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2021.01.12_CEB_Minutes_Regular • TOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD MEETING MINUTES Town Hall / Commission Chambers Date: January 12, 2021 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 Bryan Perliman Member Michael Cherbini Member Jane Perlow (virtually) Member Myles Schlam Vice Chairperson Paul Resnick Chairperson Thomas "Tim" Burnich (virtually) Town Attorney Leonard Rubin Deputy Town Clerk Beverly Wright ABSENT Member Joel Leinson ADDITIONAL STAFF PRESENT Code Enforcement Officer Jason Manko Building Official Jeff Remas 3. PLEDGE OF ALLEGIANCE The Code Enforcement Board led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA Chairperson Burnich 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 presented, which resulted as follows: MOTION: Resnick/Schlam - Moved to accept Agenda Item 4, as presented. The motion passed on a 6 to 0 vote 5. SWEARING IN OF THE PUBLIC Deputy Town Clerk Beverly Wright sworn in those giving testimony. 1 Code Enforcement Board Meeting Minutes Page 2 of 11 January 12, 2021 6. PUBLIC COMMENT There were no public comments. 7. APPROVAL OF MINUTES A. October 29, 2020 Chairperson Burnich asked if there were any corrections to the October 29, 2020, Regular Meeting Minutes. Hearing none, he called for a motion to approve the minutes as presented, which resulted as follows: MOTION: Schlam/Perliman — Moved to approve the Minutes of the October 29, 2020 meeting. The motion passed on a 6 to 0 vote 8. UNFINISHED BUSINESS There was no unfinished business. 9. NEW BUSINESS A. Case No. 2020-26 Seagate of Highland Condo. Inc. 3224 S Ocean Blvd. Legal: Seagate Of Highland Cond Rec Area PCN: 24-43-46-33-08-001-0010 Code Section: 30-122(a) - Building Permits Required Violation: Work with expired permit. Pergola installation. Permit # 18-0768 never picked up and inspections never performed. Chairperson Burnich read item 9A into records and asked the Board if they had any Ex Parte communications to disclose? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Jason Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko presented a brief timeline for Case No. 2020-26, which included submittal of evidence, proof of service, supporting documents, and photos taken of the property that fairly and accurately represented what was observed during his inspections on March 16, 2020 and December 7, 2020. Copies of a violation notice was posted at the residence and at Town Hall. At present, the property is in compliance and the structure has been removed. However, due to the length of time it took to remove the structure, the town would like a finding-of-fact that the work was performed without a permit. In the future, if work of the same violation is performed without a permit, the case will go directly to hearing, opposed to the offender receiving a notice of violation. Code Enforcement Board Meeting Minutes Page 3 of 11 January 12, 2021 Chairperson Burnich asked the Board members if they had any questions of Code Enforcement Officer Manko? Hearing none, he asked that the offender give testimony. General Manager Felix Martinez of Seagate of Highland Condo apologized for the violation before the Board today, stating that he takes full responsibility. He stated that the Seagate Highland Condo Community had not been before the Board in four years. He provided photographs of the structure's removal and advised that at the requested of Code Enforcement, a more recent survey of the property was submitted. He said they are still looking for some possibly solution to provide shelter on the property, that the structure was saved and is packed away and at some point in the future, they can find a location on the property for the 17x9 foot aluminum structure that was rated for 150 mph winds. In attendance at the meeting with Mr. Martinez were Seagate Board President Peter Zinno and the Seagate Board Treasurer Ben Bishkoff. Chairperson Burnich asked what the shelter is used for? Mr. Martinez advised it was to provide shelter from the sun and rain. It is a pergola with a closed roof with four I-beam post with aluminum cladding. He submitted a photo of how some of the area is being used by some of the residents. Member Schlam asked about the timeline of the inspection and if the permit was expired. Mr. Martinez provided information about the permit starting from 2018 to present. He talked about conflicting information he received regarding the matter and mentioned the start of COVID-19. Ongoing conversation continued among the Board and Mr. Martinez (to review the complete audio, please visit www.highlandbeach.us). Chairperson Burnich advised that the hearing had been closed, but allowed the additional comment provided by Mr. Martinez. He asked if there was a motion to approve, a motion to approved with condition or a motion to deny the violation, as presented by Code Enforcement Officer Manko? Attorney Rubin advised that the motion should be a motion to find that there was a violation that is now corrected. Chairperson Burnich asked if there is a motion to that affect? MOTION: Perliman/Cherbini - Moved to accept Agenda Item 9A finding that there was a violation that is now corrected. The motion passed on a 6 to 0 vote B. Case No. 2020-109 Eugene Jamroz 1108 Highland Beach Drive Legal: Bel Lido Lt 12 Blk 2 PCN: 24-43-47-04-02-002-0120 Code Section: 30-122(a) — Building Permits Required Violation: Observed deck installation being performed without permit. Code Enforcement Board Meeting Minutes Page 4 of 11 January 12, 2021 Chairperson Burnich read item 9B into records and asked the Board if they had any Ex Parte communications to disclose? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Jason Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko presented a brief timeline for Case No. 2020-109, which included submittal of evidence, proof of service, supporting documents, and photos taken of the property that fairly and accurately represented what was observed during his inspections on September 19, 2020 and January 11, 2020. A Notice of Violation was sent to the owner listed on the Property Appraiser Public Access Tax Role. On December 22, 2020, service was obtained by posting at the property address and at Town Hall. The town recommends 30 days to comply the violations at a value of $250.00 per day and $250.00 for the cost of prosecution. Chairperson Burnich asked the Board members if they had any questions of Code Enforcement Officer Manko? Discussion among the Board members, Code Enforcement Officer Manko, and Building Official Jeff Remas followed. Offender Eugene Jamroz and Arch itect/Contractor Keith Chambers also gave testimonies regarding the violation. Mr. Chambers advised he violated his contract by putting additional information on it without his client knowing about it, that he submitted all the documents he was asked to and that he was not derelict in his duties as an arch itect/contractor, this was making it sound like he did something deficient. His client is here and he does not like to be ridiculed. He did everything that was asked of him and he would never put his General Contractors (GC) licenses on a contract (unintelligible), in the 30 years he has been in the construction business. Chairperson Burnich asked Mr. Chambers if he had started the work before the permit was issued? Mr. Chambers replied, yes. Chairperson Burnich ask staff if they had any questions of the offender? Conversation was had between Vice Chairperson Resnick and Code Enforcement Officer Manko regarding if there was a current permit? Code Enforcement Officer Manko made reference to his above findings (to review the complete audio, please visit www.highlandbeach.us). Chairperson Burnich asked the offender if there was rebuttal testimony or any questions of staff? He also asked if the Board had any other questions of staff or the offender? Hearing none, the public hearing was closed and he asked for a motion to approve, a motion to approve with conditions, or a motion to deny the violation. Attorney Rubin advised that the motions would have to be changed up. The motion should be whether there is a violation and if the motion is there is a violation, how much time to comply, what the fine will be thereafter and if the Board wants to award the town the $250.00 cost they are seeking. Code Enforcement Board Meeting Minutes Page 5 of 11 January 12, 2021 Chairperson Burnich asked if anyone wished to make that motion? MOTION: Schlam/Perlow - Move to approve Agenda Item 8B, as presented. The motion passed on a 6 to 0 vote C. Case No. 2020-10-002 Antonella De Bello 1008 Bel Air Drive, #A3 Legal: Yachtsmans Cove Townhouse Cond Unit A-3 PCN: 24-43-47-04-34-000-0013 Code Section: 30-122 (a) - Building Permits Required Violation: A/C installation. Instructed contractor to apply for permit on Monday or permit penalty fees will apply. Chairperson Burnich read item 9C into records and asked the Board if they had any Ex Parte communications to disclose? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Jason Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko presented a brief timeline for Case No. 2020-10-002, which included submittal of evidence, proof of service, supporting documents, and photos taken of the property that fairly and accurately represented what was observed during his inspections on October 24, 2020 and January 11, 2020. A Notice of Violation was sent to the owner listed on the Property Appraiser Public Access Tax Role. On December 22, 2020, service was obtained by posting at the property address and at Town Hall. The town recommends 30 days to comply the violations at a value of $250.00 per day and $250.00 for the cost of prosecution. Chairperson Burnich asked if there were any questions of staff? The Board member had a discussion with Code Enforcement Officer Manko about homeowners needing a permit when swapping out A/C units and needing a permit within 24 hours after the installation of an emergency A/C replacement. Chairperson Burnich advised that the offender could now give testimony? Deputy Town Clerk advised that the offender was not in-person or attending the meeting via Zoom. Chairperson Burnich asked if any other Board members had questions of staff? He advised that since the offender was not in attendance, there is no way that the Board or staff could ask questions of the offender. Therefore, the public hearing was closed. He asked for a motion on how to proceed? MOTION: Schlam/Resnick - Move to approve Agenda Item 9C, as presented The motion passed on a 5 to 1 vote Code Enforcement Board Meeting Minutes Page 6 of 11 January 12, 2021 Member Perlow stated that it appears that this is a constant problem giving people 30 days more after they have had months to rectify things. In the meantime, the town gets no finds or anything because eventually the problem is fixed and the town has to live with this type of craziness from offenders. Chairperson Burnich asked Member Perlow if she wanted to amend the motion? AMMENDED MOTION: Perlow/Perliman — To give the offender two weeks to obtain a permit. The motion passed on a 6 to 0 vote Do Case No. 2020-10-005 Jennifer Gaffey 3100 S Ocean Blvd., #404 Legal: Penthouse Highlands Apt 404 PCN- 24-43-46-33-05-000-4040 Code Section: 30-122 (a) - Building Permits Required Violation: Observed working without permit. Demolition. Chairperson Burnich read item 9D into records and asked the Board members if they had any Ex Parte communications to disclose? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Jason Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko presented a brief timeline for Case No. 2020-10-005, which included submittal of evidence, proof of service, supporting documents, and photos taken of the property that fairly and accurately represented what was observed during his inspections on October 27, 2020 and January 11, 2020. A Notice of Violation was sent to the owner listed on the Property Appraiser Public Access Tax Role. On December 22, 2020, service was obtained by posting at the property address and at Town Hall. The town recommends 30 days to comply the violations at a value of $250.00 per day and $250.00 for the cost of prosecution. Additionally, the contractor applied for a permit at the wrong address and used the Homeowner Association (HOA) as the location of work opposed to the specific unit. It seems like there was an error in applying for the permit, the permit was issued to an incorrect address. This property does not have a permit, so to ensure compliance of the permit, he is asking for an additional 30 days. Chairperson Burnich asked the Board members if they had any questions of Code Enforcement Officer Manko? Hearing none, he advised that the offender could now give testimony. Ms. Jennifer Gaffey of 3100 S Ocean Blvd No. 404, comment that she has her permit with her; it has her name on it. She talked about a sewage leak in two bathrooms at her condo that started on December 26, 2019. The company ServePro came out and demolition the bathrooms, the building plumber came to fix the pipes, and she suspected that they had Code Enforcement Board Meeting Minutes Page 7 of 11 January 12, 2021 a permit. She hired a public adjuster to assist her with insurance matters, she spoke about COVID, and mold being found in her sheetrock in a bathroom on the back side in the ceiling. She said that she figured that the plumbers, electricians and contractor that were brought in were supposed to get the permit. She said she knows that there was an issue because her contractor was sending JPGs not PDFs to the Building Department. She is sorry if a permit was not pulled. She figured that there was a permit pulled somewhere along the line between all the plumbing and mold remediation. If she has done something wrong, she is trying to correct it now by having the permit done. She said she was given a permit number and she paid for it. Chairperson Burnich asked if town staff had any question of the offender? Conversation was had between Building Official Jeffrey Remas, Ms. Gaffey and Chairperson Burnich regarding Building Department Staff, payment of the permit, emails, JPGs and PDFs, Ms. Gaffey's contractors and about a clerical error. Chairperson Burnich advised Ms. Gaffey that the Board does not make the statutes, that the Board is here to enforce them. He asked the Board if they had any questions of staff or the offender? Hearing none, the public hearing was closed. He asked if there was a motion to accept the Code Enforcement Officer's recommendation in this matter? MOTION: Perlow/Perliman - Move to approve Agenda Item 9D, as presented by Code Enforcement Officer ManKo. The motion passed on a 6 to 0 vote AMMENDED MOTION: Resnick/Schlam — To waive the prosecution fine if the offender complies with obtaining a permit within 30 days. The motion passed on a 6 to 0 vote E. Case No. 20-0014 Richard Touchette 1006 Grand Court LLC Legal: Grand Cay Ests In N 1/2 Of Gov Lt 2 As In Or10274p1371 PCN- 24-43-47-09-00-002-0090 Code Section: Violation: Noncompliance to the Notice of Violation letter sent on November 20, 2020, regarding the pilings and associated boat lift components deemed unsafe by the Building Official, the original building permit No. 39412 that expired and Development Order application No. 20-0014 that was denied by the Planning Board on November 12, 2020. Chairperson Burnich read item 9E into records and asked if the Board had any Ex Parte communications to disclose? Code Enforcement Board Meeting Minutes Page 8 of 11 January 12, 2021 Vice Chairperson Resnick advised that he might have Ex parte communication in the matter since he lives across the way. He said that he has been complaining about the matter for about four years. Chairperson Burnich asked Town Attorney Rubin for his input on if Vice Chairperson Resnick should recuse himself in this matter. Town Attorney Rubin asked if Mr. Resnick was the complainant. Vice Chairperson Resnick advised, no. Town Attorney Rubin asked what Vice Chairperson Resnick's involvement was in the matter? Chairperson Burnich advised that he lives across the street from where it is happening. Town Attorney Rubin advised that merely a view of it is not a conflict. Vice Chairperson Resnick does not have to recuse himself in the matter. Chairperson Burnich opened the violation hearing and called for Code Enforcement Officer Jason Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko presented a brief timeline for Case No. 2020-0014, which included submittal of evidence, proof of service, supporting documents, and photos taken of the property that fairly and accurately represented what was observed during his inspections on November 20, 2020 and January 11, 2020. A Notice of Violation was sent to the owner listed on the Property Appraiser Public Access Tax Role. On December 22, 2020, service was obtained by posting at the property address and at Town Hall. The town recommends 30 days to comply the violations at a value of $250.00 per day and $250.00 for the cost of prosecution. Chairperson Burnich asked the Board members if they had any questions of Code Enforcement Officer Manko? Hearing none, he advised that the offender could now give testimony. Mr. Scott Weires advised that he was the litigation attorney on behalf of 1006 Grand Court, LLC and Richard Touchette and that Ele Zachariades, the land use counsel was attending the meeting via Zoom. He advised that there is an appeal pending the decision of the Planning Board. He provided history on the 10-post boat lift pilings, the stop work order that was issued by the town's Building Official, and the initial application that showed 4-foot for the dock pilings. He recited the town's code of ordinance relative to boat lift/pilings, and discussed the proposal for the 7-foot height pilings. He spoke about the town and the applicant's expert that gave testimonies that the boat lift has to be at least 7 feet. The odd shaped of the lot, the neighbors' concerns about their view being blocked, the size and width of the lot, the width of the boat and the town wanting the pilings cut down to 4-feet. He said the petitioner hired his firm and they filed an appeal in the circuit court and that all the testimony substantial competent evidence is that the boat lift has to be 7-feet; it is the only height that you can build a boat lift. The appeal is sitting with the appellate courts and he expects that it may take a few months before the decision is rendered. The permit is on the verge of expiring and there is a notice of violation relating to the 12-feet. They filed a motion to stay in the appellate court and filed a motion to stay with the town (to review the complete audio, please visit www.highland beach.us). Code Enforcement Board Meeting Minutes Page 9 of 11 January 12, 2021 Chairperson Burnich asked Town Attorney Rubin to response to Attorney Weires comments. Town Attorney Rubin provided background on the matter and advised that he talked to Mr. Weires about the issues. He said that the town received a request for the stay and the town's position was we would consider staying it if it is reduced to the 7-feet, which is currently under appeal. However, the respondent rejected that and said no, they would not agree to it. So, the town's position is at 12-feet, they are in violation until the court (as Mr. Weires explained) has jurisdiction. Until the court enters the stay, we will move forward with the enforcement action. Chairperson Burnich asked town staff if they had any questions of Attorney Weires? Hearing none, he asked if the offender or Attorney Weires wished to give any rebuttal testimony. Attorney Weiser said the reason why they have not wanted to make any changes is because typically in these cases preserving the status quo is always the best effort. They would not take any further action in construction of the lift, but similarly they do not want to be cutting any pilings because frankly he does not want them to be cut and then find out that they have cut too much. He would rather everybody just take hands off, the status quo is preserved. They will not take any further action in moving forward, the town does not take any further action, the appeal gets resolved, and then they decide at that point which way to proceed. Attorney Ele Zachariades also provided testimony on the matter. Building Official Jeffrey Remas clarified why his predecessor Mr. Massey put a stop work order on the job because of the height of the pilings of the boat lift not matching what was on the approved drawings, based on the Florida Building Code section 107.4. Chairperson Burning asked if any members of the Board had questions of the attorneys or staff in the matter. There was conversation with the Board members and Building Officer Remas for clarification regarding the drawings being 4-foot and 10 pilings and the current appeals with the Planning Board? Attorney Rubin advised that the Planning Board denied the application to amend the height of the boat pilings to 7-feet and that it has been appealed to the circuit court appellate division via a petition for (inaudible). There was conversation with the Board members, Building Official Remas and Attorney Weires about the safety of the pilings, engineering drawings, and expired building permits. Attorney Zachariades advised they are willing to come down to 9-feet with the pilings if it is the will of the Board. Member Schlam wanted clarification the offender is willing to cut it down to 9-feet pilings and the town is saying that 7-feet would be okay. Town Attorney Rubin advised that the town would not even stay it, unless they agreed to the seven. He would have to talk the manager and they would have to decide that. Chairperson Burnich asked about the anticipation of the response from the circuit court? Town Attorney Rubin advised that the town has not filed a response yet. The stay will be filed this week. You never know with the appellate division; it could be two weeks or it Code Enforcement Board Meeting Minutes Page 10 of 11 January 12, 2021 could be a month. He said that the actual petition will not be resolved for at least six months because it takes them forever to decide the cases. They might be a little more expeditious on the motions hopefully, but he really cannot say how long it will be. Conversation continued with Attorney Rubin, Chairperson Burnich and Attorney Weires. Attorney Weires asked Attorney Zachariades if there was a way to get some engineering diagrams to the town for the 8 or 9 feet, so the town can have comfort that it is not a safety concern. Chairperson Burnich advised that the other Board has to approve it before they can do anything. Town Attorney Rubin advised that they were just talking about the stay at this time and that it is not going to regulate the final height of the pilings. It is not within this Board's purview. This Board can just decide whether it wishes to stay the code enforcement proceedings and under what circumstances. Vice Chairperson Resnick advised that the boat has not been determined yet. Attorney Rubin asked him if he was recusing himself? Chairperson Resnick advised that he recused himself before. Attorney Rubin asked him if he was recusing himself from the case now. Vice Chairperson Resnick advised that he feels like he has to, but he also has to state what he have seen and heard. Attorney Rubin advise that if he recuses himself, he should not participate any longer, if he realizes he has a conflict. Vice Chairperson Resnick advised then he will appear as a witness. Attorney Rubin advise that he could not participate in the preceding because the town has not called any witnesses on this. Chairperson Burnich asked if the Board had any more questions of the staff or the offender's attorney? Hearing none, the public hearing was closed. He asked for a motion to approve, a motion to approve with conditions or a motion to deny the violation? Attorney Rubin advised that Board needs to rule on the respondent's moved for a stay first and if there is a stay then they do not have to get to the second part. Attorney Rubin said that what they have moved for is to stay this proceeding pending the circuit court's resolution. They filed a motion with the circuit court appellate division to stay any further proceedings before the town. So, what they are asking this Board is to stay this enforcement proceeding until the circuit court rules on that motion, which could probably be a couple of weeks. MOTION: Perliman/Schlam - Move to accept the motion to table Agenda Item 9E for 30 days pending the Circuit Courts ruling on the motion to stay. The motion passed on a 5 to 1 vote Code Enforcement Board Meeting Minutes Page 11 of 11 January 12, 2021 10. ANNOUNCEMENTS January 18, 2021 Town Hall Close in Observance of Martin Luther King Jr. Day January 19, 2021 - 1:30 P.M. - Town Commission Meeting January 28, 2021 - 3:00 P.M. - Financial Advisory Board Regular Meeting 11. ADJOURNMENT There being no further business to come before the Board, Chairperson Burnich called for a motion to adjourn the meeting. MOTION: Perlow/Schlam - Moved to adjourn the meeting The meeting was adjourned at 2:46 PM. APPROVED at April 27, 2021 Code Enforcement Regular Meeting 0LAA# Thomas Burnich Chairperson ATTEST: %9 Transcribed by: Beverly Wright .. erly Wright Date Deputy Town Clerk 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/.