HomeMy WebLinkAboutMinutes Council 041797 WorkshopCITY COUNCIL
CITY OF PALM BEACH GARDENS
WORKSHOP MEETING
APRIL 17, 1997
The April 17, 1997, Workshop Meeting of the City Council of the
City of Palm Beach Gardens, Florida, was called to order at 6:30
P.M. in the Council Chambers of the Municipal Complex located
at 10500 North Military Trail, Palm Beach Gardens, Florida; and,
opened with the Pledge of Allegiance to the Flag.
ROLL CALL The Roll was called by the Deputy City Clerk, and the following
elected officials were found to be in attendance: Vice Mayor
Lauren Furtado, Councilwoman Linda Monroe and Councilman
Eric Jablin. Councilman David Clark arrived at 6:40 P.M. and
Mayor Joseph Russo arrived at 6:52 P.M.
ITEM FOR DISCUSSION
Code Enforcement Board Vice Mayor Furtado stated the reason for this Workshop Meeting
was because Councilwoman Monroe, liaison to the Code
Enforcement Board, had asked that the Council have a joint
workshop with that Board to share ideas.
Councilwoman Monroe stated that when the Council liaisons to the
various advisory boards felt there were issues or problems to
discuss they would conduct workshop meetings with those boards.
CITY COUNCIL WORKSHOP MEETING, 4/ -1//97 2
Councilwoman Monroe stated that she has perceived that it has
been very difficult for the members of the Code Enforcement
Board to hear problems from residents and business owners,
however, stated that there was a 2 -part process with code
enforcement. One was to determine whether or not there was a
violation; and, second, if a violation was determined, the board had
to decide what to do about it. Councilwoman Monroe stated that
finding whether or not there was a violation was cut and dry.
Councilwoman Monroe stated that at the last meeting staff became
frustrated because there was an obvious violation, however, the
board could not make that determination. Councilwoman Monroe
stated that she felt the Code Enforcement Board had so much
sympathy for some of those that have violated the Code that they
try to help them find a solution. She stated that she had no
problem with members of the Code Enforcement Board talking on
their own with those found in violation to help them find a
solution, however, did not feel that it was a function of the Board
to find solutions. Councilwoman Monroe stated that if the Board
felt there were problems with certain sections of the Code she
would not mind them providing the Council with that consensus of
the Board.
Councilwoman Monroe stated there have been times at the Code
CITY COUNCIL WORKSHOP MEETING, 4/,x/97 3
Board meetings when questions were asked that were not
appropriate to the violations and gave examples of some of those
questions. Councilwoman Monroe expressed her concern that
there was lack of knowledge among board members regarding
Roberts Rules of Order. Councilwoman Monroe felt that the board
required training with parliamentary procedures, particularly since
the board was a quasi-judicial board.
Councilwoman Monroe stated that during her re- election two years
ago, the number one complaint among residents was that the City
was not enforcing the codes. It was pointed out that the
Neighborhood Initiative Task Force was working on a few changes
to the City's codes, and there may be items strengthened or
weakened, however, the codes presently on the books needed to be
enforced.
Vice Mayor Furtado stated that she thought everything the Code
Enforcement Division and the Code Enforcement Board was trying
to do was good, however, felt that because codes had not been
strictly enforced in the past, it created problems. Vice Mayor
Furtado stated that she felt there should be a resolution or an
attempt at resolution on the part of staff with someone in violation
and felt that the Board was being placed in a very awkward
situation in finding fellow residents in violation. Vice Mayor
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CITY COUNCIL WORKSHOP MEETING, 4//97
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Furtado stated the City Attorney put together information regarding
the use of a special master for code enforcement proceedings. Vice
Mayor Furtado felt that this would be one person instead of several
and felt that this could result in mediation process before a
violation was found and fined.
Code Enforcement Supervisor Byron Pepitone reviewed current
procedures that were followed once a violation was found by staff.
There was a discussion regarding the language used in the
notifications.
There was discussion regarding a recent case where the Board
failed to vote or find in violation playground equipment built in a
backyard that required a building permit. Code Enforcement Chair
Jebb stated that the board felt that a precedent would be set for all
playground equipment should this particular resident be found in
violation. Mrs. Jebb asked if the Board could go out into the City
to look at the violations, however, Mayor Russo stated that the
Codes were specifically written and the Board should not have to
tour the City to decide whether or not there was a violation or not.
Councilman Clark felt that it should be made clear to the Board
how the process worked, feeling that there were concerns on the
part of the Board that the Codes were somehow unfair or improper.
If that was the case, the Board should make recommendations to
CITY COUNCIL WORKSHOP MEETING, 4/39/97 5
the City Council, a process that Councilman Clark felt was an
appropriate function of the Board. Councilman Clark stated that
the Board must to judge on the law as it existed.
City Manager Herakovich reminded the members of the Code
Enforcement Board that they too were subject to the Sunshine Law
and to discuss items among themselves outside a public meeting
would be inappropriate and that it would be appropriate for
individual board members to call the Code Enforcement
Supervisor with any questions prior to a meeting. It was pointed
out that the Board should question staff if there were questions that
are unanswered. Vice Mayor Furtado stated that the Board needed
to rely on staff when they report that there is something that did not
meet code and not try to redetermine themselves if there was in
fact a violation.
Mayor Russo stated that he was not as concerned about the dollar
amount the City would get from fines, but was more concerned that
residents were brought into compliance. Mayor Russo pointed out
that there were some instances, specifically the hatracking of trees,
that should be common knowledge for those in the business of
trimming trees that would deserve a fine. It was pointed out that
the only subjectivity that the Board had was the dollar amount
fined because the laws had to be enforced The Board was
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CITY COUNCIL WORKSHOP MEETING, 4/1797
informed that the only time they could abstain from voting was if
they personally had a conflict of interest.
City Manager Herakovich stated that recently the Neighborhood
Initiative Task Force asked where the code enforcement fine
monies went once collected by the City. Mrs. Herakovich stated
that the amount collected last year was $10,450, partially because
of the $10,000 environmental fine imposed by the Code
Enforcement Board. The annual expenditures to run the Code
Enforcement Department was $44,000. Mrs. Herakovich stated
that the City was not out to make money, but wanted to have the
City look good by having the codes enforced.
Mayor Russo stated that he would like the residents to know that if
they do not come into compliance with the City Codes by the date
specified and they have to go before the Code Enforcement Board,
they would be fined.
Councilman Clark stated that the City Council supported the Code
Enforcement Board in what they do, and that the process was a
very important function in the City; however, the Board had to
make the tough decisions. Councilman Clark added that the City
Council would back the Board on the tough decisions and wanted
them to communicate with the Council if the Board felt there were
problems with specific codes or procedures.
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CITY COUNCIL WORKSHOP MEETING, 41W97
Mayor Russo stated that the Council appreciated the Code
Enforcement Board and felt they had the toughest job of any of the
advisory boards because they had to make decisions that were not
always popular. Mayor Russo stated that some of the Codes
needed corrections, but that residents must be brought into
compliance in a more friendly manner as opposed to bringing
everything to the Board.
City Attorney Carol Wallace stated that the Board would prioritize
issues raised this evening at a future meeting of the Board and
discuss how to solve them.
ADJOURNMENT There being no further business to discuss, the meeting was
adjourned at 7:55 P.M.
CITY COUNCIL WORKSHOP MEETING, 41WI97
APPROVAL
Mayor Joseph R. Russo
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Vice Mayor Lauren Furtado
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C�Omcilman ric Jablin
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Attest:
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Cindy Harvey, Deputy Ci y/Clerk