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1990.07.18_CEB_Minutes_Regulary > TOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES Wednesday, July 18, 1990 18:00 A.M. Vice Chairman Pamela J. Perona called the Regular Meeting to order at 10:00 A.M. in Commission Chambers. Deputy Town Clerk Doris Trinley called the roll. Present were the Vice Chairman and Regular Members Edward J. Pearlstein, Lowell Blum, Theo- dore F. Boepple, Merton Rubin, Horace Leng and Victor P. Hadeed. Also present were Building Official Harry Heithaus, Town Attorney David K. Friedman and members of the general public. Upon MOTION by Mr. Hadeed/Mr. Pearlstein, with unanimous approval, the agenda was amended to include Election of Officers. Upon MOTION by Mr. Leng/Mr. Boepple, the Workshop and Regular Meeting minutes of May 16, 1990 were unanimously approved. ELECTION OF OFFICERS . After a brief discussion prompted by Mr. Pearlstein's question regard- ing the Town Commission maintaining a 7-Regular Member Board versus a 5-Regular Member Board with two (2) alternates, during which the Town Attorney stated that the Commission's recent appointments on a Regular Member basis indicated their intention to maintain a 7-Regular Member Board, nominations were accepted. Pamela J. Perona was nominated for Chairman by Mr. Leng/Mr. Pearlstein. A roll call vote resulted as follows: Mr. Hadeed.........AYE Mr. Rubin..........AYE Mr. Leng...........AYE Mr. Pearlstein.....AYE Mr. Boepple........AYE Mr. Blum...........AYE Ms. Perona.........AYE Victor P. Hadeed was nominated for Vice Chairman by Mr. Pearlstein/ Mr. Boepple. A roll call vote resulted as follows: Mr. Mr. Mr. Mr. Mr. Mr. Ms. Hadeed.........AYE Rubin..........AYE Leng...........AYE Pearlstein.....AYE Boepple........AYE B1um...........AYE Perona.........AYE Code Enforcement Board Regular MeetirK~ - Minutes • July 18, 1990 Page 2 of 5 On behalf of herself and Mr. Hadeed, Chairman Perona thanked the mem- bers for their confidence. OLD BUSINESS Building Official Heithaus advised that James Barry of 4015 S. Ocean Blvd., having satisfied requirements of DNR and the Town regarding re- moval of a boat ramp and relocation of a gazebo, was issued an Affa- davit of Compliance after the proper permits for work to be done were applied for and issued by the Building Department. Citation 2288 has thus been satisfied. Regarding Citations 2248 through 2252, which were issued to Dr. Alvin Jarrett in 1985 for property located at 1100A Highland Beach Drive, Attorney Friedman informed the members that Dr. Jarrett has paid all fines levied by the Code Enforcement Board. In this regard, Chairman Perona executed an "Order Acknowledging Compliance and Satisfaction of Fines/Liens," which the Town Attorney will transmit to the proper authority. The citations are now considered satisfied. NEW BUSINESS CITATIONS 2319-A AND 2319-B. RICHARD E KNOWLTON OF ROYAL COVE JOINT • VENTURE (2319-A) FOR MARINA LOCATED IN BOCA HI AND MARCUS VAN WINKLE, PRESIDENT OF PANACHE DEVELOPMENT CO. (2319-B) FOR NORTH MARINA IN BOCA HI. BOTH CITED UNDER CHAPTER 30, SEC. 5.2(d)(1): NONCOMMERCIAL DOCKS, PIERS, LAUNCHING FACILITIES AND MOORING DEVICES. Before hearing testimony, Chairman Perona read into the record a letter from John E. Ward, who is Chairman of the Town's Planning Board and a resident of Braemer Isle in Boca Hi. The thrust of Mr. Ward's letter was that Boca Highland Center Security should deny access to non-resi- dents attempting to utilize the North Marina and that the practice of admitting strangers represents a significant security risk. Mr. Ward referred to sections of Town Code and the original governing documents and covenants of the Boca Highland Center, Inc., which would apply. The letter was entered as Exhibit 1. Upon being sworn in, Building Official Heithaus said he had received many complaints from Boca Hi residents regarding non-owners who were apparently leasing dock space in this marina. He presented the Board with a photograph of a boat named "Caesar's Palace," which was entered as Exhibit 2 and noted to be docked in the North Marina. Mr. Heithaus stated that the North and South Marinas had recently changed ownership and he had been advised by one of the new owners of the North Marina that the boat shown in Exhibit 2 was owned by a per- son who was under contract for purchase of property and dwelling with- . in the B&C site. Code Enforcement Board Regular Meeting - Minutes • July 18, 1990 Page 3 of 5 According to Town Code, Mr. Heithaus continued, this arrangement would not constitute "ownership" at this time; therefore, it would seem that the dock space was technically being leased to other than an estab- lished dwelling owner, which would be a violation of code wherein "non-commercial" docks are allowed; "commercial" docks are not. Anthony Magri was then sworn in and identified himself as President of First Development Corporation of Esplanada, one of the new owners (as of Monday, July 16) of the North Marina. Mr. Magri stated the marina was owned in fee simple and questioned why dock space could not be rented out just as an apartment might be rented if it were owned in fee simple. Attorney Friedman replied that Section 5.2(d)(1) specifically addressed the subject of non-commercial docks. Mr. Heithaus read the section into the record. Mr. Magri then asked if the owner of the boat in question would be al- lowed to dock without a lease, as Mr. Magri's guest. A short discus- sion followed and Attorney Friedman, after review of the section of Code, allowed that this arrangement would not appear to be in viola- tion. A lengthy discussion followed, during which Myron Browner, a resident of Braemer Isle and J.J. Ambridge, Manager of Braemer Isle, were sworn • in. Both protested the leasing of dock space to any other than a "dwelling" owner. Areas addressed included Town Code, Boca Highlands Condominium Documents and Covenants, licensing agreements and the Town's Settlement of Agreement with Boca Highlands. During the course of these discussions, Mr. Browner expressed the possibility that the boat itself might be being used as a commercial vessel, i.e., a fishing charter. In this regard, Attorney Friedman ad- vised that the members were to consider only the violation of Code that was cited: the leasing of dock space as a commercial enterprise. Mr. Magri stated that his arrangement with the owner of the boat was a matter of accommodation, since the owner is contracted to Mr. Magri for a home to be built within the B&C site, the cost of which will be over one million dollars. Mr. Magri further stated that he would be willing to forego the leasing of the dock to the boat owner, allowing him to use the space free of charge, to maintain the contract for the home. Noting that this statement was made under oath, Attorney Friedman added the phrase "or any other monetary or other consideration." Mr. Magri agreed, cognizant that his statements were made under oath. Code Enforcement Board Regular Meeting - Minutes • July 18, 1990 Page 4 of 5 A Finding of Facts was then made by Mr. Pearlstein/Ms. Perona as fol- lows: That Anthony Magri, representative for Richard Knowlton, Royal Cove Joint venture, has given testimony that the space in question is being leased on a long-term contract (12-15 months' lease). This is in violation of Chapter 30, Section 5.2(d)(1). The testimony and documents that have been entered into the record today support this Finding of Facts. The Finding was unanimously approved. An ORDER was then issued upon MOTION by Mr. Leng/Mr. Hadeed as follows: That Anthony Magri, representative of the owners, has been found in violation of Code as charged and has ten (10) working days to remedy the violation by ceasing use of dockage for commercial purposes. The ORDER met with unanimous approval. • Attorney Friedman then advised the members that because two different owners were involved in the Citation, each should be considered indi- vidually. The members agreed, noting for the record that the Finding of Facts and Order immediately preceding had to do with Citation 2319-A only. Citation 2319-B, identified at this time as the South Marina, was then addressed. The Building Official advised that he had had several com- plaints regarding the South Marina at approximately the same time complaints about the North Marina were received. A resident had filled out a complaint foam in this regard, he said, but then refused to sign it. Marcus Van Winkle was then sworn in and stated that at one time he was a part-owner of the North Marina, but at this time was no longer a part-owner of same. Now, he continued, he was involved with ownership of the South Marina only. Mr. Van Winkle advised the members he had no knowledge of any outsiders within the South Marina and had no intention of allowing this to occur. He further said that he planned to comply with Town Code, as well as the requisite condominium documents and covenants. Mr. Leng asked who would qualify for dock space in the South Marina; Mr. Van Winkle replied that anyone who is a member of Boca Hi Association would qualify. A Finding of Facts was then made by Mr. Hadeed/Mr. Boepple as follows: Evidence failed to substantiate Citation 2319-B. This Board finds Marcus Van Winkle, President of Panache Development Co., not guilty. f ~ ~ i Code Enforcement Board Regular Meeting - Minutes . July 18, 1990 Page 5 of 5 The Finding was unanimously approved. There being no further business to come before the Board at this time, with the next meeting date set for Wednesday, August 15, this meeting was adjourned at 11:45 A.M. upon MOTION by Mr. Boepple/Mr.Leng. APPROVE: ~ Pamela J. P o , Chairman ctor P. Hadeed, Vice Chairman ~' ~,~~ Ed war J Pearlstein n Lgwell Blum ! re Bo rton Rubin ace ae ATTEST : /J~--V D~L~® ~/ DATE : ~~wlf ~~ ~~ ~ ~ y n