CEB_10-28-03_Min1 -i '.,. ' {-I, LCh; !(ZI \? :--" d ,---~ .:-, ;. :*,:--;-!I-i CODE ENFORCEMENT BOARD 20fl4 i F $ z:, g.;: ;j:ciqC ommission Chambers 175 W. W men Avenue Longwood. Florida October 28,2003
Present: Also Present: 7:OO P.M. Luis Alvarado, Member Jack Greenhalgh, Member Andrew McGarry, Member Laura Moehlenkamp, Vice Chair Les Simmonds, Member Richard Taylor, City Attorney
Amy Goodblatt, Board Attorney Bonnie Homington, Code Compliance Inspector Cathy Price, Code Compliance Inspector Patrick Bliller, Interim Community Services Director Linda Goff, DepuQ.
City Clerk John "Bob" Lornas, Chair (excused) 1. CALL MEETING TO ORDEIUROLL CALL: Vice Chair ~Moehlenkanip called the meeting to order at 7:00 p.m. The Recording Secretary called the
roll. 2. APPROVAL OF MINUTES: The Minutes of the September 23,2003 meeting were presented. Mr. McGany stated that the minutes needed to be amended so that the motion for a vote of confidence
of the Board Attorney also reflects a vote of confidence for the Chairman. Mr. Simmonds move?d, seconded by Mr. McGarry to approve the Minutes of the September 23,2003 meeting as mended.
Motion carried by a unanimous voice vote. Mr. Taylor conducted the swearing in of all who would be testifying. 3. REPORTS -CASE UPDATES: None. 4. PUBLIC HEARINGS: CEB 10-28-200311
A. CEB 03-10-334 Michael L. & Diane Storms 303 Stormy Cove Longwood, F1 32750 Reported to be in Compliance. B. CEB 03-10-335 Louie C. & Wanda B. Williams, Prop. Owners & Robert Williams,
Tenant 505 E. Palmetto Ave. Longwood, F1 32750 Withdrawn at request of City C. CEB 03-10-336 Alan A11dino;Claudia & Felix Frano, Legal Guardians for Michael & Robt. Andino, Et A1 826
E. Church Ave. Longwood, FL 32750 Reported to be in Compliance D. CEB 03-10-337 Thomas R and Cindy Rogenski 121 Sheridan Ct. Longwood, FL 32750 Withdrawn at request of City E. CEB 03-10-338
Grant's Tree Service, Inc & Frank C. Grant, Business Owner & My Precious Jenny, Inc. & Dorothy Bodell, Registered Agent & Seminole Investment Group LLC & Michael Towers, Registered Agent
Re: 221 W SR 434, Longwood, FL 32750 Code Compliance Inspector Price reported that My Precious Jenny, hc.. operating under the name of Kids at Play, and Grant's Tree Service were cited
for violating Article III, Section 3.5.5 (B) Pernlit required to remove trees. The citation was issued on 12/5/02 with a compliance date of 12/12/02. She reviewed pictures of a tree
that had several portions cut out of it and there was also a tree in the city right-of-way that was trimmed. She stated that after having received the notice of violation they trimmed
the rest of the tree back. She advised that a letter was sent to Grant's Tree Service on Augist 29, 2003 regarding the Notice of Violation. She advised that Notice of Hearings had been
sent lo Grant's Tree Service. My Precious Jenny, Inc.. Seminole Investment Group. LLC. and Michael Towers. She CEB 10-28-2003/2
stated that there has not been a pernlit issued for the job and to close the case they would require a copy of the arbor permit. She read into the record a letter dated 9-8-03 addressed
to Jay Sergeant from Michael F. Towers, Property Owner. She stated that Mr. Towers went to Mr. Drago who referred him to Mr. Miller. Mr. Miller advised Mr. Towers the city would require
him to apply for an arbor permit and pay the applicable fine. He chose to come to the CEB meeting. Mr. Sinunonds asked if a pennit and fees were applied for and paid if this would resolve
the issue. Code Compliance Officer Price responded in the affinnative. Mr. Alvarado asked who authorized the tree rcmoval. Code Compliance Officer Price stated the daycare center contacted
the tree service. Mr. Alvarado asked if this was an emergency situation like the letters indicated. Code Compliance Officer Price affirnled that one tree service was contacted to remove
a branch and could not get to it within a week so they contacted Grant Tree Service. She stated that the tree is healthy, but reiterated that Code Compliance arrived there after the
fact. Mr. Sirnmonds asked Ms. Goodblatt if this violation would be applied to the tree service and the owner. Ms. Goodblatt stated that the tree service was cited. but the board would
have the right to divide the ruling. She advised that there was a provision under this section of the code for an emergency situation. Vice Chair Moehlenkanlp opened public hearing.
Frank Grant 430 Lime Street, Eatonville, Florida, stated that after looking at tree he advised the owner the tree did need to come down because of where it was located, with children
playing in area. He stated that if it was not necessary he would not have taken the limbs down. He advised he told the owner the tree did not need to be taken all the way down as new
growth would come back. He stated this was an emergency and he did advise the olvner a permit would not be necessary. He stated that he stood by his decision and his company would take
responsibility. He stated that both trees were an emergency situation. He stated the tree on the inside of the fence had a cavity that was cracked. CEB 1 0-28-200313
1Mr. Simmonds asked Mr. Grant if when assessing the job was it in his opinion that no permit was necessary to do the job. Mr. Grant responded in the affirmative stating it was an emergency.
He advised that he did not cut the tree all the way back. only the one picture where the branches were left. Mr. Simmonds moved, seconded by Mr. Lane to close the public hearing. Motion
carried by a unanimous voice vote. Ms. Goodblatt confirmed with Code Con~plianceI nspector Price that returned certified mail receipts were received from all parties cited. Mr. McGarry
moved, seconded by Mr. Greenhalgh that based on the evidence seen and the testimony heard to find the Respondent, Grant's Tree Service. absolved fiom any liability in this case. He hrther
moved to find the Respondents, Business Owner and My Precious Jenny, Inc., and Dorothy Bodell, Registered Agent, and Seminole Lnvestrnent Group LLC and Michael Towers guilty of violating
Longwood Land Development Code, Article In, Section 3.5.5, an arbor permit is required required as a matter of law for the large portions of the tree that were removed in some fashion
other than that of what Grant's Tree Service performed. In support of this motion, the Board is asked to find that these facts occurred based on the evidence heard and seen and the testimony
given. He further moved to give the Respondents 14 days from receipt of Final Order to bring the property into compliance or a penalty of $50.00 a day will be imposed and continue for
each and every day of non-compliance. The cost of repairs will be assessed against Respondents if this Order is not complied with in a timely manner and no administrative costs are asked
for by the city to be assessed against the Respondents. Ms. Goodblatt asked for clarification if the motion includes an arbor permit must be pulled and a replacement tree purchased and
planted as directed by the Planning Department. Mr. McGarry responded in the affirmative. Mr. Alvarado stated that in open testiniony a professional stated this was an emergency due
to the proximity of children and the condition of the tree so a permit was not required. He asked if this would absolve the property owners if they followed the advice horn a professional.
CEB 10-28-200314
Ms. Goodblatt stated the Board could act, based upon facts given. Mr. Grant testified that he did what was minimally necessary to protect children. According to other testimony, subsequently
another part of tree was removed by some other person according to his testimony. She stated that the intent of the Motion was to say this was an emergency at the time the initial part
of the tree was removed, but was not an emergency when the remainder of the tree was removed. Mr. Taylor advised he had just been informed the city wishes to withdraw the case. He stated
there was a communication problem and that Mr. Towers has applied for and issued a permit. Mr. McGarry stated there was a motion on the table that needs to move fonvard. He stated that
the motion would not be withdrawn. Ms. Goodblatt advised there was a motion on the floor and the city was requesting, with additional facts, it be withdrawn. Discussion ensued regarding
the case and the motion on the floor. Mr. Alvarado moved to table this issue to the next next meeting in order to allow Mr. Towers an opportunity to appear before the Board. Motion denied
due to no second. Ms. Goodblatt advised if the motion cames they have already complied. She stated the Board needed to act on the motion. Main Motion denied with a twolfour roll call
vote. Members Greenhalgh and McGany voted aye and Members Alvarado, Lane, Moehlenkamp, and Sinmonds voted nay. Mr. Lane moved, seconded by Mr. Simrnonds that due to the owner being in
compliance with thc additional evidence brought forth by the city to accept the city's recommendation and withdraw the case. Mr. McGarry asked for proof of pennit. The Board recessed
at 7:47 p.m. and reconvened at 7:5 1 p.m. Mr. Miller provided proof of the permit. Mr. Lane asked, if the motion carries. should the city find it necessary, could they recite for this
same violation. Ms. Goodblatt responded in the affirmative. CEB 10-28-200315
Mr. McGarry stated the new evidence documents the facts that occurred with regards to the larger portion of the tree and the tree that was in the city rightoofway. He stated that should
the motion on the floor carry, it still involves Mr. Grant. He stated that the previous motion absolved Mr. Grant and the way this motion is stated it would include all Respondents.
Mr. Lane stated he would agree to absolve Mr. Grant in the motion on the floor. Motion carried with a foudhvo roll call vote. Members Alvarado, Lane, Moehlenkamp, and Sinunonds voted
aye and Members Greenhalgh and McGany voted nay. F. CEB 03-10-339 Robert W. & Brenda F. Morgan, Prop. Owners & Carlos Feliciano, Tenant 606 Maine Ct. Longwood, F1 32750 Reported to be
in Compliance. 5. UNFINISHED BUSINESS: None. 6. OLD BUSINESS: A. CEB 03-03-299 Dorothy L. Fry 105 Shady Ln. Longwood, FI 32750 Request to Adjust Amount of Lien Assessed Mr. Taylor stated
this was a case that came before the board regarding an RV illegally parked. He stated the case was properly brought before Board and found to be in violation. I-Ie advised that Ms.
Fry was in compliance at this time. He stated that the city has no objection to dramatically reduce the lien. Ms. Goodblatt advised that a fine of $l5/day started to run on 5130103 and
stopped running on 9/24/2003. Mr. Taylor stated the total lien to date was $1,755.00. Vice Chair Moehlenkamp opened public hearing. Dorothy Fry. 105 Shady Lane, stated she was in compliance
the last of March and went to the Code Board to inform them. She stated she only parks in the driveway to load and unload or clean the vehicle. She stated she has never CEB 1 0-28-200316
been out of compliance. She stated she has parked in the back of her house since being told she could not park to the side. Ms. Goodblatt asked if this evidence was presented at the
hearing in March. Ms. Fry responded in the affirmative. Ms. Goodblatt stated that the final order from the hearing held the 25'" of March, 2003 states that the Respondent was present
and the order states that the Respondent shall notify the Code Con~plianceI nspector when she is in compliance. It further states that failure to notify the Code Con~pliance Inspector
in a timely manner is itself a violation of the order. Ms. Fry stated she complied following the first hearing making arrangements so she could park in her back yard and not have to
open and close gates. She stated her new parking place was not checked out until September 24' 2003. Mr. Alvarado asked Ms. Fry if she was aware she needed to call Code for reinspection.
Ms. Fry stated she has been before the Code Board multiple times and has been to the city ~nultipleti mes from which she was told she had to talk to Ms. Howington. Discussion was held
regarding this case and when it was brought into compliance. Ms. Goodblatt asked Ms. Fry what she was requesting from the board tonight. Ms. Fry stated she requests the lien be removed
from her property. Susan Anson Whritenour, 2093 Westbourne Dr., Oviedo, stated her mother does park in the back yard and there are fences on all sides. She stated the only time the vehicle
was in the driveway is when she washes, loads or unloads. Charles Frv, 4941 Winwood Way, Orlando, stated his mother parks in the driveway when she washes or waxes the vehicle. He asked
the lien be removed. Ron McGlou&lin, Shady Lane, stated he lives adjacent to her home and does not consider the vehicle an RV or motor home. Me stated he agrees with code taking care
of neighborhood; he had to spend $500 to put up a fence to hide his boat. He stated that this van has never bothered him even when parked on side of house that it is a regular van. He
stated that her van has not been in the driveway or side of house except for cleaning. CEB 10-28-200317
Mr. Simmonds moved, seconded by Mr. Lane to close public hearing. Motion camed by a unanimous voice vote. Mr. Greenhalgh moved, seconded by Mr. McGany, based on testimony heard to remove
the lien and consider the case closed. Motion carried by a ~nanimousro ll call vote. B. CEB 03-08-325 James A. Centrella 111 Re: 114-16 Mingo Trail (Vacant Property) Longwood, FL 32750
City Requests to Rescind Code Board Order Mr. Taylor advised that based on further inspection by the city there was only enough dirt to fill in holes rather than change the grade. Iie
stated it was further determined the City had a Ieal&g water pipe that created a problem on the property. therefore, the city requests to rescind the order and eliminate any fine. Vice
Chair Moehlenkamp opened public hearing. No Speakers. Mr. McGarry moved, seconded by Mr. Simmonds to close public hearing. Motion carried by a unanimous voice vote. Mr. Alvarado moved,
seconded by Mr. Lane to rescind all liendorders and fines. Motion carried by a unanimous roll call vote. 7. NEW BUSINESS: A. Review Code Board Rules Sr Procedures Ms. Goodblatt advised
the board was required to review their rules and regulations annually. She reviewed the attendance requirements. Mr. Taylor stated that under Article 11.; Jurisdiction, where it reads;
The Board has jzrrisdictioil over those nzcttters which cue set forth in the City of Loitgwood, Florida code, Section 2-137; he would suggest adding in Chapter 162 Florida Statues. He
also recommended changing page 2 regarding attendance. He advised that excused absences should be determined by the board. He further recommended where Section 5 currently reads; Florida
Sfatlcte shall detelniine a quoncni., adding the wording "Provisioit of' in front of Florida Statue. CEB 10-28-200318