09-14-2017104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement Board
2:00 PM Council ChambersThursday, September 14, 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.
Ben Wagner, Alice Haldeman, Glenn Barnhill, Nikki Hughart, Ann Williams and Jennifer
Reynolds
Present 6 -
Sherry Lester and Jeff LariscyAbsent2 -
Kevin Pogany, Shontella Jackson and Robert HazelwoodAlso Present 3 -
3. PURPOSE/PROCESS OPENING STATEMENT
Chairman Ben Wagner read the opening statement.
4. APPROVAL OF MINUTES
A motion was made by Glenn Barnhill, seconded by Nikki Hughart, that the minutes of the
August 10, 2017 was approve.The motion was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Glenn Barnhill, Nikki Hughart, Ann Williams, and Jennifer
Reynolds
6 -
Absent:Sherry Lester, and Jeff Lariscy1 -
Minutes of the August 10, 2017 Code Enforcement Board
5. SWEARING IN OF WITNESS(ES)
Sworn in were M. J. Gomez of 2224 Victory Palm Dr.; Edgewater, FL; Code Officer Robert
Hazelwood and Code Officer Kevin Pogany.
6. DISCLOSURE OF EX PARTE COMMUNICATIONS*
None.
7. COMPLIANCES
a. Cases in compliance before Hearing
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September 14, 2017Code Enforcement Board Meeting Minutes
b. Cases Administratively Closes
8. REQUESTS FOR TABLING/CONTINUANCE
9. NEW BUSINESS - PUBLIC HEARING
e.Case #17-112984 Repeat
Citation #6092 (Hazelwood)
M J Gomez - 2224 Victory Palm Dr.
Sec. 10-402 Alternate method of enforcement
Code Officer Robert Hazelwood presented the case. Code Officer Robert Hazelwood stated the front
of the property was maintained but the back was not maintained.
Mr. Gomez plead not guilty regarding the violation. He stated he only received this notice and that
he was out of town in the West Coast. He also stated he has a lawn guy to maintain the property.
A motion was made by Alice Haldeman, second by Nikki Hughart to find in violation and
follow staff recommendation. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Glenn Barnhill, Nikki Hughart, and Ann Williams5 -
No:Jennifer Reynolds1 -
Absent:Sherry Lester, and Jeff Lariscy1 -
h.Case #17-112869 B
Citation #5647 (Pogany)
Elfriede & Edgar W. Perwass - 2629 Silver Palm Dr.
Sec. 10-121 Trailer storage
Code Officer Kevin Pogany presented the case. No one was present for this case.
A motion was made by Nikki Hughart, second by Ann Williams, to find in violation and
increase the per day fine to $150.00 for each day the violation exist past September 14,
2017. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Nikki Hughart, and Ann Williams4 -
No:Glenn Barnhill, and Jennifer Reynolds2 -
Absent:Sherry Lester, and Jeff Lariscy1 -
i.Case #17-112869 C
Citation #5647 (Pogany)
Elfriede & Edgar W. Perwass - 2629 Silver Palm Dr.
Sec. 10-113 Inoperable/wrecked vehicle
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September 14, 2017Code Enforcement Board Meeting Minutes
Code Officer Kevin Pogany presented the case. No one was present for this case.
A motion was made by Nikki Hughart, second by Ann Williams, to find in violation and
increase the daily fine to $150.00 per day for each day the violation exist past September 14,
2017. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Nikki Hughart, and Ann Williams4 -
No:Glenn Barnhill, and Jennifer Reynolds2 -
Absent:Sherry Lester, and Jeff Lariscy1 -
n.Case #17-112898
Citation #6089 (Hazelwood)
Diana Whiteman - 3308 Sabal Palm Dr.
Sec. 10-121 Trailer storage
Code Officer Robert Hazelwood presented the case. Code Officer Robert Hazelwood stated the RV
has been moved. No one was present for the case.
A motion was made by Nikki Hughart, second by Ann Williams to find in violation and follow
the staff recommendation. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Glenn Barnhill, Nikki Hughart, and Ann Williams5 -
No:Jennifer Reynolds1 -
Absent:Sherry Lester, and Jeff Lariscy1 -
p.Case #17-112875
Citation #5644 (Pogany)
Sherman M. Saunders - 1227 Willow Oak Dr.
Sec. 21-36.09 Swimming pool
Code Officer Kevin Pogany presented the case. Code Officer Kevin Pogany stated the citation fee of
$75.00 and the cost for the installation of a temporary fence in the amount of $180.00 had been paid.
Code Officer Kevin Pogany amended his staff recommendation to delay daily fine for ten days until
September 24, 2017. No one was present for the case.
A motion was made by Alice Haldeman, second by Nikki Hughart to find in violation and
delay daily fines for ten days to start on September 24, 2017 and lien to be placed if not
corrected by September 30, 2017. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Glenn Barnhill, Nikki Hughart, Ann Williams, and Jennifer
Reynolds
6 -
Absent:Sherry Lester, and Jeff Lariscy1 -
Chairman Ben Wagner read the following cases and concluded with it appears after reviewing these
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September 14, 2017Code Enforcement Board Meeting Minutes
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.Case # 17-112550
Citation #5650 (Pogany)
Mary Ann & Merkle Ann Sausa - 2509 Travelers Palm Dr.
Sec. 21-55.02 Tree removal permit required
b.Case #17-112806 A
Citation #5649 (Pogany)
Robert S. Pogg - 2925 Yule Tree Dr.
Sec. 10-115 Parking (residential)
c.Case #17-112806 B
Citation #5649 (Pogany)
Robert S. Pogg - 2925 Yule Tree Dr.
Sec. 10-84 Parking (easement)
d.Case #17-112806 C
Citation #5649 (Pogany)
Robert S. Pogg - 2925 Yule Tree Dr.
Sec. 10-113 Inoperable/wrecked vehicle
f.Case #17-112819
Citation #5648 (Pogany)
Millennium Capital Group - 124 Hamilton Rd.
Sec. 21-52.02 Access/driveways
g.Case #17-112869 A
Citation #5647 (Pogany)
Elfriede & Edgar W. Perwass- 2629 Silver Palm Dr.
Sec. 10-98 Property maintenance
j.Case #17-112969 (Repeat)
Citation #5646 (Pogany)
John D. McLaughlin - 2520 Umbrella Tree Dr.
Sec. 10-402 Alternate method of enforcement
k.Case#17-112894 A
Citation #6091 (Hazelwood)
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September 14, 2017Code Enforcement Board Meeting Minutes
Donna R. Carlson - 743 Navigators Way
Sec. 10-113 Inoperative/wrecked vehicle
l.Case #17-112894 B
Citaiton #6091 (Hazelwood)
Donna R. Carlson - 743 Navigators Way
Sec. 10-83 Neglected premises
m.Case #17-112907
Citation #6090 (Hazelwood)
Ethel Knighton Winifred - 2401 Queen Palm Dr.
Sec. 10-402 Alternate method of enforcement
o.Case #17-112884
Citation #5645 (Pogany)
Viola T. Van Leuvan - 2330 Kumquat Dr.
Sec. 10-402 Alternate method of enforcement
A motion was made by Alice Haldeman, second by Nikki Hughart to find in violation and
follow the staff recommendations. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Glenn Barnhill, Nikki Hughart, and Ann Williams5 -
No:Jennifer Reynolds1 -
Absent:Sherry Lester, and Jeff Lariscy1 -
10. OLD OR UNFINISHED BUSINESS
The two cases listed below were not heard and no one was present for this case.
a.Case #17-112623 A
Citation #5642 (Pogany)
Melissa & Jacob Reed - 143 W. Palm Way.
Sec. 21-33.02 Permitted uses
b.Case #17-112623 B
Citation #5642 (Pogany)
Melissa & Jacob Reed - 143 W. Palm Way
Sec. 21-210.02 Fire & Life safety standards
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September 14, 2017Code Enforcement Board Meeting Minutes
11. BOARD DISCUSSION
a. Election of Chair and Vice Chair
The Chairman Ben Wagner open the nomination for Chairman. Alice Haldeman nominated Ben
Wagner for Chairman. No other nominee were submitted.
A motion was made by Alice Haldeman, second by Nikki Hughart to re-elect Ben
Wagner as Chairman. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Glenn Barnhill, Nikki Hughart, and Ann Williams5 -
No:Jennifer Reynolds1 -
Absent:Sherry Lester, and Jeff Lariscy1 -
The Chairman Ben Wagner open the nomination for Vice Chairperson. Nikki Hughart nominated
Alice Haldeman for Vice Chairperson. No other nominee were submitted.
A motion was made by Nikki Hughart, second by Ann Williams to re-elect Alice Haldeman
as Vice Chairperson. The MOTION was APPROVED by the following vote:
Yes:Ben Wagner, Alice Haldeman, Glenn Barnhill, Nikki Hughart, and Ann Williams5 -
No:Jennifer Reynolds1 -
Absent:Sherry Lester, and Jeff Lariscy1 -
12. CODE ENFORCEMENT DIVISION REPORT
Code Officer Kevin Pogany stated code had 146 new cases and 148 cases resolved for the month of
August.
13. PUBLIC DISCUSSION
Dave Woods of 748 Navigators Way was present and complimented the staff/board.
a. Next meeting date: October 12, 2017
14. ADJOURN
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September 14, 2017Code Enforcement Board Meeting Minutes
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 7City of Edgewater Printed on 10/6/2017