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1992.11.18_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES Wednesday, November 18, 1992 10:10 A.M. Vice Chairman Victor P. Hadeed called the Regular Code Enforcement Board to order at 10:10 A. M. Deputy Town Clerk Doris Trinley called the roll. Present were the Vice Chairman and Members Merton Rubin, Horace Leng, and Ellen B. Gerber. Also present were Town Attorney Thomas E. Sliney, Building Official/Code Enforcement Officer Lee Leffingwell and members of the general public. Upon MOTION by MR. LENG/MR. RUBIN the Minutes of the Workshop and Regular Meetings of December 18, 1991 were unanimously approved. At this time all persons planning to give testimony during the course of the Regular Meeting were sworn in, i.e., Lee Leffingwell Ken Sharp and Richard Mendelson. • Citation •No. 2336. Joel Messinger, Property Manager, Community Association Services re 1043 Boca Cove Lane, Lot 15S; Gordon Noonan, Unit Owner. Chapter 28-1/2, Section 23. There was no one. to represent the owner or the association. The correspondence received from the association regarding replacement of the black olive tree was reviewed again and discussion took place regarding the Town's specific Code requirements as to type and size of tree, etc. Ending discussion, the following MOTION was made by MRS. GERBER/ MR. LENG: THE CODE ENFORCEMENT BOARD MOVES THAT THE VIOLATION BE CORRECTED WITHIN 30 WORKING DAYS AND THAT THE VIOLATOR FOLLOW GUIDELINES AS SET FORTH IN TOWN CODE IN OBTAINING PERMITS FOR THE REMOVAL AND REPLANTING OF A TREE AT 1043 BOCA COVE LANE, LOT 15S, GORDON NOONAN, OWNER. After discussion regarding fines in the event of non-compliance, the MOTION was amended by MRS. GERBER/ MR. LENG as follows: IF VIOLATOR DOES NOT COMPLY, A $25.00 PER DAY FINE WILL BE IMPOSED. Both the Motion and the Amendment met with unanimous favorable vote. Copy of the letter from the Association is attached to and made part of these Minutes. Code Enforcement Board Regular Meeting - Minutes November 18, 1992 Page 2 of 3 Citation No. 2338. Ken Sharp, Highland Beach Associates, 1119 and 1123 Hig an Beach Drive. Chapter 13, Sections 1 & 3; Chapter 25. Section 1; Chapter 17, Section 3. Pictures of the violations were again reviewed by the members as Mr. Sharp addressed the Board. He said he owned 5 of the 8 units as a partner in KRS Investments and had been dealing with the FDIC for some time with various proposals regarding repair/sale of the properties. He added that he has had difficulty as regards the FDIC responding in a timely manner and that he, personally, did not have the financial wherewithal to make the necessary repairs to the properties. Regarding the pool and the suggestion that a pool cover be purchased to alleviate the health and safety factor, Mr. Sharp said he would have to investigate the cost of such a cover and if he could afford it, would gladly do that. If he could not afford it, he would continue to chlorine it once a week to keep the water as clean as possible. He added that the filtering system on the pool is down. Regarding the other violations, i.e., overhanging tree limbs into the roadway and heavy tree limbs on portions of the roof, he said • he would literally try to correct the problem himself as he did not have the finances to hire someone to do it. It was noted that should the Town have to condemn the property, Mr. Sharp would have a very real problem, so it would be to his advantage to keep it at least in stopgap repair. It was also suggested that the Town send a letter to the FDIC to see if they could help expedite matters for Mr . Sharp. Mr . S1 i ney had no objection to th i s and Mr . Sharp was asked to give Miss Leffingwell the name of the FDIC contact so that this could be carried out. Ending discussion and review MRS. GERBER/MR. RUBIN MOVED to defer this Citation until the December meeting and gave Mr. Sharp ten (10) working days to contact Ms. Leffingwell regarding solutions to these violations, as well as provide her with the name of the contact person at FDIC. Motion met with unanimous favorable vote. Citation No 2339. Richard Mendelson re 1124 Highland Beach Dr ., Chapter 17, Section 2 Chapter 6, Section 30 (b). Miss Leffingwell advised that loose tiles on the roof over Mr, Mendelson's unit at 1124 Highland Beach Drive, seem to appear and disappear with regularity. She referred members to Mr. Mendelson's letter of explanation and intent and he then addressed the Board. Code Enforcement Board Regular Meeting - Minutes November 18, 1992 Page 3 of 3 Mr. Mendelson explained he had once thought to add to the original unit by extending it and that was the reason tiles were stacked on his roof originally; he did not want to put the tiles in place if he was going to extend. Since that time, he had changed his mind and now had plans to add a second story. In order to do this, it had been necessary to petition the Board of Adjustment for a variance, which was granted. However, plans to proceed with the project had been delayed because his architect became. extremely busy in the aftermath of Hurricane Andrew. In conclusion, Mr. Mendelson advised that he was confident his architect would have the plans ready in time to go before the Planning and Community Appearance Boards in February 1993. He also noted that the tiles were now safely moved to the "valley" between the roofs, which would eliminate the danger of them being blown off. Concluding discussion and testimony, MRS. GERBER/ MR. RUBIN MOVED for deferral on this violation until the end of February, Copy of Mr. Mendalson's letter as well as a copy of his architect Skip Jackman's letter are attached to and made part of these minutes. OTHER Regarding the standardized forms that Ms. Leffingwell had pre- sented in the Workshop Meeting, Attorney Sliney again noted that he had no legal objection to their use; he commented that they were succinct and to the point. Noting the forms were a distinct improvement, it was the the consensus of the members that they be used for future violations. There being no further business to come before the Board at this time, the Regular Meeting was adjourned upon MOTION by MR. LENG/ MRS. GERBER at 11:04 A.M. dmt ~...~~ ~' APPROVE : ~-~~ C~ _ ~c or P. Ha ee Vice C it ~~ Merton Ru in ~',~.~Bs ~ ,v T- orace Leng ATTEST; DATE; ~~ Ellen Gerber COMMUNITY ASSOCIATION SERVICES, INC. A Property Management any! Personal Sen~ice Cv-goration u November 12, 1992 CERTIFIED MAIL/RETURN RECEIPT REQUESTED Ms. Lee Liffingwell Town of Highland Beach 3614 South Ocean Blvd. Highland Beach, FL 33487 RE: Enclave at Boca Cove - Citation Number 2336 Dear Ms. Liffingwell: As a follow-up to the citation we received, as well as the numerous written communications to you, and finally, your discussions with Mr. Gordon Noonan and Mr. Joseph Rosenbluth, please be advised that the Homeowners Association has agreed to have installed in an area adjacent to the location where the black olive tree was blown over by the hurricane, a hibiscus tree similar in style and nature to the hibiscus trees that can be found- on the property in various locations. • Once you acknowledge our intention, we would like to proceed. It is also our intention not to appear at the previously scheduled hearing which is set for November 18th, 1992 at 10:00 a.m. t would appreciate it if you would contact me regarding this information. Sincerely, ~ Mess Pre ident JM:rrm cc: Mr. Gordon Noonarl'~ Mr. Joseph Rosenbluth Paul Luberto • 700 West Hillsboro Boulevard, Building I -Suite 101 Deerfield Beach, Florida 33441 13051427-8042 Fax: 13051427-8579 West Pulnr Beaidi: 13071 738-6562 r #• - November 9, 1992 Richard N. Mendelson 1124 Highland Beach Drive #1 Highland Beach, FL 33487 Town of Highland Beach 3614 South Ocean Boulevard Highland Beach, FL 33487 Attn: Code Enforcement Board Re: Citation No. 2339 ~._~.~ ~ J The following statements and explanations are provided with the hopes of resolving the above referenced citation. Included with this explanation are the following: 1) Copy of proposal to complete roof repair as per renovation plan dated 2!18/68. The original contract to repair roof is not in my possession. All work on original repair was completed by 2/18/92. The Town can verify this by checking the inspection dates for Units #2 and #3 because • all work was performed simultaneously. 2) Letter from my architect, Albert Jackman, providing estimated date of completion for the new plans for the subject property. DETAILED EXPLANATION I acquired the subject property in December 1967 and planned to add an addition to the eastern side of the unit. Building permits were issued at that time to repair the roof and to build the addition. The roof was subsequently repaired around January 1988. The roof repair was never completed because the intent was to complete the job after the addition was added. The addition was delayed due to the subsequent bankruptcy of my builder, and consequently the roof job was never completed. (Only half of the tiles were installed.) NO ROOF WORK HAS OCCURRED ON MY ROOF (Unit #1) SINCE JANUARY 1988. However, several stacks of tiles were moved from the roof over Unit #3 to my roof .when a roofer repaired some loose tiles over Unit #3 within the last several weeks. In January 1992, I was able to restart my project, and at that time, I decided to add a second story to the unit instead of proceeding with the original plans to extend the • first floor. My architect advised me that a variance was required for the second story, and a variance petition was filed in May 1992. Due to various delays and misunderstandings between the building department and my ~' architect, the variance was finally granted on September 8, 1992. At that time, I authorized Land paid) my architect to complete the plans for the second-story project. As can bE seen from the accompanying letter, he has not been able to complete the plans due to his heavy workload generated as a result of Hurricane Andrew. Mr. Jackman projects that he will complete the plans by December 1, 1992. Haled on Mr. Jackman's estimated completion date of the plans, I will have the applications for permits to the Town by January 15, 1994. Assuming that the plans are approved without undue delay, I project that construction should begin by March 1, 199 and should be completed by July 1, 199$. I request the indulgence of the Hoard to allow me to proceed with the planned construction on my unit without incurring the additional expense of completing the roof repair which will ultimately be destroyed within the next four months. To the best of my knowledge and beliefs, I certify that the . above statements are true, accurate and complete. /~~~% ------ -------------- --- Richard N. Mendelson TO AND SUBSCRIBED BEFORE ME THIS 9th OF NOVEMBER, 1992 f ~ Q ,, . 1 ~ ~ ~~~~ Droris M. Trinley / Notary yUiARP Vl;;?LiC Si:iic eF F~r•~r~;a ~• r - albert Jackman, inc. DESIGNER November 6, 1992 Town of Highland Beach a t s 0 N w 2ND Re: Mr. Richard Mendelson To Whom It May Concern: alterations and additions Please be advised by this letter that our firm has been very busy with the South Miami clean-up and reconstruction effort and therefore have not been able to get to Mr. Mendelsons' project. We expect to be finished with his plans no later than around the first of December, so he may come in to the town for permit review. A V E N U E B • o c A • R A I trust this letter will assist Mr. Mendelson in answering the T concerns of the town. He has been calling us on a regular basis o and has been very patient in our scheduling of his project. N Thank you for your time and consideration with reference to this F matter. We look forward to this L project getting started and o finished in a proper length of time. We have told Mr. Mendelson R to expect a construction time of 3 to 4 months. This is assuming that he has a good working contractor / foreman on the job every D day and that materials needed are ordered in a timely fashion. A s Reg 3 4 3 1 A ert Jackman p oject designer (407)392-0068 Fnx (407) 393-8822