12-10-2015104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement Board
2:00 PM Council ChambersThursday, December 10, 2015
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER
2. ROLL CALL
A brief introduction of the new Code Enforcement Board Attorney Mark Hall. Also present was
Assistant City Attorney Michael Ciocchetti and Attorney Bob Turffs located at 1444 1st Street;
Sarasota, FL; on the behalf of Amvets.
Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart and Russell
Baugher
Present 6 -
Ed CornAbsent1 -
Jeff Lariscy, Dan Koehler, Kevin Pogany and Shontella JacksonAlso Present 4 -
3. APPROVAL OF MINUTES
A motion was made by Sherry Lester, second by Nikki Hughart, to approve the minutes
of November 12, 2015. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, and Russell
Baugher
6 -
Excused:Ed Corn1 -
4. SWEARING IN WITNESSES
Sworn in were Code Officer Kevin Pogany, Code Officer Dan Koehler, Code Supervisor Capt. Jeff
Lariscy, William C. Hodges of 9980 2nd Ave., Ocala, FL; and Alfred Piester of 2609 Royal Palm Dr.,
Edgewater, FL.
5. OLD BUSINESS-PUBLIC HEARING
Code Supervisor Capt. Jeff Lariscy requested that the Board pull item E due to change of ownership,
and move items H and I to be heard first then proceed with the order of the agenda. Also to move the
old business item to be read with the expedited cases.
e.Case #15-110741
Citation #5949 (Pogany)
Singma Investments Inc. - 2920 India Palm Dr.
Sec. 21-52.02 Access/driveways
Page 1City of Edgewater Printed on 1/8/2016
December 10, 2015Code Enforcement Board Meeting Minutes
6. NEW BUSINESS - PUBLIC HEARING
h.Case #15-110461 A
Citation #5855 (Pogany)
Alfred R. Piester - 2609 Royal Palm Dr.
Sec. 10-80 Outdoor storage
Code Officer Kevin Pogany presented the case to the Board. Mr. Alfred Piester was present and
stated that he has removed the automobile. He will try to get the remaining items removed as soon as
possible.
A motion was made by Nikki Hughart, second by Glenn Barnhill, to find in violation and
follow staff recomendations. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, and Russell
Baugher
6 -
Absent:Ed Corn1 -
i.Case #15-110461 B
Citation #5855 (Pogany)
Alfred R. Piester - 2609 Royal Palm Dr.
Sec. 10-113 Inoperable/wrecked vehicle
A motion was made by Nikki Hughart, second by Glenn Barnhill, to find in violation and
follow staff recommendation. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, and Russell
Baugher
6 -
Absent:Ed Corn1 -
a.Case #15-110759
Citation #5946 (Lariscy)
Edgewater-New Smyrna Beach Amvets Post 2 Inc.
1209 S. Ridgewood Ave. - Sec. 21-33.05 Zoning
Code Supervisor Capt. Jeff Lariscy presented the case to the Board. Attorney Bob Turffs was present
and represented the Amvets. Mr. Turffs made his opening statement. A witness William C. Hodges
manger of the machines was present. Mr. Hodges stated the machines are not attached to the
internet. Everyone plays for entertainment purpose only even though they know they will not win
anything. The members enjoy the games and benefits from the post or lodge. City Attorney Michael
Ciocchetti questioned Mr. Hodges regarding the functionality of the machines. Attorney Bob Turffs
made his closing statement. Board Attorney Mark Hall instructed the Board on their role. Mr. Hall
requested that the staff report and a copy of the Land Development Code titled "Computerized
Sweepstakes Device" revision 4/6/15 pages 11-10, 11-19, III-8, III-10 and III-11 be entered into the
record.
A motion was made by Sherry Lester, second by Nikki Hughart to fine in violation and
follow staff recommendations. The MOTION was APPROVED by the following vote:
Page 2City of Edgewater Printed on 1/8/2016
December 10, 2015Code Enforcement Board Meeting Minutes
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, and Russell
Baugher
6 -
Absent:Ed Corn1 -
Meeting Paused at 3:05 a brief recess was called by Chairman Ben Wagner.
Meeting Resumed at 3:15 pm called back to order by Chairman Ben Wagner.
b.Case #15-110696
Citation #5557 (Koehler)
Richard Alvarez - 2329 Kumquat Dr.
Sec. 10-106 Accumulation of rubbish and garbage
c.Case #15-110738
Citation #5038 (Koehler)
US Bank Natl. Assoc. Tr Lvs Title Trust 1 - 2421 Juniper Dr.
Sec. 10-174 Vacant/Uninhabited structure
d.Case #15-110364
Citation #5947 (Pogany)
Desiree Atkinson - 3008 Woodland Dr.
Sec. 21-52.02 Access/driveways
f.Case #15-110797 A
Citation #5856 (Pogany)
Maudie S. & Donald L. Fogle - 800 S. Flagler Ave.
Sec. 10-106 Accumulation of rubbish
g.Case #15-110797 B
Citation #5856 (Pogany)
Maudie S. & Donald L. Fogle - 800 S. Flagler Ave.
Sec. 10-141 Emergency powers
j.Case #15-110815
Citation #5558 (Koehler)
Patrick Capozzoli (Tree Worx)
Sec. 11-63 Registration/solitation without a permit
k.Case #15-110804
Citation #5948 (Pogany)
21st Century Communications LLC
Sec. 21-650.07 Prohibited Sign (Ridgewood)
Page 3City of Edgewater Printed on 1/8/2016
December 10, 2015Code Enforcement Board Meeting Minutes
l.Case #15-110809
Citation #5950 (Pogany)
21st Century Communications LLC
Sec. 21-450.08 Prohibited Sign (SR 442 Corridor)
m.Case #15-110812
Citation #5951 (Pogany)
Volusia County Gun & Hunt Club
Sec. 21-650.07 Prohibited Sign (Ridgewood)
n.Case #15-110813
Citation #5952 (Pogany)
Volusia County Gun & Hunt Club
Sec. 21-650.07 Prohibited Sign (Ridgewood)
a.Case #15-110702 B
Citation #5009 (Lariscy)
Donald A. Jordan - 3132 Kumquat Dr.
Sec. 10-5 Nuisance
o.Case #15-110814
Citaiton #5953 (Pogany)
Volusia County Gun & Hunt Club
Sec. 21-650.07 Prohibited sign (Ridgewood)
Chairman Ben Wagner read the above listed cases and concluded with it appears after reviewing
theses cases that no one was present for any of the cases just read. Pursuant to Section 10-348 and
10-345 subparagraph C 11 of the Code of Ordinances and the statement that appears on the
respective citation issued that failure to appear at the hearing means the alleged violator has waived
any right to contest the violation and that an order can be made for the maximum applicable
penalties that include but are not limited to administrative costs, fines, daily fines and liens. Since
however we have the benefit of the staff recommendations, the Board shall entertain motions and take
whatever actions are deemed appropriate.
A motion was made by Glenn Barnhill, second by Alice Haldeman, to find in violation
and follow staff recommendations. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, and Russell
Baugher
6 -
Absent:Ed Corn1 -
7. PUBLIC COMMENTS
None.
8. CODE COMPLIANCE REPORT
Code Supervisor Capt. Jeff Lariscy stated that they have 69 resolved cases, 162 working cases and
Page 4City of Edgewater Printed on 1/8/2016
December 10, 2015Code Enforcement Board Meeting Minutes
62 new cases. Capt. Lariscy also welcomed Board Attorney Mark Hall to the Citizen Code
Enforcement Board. Mr. Hall stated he would like to do some training and schedule it sometime in
the first quarter. Mr. Hall is looking forward to working with everyone.
9. ADJOURN
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and
will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or
provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in
any of these proceedings should contact City Clerk Bonnie Brown, 104 N. Riverside Drive, Edgewater,
Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or
voice impaired, contact the relay operator at 1-800-955-8771
One or more members of City Council or other advisory boards may be present.
Page 5City of Edgewater Printed on 1/8/2016