April 1, 2009

This material was filed under
[ Code Enforcement Board - Meeting Minutes ]
April 1, 2009

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
April 1, 2009 Town Hall 6:00 p.m.
MINUTES NO. 09-04

PRESENT ABSENT
Orlando Brillante, Vice Chairperson Ronald David Frye, Chairperson
Ronald Campbell, Member Todd Harrison, Member
Henry Adams, 1st Alternate Betty Preece, Member
Suzanne N. Crockett, Prosecuting Attorney Donna Braunlich, 2nd Alternate
Paul Gougelman, Town Attorney
Clifford Stokes, Code Enforcement Officer & Building Official
Jennifer Fortin, Acting Secretary

1. CALL TO ORDER 6:00 P.M.
Vice Chairperson Brillante called the meeting to order at 6:00 p.m.

2. ROLL CALL
The secretary called the role.

3. APPROVAL OF MINUTES
Minutes 09-03, March 4, 2009
Mr. Campbell moved to approve the minutes of March 4, 2009. Mr. Adams seconded.
Motion carried unanimously.

4. OPENING STATEMENT
Vice Chairman Brillante read the opening statement.

5. VIOLATION HEARINGS

A. C.E.B. Case Number 07-006 Wayne R. Dension
441 Second Avenue
Indialantic, Florida 32903
441 Second Avenue, Indialantic, Florida 32903
Town Code Section 17-103 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
April 1, 2009 Respondent was not in compliance with Town Code Section 17-103.

Attorney Crockett entered into the record as Town Exhibit the following document:
Exhibit A – Findings of Fact, Conclusions of Law and Order dated April 4, 2007 finding Respondent in violation Section 17-103 of the Town Code of Indialantic.

Attorney Gougelman swore in Mr. Christopher W. Chinault, Town Manager of the Town of Indialantic. Attorney Crockett elicited testimony from Mr. Chinault.

Mr. Adams moved to find that in Case No. CEB 07-006 Respondent be found guilty in violation of Town Code Section 17-103 and that the Respondent be given 6 days to comply or face a fine of $25.00 per day for each day the violation continues. Mr. Campbell seconded. Motion carried unanimously.

B. C.E.B. Case Number 09-014 David W. Fraley & Christine D. Witte
303 Deland Avenue
Indialantic, Florida 32903
303 Deland Avenue, Indialantic, Florida 32903
Town Code Section 17-103 Parking, storage, and use of certain vehicles
Town Code Section 5.5-71 Fences and walls
Town Code Section 13-9 Building numbering

Attorney Crockett advised that Case Number 09-014 has complied and that no evidence or testimony would be presented.

C. C.E.B. Case Number 09-018 Clifford L. & Christine T. Cook
555 Newport Drive
Indialantic, Florida 32903
401 North Riverside Place, Indialantic, Florida 32903
Town Code Section 5.5-68 (b)(d) Landscaping

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
April 1, 2009 Respondent was in compliance with Section 5.5-68(b). However, as of April 1, 2009, Respondent was not in compliance with Section 5.5-68(d).

Attorney Crockett entered into the record as Town Exhibits the following documents:
Exhibit A – Notice of Code Enforcement Violation letter dated December 3, 2008 sent certified mail return receipt, five (5) photographs dated December 2, 2008 and certified return receipt delivered December 15, 2008.
Exhibit B – Two (2) photographs dated January 28, 2009.
Exhibit C – Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail return receipt dated February 23, 2009 and received February 24, 2009.
Exhibit D – Two (2) page e-mail dated February 27, 2009 and March 4, 2009.
Exhibit E – One (2) photograph dated March 4, 2009.
Exhibit F – Notice of Hearing, Statement of Violation and Request for Hearing sent certified mail return receipt dated March 5, 2009 and receipt delivered March 6, 2009.
Exhibit G – One (1) page e-mail dated March 13, 2009.
Exhibit H – Two (2) photographs dated April 1, 2009.

Attorney Gougelman swore in Mr. Clifford Cook, 401 North River, Indialantic, FL and Attorney Crockett elicited testimony from Mr. Cook. Mr. Cook presented into evidence on one (1) page, 8 different pictures of the tree.

Mr. Campbell moved to find that in Case No. CEB 09-018 Respondents be found guilty in violation of Town Code Section 5.5-68(d) and that the Respondents be given 30 days to comply or face a fine of $25.00 per day for each day the violation continues.
Mr. Adams seconded. Motion carried unanimously.

D. C.E.B. Case Number 09-022 Flex Fitness of Florida, Inc., William S. Davis
and/or James J. Page
834 North Miramar Avenue
Indialantic, Florida 32903
-and-
James J. Page
2756 Locksley Road
Melbourne, Florida 32935
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 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
April 1, 2009 Respondent was not in compliance with Sections 9-6 and 9-7.

Attorney Gougelman stated for the record that Respondent was not in the audience.

Mr. Brillante moved to find that in Case No. CEB 09-022 Respondent be found guilty in violation of Town Code Section 9-6 and 9-7 and that the Respondent be given 5 days to comply or face a fine of $50.00 per day for each day the violation continues. Mr. Adams seconded. Motion carried unanimously.

E. C.E.B. Case Number 09-023 Marcus W. Fertig, Fertig’s Sharper Cuts
440 Eighth Avenue
Indialantic, Florida 32903
440 Eighth 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 09-023 has complied and that no evidence or testimony would be presented.

F. C.E.B. Case Number 09-024 Bettina Snyder, Joe the Barber
402 Fifth Avenue
Indialantic, Florida 32903
402 Fifth 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 09-024 has complied and that no evidence or testimony would be presented.

G. C.E.B. Case Number 09-025 Elizabeth Hancock, D.O., The Center for Family
Medicine & Wellness
241 Sixth Avenue
Indialantic, Florida 32903
241 Sixth 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 09-025 has complied and that no evidence or testimony would be presented.

6. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

None.

7. UNFINISHED BUSINESS

None.

8. OTHER

None.

9. NEW BUSINESS

None.

10. ADJOURNMENT

The next meeting is May 6, 2009 at 6:00 p.m.
Meeting was adjourned at 6:55 p.m.

______________________________ __________________________
Orlando Brillante, Vice Chairperson Jennifer Fortin, Acting Secretary