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CEB Minutes 05/26/1994 R 1994 CODE ENFORCEMENT BOARD MINUTES May 26, 1994 CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: May 26, 1994 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ALLEN ANDREWS LAZARUS LAFORET L'ESPERANCE RAWSON X Exc. X X X X SMITH MANALICH CLARK CRUZ X X X X MINUTES BY: Sue Barbiretti and Ellie Hoffman, Deputy Clerks CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 12:00 P.M. PRESIDING: Lionel L'Esperance, Chairman APPROVAL OF MINUTES: May 24, 1994 ADDENDA TO THE AGENDA: None Page 1 " CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGE N D A Date: May 26, 1994 at 9:00 o'clock A.M. Location: Collier County Government Center, Bldg. "F" Third 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. 1. ROLL CALL 2. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES March 24, 1994 5. PUBLIC HEARINGS Board of County Commissioners vs. Anthony J. Varano CEB No. 94-005 Board of County Commissioners vs. Gunnar L. Olson, Marilyn Olson and J & J Palms, Inc., John Watkins and John Raulerson CEB No. 94-006 6. NEW BUSINESS Filing of Affidavit of Compliance - CEB 94-002 BCC vs. Chevron, U.S.A., Inc. and Avis Rent-A-Car Filing of Affidavit of Compliance - CEB 94-003 BCC vs. Warrenton Enterprises Corp. 7. OLD BUSINESS Request for Imposition of Fines - CEB No. 93-011 BCC vs. Meadowood Club Apts., Inc. Request for Imposition of Fines - CEB No. 93-006 BCC vs. Kevin Stoneburner and Gulf Materials Recovery and Artificial Reefs, Inc. Request for Imposition of Fines - CEB No. 93-010 BCC vs. Joseph F. Kelly and Debera Kelly Request for Imposition of Fines - CEB No. 93-005 BCC vs. Deauville Lake Club Dev. Corp. Request for Imposition of Fines - CEB 93-003 BCC vs. Elba Development Corp. Request to modify the Order of the Board - Case No. 94-001 BCC vs. First Bank of Immokalee 8. REPORTS 9. NEXT MEETING DATE June 23, 1994 10. ADJOURN CODE ENFORCEMENT BOARD OF COLLIER COUNTY (025) ITEM: COMMENTS: (036) ITEM: COMMENTS: MOTION: (085) ITEM: COMMENTS: MOTION: (137) ITEM: COMMENTS: MAY 26, 1994 Roll Call Maria Cruz, Code Enforcement Coordinator, announced that Mr. Andrews is excused from the meeting and that Mr. Flatto has resigned. *** Approval of Agenda Ms. Cruz requested that Case No. 94-001 be con- tinued until the next meeting. Mr. Cruz requested that a partial release of lien on Case No. 93-005 be added to the agenda. Made by Mr. Lazarus to approve the amended agenda. Seconded by Ms. Rawson. Carried: 5/0. *** Approval of Minutes of March 24, 1994 Mr. Manalich referred to the middle paragraph on page 5. He stated that the following statement should be added: "Mr. Manalich commented that March 24, 1999, will be the actual time frame in which to foreclose on the lien. (Amended copy available in the Clerk's Office.) Made by Ms. Rawson to approve the amended Minutes of March 24, 1994. Seconded by Mr. Allen. Carried: 5/0. *** BCC vs. Anthony J. Varano - CBB No. 94-005 Ms. Cruz announced that Mr. Varano is not in attendance. Ms. Cruz stated that the respondent has been cited due to the continuance of a partially constructed and abandoned structure without a valid building permit or Certificate of Occupancy (CO). Ms. Cruz stated that Staff has made every attempt Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: COMMENTS: MAY 26, 1994 to notify the respondent of this hearing and the violation. Acting Community Development Administrator Dick Clark revealed that according to neighbors, Mr. Varano is trying to avoid contact with the County but is still in the area. He said that all Ordinance requirements regarding posting and adver- tising have been met. In response to Mr. Lazarus, Mr. Clark replied that this a partially constructed building that presents a dangerous situation. Made by Mr. Lazarus to accept Composite Exhibit "A" into evidence. Seconded by Ms. Rawson. Carried: 5/0. After being sworn in by Ms. Cruz, Charles Tomasino stated that he has been employed by Collier County Code Enforcement for 19 years as a Code Enforcement Inspector. Mr. Tomasino stated that he has inspected the site on many occasions. He revealed that the building was under construction and abruptly stopped. He stated that the building is partially constructed of cinder blocks and abandoned. He said that the permit for the construction has expired. In response to Mr. Clark, Mr. Tomasino identified page 17 as the Inspection History of Permit No. 910004888 which was issued to Mr. Varano. He stated that the last inspection was held on June 30, 1992. After being sworn in by Ms. Cruz, Ed Perico, Chief Building Inspector for Collier County stated that he visited the site on many occasions. He testified that the photographs on page 16 are of the site. He said that the structural integrity of the block is fine but the general existing con- dition of this building presents a health and safety hazard. At the request of Mr. Lazarus, Mr. Perico explained his construction background. In response to Mr. Laforet, Mr. Perico stated that there is no fencing around the property and that represents an "attractive nuisance" in the area. Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: COMMENTS: MAY 26, 1994 Mr. Clark stated that the testimony and evidence indicate that the uncompleted structure is in violation of the Collier County Administrative Building Code No. 91-56 and Collier County Land Development Code No. 91-102. He advised that the respondent be found in violation and requested that the maximum fine of $250.00 per day per violation of each Ordinance be imposed. He said that the County will take further steps under the Unsafe Structure Ordinance to proceed in an expedient manner in the event that the respondent does not respond to the Order. In response to Mr. Lazarus, Mr. Clark replied that Ordinance No. 76-70 allows the County to remove the top portion of the structure in 30 days if the respondent does not comply. Mr. Clark requested that the CEB require the respondent to remove the top portion of the struc- ture and fence in the property within 30 days and complete the remainder in a reasonable time frame. Mr. Lazarus suggested that the respondent provide evidence of commencing the work within seven days. In response to Mr. Clark, Mr. Allen stated that a reasonable time frame in which to complete this structure is approximately six months. Mr. Clark suggested that the respondent must ini- tiate clean up within seven days, remove the top portion of the structure within 30 days and complete construction within six months. Mr. Laforet suggested that the work shall proceed after 30 days of this notice and proceed con- tinuously until completion. Mr. L'Esperance closed the public hearing. Made by Mr. Allen that, in CEB Case No. 94-005, the Re.pondent is to correct the violation pursuant to the Pindings of Pact, Conclusions of Law and Order of the Board on file in the Clerk's Office. Seconded by Mr. Laforet. Mr. Lazarus suggested adding an amendment to the motion. He stated that paragraph 4B be added to the Findings of Fact to read "That the continuing Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MOTION: COMMENTS: MOTION: MOTION: MAY 26, 1994 existence of this structure endangers the health and safety of the public". Made by Mr. Lazarus to aaend the motion by adding paragraph 4B. Seconded by Ms. Rawson. Carried: 5/0. Made by Mr. Allen to Order the respondent to correct the violation of the Land Development Code No. 91-102 as amended Section 2.1.15 and the Collier County Building Administrative Code No. 91-56, Section 103.6.1.2 in the following manner: A. Remove all second story framing not yet dried in or structurally safe. B. Remove all unusable trusses and debris from jobsite. C. Secure site with a 6 foot chain link fence. Stipulations A through C to be completed within seven days. D. Obtain valid Building Permit within ten days. E. Commence construction within 30 days. F. Pass an inspection within 90 days. G. Have a Certificate of Occupancy within six months from June 26, 1994. Seconded by Mr. Lazarus. Mr. Lazarus suggested that the motion be amended to stipulate that a Demolition Permit be secured for the removal of the second story structure within seven days of the date of this Order and completion of the removal of the second story portion within 30 days of the date of this Order. Mr. Allen agreed to aaend his aotion. Seconded by Ms. Rawson. Carried: 5/0. Made by Mr. Allen that the said corrections be com- pleted on or before the timetable stipulated above. If the respondent does not comply with this Order on or before the dates stipulated the respondent is ordered to pay a fine of $250.00 per day for each day that any violation described herein continues past said date. Failure to comply with the Order Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: COMMENTS: MOTION: COMMENTS: MOTION: (1577) ITEM: COMMENTS: MAY 26, 1994 within the specified time will result in the recor- dation of a Lien pursuant to Chapter 162 Florida Statutes which may be foreclosed and the respon- dent's property sold to enforce the Lien. Made by Mr. Allen that a fine of $500.00 per day for each day that any violation described herein. Seconded by Mr. Lazarus. In response to Mr. Lazarus, Assistant County Attorney Manalich stated that is considering whether the fine could be doubled because there are two Ordinances. Mr. Clark stated that Staff feels that the respon- dent is in violation of the two Ordinances. Mr. Manalich stated that the intent is to have a fine imposed per violation. He said that if there are different violations in different Ordinances each of those can carry a fine, but if the two Ordinances cover the same violation, only one $250.00 fine may be applied. Mr. Manalich requested that the CEB grant the County Attorney's Office the authority to phrase the language to effectuate the CEB's intent and correct any typographical errors. Made by Mr. Lazarus to direct the County Attorney to phrase the language regarding the fines in accordance to the Ordinance and to correct any typographical errors. Seconded by Ms. Rawson. Carried: 5/0. Assistant County Attorney Manalich asked if the Findings of Fact, Conclusions of Law and Order should be recorded? Made by Mr. Lazarus to record the Lien. Seconded by Ms. Rawson. Carried: 5/0. *** Case No. CEB 94-006 Ms. Cruz requested that this case be continued to the meeting of June 23, 1994. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY (1617) ITEM: COMMENTS: (1675) ITEM: COMMENTS: (1709) ITEM: COMMENTS: MAY 26, 1994 Mr. Clark explained that this is a two party viola- tion and one of the parties has agreed to settle their part of the violation. He said that it is hoped that after speaking to the second respondent that the violations may be resolved. It was the consensus of the CEB to continue Case No. CEB 94-006 to the meeting of June 23, 1994. *** Case No. CEB 94-002 Ms. Cruz explained that the CEB heard this case previously. She said that the CEB ordered the respondent to take corrective actions before April 27, 1994. She stated that are-inspection was performed on April 28, 1994, and found that the violation has been removed. She said that Staff is requesting that an Affidavit of Compliance be filed in this case. Assistant County Attorney Manalich stated that he will file a Notice of Compliance if necessary. It was the consensus of the CEB to issue an Affidavit of Compliance for Case No. CEB 94-002. *** C... No. CEB 94-003 Ms. Cruz explained that this is a request for an Affidavit of Compliance. She said that the CEB ordered the respondent to correct violations before May 1, 1994. She said a re-inspection had been made on May 2, 1994 and found the violation removed. It was the consensus of the CEB to issue an Affidavit of Compliance for Case No. CEB 94-003. *** C&B No. 93-011 BCC vs. Meadowood Club Apts., Inc. Ms. Cruz explained that this is a request for the imposition of fines. She stated that on November Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: COMMENTS: MAY 26, 1994 22, 1993, the CEB issued an Order and found the respondent in several violations. She said that the respondent was ordered to obtain compliance by March 24, 1994. She said that the Code Enforcement Department has done several inspections and found this property is still violation, although a great deal of progress has been done. She said as of April 12, 1994, there are 88 violations remaining. She said that those violations multiplied by 20 days multiplied by $250.00 per day total $44,000.00 that Staff is requesting be imposed at this time. After being sworn in by Ms. Cruz, Len Berlin, representing Meadowood Club Apts., stated that he is the General Contractor making the repairs in Meadowood Apts. He said that work began before the Findings of Fact were issued by the CEB. He stated that at that time a great deal of money was available to Meadowood Club Apts., and six pre-cast slabs for six buildings were ordered. He said that the owners were in the financial position to order half the stairs as required for replacement and he proceeded to make the repairs. He explained that shortly afterward the owner went into Receivership and exhausted all funds. He said that he met with the Receiver and was assured that the funding would be obtained and his firm continued to work on the project. He indicated that work did slow down because he was not in the position to order the additional slabs or stairs. He said that the judge did sign the necessary certificate and he was paid in full within 24 hours. He indicated that once the certificate was signed, all the materials were ordered which enabled his firm to work at a rate of three buildings per week. He submitted a schedule depicting the amount of progress that has been made. He stated that all repairs will be completed in approximately one month. He requested that the CEB grant an extension of 90 days from the original March 23 1994, deadline so that the repairs may be completed. He requested that the CEB postpone the fines so that they may be reassessed after comple- tion. Made by Ms. Rawson to accept Mr. Berlin's Exhibit as Exhibit "A" for the respondent. Seconded by Mr. Lazarus. Carried: 5/0. In response to Mr. Allen, Mr. Berlin replied that at one time he had $76,000.00 involved in the pro- ject. Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 26, 1994 Mr. Clark pointed out that Mr. Berlin has always been cooperative and responsible. Mr. Clark stated that there are violations that have not been completed. He indicated that Staff is requesting the imposition of fines with the con- dition that the fines will continue to accrue until completion. He said that at that point, Mr. Berlin or the owner could request a reduction in fines. In response to Mr. Lazarus, Mr. Clark replied that the imposition of fines would motivate the owner to obtain compliance. Mr. Berlin commented that should the fines be levied at this time, funds may be withdrawn from monies allocated for the repair work. Mr. Lazarus stated that the funds will not have to paid at this time. Assistant County Attorney Manalich stated that the Order can be entered and recorded at this time. He pointed out that if it is recorded it will act as a Lien on the property. He suggested that the Findings of Facts, Conclusions of Law and Order of the Board be recorded. Mr. Berlin stated that he is having a difficult time finding subcontractors and suppliers to per- form on a project that by public knowledge is bankrupt. He said that at this time, to impose fines or liens would be detrimental to the comple- tion of the project. Mr. Manalich reiterated that the entry of the Order itself will not act as a Lien. Mr. Clark stated that Staff recommends filing the Order of the Board at this time. He suggested that the case be brought back before the CEB in 60 days. He said that if the violations are not corrected at that time, an Imposition of Fines would be recorded. Mr. L'Esperance closed the public hearing. Assistant County Attorney Manalich stated that the Case will be continued for 60 days and no further action is necessary at this time. Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 26, 1994 *** *** Recessed: 10:15 A.M. - Reconvened: 10:20 A.M. *** *** (2715) ITEM: CEB No. 93-010 - BCC vs. Joseph F. Kelly and Debra ICe 11 y COMMENTS: Ms. Cruz stated that the CEB ordered that the respondent take certain corrective actions by April 28, 1994. She said that Code Enforcement did an inspection on April 29, 1994 and found that the violations still remained. She stated that Staff requests an imposition of fines be filed for $5,500.00 for the dates of April 29 through May 20, 1994, at the rate of $250.00 per day. After being sworn in by Ms. Cruz, Mr. Kelly explained that his building permit expired. He said that in October the CEB granted some time to fix the outside of the addition to his residence. He said that since that time the block walls have been stuccoed, painted and all the windows and doors installed. He stated that all the corrective measures have been taken except for two small win- dows. He said that he is approximately one month behind schedule. In response to Mr. Clark, Mr. Kelly stated that he first began construction of the addition eight years ago. Mr. Clark pointed out that the community was sub- jected to the existence of this partially completed building for eight years. He said that the purpose of today's action is the imposition of fines that will continue to accrue until completion. He noted that the CEB ordered the respondent to obtain a building permit and complete construction. Mr. Kelly stated that he did not complete the addi- tion because it was an ongoing project. He said that the imposition of fines would be a hardship. He stated he would be unable to pay any fines under any circumstances. In response to Mr. Clark, Mr. Kelly confirmed that the addition will be completed on Sunday. Page 10 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: Tape #2 COMMENTS: MOTION: (132) ITEM: COMMENTS: MAY 26, 1994 In response to Mr. Lazarus, Mr. Clark replied that he is unsure of costs to the County regarding compliance. He stated that he will calculate the amount of expenses. Mr. L'Esperance closed the public hearing. Made by Mr. Allen to order the respondent to pay Collier County the amount of $5,500.00 for non- coapliance of the Board's Order of October 5, 1993; this fine is for the dates of April 29, to May 20, 1994 at the rate of $250.00 per day. He said it is further ordered that a fine of $250.00 per day con- tinue to accrue until the respondent coaes into compliance or until jUdgment is rendered on a suit to foreclose on a Lien filed pursuant to Section 162.09 Florida Statute. He said this Order may be recorded and shall, pursuant to Section 162.09, Plorida Statutes, constitute a lien against the property described in Exhibit nAn andlor any other real estate or personal property owned by the respondent. He stated that the respondent will have the opportunity to return for a reduction of fines after completion. Seconded by Ms. Rawson. Mr. Lazarus stated that although he will vote for the imposition of fine he is uncertain as to whether the fine is appropriate or inappropriate. He requested that Staff report the cost to the County in this manner. Assistant County Attorney Manalich asked if the Order should be recorded? Mr. Allen agreed to aaend his motion to include postponing the recordation of the Order for 30 days. Opon call for the question, the motion carried 5/0. *** CEB No. 93-005 - BCC vs. Deauville Lake Club Development Corporation Ms. Cruz announced that this is a request for an Imposition of Fines. She said that this case came Page 11 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: (410) ITEM: COMMENTS: MAY 26, 1994 before the CEB on April 22, 1993 and the CEB issued and ordered the respondent to take corrective action by July 21, 1993. She stated that the case came back to the CEB on September 13, 1993, for an imposition of fines for $18,000.00. She explained that Staff is requesting an additional imposition of fine for $61,500.00 because the violations are still in place. She said that this is a total 246 days at $250.00 per day. Mr. Clark noted that the respondent is not present. Assistant County Attorney Manalich stated that a notice was furnished and sent by Certified Mail. He said that he had received a letter from a law firm representing the Deauville of Naples Condominium Association regarding civil litigation between the Association and the developer. He read the letter requesting the release of lien and pre- sented same to the CEB. Mr. Manalich said that he is concerned that the original Findings of Fact and Conclusion of Law and Order of the Board have been recorded. He said that in the past a number of releases have been issued to assist the unit owners. He said that the County Attorney's Office has no objection to entering the partial releases with the condition that Staff will investigate that this will assist the Association of unit owners. He asked if the Order Imposing Fine should be postponed? Mr. Clark suggested that the Order Imposing the Fine be postponed and agreed with the concern of Mr. Manalich. Made by Ms. Rawson authorizing the Chairman to exe- cute the release of liens to individual units pro- vided that Staff and the County Attorney deem it appropriate and that the Order I.posing Pine be postponed for one month. Seconded by Mr. Allen. Carried: 5/0. *** Cas. No. 93-003 - BCC vs. Elba Development Corporation Ms. Cruz stated that this is a request for the imposition of fines. She said that this case was Page 12 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 26, 1994 heard by the CEB on April 22, 1993. She said that the CEB ordered the respondent to take corrective action on November 1, 1993. She said the case was brought back before the Board on February 3, 1994, and imposed fines of $18,250.00 were filed. She reported that further inspections reveal that the violations still exist. She said that Staff is requesting that the amount of $26,250.00 be imposed. Leonard Rena, representing Elba Development, stated that significant progress has been made. He said that the reason the project was held up is due to financial problems. He requested that the case be continued for 30 days and that the CEB not take any action at this time. Mr. Clark stated that the respondent had been given ample time to complete the project. He stated that Staff is willing to wait 30 days to assure that the project is completed. He said that once completed, Mr. Rena can request a reduction in fines. He indicated that Staff is opposed to the elimination of fines. After being sworn in by Ms. Cruz, Cheryl Janopolis stated no work has been done on the project in the last 30 days. She asked if anything could be done besides the imposition of fines? Mr. Clark stated that the CEB has statutory authority limited to the imposition of fines. Mr. Allen stated that the right-of-way engineering has failed three times; site drainage has failed twice; landscaping has failed seven times; and parking has failed once. He remarked that an ease- ment must be granted for the sprinkler line pipe. He asked why the easement has not been requested? Mr. Rena stated that one of the lenders did not want to grant a release and that held up the ease- ment request. In response to Mr. Clark, Mr. Rena said that he is not sure when the request for the easement would be brought before the BCC. Mr. Rena agreed to develop a timetable for comple- tion of the project and distribute copies to the CEB. Page 13 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: COMMENTS: MOTION: (1710) ITEM: COMMENTS: MAY 26, 1994 At Mr. Clark's request, Mr. Rena agreed to distri- bute the timetable to a representative of property owners also. After being sworn in by Ms. Cruz, Tony Franzer, Mrs. Robert Black and Charles Morton discussed their concerns regarding completion of the project. Made by Ms. Rawson to accept the photographs and a letter into evidence. Seconded by Mr. Lazarus. Carried: 5/0. Mr. Clark urged the Board not to release the moti- vation authority that it has. Mr. Lazarus expressed concern regarding the collec- tion of fines. He asked if there is a way to hold the individuals responsible? In response to Mr. Manalich, Mr. Clark stated that criminal action is pending. He said there are cor- porate assets available. Mr. Lazarus stated that he would like to see if there is a way to pierce the corporate veil. Mr. L'Esperance closed the public hearing. Made by Mr. Lazarus to approve the stipulated reco...ndations, revisit the case in 30 days and that the fines will continue to accrue until coapletion. *** *** Recessed: 11:25 - Reconvened: 11:30 *** *** CEB No. 93-006 - BCC vs. Kevin Stoneburner and Gulf Materials Recovery and Artificial Reefs, Inc. Ms. Cruz stated that this is a request for the imposition of fines. She said that the CEB ordered the respondent to take corrective action by August 25, 1993 or a fine of $125.00 per day would be imposed. She said an extension was granted until November 24, 1993 or a fine of $250.00 per day would be imposed. She reported that the CEB Page 14 CODE ENFORCEMENT BOARD OF COLLIER COUNTY *** (2036) COMMENTS: MOTION: MAY 26, 1994 imposed a fine of $11,750.00 for non-compliance on February 3, 1994. She indicated that Code Enforcement made numerous inspections and noted that the violations remained. She stated that Staff requests that a fine of $28,500.00 be imposed for non-compliance. Mr. Lazarus stated that he will abstain from this hearing due to conflict of interest. Jerry Pitkin, Attorney for Mr. Stoneburner, stated that the site has been cleaned up. He said that his client has spent approximately $70,000.00 to obtain compliance. He reported that Mr. Stoneburner mobilized equipment to clear the debris two days earlier. He said that as of this morning the remaining debris is in the process of being removed. He requested that the CEB reduce the prior fine and the current fine. Deputy Clerk Hoffman replaced Deputy Clerk Barbiretti at this time *** Attorney Pitkin affirmed that Mr. Stoneburner or one of his representatives will keep an eye on the project on a weekly basis to ensure that other people are not dumping materials on the site. Mr. Pitkin requested that the fines be reduced to the costs incurred by the County. Mr. Clark advised that staff's actual cost, thus far, including one additional inspection this date to ensure total compliance of the project, is $639.72. Mr. Clark stated that considering all the miti- gating circumstances involving this case, staff is not opposed to reducing the fine to the actual cost of $639.72, if that amount is paid this date. Mr. Allen remarked that Mr. Cadenhead has already been paid $70,000 and it appears that Mr. Stoneburner will be expending an additional $5,000 - $6,000 to clean up what was not completed by Mr. Cadenhead. Attorney Pitkin replied that Mr. Allen's observation is correct. Made by Ms. Rawson that the fine previously imposed on Mr. Stoneburner be reduced to $639.72 pending Page 15 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 26, 1994 his payment of same within the next six hours. Seconded by Mr. Allen. Carried 4/0 (Mr. Lazarus abstained) . *** (2260) ITEM: COMMENTS: Next Meeting Date Chairman L'Esperance announced that the next meeting date is June 23, 1994. *** (2285) ITEM: COMMENTS: Introduction of Mr. Ed Morad Mr. Clark advised that Mr. Ed Morad is the Acting Code Enforcement Director. He revealed that he has been a Code Compliance Investigator for eight years and has a wealth of knowledge and experience. The Board welcomed Mr. Morad. *** There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOARD OF COLLIER COUNTY :1 C-ljPI1 a~ Page 16 C('l , LI f?'t NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE CCLLlL7Z- (I,;-C'lflv' CUp,z C~v.:V,1.Cc r':A/j-'~/J7L'9 THE hOARD. COUNCIL. COMMISSION. AUTHORITY. OR. COMMtlTEE ON WHK'H I SERVE IS A UN'T OF: : en 'I' ~)' ~ OTHEK t.OCAl AGENCY NAME Of POLITICAL SUBUlVISION.: GLL/P.t... {~'~M M'I' POSITION IS: ! I . , FORM 88 MEMORANDUM OF VOTING CONFLICT FOR ~OUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS 5T NAME-fiRST NAME-MIOutE NAME 2A-/2.(.)5 illJ'Nli ADDRESS q r{ ~ (J f\' Iv/ ,,LcD :2i L :hV ,) h () /t';)';.. ~) -I :j , .re 0.... WHICH ,"orE (X"CU RED ',-0 ,~ ..[t:..J~ - 0 , .' ,'L-l COUNTY VI i~ '( ;~ ELECTIVE ~~~ <..-.' : ------ WHO MUST FILE FORM 88 This form is for use by any person serving :1t the county. city. or other localleo.'el of government on an appointed or elected board, :ouncil, commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requiremeo,ts of this law are mandatory; although the use of this panicular form is not required by law. you are encouraged to use it in making the disclosure .required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, pl~ pay close attention to the instructions on this form before completing the reverse side and filing the form, :::'- : .;- -- INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.~143. FLORIDA STATUTES ELECTED OFFICERS: A person holding electh'e county. municipal. or other local public office ~'IUST ABSTAI N from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a governinent agency) by whom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on .....hich you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by compktingand filing this form with the person responsible for recording the minutes of the meeting. who should incorporate the form in th~ minut~s. ~ " APPOINTED OFFICERS: A person holding appoimive county. municipal. or other local public offi.:e MUST ABSTAIN from voting on a measure which inures to his special private gain, Each local officer also is prohibited from knowingly voting on a measure which inures to the sp.=cial gain of a principal (other than a government agency) by whom he is retained. ' A person holding an appointive local offic~ otherwise may participate in a ~atter in which he has a conflict of interest. but must disclose the nature ot" the conlliet before making any attempt to influence the decision by oral or written communication. whether r.1.J.de by the officer or at his direction. IF YOU INTEND TO \lAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . · . should complete and file this form (bet"ore making any anempt [0 influence the decision) with the person responsible for rel..ording the minutes of the meeting. .....ho will incorporate the form in the minutes. · A copy of the form should be: provided immediately to the other m~mbers of the agency. _ · The form should be read publicly at (he meeting prior to consideration of Ihe matter in which you have a conflict of interest. '- IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT -qiE MEETING: . ""JU should disclose orally the nature of your conflict in the measure before participating. · ,ou should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting. who should incorporate the: form in the minutes. 1. 1./1 C A/ ~ Lp-.. J-~,/Lv5 DISCLOSURE OF LOCAL OFfiCER'S INTEREST AA /1 L( 7- (~ . hereby disclose that on . 19 cry - (a) A measurc came or will come before my agency which (check one) / ~ inured to my special privatc gain: or _ inured to the special gain of . by whom I amretainc;d. (b) The measure before my agency and the nature of my interest in the measure is as follows: CoU-(t.-~ COUolVP-(' v' S"'i-cNe., (; UfLiV(:~L /L'-r ,tt-L.- , ;y...~ t]-2v-tA12a..... L/-i,t.v l:'AyL.,7t.-<:.:7-L R (..:"- ;Ji1-C-f /..n,CCf) fr'1.::.'- 'J .-'. /) I'-.~::') r c:'A... 'i)", :1...r //0 . :)./) r /} '.. y/ '. .- /.......'""1. -;:, , / L..,-, C0:-,,~ / /1--(" After consultation with .the County Attorney, I abstained from voting on the above matter pursuant to Section 286.012, Florida Statutes, which provides 'Lhat "no member of any state, count.y, or municipal governmental Doard, conunission or agency who is present~t any meeting of' such body at which-an.6fficial cecision, ruling or other official act is to be taken or adopted~ay'abstain from voting.. .except when, with respect to any such member, there is, or appears to be, a possible conflict of interest under the provisions of S.112.311, S.l12.313, or S.112.3143. In such cases, said me~ber shall comply with the cisclosure requirements of S.112.3143." / /r..'<-C'~1 ~ i._~ Signalurc ..,,, r 1v1jt..(J-...7, /l<''/ L! Dz:e Filed !\ ICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND ~lA Y BE PUNISHED BY ONE OR ~10RE OF THE FOLLOWING: l\lPEACH\.lENT. RE.\IOV AL OR SUSPENSION FRO:\l OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRI:\IAND. OR A CIVIL PENALTY NOT TO EXCEED S5,OOO. CE fC 0:...... ~ 6 . lO,gh :- o. r-o