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CEB_10-26-93_MinThe Codes Enforcement Board of the City of Longwood, Florida met on October 26. 1993 at 7:30 P.M. Present: Ernest Tolos, Chairman Gloria Latoski, Vice - Chairman Dana Addison Haywood Bundy Lynette Dennis Daniel Mantzaris, CEB Attorney Leslie Blau, City Attorney's Associate Cathy Price, Code Enforcement officer Dawn Jackson, Recording Secretary Absent. Warren Bull, excused George Valkenburg, excused 1. CALL MEETING TO ORDER The meeting was called to order at 7:30 P.M. by Chairman Tolos. 2, ROLL CALL The secretary called the roll and all members were present with the exception of Mr. Bull who was out of town and Mr. Valkenburg who had an eye infection. 3. ANNUAL ELECTION OF OFFICERS Chairman Tolos asked for nominations for the position of Chairman. Ms. Latoski nominated Mr. Tolos, seconded by Ms. Addison. At this time Mr. Tolos passed the gavel to the Vice - Chairman. Vice - Chairman Latoski asked for any further nominations. There were no additional nominations. The nomination of Ernest Tolos for Chairman carried by an unanimous roll call vote. Chairman Tolos asked for nominations for the position of Vice - Chairman. With no nominations made, Chairman Tolos nominated Ms. Latoski, seconded by Ms. Addison. Chairman Tolos asked for any further nominations, to which there were none. The nomination of Gloria Latoski for Vice - Chairman carried by an unanimous roll call vote. 4. ADOPTION OF 1993/1994 RULES AND REGULATIONS Ms. Addison questioned the new rules and regulations. She stated that under the Article VIII, Hearings; ( i ) was suppose to be included in (j ) . Mr. Mantzaris stated that he felt she was correct. Ms, Dennis requested that since she was not present for the Special Meeting that she would like the Board to review the changes together. Ms. Addison expressed that most of the Board was present for the meeting and that they worked for three hours. She didn't feel the Board needed to repeat that effort. It was a consensus of the Board not to review the changes of the Rules and Regulations at this time. Chairman Tolos extended the invitation to Ms. Dennis to make note of any areas of concern within the Rules and Regulations and it could be addressed at the next scheduled meeting. Ms. Addison made a motion to adopt the Rules and Regulations with the change under Article VIII, Hearings; to add (i) and (j) together, labeled as (i) The motion was seconded by Ms. Latoski. Motion carried by an unanimous roll call vote. 5. APPROVE MINUTES OF PREVIOUS MEETING: September 28, 1993 Ms. Latoski made a motion to approve the minutes from the September 28, 1993 meeting, seconded by Chairman Tolos. Motion carried by an unanimous voice vote. There was discussion regarding approving the minutes from the Special Meeting on September 20, 19 9 3 . Since the approval of these minutes were not included in the agenda, it was suggested that these minutes be included in the next agenda and approved at that time. 6. PUBLIC HEARINGS: Chairman Tolos asked that all individuals planning to speak please complete a respondent sign in sheet and submit it to the secretary. The secretary then swore in Ms. Price and all other persons planning to speak. A) APPEARANCES: 1. CEB- 93 -09 -2O Josephine C. Walsh & Philip J. and Judith W, LaRue Ms. Price presented the case and submitted pictures labeled as City Exhibit A. Ms. Price stated that in the past she has had to cite Ms. Walsh due to the high grass. Ms. Price suggested giving Ms. Walsh a week to mow the grass and bring the property into compliance or a fine of $100.00 per day be imposed until the property is brought into compliance. Chairman Tolos questioned Ms. Price regarding the statement that the property had been cited before. Ms. Price advised that in the past after the property was cited, Ms. Walsh would comply without bringing the case before the Board. Mr. Phillip Walsh spoke on behalf of his mother, Josephine C. Walsh. Mr. Walsh stated that he only received the Notice of Hearing today around 5:00 P.M. He requested that any correspondence be sent to him instead of his mother. He registered his address with Ms. Price. Mr. Walsh stated that he would prefer two weeks to bring the property into compliance, Ms. Dennis asked Mr. Walsh if he would also maintain the property after bringing it into compliance. Mr. Walsh expressed that he would also maintain the property. The Hearing was closed and the Board discussed the case. Motion by Mr. Bundy, seconded by Chairman Tolos that based on the evidence seen and testimony given to find the respondent, Josephine C. Walsh guilty of violating City Code, chapter 12, Section 12 -2 (1) and to give the respondent, Josephine C. Walsh 2 weeks or by November 9, 1993 to bring the property into compliance or a penalty of $100.00 per day will be imposed and will continue for each and every day of non- - compliance. Motion carried by a unanimous roll call vote. 2. CEB- 93 -10 -28 Samer M. Georgi Ms. Price advised the Board that this case came into compliance as of October 21, 19930 3, CEB- 93 -09 -21 Mary G. Gamble Ms. Price reminded the Board that they requested that this case be brought back this month, giving Ms. Price time to cite Mr. Turner, who owns the property behind Ms. Gamble. The violation was that the pool was not secured and the property is still not in compliance. Mr. Mantzaris expressed that the Board needed to hear Mr. Turner's case before continuing with Ms, Gamble's case, due to Ms. Gamble's case being heard last month. 4. CEB- 93 -10 -32 Philip and Muriel Turner Mr. Turner was cited for his pool not being secured at the rear property line, which is also Ms. Gamble's rear property line. Ms. Price's recommendation was that the pool be secured within 2 weeks or a fine of $150.00 per day be imposed as long as the pool remains unsecured. Mr. Turner spoke on his behalf. He stated that in trying to resolve this issue, he had Classic Fence give him an estimate. He further stated that he sent a copy of this estimate along with a letter registered mail to Ms. Gamble. He then read the letter to the Board and then submitted the letter as Respondent Exhibit B. He advised the Board that he has not heard any response from Ms. Gamble. Mr. Turner also submitted the estimate as Respondent Exhibit C and several pictures as Respondent Exhibit D. Ms. Gamble then explained her side of the issue. She stated that he wants her to bear the expense of removing the old f ence and pay half of the cost for the new fence which would mean that she is also paying half of the cost of the fence that will be only on his side. She stated that she did not want to share a fence with Mr. Turner. The Hearing was closed and the Board discussed the case. It was a consensus of the Board that Ms. Gamble and Mr. Turner can not share the fence. It was discussed that each property owner will need to bring their own property into compliance. Mr. Bundy stated that the reason for postponing Ms. Gamble's case for a month was to prevent requiring both individual to put up separate fences . Mr. Bundy questioned if one property owner puts up a fence does that mean the other is in compliance. It was a consensus of the Board that both property owners will have to put up a fence. If one owner erects a f ence that does not mean that the other owner is then in compliance, Mr. Bundy stated that he wants both Ms. Gamble and Mr. Turner to understand that they can't out wait each other in trying to come into compliance by use of the other's fence, Due to irreconcilable differences, both property owners will have to put up a fence. Returning back to case CEB-- 93- -09 -21, Mary G. Gamble; Ms. Dennis made a motion, seconded by Chairman Tolos, that based on the evidence seen and the testimony given to find the respondent, Mary G. Gamble, guilty of violating Zoning ordinance 495, Section 609.3A.1 (c) and to give the respondent, Mary G. Gamble 2 weeks or until November 9, 1993 to bring the property into compliance or a penalty of $150.00 per day will be imposed and will continue for each and every day of non - compliance. Motion carried by an unanimous roll call vote. In reference to case CEB- 93- 93- 10 -32. Philip and Muriel Turner; Ms. Latoski made a motion, seconded by Mr. Bundy, that based on the evidence seen and the testimony give to find the respondent, Philip and Muriel Turner, guilty of violating zoning Ordinance 495, Section 609.3A,1 (c) and to give the respondent, Philip and Muriel Turner 2 weeks or until November 9, 1993 to bring the property into compliance or a penalty of $150.00 per day will be imposed and will continue for each and every day of non- compliance. Motion carried by an unanimous roll call vote. Chairman Tolos asked both Ms. Gamble and Mr. Turner if they understood the ruling of the Board. Both stated that they did understand. 7, OLD BUSINESS: A) STATUS OF PREVIOUS OASES: 11 CEB-- 93 -09 -23 Lee A. Jenkins III & Susanne M. Ms. Price stated that this case is now in compliance. Mr. Mantzaris advised the Chairman that the Board should review the previous cases with pending liens. Ms. Blau stated that once the lien has been recorded, foreclosure proceeding can not begin for six months. She also stated that we would have to determine if any of these are homestead properties. Ms. Price advised the Board that the Sprint property is now in compliance. She will be filing an Affidavit of Compliance. Mr. Mantzaris stated that he spoke with Marilyn Crotty regarding the proposed seminar /instructional session. She advised him that for a fee of approximately $200.00 she and her staff would be willing to come to the City and give a two or three hour course on Advisory Board operating as an Executive Board. This could be a class for all members that serve on any Advisory Board for the City, It was the consensus of the Board that Mr. McFellin be advised of the offer and for him to address this request to the City Commission. 8, NEW BUSINESS Ms, Addison stated that going through the Code Book, she noted that the Building Codes were adopted in 1970, She questioned if the Code Board should ask for something a little more recent be adopted, Ms. Blau explained that the Code is not as old as it seems to be, she stated that they incorporate by reference the standard building codes which are changed every other year and amended every other year thereafter. There was some discussion regarding that the Board needs to determine the Finding of Fact with each case presented, Ms. Price stated that she will not be present for the November meeting. If there are cases to go before the Board, Mr. Culbertson will have to present them, 91 ADJOURNMENT Ms. Addison made a motion to adjourn the meeting, seconded by Mr. Bundy, Motion carried by an unanimous voice vote. Meeting adjourned at 9:10 P,M. Respectfully submitted, Dawn B, Jackson, Recording Secretary Ernest Tolos, Chairman