07-23-1981
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING
July 23, 1981
CALL TO ORDER
Chairman John Zeller called the regular meeting of the Citizen
Code Enforcement Board of the City of Edgewater, Florida to
order at 7:05 P.M. in the Conference Room.
ROLL CALL
John Zeller
Russell Prater
Charles Hamel
Phillip Williams
Lois Kane
Frank Richardson
Dan Holahan
Present
Present
Excused
Present
Excused
Present
Present
City Attorney Clay Henderson was also present, as well as Police
Chief Earl Baugh.
APPROVAL OF MINUTES
Mr. Richardson made a motion to approve the minutes of the
organization meeting of June 25, 1981, which was seconded by
Mr. Williams. The motion CARRIED 5-0.
Mr. Zeller noted for future reference the word "Citizen" should
be used when referring to the Code Enforcement Board.
BUSINESS TO DISCUSS
Election of Permanent Chairman and Vice Chairman
Mr. Holahan nominated John Zeller for Chairman, which was seconded
by Mr. Richardson.
Mr. Holahan moved the nominations be closed, which was seconded by
Mr. Richardson.
Mr. Holahan moved the records show Mr. Zeller was elected by
unanimous vote. The motion CARRIED 5-0.
Mr. Williams nominated Russell Prater for Vice Chairman, which
was seconded by Mr. Holahan.
Mr. Holahan moved the nominations be closed, which was seconded by
Mr. Richardson.
Mr. Holahan moved the records show Mr. Prater was elected by
unanimous vote. The motion CARRIED 5-0.
OLD BUSINESS
The City Attorney presented a Notification of Ordinance Violation
Warning form for the Board's approval.
The Board discussed and reviewed the form, making various suggestions
for changes.
Mr. Richardson made a motion to adopt the warning form with the
modifications as discussed. Mr. Prater seconded the motion.
The motion CARRIED 5-0.
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Mr. Zeller requested that all items to be discussed at the meeting
be included with the packets prior to the meeting ,in the future.
The case and form numbering system was discussed, using the year
and Board designation, then a chronological order.
NEW BUSINESS
Legal Counsel During Hearings
The Board discussed having the City Attorney and Police Chief
present at the meetings and it was the consensus of opinion that
their presence would not be necessary unless there was a case
pending.
Mr. Zeller stated he felt the City Attorney could have a conflict
of interest at hearings by having to represent the Board and
the code inspectors at the same time, therefore outside legal
counsel would be required.
Mr. Henderson read from the State Statutes concerning this problem
and his position in representing the Board and the City at the
same time.
After further discussion the Board agreed they would have sufficient
notice to determine if outside counsel would be necessary since
this situation would be a rare occasion and they would take
appropriate action at that time.
Procedure Summary
Mr. Henderson presented a summary of the procedures concerning
violations which Mr. Zeller had requested he prepare for the Board
and could be distributed with the warning forms to the violators.
Rules and Regulations
The Board discussed the various Articles:and Sections of
the Rules and Regulations. Mr. Zeller suggested the addition of
a scenario to Item VIII. Section I(l) was also discussed and
requested that the first sentence be changedto read "approved by
at least four members of the Board"., instead of the "maj ori ty" .
Mr. Williams made a motion to adopt the "Rules and Regulations"
as amended, which was seconded by ~r. Richardson. The motion
CARRIED 5-0. There was no objection from the Board members to
include the attached forms of the Rules and Regulations as being
approved.
Citizen Representation
The Board discussed violators having citizen representation in
lieu of a practicing attorney.
Mr. Henderson stated such a representative would be engaged in
the unauthorized practice of law.
ADJOURN
Mr. Richardson made a motion to adjourn the meeting, which was
seconded by Mr. Prater. The meeting was adjourned until August 27th
at 7:00 P.M. and the agenda package will be ready for pickup by
August 21st.
Minutes submitted by:
Patsy L. McCann
Citizen Code Enforcement Board 7/23/81
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