September 5, 2012

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[ Code Enforcement Board - Meeting Minutes ]
September 5, 2012

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
September 5, 2012 Council Chambers at 6:00 p.m.
MINUTES 12-05

PRESENT
Ronald David Frye, Chairman
Henry Adams, Member
Orlando Brillante, 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
Todd Harrison, Vice-Chairman (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
August 1, 2012; 12-04

Mr. Adams moved to approve the minutes with corrections. Mr. Brillante seconded. Motion carried unanimously.

4. OPENING STATEMENT
Chairman Frye read the opening statement.

5. VIOLATION HEARINGS
A. Repeat Violator Case Number 09-013
Thomas Patas, 1615 South Miramar Avenue, Indialantic, Florida 32903
Town Code Section 17-121(2.5)(b) – “R-I-A” Single-Family Residence

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– Minutes from the January 7, 2009 meeting (3 pages)
Town’s Exhibit B – Notice of Code Enforcement Violation dated December 17, 2008 (3 pages)

Attorney Gougelman swore in Sgt. Michael Connor.

Sgt. Connor stated he was directed to conduct an investigation by the Town Manager. Sgt Connor noted the Police Department has been dispatched to the property in the past.

Attorney Colombo submitted the following into evidence:

Town’s Exhibit C – Complaint Number 06-3007 (Indialantic Police Department) for a disturbance, which included a wedding party and setting fireworks off and possibly a bonfire on the beach.

Complaint Number 11-0830 (Indialantic Police Department) for suspicious vehicle

Town’s Exhibit D– Screen shot photo dated 9/3/12 of rental property at 1615 South Miramar Avenue

Sgt. Connor stated he created a g-mail account under the name of Patricia Roberts and inquired about the million dollar beach home.

Attorney Colombo submitted the following into evidence:

Town’s Exhibit E – Correspondence and comments from previous guests (8 pages)

Town’s Exhibit F – 7/3/12 testimonials from previous guests (2 pages)

Town’s Exhibit G – Schedule of weekly rentals and more testimonials (16 pages)

Town’s Exhibit H – Financial obligation, contract and reservation policy (6 pages)

Attorney Gougelman swore in Robert Bickford, Counsel for Mr. Patas.

Mr. Bickford stated Mr. Patas was in Colombia, South America until the first week in October. Mr. Bickford agreed to inform Mr. Patas to have all activity at the property cease until after the next hearing.

Chairman Frye moved to continue this matter until October 10, 2012 at 6:00 PM with the condition no short-term rentals between September 5, 2012 and the next hearing and if a rental occurs the Board will address the issue at the next meeting. Mr. Brillante seconded. Motion carried unanimously.

B. Case Number 12-016
Chris & Lisa St. Germain, 130 Fifth Avenue Avenue, Indialantic, Florida 32903
Town Code Section 13-3 – Display of goods and 17-126(2)(e) “C” and “C-1” Commercial Districts

Attorney Gougelman reminded Mr. Stokes he was still under oath.

Mr. Stokes stated the Town was not looking to fine them just be found guilty and follow proper procedure. Mr. Stokes noted the following dates of having merchandise displayed outside while having a tent sale:
Ø November 8, 2010
Ø February 24, 2011
Ø June 3, 2011 – a notice was sent to the current owner
Ø August 7, 2012 – a notice was sent to the current owner

Attorney Colombo submitted the following into evidence:

Town’s Exhibit A – Note to Mr. Stokes dated August 13, 2012 from Town Manager Chinault

Town’s Exhibit B – Letter dated August 13, 2012 and USPS track and confirm with return receipt (3 pages)

Town’s Exhibit C – Notice of hearing, Statement of violation and request for hearing, Memo from Victoria Mercer in reference to a conversation with Ms. St. Germain dated August 30, 2012, and confirm with return receipt (6 pages)

Attorney Gougelman swore in Stuart Glass.

Mr. Glass stated he took the photos dated August 12, 2012 at 12:31 PM and e-mailed them to Town Manager Chinault

Attorney Colombo submitted the following into evidence:

Town’s Exhibit D – 3 photos taken by Mr. Glass.

Attorney Gougelman Swore in Town Manager Chinault.

Town Manager Chinault stated he did write the memos to Mr. Stokes regarding the violation.

Attorney Colombo submitted the following into evidence:

Town’s Exhibit E – Note from Town Manager Chinault regarding violation

Town’s Exhibit F – Photo sent via e-mail from Dave Berkman to Town Manager Chinault dated August 12, 2012

Mr. Stokes recommended classifying the Respondent as a repeat offender with no fine.

Attorney Gougelman swore in Benjamin Bobbitt.

Mr. Bobbitt did acknowledge they had events on August 6, 2012 and August 11, 2012.

Attorney Gougelman swore in Lisa St. Germain.

Ms. St. Germain stated she did not receive the certified notices as they moved from Homestead, Florida to Melbourne Beach, FL. Ms. St. Germain gave the following address for future mail.
110 Warsteiner Way, Unit 303
Melbourne Beach, Florida 32951

Mr. Adams moved in view of the evidence and/or testimony presented to the Board in Case Number 12-016, Mr. & Mrs. Christopher St. Germain, be found guilty of a violation of Town Code Section 13-3 – Display of goods, and that the respondent be given zero (0) days to come into compliance. 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
The Board adjourned at 7:17 p.m.

___________________________________
Ron Frye, Chairperson

________________________
Jennifer M. Fortin, Secretary