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HomeMy WebLinkAbout2003-01-16 Special Abatement Hearing City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION SPECIAL ABATEMENT MEETING JANUARY 16, 2003 1. CALL TO ORDER: Mayor Chunn called the meeting to order at 6:00 p.m. 2. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino C.K. McElyea Bob Mikes City Attorney: Tom Ansbro (late) City Manager: Ivan Pato City Clerk: Charlene Johnson 3. ABATEMENT REQUESTS: 3.1 Request Pauline Cray for abatement of Case #CEB00-0503 for property located at 54 SW 15 Street. (Growth Management Director) Laurence Leeds, Growth Management Director, explained that the first time that this case came before the City Commission for abatement Ms. Cray was not able to attend. The original Code fine was approximately $73,000 and the Code Board recommended an abatement to $2,500.00 based on the personal hardship of Ms. Cray and her family. Commissioner McElyea made a motion to abate the fine to $500.00 and thought the amount would cover the City's costs. The motion was seconded by Mayor Chunn. (Motion replaced) At the request of Commissioner Mikes, Mr. Leeds reported that the City's costs involved in the case is between $500.00 to $1,000.00 on a single family home lien and that the fine ran over 365 days. Vice-Mayor Flury thought that the City's costs would have to be more than $1,000 since the fine ran for over a year and she expressed support of the Code Enforcement Board's recommendation to abate the fine to $2,500.00. Commissioner McElyea commented on the history of the property and commended Ms. Cray for her efforts to improve the property. Commissioner Mikes presented a'substitute motion to abate the fine to $1,000.00 with the stipulation that the fine be paid within 60 days. The motion was seconded by Vice-Mayor Flury. ' MINUTES 1 JANUARY 16, 2003 ABATEMENT HEARING The motion passed on the following 4/1 roll call vote: ® Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-no Mayor Chunn-yes Commissioner Mikes-yes 3.2 Sandra Schakenburg Mr. Leeds explained that the fine involves a private road behind the Burger King that was not properly permitted through Broward County Department of Environmental Protection and there was a delay due to the applicant's inability to comply with Broward County's drainage requirements. Michael Thomas, owner of the Springhill Suites Hotel, explained that an easement for the hotel runs across Mr. Schakenburg's land. He advised that the City issued a permit on April 12, 1999 for the road and the road was built the next day. Sometime subsequent to the road being built, Ken Koch advised him verbally that he was required to obtain a Broward County DEP revision to the hotel permit to proceed with development. At the same time, the DEP had some change in jurisdiction with the South Florida Water Management District and there was confusion and delays involved. Mr. Thomas stated that Broward County advised him that the permit was not required, however, in a spirit of cooperation, he continued to try to obtain the Broward County permit. It took 1 '/z years and many thousands of dollars to resolve the permit problem. In January 2002, the Code Enforcement Board proceeded to levy fines of $75 a day against Mr. Schakenburg's property for not having the permit from Broward County. On September 27, 2002, the • South Florida Water Management District approved the revision to their Water Management License and the next day they were issued another permit from the City for the road. Mr. Thomas expressed his frustration and requested abatement of fine. Mr. Leeds advised that the first permit was issued by the City for a temporary road and that an invalid permit was incorrectly issued and the Building Official determined that Broward County DPEP needed to also review the road and issue a permit. Mr. Leeds understood that it did take a great length of time for Mr. Thomas to obtain the Broward County permit and that Mr. Thomas was diligent in trying to obtain the permit. Commissioner Mikes asked if there was work done on the road before the initial permit by the City was issued. Mr. Leeds advised that the road was installed before the permit was issued and then Mr. Thomas was advised to also receive a permit from Broward.County. Commissioner Mikes felt that the City should at least get back its costs and agreed with the Code Board's recommendation to abate the fine to $750.00. Commissioner Bertino mentioned that he is usually opposed to waiving fines, however, in this case, this was not a hardship or danger against a community. The road was an improvement to the area and it increased the values of properties in the areas and he disagreed with imposing any fine against Mr. Thomas. Commissioner Mikes explained that the City has worked with Mr. Thomas in regards to his development and Mr. Thomas did not go through the normal process of installing a billboard without imposing any fines. Commissioner Mikes stated that it is reasonable to collect the minimal amount for staff involvement. r MINUTES 2 JANUARY 16, 2003 ABATEMENT HEARING • Commissioner McElyea stressed the importance of the Building Department providing a check list of items that need to be completed on developments to assist the applicants with the lengthy process and what is involved from other agencies in Broward County. Vice-Mayor Flury clarified that it is important to confirm that Mr. Thomas did start the road before the invalid permit was issued and that the fine abatement to $750 is not unreasonable given the reduction from the original fine of$19,750.00. Mr. Thomas restated his position that he did not believe be should pay any fine. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Flury, to accept the Code Enforcement Board's recommendation to abate the fine to $750.00 with the stipulation that the fine be paid within 60 days. The motion failed on the following 2/3 roll call vote: Commissioner Bertino-no Vice-Mayor Flury-yes Commissioner McElyea-no Mayor Chunn-no Commissioner Mikes-yes A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to abate the fine to zero. The motion passed on the following 3/2 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-no Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-no • 3.3 Margaret Masters Mr. Leeds explained that Patrick Phipps assisted Mrs. Margaret Masters, an elderly women residing at 30 SW 13 Street, who was very helpful in assisting her with complying with the Code Enforcement Board violations. Mr. Patrick Phipps, 31 SW 12 Street, explained how the friendship with the Master's family developed and how he began to try to help the family resolve.the code violations with the property so that Mrs. Masters could remain living with her daughter and son-in-law in Fort Lauderdale. He advised that the family had no money to deal with the compliance problems and that it was agreed that he would go forward with bringing the property into compliance with the potential of purchasing the property for his own family members to live. Mr. Phipps urged the City Commission to reduce the lien to a minimal amount and clarified that he has not purchased the property at this time. Mr. Leeds estimated the City's costs to be around $1,500.00, which would include the majority of staff time. Vice-Mayor Flury pointed out that the property was a mess and there were vagrants living there and this man came forward to bring the property up to code compliance and she has no problem that Mr. Phipps might gain by the purchase of the property. Discussion followed on how long the property was in disarray before Mr. Phipps got involved. MINUTES 3 JANUARY 16, 2003 ABATEMENT HEARING • A motion was made by Vice-Mayor Flury, seconded by Commissioner Mikes, to abate the lien to $2,500.00 with the stipulation that the fine be paid within 60 days. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-no Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 3.4 Jeff Bartlett Attorney Michael Cirullo, Jr. representing Jeff Bartlett, advised that this case involved over growth and trash in the yard, however, it was his opinion that the $40,700.00 (50% of $81,300.00) as recommended by the Code Enforcement Board was excessive. Attorney Cirullo explained that the real problem involved Mr. Bartlett's failure to call for another inspection and that his client has removed all of the overgrowth and now intends on installing a picket fence to improve the property. Attorney Cirullo presented pictures of the property to the City Commission showing the improvements. Attorney Cirullo reiterated that his client spent a lot of money to bring the property into compliance and that his client forgot to call for a reinspection, which is why the fine escalated so high. Commissioner Bertino stressed the importance of property owners being responsible for maintaining investment properties so that there are no adverse impacts against the other property owners in the neighborhood. Commissioner Mikes suggested that a portion of the abatement amount be put back into . improving the property further. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to accept the Code Enforcement Board recommendation to reduce the fine to $40,700.00 based on this being a rental property. The motion died for lack of a second. A motion was made by Vice-Mayor Flury, seconded by Mayor Chunn, to abate the fine to $20,000.00 based on the property having been brought into compliance with the stipulation that a picket fence be placed around the property similar to the fence next door and that the fine be paid within 6 months. The motion passed on the following 3/1 roll call vote with Commissioner McElyea being out of the room: Commissioner Bertino-no Vice-Mayor Flury-yes Commissioner McElyea-out of the room Mayor Chunn-yes Commissioner Mikes-yes 3.5 LES Connie Falzone, Public Works Department, explained that the property in question is a vacant lot. She advised that vacant properties are not fined by the Code Enforcement Board and that these fines are imposed by administration and that they include actual costs. • MINUTES 4 JANUARY 16, 2003 ABATEMENT HEARING Commissioner Bertino had a problem with waiving the fines as the property is a business, • South Broward Cradle Nursery, which owes the State of Florida for various things and that the IRS is also owed money. Commissioner Mikes mentioned that L.E.S. knows the City's procedures and policies on maintaining properties and that the City cannot waive tax payer funds on these types of property problems. Henry Graham, Liberia Economic & Social Development, Inc. and board member of the South Broward Cradle Nursery, introduced Reverend Harris and advised that money is owed by the struggling business because of past individuals that operated the business. Mr. Graham advised that they are having a difficult time making payroll as the nursery is always under enrolled and they agree that the property should be maintained. Mr. Graham did state that they were not always aware of the certified letters mailed out from the City. Mr. Graham advised the L.E.S. would have taken action sooner had they been aware of the lien violations and that the letters were probably signed by staff members that did not forward the information onto him. Connie Falzone advised that Jennifer Brown signed for the certified letters. Reverend Harris identified that Jennifer Brown was the director and that he now has taken action to properly maintain the lot. Vice-Mayor Flury advised that the property could have a lien imposed on it for a lifetime and nothing is going to happen because there is no money to pay the liens and that it would be better to reduce the lien or do something to resolve the problem. • Commissioner Mikes mentioned that the City cannot afford to carry charitable organizations and that the City could see some money if the property was sold. Commissioner Bertino advised that businesses have to run properly and in a business manner. Reverend Harris advised that 29 children are enrolled at the nursery at this time and they are from the ages of 2-5 years old and some are from Dania Beach and some from Hollywood. Reverend Harris stated that they tried to keep the property upgraded and that they were not aware of the extensive fines being imposed and that this was an oversight. A motion was made by Mayor Chunn, after passing the gavel, seconded by Vice-Mayor Flury, to reduce the fine by 50% of$3,983.75 for a total due of$1,991.88. A substitute motion was stated by Commissioner Mikes, seconded by Vice-Mayor Flury, after passing the gavel, to reduce the fine by 1/3 of $3,983.75 for a total due of $1,327.92 to be paid within 60 days. The motion passed on the following 3/1 roll call vote with Commissioner McElyea being out of the room: Commissioner Bertino-no Vice-Mayor Flury-yes Commissioner McElyea-out of the room Mayor Chunn-yes Commissioner Mikes-yes 3.6 Abraham Padavathil MINUTES 5 JANUARY 16, 2003 ABATEMENT HEARING Laurence Leeds, Growth Management Director, explained that trash had accumulated • outside a dumpster and the Code Board recommended denying the abatement request. Mr. Abraham Padavathil advised that the property was not in violation for more than two days and the he attempted to take care of the property and that he has had problems renting the property. Mr. Padavathil explained that people dump on the property, which is beyond his control. Vice-Mayor Flury clarified that the property is a repeat violation. Commissioner Bertino stressed the importance of taking care of the property, which imposes an adverse impact on the surrounding community. He disagreed with abating the lien. A substitute motion was stated by Commissioner Mikes, seconded by Vice-Mayor Flury, to deny the abatement request and that the fine be paid within 60 days. The motion passed on the following 4/0 roll call vote with Commissioner McElyea being out of the room: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-out of the room Mayor Chunn-yes Commissioner Mikes-yes ELECTIONS DISCUSSION: Commissioner Mikes mentioned that the City is one of the two cities currently holding a ® Primary Election and that he sent a letter to the Governor asking that they send people to oversee Miriam Oliphant's Office, Supervisor of Elections, on the upcoming elections. City Manager Pato advised that the Governor is expected to intervene no later than this weekend and that this could include a suspension or out right firing of Miriam Oliphant. City Manager Pato advised that he is working with City Clerk Johnson to make plans to ensure that the City's elections are successful and that the manufacturer of the voting equipment may also provide additional assistance. CODE BOARD ABATEMENTS: Commissioner Bertino explained the extensive time it takes for the code violations to be heard before the Code Enforcement Board and the adverse press that the City Commission gets when trying to make people comply with Code violations. He recommended that the abatement requests be left at the discretion of the Code Board. Vice-Mayor Flury thought it was a total waste of time for the City Commission to rehear the cases that have already been heard at the Code Enforcement Board level. Commissioner Mikes mentioned that previous Commissioner, Jim Cali, thought that the City could gain tremendous revenue by collecting on Code Enforcement fines and the City is trying to get compliance. The City is trying to send a message to rental properties that properties must be maintained. • Commissioner Bertino requested that the issue be placed on the January 28 regular Commission agenda. MINUTES 6 JANUARY 16, 2003 ABATEMENT HEARING 4. ADJOURNMENT: • This meeting adjourned at 7:21 p.m. BOB AN ON MAYOR-COMMISSIONER AT EST: a CHARLENE JO ON CITY CLERK APPROVED: May 28, 2003 • MINUTES 7 JANUARY 16, 2003 ABATEMENT HEARING