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2008.07.16_CEB_Minutes_Regular• TOWN OF HIGHLAND BEACH CODE ENFORCEMENT REGULAR/ MEETING MINUTES Wed._July 16, 2008 9:30 a.m. Chairman Louis Reidenberg called the meeting to order at 9:30 a.m. In attendance were Chair Reidenberg, Vice Chair Martin Sahn, Sec. Paul Resnick and Members Frank Colarullo, Jack Halpern and Lori Wolin. Eugene Diliberto was absent. Also in attendance was Town Attorney Larry Corman, Building Official Bob Dawson and members of the general public. Mr. Reidenberg noted for the record that Mr. Diliberto did inform Recording Clerk Jane Dillon that he would be absent due to a medical appointment, and is hereby excused from this meeting. He also reminded the Board members that the new procedure is to contact himself or Jane to document an excused absence. Approval of Minutes Upon MOTION by Mr. HalpernlMr. Colarullo, the minutes of the May 21, 2008 Regular/Workshop Meeting was approved. Upon MOTION by Mr. Halpern/Mrs. Wolin the minutes of the June 18, 2008 Regular/Workshop Meeting was approved as amended, noting the absence of the excused board members. • Old Business Update on Case No. 2008-01 Re: 2719 S. Ocean Blvd. -Marco Musa Mr. Dawson stated that a new house is going to be constructed on the site, and the plans will be going before the Planning Board on the 30~' of this month. The wave runners that were in the front yard have been removed, yet Mr. Resnick said that he noticed one in the front yard today - Mr. Dawson will check into this. Mr. Reidenberg asked what action could be taken to enforce the lien. Mr. Carman said if the property is transferred the lien still stands unless the owner cures the lien. Property owner cannot be forced to demolish sooner, so it was recommended that Attorney Corman write a letter to Mr. Musa's attorney requesting that he contact Mr. Corman within the next few weeks regarding the demo of the building and the fact that the lien is still accumulating. Mr. Corman noted that a lien can continue for a period often years, per F.S. 162.10 MOTION was made by Mr. Resnick/Mr. Sahn that Town Attorney Larry Corrnan write a letter to Mr. Musa's attorney to obtain some parameters as to when the building will be demolished. Motion carried. Mr. Corman also suggested that telling the property owner that if they move promptly, the fine may be reduced -this motivates the property owner. Mr. Corman also took a look at the law regarding building officials going onto private property. U. S. Supreme Court law states if a property owner refuses to allow entry, a search warrant would need to be obtained, but it is a lower standard than a police office would need to satisfy. • • Code Enforcement Board Julv 16.2008 Pale 2 of 3 AlA Obstructions. Regarding the list of obstructions, Chairman Reidenberg now feels there may be a potential issue in applying these issues in case the Town changes to the Sheriff's dept, but suggested a letter, as follows, go to the Town Commission: Draft Acting on your directive, the Town of Highland Beach Code Enforcement Board has investigated, researched and held public hearings and taken all of the necessary steps to evaluate and make recommendations for your consideration as to the obstructions on AlA. We propose the following recommendations be adopted as a policy of the Town and/or be made as amendments to the Code of Highland Beach. Strict enforcement by whatever police authority is in effect -all state and town laws regarding parking, speed, bike lanes, turning regulations, etc. The reason for this obviously being the fact that for the most part the parking regulation would have to be in effect, where the speed would have to potentially be to avoid accidents that may result in all kinds of damage to the swale, and unless and until • we have that significantly greater enforcement, we will have the potential of problems on an ongoing basis. Mr. Dawson said that the police dept issued warnings to contractors parking in swales. The response was to send them to DOT to obtain a permit, DOT refused to do so. Town Manager Dale Sugerman, Police Chief Angelillo held a meeting with the permit writer of the DOT about 10 days ago, gave him a copy of the Town's ordinance which was forwarded to the DOT's attorney, which came back with some questions. Another meeting will be held next week, to resolve issue of who can write a permit. The DOT seemed to change policy, and the DOT will probably issue permits but be more restrictive. Mr. Dawson noted that these permits are for construction people, not service people. Mr. Sahn suggested waiting to see outcome of meetings with DOT Chairman Reidenberg suggested that the Board have a joint working meeting with the Town Commission to discuss the issues and present a history of what the board has been doing and where the board is at. Mr. Halpern suggested that representatives from DOT and the Police Dept. should be at that meeting. Upon MOTION by MR SAHN/MR HALPERN, it was unanimously approved that Chairman Reidenberg will ask Town Manager Sugerman if he can attend the meetings with DOT, Mr. Dawson, Police Chief and Mr. Sugerman. He will also speak to Mr. Sugerman about holding a joint meeting with the CEB and the Town Commission. He will also contact the Mayor. • • Code Enforcement Board July 16, 2008 Page 3 of 3 Other Business Beverly Knight, 4023 S. Ocean Blvd., was present as a turtle monitor, zone 2 from 4305 to 3901. She noted a problem the turtle volunteers are having with homeowners who are not turning their beachfront lights off at night. She has documented the particular homes that are in violation, and with the help of the police dept., attempts to contact the homeowners, but very often has no response from them. Sometimes they will turn the lights off for a while, but then start running them again. She asked the Board what monetarily violations can be placed on a homeowner who refuses to turn their lights off. Attorney Corman noted that Town Ordinance, Section 4-8 speaks specifically to this, and that Mr. Dawson can issue a code violation to take effect immediately. Mr. Dawson said that he could send a Code Enforcement notice to appear, but would need two witnesses to testify that the lights are on, as he would not be able to view this himself since the violation occurs at night. If attempts to serve are unsuccessful, a notice may be posted on the property. It was discussed about sending a letter to the homeowners telling them of the Code. Mr. Dawson felt a claim of violation was the best route to go, while Chairman Reidenberg felt a letter was a friendlier way to go, and then the residents who don't comply be sent a claim of violation notice.. • Barbara James, the turtle volunteer permit holder, and Beverly Knight will draft a letter that Mr. Dawson can send to the beach residents informing them of the Town Ordinance. Attorney Corman will review first. It was also suggested that something be placed in the local papers. Adiournment With no further business to come before the Boazd, MOTION to adjourn was made by Mr. Colarullo/NIr. Diliberto at 10:35 a.m. Apuroval• Louis M. Reidenberg, Martin Sahn, V. Ch. Paul Resnick, Sec. Frank L. Colarullo Jack A. Halpern Eugene Diliberto t Lori Wolin `'' Attest Date: c,~. a J • DRAFT Code Enforcement Recommendations to Town Commission AlA Obstructions • Signage: . Welcome signs at both Town entrances. Signs stating no u-turns, no passing on swales, no parking on swales, Bike riders -single file only. • Stronger police enforcement. • VMS contractor working with DOT -get copy of their contract re their duties on Regulating obstructions on AlA. • No reflectors, concrete pyramids/rounds. • Installation of low hedges in place of obstructions. • Replacement of torn up sod -who is responsible? -contractor? Property owner? Town? • Move mailboxes back to tree line on swales. • Ask St. Lucy Church for use of their parking lot for contractor parking. • Inform neighboring residents of upcoming construction. • Place colored surface mounts on sides of the road. •