MEMBERS
Brooke Deratany Goldfarb, Chairperson
Anne Mayer, Vice Chairperson
Catherine Berkman
Dick Dunn
Bernie Gott
Larry Michelson
JoAnne Nadeau
Marjorie Schwanbeck
Ron Cassedy, Director of Public Works
Victoria Mercer, Secretary

I. CALL TO ORDER AT 9:00 A.M.

II. APPROVAL OF PRIOR MEETING MINUTES
Minutes 12-06; April 23, 2012

III. TOWN HALL REPORT –MR. CASSEDY

IV. BEAUTIFICATION

V. PARKS
A. Parks update
B. Improvement Plan for Area Parks

VI. RECREATION
A. Fifth Annual Indialantic Witch Way 5K, Saturday, October 13, 2012
B. December Holiday Banner

VII. OTHER

VIII. ITEMS FOR NEXT MEETING – JUNE 25, 2012 9:00 A.M. 12-08
A. Election of Chairperson
B. Election of Vice Chairperson

IX. ADJOURNMENT

PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY ADVISES THE PUBLIC THAT: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSONS MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE TOWN FOR THE INTRODUCTION OR ADMISSION INTO EVIDENCE OF OTHERWISE INADMISSABLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW.

I. CALL TO ORDER AT 9:00 A.M.
Jenifer Marx, Chairperson
Linda Glass, Treasurer
Carol Andren
Linda Coleman
Pam Dunn
Cindy Earp
Dian Milligan
Linda Paige
Joan Sherman
Victoria Mercer, Secretary

II. APPROVAL OF PRIOR MEETING MINUTES
Minutes 12-06, April 17, 2012

III. REPORT FROM CHAIRPERSON MARX

IV. PROJECTS
A. T-shirts
B. Historical Conversations & Portrait of a Community DVD
C. Archives
D. Interviewees and Photo’s

V. OTHER

VI. BUDGET

VII. ITEMS FOR NEXT MEETING- JUNE 19, 2012 9:00 A.M. 12-08

VIII. ADJOURNMENT

PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY ADVISES THE PUBLIC THAT: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSONS MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE TOWN FOR THE INTRODUCTION OR ADMISSION INTO EVIDENCE OF OTHERWISE INADMISSABLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW.

MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON MARCH 27, 2012

PRESENT: John MacNeill, Chairman
Tom Kleving, Vice-Chairman
Rick Bertel, Member
Mike McCabe, 1st Alternate
Cliff Stokes, Bldg. Official
Christopher W. Chinault, Town Manager
Jennifer Fortin, Secretary

ABSENT: Nancee Hay, Member (excused)
Dan Sullivan, Member (excused)
Anne Mayer, 2nd Alternate (excused)

1. CALL TO ORDER AT 5:30 PM

Chairman MacNeill called the meeting to order at 5:30 pm.

2. APPROVAL OF PRIOR MEETING MINUTES

A. Minutes 12-04, February 28, 2012

Mr. McCabe moved to approve the minutes as written. Mr. Bertel seconded. Motion carried unanimously.

3. APPLICATIONS

A Site Plan Approval – Bayswater Development Corp., Lots 15, 16 and 17, Blk. 29, 100 Eighth Avenue, Indialantic, Florida 32903

Dude Braselton, from Bayswater Development Corp., presented the site plan for new Mallory Square Townhomes.

Town Manager Chinault recommended approval of the plan referencing the memo given to the Board with conditions.

Mr. McCabe moved to approve the site plan as submitted dated 2-28-12 and plans dated 2-22-12 and with the following conditions as noted by staff:
1. Since the applicant plans to plat the individual townhouse parcels and sell them individually, the applicant will need to comply with the provisions of Town Code Charter 13.5;
2. The applicant will need to secure a variance from the Board of Adjustment for the width at the building line being less than 100 feet [see Section 17-124(5)(b)];
3. The applicant will need to secure a variance from the Board of Adjustment for the side yards for the space between the two buildings being less than 20 feet – the side setbacks are required to be 10 feet for each building [see Section 17-124(7)(a)];
4. The applicant will need to secure a variance from the Board of Adjustment for the lot area being less than 10,000 square feet [see Section 17-124(4)];
5. The landscape plan (also referred to as Sheet C-2) reflects the right-of-way width for Miramar Avenue and for Eighth Avenue as being 66 feet each – while staff believes that both right-of-ways are 60 feet;
6. The applicant references on Sheet C-2 the sewer lateral needing to meet the City of Melbourne standards while sewer service is actually provided by Brevard County; and
7. The applicant will need to comply with all requirements of the Town Engineer with regard to site drainage.
Mr. Bertel seconded. Motion passed with Chairman MacNeill, Mr. Bertel and Mr. McCabe voting “aye” and Vice-Chairman Kleving voting “nay”.

4. REPORTS AND DISCUSSIONS

A. Ordinance 12-07 – amending Code Section 17-4(51) – to find consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan.

Mr. Bertel moved to find Ordinance 12-07 consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan. Mr. McCabe seconded. Motion carried unanimously.

B. Discussion of Town Code Section 17-112 Skateboard Ramps

Discussion of Code Section 17-112 Skateboard Ramps was continued until the April meeting..

5. REPORT FROM BUILDING OFFICIAL

A. Reports are included in packets for informational pages to the Board.

6. ADJOURNMENT

Mr. McCabe moved to adjourn the meeting at 6:10 pm. Mr. Bertel seconded. Motion carried unanimously.

________________________
John MacNeill, Chairman

__________________________
Jennifer Fortin, Secretary

MEETING OF A PENSION BOARD OF TRUSTEES – POLICE/FIRE MEETING HELD IN THE INDIALANTIC TOWN HALL ON JANUARY 25, 2012.

PRESENT:
Gerald Kowalski, Chairman
Sgt. Mike Casey, Secretary
Sgt. Mike Connor
Mike Humphrey, Member
Bonni Jensen, Esq.
Dan Johnson, Bogdahn Group
Jennifer Fortin, Recording Secretary

ABSENT:
Bruce Bogert, Member

I. CALL TO ORDER AT 10:30 p.m.
Chairman Kowalski called the meeting to order at 10:30 a.m.

II. OATH OF OFFICE
A. Sgt. Michael Connor

The secretary swore in Sgt. Michael Connor as a new member to the Police/Fire Pension Board of Trustees.

III. ELECTION OF OFFICERS
A. Chairman

Sgt. Mike Casey moved to nominate Gerald Kowalski. Sgt. Connor seconded. Motion carried unanimously.

B. Vice-Chairman/Secretary

Sgt. Connor moved to nominate Sgt. Casey as Vice-Chairman/Secretary. Chairman Kowalski seconded. Motion carried unanimously.

IV. APPROVAL OF MINUTES
A. Minutes 12-03, December 5, 2011

Sgt. Casey moved to approve minutes12-03 as presented. Chairman Kowalski seconded. Motion carried unanimously.

V. REPORT FROM THE BOGDAHN GROUP
A. Discussion of the 1st Quarter Performance Report

Mr. Johnson had no recommended changes at this time.

Sgt. Casey moved to accept the report as presented. Sgt. Connor seconded. Motion carried unanimously.

The Board approved to have the secretary send funds to Salem Trust and coordinate with Dan Johnson from the Bogdahn Group.

Mr. Johnson notes that Salem Trust might want to come to the next meeting and discuss any changes.

VI. OTHER BUSINESS
A. Approval of invoice #70808 from Attorney Jensen in the amount of $2,059.08
B. Approval of invoice #70846 from Attorney Jensen in the amount of $254.75
C. Approval of invoice #7067 from The Bogdahn Group in the amount of $3,875.00
D. Approval of invoice #1562 from Integrity Fixed Income in the amount of $1,078.22

Sgt. Casey moved to approve items A-D, for payment. Sgt. Connor seconded. Motion carried unanimously.

D. Task Force on Public Employee Disability Presumptions – Attorney Jensen

This is an FYI for the Board. A packet has been handed out for review by the Board.

E. Addendum to Actuary Agreement – Attorney Jensen

This is an FYI for the Board regarding the changes with Foster & Foster from the previous meeting.

F. Summary Plan Description

Sgt. Casey moved to approve the Summary Plan Description. Sgt. Connor seconded. Motion carried unanimously.

G. Mr. Bogert is not able to make the meetings set for the last Wednesday of the month.

Sgt. Casey moved to have the Pension Board meeting moved to the last Thursday of the month. Sgt. Connor seconded. Motion carried unanimously.

VII. ADJOURMENT
The Board adjourned at 11:40 p.m..

__________________________________
Gerald Kowalski, Chairman

__________________________________
Jennifer M. Fortin, Recording Secretary

MEETING OF A PENSION BOARD OF TRUSTEES – GENERAL EMPLOYEES MEETING HELD IN THE INDIALANTIC TOWN HALL ON FEBRUARY 1, 2012.

PRESENT
Vincent Benevente, Chairman
Jim Perrin, Vice-Chairman
Anthony Breglio, Member
Ron Cassedy, Member
Karen Turja, Member
Jennifer Fortin, Recording Secretary
Joe Carter and Tim Hester (MSSB)

I. CALL TO ORDER AT 9:00 a.m.

Chairman Benevente called the meeting to order at 9:00 a.m.

II. ELECTION OF OFFICERS

A. Chairman

Mr. Cassedy moved to nominate Vince Benevente as Chairman. Ms. Turja seconded. Motion carried unanimously.

B. Vice-Chairman

Mr. Cassedy moved to nominate Jim Perrin as Vice-Chairman. Ms. Turja seconded. Motion carried unanimously.

III. APPROVAL OF MINUTES

A. Minutes 12-01, November 29, 2011

Mr. Cassedy moved to approve the minutes of November 29, 2011. Vice-Chairman Perrin seconded. Motion carried unanimously.

IV. REPORT FROM JOSEPH CARTER AND TIM HESTER (MORGAN STANLEY)

A. Discussion of the first quarter Portfolio and Performance Allocation

Mr. Carter did not recommend any rebalancing at this time

Vice-Chairman Perrin moved to accept the report as presented. Mr. Cassedy seconded. Motion carried unanimously.

V. OTHER BUSINESS

A. Refund of benefits for Christopher Snyder

Vice-Chairman Perrin moved to approve the refund of benefits to Mr. Snyder. Ms. Turja seconded. Motion carried unanimously.

B. Retirement of Joseph Chiscon

Mr. Cassedy moved to accept the retirement of Joseph Chison effective April, 3, 2012. Vice-Chairman Perrin seconded. Motion carried unanimously.

VI. ADJOURNMENT

The Board adjourned at 9:40 a.m.

_______________________________________
Vincent Benevente, Chairman

_______________________________________
Jennifer M. Fortin, Recording Secretary

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

MINUTES OF A BOARD OF ADJUSTMENT MEETING HELD IN THE INDIALANTIC TOWN HALL ON APRIL 11, 2012

PRESENT:
Doug Wright, Chairman
Brian Dullaghan, Member
Bud Evans, Member
Safvat Kalaghchy, 1st Alt.
Chris Campbell, 2nd Alt.
Paul Gougelman, Town Attorney
Cliff Stokes, Building Official
Jennifer Fortin, Secretary

ABSENT:
David A Justice, Vice-Chairman (excused)
James Bates, Member (excused)

This meeting was tape-recorded. Records are indexed and filed for ready reference where such have been summarized in typed minutes.

1. CALL TO ORDER AT 5:30 PM

Chairman Wright called the meeting to order at 5:30 PM.

2. ELECTION OF OFFICERS

A. Chairman

Mr. Dullaghan moved to nominate Chairman Wright for another year. Mr. Evans seconded. Motion carried unanimously.

B. Vice-Chairman

Mr. Dullaghan moved to nominate Vice-Chairman Justice for another year. Mr. Campbell seconded. Motion carried unanimously.

3. APPROVAL OF PRIOR MEETING MINUTES

A. Minutes 12-03, April 2, 2012

Mr. Dullaghan moved to approve Minutes 12-02 as written. Mr. Evans seconded. Motion carried unanimously.

4. VARIANCE APPLICATIONS

A. A revised variance is being filed by Clayton Bennett, PE, on behalf of Charles, regarding Lot 6 and south ½ of Lot 5 Blk. 99, 1311 South Miramar Avenue, Indialantic, Florida 32903. A variance is being requested to Code Section 6-30(c) – Building east of the Brevard County Coastal Construction Control Line.

Attorney Gougelman gave background on the application and requested the e-mails from the abutters and the entire packet to the Board be submitted into record.

Mr. Bennett presented the application.

The following people spoke in opposition of the project:
Carrie Black, 1321 South Miramar Avenue Unit 15
Scott Bissett, 1321 South Miramar Avenue Unit 14
Karen Rhodes, 700 Wavecrest Avenue Unit 305
Paris Rogers, 1321 South Miramar Avenue Unit 4

Mr. Evans moved to approve the current order as requested Mr. Campbell seconded. Motion carried unanimously.

4. ADJOURNMENT

The meeting was adjourned at 7:00 PM.

___________________________
Doug Wright, Chairman

___________________________
Jennifer Fortin, Secretary

MEMBERS PRESENT
Brooke Deratany Goldfarb, Chairperson
Catherine Berkman
Dick Dunn
Bernie Gott
Larry Michelson
JoAnne Nadeau
Marjorie Schwanbeck
Ronald H. Cassedy, Public Works Director

MEMBERS ABSENT
Anne Mayer, Vice Chairperson

GUEST
Jo Anne Jones

I. CALL TO ORDER
Chairperson Ms. Deratany Goldfarb called the meeting to order at 9:03 a.m.

Mr. Dunn introduced Ms. Jo Anne Jones who was present and might be interested in seeking appointment to the Parks, Recreation, and Beautification Committee.

II. APPROVAL OF PRIOR MEETING MINUTES
Minutes 12-04; February 27, 2012
Mr. Michelson moved to approve the minutes as presented. Mr. Dunn seconded. Motion carried unanimously.

III. TOWN HALL REPORT – MR. CASSEDY
Mr. Cassedy provided no report.

IV. BEAUTIFICATION
Status of Beautification Award sign
Current location is at the residence of 312 Melbourne Avenue. Ms. Berkman moved, seconded by Mr. Gott, to select the property at 138 Ormond Drive as the next location for the committee’s Beautification Award. Motion carried unanimously. Ms. Mercer will send a letter to the property owner advising of the Committee’s decision. The sign will remain at the current location until arrangements have been made to relocate the sign. Nominations for the next location will be brought before the committee at the next scheduled meeting.

Pending Nominations:
Ool, 301 Michigan Avenue (still under construction)
Kennedy, 245 Second Avenue (Ms. Berkman nominated)
Custom Financial Solutions, Inc., 442 Fourth Avenue, Attn: Leslie Murphy (Barbara Person nominated)
Collins, 330 Ormond Drive (Mr. Chinault)
Harney, 1004 Wavecrest Avenue (Ms. Deratany Goldfarb)

V. PARKS
Orlando Park – Brooke Deratany Goldfarb
No complaints.

Dewey Park & Wavecrest Extension Park- Anne Mayer
Not present.

Indian River Park & Tradewinds Park – Catherine Berkman
No complaints.

Nance Park, Sunrise Park & Sunset Park – Bernie Gott
Nance Park – No complaints.

Sunrise Park – Mr. Gott noted that he did not favor a shower facility at Sunrise Park; however, he believed that a foot wash might be useful and asked if Public Works could investigate the feasibility of using the existing well to support such an amenity.

Sunset Park – No complaints.

Wavecrest Park & Indialantic Ocean Beach Park – Larry Michelson
Wavecrest Park – No complaints.

Indialantic Ocean Beach Park – Mr. Gott noted that he believed that it would be helpful if another sign is posted on the beach level at the base of the emergency vehicle ramp advising beachgoers that the ramp is for emergency vehicles only.

Douglas Park & Riverside Park – Dick Dunn & JoAnne Nadeau
Mr. Dunn noted that he observed during the Town’s 60th Celebration that both Riverside and Douglas parks were in excellent shape and he further complimented the Town for the fine appearance that both parks presented.

Gus Carey Park & Sea Park – Marge Schwanbeck
No complaints.

Improvement Plan for Area Parks
Ms. Nadeau provided a handout indicating concerns with regard to the condition principally of the Town’s smaller parks. It was agreed that she would meet with Mr. Cassedy and review particular issues that might need attention. Mr. Cassedy will schedule those maintenance improvements which his staff is capable of performing and will secure the cost for any work that might warrant the services of a private contractor (e.g. serious tree trimming).

Anyone interested in assisting with a park clean-up day will contact Ms. Nadeau.

VI. RECREATION
Easter Egg Hunt, Saturday, March 31, 2012 @ 9:00am
It was agreed by consensus that the Town will not provide a porta-pottie at the egg hunt on 3/31/12. Ms. Schwanbeck noted that all committee participants are to arrive by 8:30 Saturday morning. She further noted that she had eggs and candy to distribute and that she would take Ms. Mayer’s allotment to her since she was not present at today’s committee meeting.

Fifth Annual Indialantic Witch Way 5K, Saturday, October 13, 2012
The first meeting of the WW 5K group will be held in the Town Council Chamber on Thursday, April 12, 2012 at 8:30 a.m.

December Holiday Banner
Ms. Deratany Goldfarb noted that since she needed to contact Andee McKoy Zeppuhar about the
WW5K she would inquire about the design and company that produced the WW 5K banner.

VII. OTHER

VIII. ITEMS FOR NEXT MEETING – APRIL 23, 2012 9:00 A.M. 12-06
A. Easter Egg Hunt, Saturday, March 31, 2012 @ 9:00am
B. Fifth Annual Indialantic Witch Way 5K, Saturday, October 13, 2012

IX. ADJOURNMENT
The meeting was adjourned at 9:47 am.

___________________________________
Brooke Deratany Goldfarb, Chairperson

___________________________________
Victoria Mercer, Secretary

PRESENT
Ronald David Frye, Chairman
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

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
November 2, 2011; 12-01

Mr. Adams 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. C.E.B. Case Number 12-002
William Kokotis, 508 Latania Palm Drive, Indialantic, Florida 32903

Town Code Section 5.5-64 – Paved and unpaved areas

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 the violation has not come into compliance.

Attorney Colombo submitted the following into evidence:

Town’s Exhibit A: 2 pages to include –Notice of Code Enforcement Violation; track and confirm with return receipt

Town’s Exhibit B: 2 pages to include – photos of the parking lot

Town’s Exhibit 3: 5 pages to include – Track and confirm, return mail, Notice of Hearing, Statement of Violation and Request for Hearing (2 pages)

Town’s Exhibit 4: Track ad confirm with return receipt, Notice of Hearing, Statement of Violation and Request for Hearing (2 pages)

Mr. Harrison moved in view of the evidence and/or testimony presented to this Board in Case No. 12-002, that the respondent, Mr. William Kokotis and MLB AAA Investments, LLC be found guilty of a violation of Town Code Section 5.5-64 and be given thirty (30) days to come into compliance. Mr. Campbell seconded. Motion carried unanimously.

B. C.E.B. Case Number 12-004
David W. Fraley and Christine D. Witte, 303 Deland Avenue, Indialantic, Florida 32903

Town Code Section 5.5-71 – Fences and walls

Mr. Stokes noted the property has a pool with a barrier fence around it and is currently not in compliance.

Attorney Colombo submitted the following into evidence:

Town’s Exhibit A: 2 pages to include photos of the fence

Town’s Exhibit B: Notice of Code Enforcement Violation, track and confirm, unclaimed certified letter, second Notice of Code Enforcement Violation, third Notice of Code Enforcement Violation, fourth Notice of Code Enforcement Violation and track and confirm with return receipt

Town’s Exhibit C – 4 pages to include track and confirm with return receipt, Notice of Hearing and Statement of Violation and Request for Hearing

David Fraley, 303 Deland Avenue, owner of the property advised that he had spoken to Town Manager Chinault and noted the slats on the west side of the fence had been fixed. Mr. Fraley also advised the Board that on the eastside of the property there is a sinkhole in the right-of-way, which belongs to AT&T.

Mr. Adams moved in view of the evidence and/or testimony presented to this Board in Case No. 12-004, that the respondent, David W. Fraley and Christine D. Witte, be found guilty of a violation to Town Code Section 5.5-71 and be given until May 1, 2012 to come into compliance and if compliance is not met, a fine of $50.00 be imposed for each day the violation continues. Vice-Chairman Brillante seconded. Motion carried unanimously.

C. 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

Mr. Stokes advised the property is in compliance.

Attorney Columbo submitted the following into evidence:

Town’s Exhibit A 7 pages to include – Notice of Code Enforcement Violation, Findings of Fact, Conclusions of Law and Order

Town’s Exhibit B 4 pages to include – Track and confirm with return receipt, Notice of Hearing, Statement of Violation and Request for Hearing

The Board has agreed to table this case until the next regular meeting.

6. OTHER
Attorney Gougelman noted there is new case law for Code Enforcement Boards. Attorney Gougelman advised the board if they find that a respondent is found guilty of a violation for the first time than they have to give the respondent time to come into compliance. If the respondent does not comply than a second hearing shall be held to impose a fine. If the respondent is a repeat violator than only one hearing is necessary. The Board was given a new form as a guide.

The Board would like Mr. Stokes to do monthly inspections of the Fraley property.

Attorney Colombo will speak to Town Manager Chinault regarding the 48-hour rule for 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. Harrison moved to adjourn at 7:33 PM. Mr. Campbell seconded. Motion carried unanimously

___________________________________
Ron Frye, Chairperson

________________________
Jennifer M. Fortin, Secretary

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

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Jennifer M. Fortin, Secretary