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03/14/1990 MUNICIPAL CODE ENFORCEMENT BOARD March 14, 1990 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude (arrived 3:20 p.m.) William Zinzow D. Wayne Wyatt John McKinney Absent: James Angelis (excused) Also present: Rob Surette, Assistant City Attorney Alan Zimmet, Attorney for the Board Cynthia E. Goudeau, Secretary for the Board In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The meeting was called to order by the Chairman at 3:04 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County. Any such appeal must be filed within thirty (30) days of the execution of the order to be appealed. He noted that Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings to support such an appeal. PUBLIC HEARINGS Case No. 10-90 Robert Edwards (dba Classic West Realty Inc.) 2600 McCormick Drive (Occupational License) Complied prior Mr. Cardinal moved to withdraw Case No. 10-90 as the violation has been corrected. The motion was duly seconded and carried unanimously. Case No. 15-90 Raka Concepts Inc. 611 Druid Rd E., #302 (Occupational License) The Secretary informed the Board that service of the Notice of Hearing has not been received. Mr. Cardinal moved to continue Case No. 15-90 in order to obtain proper service of notice. The motion was duly seconded and carried unanimously. Case No. 16-90 Church of Scientology Flag Service Organization, Inc. 210 S. Ft. Harrison Ave. (Life Safety Code) The Secretary informed the Board the Inspector has requested a 30 day continuance as they are in the process of complying. Mr. Cardinal moved to continue Case No. 16-90 for 30 days. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 6-90 Lokey Motor Company 1220 US 19 South Rehear Board's Order of 1/24/90 Affidavit of Compliance The Assistant City Attorney stated the reason for this request is to rephrase the Findings of Fact of the Board's order of 1/24/90 to be consistent with the order issued for Ken Marks Ford, Inc. which was cited for the same violation. He stated in both cases testimony referenced the site plans and number of parking spaces designated on the plans. He stated the violation is the parking of the vehicles as opposed to display. Donald McFarland, attorney for Lokey Motor Company, stated the original violation is that of displaying vehicles for which the Board correctly issued the order. He objected to rewording the order. Alan Zimmet, attorney for the Board, stated they cannot find a violation different than that noted on the Affidavit of Violation. He stated the Board could make a statement to clarify their understanding that the terms are interchangeable with reference to vehicles. In response to a question, Mr. Zimmet stated the appeal time, whether or not the order is amended, would be 30 days from consideration of this request. Mr. Cardinal moved to amend the Board's order of January 24, 1990 under Findings of Fact, after "being displayed" and before "on grassy areas" add "and therefore being parked." The motion was duly seconded and carried unanimously. Mr. Aude abstained from voting due to a conflict of interest. Mr. Cardinal expressed concern regarding what action brought Lokey Motor Company into compliance. Attorney McFarland stated they were issued a temporary permit by the City for tent display. Mr. Cardinal also questioned if the compliance was issued before or after the permit was obtained. As the inspector was not at the hearing, consensus was to not accept the affidavit of compliance until further information is obtained. Mr. Cardinal moved to continue consideration of the Affidavit of Compliance in Case No. 6-90. The motion was duly seconded and carried unanimously. Mr. Aude abstained from voting due to a conflict of interest. Case No. 5-90 Ken Marks Ford 2093 US 19 North Affidavit of Compliance Mr. Wyatt moved to accept the Affidavit of Compliance in Case No. 5-90. The motion was duly seconded and carried unanimously. Case No. 88-9-1-2 Henry L. Moore 808 Pennsylvania Ave. Affidavit of Compliance Mr. Aude moved to accept the Affidavit of Compliance in Case No. 88-9-1-2. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION - None. NEW BUSINESS - None. MINUTES - Meeting of February 28, 1990 Mr. McKinney moved to approve the minutes of the meeting of February 28, 1990 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 3:45 p.m.