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HomeMy WebLinkAbout2002 05 21 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MAY 21, 2002 I. CALL TO ORDER Vice Chairperson Lurene Lyzen called the Regular Meeting to order at 7:01 p.m. on Tuesday, May 21, 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, absent 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, present Board Member Mervin Warner, present The Pledge of Allegiance followed. Vice Chairperson Lyzen asked ifthere would be any Agenda changes and Ms. C. Jimette Cook, Code Enforcement Manager, Code Enforcement Division, Community Development Department advised the Board that Case CEB 01-1048A would be the only case presented tonight. II. CONSENT CONSENT A. Approval of the April 16, 2002 Regular Meeting Minutes. Vice Chairperson Lyzen asked for a Motion to approve the Minutes. "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. Board Member Mervin Warner said that on page two (2), in the second to the last line, "Sixty (60) dollars" should read "Sixty (60) dollars per tree." THE BOARD AGREED BY CONSENSUS TO APPROVE THE NOTED REVISION AND THE MINUTES. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 21,2002 PAGE20F6 Deputy City Clerk, Debbie Gillepsie, swore in those persons who may be providing testimony during the presentation of tonight's case. III. REGULAR REGULAR A. CASE #CEB-OI-I048A 1063 Deer Run Drive Vincent & Rose V. Gregorio Chapter 5 (Failure To Adhere To Conditions Of Arbor Permit) Ms. Cook entered into the record "The Statement of Violation and Notice of Hearing", along with proof of service for Mr. and Mrs. Gregorio; and copies of Arbor Permits dated August 18, 2000 and December 14, 2001. Ms. Cook spoke of Mr. Gregorio agreeing to the conditions on the permit and that as of this date, the conditions have not been met. Mr. Michael Mingea, Environmental Inspector/City Forester, Code Enforcement Division, Community Development Department spoke of his previous visits to the property. Mr. Mingea then explained the process and fees for receiving an Arbor permit for residents and Ms. Cook explained fees for developers. Mr. Vincent Gregorio, 1063 Deer Run, Winter Springs, Florida: spoke of being a resident for thirty (30) years and planting numerous trees during that time. Mr. Gregorio explained that the man hired to remove the trees told him that a permit was not necessary. Mr. Gregorio stated, "Maybe that was my fault for not following through. I'll concede that. We are not trying to fight replacing the trees. The only objection we have is telling us that it's got to be in fifteen (15) gallon drum, that they've got to be an inch and half (11;2") wide and six feet (6') tall." Mr. Gregorio additionally said, "I am willing to work with you if you could try to help me by not adding any more additional expenses - my wife and I are willing to comply but within certain limits if you would allow us to plant six foot (6') trees, but they don't have to be an inch and a half (1 Yz") in diameter." Discussion followed regarding the option of paying sixty dollars ($60.00) per tree to the Tree Bank Revenue Program; and the City's approved list of trees. Ms Cook was asked by a Board Member, "What kind of fines is the City looking for?" Ms. Cook replied, "The City is looking for two (2) things of course, the finding of Non- Compliance. In the past we would have accepted the sixty dollars ($60.00) per tree because that was the wholesale value of the tree at the time of removal. Considering the cost of prosecuting this case and the time involved, the fact that Mr. Gregorio knew back in - 2000 to get a permit - we have bent over backwards. We were looking for one hundred dollars ($100.00) per tree because sixty dollars ($60.00) to be perfectly honest with you - will not replace the tree. We have to buy the trees, we have to - have the Staff go pick up the trees, to install the trees, to water the trees, to prune the trees, to accept the CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 21,2002 PAGE 3 OF 6 liability for the trees - sixty dollars ($60.00) doesn't cut it. It really doesn't. To be honest and to be fair to all of those people that have come up to the plate and have played fair and Mr. Gregorio I am going to be honest with you, Mr. Gregorio knew what he was doing. We are asking for one hundred dollars ($100.00) a tree." Vice Chairperson Lyzen asked, "After - thirty (30) days?" Ms. Cook replied, "That would be acceptable." FINDING OF FACT: "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 AND OTHER PARTIES INVOLVED IN THIS CASE. BASED UPON THESE PROCEEDINGS, I MOVE THAT VINCENT & ROSE V. GREGORIO, OF 1063 DEER RUN DRIVE, ARE IN VIOLATION OF CHAPTER 5 (FAILURE TO ADHERE TO CONDITIONS OF AN ARBOR PERMIT) OF THE CODE OF THE CITY OF WINTER SPRINGS, AND AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER FURTH. SECONDED. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: 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 01-1048A OF THE CITY OF WINTER SPRINGS, MR. AND MRS. GREGORIO HAVING BEEN FOUND IN VIOLATION OF SECTION 5 (FAILURE TO ADHERE TO CONDITIONS OF ARBOR PERMIT) OF THE CODE OF THE CITY, I MOVE THAT MR. GREGORIO BE GIVEN THIRTY (30) DAYS AFTER NOTIFICATION TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE - IF THE EIGHT (8) TREES ARE NOT PLANTED WITHIN THIRTY (30) DAYS HE WILL BE FINED A $100.00 PER TREE ON THE THIRTY-FIRST (31ST) DAY PLUS TWENTY-FIVE DOLLARS ($25.00) PER DAY UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY AN OFFICER OF THE CITY. SINCE MR. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MA Y 21,2002 PAGE40F6 GREGORIO IS PRESENT AND HAS HEARD THE ORDER OF THE BOARD, I FURTHERMORE MOVE THAT NOTIFICATION HAS BEEN GIVEN AS OF THIS MEETING." MOTION BY BOARD MEMBER ROERO. SECONDED. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:..:. REGULAR B. CASE #CEB-01-1285 317 Montrose Street Thomas E. Harmon Section 20-433. (Disabled & Unlicensed Motor Vehicle) REGULAR C. CASE #CEB-02-249 610 David Street Elmer D. & Barbara A. Bakalla Tenant: Donald Perry Section 20-433. (Disabled & Unlicensed Motor Vehicle) REGULAR D. CASE #CEB-02-250 241 North Edgemon Avenue Joseph G. Deas Section 6-195. (Fence In Disrepair) REGULAR E. CASE #CEB-02-251 241 North Edgemon Avenue Joseph G. Deas Section 13-2. (Trash & Junk And Appliances) CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MA Y 21, 2002 PAGE 5 OF 6 REGULAR F. CASE #CEB-02-253 201 North Devon Avenue Charles C. Urbin & Aleta W. Sinclair Section 20-433. (Disabled Motor Vehicle) REGULAR G. CASE #CEB-02-254 201 North Devon Avenue Charles C. Urbin & Aleta W. Sinclair Section 13-2. (Trash & Debris) REGULAR H. CASE #CEB-02-268 505 Evergreen Avenue Anthony J. Ramos & Dalila Ramos Section 20-433. (Disabled Motor Vehicle - Unlicensed) REGULAR I. CASE #CEB-02-292 908 Gazelle Trail Karl M. & Mary JC Lewis Section 9-374. (No House Numbers) Tape I/Side B The Board discussed with Mr. Mingea the canker infestation of trees in the area; the Tree Bank Revenue Program; the City's approved Tree Replacement List; and various scenarios to determine if a permit fee would be required. Members of the Board commended Mr. Mingea on the "Fine job that you do." IV. FUTURE AGENDA ITEMS Ms. Cook informed the Board that Attorney Jeff Buak (City Attorney's Office) is requesting to hold a Workshop on June 11, 2002 at 7:00 p.m. regarding the revised "Finding Of Fact" and "Relief Order" forms. Ms. Cook agreed to contact Board Members once confirmation was received from the Office of the City Clerk. A resident from the audience requested to address the Board. Ms. Cook explained "That this is a prosecutional type case, you are in Compliance, you are not guilty, you fixed the problem there is nothing to discuss. If you have some concerns about my Staff or the way that we handle this I will be happy to..." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MA Y 21,2002 PAGE 6 OF 6 Ms. Mary Colin, 908 Gazelle Trail, Winter Springs, Florida; asked "What's the procedure to address any of these Code Violations." Vice Chairperson Lyzen explained to Ms. Colin, that following Adjournment Ms. Cook would give her the appropriate information. v. REPORTS This Item was not addressed, VI. ADJOURNMENT Vice Chairperson Lyzen adjourned the Meeting at 8:09 p.m. RESPECTFULLY SUBMITTED: ~~' , DEBBIE GILLEAS~ DEPUTY CITY CLERK S:\dept - City Clerk\BOARDS\CODEENFO\ALLL\MINUTES\2002\052 I 01 REGULAR.doc NOTE: These Minutes were approved at the June 18,2002 Code Enforcement Board Meeting.