July 6, 2011

This material was filed under
[ Code Enforcement Board - Meeting Minutes ]
July 6, 2011

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
July 6, 2011 Council Chambers at 6:00 p.m.
MINUTES 11-06

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
May 4, 2011; 11-05

Mr. Campbell moved to approve the minutes as written. Mr. Adams 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 Michelle Bendayan, representative for American Quest Beachwear. Ms. Bendayan stated the store was in compliance and it was not a harmful offense.

Attorney Colombo noted the fine amount is $7,500, and after speaking with the Town Manager, the Town is willing to settle for a minimum of $1,300 to cover attorneys’ fees.

Attorney Gougelman noted it was not unusual for the Code Enforcement Board to relieve the respondent of the penalty, but $1,300 is not an unusual request. When the fine is reduced and not paid, it cannot be re-increased.

Mr. Adams moved to not reduce the fine, but authorize the Town Manager to release any lien resulting from the violation and close the Town file with no further action, if the respondent pays a total of $1,300 within forty-five (45) days. Mr. Campbell 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. Adams moved to adjourn at 6:30 PM. Mr. Campbell seconded. Motion carried unanimously

______________________________
Ronald Frye, Chairperson

______________________________
Jennifer M. Fortin, Secretary