CITY OF ARASOA NUISANCE ABATEMENT BOARD MINUTES April 12, 2018, 6:00 p.m. Commission Chambers A regular meeting was held on April 12, 2018. Case No. 18-01 was noticed for public hearing. The Chair, Douglas Christy, called the meeting to order at 6:06 p.m. The Pledge of Allegiance was recited, and the Chair called Roll. PRESENT: Douglas Christy, Art Lindemanis, Valerie Buchand, Linda Holland and Jon Baugh were present. Board Attorney Kelly Fernandez, Esq., SPD Investigator Mike Harrell, Assistant City Attorney Joe Polzak and Recording Secretary, Melanie Marken were also present. ABSENT: Joanne Gonet and Marjorie Sykes were absent. Approval of Minutes Ms. Holland moved to approve the minutes of the March 9, 2017 meeting as presented. Mr. Christy seconded the motion and the motion was approved unanimously. Board Business Introduction of New Board Members Art Lindemanis introduced himself as a new board member. Mr. Polzak thanked him for his service. Election of Chair and Vice Chair Doug Christy opened the floor for nominations. Linda Holland nominated Jon Baugh for Chair. Doug Christy seconded Mrs. Holland's motion. Art Lindemanis nominated Valerie Buchand for Vice Chair. Valerie Buchand seconded Mr. Lindemanis' nomination of herself as Vice Chair. Linda Holland nominated Doug Christy as Vice Chair. Jon Baugh seconded Mrs. Holland's motion for Doug Christy as Vice Chair. The motion to nominate Jon Baugh as Chair passed 4-1 with Valerie Buchand dissenting. Nuisance Abatement Board Meeting Minutes 4/12/18 The motion to nominate Valerie Buchand as Vice Chair failed 2-3 with Doug Christy, Linda Holland and Jon Baugh dissenting. The motion to nominate Doug Christy as Vice Chair passed 3-2 with Mr. Lindemanis and Mrs. Buchand dissenting. Old Business Cases 2000-004 and 2001-09 Mr. Polzak gave a verbal report that the City had received payment on three (3) liens which were placed on commercial properties as a result of the two above-mentioned case numbers because the properties had sold. Valerie Buchand asked for the addresses of the properties. Mr. Polzak gave the addresses. New Business Case No. 18-01 Mr. Polzak called forward the Respondent in Case No. 18-01, Mr. Kevin Black. Mr. Black was present and came forward. The Respondent was sworn in the event any testimony was to be given. Mr. Polzak stated that he was contacted by an attorney earlier that same day who may or may not end up representing Mr. Black. Mr. Polzak suggested that given that piece of information, he wished to only do a preliminary opening of the case and suggested the board continue the case to a later date (two months) to give the Respondent time to secure counsel if he SO wished. Art Lindemanis moved that the board grant a continuance of one (1) month to Mr. Black on case no. 18- 01. Mr. Christy seconded the motion. The motion to grant a continuance of one (1) month on case no. 18-01 passed unanimously. Art Lindemanis asked for an overview on the case. Board Attorney, Kelly Fernandez, stated that she would advise the board not to do that tonight given that the Respondent's attorney as well as two board members were not present for the discussion. Mr. Lindemanis asked when the Respondent had been noticed for the meeting/hearing. The recording secretary reported that the Respondent had been served notice of hearing by process server on March 22, 2018. Mr. Polzak stated that the hearing would be rescheduled to May 10, 2018 at 6:00 p.m. on Mr. Black's matter and gave Mr. Black personal, verbal notice of same. Kelly Fernandez dismissed Mr. Black. Staff Discussion Mike Harrell began a staff update and introduced Acting Captain Scott Mayforth of the Sarasota Police Department Criminal Investigations Division, who was seated in the audience. Mr. Harrell reported that the police department has set up to take payments on any liens recorded for costs. In the past, the police department was not set up to take multiple payments, but the finance manager has set up a system to where they are now able to do sO. Mr. Harrell continued by stating that a new letter had been drafted 2 Approved May 10, 2018 Nuisance Abatement Board Meeting Minutes 4/12/18 that the Chief had signed notifying any respondent who had been assessed costs, that there was an option to make payments. Valerie Buchand asked questions regarding money collected as a result of the liens on costs and where it ultimately went. Mike Harrell and Joe Polzak answered her questions, stating that it goes into an account that is set up for the NAB, and is transferred back to the City's general fund to cover expenses related to the NAB. He further stated that it is not comingled into other accounts for the police department and is not used for any salaries, etc. for police employees. Further discussion was held between Mrs. Buchand and Mr. Harrell regarding procedures and policies on recovered costs. Mrs. Buchand thanked him for his explanations. Kelly Fernandez also reminded the board the difference between fines and costs; stating that she had never seen the board impose a fine or penalty. Costs have been imposed, but those were basically just to recover expenses above the norm on these certain properties. Mr. Lindemanis recalled that the liens on costs cannot be used to foreclose on properties and stated that given that property values have increased over the last several years, the $4000 - $6000 lien in the scheme of things, was really quite small. He hoped it would at least make the property owners think about what they did or did not do relevant to the situation. Mr. Christy requested historical nformation as to foreclosures and liens. The City Attorney's office will double check. The City Attorney's office reported that interest was calculated through the last day of the month of the sale of the properties. The City Attorney's office also has a list of properties which currently have NAB liens on them. Discussion was held regarding the fact that the liens are valid for 20 years, but there were historical and record keeping obstacles going back that far. Mr. Lindemanis stated he would be interested in that information and suggested perhaps the board have more authority to consider penalties in addition to costs since property values have climbed. Mr. Harrell stated they have several items lined up for the board for the next few months. There had not been new cases for the latter part of 2017, but Mr. Harrell will be presenting new cases in the coming months. Mr. Harrell mentioned the City's annual report and the City's Annual Advisory Board Dinner. He invited all the board members to attend the dinner at the Van Wezel. Mr. Baugh also expressed interest in the historical data. Further discussion was held among the board members and staff regarding their individual roles as board members, procedural issues, investigative procedures, conflicts of interest and jurisdiction of the board in general. Mr. Baugh and Mrs. Buchand commented on Mr. Lindemanis' topic regarding proceduesinvestgatons Mr. Lindemanis questioned the correlation between neighborhood advisory board and the nuisance abatement board. Mrs. Fernandez offered legal advice and explained further the issue of prejudice/due process while also commenting on board correlation and conflicts of interest. 3 Approved May 10, 2018 Nuisance Abatement Board Meeting Minutes 4/12/18 A reminder was given regarding the May 10, 2018 meeting. The meeting was adjourned at 7:18 p.m. 4 Approved May 10, 2018