MINUTES NO. 08-01

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[ Code Enforcement Board - Meeting Minutes ]
MINUTES NO. 08-01

PRESENT Todd Harrison, Chairman ABSENT Orlando Brillante, Member

Ronald Campbell, Member

Ronald David Frye, Member

Betty Preece, Member

Henry Adams, 1st Alternate

Suzanne Crockett, Prosecuting Attorney
Paul Gougelman, Town Attorney

Cliff Stokes, Code Enforcement Officer

Julie Anne Holmgren, Secretary

1. CALL TO ORDER 6:00 P.M.

Chairman Harrison called the meeting to order at 6:00 P.M.

2. ROLL CALL

The secretary called the role.

3. OATH OF OFFICE FOR NEW MEMBER

Attorney Gougelman administered the Oath of Office to Henry Adams, 1st Alternate.

4. APPROVAL OF MINUTES – August 8, 2007

Attorney Crockett motioned to amend item “6. B. CEB Case Number 07-016 Fifth Avenue Realty LLC”, this was a first violation and therefore the maximum penalty imposed should be $250 and remove Ms. Preece’s amended motion of $500 per day penalty.

Ms. Preece moved to accept the minutes as amended. Mr. Frye seconded. Motion carried unanimously.

Mr. Campbell moved to amend item “4. Approval of Minutes – July 11, 2007 to state:

Motion carried with the following roll call vote:

Todd Harrison – aye Orlando Brillante – Absent

Ron Campbell – no

Betty Preece – aye

Mr. Frye seconded. Motion carried unanimously to amend items 4 and 6.

5. OPENING STATEMENT

Chairman Harrison read the opening statement.

6. VIOLATION HEARINGS

A. CEB Case Number 08-001 David & Suzanne Cato

6475 US Highway 1

Grant, Florida 32949

100 Ninth Avenue, Indialantic, Florida 32903

Town Code Section 17-103 (b)(3)(a)

Parking, storage, and use of certain vehicles.

Attorney Crockett advised that Case No 08-001 had complied and that no evidence would be heard.

B. CEB Case Number 08-002 Michael J. & Vickie J. Gunn

Post Office Box 0334106

Indialantic, Florida 32903

115 South Miramar Avenue, Indialantic, Florida 32903

Town Code Section 17-106.2 (2)(a)

Prohibited signs.

Attorney Crockett advised that Case No 08-002 had complied and that no evidence would be heard.

C. CEB Case Number 08-003 Michael J. & Vickie J. Gunn

Post Office Box 0334106

Indialantic, Florida 32903

113 South Miramar Avenue, Indialantic, Florida 32903

Town Code Section 17-106.2

Prohibited signs.

Attorney Gougelman swore in Mr. Stokes and Attorney Crockett qualified him as an expert in Code Enforcement.

Attorney Crockett elicited testimony from Mr. Stokes. Mr. Stokes testified that he inspected the property on July 27, 2007. Mr. Stokes re-inspected the property on September 13, 2007 and established that violation to Town Code Section 17-106.2 existed on September 13, 2007.

Attorney Crockett entered into the record as Town Exhibits the following documents:

Exhibit A – One (1) photograph taken July 27, 2007.

Exhibit B – One (2) photograph taken July 27, 2007.

Exhibit C (3 pages) – Code Enforcement Department, Notice of Code Violation letter received certified mail, return receipt dated August 2, 2007.

Exhibit D – (3 pages) – Three (3) photographs taken September 13, 2007.

Exhibit E – (5 pages) September 13, 2007 – Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail, return receipt.

Attorney Gougelman sworn in Mr. Thomas Tomas and Attorney Crockett elicited testimony from Mr. Tomas.

Ms. Preece moved to find that in Case No. CEB Case Number 08-003 Respondents Michael J. & Vickie J. Gunn be found guilty in violation of Code Section 17-106.2 as of September 13, 2007 and that it should be noted that the Respondents are currently in compliance and therefore no fine is being asked for at this time for that violation. However, in the future if the violation does occur, a fine of $100 per day be assessed and that it be treated as a repeat violation and that fine be assessed for each day the violation continues. Mr. Adams seconded. Motion carried unanimously.

D. CEB Case Number 08-004Michael & Anne Fears

321 Melbourne Avenue

Indialantic, Florida 32903

321 Melbourne Avenue, Indialantic, Florida 32903

Town Code Section 17-106.2 (2)(a)

Prohibited signs.

Attorney Crockett advised that Case No 08-004 had complied and that no evidence would be heard.

E. CEB Case Number 08-005 5th Ave Galaxy Grille

147 Fifth Avenue

Indialantic, Florida 32903

147 Fifth Avenue, Indialantic, Florida 32903

Town Code Section 8-5

Duty to use contract collector; fees.

Attorney Gougelman swore in Mr. Stokes and Attorney Crockett qualified him as an expert in Code Enforcement.

Attorney Crockett elicited testimony from Mr. Stokes. Mr. Stokes testified that he

inspected the property on September 13, 2007 and established that violation to Town Code Section 8-5 existed on September 13, 2007.

Attorney Crockett entered into the record as Town Exhibits the following documents:

Exhibit A (6 pages) – Code Enforcement Department, Notice of Code Violation letter received certified mail, return receipt dated August 17, 2007 and Cancellation Order from Waste Management effective August 15, 2007.

Exhibit B – E-mail from Lisa Asselin of Waste Management dated September 14, 2007.

Exhibit C – (2 pages) – Two (2) photographs taken September 13, 2007.

Exhibit D – (3 pages) September 13, 2007 – Notice of Hearing, Statement of Violation and Request for Hearing.

Exhibit E – Affidavit of Service dated September 13, 2007.

Exhibit F – E-mail from Lisa Asselin of Waste Management dated October 1, 2007.

Attorney Gougelman reminded Mr. Thomas Tomas that he has been sworn in and Attorney Crockett elicited testimony from Mr. Tomas.

Attorney Gougelman sworn in Ms. Jamie Briggs and Attorney Crockett elicited testimony from Ms. Briggs.

Ms. Preece moved to find that in Case No. CEB Case Number 08-005 Respondent be found guilty in violation of Code Section 8-5 as of September 13, 2007 and that it should be noted that the Respondent is currently in compliance and therefore no fine is being asked for at this time for that violation. However, in the future if the violation does occur, a fine of $150 per day be assessed and that it be treated as a repeat violation and that fine be assessed for each day the violation continues. Mr. Adams seconded. Motion carried unanimously.

After further discussion, Chairman Harrison motioned to amend the motion stating that if a repeat violation occurs that a fine of $250 per day for each day the violation exists be imposed. Ms. Preece seconded the amended motion. Motion carried unanimously.

Mr. Tomas stated that he wished to appeal the motion. Attorney Crockett advised Mr. Tomas of his options regarding the appeal process: First, a request to Town Hall for a rehearing within 10 days of the date of the Order or appeal to a Circuit Court to be filed within 30 days of the date of the Order.

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

None.

8. UNFINISHED BUSINESS:

Discussion of future meeting time (moved from “New Business”): Tabled to next meeting. Chairman Harrison set the next meeting time for 6:00 p.m.

9. OTHER

Attorney Crockett reminded the Board that she is reworking the wording of the statements and when completed will provide the Board with colored copies.

Board Members were given a copy of the Rules of Procedure for the Code Enforcement Board and Chairman Harrison requested that the Board review them before the next meeting so that they may be adopted or readopted.

10. NEW BUSINESS

11. ADJOURNMENT

Meeting adjourned at 7:35 p.m.

______________________________

Todd Harrison, Chairman

Julie Anne Holmgren, Secretary