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11-16-1995 - , , '),~->C,,'y'F', \ \ '-" ....." CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES Thursday, November 16,1995 Community Center 5:30 P.M. CALL TO ORDER: Chairman Donald Schmidt called to order the regular meeting of the Citizen Code Enforcement Board at 5:30 p.m" Thursday, November 16, 1995. ROLL CALL: Members present were Chairman Donald Schmidt, George Cowan, Frank Roberts, Maureen Bomer, Joan Strong, and Tony Fowler. Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Krista A. Storey, City Attorney; Mark P. Karet, Director of Community Development; Glenn Storch, Attorney representing Radnor/Edgewater, Inc.; and Liz McBride, Board Coordinator. Debbie Planson was recorded absent. APPROVAL OF MINUTES: Mr. Roberts moved to accept the minutes of October 19, 1995, seconded by Mrs. Bomer. Motion CARRIED 6-0. 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; Richard Martinez, 317 Schooner Avenue, Edgewater, FL; Francisco Gonzalez, 202 Schooner Avenue, Edgewater, FL; Dominick Capria, 606 Topside Circle, Edgewater, FL; Mark Dowst, 205 John Anderson Drive, Ormond Beach, FL; Edward Cirasuolo, 809 Fernald Street, Edgewater, FL; and Marty Berge, 13 8 Hibiscus Road, Edgewater, FL, were sworn in at this time. CASES IN COMPLIANCE/CONTINUEDIWITHDRA WN: None at this time. UNFINISHED BUSINESS: 93-CE-0589 - Radnor/Edgewater, Inc. Glenn Storch, Storch, Hansen & Morris, P.A., representing the case, requesting abatement of violation Section 9.5-57(8)c, and removal of accrued fine of$12, 100. Mr. Storch stated he had been involved with Edgewater Landing since its inception. He gave a synopsis of what transpired from the Board's findings in September 1994, to the memo of compliance from Kyle Fegley, City Engineer, dated November 16, 1995. Mr. Storch said nearly $20,000 was spent on trying to solve the problem with the storm water retention area just north of the subdivision entranceway. He said they had been in compliance since day one, but had worked toward resolving the issue. He also mentioned the abnormal amount of rainfall experienced for this period. '-" ,.." Citizen Code Enforcement Board Minutes - November 16, 1995 Page -2- Mark Dowst, professional engineer, Mark Dowst and Associates, 205 John Anderson Drive, Ormond Beach, Florida, stated he also had been involved with the subdivision since its inception. He stated his company did the original design, followed all applicable rules and regulations, received all required permits, and that the design was functioning well. Mr. Dowst said when the problem of pollution abatement volume was brought to their attention, they met with Mark Karet, Director of Community Development and City engineer Kyle Fegley to discuss the situation. He said Mr. Fegley's suggestions were followed which helped the situation. Mr. Dowst said the City continued to ask for additional improvements to make the drawdown function better, and the use of top minnows to control mosquito breeding. He said according to the City engineer, requirements of the ordinance had been met. Mr. Dowst continued to explained why it had taken so long to solve this problem. Mr. Roberts asked what Mr. Fegley based his recommendations on, and who would be liable if the same problem occurred due to heavy rain. Mr. Dowst answered that Mr. Fegley is a professional engineer and has had the proper training. He said the solutions taken were permanent solutions, not temporary. Discussion followed on the design, and how it is common for the results to be different then planned. Mr. Roberts still questioned why only one engineer could authorize compliance. Marty Berge, 138 Hibiscus Road, Edgewater, Florida, explained that prior to the Code Enforcement hearing, he had worked with Mr. Fegley to resolve the problem. He described what measures were taken and said the retention area was functioning properly until the heavy rains. Mr. Berge said during this period of heavy rains, all retention areas in the county were not functioning according to standards and felt they were singled out. He reiterated they had spent about $20,000 to correct that one ditch. Mr. Roberts asked Mr. Karet why the City engineer wasn't at the meeting. Mr. Karet answered that he had a personal conflict. Mr. Roberts felt there wasn't enough information, and the City engineer should have been present. Ms. Storey inteIjected that the Board was supplied two memorandums from Mr. Fegley giving his professional evaluation that the violation was in compliance. She also said Mr. Fegley is the only engineer on staff: and he is authorized and responsible for making professional determinations. Mr. Roberts said he would still like to hear Mr. Fegley's response as to what actually transpired. Code Enforcement Officer Beverly Johnson reported that on September 15, 1994, the Board found Radnor/Edgewater, Inc. in violation of Section 9.5-57 (8)c of the Edgewater Code of Ordinances. She said the Board's order set a compliance date of October 15, 1994, and a fine of$50.00 per day for each day the violation continued past that date, and that the City engineer was to determine compliance of the ordinance. Ms. Johnson inspected the pond on October 26, 1995, and related the water level was approximately five to six inches deep, and that the last rain date had been October 21, 1995. Photographs were presented to the Board for review. Ms. Johnson said her office received a memorandum dated November 9, 1995, from Mr. Fegley stating compliance was reached on or around June 15, 1995 and that a fine of$12,100 accrued. After reinspection of the location by Ms. Johnson and Mr. Fegley on November 16, 1995, she stated the water level appeared to be only two to three inches. Ms. Johnson concluded by recommending the Violators be found in compliance and the fine reduced to cover costs incurred by the City totaling $1,598. ~ ,.., Citizen Code Enforcement Board Minutes - November 16,1995 Page -3- Discussion followed on the types of approaches that might be best for this situation. Mr. Roberts asked if the fine was accruing during this period, and if Edgewater Landing was making an attempt to resolve the problem. Mr. Karet responded, yes the fine was accruing and yes they had been in contact with the City in regard to approaches they would take. Mr. Karet said Edgewater Landing's position from day one was they had complied with the code, but at the City's insistence, they would comply with the demands of the City. Richard Martinez, 317 Schooner Avenue, Edgewater, Florida, chairman of the Edgewater Landing Engineering Transition Committee, distributed and read a letter summarizing the storm water drainage problems and contributing problems. He said they were not looking for fines to be imposed, but for solutions. Ms. Storey cautioned the Board that Radnor/Edgewater, Inc. had been cited under one specific section of the City's code, and other issues that may relate to violations outside the scope of that section should not be heard prior to citations being issued. Francisco Gonzalez, 202 Schooner Avenue, Edgewater, Florida, owner of the property abutting the retention area in question, also passed out information pertaining to the case. He said he is opposed to the abatement of the violation and reduced fine because the developer had not solved the problem. Mr. Gonzalez said he has had this problem since he first moved into his home, and cannot allow his grandchildren to play in the backyard because of rattlesnakes. He felt the developer was trying to solve the problem by trial-and-error. Mr. Gonzalez then discussed his feelings on the situation. Mr. Roberts relayed to the Chairman he wished to make a motion. Chairman Schmidt said the Board may have a few questions before arriving at a motion. Discussion continued in regard to installation of an underdrain pipe, and a drainage pipe leading from US 1. Mr. Roberts moved to table the case until the City engineer is available to attend a meeting, seconded by Mr. Cowan. Motion CARRIED 6-0. The Board was in agreement that this case would be scheduled for the next regular meeting on January 18, 1996. The December meeting was cancelled. Chairman Schmidt called a recess at 6:47 p.m. and resumed the meeting at 6:52 p.m. Case #93-CE-0500 - Helen E. Davis. Krista A. Storey, City Attorney, referred to a memorandum to the Code Enforcement Board dated October 25, 1995, in regard to receiving payment ofa fine of $612.00. Ms. Storey requested the Board acknowledge receipt of the payment and authorize the Chairman to execute the Satisfaction of Lien. Mr. Robert so moved, seconded by Mrs. Strong. Motion CARRIED 6-0. '-' ....", Citizen Code Enforcement Board Minutes - November 16,1995 Page -4- Amending Code Enforcement By-Laws - Ms. Storey felt the By-Laws should include how the Board operations and their procedures and need not repeat things, i.e. number of members or term, which are set by the Florida Statues. The Board discussed a few particular items. Mrs. Bomer moved to accept the By-Laws as presented, seconded by Mrs. Strong. Motion CARRIED 6-0. NEW BUSINESS: Case #95-CE-0333 - Edward J. Cirasuolo. Mr. Cirasuolo appealing violation of grass/weeds over twelve inches on property, Section 10-91. Code Enforcement Officer Beverly Kinney-Johnson reported she first observed the violation on October 13, 1995. She said there was a single family home on the property until it burned down about three years ago. Ms. Johnson stated Mr. Cirasuolo came to the office to question the violation. Mr. Cirasuolo felt since there was not a structure on the property, he should be excused from maintaining the lot. He submitted a letter of appeal on October 27, 1995. Ms. Johnson reported Mr. Cirasuolo was last sent a violation notice for grass and weeds in January 1994, and subsequently cut the lot. Ms. Johnson read Section 10-91 and then presented photographs to the Board for review. She concluded by recommending the Violator be given until December 1, 1995 to correct the violation or a fine of$30.00 per day be imposed. Edward J. Cirasuolo, 809 Fernald Street, Edgewater, Florida, said there had not been a dwelling on the property in almost three years, and felt there was no point in cutting the lot. He said the property is for sale and if it does not sell within six months, he plans to build, therefore the lot would be cleared. After the Board questioned Mr. Cirasuolo, Ms. Storey read the ordinance. Ms. Storey then reminded the Board that this was an appeal of the determination of the Code Enforcement Officer that the lot had been mowed in the past. She cautioned the Board to look at the facts and determine if property had been altered from its natural state. Mr. Cirasuolo stated the back of his property had never been mowed, only the front. Mrs. Bomer, after hearing the testimony presented and the recommendation of staff, moved in reference to Case Number 95-CE-0333 that a violation of Section 10-92 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, 1995 to correct the violation and that a fine of $30.00 be imposed for each day the violation continues past that date, seconded by Mrs. Strong. Motion CARRIED 6-0. Ms. Storey suggested Mr. Cirasuolo contact Ms. Johnson to accompany him to the property so she could determine as to what portion of the property was still in its natural state. ....... ~ Citizen Code Enforcement Board Minutes - November 16,1995 Page -5- DISCUSSION ITEMS: Chairman Schmidt asked Ms. Johnson if Code Enforcement responded to complaints only. Ms. Johnson responded, she had just received a memorandum from the City Manager's office stating the City Council was interested in going back to patrolling for violations also. She said after a three month trial period, it will be determined whether or not it would be beneficial and desirable to continue full time code enforcement. CODE ENFORCEMENT COMMENTS: Have a nice Thanksgiving, Christmas and New Years! ADJOURNMENT: There being no further business to come before the Board, a motion was made and accepted to adjourn. The meeting adjourned at 7:20 p.m. Minutes respectfully submitted by: Elizabeth J. McBride, Board Coordinator Citizen Code Enforcement Board c:\ceb\minutes\111695