11-17-1994
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THE CITY OF EDGEWATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
THURSDAY, NOVEMBER 17,1994
COMMUNITY CENTER
7:00 P.M.
CALL TO ORDER:
Chairman Don Schmidt called to order the regular meeting of the Citizen Code Enforcement
Board at 7:00 p.m., Thursday, November 17, 1994.
ROLL CALL:
Members present were Chairman Schmidt, Mr. Cowan, Mr. Roberts, Mrs. Bomer and Mrs.
Strong. Mr. Lange arrived at 7:03 p.m., after the approval of the minutes. Mrs. Planson was
recorded absent. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Mark
P. Karet, Director of Community Development; Krista A. Storey, City Attorney, Paulette Tubbs,
Records Supervisor/Public Information Officer with the Edgewater Police Department and Liz
McBride, Recording Secretary.
APPROVAL OF MINUTES:
Mrs. Strong motioned to accept the minutes of October 20, 1994. Seconded by Mrs. Bomer.
Motion CARRIED 5-0.
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;
Ms. Tubbs; Greg Moore, 2934 Tamarind Drive, Edgewater, Florida, representing Perry Barrett;
and William Kane, 103 Sea Street, New Smyrna Beach, Florida, representing G. D. McGuinn's
were sworn in at this time.
CASES IN COMPLIANCEIWITHDRAWN:
Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance,
withdrawn or continued:
. 94-CE-0245, Dominick & Cindy S. Caputo, In Compliance
. 94-CE-0248, Penny Houstoun, Continued
. 94-CE-0264, William H. Shadle, In Compliance
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Citizen ~e Enforcement Board
Minutes -November 17 , 1994
Page -2-
UNFINISHED BUSINESS:
None at this time.
NEW BUSINESS:
Case #94-CE-0244 - Perry Barrett/Old Tyme General Store of Edgewater, Inc. Failure to
connect to City sewer system, Section 19-31. Code Enforcement Officer Beverly Kinney-Johnson
reported she was notified of the violation by the Utilities Department and it was to be corrected
October 17, 1994. Mrs. Johnson stated she received a letter from Mr. Barrett claiming the City
still needed to locate a sewer lateral abutting Hibiscus Drive. Mrs. Johnson referred to a
memorandum from Utilities Director Terry Wadsworth which stated one lateral was provided
from India Palm and at no time did the Utilities Department give Mr. Barrett the impression that
multiple laterals were available. Mrs. Johnson informed the Board that Mr. Barrett was notified
on October 12, 1994 that Code Enforcement action would continue. As of close of business
November 17, 1994, Mrs. Johnson found that no corrective action had taken place and
recommended that the Violator be given until December 15, 1994 to correct the violation or a
fine of one hundred dollars ($100.00) per day be imposed
Greg Moore, 2934 Tamarind Drive, Edgewater, Florida, representing Perry Barrett, presented to
the Board copies of a letter from Mr. Barrett, an application for sewer installation and a receipt
for payment of sewer connection and permits. Mr. Moore stated hookup to the sewer system
would be completed within thirty (30) days, weather permitting.
Mrs. Bomer, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-0244 that a violation of Section 19-31 of the Edgewater Code
of Ordinances 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
December 15, 1994 to correct the violation and that no fine be imposed. Mrs. Bomer amended
her motion to fine the violator $50.00 for each day the violation continues past that date.
Seconded by Mr. Cowan. Motion CARRIED 6-0.
Case #94-CE-0247 - James A. Rives. Failure to connect to City sewer system, Section 19-31.
Code Enforcement Officer Beverly Kinney-Johnson reported she was notified of the violation by
the Utilities Department and it was to be corrected October 17, 1994. Mrs. Johnson stated an
extension until July 11, 1994 was previously granted by the Utilities Department. Mrs. Johnson
said that when she spoke to Mr. Rives on November 14, 1994, he informed her he just learned
of the hearing notice that day from his tenant. Mr. Rives also informed Mrs. Johnson that he had
contacted a Kevin Hall to make the required sewer connection. As of close of business
November 16, 1994, Mrs. Johnson found that no corrective action had taken place and
recommended that the Violator be given until December 15, 1994 to correct the violation or a
fine of one hundred dollars ($100.00) per day be imposed.
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Citizen ~e Enforcement Board
Minutes -November 17 , 1994
Page -3-
New Business Con't:
Mr. Lange, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-0247 that a violation of Section 19-31 of the Edgewater Code
of Ordinances 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
December 14, 1994 to correct the violation and that a fine of $50.00 be imposed for each day
the violation continues past that date. Seconded by Mrs. Strong. Motion CARRIED 6-0.
Case #94-CE-0251 - David A. Saltsman. Failure to connect to City sewer system, Section 19-
31. Code Enforcement Officer Beverly Kinney-Johnson reported she was notified of the violation
by the Utilities Department and it was to be corrected October 17, 1994. Mrs. Johnson stated
there had been no contact with Mr. Saltsman during the course of this case. As of close of
business November 16, 1994, Mrs. Johnson found that no corrective action had taken place and
recommended that the Violator be given until December 15, 1994 to correct the violation or a
fine of one hundred dollars ($100.00) per day be imposed.
Mrs. Strong, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-0251 that a violation of Section 19-31 of the Edgewater Code
of Ordinances 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
December 15, 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 Mr. Cowan. Motion CARRIED 6-0.
Case #94-CE-0254 - William F. Kirkwood. Failure to connect to City sewer system, Section
19-31. Code Enforcement Officer Beverly Kinney-Johnson reported she was notified of the
violation by the Utilities Department and it was to be corrected October 17, 1994. Mrs. Johnson
stated there had been no contact with Mr. Kirkwood during the course of this case. As of close
of business November 16, 1994, Mrs. Johnson found that no corrective action had taken place
and recommended that the Violator be given until December 15, 1994 to correct the violation or
a fine of one hundred dollars ($100.00) per day be imposed.
Mr. Roberts, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 94-CE-0254 that a violation of Section 19-31 of the Edgewater Code
of Ordinances 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
December 15, 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. Bomer. Motion CARRIED 6-0.
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Citizen eWe Enforcement Board
Minutes -November 17 , 1994
Page -4-
New Business Con't:
Case #94-CE-0286 - G. D. McGuinn's. Excessive false alarms declared a public nuisance.
Section 12-66(a)&(b). This being the first case of this nature to come before the Board, Krista
A. Storey, City Attorney, gave some background information, referenced the Ordinance, and
explained the Board's role.
Records Supervisor/Public Information 9fficer Paulette Tubbs reported that on June 9, June 10,
July 4, and September 10, 1994 the Police Department responded to false alarms at this
establishment. Ms. Tubbs stated the reports did not list any violent weather conditions or
extraordinary circumstances existed on the days in question, and recommended that the Board
uphold the false alarm determination of the Police Department.
William Kane, 103 Sea Street, New Smyrna Beach, Florida, principal of G. D. McGuinn's, stated
he is also a principal of S.O.S. Industries, a national alarm monitoring company in New Smyrna
Beach. Mr. Kane stated that since there was common ownership between the restaurant and the
alarm company, the very finest equipment was installed at McGuinn's. He said he did not come
before the Board to argue the fine or the ordinances its self, but wanted to give the side of the
property owner and the side of the monitoring center. Mr. Kane went on to discuss the layout
of McGuinn's and how the alarm system was setup. Mr. Kane alleged two of the false alarms
were potential break-ins and two may have been caused by employees. Mr. Kane said he had
a problem with the "definition" of a false alarm, felt these were not false alarms by his definition,
and felt there was an ordinance problem.
Discussion followed as to who might have triggered each false alarm.
Ms. Tubbs stated that the responding officer leaves a copy of the false alarm report at the
business or residence. Ms. Storey pointed out if a property owner had a problem with the alarm
or the report indicated a discrepancy, the Police Department should have been contacted.
Mr. Lange, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case #94-CE-0286 that the false alarm determination for these particular four as a
total be overturned because two out of the four were the result of what the alarm system was
supposed to be doing, not subject to control by the alarm user, however, by date, June 9, 1994
would be considered a false alarm, June 10th not a false alarm, July 4th is a false alarm and
September 10th is not a false alarm. Seconded by Mrs. Borner. Motion FAILED 4-2. Mr.
Cowan, Mr. Roberts, Chairman Schmidt and Mrs. Strong voted no.
Mr. Roberts, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case #94-CE-0286 that the false alarm determination be upheld because the alarm
was activated through mechanical failure, malfunction, improper installation, or other negligence
of the alarm user. Seconded by Mrs. Strong. Motion CARRIED 4-2. Mr. Lange and Chairman
Schmidt voted no.
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Citizen ~e Enforcement Board
Minutes -November 17 , 1994
Page -5-
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 8:20 p.m.
Minutes respectfully submitted by:
Elizabeth J. McBride, Recording Secretary
Citizen Code Enforcement Board