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HomeMy WebLinkAbout11162005 CEB met SE~~~N -~"', ':.'....._-~.~ .~~,~3;,,'.7_..__. . ..'>,.c'::_........ . ------ . HOME OF PELICAN ISLAND CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING November 16, 2005 1. Chairman Dodd called the meeting to order at 2:00 p.m. with a pledge to the flag. 2, ROLL CALL: Present: Chairman Charles Ed Dodd Eva Schofield Ronald Van Buskirk Carl Anderson Howard Brauer Barbara Beck (alt) David Johns (alt) Also Present: Code Enforcement Officers Absent: Excused: Fred Clement City Attorney CEB Secretary Richard lachini Antoine Van Meir Rich Stringer Shirley Lynch Chairman Dodd reported for the record that the alternate members will be voting in place of the absent members 3. The minutes to the October 19, 2005 Code Enforcement Board meeting were approved as written on a motion by Howard Brauer, second by Carl Anderson- voice vote: Ayes 7- Nays 0 4. Additions & Deletions- Items A and E have complied, and are removed from the agenda Officer VanMeir asked that Item B (trash/debris) be postponed to the December 21,2005 meeting 5. NOTICED HEARINGS: C. VIOLATION HEARING- CASE #2005-9953 William Stevens-1421 Thornhill Lane SECTION 66-3.(1)(1) (11) The mlliDtaiDbIg. using, pIadDg, depositiDg.leaviDg or permiUiDg to be or remain on any pabBe or private property of...y of the foIIowiDg item.. CODdhioDs, or 8dioDJ is hereby declared to be and constitute. nuisance; provided. however, thiS enwneratloa .... DOt be deemed or construed to be conclusive, limiting or restridive Code Enforcement Meeting November 16, 2005 Page2 of 5 (1) Accumulations of trash, IiUer, debris. gam.ge. bottles, paper, cans, rags. dead or decayed fish, fowl. meat, or other animal matter, fruit, vegdabIes, offal, bricks, concrete, scrap bunber or other building debris. or other refuse of any utIIre (2) Any conclitioD wtUdl pnwicIes hartMJnt&e tor rats, mice, 'SDaIteS, and other vermin (12) 1Dopentive, juDk or abandoned vehicles and l'eSIeIs on the exterior portions of residential property Chairman Dodd swore in Code Enforcement Officer Antoine VanMeir Ronald VanBuskirk told the Chair that he is abstaining from voting on this case. He knows Mr. Stevens well and will refrain from making any comments. Mr. VanBuskirk presented Form 8B (Memo of Voting Conflict) to the secretary for incorporation into the minutes. Mr. VanBuskirk has known the Respondent for many years; he is a friend of the family, and is a close mend ofMr.VanBuskirks' mother. Officer VanMeir gave his credentials and the City's case against Mr. Stevens. There was no one in attendance to represent the Respondent. The investigation on this case began April 20, 2005. The complaint was an anonymous caller. Most of the debris was removed but the unlicensed vehicles remained. He asked the Board to find Mr. Stevens in violation of the code, give him a reasonable amount of time to remove the vehicles and fine him per day if he doesn)t comply. Officer VanMeir showed photos taken on November 15, 2005, of the unlicensed/unregistered vehicles as well as the inoperative vehicle. The last contact with Mr. Stevens was three weeks ago when Mr. Stevens stated he would remove the vehicles. Robert Kicia, 1392 Thornhill Lane, addressed the Board- Chairman Dodd swore him in. He gave a history of the property and past hearings of the Code Boards. He stated that on April 17, 2002 the Code Board gave the Respondent 100 days to clear up the prop; on August 21, 2002 Mr. Stevens was told that if he ever went out of compliance again) he would be fined immediately. Mr. Kicia asked that the Board request a nuisance abatement from the City. He read that that would allow the City to remove the vehicles at the expense of the homeowner. . Mr. Kicia quoted the City Attorney who stated in August 21, 2002, "having a nuisance was a violation of code but with a nuisance abatement the City can remedy the situation at the expense of the homeowner". Mr. Kicia is trying to sell his house and feels Mr. Stevens is ruining the area by his violations. After questioning from the Board members, City Attorney Stringer stated that Mr. Kicia's was correct; but he stated that this board can not order a nuisance abatement, because that is the prerogative of the city manager. Officer VanMeir stated he cannot find a wrecker service that will go on private property to remove a vehicle without a signature from the owner or the property owner. Mr. Stringer asked if Mr. Stevens was notified as a repeat offender? After a discussion MOTION made by Ed Dodd in reference to case #2005-9953 to find the respondent in violation of Section 66-3 of the Code of Ordinances and find the respondent as a repeat offender, at a fine of $500.00 per day beginning seven days from the delivery of notice) seconded by David Johns ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron Van Buskirk Carl Anderson Howard Brauer David Johns Barbara Beck YES YES Abstained YES YES YES YES Code Enforcement Meeting November 16, 2005 Page 3of5 Motion carried 6 ayes, 1 Abstention D. VIOLA nON BEARING- CASE #2005-24976 Mr. & Mrs. Orlando Lorenzo- 1361 Laconia Street SECTION 30-19. CODE OF ORDINANCES No penon shall engage iD any activities for which a IiceDlle is required by this article, UJIIeg IIIdI penoR .... . valid oceupationaIliceRJe issued by the city. No penon ..... knowiDgIy make a false sta1emeDt in the license application u to conditions or facts upon wbidI tile fee is based. Officer VanMeir presented the city's case. He met with Mrs. Lorenzo who stated to him that she was running a day care center. Officer Van Meir stated that the Lorenzo's do not have an occupational license with the City of Sebastian and asked to have the board find the respondents in violation of the ordinance. There was no one in attendance to represent the Respondents. After questions and discussion, MOTION made by Ed Dodd, in reference to case #2005-24976, finding the Respondents out of compliance with Section 30-29 of the Code of Ordinances, giving them seventy-two (72) hours after date of delivery of the Findings to obtain an occupational license for the 200412005 and 2005/2006 years. Failure to come into compliance by that date will be met with a total per day fine of $250.00 until the Respondents come into compliance. Motion seconded by Barbara Beck ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron Van Buskirk Carl Anderson Howard Brauer David Johns Barbara Beck YES YES YES ~ YES YES YES Motion carried 7-0 F. VIOLATION BEARING- CASE #2005-22839 Florida Power Sports- 1301 US Highway One Richard Scotti Marie Case- Building Owners SECTION 54-4-21.A. 7 LAND DEVEWPMENT CODE- Landscape RqUiranents have not been met Officer VanMeir presented the City's case. There was an approved site plan with an approved landscape plan that has not been implemented and no extension of the site plan was filed. The site plan was approved September 2004. Photos of the property were shown. Mr. Damian Gilliams residing @ 1623 US Highway One stated he is in contact with Mr. Scott & Don Browning, owner of Florida Power Sports, and that he is also a sub-lessee of the property as is Mr. Browning. He contends that the site plan is null and void and the landscaping plan is invalid because it was not required to begin with. Mr. Gilliams was told that the only item the Code Enforcement Board can deal with is that there is an approved site plan in place and if all the items on that site plan has been complied with. This Board has no jurisdiction to decide whether or not an ordinance is valid or whether a property is grandfathered in. The Code Board can only deal with none execution of an approved site plan. Mr. Gilliams asked the Board to table this issue until the Respondents can have proper representation to deal with this issue. Mr. Gilliams stated he was representing the owners and lessees in this case. Code Enfon:ement Meeting November 16, 2005 Page4of5 After further discussion, MOTION made Ronald VanBuskirk reference to case #2005- 22839 finding Richard Scott and Mary Case in violation of Section 54- 4-21.A.7 of the Land Development Code- Landscaping Requirements- of the City of Sebastian, giving them until Wednesday, January 18, 2006 to come into compliance with that code or it will be discussed at the January Code Enforcement Board meeting. ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron Van Buskirk Carl Anderson Howard Brauer David Johns Barbara Beck Motion carried 7"() 7. CHAIRMAN'S MATTERS- NONE 8. MEMBER'S MATfERS: NONE YES YES YES YES YES YES YES 9. CODE OFFICER MATTERS: Officer Van Meir reported on Case #2005-6831, Alan's Maytag- 401 Sebastian Blvd.-they have complied. Also Case 2005-2282, Blockbuster Video have complied by paying their alarm fine and renewal- Case #2005-16583 Delmont Oquist- 1413 N. Central Avenue -they have submitted a sign that has been approve by the City-they have a sign company. He is waiting for the sign company to place the sign. MOTION made by Ed Dodd, reference Case #2005-16583, to extend the date in which the Respondent has to come into compliance until the January 18, 2006, second by Howard Brauer ROLL CALL VOTE: Chairman Charles Ed Dodd Eva Schofield Ron Van Buskirk Carl Anderson Howard Brauer David Johns Barbara Beck Motion carried 7"() YES YES YES YES YES YES YES Chairman Dodd commented that he read the fiscal year report and the number of complaints that were addressed by the Code Enforcement Officers and is amazed about how many complaints were cleared up and how few cases needed to be brought to the code board, He stated he is impressed by the work the Code Officers are doing. 10. ATTORNEY MATTERS: Mr. Stringer stated this board functions as judiciously as a municipal court. He stated that a judge would hold the Code Enforcement Board members to his standards. He said he is tighter on this board because of this. When the judge reviews the transcript, sometimes the comments are not appropriate, and will decide a case. Code Enforcement Meeting November 16, 2005 Page 5 ofs 11. PUBUC INPUT: Mr. Gilliams stated everyone should be able to submit testimony and be cross-examined. He discussed the 1301 US Highway One property and his interpretation of the problem. Mr. Gilliam was informed that the owners had 30 days to appeal to the City Council over a year ago- now if the parties want to challenge the City's decision, they will have to bring it to the Circuit Court. Mr. Stringer stated that this Board is not to give feedback on items; that they are to hear a case only when it comes to them, and apply the law to the facts that they hear There being no further business to come before the Board, Chairman Dodd adjourned the meeting at 3 :25 pm Approved at the ~ ~~ ~az- Code Enforcement Board meeting. ~~~ Chairman Charles "Ed" Dodd ~L1r~ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTt MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMlTTEEA c; OF- Sei3,AsrflJ~1 C>pt;r 6io/A:J~C/I"It!'.Nr lJclA,<.? TIE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON WHJCH I SERVE IS A UNIT OF: IOI'CITY C COUNTY C OTHER LOCAL AGENCY NAME OF POLmCAL SUBDIVISION: yVlt'ch.AcL- C ELECTIVE ~OINTIVE MY POSmON IS: WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the Instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or ioss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity . For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer aa a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest In the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form In the minutes. (Continued on other side) CE FORM 88. EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1/2A1 0/-1&.sKill~ , hereby disclose that on /i/VV(;~ be-iL /6~ ,20 or: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ./ inured to the special gain or loss of my relative, f'I1orhf:~tt..S J)uf F~i~tJ./J 1:.5 -fl., C !,AJlry E/Vt/"'II~ inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: j::/oIvth./ (Jt~,4i "/ri,-=/Z Ai?. IS- Yl.:'/I~~ Is ,4 ;=/l;f:7-f~1 o~ ,7h L i~~;'-,/. .A""<J fi Ci.;;s~ t:-Il.; t:af/) (.....I1.7"/....""""j ~o'"/Jr t!.1f . . by ,which 111/7/0S- Date Filed /~ u1Z/d ( Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2