Loading...
HomeMy WebLinkAbout08162000 CEB CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING AUGUST 16, 2000 Vice Chairwoman Barczyk called the meeting to order at 3:00 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED ABSENCE: ALSO PRESENT: VC Barczyk Sal Neglia Alien Schofield Tut Connelly Adrina Davis(a) Chron. Cosco, Mr. Morozowski(a), & Mr. Cavallo Ann Brack, Recording Secretary Tim Zelinski, Code Enforcement Officer Dennis Hovasse, Alarm Administrator Richard Stringer, City Attorney ANNOUNCEMENTS: A break was taken from 3:02 to 3:10 pm for the minutes of the last meeting to be obtained. APPROVAL OF MINUTES~ (7/19/00) MOTION by Davis(a)lNeglia I would like to make a motion that we approve the minutes of July 19th, year 2000. Discussion: There was a brief discussion on these minutes. A voice vote was taken. 5 - 0, motion carried. OLD BUSINESS: Mr. Neglia inquired about the previously discussed issue of changing the amount of time allowed to post house numbers. There was discussion on this issue and Atty. Stringer noted that this issue is in the Land Development Code and must go to City Council for any changes. Mr. Neglia also mentioned the issue of Board members conversations with City staff. Mr. Schofield inquired about the issue of a Board secretary. Mr. Neglia wanted to know who the Board members would go to with a problem and Tim Zelinski suggested they go CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF AUGUST 16, 2000 to Lt. Chanse Reardin. Mr. Neglia commented that when he has called there, Lt. Reardin is never available. Mr. Neglia indicated that Tim's job description did not cover being a secretary. There was discussion on this issue and VC Barczyk suggested that the Chairman set up an appointment with Lt. Reardin and find out when the best time would be for members to call him with their questions and to answer Mr. Neglia's questions. When informed that Lt. Reardin would return tomorrow, VC Barczyk suggested that she call him for the above mentioned information. Mr. Neglia asked if the citation forms have been obtained yet, and Mr. Zelinski responded that they had not. There was discussion about whether meetings would be held even if there were no cases to be heard. Atty. Stringer commented that there is no provision for it, that this Board has hearings not meetings, and this Board is like a super-judicial body. He also commented that Code Enforcement Boards were established to replace County Court jurisdiction of City Code violations, and members should arrive at Board meetings clear headed with no preconceived attitudes on cases to be heard. He went on with further explanations, and noted that upon doing some research, any attempt to expand a Code Enforcement Board's duties have been stricken down. He also noted that this Board has no administrative or legislative duties, and would only have concerns about procedural matters on hearings. Mr. Neglia commented that when he questions a code or ordinance, he can't get an answer because no one knows if there is a code or ordinance. Atty. Stringer cautioned the Board members about acting as an arm of Code Enforcement. VC Barczyk suggested that this Board might need a workshop to define the duties. NEW BUSINESS: FALSE ALARM APPEALS: 1. WALTER SUTER - 909 ROSEARBOR DRIVE, SEBASTIAN Mr. Hovasse noted that Mr. Walter Suter called this morning and asked to postpone his hearing until next month. MOTION by Neglia/Connelly I'll make a motion we put a continuance on for Mr. Suter's request till next month, that would be September 20th. A voice vote was taken. 5 - 0, motion carried. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF AUGUST 16, 2000 2. DAMIEN GILLIAMS- 1623 US 1, SEBASTIAN Mr. Gilliams gave his presentation and indicated that he has a problem with his employees using the alarm system properly. He was under the impression that the City was going to work with businesses in the early days of the Alarm Ordinance and give a few breaks. He indicated that his employees must pay these fines as a matter of Company policy, and he opined that these fees are outrageous. He also indicated that he has a problem with the alarm company that he uses because they don't always follow his instructions about contacting the Police Department. He voiced complaints about the attitude of the Police officers that responded. Officer Hovasse provided an accounting of the five (5) alarm calls to Mr. Gilliams' address, one of which was a legitimate burglar alarm. The other four (4) were "employee error'. The first two (2) carried no fine, but the last two carried fines of $50.00 and $100.00 respectively. Mr. Gilliams was given the option of coming back again and having the responding officers present, or settling the matter today, and he chose settling it today. There was discussion about the class on alarm awareness and a waiver of fines. Mr. Gilliams asked again for leniency and noted that if leniency is granted, he will never be before this Board again, even though it is his employees who will pay the fines. MOTION by ConnellylSchofield In the matter of this Case 220-2000 we the Code Enforcement Board have been presented a case against Mr. Damien Gilliam sin matters of false alarms, Case #2000-10874, Case #2000-11596, Case 2000-'14817, and Case 2000-15681, and that the above violation of our Code of Ordinances, and the Paradise Marine Enterprises, Inc., shall be fined accordingly. Discussion: The issue of the ability of this Board to reduce the fine amount was discussed. Roll call: Mr. Schofield -yes VC Barczyk , yes Mr. Connelly . yes Mr. Neglia - yes Mr. Davis(a) - no The vote was 4 - 1. Motion carried. Mr. Gilliams commented that he was not happy, he felt he did not get a fair hearing, never got a copy of the Ordinance sent to him with the tickets, that his due process was not done properly, and att this Board has now is one unhappy businessman in the community, and he is going to go back and pass these fines on to his employees and probably fire them because they are probably not going to want to pay the fines, and nothing was accomplished here today. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF AUGUST 16, 2000 ATTORNEY MATTERS: Atty. Stringer commented that it would probably be a good idea to have a workshop in about three or four weeks and he will try to outline what has been discussed about Code Enforcement Boards based on his research. He noted that there have been other Cities that have tried to give these Boards more areas to cover, and generally it has been put down. He will do up a memo and then he will get together with this Board and discuss it. VC Barczyk felt this was a good idea to have the full Board meet for this purpose. MEMBERS MATTERS: Mr. Connelly commented on a previous meeting where the fines rates were set, noting that he was outvoted on many of them, and that it is this Board's duty to enforce these fines. Atty. Stringer commented that the error on the Class Ill fine from $100 to $200 will be addressed very soon to amend the Resolution. VC Barczyk adjourned the meeting at 4:20 pm. (8/21/00 AB) 4