Loading...
HomeMy WebLinkAbout04162003 CEB AGENDA SEBASTIAN CODE ENFORCEMENT BOARD WEDNESDAY, APRIL 16TH, 2003 2:00PM CITY COUNCIL CHAMBERS 1226 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES- Regular Meeting 03/19/03 NOTICED HEARINGS A. FALSE ALARM VIOLATION - PERMIT#2264 - APPEAL OF FINE MR. & MRS. LEWIS MEDEIROS - 558 ACACIA AVENUE · SECTION 39-39 CODE OF ORDINANCES FALSE ALARM VIOLATION - PERMIT#1542 - APPEAL OF FINE SEBASTIAN WALK IN CLINIC - 1621 US HWY 1 · SECTION 39-39 CODE OF ORDINANCES FALSE ALARM VIOLATION - PERMIT#1148 -APPEAL OF FINE HURRICANE HARBOR - 1540 INDIAN RIVER DRIVE · SECTION 39-39 CODE OF ORDINANCES 7. 8. 9. 10. CHAIRMAN'S MATTERS MEMBERS MATTERS CODE ENFORCEMENT OFFICER'S MATTERS ATTORNEY'S MATTERS ADJOURN 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 CODE ENFORCEMENT BOARD COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FL 32958 MINUTES OF REGULAR MEETING APRIL 16, 2003 Chairman VanBuskirk called the meeting to order at 2:00 p.m. The Pledge of Allegiance was recited. ROLL CALL: Mr. Neglia Mr. Simmons Mr. Cosco Mrs. Barczyk Mr. Griffin Mr. Seeley Chairman VanBuskirk Ms. Schofield Mr. Manuel Also Present: Code Enforcement Officer Antoine Van Meir Code Enforcement Officer Warren Lindquist Donna Cyr-Williams, Secretary Jeanette Williams, Recording Secretary APPROVAL OF MINUTES: 3/19/03 Meeting Voice vote on the motion carried 7-0. NOTICED HEARINGS: FALSE ALARM VIOLATION - PERMIT #2264 - APPEAL OF FINE MR & MRS. LEWIS MEDEIROS - 558 ACACIA AVENUE SECTION 39-39 CODE OF ORDINANCES Mr. & Mrs. Lewis Medeiros were sworn in and stated that their system had been giving them problems during the last year and that some of the sensors were not aligned but have been fixed and a zone was separatext into two. He further stated the alarm company diagnosed that a new keypad was needed but has yet to be installed but since the sensor replacement and zone separation he has not had any problems. Discussion followed on the repair dates. MOTION by: SimmonsJSeeley "I so move a recommendation that the first alarm be forgiven let the record show the last two shown stand." Code Enforcement Meeting April 16, 2003 Page Two ROLL CALL: Mr. Neglia -nay Mr. Simmons -aye Mr. Cosco -aye Mrs. Barczyk -aye Mr. Griffin -aye Mr. Seeley -aye Chairman -nay MOTION CARRIED 5-2 FALSE ALARM VIOLATION - PERMIT #1542 - APPEAL OF FINE SEBASTIAN WALK-IN CLINIC - 1621 US Hwy 1 Jennifer Powell was sworn in and represented Dr. Turk. Ms. Powell stated that the Clinic's alarm Was consistently set off by patients who pull on the doors after hours especially right after closing. She further stated that she has posted a sign asking patients not to pull on the door. Discussion followed on changing the door trigger. Motion by: Griffin/ "I'd like to make a motion that we ask that they get the door alarm fixed and show us proof of it then I would say--I would make a motion that we waive the fines since they all occurred in a three-day period given the nature of the business and they have certainly have seem to made a good faith effort to correct the problem." The motion was not seconded and therefore died. 2~ Motion by: Seeley/Barczyk "I'd like to make a motion that we accept the staff's recommendation having the four fines be paid given the nature of the business they should be a little bit mom responsible in terms of maintaining security at their walk-in clinic." ROLL CALL: Mr. Neglia -aye Mr. Simmons -aye Mr. Cosco -aye Mrs. Barczyk -aye Mr. Griffin -nay Mr. Seeley -aye Chairman -aye MOTION CARRIED 6-1 FALSE ALARM VIOLATION - PERMIT #1148 - APPEAL OF FINE HURRICANE HARBOR - 1540 INDIAN RIVER DRIVE SECTION 39-39 CODE OF ORDINANCES Mr. Jack Eromin was sworn in and stated that the system has been in place for six years with yearly inspections and beginning February of this year, the alarm went off twice on two different days with no malfunction identified by service calls. He admitted one alarm was due to the morning cleaner and he has since replaced sensors without further trouble. Mr. Eromin cannot renew his permit until the fines are taken care of. Discussion followed on Mr. Eromin's effort to fix the problem with service calls and the yearly maintenance. Code Enforcement Meeting April 16, 2003 Page Throe MOTION by: Cosco/Seeley "I'll make a motion that we accept the City's recommendation and we forgive two fifteen---two on 2/15/03 and the two on 2/16/03." ROLL CALL: Mr. Neglis -aye Mr. Simmons -nay Mr. Cosco -aye Mrs. Barczyk -aye Mr. Griffin -aye Mr. Seeley -aye Chairman -aye MOTION CARRIED 6-1 CHAIRMAN'S MATTERS Chairman VanBuskirk prompted discussion concerning the lowering of false alarm fines. Discussion followed on cities that have discontinued responding to false alarms, sending offenders to alarm school and continuing the consideration of case by case. Ms. Schofield asked if the technicians are certified and Mr. Cosco asked if certain companies could be prohibited from doing business in the City. The City Attorney arrived at this point and stated that in most regulated fields the state has a certification process and unless the City took on a certification process and the testing of technicians, the City could not ban certain alarm companies. The City Attorney reminded the board that they are taking the place of a court and they should remain in a judicial position rather than recommending changes to laws that they will later have to apply to cases. Mr. Neglia made a motion to discontinue the pursuit of lower fines which was seconded by Mr. Seeley and Agreed to by voice consensus. 7. MEMBER'S MATTERS Mr. Seeley asked what could be done about a previous Respondent who had not paid his fine yet. The City Attorney replied that it could be noted on his credit report. 8. CODE ENFORCEMENT OFFICER'S MATTERS Code Enforcement Officer Antoine VanMeir introduced Rusty Corbin with Alert Security Systems who answered Alarm system questions for the Board regarding motion detectors, magnets losing strength and dragonflies that could activate alarm systems. Mr. Corbin stated monitoring stations could print history reports indicating faulty zones for future cases. Side II Tape l 3:02 p.m. 9. CITY ATTORNEY MATTERS The City Attorney stated that, since the basis for appellate relief are limited; perhaps fines should be lowered, numerous occurrences in one day could act as one false alarm call and an intermediary appeals panel could be Code Enforcement Meeting April 16, 2003 Page Four set up. He stated the police department is currently tweaking the alarm ordinance with these suggestions and he will let the board know when it is on the City Council's agenda. He further reminded the board that the code enforcement process is an imperfect way to fix a problem. 10. Being no further business, the Chairman adjourned the meeting at 3:32 p.m Approved at the 5- 2 3.- 0 3 meeting. Chairman Ron VanBuskirk ~,~nette Williams, Recording Secretary