Agenda 10/28/2008 Item # 9K
Agenda Item No, 9K
October 28,2008
Page 1 of 18
EXECUTIVE SUMMARY
FOR THE BOARD OF COUNTY COMMISSIONERS TO DISCUSS THE ONGOING
ISSUES WITH VITA TUSCANA AND THE FRUSTRATION OF THE RESIDENTS OF
OLDE CYPRESS WITH STAFF'S LACK OF OVERSIGHT IN ENFORCING THE
BOARD'S ORDINANCES.
OBJECTIVE: For the Board of County Commissioners to discuss the ongoing issues with Vita
Tuscana and the frustration of the residents of Olde Cypress with stairs lack of oversight in
enforcing the Board's ordinances.
CONSIDERATIONS: To address concerns of the resident's ofOlde Cypress with regard to the
developer of Vita Tuscana's lack of compliance with County ordinances and their frustration
with staff's lack of oversight for enforcement.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
LEGAL CONSIDERATIONS: NONE
,.....-.
RECOMMENDATION: To address concerns of the resident's of Olde Cypress with regard to
the developer of Vita Tuscana's lack of compliance with County ordinances and their frustration
with staff's lack of oversight for enforcement.
Prepared by: Tom Henning, Chairman
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Page 1 of 1
Agenda Item f\Jo, 9K
October 28, 2008
Pcqe 2 elf 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONEI;:S
Item Number:
9K
Item Summary:
This Item to be heard at 1100 am Request for Board to discuss ongoing issues with Vita
Tuscana
Meeting Date:
10/28/200890000 AM
Prepared By
Pallia Springs
Board of County
Commissioners
Executive Aide to the Bee
Date
Bee Office
10/22/2008 2:58:10 PM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bee Offi::e
10/22/2008 2:59 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Managerls Office
10:22/20083:15 PM
..--
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Ion? nn()R
Agenda Item No. 9K
October 28, 2008
Page 3 of 18
Vita Tuscana.... Chronology of Events............
June 6, '07 ---------EW A Issued......
Oct. 6, '07 ----------- EW A Expired...........
October--------CaIls to County Staff
Nov. '07-----------Stop Work Order Issued.
December '07--------- Fill & grade continues......
Dec. 16, '07 ----------- Commissioner Henning--
...... "HELP" ......
Jan. 31, '08-------- Community Meeting.
(County Staff ill prepared).......
Feb. 20, '08 --------2nd meeting. Commitment to
level & hydro seed by end of Mar. '08........
Sept. '08 ---------- Where is the responsibility and
accountability?
Aoenda i1em No, 9K
'"October 23. 2QrJB-
Page 4 of 18
COLLIER COUNTY
EARLY WORK A"THORIZATION
PERMIT
This s>>ermit for AR 96081must be posted on site.
Project name Vita Tuscana
AR # 7924 Sxcavation # 59.954 'R.O.W. Permit # nJa (canal)
Contact Information:
Name Chris Hagan. P.E.
Company Addtess .Johnson Engine.ring
Telephone nutnber (239) 434-0333 .
Representing. Empire Developers' Group
Activities all~ed by this permit: Clearin9. filling. excavation. and
installim:, backbone drainage lake tlterconnect sYstem
. ,
Clearing as sllown on drawing tit1eJI Clearing and Erosion Control Plan,
Sheet 3 of 21~ Prepared by JohnsoJi Eng. Dated 14 Mav 2007
Excavation as shown on drawing titled Paving, Grading. an~ Dr~~nage
Plan. sheets 7 & 8 of 21. Preparediby Johnson Eng. J Dated 14 May 07
E- The undersigned have reviewed the ;Ians submitted with the application for
this Early Wor1t Authorization and finct that the requirements listed in Section
10.01.02{B) of/the Collier County Lan. Development Code have been met and
thus the named construction activitieis for this project may commence.
For the Environmental Review Department
Dated ?9hYiR ();/
Dated 0::; SUN 07
/
V .
See reverse side for Standa~ General & Special Conditions.
Agenda Item No. 9K
October 28, 2008
Page 5 of 18
10.01.02 Development Orders Required
A. Development OrderRequired. No on-site or off-site development or development related
activities, including site preparation or infrastructure construction, will be allowed prior to
approval of the otherwise required development order or development permit including, but not
limited to: SDP , SIP, Construction Drawings, or SCP, except where early work
authorization has been approved.
B. Early Work Authorization (EW A).
1. An EW A permit may be approved by the County Manager, or designee, for 1 or more of the
following activities:
a. Vegetation removal (site clearing);
b. Excavations;
c. Site filling;
d. Construction of stormwater management facilities limited to ponds, retention/detention areas,
interconnection culverts, and swale systems; and,
e. Off-site infrastructure.
f. Construction of a perimeter landscape buffer, berm, wall, or fence.
2. The County may issue an EW A permit for the allowed activities, subject to demonstrated
compliance with the following criteria, as applicable:
a. The proposed vegetation removal complies with Section 3.05.05.0.;
b. County right-of-way permit has been approved;
c. A determination of native vegetation to be retained for landscaping which would comply
with Section 4.06.00;
d. An excavation permit has been approved;
e. A Soil and Erosion Control Plan demonstrating compliance with the provisions of Section
10.02.02. C.;
f. Copies of all approved Agency permits being submitted, including, but not limited to:
SFWMD, ACOE, USPWS, and FPWCC;
g. Determination oflegal sufficiency of the EWA permit by the County Attorney's Office;
h. Posting of a Revegetation Bond of not less than $2,000.00 nor more than $5,000.00 per acre
dependent on the character of vegetation being removed;
i. Assurance that all underlying zoning approvals are in place (e.g. PUD, C.D., etc.);
j. This approval is good for 60 days with the possibility of2 ea. 30-day extensions dependent on
the reason for the inability to gain proper approvals. After that time, cleared areas must be graded
off and hydro-seeded;
k The developer must clearly state his understanding that all such preliminary construction
activities are at his own risk;
1. Provide assurance that the schedule of development activities created in accordance with the
VRSFP, will commence at the time the EWA is issued, and will be a part of that 18 month time
frame as set forth in Section 4.06.04 A l.a.vii.d.
(Ord. No. 05-27, S 3.RR)
i\,oenda Item No, 9K
~ October 28, 2008
Page 6 of 18
4.06.04 Trees and Vegetation Protection
A. Vegetation Removal and Site Filling:
1. Clearing of woody vegetation requires a Vegetation Removal Permit or Vegetation Removal
and Site Filling Permit unless exempted by section 3.05.02. The Vegetation Removal Permit
process is governed by section 3.05.05.
a. Permitted removal of vegetation or site filling with an approved Vegetation Removal
and Site Filling Permit (VRSFP), Site Development Plans (SOP) or Plat and Construction
Plans (PPL).
i. For individual single family lots orblocks of lots 1) a completed building permit application
must be submitted and deemed sufficient by Collier County, 2) all necessary current state and
Federal environmental permits must be obtained. If these two items are fulfilled, a VRSFP must
be obtained prior to removal of this vegetation,
ii. To allow for safety during tree removal, if a developer owns contiguous single familylots,
the trees on the single family lots directly adjacent to a lot where a house is under construction
may be removed, if removal at a future date may be a danger to life or property. A VRSFP must
be obtained prior to removal of this vegetation.
iii. A developer will be permitted to clear up to 100 acres of residential, commercial, or
industrial lots or building sites to store excess fill generated by lake excavations within the PUO
or project where the excavation is taking place when the following information has been
submitted and approved with the SOP or PPL. Fill dirt may be imported on to the site jf there is
no excess lake material generated on site. Imported fill dirt may be used towards the lot
preparation of not more than 50 acres, per section 4,06,04,A.1.a.iii.c,
a) Plat and Construction Plans: Clearing for the construction of the infrastructure, such as road'
rights-of-way, and drainage and utility easement areas shall be approved on site clearing plans
within that phase of approved residential, commercial or industrial Plat and construction Plans,
Clearing of individual lots orblocks of lots may be approved.
i) The limits of each separate stockpile must be clearly delineated and the area, height, cross-
section, and volume of each individual stockpile must appear on the drawing referenced to the
stockpile. Slopes must not be steeper than a ratio of 4: 1.
ii) The type of vegetation to be removed must be shown on the drawing.
iii) The source of the material, such as lake number (lake #) for each stockpile must be
indicated on the drawing and the amount of material excavated must justify the need to clear the
proposed area.
b) Site Development Plans (SOPs) and Site Improvement Plans (SIPs):
i) Commercial and industrial: Clearing for all infrastructure improvements and for building pads
shall be approved on the SOP or SIP site clearing plans.
ii) Residential SOPs: Clearing for the construction of the infrastructure, such as road rights-of-
way, and drainage and utility easement areas shall be approved on SDP clearing plans Clearing
of individual lots or blocks of lots may be approved.
iii) Preliminary Clearing and Excavation Permits (PCEP): Once the environmental review is
complete and approved, the applicant may submit for a PCEP to allow for early clearing,
excavation, and earthwork as per the work limits that are shown on the applicant's site plan. All
requirements of section 3.05.05,C, 1. must be met.
iv) The limits of each separate stockpile must be clearly delineated and the area, height, cross-
section, and volume of each individual stockpile must appear on the drawing referenced to the
stockpile. Slopes must not be steeper than a ratio of 4: 1,
v) The type of vegetation to be removed must be shown on the drawing.
vi) The source of the material, such as lake number (lake #) for each stockpile must be
indicated on the drawing and the amount of material excavated must justify the need to clear the
proposed area.
Agenda Item No, 9K
October 28, 2008
Page 7 of 18
c) A portion of the 100 acres may be used to bringbuilding lots to desired construction
elevations. The area used to prepare lots shall not exceed 50 acres and those lots shall
immediately be stabilized and seeded, to prevent erosion and exotic seed infestation. A
separate VRSFP may also be obtained after SDP or PPL approval prior.
iv. No VRSFP will be issued without first submitting copies of all required approved agency
permits, regardless of whether the permit is for clearing and filling or simply filling a site,
v. When a VRSFP authorizing up to 1 DO-acres of clearing and filling is nearing capacity,
permission to clear and fill up to an additional 1 DO-acres to use excess lake material may be
applied for with a new VRSFP application.
vi. A VRSFP will be issued to authorize greater than 100 acres of residential, commercial, or
industrial lots to store excess fill generated by lake excavations within the PUD or project where
the excavation is taking place, when the property used for storing excess fill has been
previously cleared or has greater than 75% canopy of exotics.
vii. Revegetation: For VRSFPs within subdivisions, a revegetation bond in the fonn of a
perfonnance bond, letter of credit, or cash bond and in the amount of $5,000.00 per acre
must be posted.
a) When fill is used to bring building lots to desired construction elevations those lots shall
immediately be seeded, to prevent erosion and exotic seed infestation.
b) All fill areas for lots or stockpiles must have erosion control silt fencing,
c) Any stockpile in place for more than six months must be sodded or hydroseeded. Failure to
do so within 14 calendar days of notification by the county will result in a fine of $10.00 per acre,
per day.
d) In the event that any portion of the stockpile is in place for greater than 18 months, the
county will order the fill to be removed and the land to be revegetated. The density and type of
revegetation must mimic nearby ecosystems, and must not be less than 64 trees per acre with
associated mid-story and groundcover.
2. BCC Approved Vegetation Removal and Site Filling Permit Procedures. An applicant
can seek approval by the Board of County Commissioners for a Board approved Vegetation
Removal and Site Filling Permit (VRSFP) for a site that exceeds current thresholds contained in
the Land Development Code. To be granted a Board Approved VRSFP, the applicant must
demonstrate to the Board, through a Schedule of Development Activities, that the project will be
completed in a reasonable amount of time so as to minimize noise, dust, blasting, traffic, and
inconvenience to the neighboring and general public. All criteria in 4.06.04 A.1.a that applies to
the administrative VRSFP, shall also apply to the BCe approved permit.
B. Credit for Tree Preservation. Existing trees may be credited towards meeting the minimum
tree planting requirements according to the formula in table 4.06.04 B.1. Fractional
measurements shall be attributed to the next lowest category.
Table 4.06.04 B.1, Calcula
i\oenda item No. 9K
- October 28. 2008
Page 8 of 18
CODE VIOLA TI01VS NOT APPLIED??
1. HAULING FILL WITH OUT PERMIT
$$$$
2. LAKE VIOLATIONS....
(HEAL TH / SAFETY)
$$$$
3. CODE VIOLATIONS
$ 72,210.00
LIABILITY???????
$$$$$$$
Agenda Item No. 9K
October 28, 2008
Page 9 of 18
BONDS:
1. E.W.A. (Bond/Fees)
$ 60,000.00
2. FEES / BONDS (vegetation)
$150,000.00
TOTAL
$210,000.00
COUNTY STAFF FORGOT TO COLLECT....
A.genda Item No. 9K
October 28, 2008
Pagel0of18
MONIES OWED TO COUNTY:
$481,260.52
BOND MONIES OWED:
$4,217,008.14
MONIES OWED TO OTHERS:
$2,119,000.00
FINANCI.t4L PROTECTION FOR COUNTY AND
RESID,ENTS OF OLDE CYPRESS:
Il
Agenda Item No. 9K
October 28, 2008
Page 11 of 18
From: SchmittJoseph
Sent: Tuesday, November 20, 2007 7:43 PM
To: mudd,j
Subject: More on '2NAs
Vita Tuscana... PPL-AR-7924 shows "COMPLETE" on everything except Impact Fees. The
EWA was applied for on 19 Apr 06 but not issued until 6 Jun 07. Staff contacted the developer
last week and was told that the money to pay the impact fees was arriving on Monday, the 26th
of November and the final 0,0. would be obtained soon afterward. At that point, the EWA goes
void and the PPL takes over.
From: SchmittJoseph
Sent: Thursday, December 20, 20075:35 PM
To: chrzanowski_s; lorenz_w
Subject: RE: Vita Tuscana
Stan - 60 days with 2 ea 30 extensO is 4 months so the permits should have expired in
October, correct?
Their extensions will exp,o eon 8 Janua The original EWA was dated 6 Jun 07... it's on the list I
compiled and sent out . _________.____,_
,/,/---.--...-----.---------------..'- ---'------
(// I got another call from them this afternoon to assure me that they would be pulling the permits
before that.
"'--"..,,--_.-".~." .
I will forward the scanned copy tomorrow, .
The County Staffapprove ihe.PP"LonJl.me 14, 2007 with an expiration of 90 days if the sum
of $350,000 is not paid. No extension found
EWA permit was issued on June 6 2007 with a 60 day to complete work, Two 30 day
extension could have applied for and granted, dependent on the reason for the inability to
gain proper approvals. After that time, cleared areas must be graded off and hydro-seeded
Staff gave an extension to January8:~ldQJ~<?!_~o.~,\Vhy or reasons for this extension
m: mudd.J
Sent: Friday, December 21, 2007 9: 12 AM
'-
-
-....-......,-...
We put the developer on notice today. He either picks up his SDP which is approved or restores "\
the area. )
/
~/
VR, Jim Mudd
------------
--
l\aenda Item r'~o< 9K
~ October 28. 2008
Page 12 of 18
----.-------..--.-....------.y-"-.,..,---....--.,....
,.,.._,..~..'-... ...-.--~..........,.......__.._'~._-_._...-.-.,_..._"....._"...."._.__..~-
From: mayberrygene@aim,com [mailto: mayberrygene@aim.comJ
Sent: Sunday, January 06, 2008 2:39 PM
To: TomHenning@colliergov.net
Cc: jamesmudd@colliergov.net; jodiebert@comcast.net
Subject: Vita Tuscana
Tom, Thank you and Jim for agreeing to meet with us on the subject at 3:30 P.M. ,
Thursday, Jan. 31. (Olde Cypress club house) It occurred to me that it might be
beneficial to include Rick Melson, CEO, Empire Builders at this meeting. Please advise.
Once again, thank you for the support. Gene Mayberry 597-3177
_u ____.________
~: chrzanowski s ~
Sent: Friday, February 29, 2008 12:15 PM ~
Vita Tuscana, which has agreed to hydroseed after the buffer is in place
From: J~~' ier oV.net
To: heeB31937@~OL om
e1li: 4/19/20086:0 .13 P.M. Eastern Daylight Time
ubj: RE: BUFF.. PROBLEM VITA TUSCANA
( Lee
\, Thank you for the note and the feedback on staff. We officially advised the developer that they .~
~ must now hydro seed the area. I was informed this past week that the developer is expected to ~
~~_a_~e all payments and pick up their permit this coming week, If that happens then the site will be
~med to be officially under construction,
.~--
------.-
~~
'".....
.--..------
Agenda Item ~~o. 9K
October 28, 2008
Page 13 of 18
Joe
Joseph K. Schmitt
From: Diane Ebert [mailto:jodiebert@comcast.net]
Sent: Sunday, April 27, 2008 1:49 PM
To: Tom Henning Commissioner (TomHenning@colliergov.net)
Subject: FW: BUFFER PROBLEM VITA TUSCANA
Dear Commissioner Henning,
How much longer is this going to go on?
I could write a three page letter of promises from the County starting last November. Including
meetings on January 31 st and February 20th., at Olde Cypress, but I won't waste your time.
Please refer CDES employees to the regulations of Development Orders Required # 10.01,02
especially paragraphs G, H, J, and K.
Where is the ACCOUNTABILITY in this County?
Oops - sorry, the sand in the hourglass has just ran out! Time to Hydro-seed Now. PLEASE!!!
Cordially,
Diane Ebert
Sent: Sunday, April 27, 2008 3:20 PM
To: mudd_j
Subject: FW: BUFFER PROBLEM VITA TUSCANA
I have seen several dates in the past. I guess I don't know the new
date. or the line in the sand?
From: SchmittJoseph
Sent: Monday, April 28, 2008 1:00 PM
To: mudd_j
Subject: RE: BUFFER PROBLEM VITA TUSCANA
Jim
i
~/~
Aoenda item r~o, 9K
- October 28. 2008
Page 14 of 18
The buffer is essentially complete. We put the developer~n notice
last week that considering that they have t-e-pick up ~ permit,
to initiate hydro-seeding operation. I received word today '~om Mr.
Slavich, the developer, that they ha one out for u Bill
Slavich noted that they will have something by the end of the week as
to whether they have secured the needed financing to start the project.
r'.egardless, my instructions to Bll.l were tnat: we neeJed a scheclu:"" when'
hydro-seeding will start and how long it will take
2008 9: 02 P_1I1
VITA TUSCANA
Jim
--~
\
We have officially notified the develo er must
hydroseeding of Vita Tusca er our earlier agreement. oper
did corn let ~rm and landscaping but they have not yet picked up
nor ave they posted their portion of the Transportation Impact Fee
which would allow them to proceed with development.
From: mayberrygene@aol.com <mayberrygene@aol.com>
To: henning_t
Sent: Wed Jul 0915:58:412008
Subject: Vita Tuscana, Hydro seeding
Dear Commissioner Henning, Thanks to your intervention the buffer for Vita Tuscana was completed in
March, At our meeting of20 February. the folks on Horseshoe Drive committed to having the hydro
seeding completed by April. The seeding has not been done and quite frankly, it looks pretty ugly back
there. Our Olde Cypress HOA representative (Lee Berry) has repeatedly attempted to secure a status, but he
is unable to get a straight answer from Mr, Schmidt, et. al. This Vita Tuscana snafu remains difficult to
rationalize, but irrespective, may vie ask you once again to ask "what is going on"? The OIde Cypress
community remains very appreciative of your efforts. Sincerely, Gene Mayberry
Sent: Wednesday, July 09, 2008 4:37 PM
To: muddj
Cc: chrzanowski_s; puigj; GrimshawHeather
Subject: RE: Vita Tuscana, Hydro seeding
Jim
After several attempts to negotiate and develop a plan for compliance, we were unable to secure a
commitment for the work to be done. A Notice of Violation was served and a compliance date of6/21/08
was given. We are proceeding with prosecution before the CEB. Tiley did hydro seed some test areas but
never completed the project See the attached email as I did so advise Lee of the same on 6/16/08.
Joe
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division office -- (239) 403-2385/2390 cell-- 595-
9751 "Balancing the demands of growth and the demands of the community"
Agenda Item No. 9K
October 28, 2008
Page 15 of 18
-----Original Message-----
From: muddj
Sent: Wednesday, July 09, 2008 4: 15 PM
To: SchmittJoseph
Cc: chrzanowski_s; puigj; GrimshawHeather
Subject: FW: Vita Tuscana, Hydro seeding
Joe,
Please provide an updated status please. Last time we talked about this it was a code enforcement case.
Thanks, Jim
----Original Message-----
From: henning_t
Sent: Wednesday, July 09, 2008 4:1 I PM
To: muddj
Subject: Fw: Vita Tuscana, Hydro seeding
What is the answer
Commissioner Henning
I have several concerns about Vita Tuscana development and a lack of oversight by
your Staff in enforcing the Land Development Code. The Developer applied for a
EW A over a year ago and was approved by your Staff. The EW A and VRSFP
bonding-was not collected by YOUF Staff. 'This property is cleared and no other work
is being preformed. There is a code case (see attached) and there lies more concerns.
Code has not applied the proper citations in your code and therefore will jeopardize
the case. I feel the County should collect the Bonds and apply daily fine prescribed
under your Land Development Code. In closing the Residents in Olde Cypress are
frustrated beyond belief on how your Staff has and continue to apply the
Commissioners laws. Regards Diane Ebert
5/22/08: Site visit bv InvestiQator Baldwin
Notes indicate Investigator Baldwin met with Stan Chrzanowski, County Engineer, and based on
that meeting, a violation was found to exist for failure to hydro-seed elevated lots. Investigator
Baldwin determined that the lakes "are not a code violation or at a wrong angle". Baldwin spoke
with the owner's representative and obtained assurances that the owner would hydro-seed.
5/23/08: First NOV
Owner was given until June 21 to hydro-seed. First NOV appears defective, as it cites and states
a section of the building code (Section 105.1) relating to structures and buildings (not applicable
to the elevated lots at issue), and is served on the property manager, rather than the registered
agent.
6/26/08: Reinspection
Investigator Baldwin's notes indicate that upon reinspection, the violation remained. Based on
this, Baldwin states "I will prepare for CEB jf not fully hydro-seeded by Monday the 30th of June",
6/30/08: Second reinspection. case preparation. and reiection of First NOV
Agenda item No. 9K
October 28. 2008
Page 16 of 18
At the second reinspection, according to Baldwin's notes, the violation still existed, The case was
prepared for the CEB, and presented to supervisor Kitchell Snow for review, Snow rejected the
case due to the defective NOV, and requested a new NOV.
7/3/08: Second NOV
The second NOV was prepared and served, correcting the defects of the First NOV and giving
owner until July 8, 2008 to correct. Specifically, the second NOV cites a more appropriate
provision of the building code (Section 104.5,5, concerning dust control), along with LDC Section
4,06, 04.A1.a. vii[a-d](c:;gncerning seeding of elevated lots and stockpiles), which is appropriate
for this tYPE:! of viofation.
719/08: Conversation with owner
(/Baldwin'S notes indicate that the project manager assured him that the hYdro-see.d.in.g would be
complete "early" in the week of July 14-18,..
~ ~
"'- /
tltO/08:""'.Third reinspection. case preparation, acceptance of .SeeondNOV
Notes reflect thaTIFleviC:>1atiurJremainedas of thisdate~and--fhe case was reviewed and approved
for CEB hearing by supervisor Snow.
Agenda Item No, 9K
October 28,2008
Page 17 of 18
'^';-'\
----Original Mess
From: Sch . Joseph
Sent: F' ay, July 25, 2008 12:28 PM
To: Ie umeauj; f1agg_d
Cc: 10 nz_w; scribnerdav' '. rzanowski_s; CasalanguidaNick
Subject: ' scana Landscaping Berm
All
New development as of today - CDES and Transportation are working an
agreement to assist this developer in finalizing all requirements to
allow for issuing of the approved permits for the development with
essentially will allow the development to proceed. We are looking to
bring the agreement to the Board for the 9/9 BCC meeting. We should
have this done within the next 7 to 10 days. If we reach agreement, the
code case will be continued and if the Board approves the agreement, the
permits will be issued, Once issued the hydro-seeding is moot and for
all intents and purposes the violation is abated.
~o)
~-~?
'/'l7v
Joe
Joseph K Schmitt
Diane Ebert
!\oenda item ~~o, 9K
- October 28. 2008
Page18of18
From:
Sent:
To:
Cc:
Subject:
henning_t [TomHenning@colliergov.net]
Saturday, October 18, 2008 6:57 PM
mayberrygene@aol.com
Diane Ebert
RE: Vita Tuscana
Commissioner,
We will level those mounds and hydro seed the area. As Joe stated yesterday in the
update, "The fines starting accruing as of October 10, 2008, and will continue to accrue
until compliance is achieved. Our next step is to process the paperwork for an Imposition
of Fines Notice to Empi~e Developers Group, LLC. The CEB Coordinator will be setting the
Imposition of Fines hearing for Thursday, November 20, 2008." Once we have that hearing
and the hearing officer agrees and signs the order then I sign the abatement request. The
County does the work and a lien is put on the property for ~he fines and the cost of the
work.
As far as going public, this is already public, it was heard by the code enforcement board
and Stan Chrzanowski has already admitted publically that he didn't properly have the
developer put a bond down for the early work permit.
Why a berm and landscaping got accomp~ished without proper permits is another story but I
believe it was to satisfy the residents of Olde Cypress by this developer as he was trying
to assemble the impact fees needed to start this project.
VR, Jim Mudd
From: mayberrygene@ael.com [mailto:mayberrygene@aol.com]
Sent: Sat 10/18/2008 2:40 PM
To: hennina t
Cc: jodieb~rt@comcast.net
Subject: Vita Tuscana
Dear Con~issioner Henning, Diane Ebert and myself me~ with yeu and Jim Mudd (County
Manager), on October 3, In your office to discuss grading and hydro seeding at the subject
project. At this meeting, ~r.Mudd repeatedly stated that if the developer did not
complete grading and hydro seeding by October 9, the county would complete this activity
within thirty (30) days. Now I understand Mr Mudd's position is the County will levy a
fine against the developer in lieu of Mr. Mudd's prior corrmitment. This is absurd! In
fifteen (15) months ~he County has failed to co~lect any of the required bond monies and
fines, and now putting forth such a notion is an insult to the Olde Cypress cornmuni~y.
Commissioner, it is requested that Diane & I mee~ with you and Jim any time the week of
October 20, to secure a resolution on this issue. As you know, I believe there is either
considerable incompetence at county staff and/or tnere is less than an arms length
relationship between county staff and this developer. Commissioner Henning this is not an
attack on you, it is a charge against county management/staff and enough is enough. If we
can not get compliance from Mr. [vIudd and his organiza~ion yle Day resor~ to "airing" this
fiasco in the media as well as the Attorney General's office. Sincerely, Gene Mayberry
McCain or Obama? Stay updated on coverage of the Presidential race while you browse _
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