05-11-2017104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement Board
2:00 PM Council ChambersThursday, May 11, 2017
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER
2. ROLL CALL
Also present were City Attorney Michael Ciocchetti and Attorney Tanner Andrews.
Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann
Williams and Jennifer Reynolds
Present 7 -
Jeff Lariscy, Kevin Pogany, Shontella Jackson and Robert HazelwoodAlso Present 4 -
3. APPROVAL OF MINUTES
A motion was made by Alice Haldeman, second by Nikki Hughart, to approved the
minutes of the April 13, 2017 meeting. The MOTION was APPROVED by the following
vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann
Williams, and Jennifer Reynolds
7 -
4. SWEARING IN OF WITNESS(ES)
Sworn in were Robert Dover of 1102 15th St., Edgewater, FL; John Ingles of 158 Azalea Rd.,
Edgewater, Fl; Code Supervisor Division Chief Jeff Lariscy, Code Officer Kevin Pogany and Code
Officer Robert Hazelwood.
Code Supervisor Division Chief Jeff Lariscy requested to move New Business Item M: Case
#17-112291 up to be heard first. Chairman Ben Wagner asked the Board if any other modifications
were needed. The Board consented to the revision.
m.Case #17-112291
Citation #6061 (Hazelwood)
Robert W. Dover - 1102 15th St.
Sec. 10-207 Accessory structures
The case was presented by Code Officer Hazelwood. Pictures were provided for the Board to review.
Robert Dover was present for this case. Mr. Dover stated that the fence was blown over from the
hurricane. He stated he purchased a permit from the Building Dept. The permit allows 180 days to
repair the fence. Mr. Dover asked that the penalty be waived and the fence will be completed. The
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May 11, 2017Code Enforcement Board Meeting Minutes
public hearing was closed.
Code Officer Hazelwood amended the staff recommendation to delay daily fines three weeks from
tomorrow.
A motion was made by Sherry Lester, second by Nikki Hughart, to find in violation and
follow the amended staff recommendation. The MOTION was APPROVED by the
following vote:
Yes:Ben Wagner, Sherry Lester, Nikki Hughart, Ann Williams, and Jennifer Reynolds5 -
No:Alice Haldeman, and Glenn Barnhill2 -
Code Supervisor Division Chief Jeff Lariscy stated that the following cases have been requested by
the owners to be heard next month: Item C. Case#17-112474, Item D. Case#16-111930A, Item E.
Case#16-111930B, Item F. Case#16-111930C, and Item G. Case#16-111930D. The remaining cases
can be heard in an expedited fashion.
c.Case #17-112474 (Repeat)
Citation #5618 (Pogany)
Marcia Lenninger - 116 E. Turgot Ave.
Sec. 10-402 Alternate method of enforcement
d.Case #16-111930 A
Citation #5633 (Pogany)
T & M United Corp. - 607 N. Ridgewood Ave.
Sec. 10-224 Roofs and drainage
e.Case #16-111930 B
Citation #5633 (Pogany)
T & M United Corp. - 607 N. Ridgewood Ave.
Sec. 10-198 Vacant structure/land
f.Case #16-111930 C
Citation #5633 (Pogany)
T & M United Corp. - 607 N. Ridgewood Ave.
Sec. 10-500 Minimum standards
g.Case #16-111930 D
Citation #5633 (Pogany)
T & M United Corp. - 607 N. Ridgewood Ave.
Sec. 10-226 Overhang extensions
6. NEW BUSINESS - PUBLIC HEARING
Chairman Ben Wagner read the 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
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May 11, 2017Code Enforcement Board Meeting Minutes
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.Case #17-112428 A
Citation #5617 (Pogany)
Dominick Anapo - 1425 Royal Palm Dr.
Sec. 10-115 Parking residential
b.Case #17-112428 B
Citation #5617 (Pogany)
Dominick Anapo - 1425 Royal Palm Dr.
Sec. 10-113 Inoperable/wrecked vehicle
h.Case #17-112418 A
Citation #6057 (Hazelwood)
Mira A. Massing - 2830 Queen Palm Dr.
Sec. 10-113 Inoperable/wrecked vehicles
i.Case #17-112418 B
Citation #6057 (Hazelwood)
Mira A. Massing - 2830 Queen Palm Dr.
Sec. 10-115 Residential parking
j.Case #17-112343
Citation #6058 (Hazelwood)
Patricia P. Ratliff - 2624 India Palm Dr.
Sec. 10-8 Abandoned airtight containers
k.Case #17-112420
Citation #6059 (Hazelwood)
Nicholas Berti Jr. - 2224 Lime Tree Dr.
Sec. 21-38.02 General requirements/fence
l.Case #17-112415
Citation #6060 (Hazelwood)
Patricia Stout - 10 Laughing Gull Ln.
Sec. 10-84 Parking on easements/ROW
n.Case #17-112409
Citation #6076 (Hazelwood)
Robert E. Manuel - 3116 Pine Tree Dr.
Sec. 10-98 Property maintenance
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May 11, 2017Code Enforcement Board Meeting Minutes
o.Case #17-112477 (Repeat)
Citation #6077 (Hazelwood)
John D. McLaughlin - 2520 Umbrella Tree Dr.
Sec. 10-402 Alternate method of enforcement
p.Case #17-112482
Citation #6078 (Hazelwood)
Joseph A. Zammit/Zammit Family Revoc Trust - 805 S. Ridgewood Ave. #3
Sec. 10-5 Nuisance generally
q.Case # 17-112466
Citation #6079 (Hazelwood)
Kristi Wilson - 3307 Pine Tree Dr.
Sec. 10-113 Inoperable/wrecked vehicle
r.Case #17-112461
Citation #6080 (Hazelwood)
Investor Trustee Service LLC Tr - 2737 Fern Palm Dr.
Sec. 10-98 Property maintenance
A motion was made by Nikki Hughart, second by Sherry Lester, to find in violation and
follow the staff recommendation. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann
Williams, and Jennifer Reynolds
7 -
5. OLD BUSINESS-PUBLIC HEARING
Code Officer Kevin Pogany presented the case. City Attorney Mike Ciocchetti stated as a procedural
matter that the previous Case #16-111827 on the amended citation a new Case #17-112241 was
assigned. Proceeding on the new 2017 case number and dismissing the 2016 case number which will
become a part of the record.
Attorney Tanner Andrews of 1112 W New York Ave., Deland FL. was present representing Mr. John
Ingles. Attorney Tanner Andrews examined Code Officer Kevin Pogany regarding the case. City
Attorney Mike Ciocchetti crossed-examined Code Officer Kevin Pogany. Mr.John Ingles was present
and gave testimony. Attorney Tanner Andrews examined Mr. Ingles.
Attorney Tanner Andrews provided exhibits for the Board to review. Exhibit J Certificate of
Documentation was presented to the Board. Exhibit B was presented which is an aerial picture of
Mr. Ingles property. Exhibit previously labeled F1 is an Edgewater water bills and Exhibit F2 is
Florida Power & Light bills was presented. Permits, application and vehicle registration from
previous case file labeled G. Exhibit K which are photographs taken by Code Officer Kevin Pogany
was presented. Exhibit N picture of a document box was presented.
Chairman Wagner called for recess at 3:59 p.m. The meeting reconvened at 4:05 p.m.
City Attorney Mike Ciocchetti cross-examined Mr. Ingles. Closing statements were presented by
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May 11, 2017Code Enforcement Board Meeting Minutes
both attorneys. City Attorney Mike Ciocchetti suggested that the Board adopt the findings of facts
and conclusion of law to be included in the motion. The public hearing was closed.
a.Case #17-112241
Citation #5631 (Pogany)
John A. Ingles - 158 Azalea Rd.
Sec. 21-36.02 General regulations
A motion was made by Alice Haldeman, second by Sherry Lester, to find in violation,
access the citation fine of $75.00 and reduce the daily fine to $75.00 per day for each day
the violation exists past May 11, 2017. For a lien to be placed on the property if not
satisfied by May 17, 2017. Also adopting reference to the City Attorney finding of fact
and conclusion of law. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Sherry Lester, Nikki Hughart, and Ann Williams5 -
No:Glenn Barnhill, and Jennifer Reynolds2 -
7. CODE ENFORCEMENT REPORT
Code Supervisor Division Chief Jeff Lariscy stated for the month of April 202 working cases and 110
resolved cases. We have a Code Board Attorney and Special Magistrate Mr. Spencer Hathaway from
New Smyrna.
8. PUBLIC COMMENTS
Chairman Ben Wagner stated he will not be at next month meeting due to he will be attending an
annual Firefighter Conference. Revised bylaw were discussed with additional changes noted. Sherry
Lester was excused from the meeting at 4:44 p.m. Jennifer Reynolds left the meeting at 4:46 p.m.
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/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.
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