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CEB_05-03-83_MinAok tHE Sr4T ! i� ♦���� T au Jaf L 'A~ A uxt + CO U t♦ ~y' 175 West W arren ii e. �O ng luoub, �Yilariba 32750 ` el 831 -0555 Oak SINCE 1883 May 3, 1983 The Codes Enforcement Board of the City of Longwood, Florida met at 7:30 p.m. Present: Walter Fleck Anthony Taddeo Harold Myers Charles Kennedy Fred Ritter Arthur Carullo Marvin Rooks, City Attorney Mary Triplett, Secretary Absent: Virgil (Jo Pavone 1. The Codes Enforcement Board meeting was called to order by Vice- Chairman Carullo. 2. The secretary called the roll. All members were present except Virgil (Joe) Pavone. Mr. Pavone notified the board secretary that he would be out of town. 3. Approval of Minutes - 4/26/83. Mr, Fleck asked that the word "no" be inserted before the word "violation" in the last sentence of paragraph five, item No. 7. Motion by Mr. Fleck, seconded by Mr. Kennedy that minutes be approved as corrected. Motion carried by a unanimous roll call vote. 4, Public Hearings. None scheduled, 5. Unfinished Business. Mr. Rooks welcomed the new members of the board and stated he wanted to describe the roll of government to =the members. Mr. Rooks stated the function of the City Commission is to make the laws, the Police Department enforces those laws and the Codes Enforcement Board 'is in the position of being a judge. Code s Enforce- ment Board members should be unbiased and it is very important that members not become investigators. Mr. Rooks referred to the discussion last week on the probable cause hearing. He stated that the City of Orlando has done away with their probable cause hearing. Mr. Rooks stated that the board can pass rules that comply with the City of Long- wood ordinance No. 497. Mr. Rooks read Sec, 2 -138 (a) which states the procedure on hearings. Mr. Rooks stated that the probable cause hearing is set forth in the ordinance and has to be changed by the City Commission. The Codes Enforcement Board can make recommendations to change probable cause. Mr. Rooks stated that in changing probable cause there are two things to consider, on the positive side, it will eliminate a step and on the negative side, most of the problems are handled before it reaches a public hearing. Mr. Rooks recommended against receiving reports of violations until a case comes before the board because of concern about contact of alleged violation and it makes the decision of judging more Codes Enforcement Bc Meeting bla 3 �► g y 1983 difficult. Mr. Kennedy asked if the meeting day could be changed and Mr Rooks replied that the board is in complete control of setting their meetings, Mr. Myers stated the board was critized for taking too long on a case. Mr. Carullo stated it was up to the Police Department. Mr. Rooks stated the board has no control over the police enforcement, the board function is to deal with cases before the board. Mr. Carullo stated the only thing the board can do is to fine people and nothing the board can do to speed up the process to bring cases before the board. Mr. Carullo stated that a motion was made last week on the probable cause and this motion was not carried. Mr. Rooks requested the Chair make a point of clarification to correct the record that motion did not pass because of failure to have sufficient votes. 6. Presentation of f fled of f idavits of violation . The secretary read violation of affidavit on Case No. 18, James V. and Lucille P. Farmer - (Thomas Mulligan - minor) , 106 Bearss Circle, Longwood, Florida. Violation of City of Longwood Code, Chapter 11, Noise, Sec. 11-1, 11 -2 ( 2 ) and Chapter 12 , Nuisances, Sec. 12 -1 ( 6 ) , 12 -2 ( 5) . officer Rossi stated the complaint centered on the respondent minor creating a disturbance by continuing to play his drum set excessively loud during the daytime and evening hours. The respondent minor has received several warning and has ignored all warnings. officer Rossi stated that because of these infractions the judgement was made to bring the respondents before the board. Mr. Carullo asked what time this noise occurred? officer Rossi said from 8:30 a.m. Lo 11:00 P.M. Mr. Carullo asked why the Police Department was so patient, Of f icer Rossi said he tried to get the boy - to quiet the noise and the respondents had completely insulated the garage and muted the drums. Mr. Myers asked officer Rossi if he had heard the noise. officer Rossi stated that he heard the noise from the corner of the street and it was a very loud sound. Mr. Ritter asked how old the person was who played the drums? Officer Rossi replied sixteen years old. Mr. Rooks said the ordinance prohibited loud and excessive noise. Motion by Mr. Myers, seconded by Mr. Kennedy to find probable cause. Motion carried by a unanimous roll call vote. Motion by Mr. Kennedy, seconded by Mr. Myers that the date of the public hearing be set for May 17, 1983. Motion carried by a unanimous roll call vote. 7. New Business. Chief Greg Manning of the Police Department commented on the amount of time spend on complaints. Be stated that the Police Department tries to solve the problems to keep them from going to the board. The main job of the police officer is to act as a mediator and attempt to keep both parties happy without going to the board. Chief Manning stated his job and responsibility in a small town is having an active part in communicating and working together and to keep the big city procedures out. 8. Adjournment. Motion by Mr. Taddeo, seconded by Mr. Myers that meeting be adjourned. Motion carried by a voice vote and the meeting was adjourned at 8 :40 p.m. Virgi . P one Chairman, Codes Enforcement Board Attest: 1 Mart T plett