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Home My WebLink About2002-11-21 Special Meeting Abatement Hearing City Commission Meeting Minutes MINUTES ANIA BEACH CITY COMMISSION SPECIAL MEETING ABATEMENT HEARINGS NOVEM ER 21 , 2002 1. CALL TO ORDER Mayor Chunn called the meeting to order 6:00 p.m. 2. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino C.K. McElyea City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson Absent: Commissioner: Bob Mikes (arrived at 6:15 p.m.) A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, excusing Commissioner Mikes from this meeting. The motion passed on the following 4/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes 3. ABATEMENT REQUESTS: 3.1 Request by Sandra Schakenburg, RK Company, for abatement of CEB00-0547 for property located at 151 SW 18 Avenue. (Growth Management Director) Laurence Leeds, Growth Management Director, reported that the applicant requested a continuance to the next Abatement Hearing Meeting. A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, continuing CEB00-0547 to the January 16, 2003, Abatement Hearing Meeting as requested by Sandra Schakenburg . The motion passed on the following 4/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes MINUTES -ABATEMENTS 1 NOVEMBER 21, 2002 SPECIAL MEETING ® 3.2 Request by Abraham T. & Cindy Padavathil for abatement of Case #02-2646 for property located at 42 SW 14 Street. (Growth Management Director) Due to the absence of the applicant, Laurence Leeds, Growth Management Director, advised that the applicant was notified of the meeting and inquired with Attorney Ansbro as to whether or not the Commission was legally allowed to take action without the applicant being present. City Attorney Ansbro advised that the prior actions of the Code Enforcement Board would stand should the City Commission not take any action. The Commission did not take any action. 3.3 Request by George S. Green for abatement of Case #02-3053 for property located at 338 SW 15 Street. (Growth Management Director) George Green advised that the vehicle in question had been removed from his property prior to the September Code Enforcement Board meeting. Laurence Leeds, Growth Management Director, explained that Mr. Green was cited for a broken down car at the site and that the Code Enforcement Board recommended abatement from $2800 to $2400 because the vehicle had been removed. Mr. Leeds confirmed that Mr. Green is a repeat violator for the offense because other vehicles have also been tagged at the property in the past. • Mr. Green requested a further reduction in the fine as he thought he had followed the Code Enforcement Board requirements. He explained that the vehicle in question belonged to a person renting the apartment next door and it was a racing car on a trailer. He further explained that the Code Enforcement Officer had advised him that a license tag was required on both the trailer and the car and the renter then moved the trailer and the car. Mayor Chunn was agreeable to making a motion reducing the fine by 50%. The motion died for lack of second. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to uphold the action of the Code Enforcement Board. The motion passed on the following 3/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-no 3.4 Request by staff to waive all City liens assessed against property acquired through foreclosure actions located on Dixie Highway & Sheridan Street. Folio #1203- 15-0030 with City I.D. #44 (City Clerk) City Clerk Johnson explained that the property had been acquired through foreclosure action and has been identified for possible sale as a surplus property. She mentioned that Attorney Tim Ryan was notified and has no problem with removing the liens to clear • the title for future action. MINUTES -ABATEMENTS 2 NOVEMBER 21, 2002 SPECIAL MEETING • Commissioner Bertino pointed out that the City entered into a Settlement Agreement with the Hospital District for the property aka/ Nassau Big Daddy property located at Sheridan Street and Dixie Highway. He mentioned that there is also a third party who is involved and that the proceeds of the property would be distributed amongst the City, the Hospital District and the third party. City Attorney Ansbro advised that the property can now be sold under the new Surplus Property Ordinance as discussed on October 10th and a Quite Title action will be handled by Attorney Tim Ryan. The waiver of the liens will prepare the property for resale. 6:15 p.m. -Commissioner Mikes arrived. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, waiving all City liens as requested by staff. 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 4. SPECIAL EVENT: 4.1 Consideration of special event and issuance of permit to erect temporary tent (30x50) for the month of December 2002 for revival to be held at Northwest corner of NW 1 st Street and NW 5th Avenue. (Staff) • Laurence Leeds, Growth Management Director, explained that the original location for the temporary tent was the Northwest corner of 51h Avenue and 1st Street and that the new location is the Southeast corner of 1st Street and SW 51h Avenue, directly south of Ch bbs Lounge. This is a Special Event for 30 days in December. Mr. Leeds expressed concern for parking and lighting at the site and thought noise from revival music might also be a concern. He mentioned that the last time the City granted a ministry revival was on a 7-acre site owned by Clinton Hill for property located on Stirling Road, which provided ample parking and room. Reverend Hoskins requested consideration and approval for the issuance of a permit for the temporary tent. He clarified that he lives on 7th Avenue in Dania Beach with his wife, who is related to the Walker family. Reverend Hoskins explained his distress with the cri'e that has occurred near his residence and expected the revival to bring a positive influence to the people living in the area. Reverend Hoskins explained that a small (30x50') tent would be erected and that around 100 to 150 people per night were expected. He agreed to cooperate with the City in any way and advised that temporary bathroom facilities, property clean up, and traffic control would be provided. Reverend Hoskins requested to begin the revival at 7:00 p.m. and end no later than 11:00 p.m. He me tioned that other churches in the area are being contacted and encouraged to par licipate in the revival event. Mayor Chunn was supportive of the revival and the Walker Family. Commissioner McElyea supported the event as long as all building department req irements are met. MINUTES -ABATEMENTS 3 NOVEMBER 21, 2002 SPECIAL MEETING Commissioner Bertino supported the event and agreed that all safety concerns should . be considered. He was concerned with the small size of the site and recommended that Reverend Hoskins agree to move to a larger site should the revival become so popular to require relocation. Reverend Hoskins agreed. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the permit for a Temporary Tent (30x50") subject to: (1) All Building and Fire Department inspections and requirements be met; (2) Applicant agrees to provide BSO deputies should City staff determine that there is a need for traffic control; (3) Applicant agrees to move the revival to a larger site should there become a need; (4) Applicant shall provide a Certificate of Insurance showing the City as "additional insured" prior to the event; (5) Revival shall be for the month of December with opening at 7:00 p.m. and closing at 11:00 p.m. 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 Discussion: Vice-Mayor Flury advised that the City Commission received a letter from Patrick Phipps for 30 SW 13th. Street in regards to a Code Enforcement Board fine that escalated to $100,000 that was abated to $50,000. Vice-Mayor Flury mentioned that the owner is an 85 year old woman and that Mr. Phipps helped the lady bring the property into Code compliance. She asked whether or not the City Commission would like to reconsider the case for the January 16 Abatement Hearing. Mayor Chunn, Commissioner Mikes, and Commissioner McElyea agreed to reconsider. Mr. Leeds advised that Mr. Phipps did take care of the house located next to his residence because the owner was not able to maintain the home and. He mentioned that Mr. Phipps brought the house up to compliance and that the Code Enforcement Board recommended reducing the fine from $100,000 to $10,000 because of Mr. Phipps' commitment to the property. Mr. Leeds encouraged reconsideration. City Clerk Johnson confirmed with the City Commission that January 16, 2003, at 6:00 p.m. would be the next scheduled Abatement Hearings. 5. ADJOURNMENT. This meeting adjourned at 6:30 p.m. ROB T H. CHUNN, M OR ATTEST: CHARLENE JO SON CITY CLERK APPROVED: January 14, 2003 MINUTES -ABATEMENTS 4 NOVEMBER 21, 2002 SPECIAL MEETING