1990.11.21_CEB_Minutes_RegularTOWN OF HIGHLAND BEACH
CODE ENFORCEMENT BOARD
. REGULAR MEETING - MINUTES
Wednesday, November 21, 1990 10:04 A.M.
The Regular Meeting of the Code Enforcement Board was called to order
by Chairman Pamela J. Perona in Commission Chambers at 10:04 A.M.
Deputy Town Clerk Doris Trinley called the roll. Present were the
Chairman, Vice Chairman Victor P. Hadeed and Regular Members Edward J.
Pearlstein, Theodore F. Boepple, Merton Rubin and Horace Leng. Regular
Member Lowell Blum was absent.
Also present were Town Attorney Kenneth Zeilberger, Building Official
Harry Heithaus and members of the general public.
Upon MOTION by Mr. Leng/Mr. Boepple, the minutes of the Workshop and
Regular Meetings of July 18, 1990 were unanimously approved.
OLD BUSINESS
Based on information given by Building Official Heithaus during the
Workshop Meeting, Chairman Perona stated for the record that the fol-
lowing Citations had been satisfied:
• No. 2296. 2540 S. Ocean Blvd., Lot 124N (Bassolino/Owner).
Installation of a wave break approved by DER. Permit issued.
No. 2290. 4011 S. Ocean Blvd., Lot 50E (Ressler/Owner).
Notice of Compliance issued by DNR regarding relocation of
dock.
NEW BUSINESS
Citation No. 2321. Frank Sanchez, Trust, c/o D. Sanchez. 4117 S. Ocean
Blvd., Lot 38E. Section 15.3(a).
Based on advice given by Attorney Zeilberger during the Workshop Meet-
ing, Chairman Perona stated for the record that this Citation would be
addressed at the next meeting of the Board (12/19) to allow pr~pe~
posting of Citation on this vacant property.
OTHER
S. Myron Browner, a resident of Braemer Isle (unit 102) was recognized
by the Chairman and addressed the Board regarding a previously issued
Citation (No. 2319-A & B) having to do with Chapter 30, Section 5.2
(d)(1),i.e., non-commercial docks, etc.
Code Enforcement Board
Regular Meeting - Minutes
November 21, 1990 Page 2 of 2
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This Citation had been on the agenda of the July 18, 1990 meeting, at
which time Tony Magri (No. 2319-A) had sworn under oath that as fee
simple owner of the dock, he would cease renting the space in question,
but would allow the space to be used gratis since the boat owner, he
said, planned to contract with him for an $1 milion+ house in the Boca
Hi B&C site. This condition had been approved by then Town Attorney
David K. Friedman and, after a Finding of Facts met with unanimous ap-
proval, an order was issued to effect same. Citation No. 2319-B, also
addressed at this meeting, was cancelled due to lack of substantial
evidence.
Mr. Browner acknowledged that he had attended the July meeting and was
aware of the Board's decisions; however, he said that he was still of
the opinion a violation of Town code exists because Section 5.1(4)(1)
states "...Such facilities shall be used only by residents on the
property or their guests..."
Discussion took place among the members, Attorney Zeilberger, Building
Official Heithaus and Mr. Browner regarding this issue. Ultimately,
the members generally agre~:d that this condition should be resolved be-
tween Mr. Browner and his condominium association. Attorney Zeilberger
assured Mr. Browner that he would look into the matter again, but cau-
tioned that it was doubtful the Board could issue another Citation
in light of their previous findings and order. He also suggested that
perhaps Mr. Browner's Association documents might define "resident,"
noting that Town code does not define the term.
There be no further business to come before the Board at this time,
the meeting was adjourned upon MOTION by Mr. Leng, Mr. Hadeed at
10:20 A.M.
APPROVE :~~~"~~~2~~l~1 L .
Pamela J. P t~,a~, Chairman
ATTEST:
DATE:
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RE:
AFFADAVIT
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an eac JossphA.Boulay
Vice Mayor:
Bill Paul
3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH. FLORIDA 33487 Commissioners:
Harold C. Chambers
Betty Jsan Stewart
407.278.4548 Marvin A. Waldman
Palm Beach County, Florida FAX 407-265-3582 Town Manager:
Mary Ann Mariano
4117 SOUTH OCEAN BOULEVARD, LOT 38 EAST
ON WEDNESDAY, NOVEMBER 21~ 1990 AT 11:55 A,M, I PERSONALLY
AFFIXED A TRUE COPY OF CITATION N0, 2321 TO THE LOWER LEVEL
DOOR OiV THE SOUTH SIDE OF THE STRUCTURE LOCATED ON THE ABOVE
REFERENCED PROPERTY,
r 1
HIGHLAND BEACH POLICE DEPARTMENT
SWORN TO AND SUBSCRIBED TO BEFORE ME THIS
21sT AY OF NOVEMBER 1990,
i~ i
COMMISSION EXPIRES : '- ~ot~l, Pu6fic, State of Aorida
My Commrss~a;l ::rp:res 'a'ry 2i, ~~?91
"Tree City U.S.A."