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Home My WebLink About02162000 CEBCITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING FEBRUARY 16, 2000 Chairman Cosco called the meeting to order at 3:02 p.m. The Pledge of Allegiance was said. ROLL CALL: PRESENT: VC Barczyk Mr. Cavallo Sal Neglia Mr. Connelly Chmn. Cosco Mr. Davis(a) Mr. Schofield Mr. Morozowski(a) (Elizabeth Brauer was not present for Roll Call, but arrived later.) ALSO PRESENT: Tracy Hess, Planning & Growth Management Director Jan King, Planning & Growth Management Manager Rich Stringer, City Attorney Tim Z. elinski, Code Enforcement Officer Kathy Breuer, Code Enforcement Officer'~ C.~At~MAN Dorri Bosworth, Board Secretary (~OARr)) Kay O'Halloran, City Clerk .... Linde Galley, Certified Licensing L/ITiClalAp,p, ROVED SUBJ'ECT TO Randy White, Police Chief Ann Breck, Recording Secretary ~~ ~'~' Councilman Barczyk was present in the audience~/'/'''~' ANNOUNCEMENT~ Chmn. tosco announced that the positions of Mr. Neglia, Mr. Schofield and Elizabeth (Griffin) Brauer are up for renewal. He noted that the Clerk's office will be accepting applications until February 29, 2000. He also noted that Mr. Davis(a) will be voting in place of Elizabeth Breuer. APPROVAL OF MINUTES' (1/19/00) Mr. Neglia wanted a change made on page 3 of these minutes to remove the one-year time limit of the Vice Chairman. After careful research, the City Attorney has responded that all officers (Chairmen and Vice Chairmen) of all Boards have only one-year tenures, and have traditionally been elected in that manner. The minutes shall stand as written. Chron. Cosco noted that Elizabeth Brauer has arrived and will be voting for the remainder of the meeting. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF FEBRUARY 16, 2000 MOTION by Barczyk/Davis I'd like to make a motion we accept the minutes from January 19th. A voice vote was taken. 7 - 0 motion carried. OLD BUSINESS: A. Discussion - Understanding and Enforcing Occupational Licenses - Linda Galley, City Clerk's Office Ms. Galley, Administrative Assistant and Certified Licensing Official gave her presentation and answered questions from the Board. She noted that enforcement has not been a big issue in past years, but she is now working well with the Code Enforcement officers and plans to see the kinks worked out of this enforcement effort in the future. She also noted that Mr. Strohm had the exact dollar amount for the 1999- 2000 license year, and in order to dear one delinquency from the books, she took his money for the 1999-2000 year. There was much discussion about this issue. Ms. Galley also explained the change in the name of Mr. Strohm's business from Falcon Boats to Anchor Boats approximately two (2) years ago. Kay O'Halloran gave a presentation, noting that she had requested that Ms. Galley become a Public Relations Person from the City Clerk's office, and as her position of Certified Licensing Official, wear a badge for identification, and visit businesses with an application in hand and check for the display of current licenses. She gave more information, but indicated that this request was not accepted (by City Council). She also noted that it is the responsibility of the business owner to check on these issues. There was more discussion on fines and procedures. B. Violation Hearing - Case #99-15825 - Brian Strohm - 637 Old Dixie Highway - Section 30-29, Code of Ordinances Atty. Stdnger gave an opinion in this matter, cited sections of the Code of Ordinances, and discussed the issue with Board members. The issue of "linkage" was discussed, and the current Code would need to be changed to accommodate this subject. MOTION by Cosco/Neglia I will make a motion that we recommend to the City Council that they pass an Ordinance with a linkage to the past years' delinquencies and license fees, and no current license shall be issued prior to any applicable previous penalties being completely satisfied. There was bdef discussion. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF FEBRUARY 16, 2000 Roll call: Mr. Connelly - yes Mr. Cavallo - yes Mr. Neglia - yes Mr. Schofield - yes The vote was 7 - 0. Motion carded. Discussion on the Strohm case #99-15825, MOTION by Barczyk/Connelly I'd like to move that we dismiss Case #99~15825. Bdef discussion. Ms. E. Brauer VC Barczyk Chmn. Cosco - yes - yes - yes AMENDMENT Connelly/Cosco Add '~vithout prejudice" to the above motion. Roll call on amendment: Chmn. Cosco - yes Mr. Connelly - yes Mr. Cavallo - yes Mr. Schofield - yes The vote on the amendment was 7 - 0. Amendment carried, Roll call on the motion: Chron. Cosco - yes Mr, Connelly - yes Mr. Cavallo - yes Mr. Schofield - yes The vote was 7 - 0. Motion carded. NEW BUSINESS: Mr. Neglia - yes Ms. E. Brauer- yes VC Barczyk - yes Mr. Neglia - yes Ms. E. Brauer -yes VC Barczyk - yes Mr. Moore had not ardved yet, and Atty Stringer gave a brief presentation about a suggested schedule of fines and suggested times of COmpliance in conjunction with restructuring the Code Enforcement Department. Chief White handed out copies of Altamonte Springs Code Enforcement program and suggested that it might be a good compromise for Sebastian. He noted that this program includes the ProCedures our City now follows, and adds the citation process. He also stressed the need for a schedule of fines and times of compliance. There was discussion on this issue. Atty.. Stdnger indicated that the Code Enforcement Board needs to make a recommendation to City Council suggesting fines and compliance times. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF FEBRUARY 16, 2000 He also suggested that this Board may want to come back at a workshop meeting to cover this issue. The Board members were in favor of this suggestion. A break was taken at 3:58 p.m. to obtain a time schedule for Council Chambers. All members except Mr. Morozowski returned at 4:05 p.m. Chmn. Cosco recognized Councilman Barczyk as being present. Chief White handed out copies of the citation form from the City of Vero Beach. After discussion, it was determined to set the workshop meeting on February 22 at 1:00 p.m. An alternate date was chosen as March 2"d at 1:00 p.m. City Manager Mr. Moore arrived at 4:10 p.m. and was informed about the workshop and suggested meeting dates. Mr. Moore confirmed the February 22nd workshop date. He apologized for arriving late, and gave a bdef presentation on information that will be needed from this Board in order to restructure the Code Enforcement Department. ATTORNEY'S MATTERS: Report on conflict of interest - Elizabeth {Griffin) Brauer Atty. Stdnger gave a presentation and summarized that Ms. Elizabeth Brauer could remain on this Board, but may not vote on any issue brought before the Board by Code Enforcement Officer Kathy Brauer. There was some discussion. Atty. Stdnger noted that a "quorum" would not be effected if Ms. Brauer abstained from voting on a case. He proceeded to explain some of the legal attitudes about abstaining and being disqualified. There was also discussion about the requirement of four (4) votes on motions by this Board. It was determined by the Board that Elizabeth (Griffin) Brauer will remain on the Code Enforcement Board. Chmn. Cosco requested that the Code Enforcement officers attend the February 22nd workshop meeting. MEMBERS' MATTERS: Mr. Neglia referred to the discussion about "evidence" as discussed in the minutes of January 19, 2000. After some discussion, Atty Stringer noted that as an evidentiary Board, information cannot be furnished to the Board ahead of time. He did suggest that violators may be informed to bring copies for Board members, but they cannot be passed out ahead of time. Chmn. Cosco adjourned the meeting at 4:30 p.m. (3/I/00 AB)