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HomeMy WebLinkAbout06-20-2017 Minutes1 SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline: 772-388-4436 CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING Tuesday, June 20, 2017 2:00 pm 1. The hearing was called to order at 2:00pm by Special Magistrate Kelley H. Armitage. 2. Present: Special Magistrate Kelley H. Armitage, Acting City Attorney Joseph F. Griffin. Code Enforcement Officer Richard Iachini, Commander John Blackledge, City Clerk Jeanette Williams, Public Works Director Tim Walker, Margarita Hernandez Spanish Translator, Recording Secretary Cathy Testa 3. Ms. Testa swore in all persons that would be providing testimony. Case No: Mr. and Mrs. Fabian Gamez Appeal SEBASTIAN CEMETERY Sec. 34-19 Artificial and fresh flowers, blankets. Sec. 34-22 Enclosures and mounds prohibited Magistrate Armitage called Ms. Hernandez to speak with Mr. & Mrs. Gamez to see if they wanted her to stay for the hearing to translate for them. They declined her service. Magistrate Armitage excused Ms. Hernandez from the hearing. Mrs. Gamez introduced herself and explained to the court that they do not have any control over what other people place on their daughter’s grave. She presented pictures to the Magistrate showing what her daughter’s grave looked like. She stated that the day she received an email from the stone company saying the headstone has been place is the day she received the letter from the City about not being in compliance. She was very upset. 2 Magistrate Armitage asked what the significance of the items placed on the grave were. Mrs. Gamez stated that for their culture it is a resting place that shows it is full of life. Mr. Griffin introduced himself, the City Clerk and the Public Works Director. He stated that the City Cemetery needs to standardize for maintenance purposes. He said he knows this is a sensitivity issue but he is concerned with the maintenance staff getting injured. It is possible that while maintaining the cemetery, a piece from one of the objects left on a grave could break off and injure someone. Mrs. Gamez explained that she is not looking for the entire grave to be covered but asked if they could keep the fence to hold the objects that loved ones are leaving for her daughter. She does not want to get in trouble if there are more than two flower pots on the grave. She agreed that the first picture that shows the flowers covering the entire grave is too much. The Magistrate asked if the toys are meant to be permanent and what would the reaction be if the items were removed after a loved placed them on the grave. Mrs. Gamez stated that the toys are not meant to be permanent and she tries to remove the toys when she comes to visit the grave each time. Magistrate explained that the ordinance did not allow for an elaborate display. He is also concerned with the chance that an employee may be injured. He said his hands are tied and he has to follow the ordinance to the letter. He asked Mr. & Mrs. Gamez what they would like to have on the gravesite. Mrs. Gamez said she would like to have the fence to hold the toys inside to avoid any possibility of injury to the maintenance workers. Mrs. Gamez shared that the Sebastian Cemetery a beautiful place and that is why they chose to have their daughter’s resting place there. Mr. Gamez offered to cut around the fence every week if it would help. Mr. Griffin said perhaps the ordinance is outdated. He stated since the ordinance was written there are many different cultures living here. But he said we must have a standardized process. He said it would be up to City Council to rewrite the ordinance and that could take some time. Magistrate Armitage reiterated by saying it is up to City Council to rewrite the ordinance and it is up the City to enforce it. He stated by the rules in the ordinance, even a little shrine is too much. He asked if everyone could meet in the middle somehow. Mr. Gamez stated that they would remove the toys and leave some of the flowers. Mrs. Gamez asked why there was no sod yet on her daughter’s grave. Mr. Walker said he would address that issue first thing in the morning. Mr. Walker showed Mr. & Mrs. Gamez the only size pots that are allowed in the cemetery. (6”x6”x24”flower box and two small flower pots). 3 Mr. Griffin requested to the court that the practitioners comply with these devices. Mrs. Gamez asked if the 6” x 6” x 24” pot could be place in the ground so it would not cover any of the writing on the headstone. Mr. Walker said he could not see anything in the ordinance that stated the pot had to be above the ground so it would be okay for her to put it in the ground. He told them that all the toys must be able to fit into the long flower pot. Magistrate Armitage told Mr. & Mrs. Gamez that they are others that are not in compliance and City will be addressing them. He asked Mr. & Mrs. Gamez if they would be able and willing to follow the ordinance. Mr. & Mrs. Gamez said they are willing do their best to comply. Mrs. Gamez stated that her daughter’s anniversary and birthday are coming in August and she is not sure if love ones will be leaving toys for her daughter. She agreed to try and remove them when she visits her daughter. Mr. Walker assured Mr. and Mrs. Gamez that nothing is thrown out, it is stored for safe keeping in the Cemetery Sexton’s office. If there is something that they find missing they can go to the office and claim the object. The City Clerk apologized to Mr. & Mrs. Gamez for them receiving the letter from the City the same day that the stone company sent them notice about the headstone being placed. They are only vendors and she had no idea they were sending them the notice. Magistrate Armitage asked Mr. & Mrs. Gamez if they were satisfied with the outcome of the hearing and they said yes they were. He asked them if they had any ill feelings with the City and they responded no. Magistrate Armitage asked if anyone had anything more they wanted to discuss. With no further discussion the hearing was adjourned at 2:44 p.m. .