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1987.04.29_CEB_Minutes_Speciali - - TOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD SPECIAL MEETING - MINUTES APRIL 29. 1987 10: API A.M. Vice Chairman Novak called the Special Meeting of the Code Enforcement Board, Town of Highland Beach, Florida to order at 10:00 A.M. The Recording Secretary called the roll. Present were Messrs. W. Paul, A. Novak, T. Boepple, E. Pearlstein, J. Sieff, E. Snyder and J. Boulay. Also present were Code Enforcement Officer A. Abbate, Board Attorney S. Abrams, Recording Secretary M. A. Mariano and interested Town residents. The first order of business, as suggested by Vice Chairman Novak, was the ratification of the election of William E. Paul as Chairman of the Code Enforcement Board, as directed at the Workshop Meeting held on April 15, 1987. Upon MOTION by Mr. Pearlstein, seconded by Mr. Boepple, the Chairmanship election of William E. Paul was ratified. This MOTION carried unanimously with favorable votes. At this point, Chairman Paul continued the meeting. Chairman Paul noted that the purpose of this Special Meeting was to take up four citations • regarding structures built above the building line at the Regency Highland. The citations cited were Citation No. 2266, Citation No. 2267, Citation No. 2268 and Citation No. 2270. These citations involved ownerships by Mr. & Mrs. Frank Morss, Mr. & Mrs. J. Morrison, Mr. & Mrs. G. Weisman, and Mr. & Mrs. H. Aeder, respectively. All violators were represented at this meeting by Attorney Larry Marchbanks. Attorney Abrams summarized the meeting held on April 15, 1987 indicating that these matters were carried over to this Special Meeting to assure adequate notice to the respondents and to try to determine a remedial method to resolve the matters. Attorney Abrams recommended to the Board that action be taken to assure improvement to the structure to bring them into compliance with the Fire Codes and other applicable Town Codes to the satisfaction of both the Fire Department and the Building Official. It was noted during the meeting that originally the intention of the citation was to request removal of the structures. Through discussions with both Attorney Abrams and Attorney Marchbanks, it was noted that the Town may have had knowledge of the structures being constructed during an earlier administration in Town, and that the appropriate action at this time would be to allow continuance of the structures assuring compliance with all Codes to assure safety to all the residents of Regency Highland. Code Enforcement Officer Abbate noted for the record that inasmuch as the structures could not be legally forced to be torn down, he agreed with the proposed ORDER as submitted by Attorney Abrams which gave each of the violators 90 days to bring their structures into compliance with s • CODE ENFORCEMENT BOARD Special Meeting - Minutes April 29, 1987 Page 2 of 4 the applicable Fire and Town Codes, including the provision of sprinkler systems tied into the main building sprinkler system and providing for fire alarms on the rooftop structures. It was noted that Attorney Marchbanks felt one of the structures, the Aeder structure, was not enclosed to the extent that would warrant a sprinkler system. The ORDERS as submitted by Attorney Abrams were re -worded to apply to those structures requiring sprinkler systems, "where applicable". Member Snyder requested assurances that all work would be done in compliance with the Code and to the satisfaction of the Building Inspector, Code Enforcement Officer Abbate. Further, with respect to the proposed ORDER, Attorney Abrams cited a report as issued by the Fire Inspector which cited sprinkler systems necessary pursuant to Section 44.403. This report was based on the recent fire which occurred on the Regency Highland rooftop. It was noted that a separate ORDER would be necessary for each of the citations issued. Attorney Marchbanks pointed out that the legal position of his clients was that the structures did not need to be removed but agreed that they should be brought into Code and would have no objections to any of the provisions in the proposed ORDER submitted by Attorney Abrams. Member Snyder recommended that the Code Enforcement Board make an on - site inspection to view the violations personally. Mr. Snyder was informed by both the Town Clerk and the Board Attorney that on -site inspections were not provided for within the jurisdiction of the Code Enforcement Board, however, each individual Board Member could observe any violations on their own terms but not as a part of the Code Enforcement Board. It was pointed out that the Board did have the jurisdiction to call witnesses and take testimony upon which their determination should be made as to the resolution of any violation reported by the Code Enforcement Officer. With regard to Citation No. 2266, involving Mr. & Mrs. Morss, Mr. Boepple made the following MOTION: "Defendant shall make all necessary improvements to the subject rooftop structure to bring said structure into conformance with applicable life safety codes, including but not limited to, in- stalling automatic fire sprinkler, where applicable, and alarm systems to connect into the main building's systems, subject to satisfaction of County fire inspector and Town building official, within ninety (90) days hereof". The MOTION was seconded by Mr. Pearlstein. The MOTION carried unanimously with favorable votes. With regard to Citation No. 2267, involving Mr. & Mrs. Morrison, Mr. is Boepple made the following MOTION: Y • CODE ENFORCEMENT BOARD Special Meeting - Minutes April 29, 1987 Page 3 of 4 • • "Defendant shall make all necessary improvements to the subject rooftop structure to bring said structure into conformance with applicable life safety codes, including but not limited to, in- stalling automatic fire sprinkler, where applicable, and alarm systems to connect into the main building's systems, subject to satisfaction of County fire inspector and Town building official, within ninety (90) days hereof". The MOTION was seconded by Mr. Pearlstein. The MOTION carried unanimously with favorable votes. With regard to Citation No. 2268, involving Mr. & Mrs. Weisman, Mr. Pearlstein made the following MOTION. "Defendant shall make all necessary improvements to the subject rooftop structure to bring said structure into conformance with applicable life safety codes, including but not limited to, in- stalling automatic fire sprinkler, where applicable, and alarm systems to connect into the main building's systems, subject to satisfaction of County fire inspector and Town building official, within ninety (90) days hereof". The MOTION was seconded by Mr. Boepple. The MOTION carried unanimously with favorable votes. With regard to Citation No. 2270, involving Mr. & Mrs. Aeder, Mr. Boepple made the following MOTION. "Defendant shall make all necessary improvements to the subject rooftop structure to bring said structure into conformance with applicable life safety codes, including but not limited to, in- stalling automatic fire sprinkler, where applicable, and alarm systems to connect into the main building's systems, subject to satisfaction of County fire inspector and Town building official, within ninety (90) days hereof". The MOTION was seconded by Mr. Snyder. The MOTION carried unanimously with favorable votes. Answering the inquiry of Dr. Sieff, it was noted that Citation No. 2269 involved a different matter and would be taken up at the May 20, 1987, Regular Code Enforcement Board Meeting. Upon proper MOTION and second, this meeting adjourned at 10:30 A.M. • CODE ENFORCEMENT BOARD Special Meeting - Minutes April 29, 1987 Page 4 of 4 ATTEST: • Date: amk u APPROVED: William E. Pau , Chairman Al B.-Novak, V' e Ch. Theodd e F. B Edward J. earlstein Jos p W. Sieff Eu ne L. Snyde Jos$ph A. Boulay