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
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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
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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,
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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
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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
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6 1993
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