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HomeMy WebLinkAbout2013 07 23 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 23, 2013 CALL TO ORDER The Regular Meeting of Tuesday, July 23, 2013 of the Code Enforcement Board was called to Order by Chairperson Laura-Leigh Wood 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,present Vice-Chairperson Hugh Fisher, absent [Excused] Board Member Laurie Bates Calhoun, present Board Member Carole Giltz, absent [Excused] Board Member Marvin Kelly, absent [Excused] Board Member Gregg Roero, present Board Member Jim Wentz, present Assistant City Attorney Kate Latorre, present Assistant to the City Clerk Sean Beaudet, present Chairperson Wood stated "Please let the Record reflect that Board members (Carole) Giltz, (Marvin) Kelly, and Vice Chair(Hugh) Fisher were absent and `Excused'. A moment of silence was followed by the Pledge of Allegiance. Captain Chris Deisler, Code Enforcement Division, Police Department noted in regards to the agenda changes that "PUBLIC HEARINGS — NEW CASE 502.1" and "PUBLIC HEARINGS — NEW CASE 502.2" would not be presented to the Code Enforcement Board. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 23,2013 PAGE 2 OF 9 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The April 23, 2013 Code Enforcement Board Regular Meeting Minutes. "I MOVE TO ACCEPT THE MINUTES." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRPERSON WOOD: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: NAY MOTION CARRIED. Board Member Wentz explained that he voted "NAY", as he was not present at the April 23, 2013 Code Enforcement Board meeting. Assistant City Attorney Kate Latorre assured that "The Motion still passed, because it was three/one (3 [AYE]/1 [NAY])." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney No Report.. REPORTS 401. Code Enforcement Division Captain Deisler briefly mentioned the proposed, revised On-Street Parking regulations and noted that more infotmation will be brought to the City Commission Regular Meeting on August 12, 2013 for consideration. Chairperson Wood recognized Commissioner Pam Carroll who was in attendance in the audience. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 23,2013 PAGE 3 OF 9 REPORTS 402. Office Of The City Clerk Assistant to the City Clerk Sean Beaudet reminded the Code Enforcement Board Members of the Board and Committee Appreciation Dinner scheduled for August 9th, 2013 at 6:30 p.m. at the Tuscawilla Country Club. REPORTS 403. Code Enforcement Chairperson Chairperson Wood noted "Tonight is my last evening sitting up here and it has been a pleasure to serve the City of Winter Springs. I think we live in a wonderful community and it's been great - to be able to give something back." REPORTS 404. Code Enforcement Vice Chairperson Absent. REPORTS 405. Code Enforcement Board Members The Code Enforcement Board Members were all in agreement that Chairperson Wood would be missed as a Member of the Code Enforcement Board. PUBLIC INPUT Chairperson Wood opened"Public Input". No one addressed the Code Enforcement Board. Chairperson Wood closed"Public Input". PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS-CONTINUED CASES 500.1 Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 23,2013 PAGE 4 OF 9 PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 501.1 Not Used PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE# 13-0029191 Bamidele And Patricia Goubadia, Suntrust 743 Kentstown Court Winter Springs, Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls. Sec. 13-2. (e) Stagnant Pool. IPMC 302.2 Grading And Drainage. IPMC 303.2 Enclosures. Date Of Service: July 9, 2013 Inspector: Christi Flannigan This Case was not heard. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department Case# 13-0028867 Rick Kra ck 1384 Ayerswood Court Winter Springs, Florida 32708 Sec. 6-195. Maintenance Of Fences Or Walls. Sec. 6-217. Enclosure Required. IPMC 304.2 Protective Treatment. Date Of Service: July 12, 2013 Inspector: Christi Flannigan This Case was not presented. PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS-NON COMPLIANCE 503.1 Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 23,2013 PAGE 5 OF 9 Assistant to the City Clerk Beaudet swore in those who would be providing Testimony during tonight's Meeting. REGULAR AGENDA REGULAR 600. Code Enforcement Division—Police Department Case# 11-0026183 Robert Carneal 443 Alderwood Street Winter Springs, Florida 32708 Sec. 2-61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Non-Compliance Hearing Date: October 18, 2011 Inspector: Christi Flannigan And Community Development Department Captain Deis ler presented the Case on behalf of Inspector Christi Flannigan and submitted into Evidence, "WS-1', which is our presentations for both (Regular) Hearings — I'll refer to it in the next presentation; `WS-2' for this Case is the copy of the original Order of the Code Board; `WS-3' is the Affidavit of Compliance for the Violations; and `WS-4' is the consideration letter from the Applicant, with regard to this matter and his request." In addition, Captain Deis ler mentioned for the Record, "I would like to note that Mr. Randy Stevenson (Director) from Community Development is also present, as it relates to this Case." Continuing the presentation, Captain Deis ler stated, "This Violation was first presented to the Code Board at the October 18th, 2011 Hearing by Inspector Christi Flannigan. It was found in Violation. The Order of the (Code Enforcement) Board stated that Violations that she wrote were to be corrected by November 1st, 2011. The Code Enforcement Board found the property in Non-Compliance on December 11 th, 2011. The Owner of Record at that time was Laura Francis and GMAC (General Motors Acceptance Corporation). The Owner of Record at this time is Mr. Carneal." Comments followed on the procedure to satisfaction or release a Code Enforcement Lien as set forth in the City of Winter Springs Code of Ordinances. Next, photographs were shown from `WS-1' and Captain Deis ler confirmed that the Violation had been corrected. Lastly, Captain Deis ler noted the Lien totaled "Approximately eighty-six thousand five hundred eighteen dollars and fifty cents ($86,518.50) as of July 16, 2013. However, given the timelines and the nature of which this Violation was remedied, going forward in a way that's consistent that we've done in the past, the recommendation that we have is that this Lien not be reduced any further than one thousand thirty-four dollars and eighty cents ($1,034.80) which represents our costs, our time, and our manpower." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 23,2013 PAGE 6 OF 9 Chairperson Wood inquired, "Could you give me the date that the Certificate of Title was placed in Mr. Carneal's name?" Captain Deisler answered, "October of 2012." Board Member Wentz then asked, "Then the only issue was the fence issue?" Captain Deisler replied, "That is my understanding Sir." Further discussion. Mr. Robert Carneal, 2365 Pine Meadows Place, Chuluota, Florida: noted that the Alderwood Street property was an investment property; the property was purchased at auction and Mr. Carneal subsequently found the Lien existed on the property; and that Mr. Carneal corrected the issue immediately and had Code Enforcement Staff conduct a re-inspection to confirm the property was in Compliance. Discussion ensued on the Lien reduction amount. Chairperson Wood asked Mr. Carneal if he was satisfied with the reduced lien amount. Mr. Carneal stated, "I'm happy." Further discussion. In regards to the Lien reduction process, Chairperson Wood inquired of Captain Deisler "Will your office be notifying him and telling him the outcome of the City Commissioners response to this?" Captain Deisler stated, "The way the Code is written now, Community Development Department takes this and puts it on the next Commission Agenda - and if I'm not mistaken, in the past, I think that follow up has come from their office." Chairperson Wood inquired, "Is that correct Randy (Stevenson)?" Mr. Stevenson nodded in agreement. "I MAKE THAT MOTION TO REDUCE IT — TOTAL DUE - ONE THOUSAND THIRTY-FOUR DOLLARS AND EIGHTY CENTS ($1,034.80) FROM THE ORIGINAL." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 23,2013 PAGE 7 OF 9 REGULAR 601. Code Enforcement Division—Police Department Case# 12-0027671 Michelle Barry 245 East Tradewinds Road Winter Springs, Florida 32708 Sec. 2-61.5. Application For Satisfaction Or Release Of Code Enforcement Liens. Non-Compliance Hearing Date: July 17, 2012 Inspector: Christi Flannigan And Community Development Department Captain Deisler presented the Case on behalf of Inspector Flannigan and offered into Evidence, "'WS-1', which is that CD (Compact Disc) that you have before you; `WS-2' which is a copy of the original Order of the Board; `WS-3' which is an Affidavit of Compliance for the Junk and Debris Violation; `WS-4' is an Affidavit of Compliance for the IPMC (International Property Maintenance Code) Violations; `WS-5' is a consideration email from the Applicant's Realtor; `WS-6' is a consideration letter from the Applicant, Ms. Barry." Further comments. Continuing with the presentation, Captain Deisler remarked, "This Violation was first presented to the Code Board at the July 17th, 2012 Hearing, found in Violation - the Order of the Board stated the Violations were to be corrected by August 10th, 2012. The Code Enforcement Board found the property in Non-Compliance on September 18th, 2012. As I mentioned earlier, the Owner of record at the time were the Testermans. The Owner of record at this time is Michelle Barry. Affidavit of Compliance was issued May 9th, 2013 for partial Violations for the Junk and Debris, the stagnant pool, and accessory buildings; and a second Affidavit of Compliance was issued on June 11th, 2013 for the remaining Violations." Photographs were shown from the submitted Evidence "WS-1". Discussion. Chairperson Wood asked, "The City secured the pool?" Captain Deisler replied, "Yes - I can tell you that if you are at all familiar with what those pictures reflected — what work has been done to this property is nothing short of miraculous, in my opinion. Clearly, there has been intensive work done to this property. (Inspector) Christi Flannigan has told me, I think she has also been inside quite a few times." Further discussion. Captain Deisler noted the total Lien amount was "Eighty-four thousand one hundred and forty-two dollars and twelve cents ($84,142.12) as of July 16th. That includes Code Board Liens from the Hearing on July 17th, 2012 for eighty-two thousand two hundred and fifty dollars ($82,250.00) and Filing Fees of eighteen [dollars] fifty [cents] ($18.50). CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 23,2013 PAGE 8 OF 9 A Lien for draining and covering the pool for fourteen hundred and thirty-eight dollars and twenty-three cents ($1,438.23) on September 7th, 2012; and a few grass cutting Liens that we had where we had to send over a city contractor to maintain and mow the yard — for three hundred and ten dollars ($310.00) on July 17th, 2012; and again, for a hundred and twenty-five dollars - on October 10th, 2012. With administrative time, City representative time, Staff time, and what not, I think we are down to one thousand eight hundred and ten dollars and ninety cents ($1,810.90). Again, Code Enforcement is requesting or recommending the (Code Enforcement) Board Order's reduction, that the reduction is no less than three thousand seven hundred and forty dollars and two cents ($3,740.02)." Further discussion. Assistant to the City Clerk Beaudet swore in Ms. Barry who would provide Testimony during the Hearing. Ms. Michelle A. Barry, 110 Aspen Place, Longwood, Florida: asked if the Lien could be further reduced or released completely, due to the financial hardship, as she could use the finances to finish working on the property, rather than paying the reduced Lien amount. Chairperson Wood said, "Do you understand though that the costs, he enumerated — Captain Deis ler, those are the actual costs. Those aren't padding at all. That is the actual cost that they've had to pay people to come out and do it." Ms. Barry replied, "Understood. I figured I might as well ask." Further discussion. Board Member Wentz noted, "I don't see how we can reduce it below that and have the Commission approve it." Captain Deis ler added, "If it helps, just bear in mind too that the money that we recoup from this type of reduction goes right back into our General Fund Budget for replenishment - being able to do this to other distressed properties. It has a specific function and we are fortunate to be able to do that." Further comments. "I WILL MAKE A MOTION TO REDUCE THE ORIGINAL LIEN AMOUNT DOWN TO THREE THOUSAND SEVEN HUNDRED FORTY DOLLARS AND TWO CENTS ($3,740.02)." MOTION BY BOARD MEMBER WENTZ. ASSISTANT CITY ATTORNEY LATORRE INQUIRED, "AND THAT'S A RECOMMENDATION?" BOARD MEMBER WENTZ STATED "A RECOMMENDATION, RIGHT." SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRPERSON WOOD: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—JULY 23,2013 PAGE 9 OF 9 PUBLIC INPUT Chairperson Wood opened"Public Input". No one spoke. Chairperson Wood closed"Public Input". ADJOURNMENT Chairperson Wood adjourned the Regular Meeting at 5:57 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the August 27,2013 Code Enforcement Board Regular Meeting.