August 4, 2010

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[ Code Enforcement Board - Meeting Minutes ]
August 4, 2010

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
August 4, 2010 Town Hall 6:00 p.m.
MINUTES NO. 10-04

PRESENT
Ronald David Frye, Chairperson
Orlando Brillante, Vice Chairperson
Henry Adams, Member
Ronald Campbell, Member
Tony Laginess, Member
Joseph G. Colombo, Sr., Prosecuting Attorney
Paul Gougelman, Town Attorney
Clifford Stokes, Code Enforcement Officer & Building Official
Jennifer M. Fortin, Secretary

ABSENT
Todd Harrison, Member

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

Chairperson Frye called the meeting to order at 6:00 p.m.

2. ROLL CALL

The secretary called the role.

3. APPROVAL OF MINUTES

Minutes 10-03, March 3, 2010
Mr. Campbell moved to approve the minutes of March 3, 2010. Mr. Adams seconded. Motion carried unanimously.

4. OPENING STATEMENT

Chairperson Frye read the opening statement.

5. VIOLATION HEARINGS

A. C.E.B. Case Number 10-017 Joe the Barber, 402 Fifth Avenue, Indialantic, Florida 32903
And
Malabar Properties, LLC, 17517 Canal Shores Drive
Odessa, Florida 33556

Town Code Section 9-6 Delinquency Penalty
Town Code Section 9-7 Penalty for doing business without a business tax receipt

Attorney Gougelman swore in Mr. Stokes and Attorney Colombo qualified him as an expert in code enforcement and building inspection.

Mr. Stokes testified that a notice of violation was hand delivered to Tina Snyder, owner of Joe the Barber, on April 6, 2010.

Town’s Exhibit “A” entered in as evidence – (Notice of Violation, Affidavit of Service and Notice of Hearing)

Town’s Exhibit “B” entered in as evidence – (Request for Hearing, Affidavit of Service and certified return receipt from USPS track and confirm)

Mr. Brillante moved to find Tina Snyder, owner of Joe the Barber, in violation of Town Code Sections 9-6 Delinquency Penalty and 9-7 Penalty for doing business without a business tax receipt and give Ms. Snyder fifteen (15) calendar days to come into compliance by paying the fee of $62.50 or face a fine of $250.00 per day in addition to the $62.50. Mr. Campbell seconded. Motion carried unanimously.

B. C.E.B. Case Number 10-019 William H. & Janice A. Sargent Nutt, 201 Tampa Avenue,
Indialantic, Florida 32903

Town Code of Ordinance 13-2 Damaging, removing materials from (street, ROW or sidewalk)
Town Code of Ordinance 13-7 Encroachments preventing traffic

Attorney Gougelman advised Mr. Stokes that he was still under oath.

Town’s Exhibit “A” entered in as evidence – Mr. Stokes presented pictures taken by Town Manager Christopher Chinault on July 14, 2010 of 201 Tampa Avenue.

Town’s Exhibit “B” entered in as evidence – Mr. Stokes presented pictures taken by Town Manager Christopher Chinault on July 15, 2010 of 201 Tampa Avenue.

Town’s Exhibit “C” entered in as evidence – (Request for Hearing, USPS certified return receipt track and confirm and Notice of Violation)

Town’s Exhibit “D” entered in as evidence – Notice of Hearing, Request for Hearing and USPS certified return receipt track and confirm)

Attorney Gougelman swore in Mr. Ron Cassedy, Public Works Director, and Attorney Colombo qualified him as an expert in Public Works. The Board agreed.

Town Exhibit “E” entered in as evidence – Mr. Cassedy presented pictures taken by Town Manager Christopher Chinault on July 27, 2010 of 201 Tampa Avenue, showing mulch being swept downhill toward the Indian River Lagoon as a result of early morning rain.

Mr. Cassedy noted he spoke with Mr. Nutt in regard to the plantings and mulch in the right of way. Mr. Cassedy stated that violation of section 13-7 has been complied with but that violation of section 13-2 is still an issue. Mr. Cassedy would like the mulch removed and replaced with sod fifteen (15) feet from the edge of the pavement on Tampa Avenue

The Board agreed to remove Town Code Section 13-7 – Encroachments preventing traffic being that the violation is in compliance.
Mr. Cassedy testified that on May 25, 2010 at approximately 10:00 AM he hand delivered the ordinance to Mr. Nutt and gave him 30 days to replace the mulch with sod back to the tree line.

Attorney Gougelman swore in Mr. William Nutt.

Mr. Nutt presented Respondent’s Exhibit “A” – (site plan and suggested plants)

Mr. Nutt presented Respondent’s Exhibit “B” consisting of 21 pictures of different properties in Indialantic where there might be violations similar to his.

Mr. Cassedy noted, that the requested plants do not help retain water on the site. Mr. Cassedy is willing to allow Mr. Nutt to replace the first eight (8) feet from the pavement with sod and the remaining twelve (12) feet with plants. Mr. Cassedy is willing to work with Mr. Nutt to solve this violation.

Chairperson Frye moved to have table this until the next scheduled meeting and requested that Mr. Nutt present Mr. Cassedy with a landscape plan. Mr. Adams seconded. Motion carried unanimously.

6. OTHER

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

A. C.E.B Case Number 09-030 Ocean Crest Condominium Association, Inc., 50 Eleventh
Avenue, Indialantic, Florida 32903, Attn: David L. Bryant
Wendy E. Murray, Susan Webster, Michael M. Wallis

Town Code Section 7-61 Wet standpipe and hose systems required
Town Code Section 7-62 Fire Alarm systems required

Attorney Gougelman swore in Chief Jon Macdonald and Attorney Colombo qualified him as an expert on Fire Inspection and Fire Codes.

Chief Macdonald noted the fire alarm system is in compliance and requested that the Board rescind the orders for the association pertaining to the wet standpipe and hose system. Chief Macdonald noted unless there is extensive structural damage done to more than 50% of the building as per state code then the building is fine the way it is. Chief Macdonald also noted this would create an undue financial hardship as well as extensive structural remodeling.

Chairperson Frye moved to approve to strike the wet standpipe and hose system requirement from the orders previously submitted from Attorney Colombo. Mr. Adams seconded. Motion carried unanimously.

B. C.E.B. Case Number 10-006 Spectrum Surf Shop of Brevard, Inc., 130 Fifth Avenue,
Indialantic, Florida 32903, Attn: Craig Bobbitt
Violation One:
Town Code Section 17-129(4) Site Plan Approval

Mr. Stokes noted Mr. Bobbitt is in compliance.

8. REPORT OF NON_COMPLIANCE WITH PREVIOUS ORDERS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

11. ADJOURNMENT

Mr. Campbell moved to adjourn at 7:05 PM. Mr. Adams seconded. Motion carried unanimously

______________________________ __________________________
Ronald David Frye, Chairperson Jennifer M. Fortin, Secretary