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HomeMy WebLinkAbout2006 06 20 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 20, 2006 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, June 20, 2006, was called to Order at 7:00 p.m. by Chairman Mathew Matisak, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Mathew Matisak, present Vice Chairman Greg Roero, absent Board Member Alisa Kaufman, present Board Member Paul Krebs, present Board Member Laurent Pellerin, present Board Member Leah Weisman, present Board Member Jim Wentz, present Alternate Board Member Dick Crenshaw, present Alternate Board Member James B. Pitts, absent Chairman Matisak led the Invocation and Pledge of Allegiance. Next, Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department stated, "Yes, Sir we will only hear [Agenda Item] 203.1, Case number 02-0000963." Deputy City Clerk Debbie Franklin swore in those persons who may be providing testimony during the presentation of tonight's cases. PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Code Enforcement Bureau - Police Department CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 20, 2006 PAGE20F9 None. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 200.1 Code Enforcement Bureau - Police Department None. PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 201.1 Code Enforcement Bureau - Police Department None. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 202.1 Code Enforcement Bureau - Police Department CASE #06-0011879 623 Alton Road Michele M. Pierro Section 12-53. (a) (b) (Disabled Motor Vehicle) Date Of Service: Certified - Nt A Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 20, 2006 PAGE 3 OF 9 PUBLIC HEARINGS - NEW CASES 202.2 Code Enforcement Bureau - Police Department CASE #06-0012087 704 Sailfish Road Brian McArdle Section 12-53. (a) (b) (Disabled And Unlicensed Motor Vehicle) Date Of Service: Certified - NtA Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.3 Code Enforcement Bureau - Police Department CASE #06-0012377 227 Dogwood Court Harvey Murphy Tenant: Carmen Perez Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Nt A Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.1 Code Enforcement Bureau - Police Department CASE #02-0000963 314 Wood leaf Drive Laura A. Proemsey Section 13-2. (Stagnant Pool) Date Of Service: Certified - Nt A Inspector - Cathy Davidson Captain Glenn Tolleson, Police Department introduced this Agenda Item and stated, "The Inspector is [Ms.] Cathy Davidson, (Code Enforcement Inspector, Code Enforcement Bureau, Police Department), [Mr.] Jose Romero, (Code Enforcement Inspector, Code Enforcement Bureau, Police Department) and myself in this particular Case and it is a Non-Compliance Hearing. This Case was originally heard before this Board on November 19, 2002. The Board found that Laura A. Proemsey was not in Compliance that night. The Board's Order, stated, 'Any future Violation would impose a Five Hundred Dollar ($500.00) a day Fine until Compliance is achieved'. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 20, 2006 PAGE40F9 Certified Notice was sent and signed for on June 2, 2006 and property was posted. The property currently is in Compliance as of today. We are asking for Finding of Fact and Relief in the amount of thirteen thousand, five hundred dollars ($13,500.00) for twenty- seven (27) days of Non-Compliance at five hundred dollars ($500.00) a day per the Board's Order starting May 11,2006 through June 6, 2006." Discussion. At the request of Chairman Matisak, Deputy City Clerk Debbie Franklin read an email into the Record from a neighbor of the Respondent, Ms. Sharon Stein. Deputy City Clerk Franklin also read a sworn Statement from Ms. Sharon Stein into the Record per the request of Chairman Matisak. Discussion. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS LAURA A. PROEMSEY, CASE NUMBER 02-0000963. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING. 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT FOR THE CITY OF WINTER SPRINGS AND WAS FOUND GUILTY OF VIOLATING SECTION 13-2. (e) (STAGNANT POOL) OF THE CITY CODE AND WAS ORDERED TO CORRECT SUCH VIOLATION. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. 3. THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 4. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HAVE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARD'S ORDER. THEREFORE, I MOVE THAT THE FINE OF THIRTEEN THOUSAND, FIVE HUNDRED DOLLARS ($13,500.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY ADVISORY BOARD MEMBER PELLERIN. SECONDED BY ADVISORY BOARD MEMBER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 20, 2006 PAGE 5 OF 9 VOTE: AL TERNA TE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MA TISAK: AYE BOARDMEMBERKREBS: AYE BOARD MEMBER KAUFMAN: AYE MOTION CARRIED. Discussion ensued regarding filling the pool. REGULAR AGENDA REGULAR 300. Code Enforcement Bureau - Police Department None. CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The May 16,2006 Regular Meeting Minutes. Chairman Matisak stated, "Approval of the May 16,2006 Minutes. Do I have a Motion to approve the Minutes?" "I WILL MOTION." MOTION BY ADVISORY BOARD MEMBER KAUFMAN. SECONDED BY ADVISORY BOARD MEMBER PELLERIN. DISCUSSION. VOTE: CHAIRMAN MA TISAK: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WEISMAN: NAY BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 20, 2006 PAGE 6 OF 9 INFORMATIONAL AGENDA INFORMATIONAL 500. Code Enforcement Bureau - Police Department None. 600. REPORTS Chairman Matisak thanked the Code Enforcement Advisory Board Members for attending the Code Enforcement Workshop held on June 17, 2006. Advisory Board Member Alisa Kaufman named the Advisory Board Members who attended the Workshop for the Record and commented that, "It was a great Seminar." In addition, Advisory Board Member Kaufman congratulated Chairman Matisak for being Appointed to the Code Enforcement Board for another three (3) years. Discussion ensued regarding legal advice for the Code Enforcement Board. With discussion, the Code Enforcement Advisory Board Members commented on the Public Records Policy relative to receiving an Agenda prior to the scheduled Meetings. Tape I1Side B Additional discussion ensued regarding the maHout of Agendas to the Advisory Board Members. "MOTION - THAT WE JUST HAVE THE AGENDAS HERE SITTING, WAITING FOR US THAT EVENING; AND, THAT ONLY THE UNAPPROVED MINUTES - WOULD BE MAILEDTO US ON THAT PREVIOUS THURSDAY, FRIDAY, WHENEVER IT NORMALLY IS, SO WE CAN REVIEW IT AHEAD OF TIME TO APPROVE THAT." MOTION BY ADVISORY BOARD MEMBER KAUFMAN. SECONDED BY ADVISORY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER KREBS: NAY BOARDMEMBERKAUFMAN: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE AL TERNA TE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 20, 2006 PAGE70F9 In summary, Chairman Matisak stated, "Starting next Meeting, Code [Enforcement Board] Members will only be receiving 'Unapproved Minutes' from the previous Meeting and the Agendas will be 'On the day of for review at the time when the Meeting begins." Discussion ensued regarding the proper disposition of copies of Meeting documents. Chairman Matisak and Advisory Board Member Kaufman spoke for the Record regarding leaving their documents at the Dias. "I _ MAKE A MOTION AT THE END OF EACH MEETING THAT THE CHAIR[MAN] JUST PROVIDE AN OPPORTUNITY TO PASS DOWN ANY RECORDS DOWN TO THE CITY CLERK, IF THE BOARD MEMBER CHOOSES TO, SO THAT THOSE RECORDS CAN BE TAKEN CARE OF ACCORDING TO [FLORIDA STATUTES} 119, HOWEVER IS NECESSARY." MOTION BY CHAIRMAN MA TISAK. SECONDED BY ADVISORY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE AL TERN A TE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Discussion. REGARDING THE POLICY WHEN AN ADVISORY BOARD MEMBER HAS TO BE ABSENT FROM A MEETING, CHAIRMAN MA TISAK ST A TED, "CONTACT THE CITY CLERK - WHO WILL THEREFORE LET ME KNOW. CONSEQUENTLY, AT THE MEETING WHERE THE BOARD MEMBER'S GOING TO BE ABSENT, I WILL STATE ON RECORD AFTER ATTENDANCE IS CALLED, THAT THE INDIVIDUAL IS EXCUSED FROM THE MEETING." MOTION BY CHAIRMAN MA TISAK. SECONDED BY ADVISORY BOARD MEMBER KAUFMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 20, 2006 PAGE80F9 VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PELLERIN: AYE BOARDMEMBERKREBS: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Tape 2/Side A Discussion ensued regarding obtaining a Code Enforcement Rule Book from the City of Orlando which was mentioned at the June 17, 2006 Code Enforcement Workshop. "I MAKE A MOTION TO REQUEST ONE OF THE RULE BOOKS FROM THE CODE ENFORCEMENT BOARD OF THE CITY OF ORLANDO." MOTION BY ADVISORY BOARD MEMBER KAUFMAN. SECONDED BY ADVISORY AL TERN A TE BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KAUFMAN: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. The Advisory Board Members further discussed having the City Clerk procure the Code Enforcement Rule Book from the City of Orlando. FUTURE AGENDA ITEMS None were noted. ADJOURNMENT Chairman Matisak adjourned the Meeting at approximately 8:36 p.m. RESPECTFULLY SUBMITTED BY: ~~'e-J DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the J ulv 18 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 20, 2006 PAGE90F9 , 2006 Code Enforcement Board Regular Meeting.