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2019.05.14_CEB_Minutes_Regular• TOWN OF HIGHLAND BEACH • CODE ENFORCEMENT BOARD MINUTES Town Hall / Commission Chambers Date: May 14, 2019 3614 South Ocean Boulevard Time: 2:00 p.m. Highland Beach, Florida 1. CALL TO ORDER: Chairperson Resnick called the Code Enforcement Board Meeting to order at 2:00 p.m. and asked all present to silence their cell phones/devices. 2. PRESENT UPON ROLL CALL: Member James Karabec Member Jane Perlow Member Myles Schlam Vice Chairperson Paul Resnick Chairperson Thomas "Tim" Burnich Town Attorney Leonard Rubin Town Clerk Lanelda Gaskins Deputy Town Clerk Beverly Wright 3. PLEDGE OF ALLEGIANCE: The Board Members led the Pledge of Allegiance 4. APPROVAL OF THE AGENDA: Chairperson Resnick asked if there were any additions, deletions or corrections to the Agenda. Chairperson Resnick stated he intended to stand down as Chairperson of the Board, but wished to remain on the Board in any capacity. He noted he hoped to nominate Tim Burnich as Chairperson. Town Clerk Gaskins explained Item 8A on the agenda is Nomination of the Chairperson. She asked if the Board wanted to move this item and suggested to make this Item 5A. The item will be heard following Public Comments. Chairperson Resnick asked if there were any other additions, deletions or corrections to the Agenda. Hearing none, he called for a motion. MOTION: Vice Chairperson Burnich moved to accept the Agenda as amended. Member Schlam seconded the motion. The motion passed unanimously. Code Enforcement Board Regular Meeting Minutes Tuesday, May 14, 2019 PaLye 2 of 8 5. PUBLIC COMMENTS: Chairperson Resnick indicated Public Comments were limited to 3 minutes each. He asked if there were any Public Comments. Mr. Fred Greenwald stated he lived on Tranquility Drive. He stated he was very happy to see parking regulations and Code Enforcement moving forward in this regard. He noted he lived on a side street and parking was often a terrible problem with individuals parking on lawns, construction vehicles parking on lawns, with resultant destruction of sprinklers and lawns, as well as obstruction of driveways. He noted in the past police officers were unsure of what should be enforced and ticketed. He noted he looked forward to the Code Enforcement Board's input and guidance. Mr. Jack Halpern stated he was pleased there would be a presentation regarding stormwater today. He noted the last couple of months there had been "ponding" on A 1 A due to residents neglecting stormwater control. He stated he understood the Town was beginning to act regarding this flooding, but he believed there were actions, which should be taken soon. He encouraged the Town to move quickly in this regard. Chairperson Resnick asked if there were any additional public comments. There was none. A. Nomination of Officer: (THIS ITEM WAS FORMALL'V ITEM SA) 1. Chairperson to serve until September 26, 2019 Chairperson Resnick nominated Tim Burnich as Chairperson. MOTION: Chairperson Resnick moved to nominate Tim Burnich as Chairperson. Member Perlow seconded the motion. UPON ROLL CALL: Chairperson Resnick - Yes Member Perlow - Yes Member Karabec - Yes Member Schlam - Yes Member Burnich - Yes The motion carried 5 to 0. Town Clerk Gaskins noted the Board was now required to elect a Vice Chairperson. MOTION: Chairperson Burnich moved to nominate Paul Resnick as Vice Chairperson. Member Schlam seconded the motion. Code Enforcement Board Regular Meeting Minutes Tuesday, May 14, 2019 Page 3 of 8 UPON ROLL CALL: Chairperson Burnich - Yes Member Schlam - Yes Member Perlow - Yes Member Karabec - Yes Vice Chairperson Resnick - Yes The motion carried 5 to 0. 6. APPROVAL OF MINUTES: A. October 23, 2018, Regular Meeting Chairperson Burnich asked if there were any additions, deletions or corrections to the October 23, 2019 Regular Meeting Minutes. Hearing none, he called for a motion. MOTION: Member Perlow moved to approve the Minutes. Vice Chairperson Resnick unanimously. 7. UNFINISHED BUSINESS: A. None. 8. NEW BUSINESS: October 23, 2019 Regular Meeting seconded the motion, which passed A. Nomination of Officer: (THIS ITEM WAS MOVED TO ITEM 8A)i Chairperson to serve until September 26, 2019 B. Current Ordinance Requirements for Stcrmwater Management Presentation by Building Official Jeffrey Massie. Building Official Jeffrey Massie reported he would discuss the current Ordinance Requirements, how Town Ordinance worked with FDOT regarding best management practices, opportunities for improvement, and the method of compliance moving forward. He noted he would be looking to the Code Enforcement Board (CEB) -for recommendations on methods of compliance. He reviewed stormwater terms including: 1) Runoff — the volume of rainwater not contained within a property. 2) Seasonal high water table — a number established by the South Florida Water Management District (SFWMD) denoting the distance between the ground elevation and the ground water table below the standard rate. 3) Design water table — engineering term, which indicated the difference between ground elevation and surface high water table. 4) Design storm event — derived by ordinance from FDOT rainfall intensity and frequency curves. 5) Pervious versus impervious — a ratio of green area on any property versus paved/developed area. 6) Code Enforcement Board Regular Meeting Minutes Tuesday, May 14, 2019 Paine 4 of 8 Exfiltration trench — a system of perforated rock and filter fabric which helped to capture and return stormwater to the groundwater table. 7) Retention swales — green areas, typically "V" shaped, which temporarily held stormwater to facility percolation. Building Official Massie reported current Ordinance 3B indicated, "Completed construction shall retain the first 1 inch of runoff on site based upon the design storm 3 year event." He displayed a chart, which illustrated how to calculate runoff captured by existing soils. He noted there were two profiles in the Town of Highland Beach, the East and the West. He explained the East contained soils classified as "excessively drained" which was fine sand which would retain a lot of water. He explained the West contained soils more organic in nature, more expansive, and therefore more prone to runoff. He noted once the properties which did not retain the first inch of runoff were identified using runoff calculations homeowners needed to be notified of the deficiency. He explained this became complicated, especially due to the right of way easement. He noted FDOT indicated. the most effective manner to catch runoff was through trench drains. He reported Town Ordinance regarding stormwater drainage had been in place since 1972, but the Town had not enforced the Ordinance stringently. He noted SFWMD provided equations to identify areas not meeting the runoff requirements. He discussed properties on the East and West and the water retention rate of the properties. He noted solutions included: exfiltration trenches which were very effective as evidenced by most new construction properties which employed exfiltration trenches; removal of organics from swales in the right of way area; and identification of properties which did not retain 1 inch of runoff. Building Official Massie reported in February there was a significant rain event with rainfall totaling 9 inches in 24 hours. He noted this signified a 10 -year event. He displayed and reviewed photos of flooded areas following the event (which needed improvement), and non -flooded areas following the event (in which the stormwater drainage methods worked well). He stated current stormwater ordinance was adopted on July 25, 2000; however, paving ordinance had been in place since 1972; therefore, there was no "grandfathering -in" of older properties; all properties were subject to stormwater ordinance. He noted evaluating existing development to determine nonconforming would take a fair amount of Staff's time and there was the difficulty of how the process should be progress. He stated he was unsure if Staff should investigate all Town properties at once. He stated the Town was partnering with FDOT regarding tress and landscaping in FDOT right of way encroaching the road. He noted permitting was required for all activity in the FDOT right of way. He stated the path of voluntary compliance was always best. He noted most residents were unaware of noncompliance. He discussed the possibility of establishing a grading system for properties not in compliance and notifying property owners who were the most out of compliance first. He commented the residents of Highland Beach disliked disruption; therefore, it was important to properly order the construction to minimize traffic disruption. He noted Staff looked to the CEB for input, Staff had received input from the Planning and Zoning Board, and he was working closely the Town Manager and FDOT to develop a plan of action. Code Enforcement Board Regular Meeting Minutes Tuesday, May 14, 2019 Pale 5 of 8 Chairperson Burnich asked if Mr. Massie had recommendations regarding methods of compliance. Building Official Massie stated he recommended a uniform method of identification of problem properties and application of a grading system, followed by repair of properties according to the grading system (worst to best). Discussion ensued regarding use of professional engineering firms to assist with identification of problem homes, the possible expense of professional engineering firins, and the method being utilized by Staff to identify problem properties being standard engineering principle. Building Official Massie explained identifying the noncompliant properties was not the problem; the problem was how to enforce compliance. Chairperson Burnich noted the Code Enforcement Board was a quasi-judicial Board - and as such it needed to understand what homeowners were required to comply to and with. Board Member Perlow stated the Town might consider a cost partnership with residents which might encourage compliance. Building Official Massie stated the Town Manager was working with FDOT regarding swale modification during the next road construction project. He indicated there were consequences for noncompliance. He stated he hoped the residents would cooperate with compliance. Discussion ensued regarding the Town not being able to spend public funds on private property, runoff into the right of way, repair of right of way drainage problems, encroaching landscaping, organic materials including clay, silt and muck type dirt, installation of bicycle lanes, and FDOT right of way being 50 feet (up to the telephone poles). Vice Chairperson Resnick stated the swales would need to be reworked following road widening. He indicated residents over watered on non -rainy days and it was important to educate the public regarding proper watering methods for sloped lawns. Board Member Schlam stated a full assessment needed to be done and he recommended possibly breaking up the Town into three sections for assessment. Discussion ensued regarding FDOT assisting financially with the right of way repairs, FDOT flood standards versus Town flood standards, swales being 10 feet wide, the Town Manager indicating FDOT would repair some right of way problems, but not until the road project began which was years away, and the requirement of the Code Enforcement Board being to enforce code, not write code. Discussion ensued regarding specific properties, specific methods of drainage and which worked best. Board Member Karabec stated he felt the Town needed to work with FDOT closely, and needed to hire an engineering firm to develop a plan, at which point Code Enforcement could enforce the plan. He stated he believed most of the drainage problems could be solved with swales. Discussion ensued regarding working with the newest properties first and working backwards to the oldest properties, and newest properties mostly being in compliance. Chairperson Burnich asked if there were any public comments regarding Item 8A. Mr. Jack Halpern stated his address was 45 Ocean. He stated FDOT was instrumental in this and it was important to understand FDOT's project intentions prior to moving forward with stormwater drainage repairs. He stated he did not believe the first step was enforcement. He suggested identification and approach of the worst ponding sites to determine if the property owners were willing to come into compliance. Code Enforcement Board Regular- Meeting Minutes Tuesday, May 14, 2019 Parc 6 of 8 Mr. Carl Gehman stated he lived on Highland Beach Drive. He stated the ponding at Seagate was very bad. Building Official Massie reported he inspected Seagate's exfiltration trench system (which was massive and in working order) and he felt the ponding in the area might be due to runoff from surrounding properties. Mr. John Calvin stated his address 3407 S. Ocean. He suggested the word "enforcement" projected a negative image regarding this group. He asked the Town to consider changing the Board's name to the Code Compliance Board to better reflect the Town and residents were working together to make Highland Beach a better place to live. Chairperson Burnich asked if there were any additional public comments. There were none. C. Review and Discussion Regarding Propose(" Ordinances: 1. On Street Parking Police Chief Craig_ Hartmann noted this proposed ordinance was being rethought and redrafted. Discussion ensued regarding whether this Item should be tabled or reviewed. Board Member Schlam stated he understood there was concern regarding Code Enforcement possibly becoming responsible for criminal offenses regarding parking. City Attorney Rubin stated parking violations were not criminal unless the Police Department opted to issue a Notice to Appear through the County system, but criminal penalties would never come before the Code Enforcement Board; parking violations were all civil infractions. He stated Item 8C.1 updated parking regulations. He explained the language in the old code was archaic and the new code brought the violations in line with how most municipalities regulated. He gave examples of parking violations discussed in the Code. Discussion ensued regarding driving while intoxicated violations not coming before the CEB, the placement of no parking signs, not wanting signs to clutter AIA, and traffic regulations being enforced by State Statute. Vice Chairperson Resnick asked if he was correct in understanding parking was not permitted on any grass area, particularly along AIA. Police Chief Hartmann responded in the affirmative. He noted this was a challenge on AIA as there were was no paved shoulder for vehicles if blocking traffic; the grass was the only place to park off Al A. He stated the Police monitored vehicles parked along A 1 A to determine if vehicles utilizing the grass shoulder were in distress or taking advantage. MOTION: Member Schlam moved to table Item 8C.1 (Proposed Ordinance/On Street Parking) for further information. Vice Chairperson Resnick seconded the motion, which passed unanimously. 2. Code Citation Process Code Compliance Officer Jason Manko stated currently the Police Department handled citations in which a onetime fee was issued for a violation, such as littering. He explained currently the process he followed as a Code Compliance Officer was in regard to property code violations. He noted most residents were unaware of violations and most residents were Code Enforcement Board Regular Meeting Minutes Tuesday, May 14, 2019 Pale 7 of 8 happy to comply once made aware of the violation. He stated the Code Citation Process was handled by the Police Department, particularly after working hours. He explained he worked normal business hours and after hours residents could call the nonemergency police department line to make complaints. He stated if the Police issued a citation he could open a case to give formal notice regarding the violation. He explained Code Enforcement addressed violations while Police addressed citations. He explained this was how it worked currently; however, this process might change with the new Code Citation Process. He stated the new Code Citation Process enabled Code Enforcement Officers to write citations. Discussion ensued regarding consequences of neglecting a citation fine, consequences of refusal to come into compliance, citations being primarily issued for one time violations not habitual violations, fees for violations, code violation contestation processes, fines for violations, maximum civil penalty being $500 dollars per incident, and tabling the Code Citation Process for further review. MOTION: Member Schlam moved to table Item 8C.2 (Proposed Ordinance/Code Citation Process) for further information. Member Karabec seconded the motion, which passed unanimously. 9. ANNOUNCEMENTS: Town Clerk Lanelda Gaskins made the following announcements: Board of Adjustment and Appeals Meeting — May 20, 2019 at 9:30 AM Town Hall Closed for Memorial Day — May 27, 2019 Town Commission Workshop Meeting — May 28, 2019,1:30 PM Vice Chairperson Resnick stated the CEB was still short Members. He stated Mr. Gehman submitted his application and would be considered on May 28, 2019. He encouraged any who were interested in serving on the Code Enforcement Board to submit an application to the Town Clerk. 10. ADJOURNMENT: Chairperson Burnich called for a motion to adjourn at 3:30 PM. MOTION: Member Schlam moved to adjourn. Member Perlow seconded the motion, which passed unanimously. The Meeting was adjourned at 3:30 p.m. Code Enforcement Board Regular Meeting Minutes Tuesday, May 14, 2019 Page 8 of 8 APPROVED at: Julw2�Zf�?Q19 Regular Meeting. p'oy.o tram. ,, �! 1+ 6 Y •Mj. J O ATTEST.' • • � Vit; ,y +: ITeverly A. Wrigfit Deputy Town Clerk Thomas Burnich, Chairperson Transcribed by: TEI/he Date