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Home My WebLink About2000 06 27 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 27, 2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) I. CALL TO ORDER Chairperson Joanne Krebs called the meeting to order at 7:00 p.m. on Tuesday, June 27, 2000, 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 Chairperson Joanne Krebs, present Vice Chairperson Lurene Lyzen, present Board Member Mel Glickman, present 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 Mr. Daniel Lawrence, Code Enforcement Inspector Approval of the May 16, 2000 Regular Meeting Minutes MOTION BY VICE CHAIRPERSON L YZEN. "I'LL MOVE TO ACCEPT THE MINUTES OF MAY 16TH, AS WRITTEN". SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER GLICKMAN: AYE BOARD MEMBER HOLZMAN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27, 2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 2 OF 17 II. REGULAR AGENDA Ms. C. Jimette Cook, Code Enforcement Manager, informed the Board that they would hear only four (4) cases at this meeting. The following cases would not be heard at this meeting: A. Case Number CEB-99-653 351 East State Road 434 Angela Jacobson Tenants: Jacobson, McClean, Chmelir & Ferwerda Law Firm Section 16-53. (No Sign Permit) B. Case Number CEB-99-718 632 Pearl Road Shelia Jackman Section 20-433. (Disabled Motor Vehicle) - Repeat Violation C. Case Number CEB-00-216 625 Mami Drive Andrew Ciringione Chapter 5 (No Arbor Permit) E. Case Number CEB-00-283 1775 Seneca Boulevard Robert T. And Beulah B. Ali-Carr Section 6-46. (No Building Permit - Solar Panels) G. Case Number CEB-00-308 903 Oak Forest Drive Cristy H. Donis Section 6-46. (No Building Permit - Fence) H. Case Number CEB-00-309 921 Oak Forest Drive Scott T. And Rhonda L. Yetton Section 6-46. (No Building Permit - Siding Installed) I. Case Number CEB-00-321 136 East Bahama Road Richard S. And Lee M. Burke Section 20-432. (Commercial Vehicles) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27. 2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 3 OF 17 J. Case Number CEB-00-322 211 Shore Road Janice A. Brockington And Veit U. Renn Section 6-46. (No Building Permit - Irrigation System) K. Case Number CEB-00-323 209 Shore Road Deborah A. Montevechi Section 6-46. (No Building Permit - Tent) L. Case Number CEB-00-330 576 Green Spring Circle John A. And Julia Alexander Tenant: Clayton Thompson Section 20-433. (Disabled Motor Vehicle) M. Case Number CEB-00-334 115 Elderwood Street Rosa M. Figueroa And Nelson Figueroa Section 20-433. (Unlicensed Vehicle) O. Case Number CEB-00-346 204 Moss Road Mary J. Shearer, Trustee FBO Kenneth G. And S.L. Furboter Section 20-411. (Boat And Trailer) P. Case Number CEB-00-348 136 East Bahama Road Richard S. And Lee M. Burke Section 10-26. (No Occupational License) Q. Case Number CEB-00-356 40 North Cortez Avenue Ezzuldien H. Elgayar Section 13-2. (Trash And Debris) R. Case Number CEB-00-360 895 West State Road 434 Miljenko Muzic Section 16-57. (Illegal signs) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27,2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 4 OF 17 S. Case Number CEB-00-361 550 East State Road 434 Cumberland Farms #9537 Section 16-57. (Illegal signs) T. Case Number CEB-00-362 Vacant Lots (Dunmar Estate) Robert J. Stowell Section 13-2. (Overgrown Plant Material And Accumulation of Dead Plant Material) U. Case Number CEB-00-365 862 Gazelle Trail Bonita S. Evans Section 6-46. (No Building Permit - Fence) W. Case Number CEB-00-389 209 Sweetgum Court Argelio Cruz Section 20-411. (Boat And Trailer) X. Case Number CEB-00-391 108 Elderwood Street Michael J. And Heather J. Holden Section 20-433. (Disabled Motor Vehicle - Unlicensed) Y. Case Number CEB-00-436 64 South Cortez Avenue Stacey Bowersox Section 20-432. (Commercial Equipment) Z. Case Number CEB-00-440 617 David Street Bob H. And Tammy R. Rode Section 6-46. (No Building Permit - Above Ground Pool) Ms. Cook introduced Mr. Daniel Lawrence, the City's new Code Enforcement Inspector, to the Board; and mentioned some of the work Mr. Lawrence has done for other Cities, along with the work currently being done for the City of Winter Springs. The Clerk swore in those persons who may be providing testimony during the presentation of this meeting's cases. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27, 2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 5 OF 17 D. Case Number CEB-00-232 708 Lancewood Drive Robert A. And Teria D. Kench Section 6-46, (No Building Permit - Shed) Ms. Cook explained the history of the case; and that the property was posted in order to notify the owner of this meeting (as the owner had not signed for the Certified Mail, which gave notice of the meeting.) The Statement of Violation and Notice of Hearing for this case, along with the Affidavit of Posting and a photograph of the violation, was entered into the record by Ms. Cook. Code Enforcement Manager Cook informed the Board that the homeowner is ready to pull the permit and thus asked the Board for a continuance on this case until the July 2000 Regular Meeting. (AMENDED) FINDING OF FACT: "MADAM CHAIR, I WOULD MAKE A MOTION FOR CONTINUANCE ON CEB-00-232, THE PROPERTY AT 708 LANCEWOOD DRIVE, ROBERT A. AND TERlA D. KENCH, UNTIL THE JULY MEETING OF THE BOARD". MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER GLICKMAN. DISCUSSION. VOTE: BOARD MEMBER FINNEGAN : AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER GLICKMAN: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. F. Case Number CEB-00-297 147 West State Road 434 David Van Chapter 16 (Illegal Signs) 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. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27, 2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 6 OF 17 Code Enforcement Manager Cook explained that the property in question is the Winter Springs Food Market; that signs on the property were posted without first obtaining a permit from the City and were in violation of City Ordinances; that the property lies within the State Road 434 Corridor Vision Plan Overlay District, which regulates signage further than the City Codes; that there was a delay in bringing the case before the Board; and that Ms. Cook had made a site visit to the store and showed the property owner which signs were in violation. Photographs were shown to the Board that depicted the signs that are in violation; and the quantity of signs and dates of notification and contact were discussed. Mr. David Van, 147 West State Road 434, Winter Springs, Florida 32708: spoke to the Board about advertisement being a necessity for his business; posting signs along State Road 434; and stated that other businesses in the area post signs in the same manner. Discussion ensued regarding the types of signs that can be displayed without a permit; Mr. Van's efforts to obtain permits; the signage for other businesses along State Road 434; the need of the property owner to advertise his business; sign regulations; which signs the property owner would not be able to obtain a'permit for; and other businesses in the City being sited for similar violations. Ms. Cook stated, "There were some other businesses on 434, we did site them. The convenience stores along 434 that are within the City limits, as of 4:30 this evening, were in compliance. Perhaps he's thinking of some convenience stores that are right outside the City limits, and that may be where the confusion lies - doesn't have anything to do with his charge. But I did want to clear that up for the record, that we're not just tagging him". There was discussion as to which signs were already permitted; if a member of the City's Staff can assist Mr. Van in understanding the City's sign codes; several of the signs not being wind tolerant; proliferations of signs not being allowed; costs of advertising; being fair to all property owners; the possibility of the property owner obtaining a consultant who can help with advertising and signage; vendors posting signs on the property without notifying the owner; finding a solution by working with the City; the type of adjudication and fine the City is seeking in this case; and working with Staff who is familiar with sign regulations. CITY OF WINTER SPRINGS MfNUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27,2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 7 OF 17 FINDING OF FACT: "IN THE CASE OF CEB-00-297 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 THE CODE INSPECTOR, AND MR. VAN. BASED UPON THESE PROCEEDINGS, I MOVE THAT MR. VAN OF 147 WEST STATE ROAD 434 IS IN VIOLATION OF CHAPTER 16. [ILLEGAL SIGNS] OF THE CODE OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IN THIS MEETING". MOTION BY BOARD MEMBER FINNEGAN. SECONDED BY BOARD MEMBER GLICKMAN. DISCUSSION. VOTE: BOARD MEMBER HOLZMAN: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER GLICKMAN : AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-297 OF THE CITY OF WINTER SPRINGS, DAVID VAN, HAS BEEN FOUND TO BE IN VIOLATION OF CHAPTER 16. [ILLEGAL SIGNS] OF THE CODE OF THIS CITY, I MOVE THAT DAVID VAN BE GIVEN FOURTEEN (14) 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 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. MR. VAN IS PRESENT AND HAS HEARD THE ORDER OF THIS BOARD, AND I FURTHER MOVE THAT THE DUE NOTIFICATION HAS BEEN GIVEN AS OF THIS MEETING". MOTION BY BOARD MEMBER FURTH. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27,2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 8 OF 17 VOTE: BOARD MEMBER GLICKMAN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER FINNEGAN: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON L YZEN : AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. Chairperson Krebs explained to Mr. Van what the Order of the Board means, specifically; what the process would be if there were a reoccurrence of the violation; that Mr. Van may obtain a copy of the meeting's minutes; and how the case can be appealed. N. Case Number CEB-00-336 312 Birch Terrace Raymond Rodriguez Tenant: Liza La Boy-Orta Section 20-433. (Disabled Motor Vehicle) The "Warning Courtesy Notice [Notice of Code Violation] that was left at the residence", the Statement of Violation and Notice of Hearing that was mailed to the property owner and tenant, and the Affidavit of Posting was entered into the record by Ms. Cook. Code Enforcement Manager Cook displayed a photograph of the violation and discussed the condition of the disabled vehicle; that the Affidavit of Posting was moved from the property; and the type of adjudication and fine the City is seeking in this case. Ms. Cook asked the audience, "If anybody is here to represent 312 Birch Terrace? And the record indicates that no one came forward". Discussion ensued regarding posting the Order of the Board on the property; due process of notice; that the house does not appear to be abandoned or vacant; that no one has contacted the Code Enforcement Department in regards to this case; obtaining information on who the owner of the vehicle is; and that the property owner is ultimately responsible for the violation on the property, even though there is a different tenant. FINDING OF FACT:, "IN THE CASE OF CEB-00-336 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 CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27,2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) . PAGE90F17 RAYMOND RODRIGUEZ AND TENANT LIZA LA BOY-ORTA OF 312 BIRCH TERRACE 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 GLICKMAN. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER GLICKMAN : AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER HOLZMAN : AYE BOARD MEMBER FINNEGAN : AYE MOTION CARRIED. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CEB-00-336 OF THE CITY OF WINTER SPRINGS, RAYMOND RODRIGUEZ, AS OWNER, AND LIZA LA BOY-ORTA, AS TENANT, HAVING BEEN FOUND IN TO BE VIOLATION OF CITY ORDINANCE [SECTION] 20-433. [DISABLED MOTOR VEHICLE] OF THE CODE OF THIS CITY, I MOVE THAT RAYMOND RODRIGUEZ BE GIVEN FOURTEEN (14) DAYS AFTER THE CHAIRPERSON SIGNS THE ORDER OF THE CODE ENFORCEMENT BOARD, TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. 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 HAS BEEN ACHIEVED WILL IMMEDIATELY CAUSE THE STATED FINE TO BE IMPOSED UNTIL COMPLIANCE IS AGAIN ACHIEVED, BY VERIFICATION OF THE CITY". MOTION BY BOARD MEMBER PAUL FINNEGAN. SECONDED BY BOARD MEMBER GLICKMAN. DISCUSSION. AMENDMENT TO THE ABOVE (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: AMENDMENT BY CHAIRPERSON KREBS TO CHANGE THE MOTION FROM "...RAYMOND RODRIGUEZ BE GIVEN FOURTEEN (14) DAYS TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION" TO READ "RAYMOND RODRIGUEZ BE GIVEN FOURTEEN (14) DAYS AFTER THE CHAIRPERSON SIGNS THE ORDER OF THE CODE ENFORCEMENT CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27, 2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 100F 17 BOARD, TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION". SECONDED. DISCUSSION. VOTE (ON THE AMENDMENT): CHAIRPERSON KREBS: AYE BOARD MEMBER GLICKMAN : AYE BOARDMEMBERHOLZMAN: AYE VICE CHAIRPERSON L YZEN : AYE BOARD MEMBER FINNEGAN: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. VOTE (ON THE ORIGINAL MOTION): CHAIRPERSON KREBS: AYE VICE CHAIRPERSON L YZEN : AYE BOARD MEMBER GLICKMAN: AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER PITTS: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. There was discussion in reference to depicting both the property owner and the tenant in the previous Finding of Fact for this case. .:..:. AGENDA NOTE: THE FOLLOWING MOTION REPEALS THE PREVIOUS FINDING OF FACT FOR CASE NUMBER CEB-00-336 AND ESTABLISHES THE FINAL FINDING OF FACT FOR THIS CASE, AS HEARD DURING THIS MEETING. .:. .:. "IN THE CASE OF CEB-OO-336 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 RAYMOND RODRIGUEZ AND TENANT LIZA LA BOY-ORTA OF 312 BIRCH TERRACE 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, AND THAT WE REPEAL THE PREVIOUS MOTION AND ACCEPT THIS ONE". MOTION BY BOARD MEMBER GLICKMAN. SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27,2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 11 OF 17 VOTE: VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER GLICKMAN: AYE BOARD MEMBER HOLZMAN: AYE MOTION CARRIED. V. Case Number CEB-OO-378 50 South Fairfax Avenue Mark And Shar Thysell Section 13-2. (Trash And Debris) Mr. Daniel Lawrence, Code Enforcement Inspector, entered into record the original Notice of Code Violation, Statement of Violation and Notice of Hearing for this case, and the Certified Mail Delivery Return Receipt. Mr, Lawrence showed the Board a photograph of the violation; explained the types of trash and debris that were on the property; and that the violations were visible from the roadway. Code Enforcement Inspector Lawrence asked, "Is there anyone here from 50 South Fairfax? There is none". Discussion ensued regarding the City's Code as it applies to this case. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD CEB-OO-378 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 MARK AND SHAR THYSELL AT 50 SOUTH FAIRFAX AVENUE IS IN VIOLATION OF SECTION 13-2. [TRASH AND DEBRIS] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING". MOTION BY VICE CHAIRPERSON LYZEN. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27, 2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 12 OF 17 VOTE: BOARD MEMBER FINNEGAN : AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER GLICKMAN: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-378 OF THE CITY OF WINTER SPRINGS, MARK AND SHAR THYSELL, OF 50 SOUTH FAIRFAX AVENUE, HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 13-2. [TRASH AND DEBRIS] OF THE CODE OF THIS CITY, I MOVE THAT MARK AND SHAR THYSELL BE GIVEN FOURTEEN (14) 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 WILL BE IMPOSED PER DAY, PER VIOLATION, 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 VICE CHAIRPERSON L YZEN. SECONDED BY BOARD MEMBER GLICKMAN. DISCUSSION. VOTE: BOARD MEMBER HOLZMAN: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER GLICKMAN: AYE BOARD MEMBER FINNEGAN: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27, 2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 13 OF 17 III. DISCUSSION OF GENERAL ISSUES Tape l/Side B The Board and the Code Enforcement Department discussed the routine inspections that are conducted; the high number of Agenda Items that come into compliance prior to the meetings; the lack of community awareness regarding procedures for removing yard waste; and that the Agenda Items reflect only a "small fraction" of violations because most come into compliance within the time given. The Board requested to receive blank copies of the forms utilized by the Code Enforcement Department. Ms. Cook advised that she would provide the Board with those copies; and that she is currently working on the updates regarding the compliance of past cases, which the Board had previously requested. There was discussion about referring matters regarding notification to the City Attorney; integrating the Spanish language in the forms used by the Code Enforcement Department; and annual authorization by the Code Enforcement Board "For provisions for notice of service". MOTION BY CHAIRPERSON KREBS. "SO I MAKE IT A MOTION THAT THE CODE BOARD HEREBY AUTHORIZES ADDITIONAL PROVISIONS FOR NOTICE OF SERVICE TO INCLUDE POSTING OR PUBLICATION". SECONDED. DISCUSSION. VOTE: BOARD MEMBER GLICKMAN : AYE BOARD MEMBER FURTH: AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. The Clerk was asked to put the annual authorization of provisions for notice of service on the Agenda, annually, at the Regular Meeting when Elections of Officers are held. There was brief discussion in reference to citizens conducting commercial activity in their homes; and that proving commercial activity in residential areas is sometimes difficult to prove. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27, 2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE 14 OF 17 Board Member Finnegan: "Madam Chairman, one last notice that we've gone through before. Has this Board requested from the City Police Administration - that if a "Duty Officer" is available, and is not tied up into other direct official business of the City for the Police, that a member of the Police Force be here during these meetings?" And if so, have we been advised by Chief Kerr or his department of what their policy is or what they do- what they are intending to do in the future in reference to this." Chairperson Krebs: "Well, why don't we just make an informative official request - I , mean that this. . .." Board Member Finnegan: 'Do you understand why I am bringing this up?" Chairperson Krebs: "Absolutely, we thought we did - but I think-it's unanimous - that Amy, if you could make it that our official request is - our position is to have a police officer here, barring any emergencies elsewhere - in his - what is it called..." Vice Chairperson Lyzen: "Zone?" Chairperson Krebs: "Zone, thank you." Board Member Holzman: "Wouldn't it be better to just have one on standby?" Some of these people come in here - I think that would be kind of intimidating. Board Member Pitts: "I agree with you totally on that. I was going to ask for clarification as to why we need one on premises at the time. I think it almost gives the appearance of a police state." Board Member Glickman: "I don't think so at all." Board Member Pitts: "That's why we are all here to disagree." Board Member Glickman: "I see no difficulty with it at all. Just to maintain order." Board Member Finnegan: "...Clarification, when we have had problems in the past - the response rate was such that was.. .ofno..." Chairperson Krebs: "Poor..." Board Member Pitts: "Oh yeah, but we only... that only happened one time." Vice Chairperson Lyzen: "No, it's happened more than that." Board Member Pitts: "It's only happened once in a year." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27,2000 (ORIGlNALL Y SCHEDULED FOR JUNE 20, 2000) PAGE 15 OF 17 Vice Chairperson Lyzen: "Right..." Chairperson Krebs: "Well, we can do it in a form of a motion. I mean I understand, we can talk about it that it may appear to somebody intimidating.. .but..." Board Member Pitts: "I think it is." Chairperson Krebs: I can make a statement in the very beginning, or whoever is chairperson - that, you know, we could come up with a kind statement that's not for that purpose but just..." Board Member Finnegan: "Madam Chairman, the police officer does not have to be physically available within these chambers..." Chairperson Krebs: "No, that's true..." Board Member Finnegan: "As long as they are within the proximity of the chambers. I think that would solve the problem that we are looking at - rather than have the physical officer within the chambers that would alleviate any inference of a police state." Code Enforcement Inspector, Mr. Daniel Lawrence: Madam Chairperson, may I address the Board? Chairperson Krebs: "Yes." Code Enforcement Inspector, Mr. Daniel Lawrence: My experience has been where I worked before and here in Winter Springs, is that I think most people want to come into compliance and believe me I try to have as much contact with the people that I can and if we were going to bring someone to the Board who I thought was going to be a problem I would let Ms. Cook know immediately - then we would have a police officer here. Because I think most people want to come into compliance. I think that a lot of people are very busy doing a lot of different things and once they get the letter that says they have a hearing CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27, 2000 (ORlGINALL Y SCHEDULED FOR JUNE 20, 2000) PAGE 16 OF]7 The Board made an "Official Request" that a Police Officer be "on stand-by", in the area of City Hall, should the Board need Police assistance. The Code Enforcement Department advised that they would request a Police Officer be present if they feel a case has the potential to become hostile, or if the Respondent has previously displayed hostility. The Clerk was asked to make the Police Department aware of the Board's request and to provide the Board with a response from the Police Department. Chairperson Krebs advised that the "Chairperson is allowed to officially designate somebody to receive absentees [Notification when a Board Member will not be able to attend a meeting], other than myself. So I'm officially designating the Clerk's Office, and all Assistants to receive that information, also, and to pass that on". The Board welcomed Mr. Lawrence to the City and relayed that they were happy to have his assistance. There was discussion regarding the Code Enforcement Workshop that the Board had recently attended; and what they -learned. Chairperson Krebs asked the Board if they were in agreement to ask the City Commission to appoint two (2) alternate Board Members to the Board, as they are a seven (7) member Board and able to do so. The Board was in agreement and the Code Enforcement Manager and the Clerk were asked make the City Commission aware ofthis Issue. The Board wished Board Member Chuck Holzman, and his wife Ruth, a Happy Anniversary! CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 27,2000 (ORIGINALLY SCHEDULED FOR JUNE 20, 2000) PAGE \7 OF 17 IV. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 8:20 p.m. Minutes Respectfully Submitted by: Amy R. Lovingfoss, City Clerk's Office City of Winter Springs