November 2, 2011

This material was filed under
[ Code Enforcement Board - Meeting Minutes ]
November 2, 2011

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
November 2, 2011 Council Chambers at 6:00 p.m.
MINUTES 12-01

PRESENT
Orlando Brillante, Vice Chairman
Henry Adams, Member
Ronald Campbell, Member
Todd Harrison, 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)

1. CALL TO ORDER AT 6:00 P.M.
Vice-Chairman Brillante called the meeting to order at 6:03 p.m.

2. ROLL CALL
The secretary called the roll.

3. APPROVAL OF MINUTES
September 7, 2011; 11-07

Mr. Adams moved to approve the 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 12-001
Keith Whitehead
436 Third Avenue
Indialantic, Florida 32903

Town Code Section 17-103 – Parking, storage and use of certain vehicles

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

Mr. Stokes advised the Board this violation has been going on since 2008 and that Mr. Whitehead was in compliance as of this date of the meeting. Mr. Stokes noted that Mr. Whitehead does have room on the side of his house behind the structure line for his boats

Attorney Colombo submitted the following into evidence:

Town’s Exhibit 1: 3 pages to include –Notice of Code Enforcement Violation; track and confirm with return receipt

Town’s Exhibit 2: 1 page to include – notes from Town Manager Chinault noting code violations with the following dates noted September 6, 7, 8, 19, 20, 21, 26, 27 and 28, 2011.

Town’s Exhibit 3: 4 pages to include – Notice of Hearing with Statement of Violation and Request for Hearing 93 pages); track and confirm with return receipt

Attorney Colombo recommended the violator be fined $250.00 per day per violation at the request of the Town and the next time Mr. Whitehead be considered as a repeat violator..

Mr. Campbell moved to find Keith Whitehead in violation of Town Code Section 17-103 noting that Mr. Whitehead is in compliance as of this date and as such be deemed as a repeat violator and be fined $150.00 per day per violation. Dates of violations noted as September 6, 7, 8, 19, 20, 21, 26, 27 and 28, 2011. Mr. Adams seconded. Motion carried with Vice-Chairman Brillante, Mr. Campbell and Mr. Harrison voting “aye” and Mr. Adams voting “nay”

6. OTHER
The Board is requeting Attorney Colombo to speak with Town Manager Chinault in reference to the 48 hour rule pertaining to boats in the front yard.

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 7:15 PM. Mr. Harrison seconded. Motion carried unanimously

___________________________________
Orlando Brillante, Vice-Chairperson

________________________
Jennifer M. Fortin, Secretary