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2015.04.15_CEB_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF THE CODE ENFORCEMENT BOARD 4i REGULAR MEETING Wednesday,April 15,2015 9:30 AM Members Present: Chair Tim Burnich; Board Member Paul Resnick; Board Member David Stern and Board Member Michael Kravit. Members Absent: Board Member Robert Ford (excused) and Vice Chair Don Gill (excused). Also Attending: Town Manager Beverly Brown; Town Clerk Valerie Oakes and members of the general public. CALL TO ORDER: Chair Resnick called the Regular Meeting to order at 9:30 am. Roll call was taken by Town Clerk Oakes followed by the Pledge of Allegiance. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Chair Burnich called for any additions, deletions or acceptance of the agenda MOTION: Member Halpern moved to accept the agenda as presented. Motion was seconded by Member Stem which passed unanimously. PUBLIC COMMENTS AND REQUESTS: Carl Gehman, 1123 Highland Beach Dr.—Are there any rules governing the amount of time a person can rent, or is it up to the homeowners. Chair Burnich—I believe it is up to the condominium or association declaration. Carl Gehman—We have a homeowner who is renting their home for a week at a time. Member Halpern—We did have something a few years ago that had to do with someone who placed their home on "Vacation Homes by Owner",renting it out on a one or two week basis. That was a Code Enforcement issue. Carol Holland, Code Enforcement Officer—We have had several inquiries about this and we are looking into it. It is very difficult to find these places. Member Halpern—You might want to go on line and see if that house is listed as a rental. If so, you might want to provide the information to Code Enforcement Officer Holland. Code Enforcement Board Regular Meeting Minutes Wednesday,April 15,2015 Page 2 of 5 Member Resnick—I recall the incident at Byrd Beach Estates. It came before our Board, and it was determined that it was a commercial rental enterprise as opposed to a regular type of lease. PRESENTATION: A) I'Quarter—Code Enforcement Update By: Michael Desorcy, Code Enforcement Administrator Carol Holland, Code Enforcement Officer Code Enforcement Officer Holland referred to her report dated January 2015 through March 2015 attached as Exhibit "A". The items listed were taken care of immediately after they were noted that there was a situation or a problem. There are no outstanding issues. Member Halpern—I raised some comments as to why we have had no issues appear before this Board for the last two years. After looking at your report, I would like to thank you and say you are doing an excellent job. Member Stern— There are cars parked on the swale at the Delray Sands; especially in the evening and on weekends. What is the legality or non-legality, because some residents have asked that question? C.E.O. Holland—They are not supposed to park in the right-of-way. That is the (DOT) Department of Transportation's right-of-way. The DOT is the one responsible for telling them to move, or the Police. I can't enforce that because I am not here at night or the weekends. We looked into the cones, the barricades for the parking and the valet signs, and there are no code violations. I will talk to David Moore from the DOT and see if he has any solutions. I will also speak with the Delray Sands. The police can check on this in the evenings or the weekends if there is a problem. Member Stem—It is a constant problem. Member Resnick— It is an everyday and weekend occurrence. I think each member of this Board needs to call the police and ask them to ticket the cars that are parked there. I don't agree about the cones and the barricades. I don't feel they should be permitted. Electric gates would be a satisfactory solution. The Town does not look decent with those cones, barricades and valet signs. We should make a recommendation for them to get rid of these eyesores. Member Halpern — Could we send a letter to the General Manager of the Delray Sands asking him to meet with us so we could discuss this situation? Town Manager Brown — I think you are overstepping your boundaries by bringing someone in to discuss it. You can request the Police Department to handle it because it comes under their purview. Unless there is a code violation, it cannot come before this Board. Member Halpern — Can we request him to come? Town Manager Brown — You can request him to come, but he doesn't have to show up. Code Enforcement Board Regular Meeting Minutes Wednesday,April 15,2015 Page 3 of 5 You also have to consider the expense if you bring someone in. We will have to have the Town Attorney here at a cost of$300.00, plus what we would pay you just to ask him, and he doesn't have to show up. It would be easier to go through the Police Department. Member Kravit — What the hotel has done there is creating a nuisance. A nuisance under the zoning code is an offense. If the Board would like to entertain a motion to ask the Code Enforcement Officer to proceed with a case based on this creating a zoning nuisance, I would be able to support that. Member Stern— Can we first ask the management to voluntarily comply? C.E.O. Holland— There is an ordinance in our Code of Ordinances, Section 23-10 on valet parking and it doesn't seem like they are breaking any rules. MOTION: Member Resnick moved to ask the Police Department to enforce the code regarding parking on the lawns in front of the Delray Sands Hotel. Motion was seconded by Member Halpern. Board Discussion: Police Chief Craig Hartmann— The challenge we have here in our Town on Al is that it is a state road, Florida Department of Transportation (FDOT) right-of-way. Our challenge is how to move forward with this and not selectively pick out areas that are not acceptable to us. Those are some of the same issues you see with the construction on AIA. The vehicles that are right up against the roadway are on the FDOT right-of-way which is the same area as the Delray Sands. Member Stem— They have gone to the extreme. They are parking employees there in the evening, and it is not just for holidays. It has become an everyday occurrence. Chief Hartmann — I have had meetings with the management and they have been very receptive. Employees park in the parking lot across the street to keep the patrons from having to cross over on AIA. The overflow from the valet goes into that parking lot. Member Stern— I live next door and have been taking pictures. They are putting cars there whether they are full or not. It is becoming a regular thing and not a holiday thing. Chief Hartmann — I am not aware of this. If this is the case then I will talk to management. Member Resnick— They have no rhyme or reason as to how they park. The parking lot is empty and the cars are parked on the swale. If you try to reach the Police Department on the weekends, you have to go through the Palm Beach County Sheriffs Department and it takes a while. Is there anyway a resident can reach the Police Department if they want to report cars parked on the swale in front of the Delray Sands on the nights and weekends, in an easy way. Chief Hartmann—You can reach the Police Department during administrative hours, but after hours and weekends you have to call the Palm Beach County Sheriff's office and they will dispatch us. That is the way it has been. The number to call is 276-2458. Regarding the trucks, we patrol AIA and monitor the truck parking. We work with a representative from FDOT to help us manage the parking to be sure they are back from the roadway because bicyclists have to go around them. Code Enforcement Board Regular Meeting Minutes Wednesday,April 15,2015 Page 4 of 5 Member Halpern — The construction vehicles are temporary vehicles. They are not there all the time. They do their work and then they leave. The Delray Sands is day and night every day. They have to know it is a concern of this Board. Chief Hartmann — We will meet again with management to talk about the concerns that this Board raised. We don't ignore what is going on at the Delray Sands. Chair Burnich— Will you report back to us at the next meeting? Chief Hartmann said he would. Chair Burnich—There is a motion on the floor. Is there some interest in tabling this until we hear back from Chief Hartmann, or do you want to vote on the motion? MOTION: Member Halpern moved to table the motion for discussion at the next meeting. Motion was seconded by Member Stern which passed unanimously. APPROVAL OF MINUTES: • January 21,2015—Regular Meeting MOTION: Member Stem moved to approve the minutes of January 21, 2015, Regular Meeting. Member Halpern seconded the motion, which passed unanimously. OLD BUSINESS: No old business. NEW BUSINESS: No new business. ADJOURNMENT: There being no further business, Chair Burnich adjourned the meeting at 10.04 AM. Code Enforcement Board Regular Meeting Minutes Wednesday,April 15,2015 Page 5 of 5 APPROVAL: 71—�' - Thomas Burnich, Chair Absent Don Gill,Vic SEAL: Paul Resnic Board Member reg► Jac a er Michael Kravi ember David Stern, Board Member Absent Robert Ford, Board Member ATTEST: �C 0&0-� Valerie Oakes, CMC Town Clerk Date: o�EJ i