1986.03.19_CEB_Minutes_RegularI
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TOWN OF HIGHLAND BEACH, FLORIDA
. CODE ENFORCEMENT BOARD
REGULAR MEETING
MARCH 19, 1986 10:00 A.M.
The Regular Meeting of the Code Enforcement Board, Town of Highland
Beach, was called to order at 10:00 A.M. by Chairman Robert F. Scholz.
The recording secretary called the roll. Present were Ellen Gerber,
Messrs. Robert Scholz, Theodore Boepple, Alfred Novak, Edward Pearl -
stein and Joseph Sieff.
Also present were Code Enforcement Officer/Building Inspector Anthony
Abbate, Town Attorney Thomas Sliney, Recording Secretary Anne Kowals
and a few Town residents.
Secretary/Vice Chairperson Gerber read the minutes of the Regular Meet-
ing held on February 19, 1986. The minutes were amended to indicate
that Mrs. Gerber was not in favor of the MOTION stating Mr. Mac Kay
was to remove the nonconforming structure.
Mr. Boepple made a MOTION, seconded by Mr. Pearlstein, to accept and
• approve the Workshop Meeting Minutes of February 19, 1986 as submit-
ted. All members were in favor of the MOTION.
A MOTION by Mr. Boepple, seconded by Mr. Pearlstein, to accept and ap-
prove the Regular Meeting Minutes of February 19, 1986 as amended.
The MOTION carried unanimously.
OLD BUSINESS
Secretary/Vice Chairperson Gerber MOVED that Citation #2254 regarding
the De Josephs was satisfied. All members were in favor of the MOVE
which was seconded by Mr. Boepple.
Citation #2257, issued to James Mac Kay has not been satisfied, said
Chairman Scholz.
Code Enforcement Officer/Building Inspector Anthony Abbate advised the
members that Mr. Mac Kay is proceeding to remove everything installed
without a permit.
Chairman Scholz stated Mr. Mac Kay did not apply for a permit because
he knew it would not be approved. Mr. Mac Kay spent $70,000. on the
• structure constructed through subterfuge. The nonconforming building
was camouflaged by the fence, continued Chairman Scholz.
CODE ENFORCEMENT BOARD
Regular Meeting
• March 194, 1986 Page 2 of 4
Town Attorney Sliney said Mr. Mac Kay is out of order, the building is
clearly a nonconforming structure.
Chairman Scholz advised members that the Code Enforcement Officer said
Mr. Mac Kay is in the process of removing the violation under Citation
#2257 which will be held in abeyance.
Secretary/Vice Chairperson Gerber read into the minutes the ORDER is-
sued to Mr. Mac Kay on February 19, 1986 allowing thirty working days
(from receipt of ORDER) for compliance.
The Code Enforcement Officer stated thirty working days is sufficient
time for removal of the nonconforming structure.
Mr. Mac Kay personally accepted the ORDER from the recording secretary
on February 25, 1986. Therefore, the violation must be completely re-
moved by April 7, 1986 or Mr. Mac Kay will be subject to a daily fine
until the said ORDER is complied with.
Chairman Scholz said a Special Meeting will be called on April 8, if
necessary, to determine the amount of the fine (not to exceed $250.
• per day) to be imposed.
Secretary/Vice Chairperson Gerber read into the minutes the ORDER is-
sued to Brian Kirk, Project Manager at Highlands Place, and ORDER is-
sued to Mr. & Mrs. De Joseph.
It was suggested the De Josephs be notified Citation #2254 has been
satisfied with the removal of the two illegal brick parking spaces.
Town Attorney Sliney said it is not necessary to notify Mr. Mac Kay
of the Special Meeting because the Code Enforcement Board is deter-
mining if Mr. Mac Kay complied with an old order.
NEW BUSINESS
Citations #01163 and #2261 - Robert Gore, Enclaves of Boca Cove
Chapter 18, Sec. 18.11 (8) working
before 8 A.M. (both citations).
Code Enforcement Officer/Building Inspector Abbate said after two ver-
bal warnings, he issued Citation #2261 for working at the Enclaves of
Boca Cove construction site before 8 A.M. Neighbors complained about
• the noise.
F,
CODE ENFORCEMENT BOARD
Regular Meeting
is
March 19, 1986 Page 3 of 4
Mr. Robert Gore, general contractor at Enclaves of Boca Cove, said the
regulated hours (8 A.M. to 6 P.M.) are posted at the site and all crews
were informed of the working hours.
Mr. Gore explained that due to heavy rains the day before, a carpenter
was out cutting 2 x 4's for forming in preparation for an early call
for cement pouring which we have no control over.
A delivery truck, continued Mr. Gore, arrived at the site before anyone
was there. The trucks are on an early schedule, said Mr. Gore; however,
they have been informed that they will be subject to fines if they make
deliveries prior to 8 A.M. The delivery truck was beyond our control.
When Mrs. Gerber stated a developer can notify the city and request
permission for an early start, Mr. Gore said if he were at the site,
he would not have allowed them to start early.
Code Enforcement Officer Abbate said one has control over scheduling
pouring - it is the finishing of the concrete that is critical.
Dr. Sieff made a MOTION stating the Code Enforcement Board discussed
• everything, they were given warnings, they are not to do that again.
Secretary/Vice Chairperson Gerber seconded the MOTION which carried
unanimously.
Chairman Scholz added a repeat violation will result in a fine.
The only matter pending, said Chairman Scholz, is the Mac Kay case;
however, he is trying to comply. The Code Enforcement Officer will
keep the members informed of the status of Mac Kay's property.
Town Attorney Sliney said Mr. Mac Kay should be advised that he must
comply with the ORDER by April 7, 1986 or the Code Enforcement Board
will levy a fine at a Special Meeting.
Chairman Scholz scheduled the next meeting of the Code Enforcement
Board on Wednesday, April 16, 1986 (Workshop at 9:30 A.M. - Regular
at 10:00 A.M.).
Mr. Pearlstein made a MOTION, seconded by Mr. Boepple, to adjourn the
Regular Meeting. All members were in favor of the MOTION.
• Chairman Scholz adjourned the Regular Meeting of the Code Enforcement
Board at 11:50 A.M.
CODE ENFORCEMENT BOARD
•
•
0
Regular Meeting
March 19. 1986
ATTES
Date:
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Paqe 4 of 4
APPROVED:
Robert Scholz, Chairman
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Ellen Gerber, V. Chmn./Secy.
Alfred. Aovak - r
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Theodo Boepple
Edward Pearlstein
rffoseA Sieff