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2016.09.22_CEB_Minutes_Regular o���Htgpo TOWN OF HIGHLAND BEACH o (-) MINUTES OF THE = CODE ENFORCEMENT BOARD \FioRioa• REGULAR MEETING Thursday,September 22,2016 1:30 PM Members Present:Chair Tim Bumich;Vice Chair Don Gill;Board Member David Stern; Board Member George Kelvin,Member Paul Resnick and Board Member Carl Gehman. Also Attending:Acting Town Manager Valerie Oakes;Town Attorney Leonard Rubin; Deputy Town Clerk Lanelda Gaskins; Commissioner Louis Stem; Commissioner Carl Feldman; Commissioner Zelniker; Code Enforcement Officer Orlando Rodriquez and members of the general public. CALL TO ORDER: Chair Burnich called the Regular Meeting to order at 9:30 a.m. Roll call was taken by Deputy Town Clerk Gaskins followed by the Pledge of Allegiance. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Agenda accepted as presented. PUBLIC COMMENTS AND REQUESTS: There were no public comments. PRESENTATIONS: None. APPROVAL OF MINUTES: • August 31,2016—Regular Meeting MOTION: Member Stern moved to approve the minutes of August 31,2016,Regular Meeting as amended. Vice Chair Gill seconded the motion,which passed unanimously. OLD BUSINESS: Code Enforcement Board Regular Meeting Minutes Thursday,September 22,2016 Page 2 of 4 None. NEW BUSINESS: A. REQUEST FOR RECONSIDERATION CONSIDER A REQUEST FOR RECONSIDERATION OF THE BOARD'S PRIOR ORDER TO ALLOW RESPONDENT ADDITIONAL TIME TO COMPLY WITH THE TOWN OF HIGHLAND BEACH CODE OF ORDINANCES. CASE#16-001 4301 TRANQUILITY DRIVE;ANN ROY Legal:BEL LIDO LT 22 BLK 3;PCN:24-43-47-04-02-003-0220 Violation:Code Section:30-68(g)(1)(b) Description:Owner or residents of the principal dwelling are permitted to use marine facilities. Chair Bumich—asked everyone present at this meeting that will testify,stand and be sworn in. Deputy Town Clerk Gaskins administered the oath to all those who would testify for this item. Discussion ensued regarding the Town's Code of Ordinance related to boat dock usage. Ann Roy,Property Owner of 4301 Tranquility Drive,Highland Beach,Florida,read letters dated September 12,2016 and September 6,2016 into the records.See Exhibit"A",Exhibit "B"and Exhibit"C". She gave handouts to the board members-Exhibits A. Gary Nagle,Attorney for Ms.Ann Roy was present and provided comments. He requested a six(6)month extension to allow Ms.Roy to comply with the Town's Code of Ordinance. Discussion continued about the Town's Code of Ordinance. Town Attorney Rubin explained that this meeting is for the Board to consider the request for reconsideration of the Board's prior order to allow Ms.Roy additional time to comply with the Town's Code of Ordinance. Town Attorney Rubin called for a motion to consider the request for reconsideration to allow respondent an extension of time to comply with the Town's Code of Ordinance. Code Enforcement Board Regular Meeting Minutes Thursday,September 22,2016 _ Page 3 of 4 MOTION: Vice Chair Gill—Moved to approve the request for reconsideration. Member Stem—seconded the motion. ROLL CALL: Vice Chair Gill -Yes Member Kelvin -Yes Member Gehman -No Member Stem -Yes Member Resnick -Yes Vice Chair Burnich -No Motion carried 4 to 2. Town Attorney Rubin called for a motion to allow an extension of time to comply with the Town's Code of Ordinance. MOTION: Member Gehman—Made a motion to extend the compliance date for three (3)months through December 31,2016,to comply with the Town's Code of Ordinance. Member Kelvin—seconded the motion. ROLL CALL: Member Gehman -Yes Member Kelvin -Yes Member Stem -No Member Resnick -Yes Vice Chair Gill -Yes Vice Chair Burnich -No Motion carried 4 to 2. Code Enforcement Board Regular Meeting Minutes Thursday,September 22,2016 Page 4 of 4 ADJOURNMENT: Chair Bumich called for a motion to adjourn. MOTION: Member Gellman moved to adjourn the meeting at 2:18 PM.Member Stem seconded the motion,which passed unanimously. APPROVAL: Thomas Burnich,Chair eS1 ne Don Gill, hair SEAL: Paul Res,'ck Bgard MemJter Art IL) C.•-hman,7ar ember D vid Stern,Board Member George Kelvin,Board Member ATTEST: 0 'I ane Gaskins,CM Deputy Town Clerk Date: i i/ /4e//10 i TOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD TOWN OF HIGHLAND BEACH, FLORIDA, Petitioner, v. ANN ROY Case No: 16-001 4301 Tranquility Drive Highland Beach, FL 33487 PCN: 24-43-47-04-02-003-0220 Respondent. LEGAL: BELLE LIDO LT 22 BLK 3 ORDER EXTENDING COMPLIANCE DATE THIS MATTER having come before the Code Enforcement Board on September 22, 2016, at the request of the Respondent, Ann Roy,to extend the compliance date as set forth in the Board's Order Finding Violation dated August 31, 2016. Having considered the evidence and testimony presented at the hearing, it is HEREBY ORDERED as follows: 1. The Order Finding Violation is amended to provide that the Respondent shall bring the Property into compliance with the Town Code on or before December 31,2016. 2. This Order shall not impact or otherwise affect any other portion of the Order Finding Violation dated August 31, 2016, including, but not limited to, the Findings of Fact, Conclusions of Law, and Order. These provisions shall remain in effect as originally adopted. DONE AND ORDERED this 28th day of September, 2016. 1V1/4 Thomas Burmch, Chairman Code Enforcement Board Copies Furnished to: Glen J.Torcivia,Town Attorney Ann Roy 1