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11-21-1985 [ ~ u u Ct' v~ , ". \ CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD November 21, 1985 7:00 p.m. Shuffleboardntiild~ng MINUTES The Chairman called the meeting to order at 7:00 p.m. in the Shuffleboard Building of Edgewater. CALL TO ORDER/ROLL CALL Members present were: Mrs. Moses, Mrs. Kane, Mrs. Ciccarello, Mrs. Cucanich; Messrs. Turano, Biggerstaff and Chairman Williams. Also present were Mr. Mullens and Mr. Hawkins, of the A-I Truss Company; Mr. James Hoppe, Jr.; ~,Ir. Dennis Fischer, Code Enforcement Officer. Mr. Williams announced the Board would go directly to New Business and the secretary then swore in r.1r. I-Iawkins, Mr. Mullens and Mr. Hoppe, all appearing for a hearin~. NEW BUS INESS , 85-CC-l, Hawkins, Orville, A-I Truss Company - Noise Violations Mr. Williams asked Mr. Fischer, Code Enforcement Officer, to bring the Board up to date. Mr. Fischer stated the Board should have a copy of a letter regarding pending litigation, Eastern Shores Mobile Village filing'suit'a.gainst'A-l Truss Company, alleging noise nuisance and are carrying this to the Civil Court level. They have, in their filing, complained about noise and noise levels in statements made by their Attorneys in their behalf. He con- tinued they also went to the expense of having noise decibel testings made. Mr. Fischer then discussed the readings with Mr. Hawkins and the statements made in correspondence regarding the noise levels, which stated'" Conclusion: Under t.h(3 conditions existing at the time of the test, all sound pressure L lOts recorded are in compliance with maximum allowed by regulation. L Max recordings, (impact pressures A-weighted) are also in compliance.". Mr. Fischer continued he and Mayor Baugh had recently made more tests and found the L lOts were below excessive noise along with the L Max, but due to litigation being in progress, Mr. Fischer suggested the Board table this matter. Mr. Mullens then introduced himself as President of Trusco in Holly Hill, and stated they purchased A-I Truss with their problems. He also stated they had retained an attorney for this suit. Mr. Mullens explained they have tried to cooperate with neighbors, tried to plant trees, had meetings with their attorney trying to head off litigation. Mr. Mullens stated they do have a real p~9blem and have ordered their own sound meter. He also declared the closest shed they have to the residences is a fabri- cation shed on the North boundary. Mr. Mullens also stated the old Truss Company operated 24 hours a day; Trusco will operate from 7:00 A.M. to 3:30 p.m., no weekends, just an occasional Saturday, and added they do want to be a good neighbor. After further discussion ,Mr. Turano made a motion to cE!.rtifY t.lie first motion previously made, A-I Truss is in compliance, seconded by Mrs. Moses. Motion CARRIED 7-0. / u u 85-CC-18, Hoppe, James R., Jr., 27 Blue Heron Lane - Broken G lass in Garbage Mr. Williams asked Mr. Fischer to explain the details to the Board and Mr. Fischer stated there is a new Ordinance just passed on broken glass in garbage, that it must be clearly marked and in a separate container. Mr. Hoppe explained he was not aware of the Ordinance or he most certainly would have stressed safety, being a City employee himself. Mr. Fischer stated the warning appears on the back of water bills. Mr. Fischer also stated the majority of accidents corne from the refuse people, jagged edges of containers, broken glass, or whatever, and employees have now been provided with gloves. Mr. Fischer also reported that from these accidents, the Safety Director generated litigation that refuse be marked that is being thrown away. Mrs. Ciccarello suggested broken glass being put inside a container should be responsible caution. A brief discussion followed as to the Ordinance recently passed. Mr. Turano then made a motion that in view of Mr. Hoppe's first offense, basically against this Ordinance, and in view of the fact he did not receive the Ordinance in the proper way, he suggested the Board issue a warning to Mr. Hoppe, seconded by Mrs. Kane. Motion CARRIED 7-0. Mr. Williams then called for approval of two sets of minutes. Mrs. Kane moved the minutes of September 26, 1985 be approved, seconded by Mary Ciccarello. Motion CARRIED 7-0. Mr. Turano then moved the minutes of October 30, 1985 be approved, seconded by Mr. Biggerstaff. Motion CARRIED 4-0 (Mrs. Moses, Mrs. Kane and Mrs. Ciccarello being absent at the October 30th meeting). OLD BUSINESS 85-CC-IO, Campbell, Steve, 208 S. Ridgewood, Debris and Fire Vioillation This case having come before the Board several times, a discussion followed as to settlement of this problem. Mrs. Ciccarello made a motion we ask the City to follow whatever procedures necessary to secure the building, clear the trash and debris, mow the grass, and anything else necessary to bring the property into compliance. The motion was seconded by Mr. Biggerstaff. Motion CARRIED 7-0. The secretary was asked to send a letter to Mr. Lumbert, and advise him of the action taken by the Board and to also inform the Public Works Supervisor to proceed immediately to bring this property into compliance. 85-CC-ll, Lamanec, Emil & Agnes, 2401 Queen Palm Drive, Weeds on property This being another case that has come before the Board several times, Mrs. Kane made a motion a letter be sent to the Lamanec's informing them the City will bring the property into compliance and the Lamanec's will be billed at a later date. The motion was seconded by Mrs. Moses. Motion CARRIED 7-0. The secretary was instructed to have Mr. Williams and Mr. Fischer sign this letter. 85-CC-16, D'Aiello, Frank Sr. - 6 Dogs on premises Mr. Williams announced Mr. D'Aiello is now in compliance and asked an "In Compliance" statement be mailed to Mr. D'Aiello signed by the Code Enforcement Officer. Citizen Code Enforcement Board Minutes of November 21, 1985 -2- ..7 u ., u MISCELLANEOUS Mr. Fischer then addressed the Board regarding his conversation with the Animal Control Officer. He explained the Officer issues citations which result in a court appearance by the defendant. Mr. Fischer stated this has resulted in a lot of time being consumed before they finally appear in court, and perhaps if the Code Board would start listening to the animal complaints, it would hasten her job. Mr. Fischer stated the Animal Control Officer would like to bring these people before the Board for immediate action. Mrs. Kane suggested perhaps we might be too lenient and Mr. Fischer answered he hoped not, as almost every court appearance resulted in fines. Mr. Fischer also stated the Animal Control Officer would like to see this Board deal with these people very severely. After a lengthy discussion, Mr. Turano made a motion the Board accept cases of the Animal Control Officer, seconded by Mr. Biggerstaff. Motion CARRIED 7-0. The secretary was then advised to send a letter to the Animal Control Officer that we will accept these cases. Mr. Williams reminded the Board the December meeting date has been changed to December 19th. There being no further business, Mr. Turano made a motion the meeting be adjourned, seconded by Mr. Biggerstaff. The meeting was then adjourned at 8:50 p.m. Minutes submitted by Dorothy C. Garrity Citizen Code Enforcement Board Minutes of November 21, 1985 -3- \.. "