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HomeMy WebLinkAbout2013 04 23 Consent 200 Unapproved Regular Meeting Minutes from March 26, 2013 ��� CITY OF WINTER SPRINGS, FLORIDA �_'� MINUTES ~� O CODE ENFORCEMENT BOARD � REGULAR MEETING �,,,� MARCH 26, 2013 �1� "c'� i� CALL TO ORDER � The Regular Meeting of Tuesday, March 26, 2013 of the Code Enforcement Board was called to Order by Vice Chairperson Fisher at 5:30 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Laura-Leigh Wood, absent [Excused] Vice Chairperson Hugh Fisher,present Board Member Laurie Bates Calhoun, present Board Member Carole Giltz,present Board Member Marvin Kelly,present Board Member Gregg Roero,present Board Member Jim Wentz,present Assistant City Attorney Kate Latorre, present Assistant to the City Clerk Sean Beaudet, present Deputy City Clerk Sarah Hart, present Vice Chairperson Fisher asked Assistant to the City Clerk Sean Beaudet if he had heard from Chairperson Wood. Assistant to the City Clerk Beaudet confirmed he had heard from Chairperson Wood, and Vice Chairperson Fisher stated "We will count her absence as `Excused' this evening." A moment of silence was held, followed by the Pledge of Allegiance. In reference to Agenda changes, Assistant to the City Clerk Beaudet noted that Agenda Item "502.2" would not be presented. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 26,2013 � PAGE 2 OF 12 �1 i�y REGULAR AGENDA- PART I ���" C.� REGULAR � 600. Office Of The City Attorney � Requesting Approval Of An Acceptable "Qualification Of Posting" For The � Current Year as Described in Section 162.12, Florida Statutes. �.� ''� Assistant City Attorney Kate Latorre presented this Agenda Item and stated "162 sets forth the Notice requirements for all actions brought before this Board and it provides Posting the property and Mail Notice. In addition to those two (2) standard procedures, at the option of the Code Board you can authorize Staff to also Notice the property, if needed, by publication in a newspaper and Posting. It just provides another option. I don't think it is utilized very much, but your Handbook does ask for you every year to authorize this additional method of Notice to alleged Violators. So, it is just a housekeeping, administrative matter." Vice Chairperson Fisher asked "Do I have a Motion to accept `Qualifications for Posting' for the calendar year?" "I SO MOVE." MOTION BY BOARD MEMBER KELLY. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. �cu�,aR 601. Police Department—Code Enforcement Division Requesting Approval Of The Qualifications Of The Winter Springs Code Enforcement Officers. Captain Chris Deisler, Code Enforcement Division, Police Department presented the item and asked if it would be acceptable for all of the Code Enforcement Officers to present their qualifications and for the Code Enforcement Board to approve all of the Officers at once. Further comments followed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 26,2013 PAGE 3 OF 12 � Vice Chairperson Fisher noted "The Handbook does require that they be done �� individually. I would be happy to entertain that we save the approval until the end and � have each one present their qualifications, if that would be amenable to the Board? Is it � the Consensus of the Board to receive all of the qualifications and have one (1) Vote?" � No objections were noted. � Corporal Jim Flannigan, Code Enforcement Division, Police Department introduced � himself; noted he had been with the Code Enforcement Division for five (5) years; and � had obtained Training Certificates from the Florida Association of Code Enforcement (FACE), Levels 1, 2, and 3. Inspector Christi Flannigan, Code Enforcement Division, Police Department presented her qualifications and remarked that she had been with the Code Enforcement Division for three (3) years; and had received Training Certificates from the Florida Association of Code Enforcement (FACE), Levels l, 2, and 3. Inspector Butch West, Code Enforcement Division, Police Department introduced himself and spoke on his qualification, and pointed out that he had attained Training Certificates from the Florida Association of Code Enforcement(FACE), Levels 1, and 2. Captain Deisler introduced himself; stated that he is the Commander of the Code Enforcement Division; that from the Florida Association of Code Enforcement (FACE), he received Training Certificates in Levels 1 and 2; and has received additional training. Vice Chairperson Fisher thanked the Staff from the Code Enforcement Division and remarked, "I will now entertain a Motion to approve the qualifications of Captain Deisler, Corporal Flannigan, Inspector Flannigan, and Inspector West." "SO MOVED." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 26,2013 PAGE 4 OF 12 � REGULAR �z-1 602. Office Of The City Attorney � Requesting The Code Enforcement Board Discuss and Re-Adopt The City Of � Winter Springs Code Enforcement Board Policy And Procedures Manual For The � Current Year With Any Amendments,As Applicable. � Captain Deisler requested that the Code Enforcement Board move this item to the next � s� meeting and added, "We are going to come back with some suggestions, maybe some � additions, and I'm almost positive, some suggested changes to kind of streamline things; and remove duplications and issues that we really are finding cumbersome. I don't know that they are necessary now, but if you will give us the pleasure of hearing that next month, we would like to do that." No objections to moving this item to the next meeting were noted. REGULAR 603. Office Of The City Attorney Requesting The Code Enforcement Board Discuss And Re-Adopt The Sample Motions For The Current Year With Any Amendments, As Applicable. Vice Chairperson Fisher inquired "Has there been any changes in the Sample Motions that are to be presented this evening, from the previous year?" Assistant City Attorney Latorre answered, "There has been no changes to the Sample Motions. If the Board likes what you are working with — keep them. If you have any suggested changes — we'll be happy to put those into effect as well." With no further discussion, Vice Chairperson Fisher asked for a Motion to approve the current Sample Motions. "I MOVE THAT WE APPROVE THE SAMPLE MOTION(S)." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FIARIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 26,2013 PAGE 5 OF 12 � �� INFORMATIONAL AGENDA � INFORMATIONAL � 100. Not Used �+ � "�+ ❖❖ AGENDA NOTE: "REPORTS" WERE DISCUSSED NEXT, � FOLLOWED BY THE REST OF THE AGENDA, IN THE ORDER � DOCUMENTED. ❖❖ REPORTS REPORTS 400. Office Of The City Attorney No Report was given. REPORTS 401. Code Enforcement Division Captain Deisler mentioned to the Code Enforcement Board about the forthcoming City Commission Workshop scheduled for April 15, 2013 at 6:00 p.m., which will address On-Street Parking. REPORTS 402. Office Of The City Clerk No Report. REPORTS 403. Code Enforcement Chairperson Absent. REPORTS 404. Code Enforcement Vice Chairperson No Report was given. CITY OF WINTER SPRINGS,FLARIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 26,2013 �,'� PAGE 6 OF 12 �� � REPORTS � 405. Code Enforcement Board Members � � � No Reports. � � � PUBLIC INPUT Vice Chairperson Fisher opened "Public Input". Mr. Robert Morrison, Esquire, Post Office Box 940518, Maitland, Florida: advised the Board Members that he was trying to help Mr. and Mrs. Testerman reduce a Code Enforcement Board Lien; and explained this was a short sale, reviewed some of the financial issues involved in this transaction, previous Agenda issues with their situation, and asked how they could approach the City Commission for closure. Assistant City Attorney Latorre commented on the Code and what the process is. Further discussion. Mr. Darrell Nunnelley, 11137 Lake Butler Boulevard, Windermere, Florida: further commented on this Case, that a construction permit was needed to bring this house into Compliance, and that he was the Real Estate Agent and Contractor for the potential Buyer. Vice Chairperson Fisher closed "Public Input". CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The February 26, 2013 Code Enforcement Board Regular Meeting Minutes. Vice Chairperson Fisher asked for a Motion to approve the February 26, 2013 Regular Meeting Minutes. "I MOVE WE APPROVE THE MINUTES FROM THE LAST MEETING." BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD `� REGULAR MEETING-MARCH 26,2013 r,.�,1 PAGE 7 OF 12 F��'�� �+ �.....�rI VOTE: � BOARD MEMBER KELLY: AYE � BOARD MEMBER WENTZ: AYE �"'°"`� BOARD MEMBER ROERO: AYE � VICE CHAIRPERSON FISHER: AYE � � BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used Assistant to the City Clerk Beaudet swore in those who would be providing Testimony during tonight's Meeting. 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-MARCH 26,2013 PAGE 8 OF 12 PUBLIC HEARINGS AGENDA- NEW CASES � w � PUBLIC HEARINGS-NEW CASES Q 502.1 Code Enforcement Division—Police Department � CASE # 12-0028542 � Ronald Lesage And Corey Folan � 31 North Cortez Avenue Winter Springs,Florida 32708 � Sec. 13-2.Junk And Debris � Date Of Service: March 7, 2013 Inspector: Christi Flannigan Inspector Flannigan presented the Case and submitted into Evidence "`WS-1' which is the CD (Compact Disc) of all the (PowerPoint) Presentations tonight; `WS-2' is the United States Postal Service Notice of Violation that was mailed on 11/28/2012; `WS-3' is the United States Postal Service Notice of Code Violation, the second time; `WS-4' is also for the second Notice of Violation that was mailed to the bank; `WS-5' is the Affidavit of Posting for the Code Board Hearing; and `WS-6' is the United States Postal Service Notice for the Code Board Hearing." Continuing, Inspector Flannigan noted "This was first observed November 27th, 2012. There is a large pile of junk and debris in the front and the side yards. There was originally large piles of wood, some containers, blocks, and fence pieces that were piled in the yard. Notice of Violation was mailed on November 28t1i, 2012 to the owner of Record, which was delivered on November 30th, 2012. In researching the property, the bank was also notified on the concern. A Notice was mailed on January 14, 2013 and the Owner of Record was also Re-Noticed. There has been no contact with the owner, other than the day the property was Posted. I was informed that there was no junk and debris and the items in the carport were okay, because somebody else had advised him that it was his garage space. On March 25tn, 2013 while at the property for a separate issue — speaking with the owner Ronald (Lesage), who is here tonight — he was advised that due to the continual issue that the Case would still be presented to the Board for Finding of Fact. Notice of Code Board (Hearing) was mailed on March 7th, 2013. The United States Postal Service website shows the Notice was delivered. Code Board Notice was also Posted at the property on March 6tn„ Photographs were shown from the PowerPoint Presentation. Further comments. Next, Inspector Flannigan stated, "I was out there yesterday and I spoke with the Owner of Record. The property has been brought into Compliance at this time. I am requesting that it just be entered as a Finding of Fact for the junk and debris, because it has been a continual complaint issue." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD � REGULAR MEETING-MARCH 26,2013 PAGE 9 OF 12 �� Mr. Ronald Lesage, 31 North Cortez Avenue, Winter Springs, Florida: explained that he 0 has many commitments which keep him busy, and noted, "I did purchase a piece of � property in Longwood, so I can start keeping my jet skis; my extra trailers; and anything � that I had at home that I can't put behind the face of the house. I have purchased and am � renting in Longwood now. I've laid sod, sprinklers, and done everything to try and � beautify it. The day I did get cited, I was actually working. I moved onto the backyard � and sometimes, as you all know, in order to clean something it might look worse at first. So, I was pulling stuff out and I was doing trailer runs and while I was gone is when I got coded." Further comments. Discussion followed on the Code Inspector recommendation. "I MOVE TO FIND THE RESPONDENT VIOLATED THE CITY CODE AND FAILED TO CORRECT THE VIOLATION BY THE TIME SPECIFIED FOR CORRECTION BY THE CODE INSPECTOR; THAT THE VIOLATION IS CURRENTLY CORRECTED; AND THAT NO FINE BE IMPOSED. ANY SUBSEQUENT VIOLATION OF THE SAME CITY CODE PROVISIONS BY RESPONDENT WITHIN FIVE (5) YEARS FROM THE DATE OF THIS ORDER SHALL BE CONSIDERED A REPEAT VIOLATION, FOR WHICH A FINE OF UP TO FIVE HUNDRED DOLLARS ($500.00) PER DAY MAY BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KELLY: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE # 12-0028379 Thomas And Cara Baublitz 705 Briarwood Drive Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. IPMC 304.13 Window, Skylight, And Door Frames. Date Of Service: March 7, 2013 Inspector: Christi Flannigan This Case was not heard. CTI'Y OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD � REGULAR MEETING-MARCH 26,2013 r 1 PAGE 10 OF 12 f'��� � PUBLIC HEARINGS-NEW CASES � 502.3 Code Enforcement Division—Police Department � CASE # 12-0028463 �� Roberto Riviera,LBMS, Seterus Inc. � 503 Evergreen Avenue Winter Springs, Florida 32708 �-'�--' IPMC 304.9 Overhang Extensions. � Date Of Service: March 8, 2013 Inspector: Christi Flannigan Inspector Flannigan presented the Case and entered into Evidence, "`WS-2' which is the Affidavit of Posting for the first Notice of Violation; `WS-3' is the United States Postal Service Notice for the first Notice of Violation; `WS-4' is the Affidavit of Posting for the second Notice of Violation; `WS-5' is the United States Postal Service Notice for the second Violation; `WS-6' is also the United States Postal Service second printout for the Notice of Violation; `WS-7' is the Affidavit of Posting for Code Board; `WS-8' is the United States Postal Service Code Board Hearing Notice; and `WS-9' is also the Hearing Notice for the Code Board." Continuing with the presentation, Inspector Flannigan said "November 7th, 2012 I observed that there was insulation falling from the carport area of the structure. The Notice of Violation was mailed to the Owner of Record, Roberto Riviera, on November 15th, 2012. United States Postal Service shows that there was a Notice left. The Notice of Violation was also Posted at the property on November 27th, 2012. Until the Case was set for Code Board in February, there had been no contact from the Owner of Record — Mr. Riviera. His wife came to the station and provided bankruptcy paperwork for the property and advised that Seterus Incorporated was the owner from the bankruptcy. Public Records show that the mortgage was through LBMS Bank. Notice of Violation was re-issued to Seterus (Incorporated), Mr. Riviera, and LBMS (Bank) on February 22, 2013. One was delivered, one was undeliverable, and another, the Notice was left. Notice of Violation was Posted at the property on February 22°d, 2013. The Notice of the Hearing was to all three (3) interested parties on March 8�', 2013; and also Posted at the property and Winter Springs City Hall on March 7t", 2013." Photographs were shown from the PowerPoint Presentation. With further remarks, Inspector Flannigan concluded, "In regards to this Case, I am recommending that the owner be given until April 26th, 2013 to correct the Violations. If in Non-Compliance, a fifty dollar($50.00) a day Fine be imposed, retroactive to March 26�', 2013." Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES � CODE ENFORCEMENT BOARD REGULAR MEETING-MARCH 26,2013 �� PAGE 11 OF 12 � Assistant City Attorney Latorre inquired, "Is the property currently in bankruptcy?" � Inspector Flannigan replied, "The papers showed that it was already discharged." �� Assistant City Attorney Latorre noted that it was fine to proceed and said, "We don't �� want to penalize a property that is in bankruptcy and violate Federal Law." ,..� � "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE � AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL APRIL 26TH, (2013) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLAR5 ($50.00) FOR THE FIRST DAY AND FIFTY DOLLARS ($50.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. BOARD MEMBER GILTZ ASKED IF THE RETROACTIVE LANGUAGE SHOULD BE ADDED TO THE MOTION. ASSISTANT CITY ATTORNEY LATORRE EXPLAINED, "THE STAFF RECOMMENDATION WAS THAT IF THE FINE IS IMPOSED, IT BEGIN ON TODAY'S DATE. SO, IT WOULD BE RETROACTIVE AND IF YOUR INTENT IS TO ADOPT THE STAFF'S RECOMMENDATION, THEN WE JUST NEED TO CLARIFY THAT FOR THE RECORD." VICE CHAIRPERSON FISHER SAID TO BOARD MEMBER WENTZ, "DO YOU WISH TO CLARIFY THAT?" BOARD MEMBER WENTZ ANSWERED, "YES. SO,DO I NEED TO RE-READ THAT?" ASSISTANT CITY ATTORNEY LATORRE POINTED OUT, "NO. AS LONG AS THE RECORD IS CLEAR AND THE BOARD IS CLEAR ON WHAT THE MOTION WAS —ADOPTING THE STAFF RECOMMENDATION AND TOTAL, INCLUDING THE RETROACTIVE FINE,THEN I THINK WE ARE OKAY." VICE CHAIRPERON FISHER INQUIRED "DOES EVERYONE UNDERSTAND?" ALL OF THE BOARD MEMBER NODDED THEIR HEADS IN AGREEMENT. NO ISSUES OR CONCERNS WERE NOTED. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD � REGULAR MEETING—MARCH 26,2013 �'� PAGE 12 OF 12 � PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES � � .- -i PUBLIC HEARINGS—NEW CASES � 503.1 Not Used .,�.•� � °-7 REGULAR AGENDA- PART II REGULAR 604 Not Used PUBLIC INPUT Vice Chairperson Fisher opened "Public Input". No one spoke. Vice Chairperson Fisher closed "Public Input". ADJOURNMENT Vice Chairperson Fisher adjourned the Regular Meeting at 6:12 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ,2013 Code Enforcement Board Regular Meeting.