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HomeMy WebLinkAbout2002 04 16 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 16, 2002 I. CALL TO ORDER Chairperson Joanne Krebs called the Regular Meeting to order at 7:02 p.m. on Tuesday, April 16,2002, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Joanne Krebs, present Vice Chairperson Lurene Lyzen, present Board Member Ken Furth, present Board Member James B. Pitts, present Board Member Greg Roero, present Board Member-Greg Thompson, arrived at 7:32 p.m. Board Member Mervin Warner, present The Pledge of Allegiance followed. Chairperson Krebs asked if there would be any Agenda changes and Ms. C. Jimette Cook Enforcement Manager, Code Enforcement Division, Community Development Department advised the Board that CEB 01-276A would be the only case presented tonight. II. CONSENT CONSENT A. Approval of the March 19, 2002 Regular Meeting Minutes. Chairperson Krebs read asked for a Motion to approve the March 19, 2002 Regular Meeting Minutes. "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRlL 16,2002 PAGE 2 OF 7 VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. III. REGULAR AGENDA The Deputy City Clerk swore in those persons who may be providing testimony during the presentation of tonight's case. REGULAR A. CASE #CEB-01-276A 450 Ginger Lane Lloyd M. Chambers & Joan T. Chambers Chapter 5 (Failure To Adhere To Conditions Of Arbor Permit) Ms. Cook entered into the record "The Statement of Violation and Notice of Hearing", proof of-mailing and the "Green signature card." Ms. Cook spoke of the property being within the limits of the City of Winter Springs and both property owners having received notification of the hearing. Then Ms. Cook asked that the record reflect that no one was present to speak on the owner's behalf. While Mr. Michael Mingea, Environmental Inspector/City Forester, Code Enforcement Division, Community Development Department distributed a copy ofthe building permit, Ms. Cook reviewed it with the Board and presented her case. Ms. Cook said, "We are asking that you find him in Non-Compliance and - as a means of correction or fine if you will that he be required to pay sixty dollars ($60.00) per tree for twenty-two (22) and give him a reasonable time to make such payment. We are asking for no more than two (2) weeks. " Discussion followed regarding the number of trees removed; that the permit fee had been paid; how the Tree Bank Revenue Program operates; and Arbor permit requirements and fees. The Deputy City Clerk swore in Mr. Lloyd Chambers. Ms. Cook asked Mr. Chambers a series of questions that included whether he had signed the agreement to replace the twenty-two (22) trees or pay sixty (60) dollars to the Tree Bank Revenue Program; why it had not been completed; and "Is there any reason why CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 16,2002 PAGE 3 OF7 you couldn't make the payment to the Tree Bank Revenue Program, the sixty (60) dollars per tree"; if not, how much time would he need to get those funds available; and how did he plan to purchase the trees. Mr. Lloyd Chambers, 728 South Endeavour Drive, Winter Springs, Florida: was asked by Ms. Cook whether he had "Agreed to make the tree replacement by April 2, 2001 or make the tree banking revenue payment by April 2, 2001." Mr. Chambers responded, "I forget about the exact date but I knew we were going to do it." Additionally Mr. Chambers spoke of his reasons why it was not accomplished; acknowledged that at the present time he was unable to pay the previous agreed amount; and that he expected to purchase the trees for less than sixty dollars ($60.00) each. Discussion. Ms. Cook stated, "We would like to have him found in Non-Compliance and again I think in the best - actually in Mr. Chamber's best interest - twenty-two (22) trees at sixty dollars ($60.00) - is a lot cheaper. You are not going to get a Florida grade, standard thirty-five (35) gallon, two and a half inch (212") caliper tree for sixty dollars ($60.00) of any quality. And if it's not the right quality we are going to reject it. So in the City's best interest and the community's best interest we would ask that you enter a Relief Order for Mr. Chambers to pay the twenty-two (22) trees at sixty dollars ($60.00) a pop giving him a reasonable time to make that payment. Failing that of course would be a lien against the property." Members of the Board and Staff discussed "A reasonable amount of time"; and the possibility ofMr. Chambers planting ten (l0) trees and paying for twelve (12) trees. Ms. Cook said, "There are a couple of issues I have with that one. The first is there was a lot of fill placed on the site and that fill may not be conducive to - proper tree growth. Second, I am very concerned that they will not receive the care that is given. Thirdly, those trailers, he has gotten an extension for sixty (60) days he says to keep those trailers out there. I am concerned with the trailer - disappearing." Discussion. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-276A OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION AS PREPARED BY THE CODE MANAGER AND HEARD AT THIS MEETING, THE SWORN TESTIMONY OF THE CODE MANAGER. BASED UPON THESE PROCEEDINGS, I FIND THAT LLOYD M. CHAMBERS AND JOAN T. CHAMBERS, OF 450 GINGER LANE, IS IN VIOLATION OF - CHAPTER 5 [FAILURE TO ADHERE TO CONDITIONS OF ARBOR PERMIT] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD CITY OF WINTER SPRINGS M (NUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 16,2002 PAGE40F7 MEMBER THOMPSON. SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. Discussion. REVISED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-276A OF THE CITY OF WINTER SPRINGS, MRS. JOAN CHAMBERS AND MR. LLOYD CHAMBERS HAVE BEEN FOUND TO BE IN VIOLATION OF - CHAPTER 5 [FAILURE TO ADHERE TO CONDITIONS OF ARBOR PERMIT] OF THE CODE OF THE CITY. I MOVE THAT MRS. JOAN CHAMBERS AND MR. LLOYD M. CHAMBERS PAY - $1,320.00 BY THE END OF - SIX (6) WEEKS AFTER NOTIFICATION TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE A FINE - OF $25.00 A DAY WILL BE IMPOSED, UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE OFFICER OF THE CITY. FURTHERMORE, ANY AND ALL FUTURE RECURRENCE(S) OF THIS VIOLATION AFTER COMPLIANCE IS ACHIEVED WILL IMMEDIATELY CAUSE THE STATED FINE TO BE IMPOSED UNTIL THE COMPLIANCE IS AGAIN ACHIEVED, AS VERIFIED BY THE OFFICER OF THE CITY. SINCE MR. CHAMBERS IS PRESENT AND HAS HEARD THE ORDER OF THE BOARD, I FURTHER MOVE THAT DUE NOTIFICATION HAS BEEN GIVEN AT THIS MEETING." VOTE: BOARD MEMBER ROERO: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 16. 2002 PAGE50F7 .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:..:. REGULAR B. CASE #CEB-01-447A 900 State Road 434 (Winter Springs Golf Club) Meadowbrook Winter Springs LLC Chapter 5 (Failure To Adhere To Conditions Of Arbor Permit) REGULAR C. CASE #CEB-02-013 574 Walden Way Danny J. & Janet L. Cariel Section 20-431. (R V - Oversized) REGULAR D. CASE #CEB-02-138 639 Sailfish Road Peter W. & Rose Reed Section 20-411. (Boat) REGULAR E. CASE #CEB-02-143 13 Elkwood Court Eric D. Kay Section 20-433. (Disabled Motor Vehicle - Unlicensed) REGULAR F. CASE #CEB-02-144 13 Elkwood Court Eric D. Kay Section 13-2. (Trash & Debris) REGULAR G. CASE #CEB-02-145 110 Lombardy Road Carlos A. Velazquez & Ana E. Robles Chapter 5 (No Arbor Permit) REGULAR H. CASE #CEB-02-148 510 Evergreen Avenue Frank M. & Angela K. Burrow Chapter 5 (No Arbor Permit) CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 16,2002 PAGE 6 OF 7 REGULAR I. CASE #CEB-02-160 130 North Fairfax Avenue Terence L. & Sally Emerson Section 6-46. (No Building Permit - Fence) REGULAR J. CASE #CEB-02-164 707 Palenci Court Yesid & Brenda Saavedra Chapter 5 (Clearing Lot Without Permit) REGULAR K. CASE #CEB-02-226 700 East State Road 434 Jack & Darcy Meagher Section 16-57. (Prohibited Sign) Respondent: Mid-Florida Church Of Christ REGULAR L. CASE #CEB-02-227 Avery Park CHC Development Co, Inc. Section 16-53. (No Sign Permit) At the request of Chairperson Krebs, Boy Scout Leader Bob Beck introduced Troop 196 to the Board Members. Mr. Beck explained that the Troop was trying to earn their "Citizenship in the Community" Merit Badge. IV. FUTURE AGENDA ITEMS . Workshop . Updated "Relief Orders" And "Findings Of Fact" Ms. Cook updated the Board regarding her progress for setting up the Workshop and the status of "Relief Orders And Findings Of Fact" being updated. Chairperson Krebs stated, "I would just really like to emphasize that we have been waiting for a few months. I had wanted to work this into a Meeting where we could meet with the City Attorney as well as - get these other issues settled." Ms. Cook said that she would call the City Attorney the next day. V. REPORTS CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 16, 2002 PAGE? OF? None. VI. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 7:47 p.m. RESPECTFULLY SUBMITTED: ~~ DEBBIE GILLESPIE - DEPUTY CITY CLERK S:\dept - City CIerk\BOARDS\CODEENFO\ALLL\MINUTES\2002\04I602 REGULAR.doc NOTE: These Minutes were approved at the May 2 1,2002 Code Enforcement Board Meeting.