1988.02.17_CEB_Minutes_WorkshopVA
TOWN OF HIGHLAND BEACH, FLORIDA
• CODE ENFORCEMENT BOARD
WORKSHOP MEETING - MINUTES
Wednesday, February 17, 1988 9:30 A.M.
A Workshop Meeting of the Code Enforcement Board, Town of Highland
Beach, Florida, was called to order by Chairman William E. Paul at
9:30 A.M. in the Town Commission Chambers at Town Hall.
The Recording Secretary called the roll. Present were Chairman
W. E. Paul, Vice Chairman J. Boulay, Regular Members T. Boepple, E.
Pearlstein, P. Perona, L. Blum. Absent from this Workshop Meeting was
J. Sieff.
Also present were Building Official/Code Enforcement Officer B.
Sutherland, Recording Secretary A. M. Kowals, and members of the general
public.
Chairman Paul noted there was no Workshop Meeting held in January
therefore there are no Workshop Minutes for approval.
In preparation of the Regular Meeting, stated Chairman Paul, the only
business is Citation No. 2271, issued to Broadview Savings & Loan
Company for noncompliance with agreement for Phase II dated August 11,
1987, regarding Town Lots 59, 60, 62, 65, 69 West (aka Hidden Harbor).
Code Enforcement Officer Sutherland informed the Board Members that
Hidden Harbor was given a permit by the Town to do land clearing for
development. That permit expired on November 1, 1987, at which time the
Town gave them an extension until November 30, 1987, to complete all the
work. Since the work was not completed, a Notice of Violation was
issued advising the matter must be corrected by January 18, 1988.
Inasmuch as they did not comply per the Notice of Violation, Citation
No. 2271 was issued on January 19, 1988, along with a Subpoena
directing the violator to appear before the Code Enforcement Board of
the Town of Highland Beach, Florida, on February 17, 1988, at 10:00 A.M.
This matter is now before you for your judgment, continued Mr.
Sutherland.
Mr. Worsham, an Attorney representing Broadview Savings & Loan, stated
that the Town issued them a permit in August, 1987, for work that was
allowed under permits issued by the Army Corps of Engineers and the
Department of Environmental Regulations. There was an agreement between
the Broadview Savings & Loan, the Hoffmans, and the Town which
incorporated, by reference, the details of the Army Corps of Engineers
and the Department of Environmental Regulations. We worked and did what
was permitted by the Town and we were granted an extension to November
30, 1987, from the Town. 95% of the work has been completed, said
Attorney Worsham.
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Code Enforcement Board
February 17, 1988
Page 2 of 3
Workshop Meeting Minutes
Chairman Paul said this Board is concerned only with the Town permit as
the other permits (ACE and DER) are not within their jurisdiction.
Before the Town would consider an extension of the permit, we had to
complete the work. I went out and advised my client to finish the work
according to requirements of the permits. The Town said you need an
extension for that work. We are here because we are committed by
agreement with the Town to complete the mitigation work to obtain
certification. We are required to get verification of the work. We
need an extension from the Town to complete the work.
Attorney Sliney said this matter is before you because their permit from
the Town expired. Permits from DER and ACE are outstanding. The Town
does not agree with the project regarding density. Town issued local
permits. The scope of work on the local permits are not the same as the
State permits. We allow them to do work within certain time frames,
then they came back to do the balance of the work. They did not comply
with the time frames and they did not get extension from the Town. We
met with Worsham last week. We are trying to find out what the issues
are that are divergent. He is to go to the Palm Beach County Officials
and get back to us to see if we can work it out. Today, it is a code
violation. The background information is not relevant. They have been
cited for operating without a permit. The Board determines what to do
with that particular issue.
• When Mr. Pearlstein questioned how long it will take to complete that
work, Mr. Worsham replied it would depend on the County. Attorney
Sliney said the County mitigation plan is still in the air; the island,
the composition of it, the mangrove, the flush action, upland and other
issues that have to be resolved. Mr. Worsham will submit a report that
the Town Commission has to review.
Chairman Paul said we are only dealing with the citation issued on
January 19, 1988. It is up to the Town Commission to issue or extend
their permits. Chairman Paul said this Board would issue an order
giving a certain time to comply. After that, a fine, to be determined
by this Board, would be leveled.
Attorney Sliney said the citation was given for basically working beyond
the time of the essential permit; and only the work as authorized by the
local permits can be done; they did additional work.
Attorney Sliney stated his proposed solution would be for the Code
Enforcement Board to allow Hidden Harbor give 60 days to complete the
project or come into compliance by getting a new permit.
Attorney Sliney said we need a report to make sure the island is built
according to the plans as submitted. We will get that information from
the report Mr. Worsham is to submit to the Town Commission.
• Melinda Romano of Boca Harbor said she has seen every expert for the
developer and they had everything determined as far as this project is
concerned. They have had numerous extensions. This goes on every year.
They have shown the mangroves are having much less that 85% survival
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Code Enforcement Board Workshop Meeting Minutes
.February 17, 1988
Page 3 of 3
rate so it seems they have not prepared the island properly. They have
no answer as to how they will finish this project. We feel they should
be cited for these violations and immediately pay the fines so they
should be aware they have to uphold their part of the agreement for the
permit. This will go on forever if something is not one now.
Attorney Sliney said a fine is levied on noncompliance of an order. An
order will be issued in some form. If they are in noncompliance of the
order, the Board will be in a position to fine.
Barbara Oehme also a Boca Harbor Resident said she was at the 10/27/88
Town Commission Meeting when an extension was requested and the Town
Commissioners asked whether or not the extension was for simply
restoring the mangroves and property to the point it should be at. They
said no additional work was necessary, they would just restore the
mangroves prepare the site for mitigation. Three days later mangroves
were taken down. We were told there would be no more mangrove removal
on that site. Permission for the 30 day extension did not resolve where
mangroves were to be taken down.
Attorney Worsham said there are other agencies that require them to
complete this work.
Chairman Paul said this Board is concerned with the violation of the
Town Code.
The Workshop Meeting was adjourned
APPROVED:
at 10:20 A.M.
William E. Paul, Chairman
Jo$eph L9,4'ulay,/)Vice ChaVman
Theodlw6e Boe
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Edward J. P rlstein
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ATTEST:
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1. Sieff
1 R. Blum