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08-10-2017104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes Code Enforcement Board 2:00 PM Council ChambersThursday, August 10, 2017 We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER 2. ROLL CALL Also present were Code Board Attorney Spencer Hathaway, City Manager Tracey Barlow, and Councilman Gary Conroy. Ben Wagner, Alice Haldeman, Sherry Lester, Glenn Barnhill, Nikki Hughart, Ann Williams and Jennifer Reynolds Present 7 - Kevin PoganyAbsent1 - Jeff Lariscy, Shontella Jackson and Robert HazelwoodAlso Present 3 - 3. APPROVAL OF MINUTES A motion was made by Nikki Hughart, second by Alice Haldeman, to approve the July 13th minutes. 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 - a.MInutes of the July 13, 2017 Code Enforcement Board 4. SWEARING IN OF WITNESS(ES) Sworn in were Gregg Corum of 1035 S. Flagler Ave.; Edgewater, Fl; Code Officer Robert Hazelwood and Division Chief Jeff Lariscy. 5. NEW BUSINESS - PUBLIC HEARING Division Chief Jeff Lariscy asked the Chairman to pull Case #17-112623 A & B from the agenda to be heard next month. Requested Case #17-112780 A & B be heard first since the Respondent is present and all other cases can be heard in an expedited fashion. Chairman Ben Wagner asked that items #7 A & B be reversed. The Board agreed with the modification to the agenda. c.Case #17-112623 A Citation #5642 (Pogany) Melissa & Jacob Reed - 143 W. Palm Way. Sec. 21-33.02 Permitted uses Page 1City of Edgewater Printed on 9/5/2017 August 10, 2017Code Enforcement Board Meeting Minutes d.Case #17-112623 B Citation #5642 (Pogany) Melissa & Jacob Reed - 143 W. Palm Way Sec. 21-210.02 Fire & Life safety standards Both cases were withdrawn until next month Board meeting. l.Case #17-112780 A Citation #5656 (Pogany) Gregg J. Corum - 1035 S. Flagler Ave. Sec. 10-98 Property maintenance The case was presented by Code Officer Robert Hazelwood. Code Officer Hazelwood stated the property has not been fully maintained. Gregg Corum was present and plead guilty of the violation. He stated he mowed the property. He also stated he was out of state and the home is being remodeled. Photos were presented and taken by Mr. Corum and entered into the case as Exhibit A-G dated August 8th. m.Case #17-112780 B Citation #5656 (Pogany) Gregg J. Corum - 1035 S. Flagler Ave. Sec. 10-106 Accumulation of rubbish A motion was made by Jennifer Reynolds, second by Alice Haldeman, to find in violation of Sec. 10-98 and 10-106 citation fine stays and daily fines will start August 17th. The motion failed by the following vote: Yes:Alice Haldeman, Glenn Barnhill, and Jennifer Reynolds3 - No:Ben Wagner, Sherry Lester, Nikki Hughart, and Ann Williams4 - A motion was made by Alice Haldeman, second by Nikki Hughart, to find in violation and daily fines will start on August 13th if not corrected. The MOTION was APPROVED by the following vote: Yes:Alice Haldeman, Glenn Barnhill, Nikki Hughart, Ann Williams, and Jennifer Reynolds5 - No:Ben Wagner, and Sherry Lester2 - Chairman Ben Wagner 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 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 Page 2City of Edgewater Printed on 9/5/2017 August 10, 2017Code Enforcement Board Meeting Minutes actions are deemed appropriate. a.Case #17-112660 Citation #5623 (Pogany) Brad Riley - 1712 Queen Palm Dr. Sec. 10-121 Trailer storage b.Case #15-110153 Citation #5625 (Pogany) Josephine Perry - 1907 Date Palm Dr. Sec. 21-52.02 Access/driveways e.Case #17-112731 A Citation #5643 (Pogany) Bryan E. Stuck - 406 Falcon Ave. Sec. 10-121 Trailer storage f.Case #17-112731 B Citation #5643 (Pogany) Bryan E. Stuck - 406 Falcon Ave. Sec. 10-80 Outdoor storage g.Case #17-112731 C Citation #5643 (Pogany) Bryan E Stuck - 406 Falcon Ave. Sec. 10-5 Nuisance generally h.Case #17-112607 Citation #5652 (Pogany) Diana Whiteman - 3308 Sabal Palm Dr. Sec. 10-80 Outdoor storage i.Case #17-112729 Citation #5653 (Pogany) Sherman M. Saunders - 1306 Willow Oak Dr. Sec. 10-98 Property maintenance j.Case #17-112810 Citation #5654 (Pogany) Patricia G. Ahern - 336 Shangri La Cir. Sec. 10-402 Alternate method of enforcement k.Case #17-112849 Citation #5655 (Pogany) Continha Benchimol Wagner - 2530 Travelers Palm Dr. Page 3City of Edgewater Printed on 9/5/2017 August 10, 2017Code Enforcement Board Meeting Minutes Sec. 10-40 Littering public property and waterways n.Case #17-112678 A Citation #6073 (Hazelwood) David P. Alexander - 1816 Pine Tree Dr. Sec. 10-230 Windows skylight, doors & frames o.Case #17-112678 B Citation #6073 (Hazelwood) David P. Alexander - 1816 Pine Tree Dr. Sec. 10-198 Vacant structure and land p.Case #17-112766 Repeat Citation #6074 (Hazelwood) Nona Moore Chapman - 1821 Kumquat Dr. Sec. 10-402 Alternate method of enforcement q.Case #17-112782 Citation #6088 (Hazelwood) US Bank Natl. Assoc. Tr - 1715 Sabal Palm Dr. Sec. 10-83 Neglected premises A motion was made by Nikki Hughart, second by Sherry Lester, 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, Ann Williams, and Jennifer Reynolds 7 - 6. CODE ENFORCEMENT REPORT Division Chief Jeff Lariscy stated that Kevin Pogany is out of the office. For the month of July 210 total cases, 140 new, 16 citations, and 117 resolved. 7. DISCUSSION ITEMS b. Recommended Bylaws revisions by City Staff City Manager Tracey Barlow reviewed the bylaws with the Board. A motion was made by Alice Haldeman, second by Sherry Lester, to approve the bylaws with the amendments addressed. 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 - a. Board Members conduct both at meetings and other public venues. Mr. Wagner gave a brief background on his position and years of service on the Board. Mr. Wagner stated that their were several items brought up before City Council by Ms. Reynolds regarding the Code Enforcement Board. Mr. Wagner stated he reviewed the meetings dated back to January until Page 4City of Edgewater Printed on 9/5/2017 August 10, 2017Code Enforcement Board Meeting Minutes present. Mr. Wagner stated he did not find any evidence of any of the items stated by Ms. Reynolds. Mr. Wagner stated in his opinion Ms. Reynolds will loose a lot of her effectiveness if she stays on the Board. Mr. Wagner stated he is prepared to take Ms. Reynolds resignation. Ms. Reynolds stated she is not going to resign and that all of those items were taken out of context. Chairman Ben Wagner passed the gavel to Vice Chairwoman Alice Haldeman. The gavel was returned to Chairman Wagner after the motion and vote was completed. Ms. Lester suggested to use of a time limit for the Respondent testimony/comments. A motion was made by Ben Wagner, second by Sherry Lester, based on the items presented during this meeting the Board will send a letter to City Council requesting the removal of Jennifer Reynolds from the Board at the earliest convenience. 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 - 8. PUBLIC DISCUSSION 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. Page 5City of Edgewater Printed on 9/5/2017