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CEB Minutes 06/24/1993 1993 Code Enforcement Board Minutes June 24, 1993 CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: June 24, 1993 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ANDREWS X BARTOE X LAZARUS X BRYANT X L'ESPERANCE Exc. CLARK X - PEDONE X CRUZ X RAWSON X MANALICH X ALLEN X YOVANOVICH X VARIE X MINUTES BY: Ellie Hoffman, Deputy Clerk CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 10:15 A.M. PRESIDING: Michael Pedone, Chairman ADDENDA TO THE AGENDA: None Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AMENDED AGE N D A Date: June 24, 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 5. NEW BUSINESS N/A 6. OLD BUSINESS Requests by 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 for Code Enforcement Board to consider removal of the filings of the respective orders of the Board from the public records. 7. REPORTS N/A 8. NEXT MEETING DATE July 22, 1993 9 . ADJOURN CODE ENFORCEMENT BOARD OF COLLIER COUNTY JUNE 24 , 1 993 Tape #1 (30) ITEM: MOTION: Approval of the Agenda Made by Ms. Rawson to approve the Agenda. Seconded by Mr. Lazarus. Carried 6/0. ***** (45) ITEM: Request by ELBA Development Corp., Kenneth R. Meadvin, President and Eli Baron, Director, Montclair Building Corp., Kenneth R. Meadvin, President and Eli Baron, Director and Deauville Lake Club Development Corp., Mimon Baron, Pres. - Director, for Code Enforcement Board to consider removal of the filings of the respective orders of the Board from the public records. COMMENTS: After being sworn in by Code Enforcement Supervisor Clark, Mr. Kenneth R. Meadvin advised that he is the President of ELBA Development Corp. and the President of Montclair Building Corp. Assistant County Attorney Mafialich revealed that this meeting has been called as the result of deve- lopments since this matter was heard a few weeks ago. He recalled that at the last meeting, Mr. Meadvin requested that the Order of the Board, as recorded, be modified since it was creating problems for him with regard to the project. Mr. Mafialich stated that a clarification to the Order was prepared, indicating that under F.S. 162, the Order did not in fact constitute a lien, but was merely filed to notify any subsequent purcha- sers, transferees or asigns. He reported that Mr. Meadvin consulted with his organization and bank and communicated that this was not satisfactory. Mr. Mafialich explained that Attorney Jack Brugger who has represented Mr. Meadvin in the past, suggested that the only solution would be to remove the recording of the Order. Mr. Mafialich reported that Mr. Meadvin has provided a letter dated June 22, 1993, from Attorney Gerald Greenspoon of Ft. Lauderdale indicating "It is the bank's opinion that the findings as filed in the Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JUNE 24, 1993 public record constitute a claim and lien against the property and consequently must be fully released prior to the bank agreeing to fund future construction draws. It is of utmost urgency that this matter be cleared up as soon as possible in order that the project construction can continue uninterrupted." Mr. Mafialich announced if the Order remains recorded, the project would stop, and noted he does not believe this is the intent of the Board since compliance is being sought. Assistant County Attorney David Bryant stated as an attempt to accomplish the desire of the Board to have the amenities completed for the purchasers of the units, Mr. Meadvin's desire to finish the pro- ject and the bank's desire to fund the loan to be secure, discussions have been held as to what would give the bank the comfort level to ensure a clear title. Mr. Bryant indicated that he has been advised by the Bank of Boston's attorney that they will be funding the amenities separate and apart from the units, and assurance will be provided to the Board that the funding for the amenities will continue on and completed as desired. Mr. Meadvin stated that he appreciates the Board's indulgence in this regard. He suggested that upon resolution of this matter that the Assistant County Attorneys be authorized to follow through without having a subsequent meeting in order for the pro- ject to continue without being interrupted. In answer to Mr. Lazarus, Assistant County Attorney Bryant suggested that everything remain as is, until the information is received back from the Bank of Boston. Assistant County Attorney Mafialich advised that there is no requirement for the first stage of the Order to be recorded, but recalled that was his recommendation initially to provide an incentive for the work to be completed. He noted that staff will be communicating with the bank to determine whether there is an equitable solution in addition to ensuring the county some degree of protection. Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JUNE 24, 1993 Mr. Mafialich suggested that the Board consider weighing the risk involved with removing the Order from the public records and the possibility of the project being transferred, assigned, etc. to some other entity versus stopping the project which would result in no one achieving what is desired. Mr. Clark suggested that the Board weigh the deve- loper's performance to date. He stated he believes removing the lien entirely would result in too much risk to the property owners. He remarked that the developer has had very little incentive to complete the clubhouse. He pointed out that Mr. Meadvin indicated there was sufficient funding to meet the schedule set by the Board, and noted that the work is supposed to be 1/3 completed by next week. Mr. Clark requested that the County's legal counsel be given the authority to proceed if an equitable agreement is reached in order to alleviate the necessity of staff coming back to the Board. Mr. Clark voiced concerns with regard to the deve- loper making certain assurances to the Board in the past, that certain things would be done within a certain time frame, and very little has been accomplished. In response to Mr. Allen, Assistant County Attorney Mafialich explained if the Findings of Fact are removed from the public records, they would con- tinue to be binding upon the respondent. He advised if the developer fails to comply with the scheduled order of completion, the fines would begin to accumulate and another hearing would be conducted and evidence would be presented from staff and the respondent. He remarked if at that time the Board is convinced that the developer did not comply, another Order would be issued, imposing the fine. Mr. Meadvin stated that he never intended to dismiss the binding effect of the Order, however, the fact that the Order is recorded, creates a lien on the property which will interrupt the funding of these facilities. He announced that his goal is to complete the amenities, uninterrupted. In response to Mr. Clark, Mr. Meadvin remarked that he interpreted the completion to be 1/3 of the Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JUNE 24, 1993 total amenity package which consists of two buildings, a tennis court and a swimming pool. He noted that he never directed 1/3 completion to the one building in question. Assistant County Attorney Yovanovich suggested that in order to alleviate concerns that there may be a transfer of the property, the Board could ask the developer to commit that there would be no transfer other than that of single units during the sales process without first coming to the County. Mr. Pedone remarked that the bank has every inten- tion of financing the project and seeing it to completion, however, the question is whether ELBA Development or A. Baron Construction will finish the project. Mr. Meadvin replied that the contractor is bound to the bank to perform, under a three party agreement. He noted that he is merely requesting to be accom- modated so that the funding will not be interrupted. Assistant County Attorney Yovanovich advised that the County Attorney's office could review the contract between the contractor, bank and the deve- loper to determine whether the contractor has a relationship with the bank. Assistant County Attorney Mafialich explained if the Board decided to maintain the recording, as it is, and no funding for the project would be forth- coming, it is conceivable that there would be a multitude of law suits. Mr. Lazarus revealed that he is not willing to relieve any recording responsibility unless there is a stipulation providing that there would be no transfer or assignment except for single family dwellings. Mr. Meadvin stated that the amenities will not be transferred since they belong to the residents of Embassy Woods. He indicated that there is no intent, nor have there been any negotiations regarding a bulk transfer of the property, except for the transfer of individual properties upon completion. Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JUNE 24, 1993 The following persons spoke with regard to this item: Leo Nagle Raymond Brett Clayton Sturgiker Paul Holland Marvin Ferini With regard to concerns expressed by the speakers living in Deauville Lake, Mr. Clark advised that Code Enforcement Supervisor Tom Bartoe will be meeting with those property owners and will attempt to contact Mr. Rice and possibly pursue some other avenues through the state. MOTION: Made by Mr. Lazarus that the County Attorney's office be authorized to negotiate with the Bank of Boston and receive a commitment from the Boston Bank that the financing on the projects in question will be completed and that upon receiving such com- mitment the recordation of the Order be removed only as to those projects, but not as to Deauville; further that a stipulation be executed with the developer, under which the developer co..its that there would be no assignment, transfer or aliena- tion of the project and if those two steps are accomplished, the removal of the recordation can take place and if not, the recordation will remain in place. Seconded by Ms. Rawson. Assistant County Attorney Mafialich questioned whether the Chairman is authorized to sign any agreement with the developer without the document being presented to the Board. Mr. Lazarus stated that the intent of the motion is that negotiations will be carried on by counsel, and if satisfactory to counsel, the Chairman will execute any Order. Upon call for the question, the motion carried 6/0. MOTION: Made by Ms. Rawson that staff and the County Attorney's Office be directed to investigate the problems at the Deauville Lake Club and if appropriate, refer the matter to the State Attorney's Office to investigate criminal viola- tions. Seconded by Mr. Lazarus. Carried 6/0. **** Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY JUNE 24, 1993 ITEM: COMMENTS: Next Meeting Date - July 22, 1993 Mr. Pedone announced that the next meeting date is Ju 1 y 2 2, 1 993 . **** There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT LLIER COUNTY Mic ael Pedone, Chairman Page 7