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11-28-18 CEB MinutesMINUTES Code Enforcement Board Meeting Wednesday, November 28, 2018 - 6:00 PM Commission Chamber Present: Whitney Heflin, Member Louis Keith, Member Lindsay Norman, Member Richard Lombardi, Member Don Sasser, Member Benjamin de Luna, Member Absent: Judy Workman, Member Also Present: Brenna Durden, City Attorney (CA) Lori Diaz, Records Clerk Shane Corbin, Community Development Director 1. CALL TO ORDER Chair Ben de Luna called the meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL Secretary called the roll and a quorum was present. 4. APPROVAL OF MINUTES A. Approve minutes of the September 11, 2018 regular meeting of the Code Enforcement Board. MOTION: Approve minutes of the September 11, 2018 meeting of the Code Enforcement Board. Motion: Lindsay Norman Second: Don Sasser Whitney Heflin For Louis Keith For Lindsay Norman (Moved By) For Richard Lombardi For Don Sasser (Seconded By) For Benjamin de Luna For Code Enforcement Board November 28, 2018 Page 1 of 23 Motion passed 6 to 0. 5. ADMINISTRATION OF OATH Chair de Luna administered the Oath to attendees presenting testimony - staff, respondents, and witnesses. 6. OLD BUSINESS A. CASE #: 16-341 NAME: RSNS, LLC ADDRESS: 31 Royal Palms Drive CE (Code Enforcement) Officer Irizarry presented an update and new information regarding fence violations, the walk-in cooler and photos of the property were displayed. Since the last time this case was before this Board, the violation with the walk-in cooler and fence have been resolved by a civil agreement between Seafood Kitchen and the owner of the adjacent property. A variance was issued by the Community Development Board, and a cross -easement agreement has been established between both parties for use of the space between the buildings. With the main issues resolved, Seafood Kitchen has applied for the permits for the walk-in cooler and the fence. Staff recommends the Board find Respondent in compliance pending approval of the permits. Questions were asked regarding the permit process. Attorney Scott Thomas was present, representing Seafood Kitchen and addressed the Board. He stated the information provided by CE Officer Irizarry is accurate but stated that the cross -easement agreement will not be executed until the real estate closing is finalized. He stated he does not anticipate any further issues. All questions were answered. MOTION: To find the Respondent in compliance pending permit approval Motion: Richard Lombardi Second: Whitney Heflin Whitney Heflin (Seconded By) For Richard Lombardi (Moved By) For Louis Keith For Lindsay Norman For Don Sasser For Benjamin de Luna For Motion passed 6 to 0. B. CASE #: 17-285 NAME: Ossi Klotz, LLC Code Enforcement Board November 28, 2018 Page 2 of 23 ADDRESS: 1820 Mayport Road CE Officer Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported the citation is for a building which has been deemed unsafe due to extensive damage on the ceiling caused from water intrusion. To date, no repairs have been done to the building and the Respondent has not applied for permits. Attorney William Corley was present, representing Ossi Klotz, LLC. Mr. Corley reported the problem is an inability to get roof labor due to Hurricane Michael. Mr. Corley would ask the Board for additional time to come into full compliance. He updated the Board on the progress that has been made since July on other properties that are before the Board. All questions were answered. The Respondent stated that the tarp has been redone but no other work has been done to date. Construction Manager, Shawn Henderson was also present and gave the Board a status on the upcoming repairs to the roof. He also informed the Board that he is working to resolve the issue of the buildings physical address not lining up with the address in the property appraisers database. All questions were answered. MOTION: To extend the date of compliance for Case # 17-285 to January 8, 2019. Motion: Benjamin de Luna Second: Lindsay Norman Benjamin de Luna (Moved By) For Whitney Heflin For Louis Keith For Lindsay Norman (Seconded By) For Richard Lombardi For Don Sasser For Motion passed 6 to 0. C. CASE #: 17-286 NAME: Ossi Klotz, LLC ADDRESS: 1830 Mayport Road CE Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported that there has been no work done on the building and no permits have been applied for. Attorney William Corley was present, representing Ossi Klotz, LLC. Mr. Corley requested Respondent's, Construction Manager, Shawn Henderson, to speak to the status of the property's repairs. Mr. Henderson reported the building is being evaluated and, although the violation is for the roof, the work that needs to be done is quite involved as it includes repairs to the buildings structure. He requested the Board allow more time for Code Enforcement Board November 28, 2018 Page 3 of 23 inspections and to complete the process. He also stated there are violations at other locations in line to be repaired before this one. All questions were answered. MOTION: To extend the date of compliance for Case # 17-286 to January 8, 2019 Motion: Benjamin de Luna Second: Don Sasser Discussion ensued regarding the time it will weather conditios to extend compliance date Whitney Heflin Louis Keith Lindsay Norman Richard Lombardi Don Sasser (Seconded By) Benjamin de Luna (Moved By) take to draw plans, upcoming holidays and recent until the March meeting. Against Against For Against For For Motion failed 3 to 3. Motion does not pass. MOTION: To extend the date of compliance for Case # 17-286 to the March 12, 2019 meeting. Motion: Louis Keith Second: Whitney Heflin Whitney Heflin (Seconded By) Louis Keith (Moved By) Lindsay Norman Richard Lombardi Don Sasser Benjamin de Luna Motion passed 6 to 0. D. CASE #: 17-287 NAME: Ossi Klotz, LLC ADDRESS: 1850 Mayport Road For For For For For For CE Officer Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported that this property has been posted as unsafe due to the roof and multiple interior violations. CE Officer Irizarry stated permits have not been applied for to date. Code Enforcement Board November 28, 2018 Page 4 of 23 Attorney William Corley was present, representing Ossi Klotz, LLC. Mr. Corley reported that the non -conforming bathroom has been demolished, which resolves part of the building's violation. Mr. Corley stated the roof has not been worked on due to the shortage of roof labor. Construction Manager, Shawn Henderson, was also present and reported the permit has been issued for the roof. He also reported the roof is new but the material used is the wrong material and will have to be removed. He is now awaiting delivery of the new material and the proper weather to install it as it requires a specific temperature to adhere. All questions were answered. MOTION: To extend date of compliance for Case # 17-287 to January 8, 2019. Motion: Benjamin de Luna Second: Lindsay Norman Discussion ensued regarding the date of compliance being extended to the March 12, 2019 meeting versus the January 8, 2019 meeting. Benjamin de Luna (Moved By) For Whitney Heflin Against Louis Keith Against Lindsay Norman (Seconded By) For Richard Lombardi For Don Sasser For Motion passed 4 to 2. E. CASE #: 18-064 NAME: Ossi Klotz, LLC ADDRESS: 1850 Mayport Road CE Officer Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported that there are thirteen outstanding violations on this property's interior. She noted this property is the same address as prior cases before the Board today and has been Noticed as Unsafe by the Building Department. Ms. Irizarry reported that the Respondent has begun removal of unpermitted work that was done in the bathroom. CE Officer Irizarry reported that the Respondent has applied for permits and those permits are pending review by the Building Department. Attorney William Corley, representing Ossi Klotz, LLC was present and stated to the Board that the Respondent has made progess and is committed to getting the work done. Construction Manager, Shawn Henderson, was also present and updated the Board on the status of the building's repairs. He stated that there is an electrician on standby awaiting permit approval. Plans of all the interior layouts were submitted with permit Code Enforcement Board November 28, 2018 Page 5 of 23 applications. Mr. Henderson stated that compliance can be met if given until the March meeting as they need time to receive permits that are presently under review. MOTION: To extend date of compliance for Case # 18-064 to the March Meeting. Motion: Don Sasser Second: Whitney Heflin Whitney Heflin (Seconded By) For Louis Keith For Lindsay Norman For Richard Lombardi For Don Sasser (Moved By) For Benjamin de Luna For Motion passed 6 to 0. F. CASE #: 17-288 NAME: Ossi Klotz, LLC ADDRESS: 27 Edgar Street CE Officer Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported the property is not in full compliance, but the Respondent has received a permit. Work on the roof is in progress. Attorney William Corley, representing Ossi Klotz, LLC, was present and requested Respondent's Construction Manager, Shawn Henderson, testify to the status and progress on completion of the roof. Mr. Henderson stated the roof is a multiple -section roof. To date a portion has been completed and inspected, but there were some issues with another portion. Work is scheduled to begin as soon as new materials are delivered next week. He stated the work will be completed by January 8, 2019. MOTION: To extend date of compliance for Case # 17-288 to January 8, 2019. Motion: Richard Lombardi Second: Benjamin de Luna Whitney Heflin For Louis Keith For Lindsay Norman For Richard Lombardi (Moved By) For Don Sasser For Benjamin de Luna (Seconded By) For Motion passed 6 to 0. Code Enforcement Board November 28, 2018 Page 6 of 23 G. CASE #: 18-073 NAME: Ossi Klotz, LLC ADDRESS: 1844 Mayport Road CE Officer Irizarry presented the case history of the violations and displayed photos. Ms. Irizarry reported the violations were for multiple interior issues and for work being done inside the unit without a permit. No permit applications have been submitted for this building. CE Officer Irizarry reported there have been no change or repairs done and the property is still in violation. Attorney William Corley, representing Ossi Klotz, LLC, was present and requested Construction Manager, Shawn Henderson, testify to the status of the building's repairs. Mr. Henderson reported that he is finalizing the measurements of the interior spaces to submit with the permit applications. Mr. Henderson stated the electrician has attempted to receive permits to do electrical work but has been unsuccessful as the electrical work cannot precede the building permit. Mr. Henderson requested the Board allow them until the March meeting to complete the work. MOTION: To extend the date of compliance for Case # 18-073 to March 12, 2019. Motion: Louis Keith Second: Don Sasser Louis Keith (Moved By) For Whitney Heflin For Lindsay Norman For Richard Lombardi For Don Sasser (Seconded By) For Benjamin de Luna For Motion passed 6 to 0. H. CASE #: 18-046* NAME: Donnell Bernard Demps ADDRESS: 1342 Violet Street CE Officer Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported the citation was for inoperable vehicles in the driveway. Inspection revealed the vehicles are gone and the property is now in compliance. The property owner was not present. Code Enforcement Board November 28, 2018 Page 7 of 23 MOTION:: To adopt the staff recommendation, find Case # 18-046 in compliance. Motion: Lindsay Norman Second: Louis Keith Whitney Heflin For Louis Keith (Seconded By) For Lindsay Norman (Moved By) For Richard Lombardi For Don Sasser For Benjamin de Luna For Motion passed 6 to 0. I. CASE #: 18-084 NAME: Gwendolyn Ivory ADDRESS: 307 Skate Road CE Officer Irizarry presented the case history of the violation and displayed photos. Ms. Irizarry reported the citation was for an old dilapidated shed on the property. The shed has been removed and the property is no longer in violation. Ms. Irizarry recommended finding the property in compliance. The property owner was not present. MOTION: To adopt the staff recommendation, find Case # 18-084 in compliance. Motion: Louis Keith Second: Whitney Heflin Whitney Heflin (Seconded By) For Louis Keith (Moved By) For Lindsay Norman For Richard Lombardi For Don Sasser For Benjamin de Luna For Motion passed 6 to 0. Code Enforcement Board November 28, 2018 Page 8 of 23 J. CASE #: 18-113 NAME: Willie Johnson Estate ADDRESS: 1921 Mealy Street CE Officer Irizarry presented the case history and displayed photos. Ms. Irizarry reported there were three violations in this case. She reported two windows have been repaired and the lawn has consistently remained mowed. Ms. Irizarry reported that the property is still not in full compliance as there is a tarp on the roof. Desmond Demps Brooks, the new property owner, was present and administered the oath by Chair de Luna. Mr. Brooks explained that he received ownership of this property through probate in October. Attorney Allan Winter, representing Mr. Brooks, was also present and provided testimony. He explained the legal steps that have been taken in order for Mr. Brooks to attain the family property. This included a judgment establishing the property as Homestead Property. Attorney Winter reported that Mr. Brooks is fully committed to repairing the house. He testified to Mr. Brooks' frail health due to chemotherapy. Discussion ensued regarding how the repairs will be done while Mr. Brooks is undergoing chemotherapy. Mr. Brooks reported he has requested help from family members and Community First Bank. The Board asked if someone else could appear in future proceedings in place of Mr. Brooks due to the physical difficulty. Questions were asked to determine how much time was needed to get the roof repaired. Mr. Brooks stated his wife will be able to appear for him. Attorney, Allan Winter, asked the Board to give Mr. Brooks more time to come into compliance. MOTION: To continues Case # 18-113 until January 8, 2019 for an update on the status of the repairs. Motion: Richard Lombardi Second: Louis Keith Discussion ensued regarding the time frame for Mr. Brooks to apply for and receive a Home Equity Line of Credit (HELOC) loan. Attorney Allan Winter spoke to the time frame and requirements of a HELOC loan and stated there is enough equity in the property for a loan to repair the roof. The Board asked that Mr. Brooks' wife appear on January 8, 2019 to update the Board on the status of repairs. Whitney Heflin For Louis Keith (Seconded By) For Lindsay Norman For Richard Lombardi (Moved By) For Don Sasser For Benjamin de Luna For Code Enforcement Board November 28, 2018 Page 9 of 23 Motion passed 6 to 0. K. CASE #: 18-174 NAME: Sandra Pischly Estate ADDRESS: 1044 Hibiscus Street CE Officer Irizarry presented the case history of the violations and displayed photos. Ms. Irizarry reported the citations are for an outside storage violation as there was scrap lumber in the yard and for an unapproved shed. Inspection reveals the shed and all of the lumber have been removed. Staff recommended the Board find the property in compliance. MOTION: To adopt the staff recommendation, find Case # 18-174 in compliance. Motion: Don Sasser Second: Whitney Heflin Whitney Heflin (Seconded By) For Louis Keith For Lindsay Norman For Richard Lombardi For Don Sasser (Moved By) For Benjamin de Luna For Motion passed 6 to 0. 7. NEW BUSINESS A. CASE #: 18-100* NAME: Lisa Pelkey ADDRESS: 1887 Beach Avenue CE Officer Irizarry presented the case history of the violations and displayed photos. Ms. Irizarry reported the violation is for exterior wall damage. CE Officer Irizarry reported she has had communication with the property owner regarding plans for commencing work on the wall repairs. CE Officer Irizarry stated the recommendation is to allow thirty (30) days for compliance or impose a $250 fine for the first day and a $250 fine per day for every day thereafter the violation continues to exist. The property owner was not present but her son, Michael Pelkey, of 1887 Beach Avenue was present and was administered the oath by Chair de Luna. Mr. Pelkey testified to the status and timeline of the work to repair the property. He asked the Board to consider extending the case past thirty (30) days due to the upcoming holidays. Code Enforcement Board November 28, 2018 Page 10 of 23 All questions were answered. MOTION: To allow the Respondent until January 31, 2019 for full compliance or impose a fine of $250 for the first day and $250 per day for every day thereafter the violation continues to exist. Motion: Whitney Heflin Second: Richard Lombardi Whitney Heflin (Moved By) For Louis Keith For Lindsay Norman For Richard Lombardi (Seconded By) For Don Sasser For Benjamin de Luna For Motion passed 6 to 0. B. CASE #: 18-101 NAME: Lisa Pelkey ADDRESS: 1886 Beach Avenue CE Officer Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported the violations were for protective treatment due to exterior wood surfaces that were exposed to the elements. The repairs have been done and it is recommended to find the property now in compliance. MOTION: To adopt the staff recommendation, find the property now in compliance. Motion: Louis Keith Second: Benjamin de Luna Whitney Heflin For Louis Keith (Moved By) For Lindsay Norman For Richard Lombardi For Don Sasser For Benjamin de Luna (Seconded By) For Motion passed 6 to 0. Code Enforcement Board November 28, 2018 Page 11 of 23 C. CASE #: 18-171 NAME: Sharpe Family Investments ADDRESS: 985 Stocks Street CE Officer Irizarry presented the case history of the violations. Ms. Irizarry reported that this property was purchased by an investment company who subsequently commenced work on the house. The Atlantic Beach Building Department staff drove by the property and noted the work being done, which was thought to require permits, and a Notice of Violation was posted. After an interior inspection, it was found that the work performed did not require permits. Ms. Irizarry recommended finding the property in compliance as no violation was present. MOTION: To find the Respondent in compliance as no violation was present. Motion: Whitney Heflin Second: Don Sasser Whitney Heflin (Moved By) For Louis Keith For Lindsay Norman For Richard Lombardi For Don Sasser (Seconded By) For Benjamin de Luna For Motion passed 6 to 0. D. CASE #: 18-182* NAME: William Easterbrooks ADDRESS: 925 Amberjack Lane CE Officer Irizarry presented the case history and displayed photos of the property. Ms. Irizarry reported that there has been progress on the house but there are a few items outside that need addressing and the porch roof still needs to be repaired. CE Officer Irizarry recommended allowing the Respondent thirty (30) days for full compliance or impose a fine of $250 for the first day and a $250 fine per day for every day thereafter. Mr. Easterbrooks was present and addressed the Board stating the delay in repairs is due to his health and finances. He stated he is hesitant to remove the porch awning before the materials and permits are in place. Mr. Easterbrooks stated his concern is with further damage that could have been caused from water intrusion. The Respondent requested the Board allow him until after the holidays to complete the repair. All questions were answered. Code Enforcement Board November 28, 2018 Page 12 of 23 MOTION: To allow the Respondent until January 31, 2019 for full compliance or impose a fine of $250 for the first day and $250 fine per day thereafter the violation continues to exist. Motion: Don Sasser Second: Louis Keith Whitney Heflin For Louis Keith (Seconded By) For Lindsay Norman For Richard Lombardi For Don Sasser (Moved By) For Benjamin de Luna For Motion passed 6 to 0. E. CASE #: 18-204 NAME: William Dutter ADDRESS: 177 Pine Street CE Officer Irizarry presented the case history of the violations and displayed photos. Ms. Irizarry reported this violation is for the shared wall of a duplex where outside service has not been maintained and water has intruded. CE Officer Irizarry reports that after communications with the Respondent, William Dutter, and the adjacent owner, Sue Perry, she has learned of a civil dispute over the ownership of the area where repairs are needed. The staff recommended the case be continued to allow for civil proceedings to be resolved. The property owner, William Dutter, of 177 Pine Street, was present and addressed the Board about the civil proceedings thus far. He informed the Board that the Civil Trial is scheduled for January 15, 2019. The owner of the adjacent property, Sue Perry, of 179 Pine Street, was also present and was administered the oath by Chair de Luna. Ms. Perry reiterated the date of the Civil Trial as January 15, 2019. Mr. Dutter spoke to the Board about the history of problems between the two property owners, himself and Ms. Perry. The Board informed Mr. Dutter that the delineation of property lines is for the court to decide. Chair de Luna stated that when ownership of the wall is determined the CE Officer will contact the owner to resume with enforcement of the violation. All questions were answered. Code Enforcement Board November 28, 2018 Page 13 of 23 MOTION: To continue Case # 18-204 until the March 12, 2019 meeting for an update as to who the Court determines is the lawful owner of the wall in dispute. Motion: Whitney Heflin Second: Lindsay Norman Discussion ensued regarding ownership of the wall being determined before compliance date being set. Whitney Heflin (Moved By) For Lindsay Norman (Seconded By) For Louis Keith For Richard Lombardi For Don Sasser For Benjamin de Luna For Motion passed 6 to 0. F. CASE #: 18-219 NAME: Marina Moon, LLC ADDRESS: 1763 Live Oak Lane CE Officer Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported the violations are on a house that was deteriorating from vacancy and an overgrown lawn. Ms. Irizarry reported that the lawn has been mowed, permits have been applied for, a new roof has been installed and the facia repairs continue to progress. In consideration of the progress made by the Respondent, it is recommended to find the property now in compliance. MOTION: To adopt the staff recommendation, find the property in compliance. Motion: Richard Lombardi Second: Don Sasser Whitney Heflin For Louis Keith For Lindsay Norman For Richard Lombardi (Moved By) For Don Sasser (Seconded By) For Benjamin de Luna For Motion passed 6 to 0. Code Enforcement Board November 28, 2018 Page 14 of 23 G. CASE #: 18-222* NAME: Bill Lockhart ADDRESS: 18 N Saratoga CE Officer Irizarry presented the case history of the violations and displayed photos. Ms. Irizarry reported that the property is not in full compliance as the abandoned pool has not been removed. Staff recommended find the case remain in violation and to allow ten (10) days for full compliance. Judy Lockhart, wife of Respondent, was present and addressed the Board. She spoke on the status of the pool removal and stated her grandson has been working on it. Chairman de Luna asked Ms. Lockhart if the Notice of Violation was given in July. Ms. Lockhart stated that she did not remember. Ms. Lockhart stated at the time the Notice of Violation was received they drained the pool and removed the liner. She stated that the walls need taken down to complete the removal. Kyle Burch, grandson of Respondent, from 18 N Saratoga, was present and spoke on the status of removing pool walls. He stated he hopes to have it removed by the end of January. All questions were answered. CE Officer Irizarry stated the recommendation is to allow until the January 8, 2019 meeting for compliance or impose a $250 fine for the first day and $250 fine every day thereafter the violation continues to exist. MOTION: To extend date of compliance for Case # 18-222 to January 8, 2019 or impose a fine of $250 for the first day and $250 per day for every day thereafter the violation continues to exist. Motion: Lindsay Norman Second: Don Sasser Whitney Heflin For Louis Keith For Lindsay Norman (Moved By) For Richard Lombardi For Don Sasser (Seconded By) For Benjamin de Luna For Motion passed 6 to 0. Code Enforcement Board November 28, 2018 Page 15 of 23 H. CASE #: 18-278* NAME: Henderson Family Trust ADDRESS: 770 East Coast Drive CE Officer Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported there were ten (10) violations found as a result of a previous tenant contacting Code Enforcement. Ms. Irizarry reported that the property is not in full compliance as there are still violations stemming from water damage. Ms. Irizarry reports there is some drywall damage that can be replaced with regular drywall but some must be replaced with fire rated drywall due to it separating the two units. The owner has been in contact with the City of Atlantic Beach Building Department and has repaired the air conditioner. For these reasons, staff recommends allow thirty (30) days for full compliance or impose a fine of $250 for the first day and $250 fine per day thereafter. The trustee of Henderson Family Trust, Stephan Henderson, was present with his attorney, Allan Winter. Attorney Winter reported to the Board that all of the violations have been resolved. MOTION: To allow the Respondent until the January 8, 2019 meeting for full compliance or impose a $250 fine for the first day and $250 fine every day thereafter the violations exist. Motion: Lindsay Norman Second: Don Sasser Chair de Luna stated that the photos being shown are dated and additional work has been done since they were taken. CE Officer Irizarry stated the photos being displayed are the violations in their original state. Chair de Luna invited Mr. Henderson to the podium to complete the record. Mr. Henderson was administered the oath by Chair de Luna. He confirmed the repairs are complete. He stated that an inspection by the Building Department is all that remains to be done. There was no further discussion or questions. Whitney Heflin For Louis Keith For Lindsay Norman (Moved By) For Richard Lombardi For Don Sasser (Seconded By) For Benjamin de Luna For Motion passed 6 to 0. Code Enforcement Board November 28, 2018 Page 16 of 23 I. CASE #: 18-282 NAME: Howard Katzenstein ADDRESS: 1720 Atlantic Beach Drive CE Officer Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported this is a violation of the Building Code regarding permitting on a fence built for a new house in Atlantic Beach Country Club. Ms. Irizarry stated they have since applied for a permit and were approved on November 7, 2018. Staff recommended to find the property now in compliance. MOTION: To adopt the staff recommendation, find Case # 18-282 in compliance. Motion: Lindsay Norman Second: Whitney Heflin Louis Keith For Whitney Heflin (Seconded By) For Lindsay Norman (Moved By) For Richard Lombardi For Don Sasser For Benjamin de Luna For Motion passed 6 to 0. J. CASE #: 18-293* NAME: Vriga Ryant ADDRESS: 532 Atlantic Beach Court CE Officer Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported the citation was for a swimming pool installed in the back yard of a house without a required fence around it which is a violation of the City of Atlantic Beach Municipal Code and the Florida Building Code. Ms. Irizarry reported the owners claim they were using a kiddie protection fence and felt they did not need to install a fence. Photos taken from a neighboring property show that the pool is completely exposed with no kiddie protection fence in place. The property owner was not present. Staff recommended that Respondent be ordered to put up a kiddie protection fence and thirty (30) days to have a fence installed. Staff clarifies this is not thirty (30) days to receive a permit, it is thirty (30) days to have a fence installed due to this being a life safety issue. Code Enforcement Board November 28, 2018 Page 17 of 23 MOTION: To allow until January 8, 2019 to have a fence installed or impose a fine of $250 for the first day and $250 fine per pay for every day thereafter the violation continues to exist. Motion: Lindsay Norman Second: Whitney Heflin Discussion ensued regarding the need to move the compliance date up so that there is time to inspect before the January 8, 2019 meeting Whitney Heflin (Seconded By) For Louis Keith For Lindsay Norman (Moved By) For Richard Lombardi For Don Sasser For Benjamin de Luna For Motion passed 6 to 0. MOTION: To Amend prior Motion To allow until January 1, 2019 to have a fence installed or impose a fine of $250 for the first day and $250 per day for every day thereafter the violation continues to exist. Motion: Lindsay Norman Second: Don Sasser Whitney Heflin For Louis Keith For Lindsay Norman (Moved By) For Richard Lombardi For Don Sasser (Seconded By) For Benjamin de Luna For Motion passed 6 to 0. City Attorney Brenna Durden requested clarification from CE Officer Irizarry regarding the kiddie pool fence. CE Officer Irizarry described the fence and restated that the owners firmly believe that the kiddie protection fence is adequate. CA Durden asked for clarification of staffs' recommendation. CE Officer Irizarry confirmed the staff recommended the Respondent install the kiddie protection fence immediately and keep it in place until a permanent fence is installed. CA Durden addressed the Board, asking them if they want to include that in the motion. Discussion ensued regarding the temporary fence and the wording of the Motion. Mr. Lombardi asked if City Staff or a Police Officer could deliver an Order to the Respondent, due to the serious safety concern. In response, CA Durden explained that the Order could be processed Code Enforcement Board November 28, 2018 Page 18 of 23 immediately and delivered by City Staff. Mr. Lombardi feels it may be out of the Boards hands and bordering on a civil matter. A lengthy discussion ensued regarding contacting Child Protection Services, the City Manager and the City of Atlantic Beach Police Department. CA Durden suggested the Board find the Respondent in violation today and begin fine accrual. Discussion ensued regarding the original Notice going out in September, and CE Officer Irizarry reported the owners' response was that he had spoken with his attorney and was advised he did not need a fence. Discussion ensued about modifying the prior Motion. MOTION: To Amend prior Motion To allow until December 1, 2018 to have a fence installed or impose a fine of $250 for the first day and $250 fine per day for every day thereafter the violation exists. Motion: Lindsay Norman Second: Richard Lombardi Whitney Heflin For Louis Keith For Lindsay Norman (Moved By) For Richard Lombardi (Seconded By) For Don Sasser For Benjamin de Luna For Motion passed 6 to 0. K. CASE #: 18-320 NAME: Ghose Devajyoti ADDRESS: 317 East Coast Dr CE Officer Irizarry presented the case history of the violations and displayed photos of the property. Ms. Irizarry reported the citation is for a grading and drainage issue. Respondent's daughter-in-law Kara Mauro, who lives at 317 East Coast Drive was present and addressed the Board about the work done on the yard. Ms. Mauro also spoke about communications with Scott Williams from the City Building Department regarding permit conditions. She is awaiting clarification of the property's pervious and impervious surfaces in regards to what was in documentation received from Scott Williams versus what the City has on file. Ms. Mauro stated her father-in-law plans to file a variance, or, if necessary, remove the flagstone. She stated the project is functioning as the law intends and she does not understand why the Respondent is not in compliance. Code Enforcement Board November 28, 2018 Page 19 of 23 Discussion ensued about the timeline for applying for a variance, the coverage allowed in the Code, the discrepancies in the information that was received and the unclear definition of Impervious Surfaces on the City's website. MOTION: To allow until March 12, 2019 for compliance. Motion: Benjamin de Luna Second: Whitney Heflin Whitney Heflin (Seconded By) For Benjamin de Luna (Moved By) For Louis Keith For Lindsay Norman For Richard Lombardi For Don Sasser For Motion passed 6 to 0. L. CASE #:18-158* NAME: Sheila Powers ADDRESS: 1946 Beachside Court CE Officer Irizarry presented the case history and displayed photos. Ms. Irizarry reported the citation is for a fence built without the required permit. A Stop Work Order was issued. Additional information was needed from property owner but was never received. Property owner, Sheila Powers and her husband, Ted Alesch, were present. Mr. Alesch addressed the Board and stated that the issue was with the height of the fence after the lattice panel was installed on top for added privacy. Mr. Alesch has since been told to apply for a variance which he has done. It is his understanding that the Community Development Board may hear the variance issue at the December meeting but that has not yet been confirmed. All questions were answered. MOTION: To continue case # 18-158 to the March 12, 2019 meeting. Motion: Lindsay Norman Second: Louis Keith CA Durden asked for confirmation that the variance application has been submitted. PCDD Corbin addressed the Board and reported that he has not seen this variance application come through the office yet. Code Enforcement Board November 28, 2018 Page 20 of 23 Whitney Heflin For Louis Keith (Seconded By) For Lindsay Norman (Moved By) For Richard Lombardi For Don Sasser For Benjamin de Luna For Motion passed 6 to 0. There was a five minute break taken at this time. 8. MISCELLANEAOUS BUSINESS A. Pros and Cons of replacing the Code Enforcement Board with a Magistrate Chair de Luna called Joseph Quest to speak. He was no longer present. Chair de Luna acknowledged that Mayor Glasser and Commissioner Kelly were in attendance. Chair de Luna stated that he placed this item on the agenda in hopes of getting the views and positions of the Code Enforcement Board members. He reminded everyone of his presentation to the Commission on September 24, 2018 on this subject pointing out the efficiency of the CEB. Chair de Luna announced he learned five (5) minutes before the meeting that it is no longer being Live -streamed, but it is still being video recorded. Up to this point, he did not know about live -streaming being eliminated. He expressed his confusion with the procedure for communicating with the Board regarding this topic, and asked for each member's position on replacing the CEB with a Special Magistrate and why. Mayor Glasser asked Chair de Luna if he would like her to clarify the sequence of events. Mayor Glasser thanked the Board for their service as CEB members. She explained the live -streaming elimination is due to the American Disabilities Act (ADA) law and has to do with posting content on the City's website. Though the live -streaming issues is a fairly new issue, it has been discussed at several Commission Meetings. She then expressed the challenges with getting the information out. She reported that the prior Code Enforcement Officer, Debbie White, had first made the recommendation of switching to a magistrate several years ago. After giving a brief history, Mayor Glasser stated the topic of switching to a Special Magistrate has been on-going for years, and has been discussed in Noticed Public Meetings, specifically, the Workshop Meeting of August 20, 2018. The conclusion from that meeting was that the Commission was in favor of pursuing it, but getting input from CEB members was important. The issue was put on the CEB's agenda on September 11, 2018. It then became an Agenda Item on the September 24, 2018, Commission Meeting Agenda wherein Mr. de Luna made a formal presentation. At that time, the Commission was unanimous in wanting to move towards a Special Magistrate. She reiterated that the decision was not a reflection on the work of this Board. Mr. de Luna stated the issue was never an Agenda Item. He asked Mayor Glasser why he or the other members were not told nor invited to the Workshop Code Enforcement Board November 28, 2018 Page 21 of 23 regarding the topic. She stated this communication should be a function of the Liaison to the Committee, and apologized for any misstatements. The following questions and comments began in order of seating with Don Sasser seated at far left. Don Sasser- Asked about the cost-effectiveness of a Special Magistrate. He feels the Board has more knowledge of the City than a Special Magistrate would. Mayor Glasser asked if this portion of the meeting was for questions and answers as she did not know whether to answer Mr. Sasser. Mr. de Luna answered Mayor Glasser stating it was not a question and answer portion of the meeting, but to reflect on any questions asked of her. Richard Lombardi- Stated he is surprised with the consideration of replacing the CEB with a Special Magistrate. He has expressed his concerns to his district's counsel. Mr. Lombardi stated that it is fallacious to think Atlantic Beach should use a Special Magistrate because other cities use one. He feels Atlantic Beach is a small, peaceful community with little crime. He praised the Atlantic Beach Police Department for keeping civility. With the CEB, the citizens are dealing with other citizens in their community. He feels a Special Magistrate will create a disenfranchised atmosphere for the citizens of Atlantic Beach. Lindsay Norman- Mentioned he does not have strong feelings one way or the other. His concerns are mainly effectiveness, efficiency, cost and how much discretion a magistrate will have. Louis Keith- Stating he strongly believes in citizens participating in government. A singular magistrate will most likely not be a resident. Mr. Keith believes a Special Magistrate would not resonate a "the human side" to the citizens. Whitney Heflin- Stated that she has no preference one way or the other and that she has faith that our Commissioners and City government will make the best decision for the City. She stated that former CE Officer, Debbie White, was an example of professionalism and expertise and for her to make the recommendation for a Special Magistrate is telling. Chair de Luna- Reminded everyone that the Mayor and the Commissioners ran their campaign on transparency and endorsing citizen involvement. He expressed his belief that replacing the CEB with a Special Magistrate goes against those campaign platforms. He stated the CEB provides citizens an opportunity to learn about their City and replacing with a Special Magistrate takes that opportunity away. He pointed out that Code Enforcement' is the first item on the Mayor's and the Commissioners' profiles. He agrees Ms. White was most likely thinking about efficiency when she recommended hiring a Special Magistrate, but could not have been thinking about the other intangibles, which are incredible for Atlantic Beach. It is his belief that a Special Magistrate would be less likely to be involved with the citizens as he/she will also have a law practice to Code Enforcement Board November 28, 2018 Page 22 of 23 run as well. He believes replacing the CEB with a Special Magistrate is a poor decision. He invited the Commission to meet with the CEB to further discuss the issue. Mayor Glasser addressed the Board and encouraged the CEB members to attend the next Commission meeting to report. She stated although she is at this meeting representing the Commission she is only one (1) vote, and would be happy to take the issue back to the Commission. Mayor Glasser explained the quasi-judicial nature of Code Enforcement, and being able to balance hard decisions with discretion. Discussion ensued regarding the cost breakdown of switching to a magistrate, the need to verify the costs that PCDD Corbin presented and things to consider before switching to a magistrate. Commissioner Kelly addressed the Board and spoke about the current process through City staff that a case goes through before it reaches the Code Enforcement Board. 9. ADJOURNMENT There being no further discussion, Chair de Luna declared the meeting adjourned at 9:48 p.m. Attest: Benj ./in de Luna, Chair ti Lori Diaz, Records Clerk c Code Enforcement Board November 28, 2018 Page 23 of 23