Monday, September 14, 2009

SURPRISE

The Council Court Room was nearly packed to the virtual rafters at 8pm. Most of the attendees were Seniors who were there for the first reading of the 'Monarch Abatement Ordinance". which was to be the final item on the agenda.

SURPRISE! Council President after the opening ceremonies announced that the Ordinance was being with drawn pending some further Executive session discussion and it would be on the Sept 24(?) special meeting agenda. That meeting originally was just for introduction of the belated 2010 budget.

Because City night court is in session Thursday evening the meeting will be held in the small City Hall Library. Perhaps in view of the large turnout of seniors the last two Council meetings when it was to be a topic of discussion some other convenient meeting venue can be obtained.

Dasheild stated in response to questions that there were a few Code Violations and other matters that had to be ironed out before the CO was granted. At that point the developer is obligated to "sell" the Center to the city for $1.00. The City would then be responsible for nearly 13% of the building's operating expenses.

The Developer can not close any apartment deals until the City receives the title to the Center. When all the condo units are sold the Developer will then sell the so called "Veteran's Center" to the City for $1.00and the he City's share of the Condos responsibility to about 15%.

Both Dashield and the Corporation Counsel noted that once the City had title to the Center it can not be affected Dornoch or Fishman's finances.This is directly contrary to the impression the Mayor impromptu projected to the Seniors Tuesday,Sept.8.

The Agreement between UCIA (the seller) and the Purchaser states on page (9);
9. MORTGAGE FINANCING AND RIGHTS OF MORTGAGEE
(b)Release of the Senior Center. Upon Issuance of a Certificate of Occupancy for the Senior Center, any holder of a mortgage or other encumbrance or lien on the property in accordance with this Agreement shall execute written release of the Senior Center in recordable form.


The only possible problem rises in the fact that no CO has been issued yet because of (Dashield's words) "some code violations and other matters" (black faced mine). These were probably part of last weeks Executive session discussion and will be for the scheduled meeting on the 24th before the open public meeting.

There is a nagging impression that with out the CO Dornoch can retain legal possession of the Center unless it is determined that he is in default. Could the other matters be a form of "blackmail"? We will never know as long as the minutes of those executive sessions are not made public as required by law.


The rest of the meeting was sort of anticlimax, until the Public Commentary portion where several of the Seniors "blasted" the way they had to wait until after eleven to speak about the Abatement. In all due respect the Council members were unaware of the circumstances that resulted i their attendance.

This time , not fearing the loss of the Center several Seniors including Mrs Emily Washington, a fellow West Ender, spoke passionately against the "abatement issue" and its impact on their taxes.

The few other important issues acted upon will be discussed from my viewpoint subsequently.

1 comment:

  1. How can a brand new building have code violations? Didn't the city work with the developer during the construction of the building? Unbelievable!!!!!!!!!!!

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