MINUTES NO. 08-02

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[ Code Enforcement Board - Meeting Minutes ]
MINUTES NO. 08-02

PRESENT Todd Harrison, Chairman ABSENT Ronald Campbell, Member

Orlando Brillante, Member

Ronald David Frye, Member

Betty Preece, Member

Henry Adams, 1st Alternate

Keith Whitehead, 2nd 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 Keith Whitehead, 2nd Alternate.

4. APPROVAL OF MINUTES – October 3, 2007

Mr. Adams moved to accept the minutes. Mr. Brillante seconded. Motion carried unanimously.

5. OPENING STATEMENT

Chairman Harrison read the opening statement.

6. VIOLATION HEARINGS

A. CEB Case Number 08-006 Dominick Villano

1010 Wavecrest Avenue

Indialantic, Florida 32903

1010 Wavecrest Avenue, Indialantic, Florida 32903

Town Code Section 17-91 (1)(c)

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 October 4, 2007 and November 5, 2007.

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

Exhibit A – Five (5) photographs taken October 4, 2007

Exhibit B – Notice of Code Enforcement Violation dated October 4, 2007 sent certified mail return receipt.

Exhibit C – Code Enforcement Department, Notice of Code Violation letter received certified mail, return receipt dated October 16, 2007.

Exhibit D – One (1) photograph taken November 5, 2007.

Exhibit E – (4 pages) November 20, 2007 – Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail, return receipt and return receipt dated November 27, 2007.

Attorney Gougelman sworn in Mr. Dominick Villano and Attorney Crockett elicited testimony from Mr. Villano.

Mr. Brillante moved to find that in Case No. CEB Case Number 08-006 Respondent Dominick Villano be found guilty in violation of Town Code Section 17-91 (1)(c) and that the Respondent be given 30 days to comply or face a fine of $125.00 per day for each day the violation continues. Ms. Preece seconded. Motion carried unanimously.

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

None.

8. UNFINISHED BUSINESS:

A. 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 Crockett advised the Board that Respondent brought the property into compliance with the Town Code on September 7, 2007, before the date of re-inspection so that the Statement of Violation and Request for Hearing dated September 13, 2007 was issued in error. Therefore case CEB 08-005 is hereby dismissed and Attorney Crocket will issue a Findings of Fact, Conclusion of Law and Order.

9. OTHER

A. Election of meeting time

For the record, Chairman Harrison requested that in Mr. Campbell’s absence his vote of “nay” for the change in meeting time be reflected in the Minutes. Ms. Preece moved to change the meeting time from 7:00 p.m. to 6:00 p.m. Mr. Adams seconded. Motion carried.

10. NEW BUSINESS

A. Election of Chairman

Mr. Brillante moved to nominate Mr. Harrison as Chairman. Ms. Preece seconded. Motion carried unanimously.

B. Election of Vice Chairman

Mr. Brillante moved to nominate Ms. Preece as Vice Chairperson. Mr. Harrison seconded. Motion carried unanimously.

C. Adoption of Rules of Procedure

Mr. Adams moved to adopt the Rules of Procedure as amended as follows:

“V. Meetings A. Regular Meetings: Regular meetings shall be held as needed. Regular meetings shall be held on the first Wednesday of each month at 7:00 p.m. 6:00 p.m. in Town Council Chambers, Town Hall, 216 Fifth Avenue, Indialantic, Florida, or such other place as the Board may determine in advance.”

Words stricken through are deletions from existing text.

Ms. Preece seconded. Motion carried unanimously.

11. ADJOURNMENT

Meeting adjourned at 6:40 p.m.

______________________________

Todd Harrison, Chairman

Julie Anne Holmgren, Secretary