Minutes 08-23-07(1)
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EXCERPT FROM THE AUGUST 23, 2007 CODE COMPLIANCE LIEN REDUCTION
MEETING
VERBATIM EXCERPT REQUESTED BY COMMISSIONER WEILAND
Case 07-1378
Arthur J. Swanburg
Eric W. Thompson
1989 Campanelli Boulevard
Chair Costantino: Next case page five.
Mr. Blasie: Okay the next case before you is on page five. It's Case number 07-1378,
uh under the City Ordinance we actually have two violators here. Uh, the property
address is 1989 Campanelli Boulevard. Uh, Arthur Swanburg is the owner of the
property and Eric Thompson is the person living at the property that's in violation of our
City ordinance regarding, uh, Sexual Offender residency, and this case came before
you, uh, May 11th of 2007, and the board, I'm sorry was cited May 11, 2007. The board
determined that Mr. Swanburg and Mr. Thompson were in violation of our City
Ordinance and ruled that they comply by August 12, 2007 or be fined $50 per day. Uh,
compliance would be achieved, basically by moving into an area of the City or outside
the City that would exempt them from the City Code. In other words, as you know they
would be more than the required distance away from schools, bus stops, any places
where children congregate etcetera. Uh, we currently have ten days of non-compliance
and the administrative costs below. Uh, I did receive paperwork from Mr. Swanburg
and I believe you have that in your agenda packages. I received a letter from Mr.
Swanburg dated August 12, 2007 that makes reference to uh, an organization called
Records Removal Services. I included that letter in your package as well. Uh, obviously
I'm not an attorney and I didn't stay at a Holiday Inn Express last night, however, Uh, I
believe under Florida Law that there is no opportunity to have this particular record
expunged. Uh, Florida Law, and I have a copy of that and it lists quite a number of
items that are for lack of another turn, term, unexpugnable and uh, I have it here in
front of me. There's a lot of them, however, under Florida Statute, 800.04, Lewd or
Lascivious offenses committed upon or in the presence of a person less than 16 years
of age and to quote the FDLE Website, a request for Certificate of Eligibility for an
expunct, expunction or sealing of a criminal history record will be denied if the
defendant was found guilty or pled guilty or nolo contendere even if the adjudication of
guilt was withheld on any violation of the following and I read one of the following.
And as far as I can tell, the gentleman was convicted of that crime and that's where
we're at today.
Chair Costantino: Your name and record for the, excuse me, your name and address
for the record please.
Mr. Swanburg: Uh my name is Arthur Swanburg and I live at 1989 Campanelli
Boulevard, Boynton Beach. I guess the zip code is 33426.
Mr. Blasie: If you recall this all kind of started with our agency, uh. He was actually
wanted on two different warrants. He was wanted out of Illinois and he was also
wanted here for failing to register and he was picked up on those. And uh, he was
advised of our City Ordinance back on April 12th. And the letter uh, the contact with
this records removal services appears to have been made, July 25th, so my point being
there's a little over three months there, where if they were gonna make some moves
and try to go this route, even if its, if it was a viable route, you know why did we wait
the three months. But, in my estimation based on my research of the FDLE website
and Florida Statute its not a viable route. And I think you can tell from the records
removal services letter that it's the standard form letter they probably shoot out to
everybody that contacts them and they mayor may not follow up later and say, well,
you know, we will pursue it or we won't pursue it. I, I looked them up in the State of
Florida. Evidently they're not a State of Florida registered corporation. They must be
out of state.
Chair Costantino. So-
First Vice Chair Yerzy: They've a 202 area code on their phone which is, I, I believe
Washington, DC.
Mr. Foot: Manhattan. Isn't it, isn't that Manhattan?
First Vice Chair Yerzy: Uh-
Ms. Carroll: 2-1-2.
First Vice Chair Yerzy: I think its Washington. I think it's uh.
Chair Costantino: 2-0-2.
First Vice Chair Yerzy: The District of Columbia.
Mr. Foot: Uh hum.
Ms. Cook: I don't know.
Chair Costantino: 2-0-2. And there's no address.
Mr. Foot: And they provide for some of the alternatives in this that it doesn't really say
that he is eligible for expunging. They, they could be looking for pardoning.
First Vice Chair Yerzy: And there is no seal of the corporation on this uh, on this
document.
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Mr.Thompson: I've a copy with the original seal of the corporation and this uh,
corporation that I'm dealing with was recommended by the NAACP, which uh, um this
corporation I'm dealing with is based in LeYington Kentucky. And I also - -
Chair Costantino: Excuse me, I need your name and address for - -
Mr. Thompson: My name is Eric Thompson, 1989 Campanelli Boulevard. Boynton
Beach.
Chair Costantino: Thank you
Mr. Thompson: 33426. Uh, uh, this has been a an ongoing um situation that I've
been, uh, had to adhere. When I went to Chicago. Uh, I'm a harness racing driver.
And on an application, this is how this all came about. On this application, the crime
was committed in 1996; I served a year. I have a deposition from the, from Palm
Beach County Court and my, my, my sentence where there was, there was no
stipulations on my, on my um, on my release or, or what have you. And uh, to further
um, the FDL uh, registration laws, I have the, the copy here, which I have highlighted if
you would like to see it from the date to where you can review that, as far as um what
Mr. Blasie had said. But I, I was working for the I'm a, a, um, a State licensee when I
went from Florida to Chicago to race and I had to put on my application, which I did
not lie. And for some reason, they, they, they got the information, they dug into my
past, because I felt that I was being profiled because there's not that many African
Americans that race harness racing and, and that have the talent that I have. So, with
so after that, after I, I, my application, they found out that I was living here in Boynton
Beach in 2002. I was released in 1998. The charge was in 1996 which I have a copy
of that when the, the FDL came. This was four years after I was released, which I didn't
have to, which I wasn't told to register or I didn't have to register. So when they, when
they, when they came in and, and I signed. I have that paper which I need for you to
verify, the Statute didn't apply to the original statute that Mr. Blasie um was trying,
trying, to to suggest which was 800.4. I have a copy of where I was living here in
Boynton Beach, in, in West Boca in 2002 when, when they came up. I guess, I guess
when I applied for a job they got it through my license or what have you and they
came and I signed it to where this is four years after the fact that they're telling me to
register. And I can specifically um, um remember when the, when the, the authorities
came, they told me to take care of it. Now on the paper, on the paper which I'm going
to show you, it doesn't even have the statute that I was registered under, which he,
which that was the original statute that Mr. Blasie said - 800. The statute that they got
me on to register, give me two seconds and I'll give you the uh, - -
Mr. Blasie: I'm not sure if we're actually listening to trying the case that he has or -
Mr. Thompson: Well I'm trying to, I'm trying to find out, I'm trying to let you know that
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also in Chicago on the warrants, because it didn't go through, it went through the state
racing and wagering board was how I got processed back into the system of having to
register, which I did in Chicago. I have a copy of the registration form here that where
in Chicago, prior to me coming down here in, coming back to Florida, states that I
didn't have to, as of, as of '01, as of January, January the 30th of 2007, I don't have to
register in the State, in the State of Illinois. I came from Florida, for and they dug it up.
I have that copy of the registration uh, this is the original, the original copy where I
didn't have to register. Then I come back down to Florida after, after being down here,
and I don't know how I got back in the system, how I got back in the system and now
I'm in a situation here where, where, where they're saying, that I have to register. The
warrant was, was when they, when they, when they arrested me, I stayed three days in
jail at the, at the, um when I was released. When I was released it was, it was um,
they were talking about extraditing. The sheriff said that they didn't want to extradite
me because they didn't have anything on me. I didn't have to register in the first place.
I got caught back up in the system. Now with the record removal service, which I
have, I was in contact with them yesterday letting them know that I had to be in, had
to come to a City Code uh, Compliance hearing. They, I have all the proper information
to where this case was closed back in 1998, a deposition from the Palm Beach County
Court. In 1998 if you'd like to see that as well. I have and my, my, my arrest records,
which, which is getting forwarded to the removal service to put this behind me to
where I don't have to worry about, where, um, I don't have to worry about registering.
I have a 13 year old child that I'm in a good situation. His daughter is my girlfriend to
where I'm taking care of both homes and him as well, as well as her. To where I'm in a
situation to where its, its ridiculous. I had five lawyers that, that all they did was take
my money. Now I have the service that was recommended by the NAACP to restore
my civil rights so I can live and have a productive life like when the, when I, when I ,
when I decided to take the year. The Judge, Marvin Mouse, who is deceased, that's
how far I go back. And I have every piece of literature on this case to where, where,
where it, where, where with my original sentence paper, it doesn't, there's nowhere it
tells you that you have to register and on 'Chat piece of paper that I have here where I
was living. I'm not on probation where they checked it off and the police officer back in
2002 when I got out in '98 when I was arrested in '96, and further more I have the
Florida registration right here. The whole law to where, where, where I, when I was
here, the last time, which it is in the records. Where, where because we requested the
transcripts of the record to when in 1998, it says before October 1, 1998 and who have
been, been lawfully released from confinement, supervision or sanction which is
unrelated in ten years have not been arrested for a felony or misdemeanor offense
since the release, may petition the Criminal Division of the Circuit Court in which he
resides for the purpose of removing the sexual predator designation. And that's right
here in the Florida Bulletin. I had to take it upon myself to take care of myself as far as
um, having lawyers that all they want to do is take my money. And finally, that the
NAACP referred us to this referral service and they have a good track record. And all
they're, all they're asking for is the, the proper information to go back into my past, to
show and I have all those proper information to go back into my past to show and I
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have all those proper, proper papers to where they're going to be sent to um, to this
location that's based in Kentucky.
Chair Costantino: Okay. Scott you said you had a copy of that statute that says that
the State does not expunge. May, can I just have a gander at it please?
Mr. Foot: Can we ask counsel for help on this?
Chair Costantino: Yeah. That too.
Attorney Alexander: I was trying to find the Statute on my blackberry at the same time
because I'm not um -
Mr. Blasie: I don't have the Statute. I have the pages I printed out today from FDLE's
Website. And it starts out with a paragraph that I read to you saying that the following
are not eligible for expungement of records. And then they go through the, the crimes
that aren't eligible and I've put the star next to the one and they reference the Florida
Statute there. So I guess my only thing, my only question to him number one, was he
convicted? If he was, according to FDLE, he's not going to get his record expunged.
Number two -
Mr. Swanburg: May I add that this -
Chair Costantino: Excuse me.
Mr. Blasie: Number two, we're not here to debate whether or not he has the right to
expunge his record. We're here --
Chair Costantino: Exactly.
Mr. Blasie: He's already been found in violation of our City Code and he's got to comply
or you know, you know the other options.
First Vice Chair Yerzy: Face the consequences.
Mr. Blasie: Yeah, I mean that's, the issue here is our City Code. Whether or not he gets
his record expunged or not that's between him and his attorney and NAACP and
whatever. But I will pass this forward.
Chair Costantino: Okay. Jamila?
Attorney Alexander: Well. If I may.
Mr. Thompson: I have the bulletin as well.
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Attorney Alexander: Um, well we're here for the certification of a lien that previously
the board did find that the um persons before us are in violation of the City Code. 50 if
the, um the violation has not been corrected, if he is still in violation, then we're here to
either certify the lien or one of your options is to either certify or table it. It's not to
retry the facts of the matter at this time. It's to certify or table.
Ms. Carroll: Chair. And I think where we're hearing the discrepancy is, is we're saying
that according to our records what we're being presented with from our Police
Department and, and our authorities, they're saying that he is in fact part of this
system. And what this gentlemen is saying that because he was released before a
certain date, he was somehow put into this mistakenly and that's what he's trying to
correct. But again, what we have to go back to, our systems are telling us that he is
party to these regulations. He's saying he's exempt from these regulations because he
was released before the October 1, 1998 date.
Mr. Blasie: There's no exemption in our Code.
Ms. Carroll: But that's right, that's something he has to fight with the NWC, and this
company.
Mr. Foot: Is he talking about some term other than expunge?
Ms. Carroll: I think so. I think, I think it would not be expunged.
Mr. Foot: Your talking expunge, Sott.
Ms. Carroll: I think he's not saying expunged. I think he's saying that is not, he should
not be party to this law.
Mr. Foot: How longer?
Ms. Carroll: Because of having to -
First Vice Chair Yerzy: Needing to register.
Ms. Carroll: Register as a sexual offender because of having to register because it was
before a certain date, but again that's something that he has to take up with the
powers that be. We can't change that.
Mr. Thompson: I, I understand.
First Vice Chair Yerzy: I think that's something the court -
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Ms. Carroll: See what I'm saying?
Mr. Thompson: But my question to you is when we were presented in front of the
board because it's a, it's a situation where I have no choice but try to defend myself
anyway that I can because I have a family just like, just like everybody else and I'm
trying, I'm trying to adhere to all of the rules. I paid my debt to society. I made a
mistake and now I want to move forward. I have the proper information that is
necessary when we, when and I quote, that's why we recommended the meetings
because I do remember what people say and, and, and remembered distinctively that
you said, how long of the matter Mr. Foot, and I do recall, how long will the matter
take, take? And, and I said I didn't really know and I was just introduced to a new
organization. And then you sa~d, you said ninety days and then, then you, the board
came to agreement of 45 days, not knowing because we waited two weeks to get the,
get the, the, the dialogue that, that, that you put on us as far as the lien was
concerned. So then I rushed diligently to be able to try to get this matter in gear to
where I could try to protect myself.
Chair Costantino: Okay. I have a question. Besides doing all that you've done to try to
get yourself exonerated from the previous issue, have you used any of the time that we
gave you to find alternative housing?
Mr. Thompson: Anywhere to where if I, if I go anywhere because of the Codes that
the, that the Counties have, I wasn't aware of any of the Codes so now that Boynton
Beach has a code, everybody else has a code so it's very, very difficult
Chair Costantino: Well we didn't start the -
Mr. Thompson: I understand that but I vI/as, I was living here in Boynton Beach in
2004 before this new law came into effect I'm a unique case and I'll be perfectly, you
know stand here and tell you it's a unique, unique case because when you, you cited a
case back in 2005 when it came in, uh, I can't remember the first, the first um, uh
letter that was sent to us by Mr. Blasie, uh, cited a case in 2005 to where, where my
case isn't is in no where near that, so if I had to contest a case because of a, a, a, a, an
ordinance that was passed when I was living here back in 2002, which I, which I have.
It's from the, from the Florida State which it doesn't even have my violation on there,
the, the, the statute, which I highlighted which Mr., Mr. Blasie was correct when he
said that was the original statute. So I got re-put back into the system on a different,
on a different Statute four years after the fact, when I have a deposition from the court
that the case was closed, served a year, and I have my sentence paper that notes on
the sentence paper where it says no stipulations, so I'm caught up in the system to
where now I come and reside because of uh, because of my talents to where when I
was in Chicago they opened up a new can of worms to where now I'm back here.
Chair Costantino: No. Again, we're not here to rehear your case. The board has already
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determined that there is a violation and our job now is to determine whether, how
we're going to move on, on this case whether to certify the fine or -
Mr. Thompson: I reckon, my belief is that the reason why we sent this letter is because
when Mr. Foot said did you need 90 days and the when you came down to 45 days, I
didn't really know how long it, that, that it was how long it was going to take to, to
resolve this matter.
Chair Costantino: Well see the issue that you're trying to resolve really has no affect at
this time on your case because it's already been determined that you're in violation.
Our job right -
Mr. Swanburg: May I say something?
Chair Costantino: Yes.
Mr. 5wanburg: I don't understand this. I was, I bought my house in 2003 and nothing
was said to me on who I can put in my house or anything. I don't understand how this
law that was passed three years after I bought my house affects me on an, an
ownership situation that I had before the law was even thought of.
Chair Costantino: Well-
Mr. Swanburg: You've got me in a bind.
Chair Costantino: This law, -
Mr. Swanburg: Because I live -
Chair Costantino: This law was well advertised on the news and in -
Mr. Swanburg: It was?
Chair Costantino: And in the paper. Oh yes it was. Each, I mean as the County and
each, each municipality um added this to their.
Mr. Swanburg: I, I even wonder if this law was constitutional.
Chair Costantino: Well, that's something.
Mr. Foot: Madam Chair.
Ms. Carroll: We should not be arguing that.
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Chair Costantino: Well this is not the forum for that.
Mr. 5wanburg: Well, if Mr. Blasie can make comments against an outfit that is, that is
based on constitutional law, which is a very selective thing -
Chair Costantino: But we're not here to determine whether or not this young man is
guilty or not guilty or what his past is, it's determined that he has, is a, has been uh,
determined that he is a sexual predator and he now resides within the City limits.
Mr. Thompson: All I'm asking, all I'm asking is because I'm not going to just go over
the, your rules and your regulations, because I have much to respect. I told them
honestly, I told the board members honestly I didn't know how long it was going to
take to be able to resolve this matter because it is a hinderance in my life. So now I've
got, I've got a service that, that, that I have all the proper information to go ahead to
where its you're not going to allow me to, where I have to register as a sex offender so
I can live in a community.
Chair Costantino: Yes, but until that happens you still have to register.
Mr. Thompson: I, I, I understand that and I am registered
Chair Costantino: Okay.
Mr. Thompson: But my question to you is -
Chair Costantino: And according to our rules here in the City, our Statutes, you need to
be residing within a certain area that does not put you where children congregate. It's
it's a very unfortunate thing. But this is how the City's fathers and mothers whoever
they are, determined how they want this City to operate and it's our job to follow and
follow their, um, directions. We have to follow the law and unfortunately you're caught
into a system that right now is in, in the hamster wheel.
Mr. Foot: Madam.
Mr. Thompson: So with all due respect to the, to the service to what I'm, what I'm
asking is when Mr. Foot said 90 days I'm looking, they said between three -
Chair Costantino: But again I asked you during that 45 days that you had, did you
attempt at all to -
Mr. Thompson: Yes I did and I, and I found several places to where that, that it was
comparible which is, is his daughter which is my girlfriend in Boca to where their, their,
their court orders aren't acceptable that's why I'm, I'm, I'm working diligently with a
service to get this thing removed which is, and I'm asking if they're saying three, three
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to six months. Mr. Foot said 90 days and then you guys came to the determination of
45 days to try to get, to try to get it resolved.
Chair Costantino: Well Mr. Foot is just one -
Mr. Thompson: I understand that, I understand that.
Chair Costantino: One voice on this board. And the vote was uh that we to go ahead
and move this on and at this time I'm going to call for a vote, or a motion.
Mr. Foot: Madam Chair, please, first?
Chair Costantino: Mr. Foot.
Mr. Foot: Uh, he referred to something where there was a change in the State. Now
you referred to the census bureau, are we talking about a census bureau and a
determination of ten years. I want to be sure you're not going down a street where
there's no hope and we don't want to think that we overlooked something. What, what
was the 10 year period for?
Mr. Thompson: It's a, a not, um successfully registering for 10 years without having a
felony to where you have the right to petition the Court of Florida. And that's what, the
service, that's what the service is doing.
Mr. Foot: To petition to what?
Mr. Thompson: To release, to release me from having, to having to register.
Mr. Foot: To expunge the record. Is that what you're talking about?
Ms. Carroll: No, to release him from being, having to register as a sexual offender.
First Vice Chair Yerzy: Oh, okay.
Ms. Carroll: He's not looking to expunge he's looking to be released.
Mr. Thompson: You can't -
First Vice Chair Yerzy: Okay.
Mr. Thompson: You can't and that's where, that's where the difference was, that.
Ms. Carroll: That's the difference.
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Mr. Thompson: That's where the difference was that Mr. Blasie and, and I have all the
evidence to where I know I'm going to be cleared finally, but it's, it's taking additional
time which it came before the board had already made their decision. That's what,
that's all I'm saying, I'm taking anything from the boards decision was as far as my
case was concerned. Like I said, my case is a unique case and its, and, and, there are
loopholes to where I have to go around to, to, to file, to file to, to allow the time to, to
be able to clear myself up. That's all I'm asking for. I just want to have a productive
life with my son, continue to take care of Mr. Swanburg and his daughter and, and his
real estate and be done with it. I don't want to have to worry about, about um
anything else. And as far as the stipulation on the, it's, I believe its 1,700 feet from
where he lives in a retirement community. And 1,700 feet to where it's on an open
road, where its on 23, Avenue. It doesn't say even the, the, the, the, the um, um, um
the transit companies have signs to where it says bus stop, but there's no bus stop
outside on an open road on 23rd to designated where, where, where it's a school bus
stop and that's the only.
Chair Costantino: School bus stops are not designated.
Mr. Thompson: I understand that now, but I didn't understand that when, when we
were looking to find out where how many feet that where I'm gonna be away from
something and that, that was the bottom line as far as that was concerned. I'm just
looking to, to, to take the time to get this behind me which I know that I'm going to.
Chair Costantino: Well-
Mr. Foot: Madam Chair?
Chair Costantino: Yes, Mr. Foot?
Mr. Foot: Can we ask, uh, either Mr. Blasie or counsel about his reference to release
from the requirements for registration after 10 years. Is there a possibility that, that
can happen? From your understandings of the law?
Mr. Blasie: I can, I can't answer that.
Attorney Alexander: I'm sorry, I i"eally would have to research it and get back with the
board on that, That was - -
Mr. Thompson: I have the Florida Statute right here. It's a whole booklet on the State
of Florida to you know, to reserve, to reserve my rights if you'd like to see it and I have
it highlighted.
Mr. Foot: That was the basis on which we gave him time to work. Uh, aside from
finding an alternative housing situation. I think, uh, should table this again. Um for a
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restricted period, uh, 45 days, whatever. I would like to see him follow through on the
opportunity that he seems to have to get a release from that requirement. He is
satisfied his ten years uh.
Mr. Blasie: He's not gonna get his convictiun overturned though.
Mr. Foot: No. I'm not, I'm not saying that. He's saying that there is a provision in the
law that he can be released from the requirement of registration. Now is the term
registration or conviction. What is the basis for our - -
First Vice Chair Yerzy: I think its registration.
Mr. Foot: Well then to me I think he's got some hope.
Chair Costantino: Okay, but we're one simple question. Were you required to register
as of the date of violation which is, Scott, what is the date of violation? The -
Mr. Blasie: 5-11-07.
Chair Costantino: Were you required, at that time, required to register with the Police
Department?
First Vice Chair Yerzy: As a sexual offender7
Mr. Thompson: On 5-11?
Chair Costantino: Yes.
Mr. Thompson: Uh, I don't even remember when I came down here. All I know is
that, that, that when I left Illinois.
Chair Costantino: When did you leave Illinois?
Mr. Thompson: Before, just, just, just, just before January of, of, of, 2000. The month
before January 2000 that I didn't have to register, and this is a, this is a complete form
where it says -
Chair Costantino: You didn't have to register in Illinois or any -
Mr. Thompson: In Illinois.
Chair Costantino: Okay but that's Illinois law. That's not Florida Law.
Mr. Thompson: I understand that. I'm trying to explain that the Florida Law allows me
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10 years to petition okay, allows me 10 years to file a petition which I did with the
service because I went through five lawyers they don't, they don't - -
Chair Costantino: Okay but you just filed it. As of the date of the violation 5-11-07 you
were required, you were required - -
Mr. Thompson: Because when I came down here -
Chair Costantino: Let me finish. Please. You were required to register yes or no?
Mr. Thompson: When I left Illinois -
Chair Costantino: No. I don't want to hear what happened in Illinois. I want to know,
I want the answer to my question.
Mr. Thompson: I wasn't under the assumption that I had to register all, all through this
from the time - -
Chair Costantino: But don't you think it's your responsibility as a sexual offender that
you need to be aware of the laws of the State in which you're going to reside?
Mr. Thompson: I understand that -
Chair Costantino: Okay.
Mr Thompson: But this didn't, this didn't occur, this didn't occur until four years.
Chair Costantino: I'm not here to argue with you.
Mr. Thompson: But this isn't, this didn't occur until four years after I was released in
1998.
Chair Costantino: In Illinois.
Mr. Thomspon: No. The crime was here in Florida. It went, when I went to Illinois,
they opened up a can of worms.
Chair Costantino: Do you have a release from the State of Florida?
Mr. Thompson: Pardon me?
Chair Costantino: Do you have a release from the State of Florida?
Mr. Thompson: I'm getting a release from the State of Florida right now.
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Chair Costantino: But you don't have it.
Ms. Carroll: When, when you were released from the State of, when you were released
from jail.
Mr. Thompson: Yeah. I have, I have with no stipulations.
Ms. Carroll: What he's saying is that when he was released from jail he was at that
time, he was not required to file as a sexual predator. It was four years later, after he
was released that that law came into effect.
Mr. Thompson: They made it retroactive.
Ms. Carroll: He had documentation saying that when he was released that he was not
required to file, that there were no restrictions on him whatsoever in the State of
Florida. That's the one paper he's holding in his hand now.
Mr. Thompson: This is.
Chair Costantino: Okay.
Mr. Thompson: This is my sentence.
Chair Costantino: But laws change and things happen.
Ms. Carroll: And the thing that he has to get straightened out with these people is that
based on that fact, when he was released, he was not required to file, this law didn't
come into effect until four years after the fact, that's what he needs to get straightened
out
Mr. Thompson: And that's what we're getting straightened out.
Ms. Carroll: Right. Not that he's going to get it expunged.
Chair Costantino: Right.
Ms. Carroll: The question is whether or not he's supposed to be registered. But again,
like you're saying, as of this time, he is required to be registered.
Chair Costantino: So they are in violation of the law. So we need to either set the
certification or table it and I don't see a need to table something when he's, when he's
already in violation.
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Mr. Blasie: Remember that you had a case with a person that actually purchased a
home a block away. And - -
Chair Costantino: That's correct, and we made them move.
Mr. Blasie: And they had to, they were gonna try to get the record expunged.
Chair Costantino: Right, so this is not the first time.
Mr. Foot: The difference between tabling this at this point and certifying the fine would
be that if he succeeds in uh, getting a release from the requirement for registration
came back and said can I have a reduction in my fine and we were sympathetic and
said yes, it appears that you were late in doing what you did but you, you did get
provision for your staying here. Uh, we would have accrued a fine, which in the
meantime we could reduce. We couldn't reduce the $250 filing fee that we would put
into play at this point, were the $200 fee were to come back before us. Um, I feel, if I
were in his shoes I would continue to live where he is even though the fine was
accruing. It's the kind of fine that's gonna accrue either way, whether we table it or
whether we certify it. If he continues to live there, uh, that the fine continues to
accrue, that's the big, the big number. Um, I would say given the benefit of the, the,
the efforts he's making, give him another 60 days, 90 days. Um-
Ms. Cook: Mr. Foot, I'm sorry, but for the first time in a long time I have to adamantly
reject everything you just said. I know it's your opinion but I'm gonna have an opinion
that is almost opposite of that. This regulation is to protect the people of our city. This
regulation is not up to me, its not up to you its not up to anyone in this room to
determine whether or not that man should stay in his property or if anyone should stay
in their property. The Ordinance says he should not live in that home. And how you
could ask him or tell him or even suggest that he should stay in that home and just let
the fines run.
Mr. Foot: If he were your son, what would you say to do?
Ms. Cook: I, unfortunately I would have to say the very same thing I'm going to say
right now. This Ordinance, whenever it went into effect, was to protect and the other
citizens. I'm sorry that it's against him right now. I am. I understand things happened
in your life and you've made a mistake and you're trying to correct it. But the law is
what it is right now. It is best that you move. That you take residence somewhere else
that will allow you to live there until this is corrected and then you're going to come
back. But to tell a person its okay to stay there and just get fined.
Mr. Foot: I didn't say that. I didn't say that.
Ms. Cook: Oh, I must have misunderstood.
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Mr. Foot: I said if I were in your shoes, I expect you would stay where you are.
Ms. Cook: Well. Alright. I --
Mr. Foot: I didn't say I recommend you stay where you are.
(Inaudible)
Chair Costantino: Alright.
Mr. Foot: No I didn't do that.
Ms. Cook: I (inaudible,) telling him to stay. I just can't believe that we would.
Chair Costantino: I'm, I'm ready to entertain a motion.
Mr. Foot: Madam Chair, I move that we table this for 90 days till the meeting in
November.
Chair: Is there a second? Motion dies for lack of a second.
Ms. Cook: Chair.
Second Vice Chair Simshauser: Madam Chair I'll make a, - Oh you want to make it?
Ms. Cook: Go ahead.
Second Vice Chair Simshauser: Um.
Chair Costantino: Lisa.
Second Vice Chair Simshauser: I'm gonna do number seven. Based on the testimony
and evidence presented in Case number 07-1378, I move that this board find that
Respondents Arthur Swanburg, Eric W. Thompson were in violation of the City of
Boynton Beach Code Sections as cited subsequent to the date of compliance cited in
this Board Order of 6-28-07. And in consideration of the gravity of the violations, the
actions taken by the Respondent to remedy the violations and previous violations of the
Respondents, that this board impose and certify a fine in the amount of $50 a day plus
administrative costs uh, to continue running for as long as he's in non, non-compliance.
Right?
Ms. Cook: Second.
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Mr. Foot: Is that number seven you've been reading?
Ms. Carroll: Number seven.
Second Vice Chair Simshauser: Number seven.
Mr. Foot: I think five is appropriate because he hasn't corrected the situation.
Second Vice Chair Simshauser: Correct. That's why I said the fine should continue
running until he's in compliance.
Ms. Cook: I think it's the same wording Mr. Foot.
Mr. Foot: It may be they are the same if you make that adjustment.
Ms. Cook: Number five is actually a certification but prior to correction.
Mr. Foot: But continues to accrue is the term used in number five.
Chair Costantino: She made - -
Ms. Cook: She made that correction. I seconded it.
Second Vice Chair Simshauser: I'm certifying the fine.
Chair Costantino: Okay. All in favor.
Mr. Moyer, First Vice Chair Yerzy, Ms. Carroll, Ms. Cook, Second Vice Chair Simshauser,
Chair Costantino: Aye.
Chair Costantino: All opposed.
Mr. Foot: No.
Chair Costantino: Motion carries, three, four, five, six to one. We've certified the fine.
Mr. Thompson: What's that mean for us?
Chair Costantino: Well that means we'll be putting a lien against the property and the
fine is still running until you leave the premises and let Scott's office know that you no
longer live there, than the fine stops and um we have to go into a lien reduction
situation at that time.
Mr. Thompson: So - -
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Ms. Carroll: At some point when you get this straightened out if you get this reversed
and you in fact prove what you say you can prove, you can then come before us and
ask us to reduce the fine.
Second Vice Chair Simshauser: Right.
Ms. Carroll: Okay.
Ms. Cook: No, if he moves before then, he can still come, whether or not he corrects
the situation anyway because once he's, once you're in compliance with the order, then
you can come tomorrow, if you should decide that you do find housing elsewhere until
this is straightened out, then you can come back immediately and, and call Scott's
office and - -
Chair Costantino: Not immediately. You've got to -
Mr. Blasie: Actually, whatever they do, it has to come through FDLE back to BBPD.
Ms. Cook: But I mean it stops. It will stop it though. It's not like he has to wait until
all of the rest of his things that he needs to do maybe to, to make this forever changed.
Mr. Swanburg: I have a question.
Ms. Cook: You can stop this as soon as you move and notify FDLE.
Mr. Blasie: Correct.
Ms. Cook: Right.
Chair Costantino: Right. Yes,
Mr. Swanburg: I don't get very much communication from Mr. Blasie. And his
communications are way, way late. I would appreciate if, if I'm gonna be notified on
this stuff that I get something the next day, or two days or three days after that please.
Mr. Blasie: I beg to differ. Every time he's called, I've immediately returned his phone
call. All our letters go out the same as they do for everybody else. Uh, I don't know
he's -
Chair Costantino: I know I'm sitting here in and amongst -
Mr. Swanburg: May I reply, respond to this.
18
Mr. Blasie: I have returned his calls and reiterated everything to somebody else in my
office has told them.
Mr. Swanaburg: I have an answering machine and I have no records of ever getting a
call from Mr. Blasie on my answering machine.
Mr. Blasie: I talk to you directly, sir.
Mr. Foot: Madam Chair.
Mr. Swanburg: After I call you, sir.
Chair Alright. Thank you.
Mr. Foot: May I refer you to the Chief of Police. He is the one responsible for Scott's
work. We are not responsible for Scott's work. This is not our place.
Chair Costantino: Well, the, our minutes, our minutes get - -
Ms. Carroll: Forwarded.
Chair Costantino; Copied to - -
Foot: Yeah, but if he's got a complaint its not up to us that he makes a complaint
about administrative functions.
Chair Costantino: Yeah, well he can complain. He can complain, he can complain to
the City Manage,rs office just like any - -
Mr. Foot: Yes, indeed the Chief of Police or the City Manager.
First Vice Chair Yerzy: The Police or the City Manager.
Mr. Blasie: Mr. Foot's correct. If he wants -
Mr. Thompson: That's inaudible to resolve this matter. Come back in front of the
board. Come back in front of the board.
Chair Costantino: Exactly.
Mr. Thompson: I'm going to work as quickly and swiftly to come back and see you as
as soon as possible to get this matter -
Chair Costantino: Thank you.
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First Vice Chair Yerzy: We wish you the very best of luck.
Mr. Thompson: Thank you very much.
Ms. Cook: Thank you.
Mr. Blasie: And Mr. Foot is correct. If he wants to complain about my lack of
performance he can do it through Chief Immler and I can assure you I have witnesses
to my phone calls to Mr. Swanburg.
Mr. Swanburg: Uh, I'll show you my recent letter here. It isn't even signed.
Chair Costantino: Please.
Ms. Cook: Okay.
(End transcription of this item)
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Catherine Che ry-Guberman
Recording Secretary
(Transcribed from one recording)
8/29/07
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