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Home My WebLink About31 - MINUTES - City Commission MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MAY 1812006 - 6:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino—arrived at 6:02 p.m. Anne Castro C.K. McElyea City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Chris Ryan Absent: City Manager: Ivan Pato Teddy Perez, Code Enforcement Inspector, introduced himself to the Commission. 3. Abatement Requests 3.1 Request by Harold Eugene Acree for consideration of abatement for Case 4CEB01- 0165, for property located at 42 SW 4`" Avenue (#0234-01-3060) Attorney Chris Ryan advised this property was originally cited in 2001 for one violation on the property. The fine ran for 1,675 days for a total of$235,150.00, including recording fees. The property is currently in an estate because Mr. Acree is deceased. The property was Mr. Acree's homestead property and there are limited assets in the estate. The Special Magistrate recommended abatement to $3,000.00 because it is homestead property. He advised the Commission that homestead property is exempt from the claims of creditors by Florida Law. He indicated if the City proceeded with foreclosure action they would not receive any money, and it would be beneficial to recuperate the $3,000.00. 0 • Commissioner Bertino motioned to accept the Special Magistrate's recommendation to abate the fine to $3,000.00; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 3.2 Request by Christine Taylor Est. % Jacquelene I. Kurland, for consideration of abatement for Case #03-5807, for property located at 31 NW 14`" Court (#0233-13- 0130) (Continued from March 16, 2006) Attorney Chris Ryan advised there were originally 6 violations, but only 4 remained. The violation ran for 576 days for a total of$40,420.00, including recording fees. Phyllis Taylor, PO Box 330087, Miami Florida, 33233, lives in Coconut Grove. She advised prior to her knowledge, her mother was handling the situation but she became ill and after her death, she found out about the property. She stated she did not know the property was in this condition, but when she became aware, she worked with Will Dubisky in Code Enforcement to rectify the violations. Her elderly uncle and brother live on the property. The property is currently in Probate Court. • Attorney Ryan was not aware that this was homestead property. Ms. Taylor clarified that her mother died in 1998. Commissioner Bertino motioned to deny the abatement, and that the original fine remains; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea No 3.3 Request by Shawn McCutcheon for consideration of the Final Settlement Agreement for Case #CEB00-0666, for vacant property described as Lot 200 Block of NW I" Avenue (#0234-01-0120) Attorney Chris Ryan advised the City and Shawn McCutcheon entered into a Final Settlement Agreement with an agreed payment by Shawn McCutcheon to the City of$12,500.00 to satisfy the lien. The City Commission approved the Settlement Agreement on January 19, 2006, and payment was due from Shawn McCutcheon by February 20, 2006. The property subject to the City's lien has not yet closed on the real estate sale and payment was not made to the City by February 20, 2006. • Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, May 18,2006—6:00 p.m. • Attorney Chris Ryan recommended that Shawn McCutcheon be required to pay the City $13,500.00 in settlement of the lien, with payment due no later than June 10, 2006. Commissioner McElyea motioned to approve the Settlement Agreement of$13,500.00,with payment due no later than June 10, 2006; seconded by Commissioner Castro. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton No Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes City Attorney Ansbro reported that we received $75,000 on a foreclosure case. 4. Adjournment Mayor Flury adjourned the meeting at 6:31 p.m. CITY OF DANIA BEACH • ATTEST: _ PATRICIA FLURY MAYOR—COMMISSIONER LOUISE STILSON, CMC CITY CLERK Approved: June 13, 2006 • Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, May 18, 2006—6:00 p.m.