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2008.08.20_CAB_Minutes_Regular• TOWN OF ffiGHLAND BEACH CODE ENFORCEMENT REGULAR/ MEETING MINUTES Wed Au ust 20.2008 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 and Members Frank Colarullo and Eugene Diliberto. Sec. Paul Resnick, Jack Halpern and Lori Wolin were 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. Halpern, Mr. Resnick and Ms. Wolin did inform Recording Clerk Jane Dillon that they would be absent, and are hereby excused from this meeting. Agnroval of Minutes Upon MOTION by MIL SAHN/MR. COLARULLO, the amended minutes of the July 16, 2008 Regular Meeting was unanimously approved. New Business Case No 2008-02 Re' 4215 Tranquility Drive -Steven Glanz • In violation of Town Code: Chapter 17-3 Nuisances /Noise created by pool equipment in excess of County recommended standards. Building Official Bob Dawson stated that he received a complaint from Mr. Glanz's neighbor that the pool equipment was too loud (pool heater.} He noted that the neighbor was not in attendance. Mr. Dawson also noted that the Town does not have standards for this (does not set a decibel limit), but the county does, and that decibel readings were taken and found that the level was within the county standards (62-64 decibels.) The county standards also say that residential use could be exempt. Mr. Dawson also stated that the complaining neighbor also has noisy equipment. Dr. Steven Glanz was sworn in and made the following statements. Mr. Burger, the complaining neighbor, tends to complain about anything in the neighborhood, but that in fact he (Mr. Glanz) replaced the air conditioner unit, pool heater and other equipment that might be the noise maker. He now has all new equipment which runs as it should, within the manufacturers standards. He has let a ficus hedge grow thick to reduce noise, and has also offered to construct a PVC sound barrier to help reduce noise. He does not know what else he can do to appease Mr. Burger. He took decibel readings when all the equipment was going at once and it registered at 62. His pool pump is off at night and typically not everything is running at the same time. Mr. Glanz noted that he can't seem to make Mr. Burger happy, and doesn't know where to go at this point, which is why it was suggested he come before the Board to obtain some direction. • Code Enforcement Board August 20.2008 Page 2 of 3 Chairman Reidenberg felt that unless both parties are before the Board, the members cannot justify a decision. After hearing Dr. Glanz's side, and since Mr. Burger was not present, the Board made the following MOTION. THE CODE ENFORCEMENT BOARD DISMISSES CLAIM OF VIOLATION CASE N0.2008-02, 4215 TRANQUILITY DRIVE, OWNER STEVEN GLANZ, ON THE PREMISES THAT TT CANNOT MAKE A RESOLUTION BASED SOLEY ON ONLY ONE SIDE BEING PRESENT AT TODAY' S HEARING. MOTION carried unanimously. Old Business AlA Obstructions Chairman Reidenberg noted Town Manager Dale Sugerman's presence to offer an update about the meetings that have been held with the DOT, Chief of Police and Building Official. He also noted that Mr. Sugerman agreed that if there are any future meetings with DOT Mr. Reidenberg may attend. Town Manager Dale Sugerman offered the following report: The Town staff is working • with the DOT to make sure someone is enforcing the permit process re construction parking on State Road AlA. The director of permitting for this district said they would delegate the responsibility of enforcement to the Town, but their legal department determined this could not be delegated to Highland Beach, and the FDOT is the only department who can issue permits for parking on SRAlA. The building department has the necessary DOT permit applications available to give to contractors. The permit is only good for 90 days at a time, and then must be renewed. As of August 15 most contractors do hold a permit. The permit is issued to a property address which covers all trades on the property. The contractors must park beyond the twelve foot setback from the paved shoulder of the road. If all parking can be contained within the site, a permit is not necessary. Mr. Reidenberg said that he wants to finalize and transmit the Board's findings to the Town Commission. The following was established: 1. Strict enforcement by whatever police authority is in effect -all state and town laws regarding parking, speed, bike lanes, turning regulations, etc. 2. Signs stating no u-turns, no passing on swales, no parking on swales. Bike riders, single file only. 3. Welcome sign at entrances to Town, stating that all Town laws are strictly enforced. 4. If, upon discretion of the Building Official that parking on Al A may be • necessary, contractor shall furnish a copy of their DOT application for parking. • Code Enforcement Board August 20, 2008 Page 3 of 3 5. There shall be no free standing reflectors within the unpaved portion of the right- of-way. 6. There shall be no concrete pyramids or rounds in the unpaved portion of the right- of-way. 7. Recommend the installation of hedges no higher than 18 inches in lieu of reflectors, concrete rounds and pyramids. 8. All mailboxes be moved to the tree line within the right-of--way. The list of recommendations will be transmitted to the Town Commission. Adiournment With no further business to come before the Board, MOTION to adjourn was made by Mr. Sahn/ Mr. Colarullo at 10:55 a.m. ~"1 , Auproval• Louis M. Reidenberg, Ch. (~ ~~' ~-s~'L'"--.---~ J ' '~--~% "` Martin Sahn, V. Ch. C ce~is ~ ~- ~,~ ~ "~'t -vS? w ~,~ Paul Resnick, Sec. absent Frank L. Colarullo ~ - -v Jack A. Halpern absent Eugene Diliberto Lori Wolin ~ absent Atte Date: `~ ~`~" 0~