May 4, 2011

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[ Code Enforcement Board - Meeting Minutes ]
May 4, 2011

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
May 4, 2011 Council Chambers at 6:00 p.m.
MINUTES 11-05

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

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

2. ROLL CALL
The secretary called the roll.

3. APPROVAL OF MINUTES
April 6, 2011; 11-04

Mr. Adams moved to approve the minutes as written. Mr. Campbell seconded. Motion carried unanimously.

4. OPENING STATEMENT
Chairperson Frye read the opening statement.

5. VIOLATION HEARINGS
A. C.E.B. Case Number REPEAT VIOLATOT 11-008
American Quest Beachwear -and- General Electric Capital Corporation
100 Fourth Avenue C/O Thompson & Brooks
Indialantic, Florida 32903 412 East Madison Street
Suite 900
Tampa, Florida 33602

Town Code Section 17-106.3(6)(a), (b) and (c) – Permitted temporary signs
Town Code Section 17-106.4(6)(g) – Signs authorized in the various zoning districts

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

Attorney Colombo submitted the following into evidence:
Town’s Exhibit 1: a picture taken by Town Manager Chinault on April 12, 2011 depicting the banner in the window of American Quest Beachwear (1 page)
Town’s Exhibit 2: Notice of Code Enforcement Violation and affidavit of service (2 pages)
Town’s Exhibit 3: Request for hearing, Affidavit of service, Notice of hearing, Track and confirm (5 pages)

Attorney Stuart Capps was present in representing American Quest Beachwear.

Attorney Gougelman swore in Michelle Bendayan, Manager for American Quest Beachwear. Ms. Bendayan noted that the sales have increased with the signage. Ms. Bendayan noted she is trying to sell as much product as possible before the store has to close because the building has sold.
Attorney Colombo noted the penalty is at the Board’s discretion.

American Quest Beachwear submitted the following into evidence:
Respondent’s Exhibit A-banner request and comments from Town Manager Chinault (2 pages)

Attorney Capps asked that the Board consider weighing the fine due to the economy.

Vice-Chairman Brillante moved to find American Quest Beachwear and General Electric Capital Corporation, 100 Fourth Avenue, Indialantic, Florida, in violation of Town Code Section 17-106.3(6)(a), (b) and (c) – Permitted temporary signs – and Town Code Section 17-106.4(6)(g) – Signs authorized in the various zoning districts – and that the respondents be fined $250.00 per day per violation with the effective date being April 21, 2011. Mr. Campbell seconded. Motion carried unanimously.

B. C.E.B Case Number 11-009 Bradley Collings
210 Melbourne Avenue
Indialantic, Florida 32903
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.

Attorney Colombo submitted the following into evidence:
Town’s Exhibit 1: Notice of violation, track and confirm and photos of property (pool) in violation (7 pages)
Town’s Exhibit 2: Photos of pool in violation dated 5/4/11(2 pages)
Town’s Exhibit 3: Notice of hearing and track and confirm and photos of the pool dated 4/5/11

Mr. Stokes noted there was no foul odor from the pool and there is a fence around it. The issue is can become a mosquito problem.

Town Attorney Gougelman swore in Mr. Collings.

Mr. Collings advised the Board that he is working on cleaning the pool and that he has repaired the pump.

Mr. Harrison moved to find Mr. Collings, 210 Melbourne Avenue, Indialantic, Florida in violation of Town Code Section 5.5-63 – General Maintenance, and be given 30 days to comply or be fined $75.00 per day after 30 days. Vice-Chairman Brillante seconded. Motion carried unanimously.

6. OTHER

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

8. REPORT OF NON COMPLIANCE WITH PREVIOUS ORDERS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

11. ADJOURNMENT
Mr. Campbell moved to adjourn at 7:47 PM. Mr. Adams seconded. Motion carried unanimously

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