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2020.09.16_CEB_Minutes_Regular TOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD MEETING MINUTES Town Hall / Commission Chambers Date: September 16, 2020 3614 South Ocean Boulevard Time: 2:00 P.M. Highland Beach, Florida 1. CALL TO ORDER Chairperson Burnich called the meeting to order at 2:00 P.M. 2. PRESENT UPON ROLL CALL Member Joel Leinson Member Bryan Perliman Member Michael Cherbini Member Jane Perlow Member Myles Schlam Vice Chairperson Paul Resnick Chairperson Thomas "Tim" Burnich Town Attorney Leonard Rubin Code Enforcement Officer Jason Manko Building Official Jeff Remas Deputy Town Clerk Beverly Wright 3. PLEDGE OF ALLEGIANCE The Code Enforcement Board led the Pledge of Allegiance. Chairperson Burnich welcome new members Joel Leinson and Michael Cherbini to the board. 4. PUBLIC COMMENT There were no public comments. APPROVAL OF THE AGENDA Chairperson Burnich advised there would be one additional case added to the agenda, case No. 2020-82, Ambassador East Condo Association, item 7F. He asked the board members if there were any additions or deletions to the agenda. Hearing none, he called for a motion to approve the agenda as modified, which resulted as follows: MOTION: Member Schlam moved to accept the agenda as modified, Seconded by Vice Chairperson Resnick, which passed (7 to 0) unanimously. 1 Code Enforcement Board Meeting Minutes Page 2 of 7 September 16, 2020 Chairperson Burnich requested that board members wanting to provide comment should raise their hands to be recognized for such, in order to keep the meeting orderly. 5. APPROVAL OF MINUTES A. July 23, 2019 Chairperson Burnich asked if there were any additions, deletions or corrections to the meeting of July 23, 2019? Hearing none, he asked for a motion to approve the minutes as presented, which resulted as follows: MOTION: Chairperson Burnich asked all in favor of the approval of the July 23, 2019 minutes say Aye or oppose say Nay. The motion passed (7 to 0) unanimously. 6. UNFINISHED BUSINESS Chairperson Burnich advised that there was no unfinished business. 7. NEW BUSINESS A. Nomination of Chairperson and Vice Chairperson Chairperson Burnich introduced item 7A and asked for a motion to nominate a Chairperson to serve in the capacity for a one-year term, ending September 30, 2021, in accordance with the town's Ordinance, which resulted as follows. MOTION: Vice Chairperson Resnick moved to nominate Chairperson Burnich to continue as Chairperson for the one-year term, Seconded by Member Cherbini, which passed (7 to 0) unanimously. Member Schlam asked about Chair and Vice Chair term limits. Deputy Town Clerk Beverly Wright read the language from Resolution No. 19-029 R into records. B. Nomination of Vice Chairperson Chairperson Burnich introduced item 713 into records and asked for a motion to nominate a Vice Chairperson to serve in the capacity for a one-year term, ending September 30, 2021 , in accordance with the town's Ordinance. Member Schlam commented that Paul Resnick was already the Vice Chairperson and asked if he was going to stay on? Chairperson Burnich and Town Attorney Rubin advised that there needed to be a vote for Vice Chairperson. Town Attorney Rubin stated that the board could make more than one nomination for the position if someone wanted to nominate someone else. Chairperson Burnich asked if there were any other nominations? There being no other nominations, the motion resulted as follows: MOTION: Chairperson Burnich moved to nominate Paul Resnick as Vice Chairperson for the one-year term, Seconded by Member Perliman, which passed (7 to 0) unanimously. 2 Code Enforcement Board Meeting Minutes Page 3 of 7 September 16, 2020 C. Status of Compliance Before Hearing for July 14, 2020 CEB Cancelled Meeting: 2020-23 - Karen M. Hammett, 3009 S Ocean Blvd., #804 2020-29 - Charles Lill, 3101 S Ocean Blvd., #500 2020-49 - Robert Hammond, 4205 S Ocean Blvd. Chairperson Burnich asked Code Enforcement Officer Jason Manko to give statuses on item 7C, the three cases that were supposed to come before the board that had been resolved. Code Enforcement Officer Manko advised that the cases were scheduled to come before the board at the cancelled July 14, 2020 Code Enforcement Board meeting, and read into records that prior to today's meeting, all involved parties had come into compliance. Therefore, the cases were all closed. D. CASE #2020-61, 1016 Grand Court (Kenneth & Carol Pierce) Code Section: 30-68(G)(1)(b) Description: Observed boat stored in accessory marine facility that is not registered to owner of property. Legal: GOVLT 2 E OF FIND CNL K/A LOT NO 16 PCN- 24-43-47-09-00-002-0040 Chairperson Burnich read item 9D into records and asked if the board members had any Ex Parte communications to disclose? Vice Chairperson Resnick advised that since he was the recording party on it, he may have one. He mentioned he was told by Town Manager Labadie, and hoped it continued to be so, that he could participate in discussion, however, when a vote comes down, he may not vote. Chairperson Burnich asked if there were any others with Ex Parte communications? Hearing none, he opened the hearing and asked Deputy Town Clerk Wright to swear in those giving testimony. There were no testimonies for this item. Town Attorney Rubin noted that he believed the case was being continued. Code Enforcement Office Manko advised that the case would be closed because of some clerical issues regarding the parcels that the violation occurred on. The case would be dropped and revisited with a different violation, citing different ordinances and parcels. He advised the case was closed. Vice Chairperson Resnick commented that before the case was closed, since he reported it, he did not understand why the case was not being heard today. That one of the boats had been illegally parked, which was for the board to determine, at a dock owned by another person for over three months and that a second boat showed up about three weeks ago. He said both boats were owned by others than the owner of the docks. He asked for an explanation as to why the case had to be continued? Town Attorney Rubin 3 Code Enforcement Board Meeting Minutes Page 4 of 7 September 16, 2020 commented it was the way it was cited, it needed to be cited a different way, there were some procedural issues that needed to be addressed and that it would come back next month. Vice Chairperson Resnick said he was extremely bothered by it because it had gone on last year and it was solved, it had happened again, and it was over three months now. The people living in his condo were aware of it and there was a group of unhappy people. He stated the law was being broken on their property, asked that whatever administrative procedures needed to be done, gets done immediately and another meeting is reconvened as soon as possible. Not to wait another 30 days, having them looking down on illegal activity. Town Attorney Rubin advised Vice Chairperson Resnick that it would come back at a later date. Chairperson Resnick asked how soon it could be brought back. Town Attorney Rubin commented it needed to be recited and it took some time. He was not sure when it would come back, but it would come back. Chairperson Resnick asked for more information than being recited. Town Attorney Rubin advised that it was not appropriate to discuss the case if the case was not being heard, that they could have a discussion offline some other time. Chairperson Resnick remarked that the guy was being allowed to continue another 30 days or more and that in his opinion, breaking the ordinance. He asked why it could not be done sooner. Town Attorney Rubin advised he did not know when it would be done, that Code Enforcement Officer Manko would have to get the case prepped. Stating that when it is recited, a certain amount of time is needed for compliance, although not the same amount as was given the first time. It would come back. Chairperson Resnick commented that as a participating member of the board, he sincerely request that it is expedited as quickly as possible to get rid of the nuisance. Chairperson Burnich closed item 7D public hearing. E. CASE #2020-83, 3221 S Ocean (Vita Mauro) Code Section: 30-122(a) Description: Observed replacement water heater installation performed without permit. Legal: AMBASSADORS V NORTH COND BLDG 2 APT 801 PCN: 24-43-46-33-11-002-0801 Chairperson Burnich read item 7E into records and asked if the board members had any Ex Parte Communications to disclose? There being none, he opened the hearing and asked Deputy Town Clerk Wright to swear in those giving testimony. Deputy Town Clerk Wright swore in Ms. Vita Mauro of 3221 S Ocean Blvd. Chairperson Burnich turned the item over to Code Enforcement Manko to proceed with presenting the case. 4 Code Enforcement Board Meeting Minutes Page 5 of 7 September 16, 2020 Code Enforcement Officer Manko advised that Ms. Mauro was requesting a continuance on the case. Her contractor had submitted a permit; however, the permit had not been approved yet because of deficiencies in it that needed resolving. The deficiencies were being resolved; therefore, Ms. Mauro was requesting a continuance. He said a 30-day continuance is what the town recommended. Member Schlam asked why a permit was not received prior to the installation of the water heater? Ms. Mauro answered that she did not know. She said that she had given the paper and that the board should know what to do. She did not know. She said she called the plumber and he went to Ambassador East and that she does not know what they did. Member Schlam asked Town Attorney Rubin if it was incumbent upon the unit owner or the plumber, to get the permit? Town Attorney Rubin commented that it was ultimately the responsibility of the property owner, but the contractor had to pull the permit. Member Schlam asked if it was possible that maybe the contractor said the permit was all taken care of and Ms. Mauro might have been under that misconception and he never did it. Now, after the fact, he is filing for a permit, after a violation was cited, correct? Town Attorney Rubin commented could be. Chairperson Burnich commented that sometimes he had seen some plumbers try to get away without pulling a permit and this plumber got caught and it was why they were here today. He asked if anyone had any other questions regarding the matter. Vice Chairperson Resnick asked why the case was being postponed? Code Enforcement Officer Manko commented that he was not postponing on behalf of the resident. He was requesting a continuance to be heard in 30 days. The permit was in the process of being reviewed. If the board wanted to hear the case, the case could be heard. However, Ms. Mauro was requesting a continuance and had shown good faith effort in getting her contractor to apply for the permit. As of now, the permit is not approved, there is a submission for it, there are some deficiencies which he is not completely aware of and is requesting 30 days continuance. Member Schlam asked even if a permit were to be approved now, the citation was for not having a permit at the time of the installation, correct? Because the permit is supposed to be obtained prior to having the work done. If everybody was just going out and saying okay, I got caught, so now I am going to apply for a permit, it kind of defeats the purpose. Chairperson Burnich advised that what sometimes happens is that hot water tanks in a high-rise may be leaking and has to be replaced immediately. He believes in the past; the town had allowed plumbers to replace tanks and apply for the permits after the fact. He gave an example of a faulty air conditioner situation. Member Schlam commented it was a good point. It was an emergency situation. Chairperson Burnich gave opinion that he had witnessed the installation of contractors putting in hot water tanks and applying for the permits after. Stating that if a contractor had worked in the town in the past, it was usually not an issue. Maybe this contractor had not worked in the past, did not have his insurance papers or licensing up to date and that might be what was holding up the permit. 5 Code Enforcement Board Meeting Minutes Page 6 of 7 September 16, 2020 Town Attorney Rubin advise that Building Official Jeffrey Remus wanted to address it. Building Official Remus gave perspective that what happened was it was an emergency. There was a significant leak that caused eventually $20,000 worth of damage to the unit and properties below it. He cited administrative amendment, section 105.2.1 and commented that they are allowed to do that, but they must apply for a permit by the next business day. The contractor never applied at all, so Ms. Mauro was in a situation where there was significant damage that needed to be repaired immediately. She was relying on the contractor. The contractor is the one who did not pull the permit. He has since applied for a permit, but the situation is that Ms. Mauro is in New York and so there has been an issue with them getting the correct paperwork because she has to have the application signed and notarized. The contractor is not necessarily the best communicator. So, rather than coming after Ms. Mauro, he would agree with her continuance for the next month, so that they had time to work with the contractor. If not, they were going to go after the contractor directly, in another fashion, with the licensing board if he did not want to be compliant (crosstalking). Member Schlam commented it should be done. Ms. Mauro had made her efforts and that he knows these things happen and gave an example of an ordeal that happened to him (crosstalking). He said he did not see a reason to fine Ms. Mauro. He thought that she had done what she could (crosstalking). Vice Chairperson Resnick advised that he wanted to let it go for 30 or 60 days, as Ms. Mauro seemed like she was trying to do the right thing and had gotten taken. Chairperson Burnich asked if anyone else had comments, and asked the board for a motion to postpone item 7E for 30 days. MOTION: Member Leinson made a motion to postpone item 7E for 30 days, Seconded by Member Schlam, which passed (7 to 0) unanimously. F. CASE #2020-82, Ambassadors East Condo Assn. Inc. Code Section: 30-122(a) Description: Observed water damage restoration performed without permit. Legal: AMBASSADORS V NORTH COND BLDG 3 APT 1006 PCN: 24-43-46-33-11-003-1006 Chairperson Burnich read item 7F into record and asked the board members if they had any Ex Parte communications to disclose?There being none, he opened the hearing and turned the item over to Code Enforcement Manko to present. Code Enforcement Officer Manko advised that prior to today's meeting, a permit had been issued bringing the case into compliance. 6 09. 16.2020 Code Enforcement Board Mtg Minutes Final Audit Report 2020-12-10 Created: 2020-12-09 By: Beverly Wright(bwright@highlandbeach.us) Status: Signed Transaction ID: CBJCHBCAABAASMjN-xzZnnvbbCllTeaC6ax-olnFiriH "09. 16.2020 Code Enforcement Board Mtg Minutes" History Document created by Beverly Wright(bwright@highlandbeach.us) 2020-12-09-4:25:38 PM GMT-IP address: 12.18.232.162 '.� Document emailed to Thomas Burnich (timburnich@att.net)for signature 2020-12-09-4:36:51 PM GMT Email viewed by Thomas Burnich (timburnich@att.net) 2020-12-09-4:45:10 PM GMT-IP address:209.73.183.94 Email viewed by Thomas Burnich (timburnich@att.net) 2020-12-10-2:21:04 PM GMT-IP address:204.232.120.115 �© Document e-signed by Thomas Burnich (timburnich@att.net) Signature Date:2020-12-10-2:23:09 PM GMT-Time Source:server-IP address:204.232.120.115 d Agreement completed. 2020-12-10-2:23:09 PM GMT - Adobe Sign Code Enforcement Board Meeting Minutes Page 7 of 7 September �6, 2020 8. BOARD MEMBER REPORTS There were no board member reports. Chairperson Burnich asked if there were any other business that needed discussion. Hearing none, Deputy Town Clerk Wright was asked to read the announcements. 9. ANNOUNCEMENTS A. September 22, 2020 - 5:01 P.M. Virtual Commission Special Second Public Hearing Budget Meeting B. September 23, 2020 -2:00 P.M. Virtual Natural Resources Preservation Advisory Board Meeting C. September 24, 2020 - 3:00 P.M. Virtual Financial Advisory Board Meeting D. October 6, 2020 1:30 P.M. Virtual Town Commission Meeting E. October 8, 2020 9:30 A.M. Virtual Planning Board Meeting 10. ADJOURNMENT There being no further business to come before the board, Chairperson Burnich adjourned the meeting at 2:28 P.M. APPROVED at October 29, 2020, 2020 Code Enforcement Regular Meeting .vs � `�ssae.,•q 0 Cn . Thomas Burnich(Dec 10,2020 09:23 EST) Thomas Burnich, Chairperson ATTEST- *Y ' �� '•p, dV Transcribed by: Beverly Wright 1 rz - _ air f /0 e right ate Deputy Town Cler Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are transcribed as a brief summary reflecting the event of the meeting. Verbatim audio/video of this meeting can be found on the town's Media Archives & Minutes webpage- https://highlandbeach-fi.municodemeetings.com/. 7