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Agenda 09/13/2022 Item #16K 1 (Resolution - Vacancy on CEB)09/13/2022 EXECUTIVE SUMMARY Recommendation to declare a vacancy on the Code Enforcement Board. OBJECTIVE: To declare a seat to be vacant on the Code Enforcement Board. CONSIDERATIONS: This quasi-judicial board is established pursuant to Chapter 162 of the Florida Statutes by Ordinance No. 07-44, as amended, and is composed of seven regular members and two alternates representing the occupations of architect, businessperson, engineer, general contractor, subcontractor and realtor, and who are considered on the basis of their experience or interest in the areas of the codes and ordinances to be enforced. A member of this board, Ms. Chloe Bowman, has had four unexcused absences from meetings this year. Attempts to contact her regarding these absences have been unsuccessful. Collier County Ordinance No. 2001-55, as amended, provides that if any board member is absent from two consecutive meetings without a satisfactory excuse acceptable to the board chairperson, the board chairperson shall state such fact at the next board meeting and if the Commission concurs with the chairperson’s notification, the Commission shall declare the board member’s position to be vacant. COMMITTEE RECOMMENDATION: In accordance with Collier County Ordinance No. 2001-55, Section 8, the Code Enforcement Board Chair has recommended to the Board of County Commissioners that Ms. Bowman’s absenteeism be deemed a tender of resignation and that her seat be declared vacant. Minutes from the June 23, 2022 Code Enforcement Board meeting, an email from staff liaison Colleen Davidson, and the current year attendance sheet are included in the backup. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. - JAK RECOMMENDATION: That the Board of County Commissioners considers the Committee Recommendation, declares Chloe Bowman’s seat to be vacant, and directs the County Attorney to prepare a resolution confirming the declaration of vacancy and to publicize the vacancy. PREPARED BY: Jeffrey A. Klatzkow, County Attorney AGENDA DATE: September 13, 2022 ATTACHMENT(S) 1. CEB Backup 9.13.22 (PDF) 2. Sec._2_833.___Attendance_requirement. (PDF) 3. CEB Membership List 9.13.22 (PDF) 16.K.1 Packet Pg. 3018 09/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1 Doc ID: 22944 Item Summary: Recommendation to declare a vacancy on the Code Enforcement Board. Meeting Date: 09/13/2022 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 08/02/2022 2:04 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 08/02/2022 2:04 PM Approved By: Review: Code Enforcement Colleen Davidson Additional Reviewer Completed 08/03/2022 8:56 AM County Manager's Office Geoffrey Willig Additional Reviewer Completed 08/03/2022 11:13 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/03/2022 11:40 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/04/2022 8:35 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 08/22/2022 3:12 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/06/2022 6:01 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM 16.K.1 Packet Pg. 3019 16.K.1.a Packet Pg. 3020 Attachment: CEB Backup 9.13.22 (22944 : Recommendation to declare a vacancy on the Code Enforcement Board.) 16.K.1.aPacket Pg. 3021Attachment: CEB Backup 9.13.22 (22944 : Recommendation to declare a vacancy on the Code June 23, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, June 23, 2022 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 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman John Fuentes Danny Blanco Lee Rubenstein Tarik N. Ayasun, Alternate Zully Ruiz, Alternate Sue Curley (Excused) Chloe Bowman (Absent) Kathleen Elrod (Absent) ALSO PRESENT: Elena Gonzalez, Code Enforcement Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board 16.K.1.a Packet Pg. 3022 Attachment: CEB Backup 9.13.22 (22944 : Recommendation to declare a vacancy on the Code Enforcement Board.) June 23, 2022 Page 99 CHAIRMAN KAUFMAN: Really? MR. FUENTES: She was a superstar, yeah. Knows her stuff. MR. LETOURNEAU: We're definitely going to miss her. CHAIRMAN KAUFMAN: I might as well say it on the record. I have a problem with Board attendance, and I'm going to say it on the record. We have a rule in our -- Patrick, are you there? MR. WHITE: Yes, sir. CHAIRMAN KAUFMAN: Okay. We have a rule in our rules that says if you have two unexcused absences, you're off the Board. We have an individual who has now three unexcused absences, and I'd like to recommend that we appoint Tarik as a full member of the Board to take her place. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: Mr. Chairman, my recommendation is you allow me to at least consult with the County Attorney's Office and bring back a preferred course of action to your July meeting. I'm not sure that that rule automatically is self-actualizing, meaning that it operates by law without any further action, and I'm not aware of what the prior practice of this board may have been. You all serve at the pleasure, in a sense, of the Board of County Commissioners, and because of that, my desire, therefore, is to have a conversation with the County Attorney's Office before kind of advising you further. But I understand your point and believe that action should be taken by this board or the appropriate board as soon as possible. CHAIRMAN KAUFMAN: I agree that action should be taken, and if it's in our rules, I would think that we should just follow our rules without going anywhere. MR. WHITE: I understand. I understand. But you did not have it on your agenda, and because of that, I also would suggest it be 16.K.1.a Packet Pg. 3023 Attachment: CEB Backup 9.13.22 (22944 : Recommendation to declare a vacancy on the Code Enforcement Board.) June 23, 2022 Page 100 an item on your agenda next month. MR. FUENTES: I guess some of the concerns would also be the professionalism in conducting yourself as a professional here during the hearing. So I don't know if conduct or behavior is something that is taken into consideration. CHAIRMAN KAUFMAN: The problem that we have obviously -- MR. WHITE: Well, certainly it's at the Chair's discretion to assure decorum -- it's at the Chair's discretion to assure and determine, you know, decorum is followed. CHAIRMAN KAUFMAN: The first rule is you've got to be here, and if you're not here -- and I've reviewed the attendance schedule, and if I'm not mistaken, this was the third absence -- unexcused absence. We've had people -- we've had people that have missed many meetings, but they had excused absences. Certainly health is an important thing, but -- MR. WHITE: Understood. CHAIRMAN KAUFMAN: Okay. You do what you have to do. I made -- I made this part of our record. MR. WHITE: My point isn't -- my point isn't about so much whether the rule has been met and should be followed. It's more to do with how you take an alternate and have them become a full member, and I just would like a chance to have a conversation about those things to make sure that anything I advise you isn't going to be inconsistent with prior practice. CHAIRMAN KAUFMAN: Okay. We got your two cents, Patrick. Now we'll see where we go. MR. WHITE: That's what it's worth. CHAIRMAN KAUFMAN: Cristina, you're probably aware of what we've done in the past on this from the administrative side of the house? And? 16.K.1.a Packet Pg. 3024 Attachment: CEB Backup 9.13.22 (22944 : Recommendation to declare a vacancy on the Code Enforcement Board.) June 23, 2022 Page 101 MS. DAVIDSON: For the record, Colleen Davidson, operations manager for Code Enforcement. Recently, not too long ago, we had the same issue. I worked with the County Attorney's Office. What would be needed is we will send a letter, certified letter, to the individual, and we will also follow it up with a personal delivery, and then once that has commenced and the time frame is over, we will then post the vacancy, and then anyone could apply for it, and we go through that process. CHAIRMAN KAUFMAN: Okay. Great. Thank you, Colleen. Appreciate it. MS. DAVIDSON: So I'll work with the County Attorney's Office and Mr. White. CHAIRMAN KAUFMAN: Okay. Thank you, Mr. White. Are we going to see you next month? MR. WHITE: Absolutely, and every month thereafter. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: I have a question. Would you be posting a notice for a vacancy for an alternate, and his decision to put Tarik from an alternate to a full member today take place? MS. DAVIDSON: No. What would happen is we would first go through the steps legally that are required to vacate that position, then we would -- the position that's vacated, we would put it out for anyone to apply. It would not be a -- CHAIRMAN KAUFMAN: Automatic. MS. DAVIDSON: Correct. It would not be automatic, and it would not be for the alternate position. It would be for a full voting member position. CHAIRMAN KAUFMAN: That's how I became a board member. MR. BLANCO: Colleen -- correct me if I'm wrong, 16.K.1.a Packet Pg. 3025 Attachment: CEB Backup 9.13.22 (22944 : Recommendation to declare a vacancy on the Code Enforcement Board.) June 23, 2022 Page 102 Mr. Chairman. It is my understanding that that has to be on the advice and consent of the County Commissioners board; that we don't have jurisdiction to appoint board members. MS. DAVIDSON: Correct. That's why it would need to go out, and then he could apply -- anyone could apply for it. We would receive applications, we would make our decision, then there would be an executive summary submitted to the Board of County Commissioners at a later date, and then it would be approved on the consent agenda. CHAIRMAN KAUFMAN: Okay. Having said all of that, we are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:00 p.m. 16.K.1.a Packet Pg. 3026 Attachment: CEB Backup 9.13.22 (22944 : Recommendation to declare a vacancy on the Code Enforcement Board.) Created: 2022-07-12 16:02:53 [EST] (Supp. No. 104) Page 1 of 1 Collier County Code of Laws Sec. 2-833. Attendance requirement. It is the intent and strong desire of the commission that there be full attendance of advisory board members at all meetings of the boards, recognizing, however, that it may be necessary for board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at board meetings is encouraged and necessary for the proper operation of the boards and in furtherance thereof the following requirements are established: (1) Any board member who is absent for more than one-half of the board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such board. The commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of section 2-51 herein. The board members shall not serve at any meetings after his or her position is declared vacant by the commission. (2) In the event that any board member is absent from two consecutive meetings without a satisfactory excuse acceptable to the board chairperson, the board chairperson shall state such fact at the next regularly scheduled board meeting and shall thereafter notify, in writing, the executive manager to the commission of the board member's failure to attend without a satisfactory excuse. The commission shall review the board chairperson's notification at the commission meeting and shall declare the board member's position to be vacant if the commission concurs that the board member was absent from two consecutive board meetings without a satisfactory excuse, and shall promptly fill same pursuant to the provisions of section 2-51 herein. The board member shall not serve at any meetings after his or her position is declared vacant. (3) A member of a board shall be deemed absent from a meeting when he or she is not present during at least 75 percent of the meeting. (Ord. No. 01-55, § 8, 10-23-01) 16.K.1.b Packet Pg. 3027 Attachment: Sec._2_833.___Attendance_requirement. (22944 : Recommendation to declare a vacancy on the Code Enforcement Board.) Name Home Phone Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term Work Phone Collier County Code Enforcement Board 06/11/19 02/14/22 02/08/22 02/14/25 2.75 Years 12808 Brynwood Way REGULAR - Realtor 4 3 Years District: Category: Ms. Chloe Bowman Naples, FL 34105 ( ) 789-6469 E-Mail:yourkeytonaples.gmail.com 06/10/08 02/14/09 01/26/21 02/14/24 1+ Years 149 Tupelo Road REGULAR - Realtor 2 3 Years District: Category: Mr. Robert F. Kaufman Naples, FL 34108 596-8008 () 784-8008 E-Mail:kaufman02@comcast.net 09/14/21 02/14/23 1.5 Years 1800 Dade Ct. ALTERNATE - Business Owner 1District: Category: Mr. Tarik N. Ayasun Marco Island, FL 34145 ( ) 682-0445 E-Mail:tayasun@taray.com 12/09/14 02/14/17 01/28/20 02/14/23 2.25 yrs. 4150 Belair Lane #107 REGULAR - Business/title insurance 4 3 Years District: Category: Ms. Susan J. Curley Naples, FL 34103 (727) 744-6100 E-Mail:sue.curley@icloud.com 04/27/21 02/14/22 09/14/21 02/14/25 5 mos. 1281 Rialto Way #101 REGULAR - Realtor 1 3+ Yrs District: Category: Mr. Lee Rubenstein Naples, FL 34114 ( ) 564-9894 E-Mail:marcoump@aol.com Tuesday, August 2, 2022 Page 1 of 3 16.K.1.c Packet Pg. 3028 Attachment: CEB Membership List 9.13.22 (22944 : Recommendation to declare a vacancy on the Code Enforcement Board.) Name Home Phone Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term Work Phone Collier County Code Enforcement Board 03/24/20 02/14/21 01/26/21 02/14/24 1 Year 8671 Addison Place Circle, Apt. 205 REGULAR - Realtor 3 3 Years District: Category: Mr. Danny Blanco Naples, FL 34119 (202) 355-8626 E-Mail:dannyblanco0712@gmail.com 02/08/22 02/14/24 2 Years 2482 50th Ave. NE REGULAR - Business 5District: Category: Mr. John Fuentes Naples, FL 34120 (786) 449-8096 (833) 926-8272 E-Mail:john@serviceadjusting.com 02/23/16 02/14/19 02/08/22 02/14/25 3 Years 3413 Goldie Lane, #23 REGULAR - Realtor 4 3 Years District: Category: Ms. Kathleen K. Elrod Naples, FL 34112 ( ) 595-6941 E-Mail:kathy@frs4u.com 06/14/22 02/14/24 2 Years 346 Edgewater Ct. ALTERNATE - Realtor 1District: Category: Ms. Zully Ruiz Naples, FL 34145 ( ) 259-8332 ( ) 785-3335 E-Mail:zully@zullyruizcompanies.com Tuesday, August 2, 2022 Page 2 of 3 16.K.1.c Packet Pg. 3029 Attachment: CEB Membership List 9.13.22 (22944 : Recommendation to declare a vacancy on the Code Enforcement Board.) Name Home Phone Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term Work Phone Collier County Code Enforcement Board This 7 member board, plus two alternates, is established pursuant to Chapter 162 of the Florida Statutes by Ordinance No. 07-44, as amended, and is composed of individuals representing the occupations of architect, businessperson, engineer, general contractor, subcontractor and realtor, and who are considered on the basis of their experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Colleen Davidson, Manager of Operations, Code Enforcement: 252-2975Staff: 162FL STAT: Tuesday, August 2, 2022 Page 3 of 3 16.K.1.c Packet Pg. 3030 Attachment: CEB Membership List 9.13.22 (22944 : Recommendation to declare a vacancy on the Code Enforcement Board.)