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2012.12.19_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF THE CODE ENFORCEMENT BOARD REGULAR MEETING Wednesday, December 19, 2012 9:30 AM Members Present: Chair Louis Reidenberg; Vice Chair Paul Resnick; Board Member Tim Burnich; Board Member Mark Diamond; Board Member Jack Halpern and Board Member Michael Kravit. Member Absent: Board Member Donald Gill. Also Attending: Town Attorney Leonard Rubin; Building Official/Code Enforcement Inspector Michael Desorcy; Code Enforcement Inspector Carol Holland; 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 called for any additions, deletions or acceptance of the agenda, hearing none, the agenda was accepted as presented. PUBLIC COMMENTS AND REQUESTS: No public comments. PRESENTATION: • Announcement: Welcome New Board Member Jack Halpern Chair Reidenberg welcomed Jack Halpern, who previously served on the board. Additionally, Carol Holland, Code Enforcement Inspector, was introduced to the Board. Inspector Holland will presume over the duties of code enforcement three times per week while maintaining her current role as the building department’s Office Manager. She received notification that she is certified. Code Enforcement Board Regular Meeting Minutes Wednesday, December 19, 2012 Page 2 of 5 APPROVAL OF MINUTES: • May 10, 2012 Regular MOTION: Member Burnich moved to approve the minutes of May 10, 2012, Regular Meeting. Member Diamond seconded the motion, which passed unanimously. OLD BUSINESS: No old business. NEW BUSINESS: Chair Reidenberg announced that he submitted his resignation from the Board effective December 31, 2012. • Review and Approve the 2013 Meeting Schedule 3rd Wednesday at 9:30 AM in the Town Commission Chambers As Needed Per Code of Ordinances Section 2-101 Chair Reidenberg reviewed the 2013 meeting schedule and called for a motion to approve the schedule. MOTION: Member Burnich moved to approve the 2013 meeting schedule to meet on the 3rd Wednesday of the month at 9:30 a.m. as needed. Member Halpern seconded the motion, which passed unanimously. • Discussion on PODS (Portable On Demand Storage), Member Burnich Member Burnich asked the Board to consider proposing language to the Town Commission to govern the use of Portable on Demand Storage (PODS) Units. He stated that Deputy Town Clerk Oakes had previously provided code language from a municipality in Palm Beach County as a reference. Member Kravit asked if the POD in question had been removed. Member Burnich explained that the POD was there for four to five days. Typically, the units stay on-site, overnight then are removed. In theory, since there are no code regulations, the units could stay on the property for as long as they deem. Attorney Rubin added that the Village of North Palm Beach recently adopted a PODS permit requirement with a seven day rule and locations are limited. Building Official Desorcy reported that some contractors have rented storage PODS for construction sites. Code Enforcement Board Regular Meeting Minutes Wednesday, December 19, 2012 Page 3 of 5 Member Halpern suggested that the PODS could be enforced by the nuisance code. Chair Reidenberg requested the Town Attorney’s opinion as to whether PODS could be regulated by the nuisance code, or if it should have its own specific language. Attorney Rubin explained that it would be cleaner to have an ordinance specifically addressing the use of PODS. By using the existing nuisance code, it can be difficult and subjective. There are a number of cities who have enacted these regulations. Chair Reidenberg called for a motion to have the Town Attorney draft a proposed ordinance for the Code Enforcement Board to review, consider, and forward the recommendation to the Town Commission. Member Burnich made a motion to have the Town Attorney draft a proposed ordinance for the Code Enforcement Board to review, consider, and forward the recommendation to the Town Commission. (Motion failed due to lack of support; Member Burnich removed the motion from the table.) Miscellaneous Business Member Halpern has looked at the sand and gravel operation on the south side of A1A; there are two or more feet of ruts on the compacted sand. There should be some code enforcement. Building Official Desorcy explained that the sand is being used to re- nourish the beaches. The ruts will be removed once the project has concluded, and the swale will be repaired. This is an emergency declaration by the Department of Environmental Protection (DEP). Chair Reidenberg recommended that the board members individually contact Inspector Holland to take a ride through the town. Vice Chair Resnick expressed his concern with the water puddle problem on A1A caused by the Highland Beach Club. About three days a week the road is flooded from watering the lawn. There have been several complaints from residents of Boca Highlands regarding the Milani property because the sidewalks are overgrown with vegetation. Building Official Desorcy noted the information and will make contact with the property owners/property managers to have the issues rectified. Vice Chair Resnick stated that at the last board meeting there was a public hearing and he left extremely embarrassed due to the conduct of the meeting. Read into the record Code of Ordinances Section 2-101(c): Conduct of a Hearing – “The enforcement board or the special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board or the special magistrate shall take testimony from the code enforcement officer and the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.” This meaning that our meetings are informal and any member has the right to ask a question of the code enforcement officer or anybody testifying. Read into the record Code of Ordinances Section 2-101(d): “At Code Enforcement Board Regular Meeting Minutes Wednesday, December 19, 2012 Page 4 of 5 the conclusion of the hearing, the enforcement board or the special magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief…” Personally, he felt that the violator and those testifying were not given the proper format to give their testimony, nor was he, as a member of the board, given the proper procedure to ask questions. It is his hope that in the future, the board will follow the conduct of hearings provided in the code. ELECTION OF OFFICERS: A. Chair Chair Reidenberg called for a nomination to the Office of Chair. Member Halpern nominated Vice Chair Resnick as Chair of the Board. Chair Reidenberg nominated Member Burnich, who declined to accept the position due to lack of experience. Member Burnich nominated Member Halpern, who declined to accept the position in favor of Vice Chair Resnick. Attorney Rubin stated that if there are no other nominations, Member Resnick will be Chair of the Board as the other two nominees have declined. B. Vice Chair Chair Reidenberg nominated Member Burnich, who accepted the position of Vice Chair. There being no other nominations, by consensus, the Board agreed to appoint Member Burnich as Vice Chair of the Board. Code Enforcement Board Regular Meeting Minutes Wednesday, December 19, 2012 Page 5 of 5 ADJOURNMENT: There being no further business, Chair Reidenberg adjourned the meeting at 9:56 a.m. APPROVAL: Louis Reidenberg, Chair Paul Resnick, Vice Chair Thomas Burnich, Board Member SEAL: Mark Diamond, Board Member Absent Don Gill, Board Member Michael Kravit, Board Member Vacancy ATTEST: __________________________________ Date: __________________ Valerie Oakes, CMC, Deputy Town Clerk