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CEB Minutes 07/22/1993 1993 Code Enforcement Board Minutes July 22, 1993 .. . CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: July 22, 1993 9:00 A.M. TIME: PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT - ANDREWS X BARTOE X LAZARUS X CLARK X L'ESPERANCE X CRUZ X PEDONE X KIRBY X RAWSON X MANALICH X * ALLEN X VARIE X * Arrived at 9:05 A.M. MINUTES BY: Ellie Hoffman, Deputy Clerk CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 10:40 A.M. PRESIDING: Michael Pedone, Chairman ADDENDA TO THE AGENDA: None Page 1 Date: Location: NOTE: 1. ROLL CALL -=-'" CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA A~E;li~A July 22, 1993 at 9:00 o'clock A.M. Collier County Government Center, Bldg "F" Third Floor 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. 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES 4. PUBLIC HEARINGS N/A a) 5. NEW BUSINESS b) c) d) e)A wfv Request for Imposition of Fines for Case No. 93-002 Board of County Commissioners vs. Bobby Gene McCollum and Billie Jean McCollum Request for the filing of the Affidavit of Compliance for Case No. 93-002 Board of County Commissioners vs. Bobby 'Gene McCollum and Billie Jean McCollum Request for the filing o~ the Affidavit of Compliance for Case No. 93-008 Board of County Commissioners vs. Goodland Bay Marina, Inc., David G. Law, President and Rita Law, Secretary Treasurer Request for Imposition of Fines for Case No. 91-019 Board of County Commissioners vs. Moses W. Howard, Estates Request for Imposition of Fines for Case No. 91-015 Board of County Commissioners vs. Sally Irgang and Mark Irgang 6. OLD BUSINESS 7. REPORTS Discussion of the removal of the filings of the respective orders of the Board from the public records for ELBA Development Corp., Kenneth R. Meadvin, Pres. and Eli Baron, Director, Montclair Building Corp., Kenneth R. Meadvin, Pres. and Eli Baron, Director and Deauville Lake Club Dev. Corp. Mimon Baron, Pres.-Director. N/A 9 . ADJOURN 8. NEXT MEETING DATE August 26, 1993 -- CODE ENFORCEMENT BOARD OF COLLIER COUNTY Tape #1 (28) ITEM: COMMEJfTS: MOTION: (.7) ITEM : MOTION: (70) ITEM: CO....Jn'S : JULY 22, 1993 Approval of Agenda Code Compliance Coordinator Maria Cruz requested continuance to the next meeting of Item #E, Request for Imposition of Fines for Case No. 91-015 Board of County Commissioners vs. Sally Irgang and Mark Irgang. She remarked that additional notification to the Respondent is needed. Made by Mr. Andrews to approve the agenda, a. _nded. Seconded by Mr. Lazarus. Carried 6/0 (Mr. Allen not present). ..... Approval of the 3une 26, 1993 Minute. Made by Mr. Lazaru. to approve the .inute. fro. the 3une 2., 1993 ..eting. Seconded by .... __on. Carried 6/0 (Mr. Allen not pre.ent). ..... Request for Imposition of Fines for Case No. 93-002, Board of County Commissioners vs. Bobby Gene McCollum and Billie Jean McCollum Code Compliance Coordinator Cruz recalled that the Board held a public hearing on April 22, 1993 and issued its Order with regard to Case No. 93-002, indicating that effective June 29, 1993 violations were to be brought into compliance or a fine of $125 will be imposed for each day of non- compliance. Ms. Cruz advised that on June 30, 1993 and July 13, 1993, Investigator Mike Kirby conducted an inspec- tion for compliance and noted that the violations remain. She announced that staff is recommending that a fine in the amount of $1,750 be imposed for non-compliance of the Order. She remarked that this fine encompasses the dates from June 30, 1993 through July 13, 1993. ... Mr. Allen arrived at this ti.. ... Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: (320) ITEM : JULY 22, 1993 Attorney Robert Hines, representing Mr. and Mrs. McCollum requested that the Board consider miti- gating the fine. He explained that a number of years ago his clients purchased a lot in Golden Gate, south of Immokalee Road. Attorney Hines reported that the front portion of his clients' lot was previously cleared by the pre- vious owner. He indicated that approximately one year ago, Mr. McCollum did remove some material from a low spot in the front portion of the lot. He remarked that he spread the material around the lot without obtaining the required permit. He recalled that Mr. McCollum was cited for this violation and an arrangement was worked out, whereby the material that had been removed from the low spot would be used to fill in the hole and then shrubs were to be planted in the area that had been altered. Mr. Hines stated that the back filling of the hole was completed prior to the date required by the Board, however, there was difficulty in finding a firm that was desirous of doing the planting since the area that had been excavated was very small. He revealed that a firm from Estero did the planting, but this was not accomplished prior to the required date, but it has been completed prior to this hearing. Mr. Hines requested that relief be granted to his clients, by reducing the fine by one-half. Code Enforcement Supervisor Clark explained that the violation did exist for some time and a con- siderable amount of staff time was spent in attempting to have the violation brought into compliance. He revealed that due to the mitigating circumstances, staff is recommending that the fine be reduced to $850. Made by Mr. L'a.perance that the fine with regard to C... .0. 93-002, be reduced fro. $1,750 to $850 and .aid -.ount to be paid within ten day.. Seconded by Ms. Rawson. Carried 7/0. ..... Request for the filing of the Affidavit of Page 3 conE KRrORCKMBNT BOARD OP COLLIER COUNTY COIMENTS: (330) ITEM : CO_TS: (.tOO) ITEM: COJ.DmJfTS: JULY 22, 1993 Co.pl1ance for Case No. 93-002 Board of County Co..issioners vs. Bobby Gene McCollua and Billie 3ean McCollua Chairman Pedone advised that this item relates to the previous item and discussion of same is not necessary. ..... Reque.t for the filing of the Affidavit of Co.pliance for C..e .0. 93-008 Board of County C~i..ioner. v.. Goodland Bay Marina, Inc., David G. Law, Pre.ident and Rita Law, Secretary Treasurer Ms. Cruz stated that the Board held a public hearing relative to this Case on May 27, 1993 and issued its Order stating that the Respondent was to take certain corrective actions by or before July 19, 1993. Ms. Cruz reported that on July 16, 1993, a reinspect ion was performed and revealed that corrective actions ordered by the Board have been fulfilled. Assistant County Attorney Manalich advised that this is an informational item for the Board. ..... Iapo.ition of fine. for C... Ro. 91-019 Board of County Co..ia.ioner. va. No... W. R~d, E.tates Ms. Cruz pointed out that there is a typographical error in the Order Imposing Fine. Calling atten- tion to the first Page, Paragraph 5, Line 5, she noted that the dates should read February 24, 1992 through July 19, 1993. Ms. Cruz recalled that the Board held a public hearing with regard to this case on November 25, 1991 and issued its Order stating that effective January 24, 1992 and February 23, 1992, violations were to be brought into compliance or a fine of $75 would be imposed for each and every day any viola- tion continues past said date. Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 22, 1993 Ms. Cruz advised that Investigator Mike Kirby con- ducted inspections on February 24, April 14 and May 20, 1992, January 19 and July 19, 1993 and noted the violations still remained. She stated that staff is recommending that the Board impose a fine in the amount of $38,400 for non-compliance of the Board's Order. She cited that the fine is for 512 days at the rate of $75 per day. Attorney Eric Anderson, representing the Estate of Moses Howard, revealed that the violations occurred before his clients were involved. He noted that his clients desire to repair the pro- perty in order to meet the County's requirements and utilize same in the best possible way for the estate and the beneficiaries of the estate. Mr. Clark advised that the time clock has been running for a long period of time at the rate of $75 per day. He remarked if something is not resolved very quickly, the value of the property will be diminished beyond the point of nego- tiations. Mr. Anderson requested a 90 day period within which to submit to staff a plan to be instituted. He noted that consultants have been reviewing the site. Mr. Clark stated that he is not opposed to the 90 day time period, but noted he will suggest to the Board that the time clock continue to run until the violation is corrected. Mr. Anderson requested that 90 days be granted in order for the plan to be submitted and noted that he will be requesting an abatement of fines at that time. Investigator Mike Kirby detailed the corrective action necessary to bring the property into compliance. Mr. Clark remarked that it appears that the cost for corrective measures is less than $15,000 versus the $38,000 in fines that have accumulated. Attorney Dennis White, representing two of the children of the decedent, stated that there are Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTIOR: AMBJO)KD MOTION: ... (2270) ITEM: JULY 22, 1993 three separate parcels of real property in the Bonita Industrial Park area. He noted that two of these parcels are titled in the names of Moses W. Howard and Virginia Howard, as Trustees, under declaration of trust dated July 19, 1983. He revealed that the middle parcel is titled in the name of Moses W. Howard and there is a question as to the validity of the transfer of the real pro- perty into the trust. Attorney White indicated that his clients have expressed a desire to purchase outside property and dedicate same to the County as a trade-off. He announced that he was unaware that the fines were accruing to the extent they have, but noted he will bear the financial impact at the end of the day. In answer to Mr. Lazarus, Mr. White replied that he became involved in the estate in February, 1993. Assistant County Attorney Manalich advised that the Board has the power at any point to hear a motion for a reduction in the amount of the fine. With regard to the request for the additional 90 days, he explained if the Board desires to consider the abatement of fines, this could be done during this period of time. Made by Mr. Andrews that the tine re..in a. is. Seconded by Mr. Allen. Mr. Lazarus ottered the following _nement to the JM)tion: That the Order illpO.ing the tine fro. Pebruary 26, 1992 through 3uly 19, 19.3 be recor- ded; the the fine ot $75 per day continue to accrue until the Respondent co_. into coapliance or until 3~nt i. rendered in a .uit to toreclo.. on a lien tiled pursuant to Section 162.0., Plorida Sta~te.; and .ubject to the Respondent. ...king abate_nt, or reduction of the tine. Me..r.. Andr... and Allen accepted the ~t. The action carried 7/0. Rece.s 10:05 A.M. - Reconvened 10:15 A.M. ... Discussion of the reJM)val ot the tilings ot the respective orders ot the Board fro. the public Page 6 CODK KRPORCEMBNT BOARD OP COLLIER COUNTY JULY 22, 1993 records for ELBA Develop..nt Corp., Kenenth R. Meadvin, President and Eli Baron, Director, Montclair Building Corp., Kenneth R. Meadvin, Pres. and Eli Baron, Director and Deauville Lake Club nev. Corp., Miaon Baron, President - Director. COII.JBJrl S : Mr. Clark explained that additional information has been received with regard to ELBA Development, Montclair Building Corp. and Deauville Lake. He indicated that Code Enforcement Supervisor Bartoe has had discussions with Mr. Kelly from the State of Florida Department of Business Regulation and was informed that there are four violations and they are investigating same and plan to take action. Assistant County Attorney Manalich advised that he met with Mike Provost, Assistant State Attorney and his office will take this matter into account. Chairman Pedone reported that he has had com- munication with the County Attorney's Office con- cerning the removal of the recordation of the Order for Montclair and Embassy Woods due to the Bank of Boston not being pleased with the "cloud" on the title. Mr. Manalich announced that he has had further dialogue with the Bank of Boston and Mr. Meadvin. He stated that the Board had previously required written assurance that there would be no transfers of the property except for the sale of single dwelling units. He affirmed that he has a draft letter that Mr. Meadvin is willing to sign indi- cating same. With regard to the requirement of satisfactory evi- dence to staff and the County Attorney relating to the arrangement for the completion of the ameni- ties, Mr. Manalich advised that a meeting is sche- duled later in the day with Mr. Meadvin and various documents will be examined. He remarked that after a review of the documents, he may be in a position to work with Chairman Pedone with regard to the removal of the recordation. Mr. Pedone pointed out that there is a Judgment against Montclair Building Corporation from Seacoast Supply. Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JULY 22, 1993 Mr. Bartoe reported that the Clubhouse at Embassy Woods is approximately 1/3 completed. He noted that the swimming pool at Montclair is nearly completed. He explained that the temporary fence has been installed around the pool at Deauville Lake, however, the only evidence of anything being done inside the building is electrical cover plates over switches and outlets. Mr. Clark recalled that the Order of the Board stated that the clubhouse at Deauville was to be completed and C.O. 'd by July 21, 1993. He announced that fines are being accrued as of this date and staff will come back to the Board relative to the recordation of same. Mr. Raymond Brett, President of the Deauville Lake Club Association spoke with respect to this item. Mr. Lazarus suggested that staff present a summary of the lien situation for the next meeting. Mr. Pedone stated that in light of the foreclosure action against Montclair and ELBA, the Board may not wish to release the recordation. Mr. Pedone remarked that perhaps discussions should be conducted with the representatives from the bank. ..... ITEM: "xt Meeting to be held August 26, 1..3 COIIl&.rS: Mr. Pedone announced that the next regular meeting will be held on August 26, 1993. He indicated if need be, a special meeting will be called to discuss the ELBA, Montclair, Embassy Woods and Deauville Lake Club situations. ***** There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOARD OF COLLIER COUNTY Page 8 1993 ---... Page 9