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HomeMy WebLinkAbout10-13-1986 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD OCTOBER 13, 1986 I. ROLL CALL PRESENT: Chairman John Linebarier, Vice Chairman Frank Carlsson, Member Ed Foley and Alternate Cathie Pollack, Attorney John Hatcher, Acting Building Official Cecil Hurst and City Clerk Helen Catron. ABSENT: Members Gary Carroll, Joe Marbais and Bob Sorenson were excused. Member Mary Ellen Frame. Chairman Linebarier called the meeting to order at 7:30 P.M. and led everyone in the Pledge of Allegiance to the flag. Mr. Carlsson then led everyone in prayer. II. REVIEW AND APPROVAL OF THE MINUTES Vice Chairman Carlsson moved to accept the minutes of the September 8, 1986 Meeting as presented, seconded by Ed Foley and approved unanimously. III. VIOLATIONS HEARINGS A. Gary & Wanda Grimes - Case 86-16 A continuance had been granted on this case at the last meeting on 9-08-86. City Clerk Catron swore in Acting Building Official Cecil Hurst. Mr. Hurst then presented the background facts on the case as he knew them. Gary and Wanda Grimes were not present. They had originally been cited on July 31, 1986 for 3 junk vehicles and had been given until August 6, 1986 to comply but nothing had been done, then they were granted a continuance at the last meeting until this meeting. Mr. Hurst stated he had checked as late as 3:00 p.m. today and they had not complied. The only difference was that there were now only two junk vehicles, a Black Pontiac and a Blue T Bird, he could not locate the Blue 'Beetle' VW. Attorney Hatcher asked if they had been served proper notification and Chairman Linebarier and Mr. Hurst responded that they had. Mr. Carlsson asked if Mr. Grimes was the owner of the vehicles or property and Sgt. Gailit stated that to the beat of his knowledge Mr. Grimes was the owner. Frank Carlsson moved that since Mr. & Mrs. Grimes were the owners of the vehicles to the best of our knowledge that they be fined $25.00 per day starting from the date of delivery until the vehicles are removed. Attorney Hatcher as a point of order stated that an Order to Comply had to be sent prior to fine. Mr. Carlsson amended his motion as follows: Cite Mr. & Mrs. Grimes according to reported violations, give until October 20, 1986 (7 days) to remove or get the 1976 Pontiac Trans Am and Ford Blue T Bird in operable and tagged condition, then if not done fine them $25.00 per day until 1 Page 2 CE8 Mooting October 13, 1986 made operable or removed, Ed Foley seconded. Mr. Carlsson asked Attorney Hatcher if they could give them until 11/13/86 and then have towed if they have not complied. Attorney Hatcher stated that he was not sure the City is authorized to tow the vehicles unless they adopt the proper ordinance. Chairman Linebarier stated that they had had 80 days to comply and he felt the $25.00 per day penalty was very lenient. Attorney Hatcher stated that when you have multiple violations you figure the penalty per violation per day. Chairman Linebarier said that he would support $100.00 per day fine and moved to amend the motion to make the fine $100.00 per day, Frank Carlsson seconded the amendment and the amendment passed unanimously. They then voted on the motion and it was approved unanimously. Mr. Hurst asked how this worked. Chairman Linebarier explained that if they don't comply the fine would accrue and if not paid, a lien would be placed on the property. B. Sam E. Murrell, Jr. - Case 86-21 This case was dismissed 10-9-86. C. Twin Lake Utility - Case 86-22 Cecil Hurst explained that on October 10, 1986 he met with the Superintendent at the site and they were working on cutting the grass and cleaning out and mowing the two large retention ponds. He felt they were about two thirds complete with the work to be done and that they were making sufficient progress. Ned DeMarce, Superintendent for Prima Vista Utilities, asked where they got the name of Twin Lake Utilities and the board explained that the names are determined by the tax rolls. Mr. DeMarce stated that they are Prima Vista Utilities and have not been Twin Lake Utilities for some time. He reported that they are going to redo all the berms and Pond A is in operation and Pond B is going to be reshaped as it is too steep to get the tractor or mower in to do what is needed to clean it up. Mr. Carlsson asked how long they would need to finish mowing and cleaning up the property. Mr. DeMarce stated that they had hired a contractor and it might take two weeks to complete the job. Chairman Linebarier said that the property should not be allowed to grow up to a point where it takes being cited by the City to get it cleaned up. Mr. DeMarce said that they are visited regularly by DER and the Orange County Health Department. Chairman Linebarier felt that if they were 60x done then 10 days should be sufficient time to complete the work. Frank Carlsson moved to give Prima Vista Utilites until sunset on 10-26-86 to complete the job and then a $25.00 per day fine thereafer if not 2 Peg. 3 CEB Meeting October 13, 1986 (be completed, Ed Foley seconded. The motion carried with Members Linebarier, Carlsson and Foley voting in the affirmative and Alternate Cathie Pollack abstaining. Mrs. Pollack stated that she was one of the complainants on this case prior to being appointed by the City Commission as a member; therefore, the reason for abstaining from voting. She will file the voting conflict form as required by law. Attorney Hatcher stated that they did not have a quorum for the motion and would have to table the motion until the next meeting, then if they have complied the motion would be mute. OTHER BUSINESS Compliance Orders and Notice of Compliances and Dismissals were sent on Shirley Belasky Cothern and Gary Bruton. A Notice of Dismissal was sent on Gerald Landis. Chairman Linebarier stated that at the last meeting he had requested Attorney Rhodes ask Attorney Hatcher to review the Junk Vehicle Ordinance and inform them if they need to make any changes. Attorney Hatcher said that he had not reviewed the new ordinance and did not have a copy. The clerk will send him a copy so he can review and report back to the board. City Manager Ryan had stated at the last meeting that the ordinance was intepretive and some of the problem was in Cly the administration or interpretation as far as enforcing the code. COMMENTS Attorney Hatcher said that he would coordinate with the City Manager and if he was willing he would speak with the Police Department and help them with the intepretation of the ordinance. Frank Carlsson said that if it was not in the minutes to reflect that Donald Barker was no longer on the board as his term had expired. Chairman Linebarier asked that Mary Ellen Frame be contacted by letter and see if she will be coming back to the meetings. ADJOURNMENT Frank Carlsson moved to ajourn, Ed Foley seconded and the motion carried unanimously. Meeting adjourned at 8:40 P.M. . L 3 Page 4 CEB Meting October 13, 1986 c 0 1 1 V. .64hfitul) ew airman Linebarier ATTEST: CAZ-et ) d1 —. City Clerk Catron 4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I AST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION,AUTHORITY, OR COMMITTEE 411°) Oi_Lac K e_ctkl-me.) 5"ectn MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY,OR COMMITTEE ON /� WHICH I SERVE IS A UNIT OF: CITY GI 3 Syrl nl^ L�J C '" • COUNTI' C IT) COUNTY OTHER LOCAL AGENCY J NAME OF POLITICAL SUBDIVISION: C31 q- IA CK-icqc__ co DATON WHICH NOTE OCCURRED MY POSITION IS: ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 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. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with 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. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting ojia-rrreasTrre wWfich inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly 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 minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: clbu should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CT I( R\I 813 I0-R6 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should 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 should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTERESTC f, • r I, 1M.- RôLc lc-, , hereby disclose that on i(0 _ I , 19 cs4 : (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 454_2 i i_c-61 4-0---2 I a_ hyikt A , 14,u I i --( 73 722e--2--4 &') ed-A--1-.2--e-e-i 2L---- (,,, e4.,,..,,,,d 1)/0 igc, J C7; Lam, 0 p—r--074- - • _ i_6_,,._, ___ c= ,..72,e ,ez,,, c.._<____ , R.... C� l/J 0,,, ,...„4„ziJ �2 a +'' ox_. _z_e_..,),-, .J , 7 ,c,i'e '/D46-7-4- '. o )/(- a't- / ,...2...-C 44.-,e 6e-73 L /! jatjir OzAJ 6/ 0°- ^-1- c ....C---- Z(..) t. r. & p 4. .-)J art__ fra,,._,_. (L. e 6/,,,.....) ,..,/," 7, 4017--,Zse.- ,c,c--- 4) 'ye,*_#c„t_1---) Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREEt 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 55,000. CL FORM 8B- 10-86 PAGE