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HomeMy WebLinkAbout1340 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION SPECIAL MEETING MAY 16, 2002 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 (arrived at 6:09 p.m.) C.K. McElyea Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson 3. ABATEMENT REQUESTS: City Attorney Ansbro advised the public that the. City Commission would not be rehearing the cases at this meeting and that the minutes of the Code Enforcement Board hearings captured all relevant details relating to the cases. The public was encouraged to confine remarks presented tonight to the requests surrounding the reduction in the fines. 3.1 Request by Zdenka Slomovic for abatement of two (2) lot mowing liens for debris removal for property located at 5024 SW 28 Terrace. City Attorney Ansbro advised that he had received a phone call from Mrs. Slomovic yesterday and that she had expressed her intentions for attending the meeting tonight. Mayor Chunn continued with the agenda to allow more time for Mrs. Slomovic to arrive. After Item 3.11 was heard, Mrs. Slomovic was still not present and the City Commission generally agreed to leave the liens in full force. 3.2 Request by John H. & Mary A. Waite, for abatement of CEB 95-0063 for property located at 1425 NW 8 Street. Attorney Joel Gustafson, representing Mr. & Mrs. Waite, explained that the Waite's had been cited in 1995 for two violations; an abandoned vehicle that did not have a current registration and a broken pool pump. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, to accept the recommendation of the Code Enforcement Board and abate the lien to $6,000.00. 0 MINUTES 1 MAY 16, 2002 SPECIAL MEETING Commissioner McElyea and Commissioner Mikes urged the City Commission to ® consider the community service and efforts to upgrade the property that has been provided by the applicants. After further discussion, the motion and second were withdrawn. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to abate the lien to $1,000.00 to cover the City's administrative costs based on the applicant's efforts to improve the property. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 3.3 Request by Uwenda Jones, for abatement of CEB 99-0323 for property located at 224 SW 2 Avenue. Terry Thomas, representing Uwenda Jones, advised that Ms. Jones was unable to maintain the rental properties due to circumstances surrounding a recent divorce and her grandfather's illness. Mr. Thomas advised that both properties were brought into compliance and that Ms. Jones does not have the money and would need time to pay the recommended abatement of$10,000. Commissioner Mikes asked whether the carport was going to be replaced or repaired. Mr. Thomas advised that he removed the carport about three weeks ago and that they plan to install a canopy. Mr. Thomas advised that both properties are rentals and that they plan on installing a sprinkler system and new roof on the other unit. Commissioner Bertino stressed the importance of landlords to sell rental properties that they cannot maintain due to the adverse impact on the neighborhoods. Mr. Thomas advised that he lives in Hollywood and that he would be helping Ms. Jones, who lives in Delray Beach, to maintain the properties. Commissioner McElyea recommended approval of the $10,000 abatement with the understanding that the City's costs of $1,000 would be taken from the first unit and that the applicants would provide repair receipts showing improvements to the second unit. Laurence Leeds, Growth Management Director, explained that the City Commission has, in the past, required the entire lien amount up front. After the applicant presents repair receipts showing that improvements in the amount of the liens have improved the property, the Building Department would the reimburse the funds with the exception of the City's $1,000 administrative costs. Mr. Leeds added that a time frame is also provided for the repairs to be made to the property. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to accept the recommendation of the Code Board and abate the lien to $10,000.00. The motion failed on the following 1/4 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-no Commissioner McElyea-no Mayor Chunn-no Commissioner Mikes-no MINUTES 2 MAY 16, 2002 SPECIAL MEETING ® A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, to accept the recommendation of the Code Enforcement board to abate the lien to $10,000 subject to the following: (1) The $10,000 must be paid up front within 90 days; (2) A refund of $5,000 would be considered upon successful reconstruction of the carport within six months and the carport passing final Code inspection; (3) All improvements to the property must be completed before selling the property. 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 Item 3.4 was heard after Item 3.3 and again after Item 3.11. 3.4 Request by Bessie & Sandra McCutcheon, for abatement of CEB 99-0397 for property located at 601 NW 3 Terrace. The City Commission generally agreed that they can take action whether or not the applicants are present and that they would come back to this item later in the meeting. After Item 3.11, the applicants were not present and Laurence Leeds, Growth Management Director, read a letter into the record from Attorney Josh Pinsky, Ryan & Ryan, P.A., dated May 14. The letter related to a mortgage foreclosure, which removes the enforcement of the City's lien, and Quiet Title action that could be pursued by the applicant to pursue a judgment in court to clear the title. However, the current owner requested to pay an abated lien amount and obtain a Satisfaction of Lien, in lieu of paying attorney and court costs to pursue court proceedings. Mr. Leeds advised that Attorney Ryan's office recommended an abatement of $1,500.00 and recording of a Satisfaction of Lien since the property complies with Code. Mr. Leeds agreed to have the stonehenge structure in the rear of the property inspected by Ken Koch, Building Official and to follow up with Attorney Pinsky to see if the applicant could rebuild or remove the carport before the City Commission addresses the request. It was noted that the request could be included on a regular meeting agenda. Item 4 was heard after Item 3.4. 3.5 Request by George S. Green, for abatement of CEB00-0553 for property located at 338 SW 15 Street. George Green came forward to request an abatement of the fines and mentioned that he had presented a letter to staff. Mr. Green advised that all repairs have been made. Commissioner Bertino mentioned that the Code Enforcement Board goes through a lot of work dealing with these lien cases and recommended that the City Commission be stringent in its actions to uphold the recommendations of the board, unless extenuating circumstances can be presented. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, ® accepting the recommendation of the Code Enforcement Board to deny the abatement MINUTES 3 MAY 16, 2002 SPECIAL MEETING request and enforcing the $16,200.00 lien that is owed. The motion failed on the ® following 2/3 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-no Commissioner McElyea-no Mayor Chunn-no Commissioner Mikes-yes Mr. Leeds read a portion of the letter presented by Mr. Green asking that the fines be reduced to the filing costs of$200 and a maximum of$3,000. A motion was made by Vice-Mayor Flury, seconded by Commissioner Mikes, abating the lien to $10,000.00. 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 3.6 Request by Uwenda P. Jones, for abatement of CEB 00-0646 for property located at 301 NW 4 Avenue. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, accepting the Code Board's recommendation to abate the lien to $5,000.00 within 90 days. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes • Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 3.7 Request by Samiyeh, Inc., for abatement of CEB 00-0693 for property located at 348 SW 13 Street. Attorney Michael Schneider, representing Mona Nasser, mentioned that once the petitioners were aware of the liens they complied with the Code Enforcement violations and made additional improvements to the property. Mr. Schneider advised that he met with Chief Cowart, BSO, and learned that the property had been a law enforcement problem. Attorney Schneider advised that Mrs. Nasser agrees to allowing police presence at the location and providing an office with a phone and bathroom facilities at the site for a BSO Substation. Mona Nasser apologized for the problems that were encountered and stated that she had no idea of the severity of the problems and that the tenant was not cooperative with her over a four year period. Mrs. Nasser stated that she does not live in Dania Beach and that she resides in Coral Springs. Commissioner Bertino was dissatisfied that Ms. Nasser did not maintain the property for four years and pointed out the negative impact that has been imposed on the City when landlords do not take care of their properties. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, accepting the Code Board's recommendation to deny the abatement request. The • motion passed on the following 5/0 roll call vote: MINUTES 4 MAY 16, 2002 SPECIAL MEETING • Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 3.8 Request by George S. Green, for abatement of CEB 01-0159.for property located at 338 SW 15 Street. Mr. Green requested consideration of reducing the lien as outlined the letter presented by Mr. Leeds under Item 3.5. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to accept the Code Enforcement Board's recommendation to deny the abatement request. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 3.9 Request by Guislain S. Lavoie, for abatement of #1162 for property located at 236 SW 12 Street. Mrs. Lavoie requested a reduction to $2,000. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to ® accept the Code Enforcement Board's recommendation to abate the lien to $2,000.00 with the understanding that the lien be paid within 60 days. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 3.10 Request by Liberty Real Estate, for abatement of #1962 for property located at 1501 SW 2 Avenue. City Clerk Johnson advised that Liberty Real Estate had called and requested a continuance to the next meeting scheduled to be held in mid July. Commissioner Bertino clarified with Attorney Ansbro that the City Commission does not have to grant a continuance on the abatement requests. Commissioner Mikes stated that he would like to hear from Liberty Real Estate before a decision was made since he had heard that they made several repairs and improvements to the property. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to accept the Code Enforcement Board's recommendation to deny the abatement request. The motion passed on the following 4/1 roll call vote: • Commissioner Bertino-yes Vice-Mayor Flury-yes MINUTES 5 MAY 16, 2002 SPECIAL MEETING N Commissioner McElyea-yes Mayor Chunn-yes ® Commissioner Mikes-no Commissioner Bertino made a motion to refuse reconsideration of the abatement requests once the City Commission takes action. The motion failed for lack of a second. City Attorney Ansbro advised that a City Commissioner, on the prevailing side, could request to add a lien reconsideration on the next agenda. Commissioner Mikes agreed that a hard line should be taken on many of the Code Enforcement abatement requests, however, he pointed out that past actions almost took a couple's home away who had later proven they had extensive medical problems. He advised that any City Commissioner can add an item to any agenda and that reconsiderations should be permitted for inclusion on agenda as long as a City Commissioner is requesting the item. 3.11 Request by staff to waive all liens for recently acquired property from Broward County for non payment of taxes (College Tract 19-9 Lot 15 Block 2 Folio #1203-34- 0210). City Clerk Johnson explained that the vacant lot had previously been turned over to the City for non-payment of taxes and that the City Commission would need to take action to remove the liens so that a Satisfaction of Lien could be processed. Commissioner Bertino recommended that the extensive lien amounts be retained on these types of vacant lots so that the City receives the amount of revenue to cover the liens when the property is sold in the future. City Clerk Johnson advised that the lien information would be retained in her property files. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Flury, to waive all lot mowing and debris removal liens and recording costs and directing staff to record a Satisfaction of Lien on the parcel. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes Item 3.1 and 3.4 was addressed again after Item 3.11. Item 4 was heard after Item 3.4. 4. Adjournment. Mayor Chunn suggested that the City Commission consider holding only one City Commission meeting in July due the budget sessions. City Manager Pato advised that July slows down for people on vacation. Commissioner Mikes suggested to wait a few weeks to determine staff work load and • recommended that the City Manager present the budget material to the City Commissioners earlier than usual. Commissioner Mikes stressed the importance of MINUTES 6 MAY 16, 2002 SPECIAL MEETING being ready for the budget since this is the first budget that includes the newly annexed area, which has changed the City's population and demographics. Commissioner Bertino agreed that the budget information should be prepared well in advance of the budget workshops especially now that Dave Keller, Finance Director, has gone back to the City of Hollywood. This meeting was adjourned at 7:10 p.m. - I I I r RO T H. CHUNN JR. MAY R-COMMISSIONER ATT ST: ARLENE J NSON CITY CLERK APPROVED ON: MAY 28, 2002 • MINUTES 7 MAY 16, 2002 SPECIAL MEETING