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CEB Minutes 03/29/2005 W March 29, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD WORKSHOP Naples, Florida, March 29, 2005 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board in and for the County of Collier, having conducted business herein, met on this date at 9:30 AM for a Workshop at Community Development Environmental Services Building, 2800 North Horseshoe Drive, Conference Room #609, Naples, Florida, with the following members present: CHAIRMAN: Clifford Flegal George Ponte Raymond Bowie Gerald Lefebvre Roberta Dusek-Absent Sheri Barnett-Absent Nicolas Hemes-Absent Richard Kraenbring-Absent ALSO PRESENT: Michelle Arnold, Code Enforcement Director Leonardo Bonanno, Secretary to the Board Jean Rawson, Assistant County Attorney Jennifer Belpedio, Assistant County Attorney 1 __..________...-..d~~---·,,_··, CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA WORKSHOP AGENDA Date: MARCH 29, 2005 at 9:30 a.m. Location: Community Development and Economic Services 2800 North Horseshoe Drive, Naples 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 VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL [S TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. TOPICS OF DISCUSSION A. ANNUAL ETHICS COVERAGE 1. Distribution of Materials - Leonardo Bonanno, Secretary to the Board B. ABSENTEEISM 1. Distribution of 2005 CEB Calendar - Leonardo Bonanno, Secretary to the Board C. EVIDENCE PACKET DISTRIBUTION 1. Topic of Discussion submitted by Clifford Flegal, Code Enforcement Board Chairman D. EXECUTIVE SUMMARIES 1. Topic of Discussion submitted by Roberta Dusek, Code Enforcement Board Vice Chairman E. LIEN ENFORCEMENT: MORTGAGE FORECLOSURES & HOMESTEADED PROPERTIES 1. Topic of Discussion submitted by Raymond Bowie F. CODE ENFORCEMENT RECOMMENDATIONS 1. Topic of Discussion submitted by George Ponte G. CODE ENFORCEMENT BOARD RULES AND REGULATIONS 1. Length of Chairman Term - Topic of Discussion submitted by George Ponte 2. Authority of the Secretary to the Board - Topic of Discussion submitted by Michelle Arnold, Director 3. Public Comments - Topic of Discussion submitted by Jennifer Belpedio, Assistant County Attorney 4. Chairman Impeachment - Topic of Discussion submitted by Sheri Barnett H. OFFICER PROCEDURES 1. Topic of Discussion submitted by Richard Kraenbring I. NOTEWORTHY CASES 1. BCC vs. Philip Marrone CEB 2001-13 4. MISCELLANEOUS 5. NEXT CEB HEARING MARCH 30, 2005 6. ADJOURN March 29,2005 1. The workshop was called to order by Chairman Clifford Flegal at 9:33 AM. Roll call was taken with a quorum established. Ms. Barnett, Mr. Kraenbring, Mr. Hemes and Ms. Dusek were not in attendance. 2. Approval of Agenda - accepted with no changes. 3. Topics of Discussion: A. Annual Ethics Coverage 1. Distribution of Materials - Leonardo Bonanno, Secretary to the Board Michelle Arnold stated if anyone has any questions after reviewing it, to bring it to her attention. B. Absenteeism 1. Distribution of 2005 CE Calendar - Leonardo Bonanno, Secretary to the Board. The Hearing Schedule was distributed and Mr. Flegal reminded everyone to make sure they attend all the hearings unless an emergency. · Workshops are important. · Directory with names and addresses handed out. · Important to notify Chairman or Leo Bonanno (Sec) when being absent from a meeting. C. Evidence Packet Distribution 1. Topic of discussion submitted by Clifford Flegal, Code Enforcement Board Chairman - Discussed the following issues of not having packets in advance of hearings: · Meetings being typical of a court with testimony · Not receiving packets with all the information in advance · Having presentations given from both sides at the hearings · Act like a jury · Will save Secretary many hours from sending out packets Jean Rawson discussed concerns dealing with introducing items into evidence, rulings, testimony, due process and fair trials. Leo Bonanno informed them the Special Master handles it that way - getting evidence the day of. The Special Master likes it, as it is too time consuming otherwise. A lengthy discussion followed concerning receipt of pictures and having evidence in advance, pre-determination of cases and procedures. It was a consensus of those in attendance to try the new procedure of receiving evidence at the hearings. It will be brought up at their Wednesday meeting. Ms. Rawson will make the necessary changes to the By-Laws. 2 March 29, 2005 D. Executive Summaries 1. Topic of discussion submitted by Roberta Dusek, Code Enforcement Board Vice Chairman - Ms. Dusek was not in attendance. After the above discussion it was decided this is a mute subject. E. Lien Enforcement: Mortgage Foreclosures & Homesteaded Properties 1. Topic of Discussion submitted by Raymond Bowie - (Attached) Some concerns and proposals: · Code Liens not being good against Homesteaded property · A bigger problem is when owner sells property subject to existing code violations. · Appears County Attorneys office hasn't secured payment of code liens when mortgage foreclosures take place upon the property that has a lien · Homestead rights and Power of Attorney discussed · Several proposals were given in the handout (Attached) · Three "Exhibits" were introduced and discussed (Attached) It was asked of the County Attorneys office to look into the solutions and forms. F. Code Enforcement Recommendations 1. Topic of Discussion submitted by George Ponte - the Rules & Regulations state limiting the Chairmanship for 2 years. He would like to see an option to continue. It may not be easy to find someone on the Board to fill the Chairman's position. The Chairman may want to continue or not continue but would like to have that option created. Ms. Rawson responded they need to decide whether they want "term limits." Many Boards have "term limits." The Rules & Regulations can be changed. Michelle Arnold will check on the "term limit" and let the Committee know tomorrow if the Rules & Regulations can be revised to make the change. G. Code Enforcement Board Rules & Regulation 1. Length of Chairman Term - Topic of Discussion submitted by George Ponte - discussed above. 4. Chairman Impeachment - Topic of Discussion submitted by Sheri Barnett - Mr. Flegal mentioned Sheri's concern was an uncontrollable Chairman with no provision to remove them. Ms. Rawson stated it would have to state "with cause", and then state what the cause is. Mr. Flegal did not agree. After some discussion, it was decided to ask Sheri to bring it up at tomorrow's meeting and Ms. Rawson will see what the Commissioners regulations state and model it after their rules. 3 March 29, 2005 Discussion followed on cases being justified and why. Members need to make sure any fines etc., are justified, and ifthere is a question, it should be asked. 2. Authority of the Secretary to the Board - Topic of discussion submitted by Michelle Arnold, Director - discussed how much authority the Secretary has in preparing the Agenda with time periods, after-the-fact rehearing etc. The Secretary knows the appeals process and rules and if a packet is presented after the deadline date, does the Secretary have the authority to say "no?" If the rules and deadlines are not met, it is not to be put on the Agenda unless it is an appeal process. They have a right to come that day, but the Board doesn't have to hear it. The Committee stated they need to live by the Statutes with no exceptions. 3. Public Comments - Topic of Discussion submitted by Jennifer Belpedio, Assistant County Attorney - she explained a possible revision to the rules and regulations with adding "Public Comments" at the end of their Agendas allowing person/s to speak before the Board. An incident occurred in the past in which a person had been through a hearing process, fined and then wanted to speak before the Board. He felt he wouldn't be allowed to speak, so he signed up for Public Petition before the BCC. The BCC advised and took the direction that a person should be able to speak before a public forum. She and Ms. Rawson came up with wording that would allow a person to speak under "Public Comment." This would not be for lodging complaints, but to just speak. No action taken and a 3-minute limit. The Committee was not in favor of the suggestion for the following reasons: · Not in the business of listening to people just talk. · The Board's purpose is for infractions, hearing the case and making a decision unless they appeal. · Do not want to have a Public Forum to listen to people meander. · No screening mechanism - too wide open. · Is not a Town Meeting. · Why open up a "can of worms" after there has been a decision already made. · They are there for one purpose. · Could be abused by many........ .discussed in further detail · They had a concern of "anyone" talking about "anything" - being a non-agenda item. · A person wanting to talk about their case again is not what they feel their hearings are all about. It was suggested they discuss it at tomorrow's meeting - the transcript from the BCC win be provided the members before discussing. 4 March 29, 2005 H. Officer Procedures 1. Topic of Discussion submitted by Richard Kraenbring- Mr. Kraenbring was not in attendance. His concern was: procedures to follow when being a Chairman of a meeting. Would like to see it formalized so a Chairman would know what to say and when. Mr. Flegal hoped whoever is Chairman has been on the Board for awhile understanding the process and procedures of the past in order to be an effective Chairman and/or Vice Chairman. I. Noteworthy Cases 1. BCC vs. Philip Marrone CEB 2001-13 - Jennifer Belpedio - a packet was distributed with a memo. (Attached) The Board will be asked to approve fines against the Marrone's but just the status of the Circuit Court Case Ruling. She gave a history of the past concerning the sign violation - Little Italy Restaurant. Fourteen months were given to abate the violation. Many deadlines passed. Circuit Court ordered that the CEB was correct in not having jurisdiction. Being the hearing hasn't occurred, she asked discussions be limited to future process for rescheduling motions and any amendments to the Rules and Regulations. 4. Miscellaneous · Will try to schedule a Workshop for Board Members · Subpoena forms will be available for use. · Orders - read into the record once is all that is necessary - can state a summary rather than being redundant is all that is needed. · Rules and Regulations and the new program for the packets discussed earlier will start in May - to be voted on in April 5. Next CEB Hearing March 30, 2005 There being no further business for the good of the County, the workshop was adjourned by the chair at 11 :40 PM. ******** COLLIER COUNTY CODE ENFORCEMENT BOARD WORKSHOP Chairman Clifford Flegal 5