11-20-1997
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
November 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 5:37 p,m" Thursday, November 20, 1997.
ROLL CALL:
Members present were Chairman Anthony Fowler, Frank Roberts, Joan Strong, and Donald Schmidt.
Also present were Beverly Kinney-Johnson, Code Enforcement Officer; Mark P. Karet, Director of
Community Development; Liz McBride, Board Coordinator; and Thomas D. Wright, attorney, 340
North Causeway, New Smyrna Beach. Maureen Bomer and Dennis Vincenzi were absent.
APPROVAL OF MINUTES:
Mr. Schmidt moved to accept the minutes of August 21, 1997, seconded by Mr, Roberts. Motion
CARRIED 4-0, Mrs. Strong moved to accept the minutes of September 19, 1997, seconded by Mr.
Schmidt. Motion CARRIED 4-0.
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. Ms. Johnson and
Frank Hall, 606 S. Atlantic Avenue, New Smyrna Beach, were sworn in at this time.
CASES IN COMPLIANCE/CONTINUED/WITHDRA WN:
None at this time.
ELECTION OF OFFICER: Vice Chairman
With the Board's consensus, Chairman Fowler asked to hold this item until after hearing Unfinished
Business, The Board agreed,
UNFINISHED BUSINESS:
1. Case # 97-CE-0643 - Thomas D. Wright, attorney, on behalf of Surf Construction &
Development Co. Mr. Wright requesting fine of$1,300 be waived. (Fine due to cinder block, wood
and other items on property, Section 717.03.) Mr. Wright conveyed his understanding that many
times the Board would waive the fines and levy administrative costs. He said his appearance before
the Board was to ask for all fines to be waived since the violations of construction materials and high
weeds were not very serious. Code Enforcement Officer Beverly Kinney-Johnson stated the weeds
violation was not being addressed at this time. Mr. Wright felt there had not been a great deal of
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Citizen Code Enforcement Board
Minutes - November 20,1997
Page -2-
Unfinished Business:
materials on the property, which was a construction site. He stated, from the date of the Notice of
Violation (the end of July) until the compliance date of September 1, 1997, Frank Hall, Surf
Construction & Development Co., was on vacation. He said when Mr. Hall returned on September
2, he was ill. Mr. Wright said Mr. Hall took care of the problem as soon as he was able to. Mr.
Wright again requested the Board waive the fine.
Code Enforcement Officer Beverly Kinney-Johnson referred to her memo dated October 16, 1997,
which was included in the members' packets. Due to the costs incurred by the City, Ms. Johnson
recommended the fine be reduced to $100.
Mr. Roberts moved in reference to Case Number 97-CE-0643 that the fine shall be reduced to $100
for costs incurred by the City, seconded by Mrs. Strong. Motion CARRIED 3-1. Mr. Schmidt voted
no.
2. Case #97-CE-0653 - Thomas D. Wright, attorney, on behalf of Surf Construction &
Development Co. Mr. Wright requesting fine of$1,300 be waived. (Fine due to weeds in excess
of 12 inches on property, Section 10-91.) Mr. Wright felt the administrative costs of $1 00 covering
the previous case should not be doubled since it concerned the same property. He requested the fine
for this case be waived.
Code Enforcement Officer Beverly Kinney-Johnson stated that by ordinance, the notification for high
grass and weeds must be sent by certified mail. She said the two cases were worked separately by
the City Attorney's office, the Board Coordinator, and herself Ms. Johnson recommended the fine
be reduced to $100.
Mrs. Strong, after hearing the testimony presented and the recommendation of staff, moved in
reference to Case Number 97-CE-0653 that the fine shall be reduce to $100for costs incurred by
the City, seconded by Mr. Roberts. Motion FAiLED 2-2. Chairman Fowler and Mr. Schmidt voted
no.
Chainnan Fowler, having passed the gavel to Mr. Schmidt, moved in reference to Case Number 97-
CE-0653 that the fine of$1,300 be waived, seconded by Mr. Roberts. Motion CARRIED 3-1. Mrs.
Strong voted no.
ELECTION OF OFFICER:
1. Vice Chairman
Chairman Fowler asked the Board Coordinator the status of the members' terms, and if any terms
would expire within the next six months. Ms. McBride indicated there was one vacancy to be filled,
and two terms would expire in May of 1998.
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Citizen Code Enforcement Board
Minutes - November 20,1997
Page -3-
Election of Officer:
Chairman Fowler asked if there were any nominations for Vice Chairman. After no response from
the Board, the Chairman asked if this matter should be held until a full Board was present.
Mrs. Strong moved to hold this matter until the Board's regular meeting in January 1998, seconded
by Mr. Schmidt. Motion CARRIED 4-0.
NEW BUSINESS:
1. Applications Review-- Board Member Replacement
Chairman Fowler referred to the applications for appointment forms and asked if there were any
comments or suggestions. Mrs. Strong asked Mark Karet, Director of Community Development, if
non-registered voters should be considered for Board placement, since some religions prohibited
parishioners from voting. Mr. Karet indicated it was the Board's decision who they selected, and
offered suggestions on the selection process.
Chairman Fowler stated one criteria the Council mentioned was to have a cross-representation of the
City on each Board. Current members' and applicants' respective districts were discussed. After
reviewing the applications, the Board selected four applicants for consideration. The Chairman asked
that a letter be sent to the Board members not present informing them of what transpired, and asking
them to notify the Board Coordinator if they had any additional suggestions. Chairman Fowler
proposed requesting the applicants being considered, if still interested in serving on the Board, attend
the next regular Board meeting to see how things are done and ask questions. The members agreed.
DISCUSSION ITEMS:
1. Consider Canceling December Meeting -- due to holiday
Mrs. Strong moved to cancell December's meeting due to the holiday, seconded by Mr. Schmidt.
Motion CARRIED 4-0.
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 6:30 p.m.
Minutes respectfully submitted by:
Elizabeth 1. McBride, Board Coordinator
Citizen Code Enforcement Board
c:\ceb\minutes\112097.reg