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1990.05.16_CEB_Minutes_Workshop~, ~ _ TOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD WORKSHOP AND REGULAR MEETINGS -MINUTES Wednesday, May 16, 1990 9:45 A.M. Vice Chairman Pamela J. Perona called the Code Enforcement Board Work- shop and Regular Meetings to order in Commission Chambers at 9:45 A.M. Deputy Town Clerk Doris Trinley called the roll. Present were Vice Chairman Perona and Regular Members Edward J. Pearlstein, Theodore Boepple, Lowell Blum, Merton Rubin and Victor P. Hadeed. Regular Mem- ber Horace Leng was absent. Also present were Building Official Harry Heithaus, Town Attorney David K. Friedman and members of the general public. On behalf of the members, Vice Chairman Perona welcomed Victor P. Hadeed as a newly appointed member of the Board and said they would look for- ward to working with him.. OLD BUSINESS: • At its last Regular Meeting (April 18) the Town Attorney had advised the Board of certain changes in State statutes which permitted a community of under 5,000 to maintain a five (5) member Code Enforcement Board, with two (2) alternates if desired. Because of these changes, and the fact that the current Board was comprised of seven (7) regular members, it was the Board's Consensus that the election of officers, scheduled for the April 18 meeting because of Chairman William E. Paul's election to Vice Mayor, not be held at that time, but discussed further at a fu- ture meeting. At this time Vice Chairman Perona noted that with the appointment of Mr. Hadeed as a Regular Member on May 1, it would seem the Town Commission's decision was to retain a full seven (7) member Board. Therefore, she continued, it would seem appropriate to delay election of officers until all members were present. After some discussion, it was the CONSENSUS of the members that elections be held at a future meeting. NEW BUSINESS: Citation No. 2314. James Nobil, President, Camino Cove Property Owners Association, for property located at 1113/1115 Russell Dr., Lot 15 HBI. Not on record for existing dolphins: Planning Board Approval; Public Hearing; Permits. Chapter 3fd, Sec. 5.2(d) (1) and 8.1 Building Official Harry Heithaus addressed the Board, saying that three (3) dolphins were placed in the canal and since the Citation was issued Code Enforcement Board • Workshop/Regular Meetings - Minutes May 16, 1990 Page 2 of 3 he had been advised by Mr. Mobil that the property in violation is owned by Dr. Stuart Willner, 1117 Russell Drive. He also noted that in Mr. Mobil's letter, it was stated that the Association did approve such an installation, but such approval was always subject to securing necessary permits. The Vice Chairman then asked Attorney Friedman if in fact the right party had been cited. He answered that when the Citation was issued there was no knowledge as to the owner or the information contained in the Association's Articles of Incorporation, a copy of which had since been submitted by Mr. Mobil. According to the Articles, Mr. Friedman said this situation would fall under "Exclusive Use Area," which includes boat slips; these areas are reserved for the use of a certain unit. Mr. Mobil then identified himself and was sworn in. He said that Dr. Willner was unable to attend, but hoped the Board would allow the dol- phins to remain while after-the-fact permits were sought, as Dr. Willner felt they were a benefit to safety on the canal. From a navigational standpoint, Mr. Mobil commented there was no problem since the canal at that point was about 150' wide. He added that a 34' boat was more easily controlled with the extra dolphins. When questioned by Mr. Boepple about Hugette and Jean ~®tiis Fontaine's objection to the placement of the dolphins, Mr. Mobil replied that the slip is not in front of their property and does not block them in any way. When asked by the Building Official who the contractor was, Mr. Mobil said he did not know. Ms. Perona asked when Dr. Willner had requested approval of the installation from the Camino Cove Property Owners Asso- ciation; Mr. Mobil said it was about 1-1/2 years ago. Building Official Heithaus then referred to that section of the Code which called for an open Planning Board meeting (Public Hearing) for this kind of installation, before which all those within 1000' of the installation site would be notified [5.2 (d)(1)}. He also stated that B.K. Marine had admitted to the installation and said they would. remove the dolphins if so directed. When asked how B.K. Marine had conducted business on other Town installations, Mr. Heithaus said that several projects of theirs had been done prior to obtaining permits. Discussion ensued regarding the Association's responsbility versus the individual owner's and it was determined that the owner had not only paid to have the dolphins installed, but had responsibility of main- taining same. On advice of Attorney Friedman, the Board therefore reached a decision and prepared to make a Motion. However, since the Workshop Meeting had not been adjourned; the following MOTION by Mr. • Boepple/ Mr. Pearlstein, on advice of Attorney Friedman, was made first., i.e., that the Workshop Meeting was determined to have been adjourned as of 10:00 A.M. This Motion passed with unanimous vote. Code Enforcement Board • Workshop and Regular Meetings - Minutes May 16, 1990 Page 3 of 3 Then a MOTION was made by Mr. Hadeed/Mr. Boepple that in view of the fact that primary control rests with the owner of the dolphins, the owner should receive the Citation. A roll call vote was taken with the following results: Mr. Hadeed .................AYE Mr. Rubin ..................AYE Mr. B1um ...................AYE Mr. Boepple . ..............AYE Mr. Pearlstein .............AYE Ms. Perona .................AYE In this regard, the Building Official was instructed by the Board to is- sue Citations to both Dr. Stuart Willner and B.K. Marine. Before Mr. Nobil left the meeting, he thanked the members, on behalf of Camino Cove Property Owners Association, for their consideration. Note: A copy of the Articles of Incorporation of Camino Cove Property Owners Associations, Inc. are attached to and made part of these minutes. . The members then addressed the minutes of the Regular Meeting of April 18 and upon MOTION by Mr. Boepple/Mr. Rubin, they were approved unani- mously. Vice Chairman Perona acknowledged Commissioner Harold Chambers, who was present for a portion of the meting. There being no further business to come before the Board, the next meeting date was announced for June 20 and upon MOTION by Mr. Blum/ Mr. Boepple, this meeting was adjourned at 10:30 A.M. APPROVE: Pame • ATTES DATE: ~, Edwazd J. a `stein ~ ~~_'"_ ,~~~~,.~ Lowell Blum V ctor P. Hadeed SENT OY~~OMBARDIER INC. ~ 5-15-90 ~ 1348 ~ 5148617275- 4072653582# 3/ 5 ARTICLES OF INCORPORATION OF CAA9IN0 COVE PROPERTY O~YNERS ASSOCIATION, INC. (A Corporation Not For Profit} In compliance with the requirements of Chapter 617, Florida Statutes, the undersigned do hereby make, subscribe and acknowledge that they have wluntarily associated themselves together for the purpose of farming a cor- poration not for profit, and do hereby certify the Pollowing as the Articles of Incorporation of such corporation ARTICLE I NAME The name of the corporation shall be CAMINO COVE PROPERTY OWNERS ASSOCIATION, INC . - hereinafter sometimes referred to as the "Association," or the "Corporation . " ARTICLE II PRINCIPAL OFFICE The initial principal office of the Association will be located at 4500 South Ocean Boulevard, Highland Beach, Florida 33431. ARTICLE III REGISTERED AGENT AND REGISTERED OFFICE Milord Development Corporation, whose address is 4500 South Ocean Boule- vard, Highland Beach, Florida 33431, is hereby appointed the initial Registered Agent of this Association, and its address is designated as the initial registered office of the Association. ARTICLE IV PURPOSE OF ASSOCIATION This Association is organized to serve as the instrumentality of property owners in Camino Cove for the purpose of controlling and regulating use of the amenities therein; of promoting, assisting, and providing adequate and proper maintenance of Camino Cove for the benefit of all owners thereof; of providing and romoting recreational activity within Camino Cove thro_ ugh the ac u a t on o land and fac li itles (whether by fee s mp a ownership, leas2hoid or o er possessory use interest), the maintenance of said land and facilities, and such other means and methods as it may deem in the best interest of its members; to exercise all power and d~scharce all responsibilities granted to it as as corporation, under the laws of the State of Florida, its Bylaws, these ArticleaZifZncorporatiQn, and the Declaration; to acauire,_hold, convey and other~edse deal with real andlor personal oronar~v •n this ~ornoration}e et~a- cit ro ert owners association • and to otherwise engage in such addi'fiona aw u aeti ties for the benefit , use , convenience and en juymont of its members as it mr~y seam proper. t .SENT B'~':BOMBARDIER INC. ; 5-15-90 ~ 13:49 5148617275-+ 4072653582# 4/ The Association is responsible for the management, maintenance and operation of the Common Property. Declarant will convey title to the Common Property to the Association no later than the date of closing on the sale of the last Unit in Camino Cove . 2. Exclusive Use Area, An "Exclusive Use Area" is common property which is reserve or the use o a certain Unit, to the exclusion of ether Units. The right to use an Exclusive Use Area shall be appurtenant to end shall pass with the title to the Unit with which it is associated. Plats which have been or will be recorded in the public records of Palm Beach County, Florida, designate which property comprises the Exclusive Use Area for each Unit. The Exclusive/ Use Area shall inr~.de, but not be limited to, yard areas, individual poo s, /I/~ veweys an boat slips. nt such time as the Dec arant, its successors or ass gns, trans era an conveys of record all property subject to the Declaration, Declarant reserves the right to make reasonable revisions to the Exclusive Use Areas so that they more closely conform to the aesthetic and design intent of the development . 3. Maintenance of Pro art . The Association is authorized to and shall, either by r ue o he appo ntment of a real estate management agent, or through its awn personnel, gravide for the maintenance and repair of the Common Property, the Common Maintenance Area (a public area as indicated on plot plan) , and those portions of the Exclusive Use Area and individually deeded property specified in Section III. Declarant, its affiliates, successors and/or assigns, may be the management agent and nothing shall be deemed to invalidate any agreement between the Association and the Declarant or its affiliates for the reason that at the time of entering into the agreement, employees, officers or agents of the Declarant or its affiliates are the officers and for directors of the Association . 4. Rules and Re ulatians Governin Use of Common Pro art and Exclusive Use rasa. he ssoc at an, through is oar o erectors, s aA regu a e the use o t e Common Property and the Exclusive Use Areas by its mem- bers and may from time to time promulgate such rules and regulations consistent with this Declaration governing the use thereof as it may deem to be in the best interest of its members. A copy of ell rules and regulations established here- under and any amendments thereto shall be provided to alI members of the Asso- ciation. These rules and regulations may be enforced by legal ar equi#able action. 5. Boat Sli s and Docks. The Association makes no warranty of any kind, express or zmp a as a t e condition of the boat docks, the boat slips, walkways, gangways, rampways, pilings, or mooring gear or the safety thereof during storms, high winds or other times. The Association makes no representa- tion or warranty of any kind, express or implied, regarding permits for erection and use of the boat docks. The use of the boat slips and docks by Owners and guests is at the sots risk of these persons, and the Association shall not be respon- sible for injuries to persons or damage to property occurring therein or thereon. Boat Sizes shall be within the limits sa shown on Exhibit B which is attached hereto and is incorporated herein by reference . C. Enforcement of Restrict#one. The Association, through its Board of Directors, K n gave t e power ~!n Authority to aliforcc tt~eN~ cc>vc.•l~rltltK ~I11cS restrictions nd hereinafter sot forth . D. Assessments. The Association, through its Board of Directors, shall have the power an au ore y to make and Collect aasessment$ as hereinafter set forth. - 2 - SENT BY~80M8ARDIER INC. ~ 5-15-90 ~ 1350 ~ 5148617275 4072653582 # 5/ ~~ , ~ ~ r ~ ------ == ~" j .._ i ~- ,rp, ~~~ '. ... ~~p. = . .~~ ..•Q,. CANAL ' ~ ~.. ~..r-~ ~. Q 0 ----- ~ ~~~ .L '! ~' ~~ .~ 'o '~ n ~~ ~. M `' J f~ ...... _ _ a ~` ~..~-- -~ ~-.^t~ ---~'t.i0 ...~ ~' ' t~ ~1 1 _.... -.~._.~.i ~ O A T~~~~S ! Z E ..~ C: i M ! Vii' S ~_-- _ . ,_._ .... . '' ~l..IPS A~,5 S !O - Z~ F££T `~ SLlPS 3 & C -~ ~-4 FEET '. ENO BOAT SHALL HAVE ,BEAM WIDTH GREATER THAN 12 FEET. EXHIBIT B'