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Minutes 08-23-07 MINUTES OF THE CODE COMPLIANCE LIEN REDUCTION BOARD MEETING HELD ON DAY, AUGUST 23, 2007, 3:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Lisa Simshauser, 2nd Vice Chair Kathleen Carroll Kathy Cook Robert Foot George Moyer Scott Blasie, Code Compliance Administrator Jamila Alexander, Assistant City Attorney I. Call to Order Chair Costantino called the meeting to order at 3:00 p.m. II. Approval of Agenda Code Compliance Administrator Blasie explained they would be hearing lien reductions and fine certifications tabled from the regular meeting. Additionally, there were two new lien penalty certifications and a reconsideration of a board order. The board agreed to hear the cases in the order they appeared on the agenda. III. Swearing in of Witnesses and Introduction Jamila Alexander, Assistant City Attorney, administered the oath to all who would be testifying. Mr. Blasie explained the appeal procedures. IV. New Business A. Lien Reductions (The following verbatim excerpt was requested by a Commissioner) Case #98-1986 Dominic J. &. Vivian A. Micheli 115 W. Ocean Dr. Mr. Blasie: The first lien reduction on your agenda today is on page one. It's Case 98- 1986. The property address is 115 West Ocean Drive. The property owner of records are Dominic J and Vivian A. Micheli, I hope I spelled that, or pronounced that right. This case was originated on May 15, 1998 for violations of our Community Appearance 1 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 Code, uh removing a propane tank, uh. trash and debris from the swale area, overgrown yard and parts of the yard and swale also required sod. On August 19, 1998, Mark Micheli appeared. I believe he is the son and you have those minutes in your agenda package. And I believe the son uh, pled no contest and asked for sixty days. Uh the board granted him those sixty days and the compliance date was October 19, 1998 or be fined $25 per day. We've documented compliance as of July 24, 2007 which is 3,199 days of non-compliance at $25 a day, plus the City's administrative cost. I do have photos to submit to the board. I have a photograph that was taken on August 19, 1998. One that was taken October 20, 1998 and one that was taken November 10, 1998. Those are basically the before pictures. And I have a photograph that I took yesterday at 9:34 a.m. Um, the Michelis did contact our office last February. That would be February '06 and I went out and did an inspection and there were a number of items that needed to be completed and I'll run down those items real briefly. Uh, they had an open waste line that needed to be repaired, they had a washing machine that wasn't properly drained. Uh they had exterior doors that needed to be fixed. They had to clean up trash and debris, replace a torn screen and get permits and inspections for a new front door. Uh they did ultimately get the permit for the new front door. And I thought I had a record of that here but it escapes me at the moment, but I'll show them, Michelis the pictures then I'll leave it back to the board. Chair Costantino: Your name and address for the record please. Mr. Micheli: 115 West Ocean Drive. Boynton. First Vice Chair Yerzy: Your name sir? Mr. Micheli: Mark Micheli. Mr. Blasie: These are the picture I mentioned earlier. Chair Costantino: Mr. Micheli, what is your relationship to the property? Mr. Micheli: It's my, my dad's house, ma'am. Chair Costantino: And- Mr. Micheli: And I've just - Chair Costantino: Are they aware, your dad, is he aware that you are here speaking on this. Mr. Micheli: Yes. 2 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 Chair Costantino: His behalf. Mr. Micheli: He's away, he's away right now. It's and um, he wasn't aware of all this and I should have taken better care of it back then but I just - I, when they told me to clean the place up I did what I could do and I didn't have the money but I did everything except put the sod in the front swale, but I did everything else. Everything else is cleaned up. That's really baSically all I didn't do was put the sod out there. But other than that I've been working at this for quite a while. Chair Costantino: Very nice. Mr. Blasie: The uh, door replacement I mentioned they obtained a permit for that January 20th of' 07. I knew I had it here, I just didn't have it pulled. Mr. Moyer: Did you realize that there was a, uh fine being imposed? Mr. Micheli: No, I did, I did ask for the 60 day extension. And I, but I didn't just have the money to do the sod, but I cleaned everything else up. I didn't think they were going to fine me for the sod in the swale. But obviously, I found out that they did so. Chair Costantino: When did, when did you find all of this out, that this was, this fine was going on and that there was now a lien on the property. Mr. Micheli: I spoke with an inspector out there one day doing a, - they dug up the front yard out there where the swale is, they dug that up and they made like a little v shaped thing for drainage and I asked him. He told me that I had a lien against the house. But there was another inspector too that told me there was a lien against the house and I tried to have them check it twice but every time that someone would come they'd have me fix something else. I'd fix it and then I wouldn't get back to them to come and check it and this just kept going and going. It has just been a tough time getting all this stuff done. Chair Costantino: What kind of lien reduction are you looking for? Mr. Micheli: Whatever I can ma'am, I mean I don't have any more, or have a lot of money that's for sure. Mr. Foot: Madam Chair, can I ask, uh, when did you finally put in the sod? Mr. Micheli: I, I never did put the sod down, sir. They came and dug it up. They came back a couple, few years later. I put seed down there and raked it up there, fertilized 3 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 it, but he told me, so I got it looking green, but then they came and tore it up a few years later. But the - - Mr. Blasie: The City did a swale project on that, in that neighborhood. Mr. Foot: The swale, the front grass, the lawn itself, was that just by your seeding it and - - Mr. Micheli: Out there now? Chair Costantino: Yeah. Mr. Micheli: Well no. I had it, I had it looking real pretty. I had it looking real pretty out there. I put seed and fertilized. I got the grass going, so I didn't need the sod and it looked real nice. But then after that they just came and dug it up. That's, that the grass that they put it in when they dug it up. Mr. Foot: When did you finish the seeding and, and uh? Mr. Micheli: That was done right, right after all, I came down here and, and they said they'd put sod down there, but I got the grass growing with the seed and the fertilizer, but I never came to have any body come and inspect it. Mr. Blasie: Yeah, I think what the board members asking I, knowing Mr. Foot and his questions in previous board meetings, he's looking for a compliance date. I believe we came up with a compliance date based on getting ready for this lien reduction and you inquiring and my going out and doing the inspection. So I think what he's looking for is when did the City complete the swale, to your knowledge, because that was probably the only remaining issue that I can tell from the file and the pictures. Mr. Micheli: It was looking - -Yeah, it was looking, it was looking good way before they dug it up but they only did that about three years ago. Four years ago they dug it up. Mr. Blasie: I don't know. I don't. It's been a while - Mr. Micheli: Yeah, I'd say four years. They dug it up from now. I had it looking green, it was looking nice. Mr. Foot: Including the swale, you had that looking green? Mr. Micheli: My swale, where I, yeah I - 4 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23,2007 Mr. Foot: Before they tore it up. Mr. Micheli: Before they tore it up, yes sir. And I just never came and had anybody come to inspect it. Mr. Cook: Madam Chair, may I ask a question? Chair Costantino: Sure. Ms. Cook: Mark, do you live at the house? Mr. Micheli: Yes, ma'am. Ms. Cook: Okay. Your parents live there too? Mr. Micheli: No, ma'am. Ms. Cook: No, no they just don't and you live there. So you're to maintain it. Mr. Micheli: Yes, ma'am. Ms. Cook: Okay Mr. Micheli: And my dad was pretty upset when he found out all this was going on too. Ms. Cook: You know how parents are. Discussion? Chair Costantino: Yes, go ahead. Ms. Cook: Uh, I think the property is looking very nice. I think that there was some miscommunication. Um, it seems like that maybe he, uh, had this taken care of long before the three thousand days. I hate to see a lien of $80,000 because of a miscommunication of a swale. Uh, I would be looking at, you know, a maximum of, of a $1,000 with all the inspections and everything that's been outstanding. Uh, mainly because he didn't take care of it, he did have some neighbors that, you know, probably had lost some value based on that looking like it did at the time and it wasn't taken care of when it should have, but I don't think the City should, uh, dwell on $80K .I just think it was a miscommunication and he's not gonna let that happen again. First Vice Chair Yerzy: Madame Chair Lady? Chair Costantino: Mr. Yerzy. 5 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 First Vice Chair Yerzy: According to my figures here, if uh, that swale problem had been taken care of, for example, four years ago, uh, at $25 a day, that would knock off $36,500 from this uh $80K lien. Just for general information. Chair Costantino: Which would bring a total to, do you have that number? First Vice Chair Yerzy: No I don't, but I'll give it to you in a second. Chair Costantino: Okay. Mr. Foot: I went the opposite direction, I came out to about 36-6. First Vice Chair Yerzy: 43-475. Chair Costantino: Still uh, quite a chunk - First Vice Chair Yerzy: Still a chunk. Chair Costantino: - of change there just for not wanting to be able to put sod in your yard or -- Mr. Micheli: Ma'am, I just - Ms. Carroll: Madam Chair, if I may? Chair Costantino: Yes, Ms. Carroll. Ms. Carroll: I, I hear the gentlemen saying that long before the four years, he had it looking good with just seed and it was four years ago the City came and dug up the seed that he already had growing and reput the sod. So I agree with Kathy, I think that there were a series of miscommunications here. That every time the City guys came out, they saw something else, something else still had to be done that wasn't part of this original citation. And that the thing that the City was hung up on, the only thing that hadn't been completed in the beginning in the 60 days was the swale which he did say he had the seed growing there. Now a couple of years after that, the City came and dug it up again and then put sod down. So I, I think that um, going back four years is a, you know, an injustice. I have a feeling that it was done a lot before then but then other things came up like the door, and the washing machine we heard about and another pipe. Mr. Blasie: Well that just kept him from qualifying for lien reduction. It- 6 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 Ms. Carroll: Right, right. Ms. Cook: That was the other question I had. Mr. Blasie: It, that - Ms. Carroll: That's what I'm saying. It's been this series of, a series of other things that kept stopping him from coming in sooner to reduce this fine. Ms. Cook: I had one other question, Madam Chair. Chair Costantino: Go ahead. Ms. Cook: Um, as you started to say there were some other items but that wasn't based on a, a actual complaint or it wasn't uh, the gentleman, uh, hasn't had a lot of violations. It just happened to be that the things that you needed him to fix were because you went out there last February, but its not like this gentleman has been in front of the board every year for the last seven or eight years that I've been here. I don't recognize him. Mr. Blasie: No, he was looking to do the lien reduction last February. And when I went out there was a washing machine draining out into the back yard and there was the, the clean out, the cap was broken off and they had the open line there. And the other things and then the permit for the door and of course the permit for the door, he eventually got July of this year. I don't know the circumstances behind the, the timeframe there on what took so long to get the permit for the door, but. And you know, obviously it's an old case. Our last inspection was November 10th of '98 and it appears that uh, according to Officer Lewis, he still needed sod in the yard and swale and the trash and the debris still existed but the mowing and propane tank was removed, so he had done some of it by November of '98. Mr. Foot: Madame Chair I, I am certainly not looking for the full fine, but I think $1000 is a little bit on the thin side. That's barely exceeding our administrative costs - lien filing costs are $600. That's only $400 on top of that for uh, the delay of years. We're talking about what originated in '98 going until Oct. 3, if we take four years off the current date, to me we should be looking at something more meaningful. The neighborhood doesn't deserve to have this kind of mess in their neighborhood and, and then being tolerated by us to pay only a fine of, in a sense $400. Uh, I think we should be talking more in the range of $2,000 and up and that is very shy on my side. Second Vice Chair Simshauser: Madam Chair, may I ask a question? 7 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 Chair Costantino: Sure. Second Vice Chair Simshauser: When this was originally cite, and you guys went back you didn't recite it so, it, it, obviously somewhere in there was fixed and okay. Um, I agree with Kathy, I think that uh, inspections and administrative costs which is about $1200 would be fair. Ms. Cook: Well then make a motion we'll see if - -what flies. Chair Costantino: Well you know, I don't - by the time this went into uh, from the time of the violation back in May to the time of a fine was proposed by the board was October, and it was still going on. I mean that's five months there that they chose to do nothing, or minimal, and that's you know, trash and debris in the swale. We're talking hurricane season even though back in '98 we may not have even have had a hurricane I don't know, sometimes we let our hearts kind of - - I don't know. Alright, alright. I have to tend to lean towards Bob we need to - Mr. Micheli: Miss. Miss. Chair Costantino: Yes. Mr. Micheli: It wasn't always, excuse me, when they asked me to clean it all up and get rid of the tank and all that, I mean, I cleaned everything up. It was totally cleaned up and then I probably put some more debris out there for the boat pickup or something but, when I was told to clean that yard up, they, the yard was spotless, spotless when I came over here there was nothing out there. So then maybe I came back out and I put some stuff over there for pickup or whatever. But I worked at it the whole time and kept it clean. It wasn't it didn't sit with a bunch of garbage out there for a long, long time. Mr. Blasie: I think what he's saying he just didn't have grass on it for the most part. Mr. Micheli: Yes, that, that was it. Yes sir, it was just the sod I didn't have. I didn't have the money to put the sod down, but I grew it, I grew the grass. Ms. Cook: I'd like to make a motion if I may and if it - - Chair Costantino: Ms. Cook? Ms. Cook: - - goes then you know. Uh this would be uh, number 10, uh based on the testimony and evidence presented in case number 98-1986 and having been advised that the respondent has complied with all lien reduction procedures set forth in Section 8 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 2-84 through 2-89, the City of Boynton Beach Code of Ordinances, I move that this board reduce the fines instituted in Case number 98-1986 by virtue of this boards Order of 8-19-98 to the amount of $1,000 which includes administrative cost. Second Vice Chair Simshauser: I'll second that. Chair Costantino: All in favor? Ms. Cook: Aye. Chair Costantino: All opposed? Unknown: No. Chair Costantino: You want to do a roll call ma'am. Thank you. Recording Secretary: George Moyer? Mr. Moyer: No. First Vice Chair Yerzy: No. Second Vice Chair Simshauser: Yes. Chair Costantino: No. Someone want to make another motion. Mr. Yerzy? First Vice Chair Yerzy: Based on the testimony and evidence presented in case number 98-1986 and having been advised that the respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89, the City of Boynton Beach Code of Ordinances, I move that this board reduce the fines instituted in Case number 98-1986 by virtue of this boards Order of 8-19-98 to an amount of $4,347 including administrative costs. Chair Costantino: What's the number again? Three thousand? First Vice Chair Yerzy: $4,347. That's ten percent of the amount that I felt was due and owing. Chair Costantino: Is there a second? Mr. Foot: Second 9 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 Chair Costantino: All in favor Some: Aye. Chair Costantino: All opposed? Some: No. Chair Costantino: Do a roll call please. Ms. Cook: Okay guys. Chair Costantino: That's okay. At least it's not a tie. Recording Secretary: George Moyer? Mr. Moyer: Yes. Recording Secretary: Lisa Simshauser? First Vice Chair Yerzy: Yes. Recording Secretary: Robert Foot? Mr. Foot: Yes. Recording Secretary: Kathy Cook? Ms. Cook: No. Recording Secretary: Kathleen Carroll? Ms. Carroll: No. Chair Costantino: Yes. Recording Secretary: Motion passes 4-3. Chair Costantino: Four to three. Okay. Alrightie. We have decided that the fine, the, the $4,347 - Inaudible: includes administrative costs. 10 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 Chair Costantino: Which includes administrative costs. So, you need to check with Diane. Keep in touch with Diane. Mr. Micheli: Who is Diane? Chair Costantino: Diane. Mr. Blasie: Right here. You can uh, you know how to get a hold of me right? Mr. Micheli: Yes sir, Scott, right? Mr. Blasie: Right. You can call me and if I'm not there you'll get Diane. Mr. Micheli: Is there a way to make like a payment plan on this? Mr. Blasie: You can meet with us to talk to us, we'll talk about that. There's actually by Code, there's a 90 day window to pay it. Mr. Micheli: That's uh. Mr. Blasie: In full. Mr. Micheli: See now I'm right back to the same old where I started from before, I didn't have any money before to put the grass down. And - - now, where am I gonna get the $4K to pay you all? I mean, what happens then. I've got four kids and a house payment and, - - Mr. Blasie: Well right now, the board made their decision and if you want, I'll be here tomorrow. If you want to make, you want to come in tomorrow I'll be here Monday, if you want we can talk about it. But I mean, the boards made their decision and right now we're, that's it. Mr. Micheli; Okay. Mr. Blasie: Okay. Mr. Micheli: Yep. Mr. Blasie: Thanks. Mr. Micheli: Thank you all. 11 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 Case 06-2698 Steven. J. Stefano 23 Via De Casas Sur 203 Mr. Blasie reviewed the case and advised the case complied August 3, 2007. This case was all about the shutters. Steven J. Stefano, 23 Via De Casas Sur 203, explained he was unaware he had to pull a permit. He received letters from the City and ignored them because he had three full time jobs. He finally got the issue straightened out a few months ago. He did the shutters himself. He got his permit a month ago and received approval for the product. He noted the Homeowners Association also approved those. Mr. Blasie explained he paid the penalty for the permits. Mr. Stefano added, in hindsight, he should have taken the day off to do the work, but he was not in a position to do that. He requested recouping the overhead. Mr. Foot asked when a homeowner could install their own shutters. Mr. Blasie responded if the resident was domiciled and homesteaded they could with a permit. He explained they could board their windows with plywood instead of shutters so long as there was a permit involved and the plywood met certain standards. Mr. Foot asked when shutters changed from permittable as opposed to decorative and how to define when shutters needed a permit. Mr. Blasie explained all shutters need permits. First Vice Chair Yerzy thought under the circumstances and bearing in mind the Respondents willingness to be forthright, he suggested looking to recover the City's costs in the case. Motion Based on testimony and evidence presented in Case #06-2698, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, First Vice Chair Yerzy moved that this Board reduce the fines instituted in Case #06-26-98, by virtue of this Boards Order of December 20, 2006, to an amount of $634.12, including administrative costs. Mr. Moyer seconded the motion that unanimously passed. Case 06-678 Deliverance Holy Temple, Inc. 202 NW 9th Avenue Mr. Blasie explained this case was tabled at the Code Compliance meeting to this meeting. He added he sent an email to Tim Large in the Development Department for an update about the status of two applications that were in plans check. Mr. Large 12 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 advised him there were comments for Permit Number 072792 were picked up July 8, 2007 and nothing was resubmitted yet. A voice mail message was left for the contract for Permit Number 07733 (for the air conditioning) on 3-7-07, however the check submitted by the contractor bounced and they wanted to cancel the permit. Pete Roy found nothing resubmitted on Permit Number 07733 for the air conditioning. Attorney Alexander administered the oath to Pastor Smith. Pastor Smith, 202 NW 9th Avenue, Deliverance Holy Temple, Inc., explained he was not aware of problems with the check. He elaborated he gave the contractor cash to get the permit and he thought he had the cash receipt in the file. He explained this matter had been ongoing for a few years. The first time he appeared in 2001, there was a lien on the building. He had a $100K lien on the building. He made many repairs and fixed the parking lot. Then the board removed the lien. He began to improve the church, but then found the reason the parking lot was damaged was because the tree roots beside the City-owned road were damaging the parking lot. He explained he felt it was not the fault of the church, rather it was the responsibility of whoever took care of the road. He got that straightened out. Until the hurricane, he didn't receive any help, but on his own, he fixed it to Code. He was trying to clean the church up by himself and felt it was important because it was situated right next to crime in that area. He approached the City; they issued him a permit and he made the repairs. Then the City determined they made an error in issuing the permit and they revoked it. Pastor Smith advised it was difficult to get someone in to finish the work he completed and the matter had been ongoing for about a year. He approached the CRA for assistance but they do not have grants for roof repairs; the Facade Grant required a dollar to dollar match which was an issue for him. Pastor Smith advised the building was beautiful and almost finished. He had been working with Lamar Robinson, however, Pastor Smith advised it was taking a long time to do the work. He expressed surprise the check bounced and indicated he paid for the permits and did not understand why the General Contractor had not applied for the permits. He explained he was diligently trying to resolve the matter and get permits to repair the hurricane damage. There was roof, drywall, and water damage and he had only replaced what was damaged. Scott Blasie, Code Compliance Administrator, explained he met with Quintus Greene and Pastor Smith not long after the permit was voided. He clarified the original permit was for Permit Number 06-904 for a re-roof and the City had erroneously issued that type of permit to an incorporated entity as an owner/builder. The issue was the monies needed to retain the contractor for the work. Mr. Blasie explained they tried to work 13 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 together as long as possible, but advised eventually, if the issue was not addressed, it would be brought before the Board. He also pointed out the original permit was for the re-roof but interior renovations had taken place. Pastor Smith explained he did finally retain a general contractor. The issue date of the original permit was February 3, 2006 and it was revoked on March 9, 2003. Scott this has happened before. He had photos of the interior of the church. Pastor Smith explained two permits were issued; one for drywall and the other for the roof. Chair Costantino asked him to produce the permit and recessed to allow Pastor Smith to retrieve the permits from his vehicle. The board recessed at 3:45 p.m. The board reconvened at 3:50 p.m. Mr. Blasie explained the two permits were issued under the same permit number. Pastor Smith showed the board the permits originally issues. There was discussion the Respondent was not at fault, and he followed the proper procedure; it was a miscommunication. Mr. Blasie understood there were financial constraints but there was ample time to have some movement. The board acknowledged the building was dilapidated but explained now they had to decide whether to certify the fine for the permit regarding the interior and certify the fine for the air conditioning. Ms. Cook suggested Pastor Smith keep working on the structure. They could not keep tabling the case; there were still violations. She thought they should just certify the fine. There was discussion the fine amount would continue to accrue whether they tabled the case or certified it. Chair Costantino urged Pastor Smith to pursue the matter with the contractor. Pastor Smith expressed his desire to come before the board again with honesty and to resolve the matter. He believed it would be difficult to obtain another contractor to clean up the case. Motion Mr. Moyer moved that Case #06-678 be tabled until the Code Compliance Board meeting to be held on October 17, 2007. Mr. Foot seconded the motion that unanimously passed. Case #07-520 Deliverance Holy Temple, Inc. 202 NW 9th Avenue Discussion on this case occurred with the preceding case. 14 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 Motion Mr. Moyer moved that Case #07-520 be tabled until the Code Compliance Board meeting to be held on October 17, 2007. First Vice Chair Yerzy seconded the motion that unanimously passed. Case 07-1378 Arthur J. Swanburg Eric W. Thompson 1989 Campanelli Boulevard (The following verbatim excerpt was requested by a Commissioner). 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. 15 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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 Swan burg 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. 16 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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. 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 Lexington 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 17 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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 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 that 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 18 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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 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. 19 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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. 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. So 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. 20 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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 - 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 said, 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 21 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 Chair Costantino: Well we didn't start the - Mr. Thompson: I understand that but I was, 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 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. Swanburg: 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- 22 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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. Chair Costantino: Well this is not the forum for that. Mr. Swanburg: 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. 23 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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 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? 24 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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. 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. Swan burg 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. 25 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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 really 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 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 conviction 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 - 26 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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 offender? Mr. Thompson: On 5-117 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 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. 27 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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. 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. 28 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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. 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 29 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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. 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. 30 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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. 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. 31 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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 - - 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. 32 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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. 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. 33 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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. First Vice Chair Yerzy: We wish you the very best of luck. Mr. Thompson: Thank you very much. 34 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 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. Case #07-1537 Connie M. Carrier - Mario Carrier 428 NE 20th Ave. Mr. Blasie reviewed this case which was originally cited on May 27, 2003 regarding Sexual Offender Status. A date and fine was established and the violation still exists. The Respondents were not present. Motion Based on the testimony and evidence presented in Case # 07-1537, First Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated June 28, 2007, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $25 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion. Mr. Foot asked if there has been contact with the Respondent. Mr. Blasie advised the board Ms. Carrier asked for an extension and he advised her, this would be the proper venue to do so. Mr. Moyer asked if there were any other opportunities to further get the Respondents attention other than just certifying the fine. Ms. Alexander explained the City could go through the courts and get an injunction once information was obtained the respondent was still residing at the premises. There was no further discussion of this item. Vote A vote was taken and the motion unanimously passed. 35 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 Case #06-975 Nationwide Asset Inc. SW 3rd Street Mr. Blasie explained he had requested this case be added to the agenda. He reviewed the details of the case which dealt with a developer and trash and debris and construction material. The board had certified the fine of $100 per day for 26 occurrences. He explained it turns out the construction debris, which was the subject of the certification, were on two properties where houses were already constructed. Unbeknownst to them, the homes were sold and the board certified a fine for violations on property the developer no longer owned. Chair Costantino recalled surrounding property owners testified the debris was being moved over to vacant property. Mr. Blasie explained the new property owners would be subject to the lien but would not have been provided notice. The orders were Cease and Desist Orders. The board discussed how to best approach the matter. Motion Mr. Foot moved to dismiss the allegations against the owners of Case #06-975. Ms. Cook seconded the motion. Motion Mr. Foot moved to dismiss the allegations against the owners of Case #06-975 leading to the Cease and Desist Order fines of August 15, 2007. Ms. Cook seconded the motion. The board asked for a date certain of when the property was sold. Mr. Blasie suggested discussing this at the next meeting and that further information be obtained. Mr. Foot withdrew his motions. Ms. Cook withdrew her seconds. Motion Mr. Moyer moved that Case #06-975 be tabled until the Code Compliance Board meeting to be held on September 19, 2007. Mr. Foot seconded the motion that unanimously passed. VI. DISCUSSION Chair Costantino explained an email was received from board member Moyer regarding how the board addresses violations and lien reductions. Mr. Moyer felt the board was 36 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 too lenient and a discussion on the best methodology to obtain compliance was discussed. There were fundamental differences on which was the best way to ensure compliance. Some of the major points of the discussion were: · It was not the board's responsibility to provide revenue to the City. · The board could be more punitive with its sanctions. · True compliance is not obtained when a violation is corrected years later. · The onus is put on the homeowner to contact Code Enforcement to verify compliance. · The board was enacted to ensure residents complied with its laws. The board members recognized oftentimes a homeowner really did not know they were violating an ordinance. They also took into consideration whether the respondent was a repeat violator and the impact the issue had on the surrounding property owners. They acknowledged extenuating circumstances and exercised compassion as appropriate. Although commercial violators were more heavily fined and usually had their fines reduced, they felt they made a point. Chair Costantino asked, in light of the property tax issues, if local governments could charge the costs of doing business before the board. Mr. Blasie explained Florida State Statute 162 does allow them to charge the cost of doing business to anyone who comes before the board. Lake Worth does this. People view this as a deterrent. We will be filing several liens for $300 or $400 dollars. This could be a deterrent. Mr. Blasie was not sure this was the way the board wanted to operate or if that method resulted in reducing the case loads. Mr. Blasie thought there were some areas that could be improved. With permit and licensing issues, he thought perhaps a more severe fine could be imposed and he noted with other cases that were more severe, a corresponding and appropriate fine could be assessed. Mr. Blasie pointed out another issue was, most people did not read their mail. Board orders are being sent out, and 80% of them are not even read. Chair Costantino also thought mail service was sometimes an issue. There was no further discussion of this item. VII. ADJOURNMENT 37 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 23, 2007 Motion First Vice Chair Yerzy moved to adjourn. Ms. Cook seconded the motion that unanimously passed. The meeting adjourned at 5:14 p.m. ~ (!kVj- ~Wtl Catherine Cherry-Guberman Recording Secretary 8/29/07 38