02-28-1995 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING
HELD ON February 28, 1995
CALL TO ORDER
Chairman Sills called the regular meeting of the Ocoee Board of Code Enforcement to order
at 7:30 p.m. in the commission chambers of City Hall and led in the pledge of allegiance.
Alternate Member Linebarier led in prayer. The roll was called and a quorum declared
present.
PRESENT: Chairman Sills, Vice Chairman Carlsson, Members Chestney, Lenko, Shagner,
Alternate Members Santo and Linebarier. Also present were Attorney Cool,
Building and Zoning Director Flippen, Code Enforcement Officers Braddy and
Simon, Fire Inspector Clement, Deputy Clerk Seaver and Clerk/Stenographer
Lewis.
ABSENT: Members Alexander and Barnett (excused).
Before calling for items requiring a vote, Alternate Member Linebarier questioned whether
alternate members were voting and Chairman Sills said that it would be unnecessary as five
regular members were present.
APPROVALS
This item consisted of the Minutes of the January 24, 1995 Code Enforcement Board meeting.
Vice Chairman Carlsson asked for a deletion of the word "not" on page four, second
paragraph, "...that he had learned a lesson on this case and did net think Ms. Boeh had the right
to have the fine dropped." Vice Chairman Carlsson, seconded by Member Shagner, moved
to approve the Minutes, as amended, of the January 24, 1995 Code Enforcement Board meeting.
Motion carried 5-0.
COMMENTS FROM CITIZENS
Alice M. Stevens, Lot 62 E. Circle Key, Pioneer Key I, expressed concern about possible
violations in the trailer park and asked permission to show some pictures of the violations.
Chairman Sills said if the violations might be brought before the Board as a non-compliance,
the Board should not see any pictures or hear testimony until it was brought before the Board
by the Code Enforcement Officer. Vice Chairman Carlsson appreciated Ms. Stevens coming
before the Board but recommended that she take the complaints and pictures to the Building
Department.
HEARINGS OF STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF
HEARING
The description of the violation(s) and the dates of inspection(s) will be given at the beginning
of each case. Code representation: NOCV - Notice of Code Violation; NOH - Notice of
Hearing; SOV - Statement of Violation(s); and POS - Proof of Service.
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Code Enforcement Board Meeting
Wry February 28, 1995
95-09, ARTHUR O. &/OR ALINE DESJARDINS
1/3/95 NOCV - Re-inspection date:2/6/95 2/13/95 NOH - Board Meeting Date:2/28/95
2/13/95 SOV 2/13/95 POS - Mail - Cert#P882 518 427
Chairman Sills stated for the record that no one was present to represent the case and upon his
request, Code Enforcement Officer Simon was sworn in by Deputy Clerk Seaver. Officer
Simon testified that in Case No. 95-09, a NOCV was sent to the property owner, Arthur O.
&/or Aline Desjardins, as identified by Orange County Tax Records. The violation at 1490
Foxfire Drive was for Ocoee Code of Ordinances Chapter 165-3(A): No person shall abandon
or keep any junk vehicle on any public or private property within the corporate city limits of
Ocoee. A white compact vehicle without a tag had grass growing around it and the respondents
were given until January 13, 1995 to bring the property into compliance. On February 13, the
renter, Teresa Strand, and the property owner requested and were granted an extension. A re-
inspection made on February 24, 1995 produced a status of compliance. Vice Chairman
Carlsson, seconded by Member Lenko, moved to find Arthur O. &/or Aline Desjardins, Case
No. 95-09, in non-compliance as of January 13, 1995 but in compliance as of February 24,
1995, and that no fine be imposed at this time. Motion carried 5-0.
95-10, HAROLD &/OR TERESA STRAND
1/3/95 NOCV - Re-inspection date:2/6/95 2/13/95 NOH - Board Meeting Date:2/28/95
2/13/95 SOV 2/13/95 POS - Mail - Cert#P882 518 428.
Chairman Sills said there was no one present to represent the case. Code Enforcement Officer
Simon stated that Case No. 94-10 is the renter of Case 94-09, located at 1490 Foxfire Drive.
Ms. Simon requested a correction to January 13, 1994 for the compliance date. Vice Chairman
Carlsson seconded b Member Chestne moved to find Harold&/or Teresa Strand Case No.
95-10 in non-com.liance as of Janua 13 1995 but in com'Hance as of Febru. 24 1995
and that no fine be imposed at this time. Motion carried 5-0.
95-11, MARBAIS PROPERTY MANAGEMENT, INC.
1/7/94 NOCV - Re-inspection date:2/6/95 2/13/95 NOH - Board Meeting Date:2/28/95
2/13/95 SOV 2/13/95 POS - Mail - Cert#P882 518 429
Chairman Sills stated for the record that no one was present to represent the case. Code
Enforcement Officer Simon stated the history of Case No. 95-11, located at 101 Cypress Key
Court, and presented photographs of the property in violation for Board review. Several
informal inspections had been done and Mr. Marbais had attempted to correct the problem by
patching the roof. The Building Department had continued to get complaints from the residents.
A NOV for violation of Chapter 108-7 Minimum Standards Code: Maintenance required: The
roof is not being maintained in a safe and sanitary condition. Also, for violation of Chapter
108-23 E Minimum Standards Code, Roofs: The roof has defects which allowed rain and
dampness in the walls and interior portion of the building.
Mr. Marbais had hired a contractor after receiving the NOV on December 8, 1994, and a permit
was pulled for that location to do the work. On February 28, 1995 Officer Simon requested
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Code Enforcement Board Meeting
February 28, 1995
that municipal inspector Gary Larson re-inspect the property. The owner, to date, had not
requested a re-inspection. The Board was given a copy of the re-inspection sheet.
Discussion ensued on whether the respondent was in full compliance and Attorney Cool
explained that Code Enforcement Officer Simon had testified that they were now in compliance
and if the Board was going to find them in non-compliance that testimony would be needed to
support that motion. Chairman Sills said that the inspector who had inspected the property in
violation was not present to testify. In response to Member Lenko's question, Attorney Cool
said that the Board could take the inspection ticket as evidence. Member Lenko, seconded by
Member Sha er moved to find Marbais Prose Mana.ement Inc. Case No. 95-11 in
violation of Chapter 108-7 Minimum Standards Code, Chapter 108-23 E Minimum Standards
Code, and that the property should be brought into compliance by March 21, 1995 or be fined
$50 a day thereafter. Motion carried 5-0.
95-12, WINFRED &/OR FAYE CHASTIN
2/8/95 NOCV - Re-inspection date:2/20/95 2/21/95 NOH - Board Meeting Date:2/28/95
2/21/95 SOV 2/21/95 POS - Delivery- Faye Chastin
Officer Simon testified that she had been given a complaint on February 1, 1995 by the Building
Official of the respondent painting tractor trailers and semi-trucks at 606 Sanders Drive. Upon
an investigation, she had observed a tractor truck with the windows totally newspapered, taped,
Lir prepped, and premiered for painting. A large number of tires were also observed in the
compound area of the yard. A NOV was sent to the owners of the property, Winfred &/or Faye
Chastin, as identified by Orange County Tax Records, for violation of City Ordinance Chapter
119-2: It shall be unlawful for any person to engage in any business, occupation, or profession
within the City without a license issued hereunder... Officer Simon had made several "drive
bys" after that date, observing several large commercial trailers at that location. Another
neighbor had complained that the respondent was continuing with the painting and the noxious
odors and fumes were disturbing them. On February 23, 1995, Mr. Chastin spoke with Officer
Braddy about getting an occupational license for a mobile tire business. He stated that the
neighbor didn't mind and that several would testify on his behalf. Officer Simon had explained
that she could not give him a variance or permission to override the City Ordinance.
Discussion ensued on whether City Code would allow a permit to operate such a business in a
residential area and a video of the property in violation was shown for Board review. Officer
Simon said that the respondent had received an occupational license application but was not in
compliance as he had not gotten the license.
Winfred Chastin, 606 Sanders Drive, was sworn in by Deputy Clerk Seaver and he stated that
he was working on the problem and had plans for getting rid of the truck tires. He had only
painted one tractor out there in the last two and one-half years. Mr. Chastin intends to finish
the application for the occupational license by the end of this week. There had been no time to
do it.
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Code Enforcement Board Meeting
February 28, 1995
In response to Alternate Member Linebarier's question, Mr. Chastin said that he had been
briefly informed, when applying for an occupational license, about what he could legally do in
a residential neighborhood. Vice Chairman Carlsson, seconded by Member Lenko, moved
to find Winfred&/or Faye Chastin, Case No. 95-12, in violation of operating a business without
an occupational license out of their residence and be given until March 14, 1995 to come into
compliance, or be fined $100 a day thereafter. Motion carried 5-0. Attorney Cool instructed
Mr. Chastin about the process necessary to comply and Chairman Sills directed him to contact
the Building Department.
Alternate Member Linebarier left the meeting at 8:21 p.m. and returned at 8:23 p.m.
95-13, RICHARD S. SEDERLAND
2/13/95 NOCV - Re-inspection date:2/20/95 2/21/95 NOH - Board Meeting Date:2/28/95
2/21/95 SOV 2/21/95 POS - Delivery/Mail- Cert#P882 518 451
Chairman Sills stated that no one was present to represent the case. Code Enforcement
Officer Simon testified that on February 13, 1995 a NOV had been sent to Richard Sederland,
identified as the property owner by the Orange County Tax Records, located at 702 Crystal
Drive for violation of Chapter 165-3 Prohibited acts (a): No person shall abandon or keep any
junk vehicle on any public property or any private property within the corporate limits of the
City of Ocoee. A blue station wagon had been observed which had been inoperable without a
current license tag. Chapter 115-3 Creation Prohibited: No person shall allow to be dumped,
placed, accumulated or otherwise located on lands or premises owned by such person within the
City any nuisance and menace to public health, safety and welfare... There had been
accumulated trash observed in the rear yard. Chapter 108-23 (0): Garages, storage buildings
and all other accessory structures shall be maintained and kept in good repair and sound
structural condition.
Mr. Sederland had been given until February 18, 1995 to bring the property into compliance.
On February 20, 1995 a re-inspection was done that produced a status of non-compliance and
a NOH and a SOV for this Board meeting was sent to the property owner on February 21, 1995.
Both the renter and the property owner had contacted Officer Simon by phone after receiving
the Notice to this hearing, and requested a re-inspection. The property, upon re-inspection on
February 28, 1995 was in compliance. Officer Simon said that the respondent had removed the
station wagon, cleaned up the trash, and had re-enforced the accessory structure. Member
Lenko, seconded by Member Chestney, moved to find Richard S. Sederland, Case No. 95-13,
in non-compliance of Chapters 165-3, 115-3, 108-23Q, as of February 18, 1995 but in
compliance as of February 28, 1995 and no fine be assessed. Motion carried 5-0.
95-14, RUSSELL LeBLANC
2/13/95 NOCV - Re-inspection date:2/20/95 2/21/95 NOH - Board Meeting Date:2/28/95
2/21/95 SOV 2/21/95 POS - Delivery - Russell LeBlanc
Vice Chairman Carlsson said that Case No. 95-14, Russell LeBlanc, was the same as Case No.
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Code Enforcement Board Meeting
February 28, 1995
95-13. Officer Simon said that Richard S. Sederland is the owner, and Russell LeBlanc is the
renter of the property located at 702 Crystal Drive. Member Lenko, seconded by Member
Chestney, moved to find Russell LeBlanc, Case No. 95-14, in non-compliance of Chapters 165-
3, 115-3, 108-23Q, as of February 18, 1995 but in compliance as of February 28, 1995 and that
no fine be assessed. Motion carried 5-0.
95-16, DUGETTI'S
2/8/95 NOCV - Re-inspection date: 2/20/95 2/21/95 NOH Board Meeting Date: 2/28/95
2/21/95 SOV 2/21/95 POS (Delivery to Business)
Chairman Sills said that no one was present to represent the case. Code Enforcement Officer
Simon stated that the property in violation was located at 1402 Silver Star Road. On
February 8, 1995 a NOV was sent to the business, Dugetti's, at the above address. Officer
Simon corrected the original SOV and NOV, that the re-inspection date was February 9, 1995.
The respondent had been given to February 18th to comply. A NOV was sent on February 8,
1995 for violation of Standard Fire Prevention Code 1991 Edition - 603.19 - Fire Suppression
systems for cooking operations. 603.19.1 Commercial cooking operations must be protected in
accordance with Section 308 Exhaust systems of the Mechanical Code. 603.19.2 Dry chemical
extinguishing systems shall be installed in accordance with the Mechanical Code and NFPA 17-
Dry Chemical extinguishing systems. 603.19.3- Plans and Specifications for the installation of
any chemical fire suppression system shall be submitted for review and approval prior to any
1610. work being done.
On February 6, 1995, Officer Simon had a conversation with Fire Inspector Clement who had
had an on-going inspection with Dugetti's dating back to around November 21, 1994, and had
not felt it necessary to do a physical walk-through as Inspector Clements had been in the
building/restaurant several times, noticing that the Fire Suppression system was not there. Also,
the respondent had not started a plan review or gone to the fire inspector. Officer Simon knew
that the violation had not been corrected. On February 20, 1995, Officer Simon and Fire
Inspector Clement re-inspected the property that produced a status of non-compliance. A SOV
and a NOH to this Board hearing was hand delivered by Officer Simon on February 21, 1995
to Mike Taylor, listed as the business owner. There had been no contact from Dugetti's for re-
inspection, nor submission of any plans to the Fire Department, and she concluded that the
property to date was still in non-compliance.
Fire Inspector Clement was sworn in by Deputy Clerk Seaver, and said that this had been an
on-going (violation). When the problem had been taken to the Captain and the Chief, Fire
Inspector Clement learned that the Department had been trying to get a hood suppression
system in there for years. The Captain also informed her that the respondent had made a cutting
board to fit over the stove.
Mike Taylor, 1802 Shubert Street, was sworn in by Deputy Clerk Seaver, and stated that he
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Code Enforcement Board Meeting
February 28, 1995
had just taken over the business in November and was not aware of problems prior to that time.
He said that he had spent $2500 for electrical violations that had been fine two weeks earlier,
and he was now being asked to spend $3700 for a suppression system to boil water. Mr.
Taylor did not believe there was a fire hazard as he was not cooking with grease.
Building and Zoning Director Don Flippen was sworn in by Deputy Clerk Seaver, and said
that the business had been there a long time. The license had been transferred, for a $3 fee,
from one person to the next. Director Flippen said that, to his knowledge, there had not been
an occupational license inspection there in quite a while. Only new businesses receive an
occupational license inspection.
Discussion ensued on a method that Mr. Taylor could use to come into compliance.
Member Chestney, seconded by Vice Chairman Carlsson, moved to find Dugetti's, Case No.
95-16. in violation of Standard Fire Prevention Code 1991 Edition 603.19, 603.19.1, Section
308, Mechanical Code 603.19.2, and Mechanical Code 603.19.3, and that they be given until
March 14, 1995 to come into compliance or be fined $100 a day thereafter.
Chairman Sills said the floor was opened for discussion. Member Lenko, seconded by
Member Shagner, moved to amend the original motion to change the date to March 7, 1995.
Motion carried 4-1. Member Chestney voted "nay".
Chairman Sills then asked for the vote on the original motion. Motion carried 4-1. Member
Chestney voted "nay". Chairman Sill explained to Mr. Taylor that the burden rests upon him
to contact the City when he was in compliance.
95-17, REAL ESTATE DEPT. OF CUMBERLAND FARMS
2/8/95 NOCV - Re-inspection date: 2/20/95 2/21/95 NOH Board Meeting Date: 2/28/95
2/21/95 SOV 2/21/95 POS (Delivery/Mail-Cert# P882-518-452)
Chairman Sills stated for the record that no one was present to represent the case. Code
Enforcement Officer Simon said that Case No. 95-17 was the same as Case No. 95-16, and
Cumberlands Farms was the property owner of 1402 Silver Star Road and Dugetti's is the
business; Mr. Taylor was the business owner. Ms. Simon said that the respondent had
contacted her in the past but did not on this violation. Vice Chairman Carlsson, seconded by
Member Shagner, moved to find Real Estate Dept. of Cumberland Farms, Case No. 95-17, in
violation of Standard Fire Prevention Codes 1991 Edition 603.19, 603.19.1, Section 308 Exhaust
system, Mechanical Code 603.19.2, Mechanical Code 603.19.3, and give them until March 7,
1995 or be fined $100 a day thereafter. Motion carried 5-0.
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February 28, 1995
95-18, DAVID DINGLEY
2/13/95 NOCV - Re-inspection date: 2/21/95 2/21/95 - NOH Board Meeting Date 2/28/95
2/21/95 SOV 2/21/95 POS - Delivery by OPD - Gloria Dingley
Code Enforcement Officer Simon testified that a NOV had been sent to David Dingley, the
owner of the property as identified by the Orange County Tax Records, and located at 809
Apricot Drive for violation of Chapter 115-2. Creation Prohibited: No person shall dump or
cause to be dumped or place or cause to be placed on any lands or premises within the City any
nuisance and menace to Public Health. The accumulation of building materials and debris to the
rear of the property had been observed. On February 21, 1995, and as of today's date, a re-
inspection had produced a status of non-compliance.
A video of the property in violation was shown for Board review. An anonymous complaint had
been received that included a problem of rats and building debris to the rear yard.
Gloria Dingley, wife of the respondent residing at 809 Apricot Drive, was sworn in by Deputy
Clerk Seaver, and stated that the debris was construction material and a skateboard ramp.
Attempts in getting her son to clear the ramp had been unsuccessful. Vice Chairman Carlsson
asked about the wooden pallets and Ms. Dingley did not see where the pallets raised a health
hazard.
Vice Chairman Carlsson questioned how much time was needed to come into compliance and
Ms. Dingley said that two or three weeks would give her plenty of time to remove the material
and ramp. Member Lenko informed Ms. Dingley of the consequences if the property was not
brought into compliance, including the possibility of fines, liens against the home, and that the
City could foreclose in such an event.
Vice Chairman Carlsson, seconded by Member Chestney, moved to find David Dingley, Case
No. 95-18, in non-compliance and give him until March 14, 1995 to come into compliance or
be fined $100 a day thereafter. Motion carried 5-0.
RECESS 9:08 - 9:16 p.m. Chairman Sill called the meeting back to order.
95-19, JOHN R. PELLEGRINO, JR.
2/8/95 NOCV - Re-inspection date: 2/21/95 2/21/95 NOH Board Meeting Date: 2/28/95
2/21/95 SOV 2/21/95 POS - Hand Delivery - John R. Pellegrino, Jr.
Chairman Sills stated for the record that no one was present to represent the case. Code
Enforcement Officer Simon said that John R. Pellegrino, Jr., Case No. 95-19, is the tenant of
Joan B. Pellegrino, Case No. 95-20, the owner. Officer Simon testified that on February 8,
1995 a NOV was sent to the renter as identified by the City of Ocoee water records as being
John R. Pellegrino, Jr., located at 710 Crystal Drive, for violation of City Ordinance Chapter
165-3 Prohibited acts (a): No person shall abandon or keep any junk vehicle on any public
property or any private property within the corporate limits of the City of Ocoee. A Monte
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Code Enforcement Board Meeting
February 28, 1995
Carlo had been parked in the yard without a current license tag. The respondent had been given
until February 18, 1995 to come into compliance and upon re-inspection the tag located on the
Monte Carlo did not belong to that vehicle. Another re-inspection on February 21, 1995 found
the tag gone and the vehicle still in violation. As of today's date, the property had been brought
into compliance. Mr. Pellegrino, Jr. had removed the vehicle. Member Lenko, seconded by
Member Shagner, moved to find John R. Pellegrino, Jr., Case No. 95-19, in violation of
Chapter 165-3 on February 18, 1995 and that he is in compliance on February 28, 1995, and
that no fine be assessed. Motion carried 5-0.
95-20, JOAN B. PELLEGRINO
2/8/95 NOCV - Re-inspection date: 2/21/95 2/21/95 NOH Board Meeting Date 2/28/95
2/21/95 SOV 2/21/95 POS - Mail - Cert#P882-518-453
Code Enforcement Officer Simon asked that Case No. 95-20 be dismissed. Vice Chairman
Carlsson, seconded by Member Chestney, moved at the request of the City to dismiss Case
No. 95-20, Joan B. Pellegrino. Motion carried 5-0.
95-21, SANDRA HODGE
2/11/85 NOCV - Re-inspection date:2/22/95 2/22/95 NOH - Board Meeting Date: 2/28/94
2/22/95 SOV 2/23/95 POS - Delivery - Brenda Hodge
Chairman Sills stated for the record that no one was present to represent the Case. Code
Enforcement Officer Simon testified that on February 11, 1995, a NOV was sent to the renter,
Sandra Hodge at 78 Siesta Key Court, as identified as the owner by the City of Ocoee records,
for violation of City Ordinance Chapter 115-2. Creation Prohibited: No person shall dump or
cause to be dumped or place or cause to be placed on any lands or premises within the City any
nuisance and menace to Public Health. A large amount of miscellaneous debris, trash, furniture,
chairs, sofas, etc. had been observed. On February 21, 1995, the property had been re-
inspected producing a status of non-compliance, and the NOH to this meeting and a SOV was
hand delivered by Officer Simon. The property, as of today's date, had been brought into
compliance. Member Lenko, seconded by Member Shagner, moved to fmd Sandra Hodge,
Case No. 95-21 in non-com.liance of Cha s ter 115-2 as of Februa 21 1995 but in com.liance
as of February 28, 1995, and that no fine be assessed. Motion carried 5-0.
95-22, DEBRA J. DURRETT
1/23/95 NOCV - Re-inspection date: 2/22/95 2/22/95 NOH - Board Meeting Date:2/28/95
2/22/95 SOV 2/23/95 POS - Delivery
Chairman Sills said for the record that no one was present to represent the case. Code
Enforcement Officer Simon explained that Case No. 95-22 was the same as Case No. 95-21.
Wayne Efford, 203 S. Cumberland, was sworn in by Deputy Clerk Seaver, and stated that he
had talked to Ms. Durrett on February 21, 1995 and "raised Cain" about the trash. Mr. Efford
testified of the respondent's negligence in removing the trash and debris and said that he had
hauled away about four cubic yards of junk. He commended the Code Enforcement Officers
for doing their jobs well. Vice Chairman Carlsson, seconded by Member Chestney, moved
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Code Enforcement Board Meeting
February 28, 1995
to find Debra J. Durrett, Case No. 95-22, in non-compliance as of February 21, 1995 but in
compliance as of February 28, 1995 and that no fine be imposed at this time. Motion carried
5-0.
OTHER BUSINESS
94-70, WAL-MART
The Affidavit of Compliance was presented to the Board for this case. Attorney Cool
questioned the Affidavit of Compliance which indicated compliance after the compliance date.
Code Enforcement Officer Simon stated that it had been an oversight on their part when
Deputy Clerk Seaver was away on leave. The re-inspection had not been done on the actual
date. Vice Chairman Carlsson, seconded by Member Chestney, moved to find Wal-Mart,
Case No. 94-70, in compliance as of February 22, 1995, and no fine be imposed at this time.
Motion carried 5-0.
94-71, LAKENDON, INC.
The Affidavit of Compliance was presented to the Board for this case. Vice Chairman
Carlsson, seconded by Member Chestney, moved to find Lakendon, Inc., Case No. 94-71, in
compliance as of February 22, 1995, and no fine be imposed at this time. Motion carried 5-0.
95-02, RICHARD A. &/OR WENDY BRINKMAN (900 Jamela Avenue)
A Notice of Dismissal was presented to the Board for this case.
95-03, JORGE JUAREZ AGUILAR (900 Jamela Avenue)
An Affidavit of Compliance was presented to the Board for this case.
95-07, DANNY J. &/OR PATTI HELMS (498 Kindling Court)
Code Enforcement Officer Simon stated that, upon re-inspection on February 27, 1995, the
respondents were in compliance. A Compliance Order was presented to the Board for this case
and an Affidavit of Compliance will be presented at the next meeting.
Code Enforcement Officer Simon and Building and Zoning Director Flippen left the meeting
at 9:41 p.m.
JERRY L. JONES, STATEMENT OF EVIDENCE
Attorney Cool reported on the correspondence, transcript, and the appeal. As part of the
appeal, the court was asking the Board to confirm that the transcript is true and correct of the
meeting on April 27, 1993. At Attorney Cool's request the City replayed the audio tape and
addressed any inaccuracies in the transcript. The Board requested the following changes:
Page 1, Line 23 should read "... that encroaches on the site sight ..."
Page 2, Line 17 should read "... which obstructs site sight lines ..."
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Caw Code Enforcement Board Meeting
February 28, 1995
Page 2, Line 23 should read "... to form a safe site sight triangle on the area ..."
Page 6, Line 7 should read "...MEAN NEAL McSHANE: We ..."
Page 12, Line 1 should read "...LARY LARRY CHESTNEY: ..."
Page 13, Line 8 should read "...MR. McSHANE: -- That Mr. Cheste Chestney ..."
Page 13, Line 9 should read "...My name is Carlson Carlsson, ..."
Page 14, Line 19 should read "... hold it to be unconstitutional constitutional, ..."
Page 15, Line 17 should "MALE VOICE FRANK CARLSSON ..."
Code Enforcement Officer Braddy left the meeting at 10:04 p.m.
Vice Chairman Carlsson, seconded by Member Chestney, moved to accept the STATEMENT
OF THE EVIDENCE OF PROCEEDINGS PURSUANT TO FLORIDA RULE OF APPELLATE PROCEDURE
9.200 AND PURSUANT TO THE JUNE 17, 1994 ORDER ENTERED BY THE HONORABLE LINDA A.
GLOECKNER, as amended. Motion carried 5-0.
Attorney Cool said the corrections will be made and then submitted to the Court. The
respondent, Jerry Jones, had appealed the case to the Circuit Court.
95-08, EDITH H. JACKSON - This item was not on the agenda.
Alternate Linebarier said that the Board had not received a Certificate of Compliance on Case
No. 95-08, Edith H. Jackson. The respondent had been found in compliance on January 24,
1995. Deputy Clerk Seaver would check into the paperwork.
Chairman Sills presented a letter of thanks from Bobbie Boeh regarding Case 94-17, Jean
LePage Thomas.
COMMENTS
City Manager: Not Present
Code Enforcement Officers: None
Police Department: None
Board Attorney reported that, at the last meeting, the Board had talked about the issue of one
person coming in and saying they are representing someone else. The Board had discussed
changing the Rules, or forms, to reference some sort of power of attorney, that someone would
need power of attorney to appear before the Board and represent the respondent. Attorney Cool
recommended that the Board NOT change these forms or its Rules. He pointed out that the
Florida Statutes say that the respondent can be represented personally or by an attorney, period.
Vice Chairman Carlsson cited an example and said he was only trying to find someway to
protect the Board. Attorney Cool said that the Board is protected, just by sticking to the fact
that the respondent can be represented in person, the respondent can be represented by an
attorney, but if anyone shows up and says "I am here to represent the respondent but I am not
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Code Enforcement Board Meeting
February 28, 1995
an attorney" then the chairman or someone else should say "You really cannot represent that
person by law but we will be happy to take whatever testimony you have to give." The minutes
would reflect that there was no one present to represent the respondent. The chairman could
say "You're here to give testimony and let the record show that the respondent was not present."
BOARD MEMBERS
Alternate Santo: None
Member Chestney: None
Vice Chairman Carlsson said that the bikes are increasing on Silver Star Road.
Member Shagner was glad to be back and was sorry that she had missed the last few months.
Member Lenko wanted the minutes of this Board meeting sent to the Mayor and City
Commissioners. She particularly wanted them to see the Comments From Citizens section.
Deputy Clerk Seaver announced that the minutes of all Board meetings are given to them.
Alternate Linebarier suggested that the Board Attorney inform an attorney representing a case
that they cannot make motions.
Attorney Cool explained why attorneys were not sworn in unless giving testimony.
Chairman Sills commended Deputy Clerk Seaver on the appearance of the Individual
Casedocket sheets.
ADJOURNMENT
The meeting was adjourned at 10:33 p.m.
APPROVED:
Attest:
rIP
A ! . A . 5:(...Ced
S erry Seaver 11 -puty Clerk 0 Sills, Chairman
iL J L
J Lewis, Clerk/Sten pher
4
11