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CEB_06-11-85_MinAM � TE o y • `` ��' 17 est PJ arren ve. ti Boa �.vr 'lba 32750 C rI. 831 --1155,5 The Codes Enforcement Board of the City of Longwood, at 7:30 P.M. Present: Walter Fleck Chairman Verma Martin Fred Ritter Maureen Sikora Anthony Taddeo Paul Gougelman Attorney Ma ry Triplett, Secretary Absent: Buford Helms Charles Kennedy r SINCE 1883 i� June 11, 198 Florida met 1. The meeting was called to order by Chairman Fleck followed by the Pledge of Allegiance to the United States Flag. The secretary called the roll and all members were present except Mr. Helms and Mr. Kennedy. Mr. Helms had notified the secretary that he would be out of town and unable to attend the meeting. 2. Approval of Minutes 6/4/85. Motion by his. Sikora, seconded by Mr. Ritter to postpone approval of minutes of June 4, 1985 until the next meeting. Motion carried by a unanimous voice call vote. 3. Public Hearings. Case No, 4 0 , Irene Haire, Paul Shaffer (minor), 117 5 Second Place, Longwood, FL. Violation of Appendix A, Section 101, Subsection loll. Secretary read the charges and officer Rossi was sworn under oath. officer Rossi presented the case. He stated the case was the construction of a skateboard ramp without the benefit of a building permit. Officer Rossi stated that the ramp was continually used after respondent was ordered to cease and desist. Officer Rossi asked that Paul Shaffer explain his actions. Paul Shaffer was sworn under oath. Chairman Fleck stated that he would like to hear his version. Paul Shaffer stated that officer Rossi's statement was true. Chairman Fleck asked for Paul Shaffer's word that he was going to obey the law. Paul Shaffer gave his word that he would obey the law. Motion by Mr. Taddeo, seconded by Ms. Sikora to dismiss the case without prejudice. Ms. Sikora stated for the record that she voted in opposition under the circumstances that a precedent was already set in a prior case. Mr. Cougelman stated that by ruling on one case that it may not totally be true. Motion carried by unanimous roll call vote. Case No. 33, Eugene J. Kocol, IBA Paramont Auto Center, 519 N. CR 427 Longwood FL and wells, Gattis, Hallowes & Carpenter, 130 Hillcrest St . r Orlando, FL ( owners of the property) . Violation of Chapter 10, Sec. 10-1, 10-B(14)6, Appendix A ■ Secs. 201.1 and 508.4A. Secretary read the charges and officer Rossi presented Codes Enforcement Board Meeting - 6/11/85 Page 2 the case. Officer Rossi stated that on January 8, 1985, the respondent was found in violation of conducting a used car sales dealership within front setback of his business property without the benefit of the required City Occupational License and was ordered that any time in the future the violation existed, he would be subject to a fine of $50.00 per day per violation and upon an officer of the City of Longwood filing an Affidavit of Ikon -- Compliance causes the respondent, Eugene J. Kocol, to pay a fine of $50.00 per day per violation. officer Rossi asked that the board table the case. Ms. Sikora asked for the reason Officer Rossi wanted to table the case if the respondent was in compliance. Officer Rossi stated that Mr. Kocol would sell vehicles again based on past history. Mr. Fleck stated that if the respondent had received notice of violation after three days, he owes a fine of a $100-00. Mr. Gougelman stated the opinion of Attorney General's Office, if it is an on and off violation and at the time of the board meeting it is in compliance, the board can not take action. Motion by Ms. Sikora, seconded by Ms. Martin to table the case until the next meeting and review of Attorney General's opinion. Matter to be referred to the City Attorney to file a injunction on the grounds of Contempt of Court. Motion by Ms. Sikora to amend motion, seconded by Ms. Martin to instruct the secretary to send a letter to Mr. Kocol informing him that the board had fined him $100.00 under the previous order of January 8, 1985. Motion carried by a three to two vote with Ms. Martin, Ms. Sikora and Mr. Fleck voting aye and Mr. Ritter and Mr. Taddeo voting nay. Case Mo. 34, Frank J. & June J. Sobotka, DBA JCL Land Clearing Inc., 268 park Avenue, Longwood, FL. violation of Appendix A. Sections 509.1, 509,4B, 602.3D and 620.20. Secretary read the violation. Mr. Fleck asked if the respondent was present and Mr. Frank Sobotka raised his hand. officer Rossi presented the case. officer Rossi read each violation from the codes book and stated the facts on the affidavit. Officer Rossi stated that he had advised the respondent to clean the property. Officer Rossi stated that he had monitored the property periodically and recommended a fine. Ms. Sikora questioned the charge of 509 AB because it stated that a written opinion be furnished. officer Rossi presented photographs of the property. Officer Rossi explained the charge of 620.20, he stated that outdoor storage areas shall not be located within any front setback, height of the storage was higher than permitted, screening was required and no loose materials such as sand shall be allowed. Mr. Frank J. Sobotka, Jr. was sworn under oath. He stated that he was in the landclearing business and employed twenty --two people. He stated that his business is located on a dirt road. He stated that the materials on his property are lower than the eight feet required. He stated that there was not any garbage on his property but there is clean fill. Mr. Sobotka presented photographs of his property. He stated that he has been in the landclearing business for 15 years and has been cited three times. Mr. Fleck asked if the business had changed in the last 15 years. Mr. Sobotka stated that his business had increased in the last six years but that he has never added to the property. Mr, Ritter asked for the zoning on the property and Mr. Sobotka replied that 0 Codes Enforcement Board Meeting - 6/11/85 Page 3 the property was zoned Industrial. Ms. Sikora stated that a variance may be available to solve the problem of storage in the setbacks. Ms. Sikora stated that the law requires that the property be fenced. Mr. Sobotka stated that he didn't think it was necessary because of the property being zoned Industrial. Mr. Gougelman stated a point of interpretation on violation of 620.20, the property is not abutting a residential area. Ms. Sikora stated that section 602.3D was referring to refuse trash dumps and junkyards. Motion by Ms. Sikora, seconded Ms. Martin to find the respondent in violation of 620.20 and given until August 5, 1985 to bring into compliance or apply for a variance. If not in compliance by August 5, 1985, the respondent to reappear before the board on August 6, 1985. Mr. Sobotka stated that he believed that he was already in compliance. Ms. Sikora stated that the photographs showed that a problem exists. Motion carried by a unanimous roll call vote. Case No. 37, TG & Y Family Center, Mr. Jack Childs, Manager, 250 N. U.S. Highway 17-92 and Orlando Five Associates, 8 West 40th St., 10th Floor, New York, NY. Violation of Appendix A, Sections 620.20 and 620.2D. Secretary read the charges and officer Rossi presented the case. Officer Rossi stated the Violation continued for a period of two months and involved construction of an outdoor display. He stated the display was disassembled in April and he recommended that the case be tabled. Motion by Ms. Sikora to dismiss the case without prejudices because property is in compliance. Motion died for lack of a second. Motion by Ms Martin, seconded by Mr. Taddeo to table the case until the next meeting on July 2, 1985. Motion failed by a vote of three to two with Ms. Sikora, Mr. Ritter and Mr Fleck voting nay and Mr. Taddeo and Ms. Martin voting aye. Motion by Mr. Taddeo to call a special meeting if violation occurs again. Mr. Taddeo withdrew his motion because it was not legal. Motion by Ms. Sikora, seconded by Mr. Taddeo to dismiss the case without prejudice. Motion carried by four to one vote with Mr. Fleck, Ms, Sikora, Ms. Martin and Mr. Taddeo voting aye and Mr. Ritter Voting nay. Case No. 43, Evelyn V. Greenfield, 920 Alameda Drive, Longwood, FL. Violation of Appendix A, Sections 601.31 and 607.2. Secretary read the charges and officer Rossi presented the case. Officer Rossi presented exhibit 1, City of Longwood occupational License showing that babysitting was permitted for no more than five children, exhibit 2, a list of children, exhibit 3, an affidavit from Mr., Michael R. D' Asto, HRS representative, exhibit 4 and 5 , copies of warnings issued to Mrs. Greenfield. Mr. Fleck asked if Mrs. Greenfield was present. Mrs. Greenfield was sworn under oath. Mrs. Greenfield stated that she goes to the house of the mothers if a child is sick. She stated that she is not just babysitting, she is a grandmother and the children get love and attention. Mrs. Greenfield stated that she had too many children but was just trying to help out. Ms. Sikora asked if it was babysitting or child care. Mrs. Greenfield stated just call it grandmom's house. Mr. Larry Shores, 1318 Dunhill Drive, was sworn under oath. He stated that Mrs. Greenfield was babysitting for more ten children but she has only five now. Ms. Carol Sienko was sworn under oath. She stated that it was important A nk • Codes Enforcement Board Meeting - 6/11/85 Page 4 that Mrs. Greenfield kept only five children because she was keeping her son. Ms. Sienko stated that she would not have had another child if she didn't have Mrs. Greenfield to care for her children. Mrs. Greenfield stated that she didn't know how to say no. Ms. Barbara Sullivan was sworn under oath. She stated that Mrs. Greenfield had babysat more than five children but she would only babysit five children now because she didn't want to have her license pulled. Mr. Fleck stated the issue was whether Mrs. Greenfield babysat more than five children. Ms. Martin stated Martin stated that the occupational license showed that no more than five children were permitted. Mr. Fleck stated that Mrs. Greenfield was charged with babysitting more than five children and she stated under oath that she would not babysit for more than five children and would abide by the law. Mrs. Greenfield stated that this was true. Motion by Ms. Sikora, seconded by Ms. Martin to dismiss charges without prejudice. Motion carried by a unanimous roll call vote. 4. Unfinished Business. None. 5. Presentation of Filed Affidavits of Violations. Case No. 44, Mary Francis Baker, 1204 1/2 CR 427, Longwood, FL and Jesus M. Figueroa, 1623 Santa Praxeded URB, Sagrado Corazon, Republic of Puerto Rico. Violation of Appendix A. Sections 618,6B2, 6B3, and Chapter 12, Sections 12-2(2) (3) . Officer Rossi presented the case. He presented exhibits 1 and 2, copies of warnings, exhibit 2 ■ a computer print out showing the owner of the motor home, and exhibits 4 5, 6. and 7, photographs of the property. officer Rossi stated that the property was still in violation. Motion by Mr. Taddeo to find probable cause and that a public hearing be set for July 2, 1985. Ms. Sikora added to the motion that the property owners and owner of the motor home be notified of the hearing. Motion was seconded by Mr. Ritter. Motion carried by a unanimous roll call vote. 6. New Business. Ms. Sikora asked about the progress of eliminating the probable cause hearing. Mr. Dorman stated that he was working on it. 7. Adjournment. Motion by Mr. Taddeo to ajourn meeting. Mr. Ritter stated that he wanted to commend Officer Rossi for his work. Motion seconded by Mr. Ritter. Motion carried by unanimous Voice vote. Meeting adjourned at 10:07 P.M. " . Walter Fleck, Chairman Attes , Ma4y Tr' Lett, Secretary