09-05-2018104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Code Enforcement/Special Magistrate
1:00 PM Council ChambersWednesday, September 5, 2018
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER
2. PURPOSE/PROCESS OPENING STATEMENT
Special Magistrate James Stokes gave a brief introduction and stated the purpose/process opening
statement.
3. APPROVAL OF MINUTES
Special Magistrate James Stokes approved the minutes of the August 1, 2018 meeting.
4. SWEARING IN OF WITNESS(ES)
Sworn in were Rodney and Dawn Taber of P.O. Box 360001, Melbourne, FL; Gregory Shaw of 303
W Ocean Ave., Edgewater, FL; Joseph Lawrence of 423 Quay Assisi, New Smyrna Beach, FL;
Raymond and Christine D'Aliso of 1867 Willow Oak Dr.,Edgewater, FL; Officer Andrew Spurlock,
Officer Kyle Potter, Code Enforcement Officer Kevin Pogany, and Code Enforcement Officer Robert
Hazelwood.
5. DISCLOSURE OF EX PARTE COMMUNICATIONS*
None
6. COMPLIANCE
a. Cases in compliance before hearing
i.Case #18-114059
Citation #6161 (Hazelwood)
Offerpad LLC-2321 Vista Palm Dr
Section 10-5 Nuisance Generally-Dead Trees
ii.Case #18-114201a
Citation #5363 (Pogany)
Alice Gail Domroski-2304 Kumquat Dr
Section 10-5 Nuisance Generally
iii.Case #18-114201b
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September 5, 2018Code Enforcement/Special
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Meeting Minutes
Citation #5363 (Pogany)
Alice Gail Domroski-2304 Kumquat Dr
Section 10-80 Outdoor Storage
iv.Case #18-114201c
Citation #5363 (Pogany)
Alice Gail Domroski-2304 Kumquat Dr
Section 10-115 Parking Residential
Special Magistrate James Stokes read the above cases and concluded after reviewing the cases that
the properties are now in compliance and are found in violation of said Sections. The citations have
been paid in full as of September 5, 2018.
b. Cases Administratively closed
None
7. REQUEST FOR TABLING/CONTINUANCE
None
8. OLD BUSINESS-PUBLIC HEARING
None
9. NEW BUSINESS - PUBLIC HEARING
b.Case #18-114204
COV #16230 (Spurlock)
Rodney M Taber-Speed 59/45
Section 17-01 Traffic
Officer Andrew Spurlock presented the case. Rodney Taber was present and testified. He is a
notorious slow driver. He always sets the cruise control, he believes there was a mistake on which
vehicle was driving over the speed limit as the road was very buys north bound. Could have been
going over the speed limit a few miles per hour, but not going 59 in a 45 mph zone. Dawn Taber was
present and testified. Her husband is known for being a slow driver they were just talking about how
fast he was going before they were pulled over. Special Magistrate James Stokes finds in violation
and upheld the $77.00 City Ordinance Violation fee. The fee is due before September 18, 2018.
c.Case #18-114206
COV #16446 (Potter)
Raymond D'Aliso-Speed 53/40
Section 17-01 Traffic
Officer Kyle Potter presented the case. Raymond D'Aliso was present and testified. He was only
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September 5, 2018Code Enforcement/Special
Magistrate
Meeting Minutes
going 45 in the 40 mph zone. He had just came from the store. Special Magistrate James Stokes
finds in violation and upheld the $77.00 City Ordinance Violation fee. The fee is due before
September 18, 2018.
d.Case #18-114207
COV #15686 (Spurlock)
Joseph F Lawrence-Speed 61/45
Section 17-01 Traffic
Officer Andrew Spurlock presented the case. Joseph Lawrence was present and testified. He is a
retired Law Enforcement Officer from Connecticut. He knows and follows the rules of the road. He
denied going 61 in a 45 mph zone and was driving with a cluster of other vehicles. The officer did a
u turn to pull him over, and believes the calibration on the radar used may not be completed on a
monthly schedule. Special Magistrate James Stokes finds in violation and upheld the $77.00 City
Ordinance Violation fee. The fee is due before September 18, 2018.
k.Case #18-114155a
Citation #5360 (Pogany)
Gregory Shaw-303 W Ocean Ave
Section 10-98 Property Maintenance-Grass/Weeds
l.Case #18-114155b
Citation #5360 (Pogany)
Gregory Shaw-303 W Ocean Ave
Section 10-113 Inoperable Vehicle
m.Case #18-114155c
Citation #5360 (Pogany)
Gregory Shaw-303 W Ocean Ave
Section 21-60.05 Exemptions Holiday Lights
Code Enforcement Officer Kevin Pogany presented the case. Gregory Shaw was present and
testified. He is currently holding down 2 jobs and has 3 children that he only sees a few days a week.
He began working on the violations when he received the notice, but was not able to complete
everything in the time frame permitted. His lawn mower was not operable and the tire on the vehicle
was flat, but he only drives the car about one time per month and fills it with air right before he
drives it. He currently does not have the funds to pay a $225.00 citation. Special Magistrate James
Stokes finds the property in violation of all the above Sections. Due to the property being in
compliance he will uphold the $75.00 fee for Section 10-98 Property Maintenance and will waive the
fees for Section 10-113 Inoperable Vehicle and Section 21-60.05 Exemptions-Holiday Lights. He
reiterated that if the property falls into non compliance, it will be treated as a repeat violation and
the citation fines will double. The citation will be due prior to October 19, 2018.
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Special Magistrate James Stokes read the following case and concluded after reviewing the case that
no one was present for the read case. Pursuant to the statement that appears on the City Ordinance
Violation issued that failure to appear at the hearing waives your right to contest the citation, and in
such case, judgement may be entered against you for an amount up to the maximum penalty.
a.Case #18-114196
COV #15671 (Lupo)
Robert C Votolato Sr-Driver Not Belted
Section 17-01 Traffic
Special Magistrate James Stokes read the following cases and concluded after reviewing the cases
that no one was present for the read cases. Pursuant to Section 10-348 and 10-345 subparagraph C
11 of the Code of Ordinance 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
violations and that an order can be made for the maximum application penalties that include but are
not limited to administrative costs, fines, daily fines and liens. However, we have the benefit of the
staff recommendation, the Special Magistrate shall entertain motions and take whatever actions are
deemed appropriate.
e.Case #18-114154 REPEAT
Citation #5384 (Pogany)
Bruce M Davis Est-2617 Juniper Dr
Section 10-98 Property Maintenance-Grass/Weeds
exp
f.Case #18-114128 REPEAT
Citation #6162 (Hazelwood)
David P Alexander-1816 Pine Tree Dr
Section 10-402 Alternate Method of Enforcement
exp
g.Case #18-114032
Citation #6163 (Hazelwood)
Realty Income Properties LLC-2798 S Ridgewood Ave
Section 21-34.05 Refuse and Dumpster
exp
h.Case #18-114153 REPEAT
Citation #6164 (Hazelwood)
William I King-422 Sandpiper Ct
Section 10-402 Alternate Method of Enforcement
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exp
i.Case #18-114140
Citation #5359 (Pogany)
Kingsgate, LLC-3330 Willow Oak Dr
Section 10-98 Property Maintenance-Grass/Weeds
exp
j.Case #18-114144
Citation #5361 (Pogany)
Edgewater Land Co LLC-91 W Indian River Blvd
Section 21-210.02 Fire & Life Safety Standards
exp
n.Case #18-114199 REPEAT
Citation #5362 (Pogany)
Viola T Van Leuvan-2330 Kumquat Dr
Section 10-402 Alternate Method of Enforcement
10. 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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