Minutes 11-09-93 MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD IN CONFERENCE
ROOM "C", WEST WING, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, NOVEMBER 9, 1993, AT 7:00 P, 14.
PRESENT
Edward Harmening, Mayor J. Scott Miller, City Manager
Lynne Matson, Mayor Pro Tem James Cherof, City Attorney
Robert Walshak, ConTnissioner
David Katz, Commissioner
CALL TO ORDER
Mayor Harmening called the meeting to order at 7:32 P. M. in accordance with
Section 55 of the City Charter of the City of Boynton Beach. The purpose of
this meeting is to discuss Clean It or Lien It and/or a Community Improvement
Program.
Mayor Pro Tem Matson stated that there is a severe problem in various parts of
the CitY, not just the north end. If people cannot afford to put food on their
tables, they cannot be expected to sod their lawns. However, there is a problem
with absentee landlords that do not care about the way their property is main-
tained. They have rented to people who, through no fault of their own, are
ignorant. Many of them are foreigners who do not speak English or do not know
how to take care of a home. She hoped to come up with a solution on how to edu-
cate these people and better the quality of life for everybody.
Scott Blasie, Code Enforcement Administrator, stated that he contacted other
cities, including Lake Worth. The City of Lake Worth is in the beginning stages
of their Clean It or Lien It program and have not liened any property yet.
Mr. Blasie advised that because of budget cutbacks since 1989/1990, Code
Enforcement is operating with less than 50 percent of the staff they had at that
time. In addition, the Department lost an inspector who spoke Creole and
Spanish. Mr. Blasie felt it is more a matter of getting back to the proactive
approach (walking the beat and focusing on conditions of housing, yards, etc.)
as opposed to the reactive approach (responding to complaints). Mr. Blasie
advised that due to the shortage of manpower, Code Enforcement currently
responds to complaints first and then when they have time for anything else,
they get to it. He felt that overall, the City of Boynton Beach has a good
system and that perhaps the codes can. be reviewed and modified to some degree.
However, Code Enforcement has been able to maintain same day response when
someone calls with a complaint.
Police Chief Thomas Dettman explained that Code Enforcement was forced to change
from a proactive to a reactive mode due to the loss of manpower. Mayor
Harmening suggested that while the police officers are patrolling, they take
note of what is in desparate need of action and report it to Code Enforcement.
Chief Dettman advised that this is presently being done on a routine basis.
Mr. Blasie stated that Code Enforcement can process about forty violations a
day.
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BOYNTOH BEACH, FLORIDA NOVEHBER 9, 1993
Mayor Harmening felt that the Clean It or Lien It program would not work very
well because about eight of ten of these houses have an existing first mortgage
or some prior lien. The City's lien would be inferior to any existing lien and
in order to enforce it, the City would have to make an arrangement with the
first lien. In addition, most of these properties are homesteaded and the City
cannot foreclose on a lien on homesteaded property.
Commissioner Katz stated that the Florida Highway Patrol periodically receives
grants from the Federal government for more officers and the City has obtained
grants for the D.A.R.E. program. He wondered if there is any State or Federal
grant money available to hire additional Code Enforcement Officers or to offer
them overtime. Chief Dettman was not aware of any such grants. Mr. Blasie
stated that Code Enforcement tried to obtain CDBG grant money in the past for
demolishing houses and relocating people because there were people living in
substandard housing that was unsafe. However, there were other priorities.
Wilfred Hawkins, Assistant to the City Manager, did not know of any grant money
available specifically for Code Enforcement Officers; however, he stated that
there may be grant money available for neighborhood revitalization that might
encompass Code Enforcement Officers. He will explore the availability of such
grant money.
Commissioner Walshak advised that there is a lot of money available through
enterprise zones if the City can qualify. He stated that there are probably at
least two sections of the City that would qualify.
Mayor Harmening wondered how many absentee landlords there are in the housing
sector of the City, excluding the downtown area. Vincent Finizio of the
Engineering Department estimated that absentee landlords comprise under 10 per-
cent. Con,missioner Walshak stated that according to the Comprehensive Plan,
rental property was about 9 percent citywide. Ms. Sherrod was in possession of
a copy of the 1990 Census Report which indicated that rental units in the City
of Boynton Beach total less than 2 percent.
Commissioner Walshak advised that an article in the Sun-Sentinel stated that the
City left $870,000 on the table. He chal~lenged the editorial staff of the
Sun-Sentinel to collect that money. He explained that this figure was arrived
at by adding the liens still on the books since 1982. He pointed out'that
$50,000 of that money involves one propenty because the grass was not mowed
since 1984 or 1985. This property is only worth about $400. Commissioner
Walshak pointed out that it is impossible to collect some of this money.
Chief Dettman circulated a copy of Sec. 1.5-16 of the City of Hollywood Code
regarding setting up a Code Enforcement Assistance Fund to pay for costs
relating to code enforcement matters, legal prosecutions, and nelated code
enforcement matters. Mayor Pro Tem Matson asked if there would be a problem
with setting up something similar for the City of Boynton Beach. City Manager
Miller did not think there would be a pro.blem setting up something similar to
the City of Hollywood Code Enforcement As~sistance Fund and will look into this
matter.
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It seemed to Commissioner Katz that the money collected from violators could be
used to help fund overtime and perhaps extra personnel. Mr. Blasie felt this
fund is intendeU to help the people who are financially unable to correct the
violations on their property.
Mr. Finizio felt that most Code Enforcement cases can be resolved by educating
the public by going door to door and speaking to them when there are problems,
and that they should only be brought before the Code Enforcement Board as a last
resort.
Dee Zibelli felt the Code Enforcement Officers are afraid to knock on doors and
are not familiar with the community. She felt the community needs to become
involved because the City cannot be expected to do it all. She suggested form-
ing committees comprised of the residents of each area. One or two people from
each committee could meet periodically and give reports and discuss the problems
and complaints in their areas.
Commissioner Walshak felt the City has to take care of its own violations first.
Commissioner Walshak stated that the north end has its own tax increment
financing. Therefore, some of the money being generated into tax increment
financing is coming from that area. He stated that the majority of people in
the north end will not come to City Hall to the Community Improvement Department
and do not even know that programs exist. He suggested trying to acquire, free
of charge, one of the houses owned by the County at the intersection of 1-95 and
Gateway Boulevard and set up a satellite office there. The Community Improve-
merit,Department can then be moved there. He felt Ms. Sherrod and Mr. Souther
could perfom their jobs more effectively out of a satellite office in the north
end of the City. He suggested someone like Ed Sisko of the Fire Department, who
can no longer perform physical work, be the Director of the satellite office.
He stated that this would not cost the City any money and it is residential
friendly. It is similar to what Chief Dettman did by putting a satellite office
in Cherry Hill. Mayor Pro Tem Matson pointed out that there might be grant
money available for a satellite office for community improvement, since grant
money was obtained for the satellite office in Cherry Hill. Commissioner
Walshak also pointed out that Zones 1 and 3 would probably qualify for enter-
prise zones.
Ms. Sherrod advised Commissioner Walshak that initially, when these programs,
first started, we had a hard time with people coming down here, but that trend
changed. She had the ability to make those people comfortable and go beyond the
bureaucracy. She still has stacks of applications pending, but no funds to do
the projects with. She felt Ms. Zibelli is right on track and stated that other
cities are coordinating and developing neighborhood associations to make the
people responsible themselves. Ms. Sherrod advised that the City held
workshops and worked in conjunction with Code Enforcement, the Sanitation
Department, and the Building Department, educated people about the process, and
had brochures translated into Creole and Spanish. She stated that these things
have been tried and done and can still be continued. However, she felt neigh-
borhood task teams also need to be formed in order to have people in these sub-
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divisions and the homeowners themselves responsible. She stated that these
people know their neighbors and have a relationship with them and can help us to
teach them. Commissioner Walshak told Ms. Sherrod that he wants to help expand
the capabilities of the Community Improvement Department.
Mayor Pro Tem Matson suggested dividing the area into communities, naming each
one that does not have a name, and targeting the civic minded people we already
know in those areas.
Mr. Hawkins advised that according to the workshops which he and Mayor Pro Tem
Matson attended in Miami, the Federal government wants HUD to empower neigh-
borhoods and grants are available to do this. He stated that the City needs to
develop the vehicle to tap those sources and that the City already has the
people that know how to do that. He suggested moving forward and organizing
the neighborhoods and tapping the financial sources available. Mayor Pro Tem
Matson a~dded that at these forums, which were sponsored by HUD, they talked
about enterprise zones and all the money that was available,
Ms. Sherrod noticed during her tenure with the housing program, that a lot of
the rental properties have been sold as is, with holes in the roof and bad
electrical problems. People buy them because they are destitute and it is easy
to buy FHA approved homes because FHA has minimum guidelines and standards. She
explained that the people buy these homes for $40,000 or $45,000 and they need
$20,00D worth of repairs. Mayor Pro Tem Matson stated some people buy these
houses but cannot afford the repairs, so they move their vehicles onto the prop-
petty and sleep in them. She also stated that sometimes five or six families
live in one house. Ms. Sherrod explained that these people buy a house together
and live in it together until they can save enough money to put a downpayment on
another:house. She stated that the City codes specify that only one family is
supposed to live in one house; however, these people consider second and third
cousins family. This is their culture and they do not see where they are doing
anything wrong.
Discussion reverted to a satellite office. Commissioner Walshak suggested
having this office opened in the evenings and/or on Saturdays to accommodate the
people who work.
It was the consensus of the Commission that if one of the buildings owned by the
County at the intersection of Gateway Boulevard and 1-95 can be acquired free of
chaFge, to set up a satellite office there. It was also the consensus of the
Commission to research what money is available through HUD and to divide the
City into sections for the purpose of setting up community associations.
Commissioner Walshak added that an employee who is knowledgeable of the City and
of the people in that area needs to be chosen as director of the program itself.
He also wondered if additional legislation is needed to help Code Enforcement
with regard to placing liens on properties, as a last resort.
Mayor Pro Tem Matson pointed out that the problem with absentee owners still
needs to be addressed.
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BOYNTOM BEACH, FLORIDA NOVEMBER 9, 1993
Chief Dettman stated that people call his office on a constant and regular basis
to volunteer their time. He suggested utilizing them in a clerical capacity in
the satellite office. Mayor Pro Tem Matson suggested utilizing volunteers to
cover the clerical spot that is frozen in Code Enforcement.
Enrico Rossi, Vice Chair of the Code Enforcement Board, pointed out that the
area where the Ci~ desires to set up a satellite office is in a residential
area. Therefore, the Ci~ will be violating the codes. City Manager Miller
advised that the City can obtain a variance.
~OURNME~
There being no further business to come before the Co~ission, the meeting prop-
erly adjourned at 8:30 P. M.
THE CITY OF ~YNTON BEACH
Vice Mayor
ATTEST: L/ /~~ro Tem
City ~lerk /
Recording Secretary ~J Commissioner
(One Tape)
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