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Home My WebLink About2000 04 18 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 18, 2000 I. CALL TO ORDER Chairperson Joanne Krebs called the meeting to order at 7:03 p.m. on Tuesday, April 18, 2000, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). A moment of silence followed. Roll Call Chairperson Joanne Krebs, present Vice Chairperson Lurene Lyzen, present Board Member Mel Glickman, absent Board Member Paul Finnegan, present Board Member Ken Furth, present Board Member Chuck Holzman, present Board Member James B. Pitts, present Also Present Ms. C. Jimette Cook, Code Enforcement Manager Approval of the March 21, 2000 Regular Meeting Minutes Chairperson Krebs stated, "We'll go ahead and look for a Motion to approve the March 21st Minutes". "SO MOVED". MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FINNEGAN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER HOLZMAN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 18,2000 PAGE 2 OF 6 II. REGULAR AGENDA Ms. C. Jimette Cook, Code Enforcement Manager, informed the Board that they would hear only two (2) cases at this meeting. The following cases would not be heard at this meeting due to a "lack of service" or they were in compliance: A. Case Number CEB-99-653 351 East State Road 434 Angela Jacobson Tenant: Jacobson, McClean, Chmelir & Ferwerda Law Firm Section 16-53. (No Sign Permit) B. Case Number 00002439 140-146 Cory Lane Virginia V onderlippe Owner Of Vehicle: Darryl W. Valentine Section 20-433. (Disabled Motor Vehicle) C. Case Number 00002441 131 Cory Lane Harcum M. Roebuck Section 20-433. (Disabled Motor Vehicle) D. Case Number CEB-00-125 1035 Northern Way James 1. Yates Section 20-411. (R V) E. Case Number CEB-00-149 350 West State Road 434 Aggarwal Pension Trust Fund Tenant: Sir Walter's Pub Section 10-26. (No Occupational License) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL) 8,2000 PAGE 3 OF 6 F. Case Number CEB-00-150 1255 Belle Avenue, #142 MZL Partners Tenant: Maritza Belowski And Scott Belowski (Sunbelt Medical Supply & Oxygen, Inc.) Section 10-26. (No Occupational License) H. Case Number CEB-00-179 60 South Edgemon Avenue Randall E. Grant And Irene E. Grant Tenant: Mollie Hamilton Section 20-411. (Boat And Trailer) I. Case Number CEB-00-180 61 South Edgemon Avenue Tina Mines Section 20-411. (Boat And Trailer) J. Case Number CEB-00-195 132-138 Cory Lane Vera Amar Section 10-26. (No Occupational License) L. Case Number CEB-00-197 Parcel: 11-21-30-3AG-147D-0000 (Lot 6) Shirley A. Squires, Trustee Section 13-2. (Overgrown Plant Material, Accumulation Of Dead Plant Material) M. Case Number CEB-00-199 Parcel: 11-21-30-3AG-147G-0000- (Lot 7) Thurston W. Squires Trustee Section 13-2. (Overgrown Plant Material, Accumulation Of Dead Plant Material) N. Case Number CEB-00-210 130 East Bahama Road King J. And Sindy Smith Section 13-1. (Storing Debris And Materials Outside) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 18,2000 PAGE4 OF 6 .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER DISCUSSED. .:. .:. G. Case Number CEB-00-167 670 East State Road 434 Donald And Francine Greene Tenant: Richard Todd - Nationwide Pest Control Section 20-103. (Using A Building And Land For Purpose Or Use Other Than One Designated In Chapter 20 [Pest Control Business ]) Ms. Cook informed the Board that this case has come before the City Commission, and stated "I'm asking to abate this, and that means I'm going to suspend it. I just want this on the record. I'm just going to keep it open, keep it pending. He does have notice, it is not in compliance, but we're not ready to hear the case. We're giving him an extended time period. I'm abating this. I don't need a Motion for it, I just want it on the record". K. Case Number CEB-00-196 300 State Road 434 (Village Market) Aggarwal Pension Trust Fund Section 13-2. (Retention Pond Overgrown, Trash And Debris Around Back Of Shopping Center) Ms. Cook informed the Board that the Respondent was appropriately noticed for this evening's meeting and that the he responded in writing; and stated, "Let the record indicate no one is here to represent Mr. Aggarwal". Code Enforcement Manager Cook spoke to the Board about a umelated case the Board made a decision on being in the appeal process; reasons for the appeal from the Respondent; and the City not objecting to continuing the case. There was brief discussion regarding reasons for continuing the case; and a letter written by the Respondent. The Statement of Violation and Notice of Hearing for this case, along with the Certified Mail Delivery Return Receipt, was entered into the record by Ms. Cook. Chairperson Krebs called for a recess at 7:08 p.m. Chairperson Krebs reconvened the Meeting at 7: 1 0 p.m. Ms. Cook spoke to the Board regarding the two (2) violations that the Respondent was charged for on the property; and read two (2) letters for the record, one written by the Respondent in response to the charges, dated March 31, 2000 (Attachment "A"); and CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 18,2000 PAGE 5 OF 6 another written in response from the Code Enforcement Department, dated April 12, 2000 (Attachment "B"). Code Enforcement Manager Cook further read for the record a written complaint regarding the property from a citizen dated March 30, 2000 (Attachment "e'); and entered into the record the Certified Mail Delivery Return Receipt from her letter dated April 12, 2000. Discussion ensued regarding the Code Enforcement Department receiving telephone complaints about the property; the Respondent being notified of this meeting; a "telephone log" of telephone complaints being kept by the Code Enforcement Department; anonymous complaints; records to support this case; the owners of the Winter Springs Village Market; the retention pond being the responsibility of the property owner; the purpose of the retention pond; Ms. Cook working with the City of Winter Springs Public Works and Stormwater Departments to determine that the retention pond is not the City's responsibility; surrounding property; and if any safety issues exist which are critical. BOARD MEMBER PITTS STATED, "MY CONCERN IS, THERE MIGHT BE SOME CONFUSION IN THE TRANSFER OF THE LETTERS BACK AND FORTH. KNOWING THE PAST HISTORY OF THIS PARTICULAR SITUATION, I WOULD PROBABLY FEEL MORE COMFORTABLE IF WE WOULD ENTERTAIN A MOTION, MADAM CHAIR, TO POSSIBLY DELAY THIS FOR THIRTY (30) DAYS, WITH CORRESPONDENCE OR COMMUNICATION BETWEEN YOU AND HE". BOARD MEMBER PITTS WAS ASKED, "IS THAT A MOTION?", TO WHICH HE REPLIED "I WILL BE MORE THAN HAPPY TO MAKE THAT IN THE FORM OF A MOTION. SO MOVED". SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. The Board discussed if the property should be surrounded by a fence; the City's requirements regarding fences around retention ponds; the heavy overgrowth of the pond restricting access to the pond, and also making it hard to see and photograph; and the amount of time needed to clear the pond. AMENDMENT TO THE MOTION BY BOARD MEMBER PITTS, "I WOULD JUST LIKE TO AMEND THE MOTION TO REFLECT THAT WE WOULD HEAR THIS CASE AT THE NEXT REGULAR MEETING OF THIS BOARD". SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. VOTE (ON THE AMENDMENT): BOARD MEMBER FINNEGAN : AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 18,2000 PAGE60F6 BOARDMEMBERHOLZMAN: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON L YZEN : AYE MOTION CARRIED. VOTE (ON THE MAIN MOTION): BOARD MEMBER HOLZMAN : AYE VICE CHAIRPERSON L YZEN : NAY CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER FINNEGAN : NAY BOARD MEMBER PITTS: AYE MOTION CARRIED. Ms. Cook advised the Board that "We will notice and make sure he understands. I'll call him on the phone in addition to sending out notices". Ms. Cook was advised to "Make very clear in your letter exactly what is expected to be in compliance, or to be present, or to be represented, in 'layman's terms' so there is no confusion". Code Enforcement Manager Cook agreed, and mentioned "Doing a site visit", if the Respondent agrees to it, to make sure it is understood what the City requires of the property owner. III. DISCUSSION OF GENERAL ISSUES There was discussion about City Staff's knowledge of retention ponds in the City; the functions of the Stormwater Department; cisterns; how retention ponds are "calculated" when built; the hiring of a new Code Enforcement Inspector, Mr. Dan Lawrence; the City of Winter Springs Arbor Day Celebration being held on Saturday, April 29, 2000; and letters presented to the Board by Ms. Cook, that convey comments that City Departments have made in reference to a case, and those letters being made part ofthe record. IV. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 7:31 p.m. Minutes Respectfully Submitted by: Amy R. Lovingfoss, City Clerk's Office City of Winter Springs S :\City Clerk\Docs\ W ord\BOARDS\CO DEENFO\ALLL\M INUTES\2000\minceb-041800.doc