01/24/06CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
7:00 P.M., January 24, 2006
Call to Order: PRESENT: Carl Russell Co-Chairman
Velda Wells
Ray Breault
Ron Pendleton
Mamie Hurd
Barbara Weiss
Richard Ouellette
AND: Alex Sherrer, Code Enforcement Officer
Susan Gorman, Secretary
Co-Chairman Russell called the meeting to order at 6:58 p.m., followed by the Pledge of
Allegiance to the Flag by all present.
''' Co-Chairman Russell requested that the roll be read. Secretary Gorman read the roll and
determined that there was a quorum.
1. Approval of the Minutes of the Regular meeting held on September 13, 2005
Following a brief review, the Board voted unanimously to approve the minutes of the Code
Enforcement Board meeting of September 13, 2005. Ray Breault motioned to approve the
minutes from Sept. 13, Mamie Hurd seconded and the motion carried unanimously.
2. Recognition of Visitors and Guests regarding any matters not listed on the agenda
None.
3. Approval of old minutes
No need to address.
4. New Business:
Co-Chairman Russell introduced the newest Board Member, Velda Wells, and alternate Board
Member, Richard Ouellette.
Page 2.
January 24, 2006
5. Old Business:
a. Case #165-05: Mr. Benjamin Brown, 457 Sailfish Dr.,- Outside Storage/Illegal
Business. Code Enforcement Officer Sherrer reported the Respondent is not in compliance
b. Case # 839-04: Mr. Benjamin Brown, 457 Sailfish Dr.,- Unsound Fencing/Illegal
Structure. Mr. Brown is now in compliance reported Code Enforcement Officer Sherrer.
6. Appeal: Mr. Benjamin Brown appealed the fines imposed under OLD BUSINESS.
Co-Chairman Russell swore Mr. Brown in as a witness for his appeal. Mr. Brown declared
health problems and stated his willingness to pay fines, but asked the Board to allow additional
time. Board Member Weiss addressed Mr. Brown's case #165-OS and expressed concern that
Mr. Brown's property has been in violation for a long period of time. Board member Weiss
expressed the need for resolution and expressed concern for Mr. Brown's need to come in
compliance with Atlantic Beach City code.
Board Member, Mamie Hurd agreed that compliance must be met in order to fairly uphold
community standards. Alternate Board Member Ouellette asked if Mr. Brown has considered the
possibility of relocating his business to a Commercial site. Mr. Brown responded that he can't
afford to.
Attorney Suzanne Green asked if this Board can hear an appeal to reduce or withdraw fines that
have been levied by the City. Attorney Jensen confirmed the Board has previously considered
and acted on appeals.
Alex Sherrer provided photographs recently taken of Mr. Brown's back yard for the Board's
review. Board Member Ron Pendleton inquired about Mr. Brown's plan to clean his yard. Co-
chairman Carl Russell asked Mr. Brown for specifics of his appeal. Mr. Brown replied that he is
unable to pay the entire fine at this time, but payments have been made. Board Member Russell
asked the Code Enforcement Officer about the options left for the Board with regard to Case
#165-05. Board Member Weiss advised that no decision should be made regarding fines until
compliance is met. Co-Chairman Russell asked the Board for a motion. BarbaraWeiss motioned
to delay decision until compliance is met, Richard Ouellette seconded the motion. Co-Chairman
Russell asked the Board for a roll call vote to accept the motion put forth by Barbara Weiss.
Board Members unanimously voted yes and the motion carved unanimously.
Page 3.
January 24, 2006
7. HEARINGS:
Case #255-OS-Mr. James David Wilson was sworn in. Code Enforcement Officer Sherrer
advised that junk vehicles have been removed, but rubbish remains. Alex recommends the
Board find the Respondent guilty and give 60 days to comply. Fines should be deferred until the
end of 60 days for the first time offender. Mr. Wilson asked for additional time to come in
compliance. Board Member Mamie Hurd motioned to give Mr. Wilson 90 days to come into
compliance. Velda Wells seconded and the motion carried unanimously.
Animal Control cases:
Case #855-OS - Ms. Winkler -Case was delayed due to health problems (hospitalized)
Case #753-OS- Donald Nee- Did not attend and was found guilty. The Board agreed with Alex`s
recommendation to give the Respondent until February 17th to pay the original fine.
Administrative fees will be assessed if the Respondent fails to comply. Ron Pendleton motioned
to accept Alex's recommendation, Ray Breault seconded and the motion carried unanimously.
8. Board Member Comments:
Co-Chairman Russell proposed that Board members consider nominations for a future Board
Chairman and prepare to discuss at the next Code Enforcement meeting. A report was provided
by Alex to Board members concerning Code violations that have been addressed to date. Correct
email addresses were provided by three Board Members, Barbara Weiss, Richard Ouellette, and
Ron Pendleton.
9. Adjournment:
The Code Enforcement meeting adjourned at 7:55 p.m.
a~~/V
Co-Chairman, CEB
ttest:
~---
usan Gorman, Secretary