01/27/1999 (2)
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'Minutes
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ACTION AGENDA
CITY OF CLEARWA10ER
MUNICIPAL CODE ENFORCEMENT BOARD
January 27, 1999 - 3:00 p.m.
A. Withdrawn, complied prior.
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B. Case 01-99
Robert J. Metz I Floyd M. McKenzie
1 846 Drew Street
(Public Nuisance) - DeBord
B. Withdrawn.
C. Cose 02-99
'Vincent Arnold & Fay Shields
2040 Sunset Grove, Lane
(Building) - Chiane~la
D. Case 03-99 '
, Markos K. & Sevasti Lagos
2070 Range Road
(Building) - Chianella
C. Withdrawn, complied prior.
D., Continued to 2/24/99.
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E. Case 04-99
Rodolfo Cortinovis
1 881 Feather Tree Circle
(Buildingl - Chianella
. E. Withdrawn, complied prior.
F. Case 05-99
The Pep Boys
1721 Gulf to Bay Blvd.
(LOC) - Kurleman .
F. Withdrawn, complied prior.
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G. Case 06-99
Clearwater Prop. Group c/o Kmart 3476
'2130 Gulf to Bay Blvd.
(LOC) - Kurleman
G. Continued to 2/24/99.
H. Case 07-99
Edward C. Ellis & Richard J. Slater
527 E Street
(Housing) - Hinson
H. Continued to 2/24/99.
2. UNFINISHED BUSINESS
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A.' Case 28-98 - Affidavit of Compliance
Robert Croston
'2346 Druid Road, #1213
(Housing) - Wright
A. Accepted.
Cont.
,1/27/99
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B. Case 21-98 - Affidavit of Non-Compliance
. Lori Fenollo
1718 Druid Road
(Building) - Chianella
B. Accepted; issued order imposing fine.
C. Case 22-98 - Affidavit of Non-Compliance C. Accepted; issued order imposing fine.
Mark Rossi
708 Madera Avenue
(Housing) - Wright
D. Case 25-98 - Affidavit of Non-Compliance D. Accepted; issued order imposing fine.
Thomas L. George
417 N. Washington Avenue
(Building) - Scott
E. Case 26-98 - Affidavit of Non-Compliance
Bill V. & Sophia Stathopoulos
,1975 Drew Street
(Building) - Chianella
F. Case 27-98 - Affidavit of Non-Compliance
Carlton McCray/Estate of Maggie Bridges
1016 N. Greenwood Avenue'
. (Building) - Chianella
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G. Case 95-92 - Affidavit of Compliance
Thomas & Elizabeth Floyd
605 Hart Street
(Housing) - Wright
H. Case 16-98 - Affidavit of Compliance
Katherine A. Pepper
1384 Milton Avenue
(Building) - Scott
3.. OTHER BOARD ACTION/DISCUSSION
E. Accepted; issued order imposing fine.
F. Accepted; issued order imposing fine.
G. Accepted.
H. Accepted.
A. Request for Reduction of Fine A. Reduced to $1,000 if paid within 30 days.
Case 42-97
James R. Helms (now owned by Torunski)
1 232 S. Sedeeva Circle
(Building) - Scott
4. APPROV At OF MINUTES - 1 2/9/98 - Approved as corrected.
5. ADJOURNMENT - 4:00 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
January 27, 1999
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Present:
Helen Kerwin
Lawrence Tieman
Frank Huffman
Mary Rogero
Sheila Cole
Joyce Martin
Chair
Vice-Chair
Board Member
Board Member
Board Member
Board Member
Absent:
David Allbritton
Board Member
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Also Present: Leslie Dougall-Sides
Mark Connolly
Mary K. Diana
Brenda Moses
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
The Chair called the meeting to order at 3:00 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in 'that order.
The Chair'outlined the procedures and stated any aggrieved party may appeal a final
administrative order of the Municipal Code Enforcement Board to the Circuit Court of
Pinellas County within thirty (3D) days of the execution of the order. Florida Statutes
286.0105 requires any party appealing a decision of this Board to have a record of the
proceedings.
ITEM 1 ~ PUBLIC HEARINGS
A. Case 34-98
(Cant. from 12/9/98)
William & Hope Georgilas
1849 Gulf to Bay Boulevard
(Building) - Chianel1a '
In a memo date~ January 14, 1999, Inspector Robert Scott withdrew Case 34-
98 as the property is now in compliance.
B. Case 01-99
Robert J. Metz / Floyd M. McKenzie
1846 Drew Street
(Public Nuisance) . DeBord
In a memo dated January 27, 1999, Inspector Rick DeBord withdrew Case 01-
99 as the abandoned vehicle on the property has been removed.
Mcb0199
01/27/99
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C. Case 02-99
, Vincent Arnold & Fay Shields
2040 Sunset Grove Lane
(Building) _ Chianella
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In a memo dated January 14, 1 999, Inspector Robert Scott withdrew Case 02-
99 as the property is now in compliance.
D. Case 03-99
Markos K. & Sevasti Lagos
2070 Range Road'
(Building) - Chianella
Assistant City Attorney Leslie Dougall-Sides reported the applicant could not
attend today's hearing. She also believed the inc'orrect code section regarding the violation
was cited.
Member Tieman moved to continue Case 03-99 to the February 24, 1 999
meeting The motion was duly seconded and carried unanimously.
E. Case 04-99
Rodolfo Cortinovis
1881 Feather Tree Circle
(Building) - Chianella
In a memo dated January 14, 1999, Inspector Robert Scott withdrew Case 04-
, 99 as the property is now in compliance.
F. Case 05-99
The Pep Boys
1721 Gulf to Bay Blvd.
(LDC) - Kurleman
. In a memo dated January 22, 1999, Inspector Scott Kurleman withdrew Case
05-99 as the property is now in compliance.
G. Case 06-99
Clearwater Prop. Group c/o Kmart, 3476
2130 Gulf to Bay Blvd.
(LDC) - Kurleman
, Board Secretary Diana read the affidavit of violation and request for hearing.
Assistant City Attorney Leslie Dougall-Sides reported both the owner and lessee were
cited. The no~lces of hearing sent by certified mail were return?d unclaimed.
Jan Stern, Stern Design Group, said he is the not the official representative for
Kmart, but is the current landscape architect for the project. He offered to answer
questions regarding the progress of the project and what has been done since his firm's
involvement.
Mcb0199
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01/27/99
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Board Attorney Mark Connolly advised, since Mr. Stern is not Kmart's official
representative, Case 06-99 be continued until proper service on the, notices of hearing is
'obtained. Mr. Stern said his Kmart contact in Troy, Michigan informed him of today's
meeting. He gave Ms. Diana the address of that contact for notification purposes.
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Member Huffman moved to continue' Case 06~99 to the February 24, 1 999
meeting. The motion was dUly seconded and carried unanimously.
H. Case 07-99 '
Edward C. Ellis & Richard J. Slater
527 E Street
(Housing) - Hinson
Ms. Diana read the affidavit of violation and request for hearing. The date of
official notice of violation was November 9, 1998. In response to a question, she said the
r notice of hearing sent by certified mail was returned unclaimed. Ms. Dougall-Sides
reported Inspector Hinson posted the notice of hearing on the property, but failed to include
all necessary attachments. She requested the board continue, the case.
Member Cole moved to continue Case 07-99 to the February 24, 1999 meeting.
The motion was duly seconded and carried unanimously.
'ITEM 2 - UNFINISHED BUSINESS
A. Case ~8-98 - Affidavit of Compliance
Robert Croston
2346 Druid Road, #1213
(Housing) - Wright
G. Case 95-92 - Affidavit of CompliancJ3
Thomas & Elizabeth Floyd
605 Hart Street
(Housing) - Wright
, H. Case 16-98 - Affidavit of Compliance
Katherine A. Pepper
1384 Milton Avenue
(Building) - Scott
Member Huffman moved to accept the Affidavits of Compliance for Cases 28-
98, 95-92, and 16-98. The motion was duly seconded and carried unanimously.
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B. Case 21-98 - Affidavit of Non-Compliance
Lori Fenolio
1718 Druid Road
(Building) - Chianellfl
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01/27/99
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C. Case 22-98 - Affidavit of Non-Compliance
Mark Rossi
708 Madera Avenue
(Housing) - Wright
D. Case 25-98 - Affidavit of Non-Compliance
Thomas L. George
417 N. Washington Avenue
(Building) - Scott
Eo' Case 26-98 - Affidavit of Non-Compliance
Bill V. & Sophia Stathopoulos
1975 Drew Street
(Building) - Chianella
F. Case 27-98 - Affidavit of Non-Compliance
Carlton McCray/Estate of Maggie Bridges
1016 N. Greenwood Avenue
(Building) - Chianella
Member Tieman moved to accept the Affidavits of Non-Compliance and issue
the orders imposing the fines for Cases 21-98, 22-981 25-98, 26-98, and 27-98. The
motion was duly seconded and carried unanimously.
ITEM 3 - OTHER BOARD ACTION/DISCUSSION
A. Request ~or Reduction of Fine
Case 42-97
James R. Helms (now owned by Torunski)
1232 S. Sedeeva Circle
(Building) - Scott
Inspector Robert Scott said the previous owner of this property had rented it to a
tenant who began remodeling it without a permit. That tenant has vacated the property.
Mr. Helms has since sold the property to the new owners, Mr. & Mrs. Chris Torunski. Mr.
Scott said he suggested the Torunskis address the board for a reduction of the fine.
Chris Torunski said he purchased the property with plans to make improvements.
He was aware of the lien on the property at the time of purchase. He said he spoke to Mr.
Scott, and the legal Department regarding clearing the title on the property. He said he
was told the Municipal Code Enforcement Board was reasonable when considering requests
to reduce fines. In response to a question, Mr. Torunski said the lien was listed as an
exception on the title policy at the time of purchase.
Discussion ensued regarding purchasing property with a lien attached. In
response to a question, Mr. Torunski said he has already spent $15,000 in improv'ements
to the property and plans to spend an additional $25,000. Tne property has been an
eyesore and he felt by improving the property he was performing a service to the
community.
Mcb0199
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01/27/99
Discussion ensued in regard to administrative costs.
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In response to questions, Assistant City Attorney John Carassas said the
property was bought subject to the lien and foreclosure would be against the property not
the previous owner. Mr. Torunski said he cannot pay the lien.
Concern was expressed in setting a precedent by reducing fines on properties
that are sold with liens attached.
Member Martin moved to reduce the fine to $300, the estimated administrative
. costs. The motion was duly seconded.
Discussion continued and a reduction to $1,000 was considered more
appropriate given the fact the Torunskis were aware of the lien when they purchased the
property.
Member Tieman requested the motion be amended to reduce the fine to $1 ,000.
Member Martin. accepted the amendment. The seconder concurred.
Upon the vote be~ng taken, the motion carried unanimously.
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ITEM 4 - APPROVAL OF MINUTES - 12/09/98
C:j
Member Tieman moved to approve the minutes of December 9, 1998, as corrected
by the Board Secretary. The motion was duly seconded and carried unanimously.
Other Business
Discussion ensued regarding the foreclosure process. Assistant City Attorney
Carassas said the City is more aggressive when vacant property is involved. Once the City
forecloses on abandoned structures they are then responsible for securing or razing the
structure which can be costly.
A question was raised if the Glen Johnson property on Sand Key has changed
ownership. Ms. Dougall-Sides indicated there may be investors interested in the property.
There is a lien recorded on the property and the Code Enforcement Board has authorized
foreclosure.
ITEM 5 - ADJOURNMENT
The meeting adjourned at 4:01 p.m.
Chair
Municipal Code Enfo
Attest:
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