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HomeMy WebLinkAbout11231998 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF SPECIAL MEETING NOVEMBER 23, 1998 Acting Chmn. Neglia called the meeting to order at 3:00 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Jayne Barczyk Actg. CH. Neglia Mr. Cosco Mr. $chofield EXCUSED ABSENCE: ALSO PRESENT: ANNOUNCEMENTS: Mr. Connelly Elizabeth Griffin (a) Ms. Men'iff Mr. Cavallo Tracy Hass, Growth Management Director Thomas Frame, City Manager Richard Stringer, City Attorney Timothy Zelinsky, Code Enforcement Officer Ann Brack, Recording Secretary Chmn. Neglia announced that Ms. Griffin (a) will be voting in place of Mr. Cavallo. APPROVAL OF MINUTES: (10/21/98) MOTION by Connelly/Barczyk I move we come back to them. Voice vote - 7 - 0. Motion carried. OLD BUS[NESS: DISCUSSION: Request for Release of Lien - 1053 Louisiana Avenue - Case #93-7709 - Mark Lund Mr. Mark Lund and Mr. Frame were sworn in by Atty. Stringer. Atty. Stdnger explained the history of this case. He noted that the Board never actually imposed a fine, and one was never recorded. The Order, Finding of Violation, says, "you may be fined up to $100.00'. He then gave information on how this type of case has been handled in years past, and opinions by the Attorney General. He also noted CODE ENFORCEMENT BOARD SPECIAL MEETING OF NOVEMBER 23, 1998 that an actual lien has never been recorded. He then recommended that this Board decide an amount of the fine to be assessed to be in non-compliance from approximately July 2, 1993, until inspection showed that the property is in compliance at last months meeting (October 21, 1998). Ms. Barczyk noted that the figure previously quoted was $197,708.33. This amount was discussed. Mr. Mark Lund, 500 Kathy Drive, Merritt Island, FL., was present and indicated that he has a title commitment on this property. He commented that he followed Attorney Rene VanDeVoorde's recommendation given at the last meeting. He also noted that he hired Professional Title to do a thirty (30) year title search to be in conformance with this Board's requirements. He also submitted a title commitment to be copied for our records. There was much more discussion on this issue. In a discussion between Atty. Stringer and Chron. Neglia, it was determined that the fine in this case would come under the names of Mr. Pfenninger and Mr. Taylor, the present owners. Chmn. Neglia noted that the previous amount of fine had been set at $7,500. Atty. Stdnger noted that this would be approximately $3.87 per day to October 21, 1998. He also reminded the Board that the total amount of this lien would include two (2) liens that are recorded. MOTION by Neglia/Connelly I would like to make a motion to add to the agenda Case #CEB-85-12 in the matter of Everett Taylor, 1053 Louisiana Avenue, Sebastian, FL, to reconsider the finding of the lien. Actg. Chmn. Neglia - yes Mr. Connelly - yes Mr. Cosco - yes Elizabeth Griffin(a) - yes Jayne Barczyk - yes Ms. Merritt - yes Mr. Schofield - yes The vote was 7 - 0. Motion carded. MOTION by Cosco/Griffin I'd like to make a motion in regards to Case #CEB-85-12 that that particular fine be completely forgiven. Roll call: Actg. Chmn. Neglia - yes Mr. Connelly - yes Mr. Cosco - yes Jayne Barczyk - yes Elizabeth Griffin(a) - yes Ms. Merdtt - yes Mr. Schofield - yes CODE ENFORCEMENT BOARD MINUTES OF SPECIAL MEETING OF NOVEMBER 23, 1998 The vote was 7 - 0. Motion carried. MOTION by NegliaJBarczyk I'd like to make a motion, Case ~93-7709, to levy the fine from july 2, 1993 till October 21, a total of 1,936 days, at $3.87 per day, for a total of $7, 492.32. Roll call: Mr. Cosco -yes Actg. Chmn. Neglia -yes Mr. Connelly - yes Elizabeth Griffin(a) - yes Mr. Schofield - yes Jayne Barczyk - yes Ms. Merritt - yes The vote was 7 - 0. Motion carried. Mr. Lund noted his displeasure in the fact that this Board did not meet on November 18th, 1998, as originally indicated. Ms. Merdt and Atty. Stdnger both noted that the quitclaim deed with proper signatures and witnesses has not been provided. APPROVAL OF MINUTES: (October 21, 1998) MOTION by Barczyk/Neglia I'd like to make a motion that we approve the minutes of October 21st, 1998. A voice vote was taken. 7 - 0 motion carded. (A note was made to correct the spelling of the word "EXCUSED" on page one.) There was a question about a workshop after today's meeting, and Mr. Hass responded that there was no plan for a workshop today. Ms. Barczyk asked for discussion of the Sunshine Law and procedures during the workshop. Mr. Connelly would like to get the Code Enforcement issues and process under control as soon as possible. Chmn. Neglia would like to discuss how to make motions; what the Board members are allowed to do as far as visiting code enforcement sites; methods and procedures of retrieving some of the fines and expenses. Atty. Stringer noted that a recent change will allow the collection of administrative costs. Ms. Barczyk asked for follow-up on cases. Atty. Stringer noted that a homestead property can not be foreclosed on. Ms. Merdtt asked for a form to be developed that would give the standing of each individual case. CODE ENFORCEMENT BOARD MINUTES OF SPECIAL MEETING OF NOVEMBER 23, 1998 Atty. Stringer suggested that staff be advised to give a status report on each case within 90 (ninety) days, or whatever amount of time this Board would select. He also mentioned the citation system. Chmn. Neglia inquired about the Land Development Code Book and when would the newer members receive a copy. It was noted that included in the back-up information for each case, staff provides the portion of the code that covers the particular issue. Mr. Frame agreed to check with the City Clerk's office to see if there are any Code Books available with updates. Ms. Merfitt asked for a workshop date to be set at this time. It was suggested that it be scheduled for December 7th or 14th, at 2 pm., depending on the availability of this room. Chmn. Neglia asked that the City advertise for another alternate. Atty. Stdnger reported on the Robert Taylor matter, that a receipt of notice of appeal has been forwarded to the Clerk of the Court, but we have not received an acknowledgement, nor an order for Mr. Taylor to pay a filing fee. He noted that he will check on this. Chmn. Neglia adjourned the meeting at 4:30 pm. (II239gAB) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5537 [] FAX (561) ,589-2566 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF ~ MEETING MINUTES OF MEETING HELD APPROVED AT MEETING HELD SALVATORE NEGLiA, VICE CHAIRMAN E. ANN BRACK