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CEB Minutes 12/18/2000 R December 18, 2000 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD OF COLLIER COUNTY Naples, Florida, December 18, 2000 LET IT BE REMEMBERED, that the North Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: NOT PRESENT: ALSO PRESENT: Clifford Flegal Roberta Dusek Kathryn M. Godfrey-Lint Darrin M. Phillips Peter Lehmann George Ponte Rhona Saunders Diane Taylor Don W. Kincaid Jean Rawson, Attorney, Code Enforcement Board Michelle Arnold, Code Enforcement Director Page I CODE ENFORCEMENT BQARD OF CQLLIER COUNTY, FLORIDA AG_EN_DA Date: Location: December 18, 2000 at 9:00 o'clock A.M. 3301 E. Tamiami Tr., Naples, Florida, Collier County Government Center, Administrative Bldg, 3rd Floor NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 2. 3. 4. ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES PUBLIC HEARINGS November 30, 2000 A. BCC vs. Franklin T. 'Baker, III B. BCC vs. Franklin T. Baker, III C. BCC vs. Franklin T. Baker, III D. 5. NEW BUSINESS CEB No. 2000-043 CEB No. 2000-044 CEB No. 2000-045 Re(Iuest for ImDosition of Fines/Lien A. BCC vs. Houston Unlimited, Inc. 6. OLD, BUSINESS A. ~CC vs. Mark A. an~ Susan M. Harmon ~RTSJ 11. N~P ~EET~ DAT~ Janua~ 25, 2000 12. ADJOU~ CEB No. 2000-036 CEB No. 2000-034 December 18, 2000 CHAIRMAN FLEGAL: Good morning. I call the Code Enforcement Board to order. Please make note, any person who decides to appeal a decision of this board will need a record of the proceedings training thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. It's cold, I'll get it out eventually. May we have the roll call, please? MS. KRAYCIK: Judy Kraycik for Code Enforcement. I'll do the roll call. Roberta Dusek? MS. DUSEK: Here. MS. KRAYCIK: Clifford Flegal? MR. FLEGAL: Here. MS. KRAYCIK: Kathryn Godfrey-Lint? MS. LINT: Present. MS. KRAYCIK: Peter Lehmann? MR. LEHMANN: Here. MS. KRAYCIK: Darrin Phillips? MR. PHILLIPS: Here. MS. KRAYCIK: George Ponte? MR. PONTE: George Ponte, here. MS. KRAYCIK: Rhona Saunders? MS. SAUNDERS: Here. MS. KRAYCIK: Diane Taylor? MS. TAYLOR: Present. CHAIRMAN FLEGAL: Thank you. We'll make note that since Mr. Kincaid isn't here, Ms. Godfrey-Lint, being our first alternate, will participate today. Approval of our agenda. Are there any corrections, deletions? MS. ARNOLD: Yes. For the record, Michelle Arnold, code enforcement director. We do have on there approval of minutes, but you all did not get your minutes. We just received them on Friday, so we'll put that on the next agenda for the November, as well as this meeting. And I am recommending that we continue Items A, B and C. Page 2 December 18, 2000 We were advised after notice of the public hearing that there's new ownership. So we're going to continue that item -- those items. As well -- and that's under public hearing. As well as under old business, Board of County Commissioners versus Mark A. and Susan M. Harmon. We were called on Friday as well and asked for a continuance of that particular item. I believe Ms. Harmon is not able to attend because of an illness. CHAIRMAN FLEGAL: Okay. Any other changes? I would entertain a motion to accept the agenda as changed. MS. DUSEK: So moved. MR. LEHMANN: So moved -- second. CHAIRMAN FLEGAL: We have a motion and a second to accept the agenda as changed. All those in favor, signify by saying aye. Those oppose? (No response.) CHAIRMAN FLEGAL: Thank you. Since our minutes are put off till our next meeting, we'll skip that item. We have no public hearings. This is getting too easy. New business. Imposition of fines. MS. ARNOLD: Okay, this item was heard before you on September 28th. That's for Board of County Commissioners versus Houston Unlimited, Inc. At that time the board found the respondents in violation and ordered that the violation be corrected within 60 days. And that was November 28th. And failure to correct the violation within that time period would will require imposition of fines of $50 each day the violation continued. Staff is at this time recommending an affidavit of noncompliance with the date of December 8th, and requesting that we impose fines for $550 for the time period of November 28th through December 8th at a rate of $50 per day plus $609.51 of operational costs. CHAIRMAN FLEGAL: I'd entertain a motion to accept a request for imposition of fines. MR. PONTE: I'll second. MR. LEHMANN: I'll move. CHAIRMAN FLEGAL: I was going to say -- okay, we have a Page 3 December 18, 2000 motion and a second, or a second and a motion. MS. DUSEK: I just -- CHAIRMAN FLEGAL: Yes, ma'am? MR. PONTE: We're very speedy this way. MS. DUSEK: I think it's a typographical correction. Instead of 450, how it's written out. In parenthesis it's 550, so it should be 500 (sic)? CHAIRMAN FLEGAL: In our summary, yes. MS. ARNOLD: It should be 550? CHAIRMAN FLEGAL: Well, let's do -- MS. DUSEK: Yes. CHAIRMAN FLEGAL: -- the math to double-check it. MS. DUSEK: In the recommendation, about the second sentence, in the amount of 450, and then in parenthesis, you have 550. It actually is 550. MS. ARNOLD: Yeah. CHAIRMAN FLEGAL: We have a motion and a second to impose the fines. Any other discussion? All those in favor, signify by saying aye. Any opposed? (No response.) CHAIRMAN FLEGAL: Thank you. Old business is continued. Do we have any reports to be made by staff? MS. ARNOLD: No reports. CHAIRMAN FI. EGAL: Comments to be made by anyone? MS. SAUNDERS: I have a comment, Mr. Chairman. CHAIRMAN FLEGAL: Yes, ma'am. MS. SAUNDERS: Since it's season and traffic and parking is getting to be difficult, I wonder if the board would be amenable to meeting at 8:30 in the mornings, perhaps, until summer, rather than 9:00. CHAIRMAN FLEGAL'. I think it's based on the availability of the room. I think we discussed that at one time, didn't we? MS. ARNOLD: I think the room should be available by 8:30, but we can check that. Because there's no one else in here prior to our meetings. But we can check 8:30. Is that okay with counsel? CHAIRMAN FLEGAL: I personally don't have a problem. What's the rest of the board's -- Page 4 December 18, 2000 MS. RAWSON: It's great with me. Actually, we used to meet at 8:30 and I think we moved it to 9:00 to accommodate me. And I appreciated that, but I don't need to be accommodated anymore, because I don't have that other early morning meeting. I can be here anytime. MR. PONTE: I for one prefer a 9:00 start. MS. TAYLOR: I do, too. CHAIRMAN FLEGAL: Let's do it this way, since it's a democratic society -- MS. ARNOLD: And you can't change your vote. CHAIRMAN FLEGAL: I haven't voted yet, so -- MS. SAUNDERS: You still can't change your vote. CHAIRMAN FLEGAL: I'm not sure where the chads are. MR. LEHMANN: For God's sake, make sure they're out. No hanging chads. CHAIRMAN FLEGAL: All those who would like to keep it at 9:00, so we don't get confused by voices, raise their hand, please. Five. Well, that kind of -- five out of seven? We don't need to change it. Sorry. MS. SAUNDERS: That's okay. CHAIRMAN FLEGAL: Anybody else have any comments? MR. LEHMANN: Other than wishing staff and everybody Merry Christmas and happy holidays, and to the board. MS. ARNOLD: Thank you. CHAIRMAN FLEGAL.' I would echo that. I think everybody on the board and the staff and our attorney has been great this past year. I hope you have a great holiday and that maybe next year is a little easier for us. But I think you've all been terrific, and I appreciate it greatly, as your chairman. MS. RAWSON: Thank you for this Christmas present. This is the fastest meeting I can remember. MS. ARNOLD: I was just going to say, Merry Christmas, and that's my gift to you, getting you out of here in a reasonable amount of time. CHAIRMAN FLEGAL: Michelle said we may have a short meeting. I said gee, we've said that before and have been here till 2:00, so -- but it is terrific. And I hope you all do have a happy holiday. Any other comments? Page 5 December 18, 2000 Our next meeting is set for January 25th at 9:00. I would entertain a motion to adjourn. MS. SAUNDERS: So moved. MR. PONTE: Peter? MR. LEHMANN: I'll second. CHAIRMAN FLEGAL: We have a motion and a second to adjourn. All those in favor, signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN FLEGAL: Thank you very much. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:12 a.m. COLLIER COUNTY CODE ENFORCEMENT BOARD CLIFFORD FLEGAL, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, RPR Page 6