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Home My WebLink About05212003 CEB CITY OF SEBASTIAN CODE ENFORCEMENT BOARD COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FL 32958 MINUTES OF REGULAR MEETING MAY 21, 2003 Chairman Van Buskirk 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. Secley Chairman Van Buskirk Ms. Schofield Mr. Manuel Excused Absences: Ken Cosco Also Present: Code Enforeement Officer Antoine Van Meir Code Enforcement Officer Warren Liodquist Donna Cyr-Williams, Secretary Jeanette Williams, Recording Secretary APPROVAL OF MINUTES: 4/16/03 Meeting The minutes were approved by a voice vote %0. NOTICED HEARINGS: VIOLATION HEARING - CASE # 2003-07520 BARBARA A. BROGNANO- 1648 ADDLE STREET SECTION 54-2-7-13.4 LAND DEVELOPMENT CODE Ms. Brognano was not present. The next case was presented to give the City' Attorney time to arrive with advice, VIOLATION HEARING - CASE #2003-10477 DAMIAN GALBRAITH - 117 HARRIS DRIVE SECTION 54-2-7-13.4 LAND DEVELOPMENT CODE Code Enforcement Meeth~g Ma), 21, 2003 Page Two Chairman Van Buskirk swore in Damian Galbraith. Mr. Galbraith stated that his boat is always beside his house except when he is working on it and perhaps a neighbor is against him or coincidence that Code Enforcement drives by when the boat is in the driveway. Discussion followed on the length of that boat and where his 2'a boat is kept and whether both boats were currently operational. The Chairman then swore in Officer Van Meir who recounted Mr. Galbraith's citations and recommended leniency because Mr. Galbraith appeared ready to work on the boat that morning and it was moved by the time he lefi the property. The City Attorney arrived. Mr. Griffin asked iftbe previous citations were a result of complaints. Officer Van Meir answered that only the last citation was complaint driven. Mr. Griffin further stated that the code could be elaborated on for cleaning boats. MOTION by Neglia/Seeley "I motion I'd like to find Mr. Damian Galbraith case # 2003-10477 in violation of54-2-7-13.4 with no fine handed out but if he is in repeat violation he'll be subject to $500.00 a day frees." ROLL CALL: Mr. Neglia -aye Mr. Sinunons -aye Mrs. Barczyk -aye Mr. Griffin -aye Mr. Seeley -aye Chairman Van Buskirk -aye Ms. Schofield -aye MOTION CARRIED 7-0 VIOLATION HEARING - CASE # 2003-07520 BARBARA A. BROGNANO - 1648 ADDIE STREET SECTION 54-2-7-13 A LAN D DEVELOPMENT CODE The City Attorney advised the Board to proceed with this case without the property owner. Officer Van Meir stated he followed up on three violations of a jet ski recreational vehicle and hand delivered a notice to Ms. Brognano to come before the board on 5/7/03. MOTION by Barczyk/Simmons "I recommend that in case No. 2003-07520 we go with the recommendation of our Code Enforcement officer with a notice that if should it happen again, a violation will occur." ROLL CALL: Mr. Neglia -aye Mr. Simmons -aye Mrs. Barczyk -aye Mr. Griffin -aye Mr. Seeley -aye Chairman Van Buskirk -aye Ms. Schofield -aye MOTION CARRIED 7-0 Mr. Griffin bought up that fishermen could be called in routinely by unfriendly neighbors. The City Attorney stated officers may use discretion. Code Enforcement Meeting May 21, 2003 Page Three 6. CHAIRMAN'S MATTERS Noted the City shirts had come in for the members to wear, MEMBER'S MATTERS Ms. Schofield asked how much of the facts they should be reviewing. Mrs. Barczyk suggested omitting the name on cases because the City is a small community. CODE ENFORCEMENT OFFICER'S MATTERS Officer Lindquist suggested applying the same boat cleaning principal to motor homes when a resident is getting ready for a trip. Officer Van Meir stated everything must be taken into account. Baxter Coston, 660 Balboa Street, asked how the public was informed of lawn irrigation changes. Board members remembered seeing an ad in the paper and on the City website. CITY ATTORNEY MATTERS The City Attorney reminded the Board that they are to make their determinations with the evidence presented under oath and that agandas are provided to give members an idea of how long the meeting will be. He further stated that van trips could be arranged and videotaped if necessaW. Side ll, Tape l, 3:03pm Mr. Griffin asked if any problem codes were to be changed in the near future. The City Attorney replied one change is planned to come before the Planning and Zoning Commission. Mr. Neglia asked if noise could be considered a nuisance and the City Attorney replied that noise must be shown to be evasive and a certain decibel. 10. Being no further business, the Chairman adjourned the meeting at 3:10 p,m Approved at the 7 - 1 6 - 0 3 meeting. Chairman Ron Van Buskirk Williams, Recording Secretary AGENDA SEBASTIAN CODE ENFORCEMENT BOARD WEDNESDAY, MAY 21ST, 2003 2:00PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES - Regular Meeting 04/16/03 NOTICED HEARINGS A. VIOLATION HEARING - CASE # 2003-07520 BARBARA A. BROGNANO - 1648 ADDLE STREET · SECTION 54-2-7-13.4 LAND DEVELOPMENT ORDINANCES VIOLATION HEARING - CASE # 2003-10477 DAM IAN GALBRAITH - 117 HARRIS DRIVE · SECTION 54-2-7-13.4 LAND DEVELOPMENT ORDINANCES 7. 8. 9. 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 MAY 21, 2003 Chairman Van Buskirk 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 Van Buskirk Ms. Schofield Mr. Manuel Excused Absences: Ken Cosco Also Present: Code Enforcement Officer Antoine Van Meir Code Enforcement Officer Warren Lindquist Donna Cyr-Williams, Secretary Jeanette Williams, Recording Secretary APPROVAL OF MINUTES: 4/16/03 Meeting The minutes were approved by a voice vote 7-0. NOTICED HEARINGS: VIOLATION HEARING - CASE # 2003-07520 BARBARA A. BROGNANO - 1648 ADDLE STREET SECTION 54-2-7-13.4 LAND DEVELOPMENT CODE Ms. Brognano was not present. The next case was presented to give the City Attorney time to arrive with advice, VIOLATION HEARING - CASE #2003-10477 DAMIAN GALBRAITH - 117 HARRIS DRIVE SECTION 54-2-7-13.4 LAND DEVELOPMENT CODE Code Enforcement Meeting May 21, 2003 Page Two Chairman Van Buskirk swore in Damian Galbraith. Mr. Galbraith stated that his boat is always beside his house except when he is working on it and perhaps a neighbor is against him or coincidence that Code Enforcement drives by when the boat is in the driveway. Discussion followed on the length of that boat and where his 2nd boat is kept and whether both boats were currently operational. The Chairman then swore in Officer Van Meir who recounted Mr. Galbraith's citations and recommended leniency because Mr. Galbraith appeared ready to work on the boat that morning and it was moved by the time he left the property. The City Attorney arrived. Mr. Griffin asked if the previous citations were a result of complaints. Officer Van Meir answered that only the last citation was complaint driven. Mr. Griffin further stated that the code could be elaborated on for cleaning boats. MOTION by Neglia/Seeley "I motion I'd like to find Mr. Damian Galbraith case # 2003-10477 in violation of 54-2-7-13.4 with no fine handed out but if he is in repeat violation he'll be subject to $500.00 a day fines." ROLL CALL: MOTION CARRIED 7-0 Mr. Neglia -aye Mr. Simmons -aye Mrs. Barczyk -aye Mr. Griffin -aye Mr. Seeley -aye Chairman Van Buskirk -aye Ms. Schofield -aye VIOLATION HEARING - CASE # 2003-07520 BARBARA A. BROGNANO - 1648 ADDLE STREET SECTION 54-2-7-13.4 LAND DEVELOPMENT CODE The City Attorney advised the Board to proceed with this case without the property owner. Officer Van Meir stated he followed up on three violations of a jet ski recreational vehicle and hand delivered a notice to Ms. Brognano to come before the board on 5/7/03. MOTION by Barczyk/Simmons "I recommend that in case No. 2003-07520 we go with the recommendation of our Code Enforcement officer with a notice that if should it happen again, a violation will occur." ROLL CALL: Mr. Neglia -aye Mr. Simmons -aye Mrs. Barczyk -aye Mr. Griffin -aye Mr. Seeley -aye Chairman Van Buskirk -aye Ms. Schofield -aye MOTION CARRIED 7-0 Mr. Griffin bought up that fishermen could be called in routinely by unfriendly neighbors. The City Attorney stated officers may use discretion. Code Enforcement Meeting May 21, 2003 Page Three 6. CHAIRMAN'S MATTERS Noted the City shirts had come in for the members to wear. 7. MEMBER'S MATTERS Ms. Schofield asked how much of the facts they should be reviewing. Mrs. Barczyk suggested omitting the name on cases because the City is a small community. 8. CODE ENFORCEMENT OFFICER'S MATTERS Officer Lindquist suggested applying the same boat cleaning principal to motor homes when a resident is getting ready for a trip. Officer Van Meir stated everything must be taken into account. Baxter Coston, 660 Balboa Street, asked how the public was informed of lawn irrigation changes. Board members remembered seeing an ad in the paper and on the City website. 9. CITY ATTORNEY MATTERS The City Attorney reminded the Board that they are to make their determinations with the evidence presented under oath and that agendas are provided to give members an idea of how long the meeting will be. He further stated that van trips could be arranged and videotaped if necessary. Side II, Tape l, 3:03pm Mr. Griffin asked if any problem codes were to be changed in the near future. The City Attorney replied one change is planned to come before the Planning and Zoning Commission. Mr. Neglia asked if noise could be considered a nuisance and the City Attorney replied that noise must be shown to be evasive and a certain decibel. 10. Being no further business, the Chairman adjourned the meeting at 3:10 p.m Approved at the meeting. Chairman Ron Van Buskirk Jeanette Williams, Recording Secretary