part 4:
Tavern on the Island finally cited for code violations, bar owner to appear before city's Code Enforcement Board
Michael Vellucci's documented threat to "get even" with code board probably won't go down well; he's also due in criminal court, accused of pushing around and threatening to shoot his former girlfriend
-- John Patten, 03/25/08
-- jpatten@veniceflorida.com

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RELATED BACKGROUND:
Part 1: Look Hans, no permits
Part 2: Gay bar owner Mike Vellucci reportedly threatens city officials, city scrambles over itself not to give him a hard time
Part 3: Venice Florida! dot com to Marty Black: Suspend Behrens now, fuller investigation needed
 

TOTI cited
At least two code violations have been handed to Tavern on the Island, one for window and frame installation, another for the removal of a rear garage door and replacement with standard doors. Both of the modifications were done without the knowledge of the city's Building and Code Enforcement Department. Neither modification appears on any documents submitted to the city prior to the physical modifications, this according to the code enforcement department. The bar's owner, Michael Vellucci, is scheduled to appear before the city's Code Enforcement Board in April on the charges.

The bar is located on Tampa Avenue, adjacent to Mike Miller's three towers on the north end of Venice island.

Meanwhile, a closed-door meeting between city officials and bar owner Michael Vellucci took place on March 19. Vellucci met with Building Director Hans Behrens, City Engineer Nancy Woodley, and Fire Inspector Jack Stevenson. City officials are remaining tightlipped about the meeting, refusing to even acknowledge that the meeting took place.

In fact, trying to get any information about the current status of the city's internal investigation from official sources has become an exercise in futility. When asked for any updates or corrections to this web site's coverage so far, City Manager Marty Black responded by email with a half-sentence: "It is my policy to not take on the task of ensuring that everything that you or others write" [sic].

Black left the sentence and idea unfinished.

In a conversation on Monday, March 24, Black took pains to inform me that my statements would be referred to the city attorney. Unless I misunderstood the emphasis, I got the distinct impression that the city is now looking more for some way to discredit the coverage so far rather than investigating the allegations raised by this web site and subsequently documented by the city in its own internal documents.

Both Stevenson and Behrens had previously turned in written statements on the status of the permits for the tavern. Behrens' had written that no construction had taken place, but he tossed in the caveat that he hadn't been in the loop since November of last year, this in spite of updates to the contrary that had been provided to him by his staff. Stevenson's statement was a lengthy, convoluted, and somewhat circular explanation that seemed to defend his non-involvement by putting forth the argument that Florida statutes prevented him from enforcing Florida statutes.

In contrast, Dan Weigner, Behrens' second-in-command, issued a statement that construction had indeed taken place in violation of numerous permitting rules.

All of the above-mentioned documents have been published in full on this web site in recent weeks (see links, above).

Turns out TOTI is a store after all, not a bar, this according to city
The city is taking the official stance that Tavern on the Island has been awarded an occupancy status of "mercantile" rather than "assembly." The mercantile status would normally be applied to a store or a not very crowded restaurant, and has stricter limits on allowable occupancy numbers. After two requests, city and fire officials are refusing to say what occupancy numbers have been deemed acceptable for Tavern on the Island.

Prior documents issued by the city indicate that the bar had applied for an occupancy status of "assembly," which would allow for higher occupancy numbers and would normally require the installation of fire sprinklers. According to city documents, there are no sprinklers installed at the bar.

Vellucci up for code violations, battery charge
April will be a busy month for the bar's owner. In addition to charges pending before the code violation board, Vellucci is scheduled for a jury trial in a criminal battery case. This marks the third time since 2002 that Vellucci has had to fight battery charges in Florida courts.

In 2002, Vellucci was convicted of battery and resisting arrest, this from an incident in the parking lot of Norma Jean's, a restaurant/pub that was located where Tavern on the Island is now. Vellucci was accused and convicted of punching Kent Lackey in the face several times after Lackey left Norma Jean's. According to newspaper accounts, Vellucci tried to pull away from a Venice Police officer after being handcuffed.

In 2006, Vellucci was charged with aggravated battery. He was accused of grabbing Englewood resident Frank Agin by the throat and cutting Agin with a razor or box cutter, this in front of Agin's 7-year-old daughter. Sheriff's Deputy J. Marchegiani wrote in the initial affidavit that the victim did not want to press charges out of fear of reprisal. Although Agin had several fresh cuts on him, law enforcement officers could not locate a box cutter or razor at the scene. The State Attorney's Office later dropped the case, labeling it as abandoned, but with the caveat that Vellucci could still be prosecuted at a later date.

Next month, Vellucci is scheduled to appear before a circuit court judge, again on a criminal charge of battery. This charge stems from a domestic case involving child custody between Vellucci and former girlfriend, Deanna Galli. According to the affidavit, on July 29, 2007, Officer W. Fortuno of the North Port Police Department observed Vellucci pushing and shoving Galli while threatening, "I could hit you, I could shoot you." This happened when Galli showed up to pick up their child after a scheduled visitation with Vellucci. When the officer intervened, Vellucci is alleged to have yelled "I'll see you in court, loser," as Galli and the child walked away.

Of somewhat lesser magnitude, Vellucci is to appear before the city's code enforcement board in April on the issue of the un-permitted windows and doors, the first construction permit violations to be assessed against Vellucci since his remodeling work started sometime last year. Whatever well of goodwill Vellucci may have had is likely tainted by a police report from earlier this month in which Vellucci allegedly threatened Code Enforcement Office Pat Stuehler and anyone on the code enforcement board that would try to force him to conform to the city's codes. According to an affidavit filed by Stuehler with the Venice Police Department, Vellucci is alleged to have stated that he would "get even" with anyone who attempted to enforce the city's building codes.

Vellucci has a long history of code violations at the property going back to 2002.

It is still unclear why Building Department Director Hans Behrens had developed an apparent 'hands off' policy towards Vellucci during this last batch of building revisions. 

John Patten is the head of Web Operations for Creative Pages, and has worked in broadcasting for over 12 years. He can also be incredibly rude at times.