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Minutes 11-25-86MINUTES OF THE SPECIAL CITY COUNCIL WORKSHOP MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 25, 1986 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl zimmerman, Vice Mayor Ralph Marchese, Councilman Ezell Hester, Councilman Dee Zibelli, Councilwoman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk William P. Doney, Assistant City Attorney .After discussion as to whether this should be a Special City Council Meeting or a Workshop Meeting, Mayor Cassandra called the meeting to order at 7:30 P. M. and announced that it was a Workshop meeting and not a Special City Council Meeting. AGENDA APPROVAL Mayor Cassandra added "Discussion with Attorney Raymond Rea" and some recommendations and suggestions to be brought to the attention of the Council at the next Council Meeting. Vice Mayor Zimmerman moved to approve the agenda as amended, seconded by Councilwoman Zibelli. Motion carried 5-0. DISCUSSION WITH ATTORNEY RAYMOND REA Mayor Cassandra informed the Council that city Manager Cheney and he met with Attorney Rea on negotiations concern- ing Attorney Rea's working agreement as city Attorney. They covered the matters outlined on the sheets attached to the original copy of these minutes, which are entitled "Mayor and City Council Workshop Discussion, City Attorney Agree- ment," dated "11/25/86." Attorney Rea accepted a salary of $49,r500, and Mayor Cassandra said the Council would have to accept it on December 2nd. City Manager Cheney did the calCulations of the fringe benefits, based upon that salary, and Mayor Cassandra explained. Mayor Cassandra reported that Attorney Rea thought one Secretary would be enough in the beginning development of the legal staff of the City on a full-time basis on a salary range of $17,721. Mayor Cassandra explained other areas of the agreement. With regard to "OTHER LEGAL", he said the $30,000 for "Assistance" is a plus or minus because you never know what lawsuits might occur in a year. Trela White will still remain as the Codes Enforcement Attorney. - 1 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 Under "CAPITAL, Furniture" and "Word Processing", Mayor Cassandra said it would be the lowest bid. The annual cost would come out to around $131,611. The "Library" under "SUPPORT COSTS" is a one year cost factor, and Mayor Cassandra told the Council the years that follow would be just the update and upkeep of the books. Attorney Rea had entered the meeting. Mayor Cassandra asked if the Council had any questions, so Attorney Rea could hear their concerns. Mayor Cassandra added that City Manager Cheney felt it was important, and they all agreed, that the City should allocate monies for education and conferences, and he expounded. $3,000 was the number picked, and it was not added into the $131w611 total. Also, they did not know if Attorney Rea was interested in the Pension/Deferred Compensation, but it was a question raised by City Manager Cheney so that all bases would be covered. Mayor Cassandra said if everything was accepted, including Pension/Deferred Compensation, it would be another $6,000 added to the $131,611, which would be approximately $137,611. Proposal for city Attorney Vance to Remain for Month of December Mayor Cassandra further reported that Attorney Rea would be available on December 3rd, and Mayor Cassandra wanted the Council to consider keeping city Attorney Vance on for the whole month of December because there has to be a transfer of knowledge and a smooth transition. If it would be agree- able to City Attorney Vance, he suggested that City Attorney Vance handle the City Council meetings on December 2nd and December 16th. Mayor Cassandra believed Attorney Rea was agreeable to sitting on the dais at the first Council meeting in January, 1987. Mayor Cassandra explained that it would be easier for the transition because it will take time to get the temporary office squared away. The City has to hire a Secretary, and city Manager Cheney has offered his Secretaries in the mean- time for dictation and transcribing of material required and the use of the word processor. Mayor Cassandra thought City Attorney Vance, if it would be agreeable to him, could finish out December at a full month's salary. He believed City Attorney Vance agreed to stay until the end of December anyway, and he elaborated. - 2 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 Councilwoman Zibelli wondered if this was agreeable to Attorney Rea. Mayor Cassandra answered affirmatively and expounded. Legal Assistance Mayor Cassandra informed Councilman Hester that when it came to simple labor problems that required the City Attorney to be here, the City Attorney handled it, but if it became rather sensitive and required the expertise of a strong labor type lawyer, the City Manager and City Attorney Vance's firm would discuss and agree to get an expert. Mayor Cassandra said the City has used Bond Counsel from up north for all bond issues. He did not know if expertise was needed for land acquisition, but that would be a discussion between the City Manager and the in-house Attorney. Mayor Cassandra said Attorney Rea will be available to represent the City on sensitive situations, be it the Codes Enforcement Board, Civil Service Board, or Board of Adjust- ment. That would be part of his regular work load. Ten Month Column and New City Attorney's Budqet city Manager Cheney wanted to be sure everyone understood that the column that totaled $119,184 was for ten months, plus maybe an additional $6,000 for Pension/Deferred Compen- sation and Education. He said that was plus additional funds which the City has already been spending for the first three months for the City Attorney's office. At the next budget meeting, if the Council agrees on this for Attorney Rea's arrangement, City Manager Cheney said he would present a budget amendment which would try to incorporate amendments as their current, approved city Attorney's section, amended by these figures, so they would have a new City Attorney's budget for 1986/1987. City Manager Cheney said he would have that at the next Council meeting. List of Cases in City Attorney Vance's Office For the Council's information, Mayor Cassandra asked Attorney Doney for a list of the outstanding cases presently in City Attorney Vance's office. He thought the City and Attorney Rea agreed that if something was 90%, City Attorney Vance's office should finish it. That will be something the Council will decide, and Mayor Cassandra recommended that this item be put on the December 2nd Agenda for approval. - 3 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 City Manager Cheney To Look For Law Books As there were no questions, City Manager Cheney said he was going to go ahead with Attorney Rea and begin to agree and make arrangements to find law books. Office Space City Manager Cheney informed everyone that they are going to convert what they call the Mayor's and Council's Office to Attorney Rea's office and are going to create a Secretary's office at the end of the corridor by putting a petition in and closing up the back door. There will be telephone for both the Secretary and Attorney. A telephone can be put in the conference room, and City Manager Cheney said the City will try to put a desk in the conference room, so there will be a desk and a telephone for the Mayor and Council. DISCUSS FEASIBILITY FOR THE LICENSING OF RENTAL DWELLING UNITS - Requested by Councilwoman Zibelli City Manager Cheney asked Bert Keehr, Deputy Building Official, to introduce the new Codes Enforcement Officers, who were Joan Mormelo, Tim Conboy, and Kenneth Gorles. He also introduced Betty McMinamen of Occupational Licenses and Dorothy Moore, Codes Enforcement Officer. Mayor Cassandra also recognized the presence in the audience of Rebecca Theim, Sun Sentinel and Bill Cooper of the Post; Carmen Annunziato, Director of Planning; Bob Fauser, an interested citizen; Kathleen Kirton, Library Board; Kelley Kirton, Civil Service Board; Leon Himelfarb, Employee's Pension Board; and Simon Ryder, Member of the Planning and zoning Board and Downtown Review Board. It seemed to Councilwoman Zibelli the major portion of the City's problems was with rentals. She passed out a booklet to be used as a guideline and wanted input from Codes Enforcement and the Police Department as far as putting this into effect. Councilwoman Zibelli said it takes a lot of City time to find out who owns property, and she suggested that all rentals be licensed. She added that there can be a fee. The booklet she referred to had a fee. When the City registers the rentals, Councilwoman Zibelli said they would have the owner's name, mailing address, resi- dence address, and where the property is located. This would have to be registered before a Notary Public in the City. On the back of the card would be the number of units and the number of sleeping rooms. - 4 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 Councilwoman Zibelli brought out that the City has never been able to "have a handle" on the overcrowding Ordinance that was put into effect about 1½ to two years ago. By licensing the rental units, people would be allowing inspec- tion of their property. With this, Councilwoman Zibelli said there would be an accompanying booklet which would give the rules and regulations for rentals (how many people that are allowed to live in a house with that number of sleeping rooms). It will give Codes Enforcement Officers a way to get into that house if someone complains that ten people are living there instead of four or five. Councilwoman zibelli talked to Police Chief Hillery and said there are two ways of doing it, and this would be the easier way. One would be to have a landlord evict people who are selling or buying crack. The long way around it is Article 8, Section 2, Constitution of the State of Florida, which pertains to the Nuisance Law. Councilwoman Zibelli said the city could also incorporate into its booklet that selling crack would be a reason for evicting tenants. Councilwoman Zibelli was asking whether it was okay to re- vamp the booklet she had so it would be more in tune with what the City would like to do and with what they would want to charge. She stressed that the City would not have to monitor the homes. It would be there to be used as a tool if someone made a complaint against a rental. The landlords would be well aware of the guidelines. If they are not living up to the guidelines, the City could pull their registrations and they could not rent until they came into conformance with the City's rental guidelines. In low income areas, Councilwoman Zibelli thought this could be very advantageous. It would also help the Codes Enforcement Officers and Police Officers as far as drugs. Councilwoman Zibelli offered to get volunteers to come in so if would be no cost to the City, if someone was needed in City Hall to register people. City Manager Cheney stated that what mattered was not the booklet Councilwoman Zibelli had but what the City could do. The City could then write its booklet as Lake Worth did. Attorney Doney responded that the concept of licensing was probably permissible. Where it would get the City, other than information, he was not certain. If a license is issued and someone is selling drugs out of their residence, - 5 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 Attorney Doney thought much more would be involved than telling that person his license was pulled. There would probably have to be a hearing because it would be a property right to utilize one's property as a rental. Rather than having a summary pulling of the license, Attorney Doney thought they would be entitled to a hearing. Attorney Doney continued that probably, it would violate a lease to be selling drugs out of a residence as a lessee, and it would probably be grounds for~eviction. The next question would be how to force the individual to evict. Attorney Doney guessed one way to force him would be for the City to say they will pull his license unless he evicts. Again, he thought it would get back to a hearing, and some sort of hearing procedure would have to be established perhaps before some existing Board of the City. It may be cumbersome for the City Council to hear all of these things. Attorney Doney definitely thought some sort of hearing procedures would be required for any one who disagrees because they may say a drug sale is not going on, and he asked, "What about a drug sale going on in the front yard that are unknown as opposed to someone who is an actual tenant". Attorney Doney pointed out that there could be a lot of issues raised. Councilwoman Zibelli was talking about the concept. Attorney Doney thought the concept of licensing Lake Worth is doing was legally valid, but you still get into problems. The Nuisance Law that Councilwoman Zibelli referred to, which Attorney Doney thought West Palm Beach was now using, provides that if there is a location where controlled substances are being sold, the place can be declared a public nuisance, and the Judge can enjoin anything. Attorney Doney confirmed City Manager Cheney's statement that the City can declare any property it discovers is in drug sales as a nuisance, take it to a Judge and ask for immediate action. He suggested they set up some buys through under cover Police. Once the City has that back- ground, they can prove the buys are happening at that loca- tion, and it is a public nuisance. They can have it declared a nuisance and enjoin the use of the property for that nuisance. The leverage that would give the City would be the next time it happens, the City would have the leverage of having the person violating a Court Order, and the owner would have to be a party to the nuisance suit before the Circuit Judge. - 6 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 Depending on how many people are there, Vice Mayor Zimmerman wondered to what extent the Codes Enforcement people could enter a home without a search warrant. Attorney Doney acknowledged that there is an administrative search warrant in the Florida Statutes but he believed it excluded single family and duplexes, which would be the loophole. Vice Mayor Zimmerman asked about condominiums. Attorney Doney replied that a condominium unit is probably considered as a single family unit. As far as obtaining an administrative search warrant, perhaps they would lOok for minimum housing code violations. Attorney Doney thought probably the Building Department would say one of the biggest problems they have is access. city Manager Cheney pointed out that the City's access now has been on the right of the City to go into homes. What Councilwoman Zibelli was suggesting was whether that~would change the City's right of access if they license a unit. Attorney Doney thought the City could get access right now to rooming houses by way of a search warrant. Attorney Doney was not sure he had an answer but he thought the legal issue would be whether, by licensing, the City can require individuals to consent to a search or to an inspec- tion. If they do not consent, the City would not give them a license or would revoke a license. Attorney Doney did not have an answer to whether that would be a permissible reason. He thought that was where they needed to get to in order to put teeth into it. List of Rental Homes Councilwoman Zibelli thought it would be helpful to have this as a quick reference because a lot of people do not know what is going on in rental homes, and she expounded. City Manager Cheney said there was no problem in the City keeping a list if people tell them they have rental property. The issue is how they can mandate people giving the City that information without a license law. If the City has that mandate, City Manager Cheney said the question is whether the City is going to enforce the mandate and attempt to require everyone to be licensed. If they do not enforce the license law, he wondered if that would hurt the City's ability to enforce it. Councilman Hester said he might rent his house to his relatives, and he did not think he should need to be licensed. He thought absentee landowners was the problem, and he - 7 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 explained. There was discussion. Councilwoman Zibelli elaborated on why she thought it was a good idea and said this is most prevalent in the City's distressed areas. Health Hazards Mayor Cassandra asked whether the City could go in adminis- tratively if there is a health hazard. Attorney Doney answered that you get into, "What is a health hazard, and can you get access?" He thought the Building Department would confirm that they cannot get in, and he explained. Attorney Doney said the tenant might like what they have better than having somebody shut it down. If access can be obtained, the Minimum Housing Code would apply; violations could be writtenf and Codes Enforcement proceedings could be followed up. The ability to inspect was really the key. Associations In many parts of the City, Vice Mayor Zimmerman said this has been taken over by the condominium associations, the community associations, and cooperative associations on an individual basis, and they have found trouble trying to do it in their own, small jurisdiction. He could see the trouble compounding tremendously if they do it on a citywide basis, and he gave examples of different rules condominiums have. Vice Mayor zimmerman thought the City would get into a terrible situation if they take away the rights of condo- minium associations to control, which they have by condo- minium law. Vice Mayor Zimmerman elaborated and asked if they planned to take the rights away from those associations and impose a new City conformity on every one of the condo- miniums and community associations. After discussion, Councilman Hester expressed that he thought the condominiums would have to be exempt. When a condominium is formed, Attorney Doney said there is a Declaration of Condominium that is filed, and it has all of the restrictions in State law. If a condominium association has these rights by virtue of a State law and the condominium documents, nothing that the City would do would take away those rights. It might impose additional regulations, but Attorney Doney did not think it would take away anything a condominium had the right to do prior to the City adopting an Ordinance. Vice Mayor Zimmerman asked if licensing would be required of an owner of a condominium unit he rents out. City Manager Cheney thought it would be and clarified that if the City - 8 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 has a licensing law, any condomium unit owner who wants to let out his unit for money would have to license that unit. If he did not license the unit, he would be in violation of the license law and could be fined. If they did not have a fine, City Manager Cheney said the City would have a hard time enforcing the licensing, and he expounded. Vice Mayor Zimmerman thought the City would find the condo- minium, community, and cooperative associations fighting that very strongly, and there are many such associations here in the City. He stressed that they can handle it much better on a local, smaller basis than the City could. City Manager Cheney asked, if the City had a licensing law, whether they could exempt associations that fall under the definition of the State Condominium Law. Attorney Doney tended to doubt whether they legally could, but they could draw it out. If they drew it up that way, City Manager Cheney said they may be ten years down the road before it is challenged. Vice Mayor Zimmerman responded that even that would not answer the question. For instance, Boynton Beach Leisure- ville and Palm Beach Leisureville are not, for the most part, condominiums. City Manager Cheney replied that they would fall under some part of the Statute. Vice Mayor Zimmerman informed him they fall under only the Not for Profit Corporation Act 715. City Manager Cheney said the Condominium Law and the Not for Profit Law would have to be tied in and be exempted. Attorney Doney stated that would take a big chunk out of it and did not know how they could justify the distinction between 12 people living in a house in Leisureville as opposed to 12 people living in a house in a different part of town, and he expounded. Attorney Doney thought it would be hard to draw those sorts of lines because they would be talking about privately owned homes in Leisureville. There was more discussion, and Attorney Doney explained what they would get into. Vice Mayor Zimmerman commented that there are so many of these associations in the city, and brought up the fact that this was a community problem rather than a City problem. All over the country, it is a community problem, and he expounded. Vice Mayor Zimmerman asked how they could think they could have any success without a huge bureaucracy spending a great sum of money to do it on a City level. He could not see it. - 9 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 Intent of Licensing Councilman Marchese wondered what the real intent of the licensing was. Councilwoman Zibelli replied that the intent was to have a handle on all people who rent their homes, and she reiterated prior statements. Getting Information Mayor Cassandra asked if the increased Codes Enforcement Department could get information as to who owns what in the City right now and wondered how many man hours it would take. Mr. Keehr answered that the Department looks up County records on a microfiche, and it does not take that much time. City Manager Cheney interjected that did not tell them whether it was owner occupied. Hand Outs It was City Manager Cheney's opinion that a pamphlet like the one that was distributed does not do any good, and he proposed that the City do a series of hand outs that are simple and address specific points like trash, cars, mowing, number of people in a house, etc. Two people are now assigned to the north end of the City, so while they are seeing whether they can legally do the licensing thing, he suggested that they begin to prepare individual sheets the size of the water turn off notice that would be colorful and not have a lot of words on them but say that "City Code 9 says you cannot have an abandoned car that is not licensed on your lot, and you have one." He thought those would be read more than a book in fine print. City Manager Cheney felt they could do something to spread the word. Councilwoman Zibelli brought up the fact that they put notices on the_cars, and it does not do a thing. City Manager Cheney was suggesting the City develop a different way. Discussion There was discussion about monitoring homes and repetition of prior statements. Councilman Marchese questioned whether it would be everybody who rents from this day forward or if they would want a record of everybody that is renting. Unless they go back and find out from every homeowner whethe~ they are renting or not, he saw a big hole in the whole plan. Councilwoman Zibelli thought that was why they were calling it a workshop, and she expounded. - 10 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 Vice Mayor Zimmerman thought it was a noble idea. Whether it was occupied by the owner and a large family and relatives or whether it is a rental did not make any difference, if the house was being abused by the people living there. It is on the books about the number of people that can occupy a home, and there are some Ordinances about abandoned cars. Vice Mayor Zimmerman suggested that maybe the City could strengthen those and try that rather than getting into some- thing he did not feel would be publicly accepted. Even some real estate people that deal in rentals called him'because they do not like the idea. Councilwoman Zibelli was sure they would not like the idea. Councilman Hester wondered if this might be a duplication of the Codes enforcement and asked how it would help the Codes Enforcement Officers in doing their jobs. He stated that you cannot legislate morality and those types of things. Councilman Hester stated that there are some things people are going to have to do themselves. He thought city Manager Cheney's idea about getting out hand outs to the owners might be a good idea at the beginning. Councilman Hester told about an abandoned car in his neighborhood and felt it should be a process of more education about what goes on in the community. Councilman Hester thought they should give some thought about trying to get something in effect. He was for helping any area but said there are some things they may want to do but just cannot do because it is up to the individuals. He referred to buildings on the west side of Seacrest on 10th Avenue and said it is a mess. He also referred to the area by Sara Sims Park and said they cannot force people. Even if they get all of the rentals licensed, Councilman Hester predicted the City would still have a problem. He was for trying to improve the area 100%, but not that way. Councilman Hester did not want to be segregated but wanted to include everybody. He told Councilwoman Zibelli they had to go out and beat the bushes a little bit more in the areas in which they live and let them know they should try to clean up their area. Councilman Hester was sorry they renamed 10th Avenue because it is a mess. The City will clean up, and the next minute it is the same. Councilman Hester repeated that it will take education and thought they should study it more. He thought it would be good if it would not involve any legal questions. - 11 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 Councilwoman Zibelli said she would find out from Lake Worth how they got around it legally. Councilman Hester asked how they were doing in Lake Worth. Councilwoman Zibelli replied that it was supposed to be coming along okay. She added that she was going to go back and check with them to find out what their weak and strong points are. Councilwoman Zibelli recalled 3½ years ago, former Councilman Samuel Wright, his sister, Wilda Searcy, and she passed out all kinds of notices in Haiitian, Spanish, and English about everything, but it did not do any good because there was no force behind it. City Manager Cheney requested Attorney Doney to talk to the Attorney in Lake Worth to see if they had an opinion that addressed the issue. Leon Himelfarb, 1591 S. W. 14th Avenue, wanted to help out Vice Mayor Zimmerman in what he told the Council. He told of the cooperation he got while taking the census in Section 10 of Leisureville and the difficulty a woman had in the old section. He said that was what the Codes Enforcement Officers would run into if they went out with those slips. Councilwoman Zibelli assured him that they would not be going out. The people would come in to register. Councilwoman Zibelli volunteered to contact David Hinsa, Mayor of Lake Worth. Mayor Cassandra commented that Councilwoman Zibelli was concerned about alleviating a very pressing problem, more specifically in the north end than in any other portion of the City. He had doubts about monitoring and the end result. City Manager Cheney said the Codes Enforcement would do what- ever the Council wanted them to do, but the Council had to decide what they wanted done. The issue was how the City should go about licensing and once the City has it, what can they do with it. If there is a procedure that says under the administrative search warrant that for single family and duplex houses you cannot go in without getting a search warrant, City Manager Cheney said the license and things that would get the City into the house would make this information valuable. If the City knows someone is an absentee owner, has a bum house, and a realtor they think is great, maybe it would pay to send them a picture of that house. - 12 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 If the licensing law does not give the City the right to enter a house without a search warrant, and City Manager Cheney doubted that it would, he said they should recognize that the law would give them something else but would not get them in the house. He remarked that your home is your castle, and none of us want anyone in our house. Occupational Licenses and Evictions Councilwoman Zibelli asked what the City does if someone has an occupational license and either they do not renew their license or there is some offense against that license. If they do not renew their license, City Manager Cheney said the City writes and tells them they cannot renew their license, but that is a business operation, and does not affect where people live. Councilwoman Zibelli argued that if you rent, a home is not your castle. City Manager Cheney thought she would find the Legislature and Constitution say if he would rent a place, that would be his, and he would have some right,s to keep people out. That is why landlords complain about the difficulty in evicting people. Councilwoman Zibelli said a lot of places in the north end are rented from week to week. City Manager Cheney advised that does not help the eviction situation. Councilman Hester agreed and said you have to get a Court Order. If a landlord had to do that once or twice, Councilwoman Zibelli thought they would pay attention to who they rent it to, and she expounded. City Manager Cheney agreed with her that the City has to get their attention, which was why they had to keep researching it to find out the way to get their attention. Fines Just recently, City Manager Cheney said a fine ran up on a responsible citizen in the city in the amount of $8,000, and the person is still in business. He has no respect for the law or the regulations. Councilwoman Zibelli did not want to forget this. For some time, City Manager Cheney said the City has only had one Codes Enforcement Officer and never had more than two at one time. Now there are four, and he elaborated on what the City can do. He hoped added concentrated effort would help get the word across and would help more people feel it in their pocketbooks. Over the next six or eight months, City Manager Cheney thought the City would have much more visible impact. - 13 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 Rentals Michele Costantino, 155 Flamingo Drive, asked if it was not true that certain businesses such as restaurants open their businesses for perodic inspections after they get a license and if rentals would not fall into the same heading as a business, thus making them available for periodic inspec- tions. Attorney Doney replied that residences have traditionally and typically been treated differently than a business. Even though renting in a sense is a business, to a person living there, it is their home, and there are many more safeguards. When an occupational license is issued, Attorney Doney assumed the City sends out Inspectors. To date, the City has not had that sort of licensing for residences, which is what the licensing law would do and what Lake Worth's does. Upon the change of ownership, it says you shall permit inspections. If there are violations, they must be remedied before a license will be issued. Attorney Doney did not know how they would catch the change of ownership. Probabiy the owners would not change but the tenants would, which Attorney Doney said would probably be more often the case, it would not seem to pick up that instance. At some point, they would probably have to cross the line of what is reasonable as far as the amount of inspections. Tradition- ally, residences are not subject to inspection as a business would be, and he explained that it affects primarily those that live there as opposed to the general public that might frequent a restaurant. Deputizing Codes Enforcement Officers To Facilitate Process and New Codes Enforcement Law If this was something the Council would not want to get into at this time, Mrs. Costantino suggested the City might deputize the Codes Enforcement Officers to speed up the process. City Manager Cheney said the City is going to amend its Ordinances to fit in with the new Codes Enforcement law but deputizing the Officers does not do anything. The Officers have all of ~the rights provided to them under the Statutes. Instead of giving 60 days, Mrs. Costantino said the City has means of punishing people by fines. City Manager Cheney informed her that the City has to follow State law, and the State law was the process of procedure. The City is trying to speed up that procedure, and he explained. The City will be able to speed up the repetitive kind of thing because the - 14 - MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 State law has changed. City Manager Cheney elaborated and said the City still has to go back to the Codes Enforcement Board but if it is repetitive, the City does not have to give so much prenotice. However, they cannot add another fine because it is repeated. They still must be allowed a public meeting before the Codes Enforcement Board to redo that fine. A procedure is still involved. Mrs. Costantino asked how much time it will take before the new Codes Enforcement law is implemented. City Manager Cheney replied that it will be amended at the next meeting or two. The City has had input from Trela White, Attorney for the Codes Enforcement Board, and opinions from the State and Cities as to how this is functioning. They also had two interpretations recently from the State Attorney's Office so City Manager Cheney thought they could go ahead and write the Ordinance at either the next two or three Council meet- ings. The State Attorney's opinion is they have to go back to the Board for another hearing even though the Board is hearing the same thing, but the City can slap that person faster for being repetitive. Police Chief Hillery, in observing the way the process works, thought, due to the growth of the City, that Codes Enforce- ment was rapidly facing the dilemna law enforcement faces in criminal matters. He said the Police have no trouble arresting people. On any given day, his Officers in the field turn up 30 to 40 Code violations, and they can take care of the problems with a fine, so there is no bottleneck at the end of the process. Chief Hillery said the bottle- neck is getting before the Codes Enforcement Board, and a Codes Enforcement Board that reviews "X" number of cases at a sitting and meets once a month does not cut it. He told the Council they could keep a standing Codes Enforcement Board going every day of the week with no problem at all. Chief Hillery thought maybe there should be more Codes Enforcement Board meetings so these things could get before them. Mayor Cassandra informed him that at the last Codes Enforcement meeting it was discussed whether they should meet more than once a month or have another Board. Council- woman Zibelli interjected that the City is allowed to have two Boards. Mayor Cassandra asked what the backlog of cases is right now. Mr. Keehr replied that the Building Department has normally processed 20 cases to go before the Board for evaluation. This process is done through his Secretary, Ruth Murphy, and entails a lot of typing, mailing, etc. Of the 20 cases, Mr. Keehr said normally, 75% comply, and five or six cases are heard. That same night that the five or six cases are heard, the Building Department presents another 20 cases. City Manager Cheney advised that the City - 15- MINUTES - SPECIAL CITY COUNCIL WORKSHOP MEETING, BOYNTON BEACH, FLORIDA NOVEMBER 25, 1986 does not have a backlog. every Board meeting. Ail of the cases are presented at Mayor Cassandra commented that there may not be enough cases for another Board. Mr. Keehr said he had to have people behind him in order to get to the Board. The City now has more Inspectors, and they have hired more clerical help. City Manager Cheney said 40 cases may be presented to the next Board. Mayor Cassandra stated that they are definitely looking at the possibility of another Board if the cases build up so that one Board cannot handle it. Mr. Keehr informed the Council that over the years, it has been worked on a priority basis. Mayor Cassandra said the people that break the law know they have ninety days. Word gets out, and the people say they will wait until they get before the Board, and the Board will give them another 30 days to comply. That was the process he was hoping would die down. Mayor Cassandra referred to Councilman Heater talking about education and said maybe they would not need to have 120 days but could have only five days or 30 days. C~ty Manager Cheney responded that the fines that are a repetition would come faster. Councilwoman Zibelli wanted to see what the legal ramifica- tions would be. ADJOURNMENT There being no further business to come before the Council, the meeting properly adjourned at 8:52 P. M. ATTEST: ' ~ ,/~ ~_.__~Ci kY Clerk Rec°~gT~~ary - 16 - CITY OF BOYNTON BEACH, FLORIDA ~/.~ -~? ~/D~~ Mayor  [ Counci lm~n~ Councilwoman MAYOR AND CITY COUNCIL WORKSHOP DISCUSSION CITY AT1Y)RNEY BI~Rk~MS~T 11125/86 Raymond Rea Responsibilities: (Begin Employment 12/3/86) General Legal ~vice Preparation of Ordinances and Resolutions Present Selected Cases to Board of Adjustment Present Selected Cases to Code Enforcement Board (Keep Attorney for Board) Present Selected Cases to Civil Service Board (Keep Attorney for Board) Prepare Contracts __ Prepare Interlocal Agreements Insurance matters in relationship to new RiskManag~uent Division Participation with Environmental Regulation Issues Attend All City Council Meetings Jim Vance: Continue with all Current cases and Past Referrals Use of Special Attorneys: Labor and Personnel Matters Bond Issues Land Acquisition City Attorney Working Agreement: CITY ATTORNEY Fringe Benefits Health Ins. - $61.14/mo Disability Insurance Group Life Ins. - $6.39/mo Workmans Cc(~-~ensation Christmas Bonus Sick Leave (12 days/year) (10 days/10 months) Vacation Leave (12 days/year) (10 days/10 months) Holidays (11 days/year) (6 days/10 months) Pension/Deferred Compensation Sub Total: SECRETARY Salary Fringe Benefits FICA Health Ins. - $61.14/mo Disability Insurance Group Life Ins. - $6.39/mo __ Dental Ins. - $9.36/mo Workmans Compensation Christmas Bonus Sick Leave (12 days/year) (10 days/10 months) Vacation Leave (12 days/year) (10 days/10 months) Holidays (11 days/year) (6 days in 10 months) Pension (First year) Sub Total.- EDUCJtTION & O0N-FERS~CES SUP~RT ~S~ Library (used, Supplies Miscl. Sub Total: includes upkeep) OTHER LEGAL Assistance (includes Code Att. ) Court Costs Sub Total: CAPITAL Furniture (desks, chairs, book shelves, typewriter) Word Processing Equipment (IBM PC/XT, printer) Programs Sub Total: *Pension/Deferred Cc~pensation $2,887 - TO be discussed **~Education & Conferences $3,000 - To be discussed Annual Costs $49,500 3,539 734 490 77 100 25 4,965 17,721 1,267 734 175 77 112 35 25 0 2,425 ** 11,000 2,000 1,000 14,000 30,000 1,000 31,000 4,000 6,600 1,400 12,000 $131,611 10 Months $41,250 2,949 612 408 64 83 25 * 4,141 14,768 1,056 612 146 64 93 29 25 0 2,025 11,000 2,000 1,000 14,000 30,000 1,000 31,000 4,000 6,600 1,400 12,000 $119,184 CITY .of BOYNTON BEACH 120 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33425-0310 (305) 734-8111 NOTICE OF SPECIAL CITY COUNCIL MEETING, TUESDAY, NOVEMBER 25, 1986 7:30 P. M. AT CITY HALL, BOYNTON BEACH, FLORIDA In accordance' with Section 56 of the City Charter of the City of Boynton Beach, you are hereby notified of a Special Meeting called on Tuesday, November 25, 1986, at 7:30 P. M. to consider: -1. Agenda Approval 2. -Discuss feasibility for the licensing of rental dwelling units Cassandra, Mayor ze~ Hester, Jr., Counci ph Marchese, Councilman D~ l;. Z~/~ell~ouncilwoman DATE: cc: November 18, 1986 12:30 P. M. City Manager City Attorney