TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD
April 11, 2000 Town
Hall 7:00 PM
MINUTES NO. 00-2
MINUTES OF A CODE ENFORCEMENT MEETING HELD IN THE INDIALANTIC TOWN HALL ON APRIL 11, 2000.
This meeting was tape-recorded. Records are indexed and filed for ready reference where such have been summarized in typed minutes.
Orlando Brillante
Ronald Campbell
Cliff Hirsch
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 P.M.
2. ROLL CALL
The secretary
took the roll call.
3. APPROVAL OF PRIOR MEETING MINUTES
Mr. Hirsch moved and Mr. Campbell seconded, that Minutes No. 00-01 March
15, 2000 be approved with the following corrections:
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
Robert Callahan,
owner of the BonaDent Sixth Avenue Dental Lab property at 321
241 6th Avenue, expressed his concern for the business owners.
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.
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.
Atty. 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 the Indialantic location. Mr. Bettin admitted that the
violations were valid and that they BonaDent would not be exempt
from further citations of violations. They It desires to
operate quietly and leave when the time comes.
Motion passed
unanimously.
3. OPENING
STATEMENT
Chairman Preece
read the Opening Statement.
5. VIOLATION HEARINGS
A. CEB No. 00-01
Angelo
Bonafiglia Tabled
from March 15, 2000 Meeting
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
Code Enforcement Officer, Kathy Maynor verified that Violation 5.5-71 has been
corrected.
Atty. Gager
provided the Board with a copy of the proposed Stipulated Order. This order has
been delayed due to negotiations between Atty. Bettin and Atty.Gager.
A copy of the
latest version of the proposed agreement was given to the Board. Atty. Gager
requested that the Board delay any action on this case, allowing themselves
additional time to review the latest version of the proposed agreement.
Mr. Campbell
moved that this case be tabled until the next meeting. Mr. Brillante seconded.
Mr. Hirsch
stated that he was ready to vote on this case. He felt the BonaDent owners
shouldn’t have to come back again. Mr. Williams agreed.
Chairman Preece
closed the meeting for deliberation.
Atty. Colombo
advised the Board that Atty. Gager was representing the best interest of the
Town and advised the Board to delay this issue.
Motion passed
unanimously to table CEB 00-01 until the next meeting.
B. CEB No. 00-02
Maria
Enterprises
41 Marina Isles Blvd.
Indian Harbor Beach, FL 32937
Site in violation – 110 Wavecrest Avenue, Indialantic, FL. 32903 (Loco Lobster)
17-106(5)(a) Business signage without
permit
The above case came into compliance before hearing.
C. CEB No.
00-03 Wendy Adamosky
106 10th Avenue
Indialantic, Fl. 32903
17-103 (3) (a) Boat on
trailer in driveway
Atty. Gager
requested that the Board accept the testimony of Code Officer Maynor for all
the hearings tonight. There was no objection from the Board.
Ms. Maynor
gave her report showing pictures of the boat parked in the driveway. She
advised the Board that Ms. Adamosky is now in compliance and this case is being
presented as a continuing violation.
Atty. Colombo
swore in Ms. Adamosky who explained that the boat would now be kept behind the
property line and not in the driveway. She stated that her husband is
semi-retired and uses the boat frequently.
Chairman
Preece closed the hearing for deliberation.
Mr. Brillante
made a motion to find Ms. Adamosky currently in compliance of 17-103 (3)(a).
Since this motion is presented as a continuing violation, a reoccurrence of
this violation would bring a fine of $25.00 per day until the violation is
corrected.
Motion died
for lack of a second.
Mr. Williams
moved to declare CEB No. 00-03 in compliance and dismiss it. Mr. Hirsch
seconded.
After
discussion the motion carried with Mr. Campbell and Chairman Preece voting
“nay.”
D. CEB No. 00-04
Charlton LaBelle
706 N. Palm Avenue
15-33 and 15-34 wrecked/inoperative vehicle
with no license tag
The above case came into compliance before hearing.
E. CEB No. 00-05
Bert Lee
131 Miami Avenue
Indialantic, Fl. 32903
17-106 (5) (a)
erecting sign without permit
Site of violation – 138 5th Avenue (Beach One)
Code Officer
Maynor gave her report concerning the above case. She presented photographs of
two temporary signs for phone cards erected on a detached sign (blank) and a
phone card sign attached to the front door of Beach One (the business licensed
to do business at this location.)
Tenant, George
Bodfish, presented a sign permit he received today. He stated that he applied
for this permit over a month ago and he just received it today. The permit did
not indicate the location of the sign or the wording on the sign. He stated
that the application he presented to the Building Official was for all of the
signs.
After discussion
Mr. Campbell moved to table any action on this case pending further
investigation regarding the sign permit. Mr. Hirsch seconded. Motion passed
unanimously.
F. CEB No. 00-06
Victoria Manrodt
1010 Wavecrest Avenue
Indialantic, Fl. 32903
17-105
(5)
stagnant swimming pool
Ms. Maynor
reported to the Board that the pool water was stagnant creating a breeding
location for mosquitoes that constitute a safety hazard for the community. A
broken pump prevents the water from circulating. This case is being presented
as a continuing violation.
Mr. Hirsch moved
that Ms. Manrodt be found in violation of Code Section 17-105(5) and be given
three days from receipt of “Findings of Fact, Conclusions of Law and Order” to
come into compliance. Upon the fourth day a fine of $50.00 per day be imposed
until compliance is met. Mr. Brillante seconded.
After discussion
Mr. Hirsch amended his motion as follows:
Mr. Hirsch moved
that Ms. Manrodt be found in violation of Code Section 17-105(5) and be given
ten days from receipt of “Findings of Fact, Conclusions of Law and Order” to
come into compliance. Upon the eleventh day a fine of $20.00 per day be imposed
until compliance is met. Mr. Brillante seconded. Motion passed unanimously.
6. VIOLATION HEARINGS PENDING
None
7.
REPORTS OF COMPLIANCE WITH PREVIOUS ORDERS
None
8
REPORTS OF NON‑COMPLIANCE WITH PREVIOUS ORDERS
None
9. OLD BUSINESS
None
10. NEW BUSINESS
None
11. ADJOURNMENT
The meeting
adjourned at 8:40 pm. The next meeting will begin 15 minutes early in order for
the attorneys to address the Board.
Shirlee Walker,
Secretary
Betty Preece, Chairman