08/08/2018 Nuisance Abatement Meeting Minutes August 8, 2018
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, August 8, 2018
3:00 PM
Council Chambers
Nuisance Abatement Board
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City of Clearwater
Nuisance Abatement Meeting Minutes August 8, 2018
Roll Call
Present 4 - Chair Jack Geller, Vice Chair Leanne Grayston, Board Member
Charles Johnston, and Board Member Nancy O'Neill
Absent 3 - Board Member Bruce Miller, Board Member Susan Oliveto, and Board
Member MaryAnn Lane
Also Present: Matthew Smith —Assistant City Attorney, Rosemarie Call — City Clerk,
Thomas Trask— Board Attorney, and Stephanie Stutz - Paralegal
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Chair Geller
The meeting was called to order at 3:00 p.m. at City Hall.
2. Approval of Minutes
2.1 Approve the minutes of the July 11, 2018 Nuisance Abatement Board meeting as
submitted in written summation by the City Clerk.
Member Johnston moved to approve the minutes of the July 11,
2018 Nuisance Abatement Board meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
2.2 Approve the minutes of the May 22, 2017 Nuisance Abatement Board meeting as
submitted in written summation by the City Clerk.
Vice Chair Grayston moved to approve the minutes of the May 22,
2017 Nuisance Abatement Board meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda — None.
4. New Business Items
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City of Clearwater
Nuisance Abatement Meeting Minutes August 8, 2018
4.1 Case No. 2018-01 - City of Clearwater v. Eric Volinski
Assistant City Attorney Matthew Smith provided copies of staffs
recommended remediation efforts (see page 6).
The City Clerk stated that the Board determined there was a public
nuisance at the last meeting, the Board today will determine the remedy
portion of the case. Attorney Trask reviewed remedy options outlined in
the city code [Code of Ordinances, Sec. 20.02(11)]. He suggested the
Board discuss the City's recommendations and determine if they are
appropriate for adoption.
Attorney Smith questioned if Member O'Neill was able to vote since she
was not present at the last meeting. Attorney Trask said city code does
not contain a provision prohibiting Member O'Neill from voting.
It was suggested that Member O'Neill participate in the discussion but
abstain from voting. Attorney Trask suggested asking the property owner
if he objects to allowing Member O'Neill to participate in the voting, if not, all
members present would vote. Mr. Volinski, the property owner, objected
to Member O'Neill participating the voting process.
Member O'Neill abstained from voting from this point forward.
Recommendation #1
Member Grayston moved to order discontinuation of the nuisance drug
activity per City Code Section 20.02(11)(c)1. The motion was duly
seconded and carried unanimously.
Recommendation #2
Member Johnston moved to prohibit owner from renting any unit to
Marquis Cheeks, Nicole Dagostino, Florence Rose Luna, Hailey Rose
Leasure-Maye, Luis Anfiono Dezha, or Alexander M. Leasure-Maye
[City Code Section 20.02(11)(c)3] and begin eviction proceedings in the
event any named individual still resides at premises. The motion was
duly seconded and carried unanimously.
Discussion ensued with comments made that video surveillance is
necessary and should be maintained and made available to the police
department as requested. It was suggested that blanket no trespass signs
be placed on the property and the City obtain proof that exterior lighting
was installed. Attorney Trask suggested the Board order the no trespass
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City of Clearwater
Nuisance Abatement Meeting Minutes August 8, 2018
signs and exterior lighting.
A comment was made that written monthly rental agreements be required.
Recommendation #3
In response to a question, Attorney Trask said the Board should specify a
reasonable period of time in the order. He said the order will stay in place
for one year.
Member Johnston moved to order the implementation of
Recommendations 1 and 2 be effective immediately. The motion was
duly seconded and carried unanimously.
Comments were made that the property owner has had sufficient time to
address the nuisances. There was consensus to provide a 30-day
timeframe.
Member Grayston moved to ask the property owner to implement the
following strategies within 30 days: improved exterior lighting, camera
surveillance (real cameras, not dummy cameras), a written monthly
rental agreement for all existing and future tenants. The motion was
duly seconded and carried unanimously.
Recommendation #4
Member Grayston moved to impose a fine of $1,000 ($250 x 4 days) for
each day of nuisance activity. The motion was duly seconded and
carried unanimously.
Recommendation #5
Member Johnston moved to award reasonable costs associated with
the investigation of $2,342.33. The motion was duly seconded and
carried unanimously.
Recommendation #6
Member Grayston moved to award reasonable costs of$612.30. The
motion was duly seconded and carried unanimously.
Attorney Trask said he will prepare an Order for the Chair's signature.
Once the order is executed, the City can move forward with enforcing the
order.
In response to questions, Mr. Volinksi confirmed he understood the
Board's findings and that his mailing address is 4536 Grand Lakeside
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City of Clearwater
Nuisance Abatement
5. Adjourn
Meeting Minutes August 8, 2018
Dr., Palm Harbor, FL 34684.
Mr. Trask suggested Mr. Volinski notify Attorney Smith of his
compliance efforts.
The meeting adjourned at 3:27 p.m.
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City of Clearwater
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