TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD
March 15, 2000
MINUTES NO. 00-1
Betty Preece, Chairman
Orlando Brillante
Cliff Hirsch
Raymond Young
Carroll Williams
Joe Colombo, Town Attorney
Mark Gager, Prosecuting Attorney
Kathy Maynor,
Code Enforcement Officer
Shirlee Walker, Secretary
1. CALL
TO ORDER 7:00 P.M.
Chairman Preece
called the meeting to order at 7:00 pm.
2. ROLL CALL
The Secretary called the roll.
3. ELECTION OF OFFICERS
Mr. Brillante
moved that Mr. Campbell be nominated as Vice Chairman. Mr. Young seconded.
Motion passed unanimously.
4. APPROVAL OF PRIOR MEETING MINUTES
Mr. Brillante moved to approve Minutes No. 99-3, July 13, 1999 as
distributed to the Board. Mr. Williams seconded. Motion passed unanimously.
5. OPENING
STATEMENT
Chairman Preece
read the opening statement.
6. VIOLATION HEARINGS
A.
CEB No. 00-01 Angelo Bonafiglia
42 Van Cleef St.
Seneca Falls, NY 13148
Site in violation- 321 Sixth Ave, Indialantic, Fl. 32903 (Bonadent)
17-107
All industrial or manufacturing uses are prohibited
17-125 (1)(i) Permitted uses:
Professional activities that do not involve manufacturing
5.5-71
All fences and walls shall be kept upright
Atty. Gager
advised the Board that he has spoken with the respondent and the respondent’s
attorney, Brad Bettin, and an a proposed agreement has been
reached. He acknowledged that the large number of people present had a vested
interest in the outcome of this proceeding and some of them would like to speak
to the Board.
The Board did
not object to hearing from members of the audience but questioned whether
testimony not related to the violation on hand should be heard.
Atty. Gager
informed the Board that it was at their discretion.
Brad Bettin,
Attorney for Mr. Bonafiglia did not object to this testimony.
Ken Golen, 324 7th
Avenue, stated that he lives behind and to the west of BonaDent, the business
owned by Mr. Bonafiglia. He complained about odors and noise due to a
compressor, as early as 5:15 am. He also stated that at times, cars are parked
4 deep in the parking lot. He views this as a hindrance for the Fire Department
in case of fire.
Audrey Hughes,
325 6th Avenue, lives next door on the west side of BonaDent. She
complained about noise, trash and cars at all hours.
Robert Callahan,
owner of the BonaDent Sixth Avenue Dental Lab property at 321
241 6th Avenue expressed his concern for the business owners.
Louis Postma,
has a dental practice at 112 4th Avenue. Mr. Postma spoke in favor
of the dental labs when not intrusive to neighboring dwellings. He explained
that in the past, dental labs were a part of a dental business, but eventually
expanded and became a separate business. He advised the Board that a lot of
businesses in Town could be considered manufacturers.
Atty. Bettin informed the Board of the history of
BonaDent. He stated that 3 building permits have been issued over the years.
Two of these permits were for expansion. Inspections followed the construction
with no one ever mentioning that there were any violations involved at this
location. Occupational Licenses were issued to BonaDent as a dental lab doing
manufacturing. Atty Bettin alluded to a A letter to BonaDent
from former Town Manager John Lynch was read to the Board. Mr. Lynch,
responding to complaints by area residents’ complaints of noise and
odors, investigated and advised Mr. Bonafiglia to limit outside activities of
the night crew after 10:00 pm. Mr. Lynch also encouraged Mr. Bonafiglia to make
every effort to ensure odors remain within the confines of the workplace.
In this letter, BonaDent was also advised that the Code requires a solid wall 6’ high. The wall was to be erected within a five-year period (before April 11, 2001). A wooden fence was erected in the interim
Mr. Bettin related referred to the proposed
agreement between the respondent and the Town Prosecutor, Mark Gager.Using
the April 11, 2001 date, he Atty Bettin requested that BonaDent
be left alone permitted to continue it’s present operation until
that date, at which time they it will leave. Mr. Bettin admitted
that the violations were valid and that they BonaDentit would not
be exempt from further citations of violations. They It desires
to operate quietly and leave when the time comes allowed to continue.
Mr. Bettin requested that BonaDent be allowed to double park unless
arrangements can be made to park nearby. Mr. Bettin added that the Town Council
should resolve this issue.
Mr. Gager
informed the Board that any penalties against BonaDent, should they not leave
the area, would be up to the Board to decide. He also stated that manufacturing
was not well defined in the Code.
Mr. Bonafiglia advised
the Board that each expansion represented a 20% increase in business. He now
has 18 employees working two shifts. Hours are from 7 am to 7 pm.
Chairman Preece
stated that the Sunset Ordinance Review Committee, of which she is a member,
reviews codes for clarification, contradictions and omissions. She suggested
that this ordinance be referred to the sunset Review Committee for
clarification of manufacturing. Any suggested changes in the code would be
forwarded to the Town Council.
Mr. Brillante agreed
that this should go to the Town Council for due process.
Chairman Preece
closed the hearing for deliberation.
After
deliberation, the Board requested that a written copy of the stipulated
agreement between the two attorneys be presented to the Board at least one week
prior to the next meeting. A copy of the letter to Mr. Bonafiglia from Mr.
Lynch was also requested.
Mr. Williams
moved to table this matter until the next meeting. Mr. Hirsch seconded. Motion
passed unanimously.
Mr. Brillante moved
that the Board reserve ruling on resolution of this matter until next meeting.
Mr. Hirsch seconded. Motion passed unanimously.
7. VIOLATION
HEARINGS PENDING
None
8. REPORTS
OF COMPLIANCE WITH PREVIOUS ORDERS
248 Island Avenue
E. Moline, IL 61244
402 Fifth Avenue, Blk. 7, Lot 15
Town Code Section 5.5-64 parking lot in disrepair
B.
CEB No. 99-7 Mr. Michael
Mann
COMPLIED
101 Fifth Avenue
Indialantic, Fl. 32903
110 S. Miramar, Blk. 27, Lots 13-16
Town Code Section 17-106.2(2)(A) portable sign on side of street
C.
CEB No. 99-9 Ralph & Louise
DeGraw COMPLIED
21 Joyce Ct.
Milford, CT 06460
1601 S. Shannon, Blk 97, Lot 18
Town Code Section 5.5-67(2), 5.5-68(b) grass over 8”, faded/peeling paint
.
D. CEB No. 99-10 Madelyn & Thomas
Hurley COMPLIED
PO Box 41
White Springs, FL 32096
339 Miami Avenue, Blk. 82, Lots 5,6
Town Code Section 5.5-71 fence sections broken and
deteriorated
(Carried over from July 13, 1999 meeting)
9. REPORTS OF
NON‑COMPLIANCE WITH PREVIOUS ORDERS
None
10. OLD BUSINESS
None
11. NEW BUSINESS
Chairman requested
that the next meeting start 15 minutes earlier to allow Atty. Gager and Atty.
Colombo time to address the Board.
12. ADJOURNMENT
Chairman Preece
adjourned the meeting at 8:30pm. . Next meeting 6:45 pm April 11, 2000.