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2021.06.08_CEB_Minutes_Regular TOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD MEETING MINUTES 4i•1' W Town Hall / Commission Chambers Date: June 08, 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 Joel Leinson (virtually) Member Bryan Perliman Member Michael Cherbini Member Jane Perlow Member Myles Schlam Chairperson Thomas "Tim" Burnich Town Attorney Leonard Rubin (virtually) Deputy Town Clerk Beverly Wright ADDITIONAL STAFF PRESENT Code Enforcement Officer Jason Manko 3. PLEDGE OF ALLEGIANCE The Code Enforcement Board members 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: Perliman/Perlow - 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 Wright swore in those giving testimony. 6. PUBLIC COMMENT There were no public comments for this item. 1 Code Enforcement Board Meeting Minutes Page 2 of 8 June 08, 2021 7. APPROVAL OF MINUTES A. April 27, 2021 Chairperson Burnich asked if there were any corrections to the April 27, 2021 Regular Meeting Minutes. Hearing none, he called for a motion to approve the minutes as presented, which resulted as follows: MOTION: Perliman/Perlow — Moved to approve the Minutes of the April 27, 2021 meeting. The motion passed on a 6 to 0 vote 8. UNFINISHED BUSINESS There was no unfinished business. 9. NEW BUSINESS A. Nomination of Vice Chairperson Chairperson Burnich advised that the nominations for the Vice Chairperson is open and asked if there are any nominations? Member Schlam nominated himself for the vacant position. Hearing no other nominations, item 9A was closed, which resulted as follows: MOTION: Perlow/Perliman — Moved to elect Member Schlam as Vice Chairperson of the Code Enforcement Board. The motion passed on a 6 to 0 vote B. Case No. CC2021-04-003 Mildred Booth 4511 S. Ocean Blvd., #506 Legal: 45 Ocean Condo Bldg 1 Apt 506 PCN: 24-43-47-04-10-001-0506 Code Section: 30-122(a) - Building Permits Required Violation: Observed complete unit demolition without permit. Chairperson Burnich read item 9B into the records and asked the Board members if they had any Ex Parte communications to disclose in the matter? He advised he would have to exclude himself because he knew the past owner who died in December. He said that in March, the past owner's apartment had been sold, which will be the issue at today's meeting. He commented he did not know if they would have to go through the entire process again. Attorney Rubin advised that he believes the case is going to be dismissed, Code Enforcement Board Meeting Minutes Page 3 of 8 June 08, 2021 but even if it was not, Chairperson Burnich would not need to recuse himself because he knew the past owner. Chairperson Burnich opened the violation hearing and called for Code Enforcement Officer Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko provided testimony that the case was closed because the code violation was discovered after the transfer of ownership and prior to the Palm Beach County Property Appraiser's Office (PAPA) changing the address, resulting in the case being opened under the prior owner's ownership. He advised that a new violation will be issued to the new owner and the case will be heard at the next Code Enforcement Board meeting. Chairperson Burnich asked the Board members if they have any questions regarding the matter. Hearing none, the public hearing is closed and no further action is required at this time. C. Case No. CC2021-02-004 Joshua Davison 1015 Russell Dr. #D Legal: Shamrock I Cond Unit D PCN: 24-43-47-04-22-001-0040 Code Section: 30-122(A) - Building Permits Required Violation: Kitchen demolition without permit. Chairperson Burnich read item 9C into the records and asked the Board members if they have any Ex Parte communications to disclose in the matter? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko gave testimony that permits were issued for the case bringing the violation into compliance. Therefore, the case is closed. D. Case No. CC2021-03-005 Eric Bernier 4205 Intracoastal Drive Legal: Bel Lido Lt 28 Blk 4 PCN- 24-43-47-04-02-004-0280 Code Section: 12-4(D)(2) Temporary Construction Fence Maintenance 12-2(B) Construction Site Cleanliness/Construction Site Safety Violation: Observed silt fence in disrepair and litter and debris present in and around jobsite. Code Enforcement Board Meeting Minutes Page 4 of 8 June 08, 2021 Chairperson Burnich read item 9D into the records and asked the Board members if they have any Ex Parte communications to disclose in the matter? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko presented a brief timeline for Case No. CC2021-03- 005, which included submittal of evidence, proof of service, supporting documents, photos taken of the property that fairly and accurately represented violations observed during onsite inspections and of paper postings posted at the property address and at Town Hall. Currently, the property is in compliance; however, since compliance, there have been three recurrences of unsecured site violations, and three recurrences of litter and debris in and around the job site. The town is recommending an order of finding the property is in violation, but is now in compliance, so that future violations will be regarded as repeat violations and for the cost of prosecution. Chairperson Burnich asked the Board members if they have any questions of staff? Clarification was given about the date the hearing notice was served on the property. It was stated that the property has habitual habits of litter and debris flowing onto the adjacent properties, screws and nails onsite and the site being left open over the course of the night and sometimes on weekends. Dialog was had about immediate stop work order, building code violations, municipal code process and trying to gain compliance in the matter (for more information about this item, please visit the Town's Media Archives & Minutes webpage to access and view the verbatim audio/video recording). Chairperson Burnich asked the Board members if they have any questions of staff? Hearing none, he asked the offender to give testimony and to provide his name and affiliation with the violation. Mr. Eric Bernier, owner of the lots at 4205 Intracoastal Drive in Bel Lido, gave testimony that he is currently in Canada; he received the meeting notice there; he saw a picture of the job site and that they are doing/will act to do better. He commented that his contractor Josh Khoury hired someone to ensure that everything is closed and clean. He asked that future notices and fines be carbon copied (cc) to his contractor Ocean Blue because of the delay in the time he will receive them. Chairperson Burnich asked town staff if they have any questions of the offender? Code Enforcement Officer Manko provided the reason for the notice delay and advised that typically he waits at the site until the first workers start to show up to address issues with the site supervisors. He said that many of the issues had been addressed with Josh Khoury. Chairperson Burnich asked Mr. Bernier if he has any other comments of the Board members or staff before being questioned? Code Enforcement Board Meeting Minutes Page 5 of 8 June 08, 2021 Mr. Josh Khoury introduced himself as the contractor for Mr. Bernier and thanked the Board members for allowing him to be at the meeting via Zoom. He reiterated much of Mr. Bernier's commentary, stating that he and Code Enforcement Officer Manko had been in communication. He does not believe they have had any issues since their communications. He commented they are doing better to stay on top of issues and that moving forward hopes to identify problems earlier, to handled them as quickly as possible. Chairperson Burnich asked the Board members and staff if they have any questions of the offender or of his contractor? There was dialog among Code Enforcement Officer Manko, Vice Chairperson Schlam, and Attorney Rubin regarding clarification of the town's recommendations and the offender's understanding of said recommendations. The offender was made aware that there would not be any other notice given, that any other violations would go directly to a hearing. Chairperson Burnich asked staff to give a motion with recommendation of the violation so the Board can take appropriate action. Code Enforcement Officer Manko advised that the Town recommend an order finding the property was in violation, but is now in compliance and that future violations will be regarded as repeat violations, requesting a $250.00 cost of prosecution. Chairperson Burnich asked if there was any further discussion on the item? Vice Chairperson Schlam commented that for future violations, what was said is the same as any other violation. Attorney Rubin advised it could be up to $500.00 for repeat violations or $500.00 per violation per day, and that will be assessed if it comes back as a repeat violation, which resulted as follows: MOTION: Perliman/Perlow - Moved to approve the motion as presented by Code Enforcement Manko's above recommendations of an order finding the property was in violation, but is now in compliance and that future violations will be regarded as repeat violations, requesting a $250.00 cost of prosecution. The motion passed on a 6 to 0 vote E. Case No. CC2021-02-006 Bel Lido Property Owners Assn, Inc. 1124 Highland Beach Drive Legal: Bel Lido Lt 8 (Less TH PT K/A Units 1 to 3) Blk 2 PCN: 24-43-47-04-02-002-0084 Code Section: 30-122(a) - Building Permits Required Violation: Observed dock/piling installation without permit. Code Enforcement Board Meeting Minutes Page 6 of 8 June 08, 2021 Chairperson Burnich read item 9E into the records and asked the Board members if they have any Ex Parte communications to disclose in the matter? Hearing none, he opened the violation hearing and called for Code Enforcement Officer Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko presented a brief timeline for Case No. CC2021-006, which included submittal of evidence, proof of service, supporting documents, photos taken of the property that fairly and accurately represented violations observed during onsite inspections and of paper postings posted at the property address and at Town Hall. As a result of this, the town is recommending 30 days to comply the violations at a cost of $250.00 per day and $250.00 for the cost of prosecution if the matter is not resolved within the 30 days. Chairperson Burnich asked the Board members if they have any questions of staff? Vice Chairperson Schlam and Code Enforcement Officer Manko had dialog about the piling height and about there being no permit for the work. Chairperson Burnich asked if there were any other questions of staff? Hearing none, he advised that the offender may now give testimony and to provide his name and affiliation with the violation? Mr. Richard Mendelson, of 1124 Highland Beach Drive introduced himself as the owner of Unit No. 1. He explained that Engineer Steve Holloway was supposed to attend the meeting to explain the delay and the reasoning for everything; however, had not arrived at the meeting yet. He advised that all he can testify to is all that had been told to him earlier today and in past weeks. He provided testimony that the original contract was for just replacing boards on the dock and that they were under the impression they did not need a permit. He discussed that recommendation was given about replacing pilings. The pilings were taken out one piling at a time with exact replacement height and that visually everything was exactly the same as it was prior to construction. He conversed about permits, hiring an engineering firm, compliance, digital submission of permits, issues with paper versus digital submission, and communication done by email. There was dialog with Code Enforcement Manko and the Board members about Mr. Mendelson's request of a few weeks more to finish the permit process. The recommendation is that 30 days should be more than sufficient to complete the permit process. Chairperson Burnich asked the offender if he had any additional questions? Mr. Mendelson commented that he hoped that 30 days is enough. He really does not know the scope of the work that is involved, stating he is asking for the time so they do not have to stand before the Board 30 days from now requesting for an extra two weeks. Chairperson Burnich asked the Board members if they have any additional questions of the offender. Code Enforcement Board Meeting Minutes Page 7 of 8 June 08, 2021 Dialog was had with Vice Chairperson Schlam and Mr. Mendelson regarding clarification regarding standing and about the offender's name on the notice. Mr. Mendelson advised he is the representative for the property. In addition, Dock Dogs Contractor was mentioned as being initially hired to complete the work (for more information about this item, please visit the Town's Media Archives & Minutes webpage to access and view the verbatim audio/video recording). Chairperson Burnich asked if there were any other questions? Hearing none, he asked Code Enforcement Officer Manko to give the Board his recommendation in the form of a motion, so the Board can decide whether or not they want to move forward. Code Enforcement Officer Manko commented the town is asking for the offender to obtain a permit within 30 days. The case cannot be closed until a permit is issued. He advised the town is recommending 30 days to come into compliance with the violation, which is to apply for and obtain a permit for the dock at a cost of$250.00 per day and $250.00 for the cost of prosecution. Attorney Rubin advised the motion would be to find them in violation, giving them 30 days to comply or a fine of $250.00 a day plus award the town $250.00 for cost of prosecution, which resulted as follows: MOTION: Perliman/Perlow - Moved to approve, as presented by Code Enforcement Officer Manko with the recommendation of 30 days to come into compliance with the violation, to apply for and obtain a permit for the dock at a cost of $250.00 a day, and award the town $250.00 for the cost of prosecution. The motion passed on a 6 to 0 vote Member Perlow and Code Enforcement Officer Manko had a conversation about permits and extensions. Prior to the conclusion of the meeting, Chairperson Burnich inquired about the two- remaining persons in the audience, which were introduced as an offender and an Intern temporarily working in the Town Manager's Office. 10. ANNOUNCEMENTS June 09, 2021 - 2:00 P.M. Charter Review Board Meeting June 10, 2021 - 9:30 A.M. Planning Board Regular Meeting June 15, 2021 - 1:30 P.M. Town Commission Meeting June 21, 2021 - 2:00 P.M. Charter Review Board Meeting July 06, 2021 - 1:30 P.M. Town Commission Meeting (Cancelled) July 08, 2021 - 9:30 A.M. Planning Board Meeting Code Enforcement Board Meeting Minutes Page 8 of 8 June 08, 2021 11. ADJOURNMENT There being no further business to come before the Board, Chairperson Burnich adjourned the meeting at 2:42 P.M. APPROVED at July 27, 2021 Code Enforcement Regular Meeting GHLAIVph tkOR zCJ ,�-� �'•s Thom s Burnich, Chairpers n ATTEST: ;,-!z 1949, � ��x - Transcribed by: Beverly Wright **"6600640 P ♦ F 0 �O rly Wright U 7 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-fl.municodemeetings.com/.