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HomeMy WebLinkAbout04151998 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING APRIL 15, 1998 After an announcement that today's meeting would be heard on Falcon Cable TV's Channel 35, Chairman Generazio called the meeting to order at 3:02 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chron. Generazio VCh. Neglia Mr. Connelly Mr. Cosco Mr. May Mr. Flescher EXCUSED ABSENCE: Mr. Oliver and Mr. Cavallo ALSO PRESENT: Robert Massarelli, Community Development Director Valerie Settles, City Attorney Ann Brack, Secretary George Bonaeci, Building Official APPROVAL OF MINUTES: (March 4, 1998 meeting) MOTION by Cosco/May i make the motion that we approve the minutes of the last meeting. A voice vote was taken. 6 - 0 motion carried. OLD BUSINESS: Mr.,Neglia inquired about the case with Mr. Carmody and noted that it should have been brought back to this meeting. Mr. Massarelli responded that all of Code Enforcement was turned over to Mr. Bonacci several weeks ago. Mr. Bonacci was not present, but efforts were made to contact him to come in to today's meeting. Chron. Generazio noted that the case on Pan American Engineering never came back to this Board for levying a fine that would cover processing costs by the City. There was discussion on this issue. CODE ENFORCEMENT BOARD MINUTES OF 4/15/98 MOTION by Generazio/Neglia I make a motion, at this time, that, in the case of Pan American, that this Board has spent enough time trying to impose a fine, and, being that we have not gotten the cooperation that is needed from the City of Sebastian, the Board will not proceed after it any further. Roll call was taken: Mr. Cosco - yes Chron. Generazio - yes Mr. Connelly - yes Mr. Flescher - yes Mr. May - yes Mr. Neglia - yes The vote was 6 - 0. Motion carried. Chron. Generazio noted that OLD BUSINESS would be continued after Mr. Bonacci amved. NEW BUSINESS: CASE #98-13561 - 727 FELLSMERE ROAD - SEBASTIAN EXXON MART, CHESSER'S GAP PUD - Bayrock Realty, Inc., - Section 20A-14.10 & 20A-10.6, Land Development Code Mr. Jim Stivers, 1120 Palmetto Avenue, Melbourne, FL, was present representing the respondent. He and Mr. Massarelli were sworn in at 3:10 pm. Bob Massarelli, Community Development Director, City of Sebastian, gave staff presentation on this case and gave a brief description of the activities leading up to these violations. He noted that the original site plan was changed to accommodate several specimen trees that were on the site, and these trees were identified on the site plan. He also noted the following: June 3, 1997 - Receipt of an application fron) Bayrock Investmem Company for a Preliminary Development Plan and Site Plan approval for an Exxon gas station located at the comer of Fleming and Fellsmere Road. He noted that during review of this Plan, the issue of saving specimen trees was discussed several times, and these trees were identified on the drawing. Aug. 21, 1997 - Planning and Zoning Commission reviewed the application and recommended approval to City Council, with conditions. Sept. 17, 1997 - City Council reviewed the site plan and approved the preliminary development plan for this site, with conditions, including preservation of some of the trees. Dec. 9, 1997 - Application was made for a land clearing permit on the site. It was noted to follow the legend on the site plan for what trees were to remain, and which ones should be relocated. The land cleating permit was signed by Mr. Bonacci. This application was received on the same day from Certified General Contractors, the builders of the Exxon Gas Station. CODE ENFORCEMENT BOARD MINUTES OF APRIL 15, 1998 As land clearing progressed, Mr. Massarelli noted that the trees to be preserved were preserved, up to a point. On or before Jan. 30, 1998, Mr. Massarelli observed that several of the trees had been knocked down or removed. He stopped at the site and tried to find someone in charge. He then returned to his office and filed a complaint, and contacted the engineer of record, Mr. Randy Mosby, to inform him that the site plan had been violated, the land clearing permit had been violated, and the tree removal ordinance had been violated. He then noted that code enforcement action was be requested, and a Notice of Violation letter was sent to Bayrock Realty, Inc. on Feb. 4, 1998, to inform them of the violations listed above, and the sections of the Land Development Code that were violated. He noted that the approved site plan for landscaping was modified without approval by the City, citing Section 20A- l 0.6 of the Land Development Code. Mr. Massarelli then noted that since that time, the contractor has been working with the City on this site, and developed an extensive landscape plan which far exceeds the requirements of the City. This plan was approved by City Council and has been implemented Staff recommended that they be found in violation with the removal of the specimen trees and protected tree without proper permits, and violation of the site plan without modification approval, and if they remove any additional trees in the future, they would be fined for the tree removal. Jim Stivers gave a brief presentation, and explained all the steps taken to correct a bad situation. Ms. Settles noted that they could not be fined until a second violation would take place. Chron. Generazio noted that a stop-work order should have been implemented immediately at this site. There was discussion between Mr. Massarelli and Board members about keeping to the issue and making comments about the landscape plan for this site. There was also discussion between these two parties about whether or not the City did their job in this instance. Mr. Massarelli recommended that Board members keep their personal opinions out of this issue. There were further negative comments made by some Board members, and were refuted by Mr. Bonacci and Mr. Massarelli. Chron. Generazio noted that this Board will discuss these comments again (at another meeting). Mr. Bonacci commented that the specimen trees and the protected tree were marked and he verified this. He personally did the slab and underground plumbing inspection and the trees were there, but the roots on one or more had been damaged by a trench that had been dug. He noted that some time later, he noticed several cut trees piled up on the site, and upon checking with Mr. Massaxelli, it was immediately actexl upon with a visit by staff to the site. He emphasized that the City did not drop the ball on this, as had been stated by Board members. CODE ENFORCEMENT BOARD MINUTES OF APRIL 15, 1998 Mr. Stivers noted that in twenty-five years time, he had never had a problem with trees, and he also commenWat that he had never experienced wrath such as Mr. Massarelli exhibited, and was very impressed with the job performance done by staff for the City. MOTION by Neglia/Connelly I make a motion that Bayrock Realty, respondent, is in violation of Article - Section 20A- 14.10 of the Land Development Code, to be no fine levied against them, and also in violation of the following Ordinances; including the recommendation from staff of the Findings of Fact and the Conclusions of Law; in addition the defendant has violated the following ordinances: REMOVAL OF SPECIMEN TREE, 22" IN DIAMETER, WITHOUT PROPER PERMIT (Section 20A-14.10) REMOVAL OF SPECIMEN TREE, 26" IN DIAMETER, WITHOUT PROPER PERMIT (Section 20A-14.10) REMOVAL OF SPECIMEN TREE, 28" IN DIAMETER, WITHOUT PROPER PERMIT (Section 20A-14.10) REMOVAL OF PROTECTED TREE, 14" IN ,DIAMETER, WITHOUT PROPER PERMIT (Section 20A-14.10) All of these are of the Land Development Code; and landscape element of approve site plan modified without approval, specimen trees removed, Section 20A-10.6 of the Land Development Code, also, wherefore, based upon the foregoing Findings of Fact and Conclusion of Law, there is hereby ordered as follows: that no fine be levied. ROLL CALL: Mr. Colmelly - Yes Chmn. Generazio - Yes Mr. May - No Mr. Flescher(a) - Yes VChm. Neglia - Yes Mr. Cosco - Yes The vote was 5 - 1. Motion carded. OLD BUSINESS: (continued) (Mr. Bonacci arrived at the meeting late) Chnm. Generazio inquired of Mr. Bonacci about the Carmody case. There was discussion between Mr. Neglia and Mr. Bonacci. Chmn. Generazio read from minutes of March 4, 1998, indicating that a report would be provided by the next meeting. CODE ENFORCEMENT BOARD MINUTES OF MEETING OF APRIL 15, 1998 Ms. Settles noted that this is a rather complicated case. Mr. May noted that if there is nothing further that this Board can do, he feels that this Board should be disbanded. It was established that a notice of violation was issued. Mr. Neglia continued with a question about the mulching being done on CR512. Mr. Bonacci responded with an explanation of the process that took place starting with a visit by City Manager Tom Frame. Chmn. Generazio noted that there may be a lack of communication between departmems, which puts this Board in a quandry. ATTORNEY'S MATTERS: Ms. Settles commented on the idea of obtaining an attorney for this Board to process cases more efficiently. There was a short discussion on this issue. CHAIRMAN MATTERS: Tut Connelly mentioned a subject that will be presented by City Manager Tom Frame, before City Council tomght. This presentation will suggest Code Enforcement Officers be assigned to the Police Department, amend the Code Enforcement Ordinance so it will be brought into compliance with Florida Statutes, and compares the process to Veto Beach and Indian River County. The choice of a Code Enforcement Board or Hearing Officer was included. There were many aspects of this issue discussed. Chron. Generazio urged the Board members to attend tonight's meeting as decisions pertaining to this Board will be made. PUBLIC INPUT: Mr. Herb Storm, 549 Saunders Street, spoke on some issues of Code Enforcement. He suggested that this Board reach a consensus and appoint a representative who could be take it before City Council tonight. Chron. Generazio adjourned the meeting at 4:20 pm. 5115198AB City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 a FAX (561) 589-5570 SEBAST,!,,AN CODE ENFORCEMENT BOARD MINUTES OF MEETING HELD APPROVED AT MEETING HELD DORRI M. ]gOSWORTFI, SECRETARY E. ANN BRACK, RECORDING SECRETARY