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Home My WebLink About2011 03 15 Consent 200 Approval Of February 15, 2011 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 15, 2011 CALL TO ORDER The Regular Meeting of Tuesday, February 15, 2011 of the Code Enforcement Board was called to Order by Chairman Laura -Leigh Wood at 7:00 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, present Vice Chairman Hugh Fisher, present Board Member Dick Crenshaw, present Board Member Barbara Croswell, present Board Member Carole Giltz, present Board Member Tony Ingria, arrived at 7:03 p.m. Board Member Leah Weisman, present Attorney Debra Babb - Nutcher, present Following, there was a moment of silence for our Troops and then the Pledge of Allegiance. Next Chairman Wood inquired if there were any Agenda changes in which, Assistant to the City Clerk Gayle Coutant replied, "There's only one Case that is going to be heard and that is Public Hearings `502.3'." Assistant to the City Clerk Coutant swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of the Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 15, 2011 PAGE 2 OF 8 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The January 18, 2011 Code Enforcement Board Regular Meeting Minutes. Chairman Wood asked, "Do I have an Approval for the Minutes of January 18, 20117 "SO MOVED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VICE CHAIRMAN FISHER NOTED THAT THERE WAS A "C" WITHIN HIS NAME ON PAGE 4 OF THE MINUTES. BOARD MEMBER CRENSHAW STATED, "I WILL INCLUDE THAT IN MY MOTION. I WILL AMEND MY MOTION TO INCLUDE THE TYPO." SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. Board Member Anthony Ingria arrived 7:03 p.m. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER INGRIA: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 15, 2011 PAGE 3 OF 8 REPORTS 401. Code Enforcement Bureau No Report. REPORTS 402. Office Of The City Clerk No Report. REPORTS 403. Code Enforcement Chairman No Report. REPORTS 404. Code Enforcement Vice Chairman No Report. REPORTS 405. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 15, 2011 PAGE 4 OF 8 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau — Police Department CASE #10- 0024444 Trisha I. And Dewey Noland 103 South Flamingo Avenue Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified — Proof Of Delivery January 28, 2011 Inspector — Christi Flannigan This Agenda Item was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #10- 0024486 Federal National Mortgage Association 700 Briarwood Drive Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified — January 27, 2011 Inspector — Christi Flannigan This Agenda Item was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #10- 0024494 Theresa M. And Scott A. Mandigo 214 South Moss Road Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified — January 27, 2011 Inspector — Christi Flannigan Chairman Wood announced that Christi Flannigan, Code Enforcement Bureau, Police Department would be presenting this Case. Inspector Flannigan indicated that she had the Affidavit of Posting and a CD to enter into Evidence and provided Testimony stating, "I first observed this Violation the 29 of December 2010. I observed it from the sidewalk area, looking through the fence slats that are missing, which is a separate Case. I Re- inspected on January 3 January 13 January 21 January 25 February 8 1h and February 14 and the Violation has yet to be corrected." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 15, 2011 PAGE 5OF8 Continuing Inspector Flannigan stated, "As of today, the pool has not been corrected. We are asking for Finding of Fact and Relief." Photographs of the stagnant pool were observed by those in attendance. Discussion ensued regarding the safety of the wooden fence. "I WILL MAKE THE MOTION TO HAVE GAYLE (COUTANT) READ — PAGE 5." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY VICE CHAIRMAN FISHER. DISCUSSION. "THE CITY OF WINTER SPRINGS VERSUS THERESA M. AND SCOTT A. MANDIGO, CASE NUMBER 10- 0024494. 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 HER CASE BASED ON THE FOLLOWING: FINDING OF FACT.• THAT THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2 -59. OF THE CITY CODE AND THAT A VIOLATION OF SECTION 13 -2. STAGNANT POOL OF THE CITY CODE EXISTED. 1. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 2. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 3. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 4. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. SCOTT A. MANDIGO AND MS. THERESA M. MANDIGO, (CASE NUMBER 10- 0024494) HAS VIOLATED SECTION 13 -2. STAGNANT POOL OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 15, 2011 PAGE 6 OF 8 VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. "I MOVE THAT WE USE RELIEF ORDER `A' WITH THE MAXIMUM'S THAT WERE MENTIONED EARLIER, 250 ($250.00) [TWO HUNDRED AND FIFTY DOLLARS] AND 500 ($500.00) [FIVE HUNDRED DOLLARS] AND FIVE (5) DAYS NOTIFICATION." MOTION BY VICE CHAIRMAN FISHER. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. CHAIRMAN WOOD REMARKED, "FOR CLARIFICATION FOR THE RECORD, A MOTION BY VICE CHAIR(MAN) FISHER FOR RELIEF ORDER `A' ON PAGE 11 WITH FIVE (5) DAYS AND TWO HUNDRED AND FIFTY (DOLLARS) [$250.00] PER DAY WITH A REPEAT FINE OF FIVE HUNDRED (DOLLARS) [$500.00] PER DAY WITH A REQUEST FOR A FULL READING TO BE DONE." DISCUSSION REGARDING PROPOSED AMENDED RELIEF ORDER THAT WAS TO BE PROVIDED BY THE ASSISTANT CITY ATTORNEY ENSUED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS THERESA M. AND SCOTT A. MANDIGO, CASE NUMBER 10- 0024494 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13 -2., STAGNANT POOL OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) [BUSINESS] DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENTS FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PERIOD, A FINE OF TWO HUNDRED AND FIFTY [DOLLARS] ($250.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 15, 2011 PAGE 7 OF 8 FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE, FOR A REPEAT VIOLATION, WILL BE FIVE HUNDRED DOLLARS - ($500.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER." FULL READING BY CHAIRMAN WOOD. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER CROSWELL: AYE CHAIRMAN WOOD: AYE BOARD MEMBER INGRIA: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 503. Not Used. REGULAR AGENDA REGULAR 600. Not Used. In other business, discussion ensued on the revised Relief Order "A ". Chairman Wood noted, "Gayle (Coutant) if you could get that." Vice Chairman Fisher inquired, "Is it just that Relief Order ?" Captain Glenn Tolleson, Code Enforcement Bureau, Police Department remarked, "It would be just on that one as if this Case does not come into Compliance, then we come back with a Non - Compliance Hearing. At that time, it will be recorded with the Seminole County Clerks Office." The Board then had Consensus that they would just cross out the last section of the Relief Order. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — FEBRUARY 15, 2011 PAGE 8 OF 8 ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 7:21 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the , 2011 Code Enforcement Board Regular Meeting.