August 1, 2012

This material was filed under
[ Code Enforcement Board - Meeting Minutes ]
August 1, 2012

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
August 1, 2012 Council Chambers at 6:00 p.m.
MINUTES 12-04

PRESENT
Ronald David Frye, Chairman
Orlando Brillante, Vice Chairman
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
Henry Adams, Member (excused)

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

2. ROLL CALL
The secretary called the roll.

3. APPROVAL OF MINUTES
April 4, 2012; 12-03

Vice-Chairman Brillante moved to approve the minutes as written. Mr. Campbell seconded. Motion carried unanimously.

4. OPENING STATEMENT
Chairman Frye read the opening statement.

5. VIOLATION HEARINGS
A. Repeat Violator Case Number 09-004
Karen Maltese, 1110 Couth Magnolia 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 A– USPS Track and Confirm, Notice of hearing and Affidavit of service from Indialantic Police Department

Attorney Gougelman swore in Town Manager Chinault

Town’s Exhibit B– handwritten note from Town Manager Chinault noting the boat violation with the following dates listed: 7/9/12, 7/10/12, 7/11/12 ad 7/12/12.

Town Manger Chinault stated he was the one that noted the boat in violation ad forwarded the information to Mr. Stokes for further investigation.
Mr. Gougelman swore in Karen Maltese.

Ms. Maltese stated she was aware she was in violation.

Mr. Harrison moved to find in view of the evidence and/or testimony presented to this Board in Case No. 09-114, I move that we find the respondent, Ms. Maltese, did not come into compliance by July, 12, 2012, the date that the Board earlier directed the respondent to be in compliance by. I further move that the respondent by fined $0.00 per day for violation of Town Code Section 17-103 starting on July 9, 2012, the date that this Board earlier directed the respondent to be in compliance by, and ending on such date as the respondent shall be determined to be in compliance. As part of my motion, it should be included that it is the responsibility of the respondent to request a re-inspection of his/her property by the Code Enforcement Officer to establish that he/she has come into compliance with the Town Code. In making this motion, I have considered three factors:
1. The gravity of the violation
2. Any actions taken by the violator to correct the violation; and
3. Any previous violation committed by the violator

Chairman Frye seconded. Motion carried unanimously.

B. Case Number 12-013
Susan and/or Gary Windham, 440 First Avenue Avenue, Indialantic, Florida 32903
Town Code Section 1-11 – Garage Sales

Attorney Colombo submitted the following into evidence:

Town’s Exhibit A – Violation letter dated February 3, 2012

Town’s Exhibit B – Violation letter date June 5, 2012 and USPS track and confirm with return receipt

Town’s Exhibit C – Notice of hearing, Affidavit of service from Indialantic Police Department, Notice of hearing with return receipt unclaimed

Town’s Exhibit D – handwritten note from Town Manager Chinault noting the boat violation with the following dates listed: 1/13/12, 2/3/12, 2/4/12,4/27,12 and 5/25/12

Attorney Gougelman swore in Ms. Windham.

Mr. Campbell moved to find that in view of the evidence and/or testimony presented to this Board in Case No. 012-013, I move that the respondent, Ms. Windham be found guilty of a violation of Town Code Section 1-11 and that the respondent be given 0 days to come into compliance with the Town Code. Mr. Harrison seconded. Motion carried unanimously.

C. Case Number 12-014
Lois A. & Ryan S. Torvik, 216 Melbourne Avenue, Indialantic, Florida 32903
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 12-014 is in compliance.

6. OTHER

7. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

8. REPORT OF NON COMPLIANCE WITH PREVIOUS ORDERS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

A. Election of Chairman

Mr. Campbell moved to nominate Ron Frye as Chairman. Mr. Harrison seconded. Motion carried unanimously.

B. Election of Vice-Chairman

Vice-Chairman Brillante moved to nominate Todd Harrison as Vice-Chairman. Chairman Frye seconded. Motion carried unanimously.

11. ADJOURNMENT
The Board adjourned at 6:55 p.m.

___________________________________
Ron Frye, Chairperson

________________________
Jennifer M. Fortin, Secretary