1983.09.09_CEB_Minutes_Special0
TOWN OF HIGHLAND BEACH, FLORIDA
CODE ENFORCEMENT BOARD
SPECIAL MEETING
September 9, 1983
10:00 A.M.
Mr. Scholz called the special meeting to order at 10:00 A.M.
Mrs. Gerber called the roll. Members present: Robert Myers, Alfred
Novak, Robert Scholz, John Chironna, Albert Approbato and Ellen Gerber.
Mr. Sherbondy was absent. Also present were: Elaine W. Roberts,
Town Manager; Thomas Sliney, Town Attorney; Anthony Abbate, Code
Enforcement Officer and Rita Ebersole, Deputy Town Clerk.
Mrs. Gerber announced that the Chairman of the Board, Mr. Soll Roehner,
had resigned and Mr. Scholz, Vice -Chairman, chaired the meeting.
This special meeting was called to discuss Citations 2218 through
2224 which were issued to J.H.L. Inc., Jeff Hackman, Pres., 891 East
Palmetto Park Road, Boca Raton, Fla. 33432, from September 2nd through
September 8th, 1983. These citations were issued because the historic
tree on the Edgewater property was damaged, and no permit was issued
for trimming.
• At the request of Chairman Scholz, Tony Abbate, Code Enforcement
Officer explained in detail the reasons for issuing these citations.
Mr. Jeff Hackman appeared and was sworn in. He stated that on last
Thursday, September lst, excavators were on the property to put in a
driveway. They removed broken branches from the ground with their
equipment. Mr. Abbate told him about a complaint received from Mrs.
Scanlon of Penthouse Highland. He brought a tree expert with him to
this meeting. Mrs. Roberts called Mr. Hackman and asked him to protect
the tree with some solution or tar on the broken branches. On Friday,
they applied for a permit but were denied.
Mrs. Roberts pointed out that the tree was cut and damaged on Thursday;
one day before a person came to Town Hall to apply for a permit.
Mrs. Gerber and Mr. Myers were in agreement that the $2,000 bond which
was posted, should be forfeited and a fine should be levied for trimming
without a permit.
Mr. Brooks, Nursery specialist, appeared and was sworn in. He
guesstimated that the tree could be anywhere from 30 to 70 years old.
Mr. Brooks testified that although the limbs are not replacable, the
tree did need pruning and care. He recommended that the limbs be
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Town of Highland Beach
Code Enforcement Board
Special Meeting
September 9, 1983
Page 2 of 3
trimmed closer to the trunk but said the branches were painted and
the tree is being properly preserved now. Mr. Brooks said heavy
equipment should not damage the root system as long as it is kept
5' to 6' away from the trunk.
Mr. Keith Griffin, Excavator, appeared and was sworn in. He said
they dug down about 8' to 10' away from the tree and did not encounter
any root system.
Attorney Sliney stated it is difficult to determine what had broken
off the tree before construction, but a good portion has been cut
without permit. He, therefore, felt forfeiture of the bond would be
an appropriate remedy. He also said the Board could issue an Order
to take all steps to protect the tree and if any other violations
occur on the property, they would be subject to a fine of $250 per day.
Mrs. Gerber suggested that if a permit is obtained, a new bond should
be issued.
u)a-� �
The following motion waz maAP by Mr. Myers and seconded by Mrs. Gerber.
1. $2,000 bond be forfeited according to the Code of Ordinances,
Chapter 28 Z.
2. Apply for a permit to properly trim the historical tree on
Edgewater property for Town Commission approval.
3. Post a $5,000 bond with the Town of Highland Beach according
to Chapter 282, Section 23(c), Code of Ordinances.
4. Hire a qualified organization to take proper care of this
historical tree in the future.
5. Any future violations at this site, will result in a fine
of $250 per day.
After some discussion, all members voted Aye on this motion.
Since Chairman Soll Roehner resigned, Mrs. Gerber called for
nominations for a new Chairman or election of Mr. Scholz. Mr. Novak
nominated Mr. Scholz and Mr. Approbato seconded. Mr. Scholz
nominated Mr. Myers as Vice Chairman. All agreed.
Town of Highland Beach
• Code Enforcement Board
September 9, 1983
Special Meeting
11
Page 3 of 3
The Board is lacking two members and Mrs. Roberts explained that
the Town Commission is reviewing recommendations.
Mr. Chironna moved to adjourn the meeting at 11:35 A.M. Seconded
by Mr. Novak and all agreed.
APPROVED: '`\�
Robert Scholz, Chairman
C
Robert Myers, V' e-Chairman
Ellen Gerber, Secretary
CGi*Z%=C L,
Albert Approjbfato
U
AlfroAd Novak
ATTEST:
Date: