OF LANDSCAPING AND SIGNAGE, TO COME INTO COMPLIANCE, WITH
REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY
THAT DATE, A FINE OF $100.00 WILL BE IMPOSED PER DAY (MINIMUM),
PER VIOLATION, UNTIL COMPLIANCE IS ACHIEVED, AS VERIFIED BY
AN OFFICER OF THE CITY. FURTHERMORE, ANY AND ALL FUTURE
REOCCURRENCE 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, OR THE STAFF. SINCE JOEL HOLLIS IS
PRESENT AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER
MOVE THAT DUE NOTIFICATION HAS BEEN GIVEN AS OF THIS
. MEETING".
CITY OF WINTER SPRINGS
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CODE ENFORCEMENT BOARD
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PAGE40F ]0
MOTION BY LURENE LYZEN. SECONDED BY JAMES B. PITTS.
DISCUSSION. VOTE: JOANNE KREBS: AYE; JAMES PITTS: AYE;
JACQUELINE ADAMS: AYE; CHUCK HOLZMAN: AYE; KEN FURTH: AYE;
LURENE LYZEN: AYE. MOTION CARRIED.
N. Case #CEB-99-370
Location: 1184 West State Road 434
Reed Contractors
Section 9, (Removed Trees Without Permit)
Code Enforcement Officer Cook began this case with an explanation on the numerous
(mature) trees that had been removed, without City approval. There was discussion on
the City's Arbor Ordinance; the trees that had been permitted to be removed; the trees
that should have been saved; protective tree barricades; and the "drip line".
Ms. Cook showed a number of photographs (of the site in question) which depicted
severed roots; along with trucks and construction vehicles parked too close to the trees.
Ms. Cook then explained about the City's position, in that "Florida Statutes allows for a
fine of $5,000.00 to be imposed anytime a violation of irreparable or irreversible. The
City maintains that this violation is irreparable and irreversible, and we do seek the
$5,000.00 fine at this time".
There was discussion the trees that had been removed and which trees remained at this
site; the roots that had been damaged; and the related "dripline".
Mr. David Reed (President of Reed Construction); Mr. Paul L. Verlander (Landscape
Architect of Record - for Reed Construction); Mr. Rick Say (Register Arborist for Reed
Construction); and Mr. Tim Fuller (On Site Construction Manager with Reed
Construction) each spoke about their concerns with this case to the Board. Discussion
ensued regarding the "tree-save" plan; preserving trees; removing trees; permitting;
grading; the dates that the plans were sealed; and root regeneration.
Tape 1/Side B
Representatives from Reed Construction, Ms. Cook, and the Board also discussed such
matters as the survey; "canopy"; and the closeness of construction to the trees.
Mr. Michael Mingea, Environmental Inspector with the City of Winter Springs spoke on
what criteria should have been adhered to; damaged root systems; and particular species
of trees. Further discussion.
CITY OF WINTER SPRINGS
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CODE ENFORCEMENT BOARD
MAY 18, 1999 - REGULAR MEETING
PAGE 5 OF 10
(AMENDED) FINDING OF FACT:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-370 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 HAS HEARD AT THIS
MEETING, THE SWORN TESTIMONY OF CODE INSPECTORS AND OTHER
PARTIES INVOLVED IN THIS CASE. BASED UPON THESE PROCEEDINGS,
I MOVE THAT REED CONTRACTORS OF 1184 WEST STATE ROAD 434 IS IN
VIOLATION OF SECTION 9 [REMOVED TREES WITHOUT PERMIT] OF
THE CODE OF THE CITY OF WINTER SPRINGS, AND THAT AN
. APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING".
MOTION BY JAMES B. PITTS. SECONDED BY LURENE LYZEN.
DISCUSSION. VOTE: JOANNE KREBS: AYE; JACQUELINE ADAMS: AYE;
CHUCK HOLZMAN: AYE; LURENE LYZEN: AYE; JAMES PITTS: AYE;
KEN FURTH: AYE. MOTION CARRIED.
(AMENDED) RELIEF ORDER - ORDER OF THE BOARD:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-370 OF THE
CITY OF WINTER SPRINGS, REED CONTRACTORS HAVING BEEN FOUND
TO BE IN VIOLATION SECTION 9 [REMOVED TREES WITHOUT PERMIT]
OF THE CODE OF THIS CITY, I MOVE THAT REED CONTRACTORS BE
FINED $5,000.00 FOR THIS VIOLATION. FURTHERMORE, ANY AND ALL
FUTURE REOCCURRENCE OF THIS TYPE VIOLATION WILL BE CAUSE
TO HAVE A FINE IMPOSED UNTIL COMPLIANCE IS AGAIN ACHIEVED, AS
VERIFIED BY AN OFFICER OF THE CITY. SINCE REED CONTRACTORS IS
PRESENT AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER
MOVE THAT DUE NOTIFICATION HAS BEEN GIVEN AS OF THIS
MEETING".
MOTION BY KEN FURTH. SECONDED BY LURENE LYZEN. DISCUSSION.
,
VOTE: CHUCK HOLZMAN: AYE; LURENE LYZEN: AYE; JOANNE KREBS:
AYE; KEN FURTH: AYE; JACQUELINE ADAMS: AYE; JAMES PITTS: AYE.
MOTION CARRIED.
O. Case #CEB-99-364
Location: 223 Sherry Avenue
Debra A. Dolan
Tenant: Kimberly Delmage
Section 6-46., (No Building Permit - Fence)
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
MAY 18, 1999 - REGULAR MEETING
PAGE 6 OF 10
Code Enforcement Officer asked, "Is there anyone here to speak for 223 Sherry Avenue"?
No one came forward.
Ms. Cook explained this case to the Board, which dealt with the installation of a fence,
without a permit. Photographs were shown to the Board, followed by brief discussion.
(AMENDED) FINDING OF FACT:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-364 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 DEBRA A. DOLAN (TENANT:
KIMBERLY DELMAGE) OF 223 SHERRY AVENUE ARE IN VIOLATION OF
SECTION 6-46., [NO BUILDING PERMIT - FENCE] OF THE CODE OF THE
CITY OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER
BE ISSUED AT THIS MEETING".
MOTION BY LURENE LYZEN. SECONDED BY JAMES B. PITTS.
DISCUSSION. VOTE: JAMES PITTS: AYE; JACQUELINE ADAMS: AYE;
JOANNE KREBS: AYE; LURENE L YZEN : AYE; CHUCK HOLZMAN : AYE;
KEN FURTH: AYE. MOTION CARRIED.
(AMENDED) RELIEF ORDER - ORDER OF THE BOARD:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-364 OF THE
. CITY OF WINTER SPRINGS, DEBRA A. DOLAN (TENANT: KIMBERL Y
DELMAGE) HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 6-
46., [NO BUILDING PERMIT - FENCE], I MOVE THAT DEBRA A. DOLAN
(TENANT: KIMBERL Y DELMAGE) BE GIVEN FOURTEEN DAYS AFTER
NOTIFICATION TO COME INTO COMPLIANCE, WITH REGARD TO THIS
VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE, A FINE
OF $50.00 PER DAY (MINIMUM), WILL BE IMPOSED UNTIL COMPLIANCE
IS ACHIEVED, AS VERIFIED BY AN OFFICER OF THE CITY.
FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCE 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 KEN FURTH. SECONDED. DISCUSSION. VOTE: JOANNE
. KREBS: AYE; JACQUELINE ADAMS: AYE; CHUCK HOLZMAN: AYE;
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
MAY 18, 1999 - REGULAR MEETING
PAGE 7 OF 10
LURENE LYZEN: AYE; JAMES PITTS: AYE; KEN FURTH: AYE. MOTION
CARRIED.
T. Case #CEB-99-377
Location: 113 Ashford Drive (Lot 7)
Austin Homes
Chapter 5 - Arbor, (Cleared Lot Without Permit)
Ms. Cook introduced this case, and asked "Is there anyone here for Austin Homes"?
There was a response from the audience. Inspector Cook explained that this case
involved a very heavily wooded lot, which had had most of the trees and vegetation
removed. Photographs were shown to the Board.
Ms. Cook read into the record (see Attachment "A"), a letter that was written to Ms.
Coleman with Austin Homes, regarding the clearing of land.
Mr. Larry Coleman (Project Manager with Austin Homes) explained the
miscommunication on the part of Austin Homes, along with their plans to provide an
upgraded landscaping package,
The Board, Ms. Cook, and Mr. Coleman discussed the proposed fine; arbor and building
permits; arboreal standards and landscaping.
FINDING OF FACT:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-377 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 AUSTIN HOMES OF 113 ASHFORD DRIVE (LOT 7) IS IN
VIOLATION OF CHAPTER 5 - ARBOR [CLEARED LOT WITHOUT PERMIT]
OF THE CODE OF THE CITY OF WINTER SPRINGS, AND THAT AN
APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING".
MOTION BY JAMES B. PITTS. SECONDED BY CHUCK HOLZMAN.
DISCUSSION. VOTE: KEN FURTH: AYE; JAMES PITTS: AYE; LURENE
LYZEN: AYE; CHUCK HOLZMAN: AYE; JOANNE KREBS: AYE;
JACQUELINE ADAMS: AYE. MOTION CARRIED.
CITY OF WINTER SPRINGS
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CODE ENFORCEMENT BOARD
MAY 18, 1999 - REGULAR MEETING
PAGE 8 OF 10
RELIEF ORDER - ORDER OF THE BOARD:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-377 OF THE
CITY OF WINTER SPRINGS, AUSTIN HOMES HAVING BEEN FOUND TO BE
IN VIOLATION OF SECTION (CHAPTER) 5 - ARBOR [CLEARED LOT
WITHOUT PERMIT], I MOVE THAT IN REGARD TO THIS VIOLATION, A
FINE OF $3,000.00 BE IMPOSED. FURTHER, ANY AND ALL FUTURE
REOCCURRENCE 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. SINCE AUSTIN HOMES IS PRESENT AND HAS
HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE THAT DUE
NOTIFICATION HAS BEEN GIVEN AS OF THIS MEETING".
MOTION BY JAMES B. PITTS. SECONDED BY KEN FURTH. DISCUSSION.
THERE WAS MUCH DISCUSSION ON WHAT THE FLORIDA STATUTES
STATE; WERE ACTIONS "DELIBERATE"; AND WHAT THE PROPOSED
FINE SHOULD BE. VOTE: JAMES PITTS: AYE; JACQUELINE ADAMS:
AYE; CHUCK HOLZMAN: AYE; KEN FURTH: AYE; LURENE LYZEN: AYE;
JOANNE KREBS: AYE. MOTION CARRIED.
Ms. Cook noted that the remainder of tonight's Agenda (as follows) were in compliance.
A. Case #CEB-99-320
Location: 218 Albert Street
Joseph O. & Tina Landers
Tenant: Tim Wausrick
Section 20-433., (Disabled Motor Vehicle)
B. Case #CEB-99-323
Location: 403 Murphy Road
Leslie G. & Judith A. O'Neil
Section 20-433., (Disabled Motor Vehicle)
C. Case #CEB-99-237
Location: 406 Edwin Street
Daniel M. Horton
Section 20-433., (Disabled Motor Vehicle)
D. Case #CEB-99-273
Location: 692 Saranac Drive
Charles W. & Terrik Golding
Section 20-433., (Disabled Motor Vehicle)
E. Case #CEB-99-229
Location: 46 Fairfax Avenue
Julio E. Ortiz
Section 20-433., (Disabled Motor Vehicle)
F. Case #CEB-99-230
Location: 100 Cory Lane
Shub & Sudesh K. Sharma
Section 20-433., (Disabled Motor Vehicle)
G. Case #CEB-99-260
Location: 237 Mosswood Circle
Mosswood Apartments, Limited
Section 20-433., (Disabled Motor Vehicle)
H. Case #CEB-99-342
Location: 1102 Dappled Elm Lane
Sally A. Weber
Section 6-46., (No Building Permit - Fence)
I. Case #CEB-99-347
Location: 765 South Edgemon Avenue
Theresa Nicosia
Section 13-2., (Trash & Debris) &
Section 20-433., (Disabled Motor Vehicle)
J. Case #CEB-99-348
Location: 714 Highgate Drive
Michael E. & Kimberly J. Nowak
Tenant: Julie Gephardt
Section 20-411., (Boat)
L. Case #CEB-99-363
Location: 110 Burgos Road
Christian & Carmen Symes
Section 20-433., (Disabled Motor Vehicle)
M. Case #CEB-99-357
Location: 707 Wilson Road
David S. Zydorski
Section 13-2., (Large Pile of Dirt)
P. Case #CEB-99-371
Location: 619 Locust Court
Douglas R. Sefried
CITY OF WINTER SPRINGS
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MAY 18, 1999 - REGULAR MEETING
PAGE 9 OF 10
CITY OF WINTER SPRINGS
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Tenant: William Lee Jeffords
Section 13-2., (Littering Right of Way)
Q. Case #CEB-99-372
Location: 50 South Fairfax Avenue
Mark & Sharon Thysell
Section 13-2., (Trash & Debris)
R. Case #CEB-99-373
Location: 1184 West State Road 434
Golf Terrace Apartments
Section 16-53., (No Sign Permit)
S. Case #CEB-99-375
Location: 1184 West State Road 434
Golf Terrace Apartments
Section 5-3., (Dead Trees)
III. DISCUSSION OF GENERAL ISSUES
The Board briefly mentioned the upcoming Workshop, to be held on June 15t", 1999,
after the Regular Meeting.
IV. ADJOURNMENT
Chairperson Krebs adjourned the meeting at 8:55 p.m.
Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Interim City Clerk
City Of Winter Springs, Florida
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