[CALL TO ORDER]
[00:00:03]
GOOD AFTERNOON. I'D LIKE TO CALL THE MEETING FOR THE SPECIAL MAGISTRATE OF JUNE 18TH, 2025 TO ORDER.
IT'S 1 P.M.. MY NAME IS JAMES BEADLE. I'M THE PERSON THAT WAS APPOINTED BY THE CITY COUNCIL FOR THE CITY TO CONSIDER APPLICATIONS FOR REDUCTION AND CODE ENFORCEMENT LIENS. THE GENERAL PROCEDURE IS THAT THE APPLICANT WILL COME UP TO THE PODIUM AND PRESENT THE CASE FOR THE REDUCTION, AND THEN THE CITY WILL RESPOND, AND THEN YOU HAVE THE OPPORTUNITY TO RESPOND WHATEVER THE CITY PRESENTED.
[SWEARING IN]
AT THIS POINT, I'LL TURN IT OVER TO THE CLERK WHO WILL SWEAR IN WHOEVER IS GOING TO TESTIFY OR PRESENT EVIDENCE.IF YOU'RE GOING TO TESTIFY, CAN YOU PLEASE STAND AND RAISE YOUR RIGHT HAND? DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU.
MAY BE SEATED. OKAY. OUR FIRST CASE THIS AFTERNOON IS CB WAIT.
[PETITION FOR RELIEF]
ONE, TWO, THREE. AT 1374 PACKARD STREETS, NORTHWEST.HELLO. THANK YOU FOR TAKING YOUR TIME OUT OF YOUR DAY.
THANK YOU. OH, WE APPRECIATE THIS. YES. THANK YOU VERY MUCH.
OKAY. CAN YOU HEAR ME? YES. OKAY. HELLO. MY NAME IS ELIZABETH OLSEN.
I AM THE DAUGHTER AND EXECUTOR FOR BEVERLY RAY.
SHE PASSED AWAY ON DECEMBER 17TH, 2024. WHEN SHE PASSED AWAY, SHE WAS LIVING PART TIME IN A CONDO ON THE OTHER SIDE OF PALM BAY. SO I WAS NOT VISITING HER AT THE HOMESTEAD, 1374.
IT HAD BEEN QUITE SOME TIME SINCE I HAD SEEN THE HOUSE.
WHEN MY MOM PASSED AWAY AND I HAD SEEN THE CONDITION THAT IT WAS IN.
TOOK QUITE A NUMBER OF DAYS. WE DID IT BY HAND.
COULDN'T AFFORD THE BID THAT WAS PUT IN FOR $1,600 TO FIX EVERYTHING.
SO MY HUSBAND AND I TOOK THE TIME TO CLEAN IT ALL UP OURSELVES, AND WE'RE HOPING TODAY THAT THE CITY WILL LOOK AT US AND SEE THAT WE ARE NOT AS EQUIPPED TO HANDLE THIS TYPE OF LIEN.
AND WE'RE SELF-EMPLOYED. WE'VE HAD A BUSINESS PAINTING HOMES FOR FOUR YEARS NOW.
WE DON'T MAKE MUCH. I WOULD SAY THAT AN AMOUNT BETWEEN 1% AND TEN IS SOMETHING THAT OUR FAMILY WOULD BE ABLE TO HANDLE WITH SOME TIME TO PAY IT OFF. AND WE LOOK FORWARD TO WORKING WITH THE CITY.
I HAVE MY FRIEND DAWN HERE AND MY HUSBAND DALLAS, AND QUITE A FEW PEOPLE IN PALM BAY SUPPORT US MOVING HERE, AND WE'D BE COMING FROM COCOA. IT'D BE OUR FIRST TIME STEPPING FOOT IN THIS COMMUNITY, SO WE'RE HOPING THAT THE CITY WILL WORK WITH US AND DO A REDUCTION.
SO THAT WAS REALLY HARD. AND I DUG INTO ALL OF OUR FINANCES.
WE HAD TO TAKE OUT A SIGNIFICANT DRAW FROM OUR COMPANY IN ORDER TO PAY THAT.
THAT WAS $4,300. AND WE HAVE IT REINSTATED NOW.
I'D LIKE TO MAKE A COMMENT AND I'D LIKE TO INTRODUCE MYSELF.
MY NAME IS DAWN. I'M A RESIDENT HERE IN THE CITY.
I HAVE BEEN ON A ACTIVE RESIDENT IN THE CITY MANY YEARS.
I HAVE PROPERTY HERE AT 479 FOUNTAIN STREET, AS WELL AS OTHER PROPERTY HERE WITHIN THE CITY PROPER.
I MET THEM THROUGH THE INDIALANTIC ROTARY CLUB.
I'M A MEMBER OF THE PALM BAY ROTARY CLUB. SO THESE TWO PEOPLE ARE ROTARIANS AND WE GO BY A FOUR.
IT'S OUR MOTTO. IS IT THE TRUTH? IS IT FAIR TO ALL CONCERNED? WILL IT BUILD GOODWILL AND BETTER FRIENDSHIP? AND WILL IT BE BENEFICIAL TO ALL CONCERNED? AND THIS IS WHY I'M HERE TODAY.
[00:05:02]
AND WE KNOW THAT UNLESS SHE HAD SOME CRYSTAL BALL, THERE WAS NO WAY THAT SHE WAS REALLY AWARE OF THE CONDITION OF THE PROPERTY OVER THERE IN ITS NORTHWEST, RIGHT NORTHWEST. I APOLOGIZE, I WASN'T I SOUTH WEST, NORTHWEST.OKAY. I LIVE IN SOUTHWEST. BUT THE POINT IS THAT AS SOON AS THEY WERE MADE AWARE OF THE CONDITION, THEY WENT IN AND MANAGED IT AND THEY COULD NOT AFFORD TO GAIN OUTSIDE HELP.
SO THEY DID IT THEMSELVES. AND I WOULD LIKE YOU TO CONSIDER THAT THE PROPERTY IS IN GREAT SHAPE.
AND I HAVE LIVED HERE IN THE CITY AGAIN MANY YEARS, AND THERE ARE FOLKS THAT AREN'T AS CONSCIENTIOUS AS THESE TWO ARE IN DEALING WITH OUR CITY ON A REGULAR BASIS. IF THERE'S ANY WAY TO AFFORD THEM AS SMALL AN AMOUNT AS POSSIBLE.
THEY DO HAVE A YOUNG SON, GEORGE, AS WELL. SO IT'S NOT JUST THESE TWO YOUNG PEOPLE AND THEIR BUSINESS AND THIS ADDITIONAL PROPERTY THAT THEY PROPERTIES THAT THEY'RE TRYING TO CONTEND WITH.
I HAVE A MOM WHO LIVES HERE IN PALM BAY. OKAY.
AND OUR PARENTS ARE INDEPENDENT OF US. THEY'RE ADULTS.
AND AS MUCH AS WE'D LIKE TO HELP THEM, SOMETIMES THEY JUST DON'T RAISE THEIR HANDS.
THEY REALLY DON'T TELL YOU WHAT'S UP. FOR WHATEVER REASON, I REALLY WOULD LIKE TO.
I HOPE WE CAN, AS A CITY, AFFORD THEM A LITTLE ALLOWANCE GIVEN THEIR FINANCIAL CONDITION AS WELL AS THEIR CONSCIENTIOUS NEIGHBOR NATION NATURE IN RESOLVING THE ISSUE QUICKLY TO BENEFIT EVERYBODY AROUND THEM AT THAT POINT.
THE MAJORITY OF OUR YOUTH WENT TO CHRISTA MCAULIFFE ELEMENTARY.
THAT'S ACTUALLY WHERE ELIZABETH AND I FIRST MET, COINCIDENTALLY.
WAY BACK WHEN. AND WENT TO PALM BAY CAMPUS, BC.
AND THAT'S WHERE WE MET AS ADULTS. AND, OH, WE WANTED TO MOVE BACK HOME.
AREN'T YOU INCOMING PRESIDENT? YES. AND I'M CURRENT TREASURER.
RIGHT. FOR THE ROTARY CLUB OF INDIALANTIC. WHO? I DON'T KNOW IF YOU'VE EVER LOOKED AT THE ROSTER OF THAT CLUB, BUT IT HAS MEMBERS THAT HAVE BEEN PART OF OUR COMMUNITY FOR DECADES. AND THESE TWO YOUNG PEOPLE ARE CONSIDERED FAVORITE MEMBERS.
THANK YOU. THANK YOU. THANK YOU. AND WHAT'S THE CITY'S POSITION? VALERIE. CODE COMPLIANCE DIVISION MANAGER. IT APPEARS THAT THIS PROPERTY WAS ONLY IN VIOLATION FOR MAYBE FIVE MONTHS.
TAKING INTO CONSIDERATION THEIR TESTIMONY AND THAT THEY'RE WILLING TO PAY 1 TO 10%.
I THINK WE CAN AGREE TO 5% OF THE LEAN AMOUNT PLUS THE 750.
ADMINISTRATION FEES. THANK YOU. I APOLOGIZE FOR INTERRUPTING ONE MORE TIME. NO, I'M SORRY, SHE'S NOT DONE YET.
OH. THANK YOU. SO THE 5% OF THE TOTAL LEAN AMOUNT OF.
WHAT WAS I. EXCUSE ME. I'M JUST DOING SOME FIGURES.
THANK YOU. GO, GATORS! SO, 5% OF 23,107.24 COMES OUT TO $1,155, WITH THE ADDITIONAL 750 ADMINISTRATIVE FEES. IT'S 1905.
YES. DOES THIS HAVE ANYTHING FURTHER? NO, SIR. OKAY. SO I'M ASKING THE APPLICANT, NOT YOU.
WHICH WHAT'S YOUR POSITION REGARDING HIS TESTIMONY? THANK YOU. IS THERE ANY WAY THAT IT COULD BE REDUCED DOWN TO 1%? 1%. WHAT? LET ME. LET
[00:10:08]
ME TELL YOU HOW THE PROCESS WORKS. AND I'LL TELL YOU WHY.THE ANSWER TO THAT QUESTION IS NO. OKAY. THE CITY'S TESTIMONY BASICALLY IN EVERY ONE OF THESE HEARINGS IS, IS THAT IT'S IT'S NOT JUST THE FACT THAT. WHATEVER YOU DO IS YOU PUT INTO THE PROPERTY.
THE PROBLEM IS THE CITY'S GOT OUT OF THEIR OWN STAFF TIME FOR HAVING TO PROSECUTE, QUOTE UNQUOTE, THE LEAN PROCEDURE. AND AS A GENERAL PREMISE, THE CITY GETS 750 BUCKS NO MATTER WHAT, BECAUSE THAT'S WHEN THEY TESTIFY.
AND ACTUALLY SUBSEQUENT INSPECTIONS ARE USUALLY INCLUDED IN THAT ALSO.
OKAY. SO THERE'S THERE'S NO WAY THAT I'M GOING TO DO IT FOR LESS THAN $750.
OKAY. I CONSIDER OTHER ISSUES, BUT SO JUST TO LET YOU KNOW THAT $750 IS ALMOST ALWAYS THE BASE NUMBER THAT WE WORK FROM.
YES, SIR. I'M INCLINED TO LOWER THE AMOUNT THE CITY IS SEEKING, BUT BASED UPON THE MONIES YOU'VE EXPENDED AND TIME YOU'VE EXPENDED, AND WITH THE NATURE OF THE VIOLATION WAS TO BEGIN WITH.
WHAT I'M GOING TO DO IS I'M GOING TO LOWER THE FINED AMOUNT TO $1,200.
THANK YOU. THE QUESTION IS, YOU SAID THAT YOU MAY NEED SOME TIME.
NORMALLY, THE ORDER PROVIDES THAT IT'S TO BE PAID WITHIN 30 DAYS.
OKAY. SO I NEED TO KNOW WHAT TIME FRAME YOU'RE LOOKING AT.
CAN WE MAKE THE TWO ITEMS SEPARATE PAYMENTS? WOULD THAT MAKE ANY? WHAT DO YOU MEAN? WOULD THAT BE ALLOWABLE? IT'D BE FINE.
AND THE PROCESSING FEE? NO, IT'S ALL ONE. IT'S ALL ONE.
WOULD YOU CONSIDER 90 DAYS? THAT'S FINE. THANK YOU.
KNOW. THAT'S GREAT. AND LIKE I SAID, IF YOU CAN'T GET IT, IF YOU CAN'T MAKE THE FINAL PAYMENT WITHIN THE 90 DAYS, I MEAN, YOU CAN MAKE PAYMENTS ALONG THE WAY, SO TO SPEAK.
BUT IF YOU CAN'T MAKE THE FINAL PAYMENT ON OR BEFORE THE 90 DAYS, IT WILL BE IN THE ORDER YOU NEED TO GET BACK IN FRONT OF THE CITY AND GET BACK IN FRONT OF HERE BEFORE THAT TIME RUNS OUT. THANK YOU SO MUCH.
YES. WE'RE STARTING A NEW JOB TOMORROW, SO WE SHOULD BE ABLE TO COME UP WITH THAT MONEY SOON.
OKAY. THANK YOU. YES. HAVE A GOOD DAY. WELL, THANK YOU VERY MUCH.
THANK YOU SIR. AND. I'LL EMAIL YOU THE ORDER SO YOU'LL GET THAT IN YOUR EMAIL.
OKAY. THANK YOU. OKAY. YOU'RE WELCOME. OUR NEXT CASE IS CB 2461424 AT 107 HURST SIDE AVENUE, NORTHWEST. GOOD AFTERNOON, YOUR HONOR. HELLO.
JUST YOUR NAME. OKAY. AND WHO ARE YOU IN RELATION TO DIANE BURNS? SO THAT IS MY GRANDMOTHER. THE OWNER OF THE HOUSE AT 107 HEARTHSIDE AVENUE WAS ORIGINALLY MY AUNT LISA GREEN.
I HAVE HER DEATH CERTIFICATE HERE. THAT JUST SHY OF TWO YEARS AGO, SHE PASSED AWAY.
MY FATHER, MICHAEL BURNS, HER BROTHER, WAS SUPPOSED TO BE TAKING CARE OF THIS.
THAT IS MY GRANDMOTHER'S SON, AND HE WAS SUPPOSED TO BE HANDLING THIS.
LAST SUMMER, MY GRANDMOTHER, SHE IS 82 YEARS OLD, HAD A SERIOUS FALL.
SHE IS NOW COMPLETELY BEDRIDDEN AND WITH SEVERE DEMENTIA.
SHE LIVES AT 1441 WALDRON STREET, JUST DOWN OFF OF SAN FILIPPO.
THEY DID A SUMMARY ADMINISTRATION THROUGH PROBATE WHERE THEY EVEN PUT IT THROUGH THE SYSTEM.
AND MY UNDERSTANDING WAS THIS CODE WAS ACTUALLY NOT EVEN FOUND UP UNTIL WE ACTUALLY HAVE THE SALE OF THE HOUSE THAT WAS SCHEDULED FOR TWO MONTHS AGO, AT WHICH POINT I RECEIVED NOTICE FROM THE CODE COMPLIANCE THAT THERE WAS $26,000 IN FINES,
[00:15:02]
AS WELL AS A $500 LIEN ON THE PROPERTY. I HAVE PAID THE $500 LIEN.I HAVE THE RECEIPT OF PAYMENT RIGHT HERE, AS WELL AS THERE WAS A TAX CERTIFICATE THAT WAS PURCHASED ON THE PROPERTY DUE TO BACK TAXES IN THE AMOUNT OF $3,458 FOR THE YEAR OF 2024 AND $490.88 FOR 2023.
BOTH OF THOSE HAVE BEEN PAID PRIVATELY BY ME.
ONCE I LEARNED ABOUT THE CONDITION, I IMMEDIATELY WENT OUT.
I DO NOT. IT WAS ABOUT PROBABLY CHEST HIGH GRASS.
I DO NOT HAVE A LAWN MOWER, SO UNFORTUNATELY I HAD TO SPEND ABOUT FIVE HOURS EVERY DAY WITH A WEED EATER, AND I HAVE PHOTOGRAPHS OF SOME OF THE DOCUMENTATION OF ME OUT THERE WITH ESSENTIALLY A WEED EATER ON THE PROPERTY.
IT HAS NOW BEEN ENCLOSED WITH ORANGE. I GUESS TEMPORARY PLACEMENT THAT YOU WOULD CALL IT THERE.
I'M GOING TO BE VERY CANDID WITH THIS COURT. THE HOUSE IS A STAIN ON THE COMMUNITY.
IT ABSOLUTELY IS. THE FLOOR. AND THAT HOUSE IS MORE DOG POOP THAN FLOOR.
SHE HAS ABSOLUTELY NO MONEY OUTSIDE OF HER SOCIAL SECURITY OF 1680 PER MONTH THAT SHE RECEIVES.
SO GIVEN THE SITUATION, YOUR HONOR, I WILL ALSO MENTION I AM A LIFELONG RESIDENT.
I WAS A PUBLIC DEFENDER OVER IN VIERA FOR SIX OF THE LAST SEVEN YEARS.
I JUST LEFT LAST LAST YEAR. SO I HAVE BEEN PRETTY MUCH A LIFELONG RESIDENT OF THIS COUNTY AND OF THIS CITY IN PARTICULAR, THREE GENERATIONS NOW. AND I WOULD JUST ASK THE COURT TO TAKE THAT INTO CONSIDERATION.
OKAY. WHAT'S THE CITY'S POSITION, VALERIE? CODE COMPLIANCE DIVISION MANAGER.
CONSIDERING THE CIRCUMSTANCES AND THE EXPENSES THAT HAS ALREADY BEEN PUT OUT FOR THIS PROPERTY THE CITY IS SEEKING THE $750 ADMINISTRATIVE FEES. AND ASKING 5%. OF THE TOTAL. WHICH I'M GOING TO CALCULATE.
I HAVE TO FIX THE FIGURES. SO GIVE ME A SECOND $1,050 AND 30, THEN $0.30.
$1,050. DID YOU SAY $0.30? OKAY. OR $0.20? EXCUSE ME? NO $0.30. THAT'S RIGHT. 18 136. OKAY. SO DO YOU HAVE ANYTHING ELSE? NO, SIR. THANK YOU. SO THE TOTAL THE CITY'S ASKING FOR IS $1,800.30.
CORRECT. AND DO YOU HAVE A RESPONSE TO THAT? I'LL TAKE WHATEVER I CAN GET, YOUR HONOR.
DID. THEY DID IT. HAD ANYBODY BEEN IN CONTACT WITH THE CITY UNTIL MR. BURNS CONTACTED THE CITY ABOUT THIS VIOLATION? NOT THAT I'M AWARE OF. OTHER THAN THE COMMUNICATION BETWEEN HIM AND JEANIE REGARDING THE MAGISTRATE.
OKAY. AND HOW LONG WAS THIS PROPERTY IN VIOLATION? FROM MARCH 28TH, 2024 UNTIL MAY 20TH, 2025.
WHAT WAS THE EXTENT OF THE SCREEN DAMAGE AROUND THE POOL ENCLOSURE? I HAVE A PICTURE I CAN SHOW YOU. OKAY. THE BLACK AND WHITE ONE DOESN'T SHOW IT VERY WELL.
[00:20:07]
DOES YARD HAVE A FENCE? NO, SIR. THE BACKYARD HAS A PATIO FENCE, BUT NOT THE ENTIRE YARD.WHAT WAS THE CONDITION OF THE POOL? GREEN IS THE TREES AROUND IT.
I'M GOING TO DO SIMILAR TO THE LAST ONE. I'M GOING TO REDUCE IT TO $1,200.
THANK YOU. BASICALLY, IT'S GOING TO BE USED FOR YOUR.
FOR YOUR GRANDMOTHER. YES, SIR. GRANDMOTHER'S EXPENDITURES.
AND AS I INDICATED TO THE PRIOR CASE, THE NORMALLY IT'S 30 DAYS.
IS THAT A PROBLEM TO PAY THAT IN 30 DAYS? I CAN PAY TODAY AS LONG AS I CAN PAY WITH A CARD. IF I GOT TO GO GET CASH OR A CHECK, I JUST HAVE TO RUN AND DO THAT. WELL, THERE'LL BE AN ORDER ENTERED IN THE CITY, WILL PROVIDE IT TO YOU AND YOU CAN MAKE PAYMENT.
OKAY. YOU MAKE PAYMENTS WITH THEM? YES, SIR. 30 DAYS INVOLVED.
I DON'T GET INVOLVED IN ANY OF THAT. OKAY, WE'LL ENTER AN ORDER.
THANK YOU SO MUCH, EVERYBODY. HAVE A WONDERFUL DAY. ME TOO.
[ADOPTION OF MINUTES]
AND I SIGNED THE MINUTES FROM THE LAST MEETING.THERE BEING NO OTHER BUSINESS MEETINGS. ADJOURNED AT 122.
* This transcript was compiled from uncorrected Closed Captioning.