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09161998
City of Sebastian AGENDA SEBASTIAN CODE ENFORCEMENT BOARD WEDNESDAY, SEPTEMBER 16, 1998 3:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: August 19, 1998 OLD.,,,.BUSINESS: NEW BUSINESS.,,:., General discussion of future meetings. ATTORNEY'S MATTERS: CHAIRMAN 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 TI-IE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY 1N EVIDENCE ON WHICH THE APPEAL IS BASED. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. (AgendCe) CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING SEPTEMBER 16, 1998 Acting Chmn. Neglia called the meeting to order at 3:01 pm. The Pledge of Allegiance was said. ~OLL CALL: EXCUSED PRESENT: ABSENCE: Jayne Barczyk Actg. Chnm. Neglia Mr. Schofield Mr. Cosco and Mr. Cavallo Mr. Connelly both Ms. Merritt(a) ALSO PRESENT: Timothy Zelinski, Code Enforcement Officer Kathy Brauer, Code Enforcement Officer Tracy I-lass, Interim City Planner Ann Brack, Recording Secretary Rene VanDeVoorde, Board Attorney Kevin MacWilliam, Acting City Attorney ANNOUNCEMENTS: Chron. Neglia announced that Mr. Cosco and Mr. Cavallo are excused, and Ms. Men'itt will vote in Mr. Cavallo's place, and Ms. Griffin will be voting in place of Joe Generazio. Since the minutes of August 19th, 1998 were so long, Chron. Neglia suggest~l holding off approval until towards the end of the meeting, to give members a chance to read them. Board members agreed. OLD BUSINESS: Attorney MacWilliam noted that Ms. Knupp (Case #98-13631) has come into compliance. Chmn. Neglia inquired about the cases of Richard Ostrowski (Case #98-13763) and Moses Rodriguez (Case #98-13809), from the previous meeting. Kathy Brauer responded that these two cases have been taken care of and should be canceled. MOTION by Neglia/Connelly I'd like to make a motion that the case of Mrs. Debra Knupp, 101-B Admiral Circle, she had to come into compliance, and we still find her in violation, and with no fines, and if there is to be a violation that recurs, that she would be known as a second offender. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF SEPTEMBER 16, 1998 Roll call was taken: Mr. Connelly - yes Mr. Schofield - yes Ms. Merritt(a) - yes Aetg. Chnm. Neglia - yes Elizabeth Griffin(a) - yes Jayne Barczyk - yes The vote was 6 - 0. Motion carried. NEW BUSINESS: General discussion of future meetings. Attorney MacWilliam indicated that there was no new business to come before the Board today. He then noted that there is a scheduling matter for the a~ntion of the Board, in regards to Mr. Taylor. He reminded Board members that they should not get into the facts of the case, but to only discuss the scheduling of a future meeting. He then noted that Mr. Taylor has until Friday (September 18, 1998) to come into compliance, and asked the Board when they would like to hear this case if Mr. Taylor does not come into compliance on time. Chron. Neglia suggested having a special meeting, next week, to see if he has come into compliance. MOTION by Neglia/Barczyk I'd like to make a motion that we have a special meeting next Wednesday, if it's possible, to hear the case of Mr. Taylor, see if he came into compliance, which his deadline is this Friday, the 18th, midmght, conditional on the room being available. There was discussion about the availability of the Council Chambers, and if enough time is being given to proper noticing, etc. Chnm. Neglia and Ms. Barczyk withdrew their motion and second, above. Attorney MacWilliam noted that if compliance is not met by 12:01 am, Saturday morning, 9/19/98, the violation will be retroactive to that time. Ms. Men'itt inquired about the type of noticing that would be acceptable to Mr. Taylor, and there was discussion on this issue. Attorney MacWilliam responded that Mr. Taylor will be served in the normal method, by having a Code Enforcement officer go to his property and physically service him with a notice of hearing, which is all that is required by Code. MOTION by Neglia/Barezyk I'd like to make a motion that we set a heating for Mr. Taylor on his violations, if he has come into compliance or not, for September 30, 1998, at 3:00 pm., and Mr. Taylor will be notified by stuff, (with the condition that this room is available). CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF SEPTEMBER 16, 1998 Roll call was taken: Mr. Schofield - yes Jayne Barczyk - yes Mr. Connelly - yes Actg. Ch. Neglia - yes Ms. Merritt(a) - yes Elizabeth Griffin(a) - yes The vote was 6 - 0. Motion carried. CHAIRMAN MATTERS: Chron. Neglia asked to have election of a chairman for this Board, to get it over with. Ms. Bosworth, Board Secretary, suggested waiting till the present term expires in January and schedule elections then. Chmn. Neglia agreed. APPROVAL OF MINUTES: Chnm. Neglia referred to page sixteen (16) of the minutes of 8/9/98. Attorney VanDeVoorde suggestext rewording the second paragraph on page 16. Chnm. Neglia referred to page nineteen (19), second line of amended motion, change the word "prove" to the word "provide". ( The Recording Secretary made the appropriate changes to these minutes.) MOTION by Connelly/Neglia I move we accept the minutes of August 19, 1998 meeting, as read, with amendments. Roll call: Actg. Ch. Neglia - yes Mr. Connelly - yes Elizabeth Griffin(a) - yes Jayne Barczyk - yes Mr. Sehofield - yes Ms. Merdtt(a) - yes GENERAL DISCUSSION: Attorney MacWilliam suggested having a workshop and devising a pamphlet outlining motions, etc., that the Board can use. Also any suggestions or ideas Board members might have to contribute. He gave information on forms used by the County. Ms. Barczyk commenteA that she is in favor of this workshop, and suggested including some reference to the Sunshine laws. She also commented that any knowledge this Board can get would benefit the entire City. She noted some issues that she is interested in. Ms. Merritt was also in favor of a workshop and of some type of form as an outline for Board members to following in the proceedings. She also suggested brushing up on Robert's Rules. Attorney VanDeVoorde was in favor of Board forms. CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF SEPTEMBER 16, 1998 Chron. Neglia asked about Land Development Code books for each Board member, and Mr. Hass responded that with the current changes taking place in the LDC, these books are not being given out at the present. There was more discussion on this issue. It was determ/ned to give Mr. Hass and his staff enough time to work up some draft forms to present at the workshop. Attorney MacWilliam suggested tentatively scheduling a workshop for the next regular meeting and maybe coming in early that day. It was noted that the next regular meeting is October 21, 1998. Mr. Connelly requested that the Attorneys present, in un-legal terms, suggestions on how we can help the Code Enforcement Officers and staff, who are working so © ! hard, to get people into compliance with the Code. He noted that not a nickel has been collected in over five (5) years, which is fine if everyone comes into compliance, but in the almost two (2) years he has been with the Board, he hasn't seen any difference. Attorney MacWilliam commented that this is one of the issues that he has spoken to Mr. Frame about, and it has an influence on the creation of a citation program within the City. Chron. Neglia adjourned the meeting at 3:33 pm. (9/18/98AB) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5537 [2 FAX (561) 589-2566 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETE~IG MINUTES OF MEETINg APPROVED AT MEETING HELD ~,~~~-~ ~q-~', lq~' "S~i, LVATORE N~~ItAIRMAN E. ANN BRACK