TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
SPECIAL CODE ENFORCEMENT BOARD
November 9, 2000 Town Hall 7:30 PM
MINUTES NO. 01-02
Betty Preece, Chairman Todd Harrison
Ronald Campbell, V. Chairman
Orlando Brillante
Cliff Hirsch
Raymond Young
Carroll Williams
Paul Gougelman, Town Attorney
Mark Gager, Prosecuting Attorney
Stan Krulikowski, Code Enforcement Officer
Shirlee Walker, Secretary
1. CALL TO ORDER 7:30 P.M.
Chairman Preece called the meeting to order at 7:30 p.m.
2. ROLL CALL
The Secretary called the roll.
3.APPROVAL OF PRIOR MEETING MINUTES
Mr. Campbell moved that Minutes No. 01-01 October 11, 2000 be approved as written. Mr. Hirsch seconded. Motion passed unanimously.
4. CONSIDERATION OF “MOTION FOR REHEARING” CEB NO. 00-10 – FILED BY PATRICIA WEBB AKA PATRICIA HARTMAN
Atty. Mark Gager informed the Board that he and Atty. James Beadle had discussed a proposed Stipulated Agreement between Patricia Webb/Hartman and the Town.
Atty. James Beadle stated that Patricia Webb /Hartman agreed that the rear yard was not in compliance at the time the Notice Of Hearing was received but compliance had been met at the time of the Hearing. He requested that the violation regarding the van be removed from the Order maintaining that the van had never been “inoperable.” The proposed agreement would eliminate the necessity of a rehearing.
At this point Atty. Gager stated that he doesn’t have a problem removing the violation regarding the van but needed proof tonight that the van was operable.
Mr. Brilliante questioned the van now being operable since at the previous meeting it could not be ascertained if the vehicle was road worthy or if it would pass a safety test.
Mr. Hartman left the meeting at 7:35 to bring the van to Town Hall.
Atty. Beadle offered photographs showing compliance in the rear yard; Atty. Gager would not accept the photos into evidence.
Atty. Gougelman inquired if it was possible to have the Code Enforcement Officer inspect the property.
Ms. Webb informed her attorney that it was possible to look from outside the fence.
Atty. Beadle requested a brief moment to confer with his client after which he stated to the Board that the Code Enforcement Officer could take 2 or 3 steps into the yard.
Atty. Gougelman asked that Atty. Beadle and Atty. Gager work out a Stipulated Agreement and in the meantime have the property checked for compliance. Atty. Gougleman also stated that the Stipulated Agreement could vacate the prior Order.
Atty. Gager stated that he has a problem with the Code Enforcement Officer not being allowed onto the property and the lack of cooperation from the respondents. He will work with Atty. Beadle in good faith if the Board wants the Stipulated Agreement.
Mr. Young asked again if the Code Enforcement Officer would be allowed to establish compliance to her satisfaction and asked how far she could go onto the property.
Atty. Beadle conferred with Ms. Webb and informed the Board that he would be present upon any inspection.
Mr. Campbell moved to follow Atty. Gougelman’s advice and wait for a Stipulated Agreement to be drawn up between the attorneys within a reasonable time for the Board to review prior to next meeting. Mr. Williams seconded.
Upon discussion Mr. Campbell questioned removing the van from the Stipulated Agreement. Mr. Campbell feels that this should continue as a repeat offense.
Mr. Hirsch stated that the respondent had ample opportunity to comply and the Stipulated Agreement should include a fine. He feels it would be an injustice to do eliminate the fine.
Mr. Hartman returned with the van at 8:05 p.m.
Atty. Gougleman requested that the Stipulated Agreement be returned to Town Hall by November 30, 2000 and distributed to the Board before scheduling a meeting. If the Stipulated Agreement is acceptable, the Board could vacate the previous Order.
After discussion the Board voted. Motion passed unanimously.
5. ADJOURNMENT
The meeting adjourned at 8:30 p.m.
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Betty Preece, Chairman
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Shirlee Walker, Secretary