CESM Minutes 02/06/2007
February 6, 2007
MINUTES OF THE JOINT MEETING OF THE
COLLIER COUNTY CODE ENFORCEMENT BOARD AND
COLLIER COUNTY SPECIAL MASTER WORKSHOP
Naples, Florida, February 6, 2007
LET IT BE REMEMBERED, that the Collier County Code Enforcement
Board and Special Master Workshop in and for the County of Collier,
having conducted business herein, met on this date at 12:00 P.M. at the
Community Development and Environmental Services Building, Room
609/610, 2800 North Horseshoe Drive, Naples, Florida, with the following
members present:
CEB CHAIRMAN:
Sheri Barnett
Richard Kraenbring
Larry Dean
Gerald Lefebvre
George Ponte
Kenneth Kelly
Jerry Morgan
SPECIAL MASTER:
Brenda Garretson
ALSO PRESENT:
Michelle Arnold - Director-Code Enforcement
Jeff Wright - Assistant County Attorney
Jean Rawson - Code Enforcement Board Attorney
David Scribner - Mgr/Investigations Code Enforcement
Sue Chapin - Secretary to the Special Master
Dennis Mitchell- Code Enforcement Supervisor
Patti Petrulli -Supervisor Code Enforcement
Bendisa Marku -OPS Coordinator-Code Enforcement
Gary Dantini - Supervisor Code Enforcement
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JOINT COLLIER COUNTY CODE ENFORCEMENT BOARD AND
COLLIER COUNTY SPECIAL MASTER WORKSHOP
AGENDA
Date: February 6,2007, at 12:00 p.m.
Location: Community Development and Environmental Services Building, Room 609/610,
2800 North Horseshoe drive, Naples, Fl. 34104
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 IS 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. WORKSHOP DISCUSSION ITEMS:
a. Rules and Regulations
b. Fining Structure for Violations
c. CEB Agenda Announcement Language
d. Standardized Recommendation Language
e. Consolidated CEB / Special Master Ordinance
4. ADJOURN
February 6, 2007
I. The meeting was called to order by Michelle Arnold, Director of Code
Enforcement at 12:20 PM with introductions of attendees.
II. Approval of Agenda
There were no changes to the Agenda.
III. Workshop Discussion Items
a. Rules and Regulations (Attached)
Rules and Regulations for the two entities were referred to as a working
document. Each Article was taken separately with notation of changes
accordingly.
(Sheri Barnett arrived 12:32 PM)
The following is a synopsis of changes and/or statements:
· Both meetings/hearings (Code Enforcement Board and Special Master
Hearings) are open to the public along with all records
. Agenda procedure was covered
· Question was asked about the proper language of Chairman/Chairperson
etc. Roberts Rules does not refer to gender. The proper term is Chairman.
(means "all mankind")
· Article IX (Code Enforcement) (b) inserted Florida Statute Section.. . and
deleted "Respondent as provided herein a"
· The difference between Public and Witnesses was discussed
· Article IX (Code Enforcement) and (Article VII) (a) was deleted
· Same Articles: (e) If the Respondent/alleged violator "is not present and"
- was inserted
· (Notarized letter for someone appearing for/or representing Respondent)
Possibly a simple form could be provided for Respondents was discussed.
The Code Enforcement will be the same language as the Special Master
for (e) Article VII & IX.
· Same Articles: (i & j) Code Enforcement will be changed to same
language as Special Master's version. (j) SM - change "must" to
"should. "
· Same Articles: (0) the amounts are being changed
· Same Articles: (p) Code Enforcement will be changed to same language
as Special Master's version.
BREAK-1:12 PM
RECONVENED - 1 :40 PM
The remaining Articles and Sections of both entities will be put in their proper
order after the changes have been made:
· Article concerning "Fines" will be consolidated from the Special
Master Rules
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February 6, 2007
· Article X - Section 1 will be changed to read: A Motion for
Reduction/Abatement of Fines shall be in the form of a written Request
· Article X - Code Enforcement - Section 4 - deleted "the amount of
operational costs and/or" it will read: The Board shall determine the
fines as applicable to the imposed etc.. .etc... (It will be deleted from
both)
A lengthy discussion took place on permitting, deadlines and new language for
Article VIII - Section 3. Code Enforcement also mentioned they do have a
schedule of fines.
Code Enforcement discussed the Recording of Orders and making sure the
Chairman or Vice Chairman is available.
"Orders" were discussed in streamlining them for similarities knowing they will
be somewhat different.
The Special Master will develop language for Section 3 under Article IX for the
Hearing process.
· Special Master Rules - Article XI, Section 4 will read: Intervention by
non-parties may be permitted if the non-party has been found by the
Special Master to be an affected party.
b. Fining Structure for Violations
· There are guidelines which can be adjusted. As discussed previously,
Code Enforcement has a schedule of recommendations given to the
Investigators. The CEB and/or Special Master should question the
Investigators if they need further information to justify the amounts
and/or feel the need to change. Health/Safety issues were discussed.
(Valid reasons should be stated)
c. CEB Agenda Announcement Language
. Discussed previously
d. Standardized Recommendation Language
· Discussed previously
e. Consolidated CEB/Special Master Ordinance
Assistant County Attorney Jeff Wright stated the Board of County
Commissioners asked the Attorney's office to consolidate the Special
Master/Code Enforcement Board Ordinances. The three that have been
consolidated are the Special Magistrate, the Code Enforcement Nuisance
Abatement Ordinance and the Code Enforcement Citation Ordinance.
(Consolidated Ordinance - Attached)
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February 6,2007
He mentioned the Attorneys office has interpreted the fact that the Special
Master and the CEB have the power to adopt their own Rules.
Rules in the past have usually been put on the Board of County
Commissioners Consent Agenda.
Assistant Attorney Wright stated the Statutes provide the right to adopt
their own rules and are not subject by approval. The Statute speaks
clearly of the Rules.
Article II addresses procedures unique to the CEB and Nuisance
Abatement Board. Article III pertains to the provisions of the Special
Magistrate.
Procedural Rules - the Attorneys office did not think they needed to repeat
anything in the Ordinance in these rules. They are supplemental to the Ordinance.
They do not want inconsistencies, but want them to be more general and
particular and not redundant.
The rules have been streamlined, but have flexibility.
Consensus of opinion of the CEB and Special Master:
· Jean Rawson stated they are to be an arm of the Board, an impartial arm of
the Board and if the Board gives them their Rules, they are no longer
impartial.
· Attorney Wright reviewed the Collier County Consolidated Code
Enforcement Rules of Procedure Table of Contents - (attached)
· Jean Rawson stated the Rules are consistent but should be separate - she
had no problem with the Ordinance being consolidated.
· Special Magistrate does things differently than the CEB
· Sheri Barnett agreed the Rules have to be separate as they have different
jurisdiction and powers
· Brenda Garretson stated the Rules are what the public looks at on how to
follow the procedures before the Special Magistrate - putting the
procedures into one with the differences between the two entities would be
very confusing for the public in distinguishing between the two. The
Ordinance is a law creating Code Enforcement under one umbrella and
had no problem with it. The Rules need to be separate and apart - not
merged. Different issues are brought up between the two.
· It was suggested and a consensus of the CEB and Special Magistrate that
Section 1-105 be removed. It is not appropriate and is inconsistent with
the Statute.
Assistant Attorney Wright asked all members to submit any other comments to
him by February 141\ 2007.
Discussion followed on miscellaneous items such as building permits, written
orders, imposition of fines etc.
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February 6, 2007
*****
There being no further business for the good of the County, the meeting
concluded at 3 :30 PM.
Collier County CEB/Special Master Workshop
Sherri Barnett, CEB Chairman
These Minutes approved by the Board/Committee on
as presented
or as amended
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