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Home My WebLink About2013-01-17 Abatement Hearing City Commission Meeting Minutes MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 17, 2013 — 6:00 P.M. 1. Call to Order Mayor Duke called the meeting to order at 6:00 .m. Y g P 2. Roll Call Present: Mayor: Walter B. Duke, III Vice-Mayor: Albert C. Jones Commissioners: Chickie Brandimarte Patricia A. Flury Asst. City Manager: Colin Donnelly City Attorney: Thomas J. Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Commissioner: Bobbie H. Grace Vice-Mayor Jones motioned to excuse the absence of Commissioner Grace; seconded by Commissioner Flury. The motion carried unanimously. 3. Abatement Requests 3.1 Consideration of the abatement request for Bruce Kodner, for a Public Services sidewalk replacement lien for property located at 112 NW 1 Avenue, Case #05-0962 (Folio #0234-01-1540) Nick Lupo, Code Compliance Manager, noted this involves a violation for sidewalk maintenance and repairs. The cost of the repair was $3,900.00, with the owner's share totaling $1,950.00 under the City's 50150 Plan. The owner's share was not paid and the total cost of the sidewalk repair was recorded as a lien. The fine ran for 2,611 days for a total of$7,340.17, including an administration fee of $90.00. The Public Services Director recommends an abatement of $2,040.00. Commissioner Brandimarte motioned to abate the lien to $2,040.00, as recommended by the Public Services Director, to be paid in 5 days; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Duke Yes Commissioner Grace Absent 3.2 Consideration of the abatement request for Walgreen Company #03002, Tax Department, for property located at 202 S Federal Highway, Case #11-0209 (Folio #1203-02-0010) Attorney Ryan noted this case involved one violation for paving and asphalt repairs done without the required permit. The fine ran for 146 days for a total of$22,154.00, including recording and administration fees. The Special Magistrate recommended an abatement of $5,000.00. At the November 15, 2012 Abatement Hearing, Commissioner Duke suggested the abatement money be spent on landscaping to improve the appearance of the property, as opposed to the money being paid to the City; therefore,the case was continued until this meeting. Nick Lupo, Code Compliance Manager, noted that a site plan has been submitted, and staff is recommending an additional reduction of$2,500.00, in addition to the landscaping requirement. The plan submitted meets the City's landscaping requirements, and Walgreen will always be required to maintain what is on the plan. Commissioner Flury recommended that the Commission review the plans submitted. Vice-Mayor Jones motioned to reduce the lien to $2,500.00, subject to landscape plan review by the Commission; seconded by Commissioner Brandimarte. Steven Zelkowitz, Managing Shareholder of Gray Robinson PA, representing Walgreen Company, noted the cost proposal for the work is $5,525.00, and that is the amount they would like to have approved as the abatement. Vice-Mayor Jones clarified the motion is to reduce the lien to $2,500.00, and for Walgreen to proceed with the landscape plan, subject to review by the Commission, and for Walgreen to pay the $5,525.00 cost for the landscaping; seconded by Commissioner Brandimarte. The motion carried on the following 4-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Duke Yes Commissioner Grace Absent Mayor Duke noted the Commissioners will be in touch with Mr. Lupo to review the landscape plan at their discretion, and if they don't, by their silence he can assume that they are fine with it and we trust his judgment on it. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,January 17,2013—6:00 p.m. 3.3 Approval of the settlement received for James Newbold for property located at 716 SW 7 Terrace, Case#98-1053 (Folio #1203-34-0660) Attorney Ryan noted the City received the full amount of$23,475.00 as settlement for the lien due to a tax deed sale. 3.4 Approval of the settlement received for Rosa Golden for property located at 30 NW 13 Avenue, Case#06-0185 (Folio #0233-00-0503) Attorney Ryan noted the City received $1,884.58 as a partial settlement for the lien due to a tax deed sale. The lien will remain on the property and the new owner will be notified of the lien and what remains to be complied. 3.5 Approval of the settlement received for Henry E. Anderson & Odessa S. Owens for property located at 385 PhiPPen Road Case #09-0881 (Folio 41203-38-0020 ) Attorney Ryan noted the City received $1,344.94 as settlement for the lien due to a tax deed sale. 3.6 Approval of the settlement received for Eleanor G. Zenobia for property located at 238 SE 3 Place, Cases #10-1332 & #11-1789 (Folio #1203-40-0500) Attorney Ryan noted the City received $27,955.26 as settlement for the two liens due to a tax deed sale. Commissioner Flury motioned to approve the settlements for Items #3.3 - #3.6, as recommended by Attorney Ryan; seconded by Commissioner Brandimarte. The motion carried on the following 4-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Duke Yes Commissioner Grace Absent 4. Adjournment Mayor Duke adjourned the meeting at 6:17 p.m. ATTEST: CITY OF IA BEACH ®�pYdARDS.,. LOUISE ST_ItLSON, CMC WALTER B. UKE, III � CITY CLERK ? MAYOR Approved: February 12, 2013 Minutes of Abatement Hearing �q,Eo Dania Beach City Commission Thursday,January 17,2013—6:00 p.m.