TOWN OF
MINUTES
TOWN COMMISSION - SPECIAL MEETING
Community Center - Immediately following the Attorney
-Client Executive Session
The Town Commission of the Town of Melbourne
********
Present were Mayor
Mayor Stacey led the entire assembly in the invocation
and in the Pledge of Allegiance to the Flag.
********
Site Plan review for new
construction of a single family home
located at
Motion by Vice Mayor Wilson to approve the site plan for
Commissioner Guglietta stated Mr. Stewart began work without
a permit, and without
Mayor Stacey questioned the ability to impose a fine. Attorney Sack responded the only provision for a fine will be a criminal penalty, and it is questionable if the State Attorney would prosecute the offense. The procedure for Code Enforcement would be when a person begins building without a permit and the Code Enforcement Officer catches it, he issues a citation giving a specified amount of time to come into compliance before a fine can be levied. The person who receives the notice comes to Town Hall makes an application, the plans are reviewed and a permit is issued thereby coming into compliance. There is no fine. This is set by Resolution. There is nothing in that Resolution that would provide for an additional fee. He continued that if the Commission wanted they could create a new Resolution that included additional fees for penalties for this type of circumstance.
Mayor Stacey inquired as to what will happen if these plans do not get approved by the Commission. Mr. Sack responded saying it would be up to Mr. Stewart. He has satisfied all the requirements to approve plan. If commission does not approve he can take legal action.
Commissioner Walters stated Mr. Steward has been building
homes in Town for 20 years and he knows the codes. He wanted to know why he would start building
without a permit. Mr. Stewart responded
the last time he pulled a permit he did not have to go before
Commissioner Price stated the Town has been in a state of administrative turmoil and he accepts Mr. Stewart's explanation as to what took place and why he began building without a permit. Commissioner Price felt that until the Town is stabilized and put in order, it was not the fault of the builder. The Town Manager verified what Mr. Stewart said. Commissioner Guglietta felt the codes need to be enforced and he will not vote for approval.
Commissioner Walters responded saying when Mr. Stewart built before the Town did not have the same rules in place. When he came to pick up his permit, he did not know things had changed.
Vice Mayor Wilson stated there had been a systematic process to getting a building permit that has been sitting in a drawer for 18 months. He said it should be posted. He said he has not seen it since it was originally created. He felt that if the instructions were posted and handed out at the time of application it will eliminate the problems.
Commissioner Walters called the question and the motion carried with Commissioner Guglietta voting no.
Vice Mayor Wilson asked the Town Manager to direct the Deputy Town Clerk to post the instructions regarding the process of getting a building permit in the lobby.
Motion by Commissioner Walters to adjourn. Second by Commissioner Guglietta. The motion carried unanimously.