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2015-12-14CITY OF OKEECHOBEE DECEMBER 14, 2015 EMERGENCY CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 3 AGENDA BOARD ACTION - DISCUSSION - VOTE 1 I. CALL TO ORDER - Chairperson: Chairperson Gamiotea called the December 14, 2015, Emergency Meeting to order at 3:00 pm, in the City Council Chambers, December 14, 2015 Emergency Meeting, City Hall, 55 SE 3'd located at 55 Southeast 3`d Avenue, Room 200, Okeechobee, Florida. Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Rennae Sweda Board Member Lynn Boak Board Member Melissa Close Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Alternate Member John Abney Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the November 10, 2015 Regular Meeting. Pledge of Allegiance was led by Chairperson Gamiotea. Present Absent with consent (John Abney filled the seat for Member Sweda) Present Present Present Present Present Present Present Absent Present Present Member Close moved to dispense with the reading and approve the Summary of Board Action for November 10, 2015; seconded by Member Abney. There was no discussion on this item. GAMIOTEA - YES BOAK - YES CLOSE - YES CONRAD - YES DENISLIK - YES V. AGENDA - Chairperson. PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on There were no request for the addition, deferral or withdrawal of items on today's agenda. today's agenda. 11 782 783 AGENDA VI. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling Case No. 14-060 Tax Ease Florida Reo LLC. 407 NE 9`h Avenue Consider lien reduction (Code $8,625/Public Works $639.29) DECEMBER 14, 2015 - CEB EMERGENCY MEETING - PAGE 2 OF 3 BOARD ACTION - DISCUSSION - VOTE This being a quasi-judicial proceeding, an oath was administered to those offering testimony, all responded affirmatively. Officer Sterling advised all events occurred within the corporate limits of the City of Okeechobee. The Officer's notes, testimony, photographs, and supporting documents were all entered as part of the official record. City Attorney John Cook addressed the board stating this property was abandoned several years ago and the City approved foreclosure. However, before any foreclosure action was taken the property was sold at a tax certificate sale to Tax Ease Florida Reo LLC. At that time Code Enforcement made several attempts to contact Tax Ease Florida Reo about cleaning and mowing the property, but nothing was ever done. Since the property was not in compliance the Code Board imposed a fine of twenty-five dollars per day on January 4, 2015. Mr. Cook said a few weeks ago he was contacted by a title company who was trying to sell the property for Tax Ease Florida. The title company made a settlement offer of $3000.00 to satisfy both the Code Enforecement Lien of $8,625.00 and the Public Works Lien of $639.29. Attorney Cook advised the Board they could either accept the offer or continue to let the fine accrue and the City would have to continue maintaining the property. There was some discussion among the Board members. Chairperson Gamiotea reminded the board that the prospective buyer was not to blame for the large fine. He added, if we accepted the offer to reduce the lien the City would at least recover some of their expenses and the new owner would be responsible to maintain it. Member Close moved Case 14-060, Tax Ease Florida Reo LLC, 407 NE V Avenue, be given a lien reduction of $3,000.00 with $2,361.00 satisfying Code Board Lien and $639.29 satisfying Public Works Lien , based on the testimony of City Attorney John Cook; seconded by Member Abney. VOTE GAMIOTEA - YES SOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN -YES SWEDA - ABSENT ABNEY -YES MOTION CARRIED. AGENDA ADJOURNMENT - CHAIRPERSON GAMJOTtA. C Jamie Gamiotea, Chairperson ATTEST: Sue Christopher, Secretary PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the fire department. Please be advised that if you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video or item must be provided to the Board Secretary for the City's record. DECEMBER 14, 2015 -CEB EMERGENCY MEETING - PAGE 3 of 3 BOARD ACTION - DISCUSSION - VOTE THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 3:11 P.M. WE * Okeechobee News 107 SW 17th Street, Suite D ANDEPENDENT Okeechobee, Florida 34974 NEWSMEDIA INC. USA 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a__�,� in the matter of,� ' t .c- in the 1.9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and afhant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this i � '-7` day of ���.C,(� r;,' tiwv��-'- i. � x C� � "Z AD Notary Public, Stat� of Florida at Large MWE BRIDGES MY COMMISSION # EE 177653 EXPIRES:.April 20, 2016 Bonded Tin Notary Public Underwriters PUBLIC NOTICE EMERGENCY CITIf't7bONFORCEMENT BOARD MEETING ITICE IS HEREBY GIVEN that the Cl of Okeechobee Code Enforce- nt Board (CE8} will conduct an Emergency meeting on Mon, Dec 14 15 :100PM, or es soon thereafter as possible, at City Nall, 55 SE 3rd a, I{m 200, Okeechobee, FL. discussion shall be confined to consider Case No. 14060, for proppeerty eted 407 NE 9th Ave, Okeechobee, FL, property owner(s) Tax Ease Flori- Reo, LLC, Legal: Lot 48 of River Run Resort Phase H, according to the t thereof recorded in Plat Book 6, Page 33 of the Public Records of Okee- bee County, Florida. The public is invited and encouraged to attend. The agenda may. be ob- tained from cltyofokeechobae.com or by calling the Code Enforcement Of- fice, 863-357-1971. ANY PERSON DECIDING TO APPEAL any decision made by the CI with respect to any matter considered at this meeting will need to ensure verbatim record of the proceeding is made and the record includes the test mony and evidence upon which the apppeal will be based. In accordam with the Americans with Disabilities Act (ADA), any person with a disabili as defined by the ADA, that needs special accommodation to participate this proceeding, contact the Fire Department prior to proceeding, 863-357-1971. BE ADVISED that should you intend to show any document, ,cture, vide or items to the CES in support or opposition to any item on the agenda; copy of the document, picture, video, or item MUST -be provided to th Board Secretary for the City's records. by: Chairperson Jamie Gamiotea CITY OF OKEECHOBEE DECEMBER 14, 2015 EMERGENCY CODE ENFORCEMENT BOARD MEETING I. CALL TO ORDER - Chairperson: December 14, 2015 Emergency Meeting, City Hall, 55 SE 3' Avenue, Okeechobee, FL 11. PLEDGE OF ALLEGIANCE - Chairperson. 111. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Rennae Sweda Board Member Lynn Boak Board Member Melissa Close Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Alternate Member John Abney Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher IV. MINUTES - Secretary. SUMMARY OF BOARD ACTION PAGE 1 OF 3 Chairperson Gamiotea called the December 14, 2015, Emergency Meeting to order at 3:00 pm, in the City Council Chambers, located at 55 Southeast V Avenue, Room 200, Okeechobee, Florida. Pledge of Allegiance was led by Chairperson Gamiotea. Present Absent with consent (John Abney filled the seat for Member Sweda) Present Present Present Present Present Present Present Absent Present Present A. Motion to dispense with the reading and approve the Member Close moved to dispense with the reading and approve the Summary of Board Action for November 10, 2015; Summary of Board Action for the November 10, 2015 seconded by Member Abney. There was no discussion on this item. Regular Meeting. VOTE GAMIOTEA - YES BOAK - YES CLOSE -YES CONRAD - YES DENISUK - YES V. AGENDA - Chairperson. PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on There were no request for the addition, deferral or withdrawal of items on today's agenda. today's agenda. DECEMBER 14, 2015 - CEB EMERGENCY MEETING - PAGE 2 OF 3 VI. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling Case No. 14-060 Tax Ease Florida Reo LLC. 407 NE 9tn Avenue Consider lien reduction (Code $8,625/Public Works $639.29) This being a quasi-judicial proceeding, an oath was administered to those offering testimony, all responded affirmatively. Officer Sterling advised all events occurred within the corporate limits of the City of Okeechobee. The Officer's notes, testimony, photographs, and supporting documents were all entered as part of the official record. City Attorney John Cook addressed the board stating this property was abandoned several years ago and the City approved foreclosure. However, before any foreclosure action was taken the property was sold at a tax certificate sale to Tax Ease Florida Reo LLC. At that time Code Enforcement made several attempts to contact Tax Ease Florida Reo about cleaning and mowing the property, but nothing was ever done. Since the property was not in compliance the Code Board imposed a fine' of twenty-five dollars per day on January 4, 2015. Mr. Cook said a few weeks ago he was contacted by a title company who was trying to sell the property for Tax Ease Florida. The title company made a settlement offer of $3000.00 to satisfy both the Code Enforecement Lien of $8,625.00 and the Public Works Lien of $639.29. Attorney Cook advised the Board they could either accept the offer or continue to let the fine accrue and the City would have to continue maintaining the property. There was some discussion among the Board members. Chairperson Gamiotea reminded the board that the prospective buyer was not to blame for the large fine. He added, if we accepted the offer to reduce the lien the City would at least recover some of their expenses and the new owner would be responsible to maintain it. Member Close moved Case 14.060, Tax Ease Florida Reo LLC, 407 NE 9"' Avenue, be given a lien reduction of $3,000.00 with $2,361.00 satisfying Code Board Lien and $639.29 satisfying Public Works Lien, based on the testimony of City Attorney John Cook; seconded by Member Abney. GAMIOTEA - YES BOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES SWEDA - ABSENT ABNEY -YES MOTION CARRIED. DECEMBER 14, 2015 -CEB EMERGENCY MEETING - PAGE 3 OF 3 ADJOURNMENT - CHAIRPERSON GAMIOTEA. III TTHERE BEING HE MEETING AT03 1 FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED Jamie Gamiotea, Chairperson ATTEST: Sue Christopher, Secretary PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the fire department. Please be advised that if you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video or item must be provided to the Board Secretary for the City's record. CITY OF OKEECHOBEE EMERGENCY MEETING CODE ENFORCEMENT BOARD DECEMBER 14, 2015 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: December 14, 2015 Regular Meeting, 3:00 pm, City Hall, 55 SE 3' Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Rennae Sweda ,A) /C,'It wa � C f�iEL Board Member Lynn Boak ✓ Board Member Melissa Close ✓ Board Member Louise Conrad Board Member Ted Denisuk✓� Board Member Jim Pippin Alternate Member John Abney Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb smith / Code Enforcement Officer Fred Sterling / Secretary Sue Christopher IV. MINUTES - Secretary. c A. Motion to dispense with reading and approve Summary of Board Action for November 10, 2015 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. C� rn 7ZtJ1 ,�r PAGE 'I OF 2 PAGE 2 OF 2 VII. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 14-060 Tax Ease Florida Reo LLC 407 NE 9` Avenue Vill. ADJOURN MEETING - Chairperson Violation Consider lien reduction ($8,625 Code / $639.29 Public Works) PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the City Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the Fire Department. In accordance with Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA that needs special accommodation to participate in this proceeding, contact the Fire Department no later than two business days prior to the proceeding. (863)357-1971. Please be advised if you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video or item must be provided to the Board Secretary for the City's record.