06-08-2017104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement Board
2:00 PM Council ChambersThursday, June 8, 2017
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER
2. ROLL CALL
Also present was Code Board Attorney Spencer Hathaway.
Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann Williams and
Jennifer Reynolds
Present 6 -
Ben WagnerExcused1 -
Jeff Lariscy, Kevin Pogany, Shontella Jackson and Robert HazelwoodAlso Present 4 -
3. INTRODUCTION OF THE NEW BOARD ATTORNEY
4. APPROVAL OF MINUTES
Requested change to the minutes as follows: Electric permit for a livable boat, 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.
A motion was made by Nikki Hughart, second by Sherry Lester to approve the minutes of
the May 11, 2017 meeting with the requested changes. The MOTION was APPROVED
by the following vote:
Yes:Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann Williams, and
Jennifer Reynolds
6 -
Excused:Ben Wagner1 -
a.Minutes of May 11, 2017
5. SWEARING IN OF WITNESS(ES)
Sworn in were Dave Lightholder of 219 Broadview Dr., Coca, Fl; Sue Perry of 1729 Running Creek
Way, New Smyrna, FL; Brad Riley of 1712 Queen Palm, Edgewater, FL; Roberta Muradian of 1709
Dayton St., Edgewater, FL;, Marcia Lenninger of 116 E. Turgot Ave., Edgewater, FL; Michele
Balfour of 124 E. Turgot Ave., Edgewater, FL; Code Supervisor Division Chief Jeff Lariscy, Code
Officer Robert Hazelwood and Code Officer Kevin Pogany.
6. OLD BUSINESS-PUBLIC HEARING
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June 8, 2017Code Enforcement Board Meeting Minutes
Vice Chairperson Alice Haldeman asked if any cases need to be moved. Code Supervisor Jeff
Lariscy stated that the Old Business will continue as listed but for the New Business he requested to
have Item C, Item E and F be presented first since the respondents are present. Board member Nikki
Hughart asked to hear and see Items A, I and J. The Board consented to the changes.
a.Case #17-112474 (Repeat)
Citation #5618 (Pogany)
Marcia Lenninger - 116 E. Turgot Ave.
Sec. 10-402 Alternate method of enforcement
The case was presented by Code Officer Kevin Pogany. Marcia Lenninger was present and
disagreed with the violation. Ms. Lenninger presented photos labeled exhibit A for the Board to
review. Testimony was given by Michele Balfour who lives two houses away and Roberta Ramon a
yoga instructor regarding Marcia Lenninger yard. The public hearing was closed.
A motion was made by Nikki Hughart, second by Sherry Lester, to find in repeat
violation and follow staff recommendation. The MOTION was APPROVED by the
following vote:
Yes:Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann Williams, and
Jennifer Reynolds
6 -
Excused:Ben Wagner1 -
b.Case #16-111930 A
Citation #5633 (Pogany)
T & M United Corp. - 607 N. Ridgewood Ave.
Sec. 10-224 Roofs and drainage
The case was presented by Code Officer Kevin Pogany. Dave Lightholder a building contractor who
does a lot of work for T&M United agreed to the violation. Mr. Lightholder requested an additional
30 days for the daily fees and he will pay the four outstanding citations. He will pull permits and
complete the necessary work.
A motion was made by Jennifer Reynolds, second by Sherry Lester, to find in violation of
Section 10-224, 10-198, 10-500 and 10-226 and the daily fines will be suspended for 30
days. The MOTION was APPROVED by the following vote:
Yes:Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann Williams, and
Jennifer Reynolds
6 -
Excused:Ben Wagner1 -
c.Case #16-111930 B
Citation #5633 (Pogany)
T & M United Corp. - 607 N. Ridgewood Ave.
Sec. 10-198 Vacant structure/land
d.Case #16-111930 C
Citation #5633 (Pogany)
T & M United Corp. - 607 N. Ridgewood Ave.
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June 8, 2017Code Enforcement Board Meeting Minutes
Sec. 10-500 Minimum standards
e.Case #16-111930 D
Citation #5633 (Pogany)
T & M United Corp. - 607 N. Ridgewood Ave.
Sec. 10-226 Overhang extensions
7. NEW BUSINESS - PUBLIC HEARING
c.Case #16-111862
Citation #6062 (Hazelwood)
Brad Riley - 1712 Queen Palm Dr.
Sec. 21-52.02 Access/driveways
The case was presented by Code Officer Hazelwood. Brad Riley owner of the property and Realtor
Sue Perry was present. Ms. Perry Real Estate Broker for this property. Ms. Perry stated that there
are several properties without aprons on Queen Palm. Brad Riley stated the bank is foreclosing on
the property. The final judgment of foreclosure is labeled Exhibit B.
A motion was made by Sherry Lester, second by Nikki Hughart, to find in violation and
follow staff recommendation. The MOTION was APPROVED by the following vote:
Yes:Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann Williams, and
Jennifer Reynolds
6 -
Excused:Ben Wagner1 -
e.Case #17-112497 A
Citation #6064 (Hazelwood)
Michelle A. Balfour - 124 E. Turgot Ave.
Sec. 10-112 Parking (residential)
The case was presented by Code Officer Hazelwood. Michelle Balfour was present and disagreed
with the violation. Ms. Balfour stated she parked the vehicle in her front yard due to mechanical
problems. Closing the public hearing.
A motion was made by Nikki Hughart, second by Sherry Lester, to find in violation of
Section 10-112 and 10-113 and follow the staff recommendation. The MOTION was
APPROVED by the following vote:
Yes:Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann Williams, and
Jennifer Reynolds
6 -
Excused:Ben Wagner1 -
f.Case #17-112497 B
Citation #6064 (Hazelwood)
Michelle A. Balfour - 124 E. Turgot Ave.
Sec. 10-113 Inoperable vehicle
a.Case #17-112446
Citation #5619 (Pogany)
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June 8, 2017Code Enforcement Board Meeting Minutes
Vincent Maschin - 2329 Sabal Palm Dr.
Sec. 10-207 Accessory structures
The case was presented by Code Officer Pogany. No one was present for this case. Follow staff
recommendation and increase to $250 for daily fine until corrected.
A motion was made by Nikki Hughart, second by Ann Williams, to find in violation of
Section 10-207 and access a daily fine of $250.00 per day for each day the violation exist.
The MOTION was APPROVED by the following vote:
Yes:Alice Haldeman, Sherry Lester, Nikki Hughart, and Ann Williams4 -
No:Glenn Barnhill, and Jennifer Reynolds2 -
Excused:Ben Wagner1 -
i.Case #17-112589
Citation #6068 (Hazelwood)
Jon R. Novenski - 3103 Needle Palm Dr.
Sec. 10-182 Emergency repairs
The case was presented by Code Officer Hazelwood. No one was present for this case.
A motion was made by Nikki Hughart, second by Sherry Lester, to find in violation of
Section 10-182 and follow the staff recommendation. The MOTION was APPROVED by
the following vote:
Yes:Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann Williams, and
Jennifer Reynolds
6 -
Excused:Ben Wagner1 -
j.Case #17-112490
Citation #6081 (Hazelwood)
T D Bank NA % Danielle Rundlett - 1922 Orange Tree Dr.
Sec. 10-80 Outdoor storage
The case was presented by Code Officer Hazelwood. No one was present for this case.
A motion was made by Sherry Lester, second by Ann Williams to find in violation of
Section 10-80 and daily fines of $250.00 per day for each day the violation exists. The
MOTION was APPROVED by the following vote:
Yes:Alice Haldeman, Sherry Lester, Nikki Hughart, and Ann Williams4 -
No:Glenn Barnhill, and Jennifer Reynolds2 -
Excused:Ben Wagner1 -
Vice Chairwoman Alice Haldeman read the following 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
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June 8, 2017Code Enforcement Board Meeting Minutes
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.
b.Case #17-112401
Citation #5636 (Pogany)
Donald F. Huddleston - 2428 Lime Tree Dr.
Sec. 10-106 Accumulation of rubbish
d.Case #17-112459
Citation #6063 (Hazelwood)
Park Plaza of Edgewater Homeowners Assoc. Inc - 135 W. Park Ave.
Sec. 10-207 Accessory structures
g.Case #17-112498
Citation #6065 (Hazelwood)
Todd A. Smith - 126 E. Turgot Ave.
Sec.10-115 Parking (residential)
h.Case # 17-112548
Citation #6067 (Hazelwood)
Irene A. Cox - 2113 Juniper Dr.
Sec. 10-83 Neglected premises
k.Case #17-112519 Repeat
Citation #6082 (Hazelwood)
Kristi Wilson - 3307 Pine Tree Dr.
Sec. 10-80 Outdoor storge
l.Case #17-112553
Citation #6083 (Hazelwood)
Kristi Wilson - 3307 Pine Tree Dr.
Sec. 10-84 Right of way parking
m.Case # 17-112288
Citation #6084 (Hazelwood)
Zachary Ken Cash - 1002 Wildwood Blvd.
Sec. 21-38.02 General requirements
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:Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann Williams, and
Jennifer Reynolds
6 -
Excused:Ben Wagner1 -
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June 8, 2017Code Enforcement Board Meeting Minutes
8. BOARD DISCUSSION: BYLAWS REVIEW
Board Member Jennifer Reynolds stated that Article IV needs to add word BE placed after shall.
Article V-Meetings/Hearings regarding Roberts Rule of Order. Should be changed to state: All
meetings shall be open to the public, provide due public notice, may follow Roberts Rules of Order
and shall follow the Florida Sunshine Laws. Article VI-under item 7 should be moved to Article 3
under Membership. Code Board Attorney Spencer Hathaway advised against CEB members
initiating code complaints. A discussion regarding time limit should be accessed; also the Board
should start out stating the intent and the duties of the Board. Code Board Attorney Spencer
Hathaway stated he would draft an opening statement for the Chair.
9. CODE ENFORCEMENT REPORT
Code Supervisor Division Jeff Lariscy stated for the month of May 118 new cases, 72 resolved and
200 working cases. Cathy Taylor has become a volunteer with the department. Pelican Plaza
starting the project and daily fines are accruing.
10. PUBLIC DISCUSSION
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.
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