Minutes 05-17-06
VERBATIM TRANSCRIPT FROM MAY 17. 2006 CODE COMPLIANCE BOARD MEETING
Requested by Assistant City Manager Wilfred Hawkins
Agenda Item VIII.
Chair Costantino:
Attorney Tolces:
Bob Foot:
Chair Costantino:
Board Attendance
I put this on the agenda because we seem to be having some issues with
attendance. This board agreed to contact the Chairperson when they
were not going to be here. Most of us are in compliance. Mr. Tolces
looked up the Statute.
If I might. I'm passing down sections of Chapter 162.05. The Chair had
requested that I research the issue with respect to attendance for board
members and I would direct you to section 162.05E. In section 162.05E it
says, "An appointment to fill any vacancy on an enforcement board shall
be for the remainder of the unexpired term of office. If any member fails
to attend two of three successive meetings without cause and without
prior approval of the Chair, the enforcement board shall declare the
member's office vacant and the local governing body shall promptly fill
such vacancy." So, if there is a circumstance where the board feels that
this has occurred, in order for them to declare that member's office
vacant, there would need to be a motion made to declare that member's
office vacant, and that motion would need to be approved by a majority
of the members present at the meeting. And then, that information would
be forwarded to the City Commission and the City Commission would
then fill that vacancy.
I'm sure, looking at minutes for recent meetings, this came up because
Mr. DeLiso is not here at this meeting. I'm concerned about his
attendance. Out of the most recent one, two, three, four, five, six
meetings, he has been absent four times. There was one sequence of
meetings, February 23, March 15, and March 23 where he was absent on
all three of those occasions. So in terms of that Statute and our own City
Ordinance which says the same thing, the two out of three meetings, the
seat should be considered or maybe declared vacant. I would say Mr.
DeLiso is in jeopardy of having his seat considered vacated at this point.
I have to agree with you. Mr. DeLiso made, I mean he told me today,
yesterday, that he was going to be here and there's been no further
communication and as we can all see, he's not here. Kathy called and
informed us her son's graduation is coming up. She was going to use this
evening to pack herself so she could go. He passed the bar and was
going to be an attorney. She did call. The board members here that are
present have done a wonderful job in complying with our agreement that
we were going to contact the board. Chris has refused repeatedly to call
me and it is not about me. It is about doing what everybody else on this
board is doing. And now he has violated the State Statutes that govern
this board.
Verbatim Transcript of Code Lompliance
Board Meeting of May 17 2006
Boynton Beach, Florida
Bob Foot:
Lisa Simshauser:
Chair Costantino:
Richard Yerzy:
Lisa Simshauser:
Attorney Tolces:
Chair Costantino:
Attorney Tolces:
Richard Yerzy:
Chair Costantino:
Kathleen Carroll:
Chair Costantino:
Kathleen Carroll:
Chair Costantino:
Bob Foot:
Lisa Simshauser:
Chair Costantino:
Ma'am. We have a City Ordinance that says the same thing. I, to get the
thing on the floor for discussion move that the seat held by Mr. DeLiso be
considered vacated at this point and that the City be asked to replace him
in that seat.
And who are we going to replace him with? We can't even get alternates.
We need a second before we continue discussion. Is there a second to
the motion?
Second.
Who are we going to replace him with?
That's the City Commission's decision.
That's the Commission's decision.
In theory, they could reappoint Mr. DeLiso to fill the vacancy.
I seconded it in order that we could have a discussion. If there's no
second, we can't have a discussion.
So, what is the board's pleasure? Shall we continue this process? I mean
its here. It's something that I personally feel is expected of us. I mean it
says here, it governs our board. This is something that, as distasteful as
it may be, is something that we need to decide upon doing or not doing.
I guess my question is have you as the Chairperson discussed your
feelings with Mr. DeLiso before you brought it before the board?
After his conversation and - that I had with him a couple of days ago on
his attendance at this meeting, and the vulgarities that he expressed to
me, I've just - have no interest in talking to Mr. DeLiso ever again. I
don't..... .
So, it's a personal issue.
No, it's not.
Ma'am, in government in the Sunshine, I'm not sure its appropriate to be
talking about this kind of activity.
She called me to ask if I was coming.
I simply asked if he was going to attend the meeting.
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Verbatim Transcript of Code Lompliance
Board Meeting of May 172006
Boynton Beach, Florida
Bob Foot:
Chair Costantino:
Kathleen Carroll:
Chair Costantino:
Attorney Tolces:
Chair Costantino:
Attorney Tolces:
Chair Costantino:
Sue Collins:
Chair Costantino:
Attorney Tolces:
End of discussion.
Transcribed by:
As to his attendance, yes. But as to his activity in general.
I did not discuss his activity in general. He continued his conversations
and he said to me he was not going to, not planning on attending the
rest of the meeting. And then he proceeded to tell me that some people
take their positions too seriously. And I left out all the swear words that
were included before the phone call was disconnected. I'm sorry. I don't
appreciate being talked to in that manner.
I, again, think it's a personal issue that you need to take up with him.
No. It's not a personal issue. Is there any further discussion? Then I'll call
the question. All in favor? Motion carries 5-0.
No, wait.
I mean, sorry, 3-2. I'm sorry.
Just for the record, I would suggest to the Chair that she ask for a roll
call vote.
Sue, would you do a roll call vote please.
(The Recording Secretary called the roll and the motion passed 3-2, Lisa
Simshauser and Kathleen Carroll dissenting.)
David, does the Secretary or do I notify the Commission?
There'll have to be some type of separate document prepared as opposed
to just forwarding the minutes to the Commission. So, I'll work with the
Clerk to prepare just a short memo to the Board for your signature.
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Susan Collins
Recording Secretary
051906
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