November 3, 2010

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[ Code Enforcement Board - Meeting Minutes ]
November 3, 2010

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
November 3, 2010 Town Hall 6:00 p.m.
MINUTES NO. 11-02

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

ABSENT
Ronald David Frye, Chairperson (excused)
Todd Harrison, Member

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 roll.

3. APPROVAL OF MINUTES

Minutes 11-01, October 5, 2010
Mr. Adams moved to approve the minutes of October 5, 2010. Mr. Brillante seconded. Motion carried unanimously.

4. OPENING STATEMENT

Vice-Chairperson Brillante read the opening statement.

5. VIOLATION HEARINGS

A. C.E.B. Case Number 11-002
American Quest Beachwear, 100 Fourth Avenue, Indialantic, Florida 32903
General Electric Capital Corporation, C/O Thompson & Brooks, 412 East Madison Street, Suite 900, Tampa, Florida 33602
Town Code Section 5.5-63 General Maintenance

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

Mr. Stokes noted there was a large sheet of plywood over a space where a plate glass window goes and was first noticed on September 1, 2010.

Town’s Exhibit “A” (6 pages) entered in as evidence – (Notice of Violation, USPS track and confirm, return receipts)

Town’s Exhibit “B” entered in as evidence (7 pages) – (Notice of Hearing, Request for hearing, USPS track and confirm, return receipts)

Town’s Exhibit “C” (1 page) entered in as evidence – (Photograph of plywood over window taken 11-3-10 at 2:45 PM)

Attorney Gougelman swore in Maryam Erfani, manager for American Quest Beachwear.

Ms. Erfani noted the owner was out of the country but will be back the third week of November. Ms. Erfani has also noted the owner has spoken to different glass companies. Ms. Erfani believes thirty (30) days would be sufficient to get the window fixed.

Mr. Stokes recommended The Burrito Ranch Company come into compliance within fifteen (15) days or face a fine of $100.00 per day the violation continues beyond the fifteen days.

Mr. Adams moved to find American Quest Beachwear and General Electric Capital Corporation, in violation of Town Code Section 5.5-63 General Maintenance and give American Quest Beachwear and General Electric Capital Corporation fifteen (15) calendar days to come into compliance with the Town ordinance or face a fine of $100.00 per day the violation continues beyond the fifteen (15) days. Mr. Campbell seconded. Motion carried unanimously.

6. OTHER

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

8. REPORT OF NON_COMPLIANCE WITH PREVIOUS ORDERS

Attorney Colombo noted The Burrito Ranch Company has until November 17, 2010 to come into compliance and has yet to do so.

9. UNFINISHED BUSINESS

10. NEW BUSINESS

11. ADJOURNMENT

Mr. Campbell moved to adjourn at 6:30 PM. Mr. Adams seconded. Motion carried unanimously

______________________________ __________________________
Orlando Brillante, Vice-Chairperson Jennifer M. Fortin, Secretary