02-15-1996
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
Thursday, February 15,1996
Community Center
5:30 P.M.
CALL TO ORDER:
Vice Chairman Maureen Bomer called to order the regular meeting of the Citizen Code Enforcement
Board at 5:40 p.m., Thursday, February 15, 1996.
ROLL CALL:
Members present were Frank Roberts, Vice Chairman Maureen Bomer, Joan Strong, Dennis
Vincenzi, and Tony Fowler. Also present were Beverly Kinney-Johnson, Code Enforcement Officer~
Paulette Tubbs, Records Supervisor/Public Information Officer with the Edgewater Police
Department~ Krista A. Storey, City Attorney~ Mark P. Karet, Director of Community Development~
and Liz McBride, Board Coordinator. Chairman Donald Schmidt and George Cowan were recorded
absent.
APPROVAL OF MINUTES:
Mr. Fowler moved to accept the minutes ofJanuary 18, 1996 as presented, seconded by Mrs. Strong.
Motion CARRIED 5-0.
SWEARING IN OF WITNESSES:
Vice Chairman Bomer 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. Ms. Johnson;
Ms. Tubbs; Richard Martinez, 317 Schooner Avenue, Edgewater, Florida; Steve Camp representing
Atlantic Security & Telephone, on behalf of Quality Laser Craft, 6172 Del Rio Drive, Port Orange,
Florida; Mark Dowst, Mark Dowst & Associates, 428 N. Peninsula, Daytona Beach, Florida; and
Kyle Fegley, City Engineer, were sworn in at this time.
CASES IN COMPLIANCE/CONTINUED/WITHDRA WN:
* 95-CE-0431, William Kirkwood, in compliance
* 95-CE-0432, William Kirkwood, in compliance
UNFINISHED BUSINESS:
Case #93-CE-0589 - Radnor/Edgewater, Inc. Krista A. Storey, City Attorney, reminded the Board
they heard this matter at its November meeting. She said the Board determined at that meeting to
continue the case until the City Engineer could be present to answer questions from the Board. Ms.
Storey suggested Kyle Fegley, City Engineer, do a quick overview of the issue, and then the Board
ask their questions.
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Citizen Code Enforcement Board
Minutes - February 15, 1996
Page -2-
Mr. Fegley said the issue cited was the ability of the retention area to percolate 100 percent of the
pollution abatement volume within a 72 hour time frame. He said the pollution abatement volume,
according to the ordinance, is the first one half inch of rain fall (which can be exceeded during a
normal rain event). Mr. Fegley said he had met several times with representatives of Radnor
Corporation and their engineer, to came up with solutions. He said Radnor chose to install an
underground system, and since the improvements were made, felt the pollution abatement issue, as
cited, had been resolved.
Mr. Roberts asked Mr. Fegley if this piece of property was originally in compliance. Mr. Fegley said
he could not answer; at that time and the City did not have a city engineer, and inspections and
certification reviews were done out-of-house.
Mr. Fowler asked Mr. Fegley if Radnor was totally cooperative and if they did the reconstruction to
satisfY the City in a timely manner. Mr. Fegley answered that they did negotiate and discuss different
solutions, and abatement was done in a time frame such that there were no hazardous conditions.
Mr. Roberts said, at the November meeting there was a question about DOT drainage affecting this
area and asked Mr. Fegley if he could elaborate. Mr. Fegley said DOT had a mitered end section,
which was an end addition of the cross drain that feeds into the detention area. Although Mr.
Fegley's original plans do not show that, he said Mark Dowst explained that this had been addressed
with St. Johns River Water Management District. Discussion followed concerning DOT drainage.
Mr. Fowler asked Mr. Fegley ifRadnorlEdgewater, Inc. was in compliance concerning this case. Mr.
Fegley answered yes, with the violation as cited.
Richard Martinez, 317 Schnooer Avenue, Edgewater, Florida, asked Mr. Fegley when he first spoke
to Mark Dowst about the engineering approach. Mr. Fegley said prior to the underground installation
a plan had to be devised, and as far as he knew, Mr. Dowst was the person who created the design.
Mr. Martinez then distributed two letters and asked for a postponement of this hearing. He said two
state agencies indicated either work had not been completed or the investigations were in progress.
Glenn Storch, attorney for RadnorlEdgewater, Inc., objected to any DOT issue; and to Mr.
Matrinez's referring to any potential violations. He reiterated, the issue here was whether the
violation of pollution abatement amount had been complied with.
After further discussion, Mr. Fowler moved in reference to Case Number 93-CE-0589 on the
recommendation of the City Engineer, that as of approximately June 15, 1995, this case was brought
into compliance. There being a mutual agreement through the coarse of time, and problems in
completing said project in the time allowed prior to fines commencing, Mr. Fowler further moved to
find RadnorlEdgewater, Inc. in compliance at this time and reduce their fine to $1,600 to cover City
expenses, seconded by Mrs. Strong. Motion CARRIED 4-1. Mr. Vincenzi abstained since he had
not heard previous testimony regarding this case.
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Citizen Code Enforcement Board
Minutes - February 15, 1996
Page -3-
NEW BUSINESS:
Case # 96-CE-0036 - Petronella Uyttewaal. Excessive false alarms declared a pubic nuisance.
Section 12-66(a)&(b). Was withdrawn at this time.
Case # 96-CE-0045 - Steve Camp, Atlantic Security & Telephone, on behalf of Quality Laser
Craft. Excessive false alarms declared a public nuisance. Section 12-66(a)&(b). Krista A. Storey,
City Attorney, refreshed the Board on what constitutes a false alarm, and read a section of the
Ordinance pertaining to false alarms.
Paulette Tubbs, Records SupervisorlPublic Information Officer for the Edgewater Police Department,
reported on July 22, 24 and 25, 1995, the Police Department responded to false alarms at 1707
Industrial Road, Unit 2-D. Ms. Tubbs said the alarm reports did not indicate any violent weather
conditions or extraordinary circumstances existed on the days in question, and recommended the
Board uphold the false alarm determination.
Ms. Storey said, subsequent to the three false alarms in July, on August 12, September 28, and
October 16, 1995 there were also responses by the Police Department.
Mrs. Bomer asked the weather conditions on the dates of the false alarms. Ms. Tubbs responded that
the weather was clear on all but July 24, 1995, which the report indicated rainy and thunderstorm
conditions.
Steve Camp, representing Atlantic Security & Telephone (AS&T), on behalf of Quality Laser Craft,
said he didn't think weather was an issue in the false alarms, but believed children were the cause.
He said if you banged hard on the door, it would set the alarm off Mr. Camp said Quality Laser
Craft notified AS&T in January 1996 of the charges, and up until that time there had been no posted
charges. Mr. Camp said the only thing Quality Laser Craft received was a pink slip saying the City
of Edgewater had responded to an alarm, and they were not aware of how many alarms they were
allowed or whether there were any charges. Mr. Camp said ifthere are problems, it is AS&T's policy
to correct them. After much discussion, Mr. Camp repeated the alarms were caused by force on the
door. He said contact was made at the top of the roll-up door, and would have to have been made
with a great deal of pressure to activate the alarm.
Mr. Roberts asked what Mr. Camp's recommendation was in this case. Mr. Camp answered AS&T
was asking to lower the fine amount.
Mr. Vincenzi asked Ms. Tubbs if weather conditions could have caused the false alarm on July 24,
1995. She replied the report indicated "rainy and thunderstorm", and the officer did not list it as a
factor, but is was possible.
Mr. Vincenzi, after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 96-CE-0045 that the false alarm determination be upheld, but the fine be
reduced to $125.00 for two violations, seconded by Mr. Roberts. Motion CARRIED 4-1. Mrs.
Strong voted no.
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Citizen Code Enforcement Board
Minutes - February 15, 1996
Page -4-
DISCUSSION ITEMS:
Mr. Fowler felt the false alarm ordinance needed to be examined in depth and the wording clarified.
Mr. Roberts said he still had a problem understanding the Radnor/Edgewater, Inc. case, and felt he
needed more information. The Board proceeded to discuss the case.
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 6:45 p.m.
Minutes respectfully submitted by:
Elizabeth J. McBride, Board Coordinator
Citizen Code Enforcement Board
c:\ceb\minutes\0215 96 .reg