10-20-1994
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THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
THURSDAY, OCTOBER 20,1994
COMMUNITY CENTER
7:00 P.M.
CALL TO ORDER:
Chairman Donald Schmidt called to order the regular meeting of the Citizen Code Enforcement
Board at 7:00 p.m., Thursday, October 20, 1994.
ROLL CALL:
Members present were Chairman Schmidt, Mr. Cowan, Mr. Roberts, Mrs. Bomer, Mrs. Strong,
Mrs. Planson and Mr. Lange. Also present were Beverly Kinney-Johnson, Code Enforcement
Officer; Mark P. Karet, Director of Community Development; Krista A. Storey, City Attorney
and Liz McBride, Recording Secretary.
APPROVAL OF MINUTES:
Mrs. Strong made a motion to accept the minutes of September 15, 1994, seconded by Mrs.
Borner. Motion CARRIED 4-0. Mr. Roberts, Mrs. Planson and Mr. Lange were absent from
the September 15, 1994 meeting, therefore, they did not vote.
SWEARING IN OF WITNESSES:
Chairman Schmidt requested Beverly Kinney-Johnson, Code Enforcement Officer and anyone else
with statements or comments pertaining to any of the cases stand and be sworn in. Mrs. Johnson,
Myron Hammond, 2516 Hibiscus Drive, Edgewater, FL and Karl Sachse, 2626 Lime Tree Drive,
Edgewater, FL were sworn in at this time.
CASES IN COMPLIANCEIWITHDRA WN:
Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance,
withdrawn or continued:
· 94-CE-0201, Michael LaChance DBA Economy Window Cleaning - In Compliance
· 94-CE-0219, Tony Pawlak - Continued
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Citizen c:de Enforcement Board
Minutes - October 20, 1994
Page -2-
UNFINISHED BUSINESS:
Case #92-CE-0494 - Resolution Trust Corporation c/o Joel A. Datz, Draper & Kramer, Inc.
Krista A. Storey, City Attorney, referred to a memorandum written by her to the Citizen Code
Enforcement Board dated October 13, 1994, a letter written by Mr. Datz dated September 29,
1994, and a copy of a check from Mr. Datz in the amount of four thousand dollars ($4,000) to
satisfy a Settlement Order. Both memorandum and letter concern the request of Mr. Datz for an
extension of time for the completion of abatement to the violation. Ms. Storey stated that the
environmental remediation is all that remains of the violation. She also stated that Mr. Datz is
attempting to obtain a Crossing Agreement from the Florida East Coast Railway so that he may
proceed with the cleanup. Ms. Storey indicated that Mr. Datz faxed her a copy of an agreement
with an environmental contractor. Photographs of the property, before and after the cleanup had
been initiated, were presented to the Board for review. Ms. Storey hoped the Board would
concur with staffs support in a continuation of compliance date to December 15, 1994.
Mr. Cowan moved that the Board approve Mr. Datz's request to extend the completion date of
abating the code violations to December 15, 1994, seconded by Mrs. Borner. Motion CARRIED
7-0.
NEW BUSINESS:
Chairman Schmidt called a brief recess at 7: 12 p.m. and the meeting resumed at 7: 13 p.m.
Case #94-CE-0226 - Karl & Donna Sachse dba Karl's Kar Kare. Spray painting inside a
building with no approved spray booth. Standard Fire Prevention Code 1002.1.2. Spray painting
in a room not protected by an approved automatic fire extinguishing system. Standard Fire
Protection Code 1002.9.1. Code Enforcement Officer Beverly Kinney-Johnson reported that the
Board heard this case on June 23, 1994 and determined no violation of these sections existed.
Ms. Johnson referred to an affidavit of complaint, filed by Myron Hammond on September 9,
1994, about vehicles being painted on a continuous basis at the Violator's business location.
Based on the affidavit of complaint, the Violator was given until September 29, 1994 to correct
the violation. Ms. Johnson explained that she was informed by the Building Division that Mr.
Sachse had submitted a permit application, that he was faxed comments for the required
revisions, and that as of October 20, 1994, he had not submitted revised plans. A photograph
was presented to the Board for review. Ms. Johnson requested that Mr. Hammond be permitted
to address the Board at this time to present additional information.
Myron Hammond, Myron's Auto Service and Body Repair, 2516 Hibiscus Drive, Edgewater,
Florida, stated that he had to comply with the rules of the City, which cost him considerable, and
that other shops should operate legally. Mr. Hammond described numerous vehicles that had
been painted at Karl's Kar Kare. Mr Hammond mentioned two other businesses that came into
compliance so that they could stay in operation. He also stated Ms. Johnson is out there doing
her job and should be taken at her word.
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Citizen ~e Enforcement Board
Minutes - October 20, 1994
Page -3-
New Business:
Ms. Johnson then recommended that the Violator be given until November 15, 1994 to correct
the violation or a fine of one hundred dollars ($100.00) per day be imposed.
Karl Sachse, 2626 Lime Tree Drive, Edgewater, Florida, stated he sent the paperwork for permits
to the City, and that he does primer cars and does body work. Mr. Sachse said that he had
nothing to hide, that his bay doors are open all day and that Ms. Johnson should have come into
the building to check what. was going on.
Ms. Johnson reported that Mr. Sachse's occupation license is for repairs only and no spray
painting is permitted.
After being questioned by the Board, Mr. Sachse alleged that he sends the vehicles to a friend
for painting, but would not divulge his name because he is also operating with no approved spray
booth.
Mr. Roberts, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-0226 that a violation of Section 1002.1.2 and 1002.9.1 of the
Standard Fire Prevention Code does exist and the alleged violator has committed the violation.
After considering the gravity of the violation, any actions taken by the violator to correct the
violation, and any previous violations committed by the violator, further moved that the violator
be given until November 1, 1994 to correct the violation and that a fine of $100.00 be imposed
for each day the violation continues past that date, seconded by Mrs. Strong. Motion CARRIED
6-1. Mr. Lange voted No.
DISCUSSION ITEMS:
None at this time.
CODE ENFORCEMENT COMMENTS:
None at this time.
ADJOURNMENT:
There being no further business to come before the Board, a motion was made and accepted to
adjourn. The meeting adjourned at 7:45 p.m.
Minutes respectfully submitted by:
Elizabeth 1. McBride, Recording Secretary
Citizen Code Enforcement Board