Fabrizio Gowdy
Gadsden County News Service
Havana Town Council members disagreed over how to handle code enforcement violation at their Jan. 27 regular meeting.
The council first discussed a proposal to update code violation fines on the old Havana Elementary School property to $567,000. The vacant and blighted asbestos-ridden property has been accumulating fines at a rate of $500 per day for years. The property owner resides in Windmere, Fla. and has not responded to repeated communications from the town.
Councilman Matt Wesolowski raised the idea of filing a lawsuit to force foreclosure on the property, which would require a public auction. Wesolowski argued that it was untenable to continue “kicking the can down the road.”
However, town attorney Jody Finklea advised the board that the town could be on the hook for the property owner’s legal fees if the foreclosure lawsuit is unsuccessful, which was a cause for concern for some council members.
“I’m not a gambler — that’s a huge risk to put the town in that situation,” said Councilwoman Tabatha Nelson.
Taking the floor, Havana resident David Wesolowski argued that allowing the property to continue to deteriorate posed a bigger risk than potential legal fees.
“You talk about making a gamble, the gamble is waiting for somebody to get hurt over there, not $3,000 to $5,000,” said Wesolowski, referring to a fee estimate he’d received from a local foreclosure attorney.
Some council members expressed concern that no one would show up to the auction and the town would be stuck with the property. In response, David Wesolowski countered that he attends “nearly every single” foreclosure auction and has never been the only person in attendance.
The council ultimately voted unanimously to again increase the fines on the property.
However, the other property on the agenda facing updated code enforcement fines — a home at 605 E. 9th Ave. — proved more divisive. Councilman Wesolowski argued that the 9th Ave. homeowner has no reason to think the council is serious about collecting fines on his property when the town has allowed the elementary school owner to ignore mounting fines for years.
“One we’re dealing with a Havana resident, and one we’re dealing with an outsider, and we keep kicking the can down the outsider, but we’re going to push forward to really crack down the Havana resident,” said Wesolowski.
Mayor Eddie Bass and Councilwoman Penny Key insisted that the town has to follow its code enforcement process, and that voting not to fine any one property owner would “open a can of worms” that would encourage others to ignore code enforcement.
“It’s right down the street from me and it’s and eyesore. It needs to be cleaned up,” said Bass.
That comment seemed to bother Mayor Pro Tem Lawrence Reed, who stressed the need to apply code enforcement fairly.
“Mr. Mayor, it shouldn’t be because it’s down from your house. It shouldn’t be that. It can be down at the end of town where nobody’s there,” said Reed.
After several minutes of debate, the council voted to increase the fines, with Wesolowski and Reed voting “nay.”
In other business, the council:
- Voted to secure a loan up to $100,000 to finance the remaining portion of the town’s new $1.1 million public safety complex. The project was funded by a $1 million legislative appropriation, with the understanding at the time being that the town would fund the rest.
- Approved upcoming improvements to the Havana Public Library funded by a county grant.
- Approved a $969,206 task order on a state-funded $7.4 FDEP grant to improve lift stations. A representative from Dewberry Engineers said groundbreaking could occur in eight to 10 months, and that the project might take 18 to 24 months.
- Voted to apply for grants from Firehouse Subs and the Florida Forest Service to purchase a special $30,000 washing machine for the Havana Volunteer Fire Department that cleans carcinogens and other dangerous chemicals off of firefighters’ bunker gear.
- Appointed Wesolowski and HPD Chief Kenneth Lewis to serve on the two-member canvassing board if needed for the April 28 municipal election. Councilman Landon Seymour (group 4), Reed (group 5), Eddie Bass (group 6), and Councilman Howard McKinnon (group 7) are up for re-election.
- Moved the date of the April meeting from April 28 to April 21 to avoid conflict with the municipal election.
Seymour was absent from Tuesday’s meeting. The next meeting of the Havana Town Council will be held Tuesday, Feb. 24 at 6 p.m.
