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Home My WebLink About2003 12 16 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING DECEMBER 16, 2003 I. CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to order at 7:02 p.m. on Tuesday, December 16, 2003, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman James B. Pitts, present Vice Chairman Mervin Warner, present Board Member Dick Crenshaw, present Board Member Paul Krebs, present Board Member Mathew Matisak, present Board Member Gregory Roero, present Board Member Greg Thompson, present Chairman Pitts led the Pledge of Allegiance. Chairman Pitts inquired as to whether there were any "Agenda Changes". Captain Glenn Tolleson, Police Department, stated, "Tonight we will be hearing "C" & "D". Assistant to the City Clerk Nicole Seivers, swore in those persons who may be providing testimony during the presentation of tonight's cases. .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. .:. .:. II. REGULAR REGULAR C. CASE #03-0004069 99S Papaya Lane Gary J. Sr. & Paula M. Kohler Section Chapter S (Removal Of Trees Without A Permit) Captain Tolleson presented his case and reported to the Board that five (5) trees were removed - one being a specimen tree and, "It is up to five thousand dollars ($5,000.00) per tree." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 16,2003 PAGE20F6 Board Member Thompson stated, "Mr. and Mrs. Kohler are my neighbors. I am aware of this case. I have discussed different matters with them. I was present when this took place. If any of the Board Members feel that this is a conflict of interest for me to participate in this case, I will graciously step down." Captain Tolleson explained, "The only way it would be a conflict of interest is if you were receiving money for services - trees." Board Member Thompson stated, "No. If there is no problem, then I will of course, participate." Discussion. Mr. Gary J and Mrs. Paul M Kohler Sr., 995 Papaya Lane, Winter Springs, Florida: informed the Board that they did not know a permit was needed to remove the trees. Discussion. Discussion ensued between Captain Tolleson and Mr. Kohler regarding the requirement to have a permit. Mr. Michael Mingea, City Forester/Environmental Inspector, Community Development Department gave testimony on his investigation. Discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS GARY J. AND PAULA M. KOHLER, CODE ENFORCEMENT BOARD NUMBER 03-0004069, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD A T THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND MR. AND MRS. KOHLER AS WELL AS THE CITY ARBORIST. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED IN THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT [BOARD] FIND: (1) THAT THE VIOLATORS, GARY [J.] AND PAULA [M.] KOHLER WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-S9. OF THE CITY CODE THAT A VIOLATION OF CHAPTER S [REMOV AL OF TREES WITHOUT A PERMIT] OF THE CITY CODE EXISTED; (2) THAT THE VIOLATORS WERE PROVIDED NOTICE, IN ACCORDANCE WITH SECTION 2-S9. OF THE CITY CODE, OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD, AND THA T THE VIOLA TORS WERE PRESENT AT THIS HEARING; AND (3) THAT THE SAID VIOLATIONS EXIST UPON THE VIOLATOR'S PROPERTY; I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER MATISAK. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 16,2003 PAGE30F6 VOTE: BOARD MEMBER MATISAK: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN W ARNER: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW : AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER THOMPSON: NAY MOTION CARRIED. Tape IISide B Discussion ensued regarding an appropriate amount for a Fine. AMENDED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS GARY J. SR. AND PAULA M. KOHLER, CODE ENFORCEMENT BOARD NUMBER 03-0004069, THE VIOLATORS HAVING BEEN FOUND TO BE IN VIOLATION OF CHAPTER S [REMOV AL OF TREES WITHOUT A PERMIT] - OF THE CITY CODE. I MOVE THAT THE VIOLATORS BE FINED FIVE HUNDRED DOLLARS ($SOO.OO) PER TREE FOR THE FOUR (4) TREES AND ONE THOUSAND DOLLARS ($1,000.00) FOR THE SPECIMEN TREE FOR A TOTAL OF THREE THOUSAND DOLLARS ($3,000.00)." "FURTHERMORE, ANY FUTURE REOCCURRENCES OF THIS VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSIT ATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR OPPORTUNITY TO CORRECT SAID VIOLATION. THE FINE FOR SUCH REOCCURRENCE - SHALL BE THE MAXIMUM ALLOWED BY LAW. THE CLERK OF THE CODE ENFORCEMENT BOARD IS DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. THE VIOLATOR IS PRESENT - HAS HEARD THE ORDER OF THIS BOARD I FURTHER MOVE THAT THE VIOLATOR BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER WARNER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 16,2003 PAGE40F6 VOTE: BOARD MEMBER THOMPSON: NAY BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. "I MAKE A MOTION THAT WE AMEND THE PREVIOUS RELIEF ORDER TO SPECIFY A TIME - WHEN IT NEEDS TO BE PAID. I WILL GO ALONG WITH SIXTY (60) DAYS." MOTION. SECONDED. DISCUSSION. VOTE: VICE CHAIRMAN ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER MATISAK: AYE VICE CHAIRMAN W ARNER: AYE BOARD MEMBER THOMPSON: NAY CHAIRMAN PITTS: AYE MOTION CARRIED. REGULAR D. CASE #03-0004309 214 South Moss Road Theresa M. Mandigo Section 6-19S. (Fence In Disrepair) Captain Tolleson asked the Board if this Case could be postponed until the next Meeting. MOTION THAT "CASE #03-0004309 BE POSTPONED UNTIL FURTHER NOTICE BY CAPT AIN TOLLESON." MOTION BY CHAIRMAN PITTS. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. BOARD MEMBER MATISAK: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN W ARNER: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 16,2003 PAGE50F6 .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:..:. II. REGULAR REGULAR A. CASE #01-137 120 3rd Street North Olive Assam Tenant: Adolph Bryan Jr. Section 20-431. & 20-432. (Commercial Vehicle) Repeat Offender REGULAR B. CASE #03-00040S6 212 Wade Street Katherine L. Knowlton, Trustee Tenant: Gary Paul Oliver Section 13-2. (Debris - Tree Trimmings) III. FUTURE AGENDA ITEMS This Item was not discussed. IV. REPORTS Vice Chairman Warner asked, "In the instances where we have repeat offenders - it would be good if we could get a copy of the previous Relief Order." Captain Tolleson indicated, "1'11 bring those and provide them." Captain Tolleson was asked, "Are we going to be trained for the other part that we are - getting?" Captain Tolleson replied, "Yes. [City Attorney] Anthony Garganese will be putting that on. I spoke with him two weeks ago. It was then suggested to begin such a Workshop at 6:00 p.m. instead of 7:00 p.m. Captain Tolleson then said, "As you had asked, I passed that along - they were fine with that." Captain Tolleson indicated that such a Workshop would be held "Right after the first of the year"." Captain Tolleson updated the Board on previous cases. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 16,2003 Page 6 of6 With consensus of the Committee, Chairman Pitts adjourned the Meeting at 8:07 p.m. RESPECTFULLY SUBMITTED BY: DEBBIE FRANKLIN, DEPUTY CITY CLERK AND k~J~ NICOLE SEIVERS ASSIST ANT TO THE CITY CLERK NOTE: These Minutes were approved at the February 17,2004 Code Enforcement Board Meeting.