HomeMy WebLinkAbout02161994aCODE ENFORCEMENT BOARD
REGULAR MEETING
FEBRUARY 16L 1994 L 2:00 P.M.
MEETING WAS CALLED TO ORDER BY CHAIRMAN GILLIAMS AT 2:00 P.M.
ROLL CALL:
PRESENT:
VICE CHAIRMAN KOSTENBADER
MR. DEROBERTiS
CHAIRMAN GILLIAMS
MR. NICOLINI
ATTORNEY LULICH
EXCUSED:
BRUCE COOPER, BUILDING OFFICIAL
MR. FISCHER
LATE:
MR. METCALF
PRESENT:
ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER
RICHARD TORPY, ASSISTANT CITY ATTORNEY
APPROVAL OF MINUTES:
A MOTION WAS MADE BY MR. NICOLINi, SECONDED BY VICE CHAIRMAN
KOSTENBADER TO APPROVE THE MINUTES OF THE REGULAR MEETING
HELD ON JANUARY 19, 1994.
ROLL CALL:
MR. DEROBERTIS
VICE CHAIRMAN KOSTENBADER
CHAIRMAN GILLIAMS
MR. NICOLINI
YES '
YES
YES
YES
MOTION CARRIED.
ATTORNEY'S MATTERS:
RICHARD TORPY, ASSISTANT CITY ATTORNEY, WAS LOOKING AT THE
RESIGNATION LETTER OF MR. DEROBERTIS. HE WANTED TO BE SURE
THAT MR. DEROBERTIS'S RESIGNATION HAD NOT ACTUALLY TAKEN
EFFECT YET. HE WANTED TO BE SURE THERE WAS A QUORUM FOR THE
MEETING.
STEVEN LULICH, THE BOARD ATTORNEY, STATED THAT MR. DEROBERTIS
WAS STILL A MEMBER OF THE BOARD UNTIL THE BOARD ACCEPTED HIS
RESIGNATION.
CODE ENFORCEMENT BOAR.~__D-D- REGULAR MEETING ~ FEBRUARY ~ 1994
PAGE 2
OLD BUSINESS:
ATTORNEY LULICH SWORE iN EVERYONE THAT WOULD BE TESTIFYING AT
THE MEETING.
THE ASSISTANT CITY ATTORNEY STATED WITH REGARD TO THE OLD
BUSINESS, THESE ARE JUST REPORTS FOR THE BOARD'S iNFORMATION.
NEW BUSINESS:
CASE# 93-8963, DENNIS DERNBACH
THE ASSISTANT CITY ATTORNEY QUESTIONED MR. ROBERT NICHOLSON,
CODE ENFORCEMENT OFFICER, CONCERNING THIS CASE. HE
iNVESTIGATED THIS VIOLATION ON DECEMBER 6, 1993 AT 170
IAN LOT 30, BLOCK 559, UNIT #16). MR.
KILDARE DRIVE,_ EBAST ( NOTICE WAS SERVED ON
OLSON STATED THE ORIGINAL ..... DaRTMENT. THE NOTIC~ was
~CH~oa~ ,v THE SEBASTIAN POLlC~ ~--~~ S CHARLENE
' ANUARY 17, 1994 AND TM~ CITY'S
RECEIVED ON J ----~,~m ~OTICE WAS GIVEN AS THE
DERNBACH. THE OEI~, .... AND THERE
EXHIBIT #1. A RECHECK WAS DONE ON FEBRUARY 2, 1994
WAS NO CHANGE IN THE PREMISES EXCEPT THE AUTOMOBILE HAD BEEN
REMOVED. THE NOTICE OF VIOLATION HEARING WAS SERVED BY THE
SEBASTIAN POLICE DEPARTMENT ON FEBRUARY 3, 1994 AND THE
RECIPIENT WAS DENNIS DERNBACH- THIS WAS GIVEN AS THE CITY'S
EXHIBIT #2. TWO PHOTOGRAPHS WERE TAKEN ON FEBRUARY 2, 1994,
ONE PHOTOGRAPH ON FEBRUARY 3, 1994 AND TWO PHOTOS ON FEBRUARY
15, 1994. THESE FIVE PHOTOGRAPHS WERE GIVEN AS THE CITY'S
EXHIBIT #3.
MR. METCALF ARRIVED AT 2:10 P.M.
MR. DERNBACH WAS NOT PRESENT AT THE HEARING.
THE ASSISTANT CITY ATTORNEY STATED AFTER THE BOARD HAS HAD AN
OPPORTUNITY TO REVIEW THE DOCUMENTS, HE WANTED TO ADDRESS THE
BOARD CONCERNING PROCEDURES- THE CITY REQUESTS THAT THE
BOARD HANDLES THE ISSUES SEPARATELY AND ADDRESS FIRST SIMPLY
WHETHER MR. DERNBACH IS IN VIOLATION. THE CiTY HAS
ADDITIONAL TESTIMONY WITH REGARD TO FINES AND TIME FOR
COMPLIANCE IF MR. DERNBACH IS FOUND IN VIOLATION.
ATTORNEY LuLIcH STATED THE BOARD WILL DO THIS IN A TWO MOTION
FASHION. JUST FOR SIMPLICITY SAKE, THE BOARD SHOULD CONSIDER
IF THERE WAS A VIOLATION AND IF IT WAS SECTION 86-47.
CODE ENFORCEMENT BOAR.____~D - REGULAR MEETING - FEBRUARY ~ 199~4
PAGE 3
A MOTION WAS MADE BY MR. DEROBERTIS, SECONDED BY MR. METCALF
IN REFERENCE TO CASE# 93-8963 INVOLVING DENNIS DERNBACH
OF LOT 30, BLOCK 599, UNIT 16, 170 KILDARE DRIVE THAT HE IS
IN VIOLATION OF 86-47 AND THAT WOULD BE JUNK AND TRASH AT
SIDE OF HOUSE AND DRIVEWAY.
ROLL CALL:
MR. DEROBERTIS YES
VICE CHAIRMAN KOSTENBADER YES
CHAIRMAN GILLIAMS YES
YES
MR. NICOLINI YES
MR. METCALF
MOTION CARRIED.
MR. TORPY ASKED MR. NICHOLSON IF HE PREVIOUSLY INVESTIGATED
MR. DERNBACK AT THIS LOCATION WITH REGARD TO A VIOLATION OF
THE SAME PROVISION OF THE SAME ORDINANCES, SECTION 86-47.
MR. NICHOLSON STATED THAT IT WAS CASE # 93-8115 AND MR.
DERNBACH WAS FOUND IN VIOLATION ON JUNE 20, 1993 OF SECTION
86-47. THE ORDER WITH REGARD TO 93-8115 WAS GIVEN AS THE
CITY'S EXHIBIT #4. THIS IS A REPEAT VIOLATION CASE. FOR
THAT REASON, THE CITY RECOMMENDED THAT HE BE GIVEN 3 DAYS
FROM THE DATE OF RECEIPT OF THIS CURRENT ORDER TO COMPLY WITH
THIS CURRENT VIOLATION OR A FINE OF $100.00 PER DAY BE
IMPOSED.
A MOTION WAS mE BY VICE CHAi KOSTENB ER'- EC£ ?SDT
MR. DEROBERTIS TO ACCEPT THE CITY'S RECOMMENDATION Tna~
RESPONDENT WILL HAVE 3 BUSINESS DAYS FROM THE DATE OF THE
RECEIPT OF THIS ORDER TO BRING THE PROPERTY INTO COMPLIANCE.
ROLL CALL:
YES
MR. DEROBERTIS
VICE CHAIRMAN KOSTENBADER YES
YES
CHAIRMAN GILLIAMS YES
MR. NICOLINI YES
MR. METCALF
MOTION CARRIED.
THE ASSISTANT CITY ATTORNEY WAS ExcUSED FROM THE MEETING.
CODE ENFORCEMENT BOARD - REGULAR MEETING - FEBRUARY 16~ 1994
PAGE 4
RECOMMENDATION OF NEW MEMBERS:
MR. JOSEPH GENERAZI0 INTRODUCED HIMSELF TO THE BOARD. HE
STATED HE TRAINED CODE ENFORCEMENT OFFICERS IN NEW YORK TO
TESTIFY BEFORE FEDERAL, STATE AND CiTY MUNICIPAL BOARDS AND
ENVIRONMENTAL BOARDS, EPA.
CHAIRMAN GILLIAMS STATED LET THE RECORD SHOW THAT THE LENGTH
OF RESIDENCE FOR MR. GENERAZIO IS 3 YEARS, HE DOES NOT HOLD
ANY PUBLIC OFFICE, HE DOES NOT SERVE ON ANY CITY BOARDS AT
THE PRESENT TIME AND HE WAS NEVER CONVICTED OF ANY CRIME OR
FELONY AND WOULD CONSIDER SERVING ON ANOTHER BOARD.
MR. METCALF ASKED WHAT POSITION MR. GENERAZIO WOULD FILL.
THE BOARD SECRETARY STATED HE COULD FILL BUSINESSMAN
POSITION, WHICH WAYNE TOZZOLO HELD.
A MOTION WAS MADE BY MR. METCALF, SECONDED BY MR. NICOLINI TO
RECOMMEND TO CITY COUNCIL THAT JOSEPH C. GENERAZIO FOR BOARD
MEMBERSHIP UNDER THE DESIGNATION OF BUSINESSMAN.
ROLL CALL:
MR. DEROBERTIS
VICE CHAIRMAN KOSTENBADER
CHAIRMAN GILLIAMS
MR. NICOLiNI
MR. METCALF
YES
YES
YES
YES
YES
MOTION CARRIED.
THE CITY ATTORNEY LEFT THE MEETING EARLIER AND THE BOARD
ATTORNEY REQUESTED THAT A COPY OF THE MINUTES BE GIVEN TO
HIM, PARTICULARLY THIS PORTION OF IT. THE BOARD ATTORNEY
STATED THE REASON FOR TWO MOTIONS FOR ONE ORDER IS BECAUSE
THERE IS A REOCCURRENCE OF A VIOLATION AND IT SHOULD NOT
INTERFERE IN THE BOARD MEMBER'S JUDGEMENT WITH REGARD TO
FINDING A VIOLATION. HOWEVER, IF THE ONLY TIME THERE ARE TWO
MOTIONS FOR ONE ORDER IS WHEN THERE IS A REOCCURRENCE, THEN
YOU HAVE KNOWLEDGE OF THE REOCCURRENCE. THE POINT OF TWO
MOTIONS FOR ONE ORDER IS NO POINT AT ALL. HIS SUGGESTION IS
THAT WE MAKE ONE PROCEDURE THAT IS FOR ALL CASES AND WE DO
BIFURCATE IT WITH SIMPLY FINDING OF FACT AND FOLLOW IT UP
WITH A MORE FORMAL MOTION, WHICH HAS TO DO WITH THE FINE, THE
COMPLIANCE, AND A DETAIL OF WHAT THE VIOLATION IS~ WHICH IS
USUALLY IN THE PROPOSED MOTION. THIS CAN BE DISCUSSED AT THE
NEXT MEETING.
CODE ENFORCEMENT BOARD - REGULAR MEETING - FEBRUARY ~ 1994
PAGE 5
RESIGNATIONS OF HENRY A. FISCHER & DONATO DEROBERTIS:
CHAIRMAN GILLIAMS READ MR. FISCHER'S LETTER OF RESIGNATION.
A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. METCALF TO
REGRETFULLY ACCEPT MR. FISCHER'S RESIGNATION.
ROLL CALL:
MR. DEROBERTIS YES
VICE CHAIRMAN KOSTENBADER YES
CHAIRMAN GILLIAMS YES
MR. NICOLINI YES
MR. METCALF YES
MOTION CARRIED.
MR. DEROBERTIS READ HIS LETTER OF RESIGNATION.
A MOTION WAS MADE BY MR. METCALF, SECONDED BY VICE CHAIRMAN
KOSTENBADER TO ACCEPT THE RESIGNATION OF MR. DEROBERTIS WITH
REGRET.
CHAIRMA/~ GILLIAMS THANKED MR. DEROBERTIS PERSONALLY FOR HIS
SERVICE AS PREVIOUS CHAIRMAN ON THE BOARD.
ROLL CALL:
MR. METCALF YES
MR. NICOLINI YES
CHAIRMA~ GILLIAMS YES
VICE CHAIRMAN KOSTENBADER YES
MOTION CARRIED.
BOARD ATTORNEY REQUESTS & REPORTS: NONE
BUILDING OFFICIAL MATTERS: NONE
GENERAL DISCUSSION:
MR. NICOLINI ASKED ABOUT THE LATIMER CASE ON THE STATUS
REPORT. THE BOARD SECRETARY STATED SHE COULD SEND ANOTHER
LETTER STATING THEY STILL OWE A BALANCE ON THEIR FINE.
PUBLIC INPUT: NONE
ADJOURN:
A MOTION WAS MADE BY MR. METCALF, SECONDED BY MR. NICOLINI TO
ADJOURN THE MEETING AT 2:40 P.M.
MOTION CARRIED.
Minutes approved at the ~
Board Secretary
1994 Meeting.
rman