CITY OF SARASOA NUISANCE ABATEMENT BOARD MINUTES May 10, 2018, 6:00 p.m. Room 112 = City Hall A regular meeting was held on May 10, 2018. Case No. 18-01 and Case No. 18-02 were noticed for public hearing. The Chair, Jon Baugh, called the meeting to order at 6:10 p.m. The Pledge of Allegiance was recited, and the Chair called Roll. PRESENT: Douglas Christy, Art Lindemanis, Linda Holland, Jon Baugh, Marjorie Sykes and Joanne Gonet were present. Board Attorney Kelly Fernandez, Esq., SPD Investigator Mike Harrell, Assistant City Attorney Joe Polzak and Recording Secretary, Melanie Marken were also present. Acting Captain Scott Mayforth and one member of the public were in the audience. ABSENT: Valerie Buchand was absent Approval of Minutes The Chair moved to approve the minutes of the April 12, 2018 meeting as presented. Mrs. Holland seconded the motion and the motion was approved unanimously. Old Business Case 18-01 The Chair opened the public meeting on Case No. 18-01. Mrs. Fernandez called for disclosure of any ex-parte communications. There were none. The Respondent, Mr. Black was present at the meeting with his counsel, Hon. Clarence Jones, a retired judge volunteering at Legal Aid, Manasota. Mr. Polzak gave a verbal report that the City had had been in contact with the Respondent's attorney prior to the meeting regarding the Respondent's situation. Mr. Jones stated that his client had been discussing entering into a stipulation with the City regarding the matter, and he requested time to discuss that matter further with his client outside of the public meeting. The Chair stated that he thought the board could table the discussion on Case No. 18-01 and move on to discuss Case No. 18-02 while Judge Jones spoke to his client. The Board agreed. Judge Jones and Mr. Black exited the room. Approved June 14, 2018 Nuisance Abatement Board Meeting Minutes 5/10/18 New Business Case No. 18-02 The Chair opened the public meeting on Case No. 18-02. Mr. Polzak called for any person being present for that case to come forward. No one appeared. Mr. Harrell was sworn in for testimony. He gave an update to the board on the case. It was noted that the property owner received a notice of the violation as well as a notice of the hearing tonight. He further reported that a relative responded via phone to the City Attorney's office and stated that the property owner would not be present. Mr. Polzak gave an overview of the phone correspondence. The board was presented an Amended Complaint reference Case No. 18-02. Changes were discussed to paragraphs B and C, in that one additional violation was left out of the original draft complaint. Mr. Lindemanis suggested the board take action on the case. Mrs. Fernandez opined that the board could do sO, regardless of any revisions to the complaint because the property owner had been given notice of the hearing and chose not to attend. It was noted that Mr. Black and his counsel returned to the meeting. Old Business continued Case No. 18-01 The Chair reopened Case No. 18-01. Judge Jones relayed that he had spoken to his client, Mr. Black. Mr. Jones confirmed that Mr. Black agreed a single incident of nuisance activity occurred while his property was still under jurisdiction of the board. Mr. Polzak requested the board retain jurisdiction to entertain costs, and that a stipulation be entered into regarding the parties' agreement to the occurrence of a nuisance. A discussion was held regarding penalties and costs as they pertained to this instance of nuisance at the property. Board members also inquired how many times his property has come before the board. Mr. Harrell stated that this was the third time. Mr. Polzak said that the City would defer to the board's judgement as to penalties and costs but asked that the board accept the verbal stipulation on the record as to the occurrence of a nuisance. A discussion was held regarding scheduling the hearing on penalties and costs. It was noted that the Respondent's current counsel would not be available at the next regularly scheduled meeting, and Legal Aid Manasota would have to assign Mr. Black new counsel for any appearances beyond the month of May. Mrs. Holland asked about the same individual continuing to have access to the property as the same individual who contributed to the nuisance in the most recent instance, had been the cause of the nuisance in the past. Mrs. Holland moved the board accept the verbal stipulation on the record, the City Attorney's office to prepare a written stipulation to that effect and that the board retain jurisdiction as to penalties and costs. The motion was seconded and passed unanimously. 2 Nuisance Abatement Board Meeting Minutes 5/10/18 Mrs. Fernandez suggested the board set the hearing on costs and offered the June 14 date or the July 12 date. Discussion was held regarding the availability of counsel. Mr. Lindemanis suggested the date for the hearing on costs be set for June 14, 2018 and requested current counsel notify the City within 7 days if there was going to be an issue with Legal Aid Manasota reassigning counsel to Mr. Black. Mrs. Holland amended her original motion to include that additional information. A roll call vote was held, and the motion passed unanimously. The Chair closed Case No. 18-01. Mr. Black and his counsel exited the room. An informal discussion was held between board members and Mrs. Fernandez regarding roll call voting. New Business continued Case No. 18-02 Case No. 18-02 was opened back up for discussion. Several board members began a discussion regarding additional measures that the board could impose on the property owner within the purview of the board to have a positive impact on the property. The board indicated they were ready to make a motion. Mr. Polzak cited the code section 2-271(d) for hearing procedures and again requested anyone with any testimony, information or representation on behalf the property owner (Beverly Smith) come forward. There was no response. He called for public comment. There was none. Mr. Polzak gave a summary of the City's argument which was that the property met the qualifications under the City's Code to be declared a nuisance. He called for Mr. Harrell's testimony in Case 18-02. Mr. Harrell outlined the basis for formation of the complaint. He detailed police activity, including contact with individuals on the property on various dates and gave specifics regarding execution of the search warrant. Mrs. Sykes made a motion to declare the property in Case No. 18-02 a nuisance. Discussion was held regarding violations outlined in the complaint. The motion was seconded. The Chair held a roll call vote which resulted in unanimous approval to declare the property a nuisance. Mrs. Holland continued discussion on the case, and asked Kelly Fernandez if the board could now impose a fine. She stated she was interested in discussing what would stop criminal activity on the property, for instance fines or requiring that the property owner put up a fence. A lengthy discussion was held regarding possible scenarios and the board's options for imposing penalties, fines and specific actions on the property at 1401 Dr. Martin Luther King Jr. Way. Additional questions were asked of Mr. Harrell regarding police activity. The board attorney, Mrs. Fernandez, gave input and opined as necessary. Discussion on penalties continued with board members suggesting additional provisions to impose such as "no trespassing" signs. 3 Nuisance Abatement Board Meeting Minutes 5/10/18 Mrs. Holland asked for the board's feeling on the imposition of fines and penalties, stating that is what the board used to in prior years. She would like to see additional measures such as placement of a fence ordered. Mrs. Fernandez read the portion of the code regarding what could be imposed on a property owner. The code says the board can order actions be taken to "abate the nuisance" as well as fines up to $250.00 per day. The attendees agreed that the fine should run from the time the property was found to be a nuisance, but disagreement ensued regarding whether that time frame began from the time the police activity began on the property or from today's date when the board found the property to be nuisance under definition of the City Code. Mr. Polzak and Mrs. Fernandez both gave legal opinions on the intent of the City Code with regard to timely imposition of fines. Mr. Polzak answered a question of Mr. Lindemanis stating that the City would request that the board find the property to be a nuisance at this meeting, continuing the board's jurisdiction over the property for one year; if another occurrence of criminal activity took place, fines could then be imposed from todays' date forward. Mr. Lindemanis asked Mrs. Holland what the board had done in the past. Mrs. Holland stated she believed the board went back to the date of criminal activity, they did not necessarily use the date of the hearing when imposing fines. Mrs. Fernandez attempted to explain the process further, citing relativity to a code enforcement violation. Mr. Christy noted that it may or may not be relative because there is the absence of a tangible item with nuisance abatement cases; whereas the violation is very clear with code enforcement. Mr. Lindemanis said he thought that a number of board members wished to start imposing fine and additional measures as soon as possible to abate the nuisances, further stating that the property owner had the ability to appeal action of the board. Mrs. Holland initially moved that board impose a fine of $100 a day from today, or until a fence is erected on the perimeter of the property and for the board retain jurisdiction on costs to be heard at the June 14 meeting. Mr. Baugh seconded. It was requested the motion be read back. Mrs. Holland explained the intent of her motion during discussion. Mr. Baugh felt he wasn't sure the fence would abate the nuisance. During discussion, the board all agreed they only wished to see affirmative action take place to abate the nuisance. Mrs. Holland suggested they make a time certain for installation of the fence. During discussion, she ultimately withdrew her motion for clarification and specificity. The board entertained additional options and sought feedback from Mr. Harrell on options which would work best on accomplishing what they wished to do. Mrs. Sykes stated she liked the idea of the fine because anything else would be contingent upon actions of the current property owner. Mrs. Holland called for a point of order. Mr. Lindemanis moved that the board require the property owner to install a chain-link or fence of similar material, to maximum height compliant with local code(s) within 60 days of the date of the meeting along the perimeter of the property with a locked means of ingresslegress and that the property be entered into the City's trespass program. Mr. Christy seconded the motion. Discussion ensued regarding the fence particulars. The motion passed unanimously. 4 Nuisance Abatement Board Meeting Minutes 5/10/18 Mr. Lindemanis moved that the board impose a fine of $100 a day starting from May 10, 2018 until such time as the nuisance is abated by installation of fencing. Mrs. Holland seconded for discussion purposes. Mr. Christy suggested an amendment. Mrs. Holland reminded the board that they also have the opportunity to waive fines once imposed. Mrs. Sykes agreed. Discussion ensued regarding the principle of the lien and filing the lien. Mrs. Fernandez gave direction. The motion on the fine passed unanimously with a roll call vote. Mr. Lindemanis moved that the board hold the hearing to impose costs in Case No. 18- 02 and set the hearing on costs for June 14, 2018. Mrs. Holland seconded. The motion to set the hearing on costs passed unanimously with a roll call vote. Mrs. Fernandez stated the initial order could be presented to the Chair for his signature. Mr. Christy moved that the board retain jurisdiction over the property in Case No. 18-02 for the maximum amount of time allowed under the City Ordinance. Seconded by Mrs. Holland. Motion passed unanimously with a roll call vote. Discussion Mrs. Sykes stated she would not be reapplying for appointment to the board due to her work schedule. Pending vacancies were discussed. Mr. Lindemanis voiced his appreciation to the board from his neighborhood association. The meeting was adjourned at 7:50 p.m. 5