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Home My WebLink About2004 01 20 Consent 200 Approval of the December 16, 2003 Regular Meeting MinutesCITY 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, Ms 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 995 Papaya Lane Gary J. Sr. & Paula M. Kohler Section Chapter 5 (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 $5,000.00 per tree." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -DECEMBER 16, 2003 PAGE 2 OF 5 Board Member -------- 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 ------- stated, "Nope. 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, FL 32708: approached the bench and informed the Board that he did not know he needed a permit to remove the trees. Discussion. Discussion ensued between Captain Tolleson and Mr. Kohler regarding the requirement to have a permit. Mr. Michael Mingea, City Arborist, 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 AT 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 2-59. OF THE CITY CODE THAT A VIOLATION OF CHAPTER 5 [REMOVAL OF TREES WITHOUT A PERMIT] OF THE CITY CODE EXISTED; (2) THAT THE VIOLATORS WERE PROVIDED NOTICE, IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE, OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD, AND THAT THE VIOLATORS 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 PAGE 3 OF 5 VOTE: BOARD MEMBER MATISAK: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER THOMPSON: NAY MOTION CARRIED. Tnpe //Side 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 5 [REMOVAL OF TREES WITHOUT APERMIT] - OF THE CITY CODE. I MOVE THAT THE VIOLATORS BE FINED FIVE HUNDRED DOLLARS ($500.00) 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 NECESSITATE 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 ROERO. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -DECEMBER 16, 2003 PAGE 4 OF 5 VOTE: BOARD MEMBER THOMPSON: NAY BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER MATISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. "I MAKE A MOTION THAT WE AMEND THE PREVIOUS RELIEF ORDER TO SPECIFY ATIME -WHEN IT NEEDS TO BE PAID. I WILL GO ALONG WITH SIXTY DAYS." MOTIONED. SECONDED. DISCUSSION. VOTE: VICE CHAIRMAN ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER MATISAK: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER THOMPSON: NAY CHAIRMAN PITTS: AYE MOTION CARRIED. REGULAR D. CASE #03-0004309 214 South Moss Road Theresa M. Mandigo Section 6-195. (Fence In Disrepair) Captain Tolleson asked the Board if we could postpone this case until the next hearing. "CASE #03-0004309 BE POSTPONED UNTIL FURTHER NOTICE BY CAPTAIN TOLLESON." MOTION BY CHAIRMAN PITTS. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. BOARD MEMBER MATISAK: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN WARNER: 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 PAGE 5 OF 5 • • AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. • • REGULAR A. CASE #01-137 120 3rd Street North Olive Assam Tenant: Adolph Bryan Jr. Section ZO-431. & 20-432. (Commercial Vehicle) Repeat Offender REGULAR B. CASE #03-0004056 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 repeated offenders -good if we could get a copy of the previous Relief Order." Captain Tolleson indicated, "I bring those and provide them." Board Member asked, "Are we going to be trained for the other part that we are - getting?" Captain Tolleson replied, "Yes. Anthony Garganese, (City of Winter Springs Attorney) will be putting that on. I spoke with him two weeks ago. Board Member requested, "I would like to suggest - do it [meet] at 6:00 p.m. instead of 7:00 p.m. Captain Tolleson indicated, "As you had asked, I passed that along, they were fine with that." Board Member asked, "When are they looking to [meet]?" Captain Tolleson indicated, "Right after the first of the year." Captain Tolleson updated the Board on previous cases. V. ADJOURNMENT With consensus of the Committee, Chairman Pitts adjourned the Meeting at 8:07 p.m. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -DECEMBER 16, 2003 PAGE 6 OF 5 RESPECTFULLY SUBMITTED BY: DEBBIE FRANKLIN, DEP UTY CITY CLERK AND NICOLE SEIVERS ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 2004 Code Enforcement Board Meeting.