Partial Transcript Fayette Commissioners' Meeting (Jan. 29, 2000) Follow The Truth
CITIZEN Jamie Brebich:
"Sean, you said you'd help me take care of this. I haven't heard from you since then. Vince, I resent you calling my house and telling us the law is the law and we have to obey the law. The paperwork I've given you will show we took all proper steps and obeyed the law," Jamie Brebich said, near tears during the public comment at the second meeting of the new administration of commissioners Sean M. Cavanagh, Vincent A. Vicites, and Ron Nehls.
"This is very emotional for me. I want you to look at the papers that I've given you today. We're victims from your mistake. As of February 16th we're going to be fined $27,500, according to Mr. Sepesy. For your mistake. The way I look at this, the county is in the wrong, and you have to find out who did this mistake and cost them their jobs. It's a very costly mistake to the taxpayers of Fayette County. We have exhausted every penny we have in the moving and buying of the property and the modular and moving my my Mom and Dad, and attorney fees. We've had to touch my husband's retirement fund, which we should not have to deal with this, but no, everyday for the past two-and-a-half months we've dealt with this. Now you do something about it. I talked to Ron (Nehls) yesterday and he's done more for me in one day than most of you have done in two-and-a-half months. Then you say you want to move Fayette County forward. Well, why don't you do fix what is wrong today and take care of it right now and start today. I go in front of the Zoning Hearing Board on February the 16th, and I do know that whatever decision they make, you the commissioners, have the final say. You do realize that everyone here has nothing to lose and I have to lose everything again after the fire on September 2nd we've spent over $132,000 to make a home for us. Now my Mom cannot even go home. So don't make another mistake and put politics aside and do the right thing. And I'd like to know what's going to be done?"
COMMISSIONER SEAN CAVANAGH INTERRUPTS TO ASK WHO ISSUED THE PERMIT AND WHAT HAPPENED
Who issued the permit? And then they said what? That they issued the permit wrong that it was incorrectly issued?"
JAMIE CONTINUES:
"Pamela Hughes. Yes. But my closing was on October 21st and he," turning to the Director of OCED, Chris Sepesy, "made a comment to Channel 2 News saying that he gave us ample time."
COMMISSIONER SEAN CAVANAGH:
"First of all, we have been working on this, second of all, we do not control the Zoning Hearing Board. We appoint them, but they have to make their own decisions. This is embarrasing. Believe me, the ownership of a home is a dream of everybody. However, we should and Chris is taking measures for these types of things not to happen. But, the county issued you a permit, you thought everything was okay and then they said, who came to you and said they need to take the permit back?"
JAMIE BREBICH:
"I got a call on Election Day from Donald Palaisa saying Jamie, we made a mistake. But that was too late."
COMMISSIONER SEAN CAVANAGH:
"We're all working on it. I didn't issue the permit personally, he didn't and nor did commissioner Nehls, but if there is a mistake made, then we have to correct it. This is human error, a human mistake. Chris, another thing, this is another situation I think you may want to explain. Whose fault was it?"
DIRECTOR OCED, CHRIS SEPESY:
"That is what is under investigation at the moment. Commissioner, because there is a hearing on the 16th before the Zoning Hearing Board, and because this is an investigation that is going on, I would like to address the solicitor to see if we really should be airing some of this at this meeting. There are legalities involved."
COMMISSIONER SEAN CAVANAGH:
"This is one of another things that is being looked into. I don't know what somebody did, we heard rumors, but there is an investigation on this matter and if somebody did wrong again, as far as I'm concerned, they will pay stern consequences. It's under investigation and we have legal minds on it. Believe me, I know what it's like and unfortunately you had some bad luck there, but again, I would think that after this investigation we have to deal with the situation. I don't know what else to tell you. I do care. I am concerned. And I'm concerned about renegade activity in one of our offices. It's hurting the taxpayers. And believe me, this is hurting me because it's under our office of the county commissioners. I'm not going to tolerate this type of activity. After the meeting I'll talk with you some more ascertain some more information from you and we'll continue to work on it. If this thing is going to the Zoning Hearing Board, it is not in the commissioners' decision. But we should not issue permits."
COMMISSIONER VINCENT VICITES:
"As far as your mother. I thought we had a nice conversation. I was trying to be understanding of the problem. She had posed the question to me as the current zoning stands can we still let the permit go through and I said the law is the law because it is. Currently that zoning does not allow for trailers. But what I did mention to her was that I think that if you went through the proper channels maybe you can get a decision. I can't predict what the Zoning Hearing Board will do but that would be the way to do it legally, is to get a change or a special exception."
JAMIE BREBICH:
"That's what I went in there for. To get a variance and they said, no, the property is already zoned for R-2."
HOPE YOU ALL HAVE BEEN READING CAREFULLY. TEST ON FEB. 16. CAUSE IF IT WAS YOUR HOME, YOU'D BE THERE! REMEMBER, COMMISHES KNEW ABOUT SITUATION BEFORE THE CHRISTMAS SEASON.
COMMISSIONER VINCENT VICITES:
"I suggested that she go through the proper procedures to get the zoning for a special exception or to get the chance to have the trailer there. I didn't mean anything mean about that. I was trying to guide her about the proper way of doing that but I was concerned that the law is the law and what I was conveying to her was that I cannot break the law, but maybe if things are done properly you could legally be there. I cannot do that as an elected official, nor will I do that. This whole thing is unfortunate. It is under investigation how it was approved in the first place. The redrawing of the map and so forth, but that doesn't make it right what took place. And I would hope that in the final analysis I would hope that things work out for you because it is unfortunate what happened to you. I do feel for your situation. But I can't break the law as it currently is."
JAMIE BREBICH:
"Yeah. Tell me what are we supposed to do. File bankruptcy now? We don't want to do that."
COMMISSIONER SEAN CAVANAGH:
"I want you to know that, I didn't issue the permit. None of these individuals did. Again, we didn't issue this permit. Somebody in our office did. But it is under the commissioners' responsibility. Ultimately, we're charged with fixing the problem. I've said it many times. It's embarrasing how things are going up there... Mistakes do happen unfortunately. And I'm willing to talk with you more. But if I could wave a magic wand I would. I can't. I'm willing to help you and talk with you and see what we can do. And also you understand that we've got problems up there. We've got this comingled with an investigation and if we find the individuals who are giving out this type of information ... I'm sorry."
HOPE YOU'RE KEEPING UP ON YOUR TOES, PEOPLE.
JAMIE BREBICH:
"You should have all the information I've given you."
COMMISSIONER VINCENT VICITES:
"The permit should not have been issued in the first place. By looking at the right zoning."
COMMISSIONER SEAN CAVANAGH:
"He said the permit should not have been issued. Right, Chris?"
DIRECTOR OCED, CHRIS SEPESY:
"The permit should not have been issued."
COMMISSIONER RON NEHLS:
"I think what we're trying to say to you is there is a legalistic procedure here in your appeal which comes up on the 16th but in that period of time we want to deal with you in a humanistic way because that's as important in some intangible ways as the legalistic procedure. If you understand that that appeal could very well solve the problem on your side and let's all hope that it comes out in the proper way. In the meantime, I assure you, and I'm sure my other two colleagues do, that in a humanistic way, we'll do whatever we can to do whatever we can to assist you in that direction."
COMMISSIONER SEAN CAVANAGH:
"Let me say that if somebody in our office improperly gave you a permit, and you got your permit and you went on and hey it's time for me to build my dream house, or anything like that, that's our fault, if we did that. And ultimately we're going to have to deal with that situation. I'll tell you, from the bottom of my heart, I'm sorry for the situation you're in, and hopefully, I don't know, but hopefully the Zoning Hearing Board has the power and the ability to approve this. That might solve the whole situation. If that's not the case, if the Zoning Hearing Board doesn't do it, then I think it might be a costly venture for Fayette County. And these types of things happen."
WELL END OF THAT NOW FOR RUMOR WAS ADMITTED TO BE TRUE
A county map was admittedly altered to reflect a different zoning classification than actually existed for the Brebich property.
On Feb. 16, the case was continued and another hearing is scheduled to be heard Wednesday, May 24 at 9:30 a.m. in the Fayette Public Service (911 Emergency) Building, Uniontown
