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MINUTES

VIEWS: 5 PAGES: 3

  • pg 1
									Approved                                              Code Enforcement & Appeals Board
                                                      Regular Hearing Minutes
                                                      April 7, 2011
                                                      Page 1 of 3


I.     Call to Order

       Chair Kaufman called the hearing to order at 6:04 pm.

II.    Roll Call/Determination of Quorum

       Members Present

       Adam D. Kaufman, Chair                       Carlton "Buddy" C. Boyd, Vice-Chair
       Cynthia Crow                                 Andre’ Desilet
       Scott Steffen (Alternate)

       Members Absent

       Jose L. Miranda, Jr. (excused)               Henry Byrd (excused)
       David Sturges

       Others Present:

       Valerie Faltemier, Board Attorney
       Tammi Bach, City Attorney
       Michelle Forstrom, Code Compliance Officer
       Cathy Sabattini, Recording Secretary

Chair Kaufman seated Member Steffen as a voting member for this meeting.

III.   Approval of Minutes

The Minutes of the March 3, 2011 Regular Hearing were presented for approval. A motion
was made by Member Desilet, seconded by Member Crow, to approve the Minutes.
Vote upon passage of the motion was taken by ayes and nays and being all ayes,
carried.

IV.    New Business

Ms. Forstrom reported that item 4.2 came into compliance.

There were no ex parte communications to be disclosed by the members of the board. Board
Attorney Faltemier briefly explained the procedures for this hearing.

4. 1 Charles L. & Lori A. Kennedy, 319 Benjamin Street, Case 11-00027, requesting
board determination of violation of the City of Fernandina Beach Code of Ordinances of the
following: Sections 42-173, wrecked or inoperable motor vehicles on private property declared a
nuisance and prohibited 42-116 (A) & (B), cleaning of lots; maintenance of structures.
Requesting Board determination of case.
Approved                                               Code Enforcement & Appeals Board
                                                       Regular Hearing Minutes
                                                       April 7, 2011
                                                       Page 2 of 3


Recording Secretary Sabattini administered the oath to the parties that were about to present
testimony. Ms. Forstrom briefly explained her experience and qualifications as a Code
Compliance Officer for the City of Fernandina Beach. She presented details of this case as
contained in the agenda support documents beginning with that on February 24, 2011 she
received a complaint about the property at 319 Benjamin Street. She requested to enter the
exhibits A and B into evidence. She explained that staff’s recommendation was that the board
assess daily fines of $100.00 until the property is brought into compliance and that the
respondent pay all administrative fees incurred by the City of Fernandina Beach. Chair
Kaufman questioned Mr. Kennedy if he had any objections to the photographs and exhibits.
Mr. Kennedy replied no. The exhibits were entered into evidence.

Mr. Kennedy concurred with what the Code Enforcement Officer said and the pictures are
evidence of his lack of ability to do anything at the property. He explained that he retired and
his goal was to try to salvage the structure to make it livable. He commented that he has had
several family issues and personal problems. He requested that the board give him time until
the next meeting on May 5th to spend time at this property to try to abate as much of this
problem as he could. He pointed out that financially he wasn’t in the position to be able to hire
this work out. Ms. Forstrom explained that she had two pages of different resources in the
community that help people in need. She stated that she wanted to give Mr. Kennedy those
contacts and be able to meet with Mr. Kennedy. Mr. Kennedy expressed his appreciation for
this information. He commented that there will be specific days that he would not be able to be
onsite due to family commitments. He stated that he would do everything in his power to get
these problems rectified as quickly as possible. There was a brief discussion about other
resources to help clean up the property. A motion was made by Member Desilet,
seconded by Member Boyd, to find the respondent in violation of the City of
Fernandina Beach Code of Ordinances of the following: Sections 42-173, wrecked or
inoperable motor vehicles on private property declared a nuisance and prohibited
42-116 (A) & (B), cleaning of lots; maintenance of structures. Vote upon passage of
the motion was taken by ayes and nays and being all ayes, carried.

Member Crow noted that there was a lot of stuff going on at this property based on the
photographs. She inquired how to make this property safe for neighborhood kids. Ms.
Forstrom replied that there is glass in the backyard that concerns her. She explained that there
is also old building material that she didn’t want to turn into flying missiles during hurricane
season. She stated that getting rid of the truck would be wonderful. She pointed out that the
broken windows on the structure as well as the window on the back door needed to be
secured. She requested to make sure that there were not piles of stuff lying around, because
that is where rodents and snakes end up. She explained that the yard needed to be trimmed
again and then work needed to be done on the roof. Mr. Kennedy commented that he has a
dumpster on the property, but he has not been able to get to the property. Ms. Forstrom
requested that when the dumpster was not being used to close the doors to keep kids out of it.
There was some discussion about the list of people that are willing to help and a suggestion
was made to contact the Sheriff to utilize incarcerated people to do some of the work. The
board had some deliberation about how to proceed and an appropriate motion to give guidance
to the respondent. A motion was made by Member Boyd, seconded by Member Crow,
Approved                                              Code Enforcement & Appeals Board
                                                      Regular Hearing Minutes
                                                      April 7, 2011
                                                      Page 3 of 3

to give the respondent until the May 5th hearing to bring the property into
compliance or pay $100.00 a day beginning May 6th until the property comes into
compliance (inoperable vehicles removed, loose debris removed/cleaned up, roof
structure temporary waterproofed, vegetation cut, and all of the structure secured).
It was noted that Ms. Forstrom would meet with Mr. Kennedy about the list of organizations
that could help. Vote upon passage of the motion was taken by ayes and nays and
being all ayes, carried.

4. 2 Anne T. Coonrod, Front & Centre, 316 Ash Street, (Case 11-00033), requesting
board determination of violation(s): Sections 74-62 thru 74-66; 74-72 thru 74-75 of the Code of
Ordinances. Specifically operating a business without a current local business tax receipt.
Requesting Board determination of case.

This case was not considered since the respondent came into compliance.

V.     Board Business

5. 1 Selection of Chair and Vice-Chair – Ms. Sabattini briefly explained that it had been a
year since the board selected a Chair and Vice-Chair. It was noted that both Mr. Kaufman and
Mr. Boyd were willing to continue to serve. A motion was made by Member Steffen,
seconded by Member Desilet, to reaffirm Mr. Kaufman as Chair and Mr. Boyd as
Vice-Chair. Vote upon passage of the motion was taken by ayes and nays and being
all ayes, carried.

VI.    Adjournment

There being no further business to come before the Code Enforcement and Appeals
Board, the meeting was adjourned 6:30 p.m.




___________________
Adam Kaufman
Chair



________________________
Carlton "Buddy" C. Boyd
Vice-Chair

								
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