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2012.01.18_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF THE CODE ENFORCEMENT BOARD REGULAR MEETING Wednesday, January 18, 2012 9.30 AM Members Present: Chair Louis Reidenberg; Vice Chair Paul Resnick; Board Member Ron Brown; Board Member Tim Burnich; Board Member Michael Kravit and Board Member Don Gill. Member Absent: Board Member Mark Diamond. Also Attending: Town Attorney Glen Torcivia, Town Manager Kathleen Weiser, Deputy Town Clerk Valerie Oakes and members of the general public. CALL TO ORDER: Chair Reidenberg called the Regular Meeting to order at 9:30 a.m. Roll call was taken by the Deputy Town Clerk followed by the Pledge of Allegiance. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Chair Reidenberg welcomed Don Gill as the newest member of the Board; and welcomed Glen Torcivia who was recently appointed by the Town Commission as the Town Attorney. Chair Reidenberg announced that Town Attorney Torcivia will give a presentation on the Sunshine Law during New Business. Chair Reidenberg called for any additions, deletions or acceptance of the agenda. The agenda was accepted as presented. PUBLIC COMMENTS: None. PRESENTATIONS: • Announcement: Welcome New Board Member Don Gill Announced under Additions, Deletion, or Acceptance of Agenda. • Announcement: Welcome New Town Attorney Glen Torcivia Announced under Additions, Deletion, or Acceptance of Agenda. Code Enforcement Board Regular Meeting Minutes Wednesday, January 18, 2012 Pate 2 of 4 APPROVAL OF MINUTES: • December 21, 2011 —Regular MOTION: Board Member Burnich moved to approve the minutes of December 21, 2011, Regular Meeting. Board Member Brown seconded the motion, which passed unanimously. PRESENTATIONS (continued): 0 Bicyclist in the Roadway, Police Chief Craig Hartmann Chair Reidenbera explained to Chief Hartmann that the Board has had numerous discussions regarding the various issues that the Town Commission is faced with. The Board understands that they do not have jurisdiction over bicyclists, however, wanted to know how the Board could assist the Town, Town Commission and/or the Police Department with the safety concerns as it relates to the roads in Highland Beach. Chief Hartmann informed the Board that he has tried educating the public on the laws of the road in the Town's Highlander and government channel, but there seems to be a misconception. There are no codes that could be enforced on a federal highway. Attorney Torcivia added that the Town does not have a bike lane. Educating the public is most important because bicyclists have the right to be in the road, so safety is a concern. Individually, board members could educate the public. Commissioner John J. Pa liaro has served on the Town Commission for four years and has heard the concerns of the residents. Commissioner Pagliaro has asked the Town Attorney to investigate the issue of the bicyclist and the answer is — the Town does not have jurisdiction. Bicyclists have the same rights as automobile drivers and need to follow the rules of the road. There has been evidence of bicyclists riding more than two abreast, but the police officers gave warnings. Chair Reidenbera stated that on AIA south of Spanish River Boulevard in the City of Boca Raton there is a sign that reads "limited to two abreast". Do they have the right to have that sign? Chief Hartmann responded that the Town is working with the City of Boca Raton and the City of Delray Beach to have a campaign in March for awareness. South Florida is a major bike community. The Town has very few incidents and accidents with 98% riding legally. Bicyclists do not have to ride in the paved shoulder. Several municipalities have the same problem; however, we are fortunate to have a sidewalk and no winding roads. Chair Reidenbera gave an example of a personal experience when he was driving and the oncoming vehicle swerved into his lane in order to avoid the bicyclist who was legally riding on the side of the road. It was not the fault of the bicyclist. Code Enforcement Board Regular Meeting Minutes Wednesday, January 18, 2012 Page 3 of 4 Vice Chair Resnick offered the assistance of the Boca Raton Bicycle, as he is an officer. Chief Hartmann thanked Vice Chair Resnick and explained that they are working to eliminate pack riding. • Introduction of Michael Desorcy, Building Official Chair Reidenbera introduced Michael Desorcy, Building Official. Building Official Desorcy explained his duties and roles and the code enforcement process. Should a board member find a code violation, on the weekends call the Police Department and during working hours contact the Building Department. Member Brown has found the town officials to be quite helpful. Town Manaier Weiser announced that the Board would be provided with a list of the code enforcement statistics that are distributed to the Town Commission on a monthly basis. NEW BUSINESS: • Sunshine Law, Town Attorney Torcivia Town Attorney Torcivia explained that any business that could foresee ably come before this board could not be discussed. It is a statewide law that applies this board. Meetings need to be conducted in a public setting so the public can observe deliberations. There are criminal and civil penalties or removal from office, which is the biggest threat. "Sunshine Bright" is when a decision is void because discussion amongst members took place prior to the meeting, so the Board would meet again, hear testimony and take a vote. Discretion is the better part of valor. OLD BUSINESS: Chair Reidenberg called for any Old Business. Member Kravit explained that at the last meeting, the Board discussed the fire code in respect to the condominiums. He reviewed the National Fire Code — Life Safety Code for evacuations and procedures for the safety of the residents. High-rise condominiums must have an evacuation plan. The plan sites notification of evacuation, fire drills, types of procedures to follow, and areas of refuge. The buildings should formulate, implement and circulate the plan to their residents. Chair Reidenbera suggested that the Deputy Town Clerk invite the Fire Marshall to the next board meeting. By consensus, the Board agreed to invite the Fire Marshall to the next board meeting. Code Enforcement Board Regular Meeting Minutes Wednesday, January 18, 2012 Paize 4 of 4 Chair Reidenbere noted that typically if there is a code violation the board would meet. If there are no violations or topics, the meetings are cancelled. By consensus, the Board agreed to meet quarterly at the call of the Chairman unless there is a topic on the agenda. ADJOURNMENT: There being no further business, Chair Reidenberg called for a motion to adjourn the meeting at 10:23 a.m. MOTION: Member Brown moved to adjourn meeting at 10:23 a.m. Board Member Bumich seconded the motion, which pass d an' ously. APPWOVAL: L is Reidenberg, 011di, Resnick, Vice Chair Resigned prior to the approval of the minutes Ronald Bro , Board Me Thomas Burnich, Board Member Absent SEAL: ATTEST: Lb httt, Cd�c- Date: L4p 2— Valerie Oakes, CMC, eputy Town Clerk