2022.11.16_CEB_Minutes_RegularaTOWN OF HIGHLAND BEACH
TOWN CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES
Town Hall / Commission Chambers Date: November 16, 2022
3614 South Ocean Boulevard Time: 1:00 PM
Highland Beach, Florida 33487
1. CALL TO ORDER
Vice Chairperson Perlow called the meeting to order at 1:00 P.M.
2. ROLL CALL
Board Member Robert Lasorsa
Board Member Cherbini (virtual)
Board Member David Axelrod
Board Member Bryan Perilman
Vice Chairperson Jane Perlow
Town Attorney Leonard Rubin
Administrative Support Specialist Jaclyn DeHart
ABSENT
Chairperson Myles Schlam
Board Member James Murray
ADDITIONAL STAFF PRESENT
Code Compliance Officer Adam Osowsky
3. PLEDGE OF ALLEGIANCE
The Code Enforcement Board led the Pledge of Allegiance of the United States of
America.
4. APPROVAL OF THE AGENDA
MOTION: Axelrod/Perilman - Moved to approve the agenda as presented, which
passed unanimously 5 to 0.
5. SWEARING IN OF THE PUBLIC
Mrs. DeHart swore in those giving testimony.
Code Enforcement Board Regular Meeting Minutes
Date: November 16, 2022 Page 2 of 7
6. PUBLIC COMMENT (limited to three (3) minutes per speaker)
Jack Halpburn gave his opinion as a private resident concerning the tesla charger
that was installed on 45 Ocean property.
7. APPROVAL OF MINUTES
A. October 11, 2022
MOTION: Perilman/Axelrod- Moved for the approval of the minutes as
presented. The motion passed unanimously 5 to 0.
8. UNFINISHED BUSINESS
A. CASE NO. CC2022-05-006
Jill Gilles
4023 S. Ocean Blvd.
PCN: 2443-47-04-00-005-0080
Legal Description:4-47-43, N 100 FT OF S 445 FT OF GOV LT 5 E OF SR 140
A/K/A CITY LOT NO 47
Code Sections: 30-122 (A) Building Permits Required.
Violations: Observed earth removal east of CCCL without permit.
Vice Chairperson Perlow read the title of Item B.A. and asked the Board members
if they had any Ex Parte communications to disclose in the matter? Hearing none,
she opened the public hearing and called for Code Compliance Officer Osowsky
to give testimony and recommendations regarding the violation.
Code Compliance Officer Adam Osowsky provided a brief timeline of 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 the violation observed during the onsite inspections, and
paper postings at the property address and at Town Hall.
Code Compliance Officer Osowsky mentioned that the violator is now in
compliance. Therefore, the Town recommends that the Respondents be found in
violation of the Town Code as alleged in the Notice of Violation and
recommended waving the prosecution costs in the amount of $250.00.
The public hearing was closed followed by a motion.
MOTION: Perilman/Lasorsa -Moved that the Respondents 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. Based upon
roll call, Member Lasorsa (Yes), Member Cherbini (Yes), Member
Code Enforcement Board Regular Meeting Minutes
Date: November 16, 2022
Page 3 of 7
Axelrod (Yes), Member Perilman (Yes), and Vice Chairperson
Perlow (Yes), which passed on a 5 to 0 vote.
B. CASE NO. CC20221-08-008
45 Ocean Condo Assoc. Inc.
4505 S. Ocean Blvd Cond
Highland Beach FL, 33487
Code Sections: 30-122 (A) Building Permit Required
Violations: Tesla charger installed without permit.
Vice Chairperson Perlow read the title of Item 8.6. and asked the Board members
if they had any Ex Parte communications to disclose in the matter? Hearing none,
she opened the public hearing and called for Code Compliance Officer Osowsky
to give testimony and recommendations regarding the violation.
Code Compliance Officer Adam Osowsky provided a brief timeline of 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 the violation observed during the onsite inspections, and
paper postings at the property address and at Town Hall
Code Compliance Officer Osowsky mentioned that to date, no permit had been
applied for and the violation remains. Therefore, the Town recommends that the
Respondents be found in violation of the Town Code as alleged in the Notice of
Violation, the violator be fined $250.00 per day for each day the violation remains
retroactively to August 15, 2022, and assess prosecution costs in the amount of
$250.00 payable by the date set for compliance
Building Official Jeff Remas provided further information about the code violation.
He explained that a condo owner hired their own contractors to install a tesla
charger, with no permit obtained. The tesla charger is on 45 Ocean condo
association property and not within the owner's property parcel. Therefore, the
condo association is the respondent.
Peter C Mollengarden, Esquire, 45 Ocean Condo Association's lawyer, was
present and provided testimony relevant to the case. He stated that there is a
proposed agreement with the condo owner to resolve the issue.
The public hearing was closed followed by a motion.
MOTION: Lasorsa/Perilman Moved that Respondent be found in violation of
the Town Code as alleged in the Notice of Violation and that they be
ordered to comply within 45 days or be fined $250.00 per day for
each day the violation remains after the date set for compliance and
Code Enforcement Board Regular Meeting Minutes
Date: November 16, 2022
Page 4 of 7
assess prosecution costs in the amount of $250.00 payable by the
date set for compliance. Based upon roll call, Member Lasorsa (Yes),
Member Perilman (Yes), Member Cherbini (Yes), Member Axelrod
(No), and Vice Chairperson Perlow (Yes). The motion passed on a 4
to 1 vote, with Member Axelrod dissenting.
9. NEW BUSINESS
A. CASE NO. CC2022-06-006
Braemar Isle Cond
4740 S Ocean Blvd.
Highland Beach, FL 33487
Code Sections: 30-122 (A) Building Permits Required
Violations: Observed damage drywall and elevated levels of moisture in Unit
116
Vice Chairperson Perlow read the title of Item 9.A. and asked the Board members
if they had any Ex Parte communications to disclose in the matter? Hearing none,
she opened the public hearing and called for Code Compliance Officer Osowsky
to give testimony and recommendations regarding the violation.
Code Compliance Officer Adam Osowsky provided a brief timeline of 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 the violation observed during the onsite inspections, and
paper postings at the property address and at Town Hall. He mentioned that the
property manager has an engineer's report regarding the issue but has refused
to share the report with the town.
Therefore, the Town recommends that the Respondents be found in violation of
the Town Code as alleged in the Notice of Violation, the violator 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.
Rhonda Brama, owner of unit 116, provided comments about the violation on
the property. She provided the Code Enforcement board with additional photos
of the violation.
Anthony Lopez, property manager, provided comments about the violation and
the property and the steps he has taken thus far in relation to the violation.
The public hearing was closed followed by a motion.
Code Enforcement Board Regular Meeting Minutes
Date: November 16, 2022
Page 5 of 7
MOTION: Perilman/Cherbini - Moved that Respondent 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 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. Based upon a roll call, Member Perilman
(Yes), Member Cherbini (Yes), Member Lasorsa (Yes), Member
Axelrod (Yes), and Vice chairperson Perlow (Yes). The motion
passed on a 5 to 0 vote.
B. CASE NO. CC2022-06-007
Albert J Brok Trust
3700 S Ocean Blvd 805
PCN: 24-43-47-04-51-001-0805
Legal Description: TOSCANA NORTH COND UNIT 805
Code Sections: 30-122 (A) Building Permits Required
Violations: Observed AC changeout without permit.
Vice Chairperson Perlow read the title of Item 9. B. and asked the Board members
if they had any Ex Parte communications to disclose in the matter? Hearing none,
she opened the public hearing and called for Code Compliance Officer Osowsky
to give testimony and recommendations regarding the violation
Code Compliance Officer Osowsky read in the item and requested that the case
be postponed so the owner could receive proper notification.
Town Attorney Rubin advised that no action was needed to postpone the case.
C. Case No. CC2022-08-017
Peggy I. Kaufman
3450 S Ocean Blvd. Apt. 705
Highland Beach, FL 33487
PCN: 24-43-46-33-32-000-7050
CASUARINA COND UNIT 705
Code Sections: 30-122 (A) Building Permits Required
Violations: Paperwork still needs to be submitted since the beginning of July
PWH22-0705. Permit is not issued. PWH22-0084
Vice Chairperson Perlow read the title of Item 9.C. and asked the Board members
if they had any Ex Parte communications to disclose in the matter? Hearing none,
he opened the public hearing and called for Code Compliance
Code Enforcement Board Regular Meeting Minutes
Date: November 16, 2022
Page 6 of 7
Code Compliance Officer Adam Osowsky provided a brief timeline of 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 the violation observed during the onsite inspections, and
paper postings at the property address and at Town Hall
Code Compliance Officer Osowsky mentioned that the violator is now in
compliance. Therefore, the Town recommends that the Respondents be found in
violation of the Town Code as alleged in the Notice of Violation and
recommended and to assess prosecution costs in the amount of $250.00 payable
within 30 days.
MOTION: Lasorsa/Perilman - Moved that Respondent be found in violation of
the Town Code as alleged in the Notice of Violation and assess
prosecution costs in the amount of $250.00 payable within 30 days.
The motion passed unanimously 5 to 0.
10. ANNOUNCEMENTS
Vice Chairperson Perlow read the announcements as follows:
November 17, 2022 - 9:30 A.M. Planning Board Regular Meeting
November 22, 2022- 1:30 P.M. Town Commission Special Meeting
December 07, 2022 - 6:00 P.M. Public Meeting Accessory Marine Facility
Regulations
Code Enforcement Board Regular Meeting Minutes
Date: November 16, 2022 Page 7 of 7
11. ADJOURNMENT
The meeting adjourned at 2:10 (2:08) P.M.
APPROVED Decerr�,JBH292%LCOde
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FIOTranscribed by: Jaclyn DeHart
I December 13, 2022
Ja n DeHarf
Date
Adfninistrative Support Specialist
Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are
transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/video
recordings are permanent records and are available on the Town's Media Archives &
Minutes webpage: hftps://highlandbeach-fl.municodemeetings.com