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HomeMy WebLinkAbout2007 11 27 Code Enforcement Board Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 27, 2007 (RESCHEDULED FROM NOVEMBER 20, 2007) CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, November 27, 2007 (Rescheduled from November 20, 2007), was called to Order at 7:01 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 Chairperson Alisa Kamon, present Board Member Dick Crenshaw, absent [Excused] Board Member James B. Pitts, present Board Member Greg Roero, present Board Member Leah Weisman, present Board Member Jim Wentz, present Alternate Board Member Sherri P. Moore, arrived at 7:10 p.m. Alternate Board Member Laura-Leigh Wood, arrived at 8:24 p.In. Next, Chairman Matisak led the Invocation and Pledge of Allegiance. Chairman Matisak said, "For the Record, Board Member [Dick] Crenshaw's absence is `Excused' this evening." Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Code Enforcement Bureau, Police Department stated, "No, Sir." INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 27, 2007 (RESCHEDULED FROM NOVEMBER 20, 2007) PAGE 2 OF 12 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The October 16, 2007 Regular Meeting Minutes. "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY VICE CHAIRPERSON KAMON. DISCUSSION. VOTE: BOARD MEMBER WENTZ: NAY BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN MATISAK: AYE VICE CHAIRPERSON KAMON: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Code Enforcement Bureau No Report. REPORTS 401. Office Of The City Clerk Ms. Danielle Harker, Assistant to the City Clerk, clarified that Alternate Board Member Sherri P. Moore was first Alternate and Alternate Board Member Laura-Leigh Wood was second Alternate. Chairman Matisak asked, "That hasn't been an issue previously, correct? Because as I recall in every case that we've had so far, we've had two (2) regular Board Members absent therefore they were both Voting, so, we weren't in an awkward situation, correct?" Ms. Harker stated, "That is correct." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 27, 2007 (RESCHEDULED FROM NOVEMBER 20, 2007) PAGE 3 OF 12 REPORTS 402. Code Enforcement Chair No Report. Alternate Board Member Sherri P. Moore arrived at 7:10 p.m. REPORTS 403. Code Enforcement Vice Chair No Report. REPORTS 404. Code Enforcement Board Members No Report. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA -CONTINUED CASES PUBLIC HEARINGS- CONTINUED CASES 500.1 Not Used. PUBLIC HEARINGS AGENDA -REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 501.1 Not Used. PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS-NEW CASES 502.1 Not Used. CITY OF WINTER SPRINGS, FLORIDA M[NUTEs CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 27, 2007 (RESCHEDULED FROM NOVEMBER 20, 2007) PAGE 4 OF 12 PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLiC HEARINGS -NON-COMPLIANCE CASES 500. Not Used. REGULAR AGENDA REGULAR 600. Discussion Of The Winter Springs Code Enforcement Board Policy Manual. Chairman Matisak gave a brief history on why the Winter Springs Code Enforcement Board Policy Manual (WSCEB) was being created. Continuing, Chairman Matisak stated, "The intent was basically to have a document that would create a procedure that would -give new Board Members the opportunity to kind of read through it and have a better understanding on how the Board functions; to not be in that learning curve for so long. Also, to create a more fair environment for our citizens when they come forward so that when a Case is presented - it's a fair and balanced environment for them. And everything is just by the book every time we have a Case." Discussion. Regarding `I. NAME', Chairman Matisak asked, "Any objections?" No objections were noted. Board Member Jim Wentz asked, "What if one (1) of these numbers were incorrect by error? Does it disqualify anything we're doing along the way once we Vote it in?" Discussion. Captain Tolleson replied, "Actually if we catch one (1) that goes out even after Approval, it's just an Amendment to it. You would just change it. The legality of it would still be in -place." Board Member Wentz asked, "So, even if it referenced the wrong Statute Code for whatever reason, a person couldn't come back and say no the Case gets thrown out because it's wrong..." Captain Tolleson stated, "...No. The legality of the document will still stand." Discussion ensued on Section `II. INTENT' of the Policy. Board Member Leah Weisman asked about the capitalized letters in the document. Ms. Harker explained that she was trying to remain consistent with what the City procedure is in doing the Minutes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 27, 2007 {RESCHEDULED FROM NOVEMBER 20, 2007) PAGE 5 Of 12 Board Member James B. Pitts mentioned, "I would suggest that we stay consistent with what the City's policies and the City Clerk's policies are for other matters within the jurisdiction and leave it the way it is." Alternate Board Member Moore commented, "I agree." Vice Chairperson Alisa Kamon remarked, "I agree with that." No objections were voiced. Chairman Matisak stated, "It sounds like we'll go ahead and stick with the -capitalization methodology." Next, Chairman Matisak said, "So, iet's go back with just the issue here of the sentence, `It is the intent of the Board to promote, protect, and improve the health, safety, and welfare of the citizens of Winter Springs', `period'. `An administrative Board with an authority to impose administrative fines and other noncriminal'. So, the suggestion there is to place a `period' -drop `as' and capitalize `and'. Correct?" Board Member Weisman replied, "Right." Discussion. Chairman Matisak asked, "Do we have an agreement or do we want to stay with that?" Vice Chairperson Kamon remarked, "I like it the way it is." Alternate Board Member Moore commented, "I Vote to stay the way it is." Board Member Wentz said, "Keep the same." No objections were noted. Chairman Matisak stated, "So, we'll go ahead keep it as it is." Vice Chairperson Kamon suggested another change, saying, "It's just where we say `Winter Springs'; since we always say `City of Winter Springs, Florida. `...welfare of the citizens of the City of Winter Springs, Florida...' But other than that, it's perfect.'' Further discussion. Discussion ensued on having an Attorney review the Winter Springs Code Enforcement Board Policy, in which Board Member Pitts stated, "I would feel more comfortable if we could do that." Regarding adding the. `City of and `Florida' into `II. INTENT', Chairman Matisak asked, "Were there any objections to doing that in Section II?" No objections were heard. Further discussion. Chairman Matisak asked if there were any objections to `III. JURSDICTION'. No objections were voiced. Discussion ensued on `IV. OFFICERS AND THEIR DUTIES'. CHAIRMAN MATISAK SAID, "WE HAVE ONE (1) BOARD MEMBER IS LOOKING TO HAVE IT AS `CHAIRMAN' AND WE HAVE ANOTHER LOOKING FOR `CHAIRPERSON', SO, WHY DON'T WE GO AHEAD AND TAKE IT TO A VOTE -LET'S GO FOR `CHAIRMAN'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 27, 2007 (RESCHEDULED FROM NOVEMBER 20, 2007) PAGE 6 OF 12 VOTE: BOARD MEMBER PITTS: AYE VICE CHAIRPERSON KAMON: NAY CHAIRMAN MATISAK: NAY BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: NAY BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: NAY MOTION DID NOT CARRY. CHAIRMAN MATISAK ASKED, "ROLL CALL VOTE FOR `VICE CHAIRPERSON'." VICE CHAIRPERSON KAMON: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER WEISMAN: NAY BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: NAY ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: NAY MOTION CARRIED. Chairman Matisak reiterated, "So, we'll go with the verbiage of `Vice Chairperson'." Regarding Item `D.' in Section `IV. OFFICERS AND THEIR DUTIES', Chairman Matisak asked, "Are there any objections to that?" Alternate Board Member Moore replied, "No." No objections were noted. Discussion of whether Alternate Board Members could become Chairman or Vice Chairperson. Captain Tolleson stated, "Section 2-58. says, `the Members of the Enforcement shall elect a Chair from among its Members who are Voting Members'." Captain Tolleson continued, "And just to go back one when we were talking about the Vice-Chair. City Code also refers to chairmanships as `Chairperson' per vice. And that's Section (g) of 2- 42." Chairman Matisak asked, "So, do we want to go with City policy on that then?" No objections were voiced. Board Member Weisman asked, "So, we are going to add it here?" Chairman Matisak replied, "Yes, we need to." Discussion. Continuing, Chairman Matisak commented, "We will let the Clerk handle the actual verbiage and we'll look at it next when we come back." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-NOVEMBER 27, 2007 (RESCHEDULED FROM NOVEMBER 20, 2007) PAGE 7 OF 12 Regarding any other changes to Section `IV. OFFICERS AND THEIR DUTIES', Item `D.', no objections were noted. No objections were voiced for keeping Section `IV. OFFICERS AND THEIR DUTIES' `Item `E.' the same. Discussion ensued on Section `IV. OFFICERS AND THEIR DUTIES' Item `F.' Regarding the signing of documents done by the Chairman, Board Member Weisman asked Chairnan Matisak, ``Does that cover when you're -traveling -because that's not necessarily at a Meeting?" Captain Tolleson replied, "Yes." Further discussion ensued on `IV. OFFICERS AND THEIR DUTIES' Item `G.' Tape USide B Discussion continued. Regarding the `longest level of service', Captain Tolleson commented, "The City's not really clear on that. There again, these are one of those things that are implied by your - rules - in the City Code as well under powers, Code Board specific, adopt the rules for its Hearings. So, everything you're doing tonight is legal. It's whatever you all want to do. It's covered by City Code as well as State Statute. Whatever's in the document that you all produce -that's the rules." Continuing, Chairnan Matisak said regarding changing `IV. OFFICERS AND THEIR DUTIES' Item `G.' to, "Longest sitting Member in totality." No objections were noted. Discussion ensued regarding Section `V. ELECTIONS OF OFFICERS' Item `A.' and `B.' and no changes were noted. Regarding Section `V. ELECTIONS OF OFFICERS' Item `C.', Alternate Board Member Moore added, "Shouldn't that be `Chairman or Vice Chairperson'? What is the slash there?" Chairman Matisak replied, "The slash could be `or, and, both'. Alternate Board Member Moore continued, "Then `and/or' would be the proper phrase." Chairnan Matisak asked, "Any objections to that?" No objections were voiced. Discussion ensued on the procedure if the Chairnan or Vice Chairperson could not continue their position within the year. Chairman Matisak stated, "So, we'll go ahead and make an Amendment to `C.' that when the Chairnan seat is vacated, Vice Chairperson will go ahead and assume the Chairman, as per Policy anyway. But they'll retain that until next Election and then we will have an Election for the Vice Chairperson, per City Code 2-42." Regarding the amendment to Section `V. ELECTIONS OF OFFICERS' Item `C.', no objections were noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 27, 2007 (RESCHEDULED FROM NOVEMBER 20, 2007) PAGE 8 OF I2 Continuing to Section `VI. MEETINGS' Item `A. Regular Meetings', Chairman Matisak noted, "I think we should strike this sentence, `the Board may set Meetings more frequently if necessary'." Discussion continued. No objections were noted for the Amendment to Section `VI. MEETINGS' Item `A. Regular Meetin~s'_ Board Member Pitts added, "I would suggest that you take out the first and second sentence altogether; just leave the third sentence in there." Board Member Pitts continued, " `Regular Meetings shall be held as needed', leave that out. `The Board may set Meetings more frequently if necessary', leave that out and just say `Regular Meetings shall be held on the third Tuesday of each month -unless otherwise scheduled'." No objections were noted. Regarding Section `VI. MEETINGS' Item `B. Special Meetings', Board Member Pitts commented, "I would put the Code Inspector first; either by the Code Inspector, the Chairman or by three (3) Members of the Board, per Section...'' Captain Tolleson remarked, "...Actually by doing that Mr. Pitts, you've pretty much have written it right out of the City Code." Chairman Matisak asked, "What City Code?" Captain Tolleson replied, " 2-60." Continuing, Chairman Matisak asked, "Is there any objection to that?" No objections were voiced. No Amendments were made for Section `VI. MEETINGS' Item `C. Notice'. Discussion ensued on attendance of Board Members. Chairman Matisak explained that when a Board Member contacts the Clerk informing her of the Board Member's absence at a future Meeting, the Board Member should let the Clerk know whether the reason is work or personal related. No Amendments were made for Section `VI. MEETINGS' Item `E. Quorum and F. Votin '_ Further discussion ensued on Section `VI. MEETINGS' Item `G. Participation by Alternate Board Members' and no Amendments were made. Regarding Section `VI. MEETINGS' Item `G. Procedure', Alternate Board Member Moore remarked, "Procedures should be `L' not `G.' again." Chairman Matisak replied, "Very good." Discussion continued. ~4lternate Board Member Wood arrived cat 8: 24 p.m. Chairman Matisak added, "For the Record that Alternate Board Member Moore is in a Voting capacity this evening in place of Board Member Crenshaw. And for the Record, Alternate Board Member Wood is now present." Discussion ensued of procedures of the Meetings. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 27, 2007 {RESCHEDULED FROM NOVEMBER 20, 2007) PAGE 9 OF 12 Tape 2/Side A Discussion of lights and microphone use during Meetings and on Section `VI. MEETINGS' `Item G. Procedure' `8.' Vice Chairperson Kamon suggested, "Put a star by `8.' and then we'll come back." Chairman Matisak said, "Okay. Why don't we do that?" Chairman Matisak continued, "Leaving `8.' open. So, `l.' thru `7.' in `I. Procedure'." No objections were voiced. "I'LL MAKE THE MOTION FOR A F[VE (5) MINUTE RECESS." MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. BOARD MEMBER WEISIVIAN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON KAMON: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. Chairman Matisak called a Recess at 8:45 p. m. The Regular Meeting was called back to Order at 8:49 p. m. by Chairman Matisak. Discussion ensued on Section `VII. ORDER OF BUSINESS'. Next, Chairman Matisak commented, "Basically, kind of a note for the Chair -during Call of Order, to let people know to please silence your pagers and cell phones.'' Discussion. No objections were noted. Regarding the skirt for the light board at the dais, Ms. Harker commented that once the seating arrangements had been finalized that a skirt would be created. Further discussion on the dais light. Continuing, Chairman Matisak asked, "Any other changes on Section `A.' or `B.'?" No objections were voiced. Chairman Matisak commented that Section `VII. ANNUAL ORGANIZATIONAL MEETING' should be `VIII. ANNUAL ORGANIZATIONAL MEETING'. Captain Tolleson explained to the Board the Qualification of Posting and the Qualification of Code Enforcement Officers. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 27, 2007 (RESCHEDULED FROM NOVEMBER 20, 2007) PAGE ]0 OF 12 Board Member Weisman commented about punctuation needed at the end of Section `VIII. ANNUAL ORGANIZATIONAL MEETING' `B.' and a comma needed before `as applicable' in Item `F.'. No objections were noted. Further discussion. Under `IX. HEARINGS' Item `4.' `b)', Chairman Matisak commented, "It's supposed to be `the opportunity'." Chairman Matisak commented for an Amendment to `IX. HEARINGS' `5.' and `6.', "To make this into a question so that it's understood by whoever's reading this that there's a -question that needs to be asked to both parties of who's going to be representing that entity in the Case." No objections were voiced. Discussion ensued on `IX. HEARINGS' `7.' thru '10.'. No objections were noted. Discussion ensued on the Clerk of the Code Enforcement Board reading the full Motions. Regarding difficult Finding of Facts or Relief Orders, Chairman Matisak said, "Basically the Board Member doesn't ask for a reading from the Clerk. In fact, the Motion is made from the -Board Members themselves - we would probably want to make it standard procedure though." Further discussion. Vice Chairperson Kamon noted that `IX. HEARINGS' `A) Deliberations' `15.' needed to be changed to `5.'. No objections were voiced. Discussion continued. Adding to `IX. HEARINGS' `A) Deliberations' `3.', Chairman Matisak said, "Basically what we'll state here is that the Clerk give a full reading of the Motion. After reading, Motion is seconded; then we have discussion; then Vote." Vice Chairperson Kamon remarked, "And number `4.' is going to have the same addition to the bottom of it." Chairman Matisak replied, "Correct." No objections were noted to the Amendment. Continuing, Chairman Matisak suggested the change to `4.', "Then we can add, after the reading of the Motion, we'll have a Second, discussion and then Vote." Further discussion. CITY OF WINTER SPRINGS, FLOR[DA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 27, 2007 (RESCHEDULED FROM NOVEMBER 2Q 2007) PAGE t I OF 12 Vice Chairperson Kamon suggested, "I was thinking under this `A) Deliberations', at the bottom, we could put something like, `if the standardized Finding of Fact and Relief Orders scripts are not applicable, Board Member themselves will give full reading of the Motion. And that would kind of cover those odd Cases. And furthermore that number `8.' where we talk about using the standardized Finding of Fact, we could put basically the same verbiage of that little sentence right there in number `8."' Discussion. Tape 2/Side B Vice Chairperson Kamon reiterated, "If standardized Finding of Fact and Relief Order scripts are not applicable or we can say needs severely amended, or something of that form, the Board Member themself will give the full reading of the Motion." Chairman Matisak said, "So, we'll make that adjustment." Vice Chairperson Kamon added, "And we'll do it to number `8.' also." Chairman Matisak continued, "Right. Add that in number `8.' for the Hearing as well." No objections were voiced. Regarding `IX. HEARINGS' `B., Hearing Procedures', Chairman Matisak suggested, "I think also there needs to be an addition here; that the Chair must ask what is your Objection, number one (1). Then, state whether its sustained, which means granted; or number two (2), its overruled, which is its denied. So, I would ask that we add that component in to this as well." No objections were noted. Next, Captain Tolleson discussed with the Board `IX. HEARINGS' `C.) Introduction of Evidence'. Vice Chairperson Kamon asked if the PowerPoint presentation as a whole that is given to the Clerk at every Meeting would be just one (1) item. Captain Tolleson replied that it would be prefixed as one (1) item. Further discussion. Continuing, Chairman Matisak said, "We'll move on to Miscellaneous which is really only number one (1), not number two (2)." Discussion. Regarding `X. MISCELLANEOUS', Chairman Matisak asked, ``Questions, comments, or Objections to that?" No objections were voiced. Further discussion. Chairman Matisak asked, "We have a suggestion to -reverse where the Respondent and the City sit -from what was list in the document to switch sides. So, do we have any Objection to doing that?" Discussion continued. Chairman Matisak asked again, "Is there any Objection in doing that?" No objections were noted. Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 27, 2007 (RESCHEDULED FROM NOVEMBER 20, 2007) PAGE 12 OF 12 Alternate Board Member Wood commented, "And I want to applaud you; I know this took a lot of time." Chairman Matisak remarked, "A lot of this actually came from Captain Tolleson and the Clerk, so, I applaud them." Board Member Pitts added, "I agree. Excellent job." Further discussion. Continuing, Chairman Matisak said, "We'll go ahead and make these Amendments as been approved by the Board. Actually, one of the -next things we have to do is have a Motion to make these Amendments. And then have this brought to the Board in our next Meeting, which will be in December, for final Approval. Can I have that Motion?" "I WILL MAKE A MOTION." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON KAMON: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Discussion continued. ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 9:44 p.m. RESPECTFULLY SUBMITTED: ,~fi . ..a , ' _~~U~ t P?~;~fIELLE HARKER ~+SSISTANf TO TI-:E CITY CLE NOTE: These Minutes were approved at the December 17, 2007 Code Enforcement Board Regular Meeting.