01-13-2005
CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, January 13, 2005
2:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Chairperson Linda Johnson called the regular meeting of the Citizen Code
Enforcement Board to order at 2: 10 PM in the Community Center.
ROLL CALL
Members present: Chairperson Linda Johnson, Vice Chairman Ben Delnigro, Ed
Corn, Gene Mirabella and Ben Wagner. Also present were Code Officer Mike
McGrath, Code Supervisor Angela DeSue, Code Board Attorney Glenn Storch,
Chief Tracey Barlow, Chief Planner Darren Lear, and Board Secretary Shontella
Jackson. Jean Kayat entered the meeting in progress at 2:36 pm.
Absent and excused: Glenn Barnhill
APPROVAL OF MINUTES
Minutes for the regular meeting of November 18, 2004 were presented to the
Board for approval. The Board motioned to aDDrove the minutes of
November 18. 2004 Board meetina as written.
SWEARING IN OF WITNESSES:
Code Officer Mike McGrath, Code Supervisor Angela DeSue, Chief Tracey Barlow,
Chief Planner Darren Lear, Attorney Mark Hall of 124 N. Faulkner; New Smyrna
Beach, FI were sworn in for testimony.
NEW BUSINESS:
Case #2004-CE-2021A, 2311 S. Ridgewood Ave., Edgewater, Florida; J. C. &
Rosemary Carder. Violation of Section 21-60.04 - Prohibited signs.
Angela DeSue informed the Board that on October 21, 2004; the Board found
J. C. & Rosemary Carder in violation of Section 21-60.04. Mr. Storch informed
City of Edgewater
Code Enforcement Board Minutes
January 13,2005
Page 1 of 4
the Board of the decision before them and presented the letter received from Mr.
Hall dated January 13, 2004. Mr. Hall was representing Mr. & Mrs. Carder. Mr.
Hall explained the letter presented to the Board. Mr. Hall stated that the City has
made an intriguing offer but is requesting more time for his client. Chief Tracey
Barlow stated that staff has met with Mr. Hall and Mr. Carder on several
occasions and the City of Edgewater recommendation is not to continue this
case. The first notice of violations was issued on March 8, 2004. The
requirements were to either remove the signs or enter into a sign agreement.
Mr. Storch explained to the Board the options at hand and what items needed
consideration. Mr. Hall requested the Board not impose the fine today but
continue until the February meeting. Angela DeSue presented the staff's
recommendation to assess the citation fine of $53.00, and an additional fine of
$100.00 per day for each day the prohibited sign violation exists past January
24, 2005 and for a lien be placed on the property if not satisfied by January 28,
2005. Chairperson Linda Johnson closed the public hearing. The Board had a
brief discussion.
Jean Kayat arrived at 2:36 pm. Chairperson Linda Johnson allowed Ms. Kayat
time to review the material and Mr. Storch gave a brief overview of the case in
progress. Mr. Storch suggested that Ms. Kayat abstain from voting on this case
due to not hearing the evidence presented. The public hearing was re-opened.
Sworn in for testimony was John Cordeiro of 1515 Pine Tree Dr., Edgewater, FL.
Mr. Cordeiro stated that Mr. Carder's sign issue was close to being resolved and
the Board should consider giving them more time.
MOTION bv Ed Corn. SECOND bv Ben Waaner that the Board assess the
citation fine of $53.00: an additional $IQO.OQ De. day fine ~~~~e
Januarv 24. 2005 and lien olaced on the orooertv if not s~t.s i y
Februarv 10, 2005. MOTION CARRIED 4 to 1.
Case #2004-CE-2021B: 2311-2343 S. Ridgewood Ave., Edgewater, Florida: J. e.
& Rosemary Carder. Violation of Section 61.03 - Pole signs.
Angela DeSue informed the Board on the Board's previous action on October 21,
2004 the Code Board found J.e. & Rosemary Carder in violation of Section 21-
61.03 of the City of Edgewater's Land Development Code. Angela DeSue
presented the staff's recommendation to assess the citation fine of $53.00, and
an additional fine of $100.00 per day for each day the prohibited sign violation
exists past January 24, 2005 and for a lien be placed on the property if not
satisfied by January 28, 2005. Mr. Hall requested that the previous motion also
be considered for this case as well.
City of Edgewater
Code Enforcement Board Minutes
January 13, 2005
Page 2 of 4
MOTION bv Ben Waaner, SECOND bv Gene Mirabella that the Board
assess the citation fine of $53.00; an additional $100.00 oer day fine
effective Januarv 24, 2005 and lien olaced on the orooertv if not
satisfied bv Februarv 10, 2005. MOTION CARRIED 6 to O.
Case #2004-CE-2021C; 2311-2343 S. Ridgewood Ave., Edgewater, Florida; J. e.
& Rosemary Carder. Violation of Section 61.04 - Ground signs.
Angela DeSue informed the Board on the Board's previous action on October 21,
2004 the Code Board found J.e. & Rosemary Carder in violation of Section 21-
61.04 of the City of Edgewater's Land Development Code. Angela DeSue
presented the staff's recommendation to assess the citation fine of $53.00, and
an additional fine of $100.00 per day for each day the prohibited sign violation
exists past January 24, 2005 and for a lien be placed on the property if not
satisfied by February 10, 2005. Mr. Hall agreed with the staff recommendation.
MOTION bv Ed Corn, SECOND bv Gene Mirabella that the Board assess
the citation fine of $53.00: an additional $100.00 oer day fine effective
Januarv 24, 2005 and lien olaced on the orooerty if not satisfied by
Februarv 10. 2005. MOTION CARRIED 6 to O.
Case #2004-CE-2043; 1509-1515 S. Ridgewood Ave., Edgewater, Florida; Paul &
Imelda Loeffler. Violation of Section 61.03 - Pole siqns.
Mike McGrath informed the Board of the Board's previous action on October 21,
2004 the Code Board found Paul & Imelda Loeffler in violation of Section 21-
61.03 of the City of Edgewater's Land Development Code. Paul and Imelda
Loeffler were not present. Mike McGrath stated the property was not in
compliance and no sign agremment has been obtained. Mike McGrath presented
the staff's recommendation to assess the citation fine of $53.00, and an
additional fine of $100.00 per day for each day the prohibited sign violation
exists past January 24, 2005 and for a lien be placed on the property if not
satisfied by January 28, 2005.
MOTION bv Ed Corn, SECOND bv Ben Waaner that the Board assess the
citation fine of $53.00 and additional fine of $100.00 oer day for each
day the violation continues to exist oast Januarv 24, 2005 and for a
lien to be olaced on the orooertv if not satisfied bv Januarv 28, 2005.
MOTION CARRIED 6 to O.
OLD BUSINESS:
None.
City of Edgewater
Code Enforcement Board Minutes
January 13, 2005
Page 3 of 4
CODE COMPLIANCE REPORT:
Code Supervisor Angela DeSue stated that Robin Bell would be presenting case
in front of the Board soon.
PUBLIC COMMENTS:
Rev. Raymond Vath of 2703 Kumquat Dr., Edgewater, FL complained about his
neighbor at 2630 Kumquat Dr. Code Supervisor Angela DeSue stated that she
would contact Mr. Vath regarding this matter.
ADJOURNMENT
ChairDerson Johnson adjourned the meeting at 3:04 Dm.
Next Meeting scheduled for March 10, 2005 at 2 p.m.
Minutes respectfully submitted by,
Shontella Jackson, Board Coordinator
City of Edgewater
Code Enforcement Board Minutes
January 13,2005
Page 4 of 4