April 4, 2012

This material was filed under
[ Code Enforcement Board - Meeting Minutes ]
April 4, 2012

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
April 4, 2012 Council Chambers at 6:00 p.m.
MINUTES 12-03

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

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

1. CALL TO ORDER AT 6:00 P.M.
Vice-Chairman Brillante called the meeting to order at 6:00 p.m.

2. ROLL CALL
The secretary called the roll.

3. APPROVAL OF MINUTES
November 2, 2011; 12-01
February 1, 2012; 12-02

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

4. OPENING STATEMENT
Vice-Chairman Brillante read the opening statement.

5. VIOLATION HEARINGS
A. C.E.B. Case Number 12-005
Wayne R. Denison, 441 Second Avenue, Indialantic, Florida 32903
Town Code Section 17-103 – Parking, storage and use of certain vehicles

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

Attorney Colombo submitted the following into evidence:

Town’s Exhibit 1– handwritten note from Town Manager Chinault noting the boat violation with the following dates listed: 12/30/11, 1/4/12, 1/5,12 and 1/6/12

Town’s Exhibit 2– Notice of Code Enforcement Violation

Town’s Exhibit 3 – Statement of Violation and Request for Hearing

Town’s Exhibit 4 – USPS Track and confirm with return receipt, Notice of Hearing (3 pages)

Mr. Stokes noted the property was incompliance but the respondent has been cited before for the same violation in 2007 and 2009.

Attorney Colombo noted staff does not have any recommendation at this time.

Attorney Gougelman swore in Town Manager Chinault.

Town Manager Chinault stated he was the one that noted the boat had been in violation and forwarded the information to Mr. Stokes for further investigation.

Town Manager Chinault noted the respondent had been charged $25.00 in 2007 and 2009. He recommended $25.00 fee for the three days of noted violation or $25.00 for one day.

Vice-Chairman Brillante moved to not impose a fine on the respondent, Mr. Wayne R. Dennison, at this time for a repeat violation of Town Code Section 17-103. Any future violation of Town Code Section 17-103 will result in a $25.00 per day per violation. Mr. Adams seconded. Motion carried unanimously.

B. C.E.B. Case Number 12-009
Timothy Deratany, 503 Fifth Avenue, Indialantic, Florida 32903
d/b/a El Fogon Restaurant, 409 Fifth Avenue, Indialantic, Florida 32903
Town Code Section 6-169(c) – Permits required; fees; renewal – Alarm

Attorney Colombo noted the Case Number 12-009 is in compliance.

C. Case Number 12-011
James M. & Leslie R. Murphy, Trustees, 209 Fir Avenue Melbourne Beach, Florida 32951
d/b/a JD Bowen Financial Group, LLC, 442 Fifth Avenue, Indialantic, Florida 32903
Town Code Section 6-169(c) – Permits required, fees, renewals – Alarm

Attorney Colombo noted the Case Number 12-011 is in compliance.

6. OTHER
Town Manager Chinault noted the Zoning and Planning Board decided not to change the 48-hour rule.

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

8. REPORT OF NON COMPLIANCE WITH PREVIOUS ORDERS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

11. ADJOURNMENT
Vice-Chairman Brillante moved to adjourn at 7:05 PM. Mr. Adams seconded. Motion carried unanimously

___________________________________
Ron Frye, Chairperson

________________________
Jennifer M. Fortin, Secretary