TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD
March 28, 2001 Town Hall 7:00 PM
MINUTES NO. 01-04
1. CALL TO ORDER 7:00 P.M.
Chairman Campbell called the meeting to order at 7:00 p.m.
2. ROLL CALL
The Secretary called the roll. All were present.
Raymond Young, V. Chairman
Todd Harrison, Member
Betty Preece, Member
Carroll Williams, Member
Mark Gager, Prosecuting Attorney
Stanley E. Krulikowski, Code Enforcement Officer
Shirlee Walker, Secretary
3. APPROVAL OF PRIOR MEETING MINUTES
Approval of Minutes No. 01-03, January 15, 2001
Mr. Brillante moved that Minutes No. 01-03 be approved as written. Mr. Williams seconded. Motion passed unanimously.
4. OPENING STATEMENT
The Chairman read the opening statement.
5. VIOLATION HEARINGS
CEB No. 01-01 Cliff Cook (Pending a decision of the Town Council)
401 N Riverside Place
Indialantic, Fl. 32903
Ms. Preece moved that CEB No. 01-01 be postponed until the May Code Board meeting. Mr. Williams seconded. Motion passed unanimously.
CEB No. 01-02 Joseph P. Gordon III
127 Tenth Avenue
Indialantic, Fl. 32903
Code Section 5.5-71 deteriorating fence
Code Section 4-19 dog creating nuisance
Code Section 10-13.1 loud disturbing noise
All violations have been corrected.
CEB No. 01-03 K & M Discount Corporation
215 Fifth Avenue
Indialantic, Fl. 32903
Code Section 5.5-66 parking lot in disrepair, spaces need to be striped, concrete bumpers repaired or replaced and parking lot landscaped and weeded.
All violations have been corrected.
6. REPORTS OF NON‑COMPLIANCE WITH PREVIOUS ORDERS
CEB No. 00-06 Victoria Manrodt
1010 Wavecrest
Indialantic, Fl. 32903
Repeat Violation of Code Section 17-105(5) Stagnant, unsanitary swimming pool
Fine of $20.00 per day beginning January 23, 2001
Atty. Gager informed the Board that Ms. Manrodt was not financially able to maintain the swimming pool and suggested that the Town fix the problem by draining and filling in the pool and put a lien on the property.
Mr. Brillante stated that this is a Code Board decision not the Town’s.
Code Enforcement Officer, Mr. Krulikowski was sworn in by Atty. Wattwood and informed the Board that as of March 27, 2001 the pool is still in noncompliance and that there are other problems that need to be addressed on the property.
After discussion Mr. Williams moved to send a letter advising Ms. Manrodt that this is a repeat violation and as of January 23, 2001 a fine of $20.00 per day has been accruing (giving the amount due at date of letter) and that a lien will be placed on the property. Mr. Young seconded. Motion passed unanimously.
This case will be brought back to the Board at the May meeting.
CEB No. 96-01 Lillian Ramey
230 Third Avenue
Indialantic, Fl. 32903
Repeat Violation of Code Section 5.5-68(b) Grass/weeds in excess of eight (8) inches in height
Fine/lien of $5.00 per day beginning February 15, 2001
Total lien as of January 7, 1999 - $935.00
Code Enforcement Officer, Mr. Krulikowski advised the Board that as of this date, the property is still in noncompliance.
After discussion Mr. Williams moved to send a letter advising Ms. Ramey that this is a repeat violation and as of February 15, 2001 a fine of $5.00 per day has been accruing (giving the amount due at date of letter). Mr. Young seconded. Motion passed unanimously
7. OLD BUSINESS
A. BonaDent-Request for Extension
Atty. Gager presented this case to the Board. He displayed paper work showing the property has been sold with a closing date set for July 1, 2001. Atty. Gager stated that he had no problem with the extension request date being changed from April 11 to May 28, 2001 without a fine being imposed.
Atty. Wattwood swore in Ms. Bonafiglia who advised the Board that the construction of a new building has been delayed several times but that BonaDent would be out of the present location by May 29, 2001. She had requested an extension date of June 29, 2001in a letter to the Board giving BonaDent a month to move and clean the building before the closing date of July 1, 2001.
Ms. Preece moved to amend the request by BonaDent giving them until May 29, 2001 before a fine starts.
During discussion Ms. Bonafiglia assured the Board that manufacturing would cease on May 28, 2001.
The original plan was to move in February but has been rescheduled for May 28. After moving, the building will be cleaned. This will take 3-4 weeks. No one will be manufacturing, but people will be going in and out cleaning.
Atty. Wattwood swore in Mr. Ken Golen of 324 Seventh Avenue. Mr. Golen informed the Board that he lives behind BonaDent Dental Lab and along with neighbors has tolerated the late night compressor noise, smells and aggravation of employees talking loudly and smoking practically in his window seven days a week. He stated that the compressor reverberates his house. He requested that the Board not grant an extension of time. He noted that residents with boats in their drive way don’t get a year to comply. If extension is granted, some kind of concession should be made; the best one to help the neighbors would be to limit the hours of operation. Possibly no business operations on Sunday and give the residents one peaceful day on the weekend.
Ms. Bonafiglia stated that a few weeks ago the compressor was on after 10:00 pm. A new employee was not aware that the compressor should not run after 10:00 p.m. A list of things that the employees are not supposed to do has been posted since the day of the last meeting almost a year ago. Ms. Bonafiglia further stated that in order to cut down on the noise, equipment has been insulated, bushes had been planted and a fence erected. Ms. Bonafiglia promised to abide by all other code regulation until the business moves.
Board member Mr. Williams asked Ms. Bonafiglia if BonaDent would be willing to close on Sundays thereby giving relief to the neighbors. Ms. Bonafiglia agreed to halt business on Sundays.
The Chairman closed the meeting for discussion.
Mr. Hirsch moved to modify the motion of Ms. Preece and accept the date of the May 29, 2001 deadline before a fine would start with the stipulation that BonaDent will cease all manufacturing on Sundays effective immediately. Ms. Preece seconded. Motion passed unanimously.
Chairman Campbell received clarification from Atty. Gager that if BonaDent has ceased business on May 29th but are in the building cleaning up, this would not constitute running a business and no fine would be imposed. He didn’t want an automatic penalty mode if all they were doing was cleaning.
Mr. Golen asked if the compressor or vacuum would be running after May 28th or 29th and if the cleanup crew would be there late at night slamming doors and making noise.
Ms. Bonafiglia replied that the compressor would not be running and that the only people present would be there to move equipment and clean the building. All activity would be during the day.
The Board discussed modifying the original agreement.
Atty. Wattwood clarified that if the violation was manufacturing, moving the final date from April 11th to May 28th would not alter original order except for the effective date being changed.
Mr. Brillante moved that the Code Enforcement Officer inspect the BonaDent property regularly after May 28, 2001 to verify compliance. Mr. Hirsch seconded. Motion passed unanimously.
8. NEW BUSINESS
There was no new business.
9. ADJOURNMENT
Chairman Campbell adjourned the meeting at 8:15 p.m.
Shirlee Walker, Secretary