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2021.08.31_CEB_Minutes_Regular TOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD MEETING MINUTES Town Hall / Commission Chambers Date: August 31, 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 2:08 P.M. 2. PRESENT UPON ROLL CALL Member Joel Leinson (virtually) Member Bryan Perilman Member Michael Cherbini (virtually) Member Jane Perlow Vice Chairperson Myles Schlam Chairperson Thomas "Tim" Burnich Town Attorney Leonard Rubin 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: Schlam/Perlow - Moved to accept Agenda, 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 (limited to three (3) minutes per speaker) There were no public comments. 1 Code Enforcement Board Meeting Minutes Page 2 of 8 August 31, 2021 7. APPROVAL OF MINUTES A. July 27, 2021 Minutes Chairperson Burnich asked if there were any corrections to the July 27, 2021 Regular Meeting Minutes. Hearing none, he called for a motion to approve the minutes as presented, which resulted as follows: MOTION: Schlam/Perilman — Moved to approve the Minutes of the July 27, 2021 Regular meeting. The motion passed on a 6 to 0 vote 8. UNFINISHED BUSINESS A. None 9. NEW BUSINESS A. Case No. CC2020-11-009 Sarah Kappel 2809 S. Blvd. Legal: A/K/A City Lot No. 114 PCN: 24-43-46-33-00-001-0040 Code Section: 30-69 (C)(1)(A)(1) - Parking lots and vehicular use areas. Violation: Parking area in disrepair. Potholes, cracked pavement, foundation washing away. Chairperson Burnich read Item 9A into the record and asked the Board members if they have any Ex Parte communications to disclose in the matter? Hearing none, he opened the violation (public) hearing and called for Code Enforcement Officer Manko to give testimony and recommendations regarding the violations. Code Enforcement Officer Manko provided a brief timeline on the facts of the case. He entered submittals of evidence into the record that included, 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. The violation is now in compliance; however, the town recommends that the respondent be found in violation of the code as alleged in the Notice of Violation; that a do not repeat order be issued for the violation and to pay an assessment prosecution cost of $250.00. Chairperson Burnich asked the Board members if they have any questions in the matter? Hearing none, he asked the offender to give testimony. Code Enforcement Board Meeting Minutes Page 3 of 8 August 31, 2021 Attorney James Covey and Michael Lanigan of Ocean Properties, the parent company of Delray Sands gave testimonies on behalf of Sarah Kappel regarding an additional survey and is asking for an extension due to COVID-19. Attorney Covey also spoke about going under contract with Florida Black Top a Florida LLC paving company, and there being an issue with permitting as reasons why they were not able to get the action corrected before it got this far. He advised the jobs have all been completed and the original code violations are in compliance to the best they are able to remedy them. Chairperson Burnich asked town staff if they had any questions of the offender? At this point, there were none. Attorney Covey gave testimony regarding a triple net lease relationship, his client not being made aware that there was an issue by the tenant. He spoke about a defect in the July 6, 2021 , letter received regarding the repair time, that he was confused about what the letter meant and contacted Code Enforcement to discuss it. He is asking that the Board not find Sarah Kappel in violation because there is no direct action or efforts and because of the defective notice that made it impossible to complete. Discussion arose with the Board and Attorney Covey about the location being the parking lot that is directly across the street from the Sands Hotel on the Intracoastal Waterway. Attorney Covey asked for leniency in the circumstance. Questions were asked about the defective dates on the notices, which were addressed by Code Enforcement Officer Manko. He also reiterated the town's recommendations. Chairperson Burnich asked if there were any other comments of the Board Members? Attorney Covey repeated his earlier testimony and asked the Board to consider their proposal to pay the prosecutorial fees as a settlement offer to move this issue behind them and to not find a violation or to issue a do not repeat order. Additional conversation was had with Code Enforcement Officer Manko and the Board Members regarding the case. Code Enforcement Officer Manko restated the town's recommendations as requested by Chairperson Burnich and gave a timeline on the conversations that were had with the property representative as requested by Attorney Covey. Code Enforcement Board Meeting Minutes Page 4 of 8 August 31, 2021 Chairperson Burnich asked if there are other comments, hearing none, he closed the public hearing and asked for a motion. MOTION: Schlam/Perilman — Moved that they were in violation, and they are now in compliance and for an assessment cost of $250.00 (Moved that the respondent be found in violation of the Town Code as alleged in the Notice of Violation but is now in compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance). Upon roll call, Case No. CC2020-11-009 passed on a 6 to 0 vote. B. Case No. CC2021-02-005 Albert Giachetti 1118 Bel Air Dr. Legal: Highland Beach Isles Lt 10 PCN- 24-43-47-04-03-000-0100 Code Section: 30-122 (A) - Building Permits Required Violation: Observed boat lift and piling installation without permit Chairperson Burnich read item 913 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 violation. Deputy Town Clerk Wright swore in Jason Perez with the Law Firm of Grander Flattick and Allison on behalf of Mr. Albert and Jason Giachetti the co-owner of the property. Code Enforcement Officer Manko provided a brief timeline on the facts of the case, entering submittals of evidence into the record that included, 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. At this point, Mr. Giachetti is in the process of applying for permit; however, the town is obligated to move forward and recommends that the respondents be found in violation of the town code as alleged in the Notice of Violation and that they be ordered to comply within 60 days to allow for the permit process and Appeals Board hearing to continue or be fined $250.00 per day for each day the violation remains after date set for compliance and assessed prosecution in the amounts of $250.00. 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 a name and affiliation with the violation. Code Enforcement Board Meeting Minutes Page 5 of 8 August 31, 2021 Jason Perez gave testimony on behalf of Mr. Albert and Jason Giachetti, the owners. He provided background that the owners installed the boat lift in 2012 with proper permitting, about rotting and replacement pilings, the project being stopped by the Code Enforcement Officer due to not having a permit, about a FDEP stop order, speaking with the town's Building Official and Town Planner, the town's Attorney reviewing the matter, which ultimately resulted in a permit being necessary, and going before the Planning Board. He is requesting a 90 day reschedule of the hearing to comply. Chairperson Burnich asked staff if there were any question of the offender? Code Enforcement Manko explain to the Board that the work has not been completed; that the initiation of the work is what started the notice of the Ordinance Violation and is awaiting a Planning Board hearing. Discussion was had with the Board members and Code Enforcement Officer Manko about the amount of time being requested. Code Enforcement Officer Manko revised his recommendation to say comply within 90 days. Chairperson Burnich asked if there are other comments, hearing none, he closed the public hearing and asked for a motion. MOTION: Schlam/Perlow— Move that the respondents be found in violation of the Town Code as alleged in the Notice of Violation and that they be ordered to comply within 90 days or be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance). Upon roll call, Case No. CC2021-02-005 passed on a 6 to 0 vote. C. Case No. CC2021-05-015 Jacek Mucha 5 Ocean Place Legal: A/K/A SLY 65.86 FT of NLY PCN- 24-43-47-04-00-006-0130 Code Section: 30-122 (A) - Building Permits Required Violation: Observed partition construction in garage with electrical 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 provided a brief timeline on the facts of the case, entering submittal of evidence into the record that included, proof of service, supporting documents, photos taken of the property that fairly and accurately represented violations Code Enforcement Board Meeting Minutes Page 6 of 8 August 31, 2021 observed during onsite inspections and of paper postings posted at the property address and at Town Hall. The violation on the property was returned to compliance state. As a result of this, the town recommends that the respondent(s) be found in violation of the Town Code as alleged in the Notice of Violation but is now in compliance and that a do not repeat order be issued and is asking for an assess prosecution costs in the amount $250.00. Chairperson Burnich asked the Board members if they have any questions of staff? He asked if there was anyone at the meeting representing the offender? Hearing none, he closed the public hearing. MOTION: Schlam/Perlow - Moved that the respondent be found in violation of the Town Code as alleged in the Notice of Violation but is now in compliance and that a do not repeat order be issued. Offender to pay prosecution cost of $250.00 payable by the date set for compliance. Upon roll call, Case No. CC2021-05-015 passed on a 6 to 0 vote. D. Case No. CC2021-07-003 Jenna Ann Brienza & James Louis Zacharakos 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 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. Chairperson Burnich advised the Board members that he might have an ex parte in the matter in that he serves on the Board of Directors of this Condo Association and Mr. Zacharakis' father is a member of that Board. He does not know if this disqualifies him. Attorney Rubin advised Chairperson Burnich that he could proceed. 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 a brief timeline on the facts of the case, entering submittal of evidence into the record that included, proof of service, supporting documents, photos taken of the property that fairly and accurately represented violations Code Enforcement Board Meeting Minutes Page 7 of 8 August 31, 2021 observed during onsite inspections and of paper postings posted at the property address and at Town Hall. There were three permits needed; the final permit was issued today. As a result of this, the town recommends that the respondent(s) be found in violation of the town code as alleged in the Notice of Violation. The property is now in compliance, that a do not repeat order be issued and an assess prosecution in the amount of$250.00 payable by the date set for compliance. Chairperson Burnich asked the Board members if they have any questions of staff? Hearing none, he asked the offender's representative if he wish to give comment. Mr. Alan Reigns introduced himself as representative of Jenna Ann Brienza & James Louis Zacharakos and gave testimony on their behalf. He advised that everything that Code Enforcement Manko stated was accurate and that they had spoken in advance of the hearing regarding an electrical permit that has now been issued and that they have no objection to the $250.00cost. Chairperson Burnich asked staff and the Board members if there were any questions of the offender's attorney? Hearing none, he closed the public hearing and asked for a motion? MOTION: Perilman/Schlam - Moved that the respondent be found in violation of the Town Code as alleged in the Notice of Violation but is now in compliance; that a do not repeat order be issued and to pay prosecution cost of $250.00 payable by the date set for compliance. Upon roll call, Case No. CC2021-07-003 passed on a 6 to 0 vote. 10. ANNOUNCEMENTS September 07, 2021 - 01:30 P.M. Town Commission Meeting (Cancelled) September 09, 2021 - 09:30 P.M. Planning Board Regular Meeting September 21 , 2021 - 05:01 P.M. Town Commission Special Second Public Hearing Budget Meeting Deputy Town Clerk Wright advised that the next Code Enforcement meeting is slated for October 12 and asked the Board Members if they were available to attend the meeting on this date? Members Leinson and Cherbini are available by Zoom. September 9, 2021 — 5:00 P.M. to 7:00 P.M. Food Truck Event for Fire Rescue at Town Hall Code Enforcement Board Meeting Minutes Page 8 of 8 August 31, 2021 11. ADJOURNMENT There being no further business to come before the Board, Chairperson Burnich adjourned the meeting at 2:56 P.M. APPROVED at the October 12, 2021 Code Enforcement Regular Meeting 0000... 40.40 0 1949 = Thomas Burnich, Chairperson r ATTEST: 0000...SEAL* * •••.0000... Transcribed by: Beverly Wright1��, O M06 6- e ahC, -. ly Wri g,, tDate Deputy Town Clerk J 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.municodemeetin sq com/.