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Home My WebLink About2000 09 19 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 19,2000 I. CALL TO ORDER Chairperson Joanne Krebs called the meeting to order at 7:00 p.m. on Tuesday, September 19, 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, Code Enforcement Division Mr. Michael Mingea, City Arborist, Code Enforcement Division Tania Haas, Deputy City Clerk, Office Of The City Clerk Approval of the August 15, 2000 Regular Meeting Minutes Chairperson Joanne Krebs stated "I am looking for a Motion to approve the August 15th, Regular Meeting Minutes." "SO MOVED." MOTION BY VICE CHAIRPERSON L YZEN. SECONDED BY BOARD MEMBER GLICKMAN. 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 - SEPTEMBER 19,2000 PAGE 2 OF 12 II. REGULAR AGENDA The Clerk swore in those persons who may be providing testimony during the presentation of this meeting's cases. Ms. C. Jimette Cook, Code Enforcement Manager, informed the Board that they would hear only one (l) case at this meeting. The following cases would not be heard at this meeting: A. Case Number CEB-00-705 243 Buttonwood Avenue Dennis R. And Joann R. Jones Section 20-433. (Disabled Motor Vehicle - Unlicensed) B. Case Number CEB-00-713 1011 Taproot Drive Shari B. Douglas Section 6-195. (Fence In Disrepair) C. Case Number CEB-00-714 432 Hawthorne Circle South Roger J. And Carol Larsen Section 6-195. (Fence In Disrepair) D. Case Number CEB-00-775 629 David Street Scott C. And Michelle Reardon Section 20-411. (Trailer) E. Case Number CEB-00-813 31 North Cortez Avenue Ronald G. Lesage And Corey A. Folan Section 20-411. (Boat And Trailer) F. Case Number CEB-OO-814 31 North Cortez Avenue Ronald G. Lesage And Corey A. Folan Section 20-433. (Disabled Motor Vehicle) G. Case Number CEB-00-815 31 North Cortez Avenue Ronald G. Lesage And Corey A. Folan Section 9-374. (No House Numbers) CITY OF WINTER SPRINGS MfNUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2000 PAGE 3 OF 12 H. Case Number CEB-00-816 31 North Cortez Avenue Ronald G. Lesage And Corey A. Folan Section 13-2. (Junk, Debris And Equipment Strewn Around Yard) I. Case Number CEB-00-821 75 South Edgemon Avenue David B. And Mary S. Olson Section 20-433. (Disabled Motor Vehicle - Unlicensed) Tenant: Erin Brunoehler J. Case Number CEB-00-837 35 South Devon Avenue Terri L. Swoape And James H. And Evelyn M. Stome Section 20-433. (Disabled Motor Vehicle) K. Case Number CEB-00-858 973 Papaya Lane Wayne A. And Sara L. Mooneyhan Section 6-195. (Fence In Disrepair) L. Case Number CEB-00-863 632 Murphy Road Anita Dobi, Janos J. And Maria M. Dobi Section 6-195. (Fence In Disrepair) M. Case Number CEB-00-864 204 South Moss Road Mary J. Shearer Trustee FBO Kenneth G. And S L Furboter Section 13-2. (Junk, Debris In Front Of Garage) N. Case Number CEB-00-865 206 Morton Lane Robert K. Jr. And Valerie G. Sommerville Section 20-433. (Disabled Motor Vehicle) O. Case Number CEB-00-871 50-56 North Fairfax Avenue Harcum M. And Everlyn K. Roebuck Section 6-195. And 13-2. (Fence In Disrepair, Yard Waste And Untended Grass Weeds) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19, 2000 PAGE40FI2 P. Case Number CEB-00-872 129 Alderwood Street North Bert Wortel And Ursula M. Cotr's Section 20-411. (Trailer) Tenant: April Cowart Q. Case Number CEB-00-877 204 South Moss Road Mary J. Shearer Trustee FBO Kenneth G. And S L Furboter Section 20-411. (Trailer) R. Case Number CEB-00-878 206 Morton Lane Robert K. Jr. And Valerie G. Sommerville Section 13-2. (Untended Grass And Weeds, Equipment Strewn Around, Junk And Debris) S. Case Number CEB-00-879 206 Morton Lane Robert K. Jr. And Valerie G. Sommerville Section 13-1. (Public Nuisance) T. Case Number CEB-00-881 Behind Badcock Plaza Aggarwal Pension Trust Fund Section 6-84. (Storage Units Installed In Violation Of City Code) U. Case Number CEB-00-886 1041 Chokecherry Drive Kevin M. And Josephine Wilkey Section 6-195. (Fence In Disrepair) V. Case Number CEB-00-892 617 David Street Bob H. And Tammy R. Rode Section 13-2. (Trash, Junk And Debris) W. Case Number CEB-00-896 229 Bennet Street Louise Robinson Section 6-195. (Fence In Disrepair) Tenant: Timothy Sierbert CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,20.00 PAGE 5 OF 12 X. Case Number CEB-00-903 231 Bitterwood Street Maria M. Gerrity Section 20-432 (Commercial Vehic1e) Tenant: Daniel Gerrity Y. Case Number CEB-00-936 220 Wade Street Albert Johnson Section 20-432. (Commercial Vehicle) Z. Case Number CEB-00-937 220 Wade Street Albert Johnson Section 13-2. (Untended Grass And Weeds, Junk And Debris) AA. Case Number CEB-00-943 701 Canadice Lane Myrtle M. Hutcheson And Mary E. Hutcheson And Linda D. Hutcheson Section 6-195. (Fence In Disrepair) BB. Case Number CEB-00-944 991 Tuskawilla Trail Lester Kaltenecker Section 13-2. (Untended Grass And Weeds) CC. Case Number CEB-00-945 991 Tuskawilla Trail Lester Kaltenecker Section 6-195. (Fence In Disrepair) DD. Case Number CEB-00-947 103 Lido Road Richard A. And Elizabeth Klempner Section 20-433. (Disabled Motor Vehicles - Three) EE. Case Number CEB-00-951 550 Fisher Road David J. And Catherine M. Borowski Section 6-46. (No Building Permit - Fence) FF. Case Number CEB-00-956 415 MacGregor Road Joseph R. Minnix Section 20-432. (Commercial Vehicle) GG. II. JJ. KK. LL. MM. NN. 00. PP. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2000 PAGE 6 OF 12 Case Number CEB-00-971 550 Fisher Road David J. And Catherine M. Borowski Section 6-46. (No Building Permit - Driveway) Case Number CEB-00-987 960 Papaya Lane Kenneth P.Goren And Donna Rose Section 20-432. (Commercial Equipment - Trailer) Case Number CEB-00-988 425 David Street Judith H. Zipay Section 13-2. (Junk, Debris, and Untended Grass and Weeds) Tenant: J B Padgett Case Number CEB-00-990 132-138 Cory Lane Vera Amar Section 13-2. (Untended Grass And Weeds) Case Number CEB-00-991 108-114 Cory Lane Harcum M. And Evelyn Roebuck Section 13-2. (Untended Grass And Weeds) Case Number CEB-00-992 100-106 Cory Lane Harcum M. Roebuck Section 13-2. (Untended Grass And Weeds) Case Number CEB-00-993 124-130 Cory Lane Harcum M. And Evelyn Roebuck Section 13-2. (Untended Grass And Weeds) Case Number CEB-00-994 116-122 Cory Lane Christopher And Marie L. Arce Section 13-2. (Untended Grass And Weeds) Case Number CEB-00-995 140-146 Cory Lane Virginia V onderlippe Section 13-2. (Untended Grass And Weeds) QQ. RR. SS. TT. DU. VV. WW. xx. YV. CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2000 PAGE 7 OF 12 Case Number CEB-00-996 148-154 Cory Lane Raymond L. And Rosemarie A. Morris Section 13-2. (Untended Grass And Weeds) Case Number CEB-00-I003 755 North Edgemon Avenue Greg And Beverly D. Grigorov Section 13-2. (Overgrown Lot) Case Number CEB-00-I004 757 North Edgemon Avenue Pablo Nieves Section 13-2. (Overgrown Lot) Case Number CEB-00-I013 317 Riunite Circle Emerson D. And Cheryl A. Aliff Section 6-195. (Fence In Disrepair) Case Number CEB-00-I014 317 Riunite Circle Emerson D. And Chery] A. Aliff Section 13-1. (Public Nuisance Allowing Property To Remain Unlocked) Case Number CEB-00-I015 317 Riunite Circle Emerson D. And Cheryl A. Aliff Section 13-2. (Untended Grass And Weeds) Case Number CEB-00-I022 629 Ryan Court Reinaldo Souto Section 13-2. (Overgrown Lot) Case Number CEB-00-I023 103 North Alderwood Street William Santiago Jr. And Avinia R. Fernandez Section 20-432. (Commercial Trailer) Case Number CEB-00-I024 220 North Alderwood Street Dennis E. Lewis Section 20-432. (Commercial Vehicle) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2000 PAGE 8 OF 12 .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM IS DOCUMENTED IN THE ORDER DISCUSSED .:. .:. RH. Case Number CEB-00-972 Conservation Area Behind 604 Viana Court Seville Chase Homeowners Assoc., Inc., c/o Sentry Management Inc. Section Chapter 5 (Land Clearing Without A Permit) Property Owner: Daniel C. And Rena A. Cloud Ms. Jimette Cook, Code Enforcement Manager, Code Enforcement Division introduced the case. Ms. Cook noted that a pool permit was issued on May 10, 2000; that a conservation easement is located behind 604 Viana Court; and photographs were introduced identifying the conservation easement location. Additional items discussed included: previous Engle Homes violations; the June 6, 2000 Police Report; notification to Osgood Pools regarding access; and a possible solution to the violation. Code Enforcement Manager Cook read the Code Enforcement Department letter addressed to the Osgood Pool Company dated July 27, 2000, the July 31, 2000 Offense Incident Report, and the February 8, 2000 letter from Sentry Management Inc. into the record. Discussion ensued regarding the "No Trespassing Sign"; and that the chain, and No Trespassing Sign belonged to the adjoining property owner (707 Palenci Court) Jeannette Jordan. Introduced into the record were the following: the Statement of Violation and Notice of Hearing to Seville Chase Homeowners Association; the Statement of Violation and Notice of Hearing to Osgood Pools; and the Statement of Violation and Notice of Hearing to Daniel C. and Rena A. Cloud (604 Viana Court). Discussion ensued regarding the tire tracks depicted in the July 31, 2000 photographs; the removal of natural vegetation; trash; access through Ms. Jordan's undeveloped lot; the Florida Power Easement; procedures for obtaining building permits on properties containing easements; posting of conservation easements; trespassing cases; and that access continued through the conservation easement after notification to discontinue access. Mr. Michael Mingea, City Arborist discussed the "re-emergence of vegetation"; the current condition of the conservation easement; the Five Hundred Dollar ($500.00) approximate retail cost excluding labor to replace thirty-six (36) trees; the violation and replanting by Engle Homes; and prior site inspections. Discussion continued on the offer for a "workable situation to avoid prosecution" offered to Osgood Pools; access to plot plans; and the citation issued against Osgood Pools and the Homeowners Association. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2000 PAGE 9 OF]2 The Clerk swore in additional persons who may be providing testimony during the presentation of this case. Board Members sought clarification regarding as to which party was being charged with the violation. Code Enforcement Manager Cook responded that this case was against Osgood Pools and the Seville Chase Homeowners Association. Mr. Dan Cloud, 604 Viana Court, Winter Springs: informed the Board that they never intended to damage the conservation easement; discussed the conservation area history; discussed what had transpired between himself and Osgood Pools; gave chronology of construction; spoke on access issues with Osgood Pools; and noted the following: "If we did anything wrong we sincerely apologize, because it was not intentional." Discussion ensued regarding whether Ms. Jordan of 707 Palenci Court was notified that her property would be used for access; that access was not granted through 707 Palenci Court; and continued access use by Osgood Pools. Tape 1/Side B Discussion continued on construction status of the pool; whether the pool had been filled and final inspections performed; and clarification on the cease and desist order. Ms. Jan Seldon, 207 Allegre Court, Winter Springs, Florida: as President of the Seville Chase Homeowners Association, sought clarification as to why this case was against the Seville Chase Homeowners Association. Code Enforcement Manager Cook cited the Florida Statute that related to this issue. Taylor Osgood, Osgood Pools, 4340 North Orange Blossom Trail, Orlando Florida: As a representative of the Osgood Pool Company discussed the following: the contract clause pertaining to access issues; the damage caused to the conservation area; that clients need to provide access routes; that Osgood Pools may suggest access routes; the July 27, 2000 letter from Code Enforcement Manager Cook; subcontractors; the trespassing notification; the continued use of rear access; inspections that have been performed; and accepted responsibility for any damage caused by Osgood Pools. Discussion continued regarding Osgood Pools' response to the July 27, 2000 letter from Code Enforcement Manager Cook on the offer for a "workable situation to avoid prosecution"; the price that Osgood Pools was quoted for replacement trees; and where the trees could be purchased. In response to what the City was looking for to settle this case, Code Enforcement Manager stated: "If they are found in violation of this Code, to be consistent with what this Quasi-Judicial Board has done in the past, the City is asking for no less than a Five' Thousand Dollar ($5,000.00) fine." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2000 PAGEIOOF12 Discussion ensued regarding why other options for access were not exercised; the upgrade expense for alternate access routes; the revoked permission for access; the estimate obtained by Osgood Pools for the replacement trees; and that the decision as to which party to fine and the amount of such fine would be the Board's discretion. Tape 2/Side A The Board discussed the contractor's responsibility; the revoked permission for access; that dual negligence exists; reforestation; and an appropriate monetary fine. (AMENDED) FINDING OF FACT: MOTION BY BOARD MEMBER FURTH. "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-972 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 PROPERTY OWNERS, DANIEL C. AND RENA A. CLOUD OF 604 VIANA COURT AND THE OSGOOD POOL COMPANY OF 4340 NORTH ORANGE BLOSSOM TRAIL, ORLANDO, FLORIDA ARE IN VIOLATION OF CHAPTER 5. [LAND CLEARING WITHOUT A PERMIT] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." SECONDED BY VICE CHAIRPERSON L YZEN. 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. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: MOTION BY BOARD MEMBER FINNEGAN. "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-972 OF THE CITY OF WINTER SPRINGS, DANIEL C. AND RENA A. CLOUD OF 604 VIANA COURT HAVING BEEN FOUND IN VIOLATION OF CHAPTER 5. [LAND CLEARING WITHOUT A PERMIT] OF THE CODE OF THIS CITY." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2000 PAGE II OF 12 "I MOVE THAT REPLACEMENT TREES - OF TWELVE (12) MAPLE, TWEL VE (12) PINE, TWELVE (12) DAHOON TREES - THREE (3) GALLON SIZE, FOUR (4) FEET AT THE TIME OF PLANTING...." ...."uP AND TO INCLUDING A FINE OF ONE THOUSAND DOLLARS ($1,000.00) A REPLACEMENT VALUE OF THE SAID ITEMS. AND THAT THE OSGOOD POOL COMPANY OF 4340 NORTH ORANGE BLOSSOM TRAIL FOUND IN VIOLATION OF CHAPTER 5. [LAND CLEARING WITHOUT A PERMIT] AND BE FINED FOUR THOUSAND DOLLARS ($4,000.00)." SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER GLICKMAN : AYE BOARD MEMBER FURTH: AYE BOARD MEMBER FINNEGAN: AYE BOARDMEMBERHOLZMAN: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. REGARDING TREE REPLACEMENT MAINTENANCE, CHAIRPERSON KREBS MADE THE FOLLOWING AMENDMENT TO THE MOTION: "BE PLANTED AND CARED FOR TO LAST ONE (1) YEAR, AND IF THEY DIE TO BE REPLACED BY DANIEL C. AND RENA A. CLOUD...." SECONDED. DISCUSSION. VOTE (ON THE AMENDMENT) : 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. REGARDING A TIME FRAME FOR COMPLIANCE, BOARD MEMBER FINNEGAN MADE THE FOLLOWING AMENDMENT TO THE MOTION: "THE TREES WILL BE PLANTED WITHIN FORTY FIVE (45) BUSINESS DAYS, AND THAT THE FOUR THOUSAND DOLLAR ($4,000.00) FINE WILL BE PAID WITHIN THAT PERIOD OF TIME." SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19.2000 PAGE 12 OF 12 VOTE (ON THE AMENDMENT): CHAIRPERSON KREBS: AYE BOARD MEMBER GLICKMAN : AYE BOARD MEMBER HOLZMAN : AYE VICE CHAIRPERSON L YZEN : AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. III. DISCUSSION OF GENERAL ISSUES Mr. James Meade, spoke in reference to fines that have been accruing from a case formerly heard before this Board. Mr. Meade was advised what choices are available for him to resolve this case. IV. ADJOURNMENT Chairperson Krebs adjourned the meeting at 9:30 p.m. Minutes Respectfully Submitted by: Tania Haas, City Clerk's Office City of Winter Springs S: \CityClerk\Docs\ W ord\BOARDS\CO D EEN FO\ALLL \M INUTES\2000\minceb-091900.doc