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HomeMy WebLinkAbout12211994 · ,City of Sebastian 1225 MAIN STREET' g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SEBASTIAN, CODE E ,NFORCEMENT BOARD ~GULAR~,,MEETING DECEMBER 21, 1994 AGENDA CALL TO ORDER..~.. ROLL CALL: " APPROVAL OF MINUTES: - REGULAR MEETING OF SEPTEMBER 21, 1994 ATTORNEY"$ MATTERS: OLD BUSINESS::::: CASE# 94-9549, ROLF MORRIS NEW BUSINESS~. BOARD~ATTO~NEYRE.OUEST 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. AGENDACE.WP CODE ENFORCEMENT OARD REGULAR MEETING DECEMBER 21, ..1..994 The meeting was called to order by Chairman Gilliams at 2:12 P.M. RO~?. CJLT~: PRESENT: Chairman Gilliams Vice Chairman Kostenbader Mr. Nicolini Mr. Metcalf Mr. Generazio Mr. Neglia Sean Biggins, Asst. Board Attorney ALSO PRESENT: Bruce Cooper, Director of Community Development/Building official (arriving late) APPRQVAL OF MINU~ES: A discussion on the minutes of the September 21st, 1994 meeting was opened. Mr. Nicolini notes 2 typographical errors in the presented copy. A motion was made by Mr. Nicolini, seconded by Mr. Neglia, to change the date of a second inspection done by Lea Smith, as noted on page 2, first paragraph. Also, the time of a picture taken should be changed from 12:00 A.M. to 12:00 P.M. Roll call was taken, 6-0 motion passed. Mr. Generazio made a motion to approve the minutes of the regular meeting of September 21, 1994, with the noted changes. Mr. Metcalf seconded the motion. Roll call was taken. The minutes were approved 6-0. ATTORNEY'S ~TTERS: None OLD BUSINESS: Case# 94-9549 At this time in the meeting, there is no staff member present. CODE ENFORCEMENT BOARD REGULAR MEETING OF DECEMBER 21, 1994 PAGE TWO Vice Chairman Kostenbader reviews the case regarding a sunken boat in the Indian River belonging to Mr. Rolf Morris. The case was brought before the Board at the September 21, 1994 meeting. An affidavit of non-compliance was signed by the Code Enforcement Officer on October 12, 1994. Mr. Morris came in compliance 16 days later on October 28, 1994. Mr. Morris is not present at the meeting for questioning. Mr. Neglia states Mr. Morris had 94 days from June 16th to remove the boat, more than enough time. He doesn't think the weather was a factor for the delay. He feels Mr. Morris should have been present at this meeting. Mr. Generazio states he would like to know if the underwater mooring/engine block was removed also when the debris from the boat was removed? Because there were no staff members present to answer questions or make a recommendation, Mr. Metcalf makes a motion to table this case to the next regular meeting. Mr. Neglia seconded the motion. Roll call was taken, 6-0 motion carried. NEW ~USINESS: None BOARD ATTORNEY REQUEST AND REPORTS: None ~ILDING OFFICIAL'S MATTERS: None GENERAL DISCUSSION: Mr. Ni¢olini brings up the matter of having the Board Attorney (or assistant) at every meeting. He suggests, as was previously discussed at an earlier meeting, that only if a case was coming before the Board should the Board attorney be required to attend. Chmn. Gilliams agrees, but would like to have Mr. Lulich contacted to discuss what amount of time notification he would need to attend or not attend a meeting. The Board agrees. Mr. Nicolini suggests other~ways the Board could save money. After a discussion the Board decides 1) to pick up their meeting information packets at the Building Dept. each month instead of having the Code Enforcement Officer deliver them, 2) eliminate duplicate copies from previous packets if an item is being carried to the next meeting, and 3) eliminate certain reports not needed by the Board. CODE ENFORCEMENT BOARD REGULAR MEETING OF DECEMBER 21, 1994 PAGE THREE Mr. Cooper arrives at 2:30 P.M. Chmn. Gilliams gives Mr. Cooper an up-date on the meeting and what has been discussed. Mr. Cooper requests the Morris case be taken off the table and action taken on it at this meeting. The Board can either impose the fees, or as staff is recommending, not to and have them dropped. Even though Mr. Morris was asked if October 12th was enough time to have the boat removed, and he stated yes, there were circumstances beyond his control which caused delays and he didn't finish quite on time. But he did work diligently until it was removed. Staff recommends no fines be imposed. Mr. Nicolini asks the Chairman to re-open the discussion on the Morris case. Chmn. Gilliams, with the Board's consensus, opens the discussion. Mr. Nicolini asks again if it is the city's opinion to impose no fees? Mr. Cooper states yes, due to the fact that he did not ignore it and was working on it, and secondly, there isn't anything to attach a lien to. Mr. Metcalf makes a motion to accept the city's recommendation and levy no fines to Mr. Morris. Mrs. Kostenbader seconded the motion. Mr. Generazio asks Mr. Cooper if Lea Smith had indicated to him if the mooring/engine block was removed? Mr. Cooper states no. Lea Smith had worked with the Florida Marine Patrol and it was his understanding everything was satisfactory. Mr. Generazio states he doesn't want to see the city held liable down the road for something they overlooked. Mr. Cooper agrees, and states the best actual inspection of the area would be through the Florida Marine Patrol. This is the first time this was brought to his attention and feels it is best to keep the case tabled to the next meeting until a further inspection is done. Chmn. Gilliams suggest the defendant bring in proof of removal of the mooring/engine block. Mr. Cooper feels in this case the city has the obligation to do the inspection, or have the Marine Patrol advise us they did the inspection. CODE ENFORCEMENT BOARD REGULAR MEETING OF DECEMBER 21~ 1994 PAGE FOUR Mr. Metcalf withdraws his motion. He then makes another motion to table the case to the next meeting. Mr. Neglia seconded the motion. Roll call was taken. 6-0 motion carried. ~UBLIC INPUT: None ADJOURN: Mr. Generazio makes a motion to adjourn the meeting. seconded it. Chairman Gilliams closes the meeting at 2:42 P.M. Mr. Metcalf Minutes approved at the Code Enforcement Board Secretary Damien~~l, Chairman · 1995 Meeting.