5-12-09 CEBMtg.MinutesCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
7:00 P.M., May 12, 2009
Call to Order: PRESENT: Chairman Carl Russell
Vice-Chairman Ron Pendleton
Veda Bernstein
Juliette Hagist
Ray Martin
Richard Ouellette
Barbara Weiss
Nicholas Dodaro, Alternate
AND: Alex Sherrer, Code Enforcement Officer
Susan Gorman, Secretary
Suzanne Greene, Prosecuting Attorney
Alan Jensen, City Attorney
Chairman Carl Russell called the meeting to order at 7:00 p.m., followed by the Pledge of
Allegiance to the Flag by all present.
Secretary Susan Gorman read the roll and determined that there was a quorum.
Code Enforcement Officer Sherrer introduced new Alternate Board Member Nicholas Dodaro
1. Following a brief review, the Board voted unanimously to approve the minutes of the Code
Enforcement Board meeting of March 10, 2009.
Chairman Russell asked all Respondents and witnesses to step forward to be sworn in.
2. OLD BUSINESS:
a. Case # 414-08: Mr. Randolf O. Wilson, 37 West 8th Street; Code Enforcement Officer
explained the efforts by Mr. Wilson to cover his chain link fence, but recommended the
Board find the Respondent guilty. Mr. Wilson addressed the Board. Ray Martin noted that
Mr. Wilson was absent from the previous hearing. Discussion ensued. Board Member Ray
Martin motioned for the Board to reconsider their earlier decision made at the March 10th
meeting, and allow Mr. Wilson more time for his plants to substantially cover the fence at
his property and if the Board finds Mr. Wilson isn't in compliance by the next regular
meeting scheduled for July 14, 2009, Mr. Wilson can be fined for non compliance. Member
Richard Ouellette seconded. Chairman Russell requested a roll call vote.
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May 12, 2009
Votes:
Aye: Hagist, Martin, Ouellette, Pendleton, Russell, Weiss
Ney: Bernstein
Motion carried.
3. New Business:
a. Case #11-09: 3952 Mayport LLC, 3952 Mayport Road; Respondent did not appear
before the Board and City Attorney Alan Jensen reported no communication from the
Respondent. Officer Sherrer recommended the Respondent be found guilty and given two
weeks from the time of receipt of Finding of Fact to come in compliance. Failure to come
in compliance will result in fines and administrative fees. Veda Bernstein motioned to
adopt the recommendation of the Code Enforcement Officer, Ray Martin seconded.
Chairman Russell requested a roll call vote. Motion carried unanimously.
b. Case #148-09: Bruce L. Smith, 417 E. Sailfish Drive; Respondent did not appear before
the Board. Officer Sherrer recommended the Board find the Respondent guilty. Richard
Ouellette motioned to give the Respondent seven (7) days from the time of receipt of Fact
of Finding to come in compliance. Failure to come in compliance will result in fines and
administrative fees. Juliett Hagist seconded. Motion carried unanimously.
c. Case # 911-08: Pouran Ashorian, 1770 Mayport Road; Officer Sherrer advised the Board
of efforts by the Respondent to come in compliance, but recommended the Board find the
Respondent guilty and determine a time line for the Respondent to come in total
compliance. The Respondent addressed the Board and requested additional time to come
in compliance. Discussion ensued. Veda Bernstein motioned to allow the Respondent
one hundred and twenty days or up to the Code Enforcement Board meeting scheduled
for September 8, 2009, to come in full compliance or demonstrate effort by contracting a
service to bring the property at 1770 Mayport Road in full compliance. Failure to come
in compliance or show a signed contract will result in fines and administrative fees.
Richard Ouellette seconded. Chairman Russell requested a roll call vote. Motion carried
unanimously.
d. Case # 58-09: Kimberly Peters, 735 Bonita Road; Officer Sherrer addressed the Board.
The Board heard testimony from the Respondent and her tenant. Officer Sherrer
recommended that the Respondent be found guilty and given thirty (30) days to come in
full compliance. Juliette Hagist motioned to give the Respondent thirty days to come in
compliance; fines and administrative fees will be pending unless compliance is met. Ray
Martin seconded and the motion passed unanimously
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May 12, 2009
e. Case #427-08, Rena Koenig, 981 Sailfish Drive; Officer Sherrer gave his presentation.
The Respondent did not appear before the Board due to health issues. Alex informed the
Board that volunteers are available to assist with bringing the property in compliance.
Several neighbors to the Respondent addressed the Board. Discussion ensued. Ray
Martin motioned to find the Respondent guilty and allow thirty (30) days from time of
Receipt of Finding of Fact to come in compliance; fines and administrative fees will be
waived pending compliance. Juliette Hagist seconded and the motion passed
unanimously.
4. Miscellaneous: Officer Sherrer advised the Board of a proposed Ordinance currently
before the Commission that would allow the Code Enforcement Board to hear nuisance
cases. Discussion ensued. The Code Enforcement Officer took questions from the Board.
5. Adjournment: The Code Enforcement meeting adjourned at 9:00 pm.
Carl Russell, CEB Chairman
Attest:
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Susan Gorman, Secretary