Fort Walton Beach Council minutes — 06-10-08 regular minutes — reading text

him he owes 210 for 2004 and $ 210 for 2005 and when he went to straighten out the $ 420 it turns out it is $ 34, 000. He thought somewhere along the line people should be advised when the City puts a $ 34, 000 lien on their property. He further stated he was not even advised he was supposed to be here tonight for the meeting and that he did not receive any notice, so it has come as a surprise on how it works. He mentioned he was told that 5% is a reasonable fee. He said he did not damage anyone and the neighborhood was never uglier or was anyone' s home depreciated. He said he could not get titles to the cars to get tags until he had registration and insurance and questioned why he would need to get insurance for a car that had a blown engine. In response to a question on the notification of lien, the CDS Director explained when the Order is provided to the property owner it states that a lien may be issued and is told in the process that all the notices of violation indicate that it may result in fines and a lien. She said she did not know if Mr. Gray was actually presented with notification of a lien at the time or a copy of the lien and could not attest to that. Mr. Gray was asked whether he was operating a business in the carport, Mr. Gray replied no, that he has four children and a wife. Mr. Gray was asked about the yellow AMX he did not know who owned or how it got there. Mr. Gray said there is a blind side to his fenced swimming pool and someone abandoned the car on his right- of-way which then made it his problem and he did not know he was supposed to have it hauled off. Mr. Gray was asked whether all the cars in the driveway belonged to him. Mr. Gray replied most of the time. Mr. Gray was asked if he was informed by Code Enforcement that if the cars were moved behind a privacy fence that it would resolve the problem. Mr. Gray said some of the cars probably were and said pictures were presented at the Code Enforcement meeting showing grass growing beside the tire and said he did receive a letter from the Chairman dated two days before the lien was filed that said they could file a lien and thought they are not going to take people' s houses away from them but little did he realize they are talking foreclosure and taking a person' s house because he could not get a tag on his car. A point of clarification was requested from the City Attorney on whose role it is within the City to present lien information to the homeowners. The City Attorney explained when an Order is issued by the Code Enforcement Board, which is the only instrument the Chairman signs and once that Order is recorded in the public records is a lien against the property. She said they are referring to one document as two different things and the lien is created upon filing of the second order. She noted from the dates in the staff backup it is a long process and it is required that the Neighborhood Improvement staff send certified mail and also a copy of the Orders to him directly at his home. As no one further wished to speak public input was closed. Mr. Minich moved to approve the request to reduce the lien and administrative fees with the condition that Mr. Jay Gray pay $ 3,450. 00 to cover the costs incurred by the City for the Code Enforcement case as well as the $420.00 in administrative fees associated with the property. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and j' Pullen absent). I, REQUEST TO RELEASE LIEN - 42 NEBRASKA AVENUE NE Consideration of release of lien in the amount of $16, 200.00 including the $ 650 Administrative Fees for the property located at 42 Nebraska Avenue, NE, Fort Walton Beach, FL, Tax ill #24- S2- 13- 159D- 0015, in lieu of payment of$ I, OOO. OO as outlined in the backup report. The CDS Director went over the request from Watson Title Insurance that the lien be released and removed due to a foreclosure being completed before the City' s code enforcement lien was recorded. Regular Council 6- 10- 08 169 REOUEST TO RELEASE LIEN - 42 NEBRASKA AVENUE NE cont. The CDS Director went over the background on the violations found and fines imposed on December 12, 2007 until the property was brought into compliance on March 12, 2008. She said on December 12, 2007 a foreclosure action dated December 6, 2007 was recorded for the property by Countrywide Home Loans and the City' s code enforcement order dated December 12, 2007 imposing the fine amount was not recorded until December 18th. She reported it is staffs opinion and the City Attorney' s opinion that this is an appropriate amount to recover from the situation. The City Attorney explained what happens in a foreclosure is one of the first documents filed is a lis pendens and whenever a lis pendens is filed against property it bars all other liens from attachment or becoming effective on the property. She said whenever the foreclosure action was filed it was prior to December and believed December 6th is the date the final judgment of foreclosure was granted, and then the City' s code enforcement board order/ lien was recorded a week after that so basically the City would not have any rights to enforce that lien without some diligent legal work. She said the only alternative would be to begin the code enforcement procedures again against the new title holder or the new owner. She said the bottom line is that the lis pendens actually precludes the lien from attaching to the property. Mr. Reeves moved to approve the request to release the lien in the amount of $16, 200. 00 including the 650.00 Administrative Fees for the property located at 42 Nebraska Avenue NE in lieu of payment of 1, 000. 00. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent). EXECUTIVE SESSION SCHEDULED Consideration of request by City Attorney to schedule an executive session within the next ten business days so that she may receive direction from the City Council about the ongoing litigation of Michael C. Addison & Richard T. Petit, individually and for all other attorneys similarly situated v. City of Tampa, individually and as representative of all other municipalities similarly situated, Hillsborough County Circuit Court Case 03- CA- 5425, Class Representation. The City Attorney reported she needs direction on the on- going litigation that has now come to a head, it has gone through all the procedures of certifying the Class and it is determined to be a certifiable Class and now they are moving into the substance of the litigation. She had requested an Executive Session within the next ten days but the hearing has been scheduled for this Friday, June 13th. She said if Council can meet on June 12th it would be helpful but if they cannot meet, then Council will have to ratify the direction she has to give to the Special Council before Friday. There was consensus of Council to schedule an Executive Session on Thursday, June 12, 2008 at 5: 30 p. m. CODE ENFORCEMENT BOARD APPOINTMENT Consideration of appointment of a regular member to the Code Enforcement Board for a three- year term. Mr. Minich nominated Ramon Quiray. The Mayor called for the vote on the nomination to appoint Ramon Quiray, 240 Cecelia Drive NW as a regular member of the Code Enforcement Board for a three-year term beginning June 10, 2008 until June 10, 2011 and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent). MPB REP ON VISION PLAN STEWARDSIDP COMMITTEE Consideration of appointment of a Municipal Planning Board member to the Vision Plan Stewardship Committee. Mr. Minich nominated Glenda Glover. The Mayor called for the vote on the nomination to appoint Glenda Glover as the Municipal Planning Board representative to the Vision Plan Stewardship Committee and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor Miller, ( Garvie, and Pullen absent).  Regular Council 6- 10- 08 170 BEAUTIFICATION COM IT E /TREE BOARD APPOINTMENT Consideration of appointment to the Beautification Com it e /Tree Board. Mr. Minich nominated Nicholas Barlotta III. The Mayor called for the vote on the nomination to appoint Nicholas Barlotta Ill, 3158 Skyline Drive, Crestview, to serve on the Beautification Commit e T/ ree Board for an unexpired term beginning June 10, 2008 until January 12, 2011 and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent). l) r OTHER CITY BUSINESS i- ,~- Mr. Minich commented on two items that came up this evening. The first was the conditional use for a tattoo i[ parlor that was approved by the MPB, and that he does not want citizens and residents to give up on downtown, that great things are happening down there and that the