Minutes 01-26-06
MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING
HELD IN THE COMMISSION CHAMBERS, CITY HALL,
BOYNTON BEACH, FLORIDA, ON THURSDAY, JANUARY 26, 2006 AT 3:00 P.M.
Present
Michele Costantino, Chairperson
Kathy Cook, Vice Chair
Kathleen Carroll
Christopher DeLiso
Lisa Simshauser
Richard Yerzy
David Tolces, Assistant City Attorney
Scott Blasie, Code Administrator
Absent
Bob Foot
I. Call to Order
Chair Costantino called the meeting to order at 3:00 p.m.
II. Approval of Agenda
There were no changes to the agenda.
Motion
Mr. Yerzy moved to approve the agenda, seconded by Ms. Simshauser and unanimously carried.
III. Swearing in of Witnesses
Assistant City Attorney Tolces swore in all persons who planned to speak during the meeting.
IV. New Business
A. Lien Reduction
Case #03-1768
660 Las palmas Parkway
Shadd Vickery
Scott Blasie reported this case pertained to starting work on a dock before application for a.
permit. The original notice of violation was given on June 12, 2003. A Code Compliance Board
hearing was held on August 20, 2003 and Mr. Vickery appeared. The Board set a compliance
date of November 18, 2003 and proposed a fine for non-compliance of $25 per day. The
violation was rectified on December 20, 2005.
At the time of the original violation notice, Mr. Vickery applied for a permit before the Board
Order expired and was then subjected to extensive delays from the various governmental
agencies that had to sign off on the permit. As soon as all the signoffs were obtained, the
inspection was held and it moved quickly.
Meeting Minutes
Code Compliance Board Lien Reduction Hearing
Boynton Beach, Florida
January 26,2006
Motion
Based on the testimony and evidence presented in Case #03-1768 and having been advised the
Respondent had complied with all lien reduction procedures set forth in Section 2-84 through 2-
89 of the Boynton Beach Code of Ordinances, Mr. DeLiso moved the Board rescind the fine
instituted in Case #03-1768 by virtue of this Board's Order of August 20, 2003 and the lien
imposed by that Order be released. Ms. Simshauser seconded the motion that passed 6-0.
Case #05-2215
Julia Andrews/
Edward Charles Leggett
226 N.E.13th Avenue
Scott Blasie reported this was one of the first sexual offender cases. The citation was issued on
September 20, 2005. A Code Compliance Board hearing was held on November 17, 2005 and
the Respondents appeared. The Respondents were the landlord and the offender, respectively.
The Board set a compliance date for Mr. Leggett of January 1, 2006 and proposed a fine of
$100 per day for non-compliance. The Board also set a compliance date for Ms. Andrews of
January 1, 2006 and proposed a fine of $50 per day for non-compliance. Compliance was
documented on January 23, 2006. Staff recommended no fine. In Mr. Blasie's conversations
with the landlord shortly after the compliance date expired, she thought they had more time
than they did. Mr. Leggett had moved to another location and the matter was closed.
Motion
Mr. DeLiso moved to dismiss Case #05-2215, seconded by Ms. Simshauser and carried 6-0.
Two Georges Issue
Mr. Blasie explained he had a meeting with the Community Redevelopment Agency (CRA)
Director, Lisa Bright, and the owner of Two Georges, Steve Skaggs. There were two Code liens
on the Two Georges and both came into compliance. One was for a walk-in cooler that did not
get permitted and inspected in time, and the other was getting the permanent Certificate of
Occupancy, for which they had to build a parking lot a block or two away. They were not
allowed to seek lien reduction because the Engineering Department had outstanding issues with
their access road, which kept failing. A road was there and it kept sinking inwards. He
understood the CRA was about to purchase the subject property during the first or second week
of February for $4-5M. They were trying to comply as quickly as they could and they were
presently working on the roadway and expected to be completed in the next few days. As soon
as the Engineering Department signs off on the work, they would be in compliance and could
be brought before the Board to consider a lien reduction.
Given the weight of the situation and the timing, they may be able to do a special lien reduction
meeting for that case. There were two other cases that could be heard at the same time. The
public notice time was 48 hours in advance of the meeting, but the Board members would be
told of the date and time earlier. Since not all Board members might be able to attend the
special meeting, Assistant City Attorney Tolces advised the lien applicants would be told the
Board might meet with only four individuals in attendance. When this happened, it required a
super majority, or all four people had to vote unanimously. Some lien applicants did not want
to take that chance and might want to have it another time. The Board wanted to try to have
the regular Code meeting and one lien reduction meeting, even if the lien reduction meeting
had to be held earlier than usual. Mr. Blasie would be letting the Board members know.
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Meeting Minutes
Code Compliance Board Lien Reduction Hearing
Boynton Beach, Florida January 26,2006
VI. Adjournment
Motion
Ms. Carroll moved to adjourn the meeting at 3:11 p.m., seconded by Ms. Simshauser, and
unanimously carried.
Respectfully submitted,
~au~/'
Susan Collins
Recording Secretary
(012706)
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