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Home My WebLink About02151995 City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SEBASTIAN CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY ,!5, 1995 AGENDA CALL TO,,,..ORDER~ APPROVAL OF MINUTES: - REGULAR MEETING OF DECEMBER 21, 1994 ATTORNEY'S MATTERS: OLD BUSINESS:. CASE# 94-9549, ROLF MORRIS ~EW BUSINESS:. CASE# 94-9892, ALAN FARWELL, 318 ORANGE AVENUE APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN BOARD ATTORNEY REQUEST AND..REPORTS: BUILDING OFFICIAL'S MATTERS: GENERAL DISCUS.SION~.. P~UBLIC INPUT: ADJOURN ;, NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. CODE FO CEMENT BOARD REGUI,AR MEETING FEBRUARY 15, 1995 The meeting was called to order by chairman Gilliams at 2:02 P.M. ~ PRESENT: Chairman Gilliams Mr. Nicolini Mr. Metcalf Mr. Generazio Mr. Neglia Steven Lulich, Board Attorney EXCUSED: vice Chairman Kostenbader ALSO PRESENT: Mr. Tim williams, City Attorney Richard Schofield, Code Enforcement officer Bruce Cooper, Director of Community Development/Building official (arriving late) APPROVaL OF MINUTES: Mr. Generazio made a motion to approve the minutes of the meeting of December 21, 1994, as written. Mr. Neglia seconded the motion. Roll call was taken. The minutes were approved 5-0. ATTQRN, E~'S MATTER~.' None ~LD BUSINESS: Case# 94-9549 At the last regular meeting of December 21, 1994, the Board requested an underwater inspection be made at the location of Mr. Morris' boat site to determined if all debris had been removed under the surface also, specifically engine blocks that might have been used for the boat mooring. Mr. Williams states because of the water's murkiness this time of year, n~ one has been able to go under the water for an accurate inspection. There may be large pieces from another sunken boat under the water at that location which contributed to Mr. Morris boat sinking. He suggests the Board table this case until the inspection can be completed. PAGE TWO CODE ENFORCEMENT BOARD REGULAR MEE ING OF FEBRUARY 15 1995 Mr. Generazio has concerns for the safety of other boaters if there is any large debris left under the water. Mr. Schofield states there is an orange float to mark the area. He explains there was a boat that went down in the same location in 1971 according to Florida Marine Patrol records. He states that even if there is any debris under the water, it must be identified as to what boat it belongs to. Mr. Schofield will be using his own scuba gear to do an inspection this weekend. Mr. Metcalf asks if this marker is in a marked waterway and how deep is the water? Mr. Schofield states the water is about 5 feet and it is in a city anchorage area, not the channel. Mr. Lulich states the order approved for Mr. Morris' case deals with removing a sunken 44 foot Trimaran boa%. The order does not include or specify the underwater mooring. If the debris underwater is a piece of the boat, then it is actionable under the Order. If it is not, and even if Mr. Morris put it there, or it is a piece from another boat, the order only deals with the 44 foot Trimaran. A separate case would have to be opened for removal of anything else other than the boat. Mr. Generazio states he is not concerned at this point who, or how the engine blocks got to this location. He feels the City would be liable for any accidents caused by these blocks and would like to see them removed. Mr. Lulich asks about the marker for this location that Mr. Schofield mentioned. Mr. Schofield states that it is actually a 2-liter bottle spray painted orange. Mr. Morris did not put it there. It is tied off to whatever is underneath the water. Mr. Lulich states that the mooring, whether using anchors or engine blocks, must be in violation of a specific regulation for either Mr. Morris or the city to be required to remove. There are lots of other marked moorings in the Indian River. If there is a violation, er must be made for removal. The agenda item a complaint or o~the closing of Mr. Morris' case file. This is being discussed what should be decided. Mr. williams states what was asked of staff was to determine if the underwater debris was part of Mr. Morris' boat. This has not been determined as of yet because of the water condition. Staff is asking that this case again be deferred to the next meeting. CODE, ENFORCEMENT BOARD R~EGULAR MEETING OF FEBRUARY ~5, 1995 Mr. Nicolini made a motion to table this case until the next meeting. Mr. Metcalf seconded the motion. Roll call was taken. 5-0 motion carried . N~W BV~iNES~ Case# 94-9892 Mr. Lulich swears in all persons testifying in this case. Mr. Cooper informs the Board that a permit for the shed on Mr. Farwell's property had been pulled after Mr. Farwell received notice to appear before this Board. Mr. Farwell had a shed improperly placed on his property without a permit being issued for it through the Building Dept. Mr. Farwell is not present at this meeting because he was lead to believe everything was taken care of by the contractor who pulled the permit. Mr. Cooper asks Mr. Schofield if a final inspection was done on the shed? Mr. Schofield states yes, and Mr. Farwell is now in compliance. Mr. Cooper asks the Board that Mr. Farwell still be found in violation and that no fine be imposed. There is no one present to represent the respondent. Mr. Lulich asks if there is a proposed Order? Mr. Cooper states there was a prepared Order done before Mr. Farwell came into compliance. He would like the same Order to remain except for the fines. Once a case is brought before the Board, even if it is brought into compliance, staff always recommends to still find them in violation because it took this much, and this far, to make them come into compliance. And if they are found in violation again, the Order will be on record. Mr. Williams presents notices dated October 18, 1994, December 6, 1994, and notice of meeting dated January 31, 1995 that were either mailed or hand-delivered as the City's evidence. The first notice was sent certified mail but was unclaimed. The remaining two were hand-delivered. Mr. Neglia asks if there is a penalty for pulling a permit ,,after the fact"? Mr. Cooper states the permit fee can be doubled, but does not know if Mr. Farwell's fee was. Mr. Williams reads the proposed amended Order for Case# 94-9892, relating to the Findings of Fact and Conclusions of Law. CODE ENFORCEMENT. BOARD REGULAR MEETING OF FEBRUARY 15, 1995 PAGE FOUR Mr. Metcalf made a motion to accept the proposed Order for case #94-9892, Mr. Alan Farwell, as amended by the City Attorney. Mr. Nicolini seconded the motion. Roll call was taken. 5-0 motion was accepted. Appointment of Chairman and Vice Chairman Ail Board members must be present for appointment of Chairpersons. Vice Chairman Kostenbader is absent from the meeting. Appointments are deferred to the next meeting. BOSUn ATTORNEY ~EOUEST$ AND REPOR~S~ 0EN~RAL DISCUSSION: PUBLIC INPUT: Mr. ~enerazio made a motion to adjourn the meeting. seconded the motion. The meeting was adjourned at 2:33 P.M. Mr. Neglia Minutes approved at the code Enforcement Board Secretary , 1995 Meeting. hairman