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07-25-1985 ~- - Q q CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT OOARD July 25, 1985 7:00 p.m. MINUTES Chairman Williams called the regular meeting to order at 7:00 p.m. in the Community Center. ROIL CALL Members present; Messrs. Williams, Turano, Mrs. Kane, Mrs. Moses, Mrs. Ciccarello and Mr. Biggerstaff was excused. Also present; David Jones, Code Enforcerrent Officer; Mr. Racco, repre- senting Eastern Shores Association, and Mrs. Rufer, Secretary. Mrs. Ciccarello noted a correction of the minutes at the June 27th rreeting wherein it was stated that Mrs. Kane seconded the notion to approve the minutes of May 30, 1985. Mrs. Kane was not at the meeting. Mrs. Ciccarello made a notion that the minutes of the June 27th meeting be corrected and adopted, along with minutes of the June 25th meet ing, seconded by Mrs. Kane. M:>tion CARRIED 5-0. OID BUSINESS Corbett Smith, North Side of Marion Avenue - Sec. 10, 43, 44, 45 and 46, 85-CC-7. Mr. Williams asked Mr. Jones if any debris, etc. had been cleaned up and Mr. Jones stated the debris (anything unattached to huildings, under ramps structure, sheet metals, pallets, anything the kids could get hurt, etc.) had not been cleaned up as of this date. He stated he would do a follow up on Saturday, July 27th. Mr. Williams asked if anything had been done about the tile and Mr. Jones stated he had no qualms, as he counted that as pennanent. Mrs. Ciccarello stated this was all to be done by the "next meeting in 30 days", kind of contradictory, so he will have to rush it. Mr. Jones stated he will be checking to see if they are working there Saturday, but in essence there won 1 t be anything going on as he has 'till the next meeting, and prior to .that time he will do a follow up again. He stated he probably should have given him a cOfil)liance form for the weeks but will do it next and see how he acts on it, getting the debris renoved. Mr. Williams stated it probably means before sixty days is up again, and that would be our next meeting. Mrs. Ciccarello asked when this would fall in August and Mr. Williams said it will be the 29th. Mrs. Ciccarello said he would then be two days over (from June 29th) and Mr. Williams said he will either be in cofil)liance or not and they would cross that bridge when they come to it. Mr. Jones made a suggestion that next time a fine should be ifil)Osed, for any day beyond the sixty days. Mrs. Ciccarello said he will only have two extra days, but at the next rreeting they can impose a fine immediately starting that day. Mr. Williams stated it was never discussed that a fine would be enforced, and suggested the fines as appear in the Code Book be sent to Johnson and Smith, stating we did not make them aware, and thought they knew, etc. -1- (... Q (). ,[ j~~ . . Mrs. Ciccarello made a IIDtion this be tabled until the next rreeting, seconded by Mrs. Kane. TABLED 5-0. A-I Truss Company, Case 85-OC-8, Violation of City Code, Section 10-25, Noise level limits exceeded in the industrial 'and surroUnding residential area located at 1521 Industrial Road. A discussion follo\red as to what steps are being taken as to resolve their problem, such as putting sand under the working cables. A letter is to be forwarded by the technician to this board, and another test is to be rrade for the decibel level on the residential property, but it is feared it will still be in violation. Mr. Racco stated that v.hen this problem first came up, the business was put up there legally, in the sense of the Code. The people then said there was a lot of noise, md the action of the decibels came into being. He asked who is going to pay for the reading the complainers or the people in business. Mr. Jones stated he went ahead and got the readings for the past two tirres, free, through Mr. Gately and he believes. Mr. Hawkins can get in touch with Mr. Gately and if Mr. Gately does not agree, Mr. Jones can do it himself. Mr. Racco then discussed just v.here they are going in this rmtter; if it doesn't pass the rmn has got to pack up and leave; or the trailer park is going to be rroved on the other side of town; or, what we are driving at. He also discussed the trailer camp where they are living and asked what zone that would be. Mrs. Ciccare]o said she thought it was R-2 or R-3, but it really is MH. Mr. Racco then went into a discussion as to the buffer zone. Mr. Jones stated there is an eight.. foot wall, which could be a buffer, and Mrs. Ciccarello said a multi-family has been used as a buffer, so a wall is alright. hrr. Williams said this is still out of compliance and the decibels have to come down, even though he is really trying. Mrs. C iccarelJo stated it should be back in compliance within thirty (30) days Mr. Williams discussed the procedure Mr. Gately has to take after a test, which doesn't get back to Mr. Williams for about three weeks, on both processes. Mr Fischer told M:-. Williams Mayor Baugh is up in arIIE about it because he wasn't asked, but Mr. Williams had sent a letter to him asking for help. Mayor Baugh says it is not in violation, but Mr. Williams has a certified man from County who says it is in violation. Mr. Turano asked if the COlIJllainants are still complaining; if there has been any changes, and Mr. Williams stated they are still complaining, some putting their homes up for sale. 'He asked Mr. Racca if he would like to speak, as he lives there every day. and Mr. Racco said he believed that at this time it would be unfair to Mr. Hawkins for him to say anything. There was quite a discussion off record as to the noise decibel. Mr. Williams stated he wants the City Attorney's advice and the Board does to''l, as to whether it should go to court or whether the Board is obligated '.0 handle it. It was then discussed that our position has always been that if -he could meet the ordinance , the the complaint goes out the window. But he is not meeting the ordinance as of this date. Mr. Williams suggested Mr. Hawkins and Mr. Johnson Smith be aware of the situation as to what fines can be imposed and that he would like to see us do something, such as, if he is not in compliance by the next meeting the attorney should be here. Citizen Code Enforcement Board Minutes July 25, 1985 -2- II- (.) o tY1 I Mrs. Ciccarello asked if the expert Mr. Williams spoke to told him the sand would do the trick and he stated yes. Mr. Jones added that yes, they put sand and skirts around the table, plywood all around. Mrs. Ciccarello asked if the expert was a so-called noise expert, and Mr. Jones said he was supposed to be very good, mOre or less like an engineer. Mr. Jones stated he is to go on Monday to get sanething in writing. Mrs. Ciccarello asked if they were going to be given another reading to get back to the Board, and Mr. Jones said no, they have enough problems and he will get it himself. Mrs. Ciccarello stated she lives very close and they hear no noise at all, and they had been working until after midnight sorre nights. Mr. Williams then asked just what they should do at this point and it was suggested they ask the attorney to make a decision and inform the board. A discussion followed as to who should be at the next meeting; a suggestion was made to invite the attorney and alsq the principal, Mr. Hawkins. Mr. Williams suggested he is not required to do this but to see if he co1}.ld come. Mr. Turano made a notion that the attorney should be made aware of the whole situation up until now, and if it does not get into compliance after the check has been made, the Truss Company should be at the next meeting, along with Mr. Jones and Mr. Racco, if they so desire. Mrs. Ciccarello seconded. IDI'ION PASSED 5-0. ELECTION OF NEW OFFICERS Mr. Williams announced that the floor is open for nominations of Olainnan and Vice Olainmn. Mr. 'furano nominated Mr. Williams for Olainmn, seconded by Mrs. Ciccarello. There being no further nominations, nomination for Olainmn was closed, and after a unanim:>us vote, Mr. Williams was elected for a one year term as Cllainnan. Mr. Williams then announced the floor is open for nomination of Vice Chainmn. Mrs. Ciccarello nominated Mr. Turano, seconded by Mr. Williams. There being no further nominations, the nomination for Vice Olainnan was closed, and after a unaniIIDus vote, Mr. Turano was elected for a one year term as Vice Cllairman. NEW BUSINESS Mrs. Moses was approached with a corrplaint as to people who are ill at harre being bothered by neighbors who continually race their notorcycles up and down the block, etc, and after a discussion, it was decided nothing much could be done except to call the police, although sorreti..rres that doesn I t help either, and it eventually clears up. MISCELLANEOUS A discussion was held concerning the railroad tracks going across to the Junior High, which was repaired by New Smyrna, and why it wasn I t done by Fdgewater. It was revealed Edgewater does not do this; it is done by the railroad. A discussion then followed concerning fires and fines that can result because of said fires. It was stated that rather than go to court, sarre would just pay the fine. Mrs. Ciccarello made a notion to adjourn the rreeting, seconded by Mrs. Kane. The rreeting was then adjourned by Olainmn Williams at 8:05, p.m. Minutes submitted by lX>rothy C. Garrity. Citizen Code Enforcerrent Board Minutes July 25, 1985 -3-