Is now in session. Bobby, would you call the roll, please? Miss Wade, I'm here. Miss. Mr. Here.
Mr. Weeks here. Miss Arden here. Doctor. Mateo. Doctor. Mateo? Yes, he is here. Are you here? I'm here, I'm here. I'm sorry.
You're. If you have a cell phone, please silence it. If you'll stand, we'll have an invocation. And we'll say the
pledge. Our heavenly Father, we seek blessings on the tasks before us. Bless our efforts with clear insight. Our deliberations with wisdom. Our
work with clarity and accuracy. In our decisions, with impartiality. We pray that our work this afternoon will find favor in your sight. Amen. I
pledge allegiance to the flag of the United States of America, and to the Republic for which it stands. One nation under God,
indivisible, with liberty and justice for all. You may be
seated. The procedures for this code board are as follows. It is the
intention of this board to promote, protect and improve the health, safety and welfare of the citizens of Tarpon Springs by providing an equitable,
effective and inexpensive method of enforcing various codes within the city of Tarpon Springs. Any aggrieved party may appeal a final administrative order of this board to the
Circuit Court. Such appeal shall be filed within 30 days of the execution of the order to be appealed. Florida Statute
286.0105 requires that any party appealing a decision of this board to have a record of the proceedings to support such an appeal, and this is the way the procedure works. First, the city
will present its witnesses and exhibits, after which the alleged violator is able to ask the city questions. Secondly,
the alleged violator is allowed to make a presentation, present his or her witnesses and exhibits, and the city can then question the alleged violator. After both rounds of testimony,
both on the part of the city and on the part of the alleged violator, each party is asked to give a closing argument, first by the city and then by the alleged violator. After those
three steps are taken, the board will close the public hearing portion of the case to discuss it and take appropriate action. Before we begin the public hearings, we'll have all
potential witnesses stand up and be sworn in by the secretary of the board. So if you're going to speak today, please stand and Bobby will swear you in. Do you
swear the testimony about to give is the whole truth and nothing but the truth? I do. Thank you. Please be seated. And a reminder. Please turn your
phones off. Thank you everyone. The first item on the agenda
today is case number. (258) 000-0391. The Cougars Backup LLC, 607 Island Drive in Tarpon Springs. The city will
make a presentation. If there's anybody that's going to speak on the on this item. Yes. Okay. You're right close by. We'll call on you next. Thank you. All right. Good afternoon. My name is Mike Ralston. I'm the code
enforcement officer with the Tarpon Springs Police Department. This case pertains to property 607 Island Drive. It is a business down in the sponge
docks. Sir, do you have any objection to me submitting the evidence? Do you have any objection to the evidence being submitted? Thank you. Bobby will
entered into the record. This case was initiated by the City Building Department on January 10th. I went and inspected the
property and there was extensive restoration work being done from the hurricanes, and there was no permits for it. So we issued a
notice of violation. I've made contact with the owner. He's been very responsive, working both with myself and the building department. He has now submitted that that permit
application, obviously with it being storm damage, there is going to be a lot of back and forth. So I have no objection to him being given time to get that
permit approved and the work done. And I have the building official here. If you have any specific questions as to the scope of work, our exhibits are.
Exhibit A is photos, exhibit B is the notice of violation and hearing. Exhibit C is the affidavit of postings for the Notice of Violation and hearing. Exhibit D is the Pinellas County
Property Appraiser and tax records and exhibit E is our emails and communications with the respondent. And I can go through the evidence. If you
have not had a chance to review it on your board portal. So these are just various pictures of states of reconstruction
going on and remodeling. I'll have to get that back up for you. And I also submitted the evidence and I have the building official, if you have any
questions for him. Yes, sir. If you'd like to come to the microphone. And tell us who you are. Jason Dela Cruz I own Wild
Seafood and also Lugger's backup. That's the property owner you need to give us. If you can put your. Give us your address where I live or that
address. That address is 6607 Island Drive. Thank you. Do you have questions for the city? No. Thank you. Or. And do you have
any further evidence or anything else to give? No, no. Like you said, we've submitted the permits. We've actually already been reviewed one time and we've submitted them back already. So I mean, I'm assuming the next week or so we'll have them. We
appreciate your being responsive to the city about and the permits have been applied for.
Application was received with plans the last I checked about a week ago. They were with emergency management for the 50%
determination and they were at that point, they were over the 50%. So that's probably why you're seeing resubmitted because that's the first step. And then it will come to me for
a plan review. But they have been submitted for thank you. You do you have any questions. No, no I'm good. And do you wish
to make any further presentation? No. We'll we'll get it done as soon as we get the permit. So I think everybody's eager for this place to be back open. So a lot of people eat there apparently. But
no work has been. Work has a stop work order right now since since the day he was there. We haven't touched a single. Fair enough. Okay. Fair enough.
Anyone else have a question for them? Summarize. So what we're asking for is the board to simply acknowledge that they
were in violation, but they are now working to secure those permits and give them whatever you deem to be a reasonable time period to get those permits finalized and get their work
done. Do you have an estimation of about how long permits are in? You're just waiting, like right now with the storm stuff. I mean, it took us from the day that I met with him, I, I
immediately started on it, but it took us that long just to get an engineer to draw, just to get a contractor to commit all those things, to get to where we are now. So as long as the contractor is not held up, it
should be pretty fast once we get our permit. So permitting is always the longest part. So can I question were you just not aware that you had to have permits? I knew you were going
to ask me a question like this. So I actually came to the city and said, hey, I need to do drywall and flooring. And they said, go ahead. And when we got into it, it was just way more than we expected. So I there was
a part of me that knew I needed to stop and do that, but I was like, I get it done fast. And, you know, but most important was to get it back up and running. Absolutely. The person that owns that business that rents from
us, you know, because we bought the bigger broad part of it for the fish house, for wild seafood, this building being built next door in the docks. And it was to get them back up and running so they can make a
living. But they've been down this whole time. I've gotten no rent. I haven't asked for any rent. I don't, you know, I just try to get it all back up and running. So it was it was a matter of trying to get people
making a living again. Thank you. If no one has any further questions, would anybody like to proceed with an order? I have one question. Is there any long
term like negativity of because I did this and I made this mistake. In other words, once we get this all cleared up and we get our permit and everything, it's all pretty much okay after that, right? You know, I think
you'll find this code enforcement office to be very responsive. If you get snags or get hung up, just keep in contact with them. No problem. That's no problem. Nobody's out for revenge. We want to help
you. This is a complicated thing, you know, kept up to date a lot of damage from the storm. So we just want things safe.
Yeah. No problem. But the caveat is, if once we find you guilty of not having a permit, the next time fines start automatically
if you do it again. So it's, you know, that's a five year moratorium type thing. So okay I understand. Thank you. Thank you for that. That's kind of was what my question was what does this trigger. So I don't plan
that to be the case. We're trying to put everything back together in a way that the water can come up and go down. Nothing will matter anymore. So people up here that are sympathetic to this. Yeah, I'm sure, I'm sure.
I don't think people up and down the entire coast that are. And this is just in relevance to the building permits anyway. Right.
And the other thing is, I don't know how long it's going to take for the city to get through the back and forth with all this stuff. So, well, can we can revisit. What you could do is
make a motion to find a violation, and then ask for a status report at the next meeting to see where they are
with everything I see. Okay. Okay, I move in case number 20
5-80000391 to find the respondent. Luger's backup LLC in violation of City of Tarpon
Springs Code of Ordinances. Section 212 and Florida Building Code 105.1 for the property
located at 607 Island Drive and two. Revisit this. You can see at the next Code Enforcement
Board meeting. Okay, we'll do it for the next Code Enforcement Board meeting. April 11th. Okay.
And that was seconded, Bobby. Thank you. Ma'am. Roll call please. Doctor. Mateo. Hi,
missus. Archer. Yes. Mr. Weeks? Yes. Mr. Video, I miss Wade. Yes. Motion carries. And he's going to summarize that just briefly for you. So basically
they found obviously that you were doing work without a permit. And we're going to set it up for the next board meeting to find out the status of where you are in obtaining the permit.
Hopefully you'll have obtained it. And then basically that'll put the case to bed unless you have a second violation. Do I need to come back for that code hearing? Talk to Mike. Mike will
let you know what's going on. If you haven't obtained the permit. Again, talk to Mike so Mike can either inform the board as to what's going on. You know, the worst part would be if there's
been no action, then we have to inform the board. There's been no action. Nothing's happened. And then you may want to be here in that circumstance, but they'll be consideration taken on the side of the permitting
office from the standpoint. Absolutely. But you can't do any work until you get the permit. Yeah. No, no. Just completely. I know I spent a year and a half getting the permit for the, the, the next door place, so. Got it.
Yeah. I'll give you my card. Just stay in touch with me, okay? Sure. Well, that's the big thing. Thank you so much for coming. No problem. And hopefully you won't have to come again. Well, for all of us.
Right. Thank you very much. Thank you. Second case today. Case number 25-8000039 for
Victoria Kearney Janet Bridges, 705 Bayshore Drive in Tarpon Springs. If there's anyone here for that case. Thank you. You want to maybe head toward the
microphone. And Mike's going to present the city side. Good afternoon. My name is Mike Rollison. I'm the code enforcement officer for the Tarpon Springs Police Department. This case was
initiated on January 14th, 2025 via citizen complaint. And it is for the property at 705 Bayshore Drive and it is a homesteaded property. Do you have any
objection to me submitting evidence? No. Bobby, I'll admit that into the into evidence. Thank you. I inspected this
property due to a complaint from a citizen that there was storm debris still in the yard. There was a large amount of drywall, various just flood damaged stuff
that was left on the front porch and in the front yard of the property. I have had contact with the owner. She has been in a bit of a dispute back and
forth with insurance and contractors, as a lot of people are right now, so she's been making an effort to sort through that. And basically what I'm
looking for today is for us to all work together and come up with a date that she can live with, that she feels is reasonable, that she can accomplish this and get this
storm debris moved out. Having spoken with her, she said to she had had a little bit of issue with how the violation was written, and it wasn't 100%
clear on what she needed to do. So that's what I'm looking for today, to make that clear, that we want to see that storm debris removed from the property and
just get her a timeline that she finds acceptable, that she can work with her contractors and insurance and back and forth. And the evidence I've submitted is exhibit A is our photos.
Exhibit B is the notice of violation and notice of hearing. Exhibit C is the affidavit of postings, notice of violation, and notice of hearing. Exhibit D is the Pinellas County Property
Appraiser and tax records and exhibit E is email correspondence with the respondent. It's a homesteaded property. It is a homesteaded
property. And do you have the photos? And these were the dates will be on there. But these were
in January several months after this debris was deposited. So you can see here there's
drywall, cabinetry in the front of the yard. And then our notice of violation we gave we were trying to give significant time
because I'm of course understanding to everybody's dealing with a lot of complicated stuff that I was fortunate enough not to deal with. So we've given significant
time, and I'm not opposed to this board giving her additional time and working with her to bring the property into compliance. Would you mentioned drywall? This was not new drywall. This is storm damage
material that has not been removed. Correct. As I understand it, it was material that was damaged in the flood and was brought out. And she may be able to offer you a little
bit better insight as to exactly why and what happened. Do you have questions for him? Just questions at this stage. Then you get to present your side. As
he mentioned, the only question I really had was exactly what needed to be removed. If I understand there was the drywall in the front with one item left out, but then also the
mitigation crew that I had contracted with left items that I could not move because there were 1,000 pounds like your kitchen countertops and your
plumbing materials. So things that I could not move. So I need to know what exactly has to be removed before any other type of code enforcements. So the
immediate would be all that stuff that's in the yard itself, those piles, if you have countertops that are, you know, leaning on your front porch, that's part of the work, the
ongoing work. I have no objection to that. Thank you. But scattered all out in the yard is not going to. Do it. So
now you've asked questions. Now you get to present your case. My only issue that I was having was since we were not living in the house, we had to vacate. It's
uninhabitable. There's no water, no AC, and the power's turned off because of electrical issues. This was my second year.
I got hit by a fire. I'm sorry. I know this is really hard to get. The contractors that I used
left everything out in the yard, and it's simply my mother and I. I don't have the money to pay somebody to come and pick up the
debris. I went back and I didn't get the notice right away because we're not living there. I have a P.O. Box, and I got the notice actually, about three weeks into the four week time
frame, and I attempted to go out and I bagged 12 bags of debris, and I moved the nightstand that I moved other materials over to
the side of the yard for pickup. The 12 black bags got picked up, but the nightstand and some flooring did not. There is further debris still in the yard, but I just couldn't get it
done myself. And so I do ask for time before because I'm fighting with insurance contract right now. They closed my case when they shouldn't have. They said
that last year they gave me a check for the exact same amount, that idea. But she knew it was going to cost more because the AC unit is gone. It was up to the ceiling, not just a two foot
cut. She paid the mitigation claim, gave me a $70,000 check and said, okay, you're done, but didn't tell me I was done. They never told me that. They closed the claim and my private
adjuster that I had to hire said, it's going to cost 130,000, so I can't get anything started and owe money that I don't have. So I am sitting for six months and trying to pay a
mortgage and pay her rent, and I can't move back into a house. We understand and I'm sorry. We're very sympathetic to that. But we also need to get some of that is
just stuff that can be raked up and piled up and removed, and that's the main thing that's bothering the city and the neighbors. We're not talking about the interior or any of
that, but the outside stuff has to get. There were large pieces. There were some large pieces. There's actually a bifold door in there that I couldn't lift.
So there are pieces that are still too heavy for me to move. Do you have questions for her? I do not. Just what? Whatever time
that she feels is appropriate. That which I don't know since I'm in the middle of trying to. I just had havoc out there today because that was part of the
original insurance claim that was not addressed. So I'm still don't know when I'm going to be under contract to get any of this started, to have people come out and move things. I
don't know the timeframe. You have no idea about when you can get the yard cleaned up part, not the repair inside, but just the outside yard cleanup I
guess. Give me 30 days. 30 days. Yes okay, okay. That that's helpful to us. Anybody else have a question for. Yeah. Could I
ask you what's going to change in 30 days by the suggestion of a doctor of mine to contact a local ministry at a church to
ask for help. And that was my plan. Thank you. Got to be somebody out there that could help you. Yes. It goes out of
their. Yeah. Sounds like a plan. Yeah. Miss, wait. Can I get a current
address so we can send her all the information? I need an address, please. Because she's not living. I'm so sorry. Thank you. I neglected to get you to
identify yourself positively. Are you Victoria? Yes. Victoria Kearney at 705 Bayshore Drive in Tarpon. Thank you, thank you. Are you getting your mail there? I am not, that's what they need.
Is something where we can. They can mail you something. I'm at P.O. Box six and I in our Tarpon Springs post office. Thank you.
And you have that information for contact as well. Thank you.
Would anybody like to make a motion, please? I move in case
number 20 5-8000394 find the respondent Victoria L Kearney, in violation of the City of Tarpon Springs Code of
Ordinances, section eight, Dash 40 and eight Dash 41 for the property located at 705 Bayshore
Drive and to assess a fine in the amount of $25 per day
beginning on. 16th April until compliance is achieved. And to order respondent to contact the Code of Enforcement Division to arrange for a reinspection of
the property to verify compliance with the board's order. I. Second, what all does that cover say? Again, you're talking about just the outside
cleaning it up, or it's just doing the lawn that's getting all the stuff off the lawn. The codes inspector has already said that the countertops are part of
the reconstruction. That's fine. On the on the side so you don't have to lift those. And, you know, all I can tell you is I feel your pain. You know, we you
know, we're not trying to hurt you or anything like that. But this will give you the time to do that. And, you know, we've got a magic wand to make you. We
would. But so the motion has been made and seconded. Roll call please, Bobby. Doctor Mateo. Second I, Mrs. Archer?
Yes. Mr. Weeks? Yes. Mr. Patio, I miss Wade. Yes. If you'll summarize for her, please. So you have been found in violation, as you know. But you
have 30 days, basically 30 days. It's a little additional days to come into compliance. Please keep in touch with Mike so you can tell him where you are, what you're doing, you know, when you
get completion. So we can have that so he can do an affidavit of compliance and then no fine will start running. Thank you.
Okay. Thank you. The third item on our agenda today is has been resolved. Yes. For West MLK, they came into compliance. That
item has been resolved and removed from the agenda. They have come into compliance. Piece
for case number 25-80000410. Tarpon Plaza Realty Trust with.
Us Varnavas Zacharias is the trustee in that seven five zero South Pinellas Avenue. And if you'd like to come down to the
microphone, then Mike will make the. The city's case. All right. Good afternoon. My name is Mike Rollison. I'm the code enforcement officer for the
Tarpon Springs Police Department. And this is at the property is 750 South Pinellas Avenue. And it's specifically
over the business discount grocery. Do you have any objection, sir, to me submitting evidence, Fabiola entered the
evidence. Thank you. All right, so this case was brought to my attention on February 2nd, 2025 from a combination of the fire
marshal and calls for service to the police department. The first issue which was raised by our fire marshal was that a large refrigeration trailer that would
be hauled behind a semi truck was in the fire lane, creating a pinch point for our fire trucks. So to comply with that, they moved it to the rear of the
building. So that issue was resolved. We then started receiving calls from service calls for service from residents who live behind the property,
complaining about, I guess, the generator on the truck itself running, causing a noise issue. I explained to these residents that the noise ordinance we have
is very vague, and that I would start researching and looking into it. After talking with other city departments, it became. I became aware that the
trailer itself is exactly that. It is a refrigeration trailer. It cannot meet the definition of a structure, so it cannot be there. It can't be permitted by the building department as a
structure, and it can't meet zoning requirements. It cannot be there. So in an effort to mitigate the noise for the residents, they have turned the
trailer around to direct the sound away. And then they came to the Technical Review Committee to apply for a
temporary use permit that gives them 90 days to operate, and it can be extended one time for an additional 90 days by the city manager, and then cannot be
extended again, per the ordinance. So right now, and I have no issue with them getting that extension. So for all
intents and purposes, six months to use this trailer, which is critical to their business. I have no objection to that. Again, they suffered storm damage. I have a 100% understand
their use of it and they're trying to work through it. However, we also have to balance that it cannot be there. It doesn't meet Florida building
codes and can't be there as a permanent structure. And we also have to balance the needs of residents who live behind it. Some of those residents have come and asked to speak. So as I
finish up my presentation, I'd ask that they be allowed to speak and kind of share their perspective on what they're
dealing with. So that concludes my presentation. I've submitted evidence. Exhibit A is photos. Exhibit B is the notice of violation and notice of hearing. Exhibit C is the affidavit of
postings for that notice of violation and notice of hearing. Exhibit D is the Pinellas County Property Appraiser and tax records and exhibit E is our correspondence. And then I just
ask that any of the residents who do want to speak and speak, would they do that now or after he makes his we would do it after you let the residents. Mr.
Varnavas, if you'll come to the microphone, please, and identify yourself. Normally our process would be that you would speak first, and then the resident, Ivanovich Sagaris, the trustee of Tarpon Plaza Realty Trust.
We've been there for 20 years. Okay? I don't understand what's going on this at this point. Do you have questions for the code enforcement? Yeah, I do have a question. I do have questions.
We had an air conditioning unit on that building for 45 years. That was much, much louder. Is this a question? Yes. Okay. Can I finish what I'm saying? Much,
much louder. My question is this. For 45 years, nobody's complained. All of a sudden, somebody built something in back of us. And we get we get
complaints about noise. Now let me just set the stage here, okay? We've got a grocery store there, got a can I talk? No. The question is, do you have any
question any more? Do you have a question for the questions for the city once you're done with that? The question the question is this. It's not if there's a license plate on that trailer.
Is that correct? That trailer is not is not permanently there. Okay. There's a license. So in essence, you're saying, hey, a tractor trailer Vaisnavas cannot
park back there. Are you saying that with a license plate on it? I'm saying the tractor trailer cannot be back there and used as on site storage for the business? It'd be it. I get the
argument. You're saying if it was coming and going every day making a delivery, but it's staying back there and being used as a by the definition. Let's talk about definition for a second. Okay. I want to ask
you about that. You got a trailer with a license plate on it. What is it. Is it a storage place? If you had a truck there and they stored some stuff in there, would that be illegal?
Would that be a violation? I don't know, I don't know. You're going to put these guys out of business. What you're doing. These guys are going to go out to bid. We just had almost a half $1 million in damages because we're self-insured,
because we can't get insurance there, half $1 million to fix the place up. Okay. With the flooding that we've had, I don't know how much Mr. Bowis had probably $1 million in damage in there, if not more. Okay, you
can buy a porterhouse steak for $6 there. It's great for the community, so we don't want to see them go out of business. So hopefully we can work something out today that works for everybody. Okay. Rather than
than have these guys pull out and go someplace else. So, you know, that being said, being there's a license plate on there, I don't think you're right. I think you're wrong. My position is that, look, it's a
tractor trailer with a license plate on it. If we want to store stuff in there, we can we don't want to store stuff in there. We don't have to. So that that's our position with that second thing, what I want to ask you is
it was that noise that was up there for 45 years. Nobody ever complained. Okay, now there's some complaints. I understand that, and I can try and work with the neighbors because we're neighbors, okay? Try and work with them. If we put that thing
on the side. For the life of me, I don't understand. When you got a wide driveway, why a fire truck can't get in there. No, it's the lady before him. That
must be that woman's glasses. Yeah, that woman dropped her glasses by himself, so. And I actually ran that by the fire marshal. And I believe that
email was submitted as evidence that he said that there was no way he could permit it to be there. I you're telling me. So, in essence, you're saying a fire truck cannot go through there?
That's insane. I mean, it's so wide. The fire lane is a fire lane. So fire lane is a fire lane. Full stop. You can't park. If you stop there, you can get a
ticket. That's a fact. 67. That's how many. Okay, wait, wait, wait. You're not going to have side talking in this meeting. We'll call you and you can speak, but we're not going to. How wide? How may I ask you
this? How wide is that driveway? Do you know? I do not. So how can you say that a truck cannot go by, that we don't have the measurements because the fire marshal already. I don't care what the fire marshal says. I do
care, but I don't. I may be wrong. Okay? You're. You're doing a presentation. Present your case. Okay? We're not getting. You asked if I had any questions. And these are the questions I have, sir. Well, you had questions, but now you're
arguing with him. Okay? They don't know how wide the driveway is. And they said, hey, we can't get the truck around there, but we don't know how wide it is. He didn't say that doesn't fly. He said the fire marshal said that
it's unacceptable. That's the only testimony that he's given. Okay. Why is it unacceptable? He doesn't know that. The fire marshal knows it. So why? Where's the fire marshal? May I
say something? Why is he not here? Because it was already moved and his issue was complied with. So he was not needed to be here. I think the solution is, I think the solution would be. And
let me run it by you. Okay. If we moved it and the fire marshal came out and said there is enough room for a truck to go by there, that would be okay. I've already asked him. He said there is no scenario in which the
truck, that truck trailer can be placed in between the two buildings. May I say something, please? Yes she has. If that place should call, court should catch on fire. You would have a
lot more than one fire truck going in there. You would probably have 15 fire trucks going in there. That is the reason. You don't know how wide
the driveway is. Thank you. Wait wait wait, let me finish. Can I please finish? I'm very upset about this. Very upset. We try to. We've been here for 20 years. Never had a problem. All
of a sudden we got violation after violation after violation. Okay. And I don't understand it. I mean, it's a it's a tractor trailer. They're building condos behind us. It's a commercial space. There's a there's a bar
restaurant there. There's noise there. I just don't get it. I don't get it. Why? What's going to happen now to do freezers inside that unit? It's going to
cost hundreds and hundreds of thousands of dollars. It's not viable economically to do that. Okay. What I'm asking you is how can we work this out as building guy? How can we work this out so
it works for everybody, in your opinion? In my opinion. And this is why I'm I'm trying to give you all the time in the world. And that's why we went to TRC. I
can get you six months, six months to come up with either a properly permitted freezer structure out back or to repair the existing refrigeration in
the building that I am with you and I'm trying to give you time. The city ordinance says I can give you 90 days and it can get extended one time, 90 days. That's what I'm trying to get
the board. Understand I appreciate that. I do appreciate that. But that's not going to solve the problem. The problem is hundreds and hundreds of thousands of dollars in freezers. That would have to be put into the grocery store in
order to make this viable. Okay, now our contention is, and I know you don't agree, is that, look, it's a trailer with a license plate on it. It's not a permanent structure. We can move it every 5 to 10 days. Whatever.
We can move it. We don't want to do that. We don't. We want to. We want to be able to communicate with the city and make it safe for everybody. Okay, so I don't know what the answer is, but certainly putting
somebody out of business for something as trivial as this, for a noise that is someone's perception that is too loud, what is too loud? It's a baby crying too loud. If you go there at night and you you can barely
hear that sound. Now that it's been turned around. Well, and some of the residents anyway. Mike, you want to say something? Your members of the audience
that wish to testify, you're going to testify. Please identify yourself. Thank you. I'm Mike Eisner, 1515 Riverside Drive. I am not here as in a
legal situation. I'm just a resident. But before you testify, counsel. Okay? If this is appealed, it goes before the board of commissioners. This is
a conflict of interest. You'd have to recuse yourself. Yes. Okay. From the commission. Okay. Vote if you choose to speak. If you don't choose to speak, then
you probably could keep yourself before the commission for a vote. That shouldn't be my decision. That should be their decision. That's fine. Just just letting you know. If he speaks.
If I may ask a question, if he speaks now, he has to recuse himself or is it his discretion? No, no, no, he has to recuse. He has to recuse himself. Yeah.
Okay. What do you think? I think I know, thank you. I appreciate everything, Mr. Bowie. Anyone
else that wish to speak on his behalf? My name is Luke Sagaris, and I'm one of the owners. I'm sorry. Identify yourself. Lucas Zagaris. I'm one of the owners of the building and one of the
owners of the building. My home address, the property address where we're talking about whichever one you want to give. 750 South Pinellas Ave. Okay, now, this is getting a little confusing. He mentioned that there was the trailer on the
side of the building that's been moved a long time ago, and that needs to be permanently. Permanently? You wanted that permanently permitted in a building put in this is a trailer that has a tag on it
that pays registration tax that parks back there, but yet you're saying it's not good enough that you want a permanent building, a permanent structure, and then there's something with the noise. If we put a permanent
structure in there with the coolers and everything, it's going to be louder than what it is now. It's going to create more problems in the future. That's my opinion, and I think
that is correct. Also, it is tagged. The taxes are paid on that. It can trail around, it can get moved. I've never heard of something like this happening. If you go by behind any one of the grocery stores in
the area, you'll see the tractor trailers just like this in here in Tarpon Springs. Behind Publix. Behind Winn-Dixie, behind Walmart. Yes, I have photos on my phone I can show you. I have photos on my phone
that that I took last week that I can show you. You're not there permanently. You know, we all live here too. We all drive by all these. But this this is common practice in grocery business. This is a common practice to have a trailer
there. And that trailer does come and go from time to time. It does not sit there constantly. It does get moved out, changed out from time to time when I'm not exactly sure I'm not there day to day, but it
does get moved out. So I'm a little confused of what what what you're requiring here is that for the noise or for the structure? Well, it's because it cannot be permitted. We the city
attempted to work with the ownership to see if there was a way to make this thing fit and be permitted as a structure, and it can't that and by the
business's own admission, saying we use it as part of our daily operations and we cannot permit it as a structure. So you it doesn't meet the requirements to
be back there as part of the business operation. You can show me in the code where they can't use a trailer for their day to day business that has anything you use for day to day needs to be permanent structured, because
it can't be classified as a structure. That's the problem. But it's not a structure. But you also have the problem that it's in a fire lane, full stop. There's the there's no way
that's in a fire lane. Well it's no it's been moved. It's been moved. We're not going to argue that fact. We're not the fire marshal he cited you. We have to go with that. He's the expert. We're not against your grocery
store. We know it meets a need. We love the grocery store, but we have to figure out how to do this. And it has not been there for 20 years. And he's giving sworn testimony that that truck has been there for 20 years
storing stuff. And that's not true. No, no, no, he said the AC back there was back there for many years for their air conditioning system. That was very loud. And they've, they've that we changed out a while
back. But we've gone a little far afield. You need to testify and then everybody else needs to testify. And then the board may have questions for you all, but it's not going back and forth.
You're part of it. Well, I just want to get some stuff correct because some stuff that was said was wrong. I'm trying to clarify stuff. So this is questions, right? No, there's no more questions to him. No more questions. Okay. Thank you very
much for your time. Thank you. And I understand we have some other people that would like to
testify. Thank you for coming. Hello everyone. My name and address, please. My name is Tyler Noel. My address is 47
West Morgan Street. And I come before you today to talk about the piece of equipment, the piece of equipment in question, a mobile refrigeration unit.
This piece of equipment in it emanates a frequency that vibrates our concrete building. So much, though, that so much so that it keeps us up at night. It
starts its engine, it starts revving it up and it shuts off. And it does that 24 hours a day. Not the only one having problems sleeping at night. Only after we
approached code enforcement. Code enforcement went out there and spoke to the owner that they did turn the unit around, which is about a 20% reduction in
noise. But myself and my partner live the closest proximity to the piece of equipment. So we are really feeling the brunt of
this. Thank you, thank you. Did anyone else wish to speak? Thank you. Just give us your name and address, please. William Buell,
59 West Morgan Street. And also what has been there 24 over seven for over two years. Over two years. They moved it during the flood to the back and then
moved it out. So it is it's I just just got through a heart surgery and I need my sleep and we can't sleep. It's been there. Make that noise. Yes, they did turn around, but Tyler said it
did reduce it some. But you still you feel the vibration and the noise and when it goes to shut down, it winds up like a small plane where you take off. That's what that compressor is
running like. So, you know, there might be another way to deal with this, you know, besides. But like they're saying, it's not a permanent structure. It does not move like
they're saying they move it. It doesn't move. We've been there seven years and two whenever the store opened. So when they brought that trailer in and put it outside and then they moved
it after the fire. Marshall, what year was that? When they have to move it? That was, as I'm aware, as I've come into this case, it was just moved
recently by the fire marshal, the new fire marshal, Kevin Woodridge. It's been about a year and a half or so, at least way before the flood. It was moved to the back, and then they moved it a couple of times
during the flooding. So that's all I have to say. Thank you. Thank you for coming. Your name
and address, please. I'm Chuck Gusman. I live at 55 West Morgan Street in Tarpon Springs. I'm only coming to enforce with my
neighbors. I like to sleep just like everybody else. And it is an issue at this place. And I don't have a great solution for anybody. But I think that it has
to be fixed. And I don't know if this thing can be on the other side of the building. I heard a lot about how expensive refrigeration is. I felt that
there should be a little less cost of refrigeration, but I'm not an expert in it. But if it's so expensive, I can't imagine why an alternative like placing
it on the other side of the building over along Pinellas Road wouldn't be an option. Yeah, they probably have to move it every day, but if the refrigeration is so expensive, then so be it. That's all I have
to say about it. Thank you, thank you. Did anyone else wish to speak on this one way or the
other? You can only speak one time. Oh, sorry about that. I don't see anybody else that
wishes to testify. Board members, do you have questions for the city or do you wish to discuss them? I'm not sure how
this question. But is it possible to convert the generator to electric and wire
it to that? Is that possible? No, I can answer the question. Yeah. I can't find you. And I'm
not sure it's our place to help them figure out the solution. We just need to address whether they have violated our city codes or not. Then they can work
with the city to figure out an alternative, am I correct? That is correct. The. It's up to you to determine whether or not there is a code violation, and if there is what time period
they need to come in compliance. Working it out is between the owner and the city, and the city has suggested a 90 day. They've
been yeah, they've been granted a temporary use permit for 90 days. So I would ask for a motion that we revisit this in 90 days because he would still
need to submit his narrative in writing as to the unusual circumstances or the one time extension for an additional 90 days. The only issue that I see
is that, okay, you have this 90 days and low frequency noise. Everything has a resonant frequency. I'm a signals guy. Every everybody. Everything has a resonant frequency and low
frequency noises can impact health, can impact sleep. That's why submarines have dampers on them. So the crew don't get, you know, up from low frequency
noises. So how do you compensate for that? Well, and that's that is what was made clear at the TRC that temporary use permit
gives them the permit for that temporary structure now to be used, but it does not excuse the noise ordinance violation. So if there continues to be noise
complaints, that's going to be a completely separate issue. Got
it. We don't have the authority to issue this permit. We can only tell them to get the permit. What I believe this the
city is asking for is a determination of violation. If there is a determination of violation to put this back in 90 days, to give you a status as to
where things are, which might include asking for another 90 days if they're granted it to try to work. I mean, this is not a simple solution. We're going
to have to work on this with the city. So at this point, we're looking for a 90 day, and then we'll be back to talk about this
if that's what the board chooses. Okay. Would anybody
like to make a motion. I. We've already concluded public comment. I'd say 30 days instead
of 90 days. And I'd say, come back here every time until the noise level goes down. Well, the city is already is already entertaining. The granting of 90
days. So it's that's being requested. I mean, if you do 30 days, it probably won't even have. We won't even have the request in place to make the
review. But the 90 day is for the trailer itself. The 90 day doesn't address the noise. Yeah, that's there's two separate
issues that the TRC 90 day permit, which they have secured that solves the problem. One of not having a permit. The noise is a separate issue. They've
they've made a good faith effort to mitigate it in the short term by turning it around. I'm hoping in this 90 days between the residents, city staff and the respondents, we can come up with
a permanent solution. But that's why I'm asking for 90 days. And if we haven't made any progress, then we would go from there writ
large for. If I lived in those houses behind there, I wouldn't want 90 days, I'd want 30, and I'd make them come back here every time until they get it
right. And before us. Personal opinion. There's an additional issue. Problem with that is that the city's noise ordinance is. I
hate to use the term imperfect, but it's vague. Another word for it. And hopefully if we give them 90 days, they can work out what the noise problem is, as
well as the parking issue, I think, was what the city's thought was, I'm just interpreting, I think what I
heard. We're not saying we don't feel for you horribly, but we want to make it a more permanent solution. So we're not just
kicking this down the road over and over. So it's not something I'm sorry. We're going to have
to have order in the in the room while we. Anybody want to make a
motion. Okay, I move in case number 20 5-80000410 defined
respondent. Tarpon Plaza Realty Trust Barnabas Zagaris, trustee, in violation of City of Tarpon Springs Code of Ordinances,
Section 1214 eight dash 14 and 179 .01 for the property located
at 750 South Pinellas Avenue, Tarpon Springs and.
To assess a fine. In the amount of $50 per day. Beginning on.
This. Like for 90 days. June 14th okay, June 14th. Until compliance is achieved and ordered and to order responded to contact Code Enforcement
Division to arrange for reinspection of the property to very compliant. Verify compliance with the board's order and the city has already said. It's an additional you can
apply. They can apply for a one time extension for an additional 90 days. So I will be happy to bring that back to this board if
they apply for it. Okay. Motion has been made. Do I hear a second? I'll second. Bobby, roll
call please. Doctor. Mateo, I missus Archer. Yes. Mr. Weeks?
Yes. Mr. I and miss Wade. Yes. And although he's going to summarize this for you, we understand this is a discomfort
to you folks. And we also understand that the grocery store is loved and needed. So that's why the city is trying to work with everybody to figure out some sort of solution that
might work for them all. And he's going to summarize that. Thank you everybody for coming. You have 90 days to get with the city to work out, at least for
temporary purposes. What you're requesting, what solutions are possible. There's a possibility of an additional 90 days with that. So just please contact Mike and you already know who
you are. You've already contacted the city regarding the earlier request, so please keep doing that so we can avoid any kind of penalty coming in place.
Okay. Thank you. Thank you folks.
What's he doing? I'm sorry sir. Any further discussion will have to be made outside of the meeting. You mean there's a meeting going on? That's hearing
aids are. What's that you're talking? Did you say something? I think you'd be better. Thank
you. We'll see you. Thank you. Yeah. Luster. And that's the
last of the new cases are. Case C5. Can be way less controversial. Good. Case
number. I was going to say just tarpon have an environmental monitoring monitoring department. We can't hear you. I'm sorry. He's asking if we have an environmental monitoring department with the city.
Everybody needs to hear that. Okay, well, one second. Mike's going to just ask them to move
out. But my question was, is, does tarpon or maybe it's the county that has an environmental
monitoring department, you know, with regards to noise, because the noise complaints are handled through the police department. Noise ordinances are very
difficult. They're either specific volumes, which is always difficult because that change. Right. Or it's the reasonable person standard,
which is also difficult from that perspective. Although, you know, you take into some of the other considerations, i.e. Whether or not there's vibration and things like that, then you
have the cavitation, it starts resonating because, you know, I feel it too. But you know. Right. So there. Yeah. So we're I mean, as you can tell, the city is trying to work with them
to see what we can get a solution. I agree and positivity on both sides is helpful. Piece
of. 525-80000428. No one is here for that case. This is no Mickey M valves Barbless and Michael
Valveless at 1403 Circle Drive. It's a illicit discharge violation. Good afternoon. My name is Mike Rollison. I'm the code enforcement officer with
the Tarpon Springs Police Department. This case was brought to my attention by city staff for an illicit discharge that occurred at 1403 Circle
Drive. It is a homesteaded property, so there were two separate illicit discharge incidents at 220 and 224. It was
an accident. A drum of paint was dropped by a contractor and spilled. The city did some mitigation effort to block it,
vacuum it up, and issued a bill of service to the homeowner that's already been paid, and the contractor who was working on behalf of the homeowner was
very responsive and has completed all of the required mitigation that the city asked for. So all I'm looking for today is that they were they are
in violation, but that they have complied. We're not looking for fines. We just want this on the record. So if there is a future discharge issue, I'm going to submit evidence. It's the usual
exhibit A photos, exhibit B notice of violation and hearing, affidavit of posting and notice of Violations. Pinellas County Property Appraiser and tax records and emails and
communications with city staff, the contractors and the bill that has been paid. So everything is settled up. And Bobby will admit that into
evidence. Could you tell us what spilled? Okay, I remember it was a drum of paint of blue paint. I remember this case. Acrylic
paint, blue acrylic paint. I did remember seeing that. Okay. Thank you. Would anybody like to
make a motion on that one? It is in violation. But now in compliance. And any money that
it costs the city has been
reimbursed. Yep. Motion for.
Both. Okay I think. I move in case number 20. 5-80000428. To
find the respondent. Namiki and Valveless and Michael Valveless are in compliance for correcting the violations and to accept the
affidavit of compliance. No, there is no I have to go back one don't we? We don't know. They're just we're just finding. Find him. Found him in violation. Right. But he has come in to comply. There's no
affidavit. Okay, then that's wrong. I'll amend that to move in case number 20 5-80000428 to
find the respondents, Namiki and Fabulous and Michael Marvelous. In violation of city Code of
Ordinance section 20, Dash 93 for the property located at 1403 Circle Drive, and to assess no
fine as it is in compliance. Second. Seconded. Roll call please. Doctor, hi. Mrs. Archer.
Yes, Mr. Weeks? Yes. Mr. Video, I miss Wade. Yes. Thank you. In
our final case for today, case. 23-80000238 Christine Weiss and
Peter Cusack. Who at 543 East Spruce Street. So this is simply an affidavit of noncompliance. The board issued an order at the previous code board meeting for
this property to be cleaned up, and they have not come into
compliance. We just need a motion. And second, so I, I make a motion on
case number 23 8000038 to find the person not in compliance. And assess. No, you're just
accepting an affidavit. Accepting the affidavit. Okay. This is because your order affidavit was not followed. A
second pinch. And roll call. Bobby. Doctor. Mateja I. Archer.
Yes. Mr. Weeks? Yes. Mr. Video I this way. Yes. And there's evidences coming your way to be
admitted also. Bobby. Madam chairman. Yes, sir. I think you need to leave. I understand all of our regular business has concluded and Doctor Mateo needs
to be excused. Thank you. Thank you. We have any messages or notices? I did have one. I understand that we're going to
lose Officer Boone. He's retiring. And I am really sad to hear that. He's been an asset to our board, to our city. The
attitude that he presents to people is emblematic of what everybody wants their police officer to be helpful, friendly, as well as providing safety for
our city. So, Boone, you're here. You're here. We'll be really sad to lose you. Oh, otherwise, the city is still looking for members who wish to
be on boards with the city. If you have just a little bit of time and would like to contribute, there are a number of different boards within the city who would love to have you help them, and to provide the
services that the citizens need. Anything else? Meeting's
adjourned. Thank you.