HomeMy WebLinkAbout08111982MINUTES OF MEETING OF CODE ENFORCEMENT BOARD - AUGUST 11, 1982
MEETING WAS CALLED TO ORDER BY CHAIRMAN ROBERT FITZMAURICE AT 2:00 P.M.
PRESENT: CHAIRMAN ROBERT FITZMAURICE, VICE CHAIRMAN EARL WITHERBY, MARTIN LEWIS,
GEORGE McCLEARY, GEORGE LA PORTE, BOARD ATTORNEY GREGORY GORE.
ABSENT: EUGENE POPOW (OUT OF TOWN)
MOTION BY MR. McCLEARY, SECONDED BY MR. WITHERBY, TO APPROVE MINUTES OF THE
MEETING OF JULY 14, 1982, WITH THE FOLLOWING CORRECTION: IN THE 4TH LINE OF
THE LAST PARAGRAPH OF PAGE 1, CHANGE THE WORD "WHETHER" TO "MATTER". CARRIED.
BOARD ATTORNEY GORE STATED THAT NE SPOKE TO CITY ATTORNEY DANIEL KILBRIDE ABOUT
INCORPORATING CHAPTERS 12 AND 16 IN THE CODE OF ORDINANCES UNDER OUR JURISDICTION.
MR. KILBRIDE ADVISED HIM THAT THE LATEST LEGISLATIVE ENACTMENTS FROM TALLAHASSEE
APPEAR TO PRECLUDE BRINGING THESE SECTIONS UNDER OUR JURISDICTION. THESE SECTIONS
HAVE TO DO WITH "NUISANCES" AND "GARBAGE" AND MOST CITIES CONSIDER SUCH ENFORCE-
MENT PART OF THE DUTIES OF THE POLICE DEPARTMENT. MR. KILBRIDE WILL TALK FURTHER
TO MR. GORE ABOUT THIS. MR. FITZMAURICE REMARKED THAT THIS WAS BROUGHT UP BECAUSE
THESE SECTIONS ARE NOT SPECIFICALLY MANDATED IN OUR CHARTER SO THAT WE CANNOT ACT
ON THEM, BUT MAYOR FLOOD ADVISED HIM THAT THE ZONING ORDINANCE, WHEN REVISION
IS COMPLETED, WILL ~CT AS A SORT OF CATCH-ALL.
THERE FOLLOWED A DISCUSSION ON THE PROPOSED ORDINANCE FROM MR. KILBRIDE AMENDING
THE COMPOSITION OF THE MEMBERS OF THE BOARD.. IT WAS POINTED OUT THAT UNDER
SECTION 1 (a) COMPOSITION, IT SAYS THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS
BUT ONLY SIX QUALIFICATIONS ARE LISTED. THIS WAS THOUGHT TO BE AN OVERSIGHT
AND MR. GORE WILL CHECK WITH MR. KILBRIDE. IT WAS AGREED THAT IT NIGHT BE A
GOOD IDEA TO HAVE A GENERAL CATEGORY - SORT OF A LAY MEMBER TYPE.
ON PAGE 2 IT STATES: "THREE MEMBERS SHALL BE AH~OINTED FOR A TERM OF TWO YEARS".
THIS WOULD MEAN THAT THE NEW PERSON COMING IN WOULD BE IN THAT TIME FRAME.
IN THE PREVIOUS ORDINANCE, UNDER VACANCIES. YOU WERE PERMITTED TO SUCCEED YOUR-
SELF FROM TERM TO TERM. NOW YOU ARE LIMITED TO REAPPOINTMENT FOR ONE SUCCESSIVE
TERM. THIS MEANS THAT THE MEMBER WHO HAS THE ONE YEAR TERM WOULD BE REAPPOINTED
FOR THREE YEARS, WHICH WOULD MAKE HIS TERM 4 YEARS. THE TWO YEAR TERM WOULD BE
FIVE AND THE THREE YEAR TERM SIX, AND THAT WOULD BE IT.
OTHER CHANGES MADE: "THE FINDINGS AND ORDER SHALL BE BY MOTION APPROVED BY A
MAJORITY OF THOSE PRESENT AND VOTING, EXCEPT THAT AT LEAST FOUR MEMBERS OF THE
BOARD MUST AFFIRMATIVELY VOTE IN FAVOR OF THE ACTION--". ALSO, THE FINE HAS BEEN
REDUCED FROM $500. PER DAY.TO $250. IF THESE CHANGES AREAPPROVED, THEY WILLBE
SUBMITTED TO THE NEXT CITY COUNCIL MEETING.
MOTION BY MR. LEWIS THAT WE APPROVE THE CHANGES AS SUBMITTED~
2iR. GORE STATED THAT THE ORDINANCE PROVIDES THAT A CERTIFIED COPY OF AN ORDER
IMPOSING A FINE MAY BE RECORDED IN THE PUBLIC RECORDS AND ADDED THAT HE WOULD
LIKE TO CARRY THIS A STEP FURTHER TO REQUIRE THAT A FINAL ORDER BE RECORDED
INDICATING THE ACTUAL TOTAL AMOUNT OF THE FINE. MR. GORE WILL DISCUSS THIS
MATTER WITH MR. KILBRIDE.
MR. LEWIS WITHDREW HIS MOTION
MOTION BY MR. WITHERBY, SECONDED BY MR. McCLEARY, TO TABLE THIS DISCUSSION AND
HOLD A SPECIAL MEETING ON WEDNESDAY, AUGUST 18, at 2:00 P.M. CARRIED.
MEETING ADJOURNED AT 2:30 P,M,