Code Enforcement Board

PRESENT: ABSENT: DUN~DIN Home of Honeymoon Island MINUTES OF THE CODE ENFORCEMENT BOARD REGULAR MEETING OF APRIL 2, 2024 CITY HALL, 737 LOUDEN AVENUE, 2:00 PM CITY OF DUNEDIN Chair Ken Carson , Vice Chair Phil Stone , Members Dave Pauley, Bunny Dutton , Victoria Butler; Alternate Members Sally Caron and Matthew Wielinski Members Jason Gillette and Dan Bolduc (With Excuse) ALSO PRESENT: Assistant City Attorney Noah Daiker, Secretary to the Board Joan McHale, Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Code Compliance Inspector Rachel Laurel , Pinellas County Sheriff Deputy Constant and two attendees. CALL TO ORDER Chair Carson called the meeting to order at 2:00 P. M. and explained the purpose of th is Board and meeting procedures to those in attendance. CITIZEN INPUT - None Opportunity for the Public to address the Board 1. CONSENT AGENDA Approval of Draft Minutes to February 6 and March 5, 2024 Code Enforcement Board Meetings MOTION: Ms . Dutton moved to approve the minutes of the regular meeting of March 5, 2024. Second was made by Mr. Wielinsk i. VOTE: Motion carried unanimously. MOTION: Mr. Pauley moved to approve the minutes of the regular meeting of February 6, 2024. Second was made by Ms. Caron . VOTE: Motion carried unanimously. 2. TESTIMONY OATH OF STAFF AND PUBLIC Ms . McHale swore in Code Compliance Supervisor Julie Phillips, Code Compliance Inspector Michelle Gilbert, Code Compliance Inspector Rachel Laurel and all others wishing to speak. 3. AFFIDAVITS OF COMPLIANCE 3.a. Case 22-753 City vs lnvestoration Home Development LLC 1

Regular Meeting Dunedin Code Enforcement Board April 2, 2024 MOTION: Ms. Butler moved to accept the Affidavits of Compliance. Second was made by Mr. Pauley. VOTE: Motion carried with Ms. Dutton , Ms. Caron , Ms. Butler, Messrs. Pauley, Wielinski , Stone and Chair Carson voting aye . Voting nay, none. 3.b. Case 23-337 City vs Vision Row LLC MOTION: Ms . Caron moved to accept the Affidavits of Compliance. Second was made by Ms. Butler. VOTE: Motion carried with Ms. Dutton , Ms. Caron , Ms. Butler, Messrs. Pauley, Wielinski , Stone and Chair Carson voting aye. Voting nay, none . 3.c. Case 23-1617 City vs Blake & Brittany Ambrester MOTION: Mr. Wielinski moved to accept the Affidavits of Compliance. Second was made by Ms . Caron. VOTE: Motion carried with Ms. Dutton , Ms. Caron , Ms. Butler, Messrs. Pauley, Wielinski , Stone and Chair Carson voting aye. Voting nay, none . 4. OLD BUSINESS - None to Report 5. NEW BUSINESS 5.a. Case 24-041 City vs 6th Generation Brewing LLC 2000 Bayshore Boulevard (MG) Violation of the Florida Building Code Section 105.1 Building Permit Required Violation of the Florida Building Code Section 115.3 Unlawful Continuance Code Compliance Inspector Gilbert reviewed Case No. 24-041 : Case Summary The property is in the FX-M Zoning District Florida Building Code Section 105.1 Permits Required Any Owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish , or change the occupancy of a building or structure, or to erect, install , enlarge, alter, repair, remove , convert or replace any impact-resistant coverings , electrical , gas, mechanical , or plumbing system , the installation of which is regulated by this code , or to cause any such work to be done, shall first make application to the building official and obtain a required permit. Florida Building Code Section 115.3 Unlawful Continuance Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition , shall be subject to penalties as prescribed by law. Notice of Violation : Was sent Certified Mail to the property owner on January 22 , 2024. 2

Regular Meeting April 2, 2024 Compliance Date: February 22 , 2024. Dunedin Code Enforcement Board Certified Mail Delivery Confirmation was received January 25, 2024 at 10:12 a.m. for both the owner and the LLC. Notice of Hearing was sent to the Property Owner via Certified Mail and posted to the property on March 14, 2024. Certified Mail Delivery Confirmation was received and signed on March 18 , 2024 at 12 : 17 p. m. for both the owner and LLC. The Stop Work Order was issued by the Chief Building Inspector and Bu il ding Inspector on January 22 , 2024 as work was being done without permits. Staff Recommendation Requesting compliance on or before June 2, 2024 or given the severity of the violation as major a fine of $250.00 per day, per violation for each day the violation continues to exist. Respondent Presentation Chair Carson determined there was a representative present for this case. Derek Klein of 109 Shore Drive, Dunedin authorized agent for the LLC stated: The pumps failed in the summer and the plan was to convert the business. What was being built was for the future business and go forward without the beer and wine on premise. His understanding was that all the work being done was permitted through the company that was removing the tanks ; he did not know if that was through the State or Dunedin . He did not realize that work was causing alarms for the City's Code Compliance because it was permitted . From the point he received the Stop Work Order, all work on the building stopped and there has been no one there doing work except for the removal of the pumps. His goal is for compliance and to work with the City. He just failed to understand the process. He responded to Chair Carson he thought he could be in compliance by the recommended date; he has an architect and a general contractor and they are working with the Building Permits and Inspections for design . They have a meeting with the Department of Transportation on Thursday. He did not think there will be an issue for the June 2 nd deadline. Patricia Stough - Patti The Architect, Inc. of 1634 San Roy Drive, Dunedin stated : The permit is in the process of being reviewed . The Health Department permit is going in on Thursday and they are meeting with DOT on Thursday. She thought the main thing that happened in the process was hiring a contractor who did not know the whole process when changing occupancy which means redoing everything from the Fire, life safety plans, the number of permits required from Health Department and so forth . Mr. Klein was misled by the previous non-architect . They have now met with the Design Review Committee (DRC) , wh ich she thought to be the most important, had they done that right away things would have been different. They have taken those steps to get everything back in order. She expressed appreciation for being allowed more time to take care of all the details. 3

Regular Meeting April 2, 2024 Board Member Questions Dunedin Code Enforcement Board Mr. Wielinski asked if it has been confirmed there is a permit for the demolition of the tanks. Ms. Gilbert explained that would be through the State and generally the property owner informs the City. She was doing a routine daily inspection of an open case and because this is a commerci al property she just happened by when someone was working ; she did not see anything posted . Mr. Wielinski clarified with Ms. Gilbert the violations all have to do with the interior and not the outside ; she was showing they were continuing on the path though they did not have anything authorized as yet in hand to move forward with the inside. Mr. Pauley asked if the intent is to leave the islands where the pumps were located ; Mr. Klein advised the islands have been removed as well , the canopy will be staying . MOTION: Ms. Butler moved to find Case No .24-041 , property owner 6 th Generation Brewing LLC, property address 2000 Bayshore Boulevard in violation of the Florida Building Code Section 105.1 Permits Required and Florida Building Code Section 115.3 Unlawful Continuance and that the Respondent shall come into compliance by June 2, 2024 or suffer a fine of $250.00 per day, per violation thereafter until compliance . Second was made by Ms. Dutton. VOTE: Motion carried with Ms. Dutton , Ms. Caron , Ms. Butler, Messrs. Pauley, Wielinski , Stone and Chair Carson voting aye. Voting nay, none. Chair Carson reviewed the Finding and Order of the Board. 6. OTHER BUSINESS 6.a. City Staff - None 6.b. City Attorney - None 6.c. Board Comments - None 6.d. Next Board Meeting The next Code Enforcement Meeting date is scheduled for May 7, 2024 at 2:00 p.m. ADJOURN Meeting adjourned at 2:25 P. M. NOTE: This meeting was recorded and those recordings are a part of the official file . en Carson , Chair / Dunedin Code Enforcement Board 4

1 NOTICE OF PUBLIC MEETING CODE ENFORCEMENT BOARD City Hall, 737 Louden Avenue APRIL 02, 2024 2:00 PM AGENDA CALL TO ORDER CITIZEN INPUT Opportunity for the Public to address the Board 1. CONSENT AGENDA 1.a. Approval of Minutes to February 6, 2024 and March 5, 2024 Code Enforcement Board Review and Approve EXHIBIT: A. Draft Minutes CEB 2-6-2024.pdf EXHIBIT: B. Draft Minutes 3-5-24 CEB Meeting.pdf 2. TESTIMONY OATH OF STAFF AND PUBLIC Swearing in of all staff and public who wish to provide testimony 3. AFFIDAVITS OF COMPLIANCE 3.a. Affidavits of Compliance Case 23-753 City vs Investoration Home Development LLC Case 23-337 City vs Vision Row LLC Case 23-1617 City vs Blake and Brittany Ambrester Accept Affidavits of Compliance EXHIBIT: A. Affidavits of Compliance.pdf 4. OLD BUSINESS 5. NEW BUSINESS

2 5.a. Case 24-041 City vs 6th Generation Brewing LLC 2000 Bayshore Boulevard Violation of the FBC Section 105.1 Building Permit Required Violation of the FBC Section 115.3 Unlawful Continuance Discussion EXHIBIT: A. NB 24-041.pdf 6. OTHER BUSINESS ADJOURN Disability Provisions: It is the policy of the City of Dunedin not to discriminate against disabled persons in employment or the provisions of services. If you have a disability that requires accommodation, please notify the ADA Coordinator 48 hours prior to the scheduled meeting at (727) 298-3043. Appeals: Per Florida Statute 286.0105 - If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. COPIES OF THIS AND ALL COMMISSION AGENDAS ARE AVAILABLE TO THE PUBLIC AT THE OFFICE OF THE CITY CLERK, 737 LOUDEN AVENUE, ON THE MONDAY PRIOR TO THE MEETING DATE. COPIES ARE ALSO AVAILABLE ON THE CITY’S WEBSITE AT WWW.DUNEDINGOV.COM.