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CEB_05-24-05_MinMay 24,2005 Present: *REVISED* CODE ENFORCEMENT BOARD City Commission Chambers 175 W. Warren Ave Longwood, FL 32750 6:30 P.M. John "Bob" Lomax, Chair Ernest Tolos, Vice Chair Andrew McGarry, Member Deborah Dube, Member Gail Brown, Member Kelly Kirk, Member Also Present: Amy Goodblatt, Board Attorney Richard Taylor, City Attorney Russ Cohen, Lieutenant Cathy Brice, Inspector Bonnie Howington, lnspector Wendi Smith, Recording Secretary Absent: Jack Greenhalgh, Member I ORIENTATION FOR NEW MEMBERS (6:30 p.m.-7:00 P.M.): Ci'ientation was given to the E W /G m~ e~m bers by Amy Gouuuiati, Soard Attorney. 1 CALL MEETING TO ORDER1 ROLL CALL: Chair Lomax called the meeting to order at 7:OOp.m. The Recording Secretary called the roll. 2. APPROVAL OF MINUTES: The minutes from the April 26, 2005 meeting were presented. Member Tolos moved to accept the minutes of the April meeting seconded by Member McGarry. Seconded by Member McGarry. The Code Enforcement Board Attorney stated that there needed to be some changes on cod?e case "Nellis", that the Administrative fee was $50 not $1 00; and code case "Barker" was $250 per day for the occupational license and $100 for the remainder violations. Motion carried by a unanimous roll call vote with Member Greenhalgh absent. 3. REPORT CASE UPDATE: None 4. PUBLIC HEARING: City Attorney conducted the swearing in of witnesses. A. CEB 04-1 1-422 STEWART 106'1 Hamilton Longwood, FI 32750 Code Compliance lnspector Howington reported she cited this property on April 28, 2005, under City Code, Chapter 22, 22-32 Commercial Vehide parkiny. She stated no re-inspection was required per Florida Statutes 162.06(3) which states there is no requirement to give a repeat violator reasonable time to correct the violations. She said this was a repeat violation, previously found guilty at the November 2004 Code Enforcement Board meeting. Notice of Hearing was served on May 13, 2005 by an Officer of the Longwood Police Department. The city request that an Administrative fee of $100.00 be imposed. Code lnspector Howington answered questions from the Board Members Terry Stewart, son of the homeowner and over the age of 15 spoke in reference to this violation. Member McGarry moved to close the public hearing. Seconded by Member Brown and carried by a unanimous voice vote with Member Greenhalgh absent. Vice Chair Tolos moved, based on the evidence and the testimony, to find the respondent guilty of violating City Code, Chapter 22, 22-32 Commercial Vehicle parking. In support of this motion, he asked the board find the following facts occurred, a semi tractor parked in a residential area. He further moved to impose an Administrative fee of $100 to be paid within 30 days from the date of service, and the respondent pay a fine for the 3 days the semi was seen on the property at $500 per day. Seconded by Member McGarry and carried by a unanimous roll call vote with Member Greenhalgh absent. B. CEB 05-05-458 PINECREST & GABRO INVlRlDDLEY 525 E. Warren Ave Longwood, FL 32750 Code Compliance lnspector Howington reported she cited this property on March 01, 2005 under City Code, Chapter, 22, 22-28 Storage and location of Inoperable Vehicles. She revisited the property on April 02, 2005 and the property was not in compliance; Notice of Hearing was posted and sent first class mail on May '13,2005 by Code Officer Howington of the Longwood Police Department. The city request, ihat an Administrative fee of $1 00.00 be imposed. Code lnspector Howington answered questions from the Board Members. Kevin Riddley; tenant; spoke in reference to this violation. Vice Chair Tolos moved to close tlie public hearing. Seconded by Member McC;arry and carried by a unanimous voice vote. with Member Greenhalgh absent. Member McGarry moved, based or1 the evidence and the testimony, to find the resporidents guilty of violating City Code, Chapter, 22,22-28 Storage and location of Inoperable Vehicles. In support of this motion he asked the board find the following facts occurred; A maroon Chevy pickup truck was parked in the driveway with an expired tag and flat tires. He further moved to impose an Administrative fee of $50 to be -.-.1 .. 1 p a i w~~ thin3 G days from ihe date of service; property was in compliance as of the meeting date. Seconded by Vice Chair Tolos and carried by a unanimous roll call vote with Member Jack Greenhalgh absent. Code Board Member Debra Dube abstained from voting on the following case. C. CEB 05-05959 DUBE 467 E. Palmetto Ave Longwood, FI 32750 Code Compliance lnspector Howington reported she cited this property on January 22, 2005 under Florida Building Code 104.1 . I Permits. She revisited the property on February 12, 2005 and the property was still not in compliance. Notice of Hearing was served on Debra Dube on May 13,2005 by Code Officer Howington of the Longwood Police Department and served on Mariah Owens on May 13,2005 by an officer of the Longwood Police WHO MUST FILE FORM 88 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council. commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. UST NAME-FIRST NAME-MIDDLE NAME ~ L L D A~*rc\. ~ ~ ~ L MAILING ADDR SS 437 g (&h& CITY COUNTY ~ L ~ c G ~ C F I -----DATE ON WHICH v& OccuRREo 4 -2-4 8 5 Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. NAME OF BOARD COUNCIL COMMISSION AUTHORITY. OR COMMITTEE I /',-r4qF &:, c ,>,,,,* THE BOARD. COUNCIL. COMMISSION AUTHOR*. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF & 0 COUNTY 0 OTHER LOCAL AGENCY I NAME OF POLITICAL SUBONISIQN C 5 -L -& \ h C n L <aQeQ MY POSlTlON IS > o ELECTIVE Am;NTwE \ 1 INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a measuur which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the speaal private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357. F.S., and officers of independent special tax tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister. father-in-law. mother-in-law, son-in-law, and daughter-in-law. A 'business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disdose the conflict: PRIOR TO THE VOTE BEING TAKEN by publidy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutte of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disdose the nature of the conflict before making any attempt to influence the decision. whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the I minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 -EFF. 112000 & PAGE 1 P A APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO AlTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETIHG: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publidy at the next meeting afler the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, q + -4 b q 4 -%&. & -. hereby disdose that on ,20 s: (a) A measure came or will come before my agency which (check one) -inured to my special private gain or loss; -inured to the special gain or loss of my business associate,--inured to the special gain or loss of my relative. -inured to the special gain or loss of , by whom I am retained; or -inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my contliding interest in the measure is as follows: -----Date Filed Signature CE FORM 86 -EFF. 1R000 PAGE 2 ------------NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $10.000. A.