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Home My WebLink About01162002 CEB CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING jANUARY 16, 2002 Chairwoman Barczyk called the meeting to order at 3:00 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Barczyk Mr. Neglia Mr. Cosco Mr. Morozowski(a) Mr. Van Buskirk VC Connelly Mr. Oakes EXCUSED ABSENCE: Mr. Schofield and Mr. Davis(a) ALSO PRESENT: Officer Hovasse, Alarm AdministratodCode Enforcement Officer Lt. Lockhart/Code Enforcement Warren Lindquist, Code Enforcement Officer Donna Williams-Cyr, Code Enforcement Secretary Rich Stringer, City Attorney Jeannette Williams, Assistant City Clerk Sally Maio, City Clerk Ann Brack,. Recording Secretary Councilman Joe Barczyk Chairwoman Barczyk welcomed new members, Ronald Van Buskirk and John Oakes, to the Board APPROVAL OF MINUTES: MOTION by Neglia/VC Connelly I make a motion we approve the minutes of October 17th, 20014 A voice vote was taken. 7 - 0, motion carried, The Secretary noted that Mr. Morozowski(a) will be voting in place of Mr. Schofield. ELECTION OF OFFICERS: Mr. Neglia nominated Tut Connelly for Chairman. Tut Connelly declined because of health. Mr. Connelly nominated Sal Neglia for Chairman. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JANUARY 16, 2002 Mr. Cosco nominated Mrs. Barczyk for Chairwoman. Mrs. Barczyk declined the nomination. There were no other nominations and Mr. Sal Neglia was proclaimed Chairman. Mr. Cosco nominated Mrs. Barczyk for Vice Chairman. There were no other nominations, and Mrs. Jane Barczyk was proclaimed Vice Chairman. The gavel was passed to the new Chairman, Sal Neglia. There was consensus to chang the agenda, to hear item B. on the agenda as the first issue. NOTICED HEARINGS: B. VIOLATION HEARING - CASE #2001-17194 WENDY LYNN ClLLI & CONCETTA ClESLAK - 165 CAPRONA STREET SECTION 66-3(1) AND 86-47 CODE OF ORDINANCES Wendy Lynn Cilli was sworn in by Atty. Stringer at 3:05 P.M. Atty. Stringer then noted that he received a request from Ms. Cieslak that she would not be able to attend this meeting for medical masons and asked if the case could be continued. Officer Hovasse was sworn in by Atty. Stringer at 3:07 P.M., and gave presentation on this case. Ofcr. Hovasse submitted thirteen (13) photos of the violations as Exhibit A., and indicated that he tried to work with Ms. Cilli and Ms. Cieslak over a period of time for compliance. He indicated that his first contact was on 8/14/01, at which time he was advised that the violations would be corrected. He returned on 9/28/01 and the violations were still in existence, at which time a citation for $50.00 was written to Ms. Cilli. He indicated that the second violation was issued on 10117101, and neither citation had been paid until today, 1/16/02. He noted that he served notice about today's Code Enforcement meeting to Ms. Cilli approximately two (2) weeks ago. He then noted that both junk vehicles have been removed and all the trash has been removed. Atty. Stringer gave a brief summary of the options open to the Board in this case. He noted that finding the party in violation but bringing it into compliance, in this instance, would allow for a repeat offense if it happens in the future. MOTION by Oakes/Connelly I would make a motion, being that this is the first time, Case 2001-17194 is in compliance. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JANUARY 16, 2002 After discussion, an amendment was made as follows: AMENDMENT by Barczyk/Cosco I would amend the above motion to add that there was a violation in case #2001- 17194 but she now is in compliance as of this date. Roll call on the amendment: VC Barczyk - yes Chmn. Neglia - yes Mr. Cosco - yes Mr. Morozowski - yes The vote was 7 - 0. Amendment approved. Roll call on motion: Mr. Connelly - yes Mr. Van Buskirk - yes Chmn. Neglia - yes Mr. Morozowski(a) - yes The vote was 7 - 0. Motion approved, A. VIOLATION HEARING - CASE #2001-19663 PHELPS GARAGE- 1102 LOUISIANA AVENUE SECTION 54-2-5.6 LAND DEVELOPMENT CODE; 98-33 AND 66-1 (1-3-4-5.6) CODE OF ORDINANCES Mr. Van Buskirk - yes Mr. Connelly - yes Mr. Oakes - yes Mr. Oakes - yes VC Barczyk - yes Mr. Cosco - yes Mr. Dillard responded and noted that he needs some more time to come into compliance, and he explained that this is an official impound center. When questioned by a Board member, he responded that he needs another thirty (30) days to come into compliance and move some of the cars to the junkyard. There was much discussion on the subject site. MOTION by Connelly/Oakes I make a motion that in the matter of Phelps Garage, Case #2001-19663 and represented by Sandy Dillard, that, due to his apparent willingness and abilities to come in compliance, that we give him 30 days from today in which to finish the job, after which he will call our Code Enforcement Officers to make, hopefully, Officer Hovasse (already sworn) presented this case and noted that the fence has been covered to screen the vehicles that are behind it. He submitted nine (9) photos as the City's Exhibit "A". He also noted that there is still a problem with too many vehicles that they are not able to screen, but no fine has been placed on the violation as yet. Mr. Merton Dillard (Sandy) was present representing Phelps Garage and was sworn in by Atty. Stringer at 3:19 P.M. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JANUARY 16, 2002 a final suggestion, and finally, if for whatever the reason, we have a flood there, or the swale breaks down or something and you need an extra two weeks don't wait till we cite you, write to Code Enforcement and ask for a little extension and maybe we'll have that even by Easter. Roll call: Mr. Cosco - yes Chmn. Neglia - yes Mr. Connelly - yes Mr. Van Buskirk - yes Mr. Oakes - yes VC Barczyk - yes Mr. Morozowski(a) - yes The vote was 7 - 0. Motion carried. C. VIOLATION HEARING - CASE #2001-13677 MICHAEL MACVICAR & CONCETTA CIESLAK - 704 MADISON STREET SECTION 102-82 CODE OF ORDINANCES Officer Hovasse gave a presentation and informed the Board that he had two telephone conversations with Mrs. Cieslak, one on 1/15/02 and one on 1/16/02. He also indicated that this property has posed problems for a long time. There was discussion on this property, and Atty. Stringer offered methods for the Board to take toward solving the problems at this site. Officer Hovasse noted that Mr. MacVicar refuses to cooperate in any way and refuses to pay any fines relating to the violation. It was determined that the property owner has various options if she doesn't want to require this tenant to comply, and after several years of problems, one Board member indicated that the City needs to take action. MOTION by Connelly/Cosco In the matter of Case #2001-13677, Michael MacVicar, tenant, and Concetta Cieslak, owner of property at 704 Madison, notify property owner, copy to Mr. MacVicar, that they are in violation, and that we are giving them until January 28, (2002) to come into compliance, after which time they will be fined up to $250.00 per day. Roll call: Mr. Oakes - yes VC Barczyk - yes Mr. Cosco - yes Chmn. Neglia - yes Mr. Connelly - yes Mr. Van Buskirk - yes Mr. Morozowski(a) The vote was 7 - 0. Motion carried. Chmn. Neglia then introduced Warren Lindquist, the new Code Enforcement Officer, and Donna Williams-Cyr, the new Code Enforcement secretary. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF JANUARY 16, 2002 Chmn. Neglia asked for an update on Mr. Shannon Cook. Officer Hovasse responded that Mr. Cook is not in compliance as of midnight last night and he will be checking on this site. CHAIRMAN'S MATTERS: A. DISCUSS CHANGING MEETING TIME TO 2:00 PM Ofcr. Hovasse requested this time change to avoid overtime for his Department members who attend the meetings. The issue was discussed. MOTION BY Neglia/Oakes I'd like to make a motion that we change the time from 3:00 PM to 2:00 PM again, Discussion: Roll call: It was made clear that this would be a permanent change and not flexible. Mr. Van Buskirk - yes Mr. Connelly - yes Chmn, Neglia - yes Mr. Cosco - yes VC Barczyk - yes Mr, Oakes - yes Mr. Morozowski(a) - yes The vote was 7 - 0. Motion carried. It was noted that this change will be effective at the next meeting of this Board. MEMBERS MATTERS: VC Barczyk reminded Board members to renew their appointments if expiration is near. There was discussion about interpretation of the Codes. ATTORNEY'S MATTERS: Atty. Stringer referred to the case with Robert Taylor, and indicated that it will be filed again against all, parties listed with ownership instead of only Mr, Taylor. Chmn. Neglia adjourned the meeting at 4:02 PM, (I/18/02 AB)