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Home My WebLink About1358 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION SPECIAL MEETING SEPTEMBER 19, 2002 1. CALL TO ORDER Mayor Chunn called the meeting to order at 6:05 p.m. 2. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Commissioners: John Bertino C.K. McElyea City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson Absent: Vice-Mayor: Pat Flury (Excused) Commissioner: Bob Mikes (Excused) A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, to excuse Vice Mayor Flury and Commissioner Mikes from this meeting. The motion passed on the following 3/0 roll call vote. Commissioner Bertino-yes Commissioner McElyea-yes Mayor Chunn-yes 3. ABATEMENT REQUESTS: 3.1 Request by Gunray Latchman for abatement of all three (3) lot mowing liens for debris removal for vacant lot (Folio #1203-34-0090). (Public Works Director) Gunray Latchman advised that he was not aware that liens existed against the property and that he had spoken with previous Acting City Manager Jason Nunemaker last year. Mr. Latchman stated that he has been mowing and cleaning the property and urged the City Commission to waive all liens. Commissioner McElyea advised that since Mr. Latchman purchased the property in 1989 the liens were incurred after he purchased the property and that it was Mr. Latchman's responsibility to maintain the property. Mr. Latchman agreed that he did receive letters from the City, however, he thought the letters were only notices informing him to cut the grass. Mr. Latchman stated that the City did not wait the full 10 days for him to cut the grass and that he only owns one property on Phippen Road. MINUTES 1 SEPTEMBER 19, 2002 SPECIAL MEETING A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to deny the abatement request. The motion passed on the following 3/0 roll call vote. Commissioner Bertino-yes Commissioner McElyea-yes Mayor Chunn-yes 3.2 Request by Maryann Smith, previous owners E&S Construction, for abatement of recording and/or interest charges on four (4) lot mowing liens for debris removal. Property has since been sold to Alfred Brown who has built a Single Family home on property located at 230 NW 7t" Avenue (Folio #0234-01-0610). (Public Works Director) Maryann Smith, on behalf of E&S Construction, explained that E&S Construction was a small family-owned company that has built several single family homes, duplexes and a church in the City. She advised that a lawn mowing service was hired to maintain the property and when notices were received they notified the lawn service, however, they failed to follow up. Ms. Smith reported that a single family home was recently built on the vacant lot for one of the company's subcontractors. Ms. , Smith expressed the company's desire to pay the full lien amounts, however, she requested consideration from the City Commission on a waiver of the recording and interest charges based on medical problems that have been encountered. Mayor Chunn recommended consideration of reducing the amount by 50% based on the good work that E&S has done for the City. After clarification with Attorney Ansbro, a motion was made by Commissioner McElyea, seconded by Commissioner Bertino, to deny the abatement request. The motion passed on the following 2/1 roll call vote. Commissioner Bertino-yes Commissioner McElyea-yes Mayor Chunn-no 3.3 Request by Margaret Masters for abatement of CEB 00-0625 for property located at 30 SW 13 Street. (Growth Management Director) Patrick Phipps, 30 SW 12t" Street, explained that he lives behind the subject property owned by Margaret Masters, an elderly woman who was unable to maintain the property due to health problems. Mr. Phipps explained his desire to purchase the home and bring it up to Code compliance for his family to live in. Mr. Phipps stated that liens amounted to over $87,100 and that the Code Enforcement Board recommended abating the liens to $10,000 based on the owner not being properly notified. Mr. Phipps mentioned his efforts to improve the property and advised that the house is currently boarded up. 40 MINUTES 2 SEPTEMBER 19, 2002 SPECIAL MEETING Mr. Leeds agreed that the home is currently boarded up and clarified that there was proper notice, however, Mrs. Masters was in poor health and unable to maintain the home. Mr. Leeds advised that the zoning in duplex, however, the property is a single family use and he was of the opinion that removing the boards and having someone live in the home would be beneficial to the City. Commissioner Bertino questioned Mr. Phipps on whether or not he was going to live in the home or sell his current residence. Mr. Phipps stated that he intended on purchasing the home and bringing his family from California to live in the home and that he would remain in his current residence. Mr. Leeds advised that the Code problems have been addressed and that Mrs. Masters had personal hardship in maintaining the home. Commissioner Bertino stated that a single family lot would be worth $30,000 to $40,000 alone in the area and that the City could foreclose and resell the property. A motion was made by Mayor Chunn, after passing the gavel to Commissioner Bertino, to approve the $10,000 abatement request. The motion died for lack of a second. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to abate the liens to $50,000. The motion passed on the following 2/1 roll call vote. Commissioner Bertino-yes Commissioner McElyea-yes Mayor Chunn-no 3.4 Request by Brian Campbell for abatement of CEB 02-2647 for property located at 2321 SW 44 Street. (Growth Management Director) Gregg Campbell, father of Brian Campbell, advised that the property was cited on June 13 to remove unlicensed boats and debris and trash. On June 17, he called Code Enforcement and left a message for the Code Officer that the boats were gone and that the debris and trash was cleaned up and that he was dodging rain storms in an effort to mow the grass. Mr. Campbell advised that he did not hear any further communication until July 15th when a notice of formal hearing before the Code Enforcement Board was received. Mr. Campbell stated that the vines on the fence separating his property from the neighbors is not entirely his responsibility even though he sprayed herbicide to end the problem. Mr. Campbell requested consideration on abating the liens based on his son, Brian and himself having medical problems and being on fixed incomes and without any discretionary funds to pay the liens. Laurence Leeds, Growth Management Director, stated that the Code Enforcement Board found that proper notice was accomplished and that this was a repeat violation. Mr. Leeds pointed out that there is no need to rehear the case as it was previously addressed at the Code Enforcement Board level. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to deny the abatement request. The motion passed on the following 2/1 roll call vote. • MINUTES 3 SEPTEMBER 19, 2002 SPECIAL MEETING 1 Commissioner Bertino-yes Commissioner McElyea-yes Mayor Chunn-no 3.5 Request Bessie M. and Sandra McCutcheon for abatement of CEB99-0365 for property located at 350 SW 4 Court. (Growth Management Director) Bessie McCutcheon stated that she was not aware of the lien problems and that she does not have the money to pay the liens and requested consideration for a waiver. Commissioner Bertino clarified with Mr. Leeds that the Code Enforcement Board recommended denial. Mr. Leeds stated that the violations were for outdoor storage of junk and materials and that the fines amounted to $43,500. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to deny the abatement request. The motion passed on the following 2/1 roll call vote. Commissioner Bertino-yes Commissioner McElyea-yes Mayor Chunn-no 3.6 Update on non-payment of previously approved abatement (July 10, 2002) to $6,000 for Shirley Blackie for property located at 25 NW 5 Avenue. (City Clerk) Charlene Johnson, City Clerk, advised the City Commission that Juliana Finley, on • behalf of Shirley Blackie, was unable to close on the property in mid-August to pay the $6,000 owed the City. Ms. Finley has since received another purchase contract from Bob Bludau who is scheduled to close on the property October 15. Laurence Leeds, Growth Management Director, clarified that the property was previously used as an Adult Congregate Living Facility (ACLF) and that the Occupational License for the use has expired. Mr. Leeds stated that he must conduct further review of the property as the property may only be used for one or two single family homes and that Mr. Bludau should be aware of the use prior to purchasing the property. City Attorney Ansbro stated that since the $6,000 was not paid within 30 days after July 10t , the lien amount reverts back to the original amount of some $14,000, unless the City Commission chooses to extend to October 15. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to extend the closing to October 15 with 12% interest charges being calculated back to July 10 and with the understanding that the property can only be used for one (1) single family dwelling unit. The motion passed on the following 3/0 roll call vote. Commissioner Bertino-yes Commissioner McElyea-yes Mayor Chunn-yes • MINUTES 4 SEPTEMBER 19, 2002 SPECIAL MEETING 3.7 Request by staff to waive all liens filed against recently acquired property as a . result of foreclosure_actions by Ryan & Ryan for Unsafe Structure and several lot mowing liens for property located at 225 NW 6 Avenue. (City Clerk) City Clerk Johnson advised that the property has been turned over to the City as a result of foreclosure actions by Attorney Ryan's office. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to waive all liens filed against the property as requested by staff. The motion passed on the following 3/0 roll call vote. Commissioner Bertino-yes Commissioner McElyea-yes Mayor Chunn-yes 4. ADJOURNMENT. This meeting adjourned at 6:40 p.m. / RO ERT H. CHUNN, JR. MA OR �S • CHARLENE NSON CITY CLERK Approved: October 8, 2002 i MINUTES 5 SEPTEMBER 19, 2002 SPECIAL MEETING