CEB_03-24-09_Min CODE ENEORCE;BVIEN`f BOARD
City Commissions Chambers
- 175 W. Warren Ave.
Longwood, FL 32750
March 24, 2009 7:..00 P.M.
Present: Greg Vanatta, Chairman
Judy Putz, Vice-Chairwoiman
Ernie Tolos, Member
Tim Dolan, Member
Joanne Rebello, Member
Bruce Kubec, Member
John Austin, Member
Also Present: Amy Goodblatt, Board Aittorney
Donovan Roper, City Att~~rney
Russ Cohen, Commander
Bonnie Howington, Codes Enforcement Officer
Robyn Winters, Code ErrForcement Officer
Michelle Longo, Code Enforcement Officer
Chris Kintner, Communii:y Development Coordinator
Collina Gast, Recording :secretary
Absent: None
~o..,-I. CALL MEETING TO ORDER:
Chair Vanatta called the meeting to order at 7:04pm.
2. CHAIRMAN'S EXPLANATION OF PROCEEDINGS:
Chair Vanatta explained the process of the Cocie Board meeting.
3. SWEARING IN OF ALL WITNESSES:
Atty. Roper swore in all witnesses.
4. ROLL CALL OF SCHEDULED CASES:
Chair Vanatta called out cases to determine wFio was present.
5. APPROVAL OF THE MINUTES:
The minutes from the February 24, 2009 meeting were presented. Member Kubec moved
to accept the minutes of the February meeting, seconded by Member Dolan. Minutes
carried by a unanimous voice vote.
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6. REPORTS-CASE UPDATES:
Officer Howington presented updates on case ~r`09-01-760, Limonta on Oak Street as well as
~ #09-01-761, Winfrey on 155 Sandalwood Way.
Atty. Goodblatt questioned noticing procedure for properties that are not in compliance and
are having a lien imposed.
Officer Winters presented updates on #09-02-765, Canals on 466 E. Orange Avenue as well
as #09-01-759, Freeborn on 1041 Reams StreE:t.
7. PUBLIC HEARING:
B. CEB 09-03-766 FEHM INC.
976 Florida I~entral Pkwy
Longwood, 1=L 32750
Mr: Kintner made a presentation on the City's ~~olicy for stormwater maintenance. He then
answered questions from the Board.
Ofc. Howington then spoke in regards to this c~~se. After receiving an email from Community
Development on 01/21/09, she went out and is;~ued a Notice of Violation on 01/29/09 CC,
Chap. 74, Sec. 74-38(b) Maintenance of stormwater Management System to comply by
02/05/09. Upon re-inspection on 02/11/09., the i~roperty was not in compliance and a Notice
~ of Non-Compliance was .issued to comply by 0:?/15/09. Upon further re-inspection on
02/25/09, the property was still not in complian~;e & the case was scheduled for the Code
Board. The City is asking that the respondent be found guilty of CC, Chap. 74, Sec. 74-38(b)
Maintenance of stormwater Management SystE:m and is requesting that the respondent be
given 5 days from date of service of Final Orders to come into compliance or a $100.00 per
day fine be imposed. They are also asking that an Administrative Cost of $350.00 be
assessed to be paid within 30 days of date of service of the Final Orders.
Board asked questions of Officer Howington a~~ well as Mr. Kintner.
After much discussion, Atty. Roper made a moi':ion to eonfinue the ease. Discussion ensued
and Atty. Goodblatt explained procedure and asked if the respondent would like to speak.
Mr. Sajjad Mukhi (RA) spoke in regards to this case and answered questions from the Board.
Member Rebello made a motion to continue; sE;conded by Member Dolan and carried with a
unanimous voice vote.
Atty. Goodblatt explained the motion to Mr. Mukhi.
Board recessed from 8:07pm until 8:12pm
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A. CEB 05-11-504 MOORE, Timothy and WALKER, Angella
Repeat 790 E. Wildmere Avenue
Longwood, 1=L 32750
Officer Howington spoke in regards to this casE~. Stated that on 02/16/09 a Repeat Notice of
Violation was issued for CC, Chap. 86, Sec. 86-83 Boats, Trailers & RVs with no compliance
date per FS 162. Upon re-inspections on 02/18/09., 02/19/09 and 02/20/09 the property was
still not in compliance & the ease was then scheduled for the Code Board. A further re-
inspection on 02/23/09 showed the boat had bE:en removed. A Notice of Hearing was served
on 03/10/09 via personal service by the Longw~~od Police Dept. The property is now in
compliance however the City is asking that the respondents be found guilty of violating CC,
Chap. 86, Sec. 86-83 Boats, Trailers & RVs. They are also asking that a fine of $200.00 per
day for the 5 days of non-compliance be assessed as well as an Administrative Cost of
$430.00 with both to be paid within 30 days of ~~ate of service of the Final Orders.
Board asked questions of Officer Howington.
Cmdr. Cohen spoke in refererice to the admini:~trative cost and the new tier system the City is
utilizing.
Angella Walker (PO) spoke in regards to this c~~se and answered questions from the Board,
Atty. Goodblatt and Atty. Roper.
Member Tolos motioned to close the public he~~ring. Seconded by Vice-Chair Putz and
carried by a unanimous voice vote.
~ Discussion ensued between the Board members.
Member Dolan moved based on the evidence :peen and testimony heard to find the
respondents guilty as a repeat violator of violating CC, Chap. 86, Sec. 86-83 Boats, Trailers &
RVs. Member Dolan further moved to not assess a fine or an administrative cost but did order
the Respondents to call the City in advance of parking the boat outside. Motion seconded by
Member Tolos and carried by a unanimous roll call vote.
8. UNFINISHED BUSINESS:
Atty. Goodblatt inquired on the Board's liability insurance coverage; Atty. Roper detailed their
coverage and answered questions from the Board.
9. OLD BUSINESS:
None
10. NEW BUSINESS:
Atty. Roper made a motion for the Board to re-hear or re-consider their ruling on case #04-
02-354 Repeat, Township Plaza. He discussed mitigating factors that were not known at the
time of last month's meeting and asked that thE~y consider reducing or eliminating the fine
which totals $2,350.00. Discussion ensued.
CEB 03/24109 Page 3
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Mr. Barry Revels spoke in regards to this requE:st and answered questions from the Board.
Further discussion took place.
~ Vice-Chair Putz moved to re-hear the case at next month's meeting; seconded by Member
Tolos. Discussion ensued which then prompted Vice-Chair Putz to withdraw her motion.
Member Dolan then moved to eliminate all fines and costs; seconded by Member Kubec and
carried by a 5-2 roll call vote with Member Tolo~s and Member Rebello voting "nay".
11. ADJOURNMENT: Chairman Vanatta adjourned the meeting at 9:38pm.
J dy Putz, Vic Chair
ATTEST:
C~
Collina Gast, Recording Secretary
CEB 03/24/09 Page 4