July 1, 2009

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

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
July 1, 2009 Town Hall 6:00 p.m.
MINUTES NO. 09-05

PRESENT
Ronald David Frye, Chairperson
Orlando Brillante, Vice Chairperson
Ronald Campbell, Member
Henry Adams, Member
Todd Harrison, Member
Joseph G. Colombo, Sr., Prosecuting Attorney
Paul Gougelman, Town Attorney
Clifford Stokes, Code Enforcement Officer & Building Official
Julie Anne Holmgren, Secretary

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. OATH OF OFFICE FOR NEW PROSECUTING ATTORNEY
Attorney Gougelman administered the Oath of Office to Attorney Joseph G. Colombo, Sr.

4. APPROVAL OF MINUTES
Minutes 09-04, April 1, 2009
Mr. Adams moved to approve the minutes of April 1, 2009. Mr. Harrison seconded.
Motion carried unanimously.

5. OPENING STATEMENT
Chairperson Frye read the opening statement.

6. VIOLATION HEARINGS
A. C.E.B. Case Number 09-027 – James E. Soderlund, Jr.
Post Office Box 33426
Indialantic, Florida 32903
419 Oakland Avenue, Indialantic, Florida 32903
Town Code Section 5.5-67 Building exteriors

Attorney Colombo stated for the record that Respondent was not in the audience and
requested a postponement on CEB Case Number 09-027. Attorney Colombo advised the Board that the Respondent informed him that he would come into compliance within 20 days. If this matter is not resolved within 20 days, Attorney Colombo requested that the Respondent be re-noticed.

B. C.E.B. Case Number 09-026 – Timothy Deratany
503 Fifth Avenue, Suite 105
Indialantic, Florida 32903
Duque Cigar Company, 405 Fifth Avenue, Indialantic, Florida 32903
Town Code Section 17-106 Signage
Town Code Section 13-3 Special Event approval

Attorney Colombo advised that Case Number 09-026 has complied and that no evidence or testimony would be presented.

7. REPORT OF NON-COMPLIANCE WITH PREVIOUS ORDERS
A. C.E.B. 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 Colombo qualified him as an expert in Code Enforcement. For the record, the Board recognizes Mr. Stokes as an expert in Code Enforcement.

Attorney Colombo elicited testimony from Mr. Stokes. Mr. Stokes testified that on
May 26, 2009 and May 27, 2009 Respondent was not in compliance with Town Code Section 17-103(b)(3)(a). Mr. Stokes also testified that as of today, July 1, 2009, Respondent is in compliance.

Attorney Colombo entered into the record as Town Exhibits the following documents:
Exhibit A – Two (2) photographs dated May 27, 2009 and May 26, 2009.
Exhibit B– Certified return receipt dated January 8, 2009 and received January 12, 2009.
Exhibit C – Statement of Violation and Request for Hearing sent certified mail return receipt dated June 11, 2009.
Exhibit D – Affidavit of Service served June 22, 2009.

Attorney Gougelman swore in Ms. Karen Maltese. Attorney Colombo elicited testimony from Ms. Maltese.

Mr. Adams moved to find that in Case No. CEB 09-004 Respondent be found guilty in violation of Town Code Section 17-103(b)(3)(a) on May 26, 2009 and May 27, 2009, and further this motion is presented as a repeat violation whereby a reoccurrence of this violation, and upon presentation of an affidavit of the code enforcement officer to the Code Enforcement Board, the penalty of $50 per day per violation be imposed without the necessity of further presentation to this Board. The code enforcement officer must notify the violator of the potential imposition of an additional continuing violation penalty and the violator shall have the right to protest the procedure at the next regularly scheduled session after said notice. Motion failed for lack of a second.

After further discussion, Mr. Adams moved to find that in Case No. CEB 09-004 Respondent be found guilty in violation of Town Code Section 17-103(b)(3)(a) on
May 26, 2009 and May 27, 2009, and further this motion is presented as a repeat violation whereby a reoccurrence of this violation, and upon presentation of an affidavit of the code enforcement officer to the Code Enforcement Board, the penalty of $20 per day per violation be imposed without the necessity of further presentation to this Board. The code enforcement officer must notify the violator of the potential imposition of an additional continuing violation penalty and the violator shall have the right to protest the procedure at the next regularly scheduled session after said notice.
Mr. Harrison seconded. Motion carried unanimously.

B. C.E.B. Case Number 09-021 – Indialantic One Condominium Homeowners Association
Attn: James Mayes
601 North Miramar Avenue, Unit 302
Indialantic, Florida 32903
Indialantic One Condominium, 601 North Miramar Avenue, Indialantic, Florida 32903
Town Code Section Numerous Fire Department issues

Attorney Gougelman swore in Fire Chief Jon Macdonald and Attorney Colombo qualified him as an expert in Fire Code and Fire Code Enforcement. For the record, the Board recognizes Fire Chief Macdonald as an expert in Fire Code and Fire Code Enforcement.

Attorney Colombo elicited testimony from Fire Chief Macdonald. Fire Chief Macdonald testified that from April 11, 2009 to June 30, 2009 Respondent was not in compliance with regard to NFPA Life Safety Code 101 as adopted in Indialantic Town Code 7-60(b) and NFPA 25 Chapter 5 Section 5.1 Table 5.1, NFPA 25 Chapter 6 Section 6.1, Table 6.1 and NFPA 101 Section 5.8.1.1, 5.8.1.2 and 5.8.1.3. However, as of today, July 1, 2009 Respondent is in compliance.

Attorney Gougelman swore in Mr. Stokes and Attorney Colombo qualified him as an expert in Code Enforcement. For the record, the Board recognizes Mr. Stokes as an expert in Code Enforcement.

Attorney Colombo elicited testimony from Mr. Stokes. Mr. Stokes testified that prior to July 1, 2009 Respondent was not in compliance.

Attorney Colombo entered into the record as Town Exhibits the following documents:
Exhibit A – NFPA 25 Chapter 5 Section 5.1 Table 5.1, NFPA 25 Chapter 6 Section 6.1, Table 6.1 and NFPA 101 Section 5.8.1.1, 5.8.1.2 and 5.8.1.3.
Exhibit B – Affidavit of Service served on March 27, 2009.
Exhibit C – Code Enforcement Board Fine Notice dated June 10, 2009
Exhibit D – Six (6) photographs dated June 10, 2009
Exhibit E – Proposal from Universal Fire Protection
Exhibit F – E-mail from Universal Fire Protection to Chief Jon Macdonald
Exhibit G – Notice of Hearing, Statement of Violation and Request for Hearing dated June 11, 2009, Affidavit of Service served June 11, 2009, Statement of Violation and Request for Hearing and Affidavit of Serviced served June 10, 2009.

Attorney Gougelman swore in Mr. James Mayes and Attorney Colombo elicited testimony from Mr. Mayes.

Attorney Gougelman swore in Mr. Daniel Agent, manager of Indialantic One Condominium, from Space Coast Property Management, and Attorney Colombo elicited testimony from Mr. Agent.

Attorney Gougelman swore in Mr. Robert Gauthier, owner of one of the condo units in Indialantic One, and Attorney Colombo elicited testimony from Mr. Gauthier.

Mr. Harrison moved to find that in Case No. CEB 09-021 pursuant to the Findings of Fact, Conclusions of Law and Order dated March 26, 2009, that Respondent was not in compliance from April 11, 2009 to June 30, 2009. Further, this Board acknowledges that as of today, July 1, 2009, Respondent is in compliance and recognizes the fine of $16,200 be imposed for non-compliance and would like to keep the fine in place and request that over the next year Chief Jon Macdonald report quarterly on compliance and the relationship with the Condominium Association and Homeowners’ Association and that the Respondent may reserve the right to come back and ask for relief from this precedent set at tonight’s meeting. Mr. Campbell seconded.

After further discussion, Mr. Harrison moved to amend the motion to find that in Case No. CEB 09-021 pursuant to the Findings of Fact, Conclusions of Law and Order dated March 26, 2009, that Respondent was not in compliance from April 11, 2009 to June 30, 2009. Further, this Board acknowledges that as of today, July 1, 2009, Respondent is in compliance and recognizes the fine of $16,200 be imposed for non-compliance and would like to keep the fine in place and request that over the next six (6) months Chief Jon Macdonald report quarterly on compliance and the relationship with the Condominium Association and Homeowners’ Association and that the Respondent may reserve the right to come back and ask for relief from this precedent set at tonight’s meeting. Mr. Campbell seconded. Motion carried unanimously.

8. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

Attorney Colombo reported that all cases from the April 1, 2009 minutes are in compliance.

9. UNFINISHED BUSINESS

None.

10. NEW BUSINESS

None.

11. ADJOURNMENT

Meeting adjourned at 8:03 p.m.

______________________________ __________________________
Ronald David Frye, Chairperson Julie Anne Holmgren, Secretary