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HomeMy WebLinkAbout1999 09 21 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 21,1999 I. CALL TO ORDER Chairperson Joanne Krebs called the meeting to order on Tuesday, September 21, 1999, 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, absent Paul Finnegan, present Ken Furth, present Chuck Holzman, present James B. Pitts, present Also Present Jimette S. Cook, Code Enforcement Officer Approval of the September. 21, 1999 Regular Meeting Minutes MOTION TO APPROVE THE SEPTEMBER 21, 1999 REGULAR MEETING MINUTES BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER HOLZMAN. DISCUSSION.. VOTE: KEN FURTH: AYE; PAUL FINNEGAN: AYE; JAMES PITTS: AYE; CHUCH HOLZMAN: AYE; LURENE LYZEN: AYE; JOANNE KREBS: AYE. MOTION CARRIED. II. REGULAR AGENDA Ms. Jimette S. Cook, Code Enforcement Officer, asked the Board if Case Number CEB 99-408 could be added to the Agenda. MOTION BY BOARD MEMBER HOLZMAN TO ADD CASE NUMBER CEB 99- 408 TO THE AGENDA. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 1999 Page 2 of 16 ADD-ON Case Number CEB 99-408 606 Tina Lane Victor Peralta & Jacqueline Rapale Code Enforcement Officer Cook briefly reviewed the Case and read into record the new recommendation from the City Arborist, per the Board's request at the August 17, 1999 Regular Meeting. (See Attachment "A") Ms. Cook also asked for the Board to find the Case "In Compliance". The Board discussed with Mr. Michael Mingea, Arborist, Code Enforcement Department, the period of survivability; changing the species of the plants and trees; and inspecting the trees in the future. (AMENDED) FINDING OF FACT: (AMENDED) MOTION BY BOARD MEMBER FURTH. "(IN THE CASE OF CEB 99-408) I MAKE A MOTION THAT WE FIND THIS PROPERTY (606 TINA LANE) IN COMPLIANCE AS OF THIS LETTER AND AS OF THIS DATE". SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: CHUCK HOLZMAN: AYE; LURENE LYZEN: AYE; JOANNE KREBS: AYE; KEN FURTH: AYE; PAUL FINNEGAN: AYE; JAMES B. PITTS: AYE. MOTION CARRIED. . Ms. Cook advised the Board that the following cases would not be heard: D. Case Number CEB-99-448 635 Pearl Road William R. & Virginia R. Hudson Section 20-433. (Disabled Motor Vehicle) E. Case Number CEB-99-513 633 Murphy Road Virgie Pursell & Patrina Rosenberger Section 20-411. (Boat & Trailer) F. Case Number CEB-99-534 553 Brookside Drive Jineen A. Lakin Section 13-1. (Dirt Is Eroding Into Storm System) 1. Case Number CEB-99-575 222 Wade Street Clarence E. Jr. & Janet L. Sistak Section 20-433. (Disabled Motor Vehicle) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 1999 Page 3 of 16 J. Case Number CEB-99-576 337 State Road 434 Action Golf Section 16-53. (No Sign Permit) K. Case Number CEB-99-577 330 State Road 434 Sunrider Herbal & Massage Section 16-53. (No Sign Permit) L. Case Number CEB-99-582 416 Hawthorn Circle North Mark T. & Katherine L. Honadle Section 13-2. (Overgrown) M. Case Number CEB-99-583 427 Hawthorn Circle North North American Mortgage Company Tenant: Richard A. Hall Section 13-2. (Overgrown) N. Case Number CEB-99-585 117-121 Cory Lane Harcum M. Roebuck. Section 20-433. (Disabled Motor Vehicles) O. Case Number CEB-99012477 303 South Edgemon Avenue Susan Seward & Cindy Seward Section 20-433. (Unlicensed Vehicle) P. Case Number CEB-99-482 630 Alton Road Laury D. Alley Section 13-2. (Untended Grass And Weeds) Q. Case Number CEB-99-600 417 Holly Court Joan Collard Tenant: Christian Wingo Section 20-411. (Boat) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 1999 Page 4 of 16 R. Case Number CEB-99-60l 20 Coral Way Wayne A. & Lois 1. Bonacci Tenant: Dale Ward Section 13-2. (Untended Grass & Weeds) S. Case Number CEB-99-602 20 Coral Way Wayne A. & Lois J. Bonacci Tenant: Dale Ward Section 20-433. (Disabled Motor Vehicle) T. Case Number CEB-99-603 20 Coral Way Wayne A. & Lois 1. Bonacci Tenant: Dale Ward Section 20-411. (Trailer) U. Case Number CEB-99-607 116 Lori Anne Lane Karl Roebling Section 13-2. (Overflowing Dumpster & Furniture Stacked Beside Dumpster) V. Case Number CEB-99-608 146 Lori Anne Lane Karl Roebling Section 20-433. (Disabled Motor Vehicle) W. Case Number CEB-99-609 180 Lori Anne Lane Ronaldo C. Dulay Section 20-433. (Disabled Motor Vehicle) Z. Case Number CEB-99-6l4 311 South Edgemon Avenue Scott W. Roberts Section 13-2. (Untended Grass And Weeds - Overgrown) AA. Case Number CEB-99-615 663 Murphy Road Beth D. Hollenbeck Section 20-411. (Trailer) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21,1999 Page 5 of 16 BB. Case Number CEB-99-616 629 Murphy Road James E. & Jeanne K. Lomneck Section 20-433. (Disabled Motor Vehicle) Cc. Case Number CEB-99-618 407 Hawthorn Circle North Richard Wollnick Section 13-2. (Untended Grass And Weeds) DD. Case Number CEB-99-619 421 Hawthorn Circle North Maria B. Johnson Section 13-2. (Untended Grass And Weeds) EE. Case Number CEB-99-620 507 Evergreen A venue Dennis E. & Amy M. Patterson Section 20-411. (Trailer) II. Case Number CEB-99-540 318 Riunite Circle Constance E. Mansdoerfer Section 20-433. (Disabled Motor Vehicle) JJ. Case Number CEB-99-566 300 South Moss Road Alan L. Meyer Tenant: William P. Taylor Section 20-411. (Boat & Trailer) KK. Case Number CEB-99-574 300 South Moss Road Alan L. Meyer Tenant: William P. Taylor Section 16-57. (Unpermitted Sign) MM. Case Number CEB-99-597 1150 Howell Creek Drive Sandra G. Tison Section 13-2. (Branches In Right Of Way) (Overgrown Lawn) (Debris In Driveway) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21,1999 Page 6 of 16 NN. Case Number CEB-99-611 128 Cory Lane Jim Hunt Section 20-433. (Disabled Motor Vehicle) 00. Case Number CEB-99-627 110 South Cortez Avenue Luiz R. Aviles Section 13-2. (Untended Grass And Weeds) Code Enforcement Officer Cook next advised the Board that the following cases were in compliance: A. Case Number CEB-99-350 207 Bennett Street Kathleen M. Lampe Section 20-411. (Boat & Trailer) B. Case Number CEB-99-424 215 Albert Street Janet L. Tomasino Section 20-433. (Disabled Motor Vehicle) C. Case Number CEB-99-436 609 David Street Marie J. Laguerre Tenant: Paul Ramsey Section 20-433~ (Disabled Motor Vehicle) Ms. Cook asked that the following case be heard first: FF. Case Number CEB-99-512 300 East State Road 434 (Badcock Plaza) Aggarwald Trust Fund Section 9-279. (Parking Commercial Vehicles Not Related To A Business On The Premises) Code Enforcement Officer Cook reviewed the cases with the Board and explained that Mr. K.c. Aggarwald has asked the Board for a "Motion to Re-hear". The Board discussed the reason the parties did not appear at the meeting; what actions the Board can take; and notification. MOTION BY BOARD MEMBER FINNEGAN. "MADAM CHAIRMAN, I'D LIKE TO MAKE A MOTION AT THIS TIME THAT WE HEAR THE AGGARW ALD CASE, WHICH IS CEB 99-512, WHICH IS A CONTINUANCE CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 1999 Page 7 of 16 OF THE PREVIOUS BOARD'S DECISION, WE CAN HEAR THE AGGARW ALD TRUST OR PERSONS FOR CLARIFICATION TO WHY THEY WERE NOT ABLE TO, ONE, ATTEND THE MEETINGS, AND/OR WHY THEY BELIEVE THEY ARE NOT IN VIOLATION OF SECTION 9-279.". SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. VOTE: CHUCK HOLZMAN: AYE; LURENE LYZEN: AYE; JOANNE KREBS: AYE; KEN FURTH: AYE; PAUL FINNEGAN: AYE; JAMES B. PITTS: NAY. MOTION CARRIED. K. C. Aggarwald. President, Aggarwald Trust Fund and Jay Aggarwald: addressed the Board regarding "mistakes" that were told to the Board at the August 17, 1999 Regular Meeting; notifications; the size of his organization; and asked for a continuance. There was discussion regarding whether or not Mr. Aggarwald had a typed transcript of the August 17, 1999 Regular Meeting. Ms. Cook said, "Point of Order. Without a typed transcript, you really can't comment on what I said or didn't say, unless you have a typed transcript here to argue that". Discussion. Ms. Cook further stated, "I'm just m9king an objection for the record". The Board discussed re-hearing the case; "personal attacks" on Board Members or City Staff; and hearing factual evidence only. Board Member Finnegan said to the Interim City Clerk, "I'd like a copy of all these proceedings to be sent to the City Attorney, or Acting City Attorney, to be looked at". Code Enforcement Officer Cook explained that the case pertained to Section 9-279. of the City Code, that relates to commercial vehicle parking in commercial establishments. Ms. Cook stated, "I'm going to read into the record the law". (See Attachment "B") Ms. Cook further explained the background of the case; the use of the commercial vehicles (tractor trailers); whether the vehicles are connected to a licensed business at Badcock Plaza; due process; inconsistencies; contact she has had with Mr. Aggarwald; and showed pictures to the Aggarwalds and to the Board. Code Enforcement Officer Cook continued speaking to the Board about the case, specifically, the trailers not being connected to a business on the premises; that the trailers are in violation of Section 9-279. of the Code; and that the Staffs recommendation was that Aggarwald Trust Fund "Be found in non-compliance; give them a time to remove the vehicles; and if they're not removed within a certain time period, that an appropriate fine by imposed". The Board discussed the vehicles still being on the property; and whether the tags are expired and not licensed. Mr. K.C. Aggarwald spoke about the vehicles not being disabled; business licenses; the type of business he conducts; and the use of the commercial vehicles. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21,1999 Page 8 of 16 Discussion ensued regarding occupational licenses; companies that are located in the plaza; companies Mr. K.C. Aggarwald was in connection with; who the licenses and tags of the tractor trailers are registered to and owned by; and flat tires. The Aggarwalds presented the Board with information regarding the titles for the vehicles; and a lease with Royal Sweets of Orlando, Incorporated. Ms. Cook stated, "For the record, this registration expired in '93. Just for the record, this one I've been shown, that expired in '93, the registration expired in '93, the Certificate of Title is registered to 'Clay Oven', which shows a business address of 1275 US 17-92, Longwood 32750. And just for the record, I don't, I'm not saying this is, but I don't know this title goes to the van there, it might, but it might not. And then we have another Certificate of Title for another trailer, registered to Joseph Doerr, registered at 4242 Grant Boulevard in Orlando. And then it has a Transfer of Title back to, again, 'Clay Oven', with no address". The Board reviewed the information. Board Member Finnegan asked, "I would have to ask the City Attorney to look into verification of title. I believe that either an officer must sign for the title of the vehicle, or an individual. It cannot just be an organization. An organization cannot hold, own real property, to my knowledge". Mr. Jay Aggarwald addressed the Board regarding proof of a business at Badcock Plaza and submitted to the Board "An annual Food Permit for 1999, as well as a lease that was signed to the Aggarwald Trust Fund for Royal Sweets of Orlando". Mr. Aggarwald then clarified that he was submitting an "application for the Food Permit". Ms Cook noted for the record, "The food application, permit application, was dated for ' 97 . We're not arguing that in '97 Royal Sweets did not operate there, we do have record that Royal Sweets was operating in '97, however, this year ONS came and got a new occupational license under a new name, not Royal Sweets. We were inforn1ed at the time that they were not Royal Sweets, they were ONS. I spoke to the applicants, but I'm going to go ahead, we have no objection to the introduction of this evidence". There was discussion regarding "Clay Oven Indian Restaurant", located in Longwood, Florida; who the owners of the trailers are; the dates of the food pern1its; the use of the trailers and the ovens; the shopping center lease; permits; transportation; the past Code Enforcement Board hearing regarding this case; when the trailers were moved to the City of Winter Springs; and the Code as it applies to this case. Board Member Finnegan asked Mr. Aggarwald, for the record, "What is the purpose of the two trailers that are at the location of Badcock Plaza"? Mr. Aggarwald responded, "Sir, the purpose of the two trailers are, one, to store clay ovens. Two, to distribute clay ovens, which is part of the business of Royal Sweets and ONS, Incorporated, which is a sister company of Royal Sweets". Discussion. Tape I/Side B CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER21, 1999 Page 9 of 16 Discussion ensued regarding the Code; occupational licenses; "Sister Companies"; zoning rights; licensed businesses; and Staff findings. The Board briefly discussed if they desired to hear anymore testimony in this case. FINDING OF FACT: "I MOVE THAT THE BOARD EXCEPT THE FINDINGS OF THE MEETING OF AUGUST 17TH AS VALID, AFTER HEARING THE TESTIMONY THIS EVENING, AND PROCEED AS INDICATED". MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: LURENE LYZEN: AYE; KEN FURTH: AYE; JAMES PITTS: AYE; CHUCK HOLZMAN: AYE; PAUL FINNEGAN: AYE; JOANNE KREBS: AYE. MOTION CARRIED. Chairperson Krebs stated, "In light of our commercial code and our decision from last time, we still stand by our findings". There was discussion regarding a "reasonable" time to come into compliance. MOTION BY BOARD MEMBER PITTS. "I MOVE THAT WE PROPOSE, ALLOW THE CITY CODE ENFORCEMENT OFFICER TO GIVE THE PARTY SUFFICIENT TIME THAT SHE FEELS IS APPROPRIATE TO MOVE THE VEHICLES THAT ARE IN VIOLATION". MOTION DIED FOR LACK OF A SECOND. G. Case Number CEB-99-571 250 Old Sanford Oviedo Road Marie D. Chowaski Chapter 5 (Clearing Land Without Permit) H. Case Number CEB-99-573 250 Old Sanford Oviedo Road Marie D. Chow ski Section 20-433. (DisabledlUnlicensed Vehicles) Ms. Cook explained that, "This is a request for continuance. I'm going to read into the record a letter from the Respondent's Attorney, received yesterday". Note: There was discussion with the Aggarwalds, as the Aggarwalds left the meeting. Chairperson Krebs called a recess for ten minutes. The meeting was reconvened at 8:28 p.m. by Chairperson Krebs, and read information regarding disorderly conduct. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 1999 Page 10 of 16 Code Enforcement Officer Cook continued explaining case numbers CEB-99-571 and CEB-99-573. Ms. Cook read into the record a letter from the Respondent's Attorney, mentioned above. (See Attachment "e') Discussion ensued regarding suggested dates for the hearing to be continued to. FINDING OF FACT: "I MOVE THAT WE GIVE A CONTINUANCE IN BOTH CASES CEB 99-571 AND 99-573 UNTIL THE DECEMBER MEETING, OR AS SO STIPULATED OR DETERMINED BY THE CODE ENFORCEMENT OFFICER". MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: KEN FURTH: AYE; CHUCK HOLZMAN: AYE; JAMES PITTS: AYE; LURENE LYZEN: AYE; JOANNE KREBS: AYE; PAUL FINNEGAN: AYE. MOTION CARRIED. X. Case Number CEB-99-612 141-147 Cory Lane Harcum M. Roebuck Section 20-433. (Disabled Motor Vehicle) Ms. Cook asked, "Is there anyone here representing this property? Let the record state that there was no one". Code Enforcement Officer Cook introduced a photograph into the record; and discussed disabled vehicles in apartment complexes; notification; and the responsibility of the property owner. FINDING OF FACT: "In the case of Code Enforcement Board Number CEB-99-612 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, heard at this meeting, the sworn testimony of the Code Inspector. Based upon these proceedings, I move that Harcum M. Roebuck of 141-147 Cory Lane are in violation of Section 20-433. [Disabled Motor Vehicle] of the Code of the City of Winter Springs, and that an appropriate Relief Order be issued at this meeting". MOTION BY VICE CHAIRPERSON L YZEN. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE: LURENE LYZEN: AYE; JOANNE KREBS: AYE; KEN FURTH: AYE; CHUCK HOLZMAN: AYE; PAUL FINNEGAN: AYE; JAMES B. PITTS: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 1999 Page II of 16 (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "In the case of Code Enforcement Board Number CEB-99-612 of the City of Winter Springs, Harcum M. Roebuck having been found in violation of Section 20-433. [Disabled Motor Vehicle] of the Code of the City, I move that Harcum M. Roebuck be given seven (7) days after notification to come into compliance, with regards to this violation. If compliance is not achieved by that date, a fine of $25.00 will be imposed per day until compliance is achieved, as verified by an Officer of this City. Furthermore, any and all future reoccurences of this violation, after compliance as been achieved, will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an Officer of this City". MOTION BY VICE CHAIRPERSON L YZEN. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE: PAUL FINNEGAN: AYE; JAMES PITTS: AYE; CHUCK HOLZMAN: AYE; KEN FURTH: AYE; LURENE LYZEN: AYE; JOANNE KREBS: AYE. MOTION CARRIED. Y. Case Number CEB-99-613 149-155 Cory Lane Harcum M. & Evelyn K. Roebuck Section 20-433. (Disabled Motor Vehicle) Ms. Cook asked, "Is anyone here representing 149-155 Cory Lane? Let the record show no one answered". Code Enforcement Officer Cook introduced a photograph to the Board. The Board briefly discussed notification; ownership of the property; and the lack of assigned parking spaces. (AMENDED) FINDING OF FACT: "In the case of Code Enforcement Board Number 99-613 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 Harcum M. Roebuck & Evelyn K. Roebuck of 149-155 Cory Lane is in violation of Section 20-433. [Disabled Motor V ehic1e] of the Code of the City of Winter Springs, and that an appropriate Relief Order be issued at this meeting". MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: JAMES PITTS: AYE; CHUCK HOLZMAN: AYE; LURENE LYZEN: AYE; KEN FURTH: AYE; JOANNE KREBS: AYE; PAUL FINNEGAN: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 1999 Page 12 of 16 RELIEF ORDER - ORDER OF THE BOARD: "In the case of Code Enforcement Board Number 99-613 of the City of Winter Springs, Harcum M. & Evelyn K. Roebuck having been found in violation of Section 20-433. [Disabled Motor V ehic1e] of the Code of the City of Winter Springs, I move that Harcum M. & Evelyn K. Roebuck be given seven (7) days after notification to come into compliance, with regards to this violation. If compliance is not achieved by that date, a fine of $25.00 will be imposed per day until compliance is achieved, as verified by an Officer of this City. Furthermore, any and all future occurrences of this violation, after compliance as been achieved, will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an Officer of this City". MOTION BY BOARD MEMBER FURTH. SECONDED BY VICE CHAIRPERSON LYZEN. DISCUSSION. VOTE: CHUCK HOLZMAN: AYE; JOANNE KREBS: AYE; KEN FURTH: AYE; PAUL FINNEGAN: AYE; JAMES PITTS: AYE; LURENE LYZEN: AYE. MOTION CARRIED. GG. Case Number CEB-99-506 352 Riunite Circle Rosa H. Pacheco Section 20-433. (Disabled Motor Vehicle) Ms. Cook explained the case; showed a photograph of the vehicle in question; and read a letter from Ms. Rosa H. Pacheco into the record. (See Attachment "D") The Board discussed, with Ms. Pacheco, extenuating circumstances; and the time the Respondent would need to come into compliance. FINDING OF FACT: "In the case of Code Enforcement Board Number CEB-99-506 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 Rosa H. Pacheco of 352 Riunite Circle is in violation of Section 20-433. [Disabled Motor Vehicle] of the Code of the City of Winter Springs, and that an appropriate Relief Order be issued at this meeting". MOTION BY VICE CHAIRPERSON L YZEN. SECONDED BY BOARD MEMBER HOLZMAN. DISCUSSION. VOTE: LURENE L YZEN: AYE; JOANNE KREBS: AYE; PAUL FINNEGAN: AYE; CHUCK HOLZMAN: AYE; JAMES PITTS: AYE; KEN FURTH: AYE. MOTION CARRIED. There was brief discussion regarding fines. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21,1999 Page 13 of 16 RELIEF ORDER - ORDER OF THE BOARD: "In the case of Code Enforcement Board Number 99-506 of the City of Winter Springs, Rosa H. Pacheco has been found in violation of Section 20-433. [Disabled Motor Vehicle] of the Code of the City, I move that Rosa H. Pacheco be given thirty (30) days after notification to come into compliance, with regard to this violation. If compliance is not achieved by that date, a fine of $25.00 will be imposed per day until compliance is achieved, as verified by an Officer of this City. Furthermore, any and all future recurrences of this violation, after compliance as been achieved, will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an Officer of this City. Since Rosa Pacheco is present and has heard the Order of the Board, I further move that due notification has been given as of this meeting". MOTION BY BOARD MEMBER FURTH. SECONDED BY CHAIRPERSON LYZEN. DISCUSSION. VOTE: PAUL FINNEGAN: JAMES PITTS: AYE; CHUCK HOLZMAN: AYE; LURENE LYZEN: KEN FURTH: AYE; JOANNE KREBS: AYE. MOTION CARRIED. VICE AYE; AYE; HH. Case Number CEB-99-507 335 Riunite Circle Erminda Rolon Section 20-433. (Disabled Motor Vehicle) Code Enforcement Officer Cook asked, "Nobody's here from 335 Ruinite? Let the record indicate that no one came forward to speak on behalf'. Ms. Cook briefly spoke about disabled vehicles; fines; and time to come into compliance. FINDING OF FACT: "In the case of Code Enforcement Board Number 99-507 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. I move that Erminda Rolon of 335 Riunite Circle is in violation of Section 20-433. [Disabled Motor Vehicle] of the Code of the City of Winter Springs, and that an appropriate Relief Order be issued at this meeting". MOTION BY BOARD MEMBER HOLZMAN. SECONDED BY CHAIRPERSON L YZEN. DISCUSSION. VOTE: LURENE L YZEN: JOANNE KREBS: AYE; CHUCK HOLZMAN: AYE; JAMES PITTS: PAUL FINNEGAN: AYE; KEN FURTH: AYE. MOTION CARRIED. VICE AYE; AYE; CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 1999 Page 14 of 16 RELIEF ORDER - ORDER OF THE BOARD: "In the case of Code Enforcement Board Number 99-507 of the City of Winter Springs, Erminda Rolon having been found in violation of Section 20-433. [Disabled Motor Vehicle] of the Code of this City, I move that Erminda Rolon be given seven (7) days after notification to come into compliance, with regard to this violation. If compliance is not achieved by that date, a fine of $25.00 per day will be imposed until compliance is achieved, as verified by an Officer of this City. Furthermore, any and all future recurrences of this violation, after compliance as been achieved, will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an Officer of this City". MOTION BY BOARD MEMBER HOLZMAN. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: JOANNE KREBS: AYE; KEN FURTH: AYE; JAMES PITTS: AYE; PAUL FINNEGAN: AYE; CHUCK HOLZMAN: AYE; LURENE LYZEN: AYE. MOTION CARRIED. LL. Case Number CEB-99-595 322 Cello Circle Juan C. Roque & Paula Torres Section 20-433. (Disabled Motor Vehicle) Ms. Cook asked, "Is anyone here from 322 Cello Circle. No". Code Enforcement Officer Cook explained information regarding the case; and notification. FINDING OF FACT: "In the case of Code Enforcement Board Number 99-595 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 Juan C. Roque & Paula Torres of 322 Cello Circle are in violation of Section 20-433. [Disabled Motor Vehicle] of the Code of the City of Winter Springs, and that an appropriate Relief Order be issued at this meeting". MOTION BY BOARD MEMBER FURTH. SECONDED BY CHAIRPERSON LYZEN. DISCUSSION. VOTE: PAUL FINNEGAN: CHUCK HOLZMAN: AYE; JAMES PITTS: AYE; LURENE LYZEN: JOANNE KREBS: AYE; KEN FURTH: AYE. MOTION CARRIED. VICE AYE; AYE; CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 2\, \999 Page I 5 0 f 16 RELIEF ORDER - ORDER OF THE BOARD: "In the case of Code Enforcement Board Number 99-595 of the City of Winter Springs, Juan C. Roque & Paula Torres having been found to be in violation of Section 20-433. [Disabled Motor Vehicle] of the Code of this City, I move that Juan C. Roque & Paula Torres be given seven (7) days after notification to come into compliance, with regard to this violation. If compliance is not achieved by this date, a fine of $25.00 per day will be imposed until compliance is achieved, as verified by an Officer of the City. Furthermore, any and all future recurrences of this violation, after compliance as 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 BOARD MEMBER FURTH. SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. VOTE: LURENE L YZEN : AYE; JOANNE KREBS: AYE; PAUL FINNEGAN: AYE; CHUCK HOLZMAN: AYE; JAMES PITTS: AYE; KEN FURTH: AYE. MOTION CARRIED. Ms. Cook spoke with persons in the audience as to which cases they were present for. III. DISCUSSION OF GENERAL ISSUES The Board asked about case number CEB-99-517 and the Finding of Fact for the case. Ms. Cook informed the Board that she would look into the status of the case. There was discussion regarding how the meetings are conducted, as to notifying persons that are present for the meeting if their case will be heard at the meeting. Code Enforcement Officer Cook said that she would also look into this matter. Board Member Finnegan stated for the record, "I have declared for candidacy for District Two Commissioner, City of Winter Springs, as of, I believe, officially last Friday. I'm not sure exactly when the paper was done because of the hurricane and delays by the City Council, City Government. I had gone out to private Legal Counsel for advice. Also, I have requested of the Acting City Attorney and various other Members to clarify my position as a Member of this Board, that there would be no conflict, that there would be no ethics violations, that I am aware of, or anyone else is aware of, that to be know. Mr. Bob Guthrie, our Acting City Attorney, has faxed to our Acting City Clerk documents from the Florida Department of State, Katherine Harris, Division of Elections". "Also, I'd like to document, if! may, the Secretary of State and Sunshine Law applicable to Special Committee of City Council. It is via these findings, to not elaborate exactly the documents but to summarize them, that since we, Members of this Council, are not paid Members, we are given a stipend to attend and that we are appointed Members, rather than elected by the general populous, that I do not have any conflict of interest or ethic violations. I go on this assumption given to Council, given the Acting City Attorney's advice. If any Member ofthis-" CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULARMEETING-SEPTEMBER21,1999 Page 160f16 Tape 2/Side A (The last portion of Board Member Finnegan's comments were not recorded due to the tape change.) Board Member Finnegan then said, "Just to state for the record, I think tonight's actions by parties of this City, by this Board, were exemplary. I again state for the record, as I did previously, at no time shall any Member of this Board be degraded by any member of the City, City Staff. Nor should the City Staff be degraded by anybody of this Board, or any members in a public forum. I ask that if this happens again, that it immediately be curtailed, that be person be given Robert's Rules of Order, as you have read, and they be asked to leave the meeting immediately, and/or, if necessary, that Law Enforcement be called to subject them to expulsion [Tom the meeting, if the do not use civility". Discussion ensued regarding a Law Enforcement Officer attending the Board's Meetings; the length of time it took for the Law Enforcement Officer to arrive, once called; and providing information to the Chief of Police. Ms. Cook said, "I do have to go on record saying that tonight was unusual. When, in the field, sometimes, not a whole lot, but once in awhile, I do run across some angry people. And people that don't want to comply with the regulations, and at any time that I've called the Police, the Officers have responded in a timely fashion with courtesy and backing me up, no questions asked. They don't want an explanation, they are there". Discussion continued regarding the incident that occurred at this meeting. A. Presentation of Handbooks to Board Members from the City Clerk's Office This Agenda Item was not discussed. IV. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 9:27 p.m. Note: Due to technical difficulties a portion of the meeting was not recorded.. Minutes Respectfully Submitted by: Andrea Lorenzo-Luaces Interim City Clerk Amy R. Lovingfoss Interim Assistant City Clerk DOCS\boards\codeenfo\alll\minutes\1999\092199.doc