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