CODE ENFORCEMENT BOARD A meeting of the Indian River County (IRC) Code Enforcement Board (the Board) was held in the Commission Chambers at the County Administration Building, 1801 27th Street, Building A, Vero Beach, Florida on Monday, November 28, 2016 at 1:30 p.m. Present were Chairman David Myers II, Businessman Appointee; Vice- Chairman Stephen Boehning, Engineer Appointee; Karl Zimmermann, Realtor Appointee and Joe Petrulak, Subcontractor Appointee. Pete Clements, General Contractor Appointee and Tony Gervasio, Memberat-Large Appointee were absent. Let the record show that there is a vacancy for an Architect Appointee. Also in attendance was Attorney Jennifer Peshke, Attorney for the Board; IRC staff: Roland DeBlois, Environmental and Code Enforcement Chief; Betty Davis, Kelly Buck, Vanessa Carter Solomon and Rose Jefferson, Code Enforcement Officers; Steven Hitt, Senior Environmental Planner, Community Development Department; and Lisa Carlson, Recording Secretary. 7:08:31 Call to Order Chairman David Myers II called the meeting to order and led all in the Pledge of Allegiance. The secretary called the roll, establishing that a quorum was present. 7:09:33 Approval of Minutes Boehning, the Board voted unanimously (4-0) to approve the minutes of October 24, 2016 as presented. 7:10:04 Attorney s Overview of Board Purpose and Procedures Attorney Jennifer Peshke, Attorney for the Board, gave a brief overview of the procedures and purpose of the Code Enforcement Board. CEB- Approved 1 November 28, 2016
7:15:30 Agenda Additions or Deletions, Consent Items Mr. Roland DeBlois, IRC Environmental and Code Enforcement Chief, reported the following cases had either complied, been rescheduled, or were recommended by staff for an extension of time on the Consent Agenda. Cases #2016080043, #2016080078, #2016090053, #2016100003, #2016080033, #2016030011 and #2015110006 30-day extension until December 23, 2016. Cases #2015060082, #2015040137, #2016030077, #2015060063, #2016070085, #201400101, #2016060017 and #2015060062 60-day extension until January 20, 2017. Case #2015030026 90-day extension until February 24, 2017. Cases #2016040041, #2014070129 and #2013040172 have been rescheduled. In compliance were Cases #2016040011, #2016080037, #2016080117, #2016090065, #2016090085, #2016090021, #2016070119, #2016100002, #2016090125, #2016090126, #2016090149, #2016100043, #2016100046, #2016110001, #2016110039, #2016080097, #2016080077, #201608024, #2016070061, #2016090023, #2016080130 and #2016090028. Mr. DeBlois recommended that the Lien Release Requests be heard at 2:30 p.m. or later. 7:22:53 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Petrulak, the Board voted unanimously (4-0) to accept the Consent Agenda with the revisions. 7:23:15 Swearing in of Those Who Will Testify The secretary proceeded to administer the testimonial oath to everyone who would be testifying at today s hearings. EVIDENTIARY HEARINGS 7:24:22 Case #2016080131 Wedgewood Rentals LLC Mr. Roland DeBlois summarized that this case involved clearing of approximately twenty-five acres of residentially zoned land without a permit and cited Section 927.17 of the Indian River County Code of Ordinances. He pointed out that the county s Upland Protection Ordinance requires that for developing sites of more than five acres consisting of native upland plants, the developer is required to set aside a minimum of fifteen percent. He discussed penalties as described by the CEB- Approved 2 November 28, 2016
ordinance which in this case would be a base fee of fifty cents per square foot with a cap of $15,000. He concluded that because native upland was involved and there was no development plan, it was unlikely the project would qualify for an after-thefact clearing permit and that the land clearing debris piles must be removed and properly disposed of at a permitted facility. Mr. Steven Hitt, IRC Senior Environmental Planner, submitted eleven photographs into evidence and described his observations at the Subject Property. He stated that he had witnessed an equipment operator pushing over trees and as there was no land clearing permit on file, proceeded to stop him,. The operator introduced him to the Property Owner and a discussion ensued as to his intentions to clear the land for cattle. He added that the debris was predominately native uplands underbrush, Brazilian pepper and possibly oak. Respondent Mr. Pellegnirro Barone contended that he purchased the property with the intention of storing cattle, that he removed only pepper trees while trimming back oak trees, and that he was unaware that a permit was required. He voiced his opinion that it was unfair that he be fined because he would have stopped the process sooner had the County asked him to before it went on for ten days. 8:03:21 Zimmermann, the Board voted unanimously (4-0) to find the violation and impose a fine of $15,000 and grant an extension of sixty days, until January 20, 2017, for compliance by removing the land clearing debris piles on the Subject Property or a $100 per day fine would be imposed. Mr. Barone stated that he would obtain an attorney and appeal the ruling and added that removing the debris would be impossible as a vehicle could not access the property but that he planned to obtain a burn permit. It is noted for the record that the Respondents were present for this hearing. 8:07:52 Case #2016090134 Nathan S. & Cindy L. Lopresto Ms. Betty Davis, IRC Code Enforcement Officer, testified that this case related to debris, boat storage and expired building permits on a shed. She recommended a sixty-day extension, until January 20, 2016, for the Subject Property to be brought into compliance. CEB- Approved 3 November 28, 2016
Respondent Mr. Nathan Lopresto stated that he has arranged to remove the boats, has cleaned up the Subject Property, and was working on the building permit extensions. 8:11:51 ON MOTION BY Mr. Boehning, SECONDED BY Mr. the violation and grant an extension of sixty days, until January 20, 2017, for compliance or a $100 per It is noted for the record that the Respondents were present for this hearing. 8:13:52 Case #2016100035 Hutton Team LLC Ms. Kelly Buck, IRC Code Enforcement Officer, submitted five photographs into evidence as well as an e-mail from Hutton Team LLC Director of Property Management, Mr. Joel Ballard. She testified that this case related to debris and landscape maintenance violations and recommended a sixty-day extension, until January 20, 2017, for the Subject Property to be brought into compliance. Respondents representing Family Dollar, Manager Ms. Patricia Raulerson and Attorney Mr. Mitchell Schermer stated that they would do whatever they could to alleviate the violations within the timeframe allowed. 8:20:21 Boehning, the Board voted unanimously (4-0) to find the violation and grant an extension of sixty days, until January 20, 2017, for compliance or a $100 per It is noted for the record that representatives for the Respondent was present for this hearing. COMPLIANCE HEARINGS 8:22:42 Case #201570003 Kelly Garceau Mr. Roland DeBlois summarized that this case had to do with an unpermitted CEB- Approved 4 November 28, 2016
modular building and site plan nonconformance issues. He stated that a building permit and site plan approval have been obtained but questioned whether the site plan has been implemented. He pointed out that there is still an issue of where the vehicles associated with the Respondent s towing business can be parked on the Subject Property and recommended a fourteen-day extension to resolve the parking issue and a ninety-day extension, until February 24, 2017, for implementation of the approved site plan. Ms. Vanessa Carter Solomon, IRC Code Enforcement Officer, submitted two photographs into evidence and testified that there is still an issue of vehicle parking on the Subject Property that is unaccounted for on the approved site plan. Respondent Mr. Kelly Garceau testified that he is making provisions to move ahead with the site plan changes but estimates that it will take six months. 8:42:53 Zimmermann, the Board voted unanimously (4-0) to find the violation and grant an extension of fourteen days to resolve the parking issue and ninety days, until February 24, 2017, for implementation of the approved site plan or a $100 per day fine would be imposed. It is noted for the record that Respondent was present for this hearing. LIEN RELEASE REQUESTS 8:44:24 Case #2015120039 Margaret M. Braue Mr. DeBlois informed the Board that this case related to debris violations that originally came before the Board on March 25, 2015. The fine was imposed on May 21, 2016 when compliance was not met. Compliance was achieved on October 11, 2016 after a passage of 143 days for a flat fine of $14,300 with administrative costs being $2300. He recommended setting the fine at $2300. Respondent Ms. Debbie Jensen of Century 21, listing agent on this foreclosed Freddie Mac property, testified that the Subject Property has been maintained since shortly after she received it on September 30, 2016. She added that the property has not been sold. CEB- Approved 5 November 28, 2016
8:51:07 Zimmermann, the Board voted unanimously (4-0) to acknowledge compliance and reduce the fine to $2300. It is noted for the record that a representative for the Respondent was present for this hearing. COMPLIANCE HEARINGS 8:52:33 Case #2016020092 NTIC-Vero Beach LLC Mr. Roland DeBlois testified that this case initially came before the Board on May 23, 2016 for dune protection violations at which time the Respondent was fined $15,000 and ordered to complete the restoration of the dunes within sixty days. He advised that the property has since been brought into compliance. Representation for the Respondent, Attorney Sean Mickley, discussed the fact that his client had in fact been in possession of the required clearing permit from the Department of Protection (DEP) but that it had expired before work began. He went on to say that his client has since acted diligently in revegetating the Subject Property and disputed the number of square feet involved, requesting a reduction in the fine. 9:13:33 ON MOTION BY Mr. Zimmermann to find the violation and reduce the fine to $5542. There was no second and this motion failed. The original fine of $15,000 stands. It is noted for the record that a representative for the Respondent was present for this hearing. Chairman Myers called a five-minute recess at 3:38 p.m. EVIDENTIARY HEARINGS 9:24:03 Case #2016080006 Dennis & Buffie Hill Ms. Rose Jefferson, IRC Code Enforcement Officer, submitted three CEB- Approved 6 November 28, 2016
photographs into evidence and testified that this case related to debris and overgrown weeds on the Subject Property. She recommended a thirty-day extension, until December 23, 2016, for the Subject Property to be brought into compliance. 9:25:43 Boehning, the Board voted unanimously (4-0) to find the violation and grant an extension of thirty days, until December 23, 2016, for compliance or a $100 per 9:26:03 Case #2016080103 US Bank NA Inspector Rose Jefferson submitted one photograph into evidence as well as an Affidavit of Service indicating that the property had been posted on November 17, 2016. She testified that this case related to swimming pool maintenance violations and recommended a thirty-day extension, until December 23, 2016, for the Subject Property to be brought into compliance. 9:26:53 Zimmermann, the Board voted unanimously (4-0) to find the violation and grant an extension of thirty days, until December 23, 2016, for compliance or a $100 per 9:27:23 Case #2016090100 Hans H. Kowalski Inspector Vanessa Carter Solomon submitted two photographs into evidence as well as an Affidavit of Service indicating that the property had been posted on November 18, 2016. She testified that this case related to overgrown weeds on the Subject Property and recommended a sixty-day extension, until January 20, 2017, for the Subject Property to be brought into compliance. CEB- Approved 7 November 28, 2016
9:28:33 ON MOTION BY Mr. Boehning, SECONDED BY Mr. the violation and grant an extension of thirty days, until January 20, 2017, for compliance or a $100 per 9:28:53 Case #2016070094 Melissa & John Miller Sr. Inspector Rose Jefferson submitted one photograph into evidence as well as an Affidavit of Service indicating that the property had been posted on November 17, 2016. She testified that this case related to overgrown weed and debris violations and recommended a thirty-day extension, until December 23, 2016, for the Subject Property to be brought into compliance. 9:30:13 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. the violation and grant an extension of thirty days, until December 23, 2016, for compliance or a $100 per 9:30:33 Case #2016090063 Melissa P. Reading Inspector Rose Jefferson submitted two photographs into evidence as well as an Affidavit of Service indicating that the property had been posted on November 17, 2016. She testified that this case related to overgrown weeds and debris violations and recommended a thirty-day extension, until December 23, 2016, for the Subject Property to be brought into compliance. 9:31:53 ON MOTION BY Mr. Boehning, SECONDED BY Mr. the violation and grant an extension of thirty days, until December 23, 2016, for compliance or a $100 per CEB- Approved 8 November 28, 2016
9:32:13 Case #2016100042 Sebastian Inn & Suites LLC Inspector Betty Davis submitted two photograph into evidence and testified that this case related to dumpster and landscape violations and recommended a thirty-day extension, until December 23, 2016, for the Subject Property to be brought into compliance. 9:32:53 ON MOTION BY Mr. Boehning, SECONDED BY Mr. the violation and grant an extension of thirty days, until December 23, 2016, for compliance or a $100 per 9:33:13 Case #2016050037 Keith A. Moskowitz Inspector Kelly Buck submitted two photograph into evidence and testified that this case related to site plan violations concerning sign and parking issues and recommended a sixty-day extension, until January 20, 2016, for the Subject Property to be brought into compliance. 9:36:53 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Boehning, the Board voted unanimously (4-0) to find the violation and grant an extension of sixty days, until January 20, 2017, for compliance or a $100 per 9:37:13 Case #2016090054 Carolyn Matlak Inspector Kelly Buck submitted four photograph into evidence as well as an Affidavit of Service indicating that the property had been posted on November 17, 2016. She testified that this case related to debris and maintenance violations and recommended a sixty-day extension, until January 20, 2017, for the Subject Property to be brought into compliance. CEB- Approved 9 November 28, 2016
9:39:13 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. the violation and grant an extension of sixty days, until January 20, 2017, for compliance or a $100 per COMPLIANCE HEARINGS 9:39:43 Case #2015090140 Nikola Radakovic Inspector Vanessa Carter Solomon testified that this case initially came before the Board on March 28, 2016 for an unpermitted screen room that turned into a glass room. There has been no progress in obtaining the permit and she recommended that a $100 per day fine be imposed with a start date of November 26, 2016. 9:40:13 Boehning, the Board voted unanimously 4-0) to find the violation and impose a $100 per day fine beginning November 26, 2016. It is noted for the record that Respondent was not present for this hearing. 9:40:53 Case #2016060110 James C. Linus Inspector Vanessa Carter Solomon entered three photos into evidence and testified that this case initially came before the Board on August 22, 2016 for a land clearing debris stockpile violation. There has been no progress and she recommended that a $100 per day fine be imposed with a start date of November 26, 2016. 9:42:13 ON MOTION BY Mr. Boehning, SECONDED BY Mr. the violation and impose a $100 per day fine beginning November 26, 2016. CEB- Approved 10 November 28, 2016
It is noted for the record that Respondent was not present for this hearing. 9:42:53 Case #2016080073 Elias Almanza Inspector Betty Davis testified that this case initially came before the board on October 24, 2016 for junk vehicle and debris violations. She recommended a thirtyday extension, until December 23, 2016, for the Subject Property to be brought into compliance. 9:43:43 Zimmermann, the Board voted unanimously (4-0) to find the violation and grant an extension of thirty days, until December 23, 2016, for compliance or a $100 per It is noted for the record that Respondent was not present for this hearing. 9:44:13 Case #2016090106 Said S. Moobark Inspector Vanessa Carter Solomon entered four photos into evidence and testified that this case initially came before the Board on October 24, 2016 for a debris violation. There has been no progress and she recommended that a $100 per day fine be imposed with a start date of November 26, 2016. 9:45:53 Boehning, the Board voted unanimously (4-0) to find the violation and impose a $100 per day fine beginning November 26, 2016. It is noted for the record that Respondent was not present for this hearing. 9:46:13 Case #2016060187 Indian River Beach Properties LLC Inspector Vanessa Carter Solomon entered three photos into evidence and testified that this case initially came before the Board on August 22, 2016 for property maintenance and debris violations. There has been very little progress and she recommended that a $100 per day fine be imposed with a start date of November 26, 2016. CEB- Approved 11 November 28, 2016
9:47:33 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Boehning, the Board voted unanimously (4-0) to find the violation and impose a $100 per day fine beginning November 26, 2016. It is noted for the record that Respondent was not present for this hearing. 9:48:14 Authorization for Notices to Appear Other Matters Zimmermann, the Board voted unanimously (4-0) to authorize the Notices to Appear for cases leading up to the January 23, 2017 meeting. There were none. Adjournment There being no further business, the meeting was adjourned at 4:11 p.m. CEB- Approved 12 November 28, 2016