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Minutes 05-21-12 MINUTES OF THE CODE COMPLIANCE LIEN REDUCTION MEETING HELD ON MONDAY, MAY 21, 2012, AT 6:30 P.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Shana Bridgeman, Assistant City Attorney Robert Foot, First Vice Chair Diane Springer, Code Compliance Coordinator Gary Cole, Second Vice Chair Robert Bucella Rose Marie Yerzy ABSENT: Kathleen Carroll Richard Yerzy, Vice Chair I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m II. Approval of Agenda Diane Springer, Code Compliance Coordinator, explained not all the Respondents were present, but the Board should proceed and hopefully the rest of the Respondents would arrive III. Swearing in of Witnesses Gary Cole, Second Vice Chair, explained the procedures. The Recording Secretary administered an oath to all those intending to testify. Ms Springer distributed lien reduction procedures to the Beard Respondents. It was also noted that of the five Board members present, four affirmative votes were needed in order for the motion to be valid. Case No. 11 -168 Harbors Way 115 Trust 115 Harbors Way Ms. Springer presented the request for the above case. The notice of violation was January 24, 2012 for violations pertaining to a Business Tax Receipt. The case was heard on March 16, 2011, and no one appeared. The compliance date and fine established by the Board was March 26, 2011, or incur a fine of $100 a day thereafter Compliance was documented on March 14, 2012, having 353 days of non - compliance. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2012 The first email Ms. Springer received regarding the case was on April 4, 2012, inquiring about the lien reduction. The Business Tax Receipt was applied for on March 14,2012. The inspection and Business Tax Receipt was issued that same day. Mark Brody, 25F Crossing Circle, Boynton Beach, representing Jeffrey Gombos, the owner of the above listed property, was present. Mr. Brody commented he has been a resident since 1995, and he was unaware a Business Tax Receipt for a rental was needed. The violation came to his attention in March of last year from a letter received at the residence. At the time, the property was held in Trust due to negotiations held after a divorce. The Trust had a different address than the owner's address. As soon as they learned of the violation, they addressed it. Mr. Brody was in the debt consolidation business operating in 50 states and flew in from California to attend the hearing. He noted in his line of work, they have to deal with several laws, so they diligently follow all instructions. The notice was sent to the existing address on January 22 or 24. The Trust was transferred back with a different address. The quit claim deed was notarized on December 15, 2010, and recorded on January 11, 2011. He explained that changed the mailing address of the homeowner. The title search was done on January 22nd or 24th and the correspondence was sent to the original address. Had they been aware of the issue, they would have immediately scheduled an inspection. When he paid the initial Business Tax Receipt fee, he was unaware of an inspection. He sought relief based on the fact that the correspondence was sent to an incorrect address. The address, as of January 11, 2011, was 1035 Gateway Boulevard, and the correspondence was sent to Delray Beach. Mr. Brody expressed the owner was shocked to learn he was being fined $100 a day and requested full relief. Ms. Springer announced for the record that on January 24, 2011, when the case was initiated, both the Property Appraiser and Tax Collector's office showed the address at 251 NE 17th Street, not the Gateway address. She explained under Statute 162, they sent the mail to where they were legally required. Mr. Brody expressed he did not feel he should be responsible for Palm Beach County not updating their records in a timely manner. He reiterated the mail was not forwarded because the individual at the residence signed for it and threw it away. There was no conversation since then due to a falling out. Ms. Springer commented the first meeting was posted at the premises and at City Hall. The second fine certification meeting had the signed receipt of mailing. Mr. Brody could not address why the tenant did not send any correspondence to them, but he did originally send the correspondence to pay the Business Tax Receipt. Mr. Gombos had been collecting rent about a month or two prior to when he received the notice. Mr. Brody explained they applied to the homeowner's association, who was to forward their application to the City. Mr. Brody reiterated they acted promptly when 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2012 they learned of the violation pertaining to the Business Tax Receipt and acted promptly when they learned about the large fine and scheduled an inspection which passed. The property was renting for $1,200 to $1,500 per month. Mr. Brody explained the property was well kept. The members discussed it was easier to have more compassion on those who are ignorant of the law, than those in the business. Mr. Brody explained he is not in the business, and they made every effort to comply. There was discussion the issue was due to negligence, not direct non-compliance. It was noted the Respondent was still collecting rent. Motion Based on testimony and evidence presented in the aforementioned case 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, Mr. Bucella moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of March 16, 2011, to an amount of $5,000, including administrative costs. Discussion followed $7,000 may be more appropriate. Mr. Bucella amended the motion to $6,000 including administrative costs. Vote Mr. Foot seconded the motion that unanimously passed. Mr. Brody inquired what the rental amount had to do with the fee. Chair Costantino explained when individuals appear before the Board, they ask for all kinds of information. It would not have mattered if $2 in rent was collected and the rental amount had no bearing on the fine. Case No. 08-3188 Benel & Yves Joseph 520 NW 11th Avenue Ms. Springer indicated this case, and the following two cases pertained to the same property. She explained the notice of violation for this case was October 17, 2008 for violations pertaining to mowing and maintaining the property. The case was heard on December 17, 2008, and no one appeared. The compliance date and fine established by the Board was December 27, 2008, or a fine of $50 a day would be imposed thereafter. The violations were corrected on December 27,2011, having 1,094 days of non-compliance. Ms. Springer received an email on November 10, 2011, from the property manager inquiring how to comply. On November 21, 2011, she emailed the information on all three cases to the property manager. To comply, they had to pay an outstanding water 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2012 bill of close to $4,000. The property came into complete compliance on December 27, 2011. Hartford Howell, 8188 Jog Road, Boynton Beach, was the real estate agent handling the transaction for the owner. He commented the property was for sale. The violations occurred in 2008 and the owner took possession in May of 2011. His information showed the City ordered demolition of the property. He had a copy of the notice for demolition dated January 13, 2011, which was prior to the current owner acquiring the property. In May, when the owner took possession of the property and was alerted to the issues, they ordered bids to demolish the structure themselves, but learned the City had a better price, so they permitted the City to demolish the property. Ms. Springer explained there was an arrangement made where the City demolished the property and the current owner paid the City. The home was a foreclosure. It was also noted there was a case against the Bank, who currently owns the property. The demolition occurred on August 17, 2011. The lot was for sale, and was on the market for $8,000. Mr. Howell explained it has been on the market for several months; however, there was still no buyer. Discussion followed if the Board assessed any part of the lien, it was unlikely the property would sell. Chair Costantino suggested zeroing out the fine in the first and second case and deal with it on the third case. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of December 17, 2008, to an amount of zero dollars, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Case No. 09-3772 Benel & Yves Joseph 520 NW 11th Avenue Ms. Springer presented the request and indicated the notice of violation was sent December 4, 2009, for violations pertaining to removing trash, mowing grass, weeds in the rear yard, and trimming bushes and trees. The case was heard on January 20, 2010, and no one appeared. The compliance date and fine established by the Board was January 30, 2010, or a fine of $200 a day would be imposed thereafter. The violations were corrected on December 27,2011, having 695 days of non-compliance. Hartford Howell, 8188 Jog Road, Boynton Beach, the real estate agent handling the transaction for the owner, had no further comments to add. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2012 Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010, to an amount of zero dollars, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Case No. 10-1579 Bank of New York 520 NW 11th Avenue Ms. Springer presented the request and stated the notice of violation was sent May 26, 2010, for violations pertaining to securing all openings and removing trash. The case was heard on July 21, 2010, and no one appeared. The compliance date and fine established by the Board was July 31, 2010, or a fine of $250 a day would be imposed thereafter. The violations were corrected on December 27,2011, having 513 days of non-compliance. Hartford Howell, 8188 Jog Road, Boynton Beach, the real estate agent handling the transaction for the owner, had no further comments to add. Discussion followed the Bank already sustained a significant loss on the property and would continue to have expenses with the taxes and/or insurance. Mr. Foot thought the Bank might consider a $5,000 lien a nominal amount, but he thought they should consider the effect it had on the community. Mr. Howell indicated the Bank had contracted with a company to maintain the property and it has been in compliance since he became associated with it. A recent inspection revealed it was currently in compliance. Further discussion followed if they collected administrative costs for all three cases, which amounted to $1,900, it would not make or break the sale. The members discussed the fine amount and $2,000 plus the $1,900 would be appropriate. Motion Based on testimony and evidence presented in the aforementioned case 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, Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of July 21, 2010, to an amount of $3,902.36, including administrative costs. Mr. Cole seconded the motion that unanimously passed. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2012 Case No. 05-1741 Janet Loffio 2012 S. Federal Hwy. #402 Ms. Springer presented the request and stated the notice of violation was sent July 29, 2005, for violations pertaining to securing a permit to change an air conditioning unit. The case was heard on September 21, 2005, and no one appeared. The compliance date and fine established by the Board was October 1, 2005 or a fine of $25 a day would be imposed thereafter. The violations were corrected on April 25, 2012, having 2,397 days of non-compliance. Ms. Springer explained Ms. Loffio is deceased and the property was for sale. A title search revealed the lien. In discussions with Ms. Loffio's former daughter-in-law, who has taken over the sale of the property, it was learned Ms. Loffio was admitted to a nursing home right after the air conditioner was changed in 2005, and her brother, who was also elderly, was taking care of her affairs. None of the violations came to light. Accidentally, the violation came into compliance because the home needed a new air conditioner. Ms. Springer explained Island Air Conditioning Co., who replaced the air conditioner, said they removed a 1999 air conditioner from the unit and it was an original unit; however, Building Department records indicated the original unit was placed in 1988. Apparently the company installed a 1999 air conditioning unit in 2005 and never applied for a permit. Officer Pierre, who cited the case, saw the air conditioning company working without the permit. Robin Winistorfer, 2531 NE 51 st Street, Lighthouse Point, the real estate agent selling the property for the owner Elizabeth Loffio, was present. Ms. Winistorfer agreed with Ms. Springer the unit was replaced in 2005 with a 1999 unit. This occurred in July of 2005, and in August 2005, Janet Loffio did receive two certified mailings from the City regarding the unit; however, in August, Ms. Loffio appeared to be unable to function on her own. The daughter-in-law, Elizabeth Loffio, made plans to have Ms. Loffio admitted into a nursing home. Her health deteriorated and Ms. Loffio never returned to the building. The electric was turned off from August 2005 to March of 2012. When the power was turned on, the unit, which had been installed, did not work and had to be replaced in March 2012. Ms. Winistorfer requested the lien be dismissed because no one knew of it, and if they had, they would have addressed it. It was only when the title search was conducted did they learn of the matter. Although the letters were received, there had been meetings with an attorney to admit Ms. Loffio into a nursing home. When she vacated, they did not have any documents. In clearing out the house, they found documents were hidden but the daughter-in-law never came across the information, nor did the brother have information. The amount of the lien was more than the selling price of the house, which was $58,000. Ms. Winistorfer explained they had a buyer and were supposed to close last week. The mortgage was paid. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2012 Elizabeth Loffio is the widow of Janet Loffio's only son, who passed away in 1991. Elizabeth was added to the deed, but could not do anything until Janet passed away. When Ms. Loffio died in 2012, she was 87 years old and the brother was likely over 90. Motion Based on testimony and evidence presented in the aforementioned case 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, Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of September 21, 2005, to an amount $5,000, including administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No. 10-2056 Citimortgage 115 SE 14th Avenue Ms. Springer explained this case and the next were for the same property. Ms. Springer presented the request and indicated the notice of violation was sent July 13, 2010, for violations pertaining to registering a foreclosed property, mowing the yard and trimming the vegetation. The case was heard on August 18, 2010, and no one appeared. The compliance date and fine established by the Board was August 28, 2010, or a fine of $100 a day would be imposed thereafter. The violations were corrected on September 19, 2011, having 386 days of non-compliance. Ms. Springer clarified mowing and trimming the yard were not part of the original violation. Thomas Matthews, 18608 Harbor Light Way, Boca Raton, the listing real estate broker representing Citimortgage, was present. He commented the property was currently under contract. Ms. Springer explained the property was registered on September 19, 2011. Mr. Matthews explained the Bank did not obtain the property until January 4, 2012. The foreclosure proceeding was started and it should have been registered on March 23, 2010, when the lis pendens was filed. Mr. Matthews explained he was not involved until January 9, 2012, but noted the property was occupied at that time. He did cash for keys to Mark Veen, the owner, who was living at the premises on February 20, 2012. Mr. Matthews expressed confusion as he registered the property after they moved Mr. Veen out. Attorney Bridgeman explained there are two elements of the Ordinance. One element is to register the property once it becomes vacant, and the second component was to maintain the property once it becomes vacant. If they filed the lis pendens, there was an obligation to register and maintain the property; however, the Ordinance also specifies it applies to property that is vacant or subject to default. The violation notice was sent to the foreclosing attorney in Tampa, who signed a receipt of mailing for the notice. Ms. Springer explained they sent the notice to the foreclosing attorney because the County property records would reflect Mark Veen as the owner until the foreclosure was 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2012 complete. If the notice was sent to the main address at Citimortgage, it is sent all over the country. The foreclosing attorney knows where to send the notice. The property was under contract for $28,000. Motion Based on testimony and evidence presented in the aforementioned case 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, Mr. Bucella moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of August 18, 2010, to an amount of $3,634.12, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Case No. 11 -1172 Mark Veen & Margaret Turner 115 SE 124th Avenue Ms. Springer presented the request and indicated the notice of violation was sent May 12, 2011, for violations pertaining to a Business Tax Receipt, removal of trash and debris, and outside storage. The case was heard on July 20, 2011, and no one appeared The compliance date and fine established by the Board was July 31, 2011, or a fine of $150 a day would be imposed thereafter. The violations were corrected on January 26, 2012, having 178 days of non - compliance. Ms. Springer explained Mr. Veen was living in one of the units, and his girlfriend was living in the other unit rent free. He signed an exempt form on January 20, 2012. Staff verified that all the other violations complied on January 26, 2012. There was a memo from the Building Department dated September 22, 2011, indicating there was no electric service to the premises and an extension cord connected to another property was used to obtain service. The house is placarded and the tenant was told to call Code Compliance when power was restored. An outstanding water bill of over $4,000 from Mr. Veen was paid prior to coming before the Board. Thomas Matthews, 18608 Harbor Light Way, Boca Raton, the listing real estate broker for Citimortgage, was present. Mr. Matthews explained he received the listing on January 9, 2012. On January 10, 2012, he contacted Mr. Veen and made arrangements for him to move out on February 20, 2012. After that point, they corrected the exterior violations, removed the trash and trailer which was on the premises, mowed the property and improved the landscaping. The property has been in compliance ever since. As to the Business Tax Receipt, because Mr. Veen signed an affidavit indicating he was living there and the girlfriend was living there for free, there was no violation. It was also noted there were health and safety concerns that were not part of the case. Ms. Springer distributed photographs to the Board. Mr. Matthews explained when the deal was made to move Mr. Veen out, no one was living in the other unit. He noted the property has been under contract for several months for $28,000. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2012 Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of July 20, 2011, to an amount of $1,730.15, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed Case No. 09-3879 Amtrust Bank 566 W. Ocean Avenue Ms. Springer presented the request and indicated the notice of violation was sent December 11, 2009, for violations pertaining to registration of a foreclosure and trimming hedges at the corner to provide an unobstructed view of the intersection. The case was heard on January 20, 2010, and no one appeared. The compliance date and fine established by the Board was February 4, 2010, or a fine of $250 a day would be imposed thereafter. The violations were corrected on April 16, 2012, having 801 days of non-compliance. The Respondent had to pay an outstanding water bill and registration of the property was confirmed on April 13, 2012. Addressing the hedges was confirmed on April 16, 2012. They also had to repair the windows, screen and an air conditioner to apply for the lien reduction. Laura Rollins, 1450 SW 10th Street, Suite B, Delray Beach, the listing agent, was present. Ms. Rollins obtained the listing on January 11,2012, and was not aware of the violations until the property was under contract on March 28, 2012. When she learned of the violations, she contacted Ms. Springer, registered the property, landscaped and trimmed the property and paid a municipal lien. The sale price of the home was $86,000. Ms. Springer distributed photographs to the Board. Ms. Rollins explained they spent almost $4,000 on a new air conditioner; they paid to have graffiti removed and the preservation team mowed and replaced the windows. The cost for the windows was about $525. Discussion followed the Bank received notification and there was a dangerous situation created from the hedges at the intersection. Ms. Rollins explained the Certificate of Title was issued April 2012. The lis pendens was issued June 23, 2008. Another real estate agent had registered the property, but had done so incorrectly. As to a dangerous intersection being created because of the hedge height, Ms. Rollins explained there was no through traffic as the road dead-ended against the interstate and was on a cul-de-sac; however, a stop sign was observed in the photograph. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2012 Motion Based on testimony and evidence presented in the aforementioned case 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, Ms. Yerzy moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of January 20,2010, to an amount of $10,000 including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case No. 08-1279 Timothy Pardo 134 SE 11th Avenue Ms. Springer announced this case and the following case involved the same property. She indicated the notice of violation was sent April 28, 2008, for violations pertaining to mowing the property and removing trash and debris. The case was heard on June 18, 2008, and no one appeared. The compliance date and fine established by the Board was July 3, 2008, or a fine of $100 a day would be imposed thereafter. The violations were corrected on September 20, 2011, having 1,173 days of non-compliance. In addition to correcting the violations, the Respondent had to mow, trim, and weed the property, including the driveway, repair the carport roof and rotted fascia, replace windows, screens and the air conditioning unit, trim the trees, and replace the door to the storage area in order to apply for the lien reduction. Attorney Bridgeman administered an oath to all those intending to testify. Diane Balsara, 1200 S. Federal Highway, Suite 307, Boynton Beach, the listing agent for Wells Fargo Bank was present. The property was assigned to her from another agent on August 17, 2011. She requested a lien search be done which revealed the violations. She obtained bids and made the repairs. The property was then in compliance. After that, the asset manager reviewed exterior pictures and wanted additional work done to the exterior. They provided extra landscaping, coated the driveway, and made other repairs to both the interior and exterior. Ms. Balsara reported they spent about $26,000 to improve the property. She noted the carport and siding was repaired. She commented Wells Fargo aggressively repairs properties they have as it helps first time homebuyers. The sale price of the property was in the mid-60s as it did not have central air. Ms. Balsara explained when she got the listing, the property was vacant. Once the repairs are made she would have the exact list price. Ms. Springer distributed photographs to the Board. The members discussed the fine amount. It was suggested assessing this case for administrative costs, and imposing a fine on the next case. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2012 Motion Based on testimony and evidence presented in the aforementioned case 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, Mr. Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of June 18, 2008, to an amount of $634.12, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Case No. 09-2416 Timothy Pardo 134 SE 11th Avenue Ms. Springer presented the request and indicated the notice of violation was sent July 22, 2009, for violations pertaining mowing, weeding and trimming the property, repairing broken windows and securing the property. The case was heard on September 16, 2009, and no one appeared. The compliance date and fine established by the Board was September 26, 2009, or a fine of $150 a day would be imposed thereafter. The violations were corrected on February 16, 2012, having 872 days of non-compliance. Diane Balsara, 1200 S. Federal Highway, Suite 307, Boynton Beach, the listing agent for Wells Fargo Bank was present. Other than addressing the violations as soon as they received the listing, she had no further comments to add. Motion Based on testimony and evidence presented in the aforementioned case 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, Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of September 16, 2009, to an amount of $5,000, including administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No. 09-3324 Wachovia Mortgage 7801 Manor Forest Lane Ms. Springer advised the Respondent was prepared to attend the meeting, but when she checked, the property registration had expired. Accordingly, they were not eligible for the lien reduction. Ms. Springer requested the case be tabled to June 18,2012. Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 18, 2012. Mr. Bucella seconded the motion that unanimously passed. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2012 Chair Costantino announced she was registered for Code Compliance School on June 22, 2012, so she would not be available during that time. She also commented she attended a City Commission meeting two months ago. A case was being appealed which involved a swimming pool. The Board had reduced the fine from $197,000 to $33,000 and the Commission reduced it to $634.12. This was disturbing to her because the City Commission puts the health, safety and welfare of the community in the hands of the Board. She spoke with Commissioner Orlove, who was Vice Mayor at the time, who suggested the Board put together, with Ms. Springer, a presentation to be made at a City Commission meeting. This would include facts and figures to help the Commission understand the Board's concerns. They asked the Board to do a job and penalties would be incurred. Ms. Springer explained the original argument with the case that was appealed was that the notice was not proper, which she proved it was. She has to provide the costs to the City which was what they charged. It was a bank-owned property. Chair Costantino explained to the City Commission the Board takes swimming pool hazards very seriously. She noted Broward County had a case where a baby was found at the bottom of a black swimming pool. The pool was unsecured. She noted there was already a case in Boynton Beach when a grandchild fell into a pool, but the child was not harmed. Chair Costantino suggested the members sit with Ms. Springer and put together a presentation. If the City Commission does not want to enforce black swimming pools, it would be on record they would not enforce those violations. It was noted the City cannot afford a lawsuit. It was also pointed out the Board's name was changed from Code Enforcement to Code Compliance, but it still comes with responsibility. There has to be a balancing point with safety and health issues and it should be brought to the City Commission for discussion. Motion There being no further business to discuss, Mr. Bucella moved to adjourn. Ms. Yerzy seconded the motion that unanimously passed. The meeting was adjourned at 8:08 p.m. Catherine Cherry Recording Secretary 052212 12