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HomeMy WebLinkAbout2010 03 16 Code Enforcement Board Orientation Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD ORIENTATION MEETING MARCH 16, 2010 CALL TO ORDER The Orientation Meeting of Tuesday, March 16, 2010 of the Code Enforcement Board was called to Order by Vice Chairman James B. Pitts at 6:00 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Laura -Leigh Wood, absent Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, present Board Member Hugh Fisher, present Board Member Carole Giltz, present Board Member Gregory Roero, arrived at 6:51 p.m. Board Member Leah Weisman, absent Alternate Board Member #1, Arsenio Calle, present Alternate Board Member #2, Robert Henderson, present Assistant City Attorney Kate Latorre, present REGULAR AGENDA REGULAR 600. Office Of The City Attorney Orientation Meeting With Board Members. Assistant City Attorney Kate Latorre began by stating, "As you know I am here tonight to give a basic Orientation about Code Enforcement, about Public Records, Sunshine Law, Board Proceedings — since my Office started providing counsel to this Board. The City Manager and the City Attorney just thought it would be a good idea to come in and give you a refresher." Attorney Latorre then mentioned she will be presenting a PowerPoint presentation and told the Board she would be happy to give them a copy. First, Attorney Latorre reviewed the history and purpose of the Code Enforcement Board and noted, "Florida Statutes requires that every County, Municipality have a Code CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD ORIENTATION MEETING- MARCH 16, 2010 PAGE 2 OF 4 Enforcement Board. We always defer to Chapter 162, of the Florida Statutes when we are looking at regulations affecting the Code Board. And the Florida Statutes will control over any conflicting provision of Winter Springs Ordinance." Further review of the history continued and Attorney Latorre then said, "As a Code Enforcement Board, you are authorized to impose Administrative Fines and noncriminal penalties." Following, the organization of the Code Enforcement Board was reviewed. Next, rules governing conduct of Board Members such as residency, composition of the Board, Appointment of Board Members and removal of Board Members was addressed. Continuing, Attorney Latorre discussed "Calling a Meeting ", Quorum, Voting and legal representation. The presentation continued with discussion on "Board Powers" and "General Procedures of the Board ". Attorney Latorre then reviewed "Compliance Hearings" in relation to "The Massey Case" and stated, "It's not Statutory — it's just a formality, a procedural formality. We have to give the property owner another opportunity to appear and defend the fact that their property is not in Compliance." Vice Chairman Pitts asked, "Before a Lien is placed on the property ?" Attorney Latorre replied, "Correct." Further discussion ensued on "Compliance Hearings" and Fines imposed on Cases that are not in Compliance. Continuing with the presentation, Attorney Latorre explained "Fine Penalties ". In regards to "Satisfaction of Release of Liens ", Attorney Latorre mentioned, "We are going actually to see one (1) of these on tonight's Agenda," and the process was reviewed in detail. Attorney Latorre then pointed out, "There is criteria that you need to consider in determining whether you want to completely forgive a Lien," and continued by saying, "Or you can reduce it." Next, Attorney Latorre stated, "Based on the Evidence that you see, you are suppose to consider how grave the Violation was; how long it took the property owner to bring the Violation into Compliance; the amount of the Lien and how much interest has accrued; was there any financial hardship presented to the Board, demonstrating why they couldn't pay off the Lien in a more efficient manner; did this person Violate the Code before, do they have a history of Violating the Code, where they are a repeat offender and maybe they don't warrant a reduction in their Lien; and then anything else that the Violator presents to mitigate the damage — the amount of the Lien." CITY OF WINTER SPRING FLORIDA MINUTES CODE ENFORCEMENT BOARD ORIENTATION MEETING— MARCH 16, 2010 PAGE 3 OF 4 The presentation continued with discussion on "Quasi- Judicial Procedures ". Attorney Latorre reminded the Board that the Minutes of all Quasi - Judicial Proceeding (QJP) Hearings must be recorded and then described "Ex parte communications ". Following, information relating to "Voting Conflicts" was then reviewed and Attorney Latorre clarified, "Under Florida Law you are not allowed to Vote any measure which would go to your special private gain or loss, or the special private gain or loss of any principal by whom you are retained, or the special private gain or loss of a relative or business associate." Attorney Latorre then noted, "As Appointed Officers, you're required to disclose your conflict if you are aware of it, prior to the Meeting in a written form, published by the Florida Commission on Ethics and to give it to the Board Secretary. And then before the Hearing even begins, for which you have a conflict, you are required to tell the Board on the Record, `I have a Conflict, I filed a Conflict form with Gayle and I will not be participating or Voting on this matter'." Attorney Latorre addressed, "Government in the Sunshine Law" and provided a brief overview of this Law. Tape 1 /Side B Continuing, Attorney Latorre then commented, "All your discussion about Board business should be done gavel to gavel — the opening gavel to the close gavel. If the Meeting is Adjourned, then you really shouldn't be discussing the Case that just came before the Board." Additionally, information regarding consequences of Violating the Sunshine Law was explained. Board Member Gregory Roero arrived at 6:51 p.m. Finally, "Public Records" was discussed. Attorney Latorre stated, "Just be aware that your notes, everything that you are writing down to perpetuate official City business — you're jotting down a note to yourself so you can remember what the substance of the Hearing was; everything like that is going to be a Public Record." Attorney Latorre also discussed emails and retention of documents. Vice Chairman Pitts stated, "Kate (Latorre), if I may, I think the presentation was excellent and I think I speak on behalf of every Member of the Board. I really would like a copy of it and I think a copy of it ought to be prepared in the packet that is given to any new Board Member that comes on Board." Attorney Latorre responded, "Okay. I will provide Gayle with an electronic copy and make sure that it gets provided to all of you" CITY OF WINTER SPRINGS FLORIDA MINUTES CODE ENFORCEMENT BOARD ORIENTATION MEETING— MARCH 16, 2010 PAGE 4 OF 4 Captain Glenn Tolleson, Code Enforcement Bureau, Police Department suggested, "If you like, Chair; if you recall, I put those Policies and Procedures with the link connected to the Code Board. If you like and if Kate (Latorre) doesn't mind, we can put that link on there as well." Vice Chairman Pitts replied, "That would be great. Thank you Glenn (Tolleson)." Attorney Latorre provided additional information at Board Member's requests on the Sunshine Law and clarification of a Tax Receipt. ADJOURNMENT Vice Chairman Pitts adjourned the Orientation Meeting at 6:59 p.m. RESPECTFULLY SUBMITTED: GA. YLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at theApril 20, 2010 Code Enforcement Board Regular Meeting.