Loading...
CEB Minutes 10/28/1993 1993 Code Enforcement Board Minutes October 28, 1993 .J - CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: October 28, 1993 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ANDREWS LAZARUS L'ESPERANCE PEDONE RAWSON ALLEN VARIE X EXC. X X X X X ASHTON BRYANT CLARK CRUZ X X X X MINUTES BY: Ellie Hoffman, Deputy Clerk CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 10:45 A.M. PRESIDING: Michael Pedone, Chairman ADDENDA TO THE AGENDA: None Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA (REVISED) Date: October 28, 1993 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 3. APPROVAL OF MINUTES August 26, 1993 4. PUBLIC HEARINGS Board of County Commissioners vs. Joseph F. Kelly and Debera Kelly CEB Case No. 93-010 5. NEW BUSINESS a) Request for Imposition of Fines for Case No. 93-009 Board of County Commissioners vs. Rick Norgart b) Discussion on the voting requirements regarding the waving of fines for Case No. 93-004 Board of County Commissioners vs. Montclair Building Corporation, Kenneth R. Meadvin, President, Eli Baron, Director, and George Rice, Agent c) Request for modification of order of the Board reference case No. CEB 93-003, Board of County Commissioners vs. Elba Development Corporation, Kenneth R. Meadvin, President, Eli Baron, Director, and George Rice, Agent 6. OLD BUSINESS Request for reduction of fines imposed on Case No. 92-015 Board of County Commissioners vs. Moses Howard 7. REPORTS . Presentation of the Code Enforcement Board Cases History Report 8. NEXT MEETING DATE November 18, 1993 9 . ADJOURN CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 28, 1993 Tape #1 (28) ITEM: COMMENTS: MOTION: (60) ITEM: MOTION: (75) ITEM: COMMENTS: Approval of Agenda Code Compliance Coordinator Maria Cruz requested that Item #5A, Request for Imposition of Fines for Case No. 93-009 and Item #7, Code Enforcement Board Case History Report be continued. In addition, she asked that the agenda items be heard in the following order: Item #6, Item #5B, Item #5C, and Item #4. Made by Mr. Andrews to approve the agenda, as amended. Seconded by Mr. L'Esperance. Carried 6/0. ***** Approval of the August 26, 1993 Minutes Made by Mr. Andrews to approve the minutes from the August 26, 1993 meeting. Seconded by Mr. Allen. Carried 6/0. ***** Request for Reduction of Fines Imposed on Case No. 92-015, Board of County Commissioners vs. Moses Howard Code Enforcement Supervisor Clark advised that Attorney Timothy Ferguson is present and represents the Estate of Moses. He stated that a fine in the amount of $38,400 has accrued and unfortunately, the liability of same has been imposed on the Estate. He announced that the required mitigation, directed by the Board, has been scheduled. Attorney Timothy Ferguson indicated that he appeared before the Board approximately two months ago and stated at that time the next time he appeared, the mitigation would be completed. He reported that he has met with staff and has a letter advising that mitigation is completed, funds have been donated to Rookery Bay and the site has been cleaned up. He requested that the fines be reduced to $3,500 which covers the administrative costs in prosecuting this case. Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: ITEM: COMMENTS: OCTOBER 28, 1993 Mr. Clark explained that staff concurs with the $3,500 amount which does cover the costs for field investigations, staff and clerical time and pro- secution time. He suggested that the Board stipu- late that the $3,500 be paid within 15 days. Made by Mr. proposal to that amount Ms. Rawson. Allen to accept Attorney Ferguson's reduce the accrued fines to $3,500 and to be paid within 15 days. Seconded by Carried 6/0. ***** Discussion on the voting requirements re the waiving of fines for Case No. 93-004 Board of County Commissioners vs. Montclair Building Corporation, Kenenth R. Meadvin, President, Eli Baron, Director and George Rice, Agent After being sworn in by Code Compliance Coordinator Cruz, Mr. Kenneth R. Meadvin stated that he is not prepared to discuss Montclair Building Corporation. He recalled a previous meeting, at which time a motion was made and approved not to impose any fines. Assistant County Attorney Bryant advised that it is his understanding that this item was placed on the agenda to solidify the issue of whether or not the vote of the Board was correct to not impose the fines. He revealed that he has had discussions with members of the staff of the County Attorney's Office and understands that there would be no fines. Chairman Pedone explained that at the August 6, 1993 meeting there was a vote with regard to the fine for the four days of non-compliance relating to the swimming pool at Montclair. He recalled that the first motion resulted in a vote of 3/2 to eliminate the fine, however, the County Attorney's office advised that a super majority vote was required. He noted that a second motion was made to reduce the fine from $1,000 to $750. He reported that it was determined later that the original vote was proper and therefore, the action reverted back to the original motion and a rebate of the fine was given. Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY ITEM: COMMENTS: OCTOBER 28, 1993 ***** Request for modification of Order of the Board re Case No. CEB 93-003, Board of County Commissioners vs. Elba Development Corporation, Kenneth R. Meadvin, President, Eli Baron, Director and George Rice, Agent Mr. Kenneth Meadvin requested an extension of the Board's action of April, 1993, wherein a six month time period was given to complete the clubhouse and amenities at the Embassy Woods Golf << Country Club. Mr. Meadvin called attention to an Investigation Report from Timothy Stick, dated October 27, 1993. He cited that the report is fairly accurate, however, the permit for the swimming pool has been applied for and is currently being reviewed by HRS. Mr. Meadvin stated that the budget on this project has increased approximately 25%. He noted that some of the nature of the delays have been in increasing the budget with the lender, having it approved, and obtaining the proper analysis. He indicated that he is not compromising the integrity of the project since it will be completed in a quality and workman-like manner. Mr. Meadvin announced that approval for the parking lot area was obtained on October 27th and should be completed within 45 days. Mr. Meadvin requested that an extension be granted to include as long as work is being done to finish the project, but noted he does not desire to commit to a specific date or time. Mr. Allen questioned why Mr. Meadvin waited 5-1/2 months to obtain the pool permit, to which he replied that this was the fault of the contractor since he experienced delays with engineering, site plans and he was not prepared to move ahead as anticipated. Mr. Clark pointed out that Mr. Meadvin has had the permits for the amenities since 1991. He indicated that he has violated his contract with the resi- dents in addition to violating the contract with the County. He cited that any continued leniency Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 28, 1993 consideration would be totally unwarranted and unjustified. Mr. Clark announced that a fine is scheduled to be imposed beginning on November 1, 1993 and Mr. Meadvin and his corporation have known about this for some time. He recommended that no further con- sideration be given, but noted if Mr. Meadvin does perform in the manner as he previously stated, he has the opportunity to come back to the Board and request mitigation of the fines that have accumu- lated. He stated that Mr. Meadvin's promises to date have not been kept. Mr. Meadvin recalled that when he appeared before the Board in April, he asked for additional time. He noted that he requested 120 days for the master clubhouse, however, 90 days was granted. Mr. Clark recalled that the contractor, repre- senting this developer, stated on record that this project could be completed in six months with no problem. He revealed that there are no extenuating circumstances that should be considered by the Board. The following persons spoke with regard to this item: Richard Gaffney Edward Showns Paul Holland Mr. Meadvin remarked that if this Board' respon- sibility is to cause compliance, this has been done. He noted that he does not intend to compro- mise the completion of the building. He divulged that he is willing to submit reports that will document substantial construction from this time through the completion of the project. Ms. Rawson explained that the Board has an Order in effect and if a motion is not made to modify that Order, it would remain in effect. Chairman Pedone remarked that he believes Mr. Meadvin is making progress at the Embassy Woods Clubhouse. He revealed that he does not believe progress would have been made if it were not for the fact that the fines are hanging over his head. Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY *** (1600) ITEM: COMMENTS: MOTION: OCTOBER 28, 1993 He noted that his feeling is that the Order should remain as is, and if after the building is completed, if Mr. Meadvin desires to come back and advise of the extras that caused the delay, con- sideration may be given for a reduction of fines. No action was taken on this issue. Recess 9:50 A.M. - Reconvened 9:55 A.M. *** ***** Board of County Commissioners vs, Joseph F. Kelly and Debera Kelly, CEB Case NO. 93-010 Attorney Tamara Jones, representing Joseph and Debera Kelly requested that this item be continued until the next meeting. She remarked that she first became aware of this case last evening, when she met with Mr. and Mrs. Kelly. Mr. Clark cited that staff strongly opposes a con- tinuance in this matter. He explained that this situation has previously been before the Board and the building is still not completed. He stated if a Respondent wishes to wait until the last day before retaining an attorney, that is his risk. Additionally, he revealed that the neighboring residents have been saddled with the eyesore of this uncompleted building for more than four years. Attorney Jones explained some of the personal problems that Mr. and Mrs. Kelly have recently experienced, and noted that they were not back in town until last evening. Mr. Clark remarked that Mr. and Mrs. Kelly have had notice of this violation for several months and they have had more than ample time to contact an attorney. Chairman Pedone noted that the original Order of the Board indicates that the respondent was to correct the violation by November 28, 1992, and Mr. and Mrs. Kelly have had since that time to act on their position. Made by Mr. Andrews not to grant a continuance in the matter of CEB Case No. 93-010. Seconded by Mr. L'Esperance. Carried 6/0. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY COMMENTS: OCTOBER 28, 1993 After being sworn in by Code Enforcement Coordinator Cruz, Mr. Joseph Kelly stated that he is a roofer. He explained that in August, 1993, he fell from a roof and crushed his right wrist. He related that he is presently disabled and probably will be for 6-9 months. Mr. Kelly advised that he and his wife have been working together building an addition to their home. He explained that the work has been done gradually, noting that whenever they were able to save a little money another stage of the work would take place. He stated that he believes a substan- tial amount of the outside of the structure could be completed within the next 3-6 months, however, under the present circumstances, it will take approximately one year for total completion of the addition. He reported that within the past year, the trusses have been installed, and the roof has been sheeted and shingled. He related that the work to be completed includes the installation of the windows and doors, and stucco and painting of the outside. Mr. Clark remarked that Mr. Kelly has had a contractual relationship with the County since 1985 to construct and complete a building and noted that the County has been more than patient. He remarked that the neighboring residents' patience with the County have come to an end. Mr. Clark recommended that the outside of the building be completed by January 27, 1994 and the remainder of the addition be completed within a 6 month period of time. Mr. Kelly stipulated to Mr. Clark's recommendation. Mrs. Debera Kelly explained personal circumstances involving two deaths in the family which required trips to be made out of town and the money for same that would have been used toward the work on the addition. Mrs. Kelly divulged that Mr. Kelly is unable to work since his roofing accident, noting that she is also unable to work since her husband can do nothing for himself. Mrs. Kelly requested that the Board grant a six month time period for the exterior work to be Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: COMMENTS: MOTION: OCTOBER 28, 1993 completed and a one year time period for the interior work to be completed. Ms. Cruz announced that the Board and the recorder have been provided with Composite Exhibit "A, with regard to Case #CEB 93-010, Board of County Commissioners vs. Joseph F. Kelly and Debera Kelly who are present. Ms. Cruz stated that the Respondents are before this Board, due to allowing the continuing existence of a partially constructed and abandoned structure without the authority of a valid building permit or certificate of occupancy, which are alleged violations of the Collier County Land Development Code and Collier County's Building Code. She requested that Composite Exhibit "A" be admitted into evidence. Attorney Jones advised that she does not object to Composite Exhibit "A" being admitted into evidence, however, voiced objection to the finding that the Respondents are in violation of a Section. She noted that although it is not an excuse to have a financial hardship, Mr. Kelly's injuries were an act of God and something he could not help. She remarked that the structure's exterior work was to be completed by Mr. Kelly, however, he cannot complete the work due to his injuries. She requested that an extension be granted to her clients. Made by Mr. L'Esperance to accept Composite Exhibit "A" into evidence. Seconded by Mr. Allen. Carried 6/0. Chairman Pedone indicated that there has been a violation relating to the unfinished structure since 1984 and questioned whether the Respondents would stipulate to same. Mr. and Mrs. Kelly both replied in the affirmative. Made by Mr. L'Esperance to grant the Respondents a six month period of time to complete the entire project, with the understanding that the exterior work is to be completed first and that no further extensions would be granted. Seconded by Mr. Andrews. Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: ITEM: COMMENTS: Tape #2 OCTOBER 28, 1993 Mr. Pedone remarked that his feeling is that a six month time period should be granted for the comple- tion of the exterior structure. He noted that the unfinished interior is not unsightly to the neigh- bors and suggested that this work be completed within the time frame allowed by the building per- mit. Mr. L'Esperance withdrew his motion. Mr. Andrews withdrew the second. Made by Ms. Rawson that the Respondents be granted a six month time period to complete the necessary work to the exterior structure including all win- dows, doors, stucco, painting, fascia and soffit. The interior work to be completed within the period of time allowed in the Building Permit. Seconded by Mr. Andrews. Mr. Clark advised that staff is recommending a fine of $450 per day in the event the Respondents do not comply with the Order of the Board, however, due to the circumstances, he suggested that the fine be reduced to $250 per day Ms. Rawson amended her motion to include that in the event the Respondents do not comply with the Order within the six month period of time, a fine will be assessed in the amount of $250 per day for each and every day any continuing violation exists. Mr. Andrews accepted the amendment. The motion carried 6/0. ***** Reiteration of Attendance Policy Mr. L'Esperance requested a reiteration of the CEB's Attendance Policy. Assistant County Attorney Bryant advised that two unexcused meetings out of three meetings is grounds for termination of a board member. Chairman Pedone read Page 2, Article 5, Section Four of the CEB Ordinance: "If a member misses two out of three successive board meetings without a satisfactory excuse and without prior approval of the Chairman, he shall forfeit his appointment." Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 28, 1993 Mr. Pedone stated if a member is unable to attend a meeting and so advises staff, the County Attorney's Office or the Chair, he would have an excused absence. He remarked that a member who fails to attend a meeting without advising of same would have an unexcused absence. Mr. L'Esperance requested that Mr. Clark provide an attendance report to the Chair for the next meeting. ***** ITEM: Workshop re Sunshine and Communication Issues to be held November 18, 1993 COMMENTS: Assistant County Attorney Bryant noted that discussions have been held with regard to con- ducting a workshop with respect to sunshine and communications issues. Ms. Rawson reported that she attended the workshop at the City which was very worthwhile and helpful, and remarked that it would be very beneficial for County staff to conduct a workshop. It was the consensus of the Board that a workshop would be held after the regularly scheduled meeting on November 18, 1993. ***** ITEM: Next Meeting Date - November 18, 1993 COMMENTS: Mr. Pedone announced that the next meeting date is November 18, 1993. ***** There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOARD COLLIER COUNTY Page 10