HomeMy WebLinkAbout03161994a CODE ENFORCEMENT BOARD
REGULAR MEETING
MARCH 16~ 1994 - 2:00 P.M.
MEETING WAS CALLED TO ORDER BY CHAIRMAN GILLIAMS AT 2:00 P.M.
ROLL CALL:
PRESENT:
MR. GENERAZIO
MR. METCALF
MR. NICOLINI
VICE CHAIRMAN KOSTENBADER
CHAIRMAN GILLIAMS
ATTORNEY LULICH
EXCUSED:
BRUCE COOPER, BUILDING OFFICIAL
RICHARD TORPY, ASSISTANT CITY
ATTORNEY
ROBERT NICHOLSON, CODE ENFORCEMENT
OFFICER
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 FEBRUARY 16, 1994.
ROLL CALL:
MR. GENERAZIO
MR. METCALF
MR. NICOLINI
VICE CHAIRMAN KOSTENBADER
CHAIRMAN GILLIAMS
YES
YES
YES
YES
YES
MOTION CARRIED.
ATTORNEY'S MATTERS:
NONE
OLD BUSINESS:
CHAIRMAN GILLIAMS STATED THAT CASE# 93-8963, DENNIS DERNBACH
WAS NOW IN COMPLIANCE. THIS WAS JUST FOR INFORMATION
PURPOSES FOR THE BOARD MEMBERS.
CODE ENFORCEMENT BOARD - REGULAR MEETING - MARCH 16! 1994
PAGE 2
NEW BUSINESS:
RECOMMENDATION TO APPOINT NEW MEMBER:
MR. SALVATORE NEGLIA STATED HE LIVED IN SEBASTIAN FOR 5 YEARS
AND WOULD LIKE TO DO THINGS THAT WOULD HELP THE CITY. HE
WORKED FOR THE NEW YORK CITY SANITATION DEPARTMENT AND THE
FIRE DEPARTMENT.
A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. GENERAZIO
TO ACCEPT THE APPLICATION OF MR. NEGLIA FOR THE BOARD MEMBER
POSITION AND IT BE FORWARDED TO THE CITY COUNCIL.
CHAIRMAN GILLIAMS STATED LET THE RECORD SHOW THAT THE
INVESTIGATION WAS DONE BY THE LOCAL POLICE DEPARTMENT AND
THAT NO ACTIVE WARRANT OR PROBLEMS HAS BEEN FOUND ON THE
SUBJECT. ALSO, THAT MR. NEGLIA MEETS THE RESOLUTION R-91-38
TO SERVE ON THE CITY BOARD FROM KAY O'HALLORAN, CITY CLERK.
ROLL CALL:
MR. GENERAZIO YES
MR. METCALF YES
MR. NICOLINI YES
VICE CHAIRMAN KOSTENBADER YES
CHAIRMAN GILLIAMS YES
MOTION CARRIED.
BOARD ATTORNEY REQUESTS & REPORTS: NONE
BUILDING OFFICIAL MATTERS: NONE
GENERAL DISCUSSION:
MR. NICOLiNI ASKED IF THIS BOARD WAS REALLY NECESSARY. HE
THOUGHT THE BOARD WAS RUBBER STAMPING WHAT THE CODE
ENFORCEMENT OFFICER AND CITY ATTORNEY PRESENTED. HE WANTED
TO KNOW WHETHER THIS BOARD EXPENSE WAS NECESSARY.
CHAiRMA~ GILLIAMS STATED THERE WILL BE TIMES IN THE FUTURE
THAT THE ALLEGED VIOLATOR DEFENDS THEMSELVES AND THE BOARD
DOES NOT RUBBER STAMP ANYTHING THAT COMES IN.
MR. METCALF STATED THAT THE FLORIDA STATUTES REQUIRES THE
CITY TO PROVIDE A CODE ENFORCEMENT BOARD.
CODE ENFORCEMENT BOARD - REGULAR MEETING - MARCH 16~ 1994
PAGE 3
CHAIRMAN GILLIAMS STATED HE THINKS THE BOARD IS NEEDED IN THE
COMMUNITY SINCE THE COMMUNITY WILL CONTINUE GROWING.
STEVEN LULICH, BOARD ATTORNEY, STATED THE INTENT OF THE
LEGISLATURE WAS TO TAKE AWAY FROM THE POLICE POWER, NON-
CRIMINAL PENALTIES AND FINES AND TO PUT THAT INTO A BODY THAT
WAS COMPOSED BY CIVILIANS RATHER THAN THE POLICE POWER OF THE
STATE. THE CODE ENFORCEMENT OFFICER IS SIMILAR TO A POLICE
OFFICER AND THE CITY ATTORNEY IS SIMILAR TO A STATE
PROSECUTER IN THEIR ROLES BEFORE THE BOARD. THE CITY HAS THE
AUTHORITY TO CREATE THE BOARD, WHICH IT HAS DONE. THERE HAS
BEEN SOME MENTION BY STAFF THAT THERE ARE OTHER AVENUES
AVAILABLE. THE BOARD ATTORNEY HAS NOT RESEARCHED IT. MANY
TIMES THE BOARD HAS LISTENED TO THE ALLEGED VIOLATOR'S
PRESENTATION OF THE FACTS AND LISTENED TO THE CODE
ENFORCEMENT OFFICER'S TESTIMONY AND HAS DECIDED IN FAVOR OF
THE ALLEGED VIOLATOR. SO THIS BOARD IN THE PAST HAS NOT BEEN
A RUBBER STAMP BOARD.
PUBLIC INPUT: NONE
ADJOURN:
A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. METCALF TO
ADJOURN THE MEETING AT 2:25 P.M.
MOTION CARRIED.
Minutes approved at the
Gerry K~be-s,
Board S~cretary
, 1994 Meeting.
~a~ien~ams, Chairman