10-13-2005 CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
Thursday, October 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: Linda Johnson, Ben Delnigro, Gene Mirabella, Ed Corn and
Ben Wagner. Also present were Community Service Code Officer Robin Bell,
Community Service Supervisor Angela DeSue, Fire Chief Tracey Barlow, Attorney
Glenn Storch and Board Secretary Shontella Jackson.
Guest present were: Calvin Ayers and Robin Matusick.
Absent were: Glenn Barnhill (excused per phone call on 10/10/05) and Jean
Kayat.
APPROVAL OF MINUTES
The Minutes for the regular meeting of September 8, 2005 were presented to the
Board for approval. The Board unanimously voted to approve the
minutes of Regular Citizen Code Enforcement Board on September 8,
005 as written. MOTION CARRIED 5-0.
SWEARING IN OF WITNESSES:
Code Officer Robin Bell, Fire Chief Tracey Barlow, Calvin Ayers Stormwater
Supervisor, Tom Townsley of 107 Rio Del Mar Dr., New Smyrna Beach, FL; Gary
Warnock of 2324 Needle Palm Dr., Edgewater, FL; Bernard Baran of 748 Sandy
Hill Cir., Port Orange, FL; Doreen Coyle of 3325 Silver Palm Dr., Edgewater, FL;
and Karen Green of 3326 Tamarind Dr., Edgewater, FL were sworn in for
testimony. Also sworn in was James Fannelli Jr. of 3325 Silver Palm Dr.,
Edgewater, FL.
City of Edgewater
Code Enforcement Board Minutes
October 13,2005
Page 1 of 1
NEW BUSINESS:
Case #2005-CE-7042, 3327 Silver Palm Dr., Edgewater, Florida; James Jay
Pollock. Violation of Section 21-35.04 — Neglected premises.
Fire Chief Tracey Barlow presented the case summary to the Board. Current
photographs were provided for the Board's review. Fire Chief Tracey Barlow
presented staff's recommendation to find James Jay Pollock in violation of
Section 21-35.04 of the City of Edgewater's Land Development Code and access
a citation fine of $53.00 and an additional fine of $50.00 per day foe each day
the neglected premises violation exists past October 17, 2005. Also for a lien to
be placed on the property if not satisfied by October 17, 2005. Staff also
recommends that the Board issue a Board Order requesting the City Manager
approve the correction of the violation by City Staff if the violation is not
corrected by October 17, 2005 and for a lien to be placed on the property. Mr.
James Pollock was not present but Mr. Tom Townsley was present in his behalf.
Doreen Coyle testified that she lives next to the property and provided a signed
petition from neighbors. Entered into the case as Exhibit A. Ms. Coyle stated
that the property has engine parts in front of the garage, tree limbs, a boat and
garage strewed along the yard.
Mr. Townsley testified that James Pollock is his stepson. Mr. Townsley stated
that Mr. Pollock is in college and working in Jacksonville, FL. Mr. Townsley
stated that they have been having problems with the tenant for approximately a
year. Mr. Townsley stated that they went to the courthouse to file for an
eviction notice to have the tenants removed. Ms. Coyle stated she met James
Pollock once and assisted with cleaning his yard. Ms. Coyle stated the jeep has
been there for 6 months not running, the boat has been there for 8 months and
the garbage continuously. Mr. Townsley admitted to the violation.
Karen Green testified that she lives behind the property and called Code
Enforcement over a year ago to complain about the rear of the property.
Ms. Green testified that the weeds are above her privacy fence, about 8 or 9
months ago the back yard was as bad as the front with motors, chassis, and
trailers. Ms. Green stated she has lived at 3326 Tamarind Dr. for about 10 years
and seen the riding of four wheelers in the back yard which has caused her
backyard to fall into the adjacent property. Mr. Townsley stated the that Clerk of
the Court said they should have the tenants evicted by October 24th and they will
immediately clean the property once the tenants are removed.
City of Edgewater
Code Enforcement Board Minutes
October 13,2005
Page 2 of 2
James Fannelli Jr. testified that he believes the main issue at hand is cleaning up
the property and feels an eviction has nothing to do with the cleaning of the
property. Mr. Fannelli states that there is hurricane debris all along the property,
rottening wood on the home and the backyard is uninhabitable. Mr. Fannelli
stated he just wants to see the property cleaned up. The Chairwoman Johnson
closed the public hearing.
MOTION by Ed Corn, SECOND by Ben Wagner that the Board finds
James Pollock Jr. in violation of Section 21-35.04 of the City of
Edgewater Land Development Code and assess the $53.00 citation fine
and an additional fine of$100 per day for each day the violation
continues to exist past October 17, 2005. Also for a lien to be placed
on the property if not satisfied by October 17, 2005. The Board
recommends a Board Order requesting the City Manager approve the
correction of the violation by City Staff if the violation is not corrected
by October 17, 2005 and for a lien to be placed on the property.
MOTION CARRIED UNANIMOUSLY.,
The PowerPoint and case summary sheets had incorrect case numbers on Case
#2005-8045 A and Case #2005-8045(B) which should reflect Case #2005-CE-
8023(A)and Case #2005-8023(B) which is listed on the agenda.
Case #2005-CE-8023 (A), 1958-1960 Fern Palm Dr., Edgewater, Florida; Tara
Warnock. Violation of Section 10-41 — Littering public property/waterways.
Fire Chief Tracey Barlow presented the case summary to the Board. Current
photographs were provided for the Board's review. Fire Chief Tracey Barlow
presented staff's recommendation that the Board find Tara Warnock in violation
of Section 10-41 of the City of Edgewater's Code of Ordinances assessing a
citation fine of $53.00 and an additional fine of $100.00 per day for each day the
violation exists past October 17, 2005, and for a lien to be placed on the
property if not satisfied by October 17, 2005. Staff also recommends that the
Board issue a Board Order requesting the City Manager approve the correction of
the violation by City Staff if the violation is not corrected by October 17, 2005
and for a lien to be placed on the property. Tara Warnock was not present but
Gary Warnock was present and spoke as the representative. Calvin Ayers
testified that according to the City's map there is a 15 feet alley easement on the
west side of the property. Calvin Ayers stated he is unsure of the property line.
Gary Warnock testified that the telephone pole is on his property and the canal is
encroaching into the property by 39 feet, it has been for a long time. Mr.
Warnock stated that he would like for the City to correct the angle of the pipes
under 20th Street, so that they could have the canal where it belongs other than
in his back yard. Mr. Ayers entered a photograph into the case showing 20th
City of Edgewater
Code Enforcement Board Minutes
October 13,2005
Page 3 of 3
Street to the North with a pile of white shell. The photograph is entered as
Exhibit B dated September 22, 2005. Mr. Warnock viewed the photograph and
stated the fill shell is not on the right-of-way, it is on the property. Chairperson
Johnson closed the public hearing.
MOTION by Ed Corn, SECOND by Gene Mirabella that the Board
continue Case #2005-CE-8023 (A) until the next regular scheduled
board meeting in November. NOTION CARRIED 5-0,
Case #2005-CE-8023 (B), 1958-1960 Fern Palm Dr., Edgewater, Florida; Tara
Warnock. Violation of Section 15-4 — Filling or obstructing culverts etc.
Fire Chief Tracey Barlow presented the case summary to the Board. Current
photographs were provided for the Board's review. Fire Chief Tracey Barlow
presented staff's recommendation that the Board find Tara Warnock in violation
of Section 15-4 of the City of Edgewater's Code of Ordinances assessing a
citation fine of $53.00 and an additional fine of $100.00 per day for each day the
violation exists past October 17, 2005, and for a lien to be placed on the
property if not satisfied by October 17, 2005. Staff also recommends that the
Board issue a Board Order requesting the City Manager approve the correction of
the violation by City Staff if the violation is not corrected by October 17, 2005
and for a lien to be placed on the property. Tara Warnock was not present but
Gary Warnock was present and spoke as the representative. Calvin Ayers
testified that the concrete is halfway impending the flow of water. Mr. Warnock
testified that the rubble was stacked up on top of the embankment. Chairperson
Johnson closed the public hearing. Mr. Storch gave the Board advice to assist
with clarification of this case. Chairperson Johnson reopened the public hearing.
Mr. Wagner asked what would be the cost for removing the debris from the
canal? Chairperson Johnson asked Mr. Warnock did he have the means to clean
the debris from the canal? Mr. Warnock stated that he did not have the means
to remove the debris from the canal but he would allow the City to enter his
property to remove the debris. Mr. Ayers stated that the City does have means
to remove the concrete and would remove if the Board instructed or the City
Manager. Mr. Warnock stated that he would allow the City to enter his property
to remove the debris from the canal and he would pay for the removal.
Chairperson Johnson closed the public hearing.
MOTION by Ben Wagner, SECOND by Ed Corn that the Board finds Tara
Warnock in violation of Section 15-4 of the City of Edgewater's Code of
Ordinance and assess the $53.00 citation fine and an additional fine of
$100 per day for each day the violation continues to exist past October
17, 2005. Also for a lien to be placed on the property if not satisfied by
October 17, 2005. The Board recommends a Board Order requesting
the City Manager approve the correction of the violation by City Staff if
City of Edgewater
Code Enforcement Board Minutes
October 13,2005
Page 4 of 4
the violation is not corrected by October 17, 2005. NOTION FAILED 2-
I The Board discussed the case further. Mr. Warnock testified he would work
with City Staff to correct the violation.
MOTION by Gene Mirabella, SECOND by Ed Corn that the Board finds
Tara Warnock in violation of Section 15-4 of the City of Edgewater's
Code of Ordinance assessing the $53.00 citation fine. The Board
recommends a Board Order requesting the City Manager approve the
correction of the violation by City Staff and impose any charges the
City incurs against the property owner. The Board will continue any
further discussion or determination of a $100 per day fine until the
Y• - • -r meetina. JVIOTION CARRIES 4-1,
BYLAW CHANGE
Chief Barlow announced the change of the meeting date to the third Thursday of
each month at 2:00 pm which the Board will vote on in the November meeting.
The proposed bylaw amendment will be mailed to all Board members.
OLD BUSINESS:
Case #2005-CE-5042, 2982 S. Ridgewood Ave., Edgewater, FL; 3050 Holdings
LLC. Violation of Section 21-210.02 — Fire Codes. Chief Barlow stated that they
are in compliance and the fines have been paid.
CODE COMPLIANCE REPORT:
Chief Barlow presented the quarterly report to the Board.
PUBLIC COMMENTS:
Bernard Baran of Brothers Nutrition requested that the City inform the tenants of
Edgewater Commons with any fines levied.
BOARD DISCUSSION:
Mr. Delnigro commented on the election which was held at last month meeting.
The Board had a brief discussion.
ADJOURNMENT
Chairperson Linda Johnson adjourned the meeting at 4:16 pm.
Next Meeting scheduled for November 10, 2005 at 2 p.m.
Minutes respectfully submitted by,
Shontella Jackson, Board Coordinator
City of Edgewater
Code Enforcement Board Minutes
October 13,2005
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