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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 Iq CITY COUNCIL WORKSHOP MEETING, 4//97 4 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 11" 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. C� 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 J' -gip Vice Mayor Lauren Furtado .clune4fwqm coda Monroe C�Omcilman ric Jablin ^—C-mmf-ilman T- dark Attest: 7 Cindy Harvey, Deputy Ci y/Clerk