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2011.08.04_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH N41NUTES OF THE CODE ENFORCEMENT BOARD REGULAR MEETING & PUBLIC HEARING Thursday, August 04, 2011 2.00 PM Members Present: Chair Louis Reidenberg; Vice Chair Paul Resnick; Board Member Tim Burnich and Board Member Mark Diamond. Members Absent: Board Member Jack Halpern (excused). Also Attending: Assistant Town Attorney Amanda Keller, Building Official/Code Enforcement Officer Michael Desorcy; Deputy Town Clerk Valerie Oakes and members of the general public. CALL TO ORDER: Deputy Town Clerk Oakes called the Regular Meeting to order at 2:00 p.m. Roll call was taken followed by the Pledge of Allegiance. ELECTION OF OFFICERS: A) Chair Deputy Town Clerk Oakes called for a motion to elect a Chairman. MOTION: Board Member Burnich moved to elect Louis Reidenberg as Chairman. Board Member Resnick seconded the motion, which passed unanimously. Louis Reidenberg accepted the nomination for the position of Chair. Hearing no other nominations Deputy Town Clerk Oakes called the roll. Roll Call Vote: Member Burnich — Aye Member Resnick — Aye Member Diamond — Aye Member Reidenberg — Aye Motion carried with a 4-0 vote. Code Enforcement Board Thursday, August 4, 2011 Page 2 of 6 B) Vice Chair Deputy Town Clerk Oakes called for a motion to elect a Vice Chair. MOTION: Board Member Reidenberg moved to elect Paul Resnick as Vice Chairman. Board Member Burnich seconded the motion, which passed unanimously. Paul Resnick accepted the nomination for the position of Vice Chair. Hearing no other nominations Deputy Town Clerk Oakes called the roll. Roll Call Vote: Member Reidenberg — Aye Member Burnich — Aye Member Diamond — Aye Member Resnick — Aye Motion carried with a 4-0 vote. A moment was taken to allow the newly elected Chair and Vice Chair to assume their seat. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Chair Reidenberg called for any additions, deletions or acceptance of the agenda. The agenda was accepted as presented. PUBLIC COMMENTS: None. PRESENTATIONS: Announcement: Two (2) Vacancies on the Code Enforcement Board Chair Reidenberg announced that there are currently two vacancies on the Board. Deputy Town Clerk Oakes explained that the Notice of Vacancies have been posted on the bulletin boards, Channel 95 and on the Town's website. Those interested in serving on the Board should submit a Talent Bank Application form to the Town Clerk's Office. By consensus, the Board requested that the Deputy Town Clerk investigate if the Coastal Star Newspaper would publish vacancies in their paper. APPROVAL OF MINUTES: 0 July 22, 2010 — Public Hearing Code Enforcement Board Thursday, August 4, 2011 Page 3 of 6 MOTION: Vice Chair Resnick moved to approve the minutes of July 22, 2010. Board Member Burnich seconded the motion, which passed unanimously. OLD BUSINESS: None. NEW BUSINESS: A) Case #2011-10 3200 South Ocean Blvd., Highland Beach Azure, LLC Code Section: 12-4(axb),17-3 and 174. Description: Construction Fences; Nuisance. Deputy Town Clerk Oakes administered the Oath to Michael Desorcy, Code Enforcement Inspector, and Joan Halpern, member in the audience, who would testify. Chair Reidenberg called on Code Enforcement Inspector Michael Desorcy to present the case. Inspector Michael Desorcy confirmed that at 8:15 am. today, Highland Beach Azure, LLC is listed as the property owner on the Palm Beach County Property Appraiser's website with a copy entered into the records as Exhibit 41. The property owner changed there name to Highland Beach Renaissance, LLC, which is listed on the Florida Division of State Division of Corporations. All of the notices were mailed to highland Beach Azure, LLC. Per state statue 162.06, mailings are required to be sent to the property owner and mailing address listed from the Palm Beach County Property Appraiser. Asst. Town Attorney Keller requested that in the future the Town list the formerly known as name along with the legal name. Chair Reidenberg questioned if there were any legal ramifications. Attorney Keller explained that there are no legal issues; the property owners have received the notices. June 9, 2011 — The property was inspected and found to be in disrepair. Sixteen (16) photographs entered into the record as Exhibit #2. Member Burnich — The date on the photos do not represent the stated inspection date. Inspector Desorcy — The photos were taken on the inspection date of June 9. The photos were downloaded and printed on June 28. Chair Reidenberg — The date on the photos need to reflect the date the photos were taken or it could possibly be contested. June 17, 2011— Issued a Notice of Violation to comply with the Town's code section 12- 4(a)(b), 17-3 and 174 within 10 days, sent Certified Mail and Return Receipt Requested received and signed by the respondent on June 20, 2011, which was entered into the record as Exhibit #3. Code Enforcement Board Thursday, August 4, 2011 Page 4 of 6 Chair Reidenberg — The definition of the code is construction site. Are you convinced that this is the proper code violation? Has a permit been applied for? Attorney Keller — It would be the Board's determination. Inspector Desorcy — A variance was granted for the plans submitted, which will expire November 20, 2011. There was a construction trailer on the site, and a temporary power pole is currently on the site. This could be dangerous for any person walking onto the site, so the fence was installed to keep site seers off the property. Therefore, I consider this a construction site because there is a deep foundation system. Chair Reidenberg — What happens after November 20, 2011 ? Inspector Desorcy_ — The property owner would have to start from the beginning but it would still be considered a construction site. July 5, 2011 — Re -inspected the property (15 calendar days later) and found that the property was not incompliance and the violation still existed. July 6, 2011 — Notice of Hearing sent Certified Mail and Return Receipt Requested, posted at the property, and posted at Town Hall. Nine (9) photographs were taken. The documents were entered into the record as Exhibit #4. July 7, 2011 — Notice of Hearing signed by Mr. D. Nemet. The property was in compliance late that afternoon. Chair ReidenbM — Are there photos showing the property in compliance? IMpector Desorcy — No. Deputy Town Clerk Oakes read into the record letter from Edward V. Masi, entered into the record as Exhibit #5. Staff Recommendation: The respondent is required to pay $218.93 in administrative fees for successfully prosecuting this case. In addition, issue a No Repeat Order of the violation. Chair Reidenberg — In the future, have proof of compliance photos available for the Board's inspection. Did you calculate how many days the property was not in compliance, and what does the administrative fees consist of? Inspector Desorcy — The property was not in compliance for 11 business days and the administrative fees include the labor hours, photos, etc. MOTION: Vice Chair Resnick moved to fine the property owners $100.00/per day that the property was in violation, plus the $218.93 in administrative fees; seconded by Board Member Diamond. Discussion: Chair Reidenberg — Is it correct that there have been other incidents in the past besides this case? motor Desorcy — That is correct. The property currently has grass about two feet high, which is a different code violation. Code Enforcement Board Thursday, Ausust 4, 2011 Page 5 of 6 Member Burnich — What would be the total amount of the fine? Inspector Desorcy — At $100.00/per day for 11 days in violation is a total of $1,100.00. Attorney Keller — Since this violation could occur again, insert a provision into the order stating that if there is a repeat violation under the statues, the Board could impose a fine of up to $500.00 per day in accordance. I do suggest that if you find this case in violation, that you insert the provision for a No Repeat Violation. Vice Chair Resnick agreed to amend the motion by including the additional language proposed by the Assistant Town Attorney. Member Diamond accepted the amendment to the motion. AMENDMENT TO THE MOTION: Vice Chair Resnick moved to fine the property owners $100.00/per day (I I days totaling) that the property was in violation, $218.93 in administrative fees, and a provision to include a no repeat violation imposing a fine of up to $500 per day in the order, seconded by Board Member Diamond. Roll Call Vote: Vice Chair Resnick — Aye Member Diamond — Aye Member Burnich — Aye Chair Reidenberg — Aye Motion carried with a 4-0 vote. Vice Chair Resnick explained that the prior Board was proactive. If the Board saw a violation, it was reported to the Code Inspector. Chair Reidenberg added that Board members should avoid giving testimonies. Attomey Keller agreed with Chair Reidenberg. B) Set Schedule of Code Enforcement Board Meetings Available Dates: • 1't Thursday of the Month at 9:30 a.m. • 3'd Wednesday of the Month at 9:30 a.m. MOTION: Member Burnich moved to select Option #2 — 3`d Wednesday of the Month at 9:30 am. Seconded by Member Diamond, which passed unanimously. Vice Chair Resnick — Recognized a former Chair of the Code Enforcement Board, who is currently serving as a Commissioner is in the audience. Commissioner John J. Pagliaro was proactive in his leadership and instrumental in getting rid of the cones, pyramids, reflective lights, etc. on the road. The Town looks much better because of it! Commissioner Pagliaro worked very hard with the Police Department to enforce the no parking by service vehicles on the grass median. Code Enforcement Board Thursday, August 4, 2011 Page 6 of 6 Chair Reidenbera — It is good to establish a policy to address case fines. Appreciates being nominated and elected as Chair. ADJOURNMENT: There being no further business Chair Reidenberg adjourned the meeting at 2:51 p.m. Immediately following the meeting, Beach County Commission on Ethics Training Video. APPROV SEAL: ATTEST: the Code Enforcement Board watched a Palm Mark Diamond, Absent Jack Halpern, Member Vac ancv &,f Vacancy idw'o-Date: l V erie Oakes, CMC, Deputy Town Clerk