03-09-2017104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement Board
2:00 PM Council ChambersThursday, March 9, 2017
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER
2. ROLL CALL
Also present was Councilwoman Christine Powers.
Ben Wagner, Alice Haldeman, Sherry Lester, Nikki Hughart, Ann Williams and Jennifer
Reynolds
Present 6 -
Glenn BarnhillAbsent1 -
Jeff Lariscy, Kevin Pogany, Shontella Jackson and Robert HazelwoodAlso Present 4 -
3. APPROVAL OF MINUTES
A motion was made by Sherry Lester, second by Alice Haldeman, to approved the
minutes of the February 9, 2017 meeting. The MOTION was APPROVED by the
following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Nikki Hughart, Ann Williams, and Jennifer
Reynolds
6 -
Absent:Glenn Barnhill1 -
4. SWEARING IN OF WITNESSES
Sworn in were Jose Rivera representing Ghassan Ajram of 101 S. Ridgewood Ave., Edgewater, FL;
Frank Yavorski of 1815 Kumquat Dr., Edgewater, FL; Tom Ryan of 609 S. Ridgewood Ave., Daytona
Beach, FL; Code Supervisor Division Chief Jeff Lariscy, Code Officer Robert Hazelwood and Code
Officer Kevin Pogany.
Sworn in during the meeting was Suzanne Hales of 36 Blue Heron Lane, Edgewater, FL; Jon Miller
of 28 Blue Heron Lane, Edgewater, FL; and Gail Rigdon of 26 Blue Heron Lane, Edgewater, FL.
5. OLD BUSINESS-PUBLIC HEARING
a.Case #16-111827 D
Citation #6000 (Pogany)
John A. Ingles - 158 Azalea Rd.
Sec. 21-36.07 Boat docks and slips
Code Supervisor Division Chief Jeff Lariscy stated that this case will not be heard today. He asked
Page 1City of Edgewater Printed on 4/7/2017
March 9, 2017Code Enforcement Board Meeting Minutes
the Chairman if Case #16-111867 B and include Case #16-111867 A under paid citation to heard
first. The Board agreed with the modification to the agenda.
b.Case #16-111867 B
Citation #5998 (Pogany)
Across the Pond Developments - 2311 S. Ridgewood Ave.
Sec. 10-309 General drainage
Code Officer Kevin Pogany presented the case to the Board. The citations were paid on February
14, 2017. Code Supervisor Division Chief Jeff Lariscy stated he spoke with the Building Official and
they have applied for the permits. It will be about three weeks before they can get a go ahead to
move forward.
Susan Hale of 36 Blue Heron Lane; Edgewater, FL gave testimony to the damage wall on the
property.
Code Supervisor Division Chief Jeff Lariscy stated that they hired All Phases in February. Staff
recommendation is to delay until next month.
Councilwoman Christine Powers was present and asked for them to be placed on the work list. Code
Supervisor Division Chief Jeff Lariscy stated that All Phases has received 1/3 of the deposit to start
the work.
Gail Ridgon of 26 Blue Heron Lane, Edgewater, FL commented on the wall and progress of the
contractors.
Jonathan Miller of 28 Blue Heron Lane, Edgewater, FL stated that he still has the wall laying in his
backyard and damage to his backyard. He stated his concerns and the timeline for the project to be
completed.
Tom Ryan of 609 Ridgewood Ave., Daytona Beach, FL stated that with regards to All Phase mention
it might be four weeks out. He will get a timeline for the completion of the job.
b.Case #16-111867 A
Citation #5998 (Pogany)
Across the Pond Developments - 2311 S. Ridgewood Ave.
Sec. 10-207 Accessory structures
A motion was made by Alice Haldeman, second by Nikki Hughart, to table this case until
next month meeting. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Nikki Hughart, Ann Williams, and Jennifer
Reynolds
6 -
Absent:Glenn Barnhill1 -
6. PAID CITATION(S)
Chairman Ben Wagner asked if there were any changes to this section. Code Supervisor Division
Page 2City of Edgewater Printed on 4/7/2017
March 9, 2017Code Enforcement Board Meeting Minutes
Chief Jeff Lariscy asked to pull Case #17-112165 to be heard and continue the other two cases in an
expedited fashion.
d.Case #17-112165
Citation #5630 (Pogany)
Frank & Rosaida Yavorski - 1815 Kumquat Dr.
Sec. 21-38.02 General requirements
Code Officer Kevin Pogany presented the case to the Board. Frank Yavorski of 1815 Kumquat Dr.,
Edgewater, FL was present and distributed booklets to the Board to review. Mr. Yavorski stated he
applied for a variance but was denied. Mr. Yavorski stated he would need more time to move the
fence. Code Officer Kevin Pogany stated the citation has been paid.
A motion was made by Jennifer Reynolds, second by Alice Haldeman, to find in violation
and allow him until March 25, 2017 to correct the issue.The MOTION was APPROVED
by the following vote:
Yes:Ben Wagner, Alice Haldeman, Nikki Hughart, Ann Williams, and Jennifer Reynolds5 -
No:Sherry Lester1 -
Absent:Glenn Barnhill1 -
a.Case #16-111526
Citation #5999 (Pogany)
Across the Pond Developments - 2311 S. Ridgewood Ave.
Sec. 21-34.05 Refuse and dumpster
Chairman Ben Wagner read the following cases A & C of paid citations and concluded with it
appears after reviewing these 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 Nikki Hughart, second by Sherry Lester, to find in violation and
follow the staff recommendations. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Nikki Hughart, Ann Williams, and Jennifer
Reynolds
6 -
Absent:Glenn Barnhill1 -
c.Case #16-111696
Citation #5997 (Pogany)
Across the Pond Developments - 2349 S. Ridgewood Ave.
Sec. 21-36.03 Outdoor storage
7. NEW BUSINESS - PUBLIC HEARING
Page 3City of Edgewater Printed on 4/7/2017
March 9, 2017Code Enforcement Board Meeting Minutes
Code Supervisor Division Chief Jeff Lariscy asked to move cases #16-111626 A & B to be heard first.
Board Member Nikki Hughart asked to hear case #17-112190. Chairman Ben Wagner accepted the
changes and continued with the cases requested.
h.Case #17-112190
Citation #6038 (Hazelwood)
Federal National Mortgage Assoc%Seterus Inc. - 1815 Travelers Palm Dr.
Sec. 10-401 Imminent health hazards
Code Officer Robert Hazelwood presented the case to the Board.
A motion was made by Nikki Hughart, second by Alice Haldeman to find in violation and
follow the staff recommendation. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Nikki Hughart, Ann Williams, and Jennifer
Reynolds
6 -
Absent:Glenn Barnhill1 -
b.Case #16-111626 A
Citation #5612 (Pogany)
Ghassan Ajram - 101 S. Ridgewood Ave.
Sec. 10-98 Property maintenance
Code Officer Kevin Pogany presented the case to the Board. Code Officer Kevin Pogany stated the
citations has been paid. Jose Rivera was present for the case and stated that he has corrected all the
violation on the property. Code Officer Kevin Pogany stated that some of the violations had been
taken care of and he will check to make sure all the violations were corrected.
c.Case #16-111626 B
Citation #5612 (Pogany)
Ghassan Ajram - 101 S. Ridgewood Ave.
Sec. 10-500 Minimum standards
A motion was made by Alice Haldeman, second by Jennifer Reynolds to find in violation
and follow the staff recommendation. The MOTION was APPROVED by the following
vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Nikki Hughart, Ann Williams, and Jennifer
Reynolds
6 -
Absent:Glenn Barnhill1 -
Nikki Hughart left the meeting at 3:27.
Chairman Ben Wagner read the below listed cases and concluded with it appears after reviewing
these 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
Page 4City of Edgewater Printed on 4/7/2017
March 9, 2017Code Enforcement Board Meeting Minutes
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.Case #16-111742
Citation #5610 (Pogany)
Thomas C McGill Tr c/o Emergo Living Tr - 2806 Victory Palm Dr.
Sec. 21-36.09 Canopies/carports
d.Case #16-111785 A
Citation #5613 (Pogany)
Thomas E. & Joni R. Swanson Rev Trust - 2217 Juniper Dr.
Sec. 10-121 Trailer storage
e.Case #16-111785 B
Citation #5613 (Pogany)
Thomas E. & Joni R. Swanson Rev Trust - 2217 Juniper Dr.
Sec. 10-80 Outdoor storage
f.Case #16-111785 C
Citation #5613 (Pogany)
Thomas E. & Joni R. Swanson Rev Trust - 2217 Juniper Dr.
Sec. 10-239 Temp. storm protection
g.Case #17-112123
Citation #6037 (Hazelwood)
Rebecca L. Yarborough - 3037 Woodland Dr.
Sec. 10-207 Accessory structures
i.Case #17-112197
Citation #6039 (Hazelwood)
Deborah K. Warning & Megan B. Leber - 1715 Sabal Palm Dr.
Sec. 10-83 Neglected premises
j.Case #17-112178 A
Citation #6041 (Hazelwood)
Linda M. & Patrick G. Kelly - 145 Oak Ridge Ave.
Sec. 10-207 Accessory structures
k.Case #17-112178 B
Citation #6041 (Hazelwood)
Linda M. & Patrick G. Kelly - 145 Oak Ridge Ave.
Sec. 10-98 Tree/limb down
A motion was made by Alice Haldeman, second by Sherry Lester, to find in violation and
follow the staff recommendations . The MOTION was APPROVED by the following vote:
Page 5City of Edgewater Printed on 4/7/2017
March 9, 2017Code Enforcement Board Meeting Minutes
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Ann Williams, and Jennifer Reynolds5 -
Absent:Glenn Barnhill, and Nikki Hughart2 -
8. CODE ENFORCEMENT REPORT
Code Supervisor Division Chief Jeff Lariscy presented the Board with a copy of a chart with stats of
number of cases from year 2015 thru 2017. The chart only shows new cases.
9. BOARD DISCUSSION
a. Bylaws revision
Chairman Ben Wagner opened the discussion on the Bylaw changes. Alice Haldeman had a few
revisions for the "Appeals" section.
10. PUBLIC COMMENTS
NONE.
11. 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/Paralegal Robin L. Matusick, 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 6City of Edgewater Printed on 4/7/2017