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CEB Minutes 08/06/1993 1993 Code Enforcement Board Minutes August 6, 1993 .' SPECIAL MEETING OF THE CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: August 6, 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 X EXC X X X EXC BARTOE MANALICH BRYANT CRUZ X X X X MINUTES BY: Annette Guevin, Recording Secretary CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 9:30 A.M. PRESIDING: Michael Pedone, Chairman ADDENDA TO THE AGENDA: None Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AG~H12A Date: August 6, 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 4. PUBLIC HEARINGS N/A 5. NEW BUSINESS a) Request for Imposition 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 6. OLD BUSINESS Discussion of the removal of the filings of the respective orders of the Board from the public records for ELBA . DEVELOPMENT CORP., and MONTCLAIR BUILDING CORPORATION, Kenneth R. Meadvin, President, Eli Baron, Director, and George Rice, Agent. 7. REPORTS N/A 8. NEXT MEETING DATE August 26, 1993 9 . ADJOURN CODE ENFORCEMENT BOARD OF COLLIER COUNTY Tape #1 (33) ITEM: MOTION: (121) ITEM: MOTION: (130) ITEM: COMMENTS: AUGUST 6, 1993 Approval of the Agenda Made by Mr. Lazarus to approve the Agenda. Seconded by Ms. Rawson. Carried 5/0. ***** Approval of Minutes - July 22, 1993 Made by Mr. Lazarus to approve the Minutes of July 22, 1993. Seconded by Mr. Allen. Carried 5/0. ***** New Business Request for Imposition 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 Assistant County Attorney Ramiro Manalich suggested that the item under Old Business be discussed in conjunction with this item. Assistant County Attorney Manalich referred to three items of correspondence during the month of July pertaining to this case. He recalled the CEB's last direction to the County Attorney's Office was to work with the Chairman and the Respondent in order to address the issue of the recordation of the original order in this matter; and to obtain information and assurances regarding two items. He said the first is whether the Respondent would agree in writing to not making any transfers of their interests except for single- family dwelling units. He indicated the letter dated July 21st from Mr. Meadvin contains a commit- ment to that provision. He reported the second matter concerns inquiries regarding the construc- tion loan arrangements for the project. He referred to a letter from the law firm representing Bank of Boston dated July 7th which indicates the continued recordation of the CEB's document will Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY AUGUST 6, 1993 impair future loan disbursements. He mentioned the letter also states they are closely monitoring construction progress and have employed a construc- tion inspector who inspects the status of comple- tion of all construction before loan disbursements are made. Also, he said, a July 27th letter from the same law firm confirms provisions are in place for funding of the items which are the subject of the Board's order. He concluded by suggesting that Staff be allowed to comment about other recorded documents that have been located in the records regarding the subject property. Maria Cruz, Code Enforcement Coordinator, advised when researching the public records, she found several liens against the subject property. She said some have been satisfied, however, some are pending. She noted the property is in compliance at this time, although the Respondent was six days late. She requested a fine of $1,500 be imposed for the six-day period. Kenneth Meadvin, President, Montclair Building Corporation, countered that there are no liens against the subject property that remain outstanding. He admitted liens are in place with regard to Embassy Woods, but not against the clubhouse property except the recordings of this Board. He explained the legal description is very intricate and confusing. He commented with regard to the fine being requested by Staff, both Montclair Building Corporation and Elba Development Corporation are doing their best to sustain the progress being made. He said the pool is complete and substantial progress has been made to the clubhouse. He asked for a suspension of the fine. Tom Bartoe, Code Enforcemen~ Supervisor, recalled the order of the Board required that all inspec- tions and certificates of occupancy (C.O.) be acquired by July 29th. He said the C.O. for the pool is ready to be issued this date, and the last inspection took place on August 4th. Ms. Rawson asked if the County Attorney's Office has looked at the liens referred to by Ms. Cruz. Assistant County Attorney David Bryant stated at least one lien refers to Phase II, Section 5, Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: COMMENTS: MOTION: MOTION: ITEM: AUGUST 6, 1993 Township 50 South. He said the subject project is in the west one-half of that legal description, which means the lien encumbers that parcel. Mr. Meadvin reiterated the legal description is very complicated. He assured the Board that the clubhouse is in Phase I of the project, and the recordation of the aforementioned lien as well as other liens that specifically cite Phases II or III do not pertain to the clubhouse facility. In response to Chairman Pedone, Mr. Bartoe replied the clubhouse facility is approximately one-third completed. Assistant County Attorney Manalich suggested that a building inspector provide a report to the Board for the August 26th meeting when the clubhouse facility is required to be two-thirds complete. Chairman Pedone communicated his opinion that the Respondent is attempting to comply with the order of this Board. He suggested that no fines be imposed for the five to six day period of non-compliance. Made by Mr. Lazarus to eliminate the fines for this portion of the order. Seconded by Ms. Rawson. Assistant County Attorney Manalich reported that this action requires at least four affirmative votes for approval. Upon call for the question, the motion failed 3/2 (Messrs. Allen and Andrews opposed). Made by Mr. Allen that a fine of $750 be imposed for this portion of the order. Seconded by Mr. Andrews. Failed 2/3 (Messrs. Lazarus, Pedone and Ms. Rawson opposed). Made by Mr. Lazarus to table the issue of fines until the next regular meeting of the CEB. Seconded by Ms. Rawson. Carried 5/0. ***** Old Business Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY AUGUST 6, 1993 Discussion of the removal of the filings of the respective orders of the Board from the public records for Elba Development Corporation, and Montclair Building Corporation, Kenneth R. Meadvin, President; Eli Baron, Director; and George Rice, Agent COMMENTS: Chairman Pedone related if the CEB's order will delay funding which in turn disallows completion of the project, the CEB would then be at fault for not completing the building. He suggested the order be unrecorded. Assistant County Attorney Manalich advised that the State Statute does not restrict the Board from recording the orders once again later in the year should there be any further problems. He revealed in his opinion, there has been substantial compliance and cooperation in meeting the two terms set by the CEB. Mr. Lazarus noted the efforts of this Board should concern getting the project completed in the best interests of the homeowners, and the best way to accomplish that is by releasing the recordation of the order. MOTION: Made by Mr. Lazarus to release the recordation of the order of the Board. Seconded by Ms. Rawson. Assistant County Attorney Manalich clarified that this motion will release the orders from the public records concerning Montclair Building Corporation and Elba Development Corporation. He said Deauville Lake Club Development Corporation forms no part of this discussion, to which Mr. Lazarus concurred. Upon call for the question, the motion carried 5/0. ***** There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOARD OF COLLIER COUNTY Page 5 6 1993 Page 6