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2002-01-08315 CITY OF OKEECHOBEE CODE ENFORCEMENT/CITY COUNCIL JOINT WORKSHOP SUMMARY OF DISCUSSION JANUARY 8, 2002 AGENDA A. CALL MEETING TO ORDER B. CODE ENFORCEMENT BOARD MEMBERS, MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE: Chairperson Marsha Montesi Vice -Chairperson Mack Worley, Jr. Member Linda Ballinger Member Jamie Gamiotea Member Andrea Nelson Member Harrison O'Connor Member Rennae Sweda Alternate Lori Creech Alternate Isabel Weisser Attorney John Cook Secretary Sue Christopher Code Enforcement Officer Chief Tomey Code Enforcement Officer Bob Hillery Mavor James E. Kirk Council Member Noel Chandler Council Member Clayton Williams Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Administrator Bill L. Veach Deputy Clerk S. Lane Gamiotea DISCUSSION January 8, 2002 Code Enforcement Board workshop was called to order at 6:05 p.m. by Chairperson Montesi. Secretary Christopher called the roll: Present Present Present Present Present Present Present Absent with consent Present Present Present Absent with consent Present Present Present Present Present Present Present 318 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD SUMMARY JANUARY 89 2002 AGENDA A. CALL MEETING TO ORDER B. PLEDGE OF ALLEGIANCE C. BOARD MEMBERS ATTENDANCE Chairperson Marsha Montesi Vice -Chairperson Mack Worley, Jr. Member Linda Ballinger Member Jamie Gamiotea Member Andrea Nelson Member Harrison O'Connor Member Rennae Sweda Alternate Lori Creech Alternate Isabel Weisser STAFF ATTENDANCE Attorney John Cook Secretary Sue Christopher Code Enforcement Officer Chief Tomey Code Enforcement Officer Bob Hillery D. Motion to dispense with the reading and approve Summary of Board Actions for: December 11, 2001. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. CODE BOARD ACTION January 8, 2002 Code Enforcement Board meeting was called to order at 7:08 p.m. by Chairperson Montesi. Pledge of Allegiance Present Present Present Present Present Present Present Absent w/consent Present Present Present Present Member Ballinger moved to dispense with reading and approve Summary of Board Action for Decembe: 11, 2001, seconded by Member Gamiotea. Motion carried unanimously. January 8, 2002 - CEB Re¢ular Meeting -Page 2 of 3 AGENDA 00-01-01 Marvin Brantley Sec. 8-2 Responsibility of owners, agents 1811 S. Parrott Avenue and tenants Okeechobee, FL 34974 CODE BOARD ACTION Testimony was given by Bessie Brantley (Marvin's mother) that a lot of the junk out front belongs to other people and within one week they should be able to move it all. Testimony was given by Marvin Brantley that this was his busy season and he is trying to clear stuff out of the back and keep the front looking decent and that he was keeping it as clean as he could. Member Worley addressed the board saying he goes by this property two or three times a week and it is progressively getting back to the point that was andmhis opinion Boards objectiv1 -01 is in violation e to to put Mr. Brantley out of Member Nelson stated that it was not the Code Enforcement business, but to make him clean up his property. Member Worley moved to have the City Attorney proceed with all expedience in the foreclosure proceedings, seconded by Member O'Connor. The floor was open for discussion as to whether the Code Board wanted to recommend to the City Council that they foreclose on Marvin Brantley's property. Member Ballinger asked it there were any other possible options. Administrator Veach stated the amount of the lien was $155,000. Member Sweda asked Mr. Brantley why the junk could not be placed behind the fence. Joe Varna.dore with the Economic Council addressed the board stating that the laws, rules and ordinance; needed to be applied to everyone equally. Montesi - No Worley - Yes Ballinger - No Gamiotea - No Nelson - No O'Connor - Yes Sweda - No Motion Denied Member Sweda moved that Case # 00-01-01 be put on the agenda for the next regular meeting, seconder by Member Ballinger. Montesi - Yes Worley - Yes Ballinger - Yes Gamiotea - Yes Nelson - Yes O'Connor - Yes Sweda - Yes Motion Carried 2002 - CEB Regular Meeting - Page 3 of 3 320 AGENDA ADJOURNMENT - CHAIRPERSON MONTESI PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on file in the City Clerk's Office. Marsha Montesi, Chairperson ITTEST: Sue Christopher, Sec etary CODE BOARD ACTION Member Worley moved to adjourn, seconded by Member Ballinger. Meeting adjourned at 7:55 p.m. 2002 - Code Enforcement/City Council JointWorkshop - Page 2 of 3 .316 11 AGENDA L- DISCUSSION 11 C. NEW BUSINESS - Discuss Code Enforcement Procedures. 1 Attorney Cook explained that the Code Enforcement Board had scheduled this workshop to review newly adopted code enforcement procedures. The City Council was invited to attend the workshop so that both boards would have an opportunity to meet and discuss how improved and unimproved properties would be cited in the future. Councilman Watford addressed the Board/Council stressing the need to clarify what is to be considered improved or unimproved property. Also, the Code Enforcement Officer needed to use good judgement. Member Worley stated the determination of improved or unimproved property should go back to the time the property was originally developed. Therefore, unimproved property means property that has not been subdivided and a street put in front of it. Councilman Watford disagreed and suggested the determination should be based on whether a structure had been built or whether there was some type of activity on the property. Member Gamiotea said the surrounding property needed to be taken into consideration, it may create a buffer zone to keep certain things from being seen. We might have to make decisions on a case by case basis. Chairperson Montesi agreed and commented that if there are complaints from neighbors regarding vagrants, or dumping of trash, then there is a problem. But that it was unnecessary to go in and clean out all property in the City. Councilman Oliver said the basic problem is that each person has an opinion on what they think looks best. Member Worley stated there is a vast difference in landscaping and what is considered an overgrown lot. He said as a member of the Code Board he or the community nave a better appearance. Member Weisser mentioned the need to clarify how areas such as Blue Heron were to be handled. She said although there are lots in Blue Heron that do not have a structure on them, they still need to be kept from becoming overgrown. 317 Tanuary 8.2002 - Code Enforcement/City Council Joint W 3 of 3 AGENDA ADJOURNMENT - CHAIRPERSON MONTESI PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Tapes are for the sole purpose of backup for official records of the department. Mars Montesi, (Chairpe son ATTEST: Sue Christopher, Secretary DISCUSSION �l Mayor Kirk stated we have to give the Code Enforcement Officer some direction, not just tell him to use his own discretion. He suggested the Code Board make a recommendation to the City Council as to what they think the definition of improved and unimproved property should involve as well as the type of cases that need to be heard before the Code Board and the type of cases that could be handled by issuing a citation. Then the City Council will consider the recommendation and take the appropriate action when necessary. Chairperson Montesi opened the floor to the public for comments. Two members of the public addressed the board. Dale Reiss commented he felt some areas would look worse if they were cleaned, because the vegetation hides industrial areas or other unsitely areas. Tom Elmore said leaving trees is one thing, but you should at least keep improved property mowed and cleaned. Allowing everyone to let there property grow up saying it is a noise buffer is not right. He suggested to stick with the laws that are currently on the books and let the Code Enforcement Officers do their job. Member Worley moved to adjourn, seconded by Member Ballinger. Meeting adjourned at 7:00 p.m. j�