HomeMy WebLinkAbout07211993 City of Sebastian
1225 Main Streetr] SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
'~2~)58
SEBASTIAN CODE ENFORCEMENT BOARD
REGULAR MEETING
JULY 21t 1993 - 2:00 P.M.
AGENDA
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - REGULAR MEETING OF JUNE 16, 1993
ATTORNEY'S MATTERS:
OLD BUSINESS:
CASE# 93-8038, HERBERT PATTON
CASE# 93-7709, E.W. TAYLOR & JOHN PFENNINGER JR.
NEW BUSINESS:
REAPPOINTMENT OF BOARD MEMBER
CASE #93-8011, KENNETH CONNER
REVIEW OF ORDINANCE O-93-16 (CODE ENFORCEMENT BOARD) FOR ANY
COMMENTS
BOARD ATTORNEY REQUEST AND REPORTS:
BUILDING OFFICIAL'S MATTERS:
GENERAL DISCUSSION:
PUBLIC 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.
City of Sebastian
1225 Main Street [,3 SEBASTIAN, FLORIDA
TELEPHONE (407) 589-5330 ~'] FAX (407) 589-5570
PUBLIC MEETING
CITY OF SEBASTIAN
1225 MAIN STREET
INDIAN RIVER COUNTY
FLORIDA
THE SEBASTIAN CODE ENFORCEMENT BOARD OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR
REGULAR MEETING ON WEDNESDAY, JULY 21, 1993 AT 2:00 P.M. IN
THE CITY COUNCIL CHAMBERS.
G. KUBES, SECRETARY
SEBASTIAN CODE ENFORCEMENT BOARD
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.
PUBLCMTG.DOC
CODE ENFORCEMENT BOARD
REGULAR MEETING
JULY 21~ 1993 - 2:00 P.M.
MEETING WAS CALLED TO ORDER BY CHAIRMAN GILLiAMS AT 2:00 P.M.
ROLL CALL:
PRESENT:
MR. NICOLiNI
CHAIRMAN GILLIAMS
VICE CHAIRMAN KOSTENBADER
MR. DEROBERTIS
MR. METCALF
MR. TOZZOLO
MR. FISCHER
ATTORNEY LULICH
EXCUSED: BRUCE COOPER, BUILDING OFFICIAL
PRESENT:
ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER
RICHARD TORPY, ASSISTANT CITY ATTORNEY
CHAIRMAN GILLIAMS STATED BEFORE THE MEETING STARTS, HE WANTED
TO THANK VICE CHAIRMAN KOSTENBADER FOR COVERING THE LAST
MEETING AND THANK THE BOARD MEMBERS FOR HAVING CONFIDENCE IN
HIM TO NOMINATE HIM FOR CHAIRMAN.
APPROVAL OF MINUTES:
A MOTION WAS MADE BY MR. NICOLINI, SECONDED BY MR. METCALF
TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON JUNE
16, 1993 WITH THE CORRECTION ON PAGE 1. IT SHOULD READ AS
FOLLOWS: THE MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN
KOSTENBADER.
ROLL CALL:
MR. NICOLINI
VICE CHAIRMAN KOSTENBADER
MR. DEROBERTIS
MR. METCALF
MR. TOZZOLO
MR. FISCHER
YES
YES
YES
YES
YES
YES
THE MOTION WAS CARRIED.
ATTORNEY'S MATTERS: NONE
CODE ENFORCEMENT BOARD - REGULAR MEETING - JULY 21! 1993
PAGE 2
OLD BUSINESS:
ATTORNEY LULICH SWORE IN EVERYONE THAT WOULD BE TESTIFYING.
THE ASSISTANT CITY ATTORNEY, RICHARD TORPY, STATED THAT CASE
93-8038, HERBERT PATTON AND CASE 93-7709, E.W. TAYLOR & JOHN
PFENNINGER JR. HAVE ALREADY BEEN HEARD BY THE BOARD. ORDERS
HAVE BEEN ISSUED AND THEY HAVE NOT COME INTO COMPLIANCE.
ROBERT NICHOLSON, CODE ENFORCEMENT OFFICER, PRESENTED THE
AFFIDAVIT OF NON-COMPLIANCE DATED JUNE 24, 1993 FOR CASE# 93-
8038, HERBERT PATTON AND CASE# 93-7709, E.W. TAYLOR & JOHN
PFENNINGER JR. DATED JULY 14, 1993. THE CITY IS REQUESTING A
MOTION FROM THE BOARD TO AUTHORIZE THE FINES TO BE IMPOSED
PURSUANT TO THE ORDERS THAT HAVE ALREADY BEEN ISSUED. THE
FINES WILL RUN UNTIL THE CITY BRINGS THE CASES BACK TO THE
BOARD FOR AUTHORIZATION TO PLACE A LIEN.
A MOTION WAS MADE BY MR. DEROBERTIS, SECONDED BY MR. METCALF
TO ACCEPT THE AFFIDAVIT OF NON-COMPLIANCE AND IMPOSE A FINE
IN CASE# 93-8038 AND CASE# 93-7709.
ROLL CALL:
MR. METCALF
MR. TOZZOLO
MR. NICOLINI
CHAIRMAN GILLIAMS
VICE CHAIRMAN KOSTENBADER
MR. FISCHER
MR. DEROBERTIS
YES
YES
YES
YES
YES
YES
YES
MOTION CARRIED.
MR. NICOLINI STATED HE WOULD LIKE TO HAVE ON RECORD IN THE
MINUTES A VOTE OF THANKS FOR A JOB WELL DONE BY EX-CHAIRMAN
DEROBERTIS AND EX-VICE CHAIRMAN FISCHER.
NEW BUSINESS:
REAPPOINTMENT OF BOARD MEMBER: A MOTION WAS MADE BY VICE
CHAIRMAN KOSTENBADER, SECONDED BY MR. NICOLINI TO RECOMMEND
TO CITY COUNCIL THAT MR. METCALF BE REAPPOINTED TO THE BOARD.
CODE ENFORCEMENT BOARD - REGULAR MEETING - JULY 21~ 1993
PAGE 3
ROLL CALL:
MR. TOZZOLO
MR. NICOLINI
CHAIRMAN GILLIAMS
VICE CHAIRMAN KOSTENBADER
MR. FISCHER
MR. DEROBERTIS
MOTION CARRIED.
YES
YES
YES
YES
YES
YES
CASE# 93-8011
KENNETH CONNER
MR. CONNER DID NOT WANT THE CODE READ TO HIM. ASSISTANT CITY
ATTORNEY TORPY STATED THERE WILL BE NO NEED FOR THE CITY TO
PRESENT FORMAL EVIDENCE SINCE MR. CONNER HAS ADMITTED TO THE
VIOLATION. THE CITY HAD A PROPOSED ORDER THAT WAS SUBMITTED
TO THE BOARD.
MR. CONNER ADMITTED TO THE VIOLATION THAT AT HIS HOME LOCATED
ON LOT 3, BLOCK 146, SEBASTIAN HIGHLANDS UNiT #3, ADDRESS OF
872 BERMUDA AVENUE, SEBASTIAN, FL THAT THERE ARE THREE
INOPERABLE VEHICLES, ALSO AUTO PARTS, JUNK LAWN MOWERS, AND
OTHER JUNK ITEMS. MR. CONNER NOW STATES THAT THE JUNK LAWN
MOWER IS GONE, THE TRAILER AND ALL THE AUTO PARTS ARE GONE
OUT OF THE YARD, AND THE ANTIQUE CAR WILL BE REMOVED TODAY.
MR. CONNER KNEW HE WAS IN VIOLATION OF SECTION 66-1(6) AND
SECTION 86-47 OF THE ORDINANCES OF THE CITY OF SEBASTIAN.
THE PROPOSED ORDER, WHICH PROVIDES FOR 15 DAYS TO COME INTO
COMPLIANCE AND IF NOT, $100.00 PER DAY FINE FOR EVERY DAY
THEREAFTER, WAS GIVEN'TO THE BOARD MEMBERS AT THE MEETING.
MR. CONNER ASKED FOR AN ADDITIONAL 10 DAYS (TOTAL OF 25 DAYS)
TO COME INTO COMPLIANCE.
A MOTION WAS MADE BY VICE CHAIRMAN KOSTENBADER, SECONDED BY
MR. METCALF THAT THE ORDER BE ACCEPTED EXCEPT TO CHANGE THE
ONE SENTENCE TO RESPONDENT SHALL HAVE 25 CALENDAR DAYS FROM
THE DATE OF THIS HEARING TO BRING THE PROPERTY INTO
COMPLIANCE.
CODE ENFORCEMENT BOARD - REGULAR MEETING - JULY 21~ 1993
PAGE 4
ROLL CALL:
MR. METCALF
MR. TOZZOLO
MR. NICOLINI
CHAIRMAN GILLIAMS
VICE CHAIRMAN KOSTENBADER
MR. FISCHER
MR. DEROBERTIS
MOTION CARRIED.
YES
YES
YES
YES
YES
YES
YES
REVIEW ORDINANCE O-93-16 (CODE ENFORCEMENT BOARD) FOR ANY
COMMENTS:
ATTORNEY LULICH HAD REVIEWED THIS ORDINANCE AND SENT A LETTER
TO MR. COOPER AND STATED THAT HE HAD NO OBJECTIONABLE PARTS
FOR LEGAL SUFFICIENCY WITH REGARD TO HIS OPINION. HE ALSO
STATED IF CiTY COUNCIL APPROVED THIS ORDINANCE, THAT THE
BOARD MIGHT WANT TO RECOMMEND TWO ALTERNATES TO THE BOARD.
ASSISTANT CITY ATTORNEY TORPY STATED TO THE BOARD (PAGE 4)
THAT IF ANY BOARD MEMBER MOVES OUT OF THE CITY LIMITS, SUCH
MEMBER SHALL iMMEDIATELY NOTIFY THE CITY CLERK OF SUCH
OCCURRENCE AND THEIR MEMBERSHIP SHALL TERMINATE IMMEDIATELY.
UNDER SEC. 2-179. MEMBERSHIP; COMPOSITION. VICE CHAIRMAN
KOSTENBADER STATED THERE IS NO PROBLEM WITH THIS SECTION AS
LONG AS IT SAYS THE BOARD SHALL CONSIST, WHENEVER POSSIBLE,
OF THE FOLLOWING. SOMETIMES YOU DON'T GET THOSE SPECIFIC
TYPE OF PEOPLE TO MAKE APPLICATION FOR THE BOARD.
VICE CHAIRMAN KOSTENBADER ASKED IF YOUR TERM WAS UP, COULD.
YOU REAPPLY ON THE SAME BOARD FOR ANOTHER POSITION. EACH
REGULAR BOARD MEMBER SHOULD NOT BE ON THE BOARD FOR MORE
THAT TWO TERMS. THE ASSISTANT CITY ATTORNEY STATED IT WOULD
HAVE TO BE UP TO CITY COUNCIL WHETHER THEY WANT ANY BOARD
MEMBER TO FILL ANOTHER SEAT. THE IDEA OF A TWO TERM LIMIT IS
TO PROVIDE ROTATION OF DIFFERENT PEOPLE.
ATTORNEY LULICH MADE A COMMENT CONCERNING PAGE 8 (F). HE
DEFINED WHAT PREPONDERANCE OF THE EVIDENCE MEANS. YOU CAN
SAY THE HIGHEST STANDARD OF EVIDENCE WOULD BE CLEAR AND
CONVINCING. SOMETHING THAT IS A LITTLE LESS THAN THAT
POSITIVE IN SO FAR AS THE VIOLATION HAS BEEN COMMITTED IS
BEYOND A REASONABLE DOUBT. A STEP BELOW THAT WOULD BE A
PREPONDERANCE OF THE EVIDENCE.
CODE ENFORCEMENT BOARD - REGULAR MEETING - JULY 21f 1993
PAGE 5
ON PAGE 9 (O), ATTORNEY LULICH STATED IF A BOARD MEMBER HAS A
PERSONAL KNOWLEDGE WHICH THEY BELIEVE COULD AFFECT THEIR
OPINION, THEY SHOULD NOT VOTE. ASSISTANT CITY ATTORNEY TORPY
STATED WHEN THERE MAY BE CONFLICTS SUCH AS A FINANCIAL
INTEREST OR THE VIOLATOR MAY BE A CLIENT, YOU MAY VOTE IF YOU
ARE IMPARTIAL.
ON PAGE 10 (B)(3), MR TOZZOLO QUESTIONED ABOUT REDUCING
FINES. ATTORNEY LULICH STATED THE BOARD HAS NOT DONE THIS
YET.
ON PAGE 10(C), MR. NICOLINI HAD A QUESTION ABOUT PLACING A
LIEN ON HOMESTEAD PROPERTY. ATTORNEY LULICH STATED THE OWNER
CAN NOT BE PUT OUT OF THEIR HOME AND SELL THEIR HOME. IF THE
OWNER EVER SELLS HIS PROPERTY, THE LIEN WOULD BE PAID.
ON PAGE 11, SEC. 2-193, MR. NICOLINI HAD A QUESTION ABOUT
RECOVERING ALL COSTS IF YOU FORECLOSE ON A LIEN WHICH WOULD
INCLUDE FILING A SUIT AND ATTORNEY FEES. ATTORNEY LULICH
STATED WE ARE NOT TALKING ABOUT THE BOARD ATTORNEY'S TIME OR
THE BOARD MEMBERS OR STAFF'S TIME REGARDING ANY CASE. THIS
DEALS WITH PROCEDURE AFTER THE FACT OF THE RECORDING OF THE
LIEN.
A MOTION WAS MADE BY MR. DEROBERTIS, SECONDED BY MR. FISCHER
TO RECOMMEND TO CITY COUNCIL TO ACCEPT ORDINANCE O-93-16 AS
STATED.
ROLL CALL:
MR. METCALF
MR. TOZZOLO
MR. NICOLINI
CHAIRMAN GiLLIAMS
VICE CHAIRMAN KOSTENBADER
MR. FISCHER
MR. DEROBERTIS
YES
YES
YES
YES
YES
YES
YES
MOTION CARRIED.
BOARD ATTORNEY REQUESTS AND REPORTS: NONE
BUILDING OFFICIAL'S MATTERS: NONE
CODE ENFORCEMENT BOARD - REGULAR MEETING - JULY 21~ 1993
PAGE 6
GENERAL DISCUSSION:
MR. NICOLINI ASKED IF A NEW BOARD ATTORNEY HAS BEEN
RECOMMENDED. ATTORNEY LULICH EXPLAINED THAT WHEN HE WAS
APPOINTED, IT WAS BY RECOMMENDATION OF THE BOARD TO CITY
COUNCIL. THIS IS NOT NEW. IF THE BOARD DOES NOT WANT HIM
ANYMORE OR IF HE DIED, THEN THE BOARD COULD RECOMMEND TO CITY
COUNCIL TO APPOINT A NEW BOARD ATTORNEY.
CHAIRMAN GILLIAMS PERSONALLY THANKED MR. DEROBERTIS AND MR.
FISCHER FOR THE LEADERSHIP THEY HAVE PROVIDED TO THIS BOARD.
PUBLIC INPUT:
AT THE NEXT MEETING ATTORNEY LULiCH REQUESTED A DISCUSSION ON
WHETHER TO HAVE PUBLIC INPUT AND IF SO, HOW MUCH TIME SHOULD
BE ALLOWED. THIS SHOULD BE ON THE AGENDA UNDER GENERAL
DISCUSSION.
MR. METCALF STATED THERE SHOULD BE PUBLIC INPUT. THE BOARD'S
PRIMARY FUNCTION IS TO GET COMPLIANCE. WE SHOULD GIVE THE
PUBLIC CONFIDENCE IN THE BOARD AND ALSO GIVE THEM A LITTLE
RESPECT.
ADJOURN:
A MOTION WAS MADE BY MR NICOLINI, SECONDED BY MR. FISCHER TO
ADJOURN THE MEETING AT 3:10 P.M.
CARRIED.
Minutes approved at the
Gerry ~ubes,
Board 'Secretary
1993 Meeting.
~i ~hairman~