04-25-1985
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CITY OF EDGEWATER
Citizen Code Enforcement Board
April 25, 1985
Minutes
Mr. Williams called the regular meeting to order at 7 p.m. in the Community
Center.
ROLL CALL
Members present: Messrs, Williams, Turano, Richardson, Delarwelle,
Biggerstaff, and Mrs. Kane. Excused: Mrs. Moses. Also present: Mr.
Fischer, Building Official, Mrs. Taylor, Secretary, and one member of
the press.
NEW BUSINESS
85-CC-2 - Francis D. Morris, 1814 Evergreen Drive - junk vehicle - untagged
Mr. Delarwelle moved to proceed with Miscellaneous because of so many people
in attendance. Mr. Williams explained that Mr. Morris needs to leave soon
to attend to his business. The motion died for lack of a second.
Mr. Morris was sworn in by the secretary. Mr. Morris told the Board that
he has just recently purchased the house at 1814 Evergreen Drive. He said
that he objected to his vehicles being called junk, as he has put a lot of
money into them recently. He does not have junk automobiles, he stated -
he has a business. The trailers weren't tagged because he didn't need
them tagged at the time and was unaware that they had to be tagged. Two
of the vehicles have been tagged and the other two vehicles have been taken
off of the property.
Mr. Williams asked that the Code Enforcement Officer be advised to phrase
his wording differently when referring to vehicles.
Mr. Morris apologized for not having the vehicles tagged; he was not aware
they needed to be tagged, he said.
Mrs. Kane moved to dismiss the case, if he complies. Mr. Richardson seconded
the motion. The motion CARRIED 6-0.
Mr. Fischer arrived to the meeting and said that he had spoken to Mr. David
Jones today and was advised by him that the vehicles which are there are
tagged.
84-CC-4 - Bani Comerate, 103 S.Ridgewood - storing of junked vehicle
An in-compliance form signed by Mr. Jones, Code Inspection Officer, was
reviewed by the Board members. '
Mr. Delarwelle moved that this case be dismissed. The motion, seconded by
Mr. Richardson, CARRIED 6-0.
The secretary was advised to send him an in-compliance letter.
84-CC-5 - Lloyd Van Winkle, 101 S. Ridgewood - violation of Life Safety Code
Mr. Fischer spoke to the members about the abandoned fuel tank on the Van
Winkle property and it was explained that Mr. Jones had cited Mr. Van Winkle
for the fire wall violation only.
A one-hour fire rated partition must be between two businesses in the same
building, and the partition between the Personal Touch Lawn Care Center's
repair area and a working bay in Mr. Van Winkle's garage area does not
meet this requirement.
Mr. Van Winkle was sworn in. Mr. Van Winkle read a letter from his tenant,
Mr. Comerate, to the Code Enforcement Board: "It is my understanding that
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Mr. Van Winkle, doing business as U. S. 1 Auto Electric, has received a
subpoena to install a fireproof wall between my business and his. I have
asked Mr. Van Winkle to hold .up on this procedure for two reasons. The
success of Personal Touch Enterprises has urged a search of other property
to house our growing facilities. If this, in fact, succeeds, which it has,
Mr. Van Winkle would not.be liable for erecting a fireproof wall between
our businesses. Personal Touch Enterprises feels that we have been un-
justly harassed by neighboring businesses which caused us to search for
larger facilities. This is contingent upon my request to Dennis Fischer
to see if I can adequately conduct my business out of a new facility".
Mr. Fischer advised that the Planning and zoning Board has been asked to
rule on whether his type of business is permitted in the zoning district
involved. This will be on their May 1 agenda. Mr. Van Winkle said that
when Mr. Comerate moves out of the building he intends to occupy that space
and, therefore, will not need the firewall.
Mr. Richardson asked if Mr. Van Winkle would need to install the firewall
if Mr. Comerate moved out and was advised that one business under one roof
would not need to have a firewall. Mr. Richardson recommended a 45-day
extension for Mr. Van Winkle to give the Planning and Zoning Board time
to meet and make a decision. Mr. Delarwelle seconded the motion. Mrs.
Kane asked if Mr. Van Winkle decided to rent the building again would he
need the firewall; Mr. Fischer agreed that he would. The motion CARRIED
6-0 to grant the extension.
MISCELLANEOUS
Noise pollution - request to speak to the Board from the Code Enforcement
Officer
Mr. Fischer explained that this item concerns a noise complaint against a
local manufacturer who is producing trusses in an industrial zone. This
industrial zone is adjacent to a mobile home park. The residents of the
mobile home park submitted a petition to the Building Official requesting
that department to investigate the possible noise violation. A decibel
reading was recently taken by the State, which indicates that none of the
three readings exceeded the 71 maximum decibel range, although some were
very close. There is no clear-cut violation but the truss plant has agreed
to attempt a workable solution. There is presently a 6-foot block wall
which is the only buffer. Mr. Fischer said he thinks the Board should take
a look at this situation and hear the two parties involved.
Mr. Williams cautioned that he did not want this discussion to get out of
hand. This Board cannot act unless there is a violation. He agreed to
let the two parties speak if it met with Board approval. The members
agreed to let them speak. Mr. Williams asked each side to appoint a speaker;
no others would be heard.
Mr. Harold Raoul, who lives at 20 Camino Real Court, said that the first
complaint went in last fall. The light industrial zone calls for 66 db,
not 71 db, he said. He introduced two letters, one from a retired local
minister, and another from a party who lives at 41 Camino Real Court.
The members reviewed these letters.
Mr. Turano asked if this case would be coming to the Board at a later time,
because, if the limit is 66 decibels instead of 71, it would be a violation.
Mr. Williams said that it would be up to the Building Official.
Mr. Raoul spoke again, providing information on the
readings. The noise coming from the truss plant is
and has lowered the property value, he pointed out.
the noise be contained within the zone.
different decibel
affecting their health
Their request is that
Mr. Orville Hawkins, general manager of the truss plant, said that theyi
want to live peacefully with the people in the mobile home park. He pointed
out that the decibel reading for manufacturing is 71, and that is what they
are involved in. He said that he visited another truss plant that uses a
different method, i.e., they use an air gun instead of hammers, and learned
that it is just as noisy as the hammers. The truss plant has agreed to
get styrofoam to put under the tables to hold down the noise level. However,
he said, he did not think they would ever get it down to a level which the
people would be happy with.
Citizen Code Enforcement Board
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April 25, 1985
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Mr. Hawkins said that the truss plant is willing to cooperate in any
way possible to alleviate the problem, pointing out that they have a
new machine which has been completely enclosed in a building which has
six inch insulation. The company has quite a sizeable investment in
the business, he stated. It would not be feasible to relocate.
Other methods of reducing the sound level were brought up, such as an
extended buffer, which would probably benefit both parties. The question
of the cost as opposed to the reduction in noise level was discussed.
The president of the association at the park asked to speak, saying that
they were not informed when the measurements were going to be taken. They
are not sure they were properly taken. Mr. Fischer gave him a copy of
the report which was signed by a State licensed man. There was further
exchange concerning the decibel reading requirements of the Code. Mr.
Fischer suggested that the questions concerning how the readings were
taken could be directed to the State man who took the readings.
said
Mr. Williams/that the Board could take no action on this matter at this
time because no violation exists, according to the Building Official. He
thanked the people for coming.
Mrs. Kane moved for approval of the March 28, 1985, minutes. Mr. Biggerstaff
seconded the motion, which CARRIED 6-0.
Mr. Delarwell moved for adjournment, seconded by Mr. Richardson. The meeting
was adjourned at 7:50 p.m.
Minutes prepared by Joan Taylor
Citizen Code Enforcement Board
April 25, 1985
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