MINUTES NO. 09-01

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[ Code Enforcement Board - Meeting Minutes ]
MINUTES NO. 09-01

PRESENT Todd Harrison, Chairman ABSENT Keith Whitehead, 2nd Alternate
Ronald Campbell, Member Orlando Brillante, 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
Attorney Gougelman called the role.
3. APPROVAL OF MINUTES 08-03 – March 5, 2008
Ms. Preece moved to approve the minutes of March 5, 2008. Mr. Campbell seconded.
Chairman Harrison requested that the secretary recheck the recording of the last minutes to verify the voting on CEB Case Number 08-008 James J. Page and CEB Case Number 08-009 Gary Parish.
Ms. Preece moved to amend the motion to postpone approving the Minutes of 08-03 until the next meeting. Mr. Campbell seconded. Motion carried unanimously.
4. OPENING STATEMENT
Chairman Harrison read the opening statement.
5. VIOLATION HEARINGS
A. CEB Case Number 09-001 Kim Meriedeth
425 Palmetto Place
Indialantic, Florida 32903
425 Palmetto Place, Indialantic, Florida 32903
Town Code Section 5.5-68 Landscaping
Attorney Crockett requested a postponement on CEB Case Number 09-001 until the next meeting. A review of the Notice of Violation submitted indicated that the property owner was given until October 4, 2008 to bring her property into compliance. Attorney
Code Enforcement Board Meeting 2
Crockett advised that the property is currently in foreclosure and requested that the case be renoticed and placed on the next Agenda.
B. CEB Case Number 09-002 Diane & Brett Horsley
320 Second Avenue
Indialantic, Florida 32903
320 Second Avenue, Indialantic, Florida 32903
Town Code Section 15-32 What constitutes abandonment
Town Code Section 15-33 What constitutes junk
Town Code Section 15-34 Parking, storage on private property
Town Code Section 15-35 Parking, storage on public property
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 as of
July 18, 2008, Respondents were not in compliance.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter dated July 18, 2008, TagTalk System Motor Vehicle Information sent certified mail return receipt to the property owner, vehicle owner and lien holder.
Exhibit B – One (1) photograph taken September 18, 2008.
Exhibit C – One (1) photograph taken October 1, 2008.
Exhibit D – Notice of Hearing, Statement of Violation and Request for Hearing dated September 19, 2008.
Attorney Crockett advised the board to eliminate reference to Town Code Section 15-35.
Mr. Campbell moved to find that in Case No. CEB 09-002 Respondents Diane and Brett Horsley be found guilty in violation of Town Code Section 15-32, 15-33 and 15-34 and that the Respondents be given 15 days to comply or face a fine of $125.00 per day for each day the violation continues. Ms. Preece seconded.
After discussion Ms. Preece moved to amend the motion to find that in Case No. CEB 09-002 Respondents Diane and Brett Horsley be found guilty in violation of Town Code Section 15-32, 15-33 and 15-34 and that the Respondents be given 5 days to comply or face a fine of $250.00 per day for each day the violation continues. Mr. Adams seconded.
After further discussion Ms. Preece moved to amend the amended motion to find that in Case No. CEB 09-002 Respondents Diane and Brett Horsley be found guilty in violation of Town Code Section 15-32, 15-33 and 15-34 and that the Respondents be given 10 days to comply or face a fine of $250.00 per day for each day the violation continues. Mr. Frye seconded.
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Motion carried with the following roll call vote:
Todd Harrison, Chairman No
Ronald Campbell, Member No
Ronald David Frye, Member Aye
Betty Preece, Member Aye
Henry Adams, 1st Alternate Aye
C. CEB Case Number 09-003 Wells Fargo Bank NA Trustee
C/O New Century Mortgage
1610 Saint Andrew Place
Santa Ana, California 92705
222 First Avenue, Indialantic, Florida 32903
Town Code Section 5.5-68 Landscaping
Attorney Crockett advised that Case No. 09-003 had complied and that no evidence or testimony would be presented.
D. CEB Case Number 09-004 Karen Maltese
1110 South Magnolia Drive
Indialantic, Florida 32903
1110 South Magnolia Drive, Indialantic, Florida 32903
Town Code Section 17-103(b)(3)(a) Parking, storage, and use of certain vehicles
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 as of
January 25, 2008, Respondent was not in compliance.
Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter dated January 25, 2008 and one (1) photograph taken on January 10, 2008 sent certified mail return receipt to the property owner.
Exhibit B – Notice of Hearing, Statement of Violation and Request for Hearing dated July 23, 2008 with a hearing date of August 6, 2008. Mr. Stokes testified that the August 6, 2008 meeting was cancelled.
Exhibit C – One (1) photograph taken September 18, 2008 showing the property not in compliance.
Exhibit D – Notice of Hearing sent certified mail return receipt September 19, 2008 with a hearing date of October 1, 2008.
Exhibit E – One (1) photograph taken October 1, 2008 showing the property in compliance.
Attorney Gougelman stated for the record that there was no one in the audience.
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Mr. Adams moved to find that in Case No. CEB 09-004 Respondent Karen Maltese be found guilty in violation of Town Code Section 17-103(b)(3)(a) on September 18, 2008. Ms. Preece seconded.
Motion carried with the following roll call vote:
Todd Harrison, Chairman Aye
Ronald Campbell, Member No
Ronald David Frye, Member No
Betty Preece, Member Aye
Henry Adams, 1st Alternate Aye
6. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS
A. CEB Case Number 08-008 James J. Page
834 North Miramar Avenue
Indialantic, Florida 32903
Flex Fitness of Florida, 834 North Miramar Avenue, Indialantic, Florida 32903
Town Code Section 9-6 Delinquency penalty
Town Code Section 9-7 Penalty for doing business without business tax receipt
Attorney Crockett advised that Case Number 08-008 has complied and that no evidence or testimony would be presented.
B. CEB Case Number 08-009 Gary Parish
334 Fourth Avenue
Indialantic, Florida 32903
Complete Inspection Systems, Inc., 334 Fourth Avenue, Indialantic, Florida 32903
Town Code Section 9-7 Penalty for doing business without business tax receipt
Attorney Crockett advised that Case Number 08-009 has complied and that no evidence or testimony would be presented.
7. UNFINISHED BUSINESS
None
8. OTHER
Resignation letter from Keith Whitehead, Second Alternate
Chairman Harrison announced that Keith Whitehead resigned as the Second Alternate and asked members if they knew of anyone interested in applying for the Board to let the Town know.
Chairman Harrison requested an explanation of why the Board members do not receive copies of all the exhibits and other materials presented in each case. Attorney Crockett explained the procedures for presenting each case.
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Chairman Harrison and Mr. Frye requested that in the future each case file include copies of the Code pertaining to the case. Attorney Crockett advised that she would work with Town Staff.
9. NEW BUSINESS
None.
10. ADJOURNMENT
Next meeting is November 5, 2008 at 6:00 p.m.
Meeting adjourned at 7:05 p.m.
______________________________ __________________________
Todd Harrison, Chairman Julie Anne Holmgren, Secretary