03-20-1997
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
March 20,1997
COMMUNITY CENTER
5:30 P.M
CALL TO ORDER:
Chairman Anthony Fowler called to order the regular meeting of the Citizen Code Enforcement
Board at 5:32 p.m., Thursday, March 20, 1997.
ROLL CALL:
Members present were Chairman Anthony Fowler, George Cowan, Frank Roberts, Maureen Bomer,
Joan Strong, Dennis Vincenzi, and Donald Schmidt. Also present were Beverly Kinney-Johnson,
Code Enforcement Officer; Krista A. Storey, City Attorney; Mark P. Karet, Director of Community
Development; and Liz McBride, Board Coordinator.
APPROVAL OF MINUTES:
Mrs. Borner moved to accept the minutes ofF ebruary 20, 1997, seconded by Mr. Roberts. Motion
CARRIED 7-0.
SWEARING IN OF WITNESSES:
Chairman Fowler 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
was sworn in at this time. Thad and Kathy Sizemore, 23 Ranken Drive, Edgewater, Florida, were
sworn in at the start of case number 96-CE-0235 A&B.
CASES IN COMPLIANCE/CONTINUED/WITHDRA WN:
· 96-CE-0825V, William & Josephine Dyer, in compliance
· 97 -CE-0073, Christopher Robbins, in compliance
· 97-CE-0083, Edward Pilch, in compliance
· 97-CE-0093, A Storage King, Inc., in compliance
· 97-CE-0125, Jacklin Spanswick, in compliance
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Citizen Code Enforcement Board
Minutes - March 20, 1997
Page -2-
UNFINISHED BUSINESS:
1. Case #96-CE-0235 A&B - Thad Sizemore, Jr. & Ranken Drive Homeowner's
Association c/o Ward T. Berg. Mr. Sizemore requesting fine reduction. Code Enforcement Officer
Beverly Kinney-Johnson referred to a memorandum dated March 13, 1997, from Kyle Fegley, City
Engineer, which the Board had before them. She summarized that Mr. Fegley said even though the
berms did not meet the height requirements of the permit, everyone involved was satisfied with the
final condition of the berms. Ms. Johnson said the accrued fine amount totaled $11,250, but the
actual cost to the City was $1,295.30. She said the costs incurred included the Department of
Community Development, Engineering, and the City Attorney's office. Ms. Johnson recommended
the reduction to $1,295.30.
Thad Sizemore, Jr., 223 Ranken Drive, Edgewater, Florida, after being sworn in, summarized his
position on this case. Mr. Sizemore felt he had tried to comply, and said from the beginning, there
was controversy as to Mr. Fegley and his interpretation of the berms height. He said the latest
modifications were in conjunction with a Department of Environmental Protection (DEP) action
concerning some alleged hazardous material. Mr. Sizemore asked the Board to consider his costs
in this matter. He continued to summarize, from the removal of the asphalt to the berms current
condition. Mr. Sizemore felt the complainants prevailed at his expense, and that his out-of-pocket
expenses exceeded the City's costs. He requested the Board keep this in mind before making their
decision.
Mr. Roberts asked Mr. Sizemore if he was in agreement with the outcome of this case. Mr. Sizemore
said no, because he believed he was forced into the position he was currently in. He said the
elevations that were mandated were arbitrary.
Chairman Fowler recapped previous Board hearings on this case. He concluded that the purpose of
the current hearing was to vote on whether Mr. Sizemore was in compliance and to possibly grant
a reduction offine. Discussion continued on past events, and the Board continued to question Mr.
Sizemore. When the fines began was asked. It was determined that on July 18, 1996, the Board
imposed a $250 a day fme beginning August 5, 1996, and at the September 19, 1996 meeting, the
Board deferred the continuance of fines. Mr. Sizemore stated he made a effort to comply prior to
the date the fines began. He said he had spent well in excess of $2,000.
Kathy Sizemore, 223 Ranken Drive, Edgewater, Florida, after being sworn in, also summarized
previous events leading up to the berms final condition. She then expressed her feelings about the
complainant, Mr. Wilson, who was to purchase property in Edgewater Landing. Krista A. Storey,
City Attorney, intetjected that Mr. Wilson is no longer attempting to purchase the property.
Further discussion continued on the fine amount and the recommended reduction. Mr. Roberts asked
about the fine for the Ranken Homeowner's Association. Mr. Sizemore said he wrote to the
Association and informed them that if any fines were levied, he would pay them.
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Citizen Code Enforcement Board
Minutes - March 20, 1997
Page -3-
Ms. Storey reiterated that the first issue Mr. Sizemore raised was whether or not the violation was
appropriately determined and if it was actually a violation, and then the issue of the accrued fine.
Mark P. Karet, Director of Community Development, stated he didn't think there was any question
that there was a violation, but whether Mr. Sizemore came into compliance and when he did so. He
said if the Board believed the current height of the berms was in compliance, then essentially, he was
in compliance July 24, 1996.
Mr. Roberts, after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 96-CE-0235 (A) & (B) that the fine for Thad Sizemore, Jr. shall be
reduced to zero and the fine for Ranken Drive Homeowner's Association be reduced to zero,
seconded by Mrs. Strong. Motion CARRIED 7-0.
Satisfaction of Lien:
Case #94-CE-0122 & 96-CE-0455 - Halifax Court Condo. Krista A. Storey, City Attorney,
requested the Board acknowledge receipt of a fine amount of $819.00 and authorize the Chairman
to execute the Satisfaction of Liens.
Mr. Schmidt move that the Board authorize the Satisfaction of Liens on both cases, seconded by Mrs.
Strong.
NEW BUSINESS: None at this time.
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 6: 12 p.m.
Minutes respectfully submitted by:
Elizabeth 1. McBride, Board Coordinator
Citizen Code Enforcement Board
c:lceblminutes\03 2097 .reg