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08-17-2000 '-' ...., CITY OF EDGEW A TER CITIZEN CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 17,2000 5:30P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Chairman Fowler called the Regular Meeting to order at 5:33 p.m. in the Community Center. ROLL CALL Members present were Chairman Tony Fowler, Vice Chairman Linda Johnson, Ben DelNigro, George Ann Keller, Susan Hammond and Bobbie McGuire. Also present were Attorney Sidney Nowell, Lieutenant Bill Britain, Code Enforcement Officer Mike McGrath, and Board Coordinator Vicki Gray. APPROVAL OF MINUTES Regular Meeting: of July 17,2000 Ms. Keller made a motion to approve the July 17,2000 minutes, second by Ms. Hammond. The motion CARRIED 4-0. Ms. Johnson and Mr. DelNigro did not vote as they were not at the July 17,2000 Board Meeting. SWEARING IN OF WITNESSES Lt. Britain swore in Mrs. Stephens of3214 Silver Palm Drive, Edgewater, FL, Mrs. Wescott of 840 Dorothy Street, NSB, FL, and Code Enforcement Officer Michael McGrath. CASES IN COMPLIANCE There were no cases to be listed in compliance. NEW BUSINESSIPUBLIC HEARINGS Chairman Fowler stated the Board has two requests for appeal of property maintenance ordinance 99-0-14 amended Ordinance 99-0-19. First case being case # 2000-CE-0 146, Ms. Stephens. Chairman Fowler asked City Attorney, Mr. Nowell, if it is correct that this is an appeal not an actual case that is a violation at this time and that Ms. Stephens has the floor first? Attorney Nowell stated that is correct. Mrs. Stephens stated she was sent a notice of not in compliance. When the letter was first sent out, there was a lot of confusion. It first stated that it had to be level. Now they are raising it to thirty-six inches. She has been clearing the lot herself because she can't afford it. When she first received the notice, they thought it had to be taken down to ground level. Mrs. Stephens didn't know it only had to be thirty-six inches or she could have been done. ..... ...." Mrs. Stephens has three quarters of it done and needs an extension to finish it. She does not think it was fair to have them start before it (the ordinance) was actually voted into law. The time should have started from when all the rules were set. Chairman Fowler asked Mrs. Stephens how much time she needed. Mrs. Stephens stated she needed another forty-five days. Lt. Britain stated that this was brought up t9 Mrs. Stephens at the last city council meeting. The Code Enforcement Division has had several property owners that have asked for extensions. All Mrs. Stephens needs to do is request an extension in writing and she will get her forty-five day extension. Code Enforcement Officer Michael McGrath advised Mrs. Stephens that she needed to revoke her appeal and request an extension. Lt. Britain explained that once an appeal has been requested, the officer handling the case is no longer allowed contact with the party requesting the appeal. Mrs. Stephens stated she would write the letter requesting the extension. Chairman Fowler addressed case #2000-CE-OI34, Delbert & Robert Westcott of Unity Tree Drive. Mrs. Wescott has Power of Attorney for her sons as they are in the Armed Services. Mrs. Wescott objected because she does not feel that twenty feet will do any good in preventing fires. When the wind blows it will move the fire. She will need at least six months to clear the lot as she has no money due to a fixed income. Chairman Fowler asked if Mrs. Wescott's opinion is that twenty feet is ridiculous. Mrs. Wescott stated yes she does. Chairman Fowler asks ifher opinion is that the Forestry Service is ridiculous in cutting fire brakes during the fire with bulldozers. Mrs. Westcott stated that what "the City" is asking is for property owners to destroy their property, at their own costs' and regardless of fires or not, that twenty feet will not prevent fire spreading when the wind blows. She is sure the Fire Department is equipped to handle the fire. The fires two years ago jumped 1-95 and that is much wider than twenty feet. Mrs. Wescott stated that fire is part of mother nature and we as people can not do anything about it. She does not see what good the twenty feet will do. Chairman Fowler stated Mrs. Wescott's argument is well taken, however his opinion differs. This is not the case at this time. Chairman Fowler asked Lt. Britain if there is a violation for this Board at this time. Lt. Britain stated that the first letter sent out directed them, if they wished, to file an appeal that they could request that and come in front of the board. Mrs. Wescott's property was designated in violation. They used the criteria established by Chief Barlow that was explained to the Board at the last meeting. Their lots do violate the ordinance under the criteria that was set up in the statutes. Chairman Fowler understands that part but as of tonight it is not a violation brought before this board. Lt. Britain stated it is her appeal, her request to come in front of this board. Chairman Fowler asked Attorney Nowell what authority at this point does the Board have when this has really never been addressed to this Board at this time. Attorney Nowell asked Lt. Britain if Mrs. Wescott received a Notice of Violation. Lt. Britain advised the letter was sent out prior to his involvement with Code Enforcement. Chairman Fowler asked if a Notice to Appear before the Board, as far as code violations and to end up with fines that would be applicable to this case, this case is not before the Board. This is her appeal as to the original letter that was sent out by the Code Enforcement Officer, correct? Lt. Britain stated that was correct. Chairman Fowler stated that we have two basically the same situations. Lt. Britain stated yes Sir. Chairman Fowler asked if one has been told all she needs to do is ask your (Code Enforcement) office for an extension. Attorney Nowell stated she is using the word 'appeal' and that is misleading. She is responding to a letter that is not in dispute at this point. Chairman Fowler understands that until she is brought before the Board and found in violation by the Board, she has nothing to appeal. Chairman Fowler addressed Mrs. Wescott and advised her that .... ...,; she should do as Mrs. Stephens and ask for an extension. If she is unable to do it, then she will be brought before the Board with the possibility of fines. It appears Mrs. Wescott is appealing an ordinance that was passed by City Council and we (the Board) are not City Council. Attorney Nowell advised that for an extension oftime, a request needs to be made to the Code Enforcement Office. She may appeal once she is formally charged by the Code Enforcement Board. Mrs. Wescott stated she will need six months to clear the lot. Lt. Britain stated they are only allowing an extra forty-five day exten~ion. Code Enforcement only enforces the laws, not make the laws. UNFINISHED BUSINESS Chairman Fowler stated that under unfinished business that the appointment of Linda Johnson and George Ann Keller is up to the City Council. Chairman Fowler requested Mrs. Bearsley step to the podium so the Board may ask her questions. Vice Chairman Johnson asked Mrs. Bearsley if she understands the purpose of the Board. The Board is not to go out and seek violators, The Board is only here to enforce the ordinances. Do you own a business here in Edgewater? Mrs. Bearsley stated she has owned Carters Family Rental for the past two years and has lived in Edgewater for fourteen years. Mrs. Keller asked if with owning a business there would be a problem sometimes attending a meeting. Mrs. Bearsley stated she can absolutely guarantee that as her business closes at 5:00 p.m. and the meetings are scheduled at 5:30 p.m. that there would be no problem. Mrs. Hammond inquired if Mrs. Bearsley is a member of any other organizations. Mrs. Bearsley stated she is a member ofSt. Peter's Church in New Smyrna and has been for a number of years. She was part of the band boosters but no longer has a child in the band. She is active in the PT A but does not hold an office. Mr. McGuire stated Mrs. Bearsley had applied to other boards. Is she sure she wants this Board? Mrs. Bearsley said the application requested they rate their desire in order for each board. She rated them by which she felt she would have a greater understanding. When she received the letter for interview she looked into what this board handled. She gained a better understanding and would like to try. Chairman Fowler asked Mrs. Bearsley's opinion of the two cases heard tonight. Mrs. Bearsley asked if Chairman Fowler is asking her what they should do or what occurred. Chairman Fowler stated he is asking her opinion of Mrs. Stephen's and Mrs. Wescott's requests. Mrs. Bearsley said it sounds like the letter sent to them was unclear and they both seemed to do what the letter told them to do. Obviously, the letter was misleading or they were not reading it correctly. It seems they are not in violation yet and they have other avenues. Chairman Fowler asked if there are any more questions. No one has any. Mrs. Bearsley is thanked and Mr. Anderson is requested forward. Chairman Fowler addressed Mr. Anderson and asked him the same question of his opinion. Mr. Anderson asks of anything particular. Chairman Fowler stated that he is speaking of the two cases heard tonight. Mr. Anderson feels that forty-five days is plenty of time and that six months is excessive. The law was written for a reason and everyone should be treated the same way. '-" ...., Mr. McGuire askd if Mr. Anderson owns any other property. Mr. Anderson said they have two business lots on U.S. I outside the city. Mr. McGuire asked ifMr. Anderson is retired. Mr. Anderson stated absolutely. Ms. Johnson asked Mr. Anderson if he understands that this board is quazi-judicial? Mr. Anderson replied yes. Ms. Johnson asked if Mr. Anderson knew the decisions the Board makes can be appealed to the circuit court? Mr. Anderson replied yes. Ms. Johnson asked if Mr. Anderson would be intimidated by that kin<;J of responsibility? Mr. Anderson stated no. Mrs. Hammond knows that Mr. Anderson is on a few other boards, one being the property for the town hall. Mr. Anderson stated, no, he is not on that. Mrs. Hammond then asked if he worked in civics. Mr. Anderson stated yes but only Ad Hoc. Mrs. Hammond asked if this would be in conflict with the Code Board. Mr. Anderson stated he does not see this. Mrs. Keller had no questions as she has heard Mr. Anderson at City Council meetings as she attends regular council meetings. Mrs. Keller says that she knows from hearing you (Mr. Anderson) talk that you are concerned and very interested in the city and you seem to have enough time even though you are on another committee and it wouldn't interfere with our meeting which is only once a month. You do seem to have a feeling what this new ordinance is about and we may be spending quite a bit of time on this ordinance. Other people will be coming before us with questions about it. Having heard you speak you can balance things out and if you don't understand you ask more questions until you feel as though you come to a decision about something. Mr. Anderson agreed. Mr. DelNigro had no questions. Attorney Nowell asked the permission of the Board, to ask some questions. Attorney Nowell stated that what we are concerned with would be areas of conflict and asked Mr. Anderson what area the Ad Hoc Committee is working with. Mr. Anderson stated they are trying to have an agreement. Three of us on the board don't have any boats or trailers of any kind and fifteen of course do. The purpose of the committee isjust how we should be addressing these problems through out the city concerning recreation vehicles amongst other things that are really not conducive to a nice looking city. As a gentleman said at a meeting it would be so nice to drive down the street and not see boats and so forth in the driveway. Attorney Nowell pointed out that no matter how that turns out that this board will be the one enforcing it. Chairman Fowler asked if there were any other questions. No one had any. Mr. Anderson is thanked. Chairman Fowler asked Attorney Nowell if this is a conflict. Attorney Nowell stated that as the council, his recommendation would be that he would have to choose. He would have to be on this board or the Ad Hoc Committee because the appearance of a conflict is there. Chairman Fowler asked for discussion. Mrs. Keller asked if we are going to vote tonight. Attorney Nowell stated that Mr. Anderson should be asked if chosen for a seat, would he be willing to leave the Ad Hoc Committee. Mr. Anderson asked how long people serve. Three years. Mr. Anderson stateed as he can't have both, that he would chose to be on this board. Chairman Fowler called for motions for recommendation to the City Council. Ms. Johnson made a motion that they table the issue to see if there are further applications that they can interview. Mr. McGuire seconded the motion. The motion failed 4 -2. ..... ....., The Chairman passed the gavel to the Vice-Chairman. Chairman Fowler made a motion to recommend Mr. Anderson to be appointed to the Citizens Code Enforcement Board pending his resigning from the Ad Hoc Committee. Mrs. Keller seconded the motion. The motion CARRIED 6 - O. Chairman Fowler clarified with Mr. Anderson that this board is only recommending his appointment to this board to the City Council. If the City Council should appoint him to this Board, at that time, he should have no further business with the Ad Hoc Committee. Mr. Anderson understood. C~airman Fowler thanked Mrs. Bearsley for coming and advised her she is not out of the running yet. LIEN REDUCTION REQUESTS There were no lien reduction requests at this time. DISCUSSION ITEMS Mrs. Keller asked if the wording of the letter being sent out with the appeals thing could be changed to make it less confusing. Attorney Nowell stated he was going to ask permission to speak with Lt. Britain and Officer McGrath about changing the letter. Mrs. Keller brought up the form letter of Notice of Violation and asked if the wording was changed. Lt. Britain stated that the wording was put back in. The Notice of Violation is exactly as it was minus the spelling errors. Mrs. Keller requested an updated phone list and a copy of the signed Bylaws. Mr. McGuire requested the wording be changed so we would not have what we had today. No one should come to us until they are actually cited. Mrs. Hammond mentioned the Seagull case that they are working on it and things are improving. Mrs. Keller stated she has requested the new code book. Lt. Britain said he would check on it tomorrow. CODE ENFORCEMENT COMMENTS There were no code enforcement comments at this time. PUBLIC COMMENTS There were no public comments at this time. ADJOURNMENT There being no further business to discuss, Chairman Fowler adjourned the meeting. The meeting adjourned at 6:37 p.m. Minutes respectfully submitted by: Vicki Gray